HR 6201 IH
102d CONGRESS
2d Session
 H. R. 6201
Entitled the `Biden-Thurmond Justice Improvements Act'.
IN THE HOUSE OF REPRESENTATIVES
October 6 (legislative day, OCTOBER 5), 1992
Mr. SCHUMER introduced the following bill; which was referred jointly to
the Committees on the Judiciary and Energy and Commerce
A BILL
Entitled the `Biden-Thurmond Justice Improvements Act'.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
TITLE I--CHILD PROTECTION
SEC. 101. SHORT TITLE.
  This title may be cited as the `National Child Protection Act of 1992'.
SEC. 102. PURPOSES.
  The purposes of this title are--
  (1) to establish a national system through which child care organizations may
  obtain the benefit of a nationwide criminal background check to determine if
  persons who are current or prospective child care providers have committed
  child abuse crimes or other serious crimes;
  (2) to establish minimum criteria for State laws and procedures that
  permit child care organizations to obtain the benefit of nationwide
  criminal background checks to determine if persons who are current or
  prospective child care providers have committed child abuse crimes or
  other serious crimes;
  (3) to provide procedural rights for persons who are subject to nationwide
  criminal background checks, including procedures to challenge and correct
  inaccurate background check information;
  (4) to establish a national system for the reporting by the States of
  child abuse crime information; and
  (5) to document and study the problem of child abuse by providing statistical
  and informational data on child abuse and related crimes to the Department
  of Justice and other interested parties.
SEC. 103. DEFINITIONS.
  For the purposes of this title--
  (1) the term `authorized agency' means a division or office of a State
  designated by a State to report, receive, or disseminate information under
  this title;
  (2) the term `background check crime' means a child abuse crime, murder,
  manslaughter, aggravated assault, kidnapping, arson, sexual assault,
  domestic violence, incest, indecent exposure, prostitution, promotion of
  prostitution, and a felony offense involving the use or distribution of
  a controlled substance;
  (3) the term `child' means a person who is a child for purposes of the
  criminal child abuse law of a State;
  (4) the term `child abuse' means the physical or mental injury, sexual
  abuse or exploitation, neglectful treatment, negligent treatment, or
  maltreatment of a child by any person in violation of the criminal child
  abuse laws of a State, but does not include discipline administered by a
  parent or legal guardian to his or her child provided it is reasonable in
  manner and moderate in degree and otherwise does not constitute cruelty;
  (5) the term `child abuse crime' means a crime committed under any law of
  a State that establishes criminal penalties for the commission of child
  abuse by a parent or other family member of a child or by any other person;
  (6) the term `child abuse crime information' means the following facts
  concerning a person who is under indictment for, or has been convicted of,
  a child abuse crime: full name, race, sex, date of birth, height, weight,
  a brief description of the child abuse crime or offenses for which the
  person has been arrested or is under indictment or has been convicted,
  the disposition of the charge, and any other information that the Attorney
  General determines may be useful in identifying persons arrested for,
  under indictment for, or convicted of, a child abuse crime;
  (7) the term `child care' means the provision of care, treatment, education,
  training, instruction, supervision, or recreation to children;
  (8) the term `domestic violence' means a felony or misdemeanor involving
  the use or threatened use of force by--
  (A) a present or former spouse of the victim;
  (B) a person with whom the victim shares a child in common;
  (C) a person who is cohabiting with or has cohabited with the victim as
  a spouse; or
  (D) any person defined as a spouse of the victim under the domestic or
  family violence laws of a State;
  (9) the term `exploitation' means child pornography and child prostitution;
  (10) the term `mental injury' means harm to a child's psychological
  or intellectual functioning, which may be exhibited by severe anxiety,
  depression, withdrawal or outward aggressive behavior, or a combination of
  those behaviors or by a change in behavior, emotional response, or cognition;
  (11) the term `national criminal background check system' means the system
  maintained by the Federal Bureau of Investigation based on fingerprint
  identification or any other method of positive identification;
  (12) the term `negligent treatment' means the failure to provide, for a
  reason other than poverty, adequate food, clothing, shelter, or medical
  care so as to seriously endanger the physical health of a child;
  (13) the term `physical injury' includes lacerations, fractured bones,
  burns, internal injuries, severe bruising, and serious bodily harm;
  (14) the term `provider' means--
  (A) a person who--
  (i) is employed by or volunteers with a qualified entity;
  (ii) who owns or operates a qualified entity; or
  (iii) who has or may have unsupervised access to a child to whom the
  qualified entity provides child care; and
  (B) a person who--
  (i) seeks to be employed by or volunteer with a qualified entity;
  (ii) seeks to own or operate a qualified entity; or
  (iii) seeks to have or may have unsupervised access to a child to whom
  the qualified entity provides child care;
  (15) the term `qualified entity' means a business or organization, whether
  public, private, for-profit, not-for-profit, or voluntary, that provides
  child care or child care placement services, including a business or
  organization that licenses or certifies others to provide child care or
  child care placement services;
  (16) the term `sex crime' means an act of sexual abuse that is a criminal
  act;
  (17) the term `sexual abuse' includes the employment, use, persuasion,
  inducement, enticement, or coercion of a child to engage in, or assist
  another person to engage in, sexually explicit conduct or the rape,
  molestation, prostitution, or other form of sexual exploitation of children
  or incest with children; and
  (18) the term `State' means a State, the District of Columbia, the
  Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam,
  and the Trust Territories of the Pacific.
SEC. 104. REPORTING BY THE STATES.
  (a) IN GENERAL- An authorized criminal justice agency of a State shall
  report child abuse crime information to, or index child abuse crime
  information in, the national criminal background check system.
  (b) PROVISION OF STATE CHILD ABUSE CRIME RECORDS THROUGH THE NATIONAL
  CRIMINAL BACKGROUND CHECK SYSTEM- (1) Not later than 180 days after the
  date of enactment of this Act, the Attorney General shall--
  (A) investigate the criminal records of each State and determine for each
  State a timetable by which the State should be able to provide child abuse
  crime records on an on-line capacity basis through the national criminal
  background check system;
  (B) establish guidelines for the reporting or indexing of child abuse
  crime information, including guidelines relating to the format, content,
  and accuracy of child abuse crime information and other procedures for
  carrying out this Act; and
  (C) notify each State of the determinations made pursuant to subparagraphs
  (A) and (B).
  (2) The Attorney General shall require as a part of the State timetable
  that the State--
  (A) achieve, by not later than the date that is 3 years after the date
  of enactment of this Act, at least 80 percent currency of final case
  dispositions in computerized criminal history files for all identifiable
  child abuse crime cases in which there has been an event of activity within
  the last 5 years;
  (B) continue to maintain at least 80 percent currency of final case
  dispositions in all identifiable child abuse crime cases in which there
  has been an event of activity within the preceding 5 years; and
  (C) take steps to achieve full disposition reporting, including data
  quality audits and periodic notices to criminal justice agencies identifying
  records that lack final dispositions and requesting those dispositions.
  (c) LIAISON- An authorized agency of a State shall maintain close liaison
  with the National Center on Child Abuse and Neglect, the National Center
  for Missing and Exploited Children, and the National Center for the
  Prosecution of Child Abuse for the exchange of technical assistance in
  cases of child abuse.
  (d) ANNUAL SUMMARY- (1) The Attorney General shall publish an annual
  statistical summary of the child abuse crime information reported under
  this title.
  (2) The annual statistical summary described in paragraph (1) shall not
  contain any information that may reveal the identity of any particular
  victim or alleged violator.
  (e) ANNUAL REPORT- The Attorney General shall publish an annual summary
  of each State's progress in reporting child abuse crime information to
  the national criminal background check system.
  (f) STUDY OF CHILD ABUSE OFFENDERS- (1) Not later than 180 days after
  the date of enactment of this Act, the Administrator of the Office of
  Juvenile Justice and Delinquency Prevention shall begin a study based on
  a statistically significant sample of convicted child abuse offenders and
  other relevant information to determine--
  (A) the percentage of convicted child abuse offenders who have more than
  1 conviction for an offense involving child abuse;
  (B) the percentage of convicted child abuse offenders who have been
  convicted of an offense involving child abuse in more than 1 State;
  (C) whether there are crimes or classes of crimes, in addition to those
  defined as background check crimes in section 3, that are indicative of
  a potential to abuse children; and
  (D) the extent to which and the manner in which instances of child abuse
  form a basis for convictions for crimes other than child abuse crimes.
  (2) Not later than 1 year after the date of enactment of this Act, the
  Administrator shall submit a report to the Chairman of the Committee on the
  Judiciary of the Senate and the Chairman of the Committee on the Judiciary
  of the House of Representatives containing a description of and a summary
  of the results of the study conducted pursuant to paragraph (1).
SEC. 105. BACKGROUND CHECKS.
  (a) IN GENERAL- (1) A State may have in effect procedures (established by or
  under State statute or regulation) to permit a qualified entity to contact
  an authorized agency of the State to request a nationwide background check
  for the purpose of determining whether there is a report that a provider
  is under indictment for, or has been convicted of, a background check crime.
  (2) The authorized agency shall access and review State and Federal records
  of background check crimes through the national criminal background check
  system and shall respond promptly to the inquiry.
  (b) GUIDELINES- (1) The Attorney General shall establish guidelines for
  State background check procedures established under subsection (a), which
  guidelines shall include the requirements and protections of this title.
  (2) The guidelines established under paragraph (1) shall require--
  (A) that no qualified entity may request a background check of a provider
  under subsection (a) unless the provider first completes and signs a
  statement that--
  (i) contains the name, address, and date of birth appearing on a valid
  identification document (as defined by section 1028(d)(1) of title 18,
  United States Code) of the provider;
  (ii) the provider is not under indictment for, and has not been convicted
  of, a background check crime and, if the provider is under indictment for
  or has been convicted of a background check crime, contains a description
  of the crime and the particulars of the indictment or conviction;
  (iii) notifies the provider that the entity may request a background check
  under subsection (a);
  (iv) notifies the provider of the provider's rights under subparagraph
  (B); and
  (v) notifies the provider that prior to the receipt of the background
  check the qualified entity may choose to deny the provider unsupervised
  access to a child to whom the qualified entity provides child care;
  (B) that each State establish procedures under which a provider who is
  the subject of a background check under subsection (a) is entitled--
  (i) to obtain a copy of any background check report and any record that
  forms the basis for any such report; and
  (ii) to challenge the accuracy and completeness of any information contained
  in any such report or record and obtain a prompt determination from an
  authorized agency as to the validity of such challenge;
  (C) that an authorized agency to which a qualified entity has provided
  notice pursuant to subsection (a) make reasonable efforts to complete
  research in whatever State and local recordkeeping systems are available
  and in the national criminal background check system and respond to the
  qualified entity within 15 business days;
  (D) that the response of an authorized agency to an inquiry pursuant
  to subsection (a) inform the qualified entity that the background check
  pursuant to this section--
  (i) may not reflect all indictments or convictions for a background check
  crime; and
  (ii) may not be the sole basis for determining the fitness of a provider;
  (E) that the response of an authorized agency to an inquiry pursuant
  to subsection (a) be limited to the conviction or pending indictment
  information reasonably required to accomplish the purposes of this title;
  (F) that the qualified entity may choose to deny the provider unsupervised
  access to a child to whom the qualified entity provides child care on
  the basis of a background check under subsection (a) until the provider
  has obtained a determination as to the validity of any challenge under
  subparagraph (B) or waived the right to make such challenge; and
  (G) that each State establish procedures to ensure that any background
  check under subsection (a) and the results thereof shall be requested by
  and provided only to--
  (i) qualified entities identified by States;
  (ii) authorized representatives of a qualified entity who have a need to
  know such information;
  (iii) the provider who is the subject of a background check;
  (iv) law enforcement authorities; or
  (v) pursuant to the direction of a court of law;
  (H) that background check information conveyed to a qualified entity
  pursuant to subsection (a) shall not be conveyed to any person except as
  provided under subparagraph (G);
  (I) that an authorized agency shall not be liable in an action at law
  for damages for failure to prevent a qualified entity from taking action
  adverse to a provider on the basis of a background check;
  (J) that a State employee or a political subdivision of a State or
  employee thereof responsible for providing information to the national
  criminal background check system shall not be liable in an action at law
  for damages for failure to prevent a qualified entity from taking action
  adverse to a provider on the basis a background check; and
  (K) that a State or Federal provider of criminal history records, and
  any employee thereof, shall not be liable in an action at law for damages
  for failure to prevent a qualified entity from taking action adverse to a
  provider on the basis of a criminal background check, or due to a criminal
  history record's being incomplete.
