- About
The Immigration Justice Campaign
A joint initiative between the American Immigration Council and AILA seeks to change the playing field for immigrants facing deportation.
- Membership
Eligible to Join AILA?
Apply Today - Advocacy
and MediaThe First 100 Days of the Biden Administration
AILA provides a series of 12 charts comparing President Biden’s accomplishments 100 days after entering office with the comprehensive recommendations AILA presented to the president.
View All - AILA U and
Conferences - Publications
And Videos - Law
Practice
The AILA Career Center offers more than access to the best possible industry candidates.
- InfoNet
Research LibraryAILALink
AILALink puts an entire immigration law library at your fingertips! Search the AILALink database for all your practice needs—statutes, regs, case law, agency guidance, publications, and more.
- Recent
Postings
P.L. 103-322
AILA Doc. No. 95091358 | Dated September 13, 1994
--H.R.3355--
H.R.3355
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
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
- 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
TITLE II--PRISONS
Subtitle A--Violent Offender Incarceration and Truth in Sentencing Incentive Grants
Subtitle B--Punishment for Young Offenders
Subtitle C--Alien Incarceration
Subtitle D--Miscellaneous Provisions
TITLE III--CRIME PREVENTION
Subtitle A--Ounce of Prevention Council
Subtitle B--Local Crime Prevention Block Grant Program
Subtitle C--Model Intensive Grant Programs
- Sec. 30302. Uses of funds.
Subtitle D--Family and Community Endeavor Schools Grant Program
Subtitle G--Assistance for Delinquent and At-Risk Youth
Subtitle H--Police Recruitment
Subtitle J--Local Partnership Act
Subtitle K--National Community Economic Partnership
Chapter 1--Community Economic Partnership Investment Funds
Chapter 2--Emerging Community Development Corporations
Chapter 3--Miscellaneous Provisions
Subtitle O--Urban Recreation and At-Risk Youth
Subtitle Q--Community-Based Justice Grants for Prosecutors
Subtitle S--Family Unity Demonstration Project
Chapter 1--Grants To States
Chapter 2--Family Unity Demonstration Project for Federal Prisoners
Subtitle T--Substance Abuse Treatment in Federal Prisons
Subtitle U--Residential Substance Abuse Treatment for State Prisoners
Subtitle V--Prevention, Diagnosis, and Treatment of Tuberculosis in Correctional Institutions
Subtitle X--Gang Resistance Education and Training
TITLE IV--VIOLENCE AGAINST WOMEN
Subtitle A--Safe Streets for Women
Chapter 1--Federal Penalties for Sex Crimes
Chapter 2--Law Enforcement and Prosecution Grants To Reduce Violent Crimes Against Women
Chapter 3--Safety for Women in Public Transit and Public Parks
Chapter 4--New Evidentiary Rules
Chapter 5--Assistance to Victims of Sexual Assault
Subtitle B--Safe Homes for Women
Chapter 1--National Domestic Violence Hotline
Chapter 2--Interstate Enforcement
Chapter 3--Arrest Policies in Domestic Violence Cases
Chapter 4--Shelter Grants
Chapter 5--Youth Education
Chapter 6--Community Programs on Domestic Violence
Chapter 7--Family Violence Prevention and Services Act Amendments
Chapter 8--Confidentiality for Abused Persons
Chapter 9--Data and Research
Chapter 10--Rural Domestic Violence and Child Abuse Enforcement
Subtitle C--Civil Rights for Women
Subtitle D--Equal Justice for Women in the Courts Act
Chapter 1--Education and Training for Judges and Court Personnel in State Courts
Chapter 2--Education and Training for Judges and Court Personnel in Federal Courts
Subtitle E--Violence Against Women Act Improvements
Subtitle F--National Stalker and Domestic Violence Reduction
Subtitle G--Protections for Battered Immigrant Women and Children
TITLE V--DRUG COURTS
TITLE VI--DEATH PENALTY
TITLE VII--MANDATORY LIFE IMPRISONMENT FOR PERSONS CONVICTED OF CERTAIN FELONIES
TITLE VIII--APPLICABILITY OF MANDATORY MINIMUM PENALTIES IN CERTAIN CASES
TITLE IX--DRUG CONTROL
Subtitle A--Enhanced Penalties and General Provisions
Subtitle B--National Narcotics Leadership Act Amendments
TITLE X--DRUNK DRIVING PROVISIONS
Sec. 100001. Short title.
Sec. 100002. State laws applied in areas of Federal jurisdiction.
Sec. 100003. Driving while intoxicated prosecution program.
TITLE XI--FIREARMS
Subtitle A--Assault Weapons
Sec. 110101. Short title.
Sec. 110102. Restriction on manufacture, transfer, and possession of certain semiautomatic assault weapons.
Sec. 110103. Ban of large capacity ammunition feeding devices.
Sec. 110104. Study by Attorney General.
Sec. 110105. Effective date.
Sec. 110106. Appendix A to section 922 of title 18.
Subtitle B--Youth Handgun Safety
Sec. 110201. Prohibition of the possession of a handgun or ammunition by, or the private transfer of a handgun or ammunition to, a juvenile.
Subtitle C--Licensure
Sec. 110301. Firearms licensure and registration to require a photograph and fingerprints.
Sec. 110302. Compliance with State and local law as a condition to license.
Sec. 110303. Action on firearms license application.
Sec. 110304. Inspection of firearms licensees' inventory and records.
Sec. 110305. Reports of theft or loss of firearms.
Sec. 110306. Responses to requests for information.
Sec. 110307. Notification of names and addresses of firearms licensees.
Subtitle D--Domestic Violence
Sec. 110401. Prohibition against disposal of firearms to, or receipt of firearms by, persons who have committed domestic abuse.
Subtitle E--Gun Crime Penalties
Sec. 110501. Enhanced penalty for use of a semiautomatic firearm during a crime of violence or a drug trafficking crime.
Sec. 110502. Enhanced penalty for second offense of using an explosive to commit a felony.
Sec. 110503. Smuggling firearms in aid of drug trafficking.
Sec. 110504. Theft of firearms and explosives.
Sec. 110505. Revocation of supervised release after imprisonment.
Sec. 110506. Revocation of probation.
Sec. 110507. Increased penalty for knowingly making false, material Statement in connection with the acquisition of a firearm from a licensed dealer.
Sec. 110508. Possession of explosives by felons and others.
Sec. 110509. Summary destruction of explosives subject to forfeiture.
Sec. 110510. Elimination of outmoded language relating to parole.
Sec. 110511. Prohibition against transactions involving stolen firearms which have moved in interstate or foreign commerce.
Sec. 110512. Using a firearm in the commission of counterfeiting or forgery.
Sec. 110513. Enhanced penalties for firearms possession by violent felons and serious drug offenders.
Sec. 110514. Receipt of firearms by nonresident.
Sec. 110515. Theft of firearms or explosives from licensee.
Sec. 110516. Disposing of explosives to prohibited persons.
Sec. 110517. Increased penalty for interstate gun trafficking.
Sec. 110518. Firearms and explosives conspiracy.
Sec. 110519. Definition of armor piercing ammunition.
TITLE XII--TERRORISM
Sec. 120001. Extension of the statute of limitation for certain terrorism offenses.
Sec. 120002. Jurisdiction over crimes against United States nationals on certain foreign ships.
Sec. 120003. Counterfeiting United States currency abroad.
Sec. 120004. Sentencing guidelines increase for terrorist crimes.
Sec. 120005. Providing material support to terrorists.
TITLE XIII--CRIMINAL ALIENS AND IMMIGRATION ENFORCEMENT
Sec. 130001. Enhancement of penalties for failing to depart, or reentering, after final order of deportation.
Sec. 130002. Criminal alien tracking center.
Sec. 130003. Alien witness cooperation and counterterrorism information.
Sec. 130004. Deportation procedures for certain criminal aliens who are not permanent residents.
Sec. 130005. Expeditious deportation for denied asylum applicants.
Sec. 130006. Improving border controls.
Sec. 130007. Expanded special deportation proceedings.
Sec. 130008. Authority to accept certain assistance.
Sec. 130009. Passport and visa offenses penalties improvement.
Sec. 130010. Asylum.
TITLE XIV--YOUTH VIOLENCE
Sec. 140001. Prosecution as adults of certain juveniles for crimes of violence.
Sec. 140002. Commencement of juvenile proceeding.
Sec. 140003. Separation of juvenile from adult offenders.
Sec. 140004. Bindover system for certain violent juveniles
Sec. 140005. Amendment concerning records of crimes committed by juveniles.
Sec. 140006. Increased penalties for employing children to distribute drugs near schools and playgrounds.
Sec. 140007. Increased penalties for Travel Act crimes involving violence and conspiracy to commit contract killings.
Sec. 140008. Solicitation of minor to commit crime.
TITLE XV--CRIMINAL STREET GANGS
Sec. 150001. Criminal street gangs.
Sec. 150002. Adult prosecution of serious juvenile offenders.
Sec. 150003. Addition of anti-gang Byrne grant funding objective.
Sec. 150006. Mentoring program.
Sec. 150007. Juvenile anti-drug and anti-gang grants in federally assisted low-income housing.
Sec. 150008. Gang investigation coordination and information collection.
Sec. 150009. Multijurisdictional gang task forces.
TITLE XVI--CHILD PORNOGRAPHY
Sec. 160001. Penalties for international trafficking in child pornography.
Sec. 160002. Sense of Congress concerning State legislation regarding child pornography.
Sec. 160003. Confirmation of intent of Congress in enacting sections 2252 and 2256 of title 18, United States Code.
TITLE XVII--CRIMES AGAINST CHILDREN
Subtitle A--Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act
Sec. 170101. Establishment of program.
Subtitle B--Assaults Against Children
Sec. 170201. Assaults against children.
Subtitle C--Missing and Exploited Children
Sec. 170301. Short title.
Sec. 170302. Purpose.
Sec. 170303. Establishment of task force.
TITLE XVIII--RURAL CRIME
Subtitle A--Drug Trafficking in Rural Areas
Sec. 180101. Authorizations for rural law enforcement agencies.
Sec. 180102. Rural crime and drug enforcement task forces.
Sec. 180103. Rural drug enforcement training.
Sec. 180104. More agents for the Drug Enforcement Administration.
Subtitle B--Drug Free Truck Stops and Safety Rest Areas
Sec. 180201. Drug free truck stops and safety rest areas.
Subtitle C--Sense of Congress Regarding Funding for Rural Areas
Sec. 180301. Funding for rural areas.
TITLE XIX--FEDERAL LAW ENFORCEMENT
Sec. 190001. Federal judiciary and Federal law enforcement.
TITLE XX--POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING AND EDUCATION
Subtitle A--Police Corps
Sec. 200101. Short title.
Sec. 200102. Purposes.
Sec. 200103. Definitions.
Sec. 200104. Establishment of office of the police corps and law enforcement education.
Sec. 200105. Designation of lead agency and submission of State plan.
Sec. 200106. Scholarship assistance.
Sec. 200107. Selection of participants.
Sec. 200108. Police corps training.
Sec. 200109. Service obligation.
Sec. 200110. State plan requirements.
Sec. 200111. Assistance to States and localities employing police corps officers.
Sec. 200112. Authorization of appropriations.
Sec. 200113. Reports to congress.
Subtitle B--Law Enforcement Scholarship Program
Sec. 200201. Short title.
Sec. 200202. Definitions.
Sec. 200203. Allotment.
Sec. 200204. Establishment of program.
Sec. 200205. Scholarships.
Sec. 200206. Eligibility.
Sec. 200207. State application.
Sec. 200208. Local application.
Sec. 200209. Scholarship agreement.
Sec. 200210. Authorization of appropriations.
TITLE XXI--STATE AND LOCAL LAW ENFORCEMENT
Subtitle A--Byrne Program
Sec. 210101. Extension of Byrne Grant funding.
Subtitle B--Law Enforcement Family Support
Sec. 210201. Law enforcement family support.
Subtitle C--DNA Identification
Sec. 210301. Short title.
Sec. 210302. Funding to improve the quality and availability of DNA analyses for law enforcement identification purposes.
Sec. 210303. Quality assurance and proficiency testing standards.
Sec. 210304. Index to facilitate law enforcement exchange of DNA identification information.
Sec. 210305. Federal Bureau of Investigation.
Sec. 210306. Authorization of appropriations.
Subtitle D--Police Pattern or Practice
Sec. 210401. Cause of action.
Sec. 210402. Data on use of excessive force.
Subtitle E--Improved Training and Technical Automation
Sec. 210501. Improved training and technical automation.
Subtitle F--Other State and Local Aid
Sec. 210601. Reauthorization of Office of Justice Programs.
Sec. 210602. Federal assistance to ease the increased burdens on State court systems resulting from enactment of this Act.
Sec. 210603. Availability of violent crime reduction trust fund to fund activities authorized by the Brady Handgun Violence Prevention Act and the National Child Protection Act of 1993.
TITLE XXII--MOTOR VEHICLE THEFT PREVENTION
Sec. 220001. Short title.
Sec. 220002. Motor vehicle theft prevention program.
Sec. 220003. Altering or removing motor vehicle identification numbers.
TITLE XXIII--VICTIMS OF CRIME
Subtitle A--Victims of Crime
Sec. 230101. Victim's right of allocution in sentencing.
Sec. 230102. Sense of the Senate concerning the right of a victim of a violent crime or sexual abuse to speak at an offender's sentencing hearing and any parole hearing.
Subtitle B--Crime Victims' Fund
Sec. 230201. Allocation of funds for costs and grants.
Sec. 230202. Relationship of crime victim compensation to certain Federal programs.
Sec. 230203. Administrative costs for crime victim compensation.
Sec. 230204. Grants for demonstration projects.
Sec. 230205. Administrative costs for crime victim assistance.
Sec. 230206. Maintenance of effort.
Sec. 230207. Change of due date for required report.
Sec. 230208. Amendment of the Victims of Crime Act.
TITLE XXIV--PROTECTIONS FOR THE ELDERLY
Sec. 240001. Missing Alzheimer's Disease Patient Alert Program.
Sec. 240002. Crimes against the elderly.
TITLE XXV--SENIOR CITIZENS AGAINST MARKETING SCAMS
Sec. 250001. Short title.
Sec. 250002. Enhanced penalties for telemarketing fraud.
Sec. 250003. Increased penalties for fraud against older victims.
Sec. 250004. Rewards for information leading to prosecution and conviction.
Sec. 250005. Authorization of appropriations.
Sec. 250006. Broadening application of mail fraud statute.
Sec. 250007. Fraud and related activity in connection with access devices.
Sec. 250008. Information network.
TITLE XXVI--COMMISSION MEMBERSHIP AND APPOINTMENT
Sec. 260001. Commission membership and appointment.
Sec. 260002. Conforming amendment.
TITLE XXVII--PRESIDENTIAL SUMMIT ON VIOLENCE AND NATIONAL COMMISSION ON CRIME PREVENTION AND CONTROL
Sec. 270001. Presidential summit.
Sec. 270002. Establishment; committees and task forces; representation.
Sec. 270003. Purposes.
Sec. 270004. Responsibilities of the Commission.
Sec. 270005. Administrative matters.
Sec. 270006. Staff and support services.
Sec. 270007. Powers.
Sec. 270008. Report; termination.
Sec. 270009. Authorization of appropriations.
TITLE XXVIII--SENTENCING PROVISIONS
Sec. 280001. Imposition of sentence.
Sec. 280002. Technical amendment to mandatory conditions of probation.
Sec. 280003. Direction to United States Sentencing Commission regarding sentencing enhancements for hate crimes.
Sec. 280004. Authorization of probation for petty offenses in certain cases.
Sec. 280005. Full-time vice chairs of the United States Sentencing Commission.
Sec. 280006. Cocaine penalty study.
TITLE XXIX--COMPUTER CRIME
Sec. 290001. Computer Abuse Amendments Act of 1994.
TITLE XXX--PROTECTION OF PRIVACY OF INFORMATION IN STATE MOTOR VEHICLE RECORDS
Sec. 300001. Short title.
Sec. 300002. Prohibition on release and use of certain personal information from State motor vehicle records.
Sec. 300003. Effective date.
TITLE XXXI--VIOLENT CRIME REDUCTION TRUST FUND
Sec. 310001. Creation of Violent Crime Reduction Trust Fund.
Sec. 310002. Conforming reduction in discretionary spending limits.
Sec. 310003. Extension of authorizations of appropriations for fiscal years for which the full amount authorized is not appropriated.
Sec. 310004. Flexibility in making of appropriations.
TITLE XXXII--MISCELLANEOUS
Subtitle A--Increases in Penalties
Sec. 320101. Increased penalties for assault.
Sec. 320102. Increased penalties for manslaughter.
Sec. 320103. Increased penalties for civil rights violations.
Sec. 320104. Penalties for trafficking in counterfeit goods and services.
Sec. 320105. Increased penalty for conspiracy to commit murder for hire.
Sec. 320106. Increased penalties for arson.
Sec. 320107. Increased penalties for drug trafficking near public housing.
Sec. 320108. Task force and criminal penalties relating to the introduction of nonindigenous species.
Sec. 320109. Military medals and decorations.
Subtitle B--Extension of Protection of Civil Rights Statutes
Sec. 320201. Extension of protection of civil rights statutes.
Subtitle C--Audit and Report
Sec. 320301. Audit requirement for State and local law enforcement agencies receiving Federal asset forfeiture funds.
Sec. 320302. Report to Congress on administrative and contracting expenses.
Subtitle D--Coordination
Sec. 320401. Coordination of substance abuse treatment and prevention programs.
Subtitle E--Gambling
Sec. 320501. Clarifying amendment regarding scope of prohibition against gambling on ships in international waters.
Subtitle F--White Collar Crime Amendments
Sec. 320601. Receiving the proceeds of extortion or kidnapping.
Sec. 320602. Receiving the proceeds of a postal robbery.
Sec. 320603. Crimes by or affecting persons engaged in the business of insurance whose activities affect interstate commerce.
Sec. 320604. Miscellaneous amendments to title 18, United States Code.
Sec. 320605. Federal Deposit Insurance Act amendment.
Sec. 320606. Federal Credit Union Act amendments.
Sec. 320607. Addition of predicate offenses to financial institutions rewards statute.
Sec. 320608. Definition of `savings and loan association' for purposes of the offense of bank robbery and related offenses.
Sec. 320609. Definition of 1-year period for purposes of the offense of obstruction of a Federal audit.
Subtitle G--Safer Streets and Neighborhoods
Sec. 320701. Short title.
Sec. 320702. Limitation on grant distribution.
Subtitle H--Recreational Hunting Safety
Sec. 320801. Short title.
Sec. 320802. Obstruction of a lawful hunt.
Sec. 320803. Civil penalties.
Sec. 320804. Other relief.
Sec. 320805. Relationship to State and local law and civil actions.
Sec. 320806. Regulations.
Sec. 320807. Rule of construction.
Sec. 320808. Definitions.
Subtitle I--Other Provisions
Sec. 320901. Wiretaps.
Sec. 320902. Theft of major artwork.
Sec. 320903. Addition of attempted robbery, kidnapping, smuggling, and property damage offenses to eliminate inconsistencies and gaps in coverage.
Sec. 320904. Gun-free school zones.
Sec. 320905. Interstate wagering.
Sec. 320906. Sense of Congress with respect to violence against truckers.
Sec. 320907. Sense of the Senate regarding a study on out-of-wedlock births.
Sec. 320908. Sense of the Senate regarding the role of the United Nations in international organized crime control.
Sec. 320909. Optional venue for espionage and related offenses.
Sec. 320910. Undercover operations.
Sec. 320911. Misuse of initials `DEA'.
Sec. 320912. Definition of livestock.
Sec. 320913. Asset forfeiture.
Sec. 320914. Clarification of definition of a `court of the United States' to include the district courts for Guam, the Northern Mariana Islands, and the Virgin Islands.
Sec. 320915. Law enforcement personnel.
Sec. 320916. Authority to investigate violent crimes against travelers.
Sec. 320917. Extension of statute of limitations for arson.
Sec. 320918. Sense of Congress concerning child custody and visitation rights.
Sec. 320919. Edward Byrne Memorial Formula Grant Program.
Sec. 320920. Sense of the Senate regarding Law Day, U.S.A.
Sec. 320921. First time domestic violence offender rehabilitation program.
Sec. 320922. Display of flags at halfstaff.
Sec. 320923. Financial institution fraud.
Sec. 320924. Definition of parent for the purposes of the offense of kidnapping.
Sec. 320926. Hate Crime Statistics Act.
Sec. 320927. Exemption from Brady background check requirement of return of handgun to owner.
Sec. 320928. Amendment of the National Child Protection Act of 1993.
Sec. 320929. Tennessee Valley Authority law enforcement personnel.
Sec. 320932. Assistant United States attorney residency.
Sec. 320933. Labels on products.
Sec. 320934. Non-dischargeability of payment of restitution order.
Sec. 320935. 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.
Sec. 330005. Correction of drafting error in the Foreign Corrupt Practices Act.
Sec. 330006. Elimination of redundant penalty provision in 18 U.S.C. 1116.
Sec. 330007. Elimination of redundant penalty.
Sec. 330008. Corrections of misspellings and grammatical errors.
Sec. 330009. Other technical amendments.
Sec. 330010. Correction of errors found during codification.
Sec. 330011. Problems related to execution of prior amendments.
Sec. 330012. Amendment to section 1956 of title 18 to eliminate duplicate predicate crimes.
Sec. 330013. Amendments to part V of title 18.
Sec. 330014. Update of cross reference.
Sec. 330015. Correction of error in amendatory language.
Sec. 330016. Correction of misleading and outmoded fine amounts in offenses under title 18.
Sec. 330017. Technical corrections to title 31 crimes.
Sec. 330018. Repeal of superfluous statute of limitation and transfer of child abuse statute of limitation.
Sec. 330019. Technical errors in section 1956.
Sec. 330020. Technical error.
Sec. 330021. Conforming spelling of variants of `kidnap'.
Sec. 330022. Margin error.
Sec. 330023. Technical corrections relating to section 248 of title 18, United States Code.
Sec. 330024. Technical amendments necessitated by the enactment of the Domestic Chemical Diversion Control Act of 1993.
Sec. 330025. Victims of Crime Act.
TITLE I--PUBLIC SAFETY AND POLICING
SEC. 10001. SHORT TITLE.
- This title may be cited as the `Public Safety Partnership and Community Policing Act of 1994'.
SEC. 10002. PURPOSES.
- The purposes of this title are to--
- (1) substantially increase the number of law enforcement
officers interacting directly with members of the community (`cops on
the beat');
- (2) provide additional and more effective training to law
enforcement officers to enhance their problem solving, service, and
other skills needed in interacting with members of the community;
- (3) encourage the development and implementation of
innovative programs to permit members of the community to assist State,
Indian tribal government, and local law enforcement agencies in the
prevention of crime in the community; and
- (4) encourage the development of new technologies to
assist State, Indian tribal government, and local law enforcement
agencies in reorienting the emphasis of their activities from reacting
to crime to preventing crime,
- by establishing a program of grants and assistance in
furtherance of these objectives, including the authorization for a
period of 6 years of grants for the hiring and rehiring of additional
career law enforcement officers.
SEC. 10003. COMMUNITY POLICING; `COPS ON THE BEAT'.
- (a) IN GENERAL- Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended--
- (1) by redesignating part Q as part R;
- (2) by redesignating section 1701 as section 1801; and
- (3) by inserting after part P the following new part:
`PART Q--PUBLIC SAFETY AND COMMUNITY POLICING; `COPS ON THE BEAT'
`SEC. 1701. AUTHORITY TO MAKE PUBLIC SAFETY AND COMMUNITY POLICING GRANTS.
- `(a) GRANT AUTHORIZATION- The Attorney General may make grants
to States, units of local government, Indian tribal governments, other
public and private entities, and multi-jurisdictional or regional
consortia thereof to increase police presence, to expand and improve
cooperative efforts between law enforcement agencies and members of the
community to address crime and disorder problems, and otherwise to
enhance public safety.
- `(b) REHIRING, HIRING, AND INITIAL REDEPLOYMENT GRANT PROJECTS-
- `(1) IN GENERAL- Grants made under subsection (a) may be used for programs, projects, and other activities to--
- `(A) rehire law enforcement officers who have been
laid off as a result of State and local budget reductions for deployment
in community-oriented policing;
- `(B) hire and train new, additional career law
enforcement officers for deployment in community-oriented policing
across the Nation; and
- `(C) procure equipment, technology, or support
systems, or pay overtime, if the applicant for such a grant demonstrates
to the satisfaction of the Attorney General that expenditures for such
purposes would result in an increase in the number of officers deployed
in community-oriented policing equal to or greater than the increase in
the number of officers that would result from a grant for a like amount
for the purposes specified in subparagraph (A) or (B).
- `(2) GRANTS FOR EQUIPMENT, TECHNOLOGY, AND SUPPORT SYSTEMS- Grants pursuant to paragraph (1)(C)--
- `(A) may not exceed--
- `(i) 20 percent of the funds available for grants pursuant to this subsection in fiscal year 1995;
- `(ii) 20 percent of the funds available for grants pursuant to this subsection in fiscal year 1996; or
- `(iii) 10 percent of the funds available for
grants pursuant to this subsection in fiscal years 1997, 1998, 1999, and
2000; and
- `(B) may not be awarded in fiscal years 1998, 1999, or
2000 unless the Attorney General has certified that grants awarded in
fiscal years 1995, 1996, and 1997 pursuant to subparagraph (1)(C) have
resulted in an increase in the number of officers deployed in
community-oriented policing equal to or greater than the increase in the
number of officers that have resulted from the grants in like amounts
awarded in fiscal years 1995, 1996, and 1997 pursuant to paragraph (1)
(A) and (B).
- `(c) TROOPS-TO-COPS PROGRAMS-
- `(1) IN GENERAL- Grants made under subsection (a) may be
used to hire former members of the Armed Forces to serve as career law
enforcement officers for deployment in community-oriented policing,
particularly in communities that are adversely affected by a recent
military base closing.
- `(2) DEFINITION- In this subsection, `former member of the
Armed Forces' means a member of the Armed Forces of the United States
who is involuntarily separated from the Armed Forces within the meaning
of section 1141 of title 10, United States Code.
- `(d) ADDITIONAL GRANT PROJECTS- Grants made under subsection (a) may include programs, projects, and other activities to--
- `(1) increase the number of law enforcement officers
involved in activities that are focused on interaction with members of
the community on proactive crime control and prevention by redeploying
officers to such activities;
- `(2) provide specialized training to law enforcement
officers to enhance their conflict resolution, mediation, problem
solving, service, and other skills needed to work in partnership with
members of the community;
- `(3) increase police participation in multidisciplinary early intervention teams;
- `(4) develop new technologies to assist State and local
law enforcement agencies in reorienting the emphasis of their activities
from reacting to crime to preventing crime;
- `(5) develop and implement innovative programs to permit
members of the community to assist State and local law enforcement
agencies in the prevention of crime in the community, such as a
citizens' police academy, including programs designed to increase the
level of access to the criminal justice system enjoyed by victims,
witnesses, and ordinary citizens by establishing decentralized satellite
offices (including video facilities) of principal criminal courts
buildings;
- `(6) establish innovative programs to reduce, and keep to a
minimum, the amount of time that law enforcement officers must be away
from the community while awaiting court appearances;
- `(7) establish and implement innovative programs to
increase and enhance proactive crime control and prevention programs
involving law enforcement officers and young persons in the community;
- `(8) develop and establish new administrative and
managerial systems to facilitate the adoption of community-oriented
policing as an organization-wide philosophy;
- `(9) establish, implement, and coordinate crime prevention
and control programs (involving law enforcement officers working with
community members) with other Federal programs that serve the community
and community members to better address the comprehensive needs of the
community and its members; and
- `(10) support the purchase by a law enforcement agency of
no more than 1 service weapon per officer, upon hiring for deployment in
community-oriented policing or, if necessary, upon existing officers'
initial redeployment to community-oriented policing.
- `(e) PREFERENTIAL CONSIDERATION OF APPLICATIONS FOR CERTAIN
GRANTS- In awarding grants under this part, the Attorney General may
give preferential consideration, where feasible, to applications for
hiring and rehiring additional career law enforcement officers that
involve a non-Federal contribution exceeding the 25 percent minimum
under subsection (i).
- `(f) TECHNICAL ASSISTANCE-
- `(1) IN GENERAL- The Attorney General may provide
technical assistance to States, units of local government, Indian tribal
governments, and to other public and private entities, in furtherance
of the purposes of the Public Safety Partnership and Community Policing
Act of 1994.
- `(2) MODEL- The technical assistance provided by the
Attorney General may include the development of a flexible model that
will define for State and local governments, and other public and
private entities, definitions and strategies associated with community
or problem-oriented policing and methodologies for its implementation.
- `(3) TRAINING CENTERS AND FACILITIES- The technical
assistance provided by the Attorney General may include the
establishment and operation of training centers or facilities, either
directly or by contracting or cooperative arrangements. The functions of
the centers or facilities established under this paragraph may include
instruction and seminars for police executives, managers, trainers,
supervisors, and such others as the Attorney General considers to be
appropriate concerning community or problem-oriented policing and
improvements in police-community interaction and cooperation that
further the purposes of the Public Safety Partnership and Community
Policing Act of 1994.
- `(g) UTILIZATION OF COMPONENTS- The Attorney General may
utilize any component or components of the Department of Justice in
carrying out this part.
- `(h) MINIMUM AMOUNT- Unless all applications submitted by any
State and grantee within the State pursuant to subsection (a) have been
funded, each qualifying State, together with grantees within the State,
shall receive in each fiscal year pursuant to subsection (a) not less
than 0.5 percent of the total amount appropriated in the fiscal year for
grants pursuant to that subsection. In this subsection, `qualifying
State' means any State which has submitted an application for a grant,
or in which an eligible entity has submitted an application for a grant,
which meets the requirements prescribed by the Attorney General and the
conditions set out in this part.
- `(i) MATCHING FUNDS- The portion of the costs of a program,
project, or activity provided by a grant under subsection (a) may not
exceed 75 percent, unless the Attorney General waives, wholly or in
part, the requirement under this subsection of a non-Federal
contribution to the costs of a program, project, or activity. In
relation to a grant for a period exceeding 1 year for hiring or rehiring
career law enforcement officers, the Federal share shall decrease from
year to year for up to 5 years, looking toward the continuation of the
increased hiring level using State or local sources of funding following
the conclusion of Federal support, as provided in an approved plan
pursuant to section 1702(c)(8).
- `(j) ALLOCATION OF FUNDS- The funds available under this part shall be allocated as provided in section 1001(a)(11)(B).
- `(k) TERMINATION OF GRANTS FOR HIRING OFFICERS- The authority
under subsection (a) of this section to make grants for the hiring and
rehiring of additional career law enforcement officers shall lapse at
the conclusion of 6 years from the date of enactment of this part. Prior
to the expiration of this grant authority, the Attorney General shall
submit a report to Congress concerning the experience with and effects
of such grants. The report may include any recommendations the Attorney
General may have for amendments to this part and related provisions of
law in light of the termination of the authority to make grants for the
hiring and rehiring of additional career law enforcement officers.
`SEC. 1702. APPLICATIONS.
- `(a) IN GENERAL- No grant may be made under this part unless
an application has been submitted to, and approved by, the Attorney
General.
- `(b) APPLICATION- An application for a grant under this part
shall be submitted in such form, and contain such information, as the
Attorney General may prescribe by regulation or guidelines.
- `(c) CONTENTS- In accordance with the regulations or
guidelines established by the Attorney General, each application for a
grant under this part shall--
- `(1) include a long-term strategy and detailed
implementation plan that reflects consultation with community groups and
appropriate private and public agencies and reflects consideration of
the statewide strategy under section 503(a)(1);
- `(2) demonstrate a specific public safety need;
- `(3) explain the applicant's inability to address the need without Federal assistance;
- `(4) identify related governmental and community initiatives which complement or will be coordinated with the proposal;
- `(5) certify that there has been appropriate coordination with all affected agencies;
- `(6) outline the initial and ongoing level of community
support for implementing the proposal including financial and in-kind
contributions or other tangible commitments;
- `(7) specify plans for obtaining necessary support and
continuing the proposed program, project, or activity following the
conclusion of Federal support;
- `(8) if the application is for a grant for hiring or
rehiring additional career law enforcement officers, specify plans for
the assumption by the applicant of a progressively larger share of the
cost in the course of time, looking toward the continuation of the
increased hiring level using State or local sources of funding following
the conclusion of Federal support;
- `(9) assess the impact, if any, of the increase in police resources on other components of the criminal justice system;
- `(10) explain how the grant will be utilized to reorient
the affected law enforcement agency's mission toward community-oriented
policing or enhance its involvement in or commitment to
community-oriented policing; and
- `(11) provide assurances that the applicant will, to the
extent practicable, seek, recruit, and hire members of racial and ethnic
minority groups and women in order to increase their ranks within the
sworn positions in the law enforcement agency.
- `(d) SPECIAL PROVISIONS-
- `(1) SMALL JURISDICTIONS- Notwithstanding any other
provision of this part, in relation to applications under this part of
units of local government or law enforcement agencies having
jurisdiction over areas with 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.
`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 communication between the
community and local law enforcement in the prevention of crime.
- `Indian tribe' means a tribe, band, pueblo, nation, or
other organized group or community of Indians, including an Alaska
Native village (as defined in or established under the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is recognized as
eligible for the special programs and services provided by the United
States to Indians because of their status as Indians.'.
d10
- (b) TECHNICAL AMENDMENT- The table of contents of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711,
et seq.) is amended by striking the item relating to part Q and
inserting the following:
`Part Q--Public Safety and Community Policing; `Cops on the Beat'
`Part R--Transition; Effective Date; Repealer
- (c) AUTHORIZATION OF APPROPRIATIONS- Section 1001(a) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793) is amended--
- (1) in paragraph (3) by striking `and O' and inserting `O, P, and Q'; and
- (2) by adding at the end the following new paragraph:
- `(11)(A) There are authorized to be appropriated to carry out part Q, to remain available until expended--
- `(i) $1,332,000,000 for fiscal year 1995;
- `(ii) $1,850,000,000 for fiscal year 1996;
- `(iii) $1,950,000,000 for fiscal year 1997;
- `(iv) $1,700,000,000 for fiscal year 1998;
- `(v) $1,700,000,000 for fiscal year 1999; and
- `(vi) $268,000,000 for fiscal year 2000.
- `(B) Of funds available under part Q in any fiscal year, up to
3 percent may be used for technical assistance under section 1701(f) or
for evaluations or studies carried out or commissioned by the Attorney
General in furtherance of the purposes of part Q. Of the remaining
funds, 50 percent shall be allocated for grants pursuant to applications
submitted by units of local government or law enforcement agencies
having jurisdiction over areas with populations exceeding 150,000 or by
public and private entities that serve areas with populations exceeding
150,000, and 50 percent shall be allocated for grants pursuant to
applications submitted by units of local government or law enforcement
agencies having jurisdiction over areas with populations 150,000 or less
or by public and private entities that serve areas with populations
150,000 or less. Of the funds available in relation to grants under part
Q, at least 85 percent shall be applied to grants for the purposes
specified in section 1701(b), and no more than 15 percent may be applied
to other grants in furtherance of the purposes of part Q. In view of
the extraordinary need for law enforcement assistance in Indian country,
an appropriate amount of funds available under part Q shall be made
available for grants to Indian tribal governments or tribal law
enforcement agencies.'.
TITLE II--PRISONS
Subtitle A--Violent Offender Incarceration and Truth in Sentencing Incentive Grants
SEC. 20101. GRANTS FOR CORRECTIONAL FACILITIES.
- (a) GRANT AUTHORIZATION- The Attorney General may make grants
to individual States and to States organized as multi-State compacts to
construct, develop, expand, modify, operate, or improve correctional
facilities, including boot camp facilities and other alternative
correctional facilities that can free conventional prison space for the
confinement of violent offenders, to ensure that prison cell space is
available for the confinement of violent offenders and to implement
truth in sentencing laws for sentencing violent offenders.
- (b) ELIGIBILITY- To be eligible to receive a grant under this
subtitle, a State or States organized as multi-State compacts shall
submit an application to the Attorney General which includes--
- (1) assurances that the State or States have implemented,
or will implement, correctional policies and programs, including truth
in sentencing laws that ensure that violent offenders serve a
substantial portion of the sentences imposed, that are designed to
provide sufficiently severe punishment for violent offenders, including
violent juvenile offenders, and that the prison time served is
appropriately related to the determination that the inmate is a violent
offender and for a period of time deemed necessary to protect the
public;
- (2) assurances that the State or States have implemented
policies that provide for the recognition of the rights and needs of
crime victims;
- (3) assurances that funds received under this section will
be used to construct, develop, expand, modify, operate, or improve
correctional facilities to ensure that prison cell space is available
for the confinement of violent offenders;
- (4) assurances that the State or States have a
comprehensive correctional plan which represents an integrated approach
to the management and operation of correctional facilities and programs
and which includes diversion programs, particularly drug diversion
programs, community corrections programs, a prisoner screening and
security classification system, appropriate professional training for
corrections officers in dealing with violent offenders, prisoner
rehabilitation and treatment programs, prisoner work activities
(including, to the extent practicable, activities relating to the
development, expansion, modification, or improvement of correctional
facilities) and job skills programs, educational programs, a
pre-release prisoner assessment to provide risk reduction management,
post-release assistance, and an assessment of recidivism rates;
- (5) assurances that the State or States have involved
counties and other units of local government, when appropriate, in the
construction, development, expansion, modification, operation or
improvement of correctional facilities designed to ensure the
incarceration of violent offenders, and that the State or States will
share funds received under this section with counties and other units of
local government, taking into account the burden placed on these units
of government when they are required to confine sentenced prisoners
because of overcrowding in State prison facilities;
- (6) assurances that funds received under this section will
be used to supplement, not supplant, other Federal, State, and local
funds;
- (7) assurances that the State or States have implemented,
or will implement within 18 months after the date of the enactment of
this Act, policies to determine the veteran status of inmates and to
ensure that incarcerated veterans receive the veterans benefits to which
they are entitled;
- (8) if applicable, documentation of the multi-State
compact agreement that specifies the construction, development,
expansion, modification, operation, or improvement of correctional
facilities; and
- (9) if applicable, a description of the eligibility criteria for prisoner participation in any boot camp that is to be funded.
- (c) CONSIDERATION- The Attorney General, in making such
grants, shall give consideration to the special burden placed on States
which incarcerate a substantial number of inmates who are in the United
States illegally.
SEC. 20102. TRUTH IN SENTENCING INCENTIVE GRANTS.
- (a) TRUTH IN SENTENCING GRANT PROGRAM- Fifty percent of the
total amount of funds appropriated to carry out this subtitle for each
of fiscal years 1995, 1996, 1997, 1998, 1999, and 2000 shall be made
available for Truth in Sentencing Incentive Grants. To be eligible to
receive such a grant, a State must meet the requirements of section
20101(b) and shall demonstrate that the State--
- (1) has in effect laws which require that persons
convicted of violent crimes serve not less than 85 percent of the
sentence imposed; or
- (2) since 1993--
- (A) has increased the percentage of convicted violent offenders sentenced to prison;
- (B) has increased the average prison time which will be served in prison by convicted violent offenders sentenced to prison;
- (C) has increased the percentage of sentence which will be served in prison by violent offenders sentenced to prison; and
- (D) has in effect at the time of application laws
requiring that a person who is convicted of a violent crime shall serve
not less than 85 percent of the sentence imposed if--
- (i) the person has been convicted on 1 or more
prior occasions in a court of the United States or of a State of a
violent crime or a serious drug offense; and
- (ii) each violent crime or serious drug offense
was committed after the defendant's conviction of the preceding violent
crime or serious drug offense.
- (b) ALLOCATION OF TRUTH IN SENTENCING INCENTIVE FUNDS-
- (1) FORMULA ALLOCATION- The amount available to carry out
this section for any fiscal year under subsection (a) shall be allocated
to each eligible State in the ratio that the number of part 1 violent
crimes reported by such State to the Federal Bureau of Investigation for
1993 bears to the number of part 1 violent crimes reported by all
States to the Federal Bureau of Investigation for 1993.
- (2) TRANSFER OF UNUSED FUNDS- On September 30 of each of
fiscal years 1996, 1998, 1999, and 2000, the Attorney General shall
transfer to the funds to be allocated under section 20103(b)(1) any
funds made available to carry out this section that are not allocated to
an eligible State under paragraph (1).
SEC. 20103. VIOLENT OFFENDER INCARCERATION GRANTS.
- (a) VIOLENT OFFENDER INCARCERATION GRANT PROGRAM- Fifty
percent of the total amount of funds appropriated to carry out this
subtitle for each of fiscal years 1995, 1996, 1997, 1998, 1999, and 2000
shall be made available for Violent Offender Incarceration Grants. To
be eligible to receive such a grant, a State or States must meet the
requirements of section 20101(b).
- (b) ALLOCATION OF VIOLENT OFFENDER INCARCERATION FUNDS-
- (1) FORMULA ALLOCATION- Eighty-five percent of the sum of
the amount available for Violent Offender Incarceration Grants for any
fiscal year under subsection (a) and any amount transferred under
section 20102(b)(2) for that fiscal year shall be allocated as follows:
- (A) 0.25 percent shall be allocated to each eligible
State except that the United States Virgin Islands, American Samoa, Guam
and the Northern Mariana Islands each shall be allocated 0.05 percent.
- (B) The amount remaining after application of
subparagraph (A) shall be allocated to each eligible State in the ratio
that the number of part 1 violent crimes reported by such State to the
Federal Bureau of Investigation for 1993 bears to the number of part 1
violent crimes reported by all States to the Federal Bureau of
Investigation for 1993.
- (2) DISCRETIONARY ALLOCATION- Fifteen percent of the sum
of the amount available for Violent Offender Incarceration Grants for
any fiscal year under subsection (a) and any amount transferred under
section 20103(b)(3) for that fiscal year shall be allocated at the
discretion of the Attorney General to States that have demonstrated the
greatest need for such grants and the ability to best utilize the funds
to meet the objectives of the grant program and ensure that prison cell
space is available for the confinement of violent offenders.
- (3) TRANSFER OF UNUSED FORMULA FUNDS- On September 30 of
each of fiscal years 1996, 1997, 1998, 1999, and 2000, the Attorney
General shall transfer to the discretionary program under paragraph (2)
any funds made available for allocation under paragraph (1) that are not
allocated to an eligible State under paragraph (1).
SEC. 20104. MATCHING REQUIREMENT.
- The Federal share of a grant received under this subtitle may
not exceed 75 percent of the costs of a proposal described in an
application approved under this subtitle.
SEC. 20105. RULES AND REGULATIONS.
- (a) The Attorney General shall issue rules and regulations
regarding the uses of grant funds received under this subtitle not later
than 90 days after the date of enactment of this Act.
- (b) If data regarding part 1 violent crimes in any State for
1993 is unavailable or substantially inaccurate, the Attorney General
shall utilize the best available comparable data regarding the number of
violent crimes for 1993 for that State for the purposes of allocation
of any funds under this subtitle.
SEC. 20106. TECHNICAL ASSISTANCE AND TRAINING.
- The Attorney General may request that the Director of the
National Institute of Corrections and the Director of the Federal Bureau
of Prisons provide technical assistance and training to a State or
States that receive a grant under this subtitle to achieve the purposes
of this subtitle.
SEC. 20107. EVALUATION.
- The Attorney General may request the Director of the National
Institute of Corrections to assist with an evaluation of programs
established with funds under this subtitle.
SEC. 20108. DEFINITIONS.
- In this subtitle--
- `boot camp' means a correctional program of not more than 6 months' incarceration involving--
- (A) assignment for participation in the program, in
conformity with State law, by prisoners other than prisoners who have
been convicted at any time of a violent felony;
- (B) adherence by inmates to a highly regimented schedule that involves strict discipline, physical training, and work;
- (C) participation by inmates in appropriate education, job training, and substance abuse counseling or treatment; and
- (D) post-incarceration aftercare services for
participants that are coordinated with the program carried out during
the period of imprisonment.
- `part 1 violent crimes' means murder and non-negligent
manslaughter, forcible rape, robbery, and aggravated assault as reported
to the Federal Bureau of Investigation for purposes of the Uniform
Crime Reports.
- `State' or `States' means a State, the District of
Columbia, the Commonwealth of Puerto Rico, the United States Virgin
Islands, American Samoa, Guam, and the Northern Mariana Islands.
SEC. 20109. AUTHORIZATION OF APPROPRIATIONS.
- There are authorized to be appropriated to carry out this subtitle--
- (1) $175,000,000 for fiscal year 1995;
- (2) $750,000,000 for fiscal year 1996;
- (3) $1,000,000,000 for fiscal year 1997;
- (4) $1,900,000,000 for fiscal year 1998;
- (5) $2,000,000,000 for fiscal year 1999; and
- (6) $2,070,000,000 for fiscal year 2000.
Subtitle B--Punishment for Young Offenders
SEC. 20201. CERTAIN PUNISHMENT FOR YOUNG OFFENDERS.
- (a) IN GENERAL- Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section
10003(a), is amended--
- (1) by redesignating part R as part S;
- (2) by redesignating section 1801 as section 1901; and
- (3) by inserting after part Q the following new part:
`PART R--CERTAIN PUNISHMENT FOR YOUNG OFFENDERS
`SEC. 1801. GRANT AUTHORIZATION.
- `(a) IN GENERAL- The Attorney General may make grants under
this part to States, for the use by States and units of local
government, for the purpose of developing alternative methods of
punishment for young offenders to traditional forms of incarceration and
probation.
- `(b) ALTERNATIVE METHODS- The alternative methods of
punishment referred to in subsection (a) should ensure certain
punishment for young offenders and promote reduced recidivism, crime
prevention, and assistance to victims, particularly for young offenders
who can be punished more effectively in an environment other than a
traditional correctional facility, including--
- `(1) alternative sanctions that create accountability and certain punishment for young offenders;
- `(2) restitution programs for young offenders;
- `(3) innovative projects, such as projects consisting of
education and job training activities for incarcerated young offenders,
modeled, to the extent practicable, after activities carried out under
part B of title IV of the Job Training Partnership Act (relating to Job
Corps) (29 U.S.C. 1691 et seq.) and projects that provide family
counseling;
- `(4) correctional options, such as community-based
incarceration, weekend incarceration, and electronic monitoring of
offenders;
- `(5) community service programs that provide work service
placement for young offenders at non-profit, private organizations and
community organizations;
- `(6) innovative methods that address the problems of young
offenders convicted of serious substance abuse (including alcohol
abuse) and gang-related offenses; and
- `(7) adequate and appropriate after care programs for
young offenders, such as substance abuse treatment, education programs,
vocational training, job placement counseling, family counseling and
other support programs upon release.
`SEC. 1802. STATE APPLICATIONS.
- `(a) IN GENERAL-
- `(1) SUBMISSION OF APPLICATION- To request a grant under
this part, the chief executive of a State shall submit an application to
the Attorney General in such form and containing such information as
the Attorney General may reasonably require.
- `(2) ASSURANCES- An application under paragraph (1) shall
include assurances that Federal funds received under this part shall be
used to supplement, not supplant, non-Federal funds that would otherwise
be available for activities funded under this part.
- `(b) STATE OFFICE- The office designated under section 507--
- `(1) shall prepare the application as required under subsection (a); and
- `(2) shall administer grant funds received under this
part, including review of spending, processing, progress, financial
reporting, technical assistance, grant adjustments, accounting,
auditing, and fund disbursement.
`SEC. 1803. REVIEW OF STATE APPLICATIONS.
- `(a) IN GENERAL- The Attorney General shall make a grant under
section 1801(a) to carry out the projects described in the application
submitted by such applicant under section 1802 upon determining that--
- `(1) the application is consistent with the requirements of this part; and
- `(2) before the approval of the application, the Attorney
General has made an affirmative finding in writing that the proposed
project has been reviewed in accordance with this part.
- `(b) APPROVAL- Each application submitted under section 1802
shall be considered approved, in whole or in part, by the Attorney
General not later than 45 days after first received unless the Attorney
General informs the applicant of specific reasons for disapproval.
- `(c) RESTRICTION- Grant funds received under this part shall
not be used for land acquisition or construction projects, other than
alternative facilities described in section 1801(b).
- `(d) DISAPPROVAL NOTICE AND RECONSIDERATION- The Attorney
General shall not disapprove any application without first affording the
applicant reasonable notice and an opportunity for reconsideration.
`SEC. 1804. LOCAL APPLICATIONS.
- `(a) IN GENERAL-
- `(1) SUBMISSION OF APPLICATION- To request funds under
this part from a State, the chief executive of a unit of local
government shall submit an application to the office designated under
section 1802(b).
- `(2) APPROVAL- An application under paragraph (1) shall be
considered to have been approved, in whole or in part, by the State not
later than 45 days after such application is first received unless the
State informs the applicant in writing of specific reasons for
disapproval.
- `(3) DISAPPROVAL- The State shall not disapprove any
application submitted to the State without first affording the applicant
reasonable notice and an opportunity for reconsideration.
- `(4) EFFECT OF APPROVAL- If an application under
subsection (a) is approved, the unit of local government is eligible to
receive funds under this part.
- `(b) DISTRIBUTION TO UNITS OF LOCAL GOVERNMENT- A State that
receives funds under section 1801 in a fiscal year shall make such funds
available to units of local government with an application that has
been submitted and approved by the State within 45 days after the
Attorney General has approved the application submitted by the State and
has made funds available to the State. The Attorney General may waive
the 45-day requirement in this section upon a finding that the State is
unable to satisfy such requirement under State statutes.
`SEC. 1805. ALLOCATION AND DISTRIBUTION OF FUNDS.
- `(a) STATE DISTRIBUTION- Of the total amount appropriated under this part in any fiscal year--
- `(1) 0.4 percent shall be allocated to each of the participating States; and
- `(2) of the total funds remaining after the allocation
under paragraph (1), there shall be allocated to each of the
participating States an amount which bears the same ratio to the amount
of remaining funds described in this paragraph as the number of young
offenders of such State bears to the number of young offenders in all
the participating States.
- `(b) LOCAL DISTRIBUTION-
- `(1) IN GENERAL- A State that receives funds under this
part in a fiscal year shall distribute to units of local government in
such State for the purposes specified under section 1801 that portion of
such funds which bears the same ratio to the aggregate amount of such
funds as the amount of funds expended by all units of local government
for correctional programs in the preceding fiscal year bears to the
aggregate amount of funds expended by the State and all units of local
government in such State for correctional programs in such preceding
fiscal year.
- `(2) UNDISTRIBUTED FUNDS- Any funds not distributed to
units of local government under paragraph (1) shall be available for
expenditure by such State for purposes specified under section 1801.
- `(3) UNUSED FUNDS- If the Attorney General determines, on
the basis of information available during any fiscal year, that a
portion of the funds allocated to a State for such fiscal year will not
be used by such State or that a State is not eligible to receive funds
under section 1801, the Attorney General shall award such funds to units
of local government in such State giving priority to the units of local
government that the Attorney General considers to have the greatest
need.
- `(c) GENERAL REQUIREMENT- Notwithstanding subsections (a) and
(b), not less than two-thirds of funds received by a State under this
part shall be distributed to units of local government unless the State
applies for and receives a waiver from the Attorney General.
- `(d) FEDERAL SHARE- The Federal share of a grant made under
this part may not exceed 75 percent of the total costs of the projects
described in the application submitted under section 1802(a) for the
fiscal year for which the projects receive assistance under this part.
- `(e) CONSIDERATION- Notwithstanding subsections (a) and (b),
in awarding grants under this part, the Attorney General shall consider
as a factor whether a State has in effect throughout such State a law or
policy that requires that a juvenile who is in possession of a firearm
or other weapon on school property or convicted of a crime involving the
use of a firearm or weapon on school property--
- `(1) be suspended from school for a reasonable period of time; and
- `(2) lose driving license privileges for a reasonable period of time.
- `(f) DEFINITION- For purposes of this part, `juvenile' means a person 18 years of age or younger.
`SEC. 1806. EVALUATION.
- `(a) IN GENERAL-
- `(1) SUBMISSION TO THE DIRECTOR- Each State and unit of
local government that receives a grant under this part shall submit to
the Attorney General an evaluation not later than March 1 of each year
in accordance with guidelines issued by the Attorney General. Such
evaluation shall include an appraisal by representatives of the
community of the programs funded by the grant.
- `(2) WAIVER- The Attorney General may waive the
requirement specified in paragraph (1) if the Attorney General
determines that such evaluation is not warranted in the case of the
State or unit of local government involved.
- `(b) DISTRIBUTION- The Attorney General shall make available
to the public on a timely basis evaluations received under subsection
(a).
- `(c) ADMINISTRATIVE COSTS- A State or unit of local government
may use not more than 5 percent of funds it receives under this part to
develop an evaluation program under this section.'.
- (b) TECHNICAL AMENDMENT- The table of contents of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711
et seq.), as amended by section 10003(a), is amended by striking the
matter relating to part R and inserting the following:
`Part R--Certain Punishments for Young Offenders
- `Sec. 1801. Grant authorization.
- `Sec. 1802. State applications.
- `Sec. 1803. Review of State applications.
- `Sec. 1804. Local applications.
- `Sec. 1805. Allocation and distribution of funds.
- `Sec. 1806. Evaluation.
`Part S--Transition--Effective Date--Repealer
- `Sec. 1901. Continuation of rules, authorities, and proceedings.'.
- (c) DEFINITION- Section 901(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791(a)), is amended--
- (1) by adding a semicolon at the end of paragraph (21);
- (2) by striking `and' at the end of paragraph (22);
- (3) by striking the period at the end of paragraph (23) and inserting a semicolon; and
- (4) by adding after paragraph (23) the following:
- `(24) the term `young offender' means a non-violent
first-time offender or a non-violent offender with a minor criminal
record who is 22 years of age or younger (including juveniles).'.
- (d) AUTHORIZATION OF APPROPRIATIONS- Section 1001(a) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793), as amended by section 10003(c), is amended--
- (1) in paragraph (3) by striking `and Q' and inserting `Q, or R'; and
- (2) by adding at the end the following new paragraph:
- `(16) There are authorized to be appropriated to carry out projects under part R--
- `(A) $20,000,000 for fiscal year 1996;
- `(B) $25,000,000 for fiscal year 1997;
- `(C) $30,000,000 for fiscal year 1998;
- `(D) $35,000,000 for fiscal year 1999; and
- `(E) $40,000,000 for fiscal year 2000.'.
Subtitle C--Alien Incarceration
SEC. 20301. INCARCERATION OF UNDOCUMENTED CRIMINAL ALIENS.
- (a) INCARCERATION- Section 242 of the Immigration and
Nationality Act (8 U.S.C. 1252) is amended by adding at the end the
following new subsection:
- `(j) INCARCERATION-
- `(1) If the chief executive officer of a State (or, if
appropriate, a political subdivision of the State) exercising authority
with respect to the incarceration of an undocumented criminal alien
submits a written request to the Attorney General, the Attorney General
shall, as determined by the Attorney General--
- `(A) enter into a contractual arrangement which
provides for compensation to the State or a political subdivision of the
State, as may be appropriate, with respect to the incarceration of the
undocumented criminal alien; or
- `(B) take the undocumented criminal alien into the custody of the Federal Government and incarcerate the alien.
- `(2) Compensation under paragraph (1)(A) shall be the
average cost of incarceration of a prisoner in the relevant State as
determined by the Attorney General.
- `(3) For purposes of this subsection, the term `undocumented criminal alien' means an alien who--
- `(A) has been convicted of a felony and sentenced to a term of imprisonment; and
- `(B)(i) entered the United States without inspection or at any time or place other than as designated by the Attorney General;
- `(ii) was the subject of exclusion or deportation
proceedings at the time he or she was taken into custody by the State or
a political subdivision of the State; or
- `(iii) was admitted as a nonimmigrant and at the time
he or she was taken into custody by the State or a political subdivision
of the State has failed to maintain the nonimmigrant status in which
the alien was admitted or to which it was changed under section 248, or
to comply with the conditions of any such status.
- `(4)(A) In carrying out paragraph (1), the Attorney
General shall give priority to the Federal incarceration of undocumented
criminal aliens who have committed aggravated felonies.
- `(B) The Attorney General shall ensure that undocumented
criminal aliens incarcerated in Federal facilities pursuant to this
subsection are held in facilities which provide a level of security
appropriate to the crimes for which they were convicted.
- `(5) There are authorized to be appropriated such sums as
may be necessary to carry out this subsection, of which the following
amounts may be appropriated from the Violent Crime Reduction Trust Fund:
- `(A) $130,000,000 for fiscal year 1995;
- `(B) $300,000,000 for fiscal year 1996;
- `(C) $330,000,000 for fiscal year 1997;
- `(D) $350,000,000 for fiscal year 1998;
- `(E) $350,000,000 for fiscal year 1999; and
- `(F) $340,000,000 for fiscal year 2000.'.
- (b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect October 1, 1994.
- (c) TERMINATION OF LIMITATION- Notwithstanding section
242(j)(5) of the Immigration and Nationality Act, as added by subsection
(a), the requirements of section 242(j) of the Immigration and
Nationality Act, as added by subsection (a), shall not be subject to the
availability of appropriations on and after October 1, 2004.
Subtitle D--Miscellaneous Provisions
SEC. 20401. PRISONER'S PLACE OF IMPRISONMENT.
- Paragraph (b) of section 3621 of title 18, United States Code,
is amended by inserting after subsection (5) the following: `In
designating the place of imprisonment or making transfers under this
subsection, there shall be no favoritism given to prisoners of high
social or economic status.'.
SEC. 20402. PRISON IMPACT ASSESSMENTS.
- (a) IN GENERAL- Chapter 303 of title 18, United States Code, is amended by adding at the end the following new section:
`Sec. 4047. Prison impact assessments
- `(a) Any submission of legislation by the Judicial or
Executive branch which could increase or decrease the number of persons
incarcerated in Federal penal institutions shall be accompanied by a
prison impact statement (as defined in subsection (b)).
- `(b) The Attorney General shall, in consultation with the
Sentencing Commission and the Administrative Office of the United States
Courts, prepare and furnish prison impact assessments under subsection
(c) of this section, and in response to requests from Congress for
information relating to a pending measure or matter that might affect
the number of defendants processed through the Federal criminal justice
system. A prison impact assessment on pending legislation must be
supplied within 21 days of any request. A prison impact assessment shall
include--
- `(1) projections of the impact on prison, probation, and post prison supervision populations;
- `(2) an estimate of the fiscal impact of such population
changes on Federal expenditures, including those for construction and
operation of correctional facilities for the current fiscal year and 5
succeeding fiscal years;
- `(3) an analysis of any other significant factor affecting
the cost of the measure and its impact on the operations of components
of the criminal justice system; and
- `(4) a statement of the methodologies and assumptions utilized in preparing the assessment.
- `(c) The Attorney General shall prepare and transmit to the
Congress, by March 1 of each year, a prison impact assessment reflecting
the cumulative effect of all relevant changes in the law taking effect
during the preceding calendar year.'.
- (b) TECHNICAL AMENDMENT- The chapter analysis for chapter 303 is amended by adding at the end the following new item:
- `4047. Prison impact assessments.'.
SEC. 20403. SENTENCES TO ACCOUNT FOR COSTS TO THE GOVERNMENT OF IMPRISONMENT, RELEASE, AND PROBATION.
- (a) IMPOSITION OF SENTENCE- Section 3572(a) of title 18, United States Code, is amended--
- (1) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and
- (2) by inserting after paragraph (5) the following new paragraph:
- `(6) the expected costs to the government of any imprisonment, supervised release, or probation component of the sentence;'.
- (b) DUTIES OF THE SENTENCING COMMISSION- Section 994 of title
28, United States Code, is amended by adding at the end the following
new subsection:
- `(y) The Commission, in promulgating guidelines pursuant to
subsection (a)(1), may include, as a component of a fine, the expected
costs to the Government of any imprisonment, supervised release, or
probation sentence that is ordered.'.
SEC. 20404. APPLICATION TO PRISONERS TO WHICH PRIOR LAW APPLIES.
- In the case of a prisoner convicted of an offense committed
prior to November 1, 1987, the reference to supervised release in
section 4042(b) of title 18, United States Code, shall be deemed to be a
reference to probation or parole.
SEC. 20405. CREDITING OF `GOOD TIME'.
- Section 3624 of title 18, United States Code, is amended--
- (1) by striking `he' each place it appears and inserting `the prisoner';
- (2) by striking `his' each place it appears and inserting `the prisoner's';
- (3) in subsection (d) by striking `him' and inserting `the prisoner'; and
- (4) in subsection (b)--
- (A) in the first sentence by inserting `(other than a
prisoner serving a sentence for a crime of violence)' after `A
prisoner'; and
- (B) by inserting after the first sentence the
following: `A prisoner who is serving a term of imprisonment of more
than 1 year for a crime of violence, other than a term of imprisonment
for the duration of the prisoner's life, may receive credit toward the
service of the prisoner's sentence, beyond the time served, of up to 54
days at the end of each year of the prisoner's term of imprisonment,
beginning at the end of the first year of the term, subject to
determination by the Bureau of Prisons that, during that year, the
prisoner has displayed exemplary compliance with such institutional
disciplinary regulations.'.
SEC. 20406. TASK FORCE ON PRISON CONSTRUCTION STANDARDIZATION AND TECHNIQUES.
- (a) TASK FORCE- The Director of the National Institute of
Corrections shall, subject to availability of appropriations, establish a
task force composed of Federal, State, and local officials expert in
prison construction, and of at least an equal number of engineers,
architects, and construction experts from the private sector with
expertise in prison design and construction, including the use of
cost-cutting construction standardization techniques and cost-cutting
new building materials and technologies.
- (b) COOPERATION- The task force shall work in close
cooperation and communication with other State and local officials
responsible for prison construction in their localities.
- (c) PERFORMANCE REQUIREMENTS- The task force shall work to--
- (1) establish and recommend standardized construction plans and techniques for prison and prison component construction; and
- (2) evaluate and recommend new construction technologies, techniques, and materials,
- to reduce prison construction costs at the Federal, State, and local levels and make such construction more efficient.
- (d) DISSEMINATION- The task force shall disseminate
information described in subsection (c) to State and local officials
involved in prison construction, through written reports and meetings.
- (e) PROMOTION AND EVALUATION- The task force shall--
- (1) work to promote the implementation of cost-saving efforts at the Federal, State, and local levels;
- (2) evaluate and advise on the results and effectiveness
of such cost-saving efforts as adopted, broadly disseminating
information on the results; and
- (3) to the extent feasible, certify the effectiveness of the cost-savings efforts.
SEC. 20407. EFFICIENCY IN LAW ENFORCEMENT AND CORRECTIONS.
- (a) IN GENERAL- In the administration of each grant program
funded by appropriations authorized by this Act or by an amendment made
by this Act, the Attorney General shall encourage--
- (1) innovative methods for the low-cost construction of
facilities to be constructed, converted, or expanded and the low-cost
operation of such facilities and the reduction of administrative costs
and overhead expenses; and
- (2) the use of surplus Federal property.
- (b) ASSESSMENT OF CONSTRUCTION COMPONENTS AND DESIGNS- The
Attorney General may make an assessment of the cost efficiency and
utility of using modular, prefabricated, precast, and pre-engineered
construction components and designs for housing nonviolent criminals.
SEC. 20408. AMENDMENTS TO THE DEPARTMENT OF EDUCATION ORGANIZATION ACT AND THE NATIONAL LITERACY ACT OF 1991.
- (a) TECHNICAL AMENDMENT- The matter preceding paragraph (1) of
section 214(d) of the Department of Education Organization Act (20
U.S.C. 3423a(d)) is amended by striking `under subsection (a)' and
inserting `under subsection (c)'.
- (b) ESTABLISHMENT OF A PANEL AND USE OF FUNDS- Section 601 of
the National Literacy Act of 1991 (20 U.S.C. 1211-2) is amended--
- (1) by redesignating subsection (g) as subsection (i); and
- (2) by inserting after subsection (f) the following new subsections:
- `(g) PANEL- The Secretary is authorized to consult with and
convene a panel of experts in correctional education, including program
administrators and field-based professionals in adult corrections,
juvenile services, jails, and community corrections programs, to--
- `(1) develop measures for evaluating the effectiveness of the programs funded under this section; and
- `(2) evaluate the effectiveness of such programs.
- `(h) USE OF FUNDS- Notwithstanding any other provision of law,
the Secretary may use not more than five percent of funds appropriated
under subsection (i) in any fiscal year to carry out grant-related
activities such as monitoring, technical assistance, and replication and
dissemination.'.
SEC. 20409. APPROPRIATE REMEDIES FOR PRISON OVERCROWDING.
- (a) AMENDMENT OF TITLE 18, UNITED STATES CODE- Subchapter C of
chapter 229 of part 2 of title 18, United States Code, is amended by
adding at the end the following new section:
`Sec. 3626. Appropriate remedies with respect to prison crowding
- `(a) REQUIREMENT OF SHOWING WITH RESPECT TO THE PLAINTIFF IN PARTICULAR-
- `(1) HOLDING- A Federal court shall not hold prison or
jail crowding unconstitutional under the eighth amendment except to the
extent that an individual plaintiff inmate proves that the crowding
causes the infliction of cruel and unusual punishment of that inmate.
- `(2) RELIEF- The relief in a case described in paragraph
(1) shall extend no further than necessary to remove the conditions that
are causing the cruel and unusual punishment of the plaintiff inmate.
- `(b) INMATE POPULATION CEILINGS-
- `(1) REQUIREMENT OF SHOWING WITH RESPECT TO PARTICULAR
PRISONERS- A Federal court shall not place a ceiling on the inmate
population of any Federal, State, or local detention facility as an
equitable remedial measure for conditions that violate the eighth
amendment unless crowding is inflicting cruel and unusual punishment on
particular identified prisoners.
- `(2) RULE OF CONSTRUCTION- Paragraph (1) shall not be
construed to have any effect on Federal judicial power to issue
equitable relief other than that described in paragraph (1), including
the requirement of improved medical or health care and the imposition of
civil contempt fines or damages, where such relief is appropriate.
- `(c) PERIODIC REOPENING- Each Federal court order or consent
decree seeking to remedy an eighth amendment violation shall be reopened
at the behest of a defendant for recommended modification at a minimum
of 2-year intervals.'.
- (b) APPLICATION OF AMENDMENT- Section 3626 of title 18, United
States Code, as added by paragraph (1), shall apply to all outstanding
court orders on the date of enactment of this Act. Any State or
municipality shall be entitled to seek modification of any outstanding
eighth amendment decree pursuant to that section.
- (c) TECHNICAL AMENDMENT- The subchapter analysis for
subchapter C of chapter 229 of title 18, United States Code, is amended
by adding at the end the following new item:
- `3626. Appropriate remedies with respect to prison crowding.'.
- (d) SUNSET PROVISION- This section and the amendments made by
this section are repealed effective as of the date that is 5 years after
the date of enactment of this Act.
SEC. 20410. CONGRESSIONAL APPROVAL OF ANY EXPANSION AT LORTON AND CONGRESSIONAL HEARINGS ON FUTURE NEEDS.
- (a) CONGRESSIONAL APPROVAL- Notwithstanding any other
provision of law, the existing prison facilities and complex at the
District of Columbia Corrections Facility at Lorton, Virginia, shall not
be expanded unless such expansion has been approved by the Congress
under the authority provided to Congress in section 446 of the District
of Columbia Self-Government and Governmental Reorganization Act.
- (b) SENATE HEARINGS- The Senate directs the Subcommittee on
the District of Columbia of the Committee on Appropriations of the
Senate to conduct hearings regarding expansion of the prison complex in
Lorton, Virginia, prior to any approval granted pursuant to subsection
(a). The subcommittee shall permit interested parties, including
appropriate officials from the County of Fairfax, Virginia, to testify
at such hearings.
- (c) DEFINITION- For purposes of this section, the terms
`expanded' and `expansion' mean any alteration of the physical structure
of the prison complex that is made to increase the number of inmates
incarcerated at the prison.
SEC. 20411. AWARDS OF PELL GRANTS TO PRISONERS PROHIBITED.
- (a) IN GENERAL- Section 401(b)(8) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(8)) is amended to read as follows:
- `(8) No basic grant shall be awarded under this subpart to any
individual who is incarcerated in any Federal or State penal
institution.'.
- (b) APPLICATION OF AMENDMENT- The amendment made by this
section shall apply with respect to periods of enrollment beginning on
or after the date of enactment of this Act.
SEC. 20412. EDUCATION REQUIREMENT FOR EARLY RELEASE.
- Section 3624(b) of title 18, United States Code, is amended--
- (1) by inserting `(1)' after `behavior- ';
- (2) by striking `Such credit toward service of sentence
vests at the time that it is received. Credit that has vested may not
later be withdrawn, and credit that has not been earned may not later be
granted.' and inserting `Credit that has not been earned may not later
be granted.'; and
- (3) by adding at the end the following:
- `(2) Credit toward a prisoner's service of sentence shall not
be vested unless the prisoner has earned or is making satisfactory
progress toward a high school diploma or an equivalent degree.
- `(3) The Attorney General shall ensure that the Bureau of
Prisons has in effect an optional General Educational Development
program for inmates who have not earned a high school diploma or its
equivalent.
- `(4) Exemptions to the General Educational Development
requirement may be made as deemed appropriate by the Director of the
Federal Bureau of Prisons.'.
SEC. 20413. CONVERSION OF CLOSED MILITARY INSTALLATIONS INTO FEDERAL PRISON FACILITIES.
- (a) STUDY OF SUITABLE BASES- The Secretary of Defense and the
Attorney General shall jointly conduct a study of all military
installations selected before the date of enactment of this Act to be
closed pursuant to a base closure law for the purpose of evaluating the
suitability of any of these installations, or portions of these
installations, for conversion into Federal prison facilities. As part of
the study, the Secretary and the Attorney General shall identify the
military installations so evaluated that are most suitable for
conversion into Federal prison facilities.
- (b) SUITABILITY FOR CONVERSION- In evaluating the suitability
of a military installation for conversion into a Federal prison
facility, the Secretary of Defense and the Attorney General shall
consider the estimated cost to convert the installation into a prison
facility and such other factors as the Secretary and the Attorney
General consider to be appropriate.
- (c) TIME FOR STUDY- The study required by subsection (a) shall
be completed not later than the date that is 180 days after the date of
enactment of this Act.
- (d) CONSTRUCTION OF FEDERAL PRISONS-
- (1) IN GENERAL- In determining where to locate any new
Federal prison facility, and in accordance with the Department of
Justice's duty to review and identify a use for any portion of an
installation closed pursuant to title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law 100-526) and
the Defense Base Closure and Realignment Act of 1990 (part A of title
XXIX of Public Law 101-510), the Attorney General shall--
- (A) consider whether using any portion of a military
installation closed or scheduled to be closed in the region pursuant to a
base closure law provides a cost-effective alternative to the purchase
of real property or construction of new prison facilities;
- (B) consider whether such use is consistent with a reutilization and redevelopment plan; and
- (C) give consideration to any installation located in a
rural area the closure of which will have a substantial adverse impact
on the economy of the local communities and on the ability of the
communities to sustain an economic recovery from such closure.
- (2) CONSENT- With regard to paragraph (1)(B), consent must
be obtained from the local re-use authority for the military
installation, recognized and funded by the Secretary of Defense, before
the Attorney General may proceed with plans for the design or
construction of a prison at the installation.
- (3) REPORT ON BASIS OF DECISION- Before proceeding with
plans for the design or construction of a Federal prison, the Attorney
General shall submit to Congress a report explaining the basis of the
decision on where to locate the new prison facility.
- (4) REPORT ON COST-EFFECTIVENESS- If the Attorney General
decides not to utilize any portion of a closed military installation or
an installation scheduled to be closed for locating a prison, the report
shall include an analysis of why installations in the region, the use
of which as a prison would be consistent with a reutilization and
redevelopment plan, does not provide a cost-effective alternative to the
purchase of real property or construction of new prison facilities.
- (e) DEFINITION- In this section, `base closure law' means--
- (1) the Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note); and
- (2) title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687
note).
SEC. 20414. POST-CONVICTION RELEASE DRUG TESTING--FEDERAL OFFENDERS.
- (a) DRUG TESTING PROGRAM-
- (1) IN GENERAL- Subchapter A of chapter 229 of title 18,
United States Code, is amended by adding at the end the following new
section:
`Sec. 3608. Drug testing of Federal offenders on post-conviction release
- `The Director of the Administrative Office of the United
States Courts, in consultation with the Attorney General and the
Secretary of Health and Human Services, shall, subject to the
availability of appropriations, establish a program of drug testing of
Federal offenders on post-conviction release. The program shall include
such standards and guidelines as the Director may determine necessary to
ensure the reliability and accuracy of the drug testing programs. In
each judicial district the chief probation officer shall arrange for the
drug testing of defendants on post-conviction release pursuant to a
conviction for a felony or other offense described in section
3563(a)(4).'.
- (2) TECHNICAL AMENDMENT- The subchapter analysis for
subchapter A of chapter 229 of title 18, United States Code, is amended
by adding at the end the following new item:
- `3608. Drug testing of Federal offenders on post-conviction release.'.
- (b) CONDITIONS OF PROBATION- Section 3563(a) of title 18, United States Code, is amended--
- (1) in paragraph (2) by striking `and' after the semicolon;
- (2) in paragraph (3) by striking the period and inserting `; and';
- (3) by adding at the end the following new paragraph:
- `(4) for a felony, a misdemeanor, or an infraction, that
the defendant refrain from any unlawful use of a controlled substance
and submit to one drug test within 15 days of release on probation and
at least 2 periodic drug tests thereafter (as determined by the court)
for use of a controlled substance, but the condition stated in this
paragraph may be ameliorated or suspended by the court for any
individual defendant if the defendant's presentence report or other
reliable sentencing information indicates a low risk of future substance
abuse by the defendant.'; and
- (4) by adding at the end the following: `The results of a
drug test administered in accordance with paragraph (4) shall be subject
to confirmation only if the results are positive, the defendant is
subject to possible imprisonment for such failure, and either the
defendant denies the accuracy of such test or there is some other reason
to question the results of the test. A defendant who tests positive may
be detained pending verification of a positive drug test result. A drug
test confirmation shall be a urine drug test confirmed using gas
chromatography/mass spectrometry techniques or such test as the Director
of the Administrative Office of the United States Courts after
consultation with the Secretary of Health and Human Services may
determine to be of equivalent accuracy. The court shall consider whether
the availability of appropriate substance abuse treatment programs, or
an individual's current or past participation in such programs, warrants
an exception in accordance with United States Sentencing Commission
guidelines from the rule of section 3565(b), when considering any action
against a defendant who fails a drug test administered in accordance
with paragraph (4).'.
- (c) CONDITIONS OF SUPERVISED RELEASE- Section 3583(d) of title
18, United States Code, is amended by inserting after the first
sentence the following: `The court shall also order, as an explicit
condition of supervised release, that the defendant refrain from any
unlawful use of a controlled substance and submit to a drug test within
15 days of release on supervised release and at least 2 periodic drug
tests thereafter (as determined by the court) for use of a controlled
substance. The condition stated in the preceding sentence may be
ameliorated or suspended by the court as provided in section 3563(a)(4).
The results of a drug test administered in accordance with the
preceding subsection shall be subject to confirmation only if the
results are positive, the defendant is subject to possible imprisonment
for such failure, and either the defendant denies the accuracy of such
test or there is some other reason to question the results of the test. A
drug test confirmation shall be a urine drug test confirmed using gas
chromatography/mass spectrometry techniques or such test as the Director
of the Administrative Office of the United States Courts after
consultation with the Secretary of Health and Human Services may
determine to be of equivalent accuracy. The court shall consider whether
the availability of appropriate substance abuse treatment programs, or
an individual's current or past participation in such programs, warrants
an exception in accordance with United States Sentencing Commission
guidelines from the rule of section 3583(g) when considering any action
against a defendant who fails a drug test.'.
- (d) CONDITIONS OF PAROLE- Section 4209(a) of title 18, United
States Code, is amended by inserting after the first sentence the
following: `In every case, the Commission shall also impose as a
condition of parole that the parolee pass a drug test prior to release
and refrain from any unlawful use of a controlled substance and submit
to at least 2 periodic drug tests (as determined by the Commission) for
use of a controlled substance. The condition stated in the preceding
sentence may be ameliorated or suspended by the Commission for any
individual parolee if it determines that there is good cause for doing
so. The results of a drug test administered in accordance with the
provisions of the preceding sentence shall be subject to confirmation
only if the results are positive, the defendant is subject to possible
imprisonment for such failure, and either the defendant denies the
accuracy of such test or there is some other reason to question the
results of the test. A drug test confirmation shall be a urine drug test
confirmed using gas chromatography/mass spectrometry techniques or such
test as the Director of the Administrative Office of the United States
Courts after consultation with the Secretary of Health and Human
Services may determine to be of equivalent accuracy. The Commission
shall consider whether the availability of appropriate substance abuse
treatment programs, or an individual's current or past participation in
such programs, warrants an exception in accordance with United States
Sentencing Commission guidelines from the rule of section 4214(f) when
considering any action against a defendant who fails a drug test.'.
SEC. 20415. REPORTING OF CASH RECEIVED BY CRIMINAL COURT CLERKS.
- (a) IN GENERAL- Section 6050I of the Internal Revenue Code of
1986 (relating to returns relating to cash received in trade or
business) is amended by adding at the end the following new subsection:
- `(g) CASH RECEIVED BY CRIMINAL COURT CLERKS-
- `(1) IN GENERAL- Every clerk of a Federal or State
criminal court who receives more than $10,000 in cash as bail for any
individual charged with a specified criminal offense shall make a return
described in paragraph (2) (at such time as the Secretary may by
regulations prescribe) with respect to the receipt of such bail.
- `(2) RETURN- A return is described in this paragraph if such return--
- `(A) is in such form as the Secretary may prescribe, and
- `(B) contains--
- `(i) the name, address, and TIN of--
- `(I) the individual charged with the specified criminal offense, and
- `(II) each person posting the bail (other than a person licensed as a bail bondsman),
- `(ii) the amount of cash received,
- `(iii) the date the cash was received, and
- `(iv) such other information as the Secretary may prescribe.
- `(3) SPECIFIED CRIMINAL OFFENSE- For purposes of this subsection, the term `specified criminal offense' means--
- `(A) any Federal criminal offense involving a controlled substance,
- `(B) racketeering (as defined in section 1951, 1952, or 1955 of title 18, United States Code),
- `(C) money laundering (as defined in section 1956 or 1957 of such title), and
- `(D) any State criminal offense substantially similar to an offense described in subparagraph (A), (B), or (C).
- `(4) INFORMATION TO FEDERAL PROSECUTORS- Each clerk
required to include on a return under paragraph (1) the information
described in paragraph (2)(B) with respect to an individual described in
paragraph (2)(B)(i)(I) shall furnish (at such time as the Secretary may
by regulations prescribe) a written statement showing such information
to the United States Attorney for the jurisdiction in which such
individual resides and the jurisdiction in which the specified criminal
offense occurred.
- `(5) INFORMATION TO PAYORS OF BAIL- Each clerk required to
make a return under paragraph (1) shall furnish (at such time as the
Secretary may by regulations prescribe) to each person whose name is
required to be set forth in such return by reason of paragraph
(2)(B)(i)(II) a written statement showing--
- `(A) the name and address of the clerk's office required to make the return, and
- `(B) the aggregate amount of cash described in paragraph (1) received by such clerk.'.
- (b) CONFORMING AMENDMENTS-
- (1) Clause (iv) of section 6724(d)(1)(B) of the Internal Revenue Code of 1986 is amended to read as follows:
- `(iv) section 6050I (a) or (g)(1) (relating to cash received in trade or business, etc.),'.
- (2) Subparagraph (K) of section 6724(d)(2) of the Internal Revenue Code of 1986 is amended to read as follows:
- `(K) section 6050I(e) or paragraph (4) or (5) of section 6050I(g) (relating to cash received in trade or business, etc.),'.
- (3) The heading for section 6050I of the Internal Revenue Code of 1986 is amended by striking `BUSINESS' and inserting `BUSINESS, ETC.'.
- (4) The table of sections for subpart B of part III of
subchapter A of chapter A of chapter 61 of the Internal Revenue Code of
1986 is amended by striking `business' and inserting `business, etc.' in
the item relating to section 6050I.
- (c) REGULATIONS- The Secretary of the Treasury or the
Secretary's delegate shall prescribe temporary regulations under the
amendments made by this section within 90 days after the date of
enactment of this Act.
- (d) EFFECTIVE DATE- The amendments made by this section shall
take effect on the 60th day after the date on which the temporary
regulations are prescribed under subsection (c).
SEC. 20416. CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS.
- (a) EXHAUSTION OF ADMINISTRATIVE REMEDIES- Section 7 of the
Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997e) is
amended--
- (1) in subsection (a)--
- (A) in paragraph (1), by striking `ninety days' and inserting `180 days'; and
- (B) in paragraph (2), by inserting before the period at the end the following: `or are otherwise fair and effective'; and
- (2) in subsection (c)--
- (A) in paragraph (1) by inserting before the period at the end the following: `or are otherwise fair and effective'; and
- (B) in paragraph (2) by inserting before the period at the end the following: `or is no longer fair and effective'.
- (b) EFFECTIVE DATE- The amendments made by subsection (a) shall take effect on the date of enactment of this Act.
SEC. 20417. NOTIFICATION OF RELEASE OF PRISONERS.
- Section 4042 of title 18, United States Code, is amended--
- (1) by striking `The Bureau' and inserting `(a) IN GENERAL- The Bureau';
- (2) by striking `This section' and inserting `(c) APPLICATION OF SECTION- This section';
- (3) in paragraph (4) of subsection (a), as designated by paragraph (1)--
- (A) by striking `Provide' and inserting `provide'; and
- (B) by striking the period at the end and inserting `; and';
- (4) by inserting after paragraph (4) of subsection (a), as designated by paragraph (1), the following new paragraph:
- `(5) provide notice of release of prisoners in accordance with subsection (b).'; and
- (5) by inserting after subsection (a), as designated by paragraph (1), the following new subsection:
- `(b) NOTICE OF RELEASE OF PRISONERS- (1) At least 5 days prior
to the date on which a prisoner described in paragraph (3) is to be
released on supervised release, or, in the case of a prisoner on
supervised release, at least 5 days prior to the date on which the
prisoner changes residence to a new jurisdiction, written notice of the
release or change of residence shall be provided to the chief law
enforcement officer of the State and of the local jurisdiction in which
the prisoner will reside. Notice prior to release shall be provided by
the Director of the Bureau of Prisons. Notice concerning a change of
residence following release shall be provided by the probation officer
responsible for the supervision of the released prisoner, or in a manner
specified by the Director of the Administrative Office of the United
States Courts. The notice requirements under this subsection do not
apply in relation to a prisoner being protected under chapter 224.
- `(2) A notice under paragraph (1) shall disclose--
- `(A) the prisoner's name;
- `(B) the prisoner's criminal history, including a description of the offense of which the prisoner was convicted; and
- `(C) any restrictions on conduct or other conditions to
the release of the prisoner that are imposed by law, the sentencing
court, or the Bureau of Prisons or any other Federal agency.
- `(3) A prisoner is described in this paragraph if the prisoner was convicted of--
- `(A) a drug trafficking crime, as that term is defined in section 924(c)(2); or
- `(B) a crime of violence (as defined in section 924(c)(3)).
- `(4) The notice provided under this section shall be used solely for law enforcement purposes.'.
SEC. 20418. CORRECTIONAL JOB TRAINING AND PLACEMENT.
- (a) PURPOSE- It is the purpose of this section to encourage
and support job training programs, and job placement programs, that
provide services to incarcerated persons or ex-offenders.
- (b) DEFINITIONS- As used in this section:
- (1) CORRECTIONAL INSTITUTION- The term `correctional
institution' means any prison, jail, reformatory, work farm, detention
center, or halfway house, or any other similar institution designed for
the confinement or rehabilitation of criminal offenders.
- (2) CORRECTIONAL JOB TRAINING OR PLACEMENT PROGRAM- The
term `correctional job training or placement program' means an activity
that provides job training or job placement services to incarcerated
persons or ex-offenders, or that assists incarcerated persons or
ex-offenders in obtaining such services.
- (3) EX-OFFENDER- The term `ex-offender' means any
individual who has been sentenced to a term of probation by a Federal or
State court, or who has been released from a Federal, State, or local
correctional institution.
- (4) INCARCERATED PERSON- The term `incarcerated person'
means any individual incarcerated in a Federal or State correctional
institution who is charged with or convicted of any criminal offense.
- (c) ESTABLISHMENT OF OFFICE-
- (1) IN GENERAL- The Attorney General shall establish
within the Department of Justice an Office of Correctional Job Training
and Placement. The Office shall be headed by a Director, who shall be
appointed by the Attorney General.
- (2) TIMING- The Attorney General shall carry out this
subsection not later than 6 months after the date of enactment of this
section.
- (d) FUNCTIONS OF OFFICE- The Attorney General, acting through
the Director of the Office of Correctional Job Training and Placement,
in consultation with the Secretary of Labor, shall--
- (1) assist in coordinating the activities of the Federal
Bonding Program of the Department of Labor, the activities of the
Department of Labor related to the certification of eligibility for
targeted jobs credits under section 51 of the Internal Revenue Code of
1986 with respect to ex-offenders, and any other correctional job
training or placement program of the Department of Justice or Department
of Labor;
- (2) provide technical assistance to State and local employment and training agencies that--
- (A) receive financial assistance under this Act; or
- (B) receive financial assistance through other
programs carried out by the Department of Justice or Department of
Labor, for activities related to the development of employability;
- (3) prepare and implement the use of special staff
training materials, and methods, for developing the staff competencies
needed by State and local agencies to assist incarcerated persons and
ex-offenders in gaining marketable occupational skills and job
placement;
- (4) prepare and submit to Congress an annual report on the
activities of the Office of Correctional Job Training and Placement,
and the status of correctional job training or placement programs in the
United States;
- (5) cooperate with other Federal agencies carrying out
correctional job training or placement programs to ensure coordination
of such programs throughout the United States;
- (6) consult with, and provide outreach to--
- (A) State job training coordinating councils,
administrative entities, and private industry councils, with respect to
programs carried out under this Act; and
- (B) other State and local officials, with respect to
other employment or training programs carried out by the Department of
Justice or Department of Labor;
- (7) collect from States information on the training
accomplishments and employment outcomes of a sample of incarcerated
persons and ex-offenders who were served by employment or training
programs carried out, or that receive financial assistance through
programs carried out, by the Department of Justice or Department of
Labor; and
- (8)(A) collect from States and local governments
information on the development and implementation of correctional job
training or placement programs; and
- (B) disseminate such information, as appropriate.
TITLE III--CRIME PREVENTION
Subtitle A--Ounce of Prevention Council
SEC. 30101. OUNCE OF PREVENTION COUNCIL.
- (a) ESTABLISHMENT-
- (1) IN GENERAL- There is established an Ounce of
Prevention Council (referred to in this title as the `Council'), the
members of which--
- (A) shall include the Attorney General, the Secretary
of Education, the Secretary of Health and Human Services, the Secretary
of Housing and Urban Development, the Secretary of Labor, the Secretary
of Agriculture, the Secretary of the Treasury, the Secretary of the
Interior, and the Director of the Office of National Drug Control
Policy; and
- (B) may include other officials of the executive branch as directed by the President.
- (2) CHAIR- The President shall designate the Chair of the
Council from among its members (referred to in this title as the
`Chair').
- (3) STAFF- The Council may employ any necessary staff to
carry out its functions, and may delegate any of its functions or powers
to a member or members of the Council.
- (b) PROGRAM COORDINATION- For any program authorized under the
Violent Crime Control and Law Enforcement Act of 1994, the Ounce of
Prevention Council Chair, only at the request of the Council member with
jurisdiction over that program, may coordinate that program, in whole
or in part, through the Council.
- (c) ADMINISTRATIVE RESPONSIBILITIES AND POWERS- In addition to
the program coordination provided in subsection (b), the Council shall
be responsible for such functions as coordinated planning, development
of a comprehensive crime prevention program catalogue, provision of
assistance to communities and community-based organizations seeking
information regarding crime prevention programs and integrated program
service delivery, and development of strategies for program integration
and grant simplification. The Council shall have the authority to audit
the expenditure of funds received by grantees under programs
administered by or coordinated through the Council. In consultation with
the Council, the Chair may issue regulations and guidelines to carry
out this subtitle and programs administered by or coordinated through
the Council.
SEC. 30102. OUNCE OF PREVENTION GRANT PROGRAM.
- (a) IN GENERAL- The Council may make grants for--
- (1) summer and after-school (including weekend and holiday) education and recreation programs;
- (2) mentoring, tutoring, and other programs involving participation by adult role models (such as D.A.R.E. America);
- (3) programs assisting and promoting employability and job placement; and
- (4) prevention and treatment programs to reduce substance
abuse, child abuse, and adolescent pregnancy, including outreach
programs for at-risk families.
- (b) APPLICANTS- Applicants may be Indian tribal governments,
cities, counties, or other municipalities, school boards, colleges and
universities, private nonprofit entities, or consortia of eligible
applicants. Applicants must show that a planning process has occurred
that has involved organizations, institutions, and residents of target
areas, including young people, and that there has been cooperation
between neighborhood-based entities, municipality-wide bodies, and local
private-sector representatives. Applicants must demonstrate the
substantial involvement of neighborhood-based entities in the carrying
out of the proposed activities. Proposals must demonstrate that a broad
base of collaboration and coordination will occur in the implementation
of the proposed activities, involving cooperation among youth-serving
organizations, schools, health and social service providers, employers,
law enforcement professionals, local government, and residents of target
areas, including young people. Applications shall be geographically
based in particular 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 determination that a
waiver is equitable in view of the financial circumstances affecting the
ability of the applicant to meet that requirement.
- (3) NON-FEDERAL SHARE- The non-Federal share of such costs
may be in cash or in kind, fairly evaluated, including plant,
equipment, and services.
- (4) NONSUPPLANTING REQUIREMENT- Funds made available under
this title to a governmental entity shall not be used to supplant State
or local funds, or in the case of Indian tribal governments, funds
supplied by the Bureau of Indian Affairs, but shall be used to increase
the amount of funds that would, in the absence of Federal funds received
under this title, be made available from State or local sources, or in
the case of Indian tribal governments, from funds supplied by the Bureau
of Indian Affairs.
- (5) EVALUATION- The Council shall conduct a thorough evaluation of the programs assisted under this title.
SEC. 30103. DEFINITION.
- In this subtitle, `Indian tribe' means a tribe, band, pueblo,
nation, or other organized group or community of Indians, including an
Alaska Native village (as defined in or established under the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that is
recognized as eligible for the special programs and services provided by
the United States to Indians because of their status as Indians.
SEC. 30104. AUTHORIZATION OF APPROPRIATIONS.
- There are authorized to be appropriated to carry out this subtitle--
- (1) $1,500,000 for fiscal year 1995;
- (2) $14,700,000 for fiscal year 1996;
- (3) $18,000,000 for fiscal year 1997;
- (4) $18,000,000 for fiscal year 1998;
- (5) $18,900,000 for fiscal year 1999; and
- (6) $18,900,000 for fiscal year 2000.
Subtitle B--Local Crime Prevention Block Grant Program
SEC. 30201. PAYMENTS TO LOCAL GOVERNMENTS.
- (a) PAYMENT AND USE-
- (1) PAYMENT- The Attorney General, shall pay to each unit
of general local government which qualifies for a payment under this
subtitle an amount equal to the sum of any amounts allocated to the
government under this subtitle for each payment period. The Attorney
General shall pay such amount from amounts appropriated under section
30202.
- (2) USE- Amounts paid to a unit of general local
government under this section shall be used by that unit for carrying
out one or more of the following purposes:
- (A) Education, training, research, prevention,
diversion, treatment, and rehabilitation programs to prevent juvenile
violence, juvenile gangs, and the use and sale of illegal drugs by
juveniles.
- (B) Programs to prevent crimes against the elderly based on the concepts of the Triad model.
- (C) Programs that prevent young children from becoming
gang involved, including the award of grants or contracts to
community-based service providers that have a proven track record of
providing services to children ages 5 to 18.
- (D) Saturation jobs programs, offered either
separately or in conjunction with the services provided for under the
Youth Fair Chance Program, that provide employment opportunities leading
to permanent unsubsidized employment for disadvantaged young adults 16
through 25 years of age.
- (E) Midnight sports league programs that shall require
each player in the league to attend employment counseling, job
training, and other educational classes provided under the program,
which shall be held in conjunction with league sports games at or near
the site of the games.
- (F) Supervised sports and recreation programs,
including Olympic Youth Development Centers established in cooperation
with the United States Olympic Committee, that are offered--
- (i) after school and on weekends and holidays, during the school year; and
- (ii) as daily (or weeklong) full-day programs (to
the extent available resources permit) or as part-day programs, during
the summer months.
- (G) Prevention and enforcement programs to reduce--
- (i) the formation or continuation of juvenile gangs; and
- (ii) the use and sale of illegal drugs by juveniles.
- (H) Youth anticrime councils to give intermediate and
secondary school students a structured forum through which to work with
community organizations, law enforcement officials, government and media
representatives, and school administrators and faculty to address
issues regarding youth and violence.
- (I) Award of grants or contracts to the Boys and Girls
Clubs of America, a national nonprofit youth organization, to establish
Boys and Girls Clubs in public housing.
- (J) Supervised visitation centers for children who
have been removed from their parents and placed outside the home as a
result of abuse or neglect or other risk of harm to them and for
children whose parents are separated or divorced and the children are at
risk because--
- (i) there is documented sexual, physical, or emotional abuse as determined by a court of competent jurisdiction;
- (ii) there is suspected or elevated risk of
sexual, physical, or emotional abuse, or there have been threats of
parental abduction of the child;
- (iii) due to domestic violence, there is an ongoing risk of harm to a parent or child;
- (iv) a parent is impaired because of substance abuse or mental illness;
- (v) there are allegations that a child is at risk
for any of the reasons stated in clauses (i), (ii), (iii), and (iv),
pending an investigation of the allegations; or
- (vi) other circumstances, as determined by a court of competent jurisdiction, point to the existence of such a risk.
- (K) Family Outreach Teams which provide a youth
worker, a parent worker, and a school-parent organizer to provide
training in outreach, mentoring, community organizing and peer
counseling and mentoring to locally recruited volunteers in a particular
area.
- (L) To establish corridors of safety for senior
citizens by increasing the numbers, presence, and watchfulness of law
enforcement officers, community groups, and business owners and
employees.
- (M) Teams or units involving both specially trained
law enforcement professionals and child or family services professionals
that on a 24-hour basis respond to or deal with violent incidents in
which a child is involved as a perpetrator, witness, or victim.
- (N) Dwelling units to law enforcement officers without
charge or at a substantially reduced rent for the purpose of providing
greater security for residents of high crime areas.
- (b) TIMING OF PAYMENTS- The Attorney General shall pay each
amount allocated under this subtitle to a unit of general local
government for a payment period by the later of 90 days after the date
the amount is available or the first day of the payment period if the
unit of general local government has provided the Attorney General with
the assurances required by section 30203(d).
- (c) ADJUSTMENTS-
- (1) IN GENERAL- Subject to paragraph (2), the Attorney
General shall adjust a payment under this subtitle to a unit of general
local government to the extent that a prior payment to the government
was more or less than the amount required to be paid.
- (2) CONSIDERATIONS- The Attorney General may increase or
decrease under this subsection a payment to a unit of general local
government only if the Attorney General determines the need for the
increase or decrease, or the unit requests the increase or decrease,
within one year after the end of the payment period for which the
payment was made.
- (d) RESERVATION FOR ADJUSTMENTS- The Attorney General may
reserve a percentage of not more than 2 percent of the amount under this
section for a payment period for all units of general local government
in a State if the Attorney General considers the reserve is necessary to
ensure the availability of sufficient amounts to pay adjustments after
the final allocation of amounts among the units of general local
government in the State.
- (e) REPAYMENT OF UNEXPENDED AMOUNTS-
- (1) REPAYMENT REQUIRED- A unit of general local government
shall repay to the Attorney General, by not later than 15 months after
receipt from the Attorney General, any amount that is--
- (A) paid to the unit from amounts appropriated under the authority of this section; and
- (B) not expended by the unit within one year after receipt from the Attorney General.
- (2) PENALTY FOR FAILURE TO REPAY- If the amount required
to be repaid is not repaid, the Attorney General shall reduce payments
in future payment periods accordingly.
- (3) DEPOSIT OF AMOUNTS REPAID- Amounts received by the
Attorney General as repayments under this subsection shall be deposited
in a designated fund for future payments to units of general local
government.
- (f) NONSUPPLANTING REQUIREMENT- Funds made available under
this subtitle to units of local government shall not be used to supplant
State or local funds, but will be used to increase the amount of funds
that would, in the absence of funds under this subtitle, be made
available from State or local sources.
SEC. 30202. AUTHORIZATION OF APPROPRIATIONS.
- (a) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this subtitle--
- (1) $75,940,000 for fiscal year 1996;
- (2) $75,940,000 for fiscal year 1997;
- (3) $75,940,000 for fiscal year 1998;
- (4) $75,940,000 for fiscal year 1999; and
- (5) $73,240,000 for fiscal year 2000.
- Such sums are to remain available until expended.
- (b) ADMINISTRATIVE COSTS- Up to 2.5 percent of the amount
authorized to be appropriated under subsection (b) is authorized to be
appropriated for the period fiscal year 1995 through fiscal year 2000 to
be available for administrative costs by the Attorney General in
furtherance of the purposes of the program. Such sums are to remain
available until expended.
