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Violent Crime Act 1994
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-------------------------------------------------------------------------------
103d Congress 2d Session
HOUSE OF REPRESENTATIVES
Report 103-711
-----------------------------------------------------------------------------
VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994
----------
CONFERENCE REPORT
to Accompany
H.R. 3355
August 21, 1994.--Ordered to be printed
----------
103d Congress 2d Session
HOUSE OF REPRESENTATIVES
Report 103-711
-----------------------------------------------------------------------------
VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994
----------
CONFERENCE REPORT
to Accompany
H.R. 3355
August 21, 1994.--Ordered to be printed
103d Congress Report
HOUSE OF REPRESENTATIVES
2d Session 103-711
=============================================================================
VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994
----------
August 21, 1994.--Ordered to be printed
----------
Mr. Brooks, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 3355]
The committee of conference on the disagreeing votes of the two Houses on
the amendments of the House to the amendment of the Senate to the bill (H.R.
3355), to amend the Omnibus Crime Control and Safe Streets Act of 1968 to
allow grants to increase police presence, to expand and improve cooperative
efforts between law enforcement agencies and members of the community to
address crime and disorder problems, and otherwise to enhance public safety,
having met, after full and free conference, have agreed to recommend and do
recommend to their respective Houses as follows:
That the Senate recede from its disagreement to the amendment of the
House to the amendment of the Senate to the text of the bill and agree to the
same with an amendment as follows:
In lieu of the matter proposed to be inserted by the House amendment,
insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the "Violent Crime Control and Law Enforcement
Act of 1994".
SEC. 2. TABLE OF CONTENTS.
The following is the table of contents for this Act:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--PUBLIC SAFETY AND POLICING
Sec. 10001. Short title.
Sec. 10002. Purposes.
Sec. 10003. Community policing; "Cops on the Beat".
TITLE II--PRISONS
Subtitle A--Violent Offender Incarceration and Truth in Sentencing Incentive
Grants
Sec. 20101. Grants for correctional facilities.
Sec. 20102. Truth in sentencing incentive grants.
Sec. 20103. Violent offender incarceration grants.
Sec. 20104. Matching requirement.
Sec. 20105. Rules and regulations.
Sec. 20106. Technical assistance and training.
Sec. 20107. Evaluation.
Sec. 20108. Definitions.
Sec. 20109. Authorization of appropriations.
Subtitle B--Punishment for Young Offenders
Sec. 20201. Certain punishment for young offenders.
Subtitle C--Alien Incarceration
Sec. 20301. Incarceration of undocumented criminal aliens.
Subtitle D--Miscellaneous Provisions
Sec. 20401. Prisoner's place of imprisonment.
Sec. 20402. Prison impact assessments.
Sec. 20403. Sentences to account for costs to the Government of imprisonment,
release, and probation.
Sec. 20404. Application to prisoners to which prior law applies.
Sec. 20405. Crediting of "good time".
Sec. 20406. Task force on prison construction standardization and techniques.
Sec. 20407. Efficiency in law enforcement and corrections.
Sec. 20408. Amendments to the Department of Education Organization Act and
the National Literacy Act of 1991.
Sec. 20409. Appropriate remedies for prison overcrowding.
Sec. 20410. Congressional approval of any expansion at Lorton and
congressional hearings on future needs.
Sec. 20411. Awards of Pell Grants to prisoners prohibited.
Sec. 20412. Education requirement for early release.
Sec. 20413. Conversion of closed military installations into Federal prison
facilities.
Sec. 20414. Post-conviction release drug testing--Federal offenders.
Sec. 20415. Reporting of cash received by criminal court clerks.
Sec. 20416. Civil rights of institutionalized persons.
Sec. 20417. Notification of release of prisoners.
Sec. 20418. Correctional job training and placement.
Subtitle D--Family and Community Endeavor Schools Grant Program
Sec. 30401. Community schools youth services and supervision grant program.
Sec. 30402. Family and Community Endeavor Schools Grant Program.
TITLE III--CRIME PREVENTION
Subtitle A--Ounce of Prevention Council
Sec. 30101. Ounce of Prevention Council.
Sec. 30102. Ounce of prevention grant program.
Sec. 30103. Definition.
Sec. 30104. Authorization of appropriations.
Subtitle B--Local Crime Prevention Block Grant Program
Sec. 30201. Payments to local governments.
Sec. 30202. Authorization of appropriations.
Sec. 30203. Qualification for payment.
Sec. 30204. Allocation and distribution of funds.
Sec. 30205. Utilization of private sector.
Sec. 30206. Public participation.
Sec. 30207. Administrative provisions.
Sec. 30208. Definitions.
Subtitle C--Model Intensive Grant Programs
Sec. 30301. Grant authorization.
Sec. 30302. Uses of funds.
Sec. 30303. Program requirements.
Sec. 30304. Applicants.
Sec. 30305. Reports.
Sec. 30306. Definitions.
Sec. 30307. Authorization of appropriations.
Subtitle D--Family and Community Endeavor Schools Grant Program
Sec. 30401. Community schools youth services and supervision grant program.
Sec. 30402. Family and community endeavor schools grant program.
Sec. 30403. Authorization of appropriations.
Subtitle G--Assistance for Delinquent and At-Risk Youth
Sec. 30701. Grant authority.
Sec. 30702. Authorization of appropriations.
Subtitle H--Police Recruitment
Sec. 30801. Grant authority.
Sec. 30802. Authorization of appropriations.
Subtitle J--Local Partnership Act
Sec. 31001. Establishment of payment program.
Sec. 31002. Technical amendment.
Subtitle K--National Community Economic Partnership
Sec. 31101. Short title.
Chapter 1--Community Economic Partnership Investment Funds
Sec. 31111. Purpose.
Sec. 31112. Provision of assistance.
Sec. 31113. Approval of applications.
Sec. 31114. Availability of lines of credit and use.
Sec. 31115. Limitations on use of funds.
Sec. 31116. Program priority for special emphasis programs.
Chapter 2--Emerging Community Development Corporations
Sec. 31121. Community development corporation improvement grants.
Sec. 31122. Emerging community development corporation revolving loan funds.
Chapter 3--Miscellaneous Provisions
Sec. 31131. Definitions.
Sec. 31132. Authorization of appropriations.
Sec. 31133. Prohibition.
Subtitle O--Urban Recreation and At-Risk Youth
Sec. 31501. Purpose of assistance.
Sec. 31502. Definitions.
Sec. 31503. Criteria for selection.
Sec. 31504. Park and recreation action recovery programs.
Sec. 31505. Miscellaneous and technical amendments.
Subtitle Q--Community-Based Justice Grants for Prosecutors
Sec. 31701. Grant authorization.
Sec. 31702. Use of funds.
Sec. 31703. Applications.
Sec. 31704. Allocation of funds; limitations on grants.
Sec. 31705. ward of grants.
Sec. 31706. Reports.
Sec. 31707. Authorization of appropriations.
Sec. 31708. Definitions.
Subtitle S--Family Unity Demonstration Project
Sec. 31901. Short title.
Sec. 31902. Purpose.
Sec. 31903. Definitions.
Sec. 31904. Authorization of appropriations.
Chapter 1--Grants To States
Sec. 31911. Authority to make grants.
Sec. 31912. Eligibility to receive grants.
Sec. 31913. Report.
Chapter 2--Family Unity Demonstration Project for Federal Prisoners
Sec. 31921. Authority of the Attorney General.
Sec. 31922. Requirements.
Subtitle T--Substance Abuse Treatment in Federal Prisons
Sec. 32001. Substance abuse treatment in Federal prisons.
Subtitle U--Residential Substance Abuse Treatment for State Prisoners
Sec. 32101. Residential substance abuse treatment for State prisoners.
Subtitle V--Prevention, Diagnosis, and Treatment of Tuberculosis in
Correctional Institutions
Sec. 32201. Prevention, diagnosis, and treatment of tuberculosis in
correctional institutions.
Subtitle X--Gang Resistance Education and Training
Sec. 32401. Gang resistance education and training projects.
TITLE IV--VIOLENCE AGAINST WOMEN
Sec. 40001. Short title.
Subtitle A--Safe Streets for Women
Sec. 40101. Short title.
Chapter 1--Federal Penalties for Sex Crimes
Sec. 40111. Repeat offenders.
Sec. 40112. Federal penalties.
Sec. 40113. Mandatory restitution for sex crimes.
Sec. 40114. Authorization for Federal victim's counselors.
Chapter 2--Law Enforcement and Prosecution Grants to Reduce Violent Crimes
Against Women
Sec. 40121. Grants to combat violent crimes against women.
Chapter 3--Safety For Women in Public Transit and Public Parks
Sec. 40131. Grants for capital improvements to prevent crime in public
transportation.
Sec. 40132. Grants for capital improvements to prevent crime in national
parks.
Sec. 40133. Grants for capital improvements to prevent crime in public parks.
Chapter 4--New Evidentiary Rules
Sec. 40141. Sexual history in criminal and civil cases.
Chapter 5--Assistance To Victims of Sexual Assault
Sec. 40151. Education and prevention grants to reduce sexual assaults against
women.
Sec. 40152. Training programs.
Sec. 40153. Confidentiality of communications between sexual assault or
domestic violence victims and their counselors.
Sec. 40154. Information programs.
Sec. 40155. Education and prevention grants to reduce sexual abuse of
runaway, homeless, and street youth.
Sec. 40156. Victims of child abuse programs.
Subtitle B--Safe Homes for Women
Sec. 40201. Short title.
Chapter 1--National Domestic Violence Hotline
Sec. 40211. Grant for a national domestic violence hotline.
Chapter 2--Interstate Enforcement
Sec. 40221. Interstate enforcement.
Chapter 3--Arrest Policies in Domestic Violence Cases
Sec. 40231. Encouraging arrest policies.
Chapter 4--Shelter Grants
Sec. 40241. Grants for battered women's shelters.
Chapter 5--Youth Education
Sec. 40251. Youth education and domestic violence.
Chapter 6--Community Programs on Domestic Violence
Sec. 40261. Establishment of community programs on domestic violence.
Chapter 7--Family Violence Prevention and Services Act Amendments
Sec. 40271. Grantee reporting.
Sec. 40272. Technical amendments.
Chapter 8--Confidentiality For Abused Persons
Sec. 40281. Confidentiality of abused person's address.
Chapter 9--Data And Research
Sec. 40291. Research agenda.
Sec. 40292. State databases.
Sec. 40293. Number and cost of injuries.
Chapter 10--Rural Domestic Violence and Child Abuse Enforcement
Sec. 40295. Rural domestic violence and child abuse enforcement assistance.
Subtitle C--Civil Rights for Women
Sec. 40301. Short title.
Sec. 40302. Civil rights.
Sec. 40303. Attorney's fees.
Sec. 40304. Sense of the Senate concerning protection of the privacy of rape
victims.
Subtitle D--Equal Justice for Women in the Courts Act
Sec. 40401. Short title.
Chapter 1--Education And Training for Judges and Court Personnel in State
Courts
Sec. 40411. Grants authorized.
Sec. 40412. Training provided by grants.
Sec. 40413. Cooperation in developing programs in making grants under this
title.
Sec. 40414. Authorization of appropriations.
Chapter 2--Education And Training for Judges and Court Personnel in Federal
Courts
Sec. 40421. Authorizations of circuit studies; education and training grants.
Sec. 40422. Authorization of appropriations.
Subtitle E--Violence Against Women Act Improvements
Sec. 40501. Pre-trial detention in sex offense cases.
Sec. 40502. Increased penalties for sex offenses against victims below the
age of 16.
Sec. 40503. Payment of cost of testing for sexually transmitted diseases.
Sec. 40504. Extension and strengthening of restitution.
Sec. 40505. Enforcement of restitution orders through suspension of Federal
benefits.
Sec. 40506. National baseline study on campus sexual assault.
Sec. 40507. Report on battered women's syndrome.
Sec. 40508. Report on confidentiality of addresses for victims of domestic
violence.
Sec. 40509. Report on recordkeeping relating to domestic violence.
Subtitle F--National Stalker and Domestic Violence Reduction
Sec. 40601. Authorizing access to Federal criminal information databases.
Sec. 40602. Grant program.
Sec. 40603. Authorization of appropriations.
Sec. 40604. Application requirements.
Sec. 40605. Disbursement.
Sec. 40606. Technical assistance, training, and evaluations.
Sec. 40607. Training programs for judges.
Sec. 40608. Recommendations on intrastate communication.
Sec. 40609. Inclusion in national incident-based reporting system.
Sec. 40610. Report to Congress.
Sec. 40611. Definitions.
Subtitle G--Protections for Battered Immigrant Women and Children
Sec. 40701. Alien petitioning rights for immediate relative or second
preference status.
Sec. 40702. Use of credible evidence in spousal waiver applications.
Sec. 40703. Suspension of deportation.
TITLE V--DRUG COURTS
Sec. 50001. Drug courts.
Sec. 50002. Study by the General Accounting Office.
TITLE VI--DEATH PENALTY
Sec. 60001. Short title.
Sec. 60002. Constitutional procedures for the imposition of the sentence of
death.
Sec. 60003. Specific offenses for which death penalty is authorized.
Sec. 60004. Applicability to Uniform Code of Military Justice.
Sec. 60005. Death penalty for murder by a Federal prisoner.
Sec. 60006. Death penalty for civil rights murders.
Sec. 60007. Death penalty for the murder of Federal law enforcement
officials.
Sec. 60008. New offense for the indiscriminate use of weapons to further drug
conspiracies.
Sec. 60009. Foreign murder of United States nationals.
Sec. 60010. Death penalty for rape and child molestation murders.
Sec. 60011. Death penalty for sexual exploitation of children.
Sec. 60012. Murder by escaped prisoners.
Sec. 60013. Death penalty for gun murders during Federal crimes of violence
and drug trafficking crimes.
Sec. 60014. Homicides and attempted homicides involving firearms in Federal
facilities.
Sec. 60015. Death penalty for the murder of State or local officials
assisting Federal law enforcement officials and State
correctional officers.
Sec. 60016. Protection of court officers and jurors.
Sec. 60017. Prohibition of retaliatory killings of witnesses, victims, and
informants.
Sec. 60018. Death penalty for murder of Federal witnesses.
Sec. 60019. Offenses of violence against maritime navigation or fixed
platforms.
Sec. 60020. Torture.
Sec. 60021. Violence at airports serving international civil aviation.
Sec. 60022. Terrorist Death Penalty Act.
Sec. 60023. Weapons of mass destruction.
Sec. 60024. Enhanced penalties for alien smuggling.
Sec. 60025. Protection of jurors and witnesses in capital cases.
Sec. 60026. Appointment of Counsel.
TITLE VII--MANDATORY LIFE IMPRISONMENT FOR PERSONS CONVICTED OF CERTAIN
FELONIES
Sec. 70001. Mandatory life imprisonment for persons convicted of certain
felonies.
Sec. 70002. Limited grant of authority to Bureau of Prisons.
TITLE VIII--APPLICABILITY OF MANDATORY MINIMUM PENALTIES IN CERTAIN CASES
Sec. 80001. Limitation on applicability of mandatory minimum penalties in
certain cases.
TITLE IX--DRUG CONTROL
Subtitle A--Enhanced Penalties and General Provisions
Sec. 90101. Enhancement of penalties for drug trafficking in prisons.
Sec. 90102. Increased penalties for drug-dealing in "drug-free" zones.
Sec. 90103. Enhanced penalties for illegal drug use in Federal prisons and
for smuggling drugs into Federal prisons.
Sec. 90104. Clarification of narcotic or other dangerous drugs under RICO.
Sec. 90105. Conforming amendments to recidivist penalty provisions of the
controlled substances act and the controlled substances import
and export act.
Sec. 90106. Advertising.
Sec. 90107. Violent crime and drug emergency areas.
Subtitle B--National Narcotics Leadership Act Amendments
Sec. 90201. Implementation of National Drug Control Strategy.
Sec. 90202. Report on reprogramming; office personnel restriction.
Sec. 90203. National Drug Control Strategy outcome measures.
Sec. 90204. Counter-Drug Technology Assessment Center.
Sec. 90205. Special Forfeiture Fund amendments.
Sec. 90206. Authorization of appropriations.
Sec. 90207. Adequate staffing of the Office of National Drug Control Policy.
Sec. 90208. Termination of Office of National Drug Control Policy.
TITLE X--DRUNK DRIVING PROVISIONS
Sec. 100001. Short title.
Sec. 100002. State laws applied in areas of Federal jurisdiction.
Sec. 100003. Driving while intoxicated prosecution program.
TITLE XI--FIREARMS
Subtitle A--Assault Weapons
Sec. 110101. Short title.
Sec. 110102. Restriction on manufacture, transfer, and possession of certain
semiautomatic assault weapons.
Sec. 110103. Ban of large capacity ammunition feeding devices.
Sec. 110104. Study by attorney general.
Sec. 110105. Effective date.
Sec. 110106. Appendix a to section 922 of title 18.
Subtitle B--Youth Handgun Safety
Sec. 110201. Prohibition of the possession of a handgun or ammunition by, or
the private transfer of a handgun or ammunition to, a juvenile.
Subtitle C--Licensure
Sec. 110301. Firearms licensure and registration to require a photograph and
fingerprints.
Sec. 110302. Compliance with State and local law as a condition to license.
Sec. 110303. Action on firearms license application.
Sec. 110304. Inspection of firearms licensees' inventory and records.
Sec. 110305. Reports of theft or loss of firearms.
Sec. 110306. Responses to requests for information.
Sec. 110307. Notification of names and addresses of firearms licensees.
Subtitle D--Domestic Violence
Sec. 110401. Prohibition against disposal of firearms to, or receipt of
firearms by, persons who have committed domestic abuse.
Subtitle E--Gun Crime Penalties
Sec. 110501. Enhanced penalty for use of a semiautomatic firearm during a
crime of violence or a drug trafficking crime.
Sec. 110502. Enhanced penalty for second offense of using an explosive to
commit a felony.
Sec. 110503. Smuggling firearms in aid of drug trafficking.
Sec. 110504. Theft of firearms and explosives.
Sec. 110505. Revocation of supervised release after imprisonment.
Sec. 110506. Revocation of probation.
Sec. 110507. Increased penalty for knowingly making false, material Statement
in connection with the acquisition of a firearm from a licensed
dealer.
Sec. 110508. Possession of explosives by felons and others.
Sec. 110509. Summary destruction of explosives subject to forfeiture.
Sec. 110510. Elimination of outmoded language relating to parole.
Sec. 110511. Prohibition against transactions involving stolen firearms which
have moved in interstate or foreign commerce.
Sec. 110512. Using a firearm in the commission of counterfeiting or forgery.
Sec. 110513. Enhanced penalties for firearms possession by violent felons and
serious drug offenders.
Sec. 110514. Receipt of firearms by nonresident.
Sec. 110515. Theft of firearms or explosives from licensee.
Sec. 110516. Disposing of explosives to prohibited persons.
Sec. 110517. Increased penalty for interstate gun trafficking.
Sec. 110518. Firearms and explosives conspiracy.
Sec. 110519. Definition of armor piercing ammunition.
TITLE XII--TERRORISM
Sec. 120001. Extension of the statute of limitation for certain terrorism
offenses.
Sec. 120002. Jurisdiction over crimes against United States nationals on
certain foreign ships.
Sec. 120003. Counterfeiting United States currency abroad.
Sec. 120004. Sentencing guidelines increase for terrorist crimes.
Sec. 120005. Providing material support to terrorists.
TITLE XIII--CRIMINAL ALIENS AND IMMIGRATION ENFORCEMENT
Sec. 130001. Enhancement of penalties for failing to depart, or reentering,
after final order of deportation.
Sec. 130002. Criminal alien tracking center.
Sec. 130003. Alien witness cooperation and counterterrorism information.
Sec. 130004. Deportation procedures for certain criminal aliens who are not
permanent residents.
Sec. 130005. Expeditious deportation for denied asylum applicants.
Sec. 130006. Improving border controls.
Sec. 130007. Expanded special deportation proceedings.
Sec. 130008. Authority to accept certain assistance.
Sec. 130009. Passport and visa offenses penalties improvement.
Sec. 130010. Asylum.
TITLE XIV--YOUTH VIOLENCE
Sec. 140001. Prosecution as adults of certain juveniles for crimes of
violence.
Sec. 140002. Commencement of juvenile proceeding.
Sec. 140003. Separation of juvenile from adult offenders.
Sec. 140004. Bindover system for certain violent juveniles
Sec. 140005. Amendment concerning records of crimes committed by juveniles.
Sec. 140006. Increased penalties for employing children to distribute drugs
near schools and playgrounds.
Sec. 140007. Increased penalties for travel act crimes involving violence and
conspiracy to commit contract killings.
Sec. 140008. Solicitation of minor to commit crime.
TITLE XV--CRIMINAL STREET GANGS
Sec. 150001. Criminal street gangs.
Sec. 150002. Adult prosecution of serious juvenile offenders.
Sec. 150003. Addition of anti-gang Byrne grant funding objective.
Sec. 150006. Mentoring program.
Sec. 150007. Juvenile anti-drug and anti-gang grants in federally assisted
low-income housing.
Sec. 150008. Gang investigation coordination and information collection.
Sec. 150009. Multijurisdictional gang task forces.
TITLE XVI--CHILD PORNOGRAPHY
Sec. 160001. Penalties for international trafficking in child pornography.
Sec. 160002. Sense of Congress concerning State legislation regarding child
pornography.
Sec. 160003. Confirmation of intent of Congress in enacting sections 2252 and
2256 of title 18, United States code.
TITLE XVII--CRIMES AGAINST CHILDREN
Subtitle A--Jacob Wetterling Crimes Against Children and Sexually Violent
Offender Registration Act
Sec. 170101. Establishment of program.
Subtitle B--Assaults Against Children
Sec. 170201. Assaults against children.
Subtitle C--Missing and Exploited Children
Sec. 170301. Short title.
Sec. 170302. Purpose.
Sec. 170303. Establishment of task force.
TITLE XVIII--RURAL CRIME
Subtitle A--Drug Trafficking in Rural Areas
Sec. 180101. Authorizations for rural law enforcement agencies.
Sec. 180102. Rural crime and drug enforcement task forces.
Sec. 180103. Rural drug enforcement training.
Sec. 180104. More agents for the Drug Enforcement Administration.
Subtitle B--Drug Free Truck Stops and Safety Rest Areas
Sec. 180201. Drug free truck stops and safety rest areas.
Subtitle C--Sense of Congress Regarding Funding for Rural Areas
Sec. 180301. Funding for rural areas.
TITLE XIX--FEDERAL LAW ENFORCEMENT
Sec. 190001. Federal judiciary and Federal law enforcement.
TITLE XX--POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING AND EDUCATION
Subtitle A--Police Corps
Sec. 200101. Short title.
Sec. 200102. Purposes.
Sec. 200103. Definitions.
Sec. 200104. Establishment of office of the police corps and law enforcement
education.
Sec. 200105. Designation of lead agency and submission of State plan.
Sec. 200106. Scholarship assistance.
Sec. 200107. Selection of participants.
Sec. 200108. Police corps training.
Sec. 200109. Service obligation.
Sec. 200110. State plan requirements.
Sec. 200111. Assistance to States and localities employing police corps
officers.
Sec. 200112. Authorization of appropriations.
Sec. 200113. Reports to congress.
Subtitle B--Law Enforcement Scholarship Program
Sec. 200201. Short title.
Sec. 200202. Definitions.
Sec. 200203. Allotment.
Sec. 200204. Establishment of program.
Sec. 200205. Scholarships.
Sec. 200206. Eligibility.
Sec. 200207. State application.
Sec. 200208. Local application.
Sec. 200209. Scholarship agreement.
Sec. 200210. Authorization of appropriations.
TITLE XXI--STATE AND LOCAL LAW ENFORCEMENT
Subtitle A--Byrne Program
Sec. 210101. Extension of Byrne Grant funding.
Subtitle B--Law Enforcement Family Support
Sec. 210201. Law enforcement family support.
Subtitle C--DNA Identification
Sec. 210301. Short title.
Sec. 210302. Funding to improve the quality and availability of DNA analyses
for law enforcement identification purposes.
Sec. 210303. Quality assurance and proficiency testing standards.
Sec. 210304. Index to facilitate law enforcement exchange of DNA
identification information.
Sec. 210305. Federal Bureau of Investigation.
Sec. 210306. Authorization of appropriations.
Subtitle D--Police Pattern or Practice
Sec. 210401. Cause of action.
Sec. 210402. Data on use of excessive force.
Subtitle E--Improved Training and Technical Automation
Sec. 210501. Improved training and technical automation.
Subtitle F--Other State and Local Aid
Sec. 210601. Reauthorization of Office of Justice Programs.
Sec. 210602. Federal assistance to ease the increased burdens on State court
systems resulting from enactment of this act.
Sec. 210603. Availability of violent crime reduction trust fund to fund
activities authorized by the Brady Handgun Violence Prevention
Act and the National Child Protection Act of 1993.
TITLE XXII--MOTOR VEHICLE THEFT PREVENTION
Sec. 220001. Short title.
Sec. 220002. Motor vehicle theft prevention program.
Sec. 220003. Altering or removing motor vehicle identification numbers.
TITLE XXIII--VICTIMS OF CRIME
Subtitle A--Victims of Crime
Sec. 230101. Victim's right of allocution in sentencing.
Sec. 230102. Sense of the Senate concerning the right of a victim of a
violent crime or sexual abuse to speak at an offender's
sentencing hearing and any parole hearing.
Subtitle B--Crime Victims' Fund
Sec. 230201. Allocation of funds for costs and grants.
Sec. 230202. Relationship of crime victim compensation to certain Federal
programs.
Sec. 230203. Administrative costs for crime victim compensation.
Sec. 230204. Grants for demonstration projects.
Sec. 230205. Administrative costs for crime victim assistance.
Sec. 230206. Maintenance of effort.
Sec. 230207. Change of due date for required report.
Sec. 230208. Amendment of the Victims of Crime Act.
TITLE XXIV--PROTECTIONS FOR THE ELDERLY
Sec. 240001. Missing Alzheimer's Disease Patient Alert Program.
Sec. 240002. Crimes against the elderly.
TITLE XXV--SENIOR CITIZENS AGAINST MARKETING SCAMS
Sec. 250001. Short title.
Sec. 250002. Enhanced penalties for telemarketing fraud.
Sec. 250003. Increased penalties for fraud against older victims.
Sec. 250004. Rewards for information leading to prosecution and conviction.
Sec. 250005. Authorization of appropriations.
Sec. 250006. Broadening application of mail fraud statute.
Sec. 250007. Fraud and related activity in connection with access devices.
Sec. 250008. Information network.
TITLE XXVI--COMMISSION MEMBERSHIP AND APPOINTMENT
Sec. 260001. Commission membership and appointment.
Sec. 260002. Conforming amendment.
TITLE XXVII--PRESIDENTIAL SUMMIT ON VIOLENCE AND NATIONAL COMMISSION ON CRIME
PREVENTION AND CONTROL
Sec. 270001. Presidential summit.
Sec. 270002. Establishment; committees and task forces; representation.
Sec. 270003. Purposes.
Sec. 270004. Responsibilities of the commission.
Sec. 270005. Administrative matters.
Sec. 270006. Staff and support services.
Sec. 270007. Powers.
Sec. 270008. Report; termination.
Sec. 270009. Authorization of appropriations.
TITLE XXVIII--SENTENCING PROVISIONS
Sec. 280001. Imposition of sentence.
Sec. 280002. Technical amendment to mandatory conditions of probation.
Sec. 280003. Direction to United States Sentencing Commission regarding
sentencing enhancements for hate crimes.
Sec. 280004. Authorization of probation for petty offenses in certain cases.
Sec. 280005. Full-time vice chairs of the United States Sentencing
Commission.
Sec. 280006. Cocaine penalty study.
TITLE XXIX--COMPUTER CRIME
Sec. 290001. Computer Abuse Amendments Act of 1994.
TITLE XXX--PROTECTION OF PRIVACY OF INFORMATION IN STATE MOTOR VEHICLE
RECORDS
Sec. 300001. Short title.
Sec. 300002. Prohibition on release and use of certain personal information
from State motor vehicle records.
Sec. 300003. Effective date.
TITLE XXXI--VIOLENT CRIME REDUCTION TRUST FUND
Sec. 310001. Creation of Violent Crime Reduction Trust Fund.
Sec. 310002. Conforming reduction in discretionary spending limits.
Sec. 310003. Extension of authorizations of appropriations for fiscal years
for which the full amount authorized is not appropriated.
Sec. 310004. Flexibility in making of appropriations.
TITLE XXXII--MISCELLANEOUS
Subtitle A--Increases in Penalties
Sec. 320101. Increased penalties for assault.
Sec. 320102. Increased penalties for manslaughter.
Sec. 320103. Increased penalties for civil rights violations.
Sec. 320104. Penalties for trafficking in counterfeit goods and services.
Sec. 320105. Increased penalty for conspiracy to commit murder for hire.
Sec. 320106. Increased penalties for arson.
Sec. 320107. Increased penalties for drug trafficking near public housing.
Sec. 320108. Task force and criminal penalties relating to the introduction
of nonindigenous species.
Sec. 320109. Military medals and decorations.
Subtitle B--Extension of Protection of Civil Rights Statutes
Sec. 320201. Extension of protection of civil rights statutes.
Subtitle C--Audit and Report
Sec. 320301. Audit requirement for State and local law enforcement agencies
receiving Federal asset forfeiture funds.
Sec. 320302. Report to Congress on administrative and contracting expenses.
Subtitle D--Coordination
Sec. 320401. Coordination of substance abuse treatment and prevention
programs.
Subtitle E--Gambling
Sec. 320501. Clarifying amendment regarding scope of prohibition against
gambling on ships in international waters.
Subtitle F--White Collar Crime Amendments
Sec. 320601. Receiving the proceeds of extortion or kidnapping.
Sec. 320602. Receiving the proceeds of a postal robbery.
Sec. 320603. Crimes by or affecting persons engaged in the business of
insurance whose activities affect interstate commerce.
Sec. 320604. Miscellaneous amendments to title 18, United States Code.
Sec. 320605. Federal Deposit Insurance Act amendment.
Sec. 320606. Federal Credit Union Act amendments.
Sec. 320607. Addition of predicate offenses to financial institutions rewards
statute.
Sec. 320608. Definition of "savings and loan association" for purposes of the
offense of bank robbery and related offenses.
Sec. 320609. Definition of 1-year period for purposes of the offense of
obstruction of a Federal audit.
Subtitle G--Safer Streets and Neighborhoods
Sec. 320701. Short title.
Sec. 320702. Limitation on grant distribution.
Subtitle H--Recreational Hunting Safety
Sec. 320801. Short title.
Sec. 320802. Obstruction of a lawful hunt.
Sec. 320803. Civil penalties.
Sec. 320804. Other relief.
Sec. 320805. Relationship to State and local law and civil actions.
Sec. 320806. Regulations.
Sec. 320807. Rule of construction.
Sec. 320808. Definitions.
Subtitle I--Other Provisions
Sec. 320901. Wiretaps.
Sec. 320902. Theft of major artwork.
Sec. 320903. Addition of attempted robbery, kidnapping, smuggling, and
property damage offenses to eliminate inconsistencies and gaps in
coverage.
Sec. 320904. Gun-free school zones.
Sec. 320905. Interstate wagering.
Sec. 320906. Sense of Congress with respect to violence against truckers.
Sec. 320907. Sense of the Senate regarding a study on out-of-wedlock births.
Sec. 320908. Sense of the Senate regarding the role of the united nations in
international organized crime control.
Sec. 320909. Optional venue for espionage and related offenses.
Sec. 320910. Undercover operations.
Sec. 320911. Misuse of initials "DEA".
Sec. 320912. Definition of livestock.
Sec. 320913. Asset forfeiture.
Sec. 320914. Clarification of definition of a "court of the United States" to
include the district courts for Guam, the Northern Mariana
Islands, and the Virgin Islands.
Sec. 320915. Law enforcement personnel.
Sec. 320916. Authority to investigate violent crimes against travelers.
Sec. 320917. Extension of statute of limitations for arson.
Sec. 320918. Sense of Congress concerning child custody and visitation
rights.
Sec. 320919. Edward Byrne Memorial Formula Grant Program.
Sec. 320920. Sense of the senate regarding Law Day U.S.A.
Sec. 320921. First time domestic violence offender rehabilitation program.
Sec. 320922. Display of flags at halfstaff.
Sec. 320923. Financial institution fraud.
Sec. 320924. Definition of parent for the purposes of the offense of
kidnapping.
Sec. 320926. Hate Crime Statistics Act.
Sec. 320927. Exemption from Brady background check requirement of return of
handgun to owner.
Sec. 320928. Amendment of the National Child Protection Act of 1993.
Sec. 320929. Tennessee Valley Authority law enforcement personnel.
Sec. 320932. Assistant United States attorney residency.
Sec. 320933. Labels on products.
Sec. 320934. Non-dischargeability of payment of restitution order.
Sec. 320935. Admissibility of evidence of similar crimes in sex offense
cases.
TITLE XXXIII--TECHNICAL CORRECTIONS
Sec. 330001. Amendments relating to Federal financial assistance for law
enforcement.
Sec. 330002. General title 18 corrections.
Sec. 330003. Corrections of erroneous cross references and misdesignations.
Sec. 330004. Repeal of obsolete provisions in title 18.
Sec. 330005. Correction of drafting error in the Foreign Corrupt Practices
Act.
Sec. 330006. Elimination of redundant penalty provision in 18 U.S.C. 1116.
Sec. 330007. Elimination of redundant penalty.
Sec. 330008. Corrections of misspellings and grammatical errors.
Sec. 330009. Other technical amendments.
Sec. 330010. Correction of errors found during codification.
Sec. 330011. Problems related to execution of prior amendments.
Sec. 330012. Amendment to section 1956 of title 18 to eliminate duplicate
predicate crimes.
Sec. 330013. Amendments to part V of title 18.
Sec. 330014. Update of cross reference.
Sec. 330015. Correction of error in amendatory language.
Sec. 330016. Correction of misleading and outmoded fine amounts in offenses
under title 18.
Sec. 330017. Technical corrections to title 31 crimes.
Sec. 330018. Repeal of superfluous statute of limitation and transfer of
child abuse statute of limitation.
Sec. 330019. Technical errors in section 1956.
Sec. 330020. Technical error.
Sec. 330021. Conforming spelling of variants of "kidnap".
Sec. 330022. Margin error.
Sec. 330023. Technical corrections relating to section 248 of title 18,
United States Code.
Sec. 330024. Technical amendments necessitated by the enactment of the
Domestic Chemical Diversion Control Act of 1993.
Sec. 330025. Victims of Crime Act.
TITLE I--PUBLIC SAFETY AND POLICING
SEC. 10001. SHORT TITLE.
This title may be cited as the "Public Safety Partnership and Community
Policing Act of 1994".
SEC. 10002. PURPOSES.
The purposes of this title are to--
(1) substantially increase the number of law enforcement officers
interacting directly with members of the community ("cops on the beat");
(2) provide additional and more effective training to law enforcement
officers to enhance their problem solving, service, and other skills
needed in interacting with members of the community;
(3) encourage the development and implementation of innovative
programs to permit members of the community to assist State, Indian
tribal government, and local law enforcement agencies in the prevention
of crime in the community; and
(4) encourage the development of new technologies to assist State,
Indian tribal government, and local law enforcement agencies in
reorienting the emphasis of their activities from reacting to crime to
preventing crime,
by establishing a program of grants and assistance in furtherance of these
objectives, including the authorization for a period of 6 years of grants for
the hiring and rehiring of additional career law enforcement officers.
SEC. 10003. COMMUNITY POLICING; "COPS ON THE BEAT".
(a) In General.--Title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3711 et seq.) is amended--
(1) by redesignating part Q as part R;
(2) by redesignating section 1701 as section 1801; and
(3) by inserting after part P the following new part:
"PART Q--PUBLIC SAFETY AND COMMUNITY POLICING; 'COPS ON THE BEAT'
"SEC. 1701. AUTHORITY TO MAKE PUBLIC SAFETY AND COMMUNITY POLICING GRANTS.
"(a) Grant Authorization.--The Attorney General may make grants to
States, units of local government, Indian tribal governments, other public
and private entities, and multi-jurisdictional or regional consortia thereof
to increase police presence, to expand and improve cooperative efforts
between law enforcement agencies and members of the community to address
crime and disorder problems, and otherwise to enhance public safety.
"(b) Rehiring, Hiring, and Initial Redeployment Grant Projects.--
"(1) In general.--Grants made under subsection (a) may be used for
programs, projects, and other activities to--
"(A) rehire law enforcement officers who have been laid off as a
result of State and local budget reductions for deployment in
community-oriented policing;
"(B) hire and train new, additional career law enforcement
officers for deployment in community-oriented policing across the
Nation; and
"(C) procure equipment, technology, or support systems, or pay
overtime, if the applicant for such a grant demonstrates to the
satisfaction of the Attorney General that expenditures for such
purposes would result in an increase in the number of officers
deployed in community-oriented policing equal to or greater than the
increase in the number of officers that would result from a grant for
a like amount for the purposes specified in subparagraph (A) or (B).
"(2) Grants for equipment, technology, and support systems.--Grants
pursuant to paragraph (1)(C)--
"(A) may not exceed--
"(i) 20 percent of the funds available for grants pursuant to
this subsection in fiscal year 1995;
"(ii) 20 percent of the funds available for grants pursuant
to this subsection in fiscal year 1996; or
"(iii) 10 percent of the funds available for grants pursuant
to this subsection in fiscal years 1997, 1998, 1999, and 2000;
and
"(B) may not be awarded in fiscal years 1998, 1999, or 2000
unless the Attorney General has certified that grants awarded in
fiscal years 1995, 1996, and 1997 pursuant to subparagraph (1)(C)
have resulted in an increase in the number of officers deployed in
community-oriented policing equal to or greater than the increase in
the number of officers that have resulted from the grants in like
amounts awarded in fiscal years 1995, 1996, and 1997 pursuant to
paragraph (1) (A) and (B).
"(c) Troops-to-Cops Programs.--
"(1) In general.--Grants made under subsection (a) may be used to
hire former members of the Armed Forces to serve as career law
enforcement officers for deployment in community-oriented policing,
particularly in communities that are adversely affected by a recent
military base closing.
"(2) Definition.--In this subsection, 'former member of the Armed
Forces' means a member of the Armed Forces of the United States who is
involuntarily separated from the Armed Forces within the meaning of
section 1141 of title 10, United States Code.
"(d) Additional Grant Projects.--Grants made under subsection (a) may
include programs, projects, and other activities to--
"(1) increase the number of law enforcement officers involved in
activities that are focused on interaction with members of the community
on proactive crime control and prevention by redeploying officers to such
activities;
"(2) provide specialized training to law enforcement officers to
enhance their conflict resolution, mediation, problem solving, service,
and other skills needed to work in partnership with members of the
community;
"(3) increase police participation in multidisciplinary early
intervention teams;
"(4) develop new technologies to assist State and local law
enforcement agencies in reorienting the emphasis of their activities from
reacting to crime to preventing crime;
"(5) develop and implement innovative programs to permit members of
the community to assist State and local law enforcement agencies in the
prevention of crime in the community, such as a citizens' police academy,
including programs designed to increase the level of access to the
criminal justice system enjoyed by victims, witnesses, and ordinary
citizens by establishing decentralized satellite offices (including video
facilities) of principal criminal courts buildings;
"(6) establish innovative programs to reduce, and keep to a minimum,
the amount of time that law enforcement officers must be away from the
community while awaiting court appearances;
"(7) establish and implement innovative programs to increase and
enhance proactive crime control and prevention programs involving law
enforcement officers and young persons in the community;
"(8) develop and establish new administrative and managerial systems
to facilitate the adoption of community-oriented policing as an
organization-wide philosophy;
"(9) establish, implement, and coordinate crime prevention and
control programs (involving law enforcement officers working with
community members) with other Federal programs that serve the community
and community members to better address the comprehensive needs of the
community and its members; and
"(10) support the purchase by a law enforcement agency of no more
than 1 service weapon per officer, upon hiring for deployment in
community-oriented policing or, if necessary, upon existing officers'
initial redeployment to community-oriented policing.
"(e) Preferential Consideration of Applications for Certain Grants.--In
awarding grants under this part, the Attorney General may give preferential
consideration, where feasible, to applications for hiring and rehiring
additional career law enforcement officers that involve a non-Federal
contribution exceeding the 25 percent minimum under subsection (i).
"(f) Technical Assistance.--
"(1) In general.--The Attorney General may provide technical
assistance to States, units of local government, Indian tribal
governments, and to other public and private entities, in furtherance of
the purposes of the Public Safety Partnership and Community Policing Act
of 1994.
"(2) Model.--The technical assistance provided by the Attorney
General may include the development of a flexible model that will define
for State and local governments, and other public and private entities,
definitions and strategies associated with community or problem-oriented
policing and methodologies for its implementation.
"(3) Training centers and facilities.--The technical assistance
provided by the Attorney General may include the establishment and
operation of training centers or facilities, either directly or by
contracting or cooperative arrangements. The functions of the centers or
facilities established under this paragraph may include instruction and
seminars for police executives, managers, trainers, supervisors, and such
others as the Attorney General considers to be appropriate concerning
community or problem-oriented policing and improvements in police-
community interaction and cooperation that further the purposes of the
Public Safety Partnership and Community Policing Act of 1994.
"(g) Utilization of Components.--The Attorney General may utilize any
component or components of the Department of Justice in carrying out this
part.
"(h) Minimum Amount.--Unless all applications submitted by any State and
grantee within the State pursuant to subsection (a) have been funded, each
qualifying State, together with grantees within the State, shall receive in
each fiscal year pursuant to subsection (a) not less than 0.5 percent of the
total amount appropriated in the fiscal year for grants pursuant to that
subsection. In this subsection, 'qualifying State' means any State which has
submitted an application for a grant, or in which an eligible entity has
submitted an application for a grant, which meets the requirements prescribed
by the Attorney General and the conditions set out in this part.
"(i) Matching Funds.--The portion of the costs of a program, project, or
activity provided by a grant under subsection (a) may not exceed 75 percent,
unless the Attorney General waives, wholly or in part, the requirement under
this subsection of a non-Federal contribution to the costs of a program,
project, or activity. In relation to a grant for a period exceeding 1 year
for hiring or rehiring career law enforcement officers, the Federal share
shall decrease from year to year for up to 5 years, looking toward the
continuation of the increased hiring level using State or local sources of
funding following the conclusion of Federal support, as provided in an
approved plan pursuant to section 1702(c)(8).
"(j) Allocation of Funds.--The funds available under this part shall be
allocated as provided in section 1001(a)(11)(B).
"(k) Termination of Grants for Hiring Officers.--The authority under
subsection (a) of this section to make grants for the hiring and rehiring of
additional career law enforcement officers shall lapse at the conclusion of 6
years from the date of enactment of this part. Prior to the expiration of
this grant authority, the Attorney General shall submit a report to Congress
concerning the experience with and effects of such grants. The report may
include any recommendations the Attorney General may have for amendments to
this part and related provisions of law in light of the termination of the
authority to make grants for the hiring and rehiring of additional career law
enforcement officers.
"SEC. 1702. APPLICATIONS.
"(a) In General.--No grant may be made under this part unless an
application has been submitted to, and approved by, the Attorney General.
"(b) Application.--An application for a grant under this part shall be
submitted in such form, and contain such information, as the Attorney General
may prescribe by regulation or guidelines.
"(c) Contents.--In accordance with the regulations or guidelines
established by the Attorney General, each application for a grant under this
part shall--
"(1) include a long-term strategy and detailed implementation plan
that reflects consultation with community groups and appropriate private
and public agencies and reflects consideration of the statewide strategy
under section 503(a)(1);
"(2) demonstrate a specific public safety need;
"(3) explain the applicant's inability to address the need without
Federal assistance;
"(4) identify related governmental and community initiatives which
complement or will be coordinated with the proposal;
"(5) certify that there has been appropriate coordination with all
affected agencies;
"(6) outline the initial and ongoing level of community support for
implementing the proposal including financial and in-kind contributions
or other tangible commitments;
"(7) specify plans for obtaining necessary support and continuing the
proposed program, project, or activity following the conclusion of
Federal support;
"(8) if the application is for a grant for hiring or rehiring
additional career law enforcement officers, specify plans for the
assumption by the applicant of a progressively larger share of the cost
in the course of time, looking toward the continuation of the increased
hiring level using State or local sources of funding following the
conclusion of Federal support;
"(9) assess the impact, if any, of the increase in police resources
on other components of the criminal justice system;
"(10) explain how the grant will be utilized to reorient the affected
law enforcement agency's mission toward community-oriented policing or
enhance its involvement in or commitment to community-oriented policing;
and
"(11) provide assurances that the applicant will, to the extent
practicable, seek, recruit, and hire members of racial and ethnic
minority groups and women in order to increase their ranks within the
sworn positions in the law enforcement agency.
"(d) Special Provisions.--
"(1) Small jurisdictions.--Notwithstanding any other provision of
this part, in relation to applications under this part of units of local
government or law enforcement agencies having jurisdiction over areas
with population of less than 50,000, the Attorney General may waive 1 or
more of the requirements of subsection (c) and may otherwise make special
provisions to facilitate the expedited submission, processing, and
approval of such applications.
"(2) Small grant amount.--Notwithstanding any other provision of this
part, in relation to applications under section 1701(d) for grants of
less than $1,000,000, the Attorney General may waive 1 or more of the
requirements of subsection (c) and may otherwise make special provisions
to facilitate the expedited submission, processing, and approval of such
applications.
"SEC. 1703. RENEWAL OF GRANTS.
"(a) In General.--Except for grants made for hiring or rehiring
additional career law enforcement officers, a grant under this part may be
renewed for up to 2 additional years after the first fiscal year during which
a recipient receives its initial grant, if the Attorney General determines
that the funds made available to the recipient were used in a manner required
under an approved application and if the recipient can demonstrate
significant progress in achieving the objectives of the initial application.
"(b) Grants for Hiring.--Grants made for hiring or rehiring additional
career law enforcement officers may be renewed for up to 5 years, subject to
the requirements of subsection (a), but notwithstanding the limitation in
that subsection concerning the number of years for which grants may be
renewed.
"(c) Multiyear Grants.--A grant for a period exceeding 1 year may be
renewed as provided in this section, except that the total duration of such a
grant including any renewals may not exceed 3 years, or 5 years if it is a
grant made for hiring or rehiring additional career law enforcement officers.
"SEC. 1704. LIMITATION ON USE OF FUNDS.
"(a) Nonsupplanting Requirement.--Funds made available under this part to
States or units of local government shall not be used to supplant State or
local funds, or, in the case of Indian tribal governments, funds supplied by
the Bureau of Indian Affairs, but shall be used to increase the amount of
funds that would, in the absence of Federal funds received under this part,
be made available from State or local sources, or in the case of Indian
tribal governments, from funds supplied by the Bureau of Indian Affairs.
"(b) Non-Federal Costs.--
"(1) In general.--States and units of local government may use assets
received through the Assets Forfeiture equitable sharing program to
provide the non-Federal share of the cost of programs, projects, and
activities funded under this part.
"(2) Indian tribal governments.--Funds appropriated by the Congress
for the activities of any agency of an Indian tribal government or the
Bureau of Indian Affairs performing law enforcement functions on any
Indian lands may be used to provide the non-Federal share of the cost of
programs or projects funded under this part.
"(c) Hiring Costs.--Funding provided under this part for hiring or
rehiring a career law enforcement officer may not exceed $75,000, unless the
Attorney General grants a waiver from this limitation.
"SEC. 1705. PERFORMANCE EVALUATION.
"(a) Monitoring Components.--Each program, project, or activity funded
under this part shall contain a monitoring component, developed pursuant to
guidelines established by the Attorney General. The monitoring required by
this subsection shall include systematic identification and collection of
data about activities, accomplishments, and programs throughout the life of
the program, project, or activity and presentation of such data in a usable
form.
"(b) Evaluation Components.--Selected grant recipients shall be evaluated
on the local level or as part of a national evaluation, pursuant to
guidelines established by the Attorney General. Such evaluations may include
assessments of individual program implementations. In selected jurisdictions
that are able to support outcome evaluations, the effectiveness of funded
programs, projects, and activities may be required. Outcome measures may
include crime and victimization indicators, quality of life measures,
community perceptions, and police perceptions of their own work.
"(c) Periodic Review and Reports.--The Attorney General may require a
grant recipient to submit to the Attorney General the results of the
monitoring and evaluations required under subsections (a) and (b) and such
other data and information as the Attorney General deems reasonably
necessary.
"SEC. 1706. REVOCATION OR SUSPENSION OF FUNDING.
"If the Attorney General determines, as a result of the reviews required
by section 1705, or otherwise, that a grant recipient under this part is not
in substantial compliance with the terms and requirements of an approved
grant application submitted under section 1702, the Attorney General may
revoke or suspend funding of that grant, in whole or in part.
"SEC. 1707. ACCESS TO DOCUMENTS.
"(a) By the Attorney General.--The Attorney General shall have access for
the purpose of audit and examination to any pertinent books, documents,
papers, or records of a grant recipient under this part and to the pertinent
books, documents, papers, or records of State and local governments, persons,
businesses, and other entities that are involved in programs, projects, or
activities for which assistance is provided under this part.
"(b) By the Comptroller General.--Subsection (a) shall apply with respect
to audits and examinations conducted by the Comptroller General of the United
States or by an authorized representative of the Comptroller General.
"SEC. 1708. GENERAL REGULATORY AUTHORITY.
"The Attorney General may promulgate regulations and guidelines to carry
out this part.
"SEC. 1709. DEFINITIONS.
"In this part--
" 'career law enforcement officer' means a person hired on a permanent
basis who is authorized by law or by a State or local public agency to
engage in or supervise the prevention, detection, or investigation of
violations of criminal laws.
" 'citizens' police academy' means a program by local law enforcement
agencies or private non profit organizations in which citizens,
especially those who participate in neighborhood watch programs, are
trained in ways of facilitating communication between the community and
local law enforcement in the prevention of crime.
" '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 is recognized as eligible for the special
programs and services provided by the United States to Indians because of
their status as Indians.".
(b) Technical Amendment.--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.) is
amended by striking the item relating to part Q and inserting the following:
"Part Q--Public Safety and Community Policing; 'Cops on the Beat'
"Sec. 1701. Authority to make public safety and community policing grants.
"Sec. 1702. Applications.
"Sec. 1703. Renewal of grants.
"Sec. 1704. Limitation on use of funds.
"Sec. 1705. Performance evaluation.
"Sec. 1706. Revocation or suspension of funding.
"Sec. 1707. Access to documents.
"Sec. 1708. General regulatory authority.
"Sec. 1709. Definition.
"Part R--Transition; Effective Date; Repealer
"Sec. 1801. Continuation of rules, authorities, and proceedings.".
(c) Authorization of Appropriations.--Section 1001(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793) is
amended--
(1) in paragraph (3) by striking "and O" and inserting "O, P, and Q";
and
(2) by adding at the end the following new paragraph:
"(11)(A) There are authorized to be appropriated to carry out part Q, to
remain available until expended--
"(i) $1,332,000,000 for fiscal year 1995;
"(ii) $1,850,000,000 for fiscal year 1996;
"(iii) $1,950,000,000 for fiscal year 1997;
"(iv) $1,700,000,000 for fiscal year 1998;
"(v) $1,700,000,000 for fiscal year 1999; and
"(vi) $268,000,000 for fiscal year 2000.
"(B) Of funds available under part Q in any fiscal year, up to 3 percent
may be used for technical assistance under section 1701(f) or for evaluations
or studies carried out or commissioned by the Attorney General in furtherance
of the purposes of part Q. Of the remaining funds, 50 percent shall be
allocated for grants pursuant to applications submitted by units of local
government or law enforcement agencies having jurisdiction over areas with
populations exceeding 150,000 or by public and private entities that serve
areas with populations exceeding 150,000, and 50 percent shall be allocated
for grants pursuant to applications submitted by units of local government or
law enforcement agencies having jurisdiction over areas with populations
150,000 or less or by public and private entities that serve areas with
populations 150,000 or less. Of the funds available in relation to grants
under part Q, at least 85 percent shall be applied to grants for the purposes
specified in section 1701(b), and no more than 15 percent may be applied to
other grants in furtherance of the purposes of part Q. In view of the
extraordinary need for law enforcement assistance in Indian country, an
appropriate amount of funds available under part Q shall be made available
for grants to Indian tribal governments or tribal law enforcement agencies.".
TITLE II--PRISONS
Subtitle A--Violent Offender Incarceration and Truth in Sentencing Incentive
Grants
SEC. 20101. GRANTS FOR CORRECTIONAL FACILITIES.
(a) Grant Authorization.--The Attorney General may make grants to
individual States and to States organized as multi-State compacts to
construct, develop, expand, modify, operate, or improve correctional
facilities, including boot camp facilities and other alternative correctional
facilities that can free conventional prison space for the confinement of
violent offenders, to ensure that prison cell space is available for the
confinement of violent offenders and to implement truth in sentencing laws
for sentencing violent offenders.
(b) Eligibility.--To be eligible to receive a grant under this subtitle,
a State or States organized as multi-State compacts shall submit an
application to the Attorney General which includes--
(1) assurances that the State or States have implemented, or will
implement, correctional policies and programs, including truth in
sentencing laws that ensure that violent offenders serve a substantial
portion of the sentences imposed, that are designed to provide
sufficiently severe punishment for violent offenders, including violent
juvenile offenders, and that the prison time served is appropriately
related to the determination that the inmate is a violent offender and
for a period of time deemed necessary to protect the public;
(2) assurances that the State or States have implemented policies
that provide for the recognition of the rights and needs of crime
victims;
(3) assurances that funds received under this section will be used to
construct, develop, expand, modify, operate, or improve correctional
facilities to ensure that prison cell space is available for the
confinement of violent offenders;
(4) assurances that the State or States have a comprehensive
correctional plan which represents an integrated approach to the
management and operation of correctional facilities and programs and
which includes diversion programs, particularly drug diversion programs,
community corrections programs, a prisoner screening and security
classification system, appropriate professional training for corrections
officers in dealing with violent offenders, prisoner rehabilitation and
treatment programs, prisoner work activities (including, to the extent
practicable, activities relating to the development, expansion,
modification, or improvement of correctional facilities) and job skills
programs, educational programs, a pre-release prisoner assessment to
provide risk reduction management, post-release assistance, and an
assessment of recidivism rates;
(5) assurances that the State or States have involved counties and
other units of local government, when appropriate, in the construction,
development, expansion, modification, operation or improvement of
correctional facilities designed to ensure the incarceration of violent
offenders, and that the State or States will share funds received under
this section with counties and other units of local government, taking
into account the burden placed on these units of government when they are
required to confine sentenced prisoners because of overcrowding in State
prison facilities;
(6) assurances that funds received under this section will be used to
supplement, not supplant, other Federal, State, and local funds;
(7) assurances that the State or States have implemented, or will
implement within 18 months after the date of the enactment of this Act,
policies to determine the veteran status of inmates and to ensure that
incarcerated veterans receive the veterans benefits to which they are
entitled;
(8) if applicable, documentation of the multi-State compact agreement
that specifies the construction, development, expansion, modification,
operation, or improvement of correctional facilities; and
(9) if applicable, a description of the eligibility criteria for
prisoner participation in any boot camp that is to be funded.
(c) Consideration.--The Attorney General, in making such grants, shall
give consideration to the special burden placed on States which incarcerate a
substantial number of inmates who are in the United States illegally.
SEC. 20102. TRUTH IN SENTENCING INCENTIVE GRANTS.
(a) Truth in Sentencing Grant Program.--Fifty percent of the total amount
of funds appropriated to carry out this subtitle for each of fiscal years
1995, 1996, 1997, 1998, 1999, and 2000 shall be made available for Truth in
Sentencing Incentive Grants. To be eligible to receive such a grant, a State
must meet the requirements of section 20101(b) and shall demonstrate that the
State--
(1) has in effect laws which require that persons convicted of
violent crimes serve not less than 85 percent of the sentence imposed; or
(2) since 1993--
(A) has increased the percentage of convicted violent offenders
sentenced to prison;
(B) has increased the average prison time which will be served in
prison by convicted violent offenders sentenced to prison;
(C) has increased the percentage of sentence which will be served
in prison by violent offenders sentenced to prison; and
(D) has in effect at the time of application laws requiring that
a person who is convicted of a violent crime shall serve not less
than 85 percent of the sentence imposed if--
(i) the person has been convicted on 1 or more prior
occasions in a court of the United States or of a State of a
violent crime or a serious drug offense; and
(ii) each violent crime or serious drug offense was committed
after the defendant's conviction of the preceding violent crime
or serious drug offense.
(b) Allocation of Truth in Sentencing Incentive Funds.--
(1) Formula allocation.--The amount available to carry out this
section for any fiscal year under subsection (a) shall be allocated to
each eligible State in the ratio that the number of part 1 violent crimes
reported by such State to the Federal Bureau of Investigation for 1993
bears to the number of part 1 violent crimes reported by all States to
the Federal Bureau of Investigation for 1993.
(2) Transfer of unused funds.--On September 30 of each of fiscal
years 1996, 1998, 1999, and 2000, the Attorney General shall transfer to
the funds to be allocated under section 20103(b)(1) any funds made
available to carry out this section that are not allocated to an eligible
State under paragraph (1).
SEC. 20103. VIOLENT OFFENDER INCARCERATION GRANTS.
(a) Violent Offender Incarceration Grant Program.--Fifty percent of the
total amount of funds appropriated to carry out this subtitle for each of
fiscal years 1995, 1996, 1997, 1998, 1999, and 2000 shall be made available
for Violent Offender Incarceration Grants. To be eligible to receive such a
grant, a State or States must meet the requirements of section 20101(b).
(b) Allocation of Violent Offender Incarceration Funds.--
(1) Formula allocation.--Eighty-five percent of the sum of the amount
available for Violent Offender Incarceration Grants for any fiscal year
under subsection (a) and any amount transferred under section 20102(b)(2)
for that fiscal year shall be allocated as follows:
(A) 0.25 percent shall be allocated to each eligible State except
that the United States Virgin Islands, American Samoa, Guam and the
Northern Mariana Islands each shall be allocated 0.05 percent.
(B) The amount remaining after application of subparagraph (A)
shall be allocated to each eligible State in the ratio that the
number of part 1 violent crimes reported by such State to the Federal
Bureau of Investigation for 1993 bears to the number of part 1
violent crimes reported by all States to the Federal Bureau of
Investigation for 1993.
(2) Discretionary allocation.--Fifteen percent of the sum of the
amount available for Violent Offender Incarceration Grants for any fiscal
year under subsection (a) and any amount transferred under section
20103(b)(3) for that fiscal year shall be allocated at the discretion of
the Attorney General to States that have demonstrated the greatest need
for such grants and the ability to best utilize the funds to meet the
objectives of the grant program and ensure that prison cell space is
available for the confinement of violent offenders.
(3) Transfer of unused formula funds.--On September 30 of each of
fiscal years 1996, 1997, 1998, 1999, and 2000, the Attorney General shall
transfer to the discretionary program under paragraph (2) any funds made
available for allocation under paragraph (1) that are not allocated to an
eligible State under paragraph (1).
SEC. 20104. MATCHING REQUIREMENT.
The Federal share of a grant received under this subtitle may not exceed
75 percent of the costs of a proposal described in an application approved
under this subtitle.
SEC. 20105. RULES AND REGULATIONS.
(a) The Attorney General shall issue rules and regulations regarding the
uses of grant funds received under this subtitle not later than 90 days after
the date of enactment of this Act.
(b) If data regarding part 1 violent crimes in any State for 1993 is
unavailable or substantially inaccurate, the Attorney General shall utilize
the best available comparable data regarding the number of violent crimes for
1993 for that State for the purposes of allocation of any funds under this
subtitle.
SEC. 20106. TECHNICAL ASSISTANCE AND TRAINING.
The Attorney General may request that the Director of the National
Institute of Corrections and the Director of the Federal Bureau of Prisons
provide technical assistance and training to a State or States that receive a
grant under this subtitle to achieve the purposes of this subtitle.
SEC. 20107. EVALUATION.
The Attorney General may request the Director of the National Institute
of Corrections to assist with an evaluation of programs established with
funds under this subtitle.
SEC. 20108. DEFINITIONS.
In this subtitle--
"boot camp" means a correctional program of not more than 6 months'
incarceration involving--
(A) assignment for participation in the program, in conformity
with State law, by prisoners other than prisoners who have been
convicted at any time of a violent felony;
(B) adherence by inmates to a highly regimented schedule that
involves strict discipline, physical training, and work;
(C) participation by inmates in appropriate education, job
training, and substance abuse counseling or treatment; and
(D) post-incarceration aftercare services for participants that
are coordinated with the program carried out during the period of
imprisonment.
"part 1 violent crimes" means murder and non-negligent manslaughter,
forcible rape, robbery, and aggravated assault as reported to the Federal
Bureau of Investigation for purposes of the Uniform Crime Reports.
"State" or "States" means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands, American
Samoa, Guam, and the Northern Mariana Islands.
SEC. 20109. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this subtitle--
(1) $175,000,000 for fiscal year 1995;
(2) $750,000,000 for fiscal year 1996;
(3) $1,000,000,000 for fiscal year 1997;
(4) $1,900,000,000 for fiscal year 1998;
(5) $2,000,000,000 for fiscal year 1999; and
(6) $2,070,000,000 for fiscal year 2000.
Subtitle B--Punishment for Young Offenders
SEC. 20201. CERTAIN PUNISHMENT FOR YOUNG OFFENDERS.
(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 10003(a), is
amended--
(1) by redesignating part R as part S;
(2) by redesignating section 1801 as section 1901; and
(3) by inserting after part Q the following new part:
"PART R--CERTAIN PUNISHMENT FOR YOUNG OFFENDERS
"SEC. 1801. GRANT AUTHORIZATION.
"(a) In General.--The Attorney General may make grants under this part to
States, for the use by States and units of local government, for the purpose
of developing alternative methods of punishment for young offenders to
traditional forms of incarceration and probation.
"(b) Alternative Methods.--The alternative methods of punishment referred
to in subsection (a) should ensure certain punishment for young offenders and
promote reduced recidivism, crime prevention, and assistance to victims,
particularly for young offenders who can be punished more effectively in an
environment other than a traditional correctional facility, including--
"(1) alternative sanctions that create accountability and certain
punishment for young offenders;
"(2) restitution programs for young offenders;
"(3) innovative projects, such as projects consisting of education
and job training activities for incarcerated young offenders, modeled, to
the extent practicable, after activities carried out under part B of
title IV of the Job Training Partnership Act (relating to Job Corps) (29
U.S.C. 1691 et seq.) and projects that provide family counseling;
"(4) correctional options, such as community-based incarceration,
weekend incarceration, and electronic monitoring of offenders;
"(5) community service programs that provide work service placement
for young offenders at non-profit, private organizations and community
organizations;
"(6) innovative methods that address the problems of young offenders
convicted of serious substance abuse (including alcohol abuse) and gang-
related offenses; and
"(7) adequate and appropriate after care programs for young
offenders, such as substance abuse treatment, education programs,
vocational training, job placement counseling, family counseling and
other support programs upon release.
"SEC. 1802. STATE APPLICATIONS.
"(a) In General.--
"(1) Submission of application.--To request a grant under this part,
the chief executive of a State shall submit an application to the
Attorney General in such form and containing such information as the
Attorney General may reasonably require.
"(2) Assurances.--An application under paragraph (1) shall include
assurances that Federal funds received under this part shall be used to
supplement, not supplant, non-Federal funds that would otherwise be
available for activities funded under this part.
"(b) State Office.--The office designated under section 507--
"(1) shall prepare the application as required under subsection (a);
and
"(2) shall administer grant funds received under this part, including
review of spending, processing, progress, financial reporting, technical
assistance, grant adjustments, accounting, auditing, and fund
disbursement.
"SEC. 1803. REVIEW OF STATE APPLICATIONS.
"(a) In General.--The Attorney General shall make a grant under section
1801(a) to carry out the projects described in the application submitted by
such applicant under section 1802 upon determining that--
"(1) the application is consistent with the requirements of this
part; and
"(2) before the approval of the application, the Attorney General has
made an affirmative finding in writing that the proposed project has been
reviewed in accordance with this part.
"(b) Approval.--Each application submitted under section 1802 shall be
considered approved, in whole or in part, by the Attorney General not later
than 45 days after first received unless the Attorney General informs the
applicant of specific reasons for disapproval.
"(c) Restriction.--Grant funds received under this part shall not be used
for land acquisition or construction projects, other than alternative
facilities described in section 1801(b).
"(d) Disapproval Notice and Reconsideration.--The Attorney General shall
not disapprove any application without first affording the applicant
reasonable notice and an opportunity for reconsideration.
"SEC. 1804. LOCAL APPLICATIONS.
"(a) In General.--
"(1) Submission of application.--To request funds under this part
from a State, the chief executive of a unit of local government shall
submit an application to the office designated under section 1802(b).
"(2) Approval.--An application under paragraph (1) shall be
considered to have been approved, in whole or in part, by the State not
later than 45 days after such application is first received unless the
State informs the applicant in writing of specific reasons for
disapproval.
"(3) Disapproval.--The State shall not disapprove any application
submitted to the State without first affording the applicant reasonable
notice and an opportunity for reconsideration.
"(4) Effect of approval.--If an application under subsection (a) is
approved, the unit of local government is eligible to receive funds under
this part.
"(b) Distribution to Units of Local Government.--A State that receives
funds under section 1801 in a fiscal year shall make such funds available to
units of local government with an application that has been submitted and
approved by the State within 45 days after the Attorney General has approved
the application submitted by the State and has made funds available to the
State. The Attorney General may waive the 45-day requirement in this section
upon a finding that the State is unable to satisfy such requirement under
State statutes.
"SEC. 1805. ALLOCATION AND DISTRIBUTION OF FUNDS.
"(a) State Distribution.--Of the total amount appropriated under this
part in any fiscal year--
"(1) 0.4 percent shall be allocated to each of the participating
States; and
"(2) of the total funds remaining after the allocation under
paragraph (1), there shall be allocated to each of the participating
States an amount which bears the same ratio to the amount of remaining
funds described in this paragraph as the number of young offenders of
such State bears to the number of young offenders in all the
participating States.
"(b) Local Distribution.--
"(1) In general.--A State that receives funds under this part in a
fiscal year shall distribute to units of local government in such State
for the purposes specified under section 1801 that portion of such funds
which bears the same ratio to the aggregate amount of such funds as the
amount of funds expended by all units of local government for
correctional programs in the preceding fiscal year bears to the aggregate
amount of funds expended by the State and all units of local government
in such State for correctional programs in such preceding fiscal year.
"(2) Undistributed funds.--Any funds not distributed to units of
local government under paragraph (1) shall be available for expenditure
by such State for purposes specified under section 1801.
"(3) Unused funds.-- If the Attorney General determines, on the basis
of information available during any fiscal year, that a portion of the
funds allocated to a State for such fiscal year will not be used by such
State or that a State is not eligible to receive funds under section
1801, the Attorney General shall award such funds to units of local
government in such State giving priority to the units of local government
that the Attorney General considers to have the greatest need.
"(c) General Requirement.--Notwithstanding subsections (a) and (b), not
less than two-thirds of funds received by a State under this part shall be
distributed to units of local government unless the State applies for and
receives a waiver from the Attorney General.
"(d) Federal Share.--The Federal share of a grant made under this part
may not exceed 75 percent of the total costs of the projects described in the
application submitted under section 1802(a) for the fiscal year for which the
projects receive assistance under this part.
"(e) Consideration.--Notwithstanding subsections (a) and (b), in awarding
grants under this part, the Attorney General shall consider as a factor
whether a State has in effect throughout such State a law or policy that
requires that a juvenile who is in possession of a firearm or other weapon on
school property or convicted of a crime involving the use of a firearm or
weapon on school property--
"(1) be suspended from school for a reasonable period of time; and
"(2) lose driving license privileges for a reasonable period of time.
"(f) Definition.--For purposes of this part, 'juvenile' means a person 18
years of age or younger.
"SEC. 1806. EVALUATION.
"(a) In General.--
"(1) Submission to the director.--Each State and unit of local
government that receives a grant under this part shall submit to the
Attorney General an evaluation not later than March 1 of each year in
accordance with guidelines issued by the Attorney General. Such
evaluation shall include an appraisal by representatives of the community
of the programs funded by the grant.
"(2) Waiver.--The Attorney General may waive the requirement
specified in paragraph (1) if the Attorney General determines that such
evaluation is not warranted in the case of the State or unit of local
government involved.
"(b) Distribution.--The Attorney General shall make available to the
public on a timely basis evaluations received under subsection (a).
"(c) Administrative Costs.--A State or unit of local government may use
not more than 5 percent of funds it receives under this part to develop an
evaluation program under this section.".
(b) Technical Amendment.--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 10003(a), is amended by striking the matter relating to
part R and inserting the following:
"Part R--Certain Punishments for Young Offenders
"Sec. 1801. Grant authorization.
"Sec. 1802. State applications.
"Sec. 1803. Review of State applications.
"Sec. 1804. Local applications.
"Sec. 1805. Allocation and distribution of funds.
"Sec. 1806. Evaluation.
"Part S--Transition--Effective Date--Repealer
"Sec. 1901. Continuation of rules, authorities, and proceedings.".
(c) Definition.--Section 901(a) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3791(a)), is amended--
(1) by adding a semicolon at the end of paragraph (21);
(2) by striking "and" at the end of paragraph (22);
(3) by striking the period at the end of paragraph (23) and inserting
a semicolon; and
(4) by adding after paragraph (23) the following:
"(24) the term 'young offender' means a non-violent first-time
offender or a non-violent offender with a minor criminal record who is 22
years of age or younger (including juveniles).".
(d) Authorization of Appropriations.--Section 1001(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), as
amended by section 10003(c), is amended--
(1) in paragraph (3) by striking "and Q" and inserting "Q, or R"; and
(2) by adding at the end the following new paragraph:
"(16) There are authorized to be appropriated to carry out projects under
part R--
"(A) $20,000,000 for fiscal year 1996;
"(B) $25,000,000 for fiscal year 1997;
"(C) $30,000,000 for fiscal year 1998;
"(D) $35,000,000 for fiscal year 1999; and
"(E) $40,000,000 for fiscal year 2000.".
Subtitle C--Alien Incarceration
SEC. 20301. INCARCERATION OF UNDOCUMENTED CRIMINAL ALIENS.
(a) Incarceration.--Section 242 of the Immigration and Nationality Act (8
U.S.C. 1252) is amended by adding at the end the following new subsection:
"(j) Incarceration.--
"(1) If the chief executive officer of a State (or, if appropriate, a
political subdivision of the State) exercising authority with respect to
the incarceration of an undocumented criminal alien submits a written
request to the Attorney General, the Attorney General shall, as
determined by the Attorney General--
"(A) enter into a contractual arrangement which provides for
compensation to the State or a political subdivision of the State, as
may be appropriate, with respect to the incarceration of the
undocumented criminal alien; or
"(B) take the undocumented criminal alien into the custody of the
Federal Government and incarcerate the alien.
"(2) Compensation under paragraph (1)(A) shall be the average cost of
incarceration of a prisoner in the relevant State as determined by the
Attorney General.
"(3) For purposes of this subsection, the term 'undocumented criminal
alien' means an alien who--
"(A) has been convicted of a felony and sentenced to a term of
imprisonment; and
"(B)(i) entered the United States without inspection or at any
time or place other than as designated by the Attorney General;
"(ii) was the subject of exclusion or deportation proceedings at
the time he or she was taken into custody by the State or a political
subdivision of the State; or
"(iii) was admitted as a nonimmigrant and at the time he or she
was taken into custody by the State or a political subdivision of the
State has failed to maintain the nonimmigrant status in which the
alien was admitted or to which it was changed under section 248, or
to comply with the conditions of any such status.
"(4)(A) In carrying out paragraph (1), the Attorney General shall
give priority to the Federal incarceration of undocumented criminal
aliens who have committed aggravated felonies.
"(B) The Attorney General shall ensure that undocumented criminal
aliens incarcerated in Federal facilities pursuant to this subsection are
held in facilities which provide a level of security appropriate to the
crimes for which they were convicted.
"(5) There are authorized to be appropriated such sums as may be
necessary to carry out this subsection, of which the following amounts
may be appropriated from the Violent Crime Reduction Trust Fund:
"(A) $130,000,000 for fiscal year 1995;
"(B) $300,000,000 for fiscal year 1996;
"(C) $330,000,000 for fiscal year 1997;
"(D) $350,000,000 for fiscal year 1998;
"(E) $350,000,000 for fiscal year 1999; and
"(F) $340,000,000 for fiscal year 2000."
(b) Effective Date.--The amendment made by subsection (a) shall take
effect October 1, 1994.
(c) Termination of Limitation.--Notwithstanding section 242(j)(5) of the
Immigration and Nationality Act, as added by subsection (a), the requirements
of section 242(j) of the Immigration and Nationality Act, as added by
subsection (a), shall not be subject to the availability of appropriations on
and after October 1, 2004.
Subtitle D--Miscellaneous Provisions
SEC. 20401. PRISONER'S PLACE OF IMPRISONMENT.
Paragraph (b) of section 3621 of title 18, United States Code, is amended
by inserting after subsection (5) the following: "In designating the place of
imprisonment or making transfers under this subsection, there shall be no
favoritism given to prisoners of high social or economic status.".
SEC. 20402. PRISON IMPACT ASSESSMENTS.
(a) In General.--Chapter 303 of title 18, United States Code, is amended
by adding at the end the following new section:
"Sec. 4047. Prison impact assessments
"(a) Any submission of legislation by the Judicial or Executive branch
which could increase or decrease the number of persons incarcerated in
Federal penal institutions shall be accompanied by a prison impact statement
(as defined in subsection (b)).
"(b) The Attorney General shall, in consultation with the Sentencing
Commission and the Administrative Office of the United States Courts, prepare
and furnish prison impact assessments under subsection (c) of this section,
and in response to requests from Congress for information relating to a
pending measure or matter that might affect the number of defendants
processed through the Federal criminal justice system. A prison impact
assessment on pending legislation must be supplied within 21 days of any
request. A prison impact assessment shall include--
"(1) projections of the impact on prison, probation, and post prison
supervision populations;
"(2) an estimate of the fiscal impact of such population changes on
Federal expenditures, including those for construction and operation of
correctional facilities for the current fiscal year and 5 succeeding
fiscal years;
"(3) an analysis of any other significant factor affecting the cost
of the measure and its impact on the operations of components of the
criminal justice system; and
"(4) a statement of the methodologies and assumptions utilized in
preparing the assessment.
"(c) The Attorney General shall prepare and transmit to the Congress, by
March 1 of each year, a prison impact assessment reflecting the cumulative
effect of all relevant changes in the law taking effect during the preceding
calendar year.".
(b) Technical Amendment.--The chapter analysis for chapter 303 is amended
by adding at the end the following new item:
"4047. Prison impact assessments.".
SEC. 20403. SENTENCES TO ACCOUNT FOR COSTS TO THE GOVERNMENT OF IMPRISONMENT,
RELEASE, AND PROBATION.
(a) Imposition of Sentence.--Section 3572(a) of title 18, United States
Code, is amended--
(1) by redesignating paragraphs (6) and (7) as paragraphs (7) and
(8), respectively; and
(2) by inserting after paragraph (5) the following new paragraph:
"(6) the expected costs to the government of any imprisonment,
supervised release, or probation component of the sentence;".
(b) Duties of the Sentencing Commission.--Section 994 of title 28, United
States Code, is amended by adding at the end the following new subsection:
"(y) The Commission, in promulgating guidelines pursuant to subsection
(a)(1), may include, as a component of a fine, the expected costs to the
Government of any imprisonment, supervised release, or probation sentence
that is ordered.".
SEC. 20404. APPLICATION TO PRISONERS TO WHICH PRIOR LAW APPLIES.
In the case of a prisoner convicted of an offense committed prior to
November 1, 1987, the reference to supervised release in section 4042(b) of
title 18, United States Code, shall be deemed to be a reference to probation
or parole.
SEC. 20405. CREDITING OF "GOOD TIME".
Section 3624 of title 18, United States Code, is amended--
(1) by striking "he" each place it appears and inserting "the
prisoner";
(2) by striking "his" each place it appears and inserting "the
prisoner's";
(3) in subsection (d) by striking "him" and inserting "the prisoner";
and
(4) in subsection (b)--
(A) in the first sentence by inserting "(other than a prisoner
serving a sentence for a crime of violence)" after "A prisoner"; and
(B) by inserting after the first sentence the following: "A
prisoner who is serving a term of imprisonment of more than 1 year
for a crime of violence, other than a term of imprisonment for the
duration of the prisoner's life, may receive credit toward the
service of the prisoner's sentence, beyond the time served, of up to
54 days at the end of each year of the prisoner's term of
imprisonment, beginning at the end of the first year of the term,
subject to determination by the Bureau of Prisons that, during that
year, the prisoner has displayed exemplary compliance with such
institutional disciplinary regulations.".
SEC. 20406. TASK FORCE ON PRISON CONSTRUCTION STANDARDIZATION AND TECHNIQUES.
(a) Task Force.--The Director of the National Institute of Corrections
shall, subject to availability of appropriations, establish a task force
composed of Federal, State, and local officials expert in prison
construction, and of at least an equal number of engineers, architects, and
construction experts from the private sector with expertise in prison design
and construction, including the use of cost-cutting construction
standardization techniques and cost-cutting new building materials and
technologies.
(b) Cooperation.--The task force shall work in close cooperation and
communication with other State and local officials responsible for prison
construction in their localities.
(c) Performance Requirements.--The task force shall work to--
(1) establish and recommend standardized construction plans and
techniques for prison and prison component construction; and
(2) evaluate and recommend new construction technologies, techniques,
and materials,
to reduce prison construction costs at the Federal, State, and local levels
and make such construction more efficient.
(d) Dissemination.--The task force shall disseminate information
described in subsection (c) to State and local officials involved in prison
construction, through written reports and meetings.
(e) Promotion and Evaluation.--The task force shall--
(1) work to promote the implementation of cost-saving efforts at the
Federal, State, and local levels;
(2) evaluate and advise on the results and effectiveness of such
cost-saving efforts as adopted, broadly disseminating information on the
results; and
(3) to the extent feasible, certify the effectiveness of the cost-
savings efforts.
SEC. 20407. EFFICIENCY IN LAW ENFORCEMENT AND CORRECTIONS.
(a) In General.--In the administration of each grant program funded by
appropriations authorized by this Act or by an amendment made by this Act,
the Attorney General shall encourage--
(1) innovative methods for the low-cost construction of facilities to
be constructed, converted, or expanded and the low-cost operation of such
facilities and the reduction of administrative costs and overhead
expenses; and
(2) the use of surplus Federal property.
(b) Assessment of Construction Components and Designs.--The Attorney
General may make an assessment of the cost efficiency and utility of using
modular, prefabricated, precast, and pre-engineered construction components
and designs for housing nonviolent criminals.
SEC. 20408. AMENDMENTS TO THE DEPARTMENT OF EDUCATION ORGANIZATION ACT AND
THE NATIONAL LITERACY ACT OF 1991.
(a) Technical Amendment.--The matter preceding paragraph (1) of section
214(d) of the Department of Education Organization Act (20 U.S.C. 3423a(d))
is amended by striking "under subsection (a)" and inserting "under subsection
(c)".
(b) Establishment of a Panel and Use of Funds.--Section 601 of the
National Literacy Act of 1991 (20 U.S.C. 1211-2) is amended--
(1) by redesignating subsection (g) as subsection (i); and
(2) by inserting after subsection (f) the following new subsections:
"(g) Panel.--The Secretary is authorized to consult with and convene a
panel of experts in correctional education, including program administrators
and field-based professionals in adult corrections, juvenile services, jails,
and community corrections programs, to--
"(1) develop measures for evaluating the effectiveness of the
programs funded under this section; and
"(2) evaluate the effectiveness of such programs.
"(h) Use of Funds.--Notwithstanding any other provision of law, the
Secretary may use not more than five percent of funds appropriated under
subsection (i) in any fiscal year to carry out grant-related activities such
as monitoring, technical assistance, and replication and dissemination.".
SEC. 20409. APPROPRIATE REMEDIES FOR PRISON OVERCROWDING.
(a) Amendment of Title 18, United States Code.--Subchapter C of chapter
229 of part 2 of title 18, United States Code, is amended by adding at the
end the following new section:
"Sec. 3626. Appropriate remedies with respect to prison crowding
"(a) Requirement of Showing With Respect to the Plaintiff in
Particular.--
"(1) Holding.--A Federal court shall not hold prison or jail crowding
unconstitutional under the eighth amendment except to the extent that an
individual plaintiff inmate proves that the crowding causes the
infliction of cruel and unusual punishment of that inmate.
"(2) Relief.--The relief in a case described in paragraph (1) shall
extend no further than necessary to remove the conditions that are
causing the cruel and unusual punishment of the plaintiff inmate.
"(b) Inmate Population Ceilings.--
"(1) Requirement of showing with respect to particular prisoners.--A
Federal court shall not place a ceiling on the inmate population of any
Federal, State, or local detention facility as an equitable remedial
measure for conditions that violate the eighth amendment unless crowding
is inflicting cruel and unusual punishment on particular identified
prisoners.
"(2) Rule of construction.--Paragraph (1) shall not be construed to
have any effect on Federal judicial power to issue equitable relief other
than that described in paragraph (1), including the requirement of
improved medical or health care and the imposition of civil contempt
fines or damages, where such relief is appropriate.
"(c) Periodic Reopening.--Each Federal court order or consent decree
seeking to remedy an eighth amendment violation shall be reopened at the
behest of a defendant for recommended modification at a minimum of 2-year
intervals.".
(b) Application of Amendment.--Section 3626 of title 18, United States
Code, as added by paragraph (1), shall apply to all outstanding court orders
on the date of enactment of this Act. Any State or municipality shall be
entitled to seek modification of any outstanding eighth amendment decree
pursuant to that section.
(c) Technical Amendment.--The subchapter analysis for subchapter C of
chapter 229 of title 18, United States Code, is amended by adding at the end
the following new item:
"3626. Appropriate remedies with respect to prison crowding.".
(d) Sunset Provision.--This section and the amendments made by this
section are repealed effective as of the date that is 5 years after the date
of enactment of this Act.
SEC. 20410. CONGRESSIONAL APPROVAL OF ANY EXPANSION AT LORTON AND
CONGRESSIONAL HEARINGS ON FUTURE NEEDS.
(a) Congressional Approval.--Notwithstanding any other provision of law,
the existing prison facilities and complex at the District of Columbia
Corrections Facility at Lorton, Virginia, shall not be expanded unless such
expansion has been approved by the Congress under the authority provided to
Congress in section 446 of the District of Columbia Self-Government and
Governmental Reorganization Act.
(b) Senate Hearings.--The Senate directs the Subcommittee on the District
of Columbia of the Committee on Appropriations of the Senate to conduct
hearings regarding expansion of the prison complex in Lorton, Virginia, prior
to any approval granted pursuant to subsection (a). The subcommittee shall
permit interested parties, including appropriate officials from the County of
Fairfax, Virginia, to testify at such hearings.
(c) Definition.--For purposes of this section, the terms "expanded" and
"expansion" mean any alteration of the physical structure of the prison
complex that is made to increase the number of inmates incarcerated at the
prison.
SEC. 20411. AWARDS OF PELL GRANTS TO PRISONERS PROHIBITED.
(a) In General.--Section 401(b)(8) of the Higher Education Act of 1965
(20 U.S.C. 1070a(b)(8)) is amended to read as follows:
"(8) No basic grant shall be awarded under this subpart to any individual
who is incarcerated in any Federal or State penal institution.".
(b) Application of Amendment.--The amendment made by this section shall
apply with respect to periods of enrollment beginning on or after the date of
enactment of this Act.
SEC. 20412. EDUCATION REQUIREMENT FOR EARLY RELEASE.
Section 3624(b) of title 18, United States Code, is amended--
(1) by inserting "(1)" after "behavior.--";
(2) by striking "Such credit toward service of sentence vests at the
time that it is received. Credit that has vested may not later be
withdrawn, and credit that has not been earned may not later be granted."
and inserting "Credit that has not been earned may not later be
granted."; and
(3) by adding at the end the following:
"(2) Credit toward a prisoner's service of sentence shall not be vested
unless the prisoner has earned or is making satisfactory progress toward a
high school diploma or an equivalent degree.
"(3) The Attorney General shall ensure that the Bureau of Prisons has in
effect an optional General Educational Development program for inmates who
have not earned a high school diploma or its equivalent.
"(4) Exemptions to the General Educational Development requirement may be
made as deemed appropriate by the Director of the Federal Bureau of
Prisons.".
SEC. 20413. CONVERSION OF CLOSED MILITARY INSTALLATIONS INTO FEDERAL PRISON
FACILITIES.
(a) Study of Suitable Bases.--The Secretary of Defense and the Attorney
General shall jointly conduct a study of all military installations selected
before the date of enactment of this Act to be closed pursuant to a base
closure law for the purpose of evaluating the suitability of any of these
installations, or portions of these installations, for conversion into
Federal prison facilities. As part of the study, the Secretary and the
Attorney General shall identify the military installations so evaluated that
are most suitable for conversion into Federal prison facilities.
(b) Suitability for Conversion.--In evaluating the suitability of a
military installation for conversion into a Federal prison facility, the
Secretary of Defense and the Attorney General shall consider the estimated
cost to convert the installation into a prison facility and such other
factors as the Secretary and the Attorney General consider to be appropriate.
(c) Time for Study.--The study required by subsection (a) shall be
completed not later than the date that is 180 days after the date of
enactment of this Act.
(d) Construction of Federal Prisons.--
(1) In general.--In determining where to locate any new Federal
prison facility, and in accordance with the Department of Justice's duty
to review and identify a use for any portion of an installation closed
pursuant to title II of the Defense Authorization Amendments and Base
Closure and Realignment Act (Public Law 100-526) and the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of Public Law
101-510), the Attorney General shall--
(A) consider whether using any portion of a military installation
closed or scheduled to be closed in the region pursuant to a base
closure law provides a cost-effective alternative to the purchase of
real property or construction of new prison facilities;
(B) consider whether such use is consistent with a reutilization
and redevelopment plan; and
(C) give consideration to any installation located in a rural
area the closure of which will have a substantial adverse impact on
the economy of the local communities and on the ability of the
communities to sustain an economic recovery from such closure.
(2) Consent.--With regard to paragraph (1)(B), consent must be
obtained from the local re-use authority for the military installation,
recognized and funded by the Secretary of Defense, before the Attorney
General may proceed with plans for the design or construction of a prison
at the installation.
(3) Report on basis of decision.--Before proceeding with plans for
the design or construction of a Federal prison, the Attorney General
shall submit to Congress a report explaining the basis of the decision on
where to locate the new prison facility.
(4) Report on cost-effectiveness.--If the Attorney General decides
not to utilize any portion of a closed military installation or an
installation scheduled to be closed for locating a prison, the report
shall include an analysis of why installations in the region, the use of
which as a prison would be consistent with a reutilization and
redevelopment plan, does not provide a cost-effective alternative to the
purchase of real property or construction of new prison facilities.
(e) Definition.--In this section, "base closure law" means--
(1) the Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note); and
(2) title II of the Defense Authorization Amendments and Base Closure
and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note).
SEC. 20414. POST-CONVICTION RELEASE DRUG TESTING--FEDERAL OFFENDERS.
(a) Drug Testing Program.--
(1) In general.--Subchapter A of chapter 229 of title 18, United
States Code, is amended by adding at the end the following new section:
"Sec. 3608. Drug testing of Federal offenders on post-conviction release
"The Director of the Administrative Office of the United States Courts,
in consultation with the Attorney General and the Secretary of Health and
Human Services, shall, subject to the availability of appropriations,
establish a program of drug testing of Federal offenders on post-conviction
release. The program shall include such standards and guidelines as the
Director may determine necessary to ensure the reliability and accuracy of
the drug testing programs. In each judicial district the chief probation
officer shall arrange for the drug testing of defendants on post-conviction
release pursuant to a conviction for a felony or other offense described in
section 3563(a)(4).".
(2) Technical amendment.--The subchapter analysis for subchapter A of
chapter 229 of title 18, United States Code, is amended by adding at the
end the following new item:
"3608. Drug testing of Federal offenders on post-conviction release.".
(b) Conditions of Probation.--Section 3563(a) of title 18, United States
Code, is amended--
(1) in paragraph (2) by striking "and" after the semicolon;
(2) in paragraph (3) by striking the period and inserting "; and";
(3) by adding at the end the following new paragraph:
"(4) for a felony, a misdemeanor, or an infraction, that the
defendant refrain from any unlawful use of a controlled substance and
submit to one drug test within 15 days of release on probation and at
least 2 periodic drug tests thereafter (as determined by the court) for
use of a controlled substance, but the condition stated in this paragraph
may be ameliorated or suspended by the court for any individual defendant
if the defendant's presentence report or other reliable sentencing
information indicates a low risk of future substance abuse by the
defendant."; and
(4) by adding at the end the following: "The results of a drug test
administered in accordance with paragraph (4) shall be subject to
confirmation only if the results are positive, the defendant is subject
to possible imprisonment for such failure, and either the defendant
denies the accuracy of such test or there is some other reason to
question the results of the test. A defendant who tests positive may be
detained pending verification of a positive drug test result. A drug test
confirmation shall be a urine drug test confirmed using gas
chromatography/mass spectrometry techniques or such test as the Director
of the Administrative Office of the United States Courts after
consultation with the Secretary of Health and Human Services may
determine to be of equivalent accuracy. The court shall consider whether
the availability of appropriate substance abuse treatment programs, or an
individual's current or past participation in such programs, warrants an
exception in accordance with United States Sentencing Commission
guidelines from the rule of section 3565(b), when considering any action
against a defendant who fails a drug test administered in accordance with
paragraph (4).".
(c) Conditions of Supervised Release.--Section 3583(d) of title 18,
United States Code, is amended by inserting after the first sentence the
following: "The court shall also order, as an explicit condition of
supervised release, that the defendant refrain from any unlawful use of a
controlled substance and submit to a drug test within 15 days of release on
supervised release and at least 2 periodic drug tests thereafter (as
determined by the court) for use of a controlled substance. The condition
stated in the preceding sentence may be ameliorated or suspended by the court
as provided in section 3563(a)(4). The results of a drug test administered in
accordance with the preceding subsection shall be subject to confirmation
only if the results are positive, the defendant is subject to possible
imprisonment for such failure, and either the defendant denies the accuracy
of such test or there is some other reason to question the results of the
test. A drug test confirmation shall be a urine drug test confirmed using gas
chromatography/mass spectrometry techniques or such test as the Director of
the Administrative Office of the United States Courts after consultation with
the Secretary of Health and Human Services may determine to be of equivalent
accuracy. The court shall consider whether the availability of appropriate
substance abuse treatment programs, or an individual's current or past
participation in such programs, warrants an exception in accordance with
United States Sentencing Commission guidelines from the rule of section
3583(g) when considering any action against a defendant who fails a drug
test.".
(d) Conditions of Parole.--Section 4209(a) of title 18, United States
Code, is amended by inserting after the first sentence the following: "In
every case, the Commission shall also impose as a condition of parole that
the parolee pass a drug test prior to release and refrain from any unlawful
use of a controlled substance and submit to at least 2 periodic drug tests
(as determined by the Commission) for use of a controlled substance. The
condition stated in the preceding sentence may be ameliorated or suspended by
the Commission for any individual parolee if it determines that there is good
cause for doing so. The results of a drug test administered in accordance
with the provisions of the preceding sentence shall be subject to
confirmation only if the results are positive, the defendant is subject to
possible imprisonment for such failure, and either the defendant denies the
accuracy of such test or there is some other reason to question the results
of the test. A drug test confirmation shall be a urine drug test confirmed
using gas chromatography/mass spectrometry techniques or such test as the
Director of the Administrative Office of the United States Courts after
consultation with the Secretary of Health and Human Services may determine to
be of equivalent accuracy. The Commission shall consider whether the
availability of appropriate substance abuse treatment programs, or an
individual's current or past participation in such programs, warrants an
exception in accordance with United States Sentencing Commission guidelines
from the rule of section 4214(f) when considering any action against a
defendant who fails a drug test.".
SEC. 20415. REPORTING OF CASH RECEIVED BY CRIMINAL COURT CLERKS.
(a) In General.--Section 6050I of the Internal Revenue Code of 1986
(relating to returns relating to cash received in trade or business) is
amended by adding at the end the following new subsection:
"(g) Cash Received by Criminal Court Clerks.--
"(1) In general.--Every clerk of a Federal or State criminal court
who receives more than $10,000 in cash as bail for any individual charged
with a specified criminal offense shall make a return described in
paragraph (2) (at such time as the Secretary may by regulations
prescribe) with respect to the receipt of such bail.
"(2) Return.--A return is described in this paragraph if such
return--
"(A) is in such form as the Secretary may prescribe, and
"(B) contains--
"(i) the name, address, and TIN of--
"(I) the individual charged with the specified criminal
offense, and
"(II) each person posting the bail (other than a person
licensed as a bail bondsman),
"(ii) the amount of cash received,
"(iii) the date the cash was received, and
"(iv) such other information as the Secretary may prescribe.
"(3) Specified criminal offense.--For purposes of this subsection,
the term 'specified criminal offense' means--
"(A) any Federal criminal offense involving a controlled
substance,
"(B) racketeering (as defined in section 1951, 1952, or 1955 of
title 18, United States Code),
"(C) money laundering (as defined in section 1956 or 1957 of such
title), and
"(D) any State criminal offense substantially similar to an
offense described in subparagraph (A), (B), or (C).
"(4) Information to federal prosecutors.--Each clerk required to
include on a return under paragraph (1) the information described in
paragraph (2)(B) with respect to an individual described in paragraph
(2)(B)(i)(I) shall furnish (at such time as the Secretary may by
regulations prescribe) a written statement showing such information to
the United States Attorney for the jurisdiction in which such individual
resides and the jurisdiction in which the specified criminal offense
occurred.
"(5) Information to payors of bail.--Each clerk required to make a
return under paragraph (1) shall furnish (at such time as the Secretary
may by regulations prescribe) to each person whose name is required to be
set forth in such return by reason of paragraph (2)(B)(i)(II) a written
statement showing--
"(A) the name and address of the clerk's office required to make
the return, and
"(B) the aggregate amount of cash described in paragraph (1)
received by such clerk.".
(b) Conforming Amendments.--
(1) Clause (iv) of section 6724(d)(1)(B) of the Internal Revenue Code
of 1986 is amended to read as follows:
"(iv) section 6050I (a) or (g)(1) (relating to cash received
in trade or business, etc.),".
(2) Subparagraph (K) of section 6724(d)(2) of the Internal Revenue
Code of 1986 is amended to read as follows:
"(K) section 6050I(e) or paragraph (4) or (5) of section 6050I(g)
(relating to cash received in trade or business, etc.),".
(3) The heading for section 6050I of the Internal Revenue Code of
1986 is amended by striking "BUSINESS" and inserting "BUSINESS, ETC.".
(4) The table of sections for subpart B of part III of subchapter A
of chapter A of chapter 61 of the Internal Revenue Code of 1986 is
amended by striking "business" and inserting "business, etc." in the item
relating to section 6050I.