  (c) EQUIVALENT PROCEDURES- (1) Notwithstanding anything to the contrary
  in this section, the Attorney General may certify that a State licensing
  or certification procedure that differs from the procedures described
  in subsections (a) and (b) shall be deemed to be the equivalent of such
  procedures for purposes of this Act, but the procedures described in
  subsections (a) and (b) shall continue to apply to those qualified entities,
  providers, and background check crimes that are not governed by or included
  within the State licensing or certification procedure.
  (2) The Attorney General shall by regulation establish criteria for
  certifications under this subsection. Such criteria shall include a finding
  by the Attorney General that the State licensing or certification procedure
  accomplishes the purposes of this Act and incorporates a nationwide review
  of State and Federal records of background check offenses through the
  national criminal background check system.
  (d) REGULATIONS- (1) The Attorney General may by regulation prescribe such
  other measures as may be required to carry out the purposes of this title,
  including measures relating to the security, confidentiality, accuracy,
  use, misuse, and dissemination of information, and audits and recordkeeping.
  (2) The Attorney General shall, to the maximum extent possible, encourage
  the use of the best technology available in conducting background checks.
SEC. 106. FUNDING FOR IMPROVEMENT OF CHILD ABUSE CRIME INFORMATION.
  (a) USE OF FORMULA GRANTS FOR IMPROVEMENTS IN STATE RECORDS AND SYSTEMS-
  Section 509(b) of the Omnibus Crime Control and Safe Streets Act of 1968
  (42 U.S.C. 3759(b)) is amended--
  (A) in paragraph (2) by striking `and' after the semicolon;
  (B) in paragraph (3) by striking the period and inserting `; and'; and
  (C) by adding at the end the following new paragraph:
  `(4) the improvement of State record systems and the sharing of all of the
  records described in paragraphs (1), (2), and (3) and the records required
  by the Attorney General under section 914 of the National Child Protection
  Act of 1991 with the Attorney General for the purpose of implementing the
  National Child Protection Act of 1991.'.
  (b) ADDITIONAL FUNDING GRANTS FOR THE IMPROVEMENT OF CHILD ABUSE CRIME
  INFORMATION- (1) The Attorney General shall, subject to appropriations
  and with preference to States that as of the date of enactment of this
  Act have the lowest percent currency of case dispositions in computerized
  criminal history files, make a grant to each State to be used--
  (A) for the computerization of criminal history files for the purposes of
  this title;
  (B) for the improvement of existing computerized criminal history files
  for the purposes of this title;
  (C) to improve accessibility to the national criminal background check
  system for the purposes of this title; and
  (D) to assist the State in the transmittal of criminal records to, or the
  indexing of criminal history record in, the national criminal background
  check system for the purposes of this title.
  (2) There are authorized to be appropriated for grants under paragraph
  (1) a total of $20,000,000 for fiscal years 1992, 1993, and 1994.
  (c) WITHHOLDING STATE FUNDS- Effective 1 year after the date of enactment
  of this Act, for a fiscal year the Attorney General may reduce by up to
  25 percent the amount allocated that exceeds the allocation to a State
  for fiscal year 1993 under title I of the Omnibus Crime Control and Safe
  Streets Act of 1968 of a State that is not in compliance with the timetable
  established for that State under section 104 of this Act.
TITLE II--NOTIFICATION OF RELEASE OF PRISONERS
SEC. 201. NOTIFICATION OF RELEASE OF PRISONERS.
 Section 4042 of title 18, United States Code, is amended--
  (1) by striking `The Bureau' and inserting `(a) IN GENERAL- The Bureau';
  (2) by striking `This section' and inserting `(c) Application of Section-
  This section';
  (3) in paragraph (4) of subsection (a), as designated by paragraph (1)
  of this subsection--
  (A) by striking `Provide' and inserting `provide'; and
  (B) by striking the period at the end and inserting `; and';
  (4) by inserting after paragraph (4) of subsection (a), as designated by
  paragraph (1) of this subsection, the following new paragraph:
  `(5) provide notice of release of prisoners in accordance with subsection
  (b).'; and
  (5) by inserting after subsection (a), as designated by paragraph (1)
  of this subsection, the following new subsection:
  `(b) NOTICE OF RELEASE OF PRISONERS- (1) Except in the case of a prisoner
  being protected under chapter 224, the Bureau of Prisons shall, at least
  5 days prior to the date on which a prisoner described in paragraph (3)
  is to be released on supervised release, or, in the case of a prisoner on
  supervised release, at least 5 days prior to the date on which the prisoner
  changes residence to a new jurisdiction, cause written notice of the release
  or change of residence to be made to the chief law enforcement officer of
  the State and of the local jurisdiction in which the prisoner will reside.
  `(2) A notice under paragraph (1) shall disclose--
  `(A) the prisoner's name;
  `(B) the prisoner's criminal history, including a description of the
  offense of which the prisoner was convicted; and
  `(C) any restrictions on conduct or other conditions to the release of the
  prisoner that are imposed by law, the sentencing court, or the Bureau of
  Prisons or any other Federal agency.
  `(3) A prisoner is described in this paragraph if the prisoner was
  convicted of--
  `(A) a drug trafficking crime, as that term is defined in section
  924(c)(2); or
  `(B) a crime of violence, as that term is defined in section 924(c)(3).
  `(4) The notice provided under this section shall be used solely for law
  enforcement purposes.'.
SEC. 202. APPLICATION TO PRISONERS TO WHICH PRIOR LAW APPLIES.
  In the case of a prisoner convicted of an offense committed prior to November
  1, 1987, the reference to supervised release in section 4042(b) of title 18,
  United States Code, shall be deemed to be a reference to probation or parole.
TITLE III--BAIL POSTING REPORTING
SEC. 301. SHORT TITLE.
  This title may be cited as the `Illegal Drug Profits Act of 1991'.
SEC. 302. REQUIRED REPORTING BY CRIMINAL COURT CLERKS.
  (a) IN GENERAL- Each clerk of a Federal or State criminal court shall report
  to the Internal Revenue Service, in a form and manner as prescribed by the
  Secretary of the Treasury, the name and taxpayer identification number of--
  (1) any individual charged with any criminal offense who posts cash bail,
  or on whose behalf cash bail is posted, in an amount exceeding $10,000, and
  (2) any individual or entity (other than a licensed bail bonding individual
  or entity) posting such cash bail for or on behalf of such individual.
  (b) CRIMINAL OFFENSES- For purposes of subsection (a), the term `criminal
  offense' means--
  (1) any Federal criminal offense involving a controlled substance,
  (2) racketeering (as defined in section 1951, 1952, or 1955 of title 18,
  United States Code),
  (3) money laundering (as defined in section 1956 or 1957 of title 18,
  United States Code), or
  (4) any violation of State criminal law involving offenses substantially
  similar to the offenses described in the preceding paragraphs.
  (c) COPY TO PROSECUTORS- Each clerk shall submit a copy of each report of
  cash bail described in subsection (a) to--
  (1) the office of the United States Attorney, and
  (2) the office of the local prosecuting attorney, for the jurisdiction in
  which the defendant resides (and the jurisdiction in which the criminal
  offense occurred, if different).
  (d) REGULATIONS- The Secretary of the Treasury shall promulgate such
  regulations as are necessary within 90 days of the enactment of this title.
  (e) EFFECTIVE DATE- This section shall become effective 60 days after the
  date of the promulgation of regulations under subsection (c).
TITLE IV--INSURANCE FRAUD
SEC.  401. CRIMES BY OR AFFECTING PERSONS ENGAGED IN THE BUSINESS OF INSURANCE
WHOSE ACTIVITIES AFFECT INTERSTATE COMMERCE.
  (a) IN GENERAL- Chapter 47 of title 18, United States Code, is amended by
  adding at the end thereof the following new sections:
`Sec. 1033. Crimes by or affecting persons engaged in the business of
insurance whose activities affect interstate commerce
  `(a)(1) Whoever is engaged in the business of insurance whose activities
  affect interstate commerce and, with the intent to deceive, knowingly
  makes any false material statement or report or willfully and materially
  overvalues any land, property or security--
  `(A) in connection with any financial reports or documents presented to any
  insurance regulatory official or agency or an agent or examiner appointed
  by such official or agency to examine the affairs of such person, and
  `(B) for the purpose of influencing the actions of such official or agency
  or such an appointed agent or examiner,
shall be punished as provided in paragraph (2).
  `(2) The punishment for an offense under paragraph (1) is a fine as
  established under this title or imprisonment for not more than 10 years,
  or both, except that the term of imprisonment shall be not more than
  15 years if the statement or report or overvaluing of land, property,
  or security jeopardizes the safety and soundness of an insurer.
  `(b)(1) Whoever--
  `(A) acting as, or being an officer, director, agent, or employee of,
  any person engaged in the business of insurance whose activities affect
  interstate commerce, or
  `(B) is engaged in the business of insurance whose activities affect
  interstate commerce or is involved (other than as an insured or beneficiary
  under a policy of insurance) in a transaction relating to the conduct of
  affairs of such a business,
willfully embezzles, abstracts, purloins, or misappropriates any of the moneys,
funds, premiums, credits, or other property of such person so engaged shall
be punished as provided in paragraph (2).
  `(2) The punishment for an offense under paragraph (1) is a fine as provided
  under this title or imprisonment for not more than 10 years, or both, except
  that if such embezzlement, abstraction, purloining, or misappropriation
  described in paragraph (1) jeopardizes the safety and soundness of an
  insurer, such imprisonment shall be not more than 15 years. If the amount
  or value so embezzled, abstracted, purloined, or misappropriated does not
  exceed $5,000, whoever violates paragraph (1) shall be fined as provided
  in this title or imprisoned not more than one year, or both.
  `(c)(1) Whoever is engaged in the business of insurance and whose activities
  affect interstate commerce or is involved (other than as an insured or
  beneficiary under a policy of insurance) in a transaction relating to the
  conduct of affairs of such a business, knowingly makes any false entry of
  material fact in any book, report, or statement of such person engaged in
  the business of insurance with intent to--
  `(A) deceive any person about the financial condition or solvency of such
  business, or
  `(B) deceive any officer, employee, or agent of such person engaged in the
  business of insurance, any insurance regulatory official or agency, or any
  agent or examiner appointed by such official or agency to examine the affairs
  of such person about the financial condition or solvency of such business,
shall be punished as provided in paragraph (2).
  `(2) The punishment for an offense under paragraph (1) is a fine as
  provided under this title or imprisonment for not more than 10 years,
  or both, except that if the false entry in any book, report, or statement
  of such person jeopardizes the safety and soundness of an insurer, such
  imprisonment shall be not more than 15 years.
  `(d) Whoever, by threats or force or by any threatening letter or
  communication, corruptly influences, obstructs, or impedes or endeavors
  corruptly to influence, obstruct, or impede the due and proper administration
  of the law under which any proceeding involving the business of insurance
  whose activities affect interstate commerce is pending before any insurance
  regulatory official or agency or any agent or examiner appointed by such
  official or agency to examine the affairs of a person engaged in the business
  of insurance whose activities affect interstate commerce, shall be fined
  as provided in this title or imprisoned not more than 10 years, or both.
  `(e)(1)(A) Any individual who has been convicted of any criminal felony
  involving dishonesty or a breach of trust, or who has been convicted of
  an offense under this section, and who willfully engages in the business
  of insurance whose activities affect interstate commerce or participates
  in such business, shall be fined as provided in this title or imprisoned
  not more than 5 years, or both.
