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pdfH. R. 3355
One Hundred Third Congress
of the
United States of America
AT T H E S E C O N D S E S S I O N
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-four
An Act
To control and prevent crime.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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.
H. R. 3355—2
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
20411.
20412.
20413.
20414.
20415.
20416.
20417.
20418.
Awards of Pell Grants to prisoners prohibited.
Education requirement for early release.
Conversion of closed military installations into Federal prison facilities.
Post-conviction release drug testing—Federal offenders.
Reporting of cash received by criminal court clerks.
Civil rights of institutionalized persons.
Notification of release of prisoners.
Correctional job training and placement.
TITLE III—CRIME PREVENTION
Sec.
Sec.
Sec.
Sec.
30101.
30102.
30103.
30104.
Subtitle A—Ounce of Prevention Council
Ounce of Prevention Council.
Ounce of prevention grant program.
Definition.
Authorization of appropriations.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
30201.
30202.
30203.
30204.
30205.
30206.
30207.
30208.
Subtitle B—Local Crime Prevention Block Grant Program
Payments to local governments.
Authorization of appropriations.
Qualification for payment.
Allocation and distribution of funds.
Utilization of private sector.
Public participation.
Administrative provisions.
Definitions.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
30301.
30302.
30303.
30304.
30305.
30306.
30307.
Subtitle C—Model Intensive Grant Programs
Grant authorization.
Uses of funds.
Program requirements.
Applications.
Reports.
Definitions.
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.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
CHAPTER 1—COMMUNITY ECONOMIC PARTNERSHIP INVESTMENT FUNDS
31111. Purpose.
31112. Provision of assistance.
31113. Approval of applications.
31114. Availability of lines of credit and use.
31115. Limitations on use of funds.
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.
H. R. 3355—3
Sec. 31132. Authorization of appropriations.
Sec. 31133. Prohibition.
Subtitle O—Urban Recreation and At-Risk Youth
Purpose of assistance.
Definitions.
Criteria for selection.
Park and recreation action recovery programs.
Miscellaneous and technical amendments.
Sec.
Sec.
Sec.
Sec.
Sec.
31501.
31502.
31503.
31504.
31505.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Subtitle Q—Community-Based Justice Grants for Prosecutors
31701. Grant authorization.
31702. Use of funds.
31703. Applications.
31704. Allocation of funds; limitations on grants.
31705. Award of grants.
31706. Reports.
31707. Authorization of appropriations.
31708. Definitions.
Sec.
Sec.
Sec.
Sec.
31901.
31902.
31903.
31904.
Subtitle S—Family Unity Demonstration Project
Short title.
Purpose.
Definitions.
Authorization of appropriations.
CHAPTER 1—GRANTS TO STATES
Sec. 31911. Authority to make grants.
Sec. 31912. Eligibility to receive grants.
Sec. 31913. Reports.
CHAPTER 2—FAMILY UNITY DEMONSTRATION PROJECT
Sec. 31921. Authority of the Attorney General.
Sec. 31922. Requirements.
FOR
FEDERAL PRISONERS
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.
Sec.
Sec.
Sec.
Sec.
40111.
40112.
40113.
40114.
CHAPTER 1—FEDERAL PENALTIES FOR SEX CRIMES
Repeat offenders.
Federal penalties.
Mandatory restitution for sex crimes.
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.
H. R. 3355—4
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
Sec. 40231. Encouraging arrest policies.
IN
DOMESTIC VIOLENCE CASES
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
Sec. 40271. Grantee reporting.
Sec. 40272. Technical amendments.
AND
SERVICES ACT AMENDMENTS
CHAPTER 8—CONFIDENTIALITY FOR ABUSED PERSONS
Sec. 40281. Confidentiality of abused person’s address.
CHAPTER 9—DATA
Sec. 40291. Research agenda.
Sec. 40292. State databases.
Sec. 40293. Number and cost of injuries.
AND
RESEARCH
CHAPTER 10—RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT
Sec. 40295. Rural domestic violence and child abuse enforcement assistance.
Sec.
Sec.
Sec.
Sec.
40301.
40302.
40303.
40304.
Subtitle C—Civil Rights for Women
Short title.
Civil rights.
Attorney’s fees.
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
STATE COURTS
Sec. 40411. Grants authorized.
Sec. 40412. Training provided by grants.
AND
COURT PERSONNEL
IN
H. R. 3355—5
Sec. 40413. Cooperation in developing programs in making grants under this title.
Sec. 40414. Authorization of appropriations.
CHAPTER 2—EDUCATION
TRAINING FOR JUDGES AND COURT PERSONNEL
FEDERAL COURTS
Sec. 40421. Authorizations of circuit studies; education and training grants.
