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TITLE XXXII-MISCELLANEOUS Sections 320916-320935
SEC. 320916. AUTHORITY TO INVESTIGATE VIOLENT CRIMES AGAINST
TRAVELERS.
(a) In General .-Chapter 33 of title 28, United States Code, is
amended by adding at the end the following new section:
" 540A. Investigation of violent crimes against travelers
"(a) In General .-At the request of an appropriate law enforcement
official of a State or political subdivision, the Attorney General and
Director of the Federal Bureau of Investigation may assist in the
investigation of a felony crime of violence in violation of the law of
any State in which the victim appears to have been selected because he
or she is a traveler.
"(b) Foreign Travelers .-In a case in which the traveler who is a
victim of a crime described in subsection (a) is from a foreign
nation, the Attorney General and Director of the Federal Bureau of
Investigation, and, when appropriate, the Secretary of State shall
assist the prosecuting and law enforcement officials of a State or
political subdivision to the fullest extent possible in securing from
abroad such evidence or other information as may be needed for the
effective investigation and prosecution of the crime.
"(c) Definitions .-In this section-
" 'felony crime of violence' means an offense punishable by more than
one year in prison that has as an element the use, attempted use, or
threatened use of physical force against the person of another.
" 'State' means a State, the District of Columbia, and any
commonwealth, territory, or possession of the United States.
" 'traveler' means a victim of a crime of violence who is not a
resident of the State in which the crime of violence occurred.".
(b) Technical Amendment .-The chapter analysis for chapter 33 of title
28, United States Code, is amended by adding at the end the following
new item:
"540A. Investigation of violent crimes against travelers.".
SEC. 320917. EXTENSION OF STATUTE OF LIMITATIONS FOR ARSON.
(a) In General .-Section 844(i) of title 18, United States Code, is
amended by adding at the end the following: "No person shall be
prosecuted, tried, or punished for any noncapital offense under this
subsection unless the indictment is found or the information is
instituted within 7 years after the date on which the offense was
committed.".
(b) Application of Amendment .-The amendment made by subsection (a)
shall not apply to any offense described in the amendment that was
committed more than 5 years prior to the date of enactment of this
Act.
SEC. 320918. SENSE OF CONGRESS CONCERNING CHILD CUSTODY AND VISITATION
RIGHTS.
It is the sense of the Congress that in determining child custody and
visitation rights, the courts should take into consideration the
history of drunk driving that any person involved in the determination
may have.
SEC. 320919. EDWARD BYRNE MEMORIAL FORMULA GRANT PROGRAM.
Nothing in this Act shall be construed to prohibit or exclude the
expenditure of appropriations to grant recipients that would have been
or are eligible to receive grants under subpart 1 of part E of the
Omnibus Crime Control and Safe Streets Act of 1968.
SEC. 320920. SENSE OF THE SENATE REGARDING LAW DAY U.S.A.
It is the sense of the Senate that in celebration of "Law Day,
U.S.A.", May 1, 1995, the grateful people of this Nation should give
special emphasis to all law enforcement personnel of the United
States, and the grateful people of this Nation should acknowledge the
unflinching and devoted service law enforcement personnel perform as
such personnel help preserve domestic tranquillity and guarantee the
legal rights of all individuals of this Nation.
SEC. 320921. FIRST TIME DOMESTIC VIOLENCE OFFENDER REHABILITATION
PROGRAM.
(a) Sentence of Probation .-Section 3561 of title 18, United States
Code, is amended-
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting the following new subsection after subsection (a):
"(b) Domestic Violence Offenders .- A defendant who has been convicted
for the first time of a domestic violence crime shall be sentenced to
a term of probation if not sentenced to a term of imprisonment. The
term 'domestic violence crime' means a crime of violence for which the
defendant may be prosecuted in a court of the United States in which
the victim or intended victim is the spouse, former spouse, intimate
partner, former intimate partner, child, or former child of the
defendant, or any relative defendant, child, or former child of the
defendant, or any other relative of the defendant.".