(c) Regulations.--The Secretary of the Treasury or the Secretary's
delegate shall prescribe temporary regulations under the amendments made by
this section within 90 days after the date of enactment of this Act.
(d) Effective Date.--The amendments made by this section shall take
effect on the 60th day after the date on which the temporary regulations are
prescribed under subsection (c).
SEC. 20416. CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS.
(a) Exhaustion of Administrative Remedies.--Section 7 of the Civil Rights
of Institutionalized Persons Act (42 U.S.C. 1997e) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking "ninety days" and inserting
"180 days"; and
(B) in paragraph (2), by inserting before the period at the end
the following: "or are otherwise fair and effective"; and
(2) in subsection (c)--
(A) in paragraph (1) by inserting before the period at the end
the following: "or are otherwise fair and effective"; and
(B) in paragraph (2) by inserting before the period at the end
the following: "or is no longer fair and effective".
(b) Effective Date.--The amendments made by subsection (a) shall take
effect on the date of enactment of this Act.
SEC. 20417. NOTIFICATION OF RELEASE OF PRISONERS.
Section 4042 of title 18, United States Code, is amended--
(1) by striking "The Bureau" and inserting "(a) In General.--The
Bureau";
(2) by striking "This section" and inserting "(c) Application of
Section.--This section";
(3) in paragraph (4) of subsection (a), as designated by paragraph
(1)--
(A) by striking "Provide" and inserting "provide"; and
(B) by striking the period at the end and inserting "; and";
(4) by inserting after paragraph (4) of subsection (a), as designated
by paragraph (1), the following new paragraph:
"(5) provide notice of release of prisoners in accordance with
subsection (b)."; and
(5) by inserting after subsection (a), as designated by paragraph
(1), the following new subsection:
"(b) Notice of Release of Prisoners.--(1) At least 5 days prior to the
date on which a prisoner described in paragraph (3) is to be released on
supervised release, or, in the case of a prisoner on supervised release, at
least 5 days prior to the date on which the prisoner changes residence to a
new jurisdiction, written notice of the release or change of residence shall
be provided to the chief law enforcement officer of the State and of the
local jurisdiction in which the prisoner will reside. Notice prior to release
shall be provided by the Director of the Bureau of Prisons. Notice concerning
a change of residence following release shall be provided by the probation
officer responsible for the supervision of the released prisoner, or in a
manner specified by the Director of the Administrative Office of the United
States Courts. The notice requirements under this subsection do not apply in
relation to a prisoner being protected under chapter 224.
"(2) A notice under paragraph (1) shall disclose--
"(A) the prisoner's name;
"(B) the prisoner's criminal history, including a description of the
offense of which the prisoner was convicted; and
"(C) any restrictions on conduct or other conditions to the release
of the prisoner that are imposed by law, the sentencing court, or the
Bureau of Prisons or any other Federal agency.
"(3) A prisoner is described in this paragraph if the prisoner was
convicted of--
"(A) a drug trafficking crime, as that term is defined in section
924(c)(2); or
"(B) a crime of violence (as defined in section 924(c)(3)).
"(4) The notice provided under this section shall be used solely for law
enforcement purposes.".
SEC. 20418. CORRECTIONAL JOB TRAINING AND PLACEMENT.
(a) Purpose.--It is the purpose of this section to encourage and support
job training programs, and job placement programs, that provide services to
incarcerated persons or ex-offenders.
(b) Definitions.--As used in this section:
(1) Correctional institution.--The term "correctional institution"
means any prison, jail, reformatory, work farm, detention center, or
halfway house, or any other similar institution designed for the
confinement or rehabilitation of criminal offenders.
(2) Correctional job training or placement program.--The term
"correctional job training or placement program" means an activity that
provides job training or job placement services to incarcerated persons
or ex-offenders, or that assists incarcerated persons or ex-offenders in
obtaining such services.
(3) Ex-offender.--The term "ex-offender" means any individual who has
been sentenced to a term of probation by a Federal or State court, or who
has been released from a Federal, State, or local correctional
institution.
(4) Incarcerated person.--The term "incarcerated person" means any
individual incarcerated in a Federal or State correctional institution
who is charged with or convicted of any criminal offense.
(c) Establishment of Office.--
(1) In general.--The Attorney General shall establish within the
Department of Justice an Office of Correctional Job Training and
Placement. The Office shall be headed by a Director, who shall be
appointed by the Attorney General.
(2) Timing.--The Attorney General shall carry out this subsection not
later than 6 months after the date of enactment of this section.
(d) Functions of Office.--The Attorney General, acting through the
Director of the Office of Correctional Job Training and Placement, in
consultation with the Secretary of Labor, shall--
(1) assist in coordinating the activities of the Federal Bonding
Program of the Department of Labor, the activities of the Department of
Labor related to the certification of eligibility for targeted jobs
credits under section 51 of the Internal Revenue Code of 1986 with
respect to ex-offenders, and any other correctional job training or
placement program of the Department of Justice or Department of Labor;
(2) provide technical assistance to State and local employment and
training agencies that--
(A) receive financial assistance under this Act; or
(B) receive financial assistance through other programs carried
out by the Department of Justice or Department of Labor, for
activities related to the development of employability;
(3) prepare and implement the use of special staff training
materials, and methods, for developing the staff competencies needed by
State and local agencies to assist incarcerated persons and ex-offenders
in gaining marketable occupational skills and job placement;
(4) prepare and submit to Congress an annual report on the activities
of the Office of Correctional Job Training and Placement, and the status
of correctional job training or placement programs in the United States;
(5) cooperate with other Federal agencies carrying out correctional
job training or placement programs to ensure coordination of such
programs throughout the United States;
(6) consult with, and provide outreach to--
(A) State job training coordinating councils, administrative
entities, and private industry councils, with respect to programs
carried out under this Act; and
(B) other State and local officials, with respect to other
employment or training programs carried out by the Department of
Justice or Department of Labor;
(7) collect from States information on the training accomplishments
and employment outcomes of a sample of incarcerated persons and ex-
offenders who were served by employment or training programs carried out,
or that receive financial assistance through programs carried out, by the
Department of Justice or Department of Labor; and
(8)(A) collect from States and local governments information on the
development and implementation of correctional job training or placement
programs; and
(B) disseminate such information, as appropriate.
TITLE III--CRIME PREVENTION
Subtitle A--Ounce of Prevention Council
SEC. 30101. OUNCE OF PREVENTION COUNCIL.
(a) Establishment.--
(1) In general.--There is established an Ounce of Prevention Council
(referred to in this title as the "Council"), the members of which--
(A) shall include the Attorney General, the Secretary of
Education, the Secretary of Health and Human Services, the Secretary
of Housing and Urban Development, the Secretary of Labor, the
Secretary of Agriculture, the Secretary of the Treasury, the
Secretary of the Interior, and the Director of the Office of National
Drug Control Policy; and
(B) may include other officials of the executive branch as
directed by the President.
(2) Chair.--The President shall designate the Chair of the Council
from among its members (referred to in this title as the "Chair").
(3) Staff.--The Council may employ any necessary staff to carry out
its functions, and may delegate any of its functions or powers to a
member or members of the Council.
(b) Program Coordination.--For any program authorized under the Violent
Crime Control and Law Enforcement Act of 1994, the Ounce of Prevention
Council Chair, only at the request of the Council member with jurisdiction
over that program, may coordinate that program, in whole or in part, through
the Council.
(c) Administrative Responsibilities and Powers.--In addition to the
program coordination provided in subsection (b), the Council shall be
responsible for such functions as coordinated planning, development of a
comprehensive crime prevention program catalogue, provision of assistance to
communities and community-based organizations seeking information regarding
crime prevention programs and integrated program service delivery, and
development of strategies for program integration and grant simplification.
The Council shall have the authority to audit the expenditure of funds
received by grantees under programs administered by or coordinated through
the Council. In consultation with the Council, the Chair may issue
regulations and guidelines to carry out this subtitle and programs
administered by or coordinated through the Council.
SEC. 30102. OUNCE OF PREVENTION GRANT PROGRAM.
(a) In General.--The Council may make grants for--
(1) summer and after-school (including weekend and holiday) education
and recreation programs;
(2) mentoring, tutoring, and other programs involving participation
by adult role models (such as D.A.R.E. America);
(3) programs assisting and promoting employability and job placement;
and
(4) prevention and treatment programs to reduce substance abuse,
child abuse, and adolescent pregnancy, including outreach programs for
at-risk families.
(b) Applicants.--Applicants may be Indian tribal governments, cities,
counties, or other municipalities, school boards, colleges and universities,
private nonprofit entities, or consortia of eligible applicants. Applicants
must show that a planning process has occurred that has involved
organizations, institutions, and residents of target areas, including young
people, and that there has been cooperation between neighborhood-based
entities, municipality-wide bodies, and local private-sector representatives.
Applicants must demonstrate the substantial involvement of neighborhood-based
entities in the carrying out of the proposed activities. Proposals must
demonstrate that a broad base of collaboration and coordination will occur in
the implementation of the proposed activities, involving cooperation among
youth-serving organizations, schools, health and social service providers,
employers, law enforcement professionals, local government, and residents of
target areas, including young people. Applications shall be geographically
based in particular neighborhood or sections of municipalities or particular
segments of rural areas, and applications shall demonstrate how programs will
serve substantial proportions of children and youth resident in the target
area with activities designed to have substantial impact on their lives.
(c) Priority.--In making such grants, the Council shall give preference
to coalitions consisting of a broad spectrum of community-based and social
service organizations that have a coordinated team approach to reducing gang
membership and the effects of substance abuse, and providing alternatives to
at-risk youth.
(d) Federal Share.--
(1) In general.--The Federal share of a grant made under this part
may not exceed 75 percent of the total costs of the projects described in
the applications submitted under subsection (b) for the fiscal year for
which the projects receive assistance under this title.
(2) Waiver.--The Council may waive the 25 percent matching
requirement under paragraph (1) upon making a determination that a waiver
is equitable in view of the financial circumstances affecting the ability
of the applicant to meet that requirement.
(3) Non-federal share.--The non-Federal share of such costs may be in
cash or in kind, fairly evaluated, including plant, equipment, and
services.
(4) Nonsupplanting requirement.--Funds made available under this
title to a governmental entity shall not be used to supplant State or
local funds, or in the case of Indian tribal governments, funds supplied
by the Bureau of Indian Affairs, but shall be used to increase the amount
of funds that would, in the absence of Federal funds received under this
title, be made available from State or local sources, or in the case of
Indian tribal governments, from funds supplied by the Bureau of Indian
Affairs.
(5) Evaluation.--The Council shall conduct a thorough evaluation of
the programs assisted under this title.
SEC. 30103. DEFINITION.
In this subtitle, "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 is recognized as eligible for
the special programs and services provided by the United States to Indians
because of their status as Indians.
SEC. 30104. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this subtitle--
(1) $1,500,000 for fiscal year 1995;
(2) $14,700,000 for fiscal year 1996;
(3) $18,000,000 for fiscal year 1997;
(4) $18,000,000 for fiscal year 1998;
(5) $18,900,000 for fiscal year 1999; and
(6) $18,900,000 for fiscal year 2000.
Subtitle B--Local Crime Prevention Block Grant Program
SEC. 30201. PAYMENTS TO LOCAL GOVERNMENTS.
(a) Payment and Use.--
(1) Payment.--The Attorney General, shall pay to each unit of general
local government which qualifies for a payment under this subtitle an
amount equal to the sum of any amounts allocated to the government under
this subtitle for each payment period. The Attorney General shall pay
such amount from amounts appropriated under section 30202.
(2) Use.--Amounts paid to a unit of general local government under
this section shall be used by that unit for carrying out one or more of
the following purposes:
(A) Education, training, research, prevention, diversion,
treatment, and rehabilitation programs to prevent juvenile violence,
juvenile gangs, and the use and sale of illegal drugs by juveniles.
(B) Programs to prevent crimes against the elderly based on the
concepts of the Triad model.
(C) Programs that prevent young children from becoming gang
involved, including the award of grants or contracts to community-
based service providers that have a proven track record of providing
services to children ages 5 to 18.
(D) Saturation jobs programs, offered either separately or in
conjunction with the services provided for under the Youth Fair
Chance Program, that provide employment opportunities leading to
permanent unsubsidized employment for disadvantaged young adults 16
through 25 years of age.
(E) Midnight sports league programs that shall require each
player in the league to attend employment counseling, job training,
and other educational classes provided under the program, which shall
be held in conjunction with league sports games at or near the site
of the games.
(F) Supervised sports and recreation programs, including Olympic
Youth Development Centers established in cooperation with the United
States Olympic Committee, that are offered--
(i) after school and on weekends and holidays, during the
school year; and
(ii) as daily (or weeklong) full-day programs (to the extent
available resources permit) or as part-day programs, during the
summer months.
(G) Prevention and enforcement programs to reduce--
(i) the formation or continuation of juvenile gangs; and
(ii) the use and sale of illegal drugs by juveniles.
(H) Youth anticrime councils to give intermediate and secondary
school students a structured forum through which to work with
community organizations, law enforcement officials, government and
media representatives, and school administrators and faculty to
address issues regarding youth and violence.
(I) Award of grants or contracts to the Boys and Girls Clubs of
America, a national nonprofit youth organization, to establish Boys
and Girls Clubs in public housing.
(J) Supervised visitation centers for children who have been
removed from their parents and placed outside the home as a result of
abuse or neglect or other risk of harm to them and for children whose
parents are separated or divorced and the children are at risk
because--
(i) there is documented sexual, physical, or emotional abuse
as determined by a court of competent jurisdiction;
(ii) there is suspected or elevated risk of sexual, physical,
or emotional abuse, or there have been threats of parental
abduction of the child;
(iii) due to domestic violence, there is an ongoing risk of
harm to a parent or child;
(iv) a parent is impaired because of substance abuse or
mental illness;
(v) there are allegations that a child is at risk for any of
the reasons stated in clauses (i), (ii), (iii), and (iv), pending
an investigation of the allegations; or
(vi) other circumstances, as determined by a court of
competent jurisdiction, point to the existence of such a risk.
(K) Family Outreach Teams which provide a youth worker, a parent
worker, and a school-parent organizer to provide training in
outreach, mentoring, community organizing and peer counseling and
mentoring to locally recruited volunteers in a particular area.
(L) To establish corridors of safety for senior citizens by
increasing the numbers, presence, and watchfulness of law enforcement
officers, community groups, and business owners and employees.
(M) Teams or units involving both specially trained law
enforcement professionals and child or family services professionals
that on a 24-hour basis respond to or deal with violent incidents in
which a child is involved as a perpetrator, witness, or victim.
(N) Dwelling units to law enforcement officers without charge or
at a substantially reduced rent for the purpose of providing greater
security for residents of high crime areas.
(b) Timing of Payments.--The Attorney General shall pay each amount
allocated under this subtitle to a unit of general local government for a
payment period by the later of 90 days after the date the amount is available
or the first day of the payment period if the unit of general local
government has provided the Attorney General with the assurances required by
section 30203(d).
(c) Adjustments.--
(1) In general.--Subject to paragraph (2), the Attorney General shall
adjust a payment under this subtitle to a unit of general local
government to the extent that a prior payment to the government was more
or less than the amount required to be paid.
(2) Considerations.--The Attorney General may increase or decrease
under this subsection a payment to a unit of general local government
only if the Attorney General determines the need for the increase or
decrease, or the unit requests the increase or decrease, within one year
after the end of the payment period for which the payment was made.
(d) Reservation for Adjustments.--The Attorney General may reserve a
percentage of not more than 2 percent of the amount under this section for a
payment period for all units of general local government in a State if the
Attorney General considers the reserve is necessary to ensure the
availability of sufficient amounts to pay adjustments after the final
allocation of amounts among the units of general local government in the
State.
(e) Repayment of Unexpended Amounts.--
(1) Repayment required.--A unit of general local government shall
repay to the Attorney General, by not later than 15 months after receipt
from the Attorney General, any amount that is--
(A) paid to the unit from amounts appropriated under the
authority of this section; and
(B) not expended by the unit within one year after receipt from
the Attorney General.
(2) Penalty for failure to repay.--If the amount required to be
repaid is not repaid, the Attorney General shall reduce payments in
future payment periods accordingly.
(3) Deposit of amounts repaid.--Amounts received by the Attorney
General as repayments under this subsection shall be deposited in a
designated fund for future payments to units of general local government.
(f) Nonsupplanting Requirement.--Funds made available under this subtitle
to units of local government shall not be used to supplant State or local
funds, but will be used to increase the amount of funds that would, in the
absence of funds under this subtitle, be made available from State or local
sources.
SEC. 30202. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this subtitle--
(1) $75,940,000 for fiscal year 1996;
(2) $75,940,000 for fiscal year 1997;
(3) $75,940,000 for fiscal year 1998;
(4) $75,940,000 for fiscal year 1999; and
(5) $73,240,000 for fiscal year 2000.
Such sums are to remain available until expended.
(b) Administrative Costs.--Up to 2.5 percent of the amount authorized to
be appropriated under subsection (b) is authorized to be appropriated for the
period fiscal year 1995 through fiscal year 2000 to be available for
administrative costs by the Attorney General in furtherance of the purposes
of the program. Such sums are to remain available until expended.
SEC. 30203. QUALIFICATION FOR PAYMENT.
(a) In General.--The Attorney General shall issue regulations
establishing procedures under which eligible units of general local
government are required to provide notice to the Attorney General of the
units' proposed use of assistance under this subtitle.
(b) General Requirements for Qualification.--A unit of general local
government qualifies for a payment under this subtitle for a payment period
only after establishing to the satisfaction of the Attorney General that--
(1) the government will establish a trust fund in which the
government will deposit all payments received under this subtitle;
(2) the government will use amounts in the trust fund (including
interest) during a reasonable period;
(3) the government will expend the payments so received, in
accordance with the laws and procedures that are applicable to the
expenditure of revenues of the government;
(4) if at least 25 percent of the pay of individuals employed by the
government in a public employee occupation is paid out of the trust fund,
individuals in the occupation any part of whose pay is paid out of the
trust fund will receive pay at least equal to the prevailing rate of pay
for individuals employed in similar public employee occupations by the
government;
(5) the government will use accounting, audit, and fiscal procedures
that conform to guidelines which shall be prescribed by the Attorney
General after consultation with the Comptroller General of the United
States. As applicable, amounts received under this subtitle shall be
audited in compliance with the Single Audit Act of 1984;
(6) after reasonable notice to the government, the government will
make available to the Attorney General and the Comptroller General of the
United States, with the right to inspect, records the Attorney General
reasonably requires to review compliance with this subtitle or the
Comptroller General of the United States reasonably requires to review
compliance and operations;
(7) the government will make reports the Attorney General reasonably
requires, in addition to the annual reports required under this subtitle;
and
(8) the government will spend the funds only for the purposes set
forth in section 30201(a)(2).
(c) Review by Governors.--A unit of general local government shall give
the chief executive officer of the State in which the government is located
an opportunity for review and comment before establishing compliance with
subsection (d).
(d) Sanctions for Noncompliance.--
(1) In general.--If the Attorney General decides that a unit of
general local government has not complied substantially with subsection
(b) or regulations prescribed under subsection (b), the Attorney General
shall notify the government. The notice shall state that if the
government does not take corrective action by the 60th day after the date
the government receives the notice, the Attorney General will withhold
additional payments to the government for the current payment period and
later payment periods until the Attorney General is satisfied that the
government--
(A) has taken the appropriate corrective action; and
(B) will comply with subsection (b) and regulations prescribed
under subsection (b).
(2) Notice.--Before giving notice under paragraph (1), the Attorney
General shall give the chief executive officer of the unit of general
local government reasonable notice and an opportunity for comment.
(3) Payment conditions.--The Attorney General may make a payment to a
unit of general local government notified under paragraph (1) only if the
Attorney General is satisfied that the government--
(A) has taken the appropriate corrective action; and
(B) will comply with subsection (b) and regulations prescribed
under subsection (b).
SEC. 30204. ALLOCATION AND DISTRIBUTION OF FUNDS.
(a) State Distribution.--For each payment period, the Attorney General
shall allocate out of the amount appropriated for the period under the
authority of section 30202--
(1) 0.25 percent to each State; and
(2) Of the total amount of funds remaining after allocation under
paragraph (1), an amount that is equal to--
the ratio that the number of part 1 violent crimes reported by
such State to the Federal Bureau of Investigation for 1993 bears to
the number of part 1 violent crimes reported by all States to the
Federal Bureau of Investigation for 1993
(b) Local Distribution.--(1) The Attorney General shall allocate among
the units of general local government in a State the amount allocated to the
State under paragraphs (1) and (2) of subsection (a).
(2) The Attorney General shall allocate to each unit of general local
government an amount which bears the ratio that the number of part 1 violent
crimes reported by such unit to the Federal Bureau of Investigation for 1993
bears to the number of part 1 violent crimes reported by all units in the
State in which the unit is located to the Federal Bureau of Investigation for
1993 multiplied by the ratio of the population living in all units in the
State in which the unit is located that reported part 1 violent crimes to the
Federal Bureau of Investigation for 1993 bears to the population of the
State; or if such data are not available for a unit, the ratio that the
population of such unit bears to the population of all units in the State in
which the unit is located for which data are not available multiplied by the
ratio of the population living in units in the State in which the unit is
located for which data are not available bears to the population of the
State.
(3) If under paragraph (2) a unit is allotted less than $5,000 for the
payment period, the amount allotted shall be transferred to the Governor of
the State who shall equitably distribute the allocation to all such units or
consortia thereof.
(4) If there is in a State a unit of general local government that has
been incorporated since the date of the collection of the data used by the
Attorney General in making allocations pursuant to this section, the Attorney
General shall allocate to this newly incorporated local government, out of
the amount allocated to the State under this section, an amount bearing the
same ratio to the amount allocated to the State as the population of the
newly incorporated local government bears to the population of the State. If
there is in the State a unit of general local government that has been
annexed since the date of the collection of the data used by the Attorney
General in making allocations pursuant to this section, the Attorney General
shall pay the amount that would have been allocated to this local government
to the unit of general local government that annexed it.
(c) Unavailability of Information.--For purposes of this section, if data
regarding part 1 violent crimes in any State for 1993 is unavailable or
substantially inaccurate, the Attorney General shall utilize the best
available comparable data regarding the number of violent crimes for 1993 for
such State for the purposes of allocation of any funds under this subtitle.
SEC. 30205. UTILIZATION OF PRIVATE SECTOR.
Funds or a portion of funds allocated under this subtitle may be utilized
to contract with private, nonprofit entities or community-based organizations
to carry out the uses specified under section 30201(a)(2).
SEC. 30206. PUBLIC PARTICIPATION.
A unit of general local government expending payments under this subtitle
shall hold at least one public hearing on the proposed use of the payment in
relation to its entire budget. At the hearing, persons shall be given an
opportunity to provide written and oral views to the governmental authority
responsible for enacting the budget and to ask questions about the entire
budget and the relation of the payment to the entire budget. The government
shall hold the hearing at a time and a place that allows and encourages
public attendance and participation.
SEC. 30207. ADMINISTRATIVE PROVISIONS.
The administrative provisions of part H of the Omnibus Crime Control and
Safe Streets Act of 1968, shall apply to the Attorney General for purposes of
carrying out this subtitle.
SEC. 30208. DEFINITIONS.
For purposes of this subtitle:
(1) The term "unit of general local government" means--
(A) a county, township, city, or political subdivision of a
county, township, or city, that is a unit of general local government
as determined by the Secretary of Commerce for general statistical
purposes; and
(B) the District of Columbia and the recognized governing body of
an Indian tribe or Alaskan Native village that carries out
substantial governmental duties and powers.
(2) The term "payment period" means each 1-year period beginning on
October 1 of the years 1995 through 2000.
(3) The term "State" means any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, American Samoa, Guam, and the Northern Mariana Islands, except
that American Samoa, Guam, and the Northern Mariana Islands shall be
considered as one State and that, for purposes of 30204(a), 33 per centum
of the amounts allocated shall be allocated to American Samoa, 50 per
centum to Guam, and 17 per centum to the Northern Mariana Islands.
(4) The term "children" means persons who are not younger than 5 and
not older than 18 years old.
(5) The term "part 1 violent crimes" means murder and non-negligent
manslaughter, forcible rape, robbery, and aggravated assault as reported
to the Federal Bureau of Investigation for purposes of the Uniform Crime
Reports.
Subtitle C--Model Intensive Grant Programs
SEC. 30301. GRANT AUTHORIZATION.
(a) Establishment.--
(1) In general.--The Attorney General may award grants to not more
than 15 chronic high intensive crime areas to develop comprehensive model
crime prevention programs that--
(A) involve and utilize a broad spectrum of community resources,
including nonprofit community organizations, law enforcement
organizations, and appropriate State and Federal agencies, including
the State educational agencies;
(B) attempt to relieve conditions that encourage crime; and
(C) provide meaningful and lasting alternatives to involvement in
crime.
(2) Consultation with the ounce of prevention council.--The Attorney
General may consult with the Ounce of Prevention Council in awarding
grants under paragraph (1).
(b) Priority.--In awarding grants under subsection (a), the Attorney
General shall give priority to proposals that--
(1) are innovative in approach to the prevention of crime in a
specific area;
(2) vary in approach to ensure that comparisons of different models
may be made; and
(3) coordinate crime prevention programs funded under this program
with other existing Federal programs to address the overall needs of
communities that benefit from grants received under this title.
SEC. 30302. USES OF FUNDS.
(a) In General.--Funds awarded under this subtitle may be used only for
purposes described in an approved application. The intent of grants under
this subtitle is to fund intensively comprehensive crime prevention programs
in chronic high intensive crime areas.
(b) Guidelines.--The Attorney General shall issue and publish in the
Federal Register guidelines that describe suggested purposes for which funds
under approved programs may be used.
(c) Equitable Distribution of Funds.--In disbursing funds under this
subtitle, the Attorney General shall ensure the distribution of awards
equitably on a geographic basis, including urban and rural areas of varying
population and geographic size.
SEC. 30303. PROGRAM REQUIREMENTS.
(a) Description.--An applicant shall include a description of the
distinctive factors that contribute to chronic violent crime within the area
proposed to be served by the grant. Such factors may include lack of
alternative activities and programs for youth, deterioration or lack of
public facilities, inadequate public services such as public transportation,
street lighting, community-based substance abuse treatment facilities, or
employment services offices, and inadequate police or public safety services,
equipment, or facilities.
(b) Comprehensive Plan.--An applicant shall include a comprehensive,
community-based plan to attack intensively the principal factors identified
in subsection (a). Such plans shall describe the specific purposes for which
funds are proposed to be used and how each purpose will address specific
factors. The plan also shall specify how local nonprofit organizations,
government agencies, private businesses, citizens groups, volunteer
organizations, and interested citizens will cooperate in carrying out the
purposes of the grant.
(c) Evaluation.--An applicant shall include an evaluation plan by which
the success of the plan will be measured, including the articulation of
specific, objective indicia of performance, how the indicia will be
evaluated, and a projected timetable for carrying out the evaluation.
SEC. 30304. APPLICATIONS.
To request a grant under this subtitle the chief local elected official
of an area shall--
(1) prepare and submit to the Attorney General an application in such
form, at such time, and in accordance with such procedures, as the
Attorney General shall establish; and
(2) provide an assurance that funds received under this subtitle
shall be used to supplement, not supplant, non-Federal funds that would
otherwise be available for programs funded under this subtitle.
SEC. 30305. REPORTS.
Not later than December 31, 1998, the Attorney General shall prepare and
submit to the Committees on the Judiciary of the House and Senate an
evaluation of the model programs developed under this subtitle and make
recommendations regarding the implementation of a national crime prevention
program.
SEC. 30306. DEFINITIONS.
In this subtitle--
"chief local elected official" means an official designated under
regulations issued by the Attorney General. The criteria used by the
Attorney General in promulgating such regulations shall ensure
administrative efficiency and accountability in the expenditure of funds
and execution of funded projects under this subtitle.
"chronic high intensity crime area" means an area meeting criteria
adopted by the Attorney General by regulation that, at a minimum, define
areas with--
(A) consistently high rates of violent crime as reported in the
Federal Bureau of Investigation's "Uniform Crime Reports", and
(B) chronically high rates of poverty as determined by the Bureau
of the Census.
"State" means a State, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and
the Northern Mariana Islands.
SEC. 30307. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this subtitle--
(1) $100,000,000 for fiscal year 1996;
(2) $125,100,000 for fiscal year 1997;
(3) $125,100,000 for fiscal year 1998;
(4) $125,100,000 for fiscal year 1999; and
(5) $150,200,000 for fiscal year 2000.
Subtitle D--Family and Community Endeavor Schools Grant Program
SEC. 30401. COMMUNITY SCHOOLS YOUTH SERVICES AND SUPERVISION GRANT PROGRAM.
(a) Short Title.--This section may be cited as the "Community Schools
Youth Services and Supervision Grant Program Act of 1994".
(b) Definitions.--In this section--
"child" means a person who is not younger than 5 and not older than
18 years old.
"community-based organization" means a private, locally initiated,
community-based organization that--
(A) is a nonprofit organization, as defined in section 103(23) of
the Juvenile Justice and Delinquency Prevention Act of 1974 (42
U.S.C. 5603(23)); and
(B) is operated by a consortium of service providers, consisting
of representatives of 5 or more of the following categories of
persons:
(i) Residents of the community.
(ii) Business and civic leaders actively involved in
providing employment and business development opportunities in
the community.
(iii) Educators.
(iv) Religious organizations (which shall not provide any
sectarian instruction or sectarian worship in connection with an
activity funded under this title).
(v) Law enforcement agencies.
(vi) Public housing agencies.
(vii) Other public agencies.
(viii) Other interested parties.
"eligible community" means an area identified pursuant to subsection
(e).
"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 is recognized as eligible
for the special programs and services provided by the United States to
Indians because of their status as Indians.
"poverty line" means the income official poverty line (as defined by
the Office of Management and Budget, and revised annually in accordance
with section 673(2) of the Community Services Block Grant Act (42 U.S.C.
9902(2)) applicable to a family of the size involved.
"public school" means a public elementary school, as defined in
section 1201(i) of the Higher Education Act of 1965 (20 U.S.C. 1141(i)),
and a public secondary school, as defined in section 1201(d) of that Act.
"Secretary" means the Secretary of Health and Human Services, in
consultation and coordination with the Attorney General.
"State" means a State, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands, American
Samoa, Guam, and the United States Virgin Islands.
(c) Program Authority.--
(1) In general.--
(A) Allocations for states and indian country.--For any fiscal
year in which the sums appropriated to carry out this section equal
or exceed $20,000,000, from the sums appropriated to carry out this
subsection, the Secretary shall allocate, for grants under
subparagraph (B) to community-based organizations in each State, an
amount bearing the same ratio to such sums as the number of children
in the State who are from families with incomes below the poverty
line bears to the number of children in all States who are from
families with incomes below the poverty line. In view of the
extraordinary need for assistance in Indian country, an appropriate
amount of funds available under this subtitle shall be made available
for such grants in Indian country.
(B) Grants to community-based organizations from allocations.--
For such a fiscal year, the Secretary may award grants from the
appropriate State or Indian country allocation determined under
subparagraph (A) on a competitive basis to eligible community-based
organizations to pay for the Federal share of assisting eligible
communities to develop and carry out programs in accordance with this
section.
(C) Reallocation.--If, at the end of such a fiscal year, the
Secretary determines that funds allocated for community-based
organizations in a State or Indian country under subparagraph (B)
remain unobligated, the Secretary may use such funds to award grants
to eligible community-based organizations in another State or Indian
country to pay for such Federal share. In awarding such grants, the
Secretary shall consider the need to maintain geographic diversity
among the recipients of such grants. Amounts made available through
such grants shall remain available until expended.
(2) Other fiscal years.--For any fiscal year in which the sums
appropriated to carry out this section are less than $20,000,000, the
Secretary may award grants on a competitive basis to eligible community-
based organizations to pay for the Federal share of assisting eligible
communities to develop and carry out programs in accordance with this
section.
(3) Administrative costs.--The Secretary may use not more than 3
percent of the funds appropriated to carry out this section in any fiscal
year for administrative costs.
(d) Program Requirements.--
(1) Location.--A community-based organization that receives a grant
under this section to assist in carrying out such a program shall ensure
that the program is carried out--
(A) when appropriate, in the facilities of a public school during
nonschool hours; or
(B) in another appropriate local facility in a State or Indian
country, such as a college or university, a local or State park or
recreation center, church, or military base, that is--
(i) in a location that is easily accessible to children in
the community; and
(ii) in compliance with all applicable local ordinances.
(2) Use of funds.--Such community-based organization--
(A) shall use funds made available through the grant to provide,
to children in the eligible community, services and activities that--
(i) shall include supervised sports programs, and
extracurricular and academic programs, that are offered--
(I) after school and on weekends and holidays, during the
school year; and
(II) as daily full-day programs (to the extent available
resources permit) or as part-day programs, during the summer
months;
(B) in providing such extracurricular and academic programs,
shall provide programs such as curriculum-based supervised
educational, work force preparation, entrepreneurship, cultural,
health programs, social activities, arts and crafts programs, dance
programs, tutorial and mentoring programs, and other related
activities;
(C) may use--
(i) such funds for minor renovation of facilities that are in
existence prior to the operation of the program and that are
necessary for the operation of the program for which the
organization receives the grant, purchase of sporting and
recreational equipment and supplies, reasonable costs for the
transportation of participants in the program, hiring of staff,
provision of meals for such participants, provision of health
services consisting of an initial basic physical examination,
provision of first aid and nutrition guidance, family
counselling, parental training, and substance abuse treatment
where appropriate; and
(ii) not more than 5 percent of such funds to pay for the
administrative costs of the program; and
(D) may not use such funds to provide sectarian worship or
sectarian instruction.
(e) Eligible Community Identification.--
(1) Identification.--To be eligible to receive a grant under this
section, a community-based organization shall identify an eligible
community to be assisted under this section.
(2) Criteria.--Such eligible community shall be an area that meets
such criteria with respect to significant poverty and significant
juvenile delinquency, and such additional criteria, as the Secretary may
by regulation require.
(f) Applications.--
(1) Application required.--To be eligible to receive a grant under
this section, a community-based organization shall submit an application
to the Secretary at such time, in such manner, and accompanied by such
information, as the Secretary may reasonably require, and obtain approval
of such application.
(2) Contents of application.--Each application submitted pursuant to
paragraph (1) shall--
(A) describe the activities and services to be provided through
the program for which the grant is sought;
(B) contain an assurance that the community-based organization
will spend grant funds received under this section in a manner that
the community-based organization determines will best accomplish the
objectives of this section;
(C) contain a comprehensive plan for the program that is designed
to achieve identifiable goals for children in the eligible community;
(D) set forth measurable goals and outcomes for the program
that--
(i) will--
(I) where appropriate, make a public school the focal
point of the eligible community; or
(II) make a local facility described in subsection
(d)(1)(B) such a focal point; and
(ii) may include reducing the percentage of children in the
eligible community that enter the juvenile justice system,
increasing the graduation rates, school attendance, and academic
success of children in the eligible community, and improving the
skills of program participants;
(E) provide evidence of support for accomplishing such goals and
outcomes from--
(i) community leaders;
(ii) businesses;
(iii) local educational agencies;
(iv) local officials;
(v) State officials;
(vi) Indian tribal government officials; and
(vii) other organizations that the community-based
organization determines to be appropriate;
(F) contain an assurance that the community-based organization
will use grant funds received under this section to provide children
in the eligible community with activities and services that shall
include supervised sports programs, and extracurricular and academic
programs, in accordance with subparagraphs (A) and (B) of subsection
(d)(2);
(G) contain a list of the activities and services that will be
offered through the program for which the grant is sought and
sponsored by private nonprofit organizations, individuals, and groups
serving the eligible community, including--
(i) extracurricular and academic programs, such as programs
described in subsection (d)(2)(B); and
(ii) activities that address specific needs in the community;
(H) demonstrate the manner in which the community-based
organization will make use of the resources, expertise, and
commitment of private entities in carrying out the program for which
the grant is sought;
(I) include an estimate of the number of children in the eligible
community expected to be served pursuant to the program;
(J) include a description of charitable private resources, and
all other resources, that will be made available to achieve the goals
of the program;
(K) contain an assurance that the community-based organization
will use competitive procedures when purchasing, contracting, or
otherwise providing for goods, activities, or services to carry out
programs under this section;
(L) contain an assurance that the program will maintain a staff-
to-participant ratio (including volunteers) that is appropriate to
the activity or services provided by the program;
(M) contain an assurance that the program will maintain an
average attendance rate of not less than 75 percent of the
participants enrolled in the program, or will enroll additional
participants in the program;
(N) contain an assurance that the community-based organization
will comply with any evaluation under subsection (m), any research
effort authorized under Federal law, and any investigation by the
Secretary;
(O) contain an assurance that the community-based organization
shall prepare and submit to the Secretary an annual report regarding
any program conducted under this section;
(P) contain an assurance that the program for which the grant is
sought will, to the maximum extent possible, incorporate services
that are provided solely through non-Federal private or nonprofit
sources; and
(Q) contain an assurance that the community-based organization
will maintain separate accounting records for the program.
(3) Priority.--In awarding grants to carry out programs under this
section, the Secretary shall give priority to community-based
organizations who submit applications that demonstrate the greatest
effort in generating local support for the programs.
(g) Eligibility of Participants.--
(1) In general.--To the extent possible, each child who resides in an
eligible community shall be eligible to participate in a program carried
out in such community that receives assistance under this section.
(2) Eligibility.--To be eligible to participate in a program that
receives assistance under this section, a child shall provide the express
written approval of a parent or guardian, and shall submit an official
application and agree to the terms and conditions of participation in the
program.
(3) Nondiscrimination.--In selecting children to participate in a
program that receives assistance under this section, a community-based
organization shall not discriminate on the basis of race, color,
religion, sex, national origin, or disability.
(h) Peer Review Panel.--
(1) Establishment.--The Secretary may establish a peer review panel
that shall be comprised of individuals with demonstrated experience in
designing and implementing community-based programs.
(2) Composition.--A peer review panel shall include at least 1
representative from each of the following:
(A) A community-based organization.
(B) A local government.
(C) A school district.
(D) The private sector.
(E) A charitable organization.
(F) A representative of the United States Olympic Committee, at
the option of the Secretary.
(3) Functions.--A peer review panel shall conduct the initial review
of all grant applications received by the Secretary under subsection (f),
make recommendations to the Secretary regarding--
(A) grant funding under this section; and
(B) a design for the evaluation of programs assisted under this
section.
(i) Investigations and Inspections.--The Secretary may conduct such
investigations and inspections as may be necessary to ensure compliance with
the provisions of this section.
(j) Payments; Federal Share; Non-Federal Share.--
(1) Payments.--The Secretary shall, subject to the availability of
appropriations, pay to each community-based organization having an
application approved under subsection (f) the Federal share of the costs
of developing and carrying out programs described in subsection (c).
(2) Federal share.--The Federal share of such costs shall be no more
than--
(A) 75 percent for each of fiscal years 1995 and 1996;
(B) 70 percent for fiscal year 1997; and
(C) 60 percent for fiscal year 1998 and thereafter.
(3) Non-federal share.--
(A) In general.--The non-Federal share of such costs may be in
cash or in kind, fairly evaluated, including plant, equipment, and
services (including the services described in subsection (f)(2)(P)),
and funds appropriated by the Congress for the activity of any agency
of an Indian tribal government or the Bureau of Indian Affairs on any
Indian lands may be used to provide the non-Federal share of the
costs of programs or projects funded under this subtitle.
(B) Special rule.--At least 15 percent of the non-Federal share
of such costs shall be provided from private or nonprofit sources.
(k) Evaluation.--The Secretary shall conduct a thorough evaluation of the
programs assisted under this section, which shall include an assessment of--
(1) the number of children participating in each program assisted
under this section;
(2) the academic achievement of such children;
(3) school attendance and graduation rates of such children; and
(4) the number of such children being processed by the juvenile
justice system.
SEC. 30402. FAMILY AND COMMUNITY ENDEAVOR SCHOOLS GRANT PROGRAM.
(a) Short Title.--This section may be cited as the "Family and Community
Endeavor Schools Act".
(b) Purpose.--It is the purpose of this section to improve the overall
development of at-risk children who reside in eligible communities as defined
in subsection (l)(3).
(c) Program Authority.--The Secretary may award grants on a competitive
basis to eligible local entities to pay for the Federal share of assisting
eligible communities to develop and carry out programs in accordance with
this section. No local entity shall receive a grant of less than $250,000 in
a fiscal year. Amounts made available through such grants shall remain
available until expended.
(d) Program Requirements.--
(1) Improvement programs.--A local entity that receives funds under
this section shall develop or expand programs that are designed to
improve academic and social development by instituting a collaborative
structure that trains and coordinates the efforts of teachers,
administrators, social workers, guidance counselors, parents, and school
volunteers to provide concurrent social services for at-risk students at
selected public schools in eligible communities.
(2) Optional activities.--A local entity that receives funds under
this section may develop a variety of programs to serve the comprehensive
needs of students, including--
(A) homework assistance and after-school programs, including
educational, social, and athletic activities;
(B) nutrition services;
(C) mentoring programs;
(D) family counseling; and
(E) parental training programs.
(e) Eligible Community Identification.--The Secretary through regulation
shall define the criteria necessary to qualify as an eligible community as
defined in subsection (l)(3).
(f) Grant Eligibility.--To be eligible to receive a grant under this
section, a local entity shall--
(1) identify an eligible community to be assisted;
(2) develop a community planning process that includes--
(A) parents and family members;
(B) local school officials;
(C) teachers employed at schools within the eligible community;
(D) public housing resident organization members, where
applicable; and
(E) public and private nonprofit organizations that provide
education, child protective services, or other human services to low-
income, at-risk children and their families; and
(3) develop a concentrated strategy for implementation of the
community planning process developed under paragraph (2) that targets
clusters of at-risk children in the eligible community.
(g) Applications.--
(1) Application required.--To be eligible to receive a grant under
this section, a local entity shall submit an application to the Secretary
at such time, in such manner, and accompanied by such information, as the
Secretary may reasonably require, and obtain approval of such
application.
(2) Contents of application.--Each application submitted under
paragraph (1) shall--
(A) contain a comprehensive plan for the program that is designed
to improve the academic and social development of at-risk children in
schools in the eligible community;
(B) provide evidence of support for accomplishing the objectives
of such plan from--
(i) community leaders;
(ii) a school district;
(iii) local officials; and
(iv) other organizations that the local entity determines to
be appropriate;
(C) provide an assurance that the local entity will use grant
funds received under this subsection to implement the program
requirements listed in subsection (d);
(D) include an estimate of the number of children in the eligible
community expected to be served under the program;
(E) provide an assurance that the local entity will comply with
any evaluation requested under subsection (k), any research effort
authorized under Federal law, and any investigation by the Secretary;
(F) provide an assurance that the local entity shall prepare and
submit to the Secretary an annual report regarding any program
conducted under this section;
(G) provide an assurance that funds made available under this
section shall be used to supplement, not supplant, other Federal
funds that would otherwise be available for activities funded under
this section; and
(H) provide an assurance that the local entity will maintain
separate accounting records for the program.
(3) Priority.--In awarding grants to carry out programs under this
section, the Secretary shall give priority to local entities which submit
applications that demonstrate the greatest effort in generating local
support for the programs.
(h) Peer Review Panel.--
(1) Establishment.--The Secretary shall establish a peer review panel
not to exceed 8 members that shall be comprised of individuals with
demonstrated experience in designing and implementing programs to improve
the academic and social development of at-risk children.
(2) Functions.--Such panel shall make recommendations to the
Secretary regarding--
(A) an illustrative model that effectively achieves the program
requirements indicated in subsection (d) and a process whereby local
entities can request such model; and
(B) a design for the evaluation of programs assisted under this
section.
(i) Investigations and Inspections.--The Secretary may conduct such
investigations and inspections as may be necessary to ensure compliance with
the provisions of this section.
(j) Federal Share.--
(1) Payments.--The Secretary shall, subject to the availability of
appropriations, pay to each local entity having an application approved
under subsection (g) the Federal share of the costs of developing and
carrying out programs referred to in subsection (d).
(2) Federal share.--The Federal share of such costs shall be 70
percent.
(3) Non-federal share.--
(A) In general.--The non-Federal share of such costs may be in
cash or in kind, fairly evaluated, including personnel, plant,
equipment, and services.
(B) Special rule.--Not less than 15 percent of the non-Federal
share of such costs shall be provided from private or nonprofit
sources.
(k) Evaluation.--The Secretary shall require a thorough evaluation of the
programs assisted under this section, which shall include an assessment of
the academic and social achievement of children assisted with funds provided
under this section.
(l) Definitions.--For purposes of this section--
(1) the term "Secretary" means to the Secretary of the Department of
Education;
(2) the term "local entity" means--
(A) a local educational agency, or
(B) a community-based organization as defined in section 1471(3)
of the Elementary and Secondary Education Act of 1965;
(3) the term "eligible community" means an area which meets criteria
with respect to significant poverty and significant violent crime, and
such additional criteria, as the Secretary may by regulation require; and
(4) the term "public school" means an elementary school (as defined
in section 1471(8) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 2891(8))) and a secondary school (as defined in section
1471(21) of that Act).
SEC. 30403. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry out
this subtitle--
(1) $37,000,000 for fiscal year 1995;
(2) $103,500,000 for fiscal year 1996;
(3) $121,500,000 for fiscal year 1997;
(4) $153,000,000 for fiscal year 1998;
(5) $193,500,000 for fiscal year 1999; and
(6) $201,500,000 for fiscal year 2000.
(b) Programs.--Of the amounts appropriated under subsection (a) for any
fiscal year--
(1) 70 percent shall be made available to carry out section 30401;
and
(2) 30 percent shall be made available to carry out section 30402.
Subtitle G--Assistance for Delinquent and At-Risk Youth
SEC. 30701. GRANT AUTHORITY.
(a) Grants.--
(1) In general.--In order to prevent the commission of crimes or
delinquent acts by juveniles, the Attorney General may make grants to
public or private nonprofit organizations to support the development and
operation of projects to provide residential services to youth, aged 11
to 19, who--
(A) have dropped out of school;
(B) have come into contact with the juvenile justice system; or
(C) are at risk of dropping out of school or coming into contact
with the juvenile justice system.
(2) Consultation with the ounce of prevention council.--The Attorney
General may consult with the Ounce of Prevention Council in making grants
under paragraph (1).
(3) Services.--Such services shall include activities designed to--
(A) increase the self-esteem of such youth;
(B) assist such youth in making healthy and responsible choices;
(C) improve the academic performance of such youth pursuant to a
plan jointly developed by the applicant and the school which each
such youth attends or should attend; and
(D) provide such youth with vocational and life skills.
(b) Applications.--
(1) In general.--A public agency or private nonprofit organization
which desires a grant under this section shall submit an application at
such time and in such manner as the Attorney General may prescribe.
(2) Contents.--An application under paragraph (1) shall include--
(A) a description of the program developed by the applicant,
including the activities to be offered;
(B) a detailed discussion of how such program will prevent youth
from committing crimes or delinquent acts;
(C) evidence that such program--
(i) will be carried out in facilities which meet applicable
State and local laws with regard to safety;
(ii) will include academic instruction, approved by the
State, Indian tribal government, or local educational agency,
which meets or exceeds State, Indian tribal government, and local
standards and curricular requirements; and
(iii) will include instructors and other personnel who
possess such qualifications as may be required by applicable
State or local laws; and
(D) specific, measurable outcomes for youth served by the
program.
(c) Consideration of Applications.--Not later than 60 days following the
submission of applications, the Attorney General shall--
(1) approve each application and disburse the funding for each such
application; or
(2) disapprove the application and inform the applicant of such
disapproval and the reasons therefor.
(d) Reports.--A grantee under this section shall annually submit a report
to the Attorney General that describes the activities and accomplishments of
such program, including the degree to which the specific youth outcomes are
met.
(e) Definitions.--In this subtitle--
"Indian tribe" means a tribe, band, pueblo, nation, or other
organized group or community of Indians, including Alaska Native village
(as defined in or established under the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.)), that is recognized as eligible for the
special programs and services provided by the United States to Indians
because of their status as Indians.
"State" means a State, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and
the Northern Mariana Islands.
SEC. 30702. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for grants under section 30701--
(1) $5,400,000 for fiscal year 1996;
(2) $6,300,000 for fiscal year 1997;
(3) $7,200,000 for fiscal year 1998;
(4) $8,100,000 for fiscal year 1999; and
(5) $9,000,000 for fiscal year 2000.
Subtitle H--Police Recruitment
SEC. 30801. GRANT AUTHORITY.
(a) Grants.--
(1) In general.--The Attorney General may make grants to qualified
community organizations to assist in meeting the costs of qualified
programs which are designed to recruit and retain applicants to police
departments.
(2) Consultation with the ounce of prevention council.--The Attorney
General may consult with the Ounce of Prevention Council in making grants
under paragraph (1).
(b) Qualified Community Organizations.--An organization is a qualified
community organization which is eligible to receive a grant under subsection
(a) if the organization--
(1) is a nonprofit organization; and
(2) has training and experience in--
(A) working with a police department and with teachers,
counselors, and similar personnel,
(B) providing services to the community in which the organization
is located,
(C) developing and managing services and techniques to recruit
individuals to become members of a police department and to assist
such individuals in meeting the membership requirements of police
departments,
(D) developing and managing services and techniques to assist in
the retention of applicants to police departments, and
(E) developing other programs that contribute to the community.
(c) Qualified Programs.--A program is a qualified program for which a
grant may be made under subsection (a) if the program is designed to recruit
and train individuals from underrepresented neighborhoods and localities and
if--
(1) the overall design of the program is to recruit and retain
applicants to a police department;
(2) the program provides recruiting services which include tutorial
programs to enable individuals to meet police force academic requirements
and to pass entrance examinations;
(3) the program provides counseling to applicants to police
departments who may encounter problems throughout the application
process; and
(4) the program provides retention services to assist in retaining
individuals to stay in the application process of a police department.
(d) Applications.--To qualify for a grant under subsection (a), a
qualified organization shall submit an application to the Attorney General in
such form as the Attorney General may prescribe. Such application shall--
(1) include documentation from the applicant showing--
(A) the need for the grant;
(B) the intended use of grant funds;
(C) expected results from the use of grant funds; and
(D) demographic characteristics of the population to be served,
including age, disability, race, ethnicity, and languages used; and
(2) contain assurances satisfactory to the Attorney General that the
program for which a grant is made will meet the applicable requirements
of the program guidelines prescribed by the Attorney General under
subsection (i).
(e) Action by the Attorney General.--Not later than 60 days after the
date that an application for a grant under subsection (a) is received, the
Attorney General shall consult with the police department which will be
involved with the applicant and shall--
(1) approve the application and disburse the grant funds applied for;
or
(2) disapprove the application and inform the applicant that the
application is not approved and provide the applicant with the reasons
for the disapproval.
(f) Grant Disbursement.--The Attorney General shall disburse funds under
a grant under subsection (a) in accordance with regulations of the Attorney
General which shall ensure--
(1) priority is given to applications for areas and organizations
with the greatest showing of need;
(2) that grant funds are equitably distributed on a geographic basis;
and
(3) the needs of underserved populations are recognized and
addressed.
(g) Grant Period.--A grant under subsection (a) shall be made for a
period not longer than 3 years.
(h) Grantee Reporting.--(1) For each year of a grant period for a grant
under subsection (a), the recipient of the grant shall file a performance
report with the Attorney General explaining the activities carried out with
the funds received and assessing the effectiveness of such activities in
meeting the purpose of the recipient's qualified program.
(2) If there was more than one recipient of a grant, each recipient shall
file such report.
(3) The Attorney General shall suspend the funding of a grant, pending
compliance, if the recipient of the grant does not file the report required
by this subsection or uses the grant for a purpose not authorized by this
section.
(i) Guidelines.--The Attorney General shall, by regulation, prescribe
guidelines on content and results for programs receiving a grant under
subsection (a). Such guidelines shall be designed to establish programs which
will be effective in training individuals to enter instructional programs for
police departments and shall include requirements for--
(1) individuals providing recruiting services;
(2) individuals providing tutorials and other academic assistance
programs;
(3) individuals providing retention services; and
(4) the content and duration of recruitment, retention, and
counseling programs and the means and devices used to publicize such
programs.
SEC. 30802. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for grants under section 30801--
(1) $2,000,000 for fiscal year 1996;
(2) $4,000,000 for fiscal year 1997;
(3) $5,000,000 for fiscal year 1998;
(4) $6,000,000 for fiscal year 1999; and
(5) $7,000,000 for fiscal year 2000.
Subtitle J--Local Partnership Act
SEC. 31001. ESTABLISHMENT OF PAYMENT PROGRAM.
(a) Establishment of Program.--Title 31, United States Code, is amended
by inserting after chapter 65 the following new chapter:
"CHAPTER 67--FEDERAL PAYMENTS
"Sec.
"6701. Payments to local governments.
"6702. Local Government Fiscal Assistance Fund.
"6703. Qualification for payment.
"6704. State area allocations; allocations and payments to territorial
governments.
"6705. Local government allocations.
"6706. Income gap multiplier.
"6707. State variation of local government allocations.
"6708. Adjustments of local government allocations.
"6709. Information used in allocation formulas.
"6710. Public participation.
"6711. Prohibited discrimination.
"6712. Discrimination proceedings.
"6713. Suspension and termination of payments in discrimination proceedings.
"6714. Compliance agreements.
"6715. Enforcement by the Attorney General of prohibitions on discrimination.
"6716. Civil action by a person adversely affected.
"6717. Judicial review.
"6718. Investigations and reviews.
"6719. Reports.
"6720. Definitions, application, and administration.
"Sec. 6701. Payments to local governments
"(a) Payment and Use.--
"(1) Payment.--The Secretary shall pay to each unit of general local
government which qualifies for a payment under this chapter an amount
equal to the sum of any amounts allocated to the government under this
chapter for each payment period. The Secretary shall pay such amount out
of the Local Government Fiscal Assistance Fund under section 6702.
"(2) Use.--Amounts paid to a unit of general local government under
this section shall be used by that unit for carrying out one or more
programs of the unit related to--
"(A) education to prevent crime;
"(B) substance abuse treatment to prevent crime; or
"(C) job programs to prevent crime.
"(3) Coordination.--Programs funded under this title shall be
coordinated with other existing Federal programs to meet the overall
needs of communities that benefit from funds received under this section.
"(b) Timing of Payments.--The Secretary shall pay each amount allocated
under this chapter to a unit of general local government for a payment period
by the later of 90 days after the date the amount is available or the first
day of the payment period provided that the unit of general local government
has provided the Secretary with the assurances required by section 6703(d).
"(c) Adjustments.--
"(1) In general.--Subject to paragraph (2), the Secretary shall
adjust a payment under this chapter to a unit of general local government
to the extent that a prior payment to the government was more or less
than the amount required to be paid.
"(2) Considerations.--The Secretary may increase or decrease under
this subsection a payment to a unit of local government only if the
Secretary determines the need for the increase or decrease, or the unit
requests the increase or decrease, within one year after the end of the
payment period for which the payment was made.
"(d) Reservation for Adjustments.--The Secretary may reserve a percentage
of not more than 2 percent of the amount under this section for a payment
period for all units of general local government in a State if the Secretary
considers the reserve is necessary to ensure the availability of sufficient
amounts to pay adjustments after the final allocation of amounts among the
units of general local government in the State.
"(e) Repayment of Unexpended Amounts.--
"(1) Repayment required.--A unit of general local government shall
repay to the Secretary, by not later than 15 months after receipt from
the Secretary, any amount that is--
"(A) paid to the unit from amounts appropriated under the
authority of this section; and
"(B) not expended by the unit within one year after receipt from
the Secretary.
"(2) Penalty for failure to repay.--If the amount required to be
repaid is not repaid, the Secretary shall reduce payments in future
payment periods accordingly.
"(3) Deposit of amounts repaid.--Amounts received by the Secretary as
repayments under this subsection shall be deposited in the Local
Government Fiscal Assistance Fund for future payments to units of general
local government.
"(f) Expenditure With Disadvantaged Business Enterprises.--
"(1) General rule.--Of amounts paid to a unit of general local
government under this chapter for a payment period, not less than 10
percent of the total combined amounts obligated by the unit for contracts
and subcontracts shall be expended with--
"(A) small business concerns controlled by socially and
economically disadvantaged individuals and women; and
"(B) historically Black colleges and universities and colleges
and universities having a student body in which more than 20 percent
of the students are Hispanic Americans or Native Americans.
"(2) Exception.--Paragraph (1) shall not apply to amounts paid to a
unit of general local government to the extent the unit determines that
the paragraph does not apply through a process that provides for public
participation.
"(3) Definitions.--For purposes of this subsection--
"(A) the term 'small business concern' has the meaning such term
has under section 3 of the Small Business Act; and
"(B) the term 'socially and economically disadvantaged
individuals' has the meaning such term has under section 8(d) of the
Small Business Act and relevant subcontracting regulations
promulgated pursuant to that section.
"(g) Nonsupplanting Requirement.--
"(1) In general.--Funds made available under this chapter to units of
local government shall not be used to supplant State or local funds, but
will be used to increase the amount of funds that would, in the absence
of funds under this chapter, be made available from State or local
sources.
"(2) Base level amount.--The total level of funding available to a
unit of local government for accounts serving eligible purposes under
this chapter in the fiscal year immediately preceding receipt of a grant
under this chapter shall be designated the 'base level account' for the
fiscal year in which grant is received. Grants under this chapter in a
given fiscal year shall be reduced on a dollar for dollar basis to the
extent that a unit of local government reduces its base level account in
that fiscal year.
"Sec. 6702. Local Government Fiscal Assistance Fund
"(a) Administration of Fund.--The Department of the Treasury has a Local
Government Fiscal Assistance Fund, which consists of amounts appropriated to
the Fund.
"(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund--
"(1) $270,000,000 for fiscal year 1996;
"(2) $283,500,000 for fiscal year 1997;
"(3) $355,500,000 for fiscal year 1998;
"(4) $355,500,000 for fiscal year 1999; and
"(5) $355,500,000 for fiscal year 2000.
Such sums are to remain available until expended.
"(c) Administrative Costs.--Up to 2.5 percent of the amount authorized to
be appropriated under subsection (b) is authorized to be appropriated for the
period fiscal year 1995 through fiscal year 2000 to be available for
administrative costs by the Secretary in furtherance of the purposes of the
program. Such sums are to remain available until expended.
"Sec. 6703. Qualification for payment
"(a) In General.--The Secretary shall issue regulations establishing
procedures under which eligible units of general local government are
required to provide notice to the Secretary of the units' proposed use of
assistance under this chapter. Subject to subsection (c), the assistance
provided shall be used, in amounts determined by the unit, for activities
under, or for activities that are substantially similar to an activity under,
1 or more of the following programs and the notice shall identify 1 or more
of the following programs for each such use:
"(1) The Drug Abuse Resistance Education Program under section 5122
of the Elementary and Secondary Education Act of 1965.
"(2) The National Youth Sports Program under section 682 of the
Community Services Block Grant Act (Public Law 97-35) as amended by
section 205, Public Law 103-252.
"(3) The Gang Resistance Education and Training Program under the Act
entitled 'An Act making appropriations for the Treasury Department, the
United States Postal Service, the Executive Office of the President, and
certain Independent Agencies, for the fiscal year ending September 30,
1991, and for other purposes', approved November 5, 1990 (Public Law 101-
509).
"(4) Programs under title II or IV of the Job Training Partnership
Act (29 U.S.C. 1601 et seq.).
"(5) Programs under subtitle C of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12571 et seq.) as amended.
"(6) Programs under the School to Work Opportunities Act (Public Law
103-239).
"(7) Substance Abuse Treatment and Prevention programs authorized
under title V or XIX of the Public Health Services Act (43 U.S.C. 201 et
seq.).
"(8) Programs under the Head Start Act (42 U.S.C. 9831 et seq.).
"(9) Programs under part A or B of chapter 1 of title I of the
Elementary and Secondary Education Act of 1965.
"(10) The TRIO programs under part A of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.).
"(11) Programs under the National Literacy Act of 1991.
"(12) Programs under the Carl Perkins Vocational Educational and
Applied Technology Education Act (20 U.S.C. 2301 et seq.).
"(13) The demonstration partnership programs including the community
initiative targeted to minority youth under section 203 of the Human
Services Reauthorization of 1994 (Public Law 103-232).
"(14) The runaway and homeless youth program and the transitional
living program for homeless youth under title III of the Juvenile Justice
and Delinquency Prevention Act (Public Law 102-586).
"(15) The family support program under subtitle F of title VII of the
Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 1148 et seq.).
"(16) After-school activities for school aged children under the
Child Care and Development Block Grant Act (42 U.S.C. 9858 et seq.).
"(17) The community-based family resource programs under section 401
of the Human Services Reauthorization Act of 1994 (Public Law 103-232).
"(18) The family violence programs under the Child Abuse Prevention
and Treatment Act Amendments of 1984.
"(19) Job training programs administered by the Department of
Agriculture, the Department of Defense, or the Department of Housing and
Urban Development.
"(b) Notice to Agency.--Upon receipt of notice under subsection (a) from
an eligible unit of general local government, the Secretary shall notify the
head of the appropriate Federal agency for each program listed in subsection
(a) that is identified in the notice as a program under which an activity
will be conducted with assistance under this chapter. The notification shall
state that the unit has elected to use some or all of its assistance under
this chapter for activities under that program. The head of a Federal agency
that receives such a notification shall ensure that such use is in compliance
with the laws and regulations applicable to that program, except that any
requirement to provide matching funds shall not apply to that use.
"(c) Alternative Uses of Funds.--
"(1) Alternative uses authorized.--In lieu of, or in addition to, use
for an activity described in subsection (a) and notice for that use under
subsection (a), an eligible unit of general local government may use
assistance under this chapter, and shall provide notice of that use to
the Secretary under subsection (a), for any other activity that is
consistent with 1 or more of the purposes described in section
6701(a)(2).
"(2) Notice deemed to describe consistent use.--Notice by a unit of
general local government that it intends to use assistance under this
chapter for an activity other than an activity described in subsection
(a) is deemed to describe an activity that is consistent with 1 or more
of the purposes described in section 6701(a)(2) unless the Secretary
provides to the unit, within 30 days after receipt of that notice of
intent from the unit, written notice (including an explanation) that the
use is not consistent with those purposes.
"(d) General Requirements for Qualification.--A unit of general local
government qualifies for a payment under this chapter for a payment period
only after establishing to the satisfaction of the Secretary that--
"(1) the government will establish a trust fund in which the
government will deposit all payments received under this chapter;
"(2) the government will use amounts in the trust fund (including
interest) during a reasonable period;
"(3) the government will expend the payments so received, in
accordance with the laws and procedures that are applicable to the
expenditure of revenues of the government;
"(4) if at least 25 percent of the pay of individuals employed by the
government in a public employee occupation is paid out of the trust fund,
individuals in the occupation any part of whose pay is paid out of the
trust fund will receive pay at least equal to the prevailing rate of pay
for individuals employed in similar public employee occupations by the
government;
"(5) All laborers and mechanics employed by contractors or
subcontractors in the performance of any contract and subcontract for the
repair, renovation, alteration, or construction, including painting and
decorating, of any building or work that is financed in whole or in part
by a grant under this title, shall be paid wages not less than those
determined by the Secretary of Labor in accordance with the Act of March
3, 1931 (commonly known as the Davis-Bacon Act); as amended (40 U.S.C.
276a-276a-5). The Secretary of Labor shall have the authority and
functions set forth in reorganization plan of No. 14 of 1950 (15 FR 3176;
64 Stat. 1267) and section 2 of the Act of June 1, 1934 (commonly known
as the Copeland Anti-Kickback Act) as amended (40 U.S.C. 276c, 48 Stat.
948).
"(5) the government will use accounting, audit, and fiscal procedures
that conform to guidelines which shall be prescribed by the Secretary
after consultation with the Comptroller General of the United States. As
applicable, amounts received under this chapter shall be audited in
compliance with the Single Audit Act of 1984;
"(6) after reasonable notice to the government, the government will
make available to the Secretary and the Comptroller General of the United
States, with the right to inspect, records the Secretary reasonably
requires to review compliance with this chapter or the Comptroller
General of the United States reasonably requires to review compliance and
operations under section 6718(b);
"(7) the government will make reports the Secretary reasonably
requires, in addition to the annual reports required under section
6719(b); and
"(8) the government will spend the funds only for the purposes set
forth in section 6701(a)(2).
"(e) Review by Governors.--A unit of general local government shall give
the chief executive officer of the State in which the government is located
an opportunity for review and comment before establishing compliance with
subsection (d).
"(f) Sanctions for Noncompliance.--
"(1) In general.--If the Secretary decides that a unit of general
local government has not complied substantially with subsection (d) or
regulations prescribed under subsection (d), the Secretary shall notify
the government. The notice shall state that if the government does not
take corrective action by the 60th day after the date the government
receives the notice, the Secretary will withhold additional payments to
the government for the current payment period and later payment periods
until the Secretary is satisfied that the government--
"(A) has taken the appropriate corrective action; and
"(B) will comply with subsection (d) and regulations prescribed
under subsection (d).
"(2) Notice.--Before giving notice under paragraph (1), the Secretary
shall give the chief executive officer of the unit of general local
government reasonable notice and an opportunity for comment.
"(3) Payment conditions.--The Secretary may make a payment to a unit
of general local government notified under paragraph (1) only if the
Secretary is satisfied that the government--
"(A) has taken the appropriate corrective action; and
"(B) will comply with subsection (d) and regulations prescribed
under subsection (d).
"Sec. 6704. State area allocations; allocations and payments to territorial
governments
"(a) Formula Allocation by State.--For each payment period, the Secretary
shall allocate to each State out of the amount appropriated for the period
under the authority of section 6702(b) (minus the amounts allocated to
territorial governments under subsection (e) for the payment period) an
amount bearing the same ratio to the amount appropriated (minus such amounts
allocated under subsection (e)) as the amount allocated to the State under
this section bears to the total amount allocated to all States under this
section. The Secretary shall--
"(1) determine the amount allocated to the State under subsection (b)
or (c) of this section and allocate the larger amount to the State; and
"(2) allocate the amount allocated to the State to units of general
local government in the State under sections 6705 and 6706.
"(b) General Formula.--
"(1) In general.--For the payment period beginning October 1, 1994,
the amount allocated to a State under this subsection for a payment
period is the amount bearing the same ratio to $5,300,000,000 as--
"(A) the population of the State, multiplied by the general tax
effort factor of the State (determined under paragraph (2)),
multiplied by the relative income factor of the State (determined
under paragraph (3)), multiplied by the relative rate of the labor
force unemployed in the State (determined under paragraph (4)); bears
to
"(B) the sum of the products determined under subparagraph (A) of
this paragraph for all States.
"(2) General tax effort factor.--The general tax effort factor of a
State for a payment period is--
"(A) the net amount of State and local taxes of the State
collected during the year 1991 as reported by the Bureau of the
Census in the publication Government Finances 1990-1991; divided by
"(B) the total income of individuals, as determined by the
Secretary of Commerce for national accounts purposes for 1992 as
reported in the publication Survey of Current Business (August 1993),
attributed to the State for the same year.
"(3) Relative income factor.--The relative income factor of a State
is a fraction in which--
"(A) the numerator is the per capita income of the United States;
and
"(B) the denominator is the per capita income of the State.
"(4) Relative rate of labor force.--The relative rate of the labor
force unemployed in a State is a fraction in which--
"(A) the numerator is the percentage of the labor force of the
State that is unemployed in the calendar year preceding the payment
period (as determined by the Secretary of Labor for general
statistical purposes); and
"(B) the denominator is the percentage of the labor force of the
United States that is unemployed in the calendar year preceding the
payment period (as determined by the Secretary of Labor for general
statistical purposes).
"(c) Alternative Formula.--For the payment period beginning October 1,
1994, the amount allocated to a State under this subsection for a payment
period is the total amount the State would receive if--
"(1) $1,166,666,667 were allocated among the States on the basis of
population by allocating to each State an amount bearing the same ratio
to the total amount to be allocated under this paragraph as the
population of the State bears to the population of all States;
"(2) $1,166,666,667 were allocated among the States on the basis of
population inversely weighted for per capita income, by allocating to
each State an amount bearing the same ratio to the total amount to be
allocated under this paragraph as--
"(A) the population of the State, multiplied by a fraction in
which--
"(i) the numerator is the per capita income of all States;
and
"(ii) the denominator is the per capita income of the State;
bears to
"(B) the sum of the products determined under subparagraph (A)
for all States;
"(3) $600,000,000 were allocated among the States on the basis of
income tax collections by allocating to each State an amount bearing the
same ratio to the total amount to be allocated under this paragraph as
the income tax amount of the State (determined under subsection (d)(1))
bears to the sum of the income tax amounts of all States;
"(4) $600,000,000 were allocated among the States on the basis of
general tax effort by allocating to each State an amount bearing the same
ratio to the total amount to be allocated under this paragraph as the
general tax effort amount of the State (determined under subsection
(d)(2)) bears to the sum of the general tax effort amounts of all States;
"(5) $600,000,000 were allocated among the States on the basis of
unemployment by allocating to each State an amount bearing the same ratio
to the total amount to be allocated under this paragraph as--
"(A) the labor force of the State, multiplied by a fraction in
which--
"(i) the numerator is the percentage of the labor force of
the State that is unemployed in the calendar year preceding the
payment period (as determined by the Secretary of Labor for
general statistical purposes); and
"(ii) the denominator is the percentage of the labor force of
the United States that is unemployed in the calendar year
preceding the payment period (as determined by the Secretary of
Labor for general statistical purposes)
bears to
"(B) the sum of the products determined under subparagraph (A)
for all States; and
"(6) $1,166,666,667 were allocated among the States on the basis of
urbanized population by allocating to each State an amount bearing the
same ratio to the total amount to be allocated under this paragraph as
the urbanized population of the State bears to the urbanized population
of all States. In this paragraph, the term 'urbanized population' means
the population of an area consisting of a central city or cities of at
least 50,000 inhabitants and the surrounding closely settled area for the
city or cities considered as an urbanized area as published by the Bureau
of the Census for 1990 in the publication General Population
Characteristics for Urbanized Areas.
"(d) Income Tax Amount and Tax Effort Amount.--
"(1) Income tax amount.--The income tax amount of a State for a
payment period is 15 percent of the net amount collected during the
calendar year ending before the beginning of the payment period from the
tax imposed on the income of individuals by the State and described as a
State income tax under section 164(a)(3) of the Internal Revenue Code of
1986 (26 U.S.C. 164(a)(3)). The income tax amount for a payment period
shall be at least 1 percent but not more than 6 percent of the United
States Government individual income tax liability attributed to the State
for the taxable year ending during the last calendar year ending before
the beginning of the payment period. The Secretary shall determine the
Government income tax liability attributed to the State by using the data
published by the Secretary for 1991 in the publication Statistics of
Income Bulletin (Winter 1993-1994).
"(2) General tax effort amount.--The general tax effort amount of a
State for a payment period is the amount determined by multiplying--
"(A) the net amount of State and local taxes of the State
collected during the year 1991 as reported in the Bureau of Census in
the publication Government Finances 1990-1991; and
"(B) the general tax effort factor of the State determined under
subsection (b)(2).
"(e) Allocation for Puerto Rico, Guam, American Samoa, and the Virgin
Islands.--
"(1) In general.--(A) For each payment period for which funds are
available for allocation under this chapter, the Secretary shall allocate
to each territorial government an amount equal to the product of 1
percent of the amount of funds available for allocation multiplied by the
applicable territorial percentage.
"(B) For the purposes of this paragraph, the applicable territorial
percentage of a territory is equal to the quotient resulting from the
division of the territorial population of such territory by the sum of
the territorial population for all territories.
"(2) Payments to local governments.--The governments of the
territories shall make payments to local governments within their
jurisdiction from sums received under this subsection as they consider
appropriate.
"(3) Definitions.--For purposes of this subsection--
"(A) the term 'territorial government' means the government of a
territory;
"(B) the term 'territory' means Puerto Rico, Guam, American
Samoa, and the Virgin Islands; and
"(C) the term 'territorial population' means the most recent
population for each territory as determined by the Bureau of Census.
"Sec. 6705. Local government allocations
"(a) Indian Tribes and Alaskan Natives Villages.--If there is in a State
an Indian tribe or Alaskan native village having a recognized governing body
carrying out substantial governmental duties and powers, the Secretary shall
allocate to the tribe or village, out of the amount allocated to the State
under section 6704, an amount bearing the same ratio to the amount allocated
to the State as the population of the tribe or village bears to the
population of the State. The Secretary shall allocate amounts under this
subsection to Indian tribes and Alaskan native villages in a State before
allocating amounts to units of general local government in the State under
subsection (c). For the payment period beginning October 1, 1994, the
Secretary shall use as the population of each Indian tribe or Alaskan native
village the population for 1991 as reported by the Bureau of Indian Affairs
in the publication Indian Service Population and Labor Force Estimates
(January 1991). In addition to uses authorized under section 6701(a)(2),
amounts allocated under this subsection and paid to an Indian tribe or
Alaskan native village under this chapter may be used for renovating or
building prisons or other correctional facilities.
"(b) Newly Incorporated Local Governments and Annexed Governments.--If
there is in a State a unit of general local government that has been
incorporated since the date of the collection of the data used by the
Secretary in making allocations pursuant to sections 6704 through 6706 and
6708, the Secretary shall allocate to this newly incorporated local
government, out of the amount allocated to the State under section 6704, an
amount bearing the same ratio to the amount allocated to the State as the
population of the newly incorporated local government bears to the population
of the State. If there is in the State a unit of general local government
that has been annexed since the date of the collection of the data used by
the Secretary in making allocations pursuant to sections 6704 through 6706
and 6708, the Secretary shall pay the amount that would have been allocated
to this local government to the unit of general local government that annexed
it.
"(c) Other Local Government Allocations.--
"(1) In general.--The Secretary shall allocate among the units of
general local government in a State (other than units receiving
allocations under subsection (a)) the amount allocated to the State under
section 6704 (as that amount is reduced by allocations under subsection
(a)). Of the amount to be allocated, the Secretary shall allocate a
portion equal to 1/2 of such amount in accordance with section 6706(1),
and shall allocate a portion equal to 1/2 of such amount in accordance
with section 6706(2). A unit of general local government shall receive an
amount equal to the sum of amounts allocated to the unit from each
portion.
"(2) Ratio.--From each portion to be allocated to units of local
government in a State under paragraph (1), the Secretary shall allocate
to a unit an amount bearing the same ratio to the funds to be allocated
as--
"(A) the population of the unit, multiplied by the general tax
effort factor of the unit (determined under paragraph (3)),
multiplied by the income gap of the unit (determined under paragraph
(4)), bears to
"(B) the sum of the products determined under subparagraph (A)
for all units in the State for which the income gap for that portion
under paragraph (4) is greater than zero.
"(3) General tax effort factor.--(A) Except as provided in
subparagraph (C), the general tax effort factor of a unit of general
local government for a payment period is--
"(i) the adjusted taxes of the unit; divided by
"(ii) the total income attributed to the unit.
"(B) If the amount determined under subparagraphs (A) (i) and (ii)
for a unit of general local government is less than zero, the general tax
effort factor of the unit is deemed to be zero.
"(C)(i) Except as otherwise provided in this subparagraph, for the
payment period beginning October 1, 1994, the adjusted taxes of a unit of
general local government are the taxes imposed by the unit for public
purposes (except employee and employer assessments and contributions to
finance retirement and social insurance systems and other special
assessments for capital outlay), as determined by the Bureau of the
Census for the 1987 Census of Governments and adjusted as follows:
"(I) Adjusted taxes equals total taxes times a fraction in which
the numerator is the sum of unrestricted revenues and revenues
dedicated for spending on education minus total education spending
and the denominator is total unrestricted revenues.
"(II) Total taxes is the sum of property tax; general sales tax;
alcoholic beverage tax; amusement tax; insurance premium tax; motor
fuels tax; parimutuels tax; public utilities tax; tobacco tax; other
selective sales tax; alcoholic beverage licenses, amusement licenses;
corporation licenses, hunting and fishing licenses; motor vehicle
licenses; motor vehicle operator licenses; public utility licenses;
occupation and business licenses, not elsewhere classified; other
licenses, individual income tax; corporation net income tax; death
and gift tax; documentary and stock transfer tax; severance tax; and
taxes not elsewhere classified.
"(III) Unrestricted revenues is the sum of total taxes and
intergovernmental revenue from Federal Government, general revenue
sharing; intergovernmental revenue from Federal Government, other
general support; intergovernmental revenue from Federal Government,
other; intergovernmental revenue from State government, other general
support; intergovernmental revenue from State government, other;
intergovernmental revenue from local governments, other general
support; intergovernmental revenue from local governments, other;
miscellaneous general revenue, property sale-housing and community
development; miscellaneous general revenue, property sale-other
property; miscellaneous general revenue, interest earnings on
investments; miscellaneous general revenue, fines and forfeits;
miscellaneous general revenue, rents; miscellaneous general revenues,
royalties; miscellaneous general revenue, donations from private
sources; miscellaneous general revenue, net lottery revenue (after
prizes and administrative expenses); miscellaneous general revenue,
other miscellaneous general revenue; and all other general charges,
not elsewhere classified.
"(IV) Revenues dedicated for spending on education is the sum of
elementary and secondary education, school lunch; elementary and
secondary education, tuition; elementary and secondary education,
other; higher education, auxiliary enterprises; higher education,
other; other education, not elsewhere classified; intergovernmental
revenue from Federal Government, education; intergovernmental revenue
from State government, education; intergovernmental revenue from
local governments, interschool system revenue; intergovernmental
revenue from local governments, education; interest earnings, higher
education; interest earnings, elementary and secondary education;
miscellaneous revenues, higher education; and miscellaneous revenues,
elementary and secondary education.
"(V) Total education spending is the sum of elementary and
secondary education, current operations; elementary and secondary
education, construction; elementary and secondary education, other
capital outlays; elementary and secondary education, to State
governments; elementary and secondary education, to local
governments, not elsewhere classified; elementary and secondary
education, to counties; elementary and secondary education, to
municipalities; elementary and secondary education, to townships;
elementary and secondary education, to school districts; elementary
and secondary education, to special districts; higher education-
auxiliary enterprises, current operations; higher education-auxiliary
enterprises, construction; higher education, auxiliary enterprises,
other capital outlays; other higher education, current operations;
other higher education, construction; other higher education, other
capital outlays; other higher education, to State government; other
higher education, to local governments, not elsewhere classified;
other higher education, to counties; other higher education, to
municipalities; other higher education, to townships; other higher
education, to school districts; other higher education, to special
districts; education assistance and subsidies; education, not
elsewhere classified, current operations; education, not elsewhere
classified, construction education, not elsewhere classified, other
capital outlays; education, not elsewhere classified, to State
government; education, not elsewhere classified, to local
governments, not elsewhere classified; education, not elsewhere
classified, to counties; education, not elsewhere classified, to
municipalities; education, not elsewhere classified, to townships;
education, not elsewhere classified, to school districts; education,
not elsewhere classified, to special districts; and education, not
elsewhere classified, to Federal Government.
"(VI) If the amount of adjusted taxes is less than zero, the
amount of adjusted tax shall be deemed to be zero.
"(VII) If the amount of adjusted taxes exceeds the amount of
total taxes, the amount of adjusted taxes is deemed to equal the
amount of total taxes.
"(ii) The Secretary shall, for purposes of clause (i), include that
part of sales taxes transferred to a unit of general local government
that are imposed by a county government in the geographic area of which
is located the unit of general local government as taxes imposed by the
unit for public purposes if--
"(I) the county government transfers any part of the revenue from
the taxes to the unit of general local government without specifying
the purpose for which the unit of general local government may expend
the revenue; and
"(II) the chief executive officer of the State notifies the
Secretary that the taxes satisfy the requirements of this clause.
"(iii) The adjusted taxes of a unit of general local government shall
not exceed the maximum allowable adjusted taxes for that unit.
"(iv) The maximum allowable adjusted taxes for a unit of general
local government is the allowable adjusted taxes of the unit minus the
excess adjusted taxes of the unit.
"(v) The allowable adjusted taxes of a unit of general government is
the greater of--
"(I) the amount equal to 2.5, multiplied by the per capita
adjusted taxes of all units of general local government of the same
type in the State, multiplied by the population of the unit; or
"(II) the amount equal to the population of the unit, multiplied
by the sum of the adjusted taxes of all units of municipal local
government in the State, divided by the sum of the populations of all
the units of municipal local government in the State.
"(vi) The excess adjusted taxes of a unit of general local government
is the amount equal to--
"(I) the adjusted taxes of the unit, minus
"(II) 1.5 multiplied by the allowable adjusted taxes of the unit;
except that if this amount is less than zero then the excess adjusted
taxes of the unit is deemed to be zero.
"(vii) For purposes of this subparagraph--
"(I) the term 'per capita adjusted taxes of all units of general
local government of the same type' means the sum of the adjusted
taxes of all units of general local government of the same type
divided by the sum of the populations of all units of general local
government of the same type; and
"(II) the term 'units of general local government of the same
type' means all townships if the unit of general local government is
a township, all municipalities if the unit of general local
government is a municipality, all counties if the unit of general
local government is a county, or all unified city/county governments
if the unit of general local government is a unified city/county
government.
"(4) Income gap.--(A) Except as provided in subparagraph (B), the
income gap of a unit of general local government is--
"(i) the number which applies under section 6706, multiplied by
the per capita income of the State in which the unit is located;
minus
"(ii) the per capita income of the geographic area of the unit.
"(B) If the amount determined under subparagraph (A) for a unit of
general local government is less than zero, then the relative income
factor of the unit is deemed to be zero.
"(d) Small Government Allocations.--If the Secretary decides that
information available for a unit of general local government with a
population below a number (of not more than 500) prescribed by the Secretary
is inadequate, the Secretary may allocate to the unit, in lieu of any
allocation under subsection (b) for a payment period, an amount bearing the
same ratio to the total amount to be allocated under subsection (b) for the
period for all units of general local government in the State as the
population of the unit bears to the population of all units in the State.
"Sec. 6706. Income gap multiplier
"For purposes of determining the income gap of a unit of general local
government under section 6705(b)(4)(A), the number which applies is--
"(1) 1.6, with respect to 1/2 of any amount allocated under section
6704 to the State in which the unit is located; and
"(2) 1.2, with respect to the remainder of such amount.
"Sec. 6707. State variation of local government allocations
"(a) State Formula.--A State government may provide by law for the
allocation of amounts among units of general local government in the State on
the basis of population multiplied by the general tax effort factors or
income gaps of the units of general local government determined under
sections 6705 (a) and (b) or a combination of those factors. A State
government providing for a variation of an allocation formula provided under
sections 6705 (a) and (b) shall notify the Secretary of the variation by the
30th day before the beginning of the first payment period in which the
variation applies. A variation shall--
"(1) provide for allocating the total amount allocated under sections
6705 (a) and (b); and
"(2) apply uniformly in the State.
"(b) Certification.--A variation by a State government under this section
may apply only if the Secretary certifies that the variation complies with
this section. The Secretary may certify a variation only if the Secretary is
notified of the variation at least 30 days before the first payment period in
which the variation applies.
"Sec. 6708. Adjustments of local government allocations
"(a) Maximum Amount.--The amount allocated to a unit of general local
government for a payment period may not exceed the adjusted taxes imposed by
the unit of general local government as determined under section 6705(b)(3).
Amounts in excess of adjusted taxes shall be paid to the Governor of the
State in which the unit of local government is located.
"(b) De Minimis Allocations to Units of General Local Government.--If the
amount allocated to a unit of general local government (except an Indian
tribe or an Alaskan native village) for a payment period would be less than
$5,000 but for this subsection or is waived by the governing authority of the
unit of general local government, the Secretary shall pay the amount to the
Governor of the State in which the unit is located.
"(c) Use of Payments to States.--The Governor of a State shall use all
amounts paid to the Governor under subsections (a) and (b) for programs
described in section 6701(a)(2) in areas of the State where are located the
units of general local government with respect to which amounts are paid
under subsection (b).
"(d) De Minimis Allocations to Indian Tribes and Alaskan Native
Villages.--
"(1) Aggregation of de minimis allocations.--If the amount allocated
to an Indian tribe or an Alaskan native village for a payment period
would be less than $5,000 but for this subsection or is waived by the
chief elected official of the tribe or village, the amount--
"(A) shall not be paid to the tribe or village (except under
paragraph (2)); and
"(B) shall be aggregated with other such amounts and available
for use by the Attorney General under paragraph (2).
"(2) Use of aggregated amounts.--Amounts aggregated under paragraph
(1) for a payment period shall be available for use by the Attorney
General to make grants in the payment period on a competitive basis to
Indian Tribes and Alaskan native village for--
"(A) programs described in section 6701(a)(2); or
"(B) renovating or building prisons or other correctional
facilities.
"Sec. 6709. Information used in allocation formulas
"(a) Population Data for Payment Period Beginning October 1, 1994.--For
the payment period beginning October 1, 1994, the Secretary, in making
allocations pursuant to sections 6704 through 6706 and 6708, shall use for
the population of the States the population for 1992 as reported by the
Bureau of the Census in the publication Current Population Reports, Series P-
25, No. 1045 (July 1992) and for the population of units of general local
government the Secretary shall use the population for 1990 as reported by the
Bureau of the Census in the publication Summary Social, Economic, and Housing
Characteristics.
"(b) Data for Payment Periods Beginning After September 30, 1995.--For
any payment period beginning after September 30, 1995, the Secretary, in
making allocations pursuant to sections 6704 through 6706 and 6708, shall use
information more recent than the information used for the payment period
beginning October 1, 1994, provided the Secretary notifies the Committee on
Government Operations of the House of Representatives at least 90 days prior
to the beginning of the payment period that the Secretary has determined that
the more recent information is more reliable than the information used for
the payment period beginning October 1, 1994.
"Sec. 6710. Public participation
"(a) Hearings.--
"(1) In general.--A unit of general local government expending
payments under this chapter shall hold at least one public hearing on the
proposed use of the payment in relation to its entire budget. At the
hearing, persons shall be given an opportunity to provide written and
oral views to the governmental authority responsible for enacting the
budget and to ask questions about the entire budget and the relation of
the payment to the entire budget. The government shall hold the hearing
at a time and a place that allows and encourages public attendance and
participation.
"(2) Senior citizens.--A unit of general local government holding a
hearing required under this subsection or by the budget process of the
government shall try to provide senior citizens and senior citizen
organizations with an opportunity to present views at the hearing before
the government makes a final decision on the use of the payment.
"(b) Disclosure of Information.--
"(1) In general.--By the 10th day before a hearing required under
subsection (a)(1) is held, a unit of general local government shall--
"(A) make available for inspection by the public at the principal
office of the government a statement of the proposed use of the
payment and a summary of the proposed budget of the government; and
"(B) publish in at least one newspaper of general circulation the
proposed use of the payment with the summary of the proposed budget
and a notice of the time and place of the hearing.
"(2) Availability.--By the 30th day after adoption of the budget
under State or local law, the government shall--
"(A) make available for inspection by the public at the principal
office of the government a summary of the adopted budget, including
the proposed use of the payment; and
"(B) publish in at least one newspaper of general circulation a
notice that the information referred to in subparagraph (A) is
available for inspection.
"(c) Waivers of Requirements.--A requirement--
"(1) under subsection (a)(1) may be waived if the budget process
required under the applicable State or local law or charter provisions--
"(A) ensures the opportunity for public attendance and
participation contemplated by subsection (a); and
"(B) includes a hearing on the proposed use of a payment received
under this chapter in relation to the entire budget of the
government; and
"(2) under subsection (b)(1)(B) and paragraph (2)(B) may be waived if
the cost of publishing the information would be unreasonably burdensome
in relation to the amount allocated to the government from amounts
available for payment under this chapter, or if publication is otherwise
impracticable.
"(d) Exception to 10-Day Limitation.--If the Secretary is satisfied that
a unit of general local government will provide adequate notice of the
proposed use of a payment received under this chapter, the 10-day period
under subsection (b)(1) may be changed to the extent necessary to comply with
applicable State or local law.
"Sec. 6711. Prohibited discrimination
"(a) General Prohibition.--No person in the United States shall be
excluded from participating in, be denied the benefits of, or be subject to
discrimination under, a program or activity of a unit of general local
government because of race, color, national origin, or sex if the government
receives a payment under this chapter.
"(b) Additional Prohibitions.--The following prohibitions and exemptions
also apply to a program or activity of a unit of general local government if
the government receives a payment under this chapter:
"(1) A prohibition against discrimination because of age under the
Age Discrimination Act of 1975.
"(2) A prohibition against discrimination against an otherwise
qualified handicapped individual under section 504 of the Rehabilitation
Act of 1973.
"(3) A prohibition against discrimination because of religion, or an
exemption from that prohibition, under the Civil Rights Act of 1964 or
title VIII of the Act of April 11, 1968 (popularly known as the Civil
Rights Act of 1968).
"(c) Limitations on Applicability of Prohibitions.--Subsections (a) and
(b) do not apply if the government shows, by clear and convincing evidence,
that a payment received under this chapter is not used to pay for any part of
the program or activity with respect to which the allegation of
discrimination is made.
"(d) Investigation Agreements.--The Secretary shall try to make
agreements with heads of agencies of the United States Government and State
agencies to investigate noncompliance with this section. An agreement shall--
"(1) describe the cooperative efforts to be taken (including sharing
civil rights enforcement personnel and resources) to obtain compliance
with this section; and
"(2) provide for notifying immediately the Secretary of actions
brought by the United States Government or State agencies against a unit
of general local government alleging a violation of a civil rights law or
a regulation prescribed under a civil rights law.
"Sec. 6712. Discrimination proceedings
"(a) Notice of Noncompliance.--By the 10th day after the Secretary makes
a finding of discrimination or receives a holding of discrimination about a
unit of general local government, the Secretary shall submit a notice of
noncompliance to the government. The notice shall state the basis of the
finding or holding.
"(b) Informal Presentation of Evidence.--A unit of general local
government may present evidence informally to the Secretary within 30 days
after the government receives a notice of noncompliance from the Secretary.
Except as provided in subsection (e), the government may present evidence on
whether--
"(1) a person in the United States has been excluded or denied
benefits of, or discriminated against under, the program or activity of
the government, in violation of section 6711(a);
"(2) the program or activity of the government violated a prohibition
described in section 6711(b); and
"(3) any part of that program or activity has been paid for with a
payment received under this chapter.
"(c) Temporary Suspension of Payments.--By the end of the 30-day period
under subsection (b), the Secretary shall decide whether the unit of general
local government has not complied with section 6711 (a) or (b), unless the
government has entered into a compliance agreement under section 6714. If the
Secretary decides that the government has not complied, the Secretary shall
notify the government of the decision and shall suspend payments to the
government under this chapter unless, within 10 days after the government
receives notice of the decision, the government--
"(1) enters into a compliance agreement under section 6714; or
"(2) requests a proceeding under subsection (d)(1).
"(d) Administrative Review of Suspensions.--
"(1) Proceeding.--A proceeding requested under subsection (c)(2)
shall begin by the 30th day after the Secretary receives a request for
the proceeding. The proceeding shall be before an administrative law
judge appointed under section 3105 of title 5, United States Code. By the
30th day after the beginning of the proceeding, the judge shall issue a
preliminary decision based on the record at the time on whether the unit
of general local government is likely to prevail in showing compliance
with section 6711 (a) or (b).
"(2) Decision.--If the administrative law judge decides at the end of
a proceeding under paragraph (1) that the unit of general local
government has--
"(A) not complied with section 6711 (a) or (b), the judge may
order payments to the government under this chapter terminated; or
"(B) complied with section 6711 (a) or (b), a suspension under
section 6713(a)(1)(A) shall be discontinued promptly.
"(3) Likelihood of prevailing.--An administrative law judge may not
issue a preliminary decision that the government is not likely to prevail
if the judge has issued a decision described in paragraph (2)(A).
"(e) Basis for Review.--In a proceeding under subsections (b) through (d)
on a program or activity of a unit of general local government about which a
holding of discrimination has been made, the Secretary or administrative law
judge may consider only whether a payment under this chapter was used to pay
for any part of the program or activity. The holding of discrimination is
conclusive. If the holding is reversed by an appellate court, the Secretary
or judge shall end the proceeding.
"Sec. 6713. Suspension and termination of payments in discrimination
proceedings
"(a) Imposition and Continuation of Suspensions.--
"(1) In general.--The Secretary shall suspend payment under this
chapter to a unit of general local government--
"(A) if an administrative law judge appointed under section 3105
of title 5, United States Code, issues a preliminary decision in a
proceeding under section 6712(d)(1) that the government is not likely
to prevail in showing compliance with section 6711 (a) and (b);
"(B) if the administrative law judge decides at the end of the
proceeding that the government has not complied with section 6711 (a)
or (b), unless the government makes a compliance agreement under
section 6714 by the 30th day after the decision; or
"(C) if required under section 6712(c).
"(2) Effectiveness.--A suspension already ordered under paragraph
(1)(A) continues in effect if the administrative law judge makes a
decision under paragraph (1)(B).
"(b) Lifting of Suspensions and Terminations.--If a holding of
discrimination is reversed by an appellate court, a suspension or termination
of payments in a proceeding based on the holding shall be discontinued.
"(c) Resumption of Payments Upon Attaining Compliance.--The Secretary may
resume payment to a unit of general local government of payments suspended by
the Secretary only--
"(1) as of the time of, and under the conditions stated in--
"(A) the approval by the Secretary of a compliance agreement
under section 6714(a)(1); or
"(B) a compliance agreement entered into by the Secretary under
section 6714(a)(2);
"(2) if the government complies completely with an order of a United
States court, a State court, or administrative law judge that covers all
matters raised in a notice of noncompliance submitted by the Secretary
under section 6712(a);
"(3) if a United States court, a State court, or an administrative
law judge decides (including a judge in a proceeding under section
6712(d)(1)), that the government has complied with sections 6711 (a) and
(b); or
"(4) if a suspension is discontinued under subsection (b).
"(d) Payment of Damages as Compliance.--For purposes of subsection
(c)(2), compliance by a government may consist of the payment of restitution
to a person injured because the government did not comply with section 6711
(a) or (b).
"(e) Resumption of Payments Upon Reversal by Court.--The Secretary may
resume payment to a unit of general local government of payments terminated
under section 6712(d)(2)(A) only if the decision resulting in the termination
is reversed by an appellate court.
"Sec. 6714. Compliance agreements
"(a) Types of Compliance Agreements.--A compliance agreement is an
agreement--
"(1) approved by the Secretary, between the governmental authority
responsible for prosecuting a claim or complaint that is the basis of a
holding of discrimination and the chief executive officer of the unit of
general local government that has not complied with section 6711 (a) or
(b); or
"(2) between the Secretary and the chief executive officer.
"(b) Contents of Agreements.--A compliance agreement--
"(1) shall state the conditions the unit of general local government
has agreed to comply with that would satisfy the obligations of the
government under sections 6711 (a) and (b);
"(2) shall cover each matter that has been found not to comply, or
would not comply, with section 6711 (a) or (b); and
"(3) may be a series of agreements that dispose of those matters.