  `(B) Any individual who is engaged in the business of insurance whose
  activities affect interstate commerce and who willfully permits the
  participation described in subparagraph (A) shall be fined as provided in
  this title or imprisoned not more than 5 years, or both.
  `(2) A person described in paragraph (1)(A) may engage in the business of
  insurance or participate in such business if such person has the written
  consent of any insurance regulatory official authorized to regulate the
  insurer, which consent specifically refers to this subsection.
  `(f) As used in this section--
  `(1) the term `business of insurance' means--
  `(A) the writing of insurance, or
  `(B) the reinsuring of risks,
by an insurer, including all acts necessary or incidental to such writing
or reinsuring and the activities of persons who act as, or are, officers,
directors, agents, or employees of insurers or who are other persons authorized
to act on behalf of such persons;
  `(2) the term `insurer' means any entity the business activity of which
  is the writing of insurance or the reinsuring of risks or any receiver or
  similar official or any liquidating agent for such an entity, in his or her
  capacity as such, and includes any person who acts as, or is, an officer,
  director, agent, or employee of that business;
  `(3) the term `interstate commerce' means--
  `(A) commerce within the District of Columbia, or any territory or possession
  of the United States;
  `(B) all commerce between any point in the State, territory, possession,
  or the District of Columbia and any point outside thereof;
  `(C) all commerce between points within the same State through any place
  outside such State; or
  `(D) all other commerce over which the United States has jurisdiction; and
  `(4) the term `State' includes any State, the District of Columbia, the
  Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin
  Islands, American Samoa, and the Trust Territory of the Pacific Islands.
`Sec. 1034. Civil penalties and injunctions for violations of section 1033
  `(a) The Attorney General may bring a civil action in the appropriate
  United States district court against any person who engages in conduct
  constituting an offense under section 1033 and, upon proof of such conduct
  by a preponderance of the evidence, such person shall be subject to a
  civil penalty of not more than $50,000 for each violation or the amount
  of compensation which the person received or offered for the prohibited
  conduct, whichever amount is greater. If the offense has contributed to
  the decision of a court of appropriate jurisdiction to issue an order
  directing the conservation, rehabilitation, or liquidation of an insurer,
  such penalty shall be remitted to the regulatory official for the benefit
  of the policyholders, claimants, and creditors of such insurer. The
  imposition of a civil penalty under this subsection does not preclude any
  other criminal or civil statutory, common law, or administrative remedy,
  which is available by law to the United States or any other person.
  `(b) If the Attorney General has reason to believe that a person is
  engaged in conduct constituting an offense under section 1033, the Attorney
  General may petition an appropriate United States district court for an
  order prohibiting that person from engaging in such conduct. The court may
  issue an order prohibiting that person from engaging in such conduct if
  the court finds that the conduct constitutes such an offense. The filing
  of a petition under this section does not preclude any other remedy which
  is available by law to the United States or any other person.'.
  (b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter
  47 of such title is amended by adding at the end the following new item:
`1033. Crimes by or affecting persons engaged in the business of insurance
whose activities affect interstate commerce.
`1034. Civil penalties and injunctions for violations of section 1033.'.
  (c) MISCELLANEOUS AMENDMENTS TO TITLE 18, UNITED STATES CODE- (1) TAMPERING
  WITH INSURANCE REGULATORY PROCEEDINGS- Section 1515(a)(1) of title 18,
  United States Code, is amended--
  (A) by striking `or' at the end of subparagraph (B);
  (B) by inserting `or' at the end of subparagraph (C); and
  (C) by adding at the end the following new subparagraph:
  `(D) a proceeding involving the business of insurance whose activities
  affect interstate commerce before any insurance regulatory official or
  agency or any agent or examiner appointed by such official or agency to
  examine the affairs of any person engaged in the business of insurance
  whose activities affect interstate commerce;'.
  (2) LIMITATIONS- Section 3293 of such title is amended by inserting `1033,'
  after `1014,'.
  (3) OBSTRUCTION OF CRIMINAL INVESTIGATIONS- Section 1510 of title 18, United
  States Code, is amended by adding at the end the following new subsection:
  `(d)(1) Whoever--
  `(A) acting as, or being, an officer, director, agent or employee of
  a person engaged in the business of insurance whose activities affect
  interstate commerce, or
  `(B) is engaged in the business of insurance whose activities affect
  interstate commerce or is involved (other than as an insured or beneficiary
  under a policy of insurance) in a transaction relating to the conduct of
  affairs of such a business,
with intent to obstruct a judicial proceeding, directly or indirectly notifies
any other person about the existence or contents of a subpoena for records of
that person engaged in such business or information that has been furnished
to a Federal grand jury in response to that subpoena, shall be fined as
provided by this title or imprisoned not more than 5 years, or both.
  `(2) As used in paragraph (1), the term `subpoena for records' means a
  Federal grand jury subpoena for records that has been served relating to
  a violation of, or a conspiracy to violate, section 1033 of this title.'.
TITLE V--ART THEFT
SEC. 501. THEFTS OF MAJOR ART WORKS.
  (a) OFFENSE- Chapter 31 of title 18, United States Code, is amended by
  adding at the end thereof the following:
`Sec. 668. Theft of a major art work
  `(a) Whoever steals or obtains by fraud any object of cultural heritage
  held in a museum, or knowing the same to have been stolen, converted, or
  taken by fraud receives, conceals, stores, sells, exhibits, or disposes
  of such goods, shall be fined under this title, imprisoned for not more
  than the maximum term of imprisonment for a class C felony, or both.
  `(b) Notwithstanding section 3282 of this title, the statute of limitations
  for an offense under this section shall be 20 years.
  `(c) The property of a person convicted of an offense under this section
  shall be subject to criminal forfeiture under section 982 of this title.
  `(d) For purposes of this section--
  `(1) The term `museum' means an organized and permanent institution, situated
  in the United States, essentially educational or aesthetic in purpose with
  professional staff, which owns and utilizes tangible objects, cares for
  them, and exhibits them to the public on some regularly scheduled period.
  `(2) The term `stolen object of cultural heritage' means an object stolen
  from a museum after the effective date of this title reported to law
  enforcement authorities as stolen and registered with the International
  Foundation for Art Research, or any equivalent registry.'.
  (b) CHAPTER ANALYSIS- The chapter analysis for chapter 31 of title 18,
  United States Code, is amended by adding at the end thereof the following:
`668. Theft of a major art work.'.
TITLE VI--TRAFFICKING IN COUNTERFEIT GOODS
SEC. 601. INCREASED PENALTIES FOR TRAFFICKING IN COUNTERFEIT GOODS AND
SERVICES.
  (a) IN GENERAL- Section 2320(a) of title 18, United States Code, is amended--
  (1) in the first sentence by striking `imprisoned not more than five years'
  and inserting `imprisoned not more than 10 years'; and
  (2) in the second sentence by striking `imprisoned not more than fifteen
  years' and inserting `imprisoned not more than 20 years'.
  (b) LAUNDERING MONETARY INSTRUMENTS- Section 1956(c)(7)(D) of title 18,
  United States Code, is amended by striking `or section 2319 (relating
  to copyright infringement),' and inserting `section 2319 (relating to
  copyright infringement), or section 2320 (relating to trafficking in
  counterfeit goods and services),'.
TITLE VII--CRIME VICTIMS
SEC. 701. SHORT TITLE.
  This title may be cited as the `Victims' Rights and Restitution Act of 1992'.
SEC. 702. AVAILABILITY OF FUNDS.
  Section 1402 of the Victims of Crime Act of 1984, as amended, is amended--
  (a) by striking subsection (c) and redesignating (d), (e), (f) and (g)
  as subsections (c), (d), (e), and (f), respective; and
  (b) by adding a new subsection (c) to read as follows:
  `(c) Availability of funds for expenditure; grant program percentages
  `(1) Sums deposited in the Fund shall remain in the Fund and be available
  for expenditure under this subsection for grants under this chapter without
  fiscal year limitation.
  `(2) The Fund shall be available as follows:
  `(A) The first $6,200,000 deposited in the Fund in each of the fiscal years
  1992 through 1995 and the first $3,000,000 in each fiscal year thereafter
  shall be available to the judicial branch for administrative costs to
  carry out the functions of the judicial branch under sections 3611 and
  3612 of title 18, United States Code.
  `(B) Of the first $100,000,000 deposited in the Fund in a particular
  fiscal year--
  `(i) 49.5 percent shall be available for grants under section 10602 of
  this title;
  `(ii) 45 percent shall be available for grants under section 10603(a)
  of this title;
  `(iii) 1 percent shall be available for grants under section 10603(c)
  of this title; and
  `(iv) 4.5 percent shall be available for grants as provided in section
  10603a of this title.
  `(C) The next $5,500,000 deposited in the Fund in a particular fiscal year
  shall be available for grants as provided in section 10603a of this title.
  `(D) The next $4,500,000 deposited in the Fund in a particular fiscal year
  shall be available for grants under section 10603(a) of this title.
  `(E) Any deposits in the Fund in a particular fiscal year that remain
  after the funds are distributed under subparagraphs (A) through (D) shall
  be available as follows:
  `(i) 47.5 percent shall be available for grants under section 10602 of
  this title;
  `(ii) 47.5 percent shall be available for grants under section 10603(a)
  of this title; and
  `(iii) 5 percent shall be available for grants under section 10603(c)(1)(B)
  of this title.'.
TITLE VIII--SENTENCING PROVISIONS
SEC. 801. IMPOSITION OF SENTENCE.
  Section 3553(a)(4) of title 18, United States Code, is amended to read
  as follows:
  `(4) the kinds of sentence and the sentencing range established for--
  `(A) the applicable category of offense committed by the applicable category
  of defendant as set forth in the guidelines issued by the Sentencing
  Commission pursuant to section 994(a)(1) of title 28, United States Code,
  and that are in effect on the date the defendant is sentenced; or
  `(B) in the case of a violation of probation or supervised release,
  the applicable guidelines or policy statements issued by the Sentencing
  Commission pursuant to section 994(a)(3) of title 28, United States Code;'.
SEC. 802. TECHNICAL AMENDMENT TO MANDATORY CONDITIONS OF PROBATION.
  Section 3563(a)(3) of title 18, United States Code, is amended by striking
  `possess illegal controlled substances' and inserting `unlawfully possess
  a controlled substance'.
SEC. 803. REVOCATION OF PROBATION.
  (a) IN GENERAL- Section 3565(a) of title 18, United States Code, is amended--
  (1) in paragraph (2) by striking `impose any other sentence that was
  available under subchapter A at the time of the initial sentencing' and
  inserting `resentence the defendant under subchapter A'; and
  (2) by striking the last sentence.
  (b) MANDATORY REVOCATION- Section 3565(b) of title 18, United States Code,
  is amended to read as follows:
  `(b) MANDATORY REVOCATION FOR POSSESSION OF CONTROLLED SUBSTANCE OR FIREARM
  OR REFUSAL TO COOPERATE IN DRUG TESTING- If the defendant--
  `(1) possesses a controlled substance in violation of the condition set
  forth in section 3563(a)(3);
  `(2) possesses a firearm, as such term is defined in section 921 of this
  title, in violation of Federal law, or otherwise violates a condition of
  probation prohibiting the defendant from possessing a firearm; or
  `(3) refuses to cooperate in drug testing, thereby violating the condition
  imposed by section 3563(a)(4),
the court shall revoke the sentence of probation and resentence the defendant
under subchapter A to a sentence that includes a term of imprisonment.'.
SEC. 804. SUPERVISED RELEASE AFTER IMPRISONMENT.