(b) Conditions of Probation .-Section 3563(a) of title 18, United
States Code, is amended by-
(1) striking "and" at the end of paragraph (2);
(2) striking the period at the end of paragraph (3) and inserting ";
and"; and
(3) by inserting the following new paragraph:
"(4) for a domestic violence crime as defined in section 3561(b) by a
defendant convicted of such an offense for the first time that the
defendant attend a public, private, or private non-profit offender
rehabilitation program that has been approved by the court, in
consultation with a State Coalition Against Domestic Violence or other
appropriate experts, if an approved program is readily available
within a 50- mile radius of the legal residence of the defendant.".
(c) Supervised Release .-Section 3583 of title 18, United States Code,
is amended-
(1) in subsection (a) by inserting "or if the defendant has been
convicted for the first time of a domestic violence crime as defined
in section 3561(b)" after "statute"; and
(2) in subsection (d) by inserting the following after the first
sentence: "The court shall order as an explicit condition of
supervised release for a defendant convicted for the first time of a
domestic violence crime as defined in section 3561(b) that the
defendant attend a public, private, or private nonprofit offender
rehabilitation program that has been approved by the court, in
consultation with a State Coalition Against Domestic Violence or other
appropriate experts, if an approved program is readily available
within a 50-mile radius of the legal residence of the defendant.".
SEC. 320922. DISPLAY OF FLAGS AT HALFSTAFF.
(a) Public Law 87-726 .-The first section of Public Law 87-726 (36
U.S.C. 167) is amended-
(1) by striking "(2)" and inserting "(3)";
(2) by inserting after clause (1) the following new clause: "(2)
directing the officials of the Government to display at halfstaff the
flag of the United States on all Government buildings on such day, as
provided by section 3(m) of the Act of June 22, 1942 (Chapter 435; 56
Stat. 377; 36 U.S.C. 175),";
(3) by striking "(3)" and inserting "(4)"; and
(4) by inserting in paragraph (4) ", including the display at
half-staff of the flag of the United States" after "activities".
(b) Act of June 22, 1942.-Section 3(m) of the Act of June 22, 1942
(Chapter 435; 56 Stat. 377; 36 U.S.C. 175) is amended by inserting
"The flag shall be flown at half-staff on Peace Officers Memorial Day,
unless that day is also Armed Forces Day." after "a Member of
Congress.".
SEC. 320923. FINANCIAL INSTITUTION FRAUD.
Section 528 of Public Law 101-509, approved November 5, 1990, is
amended by striking "with the authority of the Resolution Trust
Corporation or its successor" at the end of subsection (b)(2) and
inserting "on December 31, 2004".
SEC. 320924. DEFINITION OF "PARENT" FOR THE PURPOSES OF THE OFFENSE OF
KIDNAPPING.
Section 1201 of title 18, United States Code, is amended by adding at
the end the following new subsection:
"(h) As used in this section, the term 'parent' does not include a
person whose parental rights with respect to the victim of an offense
under this section have been terminated by a final court order.".
SEC. 320926. HATE CRIME STATISTICS ACT.
Subsection (b)(1) of the first section of the Hate Crime Statistics
Act (28 U.S.C. 534 note) is amended by inserting "disability," after
"religion,".
SEC. 320927. EXEMPTION FROM BRADY BACKGROUND CHECK REQUIREMENT OF
RETURN OF HANDGUN TO OWNER.
Section 922(s)(1) of title 18, United States Code, is amended in the
first sentence by inserting "(other than the return of a handgun to
the person from whom it was received)" after "handgun".
SEC. 320928. AMENDMENT OF THE NATIONAL CHILD PROTECTION ACT OF 1993.
