DP Tool Club 17/CD_ASCQ_17_101194.iso/vrac/hr_3355a.zip/CRMBIL_4.TXT

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$1,000,000 for fiscal year 1997;
~ $1,000,000 for fiscal year 1998; i4i $1,000,000 for fiscal year 1999;
and t5, $1,000,000 for fiscal year 2000.

SEc '.Qt'lO4. MORE AGENTS FOR THE DRUG ENFORCEMENT ADMINIS
TRATIoN             . . ~ r , 1 1 . .   r 7 ~'
are authorized to be appropriated for the hiring of additlOrlf~ rz~g
Enforcement Administration agents--
(1) $12,000,000 for fiscal year 1996;
(2) $20,000,000 for fiscal year 1997;
(3) $30,000,000 for fiscal year 1998;
(4) $40,000,000 for fiscal year 1999; and
(5) $48,000,000 for fiscal year 2000.

Subtitle B--Drug Free Truck Stops and
Safety Rest Areas

SEC. 180201. DRUG FREE TRuCK STOPS AND SAFETY REST AREAS.
(a) SHORT TITLE.--This section may be cited as the "Drug Free Truck
Stop Act".
(b) AMENDMENT TO CONTROLLED SUBSTANCES ACT.--
(1) IN GENERAL.--Part D of the Controlled Substances Act (21 U.s.c. 801
et seq.) is amended by inserting after section 408 the following new
section:

"TRANSPORTATION SAFETY OFFENSES

"SEC. 409. (a) DEFINITIONS.--In this section--
"'safety rest area' means a roadside facility with parking facilities
for the rest or other needs of motorists.
"'truck stop' means a facility (including any parking lot appurtenant
thereto) that--
"(A) has the capacity to provide fuel or service, or both,
to any commercial motor vehicle (as defined in section
31301 of title 49, United States Code), operating in com-
merce (as defined in that section); and
"(B) is located within 2,500 feet of the National System
of Interstate and Defense Highways or the Federal-Aid Primary System.
'(b) FIRST OFFENSE.--A person who violates section 401(a)(1) or section
416 by distributing or possessing with intent to distribute a
controlled substance in or on, or within 1,000 feet of, a truck stop or
safety rest area is (except as provided in subsection (b)) subject to--
"(1) twice the maximum punishment authorized by section 401(b); and
"(2) twice any term of supervised release authorized by section 401(b)
for a first offense.
(c) SussEQuENT OFFENSE.--A person who violates section 401~a)(1) or
section 416 by distributing or possessing with intent to distribute a
controlled substance in or on, or within 1,000 feet of, a truck stop or
a safety rest area after a prior conviction or convictions under
subsection (a) have become final is subject to--
"(1) 3 times the maximum punishment authorized by section 401(b); and
"(2) 3 times any terrn of supervised release authorized by section
401(b) for a first offense.".
(2) TECHNICAL AUENDMENTS.--
(A) CROSS REFERENcE.--Section 401(b) of the Con
trolled Substances Act (21 U.S.C. 841(b)) is amended by inserting
"409," before "418," each place it appears.

289

(B) TABLE OF cONTENTS.--The table of contents of the Comprehensive Drug
Abuse Prevention and Control Act of
1970 is amended by striking the item relating to section
409 and inserting the following new item: "Sec.409. Transpor~atzon
safety offenses.".
(c) SENTENCING GUIDELINES.--Pursuant to its authority under section 994
of title 28, United States Code, and section 21 of the Sentencing Act
of 1987 (28 U.S.C. 994 note), the United States Sentencing Commission
shall promulgate guidelines, or shall amend existing guidelines, to
provide an appropriate enhancement of punishment for a defendant
convicted of violating section 409 of the Controlled Substances Act, as
added by subsection (b).

Subtitle C--Sense of Congress Regarding
Funding for Rural Areas

SEC.180301. FUNDING FOR RURAL AREAS.
It is the sense of Congress that--
(1) the Attorney General should ensure that funding for programs
authorized by the provisions of this Act and amendments made by this
Act is distributed in such a manner that rural areas continue to
receive comparable support for their broad-based crime fighting
initiatives;
(2) rural communities should not receive less funding than they
received in fiscal year 19.94 for anti-crime initiatives as a result of
any legislative or administrative actions; and
(3) to the maximum extent possible, funding for the Edward Byrne
Memorial State and Local Law Enforcement Assistance Program should be
maintained at its fiscal year 1994

TITLE XIX--FEDERAL LAW
ENFORCEMENT

SEC. 190001. FEDERAL JUDIclARY AND FEDERAL LAw ENFORCEMENT. (a)
AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE FEDERAL JUDICIARY.--
FEDER,qL JUDlclARY.--There are authorized to be appropriated for the
activities of the Federal Judiciary to help meet the increased demands
for judicial activities, including superuised release, pre-trial and
probation services, that will result from enactment into law of this
Act--
(A) $30,000,000 for fiscal year 1996; (B) $35,000,000 for fiscal year
1997; (C) $40,000,000 for fiscal year 1998; (D) $40,000,000 for fiscal
year 1999; and (E) $55,000,000 for fiscal year 2000.
(b) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE DEPARTMENT OF
JUSTICE.--There is authorized to be appropriated for the activities and
agencies of the Department of Justice, in addition to sums authorized
elsewhere in this section, to help meet the
290

increased demands for Department of Justice activities that will result
from enactment into law of this Act--
(A) S45,000,000 for fiscal year 1996; (B) S55,000,000 for fiscal year
1997; (C) S60,000,000 for fiscal year 1998; (D) S60,000,000 for fiscal
year 1999; and
(c) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE FEDERAL BUREAU
OF INVESTIGATION.--There is authorized to be appropriated for the
activities of the Federal Bureau of Investigation, to help meet the
increased demands for Federal Bureau of Investigation activities that
will result from enactment into law of this Act-- (A) S35,000,000 for
fiscal year 1996; (B) $40,000,000 for fiscal year 1997 (C) S50,000,000
for fiscal year 1998; (D) $60,000,000 for fiscal year 1999; and (E)
S60,000,000 for fiscal year 2000.
(d) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR UNITED STATES
ATTORNEYS.--There is authorized to be appropriated for the account
Department of Justice, Legal Activities, "Salaries and expenses, United
States Attorneys", to help meet the increased demands for litigation
and related activities which will result from enactment into law of
this Act--
(A) $5,000,000 for fiscal year 1996; (B) $s,ooo,ooo for fiscal year
1997; (c) slo,ooo,ooo for fiscal year 1998; (D) $12,000,000 for fiscal
year 1999; and (E) S15,000,000 for fiscal year 2000.
(e) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE DEPARTMENT OF
THE TREASURY.--There is authorized to be appropriated for the
activities of the Bureau of Alcohol, Tobacco, and Firearms, the United
States Customs Service, the Financial Crimes Enforcement Network, the
Federal Law Enforcement Training Center, the Criminal Investigation
Division of the Internal Revenue Service, and the United States Secret
Service to help meet the increased demands for Department of Treasury
activities that will result from enactment into law of this Act--
(1) $30,000,000 for fiscal year 1995; (2) $70,000,000 for fiscal year
1996; (3) $90,000,000 for fiscal year 1997; (4) $110,000,000 for fiscal
year 1998; (5) $125,000,000 for fiscal year 1999; and (6) $125,000,000
for fiscal year 2000.

TITLE XX--POLICE CORPS AND LAW EN
FORCEMENT OFFICERS TRAINING
AND EDUCATION

Subt~tle A--Police Corps

SEC. 200101. S~ORT TmE.
This subtitle ma~ be cited as the "Police Corps Act".

291

SEC. 200102. PuRPOSES.
The purposes of this subtitle are to--
(1) address violent crime by increasing the number of policewith ad
vanced ed ucation and training on community patrol; and
(2) provide educational assistance to law enforcement personnel and to
students who possess a sincere interest in public service in the form
of law enforcement.
SEC. 200103. DEFINITIONS.
In this subtitle--
"academic year" means a traditional academic year beginning in August
or September and ending in the following May or June.
"dependent child" means a natural or adopted child or stepchild of a
law enforcement officer who at the time of the officer's death--
(A) was no more than 21 years old; or
(B) if older than 21 years, was in fact dependent on the
child's parents for at least one-half of the child's support
(excluding educational expenses), as determined by the Di
rector.
"Director" means the Director of the Office of the PoliceCorps and Law
Enforcement Education appointed under section 200104.
"educational expenses" means expenses that are directly attributable
to--
(A) a course of education leading to the award of the
baccalaureate degree in legal- or criminal justice-related
studies; or
(B) a course of graduate study legal or criminal justice
studies following award of a baccalaureate degree, including the cost
of tuition, fees, books, supplies, transportation, room and board and
miscellaneous expenses.
"institution of higher education" has the meaning stated in the first
sentence of section 1201(a) of the Higher Education Act
,   of 1965 (20 U.S.C. 1141(a)).
"participant" means a participant in the Police Corps program selected
pursuant to section 200106.
"State" means a State of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa,
Guam, and the Commonwealth of the Northern Mariana Islands.
"State Police Corps program" means a State police corps program that
meets the requirements of section 200110.
SEC. 200104. ESTABIISHMENT OF OFFICE OF THE POLICE CORPS AND LAW
ENFORCEMENT EDUCATION.
There is established in the Department of Justice, under the general
authority of the Attorney General, an Office of the Police
CorpS and Law Enforcement Education.
292

SEC. 200105. DESIGNATION OF LEAD AGENCY AND SUBMISSION OP STATE PLAN.
(a) LEAD AGENCY.--A State that desires to participate in the Police
Corps program under this subtitle shall designate a lead agency that
will be responsible for--
(1) submitting to the Director a State plan described in
subsection (b); and
(2) administering the program in the State.
(b) STATE PLANS.--A State plan shall--
(1) contain assurances that the lead agency shall work in
cooperation with the local law enforcement liaisons, representatiues of
police labor organizations and police management organizations, and
other appropriate State and local agencies to develop and implement
interagency agreements designed to carry out the program;
(2) contain assurances that the State shall aduertise the as
sistance available under this subtitle
(3) contain assurances that the State shall screen and select
law enforcement personnel for participation in the program;
and
(4) meet the requirements of section 200110.

SEG 200106. SCHOLARSHIPASSISTANCE.
(a) SCHOLARSHIPS AUTHORIZED.~1) The Director may awardscholarships to
participants who agree to work in a State or local police force in
accordance with agreements entered into pursuant to subsection (d).
(2)(A) Except as provided in subparagraph (B), each scholarship payment
made under this section for each academic year shall not exceed--
(i) $7,500; or
(ii) the cost of the educational expenses related to attending
an institution of higher ed ucation.
(B) In the case of a participant who is pursuing a course of edu-
cational study during substantially an entire calendar year, the amount
of scholarship payments made during such year shall not exceed $10,000.
(C) The total amount of scholarship assistance received by any one
student under this section shall not exceed $30,000.
(3) Recipients of scholarship assistance under this section shall
continue to receive such scholarship payments only during such periods
as the Director finds that the recipient is maintaining satisfactory
progress as determined by the institution of higher education the
recipient is attending.
(4)(A) The Director shall make scholarship payments under this section
directly to the institution of higher education that the student is
attending.
(B) Each institution of higher education receiving a payment on behalf
of a participant pursuant to subparagraph (A) shall remit to such
student any funds in excess of the costs of tuition, fees, and room and
board payable to the institution.
(b) REIMBURSEMENT AUTHORIZED.~1) The Director may make payments to a
participant to reimburse such participant for the costs of educational
expenses if the student agrees to work in a State

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or local police force in accordance with the agreement entered into
pursuant to subsection (d).
(2)(A) Each payment made pursuant to paragraph (1) for each academic
year of study shall not exceed--
(i) $7,500; or
(ii) the cost of educational expenses related to attending an
institution of higher education.
(B) In the case of a participant who is pursuing a course of edu-
cational study during substantially an entire calendar year the amount
of scholarship payments made during such year shail not exceed $10,000.
(C) The total amount of payments made pursuant to subparagraph (A) to
any 1 student shall not exceed $30,000.
(c) USE OF SCHOLARSHIP.--Scholarships awarded under this subsection
shall only be used to attend a 4-year institution of higher education,
except that--
(1) scholarships may be used for graduate and professional study; and
(2) if a participant has enrolled in the program upon or after transfer
to a 4-year institution of higher education, the Director may reimburse
the participant for the participant's prior educatzonal expenses.
(d) AGREEMENT.~1)(A) Each participant receiving a scholarshzp or a
payment under this section shall enter into an agreement with the
Director.
(B) An agreement under subparagraph (A) shall contain assurances that
the participant shall--
(i) after successful completion of a baccalaureate program and training
as prescribed in section 200108, work for 4 years in a State or local
police force without there having arisen sufficzent cause for the
participant's dismissal under the rules applicable to members of the
police force of which the participant is a member
(ii) complete satisfactorily--
(V an educational course of study and receipt of a bac
calaureate degree (in the case of undergraduate study) or
the reward of credit to the participant for having completed
one or more grad uate courses (in the case of grad uate
study); and
(IV Police Corps training and certification by the Di
rector that the participant has met such performance standards as may
be established pursuant to section 200108; and (iii) repay all of the
scholarship or payment received plus interest at the rate of 10 percent
if the conditions of clauses '~) and (zz) are not complied with.
f2)(A) A recipient of a scholarship or payment under this section shall
not be considered to be in violation of the agreement entered into
pursuant to paragraph (1) if the recipient--
(z) dies; or
(ii) becomes permanently and totally disabled as establzshed by the
sworn affidavit of a qualified physician.
. (BJ If a scholarship recipient is unable to comply with the rePayment
provision set forth in paragraph (1)(B)(ii) because of a P yszcal or
emotional disability or for good cause as determined by
294

the Director, the Director may substitute community service in a form
prescribed by the Director for the required repayment.
(C) The Director shall expeditiously seek repayment from a participant
who violates an agreement described in paragraph (1).
(e) DEPENDENT CHILD.--A dependent child of a law enforcement of ficer--
(1) who is a member of a State or local police force or is a Federal
criminal investigator or uniformed police of ficer,
(2) who is not a participant in the Police Corps program, but
(3) who serves in a State for which the Director has approved a Police
Corps plan, and
(4) who is killed in the course of performing police duties, shall be
entitled to the scholarship assistance authorized in this section for
any course of study in any accredited institution of higher education.
Such dependent child shall not incur any repayment obligation in
exchange for the scholarship assistance provided in this section.
(p APPLICATION.--Each participant desiring a scholarship or payment
under this section shall submit an application as prescribed by the
Director in such manner and accompanied by such information as the
Director may reasonably require.
SEC. 200107. SELECTION OF PARTICIPANTS.
(a) IN GENERAL.--Participants in State Police Corps programs shall be
selected on a competitive basis by each State under regulations
prescribed by the Director.
(b) SELECTION CRITERIA AND QUALIFICATIONS.~1) In order to participate
in a State Police Corps program, a participant shall--
(A) be a citizen of the United States or an alien lawfully admitted for
permanent residence in the United States;
(B) meet the requirements for admission as a trainee of the State or
local police force to which the participant will be assigned pursuant
to section 200110(5), including achievement of satisfactory scores on
any applicable examination, except that failure to meet the age
requirement for a trainee of the State or local police shall not
disqualify the applicant if the applicant will be of sufficient age
upon completing an undergraduate course of study;
(C) possess the necessary mental and physical capabilities and
emotional characteristics to discharge effectively the duties of a law
enforcement of ficer;
(D) be of good character and demonstrate sincere motivation and
dedication to law enforcement and public service;
(E) in the case of an undergraduate, agree in writing that the
participant will complete an educational course of study leading to the
award of a baccalaureate degree and will then accept an appointment and
complete 4 years of service as an officer in the State police or in a
local police department within the State;
(F) in the case of a participant desiring to undertake or continue
graduate study, agree in writing that the participant will accept an
appointment and complete 4 years of service as an officer in the State
police or in a local police department

295

within the State before undertaking or continuing graduate study;
(G) contract, with the consent of the participant's parent or
guardian if the participant is a minor, to serve for 4 years as
an officer in the State police or in a local police department, if
an appointment is offered; and
(H) except as provided in paragraph (2), be without pre
vious law enforcement experience.
(2)(A) Until the date that is ~ years after the date of enactmentof
this Act, up to 10 percent of the applicants accepted into the Police
Corps program may be persons who--
(~) have had some law enforcement experience; and
(ii) have demonstrated special leadership potential and
dedication to law enforcement.
(B)(i) The prior period of law enforcement of a participant selected
pursuant to subparagraph (A) shall not be counted toward satisfaction
of the participant's 4-year service obligation under secion 200109, and
such a participant shall be subject to the same benefits and
obligations under this subtitle as other participants, inluding those
stated in section (b)(1) (E) and (F).
(ii) Clause (i) shall not be construed to preclude counting a par-
ticipant's previous period of law enforcement experience for purposes
ther than satisfaction of the requirements of section 200109, such ~s
for purposes of determining such a participant's pay and other nefits,
rank, and tenure.
(3) It is the intent of this subtitle that there shall be no more an
20,000 participants in each graduating class. The Director hall approve
State plans providing in the aggregate for such enroll~ent of
applicants as shall assure, as nearly as possible, annual ~aduating
classes of 20,000. In a year in which applications are eceived in a
number greater than that which will produce, in the udgment of the
Director, a graduating class of more than 20,0Q0, e Director shall, in
deciding which applications to grant, give ~eference to those who will
be participating in State plans that prode law enforcement personnel to
areas of greatest need.
(c) RECRUITMENT OF MINORITIES.--Each State participating in ~e Police
Corps program shall make special efforts to seek and reruit applicants
from among members of all racial, ethnic or gender roups. This
subsection does not authorize an exception from the mpetitive standards
for admission established pursuant to subections (a) and (b).
(d) ENROLLMENT OF APPLICANT.I1) An applicant shall be acepted into a
State Police Corps program on the condition that the pplicant will be
matriculated in, or accepted for admission at, a -year institution of
higher education--
(A) as a full-time student in an undergraduate program; or
(B) for purposes of taking a graduate course.
(2) If the applicant is not matriculated or accepted as set forth
paragraph (1), the applicant's acceptance in the program shall be
voked.
(e) LEAVE OF ABSENCE.~1) A participant in a State Police orps program
who requests a leave of absence from educational udy, training or
service for a period not to exceed 1 year (or 18 ~onths in the
aggregate in the event of multiple requests) due to
296

temporary physical or emotional disability shall be granted suchi leave
of absence by the State.
(2) A participant who requests a leave of absence from educational
study, training or service for a period not to exceed 1 year (or 18
months in the aggregate in the event of multiple requests) for any
reason other than those listed in paragraph (1) may be granted such
leave of absence by the State.
(3) A participant who requests a leave of absence from educational
study or training for a period not to exceed 30 months to serve on an
official church mission may be granted such leave of absence.
(f) ADMISSION OF APPLICANTS.--An applicant may be admitted into a State
Police Corps program either before commencement of or during the
applicant's course of educational study.
SEC. 200108. POLICE CORPS TRAlNING.
(a) IN GENERAL.~1) The Director shall establish programs of training
for Police Corps participants. Such programs may be carried out at up
to 3 training centers established for this purpose and administered by
the Director, or by contracting with existing State training
facilities. The Director shall contract with a State training facility
upon request of such facility if the Director determines that such
facility offers a course of training substantially equivalent to the
Police Corps training program described in this subtitle.
(2) The Director may enter into contracts with individuals, in-
stitutions of learning, and government agencies (including State and
local police forces) to obtain the services of persons qualified to
participate in and contribute to the training process.
(3) The Director may enter into agreements with agencies of the Federal
Government to utiiize on a reimbursable basis space in Federal
buildings and other resources.
(4) The Director may authorize such expenditures as are necessary for
the effective maintenance of the training centers, including purchases
of supplies, uniforms, and educational materials, and the provision of
subsistence, quarters, and medical care to participants.
(b) TR~qlNING SESSIONS.--A participant in a State Police Corps program
shall attend two 8-week training sessions at a training center, one
during the summer following completion of sophomore year and one during
the summer following completion of junior year. If a participant enters
the program after sophomore year, the participant shall complete 16
weeks of training at times determined by the Director.
(c) FURTHER TRAINING.--The 16 weeks of Police Corps training authorized
in this section is intended to serve as basic law enforcement training
but not to exclude further training of participants by the State and
local authorities to which they will be assigned. Each State plan
approved by the Director under section 10 shall include assurances that
following completion of a participant's course of education each
participant shall receive appropriate additional training by the State
or local authority to which the participant is assigned. The time spent
by a participant in such additional training, but not the time spent in
Police Corps training, shall be counted toward fulfillment of the
participant's 4-year service obligation

297

(d) COURSE OF TRAINING.--The training sessions at trainingcenterS
established under this section shall be designed to prouide basic law
enforcement training, including vigorous physical and mental training
to teach participants self-discipline and organizational loyalty and to
impart knowledge and understanding of legal processes and law
enforcement.
(e) EVALUATION OF PARTICIPANTS.--A participant shall be evaluated
during training for mental, physical, and emotional fitness, and shall
be required to meet performance standards prescribed by the Director at
the conclusion of each training session in order to remain in the
Police Corps program.
(f) STIPEND.--The Director shall pay participants in training sessions
a stipend of $250 a week during training.
SEC. 200109. SERVICE OBLIGATION.
(a) SWEARING IN.--Upon satisfactory completion of the participant's
course of education and training program established in section 200108
and meeting the requirements of the police force to which the
participant is assigned, a participant shall be sworn in as a member of
the police force to which the participant is assigned pursuant to the
State Police Corps plan, and shall serve for 4 years as a member of
that police force.
(b) RIGHTS AND RESPONSIBILITIES.--A participant shall have all of the
rights and responsibilities of and shall be subject to all rules and
regulations applicable to other members of the police force of which
the participant is a member, including those contained in applicable
agreements with labor organizations and those provided by State and
local law.
(c) DISCIPLINE.--If the police force of which the participant is a
member subjects the participant to discipline such as would preclude
the participant's completing 4 years of service, and result in denial
of educational assistance under section 200106, the Director may, upon
a showing of good cause, permit the participant to complete the service
obligation in an equivalent alternative law enforcement service and, if
such service is satisfactorily completed, section 200106(d)(1)(B)(iii)
shall not apply.
(d) LAYOFFS.--If the police force of which the participant is a member
lays off the participant such as would preclude the participant's
completing 4 years of service, and result in denial of educational
assistance under section 200106, the Director may permit the
participant to complete the service obligation in an equivalent
alternative law enforcement service and, if such service is satisfac-
torily completed, section 200106(d)(1)(B)(iii) shall not apply.
SEC. 200110. STATEPLANREQUIREMENTS.
A State Police Corps plan shall--
(1) provide for the screening and selection of participants in
accordance with the criteria set out in section 200107;
(2) state procedures governing the assignment of partici
pants in the Police Corps program to State and local police
forces (no more than 10 percent of all the participants assigned
in each year by each State to be assigned to a statewide police
force or forces)
(3) provide that participants shall be assigned to those geoa~hic areas
in which--
298

(A) there is the greatest need for additional law en
forcement personnel; and
(B) the participants will be used most effectively;
(4) provide that to the extent consistent with paragraph (3)a
participant shall be assigned to an area near the participant's home or
such other place as the participant may request;
(5) provide that to the extent feasible, a participant's assignment
shall be made at the time the participant is accepted into the program,
subject to change--
(A) prior to commencement of a participant's fourth
year of undergraduate study, under such circumstances as
the plan may specify; and
(B) from commencement of a participant's fourth year
of undergraduate study until completion of 4 years of police service by
participant, only for compelling reasons or to meet the needs of the
State Police Corps program and only with the consent of the
participant;
(6) provide that no participant shall be assigned to serve with a local
police force--
(A) whose size has declined by more than 5 percent
since June 21, 1989, or
(B) which has members who have been laid off but not
retired;
(7) provide that participants shall be placed and to the extent
feasible kept on community and preventive patrol;
(8) ensure that participants will receive effective training and
leadership;
(9) provide that the State may decline to offer a participant an
appointment following completion of Federal training, or may remove a
participant f~om the Police Corps program at any time, only for good
cause (including failure to make satisfactory progress in a course of
educational study) and after following reasonable review procedures
stated in the plan; and
(10) provide that a participant shall, while serving as a member of a
police force, be compensated at the same rate of pay and benefits and
enjoy the same rights under applicable agreements with labor
organizations and under State and local law as other police officers of
the same rank and tenure in the police force of which the participant
is a member.
SEC. 200111. ASSISTANCE TO STATES AND LOCALITIES EMPLOYING POLICE CORPS
OFFICERS.
Each jurisdiction directly employing Police Corps participants during
the 4-year term of service prescribed by section 200109 shall receive
$10,000 on account of each such participant at the complet~on of each
such year of service, but--
(1) no such payment shall be made on account of service in any State or
local police force--
(A) whose average size, in the year for which payment
is to be made, not counting Police Corps participants as-
signed under section 106, has declined more than 2 percent
since January 1, 1993; or
(B) which has members who have been laid off but not
retired; and

299

(2) no such payment shall be made on account of any Police Corps
participant for years of service after the completion of the term of
service prescribed in section 200109.

SEC. 200112. AUTHORIZATION OF APPROPRL~TIONS.
There are authorized to be appropriated from the General Fund of the
Treasury to carry out this subtitle--
(1) $100,000,000 for fiscal year 1995
(2) $300,000,000 for fiscal year 1996; and
(3) such sums as may be necessary for each of the fiscal years 1997,
through 2000.

SEC. 200113. REPORTS TO CONGRESS.
(a) IN GENERAL.--Not later than April 1 of each year, the Director
shall submit a report to the Attorney General, the President, the
Speaker of the House of Representatives, and the President of the
Senate.
(b) CONTENTS.--A report under subsection (a) shall--
(1) state the number of current and past participants in the Police
Corps program, broken down according to the levels of educational study
in which they are engaged and years of service they have served on
police forces (including service following completion of the 4-year
service obligation);
(2) describe the geographic, racial, and gender dispersion of
participants in the Police Corps program, and
(3) describe the progress of the Police Corps program and make
recommendations for changes in the program.

Subtitle B--Law Enforcement Scholarship
Program

SEC. 200201. SHORT TITLE.
This subtitle may be cited as the "Law Enforcement Scholarships and
Recruitment Act".
SEC. 200202. DEFINITIONS.
In this subtitle--
"Director" means the Director of the Office of the Police Corps and Law
Enforcement Education appointed under section 200104.
"educational expenses" means expenses that are directly attributable
to--
(A) a course of education leading to the award of an
associate degree;
(B) a course of education leading to the award of a bac
calaureate degree; or
(C) a course of graduate study following award of a
baccalaureate degree,including the cost of tuition, fees, books,
supplies, and related expenses.
"institution of higher education" has the meaning stated in the first
sentence of section 1201(a) of the Higher Education Act of 1965 (20
U.S.C. 1141(a)).
"law enforcement position" means employment as an officer in a State or
local police force, or correctional institution.
300

"State" means a State of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands of the United
States, American Samoa, Guam, and the Commonwealth of the Northern
Mariana Islands.
SEG 200203. ALLOTMENT.
>From amounts appropriated under section 200210, the Director shall
allot--
(1) 80 percent of such amounts to States on the basis of the number of
law enforcement officers in each State compared to the number of law
enforcement officers in all States; and
(2) 20 percent of such amounts to States on the basis of the shortage
of law enforcement personnel and the need for assistance under this
subtitle in the State compared to the shortage of law enforcement
personnel and the need for assistance under this subtitle in all
States.
SEC.200204. EsTAsLlsHMENT OF PROGRAM. (a) USE OF ALLOTMENT.--
(1) IN GENE~AL.--A State that receives an allotment pursuant to section
200203 shall use the allotment to pay the Federal share of the costs
of--
(A) awarding scholarships to in-service law enforce
ment personnel to enable such personnel to seek further
education; and
(B) providing--
(i) full-time employment in summer; or
(ii) part-time (not to exceed 20 hours per week) em
ployment for a period not to exceed 1 year.
(2) EMPLOYMENT.--The employment described in paragraph (1)(B)--
(A) shall be provided by State and local law enforce
ment agencies for students who are juniors or seniors in
high school or are enrolled in an institution of higher edu-
cation and who demonstrate an interest in undertaking a
career in law enforcement
(B) shall not be in a iaw enforcement position; and
(C) shall consist of performing meaningful tasks that
inform students of the nature of the tasks performed by law enforcement
agencies. (b) PAYMENTS; FEDERAL SHARE; NoN-FEDERAL SHARE.--
(1) PAYMENTS.--Subject to the availability of appropriations, the
Director shall pay to each State that receives an allotment under
section 200203 the Federal share of the cost of the activities
described in the application submitted pursuant to section 200203.
(2) FEDERAL sHARE.--The Federal share shall not exceed 60 percent.
(3) NON-FEDERAL sHARE.--The non-Federal share of the cost of
scholarships and student employment provided under this subtitle shall
be supplied from sources other than the Federal Government.
(c) RESPONSIBILITIES OF DIRECTOR.--The Director shall be responsible
for the administration of the programs conducted pursuant to this
subtitle and shall, in consultation with the Assistant Sec

301

retary for Postsecondary Education, issue rules to implement
thissubtitle.
(d) ADMINISTRATIVE EXPENSES.--A State that receives an allotment under
section 200203 may reserve not more than 8 percent of the allotment for
administrative expenses.
(e) SPECIAL RULE.--A State that receives an allotment under section
200203 shall ensure that each scholarship recipient under this subtitle
be compensated at the same rate of pay and benefits and enjoy the same
rights under applicable agreements with labor organizations and under
State and local law as other law enforcement personnel of the same rank
and tenure in the office of which the scholarship recipient is a
member.
(f) SUPPLEMENTATION OF FUNDING.--Funds received under this subtitle
shall only be used to supplement, and not to supplant, Federal, State,
or local efforts for recruitment and education of law enforcement
personnel.