SEC. 30203. QUALIFICATION FOR PAYMENT.
- (a) IN GENERAL- The Attorney General shall issue regulations
establishing procedures under which eligible units of general local
government are required to provide notice to the Attorney General of the
units' proposed use of assistance under this subtitle.
- (b) GENERAL REQUIREMENTS FOR QUALIFICATION- A unit of general
local government qualifies for a payment under this subtitle for a
payment period only after establishing to the satisfaction of the
Attorney General that--
- (1) the government will establish a trust fund in which the government will deposit all payments received under this subtitle;
- (2) the government will use amounts in the trust fund (including interest) during a reasonable period;
- (3) the government will expend the payments so received,
in accordance with the laws and procedures that are applicable to the
expenditure of revenues of the government;
- (4) if at least 25 percent of the pay of individuals
employed by the government in a public employee occupation is paid out
of the trust fund, individuals in the occupation any part of whose pay
is paid out of the trust fund will receive pay at least equal to the
prevailing rate of pay for individuals employed in similar public
employee occupations by the government;
- (5) the government will use accounting, audit, and fiscal
procedures that conform to guidelines which shall be prescribed by the
Attorney General after consultation with the Comptroller General of the
United States. As applicable, amounts received under this subtitle shall
be audited in compliance with the Single Audit Act of 1984;
- (6) after reasonable notice to the government, the
government will make available to the Attorney General and the
Comptroller General of the United States, with the right to inspect,
records the Attorney General reasonably requires to review compliance
with this subtitle or the Comptroller General of the United States
reasonably requires to review compliance and operations;
- (7) the government will make reports the Attorney General
reasonably requires, in addition to the annual reports required under
this subtitle; and
- (8) the government will spend the funds only for the purposes set forth in section 30201(a)(2).
- (c) REVIEW BY GOVERNORS- A unit of general local government
shall give the chief executive officer of the State in which the
government is located an opportunity for review and comment before
establishing compliance with subsection (d).
- (d) SANCTIONS FOR NONCOMPLIANCE-
- (1) IN GENERAL- If the Attorney General decides that a
unit of general local government has not complied substantially with
subsection (b) or regulations prescribed under subsection (b), the
Attorney General shall notify the government. The notice shall state
that if the government does not take corrective action by the 60th day
after the date the government receives the notice, the Attorney General
will withhold additional payments to the government for the current
payment period and later payment periods until the Attorney General is
satisfied that the government--
- (A) has taken the appropriate corrective action; and
- (B) will comply with subsection (b) and regulations prescribed under subsection (b).
- (2) NOTICE- Before giving notice under paragraph (1), the
Attorney General shall give the chief executive officer of the unit of
general local government reasonable notice and an opportunity for
comment.
- (3) PAYMENT CONDITIONS- The Attorney General may make a
payment to a unit of general local government notified under paragraph
(1) only if the Attorney General is satisfied that the government--
- (A) has taken the appropriate corrective action; and
- (B) will comply with subsection (b) and regulations prescribed under subsection (b).
SEC. 30204. ALLOCATION AND DISTRIBUTION OF FUNDS.
- (a) STATE DISTRIBUTION- For each payment period, the Attorney
General shall allocate out of the amount appropriated for the period
under the authority of section 30202--
- (1) 0.25 percent to each State; and
- (2) of the total amount of funds remaining after
allocation under paragraph (1), an amount that is equal to the ratio
that the number of part 1 violent crimes reported by such State to the
Federal Bureau of Investigation for 1993 bears to the number of part 1
violent crimes reported by all States to the Federal Bureau of
Investigation for 1993.
- (b) LOCAL DISTRIBUTION- (1) The Attorney General shall
allocate among the units of general local government in a State the
amount allocated to the State under paragraphs (1) and (2) of subsection
(a).
- (2) The Attorney General shall allocate to each unit of
general local government an amount which bears the ratio that the number
of part 1 violent crimes reported by such unit to the Federal Bureau of
Investigation for 1993 bears to the number of part 1 violent crimes
reported by all units in the State in which the unit is located to the
Federal Bureau of Investigation for 1993 multiplied by the ratio of the
population living in all units in the State in which the unit is located
that reported part 1 violent crimes to the Federal Bureau of
Investigation for 1993 bears to the population of the State; or if such
data are not available for a unit, the ratio that the population of such
unit bears to the population of all units in the State in which the
unit is located for which data are not available multiplied by the ratio
of the population living in units in the State in which the unit is
located for which data are not available bears to the population of the
State.
- (3) If under paragraph (2) a unit is allotted less than $5,000
for the payment period, the amount allotted shall be transferred to the
Governor of the State who shall equitably distribute the allocation to
all such units or consortia thereof.
- (4) If there is in a State a unit of general local government
that has been incorporated since the date of the collection of the data
used by the Attorney General in making allocations pursuant to this
section, the Attorney General shall allocate to this newly incorporated
local government, out of the amount allocated to the State under this
section, an amount bearing the same ratio to the amount allocated to the
State as the population of the newly incorporated local government
bears to the population of the State. If there is in the State a unit of
general local government that has been annexed since the date of the
collection of the data used by the Attorney General in making
allocations pursuant to this section, the Attorney General shall pay the
amount that would have been allocated to this local government to the
unit of general local government that annexed it.
- (c) UNAVAILABILITY OF INFORMATION- For purposes of this
section, if data regarding part 1 violent crimes in any State for 1993
is unavailable or substantially inaccurate, the Attorney General shall
utilize the best available comparable data regarding the number of
violent crimes for 1993 for such State for the purposes of allocation of
any funds under this subtitle.
SEC. 30205. UTILIZATION OF PRIVATE SECTOR.
- Funds or a portion of funds allocated under this subtitle may
be utilized to contract with private, nonprofit entities or
community-based organizations to carry out the uses specified under
section 30201(a)(2).
SEC. 30206. PUBLIC PARTICIPATION.
- A unit of general local government expending payments under
this subtitle shall hold at least one public hearing on the proposed use
of the payment in relation to its entire budget. At the hearing,
persons shall be given an opportunity to provide written and oral views
to the governmental authority responsible for enacting the budget and to
ask questions about the entire budget and the relation of the payment
to the entire budget. The government shall hold the hearing at a time
and a place that allows and encourages public attendance and
participation.
SEC. 30207. ADMINISTRATIVE PROVISIONS.
- The administrative provisions of part H of the Omnibus Crime
Control and Safe Streets Act of 1968, shall apply to the Attorney
General for purposes of carrying out this subtitle.
SEC. 30208. DEFINITIONS.
- For purposes of this subtitle:
- (1) The term `unit of general local government' means--
- (A) a county, township, city, or political subdivision
of a county, township, or city, that is a unit of general local
government as determined by the Secretary of Commerce for general
statistical purposes; and
- (B) the District of Columbia and the recognized
governing body of an Indian tribe or Alaskan Native village that carries
out substantial governmental duties and powers.
- (2) The term `payment period' means each 1-year period beginning on October 1 of the years 1995 through 2000.
- (3) The term `State' means any State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, American Samoa, Guam, and the Northern Mariana Islands, except
that American Samoa, Guam, and the Northern Mariana Islands shall be
considered as one State and that, for purposes of 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).
- (b) PRIORITY- In awarding grants under subsection (a), the Attorney General shall give priority to proposals that--
- (1) are innovative in approach to the prevention of crime in a specific area;
- (2) vary in approach to ensure that comparisons of different models may be made; and
- (3) coordinate crime prevention programs funded under this
program with other existing Federal programs to address the overall
needs of communities that benefit from grants received under this title.
SEC. 30302. USES OF FUNDS.
- (a) IN GENERAL- Funds awarded under this subtitle may be used
only for purposes described in an approved application. The intent of
grants under this subtitle is to fund intensively comprehensive crime
prevention programs in chronic high intensive crime areas.
- (b) GUIDELINES- The Attorney General shall issue and publish
in the Federal Register guidelines that describe suggested purposes for
which funds under approved programs may be used.
- (c) EQUITABLE DISTRIBUTION OF FUNDS- In disbursing funds under
this subtitle, the Attorney General shall ensure the distribution of
awards equitably on a geographic basis, including urban and rural areas
of varying population and geographic size.
SEC. 30303. PROGRAM REQUIREMENTS.
- (a) DESCRIPTION- An applicant shall include a description of
the distinctive factors that contribute to chronic violent crime within
the area proposed to be served by the grant. Such factors may include
lack of alternative activities and programs for youth, deterioration or
lack of public facilities, inadequate public services such as public
transportation, street lighting, community-based substance abuse
treatment facilities, or employment services offices, and inadequate
police or public safety services, equipment, or facilities.
- (b) COMPREHENSIVE PLAN- An applicant shall include a
comprehensive, community-based plan to attack intensively the principal
factors identified in subsection (a). Such plans shall describe the
specific purposes for which funds are proposed to be used and how each
purpose will address specific factors. The plan also shall specify how
local nonprofit organizations, government agencies, private businesses,
citizens groups, volunteer organizations, and interested citizens will
cooperate in carrying out the purposes of the grant.
- (c) EVALUATION- An applicant shall include an evaluation plan
by which the success of the plan will be measured, including the
articulation of specific, objective indicia of performance, how the
indicia will be evaluated, and a projected timetable for carrying out
the evaluation.
SEC. 30304. APPLICATIONS.
- To request a grant under this subtitle the chief local elected official of an area shall--
- (1) prepare and submit to the Attorney General an
application in such form, at such time, and in accordance with such
procedures, as the Attorney General shall establish; and
- (2) provide an assurance that funds received under this
subtitle shall be used to supplement, not supplant, non-Federal funds
that would otherwise be available for programs funded under this
subtitle.
SEC. 30305. REPORTS.
- Not later than December 31, 1998, the Attorney General shall
prepare and submit to the Committees on the Judiciary of the House and
Senate an evaluation of the model programs developed under this subtitle
and make recommendations regarding the implementation of a national
crime prevention program.
SEC. 30306. DEFINITIONS.
- In this subtitle--
- `chief local elected official' means an official
designated under regulations issued by the Attorney General. The
criteria used by the Attorney General in promulgating such regulations
shall ensure administrative efficiency and accountability in the
expenditure of funds and execution of funded projects under this
subtitle.
- `chronic high intensity crime area' means an area meeting
criteria adopted by the Attorney General by regulation that, at a
minimum, define areas with--
- (A) consistently high rates of violent crime as reported in the Federal Bureau of Investigation's `Uniform Crime Reports', and
- (B) chronically high rates of poverty as determined by the Bureau of the Census.
- `State' means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands, American
Samoa, Guam, and the Northern Mariana Islands.
SEC. 30307. AUTHORIZATION OF APPROPRIATIONS.
- There are authorized to be appropriated to carry out this subtitle--
- (1) $100,000,000 for fiscal year 1996;
- (2) $125,100,000 for fiscal year 1997;
- (3) $125,100,000 for fiscal year 1998;
- (4) $125,100,000 for fiscal year 1999; and
- (5) $150,200,000 for fiscal year 2000.
Subtitle D--Family and Community Endeavor Schools Grant Program
SEC. 30401. COMMUNITY SCHOOLS YOUTH SERVICES AND SUPERVISION GRANT PROGRAM.
- (a) SHORT TITLE- This section may be cited as the `Community
Schools Youth Services and Supervision Grant Program Act of 1994'.
- (b) DEFINITIONS- In this section--
- `child' means a person who is not younger than 5 and not older than 18 years old.
- `community-based organization' means a private, locally initiated, community-based organization that--
- (A) is a nonprofit organization, as defined in section
103(23) of the Juvenile Justice and Delinquency Prevention Act of 1974
(42 U.S.C. 5603(23)); and
- (B) is operated by a consortium of service providers,
consisting of representatives of 5 or more of the following categories
of persons:
- (i) Residents of the community.
- (ii) Business and civic leaders actively involved
in providing employment and business development opportunities in the
community.
- (iii) Educators.
- (iv) Religious organizations (which shall not
provide any sectarian instruction or sectarian worship in connection
with an activity funded under this title).
- (v) Law enforcement agencies.
- (vi) Public housing agencies.
- (vii) Other public agencies.
- (viii) Other interested parties.
- `eligible community' means an area identified pursuant to subsection (e).
- `Indian tribe' means a tribe, band, pueblo, nation, or
other organized group or community of Indians, including an Alaska
Native village (as defined in or established under the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is recognized as
eligible for the special programs and services provided by the United
States to Indians because of their status as Indians.
- `poverty line' means the income official poverty line (as
defined by the Office of Management and Budget, and revised annually in
accordance with section 673(2) of the Community Services Block Grant Act
(42 U.S.C. 9902(2)) applicable to a family of the size involved.
- `public school' means a public elementary school, as
defined in section 1201(i) of the Higher Education Act of 1965 (20
U.S.C. 1141(i)), and a public secondary school, as defined in section
1201(d) of that Act.
- `Secretary' means the Secretary of Health and Human Services, in consultation and coordination with the Attorney General.
- `State' means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, American Samoa, Guam, and the United States Virgin Islands.
- (c) PROGRAM AUTHORITY-
- (1) IN GENERAL-
- (A) ALLOCATIONS FOR STATES AND INDIAN COUNTRY- For any
fiscal year in which the sums appropriated to carry out this section
equal or exceed $20,000,000, from the sums appropriated to carry out
this subsection, the Secretary shall allocate, for grants under
subparagraph (B) to community-based organizations in each State, an
amount bearing the same ratio to such sums as the number of children in
the State who are from families with incomes below the poverty line
bears to the number of children in all States who are from families with
incomes below the poverty line. In view of the extraordinary need for
assistance in Indian country, an appropriate amount of funds available
under this subtitle shall be made available for such grants in Indian
country.
- (B) GRANTS TO COMMUNITY-BASED ORGANIZATIONS FROM
ALLOCATIONS- For such a fiscal year, the Secretary may award grants from
the appropriate State or Indian country allocation determined under
subparagraph (A) on a competitive basis to eligible community-based
organizations to pay for the Federal share of assisting eligible
communities to develop and carry out programs in accordance with this
section.
- (C) REALLOCATION- If, at the end of such a fiscal
year, the Secretary determines that funds allocated for community-based
organizations in a State or Indian country under subparagraph (B) remain
unobligated, the Secretary may use such funds to award grants to
eligible community-based organizations in another State or Indian
country to pay for such Federal share. In awarding such grants, the
Secretary shall consider the need to maintain geographic diversity among
the recipients of such grants. Amounts made available through such
grants shall remain available until expended.
- (2) OTHER FISCAL YEARS- For any fiscal year in which the
sums appropriated to carry out this section are less than $20,000,000,
the Secretary may award grants on a competitive basis to eligible
community-based organizations to pay for the Federal share of assisting
eligible communities to develop and carry out programs in accordance
with this section.
- (3) ADMINISTRATIVE COSTS- The Secretary may use not more
than 3 percent of the funds appropriated to carry out this section in
any fiscal year for administrative costs.
- (d) PROGRAM REQUIREMENTS-
- (1) LOCATION- A community-based organization that receives
a grant under this section to assist in carrying out such a program
shall ensure that the program is carried out--
- (A) when appropriate, in the facilities of a public school during nonschool hours; or
- (B) in another appropriate local facility in a State
or Indian country, such as a college or university, a local or State
park or recreation center, church, or military base, that is--
- (i) in a location that is easily accessible to children in the community; and
- (ii) in compliance with all applicable local ordinances.
- (2) USE OF FUNDS- Such community-based organization--
- (A) shall use funds made available through the grant
to provide, to children in the eligible community, services and
activities that--
- (i) shall include supervised sports programs, and extracurricular and academic programs, that are offered--
- (I) after school and on weekends and holidays, during the school year; and
- (II) as daily full-day programs (to the extent available resources permit) or as part-day programs, during the summer months;
- (B) in providing such extracurricular and academic
programs, shall provide programs such as curriculum-based supervised
educational, work force preparation, entrepreneurship, cultural, health
programs, social activities, arts and crafts programs, dance programs,
tutorial and mentoring programs, and other related activities;
- (C) may use--
- (i) such funds for minor renovation of facilities
that are in existence prior to the operation of the program and that are
necessary for the operation of the program for which the organization
receives the grant, purchase of sporting and recreational equipment and
supplies, reasonable costs for the transportation of participants in the
program, hiring of staff, provision of meals for such participants,
provision of health services consisting of an initial basic physical
examination, provision of first aid and nutrition guidance, family
counselling, parental training, and substance abuse treatment where
appropriate; and
- (ii) not more than 5 percent of such funds to pay for the administrative costs of the program; and
- (D) may not use such funds to provide sectarian worship or sectarian instruction.
- (e) ELIGIBLE COMMUNITY IDENTIFICATION-
- (1) IDENTIFICATION- To be eligible to receive a grant
under this section, a community-based organization shall identify an
eligible community to be assisted under this section.
- (2) CRITERIA- Such eligible community shall be an area
that meets such criteria with respect to significant poverty and
significant juvenile delinquency, and such additional criteria, as the
Secretary may by regulation require.
- (f) APPLICATIONS-
- (1) APPLICATION REQUIRED- To be eligible to receive a
grant under this section, a community-based organization shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information, as the Secretary may reasonably
require, and obtain approval of such application.
- (2) CONTENTS OF APPLICATION- Each application submitted pursuant to paragraph (1) shall--
- (A) describe the activities and services to be provided through the program for which the grant is sought;
- (B) contain an assurance that the community-based
organization will spend grant funds received under this section in a
manner that the community-based organization determines will best
accomplish the objectives of this section;
- (C) contain a comprehensive plan for the program that
is designed to achieve identifiable goals for children in the eligible
community;
- (D) set forth measurable goals and outcomes for the program that--
- (i) will--
- (I) where appropriate, make a public school the focal point of the eligible community; or
- (II) make a local facility described in subsection (d)(1)(B) such a focal point; and
- (ii) may include reducing the percentage of
children in the eligible community that enter the juvenile justice
system, increasing the graduation rates, school attendance, and academic
success of children in the eligible community, and improving the skills
of program participants;
- (E) provide evidence of support for accomplishing such goals and outcomes from--
- (i) community leaders;
- (ii) businesses;
- (iii) local educational agencies;
- (iv) local officials;
- (v) State officials;
- (vi) Indian tribal government officials; and
- (vii) other organizations that the community-based organization determines to be appropriate;
- (F) contain an assurance that the community-based
organization will use grant funds received under this section to provide
children in the eligible community with activities and services that
shall include supervised sports programs, and extracurricular and
academic programs, in accordance with subparagraphs (A) and (B) of
subsection (d)(2);
- (G) contain a list of the activities and services that
will be offered through the program for which the grant is sought and
sponsored by private nonprofit organizations, individuals, and groups
serving the eligible community, including--
- (i) extracurricular and academic programs, such as programs described in subsection (d)(2)(B); and
- (ii) activities that address specific needs in the community;
- (H) demonstrate the manner in which the
community-based organization will make use of the resources, expertise,
and commitment of private entities in carrying out the program for which
the grant is sought;
- (I) include an estimate of the number of children in the eligible community expected to be served pursuant to the program;
- (J) include a description of charitable private
resources, and all other resources, that will be made available to
achieve the goals of the program;
- (K) contain an assurance that the community-based
organization will use competitive procedures when purchasing,
contracting, or otherwise providing for goods, activities, or services
to carry out programs under this section;
- (L) contain an assurance that the program will
maintain a staff-to-participant ratio (including volunteers) that is
appropriate to the activity or services provided by the program;
- (M) contain an assurance that the program will
maintain an average attendance rate of not less than 75 percent of the
participants enrolled in the program, or will enroll additional
participants in the program;
- (N) contain an assurance that the community-based
organization will comply with any evaluation under subsection (m), any
research effort authorized under Federal law, and any investigation by
the Secretary;
- (O) contain an assurance that the community-based
organization shall prepare and submit to the Secretary an annual report
regarding any program conducted under this section;
- (P) contain an assurance that the program for which
the grant is sought will, to the maximum extent possible, incorporate
services that are provided solely through non-Federal private or
nonprofit sources; and
- (Q) contain an assurance that the community-based organization will maintain separate accounting records for the program.
- (3) PRIORITY- In awarding grants to carry out programs
under this section, the Secretary shall give priority to community-based
organizations who submit applications that demonstrate the greatest
effort in generating local support for the programs.
- (g) ELIGIBILITY OF PARTICIPANTS-
- (1) IN GENERAL- To the extent possible, each child who
resides in an eligible community shall be eligible to participate in a
program carried out in such community that receives assistance under
this section.
- (2) ELIGIBILITY- To be eligible to participate in a
program that receives assistance under this section, a child shall
provide the express written approval of a parent or guardian, and shall
submit an official application and agree to the terms and conditions of
participation in the program.
- (3) NONDISCRIMINATION- In selecting children to
participate in a program that receives assistance under this section, a
community-based organization shall not discriminate on the basis of
race, color, religion, sex, national origin, or disability.
- (h) PEER REVIEW PANEL-
- (1) ESTABLISHMENT- The Secretary may establish a peer
review panel that shall be comprised of individuals with demonstrated
experience in designing and implementing community-based programs.
- (2) COMPOSITION- A peer review panel shall include at least 1 representative from each of the following:
- (A) A community-based organization.
- (B) A local government.
- (C) A school district.
- (D) The private sector.
- (E) A charitable organization.
- (F) A representative of the United States Olympic Committee, at the option of the Secretary.
- (3) FUNCTIONS- A peer review panel shall conduct the
initial review of all grant applications received by the Secretary under
subsection (f), make recommendations to the Secretary regarding--
- (A) grant funding under this section; and
- (B) a design for the evaluation of programs assisted under this section.
- (i) INVESTIGATIONS AND INSPECTIONS- The Secretary may conduct
such investigations and inspections as may be necessary to ensure
compliance with the provisions of this section.
- (j) PAYMENTS; FEDERAL SHARE; NON-FEDERAL SHARE-
- (1) PAYMENTS- The Secretary shall, subject to the
availability of appropriations, pay to each community-based organization
having an application approved under subsection (f) the Federal share
of the costs of developing and carrying out programs described in
subsection (c).
- (2) FEDERAL SHARE- The Federal share of such costs shall be no more than--
- (A) 75 percent for each of fiscal years 1995 and 1996;
- (B) 70 percent for fiscal year 1997; and
- (C) 60 percent for fiscal year 1998 and thereafter.
- (3) NON-FEDERAL SHARE-
- (A) IN GENERAL- The non-Federal share of such costs
may be in cash or in kind, fairly evaluated, including plant, equipment,
and services (including the services described in subsection
(f)(2)(P)), and funds appropriated by the Congress for the activity of
any agency of an Indian tribal government or the Bureau of Indian
Affairs on any Indian lands may be used to provide the non-Federal share
of the costs of programs or projects funded under this subtitle.
- (B) SPECIAL RULE- At least 15 percent of the
non-Federal share of such costs shall be provided from private or
nonprofit sources.
- (k) EVALUATION- The Secretary shall conduct a thorough
evaluation of the programs assisted under this section, which shall
include an assessment of--
- (1) the number of children participating in each program assisted under this section;
- (2) the academic achievement of such children;
- (3) school attendance and graduation rates of such children; and
- (4) the number of such children being processed by the juvenile justice system.
SEC. 30402. FAMILY AND COMMUNITY ENDEAVOR SCHOOLS GRANT PROGRAM.
- (a) SHORT TITLE- This section may be cited as the `Family and Community Endeavor Schools Act'.
- (b) PURPOSE- It is the purpose of this section to improve the
overall development of at-risk children who reside in eligible
communities as defined in subsection (l)(3).
- (c) PROGRAM AUTHORITY- The Secretary may award grants on a
competitive basis to eligible local entities to pay for the Federal
share of assisting eligible communities to develop and carry out
programs in accordance with this section. No local entity shall receive a
grant of less than $250,000 in a fiscal year. Amounts made available
through such grants shall remain available until expended.
- (d) PROGRAM REQUIREMENTS-
- (1) IMPROVEMENT PROGRAMS- A local entity that receives
funds under this section shall develop or expand programs that are
designed to improve academic and social development by instituting a
collaborative structure that trains and coordinates the efforts of
teachers, administrators, social workers, guidance counselors, parents,
and school volunteers to provide concurrent social services for at-risk
students at selected public schools in eligible communities.
- (2) OPTIONAL ACTIVITIES- A local entity that receives
funds under this section may develop a variety of programs to serve the
comprehensive needs of students, including--
- (A) homework assistance and after-school programs, including educational, social, and athletic activities;
- (B) nutrition services;
- (C) mentoring programs;
- (D) family counseling; and
- (E) parental training programs.
- (e) ELIGIBLE COMMUNITY IDENTIFICATION- The Secretary through
regulation shall define the criteria necessary to qualify as an eligible
community as defined in subsection (l)(3).
- (f) GRANT ELIGIBILITY- To be eligible to receive a grant under this section, a local entity shall--
- (1) identify an eligible community to be assisted;
- (2) develop a community planning process that includes--
- (A) parents and family members;
- (B) local school officials;
- (C) teachers employed at schools within the eligible community;
- (D) public housing resident organization members, where applicable; and
- (E) public and private nonprofit organizations that
provide education, child protective services, or other human services to
low-income, at-risk children and their families; and
- (3) develop a concentrated strategy for implementation of
the community planning process developed under paragraph (2) that
targets clusters of at-risk children in the eligible community.
- (g) APPLICATIONS-
- (1) APPLICATION REQUIRED- To be eligible to receive a
grant under this section, a local entity shall submit an application to
the Secretary at such time, in such manner, and accompanied by such
information, as the Secretary may reasonably require, and obtain
approval of such application.
- (2) CONTENTS OF APPLICATION- Each application submitted under paragraph (1) shall--
- (A) contain a comprehensive plan for the program that
is designed to improve the academic and social development of at-risk
children in schools in the eligible community;
- (B) provide evidence of support for accomplishing the objectives of such plan from--
- (i) community leaders;
- (ii) a school district;
- (iii) local officials; and
- (iv) other organizations that the local entity determines to be appropriate;
- (C) provide an assurance that the local entity will
use grant funds received under this subsection to implement the program
requirements listed in subsection (d);
- (D) include an estimate of the number of children in the eligible community expected to be served under the program;
- (E) provide an assurance that the local entity will
comply with any evaluation requested under subsection (k), any research
effort authorized under Federal law, and any investigation by the
Secretary;
- (F) provide an assurance that the local entity shall
prepare and submit to the Secretary an annual report regarding any
program conducted under this section;
- (G) provide an assurance that funds made available
under this section shall be used to supplement, not supplant, other
Federal funds that would otherwise be available for activities funded
under this section; and
- (H) provide an assurance that the local entity will maintain separate accounting records for the program.
- (3) PRIORITY- In awarding grants to carry out programs
under this section, the Secretary shall give priority to local entities
which submit applications that demonstrate the greatest effort in
generating local support for the programs.
- (h) PEER REVIEW PANEL-
- (1) ESTABLISHMENT- The Secretary shall establish a peer
review panel not to exceed 8 members that shall be comprised of
individuals with demonstrated experience in designing and implementing
programs to improve the academic and social development of at-risk
children.
- (2) FUNCTIONS- Such panel shall make recommendations to the Secretary regarding--
- (A) an illustrative model that effectively achieves
the program requirements indicated in subsection (d) and a process
whereby local entities can request such model; and
- (B) a design for the evaluation of programs assisted under this section.
- (i) INVESTIGATIONS AND INSPECTIONS- The Secretary may conduct
such investigations and inspections as may be necessary to ensure
compliance with the provisions of this section.
- (j) FEDERAL SHARE-
- (1) PAYMENTS- The Secretary shall, subject to the
availability of appropriations, pay to each local entity having an
application approved under subsection (g) the Federal share of the costs
of developing and carrying out programs referred to in subsection (d).
- (2) FEDERAL SHARE- The Federal share of such costs shall be 70 percent.
- (3) NON-FEDERAL SHARE-
- (A) IN GENERAL- The non-Federal share of such costs
may be in cash or in kind, fairly evaluated, including personnel, plant,
equipment, and services.
- (B) SPECIAL RULE- Not less than 15 percent of the
non-Federal share of such costs shall be provided from private or
nonprofit sources.
- (k) EVALUATION- The Secretary shall require a thorough
evaluation of the programs assisted under this section, which shall
include an assessment of the academic and social achievement of children
assisted with funds provided under this section.
- (l) DEFINITIONS- For purposes of this section--
- (1) the term `Secretary' means the Secretary of the Department of Education;
- (2) the term `local entity' means--
- (A) a local educational agency, or
- (B) a community-based organization as defined in section 1471(3) of the Elementary and Secondary Education Act of 1965;
- (3) the term `eligible community' means an area which
meets criteria with respect to significant poverty and significant
violent crime, and such additional criteria, as the Secretary may by
regulation require; and
- (4) the term `public school' means an elementary school
(as defined in section 1471(8) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 2891(8))) and a secondary school (as defined in
section 1471(21) of that Act).
SEC. 30403. AUTHORIZATION OF APPROPRIATIONS.
- (a) IN GENERAL- There are authorized to be appropriated to carry out this subtitle--
- (1) $37,000,000 for fiscal year 1995;
- (2) $103,500,000 for fiscal year 1996;
- (3) $121,500,000 for fiscal year 1997;
- (4) $153,000,000 for fiscal year 1998;
- (5) $193,500,000 for fiscal year 1999; and
- (6) $201,500,000 for fiscal year 2000.
- (b) PROGRAMS- Of the amounts appropriated under subsection (a) for any fiscal year--
- (1) 70 percent shall be made available to carry out section 30401; and
- (2) 30 percent shall be made available to carry out section 30402.
Subtitle G--Assistance for Delinquent and At-Risk Youth
SEC. 30701. GRANT AUTHORITY.
- (a) GRANTS-
- (1) IN GENERAL- In order to prevent the commission of
crimes or delinquent acts by juveniles, the Attorney General may make
grants to public or private nonprofit organizations to support the
development and operation of projects to provide residential services to
youth, aged 11 to 19, who--
- (A) have dropped out of school;
- (B) have come into contact with the juvenile justice system; or
- (C) are at risk of dropping out of school or coming into contact with the juvenile justice system.
- (2) CONSULTATION WITH THE OUNCE OF PREVENTION COUNCIL- The
Attorney General may consult with the Ounce of Prevention Council in
making grants under paragraph (1).
- (3) SERVICES- Such services shall include activities designed to--
- (A) increase the self-esteem of such youth;
- (B) assist such youth in making healthy and responsible choices;
- (C) improve the academic performance of such youth
pursuant to a plan jointly developed by the applicant and the school
which each such youth attends or should attend; and
- (D) provide such youth with vocational and life skills.
- (b) APPLICATIONS-
- (1) IN GENERAL- A public agency or private nonprofit
organization which desires a grant under this section shall submit an
application at such time and in such manner as the Attorney General may
prescribe.
- (2) CONTENTS- An application under paragraph (1) shall include--
- (A) a description of the program developed by the applicant, including the activities to be offered;
- (B) a detailed discussion of how such program will prevent youth from committing crimes or delinquent acts;
- (C) evidence that such program--
- (i) will be carried out in facilities which meet applicable State and local laws with regard to safety;
- (ii) will include academic instruction, approved
by the State, Indian tribal government, or local educational agency,
which meets or exceeds State, Indian tribal government, and local
standards and curricular requirements; and
- (iii) will include instructors and other personnel
who possess such qualifications as may be required by applicable State
or local laws; and
- (D) specific, measurable outcomes for youth served by the program.
- (c) CONSIDERATION OF APPLICATIONS- Not later than 60 days
following the submission of applications, the Attorney General shall--
- (1) approve each application and disburse the funding for each such application; or
- (2) disapprove the application and inform the applicant of such disapproval and the reasons therefor.
- (d) REPORTS- A grantee under this section shall annually
submit a report to the Attorney General that describes the activities
and accomplishments of such program, including the degree to which the
specific youth outcomes are met.
- (e) DEFINITIONS- In this subtitle--
- `Indian tribe' means a tribe, band, pueblo, nation, or
other organized group or community of Indians, including Alaska Native
village (as defined in or established under the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.)), that is recognized as eligible
for the special programs and services provided by the United States to
Indians because of their status as Indians.
- `State' means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands, American
Samoa, Guam, and the Northern Mariana Islands.
SEC. 30702. AUTHORIZATION OF APPROPRIATIONS.
- There are authorized to be appropriated for grants under section 30701--
- (1) $5,400,000 for fiscal year 1996;
- (2) $6,300,000 for fiscal year 1997;
- (3) $7,200,000 for fiscal year 1998;
- (4) $8,100,000 for fiscal year 1999; and
- (5) $9,000,000 for fiscal year 2000.
Subtitle H--Police Recruitment
SEC. 30801. GRANT AUTHORITY.
- (a) GRANTS-
- (1) IN GENERAL- The Attorney General may make grants to
qualified community organizations to assist in meeting the costs of
qualified programs which are designed to recruit and retain applicants
to police departments.
- (2) CONSULTATION WITH THE OUNCE OF PREVENTION COUNCIL- The
Attorney General may consult with the Ounce of Prevention Council in
making grants under paragraph (1).
- (b) QUALIFIED COMMUNITY ORGANIZATIONS- An organization is a
qualified community organization which is eligible to receive a grant
under subsection (a) if the organization--
- (1) is a nonprofit organization; and
- (2) has training and experience in--
- (A) working with a police department and with teachers, counselors, and similar personnel,
- (B) providing services to the community in which the organization is located,
- (C) developing and managing services and techniques to
recruit individuals to become members of a police department and to
assist such individuals in meeting the membership requirements of police
departments,
- (D) developing and managing services and techniques to assist in the retention of applicants to police departments, and
- (E) developing other programs that contribute to the community.
- (c) QUALIFIED PROGRAMS- A program is a qualified program for
which a grant may be made under subsection (a) if the program is
designed to recruit and train individuals from underrepresented
neighborhoods and localities and if--
- (1) the overall design of the program is to recruit and retain applicants to a police department;
- (2) the program provides recruiting services which include
tutorial programs to enable individuals to meet police force academic
requirements and to pass entrance examinations;
- (3) the program provides counseling to applicants to
police departments who may encounter problems throughout the application
process; and
- (4) the program provides retention services to assist in
retaining individuals to stay in the application process of a police
department.
- (d) APPLICATIONS- To qualify for a grant under subsection (a),
a qualified organization shall submit an application to the Attorney
General in such form as the Attorney General may prescribe. Such
application shall--
- (1) include documentation from the applicant showing--
- (A) the need for the grant;
- (B) the intended use of grant funds;
- (C) expected results from the use of grant funds; and
- (D) demographic characteristics of the population to
be served, including age, disability, race, ethnicity, and languages
used; and
- (2) contain assurances satisfactory to the Attorney
General that the program for which a grant is made will meet the
applicable requirements of the program guidelines prescribed by the
Attorney General under subsection (i).
- (e) ACTION BY THE ATTORNEY GENERAL- Not later than 60 days
after the date that an application for a grant under subsection (a) is
received, the Attorney General shall consult with the police department
which will be involved with the applicant and shall--
- (1) approve the application and disburse the grant funds applied for; or
- (2) disapprove the application and inform the applicant
that the application is not approved and provide the applicant with the
reasons for the disapproval.
- (f) GRANT DISBURSEMENT- The Attorney General shall disburse
funds under a grant under subsection (a) in accordance with regulations
of the Attorney General which shall ensure--
- (1) priority is given to applications for areas and organizations with the greatest showing of need;
- (2) that grant funds are equitably distributed on a geographic basis; and
- (3) the needs of underserved populations are recognized and addressed.
- (g) GRANT PERIOD- A grant under subsection (a) shall be made for a period not longer than 3 years.
- (h) GRANTEE REPORTING- (1) For each year of a grant period for
a grant under subsection (a), the recipient of the grant shall file a
performance report with the Attorney General explaining the activities
carried out with the funds received and assessing the effectiveness of
such activities in meeting the purpose of the recipient's qualified
program.
- (2) If there was more than one recipient of a grant, each recipient shall file such report.
- (3) The Attorney General shall suspend the funding of a grant,
pending compliance, if the recipient of the grant does not file the
report required by this subsection or uses the grant for a purpose not
authorized by this section.
- (i) GUIDELINES- The Attorney General shall, by regulation,
prescribe guidelines on content and results for programs receiving a
grant under subsection (a). Such guidelines shall be designed to
establish programs which will be effective in training individuals to
enter instructional programs for police departments and shall include
requirements for--
- (1) individuals providing recruiting services;
- (2) individuals providing tutorials and other academic assistance programs;
- (3) individuals providing retention services; and
- (4) the content and duration of recruitment, retention,
and counseling programs and the means and devices used to publicize such
programs.
SEC. 30802. AUTHORIZATION OF APPROPRIATIONS.
- There are authorized to be appropriated for grants under section 30801--
- (1) $2,000,000 for fiscal year 1996;
- (2) $4,000,000 for fiscal year 1997;
- (3) $5,000,000 for fiscal year 1998;
- (4) $6,000,000 for fiscal year 1999; and
- (5) $7,000,000 for fiscal year 2000.
Subtitle J--Local Partnership Act
SEC. 31001. ESTABLISHMENT OF PAYMENT PROGRAM.
- (a) ESTABLISHMENT OF PROGRAM- Title 31, United States Code, is
amended by inserting after chapter 65 the following new chapter:
`CHAPTER 67--FEDERAL PAYMENTS
- `Sec.
- `6701. Payments to local governments.
- `6702. Local Government Fiscal Assistance Fund.
- `6703. Qualification for payment.
- `6704. State area allocations; allocations and payments to territorial governments.
- `6705. Local government allocations.
- `6706. Income gap multiplier.
- `6707. State variation of local government allocations.
- `6708. Adjustments of local government allocations.
- `6709. Information used in allocation formulas.
- `6710. Public participation.
- `6711. Prohibited discrimination.
- `6712. Discrimination proceedings.
- `6713. Suspension and termination of payments in discrimination proceedings.
- `6714. Compliance agreements.
- `6715. Enforcement by the Attorney General of prohibitions on discrimination.
- `6716. Civil action by a person adversely affected.
- `6717. Judicial review.
- `6718. Investigations and reviews.
- `6719. Reports.
- `6720. Definitions, application, and administration.
`Sec. 6701. Payments to local governments
- `(a) PAYMENT AND USE-
- `(1) PAYMENT- The Secretary shall pay to each unit of
general local government which qualifies for a payment under this
chapter an amount equal to the sum of any amounts allocated to the
government under this chapter for each payment period. The Secretary
shall pay such amount out of the Local Government Fiscal Assistance Fund
under section 6702.
- `(2) USE- Amounts paid to a unit of general local
government under this section shall be used by that unit for carrying
out one or more programs of the unit related to--
- `(A) education to prevent crime;
- `(B) substance abuse treatment to prevent crime; or
- `(C) job programs to prevent crime.
- `(3) COORDINATION- Programs funded under this title shall
be coordinated with other existing Federal programs to meet the overall
needs of communities that benefit from funds received under this
section.
- `(b) TIMING OF PAYMENTS- The Secretary shall pay each amount
allocated under this chapter to a unit of general local government for a
payment period by the later of 90 days after the date the amount is
available or the first day of the payment period provided that the unit
of general local government has provided the Secretary with the
assurances required by section 6703(d).
- `(c) ADJUSTMENTS-
- `(1) IN GENERAL- Subject to paragraph (2), the Secretary
shall adjust a payment under this chapter to a unit of general local
government to the extent that a prior payment to the government was more
or less than the amount required to be paid.
- `(2) CONSIDERATIONS- The Secretary may increase or
decrease under this subsection a payment to a unit of local government
only if the Secretary determines the need for the increase or decrease,
or the unit requests the increase or decrease, within one year after the
end of the payment period for which the payment was made.
- `(d) RESERVATION FOR ADJUSTMENTS- The Secretary may reserve a
percentage of not more than 2 percent of the amount under this section
for a payment period for all units of general local government in a
State if the Secretary considers the reserve is necessary to ensure the
availability of sufficient amounts to pay adjustments after the final
allocation of amounts among the units of general local government in the
State.
- `(e) REPAYMENT OF UNEXPENDED AMOUNTS-
- `(1) REPAYMENT REQUIRED- A unit of general local
government shall repay to the Secretary, by not later than 15 months
after receipt from the Secretary, any amount that is--
- `(A) paid to the unit from amounts appropriated under the authority of this section; and
- `(B) not expended by the unit within one year after receipt from the Secretary.
- `(2) PENALTY FOR FAILURE TO REPAY- If the amount required
to be repaid is not repaid, the Secretary shall reduce payments in
future payment periods accordingly.
- `(3) DEPOSIT OF AMOUNTS REPAID- Amounts received by the
Secretary as repayments under this subsection shall be deposited in the
Local Government Fiscal Assistance Fund for future payments to units of
general local government.
- `(f) EXPENDITURE WITH DISADVANTAGED BUSINESS ENTERPRISES-
- `(1) GENERAL RULE- Of amounts paid to a unit of general
local government under this chapter for a payment period, not less than
10 percent of the total combined amounts obligated by the unit for
contracts and subcontracts shall be expended with--
- `(A) small business concerns controlled by socially and economically disadvantaged individuals and women; and
- `(B) historically Black colleges and universities and
colleges and universities having a student body in which more than 20
percent of the students are Hispanic Americans or Native Americans.
- `(2) EXCEPTION- Paragraph (1) shall not apply to amounts
paid to a unit of general local government to the extent the unit
determines that the paragraph does not apply through a process that
provides for public participation.
- `(3) DEFINITIONS- For purposes of this subsection--
- `(A) the term `small business concern' has the meaning such term has under section 3 of the Small Business Act; and
- `(B) the term `socially and economically disadvantaged
individuals' has the meaning such term has under section 8(d) of the
Small Business Act and relevant subcontracting regulations promulgated
pursuant to that section.
- `(g) NONSUPPLANTING REQUIREMENT-
- `(1) IN GENERAL- Funds made available under this chapter
to units of local government shall not be used to supplant State or
local funds, but will be used to increase the amount of funds that
would, in the absence of funds under this chapter, be made available
from State or local sources.
- `(2) BASE LEVEL AMOUNT- The total level of funding
available to a unit of local government for accounts serving eligible
purposes under this chapter in the fiscal year immediately preceding
receipt of a grant under this chapter shall be designated the `base
level account' for the fiscal year in which 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.
`Sec. 6702. Local Government Fiscal Assistance Fund
- `(a) ADMINISTRATION OF FUND- The Department of the Treasury
has a Local Government Fiscal Assistance Fund, which consists of amounts
appropriated to the Fund.
- `(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Fund--
- `(1) $270,000,000 for fiscal year 1996;
- `(2) $283,500,000 for fiscal year 1997;
- `(3) $355,500,000 for fiscal year 1998;
- `(4) $355,500,000 for fiscal year 1999; and
- `(5) $355,500,000 for fiscal year 2000.
- Such sums are to remain available until expended.
- `(c) ADMINISTRATIVE COSTS- Up to 2.5 percent of the amount
authorized to be appropriated under subsection (b) is authorized to be
appropriated for the period fiscal year 1995 through fiscal year 2000 to
be available for administrative costs by the Secretary in furtherance
of the purposes of the program. Such sums are to remain available until
expended.
`Sec. 6703. Qualification for payment
- `(a) IN GENERAL- The Secretary shall issue regulations
establishing procedures under which eligible units of general local
government are required to provide notice to the Secretary of the units'
proposed use of assistance under this chapter. Subject to subsection
(c), the assistance provided shall be used, in amounts determined by the
unit, for activities under, or for activities that are substantially
similar to an activity under, 1 or more of the following programs and
the notice shall identify 1 or more of the following programs for each
such use:
- `(1) The Drug Abuse Resistance Education Program under section 5122 of the Elementary and Secondary Education Act of 1965.
- `(2) The National Youth Sports Program under section 682
of the Community Services Block Grant Act (Public Law 97-35) as amended
by section 205, Public Law 103-252.
- `(3) The Gang Resistance Education and Training Program
under the Act entitled `An Act making appropriations for the Treasury
Department, the United States Postal Service, the Executive Office of
the President, and certain Independent Agencies, for the fiscal year
ending September 30, 1991, and for other purposes', approved November 5,
1990 (Public Law 101-509).
- `(4) Programs under title II or IV of the Job Training Partnership Act (29 U.S.C. 1601 et seq.).
- `(5) Programs under subtitle C of title I of the National
and Community Service Act of 1990 (42 U.S.C. 12571 et seq.), as amended.
- `(6) Programs under the School to Work Opportunities Act (Public Law 103-239).
- `(7) Substance Abuse Treatment and Prevention programs
authorized under title V or XIX of the Public Health Services Act (43
U.S.C. 201 et seq.).
- `(8) Programs under the Head Start Act (42 U.S.C. 9831 et seq.).
- `(9) Programs under part A or B of chapter 1 of title I of the Elementary and Secondary Education Act of 1965.
- `(10) The TRIO programs under part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
- `(11) Programs under the National Literacy Act of 1991.
- `(12) Programs under the Carl Perkins Vocational Educational and Applied Technology Education Act (20 U.S.C. 2301 et seq.).
- `(13) The demonstration partnership programs including the
community initiative targeted to minority youth under section 203 of
the Human Services Reauthorization 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 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 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).
`Sec. 6704. State area allocations; allocations and payments to territorial governments
- `(a) FORMULA ALLOCATION BY STATE- For each payment period, the
Secretary shall allocate to each State out of the amount appropriated
for the period under the authority of section 6702(b) (minus the amounts
allocated to territorial governments under subsection (e) for the
payment period) an amount bearing the same ratio to the amount
appropriated (minus such amounts allocated under subsection (e)) as the
amount allocated to the State under this section bears to the total
amount allocated to all States under this section. The Secretary shall--
- `(1) determine the amount allocated to the State under
subsection (b) or (c) of this section and allocate the larger amount to
the State; and
- `(2) allocate the amount allocated to the State to units
of general local government in the State under sections 6705 and 6706.
- `(b) GENERAL FORMULA-
- `(1) IN GENERAL- For the payment period beginning October
1, 1994, the amount allocated to a State under this subsection for a
payment period is the amount bearing the same ratio to $5,300,000,000
as--
- `(A) the population of the State, multiplied by the
general tax effort factor of the State (determined under paragraph (2)),
multiplied by the relative income factor of the State (determined under
paragraph (3)), multiplied by the relative rate of the labor force
unemployed in the State (determined under paragraph (4)); bears to
- `(B) the sum of the products determined under subparagraph (A) of this paragraph for all States.
- `(2) GENERAL TAX EFFORT FACTOR- The general tax effort factor of a State for a payment period is--
- `(A) the net amount of State and local taxes of the
State collected during the year 1991 as reported by the Bureau of the
Census in the publication Government Finances 1990-1991; divided by
- `(B) the total income of individuals, as determined by
the Secretary of Commerce for national accounts purposes for 1992 as
reported in the publication Survey of Current Business (August 1993),
attributed to the State for the same year.
- `(3) RELATIVE INCOME FACTOR- The relative income factor of a State is a fraction in which--
- `(A) the numerator is the per capita income of the United States; and
- `(B) the denominator is the per capita income of the State.
- `(4) RELATIVE RATE OF LABOR FORCE- The relative rate of the labor force unemployed in a State is a fraction in which--
- `(A) the numerator is the percentage of the labor
force of the State that is unemployed in the calendar year preceding the
payment period (as determined by the Secretary of Labor for general
statistical purposes); and
- `(B) the denominator is the percentage of the labor
force of the United States that is unemployed in the calendar year
preceding the payment period (as determined by the Secretary of Labor
for general statistical purposes).
- `(c) ALTERNATIVE FORMULA- For the payment period beginning
October 1, 1994, the amount allocated to a State under this subsection
for a payment period is the total amount the State would receive if--
- `(1) $1,166,666,667 were allocated among the States on the
basis of population by allocating to each State an amount bearing the
same ratio to the total amount to be allocated under this paragraph as
the population of the State bears to the population of all States;
- `(2) $1,166,666,667 were allocated among the States on the
basis of population inversely weighted for per capita income, by
allocating to each State an amount bearing the same ratio to the
total amount to be allocated under this paragraph as--
- `(A) the population of the State, multiplied by a fraction in which--
- `(i) the numerator is the per capita income of all States; and
- `(ii) the denominator is the per capita income of the State; bears to
- `(B) the sum of the products determined under subparagraph (A) for all States;
- `(3) $600,000,000 were allocated among the States on the
basis of income tax collections by allocating to each State an amount
bearing the same ratio to the total amount to be allocated under this
paragraph as the income tax amount of the State (determined under
subsection (d)(1)) bears to the sum of the income tax amounts of all
States;
- `(4) $600,000,000 were allocated among the States on the
basis of general tax effort by allocating to each State an amount
bearing the same ratio to the total amount to be allocated under this
paragraph as the general tax effort amount of the State (determined
under subsection (d)(2)) bears to the sum of the general tax effort
amounts of all States;
- `(5) $600,000,000 were allocated among the States on the
basis of unemployment by allocating to each State an amount bearing the
same ratio to the total amount to be allocated under this paragraph as--
- `(A) the labor force of the State, multiplied by a fraction in which--
- `(i) the numerator is the percentage of the labor
force of the State that is unemployed in the calendar year preceding the
payment period (as determined by the Secretary of Labor for general
statistical purposes); and
- `(ii) the denominator is the percentage of the
labor force of the United States that is unemployed in the calendar year
preceding the payment period (as determined by the Secretary of Labor
for general statistical purposes)
- bears to
- `(B) the sum of the products determined under subparagraph (A) for all States; and
- `(6) $1,166,666,667 were allocated among the States on the
basis of urbanized population by allocating to each State an amount
bearing the same ratio to the total amount to be allocated under this
paragraph as the urbanized population of the State bears to the
urbanized population of all States. In this paragraph, the term
`urbanized population' means the population of an area consisting of a
central city or cities of at least 50,000 inhabitants and the
surrounding closely settled area for the city or cities considered as an
urbanized area as published by the Bureau of the Census for 1990 in the
publication General Population Characteristics for Urbanized Areas.
- `(d) INCOME TAX AMOUNT AND TAX EFFORT AMOUNT-
- `(1) INCOME TAX AMOUNT- The income tax amount of a State
for a payment period is 15 percent of the net amount collected during
the calendar year ending before the beginning of the payment period from
the tax imposed on the income of individuals by the State and described
as a State income tax under section 164(a)(3) of the Internal Revenue
Code of 1986 (26 U.S.C. 164(a)(3)). The income tax amount for a payment
period shall be at least 1 percent but not more than 6 percent of the
United States Government individual income tax liability attributed to
the State for the taxable year ending during the last calendar year
ending before the beginning of the payment period. The Secretary shall
determine the Government income tax liability attributed to the State by
using the data published by the Secretary for 1991 in the publication
Statistics of Income Bulletin (Winter 1993-1994).
- `(2) GENERAL TAX EFFORT AMOUNT- The general tax effort
amount of a State for a payment period is the amount determined by
multiplying--
- `(A) the net amount of State and local taxes of the
State collected during the year 1991 as reported in the Bureau of Census
in the publication Government Finances 1990-1991; and
- `(B) the general tax effort factor of the State determined under subsection (b)(2).
- `(e) ALLOCATION FOR PUERTO RICO, GUAM, AMERICAN SAMOA, AND THE VIRGIN ISLANDS-
- `(1) IN GENERAL- (A) For each payment period for which
funds are available for allocation under this chapter, the Secretary
shall allocate to each territorial government an amount equal to the
product of 1 percent of the amount of funds available for allocation
multiplied by the applicable territorial percentage.
- `(B) For the purposes of this paragraph, the applicable
territorial percentage of a territory is equal to the quotient resulting
from the division of the territorial population of such territory by
the sum of the territorial population for all territories.
- `(2) PAYMENTS TO LOCAL GOVERNMENTS- The governments of the
territories shall make payments to local governments within their
jurisdiction from sums received under this subsection as they consider
appropriate.
- `(3) DEFINITIONS- For purposes of this subsection--
- `(A) the term `territorial government' means the government of a territory;
- `(B) the term `territory' means Puerto Rico, Guam, American Samoa, and the Virgin Islands; and
- `(C) the term `territorial population' means the most
recent population for each territory as determined by the Bureau of
Census.
`Sec. 6705. Local government allocations
- `(a) INDIAN TRIBES AND ALASKAN NATIVES VILLAGES- If there is
in a State an Indian tribe or Alaskan native village having a recognized
governing body carrying out substantial governmental duties and powers,
the Secretary shall allocate to the tribe or village, out of the amount
allocated to the State under section 6704, an amount bearing the same
ratio to the amount allocated to the State as the population of the
tribe or village bears to the population of the State. The Secretary
shall allocate amounts under this subsection to Indian tribes and
Alaskan native villages in a State before allocating amounts to units of
general local government in the State under subsection (c). For the
payment period beginning October 1, 1994, the Secretary shall use as the
population of each Indian tribe or Alaskan native village the
population for 1991 as reported by the Bureau of Indian Affairs in the
publication Indian Service Population and Labor Force Estimates (January
1991). In addition to uses authorized under section 6701(a)(2), amounts
allocated under this subsection and paid to an Indian tribe or Alaskan
native village under this chapter may be used for renovating or building
prisons or other correctional facilities.
- `(b) NEWLY INCORPORATED LOCAL GOVERNMENTS AND ANNEXED
GOVERNMENTS- If there is in a State a unit of general local government
that has been incorporated since the date of the collection of the data
used by the Secretary in making allocations pursuant to sections 6704
through 6706 and 6708, the Secretary shall allocate to this newly
incorporated local government, out of the amount allocated to the State
under section 6704, an amount bearing the same ratio to the amount
allocated to the State as the population of the newly incorporated local
government bears to the population of the State. If there is in the
State a unit of general local government that has been annexed since the
date of the collection of the data used by the Secretary in making
allocations pursuant to sections 6704 through 6706 and 6708, the
Secretary shall pay the amount that would have been allocated to this
local government to the unit of general local government that annexed
it.
- `(c) OTHER LOCAL GOVERNMENT ALLOCATIONS-
- `(1) IN GENERAL- The Secretary shall allocate among the
units of general local government in a State (other than units receiving
allocations under subsection (a)) the amount allocated to the State
under section 6704 (as that amount is reduced by allocations under
subsection (a)). Of the amount to be allocated, the Secretary shall
allocate a portion equal to 1/2 of such amount in accordance with
section 6706(1), and shall allocate a portion equal to 1/2 of such
amount in accordance with section 6706(2). A unit of general local
government shall receive an amount equal to the sum of amounts allocated
to the unit from each portion.
- `(2) RATIO- From each portion to be allocated to units of
local government in a State under paragraph (1), the Secretary shall
allocate to a unit an amount bearing the same ratio to the funds to be
allocated as--
- `(A) the population of the unit, multiplied by the
general tax effort factor of the unit (determined under paragraph (3)),
multiplied by the income gap of the unit (determined under paragraph
(4)), bears to
- `(B) the sum of the products determined under
subparagraph (A) for all units in the State for which the income gap for
that portion under paragraph (4) is greater than zero.
- `(3) GENERAL TAX EFFORT FACTOR- (A) Except as provided in
subparagraph (C), the general tax effort factor of a unit of general
local government for a payment period is--
- `(i) the adjusted taxes of the unit; divided by
- `(ii) the total income attributed to the unit.
- `(B) If the amount determined under subparagraphs (A) (i)
and (ii) for a unit of general local government is less than zero, the
general tax effort factor of the unit is deemed to be zero.
- `(C)(i) Except as otherwise provided in this subparagraph,
for the payment period beginning October 1, 1994, the adjusted taxes of
a unit of general local government are the taxes imposed by the unit
for public purposes (except employee and employer assessments and
contributions to finance retirement and social insurance systems and
other special assessments for capital outlay), as determined by the
Bureau of the Census for the 1987 Census of Governments and adjusted as
follows:
- `(I) Adjusted taxes equals total taxes times a
fraction in which the numerator is the sum of unrestricted revenues and
revenues dedicated for spending on education minus total education
spending and the denominator is total unrestricted revenues.
- `(II) Total taxes is the sum of property tax; general
sales tax; alcoholic beverage tax; amusement tax; insurance premium tax;
motor fuels tax; parimutuels tax; public utilities tax; tobacco tax;
other selective sales tax; alcoholic beverage licenses, amusement
licenses; corporation licenses, hunting and fishing licenses; motor
vehicle licenses; motor vehicle operator licenses; public utility
licenses; occupation and business licenses, not elsewhere classified;
other licenses, individual income tax; corporation net income tax; death
and gift tax; documentary and stock transfer tax; severance tax; and
taxes not elsewhere classified.
- `(III) Unrestricted revenues is the sum of total taxes
and intergovernmental revenue from Federal Government, general revenue
sharing; intergovernmental revenue from Federal Government, other
general support; intergovernmental revenue from Federal Government,
other; intergovernmental revenue from State government, other general
support; intergovernmental revenue from State government, other;
intergovernmental revenue from local governments, other general support;
intergovernmental revenue from local governments, other; miscellaneous
general revenue, property sale-housing and community development;
miscellaneous general revenue, property sale-other property;
miscellaneous general revenue, interest earnings on investments;
miscellaneous general revenue, fines and forfeits; miscellaneous general
revenue, rents; miscellaneous general revenues, royalties;
miscellaneous general revenue, donations from private sources;
miscellaneous general revenue, net lottery revenue (after prizes and
administrative expenses); miscellaneous general revenue, other
miscellaneous general revenue; and all other general charges, not
elsewhere classified.
- `(IV) Revenues dedicated for spending on education is
the sum of elementary and secondary education, school lunch; elementary
and secondary education, tuition; elementary and secondary education,
other; higher education, auxiliary enterprises; higher education, other;
other education, not elsewhere classified; intergovernmental revenue
from Federal Government, education; intergovernmental revenue from State
government, education; intergovernmental revenue from local
governments, interschool system revenue; intergovernmental revenue from
local governments, education; interest earnings, higher education;
interest earnings, elementary and secondary education; miscellaneous
revenues, higher education; and miscellaneous revenues, elementary and
secondary education.
- `(V) Total education spending is the sum of elementary
and secondary education, current operations; elementary and secondary
education, construction; elementary and secondary education, other
capital outlays; elementary and secondary education, to State
governments; elementary and secondary education, to local governments,
not elsewhere classified; elementary and secondary education, to
counties; elementary and secondary education, to municipalities;
elementary and secondary education, to townships; elementary and
secondary education, to school districts; elementary and secondary
education, to special districts; higher education-auxiliary enterprises,
current operations; higher education-auxiliary enterprises,
construction; higher education, auxiliary enterprises, other capital
outlays; other higher education, current operations; other higher
education, construction; other higher education, other capital outlays;
other higher education, to State government; other higher education, to
local governments, not elsewhere classified; other higher education, to
counties; other higher education, to municipalities; other higher
education, to townships; other higher education, to school districts;
other higher education, to special districts; education assistance and
subsidies; education, not elsewhere classified, current operations;
education, not elsewhere classified, construction education, not
elsewhere classified, other capital outlays; education, not elsewhere
classified, to State government; education, not elsewhere classified, to
local governments, not elsewhere classified; education, not elsewhere
classified, to counties; education, not elsewhere classified, to
municipalities; education, not elsewhere classified, to townships;
education, not elsewhere classified, to school districts; education, not
elsewhere classified, to special districts; and education, not
elsewhere classified, to Federal Government.
- `(VI) If the amount of adjusted taxes is less than zero, the amount of adjusted tax shall be deemed to be zero.
- `(VII) If the amount of adjusted taxes exceeds the
amount of total taxes, the amount of adjusted taxes is deemed to equal
the amount of total taxes.
- `(ii) The Secretary shall, for purposes of clause (i),
include that part of sales taxes transferred to a unit of general local
government that are imposed by a county government in the geographic
area of which is located the unit of general local government as taxes
imposed by the unit for public purposes if--
- `(I) the county government transfers any part of the
revenue from the taxes to the unit of general local government without
specifying the purpose for which the unit of general local government
may expend the revenue; and
- `(II) the chief executive officer of the State notifies the Secretary that the taxes satisfy the requirements of this clause.
- `(iii) The adjusted taxes of a unit of general local
government shall not exceed the maximum allowable adjusted taxes for
that unit.
- `(iv) The maximum allowable adjusted taxes for a unit of
general local government is the allowable adjusted taxes of the unit
minus the excess adjusted taxes of the unit.
- `(v) The allowable adjusted taxes of a unit of general government is the greater of--
- `(I) the amount equal to 2.5, multiplied by the per
capita adjusted taxes of all units of general local government of the
same type in the State, multiplied by the population of the unit; or
- `(II) the amount equal to the population of the unit,
multiplied by the sum of the adjusted taxes of all units of municipal
local government in the State, divided by the sum of the populations of
all the units of municipal local government in the State.
- `(vi) The excess adjusted taxes of a unit of general local government is the amount equal to--
- `(I) the adjusted taxes of the unit, minus
- `(II) 1.5 multiplied by the allowable adjusted taxes of the unit;
- except that if this amount is less than zero then the excess adjusted taxes of the unit is deemed to be zero.
- `(vii) For purposes of this subparagraph--
- `(I) the term `per capita adjusted taxes of all units
of general local government of the same type' means the sum of the
adjusted taxes of all units of general local government of the same type
divided by the sum of the populations of all units of general local
government of the same type; and
- `(II) the term `units of general local government of
the same type' means all townships if the unit of general local
government is a township, all municipalities if the unit of general
local government is a municipality, all counties if the unit of general
local government is a county, or all unified city/county governments if
the unit of general local government is a unified city/county
government.
- `(4) INCOME GAP- (A) Except as provided in subparagraph (B), the income gap of a unit of general local government is--
- `(i) the number which applies under section 6706,
multiplied by the per capita income of the State in which the unit is
located; minus
- `(ii) the per capita income of the geographic area of the unit.
- `(B) If the amount determined under subparagraph (A) for a
unit of general local government is less than zero, then the relative
income factor of the unit is deemed to be zero.
- `(d) SMALL GOVERNMENT ALLOCATIONS- If the Secretary decides
that information available for a unit of general local government with a
population below a number (of not more than 500) prescribed by the
Secretary is inadequate, the Secretary may allocate to the unit, in lieu
of any allocation under subsection (b) for a payment period, an amount
bearing the same ratio to the total amount to be allocated under
subsection (b) for the period for all units of general local government
in the State as the population of the unit bears to the population of
all units in the State.
`Sec. 6706. Income gap multiplier
- `For purposes of determining the income gap of a unit of
general local government under section 6705(b)(4)(A), the number which
applies is--
- `(1) 1.6, with respect to 1/2 of any amount allocated under section 6704 to the State in which the unit is located; and
- `(2) 1.2, with respect to the remainder of such amount.
`Sec. 6707. State variation of local government allocations
- `(a) STATE FORMULA- A State government may provide by law for
the allocation of amounts among units of general local government in the
State on the basis of population multiplied by the general tax effort
factors or income gaps of the units of general local government
determined under sections 6705 (a) and (b) or a combination of those
factors. A State government providing for a variation of an allocation
formula provided under sections 6705 (a) and (b) shall notify the
Secretary of the variation by the 30th day before the beginning of the
first payment period in which the variation applies. A variation shall--
- `(1) provide for allocating the total amount allocated under sections 6705 (a) and (b); and
- `(2) apply uniformly in the State.
- `(b) CERTIFICATION- A variation by a State government under
this section may apply only if the Secretary certifies that the
variation complies with this section. The Secretary may certify a
variation only if the Secretary is notified of the variation at least 30
days before the first payment period in which the variation applies.
`Sec. 6708. Adjustments of local government allocations
- `(a) MAXIMUM AMOUNT- The amount allocated to a unit of general
local government for a payment period may not exceed the adjusted taxes
imposed by the unit of general local government as determined under
section 6705(b)(3). Amounts in excess of adjusted taxes shall be paid to
the Governor of the State in which the unit of local government is
located.
- `(b) DE MINIMIS ALLOCATIONS TO UNITS OF GENERAL LOCAL
GOVERNMENT- If the amount allocated to a unit of general local
government (except an Indian tribe or an Alaskan native village) for a
payment period would be less than $5,000 but for this subsection or is
waived by the governing authority of the unit of general local
government, the Secretary shall pay the amount to the Governor of the
State in which the unit is located.
- `(c) USE OF PAYMENTS TO STATES- The Governor of a State shall
use all amounts paid to the Governor under subsections (a) and (b) for
programs described in section 6701(a)(2) in areas of the State where are
located the units of general local government with respect to which
amounts are paid under subsection (b).
- `(d) DE MINIMIS ALLOCATIONS TO INDIAN TRIBES AND ALASKAN NATIVE VILLAGES-
- `(1) AGGREGATION OF DE MINIMIS ALLOCATIONS- If the amount
allocated to an Indian tribe or an Alaskan native village for a payment
period would be less than $5,000 but for this subsection or is waived by
the chief elected official of the tribe or village, the amount--
- `(A) shall not be paid to the tribe or village (except under paragraph (2)); and
- `(B) shall be aggregated with other such amounts and available for use by the Attorney General under paragraph (2).
- `(2) USE OF AGGREGATED AMOUNTS- Amounts aggregated under
paragraph (1) for a payment period shall be available for use by the
Attorney General to make grants in the payment period on a competitive
basis to Indian Tribes and Alaskan native village for--
- `(A) programs described in section 6701(a)(2); or
- `(B) renovating or building prisons or other correctional facilities.
`Sec. 6709. Information used in allocation formulas
- `(a) POPULATION DATA FOR PAYMENT PERIOD BEGINNING OCTOBER 1,
1994- For the payment period beginning October 1, 1994, the Secretary,
in making allocations pursuant to sections 6704 through 6706 and 6708,
shall use for the population of the States the population for 1992 as
reported by the Bureau of the Census in the publication Current
Population Reports, Series P-25, No. 1045 (July 1992) and for the
population of units of general local government the Secretary shall use
the population for 1990 as reported by the Bureau of the Census in the
publication Summary Social, Economic, and Housing Characteristics.
- `(b) DATA FOR PAYMENT PERIODS BEGINNING AFTER SEPTEMBER 30,
1995- For any payment period beginning after September 30, 1995, the
Secretary, in making allocations pursuant to sections 6704 through 6706
and 6708, shall use information more recent than the information used
for the payment period beginning October 1, 1994, provided the Secretary
notifies the Committee on Government Operations of the House of
Representatives at least 90 days prior to the beginning of the payment
period that the Secretary has determined that the more recent
information is more reliable than the information used for the payment
period beginning October 1, 1994.
`Sec. 6710. Public participation
- `(a) HEARINGS-
- `(1) IN GENERAL- A unit of general local government
expending payments under this chapter shall hold at least one public
hearing on the proposed use of the payment in relation to its entire
budget. At the hearing, persons shall be given an opportunity to provide
written and oral views to the governmental authority responsible for
enacting the budget and to ask questions about the entire budget and the
relation of the payment to the entire budget. The government shall hold
the hearing at a time and a place that allows and encourages public
attendance and participation.
- `(2) SENIOR CITIZENS- A unit of general local government
holding a hearing required under this subsection or by the budget
process of the government shall try to provide senior citizens and
senior citizen organizations with an opportunity to present views at the
hearing before the government makes a final decision on the use of the
payment.
- `(b) DISCLOSURE OF INFORMATION-
- `(1) IN GENERAL- By the 10th day before a hearing required
under subsection (a)(1) is held, a unit of general local government
shall--
- `(A) make available for inspection by the public at
the principal office of the government a statement of the proposed use
of the payment and a summary of the proposed budget of the government;
and
- `(B) publish in at least one newspaper of general
circulation the proposed use of the payment with the summary of the
proposed budget and a notice of the time and place of the hearing.
- `(2) AVAILABILITY- By the 30th day after adoption of the budget under State or local law, the government shall--
- `(A) make available for inspection by the public at
the principal office of the government a summary of the adopted budget,
including the proposed use of the payment; and
- `(B) publish in at least one newspaper of general
circulation a notice that the information referred to in subparagraph
(A) is available for inspection.
- `(c) WAIVERS OF REQUIREMENTS- A requirement--
- `(1) under subsection (a)(1) may be waived if the budget
process required under the applicable State or local law or charter
provisions--
- `(A) ensures the opportunity for public attendance and participation contemplated by subsection (a); and
- `(B) includes a hearing on the proposed use of a
payment received under this chapter in relation to the entire budget of
the government; and
- `(2) under subsection (b)(1)(B) and paragraph (2)(B) may
be waived if the cost of publishing the information would be
unreasonably burdensome in relation to the amount allocated to the
government from amounts available for payment under this chapter, or if
publication is otherwise impracticable.
- `(d) EXCEPTION TO 10-DAY LIMITATION- If the Secretary is
satisfied that a unit of general local government will provide adequate
notice of the proposed use of a payment received under this chapter, the
10-day period under subsection (b)(1) may be changed to the extent
necessary to comply with applicable State or local law.
`Sec. 6711. Prohibited discrimination
- `(a) GENERAL PROHIBITION- No person in the United States shall
be excluded from participating in, be denied the benefits of, or be
subject to discrimination under, a program or activity of a unit of
general local government because of race, color, national origin, or sex
if the government receives a payment under this chapter.
- `(b) ADDITIONAL PROHIBITIONS- The following prohibitions and
exemptions also apply to a program or activity of a unit of general
local government if the government receives a payment under this
chapter:
- `(1) A prohibition against discrimination because of age under the Age Discrimination Act of 1975.
- `(2) A prohibition against discrimination against an
otherwise qualified handicapped individual under section 504 of the
Rehabilitation Act of 1973.
- `(3) A prohibition against discrimination because of
religion, or an exemption from that prohibition, under the Civil Rights
Act of 1964 or title VIII of the Act of April 11, 1968 (popularly known
as the Civil Rights Act of 1968).
- `(c) LIMITATIONS ON APPLICABILITY OF PROHIBITIONS- Subsections
(a) and (b) do not apply if the government shows, by clear and
convincing evidence, that a payment received under this chapter is not
used to pay for any part of the program or activity with respect to
which the allegation of discrimination is made.
- `(d) INVESTIGATION AGREEMENTS- The Secretary shall try to make
agreements with heads of agencies of the United States Government and
State agencies to investigate noncompliance with this section. An
agreement shall--
- `(1) describe the cooperative efforts to be taken
(including sharing civil rights enforcement personnel and resources) to
obtain compliance with this section; and
- `(2) provide for notifying immediately the Secretary of
actions brought by the United States Government or State agencies
against a unit of general local government alleging a violation of a
civil rights law or a regulation prescribed under a civil rights law.
`Sec. 6712. Discrimination proceedings
- `(a) NOTICE OF NONCOMPLIANCE- By the 10th day after the
Secretary makes a finding of discrimination or receives a holding of
discrimination about a unit of general local government, the Secretary
shall submit a notice of noncompliance to the government. The notice
shall state the basis of the finding or holding.
- `(b) INFORMAL PRESENTATION OF EVIDENCE- A unit of general
local government may present evidence informally to the Secretary within
30 days after the government receives a notice of noncompliance from
the Secretary. Except as provided in subsection (e), the government may
present evidence on whether--
- `(1) a person in the United States has been excluded or
denied benefits of, or discriminated against under, the program or
activity of the government, in violation of section 6711(a);
- `(2) the program or activity of the government violated a prohibition described in section 6711(b); and
- `(3) any part of that program or activity has been paid for with a payment received under this chapter.
- `(c) TEMPORARY SUSPENSION OF PAYMENTS- By the end of the
30-day period under subsection (b), the Secretary shall decide whether
the unit of general local government has not complied with section 6711
(a) or (b), unless the government has entered into a compliance
agreement under section 6714. If the Secretary decides that the
government has not complied, the Secretary shall notify the government
of the decision and shall suspend payments to the government under this
chapter unless, within 10 days after the government receives notice of
the decision, the government--
- `(1) enters into a compliance agreement under section 6714; or
- `(2) requests a proceeding under subsection (d)(1).
- `(d) ADMINISTRATIVE REVIEW OF SUSPENSIONS-
- `(1) PROCEEDING- A proceeding requested under subsection
(c)(2) shall begin by the 30th day after the Secretary receives a
request for the proceeding. The proceeding shall be before an
administrative law judge appointed under section 3105 of title 5, United
States Code. By the 30th day after the beginning of the proceeding, the
judge shall issue a preliminary decision based on the record at the
time on whether the unit of general local government is likely to
prevail in showing compliance with section 6711 (a) or (b).
- `(2) DECISION- If the administrative law judge decides at
the end of a proceeding under paragraph (1) that the unit of general
local government has--
- `(A) not complied with section 6711 (a) or (b), the
judge may order payments to the government under this chapter
terminated; or
- `(B) complied with section 6711 (a) or (b), a suspension under section 6713(a)(1)(A) shall be discontinued promptly.
- `(3) LIKELIHOOD OF PREVAILING- An administrative law judge
may not issue a preliminary decision that the government is not likely
to prevail if the judge has issued a decision described in paragraph
(2)(A).
- `(e) BASIS FOR REVIEW- In a proceeding under subsections (b)
through (d) on a program or activity of a unit of general local
government about which a holding of discrimination has been made, the
Secretary or administrative law judge may consider only whether a
payment under this chapter was used to pay for any part of the program
or activity. The holding of discrimination is conclusive. If the holding
is reversed by an appellate court, the Secretary or judge shall end the
proceeding.
`Sec. 6713. Suspension and termination of payments in discrimination proceedings
- `(a) IMPOSITION AND CONTINUATION OF SUSPENSIONS-
- `(1) IN GENERAL- The Secretary shall suspend payment under this chapter to a unit of general local government--
- `(A) if an administrative law judge appointed under
section 3105 of title 5, United States Code, issues a preliminary
decision in a proceeding under section 6712(d)(1) that the government is
not likely to prevail in showing compliance with section 6711 (a) and
(b);
- `(B) if the administrative law judge decides at the
end of the proceeding that the government has not complied with section
6711 (a) or (b), unless the government makes a compliance agreement
under section 6714 by the 30th day after the decision; or
- `(C) if required under section 6712(c).
- `(2) EFFECTIVENESS- A suspension already ordered under
paragraph (1)(A) continues in effect if the administrative law judge
makes a decision under paragraph (1)(B).
- `(b) LIFTING OF SUSPENSIONS AND TERMINATIONS- If a holding of
discrimination is reversed by an appellate court, a suspension or
termination of payments in a proceeding based on the holding shall be
discontinued.
- `(c) RESUMPTION OF PAYMENTS UPON ATTAINING COMPLIANCE- The
Secretary may resume payment to a unit of general local government of
payments suspended by the Secretary only--
- `(1) as of the time of, and under the conditions stated in--
- `(A) the approval by the Secretary of a compliance agreement under section 6714(a)(1); or
- `(B) a compliance agreement entered into by the Secretary under section 6714(a)(2);
- `(2) if the government complies completely with an order
of a United States court, a State court, or administrative law judge
that covers all matters raised in a notice of noncompliance submitted by
the Secretary under section 6712(a);
- `(3) if a United States court, a State court, or an
administrative law judge decides (including a judge in a proceeding
under section 6712(d)(1)), that the government has complied with
sections 6711 (a) and (b); or
- `(4) if a suspension is discontinued under subsection (b).
- `(d) PAYMENT OF DAMAGES AS COMPLIANCE- For purposes of
subsection (c)(2), compliance by a government may consist of the payment
of restitution to a person injured because the government did not
comply with section 6711 (a) or (b).
- `(e) RESUMPTION OF PAYMENTS UPON REVERSAL BY COURT- The
Secretary may resume payment to a unit of general local government of
payments terminated under section 6712(d)(2)(A) only if the decision
resulting in the termination is reversed by an appellate court.
`Sec. 6714. Compliance agreements
- `(a) TYPES OF COMPLIANCE AGREEMENTS- A compliance agreement is an agreement--
- `(1) approved by the Secretary, between the governmental
authority responsible for prosecuting a claim or complaint that is the
basis of a holding of discrimination and the chief executive officer of
the unit of general local government that has not complied with section
6711 (a) or (b); or
- `(2) between the Secretary and the chief executive officer.
- `(b) CONTENTS OF AGREEMENTS- A compliance agreement--
- `(1) shall state the conditions the unit of general local
government has agreed to comply with that would satisfy the obligations
of the government under sections 6711 (a) and (b);
- `(2) shall cover each matter that has been found not to comply, or would not comply, with section 6711 (a) or (b); and
- `(3) may be a series of agreements that dispose of those matters.
- `(c) AVAILABILITY OF AGREEMENTS TO PARTIES- The Secretary
shall submit a copy of a compliance agreement to each person who filed a
complaint referred to in section 6716(b), or, if an agreement under
subsection (a)(1), each person who filed a complaint with a governmental
authority, about a failure to comply with section 6711 (a) or (b). The
Secretary shall submit the copy by the 15th day after an agreement is
made. However, if the Secretary approves an agreement under subsection
(a)(1) after the agreement is made, the Secretary may submit the copy by
the 15th day after approval of the agreement.
`Sec. 6715. Enforcement by the Attorney General of prohibitions on discrimination
- `The Attorney General may bring a civil action in an
appropriate district court of the United States against a unit of
general local government that the Attorney General has reason to believe
has engaged or is engaging in a pattern or practice in violation of
section 6711 (a) or (b). The court may grant--
- `(1) a temporary restraining order;
- `(2) an injunction; or
- `(3) an appropriate order to ensure enjoyment of rights
under section 6711 (a) or (b), including an order suspending,
terminating, or requiring repayment of, payments under this chapter or
placing additional payments under this chapter in escrow pending the
outcome of the action.
`Sec. 6716. Civil action by a person adversely affected
- `(a) AUTHORITY FOR PRIVATE SUITS IN FEDERAL OR STATE COURT- If
a unit of general local government, or an officer or employee of a unit
of general local government acting in an official capacity, engages in a
practice prohibited by this chapter, a person adversely affected by the
practice may bring a civil action in an appropriate district court of
the United States or a State court of general jurisdiction. Before
bringing an action under this section, the person must exhaust
administrative remedies under subsection (b).
- `(b) ADMINISTRATIVE REMEDIES REQUIRED TO BE EXHAUSTED- A
person adversely affected shall file an administrative complaint with
the Secretary or the head of another agency of the United States
Government or the State agency with which the Secretary has an agreement
under section 6711(d). Administrative remedies are deemed to be
exhausted by the person after the 90th day after the complaint was filed
if the Secretary, the head of the Government agency, or the State
agency--
- `(1) issues a decision that the government has not failed to comply with this chapter; or
- `(2) does not issue a decision on the complaint.
- `(c) AUTHORITY OF COURT- In an action under this section, the court--
- `(1) may grant--
- `(A) a temporary restraining order;
- `(B) an injunction; or
- `(C) another order, including suspension, termination,
or repayment of, payments under this chapter or placement of additional
payments under this chapter in escrow pending the outcome of the
action; and
- `(2) to enforce compliance with section 6711 (a) or (b),
may allow a prevailing party (except the United States Government) a
reasonable attorney's fee.
- `(d) INTERVENTION BY ATTORNEY GENERAL- In an action under this
section to enforce compliance with section 6711 (a) or (b), the
Attorney General may intervene in the action if the Attorney General
certifies that the action is of general public importance. The United
States Government is entitled to the same relief as if the Government
had brought the action and is liable for the same fees and costs as a
private person.
`Sec. 6717. Judicial review
- `(a) APPEALS IN FEDERAL COURT OF APPEALS- A unit of general
local government which receives notice from the Secretary about
withholding payments under section 6703(f), suspending payments under
section 6713(a)(1)(B), or terminating payments under section
6712(d)(2)(A), may apply for review of the action of the Secretary by
filing a petition for review with the court of appeals of the United
States for the circuit in which the government is located. The petition
shall be filed by the 60th day after the date the notice is received.
The clerk of the court shall immediately send a copy of the petition to
the Secretary.
- `(b) FILING OF RECORD OF ADMINISTRATIVE PROCEEDING- The
Secretary shall file with the court a record of the proceeding on which
the Secretary based the action. The court may consider only objections
to the action of the Secretary that were presented before the Secretary.
- `(c) COURT ACTION- The court may affirm, change, or set aside
any part of the action of the Secretary. The findings of fact by the
Secretary are conclusive if supported by substantial evidence in the
record. If a finding is not supported by substantial evidence in the
record, the court may remand the case to the Secretary to take
additional evidence. Upon such a remand, the Secretary may make new or
modified findings and shall certify additional proceedings to the court.
- `(d) REVIEW ONLY BY SUPREME COURT- A judgment of a court under
this section may be reviewed only by the Supreme Court under section
1254 of title 28, United States Code.
`Sec. 6718. Investigations and reviews
- `(a) INVESTIGATIONS BY SECRETARY-
- `(1) IN GENERAL- The Secretary shall within a reasonable time limit--
- `(A) carry out an investigation and make a finding
after receiving a complaint referred to in section 6716(b), a
determination by a State or local administrative agency, or other
information about a possible violation of this chapter;
- `(B) carry out audits and reviews (including investigations of allegations) about possible violations of this chapter; and
- `(C) advise a complainant of the status of an audit,
investigation, or review of an allegation by the complainant of a
violation of section 6711 (a) or (b) or other provision of this chapter.
- `(2) TIME LIMIT- The maximum time limit under paragraph (1)(A) is 120 days.
- `(b) REVIEWS BY COMPTROLLER GENERAL- The Comptroller General
of the United States shall carry out reviews of the activities of the
Secretary, State governments, and units of general local government
necessary for the Congress to evaluate compliance and operations under
this chapter. These reviews shall include a comparison of the waste and
inefficiency of local governments using funds under this chapter
compared to waste and inefficiency with other comparable Federal
programs.
`Sec. 6719. Reports
- `(a) REPORTS BY SECRETARY TO CONGRESS- Before June 2 of each
year prior to 2002, the Secretary personally shall report to the
Congress on--
- `(1) the status and operation of the Local Government Fiscal Assistance Fund during the prior fiscal year; and
- `(2) the administration of this chapter, including a complete and detailed analysis of--
- `(A) actions taken to comply with sections 6711
through 6715, including a description of the kind and extent of
noncompliance and the status of pending complaints;
- `(B) the extent to which units of general local
government receiving payments under this chapter have complied with the
requirements of this chapter;
- `(C) the way in which payments under this chapter have been distributed in the jurisdictions receiving payments; and
- `(D) significant problems in carrying out this chapter and recommendations for legislation to remedy the problems.
- `(b) REPORTS BY UNITS OF GENERAL LOCAL GOVERNMENT TO SECRETARY-
- `(1) IN GENERAL- At the end of each fiscal year, each unit
of general local government which received a payment under this chapter
for the fiscal year shall submit a report to the Secretary. The report
shall be submitted in the form and at a time prescribed by the Secretary
and shall be available to the public for inspection. The report shall
state--
- `(A) the amounts and purposes for which the payment has been appropriated, expended, or obligated in the fiscal year;
- `(B) the relationship of the payment to the relevant functional items in the budget of the government; and
- `(C) the differences between the actual and proposed use of the payment.
- `(2) AVAILABILITY OF REPORT- The Secretary shall provide a
copy of a report submitted under paragraph (1) by a unit of general
local government to the chief executive officer of the State in which
the government is located. The Secretary shall provide the report in the
manner and form prescribed by the Secretary.
`Sec. 6720. Definitions, application, and administration
- `(a) DEFINITIONS- In this chapter--
- `(1) `unit of general local government' means--
- `(A) a county, township, city, or political
subdivision of a county, township, or city, that is a unit of general
local government as determined by the Secretary of Commerce for general
statistical purposes; and
- `(B) the District of Columbia and the recognized
governing body of an Indian tribe or Alaskan Native village that carries
out substantial governmental duties and powers;
- `(2) `payment period' means each 1-year period beginning on October 1 of the years 1994 through 2000;
- `(3) `State and local taxes' means taxes imposed by a
State government or unit of general local government or other political
subdivision of a State government for public purposes (except employee
and employer assessments and contributions to finance retirement and
social insurance systems and other special assessments for capital
outlay) as determined by the Secretary of Commerce for general
statistical purposes;
- `(4) `State' means any of the several States and the District of Columbia;
- `(5) `income' means the total money income received from
all sources as determined by the Secretary of Commerce for general
statistical purposes, which for units of general local government is
reported by the Bureau of the Census for 1990 in the publication Summary
Social, Economic, and Housing Characteristics;
- `(6) `per capita income' means--
- `(A) in the case of the United States, the income of the United States divided by the population of the United States;
- `(B) in the case of a State, the income of that State, divided by the population of that State; and
- `(C) in the case of a unit of general local
government, the income of that unit of general local government divided
by the population of the unit of general local government;
- `(7) `finding of discrimination' means a decision by the
Secretary about a complaint described in section 6716(b), a decision by a
State or local administrative agency, or other information (under
regulations prescribed by the Secretary) that it is more likely than not
that a unit of general local government has not complied with section
6711 (a) or (b);
- `(8) `holding of discrimination' means a holding by a
United States court, a State court, or an administrative law judge
appointed under section 3105 of title 5, United States Code, that a unit
of general local government expending amounts received under this
chapter has--
- `(A) excluded a person in the United States from
participating in, denied the person the benefits of, or subjected the
person to discrimination under, a program or activity because of race,
color, national origin, or sex; or
- `(B) violated a prohibition against discrimination described in section 6711(b); and
- `(9) `Secretary' means the Secretary of Housing and Urban Development.
- `(b) DELEGATION OF ADMINISTRATION- The Secretary may enter
into agreements with other executive branch departments and agencies to
delegate to that department or agency all or part of the Secretary's
responsibility for administering this chapter.
- `(c) TREATMENT OF SUBSUMED AREAS- If the entire geographic
area of a unit of general local government is located in a larger
entity, the unit of general local government is deemed to be located in
the larger entity. If only part of the geographic area of a unit is
located in a larger entity, each part is deemed to be located in the
larger entity and to be a separate unit of general local government in
determining allocations under this chapter. Except as provided in
regulations prescribed by the Secretary, the Secretary shall make all
data computations based on the ratio of the estimated population of the
part to the population of the entire unit of general local government.
- `(d) BOUNDARY AND OTHER CHANGES- If a boundary line change, a
State statutory or constitutional change, annexation, a governmental
reorganization, or other circumstance results in the application of
sections 6704 through 6708 in a way that does not carry out the purposes
of sections 6701 through 6708, the Secretary shall apply sections 6701
through 6708 under regulations of the Secretary in a way that is
consistent with those purposes.'.
- (b) ISSUANCE OF REGULATIONS- Within 90 days of the date of
enactment of this Act the Secretary shall issue regulations, which may
be interim regulations, to implement subsection (a), modifying the
regulations for carrying into effect the Revenue Sharing Act that were
in effect as of July 1, 1987, and that were published in 31 C.F.R. part
51. The Secretary need not hold a public hearing before issuing these
regulations.
- (c) DEFICIT NEUTRALITY- Any appropriation to carry out the
amendment made by this subtitle to title 31, United States Code, for
fiscal year 1995 or 1996 shall be offset by cuts elsewhere in
appropriations for that fiscal year.
SEC. 31002. TECHNICAL AMENDMENT.
- The table of chapters at the beginning of subtitle V of title
31, United States Code, is amended by adding after the item relating to
chapter 65 the following:
6701'.
Subtitle K--National Community Economic Partnership
SEC. 31101. SHORT TITLE.
- This subtitle may be cited as the `National Community Economic Partnership Act of 1994'.
CHAPTER 1--COMMUNITY ECONOMIC PARTNERSHIP INVESTMENT FUNDS
SEC. 31111. PURPOSE.
- It is the purpose of this chapter to increase private
investment in distressed local communities and to build and expand the
capacity of local institutions to better serve the economic needs of
local residents through the provision of financial and technical
assistance to community development corporations.
SEC. 31112. PROVISION OF ASSISTANCE.
- (a) AUTHORITY- The Secretary of Health and Human Services
(referred to in this subtitle as the `Secretary') may, in accordance
with this chapter, provide nonrefundable lines of credit to community
development corporations for the establishment, maintenance or expansion
of revolving loan funds to be utilized to finance projects intended to
provide business and employment opportunities for low-income,
unemployed, or underemployed individuals and to improve the quality of
life in urban and rural areas.
- (b) REVOLVING LOAN FUNDS-
- (1) COMPETITIVE ASSESSMENT OF APPLICATIONS- In providing
assistance under subsection (a), the Secretary shall establish and
implement a competitive process for the solicitation and consideration
of applications from eligible entities for lines of credit for the
capitalization of revolving funds.
- (2) ELIGIBLE ENTITIES- To be eligible to receive a line of credit under this chapter an applicant shall--
- (A) be a community development corporation;
- (B) prepare and submit an application to the Secretary
that shall include a strategic investment plan that identifies and
describes the economic characteristics of the target area to be served,
the types of business to be assisted and the impact of such assistance
on low-income, underemployed, and unemployed individuals in the target
area;
- (C) demonstrate previous experience in the development
of low-income housing or community or business development projects in a
low-income community and provide a record of achievement with respect
to such projects; and
- (D) have secured one or more commitments from local
sources for contributions (either in cash or in kind, letters of credit
or letters of commitment) in an amount that is at least equal to the
amount requested in the application submitted under subparagraph (B).
- (3) EXCEPTION- Notwithstanding the provisions of paragraph
(2)(D), the Secretary may reduce local contributions to not less than
25 percent of the amount of the line of credit requested by the
community development corporation if the Secretary determines such to be
appropriate in accordance with section 31116.
SEC. 31113. APPROVAL OF APPLICATIONS.
- (a) IN GENERAL- In evaluating applications submitted under section 31112(b)(2)(B), the Secretary shall ensure that--
- (1) the residents of the target area to be served (as
identified under the strategic development plan) would have an income
that is less than the median income for the area (as determined by the
Secretary);
- (2) the applicant community development corporation
possesses the technical and managerial capability necessary to
administer a revolving loan fund and has past experience in the
development and management of housing, community and economic
development programs;
- (3) the applicant community development corporation has
provided sufficient evidence of the existence of good working
relationships with--
- (A) local businesses and financial institutions, as well as with the community the corporation proposes to serve; and
- (B) local and regional job training programs;
- (4) the applicant community development corporation will
target job opportunities that arise from revolving loan fund investments
under this chapter so that 75 percent of the jobs retained or created
under such investments are provided to--
- (A) individuals with--
- (i) incomes that do not exceed the Federal poverty line; or
- (ii) incomes that do not exceed 80 percent of the median income of the area;
- (B) individuals who are unemployed or underemployed;
- (C) individuals who are participating or have
participated in job training programs authorized under the Job Training
Partnership Act (29 U.S.C. 1501 et seq.) or the Family Support Act of
1988 (Public Law 100-485);
- (D) individuals whose jobs may be retained as a result of the provision of financing available under this chapter; or
- (E) individuals who have historically been underrepresented in the local economy; and
- (5) a representative cross section of applicants are
approved, including large and small community development corporations,
urban and rural community development corporations and community
development corporations representing diverse populations.
- (b) PRIORITY- In determining which application to approve
under this chapter the Secretary shall give priority to those applicants
proposing to serve a target area--
- (1) with a median income that does not exceed 80 percent of the median for the area (as determined by the Secretary); and
- (2) with a high rate of unemployment, as determined by the
Secretary or in which the population loss is at least 7 percent from
April 1, 1980, to April 1, 1990, as reported by the Bureau of the
Census.
SEC. 31114. AVAILABILITY OF LINES OF CREDIT AND USE.
- (a) APPROVAL OF APPLICATION- The Secretary shall provide a
community development corporation that has an application approved under
section 31113 with a line of credit in an amount determined appropriate
by the Secretary, subject to the limitations contained in subsection
(b).
- (b) LIMITATIONS ON AVAILABILITY OF AMOUNTS-
- (1) MAXIMUM AMOUNT- The Secretary shall not provide in
excess of $2,000,000 in lines of credit under this chapter to a single
applicant.
- (2) PERIOD OF AVAILABILITY- A line of credit provided
under this chapter shall remain available over a period of time
established by the Secretary, but in no event shall any such period of
time be in excess of 3 years from the date on which such line of credit
is made available.
- (3) EXCEPTION- Notwithstanding paragraphs (1) and (2), if a
recipient of a line of credit under this chapter has made full and
productive use of such line of credit, can demonstrate the need and
demand for additional assistance, and can meet the requirements of
section 31112(b)(2), the amount of such line of credit may be increased
by not more than $1,500,000.
- (c) AMOUNTS DRAWN FROM LINE OF CREDIT- Amounts drawn from each
line of credit under this chapter shall be used solely for the purposes
described in section 31111 and shall only be drawn down as needed to
provide loans, investments, or to defray administrative costs related to
the establishment of a revolving loan fund.
- (d) USE OF REVOLVING LOAN FUNDS- Revolving loan funds
established with lines of credit provided under this chapter may be used
to provide technical assistance to private business enterprises and to
provide financial assistance in the form of loans, loan guarantees,
interest reduction assistance, equity shares, and other such forms of
assistance to business enterprises in target areas and who are in
compliance with section 31113(a)(4).
SEC. 31115. LIMITATIONS ON USE OF FUNDS.
- (a) MATCHING REQUIREMENT- Not to exceed 50 percent of the
total amount to be invested by an entity under this chapter may be
derived from funds made available from a line of credit under this
chapter.
- (b) TECHNICAL ASSISTANCE AND ADMINISTRATION- Not to exceed 10
percent of the amounts available from a line of credit under this
chapter shall be used for the provision of training or technical
assistance and for the planning, development, and management of economic
development projects. Community development corporations shall be
encouraged by the Secretary to seek technical assistance from other
community development corporations, with expertise in the planning,
development and management of economic development projects. The
Secretary shall assist in the identification and facilitation of such
technical assistance.
- (c) LOCAL AND PRIVATE SECTOR CONTRIBUTIONS- To receive funds
available under a line of credit provided under this chapter, an entity,
using procedures established by the Secretary, shall demonstrate to the
community development corporation that such entity agrees to provide
local and private sector contributions in accordance with section
31112(b)(2)(D), will participate with such community development
corporation in a loan, guarantee or investment program for a designated
business enterprise, and that the total financial commitment to be
provided by such entity is at least equal to the amount to be drawn from
the line of credit.
- (d) USE OF PROCEEDS FROM INVESTMENTS- Proceeds derived from
investments made using funds made available under this chapter may be
used only for the purposes described in section 31111 and shall be
reinvested in the community in which they were generated.
SEC. 31116. PROGRAM PRIORITY FOR SPECIAL EMPHASIS PROGRAMS.
- (a) IN GENERAL- The Secretary shall give priority in providing
lines of credit under this chapter to community development
corporations that propose to undertake economic development activities
in distressed communities that target women, Native Americans, at risk
youth, farmworkers, population-losing communities, very low-income
communities, single mothers, veterans, and refugees; or that expand
employee ownership of private enterprises and small businesses, and to
programs providing loans of not more than $35,000 to very small business
enterprises.
- (b) RESERVATION OF FUNDS- Not less than 5 percent of the
amounts made available under section 31112(a)(2)(A) may be reserved to
carry out the activities described in subsection (a).
CHAPTER 2--EMERGING COMMUNITY DEVELOPMENT CORPORATIONS
SEC. 31121. COMMUNITY DEVELOPMENT CORPORATION IMPROVEMENT GRANTS.
- (a) PURPOSE- It is the purpose of this section to provide
assistance to community development corporations to upgrade the
management and operating capacity of such corporations and to enhance
the resources available to enable such corporations to increase their
community economic development activities.
- (b) SKILL ENHANCEMENT GRANTS-
- (1) IN GENERAL- The Secretary shall award grants to
community development corporations to enable such corporations to attain
or enhance the business management and development skills of the
individuals that manage such corporations to enable such corporations to
seek the public and private resources necessary to develop community
economic development projects.
- (2) USE OF FUNDS- A recipient of a grant under paragraph (1) may use amounts received under such grant--
- (A) to acquire training and technical assistance from
agencies or institutions that have extensive experience in the
development and management of low-income community economic development
projects; or
- (B) to acquire such assistance from other highly successful community development corporations.
- (c) OPERATING GRANTS-
- (1) IN GENERAL- The Secretary shall award grants to
community development corporations to enable such corporations to
support an administrative capacity for the planning, development, and
management of low-income community economic development projects.
- (2) USE OF FUNDS- A recipient of a grant under paragraph (1) may use amounts received under such grant--
- (A) to conduct evaluations of the feasibility of
potential low-income community economic development projects that
address identified needs in the low-income community and that conform to
those projects and activities permitted under subtitle A;
- (B) to develop a business plan related to such a potential project; or
- (C) to mobilize resources to be contributed to a planned low-income community economic development project or strategy.
- (d) APPLICATIONS- A community development corporation that
desires to receive a grant under this section shall prepare and submit
to the Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
- (e) AMOUNT AVAILABLE FOR A COMMUNITY DEVELOPMENT CORPORATION-
Amounts provided under this section to a community development
corporation shall not exceed $75,000 per year. Such corporations may
apply for grants under this section for up to 3 consecutive years,
except that such corporations shall be required to submit a new
application for each grant for which such corporation desires to receive
and compete on the basis of such applications in the selection process.
SEC. 31122. EMERGING COMMUNITY DEVELOPMENT CORPORATION REVOLVING LOAN FUNDS.
- (a) AUTHORITY- The Secretary may award grants to emerging
community development corporations to enable such corporations to
establish, maintain or expand revolving loan funds, to make or guarantee
loans, or to make capital investments in new or expanding local
businesses.