(a) Protection of the Elderly and Individuals With Disabilities .-
(1) Background checks .-Section 3(a)(1) of the National Child
Protection Act of 1993 (42 U.S.C. 5119a) is amended by striking "an
individual's fitness to have responsibility for the safety and
well-being of children" and inserting "the provider's fitness to have
responsibility for the safety and well-being of children, the elderly,
or individuals with disabilities".
(2) Guidelines .-Section 3(b) of the National Child Protection Act of
1993 (42 U.S.C. 5119b(b)) is amended-
(A) in paragraph (1)(E)-
(i) by striking "child" the first place it appears and inserting
"person"; and
(ii) by striking "child" the second place it appears; and
[*H8862]
(B) in paragraph (4) by striking "an individual's fitness to have
responsibility for the safety and well- being of children" and
inserting "the provider's fitness to have responsibility for the
safety and well-being of children, the elderly, or individuals with
disabilities".
(3) Definition of care .-Section 5 of the National Child Protection
Act of 1993 (42 U.S.C. 5119c(5)) is amended-
(A) by amending paragraph (5) to read as follows:
"(5) the term 'care' means the provision of care, treatment,
education, training, instruction, supervision, or recreation to
children, the elderly, or individuals with disabilities;"; and
(B) in paragraph (8) by striking "child care" each place it appears
and inserting "care".
(b) Information Required To Be Reported .-Section 2(a) of the National
Child Protection Act of 1993 (42 U.S.C. 5119(a)) is amended by adding
at the end "A criminal justice agency may satisfy the requirement of
this subsection by reporting or indexing all felony and serious
misdemeanor arrests and dispositions.".
(c) Clarification of Immunity Provision .-Section 3(d) of the National
Child Protection Act of 1993 (42 U.S.C. 5119a(d)) is amended by
inserting "(other than itself)" after "failure of a qualified entity".
(d) Defrayment of Costs to Volunteers of Conducting Background Checks
.-Section 4(b) of the National Child Protection Act of 1993 (42 U.S.C.
5119b(b)) is amended-
(1) by striking "and" at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D) and
inserting "; and"; and
(3) by adding at the end the following new subparagraph:
"(E) to assist the State in paying all or part of the cost to the
State of conducting background checks on persons who are employed by
or volunteer with a public, not-for-profit, or voluntary qualified
entity to reduce the amount of fees charged for such background
checks.".
(e) Fees .-Section 3(e) of the National Child Protection Act of 1993
is amended by striking "the actual cost" and inserting "eighteen
dollars, respectively, or the actual cost, whichever is less,".
(f) Costs of the FBI .-Funds authorized to be appropriated to the
Federal Bureau of Investigation under section 190001(c) of this Act
may be used to pay all or part of the cost to the Federal Bureau of
Investigation of carrying out the National Child Protection Act of
1993, including the cost of conducting background checks on persons
who are employed by or volunteer with a public, not-for-profit, or
voluntary qualified entity to reduce the amount of fees charged for
such background checks.
(g) Guidelines .-
(1) In general .-The Attorney General, in consultation with Federal,
State, and local officials, including officials responsible for
criminal history record systems, and representatives of public and
private care organizations and health, legal, and social welfare
organizations, shall develop guidelines for the adoption of
appropriate safeguards by care providers and by States for protecting
children, the elderly, or individuals with disabilities from abuse.
(2) Matters to be addressed .-In developing guidelines under paragraph
(1), the Attorney General shall address the availability, cost,
timeliness, and effectiveness of criminal history background checks
and recommend measures to ensure that fees for background checks do
not discourage volunteers from participating in care programs.
(3) Dissemination .-The Attorney General shall, subject to the
availability of appropriations, disseminate the guidelines to State
and local officials and to public and private care providers.
(h) Change of Report Deadline .-Section 2(f)(2) of the National Child
Protection Act of 1993 (42 U.S.C. 5119(f)(2)) is amended by striking
"1 year" and inserting "2 years".
