Part 13/16, total size 65488 bytes: ------------------------------ Cut here ------------------------------ $1,000,000 for fiscal year 1997; ~ $1,000,000 for fiscal year 1998; i4i $1,000,000 for fiscal year 1999; and t5, $1,000,000 for fiscal year 2000. SEc '.Qt'lO4. MORE AGENTS FOR THE DRUG ENFORCEMENT ADMINIS TRATIoN . . ~ r , 1 1 . . r 7 ~' are authorized to be appropriated for the hiring of additlOrlf~ rz~g Enforcement Administration agents-- (1) $12,000,000 for fiscal year 1996; (2) $20,000,000 for fiscal year 1997; (3) $30,000,000 for fiscal year 1998; (4) $40,000,000 for fiscal year 1999; and (5) $48,000,000 for fiscal year 2000. Subtitle B--Drug Free Truck Stops and Safety Rest Areas SEC. 180201. DRUG FREE TRuCK STOPS AND SAFETY REST AREAS. (a) SHORT TITLE.--This section may be cited as the "Drug Free Truck Stop Act". (b) AMENDMENT TO CONTROLLED SUBSTANCES ACT.-- (1) IN GENERAL.--Part D of the Controlled Substances Act (21 U.s.c. 801 et seq.) is amended by inserting after section 408 the following new section: "TRANSPORTATION SAFETY OFFENSES "SEC. 409. (a) DEFINITIONS.--In this section-- "'safety rest area' means a roadside facility with parking facilities for the rest or other needs of motorists. "'truck stop' means a facility (including any parking lot appurtenant thereto) that-- "(A) has the capacity to provide fuel or service, or both, to any commercial motor vehicle (as defined in section 31301 of title 49, United States Code), operating in com- merce (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) SussEQuENT 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 terrn of supervised release authorized by section 401(b) for a first offense.". (2) TECHNICAL AUENDMENTS.-- (A) CROSS REFERENcE.--Section 401(b) of the Con trolled Substances Act (21 U.S.C. 841(b)) is amended by inserting "409," before "418," each place it appears. 289 (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. Transpor~atzon safety offenses.". (c) SENTENCING GUIDELINES.--Pursuant to its authority under section 994 of title 28, United States Code, and section 21 of the Sentencing Act of 1987 (28 U.S.C. 994 note), the United States Sentencing Commission shall promulgate guidelines, or shall amend existing guidelines, to provide an appropriate enhancement of punishment for a defendant convicted of violating section 409 of the Controlled Substances Act, as added by subsection (b). Subtitle C--Sense of Congress Regarding Funding for Rural Areas SEC.180301. FUNDING FOR RURAL AREAS. It is the sense of Congress that-- (1) the Attorney General should ensure that funding for programs authorized by the provisions of this Act and amendments made by this Act is distributed in such a manner that rural areas continue to receive comparable support for their broad-based crime fighting initiatives; (2) rural communities should not receive less funding than they received in fiscal year 19.94 for anti-crime initiatives as a result of any legislative or administrative actions; and (3) to the maximum extent possible, funding for the Edward Byrne Memorial State and Local Law Enforcement Assistance Program should be maintained at its fiscal year 1994 TITLE XIX--FEDERAL LAW ENFORCEMENT SEC. 190001. FEDERAL JUDIclARY AND FEDERAL LAw ENFORCEMENT. (a) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE FEDERAL JUDICIARY.-- FEDER,qL JUDlclARY.--There are authorized to be appropriated for the activities of the Federal Judiciary to help meet the increased demands for judicial activities, including superuised release, pre-trial and probation services, that will result from enactment into law of this Act-- (A) $30,000,000 for fiscal year 1996; (B) $35,000,000 for fiscal year 1997; (C) $40,000,000 for fiscal year 1998; (D) $40,000,000 for fiscal year 1999; and (E) $55,000,000 for fiscal year 2000. (b) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE DEPARTMENT OF JUSTICE.--There is authorized to be appropriated for the activities and agencies of the Department of Justice, in addition to sums authorized elsewhere in this section, to help meet the 290 increased demands for Department of Justice activities that will result from enactment into law of this Act-- (A) S45,000,000 for fiscal year 1996; (B) S55,000,000 for fiscal year 1997; (C) S60,000,000 for fiscal year 1998; (D) S60,000,000 for fiscal year 1999; and (c) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE FEDERAL BUREAU OF INVESTIGATION.--There is authorized to be appropriated for the activities of the Federal Bureau of Investigation, to help meet the increased demands for Federal Bureau of Investigation activities that will result from enactment into law of this Act-- (A) S35,000,000 for fiscal year 1996; (B) $40,000,000 for fiscal year 1997 (C) S50,000,000 for fiscal year 1998; (D) $60,000,000 for fiscal year 1999; and (E) S60,000,000 for fiscal year 2000. (d) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR UNITED STATES ATTORNEYS.--There is authorized to be appropriated for the account Department of Justice, Legal Activities, "Salaries and expenses, United States Attorneys", to help meet the increased demands for litigation and related activities which will result from enactment into law of this Act-- (A) $5,000,000 for fiscal year 1996; (B) $s,ooo,ooo for fiscal year 1997; (c) slo,ooo,ooo for fiscal year 1998; (D) $12,000,000 for fiscal year 1999; and (E) S15,000,000 for fiscal year 2000. (e) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE DEPARTMENT OF THE TREASURY.--There is authorized to be appropriated for the activities of the Bureau of Alcohol, Tobacco, and Firearms, the United States Customs Service, the Financial Crimes Enforcement Network, the Federal Law Enforcement Training Center, the Criminal Investigation Division of the Internal Revenue Service, and the United States Secret Service to help meet the increased demands for Department of Treasury activities that will result from enactment into law of this Act-- (1) $30,000,000 for fiscal year 1995; (2) $70,000,000 for fiscal year 1996; (3) $90,000,000 for fiscal year 1997; (4) $110,000,000 for fiscal year 1998; (5) $125,000,000 for fiscal year 1999; and (6) $125,000,000 for fiscal year 2000. TITLE XX--POLICE CORPS AND LAW EN FORCEMENT OFFICERS TRAINING AND EDUCATION Subt~tle A--Police Corps SEC. 200101. S~ORT TmE. This subtitle ma~ be cited as the "Police Corps Act". 291 SEC. 200102. PuRPOSES. The purposes of this subtitle are to-- (1) address violent crime by increasing the number of policewith ad vanced ed ucation and training on community patrol; and (2) provide educational assistance to law enforcement personnel and to students who possess a sincere interest in public service in the form of law enforcement. SEC. 200103. DEFINITIONS. In this subtitle-- "academic year" means a traditional academic year beginning in August or September and ending in the following May or June. "dependent child" means a natural or adopted child or stepchild of a law enforcement officer who at the time of the officer's death-- (A) was no more than 21 years old; or (B) if older than 21 years, was in fact dependent on the child's parents for at least one-half of the child's support (excluding educational expenses), as determined by the Di rector. "Director" means the Director of the Office of the PoliceCorps and Law Enforcement Education appointed under section 200104. "educational expenses" means expenses that are directly attributable to-- (A) a course of education leading to the award of the baccalaureate degree in legal- or criminal justice-related studies; or (B) a course of graduate study legal or criminal justice studies following award of a baccalaureate degree, including the cost of tuition, fees, books, supplies, transportation, room and board and miscellaneous expenses. "institution of higher education" has the meaning stated in the first sentence of section 1201(a) of the Higher Education Act , of 1965 (20 U.S.C. 1141(a)). "participant" means a participant in the Police Corps program selected pursuant to section 200106. "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands. "State Police Corps program" means a State police corps program that meets the requirements of section 200110. SEC. 200104. ESTABIISHMENT OF OFFICE OF THE POLICE CORPS AND LAW ENFORCEMENT EDUCATION. There is established in the Department of Justice, under the general authority of the Attorney General, an Office of the Police CorpS and Law Enforcement Education. 292 SEC. 200105. DESIGNATION OF LEAD AGENCY AND SUBMISSION OP STATE PLAN. (a) LEAD AGENCY.--A State that desires to participate in the Police Corps program under this subtitle shall designate a lead agency that will be responsible for-- (1) submitting to the Director a State plan described in subsection (b); and (2) administering the program in the State. (b) STATE PLANS.--A State plan shall-- (1) contain assurances that the lead agency shall work in cooperation with the local law enforcement liaisons, representatiues 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 aduertise the as sistance available under this subtitle (3) contain assurances that the State shall screen and select law enforcement personnel for participation in the program; and (4) meet the requirements of section 200110. SEG 200106. SCHOLARSHIPASSISTANCE. (a) SCHOLARSHIPS AUTHORIZED.~1) The Director may awardscholarships 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 ed ucation. (B) In the case of a participant who is pursuing a course of edu- cational 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 293 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 edu- cational study during substantially an entire calendar year the amount of scholarship payments made during such year shail 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 educatzonal expenses. (d) AGREEMENT.~1)(A) Each participant receiving a scholarshzp or a payment under this section shall enter into an agreement with the Director. (B) An agreement under subparagraph (A) shall contain assurances that the participant shall-- (i) after successful completion of a baccalaureate program and training as prescribed in section 200108, work for 4 years in a State or local police force without there having arisen sufficzent 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-- (V an educational course of study and receipt of a bac calaureate degree (in the case of undergraduate study) or the reward of credit to the participant for having completed one or more grad uate courses (in the case of grad uate study); and (IV Police Corps training and certification by the Di rector that the participant has met such performance standards as may be established pursuant to section 200108; and (iii) repay all of the scholarship or payment received plus interest at the rate of 10 percent if the conditions of clauses '~) and (zz) are not complied with. f2)(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-- (z) dies; or (ii) becomes permanently and totally disabled as establzshed by the sworn affidavit of a qualified physician. . (BJ If a scholarship recipient is unable to comply with the rePayment provision set forth in paragraph (1)(B)(ii) because of a P yszcal or emotional disability or for good cause as determined by 294 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 of ficer-- (1) who is a member of a State or local police force or is a Federal criminal investigator or uniformed police of ficer, (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. (p APPLICATION.--Each participant desiring a scholarship or payment under this section shall submit an application as prescribed by the Director in such manner and accompanied by such information as the Director may reasonably require. SEC. 200107. SELECTION OF PARTICIPANTS. (a) IN GENERAL.--Participants in State Police Corps programs shall be selected on a competitive basis by each State under regulations prescribed by the Director. (b) SELECTION CRITERIA AND QUALIFICATIONS.~1) In order to participate in a State Police Corps program, a participant shall-- (A) be a citizen of the United States or an alien lawfully admitted for permanent residence in the United States; (B) meet the requirements for admission as a trainee of the State or local police force to which the participant will be assigned pursuant to section 200110(5), including achievement of satisfactory scores on any applicable examination, except that failure to meet the age requirement for a trainee of the State or local police shall not disqualify the applicant if the applicant will be of sufficient age upon completing an undergraduate course of study; (C) possess the necessary mental and physical capabilities and emotional characteristics to discharge effectively the duties of a law enforcement of ficer; (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 295 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 pre vious law enforcement experience. (2)(A) Until the date that is ~ years after the date of enactmentof this Act, up to 10 percent of the applicants accepted into the Police Corps program may be persons who-- (~) 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 secion 200109, and such a participant shall be subject to the same benefits and obligations under this subtitle as other participants, inluding those stated in section (b)(1) (E) and (F). (ii) Clause (i) shall not be construed to preclude counting a par- ticipant's previous period of law enforcement experience for purposes ther than satisfaction of the requirements of section 200109, such ~s for purposes of determining such a participant's pay and other nefits, rank, and tenure. (3) It is the intent of this subtitle that there shall be no more an 20,000 participants in each graduating class. The Director hall approve State plans providing in the aggregate for such enroll~ent of applicants as shall assure, as nearly as possible, annual ~aduating classes of 20,000. In a year in which applications are eceived in a number greater than that which will produce, in the udgment of the Director, a graduating class of more than 20,0Q0, e Director shall, in deciding which applications to grant, give ~eference to those who will be participating in State plans that prode law enforcement personnel to areas of greatest need. (c) RECRUITMENT OF MINORITIES.--Each State participating in ~e Police Corps program shall make special efforts to seek and reruit applicants from among members of all racial, ethnic or gender roups. This subsection does not authorize an exception from the mpetitive standards for admission established pursuant to subections (a) and (b). (d) ENROLLMENT OF APPLICANT.I1) An applicant shall be acepted into a State Police Corps program on the condition that the pplicant will be matriculated in, or accepted for admission at, a -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 paragraph (1), the applicant's acceptance in the program shall be voked. (e) LEAVE OF ABSENCE.~1) A participant in a State Police orps program who requests a leave of absence from educational udy, training or service for a period not to exceed 1 year (or 18 ~onths in the aggregate in the event of multiple requests) due to 296 temporary physical or emotional disability shall be granted suchi leave of absence by the State. (2) A participant who requests a leave of absence from educational study, training or service for a period not to exceed 1 year (or 18 months in the aggregate in the event of multiple requests) for any reason other than those listed in paragraph (1) may be granted such leave of absence by the State. (3) A participant who requests a leave of absence from educational study or training for a period not to exceed 30 months to serve on an official church mission may be granted such leave of absence. (f) ADMISSION OF APPLICANTS.--An applicant may be admitted into a State Police Corps program either before commencement of or during the applicant's course of educational study. SEC. 200108. POLICE CORPS TRAlNING. (a) IN GENERAL.~1) The Director shall establish programs of training for Police Corps participants. Such programs may be carried out at up to 3 training centers established for this purpose and administered by the Director, or by contracting with existing State training facilities. The Director shall contract with a State training facility upon request of such facility if the Director determines that such facility offers a course of training substantially equivalent to the Police Corps training program described in this subtitle. (2) The Director may enter into contracts with individuals, in- stitutions 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 utiiize 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) TR~qlNING 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 297 (d) COURSE OF TRAINING.--The training sessions at trainingcenterS established under this section shall be designed to prouide basic law enforcement training, including vigorous physical and mental training to teach participants self-discipline and organizational loyalty and to impart knowledge and understanding of legal processes and law enforcement. (e) EVALUATION OF PARTICIPANTS.--A participant shall be evaluated during training for mental, physical, and emotional fitness, and shall be required to meet performance standards prescribed by the Director at the conclusion of each training session in order to remain in the Police Corps program. (f) STIPEND.--The Director shall pay participants in training sessions a stipend of $250 a week during training. SEC. 200109. SERVICE OBLIGATION. (a) SWEARING IN.--Upon satisfactory completion of the participant's course of education and training program established in section 200108 and meeting the requirements of the police force to which the participant is assigned, a participant shall be sworn in as a member of the police force to which the participant is assigned pursuant to the State Police Corps plan, and shall serve for 4 years as a member of that police force. (b) RIGHTS AND RESPONSIBILITIES.--A participant shall have all of the rights and responsibilities of and shall be subject to all rules and regulations applicable to other members of the police force of which the participant is a member, including those contained in applicable agreements with labor organizations and those provided by State and local law. (c) DISCIPLINE.--If the police force of which the participant is a member subjects the participant to discipline such as would preclude the participant's completing 4 years of service, and result in denial of educational assistance under section 200106, the Director may, upon a showing of good cause, permit the participant to complete the service obligation in an equivalent alternative law enforcement service and, if such service is satisfactorily completed, section 200106(d)(1)(B)(iii) shall not apply. (d) LAYOFFS.--If the police force of which the participant is a member lays off the participant such as would preclude the participant's completing 4 years of service, and result in denial of educational assistance under section 200106, the Director may permit the participant to complete the service obligation in an equivalent alternative law enforcement service and, if such service is satisfac- torily completed, section 200106(d)(1)(B)(iii) shall not apply. SEC. 200110. STATEPLANREQUIREMENTS. A State Police Corps plan shall-- (1) provide for the screening and selection of participants in accordance with the criteria set out in section 200107; (2) state procedures governing the assignment of partici pants 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 geoa~hic areas in which-- 298 (A) there is the greatest need for additional law en forcement 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 f~om the Police Corps program at any time, only for good cause (including failure to make satisfactory progress in a course of educational study) and after following reasonable review procedures stated in the plan; and (10) provide that a participant shall, while serving as a member of a police force, be compensated at the same rate of pay and benefits and enjoy the same rights under applicable agreements with labor organizations and under State and local law as other police officers of the same rank and tenure in the police force of which the participant is a member. SEC. 200111. ASSISTANCE TO STATES AND LOCALITIES EMPLOYING POLICE CORPS OFFICERS. Each jurisdiction directly employing Police Corps participants during the 4-year term of service prescribed by section 200109 shall receive $10,000 on account of each such participant at the complet~on 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 as- signed 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 299 (2) no such payment shall be made on account of any Police Corps participant for years of service after the completion of the term of service prescribed in section 200109. SEC. 200112. AUTHORIZATION OF APPROPRL~TIONS. There are authorized to be appropriated from the General Fund of the Treasury to carry out this subtitle-- (1) $100,000,000 for fiscal year 1995 (2) $300,000,000 for fiscal year 1996; and (3) such sums as may be necessary for each of the fiscal years 1997, through 2000. SEC. 200113. REPORTS TO CONGRESS. (a) IN GENERAL.--Not later than April 1 of each year, the Director shall submit a report to the Attorney General, the President, the Speaker of the House of Representatives, and the President of the Senate. (b) CONTENTS.--A report under subsection (a) shall-- (1) state the number of current and past participants in the Police Corps program, broken down according to the levels of educational study in which they are engaged and years of service they have served on police forces (including service following completion of the 4-year service obligation); (2) describe the geographic, racial, and gender dispersion of participants in the Police Corps program, and (3) describe the progress of the Police Corps program and make recommendations for changes in the program. Subtitle B--Law Enforcement Scholarship Program SEC. 200201. SHORT TITLE. This subtitle may be cited as the "Law Enforcement Scholarships and Recruitment Act". SEC. 200202. DEFINITIONS. In this subtitle-- "Director" means the Director of the Office of the Police Corps and Law Enforcement Education appointed under section 200104. "educational expenses" means expenses that are directly attributable to-- (A) a course of education leading to the award of an associate degree; (B) a course of education leading to the award of a bac calaureate 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. 300 "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. SEG 200203. ALLOTMENT. >From amounts appropriated under section 200210, the Director shall allot-- (1) 80 percent of such amounts to States on the basis of the number of law enforcement officers in each State compared to the number of law enforcement officers in all States; and (2) 20 percent of such amounts to States on the basis of the shortage of law enforcement personnel and the need for assistance under this subtitle in the State compared to the shortage of law enforcement personnel and the need for assistance under this subtitle in all States. SEC.200204. EsTAsLlsHMENT OF PROGRAM. (a) USE OF ALLOTMENT.-- (1) IN GENE~AL.--A State that receives an allotment pursuant to section 200203 shall use the allotment to pay the Federal share of the costs of-- (A) awarding scholarships to in-service law enforce ment 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) em ployment 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 enforce ment agencies for students who are juniors or seniors in high school or are enrolled in an institution of higher edu- cation and who demonstrate an interest in undertaking a career in law enforcement (B) shall not be in a iaw enforcement position; and (C) shall consist of performing meaningful tasks that inform students of the nature of the tasks performed by law enforcement agencies. (b) PAYMENTS; FEDERAL SHARE; NoN-FEDERAL SHARE.-- (1) PAYMENTS.--Subject to the availability of appropriations, the Director shall pay to each State that receives an allotment under section 200203 the Federal share of the cost of the activities described in the application submitted pursuant to section 200203. (2) FEDERAL sHARE.--The Federal share shall not exceed 60 percent. (3) NON-FEDERAL sHARE.--The non-Federal share of the cost of scholarships and student employment provided under this subtitle shall be supplied from sources other than the Federal Government. (c) RESPONSIBILITIES OF DIRECTOR.--The Director shall be responsible for the administration of the programs conducted pursuant to this subtitle and shall, in consultation with the Assistant Sec 301 retary for Postsecondary Education, issue rules to implement thissubtitle. (d) ADMINISTRATIVE EXPENSES.--A State that receives an allotment under section 200203 may reserve not more than 8 percent of the allotment for administrative expenses. (e) SPECIAL RULE.--A State that receives an allotment under section 200203 shall ensure that each scholarship recipient under this subtitle be compensated at the same rate of pay and benefits and enjoy the same rights under applicable agreements with labor organizations and under State and local law as other law enforcement personnel of the same rank and tenure in the office of which the scholarship recipient is a member. (f) SUPPLEMENTATION OF FUNDING.--Funds received under this subtitle shall only be used to supplement, and not to supplant, Federal, State, or local efforts for recruitment and education of law enforcement personnel. SEG 200205. SCHOLARSHIPS. (a) PERIOD oP AWARD.--Scholarships awarded under this subtitle shall be for a period of 1 academic year. (b) USE OF SCHOLARSHIPS.--Each individual awarded a scholarship under this subtitle may use the scholarship for educational expenses at an institution of higher education. SEC 200206. ELIGIBILITY. (a) SCHOLARSHIPS.--A person shall be eligible to receive a scholarship under this subtitle if the person has been employed in law enforcement for the 2-year period immediately preceding the date on which assistance is sought. (b) INELIGIBILITY FOR STUDENT EMPLOYMENT.--A person who has been employed as a law enforcement officer is ineligible to participate in a student employment program carried out under this subtitle. SEC 200207. STATE APPLICATION. (a) IN GENERAL.--Each State desiring an allotment under section 200203 shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may reasonably require. (b) CONTENTS.