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H.R. 3355 (103rd): Violent Crime Control and Law Enforcement Act of 1994


The text of the bill below is as of Nov 19, 1993 (Passed the Senate with an Amendment).

Summary of this bill

Source: Wikipedia

The Violent Crime Control and Law Enforcement Act of 1994, H.R. 3355, Pub.L. 103–322 is an Act of Congress dealing with crime and law enforcement; it became law in 1994. It is the largest crime bill in the history of the United States and consisted of 356 pages that provided for 100,000 new police officers, $9.7 billion in funding for prisons and $6.1 billion in funding for prevention programs, which were designed with significant input from experienced police officers. Sponsored by Representative Jack Brooks of Texas, the bill was originally written by Senator Joe Biden of Delaware and then was passed by Congress and ...


HR 3355 EAS

In the Senate of the United States,

November 19 (legislative day, November 2), 1993.

Resolved, That the bill from the House of Representatives (H.R. 3355) entitled ‘An Act to amend the Omnibus Crime Control and Safe Streets Act of 1968 to allow grants to increase police presence, to expand and improve cooperative efforts between law enforcement agencies and members of the community to address crime and disorder problems, and otherwise to enhance public safety’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Violent Crime Control and Law Enforcement Act of 1993’.

SEC. 2. TABLE OF CONTENTS.

    The following is the table of contents for this Act:

      Sec. 1. Short title.

      Sec. 2. Table of contents.

TITLE I--PUBLIC SAFETY AND POLICING

      Sec. 101. Short title.

      Sec. 102. Findings and purposes.

      Sec. 103. Community policing; ‘Cops on the Beat’.

TITLE II--DEATH PENALTY

      Sec. 201. Short title.

      Sec. 202. Constitutional procedures for the imposition of the sentence of death.

      Sec. 203. Specific offenses for which death penalty is authorized.

      Sec. 204. Applicability to Uniform Code of Military Justice.

      Sec. 205. Death penalty for murder by a Federal prisoner.

      Sec. 206. Death penalty for civil rights murders.

      Sec. 207. Death penalty for the murder of Federal law enforcement officials.

      Sec. 208. New offense for the indiscriminate use of weapons to further drug conspiracies.

      Sec. 209. Foreign murder of United States nationals.

      Sec. 210. Death penalty for rape and child molestation murders.

      Sec. 211. Death penalty for sexual exploitation of children.

      Sec. 212. Murder by escaped prisoners.

      Sec. 213. Death penalty for gun murders during Federal crimes of violence and drug trafficking crimes.

      Sec. 214. Homicides and attempted homicides involving firearms in Federal facilities.

      Sec. 215. Murder in course of alien smuggling.

TITLE III--FIREARMS

Subtitle A--Restraining Orders

      Sec. 301. Persons subject to restraining orders.

Subtitle B--Licensure

      Sec. 311. Firearms licensure and registration to require a photograph and fingerprints.

      Sec. 312. Compliance with State and local law as a condition to license.

      Sec. 313. Action on firearms license application.

      Sec. 314. Inspection of firearms licensees’ inventory and records.

      Sec. 315. Reports of theft or loss of firearms.

      Sec. 316. Responses to requests for information.

      Sec. 317. Notification of names and addresses of firearms licensees.

TITLE IV--GUN CRIME PENALTIES

      Sec. 401. Enhanced penalty for use of a semiautomatic firearm during a crime of violence or a drug trafficking crime.

      Sec. 402. Enhanced penalty for second offense of using an explosive to commit a felony.

      Sec. 403. Smuggling firearms in aid of drug trafficking.

      Sec. 404. Theft of firearms and explosives.

      Sec. 405. Revocation of supervised release.

      Sec. 406. Revocation of probation.

      Sec. 407. Increased penalty for knowingly making false, material statement in connection with the acquisition of a firearm from a licensed dealer.

      Sec. 408. Possession of explosives by felons and others.

      Sec. 409. Summary destruction of explosives subject to forfeiture.

      Sec. 410. Elimination of outmoded language relating to parole.

      Sec. 411. Prohibition against transactions involving stolen firearms which have moved in interstate or foreign commerce.

      Sec. 412. Using a firearm in the commission of counterfeiting or forgery.

      Sec. 413. Enhanced penalties for firearms possession by violent felons and serious drug offenders.

      Sec. 414. Receipt of firearms by nonresident.

      Sec. 415. Firearms and explosives conspiracy.

      Sec. 416. Study of incendiary ammunition; report to Congress.

      Sec. 417. Theft of firearms or explosives from licensee.

      Sec. 418. Disposing of explosives to prohibited persons.

      Sec. 419. Clarification of ‘burglary’ under the armed career criminal statute.

      Sec. 420. Increased penalty for interstate gun trafficking.

TITLE V--OBSTRUCTION OF JUSTICE

      Sec. 501. Protection of court officers and jurors.

      Sec. 502. Prohibition of retaliatory killings of witnesses, victims and informants.

      Sec. 503. Protection of jurors and witnesses in capital cases.

      Sec. 504. Death penalty for the murder of State officials assisting Federal law enforcement officials.

      Sec. 505. Death penalty for murder of Federal witnesses.

TITLE VI--GANGS, JUVENILES, DRUGS, AND PROSECUTORS

      Sec. 601. Short title.

Subtitle A--Criminal Youth Gangs

      Sec. 611. Criminal street gangs offenses.

      Sec. 612. Crimes involving the use of minors as RICO predicates.

      Sec. 613. Serious juvenile drug offenses as Armed Career Criminal Act predicates.

      Sec. 614. Adult prosecution of serious juvenile offenders.

      Sec. 615. Increased penalties for employing children to distribute drugs near schools and playgrounds.

      Sec. 616. Increased penalties for drug trafficking near public housing.

      Sec. 617. Increased penalties for Travel Act crimes involving violence and conspiracy to commit contract killings.

      Sec. 618. Amendments concerning records of crimes committed by juveniles.

      Sec. 619. Addition of anti-gang Byrne Grant funding objective.

Subtitle B--Gang Prosecution

      Sec. 621. Additional prosecutors.

      Sec. 622. Gang investigation coordination and information collection.

      Sec. 623. Continuation of Federal-State funding formula.

      Sec. 624. Grants for multijurisdictional drug task forces.

Subtitle C--Grants Under the Juvenile Justice and Delinquency Prevention Act of 1974

      Sec. 631. Juvenile drug trafficking and gang prevention grants.

      Sec. 632. Conforming repealer and amendments.

      Sec. 633. Grants for youth development centers.

Subtitle D--Bindover System for Certain Violent Juveniles

      Sec. 641. Bindover system.

Subtitle E--Federal Prosecutions

      Sec. 651. Prosecution as adults of violent juvenile offenders.

Subtitle F--Youth Handgun Safety

      Sec. 661. Findings and declarations.

      Sec. 662. Prohibition of the possession of a handgun or ammunition by, or the private transfer of a handgun or ammunition to, a juvenile.

      Sec. 663. Prohibition of the sale and transfer for consideration of a handgun or handgun ammunition to a juvenile.

TITLE VII--TERRORISM

Subtitle A--Maritime Navigation and Fixed Platforms

      Sec. 701. Offenses of violence against maritime navigation or fixed platforms.

      Sec. 702. Technical amendment.

      Sec. 703. Effective dates.

Subtitle B--General Provisions

      Sec. 711. Weapons of mass destruction.

      Sec. 712. Enhanced penalties for certain offenses.

      Sec. 713. Territorial sea extending to twelve miles included in special maritime and territorial jurisdiction.

      Sec. 714. Assimilated crimes in extended territorial sea.

      Sec. 715. Jurisdiction over crimes against United States nationals on certain foreign ships.

      Sec. 716. Torture.

      Sec. 717. Extension of the statute of limitations for certain terrorism offenses.

      Sec. 718. FBI access to telephone subscriber information.

      Sec. 719. Violence at airports serving international civil aviation.

      Sec. 720. Preventing acts of terrorism against civilian aviation.

      Sec. 721. Counterfeiting United States currency abroad.

      Sec. 722. Economic terrorism task force.

      Sec. 723. Terrorist Death Penalty Act.

      Sec. 724. Sentencing guidelines increase for terrorist crimes.

      Sec. 725. Alien witness cooperation.

      Sec. 726. Providing material support to terrorists.

TITLE VIII--SEXUAL VIOLENCE AND ABUSE OF CHILDREN, THE ELDERLY, AND INDIVIDUALS WITH DISABILITIES

Subtitle A--Sexual Abuse

      Sec. 801. Sexual abuse amendments.

Subtitle B--Protection of Children, the Elderly, and Individuals With Disabilities

      Sec. 811. Short title.

      Sec. 812. Purposes.

      Sec. 813. Definitions.

      Sec. 814. Reporting by the States.

      Sec. 815. Background checks.

      Sec. 816. Funding for improvement of child abuse crime information.

Subtitle C--Crimes Against Children

      Sec. 821. Short title.

      Sec. 822. Establishment of program.

      Sec. 823. State compliance.

Subtitle D--Child Pornography

      Sec. 824. Penalties for international trafficking in child pornography.

      Sec. 825. Sense of Congress concerning State legislation regarding child pornography.

Subtitle E--Rules of Evidence, Practice and Procedure

      Sec. 831. Admissibility of evidence of similar crimes in sex offense cases.

Subtitle F--Sexually Violent Predators

      Sec. 841. Short title.

      Sec. 842. Findings.

      Sec. 843. Definitions.

      Sec. 844. Establishment of program.

TITLE IX--CRIME VICTIMS

Subtitle A--Victims’ Rights

      Sec. 901. Victim’s right of allocution in sentencing.

      Sec. 902. Mandatory restitution and other provisions.

      Sec. 903. Sense of Congress 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. 911. Amounts of funds for costs and grants.

      Sec. 912. Relationship of crime victim compensation to certain Federal programs.

      Sec. 913. Administrative costs for crime victim compensation.

      Sec. 914. Use of unspent 1402(d)(2) money.

      Sec. 915. Grants for demonstration projects.

      Sec. 916. Administrative costs for crime victim assistance.

      Sec. 917. Maintenance of effort.

Subtitle C--Senior Citizens

      Sec. 921. Short title.

      Sec. 922. Findings.

      Sec. 923. Purposes.

      Sec. 924. National assessment and dissemination.

      Sec. 925. Pilot programs.

      Sec. 926. Training assistance, evaluation, and dissemination awards.

      Sec. 927. Report.

      Sec. 928. Authorization of appropriations.

TITLE X--STATE AND LOCAL LAW ENFORCEMENT

Subtitle A--DNA Identification

      Sec. 1001. Short title.

      Sec. 1002. Funding to improve the quality and availability of DNA analyses for law enforcement identification purposes.

      Sec. 1003. Quality assurance and proficiency testing standards.

      Sec. 1004. Index to facilitate law enforcement exchange of DNA identification information.

      Sec. 1005. Federal Bureau of Investigation.

      Sec. 1006. Authorization of appropriations.

Subtitle B--Department of Justice Community Substance Abuse Prevention

      Sec. 1011. Short title.

      Sec. 1012. Community partnerships.

Subtitle C--Racial and Ethnic Bias Study Grants

      Sec. 1021. Study grants.

Subtitle D--Improved Training and Technical Automation

      Sec. 1031. Improved training and technical automation.

TITLE XI--PROVISIONS RELATING TO POLICE OFFICERS

Subtitle A--Law Enforcement Family Support

      Sec. 1101. Law enforcement family support.

Subtitle B--Police Pattern or Practice

      Sec. 1111. Cause of action.

      Sec. 1112. Data on use of excessive force.

Subtitle C--Police Corps and Law Enforcement Officers Training and Education

Chapter 1--Police Corps

      Sec. 1121. Short title.

      Sec. 1122. Purposes.

      Sec. 1123. Definitions.

      Sec. 1124. Establishment of Office of the Police Corps and Law Enforcement Education.

      Sec. 1125. Designation of lead agency and submission of State plan.

      Sec. 1126. Scholarship assistance.

      Sec. 1127. Selection of participants.

      Sec. 1128. Police Corps training.

      Sec. 1129. Service obligation.

      Sec. 1130. State plan requirements.

      Sec. 1131. Assistance to States and localities employing Police Corps officers.

      Sec. 1132. Authorization of appropriations.

      Sec. 1133. Reports to Congress.

Chapter 2--Law Enforcement Scholarship Program

      Sec. 1141. Short title.

      Sec. 1142. Definitions.

      Sec. 1143. Allotment.

      Sec. 1144. Establishment of program.

      Sec. 1145. Scholarships.

      Sec. 1146. Eligibility.

      Sec. 1147. State application.

      Sec. 1148. Local application.

      Sec. 1149. Scholarship agreement.

      Sec. 1150. Authorization of appropriations.

TITLE XII--DRUG COURT PROGRAMS

      Sec. 1201. Coordinated administration of programs.

      Sec. 1202. Drug testing upon arrest.

      Sec. 1203. Certainty of punishment for young offenders.

      Sec. 1204. Residential substance abuse treatment for prisoners.

TITLE XIII--PRISONS

Subtitle A--Federal Prisons

      Sec. 1301. Prisoner’s place of imprisonment.

      Sec. 1302. Prison impact assessments.

      Sec. 1303. Federal prisoner drug testing.

      Sec. 1304. Drug treatment in Federal prisons.

      Sec. 1305. Sentences to account for costs to the Government of imprisonment, release, and probation.

Subtitle B--State Prisons

      Sec. 1321. Boot camps and prisons for violent drug offenders.

      Sec. 1322. National Institute of Justice study.

      Sec. 1323. Study and assessment of alcohol use and treatment.

      Sec. 1324. Notification of release of prisoners.

      Sec. 1325. Application to prisoners to which prior law applies.

Subtitle C--Grants Under the Juvenile Justice and Delinquency Prevention Act of 1974.

      Sec. 1331. Grants for community-based violent-juvenile facilities.

Subtitle D--Regional Prisons and State Prisons

      Sec. 1341. Regional prisons for violent criminals and violent criminal aliens.

Subtitle E--Violent Crime Reduction Trust Fund.

      Sec. 1351. Purposes.

      Sec. 1352. Reduction of Federal full-time equivalent positions.

      Sec. 1353. Creation of violent crime reduction trust fund.

      Sec. 1354. Conforming reduction in discretionary spending limits.

TITLE XIV--RURAL CRIME

Subtitle A--Drug Trafficking in Rural Areas

      Sec. 1401. Authorizations for rural law enforcement agencies.

      Sec. 1402. Rural crime and drug enforcement task forces.

      Sec. 1403. Cross-designation of Federal officers.

      Sec. 1404. Rural drug enforcement training.

      Sec. 1405. More agents for the drug enforcement administration.

Subtitle B--Drug Free Truck Stops and Safety Rest Areas

      Sec. 1411. Drug free truck stops and safety rest areas.

Subtitle C--Rural Domestic Violence and Child Abuse Enforcement

      Sec. 1421. Rural domestic violence and child abuse enforcement assistance.

TITLE XV--DRUG CONTROL

Subtitle A--Increased Penalties

      Sec. 1501. Enhancement of penalties for drug trafficking in prisons.

      Sec. 1502. Closing of loophole for illegal importation of small drug quantities.

      Sec. 1503. Penalties for drug dealing in public housing authority facilities.

      Sec. 1504. Anabolic steroids penalties.

      Sec. 1505. Increased penalties for drug-dealing in ‘drug-free’ zones.

      Sec. 1506. Enhanced penalties for illegal drug use in Federal prisons.

Subtitle B--Precursor Chemicals Act

      Sec. 1511. Short title.

      Sec. 1512. Definition amendments.

      Sec. 1513. Registration requirements.

      Sec. 1514. Reporting of listed chemical manufacturing.

      Sec. 1515. Reports by brokers and traders; criminal penalties.

      Sec. 1516. Exemption authority; additional penalties.

      Sec. 1517. Amendments to list I.

      Sec. 1518. Elimination of regular supplier status and creation of regular importer status.

      Sec. 1519. Administrative inspections and authority.

      Sec. 1520. Threshold amounts.

      Sec. 1521. Management of listed chemicals.

      Sec. 1522. Forfeiture expansion.

      Sec. 1523. Regulations and effective date.

Subtitle C--General Provisions

      Sec. 1531. Clarification of narcotic or other dangerous drugs under RICO.

      Sec. 1532. Conforming amendments to recidivist penalty provisions of the Controlled Substances Act and the Controlled Substances Import and Export Act.

      Sec. 1533. Program to provide public awareness of the provision of Public Law 101-516 that conditions portions of a State’s Federal highway funding on the State’s enactment of legislation requiring the revocation of the driver’s licenses of convicted drug abusers.

      Sec. 1534. Advertising.

      Sec. 1535. National drug control strategy.

      Sec. 1536. Notification of law enforcement officers of discoveries of controlled substances or large sums of cash in excess of $10,000 in weapon screening.

      Sec. 1537. Drug paraphernalia amendment.

TITLE XVI--DRUNK DRIVING PROVISIONS

      Sec. 1601. Short title.

      Sec. 1602. State laws applied in areas of Federal jurisdiction.

      Sec. 1603. Sense of Congress concerning child custody and visitation rights.

TITLE XVII--COMMISSIONS

Subtitle A--Commission on Crime and Violence

      Sec. 1701. Establishment of Commission on Crime and Violence.

      Sec. 1702. Purpose.

      Sec. 1703. Responsibilities of the Commission.

Subtitle B--National Commission to Study the Causes of the Demand for Drugs in the United States

      Sec. 1711. Short title.

      Sec. 1712. Establishment.

      Sec. 1713. Duties.

      Sec. 1714. Membership.

      Sec. 1715. Staff and support services.

      Sec. 1716. Powers of Commission.

      Sec. 1717. Reports.

      Sec. 1718. Termination.

Subtitle C--National Commission to Support Law Enforcement

      Sec. 1721. Short title.

      Sec. 1722. Congressional findings.

      Sec. 1723. Establishment.

      Sec. 1724. Duties.

      Sec. 1725. Membership.

      Sec. 1726. Experts and consultants.

      Sec. 1727. Powers of Commission.

      Sec. 1728. Report.

      Sec. 1729. Termination.

      Sec. 1730. Repeals.

Subtitle D--Presidential Summit on Violence

      Sec. 1731. Congressional findings.

      Sec. 1732. Presidential summit on violence

Subtitle E--Commission on Violence in Schools

      Sec. 1741. Establishment schools.

      Sec. 1742. Purposes.

      Sec. 1743. Duties.

      Sec. 1744. Membership.

      Sec. 1745. Staff and support services.

      Sec. 1746. Powers of Commission.

      Sec. 1747. Reports.

      Sec. 1748. Termination.

      Sec. 1749. Authorization of appropriations.

TITLE XVIII--BAIL POSTING REPORTING

      Sec. 1801. Short title.

      Sec. 1802. Required reporting by criminal court clerks.

TITLE XIX--MOTOR VEHICLE THEFT PREVENTION

      Sec. 1901. Short title.

      Sec. 1902. Motor vehicle theft prevention program.

      Sec. 1903. Altering or removing motor vehicle identification numbers.

TITLE XX--PROTECTIONS FOR THE ELDERLY

      Sec. 2001. Missing Alzheimer’s disease patient alert program.

      Sec. 2002. Crimes against the elderly.

TITLE XXI--CONSUMER PROTECTION

      Sec. 2101. Crimes by or affecting persons engaged in the business of insurance whose activities affect interstate commerce.

      Sec. 2102. Consumer Protection Against Credit Card Fraud Act of 1993.

      Sec. 2103. Mail fraud.

TITLE XXII--FINANCIAL INSTITUTION FRAUD PROSECUTIONS

      Sec. 2201. Short title.

      Sec. 2202. Federal Deposit Insurance Act amendment.

      Sec. 2203. Federal Credit Union Act amendments.

      Sec. 2204. Crime Control Act amendment.

TITLE XXIII--SAVINGS AND LOAN PROSECUTION TASK FORCE

      Sec. 2301. Savings and loan prosecution task force.

TITLE XXIV--SENTENCING PROVISIONS

      Sec. 2401. Imposition of sentence.

      Sec. 2402. Technical amendment to mandatory conditions of probation.

      Sec. 2403. Supervised release after imprisonment.

      Sec. 2404. Flexibility in application of mandatory minimum sentence provisions in certain circumstances.

      Sec. 2405. Mandatory prison terms for use, possession, or carrying of a firearm or destructive device during a State crime of violence or State drug trafficking crime.

      Sec. 2406. Murder involving firearm.

      Sec. 2407. Mandatory minimum prison sentences for those who sell illegal drugs to minors or who use minors in drug trafficking activities.

      Sec. 2408. Life imprisonment without release for drug felons and violent criminals convicted a third time.

      Sec. 2409. Direction to United States Sentencing Commission regarding sentencing enhancements for hate crimes.

      Sec. 2410. Confirmation of intent of Congress in enacting sections 2252 and 2256 of title 18, United States Code.

TITLE XXV--SENTENCING AND MAGISTRATES AMENDMENTS

      Sec. 2501. Authorization of probation for petty offenses in certain cases.

      Sec. 2502. Trial by a magistrate in petty offense cases.

TITLE XXVI--COMPUTER CRIME

      Sec. 2601. Computer Abuse Amendments Act of 1993.

TITLE XXVII--INTERNATIONAL PARENTAL KIDNAPPING

      Sec. 2701. Short title.

      Sec. 2702. Title 18 amendment.

      Sec. 2703. State court programs regarding interstate and international parental child abduction.

TITLE XXVIII--SAFE SCHOOLS

      Sec. 2801. Short title.

      Sec. 2802. Safe schools.

      Sec. 2803. State leadership activities to promote safe schools program.

TITLE XXIX--MISCELLANEOUS

Subtitle A--Increases in Penalties

      Sec. 2901. Increased penalties for assault.

      Sec. 2902. Increased penalties for manslaughter.

      Sec. 2903. Increased penalties for civil rights violations.

      Sec. 2904. Penalties for trafficking in counterfeit goods and services.

      Sec. 2905. Increased penalty for conspiracy to commit murder for hire.

      Sec. 2906. Increased penalties for travel act violations.

      Sec. 2907. Increased penalties for arson.

Subtitle B--Extension of Protection of Civil Rights Statutes

      Sec. 2911. Extension of protection of civil rights statutes.

Subtitle C--Audit and Report

      Sec. 2921. Audit requirement for State and local law enforcement agencies receiving Federal asset forfeiture funds.

      Sec. 2922. Report to Congress on administrative and contracting expenses.

Subtitle D--Gambling

      Sec. 2931. Criminal history record information for the enforcement of laws relating to gaming.

      Sec. 2932. Clarifying amendment regarding scope of prohibition against gambling on ships in international waters.

Subtitle E--White Collar Crime Amendments

      Sec. 2941. Receiving the proceeds of extortion or kidnapping.

      Sec. 2942. Receiving the proceeds of a postal robbery.

      Sec. 2943. Conforming addition to obstruction of civil investigative demand statute.

      Sec. 2944. Conforming addition of predicate offenses to financial institutions rewards statute.

      Sec. 2945. Definition of savings and loan association in bank robbery statute.

      Sec. 2946. Conforming definition of ‘1-year period’ in 18 U.S.C. 1516.

Subtitle F--Safer Streets and Neighborhoods

      Sec. 2951. Short title.

      Sec. 2952. Limitation on grant distribution.

Subtitle G--Other Provisions

      Sec. 2961. Optional venue for espionage and related offenses.

      Sec. 2962. Undercover operations.

      Sec. 2963. Undercover operations--churning.

      Sec. 2964. Report on battered women’s syndrome.

      Sec. 2965. Wiretaps.

      Sec. 2966. Theft of major artwork.

      Sec. 2967. Balance in the criminal justice system.

      Sec. 2968. Misuse of initials ‘DEA’.

      Sec. 2969. Addition of attempted robbery, kidnapping, smuggling, and property damage offenses to eliminate inconsistencies and gaps in coverage.

      Sec. 2970. Definition of livestock.

      Sec. 2971. Extension of statute of limitations for arson.

      Sec. 2972. Gun-free school zones.

TITLE XXX--TECHNICAL CORRECTIONS

      Sec. 3001. Amendments relating to Federal financial assistance for law enforcement.

      Sec. 3002. General title 18 corrections.

      Sec. 3003. Corrections of erroneous cross references and misdesignations.

      Sec. 3004. Repeal of obsolete provisions in title 18.

      Sec. 3005. Correction of drafting error in the Foreign Corrupt Practices Act.

      Sec. 3006. Elimination of redundant penalty provision in 18 U.S.C. 1116.

      Sec. 3007. Elimination of redundant penalty.

      Sec. 3008. Corrections of misspellings and grammatical errors.

      Sec. 3009. Other technical amendments.

      Sec. 3010. Corrections of errors found during codification.

      Sec. 3011. Problems related to execution of prior amendments.

      Sec. 3012. Amendments to section 1956 of title 18 to eliminate duplicate predicate crimes.

      Sec. 3013. Amendments to part V of title 18.

TITLE XXXI--DRIVER’S PRIVACY PROTECTION ACT

      Sec. 3101. Short title; purpose.

      Sec. 3102. Amendment to title 18, United States Code.

      Sec. 3103. Effective date.

TITLE XXXII--VIOLENCE AGAINST WOMEN; SAFE STREETS FOR WOMEN

      Sec. 3201. Violence against women; short title.

      Sec. 3202. Safe streets for women; short title.

Subtitle A--Federal Penalties for Sex Crimes

      Sec. 3211. Repeat offenders.

      Sec. 3212. Federal penalties.

      Sec. 3213. Mandatory restitution for sex crimes.

      Sec. 3214. Authorization for Federal victim’s counselors.

Subtitle B--Law Enforcement and Prosecution Grants to Reduce Violent Crimes Against Women

      Sec. 3221. Grants to combat violent crimes against women.

Subtitle C--Safety for Women in Public Transit and Public Parks

      Sec. 3231. Grants for capital improvements to prevent crime in public transportation.

      Sec. 3232. Grants for capital improvements to prevent crime in national parks.

      Sec. 3233. Grants for capital improvements to prevent crime in public parks.

Subtitle D--National Commission on Violence Against Women

      Sec. 3241. Establishment.

      Sec. 3242. General purposes of Commission.

      Sec. 3243. Membership.

      Sec. 3244. Commission operations.

      Sec. 3245. Reports.

      Sec. 3246. Executive director and staff.

      Sec. 3247. Powers of Commission.

      Sec. 3248. Authorization of appropriations.

      Sec. 3249. Termination.

Subtitle E--New Evidentiary Rules

      Sec. 3251. Sexual history in all criminal cases.

      Sec. 3252. Sexual history in civil cases.

      Sec. 3253. Amendments to rape shield law.

      Sec. 3254. Evidence of clothing.

Subtitle F--Assistance to Victims of Sexual Assault

      Sec. 3261. Education and prevention grants to reduce sexual assaults against women.

      Sec. 3262. Rape exam payments.

      Sec. 3263. Education and prevention grants to reduce sexual abuse of female runaway, homeless, and street youth.

      Sec. 3264. Victim’s right of allocution in sentencing.

TITLE XXXIII--SAFE HOMES FOR WOMEN

      Sec. 3301. Short title.

Subtitle A--Family Violence Prevention and Services Act Amendments

      Sec. 3311. Grant for a national domestic violence hotline.

Subtitle B--Interstate Enforcement

      Sec. 3321. Interstate enforcement.

Subtitle C--Arrest in Spousal Abuse Cases

      Sec. 3331. Encouraging arrest policies.

Subtitle D--Domestic Violence, Family Support, and Shelter Grants

      Sec. 3341. Domestic violence and family support grant program.

Subtitle E--Family Violence Prevention and Services Act Amendments

      Sec. 3351. Grantee reporting.

Subtitle F--Youth Education and Domestic Violence

      Sec. 3361. Educating youth about domestic violence.

Subtitle G--Confidentiality for Abused Persons

      Sec. 3371. Confidentiality of abused person’s address.

Subtitle H--Technical Amendments

      Sec. 3381. Definitions.

      Sec. 3382. Special issue resource centers.

      Sec. 3383. State domestic violence coalitions.

Subtitle I--Data and Research

      Sec. 3391. Research agenda.

      Sec. 3392. State databases.

      Sec. 3393. Number and cost of injuries.

TITLE XXXIV--CIVIL RIGHTS

      Sec. 3401. Short title.

      Sec. 3402. Civil rights.

      Sec. 3403. Attorney’s fees.

      Sec. 3404. Sense of the Senate concerning protection of the privacy of rape victims.

TITLE XXXV--SAFE CAMPUSES FOR WOMEN

      Sec. 3501. Authorization of appropriations.

TITLE XXXVI--EQUAL JUSTICE FOR WOMEN IN THE COURTS ACT

      Sec. 3601. Short title.

Subtitle A--Education and Training for Judges and Court Personnel in State Courts

      Sec. 3611. Grants authorized.

      Sec. 3612. Training provided by grants.

      Sec. 3613. Cooperation in developing programs in making grants under this title.

      Sec. 3614. Authorization of appropriations.

Subtitle B--Education and Training for Judges and Court Personnel in Federal Courts

      Sec. 3621. Authorizations of circuit studies; education and training grants.

      Sec. 3622. Authorization of appropriations.

TITLE XXXVII--VIOLENCE AGAINST WOMEN ACT IMPROVEMENTS

      Sec. 3701. Pre-trial detention in sex offense cases.

      Sec. 3702. Increased penalties for sex offenses against victims below the age of 16.

      Sec. 3703. Payment of cost of HIV testing.

      Sec. 3704. Extension and strengthening of restitution.

      Sec. 3705. Enforcement of restitution orders through suspension of Federal benefits.

      Sec. 3706. Inadmissibility of evidence to show provocation or invitation by victim in sex offense cases.

      Sec. 3707. National baseline study on campus sexual assault.

      Sec. 3708. Report on battered women’s syndrome.

      Sec. 3709. Report on confidentiality of addresses for victims of domestic violence.

      Sec. 3710. Report on recordkeeping relating to domestic violence.

      Sec. 3711. Report on fair treatment in legal proceedings.

      Sec. 3712. Report on Federal rule of evidence 404.

      Sec. 3713. Supplementary grants for States adopting effective laws relating to sexual violence.

TITLE XXXVIII--ENHANCED PENALTIES FOR ANTI-FRAUD ENFORCEMENT EFFORTS

      Sec. 3801. Short title.

Subtitle A--Amendments to Criminal Law

      Sec. 3811. Health care fraud.

      Sec. 3812. Forfeitures for Federal health care offenses.

      Sec. 3813. Injunctive relief relating to Federal health care offenses.

      Sec. 3814. Racketeering activity relating to Federal health care offenses.

Subtitle B--Amendments to Civil False Claims Act

      Sec. 3821. Amendments to Civil False Claims Act.

TITLE XXXIX--SENIOR CITIZENS AGAINST MARKETING SCAMS

      Sec. 3901. Short title.

      Sec. 3902. Findings and declaration.

      Sec. 3903. Enhanced penalties for telemarketing fraud.

      Sec. 3904. Forfeiture of fraud proceeds.

      Sec. 3905. Increased penalties for fraud against older victims.

      Sec. 3906. Rewards for information leading to prosecution and conviction.

      Sec. 3907. Authorization of appropriations.

      Sec. 3908. Broadening application of mail fraud statute.

      Sec. 3909. Fraud and related activity in connection with access devices.

      Sec. 3910. Information network.

TITLE XL--CHILD SAFETY

      Sec. 4001. Short title.

      Sec. 4002. Findings.

      Sec. 4003. Purpose.

      Sec. 4004. Demonstration grants for supervised visitation centers.

      Sec. 4005. Demonstration grant application.

      Sec. 4006. Evaluation of demonstration projects.

      Sec. 4007. Special grants to study the effect of supervised visitation on sexually abused or severely physically abused children.

      Sec. 4008. Reporting.

      Sec. 4009. Authorization of appropriations.

TITLE XLI--FAMILY UNITY DEMONSTRATION PROJECT

Subtitle A--Family Unity Demonstration Project

      Sec. 4101. Short title.

      Sec. 4102. Findings and purposes.

      Sec. 4103. Definitions.

      Sec. 4104. Authorization of appropriations.

Subtitle B--Grants to States

      Sec. 4111. Authority to make grants.

      Sec. 4112. Eligibility to receive grants.

      Sec. 4113. Report.

Subtitle C--Family Unity Demonstration Project for Federal Prisoners

      Sec. 4121. Authority of the Attorney General.

      Sec. 4122. Requirements.

TITLE XLII--DOMESTIC VIOLENCE

      Sec. 4201. Short title.

      Sec. 4202. Findings.

      Sec. 4203. Prohibition against disposal of firearms to, or receipt of firearms by, persons who have committed domestic abuse.

TITLE XLIII--MISSING AND EXPLOITED CHILDREN

      Sec. 4301. Short title.

      Sec. 4302. Findings.

      Sec. 4303. Purpose.

      Sec. 4304. Establishment of task force.

TITLE XLIV--PUBLIC CORRUPTION

      Sec. 4401. Short title.

      Sec. 4402. Public corruption.

      Sec. 4403. Interstate commerce.

      Sec. 4404. Narcotics-related public corruption.

TITLE XLV--SEMIAUTOMATIC ASSAULT WEAPONS

      Sec. 4501. Short title.

      Sec. 4502. Restriction on manufacture, transfer, and possession of certain semiautomatic assault weapons.

      Sec. 4503. Exemption for firearms lawfully possessed prior to date of enactment.

      Sec. 4504. Exemption for certain hunting and sporting firearms.

      Sec. 4505. Exemptions for governmental and experimental use.

      Sec. 4506. Recordkeeping requirements and related restrictions.

      Sec. 4507. Ban of large capacity ammunition feeding devices.

      Sec. 4508. Study by Attorney General.

      Sec. 4509. Effective date.

      Sec. 4510. Appendix A to section 922 of title 18.

TITLE XLVI--RECREATIONAL HUNTING SAFETY

      Sec. 4601. Short title.

      Sec. 4602. Findings.

      Sec. 4603. Definitions.

      Sec. 4604. Obstruction of a lawful hunt.

      Sec. 4605. Civil penalties.

      Sec. 4606. Other relief.

      Sec. 4607. Relationship to State and local law and civil actions.

      Sec. 4608. Regulations.

TITLE XLVII--CORRECTIONAL JOB TRAINING AND PLACEMENT

      Sec. 4701. Short title.

      Sec. 4702. Correctional job training and placement.

TITLE XLVIII--POLICE PARTNERSHIPS FOR CHILDREN

      Sec. 4801. Short title.

      Sec. 4802. Findings.

      Sec. 4803. Purposes.

      Sec. 4804. Definitions.

      Sec. 4805. Grants authorized.

      Sec. 4806. Applications.

      Sec. 4807. Training and technical assistance.

      Sec. 4808. Evaluation and reports.

      Sec. 4809. Authorization of appropriations.

TITLE XLVIX--NATIONAL COMMUNITY ECONOMIC PARETNERSHIP

      Sec. 4901. Short title.

Subtitle A--Community Economic Partnership Investment Funds

      Sec. 4911. Purpose.

      Sec. 4912. Provision of assistance.

      Sec. 4913. Approval of applications.

      Sec. 4914. Availability of lines of credit and use.

      Sec. 4915. Limitations on use of funds.

      Sec. 4916. Program priority for special emphasis programs.

Subtitle B--Emerging Community Development Corporations

      Sec. 4921. Community Development Corporation improvement grants.

      Sec. 4922. Emerging Community Development Corporation revolving loan funds.

Subtitle C--Miscellaneous Provisions

      Sec. 4931. Definitions.

      Sec. 4932. Authorization of appropriations.

      Sec. 4933. .Prohibition.

TITLE L--DEPORTATION OF ALIENS CONVICTED OF CRIMES

      Sec. 5001. Expansion of definition of aggravated felony.

      Sec. 5002. Deportation procedures for certain criminal aliens who are not permanent residents.

      Sec. 5003. Judicial deportation.

      Sec. 5004. Restricting defenses to deportation for certain criminal aliens.

      Sec. 5005. Enhancing penalties for failing to depart, or reentering, after final order of deportation.

      Sec. 5006. Miscellaneous and technical changes.

      Sec. 5007. Criminal alien tracking center.

TITLE LI--GENERAL PROVISIONS

      Sec. 5101. Crediting of ‘good time’.

      Sec. 5102. Prohibition on payment of Federal benefits to illegal aliens.

      Sec. 5103. Civil Rights of Institutionalized Persons Act

      Sec. 5104. Awards of attorney’s fees.

      Sec. 5105. Task force and criminal penalties relating to the introduction of nonindigenous species.

      Sec. 5106. Sense of the Senate regarding the role of the United Nations in international organized crime control.

      Sec. 5107. Task force on prison construction standardization and techniques.

      Sec. 5108. Report on success of Royal Hong Kong Police recruitment.

      Sec. 5109. Interstate wagering.

      Sec. 5110. Removal of alien terrorists.

      Sec. 5111. Mandatory life imprisonment of persons convicted of a third violent felony.

      Sec. 5112. Efficiency in law enforcement and corrections.

      Sec. 5113. Restriction on payment of benefits to individuals confined by court order to public institutions pursuant to verdicts of not guilty by reason of insanity or other mental disorder.

      Sec. 5114. Definition.

      Sec. 5115. Driving while intoxicated prosecution program.

      Sec. 5116. Parental accountability.

      Sec. 5117. Protection of recipients in counterterrorism rewards program.

      Sec. 5118. Violent crime and drug emergency areas.

      Sec. 5119. State and local cooperation with the United States Immigration and Naturalization Service.

      Sec. 5120. Amendments to the Department of Education Organization Act and the National Literacy Act of 1991.

      Sec. 5121. Prevention, diagnosis, and treatment of tuberculosis in correctional institutions.

      Sec. 5122. Establishment of community programs on domestic violence.

      Sec. 5123. Hate Crimes Statistics Act.

      Sec. 5124. Penalties for document fraud.

      Sec. 5125. Use of antiloitering laws to fight crime.

      Sec. 5126. Victims of child abuse programs.

      Sec. 5127. Law Day U.S.A.

      Sec. 5128. Treatment of Indian tribes under title I of the Omnibus Crime Control and Safe Streets Act of 1968.

      Sec. 5129. Agreement to assist in locating missing children under the Parent Locator Service.

      Sec. 5130. Solicitation of minor to commit crime.

      Sec. 5131. Asylum.

      Sec. 5132. Federal Judiciary.

      Sec. 5133. Control and prevention of crime in Indian country.

      Sec. 5134. Civil statute of limitations for tort actions brought by the RTC.

      Sec. 5135. Awards of Pell Grants to prisoners prohibited.

      Sec. 5136. Transfer of certain alien criminals to Federal facilities.

      Sec. 5137. Federal assistance to ease the increased burdens on State court systems resulting from enactment of this Act.

      Sec. 5138. To improve Federal and State automated fingerprint systems to identify more criminal suspects.

      Sec. 5139. Appropriate remedies for prison overcrowding.

      Sec. 5140. Establishment of community programs on domestic violence.

      Sec. 5141. Sense of the Senate.

      Sec. 5142. Child-centered activities.

      Sec. 5143. Olympic youth development centers.

      Sec. 5144. Authority to release certain confidential information relating to aliens.

      Sec. 5145. Children and youth utilizing Federal land.

      Sec. 5146. Bankruptcy fraud.

      Sec. 5147. Handguns in schools.

      Sec. 5148. Sense of the Senate regarding a study on out-of-wedlock births.

      Sec. 5149. Congressional approval of any expansion at Lorton and congressional hearings on future needs.

      Sec. 5150. National Narcotics Leadership Act.

      Sec. 5151. Supreme Court marshals and police.

      Sec. 5152. Extension of full-time status of members of the United States Sentencing Commission.

      Sec. 5153. Sense of the Senate that able-bodied convicted felons in the Federal prison system work.

      Sec. 5154. First time domestic violence offender rehabilitation program.

      Sec. 5155. Asset forfeiture.

      Sec. 5156. 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. 5157. Extradition.

      Sec. 5158. Expedited deportation for denied asylum applicants.

      Sec. 5159. Improving border controls.