(i) Change of Implementation Deadline .-Section 2(b)(2)(A) of the
National Child Protection Act of 1993 (42 U.S.C. 5119(b)(2)(A)) is
amended by striking "3 years" and inserting "5 years".
(j) Definition of Child Abuse Cases and Individuals With Disabilities
.-Section 5 of the National Child Protection Act of 1993 (42 U.S.C.
5119c) is amended-
(1) by redesignating paragraph (6), (7), (8), and (9) as paragraph
(8), (9), (10), and (11), respectively; and
(2) by inserting after paragraph (5) the following new paragraphs:
"(6) the term 'identifiable child abuse crime case' means a case that
can be identified by the authorized criminal justice agency of the
State as involving a child abuse crime by reference to the statutory
citation or descriptive label of the crime as it appears in the
criminal history record;
"(7) the term 'individuals with disabilities' means persons with a
mental or physical impairment who require assistance to perform one or
more daily living tasks;".
SEC. 320929. TENNESSEE VALLEY AUTHORITY LAW ENFORCEMENT PERSONNEL.
The Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et seq.) is
amended by inserting after section 4 the following new section:
" Sec. 4A. Law Enforcement .-(a) Designation of Law Enforcement Agents
.-The Board may designate employees of the corporation to act as law
enforcement agents in the area of jurisdiction described in subsection
(c).
"(b) Duties and Powers .-
"(1) Duties .-A law enforcement agent designated under subsection (a)
shall maintain law and order and protect persons and property in the
area of jurisdiction described in subsection (c) and protect property
and officials and employees of the corporation outside that area.
"(2) Powers .-In the performance of duties described in paragraph (1),
a law enforcement agent designated under subsection (a) may-
"(A) make arrests without warrant for any offense against the United
States committed in the agent's presence, or for any felony cognizable
under the laws of the United States if the agent has probable cause to
believe that the person to be arrested has committed or is committing
such a felony;
"(B) execute any warrant or other process issued by a court or officer
of competent jurisdiction for the enforcement of any Federal law or
regulation issued pursuant to law in connection with the investigation
of an offense described in subparagraph (A);
"(C) conduct an investigation of an offense described in subparagraph
(A) in the absence of investigation of the offense by any Federal law
enforcement agency having investigative jurisdiction over the offense
or with the concurrence of that agency; and
"(D) carry firearms in carrying out any activity described in
subparagraph (A), (B), or (C).
"(c) Area of Jurisdiction .-A law enforcement agent designated under
subsection (a) shall be authorized to exercise the law enforcement
duties and powers described in subsection (b)-
"(1) on any lands or facilities owned or leased by the corporation or
within such adjoining areas in the vicinities of such lands or
facilities as may be determined by the board under subsection (e); and
"(2) on other lands or facilities-
"(A) when the person to be arrested is in the process of fleeing from
such lands, facilities, or adjoining areas to avoid arrest;
"(B) in conjunction with the protection of property or officials or
employees of the corporation on or within lands or facilities other
than those owned or leased by the corporation; or
"(C) in cooperation with other Federal, State, or local law
enforcement agencies.
"(d) Federal Investigative Jurisdiction and State Civil and Criminal
Jurisdiction Not Preempted .- Nothing in this section shall be
construed to-
"(1) limit or restrict the investigative jurisdiction of any Federal
law enforcement agency; or "(2) affect any right of a State or a
political subdivision thereof to exercise civil and criminal
jurisdiction on or within lands or facilities owned or leased by the
corporation.
"(e) Determination of Adjoining Areas .-
"(1) In general .-The board shall determine and may from time-to-time
modify the adjoining areas for each facility or particular area of
land, or for individual categories of such facilities or lands, for
the purposes of subsection (c)(1).
"(2) Notice .-A notice and description of each adjoining area
determination or modification of a determination made under paragraph
(1) shall be published in the Federal Register.
