*TITLE XXV-SENTENCING AND MAGISTRATES AMENDMENTS * *SEC. 2501. AUTHORIZATION OF PROBATION FOR PETTY OFFENSES IN CERTAIN * *CASES. * * Section 3561(a)(3) of title 18, United States Code, is amended by * *adding at the end: "However, this paragraph does not preclude the * *imposition of a sentence to a term of probation for a petty offense if * *the defendant has been sentenced to a term of imprisonment at the same * *time for another such offense.". * *SEC. 2502. TRIAL BY A MAGISTRATE IN PETTY OFFENSE CASES. * * Section 3401 of title 18, United States Code, is amended- * * (1) in subsection (b) by adding "other than a petty offense" after* * "misdemeanor"; and * * (2) in subsection (g) by amending the first sentence to read as * * follows: "The magistrate judge may, in a petty offense case * * involving a juvenile, exercise all powers granted to the district * * court under chapter 403 of this title.". * *TITLE XXVI-COMPUTER CRIME * *SEC. 2601. COMPUTER ABUSE AMENDMENTS ACT OF 1993. * * (a) SHORT TITLE.-This title may be cited as the "Computer Abuse * *Amendments Act of 1993". * * (b) PROHIBITION.-SECTION 1030(A)(5) OF TITLE 18, UNITED STATES CODE, * *IS AMENDED TO READ AS FOLLOWS: * * "(5)(A) THROUGH MEANS OF A COMPUTER USED IN INTERSTATE COMMERCE OR* * COMMUNICATIONS, KNOWINGLY CAUSES THE TRANSMISSION OF A PROGRAM, * * INFORMATION, CODE, OR COMMAND TO A COMPUTER OR COMPUTER SYSTEM IF- * * "(I) THE PERSON CAUSING THE TRANSMISSION INTENDS THAT SUCH * * TRANSMISSION WILL- * * "(I) DAMAGE, OR CAUSE DAMAGE TO, A COMPUTER, COMPUTER * * SYSTEM, NETWORK, INFORMATION, DATA, OR PROGRAM; OR * * "(II) WITHHOLD OR DENY, OR CAUSE THE WITHHOLDING OR * * DENIAL, OF THE USE OF A COMPUTER, COMPUTER SERVICES, SYSTEM * * OR NETWORK, INFORMATION, DATA OR PROGRAM; AND * * "(II) THE TRANSMISSION OF THE HARMFUL COMPONENT OF THE * * PROGRAM, INFORMATION, CODE, OR COMMAND- * * "(I) OCCURRED WITHOUT THE KNOWLEDGE AND AUTHORIZATION OF * * THE PERSONS OR ENTITIES WHO OWN OR ARE RESPONSIBLE FOR THE * * COMPUTER SYSTEM RECEIVING THE PROGRAM, INFORMATION, CODE, OR* * COMMAND; AND * * "(II)(AA) CAUSES LOSS OR DAMAGE TO ONE OR MORE OTHER * * PERSONS OF VALUE AGGREGATING $1,000 OR MORE DURING ANY * * 1-YEAR PERIOD; OR * * "(BB) MODIFIES OR IMPAIRS, OR POTENTIALLY MODIFIES OR * * IMPAIRS, THE MEDICAL EXAMINATION, MEDICAL DIAGNOSIS, MEDICAL* * TREATMENT, OR MEDICAL CARE OF ONE OR MORE INDIVIDUALS; OR * * "(B) THROUGH MEANS OF A COMPUTER USED IN INTERSTATE COMMERCE OR * * COMMUNICATION, KNOWINGLY CAUSES THE TRANSMISSION OF A PROGRAM, * * INFORMATION, CODE, OR COMMAND TO A COMPUTER OR COMPUTER SYSTEM- * * "(I) WITH RECKLESS DISREGARD OF A SUBSTANTIAL AND * * UNJUSTIFIABLE RISK THAT THE TRANSMISSION WILL- * * "(I) DAMAGE, OR CAUSE DAMAGE TO, A COMPUTER, COMPUTER * * SYSTEM, NETWORK, INFORMATION, DATA OR PROGRAM; OR * * "(II) WITHHOLD OR DENY OR CAUSE THE WITHHOLDING OR DENIAL * * OF THE USE OF A COMPUTER, COMPUTER SERVICES, SYSTEM, * * NETWORK, INFORMATION, DATA OR PROGRAM; AND * * "(II) IF THE TRANSMISSION OF THE HARMFUL COMPONENT OF THE * * PROGRAM, INFORMATION, CODE, OR COMMAND- * * "(I) OCCURRED WITHOUT THE KNOWLEDGE AND AUTHORIZATION OF * * THE PERSONS OR ENTITIES WHO OWN OR ARE RESPONSIBLE FOR THE * * COMPUTER SYSTEM RECEIVING THE PROGRAM, INFORMATION, CODE, OR* * COMMAND; AND * * "(II)(AA) CAUSES LOSS OR DAMAGE TO ONE OR MORE OTHER * * PERSONS OF A VALUE AGGREGATING $1,000 OR MORE DURING ANY * * 1-YEAR PERIOD; OR * * "(BB) MODIFIES OR IMPAIRS, OR POTENTIALLY MODIFIES OR * * IMPAIRS, THE MEDICAL EXAMINATION, MEDICAL DIAGNOSIS, MEDICAL* * TREATMENT, OR MEDICAL CARE OF ONE OR MORE INDIVIDUALS;". * * (C) PENALTY.-SECTION 1030(C) OF TITLE 18, UNITED STATES CODE IS * *AMENDED- * * (1) IN PARAGRAPH (2)(B) BY STRIKING "AND" AFTER THE SEMICOLON; * * (2) IN PARAGRAPH (3)(A) BY INSERTING "(A)" AFTER "(A)(5)"; AND * * (3) IN PARAGRAPH (3)(B) BY STRIKING THE PERIOD AT THE END THEREOF * * AND INSERTING "; AND"; AND * * (4) BY ADDING AT THE END THEREOF THE FOLLOWING: * * "(4) A FINE UNDER THIS TITLE OR IMPRISONMENT FOR NOT MORE THAN 1 * * YEAR, OR BOTH, IN THE CASE OF AN OFFENSE UNDER SUBSECTION * * (A)(5)(B).". * * (D) CIVIL ACTION.-SECTION 1030 OF TITLE 18, UNITED STATES CODE, IS * *AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW SUBSECTION: * * "(G) ANY PERSON WHO SUFFERS DAMAGE OR LOSS BY REASON OF A VIOLATION OF* *THE SECTION, OTHER THAN A VIOLATION OF SUBSECTION (A)(5)(B), MAY * *MAINTAIN A CIVIL ACTION AGAINST THE VIOLATOR TO OBTAIN COMPENSATORY * *DAMAGES AND INJUNCTIVE RELIEF OR OTHER EQUITABLE RELIEF. DAMAGES FOR * *VIOLATIONS OF ANY SUBSECTION OTHER THAN SUBSECTION (A)(5)(A)(II)(II)(BB)* *OR (A)(5)(B)(II)(II)(BB) ARE LIMITED TO ECONOMIC DAMAGES. NO ACTION MAY * *BE BROUGHT UNDER THIS SUBSECTION UNLESS SUCH ACTION IS BEGUN WITHIN 2 * *YEARS OF THE DATE OF THE ACT COMPLAINED OF OR THE DATE OF THE DISCOVERY * *OF THE DAMAGE.". * * (E) REPORTING REQUIREMENTS.-SECTION 1030 OF TITLE 18 UNITED STATES * *CODE, IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW * *SUBSECTION: * * "(H) THE ATTORNEY GENERAL AND THE SECRETARY OF THE TREASURY SHALL * *REPORT TO THE CONGRESS ANNUALLY, DURING THE FIRST 3 YEARS FOLLOWING THE * *DATE OF THE ENACTMENT OF THIS SUBSECTION, CONCERNING INVESTIGATIONS AND * *PROSECUTIONS UNDER SECTION 1030(A)(5) OF TITLE 18, UNITED STATES CODE.".* * (F) PROHIBITION.-SECTION 1030(A)(3) OF TITLE 18 UNITED STATES CODE, IS* *AMENDED BY INSERTING "ADVERSELY" BEFORE "AFFECTS THE USE OF THE * *GOVERNMENT'S OPERATION OF SUCH COMPUTER". * *TITLE XXVII-INTERNATIONAL PARENTAL KIDNAPPING * *SEC. 2701. SHORT TITLE. * * This subtitle may be cited as the "International Parental Kidnapping * *Crime Act of 1993". * *SEC. 2702. TITLE 18 AMENDMENT. * * (a) IN GENERAL.-Chapter 55 (relating to kidnapping) of title 18, * *United States Code, is amended by adding at the end the following new * *section: * *"1204. International parental kidnapping * * "(a) DEFINITIONS.