* "(C) SPECIAL COURT.-(1) THE CHIEF JUSTICE OF THE UNITED STATES SHALL * *PUBLICLY DESIGNATE UP TO 7 JUDGES FROM UP TO 7 UNITED STATES JUDICIAL * *DISTRICTS TO HEAR AND DECIDE CASES ARISING UNDER THIS SECTION, IN A * *MANNER CONSISTENT WITH THE DESIGNATION OF JUDGES DESCRIBED IN SECTION * *103(A) OF THE FOREIGN INTELLIGENCE SURVEILLANCE ACT (50 U.S.C. 1803(A)).* * "(2) THE CHIEF JUSTICE MAY, IN THE CHIEF JUSTICE'S DISCRETION, * *DESIGNATE THE SAME JUDGES UNDER THIS SECTION AS ARE DESIGNATED PURSUANT * *TO SECTION 1803(A) OF TITLE 50, UNITED STATES CODE. * * "(D) INVOCATION OF SPECIAL COURT PROCEDURE.-(1) WHEN THE ATTORNEY * *GENERAL MAKES THE APPLICATION DESCRIBED IN SUBSECTION (B), A SINGLE * *JUDGE OF THE SPECIAL COURT SHALL CONSIDER THE APPLICATION IN CAMERA AND * *EX PARTE. * * "(2) THE JUDGE SHALL INVOKE THE PROCEDURES OF SUBSECTION (E), IF THE * *JUDGE DETERMINES THAT THERE IS PROBABLE CAUSE TO BELIEVE THAT- * * "(A) THE ALIEN WHO IS THE SUBJECT OF THE APPLICATION HAS BEEN * * CORRECTLY IDENTIFIED; * * "(B) A DEPORTATION PROCEEDING DESCRIBED IN SECTION 242, 242A, OR * * 242B WOULD POSE A RISK TO THE NATIONAL SECURITY OF THE UNITED STATES* * BECAUSE SUCH PROCEEDINGS WOULD DISCLOSE CLASSIFIED INFORMATION; AND * * "(C) THE THREAT POSED BY THE ALIEN'S PHYSICAL PRESENCE IS * * IMMEDIATE AND INVOLVES THE RISK OF DEATH OR SERIOUS BODILY HARM. * * "(E) SPECIAL REMOVAL HEARING.-(1) EXCEPT AS PROVIDED IN PARAGRAPH (4),* *THE SPECIAL REMOVAL HEARING AUTHORIZED BY A SHOWING OF PROBABLE CAUSE * *DESCRIBED IN SUBSECTION (D)(2) SHALL BE OPEN TO THE PUBLIC. * * "(2) THE ALIEN SHALL HAVE A RIGHT TO BE PRESENT AT SUCH HEARING AND TO* *BE REPRESENTED BY COUNSEL. ANY ALIEN FINANCIALLY UNABLE TO OBTAIN * *COUNSEL SHALL BE ENTITLED TO HAVE COUNSEL ASSIGNED TO REPRESENT SUCH * *ALIEN. COUNSEL MAY BE APPOINTED AS DESCRIBED IN SECTION 3006A OF TITLE * *18, UNITED STATES CODE. * * "(3) THE ALIEN SHALL HAVE A RIGHT TO INTRODUCE EVIDENCE ON HIS OWN * *BEHALF, AND EXCEPT AS PROVIDED IN PARAGRAPH (4), SHALL HAVE A RIGHT TO * *CROSS-EXAMINE ANY WITNESS OR REQUEST THAT THE JUDGE ISSUE A SUBPOENA FOR* *THE PRESENCE OF A NAMED WITNESS. * * "(4) THE JUDGE SHALL AUTHORIZE THE INTRODUCTION IN CAMERA AND EX PARTE* *OF ANY ITEM OF EVIDENCE FOR WHICH THE JUDGE DETERMINES THAT PUBLIC * *DISCLOSURE WOULD POSE A RISK TO THE NATIONAL SECURITY OF THE UNITED * *STATES BECAUSE IT WOULD DISCLOSE CLASSIFIED INFORMATION. * * "(5) WITH RESPECT TO ANY EVIDENCE DESCRIBED IN PARAGRAPH (4), THE * *JUDGE SHALL CAUSE TO BE DELIVERED TO THE ALIEN EITHER- * * "(A)(I) THE SUBSTITUTION FOR SUCH EVIDENCE OF A STATEMENT * * ADMITTING RELEVANT FACTS THAT THE SPECIFIC EVIDENCE WOULD TEND TO * * PROVE, OR (II) THE SUBSTITUTION FOR SUCH EVIDENCE OF A SUMMARY OF * * THE SPECIFIC EVIDENCE; OR * * "(B) IF DISCLOSURE OF EVEN THE SUBSTITUTED EVIDENCE DESCRIBED IN * * SUBPARAGRAPH (A) WOULD CREATE A SUBSTANTIAL RISK OF DEATH OR SERIOUS* * BODILY HARM TO ANY PERSON, A STATEMENT INFORMING THE ALIEN THAT NO * * SUCH SUMMARY IS POSSIBLE. * * "(6) IF THE JUDGE DETERMINES- * * "(A) THAT THE SUBSTITUTED EVIDENCE DESCRIBED IN PARAGRAPH (4)(B) * * WILL PROVIDE THE ALIEN WITH SUBSTANTIALLY THE SAME ABILITY TO MAKE * * HIS DEFENSE AS WOULD DISCLOSURE OF THE SPECIFIC EVIDENCE, OR * * "(B) THAT DISCLOSURE OF EVEN THE SUBSTITUTED EVIDENCE DESCRIBED IN* * PARAGRAPH (5)(A) WOULD CREATE A SUBSTANTIAL RISK OF DEATH OR SERIOUS* * BODILY HARM TO ANY PERSON, * *THEN THE DETERMINATION OF DEPORTATION (DESCRIBED IN SUBSECTION (F)) MAY * *BE MADE PURSUANT TO THIS SECTION. * * "(F) DETERMINATION OF DEPORTATION.-(1) IF THE DETERMINATION IN * *SUBSECTION (E)(6)(A) HAS BEEN MADE, THE JUDGE SHALL, CONSIDERING THE * *EVIDENCE ON THE RECORD AS A WHOLE, REQUIRE THAT THE ALIEN BE DEPORTED IF* *THE ATTORNEY GENERAL PROVES, BY CLEAR AND CONVINCING EVIDENCE, THAT THE * *ALIEN IS SUBJECT TO DEPORTATION BECAUSE HE IS AN ALIEN AS DESCRIBED IN * *SECTION 241(A)(4)(B). * * "(2) IF THE DETERMINATION IN SUBSECTION (E)(6)(B) HAS BEEN MADE, THE * *JUDGE SHALL, CONSIDERING THE EVIDENCE RECEIVED (IN CAMERA AND * *OTHERWISE), REQUIRE THAT THE ALIEN BE DEPORTED IF THE ATTORNEY GENERAL * *PROVES, BY CLEAR, CONVINCING, AND UNEQUIVOCAL EVIDENCE, THAT THE ALIEN * *IS SUBJECT TO DEPORTATION BECAUSE HE IS AN ALIEN AS DESCRIBED IN SECTION* *241(A)(4)(B). * * "(G) APPEALS.-(1) THE ALIEN MAY APPEAL A DETERMINATION UNDER * *SUBSECTION (F) TO THE COURT OF APPEALS FOR THE FEDERAL CIRCUIT, BY * *FILING A NOTICE OF APPEAL WITH SUCH COURT WITHIN 20 DAYS OF THE * *DETERMINATION UNDER SUCH SUBSECTION. * * "(2) THE ATTORNEY GENERAL MAY APPEAL A DETERMINATION UNDER SUBSECTION * *(D), (E), OR (F) TO THE COURT OF APPEALS FOR THE FEDERAL CIRCUIT, BY * *FILING A NOTICE OF APPEAL WITH SUCH COURT WITHIN 20 DAYS OF THE * *DETERMINATION UNDER ANY ONE OF SUCH SUBSECTIONS. * * "(3) WHEN REQUESTED BY THE ATTORNEY GENERAL, THE ENTIRE RECORD OF THE * *PROCEEDING UNDER THIS SECTION SHALL BE TRANSMITTED TO THE COURT OF * *APPEALS UNDER SEAL. THE COURT OF APPEALS SHALL CONSIDER SUCH APPEAL IN * *CAMERA AND EX PARTE.". * *SEC. 5111. MANDATORY LIFE IMPRISONMENT OF PERSONS CONVICTED OF A THIRD * *VIOLENT FELONY. * * Section 3581 of title 18, United States Code, is amended by adding at * *the end the following new subsection: * * "(c) IMPRISONMENT OF CERTAIN VIOLENT FELONS.- * * "(1) DEFINITION.-In this section, 'violent felony' means a crime* * of violence (as defined in section 16) under Federal or State law * * that- * * "(A) involves the threatened use, use, or risk of use of * * physical force against the person of another; * * "(B) is punishable by a maximum term of 5 years or more; and * * "(C) is not designated as a misdemeanor by the law that * * defines the offense. * * "(2) MANDATORY LIFE IMPRISONMENT.