* SEC. 5146. BANKRUPTCY FRAUD. * * (a) IN GENERAL.- * * (1) OFFENSES.-Chapter 9 of title 18, United States Code, is * * amended- * * (A) by amending sections 152, 153, and 154 to read as follows:* *"152. Concealment of assets; false oaths and claims; bribery * * "A person who- * * "(1) knowingly and fraudulently conceals from a custodian, * * trustee, marshal, or other officer of the court charged with the * * control or custody of property, or, in connection with a case under * * title 11, from creditors or the United States Trustee, any property * * belonging to the estate of a debtor; * * "(2) knowingly and fraudulently makes a false oath or account in * * or in relation to any case under title 11; * * "(3) knowingly and fraudulently makes a false declaration, * * certificate, verification, or statement under penalty of perjury as * * permitted under section 1746 of title 28, in or in relation to any * * case under title 11; * * "(4) knowingly and fraudulently presents any false claim for proof* * against the estate of a debtor, or uses any such claim in any case * * under title 11, in a personal capacity or as or through an agent, * * proxy, or attorney; * * "(5) knowingly and fraudulently receives any material amount of * * property from a debtor after the filing of a case under title 11, * * with intent to defeat the provisions of title 11; * * "(6) knowingly and fraudulently gives, offers, receives, or * * attempts to obtain any money or property, remuneration, * * compensation, reward, advantage, or promise thereof for acting or * * forbearing to act in any case under title 11; * * "(7) in a personal capacity or as an agent or officer of any * * person or corporation, in contemplation of a case under title 11 by * * or against the person or any other person or corporation, or with * * intent to defeat the provisions of title 11, knowingly and * * fraudulently transfers or conceals any of his property or the * * property of such other person or corporation; * * "(8) after the filing of a case under title 11 or in contemplation* * thereof, knowingly and fraudulently conceals, destroys, mutilates, * * falsifies, or makes a false entry in any recorded information * * (including books, documents, records, and papers) relating to the * * property or financial affairs of a debtor; or * * "(9) after the filing of a case under title 11, knowingly and * * fraudulently withholds from a custodian, trustee, marshal, or other* * officer of the court or a United States Trustee entitled to its * * possession, any recorded information (including books, documents, * * records, and papers) relating to the property or financial affairs * * of a debtor, * *shall be fined not more than $5,000, imprisoned not more than 5 years, * *or both. * *"153. Embezzlement against estate * * "(a) OFFENSE.-A person described in subsection (b) who knowingly and * *fraudulently appropriates to the person's own use, embezzles, spends, or* *transfers any property or secretes or destroys any document belonging to* *the estate of a debtor shall be fined not more than $5,000, imprisoned * *not more than 5 years, or both. * * "(b) PERSON TO WHOM SECTION APPLIES.-A person described in this * *subsection is one who has access to property or documents belonging to * *an estate by virtue of the person's participation in the administration * *of the estate as a trustee, custodian, marshal, attorney, or other * *officer of the court or as an agent, employee, or other person engaged * *by such an officer to perform a service with respect to the estate. * *"154. Adverse interest and conduct of officers * * "A person who, being a custodian, trustee, marshal, or other officer * *of the court- * * "(1) knowingly purchases, directly or indirectly, any property of * * the estate of which the person is such an officer in a case under * * title 11; * * "(2) knowingly refuses to permit a reasonable opportunity for the * * inspection by parties in interest of the documents and accounts * * relating to the affairs of estates in the person's charge by parties* * when directed by the court to do so; or * * "(3) knowingly refuses to permit a reasonable opportunity for the * * inspection by the United States Trustee of the documents and * * accounts relating to the affairs of an estate in the person's * * charge, * *shall be fined not more than $5000 and shall forfeit the person's * *office, which shall thereupon become vacant."; and * * (B) by adding at the end the following new sections: * *"156. Knowing disregard of bankruptcy law or rule * * "(a) DEFINITIONS.