-IN THIS SECTION- * * "'CHILD' MEANS A PERSON WHO HAS NOT ATTAINED THE AGE OF 16 YEARS. * * "'PARENTAL RIGHTS', WITH RESPECT TO A CHILD, MEANS THE RIGHT TO * * PHYSICAL CUSTODY OF THE CHILD- * * "(A) WHETHER JOINT OR SOLE (AND INCLUDES VISITING RIGHTS); AND* * "(B) WHETHER ARISING BY OPERATION OF LAW, COURT ORDER, OR * * LEGALLY BINDING AGREEMENT OF THE PARTIES. * * "(B) OFFENSE.-A PERSON WHO REMOVES A CHILD FROM THE UNITED STATES OR * *RETAINS A CHILD (WHO HAS BEEN IN THE UNITED STATES) OUTSIDE THE UNITED * *STATES WITH INTENT TO OBSTRUCT THE LAWFUL EXERCISE OF PARENTAL RIGHTS * *SHALL BE FINED UNDER THIS TITLE, IMPRISONED NOT MORE THAN 3 YEARS, OR * *BOTH. * * "(C) AFFIRMATIVE DEFENSES.-IT SHALL BE AN AFFIRMATIVE DEFENSE UNDER * *THIS SECTION THAT- * * "(1) THE DEFENDANT ACTED WITHIN THE PROVISIONS OF A VALID COURT * * ORDER GRANTING THE DEFENDANT LEGAL CUSTODY OR VISITATION RIGHTS, AND* * THAT ORDER WAS OBTAINED PURSUANT TO THE UNIFORM CHILD CUSTODY * * JURISDICTION ACT AND WAS IN EFFECT AT THE TIME OF THE OFFENSE; * * "(2) THE DEFENDANT WAS FLEEING AN INCIDENCE OR PATTERN OF DOMESTIC* * VIOLENCE; OR * * "(3) THE DEFENDANT HAD PHYSICAL CUSTODY OF THE CHILD PURSUANT TO A* * COURT ORDER GRANTING LEGAL CUSTODY OR VISITATION RIGHTS AND FAILED * * TO RETURN THE CHILD AS A RESULT OF CIRCUMSTANCES BEYOND THE * * DEFENDANT'S CONTROL, AND THE DEFENDANT NOTIFIED OR MADE REASONABLE * * ATTEMPTS TO NOTIFY THE OTHER PARENT OR LAWFUL CUSTODIAN OF THE CHILD* * OF SUCH CIRCUMSTANCES WITHIN 24 HOURS AFTER THE VISITATION PERIOD * * HAD EXPIRED AND RETURNED THE CHILD AS SOON AS POSSIBLE. * * "(D) RULE OF CONSTRUCTION.-THIS SECTION DOES NOT DETRACT FROM THE * *HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL PARENTAL CHILD * *ABDUCTION, DONE AT THE HAGUE ON OCTOBER 25, 1980.". * * (B) SENSE OF THE CONGRESS.-IT IS THE SENSE OF THE CONGRESS THAT, * *INASMUCH AS USE OF THE PROCEDURES UNDER THE HAGUE CONVENTION ON THE * *CIVIL ASPECTS OF INTERNATIONAL PARENTAL CHILD ABDUCTION HAS RESULTED IN * *THE RETURN OF MANY CHILDREN, THOSE PROCEDURES, IN CIRCUMSTANCES IN WHICH* *THEY ARE APPLICABLE, SHOULD BE THE OPTION OF FIRST CHOICE FOR A PARENT * *WHO SEEKS THE RETURN OF A CHILD WHO HAS BEEN REMOVED FROM THE PARENT. * * (C) TECHNICAL AMENDMENT.-The chapter analysis for chapter 55 of title * *18, United States Code, is amended by adding at the end the following * *new item: * *"1204. International parental kidnapping.". * *SEC. 2703. STATE COURT PROGRAMS REGARDING INTERSTATE AND INTERNATIONAL * *PARENTAL CHILD ABDUCTION. * * There is authorized to be appropriated $250,000 to carry out under the* *State Justice Institute Act of 1984 (42 U.S.C. 10701 et seq.) national, * *regional, and in-State training and educational programs dealing with * *criminal and civil aspects of interstate and international parental * *child abduction. * *TITLE XXVIII-SAFE SCHOOLS * *SEC. 2801. SHORT TITLE. * * This title may be cited as the "Safe Schools Act of 1993". * *SEC. 2802. SAFE SCHOOLS. * * (a) IN GENERAL.-Title I of the Omnibus Crime Control and Safe Streets * *Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 1204(a), is * *amended- * * (1) by redesignating part W as part X; * * (2) by redesignating section 2301 as section 2401; and * * (3) by inserting after part V the following new part: * *"PART W-SAFE SCHOOLS ASSISTANCE * *"SEC. 2301. GRANT AUTHORIZATION. * * "(a) IN GENERAL.-The Director of the Bureau of Justice Assistance, in * *consultation with the Secretary of Education, may make grants to local * *educational agencies for the purpose of providing assistance to such * *agencies most directly affected by crime and violence. * * "(b) MODEL PROJECT.-The Director, in consultation with the Secretary * *of Education, shall develop a written safe schools model in English and * *in other appropriate languages in a timely fashion and make such model * *available to any local educational agency that requests such * *information. * *"SEC. 2302. USE OF FUNDS. * * "Grants made by the Director under this part shall be used- * * "(1) to fund anticrime and safety measures and to develop * * education and training programs for the prevention of crime, * * violence, and use of illegal drugs and alcohol; * * "(2) for counseling programs for victims of crime within schools; * * "(3) for crime prevention equipment, including metal detectors and* * video-surveillance devices; * * "(4) for the prevention and reduction of the participation of * * young individuals in organized crime and drug and gang-related * * activities in schools;and * * "(5) to fund education programs to teach young individuals about * * the United States criminal justice system, including education about* * the applicable penalties for the use and sale of illegal drugs and * * the commission of violent or drug-related offenses. * *"SEC. 2303. APPLICATIONS. * * "(a) IN GENERAL.-In order to be eligible to receive a grant under this* *part for any fiscal year, a local educational agency shall submit an * *application to the Director in such form and containing such information* *as the Director may reasonably require. * * "(b) REQUIREMENTS.-Each application under subsection (a) shall * *include- * * "(1) a request for funds for the purposes described in section * * 2302; * * "(2) a description of the schools and communities to be served by * * the grant, including the nature of the crime and violence problems * * within such schools; * * "(3) assurances that Federal funds received under this part shall * * be used to supplement, not supplant, non-Federal funds that would * * otherwise be available for activities funded under this part; and * * "(4) statistical information in such form and containing such * * information that the Director may require regarding crime within * * schools served by such local educational agency. * * "(c) COMPREHENSIVE PLAN.