- (b) ELIGIBILITY- To be eligible to receive a grant under subsection (a), an entity shall--
- (1) be a community development corporation;
- (2) have completed not less than one nor more than two
community economic development projects or related projects that improve
or provide job and employment opportunities to low-income individuals;
- (3) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as the
Secretary may require, including a strategic investment plan that
identifies and describes the economic characteristics of the target area
to be served, the types of business to be assisted using amounts
received under the grant and the impact of such assistance on low-income
individuals; and
- (4) have secured one or more commitments from local
sources for contributions (either in cash or in kind, letters of credit,
or letters of commitment) in an amount that is equal to at least 10
percent of the amounts requested in the application submitted under
paragraph (2).
- (c) USE OF THE REVOLVING LOAN FUND-
- (1) IN GENERAL- A revolving loan fund established or
maintained with amounts received under this section may be utilized to
provide financial and technical assistance, loans, loan guarantees or
investments to private business enterprises to--
- (A) finance projects intended to provide business and
employment opportunities for low-income individuals and to improve the
quality of life in urban and rural areas; and
- (B) build and expand the capacity of emerging
community development corporations and serve the economic needs of local
residents.
- (2) TECHNICAL ASSISTANCE- The Secretary shall encourage
emerging community development corporations that receive grants under
this section to seek technical assistance from established community
development corporations, with expertise in the planning, development
and management of economic development projects and shall facilitate the
receipt of such assistance.
- (3) LIMITATION- Not to exceed 10 percent of the amounts
received under this section by a grantee shall be used for training,
technical assistance and administrative purposes.
- (d) USE OF PROCEEDS FROM INVESTMENTS- Proceeds derived from
investments made with amounts provided under this section may be
utilized only for the purposes described in this subtitle and shall be
reinvested in the community in which they were generated.
- (e) AMOUNTS AVAILABLE- Amounts provided under this section to a
community development corporation shall not exceed $500,000 per year.
CHAPTER 3--MISCELLANEOUS PROVISIONS
SEC. 31131. DEFINITIONS.
- As used in this subtitle:
- (1) COMMUNITY DEVELOPMENT CORPORATION- The term `community
development corporation' means a private, nonprofit corporation whose
board of directors is comprised of business, civic and community
leaders, and whose principal purpose includes the provision of
low-income housing or community economic development projects that
primarily benefit low-income individuals and communities.
- (2) LOCAL AND PRIVATE SECTOR CONTRIBUTION- The term `local
and private sector contribution' means the funds available at the local
level (by private financial institutions, State and local governments)
or by any private philanthropic organization and private, nonprofit
organizations that will be committed and used solely for the purpose of
financing private business enterprises in conjunction with amounts
provided under this subtitle.
- (3) POPULATION-LOSING COMMUNITY- The term
`population-losing community' means any county in which the net
population loss is at least 7 percent from April 1, 1980 to April 1,
1990, as reported by the Bureau of the Census.
- (4) PRIVATE BUSINESS ENTERPRISE- The term `private
business enterprise' means any business enterprise that is engaged in
the manufacture of a product, provision of a service, construction or
development of a facility, or that is involved in some other commercial,
manufacturing or industrial activity, and that agrees to target job
opportunities stemming from investments authorized under this subtitle
to certain individuals.
- (5) TARGET AREA- The term `target area' means any area
defined in an application for assistance under this subtitle that has a
population whose income does not exceed the median for the area within
which the target area is located.
- (6) VERY LOW-INCOME COMMUNITY- The term `very low-income
community' means a community in which the median income of the residents
of such community does not exceed 50 percent of the median income of
the area.
SEC. 31132. AUTHORIZATION OF APPROPRIATIONS.
- (a) IN GENERAL- There are authorized to be appropriated to carry out chapters 1 and 2--
- (1) $45,000,000 for fiscal year 1996;
- (2) $72,000,000 for fiscal year 1997;
- (3) $76,500,000 for fiscal year 1998; and
- (4) $76,500,000 for fiscal year 1999.
- (b) EARMARKS- Of the aggregate amount appropriated under subsection (a) for each fiscal year--
- (1) 60 percent shall be available to carry out chapter 1; and
- (2) 40 percent shall be available to carry out chapter 2.
- (c) AMOUNTS- Amounts appropriated under subsection (a) shall remain available for expenditure without fiscal year limitation.
SEC. 31133. PROHIBITION.
- None of the funds authorized under this subtitle shall be used to finance the construction of housing.
Subtitle O--Urban Recreation and At-Risk Youth
SEC. 31501. PURPOSE OF ASSISTANCE.
- Section 1003 of the Urban Park and Recreation Recovery Act of
1978 is amended by adding the following at the end: `It is further the
purpose of this title to improve recreation facilities and expand
recreation services in urban areas with a high incidence of crime and to
help deter crime through the expansion of recreation opportunities for
at-risk youth. It is the further purpose of this section to increase the
security of urban parks and to promote collaboration between local
agencies involved in parks and recreation, law enforcement, youth social
services, and juvenile justice system.'.
SEC. 31502. DEFINITIONS.
- Section 1004 of the Urban Park and Recreation Recovery Act of
1978 is amended by inserting the following new subsection after
subsection (c) and by redesignating subsections (d) through (j) as (e)
through (k), respectively:
- `(d) `at-risk youth recreation grants' means--
- `(1) rehabilitation grants,
- `(2) innovation grants, or
- `(3) matching grants for continuing program support for
programs of demonstrated value or success in providing constructive
alternatives to youth at risk for engaging in criminal behavior,
including grants for operating, or coordinating recreation programs and
services;
- in neighborhoods and communities with a high prevalence of
crime, particularly violent crime or crime committed by youthful
offenders; in addition to the purposes specified in subsection (b),
rehabilitation grants referred to in paragraph (1) of this subsection
may be used for the provision of lighting, emergency phones or other
capital improvements which will improve the security of urban parks;'.
SEC. 31503. CRITERIA FOR SELECTION.
- Section 1005 of the Urban Park and Recreation Recovery Act of
1978 is amended by striking `and' at the end of paragraph (6), by
striking the period at the end of paragraph (7) and inserting `; and'
and by adding the following at the end:
- `(8) in the case of at-risk youth recreation grants, the Secretary shall give a priority to each of the following criteria:
- `(A) Programs which are targeted to youth who are at the greatest risk of becoming involved in violence and crime.
- `(B) Programs which teach important values and life skills, including teamwork, respect, leadership, and self-esteem.
- `(C) Programs which offer tutoring, remedial education, mentoring, and counseling in addition to recreation opportunities.
- `(D) Programs which offer services during late night or other nonschool hours.
- `(E) Programs which demonstrate collaboration between
local park and recreation, juvenile justice, law enforcement, and youth
social service agencies and nongovernmental entities, including the
private sector and community and nonprofit organizations.
- `(F) Programs which leverage public or private recreation investments in the form of services, materials, or cash.
- `(G) Programs which show the greatest potential of
being continued with non-Federal funds or which can serve as models for
other communities.'.
SEC. 31504. PARK AND RECREATION ACTION RECOVERY PROGRAMS.
- Section 1007(b) of the Urban Park and Recreation Recovery Act
of 1978 is amended by adding the following at the end: `In order to be
eligible to receive `at-risk youth recreation grants' a local government
shall amend its 5-year action program to incorporate the goal of
reducing crime and juvenile delinquency and to provide a description of
the implementation strategies to achieve this goal. The plan shall also
address how the local government is coordinating its recreation programs
with crime prevention efforts of law enforcement, juvenile corrections,
and youth social service agencies.'.
SEC. 31505. MISCELLANEOUS AND TECHNICAL AMENDMENTS.
- (a) PROGRAM SUPPORT- Section 1013 of the Urban Park and
Recreation Recovery Act of 1978 is amended by inserting `(a) IN GENERAL-
' after `1013' and by adding the following new subsection at the end:
- `(b) PROGRAM SUPPORT- Not more than 25 percent of the amounts
made available under this title to any local government may be used for
program support.'.
- (b) EXTENSION- Section 1003 of the Urban Park and Recreation
Recovery Act of 1978 is amended by striking `for a period of five years'
and by striking `short-term'.
- (c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this subtitle--
- (1) $2,700,000 for fiscal year 1996;
- (2) $450,000 for fiscal year 1997;
- (3) $450,000 for fiscal year 1998;
- (4) $450,000 for fiscal year 1999; and
- (5) $450,000 for fiscal year 2000.
Subtitle Q--Community-Based Justice Grants for Prosecutors
SEC. 31701. GRANT AUTHORIZATION.
- (a) IN GENERAL- The Attorney General may make grants to State,
Indian tribal, or local prosecutors for the purpose of supporting the
creation or expansion of community-based justice programs.
- (b) CONSULTATION- The Attorney General may consult with the Ounce of Prevention Council in making grants under subsection (a).
SEC. 31702. USE OF FUNDS.
- Grants made by the Attorney General under this section shall be used--
- (1) to fund programs that require the cooperation and
coordination of prosecutors, school officials, police, probation
officers, youth and social service professionals, and community members
in the effort to reduce the incidence of, and increase the successful
identification and speed of prosecution of, young violent offenders;
- (2) to fund programs in which prosecutors focus on the
offender, not simply the specific offense, and impose individualized
sanctions, designed to deter that offender from further antisocial
conduct, and impose increasingly serious sanctions on a young offender
who continues to commit offenses;
- (3) to fund programs that coordinate criminal justice
resources with educational, social service, and community resources to
develop and deliver violence prevention programs, including mediation
and other conflict resolution methods, treatment, 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 directed toward the issues with which such
entities are concerned.
SEC. 31703. APPLICATIONS.
- (a) ELIGIBILITY- In order to be eligible to receive a grant
under this part for any fiscal year, a State, Indian tribal, or local
prosecutor, in conjunction with the chief executive officer of the
jurisdiction in which the program will be placed, shall submit an
application to the Attorney General in such form and containing such
information as the Attorney General may reasonably require.
- (b) REQUIREMENTS- Each applicant shall include--
- (1) a request for funds for the purposes described in section 31702;
- (2) a description of the communities to be served by the
grant, including the nature of the youth crime, youth violence, and
child abuse problems within such communities;
- (3) assurances that Federal funds received under this part
shall be used to supplement, not supplant, non-Federal funds that would
otherwise be available for activities funded under this section; and
- (4) statistical information in such form and containing such information that the Attorney General may require.
- (c) COMPREHENSIVE PLAN- Each applicant shall include a comprehensive plan that shall contain--
- (1) a description of the youth violence or child abuse crime problem;
- (2) an action plan outlining how the applicant will achieve the purposes as described in section 31702;
- (3) a description of the resources available in the
community to implement the plan together with a description of the gaps
in the plan that cannot be filled with existing resources; and
- (4) a description of how the requested grant will be used to fill gaps.
SEC. 31704. ALLOCATION OF FUNDS; LIMITATIONS ON GRANTS.
- (a) ADMINISTRATIVE COST LIMITATION- The Attorney General shall
use not more than 5 percent of the funds available under this program
for the purposes of administration and technical assistance.
- (b) RENEWAL OF GRANTS- A grant under this part may be renewed
for up to 2 additional years after the first fiscal year during which
the recipient receives its initial grant under this part, subject to the
availability of funds, if--
- (1) the Attorney General determines that the funds made
available to the recipient during the previous years were used in a
manner required under the approved application; and
- (2) the Attorney General determines that an additional
grant is necessary to implement the community prosecution program
described in the comprehensive plan required by section 31703.
SEC. 31705. AWARD OF GRANTS.
- The Attorney General shall consider the following facts in awarding grants:
- (1) Demonstrated need and evidence of the ability to provide the services described in the plan required under section 31703.
- (2) The Attorney General shall attempt, to the extent
practicable, to achieve an equitable geographic distribution of grant
awards.
SEC. 31706. REPORTS.
- (a) REPORT TO ATTORNEY GENERAL- State and local prosecutors
that receive funds under this subtitle shall submit to the Attorney
General a report not later than March 1 of each year that describes
progress achieved in carrying out the plan described under section
31703(c).
- (b) REPORT TO CONGRESS- The Attorney General shall submit to
the Congress a report by October 1 of each year in which grants are made
available under this subtitle which shall contain a detailed statement
regarding grant awards, activities of grant recipients, a compilation of
statistical information submitted by applicants, and an evaluation of
programs established under this subtitle.
SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.
- There are authorized to be appropriated to carry out this subtitle--
- (1) $7,000,000 for fiscal year 1996;
- (2) $10,000,000 for fiscal year 1997;
- (3) $10,000,000 for fiscal year 1998;
- (4) $11,000,000 for fiscal year 1999; and
- (5) $12,000,000 for fiscal year 2000.
SEC. 31708. DEFINITIONS.
- In this subtitle--
- `Indian tribe' means a tribe, band, pueblo, nation, or
other organized group or community of Indians, including an Alaska
Native village (as defined in or established under the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is recognized as
eligible for the special programs and services provided by the United
States to Indians because of their status as Indians.
- `State' means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, American Samoa, Guam, and the United States Virgin Islands.
- `young violent offenders' means individuals, ages 7
through 22, who have committed crimes of violence, weapons offenses,
drug distribution, hate crimes and civil rights violations, and offenses
against personal property of another.
Subtitle S--Family Unity Demonstration Project
SEC. 31901. SHORT TITLE.
- This subtitle may be cited as the `Family Unity Demonstration Project Act'.
SEC. 31902. PURPOSE.
- The purpose of this subtitle is to evaluate the effectiveness of certain demonstration projects in helping to--
- (1) alleviate the harm to children and primary caretaker parents caused by separation due to the incarceration of the parents;
- (2) reduce recidivism rates of prisoners by encouraging strong and supportive family relationships; and
- (3) explore the cost effectiveness of community correctional facilities.
SEC. 31903. DEFINITIONS.
- In this subtitle--
- `child' means a person who is less than 7 years of age.
- `community correctional facility' means a residential facility that--
- (A) is used only for eligible offenders and their children under 7 years of age;
- (B) is not within the confines of a jail or prison;
- (C) houses no more than 50 prisoners in addition to their children; and
- (D) provides to inmates and their children--
- (i) a safe, stable, environment for children;
- (ii) pediatric and adult medical care consistent with medical standards for correctional facilities;
- (iii) programs to improve the stability of the parent-child relationship, including educating parents regarding--
- (I) child development; and
- (II) household management;
- (iv) alcoholism and drug addiction treatment for prisoners; and
- (v) programs and support services to help inmates--
- (I) to improve and maintain mental and physical health, including access to counseling;
- (II) to obtain adequate housing upon release from State incarceration;
- (III) to obtain suitable education, employment, or training for employment; and
- (IV) to obtain suitable child care.
- `eligible offender' means a primary caretaker parent who--
- (A) has been sentenced to a term of imprisonment of
not more than 7 years or is awaiting sentencing for a conviction
punishable by such a term of imprisonment; and
- (B) has not engaged in conduct that--
- (i) knowingly resulted in death or serious bodily injury;
- (ii) is a felony for a crime of violence against a person; or
- (iii) constitutes child neglect or mental, physical, or sexual abuse of a child.
- `primary caretaker parent' means--
- (A) a parent who has consistently assumed
responsibility for the housing, health, and safety of a child prior to
incarceration; or
- (B) a woman who has given birth to a child after or
while awaiting her sentencing hearing and who expresses a willingness to
assume responsibility for the housing, health, and safety of that
child,
- a parent who, in the best interest of a child, has arranged
for the temporary care of the child in the home of a relative or other
responsible adult shall not for that reason be excluded from the
category `primary caretaker'.
- `State' means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands, American
Samoa, Guam, and the Northern Mariana Islands.
SEC. 31904. AUTHORIZATION OF APPROPRIATIONS.
- (a) AUTHORIZATION- There are authorized to be appropriated to carry out this subtitle--
- (1) $3,600,000 for fiscal year 1996;
- (2) $3,600,000 for fiscal year 1997;
- (3) $3,600,000 for fiscal year 1998;
- (4) $3,600,000 for fiscal year 1999; and
- (5) $5,400,000 for fiscal year 2000.
- (b) AVAILABILITY OF APPROPRIATIONS- Of the amount appropriated under subsection (a) for any fiscal year--
- (1) 90 percent shall be available to carry out chapter 1; and
- (2) 10 percent shall be available to carry out chapter 2.
CHAPTER 1--GRANTS TO STATES
SEC. 31911. AUTHORITY TO MAKE GRANTS.
- (a) GENERAL AUTHORITY- The Attorney General may make grants,
on a competitive basis, to States to carry out in accordance with this
subtitle family unity demonstration projects that enable eligible
offenders to live in community correctional facilities with their
children.
- (b) PREFERENCES- For the purpose of making grants under
subsection (a), the Attorney General shall give preference to a State
that includes in the application required by section 31912 assurances
that if the State receives a grant--
- (1) both the State corrections agency and the State health
and human services agency will participate substantially in, and
cooperate closely in all aspects of, the development and operation of
the family unity demonstration project for which such a grant is
requested;
- (2) boards made up of community members, including
residents, local businesses, corrections officials, former prisoners,
child development professionals, educators, and maternal and child
health professionals will be established to advise the State regarding
the operation of such project;
- (3) the State has in effect a policy that provides for the
placement of all prisoners, whenever possible, in correctional
facilities for which they qualify that are located closest to their
respective family homes;
- (4) unless the Attorney General determines that a longer
timeline is appropriate in a particular case, the State will implement
the project not later than 180 days after receiving a grant under
subsection (a) and will expend all of the grant during a 1-year period;
- (5) the State has the capacity to continue implementing a
community correctional facility beyond the funding period to ensure the
continuity of the work;
- (6) unless the Attorney General determines that a
different process for selecting participants in a project is desirable,
the State will--
- (A) give written notice to a prisoner, not later than
30 days after the State first receives a grant under subsection (a) or
30 days after the prisoner is sentenced to a term of imprisonment of not
more than 7 years (whichever is later), of the proposed or current
operation of the project;
- (B) accept at any time at which the project is in
operation an application by a prisoner to participate in the project if,
at the time of application, the remainder of the prisoner's sentence
exceeds 180 days;
- (C) review applications by prisoners in the sequence in which the State receives such applications; and
- (D) not more than 50 days after reviewing such applications approve or disapprove the application; and
- (7) for the purposes of selecting eligible offenders to
participate in such project, the State has authorized State courts to
sentence an eligible offender directly to a community correctional
facility, provided that the court gives assurances that the offender
would have otherwise served a term of imprisonment.
- (c) SELECTION OF GRANTEES- The Attorney General shall make
grants under subsection (a) on a competitive basis, based on such
criteria as the Attorney General shall issue by rule and taking into
account the preferences described in subsection (b).
SEC. 31912. ELIGIBILITY TO RECEIVE GRANTS.
- To be eligible to receive a grant under section 31911, a State
shall submit to the Attorney General an application at such time, in
such form, and containing such information as the Attorney General
reasonably may require by rule.
SEC. 31913. REPORT.
- (a) IN GENERAL- A State that receives a grant under this title
shall, not later than 90 days after the 1-year period in which the
grant is required to be expended, submit a report to the Attorney
General regarding the family unity demonstration project for which the
grant was expended.
- (b) CONTENTS- A report under subsection (a) shall--
- (1) state the number of prisoners who submitted
applications to participate in the project and the number of prisoners
who were placed in community correctional facilities;
- (2) state, with respect to prisoners placed in the
project, the number of prisoners who are returned to that jurisdiction
and custody and the reasons for such return;
- (3) describe the nature and scope of educational and training activities provided to prisoners participating in the project;
- (4) state the number, and describe the scope of, contracts
made with public and nonprofit private community-based organizations to
carry out such project; and
- (5) evaluate the effectiveness of the project in accomplishing the purposes described in section 31902.
CHAPTER 2--FAMILY UNITY DEMONSTRATION PROJECT FOR FEDERAL PRISONERS
SEC. 31921. AUTHORITY OF THE ATTORNEY GENERAL.
- (a) IN GENERAL- With the funds available to carry out this
subtitle for the benefit of Federal prisoners, the Attorney General,
acting through the Director of the Bureau of Prisons, shall select
eligible prisoners to live in community correctional facilities with
their children.
- (b) GENERAL CONTRACTING AUTHORITY- In implementing this title,
the Attorney General may enter into contracts with appropriate public
or private agencies to provide housing, sustenance, services, and
supervision of inmates eligible for placement in community correctional
facilities under this title.
- (c) USE OF STATE FACILITIES- At the discretion of the Attorney
General, Federal participants may be placed in State projects as
defined in chapter 1. For such participants, the Attorney General shall,
with funds available under section 31904(b)(2), reimburse the State for
all project costs related to the Federal participant's placement,
including administrative costs.
SEC. 31922. REQUIREMENTS.
- For the purpose of placing Federal participants in a family
unity demonstration project under section 31921, the Attorney General
shall consult with the Secretary of Health and Human Services regarding
the development and operation of the project.
Subtitle T--Substance Abuse Treatment in Federal Prisons
SEC. 32001. SUBSTANCE ABUSE TREATMENT IN FEDERAL PRISONS.
- Section 3621 of title 18, United States Code, is amended--
- (1) in the last sentence of subsection (b), by striking `, to the extent practicable,'; and
- (2) by adding at the end the following new subsection:
- `(e) Substance Abuse Treatment-
- `(1) PHASE-IN- In order to carry out the requirement of
the last sentence of subsection (b) of this section, that every prisoner
with a substance abuse problem have the opportunity to participate in
appropriate substance abuse treatment, the Bureau of Prisons shall,
subject to the availability of appropriations, provide residential
substance abuse treatment (and make arrangements for appropriate
aftercare)--
- `(A) for not less than 50 percent of eligible
prisoners by the end of fiscal year 1995, with priority for such
treatment accorded based on an eligible prisoner's proximity to release
date;
- `(B) for not less than 75 percent of eligible
prisoners by the end of fiscal year 1996, with priority for such
treatment accorded based on an eligible prisoner's proximity to release
date; and
- `(C) for all eligible prisoners by the end of fiscal
year 1997 and thereafter, with priority for such treatment accorded
based on an eligible prisoner's proximity to release date.
- `(2) Incentive for prisoners' successful completion of treatment program-
- `(A) GENERALLY- Any prisoner who, in the judgment of
the Director of the Bureau of Prisons, has successfully completed a
program of residential substance abuse treatment provided under
paragraph (1) of this subsection, shall remain in the custody of the
Bureau under such conditions as the Bureau deems appropriate. If the
conditions of confinement are different from those the prisoner would
have experienced absent the successful completion of the treatment, the
Bureau shall periodically test the prisoner for substance abuse and
discontinue such conditions on determining that substance abuse has
recurred.
- `(B) PERIOD OF CUSTODY- The period a prisoner
convicted of a nonviolent offense remains in custody after successfully
completing a treatment program may be reduced by the Bureau of Prisons,
but such reduction may not be more than one year from the term the
prisoner must otherwise serve.
- `(3) REPORT- The Bureau of Prisons shall transmit to the
Committees on the Judiciary of the Senate and the House of
Representatives on January 1, 1995, and on January 1 of each year
thereafter, a report. Such report shall contain--
- `(A) a detailed quantitative and qualitative
description of each substance abuse treatment program, residential or
not, operated by the Bureau;
- `(B) a full explanation of how eligibility for such
programs is determined, with complete information on what proportion of
prisoners with substance abuse problems are eligible; and
- `(C) a complete statement of to what extent the Bureau has achieved compliance with the requirements of this title.
- `(4) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this subsection--
- `(A) $13,500,000 for fiscal year 1996;
- `(B) $18,900,000 for fiscal year 1997;
- `(C) $25,200,000 for fiscal year 1998;
- `(D) $27,000,000 for fiscal year 1999; and
- `(E) $27,900,000 for fiscal year 2000.
- `(5) DEFINITIONS- As used in this subsection--
- `(A) the term `residential substance abuse treatment'
means a course of individual and group activities, lasting between 6 and
12 months, in residential treatment facilities set apart from the
general prison population--
- `(i) directed at the substance abuse problems of the prisoner; and
- `(ii) intended to develop the prisoner's
cognitive, behavioral, social, vocational, and other skills so as to
solve the prisoner's substance abuse and related problems;
- `(B) the term `eligible prisoner' means a prisoner who is--
- `(i) determined by the Bureau of Prisons to have a substance abuse problem; and
- `(ii) willing to participate in a residential substance abuse treatment program; and
- `(C) the term `aftercare' means placement, case
management and monitoring of the participant in a community-based
substance abuse treatment program when the participant leaves the
custody of the Bureau of Prisons.
- `(6) COORDINATION OF FEDERAL ASSISTANCE- The Bureau of
Prisons shall consult with the Department of Health and Human Services
concerning substance abuse treatment and related services and the
incorporation of applicable components of existing comprehensive
approaches including relapse prevention and aftercare services.'.
Subtitle U--Residential Substance Abuse Treatment for State Prisoners
SEC. 32101. RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS.
- (a) RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR PRISONERS- Title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3711 et seq.), as amended by section 20201(a), is amended--
- (1) by redesignating part S as part T;
- (2) by redesignating section 1901 as section 2001; and
- (3) by inserting after part R the following new part:
`PART S--RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS
`SEC. 1901. GRANT AUTHORIZATION.
- `(a) The Attorney General may make grants under this part to
States, for use by States and units of local government for the purpose
of developing and implementing residential substance abuse treatment
programs within State correctional facilities, as well as within local
correctional and detention facilities in which inmates are incarcerated
for a period of time sufficient to permit substance abuse treatment.
`(b) CONSULTATION- The Attorney General shall consult with the Secretary of Health and Human Services to ensure that projects of substance abuse treatment and related services for State prisoners incorporate applicable components of existing comprehensive approaches including relapse prevention and 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 and
representatives of either the State alcohol and drug abuse agency or any
appropriate local alcohol and drug abuse agency).
- `(b) SUBSTANCE ABUSE TESTING REQUIREMENT- To be eligible to
receive funds under this part, a State must agree to implement or
continue to require urinalysis or other proven reliable forms of testing
of individuals in correctional residential substance abuse treatment
programs. Such testing shall include individuals released from
residential substance abuse treatment programs who remain in the custody
of the State.
- `(c) ELIGIBILITY FOR PREFERENCE WITH AFTER CARE COMPONENT-
- `(1) To be eligible for a preference under this part, a
State must ensure that individuals who participate in the substance
abuse treatment program established or implemented with assistance
provided under this part will be provided with aftercare services.
- `(2) State aftercare services must involve the
coordination of the correctional facility treatment program with other
human service and rehabilitation programs, such as educational and job
training programs, parole supervision programs, half-way house programs,
and participation in self-help and peer group programs, that may aid in
the rehabilitation of individuals in the substance abuse treatment
program.
- `(3) To qualify as an aftercare program, the head of the
substance abuse treatment program, in conjunction with State and local
authorities and organizations involved in substance abuse treatment,
shall assist in placement of substance abuse treatment program
participants with appropriate community substance abuse treatment
facilities when such individuals leave the correctional facility at the
end of a sentence or on parole.
`(d) COORDINATION OF FEDERAL ASSISTANCE- Each application submitted for a grant under this section shall include a description of how the funds made available under this section will be coordinated with Federal assistance for substance abuse treatment and aftercare services currently provided by the Department of Health and Human Services' Substance Abuse and Mental Health Services Administration.
- `(e) STATE OFFICE- The Office designated under section 507--
- `(1) shall prepare the application as required under this section; and
- `(2) shall administer grant funds received under this
part, including review of spending, processing, progress, financial
reporting, technical assistance, grant adjustments, accounting,
auditing, and fund disbursement.
`SEC. 1903. REVIEW OF STATE APPLICATIONS.
- `(a) IN GENERAL- The Attorney General shall make a grant under
section 1901 to carry out the projects described in the application
submitted under section 1902 upon determining that--
- `(1) the application is consistent with the requirements of this part; and
- `(2) before the approval of the application the Attorney
General has made an affirmative finding in writing that the proposed
project has been reviewed in accordance with this part.
- `(b) APPROVAL- Each application submitted under section 1902
shall be considered approved, in whole or in part, by the Attorney
General not later than 90 days after first received unless the Attorney
General informs the applicant of specific reasons for disapproval.
- `(c) RESTRICTION- Grant funds received under this part shall not be used for land acquisition or construction projects.
- `(d) DISAPPROVAL NOTICE AND RECONSIDERATION- The Attorney
General shall not disapprove any application without first affording the
applicant reasonable notice and an opportunity for reconsideration.
`SEC. 1904. ALLOCATION AND DISTRIBUTION OF FUNDS.
- `(a) ALLOCATION- Of the total amount appropriated under this part in any fiscal year--
- `(1) 0.4 percent shall be allocated to each of the participating States; and
- `(2) of the total funds remaining after the allocation
under paragraph (1), there shall be allocated to each of the
participating States an amount which bears the same ratio to the amount
of remaining funds described in this paragraph as the State prison
population of such State bears to the total prison population of all the
participating States.
- `(b) FEDERAL SHARE- The Federal share of a grant made under
this part may not exceed 75 percent of the total costs of the projects
described in the application submitted under section 1902 for the fiscal
year for which the projects receive assistance under this part.
`SEC. 1905. EVALUATION.
- `Each State that receives a grant under this part shall submit
to the Attorney General an evaluation not later than March 1 of each
year in such form and containing such information as the Attorney
General may reasonably require.'.
- (b) TECHNICAL AMENDMENT- The table of contents of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711
et seq.), as amended by section 20201(b), is amended by inserting after
the matter relating to part R the following new part:
`Part S--Residential Substance Abuse Treatment for State Prisoners
- `Sec. 1901. Grant authorization.
- `Sec. 1902. State applications.
- `Sec. 1903. Review of State applications.
- `Sec. 1904. Allocation and distribution of funds.
- `Sec. 1905. Evaluation.
`Part T--Transition-Effective Date-Repealer
- `Sec. 2001. Confirmation of rules, authorities, and proceedings.'.
- (c) DEFINITIONS- Section 901(a) of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3791(a)), as amended by section
20201(c), is amended--
- (1) by striking `and' at the end of paragraph (23);
- (2) by striking the period at the end of paragraph (24) and inserting `; and'; and
- (3) by adding at the end the following new paragraph:
- `(25) the term `residential substance abuse treatment
program' means a course of individual and group activities, lasting
between 6 and 12 months, in residential treatment facilities set apart
from the general prison population--
- `(A) directed at the substance abuse problems of the prisoner; and
- `(B) intended to develop the prisoner's cognitive,
behavioral, social, vocational, and other skills so as to solve the
prisoner's substance abuse and related problems.'.
- (d) AUTHORIZATION OF APPROPRIATIONS- Section 1001(a) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793), as amended by section 20201(d), is amended--
- (1) in paragraph (3) by striking `and R' and inserting `R, or S'; and
- (2) by adding at the end the following new paragraph:
- `(17) There are authorized to be appropriated to carry out the projects under part S--
- `(A) $27,000,000 for fiscal year 1996;
- `(B) $36,000,000 for fiscal year 1997;
- `(C) $63,000,000 for fiscal year 1998;
- `(D) $72,000,000 for fiscal year 1999; and
- `(E) $72,000,000 for fiscal year 2000.'.
Subtitle V--Prevention, Diagnosis, and Treatment of Tuberculosis in Correctional Institutions
SEC. 32201. PREVENTION, DIAGNOSIS, AND TREATMENT OF TUBERCULOSIS IN CORRECTIONAL INSTITUTIONS.
- (a) GUIDELINES- The Attorney General, in consultation with the
Secretary of Health and Human Services and the Director of the National
Institute of Corrections, shall develop and disseminate to appropriate
entities, including State, Indian tribal, and local correctional
institutions and the Immigration and Naturalization Service, guidelines
for the prevention, diagnosis, treatment, and followup care of
tuberculosis among inmates of correctional institutions and persons held
in holding facilities operated by or under contract with the
Immigration and Naturalization Service.
- (b) COMPLIANCE- The Attorney General shall ensure that prisons
in the Federal prison system and holding facilities operated by or
under contract with the Immigration and Naturalization Service comply
with the guidelines described in subsection (a).
- (c) GRANTS-
- (1) IN GENERAL- The Attorney General shall make grants to
State, Indian tribal, and local correction authorities and public health
authorities to assist in establishing and operating programs for the
prevention, diagnosis, treatment, and followup care of tuberculosis
among inmates of correctional institutions.
- (2) FEDERAL SHARE- The Federal share of funding of a
program funded with a grant under paragraph (1) shall not exceed 50
percent.
- (3) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section--
- (A) $700,000 for fiscal year 1996;
- (B) $1,000,000 for fiscal year 1997;
- (C) $1,000,000 for fiscal year 1998;
- (D) $1,100,000 for fiscal year 1999; and
- (E) $1,200,000 for fiscal year 2000.
- (d) DEFINITIONS- In this section--
- `Indian tribe' means a tribe, band, pueblo, nation, or
other organized group or community of Indians, including an Alaska
Native village (as defined in or established under the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.), that is recognized as
eligible for the special programs and services provided by the United
States to Indians because of their status as Indians.
- `State' means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, American Samoa, Guam, and the United States Virgin Islands.
Subtitle X--Gang Resistance Education and Training
SEC. 32401. GANG RESISTANCE EDUCATION AND TRAINING PROJECTS.
- (a) ESTABLISHMENT OF PROJECTS-
- (1) IN GENERAL- The Secretary of the Treasury shall
establish not less than 50 Gang Resistance Education and Training
(GREAT) projects, to be located in communities across the country, in
addition to the number of projects currently funded.
- (2) SELECTION OF COMMUNITIES- Communities identified for
such GREAT projects shall be selected by the Secretary of the Treasury
on the basis of gang-related activity in that particular community.
- (3) AMOUNT OF ASSISTANCE PER PROJECT; ALLOCATION- The
Secretary of the Treasury shall make available not less than $800,000
per project, subject to the availability of appropriations, and such
funds shall be allocated--
- (A) 50 percent to the affected State and local law
enforcement and prevention organizations participating in such projects;
and
- (B) 50 percent to the Bureau of Alcohol, Tobacco and
Firearms for salaries, expenses, and associated administrative costs for
operating and overseeing such projects.
- (b) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this section--
- (1) $9,000,000 for fiscal year 1995;
- (2) $7,200,000 for fiscal year 1996;
- (3) $7,200,000 for fiscal year 1997;
- (4) $7,200,000 for fiscal year 1998;
- (5) $7,200,000 for fiscal year 1999; and
- (6) $7,720,000 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'.
Subtitle A--Safe Streets for Women
SEC. 40101. SHORT TITLE.
- This subtitle may be cited as the `Safe Streets for Women Act of 1994'.
CHAPTER 1--FEDERAL PENALTIES FOR SEX CRIMES
SEC. 40111. REPEAT OFFENDERS.
- (a) IN GENERAL- Chapter 109A of title 18, United States Code, is amended by adding at the end the following new section:
`Sec. 2247. Repeat offenders
- `Any person who violates a provision of this chapter, after
one or more prior convictions for an offense punishable under this
chapter, or after one or more prior convictions under the laws of any
State relating to aggravated sexual abuse, sexual abuse, or abusive
sexual contact have become final, is punishable by a term of
imprisonment up to twice that otherwise authorized.'.
- (b) AMENDMENT OF SENTENCING GUIDELINES- The Sentencing
Commission shall implement the amendment made by subsection (a) by
promulgating amendments, if appropriate, in the sentencing guidelines
applicable to chapter 109A offenses.
- (c) CHAPTER ANALYSIS- The chapter analysis for chapter 109A of
title 18, United States Code, is amended by adding at the end the
following new item:
- `2247. Repeat offenders.'.
SEC. 40112. FEDERAL PENALTIES.
- (a) AMENDMENT OF SENTENCING GUIDELINES- Pursuant to its
authority under section 994(p) of title 28, United States Code, the
United States Sentencing Commission shall review and amend, where
necessary, its sentencing guidelines on aggravated sexual abuse under
section 2241 of title 18, United States Code, or sexual abuse under
section 2242 of title 18, United States Code, as follows:
- (1) The Commission shall review and promulgate amendments
to the guidelines, if appropriate, to enhance penalties if more than 1
offender is involved in the offense.
- (2) The Commission shall review and promulgate amendments
to the guidelines, if appropriate, to reduce unwarranted disparities
between the sentences for sex offenders who are known to the victim and
sentences for sex offenders who are not known to the victim.
- (3) The Commission shall review and promulgate amendments
to the guidelines to enhance penalties, if appropriate, to render
Federal penalties on Federal territory commensurate with penalties for
similar offenses in the States.
- (4) The Commission shall review and promulgate amendments
to the guidelines, if appropriate, to account for the general problem of
recidivism in cases of sex offenses, the severity of the offense, and
its devastating effects on survivors.
- (b) REPORT- Not later than 180 days after the date of
enactment of this Act, the United States Sentencing Commission shall
review and submit to Congress a report containing an analysis of Federal
rape sentencing, accompanied by comment from independent experts in the
field, describing--
- (1) comparative Federal sentences for cases in which the
rape victim is known to the defendant and cases in which the rape victim
is not known to the defendant;
- (2) comparative Federal sentences for cases on Federal territory and sentences in surrounding States; and
- (3) an analysis of the effect of rape sentences on
populations residing primarily on Federal territory relative to the
impact of other Federal offenses in which the existence of Federal
jurisdiction depends upon the offense's being committed on Federal
territory.
SEC. 40113. MANDATORY RESTITUTION FOR SEX CRIMES.
- (a) SEXUAL ABUSE-
- (1) IN GENERAL- Chapter 109A of title 18, United States Code, is amended by adding at the end the following new section:
`Sec. 2248. Mandatory restitution
- `(a) IN GENERAL- Notwithstanding section 3663, and in addition
to any other civil or criminal penalty authorized by law, the court
shall order restitution for any offense under this chapter.
- `(b) SCOPE AND NATURE OF ORDER-
- `(1) DIRECTIONS- The order of restitution under this section shall direct that--
- `(A) the defendant pay to the victim (through the
appropriate court mechanism) the full amount of the victim's losses as
determined by the court, pursuant to paragraph (3); and
- `(B) the United States Attorney enforce the restitution order by all available and reasonable means.
- `(2) ENFORCEMENT BY VICTIM- An order of restitution also
may be enforced by a victim named in the order to receive the
restitution in the same manner as a judgment in a civil action.
- `(3) DEFINITION- For purposes of this subsection, the term
`full amount of the victim's losses' includes any costs incurred by the
victim for--
- `(A) medical services relating to physical, psychiatric, or psychological care;
- `(B) physical and occupational therapy or rehabilitation;
- `(C) necessary transportation, temporary housing, and child care expenses;
- `(D) lost income;
- `(E) attorneys' fees, plus any costs incurred in obtaining a civil protection order; and
- `(F) any other losses suffered by the victim as a proximate result of the offense.
- `(4) ORDER MANDATORY- (A) The issuance of a restitution order under this section is mandatory.
- `(B) A court may not decline to issue an order under this section because of--
- `(i) the economic circumstances of the defendant; or
- `(ii) the fact that a victim has, or is entitled to,
receive compensation for his or her injuries from the proceeds of
insurance or any other source.
- `(C)(i) Notwithstanding subparagraph (A), the court may
take into account the economic circumstances of the defendant in
determining the manner in which and the schedule according to which the
restitution is to be paid.
- `(ii) For purposes of this subparagraph, the term `economic circumstances' includes--
- `(I) the financial resources and other assets of the defendant;
- `(II) projected earnings, earning capacity, and other income of the defendant; and
- `(III) any financial obligations of the defendant, including obligations to dependents.
- `(D) Subparagraph (A) does not apply if--
- `(i) the court finds on the record that the economic
circumstances of the defendant do not allow for the payment of any
amount of a restitution order, and do not allow for the payment of any
or some portion of the amount of a restitution order in the foreseeable
future (under any reasonable schedule of payments); and
- `(ii) the court enters in its order the amount of the victim's losses, and provides a nominal restitution award.
- `(5) MORE THAN 1 OFFENDER- When the court finds that more
than 1 offender has contributed to the loss of a victim, the court may
make each offender liable for payment of the full amount of restitution
or may apportion liability among the offenders to reflect the level of
contribution and economic circumstances of each offender.
- `(6) MORE THAN 1 VICTIM- When the court finds that more
than 1 victim has sustained a loss requiring restitution by an offender,
the court shall order full restitution of each victim but may provide
for different payment schedules to reflect the economic circumstances of
each victim.
- `(7) PAYMENT SCHEDULE- An order under this section may
direct the defendant to make a single lump-sum payment or partial
payments at specified intervals.
- `(8) SETOFF- Any amount paid to a victim under this
section shall be set off against any amount later recovered as
compensatory damages by the victim from the defendant in--
- `(A) any Federal civil proceeding; and
- `(B) any State civil proceeding, to the extent provided by the law of the State.
- `(9) EFFECT ON OTHER SOURCES OF COMPENSATION- The issuance
of a restitution order shall not affect the entitlement of a victim to
receive compensation with respect to a loss from insurance or any other
source until the payments actually received by the victim under the
restitution order fully compensate the victim for the loss.
- `(10) CONDITION OF PROBATION OR SUPERVISED RELEASE-
Compliance with a restitution order issued under this section shall be a
condition of any probation or supervised release of a defendant. If an
offender fails to comply with a restitution order, the court may, after
a hearing, revoke probation or a term of supervised release, modify
the terms or conditions of probation or a term of supervised release, or
hold the defendant in contempt pursuant to section 3583(e). In
determining whether to revoke probation or a term of supervised release,
modify the terms or conditions of probation or supervised release or
hold a defendant serving a term of supervised release in contempt, the
court shall consider the defendant's employment status, earning ability
and financial resources, the willfulness of the defendant's failure to
comply, and any other circumstances that may have a bearing on the
defendant's ability to comply.
- `(c) PROOF OF CLAIM-
- `(1) AFFIDAVIT- Within 60 days after conviction and, in
any event, not later than 10 days prior to sentencing, the United States
Attorney (or the United States Attorney's delegee), after consulting
with the victim, shall prepare and file an affidavit with the court
listing the amounts subject to restitution under this section. The
affidavit shall be signed by the United States Attorney (or the United
States Attorney's delegee) and the victim. Should the victim object to
any of the information included in the affidavit, the United States
Attorney (or the United States Attorney's delegee) shall advise the
victim that the victim may file a separate affidavit and shall provide
the victim with an affidavit form which may be used to do so.
- `(2) OBJECTION- If, after the defendant has been notified
of the affidavit, no objection is raised by the defendant, the amounts
attested to in the affidavit filed pursuant to paragraph (1) shall be
entered in the court's restitution order. If objection is raised, the
court may require the victim or the United States Attorney (or the
United States Attorney's delegee) to submit further affidavits or other
supporting documents, demonstrating the victim's losses.
- `(3) ADDITIONAL DOCUMENTATION AND TESTIMONY- If the court
concludes, after reviewing the supporting documentation and considering
the defendant's objections, that there is a substantial reason for
doubting the authenticity or veracity of the records submitted, the
court may require additional documentation or hear testimony on those
questions. The privacy of any records filed, or testimony heard,
pursuant to this section shall be maintained to the greatest extent
possible, and such records may be filed or testimony heard in camera.
- `(4) FINAL DETERMINATION OF LOSSES- If the victim's losses
are not ascertainable by the date that is 10 days prior to sentencing
as provided in paragraph (1), the United States Attorney (or the United
States Attorney's delegee) shall so inform the court, and the court
shall set a date for the final determination of the victim's losses, not
to exceed 90 days after sentencing. If the victim subsequently
discovers further losses, the victim shall have 60 days after discovery
of those losses in which to petition the court for an amended
restitution order. Such order may be granted only upon a showing of good
cause for the failure to include such losses in the initial claim for
restitutionary relief.
- `(d) MODIFICATION OF ORDER- A victim or the offender may
petition the court at any time to modify a restitution order as
appropriate in view of a change in the economic circumstances of the
offender.
- `(e) REFERENCE TO MAGISTRATE OR SPECIAL MASTER- The court may
refer any issue arising in connection with a proposed order of
restitution to a magistrate or special master for proposed findings of
fact and recommendations as to disposition, subject to a de novo
determination of the issue by the court.
- `(f) DEFINITION- For purposes of this section, the term
`victim' means the individual harmed as a result of a commission of a
crime under this chapter, including, in the case of a victim who is
under 18 years of age, incompetent, incapacitated, or deceased, the
legal guardian of the victim or representative of the victim's estate,
another family member, or any other person appointed as suitable by the
court, but in no event shall the defendant be named as such
representative or guardian.'.
- (2) TECHNICAL AMENDMENT- The chapter analysis for chapter
109A of title 18, United States Code, is amended by adding at the end
the following new item:
- `2248. Mandatory restitution.'.
- (b) SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN-
- (1) IN GENERAL- Chapter 110 of title 18, United States Code, is amended by adding at the end the following new section:
`Sec. 2259. Mandatory restitution
- `(a) IN GENERAL- Notwithstanding section 3663, and in addition
to any other civil or criminal penalty authorized by law, the court
shall order restitution for any offense under this chapter.
- `(b) SCOPE AND NATURE OF ORDER-
- `(1) DIRECTIONS- The order of restitution under this section shall direct that--
- `(A) the defendant pay to the victim (through the
appropriate court mechanism) the full amount of the victim's losses as
determined by the court, pursuant to paragraph (3); and
- `(B) the United States Attorney enforce the restitution order by all available and reasonable means.
- `(2) ENFORCEMENT BY VICTIM- An order of restitution may
also be enforced by a victim named in the order to receive the
restitution in the same manner as a judgment in a civil action.
- `(3) DEFINITION- For purposes of this subsection, the term
`full amount of the victim's losses' includes any costs incurred by the
victim for--
- `(A) medical services relating to physical, psychiatric, or psychological care;
- `(B) physical and occupational therapy or rehabilitation;
- `(C) necessary transportation, temporary housing, and child care expenses;
- `(D) lost income;
- `(E) attorneys' fees, as well as other costs incurred; and
- `(F) any other losses suffered by the victim as a proximate result of the offense.
- `(4) ORDER MANDATORY- (A) The issuance of a restitution order under this section is mandatory.
- `(B) A court may not decline to issue an order under this section because of--
- `(i) the economic circumstances of the defendant; or
- `(ii) the fact that a victim has, or is entitled to,
receive compensation for his or her injuries from the proceeds of
insurance or any other source.
- `(C)(i) Notwithstanding subparagraph (A), the court may
take into account the economic circumstances of the defendant in
determining the manner in which and the schedule according to which the
restitution is to be paid.
- `(ii) For purposes of this subparagraph, the term `economic circumstances' includes--
- `(I) the financial resources and other assets of the defendant;
- `(II) projected earnings, earning capacity, and other income of the defendant; and
- `(III) any financial obligations of the defendant, including obligations to dependents.
- `(D) Subparagraph (A) does not apply if--
- `(i) the court finds on the record that the economic
circumstances of the defendant do not allow for the payment of any
amount of a restitution order, and do not allow for the payment of any
or some portion of the amount of a restitution order in the foreseeable
future (under any reasonable schedule of payments); and
- `(ii) the court enters in its order the amount of the victim's losses, and provides a nominal restitution award.
- `(5) MORE THAN 1 OFFENDER- When the court finds that more
than 1 offender has contributed to the loss of a victim, the court may
make each offender liable for payment of the full amount of restitution
or may apportion liability among the offenders to reflect the level of
contribution and economic circumstances of each offender.
- `(6) MORE THAN 1 VICTIM- When the court finds that more
than 1 victim has sustained a loss requiring restitution by an offender,
the court shall order full restitution of each victim but may provide
for different payment schedules to reflect the economic circumstances of
each victim.
- `(7) PAYMENT SCHEDULE- An order under this section may
direct the defendant to make a single lump-sum payment or partial
payments at specified intervals.
- `(8) SETOFF- Any amount paid to a victim under this
section shall be set off against any amount later recovered as
compensatory damages by the victim from the defendant in--
- `(A) any Federal civil proceeding; and
- `(B) any State civil proceeding, to the extent provided by the law of the State.
- `(9) EFFECT ON OTHER SOURCES OF COMPENSATION- The issuance
of a restitution order shall not affect the entitlement of a victim to
receive compensation with respect to a loss from insurance or any other
source until the payments actually received by the victim under the
restitution order fully compensate the victim for the loss.
- `(10) CONDITION OF PROBATION OR SUPERVISED RELEASE-
Compliance with a restitution order issued under this section shall be a
condition of any probation or supervised release of a defendant. If an
offender fails to comply with a restitution order, the court may, after
a hearing, revoke probation or a term of supervised release, modify the
terms or conditions of probation or a term of supervised release, or
hold the defendant in contempt pursuant to section 3583(e). In
determining whether to revoke probation or a term of supervised release,
modify the terms or conditions of probation or supervised release or
hold a defendant serving a term of supervised release in contempt, the
court shall consider the defendant's employment status, earning ability
and financial resources, the willfulness of the defendant's failure to
comply, and any other circumstances that may have a bearing on the
defendant's ability to comply.
- `(c) PROOF OF CLAIM-
- `(1) AFFIDAVIT- Within 60 days after conviction and, in
any event, not later than 10 days prior to sentencing, the United States
Attorney (or the United States Attorney's delegee), after consulting
with the victim, shall prepare and file an affidavit with the court
listing the amounts subject to restitution under this section. The
affidavit shall be signed by the United States Attorney (or the United
States Attorney's delegee) and the victim. Should the victim object to
any of the information included in the affidavit, the United States
Attorney (or the United States Attorney's delegee) shall advise the
victim that the victim may file a separate affidavit and shall provide
the victim with an affidavit form which may be used to do so.
- `(2) OBJECTION- If, after the defendant has been notified
of the affidavit, no objection is raised by the defendant, the amounts
attested to in the affidavit filed pursuant to paragraph (1) shall be
entered in the court's restitution order. If objection is raised, the
court may require the victim or the United States Attorney (or the
United States Attorney's delegee) to submit further affidavits or other
supporting documents, demonstrating the victim's losses.
- `(3) ADDITIONAL DOCUMENTATION AND TESTIMONY- If the court
concludes, after reviewing the supporting documentation and considering
the defendant's objections, that there is a substantial reason for
doubting the authenticity or veracity of the records submitted, the
court may require additional documentation or hear testimony on those
questions. The privacy of any records filed, or testimony heard,
pursuant to this section shall be maintained to the greatest extent
possible, and such records may be filed or testimony heard in camera.
- `(4) FINAL DETERMINATION OF LOSSES- If the victim's losses
are not ascertainable by the date that is 10 days prior to sentencing
as provided in paragraph (1), the United States Attorney (or the United
States Attorney's delegee) shall so inform the court, and the court
shall set a date for the final determination of the victim's losses, not
to exceed 90 days after sentencing. If the victim subsequently
discovers further losses, the victim shall have 60 days after discovery
of those losses in which to petition the court for an amended
restitution order. Such order may be granted only upon a showing of good
cause for the failure to include such losses in the initial claim for
restitutionary relief.
- `(d) MODIFICATION OF ORDER- A victim or the offender may
petition the court at any time to modify a restitution order as
appropriate in view of a change in the economic circumstances of the
offender.
- `(e) REFERENCE TO MAGISTRATE OR SPECIAL MASTER- The court may
refer any issue arising in connection with a proposed order of
restitution to a magistrate or special master for proposed findings of
fact and recommendations as to disposition, subject to a de novo
determination of the issue by the court.
- `(f) DEFINITION- For purposes of this section, the term
`victim' means the individual harmed as a result of a commission of a
crime under this chapter, including, in the case of a victim who is
under 18 years of age, incompetent, incapacitated, or deceased, the
legal guardian of the victim or representative of the victim's estate,
another family member, or any other person appointed as suitable by the
court, but in no event shall the defendant be named as such
representative or guardian.'.
- (2) TECHNICAL AMENDMENT- The chapter analysis for chapter
110 of title 18, United States Code, is amended by adding at the end the
following new item:
- `2259. Mandatory restitution.'.
SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM'S COUNSELORS.
- There are authorized to be appropriated for the United States
Attorneys for the purpose of appointing Victim/Witness Counselors for
the prosecution of sex crimes and domestic violence crimes where
applicable (such as the District of Columbia)--
- (1) $500,000 for fiscal year 1996;
- (2) $500,000 for fiscal year 1997; and
- (3) $500,000 for fiscal year 1998.
CHAPTER 2--LAW ENFORCEMENT AND PROSECUTION GRANTS TO REDUCE VIOLENT CRIMES AGAINST WOMEN
SEC. 40121. GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN.
- (a) IN GENERAL- Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section
32101(a), is amended--
- (1) by redesignating part T as part U;
- (2) by redesignating section 2001 as section 2101; and
- (3) by inserting after part S the following new part:
`Part T--Grants To Combat Violent Crimes Against Women
`SEC. 2001. PURPOSE OF THE PROGRAM AND GRANTS.
- `(a) GENERAL PROGRAM PURPOSE- The purpose of this part is to
assist States, Indian tribal governments, and units of local government
to develop and strengthen effective law enforcement and prosecution
strategies to combat violent crimes against women, and to develop and
strengthen victim services in cases involving violent crimes against
women.
- `(b) PURPOSES FOR WHICH GRANTS MAY BE USED- Grants under this
part shall provide personnel, training, technical assistance, data
collection and other equipment for the more widespread apprehension,
prosecution, and adjudication of persons committing violent crimes
against women, and specifically, for the purposes of--
- `(1) training law enforcement officers and prosecutors to
more effectively identify and respond to violent crimes against women,
including the crimes of sexual assault and domestic violence;
- `(2) developing, training, or expanding units of law
enforcement officers and prosecutors specifically targeting violent
crimes against women, including the crimes of sexual assault and
domestic violence;
- `(3) developing and implementing more effective police and
prosecution policies, protocols, orders, and services specifically
devoted to preventing, identifying, and responding to violent crimes
against women, including the crimes of sexual assault and domestic
violence;
- `(4) developing, installing, or expanding data collection
and communication systems, including computerized systems, linking
police, prosecutors, and courts or for the purpose of identifying and
tracking arrests, protection orders, violations of protection orders,
prosecutions, and convictions for violent crimes against women,
including the crimes of sexual assault and domestic violence;
- `(5) developing, enlarging, or strengthening victim
services programs, including sexual assault and domestic violence
programs, developing or improving delivery of victim services to racial,
cultural, ethnic, and language minorities, providing specialized
domestic violence court advocates in courts where a significant number
of protection orders are granted, and increasing reporting and reducing
attrition rates for cases involving violent crimes against women,
including crimes of sexual assault and domestic violence;
- `(6) developing, enlarging, or strengthening programs addressing stalking; and
- `(7) developing, enlarging, or strengthening programs
addressing the needs and circumstances of Indian tribes in dealing with
violent crimes against women, including the crimes of sexual assault and
domestic violence.
`SEC. 2002. STATE GRANTS.
- `(a) GENERAL GRANTS- The Attorney General may make grants to
States, for use by States, units of local government, nonprofit
nongovernmental victim services programs, and Indian tribal governments
for the purposes described in section 2001(b).
- `(b) AMOUNTS- Of the amounts appropriated for the purposes of this part--
- `(1) 4 percent shall be available for grants to Indian tribal governments;
- `(2) $500,000 shall be available for grants to applicants in each State; and
- `(3) the remaining funds shall be available for grants to
applicants in each State in an amount that bears the same ratio to the
amount of remaining funds as the population of the State bears to the
population of all of the States that results from a distribution among
the States on the basis of each State's population in relation to the
population of all States (not including populations of Indian tribes).
- `(c) QUALIFICATION- Upon satisfying the terms of subsection
(d), any State shall be qualified for funds provided under this part
upon certification that--
- `(1) the funds shall be used for any of the purposes described in section 2001(b);
- `(2) grantees and subgrantees shall develop a plan for
implementation and shall consult and coordinate with nonprofit,
nongovernmental victim services programs, including sexual assault and
domestic violence victim services programs;
- `(3) at least 25 percent of the amount granted shall be
allocated, without duplication, to each of the following 3 areas:
prosecution, law enforcement, and victim services; and
- `(4) any Federal funds received under this part shall be
used to supplement, not supplant, non-Federal funds that would otherwise
be available for activities funded under this subtitle.
- `(d) APPLICATION REQUIREMENTS- The application requirements
provided in section 513 shall apply to grants made under this part. In
addition, each application shall include the certifications of
qualification required by subsection (c), including documentation from
nonprofit, nongovernmental victim services programs, describing their
participation in developing the plan required by subsection (c)(2). An
application shall include--
- `(1) documentation from the prosecution, law enforcement, and victim services programs to be assisted, demonstrating--
- `(A) need for the grant funds;
- `(B) intended use of the grant funds;
- `(C) expected results from the use of grant funds; and
- `(D) demographic characteristics of the populations to
be served, including age, marital status, disability, race, ethnicity
and language background;
- `(2) proof of compliance with the requirements for the payment of forensic medical exams provided in section 2005; and
- `(3) proof of compliance with the requirements for paying
filing and service fees for domestic violence cases provided in section
2006.
- `(e) DISBURSEMENT-
- `(1) IN GENERAL- Not later than 60 days after the receipt of an application under this part, the Attorney General shall--
- `(A) disburse the appropriate sums provided for under this part; or
- `(B) inform the applicant why the application does not
conform to the terms of section 513 or to the requirements of this
section.
- `(2) REGULATIONS- In disbursing monies under this part,
the Attorney General shall issue regulations to ensure that States
will--
- `(A) give priority to areas of varying geographic size
with the greatest showing of need based on the availability of existing
domestic violence and sexual assault programs in the population and
geographic area to be served in relation to the availability of such
programs in other such populations and geographic areas;
- `(B) determine the amount of subgrants based on the population and geographic area to be served;
- `(C) equitably distribute monies on a geographic basis including nonurban and rural areas of various geographic sizes; and
- `(D) recognize and address the needs of underserved populations.
- `(f) FEDERAL SHARE- The Federal share of a grant made under
this subtitle may not exceed 75 percent of the total costs of the
projects described in the application submitted.
- `(g) INDIAN TRIBES- Funds appropriated by the Congress for the
activities of any agency of an Indian tribal government or of the
Bureau of Indian Affairs performing law enforcement functions on any
Indian lands may be used to provide the non-Federal share of the cost of
programs or projects funded under this part.
- `(h) GRANTEE REPORTING-
- `(1) IN GENERAL- Upon completion of the grant period under
this part, a State or Indian tribal grantee shall file a performance
report with the Attorney General explaining the activities carried out,
which report shall include an assessment of the effectiveness of those
activities in achieving the purposes of this part.
- `(2) CERTIFICATION BY GRANTEE AND SUBGRANTEES- A section
of the performance report shall be completed by each grantee and
subgrantee that performed the direct services contemplated in the
application, certifying performance of direct services under the grant.
- `(3) SUSPENSION OF FUNDING- The Attorney General shall suspend funding for an approved application if--
- `(A) an applicant fails to submit an annual performance report;
- `(B) funds are expended for purposes other than those described in this part; or
- `(C) a report under paragraph (1) or accompanying
assessments demonstrate to the Attorney General that the program is
ineffective or financially unsound.
`SEC. 2003. DEFINITIONS.
- `In this part--
- `(1) the term `domestic violence' includes felony or
misdemeanor crimes of violence committed by a current or former spouse
of the victim, by a person with whom the victim shares a child in
common, by a person who is cohabitating with or has cohabitated with the
victim as a spouse, by a person similarly situated to a spouse of the
victim under the domestic or family violence laws of the jurisdiction
receiving grant monies, or by any other adult person against a victim
who is protected from that person's acts under the domestic or family
violence laws of the jurisdiction receiving grant monies;
- `(2) the term `Indian country' has the meaning stated in section 1151 of title 18, United States Code;
- `(3) the term `Indian tribe' means a tribe, band, pueblo,
nation, or other organized group or community of Indians, including any
Alaska Native village or regional or village corporation (as defined in,
or established pursuant to, the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.)), that is recognized as eligible for the special
programs and services provided by the United States to Indians because
of their status as Indians;
- `(4) the term `law enforcement' means a public agency
charged with policing functions, including any of its component bureaus
(such as governmental victim services programs);
- `(5) the term `prosecution' means any public agency
charged with direct responsibility for prosecuting criminal offenders,
including such agency's component bureaus (such as governmental victim
services programs);
- `(6) the term `sexual assault' means any conduct
proscribed by chapter 109A of title 18, United States Code, whether or
not the conduct occurs in the special maritime and territorial
jurisdiction of the United States or in a Federal prison and includes
both assaults committed by offenders who are strangers to the victim and
assaults committed by offenders who are known or related by blood or
marriage to the victim;
- `(7) the term `underserved populations' includes
populations underserved because of geographic location (such as rural
isolation), underserved racial or ethnic populations, and populations
underserved because of special needs, such as language barriers or
physical disabilities; and
- `(8) the term `victim services' means a nonprofit,
nongovernmental organization that assists domestic violence or sexual
assault victims, including rape crisis centers, battered women's
shelters, and other sexual assault or domestic violence programs,
including nonprofit, nongovernmental organizations assisting domestic
violence or sexual assault victims through the legal process.
`SEC. 2004. GENERAL TERMS AND CONDITIONS.
- `(a) NONMONETARY ASSISTANCE- In addition to the assistance
provided under this part, the Attorney General may request any Federal
agency to use its authorities and the resources granted to it under
Federal law (including personnel, equipment, supplies, facilities, and
managerial, technical, and advisory services) in support of State,
tribal, and local assistance efforts.
- `(b) REPORTING- Not later than 180 days after the end of each
fiscal year for which grants are made under this part, the Attorney
General shall submit to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate a
report that includes, for each State and for each grantee Indian
tribe--
- `(1) the number of grants made and funds distributed under this part;
- `(2) a summary of the purposes for which those grants were provided and an evaluation of their progress;
- `(3) a statistical summary of persons served, detailing
the nature of victimization, and providing data on age, sex,
relationship of victim to offender, geographic distribution, race,
ethnicity, language, and disability; and
- `(4) an evaluation of the effectiveness of programs funded under this part.
- `(c) REGULATIONS OR GUIDELINES- Not later than 120 days after
the date of enactment of this part, the Attorney General shall publish
proposed regulations or guidelines implementing this part. Not later
than 180 days after the date of enactment, the Attorney General shall
publish final regulations or guidelines implementing this part.
`SEC. 2005. RAPE EXAM PAYMENTS.
- `(a) RESTRICTION OF FUNDS-
- `(1) IN GENERAL- A State, Indian tribal government, or
unit of local government, shall not be entitled to funds under this part
unless the State, Indian tribal government, unit of local government,
or another governmental entity incurs the full out-of-pocket cost of
forensic medical exams described in subsection (b) for victims of sexual
assault.
- `(2) REDISTRIBUTION- Funds withheld from a State or unit
of local government under paragraph (1) shall be distributed to other
States or units of local government pro rata. Funds withheld from an
Indian tribal government under paragraph (1) shall be distributed to
other Indian tribal governments pro rata.
- `(b) MEDICAL COSTS- A State, Indian tribal government, or unit
of local government shall be deemed to incur the full out-of-pocket
cost of forensic medical exams for victims of sexual assault if any
government entity--
- `(1) provides such exams to victims free of charge to the victim;
- `(2) arranges for victims to obtain such exams free of charge to the victims; or
- `(3) reimburses victims for the cost of such exams if--
- `(A) the reimbursement covers the full cost of such
exams, without any deductible requirement or limit on the amount of a
reimbursement;
- `(B) the reimbursing governmental entity permits
victims to apply for reimbursement for not less than one year from the
date of the exam;
- `(C) the reimbursing governmental entity provides
reimbursement not later than 90 days after written notification of the
victim's expense; and
- `(D) the State, Indian tribal government, unit of
local government, or reimbursing governmental entity provides
information at the time of the exam to all victims, including victims
with limited or no English proficiency, regarding how to obtain
reimbursement.
`SEC. 2006. FILING COSTS FOR CRIMINAL CHARGES.
- `(a) IN GENERAL- A State, Indian tribal government, or unit of
local government, shall not be entitled to funds under this part unless
the State, Indian tribal government, or unit of local government--
- `(1) certifies that its laws, policies, and practices do
not require, in connection with the prosecution of any misdemeanor or
felony domestic violence offense, that the abused bear the costs
associated with the filing of criminal charges against the domestic
violence offender, or the costs associated with the issuance or service
of a warrant, protection order, or witness subpoena; or
- `(2) gives the Attorney General assurances that its laws,
policies and practices will be in compliance with the requirements of
paragraph (1) within the later of--
- `(A) the period ending on the date on which the next session of the State legislature ends; or
- `(B) 2 years.
- `(b) REDISTRIBUTION- Funds withheld from a State, unit of
local government, or Indian tribal government under subsection (a) shall
be distributed to other States, units of local government, and Indian
tribal government, respectively, pro rata.'.
- (b) TECHNICAL AMENDMENT- The table of contents of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711
et seq.), as amended by section 32101(b), is amended by striking the
matter relating to part T and inserting the following:
`Part T--Grants To Combat Violent Crimes Against Women
- `Sec. 2001. Purpose of the program and grants.
- `Sec. 2002. State grants.
- `Sec. 2003. General definitions.
- `Sec. 2004. General terms and conditions.
- `Sec. 2005. Rape exam payments.
- `Sec. 2006. Filing costs for criminal charges.
`Part U--Transition--Effective Date--Repealer
- `Sec. 2101. Continuation of rules, authorities, and proceedings.'.
- (c) AUTHORIZATION OF APPROPRIATIONS- Section 1001(a) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793), as amended by section 32101(d), is amended--
- (1) in paragraph (3) by striking `and S' and inserting `S, and T'; and
- (2) by adding at the end the following new paragraph:
- `(18) There are authorized to be appropriated to carry out part T--
- `(A) $26,000,000 for fiscal year 1995;
- `(B) $130,000,000 for fiscal year 1996;
- `(C) $145,000,000 for fiscal year 1997;
- `(D) $160,000,000 for fiscal year 1998;
- `(E) $165,000,000 for fiscal year 1999; and
- `(F) $174,000,000 for fiscal year 2000.'.
CHAPTER 3--SAFETY FOR WOMEN IN PUBLIC TRANSIT AND PUBLIC PARKS
SEC. 40131. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN PUBLIC TRANSPORTATION.
- (a) GENERAL PURPOSE- There is authorized to be appropriated
not to exceed $10,000,000, for the Secretary of Transportation (referred
to in this section as the `Secretary') to make capital grants for the
prevention of crime and to increase security in existing and future
public transportation systems. None of the provisions of this Act may be
construed to prohibit the financing of projects under this section
where law enforcement responsibilities are vested in a local public body
other than the grant applicant.
- (b) GRANTS FOR LIGHTING, CAMERA SURVEILLANCE, AND SECURITY PHONES-
- (1) From the sums authorized for expenditure under this
section for crime prevention, the Secretary is authorized to make grants
and loans to States and local public bodies or agencies for the purpose
of increasing the safety of public transportation by--
- (A) increasing lighting within or adjacent to public
transportation systems, including bus stops, subway stations, parking
lots, or garages;
- (B) increasing camera surveillance of areas within and
adjacent to public transportation systems, including bus stops, subway
stations, parking lots, or garages;
- (C) providing emergency phone lines to contact law
enforcement or security personnel in areas within or adjacent to public
transportation systems, including bus stops, subway stations, parking
lots, or garages; or
- (D) any other project intended to increase the security and safety of existing or planned public transportation systems.
- (2) From the sums authorized under this section, at least
75 percent shall be expended on projects of the type described in
subsection (b)(1) (A) and (B).
- (c) REPORTING- All grants under this section are contingent
upon the filing of a report with the Secretary and the Department of
Justice, Office of Victims of Crime, showing crime rates in or adjacent
to public transportation before, and for a 1-year period after, the
capital improvement. Statistics shall be compiled on the basis of the
type of crime, sex, race, ethnicity, language, and relationship of
victim to the offender.
- (d) INCREASED FEDERAL SHARE- Notwithstanding any other
provision of law, the Federal share under this section for each capital
improvement project that enhances the safety and security of public
transportation systems and that is not required by law (including any
other provision of this Act) shall be 90 percent of the net project cost
of the project.
- (e) SPECIAL GRANTS FOR PROJECTS TO STUDY INCREASING SECURITY
FOR WOMEN- From the sums authorized under this section, the Secretary
shall provide grants and loans for the purpose of studying ways to
reduce violent crimes against women in public transit through better
design or operation of public transit systems.
- (f) GENERAL REQUIREMENTS- All grants or loans provided under
this section shall be subject to the same terms, conditions,
requirements, and provisions applicable to grants and loans as specified
in section 5321 of title 49, United States Code.
SEC. 40132. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN NATIONAL PARKS.
- Public Law 91-383 (16 U.S.C. 1a-1 et seq.) is amended by adding at the end the following new section:
`SEC. 13. NATIONAL PARK SYSTEM CRIME PREVENTION ASSISTANCE.
- `(a) AVAILABILITY OF FUNDS- There are authorized to be
appropriated out of the Violent Crime Reduction Trust Fund, not to
exceed $10,000,000, for the Secretary of the Interior to take all
necessary actions to seek to reduce the incidence of violent crime in
the National Park System.
- `(b) RECOMMENDATIONS FOR IMPROVEMENT- The Secretary shall
direct the chief official responsible for law enforcement within the
National Park Service to--
- `(1) compile a list of areas within the National Park System with the highest rates of violent crime;
- `(2) make recommendations concerning capital improvements,
and other measures, needed within the National Park System to reduce
the rates of violent crime, including the rate of sexual assault; and
- `(3) publish the information required by paragraphs (1) and (2) in the Federal Register.
- `(c) DISTRIBUTION OF FUNDS- Based on the recommendations and
list issued pursuant to subsection (b), the Secretary shall distribute
the funds authorized by subsection (a) throughout the National Park
System. Priority shall be given to those areas with the highest rates of
sexual assault.
- `(d) USE OF FUNDS- Funds provided under this section may be used--
- `(1) to increase lighting within or adjacent to National Park System units;
- `(2) to provide emergency phone lines to contact law
enforcement or security personnel in areas within or adjacent to
National Park System units;
- `(3) to increase security or law enforcement personnel within or adjacent to National Park System units; or
- `(4) for any other project intended to increase the security and safety of National Park System units.'.
SEC. 40133. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN PUBLIC PARKS.
- Section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8) is amended by adding at the end the following new subsection:
- `(h) CAPITAL IMPROVEMENT AND OTHER PROJECTS TO REDUCE CRIME-
- `(1) AVAILABILITY OF FUNDS- In addition to assistance for
planning projects, and in addition to the projects identified in
subsection (e), and from amounts appropriated out of the Violent Crime
Reduction Trust Fund, the Secretary may provide financial assistance to
the States, not to exceed $15,000,000, for projects or combinations
thereof for the purpose of making capital improvements and other
measures to increase safety in urban parks and recreation areas,
including funds to--
- `(A) increase lighting within or adjacent to public parks and recreation areas;
- `(B) provide emergency phone lines to contact law
enforcement or security personnel in areas within or adjacent to public
parks and recreation areas;
- `(C) increase security personnel within or adjacent to public parks and recreation areas; and
- `(D) fund any other project intended to increase the security and safety of public parks and recreation areas.
- `(2) ELIGIBILITY- In addition to the requirements for
project approval imposed by this section, eligibility for assistance
under this subsection shall be dependent upon a showing of need. In
providing funds under this subsection, the Secretary shall give priority
to projects proposed for urban parks and recreation areas with the
highest rates of crime and, in particular, to urban parks and recreation
areas with the highest rates of sexual assault.
- `(3) FEDERAL SHARE- Notwithstanding subsection (c), the
Secretary may provide 70 percent improvement grants for projects
undertaken by any State for the purposes described in this subsection,
and the remaining share of the cost shall be borne by the State.'.
CHAPTER 4--NEW EVIDENTIARY RULES
SEC. 40141. SEXUAL HISTORY IN CRIMINAL AND CIVIL CASES.
- (a) MODIFICATION OF PROPOSED AMENDMENT- The proposed
amendments to the Federal Rules of Evidence that are embraced by an
order entered by the Supreme Court of the United States on April 29,
1994, shall take effect on December 1, 1994, as otherwise provided by
law, but with the amendment made by subsection (b).
- (b) RULE- Rule 412 of the Federal Rules of Evidence is amended to read as follows:
`Rule 412. Sex Offense Cases; Relevance of Alleged Victim's Past Sexual Behavior or Alleged Sexual Predisposition
- `(a) EVIDENCE GENERALLY INADMISSIBLE- The following evidence
is not admissible in any civil or criminal proceeding involving alleged
sexual misconduct except as provided in subdivisions (b) and (c):
- `(1) Evidence offered to prove that any alleged victim engaged in other sexual behavior.
- `(2) Evidence offered to prove any alleged victim's sexual predisposition.
- `(b) EXCEPTIONS-
- `(1) In a criminal case, the following evidence is admissible, if otherwise admissible under these rules:
- `(A) evidence of specific instances of sexual behavior
by the alleged victim offered to prove that a person other than the
accused was the source of semen, injury or other physical evidence;
- `(B) evidence of specific instances of sexual behavior
by the alleged victim with respect to the person accused of the sexual
misconduct offered by the accused to prove consent or by the
prosecution; and
- `(C) evidence the exclusion of which would violate the constitutional rights of the defendant.
- `(2) In a civil case, evidence offered to prove the sexual
behavior or sexual predisposition of any alleged victim is admissible
if it is otherwise admissible under these rules and its probative value
substantially outweighs the danger of harm to any victim and of unfair
prejudice to any party. Evidence of an alleged victim's reputation is
admissible only if it has been placed in controversy by the alleged
victim.
- `(c) PROCEDURE TO DETERMINE ADMISSIBILITY-
- `(1) A party intending to offer evidence under subdivision (b) must--
- `(A) file a written motion at least 14 days before
trial specifically describing the evidence and stating the purpose for
which it is offered unless the court, for good cause requires a
different time for filing or permits filing during trial; and
- `(B) serve the motion on all parties and notify the
alleged victim or, when appropriate, the alleged victim's guardian or
representative.
- `(2) Before admitting evidence under this rule the court
must conduct a hearing in camera and afford the victim and parties a
right to attend and be heard. The motion, related papers, and the
record of the hearing must be sealed and remain under seal unless the
court orders otherwise.'.
- (c) TECHNICAL AMENDMENT- The table of contents for the Federal
Rules of Evidence is amended by amending the item relating to rule 412
to read as follows:
- `412. Sex Offense Cases; Relevance of Alleged Victim's Past Sexual Behavior or Alleged Sexual Predisposition:
- `(a) Evidence generally inadmissible.
- `(b) Exceptions.
- `(c) Procedure to determine admissibility.'.
CHAPTER 5--ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT
SEC. 40151. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ASSAULTS AGAINST WOMEN.
- Part A of title XIX of the Public Health and Human Services
Act (42 U.S.C. 300w et seq.) is amended by adding at the end the
following new section:
`SEC. 1910A. USE OF ALLOTMENTS FOR RAPE PREVENTION EDUCATION.
- `(a) PERMITTED USE- Notwithstanding section 1904(a)(1),
amounts transferred by the State for use under this part may be used for
rape prevention and education programs conducted by rape crisis centers
or similar nongovernmental nonprofit entities for--
- `(1) educational seminars;
- `(2) the operation of hotlines;
- `(3) training programs for professionals;
- `(4) the preparation of informational materials; and
- `(5) other efforts to increase awareness of the facts
about, or to help prevent, sexual assault, including efforts to increase
awareness in underserved racial, ethnic, and language minority
communities.
- `(b) TARGETING OF EDUCATION PROGRAMS- States providing grant
monies must ensure that at least 25 percent of the monies are devoted to
education programs targeted for middle school, junior high school, and
high school students.
- `(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section--
- `(1) $35,000,000 for fiscal year 1996;
- `(2) $35,000,000 for fiscal year 1997;
- `(3) $45,000,000 for fiscal year 1998;
- `(4) $45,000,000 for fiscal year 1999; and
- `(5) $45,000,000 for fiscal year 2000.
- `(d) LIMITATION- Funds authorized under this section may only be used for providing rape prevention and education programs.
- `(e) DEFINITION- For purposes of this section, the term `rape
prevention and education' includes education and prevention efforts
directed at offenses committed by offenders who are not known to the
victim as well as offenders who are known to the victim.
- `(f) TERMS- The Secretary shall make allotments to each State
on the basis of the population of the State, and subject to the
conditions provided in this section and sections 1904 through 1909.'.
SEC. 40152. TRAINING PROGRAMS.
- (a) IN GENERAL- The Attorney General, after consultation with
victim advocates and individuals who have expertise in treating sex
offenders, shall establish criteria and develop training programs to
assist probation and parole officers and other personnel who work with
released sex offenders in the areas of--
- (1) case management;
- (2) supervision; and
- (3) relapse prevention.
- (b) TRAINING PROGRAMS- The Attorney General shall ensure, to
the extent practicable, that training programs developed under
subsection (a) are available in geographically diverse locations
throughout the country.
- (c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section--
- (1) $1,000,000 for fiscal year 1996; and
- (2) $1,000,000 for fiscal year 1997.
SEC. 40153. CONFIDENTIALITY OF COMMUNICATIONS BETWEEN SEXUAL ASSAULT OR DOMESTIC VIOLENCE VICTIMS AND THEIR COUNSELORS.
- (a) STUDY AND DEVELOPMENT OF MODEL LEGISLATION- The Attorney General shall--
- (1) study and evaluate the manner in which the States have
taken measures to protect the confidentiality of communications between
sexual assault or domestic violence victims and their therapists or
trained counselors;
- (2) develop model legislation that will provide the
maximum protection possible for the confidentiality of such
communications, within any applicable constitutional limits, taking into
account the following factors:
- (A) the danger that counseling programs for victims of
sexual assault and domestic violence will be unable to achieve their
goal of helping victims recover from the trauma associated with these
crimes if there is no assurance that the records of the counseling
sessions will be kept confidential;
- (B) consideration of the appropriateness of an
absolute privilege for communications between victims of sexual assault
or domestic violence and their therapists or trained counselors, in
light of the likelihood that such an absolute privilege will provide the
maximum guarantee of confidentiality but also in light of the
possibility that such an absolute privilege may be held to violate the
rights of criminal defendants under the Federal or State constitutions
by denying them the opportunity to obtain exculpatory evidence and
present it at trial; and
- (C) consideration of what limitations on the
disclosure of confidential communications between victims of these
crimes and their counselors, short of an absolute privilege, are most
likely to ensure that the counseling programs will not be undermined,
and specifically whether no such disclosure should be allowed unless, at
a minimum, there has been a particularized showing by a criminal
defendant of a compelling need for records of such communications, and
adequate procedural safeguards are in place to prevent unnecessary or
damaging disclosures; and
- (3) prepare and disseminate to State authorities the
findings made and model legislation developed as a result of the study
and evaluation.
- (b) REPORT AND RECOMMENDATIONS- Not later than the date that
is 1 year after the date of enactment of this Act, the Attorney General
shall report to the Congress--
- (1) the findings of the study and the model legislation required by this section; and
- (2) recommendations based on the findings on the need for and appropriateness of further action by the Federal Government.
- (c) REVIEW OF FEDERAL EVIDENTIARY RULES- The Judicial
Conference of the United States shall evaluate and report to Congress
its views on whether the Federal Rules of Evidence should be amended,
and if so, how they should be amended, to guarantee that the
confidentiality of communications between sexual assault victims and
their therapists or trained counselors will be adequately protected in
Federal court proceedings.
SEC. 40154. INFORMATION PROGRAMS.
- The Attorney General shall compile information regarding sex
offender treatment programs and ensure that information regarding
community treatment programs in the community into which a convicted sex
offender is released is made available to each person serving a
sentence of imprisonment in a Federal penal or correctional institution
for a commission of an offense under chapter 109A of title 18, United
States Code, or for the commission of a similar offense, including
halfway houses and psychiatric institutions.
SEC. 40155. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ABUSE OF RUNAWAY, HOMELESS, AND STREET YOUTH.
- Part A of the Runaway and Homeless Youth Act (42 U.S.C. 5711 et seq.) is amended--
- (1) by redesignating sections 316 and 317 as sections 317 and 318, respectively; and
- (2) by inserting after section 315 the following new section:
`GRANTS FOR PREVENTION OF SEXUAL ABUSE AND EXPLOITATION
- `SEC. 316. (a) IN GENERAL- The Secretary shall make grants
under this section to private, nonprofit agencies for street-based
outreach and education, including treatment, counseling, provision of
information, and referral for runaway, homeless, and street youth who
have been subjected to or are at risk of being subjected to sexual
abuse.
- `(b) PRIORITY- In selecting among applicants for grants under
subsection (a), the Secretary shall give priority to agencies that have
experience in providing services to runaway, homeless, and street youth.
- `(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section--
- `(1) $7,000,000 for fiscal year 1996;
- `(2) $8,000,000 for fiscal year 1997; and
- `(3) $15,000,000 for fiscal year 1998.
- `(d) DEFINITIONS- For the purposes of this section--
- `(1) the term `street-based outreach and education'
includes education and prevention efforts directed at offenses committed
by offenders who are not known to the victim as well as offenders who
are known to the victim; and
- `(2) the term `street youth' means a juvenile who spends a
significant amount of time on the street or in other areas of exposure
to encounters that may lead to sexual abuse.'.
SEC. 40156. VICTIMS OF CHILD ABUSE PROGRAMS.
- (a) COURT-APPOINTED SPECIAL ADVOCATE PROGRAM-
- (1) REAUTHORIZATION- Section 218(a) of the Victims of
Child Abuse Act of 1990 (42 U.S.C. 13014(a)) is amended to read as
follows:
- `(a) AUTHORIZATION- There are authorized to be appropriated to carry out this subtitle--
- `(1) $6,000,000 for fiscal year 1996;
- `(2) $6,000,000 for fiscal year 1997;
- `(3) $7,000,000 for fiscal year 1998;
- `(4) $9,000,000 for fiscal year 1999; and
- `(5) $10,000,000 for fiscal year 2000.'.
- (2) TECHNICAL AMENDMENT- Section 216 of the Victims of
Child Abuse Act of 1990 (42 U.S.C. 13012) is amended by striking `this
chapter' and inserting `this subtitle'.
- (b) CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL PERSONNEL AND PRACTITIONERS-
- (1) REAUTHORIZATION- Section 224(a) of the Victims of
Child Abuse Act of 1990 (42 U.S.C. 13024(a)) is amended to read as
follows:
- `(a) AUTHORIZATION- There are authorized to be appropriated to carry out this subtitle--
- `(1) $750,000 for fiscal year 1996;
- `(2) $1,000,000 for fiscal year 1997;
- `(3) $2,000,000 for fiscal year 1998;
- `(4) $2,000,000 for fiscal year 1999; and
- `(5) $2,300,000 for fiscal year 2000.'.
- (2) TECHNICAL AMENDMENT- Section 221(b) of the Victims of
Child Abuse Act of 1990 (42 U.S.C. 13021(b)) is amended by striking
`this chapter' and inserting `this subtitle'.
- (c) GRANTS FOR TELEVISED TESTIMONY- Title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended--
- (1) by amending section 1001(a)(7) (42 U.S.C. 3793(a)(7)) to read as follows:
- `(7) There are authorized to be appropriated to carry out part N--
- `(A) $250,000 for fiscal year 1996;
- `(B) $1,000,000 for fiscal year 1997;
- `(C) $1,000,000 for fiscal year 1998;
- `(D) $1,000,000 for fiscal year 1999; and
- `(E) $1,000,000 for fiscal year 2000.';
- (2) in section 1402 (42 U.S.C. 3796aa-1) by striking `to
States, for the use of States and units of local government in the
States';
- (3) in section 1403 (42 U.S.C. 3796aa-2)--
- (A) by inserting `or unit of local government' after `of a State';
- (B) by inserting `and' after paragraph (1);
- (C) in paragraph (2) by striking the semicolon at the end and inserting a period; and
- (D) by striking paragraphs (3) and (4);
- (4) in section 1404 (42 U.S.C. 3796aa-3)--
- (A) in subsection (a)--
- (i) by striking `The Bureau' and all that follows
through `determining that' and inserting `An applicant is eligible to
receive a grant under this part if--';
- (ii) in paragraph (1) by striking `there is in
effect in such State' and inserting `the applicant certifies and the
Director determines that there is in effect in the State';
- (iii) in paragraph (2) by striking `such State law
shall meet' and inserting `the applicant certifies and the Director
determines that State law meets';
- (iv) by inserting `and' after subparagraph (E);
- (v) in paragraph (3)--
- (I) by inserting `the Director determines that' before `the application'; and
- (II) by striking `; and' and inserting a period;
- (vi) by striking paragraph (4);
- (vii) by striking `Each application' and inserting the following:
- `(b) Each application'; and
- (viii) by striking `the Bureau' each place it appears and inserting `the Director'; and
- (B) by redesignating subsection (b) as subsection (c) and by striking `The Bureau' and inserting `The Director';
- (5) by striking section 1405 (42 U.S.C. 3796aa-4);
- (6) in section 1406 (42 U.S.C. 3796aa-5)--
- (A) in subsection (a)--
- (i) by striking `State which' and inserting `State or unit of local government that';
- (ii) by striking `title' and inserting `part'; and
- (iii) in paragraph (1) by striking `State'; and
- (B) in subsection (b)(1) by striking `such State' and inserting `the State and units of local government in the State';
- (7) in section 1407 (42 U.S.C. 3796aa-6)--
- (A) in subsection (c)--
- (i) by striking `Each State' and all that follows
through `effective audit' and inserting `Grant recipients (or private
organizations with which grant recipients have contracted to provide
equipment or training using grant funds) shall keep such records as the
Director may require by rule to facilitate such an audit.'; and
- (ii) in paragraph (2) by striking `States which
receive grants, and of units of local government which receive any part
of a grant made under this part' and inserting `grant recipients (or
private organizations with which grant recipients have contracted to
provide equipment or training using grant funds)'; and
- (B) by adding at the end the following new subsection:
- `(d) UTILIZATION OF PRIVATE SECTOR- Nothing in this part shall
prohibit the utilization of any grant funds to contract with a private
organization to provide equipment or training for the televising of
testimony as contemplated by the application submitted by an
applicant.';
- (8) by striking section 1408 (42 U.S.C. 3796aa-7); and
- (9) in the table of contents--
- (A) in the item relating to section 1405 by striking
`Allocation and distribution of funds under formula grants' and
inserting `(Repealed)'; and
- (B) in the item relating to section 1408 by striking `State office' and inserting `(Repealed)'.
Subtitle B--Safe Homes for Women
SEC. 40201. SHORT TITLE.
- This title may be cited as the `Safe Homes for Women Act of 1994'.
CHAPTER 1--NATIONAL DOMESTIC VIOLENCE HOTLINE
SEC. 40211. GRANT FOR A NATIONAL DOMESTIC VIOLENCE HOTLINE.
- The Family Violence Prevention and Services Act (42 U.S.C.
10401 et seq.) is amended by adding at the end the following new
section:
`SEC. 316. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.
- `(a) IN GENERAL- The Secretary may award a grant to a private,
nonprofit entity to provide for the operation of a national, toll-free
telephone hotline to provide information and assistance to victims of
domestic violence.
- `(b) DURATION- A grant under this section may extend over a period of not more than 5 years.
- `(c) ANNUAL APPROVAL- The provision of payments under a grant
under this section shall be subject to annual approval by the Secretary
and subject to the availability of appropriations for each fiscal year
to make the payments.
- `(d) ACTIVITIES- Funds received by an entity under this
section shall be used to establish and operate a national, toll-free
telephone hotline to provide information and assistance to victims of
domestic violence. In establishing and operating the hotline, a private,
nonprofit entity shall--
- `(1) contract with a carrier for the use of a toll-free telephone line;
- `(2) employ, train, and supervise personnel to answer
incoming calls and provide counseling and referral services to callers
on a 24-hour-a-day basis;
- `(3) assemble and maintain a current database of
information relating to services for victims of domestic violence to
which callers may be referred throughout the United States, including
information on the availability of shelters that serve battered women;
and
- `(4) publicize the hotline to potential users throughout the United States.
- `(e) APPLICATION- A grant may not be made under this section
unless an application for such grant has been approved by the Secretary.
To be approved by the Secretary under this subsection an application
shall--
- `(1) contain such agreements, assurances, and information,
be in such form and be submitted in such manner as the Secretary shall
prescribe through notice in the Federal Register;
- `(2) include a complete description of the applicant's
plan for the operation of a national domestic violence hotline,
including descriptions of--
- `(A) the training program for hotline personnel;
- `(B) the hiring criteria for hotline personnel;
- `(C) the methods for the creation, maintenance and updating of a resource database;
- `(D) a plan for publicizing the availability of the hotline;
- `(E) a plan for providing service to non-English speaking callers, including hotline personnel who speak Spanish; and
- `(F) a plan for facilitating access to the hotline by persons with hearing impairments;
- `(3) demonstrate that the applicant has nationally
recognized expertise in the area of domestic violence and a record of
high quality service to victims of domestic violence, including a
demonstration of support from advocacy groups, such as domestic violence
State coalitions or recognized national domestic violence groups;
- `(4) demonstrates that the applicant has a commitment to
diversity, and to the provision of services to ethnic, racial, and
non-English speaking minorities, in addition to older individuals and
individuals with disabilities; and
- `(5) contain such other information as the Secretary may require.
- `(f) AUTHORIZATION OF APPROPRIATIONS-
- `(1) IN GENERAL- There are authorized to be appropriated to carry out this section--
- `(A) $1,000,000 for fiscal year 1995;
- `(B) $400,000 for fiscal year 1996;
- `(C) $400,000 for fiscal year 1997;
- `(D) $400,000 for fiscal year 1998;
- `(E) $400,000 for fiscal year 1999; and
- `(F) $400,000 for fiscal year 2000.
- `(2) AVAILABILITY- Funds authorized to be appropriated under paragraph (1) shall remain available until expended.'.
CHAPTER 2--INTERSTATE ENFORCEMENT
SEC. 40221. INTERSTATE ENFORCEMENT.
- (a) IN GENERAL- Part 1 of title 18, United States Code, is amended by inserting after chapter 110 the following new chapter:
`CHAPTER 110A--DOMESTIC VIOLENCE
- `Sec. 2261. Interstate domestic violence.
- `Sec. 2262. Interstate violation of protection order.
- `Sec. 2263. Pretrial release of defendant.
- `Sec. 2264. Restitution.
- `Sec. 2265. Full faith and credit given to protection orders.
- `Sec. 2266. Definitions.
`Sec. 2261. Interstate domestic violence
- `(a) OFFENSES-
- `(1) CROSSING A STATE LINE- A person who travels across a
State line or enters or leaves Indian country with the intent to injure,
harass, or intimidate that person's spouse or intimate partner, and
who, in the course of or as a result of such travel, intentionally
commits a crime of violence and thereby causes bodily injury to such
spouse or intimate partner, shall be punished as provided in subsection
(b).
- `(2) CAUSING THE CROSSING OF A STATE LINE- A person who
causes a spouse or intimate partner to cross a State line or to enter or
leave Indian country by force, coercion, duress, or fraud and, in the
course or as a result of that conduct, intentionally commits a crime of
violence and thereby causes bodily injury to the person's spouse or
intimate partner, shall be punished as provided in subsection (b).
- `(b) PENALTIES- A person who violates this section shall be fined under this title, imprisoned--
- `(1) for life or any term of years, if death of the offender's spouse or intimate partner results;
- `(2) for not more than 20 years if permanent disfigurement
or life threatening bodily injury to the offender's spouse or intimate
partner results;
- `(3) for not more than 10 years, if serious bodily injury
to the offender's spouse or intimate partner results or if the offender
uses a dangerous weapon during the offense;
- `(4) as provided for the applicable conduct under chapter
109A if the offense would constitute an offense under chapter 109A
(without regard to whether the offense was committed in the special
maritime and territorial jurisdiction of the United States or in a
Federal prison); and
- `(5) for not more than 5 years, in any other case,
- or both fined and imprisoned.
`Sec. 2262. Interstate violation of protection order
- `(a) OFFENSES-
- `(1) CROSSING A STATE LINE- A person who travels across a
State line or enters or leaves Indian country with the intent to engage
in conduct that--
- `(A)(i) violates the portion of a protection order
that involves protection against credible threats of violence, repeated
harassment, or bodily injury to the person or persons for whom the
protection order was issued; or
- `(ii) would violate subparagraph (A) if the conduct occurred in the jurisdiction in which the order was issued; and
- `(B) subsequently engages in such conduct,
- shall be punished as provided in subsection (b).
- `(2) CAUSING THE CROSSING OF A STATE LINE- A person who
causes a spouse or intimate partner to cross a State line or to enter or
leave Indian country by force, coercion, duress, or fraud, and, in the
course or as a result of that conduct, intentionally commits an act that
injures the person's spouse or intimate partner in violation of a valid
protection order issued by a State shall be punished as provided in
subsection (b).
- `(b) PENALTIES- A person who violates this section shall be fined under this title, imprisoned--
- `(1) for life or any term of years, if death of the offender's spouse or intimate partner results;
- `(2) for not more than 20 years if permanent disfigurement
or life threatening bodily injury to the offender's spouse or intimate
partner results;
- `(3) for not more than 10 years, if serious bodily injury
to the offender's spouse or intimate partner results or if the offender
uses a dangerous weapon during the offense;
- `(4) as provided for the applicable conduct under chapter
109A if the offense would constitute an offense under chapter 109A
(without regard to whether the offense was committed in the special
maritime and territorial jurisdiction of the United States or in a
Federal prison); and
- `(5) for not more than 5 years, in any other case,
- or both fined and imprisoned.
`Sec. 2263. Pretrial release of defendant
- `In any proceeding pursuant to section 3142 for the purpose of
determining whether a defendant charged under this chapter shall be
released pending trial, or for the purpose of determining conditions of
such release, the alleged victim shall be given an opportunity to be
heard regarding the danger posed by the defendant.
`Sec. 2264. Restitution
- `(a) IN GENERAL- Notwithstanding section 3663, and in addition
to any other civil or criminal penalty authorized by law, the court
shall order restitution for any offense under this chapter.
- `(b) SCOPE AND NATURE OF ORDER-
- `(1) DIRECTIONS- The order of restitution under this section shall direct that--
- `(A) the defendant pay to the victim (through the
appropriate court mechanism) the full amount of the victim's losses as
determined by the court, pursuant to paragraph (3); and
- `(B) the United States Attorney enforce the restitution order by all available and reasonable means.
- `(2) ENFORCEMENT BY VICTIM- An order of restitution also
may be enforced by a victim named in the order to receive the
restitution in the same manner as a judgment in a civil action.
- `(3) DEFINITION- For purposes of this subsection, the term
`full amount of the victim's losses' includes any costs incurred by the
victim for--
- `(A) medical services relating to physical, psychiatric, or psychological care;
- `(B) physical and occupational therapy or rehabilitation;
- `(C) necessary transportation, temporary housing, and child care expenses;
- `(D) lost income;
- `(E) attorneys' fees, plus any costs incurred in obtaining a civil protection order; and
- `(F) any other losses suffered by the victim as a proximate result of the offense.
- `(4) ORDER MANDATORY- (A) The issuance of a restitution order under this section is mandatory.
- `(B) A court may not decline to issue an order under this section because of--
- `(i) the economic circumstances of the defendant; or
- `(ii) the fact that a victim has, or is entitled to,
receive compensation for his or her injuries from the proceeds of
insurance or any other source.
- `(C)(i) Notwithstanding subparagraph (A), the court may
take into account the economic circumstances of the defendant in
determining the manner in which and the schedule according to which the
restitution is to be paid.
- `(ii) For purposes of this subparagraph, the term `economic circumstances' includes--
- `(I) the financial resources and other assets of the defendant;
- `(II) projected earnings, earning capacity, and other income of the defendant; and
- `(III) any financial obligations of the defendant, including obligations to dependents.
- `(D) Subparagraph (A) does not apply if--
- `(i) the court finds on the record that the economic
circumstances of the defendant do not allow for the payment of any
amount of a restitution order, and do not allow for the payment of any
or some portion of the amount of a restitution order in the foreseeable
future (under any reasonable schedule of payments); and
- `(ii) the court enters in its order the amount of the victim's losses, and provides a nominal restitution award.
- `(5) MORE THAN 1 OFFENDER- When the court finds that more
than 1 offender has contributed to the loss of a victim, the court may
make each offender liable for payment of the full amount of restitution
or may apportion liability among the offenders to reflect the level of
contribution and economic circumstances of each offender.
- `(6) MORE THAN 1 VICTIM- When the court finds that more
than 1 victim has sustained a loss requiring restitution by an offender,
the court shall order full restitution of each victim but may provide
for different payment schedules to reflect the economic circumstances of
each victim.
- `(7) PAYMENT SCHEDULE- An order under this section may
direct the defendant to make a single lump-sum payment or partial
payments at specified intervals.
- `(8) SETOFF- Any amount paid to a victim under this
section shall be set off against any amount later recovered as
compensatory damages by the victim from the defendant in--
- `(A) any Federal civil proceeding; and
- `(B) any State civil proceeding, to the extent provided by the law of the State.
- `(9) EFFECT ON OTHER SOURCES OF COMPENSATION- The issuance
of a restitution order shall not affect the entitlement of a victim to
receive compensation with respect to a loss from insurance or any other
source until the payments actually received by the victim under the
restitution order fully compensate the victim for the loss.
- `(10) CONDITION OF PROBATION OR SUPERVISED RELEASE-
Compliance with a restitution order issued under this section shall be a
condition of any probation or supervised release of a defendant. If an
offender fails to comply with a restitution order, the court may, after
a hearing, revoke probation or a term of supervised release, modify the
terms or conditions of probation or a term of supervised release, or
hold the defendant in contempt pursuant to section 3583(e). In
determining whether to revoke probation or a term of supervised release,
modify the terms or conditions of probation or supervised release or
hold a defendant serving a term of supervised release in contempt, the
court shall consider the defendant's employment status, earning ability
and financial resources, the willfulness of the defendant's failure to
comply, and any other circumstances that may have a bearing on the
defendant's ability to comply.