Sec. 40422. Authorization of appropriations.
AND
IN
Subtitle E—Violence Against Women Act Improvements
Pre-trial detention in sex offense cases.
Increased penalties for sex offenses against victims below the age of 16.
Payment of cost of testing for sexually transmitted diseases.
Extension and strengthening of restitution.
Enforcement of restitution orders through suspension of Federal
benefits.
National baseline study on campus sexual assault.
Report on battered women’s syndrome.
Report on confidentiality of addresses for victims of domestic violence.
Report on recordkeeping relating to domestic violence.
Sec.
Sec.
Sec.
Sec.
Sec.
40501.
40502.
40503.
40504.
40505.
Sec.
Sec.
Sec.
Sec.
40506.
40507.
40508.
40509.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
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Sec.
Sec.
Sec.
Sec.
Subtitle F—National Stalker and Domestic Violence Reduction
40601. Authorizing access to Federal criminal information databases.
40602. Grant program.
40603. Authorization of appropriations.
40604. Application requirements.
40605. Disbursement.
40606. Technical assistance, training, and evaluations.
40607. Training programs for judges.
40608. Recommendations on intrastate communication.
40609. Inclusion in national incident-based reporting system.
40610. Report to Congress.
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.
Sec.
Sec.
Sec.
Sec.
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Sec.
60001.
60002.
60003.
60004.
60005.
60006.
60007.
60008.
Sec.
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Sec.
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60009.
60010.
60011.
60012.
60013.
Sec. 60014.
Sec. 60015.
Sec.
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Sec.
Sec.
Sec.
Sec.
Sec.
60016.
60017.
60018.
60019.
60020.
60021.
60022.
TITLE VI—DEATH PENALTY
Short title.
Constitutional procedures for the imposition of the sentence of death.
Specific offenses for which death penalty is authorized.
Applicability to Uniform Code of Military Justice.
Death penalty for murder by a Federal prisoner.
Death penalty for civil rights murders.
Death penalty for the murder of Federal law enforcement officials.
New offense for the indiscriminate use of weapons to further drug conspiracies.
Foreign murder of United States nationals.
Death penalty for rape and child molestation murders.
Death penalty for sexual exploitation of children.
Murder by escaped prisoners.
Death penalty for gun murders during Federal crimes of violence and
drug trafficking crimes.
Homicides and attempted homicides involving firearms in Federal facilities.
Death penalty for the murder of State or local officials assisting Federal law enforcement officials and State correctional officers.
Protection of court officers and jurors.
Prohibition of retaliatory killings of witnesses, victims, and informants.
Death penalty for murder of Federal witnesses.
Offenses of violence against maritime navigation or fixed platforms.
Torture.
Violence at airports serving international civil aviation.
Terrorist Death Penalty Act.
H. R. 3355—6
Sec.
Sec.
Sec.
Sec.
60023.
60024.
60025.
60026.
Weapons of mass destruction.
Enhanced penalties for alien smuggling.
Protection of jurors and witnesses in capital cases.
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
Sec. 90101.
Sec. 90102.
Sec. 90103.
Sec. 90104.
Sec. 90105.
Sec. 90106.
Sec. 90107.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
90201.
90202.
90203.
90204.
90205.
90206.
90207.
90208.
Subtitle A—Enhanced Penalties and General Provisions
Enhancement of penalties for drug trafficking in prisons.
Increased penalties for drug-dealing in ‘‘drug-free’’ zones.
Enhanced penalties for illegal drug use in Federal prisons and for
smuggling drugs into Federal prisons.
Clarification of narcotic or other dangerous drugs under RICO.
Conforming amendments to recidivist penalty provisions of the Controlled Substances Act and the Controlled Substances Import and Export Act.
Advertising.
Violent crime and drug emergency areas.
Subtitle B—National Narcotics Leadership Act Amendments
Implementation of National Drug Control Strategy.
Report on reprogramming; office personnel restriction.
National Drug Control Strategy outcome measures.
Counter-Drug Technology Assessment Center.
Special Forfeiture Fund amendments.
Authorization of appropriations.
Adequate staffing of the Office of National Drug Control Policy.
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.
H. R. 3355—7
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
Prosecution as adults of certain juveniles for crimes of violence.
Commencement of juvenile proceeding.
Separation of juvenile from adult offenders.
Bindover system for certain violent juveniles
Amendment concerning records of crimes committed by juveniles.
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.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
140001.
140002.
140003.
140004.
140005.
140006.
TITLE XV—CRIMINAL STREET GANGS
Criminal street gangs.
Adult prosecution of serious juvenile offenders.
Addition of anti-gang Byrne grant funding objective.
Mentoring program.
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.
