TITLE XXXII-MISCELLANEOUS Sections 320916-320935 SEC. 320916. AUTHORITY TO INVESTIGATE VIOLENT CRIMES AGAINST TRAVELERS. (a) In General .-Chapter 33 of title 28, United States Code, is amended by adding at the end the following new section: " 540A. Investigation of violent 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 Travelers .-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 following new item: "540A. Investigation of violent crimes against travelers.". SEC. 320917. EXTENSION OF STATUTE OF LIMITATIONS FOR ARSON. (a) In General .-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 instituted within 7 years after the date on which the offense was committed.". (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. 320918. 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 MEMORIAL 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 subsection (a): "(b) Domestic Violence Offenders .- A defendant who has been 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 defendant, 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 inserting "; and"; and (3) by inserting the following new paragraph: "(4) for a domestic violence crime as defined in section 3561(b) by a defendant convicted of such an offense for the first time that the defendant attend a public, private, or private non-profit 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.". (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 defendant 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 87-726 (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 Officers Memorial Day, unless that day is also Armed Forces Day." after "a Member of Congress.". SEC. 320923. FINANCIAL 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 THE 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 offense under this section have been terminated by a final court order.". SEC. 320926. HATE CRIME STATISTICS ACT. Subsection (b)(1) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note) is amended by inserting "disability," after "religion,". SEC. 320927. EXEMPTION FROM BRADY BACKGROUND CHECK REQUIREMENT OF RETURN OF HANDGUN TO OWNER. 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". SEC. 320928. AMENDMENT 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. 5119a) is amended by striking "an individual's fitness 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". (2) Guidelines .-Section 3(b) of the National Child Protection Act of 1993 (42 U.S.C. 5119b(b)) is amended- (A) in paragraph (1)(E)- (i) by striking "child" the first place it appears and inserting "person"; and (ii) by striking "child" the second place it appears; and [*H8862] (B) in paragraph (4) by striking "an individual's fitness 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) of 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 satisfy 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 itself)" 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 are employed by or volunteer with a public, not-for-profit, or voluntary 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 1993 is amended by striking "the actual cost" and inserting "eighteen dollars, respectively, or the actual cost, whichever is less,". (f) Costs of the FBI .-Funds authorized to be appropriated to the Federal Bureau of Investigation under section 190001(c) of this Act may be used to pay all or part of the cost to the Federal Bureau of Investigation of carrying out the National Child Protection Act of 1993, including the cost of conducting background checks on persons who are employed by or volunteer with a public, not-for-profit, or voluntary qualified entity to reduce the amount of fees charged for such background checks. (g) Guidelines .- (1) In general .-The Attorney General, in consultation with Federal, State, and local officials, including officials responsible for criminal 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 National Child Protection Act of 1993 (42 U.S.C. 5119(f)(2)) is amended by striking "1 year" and inserting "2 years". (i) Change of Implementation Deadline .-Section 2(b)(2)(A) of the National Child Protection Act of 1993 (42 U.S.C. 5119(b)(2)(A)) is amended by striking "3 years" and inserting "5 years". (j) Definition of Child Abuse Cases and Individuals With Disabilities .-Section 5 of the National Child Protection Act of 1993 (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;". SEC. 320929. TENNESSEE VALLEY AUTHORITY LAW ENFORCEMENT PERSONNEL. The Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et seq.) is amended by inserting after section 4 the following new section: " Sec. 4A. Law Enforcement .-(a) Designation of Law Enforcement Agents .-The Board may designate employees of the corporation to act as law enforcement agents in the area of jurisdiction described in subsection (c). "(b) Duties and Powers .- "(1) Duties .-A law enforcement agent designated under subsection (a) shall maintain law and order and protect persons 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 in paragraph (1), a law enforcement agent designated under subsection (a) may- "(A) make arrests without warrant for any offense against the United States committed in the agent's presence, or for any felony cognizable under the laws of the United States if the agent has probable cause to believe that the person to be arrested has committed or is committing such a felony; "(B) execute any warrant or other process issued by a court or officer of competent jurisdiction for the enforcement of any Federal law or regulation issued pursuant to law in connection with the investigation of an offense described in subparagraph (A); "(C) conduct an investigation of an offense described in 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 concurrence of that agency; and "(D) carry firearms in carrying out any activity described in subparagraph (A), (B), or (C). "(c) Area of Jurisdiction .-A law enforcement agent designated under subsection (a) shall be authorized to exercise the law enforcement duties and powers described in subsection (b)- "(1) on any lands or facilities owned or leased by the corporation or within such adjoining areas in the vicinities of such lands or facilities as may be determined by the board under subsection (e); and "(2) on other lands or facilities- "(A) when the person to be arrested is in the process of fleeing from such lands, facilities, or adjoining areas to avoid arrest; "(B) in conjunction with the protection of property or officials or employees of the corporation on or within lands or facilities other than those owned or leased by the corporation; or "(C) in cooperation with other Federal, State, or local law enforcement agencies. "(d) Federal Investigative Jurisdiction and State Civil and Criminal Jurisdiction Not Preempted .- Nothing in this section shall be construed to- "(1) 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 .- "(1) In general .