Text: S.3266 — 101st Congress (1989-1990)All Information (Except Text)

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--S.3266--
S.3266
One Hundred First Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the twenty-third day
of January,
one thousand nine hundred and ninety
An Act
To control crime.
 Be it enacted by the Senate and House of Representatives of the United
 States of America in Congress assembled,
SECTION 1. SHORT TITLE.
 This Act may be cited as the `Crime Control Act of 1990'.
TITLE I--INTERNATIONAL MONEY LAUNDERING
SEC. 101. REPORTS ON USES MADE OF CURRENCY TRANSACTION REPORTS.
 Not later than 180 days after the effective date of this section, and
 every 2 years for 4 years, the Secretary of the Treasury shall report to
 the Congress the following:
 (1) the number of each type of report filed pursuant to subchapter II of
 chapter 53 of title 31, United States Code (or regulations promulgated
 thereunder) in the previous fiscal year;
 (2) the number of reports filed pursuant to section 6050I of the Internal
 Revenue Code of 1986 (regarding transactions involving currency) in the
 previous fiscal year;
 (3) an estimate of the rate of compliance with the reporting requirements
 by persons required to file the reports referred to in paragraphs (1) and (2);
 (4) the manner in which the Department of the Treasury and other agencies of
 the United States collect, organize, analyze and use the reports referred
 to in paragraphs (1) and (2) to support investigations and prosecutions of
 (A) violations of the criminal laws of the United States, (B) violations
 of the laws of foreign countries, and (C) civil enforcement of the laws of
 the United States including the provisions regarding asset forfeiture;
 (5) a summary of sanctions imposed in the previous fiscal year against
 persons who failed to comply with the reporting requirements referred to
 in paragraphs (1) and (2), and other steps taken to ensure maximum compliance;
 (6) a summary of criminal indictments filed in the previous fiscal year
 which resulted, in large part, from investigations initiated by analysis
 of the reports referred to in paragraphs (1) and (2); and
 (7) a summary of criminal indictments filed in the previous fiscal year
 which resulted, in large part, from investigations initiated by information
 regarding suspicious financial transactions provided voluntarily by financial
 institutions.
SEC. 102. ELECTRONIC SCANNING OF CERTAIN UNITED STATES CURRENCY NOTES.
 (a) ELECTRONIC SCANNING TASK FORCE- (1) Not more than thirty days after the
 date of enactment of this section, the Secretary of the Treasury (hereafter
 in this section referred to as the `Secretary') shall appoint an Electronic
 Scanning Task Force (hereafter in this section referred to as the `Task
 Force') to--
 (A) study methods of printing on United States currency notes issued under
 section 51115 of title 31, United States Code, in denominations of $10 or
 more a serial number on each such United States currency note that may be
 read by electronic scanning;
 (B) make an assessment of the cost of implementing such electronic scanning
 of such United States currency notes; and
 (C) make recommendations about the amount of time needed to implement such
 electronic scanning.
 (2) In appointing members to the Task Force described in subsection (a), the
 Secretary shall appoint such number of members as the Secretary determines to
 be appropriate. The Secretary, shall, at a minimum appoint to the Task Force--
 (A) the Assistant Secretary for Enforcement in the Department of the Treasury
 (who shall serve as a nonvoting, ex officio member);
 (B) at least one recognized expert from each of the following fields relating
 to electronic scanning technology:
 (i) coding,
 (ii) symbology,
 (iii) scanning systems,
 (iv) computer data compilation, and
 (v) printing technology, and
 (C) Representatives from each of the following:
 (i) the Bureau of Engraving and Printing,
 (ii) the Federal Reserve Board, and
 (iii) the United States Secret Service.
 (3) Except as provided in paragraph (2)(A), no individual who is a full-time
 employee of the Federal Government may serve as a member of the Task Force.
 (4) The provisions of the Federal Advisory Committee Act shall not apply
 with respect to the Task Force.
 (5) Members of the Task Force shall, while attending meetings and conferences
 of the Task Force or otherwise engaging in the business of the Task Force
 (including travel time), be entitled to receive compensation at a rate fixed
 by the Secretary, but not exceeding the rate specified at the time of such
 service under GS-18 of  the General Schedule established under section 5332
 of title 5, United States Code.
 (6) While away from their homes or regular places of business on the business
 of the Task Force, such members may be allowed travel expenses, including per
 diem in lieu of subsistence, as authorized by section 5703 of title 5, United
 States Code, for persons employed intermittently in the Government service.
 (7) Upon the issuance of the report by the Secretary under subsection (b),
 the Task Force shall cease to exist.
 (b) REPORT TO THE CONGRESS- Not later than one hundred and eighty days
 after the date of enactment of this section, the Secretary shall issue a
 report to the appropriate committees of the Congress that summarizes the
 findings and recommendations of the Task Force under subsection (a)(1),
 and includes any additional recommendations by the Secretary.
 (c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
 such sums as may be necessary to carry out the purposes of this section.
SEC. 103. CONFORMING AMENDMENT RELATING TO THE EQUITABLE TRANSFER OF FORFEITED
PROPERTY TO A PARTICIPATING FOREIGN NATION.
 Section 981(i) of title 18, United States Code, is amended--
 (1) by striking out the matter before paragraph (1);
 (2) by realigning paragraphs (1) through (5) 2 ems to the left, so that
 the left margins of such paragraphs are flush;
 (3) by striking out `(1) Notwithstanding' in paragraph (1) and all that
 follows through the end of the second sentence of that paragraph and
 inserting in lieu thereof the following:
 `(i)(1) Whenever property is civilly or criminally forfeited under this
 chapter, the Attorney General or the Secretary of the Treasury, as the case
 may be, may transfer the forfeited personal property or the proceeds of
 the sale of any forfeited personal or real property to any foreign country
 which participated directly or indirectly in the seizure or forfeiture of
 the property, if such a transfer--
 `(A) has been agreed to by the Secretary of State;
 `(B) is authorized in an international agreement between the United States
 and the foreign country; and
 `(C) is made to a country which, if applicable, has been certified under
 section 481(h) of the Foreign Assistance Act of 1961.';
 (4) by inserting after `Attorney General' in the third and fifth sentences
 of paragraph (1) the following: `or the Secretary of the Treasury'; and
 (5) by striking out the last sentence of paragraph (1).
SEC. 104. ADDITION OF CONFORMING PREDICATE MONEY LAUNDERING REFERENCES TO
`INSIDER' EXEMPTION FROM THE RIGHT TO FINANCIAL PRIVACY ACT.
 Section 1113(l)(2) of the Right to  Financial Privacy Act of 1978 (12
 U.S.C. 3413(l)(2)) is amended by inserting `or of section 1956 or 1957
 of title 18, United States Code' after `any provision of subchapter II of
 chapter 53 of title 31, United States Code'.
SEC. 105. CLARIFICATION OF DEFINITION OF `MONETARY INSTRUMENTS'.
 Section 1956(c)(5) of title 18, United States Code, is amended to read
 as follows:
 `(5) the term `monetary instruments' means (i) coin or currency of the
 United States or of any other country, travelers' checks, personal checks,
 bank checks, and money orders, or (ii) investment securities or negotiable
 instruments, in bearer form or otherwise in such form that title thereto
 passes upon delivery;'.
SEC. 106. MONEY LAUNDERING AMENDMENTS.
 Section 1956(c)(1) of title 18, United States Code, is amended by striking
 `State or Federal' and inserting `State, Federal, or foreign'.
SEC. 107. CORRECTION OF ERRONEOUS PREDICATE OFFENSE REFERENCE UNDER 18
U.S.C. 1956.
 Section 1956(c)(7)(D) of title 18, United States Code, is amended by
 striking out `section 310 of the Controlled Substances Act (21 U.S.C. 830)
 (relating to precursor and essential chemicals)' and inserting in lieu thereof
 `a felony violation of the Chemical Diversion and Trafficking Act of 1988
 (relating to precursor and essential chemicals)'.
SEC. 108. KNOWLEDGE REQUIREMENT FOR INTERNATIONAL MONEY LAUNDERING.
 Section 1956(a) of title 18, United States Code, is amended--
 (1) in paragraph (2) by inserting at the end the following: `For the purpose
 of the offense described in subparagraph (B), the defendant's knowledge
 may be established by proof that a law enforcement officer represented
 the matter specified in subparagraph (B) as true, and the defendant's
 subsequent statements or actions indicate that the defendant believed such
 representations to be true.'; and
 (2) in paragraph (3) by striking `For purposes of this paragraph' and
 inserting `For purposes of this paragraph and paragraph (2)'.
TITLE II--VICTIMS OF CHILD ABUSE ACT OF 1990
SEC. 201. SHORT TITLE.
 This title may be cited as the `Victims of Child Abuse Act of 1990'.
Subtitle A--Improving Investigation and Prosecution of Child Abuse Cases
SEC. 211. FINDINGS.
 The Congress finds that--
 (1) over 2,000,000 reports of suspected child abuse and neglect are made
 each year, and drug abuse is associated with a significant portion of these;
 (2) the investigation and prosecution of child abuse cases is extremely
 complex, involving numerous agencies and dozens of personnel;
 (3) in such cases, too often the system does not pay sufficient attention
 to the needs and welfare of the child victim, aggravating the trauma that
 the child victim has already experienced;
 (4) multidisciplinary child abuse investigation and prosecution programs
 have been developed that increase the reporting of child abuse cases, reduce
 the trauma to the child victim, and increase the successful prosecution of
 child abuse offenders; and
 (5) such programs have proven effective, and with targeted Federal assistance,
 could be duplicated in many jurisdictions throughout the country.
SEC. 212. AUTHORITY OF THE DIRECTOR TO MAKE GRANTS.
 (a) IN GENERAL- The Director of the Office of Victims of Crime (hereinafter
 in this subtitle referred to as the `Director'), in consultation with
 officials of the Department of Health and Human Services, shall make grants
 to develop and implement multidisciplinary child abuse investigation and
 prosecution programs.
 (b) GRANT CRITERIA- (1) The Director shall establish the criteria to be
 used in evaluating applications for grants under this section consistent
 with sections 262, 293, and 296 of subpart II of title II of the Juvenile
 Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5665 et seq.).
 (2) In general, the grant criteria established pursuant to paragraph (1)
 may require that a program include any of the following elements:
 (A) A written agreement between local law enforcement, social service,
 health, and other related agencies to coordinate child abuse investigation,
 prosecution, treatment, and counseling services.
 (B) An appropriate site for referring, interviewing, treating, and counseling
 child victims of sexual and serious physical abuse and neglect (referred
 to as the `counseling center').
 (C) Referral of all sexual and serious physical abuse and neglect cases
 to the counseling center not later than 24 hours after notification of an
 incident of abuse.
 (D) Joint initial investigative interviews of child victims by personnel
 from law enforcement, health, and social service agencies.
 (E) A requirement that, to the extent practicable, the same agency
 representative who conducts an initial interview conduct all subsequent
 interviews.
 (F) A requirement that, to the extent practicable, all interviews and
 meetings with a child victim occur at the counseling center.
 (G) Coordination of each step of the investigation process to minimize the
 number of interviews that a child victim must attend.
 (H) Designation of a director for the multidisciplinary program.
 (I) Assignment of a volunteer or staff advocate to each child in order to
 assist the child and, when appropriate, the child's family, throughout each
 step of judicial proceedings.
 (J) Such other criteria as the Director shall establish by regulation.
 (c) DISTRIBUTION OF GRANTS- In awarding grants under this section, the
 Director shall ensure that grants are distributed to both large and small
 States and to rural, suburban, and urban jurisdictions.
SEC. 213. GRANTS FOR SPECIALIZED TECHNICAL ASSISTANCE AND TRAINING PROGRAMS.
 (a) IN GENERAL- The Director shall make grants to national organizations
 to provide technical assistance and training to attorneys and others
 instrumental to the criminal prosecution of child abuse cases in State
 or Federal courts, for the purpose of improving the quality of criminal
 prosecution of such cases.
 (b) GRANTEE ORGANIZATIONS- An organization to which a grant is made pursuant
 to subsection (a) shall be one that has, or is affiliated with one that
 has, broad membership among attorneys who prosecute criminal cases in State
 courts and has demonstrated experience in providing training and technical
 assistance for prosecutors.
 (c) GRANT CRITERIA-
 (1) The Director shall establish the criteria to be used for evaluating
 applications for grants under this section, consistent with sections 262,
 293, and 296 of subpart II of title II of the Juvenile Justice and Delinquency
 Act of 1974 (42 U.S.C. 5665 et seq.).
 (2) The grant criteria established pursuant to paragraph (1) shall require
 that a program provide training and technical assistance that includes
 information regarding improved child interview techniques, thorough
 investigative methods, interagency coordination and effective presentation
 of evidence in court, including the use of alternative courtroom procedures
 described in this title.
SEC. 214. AUTHORIZATIONS OF APPROPRIATIONS.
 (a) IN GENERAL- There are authorized to be appropriated to carry out this
 chapter--
 (1) $20,000,000 in fiscal year 1991; and
 (2) such sums as may be necessary to carry out this chapter in each of
 fiscal years 1992 and 1993.
 (b) USE OF FUNDS- Of the amounts appropriated under subsection (a), not
 less than 90 percent shall be used for grants under section 212.
Subtitle B--Court-Appointed Special Advocate Program
SEC. 215. FINDINGS.
 The Congress finds that--
 (1) the National Court-Appointed Special Advocate provides training and
 technical assistance to a network of 13,000 volunteers in 377 programs
 operating in 47 States; and
 (2) in 1988, these volunteers represented 40,000 children, representing
 approximately 15 percent of the estimated 270,000 cases of child abuse and
 neglect in juvenile and family courts.
SEC. 216. PURPOSE.
 The purpose of this chapter is to ensure that by January 1, 1995, a
 court-appointed special advocate shall be available to every victim of
 child abuse or neglect in the United States that needs such an advocate.
SEC. 217. STRENGTHENING OF THE COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.
 (a) IN GENERAL- The Administrator of the Office of Juvenile Justice and
 Delinquency Prevention shall make grants to expand the court-appointed
 special advocate program.
 (b) GRANTEE ORGANIZATIONS-
 (1) An organization to which a grant is made pursuant to subsection (a) shall
 be a national organization that has broad membership among court-appointed
 special advocates and has demonstrated experience in grant administration
 of court-appointed special advocate programs and in providing training and
 technical assistance to court-appointed special advocate program; or (2)
 may be a local public or not-for-profit agency that has demonstrated the
 willingness to initiate or expand a court-appointed special advocate program.
 (2) An organization described in paragraph (1)(a) that receives a grant may
 be authorized to make subgrants and enter into contracts with public and
 not-for-profit agencies to initiate and to expand the court-appointed special
 advocate program. Should a grant be made to a national organization for this
 purpose, the Administrator shall specify an amount not exceeding 5 percent
 that can be used for administrative purposes by the national organization.
 (c) GRANT CRITERIA- (1) The Administrator shall establish criteria to be
 used in evaluating applications for grants under this section, consistent
 with sections 262, 293, and 296 of subpart II of title II of the Juvenile
 Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5665 et seq.).
 (2) In general, the grant criteria established pursuant to paragraph (1) shall
 require that a court-appointed special advocate program provide screening,
 training, and supervision of court-appointed special advocates in accordance
 with standards developed by the National Court-Appointed Special Advocate
 Association. Such criteria may include the requirements that--
 (A) a court-appointed special advocate association program have a mission
 and purpose in keeping with the mission and purpose of the National
 Court-Appointed Special Advocate Association and that it abide by the
 National Court-Appointed Special Advocate Association Code of Ethics;
 (B) a court-appointed special advocate association program operate with
 access to legal counsel;
 (C) the management and operation of a court-appointed special advocate program
 assure adequate supervision of court-appointed special advocate volunteers;
 (D) a court-appointed special advocate program keep written records on
 the operation of the program in general and on each applicant, volunteer,
 and case;
 (E) a court-appointed special advocate program have written management and
 personnel policies and procedures, screening requirements, and training
 curriculum;
 (F) a court-appointed special advocate program not accept volunteers who
 have been convicted of, have charges pending for, or have in the past been
 charged with, a felony or misdemeanor involving a sex offense, violent act,
 child abuse or neglect, or related acts that would pose risks to children
 or to the court-appointed special advocate program's credibility;
 (G) a court-appointed special advocate program have an established procedure
 to allow the immediate reporting to a court or appropriate agency of a
 situation in which a court-appointed special advocate volunteer has reason
 to believe that a child is in imminent danger;
 (H) a court-appointed special advocate volunteer be an individual who has
 been screened and trained by a recognized court-appointed special advocate
 program and appointed by the court to advocate for children who come into
 the court system primarily as a result of abuse or neglect; and
 (I) a court-appointed special advocate volunteer serve the function of
 reviewing records, facilitating prompt, thorough review of cases, and
 interviewing appropriate parties in order to make recommendations on what
 would be in the best interests of the child.
 (3) In awarding grants under this section, the Administrator shall ensure that
 grants are distributed to localities that have no existing court-appointed
 special advocate program and to programs in need of expansion.
SEC. 218. AUTHORIZATION OF APPROPRIATIONS.
 (a) AUTHORIZATION- There are authorized to be appropriated to carry out
 this chapter--
 (1) $5,000,000 in fiscal year 1991; and
 (2) such sums as may be necessary to carry out this subtitle in each of
 fiscal years 1992, 1993, and 1994.
 (b) LIMITATION- No funds are authorized to be appropriated for a fiscal year
 to carry out this subtitle unless the aggregate amount appropriated to carry
 out title II of the Juvenile Justice and Delinquency Prevention Act of 1974
 (42 U.S.C. 5611 et seq.) for such fiscal year is not less than the aggregate
 amount appropriated to carry out such title for the preceding fiscal year.
Subtitle C--Child Abuse Training Programs for Judicial Personnel and
Practitioners
SEC. 221. FINDINGS AND PURPOSE.
 (a) FINDINGS- The Congress finds that--
 (1) a large number of juvenile and family courts are inundated with increasing
 numbers of cases due to increased reports of abuse and neglect, increasing
 drug-related maltreatment, and insufficient court resources;
 (2) the amendments made to the Social Security Act by the Adoption Assistance
 and Child Welfare Act of 1980 make substantial demands on the courts handling
 abuse and neglect cases, but provide no assistance to the courts to meet
 those demands;
 (3) the Adoption and Child Welfare Act of 1980 requires courts to--
 (A) determine whether the agency made reasonable efforts to prevent foster
 care placement;
 (B) approve voluntary nonjudicial placement; and
 (C) provide procedural safeguards for parents when their parent-child
 relationship is affected;
 (4) social welfare agencies press the courts to meet such requirements,
 yet scarce resources often dictate that courts comply pro forma without
 undertaking the meaningful judicial inquiry contemplated by Congress in
 the Adoption and Child Welfare Act of 1980;
 (5) compliance with the Adoption and Child Welfare Act of 1980 and overall
 improvements in the judicial response to abuse and neglect cases can best
 come about through action by top level court administrators and judges with
 administrative functions who understand the unique aspects of decisions
 required in child abuse and neglect cases; and
 (6) the Adoption and Child Welfare Act of 1980 provides financial incentives
 to train welfare agency staff to meet the requirements, but provides no
 resources to train judges.
 (b) PURPOSE- The purpose of this chapter is to provide expanded technical
 assistance and training to judicial personnel and attorneys, particularly
 personnel and practitioners in juvenile and family courts, to improve the
 judicial system's handling of child abuse and neglect cases with specific
 emphasis on the role of the courts in addressing reasonable efforts that can
 safely avoid unnecessary and unnecessarily prolonged foster care placement.
SEC. 222. GRANTS FOR JUVENILE AND FAMILY COURT PERSONNEL.
 In order to improve the judicial system's handling of child abuse and neglect
 cases, the Administrator of the Office of Juvenile Justice and Delinquency
 Prevention shall make grants for the purpose of providing--
 (1) technical assistance and training to judicial personnel and attorneys,
 particularly personnel and practitioners in juvenile and family courts; and
 (2) administrative reform in juvenile and family courts.
SEC. 223. SPECIALIZED TECHNICAL ASSISTANCE AND TRAINING PROGRAMS.
 (a) GRANTS TO DEVELOP MODEL PROGRAMS- (1) The Administrator shall make grants
 to national organizations to develop 1 or more model technical assistance
 and training programs to improve the judicial system's handling of child
 abuse and neglect cases.
 (2) An organization to which a grant is made pursuant to paragraph (1) shall
 be one that has broad membership among juvenile and family court judges and
 has demonstrated experience in providing training and technical assistance
 for judges, attorneys, child welfare personnel, and lay child advocates.
 (b) GRANTS TO JUVENILE AND FAMILY COURTS- (1) In order to improve the judicial
 system's handling of child abuse and neglect cases, the Administrator shall
 make grants to State courts or judicial administrators for programs that
 provide or contract for, the implementation of--
 (A) training and technical assistance to judicial personnel and attorneys
 in juvenile and family courts; and
 (B) administrative reform in juvenile and family courts.
 (2) The criteria established for the making of grants pursuant to paragraph
 (1) shall give priority to programs that improve--
 (A) procedures for determining whether child service agencies have made
 reasonable efforts to prevent placement of children in foster care;
 (B) procedures for determining whether child service agencies have, after
 placement of children in foster care, made reasonable efforts to reunite
 the family; and
 (C) procedures for coordinating information and services among health
 professionals, social workers, law enforcement professionals, prosecutors,
 defense attorneys, and juvenile and family court personnel, consistent with
 subtitle A.
 (c) GRANT CRITERIA- The Administrator shall make grants under subsections (a)
 and (b) consistent with section 262, 293, and 296 of title II of the Juvenile
 Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5665 et seq.).
SEC. 224. AUTHORIZATION OF APPROPRIATIONS.
 (a) IN GENERAL- There are authorized to be appropriated to carry out this
 chapter--
 (1) $10,000,000 in fiscal year 1991; and
 (2) such sums as may be necessary to carry out this chapter in each of
 fiscal years 1992, 1993, and 1994.
 (b) USE OF FUNDS- Of the amounts appropriated in subsection (a), not less
 than 80 percent shall be used for grants under section 223(b).
 (c) LIMITATION- No funds are authorized to be appropriated for a fiscal year
 to carry out this subtitle unless the aggregate amount appropriated to carry
 out title II of the Juvenile Justice and Delinquency Prevention Act of 1974
 (42 U.S.C. 5611 et seq.) for such fiscal year is not less than the aggregate
 amount appropriated to carry out such title for the preceding fiscal year.
Subtitle D--Federal Victims' Protections and Rights
SEC. 225. CHILD VICTIMS' RIGHTS.
 (a) IN GENERAL- Chapter 223 of title 18, United States Code, is amended by
 adding at the end the following new rule:
`Sec. 3509. Child victims' and child witnesses' rights
 `(a) DEFINITIONS- For purposes of this section--
 `(1) the term `adult attendant' means an adult described in subsection (i)
 who accompanies a child throughout the judicial process for the purpose of
 providing emotional support;
 `(2) the term `child' means a person who is under the age of 18, who is or
 is alleged to be--
 `(A) a victim of a crime of physical abuse, sexual abuse, or exploitation; or
 `(B) a witness to a crime committed against another person;
 `(3) the term `child abuse' means the physical or mental injury, sexual
 abuse or exploitation, or negligent treatment of a child;
 `(4) the term `physical injury' includes lacerations, fractured bones,
 burns, internal injuries, severe bruising or serious bodily harm;
 `(5) 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, which may be demonstrated by a change in behavior,
 emotional response, or cognition;
 `(6) the term `exploitation' means child pornography or child prostitution;
 `(7) the term `multidisciplinary child abuse team' means a professional unit
 composed of representatives from health, social service, law enforcement,
 and legal service agencies to coordinate the assistance needed to handle
 cases of child abuse;
 `(8) 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;
 `(9) the term `sexually explicit conduct' means actual or simulated--
 `(A) sexual intercourse, including sexual contact in the manner of
 genital-genital, oral-genital, anal-genital, or oral-anal contact, whether
 between persons of the same or of opposite sex; sexual contact means the
 intentional touching, either directly or through clothing, of the genitalia,
 anus, groin, breast, inner thigh, or buttocks of any person with an intent
 to abuse, humiliate, harass, degrade, or arouse or gratify sexual desire
 of any person;
 `(B) bestiality;
 `(C) masturbation;
 `(D) lascivious exhibition of the genitals or pubic area of a person or
 animal; or
 `(E) sadistic or masochistic abuse;
 `(10) the term `sex crime' means an act of sexual abuse that is a criminal
 act;
 `(11) the term `exploitation' means child pornography or child prostitution;
 `(12) the term `negligent treatment' means the failure to provide, for
 reasons other than poverty, adequate food, clothing, shelter, or medical
 care so as to seriously endanger the physical health of the child; and
 `(13) the term `child abuse' 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.
 `(b) ALTERNATIVES TO LIVE IN-COURT TESTIMONY-
 `(1) Child's live testimony by 2-way closed circuit television-
 `(A) In a proceeding involving an alleged offense against a child, the
 attorney for the government, the child's attorney, or a guardian ad litem
 appointed under subdivision (h) may apply for an order that the child's
 testimony be taken in a room outside the courtroom and be televised by 2-way
 closed circuit television. The person seeking such an order shall apply for
 such an order at least 5 days before the trial date, unless the court finds
 on the record that the need for such an order was not reasonably foreseeable.
 `(B) The court may order that the testimony of the child be taken by
 closed-circuit television as provided in subparagraph (A) if the court
 finds that the child is unable to testify in open court in the presence of
 the defendant, for any of the following reasons:
 `(i) The child is unable to testify because of fear.
 `(ii) There is a substantial likelihood, established by expert testimony,
 that the child would suffer emotional trauma from testifying.
 `(iii) The child suffers a mental or other infirmity.
 `(iv) Conduct by defendant or defense counsel causes the child to be unable
 to continue testifying.
 `(C) The court shall support a ruling on the child's inability to testify
 with findings on the record. In determining whether the impact on an
 individual child of one or more of the factors described in subparagraph
 (B) is so substantial as to justify an order under subparagraph (A), the
 court may question the minor in chambers, or at some other comfortable
 place other than the courtroom, on the record for a reasonable period of
 time with the child attendant, the prosecutor, the child's attorney, the
 guardian ad litem, and the defense counsel present.
 `(D) If the court orders the taking of testimony by television, the attorney
 for the government and the attorney for the defendant not including
 an attorney pro se for a party shall be present in a room outside the
 courtroom with the child and the child shall be subjected to direct and
 cross-examination. The only other persons who may be permitted in the room
 with the child during the child's testimony are--
 `(i) the child's attorney or guardian ad litem appointed under subdivision
 (h);
 `(ii) persons necessary to operate the closed-circuit television equipment;
 `(iii) a judicial officer, appointed by the court; and
 `(iv) other persons whose presence is determined by the court to be necessary
 to the welfare and well-being of the child, including an adult attendant.
The child's testimony shall be transmitted by closed circuit television
into the courtroom for viewing and hearing by the defendant, jury, judge,
and public. The defendant shall be provided with the means of private,
contemporaneous communication with the defendant's attorney during the
testimony. The closed circuit television transmission shall relay into the
room in which the child is testifying the defendant's image, and the voice
of the judge.
 `(2) VIDEOTAPED DEPOSITION OF CHILD- (A) In a proceeding involving an alleged
 offense against a child, the attorney for the government, the child's
 attorney, the child's parent or legal guardian, or the guardian ad litem
 appointed under subdivision (h) may apply for an order that a deposition
 be taken of the child's testimony and that the deposition be recorded and
 preserved on videotape.
 `(B)(i) Upon timely receipt of an application described in subparagraph
 (A), the court shall make a preliminary finding regarding whether at the
 time of trial the child is likely to be unable to testify in open court in
 the physical presence of the defendant, jury, judge, and public for any of
 the following reasons:
 `(I) The child will be unable to testify because of fear.
 `(II) There is a substantial likelihood, established by expert testimony,
 that the child would suffer emotional trauma from testifying in open court.
 `(III) The child suffers a mental or other infirmity.
 `(IV) Conduct by defendant or defense counsel causes the child to be unable
 to continue testifying.
 `(ii) If the court finds that the child is likely to be unable to testify
 in open court for any of the reasons stated in clause (i), the court shall
 order that the child's deposition be taken and preserved by videotape.
 `(iii) The trial judge shall preside at the videotape deposition of a child
 and shall rule on all questions as if at trial. The only other persons who
 may be permitted to be present at the proceeding are--
 `(I) the attorney for the Government;
 `(II) the attorney for the defendant;
 `(III) the child's attorney or guardian ad litem appointed under subdivision
 (h);
 `(IV) persons necessary to operate the videotape equipment;
 `(V) subject to clause (iv), the defendant; and
 `(VI) other persons whose presence is determined by the court to be necessary
 to the welfare and well-being of the child.
The defendant shall be afforded the rights applicable to defendants during
trial, including the right to an attorney, the right to be confronted with
the witness against the defendant, and the right to cross-examine the child.
 `(iv) If the preliminary finding of inability under clause (i) is based on
 evidence that the child is unable to testify in the physical presence of the
 defendant, the court may order that the defendant, including a defendant
 represented pro se, be excluded from the room in which the deposition is
 conducted. If the court orders that the defendant be excluded from the
 deposition room, the court shall order that 2-way closed circuit television
 equipment relay the defendant's image into the room in which the child is
 testifying, and the child's testimony into the room in which the defendant
 is viewing the proceeding, and that the defendant be provided with a means
 of private, contemporaneous communication with the defendant's attorney
 during the deposition.
 `(v) HANDLING OF VIDEOTAPE- The complete record of the examination of
 the child, including the image and voices of all persons who in any way
 participate in the examination, shall be made and preserved on video
 tape in addition to being stenographically recorded. The videotape shall
 be transmitted to the clerk of the court in which the action is pending
 and shall be made available for viewing to the prosecuting attorney, the
 defendant, and the defendant's attorney during ordinary business hours.
 `(C) If at the time of trial the court finds that the child is unable
 to testify as for a reason described in subparagraph (B)(i), the court
 may admit into evidence the child's videotaped deposition in lieu of the
 child's testifying at the trial. The court shall support a ruling under
 this subparagraph with findings on the record.
 `(D) Upon timely receipt of notice that new evidence has been discovered
 after the original videotaping and before or during trial, the court,
 for good cause shown, may order an additional videotaped deposition. The
 testimony of the child shall be restricted to the matters specified by the
 court as the basis for granting the order.
 `(E) In connection with the taking of a videotaped deposition under this
 paragraph, the court may enter a protective order for the purpose of
 protecting the privacy of the child.
 `(F) The videotape of a deposition taken under this paragraph shall be
 destroyed 5 years after the date on which the trial court entered its
 judgment, but not before a final judgment is entered on appeal including
 Supreme Court review. The videotape shall become part of the court record
 and be kept by the court until it is destroyed.
 `(c) COMPETENCY EXAMINATIONS-
 `(1) EFFECT OF FEDERAL RULES OF EVIDENCE- Nothing in this subdivision shall
 be construed to abrogate rule 601 of the Federal Rules of Evidence.
 `(2) PRESUMPTION- A child is presumed to be competent.
 `(3) REQUIREMENT OF WRITTEN MOTION- A competency examination regarding a
 child witness may be conducted by the court only upon written motion and
 offer of proof of incompetency by a party.
 `(4) REQUIREMENT OF COMPELLING REASONS- A competency examination regarding
 a child may be conducted only if the court determines, on the record,
 that compelling reasons exist. A child's age alone is not a compelling reason.
 `(5) PERSONS PERMITTED TO BE PRESENT- The only persons who may be permitted
 to be present at a competency examination are--
 `(A) the judge;
 `(B) the attorney for the government;
 `(C) the attorney for the defendant;
 `(D) a court reporter; and
 `(E) persons whose presence, in the opinion of the court, is necessary to
 the welfare and well-being of the child, including the child's attorney,
 guardian ad litem, or adult attendant.
 `(6) NOT BEFORE JURY- A competency examination regarding a child witness
 shall be conducted out of the sight and hearing of a jury.
 `(7) DIRECT EXAMINATION OF CHILD- Examination of a child related to competency
 shall normally be conducted by the court on the basis of questions submitted
 by the attorney for the Government and the attorney for the defendant
 including a party acting as an attorney pro se. The court may permit an
 attorney but not a party acting as an attorney pro se to examine a child
 directly on competency if the court is satisfied that the child will not
 suffer emotional trauma as a result of the examination.
 `(8) APPROPRIATE QUESTIONS- The questions asked at the competency examination
 of a child shall be appropriate to the age and developmental level of the
 child, shall not be related to the issues at trial, and shall focus on
 determining the child's ability to understand and answer simple questions.
 `(9) PSYCHOLOGICAL AND PSYCHIATRIC EXAMINATIONS- Psychological and psychiatric
 examinations to assess the competency of a child witness shall not be
 ordered without a showing of compelling need.
 `(d) PRIVACY PROTECTION-
 `(1) CONFIDENTIALITY OF INFORMATION- (A) A person acting in a capacity
 described in subparagraph (B) in connection with a criminal proceeding shall--
 `(i) keep all documents that disclose the name or any other information
 concerning a child in a secure place to which no person who does not have
 reason to know their contents has access; and
 `(ii) disclose documents described in clause (i) or the information in them
 that concerns a child only to persons who, by reason of their participation
 in the proceeding, have reason to know such information.
 `(B) Subparagraph (A) applies to--
 `(i) all employees of the Government connected with the case, including
 employees of the Department of Justice, any law enforcement agency involved
 in the case, and any person hired by the government to provide assistance
 in the proceeding;
 `(ii) employees of the court;
 `(iii) the defendant and employees of the defendant, including the attorney
 for the defendant and persons hired by the defendant or the attorney for
 the defendant to provide assistance in the proceeding; and
 `(iv) members of the jury.
 `(2) FILING UNDER SEAL- All papers to be filed in court that disclose the
 name of or any other information concerning a child shall be filed under
 seal without necessity of obtaining a court order. The person who makes
 the filing shall submit to the clerk of the court--
 `(A) the complete paper to be kept under seal; and
 `(B) the paper with the portions of it that disclose the name of or other
 information concerning a child redacted, to be placed in the public record.
 `(3) PROTECTIVE ORDERS- (A) On motion by any person the court may issue
 an order protecting a child from public disclosure of the name of or any
 other information concerning the child in the course of the proceedings,
 if the court determines that there is a significant possibility that such
 disclosure would be detrimental to the child.
 `(B) A protective order issued under subparagraph (A) may--
 `(i) provide that the testimony of a child witness, and the testimony of
 any other witness, when the attorney who calls the witness has reason to
 anticipate that the name of or any other information concerning a child
 may be divulged in the testimony, be taken in a closed courtroom; and
 `(ii) provide for any other measures that may be necessary to protect the
 privacy of the child.
 `(4) DISCLOSURE OF INFORMATION- This subdivision does not prohibit disclosure
 of the name of or other information concerning a child to the defendant, the
 attorney for the defendant, a multidisciplinary child abuse team, a guardian
 ad litem, or an adult attendant, or to anyone to whom, in the opinion of
 the court, disclosure is necessary to the welfare and well-being of the child.
 `(e) CLOSING THE COURTROOM- When a child testifies the court may order the
 exclusion from the courtroom of all persons, including members of the press,
 who do not have a direct interest in the case. Such an order may be made if
 the court determines on the record that requiring the child to testify in open
 court would cause substantial psychological harm to the child or would result
 in the child's inability to effectively communicate. Such an order shall
 be narrowly tailored to serve the government's specific compelling interest.
 `(f) VICTIM IMPACT STATEMENT- In preparing the presentence report pursuant
 to rule 32(c) of the Federal Rules of Criminal Procedure, the probation
 officer shall request information from the multidisciplinary child abuse
 team and other appropriate sources to determine the impact of the offense
 on the child victim and any other children who may have been affected. A
 guardian ad litem appointed under subdivision (h) shall make every effort
 to obtain and report information that accurately expresses the child's and
 the family's views concerning the child's victimization. A guardian ad litem
 shall use forms that permit the child to express the child's views concerning
 the personal consequences of the child's victimization, at a level and in
 a form of communication commensurate with the child's age and ability.
 `(g) USE OF MULTIDISCIPLINARY CHILD ABUSE TEAMS-
 `(1) IN GENERAL- A multidisciplinary child abuse team shall be used when it is
 feasible to do so. The court shall work with State and local governments that
 have established multidisciplinary child abuse teams designed to assist child
 victims and child witnesses, and the court and the attorney for the government
 shall consult with the  multidisciplinary child abuse team as appropriate.
 `(2) ROLE OF MULTIDISCIPLINARY CHILD ABUSE TEAMS- The role of the
 multidisciplinary child abuse team shall be to provide for a child services
 that the members of the team in their professional roles are capable of
 providing, including--
 `(A) medical diagnoses and evaluation services, including provision or
 interpretation of x-rays, laboratory tests, and related services, as needed,
 and documentation of findings;
 `(B) telephone consultation services in emergencies and in other situations;
 `(C) medical evaluations related to abuse or neglect;
 `(D) psychological and psychiatric diagnoses and evaluation services for
 the child, parent or parents, guardian or guardians, or other caregivers,
 or any other individual involved in a child victim or child witness case;
 `(E) expert medical, psychological, and related professional testimony;
 `(F) case service coordination and assistance, including the location of
 services available from public and private agencies in the community; and
 `(G) training services for judges, litigators, court officers and others
 that are involved in child victim and child witness cases, in handling
 child victims and child witnesses.
 `(h) GUARDIAN AD LITEM-
 `(1) IN GENERAL- The court may appoint a guardian ad litem for a child who
 was a victim of, or a witness to, a crime involving abuse or exploitation to
 protect the best interests of the child. In making the appointment, the court
 shall consider a prospective guardian's background in, and familiarity with,
 the judicial process, social service programs, and child abuse issues. The
 guardian ad litem shall not be a person who is or may be a witness in a
 proceeding involving the child for whom the guardian is appointed.
 `(2) DUTIES OF GUARDIAN AD LITEM- A guardian ad litem may attend all the
 depositions, hearings, and trial proceedings in which a child participates,
 and make recommendations to the court concerning the welfare of the child. The
 guardian ad litem may have access to all reports, evaluations and records,
 except attorney's work product, necessary to effectively advocate for the
 child. (The extent  of access to grand jury materials is limited to the
 access routinely provided to victims and their representatives.) A guardian
 ad litem shall marshal and coordinate the delivery of resources and special
 services to the child. A guardian ad litem shall not be compelled to testify
 in any court action or proceeding concerning any information or opinion
 received from the child in the course of serving as a guardian ad litem.
 `(3) IMMUNITIES- A guardian ad litem shall be presumed to be acting in good
 faith and shall be immune from civil and criminal liability for complying
 with the guardian's lawful duties described in subpart (2).
 `(i) ADULT ATTENDANT- A child testifying at or attending a judicial
 proceeding shall have the right to be accompanied by an adult attendant
 to provide emotional support to the child. The court, at its discretion,
 may allow the adult attendant to remain in close physical proximity to or
 in contact with the child while the child testifies. The court may allow
 the adult attendant to hold the child's hand or allow the child to sit
 on the adult attendant's lap throughout the course of the proceeding. An
 adult attendant shall not provide the child with an answer to any question
 directed to the child during the course of the child's testimony or otherwise
 prompt the child. The image of the child attendant, for the time the child
 is testifying or being deposed, shall be recorded on videotape.
 `(j) SPEEDY TRIAL- In a proceeding in which a child is called to give
 testimony, on motion by the attorney for the Government or a guardian ad
 litem, or on its own motion, the court may designate the case as being
 of special public importance. In cases so designated, the court shall,
 consistent with these rules, expedite the proceeding and ensure that it
 takes precedence over any other. The court shall ensure a speedy trial
 in order to minimize the length of time the child must endure the stress
 of involvement with the criminal process. When deciding whether to grant
 a continuance, the court shall take into consideration the age of the
 child and the potential adverse impact the delay may have on the child's
 well-being. The court shall make written findings of fact and conclusions
 of law when granting a continuance in cases involving a child.
 `(k) EXTENSION OF CHILD STATUTE OF LIMITATIONS- No statute of limitation that
 would otherwise preclude prosecution for an offense involving the sexual
 or physical abuse of a child under the age of 18 years shall preclude such
 prosecution before the child reaches the age of 25 years. If, at any time
 that a cause of action for recovery of compensation for damage or injury
 to the person of a child exists, a criminal action is pending which arises
 out of the same occurrence and in which the child is the victim, the civil
 action shall be stayed until the end of all phases of the criminal action
 and any mention of the civil action during the criminal proceeding is
 prohibited. As used in this subsection, a criminal action is pending until
 its final adjudication in the trial court.
 `(l) TESTIMONIAL AIDS- The court may permit a child to use anatomical dolls,
 puppets, drawings, mannequins, or any other demonstrative device the court
 deems appropriate for the purpose of assisting a child in testifying.'.