"(c) Availability of Agreements to Parties.--The Secretary shall submit a
copy of a compliance agreement to each person who filed a complaint referred
to in section 6716(b), or, if an agreement under subsection (a)(1), each
person who filed a complaint with a governmental authority, about a failure
to comply with section 6711 (a) or (b). The Secretary shall submit the copy
by the 15th day after an agreement is made. However, if the Secretary
approves an agreement under subsection (a)(1) after the agreement is made,
the Secretary may submit the copy by the 15th day after approval of the
agreement.
"Sec. 6715. Enforcement by the Attorney General of prohibitions on
discrimination
"The Attorney General may bring a civil action in an appropriate district
court of the United States against a unit of general local government that
the Attorney General has reason to believe has engaged or is engaging in a
pattern or practice in violation of section 6711 (a) or (b). The court may
grant--
"(1) a temporary restraining order;
"(2) an injunction; or
"(3) an appropriate order to ensure enjoyment of rights under section
6711 (a) or (b), including an order suspending, terminating, or requiring
repayment of, payments under this chapter or placing additional payments
under this chapter in escrow pending the outcome of the action.
"Sec. 6716. Civil action by a person adversely affected
"(a) Authority for Private Suits in Federal or State Court.--If a unit of
general local government, or an officer or employee of a unit of general
local government acting in an official capacity, engages in a practice
prohibited by this chapter, a person adversely affected by the practice may
bring a civil action in an appropriate district court of the United States or
a State court of general jurisdiction. Before bringing an action under this
section, the person must exhaust administrative remedies under subsection
(b).
"(b) Administrative Remedies Required To Be Exhausted.--A person
adversely affected shall file an administrative complaint with the Secretary
or the head of another agency of the United States Government or the State
agency with which the Secretary has an agreement under section 6711(d).
Administrative remedies are deemed to be exhausted by the person after the
90th day after the complaint was filed if the Secretary, the head of the
Government agency, or the State agency--
"(1) issues a decision that the government has not failed to comply
with this chapter; or
"(2) does not issue a decision on the complaint.
"(c) Authority of Court.--In an action under this section, the court--
"(1) may grant--
"(A) a temporary restraining order;
"(B) an injunction; or
"(C) another order, including suspension, termination, or
repayment of, payments under this chapter or placement of additional
payments under this chapter in escrow pending the outcome of the
action; and
"(2) to enforce compliance with section 6711 (a) or (b), may allow a
prevailing party (except the United States Government) a reasonable
attorney's fee.
"(d) Intervention by Attorney General.--In an action under this section
to enforce compliance with section 6711 (a) or (b), the Attorney General may
intervene in the action if the Attorney General certifies that the action is
of general public importance. The United States Government is entitled to the
same relief as if the Government had brought the action and is liable for the
same fees and costs as a private person.
"Sec. 6717. Judicial review
"(a) Appeals in Federal Court of Appeals.--A unit of general local
government which receives notice from the Secretary about withholding
payments under section 6703(f), suspending payments under section
6713(a)(1)(B), or terminating payments under section 6712(d)(2)(A), may apply
for review of the action of the Secretary by filing a petition for review
with the court of appeals of the United States for the circuit in which the
government is located. The petition shall be filed by the 60th day after the
date the notice is received. The clerk of the court shall immediately send a
copy of the petition to the Secretary.
"(b) Filing of Record of Administrative Proceeding.--The Secretary shall
file with the court a record of the proceeding on which the Secretary based
the action. The court may consider only objections to the action of the
Secretary that were presented before the Secretary.
"(c) Court Action.--The court may affirm, change, or set aside any part
of the action of the Secretary. The findings of fact by the Secretary are
conclusive if supported by substantial evidence in the record. If a finding
is not supported by substantial evidence in the record, the court may remand
the case to the Secretary to take additional evidence. Upon such a remand,
the Secretary may make new or modified findings and shall certify additional
proceedings to the court.
"(d) Review Only by Supreme Court.--A judgment of a court under this
section may be reviewed only by the Supreme Court under section 1254 of title
28, United States Code.
"Sec. 6718. Investigations and reviews
"(a) Investigations by Secretary.--
"(1) In general.--The Secretary shall within a reasonable time
limit--
"(A) carry out an investigation and make a finding after
receiving a complaint referred to in section 6716(b), a determination
by a State or local administrative agency, or other information about
a possible violation of this chapter;
"(B) carry out audits and reviews (including investigations of
allegations) about possible violations of this chapter; and
"(C) advise a complainant of the status of an audit,
investigation, or review of an allegation by the complainant of a
violation of section 6711 (a) or (b) or other provision of this
chapter.
"(2) Time limit.--The maximum time limit under paragraph (1)(A) is
120 days.
"(b) Reviews by Comptroller General.--The Comptroller General of the
United States shall carry out reviews of the activities of the Secretary,
State governments, and units of general local government necessary for the
Congress to evaluate compliance and operations under this chapter. These
reviews shall include a comparison of the waste and inefficiency of local
governments using funds under this chapter compared to waste and inefficiency
with other comparable Federal programs.
"Sec. 6719. Reports
"(a) Reports by Secretary to Congress.--Before June 2 of each year prior
to 2002, the Secretary personally shall report to the Congress on--
"(1) the status and operation of the Local Government Fiscal
Assistance Fund during the prior fiscal year; and
"(2) the administration of this chapter, including a complete and
detailed analysis of--
"(A) actions taken to comply with sections 6711 through 6715,
including a description of the kind and extent of noncompliance and
the status of pending complaints;
"(B) the extent to which units of general local government
receiving payments under this chapter have complied with the
requirements of this chapter;
"(C) the way in which payments under this chapter have been
distributed in the jurisdictions receiving payments; and
"(D) significant problems in carrying out this chapter and
recommendations for legislation to remedy the problems.
"(b) Reports by Units of General Local Government to Secretary.--
"(1) In general.--At the end of each fiscal year, each unit of
general local government which received a payment under this chapter for
the fiscal year shall submit a report to the Secretary. The report shall
be submitted in the form and at a time prescribed by the Secretary and
shall be available to the public for inspection. The report shall state--
"(A) the amounts and purposes for which the payment has been
appropriated, expended, or obligated in the fiscal year;
"(B) the relationship of the payment to the relevant functional
items in the budget of the government; and
"(C) the differences between the actual and proposed use of the
payment.
"(2) Availability of report.--The Secretary shall provide a copy of a
report submitted under paragraph (1) by a unit of general local
government to the chief executive officer of the State in which the
government is located. The Secretary shall provide the report in the
manner and form prescribed by the Secretary.
"Sec. 6720. Definitions, application, and administration
"(a) Definitions.--In this chapter--
"(1) 'unit of general local government' means--
"(A) a county, township, city, or political subdivision of a
county, township, or city, that is a unit of general local government
as determined by the Secretary of Commerce for general statistical
purposes; and
"(B) the District of Columbia and the recognized governing body
of an Indian tribe or Alaskan Native village that carries out
substantial governmental duties and powers;
"(2) 'payment period' means each 1-year period beginning on October 1
of the years 1994 through 2000;
"(3) 'State and local taxes' means taxes imposed by a State
government or unit of general local government or other political
subdivision of a State government for public purposes (except employee
and employer assessments and contributions to finance retirement and
social insurance systems and other special assessments for capital
outlay) as determined by the Secretary of Commerce for general
statistical purposes;
"(4) 'State' means any of the several States and the District of
Columbia;
"(5) 'income' means the total money income received from all sources
as determined by the Secretary of Commerce for general statistical
purposes, which for units of general local government is reported by the
Bureau of the Census for 1990 in the publication Summary Social,
Economic, and Housing Characteristics;
"(6) 'per capita income' means--
"(A) in the case of the United States, the income of the United
States divided by the population of the United States;
"(B) in the case of a State, the income of that State, divided by
the population of that State; and
"(C) in the case of a unit of general local government, the
income of that unit of general local government divided by the
population of the unit of general local government;
"(7) 'finding of discrimination' means a decision by the Secretary
about a complaint described in section 6716(b), a decision by a State or
local administrative agency, or other information (under regulations
prescribed by the Secretary) that it is more likely than not that a unit
of general local government has not complied with section 6711 (a) or
(b);
"(8) 'holding of discrimination' means a holding by a United States
court, a State court, or an administrative law judge appointed under
section 3105 of title 5, United States Code, that a unit of general local
government expending amounts received under this chapter has--
"(A) excluded a person in the United States from participating
in, denied the person the benefits of, or subjected the person to
discrimination under, a program or activity because of race, color,
national origin, or sex; or
"(B) violated a prohibition against discrimination described in
section 6711(b); and
"(9) 'Secretary' means the Secretary of Housing and Urban
Development.
"(b) Delegation of Administration.--The Secretary may enter into
agreements with other executive branch departments and agencies to delegate
to that department or agency all or part of the Secretary's responsibility
for administering this chapter.
"(c) Treatment of Subsumed Areas.--If the entire geographic area of a
unit of general local government is located in a larger entity, the unit of
general local government is deemed to be located in the larger entity. If
only part of the geographic area of a unit is located in a larger entity,
each part is deemed to be located in the larger entity and to be a separate
unit of general local government in determining allocations under this
chapter. Except as provided in regulations prescribed by the Secretary, the
Secretary shall make all data computations based on the ratio of the
estimated population of the part to the population of the entire unit of
general local government.
"(d) Boundary and Other Changes.--If a boundary line change, a State
statutory or constitutional change, annexation, a governmental
reorganization, or other circumstance results in the application of sections
6704 through 6708 in a way that does not carry out the purposes of sections
6701 through 6708, the Secretary shall apply sections 6701 through 6708 under
regulations of the Secretary in a way that is consistent with those
purposes.".
(b) Issuance of Regulations.--Within 90 days of the date of enactment of
this Act the Secretary shall issue regulations, which may be interim
regulations, to implement subsection (a), modifying the regulations for
carrying into effect the Revenue Sharing Act that were in effect as of July
1, 1987, and that were published in 31 C.F.R. part 51. The Secretary need not
hold a public hearing before issuing these regulations.
(c) Deficit Neutrality.--Any appropriation to carry out the amendment
made by this subtitle to title 31, United States Code, for fiscal year 1995
or 1996 shall be offset by cuts elsewhere in appropriations for that fiscal
year.
SEC. 31002. TECHNICAL AMENDMENT.
The table of chapters at the beginning of subtitle V of title 31, United
States Code, is amended by adding after the item relating to chapter 65 the
following:
"67. Federal payments................................................ 6701".
Subtitle K--National Community Economic Partnership
SEC. 31101. SHORT TITLE.
This subtitle may be cited as the "National Community Economic
Partnership Act of 1994".
CHAPTER 1--COMMUNITY ECONOMIC PARTNERSHIP INVESTMENT FUNDS
SEC. 31111. PURPOSE.
It is the purpose of this chapter to increase private investment in
distressed local communities and to build and expand the capacity of local
institutions to better serve the economic needs of local residents through
the provision of financial and technical assistance to community development
corporations.
SEC. 31112. PROVISION OF ASSISTANCE.
(a) Authority.--The Secretary of Health and Human Services (referred to
in this subtitle as the "Secretary") may, in accordance with this chapter,
provide nonrefundable lines of credit to community development corporations
for the establishment, maintenance or expansion of revolving loan funds to be
utilized to finance projects intended to provide business and employment
opportunities for low-income, unemployed, or underemployed individuals and to
improve the quality of life in urban and rural areas.
(b) Revolving Loan Funds.--
(1) Competitive assessment of applications.--In providing assistance
under subsection (a), the Secretary shall establish and implement a
competitive process for the solicitation and consideration of
applications from eligible entities for lines of credit for the
capitalization of revolving funds.
(2) Eligible entities.--To be eligible to receive a line of credit
under this chapter an applicant shall--
(A) be a community development corporation;
(B) prepare and submit an application to the Secretary that shall
include a strategic investment plan that identifies and describes the
economic characteristics of the target area to be served, the types
of business to be assisted and the impact of such assistance on low-
income, underemployed, and unemployed individuals in the target area;
(C) demonstrate previous experience in the development of low-
income housing or community or business development projects in a
low-income community and provide a record of achievement with respect
to such projects; and
(D) have secured one or more commitments from local sources for
contributions (either in cash or in kind, letters of credit or
letters of commitment) in an amount that is at least equal to the
amount requested in the application submitted under subparagraph (B).
(3) Exception.--Notwithstanding the provisions of paragraph (2)(D),
the Secretary may reduce local contributions to not less than 25 percent
of the amount of the line of credit requested by the community
development corporation if the Secretary determines such to be
appropriate in accordance with section 31116.
SEC. 31113. APPROVAL OF APPLICATIONS.
(a) In General.--In evaluating applications submitted under section
31112(b)(2)(B), the Secretary shall ensure that--
(1) the residents of the target area to be served (as identified
under the strategic development plan) would have an income that is less
than the median income for the area (as determined by the Secretary);
(2) the applicant community development corporation possesses the
technical and managerial capability necessary to administer a revolving
loan fund and has past experience in the development and management of
housing, community and economic development programs;
(3) the applicant community development corporation has provided
sufficient evidence of the existence of good working relationships with--
(A) local businesses and financial institutions, as well as with
the community the corporation proposes to serve; and
(B) local and regional job training programs;
(4) the applicant community development corporation will target job
opportunities that arise from revolving loan fund investments under this
chapter so that 75 percent of the jobs retained or created under such
investments are provided to--
(A) individuals with--
(i) incomes that do not exceed the Federal poverty line; or
(ii) incomes that do not exceed 80 percent of the median
income of the area;
(B) individuals who are unemployed or underemployed;
(C) individuals who are participating or have participated in job
training programs authorized under the Job Training Partnership Act
(29 U.S.C. 1501 et seq.) or the Family Support Act of 1988 (Public
Law 100-485);
(D) individuals whose jobs may be retained as a result of the
provision of financing available under this chapter; or
(E) individuals who have historically been underrepresented in
the local economy; and
(5) a representative cross section of applicants are approved,
including large and small community development corporations, urban and
rural community development corporations and community development
corporations representing diverse populations.
(b) Priority.--In determining which application to approve under this
chapter the Secretary shall give priority to those applicants proposing to
serve a target area--
(1) with a median income that does not exceed 80 percent of the
median for the area (as determined by the Secretary); and
(2) with a high rate of unemployment, as determined by the Secretary
or in which the population loss is at least 7 percent from April 1, 1980,
to April 1, 1990, as reported by the Bureau of the Census.
SEC. 31114. AVAILABILITY OF LINES OF CREDIT AND USE.
(a) Approval of Application.--The Secretary shall provide a community
development corporation that has an application approved under section 31113
with a line of credit in an amount determined appropriate by the Secretary,
subject to the limitations contained in subsection (b).
(b) Limitations on Availability of Amounts.--
(1) Maximum amount.--The Secretary shall not provide in excess of
$2,000,000 in lines of credit under this chapter to a single applicant.
(2) Period of availability.--A line of credit provided under this
chapter shall remain available over a period of time established by the
Secretary, but in no event shall any such period of time be in excess of
3 years from the date on which such line of credit is made available.
(3) Exception.--Notwithstanding paragraphs (1) and (2), if a
recipient of a line of credit under this chapter has made full and
productive use of such line of credit, can demonstrate the need and
demand for additional assistance, and can meet the requirements of
section 31112(b)(2), the amount of such line of credit may be increased
by not more than $1,500,000.
(c) Amounts Drawn From Line of Credit.--Amounts drawn from each line of
credit under this chapter shall be used solely for the purposes described in
section 31111 and shall only be drawn down as needed to provide loans,
investments, or to defray administrative costs related to the establishment
of a revolving loan fund.
(d) Use of Revolving Loan Funds.--Revolving loan funds established with
lines of credit provided under this chapter may be used to provide technical
assistance to private business enterprises and to provide financial
assistance in the form of loans, loan guarantees, interest reduction
assistance, equity shares, and other such forms of assistance to business
enterprises in target areas and who are in compliance with section
31113(a)(4).
SEC. 31115. LIMITATIONS ON USE OF FUNDS.
(a) Matching Requirement.--Not to exceed 50 percent of the total amount
to be invested by an entity under this chapter may be derived from funds made
available from a line of credit under this chapter.
(b) Technical Assistance and Administration.--Not to exceed 10 percent of
the amounts available from a line of credit under this chapter shall be used
for the provision of training or technical assistance and for the planning,
development, and management of economic development projects. Community
development corporations shall be encouraged by the Secretary to seek
technical assistance from other community development corporations, with
expertise in the planning, development and management of economic development
projects. The Secretary shall assist in the identification and facilitation
of such technical assistance.
(c) Local and Private Sector Contributions.--To receive funds available
under a line of credit provided under this chapter, an entity, using
procedures established by the Secretary, shall demonstrate to the community
development corporation that such entity agrees to provide local and private
sector contributions in accordance with section 31112(b)(2)(D), will
participate with such community development corporation in a loan, guarantee
or investment program for a designated business enterprise, and that the
total financial commitment to be provided by such entity is at least equal to
the amount to be drawn from the line of credit.
(d) Use of Proceeds From Investments.--Proceeds derived from investments
made using funds made available under this chapter may be used only for the
purposes described in section 31111 and shall be reinvested in the community
in which they were generated.
SEC. 31116. PROGRAM PRIORITY FOR SPECIAL EMPHASIS PROGRAMS.
(a) In General.--The Secretary shall give priority in providing lines of
credit under this chapter to community development corporations that propose
to undertake economic development activities in distressed communities that
target women, Native Americans, at risk youth, farmworkers, population-losing
communities, very low-income communities, single mothers, veterans, and
refugees; or that expand employee ownership of private enterprises and small
businesses, and to programs providing loans of not more than $35,000 to very
small business enterprises.
(b) Reservation of Funds.--Not less than 5 percent of the amounts made
available under section 31112(a)(2)(A) may be reserved to carry out the
activities described in subsection (a).
CHAPTER 2--EMERGING COMMUNITY DEVELOPMENT CORPORATIONS
SEC. 31121. COMMUNITY DEVELOPMENT CORPORATION IMPROVEMENT GRANTS.
(a) Purpose.--It is the purpose of this section to provide assistance to
community development corporations to upgrade the management and operating
capacity of such corporations and to enhance the resources available to
enable such corporations to increase their community economic development
activities.
(b) Skill Enhancement Grants.--
(1) In general.--The Secretary shall award grants to community
development corporations to enable such corporations to attain or enhance
the business management and development skills of the individuals that
manage such corporations to enable such corporations to seek the public
and private resources necessary to develop community economic development
projects.
(2) Use of funds.--A recipient of a grant under paragraph (1) may use
amounts received under such grant--
(A) to acquire training and technical assistance from agencies or
institutions that have extensive experience in the development and
management of low-income community economic development projects; or
(B) to acquire such assistance from other highly successful
community development corporations.
(c) Operating Grants.--
(1) In general.--The Secretary shall award grants to community
development corporations to enable such corporations to support an
administrative capacity for the planning, development, and management of
low-income community economic development projects.
(2) Use of funds.--A recipient of a grant under paragraph (1) may use
amounts received under such grant--
(A) to conduct evaluations of the feasibility of potential low-
income community economic development projects that address
identified needs in the low-income community and that conform to
those projects and activities permitted under subtitle A;
(B) to develop a business plan related to such a potential
project; or
(C) to mobilize resources to be contributed to a planned low-
income community economic development project or strategy.
(d) Applications.--A community development corporation that desires to
receive a grant under this section shall prepare and submit to the Secretary
an application at such time, in such manner, and containing such information
as the Secretary may require.
(e) Amount Available for a Community Development Corporation.--Amounts
provided under this section to a community development corporation shall not
exceed $75,000 per year. Such corporations may apply for grants under this
section for up to 3 consecutive years, except that such corporations shall be
required to submit a new application for each grant for which such
corporation desires to receive and compete on the basis of such applications
in the selection process.
SEC. 31122. EMERGING COMMUNITY DEVELOPMENT CORPORATION REVOLVING LOAN FUNDS.
(a) Authority.--The Secretary may award grants to emerging community
development corporations to enable such corporations to establish, maintain
or expand revolving loan funds, to make or guarantee loans, or to make
capital investments in new or expanding local businesses.
(b) Eligibility.--To be eligible to receive a grant under subsection (a),
an entity shall--
(1) be a community development corporation;
(2) have completed not less than one nor more than two community
economic development projects or related projects that improve or provide
job and employment opportunities to low-income individuals;
(3) prepare and submit to the Secretary an application at such time,
in such manner, and containing such information as the Secretary may
require, including a strategic investment plan that identifies and
describes the economic characteristics of the target area to be served,
the types of business to be assisted using amounts received under the
grant and the impact of such assistance on low-income individuals; and
(4) have secured one or more commitments from local sources for
contributions (either in cash or in kind, letters of credit, or letters
of commitment) in an amount that is equal to at least 10 percent of the
amounts requested in the application submitted under paragraph (2).
(c) Use of the Revolving Loan Fund.--
(1) In general.--A revolving loan fund established or maintained with
amounts received under this section may be utilized to provide financial
and technical assistance, loans, loan guarantees or investments to
private business enterprises to--
(A) finance projects intended to provide business and employment
opportunities for low-income individuals and to improve the quality
of life in urban and rural areas; and
(B) build and expand the capacity of emerging community
development corporations and serve the economic needs of local
residents.
(2) Technical assistance.--The Secretary shall encourage emerging
community development corporations that receive grants under this section
to seek technical assistance from established community development
corporations, with expertise in the planning, development and management
of economic development projects and shall facilitate the receipt of such
assistance.
(3) Limitation.--Not to exceed 10 percent of the amounts received
under this section by a grantee shall be used for training, technical
assistance and administrative purposes.
(d) Use of Proceeds From Investments.--Proceeds derived from investments
made with amounts provided under this section may be utilized only for the
purposes described in this subtitle and shall be reinvested in the community
in which they were generated.
(e) Amounts Available.--Amounts provided under this section to a
community development corporation shall not exceed $500,000 per year.
CHAPTER 3--MISCELLANEOUS PROVISIONS
SEC. 31131. DEFINITIONS.
As used in this subtitle:
(1) Community development corporation.--The term "community
development corporation" means a private, nonprofit corporation whose
board of directors is comprised of business, civic and community leaders,
and whose principal purpose includes the provision of low-income housing
or community economic development projects that primarily benefit low-
income individuals and communities.
(2) Local and private sector contribution.--The term "local and
private sector contribution" means the funds available at the local level
(by private financial institutions, State and local governments) or by
any private philanthropic organization and private, nonprofit
organizations that will be committed and used solely for the purpose of
financing private business enterprises in conjunction with amounts
provided under this subtitle.
(3) Population-losing community.--The term "population-losing
community" means any county in which the net population loss is at least
7 percent from April 1, 1980 to April 1, 1990, as reported by the Bureau
of the Census.
(4) Private business enterprise.--The term "private business
enterprise" means any business enterprise that is engaged in the
manufacture of a product, provision of a service, construction or
development of a facility, or that is involved in some other commercial,
manufacturing or industrial activity, and that agrees to target job
opportunities stemming from investments authorized under this subtitle to
certain individuals.
(5) Target area.--The term "target area" means any area defined in an
application for assistance under this subtitle that has a population
whose income does not exceed the median for the area within which the
target area is located.
(6) Very low-income community.--The term "very low-income community"
means a community in which the median income of the residents of such
community does not exceed 50 percent of the median income of the area.
SEC. 31132. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry out
chapters 1 and 2--
(1) $45,000,000 for fiscal year 1996;
(2) $72,000,000 for fiscal year 1997;
(3) $76,500,000 for fiscal year 1998; and
(4) $76,500,000 for fiscal year 1999.
(b) Earmarks.--Of the aggregate amount appropriated under subsection (a)
for each fiscal year--
(1) 60 percent shall be available to carry out chapter 1; and
(2) 40 percent shall be available to carry out chapter 2.
(c) Amounts.--Amounts appropriated under subsection (a) shall remain
available for expenditure without fiscal year limitation.
SEC. 31133. PROHIBITION.
None of the funds authorized under this subtitle shall be used to finance
the construction of housing.
Subtitle O--Urban Recreation and At-Risk Youth
SEC. 31501. PURPOSE OF ASSISTANCE.
Section 1003 of the Urban Park and Recreation Recovery Act of 1978 is
amended by adding the following at the end: "It is further the purpose of
this title to improve recreation facilities and expand recreation services in
urban areas with a high incidence of crime and to help deter crime through
the expansion of recreation opportunities for at-risk youth. It is the
further purpose of this section to increase the security of urban parks and
to promote collaboration between local agencies involved in parks and
recreation, law enforcement, youth social services, and juvenile justice
system.".
SEC. 31502. DEFINITIONS.
Section 1004 of the Urban Park and Recreation Recovery Act of 1978 is
amended by inserting the following new subsection after subsection (c) and by
redesignating subsections (d) through (j) as (e) through (k), respectively:
"(d) 'at-risk youth recreation grants' means--
"(1) rehabilitation grants,
"(2) innovation grants, or
"(3) matching grants for continuing program support for programs of
demonstrated value or success in providing constructive alternatives to
youth at risk for engaging in criminal behavior, including grants for
operating, or coordinating recreation programs and services;
in neighborhoods and communities with a high prevalence of crime,
particularly violent crime or crime committed by youthful offenders; in
addition to the purposes specified in subsection (b), rehabilitation grants
referred to in paragraph (1) of this subsection may be used for the provision
of lighting, emergency phones or other capital improvements which will
improve the security of urban parks;".
SEC. 31503. CRITERIA FOR SELECTION.
Section 1005 of the Urban Park and Recreation Recovery Act of 1978 is
amended by striking "and" at the end of paragraph (6), by striking the period
at the end of paragraph (7) and inserting "; and" and by adding the following
at the end:
"(8) in the case of at-risk youth recreation grants, the Secretary
shall give a priority to each of the following criteria:
"(A) Programs which are targeted to youth who are at the greatest
risk of becoming involved in violence and crime.
"(B) Programs which teach important values and life skills,
including teamwork, respect, leadership, and self-esteem.
"(C) Programs which offer tutoring, remedial education,
mentoring, and counseling in addition to recreation opportunities.
"(D) Programs which offer services during late night or other
nonschool hours.
"(E) Programs which demonstrate collaboration between local park
and recreation, juvenile justice, law enforcement, and youth social
service agencies and nongovernmental entities, including the private
sector and community and nonprofit organizations.
"(F) Programs which leverage public or private recreation
investments in the form of services, materials, or cash.
"(G) Programs which show the greatest potential of being
continued with non-Federal funds or which can serve as models for
other communities.".
SEC. 31504. PARK AND RECREATION ACTION RECOVERY PROGRAMS.
Section 1007(b) of the Urban Park and Recreation Recovery Act of 1978 is
amended by adding the following at the end: "In order to be eligible to
receive 'at-risk youth recreation grants' a local government shall amend its
5-year action program to incorporate the goal of reducing crime and juvenile
delinquency and to provide a description of the implementation strategies to
achieve this goal. The plan shall also address how the local government is
coordinating its recreation programs with crime prevention efforts of law
enforcement, juvenile corrections, and youth social service agencies.".
SEC. 31505. MISCELLANEOUS AND TECHNICAL AMENDMENTS.
(a) Program Support.--Section 1013 of the Urban Park and Recreation
Recovery Act of 1978 is amended by inserting "(a)In General.--" after "1013"
and by adding the following new subsection at the end:
"(b) Program Support.--Not more than 25 percent of the amounts made
available under this title to any local government may be used for program
support.".
(b) Extension.--Section 1003 of the Urban Park and Recreation Recovery
Act of 1978 is amended by striking "for a period of five years" and by
striking "short-term".
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this subtitle--
(1) $2,700,000 for fiscal year 1996;
(2) $450,000 for fiscal year 1997;
(3) $450,000 for fiscal year 1998;
(4) $450,000 for fiscal year 1999; and
(5) $450,000 for fiscal year 2000.
Subtitle Q--Community-Based Justice Grants for Prosecutors
SEC. 31701. GRANT AUTHORIZATION.
(a) In General.--The Attorney General may make grants to State, Indian
tribal, or local prosecutors for the purpose of supporting the creation or
expansion of community-based justice programs.
(b) Consultation.--The Attorney General may consult with the Ounce of
Prevention Council in making grants under subsection (a).
SEC. 31702. USE OF FUNDS.
Grants made by the Attorney General under this section shall be used--
(1) to fund programs that require the cooperation and coordination of
prosecutors, school officials, police, probation officers, youth and
social service professionals, and community members in the effort to
reduce the incidence of, and increase the successful identification and
speed of prosecution of, young violent offenders;
(2) to fund programs in which prosecutors focus on the offender, not
simply the specific offense, and impose individualized sanctions,
designed to deter that offender from further antisocial conduct, and
impose increasingly serious sanctions on a young offender who continues
to commit offenses;
(3) to fund programs that coordinate criminal justice resources with
educational, social service, and community resources to develop and
deliver violence prevention programs, including mediation and other
conflict resolution methods, treatment, counselling, educational, and
recreational programs that create alternatives to criminal activity; and
(4) in rural States (as defined in section 1501(b) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796bb(B)),
to fund cooperative efforts between State and local prosecutors, victim
advocacy and assistance groups, social and community service providers,
and law enforcement agencies to investigate and prosecute child abuse
cases, treat youthful victims of child abuse, and work in cooperation
with the community to develop education and prevention strategies
directed toward the issues with which such entities are concerned.
SEC. 31703. APPLICATIONS.
(a) Eligibility.--In order to be eligible to receive a grant under this
part for any fiscal year, a State, Indian tribal, or local prosecutor, in
conjunction with the chief executive officer of the jurisdiction in which the
program will be placed, shall submit an application to the Attorney General
in such form and containing such information as the Attorney General may
reasonably require.
(b) Requirements.--Each applicant shall include--
(1) a request for funds for the purposes described in section 31702;
(2) a description of the communities to be served by the grant,
including the nature of the youth crime, youth violence, and child abuse
problems within such communities;
(3) assurances that Federal funds received under this part shall be
used to supplement, not supplant, non-Federal funds that would otherwise
be available for activities funded under this section; and
(4) statistical information in such form and containing such
information that the Attorney General may require.
(c) Comprehensive Plan.--Each applicant shall include a comprehensive
plan that shall contain--
(1) a description of the youth violence or child abuse crime problem;
(2) an action plan outlining how the applicant will achieve the
purposes as described in section 31702;
(3) a description of the resources available in the community to
implement the plan together with a description of the gaps in the plan
that cannot be filled with existing resources; and
(4) a description of how the requested grant will be used to fill
gaps.
SEC. 31704. ALLOCATION OF FUNDS; LIMITATIONS ON GRANTS.
(a) Administrative Cost Limitation.--The Attorney General shall use not
more than 5 percent of the funds available under this program for the
purposes of administration and technical assistance.
(b) Renewal of Grants.--A grant under this part may be renewed for up to
2 additional years after the first fiscal year during which the recipient
receives its initial grant under this part, subject to the availability of
funds, if--
(1) the Attorney General determines that the funds made available to
the recipient during the previous years were used in a manner required
under the approved application; and
(2) the Attorney General determines that an additional grant is
necessary to implement the community prosecution program described in the
comprehensive plan required by section 31703.
SEC. 31705. AWARD OF GRANTS.
The Attorney General shall consider the following facts in awarding
grants:
(1) Demonstrated need and evidence of the ability to provide the
services described in the plan required under section 31703.
(2) The Attorney General shall attempt, to the extent practicable, to
achieve an equitable geographic distribution of grant awards.
SEC. 31706. REPORTS.
(a) Report to Attorney General.--State and local prosecutors that receive
funds under this subtitle shall submit to the Attorney General a report not
later than March 1 of each year that describes progress achieved in carrying
out the plan described under section 31703(c).
(b) Report to Congress.--The Attorney General shall submit to the
Congress a report by October 1 of each year in which grants are made
available under this subtitle which shall contain a detailed statement
regarding grant awards, activities of grant recipients, a compilation of
statistical information submitted by applicants, and an evaluation of
programs established under this subtitle.
SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this subtitle--
(1) $7,000,000 for fiscal year 1996;
(2) $10,000,000 for fiscal year 1997;
(3) $10,000,000 for fiscal year 1998;
(4) $11,000,000 for fiscal year 1999; and
(5) $12,000,000 for fiscal year 2000.
SEC. 31708. DEFINITIONS.
In this subtitle--
"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 is recognized as eligible
for the special programs and services provided by the United States to
Indians because of their status as Indians.
"State" means a State, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands, American
Samoa, Guam, and the United States Virgin Islands.
"Young violent offenders" means individuals, ages 7 through 22, who
have committed crimes of violence, weapons offenses, drug distribution,
hate crimes and civil rights violations, and offenses against personal
property of another.
Subtitle S--Family Unity Demonstration Project
SEC. 31901. SHORT TITLE.
This subtitle may be cited as the "Family Unity Demonstration Project
Act".
SEC. 31902. PURPOSE.
The purpose of this subtitle is to evaluate the effectiveness of certain
demonstration projects in helping to--
(1) alleviate the harm to children and primary caretaker parents
caused by separation due to the incarceration of the parents;
(2) reduce recidivism rates of prisoners by encouraging strong and
supportive family relationships; and
(3) explore the cost effectiveness of community correctional
facilities.
SEC. 31903. DEFINITIONS.
In this subtitle--
"child" means a person who is less than 7 years of age.
"community correctional facility" means a residential facility that--
(A) is used only for eligible offenders and their children under
7 years of age;
(B) is not within the confines of a jail or prison;
(C) houses no more than 50 prisoners in addition to their
children; and
(D) provides to inmates and their children--
(i) a safe, stable, environment for children;
(ii) pediatric and adult medical care consistent with medical
standards for correctional facilities;
(iii) programs to improve the stability of the parent-child
relationship, including educating parents regarding--
(I) child development; and
(II) household management;
(iv) alcoholism and drug addiction treatment for prisoners;
and
(v) programs and support services to help inmates--
(I) to improve and maintain mental and physical health,
including access to counseling;
(II) to obtain adequate housing upon release from State
incarceration;
(III) to obtain suitable education, employment, or
training for employment; and
(IV) to obtain suitable child care.
"eligible offender" means a primary caretaker parent who--
(A) has been sentenced to a term of imprisonment of not more than
7 years or is awaiting sentencing for a conviction punishable by such
a term of imprisonment; and
(B) has not engaged in conduct that--
(i) knowingly resulted in death or serious bodily injury;
(ii) is a felony for a crime of violence against a person; or
(iii) constitutes child neglect or mental, physical, or
sexual abuse of a child.
"primary caretaker parent" means--
(A) a parent who has consistently assumed responsibility for the
housing, health, and safety of a child prior to incarceration; or
(B) a woman who has given birth to a child after or while
awaiting her sentencing hearing and who expresses a willingness to
assume responsibility for the housing, health, and safety of that
child,
a parent who, in the best interest of a child, has arranged for the
temporary care of the child in the home of a relative or other
responsible adult shall not for that reason be excluded from the category
"primary caretaker".
"State" means a State, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and
the Northern Mariana Islands.
SEC. 31904. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--There are authorized to be appropriated to carry out
this subtitle--
(1) $3,600,000 for fiscal year 1996;
(2) $3,600,000 for fiscal year 1997;
(3) $3,600,000 for fiscal year 1998;
(4) $3,600,000 for fiscal year 1999; and
(5) $5,400,000 for fiscal year 2000.
(b) Availability of Appropriations.--Of the amount appropriated under
subsection (a) for any fiscal year--
(1) 90 percent shall be available to carry out chapter 1; and
(2) 10 percent shall be available to carry out chapter 2.
CHAPTER 1--GRANTS TO STATES
SEC. 31911. AUTHORITY TO MAKE GRANTS.
(a) General Authority.--The Attorney General may make grants, on a
competitive basis, to States to carry out in accordance with this subtitle
family unity demonstration projects that enable eligible offenders to live in
community correctional facilities with their children.
(b) Preferences.--For the purpose of making grants under subsection (a),
the Attorney General shall give preference to a State that includes in the
application required by section 31912 assurances that if the State receives a
grant--
(1) both the State corrections agency and the State health and human
services agency will participate substantially in, and cooperate closely
in all aspects of, the development and operation of the family unity
demonstration project for which such a grant is requested;
(2) boards made up of community members, including residents, local
businesses, corrections officials, former prisoners, child development
professionals, educators, and maternal and child health professionals
will be established to advise the State regarding the operation of such
project;
(3) the State has in effect a policy that provides for the placement
of all prisoners, whenever possible, in correctional facilities for which
they qualify that are located closest to their respective family homes;
(4) unless the Attorney General determines that a longer timeline is
appropriate in a particular case, the State will implement the project
not later than 180 days after receiving a grant under subsection (a) and
will expend all of the grant during a 1-year period;
(5) the State has the capacity to continue implementing a community
correctional facility beyond the funding period to ensure the continuity
of the work;
(6) unless the Attorney General determines that a different process
for selecting participants in a project is desirable, the State will--
(A) give written notice to a prisoner, not later than 30 days
after the State first receives a grant under subsection (a) or 30
days after the prisoner is sentenced to a term of imprisonment of not
more than 7 years (whichever is later), of the proposed or current
operation of the project;
(B) accept at any time at which the project is in operation an
application by a prisoner to participate in the project if, at the
time of application, the remainder of the prisoner's sentence exceeds
180 days;
(C) review applications by prisoners in the sequence in which the
State receives such applications; and
(D) not more than 50 days after reviewing such applications
approve or disapprove the application; and
(7) for the purposes of selecting eligible offenders to participate
in such project, the State has authorized State courts to sentence an
eligible offender directly to a community correctional facility, provided
that the court gives assurances that the offender would have otherwise
served a term of imprisonment.
(c) Selection of Grantees.--The Attorney General shall make grants under
subsection (a) on a competitive basis, based on such criteria as the Attorney
General shall issue by rule and taking into account the preferences described
in subsection (b).
SEC. 31912. ELIGIBILITY TO RECEIVE GRANTS.
To be eligible to receive a grant under section 31911, a State shall
submit to the Attorney General an application at such time, in such form, and
containing such information as the Attorney General reasonably may require by
rule.
SEC. 31913. REPORT.
(a) In General.--A State that receives a grant under this title shall,
not later than 90 days after the 1-year period in which the grant is required
to be expended, submit a report to the Attorney General regarding the family
unity demonstration project for which the grant was expended.
(b) Contents.--A report under subsection (a) shall--
(1) state the number of prisoners who submitted applications to
participate in the project and the number of prisoners who were placed in
community correctional facilities;
(2) state, with respect to prisoners placed in the project, the
number of prisoners who are returned to that jurisdiction and custody and
the reasons for such return;
(3) describe the nature and scope of educational and training
activities provided to prisoners participating in the project;
(4) state the number, and describe the scope of, contracts made with
public and nonprofit private community-based organizations to carry out
such project; and
(5) evaluate the effectiveness of the project in accomplishing the
purposes described in section 31902.
CHAPTER 2--FAMILY UNITY DEMONSTRATION PROJECT FOR FEDERAL PRISONERS
SEC. 31921. AUTHORITY OF THE ATTORNEY GENERAL.
(a) In General.--With the funds available to carry out this subtitle for
the benefit of Federal prisoners, the Attorney General, acting through the
Director of the Bureau of Prisons, shall select eligible prisoners to live in
community correctional facilities with their children.
(b) General Contracting Authority.--In implementing this title, the
Attorney General may enter into contracts with appropriate public or private
agencies to provide housing, sustenance, services, and supervision of inmates
eligible for placement in community correctional facilities under this title.
(c) Use of State Facilities.--At the discretion of the Attorney General,
Federal participants may be placed in State projects as defined in chapter 1.
For such participants, the Attorney General shall, with funds available under
section 31904(b)(2), reimburse the State for all project costs related to the
Federal participant's placement, including administrative costs.
SEC. 31922. REQUIREMENTS.
For the purpose of placing Federal participants in a family unity
demonstration project under section 31921, the Attorney General shall consult
with the Secretary of Health and Human Services regarding the development and
operation of the project.
Subtitle T--Substance Abuse Treatment in Federal Prisons
SEC. 32001. SUBSTANCE ABUSE TREATMENT IN FEDERAL PRISONS.
Section 3621 of title 18, United States Code, is amended--
(1) in the last sentence of subsection (b), by striking ", to the
extent practicable,"; and
(2) by adding at the end the following new subsection:
"(e) Substance Abuse Treatment.--
"(1) Phase-in.--In order to carry out the requirement of the last
sentence of subsection (b) of this section, that every prisoner with a
substance abuse problem have the opportunity to participate in
appropriate substance abuse treatment, the Bureau of Prisons shall,
subject to the availability of appropriations, provide residential
substance abuse treatment (and make arrangements for appropriate
aftercare)--
"(A) for not less than 50 percent of eligible prisoners by the
end of fiscal year 1995, with priority for such treatment accorded
based on an eligible prisoner's proximity to release date;
"(B) for not less than 75 percent of eligible prisoners by the
end of fiscal year 1996, with priority for such treatment accorded
based on an eligible prisoner's proximity to release date; and
"(C) for all eligible prisoners by the end of fiscal year 1997
and thereafter, with priority for such treatment accorded based on an
eligible prisoner's proximity to release date.
"(2) Incentive for prisoners' successful completion of treatment
program.--
"(A) Generally.--Any prisoner who, in the judgment of the
Director of the Bureau of Prisons, has successfully completed a
program of residential substance abuse treatment provided under
paragraph (1) of this subsection, shall remain in the custody of the
Bureau under such conditions as the Bureau deems appropriate. If the
conditions of confinement are different from those the prisoner would
have experienced absent the successful completion of the treatment,
the Bureau shall periodically test the prisoner for substance abuse
and discontinue such conditions on determining that substance abuse
has recurred.
"(B) Period of custody.--The period a prisoner convicted of a
nonviolent offense remains in custody after successfully completing a
treatment program may be reduced by the Bureau of Prisons, but such
reduction may not be more than one year from the term the prisoner
must otherwise serve.
"(3) Report.--The Bureau of Prisons shall transmit to the Committees
on the Judiciary of the Senate and the House of Representatives on
January 1, 1995, and on January 1 of each year thereafter, a report. Such
report shall contain--
"(A) a detailed quantitative and qualitative description of each
substance abuse treatment program, residential or not, operated by
the Bureau;
"(B) a full explanation of how eligibility for such programs is
determined, with complete information on what proportion of prisoners
with substance abuse problems are eligible; and
"(C) a complete statement of to what extent the Bureau has
achieved compliance with the requirements of this title.
"(4) Authorization of appropriations.--There are authorized to be
appropriated to carry out this subsection--
"(A) $13,500,000 for fiscal year 1996;
"(B) $18,900,000 for fiscal year 1997;
"(C) $25,200,000 for fiscal year 1998;
"(D) $27,000,000 for fiscal year 1999; and
"(E) $27,900,000 for fiscal year 2000.
"(5) Definitions.--As used in this subsection--
"(A) the term 'residential substance abuse treatment' means a
course of individual and group activities, lasting between 6 and 12
months, in residential treatment facilities set apart from the
general prison population--
"(i) directed at the substance abuse problems of the
prisoner; and
"(ii) intended to develop the prisoner's cognitive,
behavioral, social, vocational, and other skills so as to solve
the prisoner's substance abuse and related problems;
"(B) the term 'eligible prisoner' means a prisoner who is--
"(i) determined by the Bureau of Prisons to have a substance
abuse problem; and
"(ii) willing to participate in a residential substance abuse
treatment program; and
"(C) the term 'aftercare' means placement, case management and
monitoring of the participant in a community-based substance abuse
treatment program when the participant leaves the custody of the
Bureau of Prisons.
"(6) Coordination of federal assistance.--The Bureau of Prisons shall
consult with the Department of Health and Human Services concerning
substance abuse treatment and related services and the incorporation of
applicable components of existing comprehensive approaches including
relapse prevention and aftercare services.".
Subtitle U--Residential Substance Abuse Treatment for State Prisoners
SEC. 32101. RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS.
(a) Residential Substance Abuse Treatment for Prisoners.--Title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.),
as amended by section 20201(a), is amended--
(1) by redesignating part S as part T;
(2) by redesignating section 1901 as section 2001; and
(3) by inserting after part R the following new part:
"PART S--RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS
"SEC. 1901. GRANT AUTHORIZATION.
"(a) The Attorney General may make grants under this part to States, for
use by States and units of local government for the purpose of developing and
implementing residential substance abuse treatment programs within State
correctional facilities, as well as within local correctional and detention
facilities in which inmates are incarcerated for a period of time sufficient
to permit substance abuse treatment.
"(b) Consultation.--The Attorney General shall consult with the
Secretary of Health and Human Services to ensure that projects of substance
abuse treatment and related services for State prisoners incorporate
applicable components of existing comprehensive approaches including relapse
prevention and after care services.
"SEC. 1902. STATE APPLICATIONS.
"(a) In General.--(1) To request a grant under this part the chief
executive of a State shall submit an application to the Attorney General in
such form and containing such information as the Attorney General may
reasonably require.
"(2) Such application shall include assurances that Federal funds
received under this part shall be used to supplement, not supplant, non-
Federal funds that would otherwise be available for activities funded under
this part.
"(3) Such application shall coordinate the design and implementation of
treatment programs between State correctional representatives and the State
Alcohol and Drug Abuse agency (and, if appropriate, between representatives
of local correctional agencies and representatives of either the State
alcohol and drug abuse agency or any appropriate local alcohol and drug abuse
agency).
"(b) Substance Abuse Testing Requirement.--To be eligible to receive
funds under this part, a State must agree to implement or continue to require
urinalysis or other proven reliable forms of testing of individuals in
correctional residential substance abuse treatment programs. Such testing
shall include individuals released from residential substance abuse treatment
programs who remain in the custody of the State.
"(c) Eligibility for Preference With After Care Component.--
"(1) To be eligible for a preference under this part, a State must
ensure that individuals who participate in the substance abuse treatment
program established or implemented with assistance provided under this
part will be provided with aftercare services.
"(2) State aftercare services must involve the coordination of the
correctional facility treatment program with other human service and
rehabilitation programs, such as educational and job training programs,
parole supervision programs, half-way house programs, and participation
in self-help and peer group programs, that may aid in the rehabilitation
of individuals in the substance abuse treatment program.
"(3) To qualify as an aftercare program, the head of the substance
abuse treatment program, in conjunction with State and local authorities
and organizations involved in substance abuse treatment, shall assist in
placement of substance abuse treatment program participants with
appropriate community substance abuse treatment facilities when such
individuals leave the correctional facility at the end of a sentence or
on parole.
"(d) Coordination of Federal Assistance.--Each application submitted
for a grant under this section shall include a description of how the funds
made available under this section will be coordinated with Federal assistance
for substance abuse treatment and aftercare services currently provided by
the Department of Health and Human Services' Substance Abuse and Mental
Health Services Administration.
"(e) State Office.--The Office designated under section 507--
"(1) shall prepare the application as required under this section;
and
"(2) shall administer grant funds received under this part, including
review of spending, processing, progress, financial reporting, technical
assistance, grant adjustments, accounting, auditing, and fund
disbursement.
"SEC. 1903. REVIEW OF STATE APPLICATIONS.
"(a) In General.--The Attorney General shall make a grant under section
1901 to carry out the projects described in the application submitted under
section 1902 upon determining that--
"(1) the application is consistent with the requirements of this
part; and
"(2) before the approval of the application the Attorney General has
made an affirmative finding in writing that the proposed project has been
reviewed in accordance with this part.
"(b) Approval.--Each application submitted under section 1902 shall be
considered approved, in whole or in part, by the Attorney General not later
than 90 days after first received unless the Attorney General informs the
applicant of specific reasons for disapproval.
"(c) Restriction.--Grant funds received under this part shall not be used
for land acquisition or construction projects.
"(d) Disapproval Notice and Reconsideration.--The Attorney General shall
not disapprove any application without first affording the applicant
reasonable notice and an opportunity for reconsideration.
"SEC. 1904. ALLOCATION AND DISTRIBUTION OF FUNDS.
"(a) Allocation.--Of the total amount appropriated under this part in any
fiscal year--
"(1) 0.4 percent shall be allocated to each of the participating
States; and
"(2) of the total funds remaining after the allocation under
paragraph (1), there shall be allocated to each of the participating
States an amount which bears the same ratio to the amount of remaining
funds described in this paragraph as the State prison population of such
State bears to the total prison population of all the participating
States.
"(b) Federal Share.--The Federal share of a grant made under this part
may not exceed 75 percent of the total costs of the projects described in the
application submitted under section 1902 for the fiscal year for which the
projects receive assistance under this part.
"SEC. 1905. EVALUATION.
"Each State that receives a grant under this part shall submit to the
Attorney General an evaluation not later than March 1 of each year in such
form and containing such information as the Attorney General may reasonably
require.".
(b) Technical Amendment.--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 20201(b), is amended by inserting after the matter
relating to part R the following new part:
"Part S--Residential Substance Abuse Treatment for State Prisoners
"Sec. 1901. Grant authorization.
"Sec. 1902. State applications.
"Sec. 1903. Review of State applications.
"Sec. 1904. Allocation and distribution of funds.
"Sec. 1905. Evaluation.
"Part T--Transition-Effective Date-Repealer
"Sec. 2001. Confirmation of rules, authorities, and proceedings.".
(c) Definitions.--Section 901(a) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3791(a)), as amended by section 20201(c), is
amended--
(1) by striking "and" at the end of paragraph (23);
(2) by striking the period at the end of paragraph (24) and inserting
"; and"; and
(3) by adding at the end the following new paragraph:
"(25) the term 'residential substance abuse treatment program' means
a course of individual and group activities, lasting between 6 and 12
months, in residential treatment facilities set apart from the general
prison population--
"(A) directed at the substance abuse problems of the prisoner;
and
"(B) intended to develop the prisoner's cognitive, behavioral,
social, vocational, and other skills so as to solve the prisoner's
substance abuse and related problems.".
(d) Authorization of Appropriations.--Section 1001(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), as
amended by section 20201(d), is amended--
(1) in paragraph (3) by striking "and R" and inserting "R, or S"; and
(2) by adding at the end the following new paragraph:
"(17) There are authorized to be appropriated to carry out the projects
under part S--
"(A) $27,000,000 for fiscal year 1996;
"(B) $36,000,000 for fiscal year 1997;
"(C) $63,000,000 for fiscal year 1998;
"(D) $72,000,000 for fiscal year 1999; and
"(E) $72,000,000 for fiscal year 2000.".
Subtitle V--Prevention, Diagnosis, and Treatment of Tuberculosis in
Correctional Institutions
SEC. 32201. PREVENTION, DIAGNOSIS, AND TREATMENT OF TUBERCULOSIS IN
CORRECTIONAL INSTITUTIONS.
(a) Guidelines.--The Attorney General, in consultation with the Secretary
of Health and Human Services and the Director of the National Institute of
Corrections, shall develop and disseminate to appropriate entities, including
State, Indian tribal, and local correctional institutions and the Immigration
and Naturalization Service, guidelines for the prevention, diagnosis,
treatment, and followup care of tuberculosis among inmates of correctional
institutions and persons held in holding facilities operated by or under
contract with the Immigration and Naturalization Service.
(b) Compliance.--The Attorney General shall ensure that prisons in the
Federal prison system and holding facilities operated by or under contract
with the Immigration and Naturalization Service comply with the guidelines
described in subsection (a).
(c) Grants.--
(1) In general.--The Attorney General shall make grants to State,
Indian tribal, and local correction authorities and public health
authorities to assist in establishing and operating programs for the
prevention, diagnosis, treatment, and followup care of tuberculosis among
inmates of correctional institutions.
(2) Federal share.--The Federal share of funding of a program funded
with a grant under paragraph (1) shall not exceed 50 percent.
(3) Authorization of appropriations.--There are authorized to be
appropriated to carry out this section--
(A) $700,000 for fiscal year 1996;
(B) $1,000,000 for fiscal year 1997;
(C) $1,000,000 for fiscal year 1998;
(D) $1,100,000 for fiscal year 1999; and
(E) $1,200,000 for fiscal year 2000.
(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 is recognized as eligible
for the special programs and services provided by the United States to
Indians because of their status as Indians.
"State" means a State, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands, American
Samoa, Guam, and the United States Virgin Islands.
Subtitle X--Gang Resistance Education and Training
SEC. 32401. GANG RESISTANCE EDUCATION AND TRAINING PROJECTS.
(a) Establishment of Projects.--
(1) In general.--The Secretary of the Treasury shall establish not
less than 50 Gang Resistance Education and Training (GREAT) projects, to
be located in communities across the country, in addition to the number
of projects currently funded.
(2) Selection of communities.--Communities identified for such GREAT
projects shall be selected by the Secretary of the Treasury on the basis
of gang-related activity in that particular community.
(3) Amount of assistance per project; allocation.--The Secretary of
the Treasury shall make available not less than $800,000 per project,
subject to the availability of appropriations, and such funds shall be
allocated--
(A) 50 percent to the affected State and local law enforcement
and prevention organizations participating in such projects; and
(B) 50 percent to the Bureau of Alcohol, Tobacco and Firearms for
salaries, expenses, and associated administrative costs for operating
and overseeing such projects.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section--
(1) $9,000,000 for fiscal year 1995;
(2) $7,200,000 for fiscal year 1996;
(3) $7,200,000 for fiscal year 1997;
(4) $7,200,000 for fiscal year 1998;
(5) $7,200,000 for fiscal year 1999; and
(6) $7,200,000 for fiscal year 2000.
TITLE IV--VIOLENCE AGAINST WOMEN
SEC. 40001. SHORT TITLE.
This title may be cited as the "Violence Against Women Act of 1994".
Subtitle A--Safe Streets for Women
SEC. 40101. SHORT TITLE.
This subtitle may be cited as the "Safe Streets for Women Act of 1994".
CHAPTER 1--FEDERAL PENALTIES FOR SEX CRIMES
SEC. 40111. REPEAT OFFENDERS.
(a) In General.--Chapter 109A of title 18, United States Code, is amended
by adding at the end the following new section:
"Sec. 2247. Repeat offenders
"Any person who violates a provision of this chapter, after one or more
prior convictions for an offense punishable under this chapter, or after one
or more prior convictions under the laws of any State relating to aggravated
sexual abuse, sexual abuse, or abusive sexual contact have become final, is
punishable by a term of imprisonment up to twice that otherwise authorized.".
(b) Amendment of Sentencing Guidelines.--The Sentencing Commission shall
implement the amendment made by subsection (a) by promulgating amendments, if
appropriate, in the sentencing guidelines applicable to chapter 109A
offenses.
(c) Chapter Analysis.--The chapter analysis for chapter 109A of title 18,
United States Code, is amended by adding at the end the following new item:
"2247. Repeat offenders.".
SEC. 40112. FEDERAL PENALTIES.
(a) Amendment of Sentencing Guidelines.--Pursuant to its authority under
section 994(p) of title 28, United States Code, the United States Sentencing
Commission shall review and amend, where necessary, its sentencing guidelines
on aggravated sexual abuse under section 2241 of title 18, United States
Code, or sexual abuse under section 2242 of title 18, United States Code, as
follows:
(1) The Commission shall review and promulgate amendments to the
guidelines, if appropriate, to enhance penalties if more than 1 offender
is involved in the offense.
(2) The Commission shall review and promulgate amendments to the
guidelines, if appropriate, to reduce unwarranted disparities between the
sentences for sex offenders who are known to the victim and sentences for
sex offenders who are not known to the victim.
(3) The Commission shall review and promulgate amendments to the
guidelines to enhance penalties, if appropriate, to render Federal
penalties on Federal territory commensurate with penalties for similar
offenses in the States.
(4) The Commission shall review and promulgate amendments to the
guidelines, if appropriate, to account for the general problem of
recidivism in cases of sex offenses, the severity of the offense, and its
devastating effects on survivors.
(b) Report.--Not later than 180 days after the date of enactment of this
Act, the United States Sentencing Commission shall review and submit to
Congress a report containing an analysis of Federal rape sentencing,
accompanied by comment from independent experts in the field, describing--
(1) comparative Federal sentences for cases in which the rape victim
is known to the defendant and cases in which the rape victim is not known
to the defendant;
(2) comparative Federal sentences for cases on Federal territory and
sentences in surrounding States; and
(3) an analysis of the effect of rape sentences on populations
residing primarily on Federal territory relative to the impact of other
Federal offenses in which the existence of Federal jurisdiction depends
upon the offense's being committed on Federal territory.
SEC. 40113. MANDATORY RESTITUTION FOR SEX CRIMES.
(a) Sexual Abuse.--
(1) In general.--Chapter 109A of title 18, United States Code, is
amended by adding at the end the following new section:
"Sec. 2248. Mandatory 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 appropriate
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 also may be
enforced by a victim named in the order to receive the restitution 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' includes any costs incurred by the victim
for--
"(A) medical services relating to physical, psychiatric, or
psychological care;
"(B) physical and occupational therapy or rehabilitation;
"(C) necessary transportation, temporary housing, and child care
expenses;
"(D) lost income;
"(E) attorneys' fees, plus any costs incurred in obtaining a
civil protection order; and
"(F) any other losses suffered by the victim as a proximate
result of the offense.
"(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 in determining the
manner in which and the schedule according to which the restitution is to
be paid.
"(ii) For purposes of this subparagraph, the term 'economic
circumstances' includes--
"(I) the financial resources and other assets of the defendant;
"(II) projected earnings, earning capacity, and other income of
the defendant; and
"(III) 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 victim's
losses, and provides a nominal restitution award.
"(5) More than 1 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 1 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 direct 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 section 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 received 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 order issued under this section shall be a condition of any
probation or supervised release of a defendant. If an offender fails to
comply with a restitution order, the court may, after a hearing, revoke
probation or a term of supervised release, modify the terms or conditions
of probation or a term of supervised release, or hold the defendant in
contempt pursuant to section 3583(e). 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 consider 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 United States
Attorney's delegee) to submit further affidavits or other supporting
documents, demonstrating the victim's losses.
"(3) Additional documentation 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 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 appropriate 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 findings 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' means
the individual harmed as a result of a commission of a crime under this
chapter, including, in the case of a victim who is under 18 years of age,
incompetent, incapacitated, or deceased, the legal guardian of the victim 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 guardian.".
(2) Technical amendment.--The chapter analysis for chapter 109A of
title 18, United States Code, is amended by adding at the end the
following new item:
"2248. Mandatory restitution.".
(b) Sexual Exploitation and Other Abuse of Children.--
(1) In general.--Chapter 110 of title 18, United States Code, is
amended by adding at the end the following new section:
"Sec. 2259. Mandatory 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 appropriate
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 may also be
enforced by a victim named in the order to receive the restitution 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' includes any costs incurred by the victim
for--
"(A) medical services relating to physical, psychiatric, or
psychological care;
"(B) physical and occupational therapy or rehabilitation;
"(C) necessary transportation, temporary housing, and child care
expenses;
"(D) lost income;
"(E) attorneys' fees, as well as other costs incurred; and
"(F) any other losses suffered by the victim as a proximate
result of the offense.
"(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 in determining the
manner in which and the schedule according to which the restitution is to
be paid.
"(ii) For purposes of this subparagraph, the term 'economic
circumstances' includes--
"(I) the financial resources and other assets of the defendant;
"(II) projected earnings, earning capacity, and other income of
the defendant; and
"(III) 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 victim's
losses, and provides a nominal restitution award.
"(5) More than 1 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 1 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 direct 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 section 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 received 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 order issued under this section shall be a condition of any
probation or supervised release of a defendant. If an offender fails to
comply with a restitution order, the court may, after a hearing, revoke
probation or a term of supervised release, modify the terms or conditions
of probation or a term of supervised release, or hold the defendant in
contempt pursuant to section 3583(e). 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 consider 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 United States
Attorney's delegee) to submit further affidavits or other supporting
documents, demonstrating the victim's losses.
"(3) Additional documentation 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 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 appropriate 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 findings 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' means
the individual harmed as a result of a commission of a crime under this
chapter, including, in the case of a victim who is under 18 years of age,
incompetent, incapacitated, or deceased, the legal guardian of the victim 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 guardian.".
(2) Technical amendment.--The chapter analysis for chapter 110 of
title 18, United States Code, is amended by adding at the end the
following new item:
"2259. Mandatory restitution.".
SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM'S COUNSELORS.
There are authorized to be appropriated for the United States Attorneys
for the purpose of appointing Victim/Witness Counselors for the prosecution
of sex crimes and domestic violence crimes where applicable (such as the
District of Columbia)--
(1) $500,000 for fiscal year 1996;
(2) $500,000 for fiscal year 1997; and
(3) $500,000 for fiscal year 1998.
CHAPTER 2--LAW ENFORCEMENT AND PROSECUTION GRANTS TO REDUCE VIOLENT CRIMES
AGAINST WOMEN
SEC. 40121. GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN.
(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 32101(a), is
amended--
(1) by redesignating part T as part U;
(2) by redesignating section 2001 as section 2101; and
(3) by inserting after part S the following new part:
"Part T--Grants To Combat Violent Crimes Against Women
"SEC. 2001. PURPOSE OF THE PROGRAM AND GRANTS.
"(a) General Program Purpose.--The purpose of this part is to assist
States, Indian tribal governments, and units of local government to develop
and strengthen effective law enforcement and prosecution strategies to combat
violent crimes against women, and to develop and strengthen victim services
in cases involving violent crimes against women.
"(b) Purposes for Which Grants May Be Used.--Grants under this part shall
provide personnel, training, technical assistance, data collection and other
equipment for the more widespread apprehension, prosecution, and adjudication
of persons committing violent crimes against women, and specifically, for the
purposes of--
"(1) training law enforcement officers and prosecutors to more
effectively identify and respond to violent crimes against women,
including the crimes of sexual assault and domestic violence;
"(2) developing, training, or expanding units of law enforcement
officers and prosecutors specifically targeting violent crimes against
women, including the crimes of sexual assault and domestic violence;
"(3) developing and implementing more effective police and
prosecution policies, protocols, orders, and services specifically
devoted to preventing, identifying, and responding to violent crimes
against women, including the crimes of sexual assault and domestic
violence;
"(4) developing, installing, or expanding data collection and
communication systems, including computerized systems, linking police,
prosecutors, and courts or for the purpose of identifying and tracking
arrests, protection orders, violations of protection orders,
prosecutions, and convictions for violent crimes against women, including
the crimes of sexual assault and domestic violence;
"(5) developing, enlarging, or strengthening victim services
programs, including sexual assault and domestic violence programs,
developing or improving delivery of victim services to racial, cultural,
ethnic, and language minorities, providing specialized domestic violence
court advocates in courts where a significant number of protection orders
are granted, and increasing reporting and reducing attrition rates for
cases involving violent crimes against women, including crimes of sexual
assault and domestic violence;
"(6) developing, enlarging, or strengthening programs addressing
stalking; and
"(7) developing, enlarging, or strengthening programs addressing the
needs and circumstances of Indian tribes in dealing with violent crimes
against women, including the crimes of sexual assault and domestic
violence.
"SEC. 2002. STATE GRANTS.
"(a) General Grants.--The Attorney General may make grants to States, for
use by States, units of local government, nonprofit nongovernmental victim
services programs, and Indian tribal governments for the purposes described
in section 2001(b).
"(b) Amounts.--Of the amounts appropriated for the purposes of this
part--
"(1) 4 percent shall be available for grants to Indian tribal
governments;
"(2) $500,000 shall be available for grants to applicants in each
State; and
"(3) the remaining funds shall be available for grants to applicants
in each State in an amount that bears the same ratio to the amount of
remaining funds as the population of the State bears to the population of
all of the States that results from a distribution among the States on
the basis of each State's population in relation to the population of all
States (not including populations of Indian tribes).
"(c) Qualification.--Upon satisfying the terms of subsection (d), any
State shall be qualified for funds provided under this part upon
certification that--
"(1) the funds shall be used for any of the purposes described in
section 2001(b);
"(2) grantees and subgrantees shall develop a plan for implementation
and shall consult and coordinate with nonprofit, nongovernmental victim
services programs, including sexual assault and domestic violence victim
services programs;
"(3) at least 25 percent of the amount granted shall be allocated,
without duplication, to each of the following 3 areas: prosecution, law
enforcement, and victim services; and
"(4) any Federal funds received under this part shall be used to
supplement, not supplant, non-Federal funds that would otherwise be
available for activities funded under this subtitle.
"(d) Application Requirements.--The application requirements provided in
section 513 shall apply to grants made under this part. In addition, each
application shall include the certifications of qualification required by
subsection (c), including documentation from nonprofit, nongovernmental
victim services programs, describing their participation in developing the
plan required by subsection (c)(2). An application shall include--
"(1) documentation from the prosecution, law enforcement, and victim
services programs to be assisted, demonstrating--
"(A) need for the grant funds;
"(B) intended use of the grant funds;
"(C) expected results from the use of grant funds; and
"(D) demographic characteristics of the populations to be served,
including age, marital status, disability, race, ethnicity and
language background;
"(2) proof of compliance with the requirements for the payment of
forensic medical exams provided in section 2005; and
"(3) proof of compliance with the requirements for paying filing and
service fees for domestic violence cases provided in section 2006.
"(e) Disbursement.--
"(1) In general.--Not later than 60 days after the receipt of an
application under this part, the Attorney General shall--
"(A) disburse the appropriate sums provided for under this part;
or
"(B) inform the applicant why the application does not conform to
the terms of section 513 or to the requirements of this section.
"(2) Regulations.--In disbursing monies under this part, the Attorney
General shall issue regulations to ensure that States will--
"(A) give priority to areas of varying geographic size with the
greatest showing of need based on the availability of existing
domestic violence and sexual assault programs in the population and
geographic area to be served in relation to the availability of such
programs in other such populations and geographic areas;
"(B) determine the amount of subgrants based on the population
and geographic area to be served;
"(C) equitably distribute monies on a geographic basis including
nonurban and rural areas of various geographic sizes; and
"(D) recognize and address the needs of underserved populations.
"(f) Federal Share.--The Federal share of a grant made under this
subtitle may not exceed 75 percent of the total costs of the projects
described in the application submitted.
"(g) Indian Tribes.--Funds appropriated by the Congress for the
activities of any agency of an Indian tribal government or of the Bureau of
Indian Affairs performing law enforcement functions on any Indian lands may
be used to provide the non-Federal share of the cost of programs or projects
funded under this part.
"(h) Grantee Reporting.--
"(1) In general.--Upon completion of the grant period under this
part, a State or Indian tribal grantee shall file a performance report
with the Attorney General explaining the activities carried out, which
report shall include an assessment of the effectiveness of those
activities in achieving the purposes of this part.
"(2) Certification by grantee and subgrantees.--A section of the
performance report shall be completed by each grantee and subgrantee that
performed the direct services contemplated in the application, certifying
performance of direct services under the grant.
"(3) Suspension of funding.--The Attorney General shall suspend
funding for an approved application if--
"(A) an applicant fails to submit an annual performance report;
"(B) funds are expended for purposes other than those described
in this part; or
"(C) a report under paragraph (1) or accompanying assessments
demonstrate to the Attorney General that the program is ineffective
or financially unsound.
"SEC. 2003. DEFINITIONS.
"In this part--
"(1) the term 'domestic violence' includes felony or misdemeanor
crimes of violence committed by a current or former spouse of the victim,
by a person with whom the victim shares a child in common, by a person
who is cohabitating with or has cohabitated with the victim as a spouse,
by a person similarly situated to a spouse of the victim under the
domestic or family violence laws of the jurisdiction receiving grant
monies, or by any other adult person against a victim who is protected
from that person's acts under the domestic or family violence laws of the
jurisdiction receiving grant monies;
"(2) the term 'Indian country' has the meaning stated in section 1151
of title 18, United States Code;
"(3) the term 'Indian tribe' means a tribe, band, pueblo, nation, or
other organized group or community of Indians, including any Alaska
Native village or regional or village corporation (as defined in, or
established pursuant to, the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.)), that is recognized as eligible for the special
programs and services provided by the United States to Indians because of
their status as Indians;
"(4) the term 'law enforcement' means a public agency charged with
policing functions, including any of its component bureaus (such as
governmental victim services programs);
"(5) the term 'prosecution' means any public agency charged with
direct responsibility for prosecuting criminal offenders, including such
agency's component bureaus (such as governmental victim services
programs);
"(6) the term 'sexual assault' means any conduct proscribed by
chapter 109A of title 18, United States Code, whether or not the conduct
occurs in the special maritime and territorial jurisdiction of the United
States or in a Federal prison and includes both assaults committed by
offenders who are strangers to the victim and assaults committed by
offenders who are known or related by blood or marriage to the victim;
"(7) the term 'underserved populations' includes populations
underserved because of geographic location (such as rural isolation),
underserved racial or ethnic populations, and populations underserved
because of special needs, such as language barriers or physical
disabilities; and
"(8) the term 'victim services' means a nonprofit, nongovernmental
organization that assists domestic violence or sexual assault victims,
including rape crisis centers, battered women's shelters, and other
sexual assault or domestic violence programs, including nonprofit,
nongovernmental organizations assisting domestic violence or sexual
assault victims through the legal process.
"SEC. 2004. GENERAL TERMS AND CONDITIONS.
"(a) Nonmonetary Assistance.--In addition to the assistance provided
under this part, the Attorney General may request any Federal agency to use
its authorities and the resources granted to it under Federal law (including
personnel, equipment, supplies, facilities, and managerial, technical, and
advisory services) in support of State, tribal, and local assistance efforts.
"(b) Reporting.--Not later than 180 days after the end of each fiscal
year for which grants are made under this part, the Attorney General shall
submit to the Committee on the Judiciary of the House of Representatives and
the Committee on the Judiciary of the Senate a report that includes, for each
State and for each grantee Indian tribe--
"(1) the number of grants made and funds distributed under this part;
"(2) a summary of the purposes for which those grants were provided
and an evaluation of their progress;
"(3) a statistical summary of persons served, detailing the nature of
victimization, and providing data on age, sex, relationship of victim to
offender, geographic distribution, race, ethnicity, language, and
disability; and
"(4) an evaluation of the effectiveness of programs funded under this
part.
"(c) Regulations or Guidelines.--Not later than 120 days after the date
of enactment of this part, the Attorney General shall publish proposed
regulations or guidelines implementing this part. Not later than 180 days
after the date of enactment, the Attorney General shall publish final
regulations or guidelines implementing this part.
"SEC. 2005. RAPE EXAM PAYMENTS.
"(a) Restriction of Funds.--
"(1) In general.--A State, Indian tribal government, or unit of local
government, shall not be entitled to funds under this part unless the
State, Indian tribal government, unit of local government, or another
governmental entity incurs the full out-of-pocket cost of forensic
medical exams described in subsection (b) for victims of sexual assault.
"(2) Redistribution.--Funds withheld from a State or unit of local
government under paragraph (1) shall be distributed to other States or
units of local government pro rata. Funds withheld from an Indian tribal
government under paragraph (1) shall be distributed to other Indian
tribal governments pro rata.
"(b) Medical Costs.--A State, Indian tribal government, or unit of local
government shall be deemed to incur the full out-of-pocket cost of forensic
medical exams for victims of sexual assault if any government entity--
"(1) provides such exams to victims free of charge to the victim;
"(2) arranges for victims to obtain such exams free of charge to the
victims; or
"(3) reimburses victims for the cost of such exams if--
"(A) the reimbursement covers the full cost of such exams,
without any deductible requirement or limit on the amount of a
reimbursement;
"(B) the reimbursing governmental entity permits victims to apply
for reimbursement for not less than one year from the date of the
exam;
"(C) the reimbursing governmental entity provides reimbursement
not later than 90 days after written notification of the victim's
expense; and
"(D) the State, Indian tribal government, unit of local
government, or reimbursing governmental entity provides information
at the time of the exam to all victims, including victims with
limited or no English proficiency, regarding how to obtain
reimbursement.
"SEC. 2006. FILING COSTS FOR CRIMINAL CHARGES.
"(a) In General.--A State, Indian tribal government, or unit of local
government, shall not be entitled to funds under this part unless the State,
Indian tribal government, or unit of local government--
"(1) certifies that its laws, policies, and practices do not require,
in connection with the prosecution of any misdemeanor or felony domestic
violence offense, that the abused bear the costs associated with the
filing of criminal charges against the domestic violence offender, or the
costs associated with the issuance or service of a warrant, protection
order, or witness subpoena; or
"(2) gives the Attorney General assurances that its laws, policies
and practices will be in compliance with the requirements of paragraph
(1) within the later of--
"(A) the period ending on the date on which the next session of
the State legislature ends; or
"(B) 2 years.
"(b) Redistribution.--Funds withheld from a State, unit of local
government, or Indian tribal government under subsection (a) shall be
distributed to other States, units of local government, and Indian tribal
government, respectively, pro rata.".
(b) Technical Amendment.--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 32101(b), is amended by striking the matter relating to
part T and inserting the following:
"Part T--Grants To Combat Violent Crimes Against Women
"Sec. 2001. Purpose of the program and grants.
"Sec. 2002. State grants.
"Sec. 2003. General definitions.
"Sec. 2004. General terms and conditions.
"Sec. 2005. Rape exam payments.
"Sec. 2006. Filing costs for criminal charges.
"Part U--Transition--Effective Date--Repealer
"Sec. 2101. Continuation of rules, authorities, and proceedings.".
(c) Authorization of Appropriations.--Section 1001(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), as
amended by section 32101(d), is amended--
(1) in paragraph (3) by striking "and S" and inserting "S, and T";
and
(2) by adding at the end the following new paragraph:
"(18) There are authorized to be appropriated to carry out part T--
"(A) $26,000,000 for fiscal year 1995;
"(B) $130,000,000 for fiscal year 1996;
"(C) $145,000,000 for fiscal year 1997;
"(D) $160,000,000 for fiscal year 1998;
"(E) $165,000,000 for fiscal year 1999; and
"(F) $174,000,000 for fiscal year 2000.".
CHAPTER 3--SAFETY FOR WOMEN IN PUBLIC TRANSIT AND PUBLIC PARKS
SEC. 40131. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN PUBLIC
TRANSPORTATION.
(a) General Purpose.--There is authorized to be appropriated not to
exceed $10,000,000, for the Secretary of Transportation (referred to in this
section as the "Secretary") to make capital grants for the prevention of
crime and to increase security in existing and future public transportation
systems. None of the provisions of this Act may be construed to prohibit the
financing of projects under this section where law enforcement
responsibilities are vested in a local public body other than the grant
applicant.
(b) Grants for Lighting, Camera Surveillance, and Security Phones.--
(1) From the sums authorized for expenditure under this section for
crime prevention, the Secretary is authorized to make grants and loans to
States and local public bodies or agencies for the purpose of increasing
the safety of public transportation by--
(A) increasing lighting within or adjacent to public
transportation systems, including bus stops, subway stations, parking
lots, or garages;
(B) increasing camera surveillance of areas within and adjacent
to public transportation systems, including bus stops, subway
stations, parking lots, or garages;
(C) providing emergency phone lines to contact law enforcement or
security personnel in areas within or adjacent to public
transportation systems, including bus stops, subway stations, parking
lots, or garages; or
(D) any other project intended to increase the security and
safety of existing or planned public transportation systems.
(2) From the sums authorized under this section, at least 75 percent
shall be expended on projects of the type described in subsection (b)(1)
(A) and (B).
(c) Reporting.--All grants under this section are contingent upon the
filing of a report with the Secretary and the Department of Justice, Office
of Victims of Crime, showing crime rates in or adjacent to public
transportation before, and for a 1-year period after, the capital
improvement. Statistics shall be compiled on the basis of the type of crime,
sex, race, ethnicity, language, and relationship of victim to the offender.
(d) Increased Federal Share.--Notwithstanding any other provision of law,
the Federal share under this section for each capital improvement project
that enhances the safety and security of public transportation systems and
that is not required by law (including any other provision of this Act) shall
be 90 percent of the net project cost of the project.
(e) Special Grants for Projects To Study Increasing Security for Women.--
From the sums authorized under this section, the Secretary shall provide
grants and loans for the purpose of studying ways to reduce violent crimes
against women in public transit through better design or operation of public
transit systems.
(f) General Requirements.--All grants or loans provided under this
section shall be subject to the same terms, conditions, requirements, and
provisions applicable to grants and loans as specified in section 5321 of
title 49, United States Code.
SEC. 40132. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN NATIONAL
PARKS.
Public Law 91-383 (16 U.S.C. 1a-1 et seq.) is amended by adding at the
end the following new section:
"SEC. 13. NATIONAL PARK SYSTEM CRIME PREVENTION ASSISTANCE.
"(a) Availability of Funds.--There are authorized to be appropriated out
of the Violent Crime Reduction Trust Fund, not to exceed $10,000,000 for the
Secretary of the Interior to take all necessary actions to seek to reduce the
incidence of violent crime in the National Park System.
"(b) Recommendations for Improvement.--The Secretary shall direct the
chief official responsible for law enforcement within the National Park
Service to--
"(1) compile a list of areas within the National Park System with the
highest rates of violent crime;
"(2) make recommendations concerning capital improvements, and other
measures, needed within the National Park System to reduce the rates of
violent crime, including the rate of sexual assault; and
"(3) publish the information required by paragraphs (1) and (2) in
the Federal Register.
"(c) Distribution of Funds.--Based on the recommendations and list issued
pursuant to subsection (b), the Secretary shall distribute the funds
authorized by subsection (a) throughout the National Park System. Priority
shall be given to those areas with the highest rates of sexual assault.
"(d) Use of Funds.--Funds provided under this section may be used--
"(1) to increase lighting within or adjacent to National Park System
units;
"(2) to provide emergency phone lines to contact law enforcement or
security personnel in areas within or adjacent to National Park System
units;
"(3) to increase security or law enforcement personnel within or
adjacent to National Park System units; or
"(4) for any other project intended to increase the security and
safety of National Park System units.".
SEC. 40133. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN PUBLIC PARKS.
Section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l-8) is amended by adding at the end the following new subsection:
"(h) Capital Improvement and Other Projects to Reduce Crime.--
"(1) Availability of funds.--In addition to assistance for planning
projects, and in addition to the projects identified in subsection (e),
and from amounts appropriated out of the Violent Crime Reduction Trust
Fund, the Secretary may provide financial assistance to the States, not
to exceed $15,000,000, for projects or combinations thereof for the
purpose of making capital improvements and other measures to increase
safety in urban parks and recreation areas, including funds to--
"(A) increase lighting within or adjacent to public parks and
recreation areas;
"(B) provide emergency phone lines to contact law enforcement or
security personnel in areas within or adjacent to public parks and
recreation areas;
"(C) increase security personnel within or adjacent to public
parks and recreation areas; and
"(D) fund any other project intended to increase the security and
safety of public parks and recreation areas.
"(2) Eligibility.--In addition to the requirements for project
approval imposed by this section, eligibility for assistance under this
subsection shall be dependent upon a showing of need. In providing funds
under this subsection, the Secretary shall give priority to projects
proposed for urban parks and recreation areas with the highest rates of
crime and, in particular, to urban parks and recreation areas with the
highest rates of sexual assault.
"(3) Federal share.--Notwithstanding subsection (c), the Secretary
may provide 70 percent improvement grants for projects undertaken by any
State for the purposes described in this subsection, and the remaining
share of the cost shall be borne by the State.".
CHAPTER 4--NEW EVIDENTIARY RULES
SEC. 40141. SEXUAL HISTORY IN CRIMINAL AND CIVIL CASES.
(a) Modification of Proposed Amendment.--The proposed amendments to the
Federal Rules of Evidence that 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 amendment made
by subsection (b).
(b) Rule.--Rule 412 of the Federal Rules of Evidence is amended to read
as follows:
"Rule 412. Sex Offense Cases; Relevance of Alleged Victim's Past Sexual
Behavior or Alleged Sexual Predisposition
"(a) Evidence Generally Inadmissible.--The following evidence is not
admissible in any civil or criminal proceeding involving alleged sexual
misconduct except as provided in subdivisions (b) and (c):
"(1) Evidence offered to prove that any alleged victim engaged in
other sexual behavior.
"(2) Evidence offered to prove any alleged victim's sexual
predisposition.
"(b) Exceptions.--
"(1) In a criminal case, the following evidence is admissible, if
otherwise admissible under these rules:
"(A) evidence of specific instances of sexual behavior by the
alleged victim offered to prove that a person other than the accused
was the source of semen, injury or other physical evidence;
"(B) evidence of specific instances of sexual behavior by the
alleged victim with respect to the person accused of the sexual
misconduct offered by the accused to prove consent or by the
prosecution; and
"(C) evidence the exclusion of which would violate the
constitutional rights of the defendant.
"(2) In a civil case, evidence offered to prove the sexual behavior
or sexual predisposition of any alleged victim is admissible if it is
otherwise admissible under these rules and its probative value
substantially outweighs the danger of harm to any victim and of unfair
prejudice to any party. Evidence of an alleged victim's reputation is
admissible only if it has been placed in controversy by the alleged
victim.
"(c) Procedure To Determine Admissibility.--
"(1) A party intending to offer evidence under subdivision (b) must--
"(A) file a written motion at least 14 days before trial
specifically describing the evidence and stating the purpose for
which it is offered unless the court, for good cause requires a
different time for filing or permits filing during trial; and
"(B) serve the motion on all parties and notify the alleged
victim or, when appropriate, the alleged victim's guardian or
representative.
"(2) Before admitting evidence under this rule the court must conduct
a hearing in camera and afford the victim and parties a right to attend
and be heard. The motion, related papers, and the record of the hearing
must be sealed and remain under seal unless the court orders otherwise.".
(c) Technical Amendment.--The table of contents for the Federal Rules of
Evidence is amended by amending the item relating to rule 412 to read as
follows:
"412. Sex Offense Cases; Relevance of Alleged Victim's Past Sexual Behavior
or Alleged Sexual Predisposition:
"(a) Evidence generally inadmissible.
"(b) Exceptions.
"(c) Procedure to determine admissibility.".
CHAPTER 5--ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT
SEC. 40151. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ASSAULTS AGAINST
WOMEN.
Part A of title XIX of the Public Health and Human Services Act (42
U.S.C. 300w et seq.) is amended by adding at the end the following new
section:
"SEC. 1910A. USE OF ALLOTMENTS FOR RAPE PREVENTION EDUCATION.
"(a) Permitted Use.--Notwithstanding section 1904(a)(1), amounts
transferred by the State for use under this part may be used for rape
prevention and education programs conducted by rape crisis centers or similar
nongovernmental nonprofit entities for--
"(1) educational seminars;
"(2) the operation of hotlines;
"(3) training programs for professionals;
"(4) the preparation of informational materials; and
"(5) other efforts to increase awareness of the facts about, or to
help prevent, sexual assault, including efforts to increase awareness in
underserved racial, ethnic, and language minority communities.
"(b) Targeting of Education Programs.--States providing grant monies must
ensure that at least 25 percent of the monies are devoted to education
programs targeted for middle school, junior high school, and high school
students.
"(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
"(1) $35,000,000 for fiscal year 1996;
"(2) $35,000,000 for fiscal year 1997;
"(3) $45,000,000 for fiscal year 1998;
"(4) $45,000,000 for fiscal year 1999; and
"(5) $45,000,000 for fiscal year 2000.
"(d) Limitation.--Funds authorized under this section may only be used
for providing rape prevention and education programs.
"(e) Definition.--For purposes of this section, the term 'rape prevention
and education' includes education and prevention efforts directed at offenses
committed by offenders who are not known to the victim as well as offenders
who are known to the victim.
"(f) Terms.--The Secretary shall make allotments to each State on the
basis of the population of the State, and subject to the conditions provided
in this section and sections 1904 through 1909.".
SEC. 40152. TRAINING PROGRAMS.
(a) In General.--The Attorney General, after consultation with victim
advocates and individuals who have expertise in treating sex offenders, shall
establish criteria and develop training programs to assist probation and
parole officers and other personnel who work with released sex offenders in
the areas of--
(1) case management;
(2) supervision; and
(3) relapse prevention.
(b) Training Programs.--The Attorney General shall ensure, to the extent
practicable, that training programs developed under subsection (a) are
available in geographically diverse locations throughout the country.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $1,000,000 for fiscal year 1996; and
(2) $1,000,000 for fiscal year 1997.
SEC. 40153. CONFIDENTIALITY OF COMMUNICATIONS BETWEEN SEXUAL ASSAULT OR
DOMESTIC VIOLENCE VICTIMS AND THEIR COUNSELORS.
(a) Study and Development of Model Legislation.--The Attorney General
shall--
(1) study and evaluate the manner in which the States have taken
measures to protect the confidentiality of communications between sexual
assault or domestic violence victims and their therapists or trained
counselors;
(2) develop model legislation that will provide the maximum
protection possible for the confidentiality of such communications,
within any applicable constitutional limits, taking into account the
following factors:
(A) the danger that counseling programs for victims of sexual
assault and domestic violence will be unable to achieve their goal of
helping victims recover from the trauma associated with these crimes
if there is no assurance that the records of the counseling sessions
will be kept confidential;
(B) consideration of the appropriateness of an absolute privilege
for communications between victims of sexual assault or domestic
violence and their therapists or trained counselors, in light of the
likelihood that such an absolute privilege will provide the maximum
guarantee of confidentiality but also in light of the possibility
that such an absolute privilege may be held to violate the rights of
criminal defendants under the Federal or State constitutions by
denying them the opportunity to obtain exculpatory evidence and
present it at trial; and
(C) consideration of what limitations on the disclosure of
confidential communications between victims of these crimes and their
counselors, short of an absolute privilege, are most likely to ensure
that the counseling programs will not be undermined, and specifically
whether no such disclosure should be allowed unless, at a minimum,
there has been a particularized showing by a criminal defendant of a
compelling need for records of such communications, and adequate
procedural safeguards are in place to prevent unnecessary or damaging
disclosures; and
(3) prepare and disseminate to State authorities the findings made
and model legislation developed as a result of the study and evaluation.
(b) Report and Recommendations.--Not later than the date that is 1 year
after the date of enactment of this Act, the Attorney General shall report to
the Congress--
(1) the findings of the study and the model legislation required by
this section; and
(2) recommendations based on the findings on the need for and
appropriateness of further action by the Federal Government.
(c) Review of Federal Evidentiary Rules.--The Judicial Conference of the
United States shall evaluate and report to Congress its views on whether the
Federal Rules of Evidence should be amended, and if so, how they should be
amended, to guarantee that the confidentiality of communications between
sexual assault victims and their therapists or trained counselors will be
adequately protected in Federal court proceedings.
SEC. 40154. INFORMATION PROGRAMS.
The Attorney General shall compile information regarding sex offender
treatment programs and ensure that information regarding community treatment
programs in the community into which a convicted sex offender is released is
made available to each person serving a sentence of imprisonment in a Federal
penal or correctional institution for a commission of an offense under
chapter 109A of title 18, United States Code, or for the commission of a
similar offense, including halfway houses and psychiatric institutions.
SEC. 40155. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ABUSE OF
RUNAWAY, HOMELESS, AND STREET YOUTH.
Part A of the Runaway and Homeless Youth Act (42 U.S.C. 5711 et seq.) is
amended--
(1) by redesignating sections 316 and 317 as sections 317 and 318,
respectively; and
(2) by inserting after section 315 the following new section:
"GRANTS FOR PREVENTION OF SEXUAL ABUSE AND EXPLOITATION
"Sec. 316. (a) In General.--The Secretary shall make grants under this
section to private, nonprofit agencies for street-based outreach and
education, including treatment, counseling, provision of information, and
referral for runaway, homeless, and street youth who have been subjected to
or are at risk of being subjected to sexual abuse.
"(b) Priority.--In selecting among applicants for grants under subsection
(a), the Secretary shall give priority to agencies that have experience in
providing services to runaway, homeless, and street youth.
"(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
"(1) $7,000,000 for fiscal year 1996;
"(2) $8,000,000 for fiscal year 1997; and
"(3) $15,000,000 for fiscal year 1998.
"(d) Definitions.--For the purposes of this section--
"(1) the term 'street-based outreach and education' includes
education and prevention efforts directed at offenses committed by
offenders who are not known to the victim as well as offenders who are
known to the victim; and
"(2) the term 'street youth' means a juvenile who spends a
significant amount of time on the street or in other areas of exposure to
encounters that may lead to sexual abuse.".
SEC. 40156. VICTIMS OF CHILD ABUSE PROGRAMS.
(a) Court-Appointed Special Advocate Program.--
(1) Reauthorization.--Section 218(a) of the Victims of Child Abuse
Act of 1990 (42 U.S.C. 13014(a)) is amended to read as follows:
"(a) Authorization.--There are authorized to be appropriated to carry out
this subtitle--
"(1) $6,000,000 for fiscal year 1996;
"(2) $6,000,000 for fiscal year 1997;
"(3) $7,000,000 for fiscal year 1998;
"(4) $9,000,000 for fiscal year 1999; and
"(5) $10,000,000 for fiscal year 2000.".
(2) Technical amendment.--Section 216 of the Victims of Child Abuse
Act of 1990 (42 U.S.C. 13012) is amended by striking "this chapter" and
inserting "this subtitle".
(b) Child Abuse Training Programs for Judicial Personnel and
Practitioners.--
(1) Reauthorization.--Section 224(a) of the Victims of Child Abuse
Act of 1990 (42 U.S.C. 13024(a)) is amended to read as follows:
"(a) Authorization.--There are authorized to be appropriated to carry out
this subtitle--
"(1) $750,000 for fiscal year 1996;
"(2) $1,000,000 for fiscal year 1997;
"(3) $2,000,000 for fiscal year 1998;
"(4) $2,000,000 for fiscal year 1999; and
"(5) $2,300,000 for fiscal year 2000.".
(2) Technical amendment.--Section 221(b) of the Victims of Child
Abuse Act of 1990 (42 U.S.C. 13021(b)) is amended by striking "this
chapter" and inserting "this subtitle".
(c) Grants for Televised Testimony.--Title I of the Omnibus Crime Control
and Safe Streets Act of 1968 is amended--
(1) by amending section 1001(a)(7) (42 U.S.C. 3793(a)(7)) to read as
follows:
"(7) There are authorized to be appropriated to carry out part N--
"(A) $250,000 for fiscal year 1996;
"(B) $1,000,000 for fiscal year 1997;
"(C) $1,000,000 for fiscal year 1998;
"(D) $1,000,000 for fiscal year 1999; and
"(E) $1,000,000 for fiscal year 2000.";
(2) in section 1402 (42 U.S.C. 3796aa-1) by striking "to States, for
the use of States and units of local government in the States";
(3) in section 1403 (42 U.S.C. 3796aa-2)--
(A) by inserting "or unit of local government" after "of a
State";
(B) by inserting "and" after paragraph (1);
(C) in paragraph (2) by striking the semicolon at the end and
inserting a period; and
(D) by striking paragraphs (3) and (4);
(4) in section 1404 (42 U.S.C. 3796aa-3)--
(A) in subsection (a)--
(i) by striking "The Bureau" and all that follows through
"determining that" and inserting "An applicant is eligible to
receive a grant under this part if--";
(ii) in paragraph (1) by striking "there is in effect in such
State" and inserting "the applicant certifies and the Director
determines that there is in effect in the State";
(iii) in paragraph (2) by striking "such State law shall
meet" and inserting "the applicant certifies and the Director
determines that State law meets";
(iv) by inserting "and" after subparagraph (E);
(v) in paragraph (3)--
(I) by inserting "the Director determines that" before
"the application"; and
(II) by striking "; and" and inserting a period;
(vi) by striking paragraph (4);
(vii) by striking "Each application" and inserting the
following:
"(b) Each application"; and
(viii) by striking "the Bureau" each place it appears and
inserting "the Director"; and
(B) by redesignating subsection (b) as subsection (c) and by
striking "The Bureau" and inserting "The Director";
(5) by striking section 1405 (42 U.S.C. 3796aa-4);
(6) in section 1406 (42 U.S.C. 3796aa-5)--
(A) in subsection (a)--
(i) by striking "State which" and inserting "State or unit of
local government that";
(ii) by striking "title" and inserting "part"; and
(iii) in paragraph (1) by striking "State"; and
(B) in subsection (b)(1) by striking "such State" and inserting
"the State and units of local government in the State";
(7) in section 1407 (42 U.S.C. 3796aa-6)--
(A) in subsection (c)--
(i) by striking "Each State" and all that follows through
"effective audit" and inserting "Grant recipients (or private
organizations with which grant recipients have contracted to
provide equipment or training using grant funds) shall keep such
records as the Director may require by rule to facilitate such an
audit."; and
(ii) in paragraph (2) by striking "States which receive
grants, and of units of local government which receive any part
of a grant made under this part" and inserting "grant recipients
(or private organizations with which grant recipients have
contracted to provide equipment or training using grant funds)";
and
(B) by adding at the end the following new subsection:
"(d) Utilization of Private Sector.--Nothing in this part shall prohibit
the utilization of any grant funds to contract with a private organization to
provide equipment or training for the televising of testimony as contemplated
by the application submitted by an applicant.";
(8) by striking section 1408 (42 U.S.C. 3796aa-7); and
(9) in the table of contents--
(A) in the item relating to section 1405 by striking "Allocation
and distribution of funds under formula grants" and inserting
"(Repealed)"; and
(B) in the item relating to section 1408 by striking "State
office" and inserting "(Repealed)".
Subtitle B--Safe Homes for Women
SEC. 40201. SHORT TITLE.
This title may be cited as the "Safe Homes for Women Act of 1994".
CHAPTER 1--NATIONAL DOMESTIC VIOLENCE HOTLINE
SEC. 40211. GRANT FOR A NATIONAL DOMESTIC VIOLENCE HOTLINE.
The Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.)
is amended by adding at the end the following new section:
"SEC. 316. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.
"(a) In General.--The Secretary may award a grant to a private, nonprofit
entity to provide for the operation of a national, toll-free telephone
hotline to provide information and assistance to victims of domestic
violence.
"(b) Duration.--A grant under this section may extend over a period of
not more than 5 years.
"(c) Annual Approval.--The provision of payments under a grant under this
section shall be subject to annual approval by the Secretary and subject to
the availability of appropriations for each fiscal year to make the payments.
"(d) Activities.--Funds received by an entity under this section shall be
used to establish and operate a national, toll-free telephone hotline to
provide information and assistance to victims of domestic violence. In
establishing and operating the hotline, a private, nonprofit entity shall--
"(1) contract with a carrier for the use of a toll-free telephone
line;
"(2) employ, train, and supervise personnel to answer incoming calls
and provide counseling and referral services to callers on a 24-hour-a-
day basis;
"(3) assemble and maintain a current database of information relating
to services for victims of domestic violence to which callers may be
referred throughout the United States, including information on the
availability of shelters that serve battered women; and
"(4) publicize the hotline to potential users throughout the United
States.
"(e) Application.--A grant may not be made under this section unless an
application for such grant has been approved by the Secretary. To be approved
by the Secretary under this subsection an application shall--
"(1) contain such agreements, assurances, and information, be in such
form and be submitted in such manner as the Secretary shall prescribe
through notice in the Federal Register;
"(2) include a complete description of the applicant's plan for the
operation of a national domestic violence hotline, including descriptions
of--
"(A) the training program for hotline personnel;
"(B) the hiring criteria for hotline personnel;
"(C) the methods for the creation, maintenance and updating of a
resource database;
"(D) a plan for publicizing the availability of the hotline;
"(E) a plan for providing service to non-English speaking
callers, including hotline personnel who speak Spanish; and
"(F) a plan for facilitating access to the hotline by persons
with hearing impairments;
"(3) demonstrate that the applicant has nationally recognized
expertise in the area of domestic violence and a record of high quality
service to victims of domestic violence, including a demonstration of
support from advocacy groups, such as domestic violence State coalitions
or recognized national domestic violence groups;
"(4) demonstrates that the applicant has a commitment to diversity,
and to the provision of services to ethnic, racial, and non-English
speaking minorities, in addition to older individuals and individuals
with disabilities; and
"(5) contain such other information as the Secretary may require.