-The board shall determine and may from time-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)(1). "(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 with the Attorney General, shall adopt qualification and training standards for law enforcement agents designated under subsection (a). "(g) Relation to Other Law .-A law enforcement agent designated under subsection (a) shall not be considered to be a law enforcement 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 guidelines approved by the Attorney General.". 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, advertises, or offers for sale in commerce a product with a "Made in the U.S.A." or "Made in America" label, or the equivalent 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 provisions 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 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 Federal Trade Commissions Act (15 U.S.C. 57a) regarding unfair or deceptive 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. [*H8863] SEC. 320934. NON-DISCHARGEABILITY OF PAYMENT OF RESTITUTION ORDER. Section 523(a) of title 11, United States Code, is amended- (1) by striking "or" at the end of paragraph (11); (2) by striking the period at the end of paragraph (12) and inserting "; or"; and (3) by adding at the end the following new paragraph: "(13) for any payment of an order of restitution issued under title 18, United States Code." SEC. 320935 ADMISSIBILITY OF EVIDENCE OF SIMILAR CRIMES IN SEX OFFENSE CASES. (a) The Federal Rules of Evidence are amended by adding after Rule 412 the following new rules: "Rule 413. Evidence of Similar Crimes in Sexual Assault Cases "(a) In a criminal case in which the defendant is accused of an offense of sexual assault, evidence of the defendant's commission of another offense or offenses of sexual assault is admissible, and may be considered for its bearing on any matter to which it is relevant. "(b) In a case in which the Government intends to offer evidence under this rule, the attorney for the Government shall disclose the evidence to the defendant, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered, at least fifteen days before the scheduled date of trial or at such later time as the court may allow for good cause. "(c) This rule shall not be construed to limit the admission or consideration of evidence under any other rule. "(d) For purposes of this rule and Rule 415, "offense of sexual assault" means a crime under Federal law or the law of a State (as defined in section 513 of title 18, United States Code) that involved- "(1) any conduct proscribed by chapter 109A of title 18, United States Code; "(2) contact, without consent, between any part of the defendant's body or an object and the genitals or anus of another person; "(3) contact, without consent, between the genitals or anus of the defendant and any part of another person's body; "(4) deriving sexual pleasure or gratification from the infliction of death, bodily injury, or physical pain on another person; or "(5) an attempt or conspiracy to engage in conduct described in paragraph (1)-(4). "Rule 414. Evidence of Similar Crimes in Child Molestation Cases "(a) In a criminal case in which the defendant is accused of an offense of child molestation, evidence of the defendant's commission of another offense or offenses of child molestation is admissible, and may be considered for its bearing on any matter to which it is relevant. "(b) In a case in which the Government intends to offer evidence under this rule, the attorney for the Government shall disclose the evidence to the defendant, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered, at least fifteen days before the scheduled date of trial or at such later time as the court may allow for good cause. "(c) This rule shall not be construed to limit the admission or consideration of evidence under any other rule. "(d) For purposes of this rule and Rule 415, "child" means a person below the age of fourteen, and "offense of child molestation" means a crime under Federal law or the law of a State (as defined in section 513 of title 18, United States Code) that involved- "(1) any conduct proscribed by chapter 109A of title 18, United States Code, that was committed in relation to a child; "(2) any conduct proscribed by chapter 110 of title 18, United States Code; "(3) contact between any part of the defendant's body or an object and the genitals or anus of a child; "(4) contact between the genitals or anus of the defendant and any part of the body of a child; "(5) deriving sexual pleasure or gratification from the infliction of death, bodily injury, or physical pain on a child; or "(6) an attempt or conspiracy to engage in conduct described in paragraphs (1)-(5). "Rule 415. Evidence of Similar Acts in Civil Cases Concerning Sexual Assault or Child Molestation "(a) In a civil case in which a claim for damages or other relief is predicated on a party's alleged commission of conduct constituting an offense of sexual assault or child molestation, evidence of that party's commission of another offense or offenses of sexual assault or child molestation is admissible and may be considered as provided in Rule 413 and Rule 414 of these rules. "(b) A party who intends to offer evidence under this Rule shall disclose the evidence to the party against whom it will be offered, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered, at least fifteen days before the scheduled date of trial or at such later time as the court may allow for good cause. "(c) This rule shall not be construed to limit the admission or consideration of evidence under any other rule." (b) Implementation.- The amendments made by subsection (a) shall become effective pursuant to subsection (d). (c) Recommendations by Judicial Conference.- Not later than 150 days after the date of enactment of this Act, the Judicial Conference of the United States shall transmit to Congress a report containing recommendations for amending the Federal Rules of Evidence as they affect the admission of evidence of a defendant's prior sexual assault or child molestation crimes in cases involving sexual assault and child molestation. The Rules Enabling Act shall not apply to the recommendations made by the Judicial Conference pursuant to this section. (d) Congressional Action. - (1) If the recommendations described in subsection (c) are the same as the amendments made by subsection (a) then the amendments made by subsection (a) shall become effective 30 days after the transmittal of the recommendations. (2) If the recommendations described in subsection (c) are different than the amendments made by subsection (a), the amendments made by subsection (a) shall become effective 150 days after the transmittal of the recommendations unless otherwise provided by law. (3) If the Judicial Conference fails to comply with subsection (c), the amendments made by subsection (a) shall become effective 150 days after the date the recommendations were due under subsection (c) unless otherwise provided by law. (e) Application.- The amendments made by subsection (a) shall apply to proceedings commenced on or after the effective date of such amendments.