-Notwithstanding any other * * provision of this title or any other law, in the case of a * * conviction for a Federal violent felony, the court shall sentence * * the defendant to prison for life if the defendant has been convicted* * of a violent felony on 2 or more prior occasions. * * "(3) RULE OF CONSTRUCTION.-This subsection shall not be construed * * to preclude imposition of the death penalty.". * *SEC. 5112. EFFICIENCY IN LAW ENFORCEMENT AND CORRECTIONS. * * (a) IN GENERAL.-In the administration of each grant program funded by * *appropriations authorized by this Act or by an amendment made by this * *Act, the Attorney General shall- * * (1) encourage innovative methods for the low-cost construction of * * facilities to be constructed, converted, or expanded and the * * low-cost operation of such facilities and the reduction of * * administrative costs and overhead expenses; and * * (2) give priority to the use of surplus Federal property. * * (b) ASSESSMENT OF CONSTRUCTION COMPONENTS AND DESIGNS.-Not later than * *1 year after the date of enactment of this Act, the Attorney General * *shall make an assessment of the cost efficiency and utility of using * *modular, prefabricated, precast, and pre-engineered construction * *components and designs for housing nonviolent criminals. * * (c) SENSE OF CONGRESS.-It is the sense of the Congress that in * *providing assistance to State and local governments, the Attorney * *General should emphasize the provision of technical assistance in * *implementing methods to promote cost efficiency and realization of * *savings. * *SEC. 5113. RESTRICTION ON PAYMENT OF BENEFITS TO INDIVIDUALS CONFINED BY* *COURT ORDER TO PUBLIC INSTITUTIONS PURSUANT TO VERDICTS OF NOT GUILTY BY* *REASON OF INSANITY OR OTHER MENTAL DISORDER. * * (a) Section 202(x) of the Social Security Act (42 U.S.C. 402(x)) is * *amended- * * (1) in the heading, by inserting "and Certain Other Inmates of * * Public Institutions" after "Prisoners"; * * (2) in paragraph (1) add "(A)" after "(1)"; * * (3) in paragraph (1), by inserting at the end: "(B) * * Notwithstanding any other provision of this subchapter, no monthly * * benefits shall be paid under this section or under section 423 of * * this title to any individual for any month during which such * * individual is confined in any public institution by a court order * * pursuant to a verdict that the individual is not guilty of such an * * offense by reason of insanity (or by reason of a similar finding, * * such as a mental disease, a mental defect, or mental incompetence, * * unless the payment is made directly to the public institution to * * compensate the institution for its expenses.". * * (4) in paragraph (3), by striking "any individual" and all that * * follows and inserting "any individual confined as described in * * paragraph (1) if the jail, prison, penal institution, correctional * * facility, or other public institution to which such individual is so* * confined is under the jurisdiction of such agency and the Secretary * * requires such information to carry out the provisions of this * * section.". * * (b) EFFECTIVE DATE.-THE AMENDMENTS MADE BY SUBSECTION (A) SHALL APPLY * *WITH RESPECT TO BENEFITS FOR MONTHS COMMENCING AFTER 90 DAYS AFTER THE * *DATE OF THE ENACTMENT OF THIS ACT. * *SEC. 5114. DEFINITION. * * Section 1201 of title 18, United States Code, is amended by adding at * *the end thereof the following: * * "(h) As used in this section, the term 'parent' does not include any * *person whose parental rights as to the victim of an offense under this * *section have been terminated by a final court order.". * *SEC. 5115. DRIVING WHILE INTOXICATED PROSECUTION PROGRAM. * * Section 501(b) of the Omnibus Crime Control and Safe Streets Act of * *1968 (42 U.S.C. 3751), as amended by section 621, is amended- * * (1) by striking "and" at the end of paragraph (22); * * (2) by striking the period at the end of paragraph (23) and * * inserting "; and"; and * * (3) by adding at the end the following new paragraph: * * "(24) programs for the prosecution of driving while intoxicated * * charges and the enforcement of other laws relating to alcohol use * * and the operation of motor vehicles.". * *SEC. 5116. PARENTAL ACCOUNTABILITY. * * (a) IN GENERAL.-CHAPTER 43 OF TITLE 18, UNITED STATES CODE, IS AMENDED* *BY ADDING AT THE END THE FOLLOWING NEW SECTION: * *"5043. Civil penalties for parents of certain juvenile offenders * * "(a) IN GENERAL.-(1) THE PARENT OR LEGAL GUARDIANS OF ANY JUVENILE * *CHARGED WITH ANY VIOLATION OF FEDERAL LAW SHALL ATTEND ALL COURT * *PROCEEDINGS INVOLVING THE JUVENILLE, AND * * "(2) EXCEPT AS PROVIDED IN SUBSECTION (B), THE PARENTS OR LEGAL * *GUARDIANS OF A JUVENILE WHO HAS BEEN CONVICTED OF A CRIMINAL OFFENSE * *UNDER ANY FEDERAL LAW MAY BE LIABLE TO THE UNITED STATES FOR A CIVIL * *PENALTY OF NOT MORE THAN $10,000. * * "(B) EXERCISE OF PARENTAL RESPONSIBILITY.-THE COURT MAY DECLINE TO * *ENFORCE, IF IT WOULD CAUSE UNDUE HARDSHIP, SUBSECTION (A)(1) OR TO * *IMPOSE A FINE UNDER SUBSECTION (A)(2) IF THE COURT MAKES AN AFFIRMATIVE * *DETERMINATION THAT UNDER THE CIRCUMSTANCES, THE PARENTS OR LEGAL * *GUARDIANS EXERCISED REASONABLE CARE, SUPERVISION AND CONTROL OF THE * *JUVENILE AND COUNSELED THE JUVENILE THAT CRIMINAL ACTIVITY IS NOT * *ACCEPTABLE. * * "(C) AMOUNT OF FINE.- * * "(1) MANDATORY MINIMUM.-IN NO CASE SHALL A FINE IMPOSED UNDER * * SUBSECTION (A) BE LESS THAN $100. * * "(2) FINANCIAL HARDSHIP.-IN NO CASE SHALL A FINE IMPOSED UNDER * * SUBSECTION (A) BE LESS THAN $500 UNLESS THE COURT MAKES A FINDING * * THAT A FINE IN THAT AMOUNT WOULD IMPOSE A SEVERE FINANCIAL HARDSHIP * * ON THE FAMILY OF THE PARENT OR LEGAL GUARDIANS. * * "(3) IF THE COURT DETERMINES THAT THE PARENTS OR LEGAL GUARDIANS * * ARE NOT FINANCIALLY ABLE TO PAY THE FINE IMMEDIATELY, THE COURT MAY * * SET A SCHEDULE BY WHICH THE FINE WILL BE PAID OVER TIME. * * "(D) COMMUNITY SERVICE OR PARENTING CLASSES IN LIEU OF CIVIL * *PENALTY.