-IN THIS SECTION- * * "'BANKRUPTCY PETITION PREPARER' MEANS A PERSON, OTHER THAN THE * * DEBTOR'S ATTORNEY OR AN EMPLOYEE OF SUCH AN ATTORNEY, WHO PREPARES * * FOR COMPENSATION A DOCUMENT FOR FILING. * * "'DOCUMENT FOR FILING' MEANS A PETITION OR ANY OTHER DOCUMENT * * PREPARED FOR FILING BY A DEBTOR IN A UNITED STATES BANKRUPTCY COURT * * OR A UNITED STATES DISTRICT COURT IN CONNECTION WITH A CASE UNDER * * THIS TITLE. * * "(B) OFFENSE.-IF A BANKRUPTCY CASE OR RELATED PROCEEDING IS DISMISSED * *BECAUSE OF A KNOWING ATTEMPT BY A BANKRUPTCY PETITION PREPARER IN ANY * *MANNER TO DISREGARD THE REQUIREMENTS OF TITLE 11, UNITED STATES CODE, OR* *THE BANKRUPTCY RULES, THE BANKRUPTCY PETITION PREPARER SHALL BE FINED * *UNDER THIS TITLE, IMPRISONED NOT MORE THAN 1 YEAR, OR BOTH. * *"157. Bankruptcy fraud * * "(a) OFFENSE.-A person who, having devised or intending to devise a * *scheme or artifice to defraud, or for obtaining money or property by * *means of a false or fraudulent pretense, representation, or promise, for* *the purpose of executing or concealing such a scheme or artifice or * *attempting to do so- * * "(1) files a petition under title 11; * * "(2) files a document in a proceeding under title 11; or * * "(3) makes a false or fraudulent representation, claim, or promise* * concerning or in relation to a proceeding under title 11, at any * * time before or after the filing of the petition, or in relation to a* * proceeding falsely asserted to be pending under that title, * *shall be fined under this title, imprisoned not more than 5 years, or * *both. * * "(b) REQUIREMENT OF INTENT.- * * "(1) IN GENERAL.-THE DEGREE OF INTENT REQUIRED TO BE SHOWN IN THE * * CASE OF AN OFFENSE DESCRIBED IN SUBSECTION (A) IS THAT WHICH IS * * GENERALLY REQUIRED TO BE SHOWN IN CASES OF FRAUD. * * "(2) VIOLATION NOT ESTABLISHED.-A VIOLATION OF SUBSECTION (A) IS * * NOT ESTABLISHED IF THE DEFENDANT COMMITTED THE ACT THAT IS ALLEGED * * TO CONSTITUTE FRAUD FOR A LAWFUL PURPOSE. * * "(3) VIOLATION ESTABLISHED.-A VIOLATION OF SUBSECTION (A) MAY BE * * ESTABLISHED IF THE DEFENDANT COMMITTED THE ACT THAT IS ALLEGED TO * * CONSTITUTE FRAUD WITH A PURPOSE OF- * * "(A) PREVENTING THE PROPER APPLICATION OF TITLE 11 IN A * * PARTICULAR CASE; OR * * "(B) USING A PROCEEDING UNDER TITLE 11 IN A MANNER THAT, WHILE* * ON ITS FACE MAY APPEAR TO BE LEGITIMATE, IS IN FACT PART OF A * * SCHEME TO DEFRAUD.". * * (2) TECHNICAL AMENDMENTS.-THE CHAPTER ANALYSIS FOR CHAPTER 9 OF * * TITLE 18, UNITED STATES CODE, IS AMENDED- * * (A) BY AMENDING THE ITEM RELATING TO SECTION 153 TO READ AS * * FOLLOWS: * *"Sec. 153. Embezzlement against estate."; * * and * * (B) by adding at the end the following new item: * *"Sec. 156. Knowing disregard of bankruptcy law or rule. * *"Sec. 157. Bankruptcy fraud.". * * (b) RICO.-Section 1961(1)(D) of title 18, United States Code, is * *amended by inserting "(except a case under section 157 of that title)" * *after "title 11". * *SEC. 5147. HANDGUNS IN SCHOOLS. * * HANDGUNS IN SCHOOLS.- * * (1) IN GENERAL.-In any year after the first day of the first * * fiscal year after the expiration of the next regular session of the * * State legislature following the date of enactment of this subpart, * * the Administrator may award to a State that meets the requirement of* * paragraph (2) additional grant funds, from the funds reserved for * * the special discretionary fund established under subsection (e), in * * an amount equal to 25 percent of the amount of the grant that would * * be made without regard to this subsection. * * (2) STATE LAW.-A STATE MEETS THE REQUIREMENT OF THIS PARAGRAPH IF * * THE LAW OF THE STATE PROVIDES THAT- * * (A) ON RECEIPT OF NOTIFICATION FROM THE PRINCIPAL (OR * * EQUIVALENT OFFICIAL) OF AN ELEMENTARY SCHOOL OR A SECONDARY * * SCHOOL IN THE STATE THAT A PERSON WAS FOUND IN POSSESSION OF A * * HANDGUN ON THE PREMISES OF THE SCHOOL, THE HEAD OF THE STATE * * ENTITY RESPONSIBLE FOR ISSUING DRIVER'S LICENSES SHALL, PURSUANT* * TO SUCH PROCEDURES AS THE STATE LEGISLATURE AND THE HEAD (OR * * APPROPRIATE STATE ENTITY) ESTABLISHES- * * (I) IN THE CASE OF A PERSON WHO HOLDS A DRIVER'S LICENSE * * ISSUED BY THE STATE, REVOKE THE PERSON'S DRIVER'S LICENSE * * FOR A PERIOD OF 5 YEARS, DURING WHICH PERIOD THE LICENSE MAY* * NOT BE REISSUED EXCEPT AS PROVIDED UNDER PARAGRAPH (3); AND * * (II) IN THE CASE OF A PERSON WHO DOES NOT HOLD A DRIVER'S * * LICENSE ISSUED BY THE STATE, EXCEPT AS PROVIDED UNDER * * PARAGRAPH (3), WITHHOLD FOR A PERIOD OF 5 YEARS OR UNTIL THE* * DATE ON WHICH THE PERSON ATTAINS THE