  Section 3583 of title 18, United States Code, is amended--
  (1) in subsection (d), by striking `possess illegal controlled substances'
  and inserting `unlawfully possess a controlled substance';
  (2) in subsection (e)--
  (A) by striking `person' each place such term appears in such subsection
  and inserting `defendant'; and
  (B) by amending paragraph (3) to read as follows:
  `(3) revoke a term of supervised release, and require the defendant to
  serve in prison all or part of the term of supervised release authorized by
  statute for the offense that resulted in such term of supervised release
  without credit for time previously served on postrelease supervision, if
  the court, pursuant to the Federal Rules of Criminal Procedure applicable to
  revocation of probation or supervised release, finds by a preponderance of
  the evidence that the defendant violated a condition of supervised release,
  except that a defendant whose term is revoked under this paragraph may
  not be required to serve more than 5 years in prison if the offense that
  resulted in the term of supervised release is a class A felony, more than
  3 years in prison if such offense is a class B felony, more than 2 years
  in prison if such offense is a class C or D felony, or more than one year
  in any other case; or'; and
  (3) by striking subsection (g) and inserting the following:
  `(g) MANDATORY REVOCATION FOR POSSESSION OF CONTROLLED SUBSTANCE OR FIREARM
  OR FOR REFUSAL TO COOPERATE WITH DRUG TESTING- If the defendant--
  `(1) possesses a controlled substance in violation of the condition set
  forth in subsection (d);
  `(2) possesses a firearm, as such term is defined in section 921 of this
  title, in violation of Federal law, or otherwise violates a condition of
  supervised release prohibiting the defendant from possessing a firearm; or
  `(3) refuses to cooperate in drug testing imposed as a condition of
  supervised release;
the court shall revoke the term of supervised release and require the defendant
to serve a term of imprisonment not to exceed the maximum term of imprisonment
authorized under subsection (e)(3).
  `(h) SUPERVISED RELEASE FOLLOWING REVOCATION- When a term of supervised
  release is revoked and the defendant is required to serve a term of
  imprisonment that is less than the maximum term of imprisonment authorized
  under subsection (e)(3), the court may include a requirement that the
  defendant be placed on a term of supervised release after imprisonment. The
  length of such a term of supervised release shall not exceed the term of
  supervised release authorized by statute for the offense that resulted
  in the original term of supervised release, less any term of imprisonment
  that was imposed upon revocation of supervised release.
  `(i) DELAYED REVOCATION- The power of the court to revoke a term of
  supervised release for violation of a condition of supervised release,
  and to order the defendant to serve a term of imprisonment and, subject to
  the limitations in subsection (h), a further term of supervised release,
  extends beyond the expiration of the term of supervised release for any
  period reasonably necessary for the adjudication of matters arising before
  its expiration if, before its expiration, a warrant or summons has been
  issued on the basis of an allegation of such a violation.'.
TITLE IX--SENTENCING AND MAGISTRATES AMENDMENTS
SEC. 901. AUTHORIZATION OF PROBATION FOR PETTY OFFENSES IN CERTAIN CASES.
  Section 3561(a)(3) of title 18, United States Code, is amended by adding
  at the end: `However, this paragraph does not preclude the imposition of
  a sentence to a term of probation for a petty offense if the defendant
  has been sentenced to a term of imprisonment at the same time for another
  such offense.'.
SEC. 902. TRIAL BY A MAGISTRATE IN PETTY OFFENSE CASES.
  Section 3401 of title 18, United States Code, is amended--
  (1) in subsection (b) by adding `other than a petty offense' after
  `misdemeanor'; and
  (2) in subsection (g) by amending the first sentence to read as follows:
  `The magistrate judge may, in a petty offense case involving a juvenile,
  exercise all powers granted to the district court under chapter 403 of
  this title.'.
SEC. 903. CONFORMING AUTHORITY FOR MAGISTRATES TO REVOKE SUPERVISED RELEASE
IN ADDITION TO PROBATION IN MISDEMEANOR CASES IN WHICH THE MAGISTRATE
IMPOSED SENTENCE.
  Section 3401(d) of title 18, United States Code, is amended by adding at
  the end the following: `A magistrate judge who has sentenced a person to
  a term of supervised release shall also have power to revoke or modify
  the term or conditions of such supervised release.'.
TITLE X--ATTORNEYS' FEES REIMBURSEMENT ACT
SEC. 1001. AWARDS OF ATTORNEY'S FEES.
  Section 526 of title 28, United States Code, is amended by adding at the
  end the following new subsection:
  `(c)(1)(A) A current or former Department of Justice attorney, agent,
  or employee who supervises an agent who is the subject of a criminal or
  disciplinary investigation, instituted on or after the date of enactment
  of this subsection, arising out of acts performed in the discharge of
  his or her duties in prosecuting or investigating a criminal matter, who
  is not provided representation under Department of Justice regulations,
  shall be entitled to reimbursement of reasonable attorney's fees incurred
  during and as a result of the investigation if the investigation does not
  result in adverse action against the attorney, agent, or employee.
  `(B) A current or former attorney, agent, or employee who supervises an agent
  employed as or by a Federal public defender who is the subject of a criminal
  or disciplinary investigation instituted on or after the date of enactment
  of this subsection, arising out of acts performed in the discharge of his
  or her duties in defending or investigating a criminal matter in connection
  with the public defender program, who is not provided representation by a
  Federal public defender or the Administrative Office of the United States
  Courts is entitled to reimbursement of reasonable attorney's fees incurred
  during and as a result of the investigation if the investigation does not
  result in adverse action against the attorney, agent, or employee.
  `(2) For purposes of paragraph (1), an investigation shall be considered
  not to result in adverse action against an attorney, agent, or employee if--
  `(A) in the case of a criminal investigation, the investigation does
  not result in indictment of, the filing of a criminal complaint against,
  or the entry of a plea of guilty by the attorney, agent, or supervising
  employee; and
  `(B) in the case of a disciplinary investigation, the investigation does
  not result in discipline or results in only discipline less serious than
  a formal letter of reprimand finding actual and specific wrongdoing.
  `(3) The Attorney General shall provide notice in writing of the conclusion
  and result of an investigation described in paragraph (1).
  `(4) An attorney, agent, or supervising employee who was the subject of an
  investigation described in paragraph (1) may waive his or her entitlement
  to reimbursement of attorney's fees under paragraph (1) as part of a
  resolution of a criminal or disciplinary investigation.
  `(5) An application for attorney fee reimbursement under this subsection
  shall be made not later than 180 days after the attorney, agent, or employee
  is notified in writing of the conclusion and result of the investigation.
  `(6) Upon receipt of a proper application under this subsection for
  reimbursement of attorney's fees, the Attorney General and the Director
  of the Administrative Office of the United States Courts shall award
  reimbursement for the amount of attorney's fees that are found to have
  been reasonably incurred by the applicant as a result of an investigation.
  `(7) The official making an award under this subsection shall make inquiry
  into the reasonableness of the amount requested, and shall consider--
  `(A) the sufficiency of the documentation accompanying the request;
  `(B) the need or justification for the underlying item;
  `(C) the reasonableness of the sum requested in light of the nature of
  the investigation; and
  `(D) current rates for equal services in the community in which the
  investigation took place.
  `(8)(A) Reimbursements of attorney's fees ordered under this subsection by
  the Attorney General shall be paid from the appropriation made by section
  1304 of title 31, United States Code.
  `(B) Reimbursements of attorney's fees ordered under this Act by the
  Director of the Administrative Office of the United States Courts shall
  be paid from appropriations authorized by section 3006A(i) of title 18,
  United States Code.
  `(9) The Attorney General and the Director of the Administrative Office
  of the United States Courts may delegate their powers and duties under
  this subsection to an appropriate subordinate.'.
TITLE XI--PRECURSOR CHEMICALS ACT
SEC. 1101. SHORT TITLE.
  This title may be cited as the `Chemical Control Amendments Act of 1992'.
SEC. 1102. DEFINITION AMENDMENTS.
  (a) DEFINITIONS- Section 102 of the Controlled Substances Act (21 U.S.C. 802)
  is amended--
  (1) in paragraph (33) by striking `any listed precursor chemical or
  listed essential chemical' and inserting `any list I chemical or any list
  II chemical';
  (2) in paragraph (34)--
  (A) by striking `listed precursor chemical' and inserting `list I chemical';
  and
  (B) by striking `critical to the creation' and inserting `important to
  the manufacturer';
  (3) in paragraph (34) (A), (F), and (H), by inserting `, its esters' before
  `and';
  (4) in paragraph (35)--
  (A) by striking `listed essential chemical' and inserting `list II chemical';
  (B) by inserting `(other than a list I chemical)' before `specified';
  (C) by striking `as a solvent, reagent, or catalyst'; and
  (5) in paragraph (38) by inserting `or who acts as a broker or trader for an
  international transaction involving a listed chemical, a tableting machine,
  or an encapsulating machine' before the period;
  (6) in paragraph (39)(A)--
  (A) by striking `importation or exportation of' and inserting `importation,
  or exportation of, or an international transaction involving shipment of,';
  (B) in clause (iii) by inserting `or any category of transaction for a
  specific listed chemical or chemicals' after `transaction';
  (C) by amending clause (iv) to read as follows:
  `(iv) any transaction in a listed chemical that is contained in a drug
  that may be marketed or distributed lawfully in the United States under
  the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) unless--
  `(I)(aa) the drug contains ephedrine or its salts, optical isomers,
  or salts of optical isomers as the only active medicinal ingredient or
  contains ephedrine and therapeutically insignificant quantities of another
  active medicinal ingredient; or
  `(bb) the Attorney General has determined under section 204 that the drug
  or group of drugs is being diverted to obtain the listed chemical for use
  in the illicit production of a controlled substance; and
  `(II) the quantity of ephedrine or other listed chemical contained in the
  drug included in the transaction or multiple transactions equals or exceeds
  the threshold established for that chemical by the Attorney General.'; and
  (D) in clause (v) by striking the semicolon and inserting `which the Attorney
  General has by regulation designated as exempt from the application of
  this title and title II based on a finding that the mixture is formulated
  in such a way that it cannot be easily used in the illicit production of
  a controlled substance and that the listed chemical or chemicals contained
  in the mixture cannot be readily recovered;';
  (7) in paragraph (40) by striking `listed precursor chemical or a listed
  essential chemical' each place it appears and inserting `list I chemical
  or a list II chemical'; and
  (8) by adding at the end the following new paragraphs:
  `(43) The term `international transaction' means a transaction involving
  the shipment of a listed chemical across an international border (other
  than a United States border) in which a broker or trader located in the
  United States participates.
  `(44) The terms `broker' and `trader' mean a person that assists in
  arranging an international transaction in a listed chemical by--
  `(A) negotiating contracts;
  `(B) serving as an agent or intermediary; or
  `(C) bringing together a buyer and seller, buyer, and transporter, or a
  seller and transporter.'.
  (b) REMOVAL OF EXEMPTION OF CERTAIN DRUGS-
  (1) PROCEDURE- Part B of the Controlled Substances Act (21 U.S.C. 811 et
  seq.) is amended by adding at the end the following new section:
`REMOVAL OF EXEMPTION OF CERTAIN DRUGS
  `SEC. 204. (a) REMOVAL OF EXEMPTION- The Attorney General shall by regulation
  remove from exemption under section 102(39)(A)(iv)(II) a drug or group of
  drugs that the Attorney General finds is being diverted to obtain a listed
  chemical for use in the illicit production of a controlled substance.
  `(b) FACTORS TO BE CONSIDERED- In removing a drug or group of drugs from
  exemption under subsection (a), the Attorney General shall consider,
  with respect to a drug or group of drugs that is proposed to be removed
  from exemption--
  `(1) the scope, duration, and significance of the diversion;
  `(2) whether the drug or group of drugs is formulated in such a way
  that it cannot be easily used in the illicit production of a controlled
  substance; and
  `(3) whether the listed chemical can be readily recovered from the drug
  or group of drugs.
  `(c) SPECIFICITY OF DESIGNATION- The Attorney General shall limit the
  designation of a drug or a group of drugs removed from exemption under
  subsection (a) to the most particularly identifiable type of drug or group
  of drugs for which evidence of diversion exists unless there is evidence,
  based on the pattern of diversion and other relevant factors, that the
  diversion will not be limited to that particular drug or group of drugs.