--An application under subsection (a) shall-- (1) describe the scholarship program and the student em ployment program for which assistance under this subtitle issought; (2) contain assurances that the lead agency will work in co operation 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 impl~ment interagency agreements designed to carry out this subtitle; (3) contain assurances that the State will advertise the scholarship assistance and student employment it will prouide under this subtitle and that the State will use such programs to enhance recruitment efforts; (4) contain assurances that the State will screen and select law enforcement personnel for participation in the scholarship program under this subtitle: 302 (5) con tain 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 scholar ships unde~ this subtitle; (7J with respect to such student employment program, iden~ tify-- (~J the employment tasks that students will be as signed toperforrn; (B) the compensation that students will be paid to per forrn 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 ~neet the educational and professional needs of law enforcerner~t personnel; and (9) contain assurances that the State will promote cooperative agreenzents with educational and law enforcement agencies to enhance law enforcement personnel recruitment efforts in institutions of higher education. SEC. 200208. LOCAL APPLICATI0N. (a) IN GENERAL.--A person who desires a scholarship or employment under this subtitle shall submit an application to the State at such time in such manner, and accompanied by such inform(ztion as the State may reasonably require. (b) CONTESTS.--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 en~ployment under this subtitle, each State shall give priority to applications from persons who are-- (1) members of racial, ethnic, or gender groups whose representation in the law enforcement agencies within the State is substantially less than in the population eligible for employment in law enforcement in the State; (2) pursuing an undergraduate degree; and (3) not receiving financial assistance under the Higher Education Act of 1965. SEC 200209. SCHOLARSHIP AGREEMENT. (a) IN GE1VERAL.--A person who receives a scholarship under this subtitle shall enter into an agreement with the Director. (b) CoNTENTS.--An agreement described in subsection (a) shall-- (V provide assurances that the scholarship recipient will work with a law enforcement position in the State that awarded the scholarship in accordance with the service obligation describe~ in subsection (c) after completion of the scholarship re 303 cipient's academic courses leading to an associate, bachelor, orgraduate 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 es tablished 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 thescholarship recipient may seek employment in the field of law enforcement ~n a State other than the State that awarded the scholarsh~p. (c) SERVICE OBLIGATION.-- (1) IN GENERAL.--Except as provided in paragraph (2), a person who receives a scholarship under this subtitle shall work in a law enforcement position in the State that awarded the scholarship for a period of 1 month for each credit hour for which funds are received under the scholarship (2) SPECIAL RULE.--For purposes of satisfying the requirement of paragraph (1), a scholarship recipient shall work in a law enforcement position in the State that awarded the scholarship for not less than 6 months but shall not be required to work in such a position for more than 2 years. SEC. 200210. AU~ORIZ~rION OF APPROPRlATIONS. (a) GENERAL AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated from the General Fund of the Treasury to carry out this subtitle-- (1) $30,000,000 for fiscal year 1996; (2) $30,000,000 for fiscal year 1997 (3) $30,000,000 for fiscal year 1998 (4) $30,000,000 for fiscal year 1999; and (5) $30,000,000 for fiscal year 2000. (b) USES OF FUNDS.--Of the funds appropriated under subsection (a) for a fiscal year-- (1) 80 percent shall be available to provide scholarships described in section 200204(a)(1)(A); and (2) 20 percent shall be available to prouide employment described in sections 200204(a)(1)(B) and 200204(a)(2). TITLE XXI--STATE AND LOCAL LAW ENFORCEMENT Subtitle A--Byrne Program SEC 210101. EXTENSION OF BYRNE GRANT FUNDING. There is authorized to be appropriated for fiscal years 1995 rough 2000 such sums as may be necessary to carry out the pro- grams under parts D and E of title I of the Omnibus Crime Control 304 and Safe Streets Act of 1968, of which the following amounts may be appropriated from the Violent Crime Reduction Trust Fund: (1) $580,000,000 for fiscal year 1995; (2) $130,000,000 for fiscal year 1996; (3) $100,000,000 for fiscal year 1997; (4) $75,000,000 for fiscal year 1998; (5) $70,000,000 for fiscal year 1999; and (6) $45,000,000 for fiscal year 2000. Subtitle B--Law Enforcement Family Support SEC. 210201. LAW ENFORCEMENT FAMILY SUPPORT. (a) IN GENERAL.--Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 50001(a), is amended-- (1) by redesignating part W as part X; (2) by redesignating section 2301 as 2401; and (3) by inserting after part V the following new part: "PART W--FAMILY SUPPORT "SEC. 2301. DUTIES. "The Attorney General shall-- "fl) 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 prouide support services to law enforcement personnel and families; "(4) provide technical assistance and training programs to develop stress reduction and family support to State and local law enforcement agencies; "(5) collect and disseminate information regarding family support, stress reduction, and psychological services to Federal, State, and local law enforcement agencies, law enforcement-related organizations, and other interested entities; and "(6) determine issues to be researched by the Department of Justice and by grant recipients. "SEC. 2302. GENERAL AUTHORIZATION. "The Attorney General may make grants to States and local law enforcement agencies and to organizations representing State or local law enforcement personnel to provide family support services to law enforcement personnel. "SEC. 2303. USES OF FUNDS. (a) IN GENERAL.--A State or local law enforcement agency or organization that receives a grant under this Act shall use amounts provided under the grant to establish or improve training and support programs for law enforcement personnel. 305 (b) REQUIRED ACTIVITIES.--A law enforcement agency or organization that receives funds under this part shall provide at least one of the following services: "(V Counseling for law enforcement family members. "(2) Child care on a 24-hour basis. "(3) Marital and adolescent support groups. "(4) Stress reduction programs. "(5) Stress education for law enforcement recruits and families. "(6) Technical assistance and training programs to support any or all of the services described in paragraphs (1), (2), (3), (4), and (6). '(c) OPTIONAL ACTIVITIES.--A law enforcement agency or organization that receives funds under this part may provide the following services: "(V Post-shooting debriefing for officers and their spouses. "(2) Group therapy. "(3) Hypertension clinics. "(4) Critical incident response on a 24-hour basis. "(5) Law enforcement family crisis telephone services on a 24-hour basis. "(6) Counseling for law enforcement personnel exposed to the human immunodeficiency virus. "(7) Counseling for peers. "(8) Counseling for families of personnel killed in the line of duty. "(9) Seminars regarding alcohol, drug use, gambling, and overeating. "(10) Technical assistance and training to support any or all of the services described in paragraphs (1), (2), (3), (4), (5), (6), (7), (8), and (9). "SEC. 2304. APPLlCATIONS. "A law enforcement agency or organization desiring to receive a grant under this part shall submit to the Attorney General an application at such time, in such manner, and containing or accompanied by such information as the Attorney General may reasonably require. Such application shall-- "(1) certify that the law enforcement agency shall match all Federal funds with an equal amount of cash or in-kind goods or services from other non-Federal sources; "(2) include a statement from the highest ranking law enforcement official from the State or locality or from the highest ranking official from the organization applying for the grant that attests to the need and intended use of services to be provided with grant funds; and "(3) assure that the Attorney General or the Comptroller General of the United States shall have access to all records related to the receipt and use of grant funds received under this part. "SEC. 2305. AWARD OF GRANTS; LIMITATION. (a) GRANT DISTRIBUTION.--In approving grants under this part, the Attorney General shall assure an equitable distribution of 306 assistance among the States, among urban and rural areas of the United States, and among urban and rural areas of a State. "(b) DURATION.--The Attorney General may award a grant each fiscal year, not to exceed $100,000 to a State or local law enforc,ment agency or $250,000 to a law enforcement organization for period not to exceed 5 years. In any application from a State or loc~ law enforcement agency or organization for a grant to continue program for the second, third, fourth, or fifth fiscal year followin the first fiscal year in which a grant was awarded to such agenc the Attorney General shall review the progress made toward meetin the objectives of the program. The Attorney General may refuse ro award a grant if the Attorney General finds sufficient progress has not been made toward meeting such objectives, but only after affording the applicant notice and an opportunity for reconsideration. "(c) LIMITATION.--Not more than 5 percent of grant funds received by a State or a local law enforcement agency or organization may be used for administrative purposes. "SEC.2306. DISCRETIONARY RESEARCH GRANTS. "The Attorney General may reserve 10 percent of funds to award research grants to a State or local law enforcement agency or organization to study issues of importance in the law enforcement field as determined by the Attorney General. "SEC.2307. REPORTS. "A State or local law enforcement agency or organization that receives a grant under this part shall submit to the Attorney General an annual report that includes-- "(1) program descriptions; "(2) the number of staff employed to administer programs; "(3) the number of individuals who participated in pro grams; and "(4) an evaluation of the effectiveness of grant programs. "SEC.2308. DEFINITIONS. "For purposes of this part-- "(1) the term 'family-friendly policy' means a policy to pro mote or improve the morale and well being of law enforcemen~ personnel and their families; and "(2) the term law enforcement personnel' means individuals employed by Federal, State, and local law enforcement agen cies." (b) TECHNICAL AMENDMENT.--The table of contents of title I ofthe Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 50001(b), is amended by striking the matter relating to part V and inserting the following: "PART W--FAMILY Support "Sec. 2301. Duties. "Sec. 2302. General authorization. "Sec. 2303. Uses of funds. "Sec. 2304. Applications. "Sec. 2305. Award of grants; limitation. "Sec. 2306. Discretionary research grants. "Sec. 2307. Reports. "Sec. 2308. Definitions. 307 P~RT V--TRANslTIoN-EFFEcrlvE DATE-REPEALs ~Sec. 2301. Cont~nua~ion of rules, authorities, and priuileges.". (c) AUTHORIZATION OF APPROPRIATIONS.--Section 1001(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 50001(c), is amended-- (1) in paragraph (3) by striking "and V" and inserting "V, and W" and (2) by adding at the end the following new paragraph: '21) There are authorized to be appropriated to carry out part "(1) $2,500,000 for fiscal year 1996- "(2) $4,000,000 for fiscal year 199i; "(3) $5,000,000 for fiscal year 1998; "(4) $6,000,000 for fiscal year 1999, and "(5) $7,500,000 for fiscal year 2000.". Subtitle C--DNA Identification SEC. 210301. SIIORT TITLE. This subtitle may be cited as the "DNA Identification Act of SEC. 210302. FUNDING TO IMPROVE THE QUALITY AND AvAILAsILlrY OF DNA ANALYSES FOR LAW ENFORCEMENT IDENTIFICA- TION PURPOSES. (a) DRUG CONTROL AND SYSTEM IMPROVEMENT GRANT PRO- GRAM.--Section 501(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3751(b)) as amended by section 150003, lS amended-- (I) by striking "and" at the end of paragraph (23); e (2) by striking the period at the end of paragraph (24) and ~nserting "; and"; and (3) by adding at the end the following new paragraph: "(25) developing or improving in a forensic laboratory a ca- pability to analyze deoxyribonucleic acid (hereinafter in this t~tle referred to as 'DNA') for identification purposes.". (b) STATE APPLICATIONS.--Section 503(a) of title I of the Omni- bus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3753(a)) amended by add~ng 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 anal- ys~s capabllity in a forensic laboratory, a certification that-- "(A) DNA analyses performed at such laboratory will satisfy or exceed then current standards for a quality assur- ance program for DNA analysis, issued by the Director of the Federal Bureau of Investigation under section 210303 of the DNA Identification Act of 1994; "(B) DNA samples obtained by, and DNA analyses per- formed at, such laboratory will be accessible only-- a(i) to criminal justice agencies for law enforcement identification purposes; "(ii) in judicial proceedings, if otherwise admissi- ble pursuant to applicable statutes or rules; 308 "(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 "(iu) if personally identifiable information is removed, for a population statistics database, for identification research and protocol deuelopment purposes, or for quality control purposes; and "(C) such laboratory, and each analyst performing DNA analyses at such laboratory, will undergo, at regular intervals of not to exceed 180 days, external proficiency testing by a DNA proficiency testing program meeting the standards issued under section 210303 of the DNA Identi- fication Act of 1394.". (c) DNA IDENTIFICATION GRANTS.-- (I) IN GENERAL.--Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 210201(a), is amended-- (A) by redesignating part X as part Y; (B) by redesignating section 2401 as section 2501; and (C) by inserting after part W the following new part: "PART X--DNA IDENTIFICATION GRANTS "SEC.2401. GRANT AUTHORlZATION. "The Attorney General may make funds available under this part to States and units of local government, or combinations thereof, to carry out all or a substantial part of a program or project intended to develop or improve the capability to analyze deoxyribonucleic acid (referred to in this part as 'DNA') in a forensic laboratory. "SEC.2402. APPLICATIONS. "To request a grant under this part, the chief executive officer of a State or unit of local government shall submit an application in such form as the Attorney General may require. "SEC.2403. APPLICATION REQUIREMENTS. "No grant may be made under this part unless an application has been submitted to the Attorney General in which the applicant certifies that-- "(1) DNA analyses performed at the laboratory will satisfy or exceed then current standards for a quality assurance program for DNA analysis issued by the Director of the Federal Bureau of Investigation under section 210303 of the DNA Identification Act of 1994. "(2) DNA samples obtained by and DNA analyses per formed at the laboratory shall be made available only-- "(A) to criminal justice agencies for law enforcementidentification 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 309 connection with the case in which the defendant is charged; or "(D) if personally identifiable information is removed, for a population statistics database, for identification re- search 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 profic~ency testing program that meets the standards issued under section 210303 of the DNA Identification Act of 1994. "SEG 2404. ADUINISTRATIVE PROVISIONS. "(a) REGULATION AUTHORITY.--The Attorney General may promulgate guidelines, regulations, and procedures, as necessary to carry out the purposes of this part, including limitations on the number of awards made during each fiscal year, the submission and review of applications, selection criteria, and the extension or continuation of awards. "(b) AWARD AUTHORITY.--The Attorney General shall have final authority over all funds awarded under this part. '(c) TECHNICAL ASSISTANCE.--To assist and measure the effectiveness and performance of programs and activities funded under this part, the Attorney General may provide technical assistance as requ~red. "SEC.2405. RESTRICTIONS ON USE OF FUNDS. '(a) EEDERAL SHARE.--The Federal share of a grant, contract, or cooperative agreement made under this part may not exceed 75 percent of the total costs of the project described in the application submitted for the fiscal year for which the project receives assistance. '(b) ADMINISTRATIVE COSTS.--A State or unit of local government may not use more than 10 percent of the funds it receives from this part for administrative expenses. "SEC.2406 REPORTS. (a) REPORTS TO ATTORNEY GENERAL.--Each State or unit of local government which receives a grant under this part shall submit to the Attorney General, for each year in which funds from a grant received under this part is expended, a report at such time and in such manner as the Attorney General may reasonably require which contains-- "(1) a summary of the activities carried out under the grant and an assessment of whether such activities are meeting the needs identified in the application submitted under section 2402; and "(2) such other information as the Attorney General may re- quire. (b) REPORTS TO CONGRESS.--Not later than 90 days after the end of each fiscal year for which grants are made under this part, the Attorney General shall submit to the Speaker of the House of Representatives and the President pro tempore of the Senate, a report that includes-- 310 "(1) the aggregate amount of grants made under this part to each State or unit of local government for such fiscal year; and "(2) a summary of the information provided in compliance with subsection (a)(1). "SEC. 2407. EXPENDITURE RECORDS. "(a) RECORDS.--Each State or unit of local government which receives a grant under this part shall keep records as the Attorney General may require to facilitate an effective audit. "(b) ACCESS.--The Attorney General, the Comptroller General, or their designated agents shall have access, for the purpose of audit and examination, to any books, documents, and records of States and units of local government which receive grants made under this part if, in the opinion of the Attorney General, the Comptroller General, or their designated agents, such books, documents, and records are related to the receipt or use of any such grant.". (2) TABLE OF cONTENTS.--The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 210201(b), is amended by striking the matter relating to part X and inserting the followin~: "PART X--DNA IDENTIrIcATIoN GRANTS "Sec.2401. Grant authorzzation. "Sec.2402. Applications. "Sec.2403. Application requirements. Sec. 2404. Administrative provisions. sec. 2405. Restrictions on use of funds. "&c.2406. Reports. "Sec. 2407. Expenditure records. ~PART Y--DATE REPEALER "&c.2501. Continuation of rules, authorities, and proceedings.". (3) AUTHORIZATION OF APPROPRIATIONS.--Section 1001 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), as amended by section 210201(c), is amended-- (A) in paragraph (3) by striking "and W" and inserting "W, and X", and (B) adding at the end the, following new paragraph~: "(22) There are authorized to be appropriated to carry out part X-- "(1) $1,000,000 for fiscal year 1996; "(2) $3,000,000 for fiscal year 1997; "(3) $5,000,000 for fiscal year 1998; "(4) $13,500,000 for fiscal year 1999; and "(5) $17,500,000 for fiscal year 2000.". (4) EFFECTIVE DATE.--The amendments made by this sec- tion shall take effect on the date that is 60 days after the date of enactment of this Act. SEC.210303. QUALITY ASSURANCE 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 311 methods from among nominations proposed by the head of the Nattonal Academy of Sciences and professional societies of crime laboratory officials. (B) The aduisory board shall include as members scientists from State, local, and private forensic laboratories, molecular genetLcists and populat~on 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 forens~c analysts, in cond ucting analyses of DNA (2) The Director of the Federal Bureau of Investigation, after tak~ng tnto 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 forenszc analysts, ~n conducting analyses of DNA. f3) The standards described in paragraphs (1) and (2) shall ~;n jfy criteria for quality assurance and proficiency tests to be apa t o the various types of DNA analyses used by forensic labora' )f-'"5. The standards shall also include a system for grading protu v~ lCy testing performance to determine whether a laboratory is pe-,~ rming acceptably. ~4) Until such time as the ad visory board has made recommendations to the Director of the Federal Bureau of Investigation and the Dzrector has acted upon those recommendations, the quality assurance guidelines adopted by the technical working group on DNA analys~s methods shall be deemed the Director's standards for purposes of this section. (b) ADMINISTRATION OF THE ADVISORY BOARD.--fl) For admin~strat~ve purposes, the advisory board appointed under subsection (a) shall be cons~dered 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 ~pp.) shall not apply with respect to the advisory board appointed under subsection (a) (3) The DNA ad visory board established under this section ihaU 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 years after the initial appointments are made to the board, unless the existence of he board is extended by the Director of the Federal Bureau of InvesFatcon. (C) PROFICIENCY TESTING PROGRAM.~1) Not later than 1 year fter the effective date of this Act, the Director of the National Instite of Justice shall certify to the Committees on the Judiciary of he House and Senate that-- (A) the Institute has entered into a contract with, or made a ~rn n t t ,. .. a grant to, an appropriate entity fo; establishing, or has taken other appropriate action to ensure that there is established, not later than 2 years after the date of enactment of this Act, a blind external proficiency testing program for DNA analyses, which shall be available to public and private laboratories performing forensic DNA analyses; 312 (B) a blind external proficiency testing program for DNA analyses is already readily available to public and private laboratories performing forensic DNA analyses; or (C) it is not feasible to have blind external testing for DNA forensic analyses. (2) As used in this subsection, the term "blind external proficiency test" means a test that is presented to a forensic laboratory through a second agency and appears to the analysts to involve routine evidence. (3) Notwithstanding any other provision of law, the Attorney General shall make available to the Director of the National Institute of Justice during the first fiscal year in which funds are distributed under this subtitle up to $250,000 from the funds available under part X of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 to carry out this subsection. SEC.210304. INDEX TO FACILITATE LAW ENFORCEMENT EXCHANGE OF DNA IDENTIFICATION INFORUATION. (a) ESTABLISHMENT OF INDEX--The Director of the Federal Bureau of Investigation may establish an index of-- (1) DNA identification records of persons convicted of crimes; (2) analyses of DNA samples recovered from crime scenes; and (3) analyses of DNA samples recovered from unidentified human remains. (b) INFORMATION.--The index described in subsection (a) shall include only information on DNA identification records and DNA analyses that are-- (1) based on analyses performed by or on behalf of a criminal justice agency in accordance with publicly available standards that satisfy or exceed the guidelines for a quality assurance program for DNA analysis, issued by the Director of the Federal Bureau of Investigation under section 210303; (2) prepared by laboratories, and DNA analysts, that undergo, at regular intervals of not to exceed 180 days, external proficiency testing by a DNA proficiency testing program meeting the standards issued under section 210303; and (3) maintained by Federal, State, and local criminal justice agencies pursuant to rules that allow disclosure of stored DNA samples and DNA analyses only-- (A) to criminal justice agencies for law enforcement identification purposes; ------------------------------ Cut here ------------------------------ Part 14/16, total size 65521 bytes: ------------------------------ Cut here ------------------------------ (B) in judicial proceedings, if otherwise ad,nissible pur suant 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 re search and protocol development purposes, or for qualitY control purposes. 313 (c) FAILURE To COUPLY.--Access to the index established bythis section is subject to cancellation if the quality control and privacy requirernents described in subsection (b) are not met. SEC 210305. FEDERAL BUREAU OF INVESTIGATION. (a) PROFICIENCY TESTING REQUIREMEMENTs.-- (1) GENERALLY.(A) Personnel at the Federal Bureau of Investigation who perform DNA analyses shall undergo, at regular intervals of not to exceed 180 days, external proficiency testing by a DNA proficiency testing program meeting the standards issued under section 210303. (B) Within 1 year after the date of enactment of this Act, the Director of the Federal Bureau of Investigation shall arrange for periodic blind external tests to determine the proficiency of DNA analysis performed at the Federal Bureau of Investigation laboratory. (C) In this paragraph, "blind external test" means a test ~hat is presented to the laboratory through a second agency and zppears to the analysts to involve routine evidence. (2) REPORT.--For 5 years after the date of enactment of this . the Director of the Federal Bureau of Investigation shall ~nit to the Committees on the Judiciary of the House and te an annual report on the results of each of the tests dei. r bed in paragraph (1). RIVACY PROTECTION STANDARDS.-- (1) GENERALLY.--Except as provided in paragraph (2), the I ts of DNA tests performed for a Federal law enforcement Ggency 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 pur suant to applicable statues or rules; an1d (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 chorged. (2) EXCEPTION.--If personally identifiable information is removed, test results may be disclosed for a population statistics database, for identification research and protocol development purposes, or for quality control purposes. (C) CRIMINAL PENALTY. (1) A person who-- (A) by virtue of employment or official position, has possession of, or access to, individually identifiable DNA information indexed in a database created or maintained by any Federal law enforcement agency; and (B) knowingly discloses such information in any manner to any person or agency not authorized to receive it, shall be fined not more than $100,000. D (2) A person who, without authorization, knowingly obtains ~A samples or individually identifiable DNA information indexed 'n a database created or maintained by any Federal law enforcent agency shall be fined not more than $100,000. 314 SEC. 210306. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Federal Bureau of Investigation to carry out sections 210303, 210304, and 210305-- (1) $5,500,000 for fiscal year 1996; (2) $8,000,000 for fiscal year 1997; (3) $8,000,000 for fiscal year 1998; (4) $2,500,000 for fiscal year 1959; and (5) $1,000,000 for fiscal year 2000. Subtitle D--Police Pattern or Practice SEC. 210401. CAUSE OF ACTION. (a) UNLAWFUL CONDUCT.