*SEC. 2968. MISUSE OF INITIALS "DEA". * * (a) AMENDMENT.-SECTION 709 OF TITLE 18, UNITED STATES CODE, IS * *AMENDED- * * (1) IN THE THIRTEENTH UNNUMBERED PARAGRAPH BY STRIKING "WORDS-" * * AND INSERTING "WORDS; OR"; AND * * (2) BY INSERTING AFTER THE THIRTEENTH UNNUMBERED PARAGRAPH THE * * FOLLOWING NEW PARAGRAPH: * * "A PERSON WHO, EXCEPT WITH THE WRITTEN PERMISSION OF THE ADMINISTRATOR* *OF THE DRUG ENFORCEMENT ADMINISTRATION, KNOWINGLY USES THE WORDS 'DRUG * *ENFORCEMENT ADMINISTRATION' OR THE INITIALS 'DEA' OR ANY COLORABLE * *IMITATION OF SUCH WORDS OR INITIALS, IN CONNECTION WITH ANY * *ADVERTISEMENT, CIRCULAR, BOOK, PAMPHLET, SOFTWARE OR OTHER PUBLICATION, * *PLAY, MOTION PICTURE, BROADCAST, TELECAST, OR OTHER PRODUCTION, IN A * *MANNER REASONABLY CALCULATED TO CONVEY THE IMPRESSION THAT SUCH * *ADVERTISEMENT, CIRCULAR, BOOK, PAMPHLET, SOFTWARE OR OTHER PUBLICATION, * *PLAY, MOTION PICTURE, BROADCAST, TELECAST, OR OTHER PRODUCTION IS * *APPROVED, ENDORSED, OR AUTHORIZED BY THE DRUG ENFORCEMENT * *ADMINISTRATION;". * * (B) EFFECTIVE DATE.-THE AMENDMENT MADE BY SUBSECTION (A) SHALL BECOME * *EFFECTIVE ON THE DATE THAT IS 90 DAYS AFTER THE DATE OF ENACTMENT OF * *THIS ACT. * *SEC. 2969. ADDITION OF ATTEMPTED ROBBERY, KIDNAPPING, SMUGGLING, AND * *PROPERTY DAMAGE OFFENSES TO ELIMINATE INCONSISTENCIES AND GAPS IN * *COVERAGE. * * (a) ROBBERY AND BURGLARY.-(1) SECTION 2111 OF TITLE 18, UNITED STATES * *CODE, IS AMENDED BY INSERTING "OR ATTEMPTS TO TAKE" AFTER "TAKES". * * (2) SECTION 2112 OF TITLE 18, UNITED STATES CODE, IS AMENDED BY * *INSERTING "OR ATTEMPTS TO ROB" AFTER "ROBS". * * (3) SECTION 2114 OF TITLE 18, UNITED STATES CODE, IS AMENDED BY * *INSERTING "OR ATTEMPTS TO ROB" AFTER "ROBS". * * (B) KIDNAPPING.-SECTION 1201(D) OF TITLE 18, UNITED STATES CODE, IS * *AMENDED BY STRIKING "WHOEVER ATTEMPTS TO VIOLATE SUBSECTION (A)(4) OR * *(A)(5)" AND INSERTING "WHOEVER ATTEMPTS TO VIOLATE SUBSECTION (A)". * * (C) SMUGGLING.-SECTION 545 OF TITLE 18, UNITED STATES CODE, IS AMENDED* *BY INSERTING "OR ATTEMPTS TO SMUGGLE OR CLANDESTINELY INTRODUCE" AFTER * *"SMUGGLES, OR CLANDESTINELY INTRODUCES". * * (D) MALICIOUS MISCHIEF.-(1) SECTION 1361 OF TITLE 18, UNITED STATES * *CODE, IS AMENDED- * * (A) BY INSERTING "OR ATTEMPTS TO COMMIT ANY OF THE FOREGOING * * OFFENSES" BEFORE "SHALL BE PUNISHED", AND * * (B) BY INSERTING "OR ATTEMPTED DAMAGE" AFTER "DAMAGE" EACH PLACE * * IT APPEARS. * * (2) SECTION 1362 OF TITLE 18, UNITED STATES CODE, IS AMENDED BY * *INSERTING "OR ATTEMPTS WILLFULLY OR MALICIOUSLY TO INJURE OR DESTROY" * *AFTER "WILLFULLY OR MALICIOUSLY INJURES OR DESTROYS". * * (3) SECTION 1366 OF TITLE 18, UNITED STATES CODE, IS AMENDED- * * (A) BY INSERTING "OR ATTEMPTS TO DAMAGE" AFTER "DAMAGES" EACH * * PLACE IT APPEARS; * * (B) BY INSERTING "OR ATTEMPTS TO CAUSE" AFTER "CAUSES"; AND * * (C) BY INSERTING "OR WOULD IF THE ATTEMPTED OFFENSE HAD BEEN * * COMPLETED HAVE EXCEEDED" AFTER "EXCEEDS" EACH PLACE IT APPEARS. * *SEC. 2970. DEFINITION OF LIVESTOCK. * * Section 2311 of title 18, United States Code, is amended by inserting * *after the second paragraph relating to the definition of "cattle" the * *following new paragraph: * * "'Livestock' means any domestic animals raised for home use, * *consumption, or profit, such as horses, pigs, goats, fowl, sheep, and * *cattle, or the carcasses thereof.". * *SEC. 2971. EXTENSION OF STATUTE OF LIMITATIONS FOR ARSON. * * Section 844(i) of title 18, United States Code, is amended by adding * *at the end the following: "No person shall be prosecuted, tried, or * *punished for any noncapital offense under this subsection unless the * *indictment is found or the information is instituted within 10 years * *after the date on which the offense was committed.". * *SEC. 2972. GUN-FREE SCHOOL ZONES. * * (a) AMENDMENT OF TITLE 18, UNITED STATES CODE.-SECTION 922(Q) OF TITLE* *18 , UNITED STATES CODE, IS AMENDED- * * (1) BY REDESIGNATING PARAGRAPHS (1), (2), AND (3) AS PARAGRAPHS * * (2), (3), AND (4), RESPECTIVELY; AND * * (2) BY INSERTING AFTER "(Q)" THE FOLLOWING NEW PARAGRAPH: * * "(1) THE CONGRESS FINDS AND DECLARES THAT- * * "(A) CRIME, PARTICULARLY CRIME INVOLVING DRUGS AND GUNS, IS A * * PERVASIVE, NATIONWIDE PROBLEM; * * "(B) CRIME AT THE LOCAL LEVEL IS EXACERBATED BY THE INTERSTATE * * MOVEMENT OF DRUGS, GUNS, AND CRIMINAL GANGS; * * "(C) FIREARMS AND AMMUNITION MOVE EASILY IN INTERSTATE COMMERCE * * AND HAVE BEEN FOUND IN INCREASING NUMBERS IN AND AROUND SCHOOLS, AS * * DOCUMENTED IN NUMEROUS HEARINGS IN BOTH THE JUDICIARY COMMITTEE OF * * THE HOUSE OF REPRESENTATIVES AND JUDICIARY COMMITTEE OF THE SENATE; * * "(D) IN FACT, EVEN BEFORE THE SALE OF A FIREARM, THE GUN, ITS * * COMPONENT PARTS, AMMUNITION, AND THE RAW MATERIALS FROM WHICH THEY * * ARE MADE HAVE CONSIDERABLY MOVED IN INTERSTATE COMMERCE; * * "(E) WHILE CRIMINALS FREELY MOVE FROM STATE TO STATE, ORDINARY * * CITIZENS AND FOREIGN VISITORS MAY FEAR TO TRAVEL TO OR THROUGH * * CERTAIN PARTS OF THE COUNTRY DUE TO CONCERN ABOUT VIOLENT CRIME AND * * GUN VIOLENCE, AND PARENTS MAY DECLINE TO SEND THEIR CHILDREN TO * * SCHOOL FOR THE SAME REASON; * * "(F) THE OCCURRENCE OF VIOLENT CRIME IN SCHOOL ZONES HAS RESULTED * * IN A DECLINE IN THE QUALITY OF EDUCATION IN OUR COUNTRY; * * "(G) THIS DECLINE IN THE QUALITY OF EDUCATION HAS AN ADVERSE * * IMPACT ON INTERSTATE COMMERCE AND THE FOREIGN COMMERCE OF THE UNITED* * STATES; * * "(H) STATES, LOCALITIES, AND SCHOOL SYSTEMS FIND IT ALMOST * * IMPOSSIBLE TO HANDLE GUN-RELATED CRIME BY THEMSELVES; EVEN STATES, * * LOCALITIES, AND SCHOOL SYSTEMS THAT HAVE MADE STRONG EFFORTS TO * * PREVENT, DETECT, AND PUNISH GUN-RELATED CRIME FIND THEIR EFFORTS * * UNAVAILING DUE IN PART TO THE FAILURE OR INABILITY OF OTHER STATES * * OR LOCALITIES TO TAKE STRONG MEASURES; AND * * "(I) CONGRESS HAS POWER, UNDER THE INTERSTATE COMMERCE CLAUSE AND * * OTHER PROVISIONS OF THE CONSTITUTION, TO ENACT MEASURES TO ENSURE * * THE INTEGRITY AND SAFETY OF THE NATION'S SCHOOLS BY ENACTMENT OF * * THIS SUBSECTION.". * *TITLE XXX-TECHNICAL CORRECTIONS * *SEC. 3001. AMENDMENTS RELATING TO FEDERAL FINANCIAL ASSISTANCE FOR LAW * *ENFORCEMENT. * * (a) CROSS REFERENCE CORRECTIONS.