Sec.
Sec.
Sec.
Sec.
Sec.
150001.
150002.
150003.
150006.
150007.
TITLE XVI—CHILD PORNOGRAPHY
Sec. 160001. Penalties for international trafficking in child pornography.
H. R. 3355—8
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
Sec.
Sec.
Sec.
Sec.
180101.
180102.
180103.
180104.
Subtitle A—Drug Trafficking in Rural Areas
Authorizations for rural law enforcement agencies.
Rural crime and drug enforcement task forces.
Rural drug enforcement training.
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
Sec.
Sec.
Sec.
Sec.
200101.
200102.
200103.
200104.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
200105.
200106.
200107.
200108.
200109.
200110.
200111.
200112.
200113.
Subtitle A—Police Corps
Short title.
Purposes.
Definitions.
Establishment of office of the police corps and law enforcement education.
Designation of lead agency and submission of State plan.
Scholarship assistance.
Selection of participants.
Police corps training.
Service obligation.
State plan requirements.
Assistance to States and localities employing police corps officers.
Authorization of appropriations.
Reports to congress.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
200201.
200202.
200203.
200204.
200205.
200206.
200207.
200208.
200209.
200210.
Subtitle B—Law Enforcement Scholarship Program
Short title.
Definitions.
Allotment.
Establishment of program.
Scholarships.
Eligibility.
State application.
Local application.
Scholarship agreement.
Authorization of appropriations.
TITLE XXI—STATE AND LOCAL LAW ENFORCEMENT
Subtitle A—Byrne Program
Sec. 210101. Extension of Byrne Grant funding.
H. R. 3355—9
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.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
TITLE XXV—SENIOR CITIZENS AGAINST MARKETING SCAMS
250001. Short title.
250002. Enhanced penalties for telemarketing fraud.
250003. Increased penalties for fraud against older victims.
250004. Rewards for information leading to prosecution and conviction.
250005. Authorization of appropriations.
250006. Broadening application of mail fraud statute.
250007. Fraud and related activity in connection with access devices.
250008. Information network.
TITLE XXVI—COMMISSION MEMBERSHIP AND APPOINTMENT
Sec. 260001. Commission membership and appointment.
Sec. 260002. Conforming amendment.
H. R. 3355—10
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
Increased penalties for assault.
Increased penalties for manslaughter.
Increased penalties for civil rights violations.
Penalties for trafficking in counterfeit goods and services.
Increased penalty for conspiracy to commit murder for hire.
Increased penalties for arson.
Increased penalties for drug trafficking near public housing.
Task force and criminal penalties relating to the introduction of
nonindigenous species.
Sec. 320109. Military medals and decorations.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
320101.
320102.
320103.
320104.
320105.
320106.
320107.
320108.
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.
H. R. 3355—11
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.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
320801.
320802.
320803.
320804.
320805.
320806.
320807.
320808.
Subtitle H—Recreational Hunting Safety
Short title.
Obstruction of a lawful hunt.
Civil penalties.
Other relief.
Relationship to State and local law and civil actions.
Regulations.
Rule of construction.
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. Admissability 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.
H. R. 3355—12
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
330005.
330006.
330007.
330008.
330009.
330010.
330011.
330012.
Sec.
Sec.
Sec.
Sec.
330013.
330014.
330015.
330016.
Sec. 330017.
Sec. 330018.
Sec.
Sec.
Sec.
Sec.
Sec.
330019.
330020.
330021.
330022.
330023.
Sec. 330024.
Sec. 330025.
Correction of drafting error in the Foreign Corrupt Practices Act.
Elimination of redundant penalty provision in 18 U.S.C. 1116.
Elimination of redundant penalty.
Corrections of misspellings and grammatical errors.
Other technical amendments.
Correction of errors found during codification.
Problems related to execution of prior amendments.
Amendment to section 1956 of title 18 to eliminate duplicate predicate
crimes.
Amendments to part V of title 18.
Update of cross reference.
Correction of error in amendatory language.
Correction of misleading and outmoded fine amounts in offenses under
title 18.
Technical corrections to title 31 crimes.
Repeal of superfluous statute of limitation and transfer of child abuse
statute of limitation.
Technical errors in section 1956.
Technical error.
Conforming spelling of variants of ‘‘kidnap’’.
Margin error.
Technical corrections relating to section 248 of title 18, United States
Code.
Technical amendments necessitated by the enactment of the Domestic
Chemical Diversion Control Act of 1993.
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;
H. R. 3355—13
(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 communityoriented 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 commu-
H. R. 3355—14
nity-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 enforce-
H. R. 3355—15
ment 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
H. R. 3355—16
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
H. R. 3355—17
having jurisdiction over areas with populations 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.