-A PARENT OR LEGAL GUARDIAN ORDERED TO PAY A CIVIL PENALTY UNDER* *THIS SECTION MAY PETITION THE COURT TO PERFORM SUCH COMMUNITY SERVICE OR* *ATTEND AND SUCCESSFULLY COMPLETE PARENTING CLASSES, AS THE COURT * *DETERMINES TO BE APPROPRIATE, IN LIEU OF THE CIVIL PENALTY. * * "(E) DEFINITIONS.- * * "(1) FOR THE PURPOSES OF THIS SECTION, THE TERM 'JUVENILE' MEANS * * ANY PERSON WHO IS UNDER 18 YEARS OF AGE. * * "(2) FOR THE PURPOSE OF THIS SECTION, THE TERM 'PARENT' MEANS A * * BIOLOGICAL OR CUSTODIAL PARENT WHO HAS LEGAL RESPONSIBILITY FOR THE * * JUVENILE AT THE TIME THE CRIME WAS COMMITTED.". * * (B) TECHNICAL AMENDMENT.-THE CHAPTER ANALYSIS FOR CHAPTER 403 OF TITLE* *18, UNITED STATES CODE, IS AMENDED BY ADDING AT THE END THE FOLLOWING * *NEW ITEM: * *"5043. Civil penalties for parents of certain juvenile offenders.". * *SEC. 5117. PROTECTION OF RECIPIENTS IN COUNTERTERRORISM REWARDS PROGRAM.* * (a) COUNTERTERRIORISM REWARDS PROGRAM.-Section 36(e) of the State * *Department Basic Authorities Act (22 U.S.C. 2708) is amended- * * (1) by inserting "(1)" immediately after "(e)"; and * * (2) by adding the following to the end of section 36(e): * * "(2) RELOCATION OF PROGRAM PARTICIPANTS.-(A) Whenever the * * information that would justify a reward under subsection (a) is * * furnished by an alien, and the Secretary of State and Attorney * * General jointly determine that the protection of such alien or * * members of the immediate family of the alien requires the admission * * of such alien or aliens to the United States, then such alien and * * the members of the immediate family of the alien, if necessary, may * * be admitted to the United States without regard to the requirements * * of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) and * * shall be eligible for permanent residence as provided in paragraph * * (4)(A) below. * * "(B) The total number of aliens admitted to the United States * * under subparagraph (A) shall not exceed 25 in any fiscal year. * * "(3) CONDITIONS OF ENTRY FOR REWARDS FOR PROGRAM PARTICIPANTS.-(A)* * Any alien admitted under subsection (e) who otherwise would be * * inadmissible under section 212(a)(2) or 212(a)(3) of the Immigration* * and Nationality Act (8 U.S.C. 1182) shall be admitted and permitted * * to remain in the United States on the condition that the person: (i)* * shall have executed a form that waives the alien's right to contest,* * other than on the basis of an application for withholding of * * deportation, any action for deportation of the alien instituted * * before the alien obtains lawful permanent resident status, (ii) is * * not convicted of any criminal offense in the United States since the* * date of such admission, and (iii) shall report not less often than * * quarterly to the Commissioner of the Immigration and Naturalization * * Service such information concerning the alien's whereabouts and * * activities as the Secretary of State and the Attorney General may * * require. * * "(B) The Secretary of State and the Attorney General shall submit * * a report annually to the Committees on the Judiciary of the House of* * Representatives and of the Senate concerning (i) the number of such * * aliens admitted, (ii) the number of terrorist acts prevented, * * frustrated, or thwarted or prosecutions or investigations resulting * * from cooperation of such aliens, and (iii) the number of such aliens* * who have failed to report quarterly (as required under paragraph * * (3)(A)(i)(I) or who have been convicted of crimes in the United * * States after the date of their admission. * * "(4) ADJUSTMENT TO PERMANENT RESIDENT STATUS.-(A) If, in the * * opinion of the Attorney General, in consultation with the Secretary * * of State, the alien admitted into the United States under section * * 36(e) of the State Department Basic Authorities Act has supplied * * information that has contributed to the prevention, frustration, or * * favorable resolution of a terrorist act or has substantially * * contributed to an authorized investigation or the prosecution of an * * individual described in section 36(a) (1) and (2) of such section, * * the Attorney General may adjust the status of the alien (and the * * alien's immediate relatives if admitted under such section) to that * * of an alien admitted for permanent residence if the alien is not * * described in section 212(a)(3)(E) of the Immigration and Nationality* * Act: provided further, That if the alien is subject to paragraph * * (3)(A) above, such adjustment may be made not earlier than 3 years * * after the date of admission and upon a determination by the Attorney* * General in consultation with the Secretary of State that the * * conditions of paragraph (3)(A) (i) through (iii) have been met. * * "(B) Upon the approval of adjustment of status under subparagraph * * (A), the Attorney General shall record the alien's lawful admission * * for permanent residence as of the date of such approval and the * * Secretary of State shall reduce by one the number of visas * * authorized to be issued under sections 201(d) and 203(b)(4) of the * * Immigration and Nationality Act for the fiscal year then current.". * * (b) EXCLUSIVE MEANS OF ADJUSTMENT.-SECTION 245(C) OF THE IMMIGRATION * *AND NATIONALITY ACT (8 U.S.C. 1255(C)), AS AMENDED BY SECTION 725, IS * *FURTHER AMENDED BY STRIKING "OR" BEFORE "(5)" AND BY INSERTING BEFORE * *THE PERIOD THE FOLLOWING: "; OR (6) AN ALIEN WHO WAS ADMITTED PURSUANT * *TO SECTION 36(E) OF THE STATE DEPARTMENT BASIC AUTHORITIES ACT". * * (C) EXTENDING PERIOD OF DEPORTATION FOR CONVICTION OF A CRIME.-SECTION* *241(A)(2)(A)(I)(I) OF THE IMMIGRATION AND NATIONALITY ACT (8 U.S.C. * *1251(A)(2)(A)(I)(I)), AS AMENDED BY SECTION 725, IS FURTHER AMENDED BY * *INSERTING "OR SECTION 36(E)(4)(A) OF THE STATE DEPARTMENT BASIC * *AUTHORITIES ACT" AFTER SECTION 245(H) IN THE PARENTHETICAL "(OR 10 YEARS* *IN THE CASE OF AN ALIEN PROVIDED LAWFUL PERMANENT RESIDENT STATUS UNDER * *SECTION 245(H))". * *SEC. 5118. VIOLENT CRIME AND DRUG EMERGENCY AREAS. * * (a) DEFINITION.