-Each application shall include a * *comprehensive plan that shall contain- * * "(1) a description of the crime problems within the schools * * targeted for assistance; * * "(2) a description of the projects to be developed; * * "(3) a description of the resources available in the community to * * implement the plan together with a description of the gaps in the * * plan that cannot be met with existing resources; * * "(4) an explanation of how the requested grant will be used to * * fill gaps; * * "(5) a description of the system the applicant will establish to * * prevent and reduce crime problems; and * * "(6) a description of educational materials to be developed in * * English and in other appropriate languages. * *"SEC. 2304. ALLOCATION OF FUNDS; LIMITATIONS ON GRANTS. * * "(a) ADMINISTRATIVE COST LIMITATION.-The Director shall use not more * *than 5 percent of the funds available under this part for the purposes * *of administration and technical assistance. * * "(b) RENEWAL OF GRANTS.-A grant under this part may be renewed for up * *to 2 additional years after the first fiscal year during which the * *recipient receives its initial grant under this part, subject to the * *availability of funds, if- * * "(1) the Director determines that the funds made available to the * * recipient during the previous year were used in a manner required * * under the approved application; and * * "(2) the Director determines that an additional grant is necessary* * to implement the crime prevention program described in the * * comprehensive plan as required by section 2303(c). * *"SEC. 2305. AWARD OF GRANTS. * * "(a) SELECTION OF RECIPIENTS.-The Director, in consultation with the * *Secretary of Education, shall consider the following factors in awarding* *grants to local educational agencies: * * "(1) CRIME PROBLEM.-The nature and scope of the crime problem in * * the targeted schools. * * "(2) NEED AND ABILITY.-Demonstrated need and evidence of the * * ability to provide the services described in the plan required under* * section 2303(c). * * "(b) GEOGRAPHIC DISTRIBUTION.-The Director shall attempt, to the * *extent practicable, to achieve an equitable geographic distribution of * *grant awards. * *"SEC. 2306. REPORTS. * * "(a) REPORT TO DIRECTOR.-Local educational agencies that receive funds* *under this part shall submit to the Director a report not later than * *March 1 of each year that describes progress achieved in carrying out * *the plan required under section 2303(c). * * "(b) REPORT TO CONGRESS.-The Director shall submit to the Committee on* *Education and Labor and the Committee on the Judiciary a report by * *October 1 of each year in which grants are made available under this * *part which shall contain a detailed statement regarding grant awards, * *activities of grant recipients, a compilation of statistical information* *submitted by applicants under 2303(b)(4), and an evaluation of programs * *established under this part. * *"SEC. 2307. DEFINITIONS. * * "For the purposes of this part: * * "(1) The term 'Director' means the Director of the Bureau of * * Justice Assistance. * * "(2) The term 'local educational agency' means a public board of * * education or other public authority legally constituted within a * * State for either administrative control or direction of, or to * * perform a service function for, public elementary and secondary * * schools in a city, county, township, school district, or other * * political subdivision of a State, or such combination of school * * districts of counties as are recognized in a State as an * * administrative agency for its public elementary and secondary * * schools. Such term includes any other public institution or agency * * having administrative control and direction of a public elementary * * or secondary school.". * * (b) TECHNICAL AMENDMENT.-The table of contents of title I of the * *Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et * *seq.), as amended by section 1204(b), is amended by striking the matter * *relating to part W and inserting the following: * *"PART W-SAFE SCHOOLS ASSISTANCE * *"Sec. 2301. Grant authorization. * *"Sec. 2302. Use of funds. * *"Sec. 2303. Applications. * *"Sec. 2304. Allocation of funds; limitations on grants. * *"Sec. 2305. Award of grants. * *"Sec. 2306. Reports. * *"Sec. 2307. Definitions. * *"PART X-TRANSITION; EFFECTIVE DATE; REPEALER * *"Sec. 2401. Continuation of rules, authorities, and proceedings.". * * (c) AUTHORIZATION OF APPROPRIATIONS.-SECTION 1001(A) OF THE OMNIBUS * *CRIME CONTROL AND SAFE STREETS ACT OF 1968 (42 U.S.C. 3793), AS AMENDED * *BY SECTION 1204(D), IS AMENDED- * * (1) IN PARAGRAPH (3) BY STRIKING "AND V" AND INSERTING "V, AND W";* * AND * * (2) BY ADDING AT THE END THE FOLLOWING NEW PARAGRAPH: * * "(17) THERE ARE AUTHORIZED TO BE APPROPRIATED TO CARRY OUT PROJECTS * *UNDER PART W $100,000,000 FOR EACH OF FISCAL YEARS 1994, 1995, AND * *1996.". * *SEC. 2803. STATE LEADERSHIP ACTIVITIES TO PROMOTE SAFE SCHOOLS PROGRAM. * * (a) SHORT TITLE; DEFINITIONS.- * * (1) SHORT TITLE.-THIS SECTION MAY BE CITED AS THE "STATE * * LEADERSHIP ACTIVITIES TO PROMOTE SAFE SCHOOLS ACT". * * (2) DEFINITIONS.-FOR THE PURPOSE OF THIS SECTION- * * (A) THE TERM "LOCAL EDUCATIONAL AGENCY" HAS THE SAME MEANING * * GIVEN SUCH TERM IN SECTION 1471(12) OF THE ELEMENTARY AND * * SECONDARY EDUCATION ACT OF 1965 (20 U.S.C. 2891(12)); * * (B) THE TERM "SECRETARY" MEANS THE SECRETARY OF EDUCATION; * * (C) THE TERM "STATE EDUCATIONAL AGENCY" HAS THE SAME MEANING * * GIVEN SUCH TERM IN SECTION 1471(23) OF THE ELEMENTARY AND * * SECONDARY EDUCATION ACT OF 1965 (20 U.S.C. 2891(23)); AND * * (D) THE TERM "STATE" MEANS EACH OF THE 50 STATES, THE DISTRICT* * OF COLUMBIA AND THE COMMONWEALTH OF PUERTO RICO. * * (B) AUTHORITY.-THE SECRETARY IS AUTHORIZED TO AWARD GRANTS TO STATE * *EDUCATIONAL AGENCIES FROM ALLOCATIONS UNDER SUBSECTION (C) TO ENABLE * *SUCH AGENCIES TO CARRY OUT THE AUTHORIZED ACTIVITIES DESCRIBED IN * *SUBSECTION (E). * * (C) ALLOCATION.