H. R. 3355—18
‘‘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 nonprofit organizations in
which citizens, especially those who participate in neighborhood
watch programs, are trained in ways of facilitating communica-
H. R. 3355—19
tion 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:
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘PART
1701.
1702.
1703.
1704.
1705.
1706.
1707.
1708.
1709.
Q—PUBLIC SAFETY AND COMMUNITY POLICING; ‘COPS ON THE BEAT’
Authority to make public safety and community policing grants.
Applications.
Renewal of grants.
Limitation on use of funds.
Performance evaluation.
Revocation or suspension of funding.
Access to documents.
General regulatory authority.
Definitions.
‘‘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
H. R. 3355—20
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
H. R. 3355—21
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.—
H. R. 3355—22
(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).
H. R. 3355—23
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;
H. R. 3355—24
(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.
H. R. 3355—25
‘‘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
H. R. 3355—26
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
H. R. 3355—27
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:
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
1801.
1802.
1803.
1804.
1805.
1806.
‘‘PART R—CERTAIN PUNISHMENTS FOR YOUNG OFFENDERS
Grant authorization.
State applications.
Review of State applications.
Local applications.
Allocation and distribution of funds.
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 firsttime offender or a non-violent offender with a minor criminal
record who is 22 years of age or younger (including juveniles).’’.
H. R. 3355—28
(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.
H. R. 3355—29
‘‘(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:
‘‘§ 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 construc-
H. R. 3355—30
tion 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
H. R. 3355—31
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.
H. R. 3355—32
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:
‘‘§ 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
H. R. 3355—33
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
H. R. 3355—34
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.
H. R. 3355—35
(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:
‘‘§ 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:
H. R. 3355—36
‘‘(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.’’.
H. R. 3355—37
(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—
H. R. 3355—38
‘‘(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)—
H. R. 3355—39
(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
H. R. 3355—40
‘‘(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;
H. R. 3355—41
(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
H. R. 3355—42
Council shall be responsible for such functions as coordinated planning, development of a comprehensive crime prevention program
catalogue, provision of assistance to communities and communitybased 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 neighborhoods 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 determina-
H. R. 3355—43
tion 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.
H. R. 3355—44
(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),
H. R. 3355—45
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
H. R. 3355—46
(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
H. R. 3355—47
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.
H. R. 3355—48
(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 communitybased 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
H. R. 3355—49
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 section 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).
H. R. 3355—50
(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
H. R. 3355—51
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
H. R. 3355—52
(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.
H. R. 3355—53
(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,
H. R. 3355—54
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
H. R. 3355—55
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 communitybased 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
H. R. 3355—56
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 nonFederal 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
H. R. 3355—57
(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 nonFederal 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—
H. R. 3355—58
(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;
H. R. 3355—59
(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 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;
H. R. 3355—60
(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
H. R. 3355—61
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.
H. R. 3355—62
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
H. R. 3355—63
(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
H. R. 3355—64
(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.
‘‘6702.
‘‘6703.
‘‘6704.
‘‘6705.
‘‘6706.
‘‘6707.
‘‘6708.
‘‘6709.
‘‘6710.
‘‘6711.
‘‘6712.
‘‘6713.
‘‘6714.
‘‘6715.
‘‘6716.
‘‘6717.
‘‘6718.
‘‘6719.
‘‘6720.
Payments to local governments.
Local Government Fiscal Assistance Fund.
Qualification for payment.
State area allocations; allocations and payments to territorial governments.
Local government allocations.
Income gap multiplier.
State variation of local government allocations.
Adjustments of local government allocations.
Information used in allocation formulas.
Public participation.
Prohibited discrimination.
Discrimination proceedings.
Suspension and termination of payments in discrimination proceedings.
Compliance agreements.
Enforcement by the Attorney General of prohibitions on discrimination.
Civil action by a person adversely affected.
Judicial review.
Investigations and reviews.
Reports.
Definitions, application, and administration.
‘‘§ 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
H. R. 3355—65
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.—
H. R. 3355—66
‘‘(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
a 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.
‘‘§ 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.
‘‘§ 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).
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‘‘(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 Act of 1994
(Public Law 103–252).
‘‘(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 103–252).
‘‘(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
H. R. 3355—68
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
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);
‘‘(6) 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;
‘‘(7) 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
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reasonably requires to review compliance and operations under
section 6718(b);
‘‘(8) the government will make reports the Secretary reasonably requires, in addition to the annual reports required under
section 6719(b); and
‘‘(9) 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).
‘‘§ 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 sub-
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section 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
H. R. 3355—71
‘‘(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
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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.
‘‘§ 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
H. R. 3355—73
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
H. R. 3355—74
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
H. R. 3355—75
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—
H. R. 3355—76
‘‘(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.