"(f) Authorization of Appropriations.--
"(1) In general.--There are authorized to be appropriated to carry
out this section--
"(A) $1,000,000 for fiscal year 1995;
"(B) $400,000 for fiscal year 1996;
"(C) $400,000 for fiscal year 1997;
"(D) $400,000 for fiscal year 1998;
"(E) $400,000 for fiscal year 1999; and
"(F) $400,000 for fiscal year 2000.
"(2) Availability.--Funds authorized to be appropriated under
paragraph (1) shall remain available until expended.".
CHAPTER 2--INTERSTATE ENFORCEMENT
SEC. 40221. INTERSTATE ENFORCEMENT.
(a) In General.--Part 1 of title 18, United States Code, is amended by
inserting after chapter 110 the following new chapter:
"CHAPTER 110A--DOMESTIC VIOLENCE
"Sec. 2261. Interstate domestic violence.
"Sec. 2262. Interstate violation of protection order.
"Sec. 2263. Pretrial release of defendant.
"Sec. 2264. Restitution.
"Sec. 2265. Full faith and credit given to protection orders.
"Sec. 2266. Definitions.
"Sec. 2261. Interstate domestic violence
"(a) Offenses.--
"(1) Crossing a state line.--A person who travels across a State line
or enters or leaves Indian country with the intent to injure, harass, or
intimidate that person's spouse or intimate partner, and who, in the
course of or as a result of such travel, intentionally commits a crime of
violence and thereby causes bodily injury to such spouse or intimate
partner, shall be punished as provided in subsection (b).
"(2) Causing the crossing of a state line.--A person who causes a
spouse or intimate partner to cross a State line or to enter or leave
Indian country by force, coercion, duress, or fraud and, in the course or
as a result of that conduct, intentionally commits a crime of violence
and thereby causes bodily injury to the person's spouse or intimate
partner, shall be punished as provided in subsection (b).
"(b) Penalties.--A person who violates this section shall be fined under
this title, imprisoned--
"(1) for life or any term of years, if death of the offender's spouse
or intimate partner results;
"(2) for not more than 20 years if permanent disfigurement or life
threatening bodily injury to the offender's spouse or intimate partner
results;
"(3) for not more than 10 years, if serious bodily injury to the
offender's spouse or intimate partner results or if the offender uses a
dangerous weapon during the offense;
"(4) as provided for the applicable conduct under chapter 109A if the
offense would constitute an offense under chapter 109A (without regard to
whether the offense was committed in the special maritime and territorial
jurisdiction of the United States or in a Federal prison); and
"(5) for not more than 5 years, in any other case,
or both fined and imprisoned.
"Sec. 2262. Interstate violation of protection order
"(a) Offenses.--
"(1) Crossing a state line.--A person who travels across a State line
or enters or leaves Indian country with the intent to engage in conduct
that--
"(A)(i) violates the portion of a protection order that involves
protection against credible threats of violence, repeated harassment,
or bodily injury to the person or persons for whom the protection
order was issued; or
"(ii) would violate subparagraph (A) if the conduct occurred in
the jurisdiction in which the order was issued; and
"(B) subsequently engages in such conduct,
shall be punished as provided in subsection (b).
"(2) Causing the crossing of a state line.--A person who causes a
spouse or intimate partner to cross a State line or to enter or leave
Indian country by force, coercion, duress, or fraud, and, in the course
or as a result of that conduct, intentionally commits an act that injures
the person's spouse or intimate partner in violation of a valid
protection order issued by a State shall be punished as provided in
subsection (b).
"(b) Penalties.--A person who violates this section shall be fined under
this title, imprisoned--
"(1) for life or any term of years, if death of the offender's spouse
or intimate partner results;
"(2) for not more than 20 years if permanent disfigurement or life
threatening bodily injury to the offender's spouse or intimate partner
results;
"(3) for not more than 10 years, if serious bodily injury to the
offender's spouse or intimate partner results or if the offender uses a
dangerous weapon during the offense;
"(4) as provided for the applicable conduct under chapter 109A if the
offense would constitute an offense under chapter 109A (without regard to
whether the offense was committed in the special maritime and territorial
jurisdiction of the United States or in a Federal prison); and
"(5) for not more than 5 years, in any other case,
or both fined and imprisoned.
"Sec. 2263. Pretrial release of defendant
"In any proceeding pursuant to section 3142 for the purpose of
determining whether a defendant charged under this chapter shall be released
pending trial, or for the purpose of determining conditions of such release,
the alleged victim shall be given an opportunity to be heard regarding the
danger posed by the defendant.
"Sec. 2264. 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 appropriate
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 also may be
enforced by a victim named in the order to receive the restitution 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' includes any costs incurred by the victim
for--
"(A) medical services relating to physical, psychiatric, or
psychological care;
"(B) physical and occupational therapy or rehabilitation;
"(C) necessary transportation, temporary housing, and child care
expenses;
"(D) lost income;
"(E) attorneys' fees, plus any costs incurred in obtaining a
civil protection order; and
"(F) any other losses suffered by the victim as a proximate
result of the offense.
"(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 in determining the
manner in which and the schedule according to which the restitution is to
be paid.
"(ii) For purposes of this subparagraph, the term 'economic
circumstances' includes--
"(I) the financial resources and other assets of the defendant;
"(II) projected earnings, earning capacity, and other income of
the defendant; and
"(III) 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 victim's
losses, and provides a nominal restitution award.
"(5) More than 1 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 1 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 direct 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 section 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 received 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 order issued under this section shall be a condition of any
probation or supervised release of a defendant. If an offender fails to
comply with a restitution order, the court may, after a hearing, revoke
probation or a term of supervised release, modify the terms or conditions
of probation or a term of supervised release, or hold the defendant in
contempt pursuant to section 3583(e). 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 consider 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) Affidavit.--Within 60 days after conviction and, in any event, not
later than 10 days before sentencing, the United States Attorney (or such
Attorney's delegate), 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 delegate) and the victim. Should the victim object to any of
the information included in the affidavit, the United States Attorney (or the
delegate) shall advise the victim that the victim may file a separate
affidavit and assist the victim in the preparation of the affidavit.
"(d) 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 subsection (a) 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 United States Attorney's
delegate) to submit further affidavits or other supporting documents,
demonstrating the victim's losses.
"(e) Additional Documentation 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.
"(f) Final Determination of Losses.--If the victim's losses are not
ascertainable 10 days before sentencing as provided in subsection (c), the
United States Attorney (or the United States Attorney's delegate) shall so
inform 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 90 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.
"(g) Restitution in Addition to Punishment.--An award of restitution to
the victim of an offense under this chapter is not a substitute for
imposition of punishment under this chapter.
"Sec. 2265. Full faith and credit given to protection orders
"(a) Full Faith and Credit.--Any protection order issued that is
consistent with subsection (b) of this section by the court of one State or
Indian tribe (the issuing State or Indian tribe) shall be accorded full faith
and credit by the court of another State or Indian tribe (the enforcing State
or Indian tribe) and enforced as if it were the order of the enforcing State
or tribe.
"(b) Protection Order.--A protection order issued by a State or tribal
court is consistent with this subsection if--
"(1) such court has jurisdiction over the parties and matter under
the law of such State or Indian tribe; and
"(2) reasonable notice and opportunity to be heard is given to the
person against whom the order is sought sufficient to protect that
person's right to due process. In the case of ex parte orders, notice and
opportunity to be heard must be provided within the time required by
State or tribal law, and in any event within a reasonable time after the
order is issued, sufficient to protect the respondent's due process
rights.
"(c) Cross or Counter Petition.--A protection order issued by a State or
tribal court against one who has petitioned, filed a complaint, or otherwise
filed a written pleading for protection against abuse by a spouse or intimate
partner is not entitled to full faith and credit if--
"(1) no cross or counter petition, complaint, or other written
pleading was filed seeking such a protection order; or
"(2) a cross or counter petition has been filed and the court did not
make specific findings that each party was entitled to such an order.
"Sec. 2266. Definitions
"In this chapter--
" 'bodily injury' means any act, except one done in self-defense,
that results in physical injury or sexual abuse.
" 'Indian country' has the meaning stated in section 1151.
" 'protection order' includes any injunction or other order issued
for the purpose of preventing violent or threatening acts or harassment
against, or contact or communication with or physical proximity to,
another person, including temporary and final orders issued by civil and
criminal courts (other than support or child custody orders) whether
obtained by filing an independent action or as a pendente lite order in
another proceeding so long as any civil order was issued in response to a
complaint, petition or motion filed by or on behalf of a person seeking
protection.
" 'spouse or intimate partner' includes--
"(A) a spouse, a former spouse, a person who shares a child in
common with the abuser, and a person who cohabits or has cohabited
with the abuser as a spouse; and
"(B) any other person similarly situated to a spouse who is
protected by the domestic or family violence laws of the State in
which the injury occurred or where the victim resides.
" 'State' includes a State of the United States, the District of
Columbia, a commonwealth, territory, or possession of the United States.
" 'travel across State lines' does not include travel across State
lines by an individual who is a member of an Indian tribe when such
individual remains at all times in the territory of the Indian tribe of
which the individual is a member.".
(b) Technical Amendment.--The part analysis for part I of title 18,
United States Code, is amended by inserting after the item for chapter 110
the following new item:
"110A. Domestic violence............................................. 2261.".
CHAPTER 3--ARREST POLICIES IN DOMESTIC VIOLENCE CASES
SEC. 40231. ENCOURAGING ARREST POLICIES.
(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 40121(a), is
amended--
(1) by redesignating part U as part V;
(2) by redesignating section 2101 as section 2201; and
(3) by inserting after part T the following new part:
"PART U--GRANTS TO ENCOURAGE ARREST POLICIES
"SEC. 2101. GRANTS.
"(a) Purpose.--The purpose of this part is to encourage States, Indian
tribal governments, and units of local government to treat domestic violence
as a serious violation of criminal law.
"(b) Grant Authority.--The Attorney General may make grants to eligible
States, Indian tribal governments, or units of local government for the
following purposes:
"(1) To implement mandatory arrest or proarrest programs and policies
in police departments, including mandatory arrest programs and policies
for protection order violations.
"(2) To develop policies and training in police departments to
improve tracking of cases involving domestic violence.
"(3) To centralize and coordinate police enforcement, prosecution, or
judicial responsibility for domestic violence cases in groups or units of
police officers, prosecutors, or judges.
"(4) To coordinate computer tracking systems to ensure communication
between police, prosecutors, and both criminal and family courts.
"(5) To strengthen legal advocacy service programs for victims of
domestic violence.
"(6) To educate judges in criminal and other courts about domestic
violence and to improve judicial handling of such cases.
"(c) Eligibility.--Eligible grantees are States, Indian tribal
governments, or units of local government that--
"(1) certify that their laws or official policies--
"(A) encourage or mandate arrests of domestic violence offenders
based on probable cause that an offense has been committed; and
"(B) encourage or mandate arrest of domestic violence offenders
who violate the terms of a valid and outstanding protection order;
"(2) demonstrate that their laws, policies, or practices and their
training programs discourage dual arrests of offender and victim;
"(3) certify that their laws, policies, or practices prohibit
issuance of mutual restraining orders of protection except in cases where
both spouses file a claim and the court makes detailed findings of fact
indicating that both spouses acted primarily as aggressors and that
neither spouse acted primarily in self-defense; and
"(4) certify that their laws, policies, or practices do not require,
in connection with the prosecution of any misdemeanor or felony domestic
violence offense, that the abused bear the costs associated with the
filing of criminal charges or the service of such charges on an abuser,
or that the abused bear the costs associated with the issuance or service
of a warrant, protection order, or witness subpoena.
"SEC. 2102. APPLICATIONS.
"(a) Application.--An eligible grantee shall submit an application to the
Attorney General that--
"(1) contains a certification by the chief executive officer of the
State, Indian tribal government, or local government entity that the
conditions of section 2101(c) are met or will be met within the later
of--
"(A) the period ending on the date on which the next session of
the State or Indian tribal legislature ends; or
"(B) 2 years of the date of enactment of this part;
"(2) describes plans to further the purposes stated in section
2101(a);
"(3) identifies the agency or office or groups of agencies or offices
responsible for carrying out the program; and
"(4) includes documentation from nonprofit, private sexual assault
and domestic violence programs demonstrating their participation in
developing the application, and identifying such programs in which such
groups will be consulted for development and implementation.
"(b) Priority.--In awarding grants under this part, the Attorney General
shall give priority to applicants that--
"(1) do not currently provide for centralized handling of cases
involving domestic violence by police, prosecutors, and courts; and
"(2) demonstrate a commitment to strong enforcement of laws, and
prosecution of cases, involving domestic violence.
"SEC. 2103. REPORTS.
"Each grantee receiving funds under this part shall submit a report to
the Attorney General evaluating the effectiveness of projects developed with
funds provided under this part and containing such additional information as
the Attorney General may prescribe.
"SEC. 2104. REGULATIONS OR GUIDELINES.
"Not later than 120 days after the date of enactment of this part, the
Attorney General shall publish proposed regulations or guidelines
implementing this part. Not later than 180 days after the date of enactment
of this part, the Attorney General shall publish final regulations or
guidelines implementing this part.
"SEC. 2105. DEFINITIONS.
"For purposes of this part--
"(1) the term 'domestic violence' includes felony or misdemeanor
crimes of violence committed by a current or former spouse of the victim,
by a person with whom the victim shares a child in common, by a person
who is cohabitating with or has cohabitated with the victim as a spouse,
by a person similarly situated to a spouse of the victim under the
domestic or family violence laws of the jurisdiction receiving grant
monies, or by any other adult person against a victim who is protected
from that person's acts under the domestic or family violence laws of the
eligible State, Indian tribal government, or unit of local government
that receives a grant under this part; and
"(2) the term 'protection order' includes any injunction issued for
the purpose of preventing violent or threatening acts of domestic
violence, including temporary and final orders issued by civil or
criminal courts (other than support or child custody orders or
provisions) whether obtained by filing an independent action or as a
pendente lite order in another proceeding.".
(b) Technical Amendment.--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 40121(b), is amended by striking the matter relating to
part U and inserting the following:
"Part U--Grants to Encourage Arrest Policies
"Sec. 2101. Grants.
"Sec. 2102. Applications.
"Sec. 2103. Reports.
"Sec. 2104. Regulations or guidelines.
"Sec. 2105. Definitions.
"Part V--Transition--Effective Date--Repealer
"Sec. 2201. Continuation of rules, authorities, and proceedings.".
(c) Authorization of Appropriations.--Section 1001(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), as
amended by section 40121(c), is amended--
(1) in paragraph (3) by striking "and T" and inserting "T, and U";
and
(2) by adding at the end the following new paragraph:
"(19) There are authorized to be appropriated to carry out part U--
"(A) $28,000,000 for fiscal year 1996;
"(B) $33,000,000 for fiscal year 1997; and
"(C) $59,000,000 for fiscal year 1998.
(d) Administrative Provisions.--
(1) Regulations.--Section 801(b) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3782(b)), is amended by
striking "and O" and inserting "O, and U".
(2) Denial of application.--Section 802(b) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3783(b)) is amended
in the first sentence by striking "or O" and inserting "O, or U".
CHAPTER 4--SHELTER GRANTS
SEC. 40241. GRANTS FOR BATTERED WOMEN'S SHELTERS.
Section 310(a) of the Family Violence Prevention and Services Act (42
U.S.C. 10409(a)) is amended to read as follows:
"(a) In General.--There are authorized to be appropriated to carry out
this title--
"(1) $50,000,000 for fiscal year 1996;
"(2) $60,000,000 for fiscal year 1997;
"(3) $70,000,000 for fiscal year 1998;
"(4) $72,500,000 for fiscal year 1999; and
"(5) $72,500,000 for fiscal year 2000.".
CHAPTER 5--YOUTH EDUCATION
SEC. 40251. YOUTH EDUCATION AND DOMESTIC VIOLENCE.
The Family Violence Prevention and Services Act (42 U.S.C. 10401 et
seq.), as amended by section 40211, is amended by adding at the end the
following new section:
"SEC. 317. YOUTH EDUCATION AND DOMESTIC VIOLENCE.
"(a) General Purpose.--For purposes of this section, the Secretary may,
in consultation with the Secretary of Education, select, implement and
evaluate 4 model programs for education of young people about domestic
violence and violence among intimate partners.
"(b) Nature of Program.--The Secretary shall select, implement and
evaluate separate model programs for 4 different audiences: primary schools,
middle schools, secondary schools, and institutions of higher education. The
model programs shall be selected, implemented, and evaluated in consultation
with educational experts, legal and psychological experts on battering, and
victim advocate organizations such as battered women's shelters, State
coalitions and resource centers.
"(c) Review and Dissemination.--Not later than 2 years after the date of
enactment of this section, the Secretary shall transmit the design and
evaluation of the model programs, along with a plan and cost estimate for
nationwide distribution, to the relevant committees of Congress for review.
"(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section
$400,000 for fiscal year 1996.
CHAPTER 6--COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE
SEC. 40261. ESTABLISHMENT OF COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE.
The Family Violence Prevention and Services Act (42 U.S.C. 10401 et
seq.), as amended by section 40251, is amended by adding at the end the
following new section:
"SEC. 318. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES.
"(a) In General.--The Secretary shall provide grants to nonprofit private
organizations to establish projects in local communities involving many
sectors of each community to coordinate intervention and prevention of
domestic violence.
"(b) Eligibility.--To be eligible for a grant under this section, an
entity--
"(1) shall be a nonprofit organization organized for the purpose of
coordinating community projects for the intervention in and prevention of
domestic violence; and
"(2) shall include representatives of pertinent sectors of the local
community, which may include--
"(A) health care providers;
"(B) the education community;
"(C) the religious community;
"(D) the justice system;
"(E) domestic violence program advocates;
"(F) human service entities such as State child services
divisions;
"(G) business and civic leaders; and
"(H) other pertinent sectors.
"(c) Applications.--An organization that desires to receive a grant under
this section shall submit to the Secretary an application, in such form and
in such manner as the Secretary shall prescribe through notice in the Federal
Register, that--
"(1) demonstrates that the applicant will serve a community
leadership function, bringing together opinion leaders from each sector
of the community to develop a coordinated community consensus opposing
domestic violence;
"(2) demonstrates a community action component to improve and expand
current intervention and prevention strategies through increased
communication and coordination among all affected sectors;
"(3) includes a complete description of the applicant's plan for the
establishment and operation of the community project, including a
description of--
"(A) the method for identification and selection of an
administrative committee made up of persons knowledgeable in domestic
violence to oversee the project, hire staff, assure compliance with
the project outline, and secure annual evaluation of the project;
"(B) the method for identification and selection of project staff
and a project evaluator;
"(C) the method for identification and selection of a project
council consisting of representatives of the community sectors listed
in subsection (b)(2);
"(D) the method for identification and selection of a steering
committee consisting of representatives of the various community
sectors who will chair subcommittees of the project council focusing
on each of the sectors; and
"(E) a plan for developing outreach and public education
campaigns regarding domestic violence; and
"(4) contains such other information, agreements, and assurances as
the Secretary may require.
"(d) Term.--A grant provided under this section may extend over a period
of not more than 3 fiscal years.
"(e) Conditions on Payment.--Payments under a grant under this section
shall be subject to--
"(1) annual approval by the Secretary; and
"(2) availability of appropriations.
"(f) Geographical Dispersion.--The Secretary shall award grants under
this section to organizations in communities geographically dispersed
throughout the country.
"(g) Use of Grant Monies.--
"(1) In general.--A grant made under subsection (a) shall be used to
establish and operate a community project to coordinate intervention and
prevention of domestic violence.
"(2) Requirements.--In establishing and operating a project, a
nonprofit private organization shall--
"(A) establish protocols to improve and expand domestic violence
intervention and prevention strategies among all affected sectors;
"(B) develop action plans to direct responses within each
community sector that are in conjunction with development in all
other sectors; and
"(C) provide for periodic evaluation of the project with a
written report and analysis to assist application of this concept in
other communities.
"(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
"(1) $4,000,000 for fiscal year 1996; and
"(2) $6,000,000 for fiscal year 1997.
"(i) Regulations.--Not later than 60 days after the date of enactment of
this section, the Secretary shall publish proposed regulations implementing
this section. Not later than 120 days after the date of enactment, the
Secretary shall publish final regulations implementing this section.".
CHAPTER 7--FAMILY VIOLENCE PREVENTION AND SERVICES ACT AMENDMENTS
SEC. 40271. GRANTEE REPORTING.
(a) Submission of Application.--Section 303(a)(2)(C) of the Family
Violence Prevention and Services Act (42 U.S.C. 10402(a)(2)(C)) is amended by
inserting "and a plan to address the needs of underserved populations,
including populations underserved because of ethnic, racial, cultural,
language diversity or geographic isolation" after "such State".
(b) Approval of Application.--Section 303(a) of the Family Violence
Prevention and Services Act (42 U.S.C. 10402(a)) is amended by adding at the
end the following new paragraph:
"(4) Upon completion of the activities funded by a grant under this
subpart, the State grantee shall file a performance report with the
Director explaining the activities carried out together with an
assessment of the effectiveness of those activities in achieving the
purposes of this subpart. A section of this performance report shall be
completed by each grantee or subgrantee that performed the direct
services contemplated in the application certifying performance of direct
services under the grant. The Director shall suspend funding for an
approved application if an applicant fails to submit an annual
performance report or if the funds are expended for purposes other than
those set forth under this subpart, after following the procedures set
forth in paragraph (3). Federal funds may be used only to supplement, not
supplant, State funds.".
SEC. 40272. TECHNICAL AMENDMENTS.
(a) Definitions.--Section 309(5)(B) of the Family Violence Prevention and
Services Act (42 U.S.C. 10408(5)(B)) is amended by inserting "or other
supportive services" before "by peers individually or in groups,".
(b) Special Issue Resource Centers.--
(1) Grants.--Section 308(a)(2) of the Family Violence Prevention and
Services Act (42 U.S.C. 10407(a)(2)) is amended by striking "six" and
inserting "seven".
(2) Functions.--Section 308(c) of the Family Violence Prevention and
Services Act (42 U.S.C. 10407(c)) is amended--
(A) by striking the period at the end of paragraph (6) and
inserting ", including the issuance and enforcement of protection
orders."; and
(B) by adding at the end the following new paragraph:
"(7) Providing technical assistance and training to State domestic
violence coalitions.".
(c) State Domestic Violence Coalitions.--Section 311(a) of the Family
Violence Prevention and Services Act (42 U.S.C. 10410(a)) is amended--
(1) by redesignating paragraphs (1), (2), (3), and (4) as paragraphs
(2), (3), (4), and (5);
(2) by inserting before paragraph (2), as redesignated by paragraph
(1), the following new paragraph:
"(1) working with local domestic violence programs and providers of
direct services to encourage appropriate responses to domestic violence
within the State, including--
"(A) training and technical assistance for local programs and
professionals working with victims of domestic violence;
"(B) planning and conducting State needs assessments and planning
for comprehensive services;
"(C) serving as an information clearinghouse and resource center
for the State; and
"(D) collaborating with other governmental systems which affect
battered women;";
(3) in paragraph (2)(K), as redesignated by paragraph (1), by
striking "and court officials and other professionals" and inserting ",
judges, court officers and other criminal justice professionals,";
(4) in paragraph (3), as redesignated by paragraph (1)--
(A) by inserting ", criminal court judges," after "family law
judges," each place it appears;
(B) in subparagraph (F), by inserting "custody" after
"temporary"; and
(C) in subparagraph (H), by striking "supervised visitations that
do not endanger victims and their children," and inserting
"supervised visitations or denial of visitation to protect against
danger to victims or their children"; and
(5) in paragraph (4), as redesignated by paragraph (1), by inserting
", including information aimed at underserved racial, ethnic or language-
minority populations" before the semicolon.
CHAPTER 8--CONFIDENTIALITY FOR ABUSED PERSONS
SEC. 40281. CONFIDENTIALITY OF ABUSED PERSON'S ADDRESS.
(a) Regulations.--Not later than 90 days after the date of enactment of
this Act, the United States Postal Service shall promulgate regulations to
secure the confidentiality of domestic violence shelters and abused persons'
addresses.
(b) Requirements.--The regulations under subsection (a) shall require--
(1) in the case of an individual, the presentation to an appropriate
postal official of a valid, outstanding protection order; and
(2) in the case of a domestic violence shelter, the presentation to
an appropriate postal authority of proof from a State domestic violence
coalition that meets the requirements of section 311 of the Family
Violence Prevention and Services Act (42 U.S.C. 10410)) verifying that
the organization is a domestic violence shelter.
(c) Disclosure for Certain Purposes.--The regulations under subsection
(a) shall not prohibit the disclosure of addresses to State or Federal
agencies for legitimate law enforcement or other governmental purposes.
(d) Existing Compilations.--Compilations of addresses existing at the
time at which order is presented to an appropriate postal official shall be
excluded from the scope of the regulations under subsection (a).
CHAPTER 9--DATA AND RESEARCH
SEC. 40291. RESEARCH AGENDA.
(a) Request for Contract.--The Attorney General shall request the
National Academy of Sciences, through its National Research Council, to enter
into a contract to develop a research agenda to increase the understanding
and control of violence against women, including rape and domestic violence.
In furtherance of the contract, the National Academy shall convene a panel of
nationally recognized experts on violence against women, in the fields of
law, medicine, criminal justice, and direct services to victims and experts
on domestic violence in diverse, ethnic, social, and language minority
communities and the social sciences. In setting the agenda, the Academy shall
focus primarily on preventive, educative, social, and legal strategies,
including addressing the needs of underserved populations.
(b) Declination of Request.--If the National Academy of Sciences declines
to conduct the study and develop a research agenda, it shall recommend a
nonprofit private entity that is qualified to conduct such a study. In that
case, the Attorney General shall carry out subsection (a) through the
nonprofit private entity recommended by the Academy. In either case, whether
the study is conducted by the National Academy of Sciences or by the
nonprofit group it recommends, the funds for the contract shall be made
available from sums appropriated for the conduct of research by the National
Institute of Justice.
(c) Report.--The Attorney General shall ensure that no later than 1 year
after the date of enactment of this Act, the study required under subsection
(a) is completed and a report describing the findings made is submitted to
the Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives.
SEC. 40292. STATE DATABASES.
(a) In General.--The Attorney General shall study and report to the
States and to Congress on how the States may collect centralized databases on
the incidence of sexual and domestic violence offenses within a State.
(b) Consultation.--In conducting its study, the Attorney General shall
consult persons expert in the collection of criminal justice data, State
statistical administrators, law enforcement personnel, and nonprofit
nongovernmental agencies that provide direct services to victims of domestic
violence. The final report shall set forth the views of the persons consulted
on the recommendations.
(c) Report.--The Attorney General shall ensure that no later than 1 year
after the date of enactment of this Act, the study required under subsection
(a) is completed and a report describing the findings made is submitted to
the Committees on the Judiciary of the Senate and the House of
Representatives.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
$200,000 for fiscal year 1996.
SEC. 40293. NUMBER AND COST OF INJURIES.
(a) Study.--The Secretary of Health and Human Services, acting through
the Centers for Disease Control Injury Control Division, shall conduct a
study to obtain a national projection of the incidence of injuries resulting
from domestic violence, the cost of injuries to health care facilities, and
recommend health care strategies for reducing the incidence and cost of such
injuries.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
$100,000 for fiscal year 1996.
CHAPTER 10--RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT
SEC. 40295. RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT ASSISTANCE.
(a) Grants.--The Attorney General may make grants to States, Indian
tribal governments, and local governments of rural States, and to other
public or private entities of rural States--
(1) to implement, expand, and establish cooperative efforts and
projects between law enforcement officers, prosecutors, victim advocacy
groups, and other related parties to investigate and prosecute incidents
of domestic violence and child abuse;
(2) to provide treatment and counseling to victims of domestic
violence and child abuse; and
(3) to work in cooperation with the community to develop education
and prevention strategies directed toward such issues.
(b) 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 is recognized as eligible
for the special programs and services provided by the United States to
Indians because of their status as Indians.
"rural State" has the meaning stated in section 1501(b) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796bb(B)).
(c) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to carry out
this section--
(A) $7,000,000 for fiscal year 1996;
(B) $8,000,000 for fiscal year 1997; and
(C) $15,000,000 for fiscal year 1998.
(2) Additional funding.--In addition to funds received under a grant
under subsection (a), a law enforcement agency may use funds received
under a grant under section 103 to accomplish the objectives of this
section.
Subtitle C--Civil Rights for Women
SEC. 40301. SHORT TITLE.
This subtitle may be cited as the "Civil Rights Remedies for Gender-
Motivated Violence Act".
SEC. 40302. CIVIL RIGHTS.
(a) Purpose.--Pursuant to the affirmative power of Congress to enact this
subtitle under section 5 of the Fourteenth Amendment to the Constitution, as
well as under section 8 of Article I of the Constitution, it is the purpose
of this subtitle to protect the civil rights of victims of gender motivated
violence and to promote public safety, health, and activities affecting
interstate commerce by establishing a Federal civil rights cause of action
for victims of crimes of violence motivated by gender.
(b) Right To Be Free From Crimes of Violence.--All persons within the
United States shall have the right to be free from crimes of violence
motivated by gender (as defined in subsection (d)).
(c) Cause of Action.--A person (including a person who acts under color
of any statute, ordinance, regulation, custom, or usage of any State) who
commits a crime of violence motivated by gender and thus deprives another of
the right declared in subsection (b) shall be liable to the party injured, in
an action for the recovery of compensatory and punitive damages, injunctive
and declaratory relief, and such other relief as a court may deem
appropriate.
(d) Definitions.--For purposes of this section--
(1) the term "crime of violence motivated by gender" means a crime of
violence committed because of gender or on the basis of gender, and due,
at least in part, to an animus based on the victim's gender; and
(2) the term "crime of violence" means--
(A) an act or series of acts that would constitute a felony
against the person or that would constitute a felony against property
if the conduct presents a serious risk of physical injury to another,
and that would come within the meaning of State or Federal offenses
described in section 16 of title 18, United States Code, whether or
not those acts have actually resulted in criminal charges,
prosecution, or conviction and whether or not those acts were
committed in the special maritime, territorial, or prison
jurisdiction of the United States; and
(B) includes an act or series of acts that would constitute a
felony described in subparagraph (A) but for the relationship between
the person who takes such action and the individual against whom such
action is taken.
(e) Limitation and Procedures.--
(1) Limitation.--Nothing in this section entitles a person to a cause
of action under subsection (c) for random acts of violence unrelated to
gender or for acts that cannot be demonstrated, by a preponderance of the
evidence, to be motivated by gender (within the meaning of subsection
(d)).
(2) No prior criminal action.--Nothing in this section requires a
prior criminal complaint, prosecution, or conviction to establish the
elements of a cause of action under subsection (c).
(3) Concurrent jurisdiction.--The Federal and State courts shall have
concurrent jurisdiction over actions brought pursuant to this subtitle.
(4) Supplemental jurisdiction.--Neither section 1367 of title 28,
United States Code, nor subsection (c) of this section shall be
construed, by reason of a claim arising under such subsection, to confer
on the courts of the United States jurisdiction over any State law claim
seeking the establishment of a divorce, alimony, equitable distribution
of marital property, or child custody decree.
(5) Limitation on removal.--Section 1445 of title 28, United States
Code, is amended by adding at the end the following new subsection:
"(d) A civil action in any State court arising under section 40302 of the
Violence Against Women Act of 1994 may not be removed to any district court
of the United States.".
SEC. 40303. ATTORNEY'S FEES.
Section 722 of the Revised Statutes (42 U.S.C. 1988) is amended in the
last sentence--
(1) by striking "or" after "Public Law 92-318,"; and
(2) by inserting ", or section 40302 of the Violence Against Women
Act of 1994," after "1964".
SEC. 40304. SENSE OF THE SENATE CONCERNING PROTECTION OF THE PRIVACY OF RAPE
VICTIMS.
It is the sense of the Senate that news media, law enforcement officers,
and other persons should exercise restraint and respect a rape victim's
privacy by not disclosing the victim's identity to the general public or
facilitating such disclosure without the consent of the victim.
Subtitle D--Equal Justice for Women in the Courts Act
SEC. 40401. SHORT TITLE.
This subtitle may be cited as the "Equal Justice for Women in the Courts
Act of 1994".
CHAPTER 1--EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN STATE
COURTS
SEC. 40411. GRANTS AUTHORIZED.
The State Justice Institute may award grants for the purpose of
developing, testing, presenting, and disseminating model programs to be used
by States (as defined in section 202 of the State Justice Institute Act of
1984 (42 U.S.C. 10701)) in training judges and court personnel in the laws of
the States and by Indian tribes in training tribal judges and court personnel
in the laws of the tribes on rape, sexual assault, domestic violence, and
other crimes of violence motivated by the victim's gender.
SEC. 40412. TRAINING PROVIDED BY GRANTS.
Training provided pursuant to grants made under this subtitle may include
current information, existing studies, or current data on--
(1) the nature and incidence of rape and sexual assault by strangers
and nonstrangers, marital rape, and incest;
(2) the underreporting of rape, sexual assault, and child sexual
abuse;
(3) the physical, psychological, and economic impact of rape and
sexual assault on the victim, the costs to society, and the implications
for sentencing;
(4) the psychology of sex offenders, their high rate of recidivism,
and the implications for sentencing;
(5) the historical evolution of laws and attitudes on rape and sexual
assault;
(6) sex stereotyping of female and male victims of rape and sexual
assault, racial stereotyping of rape victims and defendants, and the
impact of such stereotypes on credibility of witnesses, sentencing, and
other aspects of the administration of justice;
(7) application of rape shield laws and other limits on introduction
of evidence that may subject victims to improper sex stereotyping and
harassment in both rape and nonrape cases, including the need for sua
sponte judicial intervention in inappropriate cross-examination;
(8) the use of expert witness testimony on rape trauma syndrome,
child sexual abuse accommodation syndrome, post-traumatic stress
syndrome, and similar issues;
(9) the legitimate reasons why victims of rape, sexual assault, and
incest may refuse to testify against a defendant;
(10) the nature and incidence of domestic violence;
(11) the physical, psychological, and economic impact of domestic
violence on the victim, the costs to society, and the implications for
court procedures and sentencing;
(12) the psychology and self-presentation of batterers and victims
and the implications for court proceedings and credibility of witnesses;
(13) sex stereotyping of female and male victims of domestic
violence, myths about presence or absence of domestic violence in certain
racial, ethnic, religious, or socioeconomic groups, and their impact on
the administration of justice;
(14) historical evolution of laws and attitudes on domestic violence;
(15) proper and improper interpretations of the defenses of self-
defense and provocation, and the use of expert witness testimony on
battered woman syndrome;
(16) the likelihood of retaliation, recidivism, and escalation of
violence by batterers, and the potential impact of incarceration and
other meaningful sanctions for acts of domestic violence including
violations of orders of protection;
(17) economic, psychological, social and institutional reasons for
victims' inability to leave the batterer, to report domestic violence or
to follow through on complaints, including the influence of lack of
support from police, judges, and court personnel, and the legitimate
reasons why victims of domestic violence may refuse to testify against a
defendant;
(18) the need for orders of protection, and the implications of
mutual orders of protection, dual arrest policies, and mediation in
domestic violence cases; and
(19) recognition of and response to gender-motivated crimes of
violence other than rape, sexual assault and domestic violence, such as
mass or serial murder motivated by the gender of the victims.
SEC. 40413. COOPERATION IN DEVELOPING PROGRAMS IN MAKING GRANTS UNDER THIS
TITLE.
The State Justice Institute shall ensure that model programs carried out
pursuant to grants made under this subtitle are developed with the
participation of law enforcement officials, public and private nonprofit
victim advocates, legal experts, prosecutors, defense attorneys, and
recognized experts on gender bias in the courts.
SEC. 40414. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry out
this chapter--
$600,000 for fiscal year 1996.
(b) Model Programs.--Of amounts appropriated under this section, the
State Justice Institute shall expend not less than 40 percent on model
programs regarding domestic violence and not less than 40 percent on model
programs regarding rape and sexual assault.
CHAPTER 2--EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN FEDERAL
COURTS
SEC. 40421. AUTHORIZATIONS OF CIRCUIT STUDIES; EDUCATION AND TRAINING GRANTS.
(a) Studies.--In order to gain a better understanding of the nature and
the extent of gender bias in the Federal courts, the circuit judicial
councils are encouraged to conduct studies of the instances, if any, of
gender bias in their respective circuits and to implement recommended
reforms.
(b) Matters for Examination.--The studies under subsection (a) may
include an examination of the effects of gender on--
(1) the treatment of litigants, witnesses, attorneys, jurors, and
judges in the courts, including before magistrate and bankruptcy judges;
(2) the interpretation and application of the law, both civil and
criminal;
(3) treatment of defendants in criminal cases;
(4) treatment of victims of violent crimes in judicial proceedings;
(5) sentencing;
(6) sentencing alternatives and the nature of supervision of
probation and parole;
(7) appointments to committees of the Judicial Conference and the
courts;
(8) case management and court sponsored alternative dispute
resolution programs;
(9) the selection, retention, promotion, and treatment of employees;
(10) appointment of arbitrators, experts, and special masters;
(11) the admissibility of the victim's past sexual history in civil
and criminal cases; and
(12) the aspects of the topics listed in section 40412 that pertain
to issues within the jurisdiction of the Federal courts.
(c) Clearinghouse.--The Administrative Office of the United States Courts
shall act as a clearinghouse to disseminate any reports and materials issued
by the gender bias task forces under subsection (a) and to respond to
requests for such reports and materials. The gender bias task forces shall
provide the Administrative Office of the Courts of the United States with
their reports and related material.
(d) Model Programs.--The Federal Judicial Center, in carrying out section
620(b)(3) of title 28, United States Code, may--
(1) include in the educational programs it presents and prepares,
including the training programs for newly appointed judges, information
on issues related to gender bias in the courts including such areas as
are listed in subsection (a) along with such other topics as the Federal
Judicial Center deems appropriate;
(2) prepare materials necessary to implement this subsection; and
(3) take into consideration the findings and recommendations of the
studies conducted pursuant to subsection (a), and to consult with
individuals and groups with relevant expertise in gender bias issues as
it prepares or revises such materials.
SEC. 40422. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated--
(1) to the Salaries and Expenses Account of the Courts of Appeals,
District Courts, and other Judicial Services to carry out section
40421(a)--
$500,000 for fiscal year 1996;
(2) to the Federal Judicial Center to carry out section 40421(d)--
$100,000 for fiscal year 1996; and
(3) to the Administrative Office of the United States Courts to carry
out section 40421(c)--
$100,000 for fiscal year 1996.
Subtitle E--Violence Against Women Act Improvements
SEC. 40501. PRE-TRIAL DETENTION IN SEX OFFENSE CASES.
Section 3156(a)(4) of title 18, United States Code, is amended--
(1) by striking "or" at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B) and
inserting "; or"; and
(3) by adding after subparagraph (B) the following new subparagraph:
"(C) any felony under chapter 109A or chapter 110.".
SEC. 40502. INCREASED PENALTIES FOR SEX OFFENSES AGAINST VICTIMS BELOW THE
AGE OF 16.
Section 2245(2) of title 18, United States Code, is amended--
(1) by striking "or" at the end of subparagraph (B);
(2) by striking "; and" at the end of subparagraph (C) and inserting
"; or"; and
(3) by inserting after subparagraph (C) the following new
subparagraph:
"(D) the intentional touching, not through the clothing, of the
genitalia of another person who has not attained the age of 16 years with
an intent to abuse, humiliate, harass, degrade, or arouse or gratify the
sexual desire of any person;".
SEC. 40503. PAYMENT OF COST OF TESTING FOR SEXUALLY TRANSMITTED DISEASES.
(a) For Victims in Sex Offense Cases.--Section 503(c)(7) of the Victims'
Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)(7)) is amended by
adding at the end the following: "The Attorney General shall provide for the
payment of the cost of up to 2 anonymous and confidential tests of the victim
for sexually transmitted diseases, including HIV, gonorrhea, herpes,
chlamydia, and syphilis, during the 12 months following sexual assaults that
pose a risk of transmission, and the cost of a counseling session by a
medically trained professional on the accuracy of such tests and the risk of
transmission of sexually transmitted diseases to the victim as the result of
the assault. A victim may waive anonymity and confidentiality of any tests
paid for under this section.".
(b) Limited Testing of Defendants.--
(1) Court order.--The victim of an offense of the type referred to in
subsection (a) may obtain an order in the district court of the United
States for the district in which charges are brought against the
defendant charged with the offense, after notice to the defendant and an
opportunity to be heard, requiring that the defendant be tested for the
presence of the etiologic agent for acquired immune deficiency syndrome,
and that the results of the test be communicated to the victim and the
defendant. Any test result of the defendant given to the victim or the
defendant must be accompanied by appropriate counseling.
(2) Showing required.--To obtain an order under paragraph (1), the
victim must demonstrate that--
(A) the defendant has been charged with the offense in a State or
Federal court, and if the defendant has been arrested without a
warrant, a probable cause determination has been made;
(B) the test for the etiologic agent for acquired immune
deficiency syndrome is requested by the victim after appropriate
counseling; and
(C) the test would provide information necessary for the health
of the victim of the alleged offense and the court determines that
the alleged conduct of the defendant created a risk of transmission,
as determined by the Centers for Disease Control, of the etiologic
agent for acquired immune deficiency syndrome to the victim.
(3) Follow-up testing.--The court may order follow-up tests and
counseling under paragraph (b)(1) if the initial test was negative. Such
follow-up tests and counseling shall be performed at the request of the
victim on dates that occur six months and twelve months following the
initial test.
(4) Termination of testing requirements.--An order for follow-up
testing under paragraph (3) shall be terminated if the person obtains an
acquittal on, or dismissal of, all charges of the type referred to in
subsection (a).
(5) Confidentiality of test.--The results of any test ordered under
this subsection shall be disclosed only to the victim or, where the court
deems appropriate, to the parent or legal guardian of the victim, and to
the person tested. The victim may disclose the test results only to any
medical professional, counselor, family member or sexual partner(s) the
victim may have had since the attack. Any such individual to whom the
test results are disclosed by the victim shall maintain the
confidentiality of such information.
(6) Disclosure of test results.--The court shall issue an order to
prohibit the disclosure by the victim of the results of any test
performed under this subsection to anyone other than those mentioned in
paragraph (5). The contents of the court proceedings and test results
pursuant to this section shall be sealed. The results of such test
performed on the defendant under this section shall not be used as
evidence in any criminal trial.
(7) Contempt for disclosure.--Any person who discloses the results of
a test in violation of this subsection may be held in contempt of court.
(c) Penalties for Intentional Transmission of HIV.--Not later than 6
months after the date of enactment of this Act, the United States Sentencing
Commission shall conduct a study and prepare and submit to the committees on
the Judiciary of the Senate and the House of Representatives a report
concerning recommendations for the revision of sentencing guidelines that
relate to offenses in which an HIV infected individual engages in sexual
activity if the individual knows that he or she is infected with HIV and
intends, through such sexual activity, to expose another to HIV.
SEC. 40504. EXTENSION AND STRENGTHENING OF RESTITUTION.
Section 3663(b) of title 18, United States Code, is amended--
(1) in paragraph (2) by inserting "including an offense under chapter
109A or chapter 110" after "an offense resulting in bodily injury to a
victim";
(2) by striking "and" at the end of paragraph (3);
(3) by redesignating paragraph (4) as paragraph (5); and
(4) by inserting after paragraph (3) the following new paragraph:
"(4) in any case, reimburse the victim for lost income and necessary
child care, transportation, and other expenses related to participation
in the investigation or prosecution of the offense or attendance at
proceedings related to the offense; and".
SEC. 40505. ENFORCEMENT OF RESTITUTION ORDERS THROUGH SUSPENSION OF FEDERAL
BENEFITS.
Section 3663 of title 18, United States Code, is amended by adding at the
end the following new subsection:
"(i)(1) A Federal agency shall immediately suspend all Federal benefits
provided by the agency to the defendant, and shall terminate the defendant's
eligibility for Federal benefits administered by that agency, upon receipt of
a certified copy of a written judicial finding that the defendant is
delinquent in making restitution in accordance with any schedule of payments
or any requirement of immediate payment imposed under this section.
"(2) Any written finding of delinquency described in paragraph (1) shall
be made by a court, after a hearing, upon motion of the victim named in the
order to receive the restitution or upon motion of the United States.
"(3) A defendant found to be delinquent may subsequently seek a written
finding from the court that the defendant has rectified the delinquency or
that the defendant has made and will make good faith efforts to rectify the
delinquency. The defendant's eligibility for Federal benefits shall be
reinstated upon receipt by the agency of a certified copy of such a finding.
"(4) In this subsection, "Federal benefit" means a grant, contract, loan,
professional license, or commercial license provided by an agency of the
United States.".
SEC. 40506. NATIONAL BASELINE STUDY ON CAMPUS SEXUAL ASSAULT.
(a) Study.--The Attorney General, in consultation with the Secretary of
Education, shall provide for a national baseline study to examine the scope
of the problem of campus sexual assaults and the effectiveness of
institutional and legal policies in addressing such crimes and protecting
victims. The Attorney General may utilize the Bureau of Justice Statistics,
the National Institute of Justice, and the Office for Victims of Crime in
carrying out this section.
(b) Report.--Based on the study required by subsection (a) and data
collected under the Student Right-To-Know and Campus Security Act (20 U.S.C.
1001 note; Public Law 101-542) and amendments made by that Act, the Attorney
General shall prepare a report including an analysis of--
(1) the number of reported allegations and estimated number of
unreported allegations of campus sexual assaults, and to whom the
allegations are reported (including authorities of the educational
institution, sexual assault victim service entities, and local criminal
authorities);
(2) the number of campus sexual assault allegations reported to
authorities of educational institutions which are reported to criminal
authorities;
(3) the number of campus sexual assault allegations that result in
criminal prosecution in comparison with the number of non-campus sexual
assault allegations that result in criminal prosecution;
(4) Federal and State laws or regulations pertaining specifically to
campus sexual assaults;
(5) the adequacy of policies and practices of educational
institutions in addressing campus sexual assaults and protecting victims,
including consideration of--
(A) the security measures in effect at educational institutions,
such as utilization of campus police and security guards, control
over access to grounds and buildings, supervision of student
activities and student living arrangements, control over the
consumption of alcohol by students, lighting, and the availability of
escort services;
(B) the articulation and communication to students of the
institution's policies concerning sexual assaults;
(C) policies and practices that may prevent or discourage the
reporting of campus sexual assaults to local criminal authorities, or
that may otherwise obstruct justice or interfere with the prosecution
of perpetrators of campus sexual assaults;
(D) the nature and availability of victim services for victims of
campus sexual assaults;
(E) the ability of educational institutions' disciplinary
processes to address allegations of sexual assault adequately and
fairly;
(F) measures that are taken to ensure that victims are free of
unwanted contact with alleged assailants, and disciplinary sanctions
that are imposed when a sexual assault is determined to have
occurred; and
(G) the grounds on which educational institutions are subject to
lawsuits based on campus sexual assaults, the resolution of these
cases, and measures that can be taken to avoid the likelihood of
lawsuits and civil liability;
(6) in conjunction with the report produced by the Department of
Education in coordination with institutions of education under the
Student Right-To-Know and Campus Security Act (20 U.S.C. 1001 note;
Public Law 101-542) and amendments made by that Act, an assessment of the
policies and practices of educational institutions that are of greatest
effectiveness in addressing campus sexual assaults and protecting
victims, including policies and practices relating to the particular
issues described in paragraph (5); and
(7) any recommendations the Attorney General may have for reforms to
address campus sexual assaults and protect victims more effectively, and
any other matters that the Attorney General deems relevant to the subject
of the study and report required by this section.
(c) Submission of Report.--The report required by subsection (b) shall be
submitted to the Congress no later than September 1, 1996.
(d) Definition.--For purposes of this section, "campus sexual assaults"
includes sexual assaults occurring at institutions of postsecondary education
and sexual assaults committed against or by students or employees of such
institutions.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the study required by this section--$200,000 for
fiscal year 1996.
SEC. 40507. REPORT ON BATTERED WOMEN'S SYNDROME.
(a) Report.--Not less than 1 year after the date of enactment of this
Act, the Attorney General and the Secretary of Health and Human Services
shall transmit to the House Committee on Energy and Commerce, the Senate
Committee on Labor and Human Resources, and the Committees on the Judiciary
of the Senate and the House of Representatives a report on the medical and
psychological basis of "battered women's syndrome" and on the extent to which
evidence of the syndrome has been considered in criminal trials.
(b) Components.--The report under subsection (a) shall include--
(1) medical and psychological testimony on the validity of battered
women's syndrome as a psychological condition;
(2) a compilation of State, tribal, and Federal court cases in which
evidence of battered women's syndrome was offered in criminal trials; and
(3) an assessment by State, tribal, and Federal judges, prosecutors,
and defense attorneys of the effects that evidence of battered women's
syndrome may have in criminal trials.
SEC. 40508. REPORT ON CONFIDENTIALITY OF ADDRESSES FOR VICTIMS OF DOMESTIC
VIOLENCE.
(a) Report.--The Attorney General shall conduct a study of the means by
which abusive spouses may obtain information concerning the addresses or
locations of estranged or former spouses, notwithstanding the desire of the
victims to have such information withheld to avoid further exposure to abuse.
Based on the study, the Attorney General shall transmit a report to Congress
including--
(1) the findings of the study concerning the means by which
information concerning the addresses or locations of abused spouses may
be obtained by abusers; and
(2) analysis of the feasibility of creating effective means of
protecting the confidentiality of information concerning the addresses
and locations of abused spouses to protect such persons from exposure to
further abuse while preserving access to such information for legitimate
purposes.
(b) Use of Components.--The Attorney General may use the National
Institute of Justice and the Office for Victims of Crime in carrying out this
section.
SEC. 40509. REPORT ON RECORDKEEPING RELATING TO DOMESTIC VIOLENCE.
Not later than 1 year after the date of enactment of this Act, the
Attorney General shall complete a study of, and shall submit to Congress a
report and recommendations on, problems of recordkeeping of criminal
complaints involving domestic violence. The study and report shall examine--
(1) the efforts that have been made by the Department of Justice,
including the Federal Bureau of Investigation, to collect statistics on
domestic violence; and
(2) the feasibility of requiring that the relationship between an
offender and victim be reported in Federal records of crimes of
aggravated assault, rape, and other violent crimes.
Subtitle F--National Stalker and Domestic Violence Reduction
SEC. 40601. AUTHORIZING ACCESS TO FEDERAL CRIMINAL INFORMATION DATABASES.
(a) Access and Entry.--Section 534 of title 28, United States Code, is
amended by adding at the end the following:
"(e)(1) Information from national crime information databases consisting
of identification records, criminal history records, protection orders, and
wanted person records may be disseminated to civil or criminal courts for use
in domestic violence or stalking cases. Nothing in this subsection shall be
construed to permit access to such records for any other purpose.
"(2) Federal and State criminal justice agencies authorized to enter
information into criminal information databases may include--
"(A) arrests, convictions, and arrest warrants for stalking or
domestic violence or for violations of protection orders for the
protection of parties from stalking or domestic violence; and
"(B) protection orders for the protection of persons from stalking or
domestic violence, provided such orders are subject to periodic
verification.
"(3) As used in this subsection--
"(A) the term 'national crime information databases' means the
National Crime Information Center and its incorporated criminal history
databases, including the Interstate Identification Index; and
"(B) the term 'protection order' includes an injunction or any other
order issued for the purpose of preventing violent or threatening acts or
harassment against, or contact or communication with or physical
proximity to, another person, including temporary and final orders issued
by civil or criminal courts (other than support or child custody orders)
whether obtained by filing an independent action or as a pendente lite
order in another proceeding so long as any civil order was issued in
response to a complaint, petition, or motion filed by or on behalf of a
person seeking protection.".
(b) Rulemaking.--The Attorney General may make rules to carry out the
subsection added to section 534 of title 28, United States Code, by
subsection (a), after consultation with the officials charged with managing
the National Crime Information Center and the Criminal Justice Information
Services Advisory Policy Board.
SEC. 40602. GRANT PROGRAM.
(a) In General.--The Attorney General is authorized to provide grants to
States and units of local government to improve processes for entering data
regarding stalking and domestic violence into local, State, and national
crime information databases.
(b) Eligibility.--To be eligible to receive a grant under subsection (a),
a State or unit of local government shall certify that it has or intends to
establish a program that enters into the National Crime Information Center
records of--
(1) warrants for the arrest of persons violating protection orders
intended to protect victims from stalking or domestic violence;
(2) arrests or convictions of persons violating protection or
domestic violence; and
(3) protection orders for the protection of persons from stalking or
domestic violence.
SEC. 40603. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this subtitle--
(1) $1,500,000 for fiscal year 1996;
(2) $1,750,000 for fiscal year 1997; and
(3) $2,750,000 for fiscal year 1998.
SEC. 40604. APPLICATION REQUIREMENTS.
An application for a grant under this subtitle shall be submitted in such
form and manner, and contain such information, as the Attorney General may
prescribe. In addition, applications shall include documentation showing--
(1) the need for grant funds and that State or local funding, as the
case may be, does not already cover these operations;
(2) intended use of the grant funds, including a plan of action to
increase record input; and
(3) an estimate of expected results from the use of the grant funds.
SEC. 40605. DISBURSEMENT.
Not later than 90 days after the receipt of an application under this
subtitle, the Attorney General shall either provide grant funds or shall
inform the applicant why grant funds are not being provided.
SEC. 40606. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATIONS.
The Attorney General may provide technical assistance and training in
furtherance of the purposes of this subtitle, and may provide for the
evaluation of programs that receive funds under this subtitle, in addition to
any evaluation requirements that the Attorney General may prescribe for
grantees. The technical assistance, training, and evaluations authorized by
this section may be carried out directly by the Attorney General, or through
contracts or other arrangements with other entities.
SEC. 40607. TRAINING PROGRAMS FOR JUDGES.
The State Justice Institute, after consultation with nationally
recognized nonprofit organizations with expertise in stalking and domestic
violence cases, shall conduct training programs for State (as defined in
section 202 of the State Justice Institute Authorization Act of 1984 (42
U.S.C. 10701)) and Indian tribal judges to ensure that a judge issuing an
order in a stalking or domestic violence case has all available criminal
history and other information, whether from State or Federal sources.
SEC. 40608. RECOMMENDATIONS ON INTRASTATE COMMUNICATION.
The State Justice Institute, after consultation with nationally
recognized nonprofit associations with expertise in data sharing among
criminal justice agencies and familiarity with the issues raised in stalking
and domestic violence cases, shall recommend proposals regarding how State
courts may increase intrastate communication between civil and criminal
courts.
SEC. 40609. INCLUSION IN NATIONAL INCIDENT-BASED REPORTING SYSTEM.
Not later than 2 years after the date of enactment of this Act, the
Attorney General, in accordance with the States, shall compile data regarding
domestic violence and intimidation (including stalking) as part of the
National Incident-Based Reporting System (NIBRS).
SEC. 40610. REPORT TO CONGRESS.
The Attorney General shall submit to the Congress an annual report,
beginning one year after the date of the enactment of this Act, that provides
information concerning the incidence of stalking and domestic violence, and
evaluates the effectiveness of State antistalking efforts and legislation.
SEC. 40611. DEFINITIONS.
As used in this subtitle--
(1) the term "national crime information databases" refers to the
National Crime Information Center and its incorporated criminal history
databases, including the Interstate Identification Index; and
(2) the term "protection order" includes an injunction or any other
order issued for the purpose of preventing violent or threatening acts or
harassment against, or contact or communication with or physical
proximity to, another person, including temporary and final orders issued
by civil or criminal courts (other than support or child custody orders)
whether obtained by filing an independent action or as a pendente lite
order in another proceeding so long as any civil order was issued in
response to a complaint, petition, or motion filed by or on behalf of a
person seeking protection.
Subtitle G--Protections for Battered Immigrant Women and Children
SEC. 40701. ALIEN PETITIONING RIGHTS FOR IMMEDIATE RELATIVE OR SECOND
PREFERENCE STATUS.
(a) In General.--Section 204(a)(1) of the Immigration and Nationality Act
(8 U.S.C. 1154(a)(1)) is amended--
(1) in subparagraph (A)--
(A) by inserting "(i)" after "(A)",
(B) by redesignating the second sentence as clause (ii), and
(C) by adding at the end the following new clauses:
"(iii) An alien who is the spouse of a citizen of the United States, who
is a person of good moral character, who is eligible to be classified as an
immediate relative under section 201(b)(2)(A)(i), and who has resided in the
United States with the alien's spouse may file a petition with the Attorney
General under this subparagraph for classification of the alien (and any
child of the alien if such a child has not been classified under clause (iv))
under such section if the alien demonstrates to the Attorney General that--
"(I) the alien is residing in the United States, the marriage between
the alien and the spouse was entered into in good faith by the alien, and
during the marriage the alien or a child of the alien has been battered
by or has been the subject of extreme cruelty perpetrated by the alien's
spouse; and
"(II) the alien is a person whose deportation, in the opinion of the
Attorney General, would result in extreme hardship to the alien or a
child of the alien.
"(iv) An alien who is the child of a citizen of the United States, who is
a person of good moral character, who is eligible to be classified as an
immediate relative under section 201(b)(2)(A)(i), and who has resided in the
United States with the citizen parent may file a petition with the Attorney
General under this subparagraph for classification of the alien under such
section if the alien demonstrates to the Attorney General that--
"(I) the alien is residing in the United States and during the period
of residence with the citizen parent the alien has been battered by or
has been the subject of extreme cruelty perpetrated by the alien's
citizen parent; and
"(II) the alien is a person whose deportation, in the opinion of the
Attorney General, would result in extreme hardship to the alien.";
(2) in subparagraph (B)--
(A) by inserting "(i)" after "(B)"; and
(B) by adding at the end the following new clauses:
"(ii) An alien who is the spouse of an alien lawfully admitted for
permanent residence, who is a person of good moral character, who is eligible
for classification under section 203(a)(2)(A), and who has resided in the
United States with the alien's legal permanent resident spouse may file a
petition with the Attorney General under this subparagraph for classification
of the alien (and any child of the alien if such a child has not been
classified under clause (iii)) under such section if the alien demonstrates
to the Attorney General that the conditions described in subclauses (I) and
(II) of subparagraph (A)(iii) are met with respect to the alien.
"(iii) An alien who is the child of an alien lawfully admitted for
permanent residence, who is a person of good moral character, who is eligible
for classification under section 203(a)(2)(A), and who has resided in the
United States with the alien's permanent resident alien parent may file a
petition with the Attorney General under this subparagraph for classification
of the alien under such section if the alien demonstrates to the Attorney
General that--
"(I) the alien is residing in the United States and during the period
of residence with the permanent resident parent the alien has been
battered by or has been the subject of extreme cruelty perpetrated by the
alien's permanent resident parent; and
"(II) the alien is a person whose deportation, in the opinion of the
Attorney General, would result in extreme hardship to the alien."; and
(3) by adding at the end the following new subparagraph:
"(H) In acting on petitions filed under clause (iii) or (iv) of
subparagraph (A) or clause (ii) or (iii) of subparagraph (B), the Attorney
General shall consider any credible evidence relevant to the petition. The
determination of what evidence is credible and the weight to be given that
evidence shall be within the sole discretion of the Attorney General.".
(b) Conforming Amendments.--(1) Section 204(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(2)) is amended--
(A) in subparagraph (A) by striking "filed by an alien who," and
inserting "for the classification of the spouse of an alien if the
alien,"; and
(B) in subparagraph (B) by striking "by an alien whose prior
marriage" and inserting "for the classification of the spouse of an alien
if the prior marriage of the alien".
(2) Section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8
U.S.C. 1151(b)(2)(A)(i)) is amended by striking "204(a)(1)(A)" and inserting
"204(a)(1)(A)(ii)".
(c) Survival Rights To Petition.--Section 204 of the Immigration and
Nationality Act (8 U.S.C. 1154) is amended by adding at the end the following
new subsection:
"(h) The legal termination of a marriage may not be the sole basis for
revocation under section 205 of a petition filed under subsection
(a)(1)(A)(iii) or a petition filed under subsection (a)(1)(B)(ii) pursuant to
conditions described in subsection (a)(1)(A)(iii)(I).".
(d) Effective Date.--The amendments made by this section shall take
effect January 1, 1995.
SEC. 40702. USE OF CREDIBLE EVIDENCE IN SPOUSAL WAIVER APPLICATIONS.
(a) In General.--Section 216(c)(4) of the Immigration and Nationality Act
(8 U.S.C. 1186a(c)(4)) is amended by inserting after the second sentence the
following: "In acting on applications under this paragraph, the Attorney
General shall consider any credible evidence relevant to the application. The
determination of what evidence is credible and the weight to be given that
evidence shall be within the sole discretion of the Attorney General.".
(b) Effective Date.--The amendment made by subsection (a) shall take
effect on the date of enactment of this Act and shall apply to applications
made before, on, or after such date.
SEC. 40703. SUSPENSION OF DEPORTATION.
(a) Battered Spouse or Child.--Section 244(a) of the Immigration and
Nationality Act (8 U.S.C. 1254(a)) is amended--
(1) by striking "or" at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and inserting
"; or"; and
(3) by inserting after paragraph (2) the following:
"(3) is deportable under any law of the United States except section
241(a)(1)(G) and the provisions specified in paragraph (2); has been
physically present in the United States for a continuous period of not
less than 3 years immediately preceding the date of such application; has
been battered or subjected to extreme cruelty in the United States by a
spouse or parent who is a United States citizen or lawful permanent
resident (or is the parent of a child of a United States citizen or
lawful permanent resident and the child has been battered or subjected to
extreme cruelty in the United States by such citizen or permanent
resident parent); and proves that during all of such time in the United
States the alien was and is a person of good moral character; and is a
person whose deportation would, in the opinion of the Attorney General,
result in extreme hardship to the alien or the alien's parent or child.".
(b) Consideration of Evidence.--Section 244 of the Immigration and
Nationality Act (8 U.S.C. 1254) is amended by adding at the end the following
new subsection:
"(g) In acting on applications under subsection (a)(3), the Attorney
General shall consider any credible evidence relevant to the application. The
determination of what evidence is credible and the weight to be given that
evidence shall be within the sole discretion of the Attorney General.".
TITLE V--DRUG COURTS
SEC. 50001. DRUG COURTS.
(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 40231(a), is
amended--
(1) by redesignating part V as part W;
(2) by redesignating section 2201 as section 2301; and
(3) by inserting after part U the following new part:
"PART V--DRUG COURTS
"SEC. 2201. GRANT AUTHORITY.
"The Attorney General may make grants to States, State courts, local
courts, units of local government, and Indian tribal governments, acting
directly or through agreements with other public or private entities, for
programs that involve--
"(1) continuing judicial supervision over offenders with substance
abuse problems who are not violent offenders; and
"(2) the integrated administration of other sanctions and services,
which shall include--
"(A) mandatory periodic testing for the use of controlled
substances or other addictive substances during any period of
supervised release or probation for each participant;
"(B) substance abuse treatment for each participant;
"(C) diversion, probation, or other supervised release involving
the possibility of prosecution, confinement, or incarceration based
on noncompliance with program requirements or failure to show
satisfactory progress; and
"(D) programmatic, offender management, and aftercare services
such as relapse prevention, health care, education, vocational
training, job placement, housing placement, and child care or other
family support services for each participant who requires such
services.
"SEC. 2202. PROHIBITION OF PARTICIPATION BY VIOLENT OFFENDERS.
"The Attorney General shall--
"(1) issue regulations and guidelines to ensure that the programs
authorized in this part do not permit participation by violent offenders;
and
"(2) immediately suspend funding for any grant under this part,
pending compliance, if the Attorney General finds that violent offenders
are participating in any program funded under this part.
"SEC. 2203. DEFINITION.
"In this part, 'violent offender' means a person who--
"(1) is charged with or convicted of an offense, during the course of
which offense or conduct--
"(A) the person carried, possessed, or used a firearm or
dangerous weapon;
"(B) there occurred the death of or serious bodily injury to any
person; or
"(C) there occurred the use of force against the person of
another,
without regard to whether any of the circumstances described in
subparagraph (A), (B), or (C) is an element of the offense or conduct of
which or for which the person is charged or convicted; or
"(2) has one or more prior convictions for a felony crime of violence
involving the use or attempted use of force against a person with the
intent to cause death or serious bodily harm.
"SEC. 2204. ADMINISTRATION.
"(a) Consultation.--The Attorney General shall consult with the Secretary
of Health and Human Services and any other appropriate officials in carrying
out this part.
"(b) Use of Components.--The Attorney General may utilize any component
or components of the Department of Justice in carrying out this part.
"(c) Regulatory Authority.--The Attorney General may issue regulations
and guidelines necessary to carry out this part.
"(d) Applications.--In addition to any other requirements that may be
specified by the Attorney General, an application for a grant under this part
shall--
"(1) include a long-term strategy and detailed implementation plan;
"(2) explain the applicant's inability to fund the program adequately
without Federal assistance;
"(3) certify that the Federal support provided will be used to
supplement, and not supplant, State, Indian tribal, and local sources of
funding that would otherwise be available;
"(4) identify related governmental or community initiatives which
complement or will be coordinated with the proposal;
"(5) certify that there has been appropriate consultation with all
affected agencies and that there will be appropriate coordination with
all affected agencies in the implementation of the program;
"(6) certify that participating offenders will be supervised by one
or more designated judges with responsibility for the drug court program;
"(7) specify plans for obtaining necessary support and continuing the
proposed program following the conclusion of Federal support; and
"(8) describe the methodology that will be used in evaluating the
program.
"SEC. 2205. APPLICATIONS.
"To request funds under this part, the chief executive or the chief
justice of a State or the chief executive or chief judge of a unit of local
government or Indian tribal government shall submit an application to the
Attorney General in such form and containing such information as the Attorney
General may reasonably require.
"SEC. 2206. FEDERAL SHARE.
"The Federal share of a grant made under this part may not exceed 75
percent of the total costs of the program described in the application
submitted under section 2205 for the fiscal year for which the program
receives assistance under this part, unless the Attorney General waives,
wholly or in part, the requirement of a matching contribution under this
section. In-kind contributions may constitute a portion of the non-Federal
share of a grant.
"SEC. 2207. GEOGRAPHIC DISTRIBUTION.
"The Attorney General shall ensure that, to the extent practicable, an
equitable geographic distribution of grant awards is made.
"SEC. 2208. REPORT.
"A State, Indian tribal government, or unit of local government that
receives funds under this part during a fiscal year shall submit to the
Attorney General a report in March of the following year regarding the
effectiveness of this part.
"SEC. 2209. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.
"(a) Technical Assistance and Training.--The Attorney General may provide
technical assistance and training in furtherance of the purposes of this
part.
"(b) Evaluations.--In addition to any evaluation requirements that may be
prescribed for grantees, the Attorney General may carry out or make
arrangements for evaluations of programs that receive support under this
part.
"(c) Administration.--The technical assistance, training, and evaluations
authorized by this section may be carried out directly by the Attorney
General, in collaboration with the Secretary of Health and Human Services, or
through grants, contracts, or other cooperative arrangements with other
entities.".
(b) Technical Amendment.--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 40231(b), is amended by striking the matter relating to
part V and inserting the following:
"Part V--Drug Courts
"Sec. 2201. Grant authority.
"Sec. 2202. Prohibition of participation by violent offenders.
"Sec. 2203. Definition.
"Sec. 2204. Administration.
"Sec. 2205. Applications.
"Sec. 2206. Federal share.
"Sec. 2207. Geographic distribution.
"Sec. 2208. Report.
"Sec. 2209. Technical assistance, training, and evaluation.
"Part W--Transition-Effective Date-Repealer
"Sec. 2301. Continuation of rules, authorities, and proceedings.".
(c) Authorization of Appropriations.--Section 1001(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), as
amended by section 40231(c), is amended--
(1) in paragraph (3) by striking "and U" and inserting "U, and V";
and
(2) by adding at the end the following new paragraph:
"(20) There are authorized to be appropriated to carry out part V--
"(1) $100,000,000 for fiscal year 1995;
"(2) $150,000,000 for fiscal year 1996;
"(3) $150,000,000 for fiscal year 1997;
"(4) $200,000,000 for fiscal year 1998;
"(5) $200,000,000 for fiscal year 1999; and
"(6) $200,000,000 for fiscal year 2000.".
SEC. 50002. STUDY BY THE GENERAL ACCOUNTING OFFICE.
(a) In General.--The Comptroller General of the United States shall
study and assess the effectiveness and impact of grants authorized by part V
of title I of the Omnibus Crime Control and Safe Streets Act of 1968 as added
by section 50001(a) and report to Congress the results of the study on or
before January 1, 1997.
(b) Documents and Information.--The Attorney General and grant recipients
shall provide the Comptroller General with all relevant documents and
information that the Comptroller General deems necessary to conduct the study
under subsection (a), including the identities and criminal records of
program participants.
(c) Criteria.--In assessing the effectiveness of the grants made under
programs authorized by part V of the Omnibus Crime Control and Safe Streets
Act of 1968, the Comptroller General shall consider, among other things--
(1) recidivism rates of program participants;
(2) completion rates among program participants;
(3) drug use by program participants; and
(4) the costs of the program to the criminal justice system.
TITLE VI--DEATH PENALTY
SEC. 60001. SHORT TITLE.
This title may be cited as the "Federal Death Penalty Act of 1994".
SEC. 60002. CONSTITUTIONAL PROCEDURES FOR THE IMPOSITION OF THE SENTENCE OF
DEATH.
(a) In General.--Part II of title 18, United States Code, is amended by
inserting after chapter 227 the following new chapter:
"CHAPTER 228--DEATH SENTENCE
"Sec.
"3591. Sentence of death.
"3592. Mitigating and aggravating factors to be considered in determining
whether a sentence of death is justified.
"3593. Special hearing to determine whether a sentence of death is justified.
"3594. Imposition of a sentence of death.
"3595. Review of a sentence of death.
"3596. Implementation of a sentence of death.
"3597. Use of State facilities.
"3598. Special provisions for Indian country.
"Sec. 3591. Sentence of death
"(a) A defendant who has been found guilty of--
"(1) an offense described in section 794 or section 2381; or
"(2) any other offense for which a sentence of death is provided, if
the defendant, as determined beyond a reasonable doubt at the hearing
under section 3593--
"(A) intentionally killed the victim;
"(B) intentionally inflicted serious bodily injury that resulted
in the death of the victim;
"(C) intentionally participated in an act, contemplating that the
life of a person would be taken or intending that lethal force would
be used in connection with a person, other than one of the
participants in the offense, and the victim died as a direct result
of the act; or
"(D) intentionally and specifically engaged in an act of
violence, knowing that the act created a grave risk of death to a
person, other than one of the participants in the offense, such that
participation in the act constituted a reckless disregard for human
life and the victim died as a direct result of the act,
shall be sentenced to death if, after consideration of the factors set forth
in section 3592 in the course of a hearing held pursuant to section 3593, it
is determined that imposition of a sentence of death is justified, except
that no person may be sentenced to death who was less than 18 years of age at
the time of the offense.
"(b) A defendant who has been found guilty of--
"(1) an offense referred to in section 408(c)(1) of the Controlled
Substances Act (21 U.S.C. 848(c)(1)), committed as part of a continuing
criminal enterprise offense under the conditions described in subsection
(b) of that section which involved not less than twice the quantity of
controlled substance described in subsection (b)(2)(A) or twice the gross
receipts described in subsection (b)(2)(B); or
"(2) an offense referred to in section 408(c)(1) of the Controlled
Substances Act (21 U.S.C. 848(c)(1)), committed as part of a continuing
criminal enterprise offense under that section, where the defendant is a
principal administrator, organizer, or leader of such an enterprise, and
the defendant, in order to obstruct the investigation or prosecution of
the enterprise or an offense involved in the enterprise, attempts to kill
or knowingly directs, advises, authorizes, or assists another to attempt
to kill any public officer, juror, witness, or members of the family or
household of such a person,
shall be sentenced to death if, after consideration of the factors set forth
in section 3592 in the course of a hearing held pursuant to section 3593, it
is determined that imposition of a sentence of death is justified, except
that no person may be sentenced to death who was less than 18 years of age at
the time of the offense.
"Sec. 3592. Mitigating and aggravating factors to be considered in
determining whether a sentence of death is justified
"(a) Mitigating Factors.--In determining whether a sentence of death is
to be imposed on a defendant, the finder of fact shall consider any
mitigating factor, including the following:
"(1) Impaired capacity.--The defendant's capacity to appreciate the
wrongfulness of the defendant's conduct or to conform conduct to the
requirements of law was significantly impaired, regardless of whether the
capacity was so impaired as to constitute a defense to the charge.
"(2) Duress.--The defendant was under unusual and substantial duress,
regardless of whether the duress was of such a degree as to constitute a
defense to the charge.
"(3) Minor participation.--The defendant is punishable as a principal
in the offense, which was committed by another, but the defendant's
participation was relatively minor, regardless of whether the
participation was so minor as to constitute a defense to the charge.
"(4) Equally culpable defendants.--Another defendant or defendants,
equally culpable in the crime, will not be punished by death.
"(5) No prior criminal record.--The defendant did not have a
significant prior history of other criminal conduct.
"(6) Disturbance.--The defendant committed the offense under severe
mental or emotional disturbance.
"(7) Victim's consent.--The victim consented to the criminal conduct
that resulted in the victim's death.
"(8) Other factors.--Other factors in the defendant's background,
record, or character or any other circumstance of the offense that
mitigate against imposition of the death sentence.
"(b) Aggravating Factors for Espionage and Treason.--In determining
whether a sentence of death is justified for an offense described in section
3591(a)(1), the jury, or if there is no jury, the court, shall consider each
of the following aggravating factors for which notice has been given and
determine which, if any, exist:
"(1) Prior espionage or treason offense.--The defendant has
previously been convicted of another offense involving espionage or
treason for which a sentence of either life imprisonment or death was
authorized by law.
"(2) Grave risk to national security.--In the commission of the
offense the defendant knowingly created a grave risk of substantial
danger to the national security.
"(3) Grave risk of death.--In the commission of the offense the
defendant knowingly created a grave risk of death to another person.
The jury, or if there is no jury, the court, may consider whether any other
aggravating factor for which notice has been given exists.
"(c) Aggravating Factors for Homicide.--In determining whether a sentence
of death is justified for an offense described in section 3591(a)(2), the
jury, or if there is no jury, the court, shall consider each of the following
aggravating factors for which notice has been given and determine which, if
any, exist:
"(1) Death during commission of another crime.--The death, or injury
resulting in death, occurred during the commission or attempted
commission of, or during the immediate flight from the commission of, an
offense under section 32 (destruction of aircraft or aircraft
facilities), section 33 (destruction of motor vehicles or motor vehicle
facilities), section 36 (violence at international airports), section 351
(violence against Members of Congress, Cabinet officers, or Supreme Court
Justices), an offense under section 751 (prisoners in custody of
institution or officer), section 794 (gathering or delivering defense
information to aid foreign government), section 844(d) (transportation of
explosives in interstate commerce for certain purposes), section 844(f)
(destruction of Government property by explosives), section 1118
(prisoners serving life term), section 1201 (kidnaping), section 844(i)
(destruction of property affecting interstate commerce by explosives),
section 1116 (killing or attempted killing of diplomats), section 1203
(hostage taking), section 1992 (wrecking trains), section 2280 (maritime
violence), section 2281 (maritime platform violence), section 2332
(terrorist acts abroad against United States nationals), section 2339
(use of weapons of mass destruction), or section 2381 (treason) of this
title, or section 46502 of title 49, United States Code (aircraft
piracy).
"(2) Previous conviction of violent felony involving firearm.--For
any offense, other than an offense for which a sentence of death is
sought on the basis of section 924(c), the defendant has previously been
convicted of a Federal or State offense punishable by a term of
imprisonment of more than 1 year, involving the use or attempted or
threatened use of a firearm (as defined in section 921) against another
person.
"(3) Previous conviction of offense for which a sentence of death or
life imprisonment was authorized.--The defendant has previously been
convicted of another Federal or State offense resulting in the death of a
person, for which a sentence of life imprisonment or a sentence of death
was authorized by statute.
"(4) Previous conviction of other serious offenses.--The defendant
has previously been convicted of 2 or more Federal or State offenses,
punishable by a term of imprisonment of more than 1 year, committed on
different occasions, involving the infliction of, or attempted infliction
of, serious bodily injury or death upon another person.
"(5) Grave risk of death to additional persons.--The defendant, in
the commission of the offense, or in escaping apprehension for the
violation of the offense, knowingly created a grave risk of death to 1 or
more persons in addition to the victim of the offense.
"(6) Heinous, cruel, or depraved manner of committing offense.--The
defendant committed the offense in an especially heinous, cruel, or
depraved manner in that it involved torture or serious physical abuse to
the victim.
"(7) Procurement of offense by payment.--The defendant procured the
commission of the offense by payment, or promise of payment, of anything
of pecuniary value.
"(8) Pecuniary gain.--The defendant committed the offense as
consideration for the receipt, or in the expectation of the receipt, of
anything of pecuniary value.
"(9) Substantial planning and premeditation.--The defendant committed
the offense after substantial planning and premeditation to cause the
death of a person or commit an act of terrorism.
"(10) Conviction for two felony drug offenses.--The defendant has
previously been convicted of 2 or more State or Federal offenses
punishable by a term of imprisonment of more than one year, committed on
different occasions, involving the distribution of a controlled
substance.
"(11) Vulnerability of victim.--The victim was particularly
vulnerable due to old age, youth, or infirmity.
"(12) Conviction for serious federal drug offenses.--The defendant
had previously been convicted of violating title II or III of the
Controlled Substances Act for which a sentence of 5 or more years may be
imposed or had previously been convicted of engaging in a continuing
criminal enterprise.
"(13) Continuing criminal enterprise involving drug sales to
minors.--The defendant committed the offense in the course of engaging in
a continuing criminal enterprise in violation of section 408(c) of the
Controlled Substances Act (21 U.S.C. 848(c)), and that violation involved
the distribution of drugs to persons under the age of 21 in violation of
section 418 of that Act (21 U.S.C. 859).
"(14) High public officials.--The defendant committed the offense
against--
"(A) the President of the United States, the President-elect, the
Vice President, the Vice President-elect, the Vice President-
designate, or, if there is no Vice President, the officer next in
order of succession to the office of the President of the United
States, or any person who is acting as President under the
Constitution and laws of the United States;
"(B) a chief of state, head of government, or the political
equivalent, of a foreign nation;
"(C) a foreign official listed in section 1116(b)(3)(A), if the
official is in the United States on official business; or
"(D) a Federal public servant who is a judge, a law enforcement
officer, or an employee of a United States penal or correctional
institution--
"(i) while he or she is engaged in the performance of his or
her official duties;
"(ii) because of the performance of his or her official
duties; or
"(iii) because of his or her status as a public servant.
For purposes of this subparagraph, a 'law enforcement officer' is a
public servant authorized by law or by a Government agency or
Congress to conduct or engage in the prevention, investigation, or
prosecution or adjudication of an offense, and includes those engaged
in corrections, parole, or probation functions.
"(15) Prior conviction of sexual assault or child molestation.--In
the case of an offense under chapter 109A (sexual abuse) or chapter 110
(sexual abuse of children), the defendant has previously been convicted
of a crime of sexual assault or crime of child molestation.
The jury, or if there is no jury, the court, may consider whether any other
aggravating factor for which notice has been given exists.
"(d) Aggravating Factors for Drug Offense Death Penalty.--In determining
whether a sentence of death is justified for an offense described in section
3591(b), the jury, or if there is no jury, the court, shall consider each of
the following aggravating factors for which notice has been given and
determine which, if any, exist:
"(1) Previous conviction of offense for which a sentence of death or
life imprisonment was authorized.--The defendant has previously been
convicted of another Federal or State offense resulting in the death of a
person, for which a sentence of life imprisonment or death was authorized
by statute.
"(2) Previous conviction of other serious offenses.--The defendant
has previously been convicted of two or more Federal or State offenses,
each punishable by a term of imprisonment of more than one year,
committed on different occasions, involving the importation, manufacture,
or distribution of a controlled substance (as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802)) or the infliction of, or
attempted infliction of, serious bodily injury or death upon another
person.
"(3) Previous serious drug felony conviction.--The defendant has
previously been convicted of another Federal or State offense involving
the manufacture, distribution, importation, or possession of a controlled
substance (as defined in section 102 of the Controlled Substances Act (21
U.S.C. 802)) for which a sentence of five or more years of imprisonment
was authorized by statute.
"(4) Use of firearm.--In committing the offense, or in furtherance of
a continuing criminal enterprise of which the offense was a part, the
defendant used a firearm or knowingly directed, advised, authorized, or
assisted another to use a firearm to threaten, intimidate, assault, or
injure a person.
"(5) Distribution to persons under 21.--The offense, or a continuing
criminal enterprise of which the offense was a part, involved conduct
proscribed by section 418 of the Controlled Substances Act (21 U.S.C.
859) which was committed directly by the defendant.
"(6) Distribution near schools.--The offense, or a continuing
criminal enterprise of which the offense was a part, involved conduct
proscribed by section 419 of the Controlled Substances Act (21 U.S.C.
860) which was committed directly by the defendant.
"(7) Using minors in trafficking.--The offense, or a continuing
criminal enterprise of which the offense was a part, involved conduct
proscribed by section 420 of the Controlled Substances Act (21 U.S.C.
861) which was committed directly by the defendant.
"(8) Lethal adulterant.--The offense involved the importation,
manufacture, or distribution of a controlled substance (as defined in
section 102 of the Controlled Substances Act (21 U.S.C. 802)), mixed with
a potentially lethal adulterant, and the defendant was aware of the
presence of the adulterant.
The jury, or if there is no jury, the court, may consider whether any other
aggravating factor for which notice has been given exists.
"Sec. 3593. Special hearing to determine whether a sentence of death is
justified
"(a) Notice by the Government.--If, in a case involving an offense
described in section 3591, the attorney for the government believes that the
circumstances of the offense are such that a sentence of death is justified
under this chapter, the attorney shall, a reasonable time before the trial or
before acceptance by the court of a plea of guilty, sign and file with the
court, and serve on the defendant, a notice--
"(1) stating that the government believes that the circumstances of
the offense are such that, if the defendant is convicted, a sentence of
death is justified under this chapter and that the government will seek
the sentence of death; and
"(2) setting forth the aggravating factor or factors that the
government, if the defendant is convicted, proposes to prove as
justifying a sentence of death.
The factors for which notice is provided under this subsection may include
factors concerning the effect of the offense on the victim and the victim's
family, and may include oral testimony, a victim impact statement that
identifies the victim of the offense and the extent and scope of the injury
and loss suffered by the victim and the victim's family, and any other
relevant information. The court may permit the attorney for the government to
amend the notice upon a showing of good cause.
"(b) Hearing Before a Court or Jury.--If the attorney for the government
has filed a notice as required under subsection (a) and the defendant is
found guilty of or pleads guilty to an offense described in section 3591, the
judge who presided at the trial or before whom the guilty plea was entered,
or another judge if that judge is unavailable, shall conduct a separate
sentencing hearing to determine the punishment to be imposed. The hearing
shall be conducted--
"(1) before the jury that determined the defendant's guilt;
"(2) before a jury impaneled for the purpose of the hearing if--
"(A) the defendant was convicted upon a plea of guilty;
"(B) the defendant was convicted after a trial before the court
sitting without a jury;
"(C) the jury that determined the defendant's guilt was
discharged for good cause; or
"(D) after initial imposition of a sentence under this section,
reconsideration of the sentence under this section is necessary; or
"(3) before the court alone, upon the motion of the defendant and
with the approval of the attorney for the government.
A jury impaneled pursuant to paragraph (2) shall consist of 12 members,
unless, at any time before the conclusion of the hearing, the parties
stipulate, with the approval of the court, that it shall consist of a lesser
number.
"(c) Proof of Mitigating and Aggravating Factors.--Notwithstanding rule
32(c) of the Federal Rules of Criminal Procedure, when a defendant is found
guilty or pleads guilty to an offense under section 3591, no presentence
report shall be prepared. At the sentencing hearing, information may be
presented as to any matter relevant to the sentence, including any mitigating
or aggravating factor permitted or required to be considered under section
3592. Information presented may include the trial transcript and exhibits if
the hearing is held before a jury or judge not present during the trial, or
at the trial judge's discretion. The defendant may present any information
relevant to a mitigating factor. The government may present any information
relevant to an aggravating factor for which notice has been provided under
subsection (a). Information is admissible regardless of its admissibility
under the rules governing admission of evidence at criminal trials except
that information may be excluded if its probative value is outweighed by the
danger of creating unfair prejudice, confusing the issues, or misleading the
jury. The government and the defendant shall be permitted to rebut any
information received at the hearing, and shall be given fair opportunity to
present argument as to the adequacy of the information to establish the
existence of any aggravating or mitigating factor, and as to the
appropriateness in the case of imposing a sentence of death. The government
shall open the argument. The defendant shall be permitted to reply. The
government shall then be permitted to reply in rebuttal. The burden of
establishing the existence of any aggravating factor is on the government,
and is not satisfied unless the existence of such a factor is established
beyond a reasonable doubt. The burden of establishing the existence of any
mitigating factor is on the defendant, and is not satisfied unless the
existence of such a factor is established by a preponderance of the
information.
"(d) Return of Special Findings.--The jury, or if there is no jury, the
court, shall consider all the information received during the hearing. It
shall return special findings identifying any aggravating factor or factors
set forth in section 3592 found to exist and any other aggravating factor for
which notice has been provided under subsection (a) found to exist. A finding
with respect to a mitigating factor may be made by 1 or more members of the
jury, and any member of the jury who finds the existence of a mitigating
factor may consider such factor established for purposes of this section
regardless of the number of jurors who concur that the factor has been
established. A finding with respect to any aggravating factor must be
unanimous. If no aggravating factor set forth in section 3592 is found to
exist, the court shall impose a sentence other than death authorized by law.
"(e) Return of a Finding Concerning a Sentence of Death.--If, in the case
of--
"(1) an offense described in section 3591(a)(1), an aggravating
factor required to be considered under section 3592(b) is found to exist;
"(2) an offense described in section 3591(a)(2), an aggravating
factor required to be considered under section 3592(c) is found to exist;
or
"(3) an offense described in section 3591(b), an aggravating factor
required to be considered under section 3592(d) is found to exist,
the jury, or if there is no jury, the court, shall consider whether all the
aggravating factor or factors found to exist sufficiently outweigh all the
mitigating factor or factors found to exist to justify a sentence of death,
or, in the absence of a mitigating factor, whether the aggravating factor or
factors alone are sufficient to justify a sentence of death. Based upon this
consideration, the jury by unanimous vote, or if there is no jury, the court,
shall recommend whether the defendant should be sentenced to death, to life
imprisonment without possibility of release or some other lesser sentence.
"(f) Special Precaution To Ensure Against Discrimination.--In a hearing
held before a jury, the court, prior to the return of a finding under
subsection (e), shall instruct the jury that, in considering whether a
sentence of death is justified, it shall not consider the race, color,
religious beliefs, national origin, or sex of the defendant or of any victim
and that the jury is not to recommend a sentence of death unless it has
concluded that it would recommend a sentence of death for the crime in
question no matter what the race, color, religious beliefs, national origin,
or sex of the defendant or of any victim may be. The jury, upon return of a
finding under subsection (e), shall also return to the court a certificate,
signed by each juror, that consideration of the race, color, religious
beliefs, national origin, or sex of the defendant or any victim was not
involved in reaching his or her individual decision and that the individual
juror would have made the same recommendation regarding a sentence for the
crime in question no matter what the race, color, religious beliefs, national
origin, or sex of the defendant or any victim may be.
"Sec. 3594. Imposition of a sentence of death
"Upon a recommendation under section 3593(e) that the defendant should be
sentenced to death or life imprisonment without possibility of release, the
court shall sentence the defendant accordingly. Otherwise, the court shall
impose any lesser sentence that is authorized by law. Notwithstanding any
other law, if the maximum term of imprisonment for the offense is life
imprisonment, the court may impose a sentence of life imprisonment without
possibility of release.
"Sec. 3595. Review of a sentence of death
"(a) Appeal.--In a case in which a sentence of death is imposed, the
sentence shall be subject to review by the court of appeals upon appeal by
the defendant. Notice of appeal must be filed within the time specified for
the filing of a notice of appeal. An appeal under this section may be
consolidated with an appeal of the judgment of conviction and shall have
priority over all other cases.
"(b) Review.--The court of appeals shall review the entire record in the
case, including--
"(1) the evidence submitted during the trial;
"(2) the information submitted during the sentencing hearing;
"(3) the procedures employed in the sentencing hearing; and
"(4) the special findings returned under section 3593(d).
"(c) Decision and Disposition.--
"(1) The court of appeals shall address all substantive and
procedural issues raised on the appeal of a sentence of death, and shall
consider whether the sentence of death was imposed under the influence of
passion, prejudice, or any other arbitrary factor and whether the
evidence supports the special finding of the existence of an aggravating
factor required to be considered under section 3592.
"(2) Whenever the court of appeals finds that--
"(A) the sentence of death was imposed under the influence of
passion, prejudice, or any other arbitrary factor;
"(B) the admissible evidence and information adduced does not
support the special finding of the existence of the required
aggravating factor; or
"(C) the proceedings involved any other legal error requiring
reversal of the sentence that was properly preserved for appeal under
the rules of criminal procedure,
the court shall remand the case for reconsideration under section 3593 or
imposition of a sentence other than death. The court of appeals shall not
reverse or vacate a sentence of death on account of any error which can
be harmless, including any erroneous special finding of an aggravating
factor, where the Government establishes beyond a reasonable doubt that
the error was harmless.
"(3) The court of appeals shall state in writing the reasons for its
disposition of an appeal of a sentence of death under this section.
"Sec. 3596. Implementation of a sentence of death
"(a) In General.--A person who has been sentenced to death pursuant to
this chapter shall be committed to the custody of the Attorney General until
exhaustion of the procedures for appeal of the judgment of conviction and for
review of the sentence. When the sentence is to be implemented, the Attorney
General shall release the person sentenced to death to the custody of a
United States marshal, who shall supervise implementation of the sentence in
the manner prescribed by the law of the State in which the sentence is
imposed. If the law of the State does not provide for implementation of a
sentence of death, the court shall designate another State, the law of which
does provide for the implementation of a sentence of death, and the sentence
shall be implemented in the latter State in the manner prescribed by such
law.
"(b) Pregnant Woman.--A sentence of death shall not be carried out upon a
woman while she is pregnant.
"(c) Mental Capacity.--A sentence of death shall not be carried out upon
a person who is mentally retarded. A sentence of death shall not be carried
out upon a person who, as a result of mental disability, lacks the mental
capacity to understand the death penalty and why it was imposed on that
person.
"Sec. 3597. Use of State facilities
"(a) In General.--A United States marshal charged with supervising the
implementation of a sentence of death may use appropriate State or local
facilities for the purpose, may use the services of an appropriate State or
local official or of a person such an official employs for the purpose, and
shall pay the costs thereof in an amount approved by the Attorney General.
"(b) Excuse of an Employee on Moral or Religious Grounds.--No employee of
any State department of corrections, the United States Department of Justice,
the Federal Bureau of Prisons, or the United States Marshals Service, and no
employee providing services to that department, bureau, or service under
contract shall be required, as a condition of that employment or contractual
obligation, to be in attendance at or to participate in any prosecution or
execution under this section if such participation is contrary to the moral
or religious convictions of the employee. In this subsection, 'participation
in executions' includes personal preparation of the condemned individual and
the apparatus used for execution and supervision of the activities of other
personnel in carrying out such activities.
"Sec. 3598. Special provisions for Indian country
"Notwithstanding sections 1152 and 1153, no person subject to the
criminal jurisdiction of an Indian tribal government shall be subject to a
capital sentence under this chapter for any offense the Federal jurisdiction
for which is predicated solely on Indian country (as defined in section 1151
of this title) and which has occurred within the boundaries of Indian
country, unless the governing body of the tribe has elected that this chapter
have effect over land and persons subject to its criminal jurisdiction.".
(b) Technical Amendment.--The part analysis for part II of title 18,
United States Code, is amended by inserting after the item relating to
chapter 227 the following new item:
"228. Death sentence................................................. 3591".
SEC. 60003. SPECIFIC OFFENSES FOR WHICH DEATH PENALTY IS AUTHORIZED.
(a) Conforming Changes in Title 18.--Title 18, United States Code, is
amended as follows:
(1) Aircraft and motor vehicles.--Section 34 of title 18, United
States Code, is amended by striking the comma after "imprisonment for
life", inserting a period, and striking the remainder of the section.
(2) Espionage.--Section 794(a) of title 18, United States Code, is
amended by striking the period at the end of the section and inserting ",
except that the sentence of death shall not be imposed unless the jury
or, if there is no jury, the court, further finds that the offense
resulted in the identification by a foreign power (as defined in section
101(a) of the Foreign Intelligence Surveillance Act of 1978) of an
individual acting as an agent of the United States and consequently in
the death of that individual, or directly concerned nuclear weaponry,
military spacecraft or satellites, early warning systems, or other means
of defense or retaliation against large-scale attack; war plans;
communications intelligence or cryptographic information; or any other
major weapons system or major element of defense strategy.".
(3) Explosive materials.--(A) Section 844(d) of title 18, United
States Code, is amended by striking "as provided in section 34 of this
title".
(B) Section 844(f) of title 18, United States Code, is amended by
striking "as provided in section 34 of this title".
(C) Section 844(i) of title 18, United States Code, is amended by
striking "as provided in section 34 of this title".
(4) Murder.--The second undesignated paragraph of section 1111(b) of
title 18, United States Code, is amended to read as follows:
"Whoever is guilty of murder in the first degree shall be punished by
death or by imprisonment for life;".
(5) Killing of foreign official.--Section 1116(a) of title 18, United
States Code, is amended by striking "any such person who is found guilty
of murder in the first degree shall be sentenced to imprisonment for
life, and".
(6) Kidnapping.--Section 1201(a) of title 18, United States Code, is
amended by inserting after "or for life" the following: "and, if the
death of any person results, shall be punished by death or life
imprisonment".
(7) Nonmailable injurious articles.--The last paragraph of section
1716 of title 18, United States Code, is amended by striking the comma
after "imprisonment for life" and inserting a period and striking the
remainder of the paragraph.
(8) Wrecking trains.--The second to the last undesignated paragraph
of section 1992 of title 18, United States Code, is amended by striking
the comma after "imprisonment for life", inserting a period, and striking
the remainder of the section.
(9) Bank robbery.--Section 2113(e) of title 18, United States Code,
is amended by striking "or punished by death if the verdict of the jury
shall so direct" and inserting "or if death results shall be punished by
death or life imprisonment".