-IN THIS SECTION, "MAJOR VIOLENT CRIME OR DRUG-RELATED * *EMERGENCY" MEANS AN OCCASION OR INSTANCE IN WHICH VIOLENT CRIME, DRUG * *SMUGGLING, DRUG TRAFFICKING, OR DRUG ABUSE VIOLENCE REACHES SUCH LEVELS,* *AS DETERMINED BY THE PRESIDENT, IN CONSULTATION WITH THE ATTORNEY * *GENERAL, THAT FEDERAL ASSISTANCE IS NEEDED TO SUPPLEMENT STATE AND LOCAL* *EFFORTS AND CAPABILITIES TO SAVE LIVES, AND TO PROTECT PROPERTY AND * *PUBLIC HEALTH AND SAFETY. * * (B) DECLARATION OF VIOLENT CRIME AND DRUG EMERGENCY AREAS.-IF A MAJOR * *VIOLENT CRIME OR DRUG-RELATED EMERGENCY EXISTS THROUGHOUT A STATE OR A * *PART OF A STATE, THE PRESIDENT, IN CONSULTATION WITH THE ATTORNEY * *GENERAL AND OTHER APPROPRIATE OFFICIALS, MAY DECLARE THE STATE OR PART * *OF A STATE TO BE A VIOLENT CRIME OR DRUG EMERGENCY AREA AND MAY TAKE ANY* *AND ALL NECESSARY ACTIONS AUTHORIZED BY THIS SECTION AND OTHER LAW. FOR * *THE PURPOSES OF THIS SECTION, THE TERM "STATE" SHALL BE DEEMED TO * *INCLUDE THE DISTRICT OF COLUMBIA AND ANY UNITED STATES TERRITORY OR * *POSSESSION. * * (C) PROCEDURE.- * * (1) IN GENERAL.-A REQUEST FOR A DECLARATION DESIGNATING AN AREA TO* * BE A VIOLENT CRIME OR DRUG EMERGENCY AREA SHALL BE MADE, IN WRITING,* * BY THE CHIEF EXECUTIVE OFFICER OF A STATE OR LOCAL GOVERNMENT, * * RESPECTIVELY (OR IN THE CASE OF THE DISTRICT OF COLUMBIA, THE * * MAYOR), AND SHALL BE FORWARDED TO THE ATTORNEY GENERAL IN SUCH FORM * * AS THE ATTORNEY GENERAL MAY BY REGULATION REQUIRE. ONE OR MORE * * CITIES, COUNTIES, STATES, OR THE DISTRICT OF COLUMBIA MAY SUBMIT A * * JOINT REQUEST FOR DESIGNATION AS A MAJOR VIOLENT CRIME OR DRUG * * EMERGENCY AREA UNDER THIS SUBSECTION. * * (2) FINDING.-A REQUEST MADE UNDER PARAGRAPH (1) SHALL BE BASED ON * * A WRITTEN FINDING THAT THE MAJOR VIOLENT CRIME OR DRUG-RELATED * * EMERGENCY IS OF SUCH SEVERITY AND MAGNITUDE THAT FEDERAL ASSISTANCE * * IS NECESSARY TO ENSURE AN EFFECTIVE RESPONSE TO SAVE LIVES AND TO * * PROTECT PROPERTY AND PUBLIC HEALTH AND SAFETY. * * (D) IRRELEVANCY OF POPULATION DENSITY.-THE PRESIDENT SHALL NOT LIMIT * *DECLARATIONS MADE UNDER THIS SECTION TO HIGHLY POPULATED CENTERS OF * *VIOLENT CRIME OR DRUG TRAFFICKING, DRUG SMUGGLING, OR DRUG USE, BUT * *SHALL ALSO CONSIDER APPLICATIONS FROM GOVERNMENTS OF LESS POPULATED * *AREAS WHERE THE MAGNITUDE AND SEVERITY OF SUCH ACTIVITIES IS BEYOND THE * *CAPABILITY OF THE STATE OR LOCAL GOVERNMENT TO RESPOND. * * (E) REQUIREMENTS.-AS PART OF A REQUEST FOR A DECLARATION UNDER THIS * *SECTION, AND AS A PREREQUISITE TO FEDERAL VIOLENT CRIME OR DRUG * *EMERGENCY ASSISTANCE UNDER THIS SECTION, THE CHIEF EXECUTIVE OFFICER OF * *A STATE OR LOCAL GOVERNMENT SHALL- * * (1) TAKE APPROPRIATE ACTION UNDER STATE OR LOCAL LAW AND FURNISH * * INFORMATION ON THE NATURE AND AMOUNT OF STATE AND LOCAL RESOURCES * * THAT HAVE BEEN OR WILL BE COMMITTED TO ALLEVIATING THE MAJOR VIOLENT* * CRIME DRUG-RELATED EMERGENCY; * * (2) SUBMIT A DETAILED PLAN OUTLINING THAT GOVERNMENT'S SHORT- AND * * LONG-TERM PLANS TO RESPOND TO THE VIOLENT CRIME OR DRUG EMERGENCY, * * SPECIFYING THE TYPES AND LEVELS OF FEDERAL ASSISTANCE REQUESTED AND * * INCLUDING EXPLICIT GOALS (INCLUDING QUANTITATIVE GOALS) AND * * TIMETABLES; AND * * (3) SPECIFY HOW FEDERAL ASSISTANCE PROVIDED UNDER THIS SECTION IS * * INTENDED TO ACHIEVE THOSE GOALS. * * (F) REVIEW PERIOD.-THE ATTORNEY GENERAL SHALL REVIEW A REQUEST * *SUBMITTED PURSUANT TO THIS SECTION, AND THE PRESIDENT SHALL DECIDE * *WHETHER TO DECLARE A VIOLENT CRIME OR DRUG EMERGENCY AREA, WITHIN 30 * *DAYS AFTER RECEIVING THE REQUEST. * * (G) FEDERAL ASSISTANCE.-THE PRESIDENT MAY- * * (1) DIRECT ANY FEDERAL AGENCY, WITH OR WITHOUT REIMBURSEMENT, TO * * UTILIZE ITS AUTHORITIES AND THE RESOURCES GRANTED TO IT UNDER * * FEDERAL LAW (INCLUDING PERSONNEL, EQUIPMENT, SUPPLIES, FACILITIES, * * FINANCIAL ASSISTANCE, AND MANAGERIAL, TECHNICAL, AND ADVISORY * * SERVICES) IN SUPPORT OF STATE AND LOCAL ASSISTANCE EFFORTS; AND * * (2) PROVIDE TECHNICAL AND ADVISORY ASSISTANCE, INCLUDING * * COMMUNICATIONS SUPPORT AND LAW ENFORCEMENT-RELATED INTELLIGENCE * * INFORMATION; AND * * (H) DURATION OF FEDERAL ASSISTANCE.- * * (1) IN GENERAL.-FEDERAL ASSISTANCE UNDER THIS SECTION SHALL NOT BE* * PROVIDED TO A VIOLENT CRIME OR DRUG EMERGENCY AREA FOR MORE THAN 1 * * YEAR. * * (2) EXTENSION.-THE CHIEF EXECUTIVE OFFICER OF A JURISDICTION MAY * * APPLY TO THE ATTORNEY GENERAL FOR AN EXTENSION OF ASSISTANCE BEYOND * * 1 YEAR. THE PRESIDENT, IN CONSULTATION WITH THE ATTORNEY GENERAL, * * MAY EXTEND THE PROVISION OF FEDERAL ASSISTANCE FOR NOT MORE THAN AN * * ADDITIONAL 180 DAYS. * * (I) REGULATIONS.-NOT LATER THAN 90 DAYS AFTER THE DATE OF THE * *ENACTMENT OF THIS ACT, THE ATTORNEY GENERAL SHALL ISSUE REGULATIONS TO * *IMPLEMENT THIS SECTION. * * (J) NO EFFECT ON EXISTING AUTHORITY.-NOTHING IN THIS SECTION SHALL * *DIMINISH OR DETRACT FROM EXISTING AUTHORITY POSSESSED BY THE PRESIDENT * *OR ATTORNEY GENERAL. * *SEC. 5119. STATE AND LOCAL COOPERATION WITH THE UNITED STATES * *IMMIGRATION AND NATURALIZATION SERVICE. * * (a) STATE AND LOCAL COOPERATION.-NOTWITHSTANDING ANY LAW, ORDINANCE OR* *REGULATION OF ANY STATE OR SUBDIVISION THEREOF TO THE CONTRARY, * *OFFICIALS OF ANY STATE OR LOCAL GOVERNMENT OR AGENCY, UPON THE REQUEST * *OF ANY DULY AUTHORIZED OFFICIAL OF THE UNITED STATES IMMIGRATION AND * *NATURALIZATION SERVICE, SHALL PROVIDE INFORMATION REGARDING THE * *IDENTIFICATION, LOCATION, ARREST, PROSECUTION, DETENTION, AND * *DEPORTATION OF AN ALIEN OR ALIENS WHO ARE NOT LAWFULLY PRESENT IN THE * *UNITED STATES. * * (B) REPORT.