SEG 200205. SCHOLARSHIPS.
(a) PERIOD oP AWARD.--Scholarships awarded under this subtitle shall be
for a period of 1 academic year.
(b) USE OF SCHOLARSHIPS.--Each individual awarded a scholarship under
this subtitle may use the scholarship for educational expenses at an
institution of higher education.

SEC 200206. ELIGIBILITY.
(a) SCHOLARSHIPS.--A person shall be eligible to receive a scholarship
under this subtitle if the person has been employed in law enforcement
for the 2-year period immediately preceding the date on which
assistance is sought.
(b) INELIGIBILITY FOR STUDENT EMPLOYMENT.--A person who has been
employed as a law enforcement officer is ineligible to participate in a
student employment program carried out under this subtitle.

SEC 200207. STATE APPLICATION.

(a) IN GENERAL.--Each State desiring an allotment under section 200203
shall submit an application to the Director at such time, in such
manner, and accompanied by such information as the Director may
reasonably require.
(b) CONTENTS.--An application under subsection (a) shall--
(1) describe the scholarship program and the student em
ployment program for which assistance under this subtitle issought;
(2) contain assurances that the lead agency will work in co
operation with the local law enforcement liaisons, representatives of
police labor organizations and police management organizations, and
other appropriate State and local agencies to develop and impl~ment
interagency agreements designed to carry out this subtitle;
(3) contain assurances that the State will advertise the
scholarship assistance and student employment it will prouide under
this subtitle and that the State will use such programs to enhance
recruitment efforts;
(4) contain assurances that the State will screen and select
law enforcement personnel for participation in the scholarship program
under this subtitle:
302

(5) con tain assurances that under such student employment program the
State will screen and select, for participation in such program
students who have an interest in undertaking a career in law
enforcement;
(6) contain assurances that under such scholarship program the State
will make scholarship payments to institutions of higher education on
behalf of persons who receive scholar ships unde~ this subtitle;
(7J with respect to such student employment program, iden~ tify--
(~J the employment tasks that students will be as
signed toperforrn;
(B) the compensation that students will be paid to per
forrn such tasks; and
(C,) the training that students will receive as part of
their participatiOn in the program;
(8) identify model curriculum and existing programs designed to ~neet
the educational and professional needs of law enforcerner~t personnel;
and
(9) contain assurances that the State will promote cooperative
agreenzents with educational and law enforcement agencies to enhance
law enforcement personnel recruitment efforts in institutions of higher
education.
SEC. 200208. LOCAL APPLICATI0N.
(a) IN GENERAL.--A person who desires a scholarship or employment under
this subtitle shall submit an application to the State at such time in
such manner, and accompanied by such inform(ztion as the State may
reasonably require.
(b) CONTESTS.--An application under subsection (a) shall describe--
(1) the academic courses for which a scholarship is sought; or
(2) the location and duration of employment that is sought. (c)
PRIORITY.--In awarding scholarships and providing student en~ployment
under this subtitle, each State shall give priority to applications
from persons who are--
(1) members of racial, ethnic, or gender groups whose representation in
the law enforcement agencies within the State is substantially less
than in the population eligible for employment in law enforcement in
the State;
(2) pursuing an undergraduate degree; and
(3) not receiving financial assistance under the Higher Education Act
of 1965.
SEC 200209. SCHOLARSHIP AGREEMENT.
(a) IN GE1VERAL.--A person who receives a scholarship under this
subtitle shall enter into an agreement with the Director.
(b) CoNTENTS.--An agreement described in subsection (a) shall--
(V provide assurances that the scholarship recipient will work with a
law enforcement position in the State that awarded the scholarship in
accordance with the service obligation describe~ in subsection (c)
after completion of the scholarship re

303

cipient's academic courses leading to an associate, bachelor,
orgraduate degree;
(2) provide assurances that the scholarship recipient will repay the
entire scholarship in accordance with such terms and conditions as the
Director shall prescribe if the requirements of the agreement are not
complied with, unless the scholarship recipient--
(A) dies;
(B) becomes physically or emotionally disabled, as es
tablished by the sworn affidavit of a qualified physician; or
(C) has been discharged in bankruptcy; and
(3) set forth the terms and conditions under which thescholarship
recipient may seek employment in the field of law enforcement ~n a
State other than the State that awarded the scholarsh~p.
(c) SERVICE OBLIGATION.--
(1) IN GENERAL.--Except as provided in paragraph (2), a person who
receives a scholarship under this subtitle shall work in a law
enforcement position in the State that awarded the scholarship for a
period of 1 month for each credit hour for which funds are received
under the scholarship
(2) SPECIAL RULE.--For purposes of satisfying the requirement of
paragraph (1), a scholarship recipient shall work in a law enforcement
position in the State that awarded the scholarship for not less than 6
months but shall not be required to work in such a position for more
than 2 years. SEC. 200210. AU~ORIZ~rION OF APPROPRlATIONS. (a) GENERAL
AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be
appropriated from the General Fund of the Treasury to carry out this
subtitle--
(1) $30,000,000 for fiscal year 1996;
(2) $30,000,000 for fiscal year 1997
(3) $30,000,000 for fiscal year 1998
(4) $30,000,000 for fiscal year 1999; and
(5) $30,000,000 for fiscal year 2000.
(b) USES OF FUNDS.--Of the funds appropriated under subsection (a) for
a fiscal year--
(1) 80 percent shall be available to provide scholarships described in
section 200204(a)(1)(A); and
(2) 20 percent shall be available to prouide employment described in
sections 200204(a)(1)(B) and 200204(a)(2).
TITLE XXI--STATE AND LOCAL LAW
ENFORCEMENT
Subtitle A--Byrne Program

SEC 210101. EXTENSION OF BYRNE GRANT FUNDING.
There is authorized to be appropriated for fiscal years 1995
rough 2000 such sums as may be necessary to carry out the pro-
grams under parts D and E of title I of the Omnibus Crime Control
304

and Safe Streets Act of 1968, of which the following amounts may be
appropriated from the Violent Crime Reduction Trust Fund:
(1) $580,000,000 for fiscal year 1995;
(2) $130,000,000 for fiscal year 1996;
(3) $100,000,000 for fiscal year 1997;
(4) $75,000,000 for fiscal year 1998;
(5) $70,000,000 for fiscal year 1999; and
(6) $45,000,000 for fiscal year 2000.

Subtitle B--Law Enforcement Family
Support

SEC. 210201. LAW ENFORCEMENT FAMILY SUPPORT.
(a) IN GENERAL.--Title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 50001(a),
is amended--
(1) by redesignating part W as part X;
(2) by redesignating section 2301 as 2401; and
(3) by inserting after part V the following new part:

"PART W--FAMILY SUPPORT

"SEC. 2301. DUTIES. "The Attorney General shall--
"fl) establish guidelines and oversee the implementation of
family-friendly policies within law enforcement-related offices and
divisions in the Department of Justice;
"(2) study the effects of stress on law enforcement personnel and
family well-being and disseminate the findings of such studies to
Federal, State, and local law enforcement agencies, related
organizations, and other interested parties
"(3) identify and evaluate model programs that prouide support services
to law enforcement personnel and families;
"(4) provide technical assistance and training programs to develop
stress reduction and family support to State and local law enforcement
agencies;
"(5) collect and disseminate information regarding family support,
stress reduction, and psychological services to Federal, State, and
local law enforcement agencies, law enforcement-related organizations,
and other interested entities; and
"(6) determine issues to be researched by the Department of Justice and
by grant recipients.
"SEC. 2302. GENERAL AUTHORIZATION.
"The Attorney General may make grants to States and local law
enforcement agencies and to organizations representing State or local
law enforcement personnel to provide family support services to law
enforcement personnel.
"SEC. 2303. USES OF FUNDS.
(a) IN GENERAL.--A State or local law enforcement agency or
organization that receives a grant under this Act shall use amounts
provided under the grant to establish or improve training and support
programs for law enforcement personnel.

305

(b) REQUIRED ACTIVITIES.--A law enforcement agency or organization that
receives funds under this part shall provide at least one of the
following services:
"(V Counseling for law enforcement family members.
"(2) Child care on a 24-hour basis.
"(3) Marital and adolescent support groups.
"(4) Stress reduction programs.
"(5) Stress education for law enforcement recruits and families.
"(6) Technical assistance and training programs to support any or all
of the services described in paragraphs (1), (2), (3), (4), and (6).
'(c) OPTIONAL ACTIVITIES.--A law enforcement agency or organization
that receives funds under this part may provide the following services:
"(V Post-shooting debriefing for officers and their spouses.
"(2) Group therapy.
"(3) Hypertension clinics.
"(4) Critical incident response on a 24-hour basis.
"(5) Law enforcement family crisis telephone services on a 24-hour
basis.
"(6) Counseling for law enforcement personnel exposed to the human
immunodeficiency virus.
"(7) Counseling for peers.
"(8) Counseling for families of personnel killed in the line of duty.
"(9) Seminars regarding alcohol, drug use, gambling, and overeating.
"(10) Technical assistance and training to support any or all of the
services described in paragraphs (1), (2), (3), (4), (5), (6), (7),
(8), and (9).
"SEC. 2304. APPLlCATIONS.
"A law enforcement agency or organization desiring to receive a grant
under this part shall submit to the Attorney General an application at
such time, in such manner, and containing or accompanied by such
information as the Attorney General may reasonably require. Such
application shall--
"(1) certify that the law enforcement agency shall match all Federal
funds with an equal amount of cash or in-kind goods or services from
other non-Federal sources;
"(2) include a statement from the highest ranking law enforcement
official from the State or locality or from the highest ranking
official from the organization applying for the grant that attests to
the need and intended use of services to be provided with grant funds;
and
"(3) assure that the Attorney General or the Comptroller General of the
United States shall have access to all records related to the receipt
and use of grant funds received under this part.
"SEC. 2305. AWARD OF GRANTS; LIMITATION.
(a) GRANT DISTRIBUTION.--In approving grants under this part, the
Attorney General shall assure an equitable distribution of
306

assistance among the States, among urban and rural areas of the United
States, and among urban and rural areas of a State.
"(b) DURATION.--The Attorney General may award a grant each fiscal
year, not to exceed $100,000 to a State or local law enforc,ment agency
or $250,000 to a law enforcement organization for
period not to exceed 5 years. In any application from a State or loc~
law enforcement agency or organization for a grant to continue
program for the second, third, fourth, or fifth fiscal year followin
the first fiscal year in which a grant was awarded to such agenc the
Attorney General shall review the progress made toward meetin the
objectives of the program. The Attorney General may refuse ro award a
grant if the Attorney General finds sufficient progress has not been
made toward meeting such objectives, but only after affording the
applicant notice and an opportunity for reconsideration.
"(c) LIMITATION.--Not more than 5 percent of grant funds received by a
State or a local law enforcement agency or organization may be used for
administrative purposes.

"SEC.2306. DISCRETIONARY RESEARCH GRANTS.
"The Attorney General may reserve 10 percent of funds to award research
grants to a State or local law enforcement agency or organization to
study issues of importance in the law enforcement field as determined
by the Attorney General.

"SEC.2307. REPORTS.
"A State or local law enforcement agency or organization that receives
a grant under this part shall submit to the Attorney General an annual
report that includes--
"(1) program descriptions;
"(2) the number of staff employed to administer programs;
"(3) the number of individuals who participated in pro
grams; and
"(4) an evaluation of the effectiveness of grant programs.

"SEC.2308. DEFINITIONS.
"For purposes of this part--
"(1) the term 'family-friendly policy' means a policy to pro
mote or improve the morale and well being of law enforcemen~
personnel and their families; and
"(2) the term law enforcement personnel' means individuals
employed by Federal, State, and local law enforcement agen
cies."
(b) TECHNICAL AMENDMENT.--The table of contents of title I ofthe
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.), as amended by section 50001(b), is amended by striking the
matter relating to part V and inserting the following:

"PART W--FAMILY Support

"Sec. 2301. Duties.
"Sec. 2302. General authorization.
"Sec. 2303. Uses of funds.
"Sec. 2304. Applications.
"Sec. 2305. Award of grants; limitation.
"Sec. 2306. Discretionary research grants.
"Sec. 2307. Reports.
"Sec. 2308. Definitions.

                                 307

                  P~RT V--TRANslTIoN-EFFEcrlvE DATE-REPEALs
     ~Sec. 2301. Cont~nua~ion of rules, authorities, and priuileges.".
         (c) AUTHORIZATION OF APPROPRIATIONS.--Section 1001(a) of the
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
     3711 et seq.), as amended by section 50001(c), is amended--
            (1) in paragraph (3) by striking "and V" and inserting "V,
        and W" and
            (2) by adding at the end the following new paragraph:
         '21) There are authorized to be appropriated to carry out part

            "(1) $2,500,000 for fiscal year 1996-
            "(2) $4,000,000 for fiscal year 199i;
            "(3) $5,000,000 for fiscal year 1998;
            "(4) $6,000,000 for fiscal year 1999, and
            "(5) $7,500,000 for fiscal year 2000.".

             Subtitle C--DNA Identification

     SEC. 210301. SIIORT TITLE.
        This subtitle may be cited as the "DNA Identification Act of

     SEC. 210302. FUNDING TO IMPROVE THE QUALITY AND AvAILAsILlrY
              OF DNA ANALYSES FOR LAW ENFORCEMENT IDENTIFICA-
              TION PURPOSES.
        (a) DRUG CONTROL AND SYSTEM IMPROVEMENT GRANT PRO-
     GRAM.--Section 501(b) of title I of the Omnibus Crime Control and
     Safe Streets Act of 1968 (42 U.S.C. 3751(b)) as amended by section
     150003, lS amended--
            (I) by striking "and" at the end of paragraph (23);
e        (2) by striking the period at the end of paragraph (24) and
        ~nserting "; and"; and
            (3) by adding at the end the following new paragraph:
            "(25) developing or improving in a forensic laboratory a ca-
        pability to analyze deoxyribonucleic acid (hereinafter in this
        t~tle referred to as 'DNA') for identification purposes.".
        (b) STATE APPLICATIONS.--Section 503(a) of title I of the Omni-
     bus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3753(a))
      amended by add~ng at the end the following new paragraph:
             (12) If any part of funds received from a grant made
        under this part is to be used to develop or improve a DNA anal-
        ys~s capabllity in a forensic laboratory, a certification that--
                "(A) DNA analyses performed at such laboratory will
            satisfy or exceed then current standards for a quality assur-
            ance program for DNA analysis, issued by the Director of
            the Federal Bureau of Investigation under section 210303
            of the DNA Identification Act of 1994;
                "(B) DNA samples obtained by, and DNA analyses per-
            formed at, such laboratory will be accessible only--
                    a(i) to criminal justice agencies for law enforcement
                identification purposes;
                    "(ii) in judicial proceedings, if otherwise admissi-
                ble pursuant to applicable statutes or rules;
                                  308

"(iii) for criminal defense purposes, to a defendant who shall have
access to samples and analyses performed in connection with the case in
which such defendant is charged; or
"(iu) if personally identifiable information is removed, for a
population statistics database, for identification research and
protocol deuelopment purposes, or for quality control purposes; and
"(C) such laboratory, and each analyst performing DNA analyses at such
laboratory, will undergo, at regular intervals of not to exceed 180
days, external proficiency testing by a DNA proficiency testing program
meeting the standards issued under section 210303 of the DNA Identi-
fication Act of 1394.".
(c) DNA IDENTIFICATION GRANTS.--
(I) IN GENERAL.--Title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by
section 210201(a), is amended-- (A) by redesignating part X as part Y;
(B) by redesignating section 2401 as section 2501; and (C) by inserting
after part W the following new part:

"PART X--DNA IDENTIFICATION GRANTS

"SEC.2401. GRANT AUTHORlZATION.
"The Attorney General may make funds available under this part to
States and units of local government, or combinations thereof, to carry
out all or a substantial part of a program or project intended to
develop or improve the capability to analyze deoxyribonucleic acid
(referred to in this part as 'DNA') in a forensic laboratory.
"SEC.2402. APPLICATIONS.
"To request a grant under this part, the chief executive officer of a
State or unit of local government shall submit an application in such
form as the Attorney General may require.
"SEC.2403. APPLICATION REQUIREMENTS.
"No grant may be made under this part unless an application has been
submitted to the Attorney General in which the applicant certifies
that--
"(1) DNA analyses performed at the laboratory will satisfy or exceed
then current standards for a quality assurance program for DNA analysis
issued by the Director of the Federal Bureau of Investigation under
section 210303 of the DNA Identification Act of 1994. "(2) DNA samples
obtained by and DNA analyses per
formed at the laboratory shall be made available only--
"(A) to criminal justice agencies for law enforcementidentification
purposes;
"(B) in judicial proceedings, if otherwise admissible pursuant to
applicable statutes or rules;
"(C) for criminal defense purposes, to a defendant, who shall have
access to samples and analyses performed in

309

connection with the case in which the defendant is charged;
or
"(D) if personally identifiable information is removed,
for a population statistics database, for identification re-
search and protocol development purposes, or for quality
control purposes, and
"(3) the laboratory and each analyst performing DNA analyses at the
laboratory shall undergo, at regular intervals not exceeding 180 days,
external proficiency testing by a DNA profic~ency testing program that
meets the standards issued under section 210303 of the DNA
Identification Act of 1994.

"SEG 2404. ADUINISTRATIVE PROVISIONS.
"(a) REGULATION AUTHORITY.--The Attorney General may promulgate
guidelines, regulations, and procedures, as necessary to carry out the
purposes of this part, including limitations on the number of awards
made during each fiscal year, the submission and review of
applications, selection criteria, and the extension or continuation of
awards.
"(b) AWARD AUTHORITY.--The Attorney General shall have final authority
over all funds awarded under this part.
'(c) TECHNICAL ASSISTANCE.--To assist and measure the effectiveness and
performance of programs and activities funded under this part, the
Attorney General may provide technical assistance as requ~red.

"SEC.2405. RESTRICTIONS ON USE OF FUNDS.
'(a) EEDERAL SHARE.--The Federal share of a grant, contract, or
cooperative agreement made under this part may not exceed 75 percent of
the total costs of the project described in the application submitted
for the fiscal year for which the project receives assistance.
'(b) ADMINISTRATIVE COSTS.--A State or unit of local government may not
use more than 10 percent of the funds it receives from this part for
administrative expenses.

"SEC.2406 REPORTS.
(a) REPORTS TO ATTORNEY GENERAL.--Each State or unit of local
government which receives a grant under this part shall submit to the
Attorney General, for each year in which funds from a grant received
under this part is expended, a report at such time and in such manner
as the Attorney General may reasonably require which contains--
"(1) a summary of the activities carried out under the grant
and an assessment of whether such activities are meeting the
needs identified in the application submitted under section
2402; and
"(2) such other information as the Attorney General may re-
quire.
(b) REPORTS TO CONGRESS.--Not later than 90 days after the end of each
fiscal year for which grants are made under this part, the Attorney
General shall submit to the Speaker of the House of Representatives and
the President pro tempore of the Senate, a report that includes--
310

"(1) the aggregate amount of grants made under this part to each State
or unit of local government for such fiscal year; and
"(2) a summary of the information provided in compliance with
subsection (a)(1).

"SEC. 2407. EXPENDITURE RECORDS.

"(a) RECORDS.--Each State or unit of local government which receives a
grant under this part shall keep records as the Attorney General may
require to facilitate an effective audit.
"(b) ACCESS.--The Attorney General, the Comptroller General, or their
designated agents shall have access, for the purpose of audit and
examination, to any books, documents, and records of States and units
of local government which receive grants made under this part if, in
the opinion of the Attorney General, the Comptroller General, or their
designated agents, such books, documents, and records are related to
the receipt or use of any such grant.".
(2) TABLE OF cONTENTS.--The table of contents of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as
amended by section 210201(b), is amended by striking the matter
relating to part X and inserting the followin~:

"PART X--DNA IDENTIrIcATIoN GRANTS

"Sec.2401. Grant authorzzation. "Sec.2402. Applications. "Sec.2403.
Application requirements. Sec. 2404. Administrative provisions. sec.
2405. Restrictions on use of funds. "&c.2406. Reports. "Sec. 2407.
Expenditure records.

~PART Y--DATE REPEALER

"&c.2501. Continuation of rules, authorities, and proceedings.".

(3) AUTHORIZATION OF APPROPRIATIONS.--Section 1001 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42
U.S.C. 3793), as amended by section 210201(c), is amended--
(A) in paragraph (3) by striking "and W" and inserting "W, and X", and
(B) adding at the end the, following new paragraph~:
"(22) There are authorized to be appropriated to carry out part X--
"(1) $1,000,000 for fiscal year 1996;
"(2) $3,000,000 for fiscal year 1997;
"(3) $5,000,000 for fiscal year 1998;
"(4) $13,500,000 for fiscal year 1999; and
"(5) $17,500,000 for fiscal year 2000.".
(4) EFFECTIVE DATE.--The amendments made by this sec-
tion shall take effect on the date that is 60 days after the date
of enactment of this Act.

SEC.210303. QUALITY ASSURANCE STANDARDS.

(a) PUBLICATION OF QUALITY ASSURANCE AND PROFICIENCY TESTING
STANDARDS.~1)(A) Not later than 180 days after the date of enactment of
this Act, the Director of the Federal Bureau of Investigation shall
appoint an advisory board on DNA quality assurance

311

methods from among nominations proposed by the head of the Nattonal
Academy of Sciences and professional societies of crime laboratory
officials.
(B) The aduisory board shall include as members scientists from State,
local, and private forensic laboratories, molecular genetLcists and
populat~on geneticists not affiliated with a forensic laboratory, and a
representative from the National Institute of Standards and Technology.
(C) The advisory board shall develop, and if appropriate, periodically
revise, recommended standards for quality assurance, including
standards for testing the proficiency of forensic laboratories and
forens~c analysts, in cond ucting analyses of DNA
(2) The Director of the Federal Bureau of Investigation, after tak~ng
tnto consideration such recommended standards, shall issue (and revise
from time to time) standards for quality assurance, including standards
for testing the proficiency of forensic laboratories, and forenszc
analysts, ~n conducting analyses of DNA.
f3) The standards described in paragraphs (1) and (2) shall ~;n jfy
criteria for quality assurance and proficiency tests to be apa t o the
various types of DNA analyses used by forensic labora' )f-'"5. The
standards shall also include a system for grading protu v~ lCy testing
performance to determine whether a laboratory is pe-,~ rming
acceptably.
~4) Until such time as the ad visory board has made recommendations to
the Director of the Federal Bureau of Investigation and the Dzrector
has acted upon those recommendations, the quality assurance guidelines
adopted by the technical working group on DNA analys~s methods shall be
deemed the Director's standards for purposes of this section.
(b) ADMINISTRATION OF THE ADVISORY BOARD.--fl) For admin~strat~ve
purposes, the advisory board appointed under subsection (a) shall be
cons~dered an advisory board to the Director of the Federal Bureau of
Investigation.
(2) Section 14 of the Federal Advisory Committee Act (5 U.S.C ~pp.)
shall not apply with respect to the advisory board appointed under
subsection (a)
(3) The DNA ad visory board established under this section ihaU be
separate and distinct from any other advisory board administered by the
FBI, and is to be administered separately.
(4) The board shall cease to exist on the date years after the initial
appointments are made to the board, unless the existence of he board is
extended by the Director of the Federal Bureau of InvesFatcon.
(C) PROFICIENCY TESTING PROGRAM.~1) Not later than 1 year fter the
effective date of this Act, the Director of the National Instite of
Justice shall certify to the Committees on the Judiciary of he House
and Senate that--

(A) the Institute has entered into a contract with, or made
a ~rn n t t ,. ..

a grant to, an appropriate entity fo; establishing, or has taken other
appropriate action to ensure that there is established, not later than
2 years after the date of enactment of this Act, a blind external
proficiency testing program for DNA analyses, which shall be available
to public and private laboratories performing forensic DNA analyses;
312

(B) a blind external proficiency testing program for DNA analyses is
already readily available to public and private laboratories performing
forensic DNA analyses; or
(C) it is not feasible to have blind external testing for DNA forensic
analyses.
(2) As used in this subsection, the term "blind external proficiency
test" means a test that is presented to a forensic laboratory through a
second agency and appears to the analysts to involve routine evidence.
(3) Notwithstanding any other provision of law, the Attorney General
shall make available to the Director of the National Institute of
Justice during the first fiscal year in which funds are distributed
under this subtitle up to $250,000 from the funds available under part
X of Title I of the Omnibus Crime Control and Safe Streets Act of 1968
to carry out this subsection.

SEC.210304. INDEX TO FACILITATE LAW ENFORCEMENT EXCHANGE OF DNA
IDENTIFICATION INFORUATION.
(a) ESTABLISHMENT OF INDEX--The Director of the Federal Bureau of
Investigation may establish an index of--
(1) DNA identification records of persons convicted of crimes;
(2) analyses of DNA samples recovered from crime scenes; and
(3) analyses of DNA samples recovered from unidentified human remains.
(b) INFORMATION.--The index described in subsection (a) shall include
only information on DNA identification records and DNA analyses that
are--
(1) based on analyses performed by or on behalf of a criminal justice
agency in accordance with publicly available standards that satisfy or
exceed the guidelines for a quality assurance program for DNA analysis,
issued by the Director of the Federal Bureau of Investigation under
section 210303;
(2) prepared by laboratories, and DNA analysts, that undergo, at
regular intervals of not to exceed 180 days, external proficiency
testing by a DNA proficiency testing program meeting the standards
issued under section 210303; and
(3) maintained by Federal, State, and local criminal justice agencies
pursuant to rules that allow disclosure of stored DNA samples and DNA
analyses only--
(A) to criminal justice agencies for law enforcement
identification purposes;
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(B) in judicial proceedings, if otherwise ad,nissible pur
suant to applicable statutes or rules;
(C) for criminal defense purposes, to a defendant, who
shall have access to samples and analyses performed in
connection with the case in which such defendant is
charged; or
(D) if personally identifiable information is removed,
for a population statistics database, for identification re
search and protocol development purposes, or for qualitY
control purposes.