‘‘§ 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
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‘‘(2) 1.2, with respect to the remainder of such amount.
‘‘§ 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.
‘‘§ 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
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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.
‘‘§ 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.
‘‘§ 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
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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.
‘‘§ 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.
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‘‘(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.
‘‘§ 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—
H. R. 3355—81
‘‘(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.
‘‘§ 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
H. R. 3355—82
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.
‘‘§ 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.
‘‘§ 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.
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‘‘§ 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.
‘‘§ 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.
H. R. 3355—84
‘‘(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.
‘‘§ 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.
‘‘§ 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
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‘‘(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.
‘‘§ 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;
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‘‘(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.
H. R. 3355—87
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
H. R. 3355—88
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—
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(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.
H. R. 3355—90
(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
MENT GRANTS.
CORPORATION
IMPROVE-
(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.—
H. R. 3355—91
(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.—
H. R. 3355—92
(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 lowincome 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, construc-
H. R. 3355—93
tion 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 lowincome 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
H. R. 3355—94
‘‘(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 selfesteem.
‘‘(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
H. R. 3355—95
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, counseling, 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
H. R. 3355—96
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.
H. R. 3355—97
(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—
H. R. 3355—98
(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
H. R. 3355—99
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;
H. R. 3355—100
(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.
H. R. 3355—101
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.
H. R. 3355—102
‘‘(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
H. R. 3355—103
‘‘(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 aftercare 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
H. R. 3355—104
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.
H. R. 3355—105
‘‘(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
‘‘Sec. 1901. Grant authorization.
‘‘Sec. 1902. State applications.
‘‘Sec. 1903. Review of State applications.
‘‘Sec. 1904. Allocation and distribution of funds.
‘‘Sec. 1905. Evaluation.
FOR
STATE PRISONERS
‘‘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—
H. R. 3355—106
‘‘(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.
H. R. 3355—107
(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) $7,720,000 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’’.
H. R. 3355—108
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:
‘‘§ 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—
H. R. 3355—109
(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:
‘‘§ 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.
H. R. 3355—110
‘‘(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,
H. R. 3355—111
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
H. R. 3355—112
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:
‘‘§ 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
H. R. 3355—113
‘‘(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
H. R. 3355—114
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.
H. R. 3355—115
‘‘(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
H. R. 3355—116
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);
H. R. 3355—117
‘‘(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.
H. R. 3355—118
‘‘(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,
H. R. 3355—119
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
H. R. 3355—120
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 outof-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
H. R. 3355—121
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.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
2001.
2002.
2003.
2004.
2005.
2006.
Purpose of the program and grants.
State grants.
General definitions.
General terms and conditions.
Rape exam payments.
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
H. R. 3355—122
(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—
H. R. 3355—123
‘‘(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).
H. R. 3355—124
(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.’’.
H. R. 3355—125
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
H. R. 3355—126
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.
H. R. 3355—127
(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.—
H. R. 3355—128
(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
H. R. 3355—129
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)’’.
H. R. 3355—130
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;
H. R. 3355—131
‘‘(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.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
2261.
2262.
2263.
2264.
2265.
2266.
Interstate domestic violence.
Interstate violation of protection order.
Pretrial release of defendant.
Restitution.
Full faith and credit given to protection orders.
Definitions.
‘‘§ 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,
H. R. 3355—132
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.
‘‘§ 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
H. R. 3355—133
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.
‘‘§ 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.
‘‘§ 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.
H. R. 3355—134
‘‘(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 willful-
H. R. 3355—135
ness 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.
‘‘§ 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
H. R. 3355—136
‘‘(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.
‘‘§ 2266. Definitions
‘‘In this chapter—
‘‘ ‘bodily injury’ means any act, except one done in selfdefense, 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.’’.
H. R. 3355—137
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
H. R. 3355—138
‘‘(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
H. R. 3355—139
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
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
2101.
2102.
2103.
2104.
2105.
TO
ENCOURAGE ARREST POLICIES
Grants.
Applications.
Reports.
Regulations or guidelines.
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.’’.
H. R. 3355—140
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;
H. R. 3355—141
‘‘(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;
H. R. 3355—142
‘‘(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—
H. R. 3355—143
(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
H. R. 3355—144
(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
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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
ENFORCEMENT ASSISTANCE.
AND
CHILD
ABUSE
(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.
H. R. 3355—146
(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 dem-
H. R. 3355—147
onstrated, 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
H. R. 3355—148
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, posttraumatic 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
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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;
H. R. 3355—150
(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
H. R. 3355—151
(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).
H. R. 3355—152
(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
SUSPENSION OF FEDERAL BENEFITS.