      Sec. 5160. Expanded special deportation proceedings.

      Sec. 5161. Construction of INS service processing centers to detain criminal aliens.

      Sec. 5162. Assistant United States attorney residency.

      Sec. 5163. Gang resistance education and training projects.

      Sec. 5164. Law enforcement personnel.

      Sec. 5165. Review by the Attorney General of Federal prison capacity and construction and operational standards for State and local corrections facilities.

      Sec. 5166. Coordination of substance abuse treatment and prevention programs.

      Sec. 5167. Juvenile anti-drug and anti-gang grants in federally assisted low-income housing.

      Sec. 5168. Definitions.

TITLE I--PUBLIC SAFETY AND POLICING

SEC. 101. SHORT TITLE.

    This title may be cited as the ‘Public Safety Partnership and Community Policing Act of 1993’.

SEC. 102. FINDINGS AND PURPOSES.

    (a) FINDINGS- The Congress finds that--

      (1) according to data compiled by the Federal Bureau of Investigation, in 1961, there was approximately 1 reported violent crime per city police officer, but while from 1961 to 1991 there was no substantial increase in United States cities’ police employment rate, during the same period the number of reported violent crimes per city police officer rose to approximately 4.6 per officer;

      (2) National Crime Survey figures indicate that nearly 5,000,000 households in the United States had at least 1 member who had been a victim of violent crime during 1991;

      (3) these victims of violence experienced more than 6,400,000 crimes of which about one-half were reported to law enforcement authorities;

      (4) community-oriented policing (‘cops on the beat’) enhances communication and cooperation between law enforcement and members of the community;

      (5) such communication and cooperation between law enforcement and members of the community significantly assists in preventing and controlling crime and violence, thus enhancing public safety; and

      (6) while increasing and maintaining police resources and presence in the community are the long-term responsibility of State and local governments, State and local law enforcement agencies are in need of immediate assistance to begin the process of rehiring officers who have been laid off for budgetary reasons and hiring new, additional officers to assist in the implementation of community-oriented policing.

    (b) 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 and local law enforcement agencies in the prevention of crime in the community; and

      (4) encourage the development of new technologies to assist State 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. 103. 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 CITY 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 units of State and local government, and to other public and private entities, 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 AND HIRING GRANT PROJECTS- Grants made under subsection (a) may be used for programs, projects, and other activities to--

      ‘(1) rehire law enforcement officers who have been laid off as a result of State and local budget reductions for deployment in community-oriented policing; and

      ‘(2) hire new, additional career law enforcement officers for deployment in community-oriented policing across the Nation.

    ‘(c) TROOPS-TO-COPS PROGRAMS- (1) 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) 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; and

      ‘(8) develop and establish new administrative and managerial systems to facilitate the adoption of community-oriented policing as an organization-wide philosophy.

    ‘(e) PREFERENTIAL CONSIDERATION OF APPLICATIONS FOR CERTAIN GRANTS- In awarding grants under this part, the Attorney General shall give preferential consideration, where feasible, to applications for hiring and rehiring additional career law enforcement officers that involve--

      (1) a non-Federal contribution exceeding the 25 percent minimum under subsection (i); and

      (2) hiring former members of the Armed Forces to serve as career law enforcement officers under subsection (c).

    ‘(f) TECHNICAL ASSISTANCE- (1) The Attorney General may provide technical assistance to units of State and local government, and to other public and private entities, in furtherance of the purposes of the Public Safety Partnership and Community Policing Act of 1993.

    ‘(2) 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) 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 and supervisors 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 1993.

    ‘(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- Each qualifying State, together with grantees within the State, shall receive in each fiscal year pursuant to subsection (a) not less than 0.6 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 locality’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; and

      ‘(8) if the application is for a grant for hiring or rehiring additional career law enforcement officers--

        ‘(A) specify plans for the assumption by the grantee 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;

        ‘(B) assess the impact, if any, of the increase in police resources on other components of the criminal justice system; and

        ‘(C) 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.

‘SEC. 1703. REVIEW OF APPLICATIONS BY STATE OFFICE.

    ‘(a) IN GENERAL- Except as provided in subsection (c) or (d), an applicant for a grant under this part shall submit an application to the State office designated under section 507 in the State in which the applicant is located for initial review.

    ‘(b) INITIAL REVIEW OF APPLICATION- (1) The State office referred to in subsection (a) shall review applications for grants under this part submitted to it, based upon criteria specified by the Attorney General by regulation or guidelines.

    ‘(2) Upon completion of the reviews required by paragraph (1), the State office referred to in subsection (a) shall determine which, if any, of the applications for grants under this part are most likely to be successful in achieving the purposes of the Public Safety Partnership and Community Policing Act of 1993.

    ‘(3)(A) The State office referred to in subsection (a) shall list the applications for grants under this part in order of their likelihood of achieving the purposes of the Public Safety Partnership and Community Policing Act of 1993 and shall submit the list along with all grant applications and supporting materials received to the Attorney General.

    ‘(B) In making the submission to the Attorney General required by subparagraph (A), the State office referred to in subsection (a) may recommend that a particular application or applications should receive special priority and provide supporting reasons for the recommendation.

    ‘(c) DIRECT APPLICATION TO THE ATTORNEY GENERAL BY CERTAIN MUNICIPALITIES- Notwithstanding subsection (a), municipalities the population of which exceeds 150,000 may submit an application for a grant under this part directly to the Attorney General. In this subsection, ‘municipalities the population of which exceeds 150,000’ means units of local government or law enforcement agencies having jurisdiction over areas with populations exceeding 150,000, and consortia or associations that include one or more such units of local government or law enforcement agencies.

    ‘(d) DIRECT APPLICATION TO THE ATTORNEY GENERAL BY OTHER APPLICANTS- (1) Notwithstanding subsection (a), if a State chooses not to carry out the functions described in subsection (b), an applicant in the State may submit an application for a grant under this part directly to the Attorney General.

    ‘(2) Notwithstanding subsection (a), an applicant that is an Indian tribe or tribal law enforcement agency may submit an application for a grant under this part directly to the Attorney General.

‘SEC. 1704. 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 6 years if it is a grant made for hiring or rehiring additional career law enforcement officers.

‘SEC. 1705. LIMITATION ON USE OF FUNDS.

    ‘(a) NONSUPPLANTING REQUIREMENT- Funds made available under this part to State or local governments or to Indian tribal governments shall not be used to supplant State or local funds, or, in the case of Indian tribes, funds supplied by the Department of the Interior, 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 tribes, from funds supplied by the Department of the Interior.

    ‘(b) ADMINISTRATIVE COSTS- No more than 5 percent of the funds available under this part may be used for the costs of States in carrying out the functions described in section 1703(b) or other administrative costs.

    ‘(c) NON-FEDERAL COSTS- State and local units of government may use assets received through the Assets Forfeiture equitable sharing program to cover the non-Federal portion of programs, projects, and activities funded under this part.

    ‘(d) HIRING COSTS- Annual funding provided under this part for hiring or rehiring a career law enforcement officer may not exceed $50,000, unless the Attorney General grants a waiver from this limitation.

‘SEC. 1706. PERFORMANCE EVALUATION.

    ‘(a) EVALUATION COMPONENTS- Each program, project, or activity funded under this part shall contain an evaluation component, developed pursuant to guidelines established by the Attorney General. The evaluations required by this subsection shall include outcome measures that can be used to determine the effectiveness of the funded programs, projects, and activities. Outcome measures may include crime and victimization indicators, quality of life measures, community perceptions, and police perceptions of their own work.

    ‘(b) PERIODIC REVIEW AND REPORTS- The Attorney General shall review the performance of each grant recipient under this part. The Attorney General may require a grant recipient to submit to the Attorney General the results of the evaluations required under subsection (a) and such other data and information as the Attorney General deems reasonably necessary to carry out the responsibilities under this subsection.

‘SEC. 1707. REVOCATION OR SUSPENSION OF FUNDING.

    ‘If the Attorney General determines, as a result of the reviews required by section 1706, 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. 1708. 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. 1709. GENERAL REGULATORY AUTHORITY.

    ‘The Attorney General may promulgate regulations and guidelines to carry out this part.

‘SEC. 1710. DEFINITIONS.

    ‘In this part--

      ‘ ‘Career law enforcement officers’ means a person hired on a permanent basis who is authorized by law or by a State or local public agency to engage in or supervise the prevention, detection, or investigation of violations of criminal laws.

      ‘ ‘Citizens police academy’ means a program by local law enforcement agencies or private non profit organizations in which citizens, especially those who participate in neighborhood watch programs, are given training in police policy and procedure, criminal law, the legal system, crime awareness, personal safety measures, and ways of facilitating communication between the community and local law enforcement in the prevention of crime.’ ’.

    (b) TECHNICAL AMENDMENT- The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711, et seq.) is amended by striking the item relating to part Q and inserting the following:

‘Part Q--Public Safety and Community Policing; ‘Cops on the Beat’

      ‘Sec. 1701. Authority to make public safety and community policing grants.

      ‘Sec. 1702. Applications.

      ‘Sec. 1703. Review of applications by State office.

      ‘Sec. 1704. Renewal of grants.

      ‘Sec. 1705. Limitation on use of funds.

      ‘Sec. 1706. Performance evaluation.

      ‘Sec. 1707. Revocation or suspension of funding.

      ‘Sec. 1708. Access to documents.

      ‘Sec. 1709. General regulatory authority.

      ‘Sec. 1710. Definition.

‘Part R--Transition; Effective Date; Repealer

      ‘Sec. 1801. Continuation of rules, authorities, and proceedings.’.

    (c) AUTHORIZATION OF APPROPRIATIONS- Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793) is amended--

      (1) in paragraph (3) by striking ‘and O’ and inserting ‘O, P, and Q’; and

      (2) by adding at the end the following new paragraph:

    ‘(11)(A) There are authorized to be appropriated to carry out part Q, to remain available until expended--

      ‘(i) $1,035,000,000 for fiscal year 1994;

      ‘(ii) $1,720,000,000 for fiscal year 1995;

      ‘(iii) $2,070,000,000 for fiscal year 1996;

      ‘(iv) $2,270,000,000 for fiscal year 1997; and

      ‘(v) $1,900,000,000 for fiscal year 1998.

      ‘(B) Of funds available under part Q in any fiscal year, up to 5 percent may be used for technical assistance under section 1701(e) or for evaluations or studies carried out or commissioned by the Attorney General in furtherance of the purposes of part Q, and up to 5 percent may be used for the costs of States in carrying out the functions described in section 1703(b) or other administrative costs. Of the remaining funds, 60 percent shall be allocated for grants pursuant to applications submitted as provided in section 1703(a) or (d), and 40 percent shall be allocated for grants pursuant to applications submitted as provided in section 1703(c). Of the funds available in relation to grants pursuant to applications submitted as provided in section 1703(a) or (d), 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. Of the funds available in relation to grants pursuant to applications submitted as provided in section 1703(c), 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 in Indian country, an appropriate amount of funds available under part Q shall be made available for grants to Indian tribes or tribal law enforcement agencies.

      ‘(C) Of the amounts available to be expended for the Voilent Crime Reduction Trust Fund, $75,000,000 is authorized to be expended to constitute an Ounce of Prevention Fund, to be administered as follows and for the following purposes:

        ‘(i) The Ounce of Prevention Fund shall be for the purpose of encouraging and supporting the healthy development and nurturance of children and youth in order to promote successful transition into adulthood and for preventing violent crime through substance abuse treatment and prevention.

        ‘(ii) Activities to be supported by the Ounce of Prevention Fund include--

          ‘(I) after school and summer academic enrichment and recreation conducted in safe and secure settings and coordinated with school curricula and programs, mentoring and tutoring and other activities involving extensive participation of adult role models, activities directed at facilitating familiarity with the labor market and ultimate successful transition into the labor market; and

          ‘(II) substance abuse treatment and prevention program authorized in the Public Health Service Act including outreach programs for at-risk families.

        ‘(iii) Except for substance abuse treatment and prevention programs, the children and youth to be served by Ounce of Prevention programs shall be of ages appropriate for attendance at elementary and secondary schools. 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 the lives of such children and youth. The Ounce of Prevention Council created herein shall define more precise statistical and numerical parameters for target areas, numbers of children to be served, and substantially of impact of activities to be undertaken.

        ‘(iv) Applicants may be cities, counties, or other municipalities, school boards, colleges and universities, nonprofit corporations, 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, as well as 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. The Ounce of Prevention Council shall set forth guidelines elaborating these provisions.

        ‘(v) The Ounce of Prevention Council shall be chaired by the Attorney General and the Secretaries of Education and Health and Human Services, and shall include the Secretaries of Agriculture, Housing and Urban Development, and Labor, and the Director of the Office of National Drug Control Policy. Such sums as shall be necessary shall be appropriated for staff of the Ounce of Prevention Council, which will be headed by a Director chosen by the Council. The Council shall make grant awards under this program and develop appropriate guidelines for the grant application process.

        ‘(vi) The portion of the costs of a program, project, or activity provided by a grant under the Ounce of Prevention Fund may not exceed 75 percent, unless the Ounce of Prevention Council waives, wholly or in part, the requirement under this subsection of a non-Federal contribution to the costs of a program, project, or activity. Grants may be renewed for up to 4 additional years after the first fiscal year during which a recipient receives an initial grant, provided the Council is satisfied that adequate progress is being made toward fulfillment of proposal goals. The provision of section 1705(a) concerning nonsupplantation, section 1705(b) concerning limits on administrative costs, section 1706 concerning performance evaluation, and section 1707 concerning revocation or suspension of funding shall apply to the program created by this subparagraph.’.

TITLE II--DEATH PENALTY

SEC. 201. SHORT TITLE.

    This title may be cited as the ‘Federal Death Penalty Act of 1993’.

SEC. 202. 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;

      ‘(2) an offense described in section 1751(c), if the offense, as determined beyond a reasonable doubt at the hearing under section 3593, constitutes an attempt to intentionally kill the President of the United States and results in bodily injury to the President or comes dangerously close to causing the death of the President; or

      ‘(3) 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, 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);

      ‘(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 knowlingly 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;

      ‘(3) an offense constituting a felony violation of 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.), where the defendant, intending to cause death or acting with reckless disregard for human life, engages in such a violation, and the death of another person results in the course of the violation or from the use of the controlled substance involved in the violation;

    shall be sentenced to death if, after consideration of the factors set forth in section 3592, including the aggravating factors set forth at subsection (c) below, 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.

    ‘(c) AGGRAVATING FACTORS FOR DRUG OFFENSE DEATH PENALTY- In determining whether a sentence of death is justified for an offense described in subsection (b) above, the jury, or if there is no jury, the court, shall consider each of the following aggravating factors 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. 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(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 AND FOR ATTEMPTED MURDER OF THE PRESIDENT- In determining whether a sentence of death is justified for an offense described in section 3591 (2) or (3), 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 902 (i) or (n) of the Federal Aviation Act of 1958 (49 U.S.C. 1472 (i) or (n)) (aircraft piracy).

      ‘(2) INVOLVEMENT OF FIREARM OR 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--

        ‘(A) during and in relation to the commission of the offense or in escaping or attempting to escape apprehension used or possessed a firearm (as defined in section 921); or

        ‘(B) 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.

    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. 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(1), an aggravating factor required to be considered under section 3592(b) is found to exist; or

      ‘(2) an offense described in section 3591 (2) or (3), an aggravating factor required to be considered under section 3592(c) 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. 203. 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 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) PRESIDENTIAL ASSASSINATIONS- Subsection (c) of section 1751 of title 18, United States Code, is amended to read as follows:

    ‘(c) Whoever attempts to kill or kidnap any individual designated in subsection (a) of this section, shall be punished--

      ‘(1) by imprisonment for any term of years or for life; or

      ‘(2) if the conduct constitutes an attempt to intentionally kill the President of the United States and results in bodily injury to the President or otherwise comes dangerously close to causing the death of the President, by death or imprisonment for any term of years or for life.’.

      (9) 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.

      (10) 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’.

      (11) 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’.

      (12) 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’.

      (13) 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;’.

      (14) 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;’.

      (15) 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,’.

    (b) CONFORMING AMENDMENT TO FEDERAL AVIATION ACT OF 1954- Section 903 of the Federal Aviation Act of 1958 (49 U.S.C. 1473) is amended by striking subsection (c).

SEC. 204. 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. 205. 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 by 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. 206. 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. 207. DEATH PENALTY FOR THE MURDER OF FEDERAL LAW ENFORCEMENT OFFICIALS.

    Section 1114(a) 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, by a sentence of death or life imprisonment as provided under section 1111, or, in the case of manslaughter, a sentence as provided under section 1112.’.

SEC. 208. 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 1993’.

    (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); and

      ‘(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. 209. FOREIGN MURDER OF UNITED STATES NATIONALS.

    (a) IN GENERAL- Chapter 51 of title 18, United States Code, is amended by adding at the end the following new section:

‘Sec. 1118. 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 1118’.

    (2) The chapter analysis for chapter 51 of title 18, United States Code, is amended by adding at the end the following new item:

      ‘1118. Foreign murder of United States nationals.’.

SEC. 210. 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. 211. 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. 212. MURDER BY ESCAPED PRISONERS.

    (a) IN GENERAL- Chapter 51 of title 18, United States Code, as amended by section 109(a), is amended by adding at the end the following new section:

‘Sec. 1119. 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 109(b)(2), is amended by adding at the end the following new item:

      ‘1119. Murder by escaped prisoners.’.

SEC. 213. 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. 214. 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. 215. MURDER IN COURSE OF ALIEN SMUGGLING.

    Section 274(a) of the Immigration and Naturalization Act (8 U.S.C. 1324) is amended by inserting before the period at the end the following: ‘: Provided further, That if during and in relation to an offense described in paragraph (1) the person causes serious bodily injury to, or places in jeopardy the life of, any alien, such person shall be subject to a term of imprisonment of not more than 20 years, and if the death of any alien results, shall be punished by death or imprisoned for any term of years or for life.’.

TITLE III--FIREARMS

Subtitle A--Restraining Orders

SEC. 301. PERSONS SUBJECT TO RESTRAINING ORDERS.

    (a) Section 922(d) of title 18, United States Code, is amended--

      (1) by striking ‘or’ at the end of paragraph (6);

      (2) by adding ‘or’ at the end of paragraph (7); and

      (3) by adding after paragraph (7) the following new paragraph:

      ‘(8)(A) is subject to an order, issued by a Federal or State court after a hearing about which that person received actual notice and at which that person had the opportunity to participate, restraining that person from harassing, stalking, threatening, or engaging in other such conduct that would place another person in fear of bodily injury or the effect of which conduct would be to place a reasonable person in fear of bodily injury; and

      ‘(B) whom the court issuing the order finds under this subsection to represent a credible threat to the physical safety of that other person;’.

    (b) Section 922(g) of title 18, United States Code, is amended--

      (1) by striking ‘or’ at the end of paragraph (6);

      (2) by adding ‘or’ at the end of paragraph (7); and

      (3) by adding after paragraph (7) the following new paragraph:

      ‘(8)(A) who is subject to an order, issued by a Federal or State court after a hearing about which that person received actual notice and at which that person had the opportunity to participate, restraining that person from harassing, stalking, threatening, or engaging in other such conduct that would place another person in fear of bodily injury or the effect of which conduct would be to place a reasonable person in fear of bodily injury; and

      ‘(B) whom the court issuing the order finds under this subsection to represent a credible threat to the physical safety of that other person;’.

    (c) Section 926(a) of title 18, United States Code, is amended--

      (1) by striking ‘and’ at the end of paragraph (1);

      (2) by replacing ‘.’ with ‘; and’ at the end of paragraph (2); and

      (3) by adding after paragraph (a)(2) the following new paragraph:

      ‘(3) regulations providing for effective receipt and secure storage of firearms relinquished by or seized from persons described in section 922(d)(8) or 922(g)(8).’.

    (d) Section 924(d)(1) of title 18, United States Code, is amended--

      (1) by striking all between ‘trial,’ and ‘firearms’ and inserting the following: ‘or lapse of or court termination of the restraining order to which he is subject, the seized or relinquished’.

Subtitle B--Licensure

SEC. 311. 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. 312. 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. 313. 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. 314. 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 insuring 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. 315. 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. 316. RESPONSES TO REQUESTS FOR INFORMATION.

    Section 923(g) of title 18, United States Code, as amended by section 215, 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. 317. 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.’.

TITLE IV--GUN CRIME PENALTIES

SEC. 401. 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. 402. 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. 403. SMUGGLING FIREARMS IN AID OF DRUG TRAFFICKING.

    Section 924 of title 18, United States Code, as amended by section 213, 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. 404. THEFT OF FIREARMS AND EXPLOSIVES.

    (a) FIREARMS- Section 924 of title 18, United States Code, as amended by section 403(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. 405. REVOCATION OF SUPERVISED RELEASE.

    Section 3583 of title 18, United States Code, is amended by striking subsection (g) and inserting the following:

    ‘(g) MANDATORY REVOCATION FOR POSSESSION OF CONTROLLED SUBSTANCE OR FIREARM OR FOR REFUSAL TO COOPERATE 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 cooperate in 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).’.

SEC. 406. REVOCATION OF PROBATION.

    (a) CONTINUATION OR REVOCATION- 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 FOR REFUSAL TO COOPERATE 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 defined in section 921) in violation of Federal law or otherwise violates a condition of probation prohibiting the defendant from possessing a firearm; or

      ‘(3) refuses to cooperate in drug testing in violation of the condition imposed under subsection (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. 407. 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 paragraph (a)(1)(B) by striking ‘(a)(6),’; and

      (2) in subsection (a)(2) by inserting ‘(a)(6),’ after ‘subsections’.

SEC. 408. 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. 409. 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. 410. ELIMINATION OF OUTMODED LANGUAGE RELATING TO PAROLE.

    (a) SECTION (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. 411. 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. 412. 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. 413. 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. 414. 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. 415. FIREARMS AND EXPLOSIVES CONSPIRACY.

    (a) FIREARMS- Section 924 of title 18, United States Code, as amended by section 404(a), is amended by adding at the end the following new subsection:

    ‘(l) A person who conspires to commit any offense under this chapter shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy, except that--

      ‘(1) in the case of a conspiracy to commit an offense under subsection (c) of this section, the authorized term of imprisonment shall be any term of years not exceeding 20; and

      ‘(2) if the firearm is a machinegun or destructive device, or is equipped with a firearm silencer or muffler, the authorized term of imprisonment shall be any term of years or life.’.

    (b) EXPLOSIVES- Section 844 of title 18, United States Code, as amended by section 404(b), is amended by adding at the end the following new subsection:

    ‘(l) A person who conspires to commit any offense under this chapter shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy, except that in the case of a conspiracy to commit an offense under subsection (h) of this section, the authorized term of imprisonment shall be any term of years not exceeding 20.

SEC. 416. STUDY OF INCENDIARY AMMUNITION; REPORT TO CONGRESS.

    (a) STUDY- The Secretary of the Treasury shall conduct a study of the incendiary ammunition offered for sale under the brand name ‘Dragon’s Breath’ and also known as the ‘Three Second Flame Thrower’, and all incendiary ammunition of similar function or effect, for the purpose of determining whether there is a reasonable sporting use for such ammunition and whether there is a reasonable use for such ammunition in law enforcement.

    (b) REPORT TO THE CONGRESS- Not later than 1 year after the date of enactment of this Act, the Secretary of the Treasury shall submit to the Committee on the Judiciary of the House of Representatives a report containing the results of the study required by subsection (a) and recommendations for such legislative or administrative action, with respect to the ammunition referred to in subsection (a), as the Secretary deems appropriate.

SEC. 417. THEFT OF FIREARMS OR EXPLOSIVES FROM LICENSEE.

    (a) FIREARMS- Section 924 of title 18, United States Code, as amended by section 415(a), is amended by adding at the end the following new subsection:

    ‘(m) 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 415(b), is amended by adding at the end the following new subsection:

    ‘(m) 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. 418. DISPOSING OF EXPLOSIVES TO PROHIBITED PERSONS.

    Section 842(d) of title 18, United States Code, is amended by striking ‘licensee’ and inserting ‘person’.

SEC. 419. CLARIFICATION OF ‘BURGLARY’ UNDER THE ARMED CAREER CRIMINAL STATUTE.

    Section 924(e)(2) of title 18, United States Code, is amended--

      (1) by striking ‘and’ at the end of subparagraph (B)(ii);

      (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) the term ‘burglary’ means any crime punishable by a term of imprisonment exceeding 1 year and consisting of entering or remaining surreptitiously within a building that is the property of another with intent to engage in conduct constituting a Federal or State offense.’.

SEC. 420. INCREASED PENALTY FOR INTERSTATE GUN TRAFFICKING.

    Section 924 of title 18, United States Code, as amended by section 417(a), is amended by adding at the end the following new subsection:

    ‘(n) 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.’.

TITLE V--OBSTRUCTION OF JUSTICE

SEC. 501. 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; and

      ‘(3) in any other case, imprisonment for not more than 10 years.’; and

      (4) in subsection (a), as designated by paragraph (1), by striking ‘commissioner’ each place it appears and inserting ‘magistrate judge’.

SEC. 502. 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) 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 given by a person to a law enforcement officer; 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. 503. 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. 504. DEATH PENALTY FOR THE MURDER OF STATE OFFICIALS ASSISTING FEDERAL LAW ENFORCEMENT OFFICIALS.

    (a) IN GENERAL- Chapter 51 of title 18, United States Code, as amended by section 112(a), is amended by adding at the end the following new section:

‘ 1120. Killing persons aiding Federal investigations

    ‘A person who 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 as provided in section 1111, including by sentence of death or by imprisonment for life.’.

    (b) TECHNICAL AMENDMENT- The chapter analysis for chapter 51 of title 18, United States Code, as amended by section 112(b), is amended by adding at the end the following new item:

      ‘1120. Killing persons aiding Federal investigations.’.

SEC. 505. 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;’.

TITLE VI--GANGS, JUVENILES, DRUGS, AND PROSECUTORS

SEC. 601. SHORT TITLE.

    This title may be cited as the ‘Anti-Gang and Youth Protection Act of 1993’.

Subtitle A--Criminal Youth Gangs

SEC. 611. CRIMINAL STREET GANGS OFFENSES.

    (a) OFFENSE- Title 18, United States Code, is amended by inserting after chapter 93 the following new chapter:

‘CHAPTER 94--PROHIBITED PARTICIPATION IN CRIMINAL STREET GANGS AND GANG CRIME

      ‘Sec.

      ‘1930. Crimes in furtherance of gangs.

      ‘1931. Prohibited activity.

      ‘1932. Penalties.

      ‘1933. Joinder.

‘Sec. 1930. Crimes in furtherance of gangs

    ‘(a) FINDINGS- The Congress makes the following findings:

      ‘(1) Criminal street gangs have become increasingly prevalent and entrenched in our society in the last several decades. In many areas of the country, these gangs exert considerable control over other members of their community, particularly through the use of violence and drugs. Criminal street gangs have also become more national in scope, extending their influence beyond the urban areas in which they originated.

      ‘(2) The major activities of criminal street gangs are crimes of violence and the distribution and use of illegal drugs. It is through these activities that criminal street gangs directly affect interstate and foreign commerce, even when their particular activities, viewed in isolation, appear to be purely intrastate in character.

    ‘(b) BASIS FOR CHAPTER- On the basis of the findings stated in subsection (a), the Congress determines that the provisions of this chapter are necessary and proper for the purpose of carrying into execution the powers of Congress to regulate commerce and to establish criminal law.

‘Sec. 1931. Prohibited activity

    ‘(a) DEFINITIONS- In this chapter--

      ‘criminal street gang’ means an organization or group of 5 or more persons, whether formal or informal, who act in concert, or agree to act in concert, for a period in excess of 30 days, with a purpose that any of those persons alone, or in any combination, commit or will commit, 2 or more predicate gang crimes, 1 of which must occur after the date of enactment of this chapter and the last of which occurred within 10 years (excluding any period of imprisonment) after the commission of a prior predicate gang crime.

      ‘participate in a criminal street gang’ means to act in concert with a criminal street gang with intent to commit, or with the intent that any other person associated with the criminal street gang will commit, 1 or more predicate gang crimes.

      ‘predicate gang crime’ means--

        ‘(A) any act or threat, or attempted act or threat, which is chargeable under Federal or State law and punishable by imprisonment for more than 1 year, involving murder, attempted murder, voluntary manslaughter, kidnapping, robbery, extortion, arson, obstruction of justice, tampering with or retaliating against a witness, victim, or informant, or manufacturing, importing, receiving, concealing, purchasing, selling, possessing, or otherwise dealing in a controlled substance or controlled substance analogue (as those terms are defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));

        ‘(B) any act punishable by imprisonment for more than 1 year under section 922 or 924 (a)(2), (b), (c), (g), or (h) (relating to receipt, possession, and transfer of firearms), section 1503 (relating to obstruction of justice), section 1510 (relating to obstruction of criminal investigations), section 1512 (relating to tampering with a witness, victim, or informant), or section 1513 (relating to retaliating against a witness, victim, or informant); or

        ‘(C) any act punishable under subsection (b)(5).

      ‘State’ means a State, the District of Columbia, and any commonwealth, territory, or possession of the United States.

    ‘(b) UNLAWFUL ACTS- It shall be unlawful--

      ‘(1) to commit, or to attempt to commit, a predicate gang crime with intent to promote or further the activities of a criminal street gang or for the purpose of gaining entrance to or maintaining or increasing position in such a gang;

      ‘(2) to participate, or attempt to participate, in a criminal street gang, or conspire to do so;

      ‘(3) to command, counsel, persuade, induce, entice, or coerce any individual to participate in a criminal street gang;

      ‘(4) to employ, use, command, counsel, persuade, induce, entice, or coerce any individual to commit, cause to commit, or facilitate the commission of, a predicate gang crime, with intent to promote the activities of a criminal street gang or for the purpose of gaining entrance to or maintaining or increasing position in such a gang; or

      ‘(5) to use any communication facility, as defined in section 403(b) of the Controlled Substances act (21 U.S.C. 843(b)), in causing or facilitating the commission, or attempted commission, of a predicate gang crime with intent to promote or further the activities of a criminal street gang or for the purpose of gaining entrance to or maintaining or increasing position in such a gang. Each separate use of a communication facility shall be a separate offense under this subsection.

‘Sec. 1932. Penalties

    ‘(a) PENALTIES OF UP TO 20 YEARS OR LIFE IMPRISONMENT- A person who violates section 1931(b) (1) or (2) shall be punished by imprisonment for not more than 20 years, or by imprisonment for any term of years or for life if the violation is based on a predicate gang crime for which the maximum penalty includes life imprisonment, and if a person commits such a violation after 1 or more prior convictions for such a predicate gang crime, that is not part of the instant violation, such person shall be sentenced to a term of imprisonment which shall not be less than 10 years and which may be for any term of years exceeding 10 years or for life.

    ‘(b) PENALTIES BETWEEN 5 AND 10 YEARS- A person who violates section 1931(b) (3) or (4) shall be sentenced to imprisonment for not less than 5 nor more than 10 years, and if a person who was the subject of the act was less than 18 years of age, to imprisonment for 10 years. A term of imprisonment under this subsection shall run consecutively to any other term of imprisonment, including that imposed for any other violation of this chapter.

    ‘(c) PENALTIES OF UP TO 5 YEARS- A person who violates section 1931(b)(5) shall be punished by imprisonment for not more than 5 years.

    ‘(d) ADDITIONAL PENALTIES-

      ‘(1) IN GENERAL- In addition to the other penalties authorized by this section--

        ‘(A) a person who violates section 1931(b) (1) or (2), 1 of whose predicate gang crimes involves murder or conspiracy to commit murder which results in the taking of a life, and who commits, counsels, commands, induces, procures, or causes that murder, shall be punished by death or by imprisonment for life;

        ‘(B) a person who violates section 1931(b) (1) or (2), 1 of whose predicate gang crimes involves attempted murder or conspiracy to commit murder, shall be sentenced to a term of imprisonment which shall not be less than 20 years and which may be for any term of years exceeding 20 years or for life; and

        ‘(C) a person who violates section 1931(b) (1) or (2), and who at the time of the offense occupied a position of organizer or supervisor, or other position of management in that street gang, shall be sentenced to a term of imprisonment which shall not be less than 15 years and which may be for any term of years exceeding 15 years or for life.

      ‘(2) PRESUMPTION- For purposes of paragraph (1)(C), if it is shown that the defendant counseled, commanded, induced, or procured 5 or more individuals to participate in a street gang, there shall be a rebuttable presumption that the defendant occupied a position of organizer, supervisor, or other position of management in the gang.

    ‘(e) FORFEITURE-

      ‘(1) IN GENERAL- A person who violates section 1931(b) (1) or (2) shall, in addition to any other penalty and irrespective of any provision of State law, forfeit to the United States--

        ‘(A) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as a result of the violation; and

        ‘(B) any property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, the violation.

      ‘(2) APPLICATION OF CONTROLLED SUBSTANCES ACT- Section 413 (b), (c), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (o), and (p) of the Controlled Substances Act (21 U.S.C. 853 (b), (c), and (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (o), and (p)) shall apply to a forfeiture under this section.

‘Sec. 1933. Joinder

    ‘In a prosecution of an offense under this chapter charging a conspiracy to commit an offense, the trial of all of the alleged conspirators shall be joined in a single district court, and a motion to transfer shall not be granted unless the interest of justice so requires.’;

    (b) TECHNICAL AMENDMENT- The part analysis for part I of title 18, United States Code, is amended by inserting after the item for chapter 93 the following new item:

1930’.

    (c) SENTENCING GUIDELINES INCREASE FOR GANG CRIMES- (1) The United States Sentencing Commission shall at the earliest opportunity amend the sentencing guidelines to increase by at least 4 levels the base offense level for any felony committed for the purpose of gaining entrance into, or maintaining or increasing position in, a criminal street gang. For purposes of this subsection, ‘criminal street gang’ means any organization, or group, of 5 or more individuals, whether formal or informal, who act in concert, or agree to act in concert, for a period in excess of 30 days, with the intent that any of those individuals alone, or in any combination, commit or will commit, 2 or more acts punishable under State or Federal law by imprisonment for more than 1 year.

    (2) The United States Sentencing Commission shall review and, if necessary, amend its sentencing guidelines to provide that activity of a defendant as an organizer or leader of a criminal street gang shall be an aggravating factor in determining a sentence for an offense under chapter 26 of title 18, United States Code.

SEC. 612. CRIMES INVOLVING THE USE OF MINORS AS RICO PREDICATES.

    Section 1961(1) of title 18, United States Code, is amended--

      (1) by striking ‘or’ before ‘(E)’; and

      (2) by inserting before the semicolon at the end of the paragraph the following: ‘, or (F) any offense against the United States that is punishable by imprisonment for more than 1 year and that involved the use of a person below the age of 18 years in the commission of the offense’.

SEC. 613. SERIOUS JUVENILE DRUG OFFENSES AS ARMED CAREER CRIMINAL ACT PREDICATES.

    Section 924(e)(2)(A) of title 18, United States Code, is amended--

      (1) by striking ‘or’ at the end of clause (i);

      (2) by striking ‘and’ at the end of clause (ii) and inserting ‘or’; and

      (3) by adding at the end the following:

          ‘(iii) any act of juvenile delinquency that if committed by an adult would be a serious drug offense described in this paragraph; and’.

SEC. 614. ADULT PROSECUTION OF SERIOUS JUVENILE OFFENDERS.

    Section 5032 of title 18, United States Code, is amended--

      (1) in the first undesignated paragraph--

        (A) by striking ‘an offense described in section 401 of the Controlled Substances Act (21 U.S.C 841), or section 1002(a), 1003, 1005, 1009, or 1010(b)(1), (2), or (3) of the Controlled Substances Import and Export Act (21 U.S.C. 952(a), 953, 955, 959, 960(b)(1), (2), (3)),’ and inserting ‘an offense (or a conspiracy or attempt to commit an offense) described in section 401, or 404 (insofar as the violation involves more than 5 grams of a mixture or substance which contains cocaine base), of the Controlled Substances Act (21 U.S.C. 841, 844, or 846), section 1002(a), 1003, 1005, 1009, 1010(b)(1), (2), or (3), of the Controlled Substances Import and Export Act (21 U.S.C. 952(a), 953, 955, 959, 960(b)(1), (2), or (3), or 963),’; and

        (B) by striking ‘922(p)’ and inserting ‘924(b), (g), or (h)’;

      (2) in the fourth undesignated paragraph--

        (A) by striking ‘an offense described in section 401 of the Controlled Substances Act (21 U.S.C. 841), or section 1002(a), 1005, or 1009 of the Controlled Substances Import and Export Act (21 U.S.C. 952(a), 955, 959)’ and inserting ‘an offense (or a conspiracy or attempt to commit an offense) described in section 401, or 404 (insofar as the violation involves more than 5 grams of a mixture or substance which contains cocaine base), of the Controlled Substances Act (21 U.S.C. 841, 844, or 846), section 1002(a), 1005, 1009, 1010(b)(1), (2), or (3), of the Controlled Substances Import and Export Act (21 U.S.C. 952(a), 955, 959, 960(b)(1), (2), or (3), or 963), or section 924(b), (g), or (h) of this title,’; and

        (B) by striking ‘subsection (b)(1)(A), (B), or (C), (d), or (e) of section 401 of the Controlled Substances Act, or section 1002(a), 1003, 1009, or 1010(b)(1), (2), or (3) of the Controlled Substances Import and Export Act (21 U.S.C. 952(a), 953, 959, 960(b)(1), (2), (3))’ and inserting ‘or an offense (or conspiracy or attempt to commit an offense) described in section 401(b)(1)(A), (B), or (C), (d), or (e), or 404 (insofar as the violation involves more than 5 grams of a mixture or substance which contains cocaine base), of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A), (B), or (C), (d), or (e), 844, or 846) or section 1002(a), 1003, 1009, 1010(b)(1), (2), or (3) of the Controlled Substances Import and Export Act (21 U.S.C. 952(a), 953, 959, 960(b)(1), (2), or (3), or 963)’; 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 heavily in favor of a transfer to adult status, but the absence of this factor shall not preclude such a transfer.’.

SEC. 615. 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 18 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. 616. 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. 617. 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. 618. AMENDMENTS CONCERNING RECORDS OF CRIMES COMMITTED BY JUVENILES.

    (a) Section 5038 of title 18, United States Code, is amended by striking subsections (d) and (f), redesignating subsection (e) as subsection (d), and by adding at the end new subsections (e) and (f) as follows:

    ‘(e) Whenever a juvenile has been found guilty of committing an act which if committed by an adult would be an offense described in clause (3) of the first paragraph of section 5032 of this title, the juvenile shall be fingerprinted and photographed, and the fingerprints and photograph shall be sent to the Federal Bureau of Investigation, Identification Division. The court shall also transmit to the Federal Bureau of Investigation, Identification Division, the information concerning the adjudication, including name, date of adjudication, court, offenses, and sentence, along with the notation that the matter was a juvenile adjudication. The fingerprints, photograph, and other records and information relating to a juvenile described in this subsection, or to a juvenile who is prosecuted as an adult, shall be made available in the manner applicable to adult defendants.

    ‘(f) In addition to any other authorization under this section for the reporting, retention, disclosure, or availability of records or information, if the law of the State in which a Federal juvenile delinquency proceeding takes place permits or requires the reporting, retention, disclosure, or availability of records or information relating to a juvenile or to a juvenile delinquency proceeding or adjudication in certain circumstances, then such reporting, retention, disclosure, or availability is permitted under this section whenever the same circumstances exist.’.

    (b) Section 3607 of title 18, United States Code, is repealed, and the corresponding item in the chapter analysis for chapter 229 of title 18 is deleted.

    (c) Section 401(b)(4) of the Controlled Substances Act (21 U.S.C. 841(b)(4)) is amended by striking ‘and section 3607 of title 18’.

SEC. 619. 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) is amended--

      (1) in paragraph (20) by striking ‘and’ at the end;

      (2) in paragraph (21) by striking the period and inserting ‘; and’; and

      (3) by inserting after paragraph (21) the following new paragraph:

      ‘(22) law enforcement and prevention programs relating to gangs, or to youth who are involved or at risk of involvement in gangs.’.