-NOT LATER THAN 6 MONTHS AFTER THE ENACTMENT OF THIS ACT, * *THE ATTORNEY GENERAL, IN CONCERT WITH THE COMMISSIONER OF THE * *IMMIGRATION AND NATURALIZATION SERVICE, SHALL REPORT TO THE CONGRESS AND* *THE PRESIDENT ON THE EXTENT TO WHICH STATE AND LOCAL GOVERNMENTS ARE NOT* *COOPERATING WITH THE UNITED STATES IMMIGRATION AND NATURALIZATION * *SERVICE. THIS REPORT SHALL IDENTIFY ANY STATE OR LOCAL GOVERNMENTS THAT * *HAVE ADOPTED LAWS, POLICIES OR PRACTICES OF NON-COOPERATION WITH THE * *UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE, THE SPECIFIC * *NATURE OF THOSE LAWS, POLICIES OR PRACTICES, AND THEIR IMPACT ON THE * *ENFORCEMENT OF THE IMMIGRATION LAWS. * * (C) FUNDING BASED ON COOPERATION.-NO STATE OR LOCAL GOVERNMENT OR * *AGENCY WHICH HAS BEEN IDENTIFIED IN THE ATTORNEY GENERAL'S REPORT * *REQUIRED BY THE PRECEDING PARAGRAPH, WHICH HAS A POLICY OR PRACTICE OF * *REFUSING TO COOPERATE WITH THE IMMIGRATION AND NATURALIZATION SERVICE * *REGARDING THE IDENTIFICATION, LOCATION, ARREST, PROSECUTION, DETENTION, * *OR DEPORTATION OF ALIENS WHO ARE NOT LAWFULLY PRESENT IN THE UNITED * *STATES, SHALL BE ELIGIBLE FOR ANY FEDERAL FUNDS FROM APPROPRIATIONS MADE* *PURSUANT TO A PROVISION OF THIS ACT OR OF AN AMENDMENT MADE BY THIS ACT * *AUTHORIZING APPROPRIATIONS, AS LONG AS SUCH POLICY OR PRACTICE REMAINS * *IN EFFECT. * *SEC. 5120. AMENDMENTS TO THE DEPARTMENT OF EDUCATION ORGANIZATION ACT * *AND THE NATIONAL LITERACY ACT OF 1991. * * (a) TECHNICAL AMENDMENT.-The matter preceding paragraph (1) of section* *214(d) of the Department of Education Organization Act (20 U.S.C. * *3423a(d)) is amended by striking "under subsection (a)" and inserting * *"under subsection (c)". * * (b) ESTABLISHMENT OF A PANEL AND USE OF FUNDS.-Section 601 of the * *National Literacy Act of 1991 (20 U.S.C. 1211-2) is amended by- * * (1) by redesignating subsection (g) as subsection (i); and * * (2) by inserting after subsection (f) the following new * * subsections: * * "(g) PANEL.-The Secretary is authorized to consult with and convene a * *panel of experts in correctional education, including program * *administrators and field-based professionals in adult corrections, * *juvenile services, jails, and community corrections programs, to- * * "(1) develop measures for evaluating the effectiveness of the * * programs funded under this section; and * * "(2) evaluate the effectiveness of such programs.". * * "(h) USE OF FUNDS.-Notwithstanding any other provision of law, the * *Secretary may use not more than five percent of funds appropriated under* *subsection (i) in any fiscal year to carry out grant-related activities * *such as monitoring, technical assistance, and replication and * *dissemination.". * *SEC. 5121. PREVENTION, DIAGNOSIS, AND TREATMENT OF TUBERCULOSIS IN * *CORRECTIONAL INSTITUTIONS. * * (a) GUIDELINES.-THE ATTORNEY GENERAL, IN CONSULTATION WITH THE * *SECRETARY OF HEALTH AND HUMAN SERVICES AND THE DIRECTOR OF THE NATIONAL * *INSTITUTE OF JUSTICE, SHALL DEVELOP AND DISSEMINATE TO APPROPRIATE * *ENTITIES, INCLUDING STATE AND LOCAL CORRECTIONAL INSTITUTIONS AND THE * *IMMIGRATION AND NATURALIZATION SERVICE, GUIDELINES FOR THE PREVENTION, * *DIAGNOSIS, TREATMENT, AND FOLLOWUP CARE OF TUBERCULOSIS AMONG INMATES OF* *CORRECTIONAL INSTITUTIONS AND PERSONS HELD IN HOLDING FACILITIES * *OPERATED BY OR UNDER CONTRACT WITH THE IMMIGRATION AND NATURALIZATION * *SERVICE. * * (B) COMPLIANCE.-THE ATTORNEY GENERAL SHALL ENSURE THAT PRISONS IN THE * *FEDERAL PRISON SYSTEM AND HOLDING FACILITIES OPERATED BY OR UNDER * *CONTRACT WITH THE IMMIGRATION AND NATURALIZATION SERVICE COMPLY WITH THE* *GUIDELINES DESCRIBED IN SUBSECTION (A). * * (C) GRANTS.- * * (1) IN GENERAL.-THE ATTORNEY GENERAL SHALL MAKE GRANTS TO STATE * * AND LOCAL CORRECTION AUTHORITIES AND PUBLIC HEALTH AUTHORITIES TO * * ASSIST IN ESTABLISHING AND OPERATION PROGRAMS FOR THE PREVENTION, * * DIAGNOSIS, TREATMENT, AND FOLLOWUP CARE OF TUBERCULOSIS AMONG * * INMATES OF CORRECTIONAL INSTITUTIONS. * * (2) FEDERAL SHARE.-THE FEDERAL SHARE OF FUNDING OF A PROGRAM * * FUNDED WITH A GRANT UNDER PARAGRAPH (1) SHALL NOT EXCEED 50 PERCENT.* * (3) AUTHORIZATION OF APPROPRIATIONS.-THERE IS AUTHORIZED TO BE * * APPROPRIATED $20,000,000 TO CARRY OUT THIS SECTION. * *SEC. 5122. ESTABLISHMENT OF COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE. * * The Family Violence Prevention and Services Act (42 U.S.C. 10401 et * *seq.) is amended by adding at the end the following new section: * *"SEC. 316. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES. * * "(a) IN GENERAL.-THE SECRETARY SHALL PROVIDE GRANTS TO NONPROFIT * *PRIVATE ORGANIZATIONS TO ESTABLISH PROJECTS IN LOCAL COMMUNITIES * *INVOLVING MANY SECTORS OF EACH COMMUNITY TO COORDINATE INTERVENTION AND * *PREVENTION OF DOMESTIC VIOLENCE. * * "(B) ELIGIBILITY.-TO BE ELIGIBLE FOR A GRANT UNDER THIS SECTION, AN * *ENTITY- * * "(1) SHALL BE A NONPROFIT ORGANIZATION ORGANIZED FOR THE PURPOSE * * OF COORDINATING COMMUNITY PROJECTS FOR THE INTERVENTION IN AND * * PREVENTION OF DOMESTIC VIOLENCE; * * "(2) SHALL INCLUDE REPRESENTATIVES OF PERTINENT SECTORS OF THE * * LOCAL COMMUNITY, WHICH MAY INCLUDE THE FOLLOWING- * * "(A) HEALTH CARE PROVIDERS; * * "(B) THE EDUCATION COMMUNITY; * * "(C) THE RELIGIOUS COMMUNITY; * * "(D) THE JUSTICE SYSTEM; * * "(E) DOMESTIC VIOLENCE PROGRAM ADVOCATES; * * "(F) HUMAN SERVICE ENTITIES SUCH AS STATE CHILD SERVICES * * DIVISIONS; * * "(G) BUSINESS AND CIVIC LEADERS; AND * * "(H) OTHER PERTINENT SECTORS. * * "(C) APPLICATIONS.