- `(c) AFFIDAVIT- Within 60 days after conviction and, in any
event, not later than 10 days before sentencing, the United States
Attorney (or such Attorney's delegate), after consulting with the
victim, shall prepare and file an affidavit with the court listing the
amounts subject to restitution under this section. The affidavit shall
be signed by the United States Attorney (or the delegate) and the
victim. Should the victim object to any of the information included in
the affidavit, the United States Attorney (or the delegate) shall advise
the victim that the victim may file a separate affidavit and assist the
victim in the preparation of the affidavit.
- `(d) OBJECTION- If, after the defendant has been notified of
the affidavit, no objection is raised by the defendant, the amounts
attested to in the affidavit filed pursuant to subsection (a) shall be
entered in the court's restitution order. If objection is raised, the
court may require the victim or the United States Attorney (or the
United States Attorney's delegate) to submit further affidavits or other
supporting documents, demonstrating the victim's losses.
- `(e) ADDITIONAL DOCUMENTATION AND TESTIMONY- If the court
concludes, after reviewing the supporting documentation and considering
the defendant's objections, that there is a substantial reason for
doubting the authenticity or veracity of the records submitted, the
court may require additional documentation or hear testimony on those
questions. The privacy of any records filed, or testimony heard,
pursuant to this section, shall be maintained to the greatest extent
possible, and such records may be filed or testimony heard in camera.
- `(f) FINAL DETERMINATION OF LOSSES- If the victim's losses are
not ascertainable 10 days before sentencing as provided in subsection
(c), the United States Attorney (or the United States Attorney's
delegate) shall so inform the court, and the court shall set a date for
the final determination of the victim's losses, not to exceed 90 days
after sentencing. If the victim subsequently discovers further losses,
the victim shall have 90 days after discovery of those losses in which
to petition the court for an amended restitution order. Such order may
be granted only upon a showing of good cause for the failure to include
such losses in the initial claim for restitutionary relief.
- `(g) RESTITUTION IN ADDITION TO PUNISHMENT- An award of
restitution to the victim of an offense under this chapter is not a
substitute for imposition of punishment under this chapter.
`Sec. 2265. Full faith and credit given to protection orders
- `(a) FULL FAITH AND CREDIT- Any protection order issued that
is consistent with subsection (b) of this section by the court of one
State or Indian tribe (the issuing State or Indian tribe) shall be
accorded full faith and credit by the court of another State or Indian
tribe (the enforcing State or Indian tribe) and enforced as if it were
the order of the enforcing State or tribe.
- `(b) PROTECTION ORDER- A protection order issued by a State or tribal court is consistent with this subsection if--
- `(1) such court has jurisdiction over the parties and matter under the law of such State or Indian tribe; and
- `(2) reasonable notice and opportunity to be heard is
given to the person against whom the order is sought sufficient to
protect that person's right to due process. In the case of ex parte
orders, notice and opportunity to be heard must be provided within the
time required by State or tribal law, and in any event within a
reasonable time after the order is issued, sufficient to protect the
respondent's due process rights.
- `(c) CROSS OR COUNTER PETITION- A protection order issued by a
State or tribal court against one who has petitioned, filed a
complaint, or otherwise filed a written pleading for protection against
abuse by a spouse or intimate partner is not entitled to full faith and
credit if--
- `(1) no cross or counter petition, complaint, or other written pleading was filed seeking such a protection order; or
- `(2) a cross or counter petition has been filed and the
court did not make specific findings that each party was entitled to
such an order.
`Sec. 2266. Definitions
- `In this chapter--
- `bodily injury' means any act, except one done in self-defense, that results in physical injury or sexual abuse.
- `Indian country' has the meaning stated in section 1151.
- `protection order' includes any injunction or other order
issued for the purpose of preventing violent or threatening acts or
harassment against, or contact or communication with or physical
proximity to, another person, including temporary and final orders
issued by civil and criminal courts (other than support or child custody
orders) whether obtained by filing an independent action or as a
pendente lite order in another proceeding so long as any civil order was
issued in response to a complaint, petition or motion filed by or on
behalf of a person seeking protection.
- `spouse or intimate partner' includes--
- `(A) a spouse, a former spouse, a person who shares a
child in common with the abuser, and a person who cohabits or has
cohabited with the abuser as a spouse; and
- `(B) any other person similarly situated to a spouse
who is protected by the domestic or family violence laws of the State in
which the injury occurred or where the victim resides.
- `State' includes a State of the United States, the
District of Columbia, a commonwealth, territory, or possession of the
United States.
- `travel across State lines' does not include travel across
State lines by an individual who is a member of an Indian tribe when
such individual remains at all times in the territory of the Indian
tribe of which the individual is a member.'.
- (b) TECHNICAL AMENDMENT- The part analysis for part I of title
18, United States Code, is amended by inserting after the item for
chapter 110 the following new item:
2261.'.
CHAPTER 3--ARREST POLICIES IN DOMESTIC VIOLENCE CASES
SEC. 40231. ENCOURAGING ARREST POLICIES.
- (a) IN GENERAL- Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section
40121(a), is amended--
- (1) by redesignating part U as part V;
- (2) by redesignating section 2101 as section 2201; and
- (3) by inserting after part T the following new part:
`PART U--GRANTS TO ENCOURAGE ARREST POLICIES
`SEC. 2101. GRANTS.
- `(a) PURPOSE- The purpose of this part is to encourage States,
Indian tribal governments, and units of local government to treat
domestic violence as a serious violation of criminal law.
- `(b) GRANT AUTHORITY- The Attorney General may make grants to
eligible States, Indian tribal governments, or units of local government
for the following purposes:
- `(1) To implement mandatory arrest or proarrest programs
and policies in police departments, including mandatory arrest programs
and policies for protection order violations.
- `(2) To develop policies and training in police departments to improve tracking of cases involving domestic violence.
- `(3) To centralize and coordinate police enforcement,
prosecution, or judicial responsibility for domestic violence cases in
groups or units of police officers, prosecutors, or judges.
- `(4) To coordinate computer tracking systems to ensure
communication between police, prosecutors, and both criminal and family
courts.
- `(5) To strengthen legal advocacy service programs for victims of domestic violence.
- `(6) To educate judges in criminal and other courts about domestic violence and to improve judicial handling of such cases.
- `(c) ELIGIBILITY- Eligible grantees are States, Indian tribal governments, or units of local government that--
- `(1) certify that their laws or official policies--
- `(A) encourage or mandate arrests of domestic violence
offenders based on probable cause that an offense has been committed;
and
- `(B) encourage or mandate arrest of domestic violence
offenders who violate the terms of a valid and outstanding protection
order;
- `(2) demonstrate that their laws, policies, or practices
and their training programs discourage dual arrests of offender and
victim;
- `(3) certify that their laws, policies, or practices
prohibit issuance of mutual restraining orders of protection except in
cases where both spouses file a claim and the court makes detailed
findings of fact indicating that both spouses acted primarily as
aggressors and that neither spouse acted primarily in self-defense; and
- `(4) certify that their laws, policies, or practices do
not require, in connection with the prosecution of any misdemeanor or
felony domestic violence offense, that the abused bear the costs
associated with the filing of criminal charges or the service of such
charges on an abuser, or that the abused bear the costs associated with
the issuance or service of a warrant, protection order, or witness
subpoena.
`SEC. 2102. APPLICATIONS.
- `(a) APPLICATION- An eligible grantee shall submit an application to the Attorney General that--
- `(1) contains a certification by the chief executive
officer of the State, Indian tribal government, or local government
entity that the conditions of section 2101(c) are met or will be met
within the later of--
- `(A) the period ending on the date on which the next session of the State or Indian tribal legislature ends; or
- `(B) 2 years of the date of enactment of this part;
- `(2) describes plans to further the purposes stated in section 2101(a);
- `(3) identifies the agency or office or groups of agencies or offices responsible for carrying out the program; and
- `(4) includes documentation from nonprofit, private sexual
assault and domestic violence programs demonstrating their
participation in developing the application, and identifying such
programs in which such groups will be consulted for development and
implementation.
- `(b) PRIORITY- In awarding grants under this part, the Attorney General shall give priority to applicants that--
- `(1) do not currently provide for centralized handling of
cases involving domestic violence by police, prosecutors, and courts;
and
- `(2) demonstrate a commitment to strong enforcement of laws, and prosecution of cases, involving domestic violence.
`SEC. 2103. REPORTS.
- `Each grantee receiving funds under this part shall submit a
report to the Attorney General evaluating the effectiveness of projects
developed with funds provided under this part and containing such
additional information as the Attorney General may prescribe.
`SEC. 2104. REGULATIONS OR GUIDELINES.
- `Not later than 120 days after the date of enactment of this
part, the Attorney General shall publish proposed regulations or
guidelines implementing this part. Not later than 180 days after the
date of enactment of this part, the Attorney General shall publish final
regulations or guidelines implementing this part.
`SEC. 2105. DEFINITIONS.
- `For purposes of this part--
- `(1) the term `domestic violence' includes felony or
misdemeanor crimes of violence committed by a current or former spouse
of the victim, by a person with whom the victim shares a child in
common, by a person who is cohabitating with or has cohabitated with the
victim as a spouse, by a person similarly situated to a spouse of the
victim under the domestic or family violence laws of the jurisdiction
receiving grant monies, or by any other adult person against a victim
who is protected from that person's acts under the domestic or family
violence laws of the eligible State, Indian tribal government, or unit
of local government that receives a grant under this part; and
- `(2) the term `protection order' includes any injunction
issued for the purpose of preventing violent or threatening acts of
domestic violence, including temporary and final orders issued by civil
or criminal courts (other than support or child custody orders or
provisions) whether obtained by filing an independent action or as a
pendente lite order in another proceeding.'.
- (b) TECHNICAL AMENDMENT- The table of contents of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711
et seq.), as amended by section 40121(b), is amended by striking the
matter relating to part U and inserting the following:
`Part U--Grants to Encourage Arrest Policies
- `Sec. 2101. Grants.
- `Sec. 2102. Applications.
- `Sec. 2103. Reports.
- `Sec. 2104. Regulations or guidelines.
- `Sec. 2105. Definitions.
`Part V--Transition--Effective Date--Repealer
- `Sec. 2201. Continuation of rules, authorities, and proceedings.'.
- (c) AUTHORIZATION OF APPROPRIATIONS- Section 1001(a) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793), as amended by section 40121(c), is amended--
- (1) in paragraph (3) by striking `and T' and inserting `T, and U'; and
- (2) by adding at the end the following new paragraph:
- `(19) There are authorized to be appropriated to carry out part U--
- `(A) $28,000,000 for fiscal year 1996;
- `(B) $33,000,000 for fiscal year 1997; and
- `(C) $59,000,000 for fiscal year 1998.
- (d) ADMINISTRATIVE PROVISIONS-
- (1) REGULATIONS- Section 801(b) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3782(b)), is
amended by striking `and O' and inserting `O, and U'.
- (2) DENIAL OF APPLICATION- Section 802(b) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3783
(b)) is amended in the first sentence by striking `or O' and inserting
`O, or U'.
CHAPTER 4--SHELTER GRANTS
SEC. 40241. GRANTS FOR BATTERED WOMEN'S SHELTERS.
- Section 310(a) of the Family Violence Prevention and Services Act (42 U.S.C. 10409(a)) is amended to read as follows:
- `(a) IN GENERAL- There are authorized to be appropriated to carry out this title--
- `(1) $50,000,000 for fiscal year 1996;
- `(2) $60,000,000 for fiscal year 1997;
- `(3) $70,000,000 for fiscal year 1998;
- `(4) $72,500,000 for fiscal year 1999; and
- `(5) $72,500,000 for fiscal year 2000.'.
CHAPTER 5--YOUTH EDUCATION
SEC. 40251. YOUTH EDUCATION AND DOMESTIC VIOLENCE.
- The Family Violence Prevention and Services Act (42 U.S.C.
10401 et seq.), as amended by section 40211, is amended by adding at
the end the following new section:
`SEC. 317. YOUTH EDUCATION AND DOMESTIC VIOLENCE.
- `(a) GENERAL PURPOSE- For purposes of this section, the
Secretary may, in consultation with the Secretary of Education, select,
implement and evaluate 4 model programs for education of young people
about domestic violence and violence among intimate partners.
- `(b) NATURE OF PROGRAM- The Secretary shall select, implement
and evaluate separate model programs for 4 different audiences: primary
schools, middle schools, secondary schools, and institutions of higher
education. The model programs shall be selected, implemented, and
evaluated in consultation with educational experts, legal and
psychological experts on battering, and victim advocate organizations
such as battered women's shelters, State coalitions and resource
centers.
- `(c) REVIEW AND DISSEMINATION- Not later than 2 years after
the date of enactment of this section, the Secretary shall transmit the
design and evaluation of the model programs, along with a plan and cost
estimate for nationwide distribution, to the relevant committees of
Congress for review.
- `(d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to
be appropriated to carry out this section $400,000 for fiscal year
1996.'.
CHAPTER 6--COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE
SEC. 40261. ESTABLISHMENT OF COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE.
- The Family Violence Prevention and Services Act (42 U.S.C.
10401 et seq.), as amended by section 40251, is amended by adding at
the end the following new section:
`SEC. 318. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES.
- `(a) IN GENERAL- The Secretary shall provide grants to
nonprofit private organizations to establish projects in local
communities involving many sectors of each community to coordinate
intervention and prevention of domestic violence.
- `(b) ELIGIBILITY- To be eligible for a grant under this section, an entity--
- `(1) shall be a nonprofit organization organized for the
purpose of coordinating community projects for the intervention in and
prevention of domestic violence; and
- `(2) shall include representatives of pertinent sectors of the local community, which may include--
- `(A) health care providers;
- `(B) the education community;
- `(C) the religious community;
- `(D) the justice system;
- `(E) domestic violence program advocates;
- `(F) human service entities such as State child services divisions;
- `(G) business and civic leaders; and
- `(H) other pertinent sectors.
- `(c) APPLICATIONS- An organization that desires to receive a
grant under this section shall submit to the Secretary an application,
in such form and in such manner as the Secretary shall prescribe through
notice in the Federal Register, that--
- `(1) demonstrates that the applicant will serve a
community leadership function, bringing together opinion leaders from
each sector of the community to develop a coordinated community
consensus opposing domestic violence;
- `(2) demonstrates a community action component to improve
and expand current intervention and prevention strategies through
increased communication and coordination among all affected sectors;
- `(3) includes a complete description of the applicant's
plan for the establishment and operation of the community project,
including a description of--
- `(A) the method for identification and selection of an
administrative committee made up of persons knowledgeable in domestic
violence to oversee the project, hire staff, assure compliance with the
project outline, and secure annual evaluation of the project;
- `(B) the method for identification and selection of project staff and a project evaluator;
- `(C) the method for identification and selection of a
project council consisting of representatives of the community sectors
listed in subsection (b)(2);
- `(D) the method for identification and selection of a
steering committee consisting of representatives of the various
community sectors who will chair subcommittees of the project council
focusing on each of the sectors; and
- `(E) a plan for developing outreach and public education campaigns regarding domestic violence; and
- `(4) contains such other information, agreements, and assurances as the Secretary may require.
- `(d) TERM- A grant provided under this section may extend over a period of not more than 3 fiscal years.
- `(e) CONDITIONS ON PAYMENT- Payments under a grant under this section shall be subject to--
- `(1) annual approval by the Secretary; and
- `(2) availability of appropriations.
- `(f) GEOGRAPHICAL DISPERSION- The Secretary shall award grants
under this section to organizations in communities geographically
dispersed throughout the country.
- `(g) USE OF GRANT MONIES-
- `(1) IN GENERAL- A grant made under subsection (a) shall
be used to establish and operate a community project to coordinate
intervention and prevention of domestic violence.
- `(2) REQUIREMENTS- In establishing and operating a project, a nonprofit private organization shall--
- `(A) establish protocols to improve and expand
domestic violence intervention and prevention strategies among all
affected sectors;
- `(B) develop action plans to direct responses within
each community sector that are in conjunction with development in all
other sectors; and
- `(C) provide for periodic evaluation of the project
with a written report and analysis to assist application of this concept
in other communities.
- `(h) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section--
- `(1) $4,000,000 for fiscal year 1996; and
- `(2) $6,000,000 for fiscal year 1997.
- `(i) REGULATIONS- Not later than 60 days after the date of
enactment of this section, the Secretary shall publish proposed
regulations implementing this section. Not later than 120 days after the
date of enactment, the Secretary shall publish final regulations
implementing this section.'.
CHAPTER 7--FAMILY VIOLENCE PREVENTION AND SERVICES ACT AMENDMENTS
SEC. 40271. GRANTEE REPORTING.
- (a) SUBMISSION OF APPLICATION- Section 303(a)(2)(C) of the
Family Violence Prevention and Services Act (42 U.S.C. 10402(a)(2)(C))
is amended by inserting `and a plan to address the needs of underserved
populations, including populations underserved because of ethnic,
racial, cultural, language diversity or geographic isolation' after
`such State'.
- (b) APPROVAL OF APPLICATION- Section 303(a) of the Family
Violence Prevention and Services Act (42 U.S.C. 10402(a)) is amended by
adding at the end the following new paragraph:
- `(4) Upon completion of the activities funded by a grant
under this subpart, the State grantee shall file a performance report
with the Director explaining the activities carried out together with an
assessment of the effectiveness of those activities in achieving the
purposes of this subpart. A section of this performance report shall be
completed by each grantee or subgrantee that performed the direct
services contemplated in the application certifying performance of
direct services under the grant. The Director shall suspend funding for
an approved application if an applicant fails to submit an annual
performance report or if the funds are expended for purposes other than
those set forth under this subpart, after following the procedures set
forth in paragraph (3). Federal funds may be used only to supplement,
not supplant, State funds.'.
SEC. 40272. TECHNICAL AMENDMENTS.
- (a) DEFINITIONS- Section 309(5)(B) of the Family Violence
Prevention and Services Act (42 U.S.C. 10408(5)(B)) is amended by
inserting `or other supportive services' before `by peers individually
or in groups,'.
- (b) SPECIAL ISSUE RESOURCE CENTERS-
- (1) GRANTS- Section 308(a)(2) of the Family Violence
Prevention and Services Act (42 U.S.C. 10407(a)(2)) is amended by
striking `six' and inserting `seven'.
- (2) FUNCTIONS- Section 308(c) of the Family Violence Prevention and Services Act (42 U.S.C. 10407(c)) is amended--
- (A) by striking the period at the end of paragraph (6)
and inserting `, including the issuance and enforcement of protection
orders.'; and
- (B) by adding at the end the following new paragraph:
- `(7) Providing technical assistance and training to State domestic violence coalitions.'.
- (c) STATE DOMESTIC VIOLENCE COALITIONS- Section 311(a) of the
Family Violence Prevention and Services Act (42 U.S.C. 10410(a)) is
amended--
- (1) by redesignating paragraphs (1), (2), (3), and (4) as paragraphs (2), (3), (4), and (5);
- (2) by inserting before paragraph (2), as redesignated by paragraph (1), the following new paragraph:
- `(1) working with local domestic violence programs and
providers of direct services to encourage appropriate responses to
domestic violence within the State, including--
- `(A) training and technical assistance for local programs and professionals working with victims of domestic violence;
- `(B) planning and conducting State needs assessments and planning for comprehensive services;
- `(C) serving as an information clearinghouse and resource center for the State; and
- `(D) collaborating with other governmental systems which affect battered women;';
- (3) in paragraph (2)(K), as redesignated by paragraph (1),
by striking `and court officials and other professionals' and inserting
`, judges, court officers and other criminal justice professionals,';
- (4) in paragraph (3), as redesignated by paragraph (1)--
- (A) by inserting `, criminal court judges,' after `family law judges,' each place it appears;
- (B) in subparagraph (F), by inserting `custody' after `temporary'; and
- (C) in subparagraph (H), by striking `supervised
visitations that do not endanger victims and their children,' and
inserting `supervised visitations or denial of visitation to protect
against danger to victims or their children'; and
- (5) in paragraph (4), as redesignated by paragraph (1), by
inserting `, including information aimed at underserved racial, ethnic
or language-minority populations' before the semicolon.
CHAPTER 8--CONFIDENTIALITY FOR ABUSED PERSONS
SEC. 40281. CONFIDENTIALITY OF ABUSED PERSON'S ADDRESS.
- (a) REGULATIONS- Not later than 90 days after the date of
enactment of this Act, the United States Postal Service shall promulgate
regulations to secure the confidentiality of domestic violence shelters
and abused persons' addresses.
- (b) REQUIREMENTS- The regulations under subsection (a) shall require--
- (1) in the case of an individual, the presentation to an
appropriate postal official of a valid, outstanding protection order;
and
- (2) in the case of a domestic violence shelter, the
presentation to an appropriate postal authority of proof from a State
domestic violence coalition that meets the requirements of section 311
of the Family Violence Prevention and Services Act (42 U.S.C. 10410))
verifying that the organization is a domestic violence shelter.
- (c) DISCLOSURE FOR CERTAIN PURPOSES- The regulations under
subsection (a) shall not prohibit the disclosure of addresses to State
or Federal agencies for legitimate law enforcement or other governmental
purposes.
- (d) EXISTING COMPILATIONS- Compilations of addresses existing
at the time at which order is presented to an appropriate postal
official shall be excluded from the scope of the regulations under
subsection (a).
CHAPTER 9--DATA AND RESEARCH
SEC. 40291. RESEARCH AGENDA.
- (a) REQUEST FOR CONTRACT- The Attorney General shall request
the National Academy of Sciences, through its National Research Council,
to enter into a contract to develop a research agenda to increase the
understanding and control of violence against women, including rape and
domestic violence. In furtherance of the contract, the National Academy
shall convene a panel of nationally recognized experts on violence
against women, in the fields of law, medicine, criminal justice, and
direct services to victims and experts on domestic violence in diverse,
ethnic, social, and language minority communities and the social
sciences. In setting the agenda, the Academy shall focus primarily on
preventive, educative, social, and legal strategies, including
addressing the needs of underserved populations.
- (b) DECLINATION OF REQUEST- If the National Academy of
Sciences declines to conduct the study and develop a research agenda, it
shall recommend a nonprofit private entity that is qualified to conduct
such a study. In that case, the Attorney General shall carry out
subsection (a) through the nonprofit private entity recommended by the
Academy. In either case, whether the study is conducted by the National
Academy of Sciences or by the nonprofit group it recommends, the funds
for the contract shall be made available from sums appropriated for the
conduct of research by the National Institute of Justice.
- (c) REPORT- The Attorney General shall ensure that no later
than 1 year after the date of enactment of this Act, the study required
under subsection (a) is completed and a report describing the findings
made is submitted to the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of Representatives.
SEC. 40292. STATE DATABASES.
- (a) IN GENERAL- The Attorney General shall study and report to
the States and to Congress on how the States may collect centralized
databases on the incidence of sexual and domestic violence offenses
within a State.
- (b) CONSULTATION- In conducting its study, the Attorney
General shall consult persons expert in the collection of criminal
justice data, State statistical administrators, law enforcement
personnel, and nonprofit nongovernmental agencies that provide direct
services to victims of domestic violence. The final report shall set
forth the views of the persons consulted on the recommendations.
- (c) REPORT- The Attorney General shall ensure that no later
than 1 year after the date of enactment of this Act, the study required
under subsection (a) is completed and a report describing the findings
made is submitted to the Committees on the Judiciary of the Senate and
the House of Representatives.
- (d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to
be appropriated to carry out this section $200,000 for fiscal year 1996.
SEC. 40293. NUMBER AND COST OF INJURIES.
- (a) STUDY- The Secretary of Health and Human Services, acting
through the Centers for Disease Control Injury Control Division, shall
conduct a study to obtain a national projection of the incidence of
injuries resulting from domestic violence, the cost of injuries to
health care facilities, and recommend health care strategies for
reducing the incidence and cost of such injuries.
- (b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to
be appropriated to carry out this section--$100,000 for fiscal year
1996.
CHAPTER 10--RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT
SEC. 40295. RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT ASSISTANCE.
- (a) GRANTS- The Attorney General may make grants to States,
Indian tribal governments, and local governments of rural States, and
to other public or private entities of rural States--
- (1) to implement, expand, and establish cooperative
efforts and projects between law enforcement officers, prosecutors,
victim advocacy groups, and other related parties to investigate and
prosecute incidents of domestic violence and child abuse;
- (2) to provide treatment and counseling to victims of domestic violence and child abuse; and
- (3) to work in cooperation with the community to develop education and prevention strategies directed toward such issues.
- (b) DEFINITIONS- In this section--
- `Indian tribe' means a tribe, band, pueblo, nation, or
other organized group or community of Indians, including an Alaska
Native village (as defined in or established under the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.), that is recognized as
eligible for the special programs and services provided by the United
States to Indians because of their status as Indians.
- `rural State' has the meaning stated in section 1501(b) of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796bb(B)).
- (c) AUTHORIZATION OF APPROPRIATIONS-
- (1) IN GENERAL- There are authorized to be appropriated to carry out this section--
- (A) $7,000,000 for fiscal year 1996;
- (B) $8,000,000 for fiscal year 1997; and
- (C) $15,000,000 for fiscal year 1998.
- (2) ADDITIONAL FUNDING- In addition to funds received
under a grant under subsection (a), a law enforcement agency may use
funds received under a grant under section 103 to accomplish the
objectives of this section.
Subtitle C--Civil Rights for Women
SEC. 40301. SHORT TITLE.
- This subtitle may be cited as the `Civil Rights Remedies for Gender-Motivated Violence Act'.
SEC. 40302. CIVIL RIGHTS.
- (a) PURPOSE- Pursuant to the affirmative power of Congress to
enact this subtitle under section 5 of the Fourteenth Amendment to the
Constitution, as well as under section 8 of Article I of the
Constitution, it is the purpose of this subtitle to protect the civil
rights of victims of gender motivated violence and to promote public
safety, health, and activities affecting interstate commerce by
establishing a Federal civil rights cause of action for victims of
crimes of violence motivated by gender.
- (b) RIGHT TO BE FREE FROM CRIMES OF VIOLENCE- All persons
within the United States shall have the right to be free from crimes of
violence motivated by gender (as defined in subsection (d)).
- (c) CAUSE OF ACTION- A person (including a person who acts
under color of any statute, ordinance, regulation, custom, or usage of
any State) who commits a crime of violence motivated by gender and thus
deprives another of the right declared in subsection (b) shall be liable
to the party injured, in an action for the recovery of compensatory and
punitive damages, injunctive and declaratory relief, and such other
relief as a court may deem appropriate.
- (d) DEFINITIONS- For purposes of this section--
- (1) the term `crime of violence motivated by gender' means
a crime of violence committed because of gender or on the basis of
gender, and due, at least in part, to an animus based on the victim's
gender; and
- (2) the term `crime of violence' means--
- (A) an act or series of acts that would constitute a
felony against the person or that would constitute a felony against
property if the conduct presents a serious risk of physical injury to
another, and that would come within the meaning of State or Federal
offenses described in section 16 of title 18, United States Code,
whether or not those acts have actually resulted in criminal charges,
prosecution, or conviction and whether or not those acts were committed
in the special maritime, territorial, or prison jurisdiction of the
United States; and
- (B) includes an act or series of acts that would
constitute a felony described in subparagraph (A) but for the
relationship between the person who takes such action and the individual
against whom such action is taken.
- (e) Limitation and Procedures-
- (1) LIMITATION- Nothing in this section entitles a person
to a cause of action under subsection (c) for random acts of violence
unrelated to gender or for acts that cannot be demonstrated, by a
preponderance of the evidence, to be motivated by gender (within the
meaning of subsection (d)).
- (2) NO PRIOR CRIMINAL ACTION- Nothing in this section
requires a prior criminal complaint, prosecution, or conviction to
establish the elements of a cause of action under subsection (c).
- (3) CONCURRENT JURISDICTION- The Federal and State courts
shall have concurrent jurisdiction over actions brought pursuant to this
subtitle.
- (4) SUPPLEMENTAL JURISDICTION- Neither section 1367 of
title 28, United States Code, nor subsection (c) of this section shall
be construed, by reason of a claim arising under such subsection, to
confer on the courts of the United States jurisdiction over any State
law claim seeking the establishment of a divorce, alimony, equitable
distribution of marital property, or child custody decree.
- (5) LIMITATION ON REMOVAL- Section 1445 of title 28,
United States Code, is amended by adding at the end the following new
subsection:
- `(d) A civil action in any State court arising under section
40302 of the Violence Against Women Act of 1994 may not be removed to
any district court of the United States.'.
SEC. 40303. ATTORNEY'S FEES.
- Section 722 of the Revised Statutes (42 U.S.C. 1988) is amended in the last sentence--
- (1) by striking `or' after `Public Law 92-318,'; and
- (2) by inserting `, or section 40302 of the Violence Against Women Act of 1994,' after `1964'.
SEC. 40304. SENSE OF THE SENATE CONCERNING PROTECTION OF THE PRIVACY OF RAPE VICTIMS.
- It is the sense of the Senate that news media, law enforcement
officers, and other persons should exercise restraint and respect a
rape victim's privacy by not disclosing the victim's identity to the
general public or facilitating such disclosure without the consent of
the victim.
Subtitle D--Equal Justice for Women in the Courts Act
SEC. 40401. SHORT TITLE.
- This subtitle may be cited as the `Equal Justice for Women in the Courts Act of 1994'.
CHAPTER 1--EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN STATE COURTS
SEC. 40411. GRANTS AUTHORIZED.
- The State Justice Institute may award grants for the purpose
of developing, testing, presenting, and disseminating model programs to
be used by States (as defined in section 202 of the State Justice
Institute Act of 1984 (42 U.S.C. 10701)) in training judges and court
personnel in the laws of the States and by Indian tribes in training
tribal judges and court personnel in the laws of the tribes on rape,
sexual assault, domestic violence, and other crimes of violence
motivated by the victim's gender.
SEC. 40412. TRAINING PROVIDED BY GRANTS.
- Training provided pursuant to grants made under this subtitle
may include current information, existing studies, or current data on--
- (1) the nature and incidence of rape and sexual assault by strangers and nonstrangers, marital rape, and incest;
- (2) the underreporting of rape, sexual assault, and child sexual abuse;
- (3) the physical, psychological, and economic impact of
rape and sexual assault on the victim, the costs to society, and the
implications for sentencing;
- (4) the psychology of sex offenders, their high rate of recidivism, and the implications for sentencing;
- (5) the historical evolution of laws and attitudes on rape and sexual assault;
- (6) sex stereotyping of female and male victims of rape
and sexual assault, racial stereotyping of rape victims and defendants,
and the impact of such stereotypes on credibility of witnesses,
sentencing, and other aspects of the administration of justice;
- (7) application of rape shield laws and other limits on
introduction of evidence that may subject victims to improper sex
stereotyping and harassment in both rape and nonrape cases, including
the need for sua sponte judicial intervention in inappropriate
cross-examination;
- (8) the use of expert witness testimony on rape trauma
syndrome, child sexual abuse accommodation syndrome, post-traumatic
stress syndrome, and similar issues;
- (9) the legitimate reasons why victims of rape, sexual assault, and incest may refuse to testify against a defendant;
- (10) the nature and incidence of domestic violence;
- (11) the physical, psychological, and economic impact of
domestic violence on the victim, the costs to society, and the
implications for court procedures and sentencing;
- (12) the psychology and self-presentation of batterers and
victims and the implications for court proceedings and credibility of
witnesses;
- (13) sex stereotyping of female and male victims of
domestic violence, myths about presence or absence of domestic violence
in certain racial, ethnic, religious, or socioeconomic groups, and their
impact on the administration of justice;
- (14) historical evolution of laws and attitudes on domestic violence;
- (15) proper and improper interpretations of the defenses
of self-defense and provocation, and the use of expert witness testimony
on battered woman syndrome;
- (16) the likelihood of retaliation, recidivism, and
escalation of violence by batterers, and the potential impact of
incarceration and other meaningful sanctions for acts of domestic
violence including violations of orders of protection;
- (17) economic, psychological, social and institutional
reasons for victims' inability to leave the batterer, to report domestic
violence or to follow through on complaints, including the influence of
lack of support from police, judges, and court personnel, and the
legitimate reasons why victims of domestic violence may refuse to
testify against a defendant;
- (18) the need for orders of protection, and the
implications of mutual orders of protection, dual arrest policies, and
mediation in domestic violence cases; and
- (19) recognition of and response to gender-motivated
crimes of violence other than rape, sexual assault and domestic
violence, such as mass or serial murder motivated by the gender of the
victims.
SEC. 40413. COOPERATION IN DEVELOPING PROGRAMS IN MAKING GRANTS UNDER THIS TITLE.
- The State Justice Institute shall ensure that model programs
carried out pursuant to grants made under this subtitle are developed
with the participation of law enforcement officials, public and private
nonprofit victim advocates, legal experts, prosecutors, defense
attorneys, and recognized experts on gender bias in the courts.
SEC. 40414. AUTHORIZATION OF APPROPRIATIONS.
- (a) IN GENERAL- There are authorized to be appropriated to carry out this chapter $600,000 for fiscal year 1996.
- (b) MODEL PROGRAMS- Of amounts appropriated under this
section, the State Justice Institute shall expend not less than 40
percent on model programs regarding domestic violence and not less than
40 percent on model programs regarding rape and sexual assault.
CHAPTER 2--EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN FEDERAL COURTS
SEC. 40421. AUTHORIZATIONS OF CIRCUIT STUDIES; EDUCATION AND TRAINING GRANTS.
- (a) STUDIES- In order to gain a better understanding of the
nature and the extent of gender bias in the Federal courts, the circuit
judicial councils are encouraged to conduct studies of the instances, if
any, of gender bias in their respective circuits and to implement
recommended reforms.
- (b) MATTERS FOR EXAMINATION- The studies under subsection (a) may include an examination of the effects of gender on--
- (1) the treatment of litigants, witnesses, attorneys,
jurors, and judges in the courts, including before magistrate and
bankruptcy judges;
- (2) the interpretation and application of the law, both civil and criminal;
- (3) treatment of defendants in criminal cases;
- (4) treatment of victims of violent crimes in judicial proceedings;
- (5) sentencing;
- (6) sentencing alternatives and the nature of supervision of probation and parole;
- (7) appointments to committees of the Judicial Conference and the courts;
- (8) case management and court sponsored alternative dispute resolution programs;
- (9) the selection, retention, promotion, and treatment of employees;
- (10) appointment of arbitrators, experts, and special masters;
- (11) the admissibility of the victim's past sexual history in civil and criminal cases; and
- (12) the aspects of the topics listed in section 40412 that pertain to issues within the jurisdiction of the Federal courts.
- (c) CLEARINGHOUSE- The Administrative Office of the United
States Courts shall act as a clearinghouse to disseminate any reports
and materials issued by the gender bias task forces under subsection (a)
and to respond to requests for such reports and materials. The gender
bias task forces shall provide the Administrative Office of the Courts
of the United States with their reports and related material.
- (d) MODEL PROGRAMS- The Federal Judicial Center, in carrying out section 620(b)(3) of title 28, United States Code, may--
- (1) include in the educational programs it presents and
prepares, including the training programs for newly appointed judges,
information on issues related to gender bias in the courts including
such areas as are listed in subsection (a) along with such other topics
as the Federal Judicial Center deems appropriate;
- (2) prepare materials necessary to implement this subsection; and
- (3) take into consideration the findings and
recommendations of the studies conducted pursuant to subsection (a), and
to consult with individuals and groups with relevant expertise in
gender bias issues as it prepares or revises such materials.
SEC. 40422. AUTHORIZATION OF APPROPRIATIONS.
- There are authorized to be appropriated--
- (1) to the Salaries and Expenses Account of the Courts of
Appeals, District Courts, and other Judicial Services to carry out
section 40421(a) $500,000 for fiscal year 1996;
- (2) to the Federal Judicial Center to carry out section 40421(d) $100,000 for fiscal year 1996; and
- (3) to the Administrative Office of the United States Courts to carry out section 40421(c) $100,000 for fiscal year 1996.
Subtitle E--Violence Against Women Act Improvements
SEC. 40501. PRE-TRIAL DETENTION IN SEX OFFENSE CASES.
- Section 3156(a)(4) of title 18, United States Code, is amended--
- (1) by striking `or' at the end of subparagraph (A);
- (2) by striking the period at the end of subparagraph (B) and inserting `; or'; and
- (3) by adding after subparagraph (B) the following new subparagraph:
- `(C) any felony under chapter 109A or chapter 110.'.
SEC. 40502. INCREASED PENALTIES FOR SEX OFFENSES AGAINST VICTIMS BELOW THE AGE OF 16.
- Section 2245(2) of title 18, United States Code, is amended--
- (1) by striking `or' at the end of subparagraph (B);
- (2) by striking `; and' at the end of subparagraph (C) and inserting `; or'; and
- (3) by inserting after subparagraph (C) the following new subparagraph:
- `(D) the intentional touching, not through the clothing,
of the genitalia of another person who has not attained the age of 16
years with an intent to abuse, humiliate, harass, degrade, or arouse or
gratify the sexual desire of any person;'.
SEC. 40503. PAYMENT OF COST OF TESTING FOR SEXUALLY TRANSMITTED DISEASES.
- (a) FOR VICTIMS IN SEX OFFENSE CASES- Section 503(c)(7) of the
Victims' Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)(7)) is
amended by adding at the end the following: `The Attorney General shall
provide for the payment of the cost of up to 2 anonymous and
confidential tests of the victim for sexually transmitted diseases,
including HIV, gonorrhea, herpes, chlamydia, and syphilis, during the 12
months following sexual assaults that pose a risk of transmission, and
the cost of a counseling session by a medically trained professional on
the accuracy of such tests and the risk of transmission of sexually
transmitted diseases to the victim as the result of the assault. A
victim may waive anonymity and confidentiality of any tests paid for
under this section.'.
- (b) Limited Testing of Defendants-
- (1) COURT ORDER- The victim of an offense of the type
referred to in subsection (a) may obtain an order in the district court
of the United States for the district in which charges are brought
against the defendant charged with the offense, after notice to the
defendant and an opportunity to be heard, requiring that the defendant
be tested for the presence of the etiologic agent for acquired immune
deficiency syndrome, and that the results of the test be communicated to
the victim and the defendant. Any test result of the defendant given to
the victim or the defendant must be accompanied by appropriate
counseling.
- (2) SHOWING REQUIRED- To obtain an order under paragraph (1), the victim must demonstrate that--
- (A) the defendant has been charged with the offense in
a State or Federal court, and if the defendant has been arrested
without a warrant, a probable cause determination has been made;
- (B) the test for the etiologic agent for acquired
immune deficiency syndrome is requested by the victim after appropriate
counseling; and
- (C) the test would provide information necessary for
the health of the victim of the alleged offense and the court determines
that the alleged conduct of the defendant created a risk of
transmission, as determined by the Centers for Disease Control, of the
etiologic agent for acquired immune deficiency syndrome to the victim.
- (3) FOLLOW-UP TESTING- The court may order follow-up tests
and counseling under paragraph (b)(1) if the initial test was negative.
Such follow-up tests and counseling shall be performed at the request
of the victim on dates that occur six months and twelve months following
the initial test.
- (4) TERMINATION OF TESTING REQUIREMENTS- An order for
follow-up testing under paragraph (3) shall be terminated if the person
obtains an acquittal on, or dismissal of, all charges of the type
referred to in subsection (a).
- (5) CONFIDENTIALITY OF TEST- The results of any test
ordered under this subsection shall be disclosed only to the victim or,
where the court deems appropriate, to the parent or legal guardian of
the victim, and to the person tested. The victim may disclose the test
results only to any medical professional, counselor, family member or
sexual partner(s) the victim may have had since the attack. Any such
individual to whom the test results are disclosed by the victim shall
maintain the confidentiality of such information.
- (6) DISCLOSURE OF TEST RESULTS- The court shall issue an
order to prohibit the disclosure by the victim of the results of any
test performed under this subsection to anyone other than those
mentioned in paragraph (5). The contents of the court proceedings and
test results pursuant to this section shall be sealed. The results of
such test performed on the defendant under this section shall not be
used as evidence in any criminal trial.
- (7) CONTEMPT FOR DISCLOSURE- Any person who discloses the
results of a test in violation of this subsection may be held in
contempt of court.
- (c) PENALTIES FOR INTENTIONAL TRANSMISSION OF HIV- Not later
than 6 months after the date of enactment of this Act, the United States
Sentencing Commission shall conduct a study and prepare and submit to
the committees on the Judiciary of the Senate and the House of
Representatives a report concerning recommendations for the revision of
sentencing guidelines that relate to offenses in which an HIV infected
individual engages in sexual activity if the individual knows that he or
she is infected with HIV and intends, through such sexual activity, to
expose another to HIV.
SEC. 40504. EXTENSION AND STRENGTHENING OF RESTITUTION.
- Section 3663(b) of title 18, United States Code, is amended--
- (1) in paragraph (2) by inserting `including an offense
under chapter 109A or chapter 110' after `an offense resulting in bodily
injury to a victim';
- (2) by striking `and' at the end of paragraph (3);
- (3) by redesignating paragraph (4) as paragraph (5); and
- (4) by inserting after paragraph (3) the following new paragraph:
- `(4) in any case, reimburse the victim for lost income and
necessary child care, transportation, and other expenses related to
participation in the investigation or prosecution of the offense or
attendance at proceedings related to the offense; and'.
SEC. 40505. ENFORCEMENT OF RESTITUTION ORDERS THROUGH SUSPENSION OF FEDERAL BENEFITS.
- Section 3663 of title 18, United States Code, is amended by adding at the end the following new subsection:
- `(i)(1) A Federal agency shall immediately suspend all Federal
benefits provided by the agency to the defendant, and shall terminate
the defendant's eligibility for Federal benefits administered by that
agency, upon receipt of a certified copy of a written judicial finding
that the defendant is delinquent in making restitution in accordance
with any schedule of payments or any requirement of immediate payment
imposed under this section.
- `(2) Any written finding of delinquency described in paragraph
(1) shall be made by a court, after a hearing, upon motion of the
victim named in the order to receive the restitution or upon motion of
the United States.
- `(3) A defendant found to be delinquent may subsequently seek a
written finding from the court that the defendant has rectified the
delinquency or that the defendant has made and will make good faith
efforts to rectify the delinquency. The defendant's eligibility for
Federal benefits shall be reinstated upon receipt by the agency of a
certified copy of such a finding.
- `(4) In this subsection, `Federal benefit' means a grant,
contract, loan, professional license, or commercial license provided by
an agency of the United States.'.
SEC. 40506. NATIONAL BASELINE STUDY ON CAMPUS SEXUAL ASSAULT.
- (a) STUDY- The Attorney General, in consultation with the
Secretary of Education, shall provide for a national baseline study to
examine the scope of the problem of campus sexual assaults and the
effectiveness of institutional and legal policies in addressing such
crimes and protecting victims. The Attorney General may utilize the
Bureau of Justice Statistics, the National Institute of Justice, and the
Office for Victims of Crime in carrying out this section.
- (b) REPORT- Based on the study required by subsection (a) and
data collected under the Student Right-To-Know and Campus Security Act
(20 U.S.C. 1001 note; Public Law 101-542) and amendments made by that
Act, the Attorney General shall prepare a report including an analysis
of--
- (1) the number of reported allegations and estimated
number of unreported allegations of campus sexual assaults, and to whom
the allegations are reported (including authorities of the educational
institution, sexual assault victim service entities, and local criminal
authorities);
- (2) the number of campus sexual assault allegations
reported to authorities of educational institutions which are reported
to criminal authorities;
- (3) the number of campus sexual assault allegations that
result in criminal prosecution in comparison with the number of
non-campus sexual assault allegations that result in criminal
prosecution;
- (4) Federal and State laws or regulations pertaining specifically to campus sexual assaults;
- (5) the adequacy of policies and practices of educational
institutions in addressing campus sexual assaults and protecting
victims, including consideration of--
- (A) the security measures in effect at educational
institutions, such as utilization of campus police and security guards,
control over access to grounds and buildings, supervision of student
activities and student living arrangements, control over the consumption
of alcohol by students, lighting, and the availability of escort
services;
- (B) the articulation and communication to students of the institution's policies concerning sexual assaults;
- (C) policies and practices that may prevent or
discourage the reporting of campus sexual assaults to local criminal
authorities, or that may otherwise obstruct justice or interfere with
the prosecution of perpetrators of campus sexual assaults;
- (D) the nature and availability of victim services for victims of campus sexual assaults;
- (E) the ability of educational institutions'
disciplinary processes to address allegations of sexual assault
adequately and fairly;
- (F) measures that are taken to ensure that victims are
free of unwanted contact with alleged assailants, and disciplinary
sanctions that are imposed when a sexual assault is determined to have
occurred; and
- (G) the grounds on which educational institutions are
subject to lawsuits based on campus sexual assaults, the resolution of
these cases, and measures that can be taken to avoid the likelihood of
lawsuits and civil liability;
- (6) in conjunction with the report produced by the
Department of Education in coordination with institutions of education
under the Student Right-To-Know and Campus Security Act (20 U.S.C. 1001
note; Public Law 101-542) and amendments made by that Act, an assessment
of the policies and practices of educational institutions that are of
greatest effectiveness in addressing campus sexual assaults and
protecting victims, including policies and practices relating to the
particular issues described in paragraph (5); and
- (7) any recommendations the Attorney General may have for
reforms to address campus sexual assaults and protect victims more
effectively, and any other matters that the Attorney General deems
relevant to the subject of the study and report required by this
section.
- (c) SUBMISSION OF REPORT- The report required by subsection
(b) shall be submitted to the Congress no later than September 1, 1996.
- (d) DEFINITION- For purposes of this section, `campus sexual
assaults' includes sexual assaults occurring at institutions of
postsecondary education and sexual assaults committed against or by
students or employees of such institutions.
- (e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to
be appropriated to carry out the study required by this
section--$200,000 for fiscal year 1996.
SEC. 40507. REPORT ON BATTERED WOMEN'S SYNDROME.
- (a) REPORT- Not less than 1 year after the date of enactment
of this Act, the Attorney General and the Secretary of Health and Human
Services shall transmit to the House Committee on Energy and Commerce,
the Senate Committee on Labor and Human Resources, and the Committees on
the Judiciary of the Senate and the House of Representatives a report
on the medical and psychological basis of `battered women's syndrome'
and on the extent to which evidence of the syndrome has been considered
in criminal trials.
- (b) COMPONENTS- The report under subsection (a) shall include--
- (1) medical and psychological testimony on the validity of battered women's syndrome as a psychological condition;
- (2) a compilation of State, tribal, and Federal court
cases in which evidence of battered women's syndrome was offered in
criminal trials; and
- (3) an assessment by State, tribal, and Federal judges,
prosecutors, and defense attorneys of the effects that evidence of
battered women's syndrome may have in criminal trials.
SEC. 40508. REPORT ON CONFIDENTIALITY OF ADDRESSES FOR VICTIMS OF DOMESTIC VIOLENCE.
- (a) REPORT- The Attorney General shall conduct a study of the
means by which abusive spouses may obtain information concerning the
addresses or locations of estranged or former spouses, notwithstanding
the desire of the victims to have such information withheld to avoid
further exposure to abuse. Based on the study, the Attorney General
shall transmit a report to Congress including--
- (1) the findings of the study concerning the means by
which information concerning the addresses or locations of abused
spouses may be obtained by abusers; and
- (2) analysis of the feasibility of creating effective
means of protecting the confidentiality of information concerning the
addresses and locations of abused spouses to protect such persons from
exposure to further abuse while preserving access to such information
for legitimate purposes.
- (b) USE OF COMPONENTS- The Attorney General may use the
National Institute of Justice and the Office for Victims of Crime in
carrying out this section.
SEC. 40509. REPORT ON RECORDKEEPING RELATING TO DOMESTIC VIOLENCE.
- Not later than 1 year after the date of enactment of this Act,
the Attorney General shall complete a study of, and shall submit to
Congress a report and recommendations on, problems of recordkeeping of
criminal complaints involving domestic violence. The study and report
shall examine--
- (1) the efforts that have been made by the Department of
Justice, including the Federal Bureau of Investigation, to collect
statistics on domestic violence; and
- (2) the feasibility of requiring that the relationship
between an offender and victim be reported in Federal records of crimes
of aggravated assault, rape, and other violent crimes.
Subtitle F--National Stalker and Domestic Violence Reduction
SEC. 40601. AUTHORIZING ACCESS TO FEDERAL CRIMINAL INFORMATION DATABASES.
- (a) ACCESS AND ENTRY- Section 534 of title 28, United States Code, is amended by adding at the end the following:
- `(e)(1) Information from national crime information databases
consisting of identification records, criminal history records,
protection orders, and wanted person records may be disseminated to
civil or criminal courts for use in domestic violence or stalking cases.
Nothing in this subsection shall be construed to permit access to such
records for any other purpose.
- `(2) Federal and State criminal justice agencies authorized to
enter information into criminal information databases may include--
- `(A) arrests, convictions, and arrest warrants for
stalking or domestic violence or for violations of protection orders for
the protection of parties from stalking or domestic violence; and
- `(B) protection orders for the protection of persons from
stalking or domestic violence, provided such orders are subject to
periodic verification.
- `(3) As used in this subsection--
- `(A) the term `national crime information databases' means
the National Crime Information Center and its incorporated criminal
history databases, including the Interstate Identification Index; and
- `(B) the term `protection order' includes an injunction or
any other order issued for the purpose of preventing violent or
threatening acts or harassment against, or contact or communication with
or physical proximity to, another person, including temporary and final
orders issued by civil or criminal courts (other than support or child
custody orders) whether obtained by filing an independent action or as a
pendente lite order in another proceeding so long as any civil order
was issued in response to a complaint, petition, or motion filed by or
on behalf of a person seeking protection.'.
- (b) RULEMAKING- The Attorney General may make rules to carry
out the subsection added to section 534 of title 28, United States Code,
by subsection (a), after consultation with the officials charged with
managing the National Crime Information Center and the Criminal Justice
Information Services Advisory Policy Board.
SEC. 40602. GRANT PROGRAM.
- (a) IN GENERAL- The Attorney General is authorized to provide
grants to States and units of local government to improve processes for
entering data regarding stalking and domestic violence into local,
State, and national crime information databases.
- (b) ELIGIBILITY- To be eligible to receive a grant under
subsection (a), a State or unit of local government shall certify that
it has or intends to establish a program that enters into the National
Crime Information Center records of--
- (1) warrants for the arrest of persons violating
protection orders intended to protect victims from stalking or domestic
violence;
- (2) arrests or convictions of persons violating protection or domestic violence; and
- (3) protection orders for the protection of persons from stalking or domestic violence.
SEC. 40603. AUTHORIZATION OF APPROPRIATIONS.
- There are authorized to be appropriated to carry out this subtitle--
- (1) $1,500,000 for fiscal year 1996;
- (2) $1,750,000 for fiscal year 1997; and
- (3) $2,750,000 for fiscal year 1998.
SEC. 40604. APPLICATION REQUIREMENTS.
- An application for a grant under this subtitle shall be
submitted in such form and manner, and contain such information, as the
Attorney General may prescribe. In addition, applications shall include
documentation showing--
- (1) the need for grant funds and that State or local funding, as the case may be, does not already cover these operations;
- (2) intended use of the grant funds, including a plan of action to increase record input; and
- (3) an estimate of expected results from the use of the grant funds.
SEC. 40605. DISBURSEMENT.
- Not later than 90 days after the receipt of an application
under this subtitle, the Attorney General shall either provide grant
funds or shall inform the applicant why grant funds are not being
provided.
SEC. 40606. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATIONS.
- The Attorney General may provide technical assistance and
training in furtherance of the purposes of this subtitle, and may
provide for the evaluation of programs that receive funds under this
subtitle, in addition to any evaluation requirements that the Attorney
General may prescribe for grantees. The technical assistance, training,
and evaluations authorized by this section may be carried out directly
by the Attorney General, or through contracts or other arrangements with
other entities.
SEC. 40607. TRAINING PROGRAMS FOR JUDGES.
- The State Justice Institute, after consultation with
nationally recognized nonprofit organizations with expertise in stalking
and domestic violence cases, shall conduct training programs for State
(as defined in section 202 of the State Justice Institute Authorization
Act of 1984 (42 U.S.C. 10701)) and Indian tribal judges to ensure that a
judge issuing an order in a stalking or domestic violence case has all
available criminal history and other information, whether from State or
Federal sources.
SEC. 40608. RECOMMENDATIONS ON INTRASTATE COMMUNICATION.
- The State Justice Institute, after consultation with
nationally recognized nonprofit associations with expertise in data
sharing among criminal justice agencies and familiarity with the issues
raised in stalking and domestic violence cases, shall recommend
proposals regarding how State courts may increase intrastate
communication between civil and criminal courts.
SEC. 40609. INCLUSION IN NATIONAL INCIDENT-BASED REPORTING SYSTEM.
- Not later than 2 years after the date of enactment of this
Act, the Attorney General, in accordance with the States, shall compile
data regarding domestic violence and intimidation (including stalking)
as part of the National Incident-Based Reporting System (NIBRS).
SEC. 40610. REPORT TO CONGRESS.
- The Attorney General shall submit to the Congress an annual
report, beginning one year after the date of the enactment of this Act,
that provides information concerning the incidence of stalking and
domestic violence, and evaluates the effectiveness of State antistalking
efforts and legislation.
SEC. 40611. DEFINITIONS.
- As used in this subtitle--
- (1) the term `national crime information databases' refers
to the National Crime Information Center and its incorporated criminal
history databases, including the Interstate Identification Index; and
- (2) the term `protection order' includes an injunction or
any other order issued for the purpose of preventing violent or
threatening acts or harassment against, or contact or communication with
or physical proximity to, another person, including temporary and final
orders issued by civil or criminal courts (other than support or child
custody orders) whether obtained by filing an independent action or as a
pendente lite order in another proceeding so long as any civil order
was issued in response to a complaint, petition, or motion filed by or
on behalf of a person seeking protection.
Subtitle G--Protections for Battered Immigrant Women and Children
SEC. 40701. ALIEN PETITIONING RIGHTS FOR IMMEDIATE RELATIVE OR SECOND PREFERENCE STATUS.
- (a) IN GENERAL- Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is amended--
- (1) in subparagraph (A)--
- (A) by inserting `(i)' after `(A)',
- (B) by redesignating the second sentence as clause (ii), and
- (C) by adding at the end the following new clauses:
- `(iii) An alien who is the spouse of a citizen of the United
States, who is a person of good moral character, who is eligible to be
classified as an immediate relative under section 201(b)(2)(A)(i), and
who has resided in the United States with the alien's spouse may file a
petition with the Attorney General under this subparagraph for
classification of the alien (and any child of the alien if such a child
has not been classified under clause (iv)) under such section if the
alien demonstrates to the Attorney General that--
- `(I) the alien is residing in the United States, the
marriage between the alien and the spouse was entered into in good faith
by the alien, and during the marriage the alien or a child of the alien
has been battered by or has been the subject of extreme cruelty
perpetrated by the alien's spouse; and
- `(II) the alien is a person whose deportation, in the
opinion of the Attorney General, would result in extreme hardship to the
alien or a child of the alien.
- `(iv) An alien who is the child of a citizen of the United
States, who is a person of good moral character, who is eligible to be
classified as an immediate relative under section 201(b)(2)(A)(i), and
who has resided in the United States with the citizen parent may file a
petition with the Attorney General under this subparagraph for
classification of the alien under such section if the alien demonstrates
to the Attorney General that--
- `(I) the alien is residing in the United States and during
the period of residence with the citizen parent the alien has been
battered by or has been the subject of extreme cruelty perpetrated by
the alien's citizen parent; and
- `(II) the alien is a person whose deportation, in the
opinion of the Attorney General, would result in extreme hardship to the
alien.';
- (2) in subparagraph (B)--
- (A) by inserting `(i)' after `(B)'; and
- (B) by adding at the end the following new clauses:
- `(ii) An alien who is the spouse of an alien lawfully admitted
for permanent residence, who is a person of good moral character, who
is eligible for classification under section 203(a)(2)(A), and who has
resided in the United States with the alien's legal permanent resident
spouse may file a petition with the Attorney General under this
subparagraph for classification of the alien (and any child of the alien
if such a child has not been classified under clause (iii)) under such
section if the alien demonstrates to the Attorney General that the
conditions described in subclauses (I) and (II) of subparagraph (A)(iii)
are met with respect to the alien.
- `(iii) An alien who is the child of an alien lawfully admitted
for permanent residence, who is a person of good moral character, who
is eligible for classification under section 203(a)(2)(A), and who has
resided in the United States with the alien's permanent resident alien
parent may file a petition with the Attorney General under this
subparagraph for classification of the alien under such section if the
alien demonstrates to the Attorney General that--
- `(I) the alien is residing in the United States and during
the period of residence with the permanent resident parent the alien
has been battered by or has been the subject of extreme cruelty
perpetrated by the alien's permanent resident parent; and
- `(II) the alien is a person whose deportation, in the
opinion of the Attorney General, would result in extreme hardship to the
alien.'; and
- (3) by adding at the end the following new subparagraph:
- `(H) In acting on petitions filed under clause (iii) or (iv)
of subparagraph (A) or clause (ii) or (iii) of subparagraph (B), the
Attorney General shall consider any credible evidence relevant to the
petition. The determination of what evidence is credible and the weight
to be given that evidence shall be within the sole discretion of the
Attorney General.'.
- (b) CONFORMING AMENDMENTS- (1) Section 204(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(2)) is amended--
- (A) in subparagraph (A) by striking `filed by an alien
who,' and inserting `for the classification of the spouse of an alien if
the alien,'; and
- (B) in subparagraph (B) by striking `by an alien whose
prior marriage' and inserting `for the classification of the spouse of
an alien if the prior marriage of the alien'.
- (2) Section 201(b)(2)(A)(i) of the Immigration and Nationality
Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended by striking `204(a)(1)(A)'
and inserting `204(a)(1)(A)(ii)'.
- (c) SURVIVAL RIGHTS TO PETITION- Section 204 of the
Immigration and Nationality Act (8 U.S.C. 1154) is amended by adding at
the end the following new subsection:
- `(h) The legal termination of a marriage may not be the sole
basis for revocation under section 205 of a petition filed under
subsection (a)(1)(A)(iii) or a petition filed under subsection
(a)(1)(B)(ii) pursuant to conditions described in subsection
(a)(1)(A)(iii)(I).'.
- (d) EFFECTIVE DATE- The amendments made by this section shall take effect January 1, 1995.
SEC. 40702. USE OF CREDIBLE EVIDENCE IN SPOUSAL WAIVER APPLICATIONS.
- (a) IN GENERAL- Section 216(c)(4) of the Immigration and
Nationality Act (8 U.S.C. 1186a(c)(4)) is amended by inserting after the
second sentence the following: `In acting on applications under this
paragraph, the Attorney General shall consider any credible evidence
relevant to the application. The determination of what evidence is
credible and the weight to be given that evidence shall be within the
sole discretion of the Attorney General.'.
- (b) EFFECTIVE DATE- The amendment made by subsection (a) shall
take effect on the date of enactment of this Act and shall apply to
applications made before, on, or after such date.
SEC. 40703. SUSPENSION OF DEPORTATION.
- (a) BATTERED SPOUSE OR CHILD- Section 244(a) of the Immigration and Nationality Act (8 U.S.C. 1254(a)) is amended--
- (1) by striking `or' at the end of paragraph (1);
- (2) by striking the period at the end of paragraph (2) and inserting `; or'; and
- (3) by inserting after paragraph (2) the following:
- `(3) is deportable under any law of the United States
except section 241(a)(1)(G) and the provisions specified in paragraph
(2); has been physically present in the United States for a continuous
period of not less than 3 years immediately preceding the date of such
application; has been battered or subjected to extreme cruelty in the
United States by a spouse or parent who is a United States citizen or
lawful permanent resident (or is the parent of a child of a United
States citizen or lawful permanent resident and the child has been
battered or subjected to extreme cruelty in the United States by such
citizen or permanent resident parent); and proves that during all of
such time in the United States the alien was and is a person of good
moral character; and is a person whose deportation would, in the opinion
of the Attorney General, result in extreme hardship to the alien or the
alien's parent or child.'.
- (b) CONSIDERATION OF EVIDENCE- Section 244 of the Immigration
and Nationality Act (8 U.S.C. 1254) is amended by adding at the end the
following new subsection:
- `(g) In acting on applications under subsection (a)(3), the
Attorney General shall consider any credible evidence relevant to the
application. The determination of what evidence is credible and the
weight to be given that evidence shall be within the sole discretion of
the Attorney General.'.
TITLE V--DRUG COURTS
SEC. 50001. DRUG COURTS.
- (a) IN GENERAL- Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section
40231(a), is amended--
- (1) by redesignating part V as part W;
- (2) by redesignating section 2201 as section 2301; and
- (3) by inserting after part U the following new part:
`PART V--DRUG COURTS
`SEC. 2201. GRANT AUTHORITY.
- `The Attorney General may make grants to States, State
courts, local courts, units of local government, and Indian tribal
governments, acting directly or through agreements with other public or
private entities, for programs that involve--
- `(1) continuing judicial supervision over offenders with substance abuse problems who are not violent offenders; and
- `(2) the integrated administration of other sanctions and services, which shall include--
- `(A) mandatory periodic testing for the use of
controlled substances or other addictive substances during any period of
supervised release or probation for each participant;
- `(B) substance abuse treatment for each participant;
- `(C) diversion, probation, or other supervised release
involving the possibility of prosecution, confinement, or incarceration
based on noncompliance with program requirements or failure to show
satisfactory progress; and
- `(D) programmatic, offender management, and aftercare
services such as relapse prevention, health care, education, vocational
training, job placement, housing placement, and child care or other
family support services for each participant who requires such services.
`SEC. 2202. PROHIBITION OF PARTICIPATION BY VIOLENT OFFENDERS.
- `The Attorney General shall--
- `(1) issue regulations and guidelines to ensure that the
programs authorized in this part do not permit participation by violent
offenders; and
- `(2) immediately suspend funding for any grant under this
part, pending compliance, if the Attorney General finds that violent
offenders are participating in any program funded under this part.
`SEC. 2203. DEFINITION.
- `In this part, `violent offender' means a person who--
- `(1) is charged with or convicted of an offense, during the course of which offense or conduct--
- `(A) the person carried, possessed, or used a firearm or dangerous weapon;
- `(B) there occurred the death of or serious bodily injury to any person; or
- `(C) there occurred the use of force against the person of another,
- without regard to whether any of the circumstances described
in subparagraph (A), (B), or (C) is an element of the offense or
conduct of which or for which the person is charged or convicted; or
- `(2) has one or more prior convictions for a felony crime
of violence involving the use or attempted use of force against a person
with the intent to cause death or serious bodily harm.
`SEC. 2204. ADMINISTRATION.
- `(a) CONSULTATION- The Attorney General shall consult with the
Secretary of Health and Human Services and any other appropriate
officials in carrying out this part.
- `(b) USE OF COMPONENTS- The Attorney General may utilize any
component or components of the Department of Justice in carrying out
this part.
- `(c) REGULATORY AUTHORITY- The Attorney General may issue regulations and guidelines necessary to carry out this part.
- `(d) APPLICATIONS- In addition to any other requirements that
may be specified by the Attorney General, an application for a grant
under this part shall--
- `(1) include a long-term strategy and detailed implementation plan;
- `(2) explain the applicant's inability to fund the program adequately without Federal assistance;
- `(3) certify that the Federal support provided will be
used to supplement, and not supplant, State, Indian tribal, and local
sources of funding that would otherwise be available;
- `(4) identify related governmental or community initiatives which complement or will be coordinated with the proposal;
- `(5) certify that there has been appropriate consultation
with all affected agencies and that there will be appropriate
coordination with all affected agencies in the implementation of the
program;
- `(6) certify that participating offenders will be
supervised by one or more designated judges with responsibility for the
drug court program;
- `(7) specify plans for obtaining necessary support and
continuing the proposed program following the conclusion of Federal
support; and
- `(8) describe the methodology that will be used in evaluating the program.
`SEC. 2205. APPLICATIONS.
- `To request funds under this part, the chief executive or the
chief justice of a State or the chief executive or chief judge of a unit
of local government or Indian tribal government shall submit an
application to the Attorney General in such form and containing such
information as the Attorney General may reasonably require.
`SEC. 2206. FEDERAL SHARE.
- `The Federal share of a grant made under this part may not
exceed 75 percent of the total costs of the program described in the
application submitted under section 2205 for the fiscal year for which
the program receives assistance under this part, unless the Attorney
General waives, wholly or in part, the requirement of a matching
contribution under this section. In-kind contributions may constitute a
portion of the non-Federal share of a grant.
`SEC. 2207. GEOGRAPHIC DISTRIBUTION.
- `The Attorney General shall ensure that, to the extent
practicable, an equitable geographic distribution of grant awards is
made.
`SEC. 2208. REPORT.
- `A State, Indian tribal government, or unit of local
government that receives funds under this part during a fiscal year
shall submit to the Attorney General a report in March of the following
year regarding the effectiveness of this part.
`SEC. 2209. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.
- `(a) TECHNICAL ASSISTANCE AND TRAINING- The Attorney General
may provide technical assistance and training in furtherance of the
purposes of this part.
- `(b) EVALUATIONS- In addition to any evaluation requirements
that may be prescribed for grantees, the Attorney General may carry out
or make arrangements for evaluations of programs that receive support
under this part.
- `(c) ADMINISTRATION- The technical assistance, training, and
evaluations authorized by this section may be carried out directly by
the Attorney General, in collaboration with the Secretary of Health and
Human Services, or through grants, contracts, or other cooperative
arrangements with other entities.'.
- (b) TECHNICAL AMENDMENT- The table of contents of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711
et seq.), as amended by section 40231(b), is amended by striking the
matter relating to part V and inserting the following:
`Part V--Drug Courts
- `Sec. 2201. Grant authority.
- `Sec. 2202. Prohibition of participation by violent offenders.
- `Sec. 2203. Definition.
- `Sec. 2204. Administration.
- `Sec. 2205. Applications.
- `Sec. 2206. Federal share.
- `Sec. 2207. Geographic distribution.
- `Sec. 2208. Report.
- `Sec. 2209. Technical assistance, training, and evaluation.
`Part W--Transition-Effective Date-Repealer
- `Sec. 2301. Continuation of rules, authorities, and proceedings.'.
- (c) AUTHORIZATION OF APPROPRIATIONS- Section 1001(a) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793), as amended by section 40231(c), is amended--
- (1) in paragraph (3) by striking `and U' and inserting `U, and V'; and
- (2) by adding at the end the following new paragraph:
- `(20) There are authorized to be appropriated to carry out part V--
- `(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
and Safe Streets Act of 1968, the Comptroller General shall consider,
among other things--
- (1) recidivism rates of program participants;
- (2) completion rates among program participants;
- (3) drug use by program participants; and
- (4) the costs of the program to the criminal justice system.
TITLE VI--DEATH PENALTY
SEC. 60001. SHORT TITLE.
- This title may be cited as the `Federal Death Penalty Act of 1994'.
SEC. 60002. CONSTITUTIONAL PROCEDURES FOR THE IMPOSITION OF THE SENTENCE OF DEATH.
- (a) IN GENERAL- Part II of title 18, United States Code, is amended by inserting after chapter 227 the following new chapter:
`CHAPTER 228--DEATH SENTENCE
- `Sec.
- `3591. Sentence of death.
- `3592. Mitigating and aggravating factors to be considered in determining whether a sentence of death is justified.
- `3593. Special hearing to determine whether a sentence of death is justified.
- `3594. Imposition of a sentence of death.
- `3595. Review of a sentence of death.
- `3596. Implementation of a sentence of death.
- `3597. Use of State facilities.
- `3598. Special provisions for Indian country.
`Sec. 3591. Sentence of death
- `(a) A defendant who has been found guilty of--
- `(1) an offense described in section 794 or section 2381; or
- `(2) any other offense for which a sentence of death is
provided, if the defendant, as determined beyond a reasonable doubt at
the hearing under section 3593--
- `(A) intentionally killed the victim;
- `(B) intentionally inflicted serious bodily injury that resulted in the death of the victim;
- `(C) intentionally participated in an act,
contemplating that the life of a person would be taken or intending that
lethal force would be used in connection with a person, other than one
of the participants in the offense, and the victim died as a direct
result of the act; or
- `(D) intentionally and specifically engaged in an act
of violence, knowing that the act created a grave risk of death to a
person, other than one of the participants in the offense, such that
participation in the act constituted a reckless disregard for human life
and the victim died as a direct result of the act,
- shall be sentenced to death if, after consideration of the
factors set forth in section 3592 in the course of a hearing held
pursuant to section 3593, it is determined that imposition of a sentence
of death is justified, except that no person may be sentenced to death
who was less than 18 years of age at the time of the offense.
- `(b) A defendant who has been found guilty of--
- `(1) an offense referred to in section 408(c)(1) of the
Controlled Substances Act (21 U.S.C. 848(c)(1)), committed as part of a
continuing criminal enterprise offense under the conditions described in
subsection (b) of that section which involved not less than twice the
quantity of controlled substance described in subsection (b)(2)(A) or
twice the gross receipts described in subsection (b)(2)(B); or
- `(2) an offense referred to in section 408(c)(1) of the
Controlled Substances Act (21 U.S.C. 848(c)(1)), committed as part of a
continuing criminal enterprise offense under that section, where the
defendant is a principal administrator, organizer, or leader of such an
enterprise, and the defendant, in order to obstruct the investigation or
prosecution of the enterprise or an offense involved in the enterprise,
attempts to kill or knowingly directs, advises, authorizes, or assists
another to attempt to kill any public officer, juror, witness, or
members of the family or household of such a person,
- shall be sentenced to death if, after consideration of the
factors set forth in section 3592 in the course of a hearing held
pursuant to section 3593, it is determined that imposition of a sentence
of death is justified, except that no person may be sentenced to death
who was less than 18 years of age at the time of the offense.
`Sec. 3592. Mitigating and aggravating factors to be considered in determining whether a sentence of death is justified
- `(a) MITIGATING FACTORS- In determining whether a sentence of
death is to be imposed on a defendant, the finder of fact shall consider
any mitigating factor, including the following:
- `(1) IMPAIRED CAPACITY- The defendant's capacity to
appreciate the wrongfulness of the defendant's conduct or to conform
conduct to the requirements of law was significantly impaired,
regardless of whether the capacity was so impaired as to constitute a
defense to the charge.
- `(2) DURESS- The defendant was under unusual and
substantial duress, regardless of whether the duress was of such a
degree as to constitute a defense to the charge.
- `(3) MINOR PARTICIPATION- The defendant is punishable as a
principal in the offense, which was committed by another, but the
defendant's participation was relatively minor, regardless of whether
the participation was so minor as to constitute a defense to the charge.
- `(4) EQUALLY CULPABLE DEFENDANTS- Another defendant or
defendants, equally culpable in the crime, will not be punished by
death.
- `(5) NO PRIOR CRIMINAL RECORD- The defendant did not have a significant prior history of other criminal conduct.
- `(6) DISTURBANCE- The defendant committed the offense under severe mental or emotional disturbance.
- `(7) VICTIM'S CONSENT- The victim consented to the criminal conduct that resulted in the victim's death.
- `(8) OTHER FACTORS- Other factors in the defendant's
background, record, or character or any other circumstance of the
offense that mitigate against imposition of the death sentence.
- `(b) AGGRAVATING FACTORS FOR ESPIONAGE AND TREASON- In
determining whether a sentence of death is justified for an offense
described in section 3591(a)(1), the jury, or if there is no jury, the
court, shall consider each of the following aggravating factors for
which notice has been given and determine which, if any, exist:
- `(1) PRIOR ESPIONAGE OR TREASON OFFENSE- The defendant has
previously been convicted of another offense involving espionage or
treason for which a sentence of either life imprisonment or death was
authorized by law.
- `(2) GRAVE RISK TO NATIONAL SECURITY- In the commission of
the offense the defendant knowingly created a grave risk of substantial
danger to the national security.
- `(3) GRAVE RISK OF DEATH- In the commission of the offense
the defendant knowingly created a grave risk of death to another
person.
- The jury, or if there is no jury, the court, may consider
whether any other aggravating factor for which notice has been given
exists.
- `(c) AGGRAVATING FACTORS FOR HOMICIDE- In determining whether a
sentence of death is justified for an offense described in section
3591(a)(2), the jury, or if there is no jury, the court, shall consider
each of the following aggravating factors for which notice has been
given and determine which, if any, exist:
- `(1) DEATH DURING COMMISSION OF ANOTHER CRIME- The death,
or injury resulting in death, occurred during the commission or
attempted commission of, or during the immediate flight from the
commission of, an offense under section 32 (destruction of aircraft or
aircraft facilities), section 33 (destruction of motor vehicles or motor
vehicle facilities), section 36 (violence at international airports),
section 351 (violence against Members of Congress, Cabinet officers, or
Supreme Court Justices), an offense under section 751 (prisoners in
custody of institution or officer), section 794 (gathering or delivering
defense information to aid foreign government), section 844(d)
(transportation of explosives in interstate commerce for certain
purposes), section 844(f) (destruction of Government property by
explosives), section 1118 (prisoners serving life term), section 1201
(kidnaping), section 844(i) (destruction of property affecting
interstate commerce by explosives), section 1116 (killing or attempted
killing of diplomats), section 1203 (hostage taking), section 1992
(wrecking trains), section 2280 (maritime violence), section 2281
(maritime platform violence), section 2332 (terrorist acts abroad
against United States nationals), section 2339 (use of weapons of mass
destruction), or section 2381 (treason) of this title, or section 46502
of title 49, United States Code (aircraft piracy).
- `(2) PREVIOUS CONVICTION OF VIOLENT FELONY INVOLVING
FIREARM- For any offense, other than an offense for which a sentence of
death is sought on the basis of section 924(c), the defendant has
previously been convicted of a Federal or State offense punishable by a
term of imprisonment of more than 1 year, involving the use or attempted
or threatened use of a firearm (as defined in section 921) against
another person.
- `(3) PREVIOUS CONVICTION OF OFFENSE FOR WHICH A SENTENCE
OF DEATH OR LIFE IMPRISONMENT WAS AUTHORIZED- The defendant has
previously been convicted of another Federal or State offense resulting
in the death of a person, for which a sentence of life imprisonment or a
sentence of death was authorized by statute.
- `(4) PREVIOUS CONVICTION OF OTHER SERIOUS OFFENSES- The
defendant has previously been convicted of 2 or more Federal or State
offenses, punishable by a term of imprisonment of more than 1 year,
committed on different occasions, involving the infliction of, or
attempted infliction of, serious bodily injury or death upon another
person.
- `(5) GRAVE RISK OF DEATH TO ADDITIONAL PERSONS- The
defendant, in the commission of the offense, or in escaping apprehension
for the violation of the offense, knowingly created a grave risk of
death to 1 or more persons in addition to the victim of the offense.
- `(6) HEINOUS, CRUEL, OR DEPRAVED MANNER OF COMMITTING
OFFENSE- The defendant committed the offense in an especially heinous,
cruel, or depraved manner in that it involved torture or serious
physical abuse to the victim.
- `(7) PROCUREMENT OF OFFENSE BY PAYMENT- The defendant
procured the commission of the offense by payment, or promise of
payment, of anything of pecuniary value.
- `(8) PECUNIARY GAIN- The defendant committed the offense
as consideration for the receipt, or in the expectation of the receipt,
of anything of pecuniary value.
- `(9) SUBSTANTIAL PLANNING AND PREMEDITATION- The defendant
committed the offense after substantial planning and premeditation to
cause the death of a person or commit an act of terrorism.
- `(10) CONVICTION FOR TWO FELONY DRUG OFFENSES- The
defendant has previously been convicted of 2 or more State or Federal
offenses punishable by a term of imprisonment of more than one year,
committed on different occasions, involving the distribution of a
controlled substance.
- `(11) VULNERABILITY OF VICTIM- The victim was particularly vulnerable due to old age, youth, or infirmity.
- `(12) CONVICTION FOR SERIOUS FEDERAL DRUG OFFENSES- The
defendant had previously been convicted of violating title II or III of
the Controlled Substances Act for which a sentence of 5 or more years
may be imposed or had previously been convicted of engaging in a
continuing criminal enterprise.
- `(13) CONTINUING CRIMINAL ENTERPRISE INVOLVING DRUG SALES
TO MINORS- The defendant committed the offense in the course of engaging
in a continuing criminal enterprise in violation of section 408(c) of
the Controlled Substances Act (21 U.S.C. 848(c)), and that violation
involved the distribution of drugs to persons under the age of 21 in
violation of section 418 of that Act (21 U.S.C. 859).
- `(14) HIGH PUBLIC OFFICIALS- The defendant committed the offense against--
- `(A) the President of the United States, the
President-elect, the Vice President, the Vice President-elect, the Vice
President-designate, or, if there is no Vice President, the officer next
in order of succession to the office of the President of the United
States, or any person who is acting as President under the Constitution
and laws of the United States;
- `(B) a chief of state, head of government, or the political equivalent, of a foreign nation;
- `(C) a foreign official listed in section 1116(b)(3)(A), if the official is in the United States on official business; or
- `(D) a Federal public servant who is a judge, a law
enforcement officer, or an employee of a United States penal or
correctional institution--
- `(i) while he or she is engaged in the performance of his or her official duties;
- `(ii) because of the performance of his or her official duties; or
- `(iii) because of his or her status as a public servant.
- For purposes of this subparagraph, a `law enforcement
officer' is a public servant authorized by law or by a Government agency
or Congress to conduct or engage in the prevention, investigation, or
prosecution or adjudication of an offense, and includes those engaged in
corrections, parole, or probation functions.
- `(15) PRIOR CONVICTION OF SEXUAL ASSAULT OR CHILD
MOLESTATION- In the case of an offense under chapter 109A (sexual abuse)
or chapter 110 (sexual abuse of children), the defendant has previously
been convicted of a crime of sexual assault or crime of child
molestation.
- The jury, or if there is no jury, the court, may consider
whether any other aggravating factor for which notice has been given
exists.
- `(d) AGGRAVATING FACTORS FOR DRUG OFFENSE DEATH PENALTY- In
determining whether a sentence of death is justified for an offense
described in section 3591(b), the jury, or if there is no jury, the
court, shall consider each of the following aggravating factors for
which notice has been given and determine which, if any, exist:
- `(1) PREVIOUS CONVICTION OF OFFENSE FOR WHICH A SENTENCE
OF DEATH OR LIFE IMPRISONMENT WAS AUTHORIZED- The defendant has
previously been convicted of another Federal or State offense resulting
in the death of a person, for which a sentence of life imprisonment or
death was authorized by statute.
- `(2) PREVIOUS CONVICTION OF OTHER SERIOUS OFFENSES- The
defendant has previously been convicted of two or more Federal or State
offenses, each punishable by a term of imprisonment of more than one
year, committed on different occasions, involving the importation,
manufacture, or distribution of a controlled substance (as defined in
section 102 of the Controlled Substances Act (21 U.S.C. 802)) or the
infliction of, or attempted infliction of, serious bodily injury or
death upon another person.
- `(3) PREVIOUS SERIOUS DRUG FELONY CONVICTION- The
defendant has previously been convicted of another Federal or State
offense involving the manufacture, distribution, importation, or
possession of a controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802)) for which a sentence of five
or more years of imprisonment was authorized by statute.
- `(4) USE OF FIREARM- In committing the offense, or in
furtherance of a continuing criminal enterprise of which the offense was
a part, the defendant used a firearm or knowingly directed, advised,
authorized, or assisted another to use a firearm to threaten,
intimidate, assault, or injure a person.
- `(5) DISTRIBUTION TO PERSONS UNDER 21- The offense, or a
continuing criminal enterprise of which the offense was a part, involved
conduct proscribed by section 418 of the Controlled Substances Act (21
U.S.C. 859) which was committed directly by the defendant.
- `(6) DISTRIBUTION NEAR SCHOOLS- The offense, or a
continuing criminal enterprise of which the offense was a part, involved
conduct proscribed by section 419 of the Controlled Substances Act (21
U.S.C. 860) which was committed directly by the defendant.
- `(7) USING MINORS IN TRAFFICKING- The offense, or a
continuing criminal enterprise of which the offense was a part, involved
conduct proscribed by section 420 of the Controlled Substances Act (21
U.S.C. 861) which was committed directly by the defendant.
- `(8) LETHAL ADULTERANT- The offense involved the
importation, manufacture, or distribution of a controlled substance (as
defined in section 102 of the Controlled Substances Act (21 U.S.C.
802)), mixed with a potentially lethal adulterant, and the defendant was
aware of the presence of the adulterant.
- The jury, or if there is no jury, the court, may consider
whether any other aggravating factor for which notice has been given
exists.
`Sec. 3593. Special hearing to determine whether a sentence of death is justified
- `(a) NOTICE BY THE GOVERNMENT- If, in a case involving an
offense described in section 3591, the attorney for the government
believes that the circumstances of the offense are such that a sentence
of death is justified under this chapter, the attorney shall, a
reasonable time before the trial or before acceptance by the court of a
plea of guilty, sign and file with the court, and serve on the
defendant, a notice--
- `(1) stating that the government believes that the
circumstances of the offense are such that, if the defendant is
convicted, a sentence of death is justified under this chapter and that
the government will seek the sentence of death; and
- `(2) setting forth the aggravating factor or factors that
the government, if the defendant is convicted, proposes to prove as
justifying a sentence of death.
- The factors for which notice is provided under this subsection
may include factors concerning the effect of the offense on the victim
and the victim's family, and may include oral testimony, a victim impact
statement that identifies the victim of the offense and the extent and
scope of the injury and loss suffered by the victim and the victim's
family, and any other relevant information. The court may permit the
attorney for the government to amend the notice upon a showing of good
cause.
- `(b) HEARING BEFORE A COURT OR JURY- If the attorney for the
government has filed a notice as required under subsection (a) and the
defendant is found guilty of or pleads guilty to an offense described in
section 3591, the judge who presided at the trial or before whom the
guilty plea was entered, or another judge if that judge is unavailable,
shall conduct a separate sentencing hearing to determine the punishment
to be imposed. The hearing shall be conducted--
- `(1) before the jury that determined the defendant's guilt;
- `(2) before a jury impaneled for the purpose of the hearing if--
- `(A) the defendant was convicted upon a plea of guilty;
- `(B) the defendant was convicted after a trial before the court sitting without a jury;
- `(C) the jury that determined the defendant's guilt was discharged for good cause; or
- `(D) after initial imposition of a sentence under this
section, reconsideration of the sentence under this section is
necessary; or
- `(3) before the court alone, upon the motion of the defendant and with the approval of the attorney for the government.
- A jury impaneled pursuant to paragraph (2) shall consist of 12
members, unless, at any time before the conclusion of the hearing, the
parties stipulate, with the approval of the court, that it shall consist
of a lesser number.
- `(c) PROOF OF MITIGATING AND AGGRAVATING FACTORS-
Notwithstanding rule 32(c) of the Federal Rules of Criminal Procedure,
when a defendant is found guilty or pleads guilty to an offense under
section 3591, no presentence report shall be prepared. At the sentencing
hearing, information may be presented as to any matter relevant to the
sentence, including any mitigating or aggravating factor permitted or
required to be considered under section 3592. Information presented may
include the trial transcript and exhibits if the hearing is held before a
jury or judge not present during the trial, or at the trial judge's
discretion. The defendant may present any information relevant to a
mitigating factor. The government may present any information relevant
to an aggravating factor for which notice has been provided under
subsection (a). Information is admissible regardless of its
admissibility under the rules governing admission of evidence at
criminal trials except that information may be excluded if its probative
value is outweighed by the danger of creating unfair prejudice,
confusing the issues, or misleading the jury. The government and the
defendant shall be permitted to rebut any information received at the
hearing, and shall be given fair opportunity to present argument as to
the adequacy of the information to establish the existence of any
aggravating or mitigating factor, and as to the appropriateness in the
case of imposing a sentence of death. The government shall open the
argument. The defendant shall be permitted to reply. The government
shall then be permitted to reply in rebuttal. The burden of establishing
the existence of any aggravating factor is on the government, and is
not satisfied unless the existence of such a factor is established
beyond a reasonable doubt. The burden of establishing the existence of
any mitigating factor is on the defendant, and is not satisfied unless
the existence of such a factor is established by a preponderance of the
information.
- `(d) RETURN OF SPECIAL FINDINGS- The jury, or if there is no
jury, the court, shall consider all the information received during the
hearing. It shall return special findings identifying any aggravating
factor or factors set forth in section 3592 found to exist and any other
aggravating factor for which notice has been provided under subsection
(a) found to exist. A finding with respect to a mitigating factor may be
made by 1 or more members of the jury, and any member of the jury who
finds the existence of a mitigating factor may consider such factor
established for purposes of this section regardless of the number of
jurors who concur that the factor has been established. A finding with
respect to any aggravating factor must be unanimous. If no aggravating
factor set forth in section 3592 is found to exist, the court shall
impose a sentence other than death authorized by law.
- `(e) RETURN OF A FINDING CONCERNING A SENTENCE OF DEATH- If, in the case of--
- `(1) an offense described in section 3591(a)(1), an
aggravating factor required to be considered under section 3592(b) is
found to exist;
- `(2) an offense described in section 3591(a)(2), an
aggravating factor required to be considered under section 3592(c) is
found to exist; or
- `(3) an offense described in section 3591(b), an
aggravating factor required to be considered under section 3592(d) is
found to exist,
- the jury, or if there is no jury, the court, shall consider
whether all the aggravating factor or factors found to exist
sufficiently outweigh all the mitigating factor or factors found to
exist to justify a sentence of death, or, in the absence of a mitigating
factor, whether the aggravating factor or factors alone are sufficient
to justify a sentence of death. Based upon this consideration, the jury
by unanimous vote, or if there is no jury, the court, shall recommend
whether the defendant should be sentenced to death, to life imprisonment
without possibility of release or some other lesser sentence.
- `(f) SPECIAL PRECAUTION TO ENSURE AGAINST DISCRIMINATION- In a
hearing held before a jury, the court, prior to the return of a finding
under subsection (e), shall instruct the jury that, in considering
whether a sentence of death is justified, it shall not consider the
race, color, religious beliefs, national origin, or sex of the defendant
or of any victim and that the jury is not to recommend a sentence of
death unless it has concluded that it would recommend a sentence of
death for the crime in question no matter what the race, color,
religious beliefs, national origin, or sex of the defendant or of any
victim may be. The jury, upon return of a finding under subsection (e),
shall also return to the court a certificate, signed by each juror, that
consideration of the race, color, religious beliefs, national origin,
or sex of the defendant or any victim was not involved in reaching his
or her individual decision and that the individual juror would have made
the same recommendation regarding a sentence for the crime in question
no matter what the race, color, religious beliefs, national origin, or
sex of the defendant or any victim may be.
`Sec. 3594. Imposition of a sentence of death
- `Upon a recommendation under section 3593(e) that the
defendant should be sentenced to death or life imprisonment without
possibility of release, the court shall sentence the defendant
accordingly. Otherwise, the court shall impose any lesser sentence that
is authorized by law. Notwithstanding any other law, if the maximum term
of imprisonment for the offense is life imprisonment, the court may
impose a sentence of life imprisonment without possibility of release.
`Sec. 3595. Review of a sentence of death
- `(a) APPEAL- In a case in which a sentence of death is
imposed, the sentence shall be subject to review by the court of appeals
upon appeal by the defendant. Notice of appeal must be filed within the
time specified for the filing of a notice of appeal. An appeal under
this section may be consolidated with an appeal of the judgment of
conviction and shall have priority over all other cases.
- `(b) REVIEW- The court of appeals shall review the entire record in the case, including--
- `(1) the evidence submitted during the trial;
- `(2) the information submitted during the sentencing hearing;
- `(3) the procedures employed in the sentencing hearing; and
- `(4) the special findings returned under section 3593(d).
- `(c) DECISION AND DISPOSITION-
- `(1) The court of appeals shall address all substantive
and procedural issues raised on the appeal of a sentence of death, and
shall consider whether the sentence of death was imposed under the
influence of passion, prejudice, or any other arbitrary factor and
whether the evidence supports the special finding of the existence of an
aggravating factor required to be considered under section 3592.
- `(2) Whenever the court of appeals finds that--
- `(A) the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor;
- `(B) the admissible evidence and information adduced
does not support the special finding of the existence of the required
aggravating factor; or
- `(C) the proceedings involved any other legal error
requiring reversal of the sentence that was properly preserved for
appeal under the rules of criminal procedure,
- the court shall remand the case for reconsideration under
section 3593 or imposition of a sentence other than death. The court of
appeals shall not reverse or vacate a sentence of death on account of
any error which can be harmless, including any erroneous special finding
of an aggravating factor, where the Government establishes beyond a
reasonable doubt that the error was harmless.
- `(3) The court of appeals shall state in writing the
reasons for its disposition of an appeal of a sentence of death under
this section.
`Sec. 3596. Implementation of a sentence of death
- `(a) IN GENERAL- A person who has been sentenced to death
pursuant to this chapter shall be committed to the custody of the
Attorney General until exhaustion of the procedures for appeal of the
judgment of conviction and for review of the sentence. When the sentence
is to be implemented, the Attorney General shall release the person
sentenced to death to the custody of a United States marshal, who shall
supervise implementation of the sentence in the manner prescribed by the
law of the State in which the sentence is imposed. If the law of the
State does not provide for implementation of a sentence of death, the
court shall designate another State, the law of which does provide for
the implementation of a sentence of death, and the sentence shall be
implemented in the latter State in the manner prescribed by such law.
- `(b) PREGNANT WOMAN- A sentence of death shall not be carried out upon a woman while she is pregnant.
- `(c) MENTAL CAPACITY- A sentence of death shall not be carried
out upon a person who is mentally retarded. A sentence of death shall
not be carried out upon a person who, as a result of mental disability,
lacks the mental capacity to understand the death penalty and why it was
imposed on that person.
`Sec. 3597. Use of State facilities
- `(a) IN GENERAL- A United States marshal charged with
supervising the implementation of a sentence of death may use
appropriate State or local facilities for the purpose, may use the
services of an appropriate State or local official or of a person such
an official employs for the purpose, and shall pay the costs thereof in
an amount approved by the Attorney General.
- `(b) EXCUSE OF AN EMPLOYEE ON MORAL OR RELIGIOUS GROUNDS- No
employee of any State department of corrections, the United States
Department of Justice, the Federal Bureau of Prisons, or the United
States Marshals Service, and no employee providing services to that
department, bureau, or service under contract shall be required, as a
condition of that employment or contractual obligation, to be in
attendance at or to participate in any prosecution or execution under
this section if such participation is contrary to the moral or religious
convictions of the employee. In this subsection, `participation in
executions' includes personal preparation of the condemned individual
and the apparatus used for execution and supervision of the activities
of other personnel in carrying out such activities.
`Sec. 3598. Special provisions for Indian country
- `Notwithstanding sections 1152 and 1153, no person subject to
the criminal jurisdiction of an Indian tribal government shall be
subject to a capital sentence under this chapter for any offense the
Federal jurisdiction for which is predicated solely on Indian country
(as defined in section 1151 of this title) and which has occurred within
the boundaries of Indian country, unless the governing body of the
tribe has elected that this chapter have effect over land and persons
subject to its criminal jurisdiction.'.
- (b) TECHNICAL AMENDMENT- The part analysis for part II of
title 18, United States Code, is amended by inserting after the item
relating to chapter 227 the following new item:
3591'.
SEC. 60003. SPECIFIC OFFENSES FOR WHICH DEATH PENALTY IS AUTHORIZED.
- (a) CONFORMING CHANGES IN TITLE 18- Title 18, United States Code, is amended as follows:
- (1) AIRCRAFT AND MOTOR VEHICLES- Section 34 of title 18,
United States Code, is amended by striking the comma after `imprisonment
for life', inserting a period, and striking the remainder of the
section.
- (2) ESPIONAGE- Section 794(a) of title 18, United States
Code, is amended by striking the period at the end of the section and
inserting `, except that the sentence of death shall not be imposed
unless the jury or, if there is no jury, the court, further finds that
the offense resulted in the identification by a foreign power (as
defined in section 101(a) of the Foreign Intelligence Surveillance Act
of 1978) of an individual acting as an agent of the United States and
consequently in the death of that individual, or directly concerned
nuclear weaponry, military spacecraft or satellites, early warning
systems, or other means of defense or retaliation against large-scale
attack; war plans; communications intelligence or cryptographic
information; or any other major weapons system or major element of
defense strategy.'.
- (3) EXPLOSIVE MATERIALS- (A) Section 844(d) of title 18,
United States Code, is amended by striking `as provided in section 34 of
this title'.
- (B) Section 844(f) of title 18, United States Code, is amended by striking `as provided in section 34 of this title'.
- (C) Section 844(i) of title 18, United States Code, is amended by striking `as provided in section 34 of this title'.
- (4) MURDER- The second undesignated paragraph of section
1111(b) of title 18, United States Code, is amended to read as follows:
- `Whoever is guilty of murder in the first degree shall be punished by death or by imprisonment for life;'.
- (5) KILLING OF FOREIGN OFFICIAL- Section 1116(a) of title
18, United States Code, is amended by striking `any such person who is
found guilty of murder in the first degree shall be sentenced to
imprisonment for life, and'.
- (6) KIDNAPPING- Section 1201(a) of title 18, United States
Code, is amended by inserting after `or for life' the following: `and,
if the death of any person results, shall be punished by death or life
imprisonment'.
- (7) NONMAILABLE INJURIOUS ARTICLES- The last paragraph of
section 1716 of title 18, United States Code, is amended by striking the
comma after `imprisonment for life' and inserting a period and striking
the remainder of the paragraph.
- (8) WRECKING TRAINS- The second to the last undesignated
paragraph of section 1992 of title 18, United States Code, is amended by
striking the comma after `imprisonment for life', inserting a period,
and striking the remainder of the section.
- (9) BANK ROBBERY- Section 2113(e) of title 18, United
States Code, is amended by striking `or punished by death if the verdict
of the jury shall so direct' and inserting `or if death results shall
be punished by death or life imprisonment'.
- (10) HOSTAGE TAKING- Section 1203(a) of title 18, United
States Code, is amended by inserting after `or for life' the following:
`and, if the death of any person results, shall be punished by death or
life imprisonment'.
- (11) MURDER FOR HIRE- Section 1958 of title 18, United
States Code, is amended by striking `and if death results, shall be
subject to imprisonment for any term of years or for life, or shall be
fined not more than $50,000, or both' and inserting `and if death
results, shall be punished by death or life imprisonment, or shall be
fined not more than $250,000, or both'.
- (12) RACKETEERING- Section 1959(a)(1) of title 18, United States Code, is amended to read as follows:
- `(1) for murder, by death or life imprisonment, or a fine
of not more than $250,000, or both; and for kidnapping, by imprisonment
for any term of years or for life, or a fine of not more than $250,000,
or both;'.
- (13) GENOCIDE- Section 1091(b)(1) of title 18, United
States Code, is amended by striking `a fine of not more than $1,000,000
or imprisonment for life,' and inserting `, where death results, by
death or imprisonment for life and a fine of not more than $1,000,000,
or both;'.
- (14) CARJACKING- Section 2119(3) of title 18, United
States Code, is amended by striking the period after `both' and
inserting `, or sentenced to death.'; and by striking `, possessing a
firearm as defined in section 921 of this title,' and inserting `, with
the intent to cause death or serious bodily harm'.
- (b) CONFORMING AMENDMENT TO FEDERAL AVIATION ACT OF 1954- Chapter 465 of title 49, United States Code, is amended--
- (1) in the chapter analysis by striking `Death penalty sentencing procedure for aircraft piracy' and inserting `Repealed'; and
- (2) by striking section 46503.
SEC. 60004. APPLICABILITY TO UNIFORM CODE OF MILITARY JUSTICE.
- Chapter 228 of title 18, United States Code, as added by this
title, shall not apply to prosecutions under the Uniform Code of
Military Justice (10 U.S.C. 801).
SEC. 60005. DEATH PENALTY FOR MURDER BY A FEDERAL PRISONER.
- (a) IN GENERAL- Chapter 51 of title 18, United States Code, is amended by adding at the end the following new section:
`Sec. 1118. Murder by a Federal prisoner
- `(a) OFFENSE- A person who, while confined in a Federal
correctional institution under a sentence for a term of life
imprisonment, commits the murder of another shall be punished by death
or by life imprisonment.
- `(b) DEFINITIONS- In this section--
- `Federal correctional institution' means any Federal
prison, Federal correctional facility, Federal community program center,
or Federal halfway house.
- `murder' means a first degree or second degree murder (as defined in section 1111).
- `term of life imprisonment' means a sentence for the term
of natural life, a sentence commuted to natural life, an indeterminate
term of a minimum of at least fifteen years and a maximum of life, or an
unexecuted sentence of death.'.
- (b) TECHNICAL AMENDMENT- The chapter analysis for chapter 51
of title 18, United States Code, is amended by adding at the end the
following new item:
- `1118. Murder by a Federal prisoner.'.
SEC. 60006. DEATH PENALTY FOR CIVIL RIGHTS MURDERS.
- (a) CONSPIRACY AGAINST RIGHTS- Section 241 of title 18, United
States Code, is amended by striking the period at the end of the last
sentence and inserting `, or may be sentenced to death.'.