Subtitle B--Gang Prosecution

SEC. 621. ADDITIONAL PROSECUTORS.

    There is authorized to be appropriated $20,000,000 for each of fiscal years 1994, 1995, 1996, 1997, and 1998 for the hiring of additional Assistant United States Attorneys to prosecute violent youth gangs.

SEC. 622. 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, 1995.

    (d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section $1,000,000 for fiscal year 1994.

SEC. 623. CONTINUATION OF FEDERAL-STATE FUNDING FORMULA.

    Section 504(a)(1) of title I of the Omnibus Crime and Safe Streets Act of 1968 (42 U.S.C. 3754(a)(1)) is amended by striking ‘1992’ and inserting ‘1993’.

SEC. 624. GRANTS FOR MULTIJURISDICTIONAL DRUG TASK FORCES.

    Section 504(f) of title I of the Omnibus Crime and Safe Streets Act of 1968 (42 U.S.C. 3754(f)) is amended by inserting ‘and gang’ after ‘Except for grants awarded to State and local governments for the purpose of participating in multijurisdictional drug’.

Subtitle C--Grants Under the Juvenile Justice and Delinquency Prevention Act of 1974

SEC. 631. JUVENILE DRUG TRAFFICKING AND GANG PREVENTION GRANTS.

    Part B of title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5631 et seq.) is amended--

      (1) by inserting after the part heading the following subpart heading:

‘Subpart I--General Grant Programs’;

      and

      (2) by adding at the end the following new subpart:

‘Subpart II--Juvenile Drug Trafficking and Gang Prevention Grants

‘FORMULA GRANTS

    ‘SEC. 231. (a) AUTHORIZATION- The Administrator may make grants to States, units of general local government, private not-for-profit anticrime organizations, or combinations thereof to assist them in planning, establishing, operating, coordinating, and evaluating projects, directly or through grants and contracts with public and private agencies, for the development of more effective programs including prevention and enforcement programs to reduce--

      ‘(1) the formation or continuation of juvenile gangs; and

      ‘(2) the use and sale of illegal drugs by juveniles.

    ‘(b) PARTICULAR PURPOSES- The grants made under this section can be used for any of the following specific purposes:

      ‘(1) To reduce the participation of juveniles in drug-related crimes (including drug trafficking and drug use), particularly in and around elementary and secondary schools.

      ‘(2) To reduce juvenile involvement in organized crime, drug and gang-related activity, particularly activities that involve the distribution of drugs by or to juveniles.

      ‘(3) To develop within the juvenile justice system, including the juvenile corrections system, innovative means to address the problems of juveniles convicted of serious drug-related and gang-related offenses.

      ‘(4) To reduce juvenile drug and gang-related activity in public housing projects.

      ‘(5) To develop and provide parenting classes to parents of at-risk youth, giving parents the skills they need to provide adequate care and supervision of such youth and to counteract the influences leading youth to a life of gangs, crime, and drugs.

      ‘(6) To develop and provide training in methods of nonviolent dispute resolution to youth of junior high school and high school age.

      ‘(7) To reduce and prevent juvenile drug and gang-related activity in rural areas.

      ‘(8) To provide technical assistance and training to personnel and agencies responsible for the adjudicatory and corrections components of the juvenile justice system to--

        ‘(A) identify drug-dependent or gang-involved juvenile offenders; and

        ‘(B) provide appropriate counseling and treatment to such offenders.

      ‘(9) To promote the involvement of all juveniles in lawful activities, including in-school and after-school programs for academic, athletic, or artistic enrichment that also teach that drug and gang involvement are wrong.

      ‘(10) To facilitate Federal and State cooperation with local school officials to develop education, prevention, and treatment programs for juveniles who are likely to participate in drug trafficking, drug use, or gang-related activities.

      ‘(11) To prevent juvenile drug and gang involvement in public housing projects through programs establishing youth sports and other activities, including girls’ and boys’ clubs, scout troops, and little leagues.

      ‘(12) To provide pre- and post-trial drug abuse treatment to juveniles in the juvenile justice system with the highest possible priority to providing drug abuse treatment to drug-dependent pregnant juveniles and drug-dependent juvenile mothers.

      ‘(13) To provide education and treatment programs for juveniles exposed to severe violence in their homes, schools, or neighborhoods.

      ‘(14) To establish sports mentoring and coaching programs in which athletes serve as role models for juveniles to teach that athletics provides a positive alternative to drug and gang involvement.

‘AUTHORIZATION OF APPROPRIATIONS

    ‘SEC. 232. There are authorized to be appropriated $100,000,000 for fiscal year 1994 and such sums as are necessary for fiscal year 1995 to carry out this subpart.

‘ALLOCATION OF FUNDS

    ‘SEC. 233. The amounts appropriated for this subpart for any fiscal year shall be allocated as follows:

      ‘(1) $500,000 or 1.0 percent, whichever is greater, shall be allocated to each of the States.

      ‘(2) Such sums as are necessary to carry out section 235.

      ‘(3) Of the funds remaining after the allocation under paragraphs (1) and (2), there shall be allocated to each State an amount that bears the same ratio to the amount of remaining funds described in this paragraph as the population of juveniles residing in the State bears to the population of juveniles residing in all the States.

‘APPLICATION

    ‘SEC. 234. (a) IN GENERAL- Each State or entity applying for a grant under section 231 shall submit an application to the Administrator in such form and containing such information as the Administrator shall prescribe.

    ‘(b) REGULATIONS- To the extent practicable, the Administrator shall prescribe regulations governing applications for this subpart that are substantially similar to the regulations governing applications required under subpart I of this part and subpart II of part C, including the regulations relating to competition.

‘MENTAL HEALTH SCREENING

    ‘SEC. 235. (a) SENSE OF THE CONGRESS- It is the sense of the Congress that no child should have to be incarcerated in a State youth center or detention facility solely in order to receive mental health treatment.

    ‘(b) IN GENERAL- Not later than two years after the date of enactment of this subpart, the Attorney General, acting through the Administrator of the Office of Juvenile Justice and Delinquency Prevention, in collaboration with the Secretary of Health and Human Services, acting through the Administrator of Substance Abuse and Mental Health Services Administration, shall, subject to the availability of appropriations--

      ‘(1) study the nature and prevalence of mental illness among youth in the juvenile justice system at several different points in the system, including the arrest stage, the adjudication, and dispositional state, and the commitment stage;

      ‘(2) develop a model system that the States can use to assess, diagnose, and treat the mental health needs of youth who come in contact with the juvenile justice system for mental illness; and

      ‘(3) disseminate the results of the study and the model to each State’s Juvenile Justice Advisory Group.

    ‘(c) STUDY- The study should include analysis of--

      ‘(1) national prevalence of rates of the different clinical categories of mental illness for youth who come in contact with the juvenile justice system;

      ‘(2) the prevalence of multiple mental disorders among youth who have come in contact with the juvenile justice system;

      ‘(3) recommendations to the Committee on the Judiciary of the Senate and the Committees on Education and Labor of the House of Representatives on the appropriateness and need for further Federal action; and

      ‘(4) such other analysis as is appropriate.

    ‘(d) MODEL- The model should provide--

      ‘(1) guidelines for accurate and timely assessment, diagnosis, and treatment at several different points in the juvenile justice system including the arrest stage, the adjudication and dispositional stage, and the commitment stage;

      ‘(2) a method for fostering collaboration between the mental health agencies, juvenile justice agencies, educational agencies, social services agencies, substance abuse treatment agencies, police, and families;

      ‘(3) a funding mechanism for the model; and

      ‘(4) such other guidelines as are appropriate.’.

SEC. 632. CONFORMING REPEALER AND AMENDMENTS.

    (a) REPEAL OF PART D- Part D of title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5667 et seq.) is repealed, and part E of title II of that Act is redesignated as part D.

    (b) AUTHORIZATION OF APPROPRIATIONS- Section 291 of title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5671) is amended--

      (1) in subsection (a)--

        (A) in paragraph (1) by striking ‘(1)’ and by striking ‘(other than part D)’; and

        (B) by striking paragraph (2); and

      (2) in subsection (b) by striking ‘(other than part D)’.

SEC. 633. GRANTS FOR YOUTH DEVELOPMENT CENTERS.

    Part B of title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5631 et seq.), as amended by section 611, is amended by adding at the end the following new subpart:

‘Subpart III--Youth Violence Prevention Block Grants

    ‘SEC. 238. (a) IN GENERAL- The Administrator of the Office of Juvenile Justice and Delinquency Prevention shall subject to availability of appropriations make grants to States to assist the States in planning, establishing, operating, coordinating, and evaluating programs directly or through grants and contracts with public and private agencies for the development of more effective education, training, research, prevention, diversion, treatment, and rehabilitation programs in the area of juvenile violence.

    ‘(b) ISSUES TO BE ADDRESSED- A program funded under subsection (a) shall address issues identified as contributing to youth violence, which may include--

      ‘(1) conflict resolution programs in schools;

      ‘(2) alternatives to school suspension;

      ‘(3) juvenile court diversion programs; and

      ‘(4) other innovative projects.

    ‘(c) ALLOCATION OF FUNDS- The amount appropriated under this section for a fiscal year shall be allocated among the States by allocating to each State an amount that bears the same proportion to the amount appropriated as the number of residents of the State under the age of 18 years bears to the number of residents of all of the States under the age of 18 years.

    ‘(d) ADMINISTRATION- Grants made under this section shall be administered by the State office designated under section 507 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3757).

    ‘(e) APPLICATIONS BY PUBLIC AND PRIVATE AGENCIES-

      ‘(1) IN GENERAL- A public or private agency desiring to receive a grant or enter into a contract under this subpart shall submit an application at such time, in such manner, and containing such information as the office described in subsection (d) may prescribe.

      ‘(2) CONTENTS- In accordance with guidelines established by the office described in subsection (d), an application under paragraph (1) shall--

        ‘(A) set forth a program or activity for carrying out 1 or more of the purposes described in subsections (a) and (b) and specifically identify each such purpose that the program or activity is designed to carry out;

        ‘(B) provide that the program or activity will be administered by or under the supervision of the applicant;

        ‘(C) provide for the proper and efficient administration of the program or activity;

        ‘(D) provide for regular evaluation of the program or activity;

        ‘(E) provide an assurance that the proposed program or activity will supplement, not supplant, similar programs and activities already available in the community;

        ‘(F) describe how the program or activity will be coordinated with programs, activities, and services available locally;

        ‘(G) provide that regular reports on such program or activity shall be sent to the administering office named in subsection (d); and

        ‘(H) provide for such fiscal control and fund accounting procedures as may be necessary to ensure prudent use, proper disbursement, and accurate accounting of funds received under this subpart.

    ‘(f) MATCHING FUNDS REQUIREMENTS-

      ‘(1) FUNDS RECEIVED UNDER THIS SUBPART- Funds received through a grant under this section may not be expended for more than 75 percent of the cost of any program that is so funded.

      ‘(2) FUNDS FROM OTHER SOURCES- In providing for the 25 percent share of the cost of a program from other sources, a State--

        ‘(A) shall provide for such share through a payment in cash or in kind, fairly evaluated, including facilities, equipment, or services; and

        ‘(B) may provide for such share through State sources, local sources, private sources, nonprofit sources, other Federal sources, or any combination of these sources.

    ‘(g) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 1995 and 1996.’.

Subtitle D--Bindover System for Certain Violent Juveniles

SEC. 641. BINDOVER SYSTEM.

    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 1002, 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 juveniles 13 years of age and older 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.’.

Subtitle E--Federal Prosecutions

SEC. 651. PROSECUTION AS ADULTS OF VIOLENT JUVENILE OFFENDERS.

    Section 5032 of title 18, United States Code, is amended by adding at the end the following new paragraph:

    ‘(A) Notwithstanding any other provision of this section or any other law, a juvenile who was 13 years old or older on the date of the commission of an offense under section 113 (a), (b), or (c), 1111, 1113, 2111 or 2113 (if the juvenile was in possession of a firearm during the offense), or 2241 (a) or (c) (if the juvenile was in possession of a firearm during the offense) shall be prosecuted as an adult in Federal court. No juvenile prosecuted as an adult under this paragraph shall be incarcerated in an adult prison.

    ‘(B) If a juvenile prosecuted under this paragraph is convicted, the juvenile shall be entitled to file a petition for resentencing pursuant to applicable sentencing guidelines when he or she reaches the age of 16.

    ‘(C) The United States Sentencing Commission shall promulgate guidelines, or amend existing guidelines, if necessary, to carry out the purposes of this section. For resentencing determinations pursuant to subsection (b), the Commission may promulgate guidelines, if necessary to permit sentencing adjustments which may include adjustments which provide for supervised release, for defendants who have clearly demonstrated (i) an exceptional degree of responsibility for the offense and (ii) a willingness and ability to refrain from further criminal conduct.

Subtitle F--Youth Handgun Safety

SEC. 661. FINDINGS AND DECLARATIONS.

    The Congress finds and declares that--

      (1) Crime, particularly crime involving drugs and guns, is a pervasive, nationwide problem.

      (2) Problems with crime at the local level are exacerbated by the interstate movement of drugs, guns, and criminal gangs.

      (3) Firearms and ammunition, and handguns in particular, move easily in interstate commerce, as documented in numerous hearings in both the Judiciary Committee of the House of Representatives and Judiciary Committee of the Senate.

      (4) In fact, even before the sale of a handgun, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce.

      (5) While criminals freely move from State to State, ordinary citizens may fear to travel to or through certain parts of the country due to the concern that violent crime is not under control, and foreigners may decline to travel in the United States for the same reason.

      (6) Just as the hardened drug kingpins begin their life in the illicit drug culture by exposure to drugs at a young age, violent criminals often start their criminal careers on streets where the ready availability of guns to young people results in the acceptability of their random use.

      (7) Violent crime and the use of illicit drugs go hand-in-hand, and attempts to control one without controlling the other may be fruitless.

      (8) Individual States and localities find it impossible to handle the problem by themselves; even States and localities that have made a strong effort to prevent, detect, and punish crime find their effort unavailing due in part to the failure or inability of other States and localities to take strong measures.

      (9) Inasmuch as illicit drug activity and related violent crime overflow State lines and national boundaries, the Congress has power, under the interstate commerce clause and other provisions of the Constitution, to enact measures to combat these problems.

      (10) The Congress finds that it is necessary and appropriate to assist the States in controlling crime by stopping the commerce in handguns with juveniles nationwide, and allowing the possession of handguns by juveniles only when handguns are possessed and used for legitimate purposes under appropriate conditions.

SEC. 662. PROHIBITION OF THE POSSESSION OF A HANDGUN OR AMMUNITION BY, OR THE PRIVATE TRANSFER OF A HANDGUN OR AMMUNITION TO, A JUVENILE.

    (a) DEFINITION- Section 921(a) of title 18, United States Code, is amended by adding at the end the following new paragraph:

      ‘(29) The term ‘handgun’ means--

        ‘(A) a firearm that has a short stock and is designed to be held and fired by the use of a single hand; and

        ‘(B) any combination of parts from which a firearm described in subparagraph (A) can be assembled.’.

    (b) OFFENSE- Section 922 of title 18, United States Code, is amended by adding at the end the following new subsection:

    ‘(s)(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.’.

    (c) 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(s) 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(s)(2); and

      ‘(II) the juvenile has not been convicted in any court of an offense (including an offense under section 922(s) 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(s)--

      ‘(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.’.

    (d) 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(s)’ 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 (s)’ after ‘922(p)’; and

        (B) in the fourth undesignated paragraph by inserting ‘or section 922(s) of this title,’ before ‘criminal prosecution on the basis’.

    (e) 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(s) of title 18, United States Code, or a similar State law).’

    (f) 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, 1994, findings and recommendations concerning the need or appropriateness of further action by the Federal Government.

SEC. 663. PROHIBITION OF THE SALE AND TRANSFER FOR CONSIDERATION OF A HANDGUN OR HANDGUN AMMUNITION TO A JUVENILE.

    (a) OFFENSE- Section 922 of title 18, United States Code, is amended by adding at the end thereof the following new subsection:

    ‘(t)(1) Except as provided in paragraph (3), it shall be unlawful for any person to sell or otherwise transfer for consideration to a person who the seller or 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) For purposes of this subsection--

      ‘(i) the term ‘juvenile’ means a person who is less than 18 years of age; and

      ‘(ii) the term ‘handgun’ means--

        ‘(I) a firearm that has a short stock and is designed to be held and fired by the use of a single hand; and

        ‘(II) any combination of parts from which a firearm described in subclause (I) can be assembled.

    ‘(3) This subsection shall not apply to a sale or a transfer of a handgun or ammunition if the sale or transfer was made in accordance with State and local law and with the prior consent of the juvenile’s parent or legal guardian who is not prohibited by Federal, State, or local law from possessing a firearm.’.

    (b) PENALTIES- Section 924(a) of title 18, United States Code, is amended--

      (1) in paragraph (1) by striking out ‘paragraph (2) or (3) of’; and

      (2) by adding at the end the following new paragraph:

      ‘(5)(A) Except as provided in subparagraph (B), whoever knowingly violates subsection (t) of section 922 shall be fined not more than $5,000, imprisoned not more than five years, or both.

      ‘(B) Whoever knowingly violates subsection (t) of section 922 knowing or having reasonable cause to know that the juvenile to whom the handgun or ammunition was sold or otherwise transferred for consideration intended to carry, possess, discharge, or otherwise use such 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.’.

TITLE VII--TERRORISM

Subtitle A--Maritime Navigation and Fixed Platforms

SEC. 701. OFFENSES OF VIOLENCE AGAINST MARITIME NAVIGATION OR FIXED PLATFORMS.

    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 prohibited activity in subsection (b)--

      ‘(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) It is a bar to Federal presecution 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--

      ‘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 prohibited activity in subsection (b) 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) It is a bar to Federal presecution 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.’.

SEC. 702. 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.’.

SEC. 703. EFFECTIVE DATES.

    This subtitle and the amendments made by this subtitle 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.

Subtitle B--General Provisions

SEC. 711. WEAPONS OF MASS DESTRUCTION.

    (a) FINDINGS- The Congress finds that the use and threatened use of weapons of mass destruction (as defined in section 2332a of title 18, United States Code, as added by subsection (b)) gravely harm the national security and foreign relations interests of the United States, seriously affect interstate and foreign commerce, and disturb the domestic tranquility of the United States.

    (b) 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) DEFINITIONS- In this section--

      ‘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)).

      ‘weapon of mass destruction’ means--

        ‘(A) any destructive device (as defined in section 921);

        ‘(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) 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.’.

    (c) 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 new item:

      ‘2332a. Use of weapons of mass destruction.’.

SEC. 712. ENHANCED PENALTIES FOR CERTAIN OFFENSES.

    (a) SECTION 1705(b)- Section 206(b) of the International Economic Emergency Powers Act (50 U.S.C. 1705(b)) is amended by striking ‘$50,000’ and inserting ‘$1,000,000’.

    (b) SECTION 1705(a)- Section 206(a) of the International Economic Emergency Powers Act (50 U.S.C. 1705(a)) is amended by striking ‘$10,000’ and inserting ‘$1,000,000’.

    (c) SECTION 1541- Section 1541 of title 18, United States Code, is amended--

      (1) by striking ‘$500’ and inserting ‘$250,000’; and

      (2) by striking ‘one year’ and inserting ‘5 years’.

    (d) CHAPTER 75- Sections 1542, 1543, 1544 and 1546 of title 18, United States Code, are each amended--

      (1) by striking ‘$2,000’ each place it appears and inserting ‘$250,000’; and

      (2) by striking ‘five years’ each place it appears and inserting ‘10 years’.

    (e) SECTION 1545- Section 1545 of title 18, United States Code, is amended--

      (1) by striking ‘$2,000’ and inserting ‘$250,000’; and

      (2) by striking ‘three years’ and inserting ‘10 years’.

SEC. 713. TERRITORIAL SEA EXTENDING TO TWELVE MILES INCLUDED IN SPECIAL MARITIME AND TERRITORIAL JURISDICTION.

    The Congress declares that all the territorial sea of the United States, as defined by Presidential Proclamation 5928 of December 27, 1988, is part of the United States, subject to its sovereignty, and, for purposes of Federal criminal jurisdiction, is within the special maritime and territorial jurisdiction of the United States wherever that term is used in title 18, United States Code.

SEC. 714. ASSIMILATED CRIMES IN EXTENDED TERRITORIAL SEA.

    Section 13 of title 18, United States Code (relating to the adoption of State laws for areas within Federal jurisdiction), is amended--

      (1) by inserting after ‘title’ in subsection (a) the following: ‘or on, above, or below any portion of the territorial sea of the United States not within the territory of any State, Territory, Possession, or District’; and

      (2) by inserting at the end the following new subsection:

    ‘(c) Whenever any waters of the territorial sea of the United States lie outside the territory of any State, Territory, Possession, or District, such waters (including the airspace above and the seabed and subsoil below, and artificial islands and fixed structures erected thereon) shall be deemed for purposes of subsection (a) to lie within the area of that State, Territory, Possession, or District it would lie within if the boundaries of such State, Territory, Possession, or District were extended seaward to the outer limit of the territorial sea of the United States.’.

SEC. 715. 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. 716. TORTURE.

    (a) IN GENERAL- Part I of title 18, United States Code, is amended by inserting after chapter 113A the following new chapter:

‘CHAPTER 113B--TORTURE

      ‘Sec.

      ‘2340. Definitions.

      ‘2340A. Torture.

      ‘2340B. Exclusive remedies.

‘Sec. 2340. Definitions

    ‘In this chapter--

      ‘severe mental pain or suffering’ means the prolonged mental harm caused by or resulting from--

        ‘(A) the intentional infliction or threatened infliction of severe physical pain or suffering;

        ‘(B) the administration or application, or threatened administration or application, of mind altering substances or other procedures calculated to disrupt profoundly the senses or the personality;

        ‘(C) the threat of imminent death; or

        ‘(D) the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind altering substances or other procedures calculated to disrupt profoundly the senses or personality.

      ‘torture’ means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control.

      ‘United States’ includes all areas under the jurisdiction of the United States including any of the places within the provisions of sections 5 and 7 of this title and section 101(38) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1301(38)).

‘Sec. 2340A. Torture

    ‘(a) OFFENSES- A person who outside the United States commits or attempts to commit torture 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 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 alleged offender is a national of the United States; or

      ‘(2) the alleged offender is present in the United States, irrespective of the nationality of the victim or the alleged offender.

‘Sec. 2340B. Exclusive remedies

    ‘Nothing in this chapter shall be construed as precluding the application of State or local laws on the same subject, nor shall anything in this chapter be construed as creating any substantive or procedural right enforceable by law by any party in any civil proceeding.’.

    (b) TECHNICAL AMENDMENT- The part analysis for part I of title 18, United States Code, is amended by inserting after the item for chapter 113A the following new item:

2340.’.

    (c) EFFECTIVE DATE- The amendment made by this section shall take effect on the later of--

      (1) the date of enactment of this Act; or

      (2) the date on which the United States has become a party to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

SEC. 717. EXTENSION OF THE STATUTE OF LIMITATIONS 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 limitations for certain terrorism offenses

    ‘Notwithstanding the provisions of 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 902 (i), (j), (k), (l), or (n) of the Federal Aviation Act of 1958, as amended (49 U.S.C. App. 1572 (i), (j), (k), (l), or (n)), unless the indictment is found or the information is instituted within ten years next after such offense shall have been committed.’.

    (b) 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 limitations for certain terrorism offenses.’.

SEC. 718. FBI ACCESS TO TELEPHONE SUBSCRIBER INFORMATION.

    (a) REQUIRED CERTIFICATION- Section 2709(b) of title 18, United States Code, is amended to read as follows:

    ‘(b) REQUIRED CERTIFICATION- The Director of the Federal Bureau of Investigation, or his designee in a position not lower than Deputy Assistant Director, may--

      ‘(1) request the name, address, length of service, and toll billing records of a person or entity if the Director (or his designee in a position not lower than Deputy Assistant Director) certifies in writing to the wire or electronic communication service provider to which the request is made that--

        ‘(A) the name, address, length of service, and toll billing records sought are relevant to an authorized foreign counterintelligence investigation; and

        ‘(B) there are specific and articulable facts giving reason to believe that the person or entity to whom the information sought pertains is a foreign power or an agent of a foreign power as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801); and

      ‘(2) request the name, address, and length of service of a person or entity if the Director (or his designee in a position not lower than Deputy Assistant Director) certifies in writing to the wire or electronic communication service provider to which the request is made that--

        ‘(A) the information sought is relevant to an authorized foreign counterintelligence investigation; and

        ‘(B) there are specific and articulable facts giving reason to believe that communication facilities registered in the name of the person or entity have been used, through the services of such provider, in communication with--

          ‘(i) an individual who is engaging or has engaged in international terrorism as defined in section 101(c) of the Foreign Intelligence Surveillance Act or clandestine intelligence activities that involve or may involve a violation of the criminal statutes of the United States; or

          ‘(ii) a foreign power or an agent of a foreign power under circumstances giving reason to believe that the communication concerned international terrorism as defined in section 101(c) of the Foreign Intelligence Surveillance Act or clandestine intelligence activities that involve or may involve a violation of the criminal statutes of the United States.’.

    (b) REPORT TO JUDICIARY COMMITTEES- Section 2709(e) of title 18, United States Code, is amended by adding after ‘Senate’ the following: ‘, and the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate,’.

SEC. 719. VIOLENCE AT AIRPORTS SERVING INTERNATIONAL CIVIL AVIATION.

    (a) OFFENSE- Chapter 2 of title 18, United States Code, is amended by adding at the end thereof the following new section:

‘Sec. 36. 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 presecution 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, is amended by adding at the end the following new item:

      ‘36. 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. 720. PREVENTING ACTS OF TERRORISM AGAINST CIVILIAN AVIATION.

    (a) IN GENERAL- Chapter 2 of title 18, United States Code, as amended by section 719(a), is amended by adding at the end the following new section:

‘Sec. 37. Violations of Federal aviation security regulations

    ‘A person who willfully violates a security regulation under part 107 or 108 of title 14, Code of Federal Regulations (relating to airport and airline security) issued pursuant to section 315 or 316 of the Air Transportation Security Act of 1974 (49 U.S.C. App. 1356 and 1357), or a successor part, shall be fined under this title, imprisoned for not more than 1 year, or both.’.

    (b) TECHNICAL AMENDMENT- The chapter analysis for chapter 2 of title 18, United States Code, as amended by section 719(b), is amended by adding at the end the following new item:

      ‘37. Violations of Federal aviation security regulations.’.

SEC. 721. 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 for not more than 15 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. 722. ECONOMIC TERRORISM TASK FORCE.

    (a) ESTABLISHMENT AND PURPOSE- There is established an Economic Terrorism Task Force to--

      (1) assess the threat of terrorist actions directed against the United States economy, including actions directed against the United States government and actions against United States business interests;

      (2) assess the adequacy of existing policies and procedures designed to prevent terrorist actions directed against the United States economy; and

      (3) recommend administrative and legislative actions to prevent terrorist actions directed against the United States economy.

    (b) MEMBERSHIP- The Economic Terrorism Task Force shall be chaired by the Secretary of State, or the Secretary’s designee, and consist of--

      (1) the Director of Central Intelligence;

      (2) the Director of the Federal Bureau of Investigation;

      (3) the Director of the United States Secret Service;

      (4) the Administrator of the Federal Aviation Administration;

      (5) the Chairman of the Board of Governors of the Federal Reserve;

      (6) the Under Secretary of the Treasury for Finance; and

      (7) such other members of the Departments of Defense, Justice, State, Treasury, or any other agency of the United States government, as the Secretary of State may designate.

    (c) ADMINISTRATIVE PROVISIONS- The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Economic Terrorism Task Force.

    (d) REPORT- Not later than 180 days after the date of enactment of this Act, the chairman of the Economic Terrorism Task Force shall submit a report to the President and the Congress detailing the findings and recommendations of the task force. If the report of the task force is classified, an unclassified version shall be prepared for public distribution.

SEC. 723. 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. 724. 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. 725. ALIEN WITNESS COOPERATION.

    (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, and

          ‘(II) is willing to supply such information to Federal or State law enforcement authorities or a Federal or State court of law, and

        ‘(ii) 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,

      and the spouse and minor children of the alien 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 before paragraph (2) the following new paragraph:

    ‘(1) The Attorney General may, in the Attorney General’s discretion, waive the application of subsection (a) (other than paragraph (3)(E) thereof) in the case of a nonimmigrant described in section 101(a)(15)(S), if the Attorney General deems it in the national interest. Any such waiver shall be deemed a waiver of any comparable ground for deportation under section 241(a)(1)(A).’.

      (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) in any fiscal year may not exceed 100.

    ‘(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 Commissioner such information concerning the alien’s whereabouts and activities as the Attorney General may require,

      ‘(B) may not be convicted of any criminal offense in the United States after the date of such admission, and

      ‘(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.

    ‘(5) The Attorney General shall submit a report annually to the Committees on the Judiciary of the House of Representatives and 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 such nonimmigrants whose admission has not resulted in successful criminal prosecution or investigation, and

      ‘(D) 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 Nationality 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:

    ‘(h)(1) If, in the opinion of the Attorney General--

      ‘(A) a nonimmigrant admitted into the United States under section 101(a)(15)(S) has supplied information described in clauses (i) and (ii) of that section, and

      ‘(B) the provision of such information has substantially contributed to the success of an authorized criminal investigation or the successful prosecution of an individual described in clause (ii) of that section,

    the Attorney General may adjust the status of the alien (and the spouse and child 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).

    ‘(2) Upon the approval of adjustment of status under paragraph (1), 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 1 the number of visas authorized to be issued under section 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--

        (A) by striking ‘or’ before ‘(3)’ and ‘(4)’; and

        (B) 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) EXTENDING 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(h))’ after ‘five years’.

SEC. 726. 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 902(i) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1472(i)), 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.’.

    (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 VIII--SEXUAL VIOLENCE AND ABUSE OF CHILDREN, THE ELDERLY, AND INDIVIDUALS WITH DISABILITIES

Subtitle A--Sexual Abuse

SEC. 801. SEXUAL ABUSE AMENDMENTS.

    (a) DEFINITIONS OF SEXUAL ACT AND SEXUAL CONTACT FOR VICTIMS UNDER THE AGE OF 16- Paragraph (2) of section 2245 of title 18, United States Code, is amended--

      (1) in subparagraph (B) by striking ‘or’ after the semicolon;

      (2) in subparagraph (C) by striking ‘; and’ and inserting ‘; or’; and

      (3) by inserting a new subparagraph (D) as follows:

        ‘(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;’.

Subtitle B--Protection of Children, the Elderly, and Individuals With Disabilities

SEC. 811. SHORT TITLE.

    This subtitle may be cited as the ‘National Child, Elderly, and Individuals with Disabilities Protection Act of 1993’.

SEC. 812. PURPOSES.

    The purposes of this subtitle are--

      (1) to establish a national system through which organizations that care for children, the elderly, or individuals with disabilities may obtain the benefit of a nationwide criminal background check to determine if persons who are current or prospective care providers have committed abuse crimes or other serious crimes;

      (2) to establish minimum criteria for State laws and procedures that permit organizations that care for children, the elderly, or individuals with disabilities to obtain the benefit of nationwide criminal background checks to determine if persons who are current or prospective care providers have committed abuse crimes or other serious crimes;

      (3) to provide procedural rights for persons who are subject to nationwide criminal background checks, including procedures to challenge and correct inaccurate background check information;

      (4) to establish a national system for the reporting by the States of abuse crime information; and

      (5) to document and study the problem of child abuse by providing statistical and informational data on child abuse and related crimes to the Department of Justice and other interested parties.

SEC. 813. DEFINITIONS.

    For the purposes of this subtitle--

      (1) the term ‘abuse crime’ means a child abuse crime, a crime against the elderly, or a crime against an individual with disabilities.

      (2) the term ‘abuse crime information’ means the following facts concerning a person who is under indictment for, or has been convicted of, an abuse crime: full name, race, sex, date of birth, height, weight, a brief description of the abuse crime or offenses for which the person has been arrested or is under indictment or has been convicted, the disposition of the charge, and any other information that the Attorney General determines may be useful in identifying persons arrested for, under indictment for, or convicted of, an abuse crime;

      (3) the term ‘authorized agency’ means a division or office of a State designated by a State to report, receive, or disseminate information under this subtitle;

      (4) the term ‘background check crime’ means an abuse crime, murder, manslaughter, aggravated assault, kidnapping, arson, sexual assault, domestic violence, incest, indecent exposure, prostitution, promotion of prostitution, burglary, robbery, embezzlement, larceny, fraud, and a felony offense involving the use or distribution of a controlled substance;

      (5) the term ‘child’ means a person who is a child for purposes of the criminal child abuse law of a State;

      (6) the term ‘child abuse’ means the physical or mental injury, sexual abuse or exploitation, neglectful treatment, negligent treatment, or maltreatment of a child by any person in violation of the criminal child abuse laws of a State, but does not include discipline administered by a parent or legal guardian to his or her child provided it is reasonable in manner and moderate in degree and otherwise does not constitute cruelty;

      (7) the term ‘child abuse crime’ means a crime committed under any law of a State that establishes criminal penalties for the commission of child abuse by a parent or other family member of a child or by any other person;

      (8) the term ‘care’ means the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities;

      (9) the term ‘domestic violence’ means a felony or misdemeanor involving the use or threatened use of force by--

        (A) a present or former spouse of the victim;

        (B) a person with whom the victim shares a child in common;

        (C) a person who is cohabiting with or has cohabited with the victim as a spouse; or

        (D) any person defined as a spouse of the victim under the domestic or family violence laws of a State;

      (10) the term ‘elderly’ means a person who is sixty-five years old or older.

      (11) the term ‘exploitation’ means child pornography and child prostitution;

      (12) the term ‘mental injury’ means harm to a person’s psychological or intellectual functioning, which may be exhibited by severe anxiety, depression, withdrawal or outward aggressive behavior, or a combination of those behaviors or by a change in behavior, emotional response, or cognition;

      (13) the term ‘national criminal background check system’ means the system maintained by the Federal Bureau of Investigation based on fingerprint identification or any other method of positive identification;

      (14) the term ‘negligent treatment’ means the failure to provide, for a reason other than poverty, adequate food, clothing, shelter, or medical care so as to seriously endanger the physical health of a child, elderly person, or individual with disabilities;

      (15) the term ‘individual with a disability’ means an individual with a disability (as defined in section 3(2) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(21)));

      (16) the term ‘physical injury’ includes lacerations, fractured bones, burns, internal injuries, severe bruising, and serious bodily harm;

      (17) the term ‘provider’ means--

        (A) a person who--

          (i) is employed by or volunteers with a qualified entity;

          (ii) who owns or operates a qualified entity; or

          (iii) who has or may have unsupervised access to a person to whom the qualified entity provides care; and

        (B) a person who--

          (i) seeks to be employed by or volunteer with a qualified entity;

          (ii) seeks to own or operate a qualified entity; or

          (iii) seeks to have or may have unsupervised access to a to whom the qualified entity provides care;

      (18) the term ‘qualified entity’ means a business or organization, whether public, private, for-profit, not-for-profit, or voluntary, that provides care or care placement services, including a business or organization that licenses or certifies others to provide care or care placement services;

      (19) the term ‘sex crime’ means an act of sexual abuse that is a criminal act;

      (20) the term ‘sexual abuse’ includes the employment, use, persuasion, inducement, enticement, or coercion of a child to engage in, or assist another person to engage in, sexually explicit conduct or the rape, molestation, prostitution, or other form of sexual exploitation of children or incest with children; and

      (21) the term ‘State’ means a State, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and the Trust Territories of the Pacific.

SEC. 814. REPORTING BY THE STATES.

    (a) IN GENERAL- An authorized criminal justice agency of a State shall report child abuse crime information to, or index child abuse crime information in, the national criminal background check system.

    (b) PROVISION OF STATE CHILD ABUSE CRIME RECORDS THROUGH THE NATIONAL CRIMINAL BACKGROUND CHECK SYSTEM- (1) Not later than 180 days after the date of enactment of this Act, the Attorney General shall, subject to the availability of appropriations--

      (A) investigate the criminal records of each State and determine for each State a timetable by which the State should be able to provide child abuse crime records on an on-line capacity basis through the national criminal background check system;

      (B) establish guidelines for the reporting or indexing of child abuse crime information, including guidelines relating to the format, content, and accuracy of child abuse crime information and other procedures for carrying out this Act; and

      (C) notify each State of the determinations made pursuant to subparagraphs (A) and (B).

    (2) The Attorney General shall require as a part of the State timetable that the State--

      (A) achieve, by not later than the date that is 3 years after the date of enactment of this Act, at least 80 percent currency of final case dispositions in computerized criminal history files for all identifiable child abuse crime cases in which there has been an event of activity within the last 5 years;

      (B) continue to maintain at least 80 percent currency of final case dispositions in all identifiable child abuse crime cases in which there has been an event of activity within the preceding 5 years; and

      (C) take steps to achieve full disposition reporting, including data quality audits and periodic notices to criminal justice agencies identifying records that lack final dispositions and requesting those dispositions.

    (c) LIAISON- An authorized agency of a State shall maintain close liaison with the National Center on Child Abuse and Neglect, the National Center for Missing and Exploited Children, and the National Center for the Prosecution of Child Abuse for the exchange of technical assistance in cases of child abuse.

    (d) ANNUAL SUMMARY- (1) The Attorney General shall publish an annual statistical summary of the child abuse crime information reported under this subtitle.

    (2) The annual statistical summary described in paragraph (1) shall not contain any information that may reveal the identity of any particular victim or alleged violator.

    (e) ANNUAL REPORT- The Attorney General shall publish an annual summary of each State’s progress in reporting child abuse crime information to the national criminal background check system.

    (f) STUDY OF CHILD ABUSE OFFENDERS- (1) Not later than 180 days after the date of enactment of this Act, the Administrator of the Office of Juvenile Justice and Delinquency Prevention shall begin a study based on a statistically significant sample of convicted child abuse offenders and other relevant information to determine--

      (A) the percentage of convicted child abuse offenders who have more than 1 conviction for an offense involving child abuse;

      (B) the percentage of convicted child abuse offenders who have been convicted of an offense involving child abuse in more than 1 State;

      (C) whether there are crimes or classes of crimes, in addition to those defined as background check crimes in section 3, that are indicative of a potential to abuse children; and

      (D) the extent to which and the manner in which instances of child abuse form a basis for convictions for crimes other than child abuse crimes.

    (2) Not later than 1 year after the date of enactment of this Act, the Administrator shall submit a report to the Chairman of the Committee on the Judiciary of the Senate and the Chairman of the Committee on the Judiciary of the House of Representatives containing a description of and a summary of the results of the study conducted pursuant to paragraph (1).

SEC. 815. BACKGROUND CHECKS.

    (a) IN GENERAL- (1) A State may have in effect procedures (established by or under State statute or regulation) to permit a qualified entity to contact an authorized agency of the State to request a nationwide background check for the purpose of determining whether there is a report that a provider is under indictment for, or has been convicted of, a background check crime.

    (2) The authorized agency shall access and review State and Federal records of background check crimes through the national criminal background check system and shall respond promptly to the inquiry.

    (b) GUIDELINES- (1) The Attorney General shall establish guidelines for State background check procedures established under subsection (a), which guidelines shall include the requirements and protections of this subtitle.