--It shall be unlawful for any governmental authority, or any agent thereof, or any person acting on behalf of a governmental authority, to engage in a pattern or practice of conduct by law enforcement officers or by officials or employees of any governmental agency with responsibility for the administration of juvenile justice or the incarceration of Juvenlles that deprives persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States. (b) CIVIL ACTION BY ATTORNEY GENERAL.--Whenever the Attorney General has reasonable cause to believe that a violation of paragraph (1) has occurred, the Attorney General, for or in the name of the United States, may in a civil action obtain appropriate equitable and declaratory relief to eliminate the pattern or practice. SEC. 210402. DATA ON USE OF EXCESSIVE FORCE. (a) ATTORNEY GENERAL To COLLECT.--The Attorney General shall, through appropriate means, acquire data about the use of excessive force by law enforcement officers. (b) LIMITATION ON USE OF DATA.--Data acquired under this section shall be used only for research or statistical purposes and may not contain any information that may reveal the identity of the victim or any law enforcement officer. (c) ANNUAL SUMMARY.--The Attorney General shall publish an annual summary of the data acquired under this section. Subtitle E--Improved Training and Technical Automation SEC. 210501. IMPROVED TRAINING AND TECHNICAL AUTOMATION. (1) IN GENERAL.--The Attorney General shall, subject to the availability of appropriations, make grants to State, Indian tribal, and local criminal justice agencies and to nonprofit or ganizations for the purposes of improving criminal justice agen cy efficiency through computerized automation and techno logical improvementS- ~ . .. .. . (2) TYPES OF P OGRAMS.--Grants under this section may include programs to-- (A) increase use of mobile digital terminals; (B) improve communications systems, such as com puter-aided dispatch and incident reporting systems; 315 (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.-- (I) IN GENERAL.--The Attorney General shall, subject to the availab~lity of appropriations-- (A) expand and improve investigative and managerial training courses for State, Indian tribal, and local law enforcement agencies; and (B) develop and implement, on a pilot basis with no more than 10 participating cities, an intelligent information system that gathers, integrates, organizes, and analyzes information in actiue support of investigations by Federal, State, and local law enforcement agencies of violent ser~al crimes. (2) IMPROVEMENT OF FACILITIES.--The improvement descr~bed ~n 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 informat~on system described in paragraph (1)(B) shall be developed and implemented by the Federal Bureau of Investigation and shall utilize the resources of the Vi.,lent Criminal Apprehension Program. (c) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated-- (1) to carry out subsection (a)-- (A) $10,000,000 for fiscal year 1996 (B) $20,000,000 for fiscal year 199i (C) $23,000,000 for fiscal year 1998 (D) $23,000,000 for fiscal year 1999, and (E) $24,000,000 for fiscal year 2000. (2) to carry out subsection (b)(1)-- (A) $4,000,000 for fiscal year 1996; (B) $2,000,000 for fiscal year 1997 (C) $3,000,000 for fiscal year 1998; (D) $5,000,000 for fiscal year 1999; and (E) $6,000,000 for fiscal year 2000; and (3) to carry out subsection (b)(2)-$10,000,000 for fiscal year 1996. (d) DEFINITIONS.--In this section-- "Indian tribe" means a tribe, band, pueblo, nation, or other organized group or community of Indians, including an Alaska Native village (as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that cs recogrtized as eligible for the special programs and servtces pro- 316 vided by the United States to Indians because of their status as Indians. "State" means a State, the District of Columbia, the Com monwealth of Puerto Rico, the Commonwealth of the NorthernMariana Islands, American Samoa, Guam, and the United States Virgin Islands. Subtitle F--Other State and Local Aid SEC. 210601. REAuTHORlzATION OF OFFICE OF JuSTICE PROGRAMS. Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended-- (1) in paragraph (1) by striking "1993 and 1994" and inserting "1994 and 1995"; (2) in paragraph (2) by striking "1993 and 1994" and inserting "1994 and 1995"; (3) in paragraph (3) by striking "1993 and 1994" and inserting "1994 and 1995"; (4) in paragraph (5) by striking "1993 and 1994" and inserting "1994 and 1995"; (5) in paragraph (6) by inserting "and 1995" after "1994"; (o in paragraph (7) by striking "1991, 1992, 1993, and 1994," and inserting "1994 and 1995"; (o in paragraph (8) by inserting "and 1996" after "1994"; and (8) in paragraph (9) by inserting "and 1995" after "19.~4". SEC. 210602. FEDERAL ASSISTANCE TO EAsE THE INCREASED BUR DENS ON STATE COURT SYSTEMS RESULTING FROM ENACTMENT OF THIS ACT. (a) I~ GENERAL.--The Attorney General shall, subject to the availabili~y of appropriation, make grants for States and units of local government to pay the costs of providing increased resources for courts, prosecutors, public defenders, and other criminal justice participa~ts as necessary to meet the increased demands for judicial activities resulting from the provisions of this Act and amendments made by this Act. (b) APPLICATIONS.--In carrying out this section, the Attorney General May make grants to, or enter into contracts with public or private agencies, institutions, or organizations or individuals to carry out any purpose specified in this section. The Attorney General shall have final authority over all funds awarded under this section. (c) RECORDS.--Each recipient that receives a grant under this section sh211 keep such records as the Attorney General may require to facilitate an effective audit. (d) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appr~priated to carry out this section-- (V) (1) $23,000,000 for fiscal year 1996; (2) $30,000,000 for fiscal year 1997; (3) $30,000,000 for fiscal year 1998; (4) $32,000,000 for fiscal year 1999; and (5) $35,000,000 for fiscal year 2000, to remain available for obligation until expended. 317 SEC. 210603. AVAILABILITY OF VIOLENT CRIME REDUCTION TRUST FUND TO FUND ACTlVlTIES AUTHORIZED BY THE BRADY HANDGUN VIOLENCE PREVENTION ACT AND THE NATIONAL CHILD PROTECTION ACT OF 1993. (a) APPRoPRLATloNs.~f the amounts authorized in Sections 103(k) and 106(b)(2) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note) and in section 4(b) of the National Child Protection Act of 1993 (42 U.S.C. 5119b(b)), a total of $100,000,000 for fiscal year 1995, $25,000,000 for fiscal year lg9fi and $25,000,000 for fiscal year 1997 may be appropriated from the Violent Crime Reduction Trust Fund established by this Act. (b) TECHNICAL AMENDMENT.--Sections 103(k) and 106(b) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note) are each amended by striking " which may be appropriated from the Violent Crime Reduction Trust Fund,". TITLE XXII--MOTOR VEHICLE THEFT PREVENTION SEC.220001. SHORT TITLE. This title may be cited as the "Motor Vehicle Theft Prevention SEC 220002. MOTOR VEHICLE THEFT PREVENTION PROGRAM. (a) IN GENERAL.--Not later than 180 days after the date of enactment of this section, the Attorney General shall deuelop, in cooperatzon 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 veh~cle 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 owners 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 d~splaying program decals or devices under specified conditions and take reasonable steps to determine whether the vehicle is be~ng operated by or with the permission of the owner. (b) UNIFORM DECAL OR DEVICE DESIGNS.-- (1) IN GENERA~,.--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 318 (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 uoluntary consent form used to enroll in the program shall-- (1) clearly state that participation in the program is uoluntary; (2) clearly explain that participation in the program means that, if the participating uehicle is being operated under the specified conditions, law enforcement officials may stop the uehicle and take reasonable steps to determine whether it is being operated by or with the consent of the owner, euen if the law enforcement officials have no other basis for belieuing that the uehicle is being operated unlawfully; (3) include an express statement that the uehicle is not normally operated under the specified conditions and that the operation of the uehicle under those conditions would prouide sufficient grounds for a prudent law enforcement officer to reasonably belieue that the uehicle 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 cond itions under which participating motor uehicles 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 uehicle during certain hours of the day; or (B) the operation of the uehicle under other cir cumstances that would prouide a sufficient basis for establishing a reasonable suspicion that the uehicle 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 uehicles may be stopped. If more than one set of conditions is established, a separate consent form and a separate design for program decals or deuices 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 deuices 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 uehicle may be stopped if affixed with a certain decal or deuice 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 uehi 319 cles under aU sets of conditions specified under the program inorder 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 uehicles and who rents or leases a motor vehicle on which a program decal or deuice is aff~xed 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 offlcials even if the officials have no other basis for believing that the vehicle is being operated unlawfully. (3) FINE FOR FAlLuRE 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 pro~ram. (g) REGULATIONS.--The Attorney General shalr promulgate regulations to implement this section. (h) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to carry out this section. (1) $1,500,000 for fiscal year 1996; (2) $1,700,000 for fiscal year 1997, and (3) $1,800,000 for fiscal year 1998. SEC. 220003. ALTERING OR REMOVING MOTOR VEHICLE IDENTIFICATION NUMBERS. (a) BASIC OFFENSE.--Subsection (a) of section 511 of title 18, United States Code, is amended to read as foUows: "(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, (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 (2) by striking the period at the end of subparagraph (C) and inserting " and"; and 320 (3) by adding at the end the following new subparagraph: "(D) a person who remoues, obliterates, tampers with, or alters a decal or deuice affixed to a motor uehicle pursu- ant to the Motor Vehicle Theft Preuention Act, if that per- son is the owner of the motor uehicle, or is authorized to re- moue, 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 Preuention 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 couering a program decal or deuice affixed to a motor uehicle pursuant to the Motor Vehicle Theft Preuention Act for the purpose of obstructing its uisibility.". (d) UNAUTHORIZED APPLICATION OF A DECAL OR DEVICE.-- (1) IN GENERAL.--Chapter 25 of title 18, United States Code, is amended by adding after section 511 the following new section: "511A. Unauthorized appaication of the prevention decal or device "(a) Whoever affixes to a motor vehicle a theft preuention decal or other deuice, or a replica thereof, unless authorized to do so pursuant to the Motor Vehicle Theft Preuention Act, shall be punished by a fine not to exceed $1,000. "(b) For purposes of this section, the term 'theft prevention decal or deuice' 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 add ing after the item relating to section 511 the following new item:"51 IA. Unauthorized allocation of the prevention decal or delegee." TITLE XXIII--VICTIMS OF CRIME Subtitle A--Victims of Crime SEC. 230101. VICTIM'S ~GHT OF ALLOCUTION IN SENTENCING. (a) MoDlFlcArloN OF PROPOSED AMENDMENTS.--The proposed amendments to the Federal Rules of Criminal Procedure which are embraced by an order entered by the Supreme Court of the United States on April 29, 1994, shall take effect on December 1, 1994, as otherwise provided by law, but with the following amendments: (b) IN GENERAL.--Rule 32 of the Federal Rules of Criminal Procedure is amended by-- (1) striking "and" following the semicolon in subdivision (c)(3)(C): 321 (2) striking the period at the end of subdivision (c)(3)(D) and inserting "; and"; (3) inserting after subdivision (c)(3)(D) the following: "(E) if sentence is to be imposed for a crime of violence or sexual abuse, address the victim personally if the victim is present at the sentencing hearing and determine if the victim wishes to make a statement or present any informa tion in relation to the sentence."; (4) in subd ivision (c)(3)(D), striking "equivalent opportunity" and inserting in lieu thereof "opportunity equivalent to that of the defendant's counsel"; (5) in the last sentence of subdivision (c)(4), striking "and (D)" and inserting "(D), and (E)"; (6) in the last sentence of subdivision (c)(4), inserting "the victim," before "or the attorney for the Government."; and (7) adding at the end the following: "(f) DEFINITIONS.--For purposes of this rule-- "(1) 'victim' means any individual against whom an offense has been committed for which a sentence is to be imposed, but the right of allocution under subdivision (c)(3)(E) may be exercised instead by-- "(A) a parent or legal guardian if the victim is below the age of eighteen years or incompetent; or "(B) one or more family members or relatives des ignated by the court if the victim is deceased or incapaci tated;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 aga~nst the person or property of another, or a crime under chapter 109A of title 18, United States Code.". (c) EFFECTIVE DATE.--The amendments made by subsection (b) shall become effective on December 1, 1994. SEC a30102. SENSE OF THE SENATE CONCERNING THE RIGHT OF A VICTIM ~F A VIOLENT CRIME OR SEXUAL ABUSE TO SPEAK AT AN OFFENDER'S SENTENCING HEARING AND ANY PAROLE HEARING. It is the sense of the Senate that-- (1) the law of a State should provide for a victim's right of allocution at a sentencing hearing and at any parole hearing if the offender has been convicted of a crime of violence or sexual abuse; (2) such a victim should have an opportunity equivalent to the opportunity accorded to the offender to address the sentencing court or parole board and to present information in relation to the sentence imposed or to the early release of the offender; and (3) if the victim is not able to or chooses not to testify at a sentencing hearing or parole hearing, the victim's parents, legal guardian, or family members should have the right to address the court or board. 322 Subtitle B--Crime Victims' Fund SEC. 230201. ALLOCATION OF FUNDS FOR COSTS AND GRANTS. (a) GENERALLY--Section 1402(d) of the Victims of Crime Act of 1984 (42 U.s.C. 10601(d)) is amended by-- (1) striking paragraph (2) and inserting the following: "(2) the next $10,000,000 deposited in the Fund shall ~ available forgrants under section 1404A."; (2) striking paragraph (3) and inserting the following: "(3) Of the remaining amount deposited in the Fund in a particular fiscal year-- "(A) 48.5 percent shall be available for grants under section 1403 "(B) 48.5 percent shall be available for grants under section 1404(a); and ''(C) 3 percent shall be available for grants under sec tion 1404(c)."; (3) striking paragraph (4) and inserting the following: "(4) The Director may retain any portion of the Fund that was deposited during a fiscal year that is in excess of 110 per- cent of the total amount deposited in the Fund during the pre- ceding fiscal year as a reserve for use in a year in which the Fund falls below the amount available in the previous year. Such reserue may not exceed $20,000,000."; and (4) striking paragraph (5). (b) CONFORMING CROSS REFERENCE.--Section 1402(g)(1) of the Victims of Crime Act of 1984 (42 U.s.C. 10601(g)(1)) is amended by striking "(d)(2)(D)" and inserting "(d)(2)". SEC. 230202. RELATIONSHIP OF CRIME VICTIM COMPENSATION TO CERTAIN FEDERAL PROGRAMS. Section 1403 of the Victims of Crime Act of 1984 (42 U.S.C. 10602) is amended by adding at the end the following new subsection: "(e) Notwithstanding any other law, zf the compensatZon pazd by an eligible crime victim compensation program would couer costs that a Federal program, or a federally financed State or local program, would otherwise pay,-- "(1) such crime victim compensation program shall not pay that compensation; and "(2) the other program shall make its payments without re gard to the existence of the crime victim compensation program. ". SEC. 230203. ADMINISTRATIVE COSTS FOR CRIME VICTIM CO.UPENSA TION. (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: 323 "(3) Not more than 5 percent of a grant made under this section may be used for the administration of the State crime victim compensation program receiving the grant.". SEC. 230204. GRANTS FOR DEMONSTRATION PROJECTS. SEC. 230205. ADMINISTRATIVE COSTS FOR CRIME VICTIMASSISTANCE (a) CREATION OF EXCEPTION.--Section 1404(b)(2) of the Victims of Crzme Act of 1984 (42 U.S.C. 10603(b)(2)) is amended by striking n elzgzble and insertlng "Except as provided in paragraph (3), an (b) REQUIREMENTS OF EXCEPTION.--Section 1404(b) of the Victzms of Crzme 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 asszstance program receiving such sums.". SBC. 230206. MAINTENANCE OP EFFORT. Section 1407 of the Victims of Crime Act of 1984 (42 U.S C 10604) zs amended by adding at the end the following new sub "(h) Each entity receiving sums made available under this Act for admmzstratzve purposes shall certify that such sums will not be used to supplant State or local funds, but will be used to increase the amount of such funds that would, in the absence of Federal funds, be made available for these purposes." SEC. 230207. C~ANGE OF DUE DATE FOR REQUIRED REPORT. Section 1407(g) of the Victims of Crime Act of 1984 (42 U.s.C. 10604(g)) zs amended by striking "and on December 31 every two yearo thereafter', and inserting "and on June 30 every two years SEC. 230208. AA~ENDMENT OF THE VICTIMS OF CRIME ACT. Section 1404(a)(5)(B) of the Victims of Crime Act of 1984 (42 .S.C. 10603(a)(5)(B)) is amended to read as follows: (B) $200,000 thereafter.". TITLE XXIV--PROTECTIONS FOR THE ELDERLY SEC 240001. MISSING ALZHEIMER'S DISEASE PATIENT ALERT PROGRAM (a) GRANT.--The Attorney General shall, subject to the availz zty of approprzatzons, award a grant to an eligible organization asszst the organization in paying for the costs of planning, de szgningJ establishing, and operating a Missing Alzheimer's Diseaseatzent Alert Program, which shall be a locally based, proactive program to protect and locate missing patients with Alzheimer's disse and related dementias. (b) APPLICATION.--To be eligible to receive a grant under sub sectzon (a), an organization shall submit an application to the Attor- 324 ney General at such time, in such manner, and containing such in- formation 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) $1,000,000 for fiscal year 1996; (2) $1,000,000 for fiscal year 1997, and (3) $1,000,000 for fiscal year 1998. SEC.240002. CRIMES AGAINST THE ELDERLY. (a) IN GENERAL.--Pursuant to its authority under the Sentencing Reform Act of 1984 and section 21 of the Sentencing Act of 1987 (including its authority to amend the sentencing guidelines and policy statements) and its authority to make such amendments on an emergency basis, the United States Sentencing Commission shall ensure that the applicable guideline range for a defendant convicted of a crime of violence against an elderly victim is sufficiently stringent to deter such a crime, to protect the public from additional crimes of such a defendant, and to adequately reflect the heinous nature of such an offense. (b) CRITERIA.--In carrying out subsection (a), the United States Sentencing Commission shall ensure that-- (1) the guidelines provide for increasingly severe punish ment for a defendant commensurate with the degree of physicalharm caused to the elderly victim; (2) the guidelines take appropriate account of the vulner ability of the victim; and (3) the guidelines provide enhanced punishment for a de fendant 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) DEFINITIQNS.--In this section-- "crime of violence" means an offense under section 113, 114, 1111, 1~12, 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. SEC.240003. SAFE SENIOR CORRIDORS GPANTS. (a) GENERAL AUTHORITY.--The Attorney General may make grants to States, units of local governments, Indian tribal governments, and other public agencies to support pilot projects for controlling crime and ensuring public safety in areas that have a high population density of senior citizens or related special needs. (b) PURPOSE o~ GRANTS.--A pilot project grant under subsection (a) shall have the explicit purpose of providing senior citizens with enhanced protections from crime, partzcularly vzolent 325 predatory crime, in geographic areas where their population densztzes or thezr actzvzties make senior citizens particularly vulnerable. PLICATIONS.-- (1) IN GENERAL.--The Attorney General shall prescribe re quzrements for the manner of filing and content of applications for funding under this part. (2) CONTENTS.--An application under this section shall, at !A) demonstrate innovative plans aimed at establishing corrzdors of safety for senior citizens by increasing the numbers, presence, and watchfulness of law enforcement officers, community groups, and business owners and employ (B) demonstrate the use of broad and diverse communzty-based volunteer efforts. (f) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be approprzated to carry out this section-- (1) $1,000,000 for fiscal year 1996- and (2) $1,000,000 for fiscal year 1997. TITLE XXV--SENIOR CITIZENS AGAINST MARKETING SCAMS SEC.250001. S~OPT TITLE. This Act may be cited as the "Senior Citizens Against Market Fraud Act" SEC.20002. ENHANCED PENALTIES FOR TELEMARKETING FRAUD (a) OFFENSE.--Part I of title 18, United States Code, is amend- (1) by redesignating chapter 113A as chapter 113B; and (2) by inserting after chapter 113 the following new chap "CHAPTER 113A--TELEMARKETING FRAUD Sec. 2325. Definition. Sec. 2326. Enhanced penalties. Sec. 2327. Mandatory restitution. Sec. 2325. Definition "In this chapter, 'telemarketing'-- is cOnducted tOs l~andpulcaen,~ program~ promotion, or campaign that "(A) purchases of goods or services; or (B) participation in a contest or sweepstakes, 326 by use of 1 or more interstate telephone calls initiated either by a person who is conducting the plan, program, promotion, or campaign or by a prospective purchaser or contest or sweepstakes participant; but "(2) does not include the solicitation of sales through the mailing of a catalog that-- "(A) contains a written description or illustration of the goods or services offered for sale; "(B) includes the business address of the seller; "(C) includes multiple pages of written material or il lustration; and "(D) has been issued not less frequently than once a year, if the person making the solicitation does not solicit customersby telephone but only receives calls initiated by customers in response to the catalog and during those calls take orders without further solicitation. "~2326. Enhanced penalties "A person who is convicted of an offense under section 1028, 1029, 1341, 1342, 1343, or 1344 in connection with the conduct of telemarketing-- "(1) may be imprisoned for a term of up to 5 years in addition to any term of imprisonment imposed under any of those sections, respectively; and "(2) in the case of an offense under any of those sections that-- "(A) victimized ten or more persons over the age of 55; or "(B) targeted persons over the age of 55, may be imprisoned for a term of up to 10 years in addition to any term of imprisonment imposed under any of those sections, respectzvely. "2327. Manda~ory restitution "(a) IN GENERAL.--Notwithstanding section 3663, and in addition to any other civil or criminal penalty authorized by law, the court shall order restitution for any offense under this chapter. "(b) SCOPE AND NATURE OF ORDER.-- "(1) DIRECTIONS.--The order of restitution under this section shall direct that-- "(A) the defendant pay to the victim (through the ap propriate court mechanism) the full amount of the victim's losses as determined by the court, pursuant to paragraph (3); and "(B) the United States Attorney enforce the restitution order by all available and reasonable means. (2) ENFORCEMENT BY VICTIM.--An order of restitution maybe enforced by a victim named in the order to receive the restitution as well as by the United States Attorney, in the same manner as a judgment in a civil action. (3) DEFINITION.--For purposes of this subsection, the term 'full amount of the victim's losses' means all losses suffered by the victim as a proximate result of the offense. 327 (4) ORDER MANDATORY.~A) The issuance of a restitution order under this section is mandatory. "(B) A court may not decline to issue an order under this section because of-- "(i) the economic circumstances of the defendant; or "(ii) the fact that a victim has, or is entitled to, receive compensation for his or her injuries from the proceeds of insurance or any other source. "(C)(i) Notwithstanding subparagraph (A), the court may take into account the economic circumstances of the defendant ~n determin~ng the manner in which and the schedule according to wh~ch the restitution is to be paid. "(ii) For purposes of this subparagraph, the term 'economic circumstances' includes-- "(V the financial resources and other assets of the defendant; "(IV projected earnings, earning capacity, and other income of the defendant; and ''(IIV any financial obligations of the defendant, includIng obligations to dependents. "(D) Subparagraph (A) does not apply if-- "(i) the court finds on the record that the economic circumstances of the defendant do not allow for the payment of any amount of a restitution order, and do not allow for the payment of any or some portion of the amount of a restitution order in the foreseeable future (under any reasonable schedule of payments); and "(ii) the court enters in its order the amount of the vict,im's losses, and provides a nominal restitution award. (5) MORE THAN I OFFENDER.--When the court finds that more than 1 offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount of restitution or may apportion liability among the offenders to reflect the level of contribution and economic circumstances of each offender. (6) MORE THAN I VICTIM.--When the court finds that more than 1 victim has sustained a loss requiring restitution by an offender, the court shall order full restitution of each victim but may provide for different payment schedules to reflect the economic circumstances of each victim. (7) PAYMENT SCHEDULE.