  `(d) REINSTATEMENT OF EXEMPTION WITH RESPECT TO PARTICULAR DRUG PRODUCTS-
  `(1) REINSTATEMENT- On application by a manufacturer of a particular drug
  product that has been removed from exemption under subsection (a), the
  Attorney General shall by regulation reinstate the exemption with respect
  to that particular drug product if the Attorney General determines that
  the particular drug product is manufactured and distributed in a manner
  that prevents diversion.
  `(2) FACTORS TO BE CONSIDERED- In deciding whether to reinstate the
  exemption with respect to a particular drug product under paragraph (1),
  the Attorney General shall consider--
  `(A) the package sizes and manner of packaging of the drug product;
  `(B) the manner of distribution and advertising of the drug product;
  `(C) evidence of diversion of the drug product;
  `(D) any actions taken by the manufacturer to prevent diversion of the
  drug product; and
  `(E) such other factors as are relevant to and consistent with the public
  health and safety, including the factors described in subsection (b)
  as applied to the drug product.
  `(3) STATUS PENDING APPLICATION FOR REINSTATEMENT- A transaction
  involving a particular drug product that is the subject of a bona
  fide pending application for reinstatement of exemption filed with the
  Attorney General not later than 60 days after a regulation removing the
  exemption is issued pursuant to subsection (a) shall not be considered to
  be a regulated transaction if the transaction occurs during the pendency
  of the application and, if the Attorney General denies the application,
  during the period of 60 days following the date on which the Attorney
  General denies the application, unless--
  `(A) the Attorney General has evidence that, applying the factors described
  in subsection (b) to the drug product, the drug product is being diverted;
  and
  `(B) the Attorney General so notifies the applicant.
  `(4) AMENDMENT AND MODIFICATION- A regulation reinstating an exemption under
  paragraph (1) may be modified or revoked with respect to a particular drug
  product upon a finding that--
  `(A) applying the factors described in subsection (b) to the drug product,
  the drug product is being diverted; or
  `(B) there is a significant change in the data that led to the issuance
  of the regulation.'.
  (2) TECHNICAL AMENDMENT- The table of contents of the Comprehensive
  Drug Abuse Prevention and Control Act of 1970 (84 Stat. 1236) is amended
  by adding at the end of the section relating to part B of title II the
  following new item:
`Sec. 204. Removal of exemption of certain drugs.'.
  (c) REGULATION OF LISTED CHEMICALS- Section 310 of the Controlled Substances
  Act (21 U.S.C. 830) is amended--
  (1) in subsection (a)(1)--
  (A) by striking `precursor chemical' and inserting `list I chemical'; and
  (B) in subparagraph (B) by striking `an essential chemical' and inserting
  `a list II chemical'; and
  (2) in subsection (c)(2)(D) by striking `precursor chemical' and inserting
  `chemical control'.
SEC. 1103. REGISTRATION REQUIREMENTS.
  (a) RULES AND REGULATIONS- Section 301 of the Controlled Substances Act
  (21 U.S.C. 821) is amended by striking the period and inserting `and
  to the registration and control of regulated persons and of regulated
  transactions.'.
  (b) PERSONS REQUIRED TO REGISTER UNDER SECTION 302- Section 302 of the
  Controlled Substances Act (21 U.S.C. 822) is amended--
  (1) in subsection (a)(1) by inserting `or list I chemical' after `controlled
  substance' each place it appears;
  (2) in subsection (b)--
  (A) by inserting `or list I chemicals' after `controlled substances'; and
  (B) by inserting `or chemicals' after `such substances';
  (3) in subsection (c) by inserting `or list I chemical' after `controlled
  substance' each place it appears; and
  (4) in subsection (e) by inserting `or list I chemicals' after `controlled
  substances'.
  (c) REGISTRATION REQUIREMENTS UNDER SECTION 303- Section 303 of the
  Controlled Substances Act (21 U.S.C. 823) is amended by adding at the end
  the following new subsection:
  `(h) The Attorney General shall register an applicant to distribute a list
  I chemical unless the Attorney General determines that  registration of the
  applicant is inconsistent with the public interest. Registration under this
  subsection shall not be required for the distribution of a drug product that
  is exempted under section 102(39)(A)(iv). In determining the public interest
  for the purposes of this subsection, the Attorney General shall consider--
  `(1) maintenance by the applicant of effective controls against diversion
  of listed chemicals into other than legitimate channels;
  `(2) compliance by the applicant with applicable Federal, State and
  local law;
  `(3) any prior conviction record of the applicant under Federal or State
  laws relating to controlled substances or to chemicals controlled under
  Federal or State law;
  `(4) any past experience of the applicant in the manufacture and distribution
  of chemicals; and
  `(5) such other factors as are relevant to and consistent with the public
  health and safety.'.
  (d) DENIAL, REVOCATION, OR SUSPENSION OF REGISTRATION- Section 304 of the
  Controlled Substances Act (21 U.S.C. 824) is amended--
  (1) in subsection (a)--
  (A) by inserting `or a list I chemical' after `controlled substance'
  each place it appears; and
  (B) by inserting `or list I chemicals' after `controlled substances';
  (2) in subsection (b) by inserting `or list I chemical' after `controlled
  substance';
  (3) in subsection (f) by inserting `or list I chemicals' after `controlled
  substances' each place it appears; and
  (4) in subsection (g)--
  (A) by inserting `or list I chemicals' after `controlled substances'
  each place it appears; and
  (B) by inserting `or list I chemical' after `controlled substance' each
  place it appears.
  (e) PERSONS REQUIRED TO REGISTER UNDER SECTION 1007- Section 1007 of the
  Controlled Substances Import and Export Act (21 U.S.C. 957) is amended--
  (1) in subsection (a)--
  (A) in paragraph (1) by inserting `or list I chemical' after `controlled
  substance'; and
  (B) in paragraph (2) by striking `in schedule I, II, III, IV, or V,'
  and inserting `or list I chemical,'; and
  (2) in subsection (b)--
  (A) in paragraph (1) by inserting `or list I chemical' after `controlled
  substance' each place it appears; and
  (B) in paragraph (2) by inserting `or list I chemicals' after `controlled
  substances'.
  (f) REGISTRATION REQUIREMENTS UNDER SECTION 1008- Section 1008 of the
  Controlled Substances Import and Export Act (21 U.S.C. 958) is amended--
  (1) in subsection (c)--
  (A) by inserting `(1)' after `(c)'; and
  (B) by adding at the end the following new paragraph:
  `(2)(A) The Attorney General shall register an applicant to import or export
  a list I chemical unless the Attorney General determines that registration
  of the applicant is inconsistent with the public interest. Registration
  under this subsection shall not be required for the import or export of
  a drug product that is exempted under section 102(39)(A)(iv).
  `(B) In determining the public interest for the purposes of subparagraph
  (A), the Attorney General shall consider the factors specified in section
  303(h).';
  (2) in subsection (d)--
  (A) in paragraph (3) by inserting `or list I chemical or chemicals,' after
  `substances,'; and
  (B) in paragraph (6) by inserting `or list I chemicals' after `controlled
  substances' each place it appears;
  (3) in subsection (e) by striking `and 307' and inserting `307, and 310'; and
  (4) in subsections (f), (g), and (h) by inserting `or list I chemicals'
  after `controlled substances' each place it appears.
  (g) PROHIBITED ACTS C- Section 403(a) of the Controlled Substances Act
  (21 U.S.C. 843(a)) is amended--
  (1) by striking `or' at the end of paragraph (7);
  (2) by striking the period at the end of paragraph (8) and inserting `;
  or'; and
  (3) by adding at the end the following new paragraph:
  `(9) if the person is a regulated person, to distribute, import, or export
  a list I chemical without the registration required by this Act.'.
SEC. 1104. REPORTING OF LISTED CHEMICAL MANUFACTURING.
  Section 310(b) of the Controlled Substances Act (21 U.S.C. 830(b))
  is amended--
  (1) by inserting `(1)' after `(b)';
  (2) by redesignating paragraphs (1), (2), (3), and (4) as subparagraphs (A),
  (B), (C), and (D), respectively;
  (3) by striking `paragraph (1)' each place it appears and inserting
  `subparagraph (A)';
  (4) by striking `paragraph (2)' and inserting `subparagraph (B)';
  (5) by striking `paragraph (3)' and inserting `subparagraph (C)'; and
  (6) by adding at the end the following new paragraph:
  `(2) A regulated person that manufactures a listed chemical shall report
  annually to the Attorney General, in such form and manner and containing
  such specific data as the Attorney General shall prescribe by regulation,
  information concerning listed chemicals manufactured by the person. The
  requirement of the preceding sentence shall not apply to the manufacture
  of a drug product that is exempted under section 102(39)(A)(iv).'.
SEC. 1105. REPORTS BY BROKERS AND TRADERS; CRIMINAL PENALTIES.
  (a) NOTIFICATION, SUSPENSION OF SHIPMENT, AND PENALTIES WITH RESPECT
  TO IMPORTATION AND EXPORTATION OF LISTED CHEMICALS- Section 1018 of the
  Controlled Substances Import and Export Act (21 U.S.C. 971) is amended by
  adding at the end the following new subsection:
  `(d) A person located in the United States who is a broker or trader for
  an international transaction in a listed chemical that is a regulated
  transaction solely because of that person's involvement as a broker or
  trader shall, with respect to that transaction, be subject to all of the
  notification, reporting, recordkeeping, and other requirements placed upon
  exporters of listed chemicals by this title and title II.'.
  (b) PROHIBITED ACTS A- Section 1010(d) of the Controlled Substances Import
  and Export Act (21 U.S.C. 960(d)) is amended to read as follows:
  `(d) A person who knowingly or intentionally--
  `(1) imports or exports a listed chemical with intent to manufacture a
  controlled substance in violation of this title or title II;
  `(2) exports a listed chemical in violation of the laws of the country
  to which the chemical is exported or serves as a broker or trader for an
  international transaction involving a listed chemical, if the transaction
  is in violation of the laws of the country to which the chemical is exported;
  `(3) imports or exports a listed chemical knowing, or having reasonable
  cause to believe, that the chemical will be used to manufacture a controlled
  substance in violation of this title or title II; or
  `(4) exports a listed chemical, or serves as a broker or trader for an
  international transaction involving a listed chemical, knowing, or having
  reasonable cause to believe, that the chemical will be used to manufacture
  a controlled substance in violation of the laws of the country to which
  the chemical is exported,
shall be fined in accordance with title 18, imprisoned not more than 10 years,
or both.'.
SEC. 1106. EXEMPTION AUTHORITY; ADDITIONAL PENALTIES.
  (a) NOTIFICATION REQUIREMENT- Section 1018 of the Controlled Substances
  Import and Export Act (21 U.S.C. 971), as amended by section 5(a), is
  amended by adding at the end the following new subsection:
  `(e)(1) The Attorney General may by regulation require that the 15-day
  notification requirement of subsection (a) apply to all exports of a listed
  chemical to a specified country,  regardless of the status of certain
  customers in such country as regular customers, if the Attorney General
  finds that such notification is necessary to support effective chemical
  diversion control programs or is required by treaty or other international
  agreement to which the United States is a party.
  `(2) The Attorney General may by regulation waive the 15-day notification
  requirement for exports of a listed chemical to a specified country if
  the Attorney General determines that such notification is not required for
  effective chemical diversion control. If the notification requirement is
  waived, exporters of the listed chemical shall be required to submit to the
  Attorney General reports of individual exportations or periodic reports of
  such exportation of the listed chemical, at such time or times and containing
  such information as the Attorney General shall establish by regulation.
  `(3) The Attorney General may by regulation waive the 15-day notification
  requirement for the importation of a listed chemical if the Attorney General
  determines that such notification is not necessary for effective chemical
  diversion control. If the notification requirement is waived, importers
  of the listed chemical shall be required to submit to the Attorney General
  reports of individual importations or periodic reports of the importation of
  the listed chemical, at such time or times and containing such information
  as the Attorney General shall establish by regulation.'.