    (2) The guidelines established under paragraph (1) shall require--

      (A) that no qualified entity may request a background check of a provider under subsection (a) unless the provider first completes and signs a statement that--

        (i) contains the name, address, and date of birth appearing on a valid identification document (as defined by section 1028(d)(1) of title 18, United States Code) of the provider;

        (ii) the provider is not under indictment for, and has not been convicted of, a background check crime and, if the provider is under indictment for or has been convicted of a background check crime, contains a description of the crime and the particulars of the indictment or conviction;

        (iii) notifies the provider that the entity may request a background check under subsection (a);

        (iv) notifies the provider of the provider’s rights under subparagraph (B); and

        (v) notifies the provider that prior to the receipt of the background check the qualified entity may choose to deny the provider unsupervised access to a person to whom the qualified entity provides care;

      (B) that each State establish procedures under which a provider who is the subject of a background check under subsection (a) is entitled--

        (i) to obtain a copy of any background check report and any record that forms the basis for any such report; and

        (ii) to challenge the accuracy and completeness of any information contained in any such report or record and obtain a prompt determination from an authorized agency as to the validity of such challenge;

      (C) that an authorized agency to which a qualified entity has provided notice pursuant to subsection (a) make reasonable efforts to complete research in whatever State and local recordkeeping systems are available and in the national criminal background check system and respond to the qualified entity within 15 business days;

      (D) that the response of an authorized agency to an inquiry pursuant to subsection (a) inform the qualified entity that the background check pursuant to this section--

        (i) may not reflect all indictments or convictions for a background check crime; and

        (ii) may not be the sole basis for determining the fitness of a provider;

      (E) that the response of an authorized agency to an inquiry pursuant to subsection (a) be limited to the conviction or pending indictment information reasonably required to accomplish the purposes of this Act;

      (F) that the qualified entity may choose to deny the provider unsupervised access to a person to whom the qualified entity provides care on the basis of a background check under subsection (a) until the provider has obtained a determination as to the validity of any challenge under subparagraph (B) or waived the right to make such challenge;

      (G) that each State establish procedures to ensure that any background check under subsection (a) and the results thereof shall be requested by and provided only to--

        (i) qualified entities identified by States;

        (ii) authorized representatives of a qualified entity who have a need to know such information;

        (iii) the provider who is the subject of a background check;

        (iv) law enforcement authorities; or

        (v) pursuant to the direction of a court of law;

      (H) that background check information conveyed to a qualified entity pursuant to subsection (a) shall not be conveyed to any person except as provided under subparagraph (G);

      (I) that an authorized agency shall not be liable in an action at law for damages for failure to prevent a qualified entity from taking action adverse to a provider on the basis of a background check;

      (J) that a State employee or a political subdivision of a State or employee thereof responsible for providing information to the national criminal background check system shall not be liable in an action at law for damages for failure to prevent a qualified entity from taking action adverse to a provider on the basis a background check; and

      (K) that a State or Federal provider of criminal history records, and any employee thereof, shall not be liable in an action at law for damages for failure to prevent a qualified entity from taking action adverse to a provider on the basis of a criminal background check, or due to a criminal history record’s being incomplete.

    (c) EQUIVALENT PROCEDURES- (1) Notwithstanding anything to the contrary in this section, the Attorney General may certify that a State licensing or certification procedure that differs from the procedures described in subsections (a) and (b) shall be deemed to be the equivalent of such procedures for purposes of this Act, but the procedures described in subsections (a) and (b) shall continue to apply to those qualified entities, providers, and background check crimes that are not governed by or included within the State licensing or certification procedure.

    (2) The Attorney General shall by regulation establish criteria for certifications under this subsection. Such criteria shall include a finding by the Attorney General that the State licensing or certification procedure accomplishes the purposes of this Act and incorporates a nationwide review of State and Federal records of background check offenses through the national criminal background check system.

    (d) REGULATIONS- (1) The Attorney General may by regulation prescribe such other measures as may be required to carry out the purposes of this Act, including measures relating to the security, confidentiality, accuracy, use, misuse, and dissemination of information, and audits and recordkeeping.

    (2) The Attorney General shall, to the maximum extent possible, encourage the use of the best technology available in conducting background checks.

SEC. 816. FUNDING FOR IMPROVEMENT OF CHILD ABUSE CRIME INFORMATION.

    (a) USE OF FORMULA GRANTS FOR IMPROVEMENTS IN STATE RECORDS AND SYSTEMS- Section 509(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3759(b)) is amended--

      (1) in paragraph (2) by striking ‘and’ after the semicolon;

      (2) in paragraph (3) by striking the period and inserting ‘; and’; and

      (3) by adding at the end the following new paragraph:

      ‘(4) the improvement of State record systems and the sharing of all of the records described in paragraphs (1), (2), and (3) and the records required by the Attorney General under section 914 of the National Child, Elderly, and Individuals with Disabilities Protection Act of 1993 with the Attorney General for the purpose of implementing the National Child, Elderly, and Individuals with Disabilities Protection Act of 1993, and the information and records referred to in section 406 of the Indian Child Protection and Family Violence Prevention Act.’.

    (b) ADDITIONAL FUNDING GRANTS FOR THE IMPROVEMENT OF CHILD ABUSE CRIME INFORMATION- (1) The Attorney General shall, subject to appropriations and with preference to States that as of the date of enactment of this Act have the lowest percent currency of case dispositions in computerized criminal history files, make a grant to each State to be used--

      (A) for the computerization of criminal history files for the purposes of this subtitle;

      (B) for the improvement of existing computerized criminal history files for the purposes of this subtitle;

      (C) to improve accessibility to the national criminal background check system for the purposes of this subtitle; and

      (D) to assist the State in the transmittal of criminal records to, or the indexing of criminal history record in, the national criminal background check system for the purposes of this subtitle.

    (2) There are authorized to be appropriated for grants under paragraph (1) a total of $40,000,000 for fiscal years 1995, 1996, and 1997.

    (c) WITHHOLDING STATE FUNDS- Effective 1 year after the date of enactment of this Act, the Attorney General may reduce by up to 10 percent the allocation to a State for a fiscal year under title I of the Omnibus Crime Control and Safe Streets Act of 1968 of a State that is not in compliance with the timetable established for that State under section 914 of this Act.

Subtitle C--Crimes Against Children

SEC. 821. SHORT TITLE.

    This subtitle may be cited as the ‘Jacob Wetterling Crimes Against Children Registration Act’.

SEC. 822. ESTABLISHMENT OF PROGRAM.

    (a) IN GENERAL-

      (1) STATE GUIDELINES- The Attorney General shall establish guidelines for State programs requiring any person who is convicted of a criminal offense against a victim who is a minor to register a current address with a designated State law enforcement agency for 10 years after release from prison, being placed on parole, or being placed on supervised release.

      (2) DEFINITION- For purposes of this subsection, the term ‘criminal offense against a victim who is a minor’ includes--

        (A) kidnapping of a minor, except by a noncustodial parent;

        (B) false imprisonment of a minor, except by a noncustodial parent;

        (C) criminal sexual conduct toward a minor;

        (D) solicitation of minors to engage in sexual conduct;

        (E) use of minors in a sexual performance; or

        (F) solicitation of minors to practice prostitution.

    (b) REGISTRATION REQUIREMENT UPON RELEASE, PAROLE, OR SUPERVISED RELEASE- An approved State registration program established by this section shall contain the following requirements:

      (1) NOTIFICATION- If a person who is required to register under this section is released from prison, paroled, or placed on supervised release, a State prison officer shall--

        (A) inform the person of the duty to register;

        (B) 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;

        (C) obtain fingerprints and a photograph of the person if these have not already been obtained in connection with the offense that triggers registration; and

        (D) require the person to read and sign a form stating that the duty of the person to register under this section has been explained.

      (2) TRANSFER OF INFORMATION TO STATE AND THE FBI- The officer 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 Identification Division of the Federal Bureau of Investigation.

      (3) ANNUAL VERIFICATION- On each anniversary of a person’s initial registration date during the period in which the person is required to register under this section, the designated State law enforcement agency shall mail a nonforwardable verification form to the last reported address of the person. The person shall mail the verification form to the officer within 10 days after receipt of the form. 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. 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 his or her residence address.

      (4) NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGES IN ADDRESS- Any change of address by a person required to register under this section reported to the designated State law enforcement agency shall immediately be reported to the appropriate law enforcement agency having jurisdiction where the person is residing.

    (c) REGISTRATION FOR 10 YEARS- A person required to register under this section shall continue to comply with this section until 10 years have elapsed since the person was released from imprisonment, or placed on parole or supervised release.

    (d) 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 such State. It is the sense of Congress that such penalties should include at least 6 months imprisonment.

    (e) PRIVATE DATA- The information provided under this section is private data on individuals and may be used for law enforcement purposes and confidential background checks conducted with fingerprints by a designated State law enforcement agency for child care services providers.

SEC. 823. STATE COMPLIANCE.

    (a) COMPLIANCE DATE- Each State shall have 3 years from the date of enactment of this Act in which to implement the provisions of this subtitle.

    (b) INELIGIBILITY FOR FUNDS- The allocation of funds under section 506 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756) received by a State not complying with this subtitle 3 years after the date of enactment of this Act shall be reduced by 10 percent and the unallocated funds shall be reallocated to the States in compliance with this section.

Subtitle D--Child Pornography

SEC. 824. 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, 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. 825. 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.

Subtitle E--Rules of Evidence, Practice and Procedure

SEC. 831. ADMISSIBILITY OF EVIDENCE OF SIMILAR CRIMES IN SEX OFFENSE CASES.

    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 Concerning Sexual Assault or Child Molestation

    ‘(a) In a civil case in which a claim for damages or other relief is predicated on a party’s alleged commission of conduct constituting an offense of sexual assault or child molestation, evidence of that party’s commission of another offense or offenses of sexual assault or child molestation is admissible and may be considered as provided in Rule 413 and Rule 414 of these rules.

    ‘(b) A party who intends to offer evidence under this Rule shall disclose the evidence to the party against whom it will be offered, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered, at least fifteen days before the scheduled date of trial or at such later time as the court may allow for good cause.

    ‘(c) This rule shall not be construed to limit the admission or consideration of evidence under any other rule.’

Subtitle F--Sexually Violent Predators

SEC. 841. SHORT TITLE.

    This subtitle may be cited as the ‘Sexually Violent Predators Act’.

SEC. 842. FINDINGS.

    Congress finds that--

      (1) there exists a small but extremely dangerous group of sexually violent persons who do not have a mental disease or defect;

      (2) persons who are sexually violent predators generally have antisocial personality features that--

        (A) are not amenable to mental illness treatment modalities in existence on the date of enactment of this Act; and

        (B) render the persons likely to engage in sexually violent behavior;

      (3) the likelihood that sexually violent predators will repeat acts of predatory sexual violence is high; and

      (4) the prognosis for curing sexually violent predators is poor and the treatment needs of the population of the predators are very long-term.

SEC. 843. DEFINITIONS.

    As used in this subtitle:

      (1) MENTAL ABNORMALITY- 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 the 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.

      (2) PREDATORY- The term ‘predatory’, with respect to an act, means an act directed towards a stranger, or a person with whom a relationship has been established or promoted, for the primary purpose of victimization.

      (3) SEXUALLY VIOLENT OFFENSE- The term ‘sexually violent offense’ means an act that is a violation of title 18, United States Code or State criminal code that--

        (A) involves the use or attempted or threatened use of physical force against the person or property of another person; and

        (B) is determined beyond a reasonable doubt to be sexually motivated.

      (4) SEXUALLY VIOLENT PREDATOR- 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.

SEC. 844. ESTABLISHMENT OF PROGRAM.

    (a) IN GENERAL-

      (1) STATE GUIDELINES- In accordance with this section, the Attorney General shall establish guidelines for State programs to require a sexually violent predator to register a current address with a designated State law enforcement agency upon release from prison, being placed on parole, or being placed on supervised release. The Attorney General shall approve each State program that complies with the guidelines.

      (2) STATE COMPLIANCE-

        (A) IMPLEMENTATION DATE- A State that does not implement a program described in paragraph (1) by the date that is 3 years after the date of enactment of this Act, and maintain the implementation thereafter, shall be ineligible for funds in accordance with subparagraph (B).

        (B) INELIGIBILITY FOR FUNDS-

          (i) IN GENERAL- A State that does not implement the program as described in subparagraph (A) 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. 3756).

          (ii) REALLOCATION OF FUNDS- Funds made available under clause (i) shall be reallocated, in accordance with such section, to such States as implement the program as described in subparagraph (A).

    (b) REGISTRATION REQUIREMENT UPON RELEASE, PAROLE, OR SUPERVISED RELEASE-

      (1) IN GENERAL- An approved State program established in accordance with this section shall contain the requirements described in this section.

      (2) DETERMINATION- The determination that a person is a ‘sexually violent predator’ and the determination that a person is no longer a ‘sexually violent predator’ shall be made by the sentencing court after receiving a report by a board of experts on sexual offenses. Each State shall establish a board composed of experts in the field of the behavior and treatment of sexual offenders.

      (3) NOTIFICATION- If a person who is required to register under this section is anticipated to be released from prison, paroled, or placed on supervised release, a State prison officer shall, not later than 90 days before the anticipated date of the release or commencement of the parole--

        (A) inform the person of the duty to register;

        (B) 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 not later than 10 days after the change of address;

        (C) 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; and

        (D) require the person to read and sign a form stating that the duty of the person to register under this section has been explained.

      (4) TRANSFER OF INFORMATION TO STATE AND THE FBI- Not later than 3 days after the receipt of the information described in paragraph (2), the officer shall forward the information to a designated State law enforcement agency. As soon as practicable after the receipt of the information by the State law enforcement agency, the agency shall--

        (A) enter the information into the appropriate State law enforcement record system and notify the appropriate law enforcement agency that has jurisdiction over the area in which the person expects to reside; and

        (B) transmit the information to the Identification Division of the Federal Bureau of Investigation.

      (5) QUARTERLY VERIFICATION-

        (A) MAILING TO PERSON- Not less than every 90 days after the date of the release or commencement of parole of a person under paragraph (2), the designated State law enforcement agency shall mail a nonforwardable verification form to the last reported address of the person.

        (B) RETURN OF VERIFICATION FORM-

          (i) IN GENERAL- The person shall return, by mail, the verification form to the agency not later than 10 days after the receipt of the form. The verification form shall be signed by the person, and shall state that the person continues to reside at the address last reported to the designated State law enforcement agency.

          (ii) FAILURE TO RETURN- If the person fails to mail the verification form to the designated State law enforcement agency by the date that is 10 days after the receipt of the form by the person, the person shall be in violation of this section unless the person proves that the person has not changed the residence address of the person.

      (6) NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGES IN ADDRESSES- Any change of address by a person required to register under this section that is reported to the designated State law enforcement agency shall as soon as practicable be reported to the appropriate law enforcement agency that has jurisdiction over the area in which the person is residing.

      (7) PENALTY- A person required to register under a State program established pursuant to this section who knowingly fails to register and keep the registration current shall be subject to criminal penalties in the State. It is the sense of Congress that the penalties should include imprisonment for not less than 180 days.

      (8) TERMINATION OF OBLIGATION TO REGISTER- The obligation of a person to register under this section shall terminate on a determination made in accordance with the provision of paragraph (2) of this section 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) COMMUNITY NOTIFICATION- The designated State law enforcement agency may release relevant information that is necessary to protect the public concerning a specific sexually violent predator required to register under this section.

    (d) IMMUNITY FOR GOOD FAITH CONDUCT- Law enforcement agencies, employees of law enforcement agencies, and State officials shall be immune from liability for any good faith conduct under this section.

TITLE IX--CRIME VICTIMS

Subtitle A--Victims’ Rights

SEC. 901. VICTIM’S RIGHT OF ALLOCUTION IN SENTENCING.

    Rule 32 of the Federal Rules of Criminal Procedure is amended by--

      (1) striking ‘and’ following the semicolon in subdivision (a)(1)(B);

      (2) striking the period at the end of subdivision (a)(1)(C) and inserting in lieu thereof ‘; and’;

      (3) inserting after subdivision (a)(1)(C) the following:

        ‘(D) 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 and to present any information in relation to the sentence.’;

      (4) in the second to last sentence of subdivision (a)(1), striking ‘equivalent opportunity’ and inserting in lieu thereof ‘opportunity equivalent to that of the defendant’s counsel’;

      (5) in the last sentence of subdivision (a)(1) inserting ‘the victim,’ before ‘or the attorney for the Government.’; and

      (6) adding at the end the following:

    ‘(f) DEFINITIONS- For purposes of this rule--

      ‘(1) ‘victim’ means any individual against whom an offense for which a sentence is to be imposed has been committed, but the right of allocution under subdivision (a)(1)(D) may be exercised instead by--

        ‘(A) a parent or legal guardian in case the victim is below the age of eighteen years or incompetent; or

        ‘(B) one or more family members or relatives designated by the court in case 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.’.

SEC. 902. MANDATORY RESTITUTION AND OTHER PROVISIONS.

    (a) ORDER OF RESTITUTION- Section 3663 of title 18, United States Code, is amended--

      (1) in subsection (a)--

        (A) by striking ‘may order’ and inserting ‘shall order’; and

        (B) by adding at the end the following new paragraph:

    ‘(4) In addition to ordering restitution of the victim of the offense of which a defendant is convicted, a court may order restitution of any person who, as shown by a preponderance of evidence, was harmed physically, emotionally, or pecuniarily, by unlawful conduct of the defendant during--

      ‘(A) the criminal episode during which the offense occurred; or

      ‘(B) the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense.’;

      (2) in subsection (b)(1)(A) by striking ‘impractical’ and inserting ‘impracticable’;

      (3) in subsection (b)(2) by inserting ‘emotional or’ after ‘resulting in’;

      (4) in subsection (b)--

        (A) by striking ‘and’ at the end of paragraph (3);

        (B) by redesignating paragraph (4) as paragraph (5); and

        (C) by inserting after paragraph (4) the following new paragraph:

      ‘(4) in any case, reimburse the victim for 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’.

      (5) in subsection (c) by striking ‘If the Court decides to order restitution under this section, the’ and inserting ‘The’;

      (6) by striking subsections (d), (e), (f), (g), and (h); and

      (7) by adding at the end the following new subsections:

    ‘(d)(1) The court shall order restitution to a victim in the full amount of the victim’s losses as determined by the court and without consideration of--

      ‘(A) the economic circumstances of the offender; or

      ‘(B) the fact that a victim has received or is entitled to receive compensation with respect to a loss from insurance or any other source.

    ‘(2) Upon determination of the amount of restitution owed to each victim, the court shall specify in the restitution order the manner in which and the schedule according to which the restitution is to be paid, in consideration of--

      ‘(A) the financial resources and other assets of the offender;

      ‘(B) projected earnings and other income of the offender; and

      ‘(C) any financial obligations of the offender, including obligations to dependents.

    ‘(3) A restoration order may direct the offender to make a single, lump-sum payment, partial payment at specified intervals, or such in-kind payments as may be agreeable to the victim and the offender.

    ‘(4) An in-kind payment described in paragraph (3) may be in the form of--

      ‘(A) return of property;

      ‘(B) replacement of property; or

      ‘(C) services rendered to the victim or to a person or organization other than the victim.

    ‘(e) 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.

    ‘(f) 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.

    ‘(g)(1) If the victim has received or is entitled to receive compensation with respect to a loss from insurance or any other source, the court shall order that restitution be paid to the person who provided or is obligated to provide the compensation, but the restitution order shall provide that all restitution of victims required by the order be paid to the victims before any restitution is paid to such a provider of compensation.

    ‘(2) 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, at which time a person that has provided compensation to the victim shall be entitled to receive any payments remaining to be paid under the restitution order.

    ‘(3) Any amount paid to a victim under an order of restitution shall be set off against any amount later recovered as compensatory damages by the victim in--

      ‘(A) any Federal civil proceeding; and

      ‘(B) any State civil proceeding, to the extent provided by the law of the State.

    ‘(h) A restitution order shall provide that--

      ‘(1) all fines, penalties, costs, restitution payments and other forms of transfers of money or property made pursuant to the sentence of the court shall be made by the offender to an entity designated by the Director of the Administrative Office of the United States Courts for accounting and payment by the entity in accordance with this subsection;

      ‘(2) the entity designated by the Director of the Administrative Office of the United States Courts shall--

        ‘(A) log all transfers in a manner that tracks the offender’s obligations and the current status in meeting those obligations, unless, after efforts have been made to enforce the restitution order and it appears that compliance cannot be obtained, the court determines that continued recordkeeping under this subparagraph would not be useful;

        ‘(B) notify the court and the interested parties when an offender is 90 days in arrears in meeting those obligations; and

      ‘(3) the offender shall advise the entity designated by the Director of the Administrative Office of the United States Courts of any change in the offender’s address during the term of the restitution order.

    ‘(i) A restitution order shall constitute a lien against all property of the offender and may be recorded in any Federal or State office for the recording of liens against real or personal property.

    ‘(j) Compliance with the schedule of payment and other terms of a restitution order shall be a condition of any probation, parole, or other form of release of an offender. If a defendant fails to comply with a restitution order, the court may revoke probation or a term of supervised release, modify the term or conditions of probation or a term of supervised release, hold the defendant in contempt of court, enter a restraining order or injunction, order the sale of property of the defendant, accept a performance bond, or take any other action necessary to obtain compliance with the restitution order. In determining what action to take, the court shall consider the defendant’s employment status, earning ability, financial resources, the willfulness in failing to comply with the restitution order, and any other circumstances that may have a bearing on the defendant’s ability to comply with the restitution order.

    ‘(k) An order of restitution may be enforced--

      ‘(1) by the United States--

        ‘(A) in the manner provided for the collection and payment of fines in subchapter (B) of chapter 229 of this title; or

        ‘(B) in the same manner as a judgment in a civil action; and

      ‘(2) by a victim named in the order to receive the restitution, in the same manner as a judgment in a civil action.

    ‘(l) 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.’.

    (b) PROCEDURE FOR ISSUING ORDER OF RESTITUTION- Section 3664 of title 18, United States Code, is amended--

      (1) by striking subsection (a);

      (2) by redesignating subsections (b), (c), (d), and (e) as subsections (a), (b), (c), and (d);

      (3) by amending subsection (a), as redesignated by paragraph (2), to read as follows:

    ‘(a) The court may order the probation service of the court to obtain information pertaining to the amount of loss sustained by any victim as a result of the offense, the financial resources of the defendant, the financial needs and earning ability of the defendant and the defendant’s dependents, and such other factors as the court deems appropriate. The probation service of the court shall include the information collected in the report of presentence investigation or in a separate report, as the court directs.’; and

      (4) by adding at the end thereof the following new subsection:

    ‘(e) 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.’.

SEC. 903. SENSE OF THE CONGRESS 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 Congress 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’s counsel 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. 911. AMOUNTS OF FUNDS FOR COSTS AND GRANTS.

    Section 1402(d)(2) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(2)) is amended--

      (1) by striking ‘and’ at the end of subparagraph (A);

      (2) by striking the period at the end of subparagraph (B) and inserting a semicolon; and

      (3) by adding at the end the following new subparagraphs:

        ‘(C) 1 percent shall be available for grants under section 1404(c); and

        ‘(D) 4.5 percent shall be available for grants as provided in section 1404A.’.

SEC. 912. 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:

    ‘(e) Notwithstanding any other provision of 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, then--

      ‘(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. 913. 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. 914. USE OF UNSPENT 1402(d)(2) MONEY.

    Section 1404(a)(1) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(a)(1)) is amended--

      (1) by striking ‘or for the purpose of grants under section 1403 but not used for that purpose’; and

      (2) by adding at the end the following:

    ‘The Director, in the Director’s discretion, may use amounts made available under section 1402(d)(2) for the purposes of grants under section 1403 but not used for that purpose, for grants under this subsection, either in the year such amounts are not so used, or the next year.’.

SEC. 915. 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. 916. 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. 917. 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.’.

Subtitle C--Senior Citizens

SEC. 921. SHORT TITLE.

    This subtitle may be cited as the ‘National Triad Program Act’.

SEC. 922. FINDINGS.

    The Congress finds that--

      (1) senior citizens are among the most rapidly growing segments of our society;

      (2) currently, senior citizens comprise 15 percent of our society, and predictions are that by the turn of the century they will constitute 18 percent of our Nation’s population;

      (3) senior citizens find themselves uniquely situated in our society, environmentally and physically;

      (4) many senior citizens are experiencing increased social isolation due to fragmented and distant familial relations, scattered associations, limited access to transportation, and other insulating factors;

      (5) physical conditions such as hearing loss, poor eyesight, lessened agility, and chronic and debilitating illnesses often contribute to an older person’s susceptibility to criminal victimization;

      (6) senior citizens are too frequently the victims of abuse and neglect, violent crime, property crime, consumer fraud, medical quackery, and confidence games;

      (7) studies have found that senior citizens that are victims of violent crime are more likely to be injured and require medical attention than are younger victims;

      (8) victimization data on crimes against senior citizens are incomplete and out of date, and data sources are partial, scattered, and not easily obtained;

      (9) although a few studies have attempted to define and estimate the extent of abuse and neglect of senior citizens, both in their homes and in institutional settings, many experts believe that this crime is substantially underreported and undetected;

      (10) similarly, while some evidence suggests that senior citizens may be targeted in a range of fraudulent schemes, neither the Uniform Crime Report nor the National Crime Survey collects data on individual- or household-level fraud;

      (11) many law enforcement agencies do not have model practices for responding to the criminal abuse of senior citizens;

      (12) law enforcement officers and social service providers come from different disciplines and frequently bring different perspectives to the problem of crimes against senior citizens;

      (13) those differences, in turn, can contribute to inconsistent approaches to the problem and inhibit a genuinely effective response;

      (14) there are, however, a few efforts currently under way that seek to forge partnerships to coordinate criminal justice and social service approaches to victimization of senior citizens;

      (15) the Triad program, sponsored by the National Sheriffs’ Association (NSA), the International Association of Chiefs of Police (IACP), and the American Association of Retired Persons (AARP), is one such effort; and

      (16) recognizing that senior citizens have the same fundamental desire as other members of our society to live freely, without fear or restriction due to the criminal element, the Federal Government should seek to expand efforts to reduce crime against this growing and uniquely vulnerable segment of our population.

SEC. 923. PURPOSES.

    The purposes of this subtitle are--

      (1) to support a coordinated effort among law enforcement and social service agencies to stem the tide of violence against senior citizens and support media and nonmedia strategies aimed at increasing both public understanding of the problem and the senior citizens’ skills in preventing crime against themselves and their property; and

      (2) to address the problem of crime against senior citizens in a systematic and effective manner by promoting and expanding collaborative crime prevention programs, such as the Triad model, that assist law enforcement agencies and senior citizens in implementing specific strategies for crime prevention, victim assistance, citizen involvement, and public education.

SEC. 924. NATIONAL ASSESSMENT AND DISSEMINATION.

    (a) IN GENERAL- The Director of the National Institute of Justice shall, subject to the availability of appropriations, conduct a qualitative and quantitative national assessment of--

      (1) the nature and extent of crimes committed against senior citizens and the effect of such crimes on the victims;

      (2) the numbers, extent, and impact of violent crimes and nonviolent crimes (such as frauds and ‘scams’) against senior citizens and the extent of unreported crime;

      (3) the collaborative needs of law enforcement, health, and social service organizations, focusing on prevention of crimes against senior citizens, to identify, investigate, and provide assistance to victims of those crimes; and

      (4) the development and growth of strategies to respond effectively to the matters described in paragraphs (1), (2), and (3).

    (b) MATTERS TO BE ADDRESSED- The national assessment made pursuant to subsection (a) shall address--

      (1) the analysis and synthesis of data from a broad range of sources in order to develop accurate information on the nature and extent of crimes against senior citizens, including identifying and conducting such survey and other data collection efforts as are needed and designing a strategy to keep such information current over time;

      (2) institutional and community responses to elderly victims of crime, focusing on the problems associated with fear of victimization, abuse of senior citizens, and hard-to-reach senior citizens who are in poor health, are living alone or without family nearby, or living in high crime areas;

      (3) special services and responses required by elderly victims;

      (4) whether the experience of senior citizens with some service organizations differs markedly from that of younger populations;

      (5) the kinds of programs that have proven useful in reducing victimization of senior citizens through crime prevention activities and programs;

      (6) the kinds of programs that contribute to successful coordination among public sector agencies and community organizations in reducing victimization of senior citizens; and

      (7) the research agenda needed to develop a comprehensive understanding of the problems of crimes against senior citizens, including the changes that can be anticipated in the crimes themselves and appropriate responses as the society increasingly ages.

    (c) AVOIDANCE OF DUPLICATION- In conducting the assessment under subsection (a), the Director of the National Institute of Justice shall draw upon the findings of existing studies and avoid duplication of efforts that have previously been made.

    (d) DISSEMINATION- Based on the results of the national assessment and analysis of successful or promising strategies in dealing with the problems described in subsection (b) and other problems, including coalition efforts such as the Triad programs described in sections 922 and 923, the Director of the National Institute of Justice shall disseminate the results through reports, publications, clearinghouse services, public service announcements, and programs of evaluation, demonstration, training, and technical assistance.

SEC. 925. PILOT PROGRAMS.

    (a) AWARDS- The Director of the Bureau of Justice Assistance shall, subject to the availability of appropriations, make grants to coalitions of local law enforcement agencies and senior citizens to assist in the development of programs and execute field tests of particularly promising strategies for crime prevention services and related services based on the concepts of the Triad model, which can then be evaluated and serve as the basis for further demonstration and education programs.

    (b) TRIAD COOPERATIVE MODEL- (1) Subject to paragraph (2), a pilot program funded under this section shall consist of the Triad cooperative model developed by the organizations described in section 922(15), which calls for the participation of the sheriff, at least 1 police chief, and a representative of at least 1 senior citizens’ organization within a county and may include participation by general service coalitions of law enforcement, victim service, and senior citizen advocate organizations.

    (2) If there is not both a sheriff and a police chief in a county or if the sheriff or a police chief do not participate, a pilot program funded under this section shall include in the place of the sheriff or police chief another key law enforcement official in the county such as a local prosecutor.

    (c) APPLICATION- A coalition or Triad program that desires to establish a pilot program under this section shall submit to the Director of the Bureau of Justice Assistance an application that includes--

      (1) a description of the community and its senior citizen population;

      (2) assurances that Federal funds received under this part shall be used to provide additional and appropriate education and services to the community’s senior citizens;

      (3) a description of the extent of involvement of each organizational component (chief, sheriff (or other law enforcement official), and senior organization representative) and focus of the Triad program;

      (4) a comprehensive plan including--

        (A) a description of the crime problems facing senior citizens and need for expanded law enforcement and victim assistance services;

        (B) a description of the types of projects to be developed or expanded;

        (C) a plan for an evaluation of the results of Triad endeavors;

        (D) a description of the resources (including matching funds, in-kind services, and other resources) available in the community to implement the Triad development or expansion;

        (E) a description of the gaps that cannot be filled with existing resources;

        (F) an explanation of how the requested grant will be used to fill those gaps; and

        (G) a description of the means and methods the applicant will use to reduce criminal victimization of older persons; and

      (5) funding requirements for implementing a comprehensive plan.

    (d) DISTRIBUTION OF AWARDS- The Director of the Bureau of Justice Assistance shall make awards--

      (1) to 17 Triad programs in counties with a population of less than 50,000;

      (2) to 17 Triad programs in counties with a population of at least 50,000 but less than 100,000; and

      (3) to 16 Triad programs in counties with a population of 100,000 or more.

    (e) POST-GRANT PERIOD REPORT- A grant recipient under this section shall, not later than 6 months after the conclusion of the grant period, submit to the Director of the Bureau of Justice Assistance a report that--

      (1) describes the composition of organizations that participated in the pilot program;

      (2) identifies problem areas encountered during the course of the pilot program;

      (3) provides data comparing the types and frequency of criminal activity before and after the grant period and the effect of such criminal activity on senior citizens in the community; and

      (4) describes the grant recipient’s plans and goals for continuance of the Triad program after the grant period.

SEC. 926. TRAINING ASSISTANCE, EVALUATION, AND DISSEMINATION AWARDS.

    In conjunction with the national assessment under section 924--

      (1) the Director of the Bureau of Justice Assistance shall make awards to organizations with demonstrated ability to provide training and technical assistance in establishing crime prevention programs based on the Triad model, for purposes of aiding in the establishment and expansion of pilot programs under this section; and

      (2) the Director of the National Institute of Justice shall make awards to research organizations, for the purposes of--

        (A) evaluating the effectiveness of selected pilot programs; and

        (B) conducting the research and development identified through the national assessment as being critical; and

      (3) the Director of the Bureau of Justice Assistance shall make awards to public service advertising coalitions, for the purposes of mounting a program of public service advertisements to increase public awareness and understanding of the issues surrounding crimes against senior citizens and promoting ideas or programs to prevent them.

SEC. 927. REPORT.

    The Director of the Bureau of Justice Assistance and the Director of the National Institute of Justice shall submit to Congress an annual report (which may be included with the report submitted under section 102(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712(b)) describing the results of the pilot programs conducted under section 925.

SEC. 928. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated--

      (1) $2,000,000 to the Bureau of Justice Assistance for the purpose of making Triad pilot program awards in that amount under section 925;

      (2) $1,000,000 to the Bureau of Justice Assistance for the purpose of funding the national training and technical assistance effort under sections 924 and 926;

      (3) $1,000,000 to the Bureau of Justice Assistance for the purpose of developing public service announcements under sections 924 and 926;

      (4) $2,000,000 to the National Institute of Justice for the purposes of conducting the national assessment, evaluation pilot programs, and carrying out the research agenda under sections 924 and 926; and

      (5) to the extent that funds are not otherwise available for the purpose, such sums as are necessary to pay the administrative costs of carrying out this subtitle.

TITLE X--STATE AND LOCAL LAW ENFORCEMENT

Subtitle A--DNA Identification

SEC. 1001. SHORT TITLE.

    This subtitle may be cited as the ‘DNA Identification Act of 1993’.

SEC. 1002. 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)) 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) 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 1003 of the DNA Identification Act of 1993;

        ‘(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 1003 of the DNA Identification Act of 1993.’.

    (c) DNA IDENTIFICATION GRANTS-

      (1) PART X- Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 2802(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 Director 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 Director may require.

‘SEC. 2403. APPLICATION REQUIREMENTS.

    ‘No grant may be made under this part unless an application has been submitted to the Director 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 1003 of the DNA Identification Act of 1993.

      ‘(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; and

        ‘(D) to others, 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 1003 of the DNA Identification Act of 1993.

‘SEC. 2404. ADMINISTRATIVE PROVISIONS.

    ‘(a) REGULATION AUTHORITY- The Director 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 Director 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 Director shall 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 DIRECTOR- Each State or unit of local government which receives a grant under this part shall submit to the Director, 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 Director 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 Director 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 Director 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 Director may require to facilitate an effective audit.

    ‘(b) ACCESS- The Director, 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 Director, 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 2802(c), is amended by striking the matter relating to part W 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 2802(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:

      ‘(18) There are authorized to be appropriated to carry out part X $5,000,000 for each of fiscal years 1994, 1995, 1996, 1997, 1998, and 1999.’.

      (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. 1003. 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 an appropriate entity for establishing 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 Director of the Bureau of Justice Assistance may 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 Y of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 to carry out this subsection.

SEC. 1004. 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 1003;

      (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 1003; 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- The exchange of records authorized by this section is subject to cancellation if the quality control and privacy requirements described in subsection (b) are not met.

SEC. 1005. 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 1003.

      (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) willfully discloses such information in any manner to any person or agency not entitled to receive it,

    shall be fined not more than $100,000.

    (2) A person who, without authorization, willfully 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. 1006. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Federal Bureau of Investigation to carry out sections 1003, 1004, and 1005 $4,500,000 for each of fiscal years 1994, 1995, 1996, 1997, 1998, and 1999.

Subtitle B--Department of Justice Community Substance Abuse Prevention

SEC. 1011. SHORT TITLE.

    This section may be cited as the ‘Department of Justice Community Substance Abuse Prevention Act of 1993’.

SEC. 1012. COMMUNITY PARTNERSHIPS.

    (a) IN GENERAL- Part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following new subpart:

‘Subpart 4--Community Coalitions on Substance Abuse

‘GRANTS TO COMBAT SUBSTANCE ABUSE

    ‘SEC. 531. (a) DEFINITION- As used in this section, the term ‘eligible coalition’ means an association, consisting of at least 7 organizations, agencies, and individuals that are concerned about preventing substance abuse, that shall include--

      ‘(1) public and private organizations and agencies that represent law enforcement, schools, health and social service agencies, and community-based organizations; and

      ‘(2) representatives of 3 of the following groups: the clergy, academia, business, parents, youth, the media, civic and fraternal groups, or other nongovernmental interested parties.

    ‘(b) GRANT PROGRAM- The Attorney General, acting through the Director of the Bureau of Justice Assistance, and the appropriate State agency, may make grants to eligible coalitions in order to--

      ‘(1) plan and implement comprehensive long-term strategies for substance abuse prevention;

      ‘(2) develop a detailed assessment of existing substance abuse prevention programs and activities to determine community resources and to identify major gaps and barriers in such programs and activities;

      ‘(3) identify and solicit funding sources to enable such programs and activities to become self-sustaining;

      ‘(4) develop a consensus regarding the priorities of a community concerning substance abuse;

      ‘(5) develop a plan to implement such priorities; and

      ‘(6) coordinate substance abuse services and activities, including prevention activities in the schools or communities and substance abuse treatment programs.

    ‘(c) COMMUNITY PARTICIPATION- In developing and implementing a substance abuse prevention program, a coalition receiving funds under subsection (b) shall--

      ‘(1) emphasize and encourage substantial voluntary participation in the community, especially among individuals involved with youth such as teachers, coaches, parents, and clergy; and

      ‘(2) emphasize and encourage the involvement of businesses, civic groups, and other community organizations and members.

    ‘(d) APPLICATION- An eligible coalition shall submit an application to the Attorney General and the appropriate State agency in order to receive a grant under this section. Such application shall--

      ‘(1) describe and, to the extent possible, document the nature and extent of the substance abuse problem, emphasizing who is at risk and specifying which groups of individuals should be targeted for prevention and intervention;

      ‘(2) describe the activities needing financial assistance;

      ‘(3) identify participating agencies, organizations, and individuals;

      ‘(4) identify the agency, organization, or individual that has responsibility for leading the coalition, and provide assurances that such agency, organization or individual has previous substance abuse prevention experience;

      ‘(5) describe a mechanism to evaluate the success of the coalition in developing and carrying out the substance abuse prevention plan referred to in subsection (b)(5) and to report on such plan to the Attorney General on an annual basis; and

      ‘(6) contain such additional information and assurances as the Attorney General and the appropriate State agency may prescribe.

    ‘(e) PRIORITY- In awarding grants under this section, the Attorney General and the appropriate State agency shall give priority to a community that--

      ‘(1) provides evidence of significant substance abuse;

      ‘(2) proposes a comprehensive and multifaceted approach to eliminating substance abuse;

      ‘(3) encourages the involvement of businesses and community leaders in substance abuse prevention activities;

      ‘(4) demonstrates a commitment and a high priority for preventing substance abuse; and

      ‘(5) demonstrates support from the community and State and local agencies for efforts to eliminate substance abuse.

    ‘(f) REVIEW- Each coalition receiving money pursuant to the provisions of this section shall submit an annual report to the Attorney General, and the appropriate State agency, evaluating the effectiveness of the plan described in subsection (b)(5) and containing such additional information as the Attorney General, or the appropriate State agency, may prescribe. The Attorney General, in conjunction with the Director of the Bureau of Justice Assistance, and the appropriate State agency, shall submit an annual review to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives. Such review shall--

      ‘(1) evaluate the grant program established in this section to determine its effectiveness;

      ‘(2) implement necessary changes to the program that can be done by the Attorney General; and

      ‘(3) recommend any statutory changes that are necessary.

    ‘(g) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section $15,000,000 for fiscal year 1995, $20,000,000 for fiscal year 1996, and $25,000,000 for fiscal year 1997.’.

    (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 inserting after the item relating to section 522 the following:

‘subpart 4--community coalition on substance abuse

      ‘Sec. 531. Grants to combat substance abuse.’.

Subtitle C--Racial and Ethnic Bias Study Grants

SEC. 1021. STUDY GRANTS.

    (a) FINDINGS- The Congress finds that--

      (1) equality under law is tested most profoundly by whether a legal system tolerates race playing a role in the criminal justice system; and

      (2) States should examine their criminal justice systems in order to ensure that racial and ethnic bias has no part in such criminal justice systems.