--An order under this section may dzrect the defendant to make a single lump-sum payment or partial payments at specified intervals. (8) SETOFF.--Any amount paid to a victim under this sect~on shall be set off against any amount later recovered as compensatory damages by the victim from the defendant in-- (A) any Federal civil proceeding; and "(B) any State civil proceeding, to the extent provided by the law of the State. (9) EFFECT ON OTHER SOURCES OF COMPENSATION.--The issuance of a restitution order shall not affect the entitlement of a victim to receive compensation with respect to a loss from insurance or any other source until the payments actually re- 328 ceived by the victim under the restitution order fully compensate the victim for the loss. (10) CONDITION OF PROBATION OR SUPERVISED RELEASE.-- Compliance with a restitution issued under this section shall be a condition of any probation or supervised release of a defendant. The court may revoke probation or a term of superuised release, modify the terms or conditions of probation or a term of supervised release, hold the defendant in contempt pursuant to section 3583(e), or suspend the offender's eligibility for an~ grant9 contract, loan, professional license, or commercial license provided by an agency of the United States or with appro priated funds of the United States if the defendant fails to com ply with the order. In determining whether to revoke probation or a term of supervised release, modify the terms or conditions of probation or supervised release or hold a defendant serving a term of supervised release in contempt, the court shall con- sider the defendant's employment status, earning ability and financial resources, the willfulness of the defendant's failure to comply, and any other circumstances that may have a bearing on the defendant's ability to comply. "(c) PROOF OF CLAIM.-- "(1) AFFIDAVIT.--Within 60 days after conviction and, in any event, not later than 10 days prior to sentencing, the United States Attorney (or the United States Attorney's delegee), after consulting with the victim, shall prepare and file an affidavit with the court listing the amounts subject to restitution under this section. The affidavit shall be signed by the United States Attorney (or the United States Attorney's delegee) and the victim. Should the victim object to any of the information included in the affidavit, the United States Attorney (or the United States Attorney's delegee) shall advise the victim that the victim may file a separate affidavit and shall provide the victim with an affidavit form which may be used to do so. "(2) OBJECTION.--If, after the defendant has been notified of the affidavit, no objection is raised by the defendant, the amounts attested to in the affidavit filed pursuant to paragraph (1) shall be entered in the court's restitution order. If objection is raised, the court may require the victim or the United States Attorney (or the ~Jnited States Attorney's delegee) to submit further affidavits or other supporting documents, demonstrating the victim's losses. (3) ADDITIONAL DOcuMENTATlON AND TESTIMONY.--If the court concludes, after reviewing the supporting documentation and considering the defendant's objections, that there is a substantial reason for doubting the authenticity or veracity of the records submitted, the court may require additional documentation or hear testimony on those questions. The privacy of any records filed, or testimony heard, pursuant to this section shall be maintained to the greatest extent possible, and such records may be filed or testimony heard in camera. (4) FINAL DETERMINATION OF LOSSEs.--If the victim's losses are not ascertainable by the date that is 10 days prior to sentencing as provided in paragraph (1), the United States Attorney (or the United States Attorney's delegee) shall so inform 329 the court, and the court shall set a date for the final determination of the victim's losses, not to exceed 90 days after sentencing If the victim subsequently discovers further losses, the victim shall have 60 days after discovery of those losses in which to petition the court for an amended restitution order. Such order may be granted only upon a showing of good cause for the failure to include such losses in the initial claim for restitutionary relief. "(d) MODIFICATION OF ORDER--A victim or the offender may petition the court at any time to modify a restitution order as approrpriate in view of a change in the economic circumstances of the offender. ' (e) REFERENCE TO MAGISTRATE OR SPECIAL MASTER.--The court may refer any issue arising in connection with a proposed order of restitution to a magistrate or special master for proposed find~ngs of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court. "(f) DEFINITION.--For purposes of this section, the term victim' includes the individual harmed as a result of a commission of a crime under this chapter, including, in the case of a victim who is incompetent, incapacitated, or deceased, the legal guardian of the v~ct~m or representative of the victim's estate, another family member, or any other person appointed as suitable by the court, but in no event shall the defendant be named as such representative or guard ~an. ". (b) TECHNICAL AMENDMENTS.-- (1) PART ANALYSIS.--The part analysis for part I of title 18 United States Code, is amended by striking the item relating to chapter 113A and inserting the following "11~ Telemarketing fraud ................. 2325 "113B. Terrorism.............................2331". (2) CHAPTER 113B.--The chapter heading for chapter 113B of title 18, United States Code, as redesignated by subsection (a)~1), is amended to read as follows: "CHAPTER 113B--TERRORISM". SEC. 260003. INCREASED PENALTIES FOR FRAUD AGAINST OLDER VICTIMS. (a) REVIEW.--The United States Sentencing Commission shall review and, if necessary, amend the sentencing guidelines to ensure that victim related adjustments for fraud offenses against older vict~ms over the age of 55 are adequate. (b) REPORT.--Not later than 180 days after the date of enactment of this Act, the Sentencing Commission shall report to Congress the result of its review under subsection (a). SEC. 260004. REWARDS FOR INFOR~ATION LEADING TO PROSECUTION AND CONVICTION. Section 3059 of title 18, United States Code, is amended by add~ng at the end the following new subsection: (c)(1) In special circumstances and in the Attorney General's sole discretion, the Attorney General may make a payment of up to S10,000 to a person who furnishes information unknown to the Government relating to a possible prosecution under section 2326 which results in a conviction 330 "(2) A person is not eligible for a payment under paragraph (1) "(A) the person is a current or former officer or employee of a Federal, State, or local government agency or instrumentality who furnishes information discovered or gathered in the course of government employment; "(B) the person knowingly participated in the offense; "(C) the information furnished by the person consists of an allegation or transaction that has been disclosed to the public-- "(i) in a criminal, civil, or adm~nistrative proceed~ng; "(ii) in a congressional, administrative, or General Ac counting Office report, hearing, audit, or investigation; or"(iii) by the news media, unless the person is the origi nal source of the information; or "(D) when, in the judgment of the Attorney General, ~t appears that a person whose illegal activities are being prosecuted or investigated could benefit from the award. "(3) For the purposes of paragraph (2)(C)(iii), the term 'original source' means a person who has direct and ~ndependent knowledge of the information that is furnished and has voluntarily provzded the information to the Government prior to disclosure by the news med ia. "(4) Neither the failure of the Attorney General to authorize a payment under paragraph (1) nor the amount authorized shall be subject to judicial review.". SEC. 250005. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for the purposes of carrying out this Act and the amendments made by th~s Act-- (1) for the Federal Bureau of Investigation to hire, equ~p, and train special agents and support staff to investigate telemarketing fraud cases-- (A) $750,000 for fiscal year 1996; (B) $1,500,000 for fiscal year 1997; (C) $1,500,000 for fiscal year 1998; (D) $1,800,000 for fiscal year 1999; and (E) $1,950,000 for fiscal year 2000; (2) to hire, equip, and train Department of Justice attorneys, assistant United States Attorneys, and support staff to prosecute telemarketing fraud cases-- (A) $250,000 for fiscal year 1996; (B) $500,000 for fiscal year 1997; (C) $500,000 for fiscal year 1998; (D) $600,000 for fiscal year 1999; and (E) $650,000 for fiscal year 2000; and (3) for the Department of Justice to conduct, in cooperatton with State and local law enforcement agencies and senior cit~zen advocacy organizations, public awareness and preuent~on initiatives for senior citizens, such as seminars and train~ng-- (A) $1,000,000 for fiscal year 1996; (B) $2,000,000 for fiscal year 1997; (C) $2,000,000 for fiscal year 1998; (D) $2,500,000 for fiscal year 1999; and (E) $2,500,000 for fiscal year 2000. 332 TITLE XXII--COMMISSION MEMBERSHIP AND APPOINTMENT SEC. 260001. COMMISSION MEM:BERSHIP AND APPOINTMENT. (a) MEMBERSHIP.--Section 211(B)(f) of Public Law 101-515 (104 Stat. 2123) is amended to read as follows: "(f) NUMBER AND APPOINTMENT.-- "(1) IN GENERAL.--The Commission shall be composed of 29 members as follows: "(A) Nine individuals appointed from national law enforcement organizations representing law enforcement officers, of whom-- "(i) two shall be appointed by the Speaker of the House of Representatives; "(ii) two shall be appointed by the majority leader of the Senate; "(iii) two shall be appointed by the minority leader of the House of Representatives; "(iv) two shall be appointed by the minority leader of the Senate, and "(v) one shall be appointed by the President. "(B) Nine individuals appointed from national law enforcement organizations representing law enforcement management, of whom-- "(i) two shall be appointed by the Speaker of the House of Representatives; "(ii) two shall be appointed by the maJor~ty leader of the Senate; "(iii) two shall be appointed by the minority leader of the House of Representatives; "(iv) two shall be appointed by the minority leader of the Senate; and "(v) one shall be appointed by the President. "(C) Two individuals appointed with academic expertise regarding law enforcement issues, of whom-- "(i) one shall be appointed by the Speaker of the House of Representatives and the majority leader of the Senate, and "(ii) one shall be appointed by the minority leader of the Senate and the minority leader of the House of Representatives. "(D) Two Members of the House of Representatives, appointed by the Speaker and the minority leader of the House of Representatives. "(E) Two Members of the Senate, appointed by the majority leader and the minority leader of the Senate. "(F) One individual from the Department of Justice, appointed by the President. "(G) Two individuals representing a State or local governmental entity, such as a Governor, mayor, or State attorney general, to be appointed jointly by the majority leader and the minority leader of the Senate. 333 "(H) Two individuals representing a State or local gov ernmental entity, such as a Governor, mayor, or State at torney general, to be appointed jointly by the Speaker and the minority leader of the House of Representatives. "(2) COMPTROLLER GENERAL.--The Comptroller General shall serve in an advisory capacity and shall oversee the methodology and approve of the Commission study. (3) CHAIRPERSON.--Upon their appointment the members of the Commission shall select one of their number to act as cha~rperson. "(4) APPOINTMENT DATE.--Members of the Commission shall be appointed no later than 90 days of the enactment of (b) REPORT.--Section 211(B)(p) of Public Law 101-515 (104 Stat. 2124) is amended by striking "the expiration" and all that follows through this Act," and inserting "March 31, 1996,". (c) REIMBURSEMENT.-- (V Section 211(B)(i) of Public Law 101-515 (104 Stat 2124) is amended by striking "non-reimbursablen and inserting a reimbursable". (2) Section 211(b)(j) of Public Law 101~15 (104 Stat 2124) is amended by adding after "Commission" the following , on a reimbursable basis,". SEC 260002. CONFORMING AMENDMENT. Section 3404(a) of Public Law 101-647 (42 U.S.C. 3721 note) ~s repealed. TlTLE XXVII PRESIDENTIAL SUMMIT ON VIOLENCE AND NATIONAL COM- MISSION ON CRIME PREVENTION AND CONTROL 8EC. 27000L PRESIDENTIAL SUMITT. Congress calls on the President to convene a national summit on violence in America prior to convening the Commission established under this title. 8EC 270002. ESTABLISHMENT; COMMITTEES AND TASK FORCES (a) ESTABLISHMENT AND APPOINTMENT OF MEMBERS.--There is established a commission to be known as the "National Commission on Crime Control and Prevention". The Commission shall be composed of 28 members appointed as follows: (1) 10 persons by the President, not more than 6 of whom shall be of the same major political party. (2) 9 persons by the President pro tempore of the Senate, of whom shall be appointed on the recommendation of the Ma Jority Leader of the Senate and the chairman of the Committeeon 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. 334 (3) 9 persons appointed by the Speaker of the House of Representatives, in consultation with the chairman of the Committee on the Judiciary of the House of Representatives, and 4 of whom shall be appointed on the recommendation of the Minority Leader of the House of Representatives, in consultation with the ranking member of the Committee on the Judiciary. (b) COMMITTEES AND TASK FORCES.--The Commission shall establish committees or task forces from among its members for the examination of specific subject areas and the carrying out of other functions or responsibilities of the Commission, including committees or task forces for the examination of the subject areas of crime and violence generally, the causes of the demand for drugs, violence in schools, and violence against women, as descrIbed in subsections (b) through (e) of section 270004. (c) REPRESENTATION.~1) At least 1 member of the Commission appointed by the President, at least 2 members of the Commission appointed by the President pro tempore of the Senate, and at least 2 members of the Commission appointed by the Speaker of the House of Representatives shall be persons well-qualified to participate in the Commission's examination of the subject area of crime and violence generally, with education, training, expertise, or experzence in such areas as law enforcement, law, sociology, psychology, social work, and ethnography and urban poverty (including health care, housing, education, and employment). (2) At least 1 member of the Commission appointed by the President, at least 2 members of the Commission appointed by the President pro tempore of the Senate, and at least 2 members of the Commission appointed by the Speaker of the House of Representatives shall be persons well-qualified to participate in the Commission's examination of the subject area of the causes of the demand for drugs, with education, training, expertise, or experience in such areas as addiction, biomedicine, sociology, psychology, law, and ethnograp Iy and urban poverty (including health care, housing, education, and employment). (3) At least 1 member of the Commission appointed by the President, at least 2 members of the Commission appointed by the President pro tempore of the Senate, and at least 2 members of the Commission appointed by the Speaker of the House of Representatives shall be persons well-qualified to participate in the Commtssion's examination of the subject area of violence in schools, with education, training, expertise, or experience in such areas as law nforcement, education, school governance policy and teaching, law, sociology, psychology, and ethnography and urban poverty (including health care, housing, education, and employment). (4) At least 1 member of the Commission appointed by the President, at least 2 members of the Commission appointed by the President pro tempore of the Senate, and at least 2 members of the Commission appointed by the Speaker of the House of Representatives shall be persons well-qualified to participate in the Commission's examination of the subject area of violence against women, as surviuors of violence, or as persons with education, training, expertise, or experience in such areas as law enforcement, law, judicial administration, prosecution, defense, victim services or advocacy in 335 sexual assault or domestic violence cases (including medical services an counseling), and protection of victims' rights. SEC. 270003. PURPOSES. The purposes of the Commission are as follows: (1) To develop a comprehensive proposal for preventing and controlling crime and violence in the United States, including for implementing any recommendations made by (2) To bring attention to successful models and programs crime prevention and crime control. community for ideas for controlling and preventing criminal justice to recommend improvements in the coordination of oca, State, Federal, and international crime control and prevention efforts, including efforts relating to crime near international borders. (5) To make a comprehensive study of the economic and socia factors leading to or contributing to crime and violence, inc u ing the causes of illicit drug use and other substance abuse and to develop specific proposals for legislative and administrative taibtlons to reduce crime and violence and the factors that (6) To recommend means of utilizing criminal justice r sources as effectively as possible, including targeting finite cor rectional facility space to the most serious and violent offenders and considering increased use of intermediate sanctions for offenders who can be dealt with adequately by such means (?) To examine distinctive crime problems and the impact of crlme on members of minority groups, Indians living on res ervations, and other groups defined by race, ethnicity, religion age, disability, or other characteristics, and to recommend specific responses to the distinctive crime problems of such groups (8) To examine the problem of sexual assaults, domestic vi ence, and other criminal and unlawful acts that particularly a,, ct women, and to recommend Federal, State, and local s rategies for more effectively preventing and punishing such an acts. (9) To examine the treatment of victims in Federal, State and local criminal justice systems, and to develop recommendaions to enhance and protect the rights of victims (10) To examine the ability of Federal, State, and local criminal Justice systems to administer criminal law and criminal sanct~ons impartially without discrimination on the basis of race, et nicity, religion, gender, or other legally proscribed grounds, and to make recommendations for correcting any deficiencies in the impartial administration of justice on these (11) To examine the nature, scope, causes, and complexities of vlolence in schools and to recommend a comprehensive ret at problem. C. a70004. RESPONSIBILITIES O~ TNE CQMMISSION (a) IN GENERAL.--The responsibilities of the Commission shall e such study and consultation as may be necessary or appro- 336 priate to carry out the purposes set forth in section 270003, including the specific measures described in subsections (b) through (e) in relation to the subject areas addressed in those subsections. (b) CRIME AND VIOLENCE GENERALLY.--In addressing the subject of crime and violence generally, the activities of the Commission shall include the following (1) Reviewing the effectiveness of traditional criminal justice approaches in preventing and controlling crime and violence. (2) Examining the impact that changes in Federal and State law have had in controlling crime and violence. (3) Examining the impact of changes in Federal immigration laws and policies and increased development and growth along United States international borders on crime and violence in the United States, particularly among the Nation's youth. (4) Examining the problem of youth gangs and providing recommendations as to how to reduce youth involvement in violent crime. (5) Examining the extent to which the use of dangerous weapons in the commission of crime has contributed to violence and murder in the United States. (6) Convening field hearings in various regions of the country to receive testimony from a cross section of criminal justice professionals, business leaders, elected officials, medical doctors, and other persons who wish to participate. (7) Reviewing all segments of the Nation's criminal justice systems, including the law enforcement, prosecution, defense, judicial, and corrections components in developing the crime control and prevention proposal. (c) CAUSES OF THE DEMAND FOR DRUGS.--In addressing the subject of the causes of the demand for drugs, the activities of the Commission shall include the following: (1) Examining the root causes of illicit drug use and abuse in the United States, including by compiling existing research regarding those root causes, and including consideration of the following factors: (A) The characteristics of potential illicit drug users and abusers or drug traffickers, including age and social, economic, and educational backgrounds. (B) Environmental factors that contribute to illicit drug use and abuse, including the correlation between unemployment, poverty, and homelessness and drug experimentation and abuse. (C) The effects of substance use and abuse by a relatiue or friend in contributing to the likelihood and desire of an individual to experiment with illicit drugs. (D) Aspects of, and changes in cultural values, atti tudes and traditions that contribute to illicit drug use andabuse. (E) The physiological and psychological factors that contribute to the desire for illicit drugs. (2) Evaluating Federal, State, and local laws and policieS on the prevention of drug abuse, control of unlawful production~ 337 distribution and use of controlled substances, and the efficacy of sentencing policies with regard to those laws. (3) Analyzing the allocation of resources among interdiction of controlled substances entering the United States, enforcement of Federal laws relating to the unlawful production, distribution, and use of controlled substances, education with regard to and the prevention of the unlawful use of controlled substances, and treatment and rehabilitation of drug abusers. (4) Analyzing current treatment and rehabilitation methods and making recommendations for improvements. (5) Identifying any existing gaps in drug abuse policy that result from the lack of attention to the root causes of drug abuse. (6) Assessing the needs of government at all leuels for resources and policies i~or reducing the overall desire of individuals to experiment with and abuse illicit drugs. (7) Making recommendations regarding necessary improvements in policies for reducing the use of illicit drugs in the United States. (d) VIOLENCE IN SCHOOLS.--In addressing the subject of violence in schools, the activities of the Commission shall include the following: (1) Defining the causes of violence in schools. (2) Defining the scope of the national problem of violence in schools. (3) Providing statistics and data on the problem of violence in schools on a State-by-State basis. (4) Investigating the problem of youth gangs and their relation to violence in schools and providing recommendations on how to reduce youth involvement in violent crime in schools. (5) Examining the extent to which dangerous weapons have contributed to violence and murder in schools. (6) Exploring the extent to which the school environment has contributed to violence in schools. !7) Reviewing the effectiveness of current approaches in preventlng violence in schools. (e) VIOLENCE AGAINST WOMEN.--In addressing the subject of rual assault, domestic violence, and other criminal and unlawful ts that particularly affect women, the activities of the Commission all include the following: (1) Evaluating the adequacy of, and making recommendations regarding, current law enforcement efforts at the Federal, State, and local levels to reduce the incidence of such crimes and acts, and to punish those responsible for such crimes and acts. (2) Evaluating the adequacy of, and making recommendations regarding, the responsiveness of prosecutors and courts to such crimes and acts. (3) Evaluating the adequacy of rules of evidence, practice, and procedure to ensure the effective prosecution and conviction of perpetrators of such crimes and acts and to protect victims of such crimes and acts from abuse in legal proceedings, making recommendations, where necessary, to improve those rules. 338 (4) Evaluating the adequacy of pretrial release, sentencing, incarceration, and post-conviction release in relation to suc~ crimes and acts. (5) Evaluating the adequacy of, and making recommenda~ tions regarding, the adequacy of Federal and State laws on se~ ual assault and the need for a more uniform statutory respo to sex offenses, including sexual assaults and other sex offensegcommitted by offenders who are known or related by blood or marriage to the victim. (6) Evaluating the adequacy of, and making recommenda tions regarding, the adequacy of Federal and State laws on domestic violence and the need for a more uniform statutory response to domestic violence. (7) Evaluating the adequacy of, and making recommenda tions regarding, the adequacy of current education, prevention, and protective services for victims of such crimes and acts. (8) Assessing the issuance, formulation, and enforcement of protective orders, whether or not related to a criminal proceeding, and making recommendations for their more effective use in domestic violence and stalking cases. (9) Assessing the problem of stalking and recommending effective means of response to the problem. (10) Evaluating the adequacy of, and making recommendations regarding, programs for public awareness and public dissemination of information to prevent such crimes and acts. (11) Evaluating the treatment of victims of such crimes and acts in Federal, State, and local criminal justice systems, and making recommendations designed to improve such treatment. SEC 270005. ADMISTRATIVE MATTERS. (a) CHAIR.--The President shall designate a member of the CO~mission to chair the Commission. (b) No ADDITIONAL PAY OR BENEFITS; PER DIEM.--Members of the Commission shall receive no pay or benefits by reason of their Service on the Commission, but shall receive travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under sections 5702 and 5703 of title 5, United States Code (c) VACANCIES.--Vacancies on the Commission shall be filled in the same manner as initial appointments. (d) MEETINGS OPEN TO THE PUBLIC.