313

(c) FAILURE To COUPLY.--Access to the index established bythis section
is subject to cancellation if the quality control and privacy
requirernents described in subsection (b) are not met.
SEC 210305. FEDERAL BUREAU OF INVESTIGATION. (a) PROFICIENCY TESTING
REQUIREMEMENTs.--
(1) GENERALLY.(A) Personnel at the Federal Bureau of Investigation who
perform DNA analyses shall undergo, at regular intervals of not to
exceed 180 days, external proficiency testing by a DNA proficiency
testing program meeting the standards issued under section 210303.
(B) Within 1 year after the date of enactment of this Act, the Director
of the Federal Bureau of Investigation shall arrange for periodic blind
external tests to determine the proficiency of DNA analysis performed
at the Federal Bureau of Investigation laboratory.
(C) In this paragraph, "blind external test" means a test ~hat is
presented to the laboratory through a second agency and zppears to the
analysts to involve routine evidence.
(2) REPORT.--For 5 years after the date of enactment of this
. the Director of the Federal Bureau of Investigation shall
~nit to the Committees on the Judiciary of the House and
te an annual report on the results of each of the tests dei. r bed in
paragraph (1).
RIVACY PROTECTION STANDARDS.--
(1) GENERALLY.--Except as provided in paragraph (2), the
I ts of DNA tests performed for a Federal law enforcement Ggency for
law enforcement purposes may be disclosed only--
(A) to criminal justice agencies for law enforcement
identification purposes;
(B) in judicial proceedings, if otherwise admissible pur
suant to applicable statues or rules; an1d
(C) for criminal defense purposes, to a defendant, who
shall have access to samples and analyses performed in
connection with the case in which such defendant is
chorged.
(2) EXCEPTION.--If personally identifiable information is removed, test
results may be disclosed for a population statistics database, for
identification research and protocol development purposes, or for
quality control purposes.
(C) CRIMINAL PENALTY. (1) A person who--
(A) by virtue of employment or official position, has possession of, or
access to, individually identifiable DNA information indexed in a
database created or maintained by any Federal law enforcement agency;
and
(B) knowingly discloses such information in any manner to any person or
agency not authorized to receive it,
shall be fined not more than $100,000.
D (2) A person who, without authorization, knowingly obtains ~A samples
or individually identifiable DNA information indexed 'n a database
created or maintained by any Federal law enforcent agency shall be
fined not more than $100,000.
314

SEC. 210306. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Federal Bureau of
Investigation to carry out sections 210303, 210304, and 210305-- (1)
$5,500,000 for fiscal year 1996; (2) $8,000,000 for fiscal year 1997;
(3) $8,000,000 for fiscal year 1998; (4) $2,500,000 for fiscal year
1959; and (5) $1,000,000 for fiscal year 2000.

Subtitle D--Police Pattern or Practice

SEC. 210401. CAUSE OF ACTION.
(a) UNLAWFUL CONDUCT.--It shall be unlawful for any governmental
authority, or any agent thereof, or any person acting on behalf of a
governmental authority, to engage in a pattern or practice of conduct
by law enforcement officers or by officials or employees of any
governmental agency with responsibility for the administration of
juvenile justice or the incarceration of Juvenlles that deprives
persons of rights, privileges, or immunities secured or protected by
the Constitution or laws of the United States.
(b) CIVIL ACTION BY ATTORNEY GENERAL.--Whenever the Attorney General
has reasonable cause to believe that a violation of paragraph (1) has
occurred, the Attorney General, for or in the name of the United
States, may in a civil action obtain appropriate equitable and
declaratory relief to eliminate the pattern or practice.

SEC. 210402. DATA ON USE OF EXCESSIVE FORCE.
(a) ATTORNEY GENERAL To COLLECT.--The Attorney General shall, through
appropriate means, acquire data about the use of excessive force by law
enforcement officers.
(b) LIMITATION ON USE OF DATA.--Data acquired under this section shall
be used only for research or statistical purposes and may not contain
any information that may reveal the identity of the victim or any law
enforcement officer.
(c) ANNUAL SUMMARY.--The Attorney General shall publish an annual
summary of the data acquired under this section.

Subtitle E--Improved Training and
Technical Automation

SEC. 210501. IMPROVED TRAINING AND TECHNICAL AUTOMATION.

(1) IN GENERAL.--The Attorney General shall, subject to the
availability of appropriations, make grants to State, Indian
tribal, and local criminal justice agencies and to nonprofit or
ganizations for the purposes of improving criminal justice agen
cy efficiency through computerized automation and techno
logical improvementS-       ~      . .. ..    .
(2) TYPES OF P OGRAMS.--Grants under this section may
include programs to--
(A) increase use of mobile digital terminals;
(B) improve communications systems, such as com
puter-aided dispatch and incident reporting systems;

315

(C) accomplish paper-flow reduction;
(D) establish or improve ballistics identification programs;
(E) increase the application of automated fingerprint identification
systems and their communications on an interstate and intrastate basis;
and
(F) improve computerized collection of criminal records.
(3) FUNDING.--No funds under this subtitle may be used to implement any
cryptographic or digital telephony programs.
(b) TRAINING AND INVESTIGATIVE ASSISTANCE.--
(I) IN GENERAL.--The Attorney General shall, subject to the
availab~lity of appropriations--
(A) expand and improve investigative and managerial training courses
for State, Indian tribal, and local law enforcement agencies; and
(B) develop and implement, on a pilot basis with no more than 10
participating cities, an intelligent information system that gathers,
integrates, organizes, and analyzes information in actiue support of
investigations by Federal, State, and local law enforcement agencies of
violent ser~al crimes.
(2) IMPROVEMENT OF FACILITIES.--The improvement descr~bed ~n subsection
(a) shall include improvements of the training facilities of the
Federal Bureau of Investigation Academy at Quantico, Virginia.
(3) INTELLIGENT INFORMATION SYSTEM.--The intelligent informat~on system
described in paragraph (1)(B) shall be developed and implemented by the
Federal Bureau of Investigation and shall utilize the resources of the
Vi.,lent Criminal Apprehension Program.
(c) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be
appropriated--
(1) to carry out subsection (a)--
(A) $10,000,000 for fiscal year 1996
(B) $20,000,000 for fiscal year 199i
(C) $23,000,000 for fiscal year 1998
(D) $23,000,000 for fiscal year 1999, and
(E) $24,000,000 for fiscal year 2000. (2) to carry out subsection
(b)(1)--
(A) $4,000,000 for fiscal year 1996;
(B) $2,000,000 for fiscal year 1997
(C) $3,000,000 for fiscal year 1998;
(D) $5,000,000 for fiscal year 1999; and
(E) $6,000,000 for fiscal year 2000; and
(3) to carry out subsection

(b)(2)-$10,000,000 for fiscal year 1996. (d) DEFINITIONS.--In this
section--
"Indian tribe" means a tribe, band, pueblo, nation, or other organized
group or community of Indians, including an Alaska Native village (as
defined in or established under the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.), that cs recogrtized as eligible for the
special programs and servtces pro-
316

vided by the United States to Indians because of their status as
Indians.
"State" means a State, the District of Columbia, the Com
monwealth of Puerto Rico, the Commonwealth of the NorthernMariana
Islands, American Samoa, Guam, and the United States Virgin Islands.

Subtitle F--Other State and Local Aid

SEC. 210601. REAuTHORlzATION OF OFFICE OF JuSTICE PROGRAMS.
Section 1001(a) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3793(a)) is amended--
(1) in paragraph (1) by striking "1993 and 1994" and inserting "1994
and 1995";
(2) in paragraph (2) by striking "1993 and 1994" and inserting "1994
and 1995";
(3) in paragraph (3) by striking "1993 and 1994" and inserting "1994
and 1995";
(4) in paragraph (5) by striking "1993 and 1994" and inserting "1994
and 1995";
(5) in paragraph (6) by inserting "and 1995" after "1994";
(o in paragraph (7) by striking "1991, 1992, 1993, and
1994," and inserting "1994 and 1995";
(o in paragraph (8) by inserting "and 1996" after "1994";
and
(8) in paragraph (9) by inserting "and 1995" after "19.~4".

SEC. 210602. FEDERAL ASSISTANCE TO EAsE THE INCREASED BUR
DENS ON STATE COURT SYSTEMS RESULTING FROM ENACTMENT OF THIS ACT.
(a) I~ GENERAL.--The Attorney General shall, subject to the
availabili~y of appropriation, make grants for States and units of
local government to pay the costs of providing increased resources for
courts, prosecutors, public defenders, and other criminal justice
participa~ts as necessary to meet the increased demands for judicial
activities resulting from the provisions of this Act and amendments
made by this Act.
(b) APPLICATIONS.--In carrying out this section, the Attorney General
May make grants to, or enter into contracts with public or private
agencies, institutions, or organizations or individuals to carry out
any purpose specified in this section. The Attorney General shall have
final authority over all funds awarded under this section.
(c) RECORDS.--Each recipient that receives a grant under this section
sh211 keep such records as the Attorney General may require to
facilitate an effective audit.
(d) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be
appr~priated to carry out this section-- (V)
(1) $23,000,000 for fiscal year 1996;
(2) $30,000,000 for fiscal year 1997;
(3) $30,000,000 for fiscal year 1998;
(4) $32,000,000 for fiscal year 1999; and
(5) $35,000,000 for fiscal year 2000,
to remain available for obligation until expended.

317

SEC. 210603. AVAILABILITY OF VIOLENT CRIME REDUCTION TRUST FUND TO FUND
ACTlVlTIES AUTHORIZED BY THE BRADY HANDGUN VIOLENCE PREVENTION ACT AND
THE NATIONAL CHILD PROTECTION ACT OF 1993.
(a) APPRoPRLATloNs.~f the amounts authorized in Sections 103(k) and
106(b)(2) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922
note) and in section 4(b) of the National Child Protection Act of 1993
(42 U.S.C. 5119b(b)), a total of $100,000,000 for fiscal year 1995,
$25,000,000 for fiscal year lg9fi and $25,000,000 for fiscal year 1997
may be appropriated from the Violent Crime Reduction Trust Fund
established by this Act.
(b) TECHNICAL AMENDMENT.--Sections 103(k) and 106(b) of the Brady
Handgun Violence Prevention Act (18 U.S.C. 922 note) are each amended
by striking " which may be appropriated from the Violent Crime
Reduction Trust Fund,".

TITLE XXII--MOTOR VEHICLE THEFT
PREVENTION

SEC.220001. SHORT TITLE.
This title may be cited as the "Motor Vehicle Theft Prevention

SEC 220002. MOTOR VEHICLE THEFT PREVENTION PROGRAM.
(a) IN GENERAL.--Not later than 180 days after the date of enactment of
this section, the Attorney General shall deuelop, in cooperatzon with
the States, a national voluntary motor vehicle theft prevention program
(in this section referred to as the "program") under which--
(1) the owner of a motor vehicle may voluntarily sign a consent form
with a participating State or locality in which the motor veh~cle
owner--
(A) states that the vehicle is not normally operated
under certain specified conditions; and (B) agrees to--
(i) display program decals or devices on the owners vehicle; and
(ii) permit law enforcement officials in any State to stop the motor
vehicle and take reasonable steps to determine whether the vehicle is
being operated by or with the permission of the owner, if the vehicle
is being operated under the specified conditions; and
(2) participating States and localities authorize law enforcement
officials in the State or locality to stop motor vehicles d~splaying
program decals or devices under specified conditions and take
reasonable steps to determine whether the vehicle is be~ng operated by
or with the permission of the owner.
(b) UNIFORM DECAL OR DEVICE DESIGNS.--
(1) IN GENERA~,.--The motor vehicle theft prevention program developed
pursuant to this section shall include a uniform design or designs for
decals or other devices to be displayed by motor vehicles participating
in the program.
(2) TYPE OF DESIGN.--The uniform design shall-- (A) be highly visible;
and
318

(B) explicitly state that the motor vehicle to which it is
affixed may be stopped under the specified conditions without
additional grounds for establishing a reasonable suspicion that the
vehicle is being operated unlawfully. (c) VOLUNTARY CONSENT FORM.--The
uoluntary consent form used to enroll in the program shall--
(1) clearly state that participation in the program is uoluntary;
(2) clearly explain that participation in the program means that, if
the participating uehicle is being operated under the specified
conditions, law enforcement officials may stop the uehicle and take
reasonable steps to determine whether it is being operated by or with
the consent of the owner, euen if the law enforcement officials have no
other basis for belieuing that the uehicle is being operated
unlawfully;
(3) include an express statement that the uehicle is not normally
operated under the specified conditions and that the operation of the
uehicle under those conditions would prouide sufficient grounds for a
prudent law enforcement officer to reasonably belieue that the uehicle
was not being operated by or with the consent of the owner; and
(4) include any additional information that the Attorney General may
reasonably require.
(d) SPECIFIED CONDITIONS UNDER WHICH STOPS MAY BE AuTHORIZED.--
(1) IN GENERAL.--The Attorney General shall promulgate rules
establishing the cond itions under which participating motor uehicles
may be authorized to be stopped under this section. These conditions
may not be based on race, creed, color, national origin, gender, or
age. These conditions may include--
(A) the operation of the uehicle during certain hours of
the day; or
(B) the operation of the uehicle under other cir
cumstances that would prouide a sufficient basis for establishing a
reasonable suspicion that the uehicle was not being operated by the
owner, or with the consent of the owner.
(2) MORE THAN ONE SET OF CONDITIONS.--The Attorney General may
establish more than one set of conditions under which participating
motor uehicles may be stopped. If more than one set of conditions is
established, a separate consent form and a separate design for program
decals or deuices shall be established for each set of conditions. The
Attorney General may choose to satisfy the requirement of a separate
design for program decals or deuices under this paragraph by the use of
a design color that is clearly distinguishable from other design
colors.
(3) No NEW CONDITIONS WITHOUT CONSENT.--After the program has begun,
the conditions under which a uehicle may be stopped if affixed with a
certain decal or deuice design may not be expanded without the consent
of the owner.
(4) LIMITED PARTICIPATION BY STATES AND LOCALITIES.--A State or
locality need not authorize the stopping of motor uehi

319

cles under aU sets of conditions specified under the program inorder to
participate in the program.
(e) MOTOR VEHICLES FOR HIRE.--
(1) NOTIFICATION TO LESSEES.--Any person who is in the business of
renting or leasing motor uehicles and who rents or leases a motor
vehicle on which a program decal or deuice is aff~xed shall, prior to
transferring possession of the vehicle, notify the person to whom the
motor vehicle is rented or leased about the program.
(2) TYPE OF NOTICE.--The notice required by this subsection shall--
(A) be in writing;
(B) be in a prominent format to be determined by the
Attorney General; and
(C) explain the possibility that if the motor vehicle is
operated under the specified conditions, the vehicle may be stopped by
law enforcement offlcials even if the officials have no other basis for
believing that the vehicle is being operated unlawfully.
(3) FINE FOR FAlLuRE TO PROVIDE NOTICE.--Failure to provide proper
notice under this subsection shall be punishable by a fine not to
exceed $5,000.
(f) NOTIFICATION OF POLICE.--As a condition of participating in the
program, a State or locality must agree to take reasonable steps to
ensure that law enforcement officials throughout the State or locality
are familiar with the program, and with the conditions under which
motor vehicles may be stopped under the pro~ram.
(g) REGULATIONS.--The Attorney General shalr promulgate regulations to
implement this section.
(h) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to carry out
this section.
(1) $1,500,000 for fiscal year 1996;
(2) $1,700,000 for fiscal year 1997, and
(3) $1,800,000 for fiscal year 1998.
SEC. 220003. ALTERING OR REMOVING MOTOR VEHICLE IDENTIFICATION NUMBERS.
(a) BASIC OFFENSE.--Subsection (a) of section 511 of title 18, United
States Code, is amended to read as foUows:
"(a) A person who--
"(1) knowingly removes, obliterates, tampers with, or alters an
identification number for a motor vehicle or motor vehicle part; or
"(2) with intent to further the theft of a motor vehicle, knowingly
removes, obliterates, tampers with, or alters a decal or device affixed
to a motor vehicle pursuant to the Motor Vehicle Theft Prevention Act,
shall be fined under this title, imprisoned not more than 5 years,

(b) EXCEPTED PERSONS.--Paragraph (2) of section 511(b) of title 18,
United States Code, is amended--
(1) by striking "and" after the semicolon in subparagraph

(2) by striking the period at the end of subparagraph (C) and inserting
" and"; and

320

(3) by adding at the end the following new subparagraph:
"(D) a person who remoues, obliterates, tampers with,
or alters a decal or deuice affixed to a motor uehicle pursu-
ant to the Motor Vehicle Theft Preuention Act, if that per-
son is the owner of the motor uehicle, or is authorized to re-
moue, obliterate, tamper with or alter the decal or device

by

"(i) the owner or his authorized agent;
"(ii) applicable State or local law; or
"(iii) regulations promulgated by the Attorney General to implement the
Motor Vehicle Theft Preuention Act."
(c) DEFINITION.--Section 511 of title 18, United States Code, is
amended by adding at the end thereof the following:
"(d) For purposes of subsection (a) of this section, the term 'tampers
with' includes couering a program decal or deuice affixed to a motor
uehicle pursuant to the Motor Vehicle Theft Preuention Act for the
purpose of obstructing its uisibility.".
(d) UNAUTHORIZED APPLICATION OF A DECAL OR DEVICE.--
(1) IN GENERAL.--Chapter 25 of title 18, United States
Code, is amended by adding after section 511 the following new
section:

"511A. Unauthorized appaication of the prevention decal or device

"(a) Whoever affixes to a motor vehicle a theft preuention decal or
other deuice, or a replica thereof, unless authorized to do so pursuant
to the Motor Vehicle Theft Preuention Act, shall be punished by a fine
not to exceed $1,000.
"(b) For purposes of this section, the term 'theft prevention decal or
deuice' means a decal or other device designed in accordance with a
uniform design for such devices developed pursuant to the Motor Vehicle
Theft Prevention Act.".
(2) TECHNICAL AMENDMENT.--The chapter analysis for
chapter 25 of title 18, United States Code, is amended by add
ing after the item relating to section 511 the following new item:"51
IA. Unauthorized allocation of the prevention decal or delegee."

TITLE XXIII--VICTIMS OF CRIME
Subtitle A--Victims of Crime

SEC. 230101. VICTIM'S ~GHT OF ALLOCUTION IN SENTENCING.
(a) MoDlFlcArloN OF PROPOSED AMENDMENTS.--The proposed amendments to
the Federal Rules of Criminal Procedure which are embraced by an order
entered by the Supreme Court of the United States on April 29, 1994,
shall take effect on December 1, 1994, as otherwise provided by law,
but with the following amendments:
(b) IN GENERAL.--Rule 32 of the Federal Rules of Criminal Procedure is
amended by--
(1) striking "and" following the semicolon in subdivision
(c)(3)(C):

321

(2) striking the period at the end of subdivision (c)(3)(D) and
inserting "; and";
(3) inserting after subdivision (c)(3)(D) the following:
"(E) if sentence is to be imposed for a crime of violence
or sexual abuse, address the victim personally if the victim
is present at the sentencing hearing and determine if the
victim wishes to make a statement or present any informa
tion in relation to the sentence.";
(4) in subd ivision (c)(3)(D), striking "equivalent opportunity" and
inserting in lieu thereof "opportunity equivalent to that of the
defendant's counsel";
(5) in the last sentence of subdivision (c)(4), striking "and (D)" and
inserting "(D), and (E)";
(6) in the last sentence of subdivision (c)(4), inserting "the victim,"
before "or the attorney for the Government."; and
(7) adding at the end the following: "(f) DEFINITIONS.--For purposes of
this rule--
"(1) 'victim' means any individual against whom an offense has been
committed for which a sentence is to be imposed, but the right of
allocution under subdivision (c)(3)(E) may be exercised instead by--
"(A) a parent or legal guardian if the victim is below
the age of eighteen years or incompetent; or
"(B) one or more family members or relatives des
ignated by the court if the victim is deceased or incapaci
tated;if such person or persons are present at the sentencing hearing,
regardless of whether the victim is present; and
"(2) 'crime of violence or sexual abuse' means a crime that involved
the use or attempted or threatened use of physical force aga~nst the
person or property of another, or a crime under chapter 109A of title
18, United States Code.".
(c) EFFECTIVE DATE.--The amendments made by subsection (b) shall become
effective on December 1, 1994.
SEC a30102. SENSE OF THE SENATE CONCERNING THE RIGHT OF A VICTIM ~F A
VIOLENT CRIME OR SEXUAL ABUSE TO SPEAK AT AN OFFENDER'S SENTENCING
HEARING AND ANY PAROLE HEARING.
It is the sense of the Senate that--
(1) the law of a State should provide for a victim's right of
allocution at a sentencing hearing and at any parole hearing if the
offender has been convicted of a crime of violence or sexual abuse;
(2) such a victim should have an opportunity equivalent to the
opportunity accorded to the offender to address the sentencing court or
parole board and to present information in relation to the sentence
imposed or to the early release of the offender; and
(3) if the victim is not able to or chooses not to testify at a
sentencing hearing or parole hearing, the victim's parents, legal
guardian, or family members should have the right to address the court
or board.
322

Subtitle B--Crime Victims' Fund

SEC. 230201. ALLOCATION OF FUNDS FOR COSTS AND GRANTS.
(a) GENERALLY--Section 1402(d) of the Victims of Crime Act of 1984 (42
U.s.C. 10601(d)) is amended by--
(1) striking paragraph (2) and inserting the following:
"(2) the next $10,000,000 deposited in the Fund shall ~
available forgrants under section 1404A.";
(2) striking paragraph (3) and inserting the following:
"(3) Of the remaining amount deposited in the Fund in a
particular fiscal year--
"(A) 48.5 percent shall be available for grants under
section 1403
"(B) 48.5 percent shall be available for grants under
section 1404(a); and
''(C) 3 percent shall be available for grants under sec
tion 1404(c).";
(3) striking paragraph (4) and inserting the following:
"(4) The Director may retain any portion of the Fund that
was deposited during a fiscal year that is in excess of 110 per-
cent of the total amount deposited in the Fund during the pre-
ceding fiscal year as a reserve for use in a year in which the
Fund falls below the amount available in the previous year.
Such reserue may not exceed $20,000,000."; and
(4) striking paragraph (5).
(b) CONFORMING CROSS REFERENCE.--Section 1402(g)(1) of the Victims of
Crime Act of 1984 (42 U.s.C. 10601(g)(1)) is amended by striking
"(d)(2)(D)" and inserting "(d)(2)".

SEC. 230202. RELATIONSHIP OF CRIME VICTIM COMPENSATION TO CERTAIN
FEDERAL PROGRAMS.
Section 1403 of the Victims of Crime Act of 1984 (42 U.S.C. 10602) is
amended by adding at the end the following new subsection:
"(e) Notwithstanding any other law, zf the compensatZon pazd by an
eligible crime victim compensation program would couer costs that a
Federal program, or a federally financed State or local program, would
otherwise pay,--
"(1) such crime victim compensation program shall not pay
that compensation; and
"(2) the other program shall make its payments without re
gard to the existence of the crime victim compensation program. ".

SEC. 230203. ADMINISTRATIVE COSTS FOR CRIME VICTIM CO.UPENSA
TION.
(a) CREATION OF EXCEPTION.--The final sentence of section 1403(a)(1) of
the Victims of Crime Act of 1984 (42 U.s.C. 10602(a)(1)) is amended by
striking "A grant" and inserting "Except as provided in paragraph (3),
a grant".
(b) REQUIREMENTS OF EXCEPTION.--Section 1403(a) of the Victims of Crime
Act of 1984 (42 U.S.C. 10602(a)) is amended by adding at the end the
following new paragraph:

323

"(3) Not more than 5 percent of a grant made under this section may be
used for the administration of the State crime victim compensation
program receiving the grant.".

SEC. 230204. GRANTS FOR DEMONSTRATION PROJECTS.


SEC. 230205. ADMINISTRATIVE COSTS FOR CRIME VICTIMASSISTANCE (a)
CREATION OF EXCEPTION.--Section 1404(b)(2) of the Victims of Crzme Act
of 1984 (42 U.S.C. 10603(b)(2)) is amended by striking n elzgzble and
insertlng "Except as provided in paragraph (3), an

(b) REQUIREMENTS OF EXCEPTION.--Section 1404(b) of the Victzms of Crzme
Act of 1984 (42 U.S.C. 10603(b)) is amended by adding at the end the
following new subsection:
(3) Not more than 5 percent of sums received under subsection ~a! may
be used for the administration of the State crime victim asszstance
program receiving such sums.".

SBC. 230206. MAINTENANCE OP EFFORT.
Section 1407 of the Victims of Crime Act of 1984 (42 U.S C 10604) zs
amended by adding at the end the following new sub

"(h) Each entity receiving sums made available under this Act for
admmzstratzve purposes shall certify that such sums will not be used to
supplant State or local funds, but will be used to increase the amount
of such funds that would, in the absence of Federal funds, be made
available for these purposes."

SEC. 230207. C~ANGE OF DUE DATE FOR REQUIRED REPORT.
Section 1407(g) of the Victims of Crime Act of 1984 (42 U.s.C.
10604(g)) zs amended by striking "and on December 31 every two yearo
thereafter', and inserting "and on June 30 every two years

SEC. 230208. AA~ENDMENT OF THE VICTIMS OF CRIME ACT.

Section 1404(a)(5)(B) of the Victims of Crime Act of 1984 (42 .S.C.
10603(a)(5)(B)) is amended to read as follows:
(B) $200,000 thereafter.".

TITLE XXIV--PROTECTIONS FOR THE ELDERLY

SEC 240001. MISSING ALZHEIMER'S DISEASE PATIENT ALERT PROGRAM

(a) GRANT.--The Attorney General shall, subject to the availz zty of
approprzatzons, award a grant to an eligible organization asszst the
organization in paying for the costs of planning, de
szgningJ establishing, and operating a Missing Alzheimer's
Diseaseatzent Alert Program, which shall be a locally based, proactive
program to protect and locate missing patients with Alzheimer's disse
and related dementias.
(b) APPLICATION.--To be eligible to receive a grant under sub
sectzon (a), an organization shall submit an application to the Attor-
324

ney General at such time, in such manner, and containing such in-
formation as the Attorney General may require, including, at a minimum,
an assurance that the organization will obtain and use assistance from
private nonprofit organizations to support the program.
(c) ELIGIBLE ORGANIZATION.--The Attorney General shall award the grant
described in subsection (a) to a national voluntary organization that
has a direct link to patients, and families of patients, with
Alzheimer's disease and related dementias.
(d) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be
appropriated to carry out this section--
(1) $1,000,000 for fiscal year 1996;
(2) $1,000,000 for fiscal year 1997, and
(3) $1,000,000 for fiscal year 1998.

SEC.240002. CRIMES AGAINST THE ELDERLY.
(a) IN GENERAL.--Pursuant to its authority under the Sentencing Reform
Act of 1984 and section 21 of the Sentencing Act of 1987 (including its
authority to amend the sentencing guidelines and policy statements) and
its authority to make such amendments on an emergency basis, the United
States Sentencing Commission shall ensure that the applicable guideline
range for a defendant convicted of a crime of violence against an
elderly victim is sufficiently stringent to deter such a crime, to
protect the public from additional crimes of such a defendant, and to
adequately reflect the heinous nature of such an offense.
(b) CRITERIA.--In carrying out subsection (a), the United States
Sentencing Commission shall ensure that--
(1) the guidelines provide for increasingly severe punish
ment for a defendant commensurate with the degree of physicalharm
caused to the elderly victim;
(2) the guidelines take appropriate account of the vulner
ability of the victim; and
(3) the guidelines provide enhanced punishment for a de
fendant convicted of a crime of violence against an elderly victim who
has previously been convicted of a crime of violence against an elderly
victim, regardless of whether the conviction occurred in Federal or
State court.
(c) DEFINITIQNS.--In this section--
"crime of violence" means an offense under section 113, 114,
1111, 1~12, 1113, 1117, 2241, 2242, or 2244 of title 18, United States
Code.
"elderly victim" means a victim who is 65 years of age or
older at the time of an offense.