  (b) PROHIBITED ACTS A- Section 1010(d) of the Controlled Substances Import
  and Export Act (21 U.S.C. 960(d)), as amended by section 5(b),. is amended--
  (1) by striking `or' at the end of paragraph (3);
  (2) by striking the comma at the end of paragraph (4) and inserting a
  semicolon; and
  (3) by adding at the end the following new paragraphs:
  `(5) imports or exports a listed chemical, with the intent to evade the
  reporting or recordkeeping requirements of section 1018 applicable to such
  importation or exportation by falsely representing to the Attorney General
  that the importation or exportation qualifies for a waiver of the 15-day
  notification requirement granted pursuant to section 1018(e) (2) or (3)
  by misrepresenting the actual country of final destination of the listed
  chemical or the actual listed chemical being imported or exported; or
  `(6) imports or exports a listed chemical in violation of section 1007
  or 1018,'.
SEC. 1107. AMENDMENTS TO LIST I.
  Section 102(34) of the Controlled Substances Act (21 U.S.C. 802(34))
  is amended--
  (1) by striking subparagraphs (O), (U), and (W);
  (2) by redesignating subparagraphs (P) through (T) as (O) through (S),
  subparagraph (V) as (T), and subparagraphs (X) and (Y) as (U) and (X),
  respectively;
  (3) in subparagraph (X), as redesignated by paragraph (2), by striking
  `(X)' and inserting `(U)'; and
  (4) by inserting after subparagraph (U), as redesignated by paragraph (2),
  the following new subparagraphs:
  `(V) benzaldehyde.
  `(W) nitroethane.'.
SEC. 1108. ELIMINATION OF REGULAR SUPPLIER STATUS AND CREATION OF REGULAR
IMPORTER STATUS.
  (a) DEFINITION- Section 102(37) of the Controlled Substances Act (21
  U.S.C. 802(37)) is amended to read as follows:
  `(37) The term `regular importer' means, with respect to a listed chemical,
  a person that has an established record as an importer of that listed
  chemical that is reported to the Attorney General.'.
  (b) NOTIFICATION- Section 1018 of the Controlled Substances Act (21
  U.S.C. 971) is amended--
  (1) in subsection (b)--
  (A) in paragraph (1) by striking `regular supplier of the regulated person'
  and inserting `to an importation by a regular importer'; and
  (B) in paragraph (2)--
  (i) by striking `a customer or supplier of a regulated person' and inserting
  `a customer of a regulated person or to an importer'; and
  (ii) by striking `regular supplier' and inserting `the importer as a
  regular importer'; and
  (2) in subsection (c)(1) by striking `regular supplier' and inserting
  `regular importer'.
SEC. 1109. ADMINISTRATIVE INSPECTIONS AND AUTHORITY.
  Section 510 of the Controlled Substances Act (21 U.S.C. 880) is amended--
  (1) by amending subsection (a)(2) to read as follows:
  `(2) places, including factories, warehouses, and other establishments,
  and conveyances, where persons registered under section 303 (or exempt
  from registration under section 302(d) or by regulation of the Attorney
  General) or regulated persons may lawfully hold, manufacture, distribute,
  dispense, administer, or otherwise dispose of controlled substances or listed
  chemicals or where records relating to those activities are maintained.'; and
  (2) in subsection (b)(3)--
  (A) in subparagraph (B) by inserting `, listed chemicals,' after `unfinished
  drugs'; and
  (B) in subparagraph (C) by inserting `or listed chemical' after `controlled
  substance' and inserting `or chemical' after `such substance'.
SEC. 1110. THRESHOLD AMOUNTS.
  Section 102(39)(A) of the Controlled Substances Act (21 U.S.C. 802(39)(A)),
  as amended by section 2, is amended by inserting `of a listed chemical,
  or if the Attorney General establishes a threshold amount for a specific
  listed chemical,' before `a threshold amount, including a cumulative
  threshold amount for multiple transactions'.
SEC. 1111. MANAGEMENT OF LISTED CHEMICALS.
  (a) IN GENERAL- Part C of the Controlled Substances Act (21 U.S.C. 821 et
  seq.) is amended by adding at the end the following new section:
`MANAGEMENT OF LISTED CHEMICALS
  `SEC. 311. (a) OFFENSE- It is unlawful for a person who possesses a listed
  chemical with the intent that it be used in the illegal manufacture
  of a controlled substance to manage the listed chemical or waste from
  the manufacture of a controlled substance otherwise than as required by
  regulations issued under sections 3001, 3002, 3003, 3004, and 3005 of the
  Solid Waste Disposal Act (42 U.S.C. 6921, 6922, 6923, 6924, and 6925).
  `(b) ENHANCED PENALTY- (1) In addition to a penalty that may be imposed for
  the illegal manufacture, possession, or distribution of a listed chemical or
  toxic residue of a clandestine laboratory, a person who violates subsection
  (a) shall be assessed the costs described in paragraph (2) and shall be
  imprisoned as described in paragraph (3).
  `(2) Pursuant to paragraph (1) a defendant shall be assessed the following
  costs to the United States, a State, or another authority or person that
  undertakes to correct the results of the improper management of a listed
  chemical:
  `(A) The cost of initial cleanup and disposal of the listed chemical and
  contaminated property.
  `(B) The cost of restoring property that is damaged by exposure to a listed
  chemical for rehabilitation under Federal, State, and local standards.
  `(3)(A) A violation of subsection (a) shall be punished as a class D felony,
  or in the case of a willful violation, as a class C felony.
  `(B) It is the sense of the Congress that guidelines issued by the Sentencing
  Commission regarding sentencing under this paragraph should recommend that
  the term of imprisonment for a violation of subsection (a) should not be
  less than 5 years, nor less than 10 years in the case of a willful violation.
  `(4) A court may order that all or a portion of the earnings from work
  performed by a defendant in prison be withheld for payment of costs assessed
  under paragraph (2).
  `(c) USE OF FORFEITED ASSETS- The Attorney General may direct that assets
  forfeited under section 511 in connection with a prosecution under this
  section be shared with State agencies that participated in the seizure or
  cleaning up of a contaminated site.'.
  (b) EXCEPTION TO DISCHARGE IN BANKRUPTCY- Section 523(a) of title 11,
  United States Code, is amended--
  (1) by striking `or' at the end of paragraph (11);
  (2) by striking the period at the end of paragraph (12) and inserting `;
  or'; and
  (3) by adding at the end the following new paragraph:
  `(13) for costs assessed under section 311(b) of the Controlled Substances
  Act.'.
SEC. 1112. FORFEITURE EXPANSION.
  Section 511(a) of the Controlled Substances Act (21 U.S.C. 881(a))
  is amended--
  (1) in paragraph (6) by inserting `or listed chemical' after `controlled
  substance'; and
  (2) in paragraph (9) by striking `a felony provision of'.
SEC. 1113. REGULATIONS AND EFFECTIVE DATE.
  (a) REGULATIONS- The Attorney General shall, not later than 90 days after
  the date of enactment of this Act, issue regulations necessary to carry
  out this title.
  (b) EFFECTIVE DATE- This title and the amendments made by this title shall
  become effective on the date that is 120 days after the date of enactment
  of this Act.
TITLE XII--RESTITUTION IMPROVEMENTS ACT
SEC. 1201. RESITUTION AMENDMENTS.
  Section 3663(b) of title 18, United States Code, is amended--
  (1) by striking `and' at the end of paragraph (3);
  (2) by redesignating paragraph (4) as paragraph (5); and
  (3) by inserting after paragraph (4) the following new paragraph:
  `(4) in any case, reimburse the victim for necessary child care,
  transportation, and other expenses related to participation in the
  investigation or prosecution of the offense or attendance at proceedings
  related to the offense; and'.
TITLE XIII--PARENTAL KIDNAPPING
SEC. 1301. SHORT TITLE.
  This title may be cited as the `International Parental Kidnapping Crime
  Act of 1992'.
SEC. 1302. TITLE 18 AMENDMENT.
  (a) IN GENERAL- Chapter 55 (relating to kidnapping) of title 18, United
  States Code, is amended by adding at the end the following:
`Sec. 1204. International parental kidnapping
  `(a) Whoever removes a child from the United States or retains a child
  (who has been in the United States) outside the United States with intent
  to obstruct the lawful exercise of parental rights shall be fined under
  this title or imprisoned not more than 3 years, or both.
  `(b) As used in this section--
  `(1) the term `child' means a person who has not attained the age of 16
  years; and
  `(2) the term `parental rights', with respect to a child, means the right
  to physical custody of the child--
  `(A) whether joint or sole (and includes visiting rights); and
  `(B) whether arising by operation of law, court order, or legally binding
  agreement of the parties.
  `(c) It shall be an affirmative defense under this section that--
  `(1) the defendant acted within the provisions of a valid court order
  granting the defendant legal custody or visitation rights and that order
  was obtained pursuant to the Uniform Child Custody Jurisdiction Act and
  was in effect at the time of the offense;
  `(2) the defendant was fleeing an incidence or pattern of domestic violence;
  `(3) the defendant had physical custody of the child pursuant to a court
  order granting legal custody or visitation rights and failed to return the
  child as a result of circumstances beyond the defendant's control, and the
  defendant notified or made reasonable attempts to notify the other parent
  or lawful custodian of the child of such circumstances within 24 hours after
  the visitation period had expired and returned the child as soon as possible.
  `(d) This section does not detract from The Hague Convention on the Civil
  Aspects of International Parental Child Abduction, done at The Hague on
  October 25, 1980.'.
  (b) SENSE OF THE CONGRESS- It is the sense of the Congress that, inasmuch
  as use of the procedures under the Hague Convention on the Civil Aspects of
  International Parental Child Abduction has resulted in the return of many
  children, those procedures, in circumstances in which they are applicable,
  should be the option of first choice for a parent who seeks the return of
  a child who has been removed from the parent.
  (c) CLERICAL AMENDMENT- The table of sections at the beginning of chapter
  55 of title 18, United States Code, is amended by adding at the end the
  following:
`1204. International parental kidnapping.'.
SEC. 1303. STATE COURT PROGRAMS REGARDING INTERSTATE AND INTERNATIONAL
PARENTAL CHILD ABDUCTION.
  There is authorized to be appropriated $250,000 to carry out under the State
  Justice Institute Act of 1984 (42 U.S.C. 10701-10713) national, regional,
  and in-State training and educational programs dealing with criminal and
  civil aspects of interstate and international parental child abduction.
TITLE XIV--MAIL FRAUD EXTENSION
SEC. 1401. MAIL FRAUD.
  Section 1341 of title 18, United States Code, is amended--
  (1) by inserting `or deposits or causes to be deposited any matter or thing
  whatever to be sent or delivered by any private or commercial interstate
  carrier,' after `Postal Service,'; and
  (2) by inserting `or such carrier' after `causes to be delivered by mail'.
TITLE XV--FORFEITURE AUDIT REQUIREMENT
SEC. 1501. AUDIT REQUIREMENT FOR STATE AND LOCAL LAW ENFORCEMENT AGENCIES
RECEIVING FEDERAL ASSET FORFEITURE FUNDS.
  (a) STATE REQUIREMENT- Section 524(c)(7) of title 28, United States Code,
  is amended to read as follows:
  `(7)(A) The Fund shall be subject to annual audit by the Comptroller General.
  `(B) The Attorney General shall require that any State or local law
  enforcement agency receiving funds conduct an annual audit detailing the uses
  and expenses to which the funds were dedicated and the amount used for each
  use or expense and report the results of the audit to the Attorney General.'.
  (b) INCLUSION IN ATTORNEY GENERAL'S REPORT- Section 524(c)(6)(C) of title
  28, United States Code, is amended by adding at the end the following
  flush sentence: `The report should also contain all annual audit reports
  from State and local law enforcement agencies required to be reported to
  the Attorney General under subparagraph (B) of paragraph (7).'.
SEC. 1502. REPORT TO CONGRESS ON ADMINISTRATIVE AND CONTRACTING EXPENSES.