- (b) DEPRIVATION OF RIGHTS UNDER COLOR OF LAW- Section 242 of
title 18, United States Code, is amended by striking the period at the
end of the last sentence and inserting `, or may be sentenced to
death.'.
- (c) FEDERALLY PROTECTED ACTIVITIES- Section 245(b) of title
18, United States Code, is amended in the matter following paragraph (5)
by inserting `, or may be sentenced to death' after `or for life'.
- (d) DAMAGE TO RELIGIOUS PROPERTY; OBSTRUCTION OF THE FREE
EXERCISE OF RELIGIOUS RIGHTS- Section 247(c)(1) of title 18, United
States Code, is amended by inserting `, or may be sentenced to death'
after `or both'.
SEC. 60007. DEATH PENALTY FOR THE MURDER OF FEDERAL LAW ENFORCEMENT OFFICIALS.
- Section 1114 of title 18, United States Code, is amended by
striking `punished as provided under sections 1111 and 1112 of this
title,' and inserting `punished, in the case of murder, as provided
under section 1111, or, in the case of manslaughter, as provided under
section 1112.'.
SEC. 60008. NEW OFFENSE FOR THE INDISCRIMINATE USE OF WEAPONS TO FURTHER DRUG CONSPIRACIES.
- (a) SHORT TITLE- This section may be cited as the `Drive-By Shooting Prevention Act of 1994'.
- (b) IN GENERAL- Chapter 2 of title 18, United States Code, is amended by adding at the end the following new section:
`Sec. 36. Drive-by shooting
- `(a) DEFINITION- In this section, `major drug offense' means--
- `(1) a continuing criminal enterprise punishable under section 403(c) of the Controlled Substances Act (21 U.S.C. 848(c));
- `(2) a conspiracy to distribute controlled substances
punishable under section 406 of the Controlled Substances Act (21 U.S.C.
846) section 1013 of the Controlled Substances Import and Export
Control Act (21 U.S.C. 963); or
- `(3) an offense involving major quantities of drugs and
punishable under section 401(b)(1)(A) of the Controlled Substances Act
(21 U.S.C. 841(b)(1)(A)) or section 1010(b)(1) of the Controlled
Substances Import and Export Act (21 U.S.C. 960(b)(1)).
- `(b) OFFENSE AND PENALTIES- (1) A person who, in furtherance
or to escape detection of a major drug offense and with the intent to
intimidate, harass, injure, or maim, fires a weapon into a group of two
or more persons and who, in the course of such conduct, causes grave
risk to any human life shall be punished by a term of no more than 25
years, by fine under this title, or both.
- `(2) A person who, in furtherance or to escape detection of a
major drug offense and with the intent to intimidate, harass, injure, or
maim, fires a weapon into a group of 2 or more persons and who, in the
course of such conduct, kills any person shall, if the killing--
- `(A) is a first degree murder (as defined in section
1111(a)), be punished by death or imprisonment for any term of years or
for life, fined under this title, or both; or
- `(B) is a murder other than a first degree murder (as
defined in section 1111(a)), be fined under this title, imprisoned for
any term of years or for life, or both.'.
- (c) TECHNICAL AMENDMENT- The chapter analysis for chapter 2 of
title 18, United States Code, is amended by adding at the end the
following new item:
- `36. Drive-by shooting.'.
SEC. 60009. FOREIGN MURDER OF UNITED STATES NATIONALS.
- (a) IN GENERAL- Chapter 51 of title 18, United States Code, as
amended by section 60005(a), is amended by adding at the end the
following new section:
`Sec. 1119. Foreign murder of United States nationals
- `(a) DEFINITION- In this section, `national of the United
States' has the meaning stated in section 101(a)(22) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(22)).
- `(b) OFFENSE- A person who, being a national of the United
States, kills or attempts to kill a national of the United States while
such national is outside the United States but within the jurisdiction
of another country shall be punished as provided under sections 1111,
1112, and 1113.
- `(c) LIMITATIONS ON PROSECUTION- (1) No prosecution may be
instituted against any person under this section except upon the written
approval of the Attorney General, the Deputy Attorney General, or an
Assistant Attorney General, which function of approving prosecutions may
not be delegated. No prosecution shall be approved if prosecution has
been previously undertaken by a foreign country for the same conduct.
- `(2) No prosecution shall be approved under this section
unless the Attorney General, in consultation with the Secretary of
State, determines that the conduct took place in a country in which the
person is no longer present, and the country lacks the ability to
lawfully secure the person's return. A determination by the Attorney
General under this paragraph is not subject to judicial review.'.
- (b) TECHNICAL AMENDMENTS- (1) Section 1117 of title 18, United
States Code, is amended by striking `or 1116' and inserting `1116, or
1119'.
- (2) The chapter analysis for chapter 51 of title 18, United
States Code, as amended by section 60005(a), is amended by adding at the
end the following new item:
- `1119. Foreign murder of United States nationals.'.
SEC. 60010. DEATH PENALTY FOR RAPE AND CHILD MOLESTATION MURDERS.
- (a) OFFENSE- Chapter 109A of title 18, United States Code, is amended--
- (1) by redesignating section 2245 as section 2246; and
- (2) by inserting after section 2244 the following new section:
`Sec. 2245. Sexual abuse resulting in death
- `A person who, in the course of an offense under this chapter,
engages in conduct that results in the death of a person, shall be
punished by death or imprisoned for any term of years or for life.'.
- (b) TECHNICAL AMENDMENTS- The chapter analysis for chapter
109A of title 18, United States Code, is amended by striking the item
for section 2245 and inserting the following:
- `2245. Sexual abuse resulting in death.
- `2246. Definitions for chapter.'.
SEC. 60011. DEATH PENALTY FOR SEXUAL EXPLOITATION OF CHILDREN.
- Section 2251(d) of title 18, United States Code, is amended by
adding at the end the following: `Whoever, in the course of an offense
under this section, engages in conduct that results in the death of a
person, shall be punished by death or imprisoned for any term of years
or for life.'.
SEC. 60012. MURDER BY ESCAPED PRISONERS.
- (a) IN GENERAL- Chapter 51 of title 18, United States Code, as
amended by section 60009(a), is amended by adding at the end the
following new section:
`Sec. 1120. Murder by escaped prisoners
- `(a) DEFINITION- In this section, `Federal prison' and `term of life imprisonment' have the meanings stated in section 1118.
- `(b) OFFENSE AND PENALTY- A person, having escaped from a
Federal prison where the person was confined under a sentence for a term
of life imprisonment, kills another shall be punished as provided in
sections 1111 and 1112.'.
- (b) TECHNICAL AMENDMENT- The chapter analysis for chapter 51
of title 18, United States Code, as amended by section 60009(b)(2), is
amended by adding at the end the following new item:
- `1120. Murder by escaped prisoners.'.
SEC. 60013. DEATH PENALTY FOR GUN MURDERS DURING FEDERAL CRIMES OF VIOLENCE AND DRUG TRAFFICKING CRIMES.
- Section 924 of title 18, United States Code, is amended by adding at the end the following new subsection:
- `(i) A person who, in the course of a violation of subsection
(c), causes the death of a person through the use of a firearm, shall--
- `(1) if the killing is a murder (as defined in section
1111), be punished by death or by imprisonment for any term of years or
for life; and
- `(2) if the killing is manslaughter (as defined in section 1112), be punished as provided in that section.'.
SEC. 60014. HOMICIDES AND ATTEMPTED HOMICIDES INVOLVING FIREARMS IN FEDERAL FACILITIES.
- Section 930 of title 18, United States Code, is amended--
- (1) by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g), respectively;
- (2) in subsection (a) by striking `(c)' and inserting `(d)'; and
- (3) by inserting after subsection (b) the following new subsection:
- `(c) A person who kills or attempts to kill any person in the
course of a violation of subsection (a) or (b), or in the course of an
attack on a Federal facility involving the use of a firearm or other
dangerous weapon, shall be punished as provided in sections 1111, 1112,
and 1113.'.
SEC. 60015. DEATH PENALTY FOR THE MURDER OF STATE OR LOCAL OFFICIALS ASSISTING FEDERAL LAW ENFORCEMENT OFFICIALS AND STATE CORRECTIONAL OFFICERS.
- (a) IN GENERAL- Chapter 51 of title 18, United States Code, as
amended by section 60012(a), is amended by adding at the end the
following new section:
`Sec. 1121. Killing persons aiding Federal investigations or State correctional officers
- `(a) Whoever intentionally kills--
- `(1) a State or local official, law enforcement officer,
or other officer or employee while working with Federal law enforcement
officials in furtherance of a Federal criminal investigation--
- `(A) while the victim is engaged in the performance of official duties;
- `(B) because of the performance of the victim's official duties; or
- `(C) because of the victim's status as a public servant; or
- `(2) any person assisting a Federal criminal investigation, while that assistance is being rendered and because of it,
- shall be sentenced according to the terms of section 1111, including by sentence of death or by imprisonment for life.
- `(b)(1) Whoever, in a circumstance described in paragraph (3)
of this subsection, while incarcerated, intentionally kills any State
correctional officer engaged in, or on account of the performance of
such officer's official duties, shall be sentenced to a term of
imprisonment which shall not be less than 20 years, and may be sentenced
to life imprisonment or death.
- `(2) As used in this section, the term, `State correctional
officer' includes any officer or employee of any prison, jail, or other
detention facility, operated by, or under contract to, either a State or
local governmental agency, whose job responsibilities include providing
for the custody of incarcerated individuals.
- `(3) The circumstance referred to in paragraph (1) is that--
- `(A) the correctional officer is engaged in transporting the incarcerated person interstate; or
- `(B) the incarcerated person is incarcerated pursuant to a conviction for an offense against the United States.'.
- (b) TECHNICAL AMENDMENT- The chapter analysis for chapter 51
of title 18, United States Code, as amended by section 60012(b), is
amended by adding at the end the following new item:
- `1121. Killing persons aiding Federal investigations or State correctional officers.'.
SEC. 60016. PROTECTION OF COURT OFFICERS AND JURORS.
- Section 1503 of title 18, United States Code, is amended--
- (1) by inserting `(a)' before `Whoever';
- (2) by striking `fined not more than $5,000 or imprisoned
not more than five years, or both.' and inserting `punished as provided
in subsection (b).';
- (3) by adding at the end the following new subsection:
- `(b) The punishment for an offense under this section is--
- `(1) in the case of a killing, the punishment provided in sections 1111 and 1112;
- `(2) in the case of an attempted killing, or a case in
which the offense was committed against a petit juror and in which a
class A or B felony was charged, imprisonment for not more than 20
years, a fine under this title, or both; and
- `(3) in any other case, imprisonment for not more than 10 years, a fine under this title, or both.'; and
- (4) in subsection (a), as designated by paragraph (1), by
striking `commissioner' each place it appears and inserting `magistrate
judge'.
SEC. 60017. PROHIBITION OF RETALIATORY KILLINGS OF WITNESSES, VICTIMS, AND INFORMANTS.
- Section 1513 of title 18, United States Code, is amended--
- (1) by redesignating subsections (a) and (b) as subsections (b) and (c), respectively; and
- (2) by inserting after the section heading the following new subsection:
- `(a)(1) Whoever kills or attempts to kill another person with intent to retaliate against any person for--
- `(A) the attendance of a witness or party at an official
proceeding, or any testimony given or any record, document, or other
object produced by a witness in an official proceeding; or
- `(B) providing to a law enforcement officer any
information relating to the commission or possible commission of a
Federal offense or a violation of conditions of probation, parole, or
release pending judicial proceedings,
- shall be punished as provided in paragraph (2).
- `(2) The punishment for an offense under this subsection is--
- `(A) in the case of a killing, the punishment provided in sections 1111 and 1112; and
- `(B) in the case of an attempt, imprisonment for not more than 20 years.'.
SEC. 60018. DEATH PENALTY FOR MURDER OF FEDERAL WITNESSES.
- Section 1512(a)(2)(A) of title 18, United States Code, is amended to read as follows:
- `(A) in the case of murder (as defined in section 1111),
the death penalty or imprisonment for life, and in the case of any other
killing, the punishment provided in section 1112;'.
SEC. 60019. OFFENSES OF VIOLENCE AGAINST MARITIME NAVIGATION OR FIXED PLATFORMS.
- (a) IN GENERAL- Chapter 111 of title 18, United States Code, is amended by adding at the end the following new sections:
`Sec. 2280. Violence against maritime navigation
- `(a) OFFENSES-
- `(1) IN GENERAL- A person who unlawfully and intentionally--
- `(A) seizes or exercises control over a ship by force or threat thereof or any other form of intimidation;
- `(B) performs an act of violence against a person on
board a ship if that act is likely to endanger the safe navigation of
that ship;
- `(C) destroys a ship or causes damage to a ship or to its cargo which is likely to endanger the safe navigation of that ship;
- `(D) places or causes to be placed on a ship, by any
means whatsoever, a device or substance which is likely to destroy that
ship, or cause damage to that ship or its cargo which endangers or is
likely to endanger the safe navigation of that ship;
- `(E) destroys or seriously damages maritime
navigational facilities or seriously interferes with their operation, if
such act is likely to endanger the safe navigation of a ship;
- `(F) communicates information, knowing the information
to be false and under circumstances in which such information may
reasonably be believed, thereby endangering the safe navigation of a
ship;
- `(G) injures or kills any person in connection with
the commission or the attempted commission of any of the offenses set
forth in subparagraphs (A) through (F); or
- `(H) attempts to do any act prohibited under subparagraphs (A) through (G),
- shall be fined under this title, imprisoned not more than 20
years, or both; and if the death of any person results from conduct
prohibited by this paragraph, shall be punished by death or imprisoned
for any term of years or for life.
- `(2) THREAT TO NAVIGATION- A person who threatens to do
any act prohibited under paragraph (1) (B), (C) or (E), with apparent
determination and will to carry the threat into execution, if the
threatened act is likely to endanger the safe navigation of the ship in
question, shall be fined under this title, imprisoned not more than 5
years, or both.
- `(b) JURISDICTION- There is jurisdiction over the activity prohibited in subsection (a)--
- `(1) in the case of a covered ship, if--
- `(A) such activity is committed--
- `(i) against or on board a ship flying the flag of the United States at the time the prohibited activity is committed;
- `(ii) in the United States and the activity is not prohibited as a crime by the State in which the activity takes place; or
- `(iii) the activity takes place on a ship flying
the flag of a foreign country or outside the United States, by a
national of the United States or by a stateless person whose habitual
residence is in the United States;
- `(B) during the commission of such activity, a national of the United States is seized, threatened, injured or killed; or
- `(C) the offender is later found in the United States after such activity is committed;
- `(2) in the case of a ship navigating or scheduled to
navigate solely within the territorial sea or internal waters of a
country other than the United States, if the offender is later found in
the United States after such activity is committed; and
- `(3) in the case of any vessel, if such activity is
committed in an attempt to compel the United States to do or abstain
from doing any act.
- `(c) BAR TO PROSECUTION- It is a bar to Federal prosecution
under subsection (a) for conduct that occurred within the United States
that the conduct involved was during or in relation to a labor dispute,
and such conduct is prohibited as a felony under the law of the State in
which it was committed. For purposes of this section, the term `labor
dispute' has the meaning set forth in section 2(c) of the
Norris-LaGuardia Act, as amended (29 U.S.C. 113(c)).
- `(d) DELIVERY OF SUSPECTED OFFENDER- The master of a covered
ship flying the flag of the United States who has reasonable grounds to
believe that there is on board that ship any person who has committed an
offense under Article 3 of the Convention for the Suppression of
Unlawful Acts Against the Safety of Maritime Navigation may deliver such
person to the authorities of a State Party to that Convention. Before
delivering such person to the authorities of another country, the master
shall notify in an appropriate manner the Attorney General of the
United States of the alleged offense and await instructions from the
Attorney General as to what action to take. When delivering the person
to a country which is a State Party to the Convention, the master shall,
whenever practicable, and if possible before entering the territorial
sea of such country, notify the authorities of such country of the
master's intention to deliver such person and the reasons therefor. If
the master delivers such person, the master shall furnish to the
authorities of such country the evidence in the master's possession that
pertains to the alleged offense.
- `(e) DEFINITIONS- In this section--
- `covered ship' means a ship that is navigating or is
scheduled to navigate into, through or from waters beyond the outer
limit of the territorial sea of a single country or a lateral limit of
that country's territorial sea with an adjacent country.
- `national of the United States' has the meaning stated in
section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)).
- `territorial sea of the United States' means all waters
extending seaward to 12 nautical miles from the baselines of the United
States determined in accordance with international law.
- `ship' means a vessel of any type whatsoever not
permanently attached to the sea-bed, including dynamically supported
craft, submersibles or any other floating craft, but does not include a
warship, a ship owned or operated by a government when being used as a
naval auxiliary or for customs or police purposes, or a ship which has
been withdrawn from navigation or laid up.
- `United States', when used in a geographical sense,
includes the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands and all territories and possessions of the
United States.
`Sec. 2281. Violence against maritime fixed platforms
- `(a) OFFENSES-
- `(1) IN GENERAL- A person who unlawfully and intentionally--
- `(A) seizes or exercises control over a fixed platform by force or threat thereof or any other form of intimidation;
- `(B) performs an act of violence against a person on board a fixed platform if that act is likely to endanger its safety;
- `(C) destroys a fixed platform or causes damage to it which is likely to endanger its safety;
- `(D) places or causes to be placed on a fixed
platform, by any means whatsoever, a device or substance which is likely
to destroy that fixed platform or likely to endanger its safety;
- `(E) injures or kills any person in connection with
the commission or the attempted commission of any of the offenses set
forth in subparagraphs (A) through (D); or
- `(F) attempts to do anything prohibited under subparagraphs (A) through (E),
- shall be fined under this title, imprisoned not more than 20
years, or both; and if death results to any person from conduct
prohibited by this paragraph, shall be punished by death or imprisoned
for any term of years or for life.
- `(2) THREAT TO SAFETY- A person who threatens to do
anything prohibited under paragraph (1) (B) or (C), with apparent
determination and will to carry the threat into execution, if the
threatened act is likely to endanger the safety of the fixed platform,
shall be fined under this title, imprisoned not more than 5 years, or
both.
- `(b) JURISDICTION- There is jurisdiction over the activity prohibited in subsection (a) if--
- `(1) such activity is committed against or on board a fixed platform--
- `(A) that is located on the continental shelf of the United States;
- `(B) that is located on the continental shelf of
another country, by a national of the United States or by a stateless
person whose habitual residence is in the United States; or
- `(C) in an attempt to compel the United States to do or abstain from doing any act;
- `(2) during the commission of such activity against or on
board a fixed platform located on a continental shelf, a national of the
United States is seized, threatened, injured or killed; or
- `(3) such activity is committed against or on board a
fixed platform located outside the United States and beyond the
continental shelf of the United States and the offender is later found
in the United States.
- `(c) BAR TO PROSECUTION- It is a bar to Federal prosecution
under subsection (a) for conduct that occurred within the United States
that the conduct involved was during or in relation to a labor dispute,
and such conduct is prohibited as a felony under the law of the State in
which it was committed. For purposes of this section, the term `labor
dispute' has the meaning set forth in section 2(c) of the
Norris-LaGuardia Act, as amended (29 U.S.C. 113(c)).
- `(d) DEFINITIONS- In this section--
- `continental shelf' means the sea-bed and subsoil of the
submarine areas that extend beyond a country's territorial sea to the
limits provided by customary international law as reflected in Article
76 of the 1982 Convention on the Law of the Sea.
- `fixed platform' means an artificial island, installation
or structure permanently attached to the sea-bed for the purpose of
exploration or exploitation of resources or for other economic purposes.
- `national of the United States' has the meaning stated in
section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)).
- `territorial sea of the United States' means all waters
extending seaward to 12 nautical miles from the baselines of the United
States determined in accordance with international law.
- `United States', when used in a geographical sense,
includes the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands and all territories and possessions of the
United States.'.
- (b) TECHNICAL AMENDMENT- The chapter analysis for chapter 111
of title 18, United States Code, is amended by adding at the end the
following new items:
- `2280. Violence against maritime navigation.
- `2281. Violence against maritime fixed platforms.'.
- (c) EFFECTIVE DATES- This section and the amendments made by this section shall take effect on the later of--
- (1) the date of the enactment of this Act; or
- (2)(A) in the case of section 2280 of title 18, United
States Code, the date the Convention for the Suppression of Unlawful
Acts Against the Safety of Maritime Navigation has come into force and
the United States has become a party to that Convention; and
- (B) in the case of section 2281 of title 18, United States
Code, the date the Protocol for the Suppression of Unlawful Acts
Against the Safety of Fixed Platforms Located on the Continental Shelf
has come into force and the United States has become a party to that
Protocol.
SEC. 60020. TORTURE.
- Section 2340A(a) of title 18, United States Code, is amended
by inserting `punished by death or' before `imprisoned for any term of
years or for life.'.
SEC. 60021. VIOLENCE AT AIRPORTS SERVING INTERNATIONAL CIVIL AVIATION.
- (a) OFFENSE- Chapter 2 of title 18, United States Code, as
amended by section 60008(b), is amended by adding at the end the
following new section:
`Sec. 37. Violence at international airports
- `(a) OFFENSE- A person who unlawfully and intentionally, using any device, substance, or weapon--
- `(1) performs an act of violence against a person at an
airport serving international civil aviation that causes or is likely to
cause serious bodily injury (as defined in section 1365 of this title)
or death; or
- `(2) destroys or seriously damages the facilities of an
airport serving international civil aviation or a civil aircraft not in
service located thereon or disrupts the services of the airport,
- if such an act endangers or is likely to endanger safety at that
airport, or attempts to do such an act, shall be fined under this
title, imprisoned not more than 20 years, or both; and if the death of
any person results from conduct prohibited by this subsection, shall be
punished by death or imprisoned for any term of years or for life.
- `(b) JURISDICTION- There is jurisdiction over the prohibited activity in subsection (a) if--
- `(1) the prohibited activity takes place in the United States; or
- `(2) the prohibited activity takes place outside the United States and the offender is later found in the United States.
- `(c) It is a bar to Federal 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:
`Sec. 2332a. Use of weapons of mass destruction
- `(a) OFFENSE- A person who uses, or attempts or conspires to use, a weapon of mass destruction--
- `(1) against a national of the United States while such national is outside of the United States;
- `(2) against any person within the United States; or
- `(3) against any property that is owned, leased or used by
the United States or by any department or agency of the United States,
whether the property is within or outside of the United States,
- shall be imprisoned for any term of years or for life, and if
death results, shall be punished by death or imprisoned for any term of
years or for life.
- `(b) DEFINITIONS- For purposes of this section--
- `(1) the term `national of the United States' has the
meaning given in section 101(a)(22) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(22)); and
- `(2) the term `weapon of mass destruction' means--
- `(A) any destructive device as defined in section 921 of this title;
- `(B) poison gas;
- `(C) any weapon involving a disease organism; or
- `(D) any weapon that is designed to release radiation or radioactivity at a level dangerous to human life.'.
- (b) TECHNICAL AMENDMENT- The chapter analysis for chapter 113A
of title 18, United States Code, is amended by inserting after the item
relating to section 2332 the following:
- `2332a. Use of weapons of mass destruction.'.
SEC. 60024. ENHANCED PENALTIES FOR ALIEN SMUGGLING.
- Section 274(a) of the Immigration and Nationality Act (8 U.S.C. 1324(a)) is amended--
- (1) in paragraph (1)--
- (A) by striking `(1) Any person' and inserting `(1)(A) Any person';
- (B) by striking `(A) knowing' and inserting `(i) knowing';
- (C) by striking `(B) knowing' and inserting `(ii) knowing';
- (D) by striking `(C) knowing' and inserting `(iii) knowing';
- (E) by striking `(D) encourages' and inserting `(iv) encourages';
- (F) by striking `shall be fined in accordance with
title 18, or imprisoned not more than five years, or both, for each
alien in respect to whom any violation of this paragraph occurs' and
inserting `shall be punished as provided in subparagraph (B)'; and
- (G) by adding at the end the following new subparagraph:
- `(B) A person who violates subparagraph (A) shall, for each alien in respect to whom such a violation occurs--
- `(i) in the case of a violation of subparagraph (A)(i), be
fined under title 18, United States Code, imprisoned not more than 10
years, or both;
- `(ii) in the case of a violation of subparagraph (A) (ii),
(iii), or (iv), be fined under title 18, United States Code, imprisoned
not more than 5 years, or both;
- `(iii) in the case of a violation of subparagraph (A) (i),
(ii), (iii), or (iv) during and in relation to which the person causes
serious bodily injury (as defined in section 1365 of title 18, United
States Code) to, or places in jeopardy the life of, any person, be fined
under title 18, United States Code, imprisoned not more than 20 years,
or both; and
- `(iv) in the case of a violation of subparagraph (A) (i),
(ii), (iii), or (iv) resulting in the death of any person, be punished
by death or imprisoned for any term of years or for life, fined under
title 18, United States Code, or both.'; and
- (2) in paragraph (2) by striking `or imprisoned not more
than five years, or both' and inserting `or in the case of a violation
of subparagraph (B)(ii), imprisoned not more than 10 years, or both; or
in the case of a violation of subparagraph (B)(i) or (B)(iii),
imprisoned not more than 5 years, or both.'.
SEC. 60025. PROTECTION OF JURORS AND WITNESSES IN CAPITAL CASES.
- Section 3432 of title 18, United States Code, is amended by
inserting before the period the following: `, except that such list of
the veniremen and witnesses need not be furnished if the court finds by a
preponderance of the evidence that providing the list may jeopardize
the life or safety of any person'.
SEC. 60026. APPOINTMENT OF COUNSEL.
- Section 3005 of title 18, United States Code, is amended by
striking `learned in the law' and all that follows through `He shall'
and inserting `; and the court before which the defendant is to be
tried, or a judge thereof, shall promptly, upon the defendant's request,
assign 2 such counsel, of whom at least 1 shall be learned in the law
applicable to capital cases, and who shall have free access to the
accused at all reasonable hours. In assigning counsel under this
section, the court shall consider the recommendation of the Federal
Public Defender organization, or, if no such organization exists in the
district, of the Administrative Office of the United States Courts. The
defendant shall'.
TITLE VII--MANDATORY LIFE IMPRISONMENT FOR PERSONS CONVICTED OF CERTAIN FELONIES
SEC. 70001. MANDATORY LIFE IMPRISONMENT FOR PERSONS CONVICTED OF CERTAIN FELONIES.
- Section 3559 of title 18, United States Code, is amended--
- (1) in subsection (b), by striking `An' and inserting `Except as provided in subsection (c), an' in lieu thereof; and
- (2) by adding the following new subsection at the end:
- `(c) Imprisonment of Certain Violent Felons-
- `(1) MANDATORY LIFE IMPRISONMENT- Notwithstanding any
other provision of law, a person who is convicted in a court of the
United States of a serious violent felony shall be sentenced to life
imprisonment if--
- `(A) the person has been convicted (and those
convictions have become final) on separate prior occasions in a court of
the United States or of a State of--
- `(i) 2 or more serious violent felonies; or
- `(ii) one or more serious violent felonies and one or more serious drug offenses; and
- `(B) each serious violent felony or serious drug
offense used as a basis for sentencing under this subsection, other than
the first, was committed after the defendant's conviction of the
preceding serious violent felony or serious drug offense.
- `(2) DEFINITIONS- For purposes of this subsection--
- `(A) the term `assault with intent to commit rape'
means an offense that has as its elements engaging in physical contact
with another person or using or brandishing a weapon against another
person with intent to commit aggravated sexual abuse or sexual abuse (as
described in sections 2241 and 2242);
- `(B) the term `arson' means an offense that has as its
elements maliciously damaging or destroying any building, inhabited
structure, vehicle, vessel, or real property by means of fire or an
explosive;
- `(C) the term `extortion' means an offense that has as
its elements the extraction of anything of value from another person by
threatening or placing that person in fear of injury to any person or
kidnapping of any person;
- `(D) the term `firearms use' means an offense that has
as its elements those described in section 924(c) or 929(a), if the
firearm was brandished, discharged, or otherwise used as a weapon and
the crime of violence or drug trafficking crime during and relation to
which the firearm was used was subject to prosecution in a court of the
United States or a court of a State, or both;
- `(E) the term `kidnapping' means an offense that has
as its elements the abduction, restraining, confining, or carrying away
of another person by force or threat of force;
- `(F) the term `serious violent felony' means--
- `(i) a Federal or State offense, by whatever
designation and wherever committed, consisting of murder (as described
in section 1111); manslaughter other than involuntary manslaughter (as
described in section 1112); assault with intent to commit murder (as
described in section 113(a)); assault with intent to commit rape;
aggravated sexual abuse and sexual abuse (as described in sections 2241
and 2242); abusive sexual contact (as described in sections 2244 (a)(1)
and (a)(2)); kidnapping; aircraft piracy (as described in section 46502
of Title 49); robbery (as described in section 2111, 2113, or 2118);
carjacking (as described in section 2119); extortion; arson; firearms
use; or attempt, conspiracy, or solicitation to commit any of the above
offenses; and
- `(ii) any other offense punishable by a maximum
term of imprisonment of 10 years or more that has as an element the use,
attempted use, or threatened use of physical force against the person
of another or that, by its nature, involves a substantial risk that
physical force against the person of another may be used in the course
of committing the offense;
- `(G) the term `State' means a State of the United
States, the District of Columbia, and a commonwealth, territory, or
possession of the United States; and
- `(H) the term `serious drug offense' means--
- `(i) an offense that is punishable under section
401(b)(1)(A) or 408 of the Controlled Substances Act (21 U.S.C.
841(b)(1)(A), 848) or section 1010(b)(1)(A) of the Controlled Substances
Import and Export Act (21 U.S.C. 960(b)(1)(A)); or
- `(ii) an offense under State law that, had the
offense been prosecuted in a court of the United States, would have been
punishable under section 401(b)(1)(A) or 408 of the Controlled
Substances Act (21 U.S.C. 841(b)(1)(A), 848) or section 1010(b)(1)(A) of
the Controlled Substances Import and Export Act (21 U.S.C.
960(b)(1)(A)).
- `(3) NONQUALIFYING FELONIES-
- `(A) ROBBERY IN CERTAIN CASES- Robbery, an attempt,
conspiracy, or solicitation to commit robbery; or an offense described
in paragraph (2)(F)(ii) shall not serve as a basis for sentencing under
this subsection if the defendant establishes by clear and convincing
evidence that--
- `(i) no firearm or other dangerous weapon was used
in the offense and no threat of use of a firearm or other dangerous
weapon was involved in the offense; and
- `(ii) the offense did not result in death or serious bodily injury (as defined in section 1365) to any person.
- `(B) ARSON IN CERTAIN CASES- Arson shall not serve as a
basis for sentencing under this subsection if the defendant establishes
by clear and convincing evidence that--
- `(i) the offense posed no threat to human life; and
- `(ii) the defendant reasonably believed the offense posed no threat to human life.
- `(4) INFORMATION FILED BY UNITED STATES ATTORNEY- The
provisions of section 411(a) of the Controlled Substances Act (21 U.S.C.
851(a)) shall apply to the imposition of sentence under this
subsection.
- `(5) RULE OF CONSTRUCTION- This subsection shall not be construed to preclude imposition of the death penalty.
- `(6) SPECIAL PROVISION FOR INDIAN COUNTRY- No person
subject to the criminal jurisdiction of an Indian tribal government
shall be subject to this subsection for any offense for which Federal
jurisdiction is solely predicated on Indian country (as defined in
section 1151) and which occurs within the boundaries of such Indian
country unless the governing body of the tribe has elected that this
subsection have effect over land and persons subject to the criminal
jurisdiction of the tribe.
- `(7) RESENTENCING UPON OVERTURNING OF PRIOR CONVICTION- If
the conviction for a serious violent felony or serious drug offense
that was a basis for sentencing under this subsection is found, pursuant
to any appropriate State or Federal procedure, to be unconstitutional
or is vitiated on the explicit basis of innocence, or if the convicted
person is pardoned on the explicit basis of innocence, the person
serving a sentence imposed under this subsection shall be resentenced to
any sentence that was available at the time of the original
sentencing.'.
SEC. 70002. LIMITED GRANT OF AUTHORITY TO BUREAU OF PRISONS.
- Section 3582(c)(1)(A) of title 18, United States Code, is amended--
- (1) so that the margin of the matter starting with
`extraordinary' and ending with `reduction' the first place it appears
is indented an additional two ems;
- (2) by inserting a one-em dash after `that' the second place it appears;
- (3) by inserting a semicolon after `reduction' the first place it appears;
- (4) by indenting the first line of the matter referred to in paragraph (1) and designating that matter as clause (i); and
- (5) by inserting after such matter the following:
- `(ii) the defendant is at least 70 years of age,
has served at least 30 years in prison, pursuant to a sentence imposed
under section 3559(c), for the offense or offenses for which the
defendant is currently imprisoned, and a determination has been made by
the Director of the Bureau of Prisons that the defendant is not a danger
to the safety of any other person or the community, as provided under
section 3142(g);'.
TITLE VIII--APPLICABILITY OF MANDATORY MINIMUM PENALTIES IN CERTAIN CASES
SEC. 80001. LIMITATION ON APPLICABILITY OF MANDATORY MINIMUM PENALTIES IN CERTAIN CASES.
- (a) IN GENERAL- Section 3553 of title 18, United States Code, is amended by adding at the end the following new subsection:
- `(f) LIMITATION ON APPLICABILITY OF STATUTORY MINIMUMS IN
CERTAIN CASES- Notwithstanding any other provision of law, in the case
of an offense under section 401, 404, or 406 of the Controlled
Substances Act (21 U.S.C. 841, 844, 846) or section 1010 or 1013 of the
Controlled Substances Import and Export Act (21 U.S.C. 961, 963), the
court shall impose a sentence pursuant to guidelines promulgated by the
United States Sentencing Commission under section 994 of title 28
without regard to any statutory minimum sentence, if the court finds at
sentencing, after the Government has been afforded the opportunity to
make a recommendation, that--
- `(1) the defendant does not have more than 1 criminal history point, as determined under the sentencing guidelines;
- `(2) the defendant did not use violence or credible
threats of violence or possess a firearm or other dangerous weapon (or
induce another participant to do so) in connection with the offense;
- `(3) the offense did not result in death or serious bodily injury to any person;
- `(4) the defendant was not an organizer, leader, manager,
or supervisor of others in the offense, as determined under the
sentencing guidelines and was not engaged in a continuing criminal
enterprise, as defined in 21 U.S.C. 848; and
- `(5) not later than the time of the sentencing hearing,
the defendant has truthfully provided to the Government all information
and evidence the defendant has concerning the offense or offenses that
were part of the same course of conduct or of a common scheme or plan,
but the fact that the defendant has no relevant or useful other
information to provide or that the Government is already aware of the
information shall not preclude a determination by the court that the
defendant has complied with this requirement.
- (b) SENTENCING COMMISSION AUTHORITY-
- (1) IN GENERAL- (A) The United States Sentencing
Commission (referred to in this subsection as the `Commission'), under
section 994(a)(1) and (p) of title 28--
- (i) shall promulgate guidelines, or amendments to
guidelines, to carry out the purposes of this section and the amendment
made by this section; and
- (ii) may promulgate policy statements, or amendments
to policy statements, to assist in the application of this section and
that amendment.
- (B) In the case of a defendant for whom the statutorily
required minimum sentence is 5 years, such guidelines and amendments to
guidelines issued under subparagraph (A) shall call for a guideline
range in which the lowest term of imprisonment is at least 24 months.
- (2) PROCEDURES- If the Commission determines that it is
necessary to do so in order that the amendments made under paragraph (1)
may take effect on the effective date of the amendment made by
subsection (a), the Commission may promulgate the amendments made under
paragraph (1) in accordance with the procedures set forth in section
21(a) of the Sentencing Act of 1987, as though the authority under that
section had not expired.
- (c) EFFECTIVE DATE AND APPLICATION- The amendment made by
subsection (a) shall apply to all sentences imposed on or after the 10th
day beginning after the date of enactment of this Act.
TITLE IX--DRUG CONTROL
Subtitle A--Enhanced Penalties and General Provisions
SEC. 90101. ENHANCEMENT OF PENALTIES FOR DRUG TRAFFICKING IN PRISONS.
- Section 1791 of title 18, United States Code, is amended--
- (1) in subsection (c), by inserting before `Any' the
following new sentence: `Any punishment imposed under subsection (b) for
a violation of this section involving a controlled substance shall be
consecutive to any other sentence imposed by any court for an offense
involving such a controlled substance.';
- (2) in subsection (d)(1)(A), by inserting after `a firearm
or destructive device' the following: `or a controlled substance in
schedule I or II, other than marijuana or a controlled substance
referred to in subparagraph (C) of this subsection';
- (3) in subsection (d)(1)(B), by inserting before
`ammunition,' the following: `marijuana or a controlled substance in
schedule III, other than a controlled substance referred to in
subparagraph (C) of this subsection,';
- (4) in subsection (d)(1)(C), by inserting
`methamphetamine, its salts, isomers, and salts of its isomers,' after
`a narcotic drug,';
- (5) in subsection (d)(1)(D), by inserting `(A), (B), or' before `(C)'; and
- (6) in subsection (b), by striking `(c)' each place it appears and inserting `(d)'.
SEC. 90102. INCREASED PENALTIES FOR DRUG-DEALING IN `DRUG-FREE' ZONES.
- Pursuant to its authority under section 994 of title 28,
United States Code, the United States Sentencing Commission shall amend
its sentencing guidelines to provide an appropriate enhancement for a
defendant convicted of violating section 419 of the Controlled
Substances Act (21 U.S.C. 860).
SEC. 90103. ENHANCED PENALTIES FOR ILLEGAL DRUG USE IN FEDERAL PRISONS AND FOR SMUGGLING DRUGS INTO FEDERAL PRISONS.
- (a) DECLARATION OF POLICY- It is the policy of the Federal
Government that the use or distribution of illegal drugs in the Nation's
Federal prisons will not be tolerated and that such crimes shall be
prosecuted to the fullest extent of the law.
- (b) SENTENCING GUIDELINES- Pursuant to its authority under
section 994 of title 28, United States Code, the United States
Sentencing Commission shall amend its sentencing guidelines to
appropriately enhance the penalty for a person convicted of an offense--
- (1) under section 404 of the Controlled Substances Act
involving simple possession of a controlled substance within a Federal
prison or other Federal detention facility; or
- (2) under section 401(b) of the Controlled Substances Act
involving the smuggling of a controlled substance into a Federal prison
or other Federal detention facility or the distribution or intended
distribution of a controlled substance within a Federal prison or other
Federal detention facility.
- (c) NO PROBATION- Notwithstanding any other law, the court
shall not sentence a person convicted of an offense described in
subsection (b) to probation.
SEC. 90104. CLARIFICATION OF NARCOTIC OR OTHER DANGEROUS DRUGS UNDER RICO.
- Section 1961(1) of title 18, United States Code, is amended by
striking `narcotic or other dangerous drugs' each place it appears and
inserting `a controlled substance or listed chemical (as defined in
section 102 of the Controlled Substances Act)'.
SEC. 90105. CONFORMING AMENDMENTS TO RECIDIVIST PENALTY PROVISIONS OF THE CONTROLLED SUBSTANCES ACT AND THE CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT.
- (a) Sections 401(b)(1) (B), (C), and (D) of the Controlled
Substances Act (21 U.S.C. 841(b)(1) (B), (C), and (D)) and sections
1010(b) (1), (2), and (3) of the Controlled Substances Import and Export
Act (21 U.S.C. 960(b) (1), (2), and (3)) are each amended in the
sentence or sentences beginning `If any person commits' by striking `one
or more prior convictions' through `have become final' and inserting `a
prior conviction for a felony drug offense has become final'.
- (b) Section 1012(b) of the Controlled Substances Import and
Export Act (21 U.S.C. 962(b)) is amended by striking `one or more prior
convictions of him for a felony under any provision of this title or
title II or other law of a State, the United States, or a foreign
country relating to narcotic drugs, marihuana, or depressant or
stimulant drugs, have become final' and inserting `one or more prior
convictions of such person for a felony drug offense have become final'.
- (c) Section 401(b)(1)(A) of the Controlled Substances Act (21
U.S.C. 841(b)(1)(A)) is amended by striking the sentence beginning `For
purposes of this subparagraph, the term `felony drug offense' means'.
- (d) Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended by adding at the end the following new paragraph:
- `(43) The term `felony drug offense' means an offense that is
punishable by imprisonment for more than one year under any law of the
United States or of a State or foreign country that prohibits or
restricts conduct relating to narcotic drugs, marihuana, or depressant
or stimulant substances.'.
SEC. 90106. ADVERTISING.
- Section 403 of the Controlled Substances Act (21 U.S.C. 843) is amended--
- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and
- (2) by inserting after subsection (b) the following new subsection:
- `(c) It shall be unlawful for any person to place in any
newspaper, magazine, handbill, or other publications, any written
advertisement knowing that it has the purpose of seeking or offering
illegally to receive, buy, or distribute a Schedule I controlled
substance. As used in this section the term `advertisement' includes, in
addition to its ordinary meaning, such advertisements as those for a
catalog of Schedule I controlled substances and any similar written
advertisement that has the purpose of seeking or offering illegally to
receive, buy, or distribute a Schedule I controlled substance. The term
`advertisement' does not include material which merely advocates the use
of a similar material, which advocates a position or practice, and does
not attempt to propose or facilitate an actual transaction in a
Schedule I controlled substance.'.
SEC. 90107. VIOLENT CRIME AND DRUG EMERGENCY AREAS.
- (a) DEFINITIONS- In this section--
- `major violent crime or drug-related emergency' means an
occasion or instance in which violent crime, drug smuggling, drug
trafficking, or drug abuse violence reaches such levels, as determined
by the President, that Federal assistance is needed to supplement State
and local efforts and capabilities to save lives, and to protect
property and public health and safety.
- `State' means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands, American
Samoa, Guam, and the Northern Mariana Islands.
- (b) DECLARATION OF VIOLENT CRIME AND DRUG EMERGENCY AREAS- If a
major violent crime or drug-related emergency exists throughout a State
or a part of a State, the President may declare the State or part of a
State to be a violent crime or drug emergency area and may take
appropriate actions authorized by this section.
- (c) PROCEDURE-
- (1) IN GENERAL- A request for a declaration designating an
area to be a violent crime or drug emergency area shall be made, in
writing, by the chief executive officer of a State or local government,
respectively (or in the case of the District of Columbia, the mayor),
and shall be forwarded to the Attorney General in such form as the
Attorney General may by regulation require. One or more cities,
counties, States, or the District of Columbia may submit a joint request
for designation as a major violent crime or drug emergency area under
this subsection.
- (2) FINDING- A request made under paragraph (1) shall be
based on a written finding that the major violent crime or drug-related
emergency is of such severity and magnitude that Federal assistance is
necessary to ensure an effective response to save lives and to protect
property and public health and safety.
- (d) IRRELEVANCY OF POPULATION DENSITY- The President shall not
limit declarations made under this section to highly populated centers
of violent crime or drug trafficking, drug smuggling, or drug use, but
shall also consider applications from governments of less populated
areas where the magnitude and severity of such activities is beyond the
capability of the State or local government to respond.
- (e) REQUIREMENTS- As part of a request for a declaration under
this section, and as a prerequisite to Federal violent crime or drug
emergency assistance under this section, the chief executive officer of a
State or local government shall--
- (1) take appropriate action under State or local law and
furnish information on the nature and amount of State and local
resources that have been or will be committed to alleviating the major
violent crime- or drug-related emergency;
- (2) submit a detailed plan outlining that government's
short- and long-term plans to respond to the violent crime or drug
emergency, specifying the types and levels of Federal assistance
requested and including explicit goals (including quantitative goals)
and timetables; and
- (3) specify how Federal assistance provided under this section is intended to achieve those goals.
- (f) REVIEW PERIOD- The Attorney General shall review a request
submitted pursuant to this section, and the President shall decide
whether to declare a violent crime or drug emergency area, within 30
days after receiving the request.
- (g) FEDERAL ASSISTANCE- The President may--
- (1) direct any Federal agency, with or without
reimbursement, to utilize its authorities and the resources granted to
it under Federal law (including personnel, equipment, supplies,
facilities, financial assistance, and managerial, technical, and
advisory services) in support of State and local assistance efforts; and
- (2) provide technical and advisory assistance, including
communications support and law enforcement-related intelligence
information.
- (h) DURATION OF FEDERAL ASSISTANCE-
- (1) IN GENERAL- Federal assistance under this section
shall not be provided to a violent crime or drug emergency area for more
than 1 year.
- (2) EXTENSION- The chief executive officer of a
jurisdiction may apply to the President for an extension of assistance
beyond 1 year. The President may extend the provision of Federal
assistance for not more than an additional 180 days.
- (i) REGULATIONS- Not later than 120 days after the date of
enactment of this Act, the Attorney General shall issue regulations to
implement this section.
- (j) NO EFFECT ON EXISTING AUTHORITY- Nothing in this section
shall diminish or detract from existing authority possessed by the
President or Attorney General.
Subtitle B--National Narcotics Leadership Act Amendments
SEC. 90201. IMPLEMENTATION OF NATIONAL DRUG CONTROL STRATEGY.
- (a) PROGRAM BUDGET- Section 1003(c) of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1502(c)) is amended--
- (1) by redesignating paragraphs (5), (6), and (7), as paragraphs (6), (7), and (8), respectively; and
- (2) by inserting after paragraph (4) the following new paragraph:
- `(5) The Director shall request the head of a department or
agency to include in the department's or agency's budget submission to
the Office of Management and Budget funding requests for specific
initiatives that are consistent with the President's priorities for the
National Drug Control Strategy and certifications made pursuant to
paragraph (3), and the head of the department or agency shall comply
with such a request.'.
- (b) BUDGET RECOMMENDATION- Section 1003(b) of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1502(b)) is amended--
- (1) by striking `and' at the end of paragraph (6);
- (2) by striking the period at the end of paragraph (7) and inserting `; and'; and
- (3) by adding at the end the following new paragraph:
- `(8) provide, by July 1 of each year, budget
recommendations to the heads of departments and agencies with
responsibilities under the National Drug Control Program, which
recommendations shall apply to the second following fiscal year and
address funding priorities developed in the annual National Drug Control
Strategy.'.
- (c) CONTROL OF DRUG-RELATED RESOURCES- Section 1003 of the
National Narcotics Leadership Act of 1988 (21 U.S.C. 1502) is amended--
- (1) in subsection (d)--
- (A) by amending paragraph (2) to read as follows:
- `(2) request the head of a department or agency or program
to place department, agency, or program personnel who are engaged in
drug control activities on temporary detail to another department or
agency in order to implement the National Drug Control Strategy, and the
head of the department or agency shall comply with such a request;
- (B) by striking `and' at the end of paragraph (6);
- (C) by striking the period at the end of paragraph (7) and inserting a semicolon; and
- (D) by adding after paragraph (7) the following new paragraphs:
- `(8) except to the extent that the Director's authority
under this paragraph is limited in an annual appropriations Act,
transfer funds appropriated to a National Drug Control Program agency
account to a different National Drug Control Program agency account in
an amount that does not exceed 2 percent of the amount appropriated to
either account, upon advance approval of the Committees on
Appropriations of each House of Congress; and
- `(9) in order to ensure compliance with the National Drug
Control Program, issue to the head of a National Drug Control Program
agency a funds control notice described in subsection (f).'; and
- (2) by adding at the end the following new subsections:
- `(f) FUNDS CONTROL NOTICES- (1) A funds control notice may
direct that all or part of an amount appropriated to the National Drug
Control Program agency account be obligated by--
- `(A) months, fiscal year quarters, or other time periods; and
- `(B) activities, functions, projects, or object classes.
- `(2) An officer or employee of a National Drug Control Program
agency shall not make or authorize an expenditure or obligation
contrary to a funds control notice issued by the Director.
- `(3) In the case of a violation of paragraph (2) by an officer
or employee of a National Drug Control Program agency, the head of the
agency, upon the request of and in consultation with the Director, may
subject the officer or employee to appropriate administrative
discipline, including, when circumstances warrant, suspension from duty
without pay or removal from office.'.
- (d) CERTIFICATION OF ADEQUACY OF BUDGET REQUEST- Section
1003(c)(3)(B) of the National Narcotics Leadership Act of 1988 (21
U.S.C. 1502(c)(3)(B)) is amended--
- (1) by inserting `in whole or in part' after `adequacy of such request'; and
- (2) by striking the semicolon at the end and inserting
`and, with respect to a request that is not certified as adequate to
implement the objectives of the National Drug Control Strategy, include
in the certification an initiative or funding level that would make the
request adequate;'.
SEC. 90202. OFFICE PERSONNEL RESTRICTION.
- Section 1003 of the National Narcotics Leadership Act of 1988
(21 U.S.C. 1502) is amended by adding at the end the following new
subsection:
- `(f) PROHIBITION ON POLITICAL CAMPAIGNING- A Federal officer
in the Office of National Drug Control Policy who is appointed by the
President, by and with the advice and consent of the Senate, may not
participate in Federal election campaign activities, except that such an
official is not prohibited by this subsection from making contributions
to individual candidates.'.
SEC. 90203. NATIONAL DRUG CONTROL STRATEGY OUTCOME MEASURES.
- Section 1005(a) of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1504(a)) is amended--
- (1) in paragraph (2)(A) by inserting `and the consequences of drug abuse' after `drug abuse'; and
- (2) by amending paragraph (4) to read as follows:
- `(4) The Director shall include with each National Drug
Control Strategy an evaluation of the effectiveness of Federal drug
control during the preceding year. The evaluation shall include an
assessment of Federal drug control efforts, including--
- `(A) assessment of the reduction of drug use,
including estimates of drug prevalence and frequency of use as measured
by national, State, and local surveys of illicit drug use and by other
special studies of--
- `(i) high-risk populations, including school
dropouts, the homeless and transient, arrestees, parolees, and
probationers, and juvenile delinquents; and
- `(ii) drug use in the workplace and the productivity lost by such use;
- `(B) assessment of the reduction of drug availability, as measured by--
- `(i) the quantities of cocaine, heroin, and marijuana available for consumption in the United States;
- `(ii) the amount of cocaine and heroin entering the United States;
- `(iii) the number of hectares of poppy and coca cultivated and destroyed;
- `(iv) the number of metric tons of heroin and cocaine seized;
- `(v) the number of cocaine processing labs destroyed;
- `(vi) changes in the price and purity of heroin and cocaine;
- `(vii) the amount and type of controlled substances diverted from legitimate retail and wholesale sources; and
- `(viii) the effectiveness of Federal technology
programs at improving drug detection capabilities at United States ports
of entry;
- `(C) assessment of the reduction of the consequences of drug use and availability, which shall include estimation of--
- `(i) burdens drug users placed on hospital
emergency rooms in the United States, such as the quantity of
drug-related services provided;
- `(ii) the annual national health care costs of
drug use, including costs associated with people becoming infected with
the human immunodeficiency virus and other communicable diseases as a
result of drug use;
- `(iii) the extent of drug-related crime and criminal activity; and
- `(iv) the contribution of drugs to the underground
economy, as measured by the retail value of drugs sold in the United
States; and
- `(D) determination of the status of drug treatment in the United States, by assessing--
- `(i) public and private treatment capacity within
each State, including information on the number of treatment slots
available in relation to the number actually used, including data on
intravenous drug users and pregnant women;
- `(ii) the extent, within each State, to which treatment is available, on demand, to intravenous drug users and pregnant women;
- `(iii) the number of drug users the Director estimates could benefit from treatment; and
- `(iv) the success of drug treatment programs,
including an assessment of the effectiveness of the mechanisms in place
federally, and within each State, to determine the relative quality of
substance abuse treatment programs, the qualifications of treatment
personnel, and the mechanism by which patients are admitted to the most
appropriate and cost effective treatment setting.
- `(5) The Director shall include with the National Drug
Control Strategy required to be submitted not later than February 1,
1995, and with every second such strategy submitted thereafter--
- `(A) an assessment of the quality of current drug use
measurement instruments and techniques to measure supply reduction and
demand reduction activities;
- `(B) an assessment of the adequacy of the coverage of
existing national drug use measurement instruments and techniques to
measure the casual drug user population and groups at-risk for drug use;
- `(C) an assessment of the actions the Director shall
take to correct any deficiencies and limitations identified pursuant to
subparagraphs (A) and (B); and
- `(D) identification of the specific factors that
restrict the availability of treatment services to those seeking it and
proposed administrative or legislative remedies to make treatment
available to those individuals.
- `(6) Federal agencies responsible for the collection or
estimation of drug-related information required by the Director shall
cooperate with the Director, to the fullest extent possible, to enable
the Director to satisfy the requirements of sections 4 and 5.
- `(7) With each National Drug Control Strategy, the
Director shall report to the President and the Congress on the
Director's assessment of drug use and availability in the United States,
including an estimate of the effectiveness of interdiction, treatment,
prevention, law enforcement, and international programs under the
National Drug Control Strategy in effect in the preceding year in
reducing drug use and availability.'.
SEC. 90204. COUNTER-DRUG TECHNOLOGY ASSESSMENT CENTER.
- (a) DRUG ABUSE ADDICTION AND REHABILITATION CENTER- Section
1003A of the National Narcotics Leadership Act of 1988 (21 U.S.C.
1502a(c)(1)) is amended--
- (1) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively; and
- (2) by inserting after subparagraph (A) the following:
- `(B) in consultation with the National Institute on
Drug Abuse, and through interagency agreements or grants, examine
addiction and rehabilitation research and the application of technology
to expanding the effectiveness or availability of drug treatment;'.
- (b) ASSISTANCE FROM THE ADVANCED RESEARCH PROJECT AGENCY-
Section 1003A of the National Narcotics Leadership Act of 1988 (21
U.S.C. 1502a) is amended by adding at the end the following:
- `(f) ASSISTANCE AND SUPPORT TO OFFICE OF NATIONAL DRUG CONTROL
POLICY- The Director of the Advanced Research Project Agency shall, to
the fullest extent possible, render assistance and support to the Office
of National Drug Control Policy and its Director.'.
- (c) REPEAL AND REDESIGNATION- The National Narcotics Leadership Act of 1988 is amended by--
- (1) repealing section 1008 (21 U.S.C. 1505), as in effect on the date of the enactment of this Act;
- (2) redesignating section 1003A, as amended by subsection (b) of this section, as section 1008; and
- (3) moving such section, as redesignated, so as to follow section 1007.
SEC. 90205. SPECIAL FORFEITURE FUND AMENDMENTS.
- (a) DEPOSITS INTO SPECIAL FORFEITURE FUND- Section 6073 of the
Asset Forfeiture Amendments Act of 1988 (21 U.S.C. 1509) is amended to
read as follows:
- `(b) DEPOSITS- There shall be deposited into the Fund the
amounts specified by section 524(c)(9) of title 28, United States Code,
and section 9307(g) of title 31, United States Code, and any earnings on
the investments authorized by subsection (d).'.
- (b) TRANSFERS FROM DEPARTMENT OF JUSTICE ASSETS FORFEITURE
FUND- Section 524(c)(9) of title 28, United States Code, is amended by
amending subparagraphs (B), (C), and (D) to read as follows:
- `(B) Subject to subparagraphs (C) and (D), at the end
of each of fiscal years 1994, 1995, 1996, and 1997, the Attorney General
shall transfer from the Fund not more than $100,000,000 to the Special
Forfeiture Fund established by section 6073 of the Anti-Drug Abuse Act
of 1988.
- `(C) Transfers under subparagraph (B) may be made only
from the excess unobligated balance and may not exceed one-half of the
excess unobligated balance for any year. In addition, transfers under
subparagraph (B) may be made only to the extent that the sum of the
transfers in a fiscal year and one-half of the unobligated balance at
the beginning of that fiscal year for the Special Forfeiture Fund does
not exceed $100,000,000.
- `(D) For the purpose of determining amounts available
for distribution at year end for any fiscal year, `excess unobligated
balance' means the unobligated balance of the Fund generated by that
fiscal year's operations, less any amounts that are required to be
retained in the Fund to ensure the availability of amounts in the
subsequent fiscal year for purposes authorized under paragraph (1).'.
- (c) TRANSFERS FROM DEPARTMENT OF THE TREASURY FORFEITURE FUND- Section 9703(g) of title 31, United States Code, is amended--
- (1) in paragraph (3)--
- (A) by amending subparagraph (A) to read as follows:
- `(A) Subject to subparagraphs (B) and (C), at the end
of each of fiscal years 1994, 1995, 1996, and 1997, the Secretary shall
transfer from the Fund not more than $100,000,000 to the Special
Forfeiture Fund established by section 6073 of the Anti-Drug Abuse Act
of 1988.'; and
- (B) in subparagraph (B) by adding the following at the
end: `Further, transfers under subparagraph (A) may not exceed one-half
of the excess unobligated balance for a year. In addition, transfers
under subparagraph (A) may be made only to the extent that the sum of
the transfers in a fiscal year and one-half of the unobligated balance
at the beginning of that fiscal year for the Special Forfeiture Fund
does not exceed $100,000,000.'; and
- (2) in subparagraph (4)(A)--
- (A) in clause (i) by striking `(i)'; and
- (B) by striking clause (ii).
- (d) SURPLUS FUNDS- Section 6073 of the Asset Forfeiture Amendments Act of 1988 (21 U.S.C. 1509) is amended--
- (1) by redesignating subsections (c), (d), (e), and (f), as subsections (d), (e), (f), and (g), respectively; and
- (2) by inserting after subsection (b) the following new subsection:
- `(c) SUPER SURPLUS- (1) Any unobligated balance up to
$20,000,000 remaining in the Fund on September 30 of a fiscal year
shall be available to the Director, subject to paragraph (2), to
transfer to, and for obligation and expenditure in connection with drug
control activities of, any Federal agency or State or local entity with
responsibilities under the National Drug Control Strategy.
- `(2) A transfer may be made under paragraph (1) only with the
advance written approval of the Committees on Appropriations of each
House of Congress.'.
SEC. 90206. AUTHORIZATION OF APPROPRIATIONS.
- Section 1011 of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1508) is amended by striking `4' and inserting `8'.
SEC. 90207. ADEQUATE STAFFING OF THE OFFICE OF NATIONAL DRUG CONTROL POLICY.
- Section 1008(d)(1) of the National Narcotics Leadership Act of
1988 (21 U.S.C. 1502(d)(1)) is amended by striking `such' and inserting
`up to 75 and such additional'.
SEC. 90208. TERMINATION OF OFFICE OF NATIONAL DRUG CONTROL POLICY.
- (a) REAUTHORIZATION- Section 1009 of the National Narcotics
Leadership Act of 1988 (21 U.S.C. 1506) is amended by striking `the date
which is 5 years after the date of the enactment of this subtitle' and
inserting `September 30, 1997'.
- (b) CONTINUED EFFECTIVENESS- The National Narcotics Leadership
Act of 1988 (21 U.S.C. 1501 et seq.) shall be considered not to have
been repealed by operation of section 1009 of that Act, but shall remain
in effect as if the amendment made by subsection (a) had been included
in that Act on the date of its enactment.
TITLE X--DRUNK DRIVING PROVISIONS
SEC. 100001. SHORT TITLE.
- This title may be cited as the `Drunk Driving Child Protection Act of 1994'.
SEC. 100002. STATE LAWS APPLIED IN AREAS OF FEDERAL JURISDICTION.
- Section 13(b) of title 18, United States Code, is amended--
- (1) by striking `For purposes' and inserting `(1) Subject to paragraph (2) and for purposes'; and
- (2) by adding at the end the following new paragraph:
- `(2)(A) In addition to any term of imprisonment provided for
operating a motor vehicle under the influence of a drug or alcohol
imposed under the law of a State, territory, possession, or district,
the punishment for such an offense under this section shall include an
additional term of imprisonment of not more than 1 year, or if serious
bodily injury of a minor is caused, not more than 5 years, or if death
of a minor is caused, not more than 10 years, and an additional fine of
not more than $1,000, or both, if--
- `(i) a minor (other than the offender) was present in the motor vehicle when the offense was committed; and
- `(ii) the law of the State, territory, possession, or
district in which the offense occurred does not provide an additional
term of imprisonment under the circumstances described in clause (i).
- `(B) For the purposes of subparagraph (A), the term `minor' means a person less than 18 years of age.'.
SEC. 100003. DRIVING WHILE INTOXICATED PROSECUTION PROGRAM.
- Section 501(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3751) is amended--
- (1) by striking `and' at the end of paragraph (20);
- (2) by striking the period at the end of paragraph (21) and inserting `; and'; and
- (3) by adding at the end the following new paragraph:
- `(22) programs for the prosecution of driving while
intoxicated charges and the enforcement of other laws relating to
alcohol use and the operation of motor vehicles.'.
TITLE XI--FIREARMS
Subtitle A--Assault Weapons
SEC. 110101. SHORT TITLE.
- This subtitle may be cited as the `Public Safety and Recreational Firearms Use Protection Act'.
SEC. 110102. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION OF CERTAIN SEMIAUTOMATIC ASSAULT WEAPONS.
- (a) RESTRICTION- Section 922 of title 18, United States Code, is amended by adding at the end the following new subsection:
- `(v)(1) It shall be unlawful for a person to manufacture, transfer, or possess a semiautomatic assault weapon.
- `(2) Paragraph (1) shall not apply to the possession or
transfer of any semiautomatic assault weapon otherwise lawfully
possessed under Federal law on the date of the enactment of this
subsection.
- `(3) Paragraph (1) shall not apply to--
- `(A) any of the firearms, or replicas or duplicates of the
firearms, specified in Appendix A to this section, as such firearms
were manufactured on October 1, 1993;
- `(B) any firearm that--
- `(i) is manually operated by bolt, pump, lever, or slide action;
- `(ii) has been rendered permanently inoperable; or
- `(iii) is an antique firearm;
- `(C) any semiautomatic rifle that cannot accept a detachable magazine that holds more than 5 rounds of ammunition; or
- `(D) any semiautomatic shotgun that cannot hold more than 5 rounds of ammunition in a fixed or detachable magazine.
- The fact that a firearm is not listed in Appendix A shall not be
construed to mean that paragraph (1) applies to such firearm. No
firearm exempted by this subsection may be deleted from Appendix A so
long as this subsection is in effect.
- `(4) Paragraph (1) shall not apply to--
- `(A) the manufacture for, transfer to, or possession by
the United States or a department or agency of the United States or a
State or a department, agency, or political subdivision of a State, or a
transfer to or possession by a law enforcement officer employed by such
an entity for purposes of law enforcement (whether on or off duty);
- `(B) the transfer to a licensee under title I of the
Atomic Energy Act of 1954 for purposes of establishing and maintaining
an on-site physical protection system and security organization required
by Federal law, or possession by an employee or contractor of such
licensee on-site for such purposes or off-site for purposes of
licensee-authorized training or transportation of nuclear materials;
- `(C) the possession, by an individual who is retired from
service with a law enforcement agency and is not otherwise prohibited
from receiving a firearm, of a semiautomatic assault weapon transferred
to the individual by the agency upon such retirement; or
- `(D) the manufacture, transfer, or possession of a
semiautomatic assault weapon by a licensed manufacturer or licensed
importer for the purposes of testing or experimentation authorized by
the Secretary.'.
- (b) DEFINITION OF SEMIAUTOMATIC ASSAULT WEAPON- Section 921(a)
of title 18, United States Code, is amended by adding at the end the
following new paragraph:
- `(30) The term `semiautomatic assault weapon' means--
- `(A) any of the firearms, or copies or duplicates of the firearms in any caliber, known as--
- `(i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);
- `(ii) Action Arms Israeli Military Industries UZI and Galil;
- `(iii) Beretta Ar70 (SC-70);
- `(iv) Colt AR-15;
- `(v) Fabrique National FN/FAL, FN/LAR, and FNC;
- `(vi) SWD M-10, M-11, M-11/9, and M-12;
- `(vii) Steyr AUG;
- `(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
- `(ix) revolving cylinder shotguns, such as (or similar to) the Street Sweeper and Striker 12;
- `(B) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least 2 of--
- `(i) a folding or telescoping stock;
- `(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;
- `(iii) a bayonet mount;
- `(iv) a flash suppressor or threaded barrel designed to accommodate a flash suppressor; and
- `(v) a grenade launcher;
- `(C) a semiautomatic pistol that has an ability to accept a detachable magazine and has at least 2 of--
- `(i) an ammunition magazine that attaches to the pistol outside of the pistol grip;
- `(ii) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;
- `(iii) a shroud that is attached to, or partially or
completely encircles, the barrel and that permits the shooter to hold
the firearm with the nontrigger hand without being burned;
- `(iv) a manufactured weight of 50 ounces or more when the pistol is unloaded; and
- `(v) a semiautomatic version of an automatic firearm; and
- `(D) a semiautomatic shotgun that has at least 2 of--
- `(i) a folding or telescoping stock;
- `(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;
- `(iii) a fixed magazine capacity in excess of 5 rounds; and
- `(iv) an ability to accept a detachable magazine.'.
- (c) PENALTIES-
- (1) VIOLATION OF SECTION 922(v)- Section 924(a)(1)(B) of
such title is amended by striking `or (q) of section 922' and inserting
`(r), or (v) of section 922'.
- (2) USE OR POSSESSION DURING CRIME OF VIOLENCE OR DRUG
TRAFFICKING CRIME- Section 924(c)(1) of such title is amended in the
first sentence by inserting `, or semiautomatic assault weapon,' after
`short-barreled shotgun,'.
- (d) IDENTIFICATION MARKINGS FOR SEMIAUTOMATIC ASSAULT WEAPONS-
Section 923(i) of such title is amended by adding at the end the
following: `The serial number of any semiautomatic assault weapon
manufactured after the date of the enactment of this sentence shall
clearly show the date on which the weapon was manufactured.'.
SEC. 110103. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES.
- (a) PROHIBITION- Section 922 of title 18, United States Code,
as amended by section 110102(a), is amended by adding at the end the
following new subsection:
- `(w)(1) Except as provided in paragraph (2), it shall be
unlawful for a person to transfer or possess a large capacity ammunition
feeding device.
- `(2) Paragraph (1) shall not apply to the possession or
transfer of any large capacity ammunition feeding device otherwise
lawfully possessed on or before the date of the enactment of this
subsection.
- `(3) This subsection shall not apply to--
- `(A) the manufacture for, transfer to, or possession by
the United States or a department or agency of the United States or a
State or a department, agency, or political subdivision of a State, or a
transfer to or possession by a law enforcement officer employed by such
an entity for purposes of law enforcement (whether on or off duty);
- `(B) the transfer to a licensee under title I of the
Atomic Energy Act of 1954 for purposes of establishing and maintaining
an on-site physical protection system and security organization required
by Federal law, or possession by an employee or contractor of such
licensee on-site for such purposes or off-site for purposes of
licensee-authorized training or transportation of nuclear materials;
- `(C) the possession, by an individual who is retired from
service with a law enforcement agency and is not otherwise prohibited
from receiving ammunition, of a large capacity ammunition feeding device
transferred to the individual by the agency upon such retirement; or
- `(D) the manufacture, transfer, or possession of any large
capacity ammunition feeding device by a licensed manufacturer or
licensed importer for the purposes of testing or experimentation
authorized by the Secretary.'.
- `(4) If a person charged with violating paragraph (1) asserts
that paragraph (1) does not apply to such person because of paragraph
(2) or (3), the Government shall have the burden of proof to show that
such paragraph (1) applies to such person. The lack of a serial number
as described in section 923(i) of title 18, United States Code, shall be
a presumption that the large capacity ammunition feeding device is not
subject to the prohibition of possession in paragraph (1).'.
- (b) DEFINITION OF LARGE CAPACITY AMMUNITION FEEDING DEVICE-
Section 921(a) of title 18, United States Code, as amended by section
110102(b), is amended by adding at the end the following new paragraph:
- `(31) The term `large capacity ammunition feeding device'--
- `(A) means a magazine, belt, drum, feed strip, or similar
device manufactured after the date of enactment of the Violent Crime
Control and Law Enforcement Act of 1994 that has a capacity of, or that
can be readily restored or converted to accept, more than 10 rounds of
ammunition; but
- `(B) does not include an attached tubular device designed
to accept, and capable of operating only with, .22 caliber rimfire
ammunition.'.
- (c) PENALTY- Section 924(a)(1)(B) of title 18, United States
Code, as amended by section 110102(c)(1), is amended by striking `or
(v)' and inserting `(v), or (w)'.
- (d) IDENTIFICATION MARKINGS FOR LARGE CAPACITY AMMUNITION
FEEDING DEVICES- Section 923(i) of title 18, United States Code, as
amended by section 110102(d) of this Act, is amended by adding at the
end the following: `A large capacity ammunition feeding device
manufactured after the date of the enactment of this sentence shall be
identified by a serial number that clearly shows that the device was
manufactured or imported after the effective date of this subsection,
and such other identification as the Secretary may by regulation
prescribe.'.
SEC. 110104. STUDY BY ATTORNEY GENERAL.
- (a) STUDY- The Attorney General shall investigate and study
the effect of this subtitle and the amendments made by this subtitle,
and in particular shall determine their impact, if any, on violent and
drug trafficking crime. The study shall be conducted over a period of 18
months, commencing 12 months after the date of enactment of this Act.
- (b) REPORT- Not later than 30 months after the date of
enactment of this Act, the Attorney General shall prepare and submit to
the Congress a report setting forth in detail the findings and
determinations made in the study under subsection (a).
SEC. 110105. EFFECTIVE DATE.
- This subtitle and the amendments made by this subtitle--
- (1) shall take effect on the date of the enactment of this Act; and
- (2) are repealed effective as of the date that is 10 years after that date.
SEC. 110106. APPENDIX A TO SECTION 922 OF TITLE 18.
- Section 922 of title 18, United States Code, is amended by adding at the end the following appendix:
`APPENDIX A
Centerfire Rifles--Autoloaders
Centerfire Rifles--Lever & Slide
Centerfire Rifles--Bolt Action
Centerfire Rifles--Single Shot
Drillings, Combination Guns, Double Rifles
Rimfire Rifles--Autoloaders
Rimfire Rifles--Lever & Slide Action
Rimfire Rifles--Bolt Actions & Single Shots
Competition Rifles--Centerfire & Rimfire
Shotguns--Autoloaders
Shotguns--Slide Actions
Shotguns--Over/Unders
Shotguns--Side by Sides
Shotguns--Bolt Actions & Single Shots
Subtitle B--Youth Handgun Safety
SEC. 110201. PROHIBITION OF THE POSSESSION OF A HANDGUN OR AMMUNITION BY, OR THE PRIVATE TRANSFER OF A HANDGUN OR AMMUNITION TO, A JUVENILE.
- (a) OFFENSE- Section 922 of title 18, United States Code, as
amended by section 110103(a), is amended by adding at the end the
following new subsection:
- `(x)(1) It shall be unlawful for a person to sell, deliver, or
otherwise transfer to a person who the transferor knows or has
reasonable cause to believe is a juvenile--
- `(A) a handgun; or
- `(B) ammunition that is suitable for use only in a handgun.
- `(2) It shall be unlawful for any person who is a juvenile to knowingly possess--
- `(A) a handgun; or
- `(B) ammunition that is suitable for use only in a handgun.
- `(3) This subsection does not apply to--
- `(A) a temporary transfer of a handgun or ammunition to a
juvenile or to the possession or use of a handgun or ammunition by a
juvenile if the handgun and ammunition are possessed and used by the
juvenile--
- `(i) in the course of employment, in the course of
ranching or farming related to activities at the residence of the
juvenile (or on property used for ranching or farming at which the
juvenile, with the permission of the property owner or lessee, is
performing activities related to the operation of the farm or ranch),
target practice, hunting, or a course of instruction in the safe and
lawful use of a handgun;
- `(ii) with the prior written consent of the juvenile's
parent or guardian who is not prohibited by Federal, State, or local
law from possessing a firearm, except--
- `(I) during transportation by the juvenile of an
unloaded handgun in a locked container directly from the place of
transfer to a place at which an activity described in clause (i) is to
take place and transportation by the juvenile of that handgun, unloaded
and in a locked container, directly from the place at which such an
activity took place to the transferor; or
- `(II) with respect to ranching or farming
activities as described in clause (i), a juvenile may possess and use a
handgun or ammunition with the prior written approval of the juvenile's
parent or legal guardian and at the direction of an adult who is not
prohibited by Federal, State or local law from possessing a firearm;
- `(iii) the juvenile has the prior written consent in
the juvenile's possession at all times when a handgun is in the
possession of the juvenile; and
- `(iv) in accordance with State and local law;
- `(B) a juvenile who is a member of the Armed Forces of the
United States or the National Guard who possesses or is armed with a
handgun in the line of duty;
- `(C) a transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile; or
- `(D) the possession of a handgun or ammunition by a
juvenile taken in defense of the juvenile or other persons against an
intruder into the residence of the juvenile or a residence in which the
juvenile is an invited guest.
- `(4) A handgun or ammunition, the possession of which is
transferred to a juvenile in circumstances in which the transferor is
not in violation of this subsection shall not be subject to permanent
confiscation by the Government if its possession by the juvenile
subsequently becomes unlawful because of the conduct of the juvenile,
but shall be returned to the lawful owner when such handgun or
ammunition is no longer required by the Government for the purposes of
investigation or prosecution.
- `(5) For purposes of this subsection, the term `juvenile' means a person who is less than 18 years of age.
- `(6)(A) In a prosecution of a violation of this subsection,
the court shall require the presence of a juvenile defendant's parent or
legal guardian at all proceedings.
- `(B) The court may use the contempt power to enforce subparagraph (A).
- `(C) The court may excuse attendance of a parent or legal
guardian of a juvenile defendant at a proceeding in a prosecution of a
violation of this subsection for good cause shown.'.
- (b) PENALTIES- Section 924(a) of title 18, United States Code, is amended--
- (1) in paragraph (1) by striking `paragraph (2) or (3) of'; and
- (2) by adding at the end the following new paragraph:
- `(5)(A)(i) A juvenile who violates section 922(x) shall be
fined under this title, imprisoned not more than 1 year, or both, except
that a juvenile described in clause (ii) shall be sentenced to
probation on appropriate conditions and shall not be incarcerated unless
the juvenile fails to comply with a condition of probation.
- `(ii) A juvenile is described in this clause if--
- `(I) the offense of which the juvenile is charged is
possession of a handgun or ammunition in violation of section 922(x)(2);
and
- `(II) the juvenile has not been convicted in any court of
an offense (including an offense under section 922(x) or a similar State
law, but not including any other offense consisting of conduct that if
engaged in by an adult would not constitute an offense) or adjudicated
as a juvenile delinquent for conduct that if engaged in by an adult
would constitute an offense.
- `(B) A person other than a juvenile who knowingly violates section 922(x)--
- `(i) shall be fined under this title, imprisoned not more than 1 year, or both; and
- `(ii) if the person sold, delivered, or otherwise
transferred a handgun or ammunition to a juvenile knowing or having
reasonable cause to know that the juvenile intended to carry or
otherwise possess or discharge or otherwise use the handgun or
ammunition in the commission of a crime of violence, shall be fined
under this title, imprisoned not more than 10 years, or both.'.
- (c) TECHNICAL AMENDMENT OF JUVENILE DELINQUENCY PROVISIONS IN TITLE 18, UNITED STATES CODE-
- (1) SECTION 5031- Section 5031 of title 18, United States
Code, is amended by inserting `or a violation by such a person of
section 922(x)' before the period at the end.
- (2) SECTION 5032- Section 5032 of title 18, United States Code, is amended--
- (A) in the first undesignated paragraph by inserting `or (x)' after `922(p)'; and
- (B) in the fourth undesignated paragraph by inserting
`or section 922(x) of this title,' before `criminal prosecution on the
basis'.
- (d) TECHNICAL AMENDMENT OF THE JUVENILE JUSTICE AND
DELINQUENCY PREVENTION ACT OF 1974- Section 223(a)(12)(A) of the
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C.
5633(a)(12)(A)) is amended by striking `which do not constitute
violations of valid court orders' and inserting `(other than an offense
that constitutes a violation of a valid court order or a violation of
section 922(x) of title 18, United States Code, or a similar State
law).'
- (e) MODEL LAW- The Attorney General, acting through the
Director of the National Institute for Juvenile Justice and Delinquency
Prevention, shall--
- (1) evaluate existing and proposed juvenile handgun legislation in each State;
- (2) develop model juvenile handgun legislation that is constitutional and enforceable;
- (3) prepare and disseminate to State authorities the findings made as the result of the evaluation; and
- (4) report to Congress by December 31, 1995, findings and
recommendations concerning the need or appropriateness of further
action by the Federal Government.
Subtitle C--Licensure
SEC. 110301. FIREARMS LICENSURE AND REGISTRATION TO REQUIRE A PHOTOGRAPH AND FINGERPRINTS.
- (a) FIREARMS LICENSURE- Section 923(a) of title 18, United
States Code, is amended in the second sentence by inserting `and shall
include a photograph and fingerprints of the applicant' before the
period.
- (b) REGISTRATION- Section 5802 of the Internal Revenue Code of
1986 is amended by inserting after the first sentence the following:
`An individual required to register under this section shall include a
photograph and fingerprints of the individual with the initial
application.'.
SEC. 110302. COMPLIANCE WITH STATE AND LOCAL LAW AS A CONDITION TO LICENSE.
- Section 923(d)(1) of title 18, United States Code, is amended--
- (1) by striking `and' at the end of subparagraph (D);
- (2) by striking the period at the end of subparagraph (E) and inserting `; and'; and
- (3) by adding at the end the following new subparagraph:
- `(F) the applicant certifies that--
- `(i) the business to be conducted under the license is
not prohibited by State or local law in the place where the licensed
premise is located;
- `(ii)(I) within 30 days after the application is
approved the business will comply with the requirements of State and
local law applicable to the conduct of the business; and
- `(II) the business will not be conducted under the
license until the requirements of State and local law applicable to the
business have been met; and
- `(iii) that the applicant has sent or delivered a form
to be prescribed by the Secretary, to the chief law enforcement officer
of the locality in which the premises are located, which indicates that
the applicant intends to apply for a Federal firearms license.'.
SEC. 110303. ACTION ON FIREARMS LICENSE APPLICATION.
- Section 923(d)(2) of title 18, United States Code, is amended by striking `forty-five-day' and inserting `60-day'.
SEC. 110304. INSPECTION OF FIREARMS LICENSEES' INVENTORY AND RECORDS.
- Section 923(g)(1)(B)(ii) of title 18, United States Code, is amended to read as follows:
- `(ii) for ensuring compliance with the record keeping requirements of this chapter--
- `(I) not more than once during any 12-month period; or
- `(II) at any time with respect to records
relating to a firearm involved in a criminal investigation that is
traced to the licensee.'.
SEC. 110305. REPORTS OF THEFT OR LOSS OF FIREARMS.
- Section 923(g) of title 18, United States Code, is amended by adding at the end the following new paragraph:
- `(6) Each licensee shall report the theft or loss of a
firearm from the licensee's inventory or collection, within 48 hours
after the theft or loss is discovered, to the Secretary and to the
appropriate local authorities.'.
SEC. 110306. RESPONSES TO REQUESTS FOR INFORMATION.
- Section 923(g) of title 18, United States Code, as amended by
section 110405, is amended by adding at the end the following new
paragraph:
- `(7) Each licensee shall respond immediately to, and in no
event later than 24 hours after the receipt of, a request by the
Secretary for information contained in the records required to be kept
by this chapter as may be required for determining the disposition of 1
or more firearms in the course of a bona fide criminal investigation.
The requested information shall be provided orally or in writing, as the
Secretary may require. The Secretary shall implement a system whereby
the licensee can positively identify and establish that an individual
requesting information via telephone is employed by and authorized by
the agency to request such information.'.
SEC. 110307. NOTIFICATION OF NAMES AND ADDRESSES OF FIREARMS LICENSEES.
- Section 923 of title 18, United States Code, is amended by adding at the end the following new subsection:
- `(1) The Secretary of the Treasury shall notify the chief
law enforcement officer in the appropriate State and local jurisdictions
of the names and addresses of all persons in the State to whom a
firearms license is issued.'.
Subtitle D--Domestic Violence
SEC. 110401. PROHIBITION AGAINST DISPOSAL OF FIREARMS TO, OR RECEIPT OF FIREARMS BY, PERSONS WHO HAVE COMMITTED DOMESTIC ABUSE.
- (a) INTIMATE PARTNER DEFINED- Section 921(a) of title 18,
United States Code, as amended by section 110103(b), is amended by
inserting at the end the following new paragraph:
- `(32) The term `intimate partner' means, with respect to a
person, the spouse of the person, a former spouse of the person, an
individual who is a parent of a child of the person, and an individual
who cohabitates or has cohabited with the person.'.
- (b) PROHIBITION AGAINST DISPOSAL OF FIREARMS- Section 922(d) of title 18, United States Code, is amended--
- (1) by striking `or' at the end of paragraph (6);
- (2) by striking the period at the end of paragraph (7) and inserting `; or'; and
- (3) by inserting after paragraph (7) the following new paragraph:
- `(8) is subject to a court order that restrains such
person from harassing, stalking, or threatening an intimate partner of
such person or child of such intimate partner or person, or engaging in
other conduct that would place an intimate partner in reasonable fear of
bodily injury to the partner or child, except that this paragraph shall
only apply to a court order that--
- `(A) was issued after a hearing of which such person
received actual notice, and at which such person had the opportunity to
participate; and
- `(B)(i) includes a finding that such person represents
a credible threat to the physical safety of such intimate partner or
child; or
- `(ii) by its terms explicitly prohibits the use,
attempted use, or threatened use of physical force against such intimate
partner or child that would reasonably be expected to cause bodily
injury.'.
- (c) PROHIBITION AGAINST RECEIPT OF FIREARMS- Section 922(g) of title 18, United States Code, is amended--
- (1) by striking `or' at the end of paragraph (6);
- (2) by inserting `or' at the end of paragraph (7); and
- (3) by inserting after paragraph (7) the following:
- `(8) who is subject to a court order that--
- `(A) was issued after a hearing of which such person
received actual notice, and at which such person had an opportunity to
participate;
- `(B) restrains such person from harassing, stalking,
or threatening an intimate partner of such person or child of such
intimate partner or person, or engaging in other conduct that would
place an intimate partner in reasonable fear of bodily injury to the
partner or child; and
- `(C)(i) includes a finding that such person represents
a credible threat to the physical safety of such intimate partner or
child; or
- `(ii) by its terms explicitly prohibits the use,
attempted use, or threatened use of physical force against such intimate
partner or child that would reasonably be expected to cause bodily
injury,'.
- (d) STORAGE OF FIREARMS- Section 926(a) of title 18, United States Code, is amended--
- (1) by striking `and' at the end of paragraph (1);
- (2) by striking the period at the end of paragraph (2) and inserting `; and'; and
- (3) by inserting after paragraph (2) the following:
- `(3) regulations providing for effective receipt and
secure storage of firearms relinquished by or seized from persons
described in subsection (d)(8) or (g)(8) of section 922.'.
- (e) RETURN OF FIREARMS- Section 924(d)(1) of title 18, United
States Code, is amended by striking `the seized' and inserting `or lapse
of or court termination of the restraining order to which he is
subject, the seized or relinquished'.
Subtitle E--Gun Crime Penalties
SEC. 110501. ENHANCED PENALTY FOR USE OF A SEMIAUTOMATIC FIREARM DURING A CRIME OF VIOLENCE OR A DRUG TRAFFICKING CRIME.
- (a) AMENDMENT TO SENTENCING GUIDELINES- Pursuant to its
authority under section 994 of title 28, United States Code, the United
States Sentencing Commission shall amend its sentencing guidelines to
provide an appropriate enhancement of the punishment for a crime of
violence (as defined in section 924(c)(3) of title 18, United States
Code) or a drug trafficking crime (as defined in section 924(c)(2) of
title 18, United States Code) if a semiautomatic firearm is involved.
- (b) SEMIAUTOMATIC FIREARM- In subsection (a), `semiautomatic
firearm' means any repeating firearm that utilizes a portion of the
energy of a firing cartridge to extract the fired cartridge case and
chamber the next round and that requires a separate pull of the trigger
to fire each cartridge.
SEC. 110502. ENHANCED PENALTY FOR SECOND OFFENSE OF USING AN EXPLOSIVE TO COMMIT A FELONY.
- Pursuant to its authority under section 994 of title 28,
United States Code, the United States Sentencing Commission shall
promulgate amendments to the sentencing guidelines to appropriately
enhance penalties in a case in which a defendant convicted under section
844(h) of title 18, United States Code, has previously been convicted
under that section.
SEC. 110503. SMUGGLING FIREARMS IN AID OF DRUG TRAFFICKING.
- Section 924 of title 18, United States Code, as amended by
section 60013, is amended by adding at the end the following new
subsection:
- `(j) A person who, with intent to engage in or to promote conduct that--
- `(1) is punishable under the Controlled Substances Act (21
U.S.C. 801 et seq.), the Controlled Substances Import and Export Act
(21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act (46
U.S.C. App. 1901 et seq.);
- `(2) violates any law of a State relating to any
controlled substance (as defined in section 102 of the Controlled
Substances Act, 21 U.S.C. 802); or
- `(3) constitutes a crime of violence (as defined in subsection (c)(3),
- smuggles or knowingly brings into the United States a firearm,
or attempts to do so, shall be imprisoned not more than 10 years, fined
under this title, or both.'.
SEC. 110504. THEFT OF FIREARMS AND EXPLOSIVES.
- (a) FIREARMS- Section 924 of title 18, United States Code, as
amended by section 110203(a), is amended by adding at the end the
following new subsection:
- `(k) A person who steals any firearm which is moving as, or is
a part of, or which has moved in, interstate or foreign commerce shall
be imprisoned for not more than 10 years, fined under this title, or
both.'.
- (b) EXPLOSIVES- Section 844 of title 18, United States Code, is amended by adding at the end the following new subsection:
- `(k) A person who steals any explosives materials which are
moving as, or are a part of, or which have moved in, interstate or
foreign commerce shall be imprisoned for not more than 10 years, fined
under this title, or both.'.
SEC. 110505. REVOCATION OF SUPERVISED RELEASE AFTER IMPRISONMENT.
- Section 3583 of title 18, United States Code, is amended--
- (1) in subsection (d) by striking `possess illegal
controlled substances' and inserting `unlawfully possess a controlled
substance';
- (2) in subsection (e)--
- (A) by striking `person' each place such term appears in such subsection and inserting `defendant'; and
- (B) by amending paragraph (3) to read as follows:
- `(3) revoke a term of supervised release, and require the
defendant to serve in prison all or part of the term of supervised
release authorized by statute for the offense that resulted in such term
of supervised release without credit for time previously served on
postrelease supervision, if the court, pursuant to the Federal Rules of
Criminal Procedure applicable to revocation of probation or supervised
release, finds by a preponderance of the evidence that the defendant
violated a condition of supervised release, except that a defendant
whose term is revoked under this paragraph may not be required to serve
more than 5 years in prison if the offense that resulted in the term of
supervised release is a class A felony, more than 3 years in prison if
such offense is a class B felony, more than 2 years in prison if such
offense is a class C or D felony, or more than one year in any other
case; or'; and
- (3) by striking subsection (g) and inserting the following:
- `(g) MANDATORY REVOCATION FOR POSSESSION OF CONTROLLED
SUBSTANCE OR FIREARM OR FOR REFUSAL TO COMPLY WITH DRUG TESTING- If the
defendant--
- `(1) possesses a controlled substance in violation of the condition set forth in subsection (d);
- `(2) possesses a firearm, as such term is defined in
section 921 of this title, in violation of Federal law, or otherwise
violates a condition of supervised release prohibiting the defendant
from possessing a firearm; or
- `(3) refuses to comply with drug testing imposed as a condition of supervised release;
- the court shall revoke the term of supervised release and
require the defendant to serve a term of imprisonment not to exceed the
maximum term of imprisonment authorized under subsection (e)(3).
- `(h) SUPERVISED RELEASE FOLLOWING REVOCATION- When a term of
supervised release is revoked and the defendant is required to serve a
term of imprisonment that is less than the maximum term of imprisonment
authorized under subsection (e)(3), the court may include a requirement
that the defendant be placed on a term of supervised release after
imprisonment. The length of such a term of supervised release shall not
exceed the term of supervised release authorized by statute for the
offense that resulted in the original term of supervised release, less
any term of imprisonment that was imposed upon revocation of supervised
release.
- `(i) DELAYED REVOCATION- The power of the court to revoke a
term of supervised release for violation of a condition of supervised
release, and to order the defendant to serve a term of imprisonment and,
subject to the limitations in subsection (h), a further term of
supervised release, extends beyond the expiration of the term of
supervised release for any period reasonably necessary for the
adjudication of matters arising before its expiration if, before its
expiration, a warrant or summons has been issued on the basis of an
allegation of such a violation.'.
SEC. 110506. REVOCATION OF PROBATION.
- (a) IN GENERAL- Section 3565(a) of title 18, United States Code, is amended--
- (1) in paragraph (2) by striking `impose any other
sentence that was available under subchapter A at the time of the
initial sentencing' and inserting `resentence the defendant under
subchapter A'; and
- (2) by striking the last sentence.
- (b) MANDATORY REVOCATION- Section 3565(b) of title 18, United States Code, is amended to read as follows:
- `(b) MANDATORY REVOCATION FOR POSSESSION OF CONTROLLED
SUBSTANCE OR FIREARM OR REFUSAL TO COMPLY WITH DRUG TESTING- If the
defendant--
- `(1) possesses a controlled substance in violation of the condition set forth in section 3563(a)(3);
- `(2) possesses a firearm, as such term is defined in
section 921 of this title, in violation of Federal law, or otherwise
violates a condition of probation prohibiting the defendant from
possessing a firearm; or
- `(3) refuses to comply with drug testing, thereby violating the condition imposed by section 3563(a)(4),
- the court shall revoke the sentence of probation and resentence
the defendant under subchapter A to a sentence that includes a term of
imprisonment.'.
SEC. 110507. INCREASED PENALTY FOR KNOWINGLY MAKING FALSE, MATERIAL STATEMENT IN CONNECTION WITH THE ACQUISITION OF A FIREARM FROM A LICENSED DEALER.
- Section 924(a) of title 18, United States Code, is amended--
- (1) in subsection (a)(1)(B) by striking `(a)(6),'; and
- (2) in subsection (a)(2) by inserting `(a)(6),' after `subsections'.
SEC. 110508. POSSESSION OF EXPLOSIVES BY FELONS AND OTHERS.
- Section 842(i) of title 18, United States Code, is amended by inserting `or possess' after `to receive'.
SEC. 110509. SUMMARY DESTRUCTION OF EXPLOSIVES SUBJECT TO FORFEITURE.
- Section 844(c) of title 18, United States Code, is amended--
- (1) by inserting `(1)' after `(c)'; and
- (2) by adding at the end the following new paragraphs:
- `(2) Notwithstanding paragraph (1), in the case of the seizure
of any explosive materials for any offense for which the materials
would be subject to forfeiture in which it would be impracticable or
unsafe to remove the materials to a place of storage or would be unsafe
to store them, the seizing officer may destroy the explosive materials
forthwith. Any destruction under this paragraph shall be in the presence
of at least 1 credible witness. The seizing officer shall make a report
of the seizure and take samples as the Secretary may by regulation
prescribe.
- `(3) Within 60 days after any destruction made pursuant to
paragraph (2), the owner of (including any person having an interest in)
the property so destroyed may make application to the Secretary for
reimbursement of the value of the property. If the claimant establishes
to the satisfaction of the Secretary that--
- `(A) the property has not been used or involved in a violation of law; or
- `(B) any unlawful involvement or use of the property was without the claimant's knowledge, consent, or willful blindness,
- the Secretary shall make an allowance to the claimant not exceeding the value of the property destroyed.'.
SEC. 110510. ELIMINATION OF OUTMODED LANGUAGE RELATING TO PAROLE.
- (a) SECTION 924(e)(1) OF TITLE 18- Section 924(e)(1) of title
18, United States Code, is amended by striking `, and such person shall
not be eligible for parole with respect to the sentence imposed under
this subsection'.
- (b) SECTION 924(c)(1) OF TITLE 18- Section 924(c)(1) of title
18, United States Code, is amended by striking `No person sentenced
under this subsection shall be eligible for parole during the term of
imprisonment imposed under this subsection.'.
SEC. 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.'.
- (b) EXPLOSIVES- Section 844 of title 18, United States Code,
as amended by section 110204(b), is amended by adding at the end the
following new subsection:
- `(l) A person who steals any explosive material from a
licensed importer, licensed manufacturer, or licensed dealer, or from
any permittee shall be fined under this title, imprisoned not more than
10 years, or both.'.
SEC. 110516. DISPOSING OF EXPLOSIVES TO PROHIBITED PERSONS.
- Section 842(d) of title 18, United States Code, is amended by striking `licensee' and inserting `person'.
SEC. 110517. INCREASED PENALTY FOR INTERSTATE GUN TRAFFICKING.
- Section 924 of title 18, United States Code, as amended by
section 110515(a), is amended by adding at the end the following new
subsection:
- `(m) A person who, with the intent to engage in conduct that
constitutes a violation of section 922(a)(1)(A), travels from any State
or foreign country into any other State and acquires, or attempts to
acquire, a firearm in such other State in furtherance of such purpose
shall be imprisoned for not more than 10 years.'.
SEC. 110518. FIREARMS AND EXPLOSIVES CONSPIRACY.
- (a) FIREARMS- Section 924 of title 18, United States Code, as
amended by section 110517(a), is amended by adding at the end the
following new subsection:
- `(n) A person who conspires to commit an offense under
subsection (c) shall be imprisoned for not more than 20 years, fined
under this title, or both; and if the firearm is a machinegun or
destructive device, or is equipped with a firearm silencer or muffler,
shall be imprisoned for any term of years or life.'.
- (b) EXPLOSIVES- Section 844 of title 18, United States Code,
as amended by section 110515(b), is amended by adding at the end the
following new subsection:
- `(m) A person who conspires to commit an offense under
subsection (h) shall be imprisoned for any term of years not exceeding
20, fined under this title, or both.
SEC. 110519. DEFINITION OF ARMOR PIERCING AMMUNITION.
- Section 921(a)(17) of title 18, United States Code, is amended
by revising subparagraph (B) and adding a new subparagraph (C) to read
as follows:
- `(B) The term `armor piercing ammunition' means--
- `(i) a projectile or projectile core which may be used
in a handgun and which is constructed entirely (excluding the presence
of traces of other substances) from one or a combination of tungsten
alloys, steel, iron, brass, bronze, beryllium copper, or depleted
uranium; or
- `(ii) a full jacketed projectile larger than .22
caliber designed and intended for use in a handgun and whose jacket has a
weight of more than 25 percent of the total weight of the projectile.
- `(C) The term `armor piercing ammunition' does not include
shotgun shot required by Federal or State environmental or game
regulations for hunting purposes, a frangible projectile designed for
target shooting, a projectile which the Secretary finds is primarily
intended to be used for sporting purposes, or any other projectile or
projectile core which the Secretary finds is intended to be used for
industrial purposes, including a charge used in an oil and gas well
perforating device.'.
TITLE XII--TERRORISM
SEC. 120001. EXTENSION OF THE STATUTE OF LIMITATION FOR CERTAIN TERRORISM OFFENSES.
- (a) IN GENERAL- Chapter 213 of title 18, United States Code,
is amended by inserting after section 3285 the following new section:
`Sec. 3286. Extension of statute of limitation for certain terrorism offenses
- `Notwithstanding section 3282, no person shall be prosecuted,
tried, or punished for any offense involving a violation of section 32
(aircraft destruction), section 36 (airport violence), section 112
(assaults upon diplomats), section 351 (crimes against Congressmen or
Cabinet officers), section 1116 (crimes against diplomats), section 1203
(hostage taking), section 1361 (willful injury to government property),
section 1751 (crimes against the President), section 2280 (maritime
violence), section 2281 (maritime platform violence), section 2331
(terrorist acts abroad against United States nationals), section 2339
(use of weapons of mass destruction), or section 2340A (torture) of this
title or section 46502, 46504, 46505, or 46506 of title 49, unless the
indictment is found or the information is instituted within 8 years
after the offense was committed.'.
- (b) APPLICATION OF AMENDMENT- The amendment made by subsection
(a) shall not apply to any offense committed more than 5 years prior to
the date of enactment of this Act.
- (c) TECHNICAL AMENDMENT- The chapter analysis for chapter 213
of title 18, United States Code, is amended by inserting after the item
relating to section 3285 the following new item:
- `3286. Extension of statute of limitation for certain terrorism offenses.'.
SEC. 120002. JURISDICTION OVER CRIMES AGAINST UNITED STATES NATIONALS ON CERTAIN FOREIGN SHIPS.
- Section 7 of title 18, United States Code (relating to the
special maritime and territorial jurisdiction of the United States), is
amended by inserting at the end thereof the following new paragraph:
- `(8) To the extent permitted by international law, any foreign
vessel during a voyage having a scheduled departure from or arrival in
the United States with respect to an offense committed by or against a
national of the United States.'.
SEC. 120003. COUNTERFEITING UNITED STATES CURRENCY ABROAD.
- (a) IN GENERAL- Chapter 25 of title 18, United States Code, is amended by adding before section 471 the following new section:
`Sec. 470. Counterfeit acts committed outside the United States
- `A person who, outside the United States, engages in the act of--
- `(1) making, dealing, or possessing any counterfeit obligation or other security of the United States; or
- `(2) making, dealing, or possessing any plate, stone, or
other thing, or any part thereof, used to counterfeit such obligation or
security,
- if such act would constitute a violation of section 471, 473, or
474 if committed within the United States, shall be fined under this
title, imprisoned not more than 20 years, or both.'.