 (b) VIOLATION OF RULE REGARDING DISCLOSURE-
 (1) PUNISHMENT AS CONTEMPT- Chapter 21 of title 18, United States Code,
 is amended by adding at the end thereof the following new section:
-`Sec. 403. Protection of the privacy of child victims and child witnesses
 `A knowing or intentional violation of the privacy protection accorded by
 section 3509 of this title is a criminal contempt punishable by not more
 than one year's imprisonment, or a fine under this title, or both.'.
 (2) TECHNICAL AMENDMENT- The table of sections at the beginning of chapter
 21 of title 18, United States Code, is amended by adding at the end thereof
 the following new item:
`403. Protection of the privacy of child victims and child witnesses.'.
SEC. 226. CHILD ABUSE REPORTING.
 (a) IN GENERAL- A person who, while engaged in a professional capacity or
 activity described in subsection (b) on Federal land or in a federally
 operated (or contracted) facility, learns of facts that give reason to
 suspect that a child has suffered an incident of child abuse, shall as soon
 as possible make a report of the suspected abuse to the agency designated
 under subsection (d).
 (b) COVERED PROFESSIONALS- Persons engaged in the following professions
 and activities are subject to the requirements of subsection (a):
 (1) Physicians, dentists, medical residents or interns, hospital personnel
 and administrators, nurses, health care practitioners, chiropractors,
 osteopaths, pharmacists, optometrists, podiatrists, emergency medical
 technicians, ambulance drivers, undertakers, coroners, medical examiners,
 alcohol or drug treatment personnel, and persons performing a healing role
 or practicing the healing arts.
 (2) Psychologists, psychiatrists, and mental health professionals.
 (3) Social workers, licensed or unlicensed marriage, family, and individual
 counselors.
 (4) Teachers, teacher's aides or assistants, school counselors and guidance
 personnel, school officials, and school administrators.
 (5) Child care workers and administrators.
 (6) Law enforcement personnel, probation officers, criminal prosecutors,
 and juvenile rehabilitation or detention facility employees.
 (7) Foster parents.
 (8) Commercial film and photo processors.
 (c) DEFINITIONS- For the purposes of this section--
 (1) the term `child abuse' means the physical or mental injury, sexual
 abuse or exploitation, or negligent treatment of a child;
 (2) the term `physical injury' includes but is not limited to lacerations,
 fractured bones, burns, internal injuries, severe bruising or serious
 bodily harm;
 (3) 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, which may be demonstrated by a change in behavior,
 emotional response or cognition;
 (4) 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;
 (5) the term `sexually explicit conduct' means actual or simulated--
 (A) sexual intercourse, including sexual contact in the manner of
 genital-genital, oral-genital, anal-genital, or oral-anal contact, whether
 between persons of the same or of opposite sex; sexual contact means the
 intentional touching, either directly or through clothing, of the genitalia,
 anus, groin, breast, inner thigh, or buttocks of any person with an intent
 to abuse, humiliate, harass, degrade, or arouse or gratify sexual desire
 of any person;
 (B) bestiality;
 (C) masturbation;
 (D) lascivious exhibition of the genitals or pubic area of a person or
 animal; or
 (E) sadistic or masochistic abuse;
 (6) the term `exploitation' means child pornography or child prostitution;
 (7) the term `negligent treatment' means the failure to provide, for reasons
 other than poverty, adequate food, clothing, shelter, or medical care so
 as to seriously endanger the physical health of the child; and
 (8) the term `child abuse' shall 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.
 (d) AGENCY DESIGNATED TO RECEIVE REPORT AND ACTION TO BE TAKEN- For
 all Federal lands and all federally operated (or contracted) facilities
 in which children are cared for or reside, the Attorney General shall
 designate an agency to receive and investigate the reports described in
 subsection (a). By formal written agreement, the designated agency may be
 a non-Federal agency. When such reports are received by social services
 or health care agencies, and involve allegations of sexual abuse, serious
 physical injury, or life-threatening neglect of a child, there shall be an
 immediate referral of the report to a law enforcement agency with authority
 to take emergency action to protect the child. All reports received shall
 be promptly investigated, and whenever appropriate, investigations shall
 be conducted jointly by social services and law enforcement personnel,
 with a view toward avoiding unnecessary multiple interviews with the child.
 (e) REPORTING FORM- In every federally operated (or contracted) facility, and
 on all Federal lands, a standard written reporting form, with instructions,
 shall be disseminated to all mandated reporter groups. Use of the form shall
 be encouraged, but its use shall not take the place of the immediate making
 of oral reports, telephonically or otherwise, when circumstances dictate.
 (f) IMMUNITY FOR GOOD FAITH REPORTING AND ASSOCIATED ACTIONS- All persons
 who, acting in good faith, make a report by subsection (a), or otherwise
 provide information or assistance in connection with a report, investigation,
 or legal intervention pursuant to a report, shall be immune from civil and
 criminal liability arising out of such actions. There shall be a presumption
 that any such persons acted in good faith. If a person is sued because of the
 person's performance of one of the above functions, and the defendant prevails
 in the litigation, the court may order that the plaintiff pay the defendant's
 legal expenses. Immunity shall not be accorded to persons acting in bad faith.
 (g) CRIMINAL PENALTY FOR FAILURE TO REPORT- (1) Chapter 110 of title 18,
 United States Code, is amended by adding at the end thereof the following
 new section:
`Sec. 2258. Failure to report child abuse
 `A person who, while engaged in a professional capacity or activity
 described in subsection (b) of section 226 of the Victims of Child Abuse
 Act of 1990 on Federal land or in a federally operated (or contracted)
 facility, learns of facts that give reason to suspect that a child has
 suffered an incident of child abuse, as defined in subsection (c) of that
 section, and fails to make a timely report as required by subsection (a)
 of that section, shall be guilty of a Class B misdemeanor.'.
 (2) The chapter analysis for chapter 110, United States Code, is amended--
 (A) by amending the catchline to read as follows:
`CHAPTER 110--SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN';
and
 (B) by adding at the end thereof the following new item:
`2258. Failure to report child abuse.'.
 (3) The item relating to chapter 110 in the part analysis for part 1 of
 title 18, United States Code, is amended to read as follows:
2251'.
 (h) TRAINING OF PROSPECTIVE REPORTERS- All individuals in the occupations
 listed in subsection (b)(1) who work on Federal lands, or are employed
 in federally operated (or contracted) facilities, shall receive periodic
 training in the obligation to report, as well as in the identification of
 abused and neglected children.
Subtitle E--Child Care Worker Employee Background Checks
SEC. 231. REQUIREMENT FOR BACKGROUND CHECKS.
 (a) IN GENERAL- (1) Each agency of the Federal Government, and every
 facility operated by the Federal Government (or operated under contract with
 the Federal Government), that hires (or contracts for hire) individuals
 involved with the provision to children under the age of 18 of child care
 services shall assure that all existing and newly-hired employees undergo
 a criminal history background check. All existing staff shall receive such
 checks not later than 6 months after the date of enactment of this chapter,
 and no additional staff shall be hired without a check having been completed.
 (2) For the purposes of this section, the term `child care services' means
 child protective services (including the investigation of child abuse and
 neglect reports), social services, health and mental health care, child
 (day) care, education (whether or not directly involved in teaching),
 foster care, residential care, recreational or rehabilitative programs,
 and detention, correctional, or treatment services.
 (b) CRIMINAL HISTORY CHECK- (1) A background check required by subsection
 (a) shall be--
 (A) based on a set of the employee's fingerprints obtained by a law
 enforcement officer and on other identifying information;
 (B) conducted through the Identification Division of the Federal Bureau
 of Investigation and through the State criminal history repositories of
 all States that an employee or prospective employee lists as current and
 former residences in an employment application; and
 (C) initiated through the personnel programs of the applicable Federal
 agencies.
 (2) The results of the background check shall be communicated to the
 employing agency.
 (c) APPLICABLE CRIMINAL HISTORIES- Any conviction for a sex crime, an
 offense involving a child victim, or a drug felony, may be ground for denying
 employment or for dismissal of an employee in any of the positions listed
 in subsection (a)(2). In the case of an incident in which an individual has
 been charged with one of those offenses, when the charge has not yet been
 disposed of, an employer may suspend an employee from having any contact
 with children while on the job until the case is resolved. Conviction of a
 crime other than a sex crime may be considered if it bears on an individual's
 fitness to have responsibility for the safety and well-being of children.
 (d) EMPLOYMENT APPLICATIONS- (1) Employment applications for individuals who
 are seeking work for an agency of the Federal Government, or for a facility
 or program operated by (or through contract with) the Federal Government, in
 any of the positions listed in subsection (a)(1), shall contain a question
 asking whether the individual has ever been arrested for or charged with a
 crime involving a child, and if so requiring a description of the disposition
 of the arrest or charge. An application shall state that it is being signed
 under penalty of perjury, with the applicable Federal punishment for perjury
 stated on the application.
 (2) A Federal agency seeking a criminal history record check shall first
 obtain the signature of the employee or prospective employee indicating that
 the employee or prospective employee has been notified of the employer's
 obligation to require a record check as a condition of employment and
 the employee's right to obtain a copy of the criminal history report made
 available to the employing Federal agency and the right to challenge the
 accuracy and completeness of any information contained in the report.
 (e) ENCOURAGEMENT OF VOLUNTARY CRIMINAL HISTORY CHECKS FOR OTHERS WHO MAY
 HAVE CONTACT WITH CHILDREN- Federal agencies and facilities are encouraged
 to submit identifying information for criminal history checks on volunteers
 working in any of the positions listed in subsection (a) and on adult
 household members in places where child care or foster care services are
 being provided in a home.
Subtitle F--Grants for Televised Testimony
SEC. 241. GRANTS FOR CLOSED-CIRCUIT TELEVISING OF TESTIMONY OF CHILDREN WHO
ARE VICTIMS OF ABUSE.
 (a) ESTABLISHMENT OF GRANT PROGRAM- Title I of the Omnibus Crime Control
 and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended--
 (1) in part N--
 (A) in the heading by striking `PART N' and inserting `PART O', and
 (B) by redesignating section 1401 as 1501, and
 (2) by inserting after part M the following:
`Part N--Grants for Closed-Circuit Televising of Testimony of Children Who
Are Victims of Abuse
`FUNCTION OF THE DIRECTOR
 `SEC. 1401. The Director shall provide funds to eligible States and units
 of local government pursuant to this part.
`DESCRIPTION OF GRANT PROGRAM
 `SEC. 1402. The Director is authorized to make grants to States, for the use
 of States and units of local government in the States to provide equipment
 and personnel training for the closed-circuit televising and video taping
 of the testimony of children in criminal proceedings for the violation of
 laws relating to the abuse of children.
`applications to receive grants
 `SEC. 1403. To request a grant under section 1402, the chief executive
 officer of a State shall submit to the Director an application at such time
 and in such form as the Director may require. Such application shall include--
 `(1) a certification that Federal funds made available under section 1402
 of this title will not be used to supplant State or local funds, but will
 be used to increase the amounts of such funds that would, in the absence
 of such funds, be made available for criminal proceedings for the violation
 of laws relating to the abuse of children;
 `(2) a certification that funds required to pay the non-Federal portion of
 the cost of equipment and personnel training for which such grant is made
 shall be in addition to funds that would otherwise be made available by
 the recipients of grant funds for criminal proceedings for the violation
 of laws relating to the abuse of children;
 `(3) an assurance that the State application described in this section,
 and any amendment to such application, has been submitted for review to
 the State legislature or its designated body (for purposes of this section,
 such application or amendment shall be deemed to be reviewed if the State
 legislature or such body does not review such application or amendment within
 the 60-day period beginning on the date such application or amendment is
 so submitted); and
 `(4) an assurance that the State application and any amendment thereto was
 made public before submission to the Bureau and, to the extent provided
 under State law or established procedure, an opportunity to comment thereon
 was provided to citizens and to neighborhood and community groups.
`REVIEW OF APPLICATIONS
 `SEC. 1404. (a) The Bureau shall provide financial assistance to each
 State applicant under section 1402 of this title to provide equipment and
 personnel training for the closed-circuit televising and video taping of
 the testimony of children in criminal proceedings for the violation of laws
 relating to the abuse of children, upon determining that--
 `(1) there is in effect in such State a law that permits the closed-circuit
 televising and video taping of testimony of children in criminal proceedings
 for the violation of laws relating to the abuse of children;
 `(2) such State law shall meet the following criteria:
 `(A) the judges determination that a child witness will be traumatized by
 the presence of the defendant must be made on a case-by-case basis;
 `(B) the trauma suffered must be more than de minimis;
 `(C) the child witness must give his/her statements under oath;
 `(D) the child witness must submit to cross-examination; and
 `(E) the finder of fact must be permitted to observe the demeanor of the
 child witness in making his or her statement and the defendant must be able
 to contemporaneously communicate with his defense attorney;
 `(3) the application submitted under section 1402 or amendment to such
 application is consistent with the requirements of this title; and
 `(4) before the approval of such application and any amendment thereto the
 Bureau has made an affirmative finding in writing that such equipment and
 personnel training has been reviewed in accordance with section 1403 of
 this title.
Each application or amendment made and submitted for approval to the Bureau
pursuant to section 1403 shall be deemed approved, in whole or in part,
by the Bureau not later than 60 days after first received unless the Bureau
informs the applicant of specific reasons for disapproval.
 `(b) The Bureau shall not finally disapprove any application, or any amendment
 thereto, submitted to the Director under this section without first affording
 the applicant reasonable notice and opportunity for reconsideration.
`ALLOCATION AND DISTRIBUTION OF FUNDS UNDER FORMULA GRANTS
 `SEC. 1405. (a) The total amount appropriated for this part in any fiscal
 year shall be set aside for section 1402 and allocated to States as follows:
 `(1) $50,000 shall be allocated to each of the participating States.
 `(2) Of the total funds remaining after the allocation under paragraph (1),
 there shall be allocated to each participating State an amount which bears
 the same ratio to the amount of remaining funds described in this paragraph
 as the population of such State bears to the population of all the States.
 `(b)(1) Each State which receives funds under subsection (a) in a fiscal
 year shall distribute among units of local government, in such State for the
 purpose specified in section 1402 of this title that portion of such funds
 which bears the same ratio to the aggregate amount of such funds as the amount
 of funds expended by all units of local government in the preceding fiscal
 year for prosecution of child abuse offenses bears to the aggregate amount
 of funds expended by the State and all units of local government in such
 State in such preceding fiscal year for prosecution of child abuse offenses.
 `(2) Any funds not distributed to units of local government under paragraph
 (1) shall be available for expenditure by the State involved.
 `(3) For purposes of determining the distribution of funds under paragraph
 (1), the most accurate and complete data available for the fiscal year
 involved shall be used. If data for such fiscal year are not available,
 then the most accurate and complete data available for the most recent
 fiscal year preceding such fiscal year shall be used.
 `(c) No funds allocated to a State under subsection (a) or received by
 a State for distribution under subsection (b) may be distributed by the
 Director or by the State involved for any use other than a use specified
 in an approved application.
 `(d) If the Director determines, on the basis information available to the
 Director during any fiscal year, that a portion of the funds allocated to
 a State for that fiscal year will not be required or that a State will
 be unable to qualify or receive funds under section 1402 of this title,
 or that a State chooses not to participate in the program established under
 such section, then such portion shall be awarded by the Director to units of
 local government or combinations thereof within such State giving priority
 to those jurisdictions with greatest need.
`reports
 `SEC. 1406. (a) Each State which receives a grant under this title shall
 submit to the Director, for each year in which any part of such grant is
 expended by a State or unit of local government, a report which contains--
 `(1) a summary of the activities carried out with such grant and an assessment
 of the impact of such activities on meeting the needs identified in the
 State application submitted under section 1403 of this title; and
 `(2) such other information as the Director may require by rule.
Such report shall be submitted in such form and by such time as the Director
may require by rule.
 `(b) Not later than 90 days after the end of each fiscal year for which
 grants are made under this part, the Director shall submit to the Speaker
 of the House of Representatives and the President pro tempore of the Senate
 a report that includes with respect to each State--
 `(1) the aggregate amount of grants made under this title to such State
 for such fiscal year; and
 `(2) a summary of the information provided in compliance with subsection
 (a)(1).
`EXPENDITURE OF GRANTS; RECORDS
 `SEC. 1407. (a) A grant made under this part may not be expended for more
 than 75 percent of the cost of the identified uses, in the aggregate,
 for which such grant is received to carry out section 1402, except that
 in the case of funds distributed to an Indian tribe which performs law
 enforcement functions (as determined by the Secretary of the Interior)
 for any such program or project, the amount of such grant shall be equal
 to 100 percent of such cost. The non-Federal portion of the expenditures
 for such uses shall be paid in cash.
 `(b) Not more than 10 percent of a grant made under this part may be used
 for costs incurred to administer such grant.
 `(c)(1) Each State which receives a grant under this title shall keep, and
 shall require units of local government which receive any part of such grant
 to keep, such records as the Director may require by rule to facilitate an
 effective audit.
 `(2) The Director and the Comptroller General of the United States shall
 have access, for the purpose of audit and examination, to any books,
 documents, and records of States which receive grants, and of units of
 local government which receive any part of a grant made under this part
 if, in the opinion of the Director or the Comptroller General, such books,
 documents, and records are related to the receipt or use of any such grant.
`STATE OFFICE
 `SEC. 1408. (a) The chief executive of each participating State shall
 designate a State office for purposes of--
 `(1) preparing an application to obtain funds under section 1402 of this
 title; and
 `(2) administering funds received under this part from the Director,
 including receipt, review, processing, monitoring, progress and financial
 report review, technical assistance, grant adjustments, accounting, auditing,
 and fund disbursements.
 `(b) An office or agency performing other functions within the executive
 branch of a State may be designated to carry out the functions specified
 in subsection (a).
`DEFINITIONS
 `SEC. 1409. For purposes of this part--
 `(1) the term `child' means an individual under the age of 18 years; and
 `(2) the term `abuse' means physical or mental injury, sexual abuse or
 exploitation, or negligent treatment of a child.'.
 (b) TECHNICAL AMENDMENTS- (1) Section 402(1) of title I of the Omnibus
 Crime Control and Safe Streets Act of 1968 is amended by striking `part E'
 and inserting `parts E and N'.
 (2) Section 801(b) of title I of the Omnibus Crime Control and Safe Streets
 Act of 1968 (42 U.S.C. 3782(b)) is amended by striking `and M' and inserting
 `M, and N'.
 (3) Section 802(b) of title I of the Omnibus Crime Control and Safe Streets
 Act of 1968 (42 U.S.C. 3783(b)) is amended by striking `or M' and inserting
 `, M, or N'.
 (4) Section 808 of title I of the Omnibus Crime Control and Safe Streets
 Act of 1968 (42 U.S.C. 3789) is amended by striking `or 1308' and inserting
 `, 1308, or 1408'.
 (5) The table of contents of title I of the Omnibus Crime Control and Safe
 Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended--
 (A) by striking the items relating to part M and sections 1301 through
 1312, as added by section 1552(b)(5) of the State and Local Law Enforcement
 Assistance Act of 1986 (Public Law 99-570; 100 Stat. 3207-46), and
 (B) by striking the items relating to part N and section 1401, and inserting
 the following new items:
`Part N--Grants for Closed-Circuit Televising of Testimony of Children Who
Are Victims of Abuse
`Sec. 1401. Function of Director.
`Sec. 1402. Description of grant program.
`Sec. 1403. Application to receive grants.
`Sec. 1404. Review of applications.
`Sec. 1405. Allocation and distribution of funds under formula grants.
`Sec. 1406. Reports.
`Sec. 1407. Expenditure of grants; records.
`Sec. 1408. State office.
`Sec. 1409. Definitions.
`Part O--Transition--Effective Date--Repealer
`Sec. 1501. Continuation of rules, authorities, and proceedings.'.
 (c) AUTHORIZATION OF APPROPRIATIONS- Section 1001 of title I of the Omnibus
 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793) is amended--
 (1) in subsection (a)--
 (A) in paragraph (3) by striking `and M' and inserting `M, and N';
 (B) by redesignating paragraph (6) as paragraph (7); and
 (C) by inserting after paragraph (5) the following:
 `(6) There is authorized to be appropriated $25,000,000 for each of the
 fiscal years 1991, 1992, and 1993 to carry out the programs under part N
 of this title.'; and
 (2) in subsection (b) by striking `and M' and inserting `M, and N'.
Subtitle G--Treatment for Juvenile Offenders Who Are Victims of Child Abuse
Or Neglect
AUTHORITY TO MAKE GRANTS
 SEC. 251. The Administrator, in consultation with the Secretary of Health
 and Human Services, shall make grants to public and nonprofit private
 organizations to develop, establish, and support projects which--
 (1) provide treatment to juvenile offenders who are victims of child abuse
 or neglect, and to their families so as to reduce the likelihood that such
 juvenile offenders will commit subsequent violations of law;
 (2) based upon the best interests of juvenile offenders who receive treatment
 for abuse or neglect, provide transitional services (including individual,
 group, and family counseling) to such juvenile offenders--
 (A) to strengthen the relationships of such juvenile offenders with their
 families and to encourage the resolution of intrafamily problems related
 to the abuse or neglect;
 (B) to facilitate their alternative placement; or
 (C) to prepare juveniles aged 16 years of age and older to live independently;
 or
 (3) carry out research, including surveys of existing transitional services,
 identification of exemplary treatment modalities, and evaluation of treatment
 and transitional services provided with grants made under this section.
ADMINISTRATIVE REQUIREMENTS
 SEC. 252. The Administrator shall administer this subtitle subject to the
 requirements of sections 262, 293, and 296 of the Juvenile Justice and
 Delinquency Prevention Act of 1974 (42 U.S.C. 5665a, 5673, 5676).
priority
 SEC. 253. In making grants under section 690, the Administrator--
 (1) shall give priority to applicants that have experience in treating
 juveniles who are the victims of abuse or neglect; and
 (2) may not disapprove an application solely because the applicant proposes
 to provide treatment or transitional services to juveniles who are adjudicated
 delinquent for having committed offenses which are not serious crimes.
AUTHORIZATION OF APPROPRIATIONS
 SEC. 254. (a) Subject to subsection (b), there are authorized to be
 appropriated to carry out this subtitle--
 (1) $15,000,000 for fiscal year 1991; and
 (2) such sums as may be necessary for fiscal years 1992 and 1993.
 (b) No amount is authorized to be appropriated for a fiscal year to carry
 out this subtitle unless the aggregate amount appropriated to carry out
 title II of the Juvenile Justice and Delinquency Prevention Act of 1974
 (42 U.S.C. 5611-5676) for such fiscal year is not less than the aggregate
 amount appropriated to carry out such title for the preceding fiscal year.
 (c) From the amount appropriated to carry out this subtitle in any fiscal
 year, the Administrator shall use--
 (1) not less than 85 percent to make grants under section 731 for treatment
 and transitional services;
 (2) not to exceed 10 percent for grants under section 731 for research; and
 (3) not to exceed 5 percent for salaries and expenses of the Office of
 Juvenile Justice and Delinquency Prevention related to administering this
 subtitle.
DEFINITIONS
 SEC. 255. For the purpose of this subtitle--
 (1) the term `Administrator' means the Administrator of the Office of
 Juvenile Justice and Delinquency Prevention; and
 (2) the term `juvenile' means an individual who is less than 18 years of age.
TITLE III--CHILD PROTECTION RESTORATION AND PENALTIES ENHANCEMENT ACT OF 1990
SEC. 301. SHORT TITLE.
 (a) SHORT TITLE- This title may be cited as the `Child Protection Restoration
 and Penalties Enhancement Act of 1990'.
 (b) EFFECTIVE DATE- Section 2257(a)(1) of title 18, United States Code,
 is amended by striking `February 6, 1978' and inserting `November 1, 1990'.
Subtitle A--Restoration of Recordkeeping Requirement
SEC. 311. RECORDKEEPING REQUIREMENTS.
 Section 2257 of title 18, United States Code, is amended by striking
 subsections (d) and (e) and inserting the following:
 `(d)(1) No information or evidence obtained from records required to be
 created or maintained by this section shall, except as provided in this
 section, directly or indirectly, be used as evidence against any person
 with respect to any violation of law.
 `(2) Paragraph (1) of this subsection shall not preclude the use of such
 information or evidence in a prosecution or other action for  a violation
 of this section or for  a violation of any applicable provision of law
 with respect to the furnishing of  false information.
 `(e)(1) Any person to whom subsection (a) applies shall cause to be affixed
 to every copy of any matter described in paragraph (1) of subsection (a)
 of this section, in such manner and in such form as the Attorney General
 shall by regulations prescribe, a statement describing where the records
 required by this section with respect to all performers depicted in  that
 copy of the matter may be located.
 `(2) If the person to whom subsection (a) of this section applies is
 an organization the statement required by this subsection shall include
 the name, title, and business address of the individual employed by such
 organization responsible for maintaining the records required by this section.
 `(f) It shall be unlawful--
 `(1) for any person to whom subsection (a) applies to fail to create or
 maintain  the records as required by subsections (a) and (c) or by any
 regulation promulgated under this section;
 `(2) for any person to whom subsection (a) applies knowingly to make
 any false entry in or knowingly to fail to make an appropriate entry in,
 any record required by subsection (b)  of this section or any regulation
 promulgated  under this section;
 `(3) for any person to whom subsection (a) applies knowingly to fail to
 comply with the provisions of subsection (e) or any regulation promulgated
 pursuant to that subsection; and
 `(4) for any person knowingly to sell or otherwise transfer, or offer
 for sale or transfer, any book, magazine, periodical, film, video, or
 other matter, produce in whole or in part  with materials which have been
 mailed or shipped in interstate or foreign commerce or which is intended
 for shipment in interstate or foreign commerce,  which--
 `(A) contains one or more visual depictions made after the effective date
 of this subsection of actual sexually explicit conduct; and
 `(B) is produced in whole or in part with materials which have been mailed
 or  shipped in interstate or foreign commerce, or is shipped or transported
 or is intended for shipment  or  transportation  in  interstate  or  foreign
 commerce;
which does not have affixed  thereto, in a manner prescribed as  set forth in
subsection (e)(1), a statement describing where the records required by this
section may be  located, but  such person shall have no duty to determine the
accuracy of the contents of the statement or  the records required to be kept.
 `(g) The Attorney General shall issue appropriate regulations to carry out
 this section.
 `(h) As used in this section--
 `(1) the term `actual sexually explicit conduct' means actual but not
 simulated conduct as defined in subparagraphs (A) through (D) of paragraph
 (2) of section 2256 of this title;
 `(2) `identification document' has the meaning given that term in section
 1028(d)  of  this title;
 `(3) the term `produces' means to produce, manufacture, or publish any
 book, magazine, periodical, film, video tape or other similar matter and
 includes the duplication, reproduction, or reissuing of any such matter,
 but does not include mere distribution or any other activity which does
 not involve hiring, contracting for managing, or otherwise arranging for
 the participation of the performers depicted; and
 `(4) the term `performer' includes any person portrayed in  a visual
 depiction engaging in, or assisting another person to engage in, actual
 sexually explicit conduct.
 `(i) Whoever violates this section shall be imprisoned for not more
 than 2 years, and fined in accordance with the provisions of this title,
 or both. Whoever violates this section after having been convicted of a
 violation punishable under this section shall be imprisoned for any period
 of years not more than 5 years but not less than 2 years,  and fined in
 accordance with the provisions of this title, or both.'.
SEC. 312. EFFECTIVE DATE.
 Subsections (d), (f), (g), (h), and (i) of section 2257 of title 18, United
 States Code,  as added by this title shall take effect 90 days after the
 date of the enactment of this Act except--
 (1) the Attorney General shall prepare the initial set of regulations required
 or authorized by subsections (d), (f), (g), (h), and (i) of section 2257
 within 60 days of  the date of the enactment of this Act; and
 (2) subsection (e) of section 2257 and of any regulation issued pursuant
 thereto shall take effect 90 days after the date of the enactment of this Act.
Subtitle B--Sexual Abuse  Penalties
SEC. 321. SENTENCING COMMISSION GUIDELINES.
 The United States Sentencing Commission shall amend existing guidelines
 for sentences involving sexual crimes against children, including offenses
 contained in chapter 109A of title 18, so that more substantial penalties
 may be imposed if the Commission determines current penalties are inadequate.
SEC. 322. SEXUAL ABUSE OF A MINOR.
 Section 2243(a) of title 18, United States Code, is amended by striking
 `five years' and inserting `15 years'.
SEC. 323. CERTAIN ACTIVITIES RELATING TO VISUAL DEPICTIONS.
 (a) Section 2252 of title 18, United States Code, is amended--
 (1) by striking out `or' at the end of subsection (a)(1); and
 (2) by striking out `shall be punished as provided in subsection (b) of
 this section' in subsection (a)(2) and all that follows through the end of
 subsection (b) and inserting the following:
 `(3) either--
 `(A) in the special maritime and territorial jurisdiction of the United
 States, or on any land or building owned by, leased to, or otherwise used
 by or under the control of the Government of the United States, or in the
 Indian country as defined in section 1151 of this title, knowingly sells
 or possesses with intent to sell any visual depiction; or
 `(B) knowingly sells or possesses with intent to sell any visual depiction
 that has been mailed, or has been shipped or transported in interstate or
 foreign commerce, or which was produced using materails which have been
 mailed or so shipped or transported, by any means, including by computer, if--
 `(i) the producing of such visual depiction involves the use of a minor
 engaging in sexually explicit conduct; and
 `(ii) such visual depiction is of such conduct; or
 `(4) either--
 `(A) in the special maritime and territorial jurisdiction of the United
 States, or on any land or building owned by, leased to, or otherwise used
 by or under the control of the Government of the United States, or in
 the Indian country as defined in section 1151 of this title, knowingly
 possesses 3 or more books, magazines, periodicals, films, video tapes,
 or other matter which contain any visual depiction; or
 `(B) knowingly possesses 3 or more books, magazines, periodicals, films,
 video tapes, or other matter which contain any visual depiction that has
 been mailed, or has been shipped or transported in interstate or foreign
 commerce, or which was produced using materials which have been mailed or
 so shipped or transported, by any means including by computer, if--
 `(i) the producing of such visual depiction involves the use of a minor
 engaging in sexually explicit conduct; and
 `(ii) such visual depiction is of such conduct;
shall be punished as provided in subsection (b) of this section.
 `(b)(1) Whoever violates paragraph (1), (2), or (3) of subsection (a)
 shall be fined under this title or imprisoned not more than ten years,
 or both, but, if such person has a prior conviction under this section,
 such person shall be fined under this title and imprisoned for not less
 than five years nor more than fifteen years.
 `(2) Whoever violates paragraph (4) of subsection (a) shall be fined under
 this title or imprisoned for not more than five years, or both.'.
 (b) Paragraph (2) of subsection 2252(a) of title 18, United States Code, is
 amended by striking `that has been transported or shipped in interstate or
 foreign commerce by any means including by computer or mailed' and inserting
 `that has been mailed, or has been shipped or transported in interstate or
 foreign commerce, or which contains materials which have been mailed or so
 shipped or transported, by any means including by computer,'.
 (c) Section 1460 of title 18, United States Code, is amended--
 (1) in subsection (a), by striking `or a visual depiction of a minor engaging
 in or assisting another person to engage in sexually explicit conduct,' and
 (2) so that subsection (b) reads as follows:
 `(b) For the purposes of this section, the term `visual depiction' includes
 undeveloped film and videotape but does not include mere words.'.
TITLE IV--OFFENSES INVOLVING CHILDREN
SEC. 401. SPECIAL RULE FOR CERTAIN OFFENSES INVOLVING CHILDREN.
 Section 1201 of title 18, United States Code, is amended by adding at the
 end the following new subsection:
 `(g) Special Rule for Certain Offenses Involving Children-
 `(1) TO WHOM APPLICABLE- If--
 `(A) the victim of an offense under this section has not attained the age
 of eighteen years; and
 `(B) the offender--
 `(i) has attained such age; and
 `(ii) is not--
 `(I) a parent;
 `(II) a grandparent;
 `(III) a brother;
 `(IV) a sister;
 `(V) an aunt;
 `(VI) an uncle; or
 `(VII) an individual having legal custody of the victim;
the sentence under this section for such offense shall be subject to paragraph
(2) of this subsection.
 `(2) GUIDELINES- The United States Sentencing Commission is directed to
 amend the existing guidelines for the offense of `kidnapping, abduction,
 or unlawful restraint,' by including the following additional specific
 offense characteristics: If the victim was intentionally maltreated
 (i.e., denied either food or medical care) to a life-threatening degree,
 increase by 4 levels; if the victim was sexually exploited (i.e., abused,
 used involuntarily for pornographic purposes) increase by 3 levels; if the
 victim was placed in the care or custody of another person who does not
 have a legal right to such care or custody of the child either in exchange
 for money or other consideration, increase by 3 levels; if the defendant
 allowed the child to be subjected to any of the conduct specified in this
 section by another person, then increase by 2 levels.'.
TITLE V--PROTECTION OF CRIME VICTIMS
SEC. 501. SHORT TITLE.
 This title may be cited as the `Victims' Rights and Restitution Act of 1990'.
SEC. 502. VICTIMS' RIGHTS.
 (a) BEST EFFORTS TO ACCORD RIGHTS- Officers and employees of the Department
 of Justice and other departments and agencies of the United States engaged
 in the detection, investigation, or prosecution of crime shall make their
 best efforts to see that victims of crime are accorded the rights described
 in subsection (b).
 (b) RIGHTS OF CRIME VICTIMS- A crime victim has the following rights:
 (1) The right to be treated with fairness and with respect for the victim's
 dignity and privacy.
 (2) The right to be reasonably protected from the accused offender.
 (3) The right to be notified of court proceedings.
 (4) The right to be present at all public court proceedings related to the
 offense, unless the court determines that testimony by the victim would be
 materially affected if the victim heard other testimony at trial.
 (5) The right to confer with attorney for the Government in the case.
 (6) The right to restitution.
 (7) The right to information about the conviction, sentencing, imprisonment,
 and release of the offender.
 (c) NO CAUSE OF ACTION OR DEFENSE- This section does not create a cause
 of action or defense in favor of any person arising out of the failure to
 accord to a victim the rights enumerated in subsection (b).
SEC. 503. SERVICES TO VICTIMS.
 (a) DESIGNATION OF RESPONSIBLE OFFICIALS- The head of each department and
 agency of the United States engaged in the detection, investigation, or
 prosecution of crime shall designate by names and office titles the  persons
 who will be responsible for identifying the victims of crime and performing
 the services described in subsection (c) at each stage of a criminal case.
 (b) IDENTIFICATION OF VICTIMS- At the earliest opportunity after the detection
 of a crime at which it may be done without interfering with an investigation,
 a responsible official shall--
 (1) identify the victim or victims of a crime;
 (2) inform the victims of their right to receive, on request, the services
 described in subsection (c); and
 (3) inform each victim of the name, title, and business address and
 telephone number of the responsible official to whom the victim should
 address a request for each of the services described in subsection (c).
 (c) DESCRIPTION OF SERVICES- (1) A responsible official shall--
 (A) inform a victim of the place where the victim may receive emergency
 medical and social services;
 (B) inform a victim of any restitution or other relief to which the victim
 may be entitled under this or any other law and manner in which such relief
 may be obtained;
 (C) inform a victim of public and private programs that are available to
 provide counseling, treatment, and other support to the victim; and
 (D) assist a victim in contacting the persons who are responsible for
 providing the services and relief described in subparagraphs (A), (B), and
 (C).
 (2) A responsible official shall arrange for a victim to receive reasonable
 protection from a suspected offender and persons acting in concert with or
 at the behest of the suspected offender.
 (3) During the investigation and prosecution of a crime, a responsible
 official shall provide a victim the earliest possible notice of--
 (A) the status of the investigation of the crime, to the extent it is
 appropriate to inform the victim and to the extent that it will not interfere
 with the investigation;
 (B) the arrest of a suspected offender;
 (C) the filing of charges against a suspected offender;
 (D) the scheduling of each court proceeding that the witness is either
 required to attend or, under section 1102(b)(4), is entitled to attend;
 (E) the release or detention status of an offender or suspected offender;
 (F) the acceptance of a plea of guilty or nolo contendere or the rendering
 of a verdict after trial; and
 (G) the sentence imposed on an offender, including the date on which the
 offender will be eligible for parole.
 (4) During court proceedings, a responsible official shall ensure that a
 victim is provided a waiting area removed from and out of the sight and
 hearing of the defendant and defense witnesses.
 (5) After trial, a responsible official shall provide a victim the earliest
 possible notice of--
 (A) the scheduling of a parole hearing for the offender;
 (B) the escape, work release, furlough, or any other form of release from
 custody of the offender; and
 (C) the death of the offender, if the offender dies while in custody.
 (6) At all times, a responsible official shall ensure that any property of
 a victim that is being held for evidentiary purposes be maintained in good
 condition and returned to the victim as soon as it is no longer needed for
 evidentiary purposes.
 (7) The Attorney General or the head of another department or agency that
 conducts an investigation of a sexual assault shall pay, either directly or
 by reimbursement of payment by the victim, the cost of a physical examination
 of the victim which an investigating officer determines was necessary or
 useful for evidentiary purposes.
 (8) A responsible official shall provide the victim with general information
 regarding the corrections process, including information about work release,
 furlough, probation, and eligibility for each.
 (d) NO CAUSE OF ACTION OR DEFENSE- This section does not create a cause
 of action or defense in favor of any person arising out of the failure of
 a responsible person to provide information as required by subsection (b)
 or (c).
 (e) DEFINITIONS- For the purposes of this section--
 (1) the term `responsible official' means a person designated pursuant to
 subsection (a) to perform the functions of a responsible official under
 that section; and
 (2) the term `victim' means a person that has suffered direct physical,
 emotional, or pecuniary harm as a result of the commission of a crime,
 including--
 (A) in the case of a victim that is an institutional entity, an authorized
 representative of the entity; and
 (B) in the case of a victim who is under 18 years of age, incompetent,
 incapacitated, or deceased, one of the following (in order of preference):
 (i) a spouse;
 (ii) a legal guardian;
 (iii) a parent;
 (iv) a child;
 (v) a sibling;
 (vi) another family member; or
 (vii) another person designated by the court.
SEC. 504. VICTIMS OF CRIME.
 Section 1402(c)(1)(B)(i) of the Victims of Crime Act of 1984 is amended by
 striking `1991' and inserting `1990'.
SEC. 505. EXTENSION OF DEADLINE FOR CERTAIN PROVISIONS IN VICTIMS OF CRIME ACT.
 Section 7129 of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 10601 note)
 is amended by striking `1990' and inserting `1991'.
SEC. 506. SENSE OF CONGRESS WITH RESPECT TO VICTIMS OF CRIME.
 It is the sense of Congress that the States should make every effort to
 adopt the following goals of the Victims of Crime Bill of Rights:
 (1) Victims of crime should be treated with compassion, respect and dignity
 throughout the criminal justice process.
 (2) Victims of crime should be reasonably protected from the accused
 throughout the criminal justice process.
 (3) Victims of crime should have a statutorily designated advisory role
 in decisions involving prosecutorial discretion, such as the decision
 to plea-bargain.
 (4) Victims of crime should have the right to a reasonable assurance that
 the accused will be tried in an expeditious manner.
 (5) A victim of crime should have the right to be present at all proceedings
 related to the offense against him, unless the victim is to testify and the
 court determines that the victim's testimony would be materially prejudiced
 by hearing other testimony at the trial.
 (6) Victims of crime should have the right to information about the
 conviction, sentencing and imprisonment of the person who committed the
 crime against them.
 (7) Victims of crime should be compensated for the damage resulting from
 the crime to the fullest extent possible by the person convicted of the crime.
 (8) Victims of crime should have a statutorily designated advisory role
 in deciding the early release status of the person convicted of the crime
 against them.
 (9) A victim of crime should never be forced to endure again the emotional
 and physical consequences of the original crime.
TITLE VI--LAW ENFORCEMENT AGENCIES
Subtitle A--Maintaining Funding for State and Local Law Enforcement Agencies
SEC. 601. MAINTAINING FUNDING FOR STATE AND LOCAL LAW ENFORCEMENT AGENCIES.
 (a) Section 504(a)(1) of part E of title I of the Omnibus Crime Control
 and Safe Streets Act of 1968, as amended by section 211 of the Department
 of Justice Appropriations Act, 1990 (Public Law 101-162), is amended by
 striking `1990' and inserting in lieu thereof `1991'.
 (b) IMPROVING THE EFFECTIVENESS OF COURT PROCESS- Paragraph (10) of section
 501 of part D of title I of the Omnibus Crime Control and Safe Streets Act
 of 1968 is amended to read as follows:
 `(10) improving the operational effectiveness of the court process, by
 expanding prosecutorial, defender and judicial resources, and implementing
 court delay reduction programs;'.