-EACH STATE EDUCATIONAL AGENCY HAVING ON APPLICATION * *APPROVED UNDER SUBSECTION (D) SHALL BE ELIGIBLE TO RECEIVE A GRANT UNDER* *THIS SECTION FOR EACH FISCAL YEAR THAT BEARS THE SAME RATIO TO THE * *AMOUNT APPROPRIATED PURSUANT TO THE AUTHORITY OF SUBSECTION (F) FOR SUCH* *YEAR AS THE AMOUNT SUCH STATE EDUCATIONAL AGENCY RECEIVES PURSUANT TO * *SECTION 1006 OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 FOR * *SUCH YEAR BEARS TO THE TOTAL AMOUNT ALLOCATED TO ALL SUCH AGENCIES IN * *ALL STATES HAVING APPLICATIONS APPROVED UNDER SUBSECTION (D) FOR SUCH * *YEAR, EXCEPT THAT NO STATE EDUCATIONAL AGENCY HAVING AN APPLICATION * *APPROVED UNDER SUBSECTION (D) IN ANY FISCAL YEAR SHALL RECEIVE LESS THAN* *$100,000 FOR SUCH YEAR. * * (D) APPLICATION.-EACH STATE EDUCATIONAL AGENCY DESIRING A GRANT UNDER* *THIS SECTION SHALL SUBMIT AN APPLICATION TO THE SECRETARY AT SUCH TIME, * *IN SUCH MANNER AND CONTAINING SUCH INFORMATION AS THE SECRETARY MAY * *REASONABLY REQUIRE. EACH SUCH APPLICATION SHALL- * * (1) DESCRIBE THE ACTIVITIES AND SERVICES FOR WHICH ASSISTANCE IS * * SOUGHT; * * (2) CONTAIN A STATEMENT OF THE STATE EDUCATIONAL AGENCY'S GOALS * * AND OBJECTIVES FOR VIOLENCE PREVENTION AND A DESCRIPTION OF THE * * PROCEDURES TO BE USED FOR ASSESSING AND PUBLICLY REPORTING PROGRESS * * TOWARD MEETING THOSE GOALS AND OBJECTIVES; AND * * (3) CONTAIN A DESCRIPTION OF HOW THE STATE EDUCATIONAL AGENCY WILL* * COORDINATE SUCH AGENCY'S ACTIVITIES UNDER THIS SECTION WITH THE * * VIOLENCE PREVENTION EFFORTS OF OTHER STATE AGENCIES. * * (E) USE OF FUNDS.-GRANT FUNDS AWARDED UNDER THIS SECTION SHALL BE * *USED- * * (1) TO SUPPORT A STATEWIDE RESOURCE COORDINATOR; * * (2) TO PROVIDE TECHNICAL ASSISTANCE TO BOTH RURAL AND URBAN LOCAL * * SCHOOL DISTRICTS; * * (3) TO DISSEMINATE TO LOCAL EDUCATIONAL AGENCIES AND SCHOOLS * * INFORMATION ON SUCCESSFUL SCHOOL VIOLENCE PREVENTION PROGRAMS FUNDED* * THROUGH FEDERAL, STATE, LOCAL AND PRIVATE SOURCES; * * (4) TO MAKE AVAILABLE TO LOCAL EDUCATIONAL AGENCIES TEACHER * * TRAINING AND PARENT AND STUDENT AWARENESS PROGRAMS, WHICH TRAINING * * AND PROGRAMS MAY BE PROVIDED THROUGH VIDEO OR OTHER * * TELECOMMUNICATIONS APPROACHES; AND * * (5) FOR OTHER ACTIVITIES THE STATE EDUCATIONAL AGENCY MAY DEEM * * APPROPRIATE. * * (F) AUTHORIZATION OF APPROPRIATIONS.-THERE ARE AUTHORIZED TO BE * *APPROPRIATED $10,000,000 FOR EACH OF THE FISCAL YEARS 1995 AND 1996 TO * *CARRY OUT THIS SECTION. * *TITLE XXIX-MISCELLANEOUS * *Subtitle A-Increases in Penalties * *SEC. 2901. INCREASED PENALTIES FOR ASSAULT. * * (a) CERTAIN OFFICERS AND EMPLOYEES.-SECTION 111 OF TITLE 18, UNITED * *STATES CODE, IS AMENDED- * * (1) IN SUBSECTION (A) BY INSERTING ", WHERE THE ACTS IN VIOLATION * * OF THIS SECTION CONSTITUTE ONLY SIMPLE ASSAULT, BE FINED UNDER THIS * * TITLE OR IMPRISONED NOT MORE THAN ONE YEAR, OR BOTH, AND IN ALL * * OTHER CASES," AFTER "SHALL"; * * (2) IN SUBSECTION (B) BY INSERTING "OR INFLICTS BODILY INJURY" * * AFTER "WEAPON". * * (B) FOREIGN OFFICIALS, OFFICIAL GUESTS, AND INTERNATIONALLY PROTECTED * *PERSONS.-SECTION 112(A) OF TITLE 18, UNITED STATES CODE, IS AMENDED- * * (1) BY STRIKING "NOT MORE THAN $5,000" AND INSERTING "UNDER THIS * * TITLE"; * * (2) BY INSERTING ", OR INFLICTS BODILY INJURY," AFTER "WEAPON"; * * AND * * (3) BY STRIKING "NOT MORE THAN $10,000" AND INSERTING "UNDER THIS * * TITLE". * * (C) MARITIME AND TERRITORIAL JURISDICTION.-SECTION 113 OF TITLE 18, * *UNITED STATES CODE, IS AMENDED- * * (1) IN SUBSECTION (C)- * * (A) BY STRIKING "OF NOT MORE THAN $1,000" AND INSERTING "UNDER* * THIS TITLE"; AND * * (B) BY STRIKING "FIVE" AND INSERTING "TEN"; AND * * (2) IN SUBSECTION (E)- * * (A) BY STRIKING "OF NOT MORE THAN $300" AND INSERTING "UNDER * * THIS TITLE"; AND * * (B) BY STRIKING "THREE" AND INSERTING "SIX". * * (D) CONGRESS, CABINET, OR SUPREME COURT.-SECTION 351(E) OF TITLE 18, * *UNITED STATES CODE, IS AMENDED- * * (1) BY STRIKING "NOT MORE THAN $5,000," AND INSERTING "UNDER THIS * * TITLE,"; * * (2) BY INSERTING "THE ASSAULT INVOLVED IN THE USE OF A DANGEROUS * * WEAPON, OR" AFTER "IF"; * * (3) BY STRIKING "NOT MORE THAN $10,000" AND INSERTING "UNDER THIS * * TITLE"; AND * * (4) BY STRIKING "FOR". * * (E) PRESIDENT AND PRESIDENT'S STAFF.-SECTION 1751(E) OF TITLE 18, * *UNITED STATES CODE, IS AMENDED- * * (1) BY STRIKING "NOT MORE THAN $10,000," BOTH PLACES IT APPEARS * * AND INSERTING "UNDER THIS TITLE,"; * * (2) BY STRIKING "NOT MORE THAN $5,000," AND INSERTING "UNDER THIS * * TITLE,"; AND * * (3) BY INSERTING "THE ASSAULT INVOLVED THE USE OF A DANGEROUS * * WEAPON, OR" AFTER "IF". * *SEC. 2902. INCREASED PENALTIES FOR MANSLAUGHTER. * * Section 1112 of title 18, United States Code, is amended- * * (1) in subsection (b)- * * (A) by inserting "fined under this title or" after "shall be" * * in the first undesignated paragraph; and * * (B) by inserting ", or both" after "years"; * * (2) by striking "not more than $1,000" and inserting "under this * * title"; and * * (3) by striking "three" and inserting "six". * *SEC. 2903. INCREASED PENALTIES FOR CIVIL RIGHTS VIOLATIONS. * * (a) CONSPIRACY AGAINST RIGHTS.-SECTION 241 OF TITLE 18, UNITED STATES * *CODE, IS AMENDED- * * (1) BY STRIKING "NOT MORE THAN $10,000" AND INSERTING "UNDER THIS * * TITLE"; * * (2) BY INSERTING "FROM THE ACTS COMMITTED IN VIOLATION OF THIS * * SECTION OR IF SUCH ACTS INCLUDE KIDNAPPING OR AN ATTEMPT TO KIDNAP, * * AGGRAVATED SEXUAL ABUSE OR AN ATTEMPT TO COMMIT AGGRAVATED SEXUAL * * ABUSE, OR AN ATTEMPT TO KILL" AFTER "RESULTS"; * * (3) BY STRIKING "SUBJECT TO IMPRISONMENT" AND INSERTING "FINED * * UNDER THIS TITLE OR IMPRISONED"; AND * * (4) BY INSERTING ", OR BOTH" AFTER "LIFE". * * (B) DEPRIVATION OF RIGHTS.-SECTION 242 OF TITLE 18, UNITED STATES * *CODE, IS AMENDED- * * (1) BY STRIKING "MORE MORE THAN $1,000" AND INSERTING "UNDER THIS * * TITLE"; * * (2) BY INSERTING "FROM THE ACTS COMMITTED IN VIOLATION OF THIS * * SECTION OR IF SUCH ACTS INCLUDE THE USE, ATTEMPTED USE, OR * * THREATENED USE OF A DANGEROUS WEAPON, EXPLOSIVES, OR FIRE," AFTER * * "BODILY INJURY RESULTS"; * * (3) BY INSERTING "FROM THE ACTS COMMITTED IN VIOLATION OF THIS * * SECTION OR IF SUCH ACTS INCLUDE KIDNAPPING OR AN ATTEMPT TO KIDNAP, * * AGGRAVATED SEXUAL ABUSE, OR AN ATTEMPT TO COMMIT AGGRAVATED SEXUAL * * ABUSE, OR AN ATTEMPT TO KILL, SHALL BE FINED UNDER THIS TITLE, OR" * * AFTER "DEATH RESULTS"; * * (4) BY STRIKING "SHALL BE SUBJECT TO IMPRISONMENT" AND INSERTING * * "IMPRISONED"; AND * * (5) BY INSERTING ", OR BOTH" AFTER "LIFE". * * (C) FEDERALLY PROTECTED ACTIVITIES.