SEC.240003. SAFE SENIOR CORRIDORS GPANTS.
(a) GENERAL AUTHORITY.--The Attorney General may make grants to States,
units of local governments, Indian tribal governments, and other public
agencies to support pilot projects for controlling crime and ensuring
public safety in areas that have a high population density of senior
citizens or related special needs.
(b) PURPOSE o~ GRANTS.--A pilot project grant under subsection (a)
shall have the explicit purpose of providing senior citizens with
enhanced protections from crime, partzcularly vzolent

325

predatory crime, in geographic areas where their population densztzes
or thezr actzvzties make senior citizens particularly vulnerable.
PLICATIONS.--
(1) IN GENERAL.--The Attorney General shall prescribe re quzrements for
the manner of filing and content of applications for funding under this
part. (2) CONTENTS.--An application under this section shall, at

!A) demonstrate innovative plans aimed at establishing corrzdors of
safety for senior citizens by increasing the numbers, presence, and
watchfulness of law enforcement officers, community groups, and
business owners and employ

(B) demonstrate the use of broad and diverse communzty-based volunteer
efforts.

(f) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be
approprzated to carry out this section--
(1) $1,000,000 for fiscal year 1996- and
(2) $1,000,000 for fiscal year 1997.

TITLE XXV--SENIOR CITIZENS AGAINST
MARKETING SCAMS

SEC.250001. S~OPT TITLE.
This Act may be cited as the "Senior Citizens Against Market Fraud Act"

SEC.20002. ENHANCED PENALTIES FOR TELEMARKETING FRAUD
(a) OFFENSE.--Part I of title 18, United States Code, is amend-

(1) by redesignating chapter 113A as chapter 113B; and
(2) by inserting after chapter 113 the following new chap

"CHAPTER 113A--TELEMARKETING FRAUD

Sec. 2325. Definition.
Sec. 2326. Enhanced penalties.
Sec. 2327. Mandatory restitution.
Sec. 2325. Definition
"In this chapter, 'telemarketing'--
is cOnducted tOs l~andpulcaen,~ program~ promotion, or campaign that

"(A) purchases of goods or services; or
(B) participation in a contest or sweepstakes,
326

by use of 1 or more interstate telephone calls initiated either by a
person who is conducting the plan, program, promotion, or campaign or
by a prospective purchaser or contest or sweepstakes participant; but
"(2) does not include the solicitation of sales through the mailing of
a catalog that--
"(A) contains a written description or illustration of the
goods or services offered for sale;
"(B) includes the business address of the seller;
"(C) includes multiple pages of written material or il
lustration; and
"(D) has been issued not less frequently than once a
year,

if the person making the solicitation does not solicit customersby
telephone but only receives calls initiated by customers in response to
the catalog and during those calls take orders without further
solicitation.

"~2326. Enhanced penalties

"A person who is convicted of an offense under section 1028, 1029,
1341, 1342, 1343, or 1344 in connection with the conduct of
telemarketing--
"(1) may be imprisoned for a term of up to 5 years in addition to any
term of imprisonment imposed under any of those sections, respectively;
and
"(2) in the case of an offense under any of those sections that--
"(A) victimized ten or more persons over the age of 55;
or
"(B) targeted persons over the age of 55, may be imprisoned for a term
of up to 10 years in addition to any term of imprisonment imposed under
any of those sections, respectzvely.

"2327. Manda~ory restitution

"(a) IN GENERAL.--Notwithstanding section 3663, and in addition to any
other civil or criminal penalty authorized by law, the court shall
order restitution for any offense under this chapter.
"(b) SCOPE AND NATURE OF ORDER.--
"(1) DIRECTIONS.--The order of restitution under this section shall
direct that--
"(A) the defendant pay to the victim (through the ap
propriate court mechanism) the full amount of the victim's
losses as determined by the court, pursuant to paragraph
(3); and
"(B) the United States Attorney enforce the restitution
order by all available and reasonable means.
(2) ENFORCEMENT BY VICTIM.--An order of restitution maybe enforced by a
victim named in the order to receive the restitution as well as by the
United States Attorney, in the same manner as a judgment in a civil
action.
(3) DEFINITION.--For purposes of this subsection, the term 'full amount
of the victim's losses' means all losses suffered by the victim as a
proximate result of the offense.

327

(4) ORDER MANDATORY.~A) The issuance of a restitution order under this
section is mandatory.
"(B) A court may not decline to issue an order under this section
because of--
"(i) the economic circumstances of the defendant; or
"(ii) the fact that a victim has, or is entitled to, receive
compensation for his or her injuries from the proceeds of insurance or
any other source.
"(C)(i) Notwithstanding subparagraph (A), the court may take into
account the economic circumstances of the defendant ~n determin~ng the
manner in which and the schedule according to wh~ch the restitution is
to be paid.
"(ii) For purposes of this subparagraph, the term 'economic
circumstances' includes--
"(V the financial resources and other assets of the defendant;
"(IV projected earnings, earning capacity, and other income of the
defendant; and
''(IIV any financial obligations of the defendant, includIng
obligations to dependents.
"(D) Subparagraph (A) does not apply if--
"(i) the court finds on the record that the economic circumstances of
the defendant do not allow for the payment of any amount of a
restitution order, and do not allow for the payment of any or some
portion of the amount of a restitution order in the foreseeable future
(under any reasonable schedule of payments); and
"(ii) the court enters in its order the amount of the vict,im's losses,
and provides a nominal restitution award.
(5) MORE THAN I OFFENDER.--When the court finds that more than 1
offender has contributed to the loss of a victim, the court may make
each offender liable for payment of the full amount of restitution or
may apportion liability among the offenders to reflect the level of
contribution and economic circumstances of each offender.
(6) MORE THAN I VICTIM.--When the court finds that more than 1 victim
has sustained a loss requiring restitution by an offender, the court
shall order full restitution of each victim but may provide for
different payment schedules to reflect the economic circumstances of
each victim.
(7) PAYMENT SCHEDULE.--An order under this section may dzrect the
defendant to make a single lump-sum payment or partial payments at
specified intervals.
(8) SETOFF.--Any amount paid to a victim under this sect~on shall be
set off against any amount later recovered as compensatory damages by
the victim from the defendant in--
(A) any Federal civil proceeding; and
"(B) any State civil proceeding, to the extent provided by the law of
the State.
(9) EFFECT ON OTHER SOURCES OF COMPENSATION.--The issuance of a
restitution order shall not affect the entitlement of a victim to
receive compensation with respect to a loss from insurance or any other
source until the payments actually re-
                                  328

ceived by the victim under the restitution order fully compensate the
victim for the loss.
(10) CONDITION OF PROBATION OR SUPERVISED RELEASE.-- Compliance with a
restitution issued under this section shall be a condition of any
probation or supervised release of a defendant. The court may revoke
probation or a term of superuised release, modify the terms or
conditions of probation or a term of supervised release, hold the
defendant in contempt pursuant to section 3583(e), or suspend the
offender's eligibility for an~ grant9 contract, loan, professional
license, or commercial license provided by an agency of the United
States or with appro priated funds of the United States if the
defendant fails to com ply with the order. In determining whether to
revoke probation or a term of supervised release, modify the terms or
conditions of probation or supervised release or hold a defendant
serving a term of supervised release in contempt, the court shall con-
sider the defendant's employment status, earning ability and financial
resources, the willfulness of the defendant's failure to comply, and
any other circumstances that may have a bearing on the defendant's
ability to comply.
"(c) PROOF OF CLAIM.--
"(1) AFFIDAVIT.--Within 60 days after conviction and, in any event, not
later than 10 days prior to sentencing, the United States Attorney (or
the United States Attorney's delegee), after consulting with the
victim, shall prepare and file an affidavit with the court listing the
amounts subject to restitution under this section. The affidavit shall
be signed by the United States Attorney (or the United States
Attorney's delegee) and the victim. Should the victim object to any of
the information included in the affidavit, the United States Attorney
(or the United States Attorney's delegee) shall advise the victim that
the victim may file a separate affidavit and shall provide the victim
with an affidavit form which may be used to do so.
"(2) OBJECTION.--If, after the defendant has been notified of the
affidavit, no objection is raised by the defendant, the amounts
attested to in the affidavit filed pursuant to paragraph (1) shall be
entered in the court's restitution order. If objection is raised, the
court may require the victim or the United States Attorney (or the
~Jnited States Attorney's delegee) to submit further affidavits or
other supporting documents, demonstrating the victim's losses.
(3) ADDITIONAL DOcuMENTATlON AND TESTIMONY.--If the court concludes,
after reviewing the supporting documentation and considering the
defendant's objections, that there is a substantial reason for doubting
the authenticity or veracity of the records submitted, the court may
require additional documentation or hear testimony on those questions.
The privacy of any records filed, or testimony heard, pursuant to this
section shall be maintained to the greatest extent possible, and such
records may be filed or testimony heard in camera.
(4) FINAL DETERMINATION OF LOSSEs.--If the victim's losses are not
ascertainable by the date that is 10 days prior to sentencing as
provided in paragraph (1), the United States Attorney (or the United
States Attorney's delegee) shall so inform


                                             329

the court, and the court shall set a date for the final determination
of the victim's losses, not to exceed 90 days after sentencing If the
victim subsequently discovers further losses, the victim shall have 60
days after discovery of those losses in which to petition the court for
an amended restitution order. Such order may be granted only upon a
showing of good cause for the failure to include such losses in the
initial claim for restitutionary relief.
"(d) MODIFICATION OF ORDER--A victim or the offender may petition the
court at any time to modify a restitution order as approrpriate in view
of a change in the economic circumstances of the offender.
' (e) REFERENCE TO MAGISTRATE OR SPECIAL MASTER.--The court may refer
any issue arising in connection with a proposed order of restitution to
a magistrate or special master for proposed find~ngs of fact and
recommendations as to disposition, subject to a de novo determination
of the issue by the court.
"(f) DEFINITION.--For purposes of this section, the term victim'
includes the individual harmed as a result of a commission of a crime
under this chapter, including, in the case of a victim who is
incompetent, incapacitated, or deceased, the legal guardian of the
v~ct~m or representative of the victim's estate, another family member,
or any other person appointed as suitable by the court, but in no event
shall the defendant be named as such representative or guard ~an. ".
(b) TECHNICAL AMENDMENTS.--
(1) PART ANALYSIS.--The part analysis for part I of title 18
United States Code, is amended by striking the item relating to
  chapter 113A and inserting the following
"11~ Telemarketing fraud .................   2325
"113B. Terrorism.............................2331".
(2) CHAPTER 113B.--The chapter heading for chapter 113B
of title 18, United States Code, as redesignated by subsection (a)~1),
is amended to read as follows:

"CHAPTER 113B--TERRORISM".
SEC. 260003. INCREASED PENALTIES FOR FRAUD AGAINST OLDER VICTIMS.
(a) REVIEW.--The United States Sentencing Commission shall review and,
if necessary, amend the sentencing guidelines to ensure that victim
related adjustments for fraud offenses against older vict~ms over the
age of 55 are adequate.
(b) REPORT.--Not later than 180 days after the date of enactment of
this Act, the Sentencing Commission shall report to Congress the result
of its review under subsection (a).
SEC. 260004. REWARDS FOR INFOR~ATION LEADING TO PROSECUTION AND
CONVICTION.
Section 3059 of title 18, United States Code, is amended by add~ng at
the end the following new subsection:
(c)(1) In special circumstances and in the Attorney General's sole
discretion, the Attorney General may make a payment of up to S10,000 to
a person who furnishes information unknown to the Government relating
to a possible prosecution under section 2326 which results in a
conviction
330

"(2) A person is not eligible for a payment under paragraph (1)

"(A) the person is a current or former officer or employee of a
Federal, State, or local government agency or instrumentality who
furnishes information discovered or gathered in the course of
government employment;
"(B) the person knowingly participated in the offense;
"(C) the information furnished by the person consists of an allegation
or transaction that has been disclosed to the public-- "(i) in a
criminal, civil, or adm~nistrative proceed~ng; "(ii) in a
congressional, administrative, or General Ac
counting Office report, hearing, audit, or investigation; or"(iii) by
the news media, unless the person is the origi
nal source of the information; or
"(D) when, in the judgment of the Attorney General, ~t appears that a
person whose illegal activities are being prosecuted or investigated
could benefit from the award.
"(3) For the purposes of paragraph (2)(C)(iii), the term 'original
source' means a person who has direct and ~ndependent knowledge of the
information that is furnished and has voluntarily provzded the
information to the Government prior to disclosure by the news med ia.
"(4) Neither the failure of the Attorney General to authorize a payment
under paragraph (1) nor the amount authorized shall be subject to
judicial review.".
SEC. 250005. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for the purposes of carrying
out this Act and the amendments made by th~s Act--
(1) for the Federal Bureau of Investigation to hire, equ~p, and train
special agents and support staff to investigate telemarketing fraud
cases--
(A) $750,000 for fiscal year 1996;
(B) $1,500,000 for fiscal year 1997; (C) $1,500,000 for fiscal year
1998; (D) $1,800,000 for fiscal year 1999; and (E) $1,950,000 for
fiscal year 2000;
(2) to hire, equip, and train Department of Justice attorneys,
assistant United States Attorneys, and support staff to prosecute
telemarketing fraud cases--
(A) $250,000 for fiscal year 1996; (B) $500,000 for fiscal year 1997;
(C) $500,000 for fiscal year 1998; (D) $600,000 for fiscal year 1999;
and (E) $650,000 for fiscal year 2000; and
(3) for the Department of Justice to conduct, in cooperatton with State
and local law enforcement agencies and senior cit~zen advocacy
organizations, public awareness and preuent~on initiatives for senior
citizens, such as seminars and train~ng-- (A) $1,000,000 for fiscal
year 1996; (B) $2,000,000 for fiscal year 1997; (C) $2,000,000 for
fiscal year 1998; (D) $2,500,000 for fiscal year 1999; and (E)
$2,500,000 for fiscal year 2000.

332

TITLE XXII--COMMISSION
MEMBERSHIP AND APPOINTMENT

SEC. 260001. COMMISSION MEM:BERSHIP AND APPOINTMENT.
(a) MEMBERSHIP.--Section 211(B)(f) of Public Law 101-515 (104 Stat.
2123) is amended to read as follows:
"(f) NUMBER AND APPOINTMENT.--
"(1) IN GENERAL.--The Commission shall be composed of 29 members as
follows:
"(A) Nine individuals appointed from national law enforcement
organizations representing law enforcement officers, of whom--
"(i) two shall be appointed by the Speaker of the
House of Representatives;
"(ii) two shall be appointed by the majority leader
of the Senate;
"(iii) two shall be appointed by the minority leader
of the House of Representatives;
"(iv) two shall be appointed by the minority leader
of the Senate, and
"(v) one shall be appointed by the President.
"(B) Nine individuals appointed from national law enforcement
organizations representing law enforcement management, of whom--
"(i) two shall be appointed by the Speaker of the
House of Representatives;
"(ii) two shall be appointed by the maJor~ty leader
of the Senate;
"(iii) two shall be appointed by the minority leader
of the House of Representatives;
"(iv) two shall be appointed by the minority leader
of the Senate; and
"(v) one shall be appointed by the President.
"(C) Two individuals appointed with academic expertise regarding law
enforcement issues, of whom--
"(i) one shall be appointed by the Speaker of the
House of Representatives and the majority leader of the
Senate, and
"(ii) one shall be appointed by the minority leader
of the Senate and the minority leader of the House of
Representatives.
"(D) Two Members of the House of Representatives, appointed by the
Speaker and the minority leader of the House of Representatives.
"(E) Two Members of the Senate, appointed by the majority leader and
the minority leader of the Senate.
"(F) One individual from the Department of Justice, appointed by the
President.
"(G) Two individuals representing a State or local governmental entity,
such as a Governor, mayor, or State attorney general, to be appointed
jointly by the majority leader and the minority leader of the Senate.




333

"(H) Two individuals representing a State or local gov
ernmental entity, such as a Governor, mayor, or State at
torney general, to be appointed jointly by the Speaker and
the minority leader of the House of Representatives.
"(2) COMPTROLLER GENERAL.--The Comptroller General shall serve in an
advisory capacity and shall oversee the methodology and approve of the
Commission study.
(3) CHAIRPERSON.--Upon their appointment the members of the Commission
shall select one of their number to act as cha~rperson.
"(4) APPOINTMENT DATE.--Members of the Commission shall be appointed no
later than 90 days of the enactment of

(b) REPORT.--Section 211(B)(p) of Public Law 101-515 (104 Stat. 2124)
is amended by striking "the expiration" and all that follows through
this Act," and inserting "March 31, 1996,".
(c) REIMBURSEMENT.--
(V Section 211(B)(i) of Public Law 101-515 (104 Stat 2124) is amended
by striking "non-reimbursablen and inserting a reimbursable".
(2) Section 211(b)(j) of Public Law 101~15 (104 Stat 2124) is amended
by adding after "Commission" the following , on a reimbursable basis,".
SEC 260002. CONFORMING AMENDMENT.
Section 3404(a) of Public Law 101-647 (42 U.S.C. 3721 note) ~s
repealed.

TlTLE XXVII PRESIDENTIAL SUMMIT
ON VIOLENCE AND NATIONAL COM-
MISSION ON CRIME PREVENTION AND
CONTROL

8EC. 27000L PRESIDENTIAL SUMITT.
Congress calls on the President to convene a national summit on
violence in America prior to convening the Commission established under
this title.

8EC 270002. ESTABLISHMENT; COMMITTEES AND TASK FORCES

(a) ESTABLISHMENT AND APPOINTMENT OF MEMBERS.--There is established a
commission to be known as the "National Commission on Crime Control and
Prevention". The Commission shall be composed of 28 members appointed
as follows:
(1) 10 persons by the President, not more than 6 of whom shall be of
the same major political party.
(2) 9 persons by the President pro tempore of the Senate, of whom shall
be appointed on the recommendation of the Ma
Jority Leader of the Senate and the chairman of the Committeeon the
Judiciary of the Senate, and 4 of whom shall be appointed on the
recommendation of the Minority Leader of the Senate and the ranking
minority member of the Committee on the Judiciary of the Senate.
                                  334

(3) 9 persons appointed by the Speaker of the House of Representatives,
in consultation with the chairman of the Committee on the Judiciary of
the House of Representatives, and 4 of whom shall be appointed on the
recommendation of the Minority Leader of the House of Representatives,
in consultation with the ranking member of the Committee on the
Judiciary.
(b) COMMITTEES AND TASK FORCES.--The Commission shall establish
committees or task forces from among its members for the examination of
specific subject areas and the carrying out of other functions or
responsibilities of the Commission, including committees or task forces
for the examination of the subject areas of crime and violence
generally, the causes of the demand for drugs, violence in schools, and
violence against women, as descrIbed in subsections (b) through (e) of
section 270004.
(c) REPRESENTATION.~1) At least 1 member of the Commission appointed by
the President, at least 2 members of the Commission appointed by the
President pro tempore of the Senate, and at least 2 members of the
Commission appointed by the Speaker of the House of Representatives
shall be persons well-qualified to participate in the Commission's
examination of the subject area of crime and violence generally, with
education, training, expertise, or experzence in such areas as law
enforcement, law, sociology, psychology, social work, and ethnography
and urban poverty (including health care, housing, education, and
employment).
(2) At least 1 member of the Commission appointed by the President, at
least 2 members of the Commission appointed by the President pro
tempore of the Senate, and at least 2 members of the Commission
appointed by the Speaker of the House of Representatives shall be
persons well-qualified to participate in the Commission's examination
of the subject area of the causes of the demand for drugs, with
education, training, expertise, or experience in such areas as
addiction, biomedicine, sociology, psychology, law, and ethnograp Iy
and urban poverty (including health care, housing, education, and
employment).
(3) At least 1 member of the Commission appointed by the President, at
least 2 members of the Commission appointed by the President pro
tempore of the Senate, and at least 2 members of the Commission
appointed by the Speaker of the House of Representatives shall be
persons well-qualified to participate in the Commtssion's examination
of the subject area of violence in schools, with education, training,
expertise, or experience in such areas as law nforcement, education,
school governance policy and teaching, law, sociology, psychology, and
ethnography and urban poverty (including health care, housing,
education, and employment).
(4) At least 1 member of the Commission appointed by the President, at
least 2 members of the Commission appointed by the President pro
tempore of the Senate, and at least 2 members of the Commission
appointed by the Speaker of the House of Representatives shall be
persons well-qualified to participate in the Commission's examination
of the subject area of violence against women, as surviuors of
violence, or as persons with education, training, expertise, or
experience in such areas as law enforcement, law, judicial
administration, prosecution, defense, victim services or advocacy in

335

sexual assault or domestic violence cases (including medical services
an counseling), and protection of victims' rights.
SEC. 270003. PURPOSES.
The purposes of the Commission are as follows:
(1) To develop a comprehensive proposal for preventing and controlling
crime and violence in the United States, including for implementing any
recommendations made by

(2) To bring attention to successful models and programs crime
prevention and crime control.

community for ideas for controlling and preventing criminal justice to
recommend improvements in the coordination of oca, State, Federal, and
international crime control and prevention efforts, including efforts
relating to crime near international borders.
(5) To make a comprehensive study of the economic and socia factors
leading to or contributing to crime and violence, inc u ing the causes
of illicit drug use and other substance abuse and to develop specific
proposals for legislative and administrative taibtlons to reduce crime
and violence and the factors that

(6) To recommend means of utilizing criminal justice r sources as
effectively as possible, including targeting finite cor rectional
facility space to the most serious and violent offenders and
considering increased use of intermediate sanctions for offenders who
can be dealt with adequately by such means
(?) To examine distinctive crime problems and the impact of crlme on
members of minority groups, Indians living on res ervations, and other
groups defined by race, ethnicity, religion age, disability, or other
characteristics, and to recommend specific responses to the distinctive
crime problems of such groups
(8) To examine the problem of sexual assaults, domestic vi
ence, and other criminal and unlawful acts that particularly a,, ct
women, and to recommend Federal, State, and local s rategies for more
effectively preventing and punishing such
an acts.
(9) To examine the treatment of victims in Federal, State and local
criminal justice systems, and to develop recommendaions to enhance and
protect the rights of victims
(10) To examine the ability of Federal, State, and local criminal
Justice systems to administer criminal law and criminal sanct~ons
impartially without discrimination on the basis of race, et nicity,
religion, gender, or other legally proscribed grounds, and to make
recommendations for correcting any deficiencies in the impartial
administration of justice on these

(11) To examine the nature, scope, causes, and complexities of vlolence
in schools and to recommend a comprehensive ret at problem.
C. a70004. RESPONSIBILITIES O~ TNE CQMMISSION
(a) IN GENERAL.--The responsibilities of the Commission shall
e such study and consultation as may be necessary or appro-
336

priate to carry out the purposes set forth in section 270003, including
the specific measures described in subsections (b) through (e) in
relation to the subject areas addressed in those subsections.
(b) CRIME AND VIOLENCE GENERALLY.--In addressing the subject of crime
and violence generally, the activities of the Commission shall include
the following
(1) Reviewing the effectiveness of traditional criminal justice
approaches in preventing and controlling crime and violence.
(2) Examining the impact that changes in Federal and State law have had
in controlling crime and violence.
(3) Examining the impact of changes in Federal immigration laws and
policies and increased development and growth along United States
international borders on crime and violence in the United States,
particularly among the Nation's youth.
(4) Examining the problem of youth gangs and providing recommendations
as to how to reduce youth involvement in violent crime.
(5) Examining the extent to which the use of dangerous weapons in the
commission of crime has contributed to violence and murder in the
United States.
(6) Convening field hearings in various regions of the country to
receive testimony from a cross section of criminal justice
professionals, business leaders, elected officials, medical doctors,
and other persons who wish to participate.
(7) Reviewing all segments of the Nation's criminal justice systems,
including the law enforcement, prosecution, defense, judicial, and
corrections components in developing the crime control and prevention
proposal.
(c) CAUSES OF THE DEMAND FOR DRUGS.--In addressing the subject of the
causes of the demand for drugs, the activities of the Commission shall
include the following:
(1) Examining the root causes of illicit drug use and abuse in the
United States, including by compiling existing research regarding those
root causes, and including consideration of the following factors:
(A) The characteristics of potential illicit drug users
and abusers or drug traffickers, including age and social, economic,
and educational backgrounds.
(B) Environmental factors that contribute to illicit drug
use and abuse, including the correlation between unemployment, poverty,
and homelessness and drug experimentation and abuse.
(C) The effects of substance use and abuse by a relatiue
or friend in contributing to the likelihood and desire of an individual
to experiment with illicit drugs.
(D) Aspects of, and changes in cultural values, atti
tudes and traditions that contribute to illicit drug use andabuse.
(E) The physiological and psychological factors that
contribute to the desire for illicit drugs.
(2) Evaluating Federal, State, and local laws and policieS on the
prevention of drug abuse, control of unlawful production~




                                             337

distribution and use of controlled substances, and the efficacy of
sentencing policies with regard to those laws.
(3) Analyzing the allocation of resources among interdiction of
controlled substances entering the United States, enforcement of
Federal laws relating to the unlawful production, distribution, and use
of controlled substances, education with regard to and the prevention
of the unlawful use of controlled substances, and treatment and
rehabilitation of drug abusers.
(4) Analyzing current treatment and rehabilitation methods and making
recommendations for improvements.
(5) Identifying any existing gaps in drug abuse policy that result from
the lack of attention to the root causes of drug abuse.
(6) Assessing the needs of government at all leuels for resources and
policies i~or reducing the overall desire of individuals to experiment
with and abuse illicit drugs.
(7) Making recommendations regarding necessary improvements in policies
for reducing the use of illicit drugs in the United States.
(d) VIOLENCE IN SCHOOLS.--In addressing the subject of violence in
schools, the activities of the Commission shall include the following:
(1) Defining the causes of violence in schools.
(2) Defining the scope of the national problem of violence in schools.
(3) Providing statistics and data on the problem of violence in schools
on a State-by-State basis.
(4) Investigating the problem of youth gangs and their relation to
violence in schools and providing recommendations on how to reduce
youth involvement in violent crime in schools.
(5) Examining the extent to which dangerous weapons have contributed to
violence and murder in schools.
(6) Exploring the extent to which the school environment has
contributed to violence in schools.
!7) Reviewing the effectiveness of current approaches in preventlng
violence in schools.
(e) VIOLENCE AGAINST WOMEN.--In addressing the subject of rual assault,
domestic violence, and other criminal and unlawful ts that particularly
affect women, the activities of the Commission all include the
following:
(1) Evaluating the adequacy of, and making recommendations regarding,
current law enforcement efforts at the Federal, State, and local levels
to reduce the incidence of such crimes and acts, and to punish those
responsible for such crimes and acts.
(2) Evaluating the adequacy of, and making recommendations regarding,
the responsiveness of prosecutors and courts to such crimes and acts.
(3) Evaluating the adequacy of rules of evidence, practice, and
procedure to ensure the effective prosecution and conviction of
perpetrators of such crimes and acts and to protect victims of such
crimes and acts from abuse in legal proceedings, making
recommendations, where necessary, to improve those rules.
338

(4) Evaluating the adequacy of pretrial release, sentencing,
incarceration, and post-conviction release in relation to suc~ crimes
and acts.
(5) Evaluating the adequacy of, and making recommenda~ tions regarding,
the adequacy of Federal and State laws on se~
ual assault and the need for a more uniform statutory respo
to sex offenses, including sexual assaults and other sex
offensegcommitted by offenders who are known or related by blood or
marriage to the victim.
(6) Evaluating the adequacy of, and making recommenda tions regarding,
the adequacy of Federal and State laws on domestic violence and the
need for a more uniform statutory response to domestic violence.
(7) Evaluating the adequacy of, and making recommenda tions regarding,
the adequacy of current education, prevention, and protective services
for victims of such crimes and acts.
(8) Assessing the issuance, formulation, and enforcement of protective
orders, whether or not related to a criminal proceeding, and making
recommendations for their more effective use in domestic violence and
stalking cases.
(9) Assessing the problem of stalking and recommending effective means
of response to the problem.
(10) Evaluating the adequacy of, and making recommendations regarding,
programs for public awareness and public dissemination of information
to prevent such crimes and acts.
(11) Evaluating the treatment of victims of such crimes and acts in
Federal, State, and local criminal justice systems, and making
recommendations designed to improve such treatment.