Subtitle B--National Crime Information Center Project 2000
SEC. 611. SHORT TITLE.
 This section may be cited as the `National Law Enforcement Cooperation Act
 of 1990'.
SEC. 612. FINDINGS.
 The Congress finds that--
 (1) cooperation among Federal, State and local law enforcement agencies
 is critical to an effective national response to the problems of violent
 crime and drug trafficking in the United States;
 (2) the National Crime Information Center, which links more than 16,000
 Federal, State and local law enforcement agencies, is the single most
 important avenue of cooperation among law enforcement agencies;
 (3) major improvements to the National Crime Information Center are needed
 because the current system is more than twenty years old; carries much greater
 volumes of enforcement information; and at this time is unable to incorporate
 technological advances that would significantly improve its performance; and
 (4) the Federal Bureau of Investigation, working with State and local law
 enforcement agencies and private organizations, has developed a promising
 plan, `NCIC 2000', to make the necessary upgrades to the National Crime
 Information Center that should meet the needs of United States law enforcement
 agencies into the next century.
SEC. 613. AUTHORIZATION OF APPROPRIATIONS.
 There are authorized to be appropriated the following sums to implement the
 `NCIC 2000' project:
 (1) $17,000,000 for fiscal year 1991;
 (2) $25,000,000 for fiscal year 1992;
 (3) $22,000,000 for fiscal year 1993;
 (4) $9,000,000 for fiscal year 1994; and
 (5) such sums as may be necessary for fiscal year 1995.
SEC. 614. REPORT.
 By February 1 of each fiscal year for which funds for NCIC 2000 are requested,
 the Director of the Federal Bureau of Investigation shall submit a report to
 the Committees on the Judiciary of the Senate and House of Representatives
 that details the progress that has been made in implementing NCIC 2000 and
 a complete justification for the funds requested in the following fiscal
 year for NCIC 2000.
TITLE VII--FEDERAL LAW ENFORCEMENT AND JUDICIAL ASSISTANCE
SEC. 701. ADDITIONAL AUTHORIZATIONS.
 There are authorized to be appropriated for the fiscal year ending September
 30, 1991, the following sums (which shall be in addition to any other
 appropriations):
 (1) For the Federal Bureau of Investigation, $98,000,000 for the hiring of
 additional agents and support personnel to be dedicated to the investigation
 of drug trafficking organizations;
 (2) For the Drug Enforcement Administration, $100,500,000 which shall
 include--
 (A) not to exceed $10,000,000 for enforcing provisions of Federal law
 regarding precursor and essential chemicals;
 (B) not to exceed $37,500,000 for assigning not fewer than 250 agents
 and necessary support personnel to rural areas where State and local law
 enforcement agencies have identified the distribution of `crack' cocaine
 and/or the manufacture and distribution of methamphetamine to be a serious
 law enforcement problem that exceeds the resources of local law enforcement,
 and involves trafficking across State or national boundaries; and
 (C) not to exceed $15,000,000 to expand DEA State and local task forces,
 including payment of State and local overtime equipment and personnel costs;
 (3) For the United States courts, $9,000,000 for additional probation
 officers, judges, magistrates and other personnel including not to exceed
 $2,000,000 for training, document production, and other expenses related
 to the implementation of the Federal sentencing guidelines;
 (4) For the United States attorneys, $24,000,000 for additional prosecutors
 and staff to implement a program of prosecuting in Federal court drug
 offenses arising out of arrests and investigations conducted by State and
 local law enforcement agencies;
 (5) For defender services, $8,000,000 for the defense of persons prosecuted
 in Federal court for drug offenses arising out of arrests and investigations
 conducted by State and local law enforcement agencies;
 (6) For the United States marshals, $9,000,000; and
 (7) For the Immigration and Naturalization Service United States Border
 Patrol, $45,000,000 to be allocated as follows:
 (A) $15,000,000 for the hiring, training, and equipping of no fewer than
 500 full-time equivalent Border Patrol officer positions;
 (B) $25,000,000 for INS criminal investigations and the expeditious
 deportation of criminal aliens from detention; and
 (C) $5,000,000 for the procurement of low-level light television systems,
 portable and permanent sensor systems, and 4-wheel drive law enforcement
 vehicles for the United States Border Patrol.
TITLE VIII--RURAL DRUG ENFORCEMENT
SEC. 801. RURAL DRUG ENFORCEMENT ASSISTANCE.
 (a) IN GENERAL- Title I of the Omnibus Crime Control and Safe Streets Act
 of 1968 (42 U.S.C. 3711 et seq.) as amended by section 241 of this Act,
 is amended--
 (1) by redesignating part O as part P;
 (2) by redesignating section 1501 as section 1601; and
 (3) by inserting after part N the following:
`Part O--Rural Drug Enforcement Assistance
`RURAL DRUG ENFORCEMENT ASSISTANCE
 `SEC. 1501. (a) Of the total amount appropriated for this section in any
 fiscal year:
 `(1) 50 percent shall be allocated to and shared equally among rural States
 as described in subsection (b); and
 `(2) 50 percent shall be allocated to the remaining States for use in
 nonmetropolitan areas within those States, as follows:
 `(A) $100,000 to each nonrural State; and
 `(B) of the total funds remaining after the allocation in subparagraph (A),
 there shall be allocated to each State an amount which bears the same ratio
 to the amount of remaining funds described as the population of such State
 bears to the population of all States.
 `(b) For the purpose of this section, the term `rural State' means a State
 that has a population density of fifty-two or fewer persons per square mile
 or a State in which the largest county has fewer than one hundred and fifty
 thousand people.
`OTHER REQUIREMENTS
 `SEC. 1502. Subparts 1 and 3 of part E of this title shall apply with respect
 to funds appropriated to carry out this part, in the same manner as such
 subparts apply to funds appropriated to carry out part E, except that--
 `(1) section 506(a) of this title shall not apply with respect to this
 part; and
 `(2) in addition to satisfying the requirements of section 503(a), each
 application for a grant under this part shall include in its application
 a statement specifying how such grant will be coordinated with a grant
 received under section 506 of this title for the same fiscal year.'.
 (b) AUTHORIZATION OF APPROPRIATIONS- Section 1001(a) of title I of the
 Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a))
 is amended by adding at the end the following:
 `(7) There are authorized to be appropriated $20,000,000 for fiscal year
 1991, and such sums as may be necessary for fiscal years 1992 and 1993,
 to carry out part O.'.
 (c) TECHNICAL AMENDMENTS- (1) Section 801(b) of title I of the Omnibus
 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3782(b)) is amended
 by striking `and N' and inserting `N, and O'.
 (2) Section 802(b) of title I of the Omnibus Crime Control and Safe Streets
 Act of 1968 (42 U.S.C. 3783(b)) as amended by section 241 of this Act,
 is amended by striking `or N' and inserting `, N, or O'.
 (3) The table of contents of title I of the Omnibus Crime Control and Safe
 Streets Act of 1968 (42 U.S.C. 3711 et seq.) as amended by section 241 of
 this Act, is amended by striking the matter relating to part O and inserting
 the following:
`Part O--Rural Drug Enforcement Assistance
`Sec. 1401. Rural drug enforcement assistance.
`Sec. 1402. Other Requirements.
`Part P--Transition; Effective Date; Repealer
`Sec. 1501. Continuation of rules, authorities, and proceedings.'.
TITLE IX--MANDATORY DETENTION
SEC. 901. SHORT TITLE.
 This title may be cited as the `Mandatory Detention for Offenders Convicted
 of Serious Crimes Act'.
SEC. 902. MANDATORY DETENTION.
 (a) PENDING SENTENCE- Subsection (a) of section 3143 of title 18, United
 States Code, is amended by--
 (1) striking `The judicial officer' and inserting:
 `(1) Except as provided in paragraph (2), the judicial officer'; and
 (2) inserting at the end thereof the following:
 `(2) The judicial officer shall order that a person who has been found
 guilty of an offense in a case described in subparagraph (A), (B), or (C)
 of subsection (f)(1) of section 3142 and is awaiting imposition or execution
 of sentence be detained unless--
 `(A)(i) the judicial officer finds there is a substantial likelihood that
 a motion for acquittal or new trial will be granted; or
 `(ii) an attorney for the Government has recommended that no sentence of
 imprisonment be imposed on the person; and
 `(B) the judicial officer finds by clear and convincing evidence that the
 person is not likely to flee or pose a danger to any other person or the
 community.'.
 (b) PENDING APPEAL- Subsection (b) of section 3143 of title 18, United
 States Code, is amended by--
 (1) striking `The judicial officer' and inserting:
 `(1) Except as provided in paragraph (2), the judicial officer';
 (2) redesignating subparagraphs (A), (B), (C), and (D) of paragraph (2)
 as clauses (i), (ii), (iii), and (iv), respectively;
 (3) redesignating paragraphs (1) and (2) as subparagraphs (A) and (B); and
 (4) adding at the end thereof the following:
 `(2) The judicial officer shall order that a person who has been found
 guilty of an offense in a case described in subparagraph (A), (B), or (C) of
 subsection (f)(1) of section 3142 and sentenced to a term of imprisonment, and
 who has filed an appeal or a petition for a writ of certiorari, be detained.'.
 (c) EXCEPTIONAL CASES- Subsection (c) of section 3145 of title 18, United
 States Code, is amended by adding at the end the following: `A person subject
 to detention pursuant to section 3143(a)(2) or (b)(2), and who meets the
 conditions of release set forth in section 3143(a)(1) or (b)(1), may be
 ordered released, under appropriate conditions, by the judicial officer,
 if it is clearly shown that there are exceptional reasons why such person's
 detention would not be appropriate.'.
TITLE X--JUVENILE JUSTICE
SEC. 1001. TECHNICAL AMENDMENTS.
 (a) CORRECTION OF MISSPELLED WORD- Subsection (a) of section 3143 of title 18,
 United States Code, is amended by striking `waiting' and inserting `awaiting'.
 (b) CORRECTION OF REFERENCE TO REPEALED PROVISION- Subsections (e) and (f)
 of section 3142 of title 18, United States Code, are each amended by striking
 `section 1 of the Act of September 15, 1980 (21 U.S.C. 955a)' and inserting
 `the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.)'.
SEC. 1002. REDESIGNATION OF CONFUSING SECTIONS IN THE CONTROLLED SUBSTANCES
ACT PERTAINING TO CHILDREN.
 (a) SECTION 405--NEW SECTION 418- (1) Section 405 of the Controlled Substances
 Act is redesignated as section 418.
 (2) Section 418 of such Act (as redesignated by paragraph (1)) is amended--
 (A) in subsection (a), by striking `section 405A' and inserting `section
 419'; and
 (B) in subsection (b) by striking `section 405A' and inserting `section 419'.
 (b) SECTION 405A--NEW SECTION 419- Section 405A of the Controlled Substances
 Act is redesignated as section 419.
 (c) SECTION 405B--NEW SECTION 420- Section 405B of the Controlled Substances
 Act is redesignated as section 420.
 (d) TRANSFER OF SECTION 5301 OF THE ANTI-DRUG ABUSE ACT OF 1988--NEW SECTION
 421- (1) Section 5301 of the Anti-Drug Abuse Act of 1988 is--
 (A) transferred to the Controlled Substances Act; and
 (B) redesignated as section 421 of the Controlled Substances Act.
 (2) Section 421(a)(1) of the Controlled Substances Act, as amended by
 paragraph (1) of this subsection, is amended by striking `(as  such terms
 are defined for purposes of the Controlled Substances Act)'.
 (e) CONFORMING AMENDMENTS TO OTHER SECTIONS- (1) Section 401(b) of the
 Controlled Substances Act is amended by striking `section 405, 405A, or 405B'
 and inserting `section 418, 419, or 420'.
 (2) Section 401(c) of the Controlled Substances Act is amended by striking
 `section 405, 405A, or 405B' and inserting `section 418, 419, or 420'.
 (f) AMENDMENT TO TABLE OF CONTENTS- The table of contents of the Comprehensive
 Drug Abuse Prevention and Control Act of 1970 is amended in part D of title
 II by striking the items for sections 405, 405A and 405B and inserting at
 the end thereof the following:
`418. Distribution to persons under age twenty-one.
`419. Distribution or manufacturing in or near schools and colleges.
`420. Employment of persons under 18 years of age.
`421. Denial of Federal benefits to drug traffickers and possessors.'.
 (g) TRANSFER OF SECTION 6486 OF THE ANTI-DRUG ABUSE ACT OF 1988--NEW SECTION
 405- (1) Section 6486 of the Anti-Drug Abuse Act of 1988 is--
 (A) transferred to the Controlled Substances Act; and
 (B) redesignated as section 405 of the Controlled Substances Act.
 (2) Section 405 of the Controlled Substances Act, as amended by paragraph
 (1) of this subsection, is amended--
 (A)  in subsection (a), by--
 (i) striking `of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A))'; and
 (ii) striking `of that Act (21 U.S.C. 841(b)(1)(A))';
 (B) in subsection (c), by striking `as defined in section 102 of the
 Controlled Substances Act (21 U.S.C. 802)';
 (C) in subsection (j)(4), by striking `as defined in section 102 of the
 Controlled Substances Act (21 U.S.C. 802)'.
 (3) The table of contents of the Comprehensive Drug Abuse Prevention
 and Control Act of 1970 (as amended by subsection (c) of this section)
 is amended in part D of title II by inserting after the item for section
 404 the following:
`405. Civil penalty for possession of small amounts of certain controlled
substances.'.
 (h) Part E of the Controlled Substances Act-
 (1) SECTION 511A--NEW SECTION 518- Section 511A of the Controlled Substances
 Act is redesignated as section 518.
 (2) TRANSFER OF SECTION 1764 OF THE FOOD SECURITY ACT OF 1985- Section 1764
 of the Food Security Act of 1985 is--
 (A) transferred to the Controlled Substances Act; and
 (B) redesignated as section 519 of the Controlled Substances Act.
 (3) AMENDMENT TO TABLE OF CONTENTS- The table of contents of the Comprehensive
 Drug Abuse Prevention and Control Act of 1970 is amended in part E of title
 II by striking the items for section 511A and inserting at the end thereof
 the following:
`518. Expedited procedures for seized conveyances.
`519. Production control of controlled substances.'.
SEC. 1003. CLARIFICATION OF ENHANCED PENALTIES UNDER CONTROLLED SUBSTANCES ACT.
 (a) SECTION 418 (OLD SECTION 405)- Section 418 of the Controlled Substances
 Act (as redesignated by this Act) is amended--
 (1) in subsection (a), by striking `punishable by (1) a term of imprisonment,
 or a fine, or both, up to twice that authorized by section 401(b)' and
 inserting `subject to (1) twice the maximum punishment authorized by section
 401(b)'; and
 (2) in subsection (b), by striking `punishable by (1) a term of imprisonment,
 or a fine, or both, up to three times that authorized by section 401(b)'
 and inserting `subject to (1) three times the maximum punishment authorized
 by section 401(b)'.
 (b) SECTION 419 (OLD SECTION 405A)- Section 419 of the Controlled Substances
 Act (as redesignated by this Act) is amended--
 (1) in subsection (a), by striking `punishable (1) by a term of imprisonment,
 or a fine, or both, up to twice that authorized by section 401(b)' and
 inserting `subject to (1) twice the maximum punishment authorized by section
 401(b)'; and
 (2) in subsection (b)(1), by striking subparagraph (B) and inserting `(B)
 three times the maximum punishment authorized by section 401(b) for a
 first offense'.
 (c) SECTION 420 (OLD SECTION 405B)- Section 420 of the Controlled Substances
 Act (as redesignated by this Act) is amended--
 (1) in subsection (b), by striking `is punishable by a term of imprisonment
 up to twice that authorized, or up to twice the fine authorized, or both,'
 and inserting `is subject to twice the maximum punishment otherwise
 authorized'; and
 (2) in subsection (c), by striking `is punishable by a term of imprisonment
 up to three times that authorized, or up to three times the fine authorized,
 or both,' and inserting `is subject to three times the maximum punishment
 otherwise authorized'.
TITLE XI--SHORT-BARRELED SHOTGUNS
SEC. 1101. MINIMUM PENALTY RELATING TO SHORT-BARRELED SHOTGUNS AND OTHER
FIREARMS.
 Section 924(c)(1) of title 18, United States Code, is amended in the first
 sentence by--
 (1) inserting `and if the firearm is a short-barreled rifle, short-barreled
 shotgun  to imprisonment for ten years,' after `sentenced to imprisonment
 for five years,'; and
 (2) by inserting `or a destructive device,' after `a machinegun,', wherever
 the term `machine gun' appears in section 924(c)(1).
TITLE XII--MISCELLANEOUS CRIMINAL LAW IMPROVEMENTS
SEC. 1201. CLARIFICATION OF MANDATORY MINIMUM PENALTY FOR SERIOUS CRACK
POSSESSION.
 Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)) is amended
 in the third sentence by striking out `shall be fined under title 18, United
 States Code, or imprisoned not less than 5 years and not more than 20 years,
 or both,' and inserting in lieu thereof `shall be imprisoned not less than
 5 years and not more than 20 years, and fined a minimum of $1,000,'.
SEC. 1202. CORRECTION OF AN ERROR RELATING TO THE QUANTITY OF METHAMPHETAMINE
NECESSARY TO TRIGGER A MANDATORY MINIMUM PENALTY.
 Section 401(b)(1)(A)(viii) of the Controlled Substances Act (21
 U.S.C. 841(b)(1)(A)(viii)) is amended by striking out `or 100 grams or more
 of a mixture or substance containing a detectable amount of methamphetamine'
 and inserting in lieu thereof `or 1 kilogram or more of a mixture or
 substance containing a detectable amount of methamphetamine'.
SEC. 1203. CONFORMING AMENDMENT TO CONSPIRACY AND ATTEMPT PENALTY UNDER THE
MARITIME DRUG LAW ENFORCEMENT ACT.
 Section 3(j) of the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903(j))
 is amended by striking out `is punishable by imprisonment or fine, or both,
 which may not exceed the maximum punishment' and inserting in lieu thereof
 `shall be subject to the same penalties as those'.
SEC. 1204. CONFORMING AMENDMENTS TO CONTROLLED SUBSTANCES IMPORT AND EXPORT
ACT RELATING TO METHAMPHETAMINE.
 (a) LARGE AMOUNTS- Section 1010(b)(1) of the Controlled Substances Import
 and Export Act (21 U.S.C. 960(b)(1)) is amended by--
 (1) striking out `or' at the end of subparagraph (F);
 (2) inserting `or' at the end of subparagraph (G); and
 (3) adding a new subparagraph (H), as follows:
 `(H) 100 grams or more of methamphetamine, its salts, isomers, and salts
 of its isomers or 1 kilogram or more of a mixture or substance containing
 a detectable amount of methamphetamine, its salts, isomers, or salts of
 its isomers.'.
 (b) SMALL AMOUNTS- Section 1010(b)(2) of the Controlled Substances Import
 and Export Act (21 U.S.C. 960(b)(2)) is amended by--
 (1) striking out `or' at the end of subparagraph (F);
 (2) inserting `or' at the end of subparagraph (G); and
 (3) adding a new subparagraph (H), as follows:
 `(H) 10 grams or more of methamphetamine, its salts, isomers, and salts of its
 isomers or 100 grams or more of a mixture or substance containing a detectable
 amount of methamphetamine, its salts, isomers, or salts of its isomers.'.
SEC. 1205. APPLICATION OF VARIOUS OFFENSES TO POSSESSIONS AND TERRITORIES.
 (a) Section 232 of title 18, United States Code, is amended by adding a
 new paragraph, as follows:
 `(8) The term `State' includes a State of the United States, and any
 commonwealth, territory, or possession of the United States.'.
 (b) Section 245 of title 18, United States Code, is amended by adding a
 new subsection, as follows:
 `(d) For purposes of this section, the term `State' includes a State of the
 United States, the District of Columbia, and any commonwealth, territory,
 or possession of the United States.'.
 (c) Section 402 of title 18, United States Code, is amended by adding a
 new undesignated paragraph, as follows:
 `For purposes of this section, the term `State' includes a State of the
 United States, the District of Columbia, and any commonwealth, territory,
 or possession of the United States.'.
 (d) Section 666(d) of title 18, United States Code, is amended--
 (1) by striking out `and' at the end of paragraph (2);
 (2) by striking out the period at the end of paragraph (3) and inserting
 in lieu thereof `; and'; and
 (3) by adding a new paragraph, as follows:
 `(4) the term `State' includes a State of the United States, the District
 of Columbia, and any commonwealth, territory, or possession of the United
 States.'.
 (e) Sections 1028(d)(5) and 1030(e)(3) of title 18, United States Code, are
 each amended by inserting `commonwealth,' before `possession or territory
 of the United States'.
 (f) Section 1029(f) of title 18, United States Code, is amended by adding at
 the end the following: `For purposes of this subsection, the term `State'
 includes a State of the United States, the District of Columbia, and any
 commonwealth, territory, or possession of the United States.'.
 (g) Section 1084(e) of title 18, United States Code, is amended by inserting
 `commonwealth,' before `territory or possession of the United States'.
 (h) Section 1114 of title 18, United States Code, is amended by inserting `or
 any other commonwealth, territory, or possession' after `the Virgin Islands'.
 (i) Section 1952(b) of title 18, United States Code, is amended--
 (1) by inserting `(i)' after `As used in this section'; and
 (2) by inserting `and (ii) the term `State' includes a State of the United
 States, the District of Columbia, and any commonwealth, territory, or
 possession of the United States' before the period.
 (j) Section 1956(c) of title 18, United States Code, is amended by adding
 at the end the following new paragraph:
 `(8) the term `State' includes a State of the United States, the District
 of Columbia, and any commonwealth, territory, or possession of the United
 States.'.
 (k) Section 1958(b) of title 18, United States Code, is amended--
 (1) by striking out `and' at the end of paragraph (1);
 (2) by striking out the period at the end of paragraph (2) and inserting
 in lieu thereof `; and'; and
 (3) by adding a new paragraph (3), as follows:
 `(3) `State' includes a State of the United States, the District of Columbia,
 and any commonwealth, territory, or possession of the United States.'.
 (l) Section 2313 of title 18, United States Code, is amended--
 (1) by inserting `(a)' before `Whoever'; and
 (2) by adding a new subsection, as follows:
 `(b) For purposes of this section, the term `State' includes a State of the
 United States, the District of Columbia, and any commonwealth, territory,
 or possession of the United States.'.
 (m) Section 2315 of title 18, United States Code, is amended by adding at
 the end the following undesignated paragraph:
 `For purposes of this section, the term `State' includes a State of the
 United States, the District of Columbia, and any commonwealth, territory,
 or possession of the United States.'.
 (n) Section 5032 of title 18, United States Code, is amended--
 (1) in the second undesignated paragraph, by adding at the end the following:
 `For purposes of this section, the term `State' includes a State of the
 United States, the District of Columbia, and any commonwealth, territory,
 or possession of the United States.'; and
 (2) in the third undesignated paragraph, by striking out `to the authorities
 of a State or the District of Columbia' and inserting in lieu thereof
 `to the authorities of a State'.
SEC. 1206. REPEAL OF ANTIQUATED OFFENSE AND DELETION OF TABLE REFERENCES TO
REPEALED OFFENSES.
 (a) Section 45 of title 18, United States Code, is repealed.
 (b) The table of sections for chapter 3 of title 18, United States Code,
 is amended by striking out the items relating to sections 43, 44, and 45.
SEC. 1207. REPEAL OF OTHER OUTMODED OFFENSES AND RELATED PROVISIONS.
 (a) Section 969 of title 18, United States Code, is repealed and the table
 of sections for chapter 45 of title 18, United States Code, is amended by
 striking out the items relating to sections 968 and 969.
 (b) Sections 2198 and 3286 of title 18, United States Code, are repealed
 and the respective tables of sections in chapter 107 and 213 are amended
 by striking out the items relating to sections 2198 and 3286.
SEC. 1208. CONFORMING JURISDICTIONAL AMENDMENT FOR SECTION 2314 TO COVER
FRAUDULENT SCHEMES INVOLVING FOREIGN AS WELL AS INTERSTATE TRAVEL.
 The second paragraph of section 2314 of title 18, United States Code,
 is amended by inserting `or foreign' after `interstate'.
SEC. 1209. CLARIFICATION OF ONE-YEAR PERIOD.
 Section 666(d) of title 18, United States Code, is amended--
 (1) by striking out `and' at the end of paragraph (2);
 (2) by striking out the period at the end of paragraph (3) and inserting
 in lieu thereof `; and'; and
 (3) by adding a new paragraph, as follows:
 `(4) the term `in any one-year period' means a continuous period that
 commences no earlier than twelve months before the commission of the
 offense or that ends no later than twelve months after the commission of the
 offense. Such period may include time both before and after the commission
 of the offense.'.
SEC. 1210. REPEAL OF PROVISIONS JUDICIALLY DETERMINED TO BE INVALID.
 (a) Section 1730 of title 18, United States Code, is amended by striking out
 `, if the portrayal does not tend to discredit that service'.
 (b) Section 1714 of title 18, United States Code, is repealed and the item
 for such section in the table of sections at the beginning of chapter 83
 of title 18 is repealed.
 (c) Section 1718 of title 18, United States Code, is repealed and the item
 for such section in the table of sections at the beginning of chapter 83
 of title 18 is likewise repealed.
SEC. 1211. DELETION OF REQUIREMENT OF PERSONAL APPROVAL OF ATTORNEY GENERAL
FOR PROSECUTIONS UNDER THE ATOMIC ENERGY ACT.
 Section 221(c) of the Atomic Energy Act of 1954 (42 U.S.C. 2271(c)) is amended
 by striking out `That no action shall be brought under section 222, 223,
 224, 225, or 226 except by the express direction of the Attorney General:
 And provided further,'.
SEC. 1212. TECHNICAL CORRECTION TO PROVISION FOR COMPUTING MARSHAL'S
COMMISSION.
 Section 1921(c)(1) of title 28, United States Code, is amended in the second
 sentence by striking out `If the property is to be disposed of by marshal's
 sale' and inserting in lieu thereof `if the property is not disposed of by
 marshal's sale'.
SEC. 1213. CORRECTION OF MISPLACED PHRASE IN 18 U.S.C. 3289.
 Section 3289 of title 18, United States Code, is amended by striking out
 `or, in the event of an appeal, within 60 days of the date the dismissal
 of the indictment or information becomes final,' and inserting that same
 stricken language after `within six months of the expiration of the statute
 of limitations,'.
SEC. 1214. MANDATORY MINIMUM SENTENCES FOR DRUG OFFENSES INVOLVING MINORS.
 DISTRIBUTION OR MANUFACTURING IN OR NEAR SCHOOLS AND COLLEGES- (1) Section
 405A(a) of the Controlled Substances Act (21 U.S.C. 845a(a)) as redesignated
 by this Act, is amended--
 (A) in paragraph (1) of the first sentence by striking `, or a fine,
 or both,';
 (B) by adding after the first sentence the following: `A fine up to twice
 that authorized by section 401(b) may be imposed in addition to any term
 of imprisonment authorized by this subsection.'; and
 (C) in the second sentence by striking beginning with `a term of' through
 the end of the sentence and inserting `a person shall be sentenced under
 this subsection to a term of imprisonment of not less than one year.'.
 (2) Section 405A(b) of the Controlled Substances Act (21 U.S.C. 845a(b))
 as redesignated by this Act, is amended--
 (A) in paragraph (1)(B) by striking `, or a fine up to three times that'
 through `or both'; and
 (B) by inserting after the first sentence the following: `A fine up to
 three times that authorized by section 401(b) may be imposed in addition
 to any term of imprisonment authorized by this subsection. Except to the
 extent a greater minimum sentence is otherwise provided by section 401(b),
 a person shall be sentenced under this subsection to a term of imprisonment
 of not less than three years'.
 (3) Section 419(c) of the Controlled Substances Act (21 U.S.C. 845a(c))
 as redesignated by this Act, is amended--
 (A) in the first sentence by inserting `mandatory minimum' after `any';
 (B) in the first sentence by striking `subsection (b) of'; and
 (C) by striking the second sentence and inserting `An individual convicted
 under this section shall not be eligible for parole until the individual
 has served the mandatory minimum term of imprisonment as provided by this
 section.'.
TITLE XIII--PUBLIC SAFETY OFFICERS' DISABILITY BENEFITS
SEC. 1301. PUBLIC SAFETY OFFICERS' DISABILITY BENEFITS.
 (a) PAYMENT- Section 1201 of title I of the Omnibus Crime Control and Safe
 Streets Act of 1968 (42 U.S.C. 3796) is amended--
 (1) in subsections (c) and (d) by striking `(b)' each place it appears and
 inserting `(c)',
 (2) by redesignating subsections (b), (c), (d), (e), (f), (g), and (h)
 as subsections (c), (d), (e), (f), (g), (h), and (i), respectively,
 (3) by inserting after subsection (a) the following:
 `(b) In accordance with regulations issued pursuant to this part, in any
 case in which the Bureau determines that a public safety officer has become
 permanently and totally disabled as the direct result of a catastrophic
 personal injury sustained in the line of duty, the Bureau shall pay, to
 the extent that appropriations are provided, a benefit of up to $100,000,
 adjusted in accordance with subsection (g), to such officer: Provided,
 That the total annual benefits paid under this section may not exceed
 $5,000,000. For the purposes of making these benefit payments, there are
 authorized to be appropriated for each fiscal year such sums as may be
 necessary: Provided further, That these benefit payments are subject to the
 availability of appropriations and that each beneficiary's payment shall
 be reduced by a proportionate share to the extent that sufficient funds
 are not appropriated.', and
 (4) by adding at the end thereof the following:
 `(j)(1) No benefit is payable under this part with respect to the death of
 a public safety officer if a benefit is paid under this part with respect
 to the disability of such officer.
 `(2) No benefit is payable under this part with respect to the disability
 of a public safety officer if a benefit is payable under this part with
 respect to the death of such public safety officer.'.
 (b) LIMITATIONS- Paragraphs (1), (2), (3), and (4) of section 1202 of the
 Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796a) are
 each amended by inserting `or catastrophic injury' after `death'.
 (c) DEFINITION- Section 1204 of the Omnibus Crime Control and Safe Streets
 Act of 1968 (42 U.S.C. 3796c) is amended--
 (1) by redesignating paragraphs (1) through (6) as paragraphs (2) through
 (7), respectively, and
 (2) by inserting before paragraph (2), as so redesignated, the following:
 `(1) `catastrophic injury' means consequences of an injury that permanently
 prevent an individual from performing any gainful work;'.
SEC. 1302. RESCUE SQUAD AND AMBULANCE PERSONNEL.
 Section 1204 of title I of the Omnibus Crime Control and Safe Streets Act
 of 1968 (42 U.S.C. 3796b) is amended in paragraph (2) (relating to the
 definition of firefighter) by--
 (1) adding `.' after `ambulance crew'; and
 (2) striking `who was responding to a fire, rescue or police emergency.'.
SEC. 1303. EFFECTIVE DATE.
 EFFECTIVE DATE- The amendments made by this title shall take effect upon
 enactment and shall not apply with respect to injuries occurring before
 the effective date of such amendments.
TITLE XIV--MONEY LAUNDERING
SEC. 1401. CRIMINAL FORFEITURE IN CASES INVOLVING CMIR VIOLATIONS.
 Section 982(a) of title 18, United States Code, is amended by inserting `,
 5316' after `5313(a)'.
SEC. 1402. DEFINITION OF `FINANCIAL TRANSACTION'.
 Section 1956(c)(4) of title 18, United States Code, is amended by--
 (1) inserting `(A)' before `a transaction' the first place it appears and
 inserting `(B)' before `a transaction' the second place it appears; and
 (2) inserting `(i)' before `involving' the first place it appears and
 inserting `(ii)' before `involving' the second place it appears.
SEC. 1403. MONEY LAUNDERING FORFEITURES.
 Section 982(b)(2) of title 18, United States Code, is amended by inserting
 the following before the period: `unless the defendant, in committing the
 offense or offenses giving rise to the forfeiture, conducted three or more
 separate transactions involving a total of $100,000 or more in any twelve
 month period'.
SEC. 1404. ENVIRONMENTAL CRIMES AS MONEY LAUNDERING PREDICATES.
 (a) Section 1956(c)(7) of title 18, United States Code, is amended by--
 (1) striking `or' before `(D)'; and
 (2) inserting `; or' and the following before the period:
`ENVIRONMENTAL CRIMES
 `(E) a felony violation of the Federal Water Pollution Control Act (33
 U.S.C. 1251 et seq.), the Ocean Dumping Act  (33 U.S.C. 1401 et  seq.), the
 Act to Prevent Pollution from Ships (33  U.S.C. 1901  et  seq.), the Safe
 Drinking Water Act (42 U.S.C. 300f et seq.), or the Resources Conservation
 and Recovery Act (42 U.S.C. 6901 et seq.)'.
 (b) Section 1956(e) of title 18, United States Code, is amended by adding
 at the end the following sentence: `Violations of this section involving
 offenses described in paragraph (c)(7)(E)  may be investigated by such
 components of the Department of Justice as the Attorney General may direct,
 and the National Enforcement Investigations Center of the Evironmental
 Protection Agency.
TITLE XV--DRUG-FREE SCHOOL ZONES
SEC. 1501. DEVELOPMENT OF MODEL PROGRAM OF STRATEGIES AND TACTICS.
 (a) IN GENERAL- The Attorney General shall develop a model program of
 strategies and tactics for establishing and maintaining drug-free school
 zones.
 (b) ASSISTANCE TO STATE AND LOCAL LAW ENFORCEMENT AGENCIES- The program
 required by subsection (a) shall be designed to provide State and local
 law enforcement agencies with materials, training, and other assistance to
 establish, enforce, and evaluate the effectiveness of drug-free school zone
 enforcement efforts.
 (c) PROGRAM CRITERIA- The program required by subsection (a) shall--
 (1) define the criminal justice community's role in creating and maintaining
 drug-free school zones;
 (2) develop a framework for law enforcement collaboration with the school
 system and community resource network;
 (3) identify a core law enforcement drug demand reduction program plan;
 (4) provide materials and technical assistance for demarcating and
 establishing drug-free school zones;
 (5) create a coordinated publicity plan with the school system and community
 resource network;
 (6) identify and develop model drug-free school zone law enforcement
 strategies and tactics;
 (7) develop a model coordinated strategy for prosecuting violations within
 the zones;
 (8) create a uniform framework for monitoring and evaluating the effectiveness
 of drug-free school zones to determine which strategies and tactics succeed
 under various conditions and constraints; and
 (9) provide support materials and exemplary program overviews.
 (d) PREFERRED APPROACHES- In establishing the program required by subsection
 (a), the Attorney General shall prefer approaches to drug-free school
 zone enforcement that unite the criminal justice community, the education
 community, and the network of community resources in meaningful collaboration
 to reduce the availability of and demand for drugs in a drug-free school zone.
 (e) REPORT- At the conclusion of the program required by subsection (a),
 the Attorney General shall submit a report to Congress describing the
 strategies and tactics that are found to be successful in establishing,
 enforcing, and maintaining drug-free school zones.
 (f) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
 to carry out this section $1,500,000 for fiscal year 1991.
SEC. 1502. AMENDMENT TO THE CONTROLLED SUBSTANCES ACT.
 Section 405A of the Controlled Substances Act (21 U.S.C. 845a) as redesignated
 by this Act, is amended--
 (1) in subsection (a) by--
 (A) striking `playground,'; and
 (B) inserting `or a playground,' after `university,'; and
 (2) in subsection (b) by--
 (A) striking `playground,'; and
 (B) inserting `or a playground,' after `university,'.
SEC. 1503. STRENGTHENING OF DRUG-FREE SCHOOL ZONES.
 (a) GENERAL AUTHORITY- Paragraph (8) of section 5122(a) of the Drug-Free
 Schools and Communities Act of 1986 (20 U.S.C. 3192(a)) is amended by
 striking the period and inserting the following: `, which shall include--
 `(A) the determination, with the assistance of municipal authorities
 and local law enforcement agencies, as appropriate, of the geographical
 boundaries of schools within the State and the posting of signs identifying
 school properties as drug-free school zones;
 `(B) drug-abuse education and prevention programs and enforcement policies
 designed to eliminate the illicit use of alcohol and drugs in such zones;
 `(C) assisting teachers, administrators, athletic directors, and other
 school personnel in cooperating fully with law enforcement officials to
 punish violations of laws relating to illegal drugs;
 `(D) informing the community--
 `(i) of the content and intent of laws relating to school safety and laws
 relating to illegal drugs as they affect schoolchildren; and
 `(ii) of the perimeters of the drug-free school zones;
 `(E) employing the services of the local or substate regional advisory
 council on drug abuse education and prevention established or designated
 by the local application submitted under section 5126(a) as a resource for
 advice and support with respect to implementation of such zones; and
 `(F) communication to students, teachers, athletic directors, and other
 school personnel by administrators that activities that are illicit and
 harmful to the health and well-being of the students will not be tolerated
 within schools and their surrounding environments.'.
 (b) CONFORMING AMENDMENT- Subsection (a) of section 5137 of the Drug-Free
 Schools and Communities Act of 1986 (20 U.S.C. 3217) is amended by inserting
 before the period at the end of the first sentence the following: `as
 described in section 5122(a)(8)'.
SEC. 1504. DRUG ABUSE RESISTANCE EDUCATION AND REPLICATION OF SUCCESSFUL
DRUG EDUCATION PROGRAMS.
 Section 5122 of the Drug-Free Schools and Communities Act of 1986 (20
 U.S.C. 3192) is amended--
 (1) in subsection (a), by striking `50 percent' and inserting `42.5 percent';
 (2) in paragraph (1) of subsection (b), by striking `50 percent' and inserting
 `42.5 percent'; and
 (3) by adding at the end the following:
 `(c) DRUG ABUSE RESISTANCE EDUCATION PROGRAMS- (1) Not less than 10 percent of
 the funds available for each fiscal year under section 5121(a) to the chief
 executive officer of a State shall be used for grants to local educational
 agencies in consortium with entities which have experience in assisting
 school districts to provide instruction to students grades kindergarten
 through 6 to recognize and resist pressures that influence such students to
 use controlled substances, as defined in Schedules I and II of section 202
 of the Controlled Substances Act the possession or distribution of which
 is unlawful under such Act, or beverage alcohol, such as Project Drug Abuse
 Resistance Education, that meet the requirements of paragraph (2).
 `(2) A local educational agency in consortium with an entity shall not be
 eligible for a grant under paragraph (1) unless such local educational agency
 in consortium with an entity will use assistance provided under such grant
 to provide or arrange for the provisions of services that shall include--
 `(A) drug abuse resistance education instruction for students grades
 kindergarten through 6 that is designed to teach students to recognize
 and resist pressures to experiment that influence such children to use
 controlled substances, as defined under paragraph (1), or beverage alcohol,
 including instruction in the following areas--
 `(i) drug use and misuse;
 `(ii) understanding the consequences of drug abuse;
 `(iii) resistance techniques;
 `(iv) assertive response styles;
 `(v) managing stress without taking drugs;
 `(vi) decisionmaking and risk taking;
 `(vii) media influences on drug use;
 `(viii) positive alternatives to drug abuse behavior;
 `(ix) interpersonal and communication skills;
 `(x) self-esteem building activities; and
 `(xi) resistance to peer pressure and gang pressure;
 `(B) provisions for parental involvement;
 `(C) classroom instruction by uniformed law enforcement officials;
 `(D) the use of positive student leaders to influence younger students not
 to use drugs;
 `(E) an emphasis on activity-oriented techniques designed to encourage
 student-generated responses to problem-solving situations; and
 `(F) the awarding of a certificate of achievement to each student who
 participates in a drug abuse resistance education program.
 `(3) Amounts received under paragraph (1) by any local educational agency
 or entity shall be used only to supplement, not to supplant, the amount
 of Federal, State, and local funds expended for the support of projects of
 the type described in paragraph (2).
 `(d) REPLICATION OF SUCCESSFUL DRUG EDUCATION PROGRAMS- Not less than 5
 percent of the funds available for each fiscal year under section 5121(a)
 to the chief executive officer of a State shall be used for grants to
 local educational agencies or consortia of local educational agencies and
 private nonprofit entities to provide drug abuse education, prevention,
 or counseling services to students in kindergarten through grade 12.
 `(e) ELIGIBILITY- A local educational agency or consortium described in
 subsection (a) shall not be eligible for a grant under this section unless
 such agency or consortium agrees--
 `(1) to use assistance provided under such grant to provide or arrange
 for the provision of programs offering drug abuse education, prevention,
 or counseling to students of compulsory school age, including--
 `(A) programs to provide drug abuse counseling in the schools by trained
 personnel;
 `(B) programs that stress the use of peers to combat student abuse of drugs
 and alcohol;
 `(C) programs that stress parental and community involvement in combating
 student abuse of drugs and alcohol; and
 `(D) other appropriate programs;
 `(2) that programs provided with assistance under the grant shall be designed
 to prevent or eliminate student abuse of drugs or alcohol;
 `(3) to use assistance provided under the grant to expand or replicate a
 program that has a demonstrated record of success at either the State or local
 level in preventing or eliminating student abuse of drugs or alcohol; and
 `(4) to ensure that the program to be expanded or replicated is appropriate
 for the students to be served, based on an assessment of their most
 important needs.