-(1) Section 506 of title I of the * *Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756) is * *amended- * * (1) in subsection (a) by striking "Of" and inserting "Subject to * * subsection (f), of", * * (2) in subsection (c) by striking "subsections (b) and (c)" and * * inserting "subsection (b)", * * (3) in subsection (e) by striking "or (e)" and inserting "or (f)",* * (4) in subsection (f)(1)- * * (A) in subparagraph (A)- * * (i) by striking ", taking into consideration subsection * * (e) but", and * * (ii) by striking "this subsection," and inserting "this * * subsection", and * * (B) in subparagraph (B) by striking "amount" and inserting * * "funds". * * (b) CORRECTIONAL OPTIONS GRANTS.-(1) Section 515(b) of title I of the * *Omnibus Crime Control and Safe Streets Act of 1968 is amended- * * (A) by striking "subsection (a)(1) and (2)" and inserting * * "paragraphs (1) and (2) of subsection (a)", and * * (B) in paragraph (2) by striking "States" and inserting "public * * agencies". * * (2) Section 516 of title I of the Omnibus Crime Control and Safe * *Streets Act of 1968 is amended- * * (A) in subsection (a) by striking "for section" each place it * * appears and inserting "shall be used to make grants under section", * * and * * (B) in subsection (b) by striking "section 515(a)(1) or (a)(3)" * * and inserting "paragraph (1) or (3) of section 515(a)". * * (c) DENIAL OR TERMINATION OF GRANT.-Section 802(b) of title I of the * *Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3783(b)) * *is amended by striking "M,," and inserting "M,". * * (d) DEFINITIONS.-Section 901(a)(21) of title I of the Omnibus Crime * *Control and Safe Streets Act of 1968 (42 U.S.C. 3791(21)) is amended by * *adding a semicolon at the end. * * (e) PUBLIC SAFETY OFFICERS DISABILITY BENEFITS.-Title I of the Omnibus* *Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796) is amended- * * (1) in section 1201- * * (A) in subsection (a) by striking "subsection (g)" and * * inserting "subsection (h),", and * * (B) in subsection (b)- * * (i) by striking "subsection (g)" and inserting "subsection* * (h)", * * (ii) by striking "personal", and * * (iii) in the first proviso by striking "section" and * * inserting "subsection", and * * (2) in section 1204(3) by striking "who was responding to a fire, * * rescue or police emergency". * * (f) HEADINGS.-(1) The heading for part M of title I of the Omnibus * *Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797) is amended * *to read as follows: * *"PART M-REGIONAL INFORMATION SHARING SYSTEMS". * * (2) The heading for part O of title I of the Omnibus Crime Control and* *Safe Streets Act of 1968 (42 U.S.C. 3797) is amended to read as follows:* *"PART O-RURAL DRUG ENFORCEMENT". * * (g) TABLE OF CONTENTS.-The table of contents of title I of the Omnibus* *Crime Control and Safe Streets Act of 1968 is amended- * * (1) in the item relating to section 501 by striking "Drug Control * * and System Improvement Grant" and inserting "drug control and system* * improvement grant", * * (2) in the item relating to section 1403 by striking "Application"* * and inserting "Applications", and * * (3) in the items relating to part O by redesignating sections 1401* * and 1402 as sections 1501 and 1502, respectively. * * (h) OTHER TECHNICAL AMENDMENTS.-Title I of the Omnibus Crime Control * *and Safe Streets Act of 1968 is amended- * * (1) in section 202(c)(2)(E) by striking "crime,," and inserting * * "crime,", * * (2) in section 302(c)(19) by striking a period at the end and * * inserting a semicolon, * * (3) in section 602(a)(1) by striking "chapter 315" and inserting * * "chapter 319", * * (4) in section 603(a)(6) by striking "605" and inserting "606", * * (5) in section 605 by striking "this section" and inserting "this * * part", * * (6) in section 606(b) by striking "and Statistics" and inserting * * "Statistics", * * (7) in section 801(b)- * * (A) by striking "parts D," and inserting "parts", * * * * (B) by striking "part D" each place it appears and inserting * * "subpart 1 of part E", * * (C) by striking "403(a)" and inserting "501", and * * (D) by striking "403" and inserting "503", * * (8) in the first sentence of section 802(b) by striking "part D," * * and inserting "subpart 1 of part E or under part", * * (9) in the second sentence of section 804(b) by striking * * "Prevention or" and inserting "Prevention, or", * * (10) in section 808 by striking "408, 1308," and inserting "507", * * (11) in section 809(c)(2)(H) by striking "805" and inserting * * "804", * * (12) in section 811(e) by striking "Law Enforcement Assistance * * Administration" and inserting "Bureau of Justice Assistance", * * (13) in section 901(a)(3) by striking "and," and inserting ", * * and", * * (14) in section 1001(c) by striking "parts" and inserting "part". * * (i) CONFORMING AMENDMENT TO OTHER LAW.-Section 4351(b) of title 18, * *United States Code, is amended by striking "Administrator of the Law * *Enforcement Assistance Administration" and inserting "Director of the * *Bureau of Justice Assistance". * *SEC. 3002. GENERAL TITLE 18 CORRECTIONS. * * (a) SECTION 1031.-Section 1031(g)(2) of title 18, United States Code, * *is amended by striking "a government" and inserting "a Government". * * (b) SECTION 208.-Section 208(c)(1) of title 18, United States Code, is* *amended by striking "Banks" and inserting "banks". * * (c) SECTION 1007.-The heading for section 1007 of title 18, United * *States Code, is amended by striking "Transactions" and inserting * *"transactions" in lieu thereof. * * (d) SECTION 1014.-Section 1014 of title 18, United States Code, is * *amended by striking the comma which follows a comma. * * (e) ELIMINATION OF OBSOLETE CROSS REFERENCE.-Section 3293 of title 18,* *United States Code, is amended by striking "1008,". * * (f) ELIMINATION OF DUPLICATE SUBSECTION DESIGNATION.