SEC 270005. ADMISTRATIVE MATTERS.
(a) CHAIR.--The President shall designate a member of the CO~mission to
chair the Commission.
(b) No ADDITIONAL PAY OR BENEFITS; PER DIEM.--Members of the Commission
shall receive no pay or benefits by reason of their Service on the
Commission, but shall receive travel expenses, including per diem in
lieu of subsistence, at rates authorized for employees of agencies
under sections 5702 and 5703 of title 5, United States Code
(c) VACANCIES.--Vacancies on the Commission shall be filled in

the same manner as initial appointments.
(d) MEETINGS OPEN TO THE PUBLIC.--The Commission shall be considered to
be an agency for the purposes of section 552b of title 5, ~nited States
Code, relating to the requirement that meetings of

Federal agencies be open to the public.
SEC. 27000c. STAFF AND SUPPORT SERVICES.
(a) DIRECTOR.--With the approval of the Commission, the chairperson
shall appoint a staff director for the Commission.
(b) STAFF.--With the approval of the Commission, the staff director may
appoint and fix the compensation of staff personnel forthe Commission.
(c) CIVIL SERVICE LAWS.--The staff of the Commission shall be appainted
without regard to the provisions of title 5, United States Cod~,
governing appointments in the competitive service. Staff compenSation
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may be set without regard to the provisions of chapter 51

                                             339

~and subchapter III of chapter 53 of that title relating to classifica-
~n and General Schedule pay rates, but in no event shall any such
f personnel be compensated at a rate grea ter than the rate of basic
pay for level ES~ of the Senior Executive Service Schedule under ection
5382 of that title. The staff director shall be paid at a rate ~ot to
exceed the rate of basic pay for level V of the Executive Schedule.
(d) CONSULTANTS.--With the approval of the Commission, the staff
director may procure temporary and intermittent services under section
3109(b) of title 5, United St~tes Code.
(e) STAFF OF FEDERAL AGENCIES.--Upon the revuest of the CommiSSion~ the
head of any Federal agency may detail, on a reimbursable basis,
personnel of that agency t~ the Commission to assist ~n carrying out
its dutzes.
(f PHYSICAL FACILITIES.--The Administrator of the General SerVice
Administration shall provide suita ble office space for the operation
of the Commission. The facilities shall serve as the headquarters of
the Commission and shall include all necessary equipment and
lncidentals required for proper functioning
SEC. 270007. POWERS.
(a) HEARINGS.--For the purposes of carrying out this title, the
Commission may conduct such hearings, sit and act at such times and
places, take such testimony, and receive such evidence, as the
Commission considers appropriate. The Commission may administer oaths
before the Commission.
(b) DELEGATION.--Any committee, task force, member, or agent, of the
Commission may, if authorized by the Commission, take any octlon that
the Commission is authorized to take under this title.
(C) ACCESS TO INFORMATION.--The Cornmission may request directly from
any Federal agency or entity i~z the executive or legislative branch
such information as is needed t-o carry out its functions.
(d) MA1L.--The Commission may use the United States mails in the same
manner and under the same conditions as other Federal agencies.

SEC. 270008. REPORT; TERMINATION.
Not later than 2 years after the date on which the Commission is fully
constituted under section 270001, the Commission shall submit a
detailed report to the Congress and ~he President containing its
findings and recommendations. The Colnmission shall terminate 30 days
after the submission of its report.

SEC. 270009. AUTHORIATION OF APPROPRIATIONS.
There are authorized to be appropriate~ to carry out this title-- (1)
$1,000,000 for fiscal year 1996.

TITLE XXVIII SENTENCINGENCING
PROVISIONS

SEC. 280001. IMPOSITION OF SENTENCE.
Section 3553(a)(4) of title 18, United States Code, is amended to read
as follows
"(4) the kinds of sentence and the sentencing range establ~shed for--
338

(4) Evaluating the adequacy of pretrial release, sentencir4~,
incarceration, and post-conviction release in relation to such crimes
and acts.
(5) Evaluating the adequacy of, and making recomme~ tions regarding,
the adequacy of Federal and State laws on ual assault and the need for
a more uniform statutory respons~ to sex offenses, including sexual
assaults and other sex offenseg committed by offenders who are known or
related by blood or marriage to the victim.
(6) Evaluating the adequacy of, and making recommenda tions regarding,
the adequacy of Federal and State laws on do mestic violence and the
need for a more uniform statutory response to domestic violence.
(7) Evaluating the adequacy of, and making recommenda~ tions regarding,
the adequacy of current education, preventionJ and protective services
for victims of such crimes and acts.
(8) Assessing the issuance, formulation, and enforcement ot~ protective
orders, whether or not related to a criminal proceed ing, and making
recommendations for their more effective use in domestic violence and
stalking cases.
(9) Assessing the problem of stalking and recommending effective means
of response to the problem.
(10) Evaluating the adequacy of and making recommendations regarding,
programs for public awareness and public dissemination of information
to prevent such crimes and acts.
(11) Evaluating the treatment of victims of such crimes and acts in
Federal, State, and local criminal justice systems, and making
recommendations designed to improve such treatment. SEC. 270005.
ADA~NISTRATIVE MATTERS.
(a) CHAIR.--The President shall designate a member of the Commission to
chair the Commission.
(b) No ADDITIONAL PAY OR BENEFITS; PER DIEM.--Members of the Commission
shall receive no pay or benefits by reason of their service on the
Commission, but shall receive travel expenses, including per diem in
lieu of subsistence, at rates authorized for employees of agencies
under sections 5702 and 5703 of title 5, United States Code.
(C) VACANCIES.--Vacancies on the Commission shall be filled in the same
manner as initial appointments.
(d) MEETINGS OPEN TO THE PUBLIC.--The Commission shall be considered to
be an agency for the purposes of section 552b of title 5, United States
Code, relating to the requirement that meetings of Federal agencies be
open to the public.
SEC. 270006. STAFF AND SUPPORT SERVICES.
(a) DIRECTOR.--With the approval of the Commission, the chairperson
shall appoint a staff director for the Commission.
(b) STAFF.--With the approval of the Commission, the staff director may
appoint and fiX the compensation of staff personnel for the Comm~ssion.
(C) CIVIL SERVICE LAWS.--The staff of the Commission shall be appointed
without regard to the provisions of title 5, United States Code,
governing appointments in the competitive service. Staff compensation
may be set without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to classificatl~
and General Schedule pay rates, but in no event shall any such pe~
onnel be compensated at a rate greater than the rate of basic p~ tor
level ES~ of the Senior Executive Service Schedule under s~ 7. .5382 of
that title. The staff director shall be paid at a rate no~ -o . ~ceed
the rate of basic pay for level V of the Executive SchedUl''
CO~SULTANTS.--With the approval of the Commission, the 5f~ rector may
procure temporary and intermittent services undt ~ction 3109(b) of
title 5, United States Code.
i 1 STAFF OF FEDERAL AGENCIES.--Upon the request of the Comr~Zl ision~
the head of any Federal agency may detai~, on a reimbursable basis,
personnel of that agency to the Commission to assist in carZ~ing out
its duties.
(f) PHYSICAL FACILITIES.--The Ad ministrator of the General ~&rvice
Administration shall provide suitable office space for the op~eration
of the Commission. The facilities shall serve as the head~quarters of
the Commission and shall include all necessary equip~ment and
incidentals required for proper functioning.

SEC. 270007. POWERS.
~a) HEARINGS.--For the purposes of carrying out this title, the
Commission may conduct such hearings, sit and act at such times and
places, take such testimony, and receive such evidence, as the
Commission considers appropriate. The Commission may administer oaths
before the Commission.
(b) DELEGATION.--Any committee, task force, member, or agent, of the
Commission may, if authorized by the Commission, take any action that
the Commission is authorized to take under this title.
(C) ACCESS TO INFORI~LATION.--The Commission may request directly from
any Federal agency or entity in the executive or legislative branch
such information as is needed to carry out its functions.
(d) MAIL.--The Commission may use the United States mails in the same
manner and under the same conditions as other Federal agencies.

SEC. a7000s. REPORT; TERMINATION.
Not later than 2 years after the date on which the Commission is fully
constituted under section 270001, the Commission shall submit a
detailed report to the Congress and the President containing its
findings and recommendations. The Commission shall terminate 30 days
after the submission of its report.

SEC. 270009. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title-- (1)
$1,000,000 for fiscal year 1996.

TITLE XXVIII--SENTENCING

PROVISIONS

SEC. 280001. IMPOSITION OF SENTENCE.
Section 3553(a)(4) of title 18, United States Code, is amended to read
as follows:
"(4) the kinds of sentence and the sentencing range established for--
                                  340

"(A) the applicable category of offense committed by the
applicable category of defendant as set forth in the guide-
lines issued by the Sentencing Commission pursuant to sec-
tion 994(a)(V of title 28, United States Code, and that are
in effect on the date the defendant is sentenced; or
"(B) in the case of a violation of probation or super
vised release, the applicable guidelines or policy statementsissued by
the Sentencing Commission pursuant to section 994(a)(3) of title 28,
United States Code;". SEC. 280002. TECHNICAL AMENDMENT TO MANDATORY
CONDITIONS
OF PROBATION.
Section 3563(a)(3) of title 18, United States Code, is amended by
striking "possess illegal controlled substances" and inserting "un-
lawfully possess a controlled substance".
SEC. 280003. DIRECTION TO UNITED STATES SENTENCING COMMIS SION
REGARDING SENTENCING ENHANCEMENTS FOR HATE CRIMES.
(a) DEFINITION.--In this section, hate crime means a crime in which the
defendant intentionally selects a victim, or in the case of a property
crime, the property that is the object of the crime, because of the
actual or perceived race, color, religion, national origin, ethnicity,
gender, disability, or sexual orientation of any person.
(b) SENTENCING ENHANCEMENT.--Pursuant to section 994 of title 28,
United States Code, the United States Sentencing Commission shall
promulgate guidelines or amend existing guidelines to provide
sentencing enhancements of not less than 3 offense levels for offenses
that the finder of fact at trial determines beyond a reasonable doubt
are hate crimes. In carrying out this section, the United States
Sentencing Commission shall ensure that there is reasonable consistency
with other guidelines, avoid duplicatiue punishments for substantially
the same offense, and take into account any mitigating circumstances
that might justify exceptions.
SEC. 280004. AUTHORIZATION OF PROBATION FOR PE7rTY OFFENSES
IN CERTArN CASES.
Section 3561(a)(3) of title 18, United States Code, is amended by
inserting "that is not a petty offense" before the period.
SEC. 280005. FULL TIME VICE CHAIRS OF THE UNITED STATES SEN-
TENCING COMMISSION.
(a) ESTABr.rSHMENT OF POSITIONS.--Section 991 (a) of title 28, United
States Code, is amended--
(1) in the second sentence by striking the period and inserting "and
two of whom shall be designated by the President as
Vice Chairs.";
(2) in the fourth sentence by striking the period and inserting " and
of the Chair and the two Vice Chairs, no more than
two shall be members of the same political party."; and
(3) in the sixth sentence by striking "Chairman" and insert-
ing "Chair, Vice Chairs,".
(b) TERMS AND COMPENSATION.--Section 992(c) of title 28, United States
Code, is amended--
(V by amending the first sentence to read as follows: "The Chair and
Vice Chairs of the Commission shall hold full-time
positions and shall be compensated during their terms of office

at the annual rate at which judges of the United States courts of
appeals are compensated."
(2) in the second sentence by striking "Chairman" and inserting "Chair
and Vice Chairs", and
(3) in the third sentence by striking "Chairman" and inserting "Chair
and Vzce Cha~rs, .
(C) TECHNICAL AMENDMENTS.--Chapter 58 of title 28, United States Code,
is amended--
(1) by striking "Chairman" each place it appears and inserting "Chair";
(2) in the fifth sentence of section 991(a) by striking "his" and
inserting "the Attorney General's";
(3) in the fourth sentence of section 992(c) by striking "his" and
inserting "the judge's";
(4) in section 994(i)(2) by striking "he" and inserting "the defendant"
and striking "his" and inserting "the defendant's"; and
(~) in section 996(a) by striking "him" and inserting "the Staff
Director".

SEC. 280006. COCAINE PENALTY STUDY.
Not later than December 31, 1994, the United States Sentencing
Commission shall submit a report to Congress on issues relating to i
sentences applicable to offenses involving the possession or distribu-
tion of all forms of cocaine. The report shall address the differences
in penalty levels that apply to different forms of cocaine and include
any recommendations that the Commission may have for retention or
modification of such differences in penalty levels.

TITLE XXIX--COMPUTER CRIME

SEC. 290001. COMPUTER ABUSE AMENDMENTS ACT OF 1994.
(a) SHORT TITLE.--This subtitle may be cited as the "Computer Abuse
Amendments Act of 1994"
(b) PROHIBITION.--Section iO30(a)(5) of title 18, United States Code,
is amended to read as follows:
"(5)(A) through means of a computer used in interstate commerce or
communications, knowingly causes the transmission of a program,
information, code, or command to a computer or computer system if--
"(i) the person causing the transmission intends that
such transmission will--
"(I) damage, or cause damage to, a computer, computer system, network,
information, data, or program; or
"(II) withhold or deny, or cause the withholding or denial, of the use
of a computer, computer services, system or network, information, data
or program; and
"(ii) the transmission of the harmful component of the
program, information, code, or command--
"(I) occurred without the authorization of the persons or entities who
own or are responsible for the computer system receiving the program,
information, code, or command; and
"(IV(aa) causes loss or damage to one or more other persons of value
aggregating ~/;1,000 or more dur ing any 1-year period; or
"(bb) modifies or impairs, or potentially modifies or impairs, the
medical examination, medical diag nosis, med ical treatment, or med
ical care of one or more individuals; or
"(B) through means of a computer used in interstate com
nerce or communication, knowingly causes the transmission of ~ program,
information, code, or command to a computer or computer system-- "(i)
with reckless disregard of a substantial and un
justifiable risk that the transmission will--
"(V damage, or cause damage to, a computer, computer system, network,
information, data or program;

"(IV withhold or deny or cause the withholding or denial of the use of
a computer, computer services, system, network, information, data or
program; and
"(ii) if the transmission of the harmful component of
the program, information, code, or command--
"(V occurred without the authorization of the persons or entities who
own or are responsible for the computer system receiving the program,
information, code, or command; and
"(IV(aa) causes loss or damage to one or more other persons of a value
aggregating $1,000 or more during any 1-year period; or
"(bb) modifies or impairs, or potentially modifies or impairs, the
medical examination, medical diagnosis, med ical treatment, or med ical
care of one or more individuals;".
~c) PENALTY.--Section 1030(c) of title 18, United States Code is
amended--
(1) in paragraph (2)(B) by striking "and" after the semi
Colon;
(2) in paragraph (3)(A) by inserting ~(A)n after "(a)(5)";
(3) in paragraph (3)(B) by striking the period at the end
t~ereof and inserting "; and" and
(4) by adding at the end the following new paragraph:
"(4) a fine under this title or imprisonment for not more
t~an 1 year, or both, in the case of an offense under subsection
~)(5)(B). .
~d) CIVIL ACTION.--Section 1030 of title 18, United States Code,is
amended by adding at the end thereof the following new sub

" g) Any person who suffers damage or loss by reason of a uiolat~on of
the section, other than a violation of subsection (a)(5)(B), may
rnaintain a civil action against the violator to obtain compensator~
damages and injunctive relief or other equitable relief. Damages for
violations of any subsection other than subsection (a)(5)~A)(ii)(IV(bb)
or (a)(5)(B)(ii)(IV(bb) are limited to economic dama~es. No action may
be brought under this subsection unless

                                             343

action is begun within 2 years of the date of the act combined of or
the date of the discovery of the damage.".
(e) REPORTING REQuIREMENTs.--Section 1030 of title 18 United States
Code, is amended by adding at the end the following new subsection:
"(h) The Attorney General and the Secretary of the Treasury shall
report to the Congress annually, during the first 3 years following the
date of the enactment of this subsection, concerning investigations and
prosecutions under section 1030(a)(5) of title 18, United States
Code.".
(f) PROHIBITION.--Section 1030(a)(3) of title 18, United States Code,
is amended by inserting "adversely" before "affects the use of the
Government's operation of such computer".

TITLE XXX--PROTECTION OF PRIVACY OF INFORMATION IN STATE MOTOR VEHICLE
RECORDS

SEC. 300001. SHORT TITLE.
This title may be cited as the "Driver's Privacy Protection Act of
1994".
SEG 300002. PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL
INFORA~ATION FROM STATE MOTOR VEHICLE RECORDS.
(a) IN GENERAL.--Title 18, United States Code, is amended by inserting
after chapter 121 the following new chapter:

UCHAPTER 123--PROHIBITION ON RELEASE AND USE OF : CERTAlN PERSONAL
INFORMATION FROM STATE MOTOR VEHICLE ~ECORDS

~2721. Prohibition~ on release and use of certain perso~al information
from State motor vehicle records

"(a) IN GENERAL.--Except as provided in subsection (b), a State
department of motor uehicles, and any officer, employee, or contractor,
thereof, shall not knowin~ly disclose or otherwise make available to
any ~erson or entity personal information about any individual obtained
by the department in connection with a motor vehicle record.
"(b) PERMISSIBLE USES.--Personal information referred to in subsection
(a) shall be disclosed for use in connection with matters of motor
vehicle or driver safety and theft, motor vehicle emissions, motOr
vehicle product alterations, recalls, or advisories, performance
monitOring of motor vehicles and dealers by motor vehicle manufac-
turers, and removal of non-owner records from the original owner
record5 of motor vehicle manufacturers to carry out the purposes of the
Automobile Information Disclosure Act, the Motor Vehicle Information
and Cost Saving Act, the National Traffic and Motor Vehicle Safety Act
of 1966, the Anti-Car Theft Act of 1992, and the Clean Air Act, and may
be disclosed as follows:
"(1) For use by any government agency, including any court
or law enforcement agency, in carrying out its functions, or any

                                             344

private person or entity acting on behalf of a Federal, State, or local
agency in carrying out its functions.
"(2) For use in connection with matters of motor vehicle or driver
safety and theft; motor vehicle emissions; motor vehicle product
alterations, recalls, or advisories; performance monitoring of motor
vehicles, motor vehicle parts and dealers; motor vehicle market
research activities, including survey research; and removal of
non-owner records from the original owner records of motor vehicle
manufacturers.
"(3) For use in the normal course of business by a legitimate business
or its agents, employees, or contractors, but only--
"(A) to verify the accuracy of personal information sub
mitted by the individual to the business or its agents, em
ployees, or contractors; and
"(B) if such information as so submitted is not correct
or is no longer correct, to obtain the correct information,
but only for the purposes of preventing fraud by, pursuing
legal remedies against, or recovering on a debt or security
interest against, the ind ivid ual.
"(4) For use in connection with any civil, criminal, administrative, or
arbitral proceeding in any Federal, State, or local court or agency or
before any self-regulatory body, including the service of process,
investigation in anticipation of litigation, and the execution or
enforcement of judgments and orders, or pursuant to an order of a
Federal, State, or local court.
"(5) For use in research actiuities, and for use in producing
statistical reports, so long as the personal information is not
published, redisclosed, or used to contact individuals.
"(6) For use by any insurer or insurance support organization, or by a
self-insured entity, or its agents, employees, or contractors, in
connection with claims investigation actiuities, antifraud actiuities,
rating or underwriting.
"(7) For use in prouiding notice to the owners of towed or impounded
uehicles.
"(8) For use by any licensed private investigatiue agency or licensed
security service for any purpose permitted under this subsection.
"(9) For use by an employer or its agent or insurer to obtain or uerify
information relating to a holder of a commercial driuer's license that
is required under the Commercial Motor Vehicle Safety Act of 1986 (49
U.S.C. App. 2710 et seq.).
"(10) For use in connection with the operation of private toll
transportation facilities.
"(IV For any other use in response to requests for individual motor
uehicle records if the motor uehicle department has provided in a clear
and conspicuous manner on forms for issuance or renewal of operator's
permits, titles, registrations, or identification cards, notice that
personal information collected by the department may be disclosed to
any business or person, and has provided in a clear and conspicuous
manner on such forms an opportunity to prohibit such disclosures.




                                             345

"(12) For bulk distribution for surueys, marketing or solicitations if
the motor uehicle department has implemented methods and procedures to
ensure that--
"(A) individuals are provided an opportunity, in a clear and
consp~cuous manner, to prohibit such uses; and
"(B) the information will be used, rented, or sold solely for bulk
distribution for surueys, marketing, and solicitat~ons, and that
surueys, marketing, and solicitations will not be directed at those
individuals who have requested in a timely fashion that they not be
directed at them.
"(13) For use by any requester, if the requester demonstrates it has
obtained the written consent of the individual to whom the information
pertains.
"(14) For any other use specifically authorized under the law of the
State that holds the record, if such use is related to the operation of
a motor vehicle or public safety.
"(C) RESALE OR REDISCLOSURE.--An authorized recipient of pernal
informat~on (except a recipient under subsection (b)(11) or 2)) may
resell or redisclose the information only for a use per
i itted under subsection (b) (but not for uses under subsection (b)i 1)
or (12)). An authorized recipient under subsection (b)(11) may sell or
redisclose personal information for any purpose. An authored recipient
under subsection (b)(12) may resell or redisclose pernal informatzon
pursuant to subsection (b)(12). Any authorized repient (except a
recipient under subsection (b) (11)) that resells or dzscloses personal
information covered by this title must keep for pertod of 5 years
records identifying each person or entity that reiues information and
the permitted purpose for which the information will be used and must
make such records available to the otor uehicle department upon
request.
(d) WAIVER PROCEDURES.--A State motor uehicle department ay establ~sh
and carry out procedures under which the departent or its agents, upon
receiving a request for personal informa~n that does not fall within
one of the exceptions in subsection (b), ay mail a copy of the request
to the individual about whom the nformation was requested, informing
such individual of the reuest, together with a statement to the effect
that the information zll not be released unless the individual waiues
such individual's 7ht to priuacy under this section.

;2722. Additional unlawful acts

(a) PROCUREMENT FOR UNLAWFUL PURPOSE.--It shall be unwful for any
person knowingly to obtain or disclose personal inforntzon, from a
motor uehicle record, for any use not permitted ~er section 2721(b) of
this title.
'(b) FALSE REPRESENTATION.--It shall be unlawful for any perto make
false representation to obtain any personal information ~m an
individual's motor uehicle record.

2723. Penalties

(a) CRIMINAL FINE.--A person who knowingly violates this apter shall be
fined under this title.
(b) VIOLATIONS BY STATE DEPARTMENT OF MOTOR VEHICLES.-- State
department of motor vehicles that has a policy or practice
346

of substantial noncompliance with this chapter shall be subject to a
civil penalty imposed by the Attorney General of not more than $5,000 a
day for each day of substantial noncompliance.

"2724. Civil action

"(a) CAUSE OF ACTION.--A person who knowingly obtains, dis. closes or
uses personal information, from a motor vehicle record, for a purpose
not permitted under this chapter shall be liable to the individual to
whom the information pertains, who may bring a ciuil action in a United
States district court.
(b) REMEDIES.--The court may award--
"(1) actual damages, but not less than liquidated damages in the amount
of $2,600;
"(2) punitiue damages upon proof of willful or reckless disregard of
the law;
"(3) reasonable attorneys' fees and other litigation costs reasonably
incurred; and
"(4) such other preliminary and equitable relief as the court
determines to be appropriate.

"2725. Definitions

"In this chapter--
"(1)'motor uehicle record' means any record that pertains to a motor
uehicle operator's permit, motor uehicle title, motor vehicle
registration, or identification card issued by a department of motor
uehicles;
"(2)'person' means an individual, organization or entity, but does not
include a State or agency thereof, and
"(3)'personal information' means information that identifies an
individual, including an individual's photograph, social security
number, driuer identification number, name, address (but not the
5-digit zip code), telephone number, and medical or disability
information, but does not include information on uehicular accidents,
driuing violations, and driuer's status.".
(b) CLERICAL AMENDMENT.--The table of parts at the beginning of part I
of title 18, United States Code, is amended by adding at
the end the following new item:

"123. Prohibition on release and use of certain personal information
fi-om
             State motor uehicle records
.....................................2271

SEC.300003. EFFECTIVE DATE.
The amendments made by section 300002 shall become effective on the
date that is 3 years after the date of enactment of this Act. After the
effective date, if a State has implemented a procedure under section
2721(b) (11) and (12) of title 18, United States Code, i as added by
section 2902, for prohibiting disclosures or uses of personal
information, and the procedure otherwise meets the requirements of
subsection (b) (11) and (12), the State shall be in compli-~ance with
subsection (b) (1V and (12) euen if the procedure is not available to
individuals until they renew their license, title, registration or
identification card, so long as the State prouides some other procedure
for individuals to contact the State on their own initiatiue to
prohibit such uses or disclosures. Prior to the effective date, per-
sonal information couered by the amendment made by section 300002 may
be released consistent with State law or practice.

347

TITLE XXXI--VIOLENT CRIME

REDUCTION TRUST FUND

SEC. 310001. CREATION OF VIOLENT CRIME REDUCTION TRUST FUND. (a)
VIOLENT CRIME REDUCTION TRUST FUND.--There is established a separate
account in the Treasury, known as the "Violent Crime Reduction Trust
Fund" (referred to in this section as the "Fund") into which shall be
transferred, in accordance with subsection (b), sauings realized from
implementation of section 5 of the Federal Workforce Restructuring Act
of 1994 (5 U.S.C. 3101 note Public Law 103-226).
(b) TRANSFERS INTO THE FuND.~n the first day of the following fiscal
years (or as soon thereafter as possible for fiscal year 1995), the
following amounts shall.be transferred from the general fund to the
Fund--
(1) for fiscal year 1995, $2,423,000,000;
(2) for fiscal year 199,6, $4,287,000,000;
(3) for fiscal year 1997, $5,000,000,000;
(4) for fiscal year 1998, $5,500,000,000;
(5) for fiscal year 1999, $6,500,000,000, and
(6) for fiscal year 2000, $6,500,000,000.
(c) APPROPRIATIONS FROM THE FUND.~1) Amounts in the Fund may be
appropriated exclusively for the purposes authorized in this Act and
for those expenses authorized by any Act enacted before this Act that
are expressly qualified for expenditure from the Fund.
(2) Amounts appropriated under paragraph (1) and outlays flow~ng from
such appropriations shall not be taken into account for purposes of any
budget enforcement procedures under the Balanced Budget and Emergency
Deficit Control Act of 1985 except section 251A of that Act as added by
subsection (g), or for purposes of section 605(b) of the Congressional
Budget Act of 1974. Amounts of new budget authority and outlays under
paragraph (1) that are included in concurrent resolutions on the budget
shall not be taken into account for purposes of sections 601(b),
606(b), and 606(c) of the Congressional Budget Act of 1974, or for
purposes of section 24 of House Concurrent Resolution 218 (One Hundred
Third Congress).
(d) LISTING OF THE FUND AMONG GOVERNMENT TRUST FUNDS.--Section 1321(a)
of title 31, United States Code, is amended by inserting at the end the
following new paragraph:
"(91) Violent Crime Reduction Trust Fund.".
(e) REQuIREMENT FOR THE PRESIDENT To REPORT ANNUALLY ON THE STATUS OF
THE TRUST FUND.--Section 1105(a) of title 31, United States Code, is
amended by adding at the end the following new paragraphs:
"(30) information about the Violent Crime Reduction Trust Fund,
including a separate statement of amounts in that Trust
Fund.
"(31) an analysis displaying, by agency, proposed reductions in
full-time equivalent positions compared to the current
years level in order to comply with section 5 of the Federal
Workforce Restructuring Act of 1994. ".
348

(f) ALLOCATION AND SU~ALLOCATION OF AMOUNTS IN THE FUND.--
(1) IN GENERAL.--Section 602(a) of the Congressional Budg. et Act of
1974 is amended--
(A) in paragraph (l)(A) by striking "and" at the end of
clause (ii), by striking the semicolon and inserting a comma
at the end of clause (iii), and by adding after clause (iii)
the following
"fiv) new budget authority from the Violent Crime
Reduction Trust Fund, and
"(v) outlays from the Violent Crime Reduction
Trust Fund;";
(B) in paragraph (2) by striking "and" at the end of
subparagraph (B) and by adding after subparagraph (C)
the following
"(D) new budget authority from the Violent Crime Re
duction Trust Fund; and
"(E) outlays from the Violent Crime Reduction Trust
Fund;"; and
(C) by adding at the end the following new paragraph:
(4) No DOUBLE COUNTING.--Amounts allocated amongcommittees under clause
(iv) or (v) of paragraph (l)(A) or under subparagraph (D) or (E) of
paragraph (2) shall not be included within any other allocation under
that paragraph.".
(2) FISCAL YEAR 1995.--The chairman of the Committee on the Budget
shall submit to the House of Representatives or the Senate, as the case
may be, appropriately revised allocations under clauses (iv) and (v) of
paragraph (l)(A) or subparagraphs rD) and (E) of paragraph (2) of
section 602(a) of the Congressional Budget Act of 1974 for fiscal year
1995 to carry out subsection (b)(V.
rg) VIOLENT CRIME REDUCTION TRUST FUND SEQUESTRAT101~
(V SEQUESTRATION.--Part C of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended by adding after section 251 the
following new section:

"SEC. 251A. SEQUESTRAT~ON WITH RESPECT TO VIOLENT CRIME REDUCTION TRUST
FUND.
'(a) SEQUESTRATION.--Within 15 days after Congress adjourns to e1ld a
session, there shall be a sequestration to eliminate any budgetary
eXCess in the Violent Crime Reduction Trust Fund as described in
subsection (b).
''(b) E~ IMINATING A BUDGETARY EXCESS.--
"(1) IN GENERAL.--Except as provided by paragraph (2), appropriations
from the Violent Crime Reduction Trust Fund shall be reduced by a
uniform percentage necessary to eliminate ny amount by which estimated
outlays in the budget year from ~he Fund exceed the following levels of
outlays:
"(A) For fiscal year 1995, $703,000,000.
"(B) For fiscal year 1996, $2,334,000,000.
"(C) For fiscal year 1997, $3,936,000,000.
"(D) For fiscal year 1998, $4,904,000,000.