 `(f) APPLICATION- A local educational agency or consortium described in
 subsection (a) that desires to receive a grant under this section shall submit
 an application to the chief executive office of the State at such time, in
 such manner, and containing or accompanied by such information and assurances
 as such officer may reasonably require. Each such application shall contain--
 `(1) a discussion of why the particular program to be assisted under the
 grant is appropriate for and responds to the particular needs of the students
 to be served;
 `(2) a complete description of the success of the program to be assisted
 under the grant in reducing or eliminating drug or alcohol abuse among
 students of compulsory school age;
 `(3) an assurance that the consortium concerned will provide assistance,
 in cash or in kind, for the program assisted under the grant in an amount
 equal to not less than 10 percent of the amount provided under the grant; and
 `(4) an assurance that funds received under the grant shall be used to
 supplement, not supplant, the amount of other Federal, State, and local funds
 expended for support of programs of the type described in subsection (b).'.
SEC. 1505. SUPPORT OF SCHOOL-BASED RECREATIONAL ACTIVITIES.
 Section 5125(a) of the Drug-Free Schools and Communities Act of 1986 (20
 U.S.C. 3195(a)) is amended--
 (1) by redesignating paragraph (14) as paragraph (16);
 (2) by redesignating paragraph (13) the second place it appears as paragraph
 (14);
 (3) by striking `and' at the end of paragraph (14) (as redesignated by
 paragraph (2) of this section); and
 (4) by inserting after paragraph (14) the following:
 `(15) in the case of a local educational agency that determines that it
 provides sufficient drug and alcohol abuse education during regular school
 hours, after-school programs that provide drug and alcohol abuse education for
 school-aged children, including children who are unsupervised after school,
 and that may include school-sponsored sports, recreational, educational,
 or instructional activities (local educational agency may make grants or
 contracts with nonprofit community-based organizations that offer sports,
 recreation, education, or child care programs); and'.
SEC. 1506. SUPPORT OF SCHOOL-BASED DRUG ABUSE COUNSELING PROGRAMS.
 (a) GENERAL AUTHORITY- Part C of the Drug-Free Schools and Communities Act
 of 1986 (20 U.S.C. 3201) is amended to read as follows:
`PART C--TRAINING OF TEACHERS, COUNSELORS, AND SCHOOL PERSONNEL
`SEC. 5128. GRANTS FOR TRAINING OF TEACHERS.
 `(a) IN GENERAL- From amounts appropriated pursuant to the authorization
 contained in section 5111(a)(2), the Secretary shall make grants to State
 educational agencies, local educational agencies, and institutions of higher
 education for teachers training programs in accordance with this section.
 `(b) USE OF FUNDS- Amounts made available under grants under this section
 shall be used to establish, expand, or enhance programs and activities for
 the training of elementary and secondary school teachers and administrators,
 and other elementary and secondary school personnel concerning drug and
 alcohol abuse education and prevention.
`SEC. 5129. GRANTS FOR TRAINING OF COUNSELORS.
 `(a) In General-
 `(1) From amounts appropriated pursuant to the authorization contained
 in section 5111(a)(2), the Secretary shall give priority to making a
 substantial number of grants to qualified State educational agencies, local
 educational agencies, and institutions of higher education for programs to
 train counselors, social workers, psychologists, or nurses in accordance
 with this section.
 `(2) The Secretary may also make a grant under this part to any private
 nonprofit agency that has an agreement with a local educational agency to
 provide training in drug abuse counseling for individuals who will provide
 such counseling in the schools of such local educational agency.
 `(b) USE OF FUNDS- Amounts made available under grants under this section
 shall be used to establish, expand, or enhance programs and activities
 for the training of counselors, social workers, psychologists, or nurses
 who are providing or will provide drug abuse prevention, counseling, or
 referral services in elementary and secondary schools.
`SEC. 5130. APPLICATIONS.
 `(a) IN GENERAL- Any State or local educational agency, institution of higher
 education, or consortium of such agencies or institutions that desires to
 receive a grant under this part in any fiscal year submit an application to
 the Secretary at such time and in such manner as the Secretary may prescribe.
 `(b) CONTENTS- Each application submitted under this section shall--
 `(1) set forth the activities and programs to be carried out with funds
 paid under this part;
 `(2) contain an estimate of the cost for the establishment and operation
 to such activities and programs;
 `(3) provide assurances that the Federal funds made available under this
 section shall be used to supplement, and, to the extent practical, to
 increase the level of funds that would, in the absence of such Federal funds,
 be made available by the applicant for the purpose described in this part,
 and in no case to supplant such funds;
 `(4) provide assurances of compliance with this part;
 `(5) in the case of a grant under section 5129, contain a discussion of
 how the training to be assisted under the grant will assist the applicant to--
 `(A) increase the number of school personnel who are trained to provide
 drug abuse counseling services; and
 `(B) improve the quality of drug abuse counseling services offered by the
 applicant or the local educational agency concerned; and
 `(6) include such other information and assurances as the Secretary reasonably
 determines to be necessary.'.
 (b) AUTHORIZATION OF APPROPRIATIONS- Subparagraph (A) of section 5111(a)(2)
 of the Drug-Free Schools and Communities Act of 1986 (20 U.S.C. 3181(a)(2))
 is amended by striking `$35,000,000' and inserting `$50,000,000'.
SEC. 1507. ADDITIONAL REQUIREMENTS FOR LOCAL APPLICATIONS.
 Section 5126(a)(2) of the Drug-Free Schools and Communities Act of 1986
 (20 U.S.C. 3196(a)(2)) is amended--
 (1) by redesignating subparagraphs (N) and (O) as subparagraphs (P) and
 (Q), respectively; and
 (2) by inserting after subparagraph (M) the following:
 `(N) describe how, to the extent practicable, assistance provided under the
 grant will be used to provide drug abuse counseling services to children
 of all ages, including students in the elementary schools;
 `(O) describe how, to the extent practicable, activities assisted under the
 grant will be coordinated with local law enforcement agencies in order to
 improve security on school grounds and in the surrounding community and to
 educate students about--
 `(i) the dangers of drug use and drug-related violence;
 `(ii) the penalties for possession of or trafficking in illegal drugs;
 `(iii) techniques for resisting drug abuse; and
 `(iv) the importance of cooperating with law enforcement officials in
 eliminating drug abuse and identifying individuals who supply drugs to
 students;'.
SEC. 1508. IDENTIFICATION OF FEDERALLY ASSISTED PROGRAMS.
 Part G of the Drug-Free Schools and Communities Act of 1986 (20 U.S.C. 3231
 et seq.) is amended by adding at the end the following:
`SEC. 5193. IDENTIFICATION OF FEDERALLY ASSISTED PROGRAMS.
 `Every local recipient of funds under this title shall, in any publication
 or public announcement, clearly identify any program assisted under this
 title as a Federal program funded under the Drug-Free Schools and Communities
 Act of 1986.'.
SEC. 1509. TECHNICAL AMENDMENTS.
 (a) AUTHORIZATION OF APPROPRIATIONS- Subsection (a) of section 2 of the
 Drug-Free Schools and Communities Act Amendments of 1989 is amended--
 (1) by redesignating paragraph (2) as paragraph (3); and
 (2) by striking paragraph (1) and inserting the following:
 `(1) in paragraph (1), by inserting after `part C' the following: `and
 section 5136'; and
 `(2) in paragraph (2)--
 `(A) in subparagraph (A), by striking `and $20,000,000' and all that follows
 and inserting the following: `$20,000,000 for the fiscal year 1990, and
 $35,000,000 for each of the fiscal years 1991, 1992, and 1993.'; and
 `(B) in subparagraph (B), by striking `$230,000,000' and inserting
 `$215,000,000'; and'.
 (b) RESERVATIONS AND STATE ALLOTMENTS- Subsection (a) of section 5112 of the
 Drug-Free Schools and Communities Act of 1986 (20 U.S.C. 3182) is amended in
 the matter preceding paragraph (1) by inserting `, from' after `subsection
 (c)'.
 (c) Responsibilities of State Educational Agencies-
 (1) CORRECTION OF PUNCTUATION- Section 5124(a)(4)(B) of the Drug-Free
 Schools and Communities Act of 1986 (20 U.S.C. 3194(a)(4)(B)) is amended
 by striking the comma at the end of clause (ii) and inserting a period.
 (2) CORRECTION OF REFERENCE- Section 7(2) of the Drug-Free Schools and
 Communities Act Amendments of 1989 is amended in subparagraph (A) by inserting
 `the first place it appears' before `the following'.
 (d) FEDERAL ACTIVITIES- Section 5132(b) of the Drug-Free Schools and
 Communities Act of 1986 (20 U.S.C. 3212) is amended by striking `and'
 at the end of paragraph (5).
 (e) EMERGENCY GRANTS- The heading for section 5136 of the Drug-Free Schools
 and Communities Act of 1986 (20 U.S.C. 3216) is amended to read as follows:
`SEC. 5136. EMERGENCY GRANTS.'.
 (f) CERTIFICATION OF DRUG AND ALCOHOL ABUSE PREVENTION PROGRAMS- Section 22(b)
 of the Drug-Free Schools and Communities Act Amendments of 1989 is amended--
 (1) in paragraph (1), by striking `Part D' and inserting `Part E'; and
 (2) in paragraph (2), by striking `5126(e)' and inserting `5126(a)'.
 (g) DISSEMINATION OF INFORMATION AND TECHNICAL ASSISTANCE- Section 18 of
 the Drug-Free Schools and Communities Act Amendments of 1989 is amended by
 striking `Part D' and inserting `Part E'.
TITLE XVI--MISCELLANEOUS
SEC. 1601. ENLARGEMENT OF FORFEITURE AWARD AUTHORITY.
 Section 524(c)(1)(C) of title 28, United States Code, is amended by striking
 out `the payment of awards for information or assistance leading to civil
 or criminal forfeiture under the Comprehensive Drug Abuse Prevention and
 Control Act of 1970 (21 U.S.C. 800 et seq.) or a criminal forfeiture under
 the Racketeer Influenced and Corrupt Organizations statute (18 U.S.C. 1961 et
 seq.)' and inserting in lieu thereof `the payment of awards for information or
 assistance leading to a civil or criminal forfeiture under any law enforced
 or administered by the Department of Justice.'.
SEC. 1602. AMENDMENT TO CLARIFY APPLICATION OF SENTENCING REFORM ACT TO
ASSIMILATIVE CRIMES.
 Section 3551(a) of title 18, United States Code, is amended by inserting
 `including sections 13 and 1153 of this title,' after `any Federal statute,'.
SEC. 1603. CONFORMING AMENDMENTS TO SUBSTITUTE A REFERENCE TO THE FDIC FOR
THE NOW ABOLISHED FSLIC IN TWO BANKING OFFENSES.
 Sections 657 and 1006 of title 18, United States Code, are each amended
 by striking out `the Federal Savings and Loan Insurance Corporation' and
 inserting in lieu thereof `the Federal Deposit Insurance Corporation'.
SEC. 1604. CLARIFICATION OF APPLICABILITY OF 18 U.S.C. 1952 TO ALL MAILINGS
IN FURTHERANCE OF UNLAWFUL ACTIVITY.
 Section 1952(a) of title 18, United States Code, is amended--
 (1) by inserting `the mail or' after `uses'; and
 (2) by striking out `including the mail,'.
SEC. 1605. ARREST OF FUGITIVE ABOUT TO ENTER UNITED STATES.
 Section 3184 of title 18, United States Code, is amended by inserting `or,
 if there is reason to believe the person will shortly enter the United
 States' after `if the whereabouts within the United States of the person
 charged are not known'.
SEC. 1606. CORRECTION TO REFERENCE TO NONEXISTENT AGENCIES IN 18 U.S.C. 1114.
 Section 1114 of title 18, United States Code, is amended--
 (1) by striking `secret service' and inserting `Secret Service';
 (2) by striking `any officer or employee of the Department of Health,
 Education, and Welfare,' and inserting `any officer or employee of the
 Department of Education, the Department of Health and Human Services,'; and
 (3) by striking `the Federal Savings and Loan Insurance Corporation,'.
TITLE XVII--GENERAL PROVISIONS
SEC. 1701. SUPPORT OF FEDERAL PRISONERS IN NON-FEDERAL INSTITUTIONS.
 Section 4013 of title 18, United States Code, is amended by adding at the
 end thereof the following new subsection:
 `(b)(1) The United States Marshals Service may designate districts that
 need additional support from private detention entities under subsection
 (a)(3) based on--
 `(A) the number of Federal detainees in the district; and
 `(B) the availability of appropriate Federal, State, and local government
 detention facilities.
 `(2) In order to be eligible for a contract for the housing, care, and
 security of persons held in custody of the United States Marshals pursuant
 to Federal law and funding under subsection (a)(3), a private entity shall--
 `(A) be located in a district that has been designated as needing additional
 Federal detention facilities pursuant to paragraph (1);
 `(B) meet the standards of the American Correctional Association;
 `(C) comply with all applicable State and local laws and regulations;
 `(D) have approved fire, security, escape, and riot plans; and
 `(E) comply with any other regulations that the Marshals Service deems
 appropriate.
 `(3) The United States Marshals Service shall provide an opportunity for
 public comment on a contract under subsection (a)(3).'.
SEC. 1702. GUN-FREE SCHOOL ZONES ACT OF 1990.
 (a) SHORT TITLE- This section may be cited as the `Gun-Free School Zones
 Act of 1990'.
 (b) PROHIBITIONS AGAINST POSSESSION OR DISCHARGE OF A FIREARM IN A SCHOOL
 ZONE-
 (1) IN GENERAL- Section 922 of title 18, United States Code, is amended by
 adding at the end  the following new subsection:
 `(q)(1)(A) It shall be unlawful for any individual knowingly to possess a
 firearm at a place that the individual knows, or has reasonable  cause to
 believe, is a school zone.
 `(B) Subparagraph (A) shall not apply to the possession of a firearm--
 `(i) on private property not part of school grounds;
 `(ii) if the individual possessing the firearm is licensed to do so by the
 State in which the school zone is located or a political  subdivision of
 the State, and the law of the State or political  subdivision requires that,
 before an individual obtain such a license, the law enforcement authorities
 of the State or political subdivision verify that the individual is qualified
 under law to receive the license;
 `(iii) which is--
 `(I) not loaded; and
 `(II) in a locked container, or a locked firearms rack which is on a motor
 vehicle;
 `(iv) by an individual for use in a program approved by a school in the
 school zone;
 `(v) by an individual in accordance with a contract entered into between a
 school in the school zone and the individual or an employer of the individual;
 `(vi) by a law enforcement officer acting in his or her official capacity; or
 `(vii) that is unloaded and is possessed by an individual while traversing
 school premises for the purpose of gaining access to public or private
 lands open to hunting, if the entry on school premises is authorized by
 school authorities.
 `(2)(A) Except as provided in subparagraph (B), it shall be unlawful for
 any person, knowingly or with reckless disregard for the safety of another,
 to discharge or attempt to discharge a firearm at a place that the person
 knows is a school zone.
 `(B) Subparagraph (A) shall not apply to the discharge of a firearm--
 `(i) on private property not part of school grounds;
 `(ii)  as part of a program approved by a school in the school zone, by an
 individual who is participating in the program;
 `(iii) by an individual in accordance with a contract entered into between a
 school in a school zone and the individual or an employer of the individual;
 or
 `(iv) by a law enforcement officer acting in his or her official capacity.
 `(3) Nothing in this subsection shall be construed as preempting or preventing
 a State or local government from enacting a statute establishing gun-free
 school zones as provided in this subsection.'.
 (2) DEFINITIONS- Section 921(a) of such title is amended by adding at the
 end thereof the following new paragraphs:
 `(25) The term `school zone' means--
 `(A) in, or on the grounds of, a public, parochial or private school; or
 `(B) within a distance of 1,000 feet from the grounds of a public, parochial
 or private  school.
 `(26) The term `school' means a school which provides elementary or secondary
 education, as determined under State law.
 `(27) The term `motor vehicle'  has the meaning given  such term in section
 10102 of title 49, United States Code.'.
 (3) PENALTY- Section 924(a) of such title is amended by adding at the end
 thereof the following new paragraph:
 `(4) Whoever violates section 922(q) shall be fined not more than $5,000,
 imprisoned for not more than 5 years, or both. Notwithstanding any other
 provision of law, the term of imprisonment imposed under this paragraph
 shall not  run concurrently with any other term of imprisonment imposed
 under any other provision of law. Except for the authorization of a term
 of imprisonment of not more than 5 years made in this paragraph, for the
 purpose of any other law a violation of section 922(q)  shall be deemed to
 be a misdemeanor.'.
 (4) EFFECTIVE DATE- The amendments made by this section shall apply to
 conduct engaged in after the end of the 60-day period beginning on the date
 of the enactment of this Act.
 (5) GUN-FREE ZONE SIGNS- Federal, State, and local authorities  are encouraged
 to cause signs to be posted around school zones giving  warning of prohibition
 of the possession of firearms in a school zone.
SEC. 1703. REPORT ON MANDATORY MINIMUM SENTENCING PROVISIONS.
 (a) REPORT- Not less than six months after the date of enactment of this Act,
 the United States Sentencing Commission shall transmit to the respective
 Judiciary Committees of the Senate and House of Representatives a report
 on mandatory minimum sentencing provisions in Federal law.
 (b) COMPONENTS OF REPORT- The report mandated by subsection (a) shall include:
 (1) a compilation of all mandatory minimum sentencing provisions in
 Federal law;
 (2) an assessment of the effect of mandatory minimum sentencing provisions
 on  the goal of eliminating unwarranted sentencing disparity;
 (3) a projection of the impact of mandatory minimum sentencing provisions
 on the Federal prison population;
 (4) an assessment of the compatibility of mandatory minimum sentencing
 provisions and the sentencing guidelines system established by the Sentencing
 Reform Act of 1984;
 (5) a description of the interaction between mandatory minimum sentencing
 provisions and plea agreements;
 (6) a detailed empirical research study of the effect of mandatory minimum
 penalties in the Federal system;
 (7) a discussion of mechanisms other than mandatory minimum sentencing laws by
 which Congress can express itself with respect to sentencing policy, such as:
 (A) specific statutory instructions to the Sentencing Commission;
 (B) general statutory instructions to the Sentencing Commission;
 (C) increasing or decreasing the maximum sentence authorized for particular
 crimes;
 (D) Sense of Congress resolutions; and
 (8) any other information that the Commission would contribute to a thorough
 assessment of mandatory minimum sentencing provisions.
 (c) AMENDMENT OF REPORT- The Commission may amend or update the report
 mandated by subsection (a) at any time after its transmittal.
SEC. 1704. RAILROAD POLICE OFFICERS.
 A railroad police officer who is employed by a rail carrier and certified
 or commissioned as a police officer under the laws of any State shall,
 in accordance with regulations issued by the Secretary of Transportation,
 be authorized to enforce the laws of any jurisdiction in which the rail
 carrier owns property, for the purpose of protecting--
 (1) the employees, passengers, or patrons of the rail carrier;
 (2) the property, equipment, and facilities owned, leased, operated, or
 maintained by the rail carrier;
 (3) property moving in interstate or foreign commerce in the possession of
 the rail carrier; and
 (4) personnel, equipment, and materials moving via railroad that are vital
 to the national defense, to the extent of the authority of a police officer
 properly certified or commissioned under the laws of that jurisdiction.
TITLE XVIII--CORRECTIONAL OPTIONS INCENTIVES AMENDMENTS
SEC. 1801. CORRECTIONAL OPTIONS GRANTS.
 (a) AUTHORITY TO MAKE GRANTS- Subpart 2 of part E of title I of the Omnibus
 Crime and Safe Streets Act of 1968 (42 U.S.C. 3760 et seq.) is amended--
 (1) by inserting after the heading relating to subpart 2 the following:
`CHAPTER A--GRANTS TO PUBLIC AND PRIVATE ENTITIES'.
 (2) in section 510 by striking `subpart' each place it appears and inserting
 `chapter',
 (3) in section 511--
 (A) in the heading by striking `DISCRETIONARY', and
 (B) by inserting `(other than chapter B of this subpart)' after `this part',
 (4) in section 513--
 (A) in subsection (a)(1) by inserting `or 515' after `511', and
 (B) in subsection (b) by inserting `applicable' after `all the' each place
 it appears,
 (5) in section 514(2) by striking `public agency or private nonprofit
 organization within which the program or project has been conducted' and
 inserting `applicant that conducts such program or project',
 (6) by redesignating sections 513 and 514 as sections 517 and 518,
 respectively, and
 (7) by inserting after section 512 the following:
`CHAPTER B--GRANTS TO PUBLIC AGENCIES
`CORRECTIONAL OPTIONS GRANTS
 `SEC. 515. (a) The Director, in consultation with the Director of the
 National Institute of Corrections, may make--
 `(1) 4 grants in each fiscal year, in various geographical areas throughout
 the United States, to public agencies for correctional options (including
 the cost of construction) that provide alternatives to traditional modes
 of incarceration and offender release programs--
 `(A) to provide more appropriate intervention for youthful offenders who
 are not career criminals, but who, without such intervention, are likely
 to become career criminals or more serious offenders;
 `(B) to provide a degree of security and discipline appropriate for the
 offender involved;
 `(C) to provide diagnosis, and treatment and services (including counseling,
 substance abuse treatment, education, job training and placement assistance
 while under correctional supervision, and linkage to similar outside
 services), to increase the success rate of offenders who decide to pursue
 a course of lawful and productive conduct after release from legal restraint;
 `(D) to reduce criminal recidivism by offenders who receive punishment
 through such alternatives;
 `(E) to reduce the cost of correctional services and facilities by reducing
 criminal recidivism; and
 `(F) to provide work that promotes development of industrial and service
 skills in connection with a correctional option;
 `(2) grants to private nonprofit organizations--
 `(A) for any of the purposes specified in subparagraphs (A) through (F)
 of paragraph (1);
 `(B) to undertake educational and training programs for criminal justice
 personnel;
 `(C) to provide technical assistance to States and local units of government;
 and
 `(D) to carry out demonstration projects which, in view of previous research
 or experience, are likely to be a success in more than one jurisdiction;
in connection with a correctional option (excluding the cost of construction);
and
 `(3) grants to public agencies to establish, operate, and support boot
 camp prisons.
 `(b) The selection of applicants to receive grants under subsection (a)(1)
 and (2) shall be based on their potential for developing or testing various
 innovative alternatives to traditional modes of incarceration and offender
 release programs. In selecting the applicants to receive grants under
 subsection (a)(3), the Director shall--
 `(1) consider the overall quality of an applicant's shock incarceration
 program, including the existence of substance abuse treatment, drug testing,
 counseling literacy education, vocational education, and job training
 programs during incarceration or after release; and
 `(2) give priority to States that clearly demonstrate that the capacity
 of their correctional facilities is inadequate to accommodate the number of
 individuals who are convicted of offenses punishable by a term of imprisonment
 exceeding 1 year.
 `(c) The Director shall consult with the Commission on Alternative Utilization
 of Military Facilities created by Public Law 100-456 in order to identify
 military facilities that may be used as sites for correctional programs
 receiving assistance under this chapter.
`ALLOCATION OF FUNDS; ADMINISTRATIVE PROVISIONS
 `SEC. 516. (a) Of the total amount appropriated for this chapter in any
 fiscal year, 80 percent shall be used to make grants under section 515(a)(1),
 10 percent for section 515(a)(2), and 10 percent for section 515(a)(3).
 `(b) A grant made under section 515(a)(1) or (a)(3) may be made for an
 amount up to 75 percent of the cost of the correctional option contained
 in the approved application.
 `(c) The Director shall--
 `(1) not later than 90 days after funds are first appropriated to carry
 out this chapter, issue rules to carry out this chapter; and
 `(2) not later than 180 days after funds are first appropriated to carry
 out this chapter--
 `(A) submit to the Speaker of the House of Representatives and the President
 pro tempore of the Senate, a report describing such rules; and
 `(B) request applications for grants under this chapter.
`CHAPTER C--GENERAL REQUIREMENTS'.
 (b) EVALUATION- Section 520(a)(2) of title I of the Omnibus Crime Control
 and Safe Streets Act of 1968 (42 U.S.C. 3766(a)(2)) is amended by striking
 `section 511' and inserting `sections 511 and 515'.
 (c) DEFINITION- Section 901(a) of title I of the Omnibus Crime Control and
 Safe Streets Act of 1968 (42 U.S.C. 3791(a)) is amended--
 (1) in paragraph (20) by striking `and' at the end,
 (2) in paragraph (21) by striking the period at the end, and
 (3) by adding at the end the following:
 `(22) `correctional option' includes community-based incarceration, weekend
 incarceration, boot camp prison, electronic monitoring of offenders,
 intensive probation, and any other innovative punishment designed to have
 the greatest impact on offenders who can be punished more effectively in
 an environment other than a traditional correctional facility; and
 `(23) `boot camp prison' includes a correctional facility in which inmates
 are required to participate in a highly regimented program that provides
 strict discipline, physical training, and hard labor, together with
 extensive rehabilitative activities and with educational, job training,
 and drug treatment support.'.
 (d) TECHNICAL AMENDMENTS- The table of contents of title I of the Omnibus
 Crime and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended--
 (1) by inserting after the heading relating to subpart 2 of part E the
 following:
`Chapter A--Grants to Public and Private Entities',
 (2) in the item relating to section 511 by striking `discretionary', and
 (3) by striking the items relating to sections 513 and 514, and inserting
 the following:
`Chapter B--Grants to Public Agencies
`Sec. 515. Correctional options grants.
`Sec. 516. Allocation of funds; administrative provisions.
`Chapter C--General Requirements
`Sec. 517. Application requirements.
`Sec. 518. Period of award.'.
 (e) CONFORMING AMENDMENTS- Section 1001(a) of title I of the Omnibus Crime
 and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by inserting
 after paragraph (5) the following:
 `(6) There are authorized to be appropriated $220,000,000 for fiscal year
 1991 and such sums as may be necessary for fiscal year 1992 to carry out
 chapter B of subpart 2 of part E of this title.'.
SEC. 1802. CONVEYANCE OF PROPERTY AND FACILITIES AT MILITARY INSTALLATIONS.
 (a) IN GENERAL- Chapter 159 of title 10, United States Code, is amended by
 adding at the end the following:
`Sec. 2693. Conveyance of certain property
 `(a) Except as provided in subsection (b), before any real property or
 facility of the United States that is under the jurisdiction of any
 department, agency, or instrumentality of the Department of Defense
 is determined to be excess to the needs of such department, agency, or
 instrumentality, the Secretary shall--
 `(1) provide adequate notification of the availability of such real property
 or facility within the Department of Defense;
 `(2) if the real property or facility remains available after such
 notification, notify the Attorney General of its availability; and
 `(3) if the Attorney General certifies that a determination has been made
 by the Director of the Bureau of Justice Assistance within the Department
 of Justice to utilize the real property or facility under the correctional
 options program carried out under section 515 of title I of the Omnibus
 Crime Control and Safe Streets Act of 1968, convey the real property or
 facility, without reimbursement, to the public agencies referred to in
 section 515(a)(1) or 515(a)(3) of title I of such Act for such utilization.
 `(b) The provisions of this section shall not apply--
 `(1) to real property and facilities to which title II of the Defense
 Authorization Amendments and Base Closure and Realignment Act (Public Law
 100-526) is applicable; and
 `(2) during any portion of a fiscal year after four conveyances have been
 made under this section in such fiscal year.'.
 (b) CLERICAL AMENDMENT- The table of sections at the beginning of such
 chapter is amended by adding at the end the following:
`2693. Conveyance of certain property.'.
SEC. 1803. IMPROVEMENT OF CRIMINAL JUSTICE RECORDS.
 (a) AMENDMENT- Subpart 1 of part E of title I of the Omnibus Crime Control
 and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding
 at the end the following:
`IMPROVEMENT OF CRIMINAL JUSTICE RECORDS
 `SEC. 509. (a) Subject to subsection (d), each State which receives funds
 under section 506 in a fiscal year shall allocate not less than 5 percent
 of such funds to the improvement of criminal justice records.
 `(b) The improvement referred to in subsection (a) shall include--
 `(1) the completion of criminal histories to include the final dispositions
 of all arrests for felony offenses;
 `(2) the full automation of all criminal justice histories and fingerprint
 records; and
 `(3) the frequency and quality of criminal history reports to the Federal
 Bureau of Investigation.
 `(c) The Director, in consultation with the Director of the Bureau of
 Justice Statistics, shall establish guidelines for the fulfillment of the
 requirements specified in subsections (a) and (b) of this section.
 `(d) In accordance with such guidelines as the Director shall issue and on
 the request of a State, the Director may--
 `(1) waive compliance with subsection (a) by such State; or
 `(2) authorize such State to reduce the minimum amount such State is required
 to allocate under subsection (a);
if the Director, in the discretion of the Director, finds that the quality
of the State's criminal justice records does not warrant expending the amount
allocated under subsection (a).'.
 (b) TECHNICAL AMENDMENT- The table of contents of title I of the Omnibus
 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is
 amended by inserting after the item relating to section 508 the following:
`Sec. 509. Improvement of criminal justice records.'.
 (c) APPLICATION OF AMENDMENTS- The amendments made by this section shall
 not apply with respect to any fiscal year beginning before the date of the
 enactment of this Act.
SEC. 1804. TESTING CERTAIN SEX OFFENDERS FOR HUMAN IMMUNODEFICIENCY VIRUS.
 Section 506 of title I of the Omnibus Crime Control and Safe Streets Act
 of 1968 (42 U.S.C. 3756) is amended--
 (1) in subsection (a)(1) by striking `subsection (e)' and inserting
 `subsections (e) and (f)',
 (2) by redesignating subsection (f) as subsection (g), and
 (3) by inserting after subsection (e) the following:
 `(f)(1) For any fiscal year beginning more than 2 years after the effective
 date of this subsection--
 `(A) 90 percent of the funds allocated under subsection (a), taking into
 consideration subsection (e) but without regard to this subsection, to a
 State described in paragraph (2) shall be distributed by the Director to
 such State; and
 `(B) 10 percent of such amount shall be allocated equally among States that
 are not affected by the operation of subparagraph (A).
 `(2) Paragraph (1)(A) refers to a State that does not have in effect,
 and does not enforce, in such fiscal year, a law that requires the State
 at the request of the victim of a sexual act--
 `(A) to administer, to the defendant convicted under State law of such sexual
 act, a test to detect in such defendant the presence of the etiologic agent
 for acquired immune deficiency syndrome;
 `(B) to disclose the results of such test to such defendant and to the
 victim of such sexual act; and
 `(C) to provide to the victim of such sexual act counseling regarding HIV
 disease, HIV testing, in accordance with applicable law, and referral for
 appropriate health care and support services.
 `(3) For purposes of this subsection--
 `(A) the term `convicted' includes adjudicated under juvenile proceedings; and
 `(B) the term `sexual act' has the meaning given such term in subparagraph
 (A) or (B) of section 2245(1) of title 18, United States Code.'.
TITLE XIX--ANABOLIC STEROIDS CONTROL ACT OF 1990
SEC. 1901. SHORT TITLE.
 This Act may be cited as the `Anabolic Steroids Control Act of 1990'.
SEC. 1902. ANABOLIC STEROID PENALTIES.
 (a) ADDITION OF ANABOLIC STEROIDS TO SCHEDULE III- Schedule III of section
 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) is amended by
 adding at the end the following:
 `(e) Anabolic steroids.'.
 (b) DEFINITION OF ANABOLIC STEROID- Section 102 of the Controlled Substances
 Act (21 U.S.C. 802) is amended by adding at the end the following:
 `(41)(A) The term `anabolic steroid' means any drug or hormonal substance,
 chemically and pharmacologically related to testosterone (other than
 estrogens, progestins, and corticosteroids) that promotes muscle growth,
 and includes--
 `(i) boldenone,
 `(ii) chlorotestosterone,
 `(iii) clostebol,
 `(iv) dehydrochlormethyltestosterone,
 `(v) dihydrotestosterone,
 `(vi) drostanolone,
 `(vii) ethylestrenol,
 `(viii) fluoxymesterone,
 `(ix) formebulone,
 `(x) mesterolone,
 `(xi) methandienone,
 `(xii) methandranone,
 `(xiii) methandriol,
 `(xiv) methandrostenolone,
 `(xv) methenolone,
 `(xvi) methyltestosterone,
 `(xvii) mibolerone,
 `(xviii) nandrolone,
 `(xix) norethandrolone,
 `(xx) oxandrolone,
 `(xxi) oxymesterone,
 `(xxii) oxymetholone,
 `(xxiii) stanolone,
 `(xxiv) stanozolol,
 `(xxv) testolactone,
 `(xxvi) testosterone,
 `(xxvii) trenbolone, and
 `(xxviii) any salt, ester, or isomer of a drug or substance described or
 listed in this paragraph, if that salt, ester, or isomer promotes muscle
 growth.
 `(B)(i) Except as provided in clause (ii), such term does not include an
 anabolic steroid which is expressly intended for administration through
 implants to cattle or other nonhuman species and which has been approved
 by the Secretary of Health and Human Services for such administration.
 `(ii) If any person prescribes, dispenses, or distributes such steroid for
 human use, such person shall be considered to have prescribed, dispensed,
 or distributed an anabolic steroid within the meaning of subparagraph (A).'.
 (c) EFFECT OF SCHEDULING ON PRESCRIPTIONS- Any prescription for anabolic
 steroids subject to refill on or after the date of enactment of the amendments
 made by this section may be refilled without restriction under section 309(a)
 of the Controlled Substances Act (21 U.S.C. 829(a)).
 (d) EFFECTIVE DATE- This section and the amendment made by this section
 shall take effect 90 days after the date of enactment of this Act.
SEC. 1903. REGULATIONS BY ATTORNEY GENERAL.
 (a) ABUSE POTENTIAL- The Attorney General, upon the recommendation of
 the Secretary of Health and Human Services, may, by regulation, exempt
 any compound, mixture, or preparation containing a substance in paragraph
 (41) of section 102 of the Controlled Substances Act (as added by section
 2 of this Act) from the application of all or any part of the Controlled
 Substances Act if, because of its concentration, preparation, mixture or
 delivery system, it has no significant potential for abuse.
 (b) DRUGS FOR TREATMENT OF RARE DISEASES- If the Attorney General finds that
 a drug listed in paragraph (41) of section 102 of the Controlled Substances
 Act (as added by section 2 of this Act) is--
 (1) approved by the Food and Drug Administration as an accepted treatment
 for a rare disease or condition, as defined in section 526 of the Federal
 Food, Drug, and Cosmetic Act (21 U.S.C. 360bb); and
 (2) does not have a significant potential for abuse, the Attorney General
 may exempt such drug from any production regulations otherwise issued under
 the Controlled Substances Act as may be necessary to ensure adequate supplies
 of such drug for medical purposes.
 (c) DATE OF ISSUANCE OF REGULATIONS- The Attorney General shall issue
 regulations implementing this section not later than 45 days after the date
 of enactment of this Act, except that the regulations required under section
 3(a) shall be issued not later than 180 days after the date of enactment
 of this Act.
SEC. 1904. AMENDMENT TO THE FOOD, DRUG, AND COSMETIC ACT.
 Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333)
 is amended by inserting a new subsection (e) as follows:
 `(e)(1) Except as provided in paragraph (2), whoever knowingly distributes,
 or possesses with intent to distribute, human growth hormone for any use
 in humans other than the treatment of a disease or other recognized medical
 condition, where such use has been authorized by the Secretary of Health and
 Human Services under section 505 and pursuant to the order of a physician,
 is guilty of an offense punishable by not more than 5 years in prison,
 such fines as are authorized by title 18, United States Code, or both.
 `(2) Whoever commits any offense set forth in paragraph (1) and such
 offense involves an individual under 18 years of age is punishable by not
 more than 10 years imprisonment, such fines as are authorized by title 18,
 United States Code, or both.
 `(3) Any conviction for a violation of paragraphs (1) and (2) of this
 subsection shall be considered a felony violation of the Controlled Substances
 Act for the purposes of forfeiture under section 413 of such Act.
 `(4) As used in this subsection the term `human growth hormone' means
 somatrem, somatropin, or an analogue of either of them.
 `(5) The Drug Enforcement Administration is authorized to investigate
 offenses punishable by this subsection.'.
SEC. 1905. CONVICTION FOR VIOLATION OF SECTION 303(e) OF THE FEDERAL FOOD,
DRUG, AND COSMETIC ACT.
 Section 2401 of the Anti-Drug Abuse Act of 1988 (Public Law 100-690; 102
 Stat. 4181) is repealed.
SEC. 1906. DEMONSTRATION PROGRAMS REGARDING ANABOLIC STEROIDS.
 Section 508(b) of the Public Health Service Act (42 U.S.C. 290aa-6(b))
 is amended--
 (1) in paragraph (10)(B), by striking `and' after the semicolon at the end;
 (2) in paragraph (11)(B), by striking the period at the end and inserting
 `; and'; and
 (3) by adding at the end the following new paragraph:
 `(12) develop and support innovative demonstration programs designed
 to identify and deter the improper use or abuse of anabolic steroids by
 students, especially students in secondary schools.'.
SEC. 1907. CLERICAL CORRECTION.
 Section 404 of the Controlled Substances Act (21 U.S.C. 844) is amended
 by inserting `(a)' before `It shall be unlawful' in the first undesignated
 paragraph.
TITLE XX--ASSET FORFEITURE
SEC. 2001. AMENDMENTS RELATING TO THE SPECIAL FORFEITURE FUND.
 (a) ASSETS FORFEITURE FUND AMENDMENT- Section 524(c)(9) of title 28, United
 States Code, is amended--
 (1) in the first sentence, by striking out `(9) There' and inserting in
 lieu thereof `(9)(A) There'; and
 (2) by striking out the second sentence and inserting in lieu thereof
 the following:
 `(B) Subject to subparagraph (C), in each of fiscal years 1990, 1991, 1992,
 and 1993, the Attorney General may transfer from the Fund not more than
 $150,000,000 to the Special Forfeiture Fund established by section 6073 of
 the Anti-Drug Abuse Act of 1988. Such transfers shall be made at the end
 of each quarter of the fiscal year involved and on a quarterly pro rata basis.
 `(C) Transfers under subparagraph (B) may be made only from excess unobligated
 amounts and only to the extent that, as determined by the Attorney General,
 such transfers will not impair the future availability of amounts for the
 purposes under paragraph (1).
 `(D) At the end of each of fiscal years 1990, 1991, 1992, and 1993, the
 Attorney General may retain in the Fund not more than $15,000,000, or,
 if determined by the Attorney General to be necessary for asset-specific
 expenses, a greater amount equal to not more than one-tenth of the total
 of obligations from the Fund in preceding fiscal year.'.
 (b) SPECIAL FORFEITURE FUND AMENDMENT- Section 6073(b) of the Anti-Drug
 Abuse Act of 1988 (21 U.S.C. 1509(b)) is amended to read as follows:
 `(b) DEPOSITS- Deposits in the Fund shall be made by transfer from the
 Department of Justice Assets Forfeiture Fund in the manner provided in
 section 524(c)(9) of title 28, United States Code.'.
SEC. 2002. CLARIFICATION OF ATTORNEY GENERAL'S AUTHORITY TO WARRANT CLEAR
TITLE UPON TRANSFER OF FORFEITED PROPERTY.
 Section 524(c) of title 28, United States Code, is amended--
 (1) by redesignating paragraph (10) as paragraph (11); and
 (2) by inserting after paragraph (9) the following new paragraph:
 `(10) Following the completion of procedures for the forfeiture of property
 pursuant to any law enforced or administered by the Department, the Attorney
 General is authorized, at his discretion, to warrant clear title to any
 subsequent purchaser or transferee of such forfeited property.'.
SEC. 2003. CLARIFICATION OF ATTORNEY GENERAL'S FORFEITURE SALE AUTHORITY.
 Section 511(e)(1)(B) of the Controlled Substances Act (21 U.S.C. 881(e)(1)(B))
 and section 2254(f)(2) of title 18, United States Code, are each amended
 by inserting after `sell' the following: `, by public sale or any other
 commercially feasible means,'.
SEC. 2004. FORFEITURE AND DESTRUCTION OF DANGEROUS, TOXIC, AND HAZARDOUS
MATERIALS.