THROUGH
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
H. R. 3355—153
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;
H. R. 3355—154
(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
H. R. 3355—155
(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—
H. R. 3355—156
‘‘(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—
H. R. 3355—157
(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—
H. R. 3355—158
(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
H. R. 3355—159
‘‘(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).’’.
H. R. 3355—160
(d) EFFECTIVE DATE.—The amendments made by this section
shall take effect January 1, 1995.
SEC. 40702. USE OF CREDIBLE
APPLICATIONS.
EVIDENCE
IN
SPOUSAL
WAIVER
(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:
H. R. 3355—161
‘‘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.
H. R. 3355—162
‘‘(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.
H. R. 3355—163
‘‘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.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
2201.
2202.
2203.
2204.
2205.
2206.
2207.
2208.
2209.
Grant authority.
Prohibition of participation by violent offenders.
Definition.
Administration.
Applications.
Federal share.
Geographic distribution.
Report.
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—
‘‘(A) $100,000,000 for fiscal year 1995;
‘‘(B) $150,000,000 for fiscal year 1996;
‘‘(C) $150,000,000 for fiscal year 1997;
‘‘(D) $200,000,000 for fiscal year 1998;
‘‘(E) $200,000,000 for fiscal year 1999; and
‘‘(F) $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
H. R. 3355—164
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.
‘‘§ 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—
H. R. 3355—165
‘‘(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.
‘‘§ 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
H. R. 3355—166
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
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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 Presidentelect, 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;
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‘‘(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.
H. R. 3355—169
‘‘(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.
‘‘§ 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;
H. R. 3355—170
‘‘(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
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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.
‘‘§ 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.
H. R. 3355—172
‘‘§ 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.
‘‘§ 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
H. R. 3355—173
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.
‘‘§ 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.
‘‘§ 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
H. R. 3355—174
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 largescale 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:
H. R. 3355—175
‘‘(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:
‘‘§ 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
H. R. 3355—176
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 ‘‘DriveBy 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:
‘‘§ 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.’’.
H. R. 3355—177
(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:
‘‘§ 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:
‘‘§ 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.’’.
H. R. 3355—178
(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:
‘‘§ 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
H. R. 3355—179
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:
‘‘§ 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—
H. R. 3355—180
‘‘(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:
‘‘§ 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;
H. R. 3355—181
‘‘(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
H. R. 3355—182
‘‘(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.
‘‘§ 2281. Violence against maritime fixed platforms
‘‘(a) OFFENSES.—
‘‘(1) IN GENERAL.—A person who unlawfully and intentionally—
H. R. 3355—183
‘‘(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—
H. R. 3355—184
‘‘ ‘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:
‘‘§ 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
H. R. 3355—185
‘‘(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 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)).
(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:
‘‘§ 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,
H. R. 3355—186
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
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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.
H. R. 3355—188
‘‘(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
H. R. 3355—189
‘‘(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—
H. R. 3355—190
(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
H. R. 3355—191
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,’’;
H. R. 3355—192
(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 ‘‘DRUGFREE’’ 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
H. R. 3355—193
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
H. R. 3355—194
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.—
H. R. 3355—195
(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);
H. R. 3355—196
(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—
H. R. 3355—197
(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
H. R. 3355—198
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
H. R. 3355—199
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:
H. R. 3355—200
‘‘(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.
H. R. 3355—201
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.
H. R. 3355—202
‘‘(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;
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‘‘(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
DEVICES.
CAPACITY
AMMUNITION
FEEDING
(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:
H. R. 3355—204
‘‘(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
H. R. 3355—205
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
H. R. 3355—206
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
H. R. 3355—207
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
H. R. 3355—208
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
H. R. 3355—209
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
H. R. 3355—210
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
H. R. 3355—211
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
H. R. 3355—212
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
American
American
American
American
American
American
American
Shotguns—Over/Unders
Arms/Franchi Falconet 2000 O/U
Arms Silver I O/U
Arms Silver II Shotgun
Arms Silver Skeet O/U
Arms/Franchi Sporting 2000 O/U
Arms Silver Sporting O/U
Arms Silver Trap O/U
H. R. 3355—213
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
H. R. 3355—214
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
H. R. 3355—215
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
H. R. 3355—216
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
H. R. 3355—217
‘‘(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.’’.
H. R. 3355—218
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
H. R. 3355—219
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:
H. R. 3355—220
‘‘(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
H. R. 3355—221
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
H. R. 3355—222
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
H. R. 3355—223
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.’’.
H. R. 3355—224
SEC. 110511. 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.’’.
H. R. 3355—225
(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,
H. R. 3355—226
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:
‘‘§ 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:
‘‘§ 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,
H. R. 3355—227
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:
‘‘§ 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.