For fiscal year 1999, the comparable level for budgetary purposes shall
be deemed to be $5,639,000,000. For fiscal year

                                             349

2000, the comparable level for budgetary purposes ,hall be deemed to be
$6,225J000,000
(2) SPECIAL oUTLAY ALLowANcE~--If estimatea' outlays
E from the Fund for a fiscal year exceed the level speci,fied in
paragraph (1) for that year, that level shall be increased by the
lesser of that eXcess or 0.5 percent of that level.
"(c) Loo~-BAc~.--If after June 30, an appropriation for the fis~: cal
year in progress is enacted that causes a budgetary excess in the
E~ Violent Crime Reduction Trust Fund as described in subsection (b)
for that year (after taking into aCcount any sequestration of amountS
under this section), the level set forth in subsection (b) for the next
fiscal year shall be reduced by the amount of that excess. "(d)
WITHIN-SESSION SEQuEsTRA7loN--If an appropriation for a fiscal year in
progress is enacted (after Congress adjourns to end the session for the
budget year and before July 1 of that fiscal year) that caUses a
budgetary eXcess in the Violent Crime Reduction Trust Fund as described
in subsection (b) for that year (after taking into account any prior
sequestration of amounts under this section), 15 days later there shall
be a .~;equestration to eliminate that excess following the procedures
set fo.rth in subsection (b).
(e) PART-YEAR APPROPRL~4TIONS AND OMB ESTllU.qTES.--Paragraphs f4) and
(7) of sectiC~n 251(a) shall apply to appropriations from, and
sequestratiOn of amounts appropriated from, the Violent Crime Reduction
Trust Fun d under this section in the same manner as those paragraphs
apply to discretzonary approprzations and sequestratzons under that
section~JJ.
(2) REpoRTs~ection 254(g) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended by redesignating paragraphs (4) and (5)
as paragraphs (5) and (6), respectively, and by inserting after
paragraph (3) the following new paragraph:
(4) REPORTS ON SiEQuEsTRATloN TO REDUCE THE VIOLENT
CRIME REDUCTION TRUST FUND.--The final rePOrtS Shall Set forth for the
budget year estimates for each of the following:
"(A) The amount of budget authority appropriated from the Violent Crime
Reduction l'rust Fund and outlays resulting from those a~ppropriatiOns.
"(B) The sequestration percentage and reductions, if any, required
under section 251A.".

SEC. 310002. CONFORMlNG REDUCTION IN DISCRETIONARY SPENDING LIMITS.
Upon enactment of thiS, ACt, the discretionary spending limits set
forth in section 601(a)(;2) of the Congressional Budget Act of 1974 (2
U.S.C, 665(a)(2)) (as adjusted in conformance with section 251 of the
Balanced Budget and Emergency Deficit Control Act of 1985, and in the
Senate, With section 24 of House Concurrent Resolutcon 218 (103d
Congress)) for fiscal years 1995 through 1998 are reduced as follows:

(1, for fiscal year 1995, for the discretionary category:
$2,423,000,000 in neW budget authority and $703,000,000 in outlays;
(2) for fiscal year 1996, for the discretionary category:
$4,207,000,000 in new, budget authority and $2,334,000,000 in outlaw
350

(3) for fiscal year 1997, for the discretionary category

$5,000,000,000 in new budget authority and $3,936,000,000 in
outlays; and
(4) for fiscal year 1998, for the discretionary category-
$5,500,000,000 in new budget authority and $4,904,000,000 in~
outlays.
For fiscal year 1999, the comparable amount for budgetary purposeJ
shall be deemed to be $6,500,000,000 in new budget authority and
$5,639,000,000 in outlays. For fiscal year 2000, the comparab
amount for budgetary purposeS shall be deemed to be ~6,500,000,00x in
new budget authority and $6,225,000,000 in outlays.
SEC. 310003. EXTBNSION OF AUTHORIZATIONS OF AppRopRuTloN8 FOR FISCAL
YEARS FOR WHICH THE FULL AMOUNT AU. THORIZED IS NOT APPROPRIATED.
If in making an appropriation under any provision of this Act or
amendment made by thiS ACt that authorizes the making of an
appropriation for a certain purpose for a certain fiscal year in a cer-
tain amount, the Congress makes an approprzation for that purpose for
that fiscal year in a lesser amount, that prouision or amendment shall
be considered to authorize the making of appropriations for that
purpose for later fiscal yearS in an amount equal to the difference
between the amount authorized to be appropriated and the amount that
has been appropriated.
SEC 310004. FLEXll~ILlTY IN M.4KING OF APPROPRIATIONS.
(a) FEDERAL LAW ENFORCEMENT.--In the making of appropriations under any
prouision of thiS ACt or amendment made by this Act that authorizes the
making of an appropriation for a Federal law enforcement program for a
certain fiscal year in a certain amount out of the Violent Crime
Reduction Trust Fund, not to exceed 10 percent of that amount iS
authorized to be appropriated for that fiscal year for any other
Federal law enforcement program for which apprOpriationS are authorized
by any other Federal law enforcement prouision of this Act or amendment
made by this Act. The aggregate reduction in the authorization for any
particular Federal law enforcement program may not exceed 10 percent of
the total amount authorized to be appropriated from the Violent Crime
Reduction Trust Fund for that program in thiS ACt or amendment made by
this Act.
(b) STATE AND LOCAL LAW ENFORCEMENT.--In the making of appropriatiOnS
under any provision of thiS ACt or amendment made by this Act that
authorizes the making of an appropriation for a State and local law
enforcement program for a certain fiscal year in a certain amount out
of the Violent Crime Reduction Trust Fund, not to exceed 10 percent of
that amount iS authorized to be appropriated for that fiscal year for
any other State and local law enforcement program for which
appropriationS are authorized by any other state and local law
enforcement prouision of thiS Act or amendment made by thiS ACt. The
aggregate reduction in the authorization for any particular State and
local law enforcement program may not exceed 10 percent of the total
amount authorized to be appropriated from the Violent Crime Reduction
Trust Fund for that program in this Act or amendment made by this Act.

351

(C) PREVENTION.--In the making of appropriations under any prouision of
thiS Act or amendment made by this Act that authorizes the making of an
appropriation for a prevention program for a certain fiscal year in a
certain amount out of the Violent Crime Reduction Trust Fund, not to
exceed 10 percent of that amount is authorized to be appropriated for
that fiscal year for any other prevention program for Which
appropriations are authorized by any other prevention provision of thiS
Act or amendment made by this Act. The aggregate reduction in the
authorization for any particular prevention program may not exceed 10
program of the total amount authorized to be appropriated from the
Violent Crime Reduction Trust Fund for that program in this Act or
amendment made by this Act.
(d) DEFINITIONS.--In this section--Federal law enforcement program"
means a program authorized in any of the following sectwns:
(1) section l90001(a) (2) section l90001(b), (3) section l90001(c); (4)
section l90001(d); (5) section l90001(e); (6) section 320925(7) section
150008; (8) section 220002; (9) section 130002; (10) section 130005;
(11) section 130006 (12) section 130007 (13) section 250005; (14)
sections 210303-210306(15) section 180104; and
(16) section 270009.
State and local law enforcement program" means a program uu~norized in
any of the following sections:
(1) sections 10001-10003 (2) section 210201; (3) section 210603; (4)
section 180101; (5) section 180103; (6) section 31701-31708 (7) section
210602;
(8) section 30801-30802; (9) section 210302;
(10) section 210501; (1V section 210101; (12) section 320903; (13)
section 20101-20109; (14) section 20301;
(15) section 32201; and (16) section 20201.
vention program" means ,Following sections:
(1) section 50001
(2) section 30101-30104;

program authorized in any of
352

(3) section 30201;
(4) section 30301-30307; (6) section 30401-30403; (6) section
30501-30505; (7) section 30601;
(8) section 30701-30702; (9) section 30901-30906; (10) section
31001-31002; (11) section 31101-31133; (12) section 31201-31207; (13)
section 31301;
(14) section 31401-31405; (15) section 31501-31505; (16) section
31601-31603; (17) section 31801-31808; (18) section 31901-31922; (19)
section 32001; (20) section 32101; (21) section 32301-32307; (22)
section 32401; (23) section 40114; (24) section 40121; (25) section
40151; (26) section 40152; (27) section 40155; (28) section 40156; (29)
section 40211; (30) section 40231; (31) section 40241; (32) section
40251; (33) section 40261; (34) section 40292; (35) section 40293; (36)
section 40295; (37) section 40411-40414; (38) section 40421-40422; (39)
section 40506;
(40) section 40601-40611; (41) section 15004; (42) section 15005; (43)
section 24001; and ~44) section 24003.

TITLE XXXlI--MISCELLANEOUS

Subtitle A--Increases in Penalties

SEC. 320101. INCREASED PENALTIES FOR ASSAULT.
(a) CERTAIN OFFICERS AND EMPLOYEES.--Section 111 of title
18, United States Code, is amended--
(1) in subsection (a) by inserting ", where the acts in viola-
tion of thiS section constitute only simple assault, be fined

353

under this title or imprisoned no~ more than one year, or both and in
all other caseS," after sha~"- and
(2) in subsection (b) by inserting "or inflicts bodily injury" after
weapon.
fb) FOREIGN OFFICIALS, OFFICL4~ GuEsrs, AND INTERNATIONALLY PROTECTED
PERSONS.--Section 112(a) of title 18, United stateS Code, is amended--
(1) by striking "not more than $5,000" and inserting "under

(2) by inserting ", or inflicts bodily injury," after "weapon"; and
(3) by striking "not more ~zan $10,000U and inserting "under this
title".
(C) MARITIME AND TERRITORIAL J~TRISDICTION.--Section 113 of title 18,
United States Code, is amended--
(1) in subsection (c)--
(A) by striking "of not mo~e than $1,000" and inserting
"under this title"; and
(B) by striking "five" and inserting "ten"; and
(2) in subsection (e)--
(A) by striking "of not more than $300" and inserting
"under this title"; and
(B) by striking "three" and inserting "six".
(d) CONGRESS, CABINET, OR SUPREME COURT.--Section 351(e) of title 18,
United States Code, is amended--
(1) by striking "not more ~an $5,000," and inserting under this
title,";
(2) by inserting "the assault involved in the use of a dangerous
weapon, or" after "if~';
(3) by striking "not more ~an $10,000" and inserting "under this
title"; and
(4) by striking "for".
(e) PRESIDENT AND PRESIDENTS S1'AFF.--Section 1751(e) of title 18,
United States Code, is amended--
(1) by striking "not more than ~10,000," both places it appears and
inserting "under this ti~le ',
(2) by striking "not more t~an $5,000," and inserting under this
tztle,; and
(3) by inserting "the assault irzvolved the use of a dangerous weapon,
or after if .
SEC. 320102. INCREASED PENALTIES FOR IllANsLAuGHTER~
Section 1112 of title 18, United S~ateS Code, is amended--
(1) in subsection (b)--
(A) by inserting "fined u~lder this title or" after "shall
be" in the first undesignated p~ragraph; and
(B) by inserting ', or both''after "years";
(2! by striking "not more tha~ ~1,000" and inserting "under this tztle;
and
(3) by striking "three" and inserting "six". SEC. 320103. INCREASED
PENALTIES FO~ CIVIL RIGHTS VIOLATIONS. (a)
CoNsplRAcyAGAlNsTRlGHTs-~ection 241 oftitle 18, United States Code. is
amended--
354

(1) by striking "not more than $10,000" and inserting under this
title";
(2) by inserting "from the acts committed in violation of this section
or if such acts include kidnapping or an attempt to kidnap, aggrauated
sexual abuse or an attempt to commit aggravated sexual abuse, or an
attempt to kill" after "results"
(3) by striking "subject to imprisonment" and inserting"fined under
thiS title or imprisoned"; and
~4) bv insertin~ ". or both" after "life".
(b) DEPRIVATION OF RIGHTS.--Section 242 of title 18, United States
Code, is amended--
(1) by striking "not more than $1,000" and inserting "under this
title";
(2) by inserting "from the acts committed in violation of this section
or if such acts include the use, attempted use, or threatened use of a
dangerous weapon, explosives, or fire," after "bodily injury resultsn
(3) by inserting "from the acts committed in violation of this section
or if such acts include kidnapping or an attempt to kidnap, aggravated
sexual abuse, or an attempt to commit aggravated sexual abuse, or an
attempt to kill, shall be fined under this title, or" after "death
results";
(4) by striking "shall be subject to imprisonment" and inserting
"imprisoned"; and
(5) by inserting " or both" after "life".
(C) FEDERALLY PROTECTED ACTIV~TIES.--Section 245(b) of title 18, United
States Code, is amended in the matter following paragraph (5)--
(1) by striking "not more than $1,000" and inserting "under this
title";
(2) by inserting "from the acts committed in violation of this section
or if such acts include the use, attempted use, or threatened use of a
dangerous weapon, explosives, or fire" after "bodily injury results;
(3) by striking "not more than $10,000" and inserting 'under this
title";
(4) by inserting "from the acts committed in violation of this section
or if such actS include kidnapping or an attempt to kidnap, aggravated
sexual abuse or an attempt to commit aggravated sexual abuse, or an
attempt to kill," after "death results";
(5) by striking "subject to imprisonment" and inserting "fined under
this title or imprisoned"; and
(6) by inserting " or both" after "life".
(d) DAMAGE TO RELIGIOUS PROPERTY.--Section 247 of title 18, United
States Code, is amended--
(V in subsection (c)(l) by inserting "from acts committed in violation
of thiS section or if Such actS include kidnapping or an attempt to
kidnap, aggravated sexual abuse or an attempt to commit aggravated
sexual abuse, or an attempt to kill" after '~death results"
(2) in subsection (c)(2)--
(A) by striking "serious"; and

355

(B) by inserting "from the acts committed in violation
of this sectzon or if such acts include the use, attempted use,
or threatened use of a dangerous weapon, explosives, or
fire after "bodily injury results"- and
(3) by amending subsection (e) to read as follows-
(e) As used in this section, the term 'religious property' means any
church, synagogue, mosque, religious cemetery, or o~her religzous
property.'.
(e) FAIR HOUSING AcT.~ection 901 of the Fair Housing Act (42 . .C.
3631) zs amended--
(1) in the caption by striking "bodily injury; death-"-
,, d(2)thb,y tsitt7rzk,ing not more than $1,000," and i'nserting

(3) by inserting "from the acts committed in violation of t zs sectzon
or ff such acts include the use, attempted use, or threatened use of a
dangerous weapon, explosives, or fire" ofter
bod ly InJury results";
(4) by striking "not more than $10,000," and inserting d h~
v~ ur~ ~lU,UUU'- ancz inserting

(5) by inserting "from the acts committed in violation of this sectzon
or ff such acts include kidnapping or an attempt to kzdnap, aggravated
sexual abuse or an attempt to commit aggravated sexual abuse, or an
attempt to kill," after "death re

(6) by striking "subject to imprisonment" and inserting"fined under
this title or imprisoned"- and
(7) by inserting " or both" after "life".

SEC. 320104 A~R TRAFFICRING IN COUNTERFEIT GOODS

(a) IN GENERAL.--Section 2320(a) of title 18, United States

(1) in the first sentence--
(A) by striking "$250,000 or imprisoned not more than five years" and
inserting "$2,000,000 or imprisoned not more than 10 years', and
(B) by striking "$1,000,000" and inserting

(2) in the second sentence---
(A) by striking $1,000,000 or imprisoned not more than fifteen years"
and inserting "$5,000,000 or imprisoned not more than 20 years y and
(B)  by  striking  "$5,000,000" and  inserting

.o 6(c)(?)(D) oftitle 18, United ~SVtEa~tARYC d ~ ~or sectzon 2319
(relating to copyright infringement)," and inserting on 319 (relating
to copyrzght infringement), or section 2320 ing to trafificking in
counterfeit goods and services),".

C. 320105. D!VRRpE~SED PE/VALTY FOR CONSPIRACY TO COMMIT MUR

~ Section 1958(a) of titie 18, United States Code, is amended by pl ing
or who conspzres to do so" before "shall be fined" the first
356

SEC. 320106. INCREASED PENALTIES FOR ARSON.
Section 844 of title 18, United states Code, is amended--
(1) in subsection (f)--
(A) by striking "not more than ten years, or fined not more than
$10,000" and inserting "not more than 20 years, fined the greater of
the fine under this title or the cost of repairing or replacing any
property that is damaged or destroyed," and
(B) by striking "not more than twenty years, or fined not more than
$10,000" and inserting "not more than 40 years, fined the greater of
the fine under this title or the cost of repairing or replacing any
property that is damaged or destroyed,"
(2) in subsection (h)--
(A) in the first sentence by striking "five years" and inserting "5
years but not more than 15 years"; and
(B) in the second sentence by striking "ten years" and inserting "10
years but not more than 25 years', and
(3) in subsection (i)--
(A) by striking "not more than ten years or fined not more than
$10,000" and inserting "not more than 20 years, fined the greater of
the fine under this title or the cost of repairing or replacing any
property that is damaged or destroyed,", and
(B) by striking "not more than twenty years or fined not more than
$20~000n and inserting "not more than 40 years, fined the greater of
the fine under this title or the cost of repairing or replacing any
property that is damaged or destroyed,".

SEC. 320107. INCREASED PENALTIES FOR DRUG TRAFFICRI'NG NEAR PUBLIC
HOUSING.
Section 419 of the Controlled Substances Act (21 U.S.C. 860) is
amended--
(1) in subsection (a) by striking "playground, or within" and inserting
"playground, or housing facility owned by a public housing authority,
or within"; and
(2) in subsection (b) by striking "playground, or within" and inserting
"playground, or housing facility owned by a public housing authority,
or within".

SEC. 320108. TASK FORCE AND CRIlUlNAL PENALTIES RELATING TO THE
INTRODUCTION OF NONINDIGENOUS SPECIES.
(a) TASK FORCE.--
(1) IN GENERAL.--The Attorney General is authorized to convene a law
enforcement task force in Hawaii to facilitate the prosecution of
violations of Federal laws, and laws of the state of Hawaii, relating
to the wrongful conveyance, sale, or introduction of nonindigenous
plant and animal species.
(2) MEMBERSHIP.~A) The task force shall be composed of representatives
of--
(i) the Office of the United States Attorney for the Dis
trict of Hawaii;
(ii) the United States Customs Service;
(iii) the Animal and Plant Health Inspection Service;
(iv) the Fish and Wildlife Service;

357

(v) the National Park Service;
(vi) the United States Forest Service;
(vii) the Military Customs Inspection Ofifice of the Department of
Defense;
(viii) the United States Postal Service;
(ix) the office of the Attorney General of the State of Hawaii;
(x) the Hawaii Department of Agriculture;
(xi) the Hawaii Department of Land and Natural Resources; and
(xii) such other individuals as the Attorney General deems appropriate.
(B) The Attorney General shall, to the extent practicable, select
individuals to serve on the task force who have experience with the
enforcement of laws relating to the wrongful conveyance, sale, or
introduction'of nonindigenous plant and animal species.
(3) DUTIES.--The task force shall--
(A) facilitate the prosecution of violations of Federal and State laws
relating to the conveyance, sale, or introduction of nonindigenous
plant and animal species into Hawaii, and
(B) make recommendations on ways to strengthen Federal and State laws
and law enforcement strategies designed to prevent the introduction of
nonindigenous plant and animal species.
(4) REPORT.--The task force shall report to the Attorney General, the
Secretary of Agriculture, the Secretary of the Interior, and to the
Committee on the Judiciary and Committee on Agriculture, Nutrition, and
Forestry of the Senate and the Committee on the Judiciary, Committee on
Agriculture, and Committee on Merchant Marine and Fisheries of the
House of Representatives on--
(A) the progress of its enforcement efforts; and
(B) the adequacy of existing Federal laws and laws of the State of
Hawaii that relate to the introduction of nonindigenous plant and
animal species
Thereafiter, the task force shall make such reports as the task force
deems appropriate.
(5) CONSULTATION.--The task force shall consult with Hawaii
agricultural interests and representatives of Hawaii conservatlon
organizations about methods of preventing the wrongful conveyance,
sale, or introduction of nonindigenous plant and animal species into
Hawaii.
(b) CRIMINAL PENALTY.--
(1) IN GENER~L.--Chapter 83 of title 18, United States Code, is amended
by inserting after section 1716C the following new section:

~1716D. Nonmailable injurious animals, plant pests, plant~,
and illegally taken fi8h, wildlife, and plants

"A person who knowingly deposits for mailing or delivery, or Owingly
causes to be delivered by mail, according to the direction on, or at
any place at which it is directed to be delivered by
358

the person to whom it is addressed, anything that section 3015 of title
39 declares to be nonmailable matter shall be fined under this title,
imprisoned not more than 1 year, or both.".
(2) TECHNICAL AMENDMENT.--The chapter analysis for chapter 83 of title
18, United StateS Code, is amended by inserting after the item relating
to section 1716C the following new item:

"1716D. Nonrna~lable injur ous animals, plant pests, plants, and
iUegally taken fish, ~uildlife, andplants."

SEC. 320109. AIILITARY MEDALS AND DECORATIONS. Section 704 of title 18,
United States Code, is amended--
(1) by striking "Whoever and inserting (a) IN GENERAL.-- Whoever";
(2) by striking "not more than $250" and inserting "under this title";
and
(3) by adding at the end the following new subsection: "(b)
CONGRESSIONAL MEDAL OF HONOR.--
"(1) IN GENERAL.--If a decoration or medal involved in an offense under
subsection (a) is a Congressional Medal of Honor, in lieu of the
punishment provided in that subsection, the offender shall be fined
under this title, imprisoned not more than 1 year, or both.
"(2) DEFlNlTloNs.lA) As used in subsection (a) with respect to a
Congressional Medal of Honor, 'sells' includes trades, barters, or
exchanges for anything of value.
"(B) As used in this subsection, 'Congressional Medal of Honor' means a
medal awarded under section 3741 of title 10.".

Subtitle B--Extension of Protection ~f Civil

Ri~hts Statutes

SEC. 320201. EXTENSION OF PROTECTION OF CIVIL RIGHTS STATUTES. (a)
CONSPIRACY AG,41NST RIGHTS.--Section 241 of title 18, United States
Code, is amended by striking "inhabitant of" and inserting "person in".
(b) DEPRIVATION OF RIGHTS UNDER COLOR OF LAW.--Section 242 of title 18,
United States Code, is amended--
(1) by striking "inhabitant of' and inserting "person in";
and
(2) by striking "such inhabitant" and inserting "Such per

Subtitle C--Audit and Report

SEC. 320301. AUDIT REQUIREMENT FOR STATE .~ND LOCAL LAW EN FORCEMENT
AGENCIES RECEIVING FEDERAL ASSET FOR~ FEITURE FUNDS.
      3 (a) STATE REQUIREMENT.~ection 524(c)(7) of title 28, united~
States Code, is amended to read as follows:
"(7)(A) The Fund shall be subject to annual audit by the~
Comptroller General.

359

"(B) The Attorney General shall require that any State or local law
enforcement agency receiving funds conduct an annual audit detailing
the uses and expenses to which the fiunds were dedicated and the amount
used for each use or expense and report the results of the audit to the
Attorney General.".
(b) INCLUSION IN ATTORNEY GENE)~AL S REPORT.--Section 524(c)(6)(C) of
title 28, United States Code, is amended by adding at the end the
following flush sentence: "The report should also contain all annual
audit reports from State and local law enforcement agencieS required to
be reported to the Attorney General under subparagraph (B) ofparagraph
(7).".

SEC 320302. REPORT TO CONGRESS ON ADMINISTRATIVE AND CONTRACTING
EXPENSES.
Section 524(c)(6) of title 28, United States Code, is amended--
(1) by striking "and" at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C) and ~nserting
"; and"; and
(3) by adding at the end the following new subparagraph:
(D) a report for such fiscal year containing a description of the
administratiue and contracting expenses paid from the Fund
underparagraph (l)(A).".

Subtitle D{~oordination

SEC. 320401. COORDINATION OF SUBSTANCE ABUSE TREATMENT AND PREVENTION
PROGRAMS.
The Attorney General shall consult with the Secretary of the Department
of Health and Human Services in establishing and carry~ng out the
substance abuse treatment and preuention components of the programs
authorized under this Act, to assure coordination of programs,
eliminate duplication of efforts and enhance the effectiveness of such
services.

Subtitle E~ambling

SEC. 320501. C~:.ARIFYING AMENDMENT REGARDING SCOPE OF PROHIBITION
AGAINST GAMBLING ON SHIPS IN INTERNATIONAL WATERS.
The paragraph of section 1081 of title 18, United States Code, defin~ng
the term "gambling ship" iS amended by adding at the end the following
''SUch term does not include a vessel with respect to gambling aboard
such uessel beyond the territorial waters of the Un~ted States during a
covered voyage (as defined in section 4472 of the Internal Revenue Code
of 1986 as in effect on January 1,
360

Subtitle F--White Collar Crime

Amendments

SEC. 320601. RECEIVING THE PROCEEDS OF EXl'ORTlON OR KrDNAP.
PING.
(a) PROCEEDS OF EXTORTION.--Chapter 41 of title 18, United States Code,
is amended--
(1) by adding at the end the following new section:

"880. Receiving the proceeds of extortion

"A person who receives, possesses, conceals, or disposes of any money
or other property which was obtained from the commission of any offense
under this chapter that is punishable by imprisonment for more than 1
year, knowing the same to have been unlawfully obtained, shall be
imprisoned not more than 3 years, fined under this title, or both.";
and
(2) in the table of sections, by adding at the end the follow
ing new item:"880. Receiving the proceeds of extortion.l'

(b) RANSOM MONEY.--Section 1202 of title 18, United States Code, is
amended--
(1) by designating the existing matter as subsection "(a)";
and
(2) by adding the following new subsections:
"(b) A person who transports, transmits, or transfers in interstate or
foreign commerce any proceeds of a kidnapping punishable under State
law by imprisonment for more than 1 year, or receives, possesses,
conceals, or disposes of any such proceeds after they have crossed a
State or United States boundary, knowing the proceeds to have been
unlawfully obtained, shall be imprisoned not more than 10 years, fined
under this title, or both.
"(c) For purposes of this section, the term 'State' has the meaning set
forth in section 245(d) of this title. ".