 Section 511(f) of the Controlled Substances Act (21 U.S.C. 881(f)) is amended
 by inserting after `this title' each place it appears the following: `;
 all dangerous, toxic, or hazardous raw materials or products subject to
 forfeiture under subsection (a)(2) of this section; and any equipment or
 container subject to forfeiture under subsection (a)(2) or (3) which cannot
 be separated safely from such raw materials or products'.
SEC. 2005. ADDITIONAL FORFEITURE AWARD AUTHORITY.
 Section 524(c)(1)(C) of title 28, United States Code, is amended to read
 as follows:
 `(C) at the discretion of the Attorney General, the payment of awards for
 information or assistance leading to--
 `(i) a civil or criminal forfeiture under the Controlled Substances Act or
 the Controlled Substances Import and Export Act;
 `(ii) a criminal forfeiture under chapter 96 of title 18;
 `(iii) a civil forfeiture under section 981 of title 18; or
 `(iv) a criminal forfeiture under section 982 of title 18.'.
SEC. 2006. REPORT TO CONGRESS.
 Section 524(c)(6) of title 28, United States Code, is amended--
 (1) in the matter before subparagraph (A), by striking out `two';
 (2) by striking out `and' at the end of subparagraph (A);
 (3) by striking out the period at the end of subparagraph (B) and inserting
 in lieu thereof `; and'; and
 (4) by adding at the end the following new subparagraph:
 `(C) a report for such fiscal year, containing audited financial statements,
 in the form prescribed by the Attorney General, in consultation with the
 Comptroller General, including profit and loss information with respect to
 forfeited property (by category), and financial information on forfeited
 property transactions (by type of disposition).'.
SEC. 2007. FORFEITURE OF DRUG PARAPHERNALIA.
 Section 511(a) of the Controlled Substances Act (21 U.S.C. 881(a)) is
 amended by adding at the end the following new paragraph:
 `(10) Any drug paraphernalia (as defined in section 1822 of the Mail Order
 Drug Paraphernalia Control Act).'.
SEC. 2008. FORFEITURE OF A FIREARM USED TO FACILITATE A DRUG OFFENSE.
 Section 511(a) of the Controlled Substances Act (21 U.S.C. 881(a)) is
 amended by adding at the end the following new paragraph:
 `(11) Any firearm (as defined in section 921 of title 18, United States
 Code) used or intended to be used to facilitate the transportation, sale,
 receipt, possession, or concealment of property described in paragraph (1)
 or (2) and any proceeds traceable to such property.'.
TITLE XXI--PERKINS GRANT EXPANSION
SEC. 2101. POLICE RECRUITMENT EDUCATION PROGRAM.
 (a) AMENDMENT- Section 465(a)(2) of the Higher Education Act of 1965 (20
 U.S.C. 1087ee(a)(2)) is amended--
 (1) by striking `or' at the end of subparagraph (D);
 (2) by striking the period at the end of subparagraph (E) and inserting `;
 or'; and
 (3) by adding at the end the following new subparagraph:
 `(F) as a full-time law enforcement officer or corrections officer for
 service to local, State, or Federal law enforcement or corrections agencies.'.
 (b) CONFORMING AMENDMENT- Section 465(a)(3)(i) of such Act (20
 U.S.C. 1087ee(a)(3)(i)) is amended by striking `(A) or (C)' and inserting
 `(A), (C), or (F)'.
 (c) EFFECTIVE DATE- The amendments made by this section shall apply only
 to loans made on or after the date of enactment of this Act under part E
 of title IV of the Higher Education Act of 1965.
TITLE XXII--FIREARMS PROVISIONS
SEC. 2201. PROHIBITION AGAINST TRANSFERRING FIREARMS TO NONRESIDENTS.
 Section 922(a)(5) of title 18, United States Code, is amended by striking
 `resides' the first place such term appears and all that follows through `(or
 other than that in which its place of business is located if the transferor
 is a corporation or other business entity);' and inserting `does not reside
 in (or if the person is a corporation or other business entity, does not
 maintain a place of business in) the State in which the transferor resides;'.
SEC. 2202. COMMERCE NEXUS FOR TRAFFICKING IN STOLEN FIREARMS.
 (a) IN GENERAL- Section 922(j) of title 18, United States Code, is amended
 by striking `or which constitutes,' and inserting `which constitutes,
 or which has been shipped or transported in,'.
 (b) ALTERATION OF SERIAL NUMBER OF FIREARM- Section 922(k) of title 18,
 United States Code, is amended by inserting `or to possess or receive any
 firearm which has had the importer's or manufacturer's serial number removed,
 obliterated, or altered and has, at any time, been shipped or transported
 in interstate or foreign commerce' after `altered'.
SEC. 2203. TECHNICAL AMENDMENTS.
 (a) AMENDMENT TO SECTION 923(d)(1)(B)- Section 923(d)(1)(B) of title 18,
 United States Code, is amended by striking `(h)' and inserting `(n)'.
 (b) AMENDMENT TO SECTION 925(a)(1)- Section 925(a)(1) of title 18, United
 States Code, is amended by inserting `possession,' before `or importation'.
 (c) AMENDMENTS TO SECTION 925(c)- Section 925(c) of title 18, United States
 Code, is amended--
 (1) by striking `conviction' the first and third places such term appears
 and inserting `disability'; and
 (2) by striking `by reason of such a conviction'.
 (d) AMENDMENTS TO SECTION 924(a)- Section 924(a) of title 18, United States
 Code, is amended by striking `, and shall become eligible for parole as
 the Parole Commission shall determine' each place such term appears. This
 amendment shall be effective with respect to any offense committed after
 November 1, 1987.
SEC. 2204. AMENDMENTS RELATING TO THE DOMESTIC ASSEMBLY OF NONIMPORTABLE
FIREARMS.
 (a) SEMIAUTOMATIC RIFLE DEFINED- Section 921(a) of title 18, United States
 Code, is amended by adding at the end the following:
 `(28) The term `semiautomatic rifle' means any repeating rifle which utilizes
 a portion of the energy of a firing cartridge to extract the fired cartridge
 case and chamber the next round, and which requires a separate pull of the
 trigger to fire each cartridge.'.
 (b) PROHIBITIONS- Section 922 of title 18, United States Code, is amended
 by adding at the end the following:
 `(r) It shall be unlawful for any person to assemble from imported parts
 any semiautomatic rifle or any shotgun which is identical to any rifle or
 shotgun prohibited from importation under section 925(d)(3) of this chapter
 as not being particularly suitable for or readily adaptable to sporting
 purposes except that this subsection shall not apply to--
 `(1) the assembly of any such rifle or shotgun for sale or distribution by
 a licensed manufacturer to the United States or any department or agency
 thereof or to any State or any department, agency, or political subdivision
 thereof; or
 `(2) the assembly of any such rifle or shotgun for the purposes of testing
 or experimentation authorized by the Secretary.'.
 (c) PENALTY- Section 924(a)(1)(B) of title 18, United States Code, is
 amended by striking `or (k)' and inserting `(k), or (q)'.
SEC. 2205. PROHIBITION AGAINST POSSESSION OF FIREARMS IN FEDERAL COURT
FACILITIES.
 (a) PROHIBITION- Section 930 of title 18, United States Code, is amended--
 (1) in subsection (a), by inserting `(other than a Federal court facility)'
 before the second comma;
 (2) by redesignating subsections (d), (e), and (f) as subsections (e),
 (f), and (g), respectively;
 (3) by inserting after subsection (c) the following:
 `(d)(1) Except as provided in paragraph (2), whoever knowingly possesses or
 causes to be present a firearm in a Federal court facility, or attempts to
 do so, shall be fined under this title, imprisoned not more than 2 years,
 or both.
 `(2) Paragraph (1) shall not apply to conduct which is described in paragraph
 (1) or (2) of subsection (c).';
 (4) in subsection (f) (as so redesignated by paragraph (2) of this
 subsection), by adding at the end the following:
 `(3) The term `Federal court facility' means the courtroom, judges' chambers,
 witness rooms, jury deliberation rooms, attorney conference rooms, prisoner
 holding cells, offices of the court clerks, the United States attorney,
 and the United States marshal, probation and parole offices, and adjoining
 corridors of any court of the United States.'; and
 (5) in subsection (g) (as so redesignated by paragraph (2) of this
 subsection)--
 (A) by inserting `and notice of subsection (d) shall be posted conspicuously
 at each public entrance to each Federal court facility,' after the first
 comma;
 (B) by inserting `or (d)' before `with respect to'; and
 (C) by inserting `or (d), as the case may be' before the period.
 (b) EFFECTIVE DATE- The amendments made by subsection (a) shall apply to
 conduct engaged in after the date of the enactment of this Act.
TITLE XXIII--CHEMICAL DIVERSION AND TRAFFICKING
SEC. 2301. CHEMICAL DIVERSION AND TRAFFICKING.
 (a) NEW LISTED PRECURSOR CHEMICALS- Section 102(34) of the Controlled
 Substances Act (21 U.S.C. 802(34)) is amended by adding at the end the
 following:
 `(M) Methylamine.
 `(N) Ethylamine.
 `(O) D-lysergic acid.
 `(P) Propionic anhydride.
 `(Q) Insosafrole.
 `(R) Safrole.
 `(S) Piperonal.
 `(T) N-Methylepherdrine.
 `(U) N-ethylephedrine.
 `(V) N-methylpseudoephedrine.
 `(W) N-ethylpseudoephedrine.
 `(X) Hydriotic acid.
 `(Y) Any salt, optical isomer, or salt of an optical isomer of the chemicals
 listed in subparagraphs (M) through (X) of this paragraph.'.
 (b) CONFORMING REPEAL- Section 102(35) of the Controlled Substances Act
 (21 U.S.C. 802(35)) is amended by striking subparagraph (E).
TITLE XXIV--DRUG PARAPHERNALIA
SEC. 2401. DRUG PARAPHERNALIA.
 (a) IN GENERAL- The Controlled Substances Act is amended by adding at the
 end of part D the following:
`DRUG PARAPHERNALIA
 `SEC. 422. (a) It is unlawful for any person--
 `(1) to sell or offer for sale drug paraphernalia;
 `(2) to use the mails or any other facility of interstate commerce to
 transport drug paraphernalia; or
 `(3) to import or export drug paraphernalia.'.
 (b) TRANSFER OF REMAINING EXISTING PROVISIONS RELATING TO DRUG PARAPHERNALIA-
 Subsections (b) through (f) of section 1822 of the Anti-Drug Abuse Act of
 1986 (21 U.S.C. 857) are transferred to appear as subsections (b) through
 (f) of the section 422 added to the Controlled Substances Act by this section.
 (c) TECHNICAL CORRECTIONS TO TRANSFERRED PROVISIONS- The provisions of law
 transferred by subsection (b) are amended--
 (1) in subsection (b), by striking `not more than $100,000' and inserting
 `under title 18, United States Code'; and
 (2) in subsection (f), by striking `This subtitle' and inserting `This
 section'.
 (d) CONFORMING REPEAL- Subtitle O of title I of the Anti-Drug Abuse Act of
 1986 is repealed.
TITLE XXV--BANKING LAW ENFORCEMENT
SEC. 2500. SHORT TITLE.
 This title may be cited as the `Comprehensive Thrift and Bank Fraud
 Prosecution and Taxpayer Recovery Act of 1990'.
Subtitle A--Enhanced Criminal Penalties
SEC. 2501. CONCEALMENT OF ASSETS FROM FDIC, RTC, OR NCUA ESTABLISHED AS
CRIMINAL OFFENSE.
 (a) IN GENERAL- Chapter 47 of title 18, United States Code, is amended by
 adding at the end the following new section:
`Sec. 1032. Concealment of assets from conservator, receiver, or liquidating
agent of financial institution
 `Whoever--
 `(1) knowingly conceals or endeavors to conceal an asset or property
 from the Federal Deposit Insurance Corporation, acting as conservator
 or receiver or in the Corporation's corporate capacity with respect to
 any asset acquired or liability assumed by the Corporation under section
 11, 12, or 13, of the Federal Deposit Insurance Act the Resolution Trust
 Corporation, any conservator appointed by the Comptroller of the Currency
 or the Director of the Office of Thrift Supervision, or the National Credit
 Union Administration Board, acting as conservator or liquidating agent;
 `(2) corruptly impedes or endeavors to impede the functions of such
 Corporation, Board, or conservator; or
 `(3) corruptly places or endeavors to place an asset or property beyond
 the reach of such Corporation, Board, or conservator,
shall be fined under this title or imprisoned not more than 5 years, or both.'.
 (b) CLERICAL AMENDMENT- The table of sections for chapter 47 of title 18,
 United States Code, is amended by inserting after the item relating to
 section 1031 the following new item:
`1032. Concealment of assets from conservator, receiver, or liquidating
agent of financial institution.'.
SEC. 2502. PROHIBITION ON CONTROL OF OR PARTICIPATION IN DEPOSITORY INSTITUTION
BY CERTAIN CONVICTED PERSONS.
 (a) FDIC INSURED DEPOSITORY INSTITUTIONS- Section 19(a) of the Federal
 Deposit Insurance Act (12 U.S.C. 1829(a)) is amended to read as follows:
 `(a) PROHIBITION-
 `(1) IN GENERAL- Except with the prior written consent of the Corporation--
 `(A) any person who has been convicted of any criminal offense involving
 dishonesty or a breach of trust, or has agreed to enter into a pretrial
 diversion or similar program in connection with a prosecution for such
 offense, may not--
 `(i) become, or continue as, an institution-affiliated party with respect
 to any insured depository institution;
 `(ii) own or control, directly or indirectly, any insured depository
 institution; or
 `(iii) otherwise participate, directly or indirectly, in the conduct of
 the affairs of any insured depository institution; and
 `(B) any insured depository institution may not permit any person referred
 to in subparagraph (A) to engage in any conduct or continue any relationship
 prohibited under such subparagraph.
 `(2) MINIMUM 10-YEAR PROHIBITION PERIOD FOR CERTAIN OFFENSES-
 `(A) IN GENERAL- If the offense referred to in paragraph (1)(A) in connection
 with any person referred to in such paragraph is--
 `(i) an offense under--
 `(I) section 215, 656, 657, 1005, 1006, 1007, 1008, 1014, 1032, 1344,
 or 1956 of title 18, United States Code; or
 `(II) section 1341 or 1343 of such title which affects any financial
 institution (as defined in section 20 of such title); or
 `(ii) the offense of conspiring to commit any such offense,
the Corporation may not consent to any exception to the application of
paragraph (1) to such person during the 10-year period beginning on the date
the conviction or the agreement of the person becomes final.
 `(B) Exception by order of sentencing court-
 `(i) IN GENERAL- On motion of the Corporation, the court in which the
 conviction or the agreement of a person referred to in subparagraph (A)
 has been entered may grant an exception to the application of paragraph
 (1) to such person if granting the exception is in the interest of justice.
 `(ii) PERIOD FOR FILING- A motion may be filed under clause (i) at any time
 during the 10-year period described in subparagraph (A) with regard to the
 person on whose behalf such motion is made.'.
SEC. 2503. CRIME OF OBSTRUCTING AN EXAMINER.
 (a) IN GENERAL- Chapter 73 of title 18, United States Code (relating to
 obstruction of justice) is amended by inserting after section 1516 the
 following new section:
`Sec. 1517. Obstructing examination of financial institution
 `Whoever corruptly obstructs or attempts to obstruct any examination of a
 financial institution by an agency of the United States with jurisdiction
 to conduct an examination of such financial institution shall be fined
 under this title, imprisoned not more than 5 years, or both.'.
 (b) CLERICAL AMENDMENT- The table of sections for chapter 73 of title 18,
 United States Code, is amended by inserting after the item relating to
 section 1516 the following new item:
`1517. Obstructing examination of financial institution.'.
SEC. 2504. INCREASING BANK FRAUD AND EMBEZZLEMENT PENALTIES.
 (a) RECEIPT OF COMMISSIONS OR GIFTS FOR PROCURING LOANS- Section 215(a) of
 title 18, United States Code, is amended by striking `20' and inserting `30'.
 (b) THEFT, EMBEZZLEMENT, OR MISAPPLICATION BY BANK OFFICER OR EMPLOYEE-
 Section 656 of title 18, United States Code, is amended by striking `20'
 and inserting `30'.
 (c) LENDING, CREDIT, AND INSURANCE INSTITUTIONS- Section 657 of title 18,
 United States Code, is amended by striking `20' and inserting `30'.
 (d) BANK ENTRIES, REPORTS, AND TRANSACTIONS- Section 1005 of title 18,
 United States Code, is amended by striking `20' and inserting `30'.
 (e) FEDERAL CREDIT INSTITUTION ENTRIES, REPORTS, AND TRANSACTIONS- Section
 1006 of title 18, United States Code, is amended by striking `20' and
 inserting `30'.
 (f) FEDERAL DEPOSIT INSURANCE CORPORATION TRANSACTIONS- Section 1007 of
 title 18, United States Code, is amended by striking `20' and inserting `30'.
 (g) FALSE STATEMENTS IN LOAN, CREDIT, AND CROP INSURANCE APPLICATIONS-
 Section 1014 of title 18, United States Code, is amended by striking `20'
 and inserting `30'.
 (h) FRAUDS AND SWINDLES AFFECTING FINANCIAL INSTITUTIONS- The last sentence
 of section 1341 of title 18, United States Code, is amended by striking
 `20' and inserting `30'.
 (i) WIRE FRAUDS AFFECTING FINANCIAL INSTITUTIONS- The last sentence of
 section 1343 of title 18, United States Code, is amended by striking `20'
 and inserting `30'.
 (j) BANK FRAUD- Section 1344 of title 18, United States Code, is amended
 by striking `20' and inserting `30'.
SEC. 2505. STATUTE OF LIMITATIONS FOR RICO OFFENSES INVOLVING FINANCIAL
INSTITUTIONS.
 (a) IN GENERAL- Section 3293 of title 18, United States Code, is amended--
 (1) by striking `or' at the end of paragraph (1);
 (2) by inserting `or' at the end of paragraph (2); and
 (3) by inserting after paragraph (2) the following new paragraph:
 `(3) section 1963, to the extent that the racketeering activity involves
 a violation of section 1344;'.
 (b) SCOPE OF APPLICATION- The amendments made by subsection (a) shall apply
 to any offense committed before the date of the enactment of this section,
 if the statute of limitations applicable to that offense had not run as of
 such date.
SEC. 2506. MONEY LAUNDERING INVOLVING BANK CRIMES.
 Section 1956(c)(7)(D) of title 18, United States Code, is amended--
 (1) by inserting `section 1005 (relating to fraudulent bank entries), 1006
 (relating to fraudulent Federal credit institution entries), 1007 (relating
 to Federal Deposit Insurance transactions), 1014 (relating to fraudulent
 loan or credit applications), 1032 (relating to concealment of assets from
 conservator, receiver, or liquidating agent of financial institution),
 ' after `section 875 (relating to interstate communications),'; and
 (2) by inserting `section 1341 (relating to mail fraud) or section 1343
 (relating to wire fraud) affecting a financial institution,' after `section
 1203 (relating to hostage taking),'.
SEC. 2507. INCREASED PENALTIES IN MAJOR BANK CRIME CASES.
 (a) INCREASED PENALTIES- Pursuant to section 994 of title 28, United
 States Code, and section 21 of the Sentencing Act of 1987, the United
 States Sentencing Commission shall promulgate guidelines, or amend existing
 guidelines, to provide that a defendant convicted of violating, or conspiring
 to violate, section 215, 656, 657, 1005, 1006, 1007, 1014, 1032, or 1344 of
 title 18, United States Code, or section 1341 or 1343 affecting a financial
 institution (as defined in section 20 of title 18, United States Code),
 shall be assigned not less than offense level 24 under chapter 2 of the
 sentencing guidelines if the defendant derives more than $1,000,000 in
 gross receipts from the offense.
 (b) AMENDMENTS TO SENTENCING GUIDELINES- If the sentencing guidelines are
 amended after the effective date of this section, the Sentencing Commission
 shall implement the instruction set forth in subsection (a) so as to achieve
 a comparable result.
SEC. 2508. RESTORATION OF PROPERTY FOR VICTIMS OF BANK CRIMES.
 Section 981(e) of title 18, United States Code, is amended--
 (1) by striking out `or' at the end of paragraph (4);
 (2) by striking the period at the end of paragraph (5) and inserting a
 semicolon; and
 (3) by adding after paragraph (5) the following new paragraph:
 `(6) in the case of property referred to in subsection (a)(1)(C), restore
 forfeited property to any victim of an offense described in subsection
 (a)(1)(C); or'.
SEC. 2509. ENHANCEMENT OF ABILITY TO ORDER RESTITUTION IN CERTAIN FRAUD CASES.
 Section 3663(a) of title 18, United States Code, is amended--
 (1) by inserting `(1)' after `(a)'; and
 (2) by adding at the end the following:
 `(2) For the purposes of restitution, a victim of an offense that involves
 as an element a scheme, a conspiracy, or a pattern of criminal activity
 means any person directly harmed by the defendant's criminal conduct in
 the course of the scheme, conspiracy, or pattern.
 `(3) The court may also order restitution in any criminal case to the extent
 agreed to by the parties in a plea agreement.'.
SEC. 2510. FINANCIAL CRIME KINGPIN STATUTE.
 (a) CONTINUING FINANCIAL CRIME ENTERPRISES- Chapter 11 of title 18,
 United States Code, is amended by adding at the end thereof the following
 new section:
`Sec. 225. Continuing financial crimes enterprise
 `(a) Whoever--
 `(1) organizes, manages, or supervises a continuing financial crimes
 enterprise; and
 `(2) receives $5,000,000 or more in gross receipts from such enterprise
 during any 24-month period,
shall be fined not more than $10,000,000 if an individual, or $20,000,000
if an organization, and imprisoned for a term of not less than 10 years and
which may be life.
 `(b) For purposes of subsection (a), the term `continuing financial crimes
 enterprise' means a series of violations under section 215, 656, 657,
 1005, 1006, 1007, 1014, 1032, or 1344 of this title, or section 1341 or
 1343 affecting a financial institution, committed by at least 4 persons
 acting in concert.'.
 (b) CLERICAL AMENDMENT- The table of sections for chapter 11 of title 18,
 United States Code, is amended by adding at the end the following new item:
`225. Continuing financial crimes enterprise.'.
Subtitle B--Protecting Assets From Wrongful Disposition
SEC. 521. INJUNCTIVE RELIEF; PREJUDGMENT ATTACHMENTS.
 (a) INJUNCTIVE RELIEF-
 (1) APPLICATION BY CONSERVATOR OR RECEIVER FOR INSURED DEPOSITORY
 INSTITUTIONS- Section 11(d) of the Federal Deposit Insurance Act (12
 U.S.C. 1821(d)) is amended by inserting after paragraph (17) (as added by
 section 2511 of this title) the following new paragraphs:
 `(18) ATTACHMENT OF ASSETS AND OTHER INJUNCTIVE RELIEF- Subject to paragraph
 (19), any court of competent jurisdiction may, at the request of--
 `(A) the Corporation (in the Corporation's capacity as conservator or
 receiver for any insured depository institution or in the Corporation's
 corporate capacity with respect to any asset acquired or liability assumed
 by the Corporation under section 11, 12, or 13); or
 `(B) any conservator appointed by the Comptroller of the Currency or the
 Director of the Office of Thrift Supervision,
issue an order in accordance with Rule 65 of the Federal Rules of Civil
Procedure, including an order placing the assets of any person designated
by the Corporation or such conservator under the control of the court and
appointing a trustee to hold such assets.
 `(19) STANDARDS-
 `(A) SHOWING- Rule 65 of the Federal Rules of Civil Procedure shall apply
 with respect to any proceeding under paragraph (18) without regard to the
 requirement of such rule that the applicant show that the injury, loss,
 or damage is irreparable and immediate.
 `(B) STATE PROCEEDING- If, in the case of any proceeding in a State court,
 the court determines that rules of civil procedure available under the laws
 of such State provide substantially similar protections to such party's right
 to due process as Rule 65 (as modified with respect to such proceeding by
 subparagraph (A)), the relief sought by the Corporation or a conservator
 pursuant to paragraph (18) may be requested under the laws of such State.'.
 (2) APPLICATION BY CONSERVATOR OR LIQUIDATING AGENT FOR INSURED CREDIT UNION-
 Section 207(b)(2) of the Federal Credit Union Act (12 U.S.C. 1787(b)(2))
 is amended by redesignating subparagraph (G) as subparagraph (I) and by
 inserting after subparagraph (F) the following new subparagraphs:
 `(G) ATTACHMENT OF ASSETS AND INJUNCTIVE RELIEF- Subject to subparagraph
 (H), any court of competent jurisdiction may, at the request of the Board
 (in the Board's capacity as conservator or liquidating agent for any insured
 credit union or in the Board's corporate capacity in the exercise of any
 authority under section 207), issue an order in accordance with Rule 65 of
 the Federal Rules of Civil Procedure, including an order placing the assets
 of any person designated by the Board under the control of the court and
 appointing a trustee to hold such assets.
 `(H) STANDARDS-
 `(i) SHOWING- Rule 65 of the Federal Rules of Civil Procedure shall apply
 with respect to any proceeding under subparagraph (G) without regard to
 the requirement of such rule that the applicant show that the injury, loss,
 or damage is irreparable and immediate.
 `(ii) STATE PROCEEDING- If, in the case of any proceeding in a State court,
 the court determines that rules of civil procedure available under the laws
 of such State provide substantially similar protections to such party's right
 to due process as Rule 65 (as modified with respect to such proceeding by
 clause (i)), the relief sought by the Board pursuant to subparagraph (G)
 may be requested under the laws of such State.'.
 (b) Prejudgment Attachments-
 (1) APPROPRIATE FEDERAL BANKING AGENCIES- Section 8(i) of the Federal
 Deposit Insurance Act (12 U.S.C. 1818(i)) is amended by adding at the end
 the following new paragraph:
 `(4) Prejudgment attachment-
 `(A) IN GENERAL- In any action brought by an appropriate Federal banking
 agency (excluding the Corporation when acting in a manner described in section
 11(d)(18)) pursuant to this section, or in actions brought in aid of, or
 to enforce an order in, any administrative or other civil action for money
 damages, restitution, or civil money penalties brought by such agency, the
 court may, upon application of the agency, issue a restraining order that--
 `(i) prohibits any person subject to the proceeding from withdrawing,
 transferring, removing, dissipating, or disposing of any funds, assets or
 other property; and
 `(ii) appoints a temporary receiver to administer the restraining order.
 `(B) STANDARD- A permanent or temporary injunction or restraining order
 shall be granted without bond upon a prima facie showing that money
 damages, restitution, or civil money penalties, as sought by such agency,
 is appropriate.'.
 (2) ATTORNEY GENERAL- Section 1345 of title 18, United States Code,
 is amended--
 (1) by striking the 1st sentence and inserting the following:
 `(a)(1) If a person is--
 `(A) violating or about to violate this chapter or section 287, 371 (insofar
 as such violation involves a conspiracy to defraud the United States or
 any agency thereof), or 1001 of this title; or
 `(B) committing or about to commit a banking law violation (as defined in
 section 3322(d) of this title),
the Attorney General may commence a civil action in any Federal court to
enjoin such violation.
 `(2) If a person is alienating or disposing of property, or intends to
 alienate or dispose of property, obtained as a result of a banking law
 violation (as defined in section 3322(d) of this title) or property which
 is traceable to such violation, the Attorney General may commence a civil
 action in any Federal court--
 `(A) to enjoin such alienation or disposition of property; or
 `(B) for a restraining order to--
 `(i) prohibit any person from withdrawing, transferring, removing,
 dissipating, or disposing of any such property or property of equivalent
 value; and
 `(ii) appoint a temporary receiver to administer such restraining order.
 (3) A permanent or temporary injunction or restraining order shall be
 granted without bond.'; and
 (2) by redesignating the material remaining in such section as subsection (b).
SEC. 2522. NONDISCHARGE OF DEBTS IN FEDERAL BANKRUPTCY INVOLVING OBLIGATIONS
ARISING FROM A BREACH OF FIDUCIARY DUTY; DISALLOWING USE OF BANKRUPTCY TO
EVADE COMMITMENTS TO MAINTAIN THE CAPITAL OF A FEDERALLY INSURED DEPOSITORY
INSTITUTION OR TO EVADE CIVIL OR CRIMINAL LIABILITY.
 (a) EXCEPTION TO DISCHARGE IN GENERAL- Section 523 of title 11, United
 States Code, is amended--
 (1) in subsection (a) by--
 (A) striking `or' at the end of paragraph (9);
 (B) striking the period at the end of paragraph (10) and inserting a
 semicolon; and
 (C) adding at the end thereof the following new paragraphs:
 `(11) provided in any final judgment, unreviewable order, or consent order
 or decree entered in any court of the United States or of any State, issued
 by a Federal depository institutions regulatory agency, or contained in any
 settlement agreement entered into by the debtor, arising from any act of
 fraud or defalcation while acting in a fiduciary capacity committed with
 respect to any depository institution or insured credit union; or
 `(12) for malicious or reckless failure to fulfill any commitment by the
 debtor to a Federal depository institutions regulatory agency to maintain
 the capital of an insured depository institution, except that this paragraph
 shall not extend any such commitment which would otherwise be terminated
 due to any act of such agency;'; and
 (2) by adding at the end thereof the following new subsections:
 `(e) Any institution-affiliated party of a depository institution or insured
 credit union shall be considered to be acting in a fiduciary capacity with
 respect to the purposes of subsection (a) (4) or (11).'; and
 (3) in subsection (c)--
 (A) by inserting `(1)' after `(c)'; and
 (B) by adding at the end the following:
 `(2) Paragraph (1) shall not apply in the case of a Federal depository
 institutions regulatory agency seeking, in its capacity as conservator,
 receiver, or liquidating agent for an insured depository institution,
 to recover a debt described in subsection (a)(2), (a)(4), (a)(6), or
 (a)(11) owed to such institution by an institution-affiliated party unless
 the receiver, conservator, or liquidating agent was appointed in time to
 reasonably comply, or for a Federal depository institutions regulatory
 agency acting in its corporate capacity as a successor to such receiver,
 conservator, or liquidating agent to reasonably comply, with subsection
 (a)(3)(B) as a creditor of such institution-affiliated party with respect
 to such debt.'.
 (b) EXCEPTION TO EXEMPTIONS- Section 522(c) of title 11, United States Code,
 is amended--
 (1) in paragraph (1) by striking `or' at the end;
 (2) in paragraph (2) by striking the period and inserting `; or'; and
 (3) by adding at the end the following:
 `(3) a debt of a kind specified in section 523(a)(4) or 523(a)(6) of this
 title owed by an institution-affiliated party of an insured depository
 institution to a Federal depository institutions regulatory agency acting
 in its capacity as conservator, receiver, or liquidating agent for such
 institution.'.
 (c) ASSUMPTION OF COMMITMENTS AS EXECUTORY CONTRACTS- Section 365 of title
 11, United States Code, is amended by adding at the end thereof the following:
 `(o) In a case under chapter 11 of this title, the trustee shall be deemed to
 have assumed (consistent with the debtor's other obligations under section
 507), and shall immediately cure any deficit under, any commitment by
 the debtor to the Federal Deposit Insurance Corporation, the Resolution
 Trust Corporation, the Director of the Office of Thrift Supervision,
 the Comptroller of the Currency, or the Board of Governors of the Federal
 Reserve System, or its predecessors or successors, to maintain the capital
 of an insured depository institution, and any claim for a subsequent breach
 of the obligations thereunder shall be entitled to priority under section
 507. This subsection shall not extend any commitment that would otherwise
 be terminated by any act of such an agency.'.
 (d) COMMITMENTS TO MAINTAIN THE CAPITAL OF FEDERALLY INSURED DEPOSITORY
 INSTITUTIONS- Section 507(a) of title 11, United States Code, is amended
 by adding at the end the following new paragraph:
 `(8) Eighth, allowed unsecured claims based upon any commitment by the
 debtor to the Federal Deposit Insurance Corporation, the Resolution Trust
 Corporation, the Director of the Office of Thrift Supervision, the Comptroller
 of the Currency, or the Board of Governors of the Federal Reserve System,
 or their predecessors or successors, to maintain the capital of an insured
 depository institution.'.
 (e) DEFINITIONS- Section 101 of title 11, United States Code, is amended--
 (1) by redesignating paragraphs (32) through (53) as paragraphs (36) through
 (57), respectively;
 (2) by inserting before paragraph (36), as so redesignated, the following:
 `(33) `institution-affiliated party'--
 `(A) with respect to an insured depository institution (as defined in section
 3(c)(2) of the Federal Deposit Insurance Act), has the meaning given it in
 section 3(u) of the Federal Deposit Insurance Act (12 U.S.C. 1813(u)); and
 `(B) with respect to an insured credit union, has the meaning given it in
 section 206(r) of the Federal Credit Union Act (12 U.S.C. 1786(r));
 `(34) `insured credit union' has the meaning given it in section 101(7)
 of the Federal Credit Union Act (12 U.S.C. 1752(7));
 `(35) `insured depository institution'--
 `(A) has the meaning given it in section 3(c)(2) of the Federal Deposit
 Insurance Act (12 U.S.C. 1813(c)(2)); and
 `(B) includes an insured credit union (except in the case of paragraphs
 (3) and (33)(A) of this subsection);';
 (3) by redesignating paragraphs (3) through (31) as paragraphs (4) through
 (32), respectively; and
 (4) by inserting after paragraph (2) the following:
 `(3) `Federal depository institutions regulatory agency' means--
 `(A) with respect to an insured depository institution (as defined in section
 3(c)(2) of the Federal Deposit Insurance Act) for which no conservator
 or receiver has been appointed, the appropriate Federal banking agency
 (as defined in section 3(q) of such Act);
 `(B) with respect to an insured credit union (including an insured credit
 union for which the National Credit Union Administration has been appointed
 conservator or liquidating agent), the National Credit Union Administration;
 `(C) with respect to any insured depository institution for which the
 Resolution Trust Corporation has been appointed conservator or receiver,
 the Resolution Trust Corporation; and
 `(D) with respect to any insured depository institution for which the Federal
 Deposit Insurance Corporation has been appointed conservator or receiver,
 the Federal Deposit Insurance Corporation;'.
SEC. 2523. REGULATION OF GOLDEN PARACHUTES AND OTHER BENEFITS WHICH ARE
SUBJECT TO MISUSE.
 (a) FDIC INSURED DEPOSITORY INSTITUTIONS- Section 18 of the Federal Deposit
 Insurance Act (12 U.S.C. 1828) is amended by inserting after subsection
 (j) the following new subsection:
 `(k) AUTHORITY TO REGULATE OR PROHIBIT CERTAIN FORMS OF BENEFITS TO
 INSTITUTION-AFFILIATED PARTIES-
 `(1) GOLDEN PARACHUTES AND INDEMNIFICATION PAYMENTS- The Corporation may
 prohibit or limit, by regulation or order, any golden parachute payment or
 indemnification payment.
 `(2) FACTORS TO BE TAKEN INTO ACCOUNT- The Corporation shall prescribe,
 by regulation, the factors to be considered by the Corporation in taking
 any action pursuant to paragraph (1) which may include such factors as
 the following:
 `(A) Whether there is a reasonable basis to believe that the
 institution-affiliated party has committed any fraudulent act or omission,
 breach of trust or fiduciary duty, or insider abuse with regard to the
 depository institution or depository institution holding company that has
 had a material affect on the financial condition of the institution.
 `(B) Whether there is a reasonable basis to believe that the
 institution-affiliated party is substantially responsible for the insolvency
 of the depository institution or depository institution holding company, the
 appointment of a conservator or receiver for the depository institution,
 or the depository institution's troubled condition (as defined in the
 regulations prescribed pursuant to section 32(f)).
 `(C) Whether there is a reasonable basis to believe that the
 institution-affiliated party has materially violated any applicable Federal
 or State banking law or regulation that has had a material affect on the
 financial condition of the institution.
 `(D) Whether there is a reasonable basis to believe that the
 institution-affiliated party has violated or conspired to violate--
 `(i) section 215, 656, 657, 1005, 1006, 1007, 1014, 1032, or 1344 of title
 18, United States Code; or
 `(ii) section 1341 or 1343 of such title affecting a federally insured
 financial institution.
 `(E) Whether the institution-affiliated party was in a position of managerial
 or fiduciary responsibility.
 `(F) The length of time the party was affiliated with the insured depository
 institution or depository institution holding company and the degree
 to which--
 `(i) the payment reasonably reflects compensation earned over the period
 of employment; and
 `(ii) the compensation involved represents a reasonable payment for services
 rendered.
 `(3) CERTAIN PAYMENTS PROHIBITED- No insured depository institution or
 depository institution holding company may prepay the salary or any liability
 or legal expense of any institution-affiliated party if such payment is made--
 `(A) in contemplation of the insolvency of such institution or holding
 company or after the commission of an act of insolvency; and
 `(B) with a view to, or has the result of--
 `(i) preventing the proper application of the assets of the institution to
 creditors; or
 `(ii) preferring one creditor over another.
 `(4) GOLDEN PARACHUTE PAYMENT DEFINED- For purposes of this subsection--
 `(A) IN GENERAL- The term `golden parachute payment' means any payment
 (or any agreement to make any payment) in the nature of compensation by any
 insured depository institution or depository institution holding company for
 the benefit of any institution-affiliated party pursuant to an obligation
 of such institution or holding company that--
 `(i) is contingent on the termination of such party's affiliation with the
 institution or holding company; and
 `(ii) is received on or after the date on which--
 `(I) the insured depository institution or depository institution holding
 company, or any insured depository institution subsidiary of such holding
 company, is insolvent;
 `(II) any conservator or receiver is appointed for such institution; or
 `(III) the institution's appropriate Federal banking agency determines that
 the insured depository institution is in a troubled condition (as defined
 in the regulations prescribed pursuant to section 32(f));
 `(IV) the insured depository institution has been assigned a composite
 rating by the appropriate Federal banking agency or the Corporation of 4
 or 5 under the Uniform Financial Institutions Rating System; or
 `(V) the insured depository institution is subject to a proceeding initiated
 by the Corporation to terminate or suspend deposit insurance for such
 institution.
 `(B) CERTAIN PAYMENTS IN CONTEMPLATION OF AN EVENT- Any payment which would
 be a golden parachute payment but for the fact that such payment was made
 before the date referred to in subparagraph (A)(ii) shall be treated as a
 golden parachute payment if the payment was made in contemplation of the
 occurrence of an event described in any subclause of such subparagraph.
 `(C) CERTAIN PAYMENTS NOT INCLUDED- The term `golden parachute payment'
 shall not include--
 `(i) any payment made pursuant to a retirement plan which is qualified
 (or is intended to be qualified) under section 401 of the Internal Revenue
 Code of 1986 or other nondiscriminatory benefit plan;
 `(ii) any payment made pursuant to a bona fide deferred compensation plan
 or arrangement which the Board determines, by regulation or order, to be
 permissible; or
 `(iii) any payment made by reason of the death or disability of an
 institution-affiliated party.
 `(5) OTHER DEFINITIONS- For purposes of this subsection--
 `(A) INDEMNIFICATION PAYMENT- Subject to paragraph (6), the term
 `indemnification payment' means any payment (or any agreement to
 make any payment) by any insured depository institution or depository
 institution holding company for the benefit of any person who is or was
 an institution-affiliated party, to pay or reimburse such person for any
 liability or legal expense with regard to any administrative proceeding
 or civil action instituted by the appropriate Federal banking agency which
 results in a final order under which such person--
 `(i) is assessed a civil money penalty;
 `(ii) is removed or prohibited from participating in conduct of the affairs
 of the insured depository institution; or
 `(iii) is required to take any affirmative action described in section
 8(b)(6) with respect to such institution.
 `(B) LIABILITY OR LEGAL EXPENSE- The term `liability or legal expense' means--
 `(i) any legal or other professional expense incurred in connection with
 any claim, proceeding, or action;
 `(ii) the amount of, and any cost incurred in connection with, any settlement
 of any claim, proceeding, or action; and
 `(iii) the amount of, and any cost incurred in connection with, any judgment
 or penalty imposed with respect to any claim, proceeding, or action.
 `(C) PAYMENT- The term `payment' includes--
 `(i) any direct or indirect transfer of any funds or any asset; and
 `(ii) any segregation of any funds or assets for the purpose of making, or
 pursuant to an agreement to make, any payment after the date on which such
 funds or assets are segregated, without regard to whether the obligation
 to make such payment is contingent on--
 `(I) the determination, after such date, of the liability for the payment
 of such amount; or
 `(II) the liquidation, after such date, of the amount of such payment.
 `(6) CERTAIN COMMERCIAL INSURANCE COVERAGE NOT TREATED AS COVERED BENEFIT
 PAYMENT- No provision of this subsection shall be construed as prohibiting
 any insured depository institution or depository institution holding company
 from purchasing any commercial insurance policy or fidelity bond, except
 that, subject to any requirement described in paragraph (5)(A)(iii), such
 insurance policy or bond shall not cover any legal or liability expense of
 the institution or holding company which is described in paragraph (5)(A).'.