"(f) Qualifications and Training .-The board, in consultation with the
Attorney General, shall adopt qualification and training standards for
law enforcement agents designated under subsection (a).
"(g) Relation to Other Law .-A law enforcement agent designated under
subsection (a) shall not be considered to be a law enforcement officer
of the United States for the purposes of any other law, and no law
enforcement agent designated under subsection (a) or other employee of
the corporation shall receive an increase in compensation solely on
account of this section.
"(h) Relationship With Attorney General .-The duties and powers of law
enforcement agents designated under subsection (a) that are described
in subsection (b) shall be exercised in accordance with guidelines
approved by the Attorney General.".
SEC. 320932. ASSISTANT UNITED STATES ATTORNEY RESIDENCY.
Section 545(a) of title 28, United States Code, is amended-
(1) by striking "and assistant United States attorney"; and
(2) by inserting the following after the first sentence: "Each
assistant United States attorney shall reside in the district for
which he or she is appointed or within 25 miles thereof.".
SEC. 320933. LABELS ON PRODUCTS.
To the extent any person introduces, delivers for introduction, sells,
advertises, or offers for sale in commerce a product with a "Made in
the U.S.A." or "Made in America" label, or the equivalent thereof, in
order to represent that such product was in whole or substantial part
of domestic origin, such label shall be consistent with decisions and
orders of the Federal Trade Commission issued pursuant to section 5 of
the Federal Trade Commission Act. This section only applies to such
labels. Nothing in this section shall preclude the application of
other provisions of law relating to labeling. The Commission may
periodically consider an appropriate percentage of imported components
which may be included in the product and still be reasonably
consistent with such decisions and orders. Nothing in this section
shall preclude use of such labels for products that contain imported
components under the label when the label also discloses such
information in a clear and conspicuous manner. The Commission shall
administer this section pursuant to section 5 of the Federal Trade
Commission Act and may from time to time issue rules pursuant to
section 553 of Title 5, United States Code for such purpose. If a rule
is issued, such violation shall be treated by the Commission as a
violation of a rule under section 18 of the Federal Trade Commissions
Act (15 U.S.C. 57a) regarding unfair or deceptive acts or practices.
This section shall be effective upon publication in the Federal
Register of a Notice of the provisions of this section. The Commission
shall publish such notice within six months after the enactment of
this section. [*H8863]
SEC. 320934. NON-DISCHARGEABILITY OF PAYMENT OF RESTITUTION ORDER.
Section 523(a) of title 11, United States Code, is amended-
(1) by striking "or" at the end of paragraph (11);
(2) by striking the period at the end of paragraph (12) and inserting
"; or"; and
(3) by adding at the end the following new paragraph:
"(13) for any payment of an order of restitution issued under title
18, United States Code."
SEC. 320935 ADMISSIBILITY OF EVIDENCE OF SIMILAR CRIMES IN SEX OFFENSE
CASES.
(a) The Federal Rules of Evidence are amended by adding after Rule 412
the following new rules:
"Rule 413. Evidence of Similar Crimes in Sexual Assault Cases
"(a) In a criminal case in which the defendant is accused of an
offense of sexual assault, evidence of the defendant's commission of
another offense or offenses of sexual assault is admissible, and may
be considered for its bearing on any matter to which it is relevant.
"(b) In a case in which the Government intends to offer evidence under
this rule, the attorney for the Government shall disclose the evidence
to the defendant, including statements of witnesses or a summary of
the substance of any testimony that is expected to be offered, at
least fifteen days before the scheduled date of trial or at such later
time as the court may allow for good cause.
"(c) This rule shall not be construed to limit the admission or
consideration of evidence under any other rule.