- (b) TECHNICAL AMENDMENTS-
- (1) CHAPTER ANALYSIS- The chapter analysis for chapter 25
of title 18, United States Code, is amended by adding before section 471
the following new item:
- `470. Counterfeit acts committed outside the United States.'.
- (2) PART ANALYSIS- The part analysis for part I of title
18, United States Code, is amended by amending the item for chapter 25
to read as follows:
470'.
SEC. 120004. SENTENCING GUIDELINES INCREASE FOR TERRORIST CRIMES.
- The United States Sentencing Commission is directed to amend
its sentencing guidelines to provide an appropriate enhancement for any
felony, whether committed within or outside the United States, that
involves or is intended to promote international terrorism, unless such
involvement or intent is itself an element of the crime.
SEC. 120005. PROVIDING MATERIAL SUPPORT TO TERRORISTS.
- (a) OFFENSE- Chapter 113A of title 18, United States Code, is amended by adding the following new section:
`Sec. 2339A. Providing material support to terrorists
- `(a) DEFINITION- In this section, `material support or
resources' means currency or other financial securities, financial
services, lodging, training, safehouses, false documentation or
identification, communications equipment, facilities, weapons, lethal
substances, explosives, personnel, transportation, and other physical
assets, but does not include humanitarian assistance to persons not
directly involved in such violations.
- `(b) OFFENSE- A person who, within the United States, provides
material support or resources or conceals or disguises the nature,
location, source, or ownership of material support or resources, knowing
or intending that they are to be used in preparation for, or in
carrying out, a violation of section 32, 36, 351, 844 (f) or (i), 1114,
1116, 1203, 1361, 1363, 1751, 2280, 2281, 2331, or 2339 of this title or
section 46502 of title 49, or in preparation for or carrying out the
concealment of an escape from the commission of any such violation,
shall be fined under this title, imprisoned not more than 10 years, or
both.
- `(c) INVESTIGATIONS-
- `(1) IN GENERAL- Within the United States, an
investigation may be initiated or continued under this section only when
facts reasonably indicate that--
- `(A) in the case of an individual, the individual
knowingly or intentionally engages, has engaged, or is about to engage
in the violation of this or any other Federal criminal law; and
- `(B) in the case of a group of individuals, the group
knowingly or intentionally engages, has engaged, or is about to engage
in the violation of this or any other Federal criminal law.
- `(2) ACTIVITIES PROTECTED BY THE FIRST AMENDMENT- An
investigation may not be initiated or continued under this section based
on activities protected by the First Amendment to the Constitution,
including expressions of support or the provision of financial support
for the nonviolent political, religious, philosophical, or ideological
goals or beliefs of any person or group.'.
- (b) TECHNICAL AMENDMENT- The chapter analysis for chapter 113A
of title 18, United States Code, is amended by adding the following new
item:
- `2339A. Providing material support to terrorists.'.
TITLE XIII--CRIMINAL ALIENS AND IMMIGRATION ENFORCEMENT
SEC. 130001. ENHANCEMENT OF PENALTIES FOR FAILING TO DEPART, OR REENTERING, AFTER FINAL ORDER OF DEPORTATION.
- (a) FAILURE TO DEPART- Section 242(e) of the Immigration and Nationality Act (8 U.S.C. 1252(e)) is amended--
- (1) by striking `paragraph (2), (3), or (4) of' the first time it appears; and
- (2) by striking `shall be imprisoned not more than ten
years' and inserting `shall be imprisoned not more than four years, or
shall be imprisoned not more than ten years if the alien is a member of
any of the classes described in paragraph (1)(E), (2), (3), or (4) of
section 241(a).'.
- (b) REENTRY- Section 276(b) of the Immigration and Nationality Act (8 U.S.C. 1326(b)) is amended--
- (1) in paragraph (1)--
- (A) by inserting after `commission of' the following:
`three or more misdemeanors involving drugs, crimes against the person,
or both, or'; and
- (B) by striking `5' and inserting `10';
- (2) in paragraph (2), by striking `15' and inserting `20'; and
- (3) by adding at the end the following sentence:
- `For the purposes of this subsection, the term `deportation'
includes any agreement in which an alien stipulates to deportation
during a criminal trial under either Federal or State law.'.
SEC. 130002. CRIMINAL ALIEN TRACKING CENTER.
- (a) OPERATION- The Attorney General shall, under the
authority of section 242(a)(3)(A) of the Immigration and Nationality Act
(8 U.S.C. 1252(a)(3)(A)), operate a criminal alien tracking center.
- (b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section--
- (1) $3,400,000 for fiscal year 1996;
- (2) $3,600,000 for fiscal year 1997;
- (3) $3,700,000 for fiscal year 1998;
- (4) $3,800,000 for fiscal year 1999; and
- (5) $3,900,000 for fiscal year 2000.
SEC. 130003. ALIEN WITNESS COOPERATION AND COUNTERTERROR- ISM INFORMATION.
- (a) ESTABLISHMENT OF NEW NONIMMIGRANT CLASSIFICATION- Section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15))
is amended--
- (1) by striking `or' at the end of subparagraph (Q),
- (2) by striking the period at the end of subparagraph (R) and inserting `; or', and
- (3) by adding at the end the following new subparagraph:
- `(S) subject to section 214(j), an alien--
- `(i) who the Attorney General determines--
- `(I) is in possession of critical reliable information concerning a criminal organization or enterprise;
- `(II) is willing to supply or has supplied such
information to Federal or State law enforcement authorities or a Federal
or State court; and
- `(III) whose presence in the United States the
Attorney General determines is essential to the success of an authorized
criminal investigation or the successful prosecution of an individual
involved in the criminal organization or enterprise; or
- `(ii) who the Secretary of State and the Attorney General jointly determine--
- `(I) is in possession of critical reliable information concerning a terrorist organization, enterprise, or operation;
- `(II) is willing to supply or has supplied such information to Federal law enforcement authorities or a Federal court;
- `(III) will be or has been placed in danger as a result of providing such information; and
- `(IV) is eligible to receive a reward under section 36(a) of the State Department Basic Authorities Act of 1956,
- and, if the Attorney General (or with respect to clause
(ii), the Secretary of State and the Attorney General jointly) considers
it to be appropriate, the spouse, married and unmarried sons and
daughters, and parents of an alien described in clause (i) or (ii) if
accompanying, or following to join, the alien.'.
- (b) CONDITIONS OF ENTRY-
- (1) WAIVER OF GROUNDS FOR EXCLUSION- Section 212(d) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)) is amended by
inserting at the beginning the following new paragraph:
- `(1) The Attorney General shall determine whether a ground for
exclusion exists with respect to a nonimmigrant described in section
101(a)(15)(S). The Attorney General, in the Attorney General's
discretion, may waive the application of subsection (a) (other than
paragraph (3)(E)) in the case of a nonimmigrant described in section
101(a)(15)(S), if the Attorney General considers it to be in the
national interest to do so. Nothing in this section shall be regarded as
prohibiting the Immigration and Naturalization Service from instituting
deportation proceedings against an alien admitted as a nonimmigrant
under section 101(a)(15)(S) for conduct committed after the alien's
admission into the United States, or for conduct or a condition that was
not disclosed to the Attorney General prior to the alien's admission as
a nonimmigrant under section 101(a)(15)(S).'.
- (2) NUMERICAL LIMITATIONS; PERIOD OF ADMISSION; ETC-
Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is
amended by adding at the end the following new subsection:
- `(j)(1) The number of aliens who may be provided a visa as
nonimmigrants under section 101(a)(15)(S)(i) in any fiscal year may not
exceed 100. The number of aliens who may be provided a visa as
nonimmigrants under section 101(a)(15)(S)(ii) in any fiscal year may not
exceed 25.
- `(2) No alien may be admitted into the United States as such a
nonimmigrant more than 5 years after the date of the enactment of this
subsection.
- `(3) The period of admission of an alien as such a
nonimmigrant may not exceed 3 years. Such period may not be extended by
the Attorney General.
- `(4) As a condition for the admission, and continued stay in lawful status, of such a nonimmigrant, the nonimmigrant--
- `(A) shall report not less often than quarterly to the
Attorney General such information concerning the alien's whereabouts and
activities as the Attorney General may require;
- `(B) may not be convicted of any criminal offense
punishable by a term of imprisonment of 1 year or more after the date of
such admission;
- `(C) must have executed a form that waives the
nonimmigrant's right to contest, other than on the basis of an
application for withholding of deportation, any action for deportation
of the alien instituted before the alien obtains lawful permanent
resident status; and
- `(D) shall abide by any other condition, limitation, or restriction imposed by the Attorney General.
- `(5) The Attorney General shall submit a report annually to
the Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate concerning--
- `(A) the number of such nonimmigrants admitted;
- `(B) the number of successful criminal prosecutions or investigations resulting from cooperation of such aliens;
- `(C) the number of terrorist acts prevented or frustrated resulting from cooperation of such aliens;
- `(D) the number of such nonimmigrants whose admission or
cooperation has not resulted in successful criminal prosecution or
investigation or the prevention or frustration of a terrorist act; and
- `(E) the number of such nonimmigrants who have failed to
report quarterly (as required under paragraph (4)) or who have been
convicted of crimes in the United States after the date of their
admission as such a nonimmigrant.'.
- (3) PROHIBITION OF CHANGE OF STATUS- Section 248(1) of the
Immigration and Naturalization Act (8 U.S.C. 1258(1)) is amended by
striking `or (K)' and inserting `(K), or (S)'.
- (c) ADJUSTMENT TO PERMANENT RESIDENT STATUS-
- (1) IN GENERAL- Section 245 of the Immigration and
Nationality Act (8 U.S.C. 1255) is amended by adding at the end the
following new subsection:
- `(i)(1) If, in the opinion of the Attorney General--
- `(A) a nonimmigrant admitted into the United States under
section 101(a)(15)(S)(i) has supplied information described in subclause
(I) of such section; and
- `(B) the provision of such information has substantially
contributed to the success of an authorized criminal investigation or
the prosecution of an individual described in subclause (III) of that
section,
- the Attorney General may adjust the status of the alien (and the
spouse, married and unmarried sons and daughters, and parents of the
alien if admitted under that section) to that of an alien lawfully
admitted for permanent residence if the alien is not described in
section 212(a)(3)(E).
- `(2) If, in the sole discretion of the Attorney General--
- `(A) a nonimmigrant admitted into the United States under
section 101(a)(15)(S)(ii) has supplied information described in
subclause (I) of such section, and
- `(B) the provision of such information has substantially contributed to--
- `(i) the prevention or frustration of an act of terrorism against a United States person or United States property, or
- `(ii) the success of an authorized criminal
investigation of, or the prosecution of, an individual involved in such
an act of terrorism, and
- `(C) the nonimmigrant has received a reward under section 36(a) of the State Department Basic Authorities Act of 1956,
- the Attorney General may adjust the status of the alien (and the
spouse, married and unmarried sons and daughters, and parents of the
alien if admitted under such section) to that of an alien lawfully
admitted for permanent residence if the alien is not described in
section 212(a)(3)(E).
- `(3) Upon the approval of adjustment of status under
paragraphs (1) or (2), the Attorney General shall record the alien's
lawful admission for permanent residence as of the date of such approval
and the Secretary of State shall reduce by one the number of visas
authorized to be issued under sections 201(d) and 203(b)(4) for the
fiscal year then current.'.
- (2) EXCLUSIVE MEANS OF ADJUSTMENT- Section 245(c) of the
Immigration and Nationality Act (8 U.S.C. 1255(c)) is amended by
striking `or' before `(4)' and by inserting before the period at the end
the following: `; or (5) an alien who was admitted as a nonimmigrant
described in section 101(a)(15)(S)'.
- (d) EXTENSION OF PERIOD OF DEPORTATION FOR CONVICTION OF A
CRIME- Section 241(a)(2)(A)(i)(I) of the Immigration and Nationality Act
(8 U.S.C. 1251(a)(2)(A)(i)(I)) is amended by inserting `(or 10 years in
the case of an alien provided lawful permanent resident status under
section 245(i))' after `five years'.
SEC. 130004. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO ARE NOT PERMANENT RESIDENTS.
- (a) ELIMINATION OF ADMINISTRATIVE HEARING FOR CERTAIN CRIMINAL
ALIENS- Section 242A of the Immigration and Nationality Act (8 U.S.C.
1252a) is amended by adding at the end the following new subsection:
- `(b) DEPORTATION OF ALIENS WHO ARE NOT PERMANENT RESIDENTS-
- `(1) The Attorney General may, in the case of an alien
described in paragraph (2), determine the deportability of such alien
under section 241(a)(2)(A)(iii) (relating to conviction of an aggravated
felony) and issue an order of deportation pursuant to the procedures
set forth in this subsection or section 242(b).
- `(2) An alien is described in this paragraph if the alien--
- `(A) was not lawfully admitted for permanent residence at the time at which proceedings under this section commenced; and
- `(B) is not eligible for any relief from deportation under this Act.
- `(3) The Attorney General may not execute any order
described in paragraph (1) until 30 calendar days have passed from the
date that such order was issued, unless waived by the alien, in order
that the alien has an opportunity to apply for judicial review under
section 106.
- `(4) Proceedings before the Attorney General under this
subsection shall be in accordance with such regulations as the Attorney
General shall prescribe. The Attorney General shall provide that--
- `(A) the alien is given reasonable notice of the charges and of the opportunity described in subparagraph (C);
- `(B) the alien shall have the privilege of being
represented (at no expense to the government) by such counsel,
authorized to practice in such proccedings, as the alien shall choose;
- `(C) the alien has a reasonable opportunity to inspect the evidence and rebut the charges;
- `(D) the determination of deportability is supported
by clear, convincing, and unequivocal evidence and a record is
maintained for judicial review; and
- `(E) the final order of deportation is not entered by the same person who issues the charges.'.
- (b) LIMITED JUDICIAL REVIEW- Section 106 of the Immigration and Nationality Act (8 U.S.C. 1105a) is amended--
- (1) in the first sentence of subsection (a), by inserting `or pursuant to section 242A' after `under section 242(b)';
- (2) in subsection (a)(1) and subsection (a)(3), by
inserting `(including an alien described in section 242A)' after
`aggravated felony'; and
- (3) by adding at the end the following new subsection:
- `(d)(1) A petition for review or for habeas corpus on behalf
of an alien against whom a final order of deportation has been issued
pursuant to section 242A(b) may challenge only--
- `(A) whether the alien is in fact the alien described in the order;
- `(B) whether the alien is in fact an alien described in section 242A(b)(2);
- `(C) whether the alien has been convicted of an aggravated felony and such conviction has become final; and
- `(D) whether the alien was afforded the procedures required by section 242A(b)(5).
- `(2) No court shall have jurisdiction to review any issue other than an issue described in paragraph (1).'.
- (c) TECHNICAL AMENDMENTS- Section 242A of the Immigration and Nationality Act (8 U.S.C. 1252a) is amended--
- (1) by amending the heading to read as follows:
`EXPEDITED DEPORTATION OF ALIENS CONVICTED OF COMMITTING AGGRAVATED FELONIES';
- (2) in subsection (a), as designated prior to enactment of
this Act, by striking `(a) IN GENERAL- ' and inserting the following:
- `(a) DEPORTATION OF CRIMINAL ALIENS-
- `(1) IN GENERAL- ';
- (3) in subsection (b), as designated prior to enactment of
this Act, by striking `(b) IMPLEMENTATION- ' and inserting `(2)
IMPLEMENTATION- ';
- (4) by striking subsection (c);
- (5) in subsection (d)--
- (A) by striking `(d) EXPEDITED PROCEEDINGS- (1)' and inserting `(3) EXPEDITED PROCEEDINGS- (A)'; and
- (B) by striking `(2)' and inserting `(B)'; and
- (6) in subsection (e)--
- (A) by striking `(e) REVIEW- (1)' and inserting `(4) REVIEW- (A)';
- (B) by striking the second sentence; and
- (C) by striking `(2)' and inserting `(B)'.
- (d) EFFECTIVE DATE- The amendments made by this section shall
apply to all aliens against whom deportation proceedings are initiated
after the date of enactment of this Act.
SEC. 130005. EXPEDITIOUS DEPORTATION FOR DENIED ASYLUM APPLICANTS.
- (a) IN GENERAL- The Attorney General may provide for the
expeditious adjudication of asylum claims and the expeditious
deportation of asylum applicants whose applications have been finally
denied, unless the applicant remains in an otherwise valid nonimmigrant
status.
- (b) EMPLOYMENT AUTHORIZATION- Section 208 of the Immigration
and Nationality Act (8 U.S.C. 1158) is amended by adding at the end the
following new subsection:
- `(e) An applicant for asylum is not entitled to employment
authorization except as may be provided by regulation in the discretion
of the Attorney General.'.
- (c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section--
- (1) $64,000,000 for fiscal year 1995;
- (2) $90,000,000 for fiscal year 1996;
- (3) $93,000,000 for fiscal year 1997; and
- (4) $91,000,000 for fiscal year 1998.
SEC. 130006. IMPROVING BORDER CONTROLS.
- (a) AUTHORIZATION OF APPROPRIATIONS- There are authorized to
be appropriated for the Immigration and Naturalization Service to
increase the resources for the Border Patrol, the Inspections Program,
and the Deportation Branch to apprehend illegal aliens who attempt
clandestine entry into the United States or entry into the United States
with fraudulent documents or who remain in the country after their
nonimmigrant visas expire--
- (1) $228,000,000 for fiscal year 1995;
- (2) $185,000,000 for fiscal year 1996;
- (3) $204,000,000 for fiscal year 1997; and
- (4) $58,000,000 for fiscal year 1998.
Of the sums authorized in this section, all necessary funds shall, subject to the availability of appropriations, be allocated to increase the number of agent positions (and necessary support personnel positions) in the Border Patrol by not less than 1,000 full-time equivalent positions in each of fiscal years 1995, 1996, 1997, and 1998 beyond the number funded as of October 1, 1994.
- (b) REPORT- By September 30, 1996 and September 30, 1998, the
Attorney General shall report to the Congress on the programs described
in this section. The report shall include an evaluation of the programs,
an outcome-based measurement of performance, and an analysis of the
cost effectiveness of the additional resources provided under this Act.
SEC. 130007. EXPANDED SPECIAL DEPORTATION PROCEEDINGS.
- (a) IN GENERAL- Subject to the availability of appropriations,
the Attorney General may expand the program authorized by section
242A(d) and 242(i) of the Immigration and Nationality Act to ensure
that such aliens are immediately deportable upon their release from
incarceration.
- (b) DETENTION AND REMOVAL OF CRIMINAL ALIENS- Subject to the availability of appropriations, the Attorney General may--
- (1) construct or contract for the construction of 2
Immigration and Naturalization Service Processing Centers to detain
criminal aliens; and
- (2) provide for the detention and removal of such aliens.
- (c) REPORT- By September 30, 1996, and September 30, 1998 the
Attorney General shall report to the Congress on the programs referred
to in subsections (a) and (b). The report shall include an evaluation of
the programs, an outcome-based measurement of performance, and an
analysis of the cost effectiveness of the additional resources provided
under this Act.
- (d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section--
- (1) $55,000,000 for fiscal year 1995;
- (2) $54,000,000 for fiscal year 1996;
- (3) $49,000,000 for fiscal year 1997; and
- (4) $2,000,000 for fiscal year 1998.
SEC. 130008. AUTHORITY TO ACCEPT CERTAIN ASSISTANCE.
- (a) IN GENERAL- Subject to subsection (b) and notwithstanding
any other provision of law, the Attorney General, in the discretion of
the Attorney General, may accept, hold, administer, and utilize gifts of
property and services (which may not include cash assistance) from
State and local governments for the purpose of assisting the Immigration
and Naturalization Service in the transportation of deportable aliens
who are arrested for misdemeanor or felony crimes under State or Federal
law and who are either unlawfully within the United States or willing
to submit to voluntary departure under safeguards. Any property acquired
pursuant to this section shall be acquired in the name of the United
States.
- (b) LIMITATION- The Attorney General shall terminate or
rescind the exercise of the authority under subsection (a) if the
Attorney General determines that the exercise of such authority has
resulted in discrimination by law enforcement officials on the basis of
race, color, or national origin.
SEC. 130009. PASSPORT AND VISA OFFENSES PENALTIES IMPROVEMENT.
- (a) IN GENERAL- Chapter 75 of title 18, United States Code, is amended--
- (1) in section 1541 by striking `not more than $500 or
imprisoned not more than one year' and inserting `under this title,
imprisoned not more than 10 years';
- (2) in each of sections 1542, 1543, and 1544 by striking
`not more than $2,000 or imprisoned not more than five years' and
inserting `under this title, imprisoned not more than 10 years';
- (3) in section 1545 by striking `not more than $2,000 or
imprisoned not more than three years' and inserting `under this title,
imprisoned not more than 10 years';
- (4) in section 1546(a) by striking `five years' and inserting `10 years';
- (5) in section 1546(b) by striking `in accordance with
this title, or imprisoned not more than two years' and inserting `under
this title, imprisoned not more than 5 years'; and
- (6) by adding at the end the following new section:
`Sec. 1547. Alternative imprisonment maximum for certain offenses
- `Notwithstanding any other provision of this title, the
maximum term of imprisonment that may be imposed for an offense under
this chapter (other than an offense under section 1545)--
- `(1) if committed to facilitate a drug trafficking crime (as defined in 929(a)) is 15 years; and
- `(2) if committed to facilitate an act of international terrorism (as defined in section 2331) is 20 years.'.
- (b) TECHNICAL AMENDMENT- The chapter analysis for chapter 75
of title 18, United States Code, is amended by adding at the end the
following new item:
- `1547. Alternative imprisonment maximum for certain offenses.'.
SEC. 130010. ASYLUM.
- (a) FINDINGS- The Senate finds that--
- (1) in the last decade applications for asylum have
greatly exceeded the original 5,000 annual limit provided in the Refugee
Act of 1980, with more than 150,000 asylum applications filed in fiscal
year 1993, and the backlog of cases growing to 340,000;
- (2) this flood of asylum claims has swamped the system,
creating delays in the processing of applications of up to several
years;
- (3) the delay in processing asylum claims due to the overwhelming numbers has contributed to numerous problems, including--
- (A) an abuse of the asylum laws by fraudulent
applicants whose primary interest is obtaining work authority in the
United States while their claim languishes in the backlogged asylum
processing system;
- (B) the growth of alien smuggling operations, often involving organized crime;
- (C) a drain on limited resources resulting from the
high cost of processing frivolous asylum claims through our multilayered
system; and
- (D) an erosion of public support for asylum, which is a treaty obligation.
- (4) asylum, a safe haven protection for aliens abroad who
cannot return home, has been perverted by some aliens who use asylum
claims to circumvent our immigration and refugee laws and procedures;
and
- (5) a comprehensive revision of our asylum law and procedures is required to address these problems.
- (b) POLICY- It is the sense of the Senate that--
- (1) asylum is a process intended to protect aliens in the United States who cannot safely return home;
- (2) persons outside their country of nationality who have a
well-founded fear of persecution if they return should apply for
refugee status at one of our refugee processing offices abroad; and
- (3) the immigration, refugee and asylum laws of the United States should be reformed to provide--
- (A) a procedure for the expeditious exclusion of any
asylum applicant who arrives at a port-of-entry with fraudulent
documents, or no documents, and makes a noncredible claim of asylum; and
- (B) the immigration, refugee and asylum laws of the
United States should be reformed to provide for a streamlined
affirmative asylum processing system for asylum applicants who make
their application after they have entered the United States.
TITLE XIV--YOUTH VIOLENCE
SEC. 140001. PROSECUTION AS ADULTS OF CERTAIN JUVENILES FOR CRIMES OF VIOLENCE.
- The 4th undesignated paragraph of section 5032 of title 18,
United States Code, is amended by striking `; however' and inserting `.
In the application of the preceding sentence, if the crime of violence
is an offense under section 113(a), 113(b), 113(c), 1111, 1113, or, if
the juvenile possessed a firearm during the offense, section 2111, 2113,
2241(a), or 2241(c), `thirteen' shall be substituted for `fifteen' and
`thirteenth' shall be substituted for `fifteenth'. Notwithstanding
sections 1152 and 1153, no person subject to the criminal jurisdiction
of an Indian tribal government shall be subject to the preceding
sentence for any offense the Federal jurisdiction for which is
predicated solely on Indian country (as defined in section 1151), and
which has occurred within the boundaries of such Indian country, unless
the governing body of the tribe has elected that the preceding sentence
have effect over land and persons subject to its criminal jurisdiction.
However'.
SEC. 140002. COMMENCEMENT OF JUVENILE PROCEEDING.
- Section 5032 of title 18, United States Code, is amended by
striking `Any proceedings against a juvenile under this chapter or as an
adult shall not be commenced until' and inserting `A juvenile shall not
be transferred to adult prosecution nor shall a hearing be held under
section 5037 (disposition after a finding of juvenile delinquency)
until'.
SEC. 140003. SEPARATION OF JUVENILE FROM ADULT OFFENDERS.
- Section 5039 of title 18, United States Code, is amended by
inserting `, whether pursuant to an adjudication of delinquency or
conviction for an offense,' after `committed' the first place it
appears.
SEC. 140004. BINDOVER SYSTEM FOR CERTAIN VIOLENT JUVENILES.
- Section 501(b) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3751), as amended by section 100003,
is amended--
- (1) by striking `and' at the end of paragraph (21);
- (2) by striking the period at the end of paragraph (22) and inserting `; and'; and
- (3) by adding at the end the following new paragraph:
- `(23) programs that address the need for effective
bindover systems for the prosecution of violent 16- and 17-year-old
juveniles in courts with jurisdiction over adults for the crimes of--
- `(A) murder in the first degree;
- `(B) murder in the second degree;
- `(C) attempted murder;
- `(D) armed robbery when armed with a firearm;
- `(E) aggravated battery or assault when armed with a firearm;
- `(F) criminal sexual penetration when armed with a firearm; and
- `(G) drive-by shootings as described in section 36 of title 18, United States Code.'.
SEC. 140005. AMENDMENT CONCERNING RECORDS OF CRIMES COMMITTED BY JUVENILES.
Section 5038 of title 18, United States Code, is amended in subsection (f) by adding `or whenever a juvenille has been found guilty of committing an act after his 13th birthday which if committed by an adult would be an offense described in the second sentence of the fourth paragraph of section 5032 of this title,' after `title 21,'.
SEC. 140006. INCREASED PENALTIES FOR EMPLOYING CHILDREN TO DISTRIBUTE DRUGS NEAR SCHOOLS AND PLAYGROUNDS.
- Section 419 of the Controlled Substances Act (21 U.S.C. 860) is amended--
- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and
- (2) by inserting after subsection (b) the following new subsection:
- `(c) Notwithstanding any other law, any person at least 21 years of age who knowingly and intentionally--
- `(1) employs, hires, uses, persuades, induces, entices, or coerces a person under 18 years of age to violate this section; or
- `(2) employs, hires, uses, persuades, induces, entices, or
coerces a person under 18 years of age to assist in avoiding detection
or apprehension for any offense under this section by any Federal,
State, or local law enforcement official,
- is punishable by a term of imprisonment, a fine, or both, up to triple those authorized by section 401.'.
SEC. 140007. INCREASED PENALTIES FOR TRAVEL ACT CRIMES INVOLVING VIOLENCE AND CONSPIRACY TO COMMIT CONTRACT KILLINGS.
- (a) TRAVEL ACT PENALTIES- Section 1952(a) of title 18, United
States Code, is amended by striking `and thereafter performs or attempts
to perform any of the acts specified in subparagraphs (1), (2), and
(3), shall be fined not more than $10,000 or imprisoned for not more
than five years, or both.' and inserting `and thereafter performs or
attempts to perform--
- `(A) an act described in paragraph (1) or (3) shall be fined under this title, imprisoned not more than 5 years, or both; or
- `(B) an act described in paragraph (2) shall be fined
under this title, imprisoned for not more than 20 years, or both, and if
death results shall be imprisoned for any term of years or for life.'.
- (b) MURDER CONSPIRACY PENALTIES- Section 1958(a) of title 18,
United States Code, is amended by inserting `or who conspires to do so'
before `shall be fined' the first place it appears.
SEC. 140008. SOLICITATION OF MINOR TO COMMIT CRIME.
- (a) DIRECTIVE TO SENTENCING COMMISSION- (1) The United States
Sentencing Commission shall promulgate guidelines or amend existing
guidelines to provide that a defendant 21 years of age or older who has
been convicted of an offense shall receive an appropriate sentence
enhancement if the defendant involved a minor in the commission of the
offense.
- (2) The Commission shall provide that the guideline
enhancement promulgated pursuant to paragraph (1) shall apply for any
offense in relation to which the defendant has solicited, procured,
recruited, counseled, encouraged, trained, directed, commanded,
intimidated, or otherwise used or attempted to use any person less than
18 years of age with the intent that the minor would commit a Federal
offense.
- (b) RELEVANT CONSIDERATIONS- In implementing the directive in subsection (a), the Sentencing Commission shall consider--
- (1) the severity of the crime that the defendant intended the minor to commit;
- (2) the number of minors that the defendant used or attempted to use in relation to the offense;
- (3) the fact that involving a minor in a crime of violence
is frequently of even greater seriousness than involving a minor in a
drug trafficking offense, for which the guidelines already provide a
two-level enhancement; and
- (4) the possible relevance of the proximity in age between the offender and the minor(s) involved in the offense.
TITLE XV--CRIMINAL STREET GANGS
SEC. 150001. CRIMINAL STREET GANGS.
- (a) IN GENERAL- Part I of title 18, United States Code, is amended by inserting after chapter 25 the following new chapter:
`CHAPTER 26--CRIMINAL STREET GANGS
`Sec. 521. Criminal street gangs
- `(a) DEFINITIONS-
- `conviction' includes a finding, under State or Federal
law, that a person has committed an act of juvenile delinquency
involving a violent or controlled substances felony.
- `criminal street gang' means an ongoing group, club, organization, or association of 5 or more persons--
- `(A) that has as 1 of its primary purposes the commission of 1 or more of the criminal offenses described in subsection (c);
- `(B) the members of which engage, or have engaged
within the past 5 years, in a continuing series of offenses described in
subsection (c); and
- `(C) the activities of which affect interstate or foreign commerce.
- `(b) PENALTY- The sentence of a person convicted of an offense
described in subsection (c) shall be increased by up to 10 years if the
offense is committed under the circumstances described in subsection
(d).
- `(c) OFFENSES- The offenses described in this section are--
- `(1) a Federal felony involving a controlled substance (as
defined in section 102 of the Controlled Substances Act (21 U.S.C.
802)) for which the maximum penalty is not less than 5 years;
- `(2) a Federal felony crime of violence that has as an
element the use or attempted use of physical force against the person of
another; and
- `(3) a conspiracy to commit an offense described in paragraph (1) or (2).
- `(d) CIRCUMSTANCES- The circumstances described in this
section are that the offense described in subsection (c) was committed
by a person who--
- `(1) participates in a criminal street gang with knowledge
that its members engage in or have engaged in a continuing series of
offenses described in subsection (c);
- `(2) intends to promote or further the felonious
activities of the criminal street gang or maintain or increase his or
her position in the gang; and
- `(3) has been convicted within the past 5 years for--
- `(A) an offense described in subsection (c);
- `(B) a State offense--
- `(i) involving a controlled substance (as defined
in section 102 of the Controlled Substances Act (21 U.S.C. 802)) for
which the maximum penalty is not less than 5 years' imprisonment; or
- `(ii) that is a felony crime of violence that has
as an element the use or attempted use of physical force against the
person of another;
- `(C) any Federal or State felony offense that by its
nature involves a substantial risk that physical force against the
person of another may be used in the course of committing the offense;
or
- `(D) a conspiracy to commit an offense described in subparagraph (A), (B), or (C).'.
- (b) TECHNICAL AMENDMENT- The part analysis for part I of title
18, United States Code, is amended by inserting after the item relating
to chapter 25 the following new item:
521'.
SEC. 150002. ADULT PROSECUTION OF SERIOUS JUVENILE OFFENDERS.
- Section 5032 of title 18, United States Code, is amended--
- (1) in the first undesignated paragraph by striking `922(p)' and inserting `924(b), (g), or (h)';
- (2) in the fourth undesignated paragraph by inserting `or
in section 924(b), (g), or (h) of this title,' before `criminal
prosecution' the first place it appears; and
- (3) in the fifth undesignated paragraph by adding at the
end the following: `In considering the nature of the offense, as
required by this paragraph, the court shall consider the extent to which
the juvenile played a leadership role in an organization, or otherwise
influenced other persons to take part in criminal activities, involving
the use or distribution of controlled substances or firearms. Such a
factor, if found to exist, shall weigh in favor of a transfer to adult
status, but the absence of this factor shall not preclude such a
transfer.'.
SEC. 150003. ADDITION OF ANTI-GANG BYRNE GRANT FUNDING OBJECTIVE.
- Section 501(b) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3751(4)), as amended by section
140004, is amended--
- (1) by striking `and' at the end of paragraph (22);
- (2) by striking the period at the end of paragraph (23) and inserting `; and'; and
- (3) by adding at the end the following new paragraph:
- `(24) law enforcement and prevention programs relating to
gangs, or to youth who are involved or at risk of involvement in
gangs.'.
SEC. 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.
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 TRAFFICKING IN CHILD PORNOGRAPHY.
- (a) IMPORT RELATED OFFENSE- Chapter 110 of title 18, United
States Code, is amended by adding at the end the following new section:
`Sec. 2258. Production of sexually explicit depictions of a minor for importation into the United States
- `(a) USE OF MINOR- A person who, outside the United States,
employs, uses, persuades, induces, entices, or coerces any minor to
engage in, or who has a minor assist any other person to engage in, or
who transports any minor with the intent that the minor engage in any
sexually explicit conduct for the purpose of producing any visual
depiction of such conduct, intending that the visual depiction will be
imported into the United States or into waters within 12 miles of the
coast of the United States, shall be punished as provided in subsection
(c).
- `(b) USE OF VISUAL DEPICTION- A person who, outside the United
States, knowingly receives, transports, ships, distributes, sells, or
possesses with intent to transport, ship, sell, or distribute any visual
depiction of a minor engaging in sexually explicit conduct (if the
production of the visual depiction involved the use of a minor engaging
in sexually explicit conduct), intending that the visual depiction will
be imported into the United States or into waters within a distance of
12 miles of the coast of the United States, shall be punished as
provided in subsection (c).
- `(c) PENALTIES- A person who violates subsection (a) or (b), or conspires or attempts to do so--
- `(1) shall be fined under this title, imprisoned not more than 10 years, or both; and
- `(2) if the person has a prior conviction under this
chapter or chapter 109A, shall be fined under this title, imprisoned not
more than 20 years, or both.'.
- (b) TECHNICAL AMENDMENT-
- (1) CHAPTER ANALYSIS- The chapter analysis for chapter 110
of title 18, United States Code, is amended by adding at the end the
following new item:
- `2258. Production of sexually explicit depictions of a minor for importation into the United States.'.
- (2) FINE PROVISIONS- Section 2251(d) of title 18, United States Code, is amended--
- (A) by striking `not more than $100,000, or' and inserting `under this title,';
- (B) by striking `not more than $200,000, or' and inserting `under this title,'; and
- (C) by striking `not more than $250,000' and inserting `under this title'.
- (c) SECTION 2251 PENALTY ENHANCEMENT- Section 2251(d) of title
18, United States Code, is amended by striking `this section' the
second place it appears and inserting `this chapter or chapter 109A'.
- (d) SECTION 2252 PENALTY ENHANCEMENT- Section 2252(b)(1) of
title 18, United States Code, is amended by striking `this section' and
inserting `this chapter or chapter 109A'.
- (e) CONSPIRACY AND ATTEMPT- Sections 2251(d) and 2252(b) of
title 18, United States Code, are each amended by inserting `, or
attempts or conspires to violate,' after `violates' each place it
appears.
- (f) RICO AMENDMENT- Section 1961(l) of title 18, United States
Code, is amended by striking `2251-2252' and inserting `2251, 2251A,
2252, and 2258'.
- (g) TRANSPORTATION OF MINORS- Section 2423 of title 18, United States Code, is amended--
- (1) by striking `(a) Whoever' and inserting `(a)
TRANSPORTATION WITH INTENT TO ENGAGE IN CRIMINAL SEXUAL ACTIVITY- A
person who'; and
- (2) by adding at the end the following new subsection:
- `(b) TRAVEL WITH INTENT TO ENGAGE IN SEXUAL ACT WITH A
JUVENILE- A person who travels in interstate commerce, or conspires to
do so, or a United States citizen or an alien admitted for permanent
residence in the United States who travels in foreign commerce, or
conspires to do so, for the purpose of engaging in any sexual act (as
defined in section 2245) with a person under 18 years of age that would
be in violation of chapter 109A if the sexual act occurred in the
special maritime and territorial jurisdiction of the United States shall
be fined under this title, imprisoned not more than 10 years, or
both.'.
SEC. 160002. SENSE OF CONGRESS CONCERNING STATE LEGISLATION REGARDING CHILD PORNOGRAPHY.
- It is the sense of the Congress that each State that has not
yet done so should enact legislation prohibiting the production,
distribution, receipt, or simple possession of materials depicting a
person under 18 years of age engaging in sexually explicit conduct (as
defined in section 2256 of title 18, United States Code) and providing
for a maximum imprisonment of at least 1 year and for the forfeiture of
assets used in the commission or support of, or gained from, such
offenses.
SEC. 160003. CONFIRMATION OF INTENT OF CONGRESS IN ENACTING SECTIONS 2252 AND 2256 OF TITLE 18, UNITED STATES CODE.
- (a) DECLARATION- The Congress declares that in enacting
sections 2252 and 2256 of title 18, United States Code, it was and is
the intent of Congress that--
- (1) the scope of `exhibition of the genitals or pubic
area' in section 2256(2)(E), in the definition of `sexually explicit
conduct', is not limited to nude exhibitions or exhibitions in which the
outlines of those areas were discernible through clothing; and
- (2) the requirements in section 2252(a) (1)(A), (2)(A),
(3)(B)(i), and (4)(B)(i) that the production of a visual depiction
involve the use of a minor engaging in `sexually explicit conduct' of
the kind described in section 2256(2)(E) are satisfied if a person
photographs a minor in such a way as to exhibit the child in a
lascivious manner.
- (b) SENSE OF THE CONGRESS- It is the sense of the Congress
that in filing its brief in United States v. Knox, No. 92-1183, and
thereby depriving the United States Supreme Court of the adverseness
necessary for full and fair presentation of the issues arising in the
case, the Department of Justice did not accurately reflect the intent of
Congress in arguing that `the videotapes in [the Knox case] constitute
`lascivious exhibition[s] of the genitals or pubic area' only if those
body parts are visible in the tapes and the minors posed or acted
lasciviously.'.
TITLE XVII--CRIMES AGAINST CHILDREN
Subtitle A--Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act
SEC. 170101. ESTABLISHMENT OF PROGRAM.
- (a) IN GENERAL-
- (1) STATE GUIDELINES- The Attorney General shall establish guidelines for State programs that require--
- (A) a person who is convicted of a criminal offense
against a victim who is a minor or who is convicted of a sexually
violent offense to register a current address with a designated State
law enforcement agency for the time period specified in subparagraph (A)
of subsection (b)(6); and
- (B) a person who is a sexually violent predator to
register a current address with a designated State law enforcement
agency unless such requirement is terminated under subparagraph (B) of
subsection (b)(6).
- (2) COURT DETERMINATION- A determination that a person is a
sexually violent predator and a determination that a person is no
longer a sexually violent predator shall be made by the sentencing court
after receiving a report by a State board composed of experts in the
field of the behavior and treatment of sexual offenders.
- (3) DEFINITIONS- For purposes of this section:
- (A) The term `criminal offense against a victim who is a minor' means any criminal offense that consists of--
- (i) kidnapping of a minor, except by a parent;
- (ii) false imprisonment of a minor, except by a parent;
- (iii) criminal sexual conduct toward a minor;
- (iv) solicitation of a minor to engage in sexual conduct;
- (v) use of a minor in a sexual performance;
- (vi) solicitation of a minor to practice prostitution;
- (vii) any conduct that by its nature is a sexual offense against a minor; or
- (viii) an attempt to commit an offense described in any of clauses (i) through (vii), if the State--
- (I) makes such an attempt a criminal offense; and
- (II) chooses to include such an offense in
those which are criminal offenses against a victim who is a minor for
the purposes of this section.
- For purposes of this subparagraph conduct which is
criminal only because of the age of the victim shall not be considered a
criminal offense if the perpetrator is 18 years of age or younger.
- (B) The term `sexually violent offense' means any
criminal offense that consists of aggravated sexual abuse or sexual
abuse (as described in sections 2241 and 2242 of title 18, United States
Code, or as described in the State criminal code) or an offense that
has as its elements engaging in physical contact with another person
with intent to commit aggravated sexual abuse or sexual abuse (as
described in such sections of title 18, United States Code, or as
described in the State criminal code).
- (C) The term `sexually violent predator' means a
person who has been convicted of a sexually violent offense and who
suffers from a mental abnormality or personality disorder that makes the
person likely to engage in predatory sexually violent offenses.
- (D) The term `mental abnormality' means a congenital
or acquired condition of a person that affects the emotional or
volitional capacity of the person in a manner that predisposes that
person to the commission of criminal sexual acts to a degree that makes
the person a menace to the health and safety of other persons.
- (E) The term `predatory' means an act directed at a
stranger, or a person with whom a relationship has been established or
promoted for the primary purpose of victimization.
- (b) REGISTRATION REQUIREMENT UPON RELEASE, PAROLE, SUPERVISED
RELEASE, OR PROBATION- An approved State registration program
established under this section shall contain the following elements:
- (1) DUTY OF STATE PRISON OFFICIAL OR COURT-
- (A) If a person who is required to register under this
section is released from prison, or placed on parole, supervised
release, or probation, a State prison officer, or in the case of
probation, the court, shall--
- (i) inform the person of the duty to register and obtain the information required for such registration;
- (ii) inform the person that if the person changes
residence address, the person shall give the new address to a designated
State law enforcement agency in writing within 10 days;
- (iii) inform the person that if the person changes
residence to another State, the person shall register the new address
with the law enforcement agency with whom the person last registered,
and the person is also required to register with a designated law
enforcement agency in the new State not later than 10 days after
establishing residence in the new State, if the new State has a
registration requirement;
- (iv) obtain fingerprints and a photograph of the
person if these have not already been obtained in connection with the
offense that triggers registration; and
- (v) require the person to read and sign a form
stating that the duty of the person to register under this section has
been explained.
- (B) In addition to the requirements of subparagraph
(A), for a person required to register under subparagraph (B) of
subsection (a)(1), the State prison officer or the court, as the case
may be, shall obtain the name of the person, identifying factors,
anticipated future residence, offense history, and documentation of any
treatment received for the mental abnormality or personality disorder of
the person.
- (2) TRANSFER OF INFORMATION TO STATE AND THE FBI- The
officer, or in the case of a person placed on probation, the court,
shall, within 3 days after receipt of information described in paragraph
(1), forward it to a designated State law enforcement agency. The State
law enforcement agency shall immediately enter the information into the
appropriate State law enforcement record system and notify the
appropriate law enforcement agency having jurisdiction where the person
expects to reside. The State law enforcement agency shall also
immediately transmit the conviction data and fingerprints to the Federal
Bureau of Investigation.
- (3) VERIFICATION-
- (A) For a person required to register under
subparagraph (A) of subsection (a)(1), on each anniversary of the
person's initial registration date during the period in which the person
is required to register under this section the following applies:
- (i) The designated State law enforcement agency
shall mail a nonforwardable verification form to the last reported
address of the person.
- (ii) The person shall mail the verification form
to the designated State law enforcement agency within 10 days after
receipt of the form.
- (iii) The verification form shall be signed by the
person, and state that the person still resides at the address last
reported to the designated State law enforcement agency.
- (iv) If the person fails to mail the verification
form to the designated State law enforcement agency within 10 days after
receipt of the form, the person shall be in violation of this section
unless the person proves that the person has not changed the residence
address.
- (B) The provisions of subparagraph (A) shall be
applied to a person required to register under subparagraph (B) of
subsection (a)(1), except that such person must verify the registration
every 90 days after the date of the initial release or commencement of
parole.
- (4) NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF
CHANGES IN ADDRESS- A change of address by a person required to register
under this section reported to the designated State law enforcement
agency shall be immediately reported to the appropriate law enforcement
agency having jurisdiction where the person is residing. The designated
law enforcement agency shall, if the person changes residence to another
State, notify the law enforcement agency with which the person must
register in the new State, if the new State has a registration
requirement.
- (5) REGISTRATION FOR CHANGE OF ADDRESS TO ANOTHER STATE- A
person who has been convicted of an offense which requires registration
under this section shall register the new address with a designated law
enforcement agency in another State to which the person moves not later
than 10 days after such person establishes residence in the new State,
if the new State has a registration requirement.
- (6) LENGTH OF REGISTRATION-
- (A) A person required to register under subparagraph
(A) of subsection (a)(1) shall continue to comply with this section
until 10 years have elapsed since the person was released from prison,
placed on parole, supervised release, or probation.
- (B) The requirement of a person to register under
subparagraph (B) of subsection (a)(1) shall terminate upon a
determination, made in accordance with paragraph (2) of subsection (a),
that the person no longer suffers from a mental abnormality or
personality disorder that would make the person likely to engage in a
predatory sexually violent offense.
- (c) PENALTY- A person required to register under a State
program established pursuant to this section who knowingly fails to so
register and keep such registration current shall be subject to criminal
penalties in any State in which the person has so failed.
- (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
- (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'.
- (d) DEFINITIONS- Section 113 of title 18, United States Code, is amended by adding at the end the following:
- `(b) As used in this subsection--
- `(1) the term `substantial bodily injury' means bodily injury which involves--
- `(A) a temporary but substantial disfigurement; or
- `(B) a temporary but substantial loss or impairment of the function of any bodily member, organ, or mental faculty; and
- `(2) the term `serious bodily injury' has the meaning given that term in section 1365 of this title.'.
- (e) ASSAULTS IN INDIAN COUNTRY- Section 1153(a) of title 18,
United States Code, is amended by inserting `(as defined in section 1365
of this title), an assault against an individual who has not attained
the age of 16 years' after `serious bodily injury'.
Subtitle C--Missing and Exploited Children
SEC. 170301. SHORT TITLE.
- This subtitle may be cited as the `Morgan P. Hardiman Task Force on Missing and Exploited Children Act'.
SEC. 170302. PURPOSE.
- The purpose of this subtitle is to establish a task force
comprised of law enforcement officers from pertinent Federal agencies to
work with the National Center for Missing and Exploited Children
(referred to as the `Center') and coordinate the provision of Federal
law enforcement resources to assist State and local authorities in
investigating the most difficult cases of missing and exploited
children.
SEC. 170303. ESTABLISHMENT OF TASK FORCE.
- Title IV of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5771 et seq.) is amended--
- (1) by redesignating sections 407 and 408 as sections 408 and 409, respectively; and
- (2) by inserting after section 406 the following new section:
`TASK FORCE
- `SEC. 407. (a) ESTABLISHMENT- There is established a Missing
and Exploited Children's Task Force (referred to as the `Task Force').
- `(b) MEMBERSHIP-
- `(1) IN GENERAL- The Task Force shall include at least 2 members from each of--
- `(A) the Federal Bureau of Investigation;
- `(B) the Secret Service;
- `(C) the Bureau of Alcohol, Tobacco and Firearms;
- `(D) the United States Customs Service;
- `(E) the Postal Inspection Service;
- `(F) the United States Marshals Service; and
- `(G) the Drug Enforcement Administration.
- `(2) CHIEF- A representative of the Federal Bureau of
Investigation (in addition to the members of the Task Force selected
under paragraph (1)(A)) shall act as chief of the Task Force.
- `(3) SELECTION- (A) The Director of the Federal Bureau of Investigation shall select the chief of the Task Force.
- `(B) The heads of the agencies described in paragraph (1)
shall submit to the chief of the Task Force a list of at least 5
prospective Task Force members, and the chief shall select 2, or such
greater number as may be agreeable to an agency head, as Task Force
members.
- `(4) PROFESSIONAL QUALIFICATIONS- The members of the Task
Force shall be law enforcement personnel selected for their expertise
that would enable them to assist in the investigation of cases of
missing and exploited children.
- `(5) STATUS- A member of the Task Force shall remain an
employee of his or her respective agency for all purposes (including the
purpose of performance review), and his or her service on the Task
Force shall be without interruption or loss of civil service privilege
or status and shall be on a nonreimbursable basis.
- `(6) PERIOD OF SERVICE- (A) Subject to subparagraph (B), 1
member from each agency shall initially serve a 1-year term, and the
other member from the same agency shall serve a 1-year term, and may be
selected to a renewal of service for 1 additional year; thereafter, each
new member to serve on the Task Force shall serve for a 2-year period
with the member's term of service beginning and ending in alternate
years with the other member from the same agency; the period of service
for the chief of the Task Force shall be 3 years.
- `(B) The chief of the Task Force may at any time request
the head of an agency described in paragraph (1) to submit a list of 5
prospective Task Force members to replace a member of the Task Force,
for the purpose of maintaining a Task Force membership that will be able
to meet the demands of its caseload.
- `(c) SUPPORT-
- `(1) IN GENERAL- The Administrator of the General Services
Administration, in coordination with the heads of the agencies
described in subsection (b)(1), shall provide the Task Force office
space and administrative and support services, such office space to be
in close proximity to the office of the Center, so as to enable the Task
Force to coordinate its activities with that of the Center on a
day-to-day basis.
- `(2) LEGAL GUIDANCE- The Attorney General shall assign an
attorney to provide legal guidance, as needed, to members of the Task
Force.
- `(d) PURPOSE-
- `(1) IN GENERAL- The purpose of the Task Force shall be to
make available the combined resources and expertise of the agencies
described in paragraph (1) to assist State and local governments in the
most difficult missing and exploited child cases nationwide, as
identified by the chief of the Task Force from time to time, in
consultation with the Center, and as many additional cases as resources
permit, including the provision of assistance to State and local
investigators on location in the field.
- `(2) TECHNICAL ASSISTANCE- The role of the Task Force in
any investigation shall be to provide advice and technical assistance
and to make available the resources of the agencies described in
subsection (b)(1); the Task Force shall not take a leadership role in
any such investigation.
- `(e) CROSS-DESIGNATION OF TASK FORCE MEMBERS- The Attorney
General may cross-designate the members of the Task Force with
jurisdiction to enforce Federal law related to child abduction to the
extent necessary to accomplish the purposes of this section.'.
TITLE XVIII--RURAL CRIME
Subtitle A--Drug Trafficking in Rural Areas
SEC. 180101. AUTHORIZATIONS FOR RURAL LAW ENFORCEMENT AGENCIES.
- (a) AUTHORIZATION OF APPROPRIATIONS- Section 1001(a)(9) of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 is
amended to read as follows:
- `(9) There are authorized to be appropriated to carry out part O--
- `(A) $24,000,000 for fiscal year 1996;
- `(B) $40,000,000 for fiscal year 1997;
- `(C) $50,000,000 for fiscal year 1998;
- `(D) $60,000,000 for fiscal year 1999; and
- `(E) $66,000,000 for fiscal year 2000.'.
- (b) AMENDMENT TO BASE ALLOCATION- Section 1501(a)(2)(A) of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 is
amended by striking `$100,000' and inserting `$250,000'.
- (c) CLARIFICATION- Section 1501(b) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. Sec. 3796bb(b)) is
amended by inserting `, based on the decennial census of 1990 through
fiscal year 1997' before the period.
SEC. 180102. RURAL CRIME AND DRUG ENFORCEMENT TASK FORCES.
- (a) ESTABLISHMENT- The Attorney General, in consultation with
the Governors, mayors, and chief executive officers of State and local
law enforcement agencies, may establish a Rural Crime and Drug
Enforcement Task Force in judicial districts that encompass significant
rural lands. Assets seized as a result of investigations initiated by a
Rural Crime and Drug Enforcement Task Force and forfeited under Federal
law shall be used, consistent with the guidelines on equitable sharing
established by the Attorney General and of the Secretary of the
Treasury, primarily to enhance the operations of the task force and its
participating State and local law enforcement agencies.
- (b) TASK FORCE MEMBERSHIP- The Task Forces established under
subsection (a) shall be carried out under policies and procedures
established by the Attorney General. The Attorney General may deputize
State and local law enforcement officers and may cross-designate up to
100 Federal law enforcement officers, when necessary to undertake
investigations pursuant to section 503(a) of the Controlled Substances
Act (21 U.S.C. 873(a)) or offenses punishable by a term of imprisonment
of 10 years or more under title 18, United States Code. The task
forces--
- (1) shall include representatives from--
- (A) State and local law enforcement agencies;
- (B) the office of the United States Attorney for the judicial district; and
- (C) the Federal Bureau of Investigation, the Drug
Enforcement Administration, the Immigration and Naturalization Service,
and the United States Marshals Service; and
- (2) may include representatives of other Federal law
enforcement agencies, such as the United States Customs Service,
United States Park Police, United States Forest Service, Bureau of
Alcohol, Tobacco, and Firearms, and Bureau of Land Management.
SEC. 180103. RURAL DRUG ENFORCEMENT TRAINING.
- (a) SPECIALIZED TRAINING FOR RURAL OFFICERS- The Director of
the Federal Law Enforcement Training Center shall develop a specialized
course of instruction devoted to training law enforcement officers from
rural agencies in the investigation of drug trafficking and related
crimes.
- (b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out subsection (a)--
- (1) $1,000,000 for fiscal year 1996;
- (2) $1,000,000 for fiscal year 1997;
- (3) $1,000,000 for fiscal year 1998;
- (4) $1,000,000 for fiscal year 1999; and
- (5) $1,000,000 for fiscal year 2000.
SEC. 180104. MORE AGENTS FOR THE DRUG ENFORCEMENT ADMINISTRATION.
- There are authorized to be appropriated for the hiring of additional Drug Enforcement Administration agents--
- (1) $12,000,000 for fiscal year 1996;
- (2) $20,000,000 for fiscal year 1997;
- (3) $30,000,000 for fiscal year 1998;
- (4) $40,000,000 for fiscal year 1999; and
- (5) $48,000,000 for fiscal year 2000.
Subtitle B--Drug Free Truck Stops and Safety Rest Areas
SEC. 180201. DRUG FREE TRUCK STOPS AND SAFETY REST AREAS.
- (a) SHORT TITLE- This section may be cited as the `Drug Free Truck Stop Act'.
- (b) AMENDMENT TO CONTROLLED SUBSTANCES ACT-
- (1) IN GENERAL- Part D of the Controlled Substances Act
(21 U.S.C. 801 et seq.) is amended by inserting after section 408 the
following new section:
`transportation safety offenses
- `SEC. 409. (a) DEFINITIONS- In this section--
- `safety rest area' means a roadside facility with parking facilities for the rest or other needs of motorists.
- `truck stop' means a facility (including any parking lot appurtenant thereto) that--
- `(A) has the capacity to provide fuel or service, or
both, to any commercial motor vehicle (as defined in section 31301 of
title 49, United States Code), operating in commerce (as defined in that
section); and
- `(B) is located within 2,500 feet of the National System of Interstate and Defense Highways or the Federal-Aid Primary System.
- `(b) FIRST OFFENSE- A person who violates section 401(a)(1) or
section 416 by distributing or possessing with intent to distribute a
controlled substance in or on, or within 1,000 feet of, a truck stop or
safety rest area is (except as provided in subsection (b)) subject to--
- `(1) twice the maximum punishment authorized by section 401(b); and
- `(2) twice any term of supervised release authorized by section 401(b) for a first offense.
- `(c) SUBSEQUENT OFFENSE- A person who violates section
401(a)(1) or section 416 by distributing or possessing with intent to
distribute a controlled substance in or on, or within 1,000 feet of, a
truck stop or a safety rest area after a prior conviction or convictions
under subsection (a) have become final is subject to--
- `(1) 3 times the maximum punishment authorized by section 401(b); and
- `(2) 3 times any term of supervised release authorized by section 401(b) for a first offense.'.
- (2) TECHNICAL AMENDMENTS-
- (A) CROSS REFERENCE- Section 401(b) of the Controlled
Substances Act (21 U.S.C. 841(b)) is amended by inserting `409,' before
`418,' each place it appears.
- (B) TABLE OF CONTENTS- The table of contents of the
Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended
by striking the item relating to section 409 and inserting the following
new item:
- `Sec. 409. Transportation safety offenses.'.
- (c) SENTENCING GUIDELINES- Pursuant to its authority under
section 994 of title 28, United States Code, and section 21 of the
Sentencing Act of 1987 (28 U.S.C. 994 note), the United States
Sentencing Commission shall promulgate guidelines, or shall amend
existing guidelines, to provide an appropriate enhancement of punishment
for a defendant convicted of violating section 409 of the Controlled
Substances Act, as added by subsection (b).
Subtitle C--Sense of Congress Regarding Funding for Rural Areas
SEC. 180301. FUNDING FOR RURAL AREAS.
- It is the sense of Congress that--
- (1) the Attorney General should ensure that funding for
programs authorized by the provisions of this Act and amendments made by
this Act is distributed in such a manner that rural areas continue to
receive comparable support for their broad-based crime fighting
initiatives;
- (2) rural communities should not receive less funding than
they received in fiscal year 1994 for anti-crime initiatives as a
result of any legislative or administrative actions; and
- (3) to the maximum extent possible, funding for the Edward
Byrne Memorial State and Local Law Enforcement Assistance Program
should be maintained at its fiscal year 1994 level.
TITLE XIX--FEDERAL LAW ENFORCEMENT
SEC. 190001. FEDERAL JUDICIARY AND FEDERAL LAW ENFORCEMENT.
- (a) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE FEDERAL JUDICIARY-
- FEDERAL JUDICIARY- There are authorized to be appropriated
for the activities of the Federal Judiciary to help meet the increased
demands for judicial activities, including supervised release,
pre-trial and probation services, that will result from enactment into
law of this Act--
- (A) $30,000,000 for fiscal year 1996;
- (B) $35,000,000 for fiscal year 1997;
- (C) $40,000,000 for fiscal year 1998;
- (D) $40,000,000 for fiscal year 1999; and
- (E) $55,000,000 for fiscal year 2000.
- (b) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE
DEPARTMENT OF JUSTICE- There is authorized to be appropriated for the
activities and agencies of the Department of Justice, in addition to
sums authorized elsewhere in this section, to help meet the increased
demands for Department of Justice activities that will result from
enactment into law of this Act--
- (A) $40,000,000 for fiscal year 1996;
- (B) $40,000,000 for fiscal year 1997;
- (C) $40,000,000 for fiscal year 1998;
- (D) $40,000,000 for fiscal year 1999; and
- (E) $39,000,000 for fiscal year 2000.
- (c) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE FEDERAL
BUREAU OF INVESTIGATION- There is authorized to be appropriated for the
activities of the Federal Bureau of Investigation, to help meet the
increased demands for Federal Bureau of Investigation activities that
will result from enactment into law of this Act--
- (A) $35,000,000 for fiscal year 1996;
- (B) $40,000,000 for fiscal year 1997;
- (C) $50,000,000 for fiscal year 1998;
- (D) $60,000,000 for fiscal year 1999; and
- (E) $60,000,000 for fiscal year 2000.
- (d) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR UNITED
STATES ATTORNEYS- There is authorized to be appropriated for the account
Department of Justice, Legal Activities, `Salaries and expenses, United
States Attorneys', to help meet the increased demands for litigation
and related activities which will result from enactment into law of this
Act--
- (A) $5,000,000 for fiscal year 1996;
- (B) $8,000,000 for fiscal year 1997;
- (C) $10,000,000 for fiscal year 1998;
- (D) $12,000,000 for fiscal year 1999; and
- (E) $15,000,000 for fiscal year 2000.
(e) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE DEPARTMENT OF THE TREASURY- There is authorized to be appropriated for the activities of the Bureau of Alcohol, Tobacco, and Firearms, the United States Customs Service, the Financial Crimes Enforcement Network, the Federal Law Enforcement Training Center, the Criminal Investigation Division of the Internal Revenue Service, and the United States Secret Service to help meet the increased demands for Department of the Treasury activities that will result from enactment into law of this Act--
- (A) $30,000,000 for fiscal year 1995;
- (B) $70,000,000 for fiscal year 1996;
- (C) $90,000,000 for fiscal year 1997;
- (D) $110,000,000 for fiscal year 1998;
- (E) $125,000,000 for fiscal year 1999; and
- (F) $125,000,000 for fiscal year 2000.
TITLE XX--POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING AND EDUCATION
Subtitle A--Police Corps
SEC. 200101. SHORT TITLE.
- This subtitle may be cited as the `Police Corps Act'.
SEC. 200102. PURPOSES.
- The purposes of this subtitle are to--
- (1) address violent crime by increasing the number of police with advanced education and training on community patrol; and
- (2) provide educational assistance to law enforcement
personnel and to students who possess a sincere interest in public
service in the form of law enforcement.
SEC. 200103. DEFINITIONS.
- In this subtitle--
- `academic year' means a traditional academic year beginning in August or September and ending in the following May or June.
- `dependent child' means a natural or adopted child or
stepchild of a law enforcement officer who at the time of the officer's
death--
- (A) was no more than 21 years old; or
- (B) if older than 21 years, was in fact dependent on
the child's parents for at least one-half of the child's support
(excluding educational expenses), as determined by the Director.
- `Director' means the Director of the Office of the Police Corps and Law Enforcement Education appointed under section 200104.
- `educational expenses' means expenses that are directly attributable to--
- (A) a course of education leading to the award of the baccalaureate degree in legal- or criminal justice-related studies; or
- (B) a course of graduate study legal or criminal justice studies following award of a baccalaureate degree,
- including the cost of tuition, fees, books, supplies, transportation, room and board and miscellaneous expenses.
- `institution of higher education' has the meaning stated
in the first sentence of section 1201(a) of the Higher Education Act of
1965 (20 U.S.C. 1141(a)).
- `participant' means a participant in the Police Corps program selected pursuant to section 200106.
- `State' means a State of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
American Samoa, Guam, and the Commonwealth of the Northern Mariana
Islands.
- `State Police Corps program' means a State police corps program that meets the requirements of section 200110.
SEC. 200104. ESTABLISHMENT OF OFFICE OF THE POLICE CORPS AND LAW ENFORCEMENT EDUCATION.
- There is established in the Department of Justice, under the
general authority of the Attorney General, an Office of the Police Corps
and Law Enforcement Education.
SEC. 200105. DESIGNATION OF LEAD AGENCY AND SUBMISSION OF STATE PLAN.
- (a) LEAD AGENCY- A State that desires to participate in the
Police Corps program under this subtitle shall designate a lead agency
that will be responsible for--
- (1) submitting to the Director a State plan described in subsection (b); and
- (2) administering the program in the State.
- (b) STATE PLANS- A State plan shall--
- (1) contain assurances that the lead agency shall work in
cooperation with the local law enforcement liaisons, representatives of
police labor organizations and police management organizations, and
other appropriate State and local agencies to develop and implement
interagency agreements designed to carry out the program;
- (2) contain assurances that the State shall advertise the assistance available under this subtitle;
- (3) contain assurances that the State shall screen and select law enforcement personnel for participation in the program; and
- (4) meet the requirements of section 200110.
SEC. 200106. SCHOLARSHIP ASSISTANCE.
- (a) SCHOLARSHIPS AUTHORIZED- (1) The Director may award
scholarships to participants who agree to work in a State or local
police force in accordance with agreements entered into pursuant to
subsection (d).
- (2)(A) Except as provided in subparagraph (B), each
scholarship payment made under this section for each academic year shall
not exceed--
- (i) $7,500; or
- (ii) the cost of the educational expenses related to attending an institution of higher education.
- (B) In the case of a participant who is pursuing a course of
educational study during substantially an entire calendar year, the
amount of scholarship payments made during such year shall not exceed
$10,000.
- (C) The total amount of scholarship assistance received by any one student under this section shall not exceed $30,000.
- (3) Recipients of scholarship assistance under this section
shall continue to receive such scholarship payments only during such
periods as the Director finds that the recipient is maintaining
satisfactory progress as determined by the institution of higher
education the recipient is attending.
- (4)(A) The Director shall make scholarship payments under this
section directly to the institution of higher education that the
student is attending.
- (B) Each institution of higher education receiving a payment
on behalf of a participant pursuant to subparagraph (A) shall remit to
such student any funds in excess of the costs of tuition, fees, and room
and board payable to the institution.
- (b) REIMBURSEMENT AUTHORIZED- (1) The Director may make
payments to a participant to reimburse such participant for the costs of
educational expenses if the student agrees to work in a State or local
police force in accordance with the agreement entered into pursuant to
subsection (d).
- (2)(A) Each payment made pursuant to paragraph (1) for each academic year of study shall not exceed--
- (i) $7,500; or
- (ii) the cost of educational expenses related to attending an institution of higher education.
- (B) In the case of a participant who is pursuing a course of
educational study during substantially an entire calendar year, the
amount of scholarship payments made during such year shall not exceed
$10,000.
- (C) The total amount of payments made pursuant to subparagraph (A) to any 1 student shall not exceed $30,000.
- (c) USE OF SCHOLARSHIP- Scholarships awarded under this
subsection shall only be used to attend a 4-year institution of higher
education, except that--
- (1) scholarships may be used for graduate and professional study; and
- (2) if a participant has enrolled in the program upon or
after transfer to a 4-year institution of higher education, the Director
may reimburse the participant for the participant's prior educational
expenses.
- (d) AGREEMENT- (1)(A) Each participant receiving a scholarship
or a payment under this section shall enter into an agreement with the
Director.
- (B) An agreement under subparagraph (A) shall contain assurances that the participant shall--
- (i) after successful completion of a baccalaureate program
and training as prescribed in section 200108, work for 4 years in a
State or local police force without there having arisen sufficient cause
for the participant's dismissal under the rules applicable to members
of the police force of which the participant is a member;
- (ii) complete satisfactorily--
- (I) an educational course of study and receipt of a
baccalaureate degree (in the case of undergraduate study) or the reward
of credit to the participant for having completed one or more graduate
courses (in the case of graduate study); and
- (II) Police Corps training and certification by the
Director that the participant has met such performance standards as may
be established pursuant to section 200108; and
- (iii) repay all of the scholarship or payment received
plus interest at the rate of 10 percent if the conditions of clauses (i)
and (ii) are not complied with.
- (2)(A) A recipient of a scholarship or payment under this
section shall not be considered to be in violation of the agreement
entered into pursuant to paragraph (1) if the recipient--
- (i) dies; or
- (ii) becomes permanently and totally disabled as established by the sworn affidavit of a qualified physician.
- (B) If a scholarship recipient is unable to comply with the
repayment provision set forth in paragraph (1)(B)(ii) because of a
physical or emotional disability or for good cause as determined by the
Director, the Director may substitute community service in a form
prescribed by the Director for the required repayment.
- (C) The Director shall expeditiously seek repayment from a participant who violates an agreement described in paragraph (1).
- (e) DEPENDENT CHILD- A dependent child of a law enforcement officer--
- (1) who is a member of a State or local police force or is a Federal criminal investigator or uniformed police officer,
- (2) who is not a participant in the Police Corps program, but
- (3) who serves in a State for which the Director has approved a Police Corps plan, and
- (4) who is killed in the course of performing police duties,
- shall be entitled to the scholarship assistance authorized in
this section for any course of study in any accredited institution of
higher education. Such dependent child shall not incur any repayment
obligation in exchange for the scholarship assistance provided in this
section.
- (f) APPLICATION- Each participant desiring a scholarship or
payment under this section shall submit an application as prescribed by
the Director in such manner and accompanied by such information as the
Director may reasonably require.
SEC. 200107. SELECTION OF PARTICIPANTS.
- (a) IN GENERAL- Participants in State Police Corps programs
shall be selected on a competitive basis by each State under regulations
prescribed by the Director.
- (b) SELECTION CRITERIA AND QUALIFICATIONS- (1) In order to participate in a State Police Corps program, a participant shall--
- (A) be a citizen of the United States or an alien lawfully admitted for permanent residence in the United States;
- (B) meet the requirements for admission as a trainee of
the State or local police force to which the participant will be
assigned pursuant to section 200110(5), including achievement of
satisfactory scores on any applicable examination, except that failure
to meet the age requirement for a trainee of the State or local police
shall not disqualify the applicant if the applicant will be of
sufficient age upon completing an undergraduate course of study;
- (C) possess the necessary mental and physical capabilities
and emotional characteristics to discharge effectively the duties of a
law enforcement officer;
- (D) be of good character and demonstrate sincere motivation and dedication to law enforcement and public service;
- (E) in the case of an undergraduate, agree in writing that
the participant will complete an educational course of study leading to
the award of a baccalaureate degree and will then accept an appointment
and complete 4 years of service as an officer in the State police or in
a local police department within the State;
- (F) in the case of a participant desiring to undertake or
continue graduate study, agree in writing that the participant will
accept an appointment and complete 4 years of service as an officer in
the State police or in a local police department within the State before
undertaking or continuing graduate study;
- (G) contract, with the consent of the participant's parent
or guardian if the participant is a minor, to serve for 4 years as an
officer in the State police or in a local police department, if an
appointment is offered; and
- (H) except as provided in paragraph (2), be without previous law enforcement experience.
- (2)(A) Until the date that is 5 years after the date of
enactment of this Act, up to 10 percent of the applicants accepted into
the Police Corps program may be persons who--
- (i) have had some law enforcement experience; and
- (ii) have demonstrated special leadership potential and dedication to law enforcement.
- (B)(i) The prior period of law enforcement of a participant
selected pursuant to subparagraph (A) shall not be counted toward
satisfaction of the participant's 4-year service obligation under
section 200109, and such a participant shall be subject to the same
benefits and obligations under this subtitle as other participants,
including those stated in section (b)(1) (E) and (F).
- (ii) Clause (i) shall not be construed to preclude counting a
participant's previous period of law enforcement experience for purposes
other than satisfaction of the requirements of section 200109, such as
for purposes of determining such a participant's pay and other benefits,
rank, and tenure.
- (3) It is the intent of this subtitle that there shall be no
more than 20,000 participants in each graduating class. The Director
shall approve State plans providing in the aggregate for such enrollment
of applicants as shall assure, as nearly as possible, annual graduating
classes of 20,000. In a year in which applications are received in a
number greater than that which will produce, in the judgment of the
Director, a graduating class of more than 20,000, the Director shall, in
deciding which applications to grant, give preference to those who will
be participating in State plans that provide law enforcement personnel
to areas of greatest need.
- (c) RECRUITMENT OF MINORITIES- Each State participating in the
Police Corps program shall make special efforts to seek and recruit
applicants from among members of all racial, ethnic or gender groups.
This subsection does not authorize an exception from the competitive
standards for admission established pursuant to subsections (a) and (b).
- (d) ENROLLMENT OF APPLICANT- (1) An applicant shall be
accepted into a State Police Corps program on the condition that the
applicant will be matriculated in, or accepted for admission at, a
4-year institution of higher education--
- (A) as a full-time student in an undergraduate program; or
- (B) for purposes of taking a graduate course.
- (2) If the applicant is not matriculated or accepted as set
forth in paragraph (1), the applicant's acceptance in the program shall
be revoked.
- (e) LEAVE OF ABSENCE- (1) A participant in a State Police
Corps program who requests a leave of absence from educational study,
training or service for a period not to exceed 1 year (or 18 months in
the aggregate in the event of multiple requests) due to temporary
physical or emotional disability shall be granted such leave of absence
by the State.
- (2) A participant who requests a leave of absence from
educational study, training or service for a period not to exceed 1 year
(or 18 months in the aggregate in the event of multiple requests) for
any reason other than those listed in paragraph (1) may be granted such
leave of absence by the State.
- (3) A participant who requests a leave of absence from
educational study or training for a period not to exceed 30 months to
serve on an official church mission may be granted such leave of
absence.
- (f) ADMISSION OF APPLICANTS- An applicant may be admitted into
a State Police Corps program either before commencement of or during
the applicant's course of educational study.
SEC. 200108. POLICE CORPS TRAINING.
- (a) IN GENERAL- (1) The Director shall establish programs of
training for Police Corps participants. Such programs may be carried out
at up to 3 training centers established for this purpose and
administered by the Director, or by contracting with existing State
training facilities. The Director shall contract with a State training
facility upon request of such facility if the Director determines that
such facility offers a course of training substantially equivalent to
the Police Corps training program described in this subtitle.
- (2) The Director may enter into contracts with individuals,
institutions of learning, and government agencies (including State and
local police forces) to obtain the services of persons qualified to
participate in and contribute to the training process.
- (3) The Director may enter into agreements with agencies of
the Federal Government to utilize on a reimbursable basis space in
Federal buildings and other resources.
- (4) The Director may authorize such expenditures as are
necessary for the effective maintenance of the training centers,
including purchases of supplies, uniforms, and educational materials,
and the provision of subsistence, quarters, and medical care to
participants.
- (b) TRAINING SESSIONS- A participant in a State Police Corps
program shall attend two 8-week training sessions at a training center,
one during the summer following completion of sophomore year and one
during the summer following completion of junior year. If a participant
enters the program after sophomore year, the participant shall complete
16 weeks of training at times determined by the Director.
- (c) FURTHER TRAINING- The 16 weeks of Police Corps training
authorized in this section is intended to serve as basic law enforcement
training but not to exclude further training of participants by the
State and local authorities to which they will be assigned. Each State
plan approved by the Director under section 10 shall include assurances
that following completion of a participant's course of education each
participant shall receive appropriate additional training by the State
or local authority to which the participant is assigned. The time spent
by a participant in such additional training, but not the time spent in
Police Corps training, shall be counted toward fulfillment of the
participant's 4-year service obligation.
- (d) COURSE OF TRAINING- The training sessions at training
centers established under this section shall be designed to provide
basic law enforcement training, including vigorous physical and mental
training to teach participants self-discipline and organizational
loyalty and to impart knowledge and understanding of legal processes and
law enforcement.
- (e) EVALUATION OF PARTICIPANTS- A participant shall be
evaluated during training for mental, physical, and emotional fitness,
and shall be required to meet performance standards prescribed by the
Director at the conclusion of each training session in order to remain
in the Police Corps program.
- (f) STIPEND- The Director shall pay participants in training sessions a stipend of $250 a week during training.
SEC. 200109. SERVICE OBLIGATION.
- (a) SWEARING IN- Upon satisfactory completion of the
participant's course of education and training program established in
section 200108 and meeting the requirements of the police force to which
the participant is assigned, a participant shall be sworn in as a
member of the police force to which the participant is assigned pursuant
to the State Police Corps plan, and shall serve for 4 years as a member
of that police force.
- (b) RIGHTS AND RESPONSIBILITIES- A participant shall have all
of the rights and responsibilities of and shall be subject to all rules
and regulations applicable to other members of the police force of which
the participant is a member, including those contained in applicable
agreements with labor organizations and those provided by State and
local law.
- (c) DISCIPLINE- If the police force of which the participant
is a member subjects the participant to discipline such as would
preclude the participant's completing 4 years of service, and result in
denial of educational assistance under section 200106, the Director may,
upon a showing of good cause, permit the participant to complete the
service obligation in an equivalent alternative law enforcement service
and, if such service is satisfactorily completed, section
200106(d)(1)(B)(iii) shall not apply.
- (d) LAYOFFS- If the police force of which the participant is a
member lays off the participant such as would preclude the
participant's completing 4 years of service, and result in denial of
educational assistance under section 200106, the Director may permit the
participant to complete the service obligation in an equivalent
alternative law enforcement service and, if such service is
satisfactorily completed, section 200106(d)(1)(B)(iii) shall not apply.
SEC. 200110. STATE PLAN REQUIREMENTS.
- A State Police Corps plan shall--
- (1) provide for the screening and selection of participants in accordance with the criteria set out in section 200107;
- (2) state procedures governing the assignment of
participants in the Police Corps program to State and local police
forces (no more than 10 percent of all the participants assigned in each
year by each State to be assigned to a statewide police force or
forces);
- (3) provide that participants shall be assigned to those geographic areas in which--
- (A) there is the greatest need for additional law enforcement personnel; and
- (B) the participants will be used most effectively;
- (4) provide that to the extent consistent with paragraph
(3), a participant shall be assigned to an area near the participant's
home or such other place as the participant may request;
- (5) provide that to the extent feasible, a participant's
assignment shall be made at the time the participant is accepted into
the program, subject to change--
- (A) prior to commencement of a participant's fourth
year of undergraduate study, under such circumstances as the plan may
specify; and
- (B) from commencement of a participant's fourth year
of undergraduate study until completion of 4 years of police service by
participant, only for compelling reasons or to meet the needs of the
State Police Corps program and only with the consent of the participant;
- (6) provide that no participant shall be assigned to serve with a local police force--
- (A) whose size has declined by more than 5 percent since June 21, 1989; or
- (B) which has members who have been laid off but not retired;
- (7) provide that participants shall be placed and to the extent feasible kept on community and preventive patrol;
- (8) ensure that participants will receive effective training and leadership;
- (9) provide that the State may decline to offer a
participant an appointment following completion of Federal training, or
may remove a participant from the Police Corps program at any time, only
for good cause (including failure to make satisfactory progress in a
course of educational study) and after following reasonable review
procedures stated in the plan; and
- (10) provide that a participant shall, while serving as a
member of a police force, be compensated at the same rate of pay and
benefits and enjoy the same rights under applicable agreements with
labor organizations and under State and local law as other police
officers of the same rank and tenure in the police force of which the
participant is a member.
SEC. 200111. ASSISTANCE TO STATES AND LOCALITIES EMPLOYING POLICE CORPS OFFICERS.
- Each jurisdiction directly employing Police Corps participants
during the 4-year term of service prescribed by section 200109 shall
receive $10,000 on account of each such participant at the completion of
each such year of service, but--
- (1) no such payment shall be made on account of service in any State or local police force--
- (A) whose average size, in the year for which payment
is to be made, not counting Police Corps participants assigned under
section 106, has declined more than 2 percent since January 1, 1993; or
- (B) which has members who have been laid off but not retired; and
- (2) no such payment shall be made on account of any Police
Corps participant for years of service after the completion of the term
of service prescribed in section 200109.
SEC. 200112. AUTHORIZATION OF APPROPRIATIONS.
- There are authorized to be appropriated 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.
- `institution of higher education' has the meaning stated
in the first sentence of section 1201(a) of the Higher Education Act of
1965 (20 U.S.C. 1141(a)).
- `law enforcement position' means employment as an officer in a State or local police force, or correctional institution.
- `State' means a State of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the
United States, American Samoa, Guam, and the Commonwealth of the
Northern Mariana Islands.
SEC. 200203. ALLOTMENT.
- From amounts appropriated under section 200210, the Director shall allot--
- (1) 80 percent of such amounts to States on the basis of
the number of law enforcement officers in each State compared to the
number of law enforcement officers in all States; and
- (2) 20 percent of such amounts to States on the basis of
the shortage of law enforcement personnel and the need for assistance
under this subtitle in the State compared to the shortage of law
enforcement personnel and the need for assistance under this subtitle in
all States.
SEC. 200204. ESTABLISHMENT OF PROGRAM.
- (a) USE OF ALLOTMENT-
- (1) IN GENERAL- A State that receives an allotment
pursuant to section 200203 shall use the allotment to pay the Federal
share of the costs of--
- (A) awarding scholarships to in-service law enforcement personnel to enable such personnel to seek further education; and
- (B) providing--
- (i) full-time employment in summer; or
- (ii) part-time (not to exceed 20 hours per week) employment for a period not to exceed 1 year.
- (2) EMPLOYMENT- The employment described in paragraph (1)(B)--
- (A) shall be provided by State and local law
enforcement agencies for students who are juniors or seniors in high
school or are enrolled in an institution of higher education and who
demonstrate an interest in undertaking a career in law enforcement;
- (B) shall not be in a law enforcement position; and
- (C) shall consist of performing meaningful tasks that
inform students of the nature of the tasks performed by law enforcement
agencies.
- (b) PAYMENTS; FEDERAL SHARE; NON-FEDERAL SHARE-
- (1) PAYMENTS- Subject to the availability of
appropriations, the Director shall pay to each State that receives an
allotment under section 200203 the Federal share of the cost of the
activities described in the application submitted pursuant to section
200203.
- (2) FEDERAL SHARE- The Federal share shall not exceed 60 percent.
- (3) NON-FEDERAL SHARE- The non-Federal share of the cost
of scholarships and student employment provided under this subtitle
shall be supplied from sources other than the Federal Government.
- (c) RESPONSIBILITIES OF DIRECTOR- The Director shall be
responsible for the administration of the programs conducted pursuant to
this subtitle and shall, in consultation with the Assistant Secretary
for Postsecondary Education, issue rules to implement this subtitle.
- (d) ADMINISTRATIVE EXPENSES- A State that receives an
allotment under section 200203 may reserve not more than 8 percent of
the allotment for administrative expenses.
- (e) SPECIAL RULE- A State that receives an allotment under
section 200203 shall ensure that each scholarship recipient under this
subtitle be compensated at the same rate of pay and benefits and enjoy
the same rights under applicable agreements with labor organizations and
under State and local law as other law enforcement personnel of the
same rank and tenure in the office of which the scholarship recipient is
a member.
- (f) SUPPLEMENTATION OF FUNDING- Funds received under this
subtitle shall only be used to supplement, and not to supplant, Federal,
State, or local efforts for recruitment and education of law
enforcement personnel.
SEC. 200205. SCHOLARSHIPS.
- (a) PERIOD OF AWARD- Scholarships awarded under this subtitle shall be for a period of 1 academic year.
- (b) USE OF SCHOLARSHIPS- Each individual awarded a scholarship
under this subtitle may use the scholarship for educational expenses at
an institution of higher education.
SEC. 200206. ELIGIBILITY.
- (a) SCHOLARSHIPS- A person shall be eligible to receive a
scholarship under this subtitle if the person has been employed in law
enforcement for the 2-year period immediately preceding the date on
which assistance is sought.
- (b) INELIGIBILITY FOR STUDENT EMPLOYMENT- A person who has
been employed as a law enforcement officer is ineligible to participate
in a student employment program carried out under this subtitle.
SEC. 200207. STATE APPLICATION.
- (a) IN GENERAL- Each State desiring an allotment under section
200203 shall submit an application to the Director at such time, in
such manner, and accompanied by such information as the Director may
reasonably require.
- (b) CONTENTS- An application under subsection (a) shall--
- (1) describe the scholarship program and the student employment program for which assistance under this subtitle is sought;
- (2) contain assurances that the lead agency will work in
cooperation with the local law enforcement liaisons, representatives of
police labor organizations and police management organizations, and
other appropriate State and local agencies to develop and implement
interagency agreements designed to carry out this subtitle;
- (3) contain assurances that the State will advertise the
scholarship assistance and student employment it will provide under this
subtitle and that the State will use such programs to enhance
recruitment efforts;
- (4) contain assurances that the State will screen and
select law enforcement personnel for participation in the scholarship
program under this subtitle;
- (5) contain assurances that under such student employment
program the State will screen and select, for participation in such
program, students who have an interest in undertaking a career in law
enforcement;
- (6) contain assurances that under such scholarship program
the State will make scholarship payments to institutions of higher
education on behalf of persons who receive scholarships under this
subtitle;
- (7) with respect to such student employment program, identify--
- (A) the employment tasks that students will be assigned to perform;
- (B) the compensation that students will be paid to perform such tasks; and
- (C) the training that students will receive as part of their participation in the program;
- (8) identify model curriculum and existing programs
designed to meet the educational and professional needs of law
enforcement personnel; and
- (9) contain assurances that the State will promote
cooperative agreements with educational and law enforcement agencies to
enhance law enforcement personnel recruitment efforts in institutions of
higher education.
SEC. 200208. LOCAL APPLICATION.
- (a) IN GENERAL- A person who desires a scholarship or
employment under this subtitle shall submit an application to the State
at such time, in such manner, and accompanied by such information as the
State may reasonably require.
- (b) CONTENTS- An application under subsection (a) shall describe--
- (1) the academic courses for which a scholarship is sought; or
- (2) the location and duration of employment that is sought.
- (c) PRIORITY- In awarding scholarships and providing student
employment under this subtitle, each State shall give priority to
applications from persons who are--
- (1) members of racial, ethnic, or gender groups whose
representation in the law enforcement agencies within the State is
substantially less than in the population eligible for employment in law
enforcement in the State;
- (2) pursuing an undergraduate degree; and
- (3) not receiving financial assistance under the Higher Education Act of 1965.
SEC. 200209. SCHOLARSHIP AGREEMENT.
- (a) IN GENERAL- A person who receives a scholarship under this subtitle shall enter into an agreement with the Director.
- (b) CONTENTS- An agreement described in subsection (a) shall--
- (1) provide assurances that the scholarship recipient will
work in a law enforcement position in the State that awarded the
scholarship in accordance with the service obligation described in
subsection (c) after completion of the scholarship recipient's academic
courses leading to an associate, bachelor, or graduate degree;
- (2) provide assurances that the scholarship recipient will
repay the entire scholarship in accordance with such terms and
conditions as the Director shall prescribe if the requirements of the
agreement are not complied with, unless the scholarship recipient--
- (A) dies;
- (B) becomes physically or emotionally disabled, as established by the sworn affidavit of a qualified physician; or
- (C) has been discharged in bankruptcy; and
- (3) set forth the terms and conditions under which the
scholarship recipient may seek employment in the field of law
enforcement in a State other than the State that awarded the
scholarship.
- (c) SERVICE OBLIGATION-
- (1) IN GENERAL- Except as provided in paragraph (2), a
person who receives a scholarship under this subtitle shall work in a
law enforcement position in the State that awarded the scholarship for a
period of 1 month for each credit hour for which funds are received
under the scholarship.
- (2) SPECIAL RULE- For purposes of satisfying the
requirement of paragraph (1), a scholarship recipient shall work in a
law enforcement position in the State that awarded the scholarship for
not less than 6 months but shall not be required to work in such a
position for more than 2 years.
SEC. 200210. AUTHORIZATION OF APPROPRIATIONS.
- (a) GENERAL AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this subtitle--
- (1) $20,000,000 for fiscal year 1996;
- (2) $20,000,000 for fiscal year 1997;
- (3) $20,000,000 for fiscal year 1998;
- (4) $20,000,000 for fiscal year 1999; and
- (5) $20,000,000 for fiscal year 2000.
- (b) USES OF FUNDS- Of the funds appropriated under subsection (a) for a fiscal year--
- (1) 80 percent shall be available to provide scholarships described in section 200204(a)(1)(A); and
- (2) 20 percent shall be available to provide employment described in sections 200204(a)(1)(B) and 200204(a)(2).
TITLE XXI--STATE AND LOCAL LAW ENFORCEMENT
Subtitle A--Byrne Program
SEC. 210101. EXTENSION OF BYRNE GRANT FUNDING.
- There is authorized to be appropriated for fiscal years 1995
through 2000 such sums as may be necessary to carry out the programs
under parts D and E of title I of the Omnibus Crime Control and Safe
Streets Act of 1968, of which the following amounts may be appropriated
from the Violent Crime Reduction Trust Fund:
- (1) $580,000,000 for fiscal year 1995;
- (2) $130,000,000 for fiscal year 1996;
- (3) $100,000,000 for fiscal year 1997;
- (4) $75,000,000 for fiscal year 1998;
- (5) $70,000,000 for fiscal year 1999; and
- (6) $45,000,000 for fiscal year 2000.
Subtitle B--Law Enforcement Family Support
SEC. 210201. LAW ENFORCEMENT FAMILY SUPPORT.
- (a) IN GENERAL- Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section
50001(a), is amended--
- (1) by redesignating part W as part X;
- (2) by redesignating section 2301 as 2401; and
- (3) by inserting after part V the following new part:
`PART W--FAMILY SUPPORT
`SEC. 2301. DUTIES.
- `The Attorney General shall--
- `(1) establish guidelines and oversee the implementation
of family-friendly policies within law enforcement-related offices and
divisions in the Department of Justice;
- `(2) study the effects of stress on law enforcement
personnel and family well-being and disseminate the findings of such
studies to Federal, State, and local law enforcement agencies, related
organizations, and other interested parties;
- `(3) identify and evaluate model programs that provide support services to law enforcement personnel and families;
- `(4) provide technical assistance and training programs to
develop stress reduction and family support to State and local law
enforcement agencies;
- `(5) collect and disseminate information regarding family
support, stress reduction, and psychological services to Federal, State,
and local law enforcement agencies, law enforcement-related
organizations, and other interested entities; and
- `(6) determine issues to be researched by the Department of Justice and by grant recipients.
`SEC. 2302. GENERAL AUTHORIZATION.
- `The Attorney General may make grants to States and local law
enforcement agencies and to organizations representing State or local
law enforcement personnel to provide family support services to law
enforcement personnel.
`SEC. 2303. USES OF FUNDS.
- `(a) IN GENERAL- A State or local law enforcement agency or
organization that receives a grant under this Act shall use amounts
provided under the grant to establish or improve training and support
programs for law enforcement personnel.
- `(b) REQUIRED ACTIVITIES- A law enforcement agency or
organization that receives funds under this part shall provide at least
one of the following services:
- `(1) Counseling for law enforcement family members.
- `(2) Child care on a 24-hour basis.
- `(3) Marital and adolescent support groups.
- `(4) Stress reduction programs.
- `(5) Stress education for law enforcement recruits and families.
- `(6) Technical assistance and training programs to support
any or all of the services described in paragraphs (1), (2), (3), (4),
and (5).
- `(c) OPTIONAL ACTIVITIES- A law enforcement agency or
organization that receives funds under this part may provide the
following services:
- `(1) Post-shooting debriefing for officers and their spouses.
- `(2) Group therapy.
- `(3) Hypertension clinics.
- `(4) Critical incident response on a 24-hour basis.
- `(5) Law enforcement family crisis telephone services on a 24-hour basis.
- `(6) Counseling for law enforcement personnel exposed to the human immunodeficiency virus.
- `(7) Counseling for peers.
- `(8) Counseling for families of personnel killed in the line of duty.
- `(9) Seminars regarding alcohol, drug use, gambling, and overeating.
- `(10) Technical assistance and training to support any or
all of the services described in paragraphs (1), (2), (3), (4), (5),
(6), (7), (8), and (9).
`SEC. 2304. APPLICATIONS.
- `A law enforcement agency or organization desiring to receive a
grant under this part shall submit to the Attorney General an
application at such time, in such manner, and containing or accompanied
by such information as the Attorney General may reasonably require. Such
application shall--
- `(1) certify that the law enforcement agency shall match
all Federal funds with an equal amount of cash or in-kind goods or
services from other non-Federal sources;
- `(2) include a statement from the highest ranking law
enforcement official from the State or locality or from the highest
ranking official from the organization applying for the grant that
attests to the need and intended use of services to be provided with
grant funds; and
- `(3) assure that the Attorney General or the Comptroller
General of the United States shall have access to all records related to
the receipt and use of grant funds received under this part.
`SEC. 2305. AWARD OF GRANTS; LIMITATION.
- `(a) GRANT DISTRIBUTION- In approving grants under this part,
the Attorney General shall assure an equitable distribution of
assistance among the States, among urban and rural areas of the United
States, and among urban and rural areas of a State.
- `(b) DURATION- The Attorney General may award a grant each
fiscal year, not to exceed $100,000 to a State or local law enforcement
agency or $250,000 to a law enforcement organization for a period not to
exceed 5 years. In any application from a State or local law
enforcement agency or organization for a grant to continue a program for
the second, third, fourth, or fifth fiscal year following the first
fiscal year in which a grant was awarded to such agency, the Attorney
General shall review the progress made toward meeting the objectives of
the program. The Attorney General may refuse to award a grant if the
Attorney General finds sufficient progress has not been made toward
meeting such objectives, but only after affording the applicant notice
and an opportunity for reconsideration.
- `(c) LIMITATION- Not more than 5 percent of grant funds
received by a State or a local law enforcement agency or organization
may be used for administrative purposes.
`SEC. 2306. DISCRETIONARY RESEARCH GRANTS.
- `The Attorney General may reserve 10 percent of funds to award
research grants to a State or local law enforcement agency or
organization to study issues of importance in the law enforcement field
as determined by the Attorney General.
`SEC. 2307. REPORTS.
- `A State or local law enforcement agency or organization that
receives a grant under this part shall submit to the Attorney General an
annual report that includes--
- `(1) program descriptions;
- `(2) the number of staff employed to administer programs;
- `(3) the number of individuals who participated in programs; and
- `(4) an evaluation of the effectiveness of grant programs.
`SEC. 2308. DEFINITIONS.
- `For purposes of this part--
- `(1) the term `family-friendly policy' means a policy to
promote or improve the morale and well being of law enforcement
personnel and their families; and
- `(2) the term `law enforcement personnel' means individuals employed by Federal, State, and local law enforcement agencies.'.
- (b) TECHNICAL AMENDMENT- The table of contents of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711
et seq.), as amended by section 50001(b), is amended by striking the
matter relating to part V and inserting the following:
`Part W--Family Support
- `Sec. 2301. Duties.
- `Sec. 2302. General authorization.
- `Sec. 2303. Uses of funds.
- `Sec. 2304. Applications.
- `Sec. 2305. Award of grants; limitation.
- `Sec. 2306. Discretionary research grants.
- `Sec. 2307. Reports.
- `Sec. 2308. Definitions.
`Part V--Transition-Effective Date-Repeals
- `Sec. 2301. Continuation of rules, authorities, and privileges.'.
- (c) AUTHORIZATION OF APPROPRIATIONS- Section 1001(a) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.), as amended by section 50001(c), is amended--
- (1) in paragraph (3) by striking `and V' and inserting `V, and W'; and
- (2) by adding at the end the following new paragraph:
- `(21) There are authorized to be appropriated to carry out part W--
- `(1) $2,500,000 for fiscal year 1996;
- `(2) $4,000,000 for fiscal year 1997;
- `(3) $5,000,000 for fiscal year 1998;
- `(4) $6,000,000 for fiscal year 1999; and
- `(5) $7,500,000 for fiscal year 2000.'.
Subtitle C--DNA Identification
SEC. 210301. SHORT TITLE.
- This subtitle may be cited as the `DNA Identification Act of 1994'.
SEC. 210302. FUNDING TO IMPROVE THE QUALITY AND AVAILABILITY OF DNA ANALYSES FOR LAW ENFORCEMENT IDENTIFICATION PURPOSES.
- (a) DRUG CONTROL AND SYSTEM IMPROVEMENT GRANT PROGRAM- Section
501(b) of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3751(b)) as amended by section 150003, is amended--
- (1) by striking `and' at the end of paragraph (23);
- (2) by striking the period at the end of paragraph (24) and inserting `; and'; and
- (3) by adding at the end the following new paragraph:
- `(25) developing or improving in a forensic laboratory a
capability to analyze deoxyribonucleic acid (hereinafter in this title
referred to as `DNA') for identification purposes.'.
- (b) STATE APPLICATIONS- Section 503(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3753(a))
is amended by adding at the end the following new paragraph:
- `(12) If any part of funds received from a grant made
under this part is to be used to develop or improve a DNA analysis
capability in a forensic laboratory, a certification that--
- `(A) DNA analyses performed at such laboratory will
satisfy or exceed then current standards for a quality assurance program
for DNA analysis, issued by the Director of the Federal Bureau of
Investigation under section 210303 of the DNA Identification Act of
1994;
- `(B) DNA samples obtained by, and DNA analyses performed at, such laboratory will be accessible only--
- `(i) to criminal justice agencies for law enforcement identification purposes;
- `(ii) in judicial proceedings, if otherwise admissible pursuant to applicable statutes or rules;
- `(iii) for criminal defense purposes, to a
defendant, who shall have access to samples and analyses performed in
connection with the case in which such defendant is charged; or
- `(iv) if personally identifiable information is
removed, for a population statistics database, for identification
research and protocol development purposes, or for quality control
purposes; and
- `(C) such laboratory, and each analyst performing DNA
analyses at such laboratory, will undergo, at regular intervals of not
to exceed 180 days, external proficiency testing by a DNA proficiency
testing program meeting the standards issued under section 210303 of the
DNA Identification Act of 1994.'.
- (c) DNA IDENTIFICATION GRANTS-
- (1) IN GENERAL- Title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section
210201(a), is amended--
- (A) by redesignating part X as part Y;
- (B) by redesignating section 2401 as section 2501; and
- (C) by inserting after part W the following new part:
`PART X--DNA IDENTIFICATION GRANTS
`SEC. 2401. GRANT AUTHORIZATION.
- `The Attorney General may make funds available under this
part to States and units of local government, or combinations thereof,
to carry out all or a substantial part of a program or project intended
to develop or improve the capability to analyze deoxyribonucleic acid
(referred to in this part as `DNA') in a forensic laboratory.
`SEC. 2402. APPLICATIONS.
- `To request a grant under this part, the chief executive
officer of a State or unit of local government shall submit an
application in such form as the Attorney General may require.
`SEC. 2403. APPLICATION REQUIREMENTS.
- `No grant may be made under this part unless an application
has been submitted to the Attorney General in which the applicant
certifies that--
- `(1) DNA analyses performed at the laboratory will satisfy
or exceed then current standards for a quality assurance program for
DNA analysis issued by the Director of the Federal Bureau of
Investigation under section 210303 of the DNA Identification Act of
1994.