-AN ORGANIZATION THAT DESIRES TO RECEIVE A GRANT * *UNDER THIS SECTION SHALL SUBMIT TO THE SECRETARY AN APPLICATION, IN SUCH* *FORM AND IN SUCH MANNER AS THE SECRETARY SHALL PRESCRIBE THROUGH NOTICE * *IN THE FEDERAL REGISTER, THAT- * * "(1) DEMONSTRATES THAT THE APPLICANT WILL SERVE A COMMUNITY * * LEADERSHIP FUNCTION, BRINGING TOGETHER OPINION LEADERS FROM EACH * * SECTOR OF THE COMMUNITY TO DEVELOP A COORDINATED COMMUNITY CONSENSUS* * OPPOSING DOMESTIC VIOLENCE; * * "(2) DEMONSTRATES A COMMUNITY ACTION COMPONENT TO IMPROVE AND * * EXPAND CURRENT INTERVENTION AND PREVENTION STRATEGIES THROUGH * * INCREASED COMMUNICATION AND COORDINATION AMONG ALL AFFECTED SECTORS;* * "(3) INCLUDES A COMPLETE DESCRIPTION OF THE APPLICANT'S PLAN FOR * * THE ESTABLISHMENT AND OPERATION OF THE COMMUNITY PROJECT, INCLUDING * * A DESCRIPTION OF- * * "(A) THE METHOD FOR IDENTIFICATION AND SELECTION OF AN * * ADMINISTRATIVE COMMITTEE MADE UP OF PERSONS KNOWLEDGEABLE IN * * DOMESTIC VIOLENCE TO OVERSEE THE PROJECT, HIRE STAFF, ASSURE * * COMPLIANCE WITH THE PROJECT OUTLINE, AND SECURE ANNUAL * * EVALUATION OF THE PROJECT; * * "(B) THE METHOD FOR IDENTIFICATION AND SELECTION OF PROJECT * * STAFF AND A PROJECT EVALUATOR; * * "(C) THE METHOD FOR IDENTIFICATION AND SELECTION OF A PROJECT * * COUNCIL CONSISTING OF REPRESENTATIVES OF THE COMMUNITY SECTORS * * LISTED IN SUBSECTION (B)(2); * * "(D) THE METHOD FOR IDENTIFICATION AND SELECTION OF A STEERING* * COMMITTEE CONSISTING OF REPRESENTATIVES OF THE VARIOUS COMMUNITY* * SECTORS WHO WILL CHAIR SUBCOMMITTEES OF THE PROJECT COUNCIL * * FOCUSING ON EACH OF THE SECTORS; AND * * "(E) A PLAN FOR DEVELOPING OUTREACH AND PUBLIC EDUCATION * * CAMPAIGNS REGARDING DOMESTIC VIOLENCE; AND * * "(4) CONTAINS SUCH OTHER INFORMATION, AGREEMENTS, AND ASSURANCES * * AS THE SECRETARY MAY REQUIRE. * * "(D) TERM.-A GRANT PROVIDED UNDER THIS SECTION MAY EXTEND OVER A * *PERIOD OF NOT MORE THAN 3 FISCAL YEARS. * * "(E) CONDITIONS ON PAYMENT.-PAYMENTS UNDER A GRANT UNDER THIS SECTION * *SHALL BE SUBJECT TO- * * "(1) ANNUAL APPROVAL BY THE SECRETARY; AND * * "(2) AVAILABILITY OF APPROPRIATIONS. * * "(F) GEOGRAPHICAL DISPERSION.-THE SECRETARY SHALL AWARD GRANTS UNDER * *THIS SECTION TO ORGANIZATIONS IN COMMUNITIES GEOGRAPHICALLY DISPERSED * *THROUGHOUT THE COUNTRY. * * "(G) USE OF GRANT MONIES.- * * "(1) IN GENERAL.-A GRANT MADE UNDER SUBSECTION (A) SHALL BE USED * * TO ESTABLISH AND OPERATE A COMMUNITY PROJECT TO COORDINATE * * INTERVENTION AND PREVENTION OF DOMESTIC VIOLENCE. * * "(2) REQUIREMENTS.-IN ESTABLISHING AND OPERATING A PROJECT, A * * NONPROFIT PRIVATE ORGANIZATION SHALL- * * "(A) ESTABLISH PROTOCOLS TO IMPROVE AND EXPAND DOMESTIC * * VIOLENCE INTERVENTION AND PREVENTION STRATEGIES AMONG ALL * * AFFECTED SECTORS; * * "(B) DEVELOP ACTION PLANS TO DIRECT RESPONSES WITHIN EACH * * COMMUNITY SECTOR THAT ARE IN CONJUNCTION WITH DEVELOPMENT IN ALL* * OTHER SECTORS; AND * * "(C) PROVIDE FOR PERIODIC EVALUATION OF THE PROJECT WITH A * * WRITTEN REPORT AND ANALYSIS TO ASSIST APPLICATION OF THIS * * CONCEPT IN OTHER COMMUNITIES. * * "(H) AUTHORIZATION OF APPROPRIATIONS.-THERE ARE AUTHORIZED TO BE * *APPROPRIATED TO CARRY OUT THIS SECTION- * * "(1) $20,000,000 FOR FISCAL YEAR 1995; AND * * "(2) SUCH SUMS AS ARE NECESSARY FOR FISCAL YEARS 1996, 1997, AND * * 1998, TO REMAIN AVAILABLE UNTIL EXPENDED. * *SEC. 5123. HATE CRIMES STATISTICS ACT. * * Section 1(b)(1) of the Hate Crime Statistics Act (Public Law 101-275, * *104 Stat. 140) is amended by adding "disability," after "religion,". * *SEC. 5124. PENALTIES FOR DOCUMENT FRAUD. * * (a) IN GENERAL.-SECTION 274C(3) OF THE IMMIGRATION AND NATIONALITY ACT* *(8 U.S.C. 1324C(3)) IS AMENDED- * * (1) IN SUBPARAGRAPH (A), BY STRIKING "NOT LESS THAN $250 AND NOT * * MORE THAN $2,000" AND INSERTING "NOT LESS THAN $1,000 AND NOT MORE * * THAN $5,000"; AND * * (2) IN SUBPARAGRAPH (B), BY STRIKING "NOT LESS THAN $2,000 AND * * NOT MORE THAN $5,000" AND INSERTING "NOT LESS THAN $5,000 AND NOT * * MORE THAN $10,000". * * (B) FRAUD AND MISUSE OF VISAS, PERMITS, AND OTHER DOCUMENTS.-(1) * *SECTION 1546 OF TITLE 18, UNITED STATES CODE, IS AMENDED- * * (A) IN SUBSECTION (A), BY STRIKING "NOT MORE THAN FIVE YEARS" AND * * INSERTING "NOT MORE THAN TEN YEARS"; AND * * (B) IN SUBSECTION (B), BY STRIKING "NOT MORE THAN TWO YEARS" AND * * INSERTING "NOT MORE THAN FIVE YEARS". * * (2) WHOEVER COMMITS AN OFFENSE UNDER SECTION 1546(A) OR 1546(B) OF * *TITLE 18, UNITED STATES CODE, SHALL BE FINED, IN ADDITION TO THE FINES * *PROVIDED UNDER SUCH SECTION, $10,000 OR $5,000, RESPECTIVELY. * * (C) APPLICABILITY.-THIS SECTION, AND THE AMENDMENTS MADE BY THIS * *SECTION, SHALL APPLY TO OFFENSES COMMITTED ON OR AFTER THE DATE OF * *ENACTMENT OF THIS ACT. * *SEC. 5125. USE OF ANTILOITERING LAWS TO FIGHT CRIME. * * The Attorney General shall- * * (1) study the ways in which antiloitering laws can be used, * * without violating the constitutional rights of citizens as * * enunciated by the Supreme Court, to eradicate open-air drug markets * * and other blatant criminal activity; (2) prepare a model * * antiloitering statute and guidelines for enforcing the statute in * * such a manner as to prevent, deter, and punish illegal drug activity* * and other criminal activity; and * * (3) make the results of the study and the model statute and * * guidelines available to Federal, State, and local law enforcement * * authorities. * *SEC. 5126. VICTIMS OF CHILD ABUSE PROGRAMS. * * (a) COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.- * * (1) REAUTHORIZATION.-SECTION 218(A) OF THE VICTIMS OF CHILD ABUSE * * ACT OF 1990 (42 U.S.C. 13014(A)) IS AMENDED TO READ AS FOLLOWS: * * "(A) AUTHORIZATION.-THERE ARE AUTHORIZED TO BE APPROPRIATED TO CARRY * *OUT THIS SUBTITLE- * * "(1) $7,000,000 FOR FISCAL YEAR 1995; AND * * "(2) $10,000,000 FOR EACH OF FISCAL YEARS 1996, 1997, AND 1998.". * * (2) TECHNICAL AMENDMENT.-SECTION 216 OF THE VICTIMS OF CHILD ABUSE* * ACT OF 1990 (42 U.S.C. 13012) IS AMENDED BY STRIKING "THIS CHAPTER" * * AND INSERTING "THIS SUBTITLE". * * (B) CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL PERSONNEL AND * *PRACTITIONERS.- * * (1) REAUTHORIZATION.-SECTION 224(A) OF THE VICTIMS OF CHILD ABUSE * * ACT OF 1990 (42 U.S.C. 13024(A)) IS AMENDED TO READ AS FOLLOWS: * * "(A) AUTHORIZATION.-THERE ARE AUTHORIZED TO BE APPROPRIATED TO CARRY * *OUT THIS SUBTITLE- * * "(1) $7,000,000 FOR FISCAL YEAR 1995; AND * * "(2) $10,000,000 FOR EACH OF FISCAL YEARS 1996, 1997, AND 1998.". * * (2) TECHNICAL AMENDMENT.