-Section 1031 of * *title 18, United States Code, is amended by redesignating the second * *subsection (g) as subsection (h). * * (g) CLERICAL AMENDMENT TO PART I TABLE OF CHAPTERS.-The item relating * *to chapter 33 in the table of chapters for part I of title 18, United * *States Code, is amended by striking "701" and inserting "700". * * (h) AMENDMENT TO SECTION 924(a)(1)(b).-Section 924(a)(1)(B) of title * *18, United States Code, is amended by striking "(q)" and inserting * *"(r)". * * (i) AMENDMENT TO SECTION 3143.-The last sentence of section 3143(b) of* *title 18, United States Code, is amended by striking "(b)(2)(D)" and * *inserting "(1)(B)(iv)". * * (j) AMENDMENT TO TABLE OF CHAPTERS.-The table of chapters at the * *beginning of part I of title 18, United States Code, is amended by * *striking the item relating to the chapter 113A added by section 132 of * *Public Law 102-27, but subsequently repealed. * * (k) PUNCTUATION CORRECTION.-Section 207(c)(2)(A)(ii) of title 18, * *United States Code, is amended by striking the semicolon at the end and * *inserting a comma. * * (l) TABLE OF CONTENTS CORRECTION.-The table of contents for chapter * *223 of title 18, United States Code, is amended by adding at the end the* *following: * *"3509. Child Victims' and child witnesses' rights.". * * (m) ELIMINATION OF SUPERFLUOUS COMMA.-Section 3742(b) of title 18, * *United States Code, is amended by striking "Government," and inserting * *"Government". * *SEC. 3003. CORRECTIONS OF ERRONEOUS CROSS REFERENCES AND * *MISDESIGNATIONS. * * (a) SECTION 1791 OF TITLE 18.-Section 1791(b) of title 18, United * *States Code, is amended by striking "(c)" each place it appears and * *inserting "(d)". * * (b) SECTION 1956 OF TITLE 18.-Section 1956(c)(7)(D) of title 18, * *United States Code, is amended by striking "section 1822 of the Mail * *Order Drug Paraphernalia Control Act (100 Stat. 3207-51; 21 U.S.C. 857)"* *and inserting "section 422 of the Controlled Substances Act (21 U.S.C. * *863)". * * (c) SECTION 2703 OF TITLE 18.-Section 2703(d) of title 18, United * *States Code, is amended by striking "section 3126(2)(A)" and inserting * *"section 3127(2)(A)". * * (d) SECTION 666 OF TITLE 18.-Section 666(d) of title 18, United States* *Code, is amended- * * (1) by redesignating the second paragraph (4) as paragraph (5); * * (2) by striking "and" at the end of paragraph (3); and * * (3) by striking the period at the end of paragraph (4) and * * inserting "; and". * * (e) SECTION 4247 OF TITLE 18.-Section 4247(h) of title 18, United * *States Code, is amended by striking "subsection (e) of section 4241, * *4243, 4244, 4245, or 4246," and inserting "subsection (e) of section * *4241, 4244, 4245, or 4246, or subsection (f) of section 4243,". * * (f) SECTION 408 OF THE CONTROLLED SUBSTANCE.-Section 408(b)(2)(A) of * *the Controlled Substances Act (21 U.S.C. 848(b)(2)(A)) is amended by * *striking "subsection (d)(1)" and inserting "subsection (c)(1)". * * (g) MARITIME DRUG LAW ENFORCEMENT ACT.-(1) Section 994(h) of title 28,* *United States Code, is amended by striking "section 1 of the Act of * *September 15, 1980 (21 U.S.C. 955a)" each place it appears and inserting* *"the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.)". * * (2) Section 924(e) of title 18, United States Code, is amended by * *striking "the first section or section 3 of Public Law 96-350 (21 U.S.C.* *955a et seq.)" and inserting "the Maritime Drug Law Enforcement Act (46 * *U.S.C. App. 1901 et seq.)". * * (h) SECTION 2596 OF THE CRIME CONTROL ACT OF 1990.-Section 2596(d) of * *the Crime Control Act of 1990 is amended, effective retroactively to the* *date of enactment of such Act, by striking "951(c)(1)" and inserting * *"951(c)(2)". * * * * (i) SECTION 3143 OF TITLE 18.-The last sentence of section 3143(b)(1) * *of title 18, United States Code, is amended by striking "(b)(2)(D)" and * *inserting "(1)(B)(iv)". * *SEC. 3004. REPEAL OF OBSOLETE PROVISIONS IN TITLE 18. * * Title 18, United States Code, is amended- * * (1) in section 212, by striking "or of any National Agricultural * * Credit Corporation," and by striking "or National Agricultural * * Credit Corporations,"; * * (2) in section 213, by striking "or examiner of National * * Agricultural Credit Corporations"; * * (3) in section 709, by striking the seventh and thirteenth * * paragraphs; * * (4) in section 711, by striking the second paragraph; * * (5) by striking section 754, and amending the table of sections * * for chapter 35 by striking the item relating to section 754; * * (6) in sections 657 and 1006, by striking "Reconstruction Finance * * Corporation,", and by striking "Farmers' Home Corporation,"; * * (7) in section 658, by striking "Farmers' Home Corporation,"; * * (8) in section 1013, by striking ", or by any National * * Agricultural Credit Corporation"; * * (9) in section 1160, by striking "white person" and inserting * * "non-Indian"; * * (10) in section 1698, by striking the second paragraph; * * (11) by striking sections 1904 and 1908, and amending the table of* * sections for chapter 93 by striking the items relating to such * * sections; * * (12) in section 1909, by inserting "or" before "farm credit * * examiner" and by striking "or an examiner of National Agricultural * * Credit Corporations,"; * * (13) by striking sections 2157 and 2391, and amending the table of* * sections for chapters 105 and 115, respectively, by striking the * * items relating to such sections; * * (14) in section 2257 by striking the subsections (f) and (g) that * * were enacted by Public Law 100-690; * * (15) in section 3113, by striking the third paragraph; * * (16) in section 3281, by striking "except for offenses barred by * * the provisions of law existing on August 4, 1939"; * * (17) in section 443, by striking "or (3) 5 years after 12 o'clock * * noon of December 31, 1946,"; and * * (18) in sections 542, 544, and 545, by striking "the Philippine * * Islands,". * *SEC. 3005. CORRECTION OF DRAFTING ERROR IN THE FOREIGN CORRUPT PRACTICES* *ACT. * * Section 104 of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. * *78dd-2) is amended, in subsection (a)(3), by striking "issuer" and * *inserting in lieu thereof "domestic concern". * *SEC. 3006. ELIMINATION OF REDUNDANT PENALTY PROVISION IN 18 U.S.C. 1116.