AGE OF 18 YEARS, * * WHICHEVER IS LONGER, THE ISSUANCE OF A DRIVER'S LICENSE FOR * * WHICH APPLICATION MAY SUBSEQUENTLY BE MADE; * * (B) ON RECEIPT OF NOTIFICATION FROM THE PRINCIPAL (OR * * EQUIVALENT OFFICIAL) OF AN ELEMENTARY SCHOOL OR A SECONDARY * * SCHOOL IN THE STATE THAT A PERSON WAS FOUND IN POSSESSION OF A * * HANDGUN ON THE PREMISES OF THE SCHOOL DURING A PERIOD OF * * REVOCATION OR WITHHOLDING OF THE ISSUANCE OF A PERSON'S DRIVER'S* * LICENSE UNDER SUBPARAGRAPH (A), THE HEAD OF THE STATE ENTITY * * RESPONSIBLE FOR ISSUING DRIVER'S LICENSES SHALL, PURSUANT TO * * SUCH PROCEDURES AS THE STATE LEGISLATURE AND THE HEAD (OR * * APPROPRIATE STATE ENTITY) ESTABLISHES, EXTEND THE PERIOD OF * * REVOCATION OR WITHHOLDING FOR AN ADDITIONAL 10 YEARS, DURING * * WHICH PERIOD THE LICENSE MAY NOT BE REISSUED EXCEPT AS PROVIDED * * IN PARAGRAPH (3); AND * * (C) SUBPARAGRAPHS (A) AND (B) DO NOT APPLY TO THE POSSESSION * * OF A HANDGUN- * * (I) ON PRIVATE PROPERTY THAT IS NOT PART OF THE PREMISES * * OF A SCHOOL; * * (II) IF- * * (I) THE PERSON POSSESSING THE HANDGUN IS LICENSED TO * * POSSESS THE HANDGUN BY THE STATE IN WHICH THE ELEMENTARY * * SCHOOL OR SECONDARY SCHOOL IS LOCATED OR BY A POLITICAL * * SUBDIVISION OF THE STATE; AND * * (II) THE STATE OR POLITICAL SUBDIVISION OF THE STATE * * REQUIRES THAT, AS A CONDITION OF THE ISSUANCE OF A DRIVER'S * * LICENSE, AN APPROPRIATE LAW ENFORCEMENT AUTHORITY OF THE * * STATE OR POLITICAL SUBDIVISION OF THE STATE VERIFY THAT THE * * PERSON IS QUALIFIED UNDER APPLICABLE LAW TO HOLD THE FIREARM* * LICENSE; * * (III) THAT IS- * * (I) NOT LOADED; AND * * (II) IN A LOCKED CONTAINER OR IN A LOCKED FIREARM RACK* * THAT IS ON A MOTOR VEHICLE; * * (IV) BY A PERSON FOR USE IN A PROGRAM APPROVED BY THE * * APPROPRIATE OFFICIAL OF AN ELEMENTARY SCHOOL OR SECONDARY * * SCHOOL (OR ENTITY OF THE STATE OR POLITICAL SUBDIVISION OF * * THE STATE RESPONSIBLE FOR THE ADMINISTRATION OF THE * * ELEMENTARY SCHOOL OR SECONDARY SCHOOL); * * (V) BY A PERSON IN ACCORDANCE WITH A CONTRACT THAT THE * * APPROPRIATE OFFICIAL OF THE ELEMENTARY SCHOOL OR SECONDARY * * SCHOOL (OR ENTITY OF THE STATE OR POLITICAL SUBDIVISION OF * * THE STATE RESPONSIBLE FOR THE ADMINISTRATION OF THE * * ELEMENTARY SCHOOL OR SECONDARY SCHOOL) HAS ENTERED INTO WITH* * THE PERSON OR EMPLOYER OF THE PERSON; * * (VI) BY A LAW ENFORCEMENT OFFICER ACTING IN AN OFFICIAL * * CAPACITY; OR * * (VII) THAT IS UNLOADED AND POSSESSED BY A PERSON WHILE * * TRAVERSING THE PREMISES OF THE ELEMENTARY OR SECONDARY * * SCHOOL FOR THE PURPOSE OF GAINING ACCESS TO PUBLIC OR * * PRIVATE LANDS OPEN TO HUNTING, IF THE ENTRY ON THE PREMISES * * OF THE ELEMENTARY SCHOOL OR SECONDARY SCHOOL IS AUTHORIZED * * BY THE APPROPRIATE OFFICIAL OF THE SCHOOL (OR ENTITY OF THE * * STATE OR POLITICAL SUBDIVISION OF THE STATE RESPONSIBLE FOR * * THE ADMINISTRATION OF THE ELEMENTARY SCHOOL OR SECONDARY * * SCHOOL). * * (3) WAIVER.-A STATE LAW DESCRIBED IN PARAGRAPH (2) MAY PROVIDE FOR* * A PROCEDURE UNDER WHICH THE APPLICATION OF A PORTION OF A REVOCATION* * OR WITHHOLDING PERIOD UNDER PARAGRAPH (2)(A) OR (B) MAY BE WAIVED * * IF- * * (A) AT LEAST 50 PERCENT OF THE WITHHOLDING OR REVOCATION * * PERIOD HAS EXPIRED; AND * * (B) THE PERSON SUBJECT TO THE REVOCATION OR WITHHOLDING PERIOD* * ESTABLISHES, IN A MANNER SATISFACTORY TO THE HEAD THE STATE * * ENTITY DESCRIBED IN PARAGRAPH (2), THAT- * * (I) THE PERSON IS NOT THE SUBJECT OF ANY CRIMINAL CHARGE * * (OTHER THAN A CHARGE RELATED TO THE POSSESSION OF A HANDGUN * * THAT RESULTED IN THE REVOCATION OR WITHHOLDING); * * (II) THE PERSON HAS NOT BEEN THE SUBJECT OF A CRIMINAL * * CONVICTION FOR ENGAGING IN A CRIMINAL ACTIVITY DURING THE * * WITHHOLDING OR REVOCATION PERIOD (OTHER THAN A CONVICTION * * DIRECTLY RELATED TO THE POSSESSION OF A HANDGUN THAT * * RESULTED IN THE REVOCATION OR WITHHOLDING); AND * * (III) THERE IS A COMPELLING REASON TO WAIVE THE REMAINDER * * OF THE REVOCATION OR WITHHOLDING PERIOD. * * (4) DUE PROCESS.-A STATE, IN IMPLEMENTING A LAW DESCRIBED IN * * PARAGRAPH (2), SHALL FOLLOW SUCH PROCEDURES (INCLUDING PROCEDURES TO* * ENSURE THAT AFFECTED PERSONS ARE AFFORDED DUE PROCESS OF LAW) AS THE* * CONSTITUTION MAY REQUIRE. * * (5) DEFINITIONS.-IN THIS SUBSECTION- * * "ELEMENTARY SCHOOL" HAS THE MEANING STATED IN 1471(8) OF THE * * ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 (20 U.S.C. * * 2891(8)). * * "HANDGUN" MEANS- * * (I) A FIREARM THAT HAS A SHORT STOCK AND IS DESIGNED TO BE* * HELD AND FIRED BY THE USE OF A SINGLE HAND; OR * * (II) ANY COMBINATION OF PARTS FROM WHICH A FIREARM * * DESCRIBED IN SUBPARAGRAPH (A) CAN BE ASSEMBLED. * * "PREMISES", IN REFERENCE TO AN ELEMENTARY SCHOOL OR SECONDARY * * SCHOOL, INCLUDES THE SCHOOL BUILDING AND THE GROUNDS OF THE * * SCHOOL. * * "SECONDARY SCHOOL" HAS THE MEANING STATED IN SECTION 1471(21) * * OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 (20 U.S.C.