- `(2) DNA samples obtained by and DNA analyses performed at the laboratory shall be made available only--
- `(A) to criminal justice agencies for law enforcement identification purposes;
- `(B) in judicial proceedings, if otherwise admissible pursuant to applicable statutes or rules;
- `(C) for criminal defense purposes, to a defendant,
who shall have access to samples and analyses performed in connection
with the case in which the defendant is charged; or
- `(D) if personally identifiable information is
removed, for a population statistics database, for identification
research and protocol development purposes, or for quality control
purposes; and
- `(3) the laboratory and each analyst performing DNA
analyses at the laboratory shall undergo, at regular intervals not
exceeding 180 days, external proficiency testing by a DNA proficiency
testing program that meets the standards issued under section 210303 of
the DNA Identification Act of 1994.
`SEC. 2404. ADMINISTRATIVE PROVISIONS.
- `(a) REGULATION AUTHORITY- The Attorney General may promulgate
guidelines, regulations, and procedures, as necessary to carry out the
purposes of this part, including limitations on the number of awards
made during each fiscal year, the submission and review of applications,
selection criteria, and the extension or continuation of awards.
- `(b) AWARD AUTHORITY- The Attorney General shall have final authority over all funds awarded under this part.
- `(c) TECHNICAL ASSISTANCE- To assist and measure the
effectiveness and performance of programs and activities funded under
this part, the Attorney General may provide technical assistance as
required.
`SEC. 2405. RESTRICTIONS ON USE OF FUNDS.
- `(a) FEDERAL SHARE- The Federal share of a grant, contract, or
cooperative agreement made under this part may not exceed 75 percent of
the total costs of the project described in the application submitted
for the fiscal year for which the project receives assistance.
- `(b) ADMINISTRATIVE COSTS- A State or unit of local government
may not use more than 10 percent of the funds it receives from this
part for administrative expenses.
`SEC. 2406. REPORTS.
- `(a) REPORTS TO ATTORNEY GENERAL- Each State or unit of local
government which receives a grant under this part shall submit to the
Attorney General, for each year in which funds from a grant received
under this part is expended, a report at such time and in such manner as
the Attorney General may reasonably require which contains--
- `(1) a summary of the activities carried out under the
grant and an assessment of whether such activities are meeting the needs
identified in the application submitted under section 2402; and
- `(2) such other information as the Attorney General may require.
- `(b) REPORTS TO CONGRESS- Not later than 90 days after the end
of each fiscal year for which grants are made under this part, the
Attorney General shall submit to the Speaker of the House of
Representatives and the President pro tempore of the Senate, a report
that includes--
- `(1) the aggregate amount of grants made under this part to each State or unit of local government for such fiscal year; and
- `(2) a summary of the information provided in compliance with subsection (a)(1).
`SEC. 2407. EXPENDITURE RECORDS.
- `(a) RECORDS- Each State or unit of local government which
receives a grant under this part shall keep records as the Attorney
General may require to facilitate an effective audit.
- `(b) ACCESS- The Attorney General, the Comptroller General, or
their designated agents shall have access, for the purpose of audit and
examination, to any books, documents, and records of States and units
of local government which receive grants made under this part if, in the
opinion of the Attorney General, the Comptroller General, or their
designated agents, such books, documents, and records are related to the
receipt or use of any such grant.'.
- (2) TABLE OF CONTENTS- The table of contents of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711
et seq.), as amended by section 210201(b), is amended by striking the
matter relating to part X and inserting the following:
`Part X--DNA Identification Grants
- `Sec. 2401. Grant authorization.
- `Sec. 2402. Applications.
- `Sec. 2403. Application requirements.
- `Sec. 2404. Administrative provisions.
- `Sec. 2405. Restrictions on use of funds.
- `Sec. 2406. Reports.
- `Sec. 2407. Expenditure records.
`Part Y--Transition-Effective Date-Repealer
- `Sec. 2501. Continuation of rules, authorities, and proceedings.'.
- (3) AUTHORIZATION OF APPROPRIATIONS- Section 1001 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), as
amended by section 210201(c), is amended--
- (A) in paragraph (3) by striking `and W' and inserting `W, and X'; and
- (B) adding at the end the following new paragraph:
- `(22) There are authorized to be appropriated to carry out part X--
- `(1) $1,000,000 for fiscal year 1996;
- `(2) $3,000,000 for fiscal year 1997;
- `(3) $5,000,000 for fiscal year 1998;
- `(4) $13,500,000 for fiscal year 1999; and
- `(5) $17,500,000 for fiscal year 2000.'.
- (4) EFFECTIVE DATE- The amendments made by this section
shall take effect on the date that is 60 days after the date of
enactment of this Act.
SEC. 210303. QUALITY ASSURANCE AND PROFICIENCY TESTING STANDARDS.
- (a) PUBLICATION OF QUALITY ASSURANCE AND PROFICIENCY TESTING
STANDARDS- (1)(A) Not later than 180 days after the date of enactment of
this Act, the Director of the Federal Bureau of Investigation shall
appoint an advisory board on DNA quality assurance methods from among
nominations proposed by the head of the National Academy of Sciences and
professional societies of crime laboratory officials.
- (B) The advisory board shall include as members scientists
from State, local, and private forensic laboratories, molecular
geneticists and population geneticists not affiliated with a forensic
laboratory, and a representative from the National Institute of
Standards and Technology.
- (C) The advisory board shall develop, and if appropriate,
periodically revise, recommended standards for quality assurance,
including standards for testing the proficiency of forensic
laboratories, and forensic analysts, in conducting analyses of DNA.
- (2) The Director of the Federal Bureau of Investigation, after
taking into consideration such recommended standards, shall issue (and
revise from time to time) standards for quality assurance, including
standards for testing the proficiency of forensic laboratories, and
forensic analysts, in conducting analyses of DNA.
- (3) The standards described in paragraphs (1) and (2) shall
specify criteria for quality assurance and proficiency tests to be
applied to the various types of DNA analyses used by forensic
laboratories. The standards shall also include a system for grading
proficiency testing performance to determine whether a laboratory is
performing acceptably.
- (4) Until such time as the advisory board has made
recommendations to the Director of the Federal Bureau of Investigation
and the Director has acted upon those recommendations, the quality
assurance guidelines adopted by the technical working group on DNA
analysis methods shall be deemed the Director's standards for purposes
of this section.
- (b) ADMINISTRATION OF THE ADVISORY BOARD- (1) For
administrative purposes, the advisory board appointed under subsection
(a) shall be considered an advisory board to the Director of the Federal
Bureau of Investigation.
- (2) Section 14 of the Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply with respect to the advisory board appointed
under subsection (a).
- (3) The DNA advisory board established under this section
shall be separate and distinct from any other advisory board
administered by the FBI, and is to be administered separately.
- (4) The board shall cease to exist on the date 5 years after
the initial appointments are made to the board, unless the existence of
the board is extended by the Director of the Federal Bureau of
Investigation.
- (c) PROFICIENCY TESTING PROGRAM- (1) Not later than 1 year
after the effective date of this Act, the Director of the National
Institute of Justice shall certify to the Committees on the Judiciary of
the House and Senate that--
- (A) the Institute has entered into a contract with, or
made a grant to, an appropriate entity for establishing, or has taken
other appropriate action to ensure that there is established, not later
than 2 years after the date of enactment of this Act, a blind external
proficiency testing program for DNA analyses, which shall be available
to public and private laboratories performing forensic DNA analyses;
- (B) a blind external proficiency testing program for DNA
analyses is already readily available to public and private laboratories
performing forensic DNA analyses; or
- (C) it is not feasible to have blind external testing for DNA forensic analyses.
- (2) As used in this subsection, the term `blind external
proficiency test' means a test that is presented to a forensic
laboratory through a second agency and appears to the analysts to
involve routine evidence.
- (3) Notwithstanding any other provision of law, the Attorney
General shall make available to the Director of the National Institute
of Justice during the first fiscal year in which funds are distributed
under this subtitle up to $250,000 from the funds available under part X
of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 to
carry out this subsection.
SEC. 210304. INDEX TO FACILITATE LAW ENFORCEMENT EXCHANGE OF DNA IDENTIFICATION INFORMATION.
- (a) ESTABLISHMENT OF INDEX- The Director of the Federal Bureau of Investigation may establish an index of--
- (1) DNA identification records of persons convicted of crimes;
- (2) analyses of DNA samples recovered from crime scenes; and
- (3) analyses of DNA samples recovered from unidentified human remains.
- (b) INFORMATION- The index described in subsection (a) shall
include only information on DNA identification records and DNA analyses
that are--
- (1) based on analyses performed by or on behalf of a
criminal justice agency in accordance with publicly available standards
that satisfy or exceed the guidelines for a quality assurance program
for DNA analysis, issued by the Director of the Federal Bureau of
Investigation under section 210303;
- (2) prepared by laboratories, and DNA analysts, that
undergo, at regular intervals of not to exceed 180 days, external
proficiency testing by a DNA proficiency testing program meeting the
standards issued under section 210303; and
- (3) maintained by Federal, State, and local criminal
justice agencies pursuant to rules that allow disclosure of stored DNA
samples and DNA analyses only--
- (A) to criminal justice agencies for law enforcement identification purposes;
- (B) in judicial proceedings, if otherwise admissible pursuant to applicable statutes or rules;
- (C) for criminal defense purposes, to a defendant, who
shall have access to samples and analyses performed in connection with
the case in which such defendant is charged; or
- (D) if personally identifiable information is removed,
for a population statistics database, for identification research and
protocol development purposes, or for quality control purposes.
- (c) FAILURE TO COMPLY- Access to the index established by this
section is subject to cancellation if the quality control and privacy
requirements described in subsection (b) are not met.
SEC. 210305. FEDERAL BUREAU OF INVESTIGATION.
- (a) PROFICIENCY TESTING REQUIREMENTS-
- (1) GENERALLY- (A) Personnel at the Federal Bureau of
Investigation who perform DNA analyses shall undergo, at regular
intervals of not to exceed 180 days, external proficiency testing by a
DNA proficiency testing program meeting the standards issued under
section 210303.
- (B) Within 1 year after the date of enactment of this Act,
the Director of the Federal Bureau of Investigation shall arrange for
periodic blind external tests to determine the proficiency of DNA
analysis performed at the Federal Bureau of Investigation laboratory.
- (C) In this paragraph, `blind external test' means a test
that is presented to the laboratory through a second agency and appears
to the analysts to involve routine evidence.
- (2) REPORT- For 5 years after the date of enactment of
this Act, the Director of the Federal Bureau of Investigation shall
submit to the Committees on the Judiciary of the House and Senate an
annual report on the results of each of the tests described in paragraph
(1).
- (b) PRIVACY PROTECTION STANDARDS-
- (1) GENERALLY- Except as provided in paragraph (2), the
results of DNA tests performed for a Federal law enforcement agency for
law enforcement purposes may be disclosed only--
- (A) to criminal justice agencies for law enforcement identification purposes;
- (B) in judicial proceedings, if otherwise admissible pursuant to applicable statues or rules; and
- (C) for criminal defense purposes, to a defendant, who
shall have access to samples and analyses performed in connection with
the case in which such defendant is charged.
- (2) EXCEPTION- If personally identifiable information is
removed, test results may be disclosed for a population statistics
database, for identification research and protocol development purposes,
or for quality control purposes.
- (c) CRIMINAL PENALTY- (1) A person who--
- (A) by virtue of employment or official position, has
possession of, or access to, individually identifiable DNA information
indexed in a database created or maintained by any Federal law
enforcement agency; and
- (B) knowingly discloses such information in any manner to any person or agency not authorized to receive it,
- shall be fined not more than $100,000.
- (2) A person who, without authorization, knowingly obtains DNA
samples or individually identifiable DNA information indexed in a
database created or maintained by any Federal law enforcement agency
shall be fined not more than $100,000.
SEC. 210306. AUTHORIZATION OF APPROPRIATIONS.
- There are authorized to be appropriated to the Federal Bureau
of Investigation to carry out sections 210303, 210304, and 210305--
- (1) $5,500,000 for fiscal year 1996;
- (2) $8,000,000 for fiscal year 1997;
- (3) $8,000,000 for fiscal year 1998;
- (4) $2,500,000 for fiscal year 1999; and
- (5) $1,000,000 for fiscal year 2000.
Subtitle D--Police Pattern or Practice
SEC. 210401. CAUSE OF ACTION.
- (a) UNLAWFUL CONDUCT- It shall be unlawful for any
governmental authority, or any agent thereof, or any person acting on
behalf of a governmental authority, to engage in a pattern or practice
of conduct by law enforcement officers or by officials or employees of
any governmental agency with responsibility for the administration of
juvenile justice or the incarceration of juveniles that deprives persons
of rights, privileges, or immunities secured or protected by the
Constitution or laws of the United States.
- (b) CIVIL ACTION BY ATTORNEY GENERAL- Whenever the Attorney
General has reasonable cause to believe that a violation of paragraph
(1) has occurred, the Attorney General, for or in the name of the United
States, may in a civil action obtain appropriate equitable and
declaratory relief to eliminate the pattern or practice.
SEC. 210402. DATA ON USE OF EXCESSIVE FORCE.
- (a) ATTORNEY GENERAL TO COLLECT- The Attorney General shall,
through appropriate means, acquire data about the use of excessive force
by law enforcement officers.
- (b) LIMITATION ON USE OF DATA- Data acquired under this
section shall be used only for research or statistical purposes and may
not contain any information that may reveal the identity of the victim
or any law enforcement officer.
- (c) ANNUAL SUMMARY- The Attorney General shall publish an annual summary of the data acquired under this section.
Subtitle E--Improved Training and Technical Automation
SEC. 210501. IMPROVED TRAINING AND TECHNICAL AUTOMATION.
- (a) GRANTS-
- (1) IN GENERAL- The Attorney General shall, subject to the
availability of appropriations, make grants to State, Indian tribal,
and local criminal justice agencies and to nonprofit organizations for
the purposes of improving criminal justice agency efficiency through
computerized automation and technological improvements.
- (2) TYPES OF PROGRAMS- Grants under this section may include programs to--
- (A) increase use of mobile digital terminals;
- (B) improve communications systems, such as computer-aided dispatch and incident reporting systems;
- (C) accomplish paper-flow reduction;
- (D) establish or improve ballistics identification programs;
- (E) increase the application of automated fingerprint
identification systems and their communications on an interstate and
intrastate basis; and
- (F) improve computerized collection of criminal records.
- (3) FUNDING- No funds under this subtitle may be used to implement any cryptographic or digital telephony programs.
- (b) TRAINING AND INVESTIGATIVE ASSISTANCE-
- (1) IN GENERAL- The Attorney General shall, subject to the availability of appropriations--
- (A) expand and improve investigative and managerial
training courses for State, Indian tribal, and local law enforcement
agencies; and
- (B) develop and implement, on a pilot basis with no
more than 10 participating cities, an intelligent information system
that gathers, integrates, organizes, and analyzes information in active
support of investigations by Federal, State, and local law enforcement
agencies of violent serial crimes.
- (2) IMPROVEMENT OF FACILITIES- The improvement described
in subsection (a) shall include improvements of the training facilities
of the Federal Bureau of Investigation Academy at Quantico, Virginia.
- (3) INTELLIGENT INFORMATION SYSTEM- The intelligent
information system described in paragraph (1)(B) shall be developed and
implemented by the Federal Bureau of Investigation and shall utilize the
resources of the Violent Criminal Apprehension Program.
- (c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated--
- (1) to carry out subsection (a)--
- (A) $10,000,000 for fiscal year 1996;
- (B) $20,000,000 for fiscal year 1997;
- (C) $23,000,000 for fiscal year 1998;
- (D) $23,000,000 for fiscal year 1999; and
- (E) $24,000,000 for fiscal year 2000.
- (2) to carry out subsection (b)(1)--
- (A) $4,000,000 for fiscal year 1996;
- (B) $2,000,000 for fiscal year 1997;
- (C) $3,000,000 for fiscal year 1998;
- (D) $5,000,000 for fiscal year 1999; and
- (E) $6,000,000 for fiscal year 2000; and
- (3) to carry out subsection (b)(2)--
- $10,000,000 for fiscal year 1996.
- (d) DEFINITIONS- In this section--
- `Indian tribe' means a tribe, band, pueblo, nation, or
other organized group or community of Indians, including an Alaska
Native village (as defined in or established under the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.), that is recognized as
eligible for the special programs and services provided by the United
States to Indians because of their status as Indians.
- `State' means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, American Samoa, Guam, and the United States Virgin Islands.
Subtitle F--Other State and Local Aid
SEC. 210601. REAUTHORIZATION OF OFFICE OF JUSTICE PROGRAMS.
- Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended--
- (1) in paragraph (1) by striking `1993 and 1994' and inserting `1994 and 1995';
- (2) in paragraph (2) by striking `1993 and 1994' and inserting `1994 and 1995';
- (3) in paragraph (3) by striking `1993 and 1994' and inserting `1994 and 1995';
- (4) in paragraph (5) by striking `1993 and 1994' and inserting `1994 and 1995';
- (5) in paragraph (6) by inserting `and 1995' after `1994';
- (6) in paragraph (7) by striking `1991, 1992, 1993, and 1994,' and inserting `1994 and 1995';
- (7) in paragraph (8) by inserting `and 1995' after `1994'; and
- (8) in paragraph (9) by inserting `and 1995' after `1994'.
SEC. 210602. FEDERAL ASSISTANCE TO EASE THE INCREASED BURDENS ON STATE COURT SYSTEMS RESULTING FROM ENACTMENT OF THIS ACT.
- (a) IN GENERAL- The Attorney General shall, subject to the
availability of appropriation, make grants for States and units of local
government to pay the costs of providing increased resources for
courts, prosecutors, public defenders, and other criminal justice
participants as necessary to meet the increased demands for judicial
activities resulting from the provisions of this Act and amendments made
by this Act.
- (b) APPLICATIONS- In carrying out this section, the Attorney
General may make grants to, or enter into contracts with public or
private agencies, institutions, or organizations or individuals to carry
out any purpose specified in this section. The Attorney General shall
have final authority over all funds awarded under this section.
- (c) RECORDS- Each recipient that receives a grant under this
section shall keep such records as the Attorney General may require to
facilitate an effective audit.
- (d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section--
- (1) $23,000,000 for fiscal year 1996;
- (2) $30,000,000 for fiscal year 1997;
- (3) $30,000,000 for fiscal year 1998;
- (4) $32,000,000 for fiscal year 1999; and
- (5) $35,000,000 for fiscal year 2000,
- to remain available for obligation until expended.
SEC. 210603. AVAILABILITY OF VIOLENT CRIME REDUCTION TRUST FUND TO FUND ACTIVITIES AUTHORIZED BY THE BRADY HANDGUN VIOLENCE PREVENTION ACT AND THE NATIONAL CHILD PROTECTION ACT OF 1993.
- (a) APPROPRIATIONS- Of the amounts authorized in Sections
103(k) and 106(b)(2) of the Brady Handgun Violence Prevention Act (18
U.S.C. 922 note) and in section 4(b) of the National Child Protection
Act of 1993 (42 U.S.C. 5119b(b)), a total of $100,000,000 for fiscal
year 1995, $25,000,000 for fiscal year 1996, and $25,000,000 for fiscal
year 1997 may be appropriated from the Violent Crime Reduction Trust
Fund established by this Act.
- (b) TECHNICAL AMENDMENT- Sections 103(k) and 106(b) of the
Brady Handgun Violence Prevention Act (18 U.S.C. 922 note) are each
amended by striking `, which may be appropriated from the Violent Crime
Reduction Trust Fund,'.
TITLE XXII--MOTOR VEHICLE THEFT PREVENTION
SEC. 220001. SHORT TITLE.
- This title may be cited as the `Motor Vehicle Theft Prevention Act'.
SEC. 220002. MOTOR VEHICLE THEFT PREVENTION PROGRAM.
- (a) IN GENERAL- Not later than 180 days after the date of
enactment of this section, the Attorney General shall develop, in
cooperation with the States, a national voluntary motor vehicle theft
prevention program (in this section referred to as the `program') under
which--
- (1) the owner of a motor vehicle may voluntarily sign a
consent form with a participating State or locality in which the motor
vehicle owner--
- (A) states that the vehicle is not normally operated under certain specified conditions; and
- (B) agrees to--
- (i) display program decals or devices on the owner's vehicle; and
- (ii) permit law enforcement officials in any State
to stop the motor vehicle and take reasonable steps to determine
whether the vehicle is being operated by or with the permission of the
owner, if the vehicle is being operated under the specified conditions;
and
- (2) participating States and localities authorize law
enforcement officials in the State or locality to stop motor vehicles
displaying program decals or devices under specified conditions and take
reasonable steps to determine whether the vehicle is being operated by
or with the permission of the owner.
- (b) Uniform Decal or Device Designs-
- (1) IN GENERAL- The motor vehicle theft prevention program
developed pursuant to this section shall include a uniform design or
designs for decals or other devices to be displayed by motor vehicles
participating in the program.
- (2) TYPE OF DESIGN- The uniform design shall--
- (A) be highly visible; and
- (B) explicitly state that the motor vehicle to which
it is affixed may be stopped under the specified conditions without
additional grounds for establishing a reasonable suspicion that the
vehicle is being operated unlawfully.
- (c) VOLUNTARY CONSENT FORM- The voluntary consent form used to enroll in the program shall--
- (1) clearly state that participation in the program is voluntary;
- (2) clearly explain that participation in the program
means that, if the participating vehicle is being operated under the
specified conditions, law enforcement officials may stop the vehicle and
take reasonable steps to determine whether it is being operated by or
with the consent of the owner, even if the law enforcement officials
have no other basis for believing that the vehicle is being operated
unlawfully;
- (3) include an express statement that the vehicle is not
normally operated under the specified conditions and that the operation
of the vehicle under those conditions would provide sufficient grounds
for a prudent law enforcement officer to reasonably believe that the
vehicle was not being operated by or with the consent of the owner; and
- (4) include any additional information that the Attorney General may reasonably require.
- (d) SPECIFIED CONDITIONS UNDER WHICH STOPS MAY BE AUTHORIZED-
- (1) IN GENERAL- The Attorney General shall promulgate
rules establishing the conditions under which participating motor
vehicles may be authorized to be stopped under this section. These
conditions may not be based on race, creed, color, national origin,
gender, or age. These conditions may include--
- (A) the operation of the vehicle during certain hours of the day; or
- (B) the operation of the vehicle under other
circumstances that would provide a sufficient basis for establishing a
reasonable suspicion that the vehicle was not being operated by the
owner, or with the consent of the owner.
- (2) MORE THAN ONE SET OF CONDITIONS- The Attorney General
may establish more than one set of conditions under which participating
motor vehicles may be stopped. If more than one set of conditions is
established, a separate consent form and a separate design for program
decals or devices shall be established for each set of conditions. The
Attorney General may choose to satisfy the requirement of a separate
design for program decals or devices under this paragraph by the use of a
design color that is clearly distinguishable from other design colors.
- (3) NO NEW CONDITIONS WITHOUT CONSENT- After the program
has begun, the conditions under which a vehicle may be stopped if
affixed with a certain decal or device design may not be expanded
without the consent of the owner.
- (4) LIMITED PARTICIPATION BY STATES AND LOCALITIES- A
State or locality need not authorize the stopping of motor vehicles
under all sets of conditions specified under the program in order to
participate in the program.
- (e) MOTOR VEHICLES FOR HIRE-
- (1) NOTIFICATION TO LESSEES- Any person who is in the
business of renting or leasing motor vehicles and who rents or leases a
motor vehicle on which a program decal or device is affixed shall, prior
to transferring possession of the vehicle, notify the person to whom
the motor vehicle is rented or leased about the program.
- (2) TYPE OF NOTICE- The notice required by this subsection shall--
- (A) be in writing;
- (B) be in a prominent format to be determined by the Attorney General; and
- (C) explain the possibility that if the motor vehicle
is operated under the specified conditions, the vehicle may be stopped
by law enforcement officials even if the officials have no other basis
for believing that the vehicle is being operated unlawfully.
- (3) FINE FOR FAILURE TO PROVIDE NOTICE- Failure to provide
proper notice under this subsection shall be punishable by a fine not
to exceed $5,000.
- (f) NOTIFICATION OF POLICE- As a condition of participating in
the program, a State or locality must agree to take reasonable steps to
ensure that law enforcement officials throughout the State or locality
are familiar with the program, and with the conditions under which motor
vehicles may be stopped under the program.
- (g) REGULATIONS- The Attorney General shall promulgate regulations to implement this section.
- (h) AUTHORIZATION OF APPROPRIATIONS- There are authorized to carry out this section.
- (1) $1,500,000 for fiscal year 1996;
- (2) $1,700,000 for fiscal year 1997; and
- (3) $1,800,000 for fiscal year 1998.
SEC. 220003. ALTERING OR REMOVING MOTOR VEHICLE IDENTIFICATION NUMBERS.
- (a) BASIC OFFENSE- Subsection (a) of section 511 of title 18, United States Code, is amended to read as follows:
- `(a) A person who--
- `(1) knowingly removes, obliterates, tampers with, or
alters an identification number for a motor vehicle or motor vehicle
part; or
- `(2) with intent to further the theft of a motor vehicle,
knowingly removes, obliterates, tampers with, or alters a decal or
device affixed to a motor vehicle pursuant to the Motor Vehicle Theft
Prevention Act,
- shall be fined under this title, imprisoned not more than 5 years, or both.'.
- (b) EXCEPTED PERSONS- Paragraph (2) of section 511(b) of title 18, United States Code, is amended--
- (1) by striking `and' after the semicolon in subparagraph (B);
- (2) by striking the period at the end of subparagraph (C) and inserting `; and'; and
- (3) by adding at the end the following new subparagraph:
- `(D) a person who removes, obliterates, tampers with,
or alters a decal or device affixed to a motor vehicle pursuant to the
Motor Vehicle Theft Prevention Act, if that person is the owner of the
motor vehicle, or is authorized to remove, obliterate, tamper with or
alter the decal or device by--
- `(i) the owner or his authorized agent;
- `(ii) applicable State or local law; or
- `(iii) regulations promulgated by the Attorney General to implement the Motor Vehicle Theft Prevention Act.'.
- (c) DEFINITION- Section 511 of title 18, United States Code, is amended by adding at the end thereof the following:
- `(d) For purposes of subsection (a) of this section, the term
`tampers with' includes covering a program decal or device affixed to a
motor vehicle pursuant to the Motor Vehicle Theft Prevention Act for the
purpose of obstructing its visibility.'.
- (d) UNAUTHORIZED APPLICATION OF A DECAL OR DEVICE-
- (1) IN GENERAL- Chapter 25 of title 18, United States Code, is amended by adding after section 511 the following new section:
`Sec. 511A. Unauthorized application of theft prevention decal or device
- `(a) Whoever affixes to a motor vehicle a theft prevention
decal or other device, or a replica thereof, unless authorized to do so
pursuant to the Motor Vehicle Theft Prevention Act, shall be punished by
a fine not to exceed $1,000.
- `(b) For purposes of this section, the term `theft prevention
decal or device' means a decal or other device designed in accordance
with a uniform design for such devices developed pursuant to the Motor
Vehicle Theft Prevention Act.'.
- (2) TECHNICAL AMENDMENT- The chapter analysis for chapter
25 of title 18, United States Code, is amended by adding after the item
relating to section 511 the following new item:
- `511A. Unauthorized application of theft prevention decal or device.'.
TITLE XXIII--VICTIMS OF CRIME
Subtitle A--Victims of Crime
SEC. 230101. VICTIM'S RIGHT OF ALLOCUTION IN SENTENCING.
- (a) MODIFICATION OF PROPOSED AMENDMENTS- The proposed
amendments to the Federal Rules of Criminal Procedure which are embraced
by an order entered by the Supreme Court of the United States on April
29, 1994, shall take effect on December 1, 1994, as otherwise provided
by law, but with the following amendments:
- (b) IN GENERAL- Rule 32 of the Federal Rules of Criminal Procedure is amended by--
- (1) striking `and' following the semicolon in subdivision (c)(3)(C);
- (2) striking the period at the end of subdivision (c)(3)(D) and inserting `; and';
- (3) inserting after subdivision (c)(3)(D) the following:
- `(E) if sentence is to be imposed for a crime of
violence or sexual abuse, address the victim personally if the victim is
present at the sentencing hearing and determine if the victim wishes to
make a statement or present any information in relation to the
sentence.';
- (4) in subdivision (c)(3)(D), striking `equivalent
opportunity' and inserting in lieu thereof `opportunity equivalent to
that of the defendant's counsel';
- (5) in the last sentence of subdivision (c)(4), striking `and (D)' and inserting `(D), and (E)';
- (6) in the last sentence of subdivision (c)(4), inserting `the victim,' before `or the attorney for the Government.'; and
- (7) adding at the end the following:
- `(f) DEFINITIONS- For purposes of this rule--
- `(1) `victim' means any individual against whom an offense
has been committed for which a sentence is to be imposed, but the right
of allocution under subdivision (c)(3)(E) may be exercised instead by--
- `(A) a parent or legal guardian if the victim is below the age of eighteen years or incompetent; or
- `(B) one or more family members or relatives designated by the court if the victim is deceased or incapacitated;
- if such person or persons are present at the sentencing hearing, regardless of whether the victim is present; and
- `(2) `crime of violence or sexual abuse' means a crime
that involved the use or attempted or threatened use of physical force
against the person or property of another, or a crime under chapter 109A
of title 18, United States Code.'.
- (c) EFFECTIVE DATE- The amendments made by subsection (b) shall become effective on December 1, 1994.
SEC. 230102. SENSE OF THE SENATE CONCERNING THE RIGHT OF A VICTIM OF A VIOLENT CRIME OR SEXUAL ABUSE TO SPEAK AT AN OFFENDER'S SENTENCING HEARING AND ANY PAROLE HEARING.
- It is the sense of the Senate that--
- (1) the law of a State should provide for a victim's right
of allocution at a sentencing hearing and at any parole hearing if the
offender has been convicted of a crime of violence or sexual abuse;
- (2) such a victim should have an opportunity equivalent to
the opportunity accorded to the offender to address the sentencing
court or parole board and to present information in relation to the
sentence imposed or to the early release of the offender; and
- (3) if the victim is not able to or chooses not to testify
at a sentencing hearing or parole hearing, the victim's parents, legal
guardian, or family members should have the right to address the court
or board.
Subtitle B--Crime Victims' Fund
SEC. 230201. ALLOCATION OF FUNDS FOR COSTS AND GRANTS.
- (a) GENERALLY- Section 1402(d) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)) is amended by--
- (1) striking paragraph (2) and inserting the following:
- `(2) the next $10,000,000 deposited in the Fund shall be available for grants under section 1404A.';
- (2) striking paragraph (3) and inserting the following:
- `(3) Of the remaining amount deposited in the Fund in a particular fiscal year--
- `(A) 48.5 percent shall be available for grants under section 1403;
- `(B) 48.5 percent shall be available for grants under section 1404(a); and
- `(C) 3 percent shall be available for grants under section 1404(c).';
- (3) striking paragraph (4) and inserting the following:
- `(4) The Director may retain any portion of the Fund that
was deposited during a fiscal year that is in excess of 110 percent of
the total amount deposited in the Fund during the preceding fiscal year
as a reserve for use in a year in which the Fund falls below the amount
available in the previous year. Such reserve may not exceed
$20,000,000.'; and
- (4) striking paragraph (5).
(b) CONFORMING CROSS REFERENCE- Section 1402(g)(1) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(g)(1)) is amended by striking `(d)(2)(D)' and inserting `(d)(2)'.
SEC. 230202. RELATIONSHIP OF CRIME VICTIM COMPENSATION TO CERTAIN FEDERAL PROGRAMS.
- Section 1403 of the Victims of Crime Act of 1984 (42 U.S.C.
10602) is amended by adding at the end the following new subsection:
- `(e) Notwithstanding any other law, if the compensation paid
by an eligible crime victim compensation program would cover costs that a
Federal program, or a federally financed State or local program, would
otherwise pay,--
- `(1) such crime victim compensation program shall not pay that compensation; and
- `(2) the other program shall make its payments without regard to the existence of the crime victim compensation program.'.
SEC. 230203. ADMINISTRATIVE COSTS FOR CRIME VICTIM COMPENSATION.
- (a) CREATION OF EXCEPTION- The final sentence of section
1403(a)(1) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(a)(1))
is amended by striking `A grant' and inserting `Except as provided in
paragraph (3), a grant'.
- (b) REQUIREMENTS OF EXCEPTION- Section 1403(a) of the Victims
of Crime Act of 1984 (42 U.S.C. 10602(a)) is amended by adding at the
end the following new paragraph:
- `(3) Not more than 5 percent of a grant made under this
section may be used for the administration of the State crime victim
compensation program receiving the grant.'.
SEC. 230204. GRANTS FOR DEMONSTRATION PROJECTS.
- Section 1404(c)(1)(A) of the Victims of Crime Act of 1984 (42
U.S.C. 10603(c)(1)(A)) is amended by inserting `demonstration projects
and' before `training'.
SEC. 230205. ADMINISTRATIVE COSTS FOR CRIME VICTIM ASSISTANCE.
- (a) CREATION OF EXCEPTION- Section 1404(b)(2) of the Victims
of Crime Act of 1984 (42 U.S.C. 10603(b)(2)) is amended by striking `An
eligible' and inserting `Except as provided in paragraph (3), an
eligible'.
- (b) REQUIREMENTS OF EXCEPTION- Section 1404(b) of the Victims
of Crime Act of 1984 (42 U.S.C. 10603(b)) is amended by adding at the
end the following new subsection:
- `(3) Not more than 5 percent of sums received under subsection
(a) may be used for the administration of the State crime victim
assistance program receiving such sums.'.
SEC. 230206. MAINTENANCE OF EFFORT.
- Section 1407 of the Victims of Crime Act of 1984 (42 U.S.C.
10604) is amended by adding at the end the following new subsection:
- `(h) Each entity receiving sums made available under this Act
for administrative purposes shall certify that such sums will not be
used to supplant State or local funds, but will be used to increase the
amount of such funds that would, in the absence of Federal funds, be
made available for these purposes.'.
SEC. 230207. CHANGE OF DUE DATE FOR REQUIRED REPORT.
- Section 1407(g) of the Victims of Crime Act of 1984 (42 U.S.C.
10604(g)) is amended by striking `and on December 31 every two years
thereafter', and inserting `and on June 30 every two years thereafter'.
SEC. 230208. AMENDMENT OF THE VICTIMS OF CRIME ACT.
- Section 1404(a)(5)(B) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(a)(5)(B)) is amended to read as follows:
- `(B) $200,000 thereafter.'.
TITLE XXIV--PROTECTIONS FOR THE ELDERLY
SEC. 240001. MISSING ALZHEIMER'S DISEASE PATIENT ALERT PROGRAM.
- (a) GRANT- The Attorney General shall, subject to the
availability of appropriations, award a grant to an eligible
organization to assist the organization in paying for the costs of
planning, designing, establishing, and operating a Missing Alzheimer's
Disease Patient Alert Program, which shall be a locally based, proactive
program to protect and locate missing patients with Alzheimer's disease
and related dementias.
- (b) APPLICATION- To be eligible to receive a grant under
subsection (a), an organization shall submit an application to the
Attorney General at such time, in such manner, and containing such
information as the Attorney General may require, including, at a
minimum, an assurance that the organization will obtain and use
assistance from private nonprofit organizations to support the program.
- (c) ELIGIBLE ORGANIZATION- The Attorney General shall award
the grant described in subsection (a) to a national voluntary
organization that has a direct link to patients, and families of
patients, with Alzheimer's disease and related dementias.
- (d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section--
- (1) $900,000 for fiscal year 1996;
- (2) $900,000 for fiscal year 1997; and
- (3) $900,000 for fiscal year 1998.
SEC. 240002. CRIMES AGAINST THE ELDERLY.
- (a) IN GENERAL- Pursuant to its authority under the Sentencing
Reform Act of 1984 and section 21 of the Sentencing Act of 1987
(including its authority to amend the sentencing guidelines and policy
statements) and its authority to make such amendments on an emergency
basis, the United States Sentencing Commission shall ensure that the
applicable guideline range for a defendant convicted of a crime of
violence against an elderly victim is sufficiently stringent to deter
such a crime, to protect the public from additional crimes of such a
defendant, and to adequately reflect the heinous nature of such an
offense.
- (b) CRITERIA- In carrying out subsection (a), the United States Sentencing Commission shall ensure that--
- (1) the guidelines provide for increasingly severe
punishment for a defendant commensurate with the degree of physical harm
caused to the elderly victim;
- (2) the guidelines take appropriate account of the vulnerability of the victim; and
- (3) the guidelines provide enhanced punishment for a
defendant convicted of a crime of violence against an elderly victim who
has previously been convicted of a crime of violence against an elderly
victim, regardless of whether the conviction occurred in Federal or
State court.
- (c) DEFINITIONS- In this section--
- `crime of violence' means an offense under section 113,
114, 1111, 1112, 1113, 1117, 2241, 2242, or 2244 of title 18, United
States Code.
- `elderly victim' means a victim who is 65 years of age or older at the time of an offense.
TITLE XXV--SENIOR CITIZENS AGAINST MARKETING SCAMS
SEC. 250001. SHORT TITLE.
- This Act may be cited as the `Senior Citizens Against Marketing Scams Act of 1994'.
SEC. 250002. ENHANCED PENALTIES FOR TELEMARKETING FRAUD.
- (a) OFFENSE- Part I of title 18, United States Code, is amended--
- (1) by redesignating chapter 113A as chapter 113B; and
- (2) by inserting after chapter 113 the following new chapter:
`CHAPTER 113A--TELEMARKETING FRAUD
- `2325. Definition.
- `2326. Enhanced penalties.
- `2327. Mandatory restitution.
`Sec. 2325. Definition
- `In this chapter, `telemarketing'--
- `(1) means a plan, program, promotion, or campaign that is conducted to induce--
- `(A) purchases of goods or services; or
- `(B) participation in a contest or sweepstakes,
- by use of 1 or more interstate telephone calls initiated
either by a person who is conducting the plan, program, promotion, or
campaign or by a prospective purchaser or contest or sweepstakes
participant; but
- `(2) does not include the solicitation of sales through the mailing of a catalog that--
- `(A) contains a written description or illustration of the goods or services offered for sale;
- `(B) includes the business address of the seller;
- `(C) includes multiple pages of written material or illustration; and
- `(D) has been issued not less frequently than once a year,
- if the person making the solicitation does not solicit
customers by telephone but only receives calls initiated by customers in
response to the catalog and during those calls takes orders without
further solicitation.
`Sec. 2326. Enhanced penalties
- `A person who is convicted of an offense under section 1028,
1029, 1341, 1342, 1343, or 1344 in connection with the conduct of
telemarketing--
- `(1) may be imprisoned for a term of up to 5 years in
addition to any term of imprisonment imposed under any of those
sections, respectively; and
- `(2) in the case of an offense under any of those sections that--
- `(A) victimized ten or more persons over the age of 55; or
- `(B) targeted persons over the age of 55,
- may be imprisoned for a term of up to 10 years in addition
to any term of imprisonment imposed under any of those sections,
respectively.
`Sec. 2327. Mandatory restitution
- `(a) IN GENERAL- Notwithstanding section 3663, and in addition
to any other civil or criminal penalty authorized by law, the court
shall order restitution for any offense under this chapter.
- `(b) SCOPE AND NATURE OF ORDER-
- `(1) DIRECTIONS- The order of restitution under this section shall direct that--
- `(A) the defendant pay to the victim (through the
appropriate court mechanism) the full amount of the victim's losses as
determined by the court, pursuant to paragraph (3); and
- `(B) the United States Attorney enforce the restitution order by all available and reasonable means.
- `(2) ENFORCEMENT BY VICTIM- An order of restitution may be
enforced by a victim named in the order to receive the restitution as
well as by the United States Attorney, in the same manner as a judgment
in a civil action.
- `(3) DEFINITION- For purposes of this subsection, the term
`full amount of the victim's losses' means all losses suffered by the
victim as a proximate result of the offense.
- `(4) ORDER MANDATORY- (A) The issuance of a restitution order under this section is mandatory.
- `(B) A court may not decline to issue an order under this section because of--
- `(i) the economic circumstances of the defendant; or
- `(ii) the fact that a victim has, or is entitled to,
receive compensation for his or her injuries from the proceeds of
insurance or any other source.
- `(C)(i) Notwithstanding subparagraph (A), the court may
take into account the economic circumstances of the defendant in
determining the manner in which and the schedule according to which the
restitution is to be paid.
- `(ii) For purposes of this subparagraph, the term `economic circumstances' includes--
- `(I) the financial resources and other assets of the defendant;
- `(II) projected earnings, earning capacity, and other income of the defendant; and
- `(III) any financial obligations of the defendant, including obligations to dependents.
- `(D) Subparagraph (A) does not apply if--
- `(i) the court finds on the record that the economic
circumstances of the defendant do not allow for the payment of any
amount of a restitution order, and do not allow for the payment of any
or some portion of the amount of a restitution order in the foreseeable
future (under any reasonable schedule of payments); and
- `(ii) the court enters in its order the amount of the victim's losses, and provides a nominal restitution award.
- `(5) MORE THAN 1 OFFENDER- When the court finds that more
than 1 offender has contributed to the loss of a victim, the court may
make each offender liable for payment of the full amount of restitution
or may apportion liability among the offenders to reflect the level of
contribution and economic circumstances of each offender.
- `(6) MORE THAN 1 VICTIM- When the court finds that more
than 1 victim has sustained a loss requiring restitution by an offender,
the court shall order full restitution of each victim but may provide
for different payment schedules to reflect the economic circumstances of
each victim.
- `(7) PAYMENT SCHEDULE- An order under this section may
direct the defendant to make a single lump-sum payment or partial
payments at specified intervals.
- `(8) SETOFF- Any amount paid to a victim under this
section shall be set off against any amount later recovered as
compensatory damages by the victim from the defendant in--
- `(A) any Federal civil proceeding; and
- `(B) any State civil proceeding, to the extent provided by the law of the State.
- `(9) EFFECT ON OTHER SOURCES OF COMPENSATION- The issuance
of a restitution order shall not affect the entitlement of a victim to
receive compensation with respect to a loss from insurance or any other
source until the payments actually received by the victim under the
restitution order fully compensate the victim for the loss.
- `(10) CONDITION OF PROBATION OR SUPERVISED RELEASE-
Compliance with a restitution issued under this section shall be a
condition of any probation or supervised release of a defendant. The
court may revoke probation or a term of supervised release, modify the
terms or conditions of probation or a term of supervised release, hold
the defendant in contempt pursuant to section 3583(e), or suspend the
offender's eligibility for any grant, contract, loan, professional
license, or commercial license provided by an agency of the United
States or with appropriated funds of the United States if the defendant
fails to comply with the order. In determining whether to revoke
probation or a term of supervised release, modify the terms or
conditions of probation or supervised release or hold a defendant
serving a term of supervised release in contempt, the court shall
consider the defendant's employment status, earning ability and
financial resources, the willfulness of the defendant's failure to
comply, and any other circumstances that may have a bearing on the
defendant's ability to comply.
- `(c) PROOF OF CLAIM-
- `(1) AFFIDAVIT- Within 60 days after conviction and, in
any event, not later than 10 days prior to sentencing, the United States
Attorney (or the United States Attorney's delegee), after consulting
with the victim, shall prepare and file an affidavit with the court
listing the amounts subject to restitution under this section. The
affidavit shall be signed by the United States Attorney (or the United
States Attorney's delegee) and the victim. Should the victim object to
any of the information included in the affidavit, the United States
Attorney (or the United States Attorney's delegee) shall advise the
victim that the victim may file a separate affidavit and shall provide
the victim with an affidavit form which may be used to do so.
- `(2) OBJECTION- If, after the defendant has been notified
of the affidavit, no objection is raised by the defendant, the amounts
attested to in the affidavit filed pursuant to paragraph (1) shall be
entered in the court's restitution order. If objection is raised, the
court may require the victim or the United States Attorney (or the
United States Attorney's delegee) to submit further affidavits or other
supporting documents, demonstrating the victim's losses.
- `(3) ADDITIONAL DOCUMENTATION AND TESTIMONY- If the court
concludes, after reviewing the supporting documentation and considering
the defendant's objections, that there is a substantial reason for
doubting the authenticity or veracity of the records submitted, the
court may require additional documentation or hear testimony on those
questions. The privacy of any records filed, or testimony heard,
pursuant to this section shall be maintained to the greatest extent
possible, and such records may be filed or testimony heard in camera.
- `(4) FINAL DETERMINATION OF LOSSES- If the victim's losses
are not ascertainable by the date that is 10 days prior to sentencing
as provided in paragraph (1), the United States Attorney (or the United
States Attorney's delegee) shall so inform the court, and the court
shall set a date for the final determination of the victim's losses, not
to exceed 90 days after sentencing. If the victim subsequently
discovers further losses, the victim shall have 60 days after discovery
of those losses in which to petition the court for an amended
restitution order. Such order may be granted only upon a showing of good
cause for the failure to include such losses in the initial claim for
restitutionary relief.
- `(d) MODIFICATION OF ORDER- A victim or the offender may
petition the court at any time to modify a restitution order as
appropriate in view of a change in the economic circumstances of the
offender.
- `(e) REFERENCE TO MAGISTRATE OR SPECIAL MASTER- The court may
refer any issue arising in connection with a proposed order of
restitution to a magistrate or special master for proposed findings of
fact and recommendations as to disposition, subject to a de novo
determination of the issue by the court.
- `(f) DEFINITION- For purposes of this section, the term
`victim' includes the individual harmed as a result of a commission of a
crime under this chapter, including, in the case of a victim who is
incompetent, incapacitated, or deceased, the legal guardian of the
victim or representative of the victim's estate, another family member,
or any other person appointed as suitable by the court, but in no event
shall the defendant be named as such representative or guardian.'.
- (b) TECHNICAL AMENDMENTS-
- (1) PART ANALYSIS- The part analysis for part I of title
18, United States Code, is amended by striking the item relating to
chapter 113A and inserting the following:
2325
2331'.
- (2) CHAPTER 113B- The chapter heading for chapter 113B of
title 18, United States Code, as redesignated by subsection (a)(1), is
amended to read as follows:
`CHAPTER 113B--TERRORISM'.
SEC. 250003. INCREASED PENALTIES FOR FRAUD AGAINST OLDER VICTIMS.
- (a) REVIEW- The United States Sentencing Commission shall
review and, if necessary, amend the sentencing guidelines to ensure that
victim related adjustments for fraud offenses against older victims
over the age of 55 are adequate.
- (b) REPORT- Not later than 180 days after the date of
enactment of this Act, the Sentencing Commission shall report to
Congress the result of its review under subsection (a).
SEC. 250004. REWARDS FOR INFORMATION LEADING TO PROSECUTION AND CONVICTION.
- Section 3059 of title 18, United States Code, is amended by adding at the end the following new subsection:
- `(c)(1) In special circumstances and in the Attorney General's
sole discretion, the Attorney General may make a payment of up to
$10,000 to a person who furnishes information unknown to the Government
relating to a possible prosecution under section 2326 which results in a
conviction.
- `(2) A person is not eligible for a payment under paragraph (1) if--
- `(A) the person is a current or former officer or employee
of a Federal, State, or local government agency or instrumentality who
furnishes information discovered or gathered in the course of government
employment;
- `(B) the person knowingly participated in the offense;
- `(C) the information furnished by the person consists of an allegation or transaction that has been disclosed to the public--
- `(i) in a criminal, civil, or administrative proceeding;
- `(ii) in a congressional, administrative, or General Accounting Office report, hearing, audit, or investigation; or
- `(iii) by the news media, unless the person is the original source of the information; or
- `(D) when, in the judgment of the Attorney General, it
appears that a person whose illegal activities are being prosecuted or
investigated could benefit from the award.
- `(3) For the purposes of paragraph (2)(C)(iii), the term
`original source' means a person who has direct and independent
knowledge of the information that is furnished and has voluntarily
provided the information to the Government prior to disclosure by the
news media.
- `(4) Neither the failure of the Attorney General to authorize a
payment under paragraph (1) nor the amount authorized shall be subject
to judicial review.'.
SEC. 250005. AUTHORIZATION OF APPROPRIATIONS.
- There are authorized to be appropriated for the purposes of carrying out this Act and the amendments made by this Act--
- (1) for the Federal Bureau of Investigation to hire,
equip, and train special agents and support staff to investigate
telemarketing fraud cases--
- (A) $750,000 for fiscal year 1996;
- (B) $1,500,000 for fiscal year 1997;
- (C) $1,500,000 for fiscal year 1998;
- (D) $1,800,000 for fiscal year 1999; and
- (E) $1,950,000 for fiscal year 2000;
- (2) to hire, equip, and train Department of Justice
attorneys, assistant United States Attorneys, and support staff to
prosecute telemarketing fraud cases--
- (A) $250,000 for fiscal year 1996;
- (B) $500,000 for fiscal year 1997;
- (C) $500,000 for fiscal year 1998;
- (D) $600,000 for fiscal year 1999; and
- (E) $650,000 for fiscal year 2000; and
- (3) for the Department of Justice to conduct, in
cooperation with State and local law enforcement agencies and senior
citizen advocacy organizations, public awareness and prevention
initiatives for senior citizens, such as seminars and training--
- (A) $1,000,000 for fiscal year 1996;
- (B) $2,000,000 for fiscal year 1997;
- (C) $2,000,000 for fiscal year 1998;
- (D) $2,500,000 for fiscal year 1999; and
- (E) $2,500,000 for fiscal year 2000.
SEC. 250006. BROADENING APPLICATION OF MAIL FRAUD STATUTE.
- Section 1341 of title 18, United States Code, is amended--
- (1) by inserting `or deposits or causes to be deposited
any matter or thing whatever to be sent or delivered by any private or
commercial interstate carrier,' after `Postal Service,'; and
- (2) by inserting `or such carrier' after `causes to be delivered by mail'.
SEC. 250007. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH ACCESS DEVICES.
- Section 1029 of title 18, United States Code, is amended--
- (1) in subsection (a)--
- (A) by striking `or' at the end of paragraph (3); and
- (B) by inserting after paragraph (4) the following new paragraphs:
- `(5) knowingly and with intent to defraud effects
transactions, with 1 or more access devices issued to another person or
persons, to receive payment or any other thing of value during any
1-year period the aggregate value of which is equal to or greater than
$1,000;
- `(6) without the authorization of the issuer of the access
device, knowingly and with intent to defraud solicits a person for the
purpose of--
- `(A) offering an access device; or
- `(B) selling information regarding or an application to obtain an access device; or
- `(7) without the authorization of the credit card system
member or its agent, knowingly and with intent to defraud causes or
arranges for another person to present to the member or its agent, for
payment, 1 or more evidences or records of transactions made by an
access device;';
- (2) in subsection (c)(1) by striking `(a)(2) or (a)(3)' and inserting `(a) (2), (3), (5), (6), or (7)'; and
- (3) in subsection (e)--
- (A) by striking `and' at the end of paragraph (5);
- (B) by striking the period at the end of paragraph (6) and inserting `; and'; and
- (C) by adding at the end the following new paragraph:
- `(7) the term `credit card system member' means a
financial institution or other entity that is a member of a credit card
system, including an entity, whether affiliated with or identical to the
credit card issuer, that is the sole member of a credit card system.'.
SEC. 250008. INFORMATION NETWORK.
- (a) HOTLINE- The Attorney General shall, subject to the
availability of appropriations, establish a national toll-free hotline
for the purpose of--
- (1) providing general information on telemarketing fraud to interested persons; and
- (2) gathering information related to possible violations of this Act.
- (b) ACTION ON INFORMATION GATHERED- The Attorney General shall
work in cooperation with the Federal Trade Commission to ensure that
information gathered through the hotline shall be acted on in an
appropriate manner.
TITLE XXVI--COMMISSION MEMBERSHIP AND APPOINTMENT
SEC. 260001. COMMISSION MEMBERSHIP AND APPOINTMENT.
- (a) MEMBERSHIP- Section 211(B)(f) of Public Law 101-515 (104 Stat. 2123) is amended to read as follows:
- `(f) NUMBER AND APPOINTMENT-
- `(1) IN GENERAL- The Commission shall be composed of 29 members as follows:
- `(A) Nine individuals appointed from national law enforcement organizations representing law enforcement officers, of whom--
- `(i) two shall be appointed by the Speaker of the House of Representatives;
- `(ii) two shall be appointed by the majority leader of the Senate;
- `(iii) two shall be appointed by the minority leader of the House of Representatives;
- `(iv) two shall be appointed by the minority leader of the Senate; and
- `(v) one shall be appointed by the President.
- `(B) Nine individuals appointed from national law enforcement organizations representing law enforcement management, of whom--
- `(i) two shall be appointed by the Speaker of the House of Representatives;
- `(ii) two shall be appointed by the majority leader of the Senate;
- `(iii) two shall be appointed by the minority leader of the House of Representatives;
- `(iv) two shall be appointed by the minority leader of the Senate; and
- `(v) one shall be appointed by the President.
- `(C) Two individuals appointed with academic expertise regarding law enforcement issues, of whom--
- `(i) one shall be appointed by the Speaker of the House of Representatives and the majority leader of the Senate; and
- `(ii) one shall be appointed by the minority leader of the Senate and the minority leader of the House of Representatives.
- `(D) Two Members of the House of Representatives,
appointed by the Speaker and the minority leader of the House of
Representatives.
- `(E) Two Members of the Senate, appointed by the majority leader and the minority leader of the Senate.
- `(F) One individual from the Department of Justice, appointed by the President.
- `(G) Two individuals representing a State or local
governmental entity, such as a Governor, mayor, or State attorney
general, to be appointed jointly by the majority leader and the minority
leader of the Senate.
- `(H) Two individuals representing a State or local
governmental entity, such as a Governor, mayor, or State attorney
general, to be appointed jointly by the Speaker and the minority leader
of the House of Representatives.
- `(2) COMPTROLLER GENERAL- The Comptroller General shall
serve in an advisory capacity and shall oversee the methodology and
approve of the Commission study.
- `(3) CHAIRPERSON- Upon their appointment the members of the Commission shall select one of their number to act as chairperson.
- `(4) APPOINTMENT DATE- Members of the Commission shall be appointed no later than 90 days after the enactment of this Act.'.
- (b) REPORT- Section 211(B)(p) of Public Law 101-515 (104 Stat.
2124) is amended by striking `the expiration' and all that follows
through `this Act,' and inserting `March 31, 1996,'.
- (c) REIMBURSEMENT-
- (1) Section 211(B)(i) of Public Law 101-515 (104 Stat.
2124) is amended by striking `non-reimbursable' and inserting `a
reimbursable'.
- (2) Section 211(b)(j) of Public Law 101-515 (104 Stat.
2124) is amended by adding after `Commission' the following: `, on a
reimbursable basis,'.
SEC. 260002. CONFORMING AMENDMENT.
- Section 3404(a) of Public Law 101-647 (42 U.S.C. 3721 note) is repealed.
TITLE XXVII--PRESIDENTIAL SUMMIT ON VIOLENCE AND NATIONAL COMMISSION ON CRIME PREVENTION AND CONTROL
SEC. 270001. PRESIDENTIAL SUMMIT.
- Congress calls on the President to convene a national summit
on violence in America prior to convening the Commission established
under this title.
SEC. 270002. ESTABLISHMENT; COMMITTEES AND TASK FORCES; REPRESENTATION.
- (a) ESTABLISHMENT AND APPOINTMENT OF MEMBERS- There is
established a commission to be known as the `National Commission on
Crime Control and Prevention'. The Commission shall be composed of 28
members appointed as follows:
- (1) 10 persons by the President, not more than 6 of whom shall be of the same major political party.
- (2) 9 persons by the President pro tempore of the Senate, 5
of whom shall be appointed on the recommendation of the Majority Leader
of the Senate and the chairman of the Committee on the Judiciary of the
Senate, and 4 of whom shall be appointed on the recommendation of the
Minority Leader of the Senate and the ranking minority member of the
Committee on the Judiciary of the Senate.
- (3) 9 persons appointed by the Speaker of the House of
Representatives, in consultation with the chairman of the Committee on
the Judiciary of the House of Representatives, and 4 of whom shall be
appointed on the recommendation of the Minority Leader of the House of
Representatives, in consultation with the ranking member of the
Committee on the Judiciary.
- (b) COMMITTEES AND TASK FORCES- The Commission shall establish
committees or task forces from among its members for the examination of
specific subject areas and the carrying out of other functions or
responsibilities of the Commission, including committees or task forces
for the examination of the subject areas of crime and violence
generally, the causes of the demand for drugs, violence in schools, and
violence against women, as described in subsections (b) through (e) of
section 270004.
- (c) REPRESENTATION- (1) At least 1 member of the Commission
appointed by the President, at least 2 members of the Commission
appointed by the President pro tempore of the Senate, and at least 2
members of the Commission appointed by the Speaker of the House of
Representatives shall be persons well-qualified to participate in the
Commission's examination of the subject area of crime and violence
generally, with education, training, expertise, or experience in such
areas as law enforcement, law, sociology, psychology, social work, and
ethnography and urban poverty (including health care, housing,
education, and employment).
- (2) At least 1 member of the Commission appointed by the
President, at least 2 members of the Commission appointed by the
President pro tempore of the Senate, and at least 2 members of the
Commission appointed by the Speaker of the House of Representatives
shall be persons well-qualified to participate in the Commission's
examination of the subject area of the causes of the demand for drugs,
with education, training, expertise, or experience in such areas as
addiction, biomedicine, sociology, psychology, law, and ethnography and
urban poverty (including health care, housing, education, and
employment).
- (3) At least 1 member of the Commission appointed by the
President, at least 2 members of the Commission appointed by the
President pro tempore of the Senate, and at least 2 members of the
Commission appointed by the Speaker of the House of Representatives
shall be persons well-qualified to participate in the Commission's
examination of the subject area of violence in schools, with education,
training, expertise, or experience in such areas as law 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 of the
Commission appointed by the Speaker of the House of Representatives
shall be persons well-qualified to participate in the Commission's
examination of the subject area of violence against women, as survivors
of violence, or as persons with education, training, expertise, or
experience in such areas as law enforcement, law, judicial
administration, prosecution, defense, victim services or advocacy in
sexual assault or domestic violence cases (including medical services
and counseling), and protection of victims' rights.
SEC. 270003. PURPOSES.
- The purposes of the Commission are as follows:
- (1) To develop a comprehensive proposal for preventing and
controlling crime and violence in the United States, including cost
estimates for implementing any recommendations made by the Commission.
- (2) To bring attention to successful models and programs in crime prevention and crime control.
- (3) To reach out beyond the traditional criminal justice community for ideas for controlling and preventing crime.
- (4) To recommend improvements in the coordination of
local, State, Federal, and international crime control and prevention
efforts, including efforts relating to crime near international borders.
- (5) To make a comprehensive study of the economic and
social factors leading to or contributing to crime and violence,
including the causes of illicit drug use and other substance abuse, and
to develop specific proposals for legislative and administrative actions
to reduce crime and violence and the factors that contribute to it.
- (6) To recommend means of utilizing criminal justice
resources as effectively as possible, including targeting finite
correctional facility space to the most serious and violent offenders,
and considering increased use of intermediate sanctions for offenders
who can be dealt with adequately by such means.
- (7) To examine distinctive crime problems and the impact
of crime on members of minority groups, Indians living on reservations,
and other groups defined by race, ethnicity, religion, age, disability,
or other characteristics, and to recommend specific responses to the
distinctive crime problems of such groups.
- (8) To examine the problem of sexual assaults, domestic
violence, and other criminal and unlawful acts that particularly affect
women, and to recommend Federal, State, and local strategies for more
effectively preventing and punishing such crimes and acts.
- (9) To examine the treatment of victims in Federal,
State, and local criminal justice systems, and to develop
recommendations to enhance and protect the rights of victims.
- (10) To examine the ability of Federal, State, and local
criminal justice systems to administer criminal law and criminal
sanctions impartially without discrimination on the basis of race,
ethnicity, religion, gender, or other legally proscribed grounds, and to
make recommendations for correcting any deficiencies in the impartial
administration of justice on these grounds.
- (11) To examine the nature, scope, causes, and
complexities of violence in schools and to recommend a comprehensive
response to that problem.
SEC. 270004. RESPONSIBILITIES OF THE COMMISSION.
- (a) IN GENERAL- The responsibilities of the Commission shall
include such study and consultation as may be necessary or appropriate
to carry out the purposes set forth in section 270003, including the
specific measures described in subsections (b) through (e) in relation
to the subject areas addressed in those subsections.
- (b) CRIME AND VIOLENCE GENERALLY- In addressing the subject of
crime and violence generally, the activities of the Commission shall
include the following:
- (1) Reviewing the effectiveness of traditional criminal justice approaches in preventing and controlling crime and violence.
- (2) Examining the impact that changes in Federal and State law have had in controlling crime and violence.
- (3) Examining the impact of changes in Federal
immigration laws and policies and increased development and growth along
United States international borders on crime and violence in the United
States, particularly among the Nation's youth.
- (4) Examining the problem of youth gangs and providing
recommendations as to how to reduce youth involvement in violent crime.
- (5) Examining the extent to which the use of dangerous
weapons in the commission of crime has contributed to violence and
murder in the United States.
- (6) Convening field hearings in various regions of the
country to receive testimony from a cross section of criminal justice
professionals, business leaders, elected officials, medical doctors, and
other persons who wish to participate.
- (7) Reviewing all segments of the Nation's criminal
justice systems, including the law enforcement, prosecution, defense,
judicial, and corrections components in developing the crime control and
prevention proposal.
- (c) CAUSES OF THE DEMAND FOR DRUGS- In addressing the subject
of the causes of the demand for drugs, the activities of the Commission
shall include the following:
- (1) Examining the root causes of illicit drug use and
abuse in the United States, including by compiling existing research
regarding those root causes, and including consideration of the
following factors:
- (A) The characteristics of potential illicit drug
users and abusers or drug traffickers, including age and social,
economic, and educational backgrounds.
- (B) Environmental factors that contribute to illicit
drug use and abuse, including the correlation between unemployment,
poverty, and homelessness and drug experimentation and abuse.
- (C) The effects of substance use and abuse by a
relative or friend in contributing to the likelihood and desire of an
individual to experiment with illicit drugs.
- (D) Aspects of, and changes in cultural values, attitudes and traditions that contribute to illicit drug use and abuse.
- (E) The physiological and psychological factors that contribute to the desire for illicit drugs.
- (2) Evaluating Federal, State, and local laws and policies
on the prevention of drug abuse, control of unlawful production,
distribution and use of controlled substances, and the efficacy of
sentencing policies with regard to those laws.
- (3) Analyzing the allocation of resources among
interdiction of controlled substances entering the United States,
enforcement of Federal laws relating to the unlawful production,
distribution, and use of controlled substances, education with regard to
and the prevention of the unlawful use of controlled substances, and
treatment and rehabilitation of drug abusers.
- (4) Analyzing current treatment and rehabilitation methods and making recommendations for improvements.
- (5) Identifying any existing gaps in drug abuse policy
that result from the lack of attention to the root causes of drug abuse.
- (6) Assessing the needs of government at all levels for
resources and policies for reducing the overall desire of individuals to
experiment with and abuse illicit drugs.
- (7) Making recommendations regarding necessary
improvements in policies for reducing the use of illicit drugs in the
United States.
- (d) VIOLENCE IN SCHOOLS- In addressing the subject of violence
in schools, the activities of the Commission shall include the
following:
- (1) Defining the causes of violence in schools.
- (2) Defining the scope of the national problem of violence in schools.
- (3) Providing statistics and data on the problem of violence in schools on a State-by-State basis.
- (4) Investigating the problem of youth gangs and their
relation to violence in schools and providing recommendations on how to
reduce youth involvement in violent crime in schools.
- (5) Examining the extent to which dangerous weapons have contributed to violence and murder in schools.
- (6) Exploring the extent to which the school environment has contributed to violence in schools.
- (7) Reviewing the effectiveness of current approaches in preventing violence in schools.
- (e) VIOLENCE AGAINST WOMEN- In addressing the subject of
sexual assault, domestic violence, and other criminal and unlawful acts
that particularly affect women, the activities of the Commission shall
include the following:
- (1) Evaluating the adequacy of, and making recommendations
regarding, current law enforcement efforts at the Federal, State, and
local levels to reduce the incidence of such crimes and acts, and to
punish those responsible for such crimes and acts.
- (2) Evaluating the adequacy of, and making recommendations
regarding, the responsiveness of prosecutors and courts to such crimes
and acts.
- (3) Evaluating the adequacy of rules of evidence,
practice, and procedure to ensure the effective prosecution and
conviction of perpetrators of such crimes and acts and to protect
victims of such crimes and acts from abuse in legal proceedings, making
recommendations, where necessary, to improve those rules.
- (4) Evaluating the adequacy of pretrial release,
sentencing, incarceration, and post-conviction release in relation to
such crimes and acts.
- (5) Evaluating the adequacy of, and making recommendations
regarding, the adequacy of Federal and State laws on sexual assault and
the need for a more uniform statutory response to sex offenses,
including sexual assaults and other sex offenses committed by offenders
who are known or related by blood or marriage to the victim.
- (6) Evaluating the adequacy of, and making recommendations
regarding, the adequacy of Federal and State laws on domestic violence
and the need for a more uniform statutory response to domestic violence.
- (7) Evaluating the adequacy of, and making recommendations
regarding, the adequacy of current education, prevention, and
protective services for victims of such crimes and acts.
- (8) Assessing the issuance, formulation, and enforcement
of protective orders, whether or not related to a criminal proceeding,
and making recommendations for their more effective use in domestic
violence and stalking cases.
- (9) Assessing the problem of stalking and recommending effective means of response to the problem.
- (10) Evaluating the adequacy of, and making
recommendations regarding, programs for public awareness and public
dissemination of information to prevent such crimes and acts.
- (11) Evaluating the treatment of victims of such crimes
and acts in Federal, State, and local criminal justice systems, and
making recommendations designed to improve such treatment.
SEC. 270005. ADMINISTRATIVE MATTERS.
- (a) CHAIR- The President shall designate a member of the Commission to chair the Commission.
- (b) NO ADDITIONAL PAY OR BENEFITS; PER DIEM- Members of the
Commission shall receive no pay or benefits by reason of their service
on the Commission, but shall receive travel expenses, including per diem
in lieu of subsistence, at rates authorized for employees of agencies
under sections 5702 and 5703 of title 5, United States Code.
- (c) VACANCIES- Vacancies on the Commission shall be filled in the same manner as initial appointments.
- (d) MEETINGS OPEN TO THE PUBLIC- The Commission shall be
considered to be an agency for the purposes of section 552b of title 5,
United States Code, relating to the requirement that meetings of Federal
agencies be open to the public.
SEC. 270006. STAFF AND SUPPORT SERVICES.
- (a) DIRECTOR- With the approval of the Commission, the chairperson shall appoint a staff director for the Commission.
- (b) STAFF- With the approval of the Commission, the staff
director may appoint and fix the compensation of staff personnel for the
Commission.
- (c) CIVIL SERVICE LAWS- The staff of the Commission shall be
appointed without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service. Staff
compensation may be set without regard to the provisions of chapter 51
and subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates, but in no event shall any
such personnel be compensated at a rate greater than the rate of basic
pay for level ES-4 of the Senior Executive Service Schedule under
section 5382 of that title. The staff director shall be paid at a rate
not to exceed the rate of basic pay for level V of the Executive
Schedule.
(d) CONSULTANTS- With the approval of the Commission, the staff director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code.
- (e) STAFF OF FEDERAL AGENCIES- Upon the request of the
Commission, the head of any Federal agency may detail, on a reimbursable
basis, personnel of that agency to the Commission to assist in carrying
out its duties.
- (f) PHYSICAL FACILITIES- The Administrator of the General
Service Administration shall provide suitable office space for the
operation of the Commission. The facilities shall serve as the
headquarters of the Commission and shall include all necessary equipment
and incidentals required for proper functioning.
SEC. 270007. POWERS.
- (a) HEARINGS- For the purposes of carrying out this title, the
Commission may conduct such hearings, sit and act at such times and
places, take such testimony, and receive such evidence, as the
Commission considers appropriate. The Commission may administer oaths
before the Commission.
- (b) DELEGATION- Any committee, task force, member, or agent,
of the Commission may, if authorized by the Commission, take any action
that the Commission is authorized to take under this title.
- (c) ACCESS TO INFORMATION- The Commission may request directly
from any Federal agency or entity in the executive or legislative
branch such information as is needed to carry out its functions.
- (d) MAIL- The Commission may use the United States mails in
the same manner and under the same conditions as other Federal agencies.
SEC. 270008. REPORT; TERMINATION.
- Not later than 2 years after the date on which the Commission
is fully constituted under section 270001, the Commission shall submit a
detailed report to the Congress and the President containing its
findings and recommendations. The Commission shall terminate 30 days
after the submission of its report.
SEC. 270009. AUTHORIZATION OF APPROPRIATIONS.
- There are authorized to be appropriated to carry out this title--
- (1) $1,000,000 for fiscal year 1996.
TITLE XXVIII--SENTENCING PROVISIONS
SEC. 280001. IMPOSITION OF SENTENCE.
- Section 3553(a)(4) of title 18, United States Code, is amended to read as follows:
- `(4) the kinds of sentence and the sentencing range established for--
- `(A) the applicable category of offense committed by
the applicable category of defendant as set forth in the guidelines
issued by the Sentencing Commission pursuant to section 994(a)(1) of
title 28, United States Code, and that are in effect on the date the
defendant is sentenced; or
- `(B) in the case of a violation of probation or
supervised release, the applicable guidelines or policy statements
issued by the Sentencing Commission pursuant to section 994(a)(3) of
title 28, United States Code;'.
SEC. 280002. TECHNICAL AMENDMENT TO MANDATORY CONDITIONS OF PROBATION.
- Section 3563(a)(3) of title 18, United States Code, is amended
by striking `possess illegal controlled substances' and inserting
`unlawfully possess a controlled substance'.
SEC. 280003. DIRECTION TO UNITED STATES SENTENCING COMMISSION REGARDING SENTENCING ENHANCEMENTS FOR HATE CRIMES.
- (a) DEFINITION- In this section, `hate crime' means a crime in
which the defendant intentionally selects a
victim, or in the case of a property crime, the property that is the
object of the crime, because of the actual or perceived race, color,
religion, national origin, ethnicity, gender, disability, or sexual
orientation of any person.
- (b) SENTENCING ENHANCEMENT- Pursuant to section 994 of title
28, United States Code, the United States Sentencing Commission shall
promulgate guidelines or amend existing guidelines to provide sentencing
enhancements of not less than 3 offense levels for offenses that the
finder of fact at trial determines beyond a reasonable doubt are hate
crimes. In carrying out this section, the United States Sentencing
Commission shall ensure that there is reasonable consistency with other
guidelines, avoid duplicative punishments for substantially the same
offense, and take into account any mitigating circumstances that might
justify exceptions.
SEC. 280004. AUTHORIZATION OF PROBATION FOR PETTY OFFENSES IN CERTAIN CASES.
- Section 3561(a)(3) of title 18, United States Code, is amended by inserting `that is not a petty offense' before the period.
SEC. 280005. FULL-TIME VICE CHAIRS OF THE UNITED STATES SENTENCING COMMISSION.
- (a) ESTABLISHMENT OF POSITIONS- Section 991 (a) of title 28, United States Code, is amended--
- (1) in the second sentence by striking the period and
inserting `and three of whom shall be designated by the President as
Vice Chairs.';
- (2) in the fourth sentence by striking the period and
inserting `, and of the three Vice Chairs, no more than two shall be
members of the same political party.'; and
- (3) in the sixth sentence by striking `Chairman' and inserting `Chair, Vice Chairs,'.
- (b) TERMS AND COMPENSATION- Section 992(c) of title 28, United States Code, is amended--
- (1) by amending the first sentence to read as follows:
`The Chair and Vice Chairs of the Commission shall hold full-time
positions and shall be compensated during their terms of office at the
annual rate at which judges of the United States courts of appeals are
compensated.';
- (2) in the second sentence by striking 'Chairman' and inserting `Chair and Vice Chairs'; and
- (3) in the third sentence by striking `Chairman' and inserting `Chair and Vice Chairs,'.
- (c) TECHNICAL AMENDMENTS- Chapter 58 of title 28, United States Code, is amended--
- (1) by striking `Chairman' each place it appears and inserting `Chair';
- (2) in the fifth sentence of section 991(a) by striking `his' and inserting `the Attorney General's';
- (3) in the fourth sentence of section 992(c) by striking `his' and inserting `the judge's';
- (4) in section 994(i)(2) by striking `he' and inserting
`the defendant' and striking `his' and inserting `the defendant's'; and
- (5) in section 996(a) by striking `him' and inserting `the Staff Director'.
SEC. 280006. COCAINE PENALTY STUDY.
- Not later than December 31, 1994, the United States Sentencing
Commission shall submit a report to Congress on issues relating to
sentences applicable to offenses involving the possession or
distribution of all forms of cocaine. The report shall address the
differences in penalty levels that apply to different forms of cocaine
and include any recommendations that the Commission may have for
retention or modification of such differences in penalty levels.
TITLE XXIX--COMPUTER CRIME
SEC. 290001. COMPUTER ABUSE AMENDMENTS ACT OF 1994.
- (a) SHORT TITLE- This subtitle may be cited as the `Computer Abuse Amendments Act of 1994'.
- (b) PROHIBITION- Section 1030(a)(5) of title 18, United States Code, is amended to read as follows:
- `(5)(A) through means of a computer used in interstate
commerce or communications, knowingly causes the transmission of a
program, information, code, or command to a computer or computer system
if--
- `(i) the person causing the transmission intends that such transmission will--
- `(I) damage, or cause damage to, a computer, computer system, network, information, data, or program; or
- `(II) withhold or deny, or cause the withholding
or denial, of the use of a computer, computer services, system or
network, information, data or program; and
- `(ii) the transmission of the harmful component of the program, information, code, or command--
- `(I) occurred without the authorization of the
persons or entities who own or are responsible for the computer system
receiving the program, information, code, or command; and
- `(II)(aa) causes loss or damage to one or more other persons of value aggregating $1,000 or more during any 1-year period; or
- `(bb) modifies or impairs, or potentially modifies
or impairs, the medical examination, medical diagnosis, medical
treatment, or medical care of one or more individuals; or
- `(B) through means of a computer used in interstate
commerce or communication, knowingly causes the transmission of a
program, information, code, or command to a computer or computer
system--
- `(i) with reckless disregard of a substantial and unjustifiable risk that the transmission will--
- `(I) damage, or cause damage to, a computer, computer system, network, information, data or program; or
- `(II) withhold or deny or cause the withholding or
denial of the use of a computer, computer services, system, network,
information, data or program; and
- `(ii) if the transmission of the harmful component of the program, information, code, or command--
- `(I) occurred without the authorization of the
persons or entities who own or are responsible for the computer system
receiving the program, information, code, or command; and
- `(II)(aa) causes loss or damage to one or more
other persons of a value aggregating $1,000 or more during any 1-year
period; or
- `(bb) modifies or impairs, or potentially modifies
or impairs, the medical examination, medical diagnosis, medical
treatment, or medical care of one or more individuals;'.
- (c) PENALTY- Section 1030(c) of title 18, United States Code, is amended--
- (1) in paragraph (2)(B) by striking `and' after the semicolon;
- (2) in paragraph (3)(A) by inserting `(A)' after `(a)(5)';
- (3) in paragraph (3)(B) by striking the period at the end thereof and inserting `; and'; and
- (4) by adding at the end the following new paragraph:
- `(4) a fine under this title or imprisonment for not more
than 1 year, or both, in the case of an offense under subsection
(a)(5)(B).'.
- (d) CIVIL ACTION- Section 1030 of title 18, United States
Code, is amended by adding at the end thereof the following new
subsection:
- `(g) Any person who suffers damage or loss by reason of a
violation of the section, other than a violation of subsection
(a)(5)(B), may maintain a civil action against the violator to obtain
compensatory damages and injunctive relief or other equitable relief.
Damages for violations of any subsection other than subsection
(a)(5)(A)(ii)(II)(bb) or (a)(5)(B)(ii)(II)(bb) are limited to economic
damages. No action may be brought under this subsection unless such
action is begun within 2 years of the date of the act complained of or
the date of the discovery of the damage.'.
- (e) REPORTING REQUIREMENTS- Section 1030 of title 18, United
States Code, is amended by adding at the end the following new
subsection:
- `(h) The Attorney General and the Secretary of the Treasury
shall report to the Congress annually, during the first 3 years
following the date of the enactment of this subsection, concerning
investigations and prosecutions under section 1030(a)(5) of title 18,
United States Code.'.
- (f) PROHIBITION- Section 1030(a)(3) of title 18, United States
Code, is amended by inserting `adversely' before `affects the use of
the Government's operation of such computer'.
TITLE XXX--PROTECTION OF PRIVACY OF INFORMATION IN STATE MOTOR VEHICLE RECORDS
SEC. 300001. SHORT TITLE.
- This title may be cited as the `Driver's Privacy Protection Act of 1994'.
SEC. 300002. PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL INFORMATION FROM STATE MOTOR VEHICLE RECORDS.
- (a) IN GENERAL- Title 18, United States Code, is amended by inserting after chapter 121 the following new chapter:
`CHAPTER 123--PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL INFORMATION FROM STATE MOTOR VEHICLE RECORDS
`Sec. 2721. Prohibition on release and use of certain personal information from State motor vehicle records
- `(a) IN GENERAL- Except as provided in subsection (b), a State
department of motor vehicles, and any officer, employee, or contractor,
thereof, shall not knowingly disclose or otherwise make available to
any person or entity personal information about any individual obtained
by the department in connection with a motor vehicle record.
- `(b) PERMISSIBLE USES- Personal information referred to in
subsection (a) shall be disclosed for use in connection with matters of
motor vehicle or driver safety and theft, motor vehicle emissions, motor
vehicle product alterations, recalls, or advisories, performance
monitoring of motor vehicles and dealers by motor vehicle manufacturers,
and removal of non-owner records from the original owner records of
motor vehicle manufacturers to carry out the purposes of the Automobile
Information Disclosure Act, the Motor Vehicle Information and Cost
Saving Act, the National Traffic and Motor Vehicle Safety Act of 1966,
the Anti-Car Theft Act of 1992, and the Clean Air Act, and may be
disclosed as follows:
- `(1) For use by any government agency, including any
court or law enforcement agency, in carrying out its functions, or any
private person or entity acting on behalf of a Federal, State, or local
agency in carrying out its functions.
- `(2) For use in connection with matters of motor vehicle
or driver safety and theft; motor vehicle emissions; motor vehicle
product alterations, recalls, or advisories; performance monitoring of
motor vehicles, motor vehicle parts and dealers; motor vehicle market
research activities, including survey research; and removal of non-owner
records from the original owner records of motor vehicle manufacturers.
- `(3) For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only--
- `(A) to verify the accuracy of personal information
submitted by the individual to the business or its agents, employees, or
contractors; and
- `(B) if such information as so submitted is not
correct or is no longer correct, to obtain the correct information, but
only for the purposes of preventing fraud by, pursuing legal remedies
against, or recovering on a debt or security interest against, the
individual.
- `(4) For use in connection with any civil, criminal,
administrative, or arbitral proceeding in any Federal, State, or local
court or agency or before any self-regulatory body, including the
service of process, investigation in anticipation of litigation, and the
execution or enforcement of judgments and orders, or pursuant to an
order of a Federal, State, or local court.
- `(5) For use in research activities, and for use in
producing statistical reports, so long as the personal information is
not published, redisclosed, or used to contact individuals.
- `(6) For use by any insurer or insurance support
organization, or by a self-insured entity, or its agents, employees, or
contractors, in connection with claims investigation activities,
antifraud activities, rating or underwriting.
- `(7) For use in providing notice to the owners of towed or impounded vehicles.
- `(8) For use by any licensed private investigative agency
or licensed security service for any purpose permitted under this
subsection.
- `(9) For use by an employer or its agent or insurer to
obtain or verify information relating to a holder of a commercial
driver's license that is required under the Commercial Motor Vehicle
Safety Act of 1986 (49 U.S.C. App. 2710 et seq.).
- `(10) For use in connection with the operation of private toll transportation facilities.
- `(11) For any other use in response to requests for
individual motor vehicle records if the motor vehicle department has
provided in a clear and conspicuous manner on forms for issuance or
renewal of operator's permits, titles, registrations, or identification
cards, notice that personal information collected by the department may
be disclosed to any business or person, and has provided in a clear and
conspicuous manner on such forms an opportunity to prohibit such
disclosures.
- `(12) For bulk distribution for surveys, marketing or
solicitations if the motor vehicle department has implemented methods
and procedures to ensure that--
- `(A) individuals are provided an opportunity, in a clear and conspicuous manner, to prohibit such uses; and
- `(B) the information will be used, rented, or sold
solely for bulk distribution for surveys, marketing, and solicitations,
and that surveys, marketing, and solicitations will not be directed at
those individuals who have requested in a timely fashion that they not
be directed at them.
- `(13) For use by any requester, if the requester
demonstrates it has obtained the written consent of the individual to
whom the information pertains.
- `(14) For any other use specifically authorized under the
law of the State that holds the record, if such use is related to the
operation of a motor vehicle or public safety.
- `(c) RESALE OR REDISCLOSURE- An authorized recipient of
personal information (except a recipient under subsection (b)(11) or
(12)) may resell or redisclose the information only for a use permitted
under subsection (b) (but not for uses under subsection (b) (11) or
(12)). An authorized recipient under subsection (b)(11) may resell or
redisclose personal information for any purpose. An authorized recipient
under subsection (b)(12) may resell or redisclose personal information
pursuant to subsection (b)(12). Any authorized recipient (except a
recipient under subsection (b)(11)) that resells or rediscloses personal
information covered by this title must keep for a period of 5 years
records identifying each person or entity that receives information and
the permitted purpose for which the information will be used and must
make such records available to the motor vehicle department upon
request.
- `(d) WAIVER PROCEDURES- A State motor vehicle department may
establish and carry out procedures under which the department or its
agents, upon receiving a request for personal information that does not
fall within one of the exceptions in subsection (b), may mail a copy of
the request to the individual about whom the information was requested,
informing such individual of the request, together with a statement to
the effect that the information will not be released unless the
individual waives such individual's right to privacy under this section.
`Sec. 2722. Additional unlawful acts
- `(a) PROCUREMENT FOR UNLAWFUL PURPOSE- It shall be unlawful
for any person knowingly to obtain or disclose personal information,
from a motor vehicle record, for any use not permitted under section
2721(b) of this title.
- `(b) FALSE REPRESENTATION- It shall be unlawful for any person
to make false representation to obtain any personal information from an
individual's motor vehicle record.
`Sec. 2723. Penalties
- `(a) CRIMINAL FINE- A person who knowingly violates this chapter shall be fined under this title.
- `(b) VIOLATIONS BY STATE DEPARTMENT OF MOTOR VEHICLES- Any
State department of motor vehicles that has a policy or practice of
substantial noncompliance with this chapter shall be subject to a civil
penalty imposed by the Attorney General of not more than $5,000 a day
for each day of substantial noncompliance.
`Sec. 2724. Civil action
- `(a) CAUSE OF ACTION- A person who knowingly obtains,
discloses or uses personal information, from a motor vehicle record, for
a purpose not permitted under this chapter shall be liable to the
individual to whom the information pertains, who may bring a civil
action in a United States district court.
- `(b) REMEDIES- The court may award--
- `(1) actual damages, but not less than liquidated damages in the amount of $2,500;
- `(2) punitive damages upon proof of willful or reckless disregard of the law;
- `(3) reasonable attorneys' fees and other litigation costs reasonably incurred; and
- `(4) such other preliminary and equitable relief as the court determines to be appropriate.
`Sec. 2725. Definitions
- `In this chapter--
- `(1)`motor vehicle record' means any record that pertains
to a motor vehicle operator's permit, motor vehicle title, motor vehicle
registration, or identification card issued by a department of motor
vehicles;
- `(2)`person' means an individual, organization or entity, but does not include a State or agency thereof; and
- `(3)`personal information' means information that
identifies an individual, including an individual's photograph, social
security number, driver identification number, name, address (but not
the 5-digit zip code), telephone number, and medical or disability
information, but does not include information on vehicular accidents,
driving violations, and driver's status.'.
- (b) CLERICAL AMENDMENT- The table of parts at the beginning of
part I of title 18, United States Code, is amended by adding at the end
the following new item:
2271'
SEC. 300003. EFFECTIVE DATE.
- The amendments made by section 300002 shall become effective
on the date that is 3 years after the date of enactment of this Act.
After the effective date, if a State has implemented a procedure under
section 2721(b) (11) and (12) of title 18, United States Code, as added
by section 2902, for prohibiting disclosures or uses of personal
information, and the procedure otherwise meets the requirements of
subsection (b) (11) and (12), the State shall be in compliance with
subsection (b) (11) and (12) even if the procedure is not available to
individuals until they renew their license, title, registration or
identification card, so long as the State provides some other procedure
for individuals to contact the State on their own initiative to prohibit
such uses or disclosures. Prior to the effective date, personal
information covered by the amendment made by section 300002 may be
released consistent with State law or practice.
TITLE XXXI--VIOLENT CRIME REDUCTION TRUST FUND
SEC. 310001. CREATION OF VIOLENT CRIME REDUCTION TRUST FUND.
- (a) VIOLENT CRIME REDUCTION TRUST FUND- There is established a
separate account in the Treasury, known as the `Violent Crime Reduction
Trust Fund' (referred to in this section as the `Fund') into which
shall be transferred, in accordance with subsection (b), savings
realized from implementation of section 5 of the Federal Workforce
Restructuring Act of 1994 (5 U.S.C. 3101 note; Public Law 103-226).
- (b) TRANSFERS INTO THE FUND- On the first day of the following
fiscal years (or as soon thereafter as possible for fiscal year 1995),
the following amounts shall be transferred from the general fund to the
Fund--
- (1) for fiscal year 1995, $2,423,000,000;
- (2) for fiscal year 1996, $4,287,000,000;
- (3) for fiscal year 1997, $5,000,000,000;
- (4) for fiscal year 1998, $5,500,000,000;
- (5) for fiscal year 1999, $6,500,000,000; and
- (6) for fiscal year 2000, $6,500,000,000.
- (c) APPROPRIATIONS FROM THE FUND- (1) Amounts in the Fund may
be appropriated exclusively for the purposes authorized in this Act and
for those expenses authorized by any Act enacted before this Act that
are expressly qualified for expenditure from the Fund.
- (2) Amounts appropriated under paragraph (1) and outlays
flowing from such appropriations shall not be taken into account for
purposes of any budget enforcement procedures under the Balanced Budget
and Emergency Deficit Control Act of 1985 except section 251A of that
Act as added by subsection (g), or for purposes of section 605(b) of the
Congressional Budget Act of 1974. Amounts of new budget authority and
outlays under paragraph (1) that are included in concurrent resolutions
on the budget shall not be taken into account for purposes of sections
601(b), 606(b), and 606(c) of the Congressional Budget Act of 1974, or
for purposes of section 24 of House Concurrent Resolution 218 (One
Hundred Third Congress).
- (d) LISTING OF THE FUND AMONG GOVERNMENT TRUST FUNDS- Section
1321(a) of title 31, United States Code, is amended by inserting at the
end the following new paragraph:
- `(91) Violent Crime Reduction Trust Fund.'.
- (e) REQUIREMENT FOR THE PRESIDENT TO REPORT ANNUALLY ON THE
STATUS OF THE TRUST FUND- Section 1105(a) of title 31, United States
Code, is amended by adding at the end the following new paragraphs:
- `(30) information about the Violent Crime Reduction Trust Fund, including a separate statement of amounts in that Trust Fund.
- `(31) an analysis displaying, by agency, proposed
reductions in full-time equivalent positions compared to the current
year's level in order to comply with section 5 of the Federal Workforce
Restructuring Act of 1994.'.
- (f) ALLOCATION AND SUBALLOCATION OF AMOUNTS IN THE FUND-
- (1) IN GENERAL- Section 602(a) of the Congressional Budget Act of 1974 is amended--
- (A) in paragraph (1)(A) by striking `and' at the end
of clause (ii), by striking the semicolon and inserting a comma at the
end of clause (iii), and by adding after clause (iii) the following:
- `(iv) new budget authority from the Violent Crime Reduction Trust Fund, and
- `(v) outlays from the Violent Crime Reduction Trust Fund;';
- (B) in paragraph (2) by striking `and' at the end of subparagraph (B) and by adding after subparagraph (C) the following:
- `(D) new budget authority from the Violent Crime Reduction Trust Fund; and
- `(E) outlays from the Violent Crime Reduction Trust Fund;'; and
- (C) by adding at the end the following new paragraph:
- `(4) NO DOUBLE COUNTING- Amounts allocated among
committees under clause (iv) or (v) of paragraph (1)(A) or under
subparagraph (D) or (E) of paragraph (2) shall not be included within
any other allocation under that paragraph.'.
- (2) FISCAL YEAR 1995- The chairman of the Committee on the
Budget shall submit to the House of Representatives or the Senate, as
the case may be, appropriately revised allocations under clauses (iv)
and (v) of paragraph (1)(A) or subparagraphs (D) and (E) of paragraph
(2) of section 602(a) of the Congressional Budget Act of 1974 for fiscal
year 1995 to carry out subsection (b)(1).
- (g) VIOLENT CRIME REDUCTION TRUST FUND SEQUESTRATION-
- (1) SEQUESTRATION- Part C of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by adding after section
251 the following new section:
`SEC. 251A. SEQUESTRATION WITH RESPECT TO VIOLENT CRIME REDUCTION TRUST FUND.
- `(a) SEQUESTRATION- Within 15 days after Congress adjourns to
end a session, there shall be a sequestration to eliminate any budgetary
excess in the Violent Crime Reduction Trust Fund as described in
subsection (b).
- `(b) ELIMINATING A BUDGETARY EXCESS-
- `(1) IN GENERAL- Except as provided by paragraph (2),
appropriations from the Violent Crime Reduction Trust Fund shall be
reduced by a uniform percentage necessary to eliminate any amount by
which estimated outlays in the budget year from the Fund exceed the
following levels of outlays:
- `(A) For fiscal year 1995, $703,000,000.
- `(B) For fiscal year 1996, $2,334,000,000.
- `(C) For fiscal year 1997, $3,936,000,000.
- `(D) For fiscal year 1998, $4,904,000,000.
- For fiscal year 1999, the comparable level for budgetary
purposes shall be deemed to be $5,639,000,000. For fiscal year 2000, the
comparable level for budgetary purposes shall be deemed to be
$6,225,000,000.
- `(2) SPECIAL OUTLAY ALLOWANCE- If estimated outlays from
the Fund for a fiscal year exceed the level specified in paragraph (1)
for that year, that level shall be increased by the lesser of that
excess or 0.5 percent of that level.
- `(c) LOOK-BACK- If, after June 30, an appropriation for the
fiscal year in progress is enacted that causes a budgetary excess in the
Violent Crime Reduction Trust Fund as described in subsection (b) for
that year (after taking into account any sequestration of amounts under
this section), the level set forth in subsection (b) for the next fiscal
year shall be reduced by the amount of that excess.
- `(d) WITHIN-SESSION SEQUESTRATION- If an appropriation for a
fiscal year in progress is enacted (after Congress adjourns to end the
session for the budget year and before July 1 of that fiscal year) that
causes a budgetary excess in the Violent Crime Reduction Trust Fund as
described in subsection (b) for that year (after taking into account any
prior sequestration of amounts under this section), 15 days later there
shall be a sequestration to eliminate that excess following the
procedures set forth in subsection (b).
- `(e) PART-YEAR APPROPRIATIONS AND OMB ESTIMATES- Paragraphs
(4) and (7) of section 251(a) shall apply to appropriations from, and
sequestration of amounts appropriated from, the Violent Crime Reduction
Trust Fund under this section in the same manner as those paragraphs
apply to discretionary appropriations and sequestrations under that
section.'.
- (2) REPORTS- Section 254(g) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by redesignating
paragraphs (4) and (5) as paragraphs (5) and (6), respectively, and by
inserting after paragraph (3) the following new paragraph:
- `(4) REPORTS ON SEQUESTRATION TO REDUCE THE VIOLENT CRIME
REDUCTION TRUST FUND- The final reports shall set forth for the budget
year estimates for each of the following:
- `(A) The amount of budget authority appropriated from
the Violent Crime Reduction Trust Fund and outlays resulting from those
appropriations.
- `(B) The sequestration percentage and reductions, if any, required under section 251A.'.
SEC. 310002. CONFORMING REDUCTION IN DISCRETIONARY SPENDING LIMITS.
- Upon enactment of this Act, the discretionary spending limits
set forth in section 601(a)(2) of the Congressional Budget Act of 1974
(2 U.S.C. 665(a)(2)) (as adjusted in conformance with section 251 of the
Balanced Budget and Emergency Deficit Control Act of 1985, and in the
Senate, with section 24 of House Concurrent Resolution 218 (103d
Congress)) for fiscal years 1995 through 1998 are reduced as follows:
- (1) for fiscal year 1995, for the discretionary category: $2,423,000,000 in new budget authority and $703,000,000 in outlays;
- (2) for fiscal year 1996, for the discretionary category:
$4,287,000,000 in new budget authority and $2,334,000,000 in outlays;
- (3) for fiscal year 1997, for the discretionary category:
$5,000,000,000 in new budget authority and $3,936,000,000 in outlays;
and
- (4) for fiscal year 1998, for the discretionary category:
$5,500,000,000 in new budget authority and $4,904,000,000 in outlays.
- For fiscal year 1999, the comparable amount for budgetary
purposes shall be deemed to be $6,500,000,000 in new budget authority
and $5,639,000,000 in outlays. For fiscal year 2000, the comparable
amount for budgetary purposes shall be deemed to be $6,500,000,000 in
new budget authority and $6,225,000,000 in outlays.
SEC. 310003. EXTENSION OF AUTHORIZATIONS OF APPROPRIATIONS FOR FISCAL YEARS FOR WHICH THE FULL AMOUNT AUTHORIZED IS NOT APPROPRIATED.
- If, in making an appropriation under any provision of this Act
or amendment made by this Act that authorizes the making of an
appropriation for a certain purpose for a certain fiscal year in a
certain amount, the Congress makes an appropriation for that purpose for
that fiscal year in a lesser amount, that provision or amendment shall
be considered to authorize the making of appropriations for that purpose
for later fiscal years in an amount equal to the difference between the
amount authorized to be appropriated and the amount that has been
appropriated.
SEC. 310004. FLEXIBILITY IN MAKING OF APPROPRIATIONS.
- (a) FEDERAL LAW ENFORCEMENT- In the making of appropriations
under any provision of this Act or amendment made by this Act that
authorizes the making of an appropriation for a Federal law enforcement
program for a certain fiscal year in a certain amount out of the Violent
Crime Reduction Trust Fund, not to exceed 10 percent of that amount is
authorized to be appropriated for that fiscal year for any other Federal
law enforcement program for which appropriations are authorized by any
other Federal law enforcement provision of this Act or amendment made by
this Act. The aggregate reduction in the authorization for any
particular Federal law enforcement program may not exceed 10 percent of
the total amount authorized to be appropriated from the Violent Crime
Reduction Trust Fund for that program in this Act or amendment made by
this Act.
- (b) STATE AND LOCAL LAW ENFORCEMENT- In the making of
appropriations under any provision of this Act or amendment made by this
Act that authorizes the making of an appropriation for a State and
local law enforcement program for a certain fiscal year in a certain
amount out of the Violent Crime Reduction Trust Fund, not to exceed 10
percent of that amount is authorized to be appropriated for that fiscal
year for any other State and local law enforcement program for which
appropriations are authorized by any other State and local law
enforcement provision of this Act or amendment made by this Act. The
aggregate reduction in the authorization for any particular State and
local law enforcement program may not exceed 10 percent of the total
amount authorized to be appropriated from the Violent Crime Reduction
Trust Fund for that program in this Act or amendment made by this Act.
- (c) PREVENTION- In the making of appropriations under any
provision of this Act or amendment made by this Act that authorizes the
making of an appropriation for a prevention program for a certain fiscal
year in a certain amount out of the Violent Crime Reduction Trust Fund,
not to exceed 10 percent of that amount is authorized to be
appropriated for that fiscal year for any other prevention program for
which appropriations are authorized by any other prevention provision of
this Act or amendment made by this Act. The aggregate reduction in the
authorization for any particular prevention program may not exceed 10
percent of the total amount authorized to be appropriated from the
Violent Crime Reduction Trust Fund for that program in this Act or
amendment made by this Act.
- (d) DEFINITIONS- In this section--`Federal law enforcement
program' means a program authorized in any of the following sections:
- (1) section 190001(a);
- (2) section 190001(b);
- (3) section 190001(c);
- (4) section 190001(d);
- (5) section 190001(e);
- (6) section 320925;
- (7) section 150008;
- (8) section 220002;
- (9) section 130002;
- (10) section 130005;
- (11) section 130006;
- (12) section 130007;
- (13) section 250005;
- (14) sections 210303-210306;
- (15) section 180104; and
- (16) section 270009.
`State and local law enforcement program' means a program authorized in any of the following sections:
- (1) sections 10001-10003;
- (2) section 210201;
- (3) section 210603;
- (4) section 180101;
- (5) section 180103;
- (6) sections 31701-31708;
- (7) section 210602;
- (8) sections 30801-30802;
- (9) section 210302;
- (10) section 210501;
- (11) section 210101;
- (12) section 320930;
- (13) sections 20101-20109;
- (14) section 20301;
- (15) section 32201; and
- (16) section 20201.