SEC. 320602. RECEIVING THE PROCEEDS OF A POSTAL ROBBERY.
Section 2114 of title 18, United States Code, is amended--
(1) by striking "whoever" and inserting:
"(a) ASSAULT.--A person who"; and
(2) by adding at the end the following new subsection:
(b) RECEIPT, POSSESSION, CONCEALMENT, OR DISPOSAL OF PROPERTY.--A
person who receives, possesses, conceals, or disposes of any money or
other property that has been obtained in violation of this section,
knowing the same to have been unlawfully obtained, shall be imprisoned
not more than 10 years, fined under this title, or both.".

SEC. 320603. CRIMES BY OR AFFECTING PERSONS ENGAGED IN T~E BUSINESS OF
INSURANCE WHOSE ACTIVITIES AFFECT INTERSTATE COMMERCE.
(a) IN GENERAL.--Chapter 47 of title 18, United States Code, is amended
by adding at the end the following new sections:

361

"~1033. Crimes by or affecting persons engaged in the business of
insurance whose activities affect interstate commerce

"(a)(V Whoever is engaged in the business of insurance whose activities
affect interstate commerce and knowingly, with the intent to deceive,
makes any false material statement or report or willfully and
materially overvalues any land, property or security--
"(A) in connection with any financial reports or documents presented to
any insurance regulatory official or agency or an agent or examiner
appointed by such official or agency to examine the affairs of such
person, and
"(B) for the purpose of influencing the actions of such official or
agency or such an appointed agent or examiner,
shall be punished as provided in paragraph (2).
"(2) The punishment for an offense under paragraph (1) is a fine as
established under this title or imprisonment for not more than 10
years, or both, except that the term of imprisonment shall be not more
than 15 years if the statement or report or overvaluing of land,
property, or security jeopardized the safety and soundness of an
insurer and was a significant cause of such insurer being placed in
conservation, rehabilitation, or liquidation by an appropriate court.
"(b)(l) Whoever--
"(A) acting as, or being an officer, director, agent, or employee of
any person engaged in the business of insurance whose activities affect
interstate commerce, or
"(B) is engaged in the business of insurance whose activities affect
interstate commerce or is involved (other than as an insured or
beneficiary under a policy of insurance) in a transaction relating to
the conduct of affairs of such a business,
willfully embezzles, abstracts, purloins, or misappropriates any of the
moneys, funds, premiums, credits, or other property of such person so
engaged shall be punished as provided in paragraph (2).
"(2) The punishment for an offense under paragraph (1) is a fine as
provided under this title or imprisonment for not more ,than 10 years,
or both, except that if such embezzlement, abstraction, purloining, or
misappropriation described in paragraph (1) jeopardized the safety and
soundness of an insurer and was a significant cause of such insurer
being placed in conservation, rehabilitation, or liquidation by an
appropriate court, such imprisonment shall be not more than 15 years.
If the amount or value so embezzled, abstracted, purloined, or
misappropriated does not exceed $5,000, whoever violates paragraph (1)
shall be fined as provided in this title or imprisoned not more than
one year, or both.
"(c)(1) Whoever is engaged in the business of insurance and whose
activities affect interstate commerce or is involved (other than as an
insured or beneficiary under a policy of insurance) in a transaction
relating to the conduct of affairs of such a business, knowingly makes
any false entry of material fact in any book, report, or statement of
such person engaged in the business of insurance with intent to deceive
any person, including any officer, employee, or agent of such person
engaged in the business of insurance, any insurance regulatory official
or agency, or any agent or examiner ap
362

pointed by such of ficial or agency to examine the affairs of such
per.son, about the financial condition or solvency of Such business
sha~ be punished as provided in paragraph (2). "(2) The punishment for
an offense under paragraph (1) is a fine as provided under this title
or imprisonment for not more tha~ 10 years, or both, except that if the
false entry in any book, report or statement of such person jeopardized
the safety and soundness ~ I an insurer and was a significant cause of
Such inSurer being plac in conservation, rehabilitation, or liquidation
by an appropriaLe court, such imprisonment shall be not more than 15
years. "(d) Whoever, by threats or force or by any threatening letter
or communication, corruptly influences, obstructs, or impedes or en-
deavors corruptly to influence, obstruct, or impede the due and proper
administration of the law under Which any proceeding involving the
business of insurance whose activitieS affect interstate commerce is
pending before any insurance regulatory official or .. agency or any
agent or examiner appointed by Such official or agen-' cy to examine
the affairs of a person engaged in the business of insurance whose
activities affect interstate commerce, shall be fined as provided in
this title or imprisoned not more than 10 years, or both "(e)(l)(A) Any
individual who has been convicted of any crimi nal felony involving
dishonesty or a breach of trust, or who has been convicted of an
offense under this section, and who willfully engages in the business
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of insurance whose activities affect interstate commerce or
participates in such business, shall be fined as provided: in this
title or imprisoned not more than 5 years, or both. "(B) Any individual
who is engaged in the business of insurance whose activities affect
interstate commerce and who willfully permits the participation
described in subparagraph (A) shall be fined as provided in this title
or imprisoned not more than 5 years, or both. "(2) A person described
in paragraph (l)(A) may engage in the business of insurance or
participate in such business if such person has the written consent of
any insurance regulatory official authorized to regulate the insurer,
which consent specifically refers to this subsect~on. "(f) As used in
this section--
"(1) the term 'business of insurance' means--
"(A) the writing of insurance, or
"(B) the reinsuring of risks, by an insurer, including all acts
necessary or incidental to such writing or reinsuring and the
activities of persons who act as, or are, officers, directors, agents,
or employees of insurers or who are other persons authorized to act on
behalf of such persons;
"(2) the term 'insurer' means any entity the business activity of which
is the writing of insurance or the reinsuring of risks, and includes
any person who acts as, or is, an officer, director, agent, or employee
of that business;
"(3) the term 'interstate commerce' means--
"(A) commerce within the District of Columbia, or any
territory or possession of the United States;

363

"(B) all commerce between any point in the state, territory,
possession, or the District of Columbia and any point outside thereof
"(C) all commerce between points within the same state through any
place outside such state; or
"(D) all other commerce over which the United states has jurisdiction;
and
"(4) the term 'state' includes any state, the District of Columbia, the
Commonwealth of Puerto Rico, the Northern Mariana Islands, the virgin
Islands, American Samoa, and the Trust Territory of the Pacific
Islands.

~1034. CiVil penaltie8 and i~Uunctions for violations of section 1033

"(a) The Attorney General may bring a civil action in the approriate
United states district court against any person who enga~es n conduct
constituting an offense under section 1033 and, upon roof of such
conduct by a preponderance of the evidence, such pern shall be subject
to a ciuil penalty of not more than $50,000 for ch violation or the
amount of compensation which the person reiued or offered for the
prohibited conduct, whichever amount is reater. If the offense has
contributed to the decision of a court of ~propriate jurisdiction to
issue an order directing the conseruation, habilitation, or liquidation
of an insurer, such penalty shall be reitted to the appropriate
regulatory official for the benefit of the olicyholders, claimants, and
creditors of such insurer. The imposiion of a civil penalty under this
subsection does not preclude any ther criminal or civil statutory,
common law, or administrative medy, which is available by law to the
United States or any other erson.
"(b) If the Attorney General has reason to believe that a person s
engaged in conduct constituting an offense under section 1033, e
Attorney General may petition an appropriate United States disrict
court for an order prohibiting that person from engaging in uch
conduct. The court may issue an order prohibiting that person om
engaging in such conduct if the court finds that the conduct onstitutes
such an offense. The filing of a petition under this secion does not
preclude any other remedy which is available by law o the United States
or any other person.".
(b) CLERICAL AMENDMENT.--The table of sections for chapter 47 such
title is amended by adding at the end the following new tems:

1033. Crimes by or affecting persons engaged in the business of
insurance whose activities affect interstate commerce.
034. Civil penalties and injunctions for violations of section 1033.".

EC. 3ao604. A~SCELLANEOUS AMENDMENTS TO TITLE 18, UNITED STATES CODE.
(a) TAMPERING WITH INSURANCE REGULATORY PROCEEDINGS.-- ection
161~(a)(1) of title 18, United States Code, is amended-- (1) by
striking "or" at the end of subparagraph (B); (2) by inserting "or" at
the end of subparagraph (C); and (3) by adding at the end thereof the
following new subparagraph:
364

"(D) a proceeding involving the business of insurance whose activities
affect interstate commerce before any insurance regulatory official or
agency or any agent or examiner appointed by such official or agency to
examine the affairs of any person engaged in the business of inSurance
whose activities affect interstate commerce; or".
(b) LIMITATIONS.--Section 3293 of such title is amended by inserting
"1033," after "1014,".
(C) OBSTRUCTION OF CRIMINAL INVESTIGATIONS.--Section 1510 of title 18,
United states Code, is amended by adding at the end the following new
subsection:
"(d)(l) Whoever--
"(A) acting as, or being, an officer, director, agent or em
ployee of a person engaged in the business of insurance whoseactivities
affect interstate commerce, or "(B) is engaged in the business of
insurance whose activities
affect interstate commerce or is involved (other than as an insured or
beneficiary under a policy of insurance) in a transaction relating to
the conduct of affairs of such a business, with intent to obstruct a
judicial proceeding, directly or indirectly notifies any other person
about the existence or contents of a subpoena for records of that
person engaged in such business or information that has been furnished
to a Federal grand jury in response to that subpoena, shall be fined as
provided by this title or imprisoned not more than 5 years, or both.
"(2) As used in paragraph (1), the term 'subpoena for records' means a
Federal grand jury subpoena for records that has been served relating
to a violation of or a conspiracy to violate, section 1033 of this
title.".
SEC. 320605. FEDERAL DEPOSIT INSURANCE ACT AMENDMENT.
Section l9(a) of the Federal Deposit Insurance Act (12 U.S.C. 1829(a))
is amended in paragraph (2)(A)(i)(V--
(1) by striking "or 1956"; and
(2) by inserting "1517, 1956, or 1957".
SEC. 320606. FEDERAL CREDIT UNION ACT AMENDMENTS.
Section 205(d) of the Federal Credit Union Act (12 U.S.C. 1785(d)) is
amended to read as follows:
(d) PROHIBITION.--
(1) IN GENERAL.--Except with prior written consent of the
Board--
"(A) any person who has been convicted of any criminal offense
involving dishonesty or a breach of trust, or has agreed to enter into
a pretrial diversion or similar program in connection with a
prosecution for such offense, may not--
"(i) become, or continue as, an institution-afifiliated
party with respect to any insured credit union; or
"(ii) otherwise participate, directly or indirectly, in
the conduct of the affairs of any insured credit union;
and
"(B) any insured credit union may not permit any person referred to in
subparagraph (A) to engage in any con

365

duct or continue any relationship prohibited under suchsubparagraph.
"(2) MINIMUM 10-YEAR PROHIBITION PERIOD FOR CERTAIN
OFFENSES.--
"(A) IN GENERAL.--If the offense referred to in paragraph (V(A) in
connection with any person referred to in such paragraph is--
"(i) an offense under--
"(U section 215, 656, 657, 1005, 1006, 1007,
1008, 1014, 1032, 1344, 1517, 1956, or 1957 of title
18, United states Code; or
"(IV section 1341 or 1343 of such title which
affects any financial institution (as defined in sec-
tion 20 of such title); or
"(ii) the offense of conspiring to commit any such offense,

the Board may not consent to any exception to the application of
paragraph (1) to such person during the 10-year period beginning on the
date the conviction or the agreement of the person becomes final.
' (B) EXCEPTION BY ORDER OF SENTENCING COURT.--
(i) IN GENERAL.~n motion of the Board, the court in which the
conviction or the agreement of a person referred to in subparagraph (A)
has been entered may grant an exception to the application of paragraph
(1) to such person if granting the exception is in the interest of
justice.
(ii) PERIOD FOR Fn~NG.--A motion may be filed under clause (i) at any
time during the 10-year period described in subparagraph (A) with
regard to the person on whose behalf such motion is made.
(3) PENALTY.--Whoever knowingly violates paragraph (1)
or (2) shall be fined not more than $1,000,000 for each day such
prohibition is violated or imprisoned for not more than 5 years, or
both.".

SEC. 320607. ADDITION OF PREDICATE OFFENSES TO FINANCIAL INSTITUTIONS
REWARDS STATUTE.
Section 3059A of title 18, United States Code, is amended-- (1) by
inserting "225,n after "215"; (2) by striking "or" before "1344"; and
(3) by inserting ", or 1517" after "1344".

SEC. 320608. DEFINITION OF SAVINGS AND LOAN ASSOCIATION" FOR PURPOSES
OF THE OFFENSE OF BANK ROBBERYAND RELATED OFFENSES.
Section 2113 of title 18, United States Code, is amended by adding at
the end the following new subsection:
"(h) As used in this section, the term 'savings and loan association
means--
"(1) a Federal savings association or State savings associa-
tion (as defined in section 3(b) of the Federal Deposit Insurance
Act (12 U.S.C. 1813(b))) having accounts insured by the Federal
Deposit Insurance Corporation; and
366

"(2) a corporation described in section 3(b)(1)(C) of the Federal
Deposit Insurance Act (12 U.S.C. 1813(b)(1)(C)) that is operating under
the laws of the United States.".
SEC. 320609. DEFINITION OF l-YEAR PERIOD FOR PURPOSES OF THE OFFENSE OF
OBSTRUCTION OF A FEDERAL AUDIT. Section 1516(b) of title 18, United
States Code, is amended--
(1) by striking "section the term" and inserting "section--
"(1) the term";
(2) by striking the period at the end and inserting a semicolon; and
(3) by adding at the end the following new paragraph:
"(2) the term 'in any 1 year period' has the meaning given to the term
'in any one-year period' in sect~on 666.".

Subtitle G~afier streets and
Neighborhoods

SEC. 320701. SNORT TITLE.
This subtitle may be cited as the "Safer Streets and Neighborhoods Act
of 1994". SEC. 320702. LllllrTATlON ON GRANT DISTRIBUTION.
(a) AMENDMENT.--Section 510(b) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3760(b)) is amended by
inserting "non-Federal" after "with".
(b) EFFECTIVE DATE.--The amendment made by subsection (a) shall take
effect on October 1, 1994.

Subtitle H--Recreational Hunting Safety

SEC. 320801. SHORT TITLE.
This subtitle may be cited as the "Recreational Hunting Safety and
Preservation Act of 1994".
SEC. 320802. OBSTRUCTION OF A LAWFUL HUNT.
It is a violation of this section intentionally to engage in any
physical conduct that significantly hinders a lawful hunt.
SEC 320803. CIVIL PENALTIES.
(a) IN GENERAL.--A person who violates section 320802 shall be assessed
a civil penalty in an amount computed under subsection (b).
(b) COMPUTATION OF PENALTY.--The penalty shall be--
(1) not more than $10,000, if the violation involved the use
of force or violence, or the threatened use of force or violence,
against the person or property of another person; and
(2) not more than $~,000 for any other violation.
(C) RELATIONSHIP TO OTHER PENALTIES.--The penalties established by thiS
section shall be in addition to other criminal or c~v~l penalties that
may be levied against the person as a result of an activity in
violation of section 320802.
(d) PROCEDURE.--Upon receipt of--
(1) a written complaint from an officer, employee, or agent
of the Forest Service, Bureau of Land Management, National

367

Park Service, United States Fish and Wildlife Service, or other Federal
agency that a person violated section 320802; or
(2) a sworn affidavit from an individual and a determination by the
Secretary that the statement contains sufficient factual allegations to
create a reasonable belief that a violation of section 320802 has
occurred;

the Secretary may request the Attorney General of the United States to
institute a Civil action for the imposition and collection of the civil
penalty under this section.
(e) USE OF PENALTY MONEY COLLECTED.--After deduction of

costS attributable to collection, money collected from penalties shall
be--
(1) deposited into the trust fund established pursuant to the Act
entitled "An Act to provide that the United States shall aid the States
in wildlife-restoration projects, and for other purposes", approved
September 2, 1937 (16 U.S.C. 669) (commonly known as the
"Pitman-Robert30n Wildlife Restoration Act"), to support the activities
authorized by such Act and undertaken by State wildlife management
agencies; or
(2) used in such other manner as the Secretary determines will enhance
the funding and implementation of--
(A) the North American Waterfiowl Management Plan
signed by the Secretary of the Interior and the Minister of
Environment for Canada in May 1986; or
(B) a similar program that the Secretary determines
will enhance wildlife management--
(i) on Federal lands- or
(ii) on private or State-owned lands when the ef
forts will also provide a benefit to wildlife management
obJectives on Federal lands.

SEC. 320804. OTHER RELIEF.

Injunctive relief against a violation of section 320802 may be sought
by--

(1) the head of a state agency with jurisdiction over fish or wzldlzfe
management;
(2) the Attorney General of the United States; or
(3! any person who is or would be adversely affected by the vzolat~on.

SEC. 320805. RELATIONSHIP TO STATE AND LOCAL LAW AND ClVIL ACTIONS.

This subtitle does not preempt a State law or local ordinance that
provides for Civil or criminal penalties for conduct that violates th~s
subtitle.

SEC. 320806. REGULATIONS.

The Secretary may issue such regulations as are necessary to carry out
this subtitle.

SEC. 320807. RULE OF CONSTRUCTION.

Nothing in this subtitle shall be constr~ed to impair a right uaranteed
to a person under the first article of amendment to the Const~tution or
limit any legal remedy for forceful interference with a person's lawful
participation in speech or peaceful assembly.
368

SEC. 320808. DEFINITIONS. As used in this subtitle:
(1) FEDERAL LANDS.--The term 'Federal lands means--
(A) national forests;
(B) public lands;
(C) national parks; and
(D) wildlife refuges.
(2) LAWFUL HUNT.--The term lawful hunt means the tak. ing or harvesting
(or attempted taking or harvesting) of wildlife or fish, on Federal
lands, which--
(A) is lawful under the laws applicable in the place it
occurs; and
(B) does not infringe upon a right of an owner of pri
vate property.
(3) NATIONAL FOREST.--The term national forest meanslands included in
the National Forest System (aS defined in section ll(a) of the Forest
and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1609(a))).
(4) NATIONAL PARK.--The term national park means lands and waters
included in the National Park System (as defined in section 2(a) of the
Act entitled "An Act to facilitate the management of the National Park
System and miscellaneous areas administered in connection with that
system, and for other purposes", approved August 8, 1953 (16 U.S.C.
lc(a))).
(5) PUBLIC LANDS.--The term public lands has the same meaning as is
provided in section 103(e) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1702(e)).
(6) SECRETARY.--The term "Secretary" means--
(A) the Secretary of Agriculture with respect to national
forests; and
(B) the Secretary of the Interior with respect to-- (i) public lands;
(ii) national parks; and (iii) wildlife refuges.
(7) WILDLIFE REFUGE.--The term wildlife refuge" means lands and waters
included in the National Wildlife Refuge System (as established by
section 4 of the National Wildlife Refuge System Administration Act of
1966 (16 U.S.C. 668dd)).
(8) CONDUCT.--The term "conduct" does not include speech protected by
the first article of amendment to the Constitution.

Subtitle I~ther Provisions

SEC. 320901. WIRETAPS. Section 2511(1) of title 18, United States Code,
is amended--
(1) by striking "or" at the end of paragraph (c);
(2) by inserting "or" at the end of paragraph (d); and
(3) by adding after paragraph (d) the following new para~ graph:
"(e)(i) intentionally discloses, or endeavors to disclose, to any other
person the contents of any wire, oral, or electronic communication,
intercepted by means authorized by sections 2511(2)(A)(ii), 2511(b)~C),
2511(e), 2516, and 2518 of this sub

369

chapter, (ii) knowing or having reason to know that the information was
obtained through the interception of such a communication in connection
with a criminal investigation, (iii) having obtained or received the
information in connection with a criminal investigation, and (iv) with
intent to improperly obstruct, impede, or interfere with a duly
authorized criminal investigation, ".

SEC 320902. THEFT OF MAJOR ARTWOR~
(a) OFFENSE.--Chapter 31 of title 18, United States Code, is amended by
adding at the end the following new section:

~668. Theft of major artwork

"(a) DEFINITIONS.--In this section--
"'museum' means an organized and permanent institution the activities
of which affect interstate or foreign commerce, that--
"(A) is situated in the United States;
"(B) is established for an essentially educational or aes
thetic purpose;
"(C) has a professional staff, and
"(D) owns, utilizes, and cares for tangible objects that
are exhibited to the public on a regular schedule.
"'object of cultural heritage' means an object that is--
"(A) over 100 years old and worth in excess of $5,000;
or
"(B) worth at least $100,000."."(b) OFFENSES.--A person who--
"(1) steals or obtains by fraud from the care, custody, or control of a
museum any object of cultural heritage; or
"(2) knowing that an object of cultural heritage has been stolen or
obtained by fraud, if in fact the object was stolen or obtained from
the care, custody, or control of a museum (whether or not that fact is
known to the person), receives, conceals, exhibits, or disposes of the
object,
shall be fined under this title, imprisoned not more than 10 years,

(b) PERIOD OF LIMITATION.--Chapter 213 of title 18, United States Code,
is amended by adding at the end the following new section:

~3294. Theft of major artwork

"No person shall be prosecuted, tried, or punished for a violation of
or conspiracy to violate section 668 unless the indictment is returned
or the information is filed within 20 years after the comm~ssiOn of the
offense.".
(d) TECHNICAL AMENDMENTS.--
(1) CHAPTER 31.--The chapter analysis for chapter 31 of title 18,
United States Code, is amended by adding at the end the following new
item:
~668. Theft of major artwork."

(2) CHAPTER 213.--The chapter analysis for chapter 213 of title 18,
United States Code, is amended by adding at the end the following new
item:
370

'3294. Theft of major artwork.

SEC. 320903. ADDITION OF AlTEMPTED ROBBERY, RrDNAPPING, SMUa GLING, AND
PROPERTY DAMAGE OFFENSES TO EL
NATE INCONSISTENCIES AND GAPS IN COVERAGE.
(a) ROBBERY AND BURGLARY~1) Section 2111 of title 18, United States
Code, is amended by inserting "or attempts to take" after "takes".
(2) Section 2112 of title 18, United States Code, is amended by
inserting "or attempts to rob" after robs .
(3) Section 2114 of title 18, United States Code, is amended by
inserting "or attempts to rob" after "robs".
(b) KIDNAPPING.--Section 1201(d) of title 18, United States Code, is
amended by striking 'l~hoever attempts to violate subsection (a)(4) or
(a)(5)" and inserting 'll~hoever attempts to violate subsectton (a) .
(C) SMUGGLING.--Section 545 of title 18, United States Code, is amended
by inserting "or attempts to smuggle or clandestinely in-: troducen
after "smuggles, or clandestinely introduces .
(d) MALICIOUS MISCHIEF.~1) Section 1361 of title 18, United States
Code, is amended--
(A) by inserting "or attempts to commit any of the foregoing
offenses" before "shall be punished", and
(B) by inserting "or attempted damage" after "damage"
each place ~t appears.
(2) Section 1362 of title 18, United States Code, is amended by
inserting "or attempts willfully or maliciously to injure or destroy"
after "willfully or maliciously injures or destroys".
(3) Section 1366 of title 18, United States Code, is amended-- (A) by
inserting "or attempts to damage" after "damages"
each place it appears;
(B) by inserting "or attempts to cause" after "causes"; and
(C) by inserting "or would if the attempted offense had been
completed have exceeded" after "exceeds" each place it appears.

SEC. 320904. GUN-FREE SCHOOL ZONES.
Section 922(q) of title 18, United States Code, is amended--
(I) by redesignating paragraphs (1), (2), and (3) as para
graphs (2), (3), and (4), respectively; and
(2) by inserting after "(q)" the following new paragraph:"(I) The
Congress finds and declares that--
"(A) crime, particularly crime involving drugs and gunS, is
a pervasive, nationwide problem;
"(B) crime at the local level is exacerbated by the interstate
movement of drugs, guns, and criminal gangs;
"(C) firearms and ammunition move easily in interstate~
commerce and have been found in increasing numbers in and around
schools, as documented in numeroUs hearings in both the Judiciary
Committee of the House of Representatives and
Judiciary Committee of the Senate;
"(D) in fact, even before the sale of a firearm, the gun, it8 component
partS, ammunition, and the raW materials from which they are made have
considerably moved in interstate commerce
"(E) while criminals freely move from State to State, ordnary citizens
and foreign visitors may fear to travel to or

371

through certain parts of the country due to concern about violent crime
and gun violence, and parents may decline to send thetr ch~ldren to
school for the same reason
"(F) the occurrence of violent crime in school zones has resulted in a
decline in the quality of education in our country
"(G) this decline in the quality of education has an adverse impact on
interstate commerce and the foreign commerce of the United States;
"(H) States, localities, and school systems find it almost impossible
to handle gun-related crime by themselves, even States localities, and
school systems that have made strong efforts to prevent, detect, and
punish gun-related crime find their efforts unavazling due in part to
the failure or inability of other States or localities to take strong
measures; and
"(V Congress has power, under the interstate commerce clause and other
provisions of the Constitution, to enact measures to ensure the
integrity and safety of the Nation's schools by enactment of this
subsection. ".

~EC. 320906. INTERSTATE WAGERlNG.
. Section 1301 of title 18, United States Code, is amended by inserting
"or, being engaged in the business of procuring for a person in 1 State
such a ticket, chance, share, or interest in a lottery, gift,
ente~lirise or similar scheme conducted by another State (unless that
busl~lrss is permitted under an agreement between the States in
quest,~n or appropriate authorities of those States), knowingly
tran.~ruts in ~nterstate or foreign commerce information to be used for
t1Z. purpose of procuring such a ticket, chance, share, or interest;'
atter"scheme;".

SEC. .~20906. SENSE OF CONGRESS WITH RESPECT TO VIOLENCE AGAINST
TRUCKERS.
Ir is the sense of Congress that--
~1) when there is Federal jurisdiction, Federal authorities should
prosecute to the fullest extent of the law murders, rapes burglar~es,
kidnappings and assaults committed against commercial truckers; and
(2) appropriate Federal agencies should acknowledge this problem and
place a priority on eualuating how best to prevent these crimes and
apprehend those involved, and continue to coordinate their activities
with multijurisdictional authorities to combat v~olent crimes committed
against truckers.

. 320907. WENSE OE THE SENATE REGARDING A STUDY ON OUT-OE

It is the sense of the Senate that--
(1) the Secretary of Health and Human Services, in consultation With
the National Center for Health Statistics, should prepare an analysis
of the causes of the increase in out-of-wedlock births, and determine
whether there is any historical precedent for such increase, aS well as
any equivalent among foreign nat~Ons, and

(2) the Secretary of Health and Human Services should report to
Congress within 12 months after the date of the enactment of this ACt
on the Secretary's analysis of the out-of-wed
lock problem and its causes, as well as possible remedial meas
ures that could be taken.

SEG 320908. SENSE OF THE SENATE REGARDING THE ROLE OF THEUNITED NATIONS
N INTERNATIONAL ORGANIZED CRI.~E CONTROL.
It is the sense of the Senate that--
(I) the United States should encourage the development of
a United Nations Convention on Organized Crime; and
(2) the United Nations should--
(A) provide significant additional resourceS to the Com
mission on Crime Prevention and Criminal Justice;
(B) consider an expansion of the Commission S role and
authority; and
(C) seek a cohesive approach to the international orga~l,
nized crime problem.