"(d) For purposes of this rule and Rule 415, "offense of sexual
assault" means a crime under Federal law or the law of a State (as
defined in section 513 of title 18, United States Code) that involved-
"(1) any conduct proscribed by chapter 109A of title 18, United States
Code;
"(2) contact, without consent, between any part of the defendant's
body or an object and the genitals or anus of another person;
"(3) contact, without consent, between the genitals or anus of the
defendant and any part of another person's body;
"(4) deriving sexual pleasure or gratification from the infliction of
death, bodily injury, or physical pain on another person; or
"(5) an attempt or conspiracy to engage in conduct described in
paragraph (1)-(4).
"Rule 414. Evidence of Similar Crimes in Child Molestation Cases
"(a) In a criminal case in which the defendant is accused of an
offense of child molestation, evidence of the defendant's commission
of another offense or offenses of child molestation is admissible, and
may be considered for its
bearing on any matter to which it is relevant.
"(b) In a case in which the Government intends to offer evidence under
this rule, the attorney for the Government shall disclose the evidence
to the defendant, including statements of witnesses or a summary of
the substance of any testimony that is expected to be offered, at
least fifteen days before the scheduled date of trial or at such later
time as the court may allow for good cause.
"(c) This rule shall not be construed to limit the admission or
consideration of evidence under any other rule.
"(d) For purposes of this rule and Rule 415, "child" means a person
below the age of fourteen, and "offense of child molestation" means a
crime under Federal law or the law of a State (as defined in section
513 of title 18, United States Code) that involved-
"(1) any conduct proscribed by chapter 109A of title 18, United States
Code, that was committed in relation to a child;
"(2) any conduct proscribed by chapter 110 of title 18, United States
Code;
"(3) contact between any part of the defendant's body or an object and
the genitals or anus of a child;
"(4) contact between the genitals or anus of the defendant and any
part of the body of a child;
"(5) deriving sexual pleasure or gratification from the infliction of
death, bodily injury, or physical pain on a child; or
"(6) an attempt or conspiracy to engage in conduct described in
paragraphs (1)-(5).
"Rule 415. Evidence of Similar Acts in Civil Cases Concerning Sexual
Assault or Child Molestation
"(a) In a civil case in which a claim for damages or other relief is
predicated on a party's alleged commission of conduct constituting an
offense of sexual assault or child molestation, evidence of that
party's commission of another offense or offenses of sexual assault or
child molestation is admissible and may be considered as provided in
Rule 413 and Rule 414 of these rules.
"(b) A party who intends to offer evidence under this Rule shall
disclose the evidence to the party against whom it will be offered,
including statements of witnesses or a summary of the substance of any
testimony that is expected to be offered, at least fifteen days before
the scheduled date of trial or at such later time as the court may
allow for good cause.
"(c) This rule shall not be construed to limit the admission or
consideration of evidence under any other rule."
(b) Implementation.- The amendments made by subsection (a) shall
become effective pursuant to subsection (d).
(c) Recommendations by Judicial Conference.- Not later than 150 days
after the date of enactment of this Act, the Judicial Conference of
the United States shall transmit to Congress a report containing
recommendations for amending the Federal Rules of Evidence as they
affect the admission of evidence of a defendant's prior sexual assault
or child molestation crimes in cases involving sexual assault and
child molestation. The Rules Enabling Act shall not apply to the
recommendations made by the Judicial Conference pursuant to this
section.
(d) Congressional Action. -
(1) If the recommendations described in subsection (c) are the same as
the amendments made by subsection (a) then the amendments made by
subsection (a) shall become effective 30 days after the transmittal of
the recommendations.
(2) If the recommendations described in subsection (c) are different
than the amendments made by subsection (a), the amendments made by
subsection (a) shall become effective 150 days after the transmittal
of the recommendations unless otherwise provided by law.
(3) If the Judicial Conference fails to comply with subsection (c),
the amendments made by subsection (a) shall become effective 150 days
after the date the recommendations were due under subsection (c)
unless otherwise provided by law.
(e) Application.- The amendments made by subsection (a) shall apply to
proceedings commenced on or after the effective date of such
amendments.