* * 2891(21)). * * (6) RULE OF CONSTRUCTION.-NOTHING IN THIS SUBSECTION SHALL BE * * CONSTRUED TO LIMIT THE AUTHORITY OF THE GOVERNMENT OF A STATE OR * * POLITICAL SUBDIVISION OF A STATE TO ENACT AND ENFORCE A LAW THAT * * IMPOSES A PENALTY THAT EXCEEDS OR SUPPLEMENTS THE PENALTIES * * AUTHORIZED UNDER THIS SUBSECTION. * *SEC. 5148. SENSE OF THE SENATE REGARDING A STUDY ON OUT-OF-WEDLOCK * *BIRTHS. * * (a) FINDINGS.-THE SENATE FINDS THE FOLLOWING: * * (1) THE NATIONAL CENTER FOR HEALTH STATISTICS HAS JUST REPORTED * * THAT THE OUT-OF-WEDLOCK BIRTH RATE REACHED 29.5 PERCENT IN 1991 * * (66.3 PERCENT IN WASHINGTON, D.C., 71.0 PERCENT IN DETROIT). * * (2) THE OUT-OF-WEDLOCK BIRTH RATE HAS INCREASED WITHOUT * * INTERRUPTION SINCE 1970, AND, AS POINTED OUT RECENTLY BY GEORGE * * WILL, "THE RATE OF INCREASE IS NOT SLOWING EVEN AT EXTRAORDINARILY * * HIGH LEVELS". * * (3) DR. LEE RAINWATER OF HARVARD UNIVERSITY PREDICTS THAT THE RATE* * WILL REACH 40 PERCENT WITHIN 7 YEARS. * * (4) PROFESSOR JAMES Q. WILSON HAS DESCRIBED THE EROSION OF THE * * FAMILY STRUCTURE IN THE UNITED STATES AND MANY WESTERN NATIONS AS "A* * MAJOR CULTURAL CONVULSION" THAT IS INEXTRICABLY ASSOCIATED WITH THE * * RISE OF VIOLENT URBAN CRIME. * * (5) PRESIDENT CLINTON HAS STATED ON THE NATIONAL TELEVISION * * PROGRAM "MEET THE PRESS" THAT THERE IS "ABSOLUTELY" A CORRELATION * * BETWEEN CRIME AND DRUGS AND THE BREAKDOWN OF THE FAMILY. * * (B) SENSE OF THE SENATE.-IT IS THE SENSE OF THE SENATE THAT- * * (1) THE SECRETARY OF HEALTH AND HUMAN SERVICES, IN CONSULTATION * * WITH THE NATIONAL CENTER FOR HEALTH STATISTICS, SHOULD PREPARE AN * * ANALYSIS OF THE CAUSES OF THE INCREASE IN OUT-OF-WEDLOCK BIRTHS, AND* * DETERMINE WHETHER THERE IS ANY HISTORICAL PRECEDENT FOR SUCH * * INCREASE, AS WELL AS ANY EQUIVALENT AMONG FOREIGN NATIONS, AND * * (2) THE SECRETARY OF HEALTH AND HUMAN SERVICES SHOULD REPORT TO * * CONGRESS WITHIN 12 MONTHS AFTER THE DATE OF THE ENACTMENT OF THIS * * ACT ON THE SECRETARY'S ANALYSIS OF THE OUT-OF-WEDLOCK PROBLEM AND * * ITS CAUSES, AS WELL AS POSSIBLE REMEDIAL MEASURES THAT COULD BE * * TAKEN. * *SEC. 5149. CONGRESSIONAL APPROVAL OF ANY EXPANSION AT LORTON AND * *CONGRESSIONAL HEARINGS ON FUTURE NEEDS. * * (a) CONGRESSIONAL APPROVAL.-NOTWITHSTANDING ANY OTHER PROVISION OF * *LAW, THE EXISTING PRISON FACILITIES AND COMPLEX AT THE DISTRICT OF * *COLUMBIA CORRECTIONS FACILITY AT LORTON IN VIRGINIA SHALL NOT BE * *EXPANDED UNLESS SUCH EXPANSION HAS BEEN APPROVED BY THE CONGRESS UNDER * *THE AUTHORITY PROVIDED TO CONGRESS IN SECTION 446 OF THE DISTRICT OF * *COLUMBIA SELF-GOVERNMENT AND GOVERNMENTAL REORGANIZATION ACT. * * (B) CONGRESSIONAL HEARINGS.-THE SUBCOMMITTEE ON THE DISTRICT OF * *COLUMBIA OF THE COMMITTEE ON APPROPRIATIONS OF THE SENATE SHALL CONDUCT * *HEARINGS REGARDING EXPANSION OF THE PRISON COMPLEX IN LORTON, VIRGINIA, * *PRIOR TO ANY APPROVAL GRANTED PURSUANT TO SUBSECTION (A). THE * *SUBCOMMITTEE SHALL PERMIT INTERESTED PARTIES, INCLUDING APPROPRIATE * *OFFICIALS FROM THE COUNTY OF FAIRFAX, VIRGINIA, TO TESTIFY AT SUCH * *HEARINGS. * * (C) DEFINITION.-For purposes of this section, the terms "expanded" and* *"expansion" mean any alteration of the physical structure of the prison * *complex that is made to increase the number of inmates incarcerated at * *the prison. * *SEC. 5150. NATIONAL NARCOTICS LEADERSHIP ACT. * * (a) Section 1009 of the National Narcotics Leadership Act of 1988 (21 * *U.S.C. 1506) is amended by striking "the date which is 5 years after the* *date of the enactment of this subtitle" and inserting "September 30, * *1994". * * (b) Section 1008(d)(1) of the National Narcotics Leadership Act of * *1988 (21 U.S.C. 1502(d)(1)) is amended by striking "of such", and * *inserting, "subject to the availability of appropriations, of not less * *than 75 and such additional" * *SEC. 5151. SUPREME COURT MARSHALS AND POLICE. * * Section 9(c) of the Act entitled "An Act relating to the policing of * *the building and grounds of the Supreme Court of the United States," * *approved August 18, 1949 (40 U.S.C. 13n(c)), is amended in the first * *sentence by striking out "1993" and inserting in lieu thereof "1996". * *SEC. 5152. EXTENSION OF FULL-TIME STATUS OF MEMBERS OF THE UNITED STATES* *SENTENCING COMMISSION. * * Section 992(c) of title 28, United States Code, is amended in the * *second sentence by striking "six years" and inserting "seven years". * *SEC. 5153. SENSE OF THE SENATE THAT ABLE-BODIED CONVICTED FELONS IN THE * *FEDERAL PRISON SYSTEM WORK. * * (a) FINDINGS.