`prevention program' means a program authorized in any of the following sections:
- (1) section 50001;
- (2) sections 30101-30104;
- (3) sections 30201-30208;
- (4) sections 30301-30307;
- (5) sections 30401-30403;
- (6) sections 30701-30702;
- (7) sections 31001-31002;
- (8) sections 31101-31133;
- (9) sections 31501-31505;
- (10) sections 31901-31922;
- (11) section 32001;
- (12) section 32101;
- (13) section 32401;
- (14) section 40114;
- (15) section 40121;
- (16) section 40151;
- (17) section 40152;
- (18) section 40155;
- (19) section 40156;
- (20) section 40211;
- (21) section 40231;
- (22) section 40241;
- (23) section 40251;
- (24) section 40261;
- (25) section 40292;
- (26) section 40293;
- (27) section 40295;
- (28) sections 40411-40414;
- (29) sections 40421-40422;
- (30) section 40506;
- (31) sections 40601-40611; and
- (32) section 24001.
TITLE XXXII--MISCELLANEOUS
Subtitle A--Increases in Penalties
SEC. 320101. INCREASED PENALTIES FOR ASSAULT.
- (a) CERTAIN OFFICERS AND EMPLOYEES- Section 111 of title 18, United States Code, is amended--
- (1) in subsection (a) by inserting `, where the acts in
violation of this section constitute only simple assault, be fined under
this title or imprisoned not more than one year, or both, and in all
other cases,' after `shall'; and
- (2) in subsection (b) by inserting `or inflicts bodily injury' after `weapon'.
- (b) FOREIGN OFFICIALS, OFFICIAL GUESTS, AND INTERNATIONALLY
PROTECTED PERSONS- Section 112(a) of title 18, United States Code, is
amended--
- (1) by striking `not more than $5,000' and inserting `under this title';
- (2) by inserting `, or inflicts bodily injury,' after `weapon'; and
- (3) by striking `not more than $10,000' and inserting `under this title'.
- (c) MARITIME AND TERRITORIAL JURISDICTION- Section 113 of title 18, United States Code, is amended--
- (1) in subsection (c)--
- (A) by striking `of not more than $1,000' and inserting `under this title'; and
- (B) by striking `five' and inserting `ten'; and
- (2) in subsection (e)--
- (A) by striking `of not more than $300' and inserting `under this title'; and
- (B) by striking `three' and inserting `six'.
- (d) CONGRESS, CABINET, OR SUPREME COURT- Section 351(e) of title 18, United States Code, is amended--
- (1) by striking `not more than $5,000,' and inserting `under this title,';
- (2) by inserting `the assault involved in the use of a dangerous weapon, or' after `if';
- (3) by striking `not more than $10,000' and inserting `under this title'; and
- (4) by striking `for'.
- (e) PRESIDENT AND PRESIDENT'S STAFF- Section 1751(e) of title 18, United States Code, is amended--
- (1) by striking `not more than $10,000,' both places it appears and inserting `under this title,';
- (2) by striking `not more than $5,000,' and inserting `under this title,'; and
- (3) by inserting `the assault involved the use of a dangerous weapon, or' after `if'.
SEC. 320102. INCREASED PENALTIES FOR MANSLAUGHTER.
- Section 1112 of title 18, United States Code, is amended--
- (1) in subsection (b)--
- (A) by inserting `fined under this title or' after `shall be' in the first undesignated paragraph; and
- (B) by inserting `, or both' after `years';
- (2) by striking `not more than $1,000' and inserting `under this title'; and
- (3) by striking `three' and inserting `six'.
SEC. 320103. INCREASED PENALTIES FOR CIVIL RIGHTS VIOLATIONS.
- (a) CONSPIRACY AGAINST RIGHTS- Section 241 of title 18, United States Code, is amended--
- (1) by striking `not more than $10,000' and inserting `under this title';
- (2) by inserting `from the acts committed in violation of
this section or if such acts include kidnapping or an attempt to kidnap,
aggravated sexual abuse or an attempt to commit aggravated sexual
abuse, or an attempt to kill' after `results';
- (3) by striking `subject to imprisonment' and inserting `fined under this title or imprisoned'; and
- (4) by inserting `, or both' after `life'.
- (b) DEPRIVATION OF RIGHTS- Section 242 of title 18, United States Code, is amended--
- (1) by striking `not more than $1,000' and inserting `under this title';
- (2) by inserting `from the acts committed in violation of
this section or if such acts include the use, attempted use, or
threatened use of a dangerous weapon, explosives, or fire,' after
`bodily injury results';
- (3) by inserting `from the acts committed in violation of
this section or if such acts include kidnapping or an attempt to kidnap,
aggravated sexual abuse, or an attempt to commit aggravated sexual
abuse, or an attempt to kill, shall be fined under this title, or' after
`death results';
- (4) by striking `shall be subject to imprisonment' and inserting `imprisoned'; and
- (5) by inserting `, or both' after `life'.
- (c) FEDERALLY PROTECTED ACTIVITIES- Section 245(b) of title
18, United States Code, is amended in the matter following paragraph
(5)--
- (1) by striking `not more than $1,000' and inserting `under this title';
- (2) by inserting `from the acts committed in violation of
this section or if such acts include the use, attempted use, or
threatened use of a dangerous weapon, explosives, or fire' after `bodily
injury results;
- (3) by striking `not more than $10,000' and inserting `under this title';
- (4) by inserting `from the acts committed in violation of
this section or if such acts include kidnapping or an attempt to kidnap,
aggravated sexual abuse or an attempt to commit aggravated sexual
abuse, or an attempt to kill,' after `death results';
- (5) by striking `subject to imprisonment' and inserting `fined under this title or imprisoned'; and
- (6) by inserting `, or both' after `life'.
- (d) DAMAGE TO RELIGIOUS PROPERTY- Section 247 of title 18, United States Code, is amended--
- (1) in subsection (c)(1) by inserting `from acts committed
in violation of this section or if such acts include kidnapping or an
attempt to kidnap, aggravated sexual abuse or an attempt to commit
aggravated sexual abuse, or an attempt to kill' after `death results';
- (2) in subsection (c)(2)--
- (A) by striking `serious'; and
- (B) by inserting `from the acts committed in violation
of this section or if such acts include the use, attempted use, or
threatened use of a dangerous weapon, explosives, or fire' after `bodily
injury results'; and
- (3) by amending subsection (e) to read as follows:
- `(e) As used in this section, the term `religious property'
means any church, synagogue, mosque, religious cemetery, or other
religious property.'.
- (e) FAIR HOUSING ACT- Section 901 of the Fair Housing Act (42 U.S.C. 3631) is amended--
- (1) in the caption by striking `bodily injury; death;';
- (2) by striking `not more than $1,000,' and inserting `under this title';
- (3) by inserting `from the acts committed in violation of
this section or if such acts include the use, attempted use, or
threatened use of a dangerous weapon, explosives, or fire' after `bodily
injury results';
- (4) by striking `not more than $10,000,' and inserting `under this title';
- (5) by inserting `from the acts committed in violation of
this section or if such acts include kidnapping or an attempt to kidnap,
aggravated sexual abuse or an attempt to commit aggravated sexual
abuse, or an attempt to kill,' after `death results';
- (6) by striking `subject to imprisonment' and inserting `fined under this title or imprisoned'; and
- (7) by inserting `, or both' after `life'.
SEC. 320104. PENALTIES FOR TRAFFICKING IN COUNTERFEIT GOODS AND SERVICES.
- (a) IN GENERAL- Section 2320(a) of title 18, United States Code, is amended--
- (1) in the first sentence--
- (A) by striking `$250,000 or imprisoned not more than
five years' and inserting `$2,000,000 or imprisoned not more than 10
years'; and
- (B) by striking `$1,000,000' and inserting `$5,000,000'; and
- (2) in the second sentence--
- (A) by striking `$1,000,000 or imprisoned not more
than fifteen years' and inserting `$5,000,000 or imprisoned not more
than 20 years'; and
- (B) by striking `$5,000,000' and inserting `$15,000,000'.
- (b) LAUNDERING MONETARY INSTRUMENTS- Section 1956(c)(7)(D) of
title 18, United States Code, is amended by striking `or section 2319
(relating to copyright infringement),' and inserting `section 2319
(relating to copyright infringement), or section 2320 (relating to
trafficking in counterfeit goods and services),'.
SEC. 320105. INCREASED PENALTY FOR CONSPIRACY TO COMMIT MURDER FOR HIRE.
- Section 1958(a) of title 18, United States Code, is amended by
inserting `or who conspires to do so' before `shall be fined' the first
place it appears.
SEC. 320106. INCREASED PENALTIES FOR ARSON.
- Section 844 of title 18, United States Code, is amended--
- (1) in subsection (f)--
- (A) by striking `not more than ten years, or fined not
more than $10,000' and inserting `not more than 20 years, fined the
greater of the fine under this title or the cost of repairing or
replacing any property that is damaged or destroyed,'; and
- (B) by striking `not more than twenty years, or fined
not more than $10,000' and inserting `not more than 40 years, fined the
greater of the fine under this title or the cost of repairing or
replacing any property that is damaged or destroyed,';
- (2) in subsection (h)--
- (A) in the first sentence by striking `five years' and inserting `5 years but not more than 15 years'; and
- (B) in the second sentence by striking `ten years' and inserting `10 years but not more than 25 years'; and
- (3) in subsection (i)--
- (A) by striking `not more than ten years or fined not
more than $10,000' and inserting `not more than 20 years, fined the
greater of the fine under this title or the cost of repairing or
replacing any property that is damaged or destroyed,'; and
- (B) by striking `not more than twenty years or fined
not more than $20,000' and inserting `not more than 40 years, fined the
greater of the fine under this title or the cost of repairing or
replacing any property that is damaged or destroyed,'.
SEC. 320107. INCREASED PENALTIES FOR DRUG TRAFFICKING NEAR PUBLIC HOUSING.
- Section 419 of the Controlled Substances Act (21 U.S.C. 860) is amended--
- (1) in subsection (a) by striking `playground, or within'
and inserting `playground, or housing facility owned by a public housing
authority, or within'; and
- (2) in subsection (b) by striking `playground, or within'
and inserting `playground, or housing facility owned by a public housing
authority, or within'.
SEC. 320108. TASK FORCE AND CRIMINAL PENALTIES RELATING TO THE INTRODUCTION OF NONINDIGENOUS SPECIES.
- (a) TASK FORCE-
- (1) IN GENERAL- The Attorney General is authorized to
convene a law enforcement task force in Hawaii to facilitate the
prosecution of violations of Federal laws, and laws of the State of
Hawaii, relating to the wrongful conveyance, sale, or introduction of
nonindigenous plant and animal species.
- (2) MEMBERSHIP- (A) The task force shall be composed of representatives of--
- (i) the Office of the United States Attorney for the District of Hawaii;
- (ii) the United States Customs Service;
- (iii) the Animal and Plant Health Inspection Service;
- (iv) the Fish and Wildlife Service;
- (v) the National Park Service;
- (vi) the United States Forest Service;
- (vii) the Military Customs Inspection Office of the Department of Defense;
- (viii) the United States Postal Service;
- (ix) the office of the Attorney General of the State of Hawaii;
- (x) the Hawaii Department of Agriculture;
- (xi) the Hawaii Department of Land and Natural Resources; and
- (xii) such other individuals as the Attorney General deems appropriate.
- (B) The Attorney General shall, to the extent practicable,
select individuals to serve on the task force who have experience with
the enforcement of laws relating to the wrongful conveyance, sale, or
introduction of nonindigenous plant and animal species.
- (3) DUTIES- The task force shall--
- (A) facilitate the prosecution of violations of
Federal and State laws relating to the conveyance, sale, or introduction
of nonindigenous plant and animal species into Hawaii; and
- (B) make recommendations on ways to strengthen Federal
and State laws and law enforcement strategies designed to prevent the
introduction of nonindigenous plant and animal species.
- (4) REPORT- The task force shall report to the Attorney
General, the Secretary of Agriculture, the Secretary of the Interior,
and to the Committee on the Judiciary and Committee on Agriculture,
Nutrition, and Forestry of the Senate and the Committee on the
Judiciary, Committee on Agriculture, and Committee on Merchant Marine
and Fisheries of the House of Representatives on--
- (A) the progress of its enforcement efforts; and
- (B) the adequacy of existing Federal laws and laws of
the State of Hawaii that relate to the introduction of nonindigenous
plant and animal species.
- Thereafter, the task force shall make such reports as the task force deems appropriate.
- (5) CONSULTATION- The task force shall consult with Hawaii
agricultural interests and representatives of Hawaii conservation
organizations about methods of preventing the wrongful conveyance, sale,
or introduction of nonindigenous plant and animal species into Hawaii.
- (b) CRIMINAL PENALTY-
- (1) IN GENERAL- Chapter 83 of title 18, United States
Code, is amended by inserting after section 1716C the following new
section:
`Sec. 1716D. Nonmailable injurious animals, plant pests, plants, and illegally taken fish, wildlife, and plants
- `A person who knowingly deposits for mailing or delivery, or
knowingly causes to be delivered by mail, according to the direction
thereon, or at any place at which it is directed to be delivered by the
person to whom it is addressed, anything that section 3015 of title 39
declares to be nonmailable matter shall be fined under this title,
imprisoned not more than 1 year, or both.'.
- (2) TECHNICAL AMENDMENT- The chapter analysis for chapter
83 of title 18, United States Code, is amended by inserting after the
item relating to section 1716C the following new item:
- `1716D. Nonmailable injurious animals, plant pests, plants, and illegally taken fish, wildlife, and plants.'.
SEC. 320109. MILITARY MEDALS AND DECORATIONS.
- Section 704 of title 18, United States Code, is amended--
- (1) by striking `Whoever' and inserting (a) IN GENERAL- Whoever';
- (2) by striking `not more than $250' and inserting `under this title'; and
- (3) by adding at the end the following new subsection:
- `(b) CONGRESSIONAL MEDAL OF HONOR-
- `(1) IN GENERAL- If a decoration or medal involved in an
offense under subsection (a) is a Congressional Medal of Honor, in lieu
of the punishment provided in that subsection, the offender shall be
fined under this title, imprisoned not more than 1 year, or both.
- `(2) DEFINITIONS- (A) As used in subsection (a) with
respect to a Congressional Medal of Honor, `sells' includes trades,
barters, or exchanges for anything of value.
- `(B) As used in this subsection, `Congressional Medal of Honor' means a medal awarded under section 3741 of title 10.'.
Subtitle B--Extension of Protection of Civil Rights Statutes
SEC. 320201. EXTENSION OF PROTECTION OF CIVIL RIGHTS STATUTES.
- (a) CONSPIRACY AGAINST RIGHTS- Section 241 of title 18, United
States Code, is amended by striking `inhabitant of' and inserting
`person in'.
- (b) DEPRIVATION OF RIGHTS UNDER COLOR OF LAW- Section 242 of title 18, United States Code, is amended--
- (1) by striking `inhabitant of' and inserting `person in'; and
- (2) by striking `such inhabitant' and inserting `such person'.
Subtitle C--Audit and Report
SEC. 320301. AUDIT REQUIREMENT FOR STATE AND LOCAL LAW ENFORCEMENT AGENCIES RECEIVING FEDERAL ASSET FORFEITURE FUNDS.
- (a) STATE REQUIREMENT- Section 524(c)(7) of title 28, United States Code, is amended to read as follows:
- `(7)(A) The Fund shall be subject to annual audit by the Comptroller General.
- `(B) The Attorney General shall require that any State or
local law enforcement agency receiving funds conduct an annual audit
detailing the uses and expenses to which the funds were dedicated and
the amount used for each use or expense and report the results of the
audit to the Attorney General.'.
- (b) INCLUSION IN ATTORNEY GENERAL'S REPORT- Section
524(c)(6)(C) of title 28, United States Code, is amended by adding at
the end the following flush sentence: `The report should also contain
all annual audit reports from State and local law enforcement agencies
required to be reported to the Attorney General under subparagraph (B)
of paragraph (7).'.
SEC. 320302. REPORT TO CONGRESS ON ADMINISTRATIVE AND CONTRACTING EXPENSES.
- Section 524(c)(6) of title 28, United States Code, is amended--
- (1) by striking `and' at the end of subparagraph (B);
- (2) by striking the period at the end of subparagraph (C) and inserting `; and'; and
- (3) by adding at the end the following new subparagraph:
- `(D) a report for such fiscal year containing a
description of the administrative and contracting expenses paid from the
Fund under paragraph (1)(A).'.
Subtitle D--Coordination
SEC. 320401. COORDINATION OF SUBSTANCE ABUSE TREATMENT AND PREVENTION PROGRAMS.
- The Attorney General shall consult with the Secretary of the
Department of Health and Human Services in establishing and carrying out
the substance abuse treatment and prevention components of the programs
authorized under this Act, to assure coordination of programs,
eliminate duplication of efforts and enhance the effectiveness of such
services.
Subtitle E--Gambling
SEC. 320501. CLARIFYING AMENDMENT REGARDING SCOPE OF PROHIBITION AGAINST GAMBLING ON SHIPS IN INTERNATIONAL WATERS.
- The paragraph of section 1081 of title 18, United States Code,
defining the term `gambling ship' is amended by adding at the end the
following: `Such term does not include a vessel with respect to gambling
aboard such vessel beyond the territorial waters of the United States
during a covered voyage (as defined in section 4472 of the Internal
Revenue Code of 1986 as in effect on January 1, 1994).'.
Subtitle F--White Collar Crime Amendments
SEC. 320601. RECEIVING THE PROCEEDS OF EXTORTION OR KIDNAPPING.
- (a) PROCEEDS OF EXTORTION- Chapter 41 of title 18, United States Code, is amended--
- (1) by adding at the end the following new section:
`Sec. 880. Receiving the proceeds of extortion
- `A person who receives, possesses, conceals, or disposes of
any money or other property which was obtained from the commission of
any offense under this chapter that is punishable by imprisonment for
more than 1 year, knowing the same to have been unlawfully obtained,
shall be imprisoned not more than 3 years, fined under this title, or
both.'; and
- (2) in the table of sections, by adding at the end the following new item:
- `880. Receiving the proceeds of extortion.'.
- (b) RANSOM MONEY- Section 1202 of title 18, United States Code, is amended--
- (1) by designating the existing matter as subsection `(a)'; and
- (2) by adding the following new subsections:
- `(b) A person who transports, transmits, or transfers in
interstate or foreign commerce any proceeds of a kidnapping punishable
under State law by imprisonment for more than 1 year, or receives,
possesses, conceals, or disposes of any such proceeds after they have
crossed a State or United States boundary, knowing the proceeds to have
been unlawfully obtained, shall be imprisoned not more than 10 years,
fined under this title, or both.
- `(c) For purposes of this section, the term `State' has the meaning set forth in section 245(d) of this title.'.
SEC. 320602. RECEIVING THE PROCEEDS OF A POSTAL ROBBERY.
- Section 2114 of title 18, United States Code, is amended--
- (1) by striking `whoever' and inserting:
- `(a) ASSAULT- A person who'; and
- (2) by adding at the end the following new subsection:
- `(b) RECEIPT, POSSESSION, CONCEALMENT, OR DISPOSAL OF
PROPERTY- A person who receives, possesses, conceals, or disposes of any
money or other property that has been obtained in violation of this
section, knowing the same to have been unlawfully obtained, shall be
imprisoned not more than 10 years, fined under this title, or both.'.
SEC. 320603. CRIMES BY OR AFFECTING PERSONS ENGAGED IN THE BUSINESS OF INSURANCE WHOSE ACTIVITIES AFFECT INTERSTATE COMMERCE.
- (a) IN GENERAL- Chapter 47 of title 18, United States Code, is amended by adding at the end the following new sections:
`Sec. 1033. Crimes by or affecting persons engaged in the business of insurance whose activities affect interstate commerce
- `(a)(1) Whoever is engaged in the business of insurance whose
activities affect interstate commerce and knowingly, with the intent to
deceive, makes any false material statement or report or willfully and
materially overvalues any land, property or security--
- `(A) in connection with any financial reports or documents
presented to any insurance regulatory official or agency or an agent or
examiner appointed by such official or agency to examine the affairs of
such person, and
- `(B) for the purpose of influencing the actions of such official or agency or such an appointed agent or examiner,
- shall be punished as provided in paragraph (2).
- `(2) The punishment for an offense under paragraph (1) is a
fine as established under this title or imprisonment for not more than
10 years, or both, except that the term of imprisonment shall be not
more than 15 years if the statement or report or overvaluing of land,
property, or security jeopardized the safety and soundness of an insurer
and was a significant cause of such insurer being placed in
conservation, rehabilitation, or liquidation by an appropriate court.
- `(b)(1) Whoever--
- `(A) acting as, or being an officer, director, agent, or
employee of, any person engaged in the business of insurance whose
activities affect interstate commerce, or
- `(B) is engaged in the business of insurance whose
activities affect interstate commerce or is involved (other than as an
insured or beneficiary under a policy of insurance) in a transaction
relating to the conduct of affairs of such a business,
- willfully embezzles, abstracts, purloins, or misappropriates any
of the moneys, funds, premiums, credits, or other property of such
person so engaged shall be punished as provided in paragraph (2).
- `(2) The punishment for an offense under paragraph (1) is a
fine as provided under this title or imprisonment for not more than 10
years, or both, except that if such embezzlement, abstraction,
purloining, or misappropriation described in paragraph (1) jeopardized
the safety and soundness of an insurer and was a significant cause of
such insurer being placed in conservation, rehabilitation, or
liquidation by an appropriate court, such imprisonment shall be not more
than 15 years. If the amount or value so embezzled, abstracted,
purloined, or misappropriated does not exceed $5,000, whoever violates
paragraph (1) shall be fined as provided in this title or imprisoned not
more than one year, or both.
- `(c)(1) Whoever is engaged in the business of insurance and
whose activities affect interstate commerce or is involved (other than
as an insured or beneficiary under a policy of insurance) in a
transaction relating to the conduct of affairs of such a business,
knowingly makes any false entry of material fact in any book, report, or
statement of such person engaged in the business of insurance with
intent to deceive any person, including any officer, employee, or agent
of such person engaged in the business of insurance, any insurance
regulatory official or agency, or any agent or examiner appointed by
such official or agency to examine the affairs of such person, about the
financial condition or solvency of such business shall be punished as
provided in paragraph (2).
- `(2) The punishment for an offense under paragraph (1) is a
fine as provided under this title or imprisonment for not more than 10
years, or both, except that if the false entry in any book, report, or
statement of such person jeopardized the safety and soundness of an
insurer and was a significant cause of such insurer being placed in
conservation, rehabilitation, or liquidation by an appropriate court,
such imprisonment shall be not more than 15 years.
- `(d) Whoever, by threats or force or by any threatening letter
or communication, corruptly influences, obstructs, or impedes or
endeavors corruptly to influence, obstruct, or impede the due and proper
administration of the law under which any proceeding involving the
business of insurance whose activities affect interstate commerce is
pending before any insurance regulatory official or agency or any agent
or examiner appointed by such official or agency to examine the affairs
of a person engaged in the business of insurance whose activities affect
interstate commerce, shall be fined as provided in this title or
imprisoned not more than 10 years, or both.
- `(e)(1)(A) Any individual who has been convicted of any
criminal felony involving dishonesty or a breach of trust, or who has
been convicted of an offense under this section, and who willfully
engages in the business of insurance whose activities affect interstate
commerce or participates in such business, shall be fined as provided in
this title or imprisoned not more than 5 years, or both.
- `(B) Any individual who is engaged in the business of
insurance whose activities affect interstate commerce and who willfully
permits the participation described in subparagraph (A) shall be fined
as provided in this title or imprisoned not more than 5 years, or both.
- `(2) A person described in paragraph (1)(A) may engage in the
business of insurance or participate in such business if such person has
the written consent of any insurance regulatory official authorized to
regulate the insurer, which consent specifically refers to this
subsection.
- `(f) As used in this section--
- `(1) the term `business of insurance' means--
- `(A) the writing of insurance, or
- `(B) the reinsuring of risks,
- by an insurer, including all acts necessary or incidental to
such writing or reinsuring and the activities of persons who act as, or
are, officers, directors, agents, or employees of insurers or who are
other persons authorized to act on behalf of such persons;
- `(2) the term `insurer' means any entity the business
activity of which is the writing of insurance or the reinsuring of
risks, and includes any person who acts as, or is, an officer, director,
agent, or employee of that business;
- `(3) the term `interstate commerce' means--
- `(A) commerce within the District of Columbia, or any territory or possession of the United States;
- `(B) all commerce between any point in the State,
territory, possession, or the District of Columbia and any point outside
thereof;
- `(C) all commerce between points within the same State through any place outside such State; or
- `(D) all other commerce over which the United States has jurisdiction; and
- `(4) the term `State' includes any State, the District of
Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands,
the Virgin Islands, American Samoa, and the Trust Territory of the
Pacific Islands.
`Sec. 1034. Civil penalties and injunctions for violations of section 1033
- `(a) The Attorney General may bring a civil action in the
appropriate United States district court against any person who engages
in conduct constituting an offense under section 1033 and, upon proof of
such conduct by a preponderance of the evidence, such person shall be
subject to a civil penalty of not more than $50,000 for each violation
or the amount of compensation which the person received or offered for
the prohibited conduct, whichever amount is greater. If the offense has
contributed to the decision of a court of appropriate jurisdiction to
issue an order directing the conservation, rehabilitation, or
liquidation of an insurer, such penalty shall be remitted to the
appropriate regulatory official for the benefit of the policyholders,
claimants, and creditors of such insurer. The imposition of a civil
penalty under this subsection does not preclude any other criminal or
civil statutory, common law, or administrative remedy, which is
available by law to the United States or any other person.
- `(b) If the Attorney General has reason to believe that a
person is engaged in conduct constituting an offense under section 1033,
the Attorney General may petition an appropriate United States district
court for an order prohibiting that person from engaging in such
conduct. The court may issue an order prohibiting that person from
engaging in such conduct if the court finds that the conduct constitutes
such an offense. The filing of a petition under this section does not
preclude any other remedy which is available by law to the United States
or any other person.'.
- (b) CLERICAL AMENDMENT- The table of sections for chapter 47
of such title is amended by adding at the end the following new items:
- `1033. Crimes by or affecting persons engaged in the business of insurance whose activities affect interstate commerce.
- `1034. Civil penalties and injunctions for violations of section 1033.'.
SEC. 320604. MISCELLANEOUS AMENDMENTS TO TITLE 18, UNITED STATES CODE.
- (a) TAMPERING WITH INSURANCE REGULATORY PROCEEDINGS- Section 1515(a)(1) of title 18, United States Code, is amended--
- (1) by striking `or' at the end of subparagraph (B);
- (2) by inserting `or' at the end of subparagraph (C); and
- (3) by adding at the end thereof the following new subparagraph:
- `(D) a proceeding involving the business of insurance
whose activities affect interstate commerce before any insurance
regulatory official or agency or any agent or examiner appointed by such
official or agency to examine the affairs of any person engaged in the
business of insurance whose activities affect interstate commerce; or'.
- (b) LIMITATIONS- Section 3293 of such title is amended by inserting `1033,' after `1014,'.
- (c) OBSTRUCTION OF CRIMINAL INVESTIGATIONS- Section 1510 of
title 18, United States Code, is amended by adding at the end the
following new subsection:
- `(d)(1) Whoever--
- `(A) acting as, or being, an officer, director, agent or
employee of a person engaged in the business of insurance whose
activities affect interstate commerce, or
- `(B) is engaged in the business of insurance whose
activities affect interstate commerce or is involved (other than as an
insured or beneficiary under a policy of insurance) in a transaction
relating to the conduct of affairs of such a business,
- with intent to obstruct a judicial proceeding, directly or
indirectly notifies any other person about the existence or contents of a
subpoena for records of that person engaged in such business or
information that has been furnished to a Federal grand jury in response
to that subpoena, shall be fined as provided by this title or imprisoned
not more than 5 years, or both.
- `(2) As used in paragraph (1), the term `subpoena for records'
means a Federal grand jury subpoena for records that has been served
relating to a violation of, or a conspiracy to violate, section 1033 of
this title.'.
SEC. 320605. FEDERAL DEPOSIT INSURANCE ACT AMENDMENT.
- Section 19(a) of the Federal Deposit Insurance Act (12 U.S.C. 1829(a)) is amended in paragraph (2)(A)(i)(I)--
- (1) by striking `or 1956'; and
- (2) by inserting `1517, 1956, or 1957'.
SEC. 320606. FEDERAL CREDIT UNION ACT AMENDMENTS.
- Section 205(d) of the Federal Credit Union Act (12 U.S.C. 1785(d)) is amended to read as follows:
- `(d) PROHIBITION-
- `(1) IN GENERAL- Except with prior written consent of the Board--
- `(A) any person who has been convicted of any criminal
offense involving dishonesty or a breach of trust, or has agreed to
enter into a pretrial diversion or similar program in connection with a
prosecution for such offense, may not--
- `(i) become, or continue as, an institution-affiliated party with respect to any insured credit union; or
- `(ii) otherwise participate, directly or indirectly, in the conduct of the affairs of any insured credit union; and
- `(B) any insured credit union may not permit any
person referred to in subparagraph (A) to engage in any conduct or
continue any relationship prohibited under such subparagraph.
- `(2) MINIMUM 10-YEAR PROHIBITION PERIOD FOR CERTAIN OFFENSES-
- `(A) IN GENERAL- If the offense referred to in
paragraph (1)(A) in connection with any person referred to in such
paragraph is--
- `(i) an offense under--
- `(I) section 215, 656, 657, 1005, 1006, 1007, 1008, 1014, 1032, 1344, 1517, 1956, or 1957 of title 18, United States Code; or
- `(II) section 1341 or 1343 of such title which affects any financial institution (as defined in section 20 of such title); or
- `(ii) the offense of conspiring to commit any such offense,
- the Board may not consent to any exception to the
application of paragraph (1) to such person during the 10-year period
beginning on the date the conviction or the agreement of the person
becomes final.
- `(B) EXCEPTION BY ORDER OF SENTENCING COURT-
- `(i) IN GENERAL- On motion of the Board, the court
in which the conviction or the agreement of a person referred to in
subparagraph (A) has been entered may grant an exception to the
application of paragraph (1) to such person if granting the exception is
in the interest of justice.
- `(ii) PERIOD FOR FILING- A motion may be filed
under clause (i) at any time during the 10-year period described in
subparagraph (A) with regard to the person on whose behalf such motion
is made.
- `(3) PENALTY- Whoever knowingly violates paragraph (1) or
(2) shall be fined not more than $1,000,000 for each day such
prohibition is violated or imprisoned for not more than 5 years, or
both.'.
SEC. 320607. ADDITION OF PREDICATE OFFENSES TO FINANCIAL INSTITUTIONS REWARDS STATUTE.
- Section 3059A of title 18, United States Code, is amended--
- (1) by inserting `225,' after `215';
- (2) by striking `or' before `1344'; and
- (3) by inserting `, or 1517' after `1344'.
SEC. 320608. DEFINITION OF `SAVINGS AND LOAN ASSOCIATION' FOR PURPOSES OF THE OFFENSE OF BANK ROBBERY AND RELATED OFFENSES.
- Section 2113 of title 18, United States Code, is amended by adding at the end the following new subsection:
- `(h) As used in this section, the term `savings and loan association' means--
- `(1) a Federal savings association or State savings
association (as defined in section 3(b) of the Federal Deposit Insurance
Act (12 U.S.C. 1813(b))) having accounts insured by the Federal Deposit
Insurance Corporation; and
- `(2) a corporation described in section 3(b)(1)(C) of the
Federal Deposit Insurance Act (12 U.S.C. 1813(b)(1)(C)) that is
operating under the laws of the United States.'.
SEC. 320609. DEFINITION OF 1-YEAR PERIOD FOR PURPOSES OF THE OFFENSE OF OBSTRUCTION OF A FEDERAL AUDIT.
- Section 1516(b) of title 18, United States Code, is amended--
- (1) by striking `section the term' and inserting `section--
- `(1) the term';
- (2) by striking the period at the end and inserting a semicolon; and
- (3) by adding at the end the following new paragraph:
- `(2) the term `in any 1 year period' has the meaning given to the term `in any one-year period' in section 666.'.
Subtitle G--Safer Streets and Neighborhoods
SEC. 320701. SHORT TITLE.
- This subtitle may be cited as the `Safer Streets and Neighborhoods Act of 1994'.
SEC. 320702. LIMITATION ON GRANT DISTRIBUTION.
- (a) AMENDMENT- Section 510(b) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3760(b)) is amended by
inserting `non-Federal' after `with'.
- (b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect on October 1, 1994.
Subtitle H--Recreational Hunting Safety
SEC. 320801. SHORT TITLE.
- This subtitle may be cited as the `Recreational Hunting Safety and Preservation Act of 1994'.
SEC. 320802. OBSTRUCTION OF A LAWFUL HUNT.
- It is a violation of this section intentionally to engage in any physical conduct that significantly hinders a lawful hunt.
SEC. 320803. CIVIL PENALTIES.
- (a) IN GENERAL- A person who violates section 320802 shall be
assessed a civil penalty in an amount computed under subsection (b).
- (b) COMPUTATION OF PENALTY- The penalty shall be--
- (1) not more than $10,000, if the violation involved the
use of force or violence, or the threatened use of force or violence,
against the person or property of another person; and
- (2) not more than $5,000 for any other violation.
- (c) RELATIONSHIP TO OTHER PENALTIES- The penalties established
by this section shall be in addition to other criminal or civil
penalties that may be levied against the person as a result of an
activity in violation of section 320802.
- (d) PROCEDURE- Upon receipt of--
- (1) a written complaint from an officer, employee, or
agent of the Forest Service, Bureau of Land Management, National Park
Service, United States Fish and Wildlife Service, or other Federal
agency that a person violated section 320802; or
- (2) a sworn affidavit from an individual and a
determination by the Secretary that the statement contains sufficient
factual allegations to create a reasonable belief that a violation of
section 320802 has occurred;
- the Secretary may request the Attorney General of the United
States to institute a civil action for the imposition and collection of
the civil penalty under this section.
- (e) USE OF PENALTY MONEY COLLECTED- After deduction of costs
attributable to collection, money collected from penalties shall be--
- (1) deposited into the trust fund established pursuant to
the Act entitled `An Act to provide that the United States shall aid the
States in wildlife-restoration projects, and for other purposes',
approved September 2, 1937 (16 U.S.C. 669) (commonly known as the
`Pitman-Robertson Wildlife Restoration Act'), to support the activities
authorized by such Act and undertaken by State wildlife management
agencies; or
- (2) used in such other manner as the Secretary determines will enhance the funding and implementation of--
- (A) the North American Waterfowl Management Plan
signed by the Secretary of the Interior and the Minister of Environment
for Canada in May 1986; or
- (B) a similar program that the Secretary determines will enhance wildlife management--
- (i) on Federal lands; or
- (ii) on private or State-owned lands when the
efforts will also provide a benefit to wildlife management objectives on
Federal lands.
SEC. 320804. OTHER RELIEF.
- Injunctive relief against a violation of section 320802 may be sought by--
- (1) the head of a State agency with jurisdiction over fish or wildlife management;
- (2) the Attorney General of the United States; or
- (3) any person who is or would be adversely affected by the violation.
SEC. 320805. RELATIONSHIP TO STATE AND LOCAL LAW AND CIVIL ACTIONS.
- This subtitle does not preempt a State law or local ordinance
that provides for civil or criminal penalties for conduct that violates
this subtitle.
SEC. 320806. REGULATIONS.
- The Secretary may issue such regulations as are necessary to carry out this subtitle.
SEC. 320807. RULE OF CONSTRUCTION.
- Nothing in this subtitle shall be construed to impair a right
guaranteed to a person under the first article of amendment to the
Constitution or limit any legal remedy for forceful interference with a
person's lawful participation in speech or peaceful assembly.
SEC. 320808. DEFINITIONS.
- As used in this subtitle:
- (1) FEDERAL LANDS- The term `Federal lands' means--
- (A) national forests;
- (B) public lands;
- (C) national parks; and
- (D) wildlife refuges.
- (2) LAWFUL HUNT- The term `lawful hunt' means the taking
or harvesting (or attempted taking or harvesting) of wildlife or fish,
on Federal lands, which--
- (A) is lawful under the laws applicable in the place it occurs; and
- (B) does not infringe upon a right of an owner of private property.
- (3) NATIONAL FOREST- The term `national forest' means
lands included in the National Forest System (as defined in section
11(a) of the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a))).
- (4) NATIONAL PARK- The term `national park' means lands
and waters included in the National Park System (as defined in section
2(a) of the Act entitled `An Act to facilitate the management of the
National Park System and miscellaneous areas administered in connection
with that system, and for other purposes', approved August 8, 1953 (16
U.S.C. 1c(a))).
- (5) PUBLIC LANDS- The term `public lands' has the same
meaning as is provided in section 103(e) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702(e)).
- (6) SECRETARY- The term `Secretary' means--
- (A) the Secretary of Agriculture with respect to national forests; and
- (B) the Secretary of the Interior with respect to--
- (i) public lands;
- (ii) national parks; and
- (iii) wildlife refuges.
- (7) WILDLIFE REFUGE- The term `wildlife refuge' means
lands and waters included in the National Wildlife Refuge System (as
established by section 4 of the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd)).
- (8) CONDUCT- The term `conduct' does not include speech protected by the first article of amendment to the Constitution.
Subtitle I--Other Provisions
SEC. 320901. WIRETAPS.
- Section 2511(1) of title 18, United States Code, is amended--
- (1) by striking `or' at the end of paragraph (c);
- (2) by inserting `or' at the end of paragraph (d); and
- (3) by adding after paragraph (d) the following new paragraph:
- `(e)(i) intentionally discloses, or endeavors to disclose,
to any other person the contents of any wire, oral, or electronic
communication, intercepted by means authorized by sections
2511(2)(A)(ii), 2511(b)-(c), 2511(e), 2516, and 2518 of this subchapter,
(ii) knowing or having reason to know that the information was obtained
through the interception of such a communication in connection with a
criminal investigation, (iii) having obtained or received the
information in connection with a criminal investigation, and (iv) with
intent to improperly obstruct, impede, or interfere with a duly
authorized criminal investigation,'.
SEC. 320902. THEFT OF MAJOR ARTWORK.
- (a) OFFENSE- Chapter 31 of title 18, United States Code, is amended by adding at the end the following new section:
`Sec. 668. Theft of major artwork
- `(a) DEFINITIONS- In this section--
- `museum' means an organized and permanent institution, the activities of which affect interstate or foreign commerce, that--
- `(A) is situated in the United States;
- `(B) is established for an essentially educational or aesthetic purpose;
- `(C) has a professional staff; and
- `(D) owns, utilizes, and cares for tangible objects that are exhibited to the public on a regular schedule.
- `object of cultural heritage' means an object that is--
- `(A) over 100 years old and worth in excess of $5,000; or
- `(B) worth at least $100,000.'.
- `(b) OFFENSES- A person who--
- `(1) steals or obtains by fraud from the care, custody, or control of a museum any object of cultural heritage; or
- `(2) knowing that an object of cultural heritage has been
stolen or obtained by fraud, if in fact the object was stolen or
obtained from the care, custody, or control of a museum (whether or not
that fact is known to the person), receives, conceals, exhibits, or
disposes of the object,
- shall be fined under this title, imprisoned not more than 10 years, or both.'.
- (b) PERIOD OF LIMITATION- Chapter 213 of title 18, United
States Code, is amended by adding at the end the following new section:
`Sec. 3294. Theft of major artwork
- `No person shall be prosecuted, tried, or punished for a
violation of or conspiracy to violate section 668 unless the indictment
is returned or the information is filed within 20 years after the
commission of the offense.'.
- (d) TECHNICAL AMENDMENTS-
- (1) CHAPTER 31- The chapter analysis for chapter 31 of
title 18, United States Code, is amended by adding at the end the
following new item:
- `668. Theft of major artwork.'.
- (2) CHAPTER 213- The chapter analysis for chapter 213 of
title 18, United States Code, is amended by adding at the end the
following new item:
- `3294. Theft of major artwork.'.
SEC. 320903. ADDITION OF ATTEMPTED ROBBERY, KIDNAPPING, SMUGGLING, AND PROPERTY DAMAGE OFFENSES TO ELIMINATE INCONSISTENCIES AND GAPS IN COVERAGE.
- (a) ROBBERY AND BURGLARY- (1) Section 2111 of title 18, United
States Code, is amended by inserting `or attempts to take' after
`takes'.
- (2) Section 2112 of title 18, United States Code, is amended by inserting `or attempts to rob' after `robs'.
- (3) Section 2114 of title 18, United States Code, is amended by inserting `or attempts to rob' after `robs'.
- (b) KIDNAPPING- Section 1201(d) of title 18, United States
Code, is amended by striking `Whoever attempts to violate subsection
(a)(4) or (a)(5)' and inserting `Whoever attempts to violate subsection
(a)'.
- (c) SMUGGLING- Section 545 of title 18, United States Code, is
amended by inserting `or attempts to smuggle or clandestinely
introduce' after `smuggles, or clandestinely introduces'.
- (d) MALICIOUS MISCHIEF- (1) Section 1361 of title 18, United States Code, is amended--
- (A) by inserting `or attempts to commit any of the foregoing offenses' before `shall be punished', and
- (B) by inserting `or attempted damage' after `damage' each place it appears.
- (2) Section 1362 of title 18, United States Code, is amended
by inserting `or attempts willfully or maliciously to injure or destroy'
after `willfully or maliciously injures or destroys'.
- (3) Section 1366 of title 18, United States Code, is amended--
- (A) by inserting `or attempts to damage' after `damages' each place it appears;
- (B) by inserting `or attempts to cause' after `causes'; and
- (C) by inserting `or would if the attempted offense had been completed have exceeded' after `exceeds' each place it appears.
SEC. 320904. GUN-FREE SCHOOL ZONES.
- Section 922(q) of title 18, United States Code, is amended--
- (1) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively; and
- (2) by inserting after `(q)' the following new paragraph:
- `(1) The Congress finds and declares that--
- `(A) crime, particularly crime involving drugs and guns, is a pervasive, nationwide problem;
- `(B) crime at the local level is exacerbated by the interstate movement of drugs, guns, and criminal gangs;
- `(C) firearms and ammunition move easily in interstate
commerce and have been found in increasing numbers in and around
schools, as documented in numerous hearings in both the Judiciary
Committee of the House of Representatives and Judiciary Committee of the
Senate;
- `(D) in fact, even before the sale of a firearm, the gun,
its component parts, ammunition, and the raw materials from which they
are made have considerably moved in interstate commerce;
- `(E) while criminals freely move from State to State,
ordinary citizens and foreign visitors may fear to travel to or through
certain parts of the country due to concern about violent crime and gun
violence, and parents may decline to send their children to school for
the same reason;
- `(F) the occurrence of violent crime in school zones has resulted in a decline in the quality of education in our country;
- `(G) this decline in the quality of education has an
adverse impact on interstate commerce and the foreign commerce of the
United States;
- `(H) States, localities, and school systems find it almost
impossible to handle gun-related crime by themselves; even States,
localities, and school systems that have made strong efforts to prevent,
detect, and punish gun-related crime find their efforts unavailing due
in part to the failure or inability of other States or localities to
take strong measures; and
- `(I) Congress has power, under the interstate commerce
clause and other provisions of the Constitution, to enact measures to
ensure the integrity and safety of the Nation's schools by enactment of
this subsection.'.
SEC. 320905. INTERSTATE WAGERING.
- Section 1301 of title 18, United States Code, is amended by
inserting `or, being engaged in the business of procuring for a person
in 1 State such a ticket, chance, share, or interest in a lottery, gift,
enterprise or similar scheme conducted by another State (unless that
business is permitted under an agreement between the States in question
or appropriate authorities of those States), knowingly transmits in
interstate or foreign commerce information to be used for the purpose of
procuring such a ticket, chance, share, or interest;' after `scheme;'.
SEC. 320906. SENSE OF CONGRESS WITH RESPECT TO VIOLENCE AGAINST TRUCKERS.
- It is the sense of Congress that--
- (1) when there is Federal jurisdiction, Federal
authorities should prosecute to the fullest extent of the law murders,
rapes, burglaries, kidnappings and assaults committed against commercial
truckers; and
- (2) appropriate Federal agencies should acknowledge this
problem and place a priority on evaluating how best to prevent these
crimes and apprehend those involved, and continue to coordinate their
activities with multi-jurisdictional authorities to combat violent
crimes committed against truckers.
SEC. 320907. SENSE OF THE SENATE REGARDING A STUDY ON OUT-OF-WEDLOCK BIRTHS.
- It is the sense of the Senate that--
- (1) the Secretary of Health and Human Services, in
consultation with the National Center for Health Statistics, should
prepare an analysis of the causes of the increase in out-of-wedlock
births, and determine whether there is any historical precedent for such
increase, as well as any equivalent among foreign nations, and
- (2) the Secretary of Health and Human Services should
report to Congress within 12 months after the date of the enactment of
this Act on the Secretary's analysis of the out-of-wedlock problem and
its causes, as well as possible remedial measures that could be taken.
SEC. 320908. SENSE OF THE SENATE REGARDING THE ROLE OF THE UNITED NATIONS IN INTERNATIONAL ORGANIZED CRIME CONTROL.
- It is the sense of the Senate that--
- (1) the United States should encourage the development of a United Nations Convention on Organized Crime; and
- (2) the United Nations should--
- (A) provide significant additional resources to the Commission on Crime Prevention and Criminal Justice;
- (B) consider an expansion of the Commission's role and authority; and
- (C) seek a cohesive approach to the international organized crime problem.
SEC. 320909. OPTIONAL VENUE FOR ESPIONAGE AND RELATED OFFENSES.
- (a) IN GENERAL- Chapter 211 of title 18, United States Code,
is amended by inserting after section 3238 the following new section:
`Sec. 3239. Optional venue for espionage and related offenses
- `The trial for any offense involving a violation, begun or
committed upon the high seas or elsewhere out of the jurisdiction of any
particular State or district, of--
- `(1) section 793, 794, 798, or section 1030(a)(1) of this title;
- `(2) section 601 of the National Security Act of 1947 (50 U.S.C. 421); or
- `(3) section 4(b) or 4(c) of the Subversive Activities Control Act of 1950 (50 U.S.C. 783 (b) or (c));
- may be in the District of Columbia or in any other district authorized by law.'.
- (b) TECHNICAL AMENDMENT- The item relating to section 3239 in
the table of sections of chapter 211 of title 18, United States Code, is
amended to read as follows:
- `3239. Optional venue for espionage and related offenses.'.
SEC. 320910. UNDERCOVER OPERATIONS.
- (a) IN GENERAL- Chapter 1 of title 18, United States Code, is amended by adding at the end the following new section:
-`Sec. 21. Stolen or counterfeit nature of property for certain crimes defined
- `(a) Wherever in this title it is an element of an offense that--
- `(1) any property was embezzled, robbed, stolen,
converted, taken, altered, counterfeited, falsely made, forged, or
obliterated; and
- `(2) the defendant knew that the property was of such character;
- such element may be established by proof that the defendant,
after or as a result of an official representation as to the nature of
the property, believed the property to be embezzled, robbed, stolen,
converted, taken, altered, counterfeited, falsely made, forged, or
obliterated.
- `(b) For purposes of this section, the term `official
representation' means any representation made by a Federal law
enforcement officer (as defined in section 115) or by another person at
the direction or with the approval of such an officer.'.
- (b) TECHNICAL AMENDMENT- The table of sections of chapter 1 of
title 18, United States Code, is amended by adding at the end the
following new item:
- `21. Stolen or counterfeit nature of property for certain crimes defined.'.
SEC. 320911. MISUSE OF INITIALS `DEA'.
- (a) AMENDMENT- Section 709 of title 18, United States Code, is amended--
- (1) in the thirteenth unnumbered paragraph by striking `words--' and inserting `words; or'; and
- (2) by inserting after the thirteenth unnumbered paragraph the following new paragraph:
- `A person who, except with the written permission of the
Administrator of the Drug Enforcement Administration, knowingly uses the
words `Drug Enforcement Administration' or the initials `DEA' or any
colorable imitation of such words or initials, in connection with any
advertisement, circular, book, pamphlet, software or other publication,
play, motion picture, broadcast, telecast, or other production, in a
manner reasonably calculated to convey the impression that such
advertisement, circular, book, pamphlet, software or other publication,
play, motion picture, broadcast, telecast, or other production is
approved, endorsed, or authorized by the Drug Enforcement
Administration;'.
- (b) EFFECTIVE DATE- The amendment made by subsection (a) shall
become effective on the date that is 90 days after the date of
enactment of this Act.
SEC. 320912. DEFINITION OF LIVESTOCK.
- Section 2311 of title 18, United States Code, is amended by
inserting after the second paragraph relating to the definition of
`cattle' the following new paragraph:
- `livestock' means any domestic animals raised for home use,
consumption, or profit, such as horses, pigs, llamas, goats, fowl,
sheep, buffalo, and cattle, or the carcasses thereof.'.
SEC. 320913. ASSET FORFEITURE.
- (a) AMENDMENT- Section 524(c)(1) of title 28, United States Code, is amended--
- (1) by redesignating subparagraph (H) as subparagraph (I); and
- (2) by inserting after subparagraph (G) the following new subparagraph:
- `(H) the payment of State and local property taxes on
forfeited real property that accrued between the date of the violation
giving rise to the forfeiture and the date of the forfeiture order;
and'.
- (b) APPLICATION OF AMENDMENT- The amendment made by subsection
(a) shall apply to all claims pending at the time of or commenced
subsequent to the date of enactment of this Act.
SEC. 320914. CLARIFICATION OF DEFINITION OF A `COURT OF THE UNITED STATES' TO INCLUDE THE DISTRICT COURTS FOR GUAM, THE NORTHERN MARIANA ISLANDS, AND THE VIRGIN ISLANDS.
- (a) IN GENERAL- Chapter 1 of title 18, United States Code, is amended by adding at the end the following new section:
`Sec. 23. Court of the United States defined
- `As used in this title, except where otherwise expressly
provided the term `court of the United States' includes the District
Court of Guam, the District Court for the Northern Mariana Islands, and
the District Court of the Virgin Islands.'.
- (b) TECHNICAL AMENDMENT- The chapter analysis for chapter 1 of
title 18, United States Code, is amended by adding at the end the
following new item:
- `23. Court of the United States defined.'.
SEC. 320915. LAW ENFORCEMENT PERSONNEL.
- It is the sense of the Senate that law enforcement personnel
should not be reduced and calls upon the President of the United States
to exempt Federal law enforcement positions from Executive Order 12839
and other Executive memoranda mandating reductions in the Federal
workforce.
SEC. 320916. AUTHORITY TO INVESTIGATE VIOLENT CRIMES AGAINST TRAVELERS.
- (a) IN GENERAL- Chapter 33 of title 28, United States Code, is amended by adding at the end the following new section:
`Sec. 540A. Investigation of violent crimes against travelers
- `(a) IN GENERAL- At the request of an appropriate law
enforcement official of a State or political subdivision, the Attorney
General and Director of the Federal Bureau of Investigation may assist
in the investigation of a felony crime of violence in violation of the
law of any State in which the victim appears to have been selected
because he or she is a traveler.
- `(b) FOREIGN TRAVELERS- In a case in which the traveler who is
a victim of a crime described in subsection (a) is from a foreign
nation, the Attorney General and Director of the Federal Bureau of
Investigation, and, when appropriate, the Secretary of State shall
assist the prosecuting and law enforcement officials of a State or
political subdivision to the fullest extent possible in securing from
abroad such evidence or other information as may be needed for the
effective investigation and prosecution of the crime.
- `(c) DEFINITIONS- In this section--
- `felony crime of violence' means an offense punishable by
more than one year in prison that has as an element the use, attempted
use, or threatened use of physical force against the person of another.
- `State' means a State, the District of Columbia, and any commonwealth, territory, or possession of the United States.
- `traveler' means a victim of a crime of violence who is not a resident of the State in which the crime of violence occurred.'.
- (b) TECHNICAL AMENDMENT- The chapter analysis for chapter 33
of title 28, United States Code, is amended by adding at the end the
following new item:
- `540A. Investigation of violent crimes against travelers.'.
SEC. 320917. EXTENSION OF STATUTE OF LIMITATIONS FOR ARSON.
- (a) IN GENERAL- Section 844(i) of title 18, United States
Code, is amended by adding at the end the following: `No person shall be
prosecuted, tried, or punished for any noncapital offense under this
subsection unless the indictment is found or the information is
instituted within 7 years after the date on which the offense was
committed.'.
- (b) APPLICATION OF AMENDMENT- The amendment made by subsection
(a) shall not apply to any offense described in the amendment that was
committed more than 5 years prior to the date of enactment of this Act.
SEC. 320918. SENSE OF CONGRESS CONCERNING CHILD CUSTODY AND VISITATION RIGHTS.
- It is the sense of the Congress that in determining child
custody and visitation rights, the courts should take into consideration
the history of drunk driving that any person involved in the
determination may have.
SEC. 320919. EDWARD BYRNE MEMORIAL FORMULA GRANT PROGRAM.
- Nothing in this Act shall be construed to prohibit or exclude
the expenditure of appropriations to grant recipients that would have
been or are eligible to receive grants under subpart 1 of part E of the
Omnibus Crime Control and Safe Streets Act of 1968.
SEC. 320920. SENSE OF THE SENATE REGARDING LAW DAY, U.S.A.
- It is the sense of the Senate that in celebration of `Law Day,
U.S.A.', May 1, 1995, the grateful people of this Nation should give
special emphasis to all law enforcement personnel of the United States,
and the grateful people of this Nation should acknowledge the
unflinching and devoted service law enforcement personnel perform as
such personnel help preserve domestic tranquillity and guarantee the
legal rights of all individuals of this Nation.
SEC. 320921. FIRST TIME DOMESTIC VIOLENCE OFFENDER REHABILITATION PROGRAM.
- (a) SENTENCE OF PROBATION- Section 3561 of title 18, United States Code, is amended--
- (1) by redesignating subsection (b) as subsection (c); and
- (2) by inserting the following new subsection after subsection (a):
- `(b) DOMESTIC VIOLENCE OFFENDERS- A defendant who has been
convicted for the first time of a domestic violence crime shall be
sentenced to a term of probation if not sentenced to a term of
imprisonment. The term `domestic violence crime' means a crime of
violence for which the defendant may be prosecuted in a court of the
United States in which the victim or intended victim is the spouse,
former spouse, intimate partner, former intimate partner, child, or
former child of the defendant, or any relative defendant, child, or
former child of the defendant, or any other relative of the defendant.'.
- (b) CONDITIONS OF PROBATION- Section 3563(a) of title 18, United States Code, is amended by--
- (1) striking `and' at the end of paragraph (2);
- (2) striking the period at the end of paragraph (3) and inserting `; and'; and
- (3) by inserting the following new paragraph:
- `(4) for a domestic violence crime as defined in section
3561(b) by a defendant convicted of such an offense for the first time
that the defendant attend a public, private, or private 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 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 provider's fitness to have
responsibility for the safety and well-being of children, the elderly,
or individuals with disabilities'.
- (2) GUIDELINES- Section 3(b) of the National Child Protection Act of 1993 (42 U.S.C. 5119b(b)) is amended--
- (A) in paragraph (1)(E)--
- (i) by striking `child' the first place it appears and inserting `person'; and
- (ii) by striking `child' the second place it appears; and
- (B) in paragraph (4) by striking `an individual's
fitness to have responsibility for the safety and well-being of
children' and inserting `the provider's fitness to have responsibility
for the safety and well-being of children, the elderly, or individuals
with disabilities'.
- (3) DEFINITION OF CARE- Section 5 of the National Child Protection Act of 1993 (42 U.S.C. 5119c(5)) is amended--
- (A) by amending paragraph (5) to read as follows:
- `(5) the term `care' means the provision of care,
treatment, education, training, instruction, supervision, or recreation
to children, the elderly, or individuals with disabilities;'; and
- (B) in paragraph (8) by striking `child care' each place it appears and inserting `care'.
- (b) INFORMATION REQUIRED TO BE REPORTED- Section 2(a) of the
National Child Protection Act of 1993 (42 U.S.C. 5119(a)) is amended by
adding at the end `A criminal justice agency may satisfy the requirement
of this subsection by reporting or indexing all felony and serious
misdemeanor arrests and dispositions.'.
- (c) CLARIFICATION OF IMMUNITY PROVISION- Section 3(d) of the
National Child Protection Act of 1993 (42 U.S.C. 5119a(d)) is amended by
inserting `(other than itself)' after `failure of a qualified entity'.
- (d) DEFRAYMENT OF COSTS TO VOLUNTEERS OF CONDUCTING BACKGROUND
CHECKS- Section 4(b) of the National Child Protection Act of 1993 (42
U.S.C. 5119b(b)) is amended--
- (1) by striking `and' at the end of subparagraph (C);
- (2) by striking the period at the end of subparagraph (D) and inserting `; and'; and
- (3) by adding at the end the following new subparagraph:
- `(E) to assist the State in paying all or part of the cost
to the State of conducting background checks on persons who are
employed by or volunteer with a public, not-for-profit, or voluntary
qualified entity to reduce the amount of fees charged for such
background checks.'.
- (e) FEES- Section 3(e) of the National Child Protection Act of
1993 is amended by striking `the actual cost' and inserting `eighteen
dollars, respectively, or the actual cost, whichever is less,'.
- (f) COSTS OF THE FBI- Funds authorized to be appropriated to
the Federal Bureau of Investigation under section 190001(c) of this Act
may be used to pay all or part of the cost to the Federal Bureau of
Investigation of carrying out the National Child Protection Act of 1993,
including the cost of conducting background checks on persons who are
employed by or volunteer with a public, not-for-profit, or voluntary
qualified entity to reduce the amount of fees charged for such
background checks.
- (g) GUIDELINES-
- (1) IN GENERAL- The Attorney General, in consultation with
Federal, State, and local officials, including officials responsible
for criminal history record systems, and representatives of public and
private care organizations and health, legal, and social welfare
organizations, shall develop guidelines for the adoption of appropriate
safeguards by care providers and by States for protecting children, the
elderly, or individuals with disabilities from abuse.
- (2) MATTERS TO BE ADDRESSED- In developing guidelines
under paragraph (1), the Attorney General shall address the
availability, cost, timeliness, and effectiveness of criminal history
background checks and recommend measures to ensure that fees for
background checks do not discourage volunteers from participating in
care programs.
- (3) DISSEMINATION- The Attorney General shall, subject to
the availability of appropriations, disseminate the guidelines to State
and local officials and to public and private care providers.
- (h) CHANGE OF REPORT DEADLINE- Section 2(f)(2) of the National
Child Protection Act of 1993 (42 U.S.C. 5119(f)(2)) is amended by
striking `1 year' and inserting `2 years'.
- (i) CHANGE OF IMPLEMENTATION DEADLINE- Section 2(b)(2)(A) of
the National Child Protection Act of 1993 (42 U.S.C. 5119(b)(2)(A)) is
amended by striking `3 years' and inserting `5 years'.
- (j) DEFINITION OF CHILD ABUSE CASES AND INDIVIDUALS WITH
DISABILITIES- Section 5 of the National Child Protection Act of 1993 (42
U.S.C. 5119c) is amended--
- (1) by redesignating 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--
- `(A) make arrests without warrant for any offense
against the United States committed in the agent's presence, or for any
felony cognizable under the laws of the United States if the agent has
probable cause to believe that the person to be arrested has committed
or is committing such a felony;
- `(B) execute any warrant or other process issued by a
court or officer of competent jurisdiction for the enforcement of any
Federal law or regulation issued pursuant to law in connection with the
investigation of an offense described in subparagraph (A);
- `(C) conduct an investigation of an offense described
in subparagraph (A) in the absence of investigation of the offense by
any Federal law enforcement agency having investigative jurisdiction
over the offense or with the concurrence of that agency; and
- `(D) carry firearms in carrying out any activity described in subparagraph (A), (B), or (C).
- `(c) AREA OF JURISDICTION- A law enforcement agent designated
under subsection (a) shall be authorized to exercise the law enforcement
duties and powers described in subsection (b)--
- `(1) on any lands or facilities owned or leased by the
corporation or within such adjoining areas in the vicinities of such
lands or facilities as may be determined by the board under subsection
(e); and
- `(2) on other lands or facilities--
- `(A) when the person to be arrested is in the process
of fleeing from such lands, facilities, or adjoining areas to avoid
arrest;
- `(B) in conjunction with the protection of property or
officials or employees of the corporation on or within lands or
facilities other than those owned or leased by the corporation; or
- `(C) in cooperation with other Federal, State, or local law enforcement agencies.
- `(d) FEDERAL INVESTIGATIVE JURISDICTION AND STATE CIVIL AND
CRIMINAL JURISDICTION NOT PREEMPTED- Nothing in this section shall be
construed to--
- `(1) limit or restrict the investigative jurisdiction of any Federal law enforcement agency; or
- `(2) affect any right of a State or a political
subdivision thereof to exercise civil and criminal jurisdiction on or
within lands or facilities owned or leased by the corporation.
- `(e) DETERMINATION OF ADJOINING AREAS-
- `(1) IN GENERAL- The board shall determine and may from
time-to-time modify the adjoining areas for each facility or particular
area of land, or for individual categories of such facilities or lands,
for the purposes of subsection (c)(1).
- `(2) NOTICE- A notice and description of each adjoining
area determination or modification of a determination made under
paragraph (1) shall be published in the Federal Register.
- `(f) QUALIFICATIONS AND TRAINING- The board, in consultation
with the Attorney General, shall adopt qualification and training
standards for law enforcement agents designated under subsection (a).
- `(g) RELATION TO OTHER LAW- A law enforcement agent designated
under subsection (a) shall not be considered to be a law enforcement
officer of the United States for the purposes of any other law, and no
law enforcement agent designated under subsection (a) or other employee
of the corporation shall receive an increase in compensation solely on
account of this section.
- `(h) RELATIONSHIP WITH ATTORNEY GENERAL- The duties and powers
of law enforcement agents designated under subsection (a) that are
described in subsection (b) shall be exercised in accordance with
guidelines approved by the Attorney General.'.
SEC. 320932. ASSISTANT UNITED STATES ATTORNEY RESIDENCY.
- Section 545(a) of title 28, United States Code, is amended--
- (1) by striking `and assistant United States attorney'; and
- (2) by inserting the following after the first sentence:
`Each assistant United States attorney shall reside in the district for
which he or she is appointed or within 25 miles thereof.'.
SEC. 320933. LABELS ON PRODUCTS.
To the extent any person introduces, delivers for introduction, sells, advertises, or offers for sale in commerce a product with a `Made in the U.S.A.' or `Made in America' label, or the equivalent thereof, in order to represent that such product was in whole or substantial part of domestic origin, such label shall be consistent with decisions and orders of the Federal Trade Commission issued pursuant to section 5 of the Federal Trade Commission Act. This section only applies to such labels. Nothing in this section shall preclude the application of other provisions of law relating to labeling. The Commission may periodically consider an appropriate percentage of imported components which may be included in the product and still be reasonably consistent with such decisions and orders. Nothing in this section shall preclude use of such labels for products that contain imported components under the label when the label also discloses such information in a clear and conspicuous manner. The Commission shall administer this section pursuant to section 5 of the Federal Trade Commission Act and may from time to time issue rules pursuant to section 553 of title 5, United States Code, for such purpose. If a rule is issued, such violation shall be treated by the Commission as a violation of a rule under section 18 of the Federal Trade 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:
`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;
- `(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 Concern- ing 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.
TITLE XXXIII--TECHNICAL CORRECTIONS
SEC. 330001. AMENDMENTS RELATING TO FEDERAL FINANCIAL ASSISTANCE FOR LAW ENFORCEMENT.
- (a) CROSS REFERENCE CORRECTIONS- Section 506 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756) is
amended--
- (1) in subsection (a) by striking `Of' and inserting `Subject to subsection (f), of';
- (2) in subsection (c) by striking `subsections (b) and (c)' and inserting `subsection (b)';
- (3) in subsection (e) by striking `or (e)' and inserting `or (f)'; and
- (4) in subsection (f)(1)--
- (A) in subparagraph (A)--
- (i) by striking `, taking into consideration subsection (e) but'; and
- (ii) by striking `this subsection,' and inserting `this subsection'; and
- (B) in subparagraph (B) by striking `amount' and inserting `funds'.
- (b) CORRECTIONAL OPTIONS GRANTS- (1) Section 515(b) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 is amended--
- (A) by striking `subsection (a)(1) and (2)' and inserting `paragraphs (1) and (2) of subsection (a)'; and
- (B) in paragraph (2) by striking `States' and inserting `public agencies'.
- (2) Section 516 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended--
- (A) in subsection (a) by striking `for section' each place
it appears and inserting `shall be used to make grants under section';
and
- (B) in subsection (b) by striking `section 515(a)(1) or (a)(3)' and inserting `paragraph (1) or (3) of section 515(a)'.
- (3) Section 1001(a)(5) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(5)) is amended by
inserting `(other than chapter B of subpart 2)' after `and E'.
- (c) DENIAL OR TERMINATION OF GRANT- Section 802(b) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3783(b)) is amended by striking `M,,' and inserting `M,'.
- (d) DEFINITIONS- Section 901(a)(21) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791(21)) is
amended by adding a semicolon at the end.
- (e) PUBLIC SAFETY OFFICERS DISABILITY BENEFITS- Title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796) is
amended--
- (1) in section 1201--
- (A) in subsection (a) by striking `subsection (g)' and inserting `subsection (h),'; and
- (B) in subsection (b)--
- (i) by striking `subsection (g)' and inserting `subsection (h)';
- (ii) by striking `personal'; and
- (iii) in the first proviso by striking `section' and inserting `subsection'; and
- (2) in section 1204(3) by striking `who was responding to a fire, rescue or police emergency'.
- (f) HEADINGS- (1) The heading for part M of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797) is
amended to read as follows:
`PART M--REGIONAL INFORMATION SHARING SYSTEMS'.
- (2) The heading for part O of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3797) is amended to read
as follows:
`PART O--RURAL DRUG ENFORCEMENT'.
- (g) TABLE OF CONTENTS- The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended--
- (1) in the item relating to section 501 by striking `Drug
Control and System Improvement Grant' and inserting `drug control and
system improvement grant';
- (2) in the item relating to section 1403 by striking `Application' and inserting `Applications'; and
- (3) in the items relating to part O by redesignating sections 1401 and 1402 as sections 1501 and 1502, respectively.
- (h) OTHER TECHNICAL AMENDMENTS- Title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended--
- (1) in section 202(c)(2)(E) by striking `crime,,' and inserting `crime,';
- (2) in section 302(c)(19) by striking a period at the end and inserting a semicolon;
- (3) in section 602(a)(1) by striking `chapter 315' and inserting `chapter 319';
- (4) in section 603(a)(6) by striking `605' and inserting `606';
- (5) in section 605 by striking `this section' and inserting `this part';
- (6) in section 606(b) by striking `and Statistics' and inserting `Statistics';
- (7) in section 801(b)--
- (A) by striking `parts D,' and inserting `parts';
- (B) by striking `part D' each place it appears and inserting `subpart 1 of part E';
- (C) by striking `403(a)' and inserting `501'; and
- (D) by striking `403' and inserting `503';
- (8) in the first sentence of section 802(b) by striking `part D,' and inserting `subpart 1 of part E or under part';
- (9) in the second sentence of section 804(b) by striking `Prevention or' and inserting `Prevention, or';
- (10) in section 808 by striking `408, 1308,' and inserting `507';
- (11) in section 809(c)(2)(H) by striking `805' and inserting `804';
- (12) in section 811(e) by striking `Law Enforcement Assistance Administration' and inserting `Bureau of Justice Assistance';
- (13) in section 901(a)(3) by striking `and,' and inserting `, and';
- (14) in section 1001(c) by striking `parts' and inserting `part'.
- (i) CONFORMING AMENDMENT TO OTHER LAW- Section 4351(b) of
title 18, United States Code, is amended by striking `Administrator of
the Law Enforcement Assistance Administration' and inserting `Director
of the Bureau of Justice Assistance'.
SEC. 330002. GENERAL TITLE 18 CORRECTIONS.
- (a) SECTION 1031- Section 1031(g)(2) of title 18, United
States Code, is amended by striking `a government' and inserting `a
Government'.
- (b) SECTION 208- Section 208(c)(1) of title 18, United States Code, is amended by striking `Banks' and inserting `banks'.
- (c) SECTION 1007- The heading for section 1007 of title 18,
United States Code, is amended by striking `Transactions' and inserting
`transactions'.
- (d) SECTION 1014- Section 1014 of title 18, United States Code, is amended by striking the comma that follows a comma.
- (e) ELIMINATION OF OBSOLETE CROSS REFERENCE- Section 3293 of title 18, United States Code, is amended by striking `1008,'.
- (f) ELIMINATION OF DUPLICATE SUBSECTION DESIGNATION- Section
1031 of title 18, United States Code, is amended by redesignating the
second subsection (g) as subsection (h).
- (g) TECHNICAL AMENDMENT TO PART ANALYSIS FOR PART I- The item
relating to chapter 33 in the part analysis for part I of title 18,
United States Code, is amended by striking `701' and inserting `700'.
- (h) AMENDMENT TO SECTION 924(a)(1)(B)- Section 924(a)(1)(B) of
title 18, United States Code, is amended by striking `(q)' and
inserting `(r)'.
- (i) PUNCTUATION CORRECTION- Section 207(c)(2)(A)(ii) of title
18, United States Code, is amended by striking the semicolon at the end
and inserting a comma.
- (j) CHAPTER ANALYSIS CORRECTION- The chapter analysis for
chapter 223 of title 18, United States Code, is amended by adding at the
end the following:
- `3509. Child Victims' and child witnesses' rights.'.
- (k) Elimination of Superfluous Comma- Section 3742(b) of title
18, United States Code, is amended by striking `Government,' and
inserting `Government'.
SEC. 330003. CORRECTIONS OF ERRONEOUS CROSS REFERENCES AND MISDESIGNATIONS.
- (a) SECTION 1791 OF TITLE 18- Section 1791(b) of title 18,
United States Code, is amended by striking `(c)' each place it appears
and inserting `(d)'.
- (b) SECTION 2703 OF TITLE 18- Section 2703(d) of title 18,
United States Code, is amended by striking `section 3126(2)(A)' and
inserting `section 3127(2)(A)'.
- (c) SECTION 666 OF TITLE 18- Section 666(d) of title 18, United States Code, is amended--
- (1) by redesignating the second paragraph (4) as paragraph (5);
- (2) by striking `and' at the end of paragraph (3); and
- (3) by striking the period at the end of paragraph (4) and inserting `; and'.
- (d) SECTION 4247 OF TITLE 18- Section 4247(h) of title 18,
United States Code, is amended by striking `subsection (e) of section
4241, 4243, 4244, 4245, or 4246,' and inserting `subsection (e) of
section 4241, 4244, 4245, or 4246, or subsection (f) of section 4243,'.
- (e) SECTION 408 OF THE CONTROLLED 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. Sec. 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;
- (12) in section 1909 by inserting `or' before `farm credit
examiner' and by striking `or an examiner of National Agricultural
Credit Corporations,';
- (13) by striking sections 2157 and 2391 and amending the
chapter analysis for chapter 105 and for 115, respectively, by striking
the items relating to those sections;
- (14) in section 2257 by striking the subsections (f) and (g) that were enacted by Public Law 100-690;
- (15) in section 3113 by striking the third paragraph;
- (16) in section 3281 by striking `except for offenses barred by the provisions of law existing on August 4, 1939';
- (17) in section 443 by striking `or (3) five years after 12 o'clock noon of December 31, 1946,';
- (18) in sections 542, 544, and 545 by striking `the Philippine Islands,'; and
- (19) in section 1073--
- (A) by striking `or which, in the case of New Jersey, is a high misdemeanor under the laws of said State,'; and
- (B) by striking `or which in the case of New Jersey, is a high misdemeanor under the laws of said State,'.
SEC. 330005. CORRECTION OF DRAFTING ERROR IN THE FOREIGN CORRUPT PRACTICES ACT.
- Section 104(a)(3) of the Foreign Corrupt Practices Act of 1977
(15 U.S.C. 78dd-2) is amended by striking `issuer' and inserting
`domestic concern'.
SEC. 330006. ELIMINATION OF REDUNDANT PENALTY PROVISION IN 18 U.S.C. 1116.
- Section 1116(a) of title 18, United States Code, is amended by
striking `, and any such person who is found guilty of attempted murder
shall be imprisoned for not more than twenty years'.
SEC. 330007. ELIMINATION OF REDUNDANT PENALTY.
- Section 1864(c) of title 18, United States Code, is amended by striking `(b) (3), (4), or (5)' and inserting `(b)(5)'.
SEC. 330008. CORRECTIONS OF MISSPELLINGS AND GRAMMATICAL ERRORS.
- Title 18, United States Code, is amended--
- (1) in section 513(c)(4) by striking `association or persons' and inserting `association of persons';
- (2) in section 1956(e) by striking `Evironmental' and inserting `Environmental';
- (3) in section 3125--
- (A) in subsection (a)(2) by striking `use' and the quotation mark that immediately follows it and inserting `use;';
- (B) by realigning the matter in subsection (a)(2) that
begins with `may have installed' and ends with `section 3123 of this
title' so that it is flush to the left margin; and
- (C) by striking `provider for' and inserting `provider of' in subsection (d);
- (4) in section 3731 by striking `order of a district
courts' and inserting `order of a district court' in the second
undesignated paragraph;
- (5) in section 151 by striking `mean' and inserting `means';
- (6) in section 208(b) by inserting `if' after `(4)';
- (7) in section 209(d) by striking `under the terms of the chapter 41' and inserting `under the terms of chapter 41';
- (8) in section 1014 by inserting a comma after `National Credit Union Administration Board'; and
- (9) in section 3291 by striking `the afore-mentioned' and inserting `such'.
d20
SEC. 330009. OTHER TECHNICAL AMENDMENTS.
- (a) SECTION 419 OF CONTROLLED SUBSTANCES ACT- Section 419(b)
of the Controlled Substances Act (21 U.S.C. 860(b)) is amended by
striking `years Penalties' and inserting `years. Penalties'.
- (b) SECTION 667- Section 667 of title 18, United States Code,
is amended by adding at the end the following: `The term `livestock' has
the meaning set forth in section 2311 of this title.'.
- (c) SECTION 1114- Section 1114 of title 18, United States
Code, is amended by striking `or any other officer, agency, or employee
of the United States' and inserting `or any other officer or employee of
the United States or any agency thereof'.
- (d) Section 408 of Controlled Substances Act- Section
408(q)(8) of the Controlled Substances Act (21 U.S.C. 848(q)(8)) is
amended by striking `applications, for writ' and inserting `applications
for writ'.
SEC. 330010. CORRECTION OF ERRORS FOUND DURING CODIFICATION.
- Title 18, United States Code, is amended--
- (1) in section 212 by striking `218' and inserting `213';
- (2) in section 1917--
- (A) by striking `Civil Service Commission' and inserting `Office of Personnel Management'; and
- (B) by striking `the Commission' in paragraph (1) and inserting `such Office';
- (3) by transferring the subchapter analysis for each
subchapter of each of chapters 227 and 229 to follow the heading of that
subchapter;
- (4) so that the heading of section 1170 reads as follows:
`Sec. 1170. Illegal trafficking in Native American human remains and cultural items';
- (5) so that the item relating to section 1170 in the chapter analysis for chapter 53 reads as follows:
- `1170. Illegal trafficking in Native American human remains and cultural items.';
- (6) in section 3509(a) by striking paragraph (11) and
redesignating paragraphs (12) and (13) as paragraphs (11) and (12),
respectively;
- (7) in section 3509--
- (A) by striking `subdivision' each place it appears and inserting `subsection'; and
- (B) by striking `government' each place it appears and inserting `Government';
- (8) in section 2252(a)(3)(B) by striking `materails' and inserting `materials';
- (9) in section 14 by striking `45,' and `608, 611, 612,';
- (10) in section 3059A--
- (A) in subsection (b) by striking `this subsection' and inserting `subsection'; and
- (B) in subsection (c) by striking `this subsection' and inserting `subsection';
- (11) in section 1761(c)--
- (A) by striking `and' at the end of paragraph (1);
- (B) by inserting `and' at the end of paragraph (3); and
- (C) by striking the period at the end of paragraph (2)(B) and inserting a semicolon;
- (12) in the chapter analysis for chapter 11--
- (A) in the item relating to section 203 by inserting a comma after `officers' and by striking the comma after `others'; and
- (B) in the item relating to section 204 by inserting `the' before `United States Court of Appeals for the Federal Circuit';
- (13) in the chapter analysis for chapter 23, in the item
relating to section 437, by striking the period immediately following
`Indians';
- (14) in the chapter analysis for the beginning of chapter
25, in the item relating to section 491, by striking the period
immediately following `paper used as money';
- (15) in section 207(a)(3) by striking `Clarification of Restrictions' and inserting `Clarification of restrictions';
- (16) in section 176 by striking `the government' and inserting `the Government';
- (17) in section 3059A(e)(2)(iii) by striking `backpay' and inserting `back pay'; and
- (18) by adding a period at the end of the item relating to section 3059A in the chapter analysis for chapter 203.
SEC. 330011. PROBLEMS RELATED TO EXECUTION OF PRIOR AMENDMENTS.
- (a) INCORRECT REFERENCE- Section 2587(b) of Public Law 101-647
is amended, effective as of the date on which that section took effect,
by striking `The chapter heading for' and inserting `The chapter
analysis for'.
- (b) LACK OF PUNCTUATION IN STRICKEN LANGUAGE- Section 46(b) of
the Criminal Law and Procedure Technical Amendments Act of 1986 is
amended, effective as of the date on which that section took effect, so
that--
- (A) in paragraph (1), the matter proposed to be stricken
from the beginning of section 201(b) of title 18, United States Code,
reads `(b) Whoever, directly'; and
- (B) in paragraph (2), a comma, rather than a semicolon,
appears after `his lawful duty' in the matter to be stricken from
paragraph (3) of section 201(b) of that title.
- (c) BIOLOGICAL WEAPONS- (1) Section 3(b) of the Biological
Weapons Anti-Terrorism Act of 1989 is amended, effective as of the date
on which that section took effect, by striking `2516(c)' and inserting
`2516(1)(c)'.
- (2) The item in the part analysis for part I of title 18,
United States Code, that relates to chapter 10 is amended by striking
`Weapons' and inserting `weapons'.
- (d) PLACEMENT OF NEW SECTION- Section 404(a) of Public Law
101-630 is amended, effective on the date such section took effect, by
striking `adding at the end thereof' each place it appears and inserting
`inserting after section 1169'.
- (e) ELIMINATION OF ERRONEOUS CHARACTERIZATION OF MATTER
INSERTED- Section 225(a) of Public Law 101-647 is amended, effective as
of the date on which that section took effect, by striking `new rule'.
- (f) CLARIFICATION OF PLACEMENT OF AMENDMENT- Section 1205(c)
of Public Law 101-647 is amended, effective as of the date on which that
section took effect, by inserting `at the end' after `adding'.
- (g) ELIMINATION OF DUPLICATE AMENDMENT- Section 1606 of Public
Law 101-647 (amending section 1114 of title 18, United States Code) is
repealed effective as of the date of enactment of that section.
- (h) ERROR IN AMENDMENT PHRASING- Section 3502 of Public Law
101-647 is amended, effective as of the date on which that section took
effect, by striking `10' and inserting `ten'.
- (i) CLARIFICATION THAT AMENDMENTS WERE TO TITLE 18- Sections
3524, 3525, and 3528 of Public Law 101-647 are each amended, effective
as of the date on which those sections took effect, by inserting `of
title 18, United States Code' before `is amended'.
- (j) CORRECTION OF PARAGRAPH REFERENCE- Section 3527 of Public
Law 101-647 is amended, effective as of the date on which that section
took effect, by striking `4th' and inserting `5th'.
- (k) REPEAL OF OBSOLETE TECHNICAL CORRECTION TO SECTION 1345-
Section 3542 of Public Law 101-647 is repealed, effective as of the date
of its enactment.
- (l) REPEAL OF OBSOLETE TECHNICAL CORRECTION TO SECTION 1956-
Section 3557(2)(E) of Public Law 101-647 is repealed, effective as of
the date of its enactment.
- (m) CLARIFICATION OF PLACEMENT OF AMENDMENTS- Public Law 101-647 is amended, effective as of the date of its enactment--
- (1) in section 3564(1) by inserting `each place it
appears' after the quotation mark following `2251' the first place it
appears; and
- (2) in section 3565(3)(A) by inserting `each place it appears' after the quotation mark following `subchapter'.
- (n) CORRECTION OF WORD QUOTED IN AMENDMENT- Section 3586(1) of
Public Law 101-647 is amended, effective as of the date on which that
section took effect, by striking `fines' and inserting `fine'.
- (o) ELIMINATION OF OBSOLETE TECHNICAL AMENDMENT TO SECTION
4013- Section 3599 of Public Law 101-647 is repealed, effective as of
the date of its enactment.
- (p) CORRECTION OF DIRECTORY LANGUAGE- Section 3550 of Public
Law 101-647 is amended, effective as of the date on which that section
took effect, by striking `not more than'.
- (q) REPEAL OF DUPLICATE PROVISIONS- (1) Section 3568 of Public
Law 101-647 is repealed, effective as of the date on which that section
took effect.
- (2) Section 1213 of Public Law 101-647 is repealed, effective as of the date on which that section took effect.
- (r) CORRECTION OF WORDS QUOTED IN AMENDMENT- Section 2531(3)
of Public Law 101-647 is amended, effective as of the date on which that
section took effect, by striking `1679(c)(2)' and inserting
`1679a(c)(2)'.
- (s) FORFEITURE- (1) Section 1401 of Public Law 101-647 is
amended, effective as of the date on which that section took effect--
- (A) by inserting a comma after `, 5316'; and
- (B) by inserting `the first place it appears' after the quotation mark following `5313(a)'.
- (2) Section 2525(a)(2) of Public Law 101-647 is amended,
effective as of the date on which that section took effect, by striking
`108(3)' and inserting `2508(3)'.
SEC. 330012. AMENDMENT TO SECTION 1956 OF TITLE 18 TO ELIMINATE DUPLICATE PREDICATE CRIMES.
- Section 1956 of title 18, United States Code, is amended in
subsection (c)(7)(E), by striking the period that follows a period.
SEC. 330013. AMENDMENTS TO PART V OF TITLE 18.
- Part V of title 18, United States Code, is amended--
- (1) by inserting after the heading for that part the following:
`CHAPTER 601--IMMUNITY OF WITNESSES';
- (2) in section 6001(1)--
- (A) by striking `Atomic Energy Commission' and inserting `Nuclear Regulatory Commission'; and
- (B) by striking `the Subversive Activities Control Board,'
- (3) by striking `part' the first place it appears and inserting `chapter'; and
- (4) by striking `part' each other place it appears and inserting `title'.
SEC. 330014. UPDATE OF CROSS REFERENCE.
- Section 408(n)(11) of the Controlled Substances Act is amended by striking `section 405' and inserting `section 418'.
SEC. 330015. CORRECTION OF ERROR IN AMENDATORY LANGUAGE.
- Section 1904 of Public Law 101-647 is amended, effective as of
the date on which that section took effect, by striking `by inserting a
new subsection (e) as follows' and inserting `so that subsection (e)
reads as follows'.
SEC. 330016. CORRECTION OF MISLEADING AND OUTMODED FINE AMOUNTS IN OFFENSES UNDER TITLE 18.
- Title 18, United States Code, is amended--
- (1)(A) in sections 1693, 1694, 1695, and 1696 by striking `not more than $50' and inserting `under this title';
- (B) in sections 333, 489, 754, 1303, 1699, 1701, 1703,
1710, 1723, 1726, 1730, and 2390 by striking `not more than $100' and
inserting `under this title';
- (C) in sections 1697 and 1698 by striking `not more than $150' and inserting `under this title';
- (D) in sections 1165 and 2279 by striking `not more than $200' and inserting `under this title';
- (E) in sections 701, 702, 703, 704, 705, 706, 707, 708,
710, 711, 711a, 713, 715, 1164, and 1858 by striking `not more than
$250' each place it appears and inserting `under this title';
- (F) in sections 916, 1501, 1502, 1719, 1725, and 1861 by striking `not more than $300' and inserting `under this title';
- (G) in sections 4, 41, 42, 46, 47, 112, 154, 244, 288,
290, 336, 475, 501, 502, 755, 872, 875, 876, 877, 917, 1013, 1018,
1024, 1154, 1155, 1156, 1382, 1541, 1700, 1703, 1704, 1707, 1712, 1713,
1720, 1721, 1722, 1729, 1731, 1734, 1752, 1793, 1856, 1857, 1863, 1912,
1913, 1922, 2074, 2195, and 2511 by striking `not more than $500' each
place it appears and inserting `under this title';
- (H) in sections 81, 210, 211, 215, 217, 242, 245, 291,
292, 439, 442, 480, 483, 484, 490, 491, 494, 495, 503, 507, 510, 594,
595, 596, 597, 598, 599, 604, 605, 641, 643, 645, 646, 647, 648, 649,
650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 661, 662, 665, 712,
751, 752, 756, 795, 796, 797, 836, 844, 871, 875, 876, 877, 879, 911,
912, 913, 924, 957, 959, 961, 1003, 1012, 1021, 1025, 1026, 1071, 1112,
1163, 1262, 1263, 1264, 1301, 1302, 1304, 1306, 1341, 1342, 1343, 1361,
1363, 1384, 1504, 1508, 1509, 1657, 1705, 1706, 1707, 1711, 1715, 1716,
1733, 1738, 1761, 1762, 2276, 2277, 2278, 2382, and 2389 by striking
`not more than $1,000' each place it appears and inserting `under this
title';
- (I) in sections 331, 482, 486, 499, 755, 873, 958, 1016,
1154, 1156, 1381, 1542, 1543, 1544, 1545, 1586, 1621, 1622, 1702, 1708,
1709, 1920, 1921, 1923, 2071, 2193, 2233, 2386, and 2424 by striking
`not more than $2,000' each place it appears and inserting `under this
title';
- (J) in sections 431, 432, 479, 960, 1859, 1901, 1911, and
1959 by striking `not more than $3,000' and inserting `under this
title';
- (K) in sections 35, 81, 112, 152, 153, 155, 212, 213, 214,
285, 334, 351, 435, 436, 438, 471, 472, 473, 476, 477, 478, 481, 485,
487, 488, 497, 498, 505, 506, 508, 509, 541, 542, 543, 544, 546, 547,
548, 549, 550, 551, 552, 592, 593, 602, 603, 606, 607, 642, 655, 658,
659, 660, 661, 663, 751, 799, 844, 872, 874, 875, 876, 877, 878, 914,
915, 924, 953, 954, 956, 1004, 1010, 1011, 1015, 1017, 1025, 1028, 1071,
1073, 1074, 1163, 1169, 1231, 1265, 1363, 1421, 1422, 1423, 1424, 1425,
1426, 1427, 1428, 1429, 1461, 1462, 1463, 1465, 1503, 1505, 1506, 1507,
1510, 1581, 1582, 1583, 1584, 1585, 1588, 1658, 1659, 1717, 1732, 1735,
1737, 1751, 1906, 1907, 1908, 1909, 1915, 1991, 2072, 2073, 2113, 2217,
2152, 2197, 2231, 2244, 2314, 2316, 2317, 2344, and 2701 by striking
`not more than $5,000' each place it appears and inserting `under this
title';
- (L) in sections 33, 224, 231, 241, 245, 246, 286, 289,
332, 335, 337, 351, 371, 437, 440, 441, 493, 496, 500, 510, 545, 595,
599, 600, 601, 641, 664, 665, 667, 757, 792, 793, 798, 844, 892, 893,
894, 924, 952, 955, 962, 963, 964, 965, 966, 967, 970, 1001, 1002, 1003,
1019, 1020, 1022, 1023, 1027, 1082, 1084, 1115, 1202, 1361, 1362, 1364,
1365, 1385, 1461, 1462, 1464, 1587, 1623, 1654, 1656, 1735, 1737, 1751,
1902, 1903, 1904, 1910, 1951, 1952, 1953, 1954, 1958, 1992, 2101, 2113,
2153, 2154, 2155, 2156, 2231, 2232, 2271, 2274, 2275, 2314, 2315, 2383,
2386, 2387, 2388, and 2512 by striking `not more than $10,000' each
place it appears and inserting `under this title';
- (M) in section 1028 by striking `not more than $15,000' and inserting `under this title';
- (N) in sections 844, 878, 1728, 1955, 1958, 2321, 2384,
and 2385 by striking `not more than $20,000' each place it appears and
inserting `under this title';
- (O) in sections 32, 114, 753, 1028, 1365, 1512, 1792, and
2118 by striking `not more than $25,000' each place it appears and
inserting `under this title';
- (P) in section 2118 by striking `not more than $35,000' and inserting `under this title';
- (Q) in sections 1365, 1958, and 2118 by striking `not more than $50,000' and inserting `under this title';
- (R) in section 951 by striking `not more than $75,000' and inserting `under this title';
- (S) in sections 32, 1167, 1365, 2251, and 2344 by striking
`not more than $100,000' each place it appears and inserting `under
this title';
- (T) in section 2251 by striking `not more than $200,000' and inserting `under this title'; and
- (U) in sections 1158, 1167, 1512, 1513, 2251, 2318, 2320,
and 2701 by striking `not more than $250,000' and inserting `under this
title';
- (2)(A) in sections 3 and 373 by inserting `(notwithstanding section 3571)' before `fined not more than one-half';
- (B) in section 113 by striking `fine of not more than'
through the immediately following dollar amount each place it appears
and inserting `a fine under this title';
- (C) in sections 115, 513, 709, 831, 1366, 1511 and 1959 by
striking `of not more than' through the immediately following dollar
amount each place it appears and inserting `under this title';
- (D) in section 201 by inserting `under this title or'
after `be fined'; and by inserting `whichever is greater,' before `or
imprisoned';
- (E) in section 402 by striking `fine' the first place it appears and inserting `a fine under this title';
- (F) in section 443 by striking `shall, if a corporation,
be fined not more than $50,000, and, if a natural person, be fined not
more than $10,000' and inserting `shall be fined under this title';
- (G) in sections 643, 644, 645, 647, 648, 649, 650, 651,
652, 653, and 1711 by inserting `under this title or' after `be fined'
the first place it appears; and by inserting `, whichever is greater,'
before `or imprisoned' the first place it appears;
- (H) in sections 646 and 654 by inserting `under this title
or' after `be fined' the first place it appears; and by inserting
`whichever is greater,' before `or imprisoned' the first place it
appears;
- (I) in section 1029 by striking `of not more than' through
the immediately following dollar amount each place it appears and
inserting `under this title'; and by inserting `, whichever is greater,'
before `or imprisonment' each place it appears;
- (J) in section 2381 by inserting `under this title but' before `not less than $10,000'; and
- (K) in section 3146(b)(1)(A)(iv) by striking `fine under this chapter' and inserting `fined under this title'.
SEC. 330017. TECHNICAL CORRECTIONS TO TITLE 31 CRIMES.
- (a) TITLE 31, U.S.C., AMENDMENTS-
- (1) Section 5321(a)(5)(A) of title 31, United States Code, is amended by inserting `any violation of' after `causing'.
- (2) Section 5324(a) of title 31, United States Code, is amended--
- (A) by striking `section 5313(a), section 5325, or the
regulations issued thereunder or section 5325 or regulations prescribed
under such section 5325' each place it appears and inserting `section
5313(a) or 5325 or any regulation prescribed under any such section';
and
- (B) by striking `with respect to such transaction'.
- (b) AMENDMENT RELATING TO TITLE 31, U.S.C-
- (1) Effective as of the date of enactment of the
Annunzio-Wylie Anti-Money Laundering Act, section 1517(b) of that Act is
amended by striking `5314' and inserting `5318'.
- (2) Section 5239 of the Revised Statutes of the United
States is amended by redesignating the second subsection (c) (as added
by section 1502(a) of the Annunzio-Wylie Anti-Money Laundering Act) as
subsection (d).
SEC. 330018. REPEAL OF SUPERFLUOUS STATUTE OF LIMITATION AND TRANSFER OF CHILD ABUSE STATUTE OF LIMITATION.
- (a) IN GENERAL- Section 3283 of title 18, United States Code, is amended to read as follows:
`Sec. 3283. Child abuse offenses
- `No statute of limitations that would otherwise preclude
prosecution for an offense involving the sexual or physical abuse of a
child under the age of 18 years shall preclude such prosecution before
the child reaches the age of 25 years.'.
- (b) CONFORMING REPEAL- Section 3509(k) of title 18, United
States Code, is amended by striking the subsection heading and the first
sentence and inserting `STAY OF CIVIL ACTION- '.
- (c) TECHNICAL AMENDMENT- The item in the chapter analysis for
chapter 213 of title 18, United States Code, that relates to section
3283 is amended to read as follows:
- `3283. Child abuse offenses.'.
SEC. 330019. TECHNICAL ERRORS IN SECTION 1956.
- (a) TECHNICAL CORRECTIONS- Section 1956 of title 18, United States Code, is amended--
- (1) in subsection (c)(7)(B)(iii) by inserting a close parenthesis after `1978';
- (2) by redesignating the second subsection (g) as subsection (h); and
- (3) in subsection (a)(2) by inserting `not more than' before `$500,000'.
- (b) CROSS REFERENCE CORRECTION- Section 1956(c)(7)(D) of title
18, United States Code, is amended by striking `section 9(c) of the
Food Stamp Act of 1977' and inserting `section 15 of the Food Stamp Act
of 1977'.
SEC. 330020. TECHNICAL ERROR.
- Section 1957(f)(1) of title 18, United States Code, is amended by striking the comma that follows a comma.
SEC. 330021. CONFORMING SPELLING OF VARIANTS OF `KIDNAP'.
- Title 18, United States Code, is amended--
- (1) by striking `kidnaping' each place it appears and inserting `kidnapping'; and
- (2) by striking `kidnaped' each place it appears and inserting `kidnapped'.
SEC. 330022. MARGIN ERROR.
- Section 2512(2) of title 18, United States Code, is amended by
realigning the matter that begins with `to send through' and ends with
`electronic communications' so that it is flush to the left margin.
SEC. 330023. TECHNICAL CORRECTIONS RELATING TO SECTION 248 OF TITLE 18, UNITED STATES CODE.
- (a) IN GENERAL- Chapter 13 of title 18, United States Code, is amended--
- (1) in the chapter analysis so that the item relating to section 248 reads as follows:
- `248. Freedom of access to clinic entrances.';
- (2) so that the heading of section 248 reads as follows:
`Sec. 248. Freedom of access to clinic entrances'; and
- (3) in section 248(b) by inserting `, notwithstanding section 3571,' before `be not more than $25,000'.
- (b) EFFECTIVE DATE- The amendments made by this subsection (a)
shall take effect on the date of enactment of the Freedom of Access to
Clinic Entrances Act of 1994.
SEC. 330024. TECHNICAL AMENDMENTS NECESSITATED BY THE ENACTMENT OF THE DOMESTIC CHEMICAL DIVERSION CONTROL ACT OF 1993.
- (a) MISSING CONJUNCTION- Section 102(39)(A)(iv) of the
Controlled Substances Act (21 U.S.C. 802(39)(A)(iv)) is amended by
striking the period at the end and inserting `; or'.
- (b) PUNCTUATION AND INDENTATION CORRECTION- Section 102(34) of the Controlled Substances Act is amended--
- (1) by moving subparagraphs (V) and (W) two ems toward the left margin;
- (2) in subparagraph (V) by striking `b' and inserting `B'; and
- (3) in subparagraph (W) by striking `n' the first place it appears and inserting `N'.
- (c) ERRONEOUS CROSS REFERENCES-
- (1) Section 5(a) of the Domestic Chemical Diversion
Control Act of 1993 is amended by striking `section 1505(a)' and
inserting `section 4'.
- (2) Section 9(b) of the Domestic Chemical Diversion
Control Act of 1993 is amended by striking `Controlled Substances Act'
and inserting `Controlled Substances Import and Export Act'.
- (d) CORRECTION OF AMENDATORY LANGUAGE-
- (1) Section 2(a)(4)(B) of the Domestic Chemical Diversion
Control Act of 1993 is amended by inserting `the first place it appears'
before the semicolon.
- (2) Section 5(b)(3) of the Domestic Chemical Diversion
Control Act of 1993 is amended by striking `at the end' and inserting
`after paragraph (4)'.
- (e) MISSING CONFORMING AMENDMENT- Section 304(g) of the
Controlled Substances Act is amended by inserting `or chemical' after
`such substance' in the last sentence.
- (f) EFFECTIVE DATE- The amendments made by this section shall
take effect as of the date that is 120 days after the date of enactment
of the Domestic Chemical Diversion Control Act of 1993.
SEC. 330025. VICTIMS OF CRIME ACT.
- (a) INCORRECT SECTION REFERENCE- Section 1402(d)(3) of the
Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(3)) is amended by
striking `1404(a)' and inserting `1404A'.
- (b) MISSING TEXT- Section 1403(b)(1) of the Victims of Crime
Act of 1984 (42 U.S.C. 10602(b)(1)) is amended by inserting after
`domestic violence' the following: `for--
- `(A) medical expenses attributable to a physical
injury resulting from compensable crime, including expenses for mental
health counseling and care;
- `(B) loss of wages attributable to a physical injury resulting from a compensable crime; and
- `(C) funeral expenses attributable to a death resulting from a compensable crime'.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
END
Cite as AILA Doc. No. 95091358.