-SECTION 221(B) OF THE VICTIMS OF CHILD * * ABUSE ACT OF 1990 (42 U.S.C. 13021(B)) IS AMENDED BY STRIKING "THIS * * CHAPTER" AND INSERTING "THIS SUBTITLE". * * (C) GRANTS FOR TELEVISED TESTIMONY.-TITLE I OF THE OMNIBUS CRIME * *CONTROL AND SAFE STREETS ACT OF 1968 IS AMENDED- * * (1) BY AMENDING SECTION 1001(A)(7) (42 U.S.C. 3793(A)(7)) TO READ * * AS FOLLOWS: * * "(7) THERE ARE AUTHORIZED TO BE APPROPRIATED TO CARRY OUT PART N- * * "(A) $3,500,000 FOR FISCAL YEAR 1995; AND * * "(B) $5,000,000 FOR EACH OF FISCAL YEARS 1996, 1997, AND 1998."; * * (2) IN SECTION 1401 (42 U.S.C. 3796AA) BY STRIKING "AND UNITS OF * * LOCAL GOVERNMENT" AND INSERTING ", UNITS OF LOCAL GOVERNMENT, AND * * OTHER PUBLIC AND PRIVATE ORGANIZATIONS"; * * (3) IN SECTION 1402 (42 U.S.C. 3796AA-1) BY STRIKING "TO STATES, * * FOR THE USE OF STATES AND UNITS OF LOCAL GOVERNMENT IN THE STATES"; * * (4) IN SECTION 1403 (42 U.S.C. 3796AA-2)- * * (A) BY INSERTING ", UNIT OF LOCAL GOVERNMENT, OR OTHER PUBLIC * * OR PRIVATE ORGANIZATION" AFTER "OF A STATE"; AND * * (B) IN PARAGRAPHS (3) AND (4) BY INSERTING "IN THE CASE OF AN * * APPLICATION BY A STATE," BEFORE "AN ASSURANCE"; * * (5) BY STRIKING SECTION 1405 (42 U.S.C. 3796AA-4); AND * * (6) IN THE TABLE OF CONTENTS BY STRIKING THE ITEM FOR SECTION * * 1405. * *SEC. 5127. LAW DAY U.S.A. * * (a) FINDINGS.-CONGRESS FINDS THAT- * * (1) THE FIRST DAY OF MAY OF EACH YEAR HAS BEEN DESIGNATED AS "LAW * * DAY U.S.A." AND SET ASIDE AS A SPECIAL DAY TO ADVANCE EQUALITY AND * * JUSTICE UNDER LAW, TO ENCOURAGE CITIZEN SUPPORT FOR LAW ENFORCEMENT * * AND LAW OBSERVANCE, AND TO FOSTER RESPECT FOR LAW AND AN * * UNDERSTANDING OF THE ESSENTIAL PLACE OF LAW IN THE LIFE OF EVERY * * CITIZEN OF THE UNITED STATES; * * (2) EACH DAY, POLICE OFFICERS AND OTHER LAW ENFORCEMENT PERSONNEL * * PERFORM THEIR DUTIES UNFLINCHINGLY AND WITHOUT HESITATION; * * (3) EACH YEAR TENS OF THOUSANDS OF LAW ENFORCEMENT PERSONNEL ARE * * INJURED OR ASSAULTED IN THE COURSE OF DUTY AND MANY ARE KILLED; * * (4) LAW ENFORCEMENT PERSONNEL ARE DEVOTED TO THEIR JOBS, ARE * * UNDERPAID FOR THEIR EFFORTS, AND ARE TIRELESS IN THEIR WORK; AND * * (5) LAW ENFORCEMENT PERSONNEL PERFORM THEIR DUTIES WITHOUT * * ADEQUATE RECOGNITION. * * (B) EXPRESSION OF GRATITUDE.-IN CELEBRATION OF "LAW DAY, U.S.A.", MAY * *1, 1994, THE GRATEFUL PEOPLE OF THIS NATION GIVE SPECIAL EMPHASIS TO ALL* *LAW ENFORCEMENT PERSONNEL OF THE UNITED STATES, AND ACKNOWLEDGE THE * *UNFLINCHING AND DEVOTED SERVICE LAW ENFORCEMENT PERSONNEL PERFORM AS * *SUCH PERSONNEL HELP PRESERVE DOMESTIC TRANQUILLITY AND GUARANTEE THE * *LEGAL RIGHTS OF ALL INDIVIDUALS OF THIS NATION. * *SEC. 5128. TREATMENT OF INDIAN TRIBES UNDER TITLE I OF THE OMNIBUS CRIME* *CONTROL AND SAFE STREETS ACT OF 1968. * * (a) MATCHING FUND SOURCE.- * * (1) IN GENERAL.-SECTION 817 OF TITLE I OF THE OMNIBUS CRIME * * CONTROL AND SAFE STREETS ACT OF 1968 (42 U.S.C. 3789M) IS AMENDED- * * (A) BY AMENDING THE HEADING TO READ AS FOLLOWS: * *"DISTRICT OF COLUMBIA AND INDIAN TRIBE MATCHING FUND SOURCE"; * * (B) by inserting "(a) DISTRICT OF COLUMBIA.-" BEFORE "FUNDS"; * * AND * * (C) BY ADDING AT THE END THE FOLLOWING NEW SUBSECTION: * * "(B) INDIAN TRIBES.-FUNDS APPROPRIATED BY THE CONGRESS FOR THE * *ACTIVITIES OF ANY AGENCY OF AN INDIAN TRIBAL GOVERNMENT OR THE UNITED * *STATES GOVERNMENT PERFORMING LAW ENFORCEMENT FUNCTIONS ON ANY INDIAN * *LANDS MAY BE USED TO PROVIDE THE NON-FEDERAL SHARE OF THE COST OF * *PROGRAMS OR PROJECTS FUNDED UNDER THIS TITLE.". * * "(2) TECHNICAL AMENDMENT.-THE TABLE OF CONTENTS OF TITLE I OF THE * * OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968 IS AMENDED BY * * AMENDING THE ITEM RELATING TO SECTION 817 TO READ AS FOLLOWS: * *"Sec. 817. District of Columbia and Indian tribe matching fund source.".* * (b) DEFINITION.-SECTION 901 OF THE OMNIBUS CRIME CONTROL AND SAFE * *STREETS ACT OF 1968 (42 U.S.C. 3791) IS AMENDED- * * (1) BY STRIKING "AND" AT THE END OF PARAGRAPH (22); * * (2) BY STRIKING THE PERIOD AT THE END OF PARAGRAPH (23) AND * * INSERTING "; AND"; AND * * (3) BY ADDING AT THE END THE FOLLOWING NEW PARAGRAPH: * * "(24) 'INDIAN TRIBE' MEANS A TRIBE, BAND, PUEBLO, NATION, OR OTHER* * ORGANIZED GROUP OR COMMUNITY OF INDIANS, INCLUDING AN ALASKA NATIVE * * VILLAGE (AS DEFINED IN OR ESTABLISHED UNDER THE ALASKA NATIVE CLAIMS* * SETTLEMENT ACT (43 U.S.C. 1601 ET SEQ.), THAT IS RECOGNIZED AS * * ELIGIBLE FOR THE SPECIAL PROGRAMS AND SERVICES PROVIDED BY THE * * UNITED STATES TO INDIANS BECAUSE OF THEIR STATUS AS INDIANS.". * *SEC. 5129. AGREEMENT TO ASSIST IN LOCATING MISSING CHILDREN UNDER THE * *PARENT LOCATOR SERVICE. * * (a) IN GENERAL.-Section 463 of the Social Security Act (42 U.S.C. 663)* *is amended by adding at the end the following new subsection: * * "(f) The Secretary shall enter into an agreement with the Attorney * *General of the United States, under which the services of the Parent * *Locator Service established under section 653 of this title shall be * *made available to the Office of Juvenile Justice and Delinquency * *Prevention upon its request for the purpose of locating any parent or * *child on behalf of the Office of Juvenile Justice and Delinquency * *Prevention. The Parent Locator Service shall charge no fees for services* *requested pursuant to this subsection.". * * (b) CONFORMING AMENDMENT.-Section 463(c) of such Act (42 U.S.C. * *663(c)) is amended by striking "(a), (b) or (e)" and inserting "(a), * *(b), (e), or (f)". * * (c) EFFECTIVE DATE.-The amendments made by this section shall become * *effective on October 1, 1994. * *SEC. 5130. SOLICITATION OF MINOR TO COMMIT CRIME. * * (a) DIRECTIVE TO SENTENCING COMMISSION.