-The Senate finds that- * * (1) Federal Prison Industries was created by Congress in 1934 as a* * wholly owned, nonprofit government corporation directed to train and* * employ Federal prisoners; * * (2) traditionally, one-half of the Federal prison inmates had * * meaningful prison jobs; now, with the increasing prison population, * * less than one-quarter are employed in prison industry positions; and* * (3) expansion of the product lines and services of Federal Prison * * Industries beyond its traditional lines of business will enable more* * Federal prison inmates to work, and such expansion must occur so as * * to minimize any adverse impact on the private sector and labor. * * (b) SENSE OF SENATE.-It is the sense of the Senate that- * * (1) all able-bodied Federal prison inmates should work; * * (2) in an effort to achieve the goal of full Federal prison inmate* * employment, the Attorney General, in consultation with the Director * * of the Bureau of Prisons, the Secretary of Labor, the Secretary of * * Defense, the Administrator of the General Services Administration, * * and the private sector and labor, shall submit a report to Congress * * not later than March 31, 1994, that describes a strategy for * * employing more Federal prison inmates; * * (3) the report shall- * * (A) contain a review of existing lines of business of Federal * * Prison Industries; * * (B) consider the findings and recommendations of the final * * report of the Summit on Federal Prison Industries (June * * 1992-July 1993); and * * (C) make recommendations for legislation and changes in * * existing law that may be necessary for the Federal Prison * * Industries to employ more Federal prison inmates; and * * (4) the report shall focus on- * * (A) the creation of new job opportunities for Federal prison * * inmates; * * (B) the degree to which any expansion of lines of business of * * Federal Prison Industries may adversely affect the private * * sector or displace domestic labor; and * * (C) the degree to which opportunities for partnership between * * Federal Prison Industries and small business can be fostered. * *SEC. 5154. FIRST TIME DOMESTIC VIOLENCE OFFENDER REHABILITATION PROGRAM.* * (a) Section 3561 of title 18, United States Code, is amended by- * * (1) redesignating subsection (b) as subsection (c); * * (2) inserting the following new subsection after subsection (a): * * "(b) DOMESTIC VIOLENCE OFFENDERS.-A defendant who has been convicted * *for the first time of a domestic violence crime shall be sentenced to a * *term of probation if not sentenced to a term of imprisonment. The term * *'domestic violence crime' means a crime of violence for which the * *defendant may be prosecuted in a court of the United States in which the* *victim or intended victim is the spouse, former spouse, intimate * *partner, former intimate partner, child, or former child of the * *defendant, or any relative defendant, child, or former child of the * *defendant, or any other relative of the defendant.". * * (b) Section 3563(a) of title 18, United States Code, is amended by- * * (1) striking "and" at the end of paragraph (2); * * (2) striking the period at the end of paragraph (3) and inserting * * "; and" in lieu thereof; and * * (3) by inserting the following new paragraph: * * "(4) for a domestic violence crime as defined in section 3561(b) * * by a defendant convicted of such an offense for the first time that * * the defendant attend a court-approved public, private, or private * * non-profit program, that has been authorized by that State Coalition* * Against Domestic Violence, and which is designed to rehabilitate * * such a defendant if an approved program is readily available within * * a 50-mile radius of the legal residence of the defendant.". * * (c) Section 3583 of title 18, United States Code, is amended- * * (1) in subsection (a) by inserting "or if the defendant has been * * convicted for the first time of a domestic violence crime as defined* * in section 3561(b)" after "statute"; and * * (2) in subsection (d) by inserting the following after the first * * sentence: "The court shall order as an explicit condition of * * supervised release for a defendant convicted for the first time of a* * domestic violence crime as defined