-SECTION 245(B) OF TITLE 18, UNITED* *STATES CODE, IS AMENDED IN THE MATTER FOLLOWING PARAGRAPH (5)- * * (1) BY STRIKING "NOT MORE THAN $1,000" AND INSERTING "UNDER THIS * * TITLE"; * * (2) BY INSERTING "FROM THE ACTS COMMITTED IN VIOLATION OF THIS * * SECTION OR IF SUCH ACTS INCLUDE THE USE, ATTEMPTED USE, OR * * THREATENED USE OF A DANGEROUS WEAPON, EXPLOSIVES, OR FIRE" AFTER * * "BODILY INJURY RESULTS; * * (3) BY STRIKING "NOT MORE THAN $10,000" AND INSERTING "UNDER THIS * * TITLE"; * * (4) BY INSERTING "FROM THE ACTS COMMITTED IN VIOLATION OF THIS * * SECTION OR IF SUCH ACTS INCLUDE KIDNAPPING OR AN ATTEMPT TO KIDNAP, * * AGGRAVATED SEXUAL ABUSE OR AN ATTEMPT TO COMMIT AGGRAVATED SEXUAL * * ABUSE, OR AN ATTEMPT TO KILL," AFTER "DEATH RESULTS"; * * (5) BY STRIKING "SUBJECT TO IMPRISONMENT" AND INSERTING "FINED * * UNDER THIS TITLE OR IMPRISONED"; AND * * (6) BY INSERTING ", OR BOTH" AFTER "LIFE". * * (D) DAMAGE TO RELIGIOUS PROPERTY.-SECTION 247 OF TITLE 18, UNITED * *STATES CODE, IS AMENDED- * * (1) IN SUBSECTION (C)(1) BY INSERTING "FROM ACTS COMMITTED IN * * VIOLATION OF THIS SECTION OR IF SUCH ACTS INCLUDE KIDNAPPING OR AN * * ATTEMPT TO KIDNAP, AGGRAVATED SEXUAL ABUSE OR AN ATTEMPT TO COMMIT * * AGGRAVATED SEXUAL ABUSE, OR AN ATTEMPT TO KILL" AFTER "DEATH * * RESULTS"; * * (2) IN SUBSECTION (C)(2)- * * (A) BY STRIKING "SERIOUS"; AND * * (B) BY INSERTING "FROM THE ACTS COMMITTED IN VIOLATION OF THIS* * SECTION OR IF SUCH ACTS INCLUDE THE USE, ATTEMPTED USE, OR * * THREATENED USE OF A DANGEROUS WEAPON, EXPLOSIVES, OR FIRE" AFTER* * "BODILY INJURY RESULTS"; AND * * (3) BY AMENDING SUBSECTION (E) TO READ AS FOLLOWS: * * "(E) AS USED IN THIS SECTION, THE TERM 'RELIGIOUS PROPERTY' MEANS ANY * *CHURCH, SYNAGOGUE, MOSQUE, RELIGIOUS CEMETERY, OR OTHER RELIGIOUS * *PROPERTY.". (E) FAIR HOUSING ACT.-SECTION 901 OF THE FAIR HOUSING ACT * *(42 U.S.C. 3631) IS AMENDED- * * (1) IN THE CAPTION BY STRIKING "BODILY INJURY; DEATH;"; * * (2) BY STRIKING "NOT MORE THAN $1,000," AND INSERTING "UNDER THIS * * TITLE"; * * (3) BY INSERTING "FROM THE ACTS COMMITTED IN VIOLATION OF THIS * * SECTION OR IF SUCH ACTS INCLUDE THE USE, ATTEMPTED USE, OR * * THREATENED USE OF A DANGEROUS WEAPON, EXPLOSIVES, OR FIRE" AFTER * * "BODILY INJURY RESULTS"; * * (4) BY STRIKING "NOT MORE THAN $10,000," AND INSERTING "UNDER THIS* * TITLE"; * * (5) BY INSERTING "FROM THE ACTS COMMITTED IN VIOLATION OF THIS * * SECTION OR IF SUCH ACTS INCLUDE KIDNAPPING OR AN ATTEMPT TO KIDNAP, * * AGGRAVATED SEXUAL ABUSE OR AN ATTEMPT TO COMMIT AGGRAVATED SEXUAL * * ABUSE, OR AN ATTEMPT TO KILL," AFTER "DEATH RESULTS"; * * (6) BY STRIKING "SUBJECT TO IMPRISONMENT" AND INSERTING "FINED * * UNDER THIS TITLE OR IMPRISONED"; AND * * (7) BY INSERTING ", OR BOTH" AFTER "LIFE". * *SEC. 2904. PENALTIES FOR TRAFFICKING IN COUNTERFEIT GOODS AND SERVICES. * * (a) IN GENERAL.-Section 2320(a) of title 18, United States Code, is * *amended- * * (1) in the first sentence- * * (A) by striking "Whoever" and inserting "A person who"; and * * (B) by striking "if an individual, be fined not more than * * $250,000 or imprisoned not more than 5 years, or both, and, if a* * person other than an individual, be fined not more than * * $1,000,000" and inserting "be imprisoned not more than 10 * * years, fined under this title, or both"; and * * (2) in the second sentence by striking "if an individual, shall be* * fined not more than $1,000,000 or imprisoned not more than fifteen * * years, or both, and, if other than an individual, shall be fined not* * more than $5,000,000" and inserting "shall be imprisoned not more * * than 20 years, fined under this title, or both". * * (b) LAUNDERING MONETARY INSTRUMENTS.-SECTION 1956(C)(7)(D) OF TITLE * *18, UNITED STATES CODE, IS AMENDED BY STRIKING "OR SECTION 2319 * *(RELATING TO COPYRIGHT INFRINGEMENT)," AND INSERTING "SECTION 2319 * *(RELATING TO COPYRIGHT INFRINGEMENT), OR SECTION 2320 (RELATING TO * *TRAFFICKING IN COUNTERFEIT GOODS AND SERVICES),". * *SEC. 2905. INCREASED PENALTY FOR CONSPIRACY TO COMMIT MURDER FOR HIRE. * * Section 1958(a) of title 18, United States Code, is amended by * *inserting "or who conspires to do so" before "shall be fined" the first * *place it appears. * *SEC. 2906. INCREASED PENALTIES FOR TRAVEL ACT VIOLATIONS. * * Section 1952(a) of title 18, United States Code, is amended by * *striking "and thereafter performs or attempts to perform any of the acts* *specified in subparagraphs (1), (2), and (3), shall be fined not more * *than $10,000 or imprisoned for not more than 5 years, or both" and * *inserting "and thereafter performs or attempts to perform (A) any of the* *acts described in paragraphs (1) and (3) shall be fined under this * *title, imprisoned for not more than 5 years, or both, or (B) any of the * *acts described in paragraph (2) shall be fined under this title, * *imprisoned for not more than 20 years, or both, and if death results * *shall be imprisoned for any term of years or for life". * *SEC. 2907. INCREASED PENALTIES FOR ARSON. * * Section 844 of title 18, United States Code, is amended- * * (1) in subsection (f)- * * (A) by striking "not more than ten years, or fined not more * * than $10,000" and inserting "not less than five years and not * * more than 20 years, fined the greater of $100,000 or the cost of* * repairing or replacing any property that is damaged or * * destroyed"; and * * (B) by striking "not more than twenty years, or fined not more* * than $10,000" and inserting "not less than five years and not * * more than 40 years, fined the greater of $200,000 or the cost