 (b) NCUA INSURED CREDIT UNIONS DEPOSITORY INSTITUTIONS- Section 206 of the
 Federal Credit Union Act (12 U.S.C. 1786) is amended by adding at the end
 the following new subsection:
 `(t) Regulation of Certain Forms of Benefits to Institution-Affiliated
 Parties-
 `(1) GOLDEN PARACHUTES AND INDEMNIFICATION PAYMENTS- The Board may prohibit or
 limit, by regulation or order, any golden parachute payment or indemnification
 payment.
 `(2) FACTORS TO BE TAKEN INTO ACCOUNT- The Board shall prescribe, by
 regulation, the factors to be considered by the Board in taking any action
 pursuant to paragraph (1) which may include such factors as the following:
 `(A) Whether there is a reasonable basis to believe that the
 institution-affiliated party has committed any fraudulent act or omission,
 breach of trust or fiduciary duty, or insider abuse with regard to the
 credit union that has had a material affect on the financial condition of
 the credit union.
 `(B) Whether there is a reasonable basis to believe that the
 institution-affiliated party is substantially responsible for the insolvency
 of the credit union, the appointment of a conservator or liquidating agent
 for the credit union, or the credit union's troubled condition (as defined
 in prescribed by the Board pursuant to paragraph (4)(A)(ii)(III)).
 `(C) Whether there is a reasonable basis to believe that the
 institution-affiliated party has materially violated any applicable Federal
 or State banking law or regulation that has had a material affect on the
 financial condition of the credit union.
 `(D) Whether there is a reasonable basis to believe that the
 institution-affiliated party has violated or conspired to violate--
 `(i) section 215, 656, 657, 1005, 1006, 1007, 1014, 1032, or 1344 of title
 18, United States Code; or
 `(ii) section 1341 or 1343 of such title affecting a financial institution.
 `(E) Whether the institution-affiliated party was in a position of managerial
 or fiduciary responsibility.
 `(F) The length of time the party was affiliated with the credit union and
 the degree to which--
 `(i) the payment reasonably reflects compensation earned over the period
 of employment; and
 `(ii) the compensation involved represents a reasonable payment for services
 rendered.
 `(3) CERTAIN PAYMENTS PROHIBITED- No credit union may prepay the salary or
 any liability or legal expense of any institution-affiliated party if such
 payment is made--
 `(A) in contemplation of the insolvency of such credit union or after the
 commission of an act of insolvency; and
 `(B) with a view to, or has the result of--
 `(i) preventing the proper application of the assets of the credit union; or
 `(ii) preferring one creditor over another.
 `(4) GOLDEN PARACHUTE PAYMENT DEFINED- For purposes of this subsection--
 `(A) IN GENERAL- The term `golden parachute payment' means any payment
 (or any agreement to make any payment) in the nature of compensation by any
 credit union for the benefit of any institution-affiliated party pursuant
 to an obligation of such credit union that--
 `(i) is contingent on the termination of such party's affiliation with the
 credit union; and
 `(ii) is received on or after the date on which--
 `(I) the credit union is insolvent;
 `(II) any conservator or liquidating agent is appointed for such credit
 union; or
 `(III) the Board determines that the credit union is in a troubled condition
 (as defined in regulations which the Board shall prescribe);
 `(IV) the credit union has been assigned a composite rating by the Board of
 4 or 5 under the Uniform Financial Institutions Rating System (as applicable
 with respect to credit unions); or
 `(V) the credit union is subject to a proceeding initiated by the Board to
 terminate or suspend deposit insurance for such credit union.
 `(B) CERTAIN PAYMENTS IN CONTEMPLATION OF AN EVENT- Any payment which would
 be a golden parachute payment but for the fact that such payment was made
 before the date referred to in subparagraph (A)(ii) shall be treated as a
 golden parachute payment if the payment was made in contemplation of the
 occurrence of an event described in any subclause of such subparagraph.
 `(C) CERTAIN PAYMENTS NOT INCLUDED- The term `golden parachute payment'
 shall not include--
 `(i) any payment made pursuant to a retirement plan which is qualified
 (or is intended to be qualified) under section 401 of the Internal Revenue
 Code of 1986 or other nondiscriminatory retirement or severance benefit plan;
 `(ii) any payment made pursuant to a bona fide deferred compensation plan
 or arrangement which the Board determines, by regulation or order, to be
 permissible; or
 `(iii) any payment made by reason of the death or disability of an
 institution-affiliated party.
 `(5) OTHER DEFINITIONS- For purposes of this subsection--
 `(A) INDEMNIFICATION PAYMENT- Subject to paragraph (6), the term
 `indemnification payment' means any payment (or any agreement to make any
 payment) by any credit union for the benefit of any person who is or was
 an institution-affiliated party, to pay or reimburse such person for any
 liability or legal expense with regard to any administrative proceeding or
 civil action instituted by the Board which results in a final order under
 which such person--
 `(i) is assessed a civil money penalty;
 `(ii) is removed or prohibited from participating in conduct of the affairs
 of the credit union; or
 `(iii) is required to take any affirmative action described in section
 206(e)(3) with respect to such credit union.
 `(B) LIABILITY OR LEGAL EXPENSE- The term `liability or legal expense' means--
 `(i) any legal or other professional expense incurred in connection with
 any claim, proceeding, or action;
 `(ii) the amount of, and any cost incurred in connection with, any settlement
 of any claim, proceeding, or action; and
 `(iii) the amount of, and any cost incurred in connection with, any judgment
 or penalty imposed with respect to any claim, proceeding, or action.
 `(C) PAYMENT- The term `payment' includes--
 `(i) any direct or indirect transfer of any funds or any asset; and
 `(ii) any segregation of any funds or assets for the purpose of making, or
 pursuant to an agreement to make, any payment after the date on which such
 funds or assets are segregated, without regard to whether the obligation
 to make such payment is contingent on--
 `(I) the determination, after such date, of the liability for the payment
 of such amount; or
 `(II) the liquidation, after such date, of the amount of such payment.
 `(6) CERTAIN COMMERCIAL INSURANCE COVERAGE NOT TREATED AS COVERED BENEFIT
 PAYMENT- No provision of this subsection shall be construed as prohibiting any
 credit union from purchasing any commercial insurance policy or fidelity bond,
 except that, subject to any requirement described in paragraph (5)(A)(iii),
 such insurance policy or bond shall not cover any legal or liability expense
 of the credit union which is described in paragraph (5)(A).'.
SEC. 2524. AMENDMENTS RELATING TO CIVIL FORFEITURE.
 Section 981 of title 18, United States Code, is amended--
 (1) in subsection (a)(1)(C)--
 (A) by inserting `1032,' after `1014,'; and
 (B) by inserting `or a violation of section 1341 or 1343 of such title
 affecting a financial institution' before the period;
 (2) in subsection (b)--
 (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B),
 respectively; and
 (B) by striking all that appears before subparagraph (A) (as so redesignated
 by subparagraph (A) of this paragraph) and inserting the following:
 `(b)(1) Any property--
 `(A) subject to forfeiture to the United States under subparagraph (A) or
 (B) of subsection (a)(1) of this section--
 `(i) may be seized by the Attorney General; or
 `(ii) in the case of property involved in a violation of section 5313(a)
 or 5324 of title 31, United States Code, or section 1956 or 1957 of this
 title investigated by the Secretary of the Treasury or the United States
 Postal Service, may be seized by the Secretary of the Treasury or the Postal
 Service; and
 `(B) subject to forfeiture to the United States under subparagraph (C) of
 subsection (a)(1) of this section may be seized by the Attorney General,
 the Secretary of the Treasury, or the Postal Service.
 `(2) Property shall be seized under paragraph (1) of this subsection upon
 process issued pursuant to the Supplemental Rules for certain Admiralty
 and Maritime Claims by any district court of the United States having
 jurisdiction over the property, except that seizure without such process
 may be made when--';
 (3) in subsection (e)(3), by striking `(if the affected financial institution
 is in receivership or liquidation)'; and
 (4) in subsection (e)(4), by striking `(if the affected financial institution
 is not in receivership or liquidation)'.
SEC. 2525. CIVIL AND CRIMINAL FORFEITURE FOR FRAUD IN THE SALE OF ASSETS BY
THE RESOLUTION TRUST CORPORATION, FDIC, OR NCUA.
 (a) CIVIL FORFEITURE-
 (1) IN GENERAL- Section 981(a)(1) of title 18, United States Code, is
 amended by adding the following new subparagraphs:
 `(D) Any property, real or personal, which represents or is traceable to
 the gross receipts obtained, directly or indirectly, from a violation of--
 `(i) section 666(a)(1) (relating to Federal program fraud);
 `(ii) section 1001 (relating to fraud and false statements);
 `(iii) section 1031 (relating to major fraud against the United States);
 `(iv) section 1032 (relating to concealment of assets from conservator or
 receiver of insured financial institution);
 `(v) section 1341 (relating to mail fraud); or
 `(vi) section 1343 (relating to wire fraud),
if such violation relates to the sale of assets acquired or held by the
Resolution Trust Corporation, the Federal Deposit Insurance Corporation, as
conservator or receiver for a financial institution, or any other conservator
for a financial institution appointed by the Office of the Comptroller of
the Currency or the Office of Thrift Supervision or the National Credit
Union Administration, as conservator or liquidating agent for a financial
institution.
 `(E) With respect to an offense listed in subsection (a)(1)(D) committed for
 the purpose of executing or attempting to execute any scheme or artifice to
 defraud, or for obtaining money or property by means of false or fraudulent
 statements, pretenses, representations or promises, the gross receipts of
 such an offense shall include all property, real or personal, tangible or
 intangible, which thereby is obtained, directly or indirectly.'.
 (2) TECHNICAL AND CONFORMING AMENDMENT- Section 981(e) of title 18, United
 States Code, is amended by inserting after paragraph (6) (as added by
 section 108(3) of this Act) the following new paragraph:
 `(7) In the case of property referred to in subsection (a)(1)(D), to the
 Resolution Trust Corporation, the Federal Deposit Insurance Corporation,
 or any other Federal financial institution regulatory agency (as defined
 in section 8(e)(7)(D) of the Federal Deposit Insurance Act).'.
 (b) CRIMINAL FORFEITURE- Section 982(a) of title 18, United States Code,
 is amended by adding the following new paragraphs:
 `(3) The court, in imposing a sentence on a person convicted of an offense
 under--
 `(A) section 666(a)(1) (relating to Federal program fraud);
 `(B) section 1001 (relating to fraud and false statements);
 `(C) section 1031 (relating to major fraud against the United States);
 `(D) section 1032 (relating to concealment of assets from conservator,
 receiver, or liquidating agent of insured financial institution);
 `(E) section 1341 (relating to mail fraud); or
 `(F) section 1343 (relating to wire fraud),
involving the sale of assets acquired or held by the Resolution Trust
Corporation, the Federal Deposit Insurance Corporation, as conservator or
receiver for a financial institution or any other conservator for a financial
institution appointed by the Office of the Comptroller of the Currency or the
Office of Thrift Supervision, or the National Credit Union Administration,
as conservator or liquidating agent for a financial institution, shall order
that the person forfeit to the United States any property, real or personal,
which represents or is traceable to the gross receipts obtained, directly
or indirectly, as a result of such violation.
 `(4) With respect to an offense listed in subsection (a)(3) committed for
 the purpose of executing or attempting to execute any scheme or artifice to
 defraud, or for obtaining money or property by means of false or fraudulent
 statements, pretenses, representations, or promises, the gross receipts
 of such an offense shall include any property, real or personal, tangible
 or intangible, which is obtained, directly or indirectly, as a result of
 such offense.'.
SEC. 2526. PROHIBITION ON ACQUISITIONS FROM CONSERVATORS AND RECEIVERS OF
DEPOSITORY INSTITUTIONS BY CONVICTED FELONS.
 (a) FDIC INSURED DEPOSITORY INSTITUTIONS- Section 11 of the Federal Deposit
 Insurance Act (12 U.S.C. 1821) is amended by adding at the end the following
 new subsection:
 `(p) CERTAIN CONVICTED DEBTORS PROHIBITED FROM PURCHASING ASSETS-
 `(1) CONVICTED DEBTORS- Except as provided in paragraph (2), any individual
 who--
 `(A) has been convicted of an offense under section 215, 656, 657, 1005, 1006,
 1007, 1008, 1014, 1032, 1341, 1343, or 1344 of title 18, United States Code,
 or of conspiring to commit such an offense, affecting any insured depository
 institution for which any conservator or receiver has been appointed; and
 `(B) is in default on any loan or other extension of credit from such insured
 depository institution which, if not paid, will cause substantial loss to
 the institution, any deposit insurance fund, the Corporation, the FSLIC
 Resolution Fund, or the Resolution Trust Corporation,
may not purchase any asset of such institution from the conservator or
receiver.
 `(2) SETTLEMENT OF CLAIMS- Paragraph (1) shall not apply to the sale or
 transfer by the Corporation of any asset of any insured depository institution
 to any individual if the sale or transfer of the asset resolves or settles,
 or is part of the resolution or settlement, of--
 `(A) 1 or more claims that have been, or could have been, asserted by the
 Corporation against the individual; or
 `(B) obligations owed by the individual to any insured depository
 institution, the FSLIC Resolution Fund, the Resolution Trust Corporation,
 or the Corporation.'.
 (b) INSURED CREDIT UNIONS- Section 207 of the Federal Credit Union Act
 (12 U.S.C. 1787) is amended by adding at the end the following new subsection:
 `(q) Prohibition on Certain Acquisitions of Assets-
 `(1) CONVICTED DEBTORS- Except as provided in paragraph (2), any individual
 who--
 `(A) has been convicted of an offense under section 215, 657, 1006, 1014,
 1032, 1341, 1343, or 1344 of title 18, United States Code, or of conspiring
 to commit any such offense, affecting any insured credit union for which
 the Board is appointed conservator or liquidating agent; and
 `(B) is in default on any loan or other extension of credit from such insured
 credit union which, if not paid, will cause substantial loss to the credit
 union, the National Credit Union Share Insurance Fund, or the Board,
may not purchase any asset of such credit union from the conservator or
liquidating agent.
 `(2) SETTLEMENT OF CLAIMS- Paragraph (1) shall not apply to the sale or
 transfer by the Board of any asset of any insured credit union to any
 individual if the sale or transfer of the asset resolves or settles, or is
 part of the resolution or settlement, of--
 `(A) 1 or more claims that have been, or could have been, asserted by the
 Board against the individual; or
 `(B) obligations owed by the individual to the insured credit union or
 the Board.'.
 (c) LIMITATION ON RTC ASSET SALES- Section 21A(f) of the Federal Home Loan
 Bank Act (12 U.S.C. 1441a(f)) is amended to read as follows:
 `(f) Limitation on Certain Corporation Activities-
 `(1) CERTAIN SALES PROHIBITED- The Corporation shall prescribe regulations
 to prohibit the sale of assets of a failed institution by the Corporation
 to any person who--
 `(A)(i) has defaulted, or was a member of a partnership or an officer or
 director of a corporation which has defaulted, on 1 or more obligations
 the aggregate amount of which exceed $1,000,000 to such failed institution;
 `(ii) has been found to have engaged in fraudulent activity in connection
 with any obligation referred to in clause (i); and
 `(iii) proposes to purchase any such asset in whole or in part through the
 use of the proceeds of a loan or advance of credit from the Corporation or
 from any institution subject to the jurisdiction of the Corporation pursuant
 to paragraph (3)(A);
 `(B) participated, as an officer or director of such failed institution
 or of any affiliate of such institution, in a material way in transactions
 that resulted in a substantial loss to such failed institution;
 `(C) has been removed from, or prohibited from participating in the affairs
 of, such failed institution pursuant to any final enforcement action by an
 appropriate Federal banking agency; or
 `(D) has demonstrated a pattern or practice of defalcation regarding
 obligations to such failed institution.
 `(2) Settlement of claims; definitions-
 `(A) SETTLEMENT OF CLAIMS- Nothing in this subsection shall prohibit the
 Corporation from selling or otherwise transferring any asset to any person
 if the sale or transfer of the asset resolves or settles, or is part of the
 resolution or settlement, of obligations owed by the person to the failed
 institution or the Corporation.
 `(B) DEFINITIONS- For purposes of paragraph (1)--
 `(i) DEFAULT- The term `default' means a failure to comply with the terms
 of a loan or other obligation to such an extent that the property securing
 the obligation is foreclosed upon.
 `(ii) AFFILIATE- The term `affiliate' has the meaning given to such term
 in section 2(k) of the Bank Holding Company Act of 1956.'.
SEC. 2527. EXPEDITED PROCEDURES FOR CERTAIN CLAIMS.
 (a) EXPEDITED PROCEDURES FOR CERTAIN CLAIMS- Section 11 of the Federal Deposit
 Insurance Act (12 U.S.C. 1821) is amended by inserting after subsection (p)
 (as added by section 2526 of this title) the following new subsection:
 `(q) EXPEDITED PROCEDURES FOR CERTAIN CLAIMS-
 `(1) TIME FOR FILING NOTICE OF APPEAL- The notice of appeal of any order,
 whether interlocutory or final, entered in any case brought by the Corporation
 against an insured depository institution's director, officer, employee,
 agent, attorney, accountant, or appraiser or any other person employed by
 or providing services to an insured depository institution shall be filed
 not later than 30 days after the date of entry of the order. The hearing
 of the appeal shall be decided not later than 120 days after the date of
 the notice of appeal. The appeal shall be decided not later than 180 days
 after the date of the notice of appeal.
 `(2) SCHEDULING- Consistent with section 1657 of title 18, United States
 Code, a court of the United States shall expedite the consideration of any
 case brought by the Corporation against an insured depository institution's
 director, officer, employee, agent, attorney, accountant, or appraiser or
 any other person employed by or providing services to an insured depository
 institution. As far as practicable the court shall give such case priority
 on its docket.
 `(3) JUDICIAL DISCRETION- The court may modify the schedule and limitations
 stated in paragraphs (1) and (2) in a particular case, based on a specific
 finding that the ends of justice that would be served by making such a
 modification would outweigh the best interest of the public in having the
 case resolved expeditiously.'.
 (b) CONFORMING AMENDMENT- Section 1657 of title 18, United States Code,
 is amended by inserting `section 11, 12, or 13 of the Federal Deposit
 Insurance Act' after `consideration of any action brought under'.
SEC. 2528. FRAUDULENT CONVEYANCES AVOIDABLE BY CONSERVATORS AND RECEIVERS.
 (a) INSURED DEPOSITORY INSTITUTIONS OTHER THAN INSURED CREDIT UNIONS-
 Section 11(d) of the Federal Deposit Insurance Act (12 U.S.C. 1821(d))
 is amended by adding at the end the following new paragraph:
 `(17) FRAUDULENT TRANSFERS-
 `(A) IN GENERAL- The Corporation, as conservator or receiver for any insured
 depository institution, and any conservator appointed by the Comptroller of
 the Currency or the Director of the Office of Thrift Supervision may avoid
 a transfer of any interest of an institution-affiliated party, or any person
 who the Corporation or conservator determines is a debtor of the institution,
 in property, or any obligation incurred by such party or person, that was
 made within 5 years of the date on which the Corporation or conservator
 was appointed conservator or receiver if such party or person voluntarily
 or involuntarily made such transfer or incurred such liability with the
 intent to hinder, delay, or defraud the insured depository institution,
 the Corporation or other conservator, or any other appropriate Federal
 banking agency.
 `(B) RIGHT OF RECOVERY- To the extent a transfer is avoided under subparagraph
 (A), the Corporation or any conservator described in such subparagraph
 may recover, for the benefit of the insured depository institution, the
 property transferred, or, if a court so orders, the value of such property
 (at the time of such transfer) from--
 `(i) the initial transferee of such transfer or the institution-affiliated
 party or person for whose benefit such transfer was made; or
 `(ii) any immediate or mediate transferee of any such initial transferee.
 `(C) RIGHTS OF TRANSFEREE OR OBLIGEE- The Corporation or any conservator
 described in subparagraph (A) may not recover under subparagraph (B) from--
 `(i) any transferee that takes for value, including satisfaction or securing
 of a present or antecedent debt, in good faith; or
 `(ii) any immediate or mediate good faith transferee of such transferee.
 `(D) RIGHTS UNDER THIS PARAGRAPH- The rights under this paragraph of the
 Corporation and any conservator described in subparagraph (A) shall be
 superior to any rights of a trustee or any other party (other than any
 party which is a Federal agency) under title 11, United States Code.'.
 (b) INSURED CREDIT UNIONS- Section 207(b) of the Federal Credit Union Act (12
 U.S.C. 1787(b)) is amended by adding at the end the following new paragraph:
 `(16) FRAUDULENT TRANSFERS-
 `(A) IN GENERAL- The Board, as conservator or liquidating agent for
 any insured credit union, may avoid a transfer of any interest of an
 institution-affiliated party, or any person who the Board determines is a
 debtor of the institution, in property, or any obligation incurred by such
 party or person, that was made within 5 years of the date on which the Board
 becomes conservator or liquidating agent if such party or person voluntarily
 or involuntarily made such transfer or incurred such liability with the
 intent to hinder, delay, or defraud the insured credit union or the Board.
 `(B) RIGHT OF RECOVERY- To the extent a transfer is avoided under subparagraph
 (A), the Board may recover, for the benefit of the insured credit union, the
 property transferred, or, if a court so orders, the value of such property
 (at the time of such transfer) from--
 `(i) the initial transferee of such transfer or the institution-affiliated
 party or person for whose benefit such transfer was made; or
 `(ii) any immediate or mediate transferee of any such initial transferee.
 `(C) RIGHTS OF TRANSFEREE OR OBLIGEE- The Board may not recover under
 subparagraph (B) from--
 `(i) any transferee that takes for value, including satisfaction or securing
 of a present or antecedent debt, in good faith; or
 `(ii) any immediate or mediate good faith transferee of such transferee.
 `(D) RIGHTS UNDER THIS PARAGRAPH- The rights of the Board under this paragraph
 shall be superior to any rights of a trustee or any other party (other than
 any party which is a Federal agency) under title 11, United States Code.'.
Subtitle C--Improved Procedures for Handling Banking-Related Cases
SEC. 2531. WIRETAP AUTHORITY FOR BANK FRAUD AND RELATED OFFENSES; TECHNICAL
AMENDMENTS TO WIRETAP LAW.
 Section 2516 of title 18, United States Code, is amended--
 (1) in paragraph (1)(c)--
 (A) by inserting `section 215 (relating to bribery of bank officials),'
 before `section 224';
 (B) by inserting `section 1014 (relating to loans and credit applications
 generally; renewals and discounts),' before `sections 1503,';
 (C) by inserting `section 1032 (relating to concealment of assets),' before
 `section 1084';
 (D) by inserting `section 1344 (relating to bank fraud),' before `sections
 2251 and 2252'; and
 (E) by striking `the section in chapter 65 relating to destruction of an
 energy facility,'; and
 (2) in paragraph (1)--
 (A) by striking the 1st subparagraph which is designated as `(m)';
 (B) by striking `and' at the end of the 2d subparagraph designated as
 `(m)' (as determined before the amendment made by subparagraph (A) of
 this paragraph);
 (C) by striking the period at the end of subparagraph (n) and inserting `;
 and'; and
 (D) by adding at the end the following new subparagraph:
 `(o) any conspiracy to commit any offense described in any subparagraph of
 this paragraph.'; and
 (3) in paragraph (1)(j), by striking `any violation of section 1679(c)(2)
 (relating to destruction of a natural gas pipeline) or subsection (i) or
 (n) of section 1472 (relating to aircraft piracy) of title 49, of the United
 States Code' and inserting `any violation of section 11(c)(2) of the Natural
 Gas Pipeline Safety Act of 1968 (relating to destruction of a natural gas
 pipeline) or subsection (i) or (n) of section 902 of the Federal Aviation
 Act of 1958 (relating to aircraft piracy)'.
SEC. 2532. FOREIGN INVESTIGATIONS BY FEDERAL BANKING AGENCIES AND
INVESTIGATIONS ON BEHALF OF FOREIGN BANKING AUTHORITIES.
 (a) APPROPRIATE FEDERAL BANKING AGENCIES, GENERALLY- Section 8 of the
 Federal Deposit Insurance Act (12 U.S.C. 1818) is amended by adding at the
 end thereof the following new subsection:
 `(v) FOREIGN INVESTIGATIONS-
 `(1) REQUESTING ASSISTANCE FROM FOREIGN BANKING AUTHORITIES- In conducting
 any investigation, examination, or enforcement action under this Act,
 the appropriate Federal banking agency may--
 `(A) request the assistance of any foreign banking authority; and
 `(B) maintain an office outside the United States.
 `(2) PROVIDING ASSISTANCE TO FOREIGN BANKING AUTHORITIES-
 `(A) IN GENERAL- Any appropriate Federal banking agency may, at the request
 of any foreign banking authority, assist such authority if such authority
 states that the requesting authority is conducting an investigation to
 determine whether any person has violated, is violating, or is about to
 violate any law or regulation relating to banking matters or currency
 transactions administered or enforced by the requesting authority.
 `(B) INVESTIGATION BY FEDERAL BANKING AGENCY- Any appropriate Federal banking
 agency may, in such agency's discretion, investigate and collect information
 and evidence pertinent to a request for assistance under subparagraph
 (A). Any such investigation shall comply with the laws of the United States
 and the policies and procedures of the appropriate Federal banking agency.
 `(C) FACTORS TO CONSIDER- In deciding whether to provide assistance under
 this paragraph, the appropriate Federal banking agency shall consider--
 `(i) whether the requesting authority has agreed to provide reciprocal
 assistance with respect to banking matters within the jurisdiction of any
 appropriate Federal banking agency; and
 `(ii) whether compliance with the request would prejudice the public interest
 of the United States.
 `(D) TREATMENT OF FOREIGN BANKING AUTHORITY- For purposes of any Federal law
 or appropriate Federal banking agency regulation relating to the collection
 or transfer of information by any appropriate Federal banking agency, the
 foreign banking authority shall be treated as another appropriate Federal
 banking agency.
 `(3) RULE OF CONSTRUCTION- Paragraphs (1) and (2) shall not be construed to
 limit the authority of an appropriate Federal banking agency or any other
 Federal agency to provide or receive assistance or information to or from
 any foreign authority with respect to any matter.'.
 (b) FOREIGN INVESTIGATIONS BY FDIC AND RTC AS CONSERVATOR OR RECEIVER-
 Section 11 of the Federal Deposit Insurance Act (12 U.S.C. 1821) is amended
 by inserting after subsection (q) (as added by section 2527 of this Act)
 the following new subsection:
 `(r) FOREIGN INVESTIGATIONS- The Corporation and the Resolution Trust
 Corporation, as conservator or receiver of any insured depository institution
 and for purposes of carrying out any power, authority, or duty with respect
 to an insured depository institution--
 `(1) may request the assistance of any foreign banking authority and
 provide assistance to any foreign banking authority in accordance with
 section 8(v); and
 `(2) may each maintain an office to coordinate foreign investigations or
 investigations on behalf of foreign banking authorities.'.
 (c) NATIONAL CREDIT UNION ADMINISTRATION, GENERALLY- Section 206 of the
 Federal Credit Union Act (12 U.S.C. 1786) is amended by inserting after
 subsection (t) (as added by section 2503(b) of this Act) the following
 new subsection:
 `(u) FOREIGN INVESTIGATIONS-
 `(1) REQUESTING ASSISTANCE FROM FOREIGN BANKING AUTHORITIES- In conducting
 any investigation, examination, or enforcement action under this Act,
 the Board may--
 `(A) request the assistance of any foreign banking authority; and
 `(B) maintain an office outside the United States.
 `(2) PROVIDING ASSISTANCE TO FOREIGN BANKING AUTHORITIES-
 `(A) IN GENERAL- The Board may, at the request of any foreign banking
 authority, assist such authority if such authority states that the requesting
 authority is conducting an investigation to determine whether any person
 has violated, is violating, or is about to violate any law or regulation
 relating to banking matters or currency transactions administered or enforced
 by the requesting authority.
 `(B) INVESTIGATION BY FEDERAL BANKING AGENCY- The Board may, in the Board's
 discretion, investigate and collect information and evidence pertinent to a
 request for assistance under subparagraph (A). Any such investigation shall
 comply with the laws of the United States and the policies and procedures
 of the Board.
 `(C) FACTORS TO CONSIDER- In deciding whether to provide assistance under
 this paragraph, the Board shall consider--
 `(i) whether the requesting authority has agreed to provide reciprocal
 assistance with respect to banking matters within the jurisdiction of the
 Board or any appropriate Federal banking agency; and
 `(ii) whether compliance with the request would prejudice the public interest
 of the United States.
 `(D) TREATMENT OF FOREIGN BANKING AUTHORITY- For purposes of any Federal law
 or Board regulation relating to the collection or transfer of information
 by the Board or any appropriate Federal banking agency, the foreign banking
 authority shall be treated as another appropriate Federal banking agency.
 `(3) RULE OF CONSTRUCTION- Paragraphs (1) and (2) shall not be construed
 to limit the authority of the Board or any other Federal agency to provide
 or receive assistance or information to or from any foreign authority with
 respect to any matter.'.
 (d) FOREIGN INVESTIGATIONS BY BOARD AS CONSERVATOR OR LIQUIDATING AGENT-
 Section 207 of the Federal Credit Union Act (12 U.S.C. 1787) is amended by
 inserting after subsection (q) (as added by section 2526(b) of this Act)
 the following new subsection:
 `(r) FOREIGN INVESTIGATIONS- The Board, as conservator or liquidating agent
 of any insured credit union and for purposes of carrying out any power,
 authority, or duty with respect to an insured credit union--
 `(1) may request the assistance of any foreign banking authority and
 provide assistance to any foreign banking authority in accordance with
 section 206(u); and
 `(2) may maintain an office to coordinate foreign investigations or
 investigations on behalf of foreign banking authorities.'.
SEC. 2533. EXTENSION OF STATUTE OF LIMITATIONS FOR CIVIL PENALTIES.
 Section 951 of the Financial Institutions Reform, Recovery, and Enforcement
 Act of 1989 (12 U.S.C. 1833a) is amended by adding at the end the following:
 `(g) STATUTE OF LIMITATIONS- A civil action under this section may not be
 commenced later than 10 years after the cause of action accrues.'.
SEC. 2534. CLARIFICATION OF SUBPOENA AUTHORITY FOR FDIC, RTC, AND NCUA ACTING
AS CONSERVATOR, RECEIVER, OR LIQUIDATING AGENT.
 (a) FDIC AND RTC AUTHORITY- Section 11(d)(2) of the Federal Deposit Insurance
 Act (12 U.S.C. 1821(d)(2)) is amended by redesignating subparagraph (I)
 as subparagraph (J) and by inserting after subparagraph (H) the following
 new subparagraph:
 `(I) SUBPOENA AUTHORITY-
 `(i) IN GENERAL- The Corporation may, as conservator, receiver, or exclusive
 manager and for purposes of carrying out any power, authority, or duty
 with respect to an insured depository institution (including determining
 any claim against the institution and determining and realizing upon any
 asset of any person in the course of collecting money due the institution),
 exercise any power established under section 8(n), and the provisions of such
 section shall apply with respect to the exercise of any such power under this
 subparagraph in the same manner as such provisions apply under such section.
 `(ii) AUTHORITY OF BOARD OF DIRECTORS- A subpoena or subpoena duces tecum
 may be issued under clause (i) only by, or with the written approval of,
 the Board of Directors or their designees (or, in the case of a subpoena or
 subpoena duces tecum issued by the Resolution Trust Corporation under this
 subparagraph and section 21A(b)(4), only by, or with the written approval
 of, the Board of Directors of such Corporation or their designees).
 `(iii) RULE OF CONSTRUCTION- This subsection shall not be construed as
 limiting any rights that the Corporation, in any capacity, might otherwise
 have under section 10(c) of this Act.'.
 (b) NCUA AUTHORITY- Section 207(b)(2) of the Federal Credit Union Act
 (12 U.S.C. 1787(b)(2)) is amended by redesignating subparagraph (I) (as
 so redesignated by section 202(b) of this Act) as subparagraph (J) and by
 inserting after subparagraph (H) (as added by such section) the following
 new subparagraph:
 `(I) SUBPOENA AUTHORITY-
 `(i) IN GENERAL- The Board may, as conservator or liquidating agent and
 for purposes of carrying out any power, authority, or duty with respect
 to an insured credit union (including determining any claim against the
 credit union and determining and realizing upon any asset of any person in
 the course of collecting money due the credit union), exercise any power
 established under section 206(p), and the provisions of such section shall
 apply with respect to the exercise of any such power under this subparagraph
 in the same manner as such provisions apply under such section.
 `(ii) AUTHORITY OF BOARD- A subpoena or subpoena duces tecum may be issued
 under clause (i) only by, or with the written approval of, the Board or
 their designees.
 `(iii) RULE OF CONSTRUCTION- This subsection shall not be construed as
 limiting any rights that the Board, in any capacity, might otherwise have
 under section 206(p).'.
Subtitle D--Structural Reforms to Improve the Federal Response to Crimes
Affecting Financial Institutions
SEC. 2536. ESTABLISHMENT OF FINANCIAL INSTITUTIONS CRIME UNIT AND OFFICE OF
SPECIAL COUNSEL FOR FINANCIAL INSTITUTIONS CRIME UNIT.
 (a) ESTABLISHMENT- There is established within the Office of the Deputy
 Attorney General in the Department of Justice a Financial Institutions Fraud
 Unit to be headed by a special counsel (hereafter in this title referred
 to as the `Special Counsel').
 (b) RESPONSIBILITY- The Financial Institutions Fraud Unit and the Special
 Counsel shall be responsible to and shall report directly to the Deputy
 Attorney General.
 (c) SUNSET- The provisions of this section shall cease to apply at the end
 of the 5-year period beginning on the date of the enactment of this Act.
SEC. 2537. APPOINTMENT RESPONSIBILITIES AND COMPENSATION OF THE SPECIAL
COUNSEL.
 (a) APPOINTMENT- The Special Counsel shall be appointed by the President,
 by and with the advice and consent of the Senate.
 (b) RESPONSIBILITIES- The Special Counsel shall--
 (1) supervise and coordinate investigations and prosecutions within the
 Department of Justice of fraud and other criminal activity in and against
 the financial services industry, including, to the extent consistent with the
 independent counsel provision of chapter 40 of title 28, United States Code,
 any such activity by any current or former elected official or high-level
 executive branch official or any member of the immediate family of any
 such official;
 (2) ensure that Federal law relating to civil enforcement, asset seizure
 and forfeiture, money laundering, and racketeering are used to the fullest
 extent authorized to recover the proceeds of unlawful activities from persons
 who have committed crimes in and against the financial services industry; and
 (3) ensure that adequate resources are made available for the investigation
 and prosecution of fraud and other criminal activity in and against the
 financial services industry.
 (c) COMPENSATION- The Special Counsel shall be paid at the basic pay payable
 for level V of the Executive Schedule.
SEC. 2538. ASSIGNMENT OF PERSONNEL.
 There shall be assigned to the Financial Institutions Fraud Unit such
 personnel as the Attorney General deems necessary to provide an appropriate
 level of enforcement activity in the area of fraud and other criminal
 activity in and against the financial services industry.
SEC. 2539. FINANCIAL INSTITUTIONS FRAUD TASK FORCES.
 (a) ESTABLISHMENT- The Attorney General shall establish such financial
 institutions fraud task forces as the Attorney General deems appropriate to
 ensure that adequate resources are made available to investigate and prosecute
 crimes in or against financial institutions and to recover the proceeds of
 unlawful activities from persons who have committed fraud or have engaged
 in other criminal activity in or against the financial services industry.
 (b) SUPERVISION- The Attorney General shall determine how each task force
 shall be supervised and may provide for the supervision of any task force
 by the Special Counsel.
 (c) SENIOR INTERAGENCY GROUP-
 (1) ESTABLISHMENT- The Attorney General shall establish a senior interagency
 group to assist in identifying the most significant financial institution
 fraud cases and in allocating investigative and prosecutorial resources
 where they are most needed.
 (2) MEMBERSHIP- The senior interagency group shall be chaired by the Special
 Counsel and shall include senior officials from--
 (A) the Department of Justice, including representatives of the Federal
 Bureau of Investigation, the Advisory Committee of United States Attorneys,
 and other relevant entities;
 (B) the Department of the Treasury;
 (C) the Office of Thrift Supervision;
 (D) the Resolution Trust Corporation;
 (E) the Federal Deposit Insurance Corporation;
 (F) the Office of the Comptroller of the Currency;
 (G) the Board of Governors of the Federal Reserve System; and
 (H) the National Credit Union Administration.
 (3) DUTIES- This senior interagency group shall enhance interagency
 coordination and assist in accelerating the investigations and prosecution
 of financial institutions fraud.
SEC. 2540. RTC ENFORCEMENT DIVISION.
 Section 21A(b)(12) of the Federal Home Loan Bank Act (12 U.S.C. 1441a(b)(12))
 is amended by adding at the end thereof the following new subparagraph:
 `(G) The Corporation shall maintain an executive-level position and
 dedicated staff to assist and advise the Corporation and other agencies
 in pursuing cases, civil claims, and administrative enforcement actions
 against institution-affiliated parties of insured depository institutions
 under the jurisdiction of the Corporation. These  personnel shall have such
 duties as the Corporation establishes, including the duty to compile and
 publish a report to the Congress on the coordinated pursuit of claims by all
 Federal financial institution regulatory agencies, including the Department
 of Justice and the Securities and Exchange Commission. The report shall be
 published before December 31, 1990 and updated semiannually after such date.'.
Subtitle E--Reporting Requirements
SEC. 2546. REPORTING REQUIREMENTS.
 (a) IN GENERAL-
 (1) DATA COLLECTION- The Attorney General shall compile and collect data
 concerning--
 (A) the nature and number of civil and criminal investigations, prosecutions,
 and related proceedings, and civil enforcement and recovery proceedings,
 in progress with respect to banking law offenses under sections 981, 1008,
 1032, and 3322(d) of title 18, United States Code, and section 951 of the
 Financial Institutions Reform, Recovery, and Enforcement Act of 1989 and
 conspiracies to commit any such offense, including inactive investigations
 of such offenses;
 (B) the number of--
 (i) investigations, prosecutions, and related proceedings described in
 subparagraph (A) which are inactive as of the close of the reporting period
 but have not been closed or declined; and
 (ii) unaddressed referrals which allege criminal misconduct involving
 offenses described in subparagraph (A),
and the reasons such matters are inactive and the referrals unaddressed;
 (C) the nature and number of such matters closed, settled, or litigated to
 conclusion; and
 (D) the results achieved, including convictions and pretrial diversions,
 fines and penalties levied, restitution assessed and collected, and damages
 recovered, in such matters.
 (2) ANALYSIS AND REPORT- The Attorney General shall analyze and report to the
 Congress on the data described in paragraph (1) and its coordination and other
 related activities named in section 2539(c)(2) and shall provide such report
 on the data monthly through December 31, 1991, and quarterly after such date.
 (b) SPECIFICS OF REPORT- The report required by subsection (a) shall--
 (1) categorize data as to various types of financial institutions and
 appropriate dollar loss categories;
 (2) disclose data for each Federal judicial district;
 (3) describe the activities of the Financial Institution Fraud Unit; and
 (4) list--
 (A) the number of institutions, categorized by failed and open institutions,
 in which evidence of significant fraud, unlawful activity, insider abuse
 or serious misconduct has been alleged or detected;
 (B) civil, criminal, and administrative enforcement actions, including
 those of the Federal financial institutions regulatory agencies, brought
 against offenders;
 (C) any settlements or judgments obtained against offenders;
 (D) indictments, guilty pleas, or verdicts obtained against offenders; and
 (E) the resources allocated in pursuit of investigations, prosecutions,
 and sentencings (including indictments, guilty pleas, or verdicts obtained
 against offenders) and related proceedings.
SEC. 2547. CIVIL DISCLOSURE.
 (a) Provisions Applicable to Federal Banking Agencies-
 (1) IN GENERAL- Section 8(u) of the Federal Deposit Insurance Act (12
 U.S.C. 1818(u)) is amended to read as follows:
 `(u) Public Disclosures of Final Orders and Agreements-
 `(1) IN GENERAL- The appropriate Federal banking agency shall publish and
 make available to the public on a monthly basis--
 `(A) any written agreement or other written statement for which a violation
 may be enforced by the appropriate Federal banking agency, unless the
 appropriate Federal banking agency, in its discretion, determines that
 publication would be contrary to the public interest;
 `(B) any final order issued with respect to any administrative enforcement
 proceeding initiated by such agency under this section or any other law; and
 `(C) any modification to or termination of any order or agreement made
 public pursuant to this paragraph.