H. R. 3355—228
‘‘(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.
H. R. 3355—229
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
H. R. 3355—230
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—
H. R. 3355—231
‘‘(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.—
H. R. 3355—232
‘‘(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—
H. R. 3355—233
(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
APPLICANTS.
FOR
DENIED
ASYLUM
(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; and
H. R. 3355—234
(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.
H. R. 3355—235
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:
‘‘§ 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
H. R. 3355—236
(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’’.
H. R. 3355—237
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
COMMITTED BY JUVENILES.
RECORDS
OF
CRIMES
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.’’.
H. R. 3355—238
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:
H. R. 3355—239
‘‘CHAPTER 26—CRIMINAL STREET GANGS
‘‘§ 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).’’.
H. R. 3355—240
(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 .....................................................................................
SEC. 150002. ADULT
PROSECUTION
OFFENDERS.
OF
SERIOUS
521’’.
JUVENILE
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
OBJECTIVE.
ANTI-GANG
BYRNE
GRANT
FUNDING
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. 150006. 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. 150007. 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.
H. R. 3355—241
SEC. 150008. 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. 150009. 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
CHILD PORNOGRAPHY.
TRAFFICKING
IN
(a) IMPORT RELATED OFFENSE.—Chapter 110 of title 18, United
States Code, is amended by adding at the end the following new
section:
‘‘§ 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
H. R. 3355—242
‘‘(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
H. R. 3355—243
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
H. R. 3355—244
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.—
H. R. 3355—245
(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.
H. R. 3355—246
(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.
(d) RELEASE OF INFORMATION.—The information collected under
a State registration program shall be treated as private data expect
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
H. R. 3355—247
(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.—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’’.
H. R. 3355—248
(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
H. R. 3355—249
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
H. R. 3355—250
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. § 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—
H. R. 3355—251
(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—
H. R. 3355—252
‘‘(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;
H. R. 3355—253
(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.
H. R. 3355—254
(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
H. R. 3355—255
(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,
H. R. 3355—256
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 com-
H. R. 3355—257
pleted 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;
H. R. 3355—258
(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).
H. R. 3355—259
(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,
H. R. 3355—260
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
H. R. 3355—261
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
H. R. 3355—262
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 to carry out this subtitle $20,000 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.
H. R. 3355—263
‘‘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.
H. R. 3355—264
(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;
H. R. 3355—265
(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
H. R. 3355—266
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;
H. R. 3355—267
(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 enforcementrelated 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.
H. R. 3355—268
‘‘(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
H. R. 3355—269
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:
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
2301.
2302.
2303.
2304.
2305.
2306.
2307.
2308.
‘‘PART W—FAMILY SUPPORT
Duties.
General authorization.
Uses of funds.
Applications.
Award of grants; limitation.
Discretionary research grants.
Reports.
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;
H. R. 3355—270
‘‘(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.’’.
H. R. 3355—271
(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
H. R. 3355—272
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),
H. R. 3355—273
is amended by striking the matter relating to part X and
inserting the following:
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
2401.
2402.
2403.
2404.
2405.
2406.
2407.
‘‘PART X—DNA IDENTIFICATION GRANTS
Grant authorization.
Applications.
Application requirements.
Administrative provisions.
Restrictions on use of funds.
Reports.
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.
H. R. 3355—274
(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.
H. R. 3355—275
(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;
H. R. 3355—276
(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.
H. R. 3355—277
(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
H. R. 3355—278
(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
H. R. 3355—279
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
H. R. 3355—280
(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
H. R. 3355—281
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,
H. R. 3355—282
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:
‘‘§ 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
H. R. 3355—283
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
H. R. 3355—284
(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’’.
H. R. 3355—285
(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.
H. R. 3355—286
(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’’.
H. R. 3355—287
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.
‘‘§ 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 takes orders
without further solicitation.
‘‘§ 2326. Enhanced penalties
‘‘A person who is convicted of an offense under section 1028,
1029, 1341, 1342, 1343, or 1344 in connection with the conduct
of telemarketing—
‘‘(1) may be imprisoned for a term of up to 5 years in
addition to any term of imprisonment imposed under any of
those sections, respectively; and
‘‘(2) in the case of an offense under any of those sections
that—
‘‘(A) victimized ten or more persons over the age of
55; or
‘‘(B) targeted persons over the age of 55,
may be imprisoned for a term of up to 10 years in addition
to any term of imprisonment imposed under any of those sections, respectively.
‘‘§ 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.—
H. R. 3355—288
‘‘(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.
H. R. 3355—289
‘‘(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.
H. R. 3355—290
‘‘(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.