    (b) AUTHORIZATION OF GRANT PROGRAM-

      (1) IN GENERAL- The Attorney General, acting through the Bureau of Justice Assistance, may make grants to States that have established by State law or by the court of last resort a plan for analyzing the role of race in that State’s criminal justice system. Such plan shall include recommendations designed to correct any findings that racial and ethnic bias plays such a role.

      (2) CRITERIA FOR GRANTS- Grants under this subsection shall be awarded based upon criteria established by the Attorney General. In establishing the criteria, the Attorney General shall take into consideration the population of the respective States, the racial and ethnic composition of the population of the States, whether the State plan expressly considers the role of race in procedures for jury selection in the State, and the crime rates of the States.

      (3) REPORTS BY STATES- Recipients of grants under this subsection shall report the findings and recommendations of studies funded by grants under this subsection to the Congress within reasonable time limits established by the Attorney General.

      (4) REIMBURSEMENT OF STATES- Grants may be made to reimburse States for work started prior to the date of enactment of this Act.

    (c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 1995, 1996, 1997, 1998, and 1999.

Subtitle D--Improved Training and Technical Automation

SEC. 1031. IMPROVED TRAINING AND TECHNICAL AUTOMATION.

    (a) GRANTS-

      (1) IN GENERAL- The Attorney General shall, subject to the availability of appropriations, make grants to units of State and local law enforcement for the purposes of improving law enforcement 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;

        (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 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 is authorized to be appropriated for fiscal year 1994--

      (1) $100,000,000 to carry out subsection (a);

      (2) $40,000,000 to carry out subsection (b)(1)(A); and

      (3) $10,000,000 to carry out subsection (b)(2)(B).

TITLE XI--PROVISIONS RELATING TO POLICE OFFICERS

Subtitle A--Law Enforcement Family Support

SEC. 1101. 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 309(b)(1), is amended--

      (1) by redesignating part S as part T;

      (2) by redesignating section 1901 as 2001; and

      (3) by inserting after part R the following new part:

‘PART S--FAMILY SUPPORT

‘SEC. 1901. DUTIES OF DIRECTOR.

    ‘The Director 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 Bureau and by grant recipients.

‘SEC. 1902. GENERAL AUTHORIZATION.

    ‘The Director 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. 1903. 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) Provide 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. 1904. APPLICATIONS.

    ‘A law enforcement agency or organization desiring to receive a grant under this part shall submit to the Director an application at such time, in such manner, and containing or accompanied by such information as the Director 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 Director 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. 1905. AWARD OF GRANTS; LIMITATION.

    ‘(a) GRANT DISTRIBUTION- In approving grants under this part, the Director 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 Director 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 Director shall review the progress made toward meeting the objectives of the program. The Director may refuse to award a grant if the Director 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 10 percent of grant funds received by a State or a local law enforcement agency or organization may be used for administrative purposes.

‘SEC. 1906. DISCRETIONARY RESEARCH GRANTS.

    ‘The Director 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 Director.

‘SEC. 1907. REPORTS.

    ‘(a) REPORT FROM GRANT RECIPIENTS- A State or local law enforcement agency or organization that receives a grant under this part shall submit to the Director 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.

    ‘(b) REPORT FROM DIRECTOR- (1) The Director shall submit to the Congress a report not later than March 31 of each fiscal year.

    ‘(2) Such report shall contain--

      ‘(A) a description of the types of projects developed or improved through funds received under this part;

      ‘(B) a description of exemplary projects and activities developed;

      ‘(C) a designation of the family relationship to the law enforcement personnel of individuals served; and

      ‘(D) the number of individuals served in each location and throughout the country.

‘SEC. 1908. 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 309(b)(2), is amended by striking the matter relating to part R and inserting the following:

‘Part S--Family Support

      ‘Sec. 1901. Duties of director.

      ‘Sec. 1902. General authorization.

      ‘Sec. 1903. Uses of funds.

      ‘Sec. 1904. Applications.

      ‘Sec. 1905. Award of grants; limitation.

      ‘Sec. 1906. Discretionary research grants.

      ‘Sec. 1907. Reports.

      ‘Sec. 1908. Definitions.

‘Part V--Transition; Effective Date; Repeals

      ‘Sec. 2001. 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 309(b)(3), is amended--

      (1) in paragraph (3) by striking ‘and R’ and inserting ‘R, and S’; and

      (2) by adding at the end the following new paragraph:

    ‘(13) There are authorized to be appropriated to carry out part U $5,000,000 for each of fiscal years 1995, 1996, 1997, 1998, and 1999. Not more than 20 percent of such funds may be used to accomplish the duties of the Director under that part, including administrative costs, research, and training programs.’.

Subtitle B--Police Pattern or Practice

SEC. 1111. 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. 1112. DATA ON USE OF EXCESSIVE FORCE.

    (a) ATTORNEY GENERAL TO COLLECT- The Attorney General shall, through the victimization surveys conducted by the Bureau of Justice Statistics, 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 C--Police Corps and Law Enforcement Officers Training and Education

CHAPTER 1--POLICE CORPS

SEC. 1121. SHORT TITLE.

    This chapter may be cited as the ‘Police Corps Act’.

SEC. 1122. PURPOSES.

    The purposes of this chapter 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. 1123. DEFINITIONS.

    In this chapter--

      ‘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 1124.

      ‘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 306.

      ‘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 1130.

SEC. 1124. ESTABLISHMENT OF OFFICE OF THE POLICE CORPS AND LAW ENFORCEMENT EDUCATION.

    (a) ESTABLISHMENT- 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.

    (b) APPOINTMENT OF DIRECTOR- The Office of the Police Corps and Law Enforcement Education shall be headed by a Director who shall be appointed by the President, by and with the advice and consent of the Senate.

    (c) RESPONSIBILITIES OF DIRECTOR- The Director shall be responsible for the administration of the Police Corps program established by this chapter and shall have authority to promulgate regulations to implement this chapter.

SEC. 1125. 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 chapter 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 chapter;

      (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 1130.

SEC. 1126. 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 8, 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 1128; 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. 1127. 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 1130(c)(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 1129, and such a participant shall be subject to the same benefits and obligations under this chapter 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 9, such as for purposes of determining such a participant’s pay and other benefits, rank, and tenure.

    (3) It is the intent of this chapter 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. 1128. 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 chapter.

    (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. 1129. SERVICE OBLIGATION.

    (a) SWEARING IN- Upon satisfactory completion of the participant’s course of education and training program established in section 1128 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 1126, 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 1126(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 1126, 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 1126(d)(1)(B)(iii) shall not apply.

SEC. 1130. 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 1127;

      (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. 1131. 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 1129 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 1129.

SEC. 1132. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this chapter--

      (1) $100,000,000 for fiscal year 1995 and $250,000,000 for fiscal year 1996; and

      (2) such sums as are necessary for each of fiscal years 1997, 1998, and 1999.

SEC. 1133. 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.

CHAPTER 2--LAW ENFORCEMENT SCHOLARSHIP PROGRAM

SEC. 1141. SHORT TITLE.

    This chapter may be cited as the ‘Law Enforcement Scholarships and Recruitment Act’.

SEC. 1142. DEFINITIONS.

    In this chapter--

      ‘Director’ means the Director of the Bureau of Justice Assistance.

      ‘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. 1143. ALLOTMENT.

    From amounts appropriated under section 1150, 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 title in the State compared to the shortage of law enforcement personnel and the need for assistance under this title in all States.

SEC. 1144. ESTABLISHMENT OF PROGRAM.

    (a) USE OF ALLOTMENT-

      (1) IN GENERAL- A State that receives an allotment pursuant to section 1143 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- The Secretary shall pay to each State that receives an allotment under section 1143 the Federal share of the cost of the activities described in the application submitted pursuant to section 1147.

      (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 chapter 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 title and shall, in consultation with the Assistant Secretary for Postsecondary Education, issue rules to implement this title.

    (d) ADMINISTRATIVE EXPENSES- A State that receives an allotment under section 1143 may reserve not more than 8 percent of the allotment for administrative expenses.

    (e) SPECIAL RULE- A State that receives an allotment under section 1143 shall ensure that each scholarship recipient under this title 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 chapter shall only be used to supplement, and not to supplant, Federal, State, or local efforts for recruitment and education of law enforcement personnel.

SEC. 1145. SCHOLARSHIPS.

    (a) PERIOD OF AWARD- Scholarships awarded under this chapter shall be for a period of 1 academic year.

    (b) USE OF SCHOLARSHIPS- Each individual awarded a scholarship under this chapter may use the scholarship for educational expenses at an institution of higher education.

SEC. 1146. ELIGIBILITY.

    (a) SCHOLARSHIPS- A person shall be eligible to receive a scholarship under this chapter 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 chapter.

SEC. 1147. STATE APPLICATION.

    (a) IN GENERAL- Each State desiring an allotment under section 1143 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 title 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 chapter;

      (3) contain assurances that the State will advertise the scholarship assistance and student employment it will provide under this chapter 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 chapter;

      (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 chapter;

      (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. 1148. LOCAL APPLICATION.

    (a) IN GENERAL- A person who desires a scholarship or employment under this chapter 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 chapter, 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. 1149. SCHOLARSHIP AGREEMENT.

    (a) IN GENERAL- A person who receives a scholarship under this chapter 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 title 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. 1150. AUTHORIZATION OF APPROPRIATIONS.

    (a) GENERAL AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this chapter $30,000,000 for each of fiscal years 1995, 1996, 1997, 1998, and 1999.

    (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 1144(a)(1)(A); and

      (2) 20 percent shall be available to provide employment described in sections 1144(a)(1)(B) and 1144(a)(2).

TITLE XII--DRUG COURT PROGRAMS

SEC. 1201. COORDINATED ADMINISTRATION OF PROGRAMS.

    (a) APPLICATION- The Attorney General may establish a unified or coordinated process for applying for grants under parts T, U, and V of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by this title. In addition to any other requirements that may be specified by the Attorney General, an application for a grant under any provision of this title 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 and local sources of funding that would otherwise be available;

      (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) specify plans for obtaining necessary support and continuing the proposed program following the conclusion of Federal support; and

      (7) certify that no violent offenders will be eligible or allowed to participate in the program authorized under part U.

    (b) REGULATORY AUTHORITY-

      (1) IN GENERAL- The Attorney General shall issue regulations and guidelines to carry out the programs authorized by this title, including specifications concerning application requirements, selection criteria, duration and renewal of grants, evaluation requirements, matching funds, limitation of administrative expenses, submission of reports by grantees, recordkeeping by grantees, and access to books, records, and documents maintained by grantees or other persons for purposes of audit or examination.

      (2) PROHIBITION OF PARTICIPATION BY VIOLENT OFFENDERS- The Attorney General shall--

        (A) issue regulations and guidelines to ensure that the programs authorized under part U of this title do not permit participation by violent offenders; and

        (B) immediately suspend funding for any grant under this title if the Attorney General finds that violent offenders are participating in any program funded under part U.

    (c) TECHNICAL ASSISTANCE AND EVALUATION- The Attorney General may provide technical assistance to grantees under the programs authorized by this title. The Attorney General may carry out, or arrange by grant or contract or otherwise for the carrying out of, evaluations or programs receiving assistance under the programs authorized by this title, in addition to any evaluations that grantees may be required to carry out pursuant to subsection (b).

    (d) USE OF COMPONENTS- The Attorney General may utilize any component or components of the Department of Justice in carrying out this section or other provisions of this title, or in coordinating activities under the programs authorized by this title.

    (e) GAO STUDY-

      (1) IN GENERAL- The Comptroller General of the United States shall study and assess the effectiveness and impact of grants authorized by this title and report to Congress the results of the study on or before January 1, 1997.

      (2) 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 paragraph (1), including the identities and criminal records of program participants.

      (3) CRITERIA- In assessing the effectiveness of the grants made under programs authorized by this title, the Comptroller General shall consider, among other things--

        (A) recidivism rates of program participants;

        (B) completion rates among program participants;

        (C) drug use by program participants; and

        (D) the costs of the program to the criminal justice system.

    (f) DEFINITION- In this title, ‘violent offender’ means a person charged with or convicted of an offense (or charged with or adjudicated as a delinquent by reason of conduct that, if engaged in by an adult would constitute an offense), during the course of which offense or conduct--

      (1) the person carried, possessed, or used a firearm or dangerous weapon;

      (2) there occurred the death of or serious bodily injury to any person; or

      (3) there occurred the use of force against the person of another

    without regard to whether any of the circumstances described in paragraph (1), (2), or (3) is an element of the offense or conduct of which or for which the person is charged, convicted, or adjudicated as a delinquent.

SEC. 1202. DRUG TESTING UPON ARREST.

    (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 1101(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--DRUG TESTING UPON ARREST

‘SEC. 2001. GRANT AUTHORIZATION.

    ‘The Director of the Bureau of Justice Assistance may make grants under this part to States, for the use by States and units of local government in the States, for the purpose of developing, implementing, or continuing a drug testing project when individuals are arrested, during the pretrial period or during participation in any pre- or post-conviction diversion program.

‘SEC. 2002. STATE APPLICATIONS.

    ‘(a) GENERAL REQUIREMENTS- To request a grant under this part the chief executive of a State shall submit an application to the Director in such form and containing such information as the Director may reasonably require.

    ‘(b) MANDATORY ASSURANCES- To be eligible to receive funds under this part, a State shall agree to develop or maintain programs of urinalysis or similar drug testing of individuals upon arrest during the pretrial period, or during participation in any pre- or post-conviction diversion program.

    ‘(c) CENTRAL 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. 2003. LOCAL APPLICATIONS.

    ‘(a) IN GENERAL- (1) 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 2002(c).

    ‘(2) An application under paragraph (1) shall be considered approved, in whole or in part, by the State not later than 90 days after such application is first received unless the State informs the applicant in writing of specific reasons for disapproval.

    ‘(3) The State shall not disapprove any application submitted to the State without first affording the applicant reasonable notice and an opportunity for reconsideration.

    ‘(4) If such application is approved, the unit of local government is eligible to receive such funds.

    ‘(b) DISTRIBUTION TO UNITS OF LOCAL GOVERNMENT- A State that receives funds under section 2001 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 90 days after the Bureau has approved the application submitted by the State and has made funds available to the State. The Director shall have the authority to waive the 90-day requirement in this section upon a finding that the State is unable to satisfy such requirement under State statutes.

‘SEC. 2004. 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 individuals arrested in such State bears to the number of individuals arrested in all the participating States.

    ‘(b) LOCAL DISTRIBUTION- (1) A State that receives funds under this part in a fiscal year shall distribute to units of local government in such State the portion of such funds that bears the same ratio to the aggregate amount of such funds as the amount of funds expended by all units of local government for criminal justice in the preceding fiscal year bears to the aggregate amount of funds expended by the State and all units of local government in the State for criminal justice in the preceding fiscal year.

    ‘(2) Any funds not distributed to units of local government under paragraph (1) shall be available for expenditure by such State for purposes specified in such State’s application.

    ‘(3) If the Director 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 2001, the Director shall award such funds to units of local government in such State giving priority to the units of local government that the Director considers to have the greatest need.

    ‘(c) 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 2002 for the fiscal year for which the projects receive assistance under this part.

    ‘(d) GEOGRAPHIC DISTRIBUTION- The Director shall attempt, to the extent practicable, to achieve an equitable geographic distribution of grant awards.

‘SEC. 2005. REPORT.

    ‘A State or unit of local government that receives funds under this part shall submit to the Director a report in March of each fiscal year that funds are received under this part regarding the effectiveness of the drug testing project.’.

    (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 1101(b), is amended by striking the matter relating to part T and inserting the following:

‘PART T--DRUG TESTING UPON ARREST

      ‘Sec. 2001. Grant authorization.

      ‘Sec. 2002. State applications.

      ‘Sec. 2003. Local applications.

      ‘Sec. 2004. Allocation and distribution of funds.

      ‘Sec. 2005. Report.

‘PART U--TRANSITION; EFFECTIVE DATE; REPEALER

      ‘Sec. 2101. Continuation of rules, authorities, and proceedings.’.

    (c) AUTHORIZATION OF APPROPRIATIONS- Section 1001(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), as amended by section 1101(c), 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:

    ‘(14) There are authorized to be appropriated to carry out the projects under part T $100,000,000 for each of fiscal years 1995, 1996, and 1997.’.

SEC. 1203. CERTAINTY OF 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 1202(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--ALTERNATIVE PUNISHMENTS FOR YOUNG NONVIOLENT OFFENDERS

‘SEC. 2101. GRANT AUTHORIZATION.

    ‘(a) IN GENERAL- The Director of the Bureau of Justice Assistance (referred to in this part as the ‘Director’) may make grants under this part to States, for the use by States and units of local government in the States, for the purpose of developing alternative methods of punishment for young nonviolent offenders to traditional forms of incarceration and probation.

    ‘(b) ALTERNATIVE METHODS- The alternative methods of punishment referred to in subsection (a) should ensure certainty of punishment for young nonviolent offenders and promote reduced recidivism, crime prevention, and assistance to victims, particularly for young nonviolent offenders who can be punished more effectively in an environment other than a traditional correctional facility, including--

      ‘(1) alternative sanctions that create accountability and certainty of punishment for young non-violent offenders;

      ‘(2) boot camp prison programs that provide assurances that appropriate aftercare services (such as educational and job training programs, drug counseling or treatment, parole or other post-release supervision programs, halfway house programs, job placement programs, and participation in self-help and peer group programs) will be made available;

      ‘(3) technical training and support for the implementation and maintenance of State and local restitution programs for young non-violent offenders;

      ‘(4) innovative projects;

      ‘(5) correctional options, such as community-based incarceration, weekend incarceration, and electric monitoring of offenders;

      ‘(6) community service programs that provide work service placement for young non-violent offenders at nonprofit, private organizations and community organizations;

      ‘(7) demonstration restitution projects that are evaluated for effectiveness; and

      ‘(8) innovative methods that address the problems of young non-violent offenders convicted of serious substance abuse, including alcohol abuse, and gang-related offenses, including technical assistance and training to counsel and treat such offenders.

‘SEC. 2102. STATE APPLICATIONS.

    ‘(a) IN GENERAL- To request a grant under this part, the chief executive of a State shall submit an application to the Director in such form and containing such information as the Director may reasonably require.

    ‘(b) ASSURANCES- An application under subsection (a) 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.

    ‘(c) STATE OFFICE- The office designated under section 507 shall--

      ‘(1) prepare the application as required under subsection (a); and

      ‘(2) 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. 2103. REVIEW OF STATE APPLICATIONS.

    ‘(a) IN GENERAL- The Director shall make a grant under section 2101(a) to carry out the projects described in the application submitted by an applicant under section 2102 upon determining that--

      ‘(1) the application is consistent with the requirements of this part; and

      ‘(2) before the approval of the application, the Director has made an affirmative finding in writing that the proposed project has been reviewed in accordance with this part.

    ‘(b) APPROVAL- An application submitted under section 2102 shall be considered approved, in whole or in part, by the Director not later than 45 days after it is first received unless the Director 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 2101(b) for young non-violent offenders.

    ‘(d) DISAPPROVAL NOTICE AND RECONSIDERATION- The Director shall not disapprove any application without first affording the applicant reasonable notice and an opportunity for reconsideration.

‘SEC. 2104. LOCAL APPLICATIONS.

    ‘(a) IN GENERAL- 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 507.

    ‘(b) APPROVAL- An application under paragraph (1) shall be considered approved, in whole or in part, by the State not later than 90 days after the application is first received unless the State informs the applicant in writing of specific reasons for disapproval.

    ‘(c) DISAPPROVAL- The State shall not disapprove any application submitted to the State without first affording the applicant reasonable notice and an opportunity for reconsideration.

    ‘(d) EFFECT OF APPROVAL- If an application under paragraph (1) is approved, the unit of local government is eligible to receive the requested funds.

    ‘(e) DISTRIBUTION TO UNITS OF LOCAL GOVERNMENT-

      ‘(1) IN GENERAL- A State that receives funds under section 2101 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 90 days after the Director has approved the application submitted by the State and has made funds available to the State.

      ‘(2) WAIVER- The Director may waive the 90-day requirement of paragraph (1) upon a finding that the State is unable to satisfy the requirement under State statutes.

‘SEC. 2105. 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 that bears the same ratio to the amount of remaining funds described in this paragraph as the number of young non-violent offenders of the State bears to the number of young non-violent 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 the State for the purposes specified in section 2101 the portion of such funds that bears the same ratio to the aggregate amount of such funds as the amount of funds expended by all units of local government for criminal justice in the preceding fiscal year bears to the aggregate amount of funds expended by the State and all units of local government in the State for criminal justice 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 the State for purposes specified in section 2101.

      ‘(3) AWARD OF FUNDS BY THE DIRECTOR- If the Director determines, on the basis of information available during any fiscal year, that a portion of the funds allocated to a State for a fiscal year will not be used by the State or that a State is not eligible to receive funds under section 2101, the Director shall award such funds to units of local government in the State, giving priority to the units of local government that the Director considers to have the greatest need.

    ‘(c) 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 2102(a) for the fiscal year for which the projects receive assistance under this part.

    ‘(d) GEOGRAPHIC DISTRIBUTION- The Director shall attempt, to the extent practicable, to achieve an equitable geographic distribution of grant awards.

‘SEC. 2106. EVALUATION.

    ‘(a) SUBMISSION-

      ‘(1) IN GENERAL- Each State and local unit of government that receives a grant under this part shall submit to the Director an evaluation not later than March 1 of each year in accordance with guidelines issued by the Director and in consultation with the National Institute of Justice.

      ‘(2) WAIVER- The Director may waive the requirement specified in paragraph (1) if the Director determines that an evaluation is not warranted in the case of a particular State or unit of local government.

    ‘(b) DISTRIBUTION- The Director shall make available to the public on a timely basis evaluations received under subsection (a).

    ‘(c) ADMINISTRATIVE COSTS- A State and local unit of 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 1202(b), is amended by striking the matter relating to part U and inserting the following:

‘Part U--Alternative Punishments for Young Non-Violent Offenders

      ‘Sec. 2101. Grant authorization.

      ‘Sec. 2102. State applications.

      ‘Sec. 2103. Review of State applications.

      ‘Sec. 2104. Local applications.

      ‘Sec. 2105. Allocation and distribution of funds.

      ‘Sec. 2106. Evaluation.

‘Part V--Transition; Effective Date; Repealer

      ‘Sec. 2201. 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 by adding at the end the following new paragraph:

      ‘(24) ‘young non-violent offender’ means a non-violent first-time offender or non-violent offender with a minor criminal record who is 25 years of age or younger.’.

    (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 1202(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:

    ‘(15) There are authorized to be appropriated to carry out the projects under part U $200,000,000 for each of fiscal years 1995, 1996, and 1997.’.

SEC. 1204. RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR PRISONERS.

    (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 1203(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--RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR PRISONERS

‘SEC. 2201. GRANT AUTHORIZATION.

    ‘The Director of the Bureau of Justice Assistance (referred to in this part as the ‘Director’) may make grants under this part to States, for the use by States for the purpose of developing and implementing residential substance abuse treatment programs within State correctional facilities, including residential substance abuse treatment programs for offenders who violate the terms of any post-conviction diversion program and who are committed to State correctional facilities.

‘SEC. 2202. 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 Director in such form and containing such information as the Director 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.

    ‘(b) DRUG TESTING REQUIREMENT- To be eligible to receive funds under this part, a State must agree to implement or continue to require urinalysis or similar 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 drug 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 prison 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 drug treatment program.

      ‘(3) To qualify as an aftercare program, the head of the drug treatment program, in conjunction with State and local authorities and organizations involved in drug treatment, shall assist in placement of drug treatment program participants with appropriate community drug treatment facilities when such individuals leave prison at the end of a sentence or on parole.

    ‘(d) 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. 2203. REVIEW OF STATE APPLICATIONS.

    ‘(a) IN GENERAL- The Bureau shall make a grant under section 2201 to carry out the projects described in the application submitted under section 2202 upon determining that--

      ‘(1) the application is consistent with the requirements of this part; and

      ‘(2) before the approval of the application the Bureau 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 2202 shall be considered approved, in whole or in part, by the Bureau not later than 90 days after first received unless the Bureau 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 Bureau shall not disapprove any application without first affording the applicant reasonable notice and an opportunity for reconsideration.

‘SEC. 2204. 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 that bears the same ratio to the amount of remaining funds described in this paragraph as the State prison population of the State bears to the total prison population of all of 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 2202 for the fiscal year for which the projects receive assistance under this part.

‘SEC. 2205. EVALUATION.

    ‘Each State that receives a grant under this part shall submit to the Director an evaluation not later than March 1 of each year in such form and containing such information as the Director 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 1203(b), is amended by striking the matter relating to part V and inserting the following:

‘Part V--Residential Substance Abuse Treatment for Prisoners

      ‘Sec. 2201. Grant authorization.

      ‘Sec. 2202. State applications.

      ‘Sec. 2203. Review of State applications.

      ‘Sec. 2204. Allocation and distribution of funds.

      ‘Sec. 2205. Evaluation.

‘Part W--Transition; Effective Date; Repealer

      ‘Sec. 2301. Continuation 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 2102(c), is amended by adding at the end the following new paragraph:

      ‘(25) ‘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 1202(d), 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:

    ‘(16) There are authorized to be appropriated to carry out projects under part V $100,000,000 for each of fiscal years 1995, 1996, and 1997.’.

TITLE XIII--PRISONS

Subtitle A--Federal Prisons

SEC. 1301. 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. 1302. 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 or in Federal penal institutions shall be accompanied by a prison impact statement, as defined in subsection (b) of this section.

    ‘(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 14 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. 1303. FEDERAL PRISONER DRUG TESTING.

    (a) SHORT TITLE- This title may be cited as the ‘Federal Prisoner Drug Testing Act of 1993’.

    (b) DRUG TESTING PROGRAM- (1) 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) of this title. There are authorized to be appropriated for each fiscal year such sums as are necessary to carry out this section.’.

    (2) The table of sections at the beginning of chapter 229 of title 18, United States Code, is amended by adding at the end the following:

      ‘3608. Drug testing of Federal offenders on post-conviction release.’.

    (c) 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. Notwithstanding the requirements of section 3565(b), the court shall consider the availability of appropriate substance abuse treatment programs when considering any action against a defendant who fails a drug test administered in accordance with paragraph (4).’.

    (d) CONDITIONS ON 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. Notwithstanding the requirements of section 3583(g), the court shall consider the availability of appropriate substance abuse treatment programs when considering any action against a defendant who fails a drug test.’.

    (e) 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. Notwithstanding the requirements of section 4214(f), the Commission shall consider the availability of appropriate substance abuse treatment programs when considering any action against a defendant who fails a drug test.’.

SEC. 1304. DRUG TREATMENT IN FEDERAL PRISONS.

    (a) SHORT TITLE- This section may be cited as the ‘Drug Treatment in Federal Prisons Act of 1993’.

    (b) DEFINITIONS- As used in this section--

      (1) 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--

        (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; and

      (2) the term ‘eligible prisoner’ means a prisoner who is--

        (A) determined by the Bureau of Prisons to have a substance abuse problem; and

        (B) willing to participate in a residential substance abuse treatment program.

    (c) IMPLEMENTATION OF SUBSTANCE ABUSE TREATMENT REQUIREMENT-

      (1) In order to carry out the requirement of the last sentence of section 3621(b) of title 18, United States Code, 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--

        (A) for not less than 50 percent of eligible prisoners by the end of fiscal year 1995;

        (B) for not less than 75 percent of eligible prisoners by the end of fiscal year 1996; and

        (C) for all eligible prisoners by the end of fiscal year 1997 and thereafter.

      (2) Section 3621 of title 18, United States Code, is amended by adding at the end the following:

    ‘(d) INCENTIVE FOR PRISONERS’ SUCCESSFUL COMPLETION OF TREATMENT PROGRAM-

      ‘(1) 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 subsection (b) of this section, shall remain in the custody of the Bureau for such time (as limited by paragraph (2) of this subsection) and 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 drug abuse and discontinue such conditions on determining that drug abuse has recurred.

      ‘(2) PERIOD OF CUSTODY- The period a prisoner convicted of a nonviolent offense remains in custody after successfully completing a treatment program shall not exceed the prison term the law would otherwise require such prisoner to serve, but may not be less than such term minus one year.’.

    (d) REPORT- The Bureau of Prisons shall transmit to the Congress on January 1, 1993, and on January 1 of each year thereafter, a report. Such report shall contain--

      (1) a detailed quantitative and qualitative description of each substance abuse treatment program, residential or not, operated by the Bureau;

      (2) 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

      (3) a complete statement of to what extent the Bureau has achieved compliance with the requirements of this title.

    (e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated for fiscal year 1995 and each fiscal year thereafter such sums as may be necessary to carry out this title.

SEC. 1305. 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.’.

Subtitle B--State Prisons

SEC. 1321. BOOT CAMPS AND PRISONS FOR VIOLENT DRUG OFFENDERS.

    (a) DEFINITION- In this section, ‘boot camp prison program’ means a correctional program of not more than 6 months’ duration involving--

      (1) 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;

      (2) adherence by inmates to a highly regimented schedule that involves strict discipline, physical training, and work;

      (3) participation by inmates in appropriate education, job training, and substance abuse counseling or treatment; and

      (4) aftercare services for inmates following release that are coordinated with the program carried out during the period of imprisonment.

    (b) ESTABLISHMENT OF GRANT AND TECHNICAL ASSISTANCE PROGRAM-

      (1) IN GENERAL- The Attorney General may make grants to States and to multi-State compact associations for the purposes of--

        (A) developing, constructing, expanding, operating, and improving boot camp prison programs, city or county detention facilities, or low- to medium-security prisons;

        (B) developing, constructing, and operating prisons that house and provide treatment for violent offenders with serious substance abuse problems; and

        (C) assisting in activating existing boot camp or prison facilities that are unutilized or underutilized because of lack of funding.

      (2) TECHNICAL ASSISTANCE- The Attorney General may provide technical assistance to grantees under this section.

      (3) UTILIZATION OF PRIVATE SECTOR- Nothing herein shall prevent the utilization of any grant funds to contract with the private sector to design, construct or provide any services associated with any facilities funded herein.

      (4) UTILIZATION OF COMPONENTS- The Attorney General may utilize any component or components of the Department of Justice in carrying out this section.

    (c) STATE AND MULTI-STATE COMPACT APPLICATIONS-

      (1) IN GENERAL- To request a grant under this section, the chief executive of a State or the coordinator of a multi-State compact association shall submit an application to the Attorney General in such form and containing such information as the Attorney General may prescribe by regulation or guidelines. The chief executive of a State or the coordinator of a multi-State compact association may designate private sector participants for the design, construction or provision of services associated with any facilities for which funding is requested.

      (2) CONTENT OF APPLICATION- In accordance with the regulations or guidelines established by the Attorney General, an application for a grant under this section shall--

        (A) include a long-term strategy and detailed implementation plan;

        (B) include evidence of the existence of, and describe the terms of, a multi-State compact for any multiple-State plan;

        (C) provide a description of any construction activities, including cost estimates, that will be a part of any plan;

        (D) provide a description of the criteria for selection of prisoners for participating in a boot camp prison program or assignment to a regional prison or activated prison or boot camp facility that is to be funded;

        (E) provide assurances that the boot camp prison program, regional prison, or activated prison or boot camp facility that receives funding will provide work programs, education, job training, and appropriate drug treatment for inmates;

        (F) provide assurances that--

          (i) prisoners who participate in a boot camp prison program or are assigned to a regional prison or activated prison or boot camp facility that receives funding will be provided with aftercare services; and

          (ii) a substantial proportion of the population of any regional prison that receives funds under this section will be violent offenders with serious substance abuse problems, and provision of treatment for such offenders will be a priority element of the prison’s mission;

        (G) provide assurances that aftercare services will involve the coordination of the boot camp prison program, regional prison, or activated prison or boot camp facility, with other human service and rehabilitation programs (such as educational and job training programs, drug counseling or treatment, parole or other post-release supervision programs, halfway house programs, job placement programs, and participation in self-help and peer group programs) that reduce the likelihood of further criminality by prisoners who participate in a boot camp program or are assigned to a regional prison or activated prison or boot camp facility following release;

        (H) explain the applicant’s inability to fund the program adequately without Federal assistance;

        (I) identify related governmental and community initiatives that complement or will be coordinated with the proposal;

        (J) certify that there has been appropriate coordination with all affected agencies; and

        (K) specify plans for obtaining necessary support and continuing the proposed program following the conclusion of Federal support.

    (d) LIMITATIONS ON FUNDS-

      (1) NONSUPPLANTING REQUIREMENT- Funds made available under this section shall not be used to supplant State funds, but shall be used to increase the amount of funds that would, in the absence of Federal funds, be made available from State sources.

      (2) ADMINISTRATIVE COSTS- No more than 5 percent of the funds available under this section may be used for administrative costs.

      (3) MATCHING FUNDS- The portion of the costs of a program provided by a grant under this section may not exceed 75 percent of the total cost of the program as described in the application.

      (4) DURATION OF GRANTS-

        (A) IN GENERAL- A grant under this section may be renewed for up to 3 years beyond the initial year of funding if the applicant demonstrates satisfactory progress toward achievement of the objectives set out in an approved application.

        (B) MULTIYEAR GRANTS- A multiyear grant may be made under this section so long as the total duration of the grant, including any renewals, does not exceed 4 years.

    (e) CONVERSION OF PROPERTY AND FACILITIES AT CLOSED OR REALIGNED MILITARY INSTALLATIONS INTO BOOT CAMP PRISONS AND REGIONAL PRISONS-

      (1) DEFINITION- In this subsection, ‘base closure law’ means--

        (A) title II of the Defense Authorization Amendments and Base Closure and Realignment Act (10 U.S.C. 2687 note);

        (B) 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);

        (C) section 2687 of title 10, United States Code; and

        (D) any other similar law.

      (2) REPORT- Not later than 6 months after the date of enactment of this Act, the Attorney General shall prepare and disseminate to State and local officials a report listing any real property or facility located at a military installation to be closed or realigned under a base closure law that is suitable for use as a boot camp prison or regional prison. The Attorney General shall periodically update this report for dissemination to State and local officials.

      (3) APPLICABILITY- This subsection shall apply with respect to property or facilities located at military installations the closure or realignment of which commences after the date of enactment of this Act.

    (f) PERFORMANCE EVALUATION-

      (1) EVALUATION COMPONENTS-

        (A) IN GENERAL- Each boot camp prison, regional prison, and activated prison or boot camp facility program funded under this section shall contain an evaluation component developed pursuant to guidelines established by the Attorney General.

        (B) OUTCOME MEASURES- The evaluations required by this paragraph shall include outcome measures that can be used to determine the effectiveness of the funded programs, including the effectiveness of such programs in comparison with other correctional programs or dispositions in reducing the incidence of recidivism.

      (2) PERIODIC REVIEW AND REPORTS-

        (A) REVIEW- The Attorney General shall review the performance of each grant recipient under this section.

        (B) REPORTS- The Attorney General may require a grant recipient to submit to the Attorney General the results of the evaluations required under paragraph (1) and such other data and information as the Attorney General deems reasonably necessary to carry out the Attorney General’s responsibilities under this section.

      (3) REPORT TO CONGRESS- The Attorney General shall submit an annual report to Congress describing the grants awarded under this section and providing an assessment of the operations of the programs receiving grants.

    (g) REVOCATION OR SUSPENSION OF FUNDING- If the Attorney General determines, as a result of the reviews required by subsection (f), or otherwise, that a grant recipient under this section is not in substantial compliance with the terms and requirements of an approved grant application, the Attorney General may revoke or suspend funding of the grant in whole or in part.

    (h) ACCESS TO DOCUMENTS- The Attorney General and the Comptroller General shall have access for the purpose of audit and examination to--

      (1) the pertinent books, documents, papers, or records of a grant recipient under this section; and

      (2) the pertinent books, documents, papers, or records of other persons and entities that are involved in programs for which assistance is provided under this section.

    (i) GENERAL REGULATORY AUTHORITY- The Attorney General may issue regulations and guidelines to carry out this section.

    (j) AUTHORIZATION OF APPROPRIATIONS-

      (1) IN GENERAL- There is authorized to be appropriated to carry out this section $3,000,000,000, to remain available until expended.

      (2) USE OF APPROPRIATED FUNDS- No more than one-third of the amounts appropriated under paragraph (1) may be used to make grants for the construction, development, and operation of regional prisons under subsection (b)(1)(B).

SEC. 1322. NATIONAL INSTITUTE OF JUSTICE STUDY.

    (a) FEASIBILITY STUDY- The National Institute of Justice shall study the feasibility of establishing a clearinghouse to provide information to interested persons to facilitate the transfer of prisoners in State correctional institutions to other such correctional institutions, pursuant to the Interstate Corrections Compact or other applicable interstate compact, for the purpose of allowing prisoners to serve their prison sentences at correctional institutions in close proximity to their families.

    (b) REPORT TO CONGRESS- The National Institute of Justice shall, not later than 1 year after the date of the enactment of this Act, submit to the Committees on the Judiciary of the House of Representatives and the Senate a report containing the results of the study conducted under subsection (a), together with any recommendations the Institute may have on establishing a clearinghouse described in such subsection.

    (c) DEFINITION- For purposes of this section, the term ‘State’ includes the District of Columbia and any territory or possession of the United States.

SEC. 1323. STUDY AND ASSESSMENT OF ALCOHOL USE AND TREATMENT.

    The Director of the National Institute of Justice shall--

      (1) conduct a study to compare the recidivism rates of individuals under the influence of alcohol or alcohol in combination with other drugs at the time of their offense--

        (A) who participated in a residential treatment program while in the custody of the State; and

        (B) who did not participate in a residential treatment program while in the custody of the State; and

      (2) conduct a nationwide assessment regarding the use of alcohol and alcohol in combination with other drugs as a factor in violent, domestic, and general criminal activity.

SEC. 1324. 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) of this subsection--

        (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) of this subsection, 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) of this subsection, the following new subsection:

    ‘(b) NOTICE OF RELEASE OF PRISONERS- (1) Except in the case of a prisoner being protected under chapter 224, the Bureau of Prisons shall, 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, cause written notice of the release or change of residence to be made to the chief law enforcement officer of the State and of the local jurisdiction in which the prisoner will reside.

    ‘(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 that term is defined in section 924(c)(3).

    ‘(4) The notice provided under this section shall be used solely for law enforcement purposes.’.

SEC. 1325. 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.

Subtitle C--Grants Under the Juvenile Justice and Delinquency Prevention Act of 1974

SEC. 1331. GRANTS FOR COMMUNITY-BASED VIOLENT-JUVENILE FACILITIES.

    (a) IN GENERAL- The Attorney General, through the Bureau of Prisons, may make grants to States and units of general local government or combinations thereof to assist them in planning, establishing, and operating secure facilities for violent and chronic juvenile offenders. The mandate required by the Juvenile Justice and Delinquency Prevention Act shall not apply to grants under this subtitle.

    (b) AUTHORIZATION- There are authorized to be appropriated $100,000,000 for each of fiscal years 1994, 1995, 1996, 1997, 1998.

Subtitle D--Regional Prisons and State Prisons

SEC. 1341. REGIONAL PRISONS FOR VIOLENT CRIMINALS AND VIOLENT CRIMINAL ALIENS.

    (a) DEFINITIONS- In this section--

      ‘child abuse offense’ means an offense under Federal or State law that constitutes sexual exploitation of children or selling or buying of children within the meaning of chapter 110 of title 18, United States Code.

      ‘firearm offense’ means an offense under Federal or State law committed while the offender is in possession of a firearm or while an accomplice of the offender, to the knowledge of the offender, is in possession of a firearm.

      ‘crime of violence’ means a felony offense under Federal or State law that is a crime of violence within the meaning of section 16 of title 18, United States Code.

      ‘qualifying prisoner’ means--

        (A) an alien who is in this country illegally or unlawfully and who has been convicted of a crime of violence (as defined in section 924(c)(3) of title 18, United States Code) or a serious drug offense (as defined in section 924(e)(2)(A) of title 18, United States Code); and

        (B) a violent criminal.

      ‘sex offense’ means an offense under Federal or State law that constitutes aggravated sexual abuse, sexual abuse, sexual abuse of a minor or ward, or abusive sexual contact within the meaning of chapter 109A of title 18, United States Code.