(10) Hostage taking.--Section 1203(a) of title 18, United States
Code, is amended by inserting after "or for life" the following: "and, if
the death of any person results, shall be punished by death or life
imprisonment".
(11) Murder for hire.--Section 1958 of title 18, United States Code,
is amended by striking "and if death results, shall be subject to
imprisonment for any term of years or for life, or shall be fined not
more than $50,000, or both" and inserting "and if death results, shall be
punished by death or life imprisonment, or shall be fined not more than
$250,000, or both".
(12) Racketeering.--Section 1959(a)(1) of title 18, United States
Code, is amended to read as follows:
"(1) for murder, by death or life imprisonment, or a fine of not more
than $250,000, or both; and for kidnapping, by imprisonment for any term
of years or for life, or a fine of not more than $250,000, or both;".
(13) Genocide.--Section 1091(b)(1) of title 18, United States Code,
is amended by striking "a fine of not more than $1,000,000 or
imprisonment for life," and inserting ", where death results, by death or
imprisonment for life and a fine of not more than $1,000,000, or both;".
(14) Carjacking.--Section 2119(3) of title 18, United States Code, is
amended by striking the period after "both" and inserting ", or sentenced
to death."; and by striking ", possessing a firearm as defined in section
921 of this title," and inserting ", with the intent to cause death or
serious bodily harm".
(b) Conforming Amendment to Federal Aviation Act of 1954.--Chapter 465 of
title 49, United States Code, is amended--
(1) in the chapter analysis by striking "Death penalty sentencing
procedure for aircraft piracy" and inserting "Repealed"; and
(2) by striking section 46503.
SEC. 60004. APPLICABILITY TO UNIFORM CODE OF MILITARY JUSTICE.
Chapter 228 of title 18, United States Code, as added by this title,
shall not apply to prosecutions under the Uniform Code of Military Justice
(10 U.S.C. 801).
SEC. 60005. DEATH PENALTY FOR MURDER BY A FEDERAL PRISONER.
(a) In General.--Chapter 51 of title 18, United States Code, is amended
by adding at the end the following new section:
"Sec. 1118. Murder by a Federal prisoner
"(a) Offense.--A person who, while confined in a Federal correctional
institution under a sentence for a term of life imprisonment, commits the
murder of another shall be punished by death or by life imprisonment.
"(b) Definitions.--In this section--
" 'Federal correctional institution' means any Federal prison,
Federal correctional facility, Federal community program center, or
Federal halfway house.
" 'murder' means a first degree or second degree murder (as defined
in section 1111).
" 'term of life imprisonment' means a sentence for the term of
natural life, a sentence commuted to natural life, an indeterminate term
of a minimum of at least fifteen years and a maximum of life, or an
unexecuted sentence of death.".
(b) Technical Amendment.--The chapter analysis for chapter 51 of title
18, United States Code, is amended by adding at the end the following new
item:
"1118. Murder by a Federal prisoner.".
SEC. 60006. DEATH PENALTY FOR CIVIL RIGHTS MURDERS.
(a) Conspiracy Against Rights.--Section 241 of title 18, United States
Code, is amended by striking the period at the end of the last sentence and
inserting ", or may be sentenced to death.".
(b) Deprivation of Rights Under Color of Law.--Section 242 of title 18,
United States Code, is amended by striking the period at the end of the last
sentence and inserting ", or may be sentenced to death.".
(c) Federally Protected Activities.--Section 245(b) of title 18, United
States Code, is amended in the matter following paragraph (5) by inserting ",
or may be sentenced to death" after "or for life".
(d) Damage to Religious Property; Obstruction of the Free Exercise of
Religious Rights.--Section 247(c)(1) of title 18, United States Code, is
amended by inserting ", or may be sentenced to death" after "or both".
SEC. 60007. DEATH PENALTY FOR THE MURDER OF FEDERAL LAW ENFORCEMENT
OFFICIALS.
Section 1114 of title 18, United States Code, is amended by striking
"punished as provided under sections 1111 and 1112 of this title," and
inserting "punished, in the case of murder, as provided under section 1111,
or, in the case of manslaughter, as provided under section 1112.".
SEC. 60008. NEW OFFENSE FOR THE INDISCRIMINATE USE OF WEAPONS TO FURTHER DRUG
CONSPIRACIES.
(a) Short Title.--This section may be cited as the "Drive-By Shooting
Prevention Act of 1994".
(b) In General.--Chapter 2 of title 18, United States Code, is amended by
adding at the end the following new section:
"Sec. 36. Drive-by shooting
"(a) Definition.--In this section, 'major drug offense' means--
"(1) a continuing criminal enterprise punishable under section 403(c)
of the Controlled Substances Act (21 U.S.C. 848(c));
"(2) a conspiracy to distribute controlled substances punishable
under section 406 of the Controlled Substances Act (21 U.S.C. 846)
section 1013 of the Controlled Substances Import and Export Control Act
(21 U.S.C. 963); or
"(3) an offense involving major quantities of drugs and punishable
under section 401(b)(1)(A) of the Controlled Substances Act (21 U.S.C.
841(b)(1)(A)) or section 1010(b)(1) of the Controlled Substances Import
and Export Act (21 U.S.C. 960(b)(1)).
"(b) Offense and Penalties.--(1) A person who, in furtherance or to
escape detection of a major drug offense and with the intent to intimidate,
harass, injure, or maim, fires a weapon into a group of two or more persons
and who, in the course of such conduct, causes grave risk to any human life
shall be punished by a term of no more than 25 years, by fine under this
title, or both.
"(2) A person who, in furtherance or to escape detection of a major drug
offense and with the intent to intimidate, harass, injure, or maim, fires a
weapon into a group of 2 or more persons and who, in the course of such
conduct, kills any person shall, if the killing--
"(A) is a first degree murder (as defined in section 1111(a)), be
punished by death or imprisonment for any term of years or for life,
fined under this title, or both; or
"(B) is a murder other than a first degree murder (as defined in
section 1111(a)), be fined under this title, imprisoned for any term of
years or for life, or both.".
(c) Technical Amendment.--The chapter analysis for chapter 2 of title 18,
United States Code, is amended by adding at the end the following new item:
"36. Drive-by shooting.".
SEC. 60009. FOREIGN MURDER OF UNITED STATES NATIONALS.
(a) In General.--Chapter 51 of title 18, United States Code, as amended
by section 60005(a), is amended by adding at the end the following new
section:
"Sec. 1119. Foreign murder of United States nationals
"(a) Definition.--In this section, 'national of the United States' has
the meaning stated in section 101(a)(22) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(22)).
"(b) Offense.--A person who, being a national of the United States, kills
or attempts to kill a national of the United States while such national is
outside the United States but within the jurisdiction of another country
shall be punished as provided under sections 1111, 1112, and 1113.
"(c) Limitations on Prosecution.--(1) No prosecution may be instituted
against any person under this section except upon the written approval of the
Attorney General, the Deputy Attorney General, or an Assistant Attorney
General, which function of approving prosecutions may not be delegated. No
prosecution shall be approved if prosecution has been previously undertaken
by a foreign country for the same conduct.
"(2) No prosecution shall be approved under this section unless the
Attorney General, in consultation with the Secretary of State, determines
that the conduct took place in a country in which the person is no longer
present, and the country lacks the ability to lawfully secure the person's
return. A determination by the Attorney General under this paragraph is not
subject to judicial review.".
(b) Technical Amendments.--(1) Section 1117 of title 18, United States
Code, is amended by striking "or 1116" and inserting "1116, or 1119".
(2) The chapter analysis for chapter 51 of title 18, United States Code,
as amended by section 60005(a), is amended by adding at the end the following
new item:
"1119. Foreign murder of United States nationals.".
SEC. 60010. DEATH PENALTY FOR RAPE AND CHILD MOLESTATION MURDERS.
(a) Offense.--Chapter 109A of title 18, United States Code, is amended--
(1) by redesignating section 2245 as section 2246; and
(2) by inserting after section 2244 the following new section:
"Sec. 2245. Sexual abuse resulting in death
"A person who, in the course of an offense under this chapter, engages in
conduct that results in the death of a person, shall be punished by death or
imprisoned for any term of years or for life.".
(b) Technical Amendments.--The chapter analysis for chapter 109A of title
18, United States Code, is amended by striking the item for section 2245 and
inserting the following:
"2245. Sexual abuse resulting in death.
"2246. Definitions for chapter.".
SEC. 60011. DEATH PENALTY FOR SEXUAL EXPLOITATION OF CHILDREN.
Section 2251(d) of title 18, United States Code, is amended by adding at
the end the following: "Whoever, in the course of an offense under this
section, engages in conduct that results in the death of a person, shall be
punished by death or imprisoned for any term of years or for life.".
SEC. 60012. MURDER BY ESCAPED PRISONERS.
(a) In General.--Chapter 51 of title 18, United States Code, as amended
by section 60009(a), is amended by adding at the end the following new
section:
"Sec. 1120. Murder by escaped prisoners
"(a) Definition.--In this section, 'Federal prison' and 'term of life
imprisonment' have the meanings stated in section 1118.
"(b) Offense and Penalty.--A person, having escaped from a Federal prison
where the person was confined under a sentence for a term of life
imprisonment, kills another shall be punished as provided in sections 1111
and 1112.".
(b) Technical Amendment.--The chapter analysis for chapter 51 of title
18, United States Code, as amended by section 60009(b)(2), is amended by
adding at the end the following new item:
"1120. Murder by escaped prisoners.".
SEC. 60013. DEATH PENALTY FOR GUN MURDERS DURING FEDERAL CRIMES OF VIOLENCE
AND DRUG TRAFFICKING CRIMES.
Section 924 of title 18, United States Code, is amended by adding at the
end the following new subsection:
"(i) A person who, in the course of a violation of subsection (c), causes
the death of a person through the use of a firearm, shall--
"(1) if the killing is a murder (as defined in section 1111), be
punished by death or by imprisonment for any term of years or for life;
and
"(2) if the killing is manslaughter (as defined in section 1112), be
punished as provided in that section.".
SEC. 60014. HOMICIDES AND ATTEMPTED HOMICIDES INVOLVING FIREARMS IN FEDERAL
FACILITIES.
Section 930 of title 18, United States Code, is amended--
(1) by redesignating subsections (c), (d), (e), and (f) as
subsections (d), (e), (f), and (g), respectively;
(2) in subsection (a) by striking "(c)" and inserting "(d)"; and
(3) by inserting after subsection (b) the following new subsection:
"(c) A person who kills or attempts to kill any person in the course of a
violation of subsection (a) or (b), or in the course of an attack on a
Federal facility involving the use of a firearm or other dangerous weapon,
shall be punished as provided in sections 1111, 1112, and 1113.".
SEC. 60015. DEATH PENALTY FOR THE MURDER OF STATE OR LOCAL OFFICIALS
ASSISTING FEDERAL LAW ENFORCEMENT OFFICIALS AND STATE
CORRECTIONAL OFFICERS.
(a) In General.--Chapter 51 of title 18, United States Code, as amended
by section 60012(a), is amended by adding at the end the following new
section:
"Sec. 1121. Killing persons aiding Federal investigations or State
correctional officers
"(a) Whoever intentionally kills--
"(1) a State or local official, law enforcement officer, or other
officer or employee while working with Federal law enforcement officials
in furtherance of a Federal criminal investigation--
"(A) while the victim is engaged in the performance of official
duties;
"(B) because of the performance of the victim's official duties;
or
"(C) because of the victim's status as a public servant; or
"(2) any person assisting a Federal criminal investigation, while
that assistance is being rendered and because of it,
shall be sentenced according to the terms of section 1111, including by
sentence of death or by imprisonment for life.
"(b)(1) Whoever, in a circumstance described in paragraph (3) of this
subsection, while incarcerated, intentionally kills any State correctional
officer engaged in, or on account of the performance of such officer's
official duties, shall be sentenced to a term of imprisonment which shall not
be less than 20 years, and may be sentenced to life imprisonment or death.
"(2) As used in this section, the term, 'State correctional officer'
includes any officer or employee of any prison, jail, or other detention
facility, operated by, or under contract to, either a State or local
governmental agency, whose job responsibilities include providing for the
custody of incarcerated individuals.
"(3) The circumstance referred to in paragraph (1) is that--
"(A) the correctional officer is engaged in transporting the
incarcerated person interstate; or
"(B) the incarcerated person is incarcerated pursuant to a conviction
for an offense against the United States.".
(b) Technical Amendment.--The chapter analysis for chapter 51 of title
18, United States Code, as amended by section 60012(b), is amended by adding
at the end the following new item:
"1121. Killing persons aiding Federal investigations or State correctional
officers.".
SEC. 60016. PROTECTION OF COURT OFFICERS AND JURORS.
Section 1503 of title 18, United States Code, is amended--
(1) by inserting "(a)" before "Whoever";
(2) by striking "fined not more than $5,000 or imprisoned not more
than five years, or both." and inserting "punished as provided in
subsection (b).";
(3) by adding at the end the following new subsection:
"(b) The punishment for an offense under this section is--
"(1) in the case of a killing, the punishment provided in sections
1111 and 1112;
"(2) in the case of an attempted killing, or a case in which the
offense was committed against a petit juror and in which a class A or B
felony was charged, imprisonment for not more than 20 years, a fine under
this title, or both; and
"(3) in any other case, imprisonment for not more than 10 years, a
fine under this title, or both."; and
(4) in subsection (a), as designated by paragraph (1), by striking
"commissioner" each place it appears and inserting "magistrate judge".
SEC. 60017. PROHIBITION OF RETALIATORY KILLINGS OF WITNESSES, VICTIMS, AND
INFORMANTS.
Section 1513 of title 18, United States Code, is amended--
(1) by redesignating subsections (a) and (b) as subsections (b) and
(c), respectively; and
(2) by inserting after the section heading the following new
subsection:
"(a)(1) Whoever kills or attempts to kill another person with intent to
retaliate against any person for--
"(A) the attendance of a witness or party at an official proceeding,
or any testimony given or any record, document, or other object produced
by a witness in an official proceeding; or
"(B) providing to a law enforcement officer any information relating
to the commission or possible commission of a Federal offense or a
violation of conditions of probation, parole, or release pending judicial
proceedings,
shall be punished as provided in paragraph (2).
"(2) The punishment for an offense under this subsection is--
"(A) in the case of a killing, the punishment provided in sections
1111 and 1112; and
"(B) in the case of an attempt, imprisonment for not more than 20
years.".
SEC. 60018. DEATH PENALTY FOR MURDER OF FEDERAL WITNESSES.
Section 1512(a)(2)(A) of title 18, United States Code, is amended to read
as follows:
"(A) in the case of murder (as defined in section 1111), the
death penalty or imprisonment for life, and in the case of any other
killing, the punishment provided in section 1112;".
SEC. 60019. OFFENSES OF VIOLENCE AGAINST MARITIME NAVIGATION OR FIXED
PLATFORMS.
(a) In General.--Chapter 111 of title 18, United States Code, is amended
by adding at the end the following new sections:
"Sec. 2280. Violence against maritime navigation
"(a) Offenses.--
"(1) In general.--A person who unlawfully and intentionally--
"(A) seizes or exercises control over a ship by force or threat
thereof or any other form of intimidation;
"(B) performs an act of violence against a person on board a ship
if that act is likely to endanger the safe navigation of that ship;
"(C) destroys a ship or causes damage to a ship or to its cargo
which is likely to endanger the safe navigation of that ship;
"(D) places or causes to be placed on a ship, by any means
whatsoever, a device or substance which is likely to destroy that
ship, or cause damage to that ship or its cargo which endangers or is
likely to endanger the safe navigation of that ship;
"(E) destroys or seriously damages maritime navigational
facilities or seriously interferes with their operation, if such act
is likely to endanger the safe navigation of a ship;
"(F) communicates information, knowing the information to be
false and under circumstances in which such information may
reasonably be believed, thereby endangering the safe navigation of a
ship;
"(G) injures or kills any person in connection with the
commission or the attempted commission of any of the offenses set
forth in subparagraphs (A) through (F); or
"(H) attempts to do any act prohibited under subparagraphs (A)
through (G),
shall be fined under this title, imprisoned not more than 20 years, or
both; and if the death of any person results from conduct prohibited by
this paragraph, shall be punished by death or imprisoned for any term of
years or for life.
"(2) Threat to navigation.--A person who threatens to do any act
prohibited under paragraph (1) (B), (C) or (E), with apparent
determination and will to carry the threat into execution, if the
threatened act is likely to endanger the safe navigation of the ship in
question, shall be fined under this title, imprisoned not more than 5
years, or both.
"(b) Jurisdiction.--There is jurisdiction over the activity prohibited in
subsection (a)--
"(1) in the case of a covered ship, if--
"(A) such activity is committed--
"(i) against or on board a ship flying the flag of the United
States at the time the prohibited activity is committed;
"(ii) in the United States and the activity is not prohibited
as a crime by the State in which the activity takes place; or
"(iii) the activity takes place on a ship flying the flag of
a foreign country or outside the United States, by a national of
the United States or by a stateless person whose habitual
residence is in the United States;
"(B) during the commission of such activity, a national of the
United States is seized, threatened, injured or killed; or
"(C) the offender is later found in the United States after such
activity is committed;
"(2) in the case of a ship navigating or scheduled to navigate solely
within the territorial sea or internal waters of a country other than the
United States, if the offender is later found in the United States after
such activity is committed; and
"(3) in the case of any vessel, if such activity is committed in an
attempt to compel the United States to do or abstain from doing any act.
"(c) Bar To Prosecution.--It is a bar to Federal prosecution under
subsection (a) for conduct that occurred within the United States that the
conduct involved was during or in relation to a labor dispute, and such
conduct is prohibited as a felony under the law of the State in which it was
committed. For purposes of this section, the term 'labor dispute' has the
meaning set forth in section 2(c) of the Norris-LaGuardia Act, as amended (29
U.S.C. 113(c)).
"(d) Delivery of Suspected Offender.--The master of a covered ship flying
the flag of the United States who has reasonable grounds to believe that
there is on board that ship any person who has committed an offense under
Article 3 of the Convention for the Suppression of Unlawful Acts Against the
Safety of Maritime Navigation may deliver such person to the authorities of a
State Party to that Convention. Before delivering such person to the
authorities of another country, the master shall notify in an appropriate
manner the Attorney General of the United States of the alleged offense and
await instructions from the Attorney General as to what action to take. When
delivering the person to a country which is a State Party to the Convention,
the master shall, whenever practicable, and if possible before entering the
territorial sea of such country, notify the authorities of such country of
the master's intention to deliver such person and the reasons therefor. If
the master delivers such person, the master shall furnish to the authorities
of such country the evidence in the master's possession that pertains to the
alleged offense.
"(e) Definitions.--In this section--
" 'covered ship' means a ship that is navigating or is scheduled to
navigate into, through or from waters beyond the outer limit of the
territorial sea of a single country or a lateral limit of that country's
territorial sea with an adjacent country.
" 'national of the United States' has the meaning stated in section
101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
" 'territorial sea of the United States' means all waters extending
seaward to 12 nautical miles from the baselines of the United States
determined in accordance with international law.
" 'ship' means a vessel of any type whatsoever not permanently
attached to the sea-bed, including dynamically supported craft,
submersibles or any other floating craft, but does not include a warship,
a ship owned or operated by a government when being used as a naval
auxiliary or for customs or police purposes, or a ship which has been
withdrawn from navigation or laid up.
" 'United States', when used in a geographical sense, includes the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands and all territories and possessions of the United States.
"Sec. 2281. Violence against maritime fixed platforms
"(a) Offenses.--
"(1) In general.--A person who unlawfully and intentionally--
"(A) seizes or exercises control over a fixed platform by force
or threat thereof or any other form of intimidation;
"(B) performs an act of violence against a person on board a
fixed platform if that act is likely to endanger its safety;
"(C) destroys a fixed platform or causes damage to it which is
likely to endanger its safety;
"(D) places or causes to be placed on a fixed platform, by any
means whatsoever, a device or substance which is likely to destroy
that fixed platform or likely to endanger its safety;
"(E) injures or kills any person in connection with the
commission or the attempted commission of any of the offenses set
forth in subparagraphs (A) through (D); or
"(F) attempts to do anything prohibited under subparagraphs (A)
through (E),
shall be fined under this title, imprisoned not more than 20 years, or
both; and if death results to any person from conduct prohibited by this
paragraph, shall be punished by death or imprisoned for any term of years
or for life.
"(2) Threat to safety.--A person who threatens to do anything
prohibited under paragraph (1) (B) or (C), with apparent determination
and will to carry the threat into execution, if the threatened act is
likely to endanger the safety of the fixed platform, shall be fined under
this title, imprisoned not more than 5 years, or both.
"(b) Jurisdiction.--There is jurisdiction over the activity prohibited in
subsection (a) if--
"(1) such activity is committed against or on board a fixed
platform--
"(A) that is located on the continental shelf of the United
States;
"(B) that is located on the continental shelf of another country,
by a national of the United States or by a stateless person whose
habitual residence is in the United States; or
"(C) in an attempt to compel the United States to do or abstain
from doing any act;
"(2) during the commission of such activity against or on board a
fixed platform located on a continental shelf, a national of the United
States is seized, threatened, injured or killed; or
"(3) such activity is committed against or on board a fixed platform
located outside the United States and beyond the continental shelf of the
United States and the offender is later found in the United States.
"(c) Bar To Prosecution.--It is a bar to Federal prosecution under
subsection (a) for conduct that occurred within the United States that the
conduct involved was during or in relation to a labor dispute, and such
conduct is prohibited as a felony under the law of the State in which it was
committed. For purposes of this section, the term 'labor dispute' has the
meaning set forth in section 2(c) of the Norris-LaGuardia Act, as amended (29
U.S.C. 113(c)).
"(d) Definitions.--In this section--
" 'continental shelf' means the sea-bed and subsoil of the submarine
areas that extend beyond a country's territorial sea to the limits
provided by customary international law as reflected in Article 76 of the
1982 Convention on the Law of the Sea.
" 'fixed platform' means an artificial island, installation or
structure permanently attached to the sea-bed for the purpose of
exploration or exploitation of resources or for other economic purposes.
" 'national of the United States' has the meaning stated in section
101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
" 'territorial sea of the United States' means all waters extending
seaward to 12 nautical miles from the baselines of the United States
determined in accordance with international law.
" 'United States', when used in a geographical sense, includes the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands and all territories and possessions of the United States.".
(b) Technical Amendment.--The chapter analysis for chapter 111 of title
18, United States Code, is amended by adding at the end the following new
items:
"2280. Violence against maritime navigation.
"2281. Violence against maritime fixed platforms.".
(c) Effective Dates.--This section and the amendments made by this
section shall take effect on the later of--
(1) the date of the enactment of this Act; or
(2)(A) in the case of section 2280 of title 18, United States Code,
the date the Convention for the Suppression of Unlawful Acts Against the
Safety of Maritime Navigation has come into force and the United States
has become a party to that Convention; and
(B) in the case of section 2281 of title 18, United States Code, the
date the Protocol for the Suppression of Unlawful Acts Against the Safety
of Fixed Platforms Located on the Continental Shelf has come into force
and the United States has become a party to that Protocol.
SEC. 60020. TORTURE.
Section 2340A(a) of title 18, United States Code, is amended by inserting
"punished by death or" before "imprisoned for any term of years or for
life.".
SEC. 60021. VIOLENCE AT AIRPORTS SERVING INTERNATIONAL CIVIL AVIATION.
(a) Offense.--Chapter 2 of title 18, United States Code, as amended by
section 60008(b), is amended by adding at the end the following new section:
"Sec. 37. Violence at international airports
"(a) Offense.--A person who unlawfully and intentionally, using any
device, substance, or weapon--
"(1) performs an act of violence against a person at an airport
serving international civil aviation that causes or is likely to cause
serious bodily injury (as defined in section 1365 of this title) or
death; or
"(2) destroys or seriously damages the facilities of an airport
serving international civil aviation or a civil aircraft not in service
located thereon or disrupts the services of the airport,
if such an act endangers or is likely to endanger safety at that airport, or
attempts to do such an act, shall be fined under this title, imprisoned not
more than 20 years, or both; and if the death of any person results from
conduct prohibited by this subsection, shall be punished by death or
imprisoned for any term of years or for life.
"(b) Jurisdiction.--There is jurisdiction over the prohibited activity in
subsection (a) if--
"(1) the prohibited activity takes place in the United States; or
"(2) the prohibited activity takes place outside the United States
and the offender is later found in the United States.
"(c) It is a bar to Federal persecution under subsection (a) for conduct
that occurred within the United States that the conduct involved was during
or in relation to a labor dispute, and such conduct is prohibited as a felony
under the law of the State in which it was committed. For purposes of this
section, the term 'labor dispute' has the meaning set forth in section 2(c)
of the Norris-LaGuardia Act, as amended (29 U.S.C. 113(c)).
(b) Technical Amendment.--The chapter analysis for chapter 2 of title 18,
United States Code, as amended by section 60008(c), is amended by adding at
the end the following new item:
"37. Violence at international airports.".
(c) Effective Date.--The amendment made by subsection (a) shall take
effect on the later of--
(1) the date of enactment of this Act; or
(2) the date on which the Protocol for the Suppression of Unlawful
Acts of Violence at Airports Serving International Civil Aviation,
Supplementary to the Convention for the Suppression of Unlawful Acts
Against the Safety of Civil Aviation, done at Montreal on 23 September
1971, has come into force and the United States has become a party to the
Protocol.
SEC. 60022. TERRORIST DEATH PENALTY ACT.
Section 2332(a)(1) of title 18, United States Code is amended to read as
follows:
"(1) if the killing is murder (as defined in section 1111(a)), be
fined under this title, punished by death or imprisonment for any term of
years or for life, or both;".
SEC. 60023. WEAPONS OF MASS DESTRUCTION.
(a) Offense.--Chapter 113A of title 18, United States Code, is amended by
inserting after section 2332 the following new section:
"Sec. 2332a. Use of weapons of mass destruction
"(a) Offense.--A person who uses, or attempts or conspires to use, a
weapon of mass destruction--
"(1) against a national of the United States while such national is
outside of the United States;
"(2) against any person within the United States; or
"(3) against any property that is owned, leased or used by the United
States or by any department or agency of the United States, whether the
property is within or outside of the United States,
shall be imprisoned for any term of years or for life, and if death results,
shall be punished by death or imprisoned for any term of years or for life.
"(b) Definitions.--For purposes of this section--
"(1) the term 'national of the United States' has the meaning given
in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)); and
"(2) the term 'weapon of mass destruction' means--
"(A) any destructive device as defined in section 921 of this
title;
"(B) poison gas;
"(C) any weapon involving a disease organism; or
"(D) any weapon that is designed to release radiation or
radioactivity at a level dangerous to human life.".
(b) Technical Amendment.--The chapter analysis for chapter 113A of title
18, United States Code, is amended by inserting after the item relating to
section 2332 the following:
"2332a. Use of weapons of mass destruction.".
SEC. 60024. ENHANCED PENALTIES FOR ALIEN SMUGGLING.
Section 274(a) of the Immigration and Nationality Act (8 U.S.C. 1324(a))
is amended--
(1) in paragraph (1)--
(A) by striking "(1) Any person" and inserting "(1)(A) Any
person";
(B) by striking "(A) knowing" and inserting "(i) knowing";
(C) by striking "(B) knowing" and inserting "(ii) knowing";
(D) by striking "(C) knowing" and inserting "(iii) knowing";
(E) by striking "(D) encourages" and inserting "(iv) encourages";
(F) by striking "shall be fined in accordance with title 18, or
imprisoned not more than five years, or both, for each alien in
respect to whom any violation of this paragraph occurs" and inserting
"shall be punished as provided in subparagraph (B)"; and
(G) by adding at the end the following new subparagraph:
"(B) A person who violates subparagraph (A) shall, for each alien in
respect to whom such a violation occurs--
"(i) in the case of a violation of subparagraph (A)(i), be fined
under title 18, United States Code, imprisoned not more than 10 years, or
both;
"(ii) in the case of a violation of subparagraph (A) (ii), (iii), or
(iv), be fined under title 18, United States Code, imprisoned not more
than 5 years, or both;
"(iii) in the case of a violation of subparagraph (A) (i), (ii),
(iii), or (iv) during and in relation to which the person causes serious
bodily injury (as defined in section 1365 of title 18, United States
Code) to, or places in jeopardy the life of, any person, be fined under
title 18, United States Code, imprisoned not more than 20 years, or both;
and
"(iv) in the case of a violation of subparagraph (A) (i), (ii),
(iii), or (iv) resulting in the death of any person, be punished by death
or imprisoned for any term of years or for life, fined under title 18,
United States Code, or both."; and
(2) in paragraph (2) by striking "or imprisoned not more than five
years, or both" and inserting "or in the case of a violation of
subparagraph (B)(ii), imprisoned not more than 10 years, or both; or in
the case of a violation of subparagraph (B)(i) or (B)(iii), imprisoned
not more than 5 years, or both.".
SEC. 60025. PROTECTION OF JURORS AND WITNESSES IN CAPITAL CASES.
Section 3432 of title 18, United States Code, is amended by inserting
before the period the following: ", except that such list of the veniremen
and witnesses need not be furnished if the court finds by a preponderance of
the evidence that providing the list may jeopardize the life or safety of any
person".
SEC. 60026. APPOINTMENT OF COUNSEL.
Section 3005 of title 18, United States Code, is amended by striking
"learned in the law" and all that follows through "He shall" and inserting ";
and the court before which the defendant is to be tried, or a judge thereof,
shall promptly, upon the defendant's request, assign 2 such counsel, of whom
at least 1 shall be learned in the law applicable to capital cases, and who
shall have free access to the accused at all reasonable hours. In assigning
counsel under this section, the court shall consider the recommendation of
the Federal Public Defender organization, or, if no such organization exists
in the district, of the Administrative Office of the United States Courts.
The defendant shall".
TITLE VII--MANDATORY LIFE IMPRISONMENT FOR PERSONS CONVICTED OF CERTAIN
FELONIES
SEC. 70001. MANDATORY LIFE IMPRISONMENT FOR PERSONS CONVICTED OF CERTAIN
FELONIES.
Section 3559 of title 18, United States Code, is amended--
(1) in subsection (b), by striking "An" and inserting "Except as
provided in subsection (c), an" in lieu thereof; and
(2) by adding the following new subsection at the end:
"(c) Imprisonment of Certain Violent Felons.--
"(1) Mandatory life imprisonment.--Notwithstanding any other
provision of law, a person who is convicted in a court of the United
States of a serious violent felony shall be sentenced to life
imprisonment if--
"(A) the person has been convicted (and those convictions have
become final) on separate prior occasions in a court of the United
States or of a State of--
"(i) 2 or more serious violent felonies; or
"(ii) one or more serious violent felonies and one or more
serious drug offenses; and
"(B) each serious violent felony or serious drug offense used as
a basis for sentencing under this subsection, other than the first,
was committed after the defendant's conviction of the preceding
serious violent felony or serious drug offense.
"(2) Definitions.--For purposes of this subsection--
"(A) the term 'assault with intent to commit rape' means an
offense that has as its elements engaging in physical contact with
another person or using or brandishing a weapon against another
person with intent to commit aggravated sexual abuse or sexual abuse
(as described in sections 2241 and 2242);
"(B) the term 'arson' means an offense that has as its elements
maliciously damaging or destroying any building, inhabited structure,
vehicle, vessel, or real property by means of fire or an explosive;
"(C) the term 'extortion' means an offense that has as its
elements the extraction of anything of value from another person by
threatening or placing that person in fear of injury to any person or
kidnapping of any person;
"(D) the term 'firearms use' means an offense that has as its
elements those described in section 924(c) or 929(a), if the firearm
was brandished, discharged, or otherwise used as a weapon and the
crime of violence or drug trafficking crime during and relation to
which the firearm was used was subject to prosecution in a court of
the United States or a court of a State, or both;
"(E) the term 'kidnapping' means an offense that has as its
elements the abduction, restraining, confining, or carrying away of
another person by force or threat of force;
"(F) the term 'serious violent felony' means--
"(i) a Federal or State offense, by whatever designation and
wherever committed, consisting of murder (as described in section
1111); manslaughter other than involuntary manslaughter (as
described in section 1112); assault with intent to commit murder
(as described in section 113(a)); assault with intent to commit
rape; aggravated sexual abuse and sexual abuse (as described in
sections 2241 and 2242); abusive sexual contact (as described in
sections 2244 (a)(1) and (a)(2)); kidnapping; aircraft piracy (as
described in section 46502 of Title 49); robbery (as described in
section 2111, 2113, or 2118); carjacking (as described in section
2119); extortion; arson; firearms use; or attempt, conspiracy, or
solicitation to commit any of the above offenses; and
"(ii) any other offense punishable by a maximum term of
imprisonment of 10 years or more that has as an element the use,
attempted use, or threatened use of physical force against the
person of another or that, by its nature, involves a substantial
risk that physical force against the person of another may be
used in the course of committing the offense;
"(G) the term 'State' means a State of the United States, the
District of Columbia, and a commonwealth, territory, or possession of
the United States; and
"(H) the term 'serious drug offense' means--
"(i) an offense that is punishable under section 401(b)(1)(A)
or 408 of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A),
848) or section 1010(b)(1)(A) of the Controlled Substances Import
and Export Act (21 U.S.C. 960(b)(1)(A)); or
"(ii) an offense under State law that, had the offense been
prosecuted in a court of the United States, would have been
punishable under section 401(b)(1)(A) or 408 of the Controlled
Substances Act (21 U.S.C. 841(b)(1)(A), 848) or section
1010(b)(1)(A) of the Controlled Substances Import and Export Act
(21 U.S.C. 960(b)(1)(A)).
"(3) Nonqualifying felonies.--
"(A) Robbery in certain cases.--Robbery, an attempt, conspiracy,
or solicitation to commit robbery; or an offense described in
paragraph (2)(F)(ii) shall not serve as a basis for sentencing under
this subsection if the defendant establishes by clear and convincing
evidence that--
"(i) no firearm or other dangerous weapon was used in the
offense and no threat of use of a firearm or other dangerous
weapon was involved in the offense; and
"(ii) the offense did not result in death or serious bodily
injury (as defined in section 1365) to any person.
"(B) Arson in certain cases.--Arson shall not serve as a basis
for sentencing under this subsection if the defendant establishes by
clear and convincing evidence that--
"(i) the offense posed no threat to human life; and
"(ii) the defendant reasonably believed the offense posed no
threat to human life.
"(4) Information filed by united states attorney.--The provisions of
section 411(a) of the Controlled Substances Act (21 U.S.C. 851(a)) shall
apply to the imposition of sentence under this subsection.
"(5) Rule of construction.--This subsection shall not be construed to
preclude imposition of the death penalty.
"(6) Special provision for indian country.--No person subject to the
criminal jurisdiction of an Indian tribal government shall be subject to
this subsection for any offense for which Federal jurisdiction is solely
predicated on Indian country (as defined in section 1151) and which
occurs within the boundaries of such Indian country unless the governing
body of the tribe has elected that this subsection have effect over land
and persons subject to the criminal jurisdiction of the tribe.
"(7) Resentencing upon overturning of prior conviction.--If the
conviction for a serious violent felony or serious drug offense that was
a basis for sentencing under this subsection is found, pursuant to any
appropriate State or Federal procedure, to be unconstitutional or is
vitiated on the explicit basis of innocence, or if the convicted person
is pardoned on the explicit basis of innocence, the person serving a
sentence imposed under this subsection shall be resentenced to any
sentence that was available at the time of the original sentencing.".
SEC. 70002. LIMITED GRANT OF AUTHORITY TO BUREAU OF PRISONS.
Section 3582(c)(1)(A) of title 18, United States Code, is amended--
(1) so that the margin of the matter starting with "extraordinary"
and ending with "reduction" the first place it appears is indented an
additional two ems;
(2) by inserting a one-em dash after "that" the second place it
appears;
(3) by inserting a semicolon after "reduction" the first place it
appears;
(4) by indenting the first line of the matter referred to in
paragraph (1) and designating that matter as clause (i); and
(5) by inserting after such matter the following:
"(ii) the defendant is at least 70 years of age, has served
at least 30 years in prison, pursuant to a sentence imposed under
section 3559(c), for the offense or offenses for which the
defendant is currently imprisoned, and a determination has been
made by the Director of the Bureau of Prisons that the defendant
is not a danger to the safety of any other person or the
community, as provided under section 3142(g);".
TITLE VIII--APPLICABILITY OF MANDATORY MINIMUM PENALTIES IN CERTAIN CASES
SEC. 80001. LIMITATION ON APPLICABILITY OF MANDATORY MINIMUM PENALTIES IN
CERTAIN CASES.
(a) In General.--Section 3553 of title 18, United States Code, is amended
by adding at the end the following new subsection:
"(f) Limitation on Applicability of Statutory Minimums in Certain
Cases.--Notwithstanding any other provision of law, in the case of an offense
under section 401, 404, or 406 of the Controlled Substances Act (21 U.S.C.
841, 844, 846) or section 1010 or 1013 of the Controlled Substances Import
and Export Act (21 U.S.C. 961, 963), the court shall impose a sentence
pursuant to guidelines promulgated by the United States Sentencing Commission
under section 994 of title 28 without regard to any statutory minimum
sentence, if the court finds at sentencing, after the Government has been
afforded the opportunity to make a recommendation, that--
"(1) the defendant does not have more than 1 criminal history point,
as determined under the sentencing guidelines;
"(2) the defendant did not use violence or credible threats of
violence or possess a firearm or other dangerous weapon (or induce
another participant to do so) in connection with the offense;
"(3) the offense did not result in death or serious bodily injury to
any person;
"(4) the defendant was not an organizer, leader, manager, or
supervisor of others in the offense, as determined under the sentencing
guidelines and was not engaged in a continuing criminal enterprise, as
defined in 21 U.S.C. 848; and
"(5) not later than the time of the sentencing hearing, the defendant
has truthfully provided to the Government all information and evidence
the defendant has concerning the offense or offenses that were part of
the same course of conduct or of a common scheme or plan, but the fact
that the defendant has no relevant or useful other information to provide
or that the Government is already aware of the information shall not
preclude a determination by the court that the defendant has complied
with this requirement.
(b) Sentencing Commission Authority.--
(1) In general.--(A) The United States Sentencing Commission
(referred to in this subsection as the "Commission"), under section
994(a)(1) and (p) of title 28--
(i) shall promulgate guidelines, or amendments to guidelines, to
carry out the purposes of this section and the amendment made by this
section; and
(ii) may promulgate policy statements, or amendments to policy
statements, to assist in the application of this section and that
amendment.
(B) In the case of a defendant for whom the statutorily required
minimum sentence is 5 years, such guidelines and amendments to guidelines
issued under subparagraph (A) shall call for a guideline range in which
the lowest term of imprisonment is at least 24 months.
(2) Procedures.--If the Commission determines that it is necessary to
do so in order that the amendments made under paragraph (1) may take
effect on the effective date of the amendment made by subsection (a), the
Commission may promulgate the amendments made under paragraph (1) in
accordance with the procedures set forth in section 21(a) of the
Sentencing Act of 1987, as though the authority under that section had
not expired.
(c) Effective Date and Application.--The amendment made by subsection (a)
shall apply to all sentences imposed on or after the 10th day beginning after
the date of enactment of this Act.
TITLE IX--DRUG CONTROL
Subtitle A--Enhanced Penalties and General Provisions
SEC. 90101. ENHANCEMENT OF PENALTIES FOR DRUG TRAFFICKING IN PRISONS.
Section 1791 of title 18, United States Code, is amended--
(1) in subsection (c), by inserting before "Any" the following new
sentence: "Any punishment imposed under subsection (b) for a violation of
this section involving a controlled substance shall be consecutive to any
other sentence imposed by any court for an offense involving such a
controlled substance.";
(2) in subsection (d)(1)(A), by inserting after "a firearm or
destructive device" the following: "or a controlled substance in schedule
I or II, other than marijuana or a controlled substance referred to in
subparagraph (C) of this subsection";
(3) in subsection (d)(1)(B), by inserting before "ammunition," the
following: "marijuana or a controlled substance in schedule III, other
than a controlled substance referred to in subparagraph (C) of this
subsection,";
(4) in subsection (d)(1)(C), by inserting "methamphetamine, its
salts, isomers, and salts of its isomers," after "a narcotic drug,";
(5) in subsection (d)(1)(D), by inserting "(A), (B), or" before
"(C)"; and
(6) in subsection (b), by striking "(c)" each place it appears and
inserting "(d)".
SEC. 90102. INCREASED PENALTIES FOR DRUG-DEALING IN "DRUG-FREE" ZONES.
Pursuant to its authority under section 994 of title 28, United States
Code, the United States Sentencing Commission shall amend its sentencing
guidelines to provide an appropriate enhancement for a defendant convicted of
violating section 419 of the Controlled Substances Act (21 U.S.C. 860).
SEC. 90103. ENHANCED PENALTIES FOR ILLEGAL DRUG USE IN FEDERAL PRISONS AND
FOR SMUGGLING DRUGS INTO FEDERAL PRISONS.
(a) Declaration of Policy.--It is the policy of the Federal Government
that the use or distribution of illegal drugs in the Nation's Federal prisons
will not be tolerated and that such crimes shall be prosecuted to the fullest
extent of the law.
(b) Sentencing Guidelines.--Pursuant to its authority under section 994
of title 28, United States Code, the United States Sentencing Commission
shall amend its sentencing guidelines to appropriately enhance the penalty
for a person convicted of an offense--
(1) under section 404 of the Controlled Substances Act involving
simple possession of a controlled substance within a Federal prison or
other Federal detention facility; or
(2) under section 401(b) of the Controlled Substances Act involving
the smuggling of a controlled substance into a Federal prison or other
Federal detention facility or the distribution or intended distribution
of a controlled substance within a Federal prison or other Federal
detention facility.
(c) No Probation.--Notwithstanding any other law, the court shall not
sentence a person convicted of an offense described in subsection (b) to
probation.
SEC. 90104. CLARIFICATION OF NARCOTIC OR OTHER DANGEROUS DRUGS UNDER RICO.
Section 1961(1) of title 18, United States Code, is amended by striking
"narcotic or other dangerous drugs" each place it appears and inserting "a
controlled substance or listed chemical (as defined in section 102 of the
Controlled Substances Act)".
SEC. 90105. CONFORMING AMENDMENTS TO RECIDIVIST PENALTY PROVISIONS OF THE
CONTROLLED SUBSTANCES ACT AND THE CONTROLLED SUBSTANCES IMPORT
AND EXPORT ACT.
(a) Sections 401(b)(1) (B), (C), and (D) of the Controlled Substances Act
(21 U.S.C. 841(b)(1) (B), (C), and (D)) and sections 1010(b) (1), (2), and
(3) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b) (1),
(2), and (3)) are each amended in the sentence or sentences beginning "If any
person commits" by striking "one or more prior convictions" through "have
become final" and inserting "a prior conviction for a felony drug offense has
become final".
(b) Section 1012(b) of the Controlled Substances Import and Export Act
(21 U.S.C. 962(b)) is amended by striking "one or more prior convictions of
him for a felony under any provision of this title or title II or other law
of a State, the United States, or a foreign country relating to narcotic
drugs, marihuana, or depressant or stimulant drugs, have become final" and
inserting "one or more prior convictions of such person for a felony drug
offense have become final".
(c) Section 401(b)(1)(A) of the Controlled Substances Act (21 U.S.C.
841(b)(1)(A)) is amended by striking the sentence beginning "For purposes of
this subparagraph, the term 'felony drug offense' means".
(d) Section 102 of the Controlled Substances Act (21 U.S.C. 802) is
amended by adding at the end the following new paragraph:
"(43) The term 'felony drug offense' means an offense that is punishable
by imprisonment for more than one year under any law of the United States or
of a State or foreign country that prohibits or restricts conduct relating to
narcotic drugs, marihuana, or depressant or stimulant substances.".
SEC. 90106. ADVERTISING.
Section 403 of the Controlled Substances Act (21 U.S.C. 843) is amended--
(1) by redesignating subsections (c) and (d) as subsections (d) and
(e), respectively; and
(2) by inserting after subsection (b) the following new subsection:
"(c) It shall be unlawful for any person to place in any newspaper,
magazine, handbill, or other publications, any written advertisement knowing
that it has the purpose of seeking or offering illegally to receive, buy, or
distribute a Schedule I controlled substance. As used in this section the
term 'advertisement' includes, in addition to its ordinary meaning, such
advertisements as those for a catalog of Schedule I controlled substances and
any similar written advertisement that has the purpose of seeking or offering
illegally to receive, buy, or distribute a Schedule I controlled substance.
The term 'advertisement' does not include material which merely advocates the
use of a similar material, which advocates a position or practice, and does
not attempt to propose or facilitate an actual transaction in a Schedule I
controlled substance.".
SEC. 90107. VIOLENT CRIME AND DRUG EMERGENCY AREAS.
(a) Definitions.--In this section--
"major violent crime or drug-related emergency" means an occasion or
instance in which violent crime, drug smuggling, drug trafficking, or
drug abuse violence reaches such levels, as determined by the President,
that Federal assistance is needed to supplement State and local efforts
and capabilities to save lives, and to protect property and public health
and safety.
"State" means a State, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and
the Northern Mariana Islands.
(b) Declaration of Violent Crime and Drug Emergency Areas.--If a major
violent crime or drug-related emergency exists throughout a State or a part
of a State, the President may declare the State or part of a State to be a
violent crime or drug emergency area and may take appropriate actions
authorized by this section.
(c) Procedure.--
(1) In general.--A request for a declaration designating an area to
be a violent crime or drug emergency area shall be made, in writing, by
the chief executive officer of a State or local government, respectively
(or in the case of the District of Columbia, the mayor), and shall be
forwarded to the Attorney General in such form as the Attorney General
may by regulation require. One or more cities, counties, States, or the
District of Columbia may submit a joint request for designation as a
major violent crime or drug emergency area under this subsection.
(2) Finding.--A request made under paragraph (1) shall be based on a
written finding that the major violent crime or drug-related emergency is
of such severity and magnitude that Federal assistance is necessary to
ensure an effective response to save lives and to protect property and
public health and safety.
(d) Irrelevancy of Population density.--The President shall not limit
declarations made under this section to highly populated centers of violent
crime or drug trafficking, drug smuggling, or drug use, but shall also
consider applications from governments of less populated areas where the
magnitude and severity of such activities is beyond the capability of the
State or local government to respond.
(e) Requirements.--As part of a request for a declaration under this
section, and as a prerequisite to Federal violent crime or drug emergency
assistance under this section, the chief executive officer of a State or
local government shall--
(1) take appropriate action under State or local law and furnish
information on the nature and amount of State and local resources that
have been or will be committed to alleviating the major violent crime- or
drug-related emergency;
(2) submit a detailed plan outlining that government's short- and
long-term plans to respond to the violent crime or drug emergency,
specifying the types and levels of Federal assistance requested and
including explicit goals (including quantitative goals) and timetables;
and
(3) specify how Federal assistance provided under this section is
intended to achieve those goals.
(f) Review Period.--The Attorney General shall review a request submitted
pursuant to this section, and the President shall decide whether to declare a
violent crime or drug emergency area, within 30 days after receiving the
request.
(g) Federal Assistance.--The President may--
(1) direct any Federal agency, with or without reimbursement, to
utilize its authorities and the resources granted to it under Federal law
(including personnel, equipment, supplies, facilities, financial
assistance, and managerial, technical, and advisory services) in support
of State and local assistance efforts; and
(2) provide technical and advisory assistance, including
communications support and law enforcement-related intelligence
information.
(h) Duration of Federal Assistance.--
(1) In general.--Federal assistance under this section shall not be
provided to a violent crime or drug emergency area for more than 1 year.
(2) Extension.--The chief executive officer of a jurisdiction may
apply to the President for an extension of assistance beyond 1 year. The
President may extend the provision of Federal assistance for not more
than an additional 180 days.
(i) Regulations.--Not later than 120 days after the date of enactment of
this Act, the Attorney General shall issue regulations to implement this
section.
(j) No Effect on Existing Authority.--Nothing in this section shall
diminish or detract from existing authority possessed by the President or
Attorney General.
Subtitle B--National Narcotics Leadership Act Amendments
SEC. 90201. IMPLEMENTATION OF NATIONAL DRUG CONTROL STRATEGY.
(a) Program Budget.--Section 1003(c) of the National Narcotics Leadership
Act of 1988 (21 U.S.C. 1502(c)) is amended--
(1) by redesignating paragraphs (5), (6), and (7), as paragraphs (6),
(7), and (8), respectively; and
(2) by inserting after paragraph (4) the following new paragraph:
"(5) The Director shall request the head of a department or agency to
include in the department's or agency's budget submission to the Office of
Management and Budget funding requests for specific initiatives that are
consistent with the President's priorities for the National Drug Control
Strategy and certifications made pursuant to paragraph (3), and the head of
the department or agency shall comply with such a request.".
(b) Budget Recommendation.--Section 1003(b) of the National Narcotics
Leadership Act of 1988 (21 U.S.C. 1502(b)) is amended--
(1) by striking "and" at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and inserting
"; and"; and
(3) by adding at the end the following new paragraph:
"(8) provide, by July 1 of each year, budget recommendations to the
heads of departments and agencies with responsibilities under the
National Drug Control Program, which recommendations shall apply to the
second following fiscal year and address funding priorities developed in
the annual National Drug Control Strategy.".
(c) Control of Drug-Related Resources.--Section 1003 of the National
Narcotics Leadership Act of 1988 (21 U.S.C. 1502) is amended--
(1) in subsection (d)--
(A) by amending paragraph (2) to read as follows:
"(2) request the head of a department or agency or program to place
department, agency, or program personnel who are engaged in drug control
activities on temporary detail to another department or agency in order
to implement the National Drug Control Strategy, and the head of the
department or agency shall comply with such a request;
(B) by striking "and" at the end of paragraph (6);
(C) by striking the period at the end of paragraph (7) and
inserting a semicolon; and
(D) by adding after paragraph (7) the following new paragraphs:
"(8) except to the extent that the Director's authority under this
paragraph is limited in an annual appropriations Act, transfer funds
appropriated to a National Drug Control Program agency account to a
different National Drug Control Program agency account in an amount that
does not exceed 2 percent of the amount appropriated to either account,
upon advance approval of the Committees on Appropriations of each House
of Congress; and
"(9) in order to ensure compliance with the National Drug Control
Program, issue to the head of a National Drug Control Program agency a
funds control notice described in subsection (f)."; and
(2) by adding at the end the following new subsections:
"(f) Funds Control Notices.--(1) A funds control notice may direct that
all or part of an amount appropriated to the National Drug Control Program
agency account be obligated by--
"(A) months, fiscal year quarters, or other time periods; and
"(B) activities, functions, projects, or object classes.
"(2) An officer or employee of a National Drug Control Program agency
shall not make or authorize an expenditure or obligation contrary to a funds
control notice issued by the Director.
"(3) In the case of a violation of paragraph (2) by an officer or
employee of a National Drug Control Program agency, the head of the agency,
upon the request of and in consultation with the Director, may subject the
officer or employee to appropriate administrative discipline, including, when
circumstances warrant, suspension from duty without pay or removal from
office.".
(d) Certification of Adequacy of Budget Request.--Section 1003(c)(3)(B)
of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1502(c)(3)(B)) is
amended--
(1) by inserting "in whole or in part" after "adequacy of such
request"; and
(2) by striking the semicolon at the end and inserting "and, with
respect to a request that is not certified as adequate to implement the
objectives of the National Drug Control Strategy, include in the
certification an initiative or funding level that would make the request
adequate;".
SEC. 90202. OFFICE PERSONNEL RESTRICTION.
Section 1003 of the National Narcotics Leadership Act of 1988 (21 U.S.C.
1502) is amended by adding at the end the following new subsection:
"(f) Prohibition on Political Campaigning.--A Federal officer in the
Office of National Drug Control Policy who is appointed by the President, by
and with the advice and consent of the Senate, may not participate in Federal
election campaign activities, except that such an official is not prohibited
by this subsection from making contributions to individual candidates.".
SEC. 90203. NATIONAL DRUG CONTROL STRATEGY OUTCOME MEASURES.
Section 1005(a) of the National Narcotics Leadership Act of 1988 (21
U.S.C. 1504(a)) is amended--
(1) in paragraph (2)(A) by inserting "and the consequences of drug
abuse" after "drug abuse"; and
(2) by amending paragraph (4) to read as follows:
"(4) The Director shall include with each National Drug Control
Strategy an evaluation of the effectiveness of Federal drug control
during the preceding year. The evaluation shall include an assessment of
Federal drug control efforts, including--
"(A) assessment of the reduction of drug use, including estimates
of drug prevalence and frequency of use as measured by national,
State, and local surveys of illicit drug use and by other special
studies of--
"(i) high-risk populations, including school dropouts, the
homeless and transient, arrestees, parolees, and probationers,
and juvenile delinquents; and
"(ii) drug use in the workplace and the productivity lost by
such use;
"(B) assessment of the reduction of drug availability, as
measured by--
"(i) the quantities of cocaine, heroin, and marijuana
available for consumption in the United States;
"(ii) the amount of cocaine and heroin entering the United
States;
"(iii) the number of hectares of poppy and coca cultivated
and destroyed;
"(iv) the number of metric tons of heroin and cocaine seized;
"(v) the number of cocaine processing labs destroyed;
"(vi) changes in the price and purity of heroin and cocaine;
"(vii) the amount and type of controlled substances diverted
from legitimate retail and wholesale sources; and
"(viii) the effectiveness of Federal technology programs at
improving drug detection capabilities at United States ports of
entry;
"(C) assessment of the reduction of the consequences of drug use
and availability, which shall include estimation of--
"(i) burdens drug users placed on hospital emergency rooms in
the United States, such as the quantity of drug-related services
provided;
"(ii) the annual national health care costs of drug use,
including costs associated with people becoming infected with the
human immunodeficiency virus and other communicable diseases as a
result of drug use;
"(iii) the extent of drug-related crime and criminal
activity; and
"(iv) the contribution of drugs to the underground economy,
as measured by the retail value of drugs sold in the United
States; and
"(D) determination of the status of drug treatment in the United
States, by assessing--
"(i) public and private treatment capacity within each State,
including information on the number of treatment slots available
in relation to the number actually used, including data on
intravenous drug users and pregnant women;
"(ii) the extent, within each State, to which treatment is
available, on demand, to intravenous drug users and pregnant
women;
"(iii) the number of drug users the Director estimates could
benefit from treatment; and
"(iv) the success of drug treatment programs, including an
assessment of the effectiveness of the mechanisms in place
federally, and within each State, to determine the relative
quality of substance abuse treatment programs, the qualifications
of treatment personnel, and the mechanism by which patients are
admitted to the most appropriate and cost effective treatment
setting.
"(5) The Director shall include with the National Drug Control
Strategy required to be submitted not later than February 1, 1995, and
with every second such strategy submitted thereafter--
"(A) an assessment of the quality of current drug use measurement
instruments and techniques to measure supply reduction and demand
reduction activities;
"(B) an assessment of the adequacy of the coverage of existing
national drug use measurement instruments and techniques to measure
the casual drug user population and groups at-risk for drug use;
"(C) an assessment of the actions the Director shall take to
correct any deficiencies and limitations identified pursuant to
subparagraphs (A) and (B); and
"(D) identification of the specific factors that restrict the
availability of treatment services to those seeking it and proposed
administrative or legislative remedies to make treatment available to
those individuals.
"(6) Federal agencies responsible for the collection or estimation of
drug-related information required by the Director shall cooperate with
the Director, to the fullest extent possible, to enable the Director to
satisfy the requirements of sections 4 and 5.
"(7) With each National Drug Control Strategy, the Director shall
report to the President and the Congress on the Director's assessment of
drug use and availability in the United States, including an estimate of
the effectiveness of interdiction, treatment, prevention, law
enforcement, and international programs under the National Drug Control
Strategy in effect in the preceding year in reducing drug use and
availability.".
SEC. 90204. COUNTER-DRUG TECHNOLOGY ASSESSMENT CENTER.
(a) Drug Abuse Addiction and Rehabilitation Center.--Section 1003A of the
National Narcotics Leadership Act of 1988 (21 U.S.C. 1502a(c)(1)) is
amended--
(1) by redesignating subparagraphs (B), (C), and (D) as subparagraphs
(C), (D), and (E), respectively; and
(2) by inserting after subparagraph (A) the following:
"(B) in consultation with the National Institute on Drug Abuse,
and through interagency agreements or grants, examine addiction and
rehabilitation research and the application of technology to
expanding the effectiveness or availability of drug treatment;".
(b) Assistance From the Advanced Research Project Agency.--Section 1003A
of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1502a) is amended
by adding at the end the following:
"(f) Assistance and Support to Office of National Drug Control Policy.--
The Director of the Advanced Research Project Agency shall, to the fullest
extent possible, render assistance and support to the Office of National Drug
Control Policy and its Director.".
(c) Repeal and Redesignation.--The National Narcotics Leadership Act of
1988 is amended by--
(1) repealing section 1008 (21 U.S.C. 1505), as in effect on the date
of the enactment of this Act;
(2) redesignating section 1003A, as amended by subsection (b) of this
section, as section 1008; and
(3) moving such section, as redesignated, so as to follow section
1007.
SEC. 90205. SPECIAL FORFEITURE FUND AMENDMENTS.
(a) Deposits Into Special Forfeiture Fund.--Section 6073 of the Asset
Forfeiture Amendments Act of 1988 (21 U.S.C. 1509) is amended to read as
follows:
"(b) Deposits.--There shall be deposited into the Fund the amounts
specified by section 524(c)(9) of title 28, United States Code, and section
9307(g) of title 31, United States Code, and any earnings on the investments
authorized by subsection (d).".
(b) Transfers From Department of Justice Assets Forfeiture Fund.--Section
524(c)(9) of title 28, United States Code, is amended by amending
subparagraphs (B), (C), and (D) to read as follows:
"(B) Subject to subparagraphs (C) and (D), at the end of each of
fiscal years 1994, 1995, 1996, and 1997, the Attorney General shall
transfer from the Fund not more than $100,000,000 to the Special
Forfeiture Fund established by section 6073 of the Anti-Drug Abuse
Act of 1988.
"(C) Transfers under subparagraph (B) may be made only from the
excess unobligated balance and may not exceed one-half of the excess
unobligated balance for any year. In addition, transfers under
subparagraph (B) may be made only to the extent that the sum of the
transfers in a fiscal year and one-half of the unobligated balance at
the beginning of that fiscal year for the Special Forfeiture Fund
does not exceed $100,000,000.
"(D) For the purpose of determining amounts available for
distribution at year end for any fiscal year, 'excess unobligated
balance' means the unobligated balance of the Fund generated by that
fiscal year's operations, less any amounts that are required to be
retained in the Fund to ensure the availability of amounts in the
subsequent fiscal year for purposes authorized under paragraph (1).".
(c) Transfers From Department of the Treasury Forfeiture Fund.-- Section
9703(g) of title 31, United States Code, is amended--
(1) in paragraph (3)--
(A) by amending subparagraph (A) to read as follows:
"(A) Subject to subparagraphs (B) and (C), at the end of each of
fiscal years 1994, 1995, 1996, and 1997, the Secretary shall transfer
from the Fund not more than $100,000,000 to the Special Forfeiture
Fund established by section 6073 of the Anti-Drug Abuse Act of
1988."; and
(B) in subparagraph (B) by adding the following at the end:
"Further, transfers under subparagraph (A) may not exceed one-half of
the excess unobligated balance for a year. In addition, transfers
under subparagraph (A) may be made only to the extent that the sum of
the transfers in a fiscal year and one-half of the unobligated
balance at the beginning of that fiscal year for the Special
Forfeiture Fund does not exceed $100,000,000."; and
(2) in subparagraph (4)(A)--
(A) in clause (i) by striking "(i)"; and
(B) by striking clause (ii).
(d) Surplus Funds.--Section 6073 of the Asset Forfeiture Amendments Act
of 1988 (21 U.S.C. 1509) is amended--
(1) by redesignating subsections (c), (d), (e), and (f), as
subsections (d), (e), (f), and (g), respectively; and
(2) by inserting after subsection (b) the following new subsection:
"(c) Super Surplus.--(1) Any unobligated balance up to $20,000,000
remaining in the Fund on September 30 of a fiscal year shall be available to
the Director, subject to paragraph (2), to transfer to, and for obligation
and expenditure in connection with drug control activities of, any Federal
agency or State or local entity with responsibilities under the National Drug
Control Strategy.
"(2) A transfer may be made under paragraph (1) only with the advance
written approval of the Committees on Appropriations of each House of
Congress.".
SEC. 90206. AUTHORIZATION OF APPROPRIATIONS.
Section 1011 of the National Narcotics Leadership Act of 1988 (21 U.S.C.
1508) is amended by striking "4" and inserting "8".
SEC. 90207. ADEQUATE STAFFING OF THE OFFICE OF NATIONAL DRUG CONTROL POLICY.
Section 1008(d)(1) of the National Narcotics Leadership Act of 1988 (21
U.S.C. 1502(d)(1)) is amended by striking "such" and inserting "up to 75 and
such additional".
SEC. 90208. TERMINATION OF OFFICE OF NATIONAL DRUG CONTROL POLICY.
(a) Reauthorization.--Section 1009 of the National Narcotics Leadership
Act of 1988 (21 U.S.C. 1506) is amended by striking "the date which is 5
years after the date of the enactment of this subtitle" and inserting
"September 30, 1997".
(b) Continued Effectiveness.--The National Narcotics Leadership Act of
1988 (21 U.S.C. 1501 et seq.) shall be considered not to have been repealed
by operation of section 1009 of that Act, but shall remain in effect as if
the amendment made by subsection (a) had been included in that Act on the
date of its enactment.
TITLE X--DRUNK DRIVING PROVISIONS
SEC. 100001. SHORT TITLE.
This title may be cited as the "Drunk Driving Child Protection Act of
1994".
SEC. 100002. STATE LAWS APPLIED IN AREAS OF FEDERAL JURISDICTION.
Section 13(b) of title 18, United States Code, is amended--
(1) by striking "For purposes" and inserting "(1) Subject to
paragraph (2) and for purposes"; and
(2) by adding at the end the following new paragraph:
"(2)(A) In addition to any term of imprisonment provided for operating a
motor vehicle under the influence of a drug or alcohol imposed under the law
of a State, territory, possession, or district, the punishment for such an
offense under this section shall include an additional term of imprisonment
of not more than 1 year, or if serious bodily injury of a minor is caused,
not more than 5 years, or if death of a minor is caused, not more than 10
years, and an additional fine of not more than $1,000, or both, if--
"(i) a minor (other than the offender) was present in the motor
vehicle when the offense was committed; and
"(ii) the law of the State, territory, possession, or district in
which the offense occurred does not provide an additional term of
imprisonment under the circumstances described in clause (i).
"(B) For the purposes of subparagraph (A), the term 'minor' means a
person less than 18 years of age.".
SEC. 100003. DRIVING WHILE INTOXICATED PROSECUTION PROGRAM.
Section 501(b) of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3751) is amended--
(1) by striking "and" at the end of paragraph (20);
(2) by striking the period at the end of paragraph (21) and inserting
"; and"; and
(3) by adding at the end the following new paragraph:
"(22) programs for the prosecution of driving while intoxicated
charges and the enforcement of other laws relating to alcohol use and the
operation of motor vehicles.".
TITLE XI--FIREARMS
Subtitle A--Assault Weapons
SEC. 110101. SHORT TITLE.
This subtitle may be cited as the "Public Safety and Recreational
Firearms Use Protection Act".
SEC. 110102. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION OF CERTAIN
SEMIAUTOMATIC ASSAULT WEAPONS.
(a) Restriction.--Section 922 of title 18, United States Code, is amended
by adding at the end the following new subsection:
"(v)(1) It shall be unlawful for a person to manufacture, transfer, or
possess a semiautomatic assault weapon.
"(2) Paragraph (1) shall not apply to the possession or transfer of any
semiautomatic assault weapon otherwise lawfully possessed under Federal law
on the date of the enactment of this subsection.
"(3) Paragraph (1) shall not apply to--
"(A) any of the firearms, or replicas or duplicates of the firearms,
specified in Appendix A to this section, as such firearms were
manufactured on October 1, 1993;
"(B) any firearm that--
"(i) is manually operated by bolt, pump, lever, or slide action;
"(ii) has been rendered permanently inoperable; or
"(iii) is an antique firearm;
"(C) any semiautomatic rifle that cannot accept a detachable magazine
that holds more than 5 rounds of ammunition; or
"(D) any semiautomatic shotgun that cannot hold more than 5 rounds of
ammunition in a fixed or detachable magazine.
The fact that a firearm is not listed in Appendix A shall not be construed to
mean that paragraph (1) applies to such firearm. No firearm exempted by this
subsection may be deleted from Appendix A so long as this subsection is in
effect.
"(4) Paragraph (1) shall not apply to--
"(A) the manufacture for, transfer to, or possession by the United
States or a department or agency of the United States or a State or a
department, agency, or political subdivision of a State, or a transfer to
or possession by a law enforcement officer employed by such an entity for
purposes of law enforcement (whether on or off duty);
"(B) the transfer to a licensee under title I of the Atomic Energy
Act of 1954 for purposes of establishing and maintaining an on-site
physical protection system and security organization required by Federal
law, or possession by an employee or contractor of such licensee on-site
for such purposes or off-site for purposes of licensee-authorized
training or transportation of nuclear materials;
"(C) the possession, by an individual who is retired from service
with a law enforcement agency and is not otherwise prohibited from
receiving a firearm, of a semiautomatic assault weapon transferred to the
individual by the agency upon such retirement; or
"(D) the manufacture, transfer, or possession of a semiautomatic
assault weapon by a licensed manufacturer or licensed importer for the
purposes of testing or experimentation authorized by the Secretary.".
(b) Definition of Semiautomatic Assault Weapon.--Section 921(a) of title
18, United States Code, is amended by adding at the end the following new
paragraph:
"(30) The term 'semiautomatic assault weapon' means--
"(A) any of the firearms, or copies or duplicates of the firearms in
any caliber, known as--
"(i) Norinco, Mitchell, and Poly Technologies Avtomat
Kalashnikovs (all models);
"(ii) Action Arms Israeli Military Industries UZI and Galil;
"(iii) Beretta Ar70 (SC-70);
"(iv) Colt AR-15;
"(v) Fabrique National FN/FAL, FN/LAR, and FNC;
"(vi) SWD M-10, M-11, M-11/9, and M-12;
"(vii) Steyr AUG;
"(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
"(ix) revolving cylinder shotguns, such as (or similar to) the
Street Sweeper and Striker 12;
"(B) a semiautomatic rifle that has an ability to accept a detachable
magazine and has at least 2 of--
"(i) a folding or telescoping stock;
"(ii) a pistol grip that protrudes conspicuously beneath the
action of the weapon;
"(iii) a bayonet mount;
"(iv) a flash suppressor or threaded barrel designed to
accommodate a flash suppressor; and
"(v) a grenade launcher;
"(C) a semiautomatic pistol that has an ability to accept a
detachable magazine and has at least 2 of--
"(i) an ammunition magazine that attaches to the pistol outside
of the pistol grip;
"(ii) a threaded barrel capable of accepting a barrel extender,
flash suppressor, forward handgrip, or silencer;
"(iii) a shroud that is attached to, or partially or completely
encircles, the barrel and that permits the shooter to hold the
firearm with the nontrigger hand without being burned;
"(iv) a manufactured weight of 50 ounces or more when the pistol
is unloaded; and
"(v) a semiautomatic version of an automatic firearm; and
"(D) a semiautomatic shotgun that has at least 2 of--
"(i) a folding or telescoping stock;
"(ii) a pistol grip that protrudes conspicuously beneath the
action of the weapon;
"(iii) a fixed magazine capacity in excess of 5 rounds; and
"(iv) an ability to accept a detachable magazine.".
(c) Penalties.--
(1) Violation of section 922(v).--Section 924(a)(1)(B) of such title
is amended by striking "or (q) of section 922" and inserting "(r), or (v)
of section 922".
(2) Use or possession during crime of violence or drug trafficking
crime.--Section 924(c)(1) of such title is amended in the first sentence
by inserting ", or semiautomatic assault weapon," after "short-barreled
shotgun,".
(d) Identification Markings for Semiautomatic Assault Weapons.--Section
923(i) of such title is amended by adding at the end the following: "The
serial number of any semiautomatic assault weapon manufactured after the date
of the enactment of this sentence shall clearly show the date on which the
weapon was manufactured.".
SEC. 110103. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES.
(a) Prohibition.--Section 922 of title 18, United States Code, as amended
by section 110102(a), is amended by adding at the end the following new
subsection:
"(w)(1) Except as provided in paragraph (2), it shall be unlawful for a
person to transfer or possess a large capacity ammunition feeding device.
"(2) Paragraph (1) shall not apply to the possession or transfer of any
large capacity ammunition feeding device otherwise lawfully possessed on or
before the date of the enactment of this subsection.
"(3) This subsection shall not apply to--
"(A) the manufacture for, transfer to, or possession by the United
States or a department or agency of the United States or a State or a
department, agency, or political subdivision of a State, or a transfer to
or possession by a law enforcement officer employed by such an entity for
purposes of law enforcement (whether on or off duty);
"(B) the transfer to a licensee under title I of the Atomic Energy
Act of 1954 for purposes of establishing and maintaining an on-site
physical protection system and security organization required by Federal
law, or possession by an employee or contractor of such licensee on-site
for such purposes or off-site for purposes of licensee-authorized
training or transportation of nuclear materials;
"(C) the possession, by an individual who is retired from service
with a law enforcement agency and is not otherwise prohibited from
receiving ammunition, of a large capacity ammunition feeding device
transferred to the individual by the agency upon such retirement; or
"(D) the manufacture, transfer, or possession of any large capacity
ammunition feeding device by a licensed manufacturer or licensed importer
for the purposes of testing or experimentation authorized by the
Secretary.
"(4) If a person charged with violating paragraph (1) asserts that
paragraph (1) does not apply to such person because of paragraph (2) or (3),
the Government shall have the burden of proof to show that such paragraph (1)
applies to such person. The lack of a serial number as described in section
923(i) of title 18, United States Code, shall be a presumption that the large
capacity ammunition feeding device is not subject to the prohibition of
possession in paragraph (1).".
(b) Definition of Large Capacity Ammunition Feeding Device.--Section
921(a) of title 18, United States Code, as amended by section 110102(b), is
amended by adding at the end the following new paragraph:
"(31) The term 'large capacity ammunition feeding device'--
"(A) means a magazine, belt, drum, feed strip, or similar device
manufactured after the date of enactment of the Violent Crime Control and
Law Enforcement Act of 1994 that has a capacity of, or that can be
readily restored or converted to accept, more than 10 rounds of
ammunition; but
"(B) does not include an attached tubular device designed to accept,
and capable of operating only with, .22 caliber rimfire ammunition.".
(c) Penalty.--Section 924(a)(1)(B) of title 18, United States Code, as
amended by section 110102(c)(1), is amended by striking "or (v)" and
inserting "(v), or (w)".
(d) Identification Markings for Large Capacity Ammunition Feeding
Devices.--Section 923(i) of title 18, United States Code, as amended by
section 110102(d) of this Act, is amended by adding at the end the following:
"A large capacity ammunition feeding device manufactured after the date of
the enactment of this sentence shall be identified by a serial number that
clearly shows that the device was manufactured or imported after the
effective date of this subsection, and such other identification as the
Secretary may by regulation prescribe.".
SEC. 110104. STUDY BY ATTORNEY GENERAL.
(a) Study.--The Attorney General shall investigate and study the effect
of this subtitle and the amendments made by this subtitle, and in particular
shall determine their impact, if any, on violent and drug trafficking crime.
The study shall be conducted over a period of 18 months, commencing 12 months
after the date of enactment of this Act.
(b) Report.--Not later than 30 months after the date of enactment of this
Act, the Attorney General shall prepare and submit to the Congress a report
setting forth in detail the findings and determinations made in the study
under subsection (a).
SEC. 110105. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle--
(1) shall take effect on the date of the enactment of this Act; and
(2) are repealed effective as of the date that is 10 years after that
date.
SEC. 110106. APPENDIX A TO SECTION 922 OF TITLE 18.
Section 922 of title 18, United States Code, is amended by adding at the
end the following appendix:
"APPENDIX A
Centerfire Rifles--Autoloaders
Browning BAR Mark II Safari Semi-Auto Rifle..........................
Browning BAR Mark II Safari Magnum Rifle.............................
Browning High-Power Rifle............................................
Heckler & Koch Model 300 Rifle.......................................
Iver Johnson M-1 Carbine.............................................
Iver Johnson 50th Anniversary M-1 Carbine............................
Marlin Model 9 Camp Carbine..........................................
Marlin Model 45 Carbine..............................................
Remington Nylon 66 Auto-Loading Rifle................................
Remington Model 7400 Auto Rifle......................................
Remington Model 7400 Rifle...........................................
Remington Model 7400 Special Purpose Auto Rifle......................
Ruger Mini-14 Autoloading Rifle (w/o folding stock)..................
Ruger Mini Thirty Rifle..............................................
Centerfire Rifles--Lever & Slide
Browning Model 81 BLR Lever-Action Rifle.............................
Browning Model 81 Long Action BLR....................................
Browning Model 1886 Lever-Action Carbine.............................
Browning Model 1886 High Grade Carbine...............................
Cimarron 1860 Henry Replica..........................................
Cimarron 1866 Winchester Replicas....................................
Cimarron 1873 Short Rifle............................................
Cimarron 1873 Sporting Rifle.........................................
Cimarron 1873 30" Express Rifle......................................
Dixie Engraved 1873 Rifle............................................
E.M.F. 1866 Yellowboy Lever Actions..................................
E.M.F. 1860 Henry Rifle..............................................
E.M.F. Model 73 Lever-Action Rifle...................................
Marlin Model 336CS Lever-Action Carbine..............................
Marlin Model 30AS Lever-Action Carbine...............................
Marlin Model 444SS Lever-Action Sporter..............................
Marlin Model 1894S Lever-Action Carbine..............................
Marlin Model 1894CS Carbine..........................................
Marlin Model 1894CL Classic..........................................
Marlin Model 1895SS Lever-Action Rifle...............................
Mitchell 1858 Henry Replica..........................................
Mitchell 1866 Winchester Replica.....................................
Mitchell 1873 Winchester Replica.....................................
Navy Arms Military Henry Rifle.......................................
Navy Arms Henry Trapper..............................................
Navy Arms Iron Frame Henry...........................................
Navy Arms Henry Carbine..............................................
Navy Arms 1866 Yellowboy Rifle.......................................
Navy Arms 1873 Winchester-Style Rifle................................
Navy Arms 1873 Sporting Rifle........................................
Remington 7600 Slide Action..........................................
Remington Model 7600 Special Purpose Slide Action....................
Rossi M92 SRC Saddle-Ring Carbine....................................
Rossi M92 SRS Short Carbine..........................................
Savage 99C Lever-Action Rifle........................................
Uberti Henry Rifle...................................................
Uberti 1866 Sporting Rilfe...........................................
Uberti 1873 Sporting Rifle...........................................
Winchester Model 94 Side Eject Lever-Action Rifle....................
Winchester Model 94 Trapper Side Eject...............................
Winchester Model 94 Big Bore Side Eject..............................
Winchester Model 94 Ranger Side Eject Lever-Action Rifle.............
Winchester Model 94 Wrangler Side Eject..............................
Centerfire Rifles--Bolt Action
Alpine Bolt-Action Rifle.............................................
A-Square Caesar Bolt-Action Rifle....................................
A-Square Hannibal Bolt-Action Rifle..................................
Anschutz 1700D Classic Rifles........................................
Anschutz 1700D Custom Rifles.........................................
Anschutz 1700D Bavarian Bolt-Action Rifle............................
Anschutz 1733D Mannlicher Rifle......................................
Barret Model 90 Bolt-Action Rifle....................................
Beeman/HW 60J Bolt-Action Rifle......................................
Blaser R84 Bolt-Action Rifle.........................................
BRNO 537 Sporter Bolt-Action Rifle...................................
BRNO ZKB 527 Fox Bolt-Action Rifle...................................
BRNO ZKK 600, 601, 602 Bolt-Action Rifles............................
Browning A-Bolt Rifle................................................
Browning A-Bolt Stainless Stalker....................................
Browning A-Bolt Left Hand............................................
Browning A-Bolt Short Action.........................................
Browning Euro-Bolt Rifle.............................................
Browning A-Bolt Gold Medallion.......................................
Browning A-Bolt Micro Medallion......................................
Century Centurion 14 Sporter.........................................
Century Enfield Sporter #4...........................................
Century Swedish Sporter #38..........................................
Century Mauser 98 Sporter............................................
Cooper Model 38 Centerfire Sporter...................................
Dakota 22 Sporter Bolt-Action Rifle..................................
Dakota 76 Classic Bolt-Action Rifle..................................
Dakota 76 Short Action Rifles........................................
Dakota 76 Safari Bolt-Action Rifle...................................
Dakota 416 Rigby African.............................................
E.A.A./Sabatti Rover 870 Bolt-Action Rifle...........................
Auguste Francotte Bolt-Action Rifles.................................
Carl Gustaf 2000 Bolt-Action Rifle...................................
Heym Magnum Express Series Rifle.....................................
Howa Lightning Bolt-Action Rifle.....................................
Howa Realtree Camo Rifle.............................................
Interarms Mark X Viscount Bolt-Action Rifle..........................
Interarms Mini-Mark X Rifle..........................................
Interarms Mark X Whitworth Bolt-Action Rifle.........................
Interarms Whitworth Express Rifle....................................
Iver Johnson Model 5100A1 Long-Range Rifle...........................
KDF K15 American Bolt-Action Rifle...................................
Krico Model 600 Bolt-Action Rifle....................................
Krico Model 700 Bolt-Action Rifles...................................
Mauser Model 66 Bolt-Action Rifle....................................
Mauser Model 99 Bolt-Action Rifle....................................
McMillan Signature Classic Sporter...................................
McMillan Signature Super Varminter...................................
McMillan Signature Alaskan...........................................
McMillan Signature Titanium Mountain Rifle...........................
McMillan Classic Stainless Sporter...................................
McMillan Talon Safari Rifle..........................................
McMillan Talon Sporter Rifle.........................................
Midland 1500S Survivor Rifle.........................................
Navy Arms TU-33/40 Carbine...........................................
Parker-Hale Model 81 Classic Rifle...................................
Parker-Hale Model 81 Classic African Rifle...........................
Parker-Hale Model 1000 Rifle.........................................
Parker-Hale Model 1100M African Magnum...............................
Parker-Hale Model 1100 Lightweight Rifle.............................
Parker-Hale Model 1200 Super Rifle...................................
Parker-Hale Model 1200 Super Clip Rifle..............................
Parker-Hale Model 1300C Scout Rifle..................................
Parker-Hale Model 2100 Midland Rifle.................................
Parker-Hale Model 2700 Lightweight Rifle.............................
Parker-Hale Model 2800 Midland Rifle.................................
Remington Model Seven Bolt-Action Rifle..............................
Remington Model Seven Youth Rifle....................................
Remington Model Seven Custom KS......................................
Remington Model Seven Custom MS Rifle................................
Remington 700 ADL Bolt-Action Rifle..................................
Remington 700 BDL Bolt-Action Rifle..................................
Remington 700 BDL Varmint Special....................................
Remington 700 BDL European Bolt-Action Rifle.........................
Remington 700 Varmint Synthetic Rifle................................
Remington 700 BDL SS Rifle...........................................
Remington 700 Stainless Synthetic Rifle..............................
Remington 700 MTRSS Rifle............................................
Remington 700 BDL Left Hand..........................................
Remington 700 Camo Synthetic Rifle...................................
Remington 700 Safari.................................................
Remington 700 Mountain Rifle.........................................
Remington 700 Custom KS Mountain Rifle...............................
Remington 700 Classic Rifle..........................................
Ruger M77 Mark II Rifle..............................................
Ruger M77 Mark II Magnum Rifle.......................................
Ruger M77RL Ultra Light..............................................
Ruger M77 Mark II All-Weather Stainless Rifle........................
Ruger M77 RSI International Carbine..................................
Ruger M77 Mark II Express Rifle......................................
Ruger M77VT Target Rifle.............................................
Sako Hunter Rifle....................................................
Sako Fiberclass Sporter..............................................
Sako Safari Grade Bolt Action........................................
Sako Hunter Left-Hand Rifle..........................................
Sako Classic Bolt Action.............................................
Sako Hunter LS Rifle.................................................
Sako Deluxe Lightweight..............................................
Sako Super Deluxe Sporter............................................
Sako Mannlicher-Style Carbine........................................
Sako Varmint Heavy Barrel............................................
Sako TRG-S Bolt-Action Rifle.........................................
Sauer 90 Bolt-Action Rifle...........................................
Savage 110G Bolt-Action Rifle........................................
Savage 110CY Youth/Ladies Rifle......................................
Savage 110WLE One of One Thousand Limited Edition Rifle..............
Savage 110GXP3 Bolt-Action Rifle.....................................
Savage 110F Bolt-Action Rifle........................................
Savage 110FXP3 Bolt-Action Rifle.....................................
Savage 110GV Varmint Rifle...........................................
Savage 112FV Varmint Rifle...........................................
Savage Model 112FVS Varmint Rifle....................................
Savage Model 112BV Heavy Barrel Varmint Rifle........................
Savage 116FSS Bolt-Action Rifle......................................
Savage Model 116FSK Kodiak Rifle.....................................
Savage 110FP Police Rifle............................................
Steyr-Mannlicher Sporter Models SL, L, M, S, S/T.....................
Steyr-Mannlicher Luxus Model L, M, S.................................
Steyr-Mannlicher Model M Professional Rifle..........................
Tikka Bolt-Action Rifle..............................................
Tikka Premium Grade Rifles...........................................
Tikka Varmint/Continental Rifle......................................
Tikka Whitetail/Battue Rifle.........................................
Ultra Light Arms Model 20 Rifle......................................
Ultra Light Arms Model 28, Model 40 Rifles...........................
Voere VEC 91 Lightning Bolt-Action Rifle.............................
Voere Model 2165 Bolt-Action Rifle...................................
Voere Model 2155, 2150 Bolt-Action Rifles............................
Weatherby Mark V Deluxe Bolt-Action Rifle............................
Weatherby Lasermark V Rifle..........................................
Weatherby Mark V Crown Custom Rifles.................................
Weatherby Mark V Sporter Rifle.......................................
Weatherby Mark V Safari Grade Custom Rifles..........................
Weatherby Weathermark Rifle..........................................
Weatherby Weathermark Alaskan Rifle..................................
Weatherby Classicmark No. 1 Rifle....................................
Weatherby Weatherguard Alaskan Rifle.................................
Weatherby Vanguard VGX Deluxe Rifle..................................
Weatherby Vanguard Classic Rifle.....................................
Weatherby Vanguard Classic No. 1 Rifle...............................
Weatherby Vanguard Weatherguard Rifle................................
Wichita Classic Rifle................................................
Wichita Varmint Rifle................................................
Winchester Model 70 Sporter..........................................
Winchester Model 70 Sporter WinTuff..................................
Winchester Model 70 SM Sporter.......................................
Winchester Model 70 Stainless Rifle..................................
Winchester Model 70 Varmint..........................................
Winchester Model 70 Synthetic Heavy Varmint Rifle....................
Winchester Model 70 DBM Rifle........................................
Winchester Model 70 DBM-S Rifle......................................
Winchester Model 70 Featherweight....................................
Winchester Model 70 Featherweight WinTuff............................
Winchester Model 70 Featherweight Classic............................
Winchester Model 70 Lightweight Rifle................................
Winchester Ranger Rifle..............................................
Winchester Model 70 Super Express Magnum.............................
Winchester Model 70 Super Grade......................................
Winchester Model 70 Custom Sharpshooter..............................
Winchester Model 70 Custom Sporting Sharpshooter Rifle...............
Centerfire Rifles--Single Shot
Armsport 1866 Sharps Rifle, Carbine..................................
Brown Model One Single Shot Rifle....................................
Browning Model 1885 Single Shot Rifle................................
Dakota Single Shot Rifle.............................................
Desert Industries G-90 Single Shot Rifle.............................
Harrington & Richardson Ultra Varmint Rifle..........................
Model 1885 High Wall Rifle...........................................
Navy Arms Rolling Block Buffalo Rifle................................
Navy Arms #2 Creedmoor Rifle.........................................
Navy Arms Sharps Cavalry Carbine.....................................
Navy Arms Sharps Plains Rifle........................................
New England Firearms Handi-Rifle.....................................
Red Willow Armory Ballard No. 5 Pacific..............................
Red Willow Armory Ballard No. 1.5 Hunting Rifle......................
Red Willow Armory Ballard No. 8 Union Hill Rifle.....................
Red Willow Armory Ballard No. 4.5 Target Rifle.......................
Remington-Style Rolling Block Carbine................................
Ruger No. 1B Single Shot.............................................
Ruger No. 1A Light Sporter...........................................
Ruger No. 1H Tropical Rifle..........................................
Ruger No. 1S Medium Sporter..........................................
Ruger No. 1 RSI International........................................
Ruger No. 1V Special Varminter.......................................
C. Sharps Arms New Model 1874 Old Reliable...........................
C. Sharps Arms New Model 1875 Rifle..................................
C. Sharps Arms 1875 Classic Sharps...................................
C. Sharps Arms New Model 1875 Target & Long Range....................
Shiloh Sharps 1874 Long Range Express................................
Shiloh Sharps 1874 Montana Roughrider................................
Shiloh Sharps 1874 Military Carbine..................................
Shiloh Sharps 1874 Business Rifle....................................
Shiloh Sharps 1874 Military Rifle....................................
Sharps 1874 Old Reliable.............................................
Thompson/Center Contender Carbine....................................
Thompson/Center Stainless Contender Carbine..........................
Thompson/Center Contender Carbine Survival System....................
Thompson/Center Contender Carbine Youth Model........................
Thompson/Center TCR '87 Single Shot Rifle............................
Uberti Rolling Block Baby Carbine....................................
Drillings, Combination Guns, Double Rifles
Beretta Express SSO O/U Double Rifles................................
Beretta Model 455 SxS Express Rifle..................................
Chapuis RGExpress Double Rifle.......................................
Auguste Francotte Sidelock Double Rifles.............................
Auguste Francotte Boxlock Double Rifle...............................
Heym Model 55B O/U Double Rifle......................................
Heym Model 55FW O/U Combo Gun........................................
Heym Model 88b Side-by-Side Double Rifle.............................
Kodiak Mk. IV Double Rifle...........................................
Kreighoff Teck O/U Combination Gun...................................
Kreighoff Trumpf Drilling............................................
Merkel Over/Under Combination Guns...................................
Merkel Drillings.....................................................
Merkel Model 160 Side-by-Side Double Rifles..........................
Merkel Over/Under Double Rifles......................................
Savage 24F O/U Combination Gun.......................................
Savage 24F-12T Turkey Gun............................................
Springfield Inc. M6 Scout Rifle/Shotgun..............................
Tikka Model 412s Combination Gun.....................................
Tikka Model 412S Double Fire.........................................
A. Zoli Rifle-Shotgun O/U Combo......................................
Rimfire Rifles--Autoloaders
AMT Lightning 25/22 Rifle............................................
AMT Lightning Small-Game Hunting Rifle II............................
AMT Magnum Hunter Auto Rifle.........................................
Anschutz 525 Deluxe Auto.............................................
Armscor Model 20P Auto Rifle.........................................
Browning Auto-22 Rifle...............................................
Browning Auto-22 Grade VI............................................
Krico Model 260 Auto Rifle...........................................
Lakefield Arms Model 64B Auto Rifle..................................
Marlin Model 60 Self-Loading Rifle...................................
Marlin Model 60ss Self-Loading Rifle.................................
Marlin Model 70 HC Auto..............................................
Marlin Model 990l Self-Loading Rifle.................................
Marlin Model 70P Papoose.............................................
Marlin Model 922 Magnum Self-Loading Rifle...........................
Marlin Model 995 Self-Loading Rifle..................................
Norinco Model 22 ATD Rifle...........................................
Remington Model 522 Viper Autoloading Rifle..........................
Remington 552BDL Speedmaster Rifle...................................
Ruger 10/22 Autoloading Carbine (w/o folding stock)..................
Survival Arms AR-7 Explorer Rifle....................................
Texas Remington Revolving Carbine....................................
Voere Model 2115 Auto Rifle..........................................
Rimfire Rifles--Lever & Slide Action
Browning BL-22 Lever-Action Rifle....................................
Marlin 39TDS Carbine.................................................
Marlin Model 39AS Golden Lever-Action Rifle..........................
Remington 572BDL Fieldmaster Pump Rifle..............................
Norinco EM-321 Pump Rifle............................................
Rossi Model 62 SA Pump Rifle.........................................
Rossi Model 62 SAC Carbine...........................................
Winchester Model 9422 Lever-Action Rifle.............................
Winchester Model 9422 Magnum Lever-Action Rifle......................
Rimfire Rifles--Bolt Actions & Single Shots
Anschutz Achiever Bolt-Action Rifle..................................
Anschutz 1416D/1516D Classic Rifles..................................
Anschutz 1418D/1518D Mannlicher Rifles...............................
Anschutz 1700D Classic Rifles........................................
Anschutz 1700D Custom Rifles.........................................
Anschutz 1700 FWT Bolt-Action Rifle..................................
Anschutz 1700D Graphite Custom Rifle.................................
Anschutz 1700D Bavarian Bolt-Action Rifle............................
Armscor Model 14P Bolt-Action Rifle..................................
Armscor Model 1500 Rifle.............................................
BRNO ZKM-452 Deluxe Bolt-Action Rifle................................
BRNO ZKM 452 Deluxe..................................................
Beeman/HW 60-J-ST Bolt-Action Rifle..................................
Browning A-Bolt 22 Bolt-Action Rifle.................................
Browning A-Bolt Gold Medallion.......................................
Cabanas Phaser Rifle.................................................
Cabanas Master Bolt-Action Rifle.....................................
Cabanas Espronceda IV Bolt-Action Rifle..............................
Cabanas Leyre Bolt-Action Rifle......................................
Chipmunk Single Shot Rifle...........................................
Cooper Arms Model 36S Sporter Rifle..................................
Dakota 22 Sporter Bolt-Action Rifle..................................
Krico Model 300 Bolt-Action Rifles...................................
Lakefield Arms Mark II Bolt-Action Rifle.............................
Lakefield Arms Mark I Bolt-Action Rifle..............................
Magtech Model MT-22C Bolt-Action Rifle...............................
Marlin Model 880 Bolt-Action Rifle...................................
Marlin Model 881 Bolt-Action Rifle...................................
Marlin Model 882 Bolt-Action Rifle...................................
Marlin Model 883 Bolt-Action Rifle...................................
Marlin Model 883SS Bolt-Action Rifle.................................
Marlin Model 25MN Bolt-Action Rifle..................................
Marlin Model 25N Bolt-Action Repeater................................
Marlin Model 15YN "Little Buckaroo"..................................
Mauser Model 107 Bolt-Action Rifle...................................
Mauser Model 201 Bolt-Action Rifle...................................
Navy Arms TU-KKW Training Rifle......................................
Navy Arms TU-33/40 Carbine...........................................
Navy Arms TU-KKW Sniper Trainer......................................
Norinco JW-27 Bolt-Action Rifle......................................
Norinco JW-15 Bolt-Action Rifle......................................
Remington 541-T......................................................
Remington 40-XR Rimfire Custom sporter...............................
Remington 541-T HB Bolt-Action Rifle.................................
Remington 581-S Sportsman Rifle......................................
Ruger 77/22 Rimfire Bolt-Action Rifle................................
Ruger K77/22 Varmint Rifle...........................................
Ultra Light Arms Model 20 RF Bolt-Action Rifle.......................
Winchester Model 52B Sporting Rifle..................................
Competition Rifles--Centerfire & Rimfire
Anschutz 64-MS Left Silhouette.......................................
Anschutz 1808D RT Super Match 54 Target..............................
Anschutz 1827B Biathlon Rifle........................................
Anschutz 1903D Match Rifle...........................................
Anschutz 1803D Intermediate Match....................................
Anschutz 1911 Match Rifle............................................
Anschutz 54.18MS REP Deluxe Silhouette Rifle.........................
Anschutz 1913 Super Match Rifle......................................
Anschutz 1907 Match Rifle............................................
Anschutz 1910 Super Match II.........................................
Anschutz 54.18MS Silhouette Rifle....................................
Anschutz Super Match 54 Target Model 2013............................
Anschutz Super Match 54 Target Model 2007............................
Beeman/Feinwerkbau 2600 Target Rifle.................................
Cooper Arms Model TRP-1 ISU Standard Rifle...........................
E.A.A./Weihrauch HW 60 Target Rifle..................................
E.A.A./HW 660 Match Rifle............................................
Finnish Lion Standard Target Rifle...................................
Krico Model 360 S2 Biathlon Rifle....................................
Krico Model 400 Match Rifle..........................................
Krico Model 360S Biathlon Rifle......................................
Krico Model 500 Kricotronic Match Rifle..............................
Krico Model 600 Sniper Rifle.........................................
Krico Model 600 Match Rifle..........................................
Lakefield Arms Model 90B Target Rifle................................
Lakefield Arms Model 91T Target Rifle................................
Lakefield Arms Model 92S Silhouette Rifle............................
Marlin Model 2000 Target Rifle.......................................
Mauser Model 86-SR Specialty Rifle...................................
McMillan M-86 Sniper Rifle...........................................
McMillan Combo M-87/M-88 50-Caliber Rifle............................
McMillan 300 Phoenix Long Range Rifle................................
McMillan M-89 Sniper Rifle...........................................
McMillan National Match Rifle........................................
McMillan Long Range Rifle............................................
Parker-Hale M-87 Target Rifle........................................
Parker-Hale M-85 Sniper Rifle........................................
Remington 40-XB Rangemaster Target Centerfire........................
Remington 40-XR KS Rimfire Position Rifle............................
Remington 40-XBBR KS.................................................
Remington 40-XC KS National Match Course Rifle.......................
Sako TRG-21 Bolt-Action Rifle........................................
Steyr-Mannlicher Match SPG-UIT Rifle.................................
Steyr-Mannlicher SSG P-I Rifle.......................................
Steyr-Mannlicher SSG P-III Rifle.....................................
Steyr-Mannlicher SSG P-IV Rifle......................................
Tanner Standard UIT Rifle............................................
Tanner 50 Meter Free Rifle...........................................
Tanner 300 Meter Free Rifle..........................................
Wichita Silhouette Rifle.............................................
Shotguns--Autoloaders
American Arms/Franchi Black Magic 48/AL..............................
Benelli Super Black Eagle Shotgun....................................
Benelli Super Black Eagle Slug Gun...................................
Benelli M1 Super 90 Field Auto Shotgun...............................
Benelli Montefeltro Super 90 20-Gauge Shotgun........................
Benelli Montefeltro Super 90 Shotgun.................................
Benelli M1 Sporting Special Auto Shotgun.............................
Benelli Black Eagle Competition Auto Shotgun.........................
Beretta A-303 Auto Shotgun...........................................
Beretta 390 Field Auto Shotgun.......................................
Beretta 390 Super Trap, Super Skeet Shotguns.........................
Beretta Vittoria Auto Shotgun........................................
Beretta Model 1201F Auto Shotgun.....................................