of* * repairing or replacing any property that is damaged or * * destroyed"; * * (2) in subsection (h)- * * (A) in the first sentence by striking "five years" and * * inserting "10 years"; and * * (B) in the second sentence by striking "ten years" and * * inserting "20 years"; and * * (3) in subsection (i)- * * (A) by striking "not more than ten years or fined not more * * than $10,000" and inserting "not less than five years and not * * more than 20 years, fined the greater of $100,000 or the cost of* * repairing or replacing any property that is damaged or * * destroyed"; and * * (B) by striking "not more than twenty years or fined not more * * than $10,000" and inserting "not less than five years and not * * more than 40 years, fined the greater of $200,000 or the cost of* * repairing or replacing any property that is damaged or * * destroyed". * *Subtitle B-Extension of Protection of Civil Rights Statutes * *SEC. 2911. EXTENSION OF PROTECTION OF CIVIL RIGHTS STATUTES. * * (a) CONSPIRACY AGAINST RIGHTS.-SECTION 241 OF TITLE 18, UNITED STATES * *CODE, IS AMENDED BY STRIKING "INHABITANT OF" AND INSERTING "PERSON IN". * * (B) DEPRIVATION OF RIGHTS UNDER COLOR OF LAW.-SECTION 242 OF TITLE 18,* *UNITED STATES CODE, IS AMENDED- * * (1) BY STRIKING "INHABITANT OF" AND INSERTING "PERSON IN"; AND * * (2) BY STRIKING "SUCH INHABITANT" AND INSERTING "SUCH PERSON". * *Subtitle C-Audit and Report * *SEC. 2921. AUDIT REQUIREMENT FOR STATE AND LOCAL LAW ENFORCEMENT * *AGENCIES RECEIVING FEDERAL ASSET FORFEITURE FUNDS. * * (a) STATE REQUIREMENT.-SECTION 524(C)(7) OF TITLE 28, UNITED STATES * *CODE, IS AMENDED TO READ AS FOLLOWS: * * "(7)(A) THE FUND SHALL BE SUBJECT TO ANNUAL AUDIT BY THE * * COMPTROLLER GENERAL. * * "(B) THE ATTORNEY GENERAL SHALL REQUIRE THAT ANY STATE OR LOCAL * * LAW ENFORCEMENT AGENCY RECEIVING FUNDS CONDUCT AN ANNUAL AUDIT * * DETAILING THE USES AND EXPENSES TO WHICH THE FUNDS WERE DEDICATED * * AND THE AMOUNT USED FOR EACH USE OR EXPENSE AND REPORT THE RESULTS * * OF THE AUDIT TO THE ATTORNEY GENERAL.". * * (B) INCLUSION IN ATTORNEY GENERAL'S REPORT.-SECTION 524(C)(6)(C) OF * *TITLE 28, UNITED STATES CODE, IS AMENDED BY ADDING AT THE END THE * *FOLLOWING FLUSH SENTENCE: "THE REPORT SHOULD ALSO CONTAIN ALL ANNUAL * *AUDIT REPORTS FROM STATE AND LOCAL LAW ENFORCEMENT AGENCIES REQUIRED TO * *BE REPORTED TO THE ATTORNEY GENERAL UNDER SUBPARAGRAPH (B) OF PARAGRAPH * *(7).". * *SEC. 2922. REPORT TO CONGRESS ON ADMINISTRATIVE AND CONTRACTING * *EXPENSES. * * Section 524(c)(6) of title 28, United States Code, is amended- * * (1) by striking "and" at the end of subparagraph (B); * * (2) by striking the period at the end of subparagraph (C) and * * inserting "; and"; and * * (3) by adding at the end the following new subparagraph: * * "(D) a report for such fiscal year containing a description of the* * administrative and contracting expenses paid from the Fund under * * paragraph (1)(A).". * *Subtitle D-Gambling * *SEC. 2931. CRIMINAL HISTORY RECORD INFORMATION FOR THE ENFORCEMENT OF * *LAWS RELATING TO GAMING. * * A State gaming enforcement office located within a State Attorney * *General's office may obtain from the Interstate Identification Index of * *the FBI criminal history record information for licensing purposes * *through an authorized criminal justice agency. * *SEC. 2932. CLARIFYING AMENDMENT REGARDING SCOPE OF PROHIBITION AGAINST * *GAMBLING ON SHIPS IN INTERNATIONAL WATERS. * * (a) The first paragraph of section 1081 of title 18, United States * *Code, is amended by adding at the end the following: "Such term does not* *include a vessel with respect to gambling aboard such vessel beyond the * *territorial waters of the United States during a covered voyage (as * *defined in section 4472 of the Internal Revenue Code of 1986 in effect * *as of September 21, 1993).". * *Subtitle E-White Collar Crime Amendments * *SEC. 2941. RECEIVING THE PROCEEDS OF EXTORTION OR KIDNAPPING. * * (a) PROCEEDS OF EXTORTION.-CHAPTER 41 OF TITLE 18, UNITED STATES CODE,* *IS AMENDED- * * (1) BY ADDING AT THE END THE FOLLOWING NEW SECTION: * *"880. Receiving the proceeds of extortion * * "A person who receives, possesses, conceals, or disposes of any money * *or other property which was obtained from the commission of any offense * *under this chapter that is punishable by imprisonment for more than 1 * *year, knowing the same to have been unlawfully obtained, shall be * *imprisoned not more than 3 years, fined under this title, or both."; and* * (2) in the table of sections, by adding at the end the following * * new item: * *"880. Receiving the proceeds of extortion.". * * (b) RANSOM MONEY.-SECTION 1202 OF TITLE 18, UNITED STATES CODE, IS * *AMENDED- * * (1) BY DESIGNATING THE EXISTING MATTER AS SUBSECTION "(A)"; AND * * (2) BY ADDING THE FOLLOWING NEW SUBSECTIONS: * * "(B) A PERSON WHO TRANSPORTS, TRANSMITS, OR TRANSFERS IN INTERSTATE OR* *FOREIGN COMMERCE ANY PROCEEDS OF A KIDNAPPING PUNISHABLE UNDER STATE LAW* *BY IMPRISONMENT FOR MORE THAN 1 YEAR, OR RECEIVES, POSSESSES, CONCEALS, * *OR DISPOSES OF ANY SUCH PROCEEDS AFTER THEY HAVE CROSSED A STATE OR * *UNITED STATES BOUNDARY, KNOWING THE PROCEEDS TO HAVE BEEN UNLAWFULLY * *OBTAINED, SHALL BE IMPRISONED NOT MORE THAN 10 YEARS, FINED UNDER THIS * *TITLE, OR BOTH. * * "(C) FOR PURPOSES OF THIS SECTION, THE TERM 'STATE' HAS THE MEANING * *SET FORTH IN SECTION 245(D) OF THIS TITLE.". * *SEC. 2942. RECEIVING THE PROCEEDS OF A POSTAL ROBBERY. * * Section 2114 of title 18, United States Code, is amended- * * (1) by designating the existing matter as subsection (a); and * * (2) by adding at the end the following new subsection: * * "(b) A person who receives, possesses, conceals, or disposes of any * *money or other property which has been obtained in violation of this * *section, knowing the same to have been unlawfully obtained, shall be * *imprisoned not more than 10 years, fined under this title, or both.". * *SEC. 2943. CONFORMING ADDITION TO OBSTRUCTION