--The Commission shall be considered to be an agency for the purposes of section 552b of title 5, ~nited States Code, relating to the requirement that meetings of Federal agencies be open to the public. SEC. 27000c. STAFF AND SUPPORT SERVICES. (a) DIRECTOR.--With the approval of the Commission, the chairperson shall appoint a staff director for the Commission. (b) STAFF.--With the approval of the Commission, the staff director may appoint and fix the compensation of staff personnel forthe Commission. (c) CIVIL SERVICE LAWS.--The staff of the Commission shall be appainted without regard to the provisions of title 5, United States Cod~, governing appointments in the competitive service. Staff compenSation ------------------------------ Cut here ------------------------------ Part 15/16, total size 65522 bytes: ------------------------------ Cut here ------------------------------ may be set without regard to the provisions of chapter 51 339 ~and subchapter III of chapter 53 of that title relating to classifica- ~n and General Schedule pay rates, but in no event shall any such f personnel be compensated at a rate grea ter than the rate of basic pay for level ES~ of the Senior Executive Service Schedule under ection 5382 of that title. The staff director shall be paid at a rate ~ot to exceed the rate of basic pay for level V of the Executive Schedule. (d) CONSULTANTS.--With the approval of the Commission, the staff director may procure temporary and intermittent services under section 3109(b) of title 5, United St~tes Code. (e) STAFF OF FEDERAL AGENCIES.--Upon the revuest of the CommiSSion~ the head of any Federal agency may detail, on a reimbursable basis, personnel of that agency t~ the Commission to assist ~n carrying out its dutzes. (f PHYSICAL FACILITIES.--The Administrator of the General SerVice Administration shall provide suita ble 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 lncidentals required for proper functioning SEC. 270007. POWERS. (a) HEARINGS.--For the purposes of carrying out this title, the Commission may conduct such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate. The Commission may administer oaths before the Commission. (b) DELEGATION.--Any committee, task force, member, or agent, of the Commission may, if authorized by the Commission, take any octlon that the Commission is authorized to take under this title. (C) ACCESS TO INFORMATION.--The Cornmission may request directly from any Federal agency or entity i~z the executive or legislative branch such information as is needed t-o carry out its functions. (d) MA1L.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. SEC. 270008. REPORT; TERMINATION. Not later than 2 years after the date on which the Commission is fully constituted under section 270001, the Commission shall submit a detailed report to the Congress and ~he President containing its findings and recommendations. The Colnmission shall terminate 30 days after the submission of its report. SEC. 270009. AUTHORIATION OF APPROPRIATIONS. There are authorized to be appropriate~ to carry out this title-- (1) $1,000,000 for fiscal year 1996. TITLE XXVIII SENTENCINGENCING PROVISIONS SEC. 280001. IMPOSITION OF SENTENCE. Section 3553(a)(4) of title 18, United States Code, is amended to read as follows "(4) the kinds of sentence and the sentencing range establ~shed for-- 338 (4) Evaluating the adequacy of pretrial release, sentencir4~, incarceration, and post-conviction release in relation to such crimes and acts. (5) Evaluating the adequacy of, and making recomme~ tions regarding, the adequacy of Federal and State laws on ual assault and the need for a more uniform statutory respons~ to sex offenses, including sexual assaults and other sex offenseg committed by offenders who are known or related by blood or marriage to the victim. (6) Evaluating the adequacy of, and making recommenda tions regarding, the adequacy of Federal and State laws on do mestic violence and the need for a more uniform statutory response to domestic violence. (7) Evaluating the adequacy of, and making recommenda~ tions regarding, the adequacy of current education, preventionJ and protective services for victims of such crimes and acts. (8) Assessing the issuance, formulation, and enforcement ot~ protective orders, whether or not related to a criminal proceed ing, and making recommendations for their more effective use in domestic violence and stalking cases. (9) Assessing the problem of stalking and recommending effective means of response to the problem. (10) Evaluating the adequacy of and making recommendations regarding, programs for public awareness and public dissemination of information to prevent such crimes and acts. (11) Evaluating the treatment of victims of such crimes and acts in Federal, State, and local criminal justice systems, and making recommendations designed to improve such treatment. SEC. 270005. ADA~NISTRATIVE MATTERS. (a) CHAIR.--The President shall designate a member of the Commission to chair the Commission. (b) No ADDITIONAL PAY OR BENEFITS; PER DIEM.--Members of the Commission shall receive no pay or benefits by reason of their service on the Commission, but shall receive travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under sections 5702 and 5703 of title 5, United States Code. (C) VACANCIES.--Vacancies on the Commission shall be filled in the same manner as initial appointments. (d) MEETINGS OPEN TO THE PUBLIC.--The Commission shall be considered to be an agency for the purposes of section 552b of title 5, United States Code, relating to the requirement that meetings of Federal agencies be open to the public. SEC. 270006. STAFF AND SUPPORT SERVICES. (a) DIRECTOR.--With the approval of the Commission, the chairperson shall appoint a staff director for the Commission. (b) STAFF.--With the approval of the Commission, the staff director may appoint and fiX the compensation of staff personnel for the Comm~ssion. (C) CIVIL SERVICE LAWS.--The staff of the Commission shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. Staff compensation may be set without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classificatl~ and General Schedule pay rates, but in no event shall any such pe~ onnel be compensated at a rate greater than the rate of basic p~ tor level ES~ of the Senior Executive Service Schedule under s~ 7. .5382 of that title. The staff director shall be paid at a rate no~ -o . ~ceed the rate of basic pay for level V of the Executive SchedUl'' CO~SULTANTS.--With the approval of the Commission, the 5f~ rector may procure temporary and intermittent services undt ~ction 3109(b) of title 5, United States Code. i 1 STAFF OF FEDERAL AGENCIES.--Upon the request of the Comr~Zl ision~ the head of any Federal agency may detai~, on a reimbursable basis, personnel of that agency to the Commission to assist in carZ~ing out its duties. (f) PHYSICAL FACILITIES.--The Ad ministrator of the General ~&rvice Administration shall provide suitable office space for the op~eration of the Commission. The facilities shall serve as the head~quarters of the Commission and shall include all necessary equip~ment and incidentals required for proper functioning. SEC. 270007. POWERS. ~a) HEARINGS.--For the purposes of carrying out this title, the Commission may conduct such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate. The Commission may administer oaths before the Commission. (b) DELEGATION.--Any committee, task force, member, or agent, of the Commission may, if authorized by the Commission, take any action that the Commission is authorized to take under this title. (C) ACCESS TO INFORI~LATION.--The Commission may request directly from any Federal agency or entity in the executive or legislative branch such information as is needed to carry out its functions. (d) MAIL.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. SEC. a7000s. REPORT; TERMINATION. Not later than 2 years after the date on which the Commission is fully constituted under section 270001, the Commission shall submit a detailed report to the Congress and the President containing its findings and recommendations. The Commission shall terminate 30 days after the submission of its report. SEC. 270009. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this title-- (1) $1,000,000 for fiscal year 1996. TITLE XXVIII--SENTENCING PROVISIONS SEC. 280001. IMPOSITION OF SENTENCE. Section 3553(a)(4) of title 18, United States Code, is amended to read as follows: "(4) the kinds of sentence and the sentencing range established for-- 340 "(A) the applicable category of offense committed by the applicable category of defendant as set forth in the guide- lines issued by the Sentencing Commission pursuant to sec- tion 994(a)(V 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 super vised release, the applicable guidelines or policy statementsissued by the Sentencing Commission pursuant to section 994(a)(3) of title 28, United States Code;". SEC. 280002. TECHNICAL AMENDMENT TO MANDATORY CONDITIONS OF PROBATION. Section 3563(a)(3) of title 18, United States Code, is amended by striking "possess illegal controlled substances" and inserting "un- lawfully possess a controlled substance". SEC. 280003. DIRECTION TO UNITED STATES SENTENCING COMMIS SION 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 duplicatiue punishments for substantially the same offense, and take into account any mitigating circumstances that might justify exceptions. SEC. 280004. AUTHORIZATION OF PROBATION FOR PE7rTY OFFENSES IN CERTArN CASES. Section 3561(a)(3) of title 18, United States Code, is amended by inserting "that is not a petty offense" before the period. SEC. 280005. FULL TIME VICE CHAIRS OF THE UNITED STATES SEN- TENCING COMMISSION. (a) ESTABr.rSHMENT OF POSITIONS.--Section 991 (a) of title 28, United States Code, is amended-- (1) in the second sentence by striking the period and inserting "and two of whom shall be designated by the President as Vice Chairs."; (2) in the fourth sentence by striking the period and inserting " and of the Chair and the two Vice Chairs, no more than two shall be members of the same political party."; and (3) in the sixth sentence by striking "Chairman" and insert- ing "Chair, Vice Chairs,". (b) TERMS AND COMPENSATION.--Section 992(c) of title 28, United States Code, is amended-- (V by amending the first sentence to read as follows: "The Chair and Vice Chairs of the Commission shall hold full-time positions and shall be compensated during their terms of office at the annual rate at which judges of the United States courts of appeals are compensated." (2) in the second sentence by striking "Chairman" and inserting "Chair and Vice Chairs", and (3) in the third sentence by striking "Chairman" and inserting "Chair and Vzce Cha~rs, . (C) TECHNICAL AMENDMENTS.--Chapter 58 of title 28, United States Code, is amended-- (1) by striking "Chairman" each place it appears and inserting "Chair"; (2) in the fifth sentence of section 991(a) by striking "his" and inserting "the Attorney General's"; (3) in the fourth sentence of section 992(c) by striking "his" and inserting "the judge's"; (4) in section 994(i)(2) by striking "he" and inserting "the defendant" and striking "his" and inserting "the defendant's"; and (~) in section 996(a) by striking "him" and inserting "the Staff Director". SEC. 280006. COCAINE PENALTY STUDY. Not later than December 31, 1994, the United States Sentencing Commission shall submit a report to Congress on issues relating to i sentences applicable to offenses involving the possession or distribu- tion of all forms of cocaine. The report shall address the differences in penalty levels that apply to different forms of cocaine and include any recommendations that the Commission may have for retention or modification of such differences in penalty levels. TITLE XXIX--COMPUTER CRIME SEC. 290001. COMPUTER ABUSE AMENDMENTS ACT OF 1994. (a) SHORT TITLE.--This subtitle may be cited as the "Computer Abuse Amendments Act of 1994" (b) PROHIBITION.--Section iO30(a)(5) of title 18, United States Code, is amended to read as follows: "(5)(A) through means of a computer used in interstate commerce or communications, knowingly causes the transmission of a program, information, code, or command to a computer or computer system if-- "(i) the person causing the transmission intends that such transmission will-- "(I) damage, or cause damage to, a computer, computer system, network, information, data, or program; or "(II) withhold or deny, or cause the withholding or denial, of the use of a computer, computer services, system or network, information, data or program; and "(ii) the transmission of the harmful component of the program, information, code, or command-- "(I) occurred without the authorization of the persons or entities who own or are responsible for the computer system receiving the program, information, code, or command; and "(IV(aa) causes loss or damage to one or more other persons of value aggregating ~/;1,000 or more dur ing any 1-year period; or "(bb) modifies or impairs, or potentially modifies or impairs, the medical examination, medical diag nosis, med ical treatment, or med ical care of one or more individuals; or "(B) through means of a computer used in interstate com nerce or communication, knowingly causes the transmission of ~ program, information, code, or command to a computer or computer system-- "(i) with reckless disregard of a substantial and un justifiable risk that the transmission will-- "(V damage, or cause damage to, a computer, computer system, network, information, data or program; "(IV 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-- "(V occurred without the authorization of the persons or entities who own or are responsible for the computer system receiving the program, information, code, or command; and "(IV(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, med ical treatment, or med ical 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 semi Colon; (2) in paragraph (3)(A) by inserting ~(A)n after "(a)(5)"; (3) in paragraph (3)(B) by striking the period at the end t~ereof and inserting "; and" and (4) by adding at the end the following new paragraph: "(4) a fine under this title or imprisonment for not more t~an 1 year, or both, in the case of an offense under subsection ~)(5)(B). . ~d) CIVIL ACTION.--Section 1030 of title 18, United States Code,is amended by adding at the end thereof the following new sub " g) Any person who suffers damage or loss by reason of a uiolat~on of the section, other than a violation of subsection (a)(5)(B), may rnaintain a civil action against the violator to obtain compensator~ damages and injunctive relief or other equitable relief. Damages for violations of any subsection other than subsection (a)(5)~A)(ii)(IV(bb) or (a)(5)(B)(ii)(IV(bb) are limited to economic dama~es. No action may be brought under this subsection unless 343 action is begun within 2 years of the date of the act combined of or the date of the discovery of the damage.". (e) REPORTING REQuIREMENTs.--Section 1030 of title 18 United States Code, is amended by adding at the end the following new subsection: "(h) The Attorney General and the Secretary of the Treasury shall report to the Congress annually, during the first 3 years following the date of the enactment of this subsection, concerning investigations and prosecutions under section 1030(a)(5) of title 18, United States Code.". (f) PROHIBITION.--Section 1030(a)(3) of title 18, United States Code, is amended by inserting "adversely" before "affects the use of the Government's operation of such computer". TITLE XXX--PROTECTION OF PRIVACY OF INFORMATION IN STATE MOTOR VEHICLE RECORDS SEC. 300001. SHORT TITLE. This title may be cited as the "Driver's Privacy Protection Act of 1994". SEG 300002. PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL INFORA~ATION FROM STATE MOTOR VEHICLE RECORDS. (a) IN GENERAL.--Title 18, United States Code, is amended by inserting after chapter 121 the following new chapter: UCHAPTER 123--PROHIBITION ON RELEASE AND USE OF : CERTAlN PERSONAL INFORMATION FROM STATE MOTOR VEHICLE ~ECORDS ~2721. Prohibition~ on release and use of certain perso~al information from State motor vehicle records "(a) IN GENERAL.--Except as provided in subsection (b), a State department of motor uehicles, and any officer, employee, or contractor, thereof, shall not knowin~ly disclose or otherwise make available to any ~erson or entity personal information about any individual obtained by the department in connection with a motor vehicle record. "(b) PERMISSIBLE USES.--Personal information referred to in subsection (a) shall be disclosed for use in connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motOr vehicle product alterations, recalls, or advisories, performance monitOring of motor vehicles and dealers by motor vehicle manufac- turers, and removal of non-owner records from the original owner record5 of motor vehicle manufacturers to carry out the purposes of the Automobile Information Disclosure Act, the Motor Vehicle Information and Cost Saving Act, the National Traffic and Motor Vehicle Safety Act of 1966, the Anti-Car Theft Act of 1992, and the Clean Air Act, and may be disclosed as follows: "(1) For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any 344 private person or entity acting on behalf of a Federal, State, or local agency in carrying out its functions. "(2) For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles, motor vehicle parts and dealers; motor vehicle market research activities, including survey research; and removal of non-owner records from the original owner records of motor vehicle manufacturers. "(3) For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only-- "(A) to verify the accuracy of personal information sub mitted by the individual to the business or its agents, em ployees, or contractors; and "(B) if such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the ind ivid ual. "(4) For use in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a Federal, State, or local court. "(5) For use in research actiuities, and for use in producing statistical reports, so long as the personal information is not published, redisclosed, or used to contact individuals. "(6) For use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation actiuities, antifraud actiuities, rating or underwriting. "(7) For use in prouiding notice to the owners of towed or impounded uehicles. "(8) For use by any licensed private investigatiue agency or licensed security service for any purpose permitted under this subsection. "(9) For use by an employer or its agent or insurer to obtain or uerify information relating to a holder of a commercial driuer's license that is required under the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. App. 2710 et seq.). "(10) For use in connection with the operation of private toll transportation facilities. "(IV For any other use in response to requests for individual motor uehicle records if the motor uehicle department has provided in a clear and conspicuous manner on forms for issuance or renewal of operator's permits, titles, registrations, or identification cards, notice that personal information collected by the department may be disclosed to any business or person, and has provided in a clear and conspicuous manner on such forms an opportunity to prohibit such disclosures. 345 "(12) For bulk distribution for surueys, marketing or solicitations if the motor uehicle department has implemented methods and procedures to ensure that-- "(A) individuals are provided an opportunity, in a clear and consp~cuous manner, to prohibit such uses; and "(B) the information will be used, rented, or sold solely for bulk distribution for surueys, marketing, and solicitat~ons, and that surueys, marketing, and solicitations will not be directed at those individuals who have requested in a timely fashion that they not be directed at them. "(13) For use by any requester, if the requester demonstrates it has obtained the written consent of the individual to whom the information pertains. "(14) For any other use specifically authorized under the law of the State that holds the record, if such use is related to the operation of a motor vehicle or public safety. "(C) RESALE OR REDISCLOSURE.--An authorized recipient of pernal informat~on (except a recipient under subsection (b)(11) or 2)) may resell or redisclose the information only for a use per i itted under subsection (b) (but not for uses under subsection (b)i 1) or (12)). An authorized recipient under subsection (b)(11) may sell or redisclose personal information for any purpose. An authored recipient under subsection (b)(12) may resell or redisclose pernal informatzon pursuant to subsection (b)(12). Any authorized repient (except a recipient under subsection (b) (11)) that resells or dzscloses personal information covered by this title must keep for pertod of 5 years records identifying each person or entity that reiues information and the permitted purpose for which the information will be used and must make such records available to the otor uehicle department upon request. (d) WAIVER PROCEDURES.--A State motor uehicle department ay establ~sh and carry out procedures under which the departent or its agents, upon receiving a request for personal informa~n that does not fall within one of the exceptions in subsection (b), ay mail a copy of the request to the individual about whom the nformation was requested, informing such individual of the reuest, together with a statement to the effect that the information zll not be released unless the individual waiues such individual's 7ht to priuacy under this section. ;2722. Additional unlawful acts (a) PROCUREMENT FOR UNLAWFUL PURPOSE.--It shall be unwful for any person knowingly to obtain or disclose personal inforntzon, from a motor uehicle record, for any use not permitted ~er section 2721(b) of this title. '(b) FALSE REPRESENTATION.--It shall be unlawful for any perto make false representation to obtain any personal information ~m an individual's motor uehicle record. 2723. Penalties (a) CRIMINAL FINE.--A person who knowingly violates this apter shall be fined under this title. (b) VIOLATIONS BY STATE DEPARTMENT OF MOTOR VEHICLES.-- State department of motor vehicles that has a policy or practice 346 of substantial noncompliance with this chapter shall be subject to a civil penalty imposed by the Attorney General of not more than $5,000 a day for each day of substantial noncompliance. "2724. Civil action "(a) CAUSE OF ACTION.--A person who knowingly obtains, dis. closes or uses personal information, from a motor vehicle record, for a purpose not permitted under this chapter shall be liable to the individual to whom the information pertains, who may bring a ciuil action in a United States district court. (b) REMEDIES.--The court may award-- "(1) actual damages, but not less than liquidated damages in the amount of $2,600; "(2) punitiue damages upon proof of willful or reckless disregard of the law; "(3) reasonable attorneys' fees and other litigation costs reasonably incurred; and "(4) such other preliminary and equitable relief as the court determines to be appropriate. "2725. Definitions "In this chapter-- "(1)'motor uehicle record' means any record that pertains to a motor uehicle operator's permit, motor uehicle title, motor vehicle registration, or identification card issued by a department of motor uehicles; "(2)'person' means an individual, organization or entity, but does not include a State or agency thereof, and "(3)'personal information' means information that identifies an individual, including an individual's photograph, social security number, driuer identification number, name, address (but not the 5-digit zip code), telephone number, and medical or disability information, but does not include information on uehicular accidents, driuing violations, and driuer's status.". (b) CLERICAL AMENDMENT.--The table of parts at the beginning of part I of title 18, United States Code, is amended by adding at the end the following new item: "123. Prohibition on release and use of certain personal information fi-om State motor uehicle records .....................................2271 SEC.300003. EFFECTIVE DATE. The amendments made by section 300002 shall become effective on the date that is 3 years after the date of enactment of this Act. After the effective date, if a State has implemented a procedure under section 2721(b) (11) and (12) of title 18, United States Code, i as added by section 2902, for prohibiting disclosures or uses of personal information, and the procedure otherwise meets the requirements of subsection (b) (11) and (12), the State shall be in compli-~ance with subsection (b) (1V and (12) euen if the procedure is not available to individuals until they renew their license, title, registration or identification card, so long as the State prouides some other procedure for individuals to contact the State on their own initiatiue to prohibit such uses or disclosures. Prior to the effective date, per- sonal information couered by the amendment made by section 300002 may be released consistent with State law or practice. 347 TITLE XXXI--VIOLENT CRIME REDUCTION TRUST FUND SEC. 310001. CREATION OF VIOLENT CRIME REDUCTION TRUST FUND. (a) VIOLENT CRIME REDUCTION TRUST FUND.--There is established a separate account in the Treasury, known as the "Violent Crime Reduction Trust Fund" (referred to in this section as the "Fund") into which shall be transferred, in accordance with subsection (b), sauings realized from implementation of section 5 of the Federal Workforce Restructuring Act of 1994 (5 U.S.C. 3101 note Public Law 103-226). (b) TRANSFERS INTO THE FuND.~n the first day of the following fiscal years (or as soon thereafter as possible for fiscal year 1995), the following amounts shall.be transferred from the general fund to the Fund-- (1) for fiscal year 1995, $2,423,000,000; (2) for fiscal year 199,6, $4,287,000,000; (3) for fiscal year 1997, $5,000,000,000; (4) for fiscal year 1998, $5,500,000,000; (5) for fiscal year 1999, $6,500,000,000, and (6) for fiscal year 2000, $6,500,000,000. (c) APPROPRIATIONS FROM THE FUND.~1) Amounts in the Fund may be appropriated exclusively for the purposes authorized in this Act and for those expenses authorized by any Act enacted before this Act that are expressly qualified for expenditure from the Fund. (2) Amounts appropriated under paragraph (1) and outlays flow~ng from such appropriations shall not be taken into account for purposes of any budget enforcement procedures under the Balanced Budget and Emergency Deficit Control Act of 1985 except section 251A of that Act as added by subsection (g), or for purposes of section 605(b) of the Congressional Budget Act of 1974. Amounts of new budget authority and outlays under paragraph (1) that are included in concurrent resolutions on the budget shall not be taken into account for purposes of sections 601(b), 606(b), and 606(c) of the Congressional Budget Act of 1974, or for purposes of section 24 of House Concurrent Resolution 218 (One Hundred Third Congress). (d) LISTING OF THE FUND AMONG GOVERNMENT TRUST FUNDS.--Section 1321(a) of title 31, United States Code, is amended by inserting at the end the following new paragraph: "(91) Violent Crime Reduction Trust Fund.". (e) REQuIREMENT FOR THE PRESIDENT To REPORT ANNUALLY ON THE STATUS OF THE TRUST FUND.