* * Section 1116(a) of title 18, United States Code, is amended by * *striking ", and any such person who is found guilty of attempted murder * *shall be imprisoned for not more than 20 years". * *SEC. 3007. ELIMINATION OF REDUNDANT PENALTY. * * Section 1864(c) of title 18, United States Code, is amended by * *striking "(b) (3), (4), or (5)" and inserting in lieu thereof "(b)(5)". * *SEC. 3008. CORRECTIONS OF MISSPELLINGS AND GRAMMATICAL ERRORS. * * Title 18, United States Code, is amended- * * (1) in section 513(c)(4), by striking "association or persons" and* * inserting in lieu thereof "association of persons"; * * (2) in section 1956(e), by striking "Evironmental" and inserting * * in lieu thereof "Environmental"; * * (3) in section 3125, by striking the quotation marks in paragraph * * (a)(2), and by striking "provider for" and inserting in lieu thereof* * "provider of" in subsection (d); * * (4) in section 3731, by striking "order of a district courts" and * * inserting in lieu thereof "order of a district court" in the second * * undesignated paragraph; * * (5) in section 151, by striking "mean" and inserting "means"; * * (6) in section 208(b), by inserting "if" after "(4)"; * * (7) in section 209(d), by striking "under the terms of the chapter* * 41" and inserting "under the terms of chapter 41"; * * (8) in section 1014, by inserting a comma after "National Credit * * Union Administration Board"; and * * (9) in section 3291, by striking "the afore-mentioned" and * * inserting "such". * *SEC. 3009. OTHER TECHNICAL AMENDMENTS. * * (a) SECTION 419 OF CONTROLLED SUBSTANCES ACT.-Section 419(b) of the * *Controlled Substances Act (21 U.S.C. 860(b)) is amended by striking * *"years Penalties" and inserting "years. Penalties". * * (b) SECTION 667.-Section 667 of title 18, United States Code, is * *amended by adding at the end the following: "The term 'livestock' has * *the meaning set forth in section 2311 of this title.". * * (c) SECTION 1114.-Section 1114 of title 18, United States Code, is * *amended by striking "or any other officer, agency, or employee of the * *United States" and inserting "or any other officer or employee of the * *United States or any agency thereof". * * (d) SECTION 408 OF CONTROLLED SUBSTANCES ACT.-Section 408(q)(8) of the* *Controlled Substances Act (21 U.S.C. 848(q)(8)) is amended by striking * *"applications, for writ" and inserting "applications for writ". * *SEC. 3010. CORRECTIONS OF ERRORS FOUND DURING CODIFICATION. * * Title 18, United States Code, is amended- * * (1) in section 212, by striking "218" and inserting "213"; * * (2) in section 1917- * * (A) by striking "Civil Service Commission" and inserting * * "Office of Personnel Management"; and * * (B) by striking "the Commission" in paragraph (1) and * * inserting "such Office"; * * (3) by transferring the table of sections for each subchapter of * * each of chapters 227 and 229 to follow the heading of that * * subchapter; * * (4) so that the heading of section 1170 reads as follows: * *" 1170. Illegal trafficking in Native American human remains and * *cultural items"; * * (5) so that the item relating to section 1170 in the table of * * sections at the beginning of chapter 53 reads as follows: * *"1170. Illegal trafficking in Native American human remains and cultural* *items."; * * (6) in section 3509(a), by striking paragraph (11) and * * redesignating paragraphs (12) and (13) as paragraphs (11) and (12), * * respectively; * * (7) in section 3509- * * (A) by striking out "subdivision" each place it appears and * * inserting "subsection"; and * * (B) by striking out "government" each place it appears and * * inserting "Government"; * * (8) in section 2252(a)(3)(B), by striking "materails" and * * inserting "materials"; * * (9) in section 14, by striking "45," and "608, 611, 612,"; * * (10) in section 3059A- * * (A) in subsection (b), by striking "this subsection" and * * inserting "subsection"; and * * (B) in subsection (c), by striking "this subsection" and * * inserting "subsection"; * * (11) in section 1761(c)- * * (A) by striking "and" at the end of paragraph (1); * * (B) by inserting "and" at the end of paragraph (3); and * * (C) by striking the period at the end of paragraph (2)(B) and * * inserting a semicolon; * * (12) in the table of sections at the beginning of chapter 11- * * (A) in the item relating to section 203, by inserting a comma * * after "officers" and by striking the comma after "others"; and * * (B) in the item relating to section 204, by inserting "the" * * before "United States Court of Appeals for the Federal Circuit";* * (13) in the table of sections at the beginning of chapter 23, in * * the item relating to section 437, by striking the period immediately* * following "Indians"; * * (14) in the table of sections at the beginning of chapter 25, in * * the item relating to section 491, by striking the period immediately* * following "paper used as money"; * * (15) in section 207(a)(3), by striking "Clarification of * * Restrictions" and inserting "Clarification of restrictions"; * * (16) in section 176, by striking "the government" and inserting * * "the Government"; * * (17) in section 3059A(e)(2)(iii), by striking "backpay" and * * inserting "back pay"; and * * (18) by adding a period at the end of the item relating to section* * 3059A in the table of sections at the beginning of chapter 203. * *SEC. 3011. PROBLEMS RELATED TO EXECUTION OF PRIOR AMENDMENTS. * * (a) INCORRECT REFERENCE AND PUNCTUATION CORRECTION.-(1) Section * *2587(b) of the Crime Control Act of 1990 is repealed, effective on the * *date such section took effect. * * (2) Section 2587(b) of Public Law 101-647 is amended, effective the * *date such section took effect, by striking "The chapter heading for" and* *inserting "The table of sections at the beginning of". * * (3) The item relating to section 3059A in the table of sections at the* *beginning of chapter 203 of title 18, United States Code, is amended by * *adding a period at the end. * * (b) LACK OF PUNCTUATION IN STRICKEN LANGUAGE.