OF CIVIL INVESTIGATIVE * *DEMAND STATUTE. * * Section 1505 of title 18, United States Code, is amended by inserting * *"section 1968 of this title, section 3733 of title 31, United States * *Code or" before "the Antitrust Civil Process Act". * *SEC. 2944. CONFORMING ADDITION OF PREDICATE OFFENSES TO FINANCIAL * *INSTITUTIONS REWARDS STATUTE. * * Section 3059A of title 18, United States Code, is amended- * * (1) by inserting "225," after "215"; * * (2) by striking "or" before "1344"; and * * (3) by inserting ", or 1517" after "1344". * *SEC. 2945. DEFINITION OF SAVINGS AND LOAN ASSOCIATION IN BANK ROBBERY * *STATUTE. * * Section 2113 of title 18, United States Code, is amended by adding at * *the end the following: * * "(h) As used in this section, the term 'savings and loan association' * *means (1) any Federal savings association or State savings association * *(as defined in section 3(b) of the Federal Deposit Insurance Act, 12 * *U.S.C. 1813(b)) having accounts insured by the Federal Deposit Insurance* *Corporation, and (2) any corporation described in section 3(b)(1)(C) of * *the Federal Deposit Insurance Act (12 U.S.C. 1813(b)(1)(C)) which is * *operating under the laws of the United States.". * *SEC. 2946. CONFORMING DEFINITION OF "1-YEAR PERIOD" IN 18 U.S.C. 1516. * * Section 1516(b) of title 18, United States Code, is amended- * * (1) by inserting "(i)" before "the term"; and * * (2) by inserting before the period the following: ", and (ii) the * * term 'in any 1 year period' has the meaning given to the term 'in * * any 1-year period' in section 666 of this title.". * *Subtitle F-Safer Streets and Neighborhoods * *SEC. 2951. SHORT TITLE. * * This subtitle may be cited as the "Safer Streets and Neighborhoods Act* *of 1993". * *SEC. 2952. LIMITATION ON GRANT DISTRIBUTION. * * (a) AMENDMENT.-SECTION 510(B) OF TITLE I OF THE OMNIBUS CRIME CONTROL * *AND SAFE STREETS ACT OF 1968 (42 U.S.C. 3760(B)) IS AMENDED BY INSERTING* *"NON-FEDERAL" AFTER "WITH". * * (B) EFFECTIVE DATE.-THE AMENDMENT MADE BY SUBSECTION (A) SHALL TAKE * *EFFECT ON OCTOBER 1, 1993. * *Subtitle G-Other Provisions * *SEC. 2961. OPTIONAL VENUE FOR ESPIONAGE AND RELATED OFFENSES. * * (a) IN GENERAL.-CHAPTER 211 OF TITLE 18, UNITED STATES CODE, IS * *AMENDED BY INSERTING after section 3238 the following new section: * *"3239. Optional venue for espionage and related offenses * * "The trial for any offense involving a violation, begun or committed * *upon the high seas or elsewhere out of the jurisdiction of any * *particular State or district, of- * * "(1) section 793, 794, 798, or section 1030(a)(1) of this title; * * "(2) section 601 of the National Security Act of 1947 (50 U.S.C. * * 421); or * * "(3) section 4(b) or 4(c) of the Subversive Activities Control Act* * of 1950 (50 U.S.C. 783 (b) or (c)); * *may be in the District of Columbia or in any other district authorized * *by law.". * * (b) TECHNICAL AMENDMENT.-THE ITEM RELATING TO SECTION 3239 IN THE * *TABLE OF SECTIONS OF CHAPTER 211 OF TITLE 18, UNITED STATES CODE, IS * *AMENDED TO READ AS FOLLOWS: * *"3239. Optional venue for espionage and related offense.". * *SEC. 2962. UNDERCOVER OPERATIONS. * * (a) IN GENERAL.-CHAPTER 1 OF TITLE 18, UNITED STATES CODE, IS AMENDED * *BY ADDING AT THE END THE FOLLOWING NEW SECTION: * *"21. Stolen or counterfeit nature of property for certain crimes defined* * "(a) Wherever in this title it is an element of an offense that- * * "(1) any property was embezzled, robbed, stolen, converted, taken,* * altered, counterfeited, falsely made, forged, or obliterated; and * * "(2) the defendant knew that the property was of such character; * *such element may be established by proof that the defendant, after or as* *a result of an official representation as to the nature of the property,* *believed the property to be embezzled, robbed, stolen, converted, taken,* *altered, counterfeited, falsely made, forged, or obliterated. * * "(b) For purposes of this section, the term 'official representation' * *means any representation made by a Federal law enforcement officer (as * *defined in section 115) or by another person at the direction or with * *the approval of such an officer.". * * (b) TECHNICAL AMENDMENT.-THE TABLE OF SECTIONS OF CHAPTER 1 OF TITLE * *18, UNITED STATES CODE, IS AMENDED BY ADDING AT THE END THE FOLLOWING * *NEW ITEM: * *"21. Stolen or counterfeit nature of property for certain crimes * *defined.". * *SEC. 2963. UNDERCOVER OPERATIONS-CHURNING. * * Section 7601(c)(3) of the Anti-Drug Abuse Act of 1988 (relating to * *effective date) is amended to read as follows: * * "(3) EFFECTIVE DATE.-THE AMENDMENTS MADE BY THIS SUBSECTION SHALL * * TAKE EFFECT ON THE DATE OF THE ENACTMENT OF THIS ACT AND SHALL CEASE* * TO APPLY AFTER DECEMBER 31, 1994.". * *SEC. 2964. REPORT ON BATTERED WOMEN'S SYNDROME. * * (a) REPORT.-NOT LESS THAN 1 YEAR AFTER THE DATE OF ENACTMENT OF THIS * *ACT, THE ATTORNEY GENERAL AND THE SECRETARY OF HEALTH AND HUMAN SERVICES* *SHALL TRANSMIT TO THE CONGRESS A REPORT ON THE MEDICAL AND PSYCHOLOGICAL* *BASIS OF "BATTERED WOMEN'S SYNDROME" AND ON THE EXTENT TO WHICH EVIDENCE* *OF THE SYNDROME HAS BEEN HELD TO BE ADMISSIBLE AS EVIDENCE OF GUILT OR * *AS A DEFENSE IN A CRIMINAL TRIAL. * * (B) COMPONENTS OF THE REPORT.