--Section 1105(a) of title 31, United States Code, is amended by adding at the end the following new paragraphs: "(30) information about the Violent Crime Reduction Trust Fund, including a separate statement of amounts in that Trust Fund. "(31) an analysis displaying, by agency, proposed reductions in full-time equivalent positions compared to the current years level in order to comply with section 5 of the Federal Workforce Restructuring Act of 1994. ". 348 (f) ALLOCATION AND SU~ALLOCATION OF AMOUNTS IN THE FUND.-- (1) IN GENERAL.--Section 602(a) of the Congressional Budg. et Act of 1974 is amended-- (A) in paragraph (l)(A) by striking "and" at the end of clause (ii), by striking the semicolon and inserting a comma at the end of clause (iii), and by adding after clause (iii) the following "fiv) new budget authority from the Violent Crime Reduction Trust Fund, and "(v) outlays from the Violent Crime Reduction Trust Fund;"; (B) in paragraph (2) by striking "and" at the end of subparagraph (B) and by adding after subparagraph (C) the following "(D) new budget authority from the Violent Crime Re duction Trust Fund; and "(E) outlays from the Violent Crime Reduction Trust Fund;"; and (C) by adding at the end the following new paragraph: (4) No DOUBLE COUNTING.--Amounts allocated amongcommittees under clause (iv) or (v) of paragraph (l)(A) or under subparagraph (D) or (E) of paragraph (2) shall not be included within any other allocation under that paragraph.". (2) FISCAL YEAR 1995.--The chairman of the Committee on the Budget shall submit to the House of Representatives or the Senate, as the case may be, appropriately revised allocations under clauses (iv) and (v) of paragraph (l)(A) or subparagraphs rD) and (E) of paragraph (2) of section 602(a) of the Congressional Budget Act of 1974 for fiscal year 1995 to carry out subsection (b)(V. rg) VIOLENT CRIME REDUCTION TRUST FUND SEQUESTRAT101~ (V SEQUESTRATION.--Part C of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding after section 251 the following new section: "SEC. 251A. SEQUESTRAT~ON WITH RESPECT TO VIOLENT CRIME REDUCTION TRUST FUND. '(a) SEQUESTRATION.--Within 15 days after Congress adjourns to e1ld a session, there shall be a sequestration to eliminate any budgetary eXCess in the Violent Crime Reduction Trust Fund as described in subsection (b). ''(b) E~ IMINATING A BUDGETARY EXCESS.-- "(1) IN GENERAL.--Except as provided by paragraph (2), appropriations from the Violent Crime Reduction Trust Fund shall be reduced by a uniform percentage necessary to eliminate ny amount by which estimated outlays in the budget year from ~he Fund exceed the following levels of outlays: "(A) For fiscal year 1995, $703,000,000. "(B) For fiscal year 1996, $2,334,000,000. "(C) For fiscal year 1997, $3,936,000,000. "(D) For fiscal year 1998, $4,904,000,000. For fiscal year 1999, the comparable level for budgetary purposes shall be deemed to be $5,639,000,000. For fiscal year 349 2000, the comparable level for budgetary purposes ,hall be deemed to be $6,225J000,000 (2) SPECIAL oUTLAY ALLowANcE~--If estimatea' outlays E from the Fund for a fiscal year exceed the level speci,fied in paragraph (1) for that year, that level shall be increased by the lesser of that eXcess or 0.5 percent of that level. "(c) Loo~-BAc~.--If after June 30, an appropriation for the fis~: cal year in progress is enacted that causes a budgetary excess in the E~ Violent Crime Reduction Trust Fund as described in subsection (b) for that year (after taking into aCcount any sequestration of amountS under this section), the level set forth in subsection (b) for the next fiscal year shall be reduced by the amount of that excess. "(d) WITHIN-SESSION SEQuEsTRA7loN--If an appropriation for a fiscal year in progress is enacted (after Congress adjourns to end the session for the budget year and before July 1 of that fiscal year) that caUses a budgetary eXcess in the Violent Crime Reduction Trust Fund as described in subsection (b) for that year (after taking into account any prior sequestration of amounts under this section), 15 days later there shall be a .~;equestration to eliminate that excess following the procedures set fo.rth in subsection (b). (e) PART-YEAR APPROPRL~4TIONS AND OMB ESTllU.qTES.--Paragraphs f4) and (7) of sectiC~n 251(a) shall apply to appropriations from, and sequestratiOn of amounts appropriated from, the Violent Crime Reduction Trust Fun d under this section in the same manner as those paragraphs apply to discretzonary approprzations and sequestratzons under that section~JJ. (2) REpoRTs~ection 254(g) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively, and by inserting after paragraph (3) the following new paragraph: (4) REPORTS ON SiEQuEsTRATloN TO REDUCE THE VIOLENT CRIME REDUCTION TRUST FUND.--The final rePOrtS Shall Set forth for the budget year estimates for each of the following: "(A) The amount of budget authority appropriated from the Violent Crime Reduction l'rust Fund and outlays resulting from those a~ppropriatiOns. "(B) The sequestration percentage and reductions, if any, required under section 251A.". SEC. 310002. CONFORMlNG REDUCTION IN DISCRETIONARY SPENDING LIMITS. Upon enactment of thiS, ACt, the discretionary spending limits set forth in section 601(a)(;2) of the Congressional Budget Act of 1974 (2 U.S.C, 665(a)(2)) (as adjusted in conformance with section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985, and in the Senate, With section 24 of House Concurrent Resolutcon 218 (103d Congress)) for fiscal years 1995 through 1998 are reduced as follows: (1, for fiscal year 1995, for the discretionary category: $2,423,000,000 in neW budget authority and $703,000,000 in outlays; (2) for fiscal year 1996, for the discretionary category: $4,207,000,000 in new, budget authority and $2,334,000,000 in outlaw 350 (3) for fiscal year 1997, for the discretionary category $5,000,000,000 in new budget authority and $3,936,000,000 in outlays; and (4) for fiscal year 1998, for the discretionary category- $5,500,000,000 in new budget authority and $4,904,000,000 in~ outlays. For fiscal year 1999, the comparable amount for budgetary purposeJ shall be deemed to be $6,500,000,000 in new budget authority and $5,639,000,000 in outlays. For fiscal year 2000, the comparab amount for budgetary purposeS shall be deemed to be ~6,500,000,00x in new budget authority and $6,225,000,000 in outlays. SEC. 310003. EXTBNSION OF AUTHORIZATIONS OF AppRopRuTloN8 FOR FISCAL YEARS FOR WHICH THE FULL AMOUNT AU. THORIZED IS NOT APPROPRIATED. If in making an appropriation under any provision of this Act or amendment made by thiS ACt that authorizes the making of an appropriation for a certain purpose for a certain fiscal year in a cer- tain amount, the Congress makes an approprzation for that purpose for that fiscal year in a lesser amount, that prouision or amendment shall be considered to authorize the making of appropriations for that purpose for later fiscal yearS in an amount equal to the difference between the amount authorized to be appropriated and the amount that has been appropriated. SEC 310004. FLEXll~ILlTY IN M.4KING OF APPROPRIATIONS. (a) FEDERAL LAW ENFORCEMENT.--In the making of appropriations under any prouision of thiS ACt or amendment made by this Act that authorizes the making of an appropriation for a Federal law enforcement program for a certain fiscal year in a certain amount out of the Violent Crime Reduction Trust Fund, not to exceed 10 percent of that amount iS authorized to be appropriated for that fiscal year for any other Federal law enforcement program for which apprOpriationS are authorized by any other Federal law enforcement prouision of this Act or amendment made by this Act. The aggregate reduction in the authorization for any particular Federal law enforcement program may not exceed 10 percent of the total amount authorized to be appropriated from the Violent Crime Reduction Trust Fund for that program in thiS ACt or amendment made by this Act. (b) STATE AND LOCAL LAW ENFORCEMENT.--In the making of appropriatiOnS under any provision of thiS ACt or amendment made by this Act that authorizes the making of an appropriation for a State and local law enforcement program for a certain fiscal year in a certain amount out of the Violent Crime Reduction Trust Fund, not to exceed 10 percent of that amount iS authorized to be appropriated for that fiscal year for any other State and local law enforcement program for which appropriationS are authorized by any other state and local law enforcement prouision of thiS Act or amendment made by thiS ACt. The aggregate reduction in the authorization for any particular State and local law enforcement program may not exceed 10 percent of the total amount authorized to be appropriated from the Violent Crime Reduction Trust Fund for that program in this Act or amendment made by this Act. 351 (C) PREVENTION.--In the making of appropriations under any prouision of thiS Act or amendment made by this Act that authorizes the making of an appropriation for a prevention program for a certain fiscal year in a certain amount out of the Violent Crime Reduction Trust Fund, not to exceed 10 percent of that amount is authorized to be appropriated for that fiscal year for any other prevention program for Which appropriations are authorized by any other prevention provision of thiS Act or amendment made by this Act. The aggregate reduction in the authorization for any particular prevention program may not exceed 10 program of the total amount authorized to be appropriated from the Violent Crime Reduction Trust Fund for that program in this Act or amendment made by this Act. (d) DEFINITIONS.--In this section--Federal law enforcement program" means a program authorized in any of the following sectwns: (1) section l90001(a) (2) section l90001(b), (3) section l90001(c); (4) section l90001(d); (5) section l90001(e); (6) section 320925(7) section 150008; (8) section 220002; (9) section 130002; (10) section 130005; (11) section 130006 (12) section 130007 (13) section 250005; (14) sections 210303-210306(15) section 180104; and (16) section 270009. State and local law enforcement program" means a program uu~norized in any of the following sections: (1) sections 10001-10003 (2) section 210201; (3) section 210603; (4) section 180101; (5) section 180103; (6) section 31701-31708 (7) section 210602; (8) section 30801-30802; (9) section 210302; (10) section 210501; (1V section 210101; (12) section 320903; (13) section 20101-20109; (14) section 20301; (15) section 32201; and (16) section 20201. vention program" means ,Following sections: (1) section 50001 (2) section 30101-30104; program authorized in any of 352 (3) section 30201; (4) section 30301-30307; (6) section 30401-30403; (6) section 30501-30505; (7) section 30601; (8) section 30701-30702; (9) section 30901-30906; (10) section 31001-31002; (11) section 31101-31133; (12) section 31201-31207; (13) section 31301; (14) section 31401-31405; (15) section 31501-31505; (16) section 31601-31603; (17) section 31801-31808; (18) section 31901-31922; (19) section 32001; (20) section 32101; (21) section 32301-32307; (22) section 32401; (23) section 40114; (24) section 40121; (25) section 40151; (26) section 40152; (27) section 40155; (28) section 40156; (29) section 40211; (30) section 40231; (31) section 40241; (32) section 40251; (33) section 40261; (34) section 40292; (35) section 40293; (36) section 40295; (37) section 40411-40414; (38) section 40421-40422; (39) section 40506; (40) section 40601-40611; (41) section 15004; (42) section 15005; (43) section 24001; and ~44) section 24003. TITLE XXXlI--MISCELLANEOUS Subtitle A--Increases in Penalties SEC. 320101. INCREASED PENALTIES FOR ASSAULT. (a) CERTAIN OFFICERS AND EMPLOYEES.--Section 111 of title 18, United States Code, is amended-- (1) in subsection (a) by inserting ", where the acts in viola- tion of thiS section constitute only simple assault, be fined 353 under this title or imprisoned no~ more than one year, or both and in all other caseS," after sha~"- and (2) in subsection (b) by inserting "or inflicts bodily injury" after weapon. fb) FOREIGN OFFICIALS, OFFICL4~ GuEsrs, 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 (2) by inserting ", or inflicts bodily injury," after "weapon"; and (3) by striking "not more ~zan $10,000U and inserting "under this title". (C) MARITIME AND TERRITORIAL J~TRISDICTION.--Section 113 of title 18, United States Code, is amended-- (1) in subsection (c)-- (A) by striking "of not mo~e 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 ~an $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 ~an $10,000" and inserting "under this title"; and (4) by striking "for". (e) PRESIDENT AND PRESIDENTS S1'AFF.--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 ti~le ', (2) by striking "not more t~an $5,000," and inserting under this tztle,; and (3) by inserting "the assault irzvolved the use of a dangerous weapon, or after if . SEC. 320102. INCREASED PENALTIES FOR IllANsLAuGHTER~ Section 1112 of title 18, United S~ateS Code, is amended-- (1) in subsection (b)-- (A) by inserting "fined u~lder this title or" after "shall be" in the first undesignated p~ragraph; and (B) by inserting ', or both''after "years"; (2! by striking "not more tha~ ~1,000" and inserting "under this tztle; and (3) by striking "three" and inserting "six". SEC. 320103. INCREASED PENALTIES FO~ CIVIL RIGHTS VIOLATIONS. (a) CoNsplRAcyAGAlNsTRlGHTs-~ection 241 oftitle 18, United States Code. is amended-- 354 (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, aggrauated 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) bv insertin~ ". or both" after "life". (b) DEPRIVATION OF RIGHTS.--Section 242 of title 18, United States Code, is amended-- (1) by striking "not more than $1,000" and inserting "under this title"; (2) by inserting "from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire," after "bodily injury resultsn (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 ACTIV~TIES.--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-- (V in subsection (c)(l) 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 355 (B) by inserting "from the acts committed in violation of this sectzon 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 o~her religzous property.'. (e) FAIR HOUSING AcT.~ection 901 of the Fair Housing Act (42 . .C. 3631) zs amended-- (1) in the caption by striking "bodily injury; death-"- ,, d(2)thb,y tsitt7rzk,ing not more than $1,000," and i'nserting (3) by inserting "from the acts committed in violation of t zs sectzon or ff such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire" ofter bod ly InJury results"; (4) by striking "not more than $10,000," and inserting d h~ v~ ur~ ~lU,UUU'- ancz inserting (5) by inserting "from the acts committed in violation of this sectzon or ff such acts include kidnapping or an attempt to kzdnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill," after "death re (6) by striking "subject to imprisonment" and inserting"fined under this title or imprisoned"- and (7) by inserting " or both" after "life". SEC. 320104 A~R TRAFFICRING IN COUNTERFEIT GOODS (a) IN GENERAL.--Section 2320(a) of title 18, United States (1) in the first sentence-- (A) by striking "$250,000 or imprisoned not more than five years" and inserting "$2,000,000 or imprisoned not more than 10 years', and (B) by striking "$1,000,000" and inserting (2) in the second sentence--- (A) by striking $1,000,000 or imprisoned not more than fifteen years" and inserting "$5,000,000 or imprisoned not more than 20 years y and (B) by striking "$5,000,000" and inserting .o 6(c)(?)(D) oftitle 18, United ~SVtEa~tARYC d ~ ~or sectzon 2319 (relating to copyright infringement)," and inserting on 319 (relating to copyrzght infringement), or section 2320 ing to trafificking in counterfeit goods and services),". C. 320105. D!VRRpE~SED PE/VALTY FOR CONSPIRACY TO COMMIT MUR ~ Section 1958(a) of titie 18, United States Code, is amended by pl ing or who conspzres to do so" before "shall be fined" the first 356 SEC. 320106. INCREASED PENALTIES FOR ARSON. Section 844 of title 18, United states Code, is amended-- (1) in subsection (f)-- (A) by striking "not more than ten years, or fined not more than $10,000" and inserting "not more than 20 years, fined the greater of the fine under this title or the cost of repairing or replacing any property that is damaged or destroyed," and (B) by striking "not more than twenty years, or fined not more than $10,000" and inserting "not more than 40 years, fined the greater of the fine under this title or the cost of repairing or replacing any property that is damaged or destroyed," (2) in subsection (h)-- (A) in the first sentence by striking "five years" and inserting "5 years but not more than 15 years"; and (B) in the second sentence by striking "ten years" and inserting "10 years but not more than 25 years', and (3) in subsection (i)-- (A) by striking "not more than ten years or fined not more than $10,000" and inserting "not more than 20 years, fined the greater of the fine under this title or the cost of repairing or replacing any property that is damaged or destroyed,", and (B) by striking "not more than twenty years or fined not more than $20~000n and inserting "not more than 40 years, fined the greater of the fine under this title or the cost of repairing or replacing any property that is damaged or destroyed,". SEC. 320107. INCREASED PENALTIES FOR DRUG TRAFFICRI'NG NEAR PUBLIC HOUSING. Section 419 of the Controlled Substances Act (21 U.S.C. 860) is amended-- (1) in subsection (a) by striking "playground, or within" and inserting "playground, or housing facility owned by a public housing authority, or within"; and (2) in subsection (b) by striking "playground, or within" and inserting "playground, or housing facility owned by a public housing authority, or within". SEC. 320108. TASK FORCE AND CRIlUlNAL PENALTIES RELATING TO THE INTRODUCTION OF NONINDIGENOUS SPECIES. (a) TASK FORCE.-- (1) IN GENERAL.--The Attorney General is authorized to convene a law enforcement task force in Hawaii to facilitate the prosecution of violations of Federal laws, and laws of the state of Hawaii, relating to the wrongful conveyance, sale, or introduction of nonindigenous plant and animal species. (2) MEMBERSHIP.~A) The task force shall be composed of representatives of-- (i) the Office of the United States Attorney for the Dis trict of Hawaii; (ii) the United States Customs Service; (iii) the Animal and Plant Health Inspection Service; (iv) the Fish and Wildlife Service; 357 (v) the National Park Service; (vi) the United States Forest Service; (vii) the Military Customs Inspection Ofifice of the Department of Defense; (viii) the United States Postal Service; (ix) the office of the Attorney General of the State of Hawaii; (x) the Hawaii Department of Agriculture; (xi) the Hawaii Department of Land and Natural Resources; and (xii) such other individuals as the Attorney General deems appropriate. (B) The Attorney General shall, to the extent practicable, select individuals to serve on the task force who have experience with the enforcement of laws relating to the wrongful conveyance, sale, or introduction'of nonindigenous plant and animal species. (3) DUTIES.--The task force shall-- (A) facilitate the prosecution of violations of Federal and State laws relating to the conveyance, sale, or introduction of nonindigenous plant and animal species into Hawaii, and (B) make recommendations on ways to strengthen Federal and State laws and law enforcement strategies designed to prevent the introduction of nonindigenous plant and animal species. (4) REPORT.--The task force shall report to the Attorney General, the Secretary of Agriculture, the Secretary of the Interior, and to the Committee on the Judiciary and Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on the Judiciary, Committee on Agriculture, and Committee on Merchant Marine and Fisheries of the House of Representatives on-- (A) the progress of its enforcement efforts; and (B) the adequacy of existing Federal laws and laws of the State of Hawaii that relate to the introduction of nonindigenous plant and animal species Thereafiter, the task force shall make such reports as the task force deems appropriate. (5) CONSULTATION.--The task force shall consult with Hawaii agricultural interests and representatives of Hawaii conservatlon organizations about methods of preventing the wrongful conveyance, sale, or introduction of nonindigenous plant and animal species into Hawaii. (b) CRIMINAL PENALTY.-- (1) IN GENER~L.--Chapter 83 of title 18, United States Code, is amended by inserting after section 1716C the following new section: ~1716D. Nonmailable injurious animals, plant pests, plant~, and illegally taken fi8h, wildlife, and plants "A person who knowingly deposits for mailing or delivery, or Owingly causes to be delivered by mail, according to the direction on, or at any place at which it is directed to be delivered by 358 the person to whom it is addressed, anything that section 3015 of title 39 declares to be nonmailable matter shall be fined under this title, imprisoned not more than 1 year, or both.". (2) TECHNICAL AMENDMENT.--The chapter analysis for chapter 83 of title 18, United StateS Code, is amended by inserting after the item relating to section 1716C the following new item: "1716D. Nonrna~lable injur ous animals, plant pests, plants, and iUegally taken fish, ~uildlife, andplants." SEC. 320109. AIILITARY MEDALS AND DECORATIONS. Section 704 of title 18, United States Code, is amended-- (1) by striking "Whoever and inserting (a) IN GENERAL.-- Whoever"; (2) by striking "not more than $250" and inserting "under this title"; and (3) by adding at the end the following new subsection: "(b) CONGRESSIONAL MEDAL OF HONOR.-- "(1) IN GENERAL.--If a decoration or medal involved in an offense under subsection (a) is a Congressional Medal of Honor, in lieu of the punishment provided in that subsection, the offender shall be fined under this title, imprisoned not more than 1 year, or both. "(2) DEFlNlTloNs.lA) As used in subsection (a) with respect to a Congressional Medal of Honor, 'sells' includes trades, barters, or exchanges for anything of value. "(B) As used in this subsection, 'Congressional Medal of Honor' means a medal awarded under section 3741 of title 10.". Subtitle B--Extension of Protection ~f Civil Ri~hts Statutes SEC. 320201. EXTENSION OF PROTECTION OF CIVIL RIGHTS STATUTES. (a) CONSPIRACY AG,41NST 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 per Subtitle C--Audit and Report SEC. 320301. AUDIT REQUIREMENT FOR STATE .~ND LOCAL LAW EN FORCEMENT AGENCIES RECEIVING FEDERAL ASSET FOR~ FEITURE FUNDS. 3 (a) STATE REQUIREMENT.~ection 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. 359 "(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 fiunds 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 GENE)~AL 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) ofparagraph (7).". SEC 320302. REPORT TO CONGRESS ON ADMINISTRATIVE AND CONTRACTING EXPENSES. Section 524(c)(6) of title 28, United States Code, is amended-- (1) by striking "and" at the end of subparagraph (B); (2) by striking the period at the end of subparagraph (C) and ~nserting "; and"; and (3) by adding at the end the following new subparagraph: (D) a report for such fiscal year containing a description of the administratiue and contracting expenses paid from the Fund underparagraph (l)(A).". Subtitle D{~oordination SEC. 320401. COORDINATION OF SUBSTANCE ABUSE TREATMENT AND PREVENTION PROGRAMS. The Attorney General shall consult with the Secretary of the Department of Health and Human Services in establishing and carry~ng out the substance abuse treatment and preuention components of the programs authorized under this Act, to assure coordination of programs, eliminate duplication of efforts and enhance the effectiveness of such services. Subtitle E~ambling SEC. 320501. C~:.ARIFYING AMENDMENT REGARDING SCOPE OF PROHIBITION AGAINST GAMBLING ON SHIPS IN INTERNATIONAL WATERS. The paragraph of section 1081 of title 18, United States Code, defin~ng the term "gambling ship" iS amended by adding at the end the following ''SUch term does not include a vessel with respect to gambling aboard such uessel beyond the territorial waters of the Un~ted States during a covered voyage (as defined in section 4472 of the Internal Revenue Code of 1986 as in effect on January 1, 360 Subtitle F--White Collar Crime Amendments SEC. 320601. RECEIVING THE PROCEEDS OF EXl'ORTlON OR KrDNAP. PING. (a) PROCEEDS OF EXTORTION.--Chapter 41 of title 18, United States Code, is amended-- (1) by adding at the end the following new section: "880. Receiving the proceeds of extortion "A person who receives, possesses, conceals, or disposes of any money or other property which was obtained from the commission of any offense under this chapter that is punishable by imprisonment for more than 1 year, knowing the same to have been unlawfully obtained, shall be imprisoned not more than 3 years, fined under this title, or both."; and (2) in the table of sections, by adding at the end the follow ing new item:"880. Receiving the proceeds of extortion.l' (b) RANSOM MONEY.--Section 1202 of title 18, United States Code, is amended-- (1) by designating the existing matter as subsection "(a)"; and (2) by adding the following new subsections: "(b) A person who transports, transmits, or transfers in interstate or foreign commerce any proceeds of a kidnapping punishable under State law by imprisonment for more than 1 year, or receives, possesses, conceals, or disposes of any such proceeds after they have crossed a State or United States boundary, knowing the proceeds to have been unlawfully obtained, shall be imprisoned not more than 10 years, fined under this title, or both. "(c) For purposes of this section, the term 'State' has the meaning set forth in section 245(d) of this title. ". SEC. 320602. RECEIVING THE PROCEEDS OF A POSTAL ROBBERY. Section 2114 of title 18, United States Code, is amended-- (1) by striking "whoever" and inserting: "(a) ASSAULT.--A person who"; and (2) by adding at the end the following new subsection: (b) RECEIPT, POSSESSION, CONCEALMENT, OR DISPOSAL OF PROPERTY.