-Section 46(b) of Public * *Law 99-646 is amended, effective on the date such section took effect, * *so that- * * (A) in paragraph (1), the matter proposed to be stricken from the * * beginning of section 201(b) of title 18, United States Code, reads * * "(b) Whoever, directly"; and * * (B) in paragraph (2), a comma, rather than a semicolon, appears * * after "his lawful duty" in the matter to be stricken from paragraph * * (3) of section 201(b) of such title. * * (c) BIOLOGICAL WEAPONS.-(1) Section 3 of the Biological Weapons * *Anti-Terrorism Act of 1989 is amended, effective on the date such * *section took effect in subsection (b), by striking "2516(c)" and * *inserting "2516(1)(c)". * * (2) The item in the table of chapters for part I of title 18, United * *States Code, that relates to chapter 10 is amended by striking "Weapons"* *and inserting "weapons". * * (d) PLACEMENT OF NEW SECTION.-Section 404(a) of Public Law 101-630 is * *amended, effective on the date such section took effect, by striking * *"adding at the end thereof" each place it appears and inserting * *"inserting after section 1169". * * (e) ELIMINATION OF ERRONEOUS CHARACTERIZATION OF MATTER * *INSERTED.-Section 225(a) of Public Law 101-674 is amended, effective on * *the date such section took effect, by striking "new rule". * * (f) CLARIFICATION OF PLACEMENT OF AMENDMENT.-Section 1205(c) of Public* *Law 101-647 is amended, effective the date such section took effect, by * *inserting "at the end" after "adding". * * (g) ELIMINATION OF DUPLICATE AMENDMENT.-Section 1606 of Public Law * *101-647 (amending section 1114 of title 18, United States Code) is * *repealed effective the date of the enactment of such section. * * (h) ERROR IN AMENDMENT PHRASING.-Section 3502 of Public Law 101-647 is* *amended, effective the date such section took effect, by striking "10" * *and inserting "ten". * * (i) CLARIFICATION THAT AMENDMENTS WERE TO TITLE 18.-Sections 3524, * *3525, and 3528 of Public Law 101-647 are each amended, effective the * *date such sections took effect, by inserting "of title 18, United States* *Code" before "is amended". * * (j) CORRECTION OF PARAGRAPH REFERENCE.-Section 3527 of Public Law * *101-647 is amended, effective the date such section took effect, by * *striking "4th" and inserting "5th". * * (k) REPEAL OF OBSOLETE TECHNICAL CORRECTION TO SECTION 1345.-Section * *3542 of Public Law 101-647 is repealed, effective the date of enactment * *of such Public Law. * * (l) REPEAL OF OBSOLETE TECHNICAL CORRECTION TO SECTION 1956.-Section * *3557(2)(E) of Public Law 101-647 is repealed, effective the date of * *enactment of such Public Law. * * (m) CLARIFICATION OF PLACEMENT OF AMENDMENTS.-Public Law 101-647 is * *amended, effective the date of the enactment of such Public Law- * * (1) in section 3564(1), by inserting "each place it appears" after* * the quotation mark following "2251" the first place it appears; and * * (2) in section 3565(3)(A), by inserting "each place it appears" * * after the quotation mark following "subchapter". * * (n) CORRECTION OF WORD QUOTED IN AMENDMENT.-Section 3586(1) of Public * *Law 101-647 is amended, effective the date such section took effect, by * *striking "fines" and inserting "fine". * * (o) ELIMINATION OF OBSOLETE TECHNICAL AMENDMENT TO SECTION * *4013.-Section 3599 of Public Law 101-647 is repealed, effective the date* *of the enactment of such Public Law. * * (p) CORRECTION OF DIRECTORY LANGUAGE.-Section 3550 of Public Law * *101-647 is amended, effective the date such section took effect, by * *striking "not more than". * * (q) REPEAL OF DUPLICATE PROVISIONS.-(1) Section 3568 of Public Law * *101-647 is repealed, effective the date such section took effect. * * (2) Section 1213 of Public Law 101-647 is repealed, effective the date* *such section took effect. * * (r) CORRECTION OF WORDS QUOTED IN AMENDMENT.-Section 2531(3) of Public* *Law 101-647 is amended, effective the date such section took effect, by * *striking "1679(c)(2)" and inserting "1679a(c)(2)". * * (s) FORFEITURE.-(1) Section 1401 of Public Law 101-647 is amended, * *effective the date such section took effect- * * (A) by inserting a comma after ", 5316"; and * * (B) by inserting "the first place it appears" after the quotation * * mark following "5313(a)". * * (2) Section 2525(a)(2) of Public Law 101-647 is amended, effective the* *date such section took effect, by striking "108(3)" and inserting * *"2508(3)". * * (t) INCORRECT SECTION REFERENCE.-SECTION 1402(D)(3) OF THE VICTIMS OF * *CRIME ACT OF 1984 (42 U.S.C. 10601(D)(3)) IS AMENDED BY STRIKING * *"1404(A)" AND INSERTING "1404A". * * (U) MISSING TEXT.-SECTION 1403(B)(1) OF THE VICTIMS OF CRIME ACT OF * *1984 (42 U.S.C. 10602(B)(1)) IS AMENDED BY INSERTING AFTER "DOMESTIC * *VIOLENCE" THE FOLLOWING: "FOR- * * "(A) MEDICAL EXPENSES ATTRIBUTABLE TO A PHYSICAL INJURY * * RESULTING FROM COMPENSABLE CRIME, INCLUDING EXPENSES FOR MENTAL * * HEALTH COUNSELING AND CARE; * * "(B) LOSS OF WAGES ATTRIBUTABLE TO A PHYSICAL INJURY RESULTING* * FROM A COMPENSABLE CRIME; AND * * "(C) FUNERAL EXPENSES ATTRIBUTABLE TO A DEATH RESULTING FROM A* * COMPENSABLE CRIME". * *SEC. 3012. AMENDMENTS TO SECTION 1956 OF TITLE 18 TO ELIMINATE DUPLICATE* *PREDICATE CRIMES. * * Section 1956 of title 18, United States Code, is amended- * * (1) in subsection (c)(7)(D), by striking "section 1341 (relating * * to mail fraud) or section 1343 (relating to wire fraud) affecting a * * financial institution, section 1344 (relating to bank fraud),"; * * (2) in subsection (a)(2) and in subsection (b), by striking * * "transportation" each place it appears and inserting * * "transportation, transmission, or transfer"; * * (3) in subsection (a)(3), by striking "represented by a law * * enforcement officer" and inserting "represented"; and * * (4) in subsection (c)(7)(E), by striking the period that follows a* * period. * *SEC. 3013. AMENDMENTS TO PART V OF TITLE 18. * * Part V of title 18, United States Code, is amended- * * (1) by inserting after the heading for such part the following: * * "CHAPTER 601-IMMUNITY OF WITNESSES"; * * (2) in section 6001(1)- * * (A) by striking "Atomic Energy Commission" and inserting * * "Nuclear Regulatory Commission"; and * * (B) by striking "the Subversive Activities Control Board," * * (3) by striking "part" the first place it appears and inserting * * "chapter"; and * * (4) by striking "part" each other place it appears and inserting * * "title". * *TITLE XXXI-DRIVER'S PRIVACY PROTECTION ACT * *SEC. 3101. SHORT TITLE; PURPOSE. * * (a) SHORT TITLE.