  Section 524(c)(6) of title 28, United States Code, is amended--
  (1) by striking `and' at the end of subparagraph (B);
  (2) by striking the period at the end of subparagraph (C) and inserting
  `; and'; and
  (3) by adding at the end the following new subparagraph:
  `(D) a report for such fiscal year containing a description of the
  administrative and contracting expenses paid from the Fund under paragraph
  (1)(A).'.
TITLE XVI--RECEIPT OF STOLEN PROPERTY AMENDMENTS
SEC. 1601. UNDERCOVER OPERATIONS.
  (a) IN GENERAL- Chapter 1 of title 18, United States Code, is amended by
  adding at the end the following new section:
`Sec. 21. Stolen or counterfeit nature of property for certain crimes defined
  `(a) Wherever in this title it is an element of an offense that--
  `(1) any property was embezzled, robbed, stolen, converted, taken, altered,
  counterfeited, falsely made, forged, or obliterated; and
  `(2) the defendant knew that the property was of such character;
such element may be established by proof that the defendant, after or as
a result of an official representation as to the nature of the property,
believed the property to be embezzled, robbed, stolen, converted, taken,
altered, counterfeited, falsely made, forged, or obliterated.
  `(b) For purposes of this section, the term `official representation'
  means any representation made by a Federal law enforcement officer (as
  defined in section 115) or by another person at the direction or with the
  approval of such an officer.'.
  (b) TECHNICAL AMENDMENT- The table of sections of chapter 1 of title 18,
  United States Code, is amended by adding at the end the following new item:
`21. Stolen or counterfeit nature of property for certain crimes defined.'.
TITLE XVII--TELEMARKETING FRAUD
SEC. 1701. CONSUMER PROTECTION AGAINST CREDIT CARD FRAUD ACT OF 1992.
  (a) SHORT TITLE- This section may be cited as the `Consumer Protection
  Against Credit Card Fraud Act of 1992'.
  (b) FRAUD AND RELATED ACTIVITY IN CONNECTION WITH ACCESS DEVICES- Section
  1029 of title 18, United States Code, is amended--
  (1) in subsection (a) by inserting after paragraph (4) the following
  new paragraphs:
  `(5) knowingly and with intent to defraud effects transactions, with one or
  more access devices issued to another person or persons, to receive payment
  or any other thing of value during any one-year period the aggregate value
  of which is equal to or greater than $1,000;
  `(6) without the authorization of the issuer of the access device, knowingly
  and with intent to defraud solicits a person for the purpose of--
  `(A) offering an access device; or
  `(B) selling information regarding or an application to obtain an access
  device; or
  `(7) without the authorization of the credit card system member or its agent,
  knowingly and with intent to defraud causes or arranges for another person
  to present to the member or its agent, for payment, one or more evidences
  or records of transactions made by an access device;'.
  (c) TECHNICAL AMENDMENTS- Section 1029 of title 18, United States Code,
  as amended by subsection (b), is amended--
  (1) in subsection (a) by striking `or' at the end of paragraph (3);
  (2) in subsection (c)(1) by striking `(a)(2) or (a)(3)' and inserting `(a)
  (2), (3), (5), (6), or (7)'; and
  (3) in subsection (e) by--
  (A) striking `and' at the end of paragraph (5);
  (B) adding `and' at the end of paragraph (6); and
  (C) adding at the end thereof the following new paragraph:
  `(7) the term `credit card system member' means a financial institution or
  other entity that is a member of a credit card system, including an entity,
  whether it is affiliated with or identical to the credit card issuer,
  that is the sole member of a credit card system.'.
TITLE XVIII--DNA TESTING
SEC. 1801. SHORT TITLE.
  This title may be cited as the `DNA Identification Act of 1992'.
SEC. 1802. FUNDING TO IMPROVE THE QUALITY AND AVAILABILITY OF DNA ANALYSES
FOR LAW ENFORCEMENT IDENTIFICATION PURPOSES.
  (a) DRUG CONTROL AND SYSTEM IMPROVEMENT GRANT PROGRAM- Section 501(b)
  of title I of the Omnibus Crime Control and Safe Streets Act of 1968
  (42 U.S.C. 3751(b)) is amended--
  (1) in paragraph (20) by striking `and' at the end,
  (2) in paragraph (21) by striking the period at the end and inserting `;
  and', and
  (3) by adding at the end the following:
  `(22) developing or improving in a forensic laboratory a capability to
  analyze deoxyribonucleic acid (hereinafter in this title referred to as
  `DNA') for identification purposes.'.
  (b) STATE APPLICATIONS- Section 503(a) of title I of the Omnibus Crime
  Control and Safe Streets Act of 1968 (42 U.S.C. 3753(a)) is amended by
  adding at the end thereof the following new paragraph:
  `(12) If any part of a grant made under this part is to be used to
  develop or improve a DNA analysis capability in a forensic laboratory,
  a certification that--
  `(A) DNA analyses performed at such laboratory will satisfy or exceed then
  current standards for a quality assurance program for DNA analysis, issued
  by the Director of the Federal Bureau of Investigation under section 3 of
  the DNA Identification Act of 1992;
  `(B) DNA samples obtained by, and DNA analyses performed at, such laboratory
  will be accessible only--
  `(i) to criminal justice agencies for law enforcement identification
  purposes;
  `(ii) for criminal defense purposes, to a defendant, who shall have access
  to samples and analyses performed in connection with the case in which
  such defendant is charged; or
  `(iii) if personally identifiable information is removed, for a population
  statistics database, for identification research and protocol development
  purposes, or for quality control purposes; and
  `(C) such laboratory, and each analyst performing DNA analyses at such
  laboratory, will undergo, at regular intervals of not to exceed 180 days,
  external proficiency testing by a DNA proficiency testing program meeting
  the standards issued under section 3 of the DNA Identification Act of 1992.'.
  (c) AUTHORIZATION OF APPROPRIATIONS- Section 1001(a) of the Omnibus Crime
  Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended--
  (1) by redesignating the last 3 paragraphs sequentially as paragraphs (7),
  (8), and (9); and
  (2) by adding at the end the following:
  `(10) There are authorized to be appropriated for each of the fiscal years
  1993 through 1997 $10,000,000 for grants to the States for DNA analysis.'.
SEC. 1803. QUALITY ASSURANCE AND PROFICIENCY TESTING STANDARDS.
  (a) PUBLICATION OF QUALITY ASSURANCE AND PROFICIENCY TESTING STANDARDS- (1)
  Not later than 180 days after the date of the enactment of this Act, the
  Director of the Federal Bureau of Investigation shall appoint an advisory
  board on DNA quality assurance methods. The Director shall appoint members
  of the board from among nominations proposed by the head of the National
  Academy of Sciences and professional societies of crime laboratory officials.
  The advisory board shall include as members scientists from state and local
  forensic laboratories, molecular geneticists and population geneticists
  not affiliated with a forensic laboratory, and a representative from the
  National Institute of Standards and Technology. The advisory board shall
  develop, and if appropriate, periodically revise, recommended standards
  for quality assurance, including standards for testing the proficiency of
  forensic laboratories, and forensic analysts, in conducting analyses of DNA.
  (2) The Director of the Federal Bureau of Investigation, after taking into
  consideration such recommended standards, shall issue (and revise from
  time to time) standards for quality assurance, including standards for
  testing the proficiency of forensic laboratories, and forensic analysts,
  in conducting analyses of DNA.
  (3) The standards described in paragraphs (1) and (2) shall specify criteria
  for quality assurance and proficiency tests to be applied to the various
  types of DNA analyses used by forensic laboratories. The standards shall
  also include a system for grading proficiency testing performance to
  determine whether a laboratory is performing acceptably.
  (4) Until such time as the advisory board has made recommendations to the
  Director of the Federal Bureau of Investigation and the Director has acted
  upon those recommendations, the quality assurance guidelines adopted by
  the technical working group  on DNA analysis methods shall be deemed the
  Director's standards for purposes of this section.
  (b) ADMINISTRATION OF THE ADVISORY BOARD- For administrative purposes, the
  advisory board appointed under subsection (a) shall be considered an advisory
  board to the Director of the Federal Bureau of Investigation. Section 14 of
  the Federal Advisory Committee Act (5. U.S.C. App.) shall not apply with
  respect to the advisory  board appointed under subsection (a). The board
  shall cease to exist on the date 5 years after the initial appointments
  are made to the board, unless the existence of the board is extended by
  the Director of the Federal Bureau of Investigation.
SEC. 1804. INDEX TO FACILITATE LAW ENFORCEMENT EXCHANGE OF DNA IDENTIFICATION
INFORMATION
  (a) IN GENERAL- The Director of the Federal Bureau of Investigation may
  establish an index of--
  (1)  DNA identification records of persons convicted of crimes;
  (2) analyses of DNA samples recovered from crime scenes; and
  (3) analyses of DNA samples recovered from unidentified human remains.
  (b) CONTENT OF INDEX- Such index may include only information on DNA
  identification records and DNA analyses that are--
  (1) based on analyses performed in accordance with publicly available
  standards that satisfy or exceed the guidelines for a quality assurance
  program for DNA analysis, issued by the Director of the Federal Bureau of
  Investigation under section 3 of the DNA Identification Act of 1992;
  (2) prepared by laboratories, and DNA analysts, that undergo, at regular
  intervals of not to exceed 180 days, external proficiency testing by a DNA
  proficiency testing program meeting the standards issued under section 3
  of the DNA Identification Act of 1992; and
  (3) maintained by Federal, State, and local criminal justice  agencies
  pursuant to rules that allow  disclosure of stored DNA samples and DNA
  analyses only--
  (A) to criminal justice agencies for law enforcement identification purposes;
  (B) for criminal defense purposes, to a defendant, who shall have access
  to samples and analyses performed in connection with the case in which
  such defendant is charged; or
  (C) if personally identifiable information is removed, for a population
  statistics database, for identification research and protocol development
  purposes, or for quality control purposes.
  (c) The exchange of records authorized by this section is subject to
  cancellation if the quality control and privacy requirements described in
  subsection (b) of this section are not met.
SEC. 1805. FEDERAL BUREAU OF INVESTIGATION
  (a) PROFICIENCY TESTING REQUIREMENTS-
  (1) GENERALLY- Personnel at the Federal Bureau of Investigation who perform
  DNA analyses shall undergo, at regular intervals of not to exceed 180
  days, external proficiency testing by a DNA proficiency testing program
  meeting the standards issued under section 3(b). Within one year of
  the date of enactment of this Act, the Director of the Federal Bureau
  of Investigation shall arrange for periodic blind external tests to
  determine the proficiency of DNA analysis performed at the Federal Bureau
  of Investigation laboratory. As used in this paragraph, the term `blind
  external test' means a test that is presented to the laboratory through
  a second agency and appears to the analysts to involve routine evidence.
  (2) REPORT- For five years after the date of enactment of this Act,
  the Director of the Federal Bureau of Investigation shall submit to the
  Committees on the Judiciary of the House and Senate an annual report on
  the results of each of the tests referred to in paragraph (1).
  (b) PRIVACY PROTECTION STANDARDS-
  (1) GENERALLY- Except as provided in paragraph (2), the results of DNA
  tests performed for a Federal law enforcement agency for law enforcement
  purposes may be disclosed only--
  (A) to criminal justice agencies for law enforcement identification
  purposes; or
  (B) for criminal defense purposes, to a defendant, who shall have access
  to samples and analyses performed in connection with the case in which
  such defendant is charged.
  (2) EXCEPTION- If personally identifiable information is removed,
  test results may be disclosed for a population statistics database, for
  identification research and protocol development purposes, or for quality
  control purposes.
  (c) CRIMINAL PENALTY- (1) Whoever--
  (A) by virtue of employment or official position, has possession of, or
  access to, individually identifiable DNA information indexed in a database
  created or maintained by any Federal law enforcement agency; and
  (B) willfully discloses such information in any manner to any person or
  agency not entitled to receive it;
shall be fined not more than $100,000.