H. R. 3355—291
(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;
H. R. 3355—292
(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.’’.
H. R. 3355—293
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.
H. R. 3355—294
‘‘(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:
H. R. 3355—295
(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 enforcement, 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
H. R. 3355—296
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.
H. R. 3355—297
(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.
H. R. 3355—298
(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.
H. R. 3355—299
(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
H. R. 3355—300
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—
H. R. 3355—301
‘‘(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
SENTENCING COMMISSION.
THE
UNITED
STATES
(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
H. R. 3355—302
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
H. R. 3355—303
‘‘(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.’’.
H. R. 3355—304
(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
‘‘§ 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
H. R. 3355—305
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.
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‘‘(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.
‘‘§ 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.
‘‘§ 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.
‘‘§ 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;
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‘‘(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.
‘‘§ 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).
H. R. 3355—308
(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:
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‘‘(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
H. R. 3355—310
(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
H. R. 3355—311
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);
H. R. 3355—312
(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;
H. R. 3355—313
(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
H. R. 3355—314
(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’’;
H. R. 3355—315
(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’’.
H. R. 3355—316
(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
H. R. 3355—317
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.—
H. R. 3355—318
(1) IN GENERAL.—Chapter 83 of title 18, United States
Code, is amended by inserting after section 1716C the following
new section:
‘‘§ 1716D. Nonmailable injurious animals, plant pests, 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’’.
H. R. 3355—319
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
CONTRACTING EXPENSES.
ADMINISTRATIVE
AND
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
H. R. 3355—320
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:
‘‘§ 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:
H. R. 3355—321
‘‘§ 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
H. R. 3355—322
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;
H. R. 3355—323
‘‘(C) all commerce between points within the same
State through any place outside such State; or
‘‘(D) all other commerce over which the United States
has jurisdiction; and
‘‘(4) the term ‘State’ includes any State, the District of
Columbia, the Commonwealth of Puerto Rico, the Northern
Mariana Islands, the Virgin Islands, American Samoa, and
the Trust Territory of the Pacific Islands.
‘‘§ 1034. Civil 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’’.
H. R. 3355—324
(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—
H. R. 3355—325
‘‘(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:
H. R. 3355—326
‘‘(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.
H. R. 3355—327
(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—
H. R. 3355—328
(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:
‘‘§ 668. Theft of major artwork
‘‘(a) DEFINITIONS.—In this section—
H. R. 3355—329
‘‘ ‘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:
‘‘§ 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)’’.
H. R. 3355—330
(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 meas-
H. R. 3355—331
ures 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 OUTOF-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-ofwedlock 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 outof-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.
H. R. 3355—332
SEC. 320909. OPTIONAL VENUE
OFFENSES.
FOR
ESPIONAGE
AND
RELATED
(a) IN GENERAL.—Chapter 211 of title 18, United States Code,
is amended by inserting after section 3238 the following new section:
‘‘§ 3239. Optional venue for 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:
‘‘§ 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:
H. R. 3355—333
‘‘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:
‘‘§ 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
H. R. 3355—334
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:
‘‘§ 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.
H. R. 3355—335
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
REHABILITATION PROGRAM.
VIOLENCE
OFFENDER
(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
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.’’.
(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
H. R. 3355—336
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 halfstaff 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 halfstaff 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 provid-
H. R. 3355—337
er’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
H. R. 3355—338
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 paragraphs (6), (7), (8), and (9) as
paragraphs (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—
H. R. 3355—339
‘‘(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
H. R. 3355—340
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 Commission 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:
H. R. 3355—341
‘‘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 paragraphs (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;
H. R. 3355—342
‘‘(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 amendment 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.
H. R. 3355—343
TITLE XXXIII—TECHNICAL
CORRECTIONS
SEC. 330001. AMENDMENTS RELATING TO FEDERAL
ASSISTANCE FOR LAW ENFORCEMENT.
FINANCIAL
(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
H. R. 3355—344
(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’’;
H. R. 3355—345
(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
H. R. 3355—346
(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 SUBSTANCES ACT.—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. § 3144’’ and inserting
‘‘18 U.S.C. § 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;
H. R. 3355—347
(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;
H. R. 3355—348
(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:
‘‘§ 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
H. R. 3355—349
(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’’.
H. R. 3355—350
(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—
H. R. 3355—351
(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’’;
H. R. 3355—352
(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’’;
H. R. 3355—353
(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’’.
H. R. 3355—354
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 AnnunzioWylie 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:
‘‘§ 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.
H. R. 3355—355
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:
‘‘§ 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.
H. R. 3355—356
(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’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
| File Type | application/pdf |
| File Modified | 2010-03-10 |
| File Created | 0000-00-00 |