Browning BSA 10 Auto Shotgun.........................................
Browning BSA 10 Stalker Auto Shotgun.................................
Browning A-500R Auto Shotgun.........................................
Browning A-500G Auto Shotgun.........................................
Browning A-500G Sporting Clays.......................................
Browning Auto-5 Light 12 and 20......................................
Browning Auto-5 Stalker..............................................
Browning Auto-5 Magnum 20............................................
Browning Auto-5 Magnum 12............................................
Churchill Turkey Automatic Shotgun...................................
Cosmi Automatic Shotgun..............................................
Maverick Model 60 Auto Shotgun.......................................
Mossberg Model 5500 Shotgun..........................................
Mossberg Model 9200 Regal Semi-Auto Shotgun..........................
Mossberg Model 9200 USST Auto Shotgun................................
Mossberg Model 9200 Camo Shotgun.....................................
Mossberg Model 6000 Auto Shotgun.....................................
Remington Model 1100 Shotgun.........................................
Remington 11-87 Premier Shotgun......................................
Remington 11-87 Sporting Clays.......................................
Remington 11-87 Premier Skeet........................................
Remington 11-87 Premier Trap.........................................
Remington 11-87 Special Purpose Magnum...............................
Remington 11-87 SPS-T Camo Auto Shotgun..............................
Remington 11-87 Special Purpose Deer Gun.............................
Remington 11-87 SPS-BG-Camo Deer/Turkey Shotgun......................
Remington 11-87 SPS-Deer Shotgun.....................................
Remington 11-87 Special Purpose Synthetic Camo.......................
Remington SP-10 Magnum-Camo Auto Shotgun.............................
Remington SP-10 Magnum Auto Shotgun..................................
Remington SP-10 Magnum Turkey Combo..................................
Remington 1100 LT-20 Auto............................................
Remington 1100 Special Field.........................................
Remington 1100 20-Gauge Deer Gun.....................................
Remington 1100 LT-20 Tournament Skeet................................
Winchester Model 1400 Semi-Auto Shotgun..............................
Shotguns--Slide Actions
Browning Model 42 Pump Shotgun.......................................
Browning BPS Pump Shotgun............................................
Browning BPS Stalker Pump Shotgun....................................
Browning BPS Pigeon Grade Pump Shotgun...............................
Browning BPS pump Shotgun (Ladies and Youth Model)...................
Browning BPS Game Gun Turkey Special.................................
Browning BPS Game Gun Deer Special...................................
Ithaca Model 87 Supreme Pump Shotgun.................................
Ithaca Model 87 Deerslayer Shotgun...................................
Ithaca Deerslayer II Rifled Shotgun..................................
Ithaca Model 87 Turkey Gun...........................................
Ithaca Model 87 Deluxe Pump Shotgun..................................
Magtech Model 586-VR Pump Shotgun....................................
Maverick Models 88, 91 Pump Shotguns.................................
Mossberg Model 500 Sporting Pump.....................................
Mossberg Model 500 Camo Pump.........................................
Mossberg Model 500 Muzzleloader Combo................................
Mossberg Model 500 Trophy Slugster...................................
Mossberg Turkey Model 500 Pump.......................................
Mossberg Model 500 Bantam Pump.......................................
Mossberg Field Grade Model 835 Pump Shotgun..........................
Mossberg Model 835 Regal Ulti-Mag Pump...............................
Remington 870 Wingmaster.............................................
Remington 870 Special Purpose Deer Gun...............................
Remington 870 SPS-BG-Camo Deer/Turkey Shotgun........................
Remington 870 SPS-Deer Shotgun.......................................
Remington 870 Marine Magnum..........................................
Remington 870 TC Trap................................................
Remington 870 Special Purpose Synthetic Camo.........................
Remington 870 Wingmaster Small Gauges................................
Remington 870 Express Rifle Sighted Deer Gun.........................
Remington 879 SPS Special Purpose Magnum.............................
Remington 870 SPS-T Camo Pump Shotgun................................
Remington 870 Special Field..........................................
Remington 870 Express Turkey.........................................
Remington 870 High Grades............................................
Remington 870 Express................................................
Remington Model 870 Express Youth Gun................................
Winchester Model 12 Pump Shotgun.....................................
Winchester Model 42 High Grade Shotgun...............................
Winchester Model 1300 Walnut Pump....................................
Winchester Model 1300 Slug Hunter Deer Gun...........................
Winchester Model 1300 Ranger Pump Gun Combo & Deer Gun...............
Winchester Model 1300 Turkey Gun.....................................
Winchester Model 1300 Ranger Pump Gun................................
Shotguns--Over/Unders
American Arms/Franchi Falconet 2000 O/U..............................
American Arms Silver I O/U...........................................
American Arms Silver II Shotgun......................................
American Arms Silver Skeet O/U.......................................
American Arms/Franchi Sporting 2000 O/U..............................
American Arms Silver Sporting O/U....................................
American Arms Silver Trap O/U........................................
American Arms WS/OU 12, TS/OU 12 Shotguns............................
American Arms WT/OU 10 Shotgun.......................................
Armsport 2700 O/U Goose Gun..........................................
Armsport 2700 Series O/U.............................................
Armsport 2900 Tri-Barrel Shotgun.....................................
Baby Bretton Over/Under Shotgun......................................
Beretta Model 686 Ultralight O/U.....................................
Beretta ASE 90 Competition O/U Shotgun...............................
Beretta Over/Under Field Shotguns....................................
Beretta Onyx Hunter Sport O/U Shotgun................................
Beretta Model SO5, SO6, SO9 Shotguns.................................
Beretta Sporting Clay Shotguns.......................................
Beretta 687EL Sporting O/U...........................................
Beretta 682 Super Sporting O/U.......................................
Beretta Series 682 Competition Over/Unders...........................
Browning Citori O/U Shotgun..........................................
Browning Superlight Citori Over/Under................................
Browning Lightning Sporting Clays....................................
Browning Micro Citori Lightning......................................
Browning Citori Plus Trap Combo......................................
Browning Citori Plus Trap Gun........................................
Browning Citori O/U Skeet Models.....................................
Browning Citori O/U Trap Models......................................
Browning Special Sporting Clays......................................
Browning Citori GTI Sporting Clays...................................
Browning 325 Sporting Clays..........................................
Centurion Over/Under Shotgun.........................................
Chapuis Over/Under Shotgun...........................................
Connecticut Valley Classics Classic Sporter O/U......................
Connecticut Valley Classics Classic Field Waterfowler................
Charles Daly Field Grade O/U.........................................
Charles Daly Lux Over/Under..........................................
E.A.A./Sabatti Sporting Clays Pro-Gold O/U...........................
E.A.A/Sabatti Falcon-Mon Over/Under..................................
Kassnar Grade I O/U Shotgun..........................................
Krieghoff K-80 Sporting Clays O/U....................................
Krieghoff K-80 Skeet Shotgun.........................................
Krieghoff K-80 International Skeet...................................
Krieghoff K-80 Four-Barrel Skeet Set.................................
Krieghoff K-80/RT Shotguns...........................................
Krieghoff K-80 O/U Trap Shotgun......................................
Laurona Silhouette 300 Sporting Clays................................
Laurona Silhouette 300 Trap..........................................
Laurona Super Model Over/Unders......................................
Ljutic LM-6 Deluxe O/U Shotgun.......................................
Marocchi Conquista Over/Under Shotgun................................
Marocchi Avanza O/U Shotgun..........................................
Merkel Model 200E O/U Shotgun........................................
Merkel Model 200E Skeet, Trap Over/Unders............................
Merkel Model 203E, 303E Over/Under Shotguns..........................
Perazzi Mirage Special Sporting O/U..................................
Perazzi Mirage Special Four-Gauge Skeet..............................
Perazzi Sporting Classic O/U.........................................
Perazzi MX7 Over/Under Shotguns......................................
Perazzi Mirage Special Skeet Over/Under..............................
Perazzi MX8/MX8 Special Trap, Skeet..................................
Perazzi MX8/20 Over/Under Shotgun....................................
Perazzi MX9 Single Over/Under Shotguns...............................
Perazzi MX12 Hunting Over/Under......................................
Perazzi MX28, MX410 Game O/U Shotguns................................
Perazzi MX20 Hunting Over/Under......................................
Piotti Boss Over/Under Shotgun.......................................
Remington Peerless Over/Under Shotgun................................
Ruger Red Label O/U Shotgun..........................................
Ruger Sporting Clays O/U Shotgun.....................................
San Marco 12-Ga. Wildflower Shotgun..................................
San Marco Field Special O/U Shotgun..................................
San Marco 10-Ga. O/U Shotgun.........................................
SKB Model 505 Deluxe Over/Under Shotgun..............................
SKB Model 685 Over/Under Shotgun.....................................
SKB Model 885 Over/Under Trap, Skeet, Sporting Clays.................
Stoeger/IGA Condor I O/U Shotgun.....................................
Stoeger/IGA ERA 2000 Over/Under Shotgun..............................
Techni-Mec Model 610 Over/Under......................................
Tikka Model 412S Field Grade Over/Under..............................
Weatherby Athena Grade IV O/U Shotguns...............................
Weatherby Athena Grade V Classic Field O/U...........................
Weatherby Orion O/U Shotguns.........................................
Weatherby II, III Classic Field O/Us.................................
Weatherby Orion II Classic Sporting Clays O/U........................
Weatherby Orion II Sporting Clays O/U................................
Winchester Model 1001 O/U Shotgun....................................
Winchester Model 1001 Sporting Clays O/U.............................
Pietro Zanoletti Model 2000 Field O/U................................
Shotguns--Side by Sides
American Arms Brittany Shotgun.......................................
American Arms Gentry Double Shotgun..................................
American Arms Derby Side-by-Side.....................................
American Arms Grulla #2 Double Shotgun...............................
American Arms WS/SS 10...............................................
American Arms TS/SS 10 Double Shotgun................................
American Arms TS/SS 12 Side-by-Side..................................
Arrieta Sidelock Double Shotguns.....................................
Armsport 1050 Series Double Shotguns.................................
Arizaga Model 31 Double Shotgun......................................
AYA Boxlock Shotguns.................................................
AYA Sidelock Double Shotguns.........................................
Beretta Model 452 Sidelock Shotgun...................................
Beretta Side-by-Side Field Shotguns..................................
Crucelegui Hermanos Model 150 Double.................................
Chapuis Side-by-Side Shotgun.........................................
E.A.A./Sabatti Saba-Mon Double Shotgun...............................
Charles Daly Model Dss Double........................................
Ferlib Model F VII Double Shotgun....................................
Auguste Francotte Boxlock Shotgun....................................
Auguste Francotte Sidelock Shotgun...................................
Garbi Model 100 Double...............................................
Garbi Model 101 Side-by-Side.........................................
Garbi Model 103A, B Side-by-Side.....................................
Garbi Model 200 Side-by-Side.........................................
Bill Hanus Birdgun Doubles...........................................
Hatfield Uplander Shotgun............................................
Merkel Model 8, 47E Side-by-Side Shotguns............................
Merkel Model 47LSC Sporting Clays Double.............................
Merkel Model 47S, 147S Side-by-Sides.................................
Parker Reproductions Side-by-Side....................................
Piotti King No. 1 Side-by-Side.......................................
Piotti Lunik Side-by-Side............................................
Piotti King Extra Side-by-Side.......................................
Piotti Piuma Side-by-Side............................................
Precision Sports Model 600 Series Doubles............................
Rizzini Boxlock Side-by-Side.........................................
Rizzini Sidelock Side-by-Side........................................
Stoeger/IGA Uplander Side-by-Side Shotgun............................
Ugartechea 10-Ga. Magnum Shotgun.....................................
Shotguns--Bolt Actions & Single Shots
Armsport Single Barrel Shotgun.......................................
Browning BT-99 Competition Trap Special..............................
Browning BT-99 Plus Trap Gun.........................................
Browning BT-99 Plus Micro............................................
Browning Recoilless Trap Shotgun.....................................
Browning Micro Recoilless Trap Shotgun...............................
Desert Industries Big Twenty Shotgun.................................
Harrington & Richardson Topper Model 098.............................
Harrington & Richardson Topper Classic Youth Shotgun.................
Harrington & Richardson N.W.T.F. Turkey Mag..........................
Harrington & Richardson Topper Deluxe Model 098......................
Krieghoff KS-5 Trap Gun..............................................
Krieghoff KS-5 Special...............................................
Krieghoff K-80 Single Barrel Trap Gun................................
Ljutic Mono Gun Single Barrel........................................
Ljutic LTX Super Deluxe Mono Gun.....................................
Ljutic Recoilless Space Gun Shotgun..................................
Marlin Model 55 Goose Gun Bolt Action................................
New England Firearms Turkey and Goose Gun............................
New England Firearms N.W.T.F. Shotgun................................
New England Firearms Tracker Slug Gun................................
New England Firearms Standard Pardner................................
New England Firearms Survival Gun....................................
Perazzi TM1 Special Single Trap......................................
Remington 90-T Super Single Shotgun..................................
Snake Charmer II Shotgun.............................................
Stoeger/IGA Reuna Single Barrel Shotgun..............................
Thompson/Center TCR '87 Hunter Shotgun.".............................
Subtitle B--Youth Handgun Safety
SEC. 110201. PROHIBITION OF THE POSSESSION OF A HANDGUN OR AMMUNITION BY, OR
THE PRIVATE TRANSFER OF A HANDGUN OR AMMUNITION TO, A JUVENILE.
(a) Offense.--Section 922 of title 18, United States Code, as amended by
section 110103(a), is amended by adding at the end the following new
subsection:
"(x)(1) It shall be unlawful for a person to sell, deliver, or otherwise
transfer to a person who the transferor knows or has reasonable cause to
believe is a juvenile--
"(A) a handgun; or
"(B) ammunition that is suitable for use only in a handgun.
"(2) It shall be unlawful for any person who is a juvenile to knowingly
possess--
"(A) a handgun; or
"(B) ammunition that is suitable for use only in a handgun.
"(3) This subsection does not apply to--
"(A) a temporary transfer of a handgun or ammunition to a juvenile or
to the possession or use of a handgun or ammunition by a juvenile if the
handgun and ammunition are possessed and used by the juvenile--
"(i) in the course of employment, in the course of ranching or
farming related to activities at the residence of the juvenile (or on
property used for ranching or farming at which the juvenile, with the
permission of the property owner or lessee, is performing activities
related to the operation of the farm or ranch), target practice,
hunting, or a course of instruction in the safe and lawful use of a
handgun;
"(ii) with the prior written consent of the juvenile's parent or
guardian who is not prohibited by Federal, State, or local law from
possessing a firearm, except--
"(I) during transportation by the juvenile of an unloaded
handgun in a locked container directly from the place of transfer
to a place at which an activity described in clause (i) is to
take place and transportation by the juvenile of that handgun,
unloaded and in a locked container, directly from the place at
which such an activity took place to the transferor; or
"(II) with respect to ranching or farming activities as
described in clause (i), a juvenile may possess and use a handgun
or ammunition with the prior written approval of the juvenile's
parent or legal guardian and at the direction of an adult who is
not prohibited by Federal, State or local law from possessing a
firearm;
"(iii) the juvenile has the prior written consent in the
juvenile's possession at all times when a handgun is in the
possession of the juvenile; and
"(iv) in accordance with State and local law;
"(B) a juvenile who is a member of the Armed Forces of the United
States or the National Guard who possesses or is armed with a handgun in
the line of duty;
"(C) a transfer by inheritance of title (but not possession) of a
handgun or ammunition to a juvenile; or
"(D) the possession of a handgun or ammunition by a juvenile taken in
defense of the juvenile or other persons against an intruder into the
residence of the juvenile or a residence in which the juvenile is an
invited guest.
"(4) A handgun or ammunition, the possession of which is transferred to a
juvenile in circumstances in which the transferor is not in violation of this
subsection shall not be subject to permanent confiscation by the Government
if its possession by the juvenile subsequently becomes unlawful because of
the conduct of the juvenile, but shall be returned to the lawful owner when
such handgun or ammunition is no longer required by the Government for the
purposes of investigation or prosecution.
"(5) For purposes of this subsection, the term 'juvenile' means a person
who is less than 18 years of age.
"(6)(A) In a prosecution of a violation of this subsection, the court
shall require the presence of a juvenile defendant's parent or legal guardian
at all proceedings.
"(B) The court may use the contempt power to enforce subparagraph (A).
"(C) The court may excuse attendance of a parent or legal guardian of a
juvenile defendant at a proceeding in a prosecution of a violation of this
subsection for good cause shown.".
(b) Penalties.--Section 924(a) of title 18, United States Code, is
amended--
(1) in paragraph (1) by striking "paragraph (2) or (3) of"; and
(2) by adding at the end the following new paragraph:
"(5)(A)(i) A juvenile who violates section 922(x) shall be fined under
this title, imprisoned not more than 1 year, or both, except that a juvenile
described in clause (ii) shall be sentenced to probation on appropriate
conditions and shall not be incarcerated unless the juvenile fails to comply
with a condition of probation.
"(ii) A juvenile is described in this clause if--
"(I) the offense of which the juvenile is charged is possession of a
handgun or ammunition in violation of section 922(x)(2); and
"(II) the juvenile has not been convicted in any court of an offense
(including an offense under section 922(x) or a similar State law, but
not including any other offense consisting of conduct that if engaged in
by an adult would not constitute an offense) or adjudicated as a juvenile
delinquent for conduct that if engaged in by an adult would constitute an
offense.
"(B) A person other than a juvenile who knowingly violates section
922(x)--
"(i) shall be fined under this title, imprisoned not more than 1
year, or both; and
"(ii) if the person sold, delivered, or otherwise transferred a
handgun or ammunition to a juvenile knowing or having reasonable cause to
know that the juvenile intended to carry or otherwise possess or
discharge or otherwise use the handgun or ammunition in the commission of
a crime of violence, shall be fined under this title, imprisoned not more
than 10 years, or both.".
(c) Technical Amendment of Juvenile Delinquency Provisions in Title 18,
United States Code.--
(1) Section 5031.--Section 5031 of title 18, United States Code, is
amended by inserting "or a violation by such a person of section 922(x)"
before the period at the end.
(2) Section 5032.--Section 5032 of title 18, United States Code, is
amended--
(A) in the first undesignated paragraph by inserting "or (x)"
after "922(p)"; and
(B) in the fourth undesignated paragraph by inserting "or section
922(x) of this title," before "criminal prosecution on the basis".
(d) Technical Amendment of the Juvenile Justice and Delinquency
Prevention Act of 1974.--Section 223(a)(12)(A) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(12)(A)) is amended by
striking "which do not constitute violations of valid court orders" and
inserting "(other than an offense that constitutes a violation of a valid
court order or a violation of section 922(x) of title 18, United States Code,
or a similar State law)."
(e) Model Law.--The Attorney General, acting through the Director of the
National Institute for Juvenile Justice and Delinquency Prevention, shall--
(1) evaluate existing and proposed juvenile handgun legislation in
each State;
(2) develop model juvenile handgun legislation that is constitutional
and enforceable;
(3) prepare and disseminate to State authorities the findings made as
the result of the evaluation; and
(4) report to Congress by December 31, 1995, findings and
recommendations concerning the need or appropriateness of further action
by the Federal Government.
Subtitle C--Licensure
SEC. 110301. FIREARMS LICENSURE AND REGISTRATION TO REQUIRE A PHOTOGRAPH AND
FINGERPRINTS.
(a) Firearms Licensure.--Section 923(a) of title 18, United States Code,
is amended in the second sentence by inserting "and shall include a
photograph and fingerprints of the applicant" before the period.
(b) Registration.--Section 5802 of the Internal Revenue Code of 1986 is
amended by inserting after the first sentence the following: "An individual
required to register under this section shall include a photograph and
fingerprints of the individual with the initial application.".
SEC. 110302. COMPLIANCE WITH STATE AND LOCAL LAW AS A CONDITION TO LICENSE.
Section 923(d)(1) of title 18, United States Code, is amended--
(1) by striking "and" at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E) and
inserting "; and"; and
(3) by adding at the end the following new subparagraph:
"(F) the applicant certifies that--
"(i) the business to be conducted under the license is not
prohibited by State or local law in the place where the licensed
premise is located;
"(ii)(I) within 30 days after the application is approved the
business will comply with the requirements of State and local law
applicable to the conduct of the business; and
"(II) the business will not be conducted under the license until
the requirements of State and local law applicable to the business
have been met; and
"(iii) that the applicant has sent or delivered a form to be
prescribed by the Secretary, to the chief law enforcement officer of
the locality in which the premises are located, which indicates that
the applicant intends to apply for a Federal firearms license.".
SEC. 110303. ACTION ON FIREARMS LICENSE APPLICATION.
Section 923(d)(2) of title 18, United States Code, is amended by striking
"forty-five-day" and inserting "60-day".
SEC. 110304. INSPECTION OF FIREARMS LICENSEES' INVENTORY AND RECORDS.
Section 923(g)(1)(B)(ii) of title 18, United States Code, is amended to
read as follows:
"(ii) for ensuring compliance with the record keeping
requirements of this chapter--
"(I) not more than once during any 12-month period; or
"(II) at any time with respect to records relating to a
firearm involved in a criminal investigation that is traced
to the licensee.".
SEC. 110305. REPORTS OF THEFT OR LOSS OF FIREARMS.
Section 923(g) of title 18, United States Code, is amended by adding at
the end the following new paragraph:
"(6) Each licensee shall report the theft or loss of a firearm from
the licensee's inventory or collection, within 48 hours after the theft
or loss is discovered, to the Secretary and to the appropriate local
authorities.".
SEC. 110306. RESPONSES TO REQUESTS FOR INFORMATION.
Section 923(g) of title 18, United States Code, as amended by section
110405, is amended by adding at the end the following new paragraph:
"(7) Each licensee shall respond immediately to, and in no event
later than 24 hours after the receipt of, a request by the Secretary for
information contained in the records required to be kept by this chapter
as may be required for determining the disposition of 1 or more firearms
in the course of a bona fide criminal investigation. The requested
information shall be provided orally or in writing, as the Secretary may
require. The Secretary shall implement a system whereby the licensee can
positively identify and establish that an individual requesting
information via telephone is employed by and authorized by the agency to
request such information.".
SEC. 110307. NOTIFICATION OF NAMES AND ADDRESSES OF FIREARMS LICENSEES.
Section 923 of title 18, United States Code, is amended by adding at the
end the following new subsection:
"(1) The Secretary of the Treasury shall notify the chief law
enforcement officer in the appropriate State and local jurisdictions of
the names and addresses of all persons in the State to whom a firearms
license is issued.".
Subtitle D--Domestic Violence
SEC. 110401. PROHIBITION AGAINST DISPOSAL OF FIREARMS TO, OR RECEIPT OF
FIREARMS BY, PERSONS WHO HAVE COMMITTED DOMESTIC ABUSE.
(a) Intimate Partner Defined.--Section 921(a) of title 18, United States
Code, as amended by section 110103(b), is amended by inserting at the end the
following new paragraph:
"(32) The term 'intimate partner' means, with respect to a person, the
spouse of the person, a former spouse of the person, an individual who is a
parent of a child of the person, and an individual who cohabitates or has
cohabited with the person.".
(b) Prohibition Against Disposal of Firearms.--Section 922(d) of title
18, United States Code, is amended--
(1) by striking "or" at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and inserting
"; or"; and
(3) by inserting after paragraph (7) the following new paragraph:
"(8) is subject to a court order that restrains such person from
harassing, stalking, or threatening an intimate partner of such person or
child of such intimate partner or person, or engaging in other conduct
that would place an intimate partner in reasonable fear of bodily injury
to the partner or child, except that this paragraph shall only apply to a
court order that--
"(A) was issued after a hearing of which such person received
actual notice, and at which such person had the opportunity to
participate; and
"(B)(i) includes a finding that such person represents a credible
threat to the physical safety of such intimate partner or child; or
"(ii) by its terms explicitly prohibits the use, attempted use,
or threatened use of physical force against such intimate partner or
child that would reasonably be expected to cause bodily injury.".
(c) Prohibition Against Receipt of Firearms.--Section 922(g) of title 18,
United States Code, is amended--
(1) by striking "or" at the end of paragraph (6);
(2) by inserting "or" at the end of paragraph (7); and
(3) by inserting after paragraph (7) the following:
"(8) who is subject to a court order that--
"(A) was issued after a hearing of which such person received
actual notice, and at which such person had an opportunity to
participate;
"(B) restrains such person from harassing, stalking, or
threatening an intimate partner of such person or child of such
intimate partner or person, or engaging in other conduct that would
place an intimate partner in reasonable fear of bodily injury to the
partner or child; and
"(C)(i) includes a finding that such person represents a credible
threat to the physical safety of such intimate partner or child; or
"(ii) by its terms explicitly prohibits the use, attempted use,
or threatened use of physical force against such intimate partner or
child that would reasonably be expected to cause bodily injury,".
(d) Storage of Firearms.--Section 926(a) of title 18, United States Code,
is amended--
(1) by striking "and" at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and inserting
"; and"; and
(3) by inserting after paragraph (2) the following:
"(3) regulations providing for effective receipt and secure storage
of firearms relinquished by or seized from persons described in
subsection (d)(8) or (g)(8) of section 922.".
(e) Return of Firearms.--Section 924(d)(1) of title 18, United States
Code, is amended by striking "the seized" and inserting "or lapse of or court
termination of the restraining order to which he is subject, the seized or
relinquished".
Subtitle E--Gun Crime Penalties
SEC. 110501. ENHANCED PENALTY FOR USE OF A SEMIAUTOMATIC FIREARM DURING A
CRIME OF VIOLENCE OR A DRUG TRAFFICKING CRIME.
(a) Amendment to Sentencing Guidelines.--Pursuant to its authority under
section 994 of title 28, United States Code, the United States Sentencing
Commission shall amend its sentencing guidelines to provide an appropriate
enhancement of the punishment for a crime of violence (as defined in section
924(c)(3) of title 18, United States Code) or a drug trafficking crime (as
defined in section 924(c)(2) of title 18, United States Code) if a
semiautomatic firearm is involved.
(b) Semiautomatic Firearm.--In subsection (a), "semiautomatic firearm"
means any repeating firearm that utilizes a portion of the energy of a firing
cartridge to extract the fired cartridge case and chamber the next round and
that requires a separate pull of the trigger to fire each cartridge.
SEC. 110502. ENHANCED PENALTY FOR SECOND OFFENSE OF USING AN EXPLOSIVE TO
COMMIT A FELONY.
Pursuant to its authority under section 994 of title 28, United States
Code, the United States Sentencing Commission shall promulgate amendments to
the sentencing guidelines to appropriately enhance penalties in a case in
which a defendant convicted under section 844(h) of title 18, United States
Code, has previously been convicted under that section.
SEC. 110503. SMUGGLING FIREARMS IN AID OF DRUG TRAFFICKING.
Section 924 of title 18, United States Code, as amended by section 60013,
is amended by adding at the end the following new subsection:
"(j) A person who, with intent to engage in or to promote conduct that--
"(1) is punishable under the Controlled Substances Act (21 U.S.C. 801
et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951
et seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901
et seq.);
"(2) violates any law of a State relating to any controlled substance
(as defined in section 102 of the Controlled Substances Act, 21 U.S.C.
802); or
"(3) constitutes a crime of violence (as defined in subsection
(c)(3),
smuggles or knowingly brings into the United States a firearm, or attempts to
do so, shall be imprisoned not more than 10 years, fined under this title, or
both.".
SEC. 110504. THEFT OF FIREARMS AND EXPLOSIVES.
(a) Firearms.--Section 924 of title 18, United States Code, as amended by
section 110203(a), is amended by adding at the end the following new
subsection:
"(k) A person who steals any firearm which is moving as, or is a part of,
or which has moved in, interstate or foreign commerce shall be imprisoned for
not more than 10 years, fined under this title, or both.".
(b) Explosives.--Section 844 of title 18, United States Code, is amended
by adding at the end the following new subsection:
"(k) A person who steals any explosives materials which are moving as, or
are a part of, or which have moved in, interstate or foreign commerce shall
be imprisoned for not more than 10 years, fined under this title, or both.".
SEC. 110505. REVOCATION OF SUPERVISED RELEASE AFTER IMPRISONMENT.
Section 3583 of title 18, United States Code, is amended--
(1) in subsection (d) by striking "possess illegal controlled
substances" and inserting "unlawfully possess a controlled substance";
(2) in subsection (e)--
(A) by striking "person" each place such term appears in such
subsection and inserting "defendant"; and
(B) by amending paragraph (3) to read as follows:
"(3) revoke a term of supervised release, and require the defendant
to serve in prison all or part of the term of supervised release
authorized by statute for the offense that resulted in such term of
supervised release without credit for time previously served on
postrelease supervision, if the court, pursuant to the Federal Rules of
Criminal Procedure applicable to revocation of probation or supervised
release, finds by a preponderance of the evidence that the defendant
violated a condition of supervised release, except that a defendant whose
term is revoked under this paragraph may not be required to serve more
than 5 years in prison if the offense that resulted in the term of
supervised release is a class A felony, more than 3 years in prison if
such offense is a class B felony, more than 2 years in prison if such
offense is a class C or D felony, or more than one year in any other
case; or"; and
(3) by striking subsection (g) and inserting the following:
"(g) Mandatory Revocation for Possession of Controlled Substance or
Firearm or for Refusal To Comply With Drug Testing.--If the defendant--
"(1) possesses a controlled substance in violation of the condition
set forth in subsection (d);
"(2) possesses a firearm, as such term is defined in section 921 of
this title, in violation of Federal law, or otherwise violates a
condition of supervised release prohibiting the defendant from possessing
a firearm; or
"(3) refuses to comply with drug testing imposed as a condition of
supervised release;
the court shall revoke the term of supervised release and require the
defendant to serve a term of imprisonment not to exceed the maximum term of
imprisonment authorized under subsection (e)(3).
"(h) Supervised Release Following Revocation.--When a term of supervised
release is revoked and the defendant is required to serve a term of
imprisonment that is less than the maximum term of imprisonment authorized
under subsection (e)(3), the court may include a requirement that the
defendant be placed on a term of supervised release after imprisonment. The
length of such a term of supervised release shall not exceed the term of
supervised release authorized by statute for the offense that resulted in the
original term of supervised release, less any term of imprisonment that was
imposed upon revocation of supervised release.
"(i) Delayed Revocation.--The power of the court to revoke a term of
supervised release for violation of a condition of supervised release, and to
order the defendant to serve a term of imprisonment and, subject to the
limitations in subsection (h), a further term of supervised release, extends
beyond the expiration of the term of supervised release for any period
reasonably necessary for the adjudication of matters arising before its
expiration if, before its expiration, a warrant or summons has been issued on
the basis of an allegation of such a violation.".
SEC. 110506. REVOCATION OF PROBATION.
(a) In General.--Section 3565(a) of title 18, United States Code, is
amended--
(1) in paragraph (2) by striking "impose any other sentence that was
available under subchapter A at the time of the initial sentencing" and
inserting "resentence the defendant under subchapter A"; and
(2) by striking the last sentence.
(b) Mandatory Revocation.--Section 3565(b) of title 18, United States
Code, is amended to read as follows:
"(b) Mandatory Revocation for Possession of Controlled Substance or
Firearm or Refusal To Comply With Drug Testing.--If the defendant--
"(1) possesses a controlled substance in violation of the condition
set forth in section 3563(a)(3);
"(2) possesses a firearm, as such term is defined in section 921 of
this title, in violation of Federal law, or otherwise violates a
condition of probation prohibiting the defendant from possessing a
firearm; or
"(3) refuses to comply with drug testing, thereby violating the
condition imposed by section 3563(a)(4),
the court shall revoke the sentence of probation and resentence the defendant
under subchapter A to a sentence that includes a term of imprisonment.".
SEC. 110507. INCREASED PENALTY FOR KNOWINGLY MAKING FALSE, MATERIAL STATEMENT
IN CONNECTION WITH THE ACQUISITION OF A FIREARM FROM A LICENSED
DEALER.
Section 924(a) of title 18, United States Code, is amended--
(1) in subsection (a)(1)(B) by striking "(a)(6),"; and
(2) in subsection (a)(2) by inserting "(a)(6)," after "subsections".
SEC. 110508. POSSESSION OF EXPLOSIVES BY FELONS AND OTHERS.
Section 842(i) of title 18, United States Code, is amended by inserting
"or possess" after "to receive".
SEC. 110509. SUMMARY DESTRUCTION OF EXPLOSIVES SUBJECT TO FORFEITURE.
Section 844(c) of title 18, United States Code, is amended--
(1) by inserting "(1)" after "(c)"; and
(2) by adding at the end the following new paragraphs:
"(2) Notwithstanding paragraph (1), in the case of the seizure of any
explosive materials for any offense for which the materials would be subject
to forfeiture in which it would be impracticable or unsafe to remove the
materials to a place of storage or would be unsafe to store them, the seizing
officer may destroy the explosive materials forthwith. Any destruction under
this paragraph shall be in the presence of at least 1 credible witness. The
seizing officer shall make a report of the seizure and take samples as the
Secretary may by regulation prescribe.
"(3) Within 60 days after any destruction made pursuant to paragraph (2),
the owner of (including any person having an interest in) the property so
destroyed may make application to the Secretary for reimbursement of the
value of the property. If the claimant establishes to the satisfaction of the
Secretary that--
"(A) the property has not been used or involved in a violation of
law; or
"(B) any unlawful involvement or use of the property was without the
claimant's knowledge, consent, or willful blindness,
the Secretary shall make an allowance to the claimant not exceeding the value
of the property destroyed.".
SEC. 110510. ELIMINATION OF OUTMODED LANGUAGE RELATING TO PAROLE.
(a) Section 924(e)(1) of Title 18.--Section 924(e)(1) of title 18, United
States Code, is amended by striking ", and such person shall not be eligible
for parole with respect to the sentence imposed under this subsection".
(b) Section 924(c)(1) of Title 18.--Section 924(c)(1) of title 18, United
States Code, is amended by striking "No person sentenced under this
subsection shall be eligible for parole during the term of imprisonment
imposed under this subsection.".
SEC. 10511. PROHIBITION AGAINST TRANSACTIONS INVOLVING STOLEN FIREARMS WHICH
HAVE MOVED IN INTERSTATE OR FOREIGN COMMERCE.
Section 922(j) of title 18, United States Code, is amended to read as
follows:
"(j) It shall be unlawful for any person to receive, possess, conceal,
store, barter, sell, or dispose of any stolen firearm or stolen ammunition,
or pledge or accept as security for a loan any stolen firearm or stolen
ammunition, which is moving as, which is a part of, which constitutes, or
which has been shipped or transported in, interstate or foreign commerce,
either before or after it was stolen, knowing or having reasonable cause to
believe that the firearm or ammunition was stolen.".
SEC. 110512. USING A FIREARM IN THE COMMISSION OF COUNTERFEITING OR FORGERY.
Pursuant to its authority under section 994 of title 28, United States
Code, the United States Sentencing Commission shall amend its sentencing
guidelines to provide an appropriate enhancement of the punishment for a
defendant convicted of a felony under chapter 25 of title 18, United States
Code, if the defendant used or carried a firearm (as defined in section
921(a)(3) of title 18, United States Code) during and in relation to the
felony.
SEC. 110513. ENHANCED PENALTIES FOR FIREARMS POSSESSION BY VIOLENT FELONS AND
SERIOUS DRUG OFFENDERS.
Pursuant to its authority under section 994 of title 28, United States
Code, the United States Sentencing Commission shall amend its sentencing
guidelines to--
(1) appropriately enhance penalties in cases in which a defendant
convicted under section 922(g) of title 18, United States Code, has 1
prior conviction by any court referred to in section 922(g)(1) of title
18 for a violent felony (as defined in section 924(e)(2)(B) of that
title) or a serious drug offense (as defined in section 924(e)(2)(A) of
that title); and
(2) appropriately enhance penalties in cases in which such a
defendant has 2 prior convictions for a violent felony (as so defined) or
a serious drug offense (as so defined).
SEC. 110514. RECEIPT OF FIREARMS BY NONRESIDENT.
Section 922(a) of title 18, United States Code, is amended--
(1) by striking "and" at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and inserting
"; and"; and
(3) by adding at the end the following new paragraph:
"(9) for any person, other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector, who does not reside
in any State to receive any firearms unless such receipt is for lawful
sporting purposes.".
SEC. 110515. THEFT OF FIREARMS OR EXPLOSIVES FROM LICENSEE.
(a) Firearms.--Section 924 of title 18, United States Code, as amended by
section 110504(a), is amended by adding at the end the following new
subsection:
"(l) A person who steals any firearm from a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector shall be fined under
this title, imprisoned not more than 10 years, or both.".
(b) Explosives.--Section 844 of title 18, United States Code, as amended
by section 110204(b), is amended by adding at the end the following new
subsection:
"(l) A person who steals any explosive material from a licensed importer,
licensed manufacturer, or licensed dealer, or from any permittee shall be
fined under this title, imprisoned not more than 10 years, or both.".
SEC. 110516. DISPOSING OF EXPLOSIVES TO PROHIBITED PERSONS.
Section 842(d) of title 18, United States Code, is amended by striking
"licensee" and inserting "person".
SEC. 110517. INCREASED PENALTY FOR INTERSTATE GUN TRAFFICKING.
Section 924 of title 18, United States Code, as amended by section
110515(a), is amended by adding at the end the following new subsection:
"(m) A person who, with the intent to engage in conduct that constitutes
a violation of section 922(a)(1)(A), travels from any State or foreign
country into any other State and acquires, or attempts to acquire, a firearm
in such other State in furtherance of such purpose shall be imprisoned for
not more than 10 years.".
SEC. 110518. FIREARMS AND EXPLOSIVES CONSPIRACY.
(a) Firearms.--Section 924 of title 18, United States Code, as amended by
section 110517(a), is amended by adding at the end the following new
subsection:
"(n) A person who conspires to commit an offense under subsection (c)
shall be imprisoned for not more than 20 years, fined under this title, or
both; and if the firearm is a machinegun or destructive device, or is
equipped with a firearm silencer or muffler, shall be imprisoned for any term
of years or life.".
(b) Explosives.--Section 844 of title 18, United States Code, as amended
by section 110515(b), is amended by adding at the end the following new
subsection:
"(m) A person who conspires to commit an offense under subsection (h)
shall be imprisoned for any term of years not exceeding 20, fined under this
title, or both.
SEC. 110519. DEFINITION OF ARMOR PIERCING AMMUNITION.
Section 921(a)(17) of title 18, United States Code, is amended by
revising subparagraph (B) and adding a new subparagraph (C) to read as
follows:
"(B) The term 'armor piercing ammunition' means--
"(i) a projectile or projectile core which may be used in a
handgun and which is constructed entirely (excluding the presence of
traces of other substances) from one or a combination of tungsten
alloys, steel, iron, brass, bronze, beryllium copper, or depleted
uranium; or
"(ii) a full jacketed projectile larger than .22 caliber designed
and intended for use in a handgun and whose jacket has a weight of
more than 25 percent of the total weight of the projectile.
"(C) The term 'armor piercing ammunition' does not include shotgun
shot required by Federal or State environmental or game regulations for
hunting purposes, a frangible projectile designed for target shooting, a
projectile which the Secretary finds is primarily intended to be used for
sporting purposes, or any other projectile or projectile core which the
Secretary finds is intended to be used for industrial purposes, including
a charge used in an oil and gas well perforating device.".
TITLE XII--TERRORISM
SEC. 120001. EXTENSION OF THE STATUTE OF LIMITATION FOR CERTAIN TERRORISM
OFFENSES.
(a) In General.--Chapter 213 of title 18, United States Code, is amended
by inserting after section 3285 the following new section:
"Sec. 3286. Extension of statute of limitation for certain terrorism offenses
"Notwithstanding section 3282, no person shall be prosecuted, tried, or
punished for any offense involving a violation of section 32 (aircraft
destruction), section 36 (airport violence), section 112 (assaults upon
diplomats), section 351 (crimes against Congressmen or Cabinet officers),
section 1116 (crimes against diplomats), section 1203 (hostage taking),
section 1361 (willful injury to government property), section 1751 (crimes
against the President), section 2280 (maritime violence), section 2281
(maritime platform violence), section 2331 (terrorist acts abroad against
United States nationals), section 2339 (use of weapons of mass destruction),
or section 2340A (torture) of this title or section 46502, 46504, 46505, or
46506 of title 49, unless the indictment is found or the information is
instituted within 8 years after the offense was committed.".
(b) Application of Amendment.--The amendment made by subsection (a) shall
not apply to any offense committed more than 5 years prior to the date of
enactment of this Act.
(c) Technical Amendment.--The chapter analysis for chapter 213 of title
18, United States Code, is amended by inserting after the item relating to
section 3285 the following new item:
"3286. Extension of statute of limitation for certain terrorism offenses.".
SEC. 120002. JURISDICTION OVER CRIMES AGAINST UNITED STATES NATIONALS ON
CERTAIN FOREIGN SHIPS.
Section 7 of title 18, United States Code (relating to the special
maritime and territorial jurisdiction of the United States), is amended by
inserting at the end thereof the following new paragraph:
"(8) To the extent permitted by international law, any foreign vessel
during a voyage having a scheduled departure from or arrival in the United
States with respect to an offense committed by or against a national of the
United States.".
SEC. 120003. COUNTERFEITING UNITED STATES CURRENCY ABROAD.
(a) In General.--Chapter 25 of title 18, United States Code, is amended
by adding before section 471 the following new section:
"Sec. 470. Counterfeit acts committed outside the United States
"A person who, outside the United States, engages in the act of--
"(1) making, dealing, or possessing any counterfeit obligation or
other security of the United States; or
"(2) making, dealing, or possessing any plate, stone, or other thing,
or any part thereof, used to counterfeit such obligation or security,
if such act would constitute a violation of section 471, 473, or 474 if
committed within the United States, shall be fined under this title,
imprisoned not more than 20 years, or both.".
(b) Technical Amendments.--
(1) Chapter analysis.--The chapter analysis for chapter 25 of title
18, United States Code, is amended by adding before section 471 the
following new item:
"470. Counterfeit acts committed outside the United States.".
(2) Part analysis.--The part analysis for part I of title 18, United
States Code, is amended by amending the item for chapter 25 to read as
follows:
"25. Counterfeiting and forgery...................................... 470".
SEC. 120004. SENTENCING GUIDELINES INCREASE FOR TERRORIST CRIMES.
The United States Sentencing Commission is directed to amend its
sentencing guidelines to provide an appropriate enhancement for any felony,
whether committed within or outside the United States, that involves or is
intended to promote international terrorism, unless such involvement or
intent is itself an element of the crime.
SEC. 120005. PROVIDING MATERIAL SUPPORT TO TERRORISTS.
(a) Offense.--Chapter 113A of title 18, United States Code, is amended by
adding the following new section:
"Sec. 2339A. Providing material support to terrorists
"(a) Definition.--In this section, 'material support or resources' means
currency or other financial securities, financial services, lodging,
training, safehouses, false documentation or identification, communications
equipment, facilities, weapons, lethal substances, explosives, personnel,
transportation, and other physical assets, but does not include humanitarian
assistance to persons not directly involved in such violations.
"(b) Offense.--A person who, within the United States, provides material
support or resources or conceals or disguises the nature, location, source,
or ownership of material support or resources, knowing or intending that they
are to be used in preparation for, or in carrying out, a violation of section
32, 36, 351, 844 (f) or (i), 1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281,
2331, or 2339 of this title or section 46502 of title 49, or in preparation
for or carrying out the concealment of an escape from the commission of any
such violation, shall be fined under this title, imprisoned not more than 10
years, or both.
"(c) Investigations.--
"(1) In general.--Within the United States, an investigation may be
initiated or continued under this section only when facts reasonably
indicate that--
"(A) in the case of an individual, the individual knowingly or
intentionally engages, has engaged, or is about to engage in the
violation of this or any other Federal criminal law; and
"(B) in the case of a group of individuals, the group knowingly
or intentionally engages, has engaged, or is about to engage in the
violation of this or any other Federal criminal law.
"(2) Activities protected by the first amendment.--An investigation
may not be initiated or continued under this section based on activities
protected by the First Amendment to the Constitution, including
expressions of support or the provision of financial support for the
nonviolent political, religious, philosophical, or ideological goals or
beliefs of any person or group.".
(b) Technical Amendment.--The chapter analysis for chapter 113A of title
18, United States Code, is amended by adding the following new item:
"2339A. Providing material support to terrorists.".
TITLE XIII--CRIMINAL ALIENS AND IMMIGRATION ENFORCEMENT
SEC. 130001. ENHANCEMENT OF PENALTIES FOR FAILING TO DEPART, OR REENTERING,
AFTER FINAL ORDER OF DEPORTATION.
(a) Failure To Depart.--Section 242(e) of the Immigration and Nationality
Act (8 U.S.C. 1252(e)) is amended--
(1) by striking "paragraph (2), (3), or (4) of" the first time it
appears; and
(2) by striking "shall be imprisoned not more than ten years" and
inserting "shall be imprisoned not more than four years, or shall be
imprisoned not more than ten years if the alien is a member of any of the
classes described in paragraph (1)(E), (2), (3), or (4) of section
241(a).".
(b) Reentry.--Section 276(b) of the Immigration and Nationality Act (8
U.S.C. 1326(b)) is amended--
(1) in paragraph (1)--
(A) by inserting after "commission of" the following: "three or
more misdemeanors involving drugs, crimes against the person, or
both, or"; and
(B) by striking "5" and inserting "10";
(2) in paragraph (2), by striking "15" and inserting "20"; and
(3) by adding at the end the following sentence:
"For the purposes of this subsection, the term 'deportation' includes any
agreement in which an alien stipulates to deportation during a criminal trial
under either Federal or State law.".
SEC. 130002. CRIMINAL ALIEN TRACKING CENTER.
(a) Operation.--The Attorney General shall, under the authority of
section 242(a)(3)(A) of the Immigration and Nationality Act (8 U.S.C.
1252(a)(3)(A)), operate a criminal alien tracking center.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $3,400,000 for fiscal year 1996;
(2) $3,600,000 for fiscal year 1997;
(3) $3,700,000 for fiscal year 1998;
(4) $3,800,000 for fiscal year 1999; and
(5) $3,900,000 for fiscal year 2000.
SEC. 130003. ALIEN WITNESS COOPERATION AND COUNTERTERRORISM INFORMATION.
(a) Establishment of New Nonimmigrant Classification.--Section 101(a)(15)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
(1) by striking "or" at the end of subparagraph (Q),
(2) by striking the period at the end of subparagraph (R) and
inserting "; or", and
(3) by adding at the end the following new subparagraph:
"(S) subject to section 214(j), an alien--
"(i) who the Attorney General determines--
"(I) is in possession of critical reliable information
concerning a criminal organization or enterprise;
"(II) is willing to supply or has supplied such information
to Federal or State law enforcement authorities or a Federal or
State court; and
"(III) whose presence in the United States the Attorney
General determines is essential to the success of an authorized
criminal investigation or the successful prosecution of an
individual involved in the criminal organization or enterprise;
or
"(ii) who the Secretary of State and the Attorney General jointly
determine--
"(I) is in possession of critical reliable information
concerning a terrorist organization, enterprise, or operation;
"(II) is willing to supply or has supplied such information
to Federal law enforcement authorities or a Federal court;
"(III) will be or has been placed in danger as a result of
providing such information; and
"(IV) is eligible to receive a reward under section 36(a) of
the State Department Basic Authorities Act of 1956,
and, if the Attorney General (or with respect to clause (ii), the
Secretary of State and the Attorney General jointly) considers it to be
appropriate, the spouse, married and unmarried sons and daughters, and
parents of an alien described in clause (i) or (ii) if accompanying, or
following to join, the alien.".
(b) Conditions of Entry.--
(1) Waiver of grounds for exclusion.--Section 212(d) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)) is amended by
inserting at the beginning the following new paragraph:
"(1) The Attorney General shall determine whether a ground for exclusion
exists with respect to a nonimmigrant described in section 101(a)(15)(S). The
Attorney General, in the Attorney General's discretion, may waive the
application of subsection (a) (other than paragraph (3)(E)) in the case of a
nonimmigrant described in section 101(a)(15)(S), if the Attorney General
considers it to be in the national interest to do so. Nothing in this section
shall be regarded as prohibiting the Immigration and Naturalization Service
from instituting deportation proceedings against an alien admitted as a
nonimmigrant under section 101(a)(15)(S) for conduct committed after the
alien's admission into the United States, or for conduct or a condition that
was not disclosed to the Attorney General prior to the alien's admission as a
nonimmigrant under section 101(a)(15)(S).".
(2) Numerical limitations; period of admission; etc.--Section 214 of
the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding
at the end the following new subsection:
"(j)(1) The number of aliens who may be provided a visa as nonimmigrants
under section 101(a)(15)(S)(i) in any fiscal year may not exceed 100. The
number of aliens who may be provided a visa as nonimmigrants under section
101(a)(15)(S)(ii) in any fiscal year may not exceed 25.
"(2) No alien may be admitted into the United States as such a
nonimmigrant more than 5 years after the date of the enactment of this
subsection.
"(3) The period of admission of an alien as such a nonimmigrant may not
exceed 3 years. Such period may not be extended by the Attorney General.
"(4) As a condition for the admission, and continued stay in lawful
status, of such a nonimmigrant, the nonimmigrant--
"(A) shall report not less often than quarterly to the Attorney
General such information concerning the alien's whereabouts and
activities as the Attorney General may require;
"(B) may not be convicted of any criminal offense punishable by a
term of imprisonment of 1 year or more after the date of such admission;
"(C) must have executed a form that waives the nonimmigrant's right
to contest, other than on the basis of an application for withholding of
deportation, any action for deportation of the alien instituted before
the alien obtains lawful permanent resident status; and
"(D) shall abide by any other condition, limitation, or restriction
imposed by the Attorney General.
"(5) The Attorney General shall submit a report annually to the Committee
on the Judiciary of the House of Representatives and the Committee on the
Judiciary of the Senate concerning--
"(A) the number of such nonimmigrants admitted;
"(B) the number of successful criminal prosecutions or investigations
resulting from cooperation of such aliens;
"(C) the number of terrorist acts prevented or frustrated resulting
from cooperation of such aliens;
"(D) the number of such nonimmigrants whose admission or cooperation
has not resulted in successful criminal prosecution or investigation or
the prevention or frustration of a terrorist act; and
"(E) the number of such nonimmigrants who have failed to report
quarterly (as required under paragraph (4)) or who have been convicted of
crimes in the United States after the date of their admission as such a
nonimmigrant.".
(3) Prohibition of change of status.--Section 248(1) of the
Immigration and Naturalization Act (8 U.S.C. 1258(1)) is amended by
striking "or (K)" and inserting "(K), or (S)".
(c) Adjustment to Permanent Resident Status.--
(1) In general.--Section 245 of the Immigration and Nationality Act
(8 U.S.C. 1255) is amended by adding at the end the following new
subsection:
"(i)(1) If, in the opinion of the Attorney General--
"(A) a nonimmigrant admitted into the United States under section
101(a)(15)(S)(i) has supplied information described in subclause (I) of
such section; and
"(B) the provision of such information has substantially contributed
to the success of an authorized criminal investigation or the prosecution
of an individual described in subclause (III) of that section,
the Attorney General may adjust the status of the alien (and the spouse,
married and unmarried sons and daughters, and parents of the alien if
admitted under that section) to that of an alien lawfully admitted for
permanent residence if the alien is not described in section 212(a)(3)(E).
"(2) If, in the sole discretion of the Attorney General--
"(A) a nonimmigrant admitted into the United States under section
101(a)(15)(S)(ii) has supplied information described in subclause (I) of
such section, and
"(B) the provision of such information has substantially contributed
to--
"(i) the prevention or frustration of an act of terrorism against
a United States person or United States property, or
"(ii) the success of an authorized criminal investigation of, or
the prosecution of, an individual involved in such an act of
terrorism, and
"(C) the nonimmigrant has received a reward under section 36(a) of
the State Department Basic Authorities Act of 1956,
the Attorney General may adjust the status of the alien (and the spouse,
married and unmarried sons and daughters, and parents of the alien if
admitted under such section) to that of an alien lawfully admitted for
permanent residence if the alien is not described in section 212(a)(3)(E).
"(3) Upon the approval of adjustment of status under paragraphs (1) or
(2), the Attorney General shall record the alien's lawful admission for
permanent residence as of the date of such approval and the Secretary of
State shall reduce by one the number of visas authorized to be issued under
sections 201(d) and 203(b)(4) for the fiscal year then current.".
(2) Exclusive means of adjustment.--Section 245(c) of the Immigration
and Nationality Act (8 U.S.C. 1255(c)) is amended by striking "or" before
"(4)" and by inserting before the period at the end the following: "; or
(5) an alien who was admitted as a nonimmigrant described in section
101(a)(15)(S)".
(d) Extension of Period of Deportation for Conviction of a Crime.--
Section 241(a)(2)(A)(i)(I) of the Immigration and Nationality Act (8 U.S.C.
1251(a)(2)(A)(i)(I)) is amended by inserting "(or 10 years in the case of an
alien provided lawful permanent resident status under section 245(i))" after
"five years".
SEC. 130004. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO ARE NOT
PERMANENT RESIDENTS.
(a) Elimination of Administrative Hearing for Certain Criminal Aliens.--
Section 242A of the Immigration and Nationality Act (8 U.S.C. 1252a) is
amended by adding at the end the following new subsection:
"(b) Deportation of Aliens Who Are Not Permanent Residents.--
"(1) The Attorney General may, in the case of an alien described in
paragraph (2), determine the deportability of such alien under section
241(a)(2)(A)(iii) (relating to conviction of an aggravated felony) and
issue an order of deportation pursuant to the procedures set forth in
this subsection or section 242(b).
"(2) An alien is described in this paragraph if the alien--
"(A) was not lawfully admitted for permanent residence at the
time at which proceedings under this section commenced; and
"(B) is not eligible for any relief from deportation under this
Act.
"(3) The Attorney General may not execute any order described in
paragraph (1) until 30 calendar days have passed from the date that such
order was issued, unless waived by the alien, in order that the alien has
an opportunity to apply for judicial review under section 106.
"(4) Proceedings before the Attorney General under this subsection
shall be in accordance with such regulations as the Attorney General
shall prescribe. The Attorney General shall provide that--
"(A) the alien is given reasonable notice of the charges and of
the opportunity described in subparagraph (C);
"(B) the alien shall have the privilege of being represented (at
no expense to the government) by such counsel, authorized to practice
in such proccedings, as the alien shall choose;
"(C) the alien has a reasonable opportunity to inspect the
evidence and rebut the charges;
"(D) the determination of deportability is supported by clear,
convincing, and unequivocal evidence and a record is maintained for
judicial review; and
"(E) the final order of deportation is not entered by the same
person who issues the charges.".
(b) Limited Judicial Review.--Section 106 of the Immigration and
Nationality Act (8 U.S.C. 1105a) is amended--
(1) in the first sentence of subsection (a), by inserting "or
pursuant to section 242A" after "under section 242(b)";
(2) in subsection (a)(1) and subsection (a)(3), by inserting
"(including an alien described in section 242A)" after "aggravated
felony"; and
(3) by adding at the end the following new subsection:
"(d)(1) A petition for review or for habeas corpus on behalf of an alien
against whom a final order of deportation has been issued pursuant to section
242A(b) may challenge only--
"(A) whether the alien is in fact the alien described in the order;
"(B) whether the alien is in fact an alien described in section
242A(b)(2);
"(C) whether the alien has been convicted of an aggravated felony and
such conviction has become final; and
"(D) whether the alien was afforded the procedures required by
section 242A(b)(5).
"(2) No court shall have jurisdiction to review any issue other than an
issue described in paragraph (1).".
(c) Technical Amendments.--Section 242A of the Immigration and
Nationality Act (8 U.S.C. 1252a) is amended--
(1) by amending the heading to read as follows:
"EXPEDITED DEPORTATION OF ALIENS CONVICTED OF COMMITTING AGGRAVATED
FELONIES";
(2) in subsection (a), as designated prior to enactment of this Act,
by striking "(a) In General.--" and inserting the following:
"(a) Deportation of Criminal Aliens.--
"(1) in general.--";
(3) in subsection (b), as designated prior to enactment of this Act,
by striking "(b) Implementation.--" and inserting "(2) Implementation.--
";
(4) by striking subsection (c);
(5) in subsection (d)--
(A) by striking "(d) Expedited Proceedings.--(1)" and inserting
"(3) expedited proceedings.--(A)"; and
(B) by striking "(2)" and inserting "(B)"; and
(6) in subsection (e)--
(A) by striking "(e) Review.--(1)" and inserting "(4) review.--
(A)";
(B) by striking the second sentence; and
(C) by striking "(2)" and inserting "(B)".
(d) Effective Date.--The amendments made by this section shall apply to
all aliens against whom deportation proceedings are initiated after the date
of enactment of this Act.
SEC. 130005. EXPEDITIOUS DEPORTATION FOR DENIED ASYLUM APPLICANTS.
(a) In General.--The Attorney General may provide for the expeditious
adjudication of asylum claims and the expeditious deportation of asylum
applicants whose applications have been finally denied, unless the applicant
remains in an otherwise valid nonimmigrant status.
(b) Employment Authorization.--Section 208 of the Immigration and
Nationality Act (8 U.S.C. 1158) is amended by adding at the end the following
new subsection:
"(e) An applicant for asylum is not entitled to employment authorization
except as may be provided by regulation in the discretion of the Attorney
General.".
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $64,000,000 for fiscal year 1995;
(2) $90,000,000 for fiscal year 1996;
(3) $93,000,000 for fiscal year 1997; and
(4) $91,000,000 for fiscal year 1998.
SEC. 130006. IMPROVING BORDER CONTROLS.
(a) Authorization of Appropriations.--There are authorized to be
appropriated for the Immigration and Naturalization Service to increase the
resources for the Border Patrol, the Inspections Program, and the Deportation
Branch to apprehend illegal aliens who attempt clandestine entry into the
United States or entry into the United States with fraudulent documents or
who remain in the country after their nonimmigrant visas expire--
(1) $228,000,000 for fiscal year 1995;
(2) $185,000,000 for fiscal year 1996;
(3) $204,000,000 for fiscal year 1997;
(4) $58,000,000 for fiscal year 1998.
Of the sums authorized in this section, all necessary funds shall,
subject to the availability of appropriations, be allocated to increase the
number of agent positions (and necessary support personnel positions) in the
Border Patrol by not less than 1,000 full-time equivalent positions in each
of fiscal years 1995, 1996, 1997, and 1998 beyond the number funded as of
October 1, 1994.
(b) Report.--By September 30, 1996 and September 30, 1998, the Attorney
General shall report to the Congress on the programs described in this
section. The report shall include an evaluation of the programs, an outcome-
based measurement of performance, and an analysis of the cost effectiveness
of the additional resources provided under this Act.
SEC. 130007. EXPANDED SPECIAL DEPORTATION PROCEEDINGS.
(a) In General.--Subject to the availability of appropriations, the
Attorney General may expand the program authorized by section 242A(d) and
242(i) of the Immigration and Nationality Act to ensure that such aliens are
immediately deportable upon their release from incarceration.
(b) Detention and Removal of Criminal Aliens.--Subject to the
availability of appropriations, the Attorney General may--
(1) construct or contract for the construction of 2 Immigration and
Naturalization Service Processing Centers to detain criminal aliens; and
(2) provide for the detention and removal of such aliens.
(c) Report.--By September 30, 1996, and September 30, 1998 the Attorney
General shall report to the Congress on the programs referred to in
subsections (a) and (b). The report shall include an evaluation of the
programs, an outcome-based measurement of performance, and an analysis of the
cost effectiveness of the additional resources provided under this Act.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $55,000,000 for fiscal year 1995;
(2) $54,000,000 for fiscal year 1996;
(3) $49,000,000 for fiscal year 1997; and
(4) $2,000,000 for fiscal year 1998.
SEC. 130008. AUTHORITY TO ACCEPT CERTAIN ASSISTANCE.
(a) In General.--Subject to subsection (b) and notwithstanding any other
provision of law, the Attorney General, in the discretion of the Attorney
General, may accept, hold, administer, and utilize gifts of property and
services (which may not include cash assistance) from State and local
governments for the purpose of assisting the Immigration and Naturalization
Service in the transportation of deportable aliens who are arrested for
misdemeanor or felony crimes under State or Federal law and who are either
unlawfully within the United States or willing to submit to voluntary
departure under safeguards. Any property acquired pursuant to this section
shall be acquired in the name of the United States.
(b) Limitation.--The Attorney General shall terminate or rescind the
exercise of the authority under subsection (a) if the Attorney General
determines that the exercise of such authority has resulted in discrimination
by law enforcement officials on the basis of race, color, or national origin.
SEC. 130009. PASSPORT AND VISA OFFENSES PENALTIES IMPROVEMENT.
(a) In General.--Chapter 75 of title 18, United States Code, is amended--
(1) in section 1541 by striking "not more than $500 or imprisoned not
more than one year" and inserting "under this title, imprisoned not more
than 10 years";
(2) in each of sections 1542, 1543, and 1544 by striking "not more
than $2,000 or imprisoned not more than five years" and inserting "under
this title, imprisoned not more than 10 years";
(3) in section 1545 by striking "not more than $2,000 or imprisoned
not more than three years" and inserting "under this title, imprisoned
not more than 10 years";
(4) in section 1546(a) by striking "five years" and inserting "10
years";
(5) in section 1546(b) by striking "in accordance with this title, or
imprisoned not more than two years" and inserting "under this title,
imprisoned not more than 5 years"; and
(6) by adding at the end the following new section:
"Sec. 1547. Alternative imprisonment maximum for certain offenses
"Notwithstanding any other provision of this title, the maximum term of
imprisonment that may be imposed for an offense under this chapter (other
than an offense under section 1545)--
"(1) if committed to facilitate a drug trafficking crime (as defined
in 929(a)) is 15 years; and
"(2) if committed to facilitate an act of international terrorism (as
defined in section 2331) is 20 years.".
(b) Technical Amendment.--The chapter analysis for chapter 75 of title
18, United States Code, is amended by adding at the end the following new
item:
"1547. Alternative imprisonment maximum for certain offenses.".
SEC. 130010. ASYLUM.
(a) Findings.--The Senate finds that--
(1) in the last decade applications for asylum have greatly exceeded
the original 5,000 annual limit provided in the Refugee Act of 1980, with
more than 150,000 asylum applications filed in fiscal year 1993, and the
backlog of cases growing to 340,000;
(2) this flood of asylum claims has swamped the system, creating
delays in the processing of applications of up to several years;
(3) the delay in processing asylum claims due to the overwhelming
numbers has contributed to numerous problems, including--
(A) an abuse of the asylum laws by fraudulent applicants whose
primary interest is obtaining work authority in the United States
while their claim languishes in the backlogged asylum processing
system;
(B) the growth of alien smuggling operations, often involving
organized crime;
(C) a drain on limited resources resulting from the high cost of
processing frivolous asylum claims through our multilayered system;
and
(D) an erosion of public support for asylum, which is a treaty
obligation.
(4) asylum, a safe haven protection for aliens abroad who cannot
return home, has been perverted by some aliens who use asylum claims to
circumvent our immigration and refugee laws and procedures; and
(5) a comprehensive revision of our asylum law and procedures is
required to address these problems.
(b) Policy.--It is the sense of the Senate that--
(1) asylum is a process intended to protect aliens in the United
States who cannot safely return home;
(2) persons outside their country of nationality who have a well-
founded fear of persecution if they return should apply for refugee
status at one of our refugee processing offices abroad; and
(3) the immigration, refugee and asylum laws of the United States
should be reformed to provide--
(A) a procedure for the expeditious exclusion of any asylum
applicant who arrives at a port-of-entry with fraudulent documents,
or no documents, and makes a noncredible claim of asylum; and
(B) the immigration, refugee and asylum laws of the United States
should be reformed to provide for a streamlined affirmative asylum
processing system for asylum applicants who make their application
after they have entered the United States.
TITLE XIV--YOUTH VIOLENCE
SEC. 140001. PROSECUTION AS ADULTS OF CERTAIN JUVENILES FOR CRIMES OF
VIOLENCE.
The 4th undesignated paragraph of section 5032 of title 18, United States
Code, is amended by striking "; however" and inserting ". In the application
of the preceding sentence, if the crime of violence is an offense under
section 113(a), 113(b), 113(c), 1111, 1113, or, if the juvenile possessed a
firearm during the offense, section 2111, 2113, 2241(a), or 2241(c),
'thirteen' shall be substituted for 'fifteen' and 'thirteenth' shall be
substituted for 'fifteenth'. Notwithstanding sections 1152 and 1153, no
person subject to the criminal jurisdiction of an Indian tribal government
shall be subject to the preceding sentence for any offense the Federal
jurisdiction for which is predicated solely on Indian country (as defined in
section 1151), and which has occurred within the boundaries of such Indian
country, unless the governing body of the tribe has elected that the
preceding sentence have effect over land and persons subject to its criminal
jurisdiction. However".
SEC. 140002. COMMENCEMENT OF JUVENILE PROCEEDING.
Section 5032 of title 18, United States Code, is amended by striking "Any
proceedings against a juvenile under this chapter or as an adult shall not be
commenced until" and inserting "A juvenile shall not be transferred to adult
prosecution nor shall a hearing be held under section 5037 (disposition after
a finding of juvenile delinquency) until".
SEC. 140003. SEPARATION OF JUVENILE FROM ADULT OFFENDERS.
Section 5039 of title 18, United States Code, is amended by inserting ",
whether pursuant to an adjudication of delinquency or conviction for an
offense," after "committed" the first place it appears.
SEC. 140004. BINDOVER SYSTEM FOR CERTAIN VIOLENT JUVENILES.
Section 501(b) of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3751), as amended by section 100003, is amended--
(1) by striking "and" at the end of paragraph (21);
(2) by striking the period at the end of paragraph (22) and inserting
"; and"; and
(3) by adding at the end the following new paragraph:
"(23) programs that address the need for effective bindover systems
for the prosecution of violent 16- and 17-year-old juveniles in courts
with jurisdiction over adults for the crimes of--
"(A) murder in the first degree;
"(B) murder in the second degree;
"(C) attempted murder;
"(D) armed robbery when armed with a firearm;
"(E) aggravated battery or assault when armed with a firearm;
"(F) criminal sexual penetration when armed with a firearm; and
"(G) drive-by shootings as described in section 36 of title 18,
United States Code.".
SEC. 140005. AMENDMENT CONCERNING RECORDS OF CRIMES COMMITTED BY JUVENILES.
Section 5038 of title 18, United States Code, is amended in subsection
(f) by adding "or whenever a juvenille has been found guilty of committing an
act after his 13th birthday which if committed by an adult would be an
offense described in the second sentence of the fourth paragraph of section
5032 of this title," after "title 21,".
SEC. 140006. INCREASED PENALTIES FOR EMPLOYING CHILDREN TO DISTRIBUTE DRUGS
NEAR SCHOOLS AND PLAYGROUNDS.
Section 419 of the Controlled Substances Act (21 U.S.C. 860) is amended--
(1) by redesignating subsections (c) and (d) as subsections (d) and
(e), respectively; and
(2) by inserting after subsection (b) the following new subsection:
"(c) Notwithstanding any other law, any person at least 21 years of age
who knowingly and intentionally--
"(1) employs, hires, uses, persuades, induces, entices, or coerces a
person under 18 years of age to violate this section; or
"(2) employs, hires, uses, persuades, induces, entices, or coerces a
person under 18 years of age to assist in avoiding detection or
apprehension for any offense under this section by any Federal, State, or
local law enforcement official,
is punishable by a term of imprisonment, a fine, or both, up to triple those
authorized by section 401.".
SEC. 140007. INCREASED PENALTIES FOR TRAVEL ACT CRIMES INVOLVING VIOLENCE AND
CONSPIRACY TO COMMIT CONTRACT KILLINGS.
(a) Travel Act Penalties.--Section 1952(a) of title 18, United States
Code, is amended by striking "and thereafter performs or attempts to perform
any of the acts specified in subparagraphs (1), (2), and (3), shall be fined
not more than $10,000 or imprisoned for not more than five years, or both."
and inserting "and thereafter performs or attempts to perform--
"(A) an act described in paragraph (1) or (3) shall be fined under
this title, imprisoned not more than 5 years, or both; or
"(B) an act described in paragraph (2) shall be fined under this
title, imprisoned for not more than 20 years, or both, and if death
results shall be imprisoned for any term of years or for life.".
(b) Murder Conspiracy Penalties.--Section 1958(a) of title 18, United
States Code, is amended by inserting "or who conspires to do so" before
"shall be fined" the first place it appears.
SEC. 140008. SOLICITATION OF MINOR TO COMMIT CRIME.
(a) Directive to Sentencing Commission.--(1) The United States Sentencing
Commission shall promulgate guidelines or amend existing guidelines to
provide that a defendant 21 years of age or older who has been convicted of
an offense shall receive an appropriate sentence enhancement if the defendant
involved a minor in the commission of the offense.
(2) The Commission shall provide that the guideline enhancement
promulgated pursuant to paragraph (1) shall apply for any offense in relation
to which the defendant has solicited, procured, recruited, counseled,
encouraged, trained, directed, commanded, intimidated, or otherwise used or
attempted to use any person less than 18 years of age with the intent that
the minor would commit a Federal offense.
(b) Relevant Considerations.--In implementing the directive in subsection
(a), the Sentencing Commission shall consider--
(1) the severity of the crime that the defendant intended the minor
to commit;
(2) the number of minors that the defendant used or attempted to use
in relation to the offense;
(3) the fact that involving a minor in a crime of violence is
frequently of even greater seriousness than involving a minor in a drug
trafficking offense, for which the guidelines already provide a two-level
enhancement; and
(4) the possible relevance of the proximity in age between the
offender and the minor(s) involved in the offense.
TITLE XV--CRIMINAL STREET GANGS
SEC. 150001. CRIMINAL STREET GANGS.
(a) In General.--Part I of title 18, United States Code, is amended by
inserting after chapter 25 the following new chapter:
"CHAPTER 26--CRIMINAL STREET GANGS
"Sec. 521. Criminal street gangs
"(a) Definitions.--
" 'conviction' includes a finding, under State or Federal law, that a
person has committed an act of juvenile delinquency involving a violent
or controlled substances felony.
" 'criminal street gang' means an ongoing group, club, organization,
or association of 5 or more persons--
"(A) that has as 1 of its primary purposes the commission of 1 or
more of the criminal offenses described in subsection (c);
"(B) the members of which engage, or have engaged within the past
5 years, in a continuing series of offenses described in subsection
(c); and
"(C) the activities of which affect interstate or foreign
commerce.
"(b) Penalty.--The sentence of a person convicted of an offense described
in subsection (c) shall be increased by up to 10 years if the offense is
committed under the circumstances described in subsection (d).
"(c) Offenses.--The offenses described in this section are--
"(1) a Federal felony involving a controlled substance (as defined in
section 102 of the Controlled Substances Act (21 U.S.C. 802)) for which
the maximum penalty is not less than 5 years;
"(2) a Federal felony crime of violence that has as an element the
use or attempted use of physical force against the person of another; and
"(3) a conspiracy to commit an offense described in paragraph (1) or
(2).
"(d) Circumstances.--The circumstances described in this section are that
the offense described in subsection (c) was committed by a person who--
"(1) participates in a criminal street gang with knowledge that its
members engage in or have engaged in a continuing series of offenses
described in subsection (c);
"(2) intends to promote or further the felonious activities of the
criminal street gang or maintain or increase his or her position in the
gang; and
"(3) has been convicted within the past 5 years for--
"(A) an offense described in subsection (c);
"(B) a State offense--
"(i) involving a controlled substance (as defined in section
102 of the Controlled Substances Act (21 U.S.C. 802)) for which
the maximum penalty is not less than 5 years' imprisonment; or
"(ii) that is a felony crime of violence that has as an
element the use or attempted use of physical force against the
person of another;
"(C) any Federal or State felony offense that by its nature
involves a substantial risk that physical force against the person of
another may be used in the course of committing the offense; or
"(D) a conspiracy to commit an offense described in subparagraph
(A), (B), or (C).".
(b) Technical Amendment.--The part analysis for part I of title 18,
United States Code, is amended by inserting after the item relating to
chapter 25 the following new item:
"26. Criminal street gangs........................................... 521".
SEC. 150002. ADULT PROSECUTION OF SERIOUS JUVENILE OFFENDERS.
Section 5032 of title 18, United States Code, is amended--
(1) in the first undesignated paragraph by striking "922(p)" and
inserting "924(b), (g), or (h)";
(2) in the fourth undesignated paragraph by inserting "or in section
924(b), (g), or (h) of this title," before "criminal prosecution" the
first place it appears; and
(3) in the fifth undesignated paragraph by adding at the end the
following: "In considering the nature of the offense, as required by this
paragraph, the court shall consider the extent to which the juvenile
played a leadership role in an organization, or otherwise influenced
other persons to take part in criminal activities, involving the use or
distribution of controlled substances or firearms. Such a factor, if
found to exist, shall weigh in favor of a transfer to adult status, but
the absence of this factor shall not preclude such a transfer.".
SEC. 150003. ADDITION OF ANTI-GANG BYRNE GRANT FUNDING OBJECTIVE.
Section 501(b) of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3751(4)), as amended by section 140004, is amended--
(1) by striking "and" at the end of paragraph (22);
(2) by striking the period at the end of paragraph (23) and inserting
"; and"; and
(3) by adding at the end the following new paragraph:
"(24) law enforcement and prevention programs relating to gangs, or
to youth who are involved or at risk of involvement in gangs.".
SEC. 150004. MENTORING PROGRAM.
Section 288C of part G of title II of the Juvenile Justice and
Delinquency Prevention Act of 1974 is amended to read as follows:
"REGULATIONS AND GUIDELINES
"Sec. 288C. (a) Program Guidelines.--The Administrator shall issue
program guidelines to implement this part. The program guidelines shall be
effective only after a period for public notice and comment.
"(b) Model Screening Guidelines.--The Administrator shall develop and
distribute to program participants specific model guidelines for the
screening of prospective program mentors.".
SEC. 150005. JUVENILE ANTI-DRUG AND ANTI-GANG GRANTS IN FEDERALLY ASSISTED
LOW-INCOME HOUSING.
Grants authorized in this Act to reduce or prevent juvenile drug and
gang-related activity in "public housing" may be used for such purposes in
federally assisted, low-income housing.
SEC. 150006. GANG INVESTIGATION COORDINATION AND INFORMATION COLLECTION.
(a) Coordination.--The Attorney General (or the Attorney General's
designee), in consultation with the Secretary of the Treasury (or the
Secretary's designee), shall develop a national strategy to coordinate gang-
related investigations by Federal law enforcement agencies.
(b) Data Collection.--The Director of the Federal Bureau of Investigation
shall acquire and collect information on incidents of gang violence for
inclusion in an annual uniform crime report.
(c) Report.--The Attorney General shall prepare a report on national gang
violence outlining the strategy developed under subsection (a) to be
submitted to the President and Congress by January 1, 1996.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $1,000,000 for fiscal year 1996.
SEC. 150007. MULTIJURISDICTIONAL GANG TASK FORCES.
Section 504(f) of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 is amended by inserting "victims assistance programs, or
multijurisdictional gang task forces" after "drug task forces".
TITLE XVI--CHILD PORNOGRAPHY
SEC. 160001. PENALTIES FOR INTERNATIONAL TRAFFICKING IN CHILD PORNOGRAPHY.
(a) Import Related Offense.--Chapter 110 of title 18, United States Code,
is amended by adding at the end the following new section:
"Sec. 2258. Production of sexually explicit depictions of a minor for
importation into the United States
"(a) Use of Minor.--A person who, outside the United States, employs,
uses, persuades, induces, entices, or coerces any minor to engage in, or who
has a minor assist any other person to engage in, or who transports any minor
with the intent that the minor engage in any sexually explicit conduct for
the purpose of producing any visual depiction of such conduct, intending that
the visual depiction will be imported into the United States or into waters
within 12 miles of the coast of the United States, shall be punished as
provided in subsection (c).
"(b) Use of Visual Depiction.--A person who, outside the United States,
knowingly receives, transports, ships, distributes, sells, or possesses with
intent to transport, ship, sell, or distribute any visual depiction of a
minor engaging in sexually explicit conduct (if the production of the visual
depiction involved the use of a minor engaging in sexually explicit conduct),
intending that the visual depiction will be imported into the United States
or into waters within a distance of 12 miles of the coast of the United
States, shall be punished as provided in subsection (c).
"(c) Penalties.--A person who violates subsection (a) or (b), or
conspires or attempts to do so--
"(1) shall be fined under this title, imprisoned not more than 10
years, or both; and
"(2) if the person has a prior conviction under this chapter or
chapter 109A, shall be fined under this title, imprisoned not more than
20 years, or both.".
(b) Technical Amendment.--
(1) Chapter analysis.--The chapter analysis for chapter 110 of title
18, United States Code, is amended by adding at the end the following new
item:
"2258. Production of sexually explicit depictions of a minor for importation
into the United States.".
(2) Fine provisions.--Section 2251(d) of title 18, United States
Code, is amended--
(A) by striking "not more than $100,000, or" and inserting "under
this title,";
(B) by striking "not more than $200,000, or" and inserting "under
this title,"; and
(C) by striking "not more than $250,000" and inserting "under
this title".
(c) Section 2251 Penalty Enhancement.--Section 2251(d) of title 18,
United States Code, is amended by striking "this section" the second place it
appears and inserting "this chapter or chapter 109A".
(d) Section 2252 Penalty Enhancement.--Section 2252(b)(1) of title 18,
United States Code, is amended by striking "this section" and inserting "this
chapter or chapter 109A".
(e) Conspiracy and Attempt.--Sections 2251(d) and 2252(b) of title 18,
United States Code, are each amended by inserting ", or attempts or conspires
to violate," after "violates" each place it appears.
(f) RICO Amendment.--Section 1961(l) of title 18, United States Code, is
amended by striking "2251-2252" and inserting "2251, 2251A, 2252, and 2258".
(g) Transportation of Minors.--Section 2423 of title 18, United States
Code, is amended--
(1) by striking "(a) Whoever" and inserting "(a) Transportation With
Intent To Engage in Criminal Sexual Activity.--A person who"; and
(2) by adding at the end the following new subsection:
"(b) Travel With Intent To Engage in Sexual Act With a Juvenile.--A
person who travels in interstate commerce, or conspires to do so, or a United
States citizen or an alien admitted for permanent residence in the United
States who travels in foreign commerce, or conspires to do so, for the
purpose of engaging in any sexual act (as defined in section 2245) with a
person under 18 years of age that would be in violation of chapter 109A if
the sexual act occurred in the special maritime and territorial jurisdiction
of the United States shall be fined under this title, imprisoned not more
than 10 years, or both.".
SEC. 160002. SENSE OF CONGRESS CONCERNING STATE LEGISLATION REGARDING CHILD
PORNOGRAPHY.
It is the sense of the Congress that each State that has not yet done so
should enact legislation prohibiting the production, distribution, receipt,
or simple possession of materials depicting a person under 18 years of age
engaging in sexually explicit conduct (as defined in section 2256 of title
18, United States Code) and providing for a maximum imprisonment of at least
1 year and for the forfeiture of assets used in the commission or support of,
or gained from, such offenses.
SEC. 160003. CONFIRMATION OF INTENT OF CONGRESS IN ENACTING SECTIONS 2252 AND
2256 OF TITLE 18, UNITED STATES CODE.
(a) Declaration.--The Congress declares that in enacting sections 2252
and 2256 of title 18, United States Code, it was and is the intent of
Congress that--
(1) the scope of "exhibition of the genitals or pubic area" in
section 2256(2)(E), in the definition of "sexually explicit conduct", is
not limited to nude exhibitions or exhibitions in which the outlines of
those areas were discernible through clothing; and
(2) the requirements in section 2252(a) (1)(A), (2)(A), (3)(B)(i),
and (4)(B)(i) that the production of a visual depiction involve the use
of a minor engaging in "sexually explicit conduct" of the kind described
in section 2256(2)(E) are satisfied if a person photographs a minor in
such a way as to exhibit the child in a lascivious manner.
(b) Sense of the Congress.--It is the sense of the Congress that in
filing its brief in United States v. Knox, No. 92-1183, and thereby depriving
the United States Supreme Court of the adverseness necessary for full and
fair presentation of the issues arising in the case, the Department of
Justice did not accurately reflect the intent of Congress in arguing that
"the videotapes in [the Knox case] constitute 'lascivious exhibition[s] of
the genitals or pubic area' only if those body parts are visible in the tapes
and the minors posed or acted lasciviously.".
TITLE XVII--CRIMES AGAINST CHILDREN
Subtitle A--Jacob Wetterling Crimes Against Children and Sexually Violent
Offender Registration Act
SEC. 170101. ESTABLISHMENT OF PROGRAM.
(a) In General.--
(1) State guidelines.--The Attorney General shall establish
guidelines for State programs that require--
(A) a person who is convicted of a criminal offense against a
victim who is a minor or who is convicted of a sexually violent
offense to register a current address with a designated State law
enforcement agency for the time period specified in subparagraph (A)
of subsection (b)(6); and
(B) a person who is a sexually violent predator to register a
current address with a designated State law enforcement agency unless
such requirement is terminated under subparagraph (B) of subsection
(b)(6).
(2) Court determination.--A determination that a person is a sexually
violent predator and a determination that a person is no longer a
sexually violent predator shall be made by the sentencing court after
receiving a report by a State board composed of experts in the field of
the behavior and treatment of sexual offenders.
(3) Definitions.--For purposes of this section:
(A) The term "criminal offense against a victim who is a minor"
means any criminal offense that consists of--
(i) kidnapping of a minor, except by a parent;
(ii) false imprisonment of a minor, except by a parent;
(iii) criminal sexual conduct toward a minor;
(iv) solicitation of a minor to engage in sexual conduct;
(v) use of a minor in a sexual performance;
(vi) solicitation of a minor to practice prostitution;
(vii) any conduct that by its nature is a sexual offense
against a minor; or
(viii) an attempt to commit an offense described in any of
clauses (i) through (vii), if the State--
(I) makes such an attempt a criminal offense; and
(II) chooses to include such an offense in those which
are criminal offenses against a victim who is a minor for the
purposes of this section.
For purposes of this subparagraph conduct which is criminal only
because of the age of the victim shall not be considered a criminal
offense if the perpetrator is 18 years of age or younger.
(B) The term "sexually violent offense" means any criminal
offense that consists of aggravated sexual abuse or sexual abuse (as
described in sections 2241 and 2242 of title 18, United States Code,
or as described in the State criminal code) or an offense that has as
its elements engaging in physical contact with another person with
intent to commit aggravated sexual abuse or sexual abuse (as
described in such sections of title 18, United States Code, or as
described in the State criminal code).
(C) The term "sexually violent predator" means a person who has
been convicted of a sexually violent offense and who suffers from a
mental abnormality or personality disorder that makes the person
likely to engage in predatory sexually violent offenses.
(D) The term "mental abnormality" means a congenital or acquired
condition of a person that affects the emotional or volitional
capacity of the person in a manner that predisposes that person to
the commission of criminal sexual acts to a degree that makes the
person a menace to the health and safety of other persons.
(E) The term "predatory" means an act directed at a stranger, or
a person with whom a relationship has been established or promoted
for the primary purpose of victimization.
(b) Registration Requirement Upon Release, Parole, Supervised Release, or
Probation.--An approved State registration program established under this
section shall contain the following elements:
(1) Duty of state prison official or court.--
(A) If a person who is required to register under this section is
released from prison, or placed on parole, supervised release, or
probation, a State prison officer, or in the case of probation, the
court, shall--
(i) inform the person of the duty to register and obtain the
information required for such registration;
(ii) inform the person that if the person changes residence
address, the person shall give the new address to a designated
State law enforcement agency in writing within 10 days;
(iii) inform the person that if the person changes residence
to another State, the person shall register the new address with
the law enforcement agency with whom the person last registered,
and the person is also required to register with a designated law
enforcement agency in the new State not later than 10 days after
establishing residence in the new State, if the new State has a
registration requirement;
(iv) obtain fingerprints and a photograph of the person if
these have not already been obtained in connection with the
offense that triggers registration; and
(v) require the person to read and sign a form stating that
the duty of the person to register under this section has been
explained.
(B) In addition to the requirements of subparagraph (A), for a
person required to register under subparagraph (B) of subsection
(a)(1), the State prison officer or the court, as the case may be,
shall obtain the name of the person, identifying factors, anticipated
future residence, offense history, and documentation of any treatment
received for the mental abnormality or personality disorder of the
person.
(2) Transfer of information to state and the fbi.--The officer, or in
the case of a person placed on probation, the court, shall, within 3 days
after receipt of information described in paragraph (1), forward it to a
designated State law enforcement agency. The State law enforcement agency
shall immediately enter the information into the appropriate State law
enforcement record system and notify the appropriate law enforcement
agency having jurisdiction where the person expects to reside. The State
law enforcement agency shall also immediately transmit the conviction
data and fingerprints to the Federal Bureau of Investigation.
(3) Verification.--
(A) For a person required to register under subparagraph (A) of
subsection (a)(1), on each anniversary of the person's initial
registration date during the period in which the person is required
to register under this section the following applies:
(i) The designated State law enforcement agency shall mail a
nonforwardable verification form to the last reported address of
the person.
(ii) The person shall mail the verification form to the
designated State law enforcement agency within 10 days after
receipt of the form.
(iii) The verification form shall be signed by the person,
and state that the person still resides at the address last
reported to the designated State law enforcement agency.
(iv) If the person fails to mail the verification form to the
designated State law enforcement agency within 10 days after
receipt of the form, the person shall be in violation of this
section unless the person proves that the person has not changed
the residence address.
(B) The provisions of subparagraph (A) shall be applied to a
person required to register under subparagraph (B) of subsection
(a)(1), except that such person must verify the registration every 90
days after the date of the initial release or commencement of parole.
(4) Notification of local law enforcement agencies of changes in
address.--A change of address by a person required to register under this
section reported to the designated State law enforcement agency shall be
immediately reported to the appropriate law enforcement agency having
jurisdiction where the person is residing. The designated law enforcement
agency shall, if the person changes residence to another State, notify
the law enforcement agency with which the person must register in the new
State, if the new State has a registration requirement.
(5) Registration for change of address to another state.--A person
who has been convicted of an offense which requires registration under
this section shall register the new address with a designated law
enforcement agency in another State to which the person moves not later
than 10 days after such person establishes residence in the new State, if
the new State has a registration requirement.
(6) Length of registration.--
(A) A person required to register under subparagraph (A) of
subsection (a)(1) shall continue to comply with this section until 10
years have elapsed since the person was released from prison, placed
on parole, supervised release, or probation.
(B) The requirement of a person to register under subparagraph
(B) of subsection (a)(1) shall terminate upon a determination, made
in accordance with paragraph (2) of subsection (a), that the person
no longer suffers from a mental abnormality or personality disorder
that would make the person likely to engage in a predatory sexually
violent offense.
(c) Penalty.--A person required to register under a State program
established pursuant to this section who knowingly fails to so register and
keep such registration current shall be subject to criminal penalties in any
State in which the person has so failed. 33
(d) Release of Information.--The information collected under a State
registration program shall be treated as private data except that--
(1) such information may be disclosed to law enforcement agencies for
law enforcement purposes;
(2) such information may be disclosed to government agencies
conducting confidential background checks; and
(3) the designated State law enforcement agency and any local law
enforcement agency authorized by the State agency may release relevant
information that is necessary to protect the public concerning a specific
person required to register under this section, except that the identity
of a victim of an offense that requires registration under this section
shall not be released.
(e) Immunity for Good Faith Conduct.--Law enforcement agencies, employees
of law enforcement agencies, and State officials shall be immune from
liability for good faith conduct under this section.
(f) Compliance.--
(1) Compliance date.--Subject to paragraph (2), each State shall have
not more than 3 years from the date of enactment of this Act in which to
implement this section, except that the Attorney General may grant an
additional 2 years to a State that is making good faith efforts to
implement this section.
(2) Ineligibility for funds.--
(A) A State that fails to implement the program as described in
this section shall not receive 10 percent of the funds that would
otherwise be allocated to the State under section 506 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3765).
(B) Reallocation of funds.--Any funds that are not allocated for
failure to comply with this section shall be reallocated to States
that comply with this section.
Subtitle B--Assaults Against Children
SEC. 170201. ASSAULTS AGAINST CHILDREN.
(a) Simple Assault.--Section 113(e) of title 18, United States Code, is
amended by inserting ", or if the victim of the assault is an individual who
has not attained the age of 16 years, by fine under this title or
imprisonment for not more than 1 year, or both" before the period.
(b) Assaults Resulting in Substantial Bodily Injury.--Section 113 of
title 18, United States Code, is amended by adding at the end the following:
"(7) Assault resulting in substantial bodily injury to an individual
who has not attained the age of 16 years, by fine under this title or
imprisonment for not more than 5 years, or both.".
(c) Technical and Stylistic Changes to Section 113.--Section 113 of title
18, United States Code, is amended--
(1) in paragraph (b), by striking "of not more than $3,000" and
inserting "under this title";
(2) in paragraph (c), by striking "of not more than $1,000" and
inserting "under this title";
(3) in paragraph (d), by striking "of not more than $500" and
inserting "under this title";
(4) by modifying the left margin of each of paragraphs (a) through
(f) so that they are indented 2 ems;
(5) by redesignating paragraphs (a) through (f) as paragraphs (1)
through (6); and
(6) by inserting "(a)" before "Whoever".
(d) Definitions.--Section 113 of title 18, United States Code, is amended
by adding at the end the following:
"(b) As used in this subsection--
"(1) the term 'substantial bodily injury' means bodily injury which
involves--
"(A) a temporary but substantial disfigurement; or
"(B) a temporary but substantial loss or impairment of the
function of any bodily member, organ, or mental faculty; and
"(2) the term 'serious bodily injury' has the meaning given that term
in section 1365 of this title.".
(e) Assaults in Indian Country.--Section 1153(a) of title 18, United
States Code, is amended by inserting "(as defined in section 1365 of this
title), an assault against an individual who has not attained the age of 16
years" after "serious bodily injury".
Subtitle C--Missing and Exploited Children
SEC. 170301. SHORT TITLE.
This subtitle may be cited as the "Morgan P. Hardiman Task Force on
Missing and Exploited Children Act".
SEC. 170302. PURPOSE.
The purpose of this subtitle is to establish a task force comprised of
law enforcement officers from pertinent Federal agencies to work with the
National Center for Missing and Exploited Children (referred to as the
"Center") and coordinate the provision of Federal law enforcement resources
to assist State and local authorities in investigating the most difficult
cases of missing and exploited children.
SEC. 170303. ESTABLISHMENT OF TASK FORCE.
Title IV of the Juvenile Justice and Delinquency Prevention Act of 1974
(42 U.S.C. 5771 et seq.) is amended--
(1) by redesignating sections 407 and 408 as sections 408 and 409,
respectively; and
(2) by inserting after section 406 the following new section:
"TASK FORCE
"Sec. 407. (a) Establishment.--There is established a Missing and
Exploited Children's Task Force (referred to as the "Task Force").
"(b) Membership.--
"(1) In general.--The Task Force shall include at least 2 members
from each of--
"(A) the Federal Bureau of Investigation;
"(B) the Secret Service;
"(C) the Bureau of Alcohol, Tobacco and Firearms;
"(D) the United States Customs Service;
"(E) the Postal Inspection Service;
"(F) the United States Marshals Service; and
"(G) the Drug Enforcement Administration.
"(2) Chief.--A representative of the Federal Bureau of Investigation
(in addition to the members of the Task Force selected under paragraph
(1)(A)) shall act as chief of the Task Force.
"(3) Selection.--(A) The Director of the Federal Bureau of
Investigation shall select the chief of the Task Force.
"(B) The heads of the agencies described in paragraph (1) shall
submit to the chief of the Task Force a list of at least 5 prospective
Task Force members, and the chief shall select 2, or such greater number
as may be agreeable to an agency head, as Task Force members.
"(4) Professional qualifications.--The members of the Task Force
shall be law enforcement personnel selected for their expertise that
would enable them to assist in the investigation of cases of missing and
exploited children.
"(5) Status.--A member of the Task Force shall remain an employee of
his or her respective agency for all purposes (including the purpose of
performance review), and his or her service on the Task Force shall be
without interruption or loss of civil service privilege or status and
shall be on a nonreimbursable basis.
"(6) Period of service.--(A) Subject to subparagraph (B), 1 member
from each agency shall initially serve a 1-year term, and the other
member from the same agency shall serve a 1-year term, and may be
selected to a renewal of service for 1 additional year; thereafter, each
new member to serve on the Task Force shall serve for a 2-year period
with the member's term of service beginning and ending in alternate years
with the other member from the same agency; the period of service for the
chief of the Task Force shall be 3 years.
"(B) The chief of the Task Force may at any time request the head of
an agency described in paragraph (1) to submit a list of 5 prospective
Task Force members to replace a member of the Task Force, for the purpose
of maintaining a Task Force membership that will be able to meet the
demands of its caseload.
"(c) Support.--
"(1) In general.--The Administrator of the General Services
Administration, in coordination with the heads of the agencies described
in subsection (b)(1), shall provide the Task Force office space and
administrative and support services, such office space to be in close
proximity to the office of the Center, so as to enable the Task Force to
coordinate its activities with that of the Center on a day-to-day basis.
"(2) Legal guidance.--The Attorney General shall assign an attorney
to provide legal guidance, as needed, to members of the Task Force.
"(d) Purpose.--
"(1) In general.--The purpose of the Task Force shall be to make
available the combined resources and expertise of the agencies described
in paragraph (1) to assist State and local governments in the most
difficult missing and exploited child cases nationwide, as identified by
the chief of the Task Force from time to time, in consultation with the
Center, and as many additional cases as resources permit, including the
provision of assistance to State and local investigators on location in
the field.
"(2) Technical assistance.--The role of the Task Force in any
investigation shall be to provide advice and technical assistance and to
make available the resources of the agencies described in subsection
(b)(1); the Task Force shall not take a leadership role in any such
investigation.
"(e) Cross-Designation of Task Force Members.--The Attorney General may
cross-designate the members of the Task Force with jurisdiction to enforce
Federal law related to child abduction to the extent necessary to accomplish
the purposes of this section.".
TITLE XVIII--RURAL CRIME
Subtitle A--Drug Trafficking in Rural Areas
SEC. 180101. AUTHORIZATIONS FOR RURAL LAW ENFORCEMENT AGENCIES.
(a) Authorization of Appropriations.--Section 1001(a)(9) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 is amended to read as
follows:
"(9) There are authorized to be appropriated to carry out part O--
"(A) $24,000,000 for fiscal year 1996;
"(B) $40,000,000 for fiscal year 1997;
"(C) $50,000,000 for fiscal year 1998;
"(D) $60,000,000 for fiscal year 1999; and
"(E) $66,000,000 for fiscal year 2000.".
(b) Amendment to Base Allocation.--Section 1501(a)(2)(A) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 is amended by striking
"$100,000" and inserting "$250,000".
(c) Clarification.--Section 1501(b) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. Sec. 3796bb(b)) is amended by
inserting ", based on the decennial census of 1990 through fiscal year 1997"
before the period.
SEC. 180102. RURAL CRIME AND DRUG ENFORCEMENT TASK FORCES.