-THIS TITLE MAY BE CITED AS THE "DRIVER'S PRIVACY * *PROTECTION ACT OF 1993". * * (B) PURPOSE.-THE PURPOSE OF THIS TITLE IS TO PROTECT THE PERSONAL * *PRIVACY AND SAFETY OF LICENSED DRIVERS CONSISTENT WITH THE LEGITIMATE * *NEEDS OF BUSINESS AND GOVERNMENT. * *SEC. 3102. AMENDMENT TO TITLE 18, UNITED STATES CODE. * * Title 18 of the United States Code is amended by inserting immediately* *after chapter 121, the following new chapter: * *"CHAPTER 122-PROHIBITION ON RELEASE OF CERTAIN PERSONAL INFORMATION * *"Sec. 2720. Prohibition on release and use of certain personal * *information by States, organizations and persons. * *"Sec. 2721. Definitions. * *"Sec. 2722. Penalties. * *"Sec. 2723. Effect on State and local laws. * *"2720. Prohibition on release and use of certain personal information by* *States, organizations and persons * * "(a) IN GENERAL.-(1) EXCEPT AS PROVIDED IN PARAGRAPH (2), NO * *DEPARTMENT OF MOTOR VEHICLES OF ANY STATE, OR ANY OFFICER OR EMPLOYEE * *THEREOF, SHALL DISCLOSE OR OTHERWISE MAKE AVAILABLE TO ANY PERSON OR * *ORGANIZATION PERSONAL INFORMATION ABOUT ANY INDIVIDUAL OBTAINED BY THE * *DEPARTMENT IN CONNECTION WITH A MOTOR VEHICLE OPERATOR'S PERMIT, MOTOR * *VEHICLE TITLE, IDENTIFICATION CARD, OR MOTOR VEHICLE REGISTRATION * *(ISSUED BY THE DEPARTMENT TO THAT INDIVIDUAL), UNLESS SUCH DISCLOSURE IS* *AUTHORIZED BY THAT INDIVIDUAL. * * "(2) A DEPARTMENT OF MOTOR VEHICLES OF A STATE, OR OFFICER OR EMPLOYEE* *THEREOF, MAY DISCLOSE OR OTHERWISE MAKE AVAILABLE PERSONAL INFORMATION * *REFERRED TO IN PARAGRAPH (1) FOR ANY OF THE FOLLOWING ROUTINE USES: * * "(A) FOR THE USE OF ANY FEDERAL, STATE OR LOCAL COURT IN * * CARRYING OUT ITS FUNCTIONS. * * "(B) FOR THE USE OF ANY FEDERAL, STATE OR LOCAL AGENCY IN * * CARRYING OUT ITS FUNCTIONS, INCLUDING A LAW ENFORCEMENT AGENCY. * * "(C) FOR THE USE IN CONNECTION WITH MATTERS OF AUTOMOBILE * * SAFETY, DRIVER SAFETY, AND MANUFACTURERS OF MOTOR VEHICLES * * ISSUING NOTIFICATION FOR PURPOSES OF ANY RECALL OR PRODUCT * * ALTERATION. * * "(D) FOR THE USE IN ANY CIVIL OR CRIMINAL PROCEEDING IN ANY * * FEDERAL, STATE, OR LOCAL COURT, IF THE CASE INVOLVES A MOTOR * * VEHICLE, OR IF THE REQUEST IS PURSUANT TO AN ORDER OF A COURT OF* * COMPETENT JURISDICTION. * * "(E) FOR USE IN RESEARCH ACTIVITIES, IF SUCH INFORMATION WILL * * NOT BE USED TO CONTACT THE INDIVIDUAL AND THE INDIVIDUAL IS NOT * * IDENTIFIED OR ASSOCIATED WITH THE REQUESTED PERSONAL * * INFORMATION. * * "(F) FOR USE IN MARKETING ACTIVITIES IF- * * "(I) THE MOTOR VEHICLE DEPARTMENT HAS PROVIDED THE * * INDIVIDUAL WITH REGARD TO WHOM THE INFORMATION IS REQUESTED * * WITH THE OPPORTUNITY, IN A CLEAR AND CONSPICUOUS MANNER, TO * * PROHIBIT A DISCLOSURE OF SUCH INFORMATION FOR MARKETING * * ACTIVITIES; * * "(II) THE INFORMATION WILL BE USED, RENTED, OR SOLD SOLELY* * FOR A PERMISSIBLE USE UNDER THIS CHAPTER, INCLUDING * * MARKETING ACTIVITIES; AND * * "(III) ANY PERSON OBTAINING SUCH INFORMATION FROM A MOTOR * * VEHICLE DEPARTMENT FOR MARKETING PURPOSES KEEPS COMPLETE * * RECORDS IDENTIFYING ANY PERSON TO WHOM, AND THE PERMISSIBLE * * PURPOSE FOR WHICH, THEY SELL OR RENT THE INFORMATION AND * * PROVIDES SUCH RECORDS TO THE MOTOR VEHICLE DEPARTMENT UPON * * REQUEST. * * "(G) FOR USE BY ANY INSURER OR INSURANCE SUPPORT ORGANIZATION,* * OR THEIR EMPLOYEES, AGENTS, AND CONTRACTORS, IN CONNECTION WITH * * CLAIMS INVESTIGATION ACTIVITIES AND ANTIFRAUD ACTIVITIES. * * "(H) FOR USE BY ANY ORGANIZATION, OR ITS AGENT, IN CONNECTION * * WITH A BUSINESS TRANSACTION, WHEN THE PURPOSE IS TO VERIFY THE * * ACCURACY OF PERSONAL INFORMATION SUBMITTED TO THAT BUSINESS OR * * AGENT BY THE PERSON TO WHOM SUCH INFORMATION PERTAINS, OR, IF * * THE INFORMATION SUBMITTED IS NOT ACCURATE, TO OBTAIN CORRECT * * INFORMATION FOR THE PURPOSE OF PURSING REMEDIES AGAINST A PERSON* * WHO PRESENTED A CHECK OR SIMILAR ITEM THAT WAS NOT HONORED. * * "(I) FOR USE BY ANY ORGANIZATION, IF SUCH ORGANIZATION * * CERTIFIES, UPON PENALTY OF PERJURY, THAT IT HAS OBTAINED A * * STATEMENT FROM THE PERSON TO WHOM THE INFORMATION PERTAINS * * AUTHORIZING THE DISCLOSURE OF SUCH INFORMATION UNDER THIS * * CHAPTER. * * "(J) FOR USE BY AN EMPLOYER OR THE AGENT OF AN EMPLOYER TO * * OBTAIN OR VERIFY INFORMATION RELATING TO A HOLDER OF A * * COMMERCIAL DRIVER'S LICENSE THAT IS REQUIRED UNDER THE * * COMMERCIAL MOTOR VEHICLE SAFETY ACT OF 1986 (49 U.S.C. APP. 2701* * ET SEQ.). * * "(B) UNLAWFUL CONDUCT BY ANY PERSON OR ORGANIZATION.-NO PERSON OR * *ORGANIZATION SHALL- * * "(1) USE ANY PERSONAL INFORMATION, ABOUT AN INDIVIDUAL REFERRED TO* * IN SUBSECTION (A), OBTAINED FROM A MOTOR VEHICLE DEPARTMENT OF ANY * * STATE, OR ANY OFFICER OR EMPLOYEE THEREOF, OR OTHER PERSON FOR ANY * * PURPOSE OTHER THAN THE PURPOSE FOR WHICH SUCH PERSONAL INFORMATION * * WAS INITIALLY DISCLOSED OR OTHERWISE MADE AVAILABLE BY THE * * DEPARTMENT OF MOTOR VEHICLES OF THE AFFECTED STATE, OR ANY OFFICER * * OR EMPLOYEE THEREOF, OR OTHER PERSON, UNLESS AUTHORIZED BY THAT * * INDIVIDUAL; OR * * "(2) MAKE ANY FALSE REPRESENTATION TO OBTAIN PERSONAL INFORMATION,* * ABOUT AN INDIVIDUAL REFERRED TO IN SUBSECTION (A), FROM A DEPARTMENT* * OF MOTOR VEHICLES OF ANY STATE, OR OFFICER OR EMPLOYEE THEREOF, OR * * FROM ANY OTHER PERSON. * *"2721. Definitions * * "As used in this chapter: * * "(1) The term 'personal information' is information that * * identifies an individual, including an individual's photograph, * * driver's