--A person who receives, possesses, conceals, or disposes of any money or other property that has been obtained in violation of this section, knowing the same to have been unlawfully obtained, shall be imprisoned not more than 10 years, fined under this title, or both.". SEC. 320603. CRIMES BY OR AFFECTING PERSONS ENGAGED IN T~E 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: 361 "~1033. Crimes by or affecting persons engaged in the business of insurance whose activities affect interstate commerce "(a)(V Whoever is engaged in the business of insurance whose activities affect interstate commerce and knowingly, with the intent to deceive, makes any false material statement or report or willfully and materially overvalues any land, property or security-- "(A) in connection with any financial reports or documents presented to any insurance regulatory official or agency or an agent or examiner appointed by such official or agency to examine the affairs of such person, and "(B) for the purpose of influencing the actions of such official or agency or such an appointed agent or examiner, shall be punished as provided in paragraph (2). "(2) The punishment for an offense under paragraph (1) is a fine as established under this title or imprisonment for not more than 10 years, or both, except that the term of imprisonment shall be not more than 15 years if the statement or report or overvaluing of land, property, or security jeopardized the safety and soundness of an insurer and was a significant cause of such insurer being placed in conservation, rehabilitation, or liquidation by an appropriate court. "(b)(l) Whoever-- "(A) acting as, or being an officer, director, agent, or employee of any person engaged in the business of insurance whose activities affect interstate commerce, or "(B) is engaged in the business of insurance whose activities affect interstate commerce or is involved (other than as an insured or beneficiary under a policy of insurance) in a transaction relating to the conduct of affairs of such a business, willfully embezzles, abstracts, purloins, or misappropriates any of the moneys, funds, premiums, credits, or other property of such person so engaged shall be punished as provided in paragraph (2). "(2) The punishment for an offense under paragraph (1) is a fine as provided under this title or imprisonment for not more ,than 10 years, or both, except that if such embezzlement, abstraction, purloining, or misappropriation described in paragraph (1) jeopardized the safety and soundness of an insurer and was a significant cause of such insurer being placed in conservation, rehabilitation, or liquidation by an appropriate court, such imprisonment shall be not more than 15 years. If the amount or value so embezzled, abstracted, purloined, or misappropriated does not exceed $5,000, whoever violates paragraph (1) shall be fined as provided in this title or imprisoned not more than one year, or both. "(c)(1) Whoever is engaged in the business of insurance and whose activities affect interstate commerce or is involved (other than as an insured or beneficiary under a policy of insurance) in a transaction relating to the conduct of affairs of such a business, knowingly makes any false entry of material fact in any book, report, or statement of such person engaged in the business of insurance with intent to deceive any person, including any officer, employee, or agent of such person engaged in the business of insurance, any insurance regulatory official or agency, or any agent or examiner ap 362 pointed by such of ficial or agency to examine the affairs of such per.son, about the financial condition or solvency of Such business sha~ 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 tha~ 10 years, or both, except that if the false entry in any book, report or statement of such person jeopardized the safety and soundness ~ I an insurer and was a significant cause of Such inSurer being plac in conservation, rehabilitation, or liquidation by an appropriaLe court, such imprisonment shall be not more than 15 years. "(d) Whoever, by threats or force or by any threatening letter or communication, corruptly influences, obstructs, or impedes or en- deavors 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 agen-' cy 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)(l)(A) Any individual who has been convicted of any crimi nal 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 ------------------------------ Cut here ------------------------------ Part 16/16, total size 56392 bytes: ------------------------------ Cut here ------------------------------ 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 (l)(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 subsect~on. "(f) As used in this section-- "(1) the term 'business of insurance' means-- "(A) the writing of insurance, or "(B) the reinsuring of risks, by an insurer, including all acts necessary or incidental to such writing or reinsuring and the activities of persons who act as, or are, officers, directors, agents, or employees of insurers or who are other persons authorized to act on behalf of such persons; "(2) the term 'insurer' means any entity the business activity of which is the writing of insurance or the reinsuring of risks, and includes any person who acts as, or is, an officer, director, agent, or employee of that business; "(3) the term 'interstate commerce' means-- "(A) commerce within the District of Columbia, or any territory or possession of the United States; 363 "(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. ~1034. CiVil penaltie8 and i~Uunctions for violations of section 1033 "(a) The Attorney General may bring a civil action in the approriate United states district court against any person who enga~es n conduct constituting an offense under section 1033 and, upon roof of such conduct by a preponderance of the evidence, such pern shall be subject to a ciuil penalty of not more than $50,000 for ch violation or the amount of compensation which the person reiued or offered for the prohibited conduct, whichever amount is reater. If the offense has contributed to the decision of a court of ~propriate jurisdiction to issue an order directing the conseruation, habilitation, or liquidation of an insurer, such penalty shall be reitted to the appropriate regulatory official for the benefit of the olicyholders, claimants, and creditors of such insurer. The imposiion of a civil penalty under this subsection does not preclude any ther criminal or civil statutory, common law, or administrative medy, which is available by law to the United States or any other erson. "(b) If the Attorney General has reason to believe that a person s engaged in conduct constituting an offense under section 1033, e Attorney General may petition an appropriate United States disrict court for an order prohibiting that person from engaging in uch conduct. The court may issue an order prohibiting that person om engaging in such conduct if the court finds that the conduct onstitutes such an offense. The filing of a petition under this secion does not preclude any other remedy which is available by law o the United States or any other person.". (b) CLERICAL AMENDMENT.--The table of sections for chapter 47 such title is amended by adding at the end the following new tems: 1033. Crimes by or affecting persons engaged in the business of insurance whose activities affect interstate commerce. 034. Civil penalties and injunctions for violations of section 1033.". EC. 3ao604. A~SCELLANEOUS AMENDMENTS TO TITLE 18, UNITED STATES CODE. (a) TAMPERING WITH INSURANCE REGULATORY PROCEEDINGS.-- ection 161~(a)(1) of title 18, United States Code, is amended-- (1) by striking "or" at the end of subparagraph (B); (2) by inserting "or" at the end of subparagraph (C); and (3) by adding at the end thereof the following new subparagraph: 364 "(D) a proceeding involving the business of insurance whose activities affect interstate commerce before any insurance regulatory official or agency or any agent or examiner appointed by such official or agency to examine the affairs of any person engaged in the business of inSurance whose activities affect interstate commerce; or". (b) LIMITATIONS.--Section 3293 of such title is amended by inserting "1033," after "1014,". (C) OBSTRUCTION OF CRIMINAL INVESTIGATIONS.--Section 1510 of title 18, United states Code, is amended by adding at the end the following new subsection: "(d)(l) Whoever-- "(A) acting as, or being, an officer, director, agent or em ployee of a person engaged in the business of insurance whoseactivities affect interstate commerce, or "(B) is engaged in the business of insurance whose activities affect interstate commerce or is involved (other than as an insured or beneficiary under a policy of insurance) in a transaction relating to the conduct of affairs of such a business, with intent to obstruct a judicial proceeding, directly or indirectly notifies any other person about the existence or contents of a subpoena for records of that person engaged in such business or information that has been furnished to a Federal grand jury in response to that subpoena, shall be fined as provided by this title or imprisoned not more than 5 years, or both. "(2) As used in paragraph (1), the term 'subpoena for records' means a Federal grand jury subpoena for records that has been served relating to a violation of or a conspiracy to violate, section 1033 of this title.". SEC. 320605. FEDERAL DEPOSIT INSURANCE ACT AMENDMENT. Section l9(a) of the Federal Deposit Insurance Act (12 U.S.C. 1829(a)) is amended in paragraph (2)(A)(i)(V-- (1) by striking "or 1956"; and (2) by inserting "1517, 1956, or 1957". SEC. 320606. FEDERAL CREDIT UNION ACT AMENDMENTS. Section 205(d) of the Federal Credit Union Act (12 U.S.C. 1785(d)) is amended to read as follows: (d) PROHIBITION.-- (1) IN GENERAL.--Except with prior written consent of the Board-- "(A) any person who has been convicted of any criminal offense involving dishonesty or a breach of trust, or has agreed to enter into a pretrial diversion or similar program in connection with a prosecution for such offense, may not-- "(i) become, or continue as, an institution-afifiliated 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 con 365 duct or continue any relationship prohibited under suchsubparagraph. "(2) MINIMUM 10-YEAR PROHIBITION PERIOD FOR CERTAIN OFFENSES.-- "(A) IN GENERAL.--If the offense referred to in paragraph (V(A) in connection with any person referred to in such paragraph is-- "(i) an offense under-- "(U section 215, 656, 657, 1005, 1006, 1007, 1008, 1014, 1032, 1344, 1517, 1956, or 1957 of title 18, United states Code; or "(IV section 1341 or 1343 of such title which affects any financial institution (as defined in sec- tion 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.~n 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 Fn~NG.--A motion may be filed under clause (i) at any time during the 10-year period described in subparagraph (A) with regard to the person on whose behalf such motion is made. (3) PENALTY.--Whoever knowingly violates paragraph (1) or (2) shall be fined not more than $1,000,000 for each day such prohibition is violated or imprisoned for not more than 5 years, or both.". SEC. 320607. ADDITION OF PREDICATE OFFENSES TO FINANCIAL INSTITUTIONS REWARDS STATUTE. Section 3059A of title 18, United States Code, is amended-- (1) by inserting "225,n after "215"; (2) by striking "or" before "1344"; and (3) by inserting ", or 1517" after "1344". SEC. 320608. DEFINITION OF SAVINGS AND LOAN ASSOCIATION" FOR PURPOSES OF THE OFFENSE OF BANK ROBBERYAND RELATED OFFENSES. Section 2113 of title 18, United States Code, is amended by adding at the end the following new subsection: "(h) As used in this section, the term 'savings and loan association means-- "(1) a Federal savings association or State savings associa- tion (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 366 "(2) a corporation described in section 3(b)(1)(C) of the Federal Deposit Insurance Act (12 U.S.C. 1813(b)(1)(C)) that is operating under the laws of the United States.". SEC. 320609. DEFINITION OF l-YEAR PERIOD FOR PURPOSES OF THE OFFENSE OF OBSTRUCTION OF A FEDERAL AUDIT. Section 1516(b) of title 18, United States Code, is amended-- (1) by striking "section the term" and inserting "section-- "(1) the term"; (2) by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new paragraph: "(2) the term 'in any 1 year period' has the meaning given to the term 'in any one-year period' in sect~on 666.". Subtitle G~afier streets and Neighborhoods SEC. 320701. SNORT TITLE. This subtitle may be cited as the "Safer Streets and Neighborhoods Act of 1994". SEC. 320702. LllllrTATlON ON GRANT DISTRIBUTION. (a) AMENDMENT.--Section 510(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3760(b)) is amended by inserting "non-Federal" after "with". (b) EFFECTIVE DATE.--The amendment made by subsection (a) shall take effect on October 1, 1994. Subtitle H--Recreational Hunting Safety SEC. 320801. SHORT TITLE. This subtitle may be cited as the "Recreational Hunting Safety and Preservation Act of 1994". SEC. 320802. OBSTRUCTION OF A LAWFUL HUNT. It is a violation of this section intentionally to engage in any physical conduct that significantly hinders a lawful hunt. SEC 320803. CIVIL PENALTIES. (a) IN GENERAL.--A person who violates section 320802 shall be assessed a civil penalty in an amount computed under subsection (b). (b) COMPUTATION OF PENALTY.--The penalty shall be-- (1) not more than $10,000, if the violation involved the use of force or violence, or the threatened use of force or violence, against the person or property of another person; and (2) not more than $~,000 for any other violation. (C) RELATIONSHIP TO OTHER PENALTIES.--The penalties established by thiS section shall be in addition to other criminal or c~v~l penalties that may be levied against the person as a result of an activity in violation of section 320802. (d) PROCEDURE.--Upon receipt of-- (1) a written complaint from an officer, employee, or agent of the Forest Service, Bureau of Land Management, National 367 Park Service, United States Fish and Wildlife Service, or other Federal agency that a person violated section 320802; or (2) a sworn affidavit from an individual and a determination by the Secretary that the statement contains sufficient factual allegations to create a reasonable belief that a violation of section 320802 has occurred; the Secretary may request the Attorney General of the United States to institute a Civil action for the imposition and collection of the civil penalty under this section. (e) USE OF PENALTY MONEY COLLECTED.--After deduction of costS attributable to collection, money collected from penalties shall be-- (1) deposited into the trust fund established pursuant to the Act entitled "An Act to provide that the United States shall aid the States in wildlife-restoration projects, and for other purposes", approved September 2, 1937 (16 U.S.C. 669) (commonly known as the "Pitman-Robert30n Wildlife Restoration Act"), to support the activities authorized by such Act and undertaken by State wildlife management agencies; or (2) used in such other manner as the Secretary determines will enhance the funding and implementation of-- (A) the North American Waterfiowl Management Plan signed by the Secretary of the Interior and the Minister of Environment for Canada in May 1986; or (B) a similar program that the Secretary determines will enhance wildlife management-- (i) on Federal lands- or (ii) on private or State-owned lands when the ef forts will also provide a benefit to wildlife management obJectives on Federal lands. SEC. 320804. OTHER RELIEF. Injunctive relief against a violation of section 320802 may be sought by-- (1) the head of a state agency with jurisdiction over fish or wzldlzfe management; (2) the Attorney General of the United States; or (3! any person who is or would be adversely affected by the vzolat~on. SEC. 320805. RELATIONSHIP TO STATE AND LOCAL LAW AND ClVIL ACTIONS. This subtitle does not preempt a State law or local ordinance that provides for Civil or criminal penalties for conduct that violates th~s subtitle. SEC. 320806. REGULATIONS. The Secretary may issue such regulations as are necessary to carry out this subtitle. SEC. 320807. RULE OF CONSTRUCTION. Nothing in this subtitle shall be constr~ed to impair a right uaranteed to a person under the first article of amendment to the Const~tution or limit any legal remedy for forceful interference with a person's lawful participation in speech or peaceful assembly. 368 SEC. 320808. DEFINITIONS. As used in this subtitle: (1) FEDERAL LANDS.--The term 'Federal lands means-- (A) national forests; (B) public lands; (C) national parks; and (D) wildlife refuges. (2) LAWFUL HUNT.--The term lawful hunt means the tak. ing or harvesting (or attempted taking or harvesting) of wildlife or fish, on Federal lands, which-- (A) is lawful under the laws applicable in the place it occurs; and (B) does not infringe upon a right of an owner of pri vate property. (3) NATIONAL FOREST.--The term national forest meanslands included in the National Forest System (aS defined in section ll(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))). (4) NATIONAL PARK.--The term national park means lands and waters included in the National Park System (as defined in section 2(a) of the Act entitled "An Act to facilitate the management of the National Park System and miscellaneous areas administered in connection with that system, and for other purposes", approved August 8, 1953 (16 U.S.C. lc(a))). (5) PUBLIC LANDS.--The term public lands has the same meaning as is provided in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)). (6) SECRETARY.--The term "Secretary" means-- (A) the Secretary of Agriculture with respect to national forests; and (B) the Secretary of the Interior with respect to-- (i) public lands; (ii) national parks; and (iii) wildlife refuges. (7) WILDLIFE REFUGE.--The term wildlife refuge" means lands and waters included in the National Wildlife Refuge System (as established by section 4 of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd)). (8) CONDUCT.--The term "conduct" does not include speech protected by the first article of amendment to the Constitution. Subtitle I~ther Provisions SEC. 320901. WIRETAPS. Section 2511(1) of title 18, United States Code, is amended-- (1) by striking "or" at the end of paragraph (c); (2) by inserting "or" at the end of paragraph (d); and (3) by adding after paragraph (d) the following new para~ graph: "(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 sub 369 chapter, (ii) knowing or having reason to know that the information was obtained through the interception of such a communication in connection with a criminal investigation, (iii) having obtained or received the information in connection with a criminal investigation, and (iv) with intent to improperly obstruct, impede, or interfere with a duly authorized criminal investigation, ". SEC 320902. THEFT OF MAJOR ARTWOR~ (a) OFFENSE.--Chapter 31 of title 18, United States Code, is amended by adding at the end the following new section: ~668. Theft of major artwork "(a) DEFINITIONS.--In this section-- "'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 aes thetic purpose; "(C) has a professional staff, and "(D) owns, utilizes, and cares for tangible objects that are exhibited to the public on a regular schedule. "'object of cultural heritage' means an object that is-- "(A) over 100 years old and worth in excess of $5,000; or "(B) worth at least $100,000."."(b) OFFENSES.--A person who-- "(1) steals or obtains by fraud from the care, custody, or control of a museum any object of cultural heritage; or "(2) knowing that an object of cultural heritage has been stolen or obtained by fraud, if in fact the object was stolen or obtained from the care, custody, or control of a museum (whether or not that fact is known to the person), receives, conceals, exhibits, or disposes of the object, shall be fined under this title, imprisoned not more than 10 years, (b) PERIOD OF LIMITATION.--Chapter 213 of title 18, United States Code, is amended by adding at the end the following new section: ~3294. Theft of major artwork "No person shall be prosecuted, tried, or punished for a violation of or conspiracy to violate section 668 unless the indictment is returned or the information is filed within 20 years after the comm~ssiOn of the offense.". (d) TECHNICAL AMENDMENTS.-- (1) CHAPTER 31.--The chapter analysis for chapter 31 of title 18, United States Code, is amended by adding at the end the following new item: ~668. Theft of major artwork." (2) CHAPTER 213.--The chapter analysis for chapter 213 of title 18, United States Code, is amended by adding at the end the following new item: 370 '3294. Theft of major artwork. SEC. 320903. ADDITION OF AlTEMPTED ROBBERY, RrDNAPPING, SMUa GLING, AND PROPERTY DAMAGE OFFENSES TO EL NATE 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 'l~hoever attempts to violate subsection (a)(4) or (a)(5)" and inserting 'll~hoever attempts to violate subsectton (a) . (C) SMUGGLING.--Section 545 of title 18, United States Code, is amended by inserting "or attempts to smuggle or clandestinely in-: troducen 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 ~t appears. (2) Section 1362 of title 18, United States Code, is amended by inserting "or attempts willfully or maliciously to injure or destroy" after "willfully or maliciously injures or destroys". (3) Section 1366 of title 18, United States Code, is amended-- (A) by inserting "or attempts to damage" after "damages" each place it appears; (B) by inserting "or attempts to cause" after "causes"; and (C) by inserting "or would if the attempted offense had been completed have exceeded" after "exceeds" each place it appears. SEC. 320904. GUN-FREE SCHOOL ZONES. Section 922(q) of title 18, United States Code, is amended-- (I) by redesignating paragraphs (1), (2), and (3) as para graphs (2), (3), and (4), respectively; and (2) by inserting after "(q)" the following new paragraph:"(I) 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, it8 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, ordnary citizens and foreign visitors may fear to travel to or 371 through certain parts of the country due to concern about violent crime and gun violence, and parents may decline to send thetr ch~ldren 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 unavazling due in part to the failure or inability of other States or localities to take strong measures; and "(V 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. ". ~EC. 320906. INTERSTATE WAGERlNG. . Section 1301 of title 18, United States Code, is amended by inserting "or, being engaged in the business of procuring for a person in 1 State such a ticket, chance, share, or interest in a lottery, gift, ente~lirise or similar scheme conducted by another State (unless that busl~lrss is permitted under an agreement between the States in quest,~n or appropriate authorities of those States), knowingly tran.~ruts in ~nterstate or foreign commerce information to be used for t1Z. purpose of procuring such a ticket, chance, share, or interest;' atter"scheme;". SEC. .~20906. SENSE OF CONGRESS WITH RESPECT TO VIOLENCE AGAINST TRUCKERS. Ir is the sense of Congress that-- ~1) when there is Federal jurisdiction, Federal authorities should prosecute to the fullest extent of the law murders, rapes burglar~es, kidnappings and assaults committed against commercial truckers; and (2) appropriate Federal agencies should acknowledge this problem and place a priority on eualuating how best to prevent these crimes and apprehend those involved, and continue to coordinate their activities with multijurisdictional authorities to combat v~olent crimes committed against truckers. . 320907. WENSE OE THE SENATE REGARDING A STUDY ON OUT-OE It is the sense of the Senate that-- (1) the Secretary of Health and Human Services, in consultation With the National Center for Health Statistics, should prepare an analysis of the causes of the increase in out-of-wedlock births, and determine whether there is any historical precedent for such increase, aS well as any equivalent among foreign nat~Ons, and (2) the Secretary of Health and Human Services should report to Congress within 12 months after the date of the enactment of this ACt on the Secretary's analysis of the out-of-wed lock problem and its causes, as well as possible remedial meas ures that could be taken. SEG 320908. SENSE OF THE SENATE REGARDING THE ROLE OF THEUNITED NATIONS N INTERNATIONAL ORGANIZED CRI.~E CONTROL. It is the sense of the Senate that-- (I) the United States should encourage the development of a United Nations Convention on Organized Crime; and (2) the United Nations should-- (A) provide significant additional resourceS to the Com mission on Crime Prevention and Criminal Justice; (B) consider an expansion of the Commission S role and authority; and (C) seek a cohesive approach to the international orga~l, nized crime problem. SEC. 320909. OPTIONAL VENUE FOR ESPIONAGE AND RELATED OFFENSES. (a) IN GENERAL.--Chapter 211 of title 18, United States Code, is amended by inserting after section 3238 the following new section: "3239. Optional venue for espiona~Fe and related ot~enses "The trial for any offense involving a violation, begun or com mitted upon the high seas or elsewhere out of the jurisdiction of an particular State or district, of-- "(I) section 793, 794, 798, or section 1030(a)(1) of this tit~ "(2) section 601 of the National Security Act of 1947 (l U.S.C. 421); or "(3) section 4(b) or 4(c) of the Subversive Activities Cont~ Act of 1960 (60 U.S.C. 783 (b) or (c)); may be in the District of Columbia or in any other district autho, ized by law.". (b) TECHNICAL AMENDMENT.--The item relating to section 323. in the table of sections of chapter 211 of title 18, United State Code, is amended to read as follows: "3239. Optional venue for espionage and related offenses.l'. SEC. 320910. UNDERCOVER OPERATIONS. (a) IN GENERAL.--Chapter I of title 18, United States Code, amended by adding at the end the following new section: ",21. Stolen or counterfeit nature of property for cert~ crimes defined "(a) Wherever in thiS title it iS an element of an offense that-- "(I) any property was embezzled, robbed, stolen, converted, taken, altered, counterfeited, falsely made, forged, or obliter- ated; and "(2) the defendant knew that the property waS of Such chat- acter; such element may be established by proof that the defiendant, a~*r or as a result of an offficial representation as to the nature of the property, believed the property to be embezzled, robbed, stolen, con- verted, taken, altered, counterfeited, falsely made, forged, or Obliterated. 373 (o ~or purposes of this section, the term 'offficial representation' meanS any representation made by a Federal law enforcement o~icer (aS defined in section 116) or by another person at the direction or With the approval of such an offficer.". (b) TECHNICAL AMENDMENT.--The table of sections of chapter I of title 18, United States Code, is amended by adding at the end the following new item: "21. Stolen or counterfeit nature of proper~y for ce~tain cr~mes defined". S~C. 320911. M~SUSE OF INITIALS "DEA". (a) AMENDMENT.--Section 709 of title 18, United States Code, is amended-- (I) 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, soft~uare or other publication, play, motion picture, broadcast, telecast, other production is approued, endorsed, or authorized by the Drug Enforcement Administration;". (b) EFFECTIVE DATE.--The amendment made by subsection (a) O,~all become effective on the date that is 90 days after the date of ~nactment of this Act. --C. 320912. DEFINITION OF LIVESTOCK Section 2311 of title 18, United States Code, is amended by in ;ting after the second paragraph relating to the definition of "catle the follow~ng new paragraph: "'liuestock' means any domestic animals raised for home use vnsumption, or profit, such aS horses, pigs, llamas, goats, fowl, -leep, buffalo, and cattle, or the carcasses thereof.". ~C. 320913. ASSET FORFEITURE. (a) AMENDMENT.