-THE REPORT DESCRIBED IN SUBSECTION (A) * *SHALL INCLUDE- * * (1) MEDICAL AND PSYCHOLOGICAL TESTIMONY ON THE VALIDITY OF * * BATTERED WOMEN'S SYNDROME AS A PSYCHOLOGICAL CONDITION; * * (2) A COMPILATION OF STATE AND FEDERAL COURT CASES THAT HAVE * * ADMITTED EVIDENCE OF BATTERED WOMEN'S SYNDROME AS EVIDENCE OF GUILT * * AS A DEFENSE IN CRIMINAL TRIALS; AND * * (3) AN ASSESSMENT BY STATE AND FEDERAL JUDGES, PROSECUTORS, AND * * DEFENSE ATTORNEYS ON THE EFFECTS THAT EVIDENCE OF BATTERED WOMEN'S * * SYNDROME MAY HAVE IN CRIMINAL TRIALS. * *SEC. 2965. WIRETAPS. * * Section 2511(1) of title 18, United States Code, is amended- * * (1) by striking "or" at the end of paragraph (c); * * (2) by inserting "or" at the end of paragraph (d); and * * (3) by adding after paragraph (d) the following new paragraph: * * "(e)(i) intentionally discloses, or endeavors to disclose, to any * * other person the contents of any wire, oral, or electronic * * communication, intercepted by means authorized by sections * * 2511(2)(A)(ii), 2511(b)-(c), 2511(e), 2516, and 2518 of this * * subchapter, (ii) knowing or having reason to know that the * * information was obtained through the interception of such a * * communication in connection with a criminal investigation, (iii) * * having obtained or received the information in connection with a * * criminal investigation, (iv) with intent to improperly obstruct, * * impede, or interfere with a duly authorized criminal * * investigation,". * * * *SEC. 2966. THEFT OF MAJOR ARTWORK. * * (a) OFFENSE.-CHAPTER 31 OF TITLE 18, UNITED STATES CODE, IS AMENDED BY* *ADDING AT THE END THE FOLLOWING NEW SECTION: * *"668. Theft of major artwork * * "(a) DEFINITIONS.-IN THIS SECTION- * * "'MUSEUM' MEANS AN ORGANIZED AND PERMANENT INSTITUTION, THE * * ACTIVITIES OF WHICH AFFECT INTERSTATE OR FOREIGN COMMERCE, THAT- * * "(A) IS SITUATED IN THE UNITED STATES; * * "(B) IS ESTABLISHED FOR AN ESSENTIALLY EDUCATIONAL OR * * AESTHETIC PURPOSE; * * "(C) HAS A PROFESSIONAL STAFF; AND * * "(D) OWNS, UTILIZES, AND CARES FOR TANGIBLE OBJECTS THAT ARE * * EXHIBITED TO THE PUBLIC ON A REGULAR SCHEDULE. * * "'OBJECT OF CULTURAL HERITAGE' MEANS AN OBJECT OF ART OR CULTURAL * * SIGNIFICANCE THAT IS REGISTERED WITH THE INTERNATIONAL FOUNDATION * * FOR ART RESEARCH OR AN EQUIVALENT REGISTRY.". * * "(B) OFFENSES.-A PERSON WHO- * * "(1) STEALS OR OBTAINS BY FRAUD FROM THE CARE, CUSTODY, OR CONTROL* * OF A MUSEUM ANY OBJECT OF CULTURAL HERITAGE; OR * * "(2) KNOWING THAT AN OBJECT OF CULTURAL HERITAGE HAS BEEN STOLEN * * OR OBTAINED BY FRAUD, IF IN FACT THE OBJECT WAS STOLEN OR OBTAINED * * FROM THE CARE, CUSTODY, OR CONTROL OF A MUSEUM (WHETHER OR NOT THAT * * FACT IS KNOWN TO THE PERSON), RECEIVES, CONCEALS, EXHIBITS, OR * * DISPOSES OF THE OBJECT, * *SHALL BE FINED UNDER THIS TITLE, IMPRISONED NOT MORE THAN 10 YEARS, OR * *BOTH.". * * (B) FORFEITURE.- * * (1) CIVIL.-SECTION 981(A)(1)(C) OF TITLE 18, UNITED STATES CODE, * * IS AMENDED BY INSERTING "668," AFTER "657,". * * (2) CRIMINAL.-SECTION 982(A)(2) OF TITLE 18, UNITED STATES CODE, * * IS AMENDED BY INSERTING "668," AFTER "545". * * (C) PERIOD OF LIMITATION.-CHAPTER 213 OF TITLE 18, UNITED STATES CODE,* *IS AMENDED BY ADDING AT THE END THE FOLLOWING NEW SECTION: * *"3294. Theft of major artwork * * "No person shall be prosecuted, tried, or punished for a violation of * *or conspiracy to violate section 668 unless the indictment is returned * *or the information is filed within 20 years after the commission of the * *offense.". * * (d) TECHNICAL AMENDMENTS.- * * (1) CHAPTER 31.-THE CHAPTER ANALYSIS FOR CHAPTER 31 OF TITLE 18, * * UNITED STATES CODE, IS AMENDED BY ADDING AT THE END THE FOLLOWING * * NEW ITEM: * *"668. Theft of major artwork.". * * (2) CHAPTER 213.-THE CHAPTER ANALYSIS FOR CHAPTER 31 OF TITLE 18, * * UNITED STATES CODE, IS AMENDED BY ADDING AT THE END THE FOLLOWING * * NEW ITEM: * *"3294. Theft of major artwork.". * *SEC. 2967. BALANCE IN THE CRIMINAL JUSTICE SYSTEM. * * (a) FINDINGS.-THE CONGRESS FINDS THAT- * * (1) AN ADEQUATELY SUPPORTED FEDERAL JUDICIARY IS ESSENTIAL TO THE * * ENFORCEMENT OF LAW AND ORDER IN THE UNITED STATES, * * (2) SECTION 331 OF TITLE 28 PROVIDES IN PERTINENT PART THAT THE * * CHIEF JUSTICE SHALL SUBMIT TO CONGRESS AN ANNUAL REPORT OF THE * * PROCEEDINGS OF THE JUDICIAL CONFERENCE AND ITS RECOMMENDATIONS FOR * * LEGISLATION, * * (3) IN 1990, IN RESPONSE TO THE RECOMMENDATIONS OF THE JUDICIAL * * CONFERENCE FOR ADDITIONAL JUDGESHIPS, CONGRESS ENACTED LEGISLATION * * CREATING 85 ADDITIONAL JUDGESHIPS WITH AN EFFECTIVE DATE OF DECEMBER* * 1, 1990, * * (4) DURING THE PREVIOUS ADMINISTRATION, IT TOOK AN AVERAGE OF 502* * DAYS FROM THE TIME A JUDGESHIP BECAME VACANT UNTIL SUCH VACANCY WAS * * FILLED, * * (5) THE ENACTMENT OF LEGISLATION PROVIDING ADDITIONAL FUNDING FOR * * THE INVESTIGATION AND PROSECUTION FACETS OF THE CRIMINAL JUSTICE * * SYSTEM HAS A DIRECT AND POSITIVE IMPACT ON THE NEEDS AND WORKLOAD OF* * THE JUDICIARY, WHICH IS ALREADY SEVERELY OVERLOADED WITH CRIMINAL * * CASES, * * (6) RECOMMENDATIONS BY THE JUDICIAL CONFERENCE FOR THE FILLING OF * * JUDICIAL VACANCIES ARE CURRENTLY MADE ON THE BASIS OF HISTORICAL * * DATA ALONE, * * (7) THE GENERAL ACCOUNTING OFFICE, PURSUANT TO THE 1988 ANTI-DRUG * * ABUSE ACT, HAS DEVELOPED A COMPUTER MODEL THAT MEASURES THE * * POTENTIAL EFFECT OF FISCAL INCREASES ON ONE OR MORE PARTS OF THE * * CRIMINAL JUSTICE SYSTEM ON THE JUDICIARY, * * (8) THE GENERAL ACCOUNTING OFFICE HAS ESTABLISHED THAT AN INCREASE* * IN THE RESOURCES ALLOCATED TO THE INVESTIGATIVE AND PROSECUTORIAL * * PARTS OF THE CRIMINAL JUSTICE SYSTEM, BRINGS ABOUT AN INCREASE IN * * THE NUMBER OF CRIMINAL CASES FILED, WHICH IN TURN ADDS TO THE NEED * * FOR ADDITIONAL JUDGESHIPS, * * (9) THE ALLOCATION OF RESOURCES TO PORTIONS OF THE FEDERAL * * CRIMINAL JUSTICE SYSTEM OTHER THAN THE JUDICIARY CONTRIBUTES TO THE * * NEED FOR ADDITIONAL JUDGESHIPS THAT CANNOT BE ANTICIPATED BY THE USE* * OF HISTORICAL DATA ALONE, AND * * (10) THE USE OF HISTORICAL DATA ALONE, BECAUSE OF ITS INABILITY TO* * PROJECT THE NEED FOR ADDITIONAL JUDGESHIPS ATTRIBUTABLE TO THE * * INCREASE IN CRIMINAL CASELOAD ADDS TO THE DELAY IN MEETING THE NEEDS* * OF THE JUDICIARY. * * (B) SENSE OF THE SENATE.-IT IS THE SENSE OF THE SENATE THAT THE * *JUDICIAL CONFERENCE SHOULD BE ENCOURAGED TO MAKE ITS RECOMMENDATIONS TO * *CONGRESS FOR ADDITIONAL JUDGESHIPS UTILIZING HISTORICAL DATA AND A * *WORKLOAD ESTIMATE MODEL DESIGNED TO ANTICIPATE AN INCREASE IN CRIMINAL * *FILINGS RESULTING FROM INCREASED FUNDING IN ONE OR MORE COMPONENTS OF * *THE FEDERAL CRIMINAL JUSTICE SYSTEM, AND TO TAKE INTO ACCOUNT THE TIME * *EXPENDED IN THE APPOINTIVE AND CONFIRMATION PROCESS. *