-(1) The United States * *Sentencing Commission shall promulgate guidelines or amend existing * *guidelines to provide that a defendant 18 years of age or older who has * *been convicted of an offense shall receive an appropriate sentence * *enhancement if the defendant involved a minor in the commission of the * *offense. * * (2) The Commission shall provide that the guideline enhancement * *promulgate pursuant to paragraph (1) shall apply for any offense in * *relation to which the defendant has solicited, procured, recruited, * *counseled, encouraged, trained, directed, commanded, intimidated, or * *otherwise used or attempted to use any person less than 18 years of age * *with the intent that the minor would commit a Federal offense. * * (b) RELEVANT CONSIDERATIONS.-In implementing the directive in * *subsection (a), the Sentencing Commission shall consider- * * (1) the severity of the crime that the defendant intended the * * minor to commit; * * (2) the number of minors that the defendant used or attempted to * * use in relation to the offense; * * (3) the fact that involving a minor in a crime of violence is * * frequently of even greater seriousness than involving a minor in a * * drug trafficking offense, for which the guidelines already provide a* * two-level enhancement; and * * (4) the possible relevance of the proximity in age between the * * offender and the minor(s) involved in the offense. * *SEC. 5131. ASYLUM. * * (a) FINDINGS.-The Congress finds that- * * (1) in the last decade applications for asylum have greatly * * exceeded the original 5,000 annual limit provided in the Refugee Act* * of 1980, with more than 150,000 asylum applications filed in fiscal * * year 1993, and the backlog of cases growing to 340,000; * * (2) this flood of asylum claims has swamped the system, creating * * delays in the processing of applications of up to several years; * * (3) the delay in processing asylum claims due to the overwhelming * * numbers has contributed to numerous problems, including- * * (A) an abuse of the asylum laws by fraudulent applicants whose* * primary interest is obtaining work authority in the United * * States while their claim languishes in the backlogged asylum * * processing system; * * (B) the growth of alien smuggling operations, often involving * * organized crime; * * (C) a drain on limited resources resulting from the high cost * * of processing frivolous asylum claims through our multi-layered * * system; and * * (D) an erosion of public support for asylum, which is a treaty* * obligation. * * (4) asylum, a safe haven protection for aliens abroad who cannot * * return home, has been perverted by some aliens who use asylum claims* * to circumvent our immigration and refugee laws and procedures; and * * (5) a comprehensive revision of our asylum law and procedures is * * required to address these problems. * * (b) POLICY.-It is the sense of the Congress that- * * (1) asylum is a process intended to protect aliens in the United * * States who, because of events occurring after their arrival here, * * cannot safely return home; * * (2) persons outside their country of nationality who have a * * well-founded fear of persecution if they return should apply for * * refugee status at one of our refugee processing offices abroad; * * (3) the immigration, refugee and asylum laws of the United States * * should be reformed to provide- * * (A) a procedure for the expeditious exclusion of any asylum * * applicant who arrives at a port-of-entry with fraudulent * * documents, or no documents, and makes a non-credible claim of * * asylum; and * * (B) the immigration, refugee and asylum laws of the United * * States should be reformed to provide for a streamlined * * affirmative asylum processing system for asylum applicants who * * make their application after they have entered the United * * States. * *SEC. 5132. FEDERAL JUDICIARY. * * (a) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE FEDERAL * *JUDICIARY.-There is authorized to be appropriated for the activities of * *the Federal Judiciary not to exceed $20,000,000 for fiscal year 1994, * *and not to exceed $70,000,000 for each of the fiscal years 1995, 1996, * *1997, and 1998 to help meet the increased demands for judicial * *activities which will result from enactment into law of this Act. * * (b) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE DEPARTMENT OF * *JUSTICE.-There is authorized to be appropriated for the activities and * *agencies of the Department of Justice, in addition to sums authorized * *elsewhere in this section, not to exceed $25,000,000 for fiscal year * *1994, not to exceed $125,000,000 for fiscal year 1995, and not to exceed* *$150,000,000 for each of the fiscal years 1996, 1997, and 1998 to help * *meet the increased demands for Department of Justice activities which * *will result from enactment into law of this Act. * * (c) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE FEDERAL BUREAU * *OF INVESTIGATION.-There is authorized to be appropriated for the * *activities of the Federal Bureau of Investigation not to exceed * *$20,000,000 for fiscal year 1994, not to exceed $50,000,000 for fiscal * *year 1995, and not to exceed $60,000,000 for each of the fiscal years * *1996, 1997, and 1998 to help meet the increased demands for Federal * *Bureau of Investigation activities which will result from enactment into* *law of this Act. * * (d) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR UNITED STATES * *ATTORNEYS.-There is authorized to be appropriated for the account * *Department of Justice, Legal Activities, "Salaries and expenses, United * *States Attorneys" not to exceed $10,000,000 for fiscal year 1994, and * *not to exceed $35,000,000 for each of the fiscal years 1995, 1996, 1997,* *and 1998 to help meet the increased demands for litigation and related * *activities which will result from enactment into law of this Act. * * (e) Funds appropriated pursuant to this section are authorized to * *remain available for obligation until expended. * * (f) Funds authorized under this section may be appropriated from the * *Trust Fund established by section 1321C of this Act. *