--Section 524(c)(1) of title 28, United States Code, is amended-- (I) by redesignating subparagraph (H) as subparagraph (I); and (2) by inserting after subparagraph (G) the following new subparagraph: "~H) the payment of State and local property taxes on forfeited real property that accrued between the date of the violation giuing rise ~o the forfeiture and the date of the forfeiture order; and". bj APPL1CATION OF AMENDMENT.--The amendment made by subst/(ition (a) shall apply to all claims pending at the time of or com l~1enced subsequent to the date of enactment of this Act. 374 SEG 320914. CLARIFICATION OF DEFINITION OP A "COURT OF lWE UNITED STATES" TO INCLUDE THE DISTRICT COURTS FOR GUAM, THE NORTHERN IIL41UANA ISLANDS, AND THE V112. fa) IN GENERAL.--Chapter 1 of title 18, United States Code, zg amended by adding at the end the following new section: "23. Court of the United States defined "As used in this title, except where otherwise expressly provided the term 'court of the United States' includes the District Court of Guam, the District Court for the Northern Mariana Islands, and the District Court of the virgin Islands. ". (b) TECHNICAL AMENDME T.--The chapter analysis for chapter 1 of title 18, United States Code, is amended by adding at the end the followin~ new item: ~23. Court of the United States defined " SEC. 3aosls. LAW ENFORCEA~ENT PERSONNEL. It is the sense of the Senate that law enforcement personnel should not be reduced and calls upon the President of the United States to exempt Federal law enforcement positions from Executive Order 12839 and other Executive memoranda mandating reductions in the Federal workforce. SEC. 320916. AUTHORITY TO INVESTIGATE VIOLENT CRIMES AGAINST TRAVELERS. fa) IN GENERAL.--Chapter 33 of title 28, United States Code, i8 amended by adding at the end the following new section: ",540A. Investigation of vioZent crimes against travelers "(a) IN GENERAL.--At the request of an appropriate law enforcement official of a State or political subdivision, the Attorney General and Director of the Federal Bureau of Investigation may assist in the investigation of a felony crime of violence in violation of the law of any State in which the victim appears to have been selected because he or she is a traveler. (b) FOREIGN TRAVELE~S.--In a case in which the traveler who is a victim of a crime described in subsection (a) is from a foreign nation, the Attorney General and Director of the Federal Bureau of Investigation, and, when appropriate, the Secretary of State shall assist the proseCuting and law enforcement officials of a State or political subdivision to the fullest extent possible in securing from abroad such evidence or other information as may be needed for the effective investigation and prosecution of the crime. (C) DEFINITIONS.--In this section-- "'felony crime of violence' means an offense punishable by more than one year in prison that has aS an element the use, attempted USe, or threatened use of physical force against the person of another. "'State' meanS a State, the District of Columbia, and any commonwealth, territory, or possession of the United States. "'traveler' means a victim of a crime of violence who is not a resident of the State in which the crime of violence occurred.~ (b) TECHNICAL AMENDMENT.--The chapter analysis for chapter 33 of title 28, United States Code, is amended by adding at the end the followin~ new item: 375 ~540~ Inuestzgatzon of violent crirlZes agairlst trauelers.". SEC 3aosl7. EXTENSION OF STATUTE OF LIMITATIONS FOR ARSON. (a) IN GENE~2AL.--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 insti- tuted within 7 yearS after the date on which the offense was commit' ted.". (b) APPLICATION OF AMENDMENT.--The amendment made by subsection (a) shall not apply to any offense described in the amendment that waS committed more than 5 years prior to the date of enactment of this Act. SEC. 380918 SENSE OF CONGRESS CONCERNING CHILD CUSTODY AND VISITATION RIGHTS. It is the sense of the Congress that in determining child custody and visitation rights, the courts should take into consideration the history of drunk driving that any person involved in the determination may have. SEC 320919. EDWARD BYRNE MEMORL4L FORMULA GRANT PROGRAM. Nothing in this Act shall be construed to prohibit or exclude the expenditure of appropriations to grant recipients that would have been or are eligible to receive grants under subpart 1 of part E of the Omnibus Crime Control and Safe Streets Act of 1968. SEC. 320920. SENSE OF THE SENATE REGARDING LAW DAY U.S.A. It is the sense of the Senate that in celebration of "Law Day, U.S.A.", May 1, 1995, the grateful people of this Nation should give special emphasis to all law enforcement personnel of the United States, and the grateful people of this Nation should acknowledge the unflinching and devoted service law enforcement personnel perform as such personnel help preserve domestic tranquillity and guarantee the legal rights of all individuals of this Nation. SEC. 320921. FIRST TIME DOMESTIC VIOLENCE OFFENDER REHABILITATION PROGRAM. (a) SENTENCE OF PROBATION.--Section 3561 of title 18, United States Code, is amended-- (1) by redesignating subsection (b) as subsection (c); and (2) by inserting the following new subsection after sub sectzon (a): "(b) DOMESTIC VIOLENCE OFFENDERS.--A defendant who hasbeen convicted for the first time of a domestic violence crime shall be sentenced to a term of probation if not sentenced to a term of imprisonment. The term 'domestic violence crime' means a crime of violence for Which the defendant may be prosecuted in a court of the United States in Which the victim or intended victim is the spouse, former spoUse, intimate partner, former intimate partner, child, or former Child of the defendant, or any relative defiendant, child, or former Child of the defendant, or any other relative of the defendant.". (b) CONDITIONS OF PROBATION.--Section 3563(a) of title 18, United States Code, is amended by-- (1) striking "and" at the end of paragraph (2) (2) striking the period at the end of paragraph (3) and in serting ', and"; and 376 (3) by inserting the following new paragraph: "(4) for a domestic violence crime as defined in section3561(b) by a defendant convicted of Such an offense for the first time that the defiendant attend a pUblic, private, or private nonprofit ofifender rehabilitation program that has been approved by the court, in consultation with a State Coalition Against Domestic Violence or other appropriate expertS, if an approved program is readily available within a 50-mile radius of the legal residence of the defendant. ". (c) SUPERVISED RELEASE.--Section 3583 of title 18, United States Code, is amended-- (1) in subsection (a) by inserting "or if the defendant has been convicted for the first time of a domestic violence crime as defined in section 3561(b)" after "statute"; and (2) in subsection (d) by inserting the following after the first sentence: "The court shall order as an explicit condition of supervised release for a defiendar~t convicted for the first time of a domestic violence crime as defined in section 3561(b) that the defendant attend a public, private, or private nonprofit offender rehabilitation program that has been approved by the court, in consultation with a State Coalition Against Domestic Violence or other appropriate experts, if an approved program is readily available within a 50-mile radius of the legal residence of the defendant.". SEC. 320922. DISPLAY OF FLAGS AT HALFSTAFF. (a) PUBLIC LAW 87-726.--The first section of Public Law 87726 (36 U.S.C. 167) is amended-- (1) by striking "(2)" and inserting "(3)"; (2) by inserting after clause (1) the following new clause: "(2) directing the officials of the Government to display at halfstaff the flag of the United States on all Government buildings on such day, as provided by section 3(m) of the Act of June 22, 1942 (Chapter 435; 56 Stat. 377; 36 U.S.C. 175),"; (3) by striking "(3)" and inserting "(4)"; and (4) by inserting in paragraph (4) " including the display at half-staff of the flag of the United States" after "activities". (b) ACT OF JUNE 22, 1942.--Section 3(m) of the Act of June 22, 1942 (Chapter 435; 56 Stat. 377; 36 U.S.C. 175) is amended by inserting "The flag shall be flown at half-staff on Peace Ofificers Memorial Day, unless that day is also Armed Forces Day." after "a Member of Congress.". SEC. 320923. FINANCL4L INSTITUTION FRAUD. Section 528 of Public Law 101-509, approved November 5, 1990, is amended by striking "With the authority of the Resolution Trust Corporation or its SUCCeSSor" at the end of subsection (b)(2) and inserting "on December 31, 2004". SEC. 320924. DEFINITION OF "PARENT" FOR THE PURPOSES OF T~ OFFENSE OF KIDNAPPING. Section 1201 of title 18, United StateS Code, is amended by adding at the end the following new subsection: "(h) As used in this section, the term 'parent' does not include a person whose parental rights With respect to the victim of an of 377 fense under this section have been terminated by a final courtorder. . .~-EC. 320925. NATIONAL CENTER FOR CRlMlNAL JUSTICE RESEARCH AND EDUCATION. ~a) ESTABLISHMENT.--The Attorney General shall establish, at a qualified institution of post-secondary education, a National Center for Criminal Justice Research and Education (referred to as the "Center") as a meanS of developing, demonstrating, and implementing model criminal justice practices and policies. (b) PROGRAM AND ACTIVITIES.--The Center, under guidelines established by the Attorney General, shall-- (1) provide criminal justice, drug treatment, and correctional education related research and development, instruction, techn~cal assistance, and training, evaluation, and demonstration activities involving the 5 existing and approved Federal, State, and county correctional facilities in Jefferson County Texas, as a means of demonstrating effective model programs, polic~es, and practices suitable for replication throughout the Un~ted States; (2) carry out a program of research, development, demonstration, evaluation, education, training, and technical assistance involving applicable innovative technologies and approaches; and (3) provide appropriate pre-employment and continuing education programs and services to the personnel of the participating correctional facilities, and when appropriate, other agenczes. (c) ACCEPTANCE OF SUPPORT.--The Center shall be authorized . accept funding, in-kind services, and other forms of support from . rlvate and public agencies to carry out its purposes under this sec- ~on. , (d) GENERAL AUTHORITIES.--The Attorney General may issue uidel~nes, make grants, and enter into contracts and cooperative greements with States, units of local government, Indian tribal overnments, and other public and private entities or individuals as ppropriate to carry out this section. (e) REVOCATION OR SUSPENSION OF FUNDING.--The Attorney ,eneral may revoke or suspend funding in whole or in part, if the ec~pient of Federal assistance under this section is not in substan~1 compliance with the terms or requirements of any applicable rant, contract, or cooperative agreement. (f) DEFINITION.--In this section, "qualified institution of post- ~condary education" meanS a university system-related institution . nth experience and currently active in criminal justice related edu- ~ttonal actiV~t~eS, located in Jefferson County, Texas. (g) AUTHORIZATION OF APPROPRIATIONS.--There are authorized be appropriated to carry out this section-- $10,000,000 for fiscal year 1995; to remain available until expended. EC. 320926. ~ATE CIUME STATISTICS ACT Subsection (b)(l) of the first section of the Hate Crime Statistics ctl (28 U.S.C. 534 note) is amended by inserting "disability," after 378 SEC. 320927. EXEMPTION FROM BRADY BACKGROUND CHECK RE. QUIREUElVT OF RETURN OF HAlVDGUlV q~ OWlVER Section 922(s)(1) of title 18, United states Code, is amended in, the first sentence by inserting "(other than the return of a handgun to the person from whom it was received)" after "handgun". SBC. 320928. All~ENDMENT OF THE NATIONAL CHILD PROTECTION ACT OF 1993. (a) PROTECTION OF THE ELDERLY AND INDIVIDUALS WITH DISABILITIES.-- (1) BACKGROUND CHECKS.--Section 3(a)(1) of the National Child Protection Act of 1993 (42 U.S.C. 6119a) is amended by striking "an individual's fitness to have responsibility for the safety and well-being of children" and inserting "the providerJs fitness to have responsibility for the safety and well-being of children, the elderly, or individuals with disabilities". (2) GUIDELINES.--Section 3(b) of the National Child Protec tion Act of 1993 (42 U.S.C. 5119b(b)) is amended-- (A) in paragraph (V(E)-- (i) by striking "child" the first place it appears and inserting "person"; and (ii) by striking "child" the second place it appears; and (B) in paragraph (4) by striking "an individual's fit ness to have responsibility for the safety and well-being of children" and inserting "the provider's fitness to have responsibility for the safety and well-being of children, the elderly, or individuals with disabilities". (3) DEFINITION OF CARE.--Section 5 of the National Child Protection ACt of 1993 (42 U.S.C. 5119c(5)) is amended-- (A) by amending paragraph (5) to read as follows: "(5) the term 'care' means the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities,"; and (B) in paragraph (8) by striking "child care" each place it appears and inserting "care". (b) INFORMATION REQUIRED To BE REPORTED.--Section 2(a) o the National Child Protection ACt of 1993 (42 U.S.C. 5119(a)) is amended by adding at the end "A criminal justice agency may sat~isfy the requirement of this subsection by reporting or indexing all felony and serious misdemeanor arrests and dispositions.". (C) CLARIFICATION OF IMMUNITY PROVISION.--Section 3(d) of the~ National Child Protection Act of 1993 (42 U.S.C. 5119a(d)) is amended by inserting "(other than itselp" after "failure of a qualified entity". (d) DEFRAYMENT OF COSTS TO VOLUNTEERS OF CoNDucTING BACKGROUND CHECKS.- -Section 4(b) of the National Child Protection Act of 1993 (42 U.S.C. 5119b(b)) is amended-- (1) by striking "and" at the end of subparagraph (C); (2) by striking the period at the end of subparagraph (D) and inserting "; and"; and (3) by adding at the end the following new subparagraph: "(E) to assist the State in paying all or part of the cost to the State of conducting background checks on personS who ar~- employed by or volunteer With a public, not-for-profit, or vol- 379 untary qualified entity to reduce the amount of fees charged for such background checks.". (e) FEES.--Section 3(e) of the National Child Protection Act of 1 993 is amended by striking "the actual cost" and inserting "eightn dollars, respectively, or the actual cost, whichever is less,". (f) COSTS OF THE FBI.--Funds authorized to be appropriated to e Federal Bureau of Investigation under section l90001(c) of this ~t may be used to pay all or part of the cost to the Federal Bureau . Investigation of carrying out the National Child Protection Act of . 993, including the cost of conducting background checks on per. ns who are employed by or volunteer with a public, not-for-profit, voluntary qualified entity to reduce the amount of fees charged such background checks. (g) GUIDELINES.-- (1) IN GENERAL.--The Attorney General, in consultation with Federal, State, and local officials, including officials respons~ble for crim~nal history record systems, and representatives of public and private care organizations and health, legal and social welfare organizations, shall develop guidelines for the adoption of appropriate safeguards by care providers and by States for protecting children, the elderly, or individuals with disabilities from abuse. (2) MATTERS TO BE ADDRESSED.--In developing guidelines under paragraph (1), the Attorney General shall address the availability, cost, timeliness, and effectiveness of criminal history background checks and recommend measures to ensure that fees for background checks do not discourage volunteers from participating in care programs. (3) DISSEMINATION.--The Attorney General shall, subject to the availability of appropriations, disseminate the guidelines to State and local officials and to public and private care providers. (h) CHANGE OF REPORT DEADLINE.--Section 2(f)(2) of the Nanal Child Protection Act of 1993 (42 U.S.C. 5119(f)(2)) is amendby striking "1 year" and inserting "2 years". (i) CHANGE OF IMPLEMENTATION DEADLINE.--Section 2(b)(2)(A) the National Child Protection Act of 1993 (42 U.S.C. l9(b)(2)(A)) is amended by striking "3 years" and inserting "5 ~j) DEFINITION OF CHILD ABUSE CASES AND INDIVIDUALS WITH ;ABILITIES,-- Section 5 of the National Child Protection Act of 93 (42 U.S.C. 5119c) is amended-- (1) by redesignating paragraph (6), (7), (8), and (9) as paragraph (8), (9), (10), and (11), respectively; and (2) by inserting after paragraph (5) the following new paragraphs: "(6) the term 'identifiable child abuse crime case' means a case that can be identified by the authorized criminal justice agency of the State aS involving a Child abuse crime by reference to the statutory citation or descriptive label of the crime . as it appearS in the criminal history record; "(7) the term 'individuals with disabilities' means persons with a mental or physical impairment who require assistance to perform one or more daily living tasks;". 380 SEC. 3aos2s. TENNESSEE VALLEY AUTHORllY LAW ENFoRcEAIEN~ PERSONNEL. The Tennessee Valley Authority ACt of 1933 (16 U.S.C. 831 e~ seq.) is amended by inserting after section 4 the following new SBCtion: "SEC. 4A. LAW ENFORCEMENT.~a) DESIGNATION OF LAW E FORCEMENT AGENTS.-- The Board may designate employees of t, corporation to act as law enforcement agents in the area of jurisdi tion described in subsection (c). (b) DUTIES AND POWERS.-- "(I) DUTIES.--A law enforcement agent designated und,, subsection (a) shall maintain law and order and protect pe~sons and property in the area of jurisdiction described in subsection (c) and protect property and officials and employees of the corporation outside that area. "(2) POWERS.--In the performance of duties described iA~ paragraph (1), a law enforcement agent designated under s section (a) may-- "(A) make arrests without warrant for any offe~ against the United States committed in the agent's pr ence, or for any felony cognizable under the laws of j United States if the agent has probable caUse to belieue: that the person to be arrested has committed or is commi~~ting such a felony; "(B) execute any warrant or other process issued by Q court or officer of competent jurisdiction for the enforcemer~t of any Federal law or regulation issued pursuant to law ir~ connection with the investigation of an offense described in subparagraph (A); "(C) conduct an investigation of an offense descr~bed 7n subparagraph (A) in the absence of investigation of the offense by any Federal law enforcement agency having investigative jurisdiction over the offense or with the concurre of that agency; and "(D) carry firearms in carrying out any activity scribed in subparagraph (A), (B), or (C). (C) AREA OF JURISDICTION.--A law enforcement agent ignated under subsection (a) shall be authorized to exercise the enforcement duties and powers described in subsection (b)-- "(I) on any lands or facilities owned or leased by the poration or within such adjoining areas in the vicinities of lands or facilities as may be determined by the board u subsection (e); and "(2) on other lands or facilities-- "(A) when the person to be arrested is in the proce~ fleeing from such lands, facilities, or adjoining area avoid arrest; "(B) in conjunction with the protection of propert officials or employees of the corporation on or within la7, ;7;~ h~ !D A71~n~ r ~o~c~7A h~ th~? C o; facilities other than those owned or leased by the corporation; or "(C) in cooperation with other Federal, State, or lo law enforcement agencies. 381 "(d) FEDERAL INVESTIGATIVE JURISDICTION AND STAYE CIVIL AND CRIMINAL JURISDICTION NOT PREEMPTED.--Nothing in this section shall be construed to-- "(I) limit or restrict the investigative jurisdiction of any Federal law enforcement agency; or "(2) affect any right of a State or a political subdivision thereof to exercise civil and criminal jurisdiction on or within lands or facilities owned or leased by the corporation. "(e) DETERMINATION OF ADJOINING AREAS.-- N GENERAL.--The board shall determine and may from tlme-to-time modify the adjoining areas for each facility or particular area of land, or for individual categories of such facilities or lands, for the purposes of subsection (c)(l). "(2) NOTICE.--A notice and description of each adjoining area determination or modification of a determination made under paragraph (1) shall be published in the Federal Register. "(f) QUALIFICATIONS AND TRAINING.--The board, in consultation ~th the Attorney General, shall adopt qualification and training ~ndards for law enforcement agents designated under subsection ~c "(g) RELATION TO OTHER LAW.--A law enforcement agent des, ignated under subsection (a) shall not be considered to be a law enfiorcement officer of the United States for the purposes of any other law, and no law enforcement agent designated under subsection (a) or other employee of the corporation shall receive an increase in compensation solely on account of this section. (h) RELATIONSHIP WITH ATTORNEY GENERAL.--The duties and powers of law enforcement agents designated under subsection (a) that are described in subsection (b) shall be exercised in accordance with guzdelines approved by the Attorney General." SEC. 320930. CRIMINAL JUSTICE AND SUBSTANCE ABUSE TREATMENT (a) ESTABLISHMENT.--The Attorney General shall establish a imlnal Justlce and Substance Abuse Treatment and Prevention lining Center (referred to as the "Center") to develop and implent a program for training dislocated defense industry-related rkers for careers in law enforcement, substance abuse treatment counseling, and related criminal justice fields, and to carry out other activities as may be required, such as creating a model base on related innovative and cost-effective distance learning niques and technologies or facilitating placement of trainees graduates. (b) OPERATION.--The Center and its programs shall be operated a consortium of not fewer than 2 qualified institutions of postondary education. C) PROGRAM AND ACTIVITIES.--The Center, under guidelines es~llshed by the Attorney General, shall-- (1) provide criminal justice and substance abuse treatment training, related research and development, instruction, technical assistance, evaluation, and demonstration activities involving the dislocated defense workers; (2) establish a program of research, development, demonstrationJ evaluation, education, training, and technical as 382 sistance inuolving applicable innouatiue technologies and approaches; and (3) prouide such training and continuing education pr grams and services to dislocated defense industry workers. (d) ACCEPTANCE OF SUPPORT.--The Center shall be authori2 _ to accept funding, in-kind services, and other forms of support fro~7~ private and public agencies to carry out its purposes under this sec-, tion. (e) COORDINATION OF ACTIVITIES.--All actiuities of the Center shall be coordinated with other appropriate and related Federal, federally assisted, State, Indian tribal, local, and private nonprofit actiuities to auoid duplication of effort. (f) GENERAL AUTHORITIES.--The Attorney General may iSsue guidelines and make grants, enter into contractS and Cooperative agreements with States, units of local government, Indian tribal governments, and other public and private entitieS or individuals as appropriate to carry out this section. (g) REVOCATION OR SUSPENSION OF FUNDING.--The Attorney~ General may revoke or suspend funding in whole or in part if the recipient of Federal assistance under this section is not in substantial compliance with the terms or requirementS of any applicable grant, contract, or cooperatiue agreement. (h) DEFINITION.--In this section qualified institution of postsecondary education" means a university system-related institution or college with experience and currently actiue in criminal justice related educational actiuities, located in Jefferson County, Texas, or in the uicinity of Huntsuille, Texas. (i) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated to carry out this section-- ,~1,000,000 for fiscal year 1995. SEC. 320932. ASSISTANT UNITED STATES ATtORNEY RESIDENCY. Section 545(a) of title 28, United States Code, is amended-- (1) by striking "and assistant United States attorney"; and (2) by inserting the following after the first sentence: "Each assistant United States attorney shall reside in the district for which he or she is appointed or within 25 miles thereof.". SEC. 320933. LABELS ON PRODUCTS. To the extent any person introduces, delivers for introduction, sells, aduertises, or offers for sale in commerce a product With a "Made in the U.S.A." or "Made in America" label, or the equiualent thereof, in order to represent that such product was in whole or substantial part of domestic origin, such label shall be consistent With decisions and orders of the Federal Trade Commission issued pursuant to section 5 of the Federal Trade Commission ACt. ThiS section only applies to Such labels. Nothing in thiS section shall preclude the application of other prouisions of law relating to labeling. The Commission may periodically consider an appropriate percentage of imported components which may be included in the product and still be reasonably consistent With Such decisions and orders. Nothing in this section shall preclude Use of Such labels for products that contain imported components under the label when the label also discloses Such information in a clear and conspiCuous manner. The Commission shall administer this section pursuant to section 5 383 of the Federal Trade Commission Act and may from time to time ~issue rules pursuant to section 553 of Title 5, United States Code for such purpose. If a rule is issued, such violation shall be treated ~by the Commission as a violation of a rule under section 18 of the t~Federal Trade Commissions Act (15 U.S.C. 57a) regarding unfair or deceptiue actS or practiceS. ThiS section shall be effective upon publication in the Federal Register of a Notice of the provisions of this section- The Commission shall publish such notice within six months after the enactment of this section. -- This information is presented as a service to the Internet community by the NRA/ILA. Many files are available via anonymous ftp from ftp.nra.org and via WWW at http://www.nra.org Be sure to subscribe to rkba-alert by sending: subscribe rkba-alert Your Full Name as the body of a message to rkba-alert-request@NRA.org Information can also be obtained by connecting to the NRA-ILA GUN-TALK BBS at (703) 719-6406. ------------------------------ Cut here ------------------------------