(a) Establishment.--The Attorney General, in consultation with the
Governors, mayors, and chief executive officers of State and local law
enforcement agencies, may establish a Rural Crime and Drug Enforcement Task
Force in judicial districts that encompass significant rural lands. Assets
seized as a result of investigations initiated by a Rural Crime and Drug
Enforcement Task Force and forfeited under Federal law shall be used,
consistent with the guidelines on equitable sharing established by the
Attorney General and of the Secretary of the Treasury, primarily to enhance
the operations of the task force and its participating State and local law
enforcement agencies.
(b) Task Force Membership.--The Task Forces established under subsection
(a) shall be carried out under policies and procedures established by the
Attorney General. The Attorney General may deputize State and local law
enforcement officers and may cross-designate up to 100 Federal law
enforcement officers, when necessary to undertake investigations pursuant to
section 503(a) of the Controlled Substances Act (21 U.S.C. 873(a)) or
offenses punishable by a term of imprisonment of 10 years or more under title
18, United States Code. The task forces--
(1) shall include representatives from--
(A) State and local law enforcement agencies;
(B) the office of the United States Attorney for the judicial
district; and
(C) the Federal Bureau of Investigation, the Drug Enforcement
Administration, the Immigration and Naturalization Service, and the
United States Marshals Service; and
(2) may include representatives of other Federal law enforcement
agencies, such as the United States Customs Service, United States Park
Police, United States Forest Service, Bureau of Alcohol, Tobacco, and
Firearms, and Bureau of Land Management.
SEC. 180103. RURAL DRUG ENFORCEMENT TRAINING.
(a) Specialized Training for Rural Officers.--The Director of the Federal
Law Enforcement Training Center shall develop a specialized course of
instruction devoted to training law enforcement officers from rural agencies
in the investigation of drug trafficking and related crimes.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out subsection (a)--
(1) $1,000,000 for fiscal year 1996;
(2) $1,000,000 for fiscal year 1997;
(3) $1,000,000 for fiscal year 1998;
(4) $1,000,000 for fiscal year 1999; and
(5) $1,000,000 for fiscal year 2000.
SEC. 180104. MORE AGENTS FOR THE DRUG ENFORCEMENT ADMINISTRATION.
There are authorized to be appropriated for the hiring of additional Drug
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 commerce (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) Subsequent 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 term of supervised release authorized by section
401(b) for a first offense.".
(2) Technical amendments.--
(A) Cross reference.--Section 401(b) of the Controlled Substances
Act (21 U.S.C. 841(b)) is amended by inserting "409," before "418,"
each place it appears.
(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. Transportation 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 1994 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 level.
TITLE XIX--FEDERAL LAW ENFORCEMENT
SEC. 190001. FEDERAL JUDICIARY AND FEDERAL LAW ENFORCEMENT.
(a) Authorization of Additional Appropriations for the Federal
Judiciary.--
Federal judiciary.--There are authorized to be appropriated for the
activities of the Federal Judiciary to help meet the increased demands
for judicial activities, including supervised 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 increased demands for Department
of Justice activities that will result from enactment into law of this Act--
(A) $40,000,000 for fiscal year 1996;
(B) $40,000,000 for fiscal year 1997;
(C) $40,000,000 for fiscal year 1998;
(D) $40,000,000 for fiscal year 1999; and
(E) $39,000,000 for fiscal year 2000.
(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) $35,000,000 for fiscal year 1996;
(B) $40,000,000 for fiscal year 1997;
(C) $50,000,000 for fiscal year 1998;
(D) $60,000,000 for fiscal year 1999; and
(E) $60,000,000 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) $8,000,000 for fiscal year 1997;
(C) $10,000,000 for fiscal year 1998;
(D) $12,000,000 for fiscal year 1999; and
(E) $15,000,000 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 the Treasury activities that will result from
enactment into law of this Act--
(A) $30,000,000 for fiscal year 1995;
(B) $70,000,000 for fiscal year 1996;
(C) $90,000,000 for fiscal year 1997;
(D) $110,000,000 for fiscal year 1998;
(E) $125,000,000 for fiscal year 1999; and
(F) $125,000,000 for fiscal year 2000.
TITLE XX--POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING AND EDUCATION
Subtitle A--Police Corps
SEC. 200101. SHORT TITLE.
This subtitle may be cited as the "Police Corps Act".
SEC. 200102. PURPOSES.
The purposes of this subtitle are to--
(1) address violent crime by increasing the number of police with
advanced education 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 Director.
"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 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. ESTABLISHMENT 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.
SEC. 200105. DESIGNATION OF LEAD AGENCY AND SUBMISSION OF 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, representatives 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 advertise the assistance
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.
SEC. 200106. SCHOLARSHIP ASSISTANCE.
(a) Scholarships Authorized.--(1) The Director may award scholarships 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 education.
(B) In the case of a participant who is pursuing a course of educational
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 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 educational
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 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 educational
expenses.
(d) Agreement.--(1)(A) Each participant receiving a scholarship 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 sufficient 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--
(I) an educational course of study and receipt of a baccalaureate
degree (in the case of undergraduate study) or the reward of credit
to the participant for having completed one or more graduate courses
(in the case of graduate study); and
(II) Police Corps training and certification by the Director 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 (i) and (ii) are
not complied with.
(2)(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--
(i) dies; or
(ii) becomes permanently and totally disabled as established by the
sworn affidavit of a qualified physician.
(B) If a scholarship recipient is unable to comply with the repayment
provision set forth in paragraph (1)(B)(ii) because of a physical or
emotional disability or for good cause as determined by 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 officer--
(1) who is a member of a State or local police force or is a Federal
criminal investigator or uniformed police officer,
(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.
(f) 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 officer;
(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 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 previous law
enforcement experience.
(2)(A) Until the date that is 5 years after the date of enactment of this
Act, up to 10 percent of the applicants accepted into the Police Corps
program may be persons who--
(i) 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 section 200109, and such a
participant shall be subject to the same benefits and obligations under this
subtitle as other participants, including those stated in section (b)(1) (E)
and (F).
(ii) Clause (i) shall not be construed to preclude counting a
participant's previous period of law enforcement experience for purposes
other than satisfaction of the requirements of section 200109, such as for
purposes of determining such a participant's pay and other benefits, rank,
and tenure.
(3) It is the intent of this subtitle that there shall be no more than
20,000 participants in each graduating class. The Director shall approve
State plans providing in the aggregate for such enrollment of applicants as
shall assure, as nearly as possible, annual graduating classes of 20,000. In
a year in which applications are received in a number greater than that which
will produce, in the judgment of the Director, a graduating class of more
than 20,000, the Director shall, in deciding which applications to grant,
give preference to those who will be participating in State plans that
provide law enforcement personnel to areas of greatest need.
(c) Recruitment of Minorities.--Each State participating in the Police
Corps program shall make special efforts to seek and recruit applicants from
among members of all racial, ethnic or gender groups. This subsection does
not authorize an exception from the competitive standards for admission
established pursuant to subsections (a) and (b).
(d) Enrollment of Applicant.--(1) An applicant shall be accepted into a
State Police Corps program on the condition that the applicant will be
matriculated in, or accepted for admission at, a 4-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 in
paragraph (1), the applicant's acceptance in the program shall be revoked.
(e) Leave of Absence.--(1) A participant in a State Police Corps program
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) due to temporary physical or emotional disability shall
be granted such 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 TRAINING.
(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, institutions
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 utilize 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) Training 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.
(d) Course of Training.--The training sessions at training centers
established under this section shall be designed to provide 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 satisfactorily completed, section 200106(d)(1)(B)(iii)
shall not apply.
SEC. 200110. STATE PLAN REQUIREMENTS.
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 participants 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 geographic
areas in which--
(A) there is the greatest need for additional law enforcement
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 from 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 completion 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 assigned 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
(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 APPROPRIATIONS.
There are authorized to be appropriated $20,000,000 to carry out this
subtitle for each of the fiscal years 1996 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 baccalaureate
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.
"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.
SEC. 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. ESTABLISHMENT OF PROGRAM.
(a) Use of Allotment.--
(1) In general.--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 enforcement 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) employment
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 enforcement agencies
for students who are juniors or seniors in high school or are
enrolled in an institution of higher education and who demonstrate an
interest in undertaking a career in law enforcement;
(B) shall not be in a law 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 Secretary for Postsecondary
Education, issue rules to implement this subtitle.
(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.
SEC. 200205. SCHOLARSHIPS.
(a) Period of 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 employment
program for which assistance under this subtitle is sought;
(2) contain assurances that the lead agency will work in cooperation
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 implement interagency agreements
designed to carry out this subtitle;
(3) contain assurances that the State will advertise the scholarship
assistance and student employment it will provide 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;
(5) contain 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 scholarships under this subtitle;
(7) with respect to such student employment program, identify--
(A) the employment tasks that students will be assigned to
perform;
(B) the compensation that students will be paid to perform 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 meet
the educational and professional needs of law enforcement personnel; and
(9) contain assurances that the State will promote cooperative
agreements with educational and law enforcement agencies to enhance law
enforcement personnel recruitment efforts in institutions of higher
education.
SEC. 200208. LOCAL APPLICATION.
(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 information as the State may reasonably
require.
(b) Contents.--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 employment
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 General.--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--
(1) provide assurances that the scholarship recipient will work in a
law enforcement position in the State that awarded the scholarship in
accordance with the service obligation described in subsection (c) after
completion of the scholarship recipient's academic courses leading to an
associate, bachelor, or graduate 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 established 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 the scholarship
recipient may seek employment in the field of law enforcement in a State
other than the State that awarded the scholarship.
(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. AUTHORIZATION OF APPROPRIATIONS.
(a) General Authorization of Appropriations.--There are authorized to be
appropriated to carry out this subtitle--
(1) $20,000,000 for fiscal year 1996;
(2) $20,000,000 for fiscal year 1997;
(3) $20,000,000 for fiscal year 1998;
(4) $20,000,000 for fiscal year 1999; and
(5) $20,000,000 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 provide 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 through 2000
such sums as may be necessary to carry out the programs under parts D and E
of title I of the Omnibus Crime Control 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--
"(1) 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 provide 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.
"(b) Required Activities.--A law enforcement agency or organization that
receives funds under this part shall provide at least one of the following
services:
"(1) 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 (5).
"(c) Optional Activities.--A law enforcement agency or organization that
receives funds under this part may provide the following services:
"(1) 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. APPLICATIONS.
"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 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 enforcement agency or $250,000
to a law enforcement organization for a period not to exceed 5 years. In any
application from a State or local law enforcement agency or organization for
a grant to continue a program for the second, third, fourth, or fifth fiscal
year following the first fiscal year in which a grant was awarded to such
agency, the Attorney General shall review the progress made toward meeting
the objectives of the program. The Attorney General may refuse to 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 programs; 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 promote or
improve the morale and well being of law enforcement personnel and their
families; and
"(2) the term 'law enforcement personnel' means individuals employed
by Federal, State, and local law enforcement agencies.".
(b) Technical Amendment.--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 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.
"Part V--Transition-Effective Date-Repeals
"Sec. 2301. Continuation of rules, authorities, and privileges.".
(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 W--
"(1) $2,500,000 for fiscal year 1996;
"(2) $4,000,000 for fiscal year 1997;
"(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. SHORT TITLE.
This subtitle may be cited as the "DNA Identification Act of 1994".
SEC. 210302. FUNDING TO IMPROVE THE QUALITY AND AVAILABILITY OF DNA ANALYSES
FOR LAW ENFORCEMENT IDENTIFICATION PURPOSES.
(a) Drug Control and System Improvement Grant Program.--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, is amended--
(1) by striking "and" at the end of paragraph (23);
(2) by striking the period at the end of paragraph (24) and inserting
"; and"; and
(3) by adding at the end the following new paragraph:
"(25) developing or improving in a forensic laboratory a capability
to analyze deoxyribonucleic acid (hereinafter in this title referred to
as 'DNA') for identification purposes.".
(b) State Applications.--Section 503(a) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3753(a)) is amended by adding
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 analysis capability in a
forensic laboratory, a certification that--
"(A) DNA analyses performed at such 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;
"(B) DNA samples obtained by, and DNA analyses performed at, such
laboratory will be accessible only--
"(i) to criminal justice agencies for law enforcement
identification purposes;
"(ii) in judicial proceedings, if otherwise admissible
pursuant to applicable statutes or rules;
"(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
"(iv) if personally identifiable information is removed, for
a population statistics database, for identification research and
protocol development 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
Identification Act of 1994.".
(c) DNA Identification Grants.--
(1) 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 AUTHORIZATION.
"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 performed at the
laboratory shall be made available only--
"(A) to criminal justice agencies for law enforcement
identification 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 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 research 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 proficiency testing program that
meets the standards issued under section 210303 of the DNA Identification
Act of 1994.
"SEC. 2404. ADMINISTRATIVE 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 required.
"SEC. 2405. RESTRICTIONS ON USE OF FUNDS.
"(a) Federal 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 require.
"(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--
"(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 following:
"Part X--DNA Identification Grants
"Sec. 2401. Grant authorization.
"Sec. 2402. Applications.
"Sec. 2403. Application requirements.
"Sec. 2404. Administrative provisions.
"Sec. 2405. Restrictions on use of funds.
"Sec. 2406. Reports.
"Sec. 2407. Expenditure records.
"Part Y--Transition-Effective Date-Repealer
"Sec. 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 section shall take
effect on the date that is 60 days after the date of enactment of this
Act.
SEC. 210303. QUALITY ASSURANCE AND PROFICIENCY TESTING 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 methods from among nominations proposed by the
head of the National Academy of Sciences and professional societies of crime
laboratory officials.
(B) The advisory board shall include as members scientists from State,
local, and private forensic laboratories, molecular geneticists and
population 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 forensic analysts, in
conducting analyses of DNA.
(2) The Director of the Federal Bureau of Investigation, after taking
into 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 forensic analysts, in
conducting analyses of DNA.
(3) The standards described in paragraphs (1) and (2) shall specify
criteria for quality assurance and proficiency tests to be applied to the
various types of DNA analyses used by forensic laboratories. The standards
shall also include a system for grading proficiency testing performance to
determine whether a laboratory is performing acceptably.
(4) Until such time as the advisory board has made recommendations to the
Director of the Federal Bureau of Investigation and the Director has acted
upon those recommendations, the quality assurance guidelines adopted by the
technical working group on DNA analysis methods shall be deemed the
Director's standards for purposes of this section.
(b) Administration of the Advisory Board.--(1) For administrative
purposes, the advisory board appointed under subsection (a) shall be
considered 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. App.)
shall not apply with respect to the advisory board appointed under subsection
(a).
(3) The DNA advisory board established under this section shall 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 5 years after the initial
appointments are made to the board, unless the existence of the board is
extended by the Director of the Federal Bureau of Investigation.
(c) Proficiency Testing Program.--(1) Not later than 1 year after the
effective date of this Act, the Director of the National Institute of Justice
shall certify to the Committees on the Judiciary of the House and Senate
that--
(A) the Institute has entered into a contract with, or made a grant
to, an appropriate entity for 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;
(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 INFORMATION.
(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;
(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 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 research and
protocol development purposes, or for quality control purposes.
(c) Failure To Comply.--Access to the index established by this section
is subject to cancellation if the quality control and privacy requirements
described in subsection (b) are not met.
SEC. 210305. FEDERAL BUREAU OF INVESTIGATION.
(a) Proficiency Testing Requirements.--
(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 that is
presented to the laboratory through a second agency and appears to the
analysts to involve routine evidence.
(2) Report.--For 5 years after the date of enactment of this Act, the
Director of the Federal Bureau of Investigation shall submit to the
Committees on the Judiciary of the House and Senate an annual report on
the results of each of the tests described in paragraph (1).
(b) Privacy Protection Standards.--
(1) Generally.--Except as provided in paragraph (2), the results of
DNA tests performed for a Federal law enforcement agency 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 pursuant to
applicable statues or rules; and
(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.
(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.
(2) A person who, without authorization, knowingly obtains DNA samples or
individually identifiable DNA information indexed in a database created or
maintained by any Federal law enforcement agency shall be fined not more than
$100,000.
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 1999; 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 juveniles 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.
(a) Grants.--
(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 organizations for the
purposes of improving criminal justice agency efficiency through
computerized automation and technological improvements.
(2) Types of programs.--Grants under this section may include
programs to--
(A) increase use of mobile digital terminals;
(B) improve communications systems, such as computer-aided
dispatch and incident reporting systems;
(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.--
(1) In general.--The Attorney General shall, subject to the
availability 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 active support of
investigations by Federal, State, and local law enforcement agencies
of violent serial crimes.
(2) Improvement of facilities.--The improvement described in
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 information
system described in paragraph (1)(B) shall be developed and implemented
by the Federal Bureau of Investigation and shall utilize the resources of
the Violent 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 1997;
(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 is recognized as eligible
for the special programs and services provided by the United States to
Indians because of their status as Indians.
"State" means a State, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands, American
Samoa, Guam, and the United States Virgin Islands.
Subtitle F--Other State and Local Aid
SEC. 210601. REAUTHORIZATION 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";
(6) in paragraph (7) by striking "1991, 1992, 1993, and 1994," and
inserting "1994 and 1995";
(7) in paragraph (8) by inserting "and 1995" after "1994"; and
(8) in paragraph (9) by inserting "and 1995" after "1994".
SEC. 210602. FEDERAL ASSISTANCE TO EASE THE INCREASED BURDENS ON STATE COURT
SYSTEMS RESULTING FROM ENACTMENT OF THIS ACT.
(a) In General.--The Attorney General shall, subject to the availability
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 participants 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
shall keep such records as the Attorney General may require to facilitate an
effective audit.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(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.
SEC. 210603. AVAILABILITY OF VIOLENT CRIME REDUCTION TRUST FUND TO FUND
ACTIVITIES AUTHORIZED BY THE BRADY HANDGUN VIOLENCE PREVENTION
ACT AND THE NATIONAL CHILD PROTECTION ACT OF 1993.
(a) Appropriations.--Of 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 1996, 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 Act".
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 develop, in cooperation 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 vehicle 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 owner's 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 displaying
program decals or devices under specified conditions and take reasonable
steps to determine whether the vehicle is being operated by or with the
permission of the owner.
(b) Uniform Decal or Device Designs.--
(1) In general.--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
(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 voluntary consent form used to enroll in
the program shall--
(1) clearly state that participation in the program is voluntary;
(2) clearly explain that participation in the program means that, if
the participating vehicle is being operated under the specified
conditions, law enforcement officials may stop the vehicle and take
reasonable steps to determine whether it is being operated by or with the
consent of the owner, even if the law enforcement officials have no other
basis for believing that the vehicle is being operated unlawfully;
(3) include an express statement that the vehicle is not normally
operated under the specified conditions and that the operation of the
vehicle under those conditions would provide sufficient grounds for a
prudent law enforcement officer to reasonably believe that the vehicle
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 conditions under which participating motor vehicles 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 vehicle during certain hours of the day;
or
(B) the operation of the vehicle under other circumstances that
would provide a sufficient basis for establishing a reasonable
suspicion that the vehicle 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
vehicles may be stopped. If more than one set of conditions is
established, a separate consent form and a separate design for program
decals or devices 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 devices 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 vehicle may be stopped if affixed with a
certain decal or device 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 vehicles under all sets
of conditions specified under the program in order 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 vehicles and who rents or leases a motor vehicle
on which a program decal or device is affixed 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 officials even if the officials have no other basis for
believing that the vehicle is being operated unlawfully.
(3) Fine for failure 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 program.
(g) Regulations.--The Attorney General shall 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 follows:
"(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, or both.".
(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 (B);
(2) by striking the period at the end of subparagraph (C) and
inserting "; and"; and
(3) by adding at the end the following new subparagraph:
"(D) a person who removes, obliterates, tampers with, or alters a
decal or device affixed to a motor vehicle pursuant to the Motor
Vehicle Theft Prevention Act, if that person is the owner of the
motor vehicle, or is authorized to remove, 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 Prevention 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 covering a program decal or device affixed to a motor vehicle
pursuant to the Motor Vehicle Theft Prevention Act for the purpose of
obstructing its visibility.".
(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:
"Sec. 511A. Unauthorized application of theft prevention decal or device
"(a) Whoever affixes to a motor vehicle a theft prevention decal or other
device, or a replica thereof, unless authorized to do so pursuant to the
Motor Vehicle Theft Prevention Act, shall be punished by a fine not to exceed
$1,000.
"(b) For purposes of this section, the term 'theft prevention decal or
device' 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 adding after the item
relating to section 511 the following new item:
"511A. Unauthorized application of theft prevention decal or device.".
TITLE XXIII--VICTIMS OF CRIME
Subtitle A--Victims of Crime
SEC. 230101. VICTIM'S RIGHT OF ALLOCUTION IN SENTENCING.
(a) Modification 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);
(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 information in relation to the sentence.";
(4) in subdivision (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 designated by the
court if the victim is deceased or incapacitated;
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 against 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. 230102. SENSE OF THE SENATE CONCERNING THE RIGHT OF A VICTIM OF 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.
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 be available
for grants 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 section
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 percent of the
total amount deposited in the Fund during the preceding fiscal year as a
reserve for use in a year in which the Fund falls below the amount
available in the previous year. Such reserve 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, if the compensation paid by an
eligible crime victim compensation program would cover 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 regard to the
existence of the crime victim compensation program.".
SEC. 230203. ADMINISTRATIVE COSTS FOR CRIME VICTIM COMPENSATION.
(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:
"(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.
Section 1404(c)(1)(A) of the Victims of Crime Act of 1984 (42 U.S.C.
10603(c)(1)(A)) is amended by inserting "demonstration projects and" before
"training".
SEC. 230205. ADMINISTRATIVE COSTS FOR CRIME VICTIM ASSISTANCE.
(a) Creation of Exception.--Section 1404(b)(2) of the Victims of Crime
Act of 1984 (42 U.S.C. 10603(b)(2)) is amended by striking "An eligible" and
inserting "Except as provided in paragraph (3), an eligible".
(b) Requirements of Exception.--Section 1404(b) of the Victims of Crime
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 assistance program
receiving such sums.".
SEC. 230206. MAINTENANCE OF EFFORT.
Section 1407 of the Victims of Crime Act of 1984 (42 U.S.C. 10604) is
amended by adding at the end the following new subsection:
"(h) Each entity receiving sums made available under this Act for
administrative 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. CHANGE OF DUE DATE FOR REQUIRED REPORT.
Section 1407(g) of the Victims of Crime Act of 1984 (42 U.S.C. 10604(g))
is amended by striking "and on December 31 every two years thereafter", and
inserting "and on June 30 every two years thereafter".
SEC. 230208. AMENDMENT OF THE VICTIMS OF CRIME ACT.
Section 1404(a)(5)(B) of the Victims of Crime Act of 1984 (42 U.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 availability of
appropriations, award a grant to an eligible organization to assist the
organization in paying for the costs of planning, designing, establishing,
and operating a Missing Alzheimer's Disease Patient Alert Program, which
shall be a locally based, proactive program to protect and locate missing
patients with Alzheimer's disease and related dementias.
(b) Application.--To be eligible to receive a grant under subsection (a),
an organization shall submit an application to the Attorney General at such
time, in such manner, and containing such information 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) $900,000 for fiscal year 1996;
(2) $900,000 for fiscal year 1997; and
(3) $900,000 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 punishment for a
defendant commensurate with the degree of physical harm caused to the
elderly victim;
(2) the guidelines take appropriate account of the vulnerability of
the victim; and
(3) the guidelines provide enhanced punishment for a defendant
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) Definitions.--In this section--
"crime of violence" means an offense under section 113, 114, 1111,
1112, 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.
TITLE XXV--SENIOR CITIZENS AGAINST MARKETING SCAMS
SEC. 250001. SHORT TITLE.
This Act may be cited as the "Senior Citizens Against Marketing Scams Act
of 1994".
SEC. 250002. ENHANCED PENALTIES FOR TELEMARKETING FRAUD.
(a) Offense.--Part I of title 18, United States Code, is amended--
(1) by redesignating chapter 113A as chapter 113B; and
(2) by inserting after chapter 113 the following new chapter:
"CHAPTER 113A--TELEMARKETING FRAUD
"Sec.
"2325. Definition.
"2326. Enhanced penalties.
"2327. Mandatory restitution.
"Sec. 2325. Definition
"In this chapter, 'telemarketing'--
"(1) means a plan, program, promotion, or campaign that is conducted
to induce--
"(A) purchases of goods or services; or
"(B) participation in a contest or sweepstakes,
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 illustration;
and
"(D) has been issued not less frequently than once a year,
if the person making the solicitation does not solicit customers by
telephone but only receives calls initiated by customers in response to
the catalog and during those calls take orders without further
solicitation.
"Sec. 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, respectively.
"Sec. 2327. Mandatory 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 appropriate
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 may be 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.
"(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 in determining the
manner in which and the schedule according to which the restitution is to
be paid.
"(ii) For purposes of this subparagraph, the term 'economic
circumstances' includes--
"(I) the financial resources and other assets of the defendant;
"(II) projected earnings, earning capacity, and other income of
the defendant; and
"(III) 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 victim's
losses, and provides a nominal restitution award.
"(5) More than 1 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 1 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 direct 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 section 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 received 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 supervised 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 any grant, contract, loan, professional license, or
commercial license provided by an agency of the United States or with
appropriated funds of the United States if the defendant fails to comply
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 consider 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 United States
Attorney's delegee) to submit further affidavits or other supporting
documents, demonstrating the victim's losses.
"(3) Additional documentation 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 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 appropriate 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 findings 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 victim 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 guardian.".
(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:
"113A. 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. 250003. 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 victims 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. 250004. REWARDS FOR INFORMATION LEADING TO PROSECUTION AND CONVICTION.
Section 3059 of title 18, United States Code, is amended by adding 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 $10,000 to a
person who furnishes information unknown to the Government relating to a
possible prosecution under section 2326 which results in a conviction.
"(2) A person is not eligible for a payment under paragraph (1) if--
"(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 administrative proceeding;
"(ii) in a congressional, administrative, or General Accounting
Office report, hearing, audit, or investigation; or
"(iii) by the news media, unless the person is the original
source of the information; or
"(D) when, in the judgment of the Attorney General, it 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 independent knowledge of the
information that is furnished and has voluntarily provided the information to
the Government prior to disclosure by the news media.
"(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 this Act--
(1) for the Federal Bureau of Investigation to hire, equip, 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 cooperation with
State and local law enforcement agencies and senior citizen advocacy
organizations, public awareness and prevention initiatives for senior
citizens, such as seminars and training--
(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.
SEC. 250006. BROADENING APPLICATION OF MAIL FRAUD STATUTE.
Section 1341 of title 18, United States Code, is amended--
(1) by inserting "or deposits or causes to be deposited any matter or
thing whatever to be sent or delivered by any private or commercial
interstate carrier," after "Postal Service,"; and
(2) by inserting "or such carrier" after "causes to be delivered by
mail".
SEC. 250007. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH ACCESS DEVICES.
Section 1029 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking "or" at the end of paragraph (3); and
(B) by inserting after paragraph (4) the following new
paragraphs:
"(5) knowingly and with intent to defraud effects transactions, with
1 or more access devices issued to another person or persons, to receive
payment or any other thing of value during any 1-year period the
aggregate value of which is equal to or greater than $1,000;
"(6) without the authorization of the issuer of the access device,
knowingly and with intent to defraud solicits a person for the purpose
of--
"(A) offering an access device; or
"(B) selling information regarding or an application to obtain an
access device; or
"(7) without the authorization of the credit card system member or
its agent, knowingly and with intent to defraud causes or arranges for
another person to present to the member or its agent, for payment, 1 or
more evidences or records of transactions made by an access device;";
(2) in subsection (c)(1) by striking "(a)(2) or (a)(3)" and inserting
"(a) (2), (3), (5), (6), or (7)"; and
(3) in subsection (e)--
(A) by striking "and" at the end of paragraph (5);
(B) by striking the period at the end of paragraph (6) and
inserting "; and"; and
(C) by adding at the end the following new paragraph:
"(7) the term 'credit card system member' means a financial
institution or other entity that is a member of a credit card system,
including an entity, whether affiliated with or identical to the credit
card issuer, that is the sole member of a credit card system.".
SEC. 250008. INFORMATION NETWORK.
(a) Hotline.--The Attorney General shall, subject to the availability of
appropriations, establish a national toll-free hotline for the purpose of--
(1) providing general information on telemarketing fraud to
interested persons; and
(2) gathering information related to possible violations of this Act.
(b) Action on Information Gathered.--The Attorney General shall work in
cooperation with the Federal Trade Commission to ensure that information
gathered through the hotline shall be acted on in an appropriate manner.
TITLE XXVI--COMMISSION MEMBERSHIP AND APPOINTMENT
SEC. 260001. COMMISSION MEMBERSHIP 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 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.
"(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.
"(H) Two individuals representing a State or local governmental
entity, such as a Governor, mayor, or State attorney 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 chairperson.
"(4) Appointment date.--Members of the Commission shall be appointed
no later than 90 days after the enactment of this Act.".
(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.--
(1) Section 211(B)(i) of Public Law 101-515 (104 Stat. 2124) is
amended by striking "non-reimbursable" and inserting "a reimbursable".
(2) Section 211(b)(j) of Public Law 101-515 (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) is repealed.
TITLE XXVII--PRESIDENTIAL SUMMIT ON VIOLENCE AND NATIONAL COMMISSION ON CRIME
PREVENTION AND CONTROL
SEC. 270001. PRESIDENTIAL SUMMIT.
Congress calls on the President to convene a national summit on violence
in America prior to convening the Commission established under this title.
SEC. 270002. ESTABLISHMENT; COMMITTEES AND TASK FORCES; REPRESENTATION.
(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, 5 of whom
shall be appointed on the recommendation of the Majority Leader of the
Senate and the chairman of the Committee on 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.
(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
experience 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
ethnography 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 Commission'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 survivors 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
sexual assault or domestic violence cases (including medical services and
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 cost
estimates for implementing any recommendations made by the Commission.
(2) To bring attention to successful models and programs in crime
prevention and crime control.
(3) To reach out beyond the traditional criminal justice community
for ideas for controlling and preventing crime.
(4) To recommend improvements in the coordination of local, 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 social factors
leading to or contributing to crime and violence, including the causes of
illicit drug use and other substance abuse, and to develop specific
proposals for legislative and administrative actions to reduce crime and
violence and the factors that contribute to it.
(6) To recommend means of utilizing criminal justice resources as
effectively as possible, including targeting finite correctional 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.
(7) To examine distinctive crime problems and the impact of crime on
members of minority groups, Indians living on reservations, 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 violence, and
other criminal and unlawful acts that particularly affect women, and to
recommend Federal, State, and local strategies for more effectively
preventing and punishing such crimes and acts.
(9) To examine the treatment of victims in Federal, State, and local
criminal justice systems, and to develop recommendations 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 sanctions
impartially without discrimination on the basis of race, ethnicity,
religion, gender, or other legally proscribed grounds, and to make
recommendations for correcting any deficiencies in the impartial
administration of justice on these grounds.
(11) To examine the nature, scope, causes, and complexities of
violence in schools and to recommend a comprehensive response to that
problem.
SEC. 270004. RESPONSIBILITIES OF THE COMMISSION.
(a) In General.--The responsibilities of the Commission shall include
such study and consultation as may be necessary or appropriate 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 relative 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, attitudes and
traditions that contribute to illicit drug use and abuse.
(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, 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 levels for resources and
policies for 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 preventing
violence in schools.
(e) Violence Against Women.--In addressing the subject of sexual assault,
domestic violence, and other criminal and unlawful acts that particularly
affect women, the activities of the Commission shall 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.
(4) Evaluating the adequacy of pretrial release, sentencing,
incarceration, and post-conviction release in relation to such crimes and
acts.
(5) Evaluating the adequacy of, and making recommendations regarding,
the adequacy of Federal and State laws on sexual assault and the need for
a more uniform statutory response to sex offenses, including sexual
assaults and other sex offenses committed by offenders who are known or
related by blood or marriage to the victim.
(6) Evaluating the adequacy of, and making recommendations 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 recommendations 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. ADMINISTRATIVE 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 Commission.
(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 classification and General Schedule pay rates,
but in no event shall any such personnel be compensated at a rate greater
than the rate of basic pay for level ES-4 of the Senior Executive Service
Schedule under section 5382 of that title. The staff director shall be paid
at a rate not 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 States Code.
(e) Staff of Federal Agencies.--Upon the request of the Commission, the
head of any Federal agency may detail, on a reimbursable basis, personnel of
that agency to the Commission to assist in carrying out its duties.
(f) Physical Facilities.--The Administrator of the General Service
Administration shall provide suitable 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 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 Information.--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. 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 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--
"(A) the applicable category of offense committed by the
applicable category of defendant as set forth in the guidelines
issued by the Sentencing Commission pursuant to section 994(a)(1) 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 supervised
release, the applicable guidelines or policy statements issued 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 "unlawfully
possess a controlled substance".
SEC. 280003. DIRECTION TO UNITED STATES SENTENCING COMMISSION 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 duplicative punishments
for substantially the same offense, and take into account any mitigating
circumstances that might justify exceptions.
SEC. 280004. AUTHORIZATION OF PROBATION FOR PETTY OFFENSES IN CERTAIN 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 SENTENCING
COMMISSION.
(a) Establishment 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
three 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 three Vice Chairs, no more than two shall be members of the
same political party."; and
(3) in the sixth sentence by striking "Chairman" and inserting
"Chair, Vice Chairs,".
(b) Terms and Compensation.--Section 992(c) of title 28, United States
Code, is amended--
(1) 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 Vice Chairs,".
(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
(5) 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 sentences applicable
to offenses involving the possession or distribution 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 1030(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
"(II)(aa) causes loss or damage to one or more other persons
of 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, medical
treatment, or medical care of one or more individuals; or
"(B) through means of a computer used in interstate commerce or
communication, knowingly causes the transmission of a program,
information, code, or command to a computer or computer system--
"(i) with reckless disregard of a substantial and unjustifiable
risk that the 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, network,
information, data or program; and
"(ii) if 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
"(II)(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, medical
treatment, or medical 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 semicolon;
(2) in paragraph (3)(A) by inserting "(A)" after "(a)(5)";
(3) in paragraph (3)(B) by striking the period at the end thereof 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 than 1
year, or both, in the case of an offense under subsection (a)(5)(B).".
(d) Civil Action.--Section 1030 of title 18, United States Code, is
amended by adding at the end thereof the following new subsection:
"(g) Any person who suffers damage or loss by reason of a violation of
the section, other than a violation of subsection (a)(5)(B), may maintain a
civil action against the violator to obtain compensatory damages and
injunctive relief or other equitable relief. Damages for violations of any
subsection other than subsection (a)(5)(A)(ii)(II)(bb) or
(a)(5)(B)(ii)(II)(bb) are limited to economic damages. No action may be
brought under this subsection unless such action is begun within 2 years of
the date of the act complained 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".
SEC. 300002. PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL INFORMATION
FROM STATE MOTOR VEHICLE RECORDS.
(a) In General.--Title 18, United States Code, is amended by inserting
after chapter 121 the following new chapter:
"CHAPTER 123--PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL INFORMATION
FROM STATE MOTOR VEHICLE RECORDS
"Sec. 2721. Prohibition on release and use of certain personal information
from State motor vehicle records
"(a) In General.--Except as provided in subsection (b), a State
department of motor vehicles, and any officer, employee, or contractor,
thereof, shall not knowingly disclose or otherwise make available to any
person 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 manufacturers, and removal of non-owner records
from the original owner records 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 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 submitted by
the individual to the business or its agents, employees, 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 individual.
"(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 activities, 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 activities, antifraud activities,
rating or underwriting.
"(7) For use in providing notice to the owners of towed or impounded
vehicles.
"(8) For use by any licensed private investigative 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
verify information relating to a holder of a commercial driver'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.
"(11) For any other use in response to requests for individual motor
vehicle records if the motor vehicle 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.
"(12) For bulk distribution for surveys, marketing or solicitations
if the motor vehicle department has implemented methods and procedures to
ensure that--
"(A) individuals are provided an opportunity, in a clear and
conspicuous manner, to prohibit such uses; and
"(B) the information will be used, rented, or sold solely for
bulk distribution for surveys, marketing, and solicitations, and that
surveys, 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 personal
information (except a recipient under subsection (b)(11) or (12)) may resell
or redisclose the information only for a use permitted under subsection (b)
(but not for uses under subsection (b) (11) or (12)). An authorized recipient
under subsection (b)(11) may resell or redisclose personal information for
any purpose. An authorized recipient under subsection (b)(12) may resell or
redisclose personal information pursuant to subsection (b)(12). Any
authorized recipient (except a recipient under subsection (b) (11)) that
resells or rediscloses personal information covered by this title must keep
for a period of 5 years records identifying each person or entity that
receives information and the permitted purpose for which the information will
be used and must make such records available to the motor vehicle department
upon request.
"(d) Waiver Procedures.--A State motor vehicle department may establish
and carry out procedures under which the department or its agents, upon
receiving a request for personal information that does not fall within one of
the exceptions in subsection (b), may mail a copy of the request to the
individual about whom the information was requested, informing such
individual of the request, together with a statement to the effect that the
information will not be released unless the individual waives such
individual's right to privacy under this section.
"Sec. 2722. Additional unlawful acts
"(a) Procurement for Unlawful Purpose.--It shall be unlawful for any
person knowingly to obtain or disclose personal information, from a motor
vehicle record, for any use not permitted under section 2721(b) of this
title.
"(b) False Representation.--It shall be unlawful for any person to make
false representation to obtain any personal information from an individual's
motor vehicle record.
"Sec. 2723. Penalties
"(a) Criminal Fine.--A person who knowingly violates this chapter shall
be fined under this title.
"(b) Violations by State Department of Motor Vehicles.--Any State
department of motor vehicles that has a policy or practice 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.
"Sec. 2724. Civil action
"(a) Cause of Action.--A person who knowingly obtains, discloses 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 civil 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 $2,500;
"(2) punitive 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.
"Sec. 2725. Definitions
"In this chapter--
"(1) 'motor vehicle record' means any record that pertains to a motor
vehicle operator's permit, motor vehicle title, motor vehicle
registration, or identification card issued by a department of motor
vehicles;
"(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,
driver identification number, name, address (but not the 5-digit zip
code), telephone number, and medical or disability information, but does
not include information on vehicular accidents, driving violations, and
driver'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
from State motor vehicle 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, 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 compliance with subsection (b) (11) and (12) even if the
procedure is not available to individuals until they renew their license,
title, registration or identification card, so long as the State provides
some other procedure for individuals to contact the State on their own
initiative to prohibit such uses or disclosures. Prior to the effective date,
personal information covered by the amendment made by section 300002 may be
released consistent with State law or practice.
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), savings 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.--On 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 1996, $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 flowing 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 year's level in order
to comply with section 5 of the Federal Workforce Restructuring Act of
1994.".
(f) Allocation and Suballocation of Amounts in the Fund.--
(1) In general.--Section 602(a) of the Congressional Budget Act of
1974 is amended--
(A) in paragraph (1)(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:
"(iv) 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 Reduction 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 among committees under
clause (iv) or (v) of paragraph (1)(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 (1)(A) or subparagraphs (D) 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)(1).
(g) Violent Crime Reduction Trust Fund Sequestration.--
(1) 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. SEQUESTRATION WITH RESPECT TO VIOLENT CRIME REDUCTION TRUST FUND.
"(a) Sequestration.--Within 15 days after Congress adjourns to end 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) Eliminating 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 any amount by which estimated outlays
in the budget year from the 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 2000, the comparable
level for budgetary purposes shall be deemed to be $6,225,000,000.
"(2) Special outlay allowance.--If estimated outlays from the Fund
for a fiscal year exceed the level specified 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) Look-Back.--If, after June 30, an appropriation for the fiscal year
in progress is enacted 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 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 Sequestration.--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 sequestration to
eliminate that excess following the procedures set forth in subsection (b).
"(e) Part-Year Appropriations and OMB Estimates.--Paragraphs (4) and (7)
of section 251(a) shall apply to appropriations from, and sequestration of
amounts appropriated from, the Violent Crime Reduction Trust Fund under this
section in the same manner as those paragraphs apply to discretionary
appropriations and sequestrations under that section.".
(2) Reports.--Section 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 sequestration 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 Trust Fund and outlays resulting from those
appropriations.
"(B) The sequestration percentage and reductions, if any,
required under section 251A.".
SEC. 310002. CONFORMING 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 Resolution 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:
$4,287,000,000 in new budget authority and $2,334,000,000 in outlays;
(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 purposes 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 comparable amount for budgetary purposes
shall be deemed to be $6,500,000,000 in new budget authority and
$6,225,000,000 in outlays.
SEC. 310003. EXTENSION OF AUTHORIZATIONS OF APPROPRIATIONS FOR FISCAL YEARS
FOR WHICH THE FULL AMOUNT AUTHORIZED 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 certain amount, the Congress
makes an appropriation for that purpose for that fiscal year in a lesser
amount, that provision 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. FLEXIBILITY IN MAKING OF APPROPRIATIONS.
(a) Federal 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 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 provision 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 provision 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.
(c) Prevention.--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 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 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.
(d) Definitions.--In this section--"Federal law enforcement program"
means a program authorized in any of the following sections:
(1) section 190001(a);
(2) section 190001(b);
(3) section 190001(c);
(4) section 190001(d);
(5) section 190001(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 authorized in
any of the following sections:
(1) sections 10001-10003;
(2) section 210201;
(3) section 210603;
(4) section 180101;
(5) section 180103;
(6) sections 31701-31708;
(7) section 210602;
(8) sections 30801-30802;
(9) section 210302;
(10) section 210501;
(11) section 210101;
(12) section 320930;
(13) sections 20101-20109;
(14) section 20301;
(15) section 32201; and
(16) section 20201.
"prevention program" means a program authorized in any of the following
sections:
(1) section 50001;
(2) sections 30101-30104;
(3) sections 30201-30208;
(4) sections 30301-30307;
(5) sections 30401-30403;
(6) sections 30701-30702;
(7) sections 31001-31002;
(8) sections 31101-31133;
(9) sections 31501-31505;
(10) sections 31901-31922;
(11) section 32001;
(12) section 32101;
(13) section 32401;
(14) section 40114;
(15) section 40121;
(16) section 40151;
(17) section 40152;
(18) section 40155;
(19) section 40156;
(20) section 40211;
(21) section 40231;
(22) section 40241;
(23) section 40251;
(24) section 40261;
(25) section 40292;
(26) section 40293;
(27) section 40295;
(28) sections 40411-40414;
(29) sections 40421-40422;
(30) section 40506;
(31) sections 40601-40611; and
(32) section 24001.
TITLE XXXII--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 violation of
this section constitute only simple assault, be fined under this title or
imprisoned not more than one year, or both, and in all other cases,"
after "shall"; and
(2) in subsection (b) by inserting "or inflicts bodily injury" after
"weapon".
(b) Foreign Officials, Official Guests, 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 this
title";
(2) by inserting ", or inflicts bodily injury," after "weapon"; and
(3) by striking "not more than $10,000" and inserting "under this
title".
(c) Maritime and Territorial Jurisdiction.--Section 113 of title 18,
United States Code, is amended--
(1) in subsection (c)--
(A) by striking "of not more 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 than $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 than $10,000" and inserting "under this
title"; and
(4) by striking "for".
(e) President and President's Staff.--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 title,";
(2) by striking "not more than $5,000," and inserting "under this
title,"; and
(3) by inserting "the assault involved the use of a dangerous weapon,
or" after "if ".
SEC. 320102. INCREASED PENALTIES FOR MANSLAUGHTER.
Section 1112 of title 18, United States Code, is amended--
(1) in subsection (b)--
(A) by inserting "fined under this title or" after "shall be" in
the first undesignated paragraph; and
(B) by inserting ", or both" after "years";
(2) by striking "not more than $1,000" and inserting "under this
title"; and
(3) by striking "three" and inserting "six".
SEC. 320103. INCREASED PENALTIES FOR CIVIL RIGHTS VIOLATIONS.
(a) Conspiracy Against Rights.--Section 241 of title 18, United States
Code, is amended--
(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,
aggravated 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) by inserting ", 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
results";
(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 Activities.--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--
(1) in subsection (c)(1) 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
(B) 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"; 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 other religious property.".
(e) Fair Housing Act.--Section 901 of the Fair Housing Act (42 U.S.C.
3631) is amended--
(1) in the caption by striking "bodily injury; death;";
(2) by striking "not more than $1,000," and inserting "under this
title";
(3) 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";
(4) by striking "not more than $10,000," and inserting "under this
title";
(5) 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";
(6) by striking "subject to imprisonment" and inserting "fined under
this title or imprisoned"; and
(7) by inserting ", or both" after "life".
SEC. 320104. PENALTIES FOR TRAFFICKING IN COUNTERFEIT GOODS AND SERVICES.
(a) In General.--Section 2320(a) of title 18, United States Code, is
amended--
(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 "$5,000,000"; and
(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"; and
(B) by striking "$5,000,000" and inserting "$15,000,000".
(b) Laundering Monetary Instruments.--Section 1956(c)(7)(D) of title 18,
United States Code, is amended by striking "or section 2319 (relating to
copyright infringement)," and inserting "section 2319 (relating to copyright
infringement), or section 2320 (relating to trafficking in counterfeit goods
and services),".
SEC. 320105. INCREASED PENALTY FOR CONSPIRACY TO COMMIT MURDER FOR HIRE.
Section 1958(a) of title 18, United States Code, is amended by inserting
"or who conspires to do so" before "shall be fined" the first place it
appears.
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 $20,000" 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,".
SEC. 320107. INCREASED PENALTIES FOR DRUG TRAFFICKING 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 CRIMINAL 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 District of
Hawaii;
(ii) the United States Customs Service;
(iii) the Animal and Plant Health Inspection Service;
(iv) the Fish and Wildlife Service;
(v) the National Park Service;
(vi) the United States Forest Service;
(vii) the Military Customs Inspection Office 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.
Thereafter, 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 conservation
organizations about methods of preventing the wrongful conveyance, sale,
or introduction of nonindigenous plant and animal species into Hawaii.
(b) Criminal Penalty.--
(1) In general.--Chapter 83 of title 18, United States Code, is
amended by inserting after section 1716C the following new section:
"Sec. 1716D. Nonmailable injurious animals, plant pests, plants, and
illegally taken fish, wildlife, and plants
"A person who knowingly deposits for mailing or delivery, or knowingly
causes to be delivered by mail, according to the direction thereon, or at any
place at which it is directed to be delivered by 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. Nonmailable injurious animals, plant pests, plants, and illegally
taken fish, wildlife, and plants.".
SEC. 320109. MILITARY 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) Definitions.--(A) 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 of Civil Rights Statutes
SEC. 320201. EXTENSION OF PROTECTION OF CIVIL RIGHTS STATUTES.
(a) Conspiracy Against 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 person".
Subtitle C--Audit and Report
SEC. 320301. AUDIT REQUIREMENT FOR STATE AND LOCAL LAW ENFORCEMENT AGENCIES
RECEIVING FEDERAL ASSET FORFEITURE FUNDS.
(a) State Requirement.--Section 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.
"(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 funds 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 General'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) of paragraph (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
inserting "; and"; and
(3) by adding at the end the following new subparagraph:
"(D) a report for such fiscal year containing a description of the
administrative and contracting expenses paid from the Fund under
paragraph (1)(A).".
Subtitle D--Coordination
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 carrying out the substance
abuse treatment and prevention 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--Gambling
SEC. 320501. CLARIFYING AMENDMENT REGARDING SCOPE OF PROHIBITION AGAINST
GAMBLING ON SHIPS IN INTERNATIONAL WATERS.
The paragraph of section 1081 of title 18, United States Code, defining
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 vessel
beyond the territorial waters of the United States during a covered voyage
(as defined in section 4472 of the Internal Revenue Code of 1986 as in effect
on January 1, 1994).".
Subtitle F--White Collar Crime Amendments
SEC. 320601. RECEIVING THE PROCEEDS OF EXTORTION OR KIDNAPPING.
(a) Proceeds of Extortion.--Chapter 41 of title 18, United States Code,
is amended--
(1) by adding at the end the following new section:
"Sec. 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 following new
item:
"880. Receiving the proceeds of extortion.".
(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 THE 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:
"Sec. 1033. Crimes by or affecting persons engaged in the business of
insurance whose activities affect interstate commerce
"(a)(1) 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)(1) 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 appointed by such official or agency to examine the affairs of such
person, about the financial condition or solvency of such business 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 the false entry in any book, report, or statement of
such person 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.
"(d) Whoever, by threats or force or by any threatening letter or
communication, corruptly influences, obstructs, or impedes or endeavors
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 agency 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)(1)(A) Any individual who has been convicted of any criminal 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 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 (1)(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 subsection.
"(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;
"(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.
"Sec. 1034. Civil penalties and injunctions for violations of section 1033
"(a) The Attorney General may bring a civil action in the appropriate
United States district court against any person who engages in conduct
constituting an offense under section 1033 and, upon proof of such conduct by
a preponderance of the evidence, such person shall be subject to a civil
penalty of not more than $50,000 for each violation or the amount of
compensation which the person received or offered for the prohibited conduct,
whichever amount is greater. If the offense has contributed to the decision
of a court of appropriate jurisdiction to issue an order directing the
conservation, rehabilitation, or liquidation of an insurer, such penalty
shall be remitted to the appropriate regulatory official for the benefit of
the policyholders, claimants, and creditors of such insurer. The imposition
of a civil penalty under this subsection does not preclude any other criminal
or civil statutory, common law, or administrative remedy, which is available
by law to the United States or any other person.
"(b) If the Attorney General has reason to believe that a person is
engaged in conduct constituting an offense under section 1033, the Attorney
General may petition an appropriate United States district court for an order
prohibiting that person from engaging in such conduct. The court may issue an
order prohibiting that person from engaging in such conduct if the court
finds that the conduct constitutes such an offense. The filing of a petition
under this section does not preclude any other remedy which is available by
law to the United States or any other person.".
(b) Clerical Amendment.--The table of sections for chapter 47 of such
title is amended by adding at the end the following new items:
"1033. Crimes by or affecting persons engaged in the business of insurance
whose activities affect interstate commerce.
"1034. Civil penalties and injunctions for violations of section 1033.".
SEC. 320604. MISCELLANEOUS AMENDMENTS TO TITLE 18, UNITED STATES CODE.
(a) Tampering With Insurance Regulatory Proceedings.--Section 1515(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:
"(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)(1) Whoever--
"(A) acting as, or being, an officer, director, agent or employee of
a 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,
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 19(a) of the Federal Deposit Insurance Act (12 U.S.C. 1829(a)) is
amended in paragraph (2)(A)(i)(I)--
(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-affiliated 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 conduct or continue any
relationship prohibited under such subparagraph.
"(2) Minimum 10-year prohibition period for certain offenses.--
"(A) In general.--If the offense referred to in paragraph (1)(A)
in connection with any person referred to in such paragraph is--
"(i) an offense under--
"(I) section 215, 656, 657, 1005, 1006, 1007, 1008, 1014,
1032, 1344, 1517, 1956, or 1957 of title 18, United States
Code; or
"(II) section 1341 or 1343 of such title which affects
any financial institution (as defined in section 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.--On 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 filing.--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," 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 ROBBERY AND 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 association (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
"(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 1-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 section 666.".
Subtitle G--Safer Streets and Neighborhoods
SEC. 320701. SHORT TITLE.
This subtitle may be cited as the "Safer Streets and Neighborhoods Act of
1994".
SEC. 320702. LIMITATION 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 $5,000 for any other violation.
(c) Relationship to Other Penalties.--The penalties established by this
section shall be in addition to other criminal or civil 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 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-
Robertson 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 Waterfowl 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 efforts 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
wildlife management;
(2) the Attorney General of the United States; or
(3) any person who is or would be adversely affected by the
violation.
SEC. 320805. RELATIONSHIP TO STATE AND LOCAL LAW AND CIVIL ACTIONS.
This subtitle does not preempt a State law or local ordinance that
provides for civil or criminal penalties for conduct that violates this
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 construed to impair a right guaranteed
to a person under the first article of amendment to the Constitution or limit
any legal remedy for forceful interference with a person's lawful
participation in speech or peaceful assembly.
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 taking 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 private
property.
(3) National forest.--The term "national forest" means lands included
in the National Forest System (as defined in section 11(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.
1c(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--Other 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 paragraph:
"(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 subchapter, (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 ARTWORK.
(a) Offense.--Chapter 31 of title 18, United States Code, is amended by
adding at the end the following new section:
"Sec. 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 aesthetic
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, or
both.".
(b) Period of Limitation.--Chapter 213 of title 18, United States Code,
is amended by adding at the end the following new section:
"Sec. 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 commission 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:
"3294. Theft of major artwork.".
SEC. 320903. ADDITION OF ATTEMPTED ROBBERY, KIDNAPPING, SMUGGLING, AND
PROPERTY DAMAGE OFFENSES TO ELIMINATE 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 "Whoever attempts to violate subsection (a)(4) or (a)(5)"
and inserting "Whoever attempts to violate subsection (a)".
(c) Smuggling.--Section 545 of title 18, United States Code, is amended
by inserting "or attempts to smuggle or clandestinely introduce" 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 it
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--
(1) by redesignating paragraphs (1), (2), and (3) as paragraphs (2),
(3), and (4), respectively; and
(2) by inserting after "(q)" the following new paragraph:
"(1) 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, its
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, ordinary
citizens and foreign visitors may fear to travel to or through certain
parts of the country due to concern about violent crime and gun violence,
and parents may decline to send their children 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 unavailing due in part to the
failure or inability of other States or localities to take strong
measures; and
"(I) 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.".
SEC. 320905. INTERSTATE WAGERING.
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, enterprise or
similar scheme conducted by another State (unless that business is permitted
under an agreement between the States in question or appropriate authorities
of those States), knowingly transmits in interstate or foreign commerce
information to be used for the purpose of procuring such a ticket, chance,
share, or interest;" after "scheme;".
SEC. 320906. SENSE OF CONGRESS WITH RESPECT TO VIOLENCE AGAINST TRUCKERS.
It 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, burglaries,
kidnappings and assaults committed against commercial truckers; and
(2) appropriate Federal agencies should acknowledge this problem and
place a priority on evaluating how best to prevent these crimes and
apprehend those involved, and continue to coordinate their activities
with multi-jurisdictional authorities to combat violent crimes committed
against truckers.
SEC. 320907. SENSE OF THE SENATE REGARDING A STUDY ON OUT-OF-WEDLOCK BIRTHS.
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 nations, 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-wedlock problem and its causes, as
well as possible remedial measures that could be taken.
SEC. 320908. SENSE OF THE SENATE REGARDING THE ROLE OF THE UNITED NATIONS IN
INTERNATIONAL ORGANIZED CRIME CONTROL.
It is the sense of the Senate that--
(1) 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 Commission 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 organized 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:
"Sec. 3239. Optional venue for espionage and related offenses
"The trial for any offense involving a violation, begun or committed upon
the high seas or elsewhere out of the jurisdiction of any particular State or
district, of--
"(1) section 793, 794, 798, or section 1030(a)(1) of this title;
"(2) section 601 of the National Security Act of 1947 (50 U.S.C.
421); or
"(3) section 4(b) or 4(c) of the Subversive Activities Control Act of
1950 (50 U.S.C. 783 (b) or (c));
may be in the District of Columbia or in any other district authorized by
law.".
(b) Technical Amendment.--The item relating to section 3239 in the table
of sections of chapter 211 of title 18, United States Code, is amended to
read as follows:
"3239. Optional venue for espionage and related offenses.".
SEC. 320910. UNDERCOVER OPERATIONS.
(a) In General.--Chapter 1 of title 18, United States Code, is amended by
adding at the end the following new section:
"Sec. 21. Stolen or counterfeit nature of property for certain crimes defined
"(a) Wherever in this title it is an element of an offense that--
"(1) any property was embezzled, robbed, stolen, converted, taken,
altered, counterfeited, falsely made, forged, or obliterated; and
"(2) the defendant knew that the property was of such character;
such element may be established by proof that the defendant, after or as a
result of an official representation as to the nature of the property,
believed the property to be embezzled, robbed, stolen, converted, taken,
altered, counterfeited, falsely made, forged, or obliterated.
"(b) For purposes of this section, the term 'official representation'
means any representation made by a Federal law enforcement officer (as
defined in section 115) or by another person at the direction or with the
approval of such an officer.".
(b) Technical Amendment.--The table of sections of chapter 1 of title 18,
United States Code, is amended by adding at the end the following new item:
"21. Stolen or counterfeit nature of property for certain crimes defined.".
SEC. 320911. MISUSE OF INITIALS "DEA".
(a) Amendment.--Section 709 of title 18, United States Code, is amended--
(1) 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,
software or other publication, play, motion picture, broadcast, telecast, or
other production is approved, endorsed, or authorized by the Drug Enforcement
Administration;".
(b) Effective Date.--The amendment made by subsection (a) shall become
effective on the date that is 90 days after the date of enactment of this
Act.
SEC. 320912. DEFINITION OF LIVESTOCK.
Section 2311 of title 18, United States Code, is amended by inserting
after the second paragraph relating to the definition of "cattle" the
following new paragraph:
" 'livestock' means any domestic animals raised for home use,
consumption, or profit, such as horses, pigs, llamas, goats, fowl, sheep,
buffalo, and cattle, or the carcasses thereof.".
SEC. 320913. ASSET FORFEITURE.
(a) Amendment.--Section 524(c)(1) of title 28, United States Code, is
amended--
(1) 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 giving rise to the
forfeiture and the date of the forfeiture order; and".
(b) Application of Amendment.--The amendment made by subsection (a) shall
apply to all claims pending at the time of or commenced subsequent to the
date of enactment of this Act.
SEC. 320914. CLARIFICATION OF DEFINITION OF A "COURT OF THE UNITED STATES" TO
INCLUDE THE DISTRICT COURTS FOR GUAM, THE NORTHERN MARIANA
ISLANDS, AND THE VIRGIN ISLANDS.
(a) In General.--Chapter 1 of title 18, United States Code, is amended by
adding at the end the following new section:
"Sec. 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 Amendment.--The chapter analysis for chapter 1 of title 18,
United States Code, is amended by adding at the end the following new item:
"23. Court of the United States defined.".
SEC. 320915. LAW ENFORCEMENT 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.
(a) In General.--Chapter 33 of title 28, United States Code, is amended
by adding at the end the following new section:
"Sec. 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
(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.
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.
TITLE XXXIII--TECHNICAL CORRECTIONS
SEC. 330001. AMENDMENTS RELATING TO FEDERAL FINANCIAL ASSISTANCE FOR LAW
ENFORCEMENT.
(a) Cross Reference Corrections.--Section 506 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756) is amended--
(1) in subsection (a) by striking "Of" and inserting "Subject to
subsection (f), of";
(2) in subsection (c) by striking "subsections (b) and (c)" and
inserting "subsection (b)";
(3) in subsection (e) by striking "or (e)" and inserting "or (f)";
and
(4) in subsection (f)(1)--
(A) in subparagraph (A)--
(i) by striking ", taking into consideration subsection (e)
but"; and
(ii) by striking "this subsection," and inserting "this
subsection"; and
(B) in subparagraph (B) by striking "amount" and inserting
"funds".
(b) Correctional Options Grants.--(1) Section 515(b) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 is amended--
(A) by striking "subsection (a)(1) and (2)" and inserting "paragraphs
(1) and (2) of subsection (a)"; and
(B) in paragraph (2) by striking "States" and inserting "public
agencies".
(2) Section 516 of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 is amended--
(A) in subsection (a) by striking "for section" each place it appears
and inserting "shall be used to make grants under section"; and
(B) in subsection (b) by striking "section 515(a)(1) or (a)(3)" and
inserting "paragraph (1) or (3) of section 515(a)".
(3) Section 1001(a)(5) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3793(a)(5)) is amended by inserting "(other
than chapter B of subpart 2)" after "and E".
(c) Denial or Termination of Grant.--Section 802(b) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3783(b)) is
amended by striking "M,," and inserting "M,".
(d) Definitions.--Section 901(a)(21) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3791(21)) is amended by
adding a semicolon at the end.
(e) Public Safety Officers Disability Benefits.--Title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796) is amended--
(1) in section 1201--
(A) in subsection (a) by striking "subsection (g)" and inserting
"subsection (h),"; and
(B) in subsection (b)--
(i) by striking "subsection (g)" and inserting "subsection
(h)";
(ii) by striking "personal"; and
(iii) in the first proviso by striking "section" and
inserting "subsection"; and
(2) in section 1204(3) by striking "who was responding to a fire,
rescue or police emergency".
(f) Headings.--(1) The heading for part M of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3797) is amended to read as
follows:
"PART M--REGIONAL INFORMATION SHARING SYSTEMS".
(2) The heading for part O of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3797) is amended to read as follows:
"PART O--RURAL DRUG ENFORCEMENT".
(g) Table of Contents.--The table of contents of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 is amended--
(1) in the item relating to section 501 by striking "Drug Control and
System Improvement Grant" and inserting "drug control and system
improvement grant";
(2) in the item relating to section 1403 by striking "Application"
and inserting "Applications"; and
(3) in the items relating to part O by redesignating sections 1401
and 1402 as sections 1501 and 1502, respectively.
(h) Other Technical Amendments.--Title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended--
(1) in section 202(c)(2)(E) by striking "crime,," and inserting
"crime,";
(2) in section 302(c)(19) by striking a period at the end and
inserting a semicolon;
(3) in section 602(a)(1) by striking "chapter 315" and inserting
"chapter 319";
(4) in section 603(a)(6) by striking "605" and inserting "606";
(5) in section 605 by striking "this section" and inserting "this
part";
(6) in section 606(b) by striking "and Statistics" and inserting
"Statistics";
(7) in section 801(b)--
(A) by striking "parts D," and inserting "parts";
(B) by striking "part D" each place it appears and inserting
"subpart 1 of part E";
(C) by striking "403(a)" and inserting "501"; and
(D) by striking "403" and inserting "503";
(8) in the first sentence of section 802(b) by striking "part D," and
inserting "subpart 1 of part E or under part";
(9) in the second sentence of section 804(b) by striking "Prevention
or" and inserting "Prevention, or";
(10) in section 808 by striking "408, 1308," and inserting "507";
(11) in section 809(c)(2)(H) by striking "805" and inserting "804";
(12) in section 811(e) by striking "Law Enforcement Assistance
Administration" and inserting "Bureau of Justice Assistance";
(13) in section 901(a)(3) by striking "and," and inserting ", and";
(14) in section 1001(c) by striking "parts" and inserting "part".
(i) Conforming Amendment to Other Law.--Section 4351(b) of title 18,
United States Code, is amended by striking "Administrator of the Law
Enforcement Assistance Administration" and inserting "Director of the Bureau
of Justice Assistance".
SEC. 330002. GENERAL TITLE 18 CORRECTIONS.
(a) Section 1031.--Section 1031(g)(2) of title 18, United States Code, is
amended by striking "a government" and inserting "a Government".
(b) Section 208.--Section 208(c)(1) of title 18, United States Code, is
amended by striking "Banks" and inserting "banks".
(c) Section 1007.--The heading for section 1007 of title 18, United
States Code, is amended by striking "Transactions" and inserting
"transactions".
(d) Section 1014.--Section 1014 of title 18, United States Code, is
amended by striking the comma that follows a comma.
(e) Elimination of Obsolete Cross Reference.--Section 3293 of title 18,
United States Code, is amended by striking "1008,".
(f) Elimination of Duplicate Subsection Designation.--Section 1031 of
title 18, United States Code, is amended by redesignating the second
subsection (g) as subsection (h).
(g) Technical Amendment to Part Analysis for Part I.--The item relating
to chapter 33 in the part analysis for part I of title 18, United States
Code, is amended by striking "701" and inserting "700".
(h) Amendment to Section 924(a)(1)(B).--Section 924(a)(1)(B) of title 18,
United States Code, is amended by striking "(q)" and inserting "(r)".
(i) Punctuation Correction.--Section 207(c)(2)(A)(ii) of title 18, United
States Code, is amended by striking the semicolon at the end and inserting a
comma.
(j) Chapter Analysis Correction.--The chapter analysis for chapter 223 of
title 18, United States Code, is amended by adding at the end the following:
"3509. Child Victims' and child witnesses' rights.".
(k) Elimination of Superfluous Comma.--Section 3742(b) of title 18,
United States Code, is amended by striking "Government," and inserting
"Government".
SEC. 330003. CORRECTIONS OF ERRONEOUS CROSS REFERENCES AND MISDESIGNATIONS.
(a) Section 1791 of Title 18.--Section 1791(b) of title 18, United States
Code, is amended by striking "(c)" each place it appears and inserting "(d)".
(b) Section 2703 of Title 18.--Section 2703(d) of title 18, United States
Code, is amended by striking "section 3126(2)(A)" and inserting "section
3127(2)(A)".
(c) Section 666 of Title 18.--Section 666(d) of title 18, United States
Code, is amended--
(1) by redesignating the second paragraph (4) as paragraph (5);
(2) by striking "and" at the end of paragraph (3); and
(3) by striking the period at the end of paragraph (4) and inserting
"; and".
(d) Section 4247 of Title 18.--Section 4247(h) of title 18, United States
Code, is amended by striking "subsection (e) of section 4241, 4243, 4244,
4245, or 4246," and inserting "subsection (e) of section 4241, 4244, 4245, or
4246, or subsection (f) of section 4243,".
(e) Section 408 of the Controlled Substance.--Section 408(b)(2)(A) of the
Controlled Substances Act (21 U.S.C. 848(b)(2)(A)) is amended by striking
"subsection (d)(1)" and inserting "subsection (c)(1)".
(f) Maritime Drug Law Enforcement Act.--(1) Section 994(h) of title 28,
United States Code, is amended by striking "section 1 of the Act of September
15, 1980 (21 U.S.C. 955a)" each place it appears and inserting "the Maritime
Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.)".
(2) Section 924(e) of title 18, United States Code, is amended by
striking "the first section or section 3 of Public Law 96-350 (21 U.S.C. 955a
et seq.)" and inserting "the Maritime Drug Law Enforcement Act (46 U.S.C.
App. 1901 et seq.)".
(g) Section 2596 of the Crime Control Act of 1990.--Section 2596(d) of
the Crime Control Act of 1990 is amended, effective retroactively to the date
of enactment of such Act, by striking "951(c)(1)" and inserting "951(c)(2)".
(h) Federal Rules of Criminal Procedure.--Rule 46(i)(1) of the Federal
Rules of Criminal Procedure for the United States Courts is amended by
striking "18 U.S.C. Sec. 3144" and inserting "18 U.S.C. Sec. 3142".
SEC. 330004. REPEAL OF OBSOLETE PROVISIONS IN TITLE 18.
Title 18, United States Code, is amended--
(1) in section 212 by striking "or of any National Agricultural
Credit Corporation," and by striking "or National Agricultural Credit
Corporations,";
(2) in section 213 by striking "or examiner of National Agricultural
Credit Corporations";
(3) in section 709 by striking the seventh and thirteenth paragraphs;
(4) in section 711 by striking the second paragraph;
(5) by striking section 754 and amending the chapter analysis for
chapter 35 by striking the item relating to section 754;
(6) in sections 657 and 1006 by striking "Reconstruction Finance
Corporation," and striking "Farmers' Home Corporation,";
(7) in section 658 by striking "Farmers' Home Corporation,";
(8) in section 1013 by striking ", or by any National Agricultural
Credit Corporation";
(9) in section 1160 by striking "white person" and inserting "non-
Indian";
(10) in section 1698 by striking the second paragraph;
(11) by striking sections 1904 and 1908 and amending the chapter
analysis for chapter 93 by striking the items relating to those sections;
(12) in section 1909 by inserting "or" before "farm credit examiner"
and by striking "or an examiner of National Agricultural Credit
Corporations,";
(13) by striking sections 2157 and 2391 and amending the chapter
analysis for chapter 105 and for 115, respectively, by striking the items
relating to those sections;
(14) in section 2257 by striking the subsections (f) and (g) that
were enacted by Public Law 100-690;
(15) in section 3113 by striking the third paragraph;
(16) in section 3281 by striking "except for offenses barred by the
provisions of law existing on August 4, 1939";
(17) in section 443 by striking "or (3) five years after 12 o'clock
noon of December 31, 1946,";
(18) in sections 542, 544, and 545 by striking "the Philippine
Islands,"; and
(19) in section 1073--
(A) by striking "or which, in the case of New Jersey, is a high
misdemeanor under the laws of said State,"; and
(B) by striking "or which in the case of New Jersey, is a high
misdemeanor under the laws of said State,".
SEC. 330005. CORRECTION OF DRAFTING ERROR IN THE FOREIGN CORRUPT PRACTICES
ACT.
Section 104(a)(3) of the Foreign Corrupt Practices Act of 1977 (15 U.S.C.
78dd-2) is amended by striking "issuer" and inserting "domestic concern".
SEC. 330006. ELIMINATION OF REDUNDANT PENALTY PROVISION IN 18 U.S.C. 1116.
Section 1116(a) of title 18, United States Code, is amended by striking
", and any such person who is found guilty of attempted murder shall be
imprisoned for not more than twenty years".
SEC. 330007. ELIMINATION OF REDUNDANT PENALTY.
Section 1864(c) of title 18, United States Code, is amended by striking
"(b) (3), (4), or (5)" and inserting "(b)(5)".
SEC. 330008. CORRECTIONS OF MISSPELLINGS AND GRAMMATICAL ERRORS.
Title 18, United States Code, is amended--
(1) in section 513(c)(4) by striking "association or persons" and
inserting "association of persons";
(2) in section 1956(e) by striking "Evironmental" and inserting
"Environmental";
(3) in section 3125--
(A) in subsection (a)(2) by striking "use" and the quotation mark
that immediately follows it and inserting "use;";
(B) by realigning the matter in subsection (a)(2) that begins
with "may have installed" and ends with "section 3123 of this title"
so that it is flush to the left margin; and
(C) by striking "provider for" and inserting "provider of" in
subsection (d);
(4) in section 3731 by striking "order of a district courts" and
inserting "order of a district court" in the second undesignated
paragraph;
(5) in section 151 by striking "mean" and inserting "means";
(6) in section 208(b) by inserting "if" after "(4)";
(7) in section 209(d) by striking "under the terms of the chapter 41"
and inserting "under the terms of chapter 41";
(8) in section 1014 by inserting a comma after "National Credit Union
Administration Board"; and
(9) in section 3291 by striking "the afore-mentioned" and inserting
"such".
SEC. 330009. OTHER TECHNICAL AMENDMENTS.
(a) Section 419 of Controlled Substances Act.--Section 419(b) of the
Controlled Substances Act (21 U.S.C. 860(b)) is amended by striking "years
Penalties" and inserting "years. Penalties".
(b) Section 667.--Section 667 of title 18, United States Code, is amended
by adding at the end the following: "The term 'livestock' has the meaning set
forth in section 2311 of this title.".
(c) Section 1114.--Section 1114 of title 18, United States Code, is
amended by striking "or any other officer, agency, or employee of the United
States" and inserting "or any other officer or employee of the United States
or any agency thereof".
(d) Section 408 of Controlled Substances Act.--Section 408(q)(8) of the
Controlled Substances Act (21 U.S.C. 848(q)(8)) is amended by striking
"applications, for writ" and inserting "applications for writ".
SEC. 330010. CORRECTION OF ERRORS FOUND DURING CODIFICATION.
Title 18, United States Code, is amended--
(1) in section 212 by striking "218" and inserting "213";
(2) in section 1917--
(A) by striking "Civil Service Commission" and inserting "Office
of Personnel Management"; and
(B) by striking "the Commission" in paragraph (1) and inserting
"such Office";
(3) by transferring the subchapter analysis for each subchapter of
each of chapters 227 and 229 to follow the heading of that subchapter;
(4) so that the heading of section 1170 reads as follows:
"Sec. 1170. Illegal trafficking in Native American human remains and cultural
items";
(5) so that the item relating to section 1170 in the chapter analysis
for chapter 53 reads as follows:
"1170. Illegal trafficking in Native American human remains and cultural
items.";
(6) in section 3509(a) by striking paragraph (11) and redesignating
paragraphs (12) and (13) as paragraphs (11) and (12), respectively;
(7) in section 3509--
(A) by striking "subdivision" each place it appears and inserting
"subsection"; and
(B) by striking "government" each place it appears and inserting
"Government";
(8) in section 2252(a)(3)(B) by striking "materails" and inserting "
materials";
(9) in section 14 by striking "45," and "608, 611, 612,";
(10) in section 3059A--
(A) in subsection (b) by striking "this subsection" and inserting
"subsection"; and
(B) in subsection (c) by striking "this subsection" and inserting
"subsection";
(11) in section 1761(c)--
(A) by striking "and" at the end of paragraph (1);
(B) by inserting "and" at the end of paragraph (3); and
(C) by striking the period at the end of paragraph (2)(B) and
inserting a semicolon;
(12) in the chapter analysis for chapter 11--
(A) in the item relating to section 203 by inserting a comma
after "officers" and by striking the comma after "others"; and
(B) in the item relating to section 204 by inserting "the" before
"United States Court of Appeals for the Federal Circuit";
(13) in the chapter analysis for chapter 23, in the item relating to
section 437, by striking the period immediately following "Indians";
(14) in the chapter analysis for the beginning of chapter 25, in the
item relating to section 491, by striking the period immediately
following "paper used as money";
(15) in section 207(a)(3) by striking "Clarification of Restrictions"
and inserting "Clarification of restrictions";
(16) in section 176 by striking "the government" and inserting "the
Government";
(17) in section 3059A(e)(2)(iii) by striking "backpay" and inserting
"back pay"; and
(18) by adding a period at the end of the item relating to section
3059A in the chapter analysis for chapter 203.
SEC. 330011. PROBLEMS RELATED TO EXECUTION OF PRIOR AMENDMENTS.
(a) Incorrect Reference.--Section 2587(b) of Public Law 101-647 is
amended, effective as of the date on which that section took effect, by
striking "The chapter heading for" and inserting "The chapter analysis for".
(b) Lack of Punctuation in Stricken Language.--Section 46(b) of the
Criminal Law and Procedure Technical Amendments Act of 1986 is amended,
effective as of the date on which that section took effect, so that--
(A) in paragraph (1), the matter proposed to be stricken from the
beginning of section 201(b) of title 18, United States Code, reads "(b)
Whoever, directly"; and
(B) in paragraph (2), a comma, rather than a semicolon, appears after
"his lawful duty" in the matter to be stricken from paragraph (3) of
section 201(b) of that title.
(c) Biological Weapons.--(1) Section 3(b) of the Biological Weapons Anti-
Terrorism Act of 1989 is amended, effective as of the date on which that
section took effect, by striking "2516(c)" and inserting "2516(1)(c)".
(2) The item in the part analysis for part I of title 18, United States
Code, that relates to chapter 10 is amended by striking "Weapons" and
inserting "weapons".
(d) Placement of New Section.--Section 404(a) of Public Law 101-630 is
amended, effective on the date such section took effect, by striking "adding
at the end thereof" each place it appears and inserting "inserting after
section 1169".
(e) Elimination of Erroneous Characterization of Matter Inserted.--
Section 225(a) of Public Law 101-647 is amended, effective as of the date on
which that section took effect, by striking "new rule".
(f) Clarification of Placement of Amendment.--Section 1205(c) of Public
Law 101-647 is amended, effective as of the date on which that section took
effect, by inserting "at the end" after "adding".
(g) Elimination of Duplicate Amendment.--Section 1606 of Public Law 101-
647 (amending section 1114 of title 18, United States Code) is repealed
effective as of the date of enactment of that section.
(h) Error in Amendment Phrasing.--Section 3502 of Public Law 101-647 is
amended, effective as of the date on which that section took effect, by
striking "10" and inserting "ten".
(i) Clarification that Amendments Were to Title 18.--Sections 3524, 3525,
and 3528 of Public Law 101-647 are each amended, effective as of the date on
which those sections took effect, by inserting "of title 18, United States
Code" before "is amended".
(j) Correction of Paragraph Reference.--Section 3527 of Public Law 101-
647 is amended, effective as of the date on which that section took effect,
by striking "4th" and inserting "5th".
(k) Repeal of Obsolete Technical Correction to Section 1345.--Section
3542 of Public Law 101-647 is repealed, effective as of the date of its
enactment.
(l) Repeal of Obsolete Technical Correction to Section 1956.--Section
3557(2)(E) of Public Law 101-647 is repealed, effective as of the date of its
enactment.
(m) Clarification of Placement of Amendments.--Public Law 101-647 is
amended, effective as of the date of its enactment--
(1) in section 3564(1) by inserting "each place it appears" after the
quotation mark following "2251" the first place it appears; and
(2) in section 3565(3)(A) by inserting "each place it appears" after
the quotation mark following "subchapter".
(n) Correction of Word Quoted in Amendment.--Section 3586(1) of Public
Law 101-647 is amended, effective as of the date on which that section took
effect, by striking "fines" and inserting "fine".
(o) Elimination of Obsolete Technical Amendment to Section 4013.--Section
3599 of Public Law 101-647 is repealed, effective as of the date of its
enactment.
(p) Correction of Directory Language.--Section 3550 of Public Law 101-647
is amended, effective as of the date on which that section took effect, by
striking "not more than".
(q) Repeal of Duplicate Provisions.--(1) Section 3568 of Public Law 101-
647 is repealed, effective as of the date on which that section took effect.
(2) Section 1213 of Public Law 101-647 is repealed, effective as of the
date on which that section took effect.
(r) Correction of Words Quoted in Amendment.--Section 2531(3) of Public
Law 101-647 is amended, effective as of the date on which that section took
effect, by striking "1679(c)(2)" and inserting "1679a(c)(2)".
(s) Forfeiture.--(1) Section 1401 of Public Law 101-647 is amended,
effective as of the date on which that section took effect--
(A) by inserting a comma after ", 5316"; and
(B) by inserting "the first place it appears" after the quotation
mark following "5313(a)".
(2) Section 2525(a)(2) of Public Law 101-647 is amended, effective as of
the date on which that section took effect, by striking "108(3)" and
inserting "2508(3)".
SEC. 330012. AMENDMENT TO SECTION 1956 OF TITLE 18 TO ELIMINATE DUPLICATE
PREDICATE CRIMES.
Section 1956 of title 18, United States Code, is amended in subsection
(c)(7)(E), by striking the period that follows a period.
SEC. 330013. AMENDMENTS TO PART V OF TITLE 18.
Part V of title 18, United States Code, is amended--
(1) by inserting after the heading for that part the following:
"CHAPTER 601--IMMUNITY OF WITNESSES";
(2) in section 6001(1)--
(A) by striking "Atomic Energy Commission" and inserting "Nuclear
Regulatory Commission"; and
(B) by striking "the Subversive Activities Control Board,"
(3) by striking "part" the first place it appears and inserting
"chapter"; and
(4) by striking "part" each other place it appears and inserting
"title".
SEC. 330014. UPDATE OF CROSS REFERENCE.
Section 408(n)(11) of the Controlled Substances Act is amended by
striking "section 405" and inserting "section 418".
SEC. 330015. CORRECTION OF ERROR IN AMENDATORY LANGUAGE.
Section 1904 of Public Law 101-647 is amended, effective as of the date
on which that section took effect, by striking "by inserting a new subsection
(e) as follows" and inserting "so that subsection (e) reads as follows".
SEC. 330016. CORRECTION OF MISLEADING AND OUTMODED FINE AMOUNTS IN OFFENSES
UNDER TITLE 18.
Title 18, United States Code, is amended--
(1)(A) in sections 1693, 1694, 1695, and 1696 by striking "not more
than $50" and inserting "under this title";
(B) in sections 333, 489, 754, 1303, 1699, 1701, 1703, 1710, 1723,
1726, 1730, and 2390 by striking "not more than $100" and inserting
"under this title";
(C) in sections 1697 and 1698 by striking "not more than $150" and
inserting "under this title";
(D) in sections 1165 and 2279 by striking "not more than $200" and
inserting "under this title";
(E) in sections 701, 702, 703, 704, 705, 706, 707, 708, 710, 711,
711a, 713, 715, 1164, and 1858 by striking "not more than $250" each
place it appears and inserting "under this title";
(F) in sections 916, 1501, 1502, 1719, 1725, and 1861 by striking
"not more than $300" and inserting "under this title";
(G) in sections 4, 41, 42, 46, 47, 112, 154, 244, 288, 290, 336, 475,
501, 502, 755, 872, 875, 876, 877, 917, 1013, 1018, 1024, 1154, 1155,
1156, 1382, 1541, 1700, 1703, 1704, 1707, 1712, 1713, 1720, 1721, 1722,
1729, 1731, 1734, 1752, 1793, 1856, 1857, 1863, 1912, 1913, 1922, 2074,
2195, and 2511 by striking "not more than $500" each place it appears and
inserting "under this title";
(H) in sections 81, 210, 211, 215, 217, 242, 245, 291, 292, 439, 442,
480, 483, 484, 490, 491, 494, 495, 503, 507, 510, 594, 595, 596, 597,
598, 599, 604, 605, 641, 643, 645, 646, 647, 648, 649, 650, 651, 652,
653, 654, 655, 656, 657, 658, 659, 661, 662, 665, 712, 751, 752, 756,
795, 796, 797, 836, 844, 871, 875, 876, 877, 879, 911, 912, 913, 924,
957, 959, 961, 1003, 1012, 1021, 1025, 1026, 1071, 1112, 1163, 1262,
1263, 1264, 1301, 1302, 1304, 1306, 1341, 1342, 1343, 1361, 1363, 1384,
1504, 1508, 1509, 1657, 1705, 1706, 1707, 1711, 1715, 1716, 1733, 1738,
1761, 1762, 2276, 2277, 2278, 2382, and 2389 by striking "not more than
$1,000" each place it appears and inserting "under this title";
(I) in sections 331, 482, 486, 499, 755, 873, 958, 1016, 1154, 1156,
1381, 1542, 1543, 1544, 1545, 1586, 1621, 1622, 1702, 1708, 1709, 1920,
1921, 1923, 2071, 2193, 2233, 2386, and 2424 by striking "not more than
$2,000" each place it appears and inserting "under this title";
(J) in sections 431, 432, 479, 960, 1859, 1901, 1911, and 1959 by
striking "not more than $3,000" and inserting "under this title";
(K) in sections 35, 81, 112, 152, 153, 155, 212, 213, 214, 285, 334,
351, 435, 436, 438, 471, 472, 473, 476, 477, 478, 481, 485, 487, 488,
497, 498, 505, 506, 508, 509, 541, 542, 543, 544, 546, 547, 548, 549,
550, 551, 552, 592, 593, 602, 603, 606, 607, 642, 655, 658, 659, 660,
661, 663, 751, 799, 844, 872, 874, 875, 876, 877, 878, 914, 915, 924,
953, 954, 956, 1004, 1010, 1011, 1015, 1017, 1025, 1028, 1071, 1073,
1074, 1163, 1169, 1231, 1265, 1363, 1421, 1422, 1423, 1424, 1425, 1426,
1427, 1428, 1429, 1461, 1462, 1463, 1465, 1503, 1505, 1506, 1507, 1510,
1581, 1582, 1583, 1584, 1585, 1588, 1658, 1659, 1717, 1732, 1735, 1737,
1751, 1906, 1907, 1908, 1909, 1915, 1991, 2072, 2073, 2113, 2217, 2152,
2197, 2231, 2244, 2314, 2316, 2317, 2344, and 2701 by striking "not more
than $5,000" each place it appears and inserting "under this title";
(L) in sections 33, 224, 231, 241, 245, 246, 286, 289, 332, 335, 337,
351, 371, 437, 440, 441, 493, 496, 500, 510, 545, 595, 599, 600, 601,
641, 664, 665, 667, 757, 792, 793, 798, 844, 892, 893, 894, 924, 952,
955, 962, 963, 964, 965, 966, 967, 970, 1001, 1002, 1003, 1019, 1020,
1022, 1023, 1027, 1082, 1084, 1115, 1202, 1361, 1362, 1364, 1365, 1385,
1461, 1462, 1464, 1587, 1623, 1654, 1656, 1735, 1737, 1751, 1902, 1903,
1904, 1910, 1951, 1952, 1953, 1954, 1958, 1992, 2101, 2113, 2153, 2154,
2155, 2156, 2231, 2232, 2271, 2274, 2275, 2314, 2315, 2383, 2386, 2387,
2388, and 2512 by striking "not more than $10,000" each place it appears
and inserting "under this title";
(M) in section 1028 by striking "not more than $15,000" and inserting
"under this title";
(N) in sections 844, 878, 1728, 1955, 1958, 2321, 2384, and 2385 by
striking "not more than $20,000" each place it appears and inserting
"under this title";
(O) in sections 32, 114, 753, 1028, 1365, 1512, 1792, and 2118 by
striking "not more than $25,000" each place it appears and inserting
"under this title";
(P) in section 2118 by striking "not more than $35,000" and inserting
"under this title";
(Q) in sections 1365, 1958, and 2118 by striking "not more than
$50,000" and inserting "under this title";
(R) in section 951 by striking "not more than $75,000" and inserting
"under this title";
(S) in sections 32, 1167, 1365, 2251, and 2344 by striking "not more
than $100,000" each place it appears and inserting "under this title";
(T) in section 2251 by striking "not more than $200,000" and
inserting "under this title"; and
(U) in sections 1158, 1167, 1512, 1513, 2251, 2318, 2320, and 2701 by
striking "not more than $250,000" and inserting "under this title";
(2)(A) in sections 3 and 373 by inserting "(notwithstanding section
3571)" before "fined not more than one-half";
(B) in section 113 by striking "fine of not more than" through the
immediately following dollar amount each place it appears and inserting
"a fine under this title";
(C) in sections 115, 513, 709, 831, 1366, 1511 and 1959 by striking
"of not more than" through the immediately following dollar amount each
place it appears and inserting "under this title";
(D) in section 201 by inserting "under this title or" after "be
fined"; and by inserting "whichever is greater," before "or imprisoned";
(E) in section 402 by striking "fine" the first place it appears and
inserting "a fine under this title";
(F) in section 443 by striking "shall, if a corporation, be fined not
more than $50,000, and, if a natural person, be fined not more than
$10,000" and inserting "shall be fined under this title";
(G) in sections 643, 644, 645, 647, 648, 649, 650, 651, 652, 653, and
1711 by inserting "under this title or" after "be fined" the first place
it appears; and by inserting ", whichever is greater," before "or
imprisoned the first place it appears;
(H) in sections 646 and 654 by inserting "under this title or" after
"be fined" the first place it appears; and by inserting "whichever is
greater," before "or imprisoned" the first place it appears;
(I) in section 1029 by striking "of not more than" through the
immediately following dollar amount each place it appears and inserting
"under this title"; and by inserting ", whichever is greater," before "or
imprisonment" each place it appears;
(J) in section 2381 by inserting "under this title but" before "not
less than $10,000"; and
(K) in section 3146(b)(1)(A)(iv) by striking "fine under this
chapter" and inserting "fined under this title".
SEC. 330017. TECHNICAL CORRECTIONS TO TITLE 31 CRIMES.
(a) Title 31, U.S.C., Amendments.--
(1) Section 5321(a)(5)(A) of title 31, United States Code, is amended
by inserting "any violation of" after "causing".
(2) Section 5324(a) of title 31, United States Code, is amended--
(A) by striking "section 5313(a), section 5325, or the
regulations issued thereunder or section 5325 or regulations
prescribed under such section 5325" each place it appears and
inserting "section 5313(a) or 5325 or any regulation prescribed under
any such section"; and
(B) by striking "with respect to such transaction".
(b) Amendment Relating to Title 31, U.S.C.--
(1) Effective as of the date of enactment of the Annunzio-Wylie Anti-
Money Laundering Act, section 1517(b) of that Act is amended by striking
"5314" and inserting "5318".
(2) Section 5239 of the Revised Statutes of the United States is
amended by redesignating the second subsection (c) (as added by section
1502(a) of the Annunzio-Wylie Anti-Money Laundering Act) as subsection
(d).
SEC. 330018. REPEAL OF SUPERFLUOUS STATUTE OF LIMITATION AND TRANSFER OF
CHILD ABUSE STATUTE OF LIMITATION.
(a) In General.--Section 3283 of title 18, United States Code, is amended
to read as follows:
"Sec. 3283. Child abuse offenses
"No statute of limitations that would otherwise preclude prosecution for
an offense involving the sexual or physical abuse of a child under the age of
18 years shall preclude such prosecution before the child reaches the age of
25 years.".
(b) Conforming Repeal.--Section 3509(k) of title 18, United States Code,
is amended by striking the subsection heading and the first sentence and
inserting "Stay of Civil Action.--".
(c) Technical Amendment.--The item in the chapter analysis for chapter
213 of title 18, United States Code, that relates to section 3283 is amended
to read as follows:
"3283. Child abuse offenses.".
SEC. 330019. TECHNICAL ERRORS IN SECTION 1956.
(a) Technical Corrections.--Section 1956 of title 18, United States Code,
is amended--
(1) in subsection (c)(7)(B)(iii) by inserting a close parenthesis
after "1978";
(2) by redesignating the second subsection (g) as subsection (h); and
(3) in subsection (a)(2) by inserting "not more than" before
"$500,000".
(b) Cross Reference Correction.--Section 1956(c)(7)(D) of title 18,
United States Code, is amended by striking "section 9(c) of the Food Stamp
Act of 1977" and inserting "section 15 of the Food Stamp Act of 1977".
SEC. 330020. TECHNICAL ERROR.
Section 1957(f)(1) of title 18, United States Code, is amended by
striking the comma that follows a comma.
SEC. 330021. CONFORMING SPELLING OF VARIANTS OF "KIDNAP".
Title 18, United States Code, is amended--
(1) by striking "kidnaping" each place it appears and inserting
"kidnapping"; and
(2) by striking "kidnaped" each place it appears and inserting
"kidnapped".
SEC. 330022. MARGIN ERROR.
Section 2512(2) of title 18, United States Code, is amended by realigning
the matter that begins with "to send through" and ends with "electronic
communications" so that it is flush to the left margin.
SEC. 330023. TECHNICAL CORRECTIONS RELATING TO SECTION 248 OF TITLE 18,
UNITED STATES CODE.
(a) In General.--Chapter 13 of title 18, United States Code, is amended--
(1) in the chapter analysis so that the item relating to section 248
reads as follows:
"248. Freedom of access to clinic entrances.";
(2) so that the heading of section 248 reads as follows:
"Sec. 248. Freedom of access to clinic entrances"; and
(3) in section 248(b) by inserting ", notwithstanding section 3571,"
before "be not more than $25,000".
(b) Effective Date.--The amendments made by this subsection (a) shall
take effect on the date of enactment of the Freedom of Access to Clinic
Entrances Act of 1994.
SEC. 330024. TECHNICAL AMENDMENTS NECESSITATED BY THE ENACTMENT OF THE
DOMESTIC CHEMICAL DIVERSION CONTROL ACT OF 1993.
(a) Missing conjunction.--Section 102(39)(A)(iv) of the Controlled
Substances Act (21 U.S.C. 802(39)(A)(iv)) is amended by striking the period
at the end and inserting "; or".
(b) Punctuation and Indentation Correction.--Section 102(34) of the
Controlled Substances Act is amended--
(1) by moving subparagraphs (V) and (W) two ems toward the left
margin;
(2) in subparagraph (V) by striking "b" and inserting "B"; and
(3) in subparagraph (W) by striking "n" the first place it appears
and inserting "N".
(c) Erroneous Cross References.--
(1) Section 5(a) of the Domestic Chemical Diversion Control Act of
1993 is amended by striking "section 1505(a)" and inserting "section 4".
(2) Section 9(b) of the Domestic Chemical Diversion Control Act of
1993 is amended by striking "Controlled Substances Act" and inserting
"Controlled Substances Import and Export Act".
(d) Correction of Amendatory Language.--
(1) Section 2(a)(4)(B) of the Domestic Chemical Diversion Control Act
of 1993 is amended by inserting "the first place it appears" before the
semicolon.
(2) Section 5(b)(3) of the Domestic Chemical Diversion Control Act of
1993 is amended by striking "at the end" and inserting "after paragraph
(4)".
(e) Missing Conforming Amendment.--Section 304(g) of the Controlled
Substances Act is amended by inserting "or chemical" after "such substance"
in the last sentence.
(f) Effective Date.--The amendments made by this section shall take
effect as of the date that is 120 days after the date of enactment of the
Domestic Chemical Diversion Control Act of 1993.
SEC. 330025. VICTIMS OF CRIME ACT.
(a) Incorrect Section Reference.--Section 1402(d)(3) of the Victims of
Crime Act of 1984 (42 U.S.C. 10601(d)(3)) is amended by striking "1404(a)"
and inserting "1404A".
(b) Missing Text.--Section 1403(b)(1) of the Victims of Crime Act of 1984
(42 U.S.C. 10602(b)(1)) is amended by inserting after "domestic violence" the
following: "for--
"(A) medical expenses attributable to a physical injury resulting
from compensable crime, including expenses for mental health
counseling and care;
"(B) loss of wages attributable to a physical injury resulting
from a compensable crime; and
"(C) funeral expenses attributable to a death resulting from a
compensable crime".
And the House agree to the same.
That the Senate recede from its disagreement to the amendment of the
House to the title of the bill and agree to the same with an amendment as
follows:
In lieu of the matter proposed to be inserted by the amendment of the
House to the title of the bill, insert the following: "An Act to control and
prevent crime.".
And the House agree to the same.
Jack Brooks,
Don Edwards,
Bill Hughes,
Charles Schumer,
John Conyers,
Pat Schroeder,
Barney Frank,
Michael N. Castle,
As additional conferees from the Committee on Agriculture, for
consideration of sections 4601-08, 5105, and 5145 of the Senate
amendment, and modifications committed to conference:
E de la Garza,
Charlie Rose,
Charlie Stenholm,
Pat Roberts,
Richard Pombo,
As additional conferees from the Committee on Banking, Finance and
Urban Affairs, for consideration of sections 2201-04, 2301, and 4901-
33 of the Senate amendment, and sections 1031(b), 1038, and 1099AA-
1099CC of the House amendment, and modifications committed to
conference:
Henry Gonzalez,
Stephen Neal,
Bruce F. Vento,
As additional conferees from the Committee on Education and Labor,
for consideration of sections 631-33, 662(e), 662(f), 811-16, 921-28,
1121-50, 1331, 2801-03, 3261, 3263, 3311, 3341, 3351, 3361, 3381-83,
3501, 3707, 4001-09, 4301-04, 4701-02, 4801-09, 4901-33, 5120, 5122,
5135, 5140, 5142-43, and 5147 of the Senate amendment, and sections
1010-26, 1030-34, 1038, 1051-52, 1065-71, 1081-96, 1099A-1099G,
1099H-1099O, 1099P-1099T, 1606, 1610, 1653-54, 1902(e), 1902(f),
2201-02, 2701-39, 3061-62, 3089-90, of the House amendment, and
modifications committed to conference:
William D. Ford,
Dale E. Kildee,
As additional conferees from the Committee on Energy and Commerce,
for consideration of sections 1503-04, 1511-23, 1532, 1534-35, 1537,
1902(e), 3101-03, 3261, and 5166 of the Senate amendment, and
sections 1010-26, 1041-44, 1606, 2901-03, and 3086 of the House
amendment, and modifications committed to conference:
John D. Dingell,
Henry A. Waxman,
Cardiss Collins,
As additional conferees from the Committee on Government Operations,
for consideration of sections 1353-54, 1535, and 5150 of the Senate
amendment, and sections 1075-76 of the House amendment, and
modifications committed to conference:
Provided, Mr. Spratt and Mr. Kyl are appointed in lieu of Mr. Waxman
and Mr. Clinger solely for the consideration of sections 1535 and
5150 of the Senate amendment.