  (2) Whoever, without authorization, willfully obtains DNA samples or
  individually identifiable DNA information indexed in a database created
  or maintained by any Federal law enforcement agency shall be fined not
  more than $100,000.
SEC.  1806. AUTHORIZATION OF APPROPRIATIONS.
  There are authorized to be appropriated to the Federal Bureau of
  Investigation $2,000,000 for each of fiscal years 1993 through 1997 to
  carry out sections 1803, 1804, and 1805 of this Act.
TITLE XIX--TORTURE CONVENTION
SEC. 1901. TORTURE.
  (a) IN GENERAL- Part I of title 18, United States Code, is amended by
  inserting after chapter 113A the following new chapter:
`CHAPTER 113B--TORTURE
`Sec.
2340. Definitions.
2340A. Torture.
2340B. Exclusive remedies.
`Sec. 2340. Definitions
  `As used in this chapter--
  `(1) `torture' means an act committed by a person acting under the color
  of law specifically intended to inflict severe physical or mental pain or
  suffering (other than pain or suffering incidental to lawful sanctions)
  upon another person within his custody or physical control.
  `(2) `severe mental pain or suffering' means the prolonged mental harm
  caused by or resulting from: (a) the intentional infliction or threatened
  infliction of severe physical pain or suffering; (b) the administration
  or application, or threatened administration or application, of mind
  altering substances or other procedures calculated to disrupt profoundly
  the senses or the personality; (c) the threat of imminent death; or (d)
  the threat that another person will imminently be subjected to death,
  severe physical pain or suffering, or the administration or application
  of mind altering substances or other procedures calculated to disrupt
  profoundly the senses or personality.
  `(3) `United States' includes all areas under the jurisdiction of the United
  States including any of the places within the provisions of sections 5 and
  7 of this title and section 101(38) of the Federal Aviation Act of 1958,
  as amended (49 U.S.C. App. 1301(38)).
`Sec. 2340A. Torture
  `(a) Whoever outside the United States commits or attempts to commit torture
  shall be fined under this title or imprisoned not more than twenty years,
  or both; and if death results to any person from conduct prohibited by
  this subsection, shall be imprisoned for any term of years or for life.
  `(b) There is jurisdiction over the prohibited activity in subsection (a)
  if: (1) the alleged offender is a national of the United States; or (2)
  the alleged offender is present in the United States, irrespective of the
  nationality of the victim or the alleged offender.
`Sec. 2340B. Exclusive remedies
  `Nothing in this chapter shall be construed as precluding the application
  of State or local laws on the same subject, nor shall anything in this
  chapter be construed as creating any substantive or procedural right
  enforceable by law by any party in any civil proceeding.'.
  (b) CLERICAL AMENDMENT- The table of chapters for part I of title 18,
  United States Code, is amended by inserting after the item for chapter
  113A the following new item:
2340.'.
  (c) EFFECTIVE DATE- This section shall take effect on the later of--
  (1) the date of enactment of this section; or
  (2) the date the United States has become a party to the Convention Against
  Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
TITLE XX--TECHNICAL PROVISIONS
SEC. 2001. TERRITORIAL SEA EXTENDING TO TWELVE MILES INCLUDED IN SPECIAL
MARITIME AND TERRITORIAL JURISDICTION.
  The Congress hereby declares that all the territorial sea of the United
  States, as defined by Presidential Proclamation 5928 of December 27,
  1988, is part of the United States, subject to its sovereignty, and, for
  purposes of Federal criminal jurisdiction, is within the special maritime
  and territorial jurisdiction of the United States wherever that term is
  used in title 18, United States Code.
SEC. 2002. JURISDICTION OVER CRIMES AGAINST UNITED STATES NATIONALS ON
CERTAIN FOREIGN SHIPS.
  Section 7 of title 18, United States Code (relating to the special maritime
  and territorial jurisdiction of the United States), is amended by inserting
  at the end thereof the following new paragraph:
  `(8) To the extent permitted by international law, any foreign vessel
  during a voyage having a scheduled departure from or arrival in the United
  States with respect to an offense committed by or against a national of
  the United States.'.
SEC. 2003. RECEIVING THE PROCEEDS OF EXTORTION OR KIDNAPPING.
  (a) PROCEEDS OF EXTORTION- Chapter 41 of title 18, United States Code,
  is amended--
  (1) by adding at the end the following new section:
`Sec. 880. Receiving the proceeds of extortion
  `Whoever receives, possesses, conceals, or disposes of any money or other
  property which was obtained from the commission of any offense under
  this chapter that is punishable by imprisonment for more than one year,
  knowing the same to have been unlawfully obtained, shall be imprisoned
  not more than three years, fined under this title, or both.'; and
  (2) in the table of sections, by adding at the end the following new item:
`880. Receiving the proceeds of extortion.'.
  (b) RANSOM MONEY- Section 1202 of title 18, United States Code, is amended--
  (1) by designating the existing matter as subsection `(a)'; and
  (2) by adding the following new subsections:
  `(b) Whoever transports, transmits, or transfers in interstate or foreign
  commerce any proceeds of a kidnapping punishable under State law by
  imprisonment for more than one year, or receives, possesses, conceals, or
  disposes of any such proceeds after they have crossed a State or United
  States boundary, knowing the proceeds to have been unlawfully obtained,
  shall be imprisoned not more than ten years, fined under this title, or both.
  `(c) For purposes of this section, the term `State' has the meaning set
  forth in section 245(d) of this title.'.
SEC. 2004. RECEIVING THE PROCEEDS OF A POSTAL ROBBERY.
  Section 2114 of title 18, United States Code, is amended--
  (1) by designating the existing matter as subsection (a); and
  (2) by adding at the end the following new subsection:
  `(b) Whoever receives, possesses, conceals, or disposes of any money
  or other property which has been obtained in violation of this section,
  knowing the same to have been unlawfully obtained, shall be imprisoned
  not more than ten years, fined under this title, or both.'.
SEC. 2005. 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.
TITLE XXI--COMPUTER ABUSE
SEC. 2101. COMPUTER ABUSE AMENDMENTS ACT OF 1992.
  (a) SHORT TITLE- This title may be cited as the `Computer Abuse Amendments
  Act of 1992'.
  (b) PROHIBITION- Section 1030(a)(5) of title 18, United States Code,
  is amended to read as follows:
  `(5)(A) through means of a computer used in interstate commerce or
  communications, knowingly causes the transmission of a program, information,
  code, or command to a computer or computer system if--
  `(i) the person causing the transmission intends that such transmission
  will--
  `(I) damage, or cause damage to, a computer, computer system, network,
  information, data, or program; or
  `(II) withhold or deny, or cause the withholding or denial, of the use
  of a computer, computer services, system or network, information, data or
  program; and
  `(ii) the transmission of the harmful component of the program, information,
  code, or command--
  `(I) occurred without the knowledge and authorization of the persons or
  entities who own or are responsible for the computer system receiving the
  program, information, code, or command; and
  `(II)(aa) causes loss or damage to one or more other persons of value
  aggregating $1,000 or more during any 1-year period; or
  `(bb) modifies or impairs, or potentially modifies or impairs, the medical
  examination, medical diagnosis, medical treatment, or medical care of one
  or more individuals; or
  `(B) through means of a computer used in interstate commerce or
  communication, knowingly causes the transmission of a program, information,
  code, or command to a computer or computer system--
  `(i) with reckless disregard of a substantial and unjustifiable risk that
  the transmission will--
  `(I) damage, or cause damage to, a computer, computer system, network,
  information, data or program; or
  `(II) withhold or deny or cause the withholding or denial of the use
  of a computer, computer services, system, network, information, data or
  program; and
  `(ii) if the transmission of the harmful component of the program,
  information, code, or command--
  `(I) occurred without the knowledge and authorization of the persons or
  entities who own or are responsible for the computer system receiving the
  program, information, code, or command; and
  `(II)(aa) causes loss or damage to one or more other persons of a value
  aggregating $1,000 or more during any 1-year period; or
  `(bb) modifies or impairs, or potentially modifies or impairs, the medical
  examination, medical diagnosis, medical treatment, or medical care of one
  or more individuals;'.
  (c) PENALTY- Section 1030(c) of title 18, United States Code is amended--
  (1) in paragraph (2)(B) by striking `and' after the semicolon;
  (2) in paragraph (3)(A) by inserting `(A)' after `(a)(5)'; and
  (3) in paragraph (3)(B) by striking the period at the end thereof and
  inserting `; and'; and
  (4) by adding at the end thereof the following:
  `(4) a fine under this title or imprisonment for not more than 1 year,
  or both, in the case of an offense under subsection (a)(5)(B).'.
  (d) CIVIL ACTION- Section 1030 of title 18, United States Code, is amended
  by adding at the end thereof the following new subsection:
  `(g) Any person who suffers damage or loss by reason of a violation of the
  section, other than a violation of subsection (a)(5)(B), may maintain a civil
  action against the violator to obtain compensatory damages and injunctive
  relief or other equitable relief. Damages for violations of any subsection
  other than subsection (a)(5)(A)(ii)(II)(bb) or (a)(5)(B)(ii)(II)(bb)
  are limited to economic damages. No action may be brought under this
  subsection unless such action is begun within 2 years of the date of the
  act complained of or the date of the discovery of the damage.'.
  (e) REPORTING REQUIREMENTS- Section 1030 of title 18 United States Code,
  is amended by adding at the end thereof the following new subsection:
  `(h) The Attorney General and the Secretary of the Treasury shall report to
  the Congress annually, during the first 3 years following the date of the
  enactment of this subsection, concerning investigations and prosecutions
  under section 1030(a)(5) of title 18, United States Code.'.
  (f) PROHIBITION- Section 1030(a)(3) of title 18 United States Code, is
  amended by inserting `adversely' before `affects the use of the Government's
  operation of such computer'.
TITLE XXII--FBI SUBSCRIBER
SEC. 2201. F.B.I. ACCESS TO TELEPHONE SUBSCRIBER INFORMATION.
  (a) REQUIRED CERTIFICATION- Section 2709(b) of title 18, United States Code,
  is amended to read as follows:
  `(b) REQUIRED CERTIFICATION- The Director of the Federal Bureau of
  Investigation, or his designee in a position not lower than Deputy Assistant
  Director, may--
  `(1) request the name, address, length of service, and toll billing records
  of a person or entity if the Director (or his designee in a position not
  lower than Deputy Assistant Director) certifies in writing to the wire or
  electronic communication service provider to which the request is made that--
  `(A) the name, address, length of service, and toll billing records sought
  are relevant to an authorized foreign counterintelligence investigation; and
  `(B) there are specific and articulable facts giving reason to believe
  that the person or entity to whom the information sought pertains is a
  foreign power or an agent of a foreign power as defined in section 101 of
  the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801); and
  `(2) request the name, address, and length of service of a person or
  entity if the Director (or his designee in a position not lower than
  Deputy Assistant Director) certifies in writing to the wire or electronic
  communication service provider to which the request is made that--
  `(A) the information sought is relevant to an authorized foreign
  counterintelligence investigation; and
  `(B) there are specific and articulable facts giving reason to believe that
  communication facilities registered in the name of the person or entity have
  been used, through the services of such provider, in communication with--
  `(i) an individual who is engaging or has engaged in international terrorism
  as defined in section 101(c) of the Foreign Intelligence Surveillance
  Act or clandestine intelligence activities that involve or may involve a
  violation of the criminal statutes of the United States; or
  `(ii) a foreign power or an agent of a foreign power under circumstances
  giving reason to believe that the communication concerned international
  terrorism as defined in section 101(c) of the Foreign Intelligence
  Surveillance Act or clandestine intelligence activities that involve or
  may involve a violation of the criminal statutes of the United States.'.
  (b) REPORT TO JUDICIARY COMMITTEES- Section 2709(e) of title 18, United
  States Code, is amended by adding after `Senate' the following: `, and
  the Committee on the Judiciary of the House of Representatives and the
  Committee on the Judiciary of the Senate,'.