      ‘violent criminal’--

        (A) means a person convicted under Federal law of an offense described in, under the circumstances described in, the provisions of section 924 (c) or (e) of title 18 or section 994(h) of title 28, United States Code, or under State law for the same or a similar offense; and

        (B) insofar as any of the circumstances described in an offense described in subparagraph (A) is the prior conviction of an offense, includes a person who had been adjudicated as a juvenile delinquent by reason of the commission of an act that, if committed by an adult, would constitute such an offense.

    (b) CONSTRUCTION OF PRISONS- (1) IN GENERAL- The Attorney General shall, after consultation with State correctional administrators, construct and operate a minimum of 10 regional prisons, situated throughout the United States, each containing space for at least 2,500 inmates. The Attorney General may contract with the private sector to design, construct or provide any services associated with the regional prisons. At least 75 percent of the overall capacity of such prisons in the aggregate shall be dedicated to qualifying prisoners from qualifying States. In making a determination as to the location of regional prisons, the Attorney General shall give appropriate consideration to the feasibility of converting Federal correctional complexes currently in the planning or construction phase.

      (2) CONSIDERATION OF COST-EFFECTIVE ALTERNATIVES AND STATE AND LOCAL RE-USE PLANS- (A) In determining where to locate any of the regional prisons authorized in paragraph (1), 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 consider--

        (i) whether using any portion of a closed military installation in the region or military installation scheduled to be closed in the region provides a cost-effective alternative to the purchase of real property or construction of new prison facilities;

        (ii) whether such use is consistent with a reutilization and redevelopment plan. 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 authorized in paragraph 1; and

        (iii) giving priority consideration to any installation located in a rural area whose closure under this title will have a substantial adverse impact on the economy of the communities for the economic recovery of such communities from such closure.

      (B) Before proceeding with plans for the design or construction of a prison authorized in paragraph (1), the Attorney General shall submit to Congress a report explaining the basis of the decision on where to locate the new prison facility.

      (C) 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 regional 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, do not provide a cost-effective alternative to the purchase of real property or construction of new facilities.

      (D) The Attorney General shall obtain all information necessary to determine whether any portion of a closed military installation in the region or military installation scheduled to be closed in the region is a cost-effective alternative to the purchase of real property or construction of new prison facilities.

    (c) ACCEPTANCE OF PRISONERS- Any qualifying State may apply to the Attorney General to accept any qualifying prisoner. If, in the Attorney General’s judgment there are likely to be more qualifying prisoners than there is space available, then to the extent that the Attorney General deems it practicable, the Attorney General should seek to allocate space among qualifying States in a proportion similar to the number of qualifying prisoners held by that State in relation to the total number of qualifying prisoners from qualifying States.

    (d) QUALIFYING STATE-

      (1) IN GENERAL- The Attorney General shall not certify a State as a qualifying State under this section unless the State is providing--

        (A) truth in sentencing with respect to any felony crime of violence involving the use or attempted use of force against a person, or use of a firearm against a person for which a maximum sentence of 5 years or more is authorized that is consistent with that provided in the Federal system in chapter 229 of title 18, United States Code, which provides that defendants will serve at least 85 percent of the sentence ordered and which provides for a binding sentencing guideline system in which sentencing judges’ discretion is limited to ensure greater uniformity in sentencing;

        (B) pretrial detention similar to that provided in the Federal system under section 3142 of title 18, United States Code;

        (C) sentences for firearm offenders where death or serious bodily injury results, murderers, sex offenders, and child abuse offenders that, after application of relevant sentencing guidelines, result in the imposition of sentences that are at least as long as those imposed under Federal law (after application of relevant sentencing guidelines); and

        (D) suitable recognition for the rights of victims, including consideration of the victim’s perspective at all appropriate stages of criminal proceedings.

      (2) DISQUALIFICATION- The Attorney General shall withdraw a State’s status as a qualifying State if the Attorney General finds that the State no longer appropriately provides for the matters described in paragraph (1) or has ceased making substantial progress toward attaining them, in which event the State shall no longer be entitled to the benefits of this section, except to the extent the Attorney General otherwise directs.

      (3) WAIVER- The Attorney General may waive, for no more than one year, any of the requirements of this subsection with respect to a particular State if the Attorney General certifies that, in the Attorney General’s judgment, there are compelling law enforcement reasons for doing so. Any State granted any such waiver shall be treated as a qualifying State for all purposes of this subtitle, unless the Attorney General otherwise directs.

    (e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section--

      (1) $600,000,000 for fiscal year 1994;

      (2) $600,000,000 for fiscal year 1995;

      (3) $600,000,000 for fiscal year 1996;

      (4) $600,000,000 for fiscal year 1997; and

      (5) $600,000,000 for fiscal year 1998.

Subtitle E--Violent Crime Reduction Trust Fund

SEC. 1351. PURPOSES.

    The Congress declares it essential--

      (1) to fully fund the control and prevention of violent crime authorized in this Act over the next 5 years;

      (2) to ensure orderly limitation and reduction of Federal Government employment, as recommended by the Report of the National Performance Review, conducted by the Vice President; and

      (3) to apply sufficient amounts of the savings achieved by limiting Government employment to the purpose of ensuring full funding of this Act over the next 5 years.

SEC. 1352. REDUCTION OF FEDERAL FULL-TIME EQUIVALENT POSITIONS.

    (a) DEFINITION- For purposes of this section, the term ‘agency’ means an Executive agency as defined under section 105 of title 5, United States Code, but does not include the General Accounting Office.

    (b) LIMITATIONS ON FULL-TIME EQUIVALENT POSITIONS- The President, through the Office of Management and Budget (in consultation with the Office of Personnel Management), shall ensure that the total number of full-time equivalent positions in all agencies shall not exceed--

      (1) 2,095,182 during fiscal year 1994;

      (2) 2,044,100 during fiscal year 1995;

      (3) 2,003,846 during fiscal year 1996;

      (4) 1,963,593 during fiscal year 1997; and

      (5) 1,923,339 during fiscal year 1998.

    (c) MONITORING AND NOTIFICATION- The Office of Management and Budget, after consultation with the Office of Personnel Management, shall--

      (1) continuously monitor all agencies and make a determination on the first date of each quarter of each applicable fiscal year of whether the requirements under subsection (b) are met; and

      (2) notify the President and the Congress on the first date of each quarter of each applicable fiscal year of any determination that any requirement of subsection (b) is not met.

    (d) COMPLIANCE- If at any time during a fiscal year, the Office of Management and Budget notifies the President and the Congress that any requirement under subsection (b) is not met, no agency may hire any employee for any position is such agency until the Office of Management and Budget notifies the President and the Congress that the total number of full-time equivalent positions for all agencies equals or is less than the applicable number required under subsection (b).

    (e) WAIVER- Any provision of this section may be waived upon--

      (1) a determination by the President of the existence of war or a national security requirement; or

      (2) the enactment of a joint resolution upon an affirmative vote of three-fifths of the Members of each House of the Congress duly chosen and sworn.

SEC. 1353. CREATION OF VIOLENT CRIME REDUCTION TRUST FUND.

    (a) ESTABLISHMENT OF THE ACCOUNT- Chapter 11 of title 31, United States Code, is amended by inserting at the end thereof the following new section:

‘Sec. 1115. Violent crime reduction trust fund

    ‘(a) There is established a separate account in the Treasury, known as the ‘Violent Crime Reduction Trust Fund’, into which shall be deposited deficit reduction achieved by section 1352 of the Violent Crime Control and Law Enforcement Act of 1993 sufficient to fund that Act (as defined in subsection (b) of this section).

    ‘(b) On the first day of the following fiscal years (or as soon thereafter as possible for fiscal year 1994), the following amounts shall be transferred from the general fund to the Violent Crime Reduction Trust Fund--

      ‘(1) for fiscal year 1994, $720,000,000;

      ‘(2) for fiscal year 1995, $2,423,000,000;

      ‘(3) for fiscal year 1996, $4,267,000,000;

      ‘(4) for fiscal year 1997, $6,313,000,000; and

      ‘(5) for fiscal year 1998, $8,545,000,000.

    ‘(c) Notwithstanding any other provision of law--

      ‘(1) the amounts in the Violent Crime Reduction Trust Fund may be appropriated exclusively for the purposes authorized in the Violent Crime Control and Law Enforcement Act of 1993;

      ‘(2) the amounts in the Violent Crime Reduction Trust Fund and appropriations under paragraph (1) of this section shall be excluded from, and shall not be taken into account for purposes of, any budget enforcement procedures under the Congressional Budget Act of 1974 or the Balanced Budget and Emergency Deficit Control Act of 1985; and

      ‘(3) for purposes of this subsection, ‘appropriations under paragraph (1)’ mean amounts of budget authority not to exceed the balances of the Violent Crime Reduction Trust Fund and amounts of outlays that flow from budget authority actually appropriated.’.

    (b) LISTING OF THE VIOLENT CRIME REDUCTION TRUST FUND AMONG GOVERNMENT TRUST FUNDS- Section 1321(a) of title 31, United States Code, is amended by inserting at the end thereof the following new paragraph:

      ‘(91) Violent Crime Reduction Trust Fund.’.

    (c) REQUIREMENT FOR THE PRESIDENT TO REPORT ANNUALLY ON THE STATUS OF THE ACCOUNT- Section 1105(a) of title 31, United States Code, is amended by adding at the end thereof:

      ‘(29) information about the Violent Crime Reduction Trust Fund, including a separate statement of amounts in that Trust Fund.

      ‘(30) 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 1352 of the Violent Crime Control and Law Enforcement Act of 1993.’.

SEC. 1354. CONFORMING REDUCTION IN DISCRETIONARY SPENDING LIMITS.

    The Director of the Office of Management and Budget shall, upon enactment of this Act, reduce the discretionary spending limits set forth in section 601(a)(2) of the Congressional Budget Act of 1974 for fiscal years 1994 through 1998 as follows:

      (1) for fiscal year 1994, for the discretionary category: $720,000,000 in new budget authority and $314,000,000 in outlays;

      (2) for fiscal year 1995, for the discretionary category: $2,423,000,000 in new budget authority and $2,330,000,000 in outlays;

      (3) for fiscal year 1996, for the discretionary category: $4,267,000,000 in new budget authority and $4,184,000,000 in outlays;

      (4) for fiscal year 1997, for the discretionary category: $6,313,000,000 in new budget authority and $6,221,000,000 in outlays; and

      (5) for fiscal year 1998, for the discretionary category: $8,545,000,000 in new budget authority and $8,443,000,000 in outlays.

TITLE XIV--RURAL CRIME

Subtitle A--Drug Trafficking in Rural Areas

SEC. 1401. 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 $50,000,000 for each of fiscal years 1994, 1995, 1996, 1997, and 1998.’.

    (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’.

SEC. 1402. RURAL CRIME AND DRUG ENFORCEMENT TASK FORCES.

    (a) ESTABLISHMENT- Not later than 90 days after the date of enactment of this Act, the Attorney General, in consultation with the Governors, mayors, and chief executive officers of State and local law enforcement agencies, shall establish a Rural Crime and Drug Enforcement Task Force in each of the Federal judicial districts which encompass significant rural lands. Assets seized as a result of investigations initiated by a Rural Drug Enforcement Task Force shall be used 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 chaired by the United States Attorney for the respective Federal judicial district. The task forces shall include representatives from--

      (1) State and local law enforcement agencies;

      (2) the Drug Enforcement Administration;

      (3) the Federal Bureau of Investigation;

      (4) the Immigration and Naturalization Service;

      (5) the Customs Service;

      (6) the United States Marshals Service; and

      (7) law enforcement officers from the United States Park Police, United States Forest Service and Bureau of Land Management, and such other Federal law enforcement agencies as the Attorney General may direct.

SEC. 1403. CROSS-DESIGNATION OF FEDERAL OFFICERS.

    (a) IN GENERAL- The Attorney General may cross-designate up to 100 law enforcement officers from each of the agencies specified under section 1502(b)(6) of the Omnibus Crime Control and Safe Streets Act of 1968 with jurisdiction to enforce the provisions of the Controlled Substances Act on non-Federal lands and title 18 of the United States Code to the extent necessary to effect the purposes of this Act.

    (b) ADEQUATE STAFFING- The Attorney General shall, subject to the availability of appropriations, ensure that each of the task forces established in accordance with this title are adequately staffed with investigators and that additional investigators are provided when requested by the task force.

SEC. 1404. 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) $1,000,000 for each of fiscal years 1994, 1995, 1996, 1997, and 1998.

SEC. 1405. MORE AGENTS FOR THE DRUG ENFORCEMENT ADMINISTRATION.

    There are authorized to be appropriated for the hiring of additional Drug Enforcement Administration agents $20,000,000 for each of fiscal years 1994, 1995, 1996, 1997, and 1998.

Subtitle B--Drug Free Truck Stops and Safety Rest Areas

SEC. 1411. 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 under section 12019 of the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. App. 2716)) 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--Rural Domestic Violence and Child Abuse Enforcement

SEC. 1421. RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT ASSISTANCE.

    (a) GRANTS- The Attorney General may make grants to units of State 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) DEFINITION- In this section, ‘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 is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 1995, 1996, and 1997.

      (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.

TITLE XV--DRUG CONTROL

Subtitle A--Increased Penalties

SEC. 1501. 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. 1502. CLOSING OF LOOPHOLE FOR ILLEGAL IMPORTATION OF SMALL DRUG QUANTITIES.

    Section 497(a)(2)(A) of the Tariff Act of 1930 (19 U.S.C. 1497(a)(2)(A)) is amended by adding ‘or $500, whichever is greater’ after ‘value of the article’.

SEC. 1503. PENALTIES FOR DRUG DEALING IN PUBLIC HOUSING AUTHORITY FACILITIES.

    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. 1504. ANABOLIC STEROIDS PENALTIES.

    Section 404 of the Controlled Substances Act (21 U.S.C. 844) is amended by inserting after subsection (a) the following:

    ‘(b)(1) Whoever, being a physical trainer or adviser to an individual, endeavors to persuade or induce that individual to possess or use anabolic steroids in violation of subsection (a), shall be fined under title 18, United States Code, or imprisoned not more than 2 years, or both. If such individual has not attained the age of 18 years, the maximum imprisonment shall be 5 years.

    ‘(2) As used in this subsection, the term ‘physical trainer or adviser’ means any professional or amateur coach, manager, trainer, instructor, or other such person, who provides any athletic or physical instruction, training, advice, assistance, or other such service to any person.’.

SEC. 1505. 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 existing guidelines to provide that a defendant convicted of violating section 419 of the Controlled Substances Act (21 U.S.C. 860) shall be assigned an offense level under chapter 2 of the sentencing guidelines that is no less than level 20.

SEC. 1506. ENHANCED PENALTIES FOR ILLEGAL DRUG USE IN 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 OR SUSPENSION OF SENTENCE- Notwithstanding any other law, the court shall not place on probation or suspend the sentence of a person convicted of an offense described in subsection (b).

Subtitle B--Precursor Chemicals Act

SEC. 1511. SHORT TITLE.

    This title may be cited as the ‘Chemical Control Amendments Act of 1993’.

SEC. 1512. DEFINITION AMENDMENTS.

    (a) DEFINITIONS- Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended--

      (1) in paragraph (33) by striking ‘any listed precursor chemical or listed essential chemical’ and inserting ‘any list I chemical or any list II chemical’;

      (2) in paragraph (34)--

        (A) by striking ‘listed precursor chemical’ and inserting ‘list I chemical’; and

        (B) by striking ‘critical to the creation’ and inserting ‘important to the manufacturer’;

      (3) in paragraph (34) (A), (F), and (H), by inserting ‘, its esters’ before ‘and’;

      (4) in paragraph (35)--

        (A) by striking ‘listed essential chemical’ and inserting ‘list II chemical’;

        (B) by inserting ‘(other than a list I chemical)’ before ‘specified’; and

        (C) by striking ‘as a solvent, reagent, or catalyst’;

      (5) in paragraph (38) by inserting ‘or who acts as a broker or trader for an international transaction involving a listed chemical, a tableting machine, or an encapsulating machine’ before the period;

      (6) in paragraph (39)(A)--

        (A) by striking ‘importation or exportation of’ and inserting ‘importation, or exportation of, or an international transaction involving shipment of,’;

        (B) in clause (iii) by inserting ‘or any category of transaction for a specific listed chemical or chemicals’ after ‘transaction’;

        (C) by amending clause (iv) to read as follows:

        ‘(iv) any transaction in a listed chemical that is contained in a drug that may be marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) unless--

          ‘(I)(aa) the drug contains ephedrine or its salts, optical isomers, or salts of optical isomers as the only active medicinal ingredient or contains ephedrine and therapeutically insignificant quantities of another active medicinal ingredient; or

          ‘(bb) the Attorney General has determined under section 204 that the drug or group of drugs is being diverted to obtain the listed chemical for use in the illicit production of a controlled substance; and

          ‘(II) the quantity of ephedrine or other listed chemical contained in the drug included in the transaction or multiple transactions equals or exceeds the threshold established for that chemical by the Attorney General.’; and

        (D) in clause (v) by striking the semicolon and inserting ‘which the Attorney General has by regulation designated as exempt from the application of this title and title II based on a finding that the mixture is formulated in such a way that it cannot be easily used in the illicit production of a controlled substance and that the listed chemical or chemicals contained in the mixture cannot be readily recovered;’;

      (7) in paragraph (40) by striking ‘listed precursor chemical or a listed essential chemical’ each place it appears and inserting ‘list I chemical or a list II chemical’; and

      (8) by adding at the end the following new paragraphs:

    ‘(43) The term ‘international transaction’ means a transaction involving the shipment of a listed chemical across an international border (other than a United States border) in which a broker or trader located in the United States participates.

    ‘(44) The terms ‘broker’ and ‘trader’ mean a person that assists in arranging an international transaction in a listed chemical by--

      ‘(A) negotiating contracts;

      ‘(B) serving as an agent or intermediary; or

      ‘(C) bringing together a buyer and seller, buyer and transporter, or a seller and transporter.’.

    (b) REMOVAL OF EXEMPTION OF CERTAIN DRUGS-

      (1) PROCEDURE- Part B of the Controlled Substances Act (21 U.S.C. 811 et seq.) is amended by adding at the end the following new section:

‘REMOVAL OF EXEMPTION OF CERTAIN DRUGS

    ‘SEC. 204. (a) REMOVAL OF EXEMPTION- The Attorney General shall by regulation remove from exemption under section 102(39)(A)(iv)(II) a drug or group of drugs that the Attorney General finds is being diverted to obtain a listed chemical for use in the illicit production of a controlled substance.

    ‘(b) FACTORS TO BE CONSIDERED- In removing a drug or group of drugs from exemption under subsection (a), the Attorney General shall consider, with respect to a drug or group of drugs that is proposed to be removed from exemption--

      ‘(1) the scope, duration, and significance of the diversion;

      ‘(2) whether the drug or group of drugs is formulated in such a way that it cannot be easily used in the illicit production of a controlled substance; and

      ‘(3) whether the listed chemical can be readily recovered from the drug or group of drugs.

    ‘(c) SPECIFICITY OF DESIGNATION- The Attorney General shall limit the designation of a drug or a group of drugs removed from exemption under subsection (a) to the most particularly identifiable type of drug or group of drugs for which evidence of diversion exists unless there is evidence, based on the pattern of diversion and other relevant factors, that the diversion will not be limited to that particular drug or group of drugs.

    ‘(d) REINSTATEMENT OF EXEMPTION WITH RESPECT TO PARTICULAR DRUG PRODUCTS-

      ‘(1) REINSTATEMENT- On application by a manufacturer of a particular drug product that has been removed from exemption under subsection (a), the Attorney General shall by regulation reinstate the exemption with respect to that particular drug product if the Attorney General determines that the particular drug product is manufactured and distributed in a manner that prevents diversion.

      ‘(2) FACTORS TO BE CONSIDERED- In deciding whether to reinstate the exemption with respect to a particular drug product under paragraph (1), the Attorney General shall consider--

        ‘(A) the package sizes and manner of packaging of the drug product;

        ‘(B) the manner of distribution and advertising of the drug product;

        ‘(C) evidence of diversion of the drug product;

        ‘(D) any actions taken by the manufacturer to prevent diversion of the drug product; and

        ‘(E) such other factors as are relevant to and consistent with the public health and safety, including the factors described in subsection (b) as applied to the drug product.

      ‘(3) STATUS PENDING APPLICATION FOR REINSTATEMENT- A transaction involving a particular drug product that is the subject of a bona fide pending application for reinstatement of exemption filed with the Attorney General not later than 60 days after a regulation removing the exemption is issued pursuant to subsection (a) shall not be considered to be a regulated transaction if the transaction occurs during the pendency of the application and, if the Attorney General denies the application, during the period of 60 days following the date on which the Attorney General denies the application, unless--

        ‘(A) the Attorney General has evidence that, applying the factors described in subsection (b) to the drug product, the drug product is being diverted; and

        ‘(B) the Attorney General so notifies the applicant.

      ‘(4) AMENDMENT AND MODIFICATION- A regulation reinstating an exemption under paragraph (1) may be modified or revoked with respect to a particular drug product upon a finding that--

        ‘(A) applying the factors described in subsection (b) to the drug product, the drug product is being diverted; or

        ‘(B) there is a significant change in the data that led to the issuance of the regulation.’.

      (2) TECHNICAL AMENDMENT- The table of contents of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (84 Stat. 1236) is amended by adding at the end of the section relating to part B of title II the following new item:

      ‘Sec. 204. Removal of exemption of certain drugs.’.

    (c) REGULATION OF LISTED CHEMICALS- Section 310 of the Controlled Substances Act (21 U.S.C. 830) is amended--

      (1) in subsection (a)(1)--

        (A) by striking ‘precursor chemical’ and inserting ‘list I chemical’; and

        (B) in subparagraph (B) by striking ‘an essential chemical’ and inserting ‘a list II chemical’; and

      (2) in subsection (c)(2)(D) by striking ‘precursor chemical’ and inserting ‘chemical control’.

SEC. 1513. REGISTRATION REQUIREMENTS.

    (a) RULES AND REGULATIONS- Section 301 of the Controlled Substances Act (21 U.S.C. 821) is amended by striking the period and inserting ‘and to the registration and control of regulated persons and of regulated transactions.’.

    (b) PERSONS REQUIRED TO REGISTER UNDER SECTION 302- Section 302 of the Controlled Substances Act (21 U.S.C. 822) is amended--

      (1) in subsection (a)(1) by inserting ‘or list I chemical’ after ‘controlled substance’ each place it appears;

      (2) in subsection (b)--

        (A) by inserting ‘or list I chemicals’ after ‘controlled substances’; and

        (B) by inserting ‘or chemicals’ after ‘such substances’;

      (3) in subsection (c) by inserting ‘or list I chemical’ after ‘controlled substance’ each place it appears; and

      (4) in subsection (e) by inserting ‘or list I chemicals’ after ‘controlled substances’.

    (c) REGISTRATION REQUIREMENTS UNDER SECTION 303- Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended by adding at the end the following new subsection:

    ‘(h) The Attorney General shall register an applicant to distribute a list I chemical unless the Attorney General determines that registration of the applicant is inconsistent with the public interest. Registration under this subsection shall not be required for the distribution of a drug product that is exempted under section 102(39)(A)(iv). In determining the public interest for the purposes of this subsection, the Attorney General shall consider--

      ‘(1) maintenance by the applicant of effective controls against diversion of listed chemicals into other than legitimate channels;

      ‘(2) compliance by the applicant with applicable Federal, State and local law;

      ‘(3) any prior conviction record of the applicant under Federal or State laws relating to controlled substances or to chemicals controlled under Federal or State law;

      ‘(4) any past experience of the applicant in the manufacture and distribution of chemicals; and

      ‘(5) such other factors as are relevant to and consistent with the public health and safety.’.

    (d) DENIAL, REVOCATION, OR SUSPENSION OF REGISTRATION- Section 304 of the Controlled Substances Act (21 U.S.C. 824) is amended--

      (1) in subsection (a)--

        (A) by inserting ‘or a list I chemical’ after ‘controlled substance’ each place it appears; and

        (B) by inserting ‘or list I chemicals’ after ‘controlled substances’;

      (2) in subsection (b) by inserting ‘or list I chemical’ after ‘controlled substance’;

      (3) in subsection (f) by inserting ‘or list I chemicals’ after ‘controlled substances’ each place it appears; and

      (4) in subsection (g)--

        (A) by inserting ‘or list I chemicals’ after ‘controlled substances’ each place it appears; and

        (B) by inserting ‘or list I chemical’ after ‘controlled substance’ each place it appears.

    (e) PERSONS REQUIRED TO REGISTER UNDER SECTION 1007- Section 1007 of the Controlled Substances Import and Export Act (21 U.S.C. 957) is amended--

      (1) in subsection (a)--

        (A) in paragraph (1) by inserting ‘or list I chemical’ after ‘controlled substance’; and

        (B) in paragraph (2) by striking ‘in schedule I, II, III, IV, or V,’ and inserting ‘or list I chemical,’; and

      (2) in subsection (b)--

        (A) in paragraph (1) by inserting ‘or list I chemical’ after ‘controlled substance’ each place it appears; and

        (B) in paragraph (2) by inserting ‘or list I chemicals’ after ‘controlled substances’.

    (f) REGISTRATION REQUIREMENTS UNDER SECTION 1008- Section 1008 of the Controlled Substances Import and Export Act (21 U.S.C. 958) is amended--

      (1) in subsection (c)--

        (A) by inserting ‘(1)’ after ‘(c)’; and

        (B) by adding at the end the following new paragraph:

    ‘(2)(A) The Attorney General shall register an applicant to import or export a list I chemical unless the Attorney General determines that registration of the applicant is inconsistent with the public interest. Registration under this subsection shall not be required for the import or export of a drug product that is exempted under section 102(39)(A)(iv).

    ‘(B) In determining the public interest for the purposes of subparagraph (A), the Attorney General shall consider the factors specified in section 303(h).’;

      (2) in subsection (d)--

        (A) in paragraph (3) by inserting ‘or list I chemical or chemicals,’ after ‘substances,’; and

        (B) in paragraph (6) by inserting ‘or list I chemicals’ after ‘controlled substances’ each place it appears;

      (3) in subsection (e) by striking ‘and 307’ and inserting ‘307, and 310’; and

      (4) in subsections (f), (g), and (h) by inserting ‘or list I chemicals’ after ‘controlled substances’ each place it appears.

    (g) PROHIBITED ACTS C- Section 403(a) of the Controlled Substances Act (21 U.S.C. 843(a)) is amended--

      (1) by striking ‘or’ at the end of paragraph (7);

      (2) by striking the period at the end of paragraph (8) and inserting ‘; or’; and

      (3) by adding at the end the following new paragraph:

      ‘(9) if the person is a regulated person, to distribute, import, or export a list I chemical without the registration required by this Act.’.

SEC. 1514. REPORTING OF LISTED CHEMICAL MANUFACTURING.

    Section 310(b) of the Controlled Substances Act (21 U.S.C. 830(b)) is amended--

      (1) by inserting ‘(1)’ after ‘(b)’;

      (2) by redesignating paragraphs (1), (2), (3), and (4) as subparagraphs (A), (B), (C), and (D), respectively;

      (3) by striking ‘paragraph (1)’ each place it appears and inserting ‘subparagraph (A)’;

      (4) by striking ‘paragraph (2)’ and inserting ‘subparagraph (B)’;

      (5) by striking ‘paragraph (3)’ and inserting ‘subparagraph (C)’; and

      (6) by adding at the end the following new paragraph:

      ‘(2) A regulated person that manufactures a listed chemical shall report annually to the Attorney General, in such form and manner and containing such specific data as the Attorney General shall prescribe by regulation, information concerning listed chemicals manufactured by the person. The requirement of the preceding sentence shall not apply to the manufacture of a drug product that is exempted under section 102(39)(A)(iv).’.

SEC. 1515. REPORTS BY BROKERS AND TRADERS; CRIMINAL PENALTIES.

    (a) NOTIFICATION, SUSPENSION OF SHIPMENT, AND PENALTIES WITH RESPECT TO IMPORTATION AND EXPORTATION OF LISTED CHEMICALS- Section 1018 of the Controlled Substances Import and Export Act (21 U.S.C. 971) is amended by adding at the end the following new subsection:

    ‘(d) A person located in the United States who is a broker or trader for an international transaction in a listed chemical that is a regulated transaction solely because of that person’s involvement as a broker or trader shall, with respect to that transaction, be subject to all of the notification, reporting, recordkeeping, and other requirements placed upon exporters of listed chemicals by this title and title II.’.

    (b) PROHIBITED ACTS A- Section 1010(d) of the Controlled Substances Import and Export Act (21 U.S.C. 960(d)) is amended to read as follows:

    ‘(d) A person who knowingly or intentionally--

      ‘(1) imports or exports a listed chemical with intent to manufacture a controlled substance in violation of this title or title II;

      ‘(2) exports a listed chemical in violation of the laws of the country to which the chemical is exported or serves as a broker or trader for an international transaction involving a listed chemical, if the transaction is in violation of the laws of the country to which the chemical is exported;

      ‘(3) imports or exports a listed chemical knowing, or having reasonable cause to believe, that the chemical will be used to manufacture a controlled substance in violation of this title or title II; or

      ‘(4) exports a listed chemical, or serves as a broker or trader for an international transaction involving a listed chemical, knowing, or having reasonable cause to believe, that the chemical will be used to manufacture a controlled substance in violation of the laws of the country to which the chemical is exported,

    shall be fined in accordance with title 18, imprisoned not more than 10 years, or both.’.

SEC. 1516. EXEMPTION AUTHORITY; ADDITIONAL PENALTIES.

    (a) NOTIFICATION REQUIREMENT- Section 1018 of the Controlled Substances Import and Export Act (21 U.S.C. 971), as amended by section 5(a), is amended by adding at the end the following new subsection:

    ‘(e)(1) The Attorney General may by regulation require that the 15-day notification requirement of subsection (a) apply to all exports of a listed chemical to a specified country, regardless of the status of certain customers in such country as regular customers, if the Attorney General finds that such notification is necessary to support effective chemical diversion control programs or is required by treaty or other international agreement to which the United States is a party.

    ‘(2) The Attorney General may by regulation waive the 15-day notification requirement for exports of a listed chemical to a specified country if the Attorney General determines that such notification is not required for effective chemical diversion control. If the notification requirement is waived, exporters of the listed chemical shall be required to submit to the Attorney General reports of individual exportations or periodic reports of such exportation of the listed chemical, at such time or times and containing such information as the Attorney General shall establish by regulation.

    ‘(3) The Attorney General may by regulation waive the 15-day notification requirement for the importation of a listed chemical if the Attorney General determines that such notification is not necessary for effective chemical diversion control. If the notification requirement is waived, importers of the listed chemical shall be required to submit to the Attorney General reports of individual importations or periodic reports of the importation of the listed chemical, at such time or times and containing such information as the Attorney General shall establish by regulation.’.

    (b) PROHIBITED ACTS A- Section 1010(d) of the Controlled Substances Import and Export Act (21 U.S.C. 960(d)), as amended by section 5(b), is amended--

      (1) by striking ‘or’ at the end of paragraph (3);

      (2) by striking the comma at the end of paragraph (4) and inserting a semicolon; and

      (3) by adding at the end the following new paragraphs:

      ‘(5) imports or exports a listed chemical, with the intent to evade the reporting or recordkeeping requirements of section 1018 applicable to such importation or exportation by falsely representing to the Attorney General that the importation or exportation qualifies for a waiver of the 15-day notification requirement granted pursuant to section 1018(e) (2) or (3) by misrepresenting the actual country of final destination of the listed chemical or the actual listed chemical being imported or exported; or

      ‘(6) imports or exports a listed chemical in violation of section 1007 or 1018,’.

SEC. 1517. AMENDMENTS TO LIST I.

    Section 102(34) of the Controlled Substances Act (21 U.S.C. 802(34)) is amended--

      (1) by striking subparagraphs (O), (U), and (W);

      (2) by redesignating subparagraphs (P) through (T) as (O) through (S), subparagraph (V) as (T), and subparagraphs (X) and (Y) as (U) and (X), respectively;

      (3) in subparagraph (X), as redesignated by paragraph (2), by striking ‘(X)’ and inserting ‘(U)’; and

      (4) by inserting after subparagraph (U), as redesignated by paragraph (2), the following new subparagraphs:

        ‘(V) benzaldehyde.

        ‘(W) nitroethane.’.

SEC. 1518. ELIMINATION OF REGULAR SUPPLIER STATUS AND CREATION OF REGULAR IMPORTER STATUS.

    (a) DEFINITION- Section 102(37) of the Controlled Substances Act (21 U.S.C. 802(37)) is amended to read as follows:

    ‘(37) The term ‘regular importer’ means, with respect to a listed chemical, a person that has an established record as an importer of that listed chemical that is reported to the Attorney General.’.

    (b) NOTIFICATION- Section 1018 of the Controlled Substances Act (21 U.S.C. 971) is amended--

      (1) in subsection (b)--

        (A) in paragraph (1) by striking ‘regular supplier of the regulated person’ and inserting ‘to an importation by a regular importer’; and

        (B) in paragraph (2)--

          (i) by striking ‘a customer or supplier of a regulated person’ and inserting ‘a customer of a regulated person or to an importer’; and

          (ii) by striking ‘regular supplier’ and inserting ‘the importer as a regular importer’; and

      (2) in subsection (c)(1) by striking ‘regular supplier’ and inserting ‘regular importer’.

SEC. 1519. ADMINISTRATIVE INSPECTIONS AND AUTHORITY.

    Section 510 of the Controlled Substances Act (21 U.S.C. 880) is amended--

      (1) by amending subsection (a)(2) to read as follows:

      ‘(2) places, including factories, warehouses, and other establishments, and conveyances, where persons registered under section 303 (or exempt from registration under section 302(d) or by regulation of the Attorney General) or regulated persons may lawfully hold, manufacture, distribute, dispense, administer, or otherwise dispose of controlled substances or listed chemicals or where records relating to those activities are maintained.’; and

      (2) in subsection (b)(3)--

        (A) in subparagraph (B) by inserting ‘, listed chemicals,’ after ‘unfinished drugs’; and

        (B) in subparagraph (C) by inserting ‘or listed chemical’ after ‘controlled substance’ and inserting ‘or chemical’ after ‘such substance’.

SEC. 1520. THRESHOLD AMOUNTS.

    Section 102(39)(A) of the Controlled Substances Act (21 U.S.C. 802(39)(A)), as amended by section 2, is amended by inserting ‘of a listed chemical, or if the Attorney General establishes a threshold amount for a specific listed chemical,’ before ‘a threshold amount, including a cumulative threshold amount for multiple transactions’.

SEC. 1521. MANAGEMENT OF LISTED CHEMICALS.

    (a) IN GENERAL- Part C of the Controlled Substances Act (21 U.S.C. 821 et seq.) is amended by adding at the end the following new section:

‘MANAGEMENT OF LISTED CHEMICALS

    ‘SEC. 311. (a) OFFENSE- It is unlawful for a person who possesses a listed chemical with the intent that it be used in the illegal manufacture of a controlled substance to manage the listed chemical or waste from the manufacture of a controlled substance otherwise than as required by regulations issued under sections 3001, 3002, 3003, 3004, and 3005 of the Solid Waste Disposal Act (42 U.S.C. 6921, 6922, 6923, 6924, and 6925).

    ‘(b) ENHANCED PENALTY- (1) In addition to a penalty that may be imposed for the illegal manufacture, possession, or distribution of a listed chemical or toxic residue of a clandestine laboratory, a person who violates subsection (a) shall be assessed the costs described in paragraph (2) and shall be imprisoned as described in paragraph (3).

    ‘(2) Pursuant to paragraph (1) a defendant shall be assessed the following costs to the United States, a State, or another authority or person that undertakes to correct the results of the improper management of a listed chemical:

      ‘(A) The cost of initial cleanup and disposal of the listed chemical and contaminated property.

      ‘(B) The cost of restoring property that is damaged by exposure to a listed chemical for rehabilitation under Federal, State, and local standards.

    ‘(3)(A) A violation of subsection (a) shall be punished as a class D felony, or in the case of a willful violation, as a class C felony.

    ‘(B) Pursuant to its authority under section 944 of title 28, United States Code, the United States Sentencing Commission shall amend its sentencing guidelines to provide for an appropriate enhancement of punishment for a willful violation of subsection (a).

    ‘(4) A court may order that all or a portion of the earnings from work performed by a defendant in prison be withheld for payment of costs assessed under paragraph (2).

    ‘(c) USE OF FORFEITED ASSETS- The Attorney General may direct that assets forfeited under section 511 in connection with a prosecution under this section be shared with State agencies that participated in the seizure or cleaning up of a contaminated site.’.

    (b) EXCEPTION TO DISCHARGE IN BANKRUPTCY- 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 costs assessed under section 311(b) of the Controlled Substances Act.’.

SEC. 1522. FORFEITURE EXPANSION.

    Section 511(a) of the Controlled Substances Act (21 U.S.C. 881(a)) is amended--

      (1) in paragraph (6) by inserting ‘or listed chemical’ after ‘controlled substance’; and

      (2) in paragraph (9) by striking ‘a felony provision of’.

SEC. 1523. REGULATIONS AND EFFECTIVE DATE.

    (a) REGULATIONS- The Attorney General shall, not later than 90 days after the date of enactment of this Act, issue regulations necessary to carry out this title.

    (b) EFFECTIVE DATE- This title and the amendments made by this title shall become effective on the date that is 120 days after the date of enactment of this Act.

Subtitle C--General Provisions

SEC. 1531. 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. 1532. 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 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. 1533. PROGRAM TO PROVIDE PUBLIC AWARENESS OF THE PROVISION OF PUBLIC LAW 101-516 THAT CONDITIONS PORTIONS OF A STATE’S FEDERAL HIGHWAY FUNDING ON THE STATE’S ENACTMENT OF LEGISLATION REQUIRING THE REVOCATION OF THE DRIVER’S LICENSES OF CONVICTED DRUG ABUSERS.

    The Attorney General, in consultation with the Secretary of Transportation, shall implement a program of national awareness of section 333 of Public Law 101-516. The program shall notify the Governors and State Representatives of the requirements of that section.

SEC. 1534. 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 print, publish, place, or otherwise cause to appear 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. 1535. NATIONAL DRUG CONTROL STRATEGY.

    (a) IN GENERAL- Section 1005(a) of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1504(a)) is amended by adding at the end the following new paragraph:

    ‘(5) Beginning with the first submission of a National Drug Control Strategy to Congress after the date of the enactment of the Violent Crime Control and Law Enforcement Act of 1993, the goals, objectives, and priorities of such Strategy shall include a goal for expanding the availability of treatment for drug addiction.’.

    (b) SENSE OF CONGRESS- It is the sense of Congress that among the long-term goals of the National Drug Control Strategy should be the availability of drug treatment to all who are in need of such treatment.

SEC. 1536. NOTIFICATION OF LAW ENFORCEMENT OFFICERS OF DISCOVERIES OF CONTROLLED SUBSTANCES OR LARGE SUMS OF CASH IN EXCESS OF $10,000 IN WEAPON SCREENING.

    Section 315 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1356) is amended--

      (1) by redesignating subsection (c) as subsection (d); and

      (2) by inserting after subsection (b) the following new subsection:

    ‘(c) DISCOVERIES OF CONTROLLED SUBSTANCES OR CASH IN EXCESS OF $10,000- Not later than 90 days after the date of the enactment of this section, the Administrator shall issue regulations requiring employees and agents referred to in subsection (a) to report to appropriate Federal and State law enforcement officers any incident in which the employee or agent, in the course of conducting screening procedures pursuant to subsection (a), discovers a controlled substance the possession of which may be a violation of Federal or State law, or any sizable sums of cash in excess of $10,000 the possession of which may be a violation of Federal or State law.’.

SEC. 1537. DRUG PARAPHERNALIA AMENDMENT.