John M. Spratt, Jr.,
As additional conferees from the Committee on Merchant Marine and
Fisheries, for consideration of sections 713-15, 4601-08, 5105, and
5145 of the Senate amendment, and modifications committed to
conference:
Gary E. Studds,
George Hochbrueckner,
As additional conferees from the Committee on Natural Resources, for
consideration of sections 3232-33, 4601-08, and 5145 of the Senate
amendment and sections 1099U-1099Z of the House amendment, and
modifications committed to conference:
George Miller,
Bruce Vento,
Karen Shepherd,
Don Young,
Provided, Ms. English of Arizona is appointed in lieu of Ms. Shepherd
solely for the consideration of sections 4601-08 of the Senate
amendment.
Karen English,
Provided, Mr. Hinchey is appointed in lieu of Ms. Shepherd solely for
the consideration of sections 1099U-1099Z of the House amendment.
Maurice Hinchey,
As additional conferees from the Committee on Post Office and Civil
Service, for consideration of sections 1352 and 3371 of the Senate
amendment, and modifications committed to conference:
William Clay,
Frank McCloskey,
Eleanor H. Norton,
Constance Morella,
As additional conferees from the Committee on Public Works and
Transportation, for consideration of sections 1533, 1536, and 3231 of
the Senate amendment, and section 1801 of the House amendment and
modifications committed to conference:
Norman Y. Mineta,
Nick Rahall,
Bud Shuster,
Thomas E. Petri,
As additional conferees from the Committee on Rules, for
consideration of sections 1353-54 of the Senate amendment, and
modifications committed to conference:
Butler Derrick,
As additional conferees from the Committee on Ways and Means, for
consideration of sections 311(b), 1502, 1515-16, 1802, 4702(e)(1),
5102, and 5113 of the Senate amendment, and modifications committed
to conference:
Dan Rostenkowski,
Sam Gibbons,
J.J. Pickle,
Managers on the Part of the House.
Joseph R. Biden, Jr.,
Ted Kennedy,
Howard Metzenbaum,
Dennis DeConcini,
Pat Leahy,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at the conference on
the disagreeing votes of the two Houses on the amendment of the House to the
bill (H.R. 3355), to amend the Omnibus Crime Control and Safe Streets Act of
1968 to allow grants to increase police presence, to expand and improve
cooperative efforts between law enforcement agencies and members of the
community to address crime and disorder problems, and otherwise to enhance
public safety, submit the following joint statement to the House and the
Senate in explanation of the effect of the action agreed upon by the managers
and recommended in the accompanying conference report:
TITLE I--PUBLIC SAFETY AND POLICING
House sections 1401-02 recede to Senate sections 101-02 and that portion
of section 103 dealing with "Cops on the Beat" with the following
modifications: the minimum amount for each qualified State is 0.5 percent;
all applications will be direct to the Attorney General with special
provisions for expedited submission and approval of applications from
America's small jurisdictions as well as for small grants for non-police
hiring; cost per police officer shall be limited to $75,000 which may be
expended for periods up to five years; hiring funds may also be used to train
new career law enforcement officers for community policing; 50 percent of the
monies must be granted to jurisdictions with populations over 150,000, the
remaining 50 percent must be allocated to jurisdictions with populations of
150,000 or less; the addition of the House provision regarding coordination
of other Federal programs; a revised minority recruitment section; the
addition of Indian tribal governments; and other modifications.
The Conferees are particularly concerned about those areas where members
of racial and ethnic minority groups and women are highly under-represented
in the law enforcement agency's sworn positions. The Conferees encourage the
Attorney General to review this matter carefully in the applications from
such areas.
One of the modifications permits additional flexibility in the use of
grant funds. The Conferees were informed that, in some police departments,
payment of overtime or purchase of computers or other technology or the
employment of support personnel will enable officers to be deployed, or
redeployed from non-patrol assignments, to community-oriented policing
assignments. The additional flexibility is intended to achieve that goal.
Thus, in addition to the use of grant funds pursuant to 1701(b) to hire
or rehire police officers, a limited amount of such funds can be used for the
payment of overtime or procurement of equipment, technology or support
systems or support personnel, provided that expenditures for such purposes
enable additional officers to be deployed to community-oriented policing
assignments. The Conferees also note that, in appropriate circumstances, the
permissible uses of the funding pursuant to section 1701(d) could also
include payment for overtime.
The Conferees intend that the Attorney General, in awarding grants that
will be used for redeployment purposes, take into consideration the extent to
which police departments are committed to consultation about such
redeployment with representatives of local labor organizations that represent
police officers.
The Conferees also note Congress has found with regard to this title
that: (1) according to data compiled by the Federal Bureau of Investigation,
in 1961, there was approximately 1 reported violent crime per city police
officer; but, while from 1961-1991 there was no substantial increase in
United States cities' police employment rate, during the same period the
number of reported violent crimes per city police officer rose to
approximately 4.6 per officer; (2) National Crime Survey figures indicate
that nearly 5,000,000 households in the United States had at least 1 member
who had been a victim of violent crime during 1991; (3) these victims of
violence experienced more than 6,400,000 crimes of which about one-half were
reported to law enforcement authorities; (4) community-oriented policing
("cops on the beat") enhances communication and cooperation between law
enforcement and members of the community; (5) such communication and
cooperation between law enforcement and members of the community
significantly assists in preventing and controlling crime and violence, thus
enhancing public safety; and (6) while increasing and maintaining police
resources and presence in the community are the long-term responsibility of
State and local governments, State and local law enforcement agencies are in
need of immediate assistance to begin the process of rehiring officers who
have been laid off for budgetary reasons and hiring new, additional officers
to assist in the implementation of community-oriented policing.
TITLE II--PRISONS
Subtitle A--Violent Offender Incarceration and Truth in Sentencing Incentive
Grants
Senate sections 1321 and 1341 recede to House sections 601-05 and 801-04
with modifications.
Subtitle B--Punishment for Young Offenders
Senate section 1203, Certainty of Punishment for Young Offenders, recedes
to House sections 2101-03 with modifications.
Subtitle C--Alien Incarceration
Senate section 5136, reimbursement for the costs of incarcerating
criminal illegal aliens, recedes to House section 2403 with modifications to
change the compensation criteria and funding provision.
Subtitle D--Miscellaneous
Section 20401--House recedes to Senate section 1301, offender's place of
imprisonment.
Section 20402--House recedes to Senate section 1302, prison impact
statements, with modification.
Section 20403--House recedes to Senate section 1305, criminal fines to
account for the cost of imprisonment.
Section 20404--House recedes to Senate section 1325, supervised release
pertaining to probation or parole.
Section 20405--House recedes to Senate section 5101, "good time credits,"
with modification.
Sections 20406-07--House section 3046 recedes to Senate section 5107,
task force on prison design and construction and section 5112, encouraging
and assessing low-cost construction components, with modifications. The
Conferees note the sense of Congress that, in providing assistance to State
and local governments, the Attorney General should emphasize the provision to
technical assistance in implementing methods to promote cost efficiency and
realization of savings.
Section 20408--House recedes to Senate section 5120, panel of
correctional educational experts, with modification.
Section 20409--House section 3080, prison overcrowding, recedes to Senate
section 5139. The Conferees note that this section has no effect on the
certification or success of class action lawsuits.
Section 20410--House recedes to Senate section 5149, Sense of Senate
regarding prison facilities in Lorton, with technical modifications.
Section 20411--Senate section 5135, Pell grants, recedes to House section
3089.
Section 20412--Senate recedes to House section 3095, requiring prisoners
to earn a high school diploma or G.E.D., with modifications.
Section 20413--Senate recedes to House section 3021 with modifications to
delete subsection (c), remove limit on facilities suitable for conversion,
and conforming modifications.
Section 20414--House recedes to Senate section 1303 with modification.
Section 20415--House recedes to Senate section 1801-02, Bail Posting
Reporting, with modifications to the reporting requirements regarding the
Internal Revenue Service.
Section 20416--House sections 3070-74, Civil Rights of Institutionalized
Persons, recede to Senate section 5103 with modification to change subsection
(b) to conform with current law.
Section 20417--House recedes to Senate section 1324, notification of
release of prisoners, with modification to lodge responsibility in the
appropriate Federal entity.
Section 20418--House recedes to Senate sections 4701-02, Correctional Job
Training and Placement, with technical modification. The Conferees note with
respect to this provision Congress finds that job training and placement are
important to, and make a significant contribution to, the readjustment to
society of incarcerated persons and ex-offenders; and there is a growing need
for immediate action by the Federal Government to assist State and local job
training programs, and job placement programs, that provide services to
incarcerated persons or ex-offenders.
Senate section 1322, NIJ study of inmate transfers, recedes to House.
Senate section 1323, NIJ study of recidivism rates, recedes to House.
Senate section 5125, use of anti-loitering laws, recedes to House.
Senate section 5113 recedes to House.
Senate section 5138, improvement of Federal and State fingerprinting
systems, recedes to House.
Senate section 5153, Sense of Senate regarding Federal Prison Industries,
recedes to House.
Senate section 5165, reviewing capacity of Federal prisons to accommodate
State prisoners, recedes to House.
House section 3066, strength training in prisons, recedes to Senate.
It is the intent of the Conferees that, with the exception of Subtitle B
of Title II (which provides for correctional programming for offenders up to
the age of 22), all programs and activities for juvenile offenders funded
under this legislation shall be carried out in a manner consistent with the
mandates of the Juvenile Justice and Delinquency Prevention Act (42 U.S.C.
Sec. 5600 et seq.).
TITLE III--CRIME PREVENTION
Subtitle A--Ounce of Prevention Council
Section 30101--House section 1010 recedes to Senate section 103, Ounce of
Prevention, with modifications including to: (1) give President the authority
to designate chair, (2) give authority to the Council to coordinate any
program under the bill, but only at the request of the Council member with
jurisdiction over the program; (3) revise Council's administrative
responsibilities or powers; (4) revise evaluation component.
The Conferees note the work of the National Crime Prevention Council,
which serves as a resource center for the prevention of crime, violence, and
substance abuse. Such work is reflected in the design of a variety of
programs in this bill.
Section 30102-04--Senate recedes to House section 1011 with
modifications.
Subtitle B--Local Crime Prevention Block Grant Program
Section 30201-08--Conferees consolidate various House and Senate crime
prevention programs in a Local Crime Prevention Block Grant Program. The
Attorney General is to allocate funds directly to units of local government
based on the number of violent crimes and at-risk children. Funds are
permitted to be used to carry out one or more of the purposes of the
following House and Senate provisions: Senate section 633, Youth Development
Centers; Senate section 5143, Olympic Youth Development Centers; Senate
section 631, Juvenile Drug and Gang Prevention Grants; Senate sections 4001-
09, Child Safety; House sections 1065-71, National Triad Program; House
sections 1099I-990, Gang Prevention Services for Boys and Girls; House
sections 1081-96, Youth Employment and Skills Crime Prevention; House section
1038, Midnight Sports; House sections 1099P-99T, Anti-Crime Youth Councils;
House sections 1099A-99C, Boys and Girls Clubs in Public Housing; House
sections 1099B-99G, Hope in Youth; House proposal regarding Safe Senior
Corridors; and House sections 1030-34, Police Partnerships and Safe Low
Income Housing.
CHILD SAFETY
The Conferees note that the problem of family violence does not
necessarily cease when the victimized family is legally separated, divorced,
or otherwise not sharing a household. During separation and divorce, family
violence often escalates, and child custody and visitation become the new
forum for the continuation of abuse. Some perpetrators use the children as
pawns to control the abused party after the couple is separated. Every year
an estimated 1,000 to 5,000 children are killed by their parents in the
United States. In 1988, the Department of Justice reported that 354,100
children were abducted by family members who violated custody agreements or
decrees (most victims were children from ages 2 to 11 years). Approximately
160,000 children are seriously injured or impaired by abuse or neglect each
year. Studies by the American Humane Association indicate that reports of
child abuse and neglect have increased by over 200 percent from 1976 to 1986;
approximately 90 percent of children in homes in which their mothers are
abused witness the abuse. Data indicates that women and children are at
elevated risk for violence during the process of and after separation; and 50
to 70 percent of men who abuse their spouses or partners also abuse their
children. Up to 75 percent of all domestic assaults reported to law
enforcement agencies were inflicted after the separation of the couples; in
one study of spousal homicide, over half of the male defendants were
separated from their victims, seventy-three percent of battered women seeking
emergency medical services do so after separation.
THE TRIAD MODEL
The Conferees note that Triad cooperative models are sponsored by the
National Sheriff's Association (NSA), the International Association of Chiefs
of Police (IACP), and the American Association of Retired Persons (AARP).
The Conferees also note that older Americans are among the most rapidly
growing segments of our society; currently, older Americans comprise 15
percent of our society, and predictions are that by the turn of the century
they will constitute 18 percent of the nation's population; older Americans
find themselves uniquely situated in the society, environmentally and
physically; many older Americans are experiencing increased social isolation
due to fragmented and distant familial relations, scattered associations,
limited access to transportation, and other insulating factors; physical
conditions such as hearing loss, poor eyesight, lessened agility, and chronic
and debilitating illnesses often contribute to a senior citizen's
susceptibility to criminal victimization; older Americans are too frequently
the victims of abuse and neglect, violent crime, property crime, consumer
fraud, medical quackery, and confidence games; studies have found that older
Americans who are victims of violent crime are more likely to be injured and
require medical attention than are younger victims; victimization data on
crimes against older Americans are incomplete and out of date, and data
sources are partial, scattered, and not easily obtained; although a few
studies have attempted to define and estimate the extent of abuse and neglect
of older Americans, both in their homes and in institutional settings, many
experts believe that abuse and neglect crimes are substantially underreported
and undetected; similarly, while some evidence suggests that older Americans
may be targeted in a range of fraudulent schemes, neither the Uniform Crime
Report nor the National Crime Survey collects data on individual- or
household-level fraud; many law enforcement agencies do not have model
practices for responding to the criminal abuse of older Americans; law
enforcement officers and social service providers come from different
disciplines and frequently bring different perspectives to the problem of
crimes against older Americans; the differences in approaches can inhibit a
genuinely effective response; there are a few efforts currently under way
that seek to forge partnerships to coordinate criminal justice and social
service approaches to victimization of older Americans; the Triad program,
sponsored by the National Sheriffs' Association (NSA), the International
Association of Chiefs of Police (IACP), and the American Association of
Retired Persons (AARP), is one such effort; the Assistant Secretary for
Aging, as the senior executive branch officer formulating older Americans
policy is an appropriate leader in efforts to reduce violent crime against
older Americans; and recognizing that older Americans have the same
fundamental desire as other members of our society to live freely, without
fear or restriction due to the criminal element, the Federal government
should seek to expand efforts to reduce crime against this growing and
uniquely vulnerable segment of our population.
GANG PREVENTION SERVICES FOR BOYS AND GIRLS
The Conferees note that services provided through existing federally
supported gang prevention programs do not adequately address the needs of
boys and girls in communities with high levels of gang activity and other
barriers to service (such as large concentrations of minority populations who
have limited English speaking proficiency, geographically isolated
populations, and communities in which social service providers are limited or
nonexistent); children who are exposed to gang activity at an early age are
more likely to become gang-involved than children who are exposed to such
activity later in life, or children who are never exposed to such activity;
gangs are increasingly targeting younger children for recruitment, especially
children at middle schools and elementary schools; Federal studies indicate
that violent crime has increased more significantly in the gang population
compared to the adult population; and small community-based service agencies
with strong ties to the educational and law enforcement systems offer the
best chance to prevent young children from becoming involved in gangs.
HOPE IN YOUTH
The Conferees note that larger cities around the country, particularly
those involved in empowerment zones, are attempting to empower low-income and
ethnic minority communities; programs that involve local government and local
community leaders and that include significant participation by service
providers, service participants, and service funders, as equal partners in
the design and direction of a myriad of social service support programs have
been among the most effective demonstration models; programs that attempt to
link disenfranchised and disconnected citizens through an umbrella
organization that provides guidance to public and private service providers
have proven to be an effective strategy for empowering local low-income
communities; families in low-income communities have not attained their full
potential as productive citizens, and Federal efforts thus far have been
insufficient to assist them in fully realizing that potential.
POLICE PARTNERSHIPS
The Conferees note that homicide is the second leading cause of juvenile
injury deaths for all youth 15 to 24 years of age. Homicide rates for
children and youth have more than doubled since 1950. Teenagers are more than
twice as likely as adults to be victims of violent crime, such as rape,
robbery or assault. Physical fighting severe enough to require medical
treatment for at least one participant occurs among high school students in
patterns similar to those of homicide. The incidence rates of such physical
fighting are higher for males than females, higher for minorities than for
nonminorities, and more frequent between acquaintances than among strangers.
Children increasingly live amidst chronic community violence and experience
trauma as a result of such violence. One survey of inner-city children 6 to
10 years of age found that over 90 percent had witnessed some type of
violence. A Chicago housing project survey found that virtually all children
in such survey had firsthand experiences with shootings by the age of 5.
Children who have been the victims of, or who have witnessed violence, are at
risk of becoming involved in further violence if the trauma such children
have experienced is not addressed. Police frequently encounter children who
have been the victims of violence or who have witnessed violence in the
course of the police work, but the police often lack the resource necessary
to adequately respond to such children's needs. Child and family service
agencies have expertise in child development and family issues that could
support police efforts. Community-based police, by their visibility at the
neighborhood level and their engagement in benign activities, can provide
role models and resources to promote the well-being of children and families,
as well as to identify and refer those at risk for behavioral problems.
Subtitle C--Model Intensive Grant Programs
Senate recedes to House sections 1001-07, Model Intensive Grants, with
modifications to add a provision ensuring equitable distribution of grants;
to include a definition of the term "State"; and to permit consultation with
the Ounce of Prevention Council.
Subtitle D--Family and Community Endeavor Schools Grant Program
House sections 1015-24, Community Schools, recede to Senate section 5142
with modifications which include dividing the program into two separate
programs: (1) Community Schools, with responsibility lodged in the Secretary
of Health and Human Services in consultation and coordination with the
Attorney General, and (2) Family and Community Endeavor Schools (FACES), with
responsibility lodged in the Secretary of Education.
COMMUNITY SCHOOLS
The Conferees note the sense of the Congress with regard to Community
School that public-private partnerships between government and community-
based organizations offer an opportunity to empower distressed and
disconnected communities to develop their resources and abilities in order to
meet the needs of children, forge innovative solutions to the challenges
confronting the development of the children in such communities, and create
environments where children grow up learning a healthy respect for
themselves, for neighbors, and for their communities; increased resources
should be invested in public-private partnerships; and community-based
organizations, acting through such public-private partnerships should provide
year-round supervised sports programs, and extracurricular and academic
programs, for children in the communities, and in providing such
extracurricular and academic programs, should promote the positive character
development of such children through programs such as curriculum-based
supervised educational, work force preparation, entrepreneurship, cultural,
and health programs, social activities, arts and crafts programs, dance
programs, tutorial and mentoring programs, and other related activities.
The Conferees also note that Congress has found with regard to this
program the following: parents are devoting less time than in previous
generations to the supervision, education, and nurturing of their children;
the lack of supervision and meaningful activity after school contributes to
the spread of violent juvenile delinquency in the form of youth and gang
violence, drug trafficking, dangerous and self-destructive behavior, and lack
of hope among children in our Nation; every child has the capacity to be
productive and law abiding and deserves to grow in a safe and protected
environment; communities have a responsibility to develop the children of our
Nation into productive adults; because of their centrality, public schools
are among the best facilities that communities can use to provide needed
space and support services for programs for children; schools are most
effective at serving a community when the people of the community are
involved in activities designed to fulfill the needs of children in the
community; and activities provided in community centers, recreational
facilities, and other places where children gather, have a significant impact
and influence on the behavior and attitudes of children.
FAMILY AND COMMUNITY ENDEAVORS SCHOOLS
The Conferees note that Congress has found with regard to this program
that: (1) children in areas with a high incidence of poverty are more likely
to be exposed to problems created by economic deprivation, poor housing,
overwhelming family responsibilities, inadequate parental educational
background or parental substance abuse and are at risk of failure; (2)
students from poor families are 3 times more likely to drop out of school
than students from more advantaged homes; (3) without social intervention,
at-risk children are often unable to improve academic performance; (4)
schools are accessible, central resources in every community where social and
education services can be coordinated and disseminated to at-risk children
and their families; (5) schools are most effective at serving a community
when the people of the community are involved in school management and help
design activities to fulfill the needs of children in the community; and (6)
many schools have successfully improved the academic performance and social
development of at-risk children by instituting an organizational and
management plan that incorporates parental involvement in school management
and incorporates mental health and social intervention services in the daily
academic curriculum.
Subtitle G--Assistance for Delinquent and At-Risk Youth
Senate recedes to House sections 1051-52, Assistance for Delinquent and
At-Risk Youth, with technical modification.
Subtitle H--Police Recruitment
Senate recedes to House sections 1061-62, Police Recruitment, with
technical modification. The term 'non-profits' includes, but is not limited
to, public institutions of higher education that so qualify under section
501(c)(3) of the Internal Revenue Code.
Subtitle J--Local Partnership Act
Senate recedes to House section 1075-76, Local Partnership Act, with
various modifications including the clarification of the purposes for which
funds under this program can be used. The Local Partnership Act ("LPA") is
authorized for fiscal years 1995 through 2000 rather than for fiscal years
1995 and 1996. At the request of the Administration, the LPA will be
administered by the Secretary of Housing and Urban Development ("HUD") rather
than the Secretary of Treasury, and HUD may delegate some or all of its
administrative responsibilities to other Executive branch departments and
agencies. Two and one-half percent of the total funds authorized for the LPA
are authorized to be appropriated for fiscal years 1995 through 2000 for
administrative costs of HUD in administering the LPA. Checks will be sent to
local governments by HUD within 90 days of the actual appropriation of funds
rather than 60 days. Technical changes are made in the LPA's allocation
formula so that HUD will be able to replicate for fiscal year 1995 the dollar
allocations to 39,000 local governments produced by the General Accounting
Office ("GAO") on April 25, 1994; for later years HUD is free to use more
reliable data--if available--than the data used by GAO.
The Conferees note that, in some areas of the country, public functions
such as transportation, education, and hospitals are supported by property or
sales taxes collected by separate taxing jurisdictions. The Conferees expect
HUD, in consultation with the Governments Division of the Bureau of the
Census, to report to the Committee on Government Operations on the operation
of the Local Partnership Act in such areas and to include in its report any
suggestions on changes to the statutory definition of the general tax effort
factor.
The Conferees agreed to an amendment dealing with payments of less than
$5,000 to Indian tribes and Alaskan native villages.
The Conferees also agreed to an amendment providing that GAO will report
to Congress on a comparison of waste and efficiency under the LPA compared to
other comparable Federal programs.
The Local Partnership Act contains a one percent set-aside for the
Commonwealth of Puerto Rico, Guam, American Samoa, and the Virgin Islands.
The allocation formula for local governments within the 50 States does not
apply to these four jurisdictions. The Conferees expect, however, that
objective criteria, such as population and/or per capita income, will be used
to ensure an equitable distribution of these funds regrading the local
governments within these four jurisdictions.
Subtitle K--National Community Economic Partnership
House recedes to Senate sections 4901-33, Community Economic Partnership
Act.
Subtitle O--Urban Recreation and At-Risk Youth
Senate recedes to House sections 1099U-99Z, Urban Recreation and At-Risk
Youth, with modifications.
Subtitle Q--Community Based Grants for Prosecutors
Senate recedes to House sections 1099DD-99KK, Community Based Justice
Grants for Local Prosecutors, with modifications.
Subtitle S--Family Unity Demonstration Project
House recedes to Senate sections 4101-22, Family Unity Demonstration
Project, with the following modifications: a child is defined as less than
seven years of age; the definition of eligible offender as well as the
definition of a State are clarified; the Attorney General is designated as
the responsible official; and technical modification.
The Conferees note that Congress finds with regard to this program an
increasing number of children are becoming separated from their primary
caretaker parents due to the incarceration of the parents in prisons and
jails; such separation of children from their primary caretaker parents can
cause harm to children's psychological well-being and hinder their growth and
development; a significant number of children are born shortly before or
during the incarceration of their mothers and are then quickly separated from
their mothers, preventing the parent-child bonding that is crucial to
developing in children a sense of security and trust; maintaining close
relationships with their children provides a powerful incentive for prisoners
to participate in and successfully benefit from rehabilitative programs; and
maintaining strong family ties during imprisonment has been shown to decrease
recidivism, thereby reducing prison costs.
Subtitle T--Substance Abuse Treatment in Federal Prisons
Senate section 1304, Drug Treatment in Federal Prisons, recedes to House
section 2001 with modifications to subject the program to the availability of
appropriations, to require the Bureau of Prisons to provide residential
treatment, and to limit the early release incentive for successful program
completion to non-violent offenders.
The authority provided to the Bureau of Prisons under this section is not
to be construed as limiting any authority already possessed by the Bureau of
Prisons with respect to the release of inmates.
Subtitle U--Residential Substance Abuse Treatment for State Prisoners
Senate section 1204 recedes to House sections 2301-02, Substance Abuse
Treatment in State Prisons, with modifications to clarify that certain local
detention facilities are eligible; extend the time for approval of an
application to not later than 90 days; change the time period for residential
substance abuse treatment programs to those lasting between 6 and 12 months;
and designate the Attorney General as the responsible official.
Subtitle V--Prevention, Diagnosis, and Treatment of Tuberculosis in
Correctional Institutions
House recedes to Senate section 5121, tuberculosis prevention, with
modification to include National Institute of Corrections rather than
National Institute of Justice.
Subtitle X--Gang Resistance Education and Training
House recedes to Senate section 5163, Gang Resistance Education and
Training Projects, with modifications. The Conferees intend that the
Secretary of the Treasury will consult with the Director of the BATF
regarding the selection of communities for participation in this program.
TITLE IV--VIOLENCE AGAINST WOMEN
Subtitle A--Safe Streets for Women
CHAPTER 1--FEDERAL PENALTIES FOR SEX CRIMES
Section 40111--House recedes to Senate section 3211, increasing penalties
for repeat offenders, with modifications regarding foreign country
convictions.
Section 40112--House recedes to Senate section 3212, Federal penalties.
Section 40113--House section 1609 recedes to Senate sections 3213 and the
restitution provisions of 3321 and 3704-05, with modifications including: if
a court finds a defendant is unable to pay any amount of restitution under
any reasonable schedule of payments, the court must enter an order providing
for a nominal restitution award; victims are permitted to enforce restitution
awards; victims can recover costs in obtaining civil protection orders; the
provision on compensation to third party payers is eliminated; privacy of
records is expanded; compliance with a restitution order is made a condition
of probation or supervised release; petition to modify order is added; court
authority to refer, subject to de novo review, a matter to a magistrate or
special master is added.
Section 40114--House recedes to Senate section 3214, Federal victims'
counselors.
CHAPTER 2--LAW ENFORCEMENT AND PROSECUTION GRANTS TO REDUCE VIOLENT CRIMES
AGAINST WOMEN
House recedes to Senate section 3221, grants to combat violent crimes
against women, with the following modifications: the merger of three grant
programs in Senate bill: grants for high intensity crime areas, general
grants to States, and Domestic Violence and Family Support Grants (Sec.
3341); the addition of purposes to strengthen victim services programs in
diverse populations, and programs addressing the needs of Indian tribes; the
addition of a matching fund requirement (which tribal governments may satisfy
with Federal funds from the Bureau of Indian Affairs); and the designation of
the Attorney General as the responsible official. With regard to the matching
fund requirement, the Conferees intend that in disbursing grants for
nongovernmental victim services, States shall not pass through to the
subgrantees the amount of any required State match. With regard to this
program, the Conferees acknowledge the critical role probation agencies play
in monitoring and controlling the perpetrators of family violence; the
Conferees intend that probation agencies receive appropriate consideration
under this program.
Senate section 3262 recedes to House sections 1603-04, rape exam payments
and filing costs, with modifications to extend the requirements to units of
local government and Indian tribal governments except (in the case of rape
exams) where another governmental entity incurs the costs of the exams; and
to give States a period for bringing laws, policies, and practices into
compliance with filing cost requirements.
CHAPTER 3--SAFETY FOR WOMEN IN PUBLIC TRANSIT AND PUBLIC PARKS
Section 40131--House recedes to Senate section 3231, grants for capital
improvements to prevent crime in public transportation, with modification to
clarify that Trust Fund money is not available for this program, and other
modifications.
Section 40132--House recedes to Senate section 3232, National Park System
Crime Prevention Assistance, with modification to clarify that Trust Fund
money is not available for this program.
Section 40133--House recedes to Senate section 3233, Grants for Capital
Improvements to Prevent Crime in Public Parks, with modification to clarify
that Trust Fund money is not available for this program.
CHAPTER 4--NEW EVIDENTIARY RULES
Section 40141--House recedes to Senate sections 3251-3254 and 3706 with a
modification to substitute the revisions of Federal Rule of Evidence 412 as
transmitted to Congress by the Supreme Court on April 29, 1994 with an
additional modification to extend evidentiary protection to civil cases (as
proposed by the Judicial Conference of the United States to the Supreme Court
on October 25, 1993). The Conferees intend that the Advisory Committee Note
on Rule 412, as transmitted by the Judicial Conference of the United States
to the Supreme Court on October 25, 1993, applies to Rule 412 as enacted by
this section. This section, which modifies Rule 412 of the Federal Rules of
Evidence as transmitted to the Congress by the United States Supreme Court,
is enacted pursuant to the Rules Enabling Act.
CHAPTER 5--ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT
Section 40151--House recedes to Senate section 3261, Education and
Prevention Grants to Reduce Sexual Assaults Against Women, with modification
to allocate funds to States on the basis of population.
Section 40152--House recedes to Senate section 1607, National Institute
of Justice Training Program, to assist court personnel in treating sex
offenders.
Section 40153--House recedes to Senate proposal regarding confidentiality
of communications between sexual assault or domestic violence victims and
their counselors, with modifications.
Section 40154--House recedes to Senate section 1608 with regard to
information about sex offender treatment programs.
Section 40155--House recedes to Senate section 3263 with modification to
make runaway youth education and prevention grants gender-neutral and to
cover juveniles.
Section 40156--House recedes to Senate section 5126, Victims of Child
Abuse Act, with modifications.
Subtitle B--Safe Homes for Women
CHAPTER 1--NATIONAL DOMESTIC VIOLENCE HOTLINE
Section 40211--House section 1653 recedes to Senate section 3311, grant
for a national domestic violence hotline, with modifications as follows: (1)
a grant may extend for 5 years, subject to annual approval; (2) applicants
must include a plan for assisting non-English speaking callers and the
hearing-impaired; and (3) applicants must demonstrate support from advocacy
groups, such as State coalitions and recognized national domestic violence
groups. The Conferees note Congress has found with regard to this program
that (1) 4,000,000 women are battered by their partners each year, of which
4,000 die as a result of such abuse; (2) victims of domestic violence need
access to resources which will refer such victims and their children to safe
homes and shelters; and (3) there is a need for a national domestic violence
hotline to provide information and assistance to victims of domestic violence
because a privately funded national domestic violence hotline which
previously handled more than 65,000 crisis calls annually no longer exits.
CHAPTER 2--INTERSTATE ENFORCEMENT
Section 40221--Senate section 3321, Interstate Enforcement, recedes to
House section 1622 with modifications including: the addition of penalties
for causing the crossing of State lines to commit a crime of violence; the
revision of the new Federal crime for crossing a State line; the addition of
a penalty where the crime results in disfigurement or life-threatening bodily
injury; the modification of the mandatory restitution provisions to comport
with the mandatory restitution provisions for sex crimes and crimes involving
the sexual exploitation and abuse of children; and the modification of the
definition of "spouse or intimate partner."
CHAPTER 3--ARREST POLICIES IN DOMESTIC VIOLENCE CASES
Section 40231--Senate section 3331 recedes to House section 1623, grants
to encourage arrest polices, with modifications to include a two-year period
for grantees to comply, and a modification to the definition of "domestic
violence."
CHAPTER 4--SHELTER GRANTS
Section 40241--House recedes to Senate section 3341(j), authorizing money
for battered women's shelters. (The remainder of Senate section 3341 was
incorporated into Subtitle A, Chapter 2, of this title.)
CHAPTER 5--YOUTH EDUCATION
Section 40251--House recedes to Senate section 3361, youth education and
domestic violence, with modification to permit the Secretary of Health and
Human Services to consult with the Secretary of Education to select,
implement, and evaluate four model programs.
CHAPTER 6--COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE
Section 40261--House section 1654 recedes to Senate section 5140,
community programs on domestic violence, with modifications. Senate section
5122 is deleted as duplicative.
CHAPTER 7--FAMILY VIOLENCE PREVENTION AND SERVICES ACT AMENDMENTS
Section 40271--House recedes to Senate section 3351, grantee reporting.
Section 40272--House recedes to Senate sections 3381-83, technical
amendments.
CHAPTER 8--CONFIDENTIALITY FOR ABUSED PERSONS
Section 40281--House recedes to Senate section 3371, confidentiality for
abused persons, with modification to give Postal Service additional
regulatory guidance.
CHAPTER 9--DATA AND RESEARCH
Section 40291--House recedes to Senate section 3391, data and research
agenda, with modification to include diversity considerations for panel and
to require the issuance of a report no later than 12 months rather than 9
months after enactment.
Section 40292--House recedes to Senate section 3392, State data bases,
with modification to place responsibility for the study and report with the
appropriate Department of Justice entities.
Section 40293--House recedes to Senate section 3393, number and cost of
injuries.
CHAPTER 10--RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT
Section 40295--House section 2521 recedes to Senate section 1421, rural
domestic violence and child abuse enforcement assistance.
Subtitle C--Civil Rights for Women
Sections 40301-03--House recedes to Senate sections 3401-03, Civil
Rights. The Conferees note that the applicable standard of proof in a civil
rights cause of action under this section is preponderance of the evidence.
The Conferees also note that the Congress has found that crimes of violence
motivated by gender constitute bias crimes in violation of the victim's right
to be free from discrimination on the basis of gender; current law provides a
civil rights remedy for gender crimes committed in the workplace, but not for
crimes of violence motivated by gender committed on the street or in the
home; State and Federal criminal laws do not adequately protect against the
bias element of crimes of violence motivated by gender, which separates these
crimes from acts of random violence, nor do these adequately provide victims
of gender-motivated crimes the opportunity to vindicate their interests;
existing bias and discrimination in the criminal justice system often
deprives victims of crimes of violence motivated by gender of equal
protection of the laws and the redress to which they are entitled; crimes of
violence motivated by gender have a substantial adverse effect on interstate
commerce, by deterring potential victims from traveling interstate, from
engaging in employment in interstate business, and from transacting with
business, and in places involved, in interstate commerce; crimes of violence
motivated by gender have a substantial adverse effect on interstate commerce,
by diminishing national productivity, increasing medical and other costs, and
decreasing the supply of and the demand for interstate products; a Federal
civil rights action as specified in this section is necessary to guarantee
equal protection of the laws and to reduce the substantial adverse effects on
interstate commerce caused by crimes of violence motivated by gender; and the
victims of crimes of violence motivated by gender have a right to equal
protection of the laws, including a system of justice that is unaffected by
bias or discrimination and that, at every relevant stage, treats such crimes
as seriously as other violent crimes.
Section 40304--House recedes to Senate section 3404, Sense of the Senate
concerning protection of privacy of rape victims, with technical
modifications. The Conferees note that the Senate finds with regard to this
provision that: (1) there is a need for a strong and clear Federal response
to violence against women, particularly with respect to the crime of rape;
(2) Rape is an abominable and repugnant crime, and one that is severely
underreported to law enforcement authorities because of its stigmatizing
nature: (3) The victims of rape are often further victimized by a criminal
justice system that is insensitive to the trauma caused by the crime and are
increasingly victimized by news media that are insensitive to the victim's
emotional and psychological needs; (4) Rape victims' need for privacy should
be respected; (5) Rape victims need to be encouraged to come forward and
report the crime of rape without fear of being revictimized through
involuntary public disclosure of their identities; (6) Rape victims need a
reasonable expectation that their physical safety will be protected against
retaliation or harassment by an assailant; (7) The news media should, in the
exercise of their discretion, balance the public's interest in knowing facts
reported by free news media against important privacy interests of a rape
victim, and an absolutist view of the public interest leads to insensitivity
to a victim's privacy interest; and (8) The public's interest in knowing the
identity of a rape victim is small compared with the interests of maintaining
the privacy of rape victims and encouraging rape victims to report and assist
in the prosecution of the crime of rape.
Senate section 3501, safe campuses for women, is deleted because it has
already been enacted.
Subtitle D--Equal Justice for Women in the Courts Act
CHAPTER 1--EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN STATE
COURTS
Sections 40411-14--House sections 1661-64 recede to Senate sections 3601-
14, Equal Justice for Women in the Courts Act, with modifications to include
Indian tribal governments as grantees and to modify grant purposes.
CHAPTER 2--EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN FEDERAL
COURTS
Sections 40421-22--House sections 1665-67 recede to Senate sections 3621-
22 with modifications to designate the Administrative Office of the United
States Courts as the clearinghouse for the dissemination of reports and to
delete circuit court allocation limits.
Subtitle E--Violence Against Women Act Improvements
Section 40501--House recedes to Senate section 3701, pre-trial detention
in sex offense cases.
Section 40502--House recedes to Senate section 3702, increased penalties
for sex offenses against victims below the age of 16. Senate section 801,
sexual abuse amendments, is deleted as duplicative.
Section 40503--Senate sections 3703(a)-(b) recede to House section 1652,
payment of cost of victim testing for sexually transmitted disease, with
modification to ensure confidentiality and anonymity of the test, subject to
waiver by the victim. House recedes to Senate sections 3703(c)-(g) with
modification.
Section 40504--House recedes to Senate section 3704, extension and
strengthening of restitution.
Section 40505--House recedes to Senate section 3705, with modifications.
Section 40506--House recedes to Senate section 3707, National Baseline
Study on Campus Sexual Assault, with technical modification.
Section 40507--Senate section 3708, Report on Battered Women's Syndrome,
recedes to House section 121. Senate section 2964 is deleted as duplicative.
Section 40508--House recedes to Senate section 3709, Report on
Confidentiality of Addresses for Victims of Domestic Violence.
Section 40509--House recedes to Senate section 3710, Report on Record
Keeping Relating to Domestic Violence.
Senate section 3711, Report on Fair Treatment in Legal Proceedings,
recedes to House.
Senate section 3712 recedes to House.
Senate section 3713 recedes to House.
Subtitle F--National Stalker and Domestic Violence Reduction
Senate recedes to House sections 2801-12, Stalking, with modifications.
Subtitle G--Protections for Battered Immigrant Women and Children
Senate recedes to House sections 1626-28, Battered Immigrant Women, with
modifications.
TITLE V--DRUG COURTS
Senate sections 1201-02 recede to House sections 1041-44 with
modifications to prohibit violent offenders from participating, to add a GAO
study, and with technical and conforming changes.
The Conferees recognize that drug court programs may support costs of
judges, magistrates, quasi-judicial personnel, probation officers, drug
testing personnel, prosecutors, defense attorneys, other criminal justice
participants, drug treatment personnel, persons involved in programmatic and
after-care services, and other personnel necessary to implement drug court
programs.
The Conferees note the diversity of court structures under which
jurisdictions throughout the United States are organized and intend that the
Attorney General, in implementing this program, issue regulations that are as
flexible as possible in this regard.
TITLE VI--DEATH PENALTY
Procedures: The House recedes to the Senate with the following
exceptions: (1) Senate recedes to the House regarding the firearm aggravator;
(2) Senate recedes to the House to add the aggravator for sexual assault or
child molestation; (3) the Conferees modified the provision regarding
information presented at sentencing to reflect current law.
Offenses: The House recedes to the Senate death penalties, including
terrorism death penalties, with the following modifications: (1) the deletion
of Senate section 203(a)(8), attempted assassination of the President; (2)
the deletion of the part of Senate section 202(a) which adds section
3591(b)(3) to title 18 regarding unintentional deaths due to overdose; (3)
the addition of the Hyde amendment to section 203(a)(2), espionage; (4)
Senate section 504 recedes to House section 708 regarding correctional
officers; (5) Senate section 716, torture, recedes to House section 713 with
modifications to delete already enacted provisions; (6) the addition of an
intent standard for carjacking; (7) Senate recedes to the House intent
standard; (8) Senate section 2406, to federalize all murders committed with
guns, recedes to House; (9) Senate section 711, weapons of mass destruction,
recedes to House section 710; and (10) the modification of Senate section
215, alien smuggling, to increase penalties. House recedes to Senate sections
501-03 and 505.
House sections 901-02, racially discriminatory capital sentencing, recede
to Senate.
Senate section 1021, racial and ethnic bias study grants, recedes to
House.
Section 60026--Senate recedes to House proposal regarding appointment of
counsel.
TITLE VII--MANDATORY LIFE IMPRISONMENT FOR PERSONS CONVICTED OF CERTAIN
FELONIES
Senate sections 2408 and 5111 recede to House sections 501-02 with
modifications. The authority provided to the Bureau of Prisons under this
section is not to be construed as limiting any authority already possessed by
the Bureau of Prisons with respect to the release of inmates.
TITLE VIII--APPLICABILITY OF MANDATORY MINIMUM PENALTIES
Senate section 2404 recedes to House sections 201-03 with modifications.
TITLE IX--DRUG CONTROL
Subtitle A--Enhanced Penalties and General Provisions
In carrying out directions from the Congress, the U.S. Sentencing
Commission shall assure reasonable consistency with other guidelines, avoid
duplicative punishment for substantially the same offense, and take into
account any mitigating circumstances which might justify exceptions. The
Commission shall also carry out such directions in light of the factors set
forth in subsection 3535(a) of title 18, United States Code.
Section 90101--House recedes to Senate section 1501, drug trafficking in
prisons.
Section 90102--House recedes to Senate section 1505, drug-dealing in drug
free zones, with modifications.
Section 90103--House recedes to Senate section 1506, illegal drug use in
prisons, with technical modification.
Section 90104--House recedes to Senate section 1531, clarification of
narcotics and other dangerous drugs.
Section 90105--House recedes to Senate section 1532, conforming
amendments to recidivist penalty provisions of the Controlled Substance Act
and the Controlled Substances Import and Export Act.
Section 90106--House recedes to Senate section 1534, Advertising, with
modifications.
Section 90107--House recedes to Senate section 1538, Violent Crime and
Drug Emergency Areas, with modifications.
Subtitle B--National Narcotics Leadership Act Amendments
Sections 90201-08--House recedes to Senate section 5150, which
reauthorizes the Office of National Drug Control Policy through September 30,
1997, with modifications.
In addition to the Director's authority to recommend to Federal agencies
appropriate drug budget levels by July 1 of each year as those agencies are
first developing their budgets for the following fiscal year, authority is
granted to ensure that the agencies' budget submissions to the Office of
Management and Budget are consistent with the National Drug Control Strategy.
The provision also provides authority to detail temporarily drug control
personnel to other Departments or agencies to implement the National Drug
Control Strategy. It further provides authority, except to the extent that
the Director's authority is limited in an annual appropriations Act, to
transfer up to 2% among National Drug Control Program accounts, upon advance
approval of the Committees on Appropriations of each House of Congress. It is
the intent of the Conferees that such advance approval be obtained from each
of the Appropriations Subcommittees with jurisdiction over accounts increased
or decreased by such budget shifts.
Several additional goals are added to the National Drug Control Strategy,
including the "consequences" of drug abuse (such as emergency room overdoses
and drug-related crime), assessment of national drug treatment system, and
other evaluations of the strategy. Drug treatment and prevention are added to
the mission of the Counter-Drug Technology Assessment Center. And, the
provision prohibits the Director and other officials in the Office who are
confirmed by the Senate from participating in Federal election campaigns.
Senate section 1504, anabolic steroids penalties, recedes to House as
duplicative of stronger current law.
Senate section 1533, Program to provide public awareness of the
provisions of Public Law 101-516, recedes to House.
Senate section 1537, Drug paraphernalia amendment, recedes to House.
Senate sections 1511-23, Precursor Chemicals Act, deleted because already
enacted.
Senate section 1536 recedes to House.
Senate section 1535, national drug control strategy, recedes to House.
Senate section 1502 is deleted because already enacted.
Senate section 2407 recedes to House.
TITLE X--DRUNK DRIVING PROVISIONS
Section 100002--House recedes to Senate section 1602, applying State law
in areas of Federal jurisdiction.
Section 100003--House sections 1801-02, Driving While Intoxicated
Prosecution Program, recede to Senate section 5115.
TITLE XI--FIREARMS
Subtitle A--Assault Weapons
House recedes to Senate sections 4501-10, with modifications.
The Conferees recognize that some workers will be adversely impacted by
the enactment of this Subtitle. The Conferees note that the Department of
Labor has made available, as of July 1, more than $1.1 billion through Title
III of the Job Training Partnership Act to assist dislocated workers. The
types of assistance available to dislocated workers under that Act include
retraining, job search assistance, job counseling, on-the-job training, and
other services. The Conferees expect that any employees dislocated as a
result of enactment of this Subtitle will be eligible to apply for such
benefits in accordance with Department of Labor criteria.
Subtitle B--Youth Handgun Safety
Section 110201--House sections 1901-02 recede to Senate section sections
661-62 with the deletion of Senate section 662(a) and technical
modifications. Senate section 663 recedes to House.
The Conferees note Congress finds with regard to these sections that:
Crime, particularly crime involving drugs and guns, is a pervasive,
nationwide problem; problems with crime at the local level are exacerbated by
the interstate movement of drugs, guns, and criminal gangs; firearms and
ammunition, and handguns in particular, move easily in interstate commerce,
as documented in numerous hearings in both the Judiciary Committee of the
House of Representatives and Judiciary Committee of the Senate. Even before
the sale of a handgun, its component parts, ammunition, and the raw materials
from which they are made have considerably moved in interstate commerce.
While criminals freely move from State to State, ordinary citizens may fear
to travel to or through certain parts of the country due to the concern that
violent crime is not under control, and people from other countries may
decline to travel in the United States for the same reason. Just as hardened
drug kingpins often begin their lives in the illicit drug culture by exposure
to drugs at a young age, violent criminals often start their criminal careers
on streets where the ready availability of guns to young people results in
the acceptability of their random use. Violent crime and the use of illicit
drugs go hand-in-hand, and attempts to control one without controlling the
other may be fruitless. Individual States and localities find it impossible
to handle the problem by themselves; even States and localities that have
made a strong effort to prevent, detect, and punish crime find their efforts
unavailing due in part to the failure or inability of other States and
localities to take strong measures. Inasmuch as illicit drug activity and
related violent crime overflow State lines and national boundaries, the
Congress has power, under the interstate commerce clause and other provisions
of the Constitution, to enact measures to combat these problems. The Congress
finds that it is necessary and appropriate to assist the States in
controlling crime by stopping the commerce in handguns with juveniles
nationwide, and allowing the possession of handguns by juveniles only when
handguns are possessed and used for legitimate purposes under appropriate
conditions.
Subtitle C--Licensure
Sections 110301-07--House recedes to Senate sections 311-17, Firearms
Licensure.
Subtitle D--Domestic Violence
Section 110401--Senate sections 301, Persons Subject to Restraining
Orders, and 4201-03, Prohibition Against Disposal of Firearms to, or Receipt
of Firearms by, Persons Who Have Committed Domestic Violence, recede to House
sections 1624-25, with modifications.
The Conferees intend that the term "child" be read with common sense and
normal meaning, and to include a child over whom a person's parental rights
have been terminated by a court order. The Conferees also note that Congress
finds with respect to this provision that domestic violence is the leading
cause of injury to women in the United States between the ages of 15 and 44;
firearms are used by the abuser in 7 percent of domestic violence incidents
and produces an adverse effect on interstate commerce; and individuals with a
history of domestic abuse should not have easy access to firearms.
Subtitle E--Gun Crime Penalties
In carrying out directions from the Congress, the U.S. Sentencing
Commission shall assure reasonable consistency with other guidelines, avoid
duplicative punishment for substantially the same offense, and take into
account any mitigating circumstances which might justify exceptions. The
Commission shall also carry out such directions in light of the factors set
forth in subsection 3553(a) of title 18, United States Code.
Section 110501--House recedes to Senate section 401, enhanced penalty for
use of semiautomatic weapons during crime of violence or drug trafficking
crime.
Section 110502--House section 3031 recedes to Senate section 402, second
conviction for using or carrying explosives.
Section 110503--House recedes to Senate section 403, new offense for
smuggling firearms.
Section 110504--House section 3032 recedes to Senate section 404, new
offense for theft of guns and explosives moving in interstate commerce.
Section 110505--House recedes to Senate section 405, revocation of
supervised release, with modifications. Senate section 2403, supervised
release after imprisonment, recedes to House as incorporated in Senate
section 405.
Section 110506--House recedes to Senate section 406, revocation of
probation, with modifications.
Section 110507--House recedes to Senate section 407, knowingly making
false material statement on a gun application.
Section 110508--House section 3033 recedes to Senate section 408, felon
possessing explosives.
Section 110509--House recedes to Senate section 409, explosives
destruction.
Section 110510--House recedes to Senate section 410, technical correction
regarding parole.
Section 110511--House recedes to Senate section 411, prohibition against
transactions involving stolen firearms or stolen guns.
Section 110512--House recedes to Senate section 412, using firearm in
commission of forgery.
Section 110513--House recedes to Senate section 413, firearm possession
by violent felons and serious drug offenders.
Section 110514--House recedes to Senate section 414, receipt of firearms
by nonresident.
Section 110515--House section 3034 recedes to Senate section 417,
stealing guns or explosives from a licensee.
Section 110516--House section 3035 recedes to Senate section 418,
disposing of explosives to prohibited person.
Section 110517--House recedes to Senate section 420, interstate gun
trafficking.
Section 110518--House recedes to Senate section 415, firearms conspiracy,
with modification.
Section 110519--House recedes to Senate section 5168, Definition of Armor
Piercing Ammunition, with modification.
Senate section 416, study of incendiary ammunition, recedes to House.
Senate section 419 recedes to House.
TITLE XII--TERRORISM
In carrying out directions from the Congress, the United States
Sentencing Commission shall assure reasonable consistency with other
guidelines, avoid duplicative punishment for substantially the same offense,
and take into account any mitigating circumstances which might justify
exceptions. The Commission shall also carry out such directions in light of
the factors set forth in subsection 3553(a) of title 18, United States Code.
Section 120001--House recedes to Senate section 717, extension of statute
of limitations, with modifications.
Section 120002--House recedes to Senate section 715, jurisdiction over
crimes against U.S. nationals.
Section 120003--House recedes to Senate section 721, counterfeiting
currency abroad, with modification to increase penalty.
Section 120004--House recedes to Senate section 724, Terrorist Felonies.
Section 120005--House recedes to Senate section 726, material support to
terrorists, with modification.
Senate section 718, FBI access to telephone subscriber information, is
deleted because already enacted.
Senate section 720, preventing acts of terrorism, recedes to House.
Senate section 722, economic terrorism task force, recedes to House.
Senate section 713, extension of territorial sea, recedes to House.
Senate section 714, assimilated crimes in extended territorial sea,
recedes to House.
TITLE XIII--CRIMINAL ALIENS AND IMMIGRATION ENFORCEMENT
Section 130001--House recedes to Senate section 5005, enhancing penalties
for failure to depart, with modification to delete subsection (c) regarding
collateral review.
Section 130002--House recedes to Senate section 5007, criminal alien
tracking center, with modification to conform to current law.
Section 130003--House recedes to Senate section 725, Protection of
Recipients in Counter-Terrorism Rewards Program, with modifications to
incorporate this section into Senate section 5117, and other modifications.
Section 130004--House recedes to Senate section 5002, deportation
procedures for certain criminal aliens, with modifications.
Section 130005--Senate section 5158, expedited deportation for asylum
applicants, recedes to House section 2411 with modification to clarify that
asylum applicants have no right to work in the United States.
Section 130006--Senate section 5159, improving border controls, recedes
to House section 2412 with modifications regarding report requirement and to
incorporate House section 2421.
Section 130007--House section 2413, special deportation proceedings,
recedes to Senate section 5160 with modifications. Senate section 5161,
construction of INS processing centers, recedes to House section 2414, which
is incorporated into Senate section 5160, with modifications. The Conferees
intend that the Attorney General should consider the availability of legal
assistance in an area in determining where to locate the facilities.
Section 130008--Senate recedes to House section 2402, authority of the
Attorney General to accept assistance in deporting criminal aliens, with
modifications.
The Conferees note that many States and localities are burdened with the
financial costs of housing and processing deportable aliens who are
unlawfully within the United States and who are arrested for violating
criminal statutes. The Immigration and Naturalization Service is not
permitted under current law to accept State and local assistance in carrying
out its deportation responsibilities. This section is intended to aid
communities with criminal alien populations to expedite the removal of
deportable aliens who are arrested for the violation of criminal statutes by
providing transportation-related services or property to the Immigration and
Naturalization Service.
Section 130009--Senate section 712 recedes to House section 2431 with
modification increasing the penalty for employment document fraud to five
years. Senate section 5124 is deleted as duplicative.
This section is intended to target persons who commit document fraud for
the purpose of commercial advantage, or to facilitate drug trafficking or
international terrorism. The Conferees intend that the Attorney General
implement these provisions so as not to prosecute bona fide applicants for
asylum.
Section 130010--House recedes to Senate section 5131, asylum, which is
modified to a Sense of the Senate, with other modifications.
Senate section 5006, miscellaneous and technical changes regarding alien
deportation, recedes to House.
Senate section 5102, prohibition on payment of Federal benefits to
illegal aliens, recedes to House.
Senate section 5119, State and local cooperation with INS, recedes to
House.
Senate section 5110, removal of alien terrorists, recedes to House.
House section 2401, Congressional findings regarding criminal aliens,
recedes to Senate.
Senate section 5144, authority to release confidential information
regarding aliens, recedes to House.
Senate section 5001, aggravated felony, recedes to House.
Senate section 5003, judicial deportation, recedes to House.
Senate section 5004 recedes to House.
Senate section 5157, Extradition, recedes to House.
TITLE XIV--YOUTH VIOLENCE
Sections 140001-03--Senate section 651 recedes to House section 1101
regarding adult prosecution of juveniles with modification to delete section
1101(b).
Section 140004--House recedes to Senate section 641 with modification to
correct typographical error regarding the age for the bindover of juveniles.
Section 140005--House recedes to Senate section 618 with modifications.
Section 140006--House recedes to Senate section 615, increased penalties
for employing children to distribute drugs near schools and playgrounds, with
modification.
Section 140007--House recedes to Senate section 2906, increased penalties
for travel act violations. Senate section 617 deleted as duplicative.
Section 140008--House recedes to Senate section 5130, solicitation of
minor to commit crime.
TITLE XV--CRIMINAL STREET GANGS
Section 150001--House recedes to Senate section 611 with an amendment to
provide increased penalties for Federal gang crimes.
Section 150002--House recedes to Senate section 614 with modification to
delete simple drug possession as basis of adult prosecution of juveniles.
Section 150003--House recedes to Senate section 619 to authorize use of
Byrne funds for programs relating to gangs.
Section 150006--House recedes to Senate proposal regarding mentoring
program guidelines.
Section 150007--House recedes to Senate section 5167.
Section 150008--House recedes to Senate section 622, Gang Investigation
Coordination and Information Collection.
Section 150009--Senate section 624 recedes to House section 1098,
Multijurisdictional Gang Task Forces.
Senate section 612 recedes to House regarding use of minors as RICO
predicate.
Senate section 613 recedes to House.
Senate section 623 is deleted because already enacted.
TITLE XVI--CHILD PORNOGRAPHY
Sections 160001-02--House sections 1201-02 recede to Senate sections 824-
25, child pornography.
Section 160003--House section 3083 recedes to Senate section 2410,
Confirmation of intent of Congress in enacting sections 2252 and 2256 of
title 18, United States Code.
TITLE XVII--CRIMES AGAINST CHILDREN
Subtitle A--Jacob Wetterling Crimes Against Children and Sexually Violent
Offender Registration Act
Section 170101--Senate sections 821-23, Jacob Wetterling Crimes Against
Children Registration Act, recede to House section 1301 with modification to
include the program contained in Senate sections 841-44 and other
modifications.
Subtitle B--Assaults Against Children
Section 170201--Senate recedes to House section 301, assaults against
children, with technical and conforming modifications.
Subtitle C--Missing and Exploited Children
Sections 170301-03--House recedes to Senate sections 4301-04, Missing and
Exploited Children, with modifications. The Conferees note Congress finds
with regard to this program that the victimization of children in our nation
has reached epidemic proportions; recent Department of Justice figures show
that 4,600 children were abducted by non-family members; two-thirds of the
abductions of children by non-family members involve sexual assault; more
than 354,000 children were abducted by family members; and 451,000 children
ran away; while some local law enforcement officials have been successful in
the investigation and resolution of such crimes, most local agencies lack the
personnel and resources necessary to give this problem the full attention it
requires; a majority of the nation's 17,000 police departments have 10 or
fewer officers; and locating missing children requires a coordinated law
enforcement effort; supplementing local law enforcement agencies with a team
of assigned active Federal agents will allow Federal agents to pool their
resources and expertise in order to assist local agents in the investigation
of the nation's most difficult cases involving missing children.
Senate section 5129, Parent Locator Service, recedes to House.
Senate section 2701, International Parental Kidnapping, is deleted
because already enacted.
TITLE XVIII--RURAL CRIME
Sections 180101-201--House sections 2501-21 recede to Senate sections
1401-21 with modification regarding the structure of rural drug task forces,
the placement of section 1421 in the Violence Against Women title, and other
modifications.
Section 180301--Senate recedes to House section 2531, Sense of Congress
Regarding Funding for Rural Areas.
TITLE XIX--FEDERAL LAW ENFORCEMENT
Section 190001--House section 3016 recedes to Senate section 5132,
Federal judiciary, with modifications to incorporate section 621, additional
Federal prosecutors for the prosecution of violent youth gangs, and other
modifications.
TITLE XX--POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING AND EDUCATION
House sections 2701-39 recede to Senate sections 1121-50 with
modification to delete Senate sections 1124 (b) and (c) with regard to the
appointment of a Director.
TITLE XXI--STATE AND LOCAL LAW ENFORCEMENT
Subtitle A--Byrne Program
Section 210101--Senate recedes to House section 1098A, extension of Byrne
grant funding, with modification to authorize specified funds.
Subtitle B--Law Enforcement Family Support
Section 210201--House recedes to Senate section 1101, Law Enforcement
Family Support, with modification to designate the Attorney General as the
responsible official, and other minor modifications.
Subtitle C--DNA Identification
Sections 210301-06--House sections 1501-06 recede to Senate sections
1001-6, DNA Identification, with modification to ensure the establishment of
a blind proficiency testing program for DNA analysis.
DNA Advisory Board
The Act requires the Director of the Federal Bureau of Investigation to
appoint an advisory board on DNA quality assurance methods. The Conferees
intend that, in making appointments to the advisory board, the Director of
the FBI shall adhere strictly to all applicable conflict of interest and
ethics laws. In particular, the FBI Director will ensure that no member of
the board will have a commercial or proprietary interest in matters addressed
by the board. To that end, the Director may obtain disclosure statements from
nominees to the board. The Conferees expect that a review of any potential
conflict of interest or ethical considerations will be conducted with the
assistance of the Bureau's Legal Counsel Division, with the FBI Director
retaining final authority regarding appointments to the board.
Proficiency Testing Program
The Conferees, in adopting the DNA Identification Act, recognize the
significance of the development of a blind external proficiency testing
program for DNA analyses. A 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.
Under this Act, the Director of the National Institute of Justice is
directed to study this issue and certify to Congress within one year that (1)
the NIJ has undertaken steps to ensure that an appropriate entity or entities
will establish a blind external proficiency testing program for DNA analyses,
which shall be available to public and private laboratories performing
forensic DNA analyses; (2) that a blind proficiency testing program for DNA
analyses is already available; or (3) that it is not feasible to have a DNA
blind proficiency testing program.
The Conferees fully expect that NIJ will report either that there are one
or more existing DNA blind proficiency testing programs or that it has
undertaken steps to ensure the establishment of one. There are many private
DNA testing laboratories and commercial manufacturers of DNA testing products
that have the technical expertise, individually or through professional and
trade associations, necessary to establish the aforementioned program.
If the NIJ study determines blind external proficiency testing is
feasible, neither State nor local DNA laboratories covered by the Act (i.e.,
those participating in the national DNA index or receiving grants), will be
required by the Act to subscribe to such a blind testing program. The FBI
Laboratory will not be required by the Act to subscribe to a particular blind
testing program identified by NIJ. Participation by State and local
governments should be voluntary and at their own discretion--although
participation in such a program will be an important element of demonstrating
quality control for purposes of having DNA evidence introduced into evidence.
Subtitle D--Police Pattern or Practice
Sections 210401-02--House recedes to Senate sections 1111-12, Police
Pattern or Practice, with modification to section 1112.
Subtitle E--Improved Training and Technical Automation
Section 210501--House recedes to Senate section 1031, improved training
and technical automation, with technical and conforming modifications. The
Conferees believe one appropriate use of this program would be to ensure that
States, Indian tribal governments, and local governments are made aware of
advanced law enforcement technologies.
Subtitle F--Other State and Local Aid
Section 210601--Senate recedes to House proposal to reauthorize the
Office of Justice Programs.
Section 210602--House recedes to Senate section 5137, assistance to ease
the increased burdens on State court systems, with modifications.
Section 210603--Senate recedes to House proposal to make money from the
Violent Crime Reduction Trust Fund available to fund activities authorized by
the Brady Handgun Violence Prevention Act and the National Child Protection
Act of 1993.
Section 103(k) of the "Brady Bill" authorizes "such sums as are
necessary" for the Attorney General to establish a "national instant criminal
background check system." Section 106(b) of "Brady" authorizes $200 million
for grants to States for the improvement of criminal records. Section 4(b) of
the National Child Protection Act of 1993 authorizes $20 million for grants
to States for the improvement of criminal records regarding child abuse. The
Conference Report provides that a total of $150 million may be appropriated
from the Trust Fund for these purposes.
TITLE XXII--MOTOR VEHICLE THEFT PREVENTION
House recedes to Senate sections 1901-03, motor vehicle theft prevention.
TITLE XXIII--VICTIMS OF CRIME
Senate sections 901-02, 912-17, crime victims, recede to House sections
101-21, with the following modifications: allocations of funds are changed to
48.5%, 48.5%, and 3%; the report on battered women's syndrome is moved to
title IV, Violence Against Women. House section 101, with a conforming
amendment, is enacted pursuant to the Rules Enabling Act. House recedes to
Senate section 903, Sense of the Senate regarding Rights to Victims
Allocation, with conforming modification. Senate section 3264 is deleted as
duplicative. Senate section 911 is deleted because already enacted. House
recedes to Senate proposal to amend 10603(a)(5)(B) of title 42, United States
Code.
TITLE XXIV--PROTECTION FOR THE ELDERLY
Section 240001--House recedes to Senate section 2001, Missing Alzheimer's
Disease Patient Alert Program.
Section 240002--House recedes to Senate section 2002, crimes against the
elderly.
TITLE XXV--SENIOR CITIZENS AGAINST MARKETING SCAMS
Sections 250001-05, 250008--House recedes to Senate sections 3901-03,
3905-07 and 3910, Senior Citizens Against Marketing Scams (SCAMS), with
modifications. Senate section 3904 recedes to House.
Section 250006--House recedes to Senate section 2103, mail fraud. Senate
section 3908 is deleted as duplicative.
Section 250007--House recedes to Senate section 2102, Consumer Protection
Against Credit Card Fraud Act. Senate section 3909 is deleted as duplicative.
The Conferees note that Congress has found with regard to this issue the
following: Unprecedented Federal law enforcement investigations have
uncovered a national network of illicit telemarketing operations; most of the
telemarketing industry is legitimate, employing over 3,000,000 people through
direct and indirect means; illicit telemarketers, however, are an increasing
problem which victimizes our nation's senior citizens in disproportionate
numbers; interstate telemarketing fraud has become a problem of such
magnitude that the resources of the Department of Justice are not sufficient
to ensure that there is adequate investigation of, and protection from, such
fraud; telemarketing differs from other sales activities in that it can be
carried out by sellers across State lines without direct contact;
telemarketers can also be very mobile, easily moving from State to State; it
is estimated that victims lose billions of dollars a year as a result of
telemarketing fraud; consequently, this legislation is intended to enhance
Federal law enforcement resources, ensure adequate punishment for
telemarketing fraud, and educate the public.
TITLE XXVI--COMMISSION MEMBERSHIP AND APPOINTMENT
Senate sections 1721-30 recede to House sections 3026-27, Commission to
Support Law Enforcement, with modifications.
TITLE XXVII--PRESIDENTIAL SUMMIT ON VIOLENCE AND NATIONAL COMMISSION ON CRIME
PREVENTION AND CONTROL
House sections 1643-51 and 2601-07 recede to Senate sections 1701-18,
1741-49 and 3241-49 with a modification to establish a National Commission on
Crime Prevention and Control charged with developing a comprehensive proposal
for preventing and controlling crime and violence in America. This Commission
must establish committees or task forces for the following specific purposes:
one to focus on crime and violence generally, one to focus on the causes of
the demand for drugs, one to focus on violence in schools, and one to focus
on violence against women. House recedes to Senate sections 1731-32,
Presidential Summit on Violence, with modification.
TITLE XXVIII--SENTENCING PROVISIONS
Section 280001--House recedes to Senate section 2401, imposition of a
sentence.
Section 280002--House recedes to Senate section 2402, technical amendment
to mandatory conditions of probation.
Section 280003--House section 1701 recedes to Senate section 2409, Hate
Crime Sentencing.
Section 280004--House recedes to Senate section 2501, authorization of
probation for petty offenses in certain cases.
Section 280005--House recedes to Senate section 5152 with modifications
to create three full-time vice chairs of the U.S. Sentencing Commission, and
to specify that of the three vice chairs, no more than two shall be of the
same political party.
Section 280006--Senate recedes to House section 3092, Cocaine Penalty
Study.
Senate section 2405, mandatory minimums for use or possession of firearm
during a State crime, recedes to House.
Senate section 2502, trial by a magistrate in petty cases, recedes to
House.
TITLE XXIX--COMPUTER CRIME
House recedes to Senate section 2601, computer crime, with minor
modifications.
TITLE XXX--PROTECTION OF PRIVACY INFORMATION IN STATE MOTOR VEHICLE RECORDS
Senate sections 3101-03, Driver's Privacy Protection Act, recede to House
sections 2901-03 with modifications.
This title prohibits the release and use of certain personal information
except under certain circumstances. One of these exceptions, found in
subsection (b)(3), permits disclosures where a person or entity is seeking
correct information about an individual who presented false information or
information that is no longer correct, "but only for the purpose of
preventing fraud by, pursuing legal remedies against, or recovering on a debt
or security interest against, the individual."
Some State motor vehicle departments may require requestors seeking to
use this exception to certify or state the purpose for which the information
is being sought. While in most cases this practice by the State will not give
rise to further concern, it could pose a problem for debt collectors covered
under the Fair Debt Collection Practices Act (FDCPA). Section 804 of the
FDCPA provides: "Any debt collector communicating with any person other than
the consumer for the purpose of acquiring location information about the
consumer shall . . . (2) not state that such consumer owes any debt."
The interaction of section 804(2) of the FDCPA and subsection (b)(3) of
the Driver's Privacy Protection Act could be interpreted as barring a covered
debt collector from indicating to a State DMV that it was seeking information
for a permitted purpose, thereby barring the debt collector from receiving
information crucial to collecting a debt.
This was clearly not the intention of the drafters of the legislation and
it is not the intention of the Conferees. To the contrary, the drafters of
the legislation and the Conferees intend for debt collectors to be able to
obtain motor vehicle record information without violating section 804(2) of
the FDCPA. In this case, the purpose of disclosing the existence of a debt is
solely to establish the basis for receiving DMV data, not to harass the
debtor. Therefore, the Conferees believe that a statement that the
information is being sought for the purposes of recovering on a debt would
not violate section 804(2). In addition, the Conferees believe it would be
adequate for debt collectors under (b)(3) to state that they are "pursuing
legal remedies against . . . the individual," as provided in (b)(3), without
stating that the legal remedies related to a debt. The Conferees believe that
such a statement would not violate section 804 of the FDCPA, which is
intended to prevent debt collectors from harassing a consumer by telling
third parties that the consumer owes a debt. The Conferees believe that a
collector is in no way harassing a consumer by telling a State DMV that
information is sought in connection with "pursuing legal remedies."
The opportunity to prohibit disclosure of personal information under
(b)(11) and (b)(12) does not have to be provided each time a request for such
information is made. Instead, the opportunity to prohibit these disclosures
should be provided at the time an individual registers for or renews his or
her driver's license, title registration or identity card and at any other
time an individual contacts the State on his or her own initiative to
prohibit such disclosures.
Under subsection (b)(13), any requestor may obtain access to an
individual's personal information if the requestor has obtained written
consent from the individual whose personal information is sought. The
Conferees intend that each State must provide that the requestor's
demonstration include a written consent that has been notarized.
TITLE XXXI--VIOLENT CRIME REDUCTION TRUST FUND
Sections 310001-02--House recedes to Senate sections 1352-54 with
modifications as follows: (1) the trust fund covers fiscal years 1995-2000
and totals $30.210 billion; (2) annual outlays from trust fund appropriations
are subject to limits enforceable through sequestration procedures similar to
those applied under the Balanced Budget and Emergency Deficit Control Act of
1985 to appropriations in the regular budget process; and (3) the limitations
on the number of total Federal Government personnel is deleted because it has
already been enacted into law (Federal Workforce Restructuring Act of 1994,
P.L. 103-226).
Section 310003--Senate recedes to House proposal to provide for the
extension of authorizations of appropriations.
This section is an "authorization extender" provision intended to assure
the complete and efficient use of all authorizations contained in the Report
and all monies transferred into the Violent Crime Reduction Trust Fund. Under
this provision, if the amount appropriated from the Trust Fund for a given
program in a particular fiscal year is less than the amount authorized for
that program in that year, the unused portion of the authorization remains
available for use for that program in later fiscal years.
For example, if $100 million is authorized for program "A" for fiscal
year 1996 but only $75 million is actually appropriated, the remaining $25
million will be available for appropriations from the Trust Fund in fiscal
years 1997 and beyond for that program. The $25 million in authorizations
"extended" beyond fiscal year 1996 need not all be used in fiscal year 1997;
it remains available until funds are appropriated for such authorizations.
Section 310004--Senate recedes to House proposal to provide for
flexibility in making appropriations.
This Section provides "transfer authority" to give the Appropriations
Committees some flexibility in allocating appropriations from the Trust Fund
among the programs included within each of three specified functional
categories. Under these provisions, the $30.2 billion in authorizations
contained in the Report is divided into the following categories: (1) State
and Local Law Enforcement, (2) Federal Law Enforcement and (3) Prevention.
Within each of these categories, the Appropriations Committees will, in any
fiscal year, be permitted to transfer up to 10 percent of the authorization
for a particular program to any other program within the same category.
For example, within the "Federal law enforcement" category, the
Appropriations Committees could decrease the fiscal year 1996 authorization
for program "A" by up to 10 percent and transfer that money to program "B" by
increasing the authorization for "B" by the dollar amount subtracted from
"A".
The transfer authority provided in the Conference Report is subject to
three additional limitations (1) the aggregate amount of authorizations
transferred away from a program over the life of the Trust Fund may not
exceed 10 percent of the program's total authorization; (2) transfer
authority may not be used to increase total authorizations for any of the
three categories for any fiscal year above the level authorized for that
category by the Report; and (3) no transfers between categories are
permitted, e.g., authorizations for "Prevention" programs may not be
transferred to "Federal Law Enforcement" programs.
The following is a list of the programs included in each of the three
broad functional categories:
FEDERAL LAW ENFORCEMENT
(1) Authorization of Additional Appropriations for the Federal Judiciary,
Section 190001(a)
(2) Authorization of Additional Appropriations for the Department of
Justice, Section 190001 (b)
(3) Authorization of Additional Appropriations for the Federal Bureau of
Investigation, Section 190001 (c)
(4) Authorization of Additional Appropriations for United States
Attorneys, Section 190001 (d)
(5) Authorization of Additional Appropriations for the Department of the
Treasury, Section 190001 (e)
(6) National Center for Criminal Justice Research and Education, Section
320925
(7) Gang Investigation Coordination and Information Collection, Section
150008
(8) Motor Vehicle Theft Prevention, Section 220002
(9) Criminal Alien Tracking Center, Section 130002
(10) Expeditious Deportation for Denied Asylum Applicants, Section 130005
(11) Improving Border Controls, Section 130006
(12) Expanded Special Deportation Proceedings, Section 130007
(13) FBI and U.S. Attorney activities regarding Senior Citizens Against
Marketing Scams, Section 250005
(14) FBI Activities Regarding DNA, Sections 210303-210306
(15) Agents for the Drug Enforcement Administration, Section 180104
(16) Presidential Summit on Violence and National Commission on Crime
Prevention and Control, Section 270009
STATE AND LOCAL LAW ENFORCEMENT
(1) Public Safety and Policing, Sections 10001-10003
(2) Law Enforcement Family Support, Section 210201
(3) Availability of Violent Crime Reduction Trust Fund to fund activities
authorized by the Brady Handgun Violence Protection Act and the National
Child Protection Act of 1993, Section 210603
(4) Rural Law Enforcement Agencies, Section 180101
(5) Rural Drug Enforcement Training, Section 180103
(6) Community-based Justice Grants for Prosecutors, Sections 31701-31708
(7) Federal assistance to State court systems, Section 210602
(8) Police Recruitment, Sections 30801-30802
(9) DNA Grants to States, Section 210302
(10) Improved training and technical automation, Section 210501
(11) Extension of Byrne Grant Program, Section 210101
(12) Criminal Justice and Substance Abuse Treatment Training, Section
320930
(13) Violent Offender Incarceration and Truth-in-Sentencing Incentive
Grants, Sections 20101-20109
(14) Incarceration of Undocumented Criminal Aliens, Section 20301
(15) Prevention, Diagnosis, and Treatment of Tuberculosis in Correctional
Institutions, Section 32201
(16) Certainty of Punishment for Young Offenders, Section 20201
PREVENTION
(1) Drug Courts, Section 50001
(2) Ounce of Prevention, Sections 30101-30104
(3) Youth Employment and Skills Crime Prevention, Section 30201
(4) Model Intensive Grants, Sections 30301-30307
(5) Family and Community Endeavor Schools Grant Program and Community
Schools Youth Services and Supervision Grant Program, Sections 30401-30403
(6) Police Partnerships for Children and Grants for Police Residence in
High Crime Areas, Sections 30501-30505
(7) Midnight Sports, Section 30601
(8) Assistance for Delinquent and At-Risk Youth, Sections 30701-30702
(9) National Triad Program, Sections 30901-30906
(10) Local Partnership Act, Sections 31001-31002
(11) National Community Economic Partnership, Sections 31101-31133
(12) Gang Prevention Services for Boys and Girls, Sections 31201-31207
(13) Olympic Youth Development Centers, Section 31301
(14) Anti-Crime Youth Councils, Sections 31401-31405
(15) Urban Recreation and At-Risk Youth, Sections 31501-31505
(16) Boys and Girls Clubs in Public Housing, Sections 31601-31603
(17) Child Safety, Sections 31801-31808
(18) Family Unity Demonstration Project, Sections 31901-31922
(19) Substance Abuse Treatment in Federal Prisons, Section 32001
(20) Substance Abuse Treatment for State Prisoners, Section 32101
(21) Hope in Youth Program, Sections 32301-32307
(22) Gang Resistance Education and Training, Section 32401
(23) Federal Victim's Counselors, Section 40114
(24) Grants to Combat Violent Crimes Against Women, Section 40121
(25) Education and Prevention Grants to Reduce Sexual Assaults Against
Women, Section 40151
(26) Training Programs, Section 40152
(27) Education and Prevention Grants to Reduce Sexual Abuse of Runaway,
Homeless, and Street Youth, Section 40155
(28) Victims of Child Abuse Programs, Section 40156
(29) National Domestic Violence Hotline, Section 40211
(30) Encouraging Arrest Policies in Domestic Violence Cases, Section
40231
(31) Battered Women Shelters, Section 40241
(32) Youth Education and Domestic Violence, Section 40251
(33) Community Programs on Domestic Violence, Section 40261
(34) Study on State Databases, Section 40292
(35) Study on Number and Cost of Domestic Violence Injuries, Section
40293
(36) Rural Domestic Violence and Child Abuse Enforcement Assistance,
Section 40295
(37) Education and Training for Judges and Court Personnel in State
Courts, Sections 40411-40414
(38) Education and Training for Judges and Court Personnel in Federal
Courts, Sections 40421-40422
(39) National Baseline Study on Campus Sexual Assault, Section 40506
(40) National Stalker and Domestic Violence Reduction, Sections 40601-
40611
(41) Juvenile Drug Trafficking and Gang Prevention Grants, Section 150004
(42) Grants for Youth Development Centers, Section 150005
(43) Missing Alzheimer's Disease Patient Alert Program, Section 240001
(44) Safe Senior Corridors Grants, Section 240003
TITLE XXXII--MISCELLANEOUS
Subtitle A--Increases in Penalties
Section 320101--House recedes to Senate section 2901, increased penalties
for assault.
Section 320102--House recedes to Senate section 2902, increased penalties
for manslaughter.
Section 320103--House recedes to Senate section 2903, increased penalties
for civil rights violations.
Section 320104--Senate section 2904(a) recedes to House section 3051,
Penalties for Trafficking in Counterfeit Goods and Services; House recedes to
Senate section 2904(b), laundering monetary instruments.
Section 320105--House recedes to Senate section 2905, penalty for
committing murder for hire.
Section 320106--House recedes to Senate section 2907, increased penalties
for arson, with modifications to delete mandatory minimum and increase the
maximum penalty range.
Section 320107--House recedes to Senate section 616, increased penalties
for drug trafficking near public housing. Senate section 1503 is deleted as
duplicative.
Section 320108--House recedes to Senate section 5105, penalties for
nonindigenous species, with modifications.
Section 320109--Senate recedes to House section 3056, military medals and
decorations.
Senate section 2967, balance in the criminal justice system, recedes to
House.
Subtitle B--Extension of Protection of Civil Rights Statutes
Section 320201--House recedes to Senate section 2911, extension of civil
rights statutes.
Subtitle C--Audit and Report
Sections 320301-02--House recedes to Senate sections 2921-22, audit and
report.
Subtitle D--Coordination
Section 320401--House recedes to Senate section 5166, coordination of
treatment and prevention programs.
Subtitle E--Gambling
Section 320501--House recedes to Senate section 2932, clarifying
amendment regarding scope of prohibition against gambling on ships in
international waters, with technical modifications.
Senate section 2931, enforcement of laws relating to gaming, recedes to
House.
Subtitle F--White Collar Crime Amendments
Section 320601--House recedes to Senate section 2941, receiving proceeds
of extortion or kidnapping.
Section 320602--House recedes to Senate section 2942, receiving the
proceeds of a postal robbery.
Sections 320603-04--Senate section 2101 recedes to House sections 401-02,
Insurance Fraud.
Sections 320605-06--House recedes to Senate sections 2201-03, Financial
Institution Fraud.
Section 320607--House recedes to Senate section 2944, addition of
predicate offenses.
Section 320608--House recedes to Senate section 2945, definition of
savings & loan.
Section 320609--House recedes to Senate section 2946, definition of 1-
year sentence.
Senate section 2943 recedes to House.
Senate sections 3801-21, enhanced penalties for health care fraud
enforcement efforts, recede to House.
Senate section 2301, savings and loan task force, recedes to House.
Senate sections 4401-04, public corruption, recede to House.
Senate section 2204 recedes to House.
Senate section 5146, Bankruptcy, recedes to House.
Subtitle G--Safer Streets and Neighborhoods
Sections 320701-02--House recedes to Senate sections 2951-52, Safer
Streets and Neighborhoods, with technical modifications.
Subtitle H--Recreational Hunting Safety
House recedes to Senate sections 4601-08, Recreational Hunting Safety,
with modifications.
The conference report contains a modified version of Title XLVI of the
Senate amendment, the Recreational Hunting Safety and Preservation Act of
1994. The purpose of this subtitle is to protect the safety and rights of
persons to lawfully engage in hunting and fishing activities on Federal land.
In fashioning the provisions of this subtitle, the Conferees took care to
not infringe on the first amendment right of free speech. The civil penalty
provisions of this subtitle only apply to intentional physical conduct that
significantly hinders a lawful hunt. Conduct is defined to exclude any
activity protected by the first amendment. None of the provisions of this
subtitle are intended to affect or limit in any way first amendment rights.
Nor does the subtitle affect Federal land managers' existing authority to
subject speech to reasonable regulation as to time, place and manner to the
extent it is Constitutionally permissible.
In the interest of clarity, the Conferees have adopted a concise standard
of violation, defined as intentional physical conduct that significantly
hinders a lawful hunt. The Conferees intend that the physical conduct and the
hinderance by considered as unitary; that is, both must be intentional. In
other words, the conduct must be intentional, and must be done with the
intention of significantly hindering a lawful hunt. A violation only occurs
if the hinderance is significant; that is, it must have a negative influence
or effect. The Conferees intend this to mean that incidental conduct which
has de minimis effect on a hunt would not violate this subtitle.
With the principles described above in mind, examples of violations of
this subtitle would include, but not be limited to, driving or disturbing
wildlife; blocking or impeding hunters; using visual, aural, olfactory, or
physical stimuli to affect wildlife behavior; erecting barriers to deny
ingress or egress to areas where a lawful hunt takes place; placing a person
or object in the line of fire; taking, disturbing or damaging property, such
as a hunting blind; abusing a hunting dog; or other conduct intended to slow
or make difficult the progress of a lawful hunt.
Subtitle I--Other Provisions
Section 320901--House recedes to Senate section 2965, wiretaps, with
technical modification.
Section 320902--House recedes to Senate section 2966, theft of major
artwork, with modifications.
Section 320903--House recedes to Senate section 2969, addition of
attempted robbery, kidnapping, smuggling and property damage offenses.
Section 320904--House recedes to Senate section 2972, to include findings
with respect to the gun-free school zone provisions of the Crime Control Act
of 1990.
Section 320905--House recedes to Senate section 5109, interstate
wagering.
Section 320906--Senate recedes to House section 3005 with technical
modifications. The Conferees note that Congress finds with regard to this
section that there are 8,000,000 workers in the trucking industry in the
United States, some working for large carriers and some for small carriers,
some for private carriers and some owner operators, all assisting the free
flow of commerce by transporting all types of commodities that enter, leave,
or move within this country. Unemployment, crime, and drug use have
contributed to an increase of violence against commercial truckers, an
increase that has gone unrecognized by the public at large. As few state or
local authorities report violent crimes against truckers as such to the
Federal Bureau of Investigation, statistics do not reflect this fast-growing
and increasingly violent segment of crime. The Federal Bureau of
Investigation investigated 282 truck hijackings involving crimes of violence
in 1993, not including attempted crimes and crimes addressed by State,
county, and local authorities. The Federal Government in large measure
finances the highway system the trucking industry uses, collecting large sums
in taxes from the industry and licenses, and regulates the industry and its
drivers, entailing a concomitant responsibility to protect them against
crime. Federal law provides protections to truckers in, among others,
sections 33 and 1951 of title 18, United States Code, but currently Federal
prosecutions are not undertaken unless certain monetary thresholds of loss
are met.
Section 320907--House recedes to Senate section 5148 with technical
modifications. The Conferees note the Senate finds with regard to this
section that: (1) the National Center for Health Statistics has reported that
the out-of-wedlock birth rate reached 29.5 percent in 1991 (66.3 percent in
Washington DC., 71.0 percent in Detroit); (2) the out-of-wedlock birth rate
has increased without interruption since 1970, and, as pointed out recently
by George Will, "the rate of increase is not slowing even at extraordinary
levels"; (3) Dr. Lee Rainwater of Harvard University predicts that the rate
will reach 40 percent within 7 years; (4) Professor James Q. Wilson has
described the erosion of the family structure in the United States and
Western nations as "a major cultural convulsion" that is inextricably
associated with the rise of violent urban crime; (5) President Clinton has
stated on the national television program "Meet the Press" that there is
"absolutely" a correlation between crime and drugs and the breakdown of the
family.
Section 320908--House recedes to Senate section 5106 with technical
modifications. The Conferees note the Senate finds with regard to this
section that (1) international criminal activity has increased dramatically
over the past decade and has been facilitated by modern developments in
transportation and communications, relaxed travel restrictions, and the
greatly increased volume of international trade; (2) The expansion of
international criminal activity is reflected in the growth of requests for
mutual legal assistance and extradition made between the United States and
other countries, the number of such requests having increased from 535 in
1984 to 2,238 in 1992; (3) The global reach of organized crime constitutes a
serious threat to the security and stability of sovereign nations; (4) the
expanding scope of international organized crime necessitates greater
cooperation among nations to prosecute and eliminate organized criminal
groups; (5) there is an urgent need for new approaches to allow the
international law enforcement community to pursue international criminals
across national boundaries; (6) The United Nations Convention Against Illicit
Traffic in Narcotic Drugs and Psychotropic Substances has helped bring about
improved international cooperation with respect to narcotics; (7) The current
role of the United Nations with respect to international organized crime is
limited by the lack of a binding international convention dealing with the
broad range of organized criminal activity beyond narcotics; (8) The United
Nations Commission on Crime Prevention and Criminal Justice has successfully
facilitated the negotiation and implementation of mutual legal assistance and
extradition treaties between certain nations, and has helped train nations to
effectively execute the terms of such treaties; (9) The United Nations
Commission on Crime Prevention and Criminal Justice currently has limited
authority and resources.
Section 320909--House recedes to Senate section 2961, optional venue for
espionage.
Section 320910--House recedes to Senate section 2962, undercover
operations.
Section 320911--House recedes to Senate section 2968, misuse of DEA
initials.
Section 320912--House recedes to Senate section 2970, definition of
livestock, with modification.
Section 320913--House recedes to Senate section 5155, asset forfeiture.
Section 320914--House recedes to Senate section 5156, clarification of
court.
Section 320915--House recedes to Senate section 5164. The Conferees note
that the Senate has found regarding this provision that we are losing control
of our streets and our neighborhoods to gangs, drugs and violent crime;
Americans tolerate a level of violence 5 times that of Canada and 10 times
that of England; this bill establishes a Violent Crime Reduction Trust Fund.
The conference report authorizes the revenues to fund the Trust Fund be
derived from savings resulting from a reduction in Federal personnel; and the
Federal law enforcement agencies charged with carrying out the provisions of
this Act will require substantial manpower to implement the Act.
Section 320916--Senate recedes to House section 3041, traveler
protection.
Section 320917--House recedes to Senate section 2971, extension of
statute of limitations for arson, with modifications.
Section 320918--House recedes to Senate section 1603, Sense of Congress
concerning child custody and visitation rights.
Section 320919--Senate recedes to House section 3048, Edward Byrne
Memorial Formula Grant Program.
Section 320920--House recedes to Senate section 5127, Law Day USA with
modification. The Conferees note that the Senate has found with regard to
this program that the first day of May each year has been designated as "Law
Day U.S.A." and set aside as a special day to advance equality and justice
under law, to encourage citizens' support for law enforcement and law
observance, and to foster respect for law and an understanding of the
essential place of law in the life of every citizen of the United States;
each day police officers and other law enforcement personnel perform their
duties unflinchingly and without hesitation; each year tens of thousands of
law enforcement personnel are injured or assaulted in the course of duty and
many are killed; law enforcement personnel are devoted to their jobs, are
underpaid for their efforts and are tireless in their work; and law
enforcement personnel perform their duties without adequate recognition.
Section 320921--House recedes to Senate section 5154 with modifications.
This section ensures that a defendant convicted for the first time will
attend an appropriate rehabilitation program. The Conferees intend that the
courts ensure that defendants who may suffer from organic brain damage or
severe mental illness are referred to the most appropriate rehabilitative
care addressing their specific needs. Further, any rehabilitation program may
refer the defendant back to the court if it determines that its program is
inappropriate for the defendant.
Section 320922--Senate recedes to House section 3001, Display of Flags at
Half Staff.
Section 320923--Senate recedes to House section 3011, Financial
Institution Fraud.
Section 320924--House recedes to Senate section 5114, definition of
parent.
Section 320926--House recedes to Senate section 5123, Hate Crime
Statistics Act.
Section 320927--Senate recedes to House proposal exempting return of
handgun to owner from Brady background check requirement.
Section 320928--House recedes to Senate sections 811-16, Protection of
Children, the Elderly, and Individuals with Disabilities, with modifications
to delete already enacted provisions and with other modifications.
Section 320929--Senate recedes to House proposal regarding Tennessee
Valley Authority Law Enforcement.
Section 320932--House recedes to Senate section 5162, Assistant United
States Attorney Residency, with modification to 25 miles.
Section 320933--Senate recedes to House section 3086 with modifications.
Section 320934--Senate recedes to House proposal regarding non-
dischargeability.
Section 320935--House recedes to Senate section 831 with modifications.
Senate section 5128, treatment of Indian tribes, recedes to House because
Indian tribal governments are incorporated throughout the bill.
Senate section 5133, Control and Prevention of Crime in Indian Country,
recedes to House because Indian Tribes are incorporated throughout the bill.
Senate section 5151, Supreme Court marshals and police, deleted because
already enacted.
Senate section 5116, parental accountability, recedes to House.
Senate section 5108, Report on Success of Royal Hong Kong Police
Recruiting, recedes to House.
Senate section 5147 recedes to House. The Conferees note that the
substance of this provision is included in the provisions for alternative
punishment for young offenders.
Senate section 5145, Children and Youth Utilizing Federal Land, recedes
to House.
Senate section 5104 recedes to House.
Senate section 5134, extension of RTC statute of limitations, recedes to
House.
House sections 3061-62, Age Discrimination in Employment, recede to
Senate.
House section 1098B, Benefit for Chaplains, recedes to Senate because
Senate budget point of order lies against this section.
Senate sections 2801-03, Safe Schools, are deleted because already
enacted.
Senate sections 1011-12, community substance abuse prevention, recede to
House.
House section 1605 recedes to Senate.
TITLE XXXIII--TECHNICAL CORRECTIONS
Sections 330001-025--Senate sections 3001-13 recede to the technical
corrections found in H.R. 3131 with conforming changes and additional
technical corrections.
Jack Brooks,
Don Edwards,
Bill Hughes,
Charles Schumer,
John Conyers,
Pat Schroeder,
Barney Frank,
Michael N. Castle,
As additional conferees from the Committee on Agriculture, for
consideration of sections 4601-08, 5105, and 5145 of the Senate
amendment, and modifications committed to conference:
E de la Garza,
Charlie Rose,
Charlie Stenholm,
Pat Roberts,
Richard Pombo,
As additional conferees from the Committee on Banking, Finance and
Urban Affairs, for consideration of sections 2201-04, 2301, and 4901-
33 of the Senate amendment, and sections 1031(b), 1038, and 1099AA-
1099CC of the House amendment, and modifications committed to
conference:
Henry Gonzalez,
Stephen Neal,
Bruce F. Vento,
As additional conferees from the Committee on Education and Labor,
for consideration of sections 631-33, 662(e), 662(f), 811-16, 921-28,
1121-50, 1331, 2801-03, 3261, 3263, 3311, 3341, 3351, 3361, 3381-83,
3501, 3707, 4001-09, 4301-04, 4701-02, 4801-09, 4901-33, 5120, 5122,
5135, 5140, 5142-43, and 5147 of the Senate amendment, and sections
1010-26, 1030-34, 1038, 1051-52, 1065-71, 1081-96, 1099A-1099G,
1099H-1099O, 1099P-1099T, 1606, 1610, 1653-54, 1902(e), 1902(f),
2201-02, 2701-39, 3061-62, 3089-90, of the House amendment, and
modifications committed to conference:
William D. Ford,
Dale E. Kildee,
As additional conferees from the Committee on Energy and Commerce,
for consideration of sections 1503-04, 1511-23, 1532, 1534-35, 1537,
1902(e), 3101-03, 3261, and 5166 of the Senate amendment, and
sections 1010-26, 1041-44, 1606, 2901-03, and 3086 of the House
Amendment, and modifications committed to conference:
John D. Dingell,
Henry A. Waxman,
Cardiss Collins,
As additional conferees from the Committee on Government Operations,
for consideration of sections 1353-54, 1535, and 5150 of the Senate
amendment, and sections 1075-76 of the House amendment, and
modifications committed to conference:
Provided, Mr. Spratt and Mr. Kyl are appointed in lieu of Mr. Waxman
and Mr. Clinger solely for the consideration of sections 1535 and
5150 of the Senate amendment.
John M. Spratt, Jr.,
As additional conferees from the Committee on Merchant Marine and
Fisheries, for consideration of sections 713-15, 4601-08, 5105, and
5145 of the Senate amendment, and modifications committed to
conference:
Gary E. Studds,
George Hochbrueckner,
As additional conferees from the Committee on Natural Resources, for
consideration of sections 3232-33, 4601-08, and 5145 of the Senate
amndment and sections 1099U-1099Z of the House amendment, and
modifications committed to conference:
George Miller,
Bruce Vento,
Karen Shephard,
Don Young,
Provided, Ms. English of Arizona is appointed in lieu of Ms. Shepherd
solely for the consideration of sections 4601-08 of the Senate
amendment.
Karan English,
Provided, Mr. Hinchey is appointed in lieu of Ms. Shepherd solely for
the consideration of sections 1099U-1099Z of the House amendment.
Maurice Hinchey,
As additional conferees from the Committee on Post Office and Civil
Service, for consideration of sections 1352 and 3371 of the Senate
amendment, and modifications committed to conference:
William Clay,
Frank McCloskey,
Eleanor H. Norton,
Constance Morella,
As additional conferees from the Committee on Public Works and
Transportation, for consideration of sections 1533, 1536, and 3231 of
the Senate amendment, and section 1801 of the House amendment and
modifications committeed to conference:
Norman Y. Mineta,
Nick Rahall,
Bud Shuster,
Thomas E. Petri,
As additional conferees from the Committee on Rules, for
consideration of sections 1353-54 of the Senate amendment, and
modifications committed to conference:
Butler Derrick,
As additional conferees from the Committee on Ways and Means, for
consideration of sections 311(b), 1502, 1515-16, 1802, 4702(e)(1),
5102, and 5113 of the Senate amendment, and modifications committed
to conference:
Dan Rostenkowski,
Sam Gibbons,
J.J. Pickle,
Managers on the Part of the House.
Joseph R. Biden, Jr.,
Ted Kennedy,
Howard Metzenbaum,
Dennis DeConcini,
Pat Leahy,
Managers on the Part of the Senate.