identification number, name, address, telephone number, * * social security number, and medical and disability information. Such* * term does not include information on vehicular accidents, driving * * violations, and driver's status. * * "(2) The term 'person' means any individual. * * "(3) The term 'State' means each of the several States, District * * of Columbia, Commonwealth of Puerto Rico, Virgin Islands, Guam, * * American Samoa, and the Commonwealth of the Northern Mariana * * Islands. * * "(4) The term 'organization' means any person other than an * * individual, including but not limited to, a corporation, * * association, institution, a car rental agency, employer, and * * insurers, insurance support organization, and their employees, * * agents, or contractors. Such term does not include a Federal, State * * or local agency or entity thereof. * *"2722. Penalties * * "(a) WILLFUL VIOLATIONS.- * * "(1) ANY PERSON WHO WILLFULLY VIOLATES THIS CHAPTER SHALL BE FINED* * UNDER THIS TITLE, OR IMPRISONED FOR A PERIOD NOT EXCEEDING 12 * * MONTHS, OR BOTH. * * "(2) ANY ORGANIZATION WHO WILLFULLY VIOLATES THIS CHAPTER SHALL BE* * FINED UNDER THIS TITLE. * * "(B) VIOLATIONS BY STATE DEPARTMENT OF MOTOR VEHICLES.-ANY STATE * *DEPARTMENT OF MOTOR VEHICLES WHICH WILLFULLY VIOLATES THIS CHAPTER SHALL* *BE SUBJECT TO A CIVIL PENALTY IMPOSED BY THE ATTORNEY GENERAL IN THE * *AMOUNT OF $5,000. EACH DAY OF CONTINUED NONCOMPLIANCE SHALL CONSTITUTE A* *SEPARATE VIOLATION. * *"2723. Effect on State and local laws * * "The provisions of this chapter shall supersede only those provisions * *of law of any State or local government which would require or permit * *the disclosure or use of personal information which is otherwise * *prohibited by this chapter.". * *SEC. 3103. EFFECTIVE DATE. * * The amendments made by this title shall take effect upon the * *expiration of the 270-day period following the date of its enactment. * *TITLE XXXII-VIOLENCE AGAINST WOMEN; SAFE STREETS FOR WOMEN * *SEC. 3201. VIOLENCE AGAINST WOMEN; SHORT TITLE. * * Titles XXXII through XXXVII may be cited as the "Violence Against * *Women Act of 1993". * *SEC. 3202. SAFE STREETS FOR WOMEN; SHORT TITLE. * * This title may be cited as the "Safe Streets for Women Act of 1993". * *Subtitle A-Federal Penalties for Sex Crimes * *SEC. 3211. REPEAT OFFENDERS. * * (a) IN GENERAL.-CHAPTER 109A OF TITLE 18, UNITED STATES CODE, IS * *AMENDED BY ADDING AT THE END THE FOLLOWING NEW SECTION: * *"2247. Repeat offenders * * "Any person who violates a provision of this chapter, after one or * *more prior convictions for an offense punishable under this chapter, or * *after one or more prior convictions under the laws of any State or * *foreign country relating to aggravated sexual abuse, sexual abuse, or * *abusive sexual contact have become final, is punishable by a term of * *imprisonment up to twice that otherwise authorized.". * * (b) RECOMMENDATION BY THE SENTENCING COMMISSION.-THE SENTENCING * *COMMISSION SHALL IMPLEMENT THE AMENDMENT MADE BY SUBSECTION (A) BY * *RECOMMENDING TO THE CONGRESS AMENDMENTS, IF APPROPRIATE, IN THE * *SENTENCING GUIDELINES APPLICABLE TO CHAPTER 109A OFFENSES. * * (C) CHAPTER ANALYSIS.-The chapter analysis for chapter 109A of title * *18, United States Code, is amended by adding at the end the following * *new item: * *"2247. Repeat offenders.". * *SEC. 3212. FEDERAL PENALTIES. * * (a) AMENDMENT OF SENTENCING GUIDELINES.-PURSUANT TO ITS AUTHORITY * *UNDER SECTION 994(P) OF TITLE 28, UNITED STATES CODE, THE UNITED STATES * *SENTENCING COMMISSION SHALL REVIEW AND AMEND, WHERE NECESSARY, ITS * *SENTENCING GUIDELINES ON AGGRAVATED SEXUAL ABUSE UNDER SECTION 2241 OF * *TITLE 18, UNITED STATES CODE, OR SEXUAL ABUSE UNDER SECTION 2242 OF * *TITLE 18, UNITED STATES CODE, AS FOLLOWS: * * (1) THE COMMISSION SHALL REVIEW AND RECOMMEND AMENDMENTS TO THE * * GUIDELINES, IF APPROPRIATE, TO ENHANCE PENALTIES IF MORE THAN 1 * * OFFENDER IS INVOLVED IN THE OFFENSE. * * (2) THE COMMISSION SHALL REVIEW AND RECOMMEND AMENDMENTS TO THE * * GUIDELINES, IF APPROPRIATE, TO REDUCE UNWARRANTED DISPARITIES * * BETWEEN THE SENTENCES FOR SEX OFFENDERS WHO ARE KNOWN TO THE VICTIM * * AND SENTENCES FOR SEX OFFENDERS WHO ARE NOT KNOWN TO THE VICTIM. * * (3) THE COMMISSION SHALL REVIEW AND RECOMMEND AMENDMENTS TO THE * * GUIDELINES TO ENHANCE PENALTIES, IF APPROPRIATE, TO RENDER FEDERAL * * PENALTIES ON FEDERAL TERRITORY COMMENSURATE WITH PENALTIES FOR * * SIMILAR OFFENSES IN THE STATES. * * (4) THE COMMISSION SHALL REVIEW AND RECOMMEND AMENDMENTS TO THE * * GUIDELINES, IF APPROPRIATE, TO ACCOUNT FOR THE GENERAL PROBLEM OF * * RECIDIVISM IN CASES OF SEX OFFENSES, THE SEVERITY OF THE OFFENSE, * * AND ITS DEVASTATING EFFECTS ON SURVIVORS. * * (B) REPORT.-NOT LATER THAN 180 DAYS AFTER THE DATE OF ENACTMENT OF * *THIS ACT, THE UNITED STATES SENTENCING COMMISSION SHALL REVIEW AND * *SUBMIT TO CONGRESS A REPORT CONTAINING AN ANALYSIS OF FEDERAL RAPE * *SENTENCING, ACCOMPANIED BY COMMENT FROM INDEPENDENT EXPERTS IN TES CODE, IS* *AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING: * *"2248. Mandatory restitution * * "(a) IN GENERAL.-NOTWITHSTANDING THE TERMS OF SECTION 3663 OF THIS * *TITLE, AND IN ADDITION TO ANY OTHER CIVIL OR CRIMINAL PENALTY AUTHORIZED* *BY LAW, THE COURT SHALL ORDER RESTITUTION FOR ANY OFFENSE UNDER THIS * *CHAPTER. * * "(B) SCOPE AND NATURE OF ORDER.