    Section 422 of the Controlled Substances Act (21 U.S.C. 863) is amended by adding at the end the following new subsection:

    ‘(g) CIVIL ENFORCEMENT- The Attorney General may bring a civil action against any person who violates this section. The action may be brought in any district court of the United States or the United States courts of any territory in which the violation is taking or has taken place. In an action under this section, the court shall determine the occurrence of a violation by a preponderance of the evidence, and shall have the power to assess a civil penalty of up to $250,000, and to grant such other relief, including an injunction, as may be appropriate. Such remedies shall be in addition to any other remedy available under other law.’.

TITLE XVI--DRUNK DRIVING PROVISIONS

SEC. 1601. SHORT TITLE.

    This title may be cited as the ‘Drunk Driving Child Protection Act of 1993’.

SEC. 1602. 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, 5 years, or if death of a minor is caused, 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. 1603. 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.

TITLE XVII--COMMISSIONS

Subtitle A--Commission on Crime and Violence

SEC. 1701. ESTABLISHMENT OF COMMISSION ON CRIME AND VIOLENCE.

    There is established a commission to be known as the ‘National Commission on Crime and Violence in America’. The Commission shall be composed of 25 members, appointed as follows:

      (1) 7 persons by the President, 4 of whom shall be members of one major political party and 3 of whom shall be members of another major political party;

      (2) 9 persons by the Speaker of the House of Representatives, 4 of whom shall be appointed on the recommendation of the minority leader; and

      (3) 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.

SEC. 1702. PURPOSE.

    The purposes of the Commission are as follows:

      (1) To develop a comprehensive and effective crime control plan which will serve as a ‘blueprint’ for action in the 1990’s. The report shall include an estimated cost 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 when developing the comprehensive crime control plan.

      (4) To recommend improvements in the coordination of local, State, Federal, and international border crime control efforts.

      (5) To make a comprehensive study of the economic and social factors leading to or contributing to crime and specific proposals for legislative and administrative actions to reduce crime and the elements that contribute to it.

      (6) To recommend means of targeting finite correctional facility space and resources to the most serious and violent offenders, with the goal of achieving the most cost-effective possible crime control and protection of the community and public safety, with particular emphasis on examining the issue of possible disproportionate incarceration rates among black males and any other minority group disproportionately represented in State and Federal correctional populations, and to consider increased use of alternatives to incarceration which offer a reasonable prospect of equal or better crime control at equal or less cost.

SEC. 1703. RESPONSIBILITIES OF THE COMMISSION.

    The commission shall be responsible for the following:

      (1) Reviewing the effectiveness of traditional criminal justice approaches in preventing and controlling crime and violence.

      (2) Examining the impact that changes to state and Federal 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 our Nation’s youth.

      (4) Examining the problem of youth gangs and provide recommendations as to how to reduce youth involvement in violent crime.

      (5) Examining the extent to which assault weapons and high power firearms have contributed to violence and murder in America.

      (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 citizens that wish to participate.

      (7) Reviewing all segments of our criminal justice system, including the law enforcement, prosecution, defense, judicial, corrections components in developing the crime control plan.

Subtitle B--National Commission to Study the Causes of the Demand for Drugs in the United States

SEC. 1711. SHORT TITLE.

    This subtitle may be cited as the ‘National Commission to Study the Causes of the Demand for Drugs in the United States’.

SEC. 1712. ESTABLISHMENT.

    There is established a National Commission to Study the Causes of the Demand for Drugs in the United States (referred to in this subtitle as the ‘Commission’).

SEC. 1713. DUTIES.

    (a) IN GENERAL- The Commission shall--

      (1) examine the root causes of illicit drug use and abuse in the United States, including by compiling existing research regarding those root causes;

      (2) evaluate the efforts being made to prevent drug abuse;

      (3) identify the existing gaps in drug abuse policy that result from the lack of attention to the root causes of drug abuse;

      (4) assess 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; and

      (5) make recommendations regarding necessary improvements in policies for reducing the use of illicit drugs in the United States.

    (b) EXAMINATION- Matters examined by the Commission under this section shall include the following:

      (1) CHARACTERISTICS- The characteristics of potential illicit drug users and abusers or drug traffickers, including age and social, economic, and educational backgrounds.

      (2) ENVIRONMENT- Environmental factors that contribute to illicit drug use and abuse, including the correlation between unemployment, poverty, and homelessness on drug experimentation and abuse.

      (3) ASSOCIATIONS AND SOCIAL RELATIONSHIPS- 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.

      (4) CULTURE- Aspects of, and changes in, philosophical or religious beliefs, cultural values, attitudes toward authority, status of basic social units (such as families), and traditions that contribute to illicit drug use and abuse.

      (5) PHYSIOLOGICAL AND PSYCHOLOGICAL FACTORS- The physiological and psychological factors that contribute to the desire for illicit drugs.

      (6) EFFORTS OF GOVERNMENTS- The current status of Federal, State, and local efforts regarding the causes of illicit drug use and abuse, including a review of drug strategies being promoted by Federal, State, and local authorities to address the causes of illicit drug use and abuse.

SEC. 1714. MEMBERSHIP.

    (a) NUMBER AND APPOINTMENT-

      (1) IN GENERAL- The Commission shall consist of 15 members, as follows:

        (A) PRESIDENT- Four individuals appointed by the President, 2 of whom shall be members of one major political party and 2 of whom shall be members of another major political party.

        (B) SENATE- Five individuals, 3 of whom shall be appointed by the majority leader of the Senate, after consultation with the chairman of the Committee on the Judiciary of the Senate, and 2 of whom shall be appointed by the minority leader of the Senate, after consultation with the ranking minority member of the Committee on the Judiciary of the Senate. At least 1 member appointed under this paragraph shall be a recovering drug user.

        (C) HOUSE OF REPRESENTATIVES- Five individuals, 3 of whom shall be appointed jointly by the Speaker and majority leader of the House of Representatives and 2 of whom shall be appointed by the minority leader of the House of Representatives. At least 1 member appointed under this paragraph shall be a recovering drug abuser.

        (D) MINORITY CONGRESSIONAL LEADERSHIP- One individual appointed jointly by the minority leader of the Senate and the minority leader of the House of Representatives.

      (2) GOALS IN MAKING APPOINTMENTS- In appointing individuals as members of the Commission, the President and the majority and minority leaders of the House of Representatives and the Senate shall seek to ensure that--

        (A) the membership of the Commission reflects the racial, ethnic, and gender diversity of the United States; and

        (B) members are specially qualified to serve on the Commission by reason of their education, training, expertise, or experience in--

          (i) sociology;

          (ii) psychology;

          (iii) law;

          (iv) bio-medicine;

          (v) addiction; and

          (vi) ethnography and urban poverty, including health care, housing, education, and employment.

    (b) PROHIBITION AGAINST OFFICER OR EMPLOYEE- Each individual appointed under subsection (a) shall not be an officer or employee of any government and shall be qualified to serve the Commission by virtue of education, training, or experience.

    (c) DEADLINE FOR APPOINTMENT- Members of the Commission shall be appointed within 60 days after the date of the enactment of this Act for the life of the Commission.

    (d) MEETINGS- The Commission shall have its headquarters in the District of Columbia, and shall meet at least once each month for a business session that shall be conducted by the Chairperson.

    (e) QUORUM- Seven members of the Commission shall constitute a quorum, but a lesser number may hold hearings.

    (f) CHAIRPERSON AND VICE CHAIRPERSON- No later than 15 days after the members of the Commission are appointed, such members shall designate a Chairperson and Vice Chairperson of the Commission.

    (g) CONTINUATION OF MEMBERSHIP- If a member of the Commission later becomes an officer or employee of any government, the individual may continue as a member until a successor is appointed.

    (h) VACANCIES- A vacancy in the Commission shall be filled not later than 30 days after the Commission is informed of the vacancy in the manner in which the original appointment was made.

    (i) COMPENSATION-

      (1) NO PAY, ALLOWANCE, OR BENEFIT- Members of the Commission shall receive no additional pay, allowances, or benefits by reason of their service on the Commission.

      (2) TRAVEL EXPENSES- Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code.

SEC. 1715. STAFF AND SUPPORT SERVICES.

    (a) DIRECTOR- The Chairperson shall appoint a director after consultation with the members of the Commission, who shall be paid the rate of basic pay for level V of the Executive Schedule.

    (b) STAFF- With the approval of the Commission, the director may appoint personnel as the director considers appropriate.

    (c) APPLICABILITY OF 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, and shall be paid 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.

    (d) EXPERTS AND CONSULTANTS- With the approval of the Commission, the 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, any of the personnel of that agency to the Commission to assist in carrying out its duties under this Act.

    (f) OTHER RESOURCES- The Commission shall have reasonable access to materials, resources, statistical data, and other information from the Library of Congress, as well as agencies and elected representatives of the executive and legislative branches of government. The Chairperson of the Commission shall make requests in writing where necessary.

    (g) PHYSICAL FACILITIES- The General Services Administration shall find 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. 1716. POWERS OF COMMISSION.

    (a) HEARINGS- The Commission may conduct public hearings or forums at its discretion, at any time and place it is able to secure facilities and witnesses, for the purpose of carrying out its duties.

    (b) DELEGATION OF AUTHORITY- Any member or agent of the Commission may, if authorized by the Commission, take any action the Commission is authorized to take by this section.

    (c) INFORMATION- The Commission may secure directly from any Federal agency information necessary to enable it to carry out this Act. Upon request of the Chairperson or Vice Chairperson of the Commission, the head of a Federal agency shall furnish the information to the Commission to the extent permitted by law.

    (d) GIFTS, BEQUESTS, AND DEVISES- The Commission may accept, use, and dispose of gifts, bequests, or devices of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devices shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission.

    (e) MAILS- The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies.

SEC. 1717. REPORTS.

    (a) MONTHLY REPORTS- The Commission shall submit monthly activity reports to the President and the Congress.

    (b) Reports-

      (1) INTERIM REPORT- The Commission shall submit an interim report to the President and the Congress not later than 1 year before the termination of the Commission. The interim report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for legislative and administrative action based on the Commission’s activities to date. A strategy for disseminating the report to Federal, State, and local authorities shall be formulated and submitted with the formal presentation of the report to the President and the Congress.

      (2) FINAL REPORT- Not later than the date of the termination of the Commission, the Commission shall submit to the Congress and the President a final report with a detailed statement of final findings, conclusions, and recommendations, including an assessment of the extent to which recommendations of the Commission included in the interim report under paragraph (1) have been implemented.

    (c) PRINTING AND PUBLIC DISTRIBUTION- Upon receipt of each report of the Commission under this section, the President shall--

      (1) order the report to be printed; and

      (2) make the report available to the public upon request.

SEC. 1718. TERMINATION.

    The Commission shall terminate on the date which is 2 years after the Members of the Commission have met and designated a Chairperson and Vice Chairperson.

Subtitle C--National Commission to Support Law Enforcement

SEC. 1721. SHORT TITLE.

    This subtitle may be cited as the ‘National Commission to Support Law Enforcement Act’.

SEC. 1722. CONGRESSIONAL FINDINGS.

    The Congress finds that--

      (1) law enforcement officers risk their lives daily to protect citizens, for modest rewards and too little recognition;

      (2) a significant shift has occurred in the problems that law enforcement officers face without a corresponding change in the support from the Federal Government;

      (3) law enforcement officers are on the front line in the war against drugs and crime;

      (4) the rate of violent crime continues to increase along with the increase in drug use;

      (5) a large percentage of individuals arrested test positive for drug usage;

      (6) the Presidential Commission on Law Enforcement and the Administration of Justice of 1965 focused attention on many issues affecting law enforcement, and a review twenty-five years later would help to evaluate current problems, including drug-related crime, violence, racial conflict, and decreased funding; and

      (7) a comprehensive study of law enforcement issues, including the role of the Federal Government in supporting law enforcement officers, working conditions, and responsibility for crime control would assist in redefining the relationships between the Federal Government, the public, and law enforcement officials.

SEC. 1723. ESTABLISHMENT.

    There is established a national commission to be known as the ‘National Commission to Support Law Enforcement’ (referred to in this subtitle as the ‘Commission’).

SEC. 1724. DUTIES.

    (a) IN GENERAL. --The Commission shall study and recommend changes regarding law enforcement agencies and law enforcement issues on the Federal, State, and local levels, including the following:

      (1) FUNDING- The sufficiency of funding, including a review of grant programs at the Federal level.

      (2) EMPLOYMENT- The conditions of law enforcement employment.

      (3) INFORMATION- The effectiveness of information-sharing systems, intelligence, infrastructure, and procedures among law enforcement agencies of Federal, State, and local governments.

      (4) RESEARCH AND TRAINING- The status of law enforcement research and education and training.

      (5) EQUIPMENT AND RESOURCES- The adequacy of equipment, physical resources, and human resources.

      (6) COOPERATION- The cooperation among Federal, State, and local law enforcement agencies.

      (7) RESPONSIBILITY- The responsibility of governments and law enforcement agencies in solving the crime problem.

      (8) IMPACT- The impact of the criminal justice system, including court schedules and prison overcrowding, on law enforcement.

    (b) CONSULTATION- The Commission shall conduct surveys and consult with focus groups of law enforcement officers, local officials, and community leaders across the Nation to obtain information and seek advice on important law enforcement issues.

SEC. 1725. MEMBERSHIP.

    (a) NUMBER AND APPOINTMENT- The Commission shall be composed of 29 members as follows:

      (1) 9 individuals from national law enforcement organizations representing law enforcement officers, of whom--

        (A) 2 shall be appointed by the Speaker of the House of Representatives;

        (B) 2 shall be appointed by the majority leader of the Senate;

        (C) 2 shall be appointed by the minority leader of the House of Representatives;

        (D) 2 shall be appointed by the minority leader of the Senate; and

        (E) 1 shall be appointed by the President.

      (2) 9 individuals from national law enforcement organizations representing law enforcement management, of whom--

        (A) 2 shall be appointed by the Speaker of the House of Representatives;

        (B) 2 shall be appointed by the majority leader of the Senate;

        (C) 2 shall be appointed by the minority leader of the House of Representatives;

        (D) 2 shall be appointed by the minority leader of the Senate; and

        (E) 1 shall be appointed by the President.

      (3) 2 individuals with academic expertise regarding law enforcement issues, of whom--

        (A) 1 shall be appointed by the Speaker of the House of Representatives and the majority leader of the Senate.

        (B) 1 shall be appointed by the minority leader of the Senate and the minority leader of the House of Representatives.

      (4) 2 Members of the House of Representatives, appointed by the Speaker and the minority leader of the House of Representatives.

      (5) 2 Members of the Senate, appointed by the majority leader and the minority leader of the Senate.

      (6) 1 individual from the Department of Justice, appointed by the President.

      (7) 2 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.

      (8) 2 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.

    (b) COMPTROLLER GENERAL- The Comptroller General shall serve in an advisory capacity and shall oversee the methodology and approach of the Commission’s study.

    (c) CHAIRPERSON- Upon their appointment the members of the Commission shall select one of their number to act as chairperson.

    (d) Compensation-

      (1) IN GENERAL- Members of the Commission shall receive no additional pay, allowance, or benefit by reason of service on the Commission.

      (2) TRAVEL EXPENSES- Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code.

    (e) APPOINTMENT DATES- Members of the Commission shall be appointed no later than 90 days after the enactment of this Act.

SEC. 1726. EXPERTS AND CONSULTANTS.

    (a) EXPERTS AND CONSULTANTS- The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code.

    (b) STAFF OF FEDERAL AGENCIES- Upon request of the Commission, the head of any Federal agency is authorized to detail, on a reimbursable basis, any of the personnel of that agency to the Commission to assist the Commission in carrying out its duties under this title.

    (c) ADMINISTRATIVE SUPPORT- The Administrator of General Services shall provide to the Commission, on a reimbursable basis, administrative support services as the Commission may request.

SEC. 1727. POWERS OF COMMISSION.

    (a) HEARINGS- The Commission may, for purposes of this title, hold hearings, sit and act at the times and places, take testimony, and receive evidence, as the Commission considers appropriate.

    (b) DELEGATION OF AUTHORITY- Any member or agent of the Commission may, if authorized by the Commission, take any action the Commission is authorized to take by this section.

    (c) INFORMATION- The Commission may secure directly from any Federal agency information necessary to enable it to carry out this title. Upon request of the chairperson of the Commission, the head of an agency shall furnish the information to the Commission to the extent permitted by law.

    (d) GIFTS AND DONATIONS- The Commission may accept, use, and dispose of gifts or donations of services or property.

    (e) MAILS- The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies.

SEC. 1728. REPORT.

    Not later than the expiration of the eighteen-month period beginning on the date of the appointment of the members of the Commission, a report containing the findings of the Commission and specific proposals for legislation and administrative actions that the Commission has determined to be appropriate shall be submitted to Congress.

SEC. 1729. TERMINATION.

    The Commission shall cease to exist upon the expiration of the 60-day period beginning on the date on which the Commission submits its report under section 1738.

SEC. 1730. REPEALS.

    Title XXXIV of the Crime Control Act of 1990 (Public Law 101-647; 104 Stat. 4918) and title II, section 211B of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1991 (Public Law 101-515; 104 Stat. 2122) are repealed.

Subtitle D--Presidential Summit on Violence

SEC. 1731. CONGRESSIONAL FINDINGS.

    The Congress finds that--

      (1) violence in America has reached epidemic proportions;

      (2) this epidemic reaches into communities large and small, affects the richest and the poorest among us, touches people of every ethnic and economic background, and affects all institutions, both public and private;

      (3) actual violence and depictions of violence are so pervasive that they have an enormous impact on the lives and character of our children;

      (4) every person, group, and institution in America has a role to play in ending the epidemic of violence; and

      (5) we need a national conference in order to develop a shared understanding of the causes of violence in America and to build a national consensus on the solutions to this epidemic.

SEC. 1732. PRESIDENTIAL SUMMIT ON VIOLENCE.

    Congress calls on the President to convene as soon as possible a national summit on violence in America. The President is urged to include participants from all regions of the country and all walks of life, both public and private.

Subtitle E--Commission on Violence in Schools

SEC. 1741. ESTABLISHMENT SCHOOLS.

    There is established, subject to appropriations, a commission to be known as the ‘National Commission on Violence in America’s Schools’ (referred to in this subtitle as the ‘Commission’).

SEC. 1742. PURPOSES.

    The purposes of the Commission are--

      (1) to develop comprehensive and effective recommendations to combat the national problem of national scale and prepare a report including an estimated cost for implementing any recommendations made by the Commission;

      (2) to study the complexities, scope, nature, and causes of violence in the Nation’s schools;

      (3) to being attention to successful models and programs in violence prevention and control;

      (4) to recommend improvements in the coordination of local, State, and Federal agencies in the areas of violence in schools prevention; and

      (5) to make a comprehensive study of the economic and social factors leading to or contributing to violence in schools and specific proposals for legislative and administrative actions to reduce violence and the elements that contribute to it.

SEC. 1743. DUTIES.

    The Commission shall--

      (1) define the causes of violence in schools;

      (2) define the scope of the national problem of violence in schools;

      (3) provide statistics and data on the problem of violence in schools on a State-by-State basis;

      (4) investigate the problem of youth gangs and their relation to violence in schools and provide recommendations as to how to reduce youth involvement in violent crime in schools;

      (5) examine the extent to which weapons and firearms in schools have contributed to violence and murder in schools;

      (6) explore the extent to which the school environment has contributed to violence in schools; and

      (7) review the effectiveness of current approaches in preventing violence in schools.

SEC. 1744. MEMBERSHIP.

    (a) NUMBER AND APPOINTMENT-

      (1) IN GENERAL- The Commission shall consist of 22 members, as follows:

        (A) PRESIDENT- Two persons appointed by the President.

        (B) SENATE- Five persons appointed by the majority leader of the Senate and five persons appointed by the minority leader of the Senate.

        (C) HOUSE OF REPRESENTATIVES- Five persons appointed by the Speaker of the House of Representatives, and five persons appointed by the minority leader of the House of Representatives.

      (2) GOALS IN MAKING APPOINTMENTS- In appointing individuals as members of the Commission, the President and the majority and minority leaders of the House of Representatives and the Senate shall seek to ensure that--

        (A) the membership of the Commission reflects the racial, ethnic, and gender diversity of the United States; and

        (B) members are specially qualified to serve on the Commission by reason of their education, training, expertise, or experience in--

          (i) sociology;

          (ii) psychology;

          (iii) law;

          (iv) law enforcement; and

          (v) ethnography and urban poverty, including health care, housing, education, and employment.

    (b) DEADLINE FOR APPOINTMENT- Members of the Commission shall be appointed within 60 days after the date of the enactment of this Act for the life of the Commission.

    (c) MEETINGS- The Commission shall have its headquarters in the District of Columbia, and shall meet at least once each month for a business session that shall be conducted by the Chairperson.

    (d) QUORUM- Thirteen members of the Commission shall constitute a quorum, but a lesser number may hold hearings.

    (e) CHAIRPERSON AND VICE CHAIRPERSON- No later than 15 days after the members of the Commission are appointed, such members shall designate a Chairperson and Vice Chairperson of the Commission.

    (f) CONTINUATION OF MEMBERSHIP- If a member of the Commission later becomes an officer or employee of any government, the individual may continue as a member until a successor is appointed.

    (g) VACANCIES- A vacancy in the Commission shall be filled not later than 30 days after the Commission is informed of the vacancy in the manner in which the original appointment was made.

    (h) COMPENSATION-

      (1) NO PAY, ALLOWANCE, OR BENEFIT- Members of the Commission shall receive no additional pay, allowances, or benefits by reason of their service on the Commission.

      (2) TRAVEL EXPENSES- Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code.

SEC. 1745. STAFF AND SUPPORT SERVICES.

    (a) DIRECTOR- The Chairperson shall appoint a director after consultation with the members of the Commission, who shall be paid the rate of basic pay for level V of the Executive Schedule.

    (b) STAFF- With the approval of the Commission, the director may appoint personnel as the director considers appropriate.

    (c) APPLICABILITY OF 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, and shall be paid 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.

    (d) EXPERTS AND CONSULTANTS- With the approval of the Commission, the 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, any of the personnel of that agency to the Commission to assist in carrying out its duties under this Act.

    (f) OTHER RESOURCES- The Commission shall have reasonable access to materials, resources, statistical data, and other information from the Library of Congress, as well as agencies and elected representatives of the executive and legislative branches of government. The Chairperson of the Commission shall make requests in writing where necessary.

    (g) PHYSICAL FACILITIES- The General Services Administration shall find 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. 1746. POWERS OF COMMISSION.

    (a) HEARINGS- The Commission may conduct public hearings or forums at its discretion, at any time and place it is able to secure facilities and witnesses, for the purpose of carrying out its duties.

    (b) DELEGATION OF AUTHORITY- Any member or agent of the Commission may, if authorized by the Commission, take any action the Commission is authorized to take by this section.

    (c) INFORMATION- The Commission may secure directly from any Federal agency information necessary to enable it to carry out this Act. Upon request of the Chairperson or Vice Chairperson of the Commission, the head of a Federal agency shall furnish the information to the Commission to the extent permitted by law.

    (d) GIFTS, BEQUESTS, AND DEVISES- The Commission may accept, use, and dispose of gifts, bequests, or devices of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devices shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission.

    (e) MAILS- The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies.

SEC. 1747. REPORTS.

    (a) MONTHLY REPORTS- The Commission shall submit monthly activity reports to the President and the Congress.

    (b) Reports-

      (1) INTERIM REPORT- The Commission shall submit an interim report to the President and the Congress not later than 1 years before the termination of the Commission. The interim report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for legislative and administrative action based on the Commission’s activities to date. A strategy for disseminating the report to Federal, State, and local authorities shall be formulated and submitted with the formal presentation of the report to the President and the Congress.

      (2) FINAL REPORT- Not later than the date of the termination of the Commission, the Commission shall submit to the Congress and the President a final report with a detailed statement of final findings, conclusions, and recommendations, including an assessment of the extent to which recommendations of the Commission included in the interim report under paragraph (1) have been implemented.

    (c) PRINTING AND PUBLIC DISTRIBUTION- Upon receipt of each report of the Commission under this section, the President shall--

      (1) order the report to be printed; and

      (2) make the report available to the public upon request.

SEC. 1748. TERMINATION.

    The Commission shall terminate on the date which is 2 years after the members of the Commission have met and designated a Chairperson and Vice Chairperson.

SEC. 1749. AUTHORIZATION OF APPROPRIATIONS.

    There are authorizedto be appropriated such sums as are necessary to enable the Commission to carry out its duties under this subtitle.

TITLE XVIII--BAIL POSTING REPORTING

SEC. 1801. SHORT TITLE.

    This title may be cited as the ‘Illegal Drug Profits Act of 1993’.

SEC. 1802. REQUIRED REPORTING BY CRIMINAL COURT CLERKS.

    (a) IN GENERAL- Each clerk of a Federal or State criminal court shall report to the Internal Revenue Service, in a form and manner as prescribed by the Secretary of the Treasury, the name and taxpayer identification number of--

      (1) any individual charged with any criminal offense who posts cash bail, or on whose behalf cash bail is posted, in an amount exceeding $10,000; and

      (2) any individual or entity (other than a licensed bail bonding individual or entity) posting such cash bail for or on behalf of such individual.

    (b) CRIMINAL OFFENSES- For purposes of subsection (a), the term ‘criminal offense’ means--

      (1) any Federal criminal offense involving a controlled substance;

      (2) racketeering (as defined in section 1951, 1952, or 1955 of title 18, United States Code);

      (3) money laundering (as defined in section 1956 or 1957 of title 18, United States Code); and

      (4) any violation of State criminal law involving an offense substantially similar to an offense described in paragraph (1), (2), or (3).

    (c) COPY TO PROSECUTORS- Each clerk shall submit a copy of each report of cash bail described in subsection (a) to--

      (1) the office of the United States Attorney; and

      (2) the office of the local prosecuting attorney, for the jurisdiction in which the defendant resides (and the jurisdiction in which the criminal offense occurred, if different).

    (d) REGULATIONS- The Secretary of the Treasury shall promulgate such regulations as are necessary within 90 days of the date of enactment of this Act.

    (e) EFFECTIVE DATE- This section shall become effective 60 days on the date of the promulgation of regulations under subsection (d).

TITLE XIX--MOTOR VEHICLE THEFT PREVENTION

SEC. 1901. SHORT TITLE.

    This title may be cited as the ‘Motor Vehicle Theft Prevention Act’.

SEC. 1902. 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 such sums as are necessary to carry out this section.

SEC. 1903. 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 XX--PROTECTIONS FOR THE ELDERLY

SEC. 2001. 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 $1,000,000 for each of fiscal years 1995, 1996, and 1997.

SEC. 2002. 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 XXI--CONSUMER PROTECTION

SEC. 2101. 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, with the intent to deceive, knowingly 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 jeopardizes the safety and soundness of an insurer.

    ‘(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) jeopardizes the safety and soundness of an insurer, 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--

      ‘(A) deceive any person about the financial condition or solvency of such business, or

      ‘(B) deceive 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 jeopardizes the safety and soundness of an insurer, 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 or any receiver or similar official or any liquidating agent for such an entity, in his or her capacity as such, 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 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) TECHNICAL AMENDMENT- The chapter analysis for chapter 47 of title 18, United States Code, 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.’.

    (c) MISCELLANEOUS AMENDMENTS TO TITLE 18, UNITED STATES CODE-

      (1) TAMPERING WITH INSURANCE REGULATORY PROCEEDINGS- Section 1515(a)(1) of title 18, United States Code, is amended--

        (A) by striking ‘or’ at the end of subparagraph (B);

        (B) by inserting ‘or’ at the end of subparagraph (C); and

        (C) by adding at the end 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;’.

      (2) LIMITATIONS- Section 3293 of title 18, United States Code, is amended by inserting ‘1033,’ after ‘1014,’.

      (3) 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. 2102. CONSUMER PROTECTION AGAINST CREDIT CARD FRAUD ACT OF 1993.

    (a) SHORT TITLE- This section may be cited as the ‘Consumer Protection Against Credit Card Fraud Act of 1993’.

    (b) FRAUD AND RELATED ACTIVITY IN CONNECTION WITH ACCESS DEVICES- Section 1029 of title 18, United States Code, is amended in subsection (a) by inserting after paragraph (4) the following new paragraphs:

      ‘(5) knowingly and with intent to defraud effects transactions, with one or more access devices issued to another person or persons, to receive payment or any other thing of value during any one-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, one or more evidences or records of transactions made by an access device;’.

    (c) TECHNICAL AMENDMENTS- Section 1029 of title 18, United States Code, as amended by subsection (b), is amended--

      (1) in subsection (a) by striking ‘or’ at the end of paragraph (3);

      (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) by--

        (A) striking ‘and’ at the end of paragraph (5);

        (B) adding ‘and’ at the end of paragraph (6); and

        (C) adding at the end thereof 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 it is affiliated with or identical to the credit card issuer, that is the sole member of a credit card system.’.

SEC. 2103. MAIL FRAUD.

    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’.

TITLE XXII--FINANCIAL INSTITUTION FRAUD PROSECUTIONS

SEC. 2201. SHORT TITLE.

    This title may be cited as the ‘Financial Institutions Fraud Prosecution Act of 1991’.

SEC. 2202. 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. 2203. 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. 2204. CRIME CONTROL ACT AMENDMENT.

    Section 2546 of the Crime Control Act of 1990 (Public Law 101-647, 104 Stat. 4885) is amended by adding at the end the following new subsection:

    ‘(c) FRAUD TASK FORCES REPORT- In addition to the reports required under subsection (a), the Attorney General is encouraged to submit a report to the Congress containing the findings of the financial institutions fraud task forces established under section 2539 as they relate to the collapse of private deposit insurance corporations, together with recommendations for any regulatory or legislative changes necessary to prevent such collapses in the future.’.

TITLE XXIII--SAVINGS AND LOAN PROSECUTION TASK FORCE

SEC. 2301. SAVINGS AND LOAN PROSECUTION TASK FORCE.

    The Attorney General shall establish within the Justice Department a savings and loan criminal fraud task force to prosecute in an aggressive manner those criminal cases involving savings and loan institutions.

TITLE XXIV--SENTENCING PROVISIONS

SEC. 2401. 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. 2402. 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. 2403. 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 adding at the end the following new subsections:

    ‘(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. 2404. FLEXIBILITY IN APPLICATION OF MANDATORY MINIMUM SENTENCE PROVISIONS IN CERTAIN CIRCUMSTANCES.

    (a) AMENDMENT OF TITLE 18, UNITED STATES CODE- Section 3553 of title 18, United States Code, is amended by adding at the end the following new subsection:

    ‘(f) MANDATORY MINIMUM SENTENCE PROVISIONS-

      ‘(1) SENTENCING UNDER THIS SECTION- In the case of an offense described in paragraph (2), the court shall, notwithstanding the requirement of a mandatory minimum sentence in that section, impose a sentence in accordance with this section and the sentencing guidelines and any pertinent policy statement issued by the United States Sentencing Commission.

      ‘(2) OFFENSES- An offense is described in this paragraph if--

        ‘(A) the defendant is subject to a mandatory minimum term of imprisonment under section 401 or 402 of the Controlled Substances Act (21 U.S.C. 841 and 844) or section 1010 of the Controlled Substances Import and Export Act (21 U.S.C. 960);

        ‘(B) the defendant does not have--

          ‘(i) more than 0 criminal history point under the sentencing guidelines; or

          ‘(ii) any prior conviction, foreign or domestic, for a crime of violence against the person or drug trafficking offense that resulted in a sentence of imprisonment (or an adjudication as a juvenile delinquent for an act that, if committed by an adult, would constitute a crime of violence against the person or drug trafficking offense;

        ‘(C) the offense did not result in death or serious bodily injury (as defined in section 1365) to any person--

          ‘(i) as a result of the act of any person during the course of the offense; or

          ‘(ii) as a result of the use by any person of a controlled substance that was involved in the offense;

        ‘(D) the defendant did not carry or otherwise have possession of a firearm (as defined in section 921) or other dangerous weapon during the course of the offense and did not direct another person who possessed a firearm to do so and the defendant had no knowledge of any other conspirator involved possessing a firearm;

        ‘(E) the defendant was not an organizer, leader, manager, or supervisor of others (as defined or determined under the sentencing guidelines) in the offense; and

        ‘(F) the defendant was nonviolent in that the defendant did not use, attempt to use, or make a credible threat to use physical force against the person of another during the course of the offense.

        ‘(G) the defendant did not own the drugs, finance any part of the offense or sell the drugs.’.

    (b) HARMONIZATION-

      (1) IN GENERAL- The United States Sentencing Commission--

        (A) may make such amendments as it deems necessary and appropriate to harmonize the sentencing guidelines and policy statements with section 3553(f) of title 18, United States Code, as added by subsection (a), and promulgate policy statements to assist the courts in interpreting that provision; and

        (B) shall amend the sentencing guidelines, if necessary, to assign to an offense under section 401 or 402 of the Controlled Substances Act (21 U.S.C. 841 and 844) or section 1010 of the Controlled Substances Import and Export Act (21 U.S.C. 960) to which a mandatory minimum term of imprisonment applies a guideline level that will result in the imposition of a term of imprisonment at least equal to the mandatory term of imprisonment that is currently applicable unless a downward adjustment is authorized under section 3553(f) of title 18, United States Code, as added by subsection (a).

      (2) If the Commission determines that an expedited procedure is necessary in order for amendments made pursuant to paragraph (1) to become effective on the effective date specified in subsection (c), the Commission may promulgate such amendments as emergency amendments under the procedures set forth in section 21(a) of the Sentencing Act of 1987 (Public Law 100-182; 101 Stat. 1271), as though the authority under that section had not expired.

    (c) EFFECTIVE DATE- The amendment made by subsection (a) and any amendments to the sentencing guidelines made by the United States Sentencing Commission pursuant to subsection (b) shall apply with respect to sentences imposed for offenses committed on or after the date that is 60 days after the date of enactment of this Act. Notwithstanding any other provision of law, any defendant who has been sentenced pursuant to section 3553(f) who is subsequently convicted of a violation of the Controlled Substances Act or any crime of violence for which imposition of a mandatory minimum term of imprisonment is required, he or she shall be sentenced to an additional 5 years imprisonment.

SEC. 2405. MANDATORY PRISON TERMS FOR USE, POSSESSION, OR CARRYING OF A FIREARM OR DESTRUCTIVE DEVICE DURING A STATE CRIME OF VIOLENCE OR STATE DRUG TRAFFICKING CRIME.

    Section 924(c) of title 18, United States Code, is amended by adding at the end the following new paragraph:

    ‘(4)(A) A person who, during and in relation to a crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of any State--

      ‘(i) in the case of a first conviction of such a crime, in addition to the sentence imposed for the crime of violence or drug trafficking crime--

        ‘(I) knowingly possesses a firearm shall be imprisoned not less than 10 years;

        ‘(II) discharges a firearm with intent to injure another person shall be imprisoned not less than 20 years; or

        ‘(III) knowingly possesses a firearm that is a machinegun or destructive device or is equipped with a firearm silencer or firearm muffler shall be imprisoned not less than 30 years;

      ‘(ii) in the case of a second conviction of such a crime, in addition to the sentence imposed for the crime of violence or drug trafficking crime--

        ‘(I) shall be imprisoned not less than 20 years if the person was in possession of a firearm during and in relation to the crime of violence or drug trafficking crime;

        ‘(II) shall be imprisoned not less than 30 years if the person discharged a firearm during and in relation to the crime of violence or drug trafficking crime; or

        ‘(III) if the person discharges a firearm that is a machinegun or a destructive device or is equipped with a firearm silencer or firearm muffler, shall be imprisoned for life; and

      ‘(iii) in the case of a third or subsequent conviction of such a crime, shall be imprisoned for life.

    ‘(B)(i) Notwithstanding any other law, a court shall not place on probation or suspend the sentence of any person convicted of a violation of this subsection, nor shall a term of imprisonment imposed under this subsection run concurrently with any other term of imprisonment including that imposed for the crime of violence or drug trafficking crime in which the firearm was used.

    ‘(ii) No person sentenced under this subsection shall be released for any reason whatsoever during a term of imprisonment imposed under this paragraph.

    ‘(C) For the purposes of paragraph (A), a person shall be considered to be in possession of a firearm if--

      ‘(i) in the case of a crime of violence, the person touches a firearm at the scene of the crime at any time during the commission of the crime; and

      ‘(ii) in the case of a drug trafficking crime, the person has a firearm readily available at the scene of the crime.

    ‘(D) Except in the case of a person who engaged in or participated in criminal conduct that gave rise to the occasion for the person’s use of a firearm, this paragraph has no application to a person who may be found to have committed a criminal act while acting in defense of person or property during the course of a crime being committed by another person (including the arrest or attempted arrest of the offender during or immediately after the commission of the crime).

    ‘(E) In this paragraph--

      ‘crime of violence’ means an offense that is punishable by imprisonment for more than 1 year and--

        ‘(I) has as an element the use, attempted use, or threatened use of physical force against the person or property of another; or

        ‘(II) by its nature involves a substantial risk that physical force against the person or property of another may be used during the course of the offense.

      ‘drug trafficking crime’ means a crime punishable by imprisonment for more than 1 year involving the manufacture, distribution, possession, cultivation, sale, or transfer of a controlled substance, controlled substance analogue, immediate precursor, or listed chemical (as those terms are defined in section 102 of the Controlled Substance Act (21 U.S.C. 802)), or an attempt or conspiracy to commit such a crime.

    ‘(F) It is the intent of Congress that--

      ‘(i) this paragraph shall be used to supplement but not supplant the efforts of State and local prosecutors in prosecuting crimes of violence and drug trafficking crimes that could be prosecuted under State law; and

      ‘(ii) the Attorney General shall give due deference to the interest that a State or local prosecutor has in prosecuting a person under State law.

    ‘(G) This paragraph does not create any rights, substantive or procedural, enforceable at law by any party in any manner, civil or criminal, nor does it place any limitations on otherwise lawful prerogatives of the Attorney General.

    ‘(H) There is a Federal jurisdiction over an offense under this paragraph if a firearm involved in the offense has moved at any time in interstate or foreign commerce.’.

SEC. 2406. MURDER INVOLVING FIREARM.

    (a) IN GENERAL- Chapter 51 of title 18, United States Code, as amended by section 504(a), is amended by adding at the end the following section:

‘Sec. 1122. Murder involving firearm

    ‘(a) OFFENSE- A person who has been found guilty of causing, through the use of a firearm, as defined in section 921 of this title, the death of another person, intentionally, knowingly, or through recklessness manifesting extreme indifference to human life, or through the intentional infliction of serious bodily injury, shall be punished by death or imprisoned for any term of years or for life. Whenever the government seeks a sentence of death under this section, the procedures set forth in title 18, chapter 228, shall apply.

    ‘(b) JURISDICTION- There is Federal jurisdiction over an offense under this section if--

      ‘(1) the conduct of the offender occurred in the course of an offense against the United States; or

      ‘(2) a firearm involved in the offense has moved at any time in interstate or foreign commerce.

    ‘(c) It is the intent of Congress that--

      ‘(1) this paragraph shall be used to supplement but not supplant the efforts of State and local prosecutors in prosecuting murders involving firearms that have moved in interstate or foreign commerce that could be prosecuted under State law; and

      ‘(2) the Attorney General shall give due deference to the interest that a State or local prosecutor has in prosecuting a person under Staate law.

    ‘(d) This paragraph does not create any rights, substantive or procedural, enforceable at law by any party in any manner, civil or criminal, nor does it place any limitations on otherwise lawful prerogratives of the Attorney General.’.

    (b) TECHNICAL AMENDMENT- The chapter analysis for chapter 51 of title 18, United States Code, as amended by section 504(b), is amended by adding at the end the following new item:

      ‘Sec. 1122. Murder involving firearm.’.

SEC. 2407. MANDATORY MINIMUM PRISON SENTENCES FOR THOSE WHO SELL ILLEGAL DRUGS TO MINORS OR WHO USE MINORS IN DRUG TRAFFICKING ACTIVITIES.