in section 3561(b) that the * * defendant attend a court-approved public, private, or private * * non-profit program, that has been authorized by that State Coalition* * Against Domestic Violence, and which is designed to rehabilitate * * such a defendant if an approved program is readily available within * * a 50-mile radius of the legal residence of the defendant.". * *SEC. 5155. ASSET FORFEITURE. * * (a) Section 524 of title 28, United States Code, is amended- * * (1) by redesignating subsection (c)(1)(H) to be subsection * * (c)(1)(I); and * * (2) by inserting a new subsection (c)(1)(H) as follows: * * "(H) the payment of State and local property taxes on forfeited real * *property that accrued between the date of the violation giving rise to * *the forfeiture and the date of the forfeiture order; and". * * (b) The provisions of this section shall apply to all claims pending * *at the time of or commenced subsequent to the date of the enactment of * *this Act. * *SEC. 5156. CLARIFICATION OF DEFINITION OF A "COURT OF THE UNITED STATES"* *TO INCLUDE THE DISTRICT COURTS FOR GUAM, THE NORTHERN MARIANA ISLANDS, * *AND THE VIRGIN ISLANDS. * * (a) Chapter 1 of title 18, United States Code, is amended by adding at* *the end thereof the following new section: * *"23. Court of the United States defined * * As used in this title, except where otherwise expressly provided the * *term 'court of the United States' includes the District Court of Guam, * *the District Court for the Northern Mariana Islands, and the District * *Court of the Virgin Islands.". * * (b) The analysis for chapter 1 of title 18, United States Code, is * *amended by inserting at the end the following: * *"23. Court of the United States Defined.". * *SEC. 5157. EXTRADITION. * * (a) SCOPE.-Section 3181 of title 18, United States Code, is amended * *by- * * (1) inserting "(a)" before "The provisions of this chapter"; and * * (2) adding at the end thereof the following new subsections: * * "(b) The provisions of this chapter shall be construed to permit, in * *the exercise of comity, the surrender of persons who have committed * *crimes of violence against nationals of the United States in foreign * *countries without regard to the existence of any treaty of extradition * *with such foreign government if the Attorney General certifies, in * *writing, that- * * "(1) evidence has been presented by the foreign government which * * indicates that had the offenses been committed in the United States,* * they would constitute crimes of violence as defined under section 16* * of this title; and * * "(2) the offenses charged are not of a political nature. * * "(c) As used in this section, the term 'national of the United States'* *shall have the meaning given such term in section 101(a)(22) of the * *Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).". * * (b) FUGITIVES.-Section 3184 of title 18, United States Code, is * *amended- * * (1) in the first sentence by inserting after "United States and * * any foreign government," the following: "or in cases arising under * * section 3181(b),"; * * (2) in the first sentence by inserting after "treaty or * * convention," the following: "or provided for under section * * 3181(b),"; and * * (3) in the third sentence by inserting after "treaty or * * convention," the following: "or under section 3181(b),". * *SEC. 5158. EXPEDITED DEPORTATION FOR DENIED ASYLUM APPLICANTS. * * (a) Section 208(a) of the Immigration and Nationality Act (8 U.S.C. * *1158) is amended by adding at the end thereof the following: "An * *applicant for asylum is not entitled to engage in employment in the * *United States. The Attorney General may authorize an alien who has filed* *an application for asylum to engage in employment in the United States, * *in the discretion of the Attorney General. The Attorney General may * *provide for the expedited deportation of asylum applicants whose * *applications have been finally denied, unless the applicant remains in * *an otherwise valid nonimmigrant status.". * * (b) There are authorized to be appropriated to carry out this section * *such sums as are necessary for each of fiscal years 1994, 1995, 1996, * *1997, and 1998. * *SEC. 5159. IMPROVING BORDER CONTROLS. * * There are authorized to be appropriated such sums as are necessary to * *increase INS's resources for the Border Patrol and the Inspections * *Program to apprehend illegal aliens who attempt clandestine entry into * *the United States or entry into the United States with fraudulent * *documents. * *SEC.5160. EXPANDED SPECIAL