 `(2) HEARINGS- All hearings on the record with respect to any notice of
 charges issued by a Federal banking agency shall be open to the public,
 unless the agency, in its discretion, determines that holding an open
 hearing would be contrary to the public interest.
 `(3) REPORTS TO CONGRESS- A written report shall be made part of a
 determination not to hold a public hearing pursuant to paragraph (2) or
 not to publish a document pursuant to paragraph (1)(A). At the end of each
 calendar quarter, all such reports shall be transmitted to the Congress.
 `(4) TRANSCRIPT OF HEARING- A transcript that includes all testimony and other
 documentary evidence shall be prepared for all hearings commenced pursuant
 to subsection (i). A transcript of public hearings shall be made available
 to the public pursuant to section 552 of title 5, United States Code.
 `(5) DELAY OF PUBLICATION UNDER EXCEPTIONAL CIRCUMSTANCES- If the appropriate
 Federal banking agency makes a determination in writing that the publication
 of a final order pursuant to paragraph (1)(B) would seriously threaten the
 safety and soundness of an insured depository institution, the agency may
 delay the publication of the document for a reasonable time.
 `(6) DOCUMENTS FILED UNDER SEAL IN PUBLIC ENFORCEMENT HEARINGS- The
 appropriate Federal banking agency may file any document or part of a document
 under seal in any administrative enforcement hearing commenced by the agency
 if disclosure of the document would be contrary to the public interest. A
 written report shall be made part of any determination to withhold any part
 of a document from the transcript of the hearing required by paragraph (2).
 `(7) RETENTION OF DOCUMENTS- Each Federal banking agency shall keep and
 maintain a record, for a period of at least 6 years, of all documents
 described in paragraph (1) and all informal enforcement agreements and
 other supervisory actions and supporting documents issued with respect to
 or in connection with any administrative enforcement proceeding initiated
 by such agency under this section or any other laws.
 `(8) DISCLOSURES TO CONGRESS- No provision of this subsection may be
 construed to authorize the withholding, or to prohibit the disclosure,
 of any information to the Congress or any committee or subcommittee of
 the Congress.'.
 (2) PUBLIC HEARINGS- Section 8(h)(1) of the Federal Deposit Insurance Act
 (12 U.S.C. 1818(h)(1)) is amended by striking `Such hearing shall be private,
 unless the appropriate Federal banking agency, in its discretion, after
 fully considering the views of the party afforded the hearing, determines
 that a public hearing is necessary to protect the public interest.'.
 (3) EFFECTIVE DATE- The amendment made by paragraph  (1) shall apply with
 respect to all written agreements which are entered into and all written
 statements which become effective after the date of the enactment of this Act.
 (b) AMENDMENT OF FEDERAL CREDIT UNION ACT-
 (1) IN GENERAL- Section 206(s) of the Federal Credit Union Act (12
 U.S.C. 1786(s)) is amended to read as follows:
 `(s) PUBLIC DISCLOSURE OF AGENCY ACTION-
 `(1) IN GENERAL- The Board shall publish and make available to the public
 on a monthly basis--
 `(A) any written agreement or other written statement for which a violation
 may be enforced by the Board, unless the Board, in its discretion, determines
 that publication would be contrary to the public interest;
 `(B) any final order issued with respect to any administrative enforcement
 proceeding initiated by the Board under this section or any other law; and
 `(C) any modification to or termination of any order or agreement made
 public pursuant to this paragraph.
 `(2) HEARINGS- All hearings on the record with respect to any notice of
 charges issued by the Board shall be open to the public, unless the agency,
 in its discretion, determines that holding an open hearing would be contrary
 to the public interest.
 `(3) REPORTS TO CONGRESS- A written report shall be made part of a
 determination not to hold a public hearing pursuant to paragraph (2) or
 not to publish a document pursuant to paragraph (1)(A). At the end of each
 calendar quarter, all such reports shall be transmitted to the Congress.
 `(4) TRANSCRIPT OF HEARING- A transcript that includes all testimony and other
 documentary evidence shall be prepared for all hearings commenced pursuant
 to subsection (k). A transcript of public hearings shall be made available
 to the public pursuant to section 552 of title 5, United States Code.
 `(5) DELAY OF PUBLICATION UNDER EXCEPTIONAL CIRCUMSTANCES- If the Board makes
 a determination in writing that the publication of a final order pursuant
 to paragraph (1)(B) would seriously threaten the safety and soundness of
 an insured depository institution, the agency may delay the publication of
 the document for a reasonable time.
 `(6) DOCUMENTS FILED UNDER SEAL IN PUBLIC ENFORCEMENT HEARINGS- The Board
 may file any document or part of a document under seal in any administrative
 enforcement hearing commenced by the agency if disclosure of the document
 would be contrary to the public interest. A written report shall be made
 part of any determination to withhold any part of a document from the
 transcript of the hearing required by paragraph (2).
 `(7) RETENTION OF DOCUMENTS- The Board shall keep and maintain a record,
 for a period of at least 6 years, of all documents described in paragraph
 (1) and all informal enforcement agreements and other supervisory actions
 and supporting documents issued with respect to or in connection with any
 administrative enforcement proceeding initiated by such agency under this
 section or any other laws.
 `(8) DISCLOSURES TO CONGRESS- No provision of this subsection may be
 construed to authorize the withholding, or to prohibit the disclosure,
 of any information to the Congress or any committee or subcommittee of
 the Congress.'.
 (2) PUBLIC HEARING- Section 206(j)(1) of the Federal Credit Union Act (12
 U.S.C. 1786(j)(1)) is amended by striking `Such hearing shall be private,
 unless the Board, in its discretion, after fully considering the views
 of the party afforded the hearing, determines that a public hearing is
 necessary to protect the public interest.'.
SEC. 2548. REPORT ON COURT BUSINESS IMPACT OF SAVINGS AND LOAN CRISIS.
 Section 604(a) of title 28, United States Code, is amended by adding at
 the end the following new paragraph:
 `(24) Lay before Congress, annually, statistical tables that will accurately
 reflect the business imposed on the Federal courts by the savings and
 loan crisis.'.
Subtitle F--National Commission on Financial Institution Reform, Recovery,
and Enforcement
SEC. 2551. ESTABLISHMENT.
 There is hereby established a commission to be known as the National
 Commission on Financial Institution Reform, Recovery, and Enforcement
 (hereafter in this title referred to as the `Commission').
SEC. 2552. DUTIES OF THE COMMISSION.
 The Commission shall--
 (1) examine and identify the origin and causes of the problems in the savings
 and loan industry that led to the enactment of the Financial Institutions
 Reform, Recovery, and Enforcement Act of 1989, including consideration of
 the role of--
 (A) State and Federal regulation of savings and loan associations, including
 capital and accounting standards;
 (B) supervision of, and supervisory resources allocated to, savings and loan
 associations by, or under the authority of, State and Federal Governments;
 (C) State and Federal statutes concerning savings and loan associations,
 including asset powers legislation;
 (D) macroeconomic changes and regional recessions;
 (E) competitive factors;
 (F) unprecedented fraud and abuse by persons in or connected with savings
 and loan associations; and
 (G) deposit insurance, including changes in the amount insured and in
 technology;
 (2) recommend, on the basis of the Commission's examination and investigations
 under this section, further legislative, regulatory, supervisory, and other
 administrative changes that will--
 (A) improve the safety and soundness of depository associations, the Federal
 deposit insurance funds, and other Federal insurance programs;
 (B) facilitate civil and criminal enforcement actions concerning financial
 institutions; and
 (C) prevent the recurrence of the problems identified in the savings and
 loan industry; and
 (3) recommend any other reforms which the Commission determines to be
 appropriate.
SEC. 2553. MEMBERSHIP.
 (a) NUMBER AND APPOINTMENT- The Commission shall be composed of 8 members
 appointed as follows:
 (1) 2 individuals appointed by the President.
 (2) 3 individuals appointed by the Speaker of the House of Representatives,
 1 of whom shall be appointed upon the recommendation of the minority leader
 of the House of Representatives.
 (3) 3 individuals appointed by the President pro tempore of the Senate, 2
 of whom shall be appointed upon the recommendation of the majority leader
 of the Senate and 1 of whom shall be appointed upon the recommendation of
 the minority leader of the Senate.
 (b) ELIGIBILITY- No member, officer, or employee of the executive,
 legislative, or judicial branch of the Federal Government or of any State
 or local government may be a member of the Commission.
 (c) TERMS-
 (1) IN GENERAL- Each member shall be appointed for the life of the Commission.
 (2) VACANCY- A vacancy in the Commission shall be filled in the manner in
 which the original appointment was made.
 (d) PROHIBITION ON COMPENSATION-
 (1) IN GENERAL- Except as provided in paragraph (2), members of the Commission
 shall serve without pay.
 (2) TRAVEL EXPENSES- Each member shall receive travel expenses, including
 per diem in lieu of subsistence, in accordance with sections 5702 and 5703
 of title 5, United States Code.
 (e) QUORUM- 5 members of the Commission shall constitute a quorum but 3
 members may hold hearings.
 (f) CHAIRPERSON- The Chairperson of the Commission shall be elected by the
 Commission from among its members.
 (g) MEETINGS- The Commission shall meet at the call of the Chairperson or
 of 5 members of the Commission.
 (h) PROXY VOTING- Members of the Commission may vote by proxy.
SEC. 2554. POWERS OF COMMISSION; HEARINGS AND SESSIONS.
 (a) IN GENERAL- The Commission may, for the purposes of carrying out this
 subtitle, hold hearings, sit and act at times and places, take testimony,
 and receive evidence as the Commission considers appropriate.
 (b) WITNESSES; ADMINISTRATION OF OATHS-
 (1) IN GENERAL- Subject to paragraph (2) and, in the case of a subpoena,
 to subsection (c), the Commission may call witnesses and administer oaths
 or affirmations to witnesses appearing before the Commission.
 (2) COORDINATION OF CERTAIN TESTIMONY AND EVIDENCE- (A) In any case where
 the Commission intends to call a witness or receive evidence (including
 a witness or evidence to be subpoened in accordance with subsection (c))
 to provide testimony concerning a specific savings and loan association
 or the role of any person in connection therewith, the Commission shall,
 in writing not less than 21 days prior to the taking of such testimony or
 receiving such evidence, provide the Attorney General, the Director of the
 Office of Thrift Supervision, and the Chairperson of the Federal Deposit
 Insurance Corporation and the Resolution Trust Corporation with--
 (i) the name of the savings and loan association involved;
 (ii) the date and location of the testimony or the receipt of evidence; and
 (iii) as appropriate, the name of the witness and a specific identification
 of the subject matter about which such witness is to testify or provide
 evidence, or the specific nature of the evidence to be received.
 (B) If the Attorney General, the Director of the Office of Thrift Supervision,
 or the Chairperson of the Federal Deposit Insurance Corporation and the
 Resolution Trust Corporation determines that taking such testimony or
 receiving such evidence (including witnesses or evidence to be subpoened
 in accordance with subsection (c)) would impair, impede, or compromise
 the investigation, prosecution, or adjudication of a criminal, civil, or
 administrative matter or proceeding, the Attorney General, the Director,
 or the Chairperson shall promptly notify the Commission of that determination.
 (C) The Commission shall decide whether to proceed to call a witness or to
 receive evidence after considering any determination under subparagraph (B)--
 (i) on the basis of the Commission's determination that taking such testimony
 or receiving such evidence is specifically necessary to carry out the duties
 of the Commission; and
 (ii) upon an affirmative vote of not fewer than 5 members of the Commission
 (or not fewer than 6 members of the Commission in the case of a witness or
 evidence to be subpoened).
 (D) The Commission shall notify the official who made the determination under
 subparagraph (B) of the Commission's determination under subparagraph (C).
 (c) SUBPOENA POWER-
 (1) Administrative aspects of subpoena-
 (A) ATTENDANCE OR PRODUCTION AT DESIGNATED SITE- The attendance of witnesses
 and the production of evidence may be required from any place within the
 United States at any designated place of hearing within the United States.
 (B) FEES AND TRAVEL EXPENSES- Persons served with a subpoena under this
 subsection shall be paid the same fees and mileage for travel within the
 United States that are paid witnesses in Federal courts.
 (C) NO LIABILITY FOR OTHER EXPENSES- The Commission and the United States
 shall not be liable for any expense, other than an expense described in
 subparagraph (B), incurred in connection with the production of any evidence
 under this subsection.
 (2) FAILURE TO OBEY A SUBPOENA-
 (A) APPLICATION TO COURT- If a person refuses to obey a subpoena issued
 under this subsection, the Commission may apply to a district court of
 the United States for an order requiring that person to appear before
 the Commission to give testimony or produce evidence, as the case may be,
 relating to the matter under investigation.
 (B) JURISDICTION OF COURT- The application may be made within the judicial
 district where the hearing is conducted or where that person is found,
 resides, or transacts business.
 (C) FAILURE TO COMPLY WITH ORDER- Any failure to obey the order of the
 court may be punished by the court as civil contempt.
 (3) SERVICE OF SUBPOENAS- The subpoenas of the Commission shall be served
 in the manner provided for subpoenas issued by a United States district
 court under the Federal Rules of Civil Procedure for the United States
 district courts.
 (4) SERVICE OF PROCESS- All process of any court to which application is
 to be made under paragraph (3) may be served in the judicial district in
 which the person required to be served resides or may be found.
 (d) MAILS- The Commission may use the United States mails in the same
 manner and under the same conditions as other departments and agencies of
 the United States.
 (e) INTERIM REPORT- Not later than 60 days after the date of the enactment
 of this Act, the Commission may submit a report to the Congress concerning
 the ability of the Commission to obtain information and evidence necessary to
 carry out its duties under this subtitle and including such recommendations
 concerning additional authority as the Commission deems appropriate.
 (f) ADMINISTRATIVE SUPPORT SERVICES- Upon the request of the Commission,
 the Administrator of General Services shall provide to the Commission
 administrative support services on a reimbursable basis.
 (g) POWERS OF MEMBERS AND AGENTS- Except for actions that require a vote
 of the Commission, any member or agent authorized by the Commission may
 take any action the Commission may take.
SEC. 2555. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
 (a) STAFF- Subject to such regulations as the Commission may prescribe, the
 Chairperson may appoint and fix the pay of such personnel as the Chairperson
 considers appropriate.
 (b) APPLICABILITY OF CERTAIN CIVIL SERVICE LAWS- The staff of the Commission
 may be appointed without regard to the provisions of title 5, United States
 Code, governing appointments in the competitive service, and may be paid
 without regard to the provisions of chapter 51 and subchapter III of chapter
 53 of that title relating to classification and General Schedule pay rates,
 except that an individual so appointed may not receive pay in excess of
 the annual rate of basic pay payable for GS-18 of the General Schedule.
 (c) EXPERTS AND CONSULTANTS- Subject to rules prescribed by the Commission,
 the Chairperson may procure temporary and intermittent services under section
 3109(b) of title 5, United States Code, but at rates for individuals not to
 exceed the annual rate of basic pay payable for GS-18 of the General Schedule.
 (d) STAFF OF FEDERAL AGENCIES- Upon request of the Chairperson, the head
 of any Federal department or agency may detail, on a reimbursable basis,
 any of the personnel of that department or agency to the Commission to
 assist it in carrying out its duties under this Act.
SEC. 2556. REPORT.
 (a) REPORT REQUIRED- The Commission shall submit a final report to the
 President and the Congress not later than 9 months after the election of
 the Chairperson under section 3(f).
 (b) CONTENTS- The final report shall, consistent with the duties of the
 Commission set forth in section 2562 of this title, contain a detailed
 statement of the findings, conclusions, and recommendations of the Commission.
SEC. 2557. TERMINATION.
 The Commission shall terminate 30 days after submitting the report required
 by section 2566(a) of this Act.
SEC. 2558. AUTHORIZATION OF APPROPRIATIONS.
 There are authorized to be appropriated not to exceed $1,000,000 to carry
 out the purposes of this Act.
Subtitle G--Authorizations
SEC. 2559. ADDITIONAL FUNDING FOR INVESTIGATORS AND PROSECUTORS FOR BANK
CRIME CASES.
 (a) ADDITIONAL APPROPRIATION FOR DEPARTMENT OF JUSTICE- Section 966(a) of
 the Financial Institutions Reform, Recovery, and Enforcement Act of 1989
 (103 Stat. 506) is amended to read as follows:
 `(a) IN GENERAL-
 `(1) AUTHORIZATION- There is authorized to be appropriated to the Attorney
 General, without fiscal year limitation, $162,500,000 for each of fiscal
 years 1991 through 1993, for purposes of investigations, prosecutions,
 and civil proceedings involving financial institutions to which the Act
 and amendments made by this Act apply.
 `(2) ALLOCATIONS- With respect to fiscal years 1991 and 1992, the amount
 authorized to be appropriated under paragraph (1) shall be allocated
 as follows:
 `(A) Federal Bureau of Investigation: $78,300,000.
 `(B) The offices of the United States attorneys: $65,000,000.
 `(C) The criminal division of the Department of Justice: $8,800,000.
 `(D) The civil division of the Department of Justice: $7,000,000.
 `(E) The tax division of the Department of Justice: $3,400,000.'.
 (b) ADDITIONAL APPROPRIATIONS FOR THE INTERNAL REVENUE SERVICE- There is
 authorized to be appropriated to the Internal Revenue Service, Department
 of the Treasury, $16,000,000 for fiscal year 1991 for investigation of
 violations of the Internal Revenue Code of 1986, and related statutes,
 involving insured depository institutions.
 (c) ADDITIONAL FUNDS FOR THE FEDERAL JUDICIARY- Section 967 of the Financial
 Institutions Reform, Recovery, and Enforcement Act of 1989 (103 Stat. 506)
 is amended to read as follows:
`SEC. 967. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE FEDERAL
JUDICIARY.
 `(a) IN GENERAL- There are authorized to be appropriated to the Federal court
 system $25,000,000 for fiscal year 1991 and $28,000,000 for each of fiscal
 years 1992 and 1993 to carry out such system's duties under  this Act.'.
Subtitle H--Actions Against Persons Committing Bank Fraud Crimes
SEC. 2560. SHORT TITLE.
 This subtitle may be cited as the `Financial Institutions Anti-Fraud
 Enforcement Act of 1990'.
CHAPTER 1--DECLARATIONS PROVIDING NEW CLAIMS TO THE UNITED STATES
SEC. 2561. FILING OF CONFIDENTIAL DECLARATIONS BY PRIVATE PERSONS.
 (a) IN GENERAL- Any person may file a declaration of a violation giving
 rise to an action for civil penalties under section 951 of the Financial
 Institutions Reform, Recovery and Enforcement Act of 1989 affecting a
 depository institution insured by the Federal Deposit Insurance Corporation
 or any other agency or entity of the United States.
 (b) PLACE OF FILING- A declaration under subsection (a) shall be filed with
 the Attorney General of the United States or with an agent designated by
 the Attorney General for receiving declarations under this section.
SEC. 2562. CONTENTS OF DECLARATIONS.
 A declaration filed pursuant to section 2561 shall--
 (1) set forth the name and address of the declarant and the basis for the
 declarant's knowledge of the facts alleged;
 (2) allege under oath or affirmation specific facts, relating to a particular
 transaction or transactions, which constitute a prima facie case of a
 violation giving rise to an action for civil penalties under section 951
 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989
 affecting a depository institution insured by the Federal Deposit Insurance
 Corporation or any other agency or entity of the United States;
 (3) contain at least 1 new factual element necessary to establish a prima
 facie case that was unknown to the Government at the time of filing; and
 (4) set forth all facts supporting the allegation of a violation described
 in paragraph (2) known to the declarant, along with the names of material
 witnesses and the nature and location of documentary evidence known to
 the declarant.
SEC. 2563. CONFIDENTIALITY OF DECLARATIONS.
 (a) PERIOD OF CONFIDENTIALITY- A declarant and the declarant's agents shall
 not disclose the existence or filing of a declaration filed pursuant to
 section 2561 until--
 (1) the declarant receives notice that the Attorney General has concluded
 that an action should not be pursued under section 2566(b);
 (2) the declarant receives notice of an award pursuant to section 2566(c); or
 (3) the declarant is granted a contract to pursue an action under section
 2565(b) or 2567.
 (b) MAINTENANCE OF CONFIDENTIALITY TO PREVENT PREJUDICE- (1) Notwithstanding
 any other law, the contents of a declaration shall not be disclosed by the
 declarant if the disclosure would prejudice or compromise in any way the
 completion of any government investigation or any criminal or civil case that
 may arise out of, or make use of, information contained in a declaration,
 but information contained in a declaration may be disclosed as required by
 duly issued and authorized legal process.
 (2) The Attorney General may in a circumstance described in paragraph (1)
 notify a declarant that continued confidentiality is required under this
 subsection notwithstanding paragraph (1) or (2) of subsection (a).
 (c) LOSS OF RIGHTS- A declarant who discloses, except as provided by this
 title, the existence or filing of a declaration or the contents thereof to
 anyone other than a duly authorized Federal or State investigator or the
 declarant's attorney shall immediately lose all rights under this chapter.
SEC. 2564. INELIGIBILITY TO FILE VALID DECLARATIONS.
 (a) IN GENERAL- A declaration filed pursuant to section 811 and in accordance
 with sections 2562 and 2563 is valid unless--
 (1) the declaration is filed by a current or former officer or employee
 of a Federal or State government agency or instrumentality who discovered
 or gathered the information in the declaration, in whole or in part, while
 acting within the course of the declarant's government employment;
 (2) the declaration is filed by a person who knowingly participated in the
 violation of section 1517 of title 18, United States Code, or any of the
 sections of title 18, United States Code, referred to in section 951(c) of
 the Financial Institutions Reform, Recovery, and Enforcement Act of 1989,
 or any other fraudulent conduct with respect to which the declaration is made;
 (3) the declaration is filed by an institution-affiliated party (as defined
 in section 3(u) of the Federal Deposit Insurance Act, 12 U.S.C. 1813(u))
 who withheld information during the course of any bank examination or
 investigation authorized pursuant to section 10 of such Act (12 U.S.C. 1820)
 which such party owed a fiduciary duty to disclose;
 (4) the declaration is filed by a member of the immediate family of the
 individual whose activities are the subject of the declaration or where,
 in the discretion of the Attorney General, it appears the individual could
 benefit from the award; or
 (5) the declaration consists of allegations or transactions that have been
 disclosed to a member of the public in a criminal, civil, or administrative
 proceeding, in a congressional, administrative, or General Accounting Office
 report, hearing, audit or investigation, by any other government source,
 or by the news media, unless the person providing the declaration is the
 original source of the information.
 (b) DEFINITION- For the purposes of subsection (a)(5), the term `original
 source' means a person who has direct and independent knowledge of the
 information contained in the declaration and who voluntarily provided the
 information to the government prior to the disclosure.
 (c) NOTICE OF INVALIDITY- If the Attorney General determines at any time
 that a declaration is invalid under this section, that a declaration fails
 to meet the requirements of section 2562, or that a declaration has been
 disclosed in violation of section 2563, the Attorney General shall notify the
 person who filed the declaration in writing that the declaration is invalid,
 and the declarant shall not enjoy any of the rights of the declarant listed
 in section 2565 or 2566.
SEC. 2565. RIGHTS OF DECLARANTS; PARTICIPATION IN ACTIONS, AWARDS.
 (a) IN GENERAL- A person who has filed a declaration that meets the
 requirements of sections 2561 through 2564 shall have the rights stated in
 this section.
 (b) CIVIL ACTION- If the Attorney General determines that a cause of action
 referred to in section 2561 based on the declaration should be referred to
 private counsel pursuant to chapter 4, the declarant, after consultation with
 the Attorney General, shall have the right to select counsel to prosecute
 the action, and the declarant and the declarant's counsel shall act in
 accordance with chapter 4.
 (c) CRIMINAL CONVICTION- (1) When the United States obtains a criminal
 conviction and the Attorney General determines that the conviction was based
 in whole or in part on the information contained in a valid declaration filed
 under section 2561, the declarant shall have the right to receive not less
 than $5,000 and not more than $100,000, any such award to be paid from the
 Financial Institution Information Award Fund established under section 2569.
 (2) In determining the size of any award under paragraph (1), the Attorney
 General may, in the Attorney General's discretion, consider any appropriate
 factor, including--
 (A) the seriousness of the offense for which the conviction was obtained;
 (B) the extent to which the facts alleged in the declaration contributed
 to the conviction;
 (C) the number of offenders apprehended pursuant to information provided
 by the declarant;
 (D) whether or not the offender was previously under investigation by any
 law enforcement agency when the declaration was filed;
 (E) the extent to which the declarant cooperated in the development of the
 Government's case and its presentation at trial;
 (F) the sentences and fines imposed on the offender and other offenders in
 related cases;
 (G) the extent to which other sources of private information were relied
 upon; and
 (H) the hardship to the declarant and any expenses the declarant incurred
 in preparing the declaration.
 (d) SHARE OF FUNDS AND ASSETS- (1) When the United States acquires funds or
 assets pursuant to the execution of a judgment, order, or settlement and
 the Attorney General determines that the judgment, order, or settlement
 was based in whole or in part on the information contained in a valid
 declaration filed under section 2561, the declarant shall have the right
 to share in the recovery as follows:
 (A)(i) The declarant shall be entitled to 20 percent to 30 percent of any
 recovery up to the first $1,000,000 recovered, 10 percent to 20 percent
 of the next $4,000,000 recovered, and 5 percent to 10 percent of the next
 $5,000,000 recovered.
 (ii) In calculating an award under clause (i), the Attorney General
 may consider the size of the overall recovery and the usefulness of the
 information provided by the declarant.
 (B) When a declarant has received an award under subsection (c), the
 Attorney General may subtract the amount of that reward from any recovery
 under this subsection.
 (2)(A) When more than 1 declarant has provided information leading to a
 recovery under this subsection, the Attorney General shall first calculate
 the size of the total award under paragraph (1)(A) and then distribute that
 amount according to the contribution made by each declarant.
 (B) In distributing any such award between 2 or more declarants, the
 Attorney General may, in the Attorney General's discretion, consider any
 appropriate factor.
 (e) PROHIBITION OF DOUBLE AWARDS- (1) No person shall receive both an award
 under this section and a reward under either section 34 of the Federal
 Deposit Insurance Act or section 3509A of title 18, United States Code,
 for providing the same or substantially similar information.
 (2) When a person qualifies for both an award under this section and a
 reward under either section 34 of the Federal Deposit Insurance Act or
 section 3509A of title 18, United States Code, for providing the same
 or substantially similar information, the person may notify the Attorney
 General in writing of the person's election to seek an award under this
 section or a reward under such other section.
 (f) APPROPRIATE FEDERAL BANKING AGENCY EXCEPTION- For purposes of this
 section, funds or assets acquired by the United States shall not include any
 funds or assets acquired by any appropriate Federal banking agency acting
 in any capacity or the Resolution Trust Corporation acting in any capacity,
 except for any civil money penalties recovered by a Federal banking agency
 through a final judgment, order or settlement.
SEC. 2566. RIGHTS OF DECLARANTS; NOTIFICATIONS; GOVERNMENT ACCOUNTABILITY.
 (a) IN GENERAL- A person who has filed a declaration that meets the
 requirements of sections 2561 through 2564 shall have the rights stated in
 this section.
 (b) NOTICE OF DECISION NOT TO PURSUE- If, after review, the Attorney General
 concludes that the information contained in a declaration should not be
 pursued in a civil or criminal proceeding, the Attorney General shall so
 notify the declarant in writing and shall provide a brief statement of the
 reasons that the declaration will not be pursued.
 (c) JUDGMENT, ORDER, OR SETTLEMENT- (1) When the United States obtains
 a judgment, order, or settlement based in whole or in part on a valid
 declaration filed under section 2561, the Attorney General shall notify
 the declarant in writing of such fact.
 (2) A notice described in paragraph (1) shall contain--
 (A) the Attorney General's determination of the amount of the award due the
 declarant under subsection (c) or (d) of section 2565 upon recovery by the
 United States; and
 (B) a short statement of reasons for the amount of the award.
 (d) NOTICE OF PENDENCY OF INVESTIGATION OR PROCEEDING- If the Attorney
 General has not provided the declarant with notice under subsection (b)
 or a notice of invalidity pursuant to section 2564 within the time period
 set forth in subsection (e), the Attorney General shall notify the declarant
 in writing that--
 (1) there is a pending investigation or proceeding in the course of which
 the declarant's allegations are being addressed; or
 (2) the declarant's allegations have not yet been addressed.
 (e) TIME FOR NOTICES- (1) In the case of a valid declaration filed not
 more than 3 years after the date of enactment of this Act, the Attorney
 General shall send notification to a declarant pursuant to subsection (d)
 not later than 3 years after the date of filing of the declaration.
 (2)(A) Subject to subparagraph (B), in the case of a declaration filed more
 than 3 years after the date of enactment of this Act, the Attorney General
 shall send notification not later than 1 year after the date of filing of
 the declaration.
 (B) If the Attorney General certifies that it is in the interest of the
 United States to give further consideration to the information provided
 in the declaration for an additional 90-day period, the Attorney General
 shall so notify the declarant in writing.
 (f) CONFIDENTIALITY OF NOTICES- All notices provided to a declarant under
 this section shall be kept confidential by the declarant in the same manner,
 and subject to the same penalties, as the declaration under section 2563.
SEC. 2567. UNREVIEWED DECLARATIONS; PETITION TO PURSUE ACTION AS PRIVATE
CONTRACTOR.
 (a) NOTIFICATION- (1) If, pursuant to section 2566(d)(2), the Attorney
 General notifies a declarant that the declarant's allegations have not yet
 been addressed, the declarant may notify the Attorney General to award a
 contract pursuant to chapter 4 to pursue the case.
 (2) A declarant's notification under paragraph (1) shall be filed with
 the Attorney General not later than 30 days after the date of service of
 notice under section 2566(d)(2), and the Attorney General shall respond to
 the notification not later than 30 days after receipt.
 (b) CONTENTS OF RESPONSE- In response to a notification under subsection
 (a)(1), the Attorney General shall--
 (1) grant a contract pursuant to chapter 4; or
 (2) proceed with an action.
 (c) GRANT OF CONTRACT- If the Attorney General decides to grant a contract,
 the declarant, after consultation with the Attorney General, shall have
 the right to select counsel to prosecute an action, and the declarant and
 the declarant's counsel shall act in accordance with chapter 4.
SEC. 2568. NONREVIEWABILITY OF ACTION BY THE ATTORNEY GENERAL.
 Notwithstanding any other law, no court shall have jurisdiction over any
 claim based on any action taken by the Attorney General or any refusal to
 take action under this chapter, except for failure to provide notification
 under section 2566.
SEC. 2569. FINANCIAL INSTITUTION INFORMATION AWARD FUND.
 (a) ESTABLISHMENT- There is established in the United States Treasury a
 special fund to be known as the Financial Institution Information Award
 Fund (referred to as the `Fund') which shall be available to the Attorney
 General without fiscal year limitation to pay awards to declarants pursuant
 to section 2565(c) and to pay special rewards pursuant to section 3059A of
 title 18, United States Code.
 (b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
 to the Fund such funds as are necessary to maintain the Fund at a level
 not to exceed $5,000,000.
SEC. 2570. SOURCES OF PAYMENTS TO DECLARANTS.
 Notwithstanding any other law, an award under this title may be paid to
 a declarant, or to an individual providing information, from the amounts
 recovered through civil actions based in whole or in part on the information
 provided in a valid declaration under this title.
SEC. 2571. GOVERNMENT ACCOUNTABILITY; PUBLIC REPORTS ON PROCESSING OF
DECLARATIONS.
 (a) IN GENERAL- In addition to the written statements of reasons provided
 individual declarants under section 2566, on the date that is 6 months after
 the date of enactment of this Act, and at the end of each 6-month period
 thereafter during which this chapter is in effect, the Attorney General shall
 compile a public report on the processing of declarations under this chapter.
 (b) CONTENTS OF REPORT- The report required by subsection (a) shall state--
 (1) the number of declarations filed within the relevant period;
 (2) the number of declarations found invalid under sections 2562, 2563,
 and 2564;
 (3) the number of valid declarations processed and their present status,
 including whether or not they have been reviewed and if they have been
 reviewed what determination was reached;
 (4) the number and amounts of all rewards paid to declarants under this
 chapter; and
 (5) the number of convictions attributable in whole or in part to valid
 declarations filed under this chapter and the number and dollar amounts
 of all monetary recoveries, criminal or civil, attributable in whole or in
 part to valid declarations filed under this chapter.
 (c) CONFIDENTIALITY- Notwithstanding any other law, in compiling the report
 required by subsection (a), the Attorney General may take all steps necessary
 to guard against the disclosure of any information that could in any way
 prejudice a current criminal or civil investigation or proceeding.
SEC. 2572. PROTECTION FOR DECLARANTS.
 A declarant under this chapter shall enjoy the protections of section 3059A(e)
 of title 18, United States Code.
SEC. 2573. PROMULGATION OF REGULATIONS.
 The Attorney General may promulgate any rules, regulations, or guidelines
 that, in the Attorney General's judgment, are necessary and appropriate to
 the effective administration of this chapter.
CHAPTER 2--DECLARATIONS PROVIDING THE UNITED STATES WITH NEW INFORMATION
CONCERNING THE RECOVERY OF ASSETS
SEC. 2576. FILING OF CONFIDENTIAL DECLARATIONS BY PRIVATE PERSONS IDENTIFYING
SPECIFIC ASSETS.
 (a) IN GENERAL- After the United States obtains a final judgment or settlement
 in any action referred to in section 2561, any person may file a declaration
 identifying specific assets which might be recovered by the United States
 in satisfaction of that judgment or settlement.
 (b) PLACE OF FILING- A declaration under subsection (a) shall be filed with
 the Attorney General of the United States or with an agent designated by
 him for receiving declarations under this section.
SEC. 2577. CONTENTS OF DECLARATIONS.
 A declaration filed pursuant to section 2576 shall--
 (1) set forth the name and address of the declarant and the basis for the
 declarant's knowledge of the facts alleged;
 (2) allege under oath or affirmation specific facts indicating the nature,
 location, and approximate dollar value of the asset or assets and the
 names of all persons known to the declarant to have possession, custody,
 or control of the asset or assets; and
 (3) allege under oath or affirmation specific facts that establish a
 prima facie case showing that the asset is legally subject to attachment,
 garnishment, sequestration, or other proceeding in satisfaction of the
 judgment referred to in section 2576.
SEC. 2578. CONFIDENTIALITY OF DECLARATIONS.
 (a) PERIOD OF CONFIDENTIALITY- A declarant and the declarant's agents shall
 not disclose the existence or filing of a declaration filed pursuant to
 section 2576 until:
 (1) the declarant receives notice that the Attorney General has concluded
 that an action should not be pursued under section 2581(b);
 (2) the declarant receives notice of an award pursuant to section 2581(c); or
 (3) the declarant is granted a contract to pursue an action under section
 2580(b) or 2582.
 (b) MAINTENANCE OF CONFIDENTIALITY TO PREVENT PREJUDICE- (1) Notwithstanding
 any other law, the contents of a declaration shall not be disclosed by the
 declarant if the disclosure would prejudice or compromise in any way the
 completion of any government investigation or any criminal or civil case that
 may arise out of, or make use of, information contained in a declaration,
 but information contained in a declaration may be disclosed as required by
 duly issued and authorized legal process.
 (2) The Attorney General may in a circumstance described in paragraph (1)
 notify a declarant that continued confidentiality is required under this
 subsection notwithstanding paragraph (1) or (2) of subsection (a).
 (c) LOSS OF RIGHTS- A declarant who discloses, except as provided by this
 chapter, the existence or filing of a declaration or the contents thereof
 to anyone other than a duly authorized Federal or State investigator or
 the declarant's attorney shall immediately lose all rights under this chapter.
SEC. 2579. INELIGIBILITY TO FILE VALID DECLARATIONS.
 (a) IN GENERAL- A declaration filed pursuant to section 2576 and in accordance
 with sections 2577 and 2578 is valid unless--
 (1) the declaration is filed by a current or former officer or employee
 of a Federal or State government agency or instrumentality who discovered
 or gathered the information in the declaration, in whole or in part, while
 acting within the course of the declarant's government employment;
 (2) the declaration is filed by a person who knowingly participated in
 the violation of section 1517 of title 18, United States Code, or any of
 the sections of title 18, United States Code, referred to in section 2561,
 or any other fraudulent conduct with respect to which the declaration is made;
 (3) the declaration is filed by an institution-affiliated party (as defined
 in section 3(u) of the Federal Deposit Insurance Act (12 U.S.C. 1813(u))
 who withheld information during the course of any bank examination or
 investigation authorized pursuant to section 10 of such Act (12 U.S.C. 1820)
 which such party owed a fiduciary duty to disclose;
 (4) the declaration is filed by a member of the immediate family of the
 individual whose activities are the subject of the declaration or where,
 in the discretion of the Attorney General, it appears the individual could
 benefit from the award; or
 (5) the declaration identifies an asset or assets the nature, location,
 or possible recovery of which has been disclosed to a member of the public
 in a criminal, civil, or administrative proceeding, in a congressional,
 administrative, or General Accounting Office report, hearing, audit or
 investigation, by any other government source, or by the news media,
 unless the person providing the declaration is the original source of
 the information.
 (b) DEFINITION- For the purposes of subsection (a)(5), the term `original
 source' means a person who has direct and independent knowledge of the
 information contained in the declaration and who voluntarily provided the
 information to the government prior to the disclosure.
 (c) NOTICE OF INVALIDITY- If the Attorney General determines at any time
 that a declaration is invalid under this section, that a declaration fails
 to meet the requirements of section 2577, or that a declaration has been
 disclosed in violation of section 2578, the Attorney General shall notify the
 person who filed the declaration in writing that the declaration is invalid,
 and the declarant shall not enjoy any of the rights of the declarant listed
 in section 2580 or 2581.
SEC. 2580. RIGHTS OF DECLARANTS; PARTICIPATION IN ACTIONS, AWARDS.
 (a) IN GENERAL- A person who has filed a declaration that meets the
 requirements of sections 2576 through 2579 shall have the rights stated in
 this section.
 (b) CIVIL ACTION- If the Attorney General determines that a proceeding
 to recover the asset or assets identified in the declaration should be
 referred to private counsel pursuant to chapter 4, the declarant, after
 consultation with the Attorney General, shall have the right to select
 counsel to prosecute the action, and the declarant and the declarant's
 counsel shall act in accordance with chapter 4.
 (c) SHARE OF ASSETS- When the United States recovers any asset or assets
 specifically identified in a valid declaration filed under section 2576
 and the Attorney General determines that the asset or assets would not have
 been recovered if the declaration had not been filed, the declarant shall
 have the right to share in the recovery in the amount of 20 percent to 30
 percent of any recovery up to the first $1,000,000 recovered, 10 percent
 to 20 percent of the next $4,000,000 recovered, and 5 percent to 10 percent
 of the next $5,000,000 recovered.
 (d) PROHIBITION OF DOUBLE AWARDS- (1) No person shall receive both an award
 under this section and a reward under either section 34 of the Federal
 Deposit Insurance Act or section 3509A of title 18, United States Code,
 for providing the same or substantially similar information.
 (2) When a person qualifies for both an award under this section and a
 reward under either section 34 of the Federal Deposit Insurance Act or
 section 3509A of title 18, United States Code, for providing the same
 or substantially similar information, the person may notify the Attorney
 General in writing of the person's election to seek an award under this
 section or a reward under such other section.
 (e) APPROPRIATE FEDERAL BANKING AGENCY EXCEPTION- For purposes of this
 section, funds or assets acquired by the United States shall not include any
 funds or assets acquired by any appropriate Federal banking agency acting
 in any capacity or the Resolution Trust Corporation acting in any capacity,
 except for any civil money penalties recovered by a Federal banking agency
 through a final judgement, order, or settlement.
SEC. 2581. RIGHTS OF DECLARANTS; NOTIFICATIONS; GOVERNMENT ACCOUNTABILITY.
 (a) IN GENERAL- A person who has filed a declaration that meets the
 requirements of sections 2576 through 2579 shall have the rights stated in
 this section.
 (b) NOTICE OF DECISION NOT TO PURSUE- If, after review, the Attorney
 General concludes that the information contained in a declaration should
 not be pursued in a proceeding to recover the asset or assets, the Attorney
 General shall so notify the declarant in writing and shall provide a brief
 statement of the reasons that the declaration will not be pursued.
 (c) JUDGMENT, ORDER, OR SETTLEMENT- (1) When the United States obtains
 a final judgment, order, or settlement transferring to the United States
 title to an asset or assets identified in a valid declaration filed under
 section 831, the Attorney General shall notify the declarant in writing of
 the entry of the judgment, order, or settlement.
 (2) A notice described in paragraph (1) shall contain--
 (A) the Attorney General's determination of the amount of the award due
 the declarant under section 2580(c) upon recovery by the United States; and
 (B) a short statement of reasons for the amount of the award.