    (a) DISTRIBUTION TO PERSONS UNDER AGE 18- Section 418 of the Controlled Substances Act (21 U.S.C. 859) is amended--

      (1) in subsection (a) (first offense) by inserting after the second sentence ‘Except to the extent a greater minimum sentence is otherwise provided by section 401(b), a term of imprisonment under this subsection in a case involving distribution to a person under 18 years of age by a person 21 or more years of age shall be not less than 10 years. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under the preceding sentence.’; and

      (2) in subsection (b) (second offense) by inserting after the second sentence ‘Except to the extent a greater sentence is otherwise authorized by section 401(b), a term of imprisonment under this subsection in a case involving distribution to a person under 18 years of age by a person 21 or more years of age shall be a mandatory term of life imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under the preceding sentence.’.

    (b) EMPLOYMENT OF PERSONS UNDER 18 YEARS OF AGE- Section 420 of the Controlled Substances Act (21 U.S.C. 861) is amended--

      (1) in subsection (b) by adding at the end the following: ‘Except to the extent a greater minimum sentence is otherwise provided, a term of imprisonment of a person 21 or more years of age convicted under this subsection shall be not less than 10 years. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under the preceding sentence.’; and

      (2) in subsection (c) (penalty for second offenses) by inserting after the second sentence the following: ‘Except to the extent a greater minimum sentence is otherwise provided, a term of imprisonment of a person 21 or more years of age convicted under this subsection shall be a mandatory term of life imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under the preceding sentence.’.

SEC. 2408. LIFE IMPRISONMENT WITHOUT RELEASE FOR DRUG FELONS AND VIOLENT CRIMINALS CONVICTED A THIRD TIME.

    Section 401(b)(1)(A) of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A)) is amended by striking ‘If any person commits a violation of this subparagraph or of section 418, 419, or 420 after two or more prior convictions for a felony drug offense have become final, such person shall be sentenced to a mandatory term of life imprisonment without release and fined in accordance with the preceding sentence.’ and inserting ‘If any person commits a violation of this subparagraph or of section 418, 419, or 420 (21 U.S.C. 859, 860, and 861) or a crime of violence after 2 or more prior convictions for a felony drug offense or crime of violence or for any combination thereof have become final, such person shall be sentenced to not less than a mandatory term of life imprisonment without release and fined in accordance with the preceding sentence. For purposes of this subparagraph, the term ‘crime of violence’ means an offense that is a felony punishable by a maximum term of imprisonment of 10 years or more and has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or by its nature involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.’.

SEC. 2409. 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. 2410. 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 XXV--SENTENCING AND MAGISTRATES AMENDMENTS

SEC. 2501. AUTHORIZATION OF PROBATION FOR PETTY OFFENSES IN CERTAIN CASES.

    Section 3561(a)(3) of title 18, United States Code, is amended by adding at the end: ‘However, this paragraph does not preclude the imposition of a sentence to a term of probation for a petty offense if the defendant has been sentenced to a term of imprisonment at the same time for another such offense.’.

SEC. 2502. TRIAL BY A MAGISTRATE IN PETTY OFFENSE CASES.

    Section 3401 of title 18, United States Code, is amended--

      (1) in subsection (b) by adding ‘other than a petty offense’ after ‘misdemeanor’; and

      (2) in subsection (g) by amending the first sentence to read as follows: ‘The magistrate judge may, in a petty offense case involving a juvenile, exercise all powers granted to the district court under chapter 403 of this title.’.

TITLE XXVI--COMPUTER CRIME

SEC. 2601. COMPUTER ABUSE AMENDMENTS ACT OF 1993.

    (a) SHORT TITLE- This title may be cited as the ‘Computer Abuse Amendments Act of 1993’.

    (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 knowledge and 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 knowledge and 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)’; and

      (3) in paragraph (3)(B) by striking the period at the end thereof and inserting ‘; and’; and

      (4) by adding at the end thereof the following:

      ‘(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 thereof 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 XXVII--INTERNATIONAL PARENTAL KIDNAPPING

SEC. 2701. SHORT TITLE.

    This subtitle may be cited as the ‘International Parental Kidnapping Crime Act of 1993’.

SEC. 2702. TITLE 18 AMENDMENT.

    (a) IN GENERAL- Chapter 55 (relating to kidnapping) of title 18, United States Code, is amended by adding at the end the following new section:

‘Sec. 1204. International parental kidnapping

    ‘(a) DEFINITIONS- In this section--

      ‘child’ means a person who has not attained the age of 16 years.

      ‘parental rights’, with respect to a child, means the right to physical custody of the child--

        ‘(A) whether joint or sole (and includes visiting rights); and

        ‘(B) whether arising by operation of law, court order, or legally binding agreement of the parties.

    ‘(b) OFFENSE- A person who removes a child from the United States or retains a child (who has been in the United States) outside the United States with intent to obstruct the lawful exercise of parental rights shall be fined under this title, imprisoned not more than 3 years, or both.

    ‘(c) AFFIRMATIVE DEFENSES- It shall be an affirmative defense under this section that--

      ‘(1) the defendant acted within the provisions of a valid court order granting the defendant legal custody or visitation rights, and that order was obtained pursuant to the Uniform Child Custody Jurisdiction Act and was in effect at the time of the offense;

      ‘(2) the defendant was fleeing an incidence or pattern of domestic violence; or

      ‘(3) the defendant had physical custody of the child pursuant to a court order granting legal custody or visitation rights and failed to return the child as a result of circumstances beyond the defendant’s control, and the defendant notified or made reasonable attempts to notify the other parent or lawful custodian of the child of such circumstances within 24 hours after the visitation period had expired and returned the child as soon as possible.

    ‘(d) RULE OF CONSTRUCTION- This section does not detract from The Hague Convention on the Civil Aspects of International Parental Child Abduction, done at The Hague on October 25, 1980.’.

    (b) SENSE OF THE CONGRESS- It is the sense of the Congress that, inasmuch as use of the procedures under The Hague Convention on the Civil Aspects of International Parental Child Abduction has resulted in the return of many children, those procedures, in circumstances in which they are applicable, should be the option of first choice for a parent who seeks the return of a child who has been removed from the parent.

    (c) TECHNICAL AMENDMENT- The chapter analysis for chapter 55 of title 18, United States Code, is amended by adding at the end the following new item:

      ‘1204. International parental kidnapping.’.

SEC. 2703. STATE COURT PROGRAMS REGARDING INTERSTATE AND INTERNATIONAL PARENTAL CHILD ABDUCTION.

    There is authorized to be appropriated $250,000 to carry out under the State Justice Institute Act of 1984 (42 U.S.C. 10701 et seq.) national, regional, and in-State training and educational programs dealing with criminal and civil aspects of interstate and international parental child abduction.

TITLE XXVIII--SAFE SCHOOLS

SEC. 2801. SHORT TITLE.

    This title may be cited as the ‘Safe Schools Act of 1993’.

SEC. 2802. SAFE SCHOOLS.

    (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 1204(a), is amended--

      (1) by redesignating part W as part X;

      (2) by redesignating section 2301 as section 2401; and

      (3) by inserting after part V the following new part:

‘PART W--SAFE SCHOOLS ASSISTANCE

‘SEC. 2301. GRANT AUTHORIZATION.

    ‘(a) IN GENERAL- The Director of the Bureau of Justice Assistance, in consultation with the Secretary of Education, may make grants to local educational agencies for the purpose of providing assistance to such agencies most directly affected by crime and violence.

    ‘(b) MODEL PROJECT- The Director, in consultation with the Secretary of Education, shall develop a written safe schools model in English and in other appropriate languages in a timely fashion and make such model available to any local educational agency that requests such information.

‘SEC. 2302. USE OF FUNDS.

    ‘Grants made by the Director under this part shall be used--

      ‘(1) to fund anticrime and safety measures and to develop education and training programs for the prevention of crime, violence, and use of illegal drugs and alcohol;

      ‘(2) for counseling programs for victims of crime within schools;

      ‘(3) for crime prevention equipment, including metal detectors and video-surveillance devices;

      ‘(4) for the prevention and reduction of the participation of young individuals in organized crime and drug and gang-related activities in schools;and

      ‘(5) to fund education programs to teach young individuals about the United States criminal justice system, including education about the applicable penalties for the use and sale of illegal drugs and the commission of violent or drug-related offenses.

‘SEC. 2303. APPLICATIONS.

    ‘(a) IN GENERAL- In order to be eligible to receive a grant under this part for any fiscal year, a local educational agency shall submit an application to the Director in such form and containing such information as the Director may reasonably require.

    ‘(b) REQUIREMENTS- Each application under subsection (a) shall include--

      ‘(1) a request for funds for the purposes described in section 2302;

      ‘(2) a description of the schools and communities to be served by the grant, including the nature of the crime and violence problems within such schools;

      ‘(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 part; and

      ‘(4) statistical information in such form and containing such information that the Director may require regarding crime within schools served by such local educational agency.

    ‘(c) COMPREHENSIVE PLAN- Each application shall include a comprehensive plan that shall contain--

      ‘(1) a description of the crime problems within the schools targeted for assistance;

      ‘(2) a description of the projects to be developed;

      ‘(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 met with existing resources;

      ‘(4) an explanation of how the requested grant will be used to fill gaps;

      ‘(5) a description of the system the applicant will establish to prevent and reduce crime problems; and

      ‘(6) a description of educational materials to be developed in English and in other appropriate languages.

‘SEC. 2304. ALLOCATION OF FUNDS; LIMITATIONS ON GRANTS.

    ‘(a) ADMINISTRATIVE COST LIMITATION- The Director shall use not more than 5 percent of the funds available under this part 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 Director determines that the funds made available to the recipient during the previous year were used in a manner required under the approved application; and

      ‘(2) the Director determines that an additional grant is necessary to implement the crime prevention program described in the comprehensive plan as required by section 2303(c).

‘SEC. 2305. AWARD OF GRANTS.

    ‘(a) SELECTION OF RECIPIENTS- The Director, in consultation with the Secretary of Education, shall consider the following factors in awarding grants to local educational agencies:

      ‘(1) CRIME PROBLEM- The nature and scope of the crime problem in the targeted schools.

      ‘(2) NEED AND ABILITY- Demonstrated need and evidence of the ability to provide the services described in the plan required under section 2303(c).

    ‘(b) GEOGRAPHIC DISTRIBUTION- The Director shall attempt, to the extent practicable, to achieve an equitable geographic distribution of grant awards.

‘SEC. 2306. REPORTS.

    ‘(a) REPORT TO DIRECTOR- Local educational agencies that receive funds under this part shall submit to the Director a report not later than March 1 of each year that describes progress achieved in carrying out the plan required under section 2303(c).

    ‘(b) REPORT TO CONGRESS- The Director shall submit to the Committee on Education and Labor and the Committee on the Judiciary a report by October 1 of each year in which grants are made available under this part which shall contain a detailed statement regarding grant awards, activities of grant recipients, a compilation of statistical information submitted by applicants under 2303(b)(4), and an evaluation of programs established under this part.

‘SEC. 2307. DEFINITIONS.

    ‘For the purposes of this part:

      ‘(1) The term ‘Director’ means the Director of the Bureau of Justice Assistance.

      ‘(2) The term ‘local educational agency’ means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary and secondary schools in a city, county, township, school district, or other political subdivision of a State, or such combination of school districts of counties as are recognized in a State as an administrative agency for its public elementary and secondary schools. Such term includes any other public institution or agency having administrative control and direction of a public elementary or secondary school.’.

    (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 1204(b), is amended by striking the matter relating to part W and inserting the following:

‘Part W--Safe Schools Assistance

      ‘Sec. 2301. Grant authorization.

      ‘Sec. 2302. Use of funds.

      ‘Sec. 2303. Applications.

      ‘Sec. 2304. Allocation of funds; limitations on grants.

      ‘Sec. 2305. Award of grants.

      ‘Sec. 2306. Reports.

      ‘Sec. 2307. Definitions.

‘Part X--Transition; Effective Date; Repealer

      ‘Sec. 2401. Continuation of rules, authorities, and proceedings.’.

    (c) AUTHORIZATION OF APPROPRIATIONS- Section 1001(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), as amended by section 1204(d), 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:

    ‘(17) There are authorized to be appropriated to carry out projects under part W $100,000,000 for each of fiscal years 1994, 1995, and 1996.’.

SEC. 2803. STATE LEADERSHIP ACTIVITIES TO PROMOTE SAFE SCHOOLS PROGRAM.

    (a) SHORT TITLE; DEFINITIONS-

      (1) SHORT TITLE- This section may be cited as the ‘State Leadership Activities to Promote Safe Schools Act’.

      (2) DEFINITIONS- For the purpose of this section--

        (A) the term ‘local educational agency’ has the same meaning given such term in section 1471(12) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2891(12));

        (B) the term ‘Secretary’ means the Secretary of Education;

        (C) the term ‘State educational agency’ has the same meaning given such term in section 1471(23) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2891(23)); and

        (D) the term ‘State’ means each of the 50 States, the District of Columbia and the Commonwealth of Puerto Rico.

    (b) AUTHORITY- The Secretary is authorized to award grants to State educational agencies from allocations under subsection (c) to enable such agencies to carry out the authorized activities described in subsection (e).

    (c) ALLOCATION- Each State educational agency having on application approved under subsection (d) shall be eligible to receive a grant under this section for each fiscal year that bears the same ratio to the amount appropriated pursuant to the authority of subsection (f) for such year as the amount such State educational agency receives pursuant to section 1006 of the Elementary and Secondary Education Act of 1965 for such year bears to the total amount allocated to all such agencies in all States having applications approved under subsection (d) for such year, except that no State educational agency having an application approved under subsection (d) in any fiscal year shall receive less than $100,000 for such year.

    (d) APPLICATION- Each State educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner and containing such information as the Secretary may reasonably require. Each such application shall--

      (1) describe the activities and services for which assistance is sought;

      (2) contain a statement of the State educational agency’s goals and objectives for violence prevention and a description of the procedures to be used for assessing and publicly reporting progress toward meeting those goals and objectives; and

      (3) contain a description of how the State educational agency will coordinate such agency’s activities under this section with the violence prevention efforts of other State agencies.

    (e) USE OF FUNDS- Grant funds awarded under this section shall be used--

      (1) to support a statewide resource coordinator;

      (2) to provide technical assistance to both rural and urban local school districts;

      (3) to disseminate to local educational agencies and schools information on successful school violence prevention programs funded through Federal, State, local and private sources;

      (4) to make available to local educational agencies teacher training and parent and student awareness programs, which training and programs may be provided through video or other telecommunications approaches; and

      (5) for other activities the State educational agency may deem appropriate.

    (f) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated $10,000,000 for each of the fiscal years 1995 and 1996 to carry out this section.

TITLE XXIX--MISCELLANEOUS

Subtitle A--Increases in Penalties

SEC. 2901. 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’;

      (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. 2902. 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. 2903. 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 ‘more 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. 2904. 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 ‘Whoever’ and inserting ‘A person who’; and

        (B) by striking ‘if an individual, be fined not more than $250,000 or imprisoned not more than 5 years, or both, and, if a person other than an individual, be fined not more than $1,000,000’ and inserting ‘be imprisoned not more than 10 years, fined under this title, or both’; and

      (2) in the second sentence by striking ‘if an individual, shall be fined not more than $1,000,000 or imprisoned not more than fifteen years, or both, and, if other than an individual, shall be fined not more than $5,000,000’ and inserting ‘shall be imprisoned not more than 20 years, fined under this title, or both’.

    (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. 2905. 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. 2906. INCREASED PENALTIES FOR TRAVEL ACT VIOLATIONS.

    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 5 years, or both’ and inserting ‘and thereafter performs or attempts to perform (A) any of the acts described in paragraphs (1) and (3) shall be fined under this title, imprisoned for not more than 5 years, or both, or (B) any of the acts 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’.

SEC. 2907. 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 less than five years and not more than 20 years, fined the greater of $100,000 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 less than five years and not more than 40 years, fined the greater of $200,000 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 ‘10 years’; and

        (B) in the second sentence by striking ‘ten years’ and inserting ‘20 years’; and

      (3) in subsection (i)--

        (A) by striking ‘not more than ten years or fined not more than $10,000’ and inserting ‘not less than five years and not more than 20 years, fined the greater of $100,000 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 less than five years and not more than 40 years, fined the greater of $200,000 or the cost of repairing or replacing any property that is damaged or destroyed’.

Subtitle B--Extension of Protection of Civil Rights Statutes

SEC. 2911. 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. 2921. 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. 2922. 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--Gambling

SEC. 2931. CRIMINAL HISTORY RECORD INFORMATION FOR THE ENFORCEMENT OF LAWS RELATING TO GAMING.

    A State gaming enforcement office located within a State Attorney General’s office may obtain from the Interstate Identification Index of the FBI criminal history record information for licensing purposes through an authorized criminal justice agency.

SEC. 2932. CLARIFYING AMENDMENT REGARDING SCOPE OF PROHIBITION AGAINST GAMBLING ON SHIPS IN INTERNATIONAL WATERS.

    (a) The first paragraph of section 1081 of title 18, United States Code, 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 in effect as of September 21, 1993).’.

Subtitle E--White Collar Crime Amendments

SEC. 2941. 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. 2942. RECEIVING THE PROCEEDS OF A POSTAL ROBBERY.

    Section 2114 of title 18, United States Code, is amended--

      (1) by designating the existing matter as subsection (a); and

      (2) by adding at the end the following new subsection:

    ‘(b) A person who receives, possesses, conceals, or disposes of any money or other property which 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. 2943. CONFORMING ADDITION TO OBSTRUCTION OF CIVIL INVESTIGATIVE DEMAND STATUTE.

    Section 1505 of title 18, United States Code, is amended by inserting ‘section 1968 of this title, section 3733 of title 31, United States Code or’ before ‘the Antitrust Civil Process Act’.

SEC. 2944. CONFORMING 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. 2945. DEFINITION OF SAVINGS AND LOAN ASSOCIATION IN BANK ROBBERY STATUTE.

    Section 2113 of title 18, United States Code, is amended by adding at the end the following:

    ‘(h) As used in this section, the term ‘savings and loan association’ means (1) any 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) any corporation described in section 3(b)(1)(C) of the Federal Deposit Insurance Act (12 U.S.C. 1813(b)(1)(C)) which is operating under the laws of the United States.’.

SEC. 2946. CONFORMING DEFINITION OF ‘1-YEAR PERIOD’ IN 18 U.S.C. 1516.

    Section 1516(b) of title 18, United States Code, is amended--

      (1) by inserting ‘(i)’ before ‘the term’; and

      (2) by inserting before the period the following: ‘, and (ii) the term ‘in any 1 year period’ has the meaning given to the term ‘in any 1-year period’ in section 666 of this title.’.

Subtitle F--Safer Streets and Neighborhoods

SEC. 2951. SHORT TITLE.

    This subtitle may be cited as the ‘Safer Streets and Neighborhoods Act of 1993’.

SEC. 2952. 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, 1993.

Subtitle G--Other Provisions

SEC. 2961. 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 offense.’.

SEC. 2962. 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. 2963. UNDERCOVER OPERATIONS--CHURNING.

    Section 7601(c)(3) of the Anti-Drug Abuse Act of 1988 (relating to effective date) is amended to read as follows:

      ‘(3) EFFECTIVE DATE- The amendments made by this subsection shall take effect on the date of the enactment of this Act and shall cease to apply after December 31, 1994.’.

SEC. 2964. 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 Congress 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 held to be admissible as evidence of guilt or as a defense in a criminal trial.

    (b) COMPONENTS OF THE REPORT- The report described in 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 and Federal court cases that have admitted evidence of battered women’s syndrome as evidence of guilt as a defense in criminal trials; and

      (3) an assessment by State and Federal judges, prosecutors, and defense attorneys on the effects that evidence of battered women’s syndrome may have in criminal trials.

SEC. 2965. 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, (iv) with intent to improperly obstruct, impede, or interfere with a duly authorized criminal investigation,’.

SEC. 2966. 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 of art or cultural significance that is registered with the International Foundation for Art Research or an equivalent registry.’.

    ‘(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) FORFEITURE-

      (1) CIVIL- Section 981(a)(1)(C) of title 18, United States Code, is amended by inserting ‘668,’ after ‘657,’.

      (2) CRIMINAL- Section 982(a)(2) of title 18, United States Code, is amended by inserting ‘668,’ after ‘545’.

    (c) 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 31 of title 18, United States Code, is amended by adding at the end the following new item:

      ‘3294. Theft of major artwork.’.

SEC. 2967. BALANCE IN THE CRIMINAL JUSTICE SYSTEM.

    (a) FINDINGS- The Congress finds that--

      (1) an adequately supported Federal judiciary is essential to the enforcement of law and order in the United States,

      (2) section 331 of title 28 provides in pertinent part that the Chief Justice shall submit to Congress an annual report of the proceedings of the Judicial Conference and its recommendations for legislation,

      (3) in 1990, in response to the recommendations of the Judicial Conference for additional judgeships, Congress enacted legislation creating 85 additional judgeships with an effective date of December 1, 1990,

      (4) during the previous administration, it took an average of 502 days from the time a judgeship became vacant until such vacancy was filled,

      (5) the enactment of legislation providing additional funding for the investigation and prosecution facets of the criminal justice system has a direct and positive impact on the needs and workload of the Judiciary, which is already severely overloaded with criminal cases,

      (6) recommendations by the Judicial Conference for the filling of judicial vacancies are currently made on the basis of historical data alone,

      (7) the General Accounting Office, pursuant to the 1988 Anti-Drug Abuse Act, has developed a computer model that measures the potential effect of fiscal increases on one or more parts of the criminal justice system on the Judiciary,

      (8) the General Accounting Office has established that an increase in the resources allocated to the investigative and prosecutorial parts of the criminal justice system, brings about an increase in the number of criminal cases filed, which in turn adds to the need for additional judgeships,

      (9) the allocation of resources to portions of the Federal criminal justice system other than the Judiciary contributes to the need for additional judgeships that cannot be anticipated by the use of historical data alone, and

      (10) the use of historical data alone, because of its inability to project the need for additional judgeships attributable to the increase in criminal caseload adds to the delay in meeting the needs of the Judiciary.

    (b) SENSE OF THE SENATE- It is the sense of the Senate that the Judicial Conference should be encouraged to make its recommendations to Congress for additional judgeships utilizing historical data and a workload estimate model designed to anticipate an increase in criminal filings resulting from increased funding in one or more components of the Federal criminal justice system, and to take into account the time expended in the appointive and confirmation process.

SEC. 2968. 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. 2969. 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. 2970. 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, goats, fowl, sheep, and cattle, or the carcasses thereof.’.

SEC. 2971. EXTENSION OF STATUTE OF LIMITATIONS FOR ARSON.

    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 10 years after the date on which the offense was committed.’.

SEC. 2972. GUN-FREE SCHOOL ZONES.

    (a) AMENDMENT OF TITLE 18, UNITED STATES CODE- 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.’.

TITLE XXX--TECHNICAL CORRECTIONS

SEC. 3001. AMENDMENTS RELATING TO FEDERAL FINANCIAL ASSISTANCE FOR LAW ENFORCEMENT.

    (a) CROSS REFERENCE CORRECTIONS- (1) 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)’,

      (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)’.

    (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. 3002. 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’ in lieu thereof.

    (d) SECTION 1014- Section 1014 of title 18, United States Code, is amended by striking the comma which 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) CLERICAL AMENDMENT TO PART I TABLE OF CHAPTERS- The item relating to chapter 33 in the table of chapters 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) AMENDMENT TO SECTION 3143- The last sentence of section 3143(b) of title 18, United States Code, is amended by striking ‘(b)(2)(D)’ and inserting ‘(1)(B)(iv)’.

    (j) AMENDMENT TO TABLE OF CHAPTERS- The table of chapters at the beginning of part I of title 18, United States Code, is amended by striking the item relating to the chapter 113A added by section 132 of Public Law 102-27, but subsequently repealed.

    (k) 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.

    (l) TABLE OF CONTENTS CORRECTION- The table of contents 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.’.

    (m) ELIMINATION OF SUPERFLUOUS COMMA- Section 3742(b) of title 18, United States Code, is amended by striking ‘Government,’ and inserting ‘Government’.

SEC. 3003. 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 1956 OF TITLE 18- Section 1956(c)(7)(D) of title 18, United States Code, is amended by striking ‘section 1822 of the Mail Order Drug Paraphernalia Control Act (100 Stat. 3207-51; 21 U.S.C. 857)’ and inserting ‘section 422 of the Controlled Substances Act (21 U.S.C. 863)’.

    (c) 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)’.

    (d) 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’.

    (e) 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,’.

    (f) SECTION 408 OF THE CONTROLLED SUBSTANCE- Section 408(b)(2)(A) of the Controlled Substances Act (21 U.S.C. 848(b)(2)(A)) is amended by striking ‘subsection (d)(1)’ and inserting ‘subsection (c)(1)’.

    (g) 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.)’.

    (h) 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)’.

    (i) SECTION 3143 OF TITLE 18- The last sentence of section 3143(b)(1) of title 18, United States Code, is amended by striking ‘(b)(2)(D)’ and inserting ‘(1)(B)(iv)’.

SEC. 3004. 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 table of sections for chapter 35 by striking the item relating to section 754;

      (6) in sections 657 and 1006, by striking ‘Reconstruction Finance Corporation,’, and by 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 table of sections for chapter 93 by striking the items relating to such 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 table of sections for chapters 105 and 115, respectively, by striking the items relating to such 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) 5 years after 12 o’clock noon of December 31, 1946,’; and

      (18) in sections 542, 544, and 545, by striking ‘the Philippine Islands,’.

SEC. 3005. CORRECTION OF DRAFTING ERROR IN THE FOREIGN CORRUPT PRACTICES ACT.

    Section 104 of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd-2) is amended, in subsection (a)(3), by striking ‘issuer’ and inserting in lieu thereof ‘domestic concern’.

SEC. 3006. 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 20 years’.

SEC. 3007. ELIMINATION OF REDUNDANT PENALTY.

    Section 1864(c) of title 18, United States Code, is amended by striking ‘(b) (3), (4), or (5)’ and inserting in lieu thereof ‘(b)(5)’.

SEC. 3008. 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 in lieu thereof ‘association of persons’;

      (2) in section 1956(e), by striking ‘Evironmental’ and inserting in lieu thereof ‘Environmental’;

      (3) in section 3125, by striking the quotation marks in paragraph (a)(2), and by striking ‘provider for’ and inserting in lieu thereof ‘provider of’ in subsection (d);

      (4) in section 3731, by striking ‘order of a district courts’ and inserting in lieu thereof ‘order of a district court’ in the second undesignated paragraph;

      (5) in section 151, by striking ‘mean’ and inserting ‘means’;

      (6) in section 208(b), by inserting ‘if’ after ‘(4)’;

      (7) in section 209(d), by striking ‘under the terms of the chapter 41’ and inserting ‘under the terms of chapter 41’;

      (8) in section 1014, by inserting a comma after ‘National Credit Union Administration Board’; and

      (9) in section 3291, by striking ‘the afore-mentioned’ and inserting ‘such’.

SEC. 3009. 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. 3010. CORRECTIONS 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 table of sections for each subchapter of each of chapters 227 and 229 to follow the heading of that subchapter;

      (4) so that the heading of section 1170 reads as follows:

‘ 1170. Illegal trafficking in Native American human remains and cultural items’;

      (5) so that the item relating to section 1170 in the table of sections at the beginning of 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 out ‘subdivision’ each place it appears and inserting ‘subsection’; and

        (B) by striking out ‘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 table of sections at the beginning of 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 table of sections at the beginning of chapter 23, in the item relating to section 437, by striking the period immediately following ‘Indians’;

      (14) in the table of sections at 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 table of sections at the beginning of chapter 203.

SEC. 3011. PROBLEMS RELATED TO EXECUTION OF PRIOR AMENDMENTS.

    (a) INCORRECT REFERENCE AND PUNCTUATION CORRECTION- (1) Section 2587(b) of the Crime Control Act of 1990 is repealed, effective on the date such section took effect.

    (2) Section 2587(b) of Public Law 101-647 is amended, effective the date such section took effect, by striking ‘The chapter heading for’ and inserting ‘The table of sections at the beginning of’.

    (3) The item relating to section 3059A in the table of sections at the beginning of chapter 203 of title 18, United States Code, is amended by adding a period at the end.

    (b) LACK OF PUNCTUATION IN STRICKEN LANGUAGE- Section 46(b) of Public Law 99-646 is amended, effective on the date such 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 such title.

    (c) BIOLOGICAL WEAPONS- (1) Section 3 of the Biological Weapons Anti-Terrorism Act of 1989 is amended, effective on the date such section took effect in subsection (b), by striking ‘2516(c)’ and inserting ‘2516(1)(c)’.

    (2) The item in the table of chapters 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 101-674 is amended, effective on the date such section took effect, by striking ‘new rule’.

    (f) CLARIFICATION OF PLACEMENT OF AMENDMENT- Section 1205(c) of Public Law 101-647 is amended, effective the date such 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 the date of the enactment of such section.

    (h) ERROR IN AMENDMENT PHRASING- Section 3502 of Public Law 101-647 is amended, effective the date such 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 the date such 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 the date such 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 the date of enactment of such Public Law.

    (l) REPEAL OF OBSOLETE TECHNICAL CORRECTION TO SECTION 1956- Section 3557(2)(E) of Public Law 101-647 is repealed, effective the date of enactment of such Public Law.

    (m) CLARIFICATION OF PLACEMENT OF AMENDMENTS- Public Law 101-647 is amended, effective the date of the enactment of such Public Law--

      (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 the date such 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 the date of the enactment of such Public Law.

    (p) CORRECTION OF DIRECTORY LANGUAGE- Section 3550 of Public Law 101-647 is amended, effective the date such section took effect, by striking ‘not more than’.

    (q) REPEAL OF DUPLICATE PROVISIONS- (1) Section 3568 of Public Law 101-647 is repealed, effective the date such section took effect.

    (2) Section 1213 of Public Law 101-647 is repealed, effective the date such section took effect.

    (r) CORRECTION OF WORDS QUOTED IN AMENDMENT- Section 2531(3) of Public Law 101-647 is amended, effective the date such 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 the date such 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 the date such section took effect, by striking ‘108(3)’ and inserting ‘2508(3)’.

    (t) 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’.

    (u) 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’.

SEC. 3012. AMENDMENTS TO SECTION 1956 OF TITLE 18 TO ELIMINATE DUPLICATE PREDICATE CRIMES.

    Section 1956 of title 18, United States Code, is amended--

      (1) in subsection (c)(7)(D), by striking ‘section 1341 (relating to mail fraud) or section 1343 (relating to wire fraud) affecting a financial institution, section 1344 (relating to bank fraud),’;

      (2) in subsection (a)(2) and in subsection (b), by striking ‘transportation’ each place it appears and inserting ‘transportation, transmission, or transfer’;

      (3) in subsection (a)(3), by striking ‘represented by a law enforcement officer’ and inserting ‘represented’; and

      (4) in subsection (c)(7)(E), by striking the period that follows a period.

SEC. 3013. AMENDMENTS TO PART V OF TITLE 18.

    Part V of title 18, United States Code, is amended--

      (1) by inserting after the heading for such 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’.

TITLE XXXI--DRIVER’S PRIVACY PROTECTION ACT

SEC. 3101. SHORT TITLE; PURPOSE.

    (a) SHORT TITLE- This title may be cited as the ‘Driver’s Privacy Protection Act of 1993’.

    (b) PURPOSE- The purpose of this title is to protect the personal privacy and safety of licensed drivers consistent with the legitimate needs of business and government.

SEC. 3102. AMENDMENT TO TITLE 18, UNITED STATES CODE.

    Title 18 of the United States Code is amended by inserting immediately after chapter 121, the following new chapter:

‘CHAPTER 122--PROHIBITION ON RELEASE OF CERTAIN PERSONAL INFORMATION

      ‘Sec. 2720. Prohibition on release and use of certain personal information by States, organizations and persons.

      ‘Sec. 2721. Definitions.

      ‘Sec. 2722. Penalties.

      ‘Sec. 2723. Effect on State and local laws.

‘Sec. 2720. Prohibition on release and use of certain personal information by States, organizations and persons

    ‘(a) IN GENERAL- (1) Except as provided in paragraph (2), no department of motor vehicles of any State, or any officer or employee thereof, shall disclose or otherwise make available to any person or organization personal information about any individual obtained by the department in connection with a motor vehicle operator’s permit, motor vehicle title, identification card, or motor vehicle registration (issued by the department to that individual), unless such disclosure is authorized by that individual.

    ‘(2) A department of motor vehicles of a State, or officer or employee thereof, may disclose or otherwise make available personal information referred to in paragraph (1) for any of the following routine uses:

        ‘(A) For the use of any Federal, State or local court in carrying out its functions.

        ‘(B) For the use of any Federal, State or local agency in carrying out its functions, including a law enforcement agency.

        ‘(C) For the use in connection with matters of automobile safety, driver safety, and manufacturers of motor vehicles issuing notification for purposes of any recall or product alteration.

        ‘(D) For the use in any civil or criminal proceeding in any Federal, State, or local court, if the case involves a motor vehicle, or if the request is pursuant to an order of a court of competent jurisdiction.

        ‘(E) For use in research activities, if such information will not be used to contact the individual and the individual is not identified or associated with the requested personal information.

        ‘(F) For use in marketing activities if--

          ‘(i) the motor vehicle department has provided the individual with regard to whom the information is requested with the opportunity, in a clear and conspicuous manner, to prohibit a disclosure of such information for marketing activities;

          ‘(ii) the information will be used, rented, or sold solely for a permissible use under this chapter, including marketing activities; and

          ‘(iii) any person obtaining such information from a motor vehicle department for marketing purposes keeps complete records identifying any person to whom, and the permissible purpose for which, they sell or rent the information and provides such records to the motor vehicle department upon request.

        ‘(G) For use by any insurer or insurance support organization, or their employees, agents, and contractors, in connection with claims investigation activities and antifraud activities.

        ‘(H) For use by any organization, or its agent, in connection with a business transaction, when the purpose is to verify the accuracy of personal information submitted to that business or agent by the person to whom such information pertains, or, if the information submitted is not accurate, to obtain correct information for the purpose of pursing remedies against a person who presented a check or similar item that was not honored.

        ‘(I) For use by any organization, if such organization certifies, upon penalty of perjury, that it has obtained a statement from the person to whom the information pertains authorizing the disclosure of such information under this chapter.

        ‘(J) For use by an employer or the agent of an employer 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. 2701 et seq.).

    ‘(b) UNLAWFUL CONDUCT BY ANY PERSON OR ORGANIZATION- No person or organization shall--

      ‘(1) use any personal information, about an individual referred to in subsection (a), obtained from a motor vehicle department of any State, or any officer or employee thereof, or other person for any purpose other than the purpose for which such personal information was initially disclosed or otherwise made available by the department of motor vehicles of the affected State, or any officer or employee thereof, or other person, unless authorized by that individual; or

      ‘(2) make any false representation to obtain personal information, about an individual referred to in subsection (a), from a department of motor vehicles of any State, or officer or employee thereof, or from any other person.

‘Sec. 2721. Definitions

    ‘As used in this chapter:

      ‘(1) The term ‘personal information’ is information that identifies an individual, including an individual’s photograph, driver’s identification number, name, address, telephone number, social security number, and medical and disability information. Such term does not include information on vehicular accidents, driving violations, and driver’s status.

      ‘(2) The term ‘person’ means any individual.

      ‘(3) The term ‘State’ means each of the several States, District of Columbia, Commonwealth of Puerto Rico, Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

      ‘(4) The term ‘organization’ means any person other than an individual, including but not limited to, a corporation, association, institution, a car rental agency, employer, and insurers, insurance support organization, and their employees, agents, or contractors. Such term does not include a Federal, State or local agency or entity thereof.

‘Sec. 2722. Penalties

    ‘(a) WILLFUL VIOLATIONS-

      ‘(1) Any person who willfully violates this chapter shall be fined under this title, or imprisoned for a period not exceeding 12 months, or both.

      ‘(2) Any organization who willfully violates this chapter shall be fined under this title.

    ‘(b) VIOLATIONS BY STATE DEPARTMENT OF MOTOR VEHICLES- Any State department of motor vehicles which willfully violates this chapter shall be subject to a civil penalty imposed by the Attorney General in the amount of $5,000. Each day of continued noncompliance shall constitute a separate violation.

‘Sec. 2723. Effect on State and local laws

    ‘The provisions of this chapter shall supersede only those provisions of law of any State or local government which would require or permit the disclosure or use of personal information which is otherwise prohibited by this chapter.’.

SEC. 3103. EFFECTIVE DATE.

    The amendments made by this title shall take effect upon the expiration of the 270-day period following the date of its enactment.

TITLE XXXII--VIOLENCE AGAINST WOMEN; SAFE STREETS FOR WOMEN

SEC. 3201. VIOLENCE AGAINST WOMEN; SHORT TITLE.

    Titles XXXII through XXXVII may be cited as the ‘Violence Against Women Act of 1993’.

SEC. 3202. SAFE STREETS FOR WOMEN; SHORT TITLE.

    This title may be cited as the ‘Safe Streets for Women Act of 1993’.

Subtitle A--Federal Penalties for Sex Crimes

SEC. 3211. 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 or foreign country 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) RECOMMENDATION BY THE SENTENCING COMMISSION- The Sentencing Commission shall implement the amendment made by subsection (a) by recommending to the Congress 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. 3212. 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 recommend 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 recommend 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 recommend 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 recommend 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 defendant 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. 3213. MANDATORY RESTITUTION FOR SEX CRIMES.

    (a) SEXUAL ABUSE- (1) Chapter 109A of title 18, United States Code, is amended by adding at the end thereof the following:

‘Sec. 2248. Mandatory restitution

    ‘(a) IN GENERAL- Notwithstanding the terms of section 3663 of this title, 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) 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 (2); and

      ‘(B) the United States Attorney enforce the restitution order by all available and reasonable means.

    ‘(2) 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, expert witness and investigators’ fees, interpretive services, and court costs; and

      ‘(F) any other losses suffered by the victim as a proximate result of the offense.

    ‘(3) Restitution orders under this section are mandatory. A court may not decline to issue an order under this section because of--

      ‘(A) the economic circumstances of the defendant; or

      ‘(B) 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.

    ‘(4)(A) Notwithstanding the terms of paragraph (3), 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.

    ‘(B) For purposes of this paragraph, 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.

    ‘(C) An order under this section may direct the defendant to make a single lump-sum payment or partial payments at specified intervals. The order shall also provide that the defendant’s restitutionary obligation takes priority over any criminal fine ordered.

    ‘(D) In the event that the victim has recovered for any amount of loss through the proceeds of insurance or any other source, the order of restitution shall provide that restitution be paid to the person who provided the compensation, but that restitution shall be paid to the victim for the victim’s other losses before any restitution is paid to any other provider of compensation.

    ‘(5) 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.

    ‘(c) PROOF OF CLAIM- (1) Within 60 days after conviction and, in any event, no 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) If no objection is raised by the defendant, the amounts attested to in the affidavit filed pursuant to subsection (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) 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. Any records filed, or testimony heard, pursuant to this section, shall be in camera in the judge’s chambers.

    ‘(4) In the event that the victim’s losses are not ascertainable 10 days prior to sentencing as provided in subsection (c)(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) DEFINITIONS- 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 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: Provided, That in no event shall the defendant be named as such representative or guardian.’.

    (2) TABLE OF SECTIONS- The table of sections for chapter 109A of title 18, United States Code, is amended by adding at the end thereof the following:

      ‘2248. Mandatory restitution.’.

    (b) SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN- (1) Chapter 110 of title 18, United States Code, is amended by adding at the end thereof the following:

‘Sec. 2259. Mandatory restitution

    ‘(a) IN GENERAL- Notwithstanding the terms of section 3663 of this title, 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) 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 (2); and

      ‘(B) the United States Attorney enforce the restitution order by all available and reasonable means.

    ‘(2) 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, expert witness and investigators’ fees, interpretive services, and court costs; and

      ‘(F) any other losses suffered by the victim as a proximate result of the offense.

    ‘(3) Restitution orders under this section are mandatory. A court may not decline to issue an order under this section because of--

      ‘(A) the economic circumstances of the defendant; or