DEPORTATION PROCEEDINGS. * * (1) Subject to the availability of appropriations, the Attorney * *General may expand the program authorized by section 242A(d) of the * *Immigration and Nationality Act to ensure that such aliens are * *immediately deportable upon their release from incarceration. * * (2) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be * *appropriated such sums as necessary to carry out this section for each * *of fiscal years 1995 through 1998. * *SEC. 5161. CONSTRUCTION OF INS SERVICE PROCESSING CENTERS TO DETAIN * *CRIMINAL ALIENS. * * AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be * *appropriated such sums as are necessary in fiscal year 1995 to construct* *or contract for the construction of two INS Service Processing Centers * *to detain criminal aliens and such sums as are necessary in fiscal year * *1996 to construct or contract for the construction of two additional * *Service Processing Centers. * *SEC. 5162. ASSISTANT UNITED STATES ATTORNEY RESIDENCY. * * Section 545(a) of title 28, United States Code, is amended- * * (1) by striking "and assistant United States attorney"; and * * (2) by inserting the following after the first sentence: "Each * * assistant United States attorney shall reside in the district for * * which he or she is appointed or within 50 miles thereof.". * *SEC.5163. GANG RESISTANCE EDUCATION AND TRAINING PROJECTS * * (a) Authorization of appropriations for the Department of the Treasury* *for each of the fiscal years 1994, 1995, 1996, 1997, and 1998. * * (b)(1) The Secretary of the Treasury shall establish no less than 50 * *Gang Resistance Education and Training (GREAT) projects to be located in* *communities across the country. Such amount shall be in addition to the * *number of projects currently funded. * * (2) Communities identified for such GREAT projects shall be selected * *by the Director of the Bureau of Alcohol, Tobacco and Firearms, acting * *through the Secretary of the Treasury, on the basis of gang-related * *activity in that particular community. * * (3) The Secretary of the Treasury shall make available no less than * *$800,000 per project, subject to appropriation, and such funds shall be * *allocated fifty percent to the affected State and local law enforcement * *and prevention organizations participating in such projects, and fifty * *percent to the Bureau of Alcohol, Tobacco and Firearms for salaries, * *expenses, and associated administrative costs for operating and * *overseeing such projects. * * (c) There are authorized to be appropriated $30,000,000 for salaries * *and expenses of the Bureau of Alcohol, Tobacco and Firearms for the * *hiring, training, and equipping of no less than 200 full-time equivalent* *agent positions for the investigation of the trafficking of guns to * *juveniles and gangs, and the tracing of firearms used in the commission * *of violent crimes, and no less than 100 full-time equivalent inspector * *positions for the Firearms Compliance program and dealer policing * *activities. * * (d) There are authorized to be appropriated $6,000,000 for the * *salaries and expenses of the United States Secret Service for the * *hiring, training and equipping of additional full-time equivalent * *positions to supplement current investigative authorities. * *SEC. 5164. LAW ENFORCEMENT PERSONNEL. * * (a)(1) Since we are losing control of our streets and our * *neighborhoods to gangs, drugs and violent crime; * * (2) Since Americans tolerate a level of violence 5 times that of * *Canada and 10 times that of England; * * (3) Since the Senate is about to adopt the Comprehensive Crime Control* *and Law Enforcement Act which establishes a $22,268,000,000 Violent * *Crime Reduction Trust Fund to combat the violent crime epidemic in this * *country; * * (4) Since the Comprehensive Crime Control and Law Enforcement Act * *authorizes the revenues to fund the Trust Fund be derived from savings * *resulting from a reduction in Federal personnel; and * * (5) Since the Federal law enforcement agencies charged with carrying * *out the provisions of the Comprehensive Crime Control and Law * *Enforcement Act will require substantial manpower to implement the Act. * * (b) It is the sense of the Senate that law enforcement personnel * *should not be reduced and calls upon the President of the United States * *to exempt Federal law enforcement positions from Executive Order 12839 * *and other Executive memoranda mandating reductions in the Federal * *workforce. * *SEC. 5165. REVIEW BY THE ATTORNEY GENERAL OF FEDERAL PRISON CAPACITY AND* *CONSTRUCTION AND OPERATIONAL STANDARDS FOR STATE AND LOCAL CORRECTIONS * *FACILITIES. * * (a) REVIEW OF FEDERAL PRISON CAPACITY.