-(1) THE ORDER OF RESTITUTION UNDER * *THIS SECTION SHALL DIRECT THAT- * * "(A) THE DEFENDANT PAY TO THE VICTIM (THROUGH THE APPROPRIATE * * COURT MECHANISM) THE FULL AMOUNT OF THE VICTIM'S LOSSES AS * * DETERMINED BY THE COURT, PURSUANT TO PARAGRAPH (2); AND * * "(B) THE UNITED STATES ATTORNEY ENFORCE THE RESTITUTION ORDER BY * * ALL AVAILABLE AND REASONABLE MEANS. * * "(2) FOR PURPOSES OF THIS SUBSECTION, THE TERM 'FULL AMOUNT OF THE * *VICTIM'S LOSSES' INCLUDES ANY COSTS INCURRED BY THE VICTIM FOR- * * "(A) MEDICAL SERVICES RELATING TO PHYSICAL, PSYCHIATRIC, OR * * PSYCHOLOGICAL CARE; * * "(B) PHYSICAL AND OCCUPATIONAL THERAPY OR REHABILITATION; * * "(C) NECESSARY TRANSPORTATION, TEMPORARY HOUSING, AND CHILD CARE * * EXPENSES; * * "(D) LOST INCOME; * * "(E) ATTORNEYS' FEES, EXPERT WITNESS AND INVESTIGATORS' FEES, * * INTERPRETIVE SERVICES, AND COURT COSTS; AND * * "(F) ANY OTHER LOSSES SUFFERED BY THE VICTIM AS A PROXIMATE RESULT* * OF THE OFFENSE. * * "(3) RESTITUTION ORDERS UNDER THIS SECTION ARE MANDATORY. A COURT MAY * *NOT DECLINE TO ISSUE AN ORDER UNDER THIS SECTION BECAUSE OF- * * "(A) THE ECONOMIC CIRCUMSTANCES OF THE DEFENDANT; OR * * "(B) THE FACT THAT A VICTIM HAS, OR IS ENTITLED TO, RECEIVE * * COMPENSATION FOR HIS OR HER INJURIES FROM THE PROCEEDS OF INSURANCE * * OR ANY OTHER SOURCE. * * "(4)(A) NOTWITHSTANDING THE TERMS OF PARAGRAPH (3), THE COURT MAY TAKE* *INTO ACCOUNT THE ECONOMIC CIRCUMSTANCES OF THE DEFENDANT IN DETERMINING * *THE MANNER IN WHICH AND THE SCHEDULE ACCORDING TO WHICH THE RESTITUTION * *IS TO BE PAID. * * "(B) FOR PURPOSES OF THIS PARAGRAPH, THE TERM 'ECONOMIC CIRCUMSTANCES'* *INCLUDES- * * "(I) THE FINANCIAL RESOURCES AND OTHER ASSETS OF THE DEFENDANT; * * "(II) PROJECTED EARNINGS, EARNING CAPACITY, AND OTHER INCOME OF * * THE DEFENDANT; AND * * "(III) ANY FINANCIAL OBLIGATIONS OF THE DEFENDANT, INCLUDING * * OBLIGATIONS TO DEPENDENTS. * * "(C) AN ORDER UNDER THIS SECTION MAY DIRECT THE DEFENDANT TO MAKE A * *SINGLE LUMP-SUM PAYMENT OR PARTIAL PAYMENTS AT SPECIFIED INTERVALS. THE * *ORDER SHALL ALSO PROVIDE THAT THE DEFENDANT'S RESTITUTIONARY OBLIGATION * *TAKES PRIORITY OVER ANY CRIMINAL FINE ORDERED. * * "(D) IN THE EVENT THAT THE VICTIM HAS RECOVERED FOR ANY AMOUNT OF LOSS* *THROUGH THE PROCEEDS OF INSURANCE OR ANY OTHER SOURCE, THE ORDER OF * *RESTITUTION SHALL PROVIDE THAT RESTITUTION BE PAID TO THE PERSON WHO * *PROVIDED THE COMPENSATION, BUT THAT RESTITUTION SHALL BE PAID TO THE * *VICTIM FOR THE VICTIM'S OTHER LOSSES BEFORE ANY RESTITUTION IS PAID TO * THE DEFENDANT; * * "(II) PROJECTED EARNINGS, EARNING CAPACITY, AND OTHER INCOME OF * * THE DEFENDANT; AND * * "(III) ANY FINANCIAL OBLIGATIONS OF THE DEFENDANT, INCLUDING * * OBLIGATIONS TO DEPENDENTS. * * "(C) AN ORDER UNDER THIS SECTION MAY DIRECT THE DEFENDANT TO MAKE A * *SINGLE LUMP-SUM PAYMENT OR PARTIAL PAYMENTS AT SPECIFIED INTERVALS. THE * *ORDER SHALL ALSO PROVIDE THAT THE DEFENDANT'S RESTITUTIONARY OBLIGATION * *TAKES PRIORITY OVER ANY CRIMINAL FINE ORDERED. * * "(D) IN THE EVENT THAT THE VICTIM HAS RECOVERED FOR ANY AMOUNT OF LOSS* *THROUGH THE PROCEEDS OF INSURANCE OR ANY OTHER SOURCE, THE ORDER OF * *RESTITUTION SHALL PROVIDE THAT RESTITUTION BE PAID TO THE PERSON WHO * *PROVIDED THE COMPENSATION, BUT THAT RESTITUTION SHALL BE PAID TO THE * *VICTIM FOR THE VICTIM'S OTHER LOSSES BEFORE ANY RESTITUTION IS PAID TO * *ANY OTHER PROVIDER OF COMPENSATION. * * "(5) ANY AMOUNT PAID TO A VICTIM UNDER THIS SECTION SHALL BE SET OFF * *AGAINST ANY AMOUNT LATER RECOVERED AS COMPENSATORY DAMAGES BY THE VICTIM* *FROM THE DEFENDANT IN- * * "(A) ANY FEDERAL CIVIL PROCEEDING; AND * * "(B) ANY STATE CIVIL PROCEEDING, TO THE EXTENT PROVIDED BY THE LAW* * OF THE STATE. * * "(C) PROOF OF CLAIM.-(1) WITHIN 60 DAYS AFTER CONVICTION AND, IN ANY * *EVENT, NO LATER THAN 10 DAYS PRIOR TO SENTENCING, THE UNITED STATES * *ATTORNEY (OR THE UNITED STATES ATTORNEY'S DELEGEE), AFTER CONSULTING * *WITH THE VICTIM, SHALL PREPARE AND FILE AN AFFIDAVIT WITH THE COURT * *LISTING THE AMOUNTS SUBJECT TO RESTITUTION UNDER THIS SECTION. THE * *AFFIDAVIT SHALL BE SIGNED BY THE UNITED STATES ATTORNEY (OR THE UNITED * *STATES ATTORNEY'S DELEGEE) AND THE VICTIM. SHOULD THE VICTIM OBJECT TO * *ANY OF THE INFORMATION INCLUDED IN THE AFFIDAVIT, THE UNITED STATES * *ATTORNEY (OR THE UNITED STATES ATTORNEY'S DELEGEE) SHALL ADVISE THE * *VICTIM THAT THE VICTIM MAY FILE A SEPARATE AFFIDAVIT AND SHALL PROVIDE * *THE VICTIM WITH AN AFFIDAVIT FORM WHICH MAY BE USED TO DO SO. * * "(2) IF NO OBJECTION IS RAISED BY THE DEFENDANT, THE AMOUNTS ATTESTED * *TO IN THE AFFIDAVIT FILED PURSUANT TO SUBSECTION (1) SHALL BE ENTERED IN* *THE COURT'S RESTITUTION ORDER. IF OBJECTION IS RAISED, THE COURT MAY * *REQUIRE THE VICTIM OR THE UNITED STATES ATTORNEY (OR THE UNITED STATES * *ATTORNEY'S DELEGEE) TO SUBMIT FURTHER AFFIDAVITS OR OTHER SUPPORTING * *DOCUMENTS, DEMONSTRATING THE VICTIM'S LOSSES. * * "(3) IF THE COURT CONCLUDES, AFTER REVIEWING THE SUPPORTING * *DOCUMENTATION AND CONSIDERING THE DEFENDANT'S OBJECTIONS, THAT THERE IS * *A SUBSTANTIAL REASON FOR DOUBTING THE AUTHENTICITY OR VERACITY OF THE * *RECORDS SUBMITTED, THE COURT MAY REQUIRE ADDITIONAL DOCUMENTATION OR * *HEAR TESTIMONY ON THOSE QUESTIONS. ANY RECORDS FILED, OR TESTIMONY * *HEARD, PURSUANT TO THIS SECTION, SHALL BE IN CAMERA IN THE JUDGE'S * *CHAMBERS. * * "(4) IN THE EVENT THAT THE VICTIM'S LOSSES ARE NOT ASCERTAINABLE 10 * *DAYS PRIOR TO SENTENCING AS PROVIDED IN SUBSECTION (C)(1), THE UNITED * *STATES ATTORNEY (OR THE UNITED STATES ATTORNEY'S DELEGEE) SHALL SO * *INFORM THE COURT, AND THE COURT SHALL SET A DATE FOR THE FINAL * *DETERMINATION OF THE VICTIM'S LOSSES, NOT TO EXCEED 90 DAYS AFTER * *SENTENCING. IF THE VICTIM SUBSEQUENTLY DISCOVERS FURTHER LOSSES, THE * *VICTIM SHALL HAVE 60 DAYS AFTER DISCOVERY OF THOSE LOSSES IN WHICH TO * *PETITION THE COURT FOR AN AMENDED RESTITUTION ORDER. SUCH ORDER MAY BE * *GRANTED ONLY UPON A SHOWING OF GOOD CAUSE FOR THE FAILURE TO INCLUDE * *SUCH LOSSES IN THE INITIAL CLAIM FOR RESTITUTIONARY RELIEF. * * "(D) DEFINITIONS.-FOR PURPOSES OF THIS SECTION, THE TERM 'VICTIM' * *INCLUDES THE INDIVIDUAL HARMED AS A RESULT OF A COMMISSION OF A CRIME * *UNDER THIS CHAPTER, INCLUDING, IN THE CASE OF A VICTIM WHO IS UNDER 18 * *YEARS OF AGE, INCOMPETENT, INCAPACITATED, OR DECEASED, THE LEGAL * *GUARDIAN OF THE VICTIM OR REPRESENTATIVE OF THE VICTIM'S ESTATE, ANOTHER* *FAMILY MEMBER, OR ANY OTHER PERSON APPOINTED AS SUITABLE BY THE COURT: * *Provided, That in no event shall the defendant be named as such * *representative or guardian.". * * (2) TABLE OF SECTIONS.-THE TABLE OF SECTIONS FOR CHAPTER 109A OF TITLE* *18, UNITED STATES CODE, IS AMENDED BY ADDING AT THE END THEREOF THE * *FOLLOWING: *