SEC. 320909. OPTIONAL VENUE FOR ESPIONAGE AND RELATED OFFENSES.
(a) IN GENERAL.--Chapter 211 of title 18, United States Code, is
amended by inserting after section 3238 the following new section:

"3239. Optional venue for espiona~Fe and related ot~enses

"The trial for any offense involving a violation, begun or com mitted
upon the high seas or elsewhere out of the jurisdiction of an
particular State or district, of--
"(I) section 793, 794, 798, or section 1030(a)(1) of this tit~
"(2) section 601 of the National Security Act of 1947 (l
U.S.C. 421); or
"(3) section 4(b) or 4(c) of the Subversive Activities Cont~
Act of 1960 (60 U.S.C. 783 (b) or (c));

may be in the District of Columbia or in any other district autho, ized
by law.".
(b) TECHNICAL AMENDMENT.--The item relating to section 323. in the
table of sections of chapter 211 of title 18, United State Code, is
amended to read as follows: "3239. Optional venue for espionage and
related offenses.l'.

SEC. 320910. UNDERCOVER OPERATIONS.
(a) IN GENERAL.--Chapter I of title 18, United States Code, amended by
adding at the end the following new section:

",21. Stolen or counterfeit nature of property for cert~ crimes defined

"(a) Wherever in thiS title it iS an element of an offense that--
"(I) any property was embezzled, robbed, stolen, converted,
taken, altered, counterfeited, falsely made, forged, or obliter-
ated; and
"(2) the defendant knew that the property waS of Such chat-
acter;

such element may be established by proof that the defiendant, a~*r or
as a result of an offficial representation as to the nature of the
property, believed the property to be embezzled, robbed, stolen, con-
verted, taken, altered, counterfeited, falsely made, forged, or
Obliterated.

373

(o ~or purposes of this section, the term 'offficial representation'
meanS any representation made by a Federal law enforcement o~icer (aS
defined in section 116) or by another person at the direction or With
the approval of such an offficer.".
(b) TECHNICAL AMENDMENT.--The table of sections of chapter I of title
18, United States Code, is amended by adding at the end the following
new item:
"21. Stolen or counterfeit nature of proper~y for ce~tain cr~mes
defined".

S~C. 320911. M~SUSE OF INITIALS "DEA".
(a) AMENDMENT.--Section 709 of title 18, United States Code, is
amended--
(I) in the thirteenth unnumbered paragraph by striking
'words--" and inserting "words; or"; and
(2) by inserting after the thirteenth unnumbered paragraph
the following new paragraph:
"A person who, except with the written permission of the Administrator
of the Drug Enforcement Administration, knowingly uses the words 'Drug
Enforcement Administration' or the initials 'DEA' or any colorable
imitation of such words or initials, in connection with any
advertisement, circular, book, pamphlet, software or other publication,
play, motion picture, broadcast, telecast, or other production, in a
manner reasonably calculated to convey the impression that such
advertisement, circular, book, pamphlet, soft~uare or other
publication, play, motion picture, broadcast, telecast,
other production is approued, endorsed, or authorized by the Drug
Enforcement Administration;".
(b) EFFECTIVE DATE.--The amendment made by subsection (a) O,~all become
effective on the date that is 90 days after the date of ~nactment of
this Act.

--C. 320912. DEFINITION OF LIVESTOCK
Section 2311 of title 18, United States Code, is amended by in
;ting after the second paragraph relating to the definition of "catle
the follow~ng new paragraph:
"'liuestock' means any domestic animals raised for home use vnsumption,
or profit, such aS horses, pigs, llamas, goats, fowl, -leep, buffalo,
and cattle, or the carcasses thereof.".

~C. 320913. ASSET FORFEITURE.

(a) AMENDMENT.--Section 524(c)(1) of title 28, United States Code, is
amended--

(I) by redesignating subparagraph (H) as subparagraph (I);
and
(2) by inserting after subparagraph (G) the following new
subparagraph:
"~H) the payment of State and local property taxes on forfeited real
property that accrued between the date of the violation giuing rise ~o
the forfeiture and the date of the forfeiture order; and".
bj APPL1CATION OF AMENDMENT.--The amendment made by subst/(ition (a)
shall apply to all claims pending at the time of or com l~1enced
subsequent to the date of enactment of this Act.
374

SEG 320914. CLARIFICATION OF DEFINITION OP A "COURT OF lWE UNITED
STATES" TO INCLUDE THE DISTRICT COURTS FOR GUAM, THE NORTHERN IIL41UANA
ISLANDS, AND THE V112.

fa) IN GENERAL.--Chapter 1 of title 18, United States Code, zg amended
by adding at the end the following new section:

"23. Court of the United States defined

"As used in this title, except where otherwise expressly provided the
term 'court of the United States' includes the District Court of Guam,
the District Court for the Northern Mariana Islands, and the District
Court of the virgin Islands. ".
(b) TECHNICAL AMENDME T.--The chapter analysis for chapter 1 of title
18, United States Code, is amended by adding at the end the followin~
new item:
~23. Court of the United States defined "

SEC. 3aosls. LAW ENFORCEA~ENT PERSONNEL.
It is the sense of the Senate that law enforcement personnel should not
be reduced and calls upon the President of the United States to exempt
Federal law enforcement positions from Executive Order 12839 and other
Executive memoranda mandating reductions in the Federal workforce.

SEC. 320916. AUTHORITY TO INVESTIGATE VIOLENT CRIMES AGAINST TRAVELERS.
fa) IN GENERAL.--Chapter 33 of title 28, United States Code, i8 amended
by adding at the end the following new section:

",540A. Investigation of vioZent crimes against travelers

"(a) IN GENERAL.--At the request of an appropriate law enforcement
official of a State or political subdivision, the Attorney General and
Director of the Federal Bureau of Investigation may assist in the
investigation of a felony crime of violence in violation of the law of
any State in which the victim appears to have been selected because he
or she is a traveler.
(b) FOREIGN TRAVELE~S.--In a case in which the traveler who is a victim
of a crime described in subsection (a) is from a foreign nation, the
Attorney General and Director of the Federal Bureau of Investigation,
and, when appropriate, the Secretary of State shall assist the
proseCuting and law enforcement officials of a State or political
subdivision to the fullest extent possible in securing from abroad such
evidence or other information as may be needed for the effective
investigation and prosecution of the crime.
(C) DEFINITIONS.--In this section--
"'felony crime of violence' means an offense punishable by
more than one year in prison that has aS an element the use, attempted
USe, or threatened use of physical force against the person of another.
"'State' meanS a State, the District of Columbia, and any
commonwealth, territory, or possession of the United States.
"'traveler' means a victim of a crime of violence who is not
a resident of the State in which the crime of violence occurred.~ (b)
TECHNICAL AMENDMENT.--The chapter analysis for chapter 33 of title 28,
United States Code, is amended by adding at the end the followin~ new
item:

375

~540~ Inuestzgatzon of violent crirlZes agairlst trauelers.". SEC
3aosl7. EXTENSION OF STATUTE OF LIMITATIONS FOR ARSON.
(a) IN GENE~2AL.--Section 844(i) of title 18, United States Code, is
amended by adding at the end the following: "No person shall be
prosecuted, tried, or punished for any noncapital offense under this
subsection unless the indictment is found or the information is insti-
tuted within 7 yearS after the date on which the offense was commit'
ted.".
(b) APPLICATION OF AMENDMENT.--The amendment made by subsection (a)
shall not apply to any offense described in the amendment that waS
committed more than 5 years prior to the date of enactment of this Act.
SEC. 380918 SENSE OF CONGRESS CONCERNING CHILD CUSTODY AND VISITATION
RIGHTS.
It is the sense of the Congress that in determining child custody and
visitation rights, the courts should take into consideration the
history of drunk driving that any person involved in the determination
may have.
SEC 320919. EDWARD BYRNE MEMORL4L FORMULA GRANT PROGRAM. Nothing in
this Act shall be construed to prohibit or exclude the expenditure of
appropriations to grant recipients that would have been or are eligible
to receive grants under subpart 1 of part E of the Omnibus Crime
Control and Safe Streets Act of 1968.
SEC. 320920. SENSE OF THE SENATE REGARDING LAW DAY U.S.A.
It is the sense of the Senate that in celebration of "Law Day, U.S.A.",
May 1, 1995, the grateful people of this Nation should give special
emphasis to all law enforcement personnel of the United States, and the
grateful people of this Nation should acknowledge the unflinching and
devoted service law enforcement personnel perform as such personnel
help preserve domestic tranquillity and guarantee the legal rights of
all individuals of this Nation.
SEC. 320921. FIRST TIME DOMESTIC VIOLENCE OFFENDER REHABILITATION
PROGRAM.
(a) SENTENCE OF PROBATION.--Section 3561 of title 18, United States
Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting the following new subsection after sub
sectzon (a):
"(b) DOMESTIC VIOLENCE OFFENDERS.--A defendant who hasbeen convicted
for the first time of a domestic violence crime shall be sentenced to a
term of probation if not sentenced to a term of imprisonment. The term
'domestic violence crime' means a crime of violence for Which the
defendant may be prosecuted in a court of the United States in Which
the victim or intended victim is the spouse, former spoUse, intimate
partner, former intimate partner, child, or former Child of the
defendant, or any relative defiendant, child, or former Child of the
defendant, or any other relative of the defendant.".
(b) CONDITIONS OF PROBATION.--Section 3563(a) of title 18, United
States Code, is amended by--
(1) striking "and" at the end of paragraph (2)
(2) striking the period at the end of paragraph (3) and in
serting ', and"; and
376

(3) by inserting the following new paragraph:
"(4) for a domestic violence crime as defined in section3561(b) by a
defendant convicted of Such an offense for the first time that the
defiendant attend a pUblic, private, or private nonprofit ofifender
rehabilitation program that has been approved by the court, in
consultation with a State Coalition Against Domestic Violence or other
appropriate expertS, if an approved program is readily available within
a 50-mile radius of the legal residence of the defendant. ".
(c) SUPERVISED RELEASE.--Section 3583 of title 18, United States Code,
is amended--
(1) in subsection (a) by inserting "or if the defendant has been
convicted for the first time of a domestic violence crime as defined in
section 3561(b)" after "statute"; and
(2) in subsection (d) by inserting the following after the first
sentence: "The court shall order as an explicit condition of supervised
release for a defiendar~t convicted for the first time of a domestic
violence crime as defined in section 3561(b) that the defendant attend
a public, private, or private nonprofit offender rehabilitation program
that has been approved by the court, in consultation with a State
Coalition Against Domestic Violence or other appropriate experts, if an
approved program is readily available within a 50-mile radius of the
legal residence of the defendant.".

SEC. 320922. DISPLAY OF FLAGS AT HALFSTAFF.
(a) PUBLIC LAW 87-726.--The first section of Public Law 87726 (36
U.S.C. 167) is amended--
(1) by striking "(2)" and inserting "(3)";
(2) by inserting after clause (1) the following new clause: "(2)
directing the officials of the Government to display at halfstaff the
flag of the United States on all Government buildings on such day, as
provided by section 3(m) of the Act of June 22, 1942 (Chapter 435; 56
Stat. 377; 36 U.S.C. 175),";
(3) by striking "(3)" and inserting "(4)"; and
(4) by inserting in paragraph (4) " including the display at half-staff
of the flag of the United States" after "activities".
(b) ACT OF JUNE 22, 1942.--Section 3(m) of the Act of June 22, 1942
(Chapter 435; 56 Stat. 377; 36 U.S.C. 175) is amended by inserting "The
flag shall be flown at half-staff on Peace Ofificers Memorial Day,
unless that day is also Armed Forces Day." after "a Member of
Congress.".

SEC. 320923. FINANCL4L INSTITUTION FRAUD.
Section 528 of Public Law 101-509, approved November 5, 1990, is
amended by striking "With the authority of the Resolution Trust
Corporation or its SUCCeSSor" at the end of subsection (b)(2) and
inserting "on December 31, 2004".

SEC. 320924. DEFINITION OF "PARENT" FOR THE PURPOSES OF T~ OFFENSE OF
KIDNAPPING.
Section 1201 of title 18, United StateS Code, is amended by adding at
the end the following new subsection:
"(h) As used in this section, the term 'parent' does not include a
person whose parental rights With respect to the victim of an of

377

fense under this section have been terminated by a final courtorder. .

.~-EC. 320925. NATIONAL CENTER FOR CRlMlNAL JUSTICE RESEARCH AND
EDUCATION.
~a) ESTABLISHMENT.--The Attorney General shall establish, at a
qualified institution of post-secondary education, a National Center
for Criminal Justice Research and Education (referred to as the
"Center") as a meanS of developing, demonstrating, and implementing
model criminal justice practices and policies.
(b) PROGRAM AND ACTIVITIES.--The Center, under guidelines established
by the Attorney General, shall--
(1) provide criminal justice, drug treatment, and correctional
education related research and development, instruction, techn~cal
assistance, and training, evaluation, and demonstration activities
involving the 5 existing and approved Federal, State, and county
correctional facilities in Jefferson County Texas, as a means of
demonstrating effective model programs, polic~es, and practices
suitable for replication throughout the Un~ted States;
(2) carry out a program of research, development, demonstration,
evaluation, education, training, and technical assistance involving
applicable innovative technologies and approaches; and
(3) provide appropriate pre-employment and continuing education
programs and services to the personnel of the participating
correctional facilities, and when appropriate, other agenczes.
(c) ACCEPTANCE OF SUPPORT.--The Center shall be authorized . accept
funding, in-kind services, and other forms of support from
. rlvate and public agencies to carry out its purposes under this sec-
~on.
, (d) GENERAL AUTHORITIES.--The Attorney General may issue uidel~nes,
make grants, and enter into contracts and cooperative greements with
States, units of local government, Indian tribal overnments, and other
public and private entities or individuals as ppropriate to carry out
this section.
(e) REVOCATION OR SUSPENSION OF FUNDING.--The Attorney ,eneral may
revoke or suspend funding in whole or in part, if the ec~pient of
Federal assistance under this section is not in substan~1 compliance
with the terms or requirements of any applicable rant, contract, or
cooperative agreement.
(f) DEFINITION.--In this section, "qualified institution of post-
~condary education" meanS a university system-related institution
. nth experience and currently active in criminal justice related edu-
~ttonal actiV~t~eS, located in Jefferson County, Texas.
(g) AUTHORIZATION OF APPROPRIATIONS.--There are authorized be
appropriated to carry out this section--
$10,000,000 for fiscal year 1995; to remain available until expended.

EC. 320926. ~ATE CIUME STATISTICS ACT

Subsection (b)(l) of the first section of the Hate Crime Statistics ctl
(28 U.S.C. 534 note) is amended by inserting "disability," after
378

SEC. 320927. EXEMPTION FROM BRADY BACKGROUND CHECK RE. QUIREUElVT OF
RETURN OF HAlVDGUlV q~ OWlVER
Section 922(s)(1) of title 18, United states Code, is amended in, the
first sentence by inserting "(other than the return of a handgun to the
person from whom it was received)" after "handgun".
SBC. 320928. All~ENDMENT OF THE NATIONAL CHILD PROTECTION ACT OF 1993.
(a) PROTECTION OF THE ELDERLY AND INDIVIDUALS WITH DISABILITIES.--
(1) BACKGROUND CHECKS.--Section 3(a)(1) of the National Child
Protection Act of 1993 (42 U.S.C. 6119a) is amended by striking "an
individual's fitness to have responsibility for the safety and
well-being of children" and inserting "the providerJs fitness to have
responsibility for the safety and well-being of children, the elderly,
or individuals with disabilities".
(2) GUIDELINES.--Section 3(b) of the National Child Protec
tion Act of 1993 (42 U.S.C. 5119b(b)) is amended--
(A) in paragraph (V(E)--
(i) by striking "child" the first place it appears and
inserting "person"; and
(ii) by striking "child" the second place it appears;
and
(B) in paragraph (4) by striking "an individual's fit
ness to have responsibility for the safety and well-being of children"
and inserting "the provider's fitness to have responsibility for the
safety and well-being of children, the elderly, or individuals with
disabilities".
(3) DEFINITION OF CARE.--Section 5 of the National Child
Protection ACt of 1993 (42 U.S.C. 5119c(5)) is amended--
(A) by amending paragraph (5) to read as follows:
"(5) the term 'care' means the provision of care, treatment,
education, training, instruction, supervision, or recreation to
children, the elderly, or individuals with disabilities,"; and
(B) in paragraph (8) by striking "child care" each place
it appears and inserting "care".
(b) INFORMATION REQUIRED To BE REPORTED.--Section 2(a) o the National
Child Protection ACt of 1993 (42 U.S.C. 5119(a)) is amended by adding
at the end "A criminal justice agency may sat~isfy the requirement of
this subsection by reporting or indexing all felony and serious
misdemeanor arrests and dispositions.".
(C) CLARIFICATION OF IMMUNITY PROVISION.--Section 3(d) of the~ National
Child Protection Act of 1993 (42 U.S.C. 5119a(d)) is amended by
inserting "(other than itselp" after "failure of a qualified entity".
(d) DEFRAYMENT OF COSTS TO VOLUNTEERS OF CoNDucTING BACKGROUND CHECKS.-
-Section 4(b) of the National Child Protection Act of 1993 (42 U.S.C.
5119b(b)) is amended--
(1) by striking "and" at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D)
and inserting "; and"; and
(3) by adding at the end the following new subparagraph:
"(E) to assist the State in paying all or part of the cost to
the State of conducting background checks on personS who ar~-
employed by or volunteer With a public, not-for-profit, or vol-

379

untary qualified entity to reduce the amount of fees charged for such
background checks.".
(e) FEES.--Section 3(e) of the National Child Protection Act of 1 993
is amended by striking "the actual cost" and inserting "eightn dollars,
respectively, or the actual cost, whichever is less,".
(f) COSTS OF THE FBI.--Funds authorized to be appropriated to e Federal
Bureau of Investigation under section l90001(c) of this ~t may be used
to pay all or part of the cost to the Federal Bureau
. Investigation of carrying out the National Child Protection Act of .
993, including the cost of conducting background checks on per. ns who
are employed by or volunteer with a public, not-for-profit, voluntary
qualified entity to reduce the amount of fees charged such background
checks.
(g) GUIDELINES.--
(1) IN GENERAL.--The Attorney General, in consultation with Federal,
State, and local officials, including officials respons~ble for
crim~nal history record systems, and representatives of public and
private care organizations and health, legal and social welfare
organizations, shall develop guidelines for the adoption of appropriate
safeguards by care providers and by States for protecting children, the
elderly, or individuals with disabilities from abuse.
(2) MATTERS TO BE ADDRESSED.--In developing guidelines under paragraph
(1), the Attorney General shall address the availability, cost,
timeliness, and effectiveness of criminal history background checks and
recommend measures to ensure that fees for background checks do not
discourage volunteers from participating in care programs.
(3) DISSEMINATION.--The Attorney General shall, subject to the
availability of appropriations, disseminate the guidelines to State and
local officials and to public and private care providers.
(h) CHANGE OF REPORT DEADLINE.--Section 2(f)(2) of the Nanal Child
Protection Act of 1993 (42 U.S.C. 5119(f)(2)) is amendby striking "1
year" and inserting "2 years".
(i) CHANGE OF IMPLEMENTATION DEADLINE.--Section 2(b)(2)(A) the National
Child Protection Act of 1993 (42 U.S.C. l9(b)(2)(A)) is amended by
striking "3 years" and inserting "5

~j) DEFINITION OF CHILD ABUSE CASES AND INDIVIDUALS WITH ;ABILITIES,--
Section 5 of the National Child Protection Act of 93 (42 U.S.C. 5119c)
is amended--
(1) by redesignating paragraph (6), (7), (8), and (9) as paragraph (8),
(9), (10), and (11), respectively; and
(2) by inserting after paragraph (5) the following new paragraphs:
"(6) the term 'identifiable child abuse crime case' means a case that
can be identified by the authorized criminal justice agency of the
State aS involving a Child abuse crime by reference to the statutory
citation or descriptive label of the crime . as it appearS in the
criminal history record;
"(7) the term 'individuals with disabilities' means persons with a
mental or physical impairment who require assistance to perform one or
more daily living tasks;".
380

SEC. 3aos2s. TENNESSEE VALLEY AUTHORllY LAW ENFoRcEAIEN~ PERSONNEL.
The Tennessee Valley Authority ACt of 1933 (16 U.S.C. 831 e~ seq.) is
amended by inserting after section 4 the following new SBCtion:
"SEC. 4A. LAW ENFORCEMENT.~a) DESIGNATION OF LAW E FORCEMENT AGENTS.--
The Board may designate employees of t, corporation to act as law
enforcement agents in the area of jurisdi tion described in subsection
(c).
(b) DUTIES AND POWERS.--
"(I) DUTIES.--A law enforcement agent designated und,, subsection (a)
shall maintain law and order and protect pe~sons and property in the
area of jurisdiction described in subsection (c) and protect property
and officials and employees of the corporation outside that area.
"(2) POWERS.--In the performance of duties described iA~ paragraph (1),
a law enforcement agent designated under s
section (a) may--
"(A) make arrests without warrant for any offe~ against the United
States committed in the agent's pr ence, or for any felony cognizable
under the laws of j United States if the agent has probable caUse to
belieue: that the person to be arrested has committed or is commi~~ting
such a felony;
"(B) execute any warrant or other process issued by Q court or officer
of competent jurisdiction for the enforcemer~t of any Federal law or
regulation issued pursuant to law ir~ connection with the investigation
of an offense described in subparagraph (A);
"(C) conduct an investigation of an offense descr~bed 7n subparagraph
(A) in the absence of investigation of the offense by any Federal law
enforcement agency having investigative jurisdiction over the offense
or with the concurre
of that agency; and
"(D) carry firearms in carrying out any activity scribed in
subparagraph (A), (B), or (C).
(C) AREA OF JURISDICTION.--A law enforcement agent ignated under
subsection (a) shall be authorized to exercise the enforcement duties
and powers described in subsection (b)-- "(I) on any lands or
facilities owned or leased by the poration or within such adjoining
areas in the vicinities of
lands or facilities as may be determined by the board u
subsection (e); and
"(2) on other lands or facilities--
"(A) when the person to be arrested is in the proce~ fleeing from such
lands, facilities, or adjoining area avoid arrest;
"(B) in conjunction with the protection of propert officials or
employees of the corporation on or within la7,
;7;~          h~ !D A71~n~ r ~o~c~7A h~ th~? C
o; facilities other than those owned or leased by the corporation; or
"(C) in cooperation with other Federal, State, or lo law enforcement
agencies.

381

"(d) FEDERAL INVESTIGATIVE JURISDICTION AND STAYE CIVIL AND CRIMINAL
JURISDICTION NOT PREEMPTED.--Nothing in this section shall be construed
to--
"(I) limit or restrict the investigative jurisdiction of any Federal
law enforcement agency; or
"(2) affect any right of a State or a political subdivision thereof to
exercise civil and criminal jurisdiction on or within lands or
facilities owned or leased by the corporation.
"(e) DETERMINATION OF ADJOINING AREAS.--
N GENERAL.--The board shall determine and may from tlme-to-time modify
the adjoining areas for each facility or particular area of land, or
for individual categories of such facilities or lands, for the purposes
of subsection (c)(l).
"(2) NOTICE.--A notice and description of each adjoining area
determination or modification of a determination made under paragraph
(1) shall be published in the Federal Register. "(f) QUALIFICATIONS AND
TRAINING.--The board, in consultation
~th the Attorney General, shall adopt qualification and training
~ndards for law enforcement agents designated under subsection

~c "(g) RELATION TO OTHER LAW.--A law enforcement agent des, ignated
under subsection (a) shall not be considered to be a law enfiorcement
officer of the United States for the purposes of any other law, and no
law enforcement agent designated under subsection (a) or other employee
of the corporation shall receive an increase in compensation solely on
account of this section.
(h) RELATIONSHIP WITH ATTORNEY GENERAL.--The duties and powers of law
enforcement agents designated under subsection (a) that are described
in subsection (b) shall be exercised in accordance with guzdelines
approved by the Attorney General."
SEC. 320930. CRIMINAL JUSTICE AND SUBSTANCE ABUSE TREATMENT

(a) ESTABLISHMENT.--The Attorney General shall establish a imlnal
Justlce and Substance Abuse Treatment and Prevention lining Center
(referred to as the "Center") to develop and implent a program for
training dislocated defense industry-related rkers for careers in law
enforcement, substance abuse treatment counseling, and related criminal
justice fields, and to carry out other activities as may be required,
such as creating a model base on related innovative and cost-effective
distance learning niques and technologies or facilitating placement of
trainees graduates.
(b) OPERATION.--The Center and its programs shall be operated a
consortium of not fewer than 2 qualified institutions of postondary
education.
C) PROGRAM AND ACTIVITIES.--The Center, under guidelines es~llshed by
the Attorney General, shall--
(1) provide criminal justice and substance abuse treatment training,
related research and development, instruction, technical assistance,
evaluation, and demonstration activities involving the dislocated
defense workers;
(2) establish a program of research, development, demonstrationJ
evaluation, education, training, and technical as
382

sistance inuolving applicable innouatiue technologies and approaches;
and
(3) prouide such training and continuing education pr
grams and services to dislocated defense industry workers.
(d) ACCEPTANCE OF SUPPORT.--The Center shall be authori2 _ to accept
funding, in-kind services, and other forms of support fro~7~ private
and public agencies to carry out its purposes under this sec-, tion.
(e) COORDINATION OF ACTIVITIES.--All actiuities of the Center shall be
coordinated with other appropriate and related Federal, federally
assisted, State, Indian tribal, local, and private nonprofit actiuities
to auoid duplication of effort.
(f) GENERAL AUTHORITIES.--The Attorney General may iSsue guidelines and
make grants, enter into contractS and Cooperative agreements with
States, units of local government, Indian tribal governments, and other
public and private entitieS or individuals as appropriate to carry out
this section.
(g) REVOCATION OR SUSPENSION OF FUNDING.--The Attorney~ General may
revoke or suspend funding in whole or in part if the recipient of
Federal assistance under this section is not in substantial compliance
with the terms or requirementS of any applicable grant, contract, or
cooperatiue agreement.
(h) DEFINITION.--In this section qualified institution of postsecondary
education" means a university system-related institution or college
with experience and currently actiue in criminal justice related
educational actiuities, located in Jefferson County, Texas, or in the
uicinity of Huntsuille, Texas.
(i) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be
appropriated to carry out this section--
,~1,000,000 for fiscal year 1995.

SEC. 320932. ASSISTANT UNITED STATES ATtORNEY RESIDENCY.
Section 545(a) of title 28, United States Code, is amended--
(1) by striking "and assistant United States attorney"; and
(2) by inserting the following after the first sentence: "Each
assistant United States attorney shall reside in the district for
which he or she is appointed or within 25 miles thereof.".

SEC. 320933. LABELS ON PRODUCTS.
To the extent any person introduces, delivers for introduction, sells,
aduertises, or offers for sale in commerce a product With a "Made in
the U.S.A." or "Made in America" label, or the equiualent thereof, in
order to represent that such product was in whole or substantial part
of domestic origin, such label shall be consistent With decisions and
orders of the Federal Trade Commission issued pursuant to section 5 of
the Federal Trade Commission ACt. ThiS section only applies to Such
labels. Nothing in thiS section shall preclude the application of other
prouisions of law relating to labeling. The Commission may periodically
consider an appropriate percentage of imported components which may be
included in the product and still be reasonably consistent With Such
decisions and orders. Nothing in this section shall preclude Use of
Such labels for products that contain imported components under the
label when the label also discloses Such information in a clear and
conspiCuous manner. The Commission shall administer this section
pursuant to section 5

                                             383

of the Federal Trade Commission Act and may from time to time ~issue
rules pursuant to section 553 of Title 5, United States Code for such
purpose. If a rule is issued, such violation shall be treated
~by the Commission as a violation of a rule under section 18 of the
t~Federal Trade Commissions Act (15 U.S.C. 57a) regarding unfair or
deceptiue actS or practiceS. ThiS section shall be effective upon
publication in the Federal Register of a Notice of the provisions of
this section- The Commission shall publish such notice within six
months after the enactment of this section.
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