-The Attorney General shall * *conduct a review of- * * (1) the capacity of the facilities of the Federal Bureau of * * Prisons; * * (2) the number of inmates in those facilities; and * * (3) the characteristics of those inmates relative to their * * likelihood of criminal behavior, and especially violent criminal * * behavior, if released from custody under supervision. * * (b) REVIEW OF STANDARDS.-The Attorney General shall review the * *standards for construction and operation of State and local corrections * *facilities contained in the publications entitled "Standards for Small * *Jail Facilities" and "Standards for Adult and Local Detention * *Facilities" (3d ed.) * * (c) REPORT TO CONGRESS.- * * (1) IN GENERAL.-Not later than 180 days after the date of * * enactment of this Act, the Attorney General shall report to Congress* * on the reviews required under subsections (a) and (b). * * (2) CONTENTS.-The report under paragraph (1) shall contain the * * Attorney General's recommendations for administrative and * * congressional initiatives to- * * (A) release space in the Federal Bureau of Prisons for * * occupancy by inmates transferred from State correctional * * facilities, pursuant to section 1321; and * * (B) modify standards for construction and operation of local * * and State correctional facilities. * *SEC. 5166. COORDINATION OF SUBSTANCE ABUSE TREATMENT AND PREVENTION * *PROGRAMS. * * The Attorney General shall consult with the Secretary of the * *Department of Health and Human Services in establishing and carrying out* *the substance abuse treatment and prevention components of the programs * *authorized under this Act, to assure coordination of programs, eliminate* *duplication of efforts and enhance the effectiveness of such services. * *SEC. 5167. JUVENILE ANTI-DRUG AND ANTI-GANG GRANTS IN FEDERALLY ASSISTED* *LOW-INCOME HOUSING. * * Grants authorized in this Act to reduce or prevent juvenile drug and * *gang-related activity in "public housing" may be used for such purposes * *in federally assisted, low-income housing. * *SEC. 5168. DEFINITIONS. * * Section 921(a)(17) of title 18, United States Code, is amended by * *revising subparagraph (B) and adding a new subparagraph (C) to read as * *follows: * * "(B) The term 'armor piercing ammunition' means- * * (i) a projectile or projectile core which may be used in a * * handgun and which is constructed entirely (excluding the * * presence of traces of other substances) from one or a * * combination of tungsten alloys, steel, iron, brass, bronze, * * beryllium copper, or depleted uranium; or * * "(ii) a jacketed projectile larger than .22 caliber designed * * and intended for use in a handgun and whose jacket has a weight * * of more than 25 percent of the total weight of the projectile. * * "(C) The term 'armor piercing ammunition' does not include shotgun* * shot required by Federal or State environmental or game regulations * * for hunting purposes, a frangible projectile designed for target * * shooting, a projectile which the Secretary finds is primarily * * intended to be used for sporting purposes, or any other projectile * * or projectile core which the Secretary finds is intended to be used * * for industrial purposes, including a charge used in an oil and gas * * well perforating device.". * Attest: * Secretary.* HR 3355 EAS--2 HR 3355 EAS--3 HR 3355 EAS--4 HR 3355 EAS--5 HR 3355 EAS--6 HR 3355 EAS--7 HR 3355 EAS--8 HR 3355 EAS--9 HR 3355 EAS--10 HR 3355 EAS--11 HR 3355 EAS--12 HR 3355 EAS--13 HR 3355 EAS--14 HR 3355 EAS--15 HR 3355 EAS--16 HR 3355 EAS--17 HR 3355 EAS--18 HR 3355 EAS--19 HR 3355 EAS--20 HR 3355 EAS--21 HR 3355 EAS--22 HR 3355 EAS--23 HR 3355 EAS--24 HR 3355 EAS--25 HR 3355 EAS--26 HR 3355 EAS--27 HR 3355 EAS--28 HR 3355 EAS--29 HR 3355 EAS--30 HR 3355 EAS--31 HR 3355 EAS--32 HR 3355 EAS--33 HR 3355 EAS--34 HR 3355 EAS--35 HR 3355 EAS--36 HR 3355 EAS--37 HR 3355 EAS--38 HR 3355 EAS--39 HR 3355 EAS--40 HR 3355 EAS--41 HR 3355 EAS--42 HR 3355 EAS--43 HR 3355 EAS--44 HR 3355 EAS--45 HR 3355 EAS--46 HR 3355 EAS--47 HR 3355 EAS--48 HR 3355 EAS--49 HR 3355 EAS--50 HR 3355 EAS--51 HR 3355 EAS--52 HR 3355 EAS--53 HR 3355 EAS--54 HR 3355 EAS--55 HR 3355 EAS--56 HR 3355 EAS--57 HR 3355 EAS--58 HR 3355 EAS--59 HR 3355 EAS--60 HR 3355 EAS--61 HR 3355 EAS--62 HR 3355 EAS--63 HR 3355 EAS--64 HR 3355 EAS--65 HR 3355 EAS--66 HR 3355 EAS--67 HR 3355 EAS--68 HR 3355 EAS--69 HR 3355 EAS--70