 (d) NOTICE OF PENDENCY OF INVESTIGATION OR PROCEEDING- (1) Subject to
 paragraph (2), if the Attorney General has not provided the declarant
 with notice under subsection (b) or a notice of invalidity pursuant to
 section 2579 within 1 year after the date of filing of the declaration,
 the Attorney General shall notify the declarant in writing that--
 (A) there is a pending investigation or proceeding in the course of which
 the declarant's allegations are being addressed; or
 (B) the declarant's allegations have not yet been addressed.
 (2) If the Attorney General certifies that it is in the interest of the
 United States to give further consideration to the information provided
 in the declaration for an additional 90-day period, the Attorney General
 shall so notify the declarant in writing.
 (e) CONFIDENTIALITY OF NOTICES- All notices provided to a declarant under
 this section shall be kept confidential by the declarant in the same manner,
 and subject to the same penalties, as the declaration under section 2578.
SEC. 2582. UNREVIEWED DECLARATIONS; PETITION TO PURSUE ACTION AS PRIVATE
CONTRACTOR.
 (a) NOTIFICATION- (1) If, pursuant to section 2581(d)(1)(B), the Attorney
 General notifies a declarant that the declarant's allegations have not yet
 been addressed, the declarant may notify the Attorney General to award a
 contract pursuant to chapter 4 to pursue the case.
 (2) A declarant's notification under paragraph (1) shall be filed with the
 Attorney General not later than 30 days after the date of service of notice
 under section 2581(d)(1)(B), and the Attorney General shall respond to the
 notification not later than 30 days after receipt.
 (b) CONTENTS OF RESPONSE- In response to a notification under subsection
 (a)(1), the Attorney General shall--
 (1) grant a contract pursuant to chapter 4; or
 (2) proceed with an action.
 (c) GRANT OF CONTRACT- If the Attorney General decides to grant a contract,
 the declarant, after consultation with the Attorney General, shall have
 the right to select counsel to prosecute an action, and the declarant and
 the declarant's counsel shall act in accordance with chapter 4.
SEC. 2583. NONREVIEWABILITY OF ACTION BY THE ATTORNEY GENERAL.
 Notwithstanding any other law, no court shall have jurisdiction over any
 claim based on any action taken by the Attorney General or any refusal to
 take action under this chapter, except for failure to provide notification
 under section 2581.
SEC. 2584. PROTECTION FOR DECLARANTS.
 A declarant under this chapter shall enjoy the protections of section 3059A(e)
 of title 18, United States Code.
SEC. 2585. PROMULGATION OF REGULATIONS.
 The Attorney General may promulgate any rules, regulations, or guidelines
 that, in the Attorney General's judgment, are necessary and appropriate to
 the effective administration of this chapter.
CHAPTER 3--REWARDS FOR INFORMATION LEADING TO RECOVERIES, CIVIL PENALTIES,
OR PROSECUTIONS
SEC. 2586. REWARD FOR INFORMATION LEADING TO RECOVERIES OR CIVIL PENALTIES.
 Section 34(a) of the Federal Deposit Insurance Act (12 U.S.C. 1831k(a))
 is amended--
 (1) in paragraph (1) by striking `, in an amount that exceeds $50,000,'; and
 (2) by amending paragraph (2) to read as follows:
 `(2) a forfeiture under section 981 or 982 of title 18, United States Code,
 that arises in connection with a depository institution insured by the
 Federal Deposit Insurance Corporation'.
SEC. 2587. REWARD FOR INFORMATION LEADING TO POSSIBLE PROSECUTION.
 (a) AMENDMENT OF TITLE 18, UNITED STATES CODE- Chapter 203 of title 18,
 United States Code, is amended by inserting after section 3059 the following
 new section:
`Sec. 3059A. Special rewards for information relating to certain financial
institution offenses
 `(a)(1) In special circumstances and in the Attorney General's sole
 discretion, the Attorney General may make payments to persons who furnish
 information unknown to the Government relating to a possible prosecution
 under section 215, 287, 656, 657, 1001, 1005, 1006, 1007, 1014, 1032, 1341,
 1343, or 1344 of this title affecting a depository institution insured by
 the Federal Deposit Insurance Corporation or any other agency or entity of
 the United States, or to a possible prosecution for conspiracy to commit
 such an offense.
 `(2) The amount of a payment under paragraph (1) shall not exceed $50,000
 and shall be paid from the Financial Institution Information Award Fund
 established under section 2569 of the Financial Institutions Anti-Fraud
 Enforcement Act of 1990.
 `(b) A person is not eligible for a payment under this subsection (a) if--
 `(1) the person is a current or former officer or employee of a Federal
 or State government agency or instrumentality who furnishes information
 discovered or gathered in the course of his government employment;
 `(2) the furnished information consists of allegations or transactions
 that have been disclosed to a member of the public in a criminal, civil, or
 administrative proceeding, in a congressional, administrative, or General
 Accounting Office report, hearing, audit or investigation, from any other
 government source, or from the news media unless the person is the original
 source of the information;
 `(3) the person is an institution-affiliated party (as defined in section
 3(u) of the Federal Deposit Insurance Act, 12 U.S.C. 1813(u)) which withheld
 information during the course of any bank examination or investigation
 authorized pursuant to section 10 of such Act (12 U.S.C. 1820) who such
 party owed a fiduciary duty to disclose;
 `(4) the person is a member of the immediate family of the individual whose
 activities are the subject of the declaration or where, in the discretion
 of the Attorney General, it appears the individual could benefit from the
 award; or
 `(5) the person knowingly participated in the violation of the section with
 respect to which the payment would be made.
 `(c) For the purposes of this subsection (b)(2), the term `original source'
 means a person who has direct and independent knowledge of the information on
 which the allegations are based and has voluntarily provided the information
 to the Government prior to the disclosure.
 `(d) Neither the failure of the Attorney General to authorize a payment
 nor the amount authorized shall be subject to judicial review.
 `(e)(1) A person who--
 `(A) is discharged, demoted, suspended, threatened, harassed, or in any
 other manner discriminated against in the terms and conditions of employment
 by an employer because of lawful acts done by the person on behalf of the
 person or others in furtherance of a prosecution under any of the sections
 referred to in subsection (a) (including provision of information relating
 to, investigation for, initiation of, testimony for, or assistance in such
 a prosecution); and
 `(B) was not a knowing participant in the unlawful activity that is the
 subject of such a prosecution,
may, in a civil action, obtain all relief necessary to make the person whole.
 `(2) Relief under paragraph (1) shall include--
 `(A)(i) reinstatement with the same seniority status;
 `(ii) 2 times the amount of back pay plus interest; and
 `(iii) interest on the backpay,
that the plaintiff would have had but for the discrimination; and
 `(B) compensation for any special damages sustained as a result of the
 discrimination, including litigation costs and reasonable attorney's fees.'.
 (b) TECHNICAL AMENDMENT- The chapter heading for chapter 203 of title 18,
 United States Code, is amended by inserting after the item relating to
 section 3059 the following new item:
`3059A. Special rewards for information relating to certain financial
institution offenses'.
CHAPTER 4--USE OF PRIVATE LEGAL RESOURCES
SEC. 2588. AUTHORITY TO ENTER INTO CONTRACTS FOR PRIVATE COUNSEL.
 (a) IN GENERAL- The Attorney General may enter into contracts retaining
 private counsel to furnish legal services, including representation in
 investigation, negotiation, compromise, settlement, litigation, and execution
 of judgments in the case of any civil action referred to in section 2561
 or section 2580.
 (b) TERMS AND CONDITIONS- Each contract under subsection (a) shall include
 the provisions described in section 2591 and such other terms and conditions
 as the Attorney General considers necessary and appropriate to protect the
 interests of the United States.
 (c) LIMITATION OF FEE- The amount of the contingency fee payable for legal
 services furnished under a contract described in subsection (a) shall not
 exceed the contingency fee that counsel engaged in the private practice of
 law in the jurisdiction wherein the legal services are furnished typically
 charge clients for furnishing the same or comparable legal services.
 (d) CONTINGENT FEES- Notwithstanding section 3302(b) of title 31, United
 States Code, a contract under this section shall provide that a fee that
 the United States pays private counsel for services is payable from the
 amount recovered and shall be based on a percentage of the civil penalties
 or assets recovered.
SEC. 2589. CONTRACT DECISIONS NONREVIEWABLE.
 Notwithstanding any other law, no court shall have jurisdiction over any
 claim based on the Attorney General's decision to refuse to enter into a
 contract for legal services referred to in section 2588.
SEC. 2590. REPRESENTATION.
 Notwithstanding sections 516, 518(b), 519, and 547(2) of title 28, United
 States Code, private counsel retained under section 2588 may represent the
 United States in litigation in connection with legal services furnished
 pursuant to the contract entered into with that counsel, subject to the
 requirements specified in section 2591.
SEC. 2591. CONTRACT PROVISIONS.
 A contract made with a private counsel under section 2588 shall include--
 (1) a provision permitting the Attorney General to terminate either the
 contract or the private counsel's representation of the United States in
 particular cases if the Attorney General finds that such action is in the
 best interests of the United States;
 (2) a provision requiring private counsel to transmit monthly to the Attorney
 General a report on the services relating to matters handled pursuant to
 the contract during the preceding month and the progress made during that
 period; and
 (3) a provision requiring that the initiation, settlement, dismissal,
 or compromise of a claim be approved by a duly appointed officer of the
 United States.
SEC. 2592. COUNTERCLAIMS.
 Any counterclaim filed in any action brought on behalf of the United States
 by private counsel retained under section 2588 may not be asserted unless
 the counterclaim has been served directly on the Attorney General and the
 United States Attorney for the judicial district in which, or embracing
 the place in which, the action is pending. Such service shall be made in
 accordance with the rules of procedure of the court in which the action on
 behalf of the United States is pending.
SEC. 2593. AWARDS OF COSTS AND FEES TO PREVAILING PLAINTIFF.
 When the United States, through private counsel retained under this chapter,
 prevails in any civil action, the court, in its discretion, may allow the
 United States reasonable attorney's fees and other expenses of litigation
 as part of the costs.
SEC. 2594. PROMULGATION OF REGULATIONS.
 The Attorney General may promulgate any rules, regulations, or guidelines
 that, in the Attorney General's judgment, are necessary and appropriate to
 the effective administration of this chapter.
Subtitle I--Technical and Miscellaneous Amendments
SEC. 2595. TECHNICAL AMENDMENTS TO TITLE 18, UNITED STATES CODE, RELATING
TO REFERENCES TO BANKING INSTITUTIONS AND AGENCIES.
 (a) In General-
 (1) THEFT, EMBEZZLEMENT, OR MISAPPLICATION BY BANK OFFICER OR EMPLOYEE-
 Section 656 of title 18, United States Code, is amended--
 (A) by inserting `depository institution holding company,' before `national
 bank' the 1st place such term appears in the 1st sentence;
 (B) by inserting `or holding company' after `such bank' each place such
 term appears in the 1st paragraph; and
 (C) by adding at the end of the 2d paragraph the following new sentence:
 `For purposes of this section, the term `depository institution holding
 company' has the meaning given such term in section 3 of the Federal Deposit
 Insurance Act.'.
 (2) LENDING, CREDIT, AND INSURANCE INSTITUTIONS- Section 657 of title 18,
 United States Code, is amended--
 (A) by striking `Home Owners' Loan Corporation,' and inserting `Office of
 Thrift Supervision, the Resolution Trust Corporation, any Federal home loan
 bank, the Federal Housing Finance Board,'; and
 (B) by striking `institution the accounts of which are insured by the Federal
 Savings and Loan Insurance Corporation' and inserting `institution, other
 than an insured bank (as defined in section 656), the accounts of which
 are insured by the Federal Deposit Insurance Corporation'.
 (3) BANK ENTRIES, REPORTS, AND TRANSACTIONS- Section 1005 of title 18,
 United States Code, is amended--
 (A) by inserting `or company' after `such bank' each place such term appears
 in the 1st paragraph;
 (B) by striking `bank or savings and loan' and inserting `depository
 institution'; and
 (C) by adding at the end of the 6th undesignated paragraph the following new
 sentence: `For purposes of this section, the term `depository institution
 holding company' has the meaning given such term in section 3(w)(1) of the
 Federal Deposit Insurance Act.'.
 (4) FEDERAL CREDIT INSTITUTION ENTRIES, REPORTS, AND TRANSACTIONS- Section
 1006 of title 18, United States Code, is amended--
 (A) by striking `Home Owners' Loan Corporation,' and inserting `Office of
 Thrift Supervision, any Federal home loan bank, the Federal Housing Finance
 Board, the Resolution Trust Corporation,'; and
 (B) by striking `institution the accounts of which are insured by the Federal
 Savings and Loan Insurance Corporation' and inserting `institution, other
 than an insured bank (as defined in section 656), the accounts of which
 are insured by the Federal Deposit Insurance Corporation'.
 (5) LOANS AND CREDIT APPLICATIONS GENERALLY; RENEWALS AND DISCOUNTS-
 Section 1014 of title 18, United States Code, is amended--
 (A) by striking `the Federal Home Loan Bank System,' and inserting `the
 Office of Thrift Supervision, any Federal home loan bank, the Federal
 Housing Finance Board,'; and
 (B) by inserting a comma after `Resolution Trust Corporation'.
 (b) INDICTMENTS AND INFORMATION DISMISSED BEFORE PERIOD OF LIMITATIONS-
 Section 3289 of title 18, United States Code, is amended by striking `or,
 in the event of an appeal, within 60 days of the date the dismissal of
 the indictment or information becomes final,' where such term appears
 and inserting such term after `expiration of the applicable statute of
 limitations,'.
SEC. 2596. MISCELLANEOUS TECHNICAL AMENDMENTS.
 (a) CEASE AND DESIST AUTHORITY- Section 8(b) of the Federal Deposit Insurance
 Act (12 U.S.C. 1818(b)) is amended--
 (1) in paragraph (6), by inserting `or remedy' after `to take affirmative
 action to correct'; and
 (2) in paragraph (4), by striking `subsections (c), (d), (h), (i), (k), (l),
 (m), and (n)' and inserting `subsections (c) through (s) and subsection (u)'.
 (b) TEMPORARY ORDERS- Section 8(c)(1) of the Federal Deposit Insurance Act
 (12 U.S.C. 1818(c)(1)) is amended--
 (1) by inserting `or remedy' after `to take affirmative action to prevent';
 and
 (2) by striking `(b)(6)(B)' and inserting `(b)(6)'.
 (c) RIGHT TO FINANCIAL PRIVACY- Section 1101(6)(B) of the Right to Financial
 Privacy Act of 1978 (12 U.S.C. 3401(6)(B)) by striking `3(f)(1)' and inserting
 `4(f)(1)'.
 (d) VIOLATIONS TO WHICH CIVIL MONEY PENALTIES APPLIES- Section 951(c)(1)
 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989
 is amended--
 (1) by inserting `287, 1001, 1032,' before `1341;'; and
 (2) by adding at the end thereof the following new flush sentence:
`This section shall apply to violations occurring on or after August 10, 1984.'
SEC. 2597. AMENDMENTS TO INCLUDE VARIOUS ENTITIES WHICH ENGAGE IN INTERNATIONAL
BANKING BUSINESS WITHIN THE UNITED STATES WITHIN THE SCOPE OF FINANCIAL
CRIME PROVISIONS.
 (a) DEFINITION OF FINANCIAL INSTITUTION- Section 20 of title 18, United
 States Code, is amended--
 (1) by striking the period at the end of paragraph (6) and inserting a
 semicolon; and
 (2) by adding at the end the following new paragraphs:
 `(7) a Federal Reserve bank or a member bank of the Federal Reserve System;
 `(8) an organization operating under section 25 or section 25(a) of the
 Federal Reserve Act; or
 `(9) a branch or agency of a foreign bank (as such terms are defined in
 paragraphs (1) and (3) of section 1(b) of the International Banking Act
 of 1978).'.
 (b) OFFER OF LOAN OR GRATUITY TO BANK EXAMINER- Section 212 of title 18,
 United States Code, is amended--
 (1) in the 1st undesignated paragraph--
 (A) by striking `System or the deposits of which' and inserting `System,
 or the deposits of which';
 (B) by inserting `or which is a branch or agency of a foreign bank (as
 such terms are defined in paragraphs (1) and (3) of section 1(b) of the
 International Banking Act of 1978), or which is an organization operating
 under section 25 or section 25(a) of the Federal Reserve Act,' after `deposits
 of which are insured by the Federal Deposit Insurance Corporation,'; and
 (C) by inserting `branch, agency, organization,' after `who examines or
 has authority to examine such bank,'; and
 (2) in the 2d undesignated paragraph--
 (A) by striking `System or insured' and inserting `System,  insured'; and
 (B) by inserting `branches or agencies of foreign banks (as such terms
 are defined in paragraphs (1) and (3) of section 1(b) of the International
 Banking Act of 1978), organizations operating under section 25 or section
 25(a) of the Federal Reserve Act,' after `financial institutions,'.
 (c) ACCEPTANCE OF LOAN OR GRATUITY BY BANK EXAMINER- Section 213 of title
 18, United States Code, is amended--
 (1) by striking `System or financial institutions the deposits of which'
 and inserting `System, financial institutions the deposits of which';
 (2) by inserting `which are branches or agencies of foreign banks (as
 such terms are defined in paragraphs (1) and (3) of section 1(b) of the
 International Banking Act of 1978), or which are organizations operating
 under section 25 or section 25(a) of the Federal Reserve Act,' after
 `deposits of which are insured by the Federal Deposit Insurance Corporation,';
 (3) by inserting `branch, agency,' after `accepts a loan or gratuity from
 any bank,'.
 (d) CUSTODIANS, GENERALLY, MISUSING PUBLIC FUNDS- Section 648 of title
 18, United States Code, is amended by inserting  `, including any branch
 or agency of a foreign bank (as such terms are defined in paragraphs (1)
 and (3) of section 1(b) of the International Banking Act of 1978),' after
 `or deposits in any bank'.
 (e) THEFT BY EXAMINER- Section 655 of title 18, United States Code,
 is amended--
 (1) in the 1st undesignated paragraph--
 (A) by striking `System or which is insured' and inserting `System,  which
 is insured';
 (B) by inserting `which is a branch or agency of a foreign bank (as such terms
 are defined in paragraphs (1) and (3) of section 1(b) of the International
 Banking Act of 1978), or which is an organization operating under section
 25 or section 25(a) of the Federal Reserve Act,' after `by the Federal
 Deposit Insurance Corporation,'; and
 (C) by inserting `branch, agency, or organization,' after `premises of such
 bank,'; and
 (2) in the 2d undesignated paragraph--
 (A) by striking `System or banks the deposits of which' and inserting
 `System, banks the deposits of which'; and
 (B) by inserting `branches or agencies of foreign banks (as such terms
 are defined in paragraphs (1) and (3) of section 1(b) of the International
 Banking Act of 1978), or organizations operating under section 25 or section
 25(a) of the Federal Reserve Act,' after `are insured by the Federal Deposit
 Insurance Corporation,'.
 (f)  THEFT, EMBEZZLEMENT, OR MISAPPLICATION BY BANK OFFICER OR EMPLOYEE-
 Section 656 of title 18, United States Code (as amended by section 2104(b)
 of this subtitle) is amended--
 (1) in the 1st undesignated paragraph--
 (A) by striking `national bank, or insured bank' and inserting `national
 bank, insured bank, branch or agency of a foreign bank, or organization
 operating under section 25 or section 25(a) of the Federal Reserve Act,';
 (B) by inserting `insured bank, branch, agency, or organization' after
 `receiver of a national bank,';
 (C) by inserting `, branch, agency, or organization' after `misapplies any
 of the moneys, funds or credits of such bank';
 (D) by inserting `branch, agency, or organization,' after `custody or care
 of such bank,'; and
 (2) in the 2d undesignated paragraph--
 (A) by striking `and' after `one of the Federal Reserve banks;'; and
 (B) by inserting before the period the following: `; and the term `branch
 or agency of a foreign bank' means a branch or agency described in section
 20(9) of this title'.
 (g) CERTIFICATION OF CHECKS- Section 1004 of title 18, United States Code,
 is amended--
 (1) by striking `or' after `Federal Reserve bank' and inserting a comma;
 (2) by inserting `insured bank (as defined in section 3(h) of the Federal
 Deposit Insurance Act), branch or agency of a foreign bank (as such terms
 are defined in paragraphs (1) and (3) of section 1(b) of the International
 Banking Act of 1978), or organization operating under section 25 or section
 25(a) of the Federal Reserve Act,' after `member bank of the Federal Reserve
 System,'; and
 (3) by inserting `, branch, agency, or organization,' after `has been
 regularly deposited in the bank'.
 (h) BANK ENTRIES, REPORTS, AND TRANSACTIONS- Section 1005 of title 18, United
 States Code (as amended by section 2104(d) of this subtitle) is amended--
 (1) in the 1st undesignated paragraph--
 (A) by striking `national bank or insured bank' and inserting `national bank,
 insured bank, branch or agency of a foreign bank, or organization operating
 under section 25 or section 25(a) of the Federal Reserve Act,'; and
 (B) by inserting `, branch, agency, or organization' after `of such bank'
 each place such term appears;
 (2) in the 3d undesignated paragraph, by striking `bank or company' each
 place such term appears and inserting `bank, company, branch, agency,
 or organization'; and
 (3) in the last undesignated paragraph--
 (A) by striking `and' after `one of the Federal Reserve banks;'; and
 (B) by inserting before the period the following: `; and the term `branch
 or agency of a foreign bank' means a branch or agency described in section
 20(9) of this title'.
 (i) FALSE STATEMENTS IN LOAN, CREDIT, AND CROP INSURANCE APPLICATIONS-
 Section 1014 of title 18, United States Code (as amended by section 2104(g)
 of this subtitle) is amended by inserting `a branch or agency of a foreign
 bank (as such terms are defined in paragraphs (1) and (3) of section 1(b)
 of the International Banking Act of 1978), or an organization operating
 under section 25 or section 25(a) of the Federal Reserve Act,' after `or
 the National Credit Union Administration Board'.
 (j) FRAUD AND RELATED ACTIVITY IN CONNECTION WITH COMPUTERS- Section
 1030(e)(4) of title 18, United States Code, is amended--
 (1) by striking `and' at the end of subparagraph (F);
 (2) by striking the period at the end of subparagraph (G) and inserting a
 semicolon; and
 (3) by adding at the end the following new subparagraphs:
 `(H) a branch or agency of a foreign bank (as such terms are defined in
 paragraphs (1) and (3) of section 1(b) of the International Banking Act of
 1978); and
 `(I) an organization operating under section 25 or section 25(a) of the
 Federal Reserve Act.'.
 (k) DISCLOSURE OF INFORMATION FROM A BANK EXAMINATION REPORT- Section 1906
 of title 18, United States Code, is amended--
 (1) by striking `System, or bank insured' and inserting `System, any bank
 insured';
 (2) by inserting `, any branch or agency of a foreign bank (as such terms
 are defined in paragraphs (1) and (3) of section 1(b) of the International
 Banking Act of 1978), or any organization operating under section 25 or
 section 25(a) of the Federal Reserve Act,' after `by the Federal Deposit
 Insurance Corporation';
 (3) by inserting `branch, agency, or organization,' after `proper officers
 of such bank,';
 (4) by inserting `or a Federal branch or Federal agency (as such terms
 are defined in paragraphs (5) and (6) of section 1(b) of the International
 Banking Act of 1978)' after `national bank';
 (5) by inserting `, an uninsured State branch or State agency (as such terms
 are defined in paragraphs (11) and (12) of section 1(b) of the International
 Banking Act of 1978), or an organization operating under section 25 or
 section 25(a) of the Federal Reserve Act' after `as to a State member bank';
 (6) by inserting `, including any insured branch (as defined in section 3(s)
 of the Federal Deposit Insurance Act),' after `any other insured bank'; and
 (7) by inserting `or organization' after `board of directors of such bank'.
 (l) BANK ROBBERY AND INCIDENTAL CRIMES- Section 2113(f) of title 18,
 United States Code, is amended by inserting `including a branch or agency
 of a foreign bank (as such terms are defined in paragraphs (1) and (3) of
 section 1(b) of the International Banking Act of 1978),' after `operating
 under the laws of the United States,'.
TITLE XXVI--LICIT OPIUM IMPORTS
SEC. 2601. UNITED STATES POLICY REGARDING IMPORTATION OF NARCOTIC RAW MATERIAL.
 (a) REVIEW REQUIRED- The President shall conduct a review of United States
 narcotics raw material policy to determine the advisability of continued
 reliance on the `80-20 rule' (21 C.F.R. sec. 1312.13) by which at least 80
 percent of United States imports of narcotics raw material must come from
 India and Turkey.
 (b) AGENCIES TO BE INVOLVED- This review shall include information and views
 from the Department of State, the Administrator of the Drug Enforcement
 Administration, and the Secretary of the Department of Health and Human
 Services, the Secretary of Commerce and any other agencies the President
 determines appropriate.
 (c) NATURE AND CONTENTS- This review shall include--
 (1) a report on the extent of the diversion taking place from the licit to
 the illicit market in India from the farm gate through the stockpile;
 (2) an evaluation of the efforts being made by the Government of India to
 stop diversion from the licit to the illicit market, to limit its stockpile of
 opium gum, and to limit and regulate the amount of land and number of farmers
 devoted to poppy cultivation, and the success or failure of these efforts;
 (3) a description of the steps the President has taken to encourage
 these actions on the part of the Indian government, what further steps
 are contemplated and what action will be taken if Indian action proves
 ineffective;
 (4) an assessment of whether continued reliance on the 80-20 rule serves
 to encourage these actions, an assessment of what circumstances would
 make continued reliance on the rule unacceptable to the President, and
 proposals for executive or legislative modification of the rule under
 those circumstances;
 (5) an assessment of the feasibility of India converting from the opium
 gum to the concentrated poppy straw method of opium production;
 (6) an assessment of the effects on United States supplies of narcotic raw
 material in the absence of 80-20; and
 (7) an evaluation of the potential for market manipulation under the
 80-20 rule.
 (d) REPORT TO CONGRESS- The President shall report the results of this
 review to Congress not later than April 1, 1991.
TITLE XXVII--SENTENCING FOR METHAMPHETAMINE OFFENSES
SEC. 2701. SENTENCING COMMISSION GUIDELINES.
 The United States Sentencing Commission is instructed to amend the existing
 guidelines for offenses involving smokable crystal methamphetamine under
 section 401(b) of the Controlled Substances Act (21 U.S.C. 841(b)) so that
 convictions for offenses involving smokable crystal methamphetamine will be
 assigned an offense level under the guidelines which is two levels above
 that which would have been assigned to the same offense involving other
 forms of methamphetamine.
TITLE XXVIII--DRUG ENFORCEMENT GRANTS
SEC. 2801. BASE ALLOCATION FOR DRUG ENFORCEMENT GRANTS AND IMPROVING THE
EFFECTIVENESS OF COURT PROCESS.
 BASE ALLOCATION FOR DRUG ENFORCEMENT GRANT- Paragraph (5) of section 1001(a)
 of part J of title I of the Omnibus Crime Control and Safe Streets Act of
 1968 is amended to read as follows:
 `(5) There are authorized to be appropriated $900,000,000 for fiscal year
 1991 and such sums as may be necessary for fiscal year 1992 to carry out
 the programs under parts D and E of this title.'.
TITLE XXIX--PRISONS
SEC. 2901. REPORT WITH RESPECT TO FEDERAL PRISON INDUSTRIES.
 Section 4124 of title 18, United States Code, is amended--
 (1) in the first paragraph by inserting `(a)' before `The';
 (2) in the second paragraph by inserting `(b)' before `Disputes'; and
 (3) by adding at the end the following:
 `(c) Each Federal department, agency, and institution subject to the
 requirements of subsection (a) shall separately report to the General
 Services Administration all of its acquisitions of products and services from
 Federal Prison Industries, and that reported information shall be entered
 in the Federal Procurement Data System referred to in section 6(d)(4) of
 the Office of Federal Procurement Policy Act. Each report published by the
 Federal Procurement Data System that contains the information collected by
 the System shall include a statement to accompany the information reported
 by the department, agency, or institution under the preceding sentence
 as follows: `Under current law, sales by Federal Prison Industries are
 considered intragovernmental transfers. The purpose of reporting sales by
 Federal Prison Industries is to provide a complete overview of acquisitions
 by the Federal Government during the reporting period.'.
 `(d) Within 90 days after the date of the enactment of this subsection,
 Federal Prison Industries shall publish a catalog of all products and services
 which it offers for sale. This catalog shall be updated periodically to the
 extent necessary to ensure that the information in the catalog is complete
 and accurate.'.
SEC. 2902. PRERELEASE CUSTODY.
 (a) IN GENERAL- Section 3624(c) of title 18, United States Code, is amended
 by inserting after the first sentence the following: `The authority provided
 by this subsection may be used to place a prisoner in home confinement.'.
 (b) EFFECTIVE DATE- Section 3624(c) of title 18, United States Code,
 as amended by this section, shall apply with respect to all inmates,
 regardless of the date of their offense.
SEC. 2903. DRUG TREATMENT FOR PRISONERS.
 Section 3621(b) of title 18, United States Code, is amended by adding
 at the end the following: `The Bureau shall, to the extent practicable,
 make available appropriate substance abuse treatment for each prisoner the
 Bureau determines has a treatable condition of substance addiction or abuse.'.
SEC. 2904. FUNCTIONAL LITERACY REQUIREMENT FOR ALL INDIVIDUALS IN FEDERAL
CORRECTIONAL INSTITUTIONS.
 Section 3624 of title 18, United States Code, is amended by adding at the
 end the following:
 `(f) MANDATORY FUNCTIONAL LITERACY REQUIREMENT-
 `(1) The Attorney General shall direct the Bureau of Prisons to have in
 effect a mandatory functional literacy program for all mentally capable
 inmates who are not functionally literate in each Federal correctional
 institution within 6 months from the date of the enactment of this Act.
 `(2) Each mandatory functional literacy program shall include a requirement
 that each inmate participate in such program for a mandatory period sufficient
 to provide the inmate with an adequate opportunity to achieve functional
 literacy, and appropriate incentives which lead to successful completion
 of such programs shall be developed and implemented.
 `(3) As used in this section, the term `functional literacy' means--
 `(A) an eighth grade equivalence in reading and mathematics on a nationally
 recognized standardized test;
 `(B) functional competency or literacy on a nationally recognized
 criterion-referenced test; or
 `(C) a combination of subparagraphs (A) and (B).
 `(4) Non-English speaking inmates shall be required to participate in an
 English-As-A-Second-Language program until they function at the equivalence
 of the eighth grade on a nationally recognized educational achievement test.
 `(5) The Chief Executive Officer of each institution shall have authority to
 grant waivers for good cause as determined and documented on an individual
 basis.
 `(6) A report shall be provided to Congress on an annual basis summarizing
 the results of this program, including the number of inmate participants, the
 number successfully completing the program, the number who do not successfully
 complete the program, and the reasons for failure to successfully complete
 the program.'.
SEC. 2905. MANDATORY WORK REQUIREMENT FOR ALL PRISONERS.
 (a) IN GENERAL- (1) It is the policy of the Federal Government that convicted
 inmates confined in Federal prisons, jails, and other detention facilities
 shall work. The type of work in which they will be involved shall be
 dictated by appropriate security considerations and by the health of the
 prisoner involved.
 (2) A Federal prisoner may be excused from the requirement to work only as
 necessitated by--
 (A) security considerations;
 (B) disciplinary action;
 (C) medical certification of disability such as would make it impracticable
 for prison officials to arrange useful work for the prisoner to perform; or
 (D) a need for the prisoner to work less than a full work schedule in order
 to participate in literacy training, drug rehabilitation, or similar programs
 in addition to the work program.
SEC. 2906. EXPANSION OF THE PRIVATE SECTOR/PRISON INDUSTRY ENHANCEMENT
CERTIFICATION PROGRAM.
 Section 1761(c) of title 18, United States Code, is amended--
 (1) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3),
 and (4), respectively;
 (2) by striking the matter preceding paragraph (2), as redesignated by
 paragraph (1) of this section, and inserting the following:
 `(c) In addition to the exceptions set forth in subsection (b) of this
 section, this chapter shall not apply to goods, wares, or merchandise
 manufactured, produced, or mined by convicts or prisoners who--
 `(1) are participating in--one of not more than 50 non-Federal prison work
 pilot projects designated by the Director of the Bureau of Justice Assistance;
 and'; and
 (3) in paragraph (2), as redesignated by paragraph (1) of this section,
 by amending subparagraph (B) to read as follows:
 `(B) reasonable charges for room and board, as determined by regulations
 issued by the chief State correctional officer, in the case of a State
 prisoner.'.
SEC. 2907. COST SAVING MEASURES.
 The Director of the Federal Bureau of Prisons (referred to as the `Director')
 shall, to the extent practicable, take such measures as are appropriate to
 cut costs of construction. Such measures may include reducing expenditures
 for amenities including, for example, color television or pool tables.
SEC. 2908. REPORT BY SECRETARY OF LABOR.
 The Secretary of Labor shall submit to the Congress not later than March 1,
 1991, and not less often than annually thereafter, reports which describe
 in detail the extent and manner of compliance by State Prison Industry
 Enhancement Certification programs with the requirements set forth in 18
 U.S.C. 1761(c).
TITLE XXX--SHOCK INCARCERATION
SEC. 3001. SHOCK INCARCERATION PROGRAM.
 (a) IN GENERAL- Chapter 303 of title 18, United States Code, is amended by
 adding at the end the following:
`Sec. 4046. Shock incarceration program
 `(a) The Bureau of Prisons may place in a shock incarceration program any
 person who is sentenced to a term of imprisonment of more than 12, but not
 more than 30, months, if such person consents to that placement.
 `(b) For such initial portion of the term of imprisonment as the Bureau
 of Prisons may determine, not to exceed 6 months, an inmate in the shock
 incarceration program shall be required to--
 `(1) adhere to a highly regimented schedule that provides the strict
 discipline, physical training, hard labor, drill, and ceremony characteristic
 of military basic training; and
 `(2) participate in appropriate job training and educational programs
 (including literacy programs) and drug, alcohol, and other counseling
 programs.
 `(c) An inmate who in the judgment of the Director of the Bureau of Prisons
 has successfully completed the required period of shock incarceration
 shall remain in the custody of the Bureau for such period (not to exceed
 the remainder of the prison term otherwise required by law to be served by
 that inmate), and under such conditions, as the Bureau deems appropriate.'.
 (b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter
 303 of title 18, United States Code, is amended by adding at the end the
 following:
`4046. Shock incarceration program.'.
SEC. 3002. AUTHORIZATION OF APPROPRIATIONS.
 There are authorized to be appropriated for fiscal year 1990 and each
 fiscal year thereafter such sums as may be necessary to carry out the shock
 incarceration program established under the amendments made by this Act.
TITLE XXXI--BANKRUPTCY AND RESTITUTION
SEC. 3101. SHORT TITLE.
 This title may be cited as the `Criminal Victims Protection Act of 1990'.
SEC. 3102. NONDISCHARGEABILITY OF CERTAIN DEBTS ARISING FROM UNLAWFUL DRIVING
WHILE INTOXICATED OR IMPAIRED.
 (a) AMENDMENT TO CHAPTER 5- Section 523(a)(9) of title 11, United States
 Code, is amended to read as follows:
 `(9) for death or personal injury caused by the debtor's operation of a motor
 vehicle if such operation was unlawful because the debtor was intoxicated
 from using alcohol, a drug, or another substance; or'.
 (b) AMENDMENT TO CHAPTER 13- Section 1328(a)(2) of title 11, United States
 Code, is amended by inserting `or 523(a)(9)' after `523(a)(5)'.
SEC. 3103. NONDISCHARGEABILITY OF CERTAIN DEBTS FOR RESTITUTION IMPOSED FOR
COMMITTING CRIMES.
 Section 1328(a) of title 11, United States Code, is amended--
 (1) in paragraph (1) by striking `or' at the end,
 (2) in paragraph (2) by striking the period at the end and inserting `;
 or', and
 (3) by adding at the end the following:
 `(3) for restitution included in a sentence on the debtor's conviction of
 a crime.'.
SEC. 3104. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
 (a) EFFECTIVE DATE- This title and the amendments made by this title shall
 take effect on the date of the enactment of this Act.
 (b) APPLICATION OF AMENDMENTS- The amendments made by this title shall not
 apply with respect to cases commenced under title 11 of the United States
 Code before the date of the enactment of this Act.
TITLE XXXII--MISCELLANEOUS
SEC. 3201. AUTHORIZATION OF APPROPRIATIONS FOR HUMANITARIAN EXPENSES.
 (a) FEDERAL BUREAU OF INVESTIGATION- For each fiscal year beginning after
 September 30, 1990, there is authorized to be appropriated for the Federal
 Bureau of Investigation $25,000, to be expended in the discretion of
 the Director of  the Federal Bureau of Investigation to pay humanitarian
 expenses incurred--
 (1) by an employee of the Bureau as a result of serious illness, serious
 injury, or death occurring while on official business; or
 (2) by any member of the immediate family of such employee, incident to
 the serious illness, serious injury, or death of such employee occurring
 while on official business.
 (b) DRUG ENFORCEMENT ADMINISTRATION- For each fiscal year beginning after
 September 30, 1990, there is authorized to be appropriated for the Drug
 Enforcement Administration $25,000, to be expended at the discretion of the
 Administrator of the Drug Enforcement Administration to pay humanitarian
 expenses incurred--
 (1) by an employee of the Administration as a result of serious illness,
 serious injury, or death occurring while on official business; or
 (2) by any member of the immediate family of such employee, incident to
 the serious illness, serious injury, or death of such employee occurring
 while on official business.
SEC. 3202. BANNING OF ISOPROPAL NITRITE AND OTHER NITRITES.
 (a) IN GENERAL- Except as provided in subsection (b), volatile alkyl
 nitrite shall be considered a banned hazardous product under section 8 of
 the Consumer Product Safety Act (15 U.S.C. 2057).
 (b) LAWFUL PURPOSES- For the purposes of section 8 of the Consumer Product
 Safety Act, it shall not be unlawful for any person to manufacture for sale,
 offer for sale, distribute in commerce, or import into the United States
 volatile alkyl nitrites for any commercial purpose or any other purpose
 approved under the Federal Food, Drug, and Cosmetic Act.
 (c) DEFINITIONS- For purposes of this section, the term `commercial purpose'
 means any commercial purpose other than for the production of consumer
 products containing volatile alkyl nitrites that may be used for inhaling
 or otherwise introducing volatile alkyl nitrites into the human body for
 euphoric or physical effects.
 (d) EFFECTIVE DATE- This section shall take effect 90 days after the date
 of the enactment of this Act.
TITLE XXXIII--MISCELLANEOUS PROVISIONS
SEC. 3301. UNDERCOVER OPERATIONS OF INTERNAL REVENUE SERVICE.
 (a) EXTENSION OF PROGRAM- Paragraph (3) of section 7601(c) of the Anti-Drug
 Abuse Act of 1988 (relating to effective date) is amended by striking `1989'
 and `1990' and inserting `1991' and `1992', respectively.
 (b) GAO STUDY-
 (1) IN GENERAL- The Comptroller General of the United States shall conduct
 a study of undercover investigative operations of the Internal Revenue
 Service which were conducted using any authority provided in subsection
 (c) of section 7608 of the Internal Revenue Code of 1986. The study shall
 include an evaluation of--
 (A) the use of the proceeds of such operations,
 (B) the results of such operations, and
 (C) the financial audits conducted by the Internal Revenue Service under
 such subsection.
 (2) REPORT- Not later than July 1, 1991, the Comptroller General shall
 submit to the Committee on Ways and Means of the House of Representatives
 and the Committee on Finance of the Senate the results of the study required
 in paragraph (1).
SEC. 3302. DISCLOSURE OF RETURNS ON CERTAIN CASH TRANSACTIONS.
 (a) EXTENSION OF PROGRAM- Paragraph (3) of section 7601(b) of the Anti-Drug
 Abuse Act of 1988 (relating to effective date) is amended by striking
 `2-year period' inserting `4-year period'.
 (b) GAO STUDY-
 (1) IN GENERAL- The Comptroller General of the United States shall conduct
 a study of the disclosure of returns to Federal agencies under paragraph
 (8) of section 6103(i) of the Internal Revenue Code of 1986. The study
 shall include an evaluation of--
 (A) the Federal agencies requesting disclosure under such paragraph,
 (B) the use of the information so disclosed, and
 (C) the effect of the use of such information on the administration of
 Federal criminal statutes.
 (2) REPORT- Not later than July 1, 1991, the Comptroller General shall
 submit to the Committee on Ways and Means of the House of Representatives
 and the Committee on Finance of the Senate the results of the study required
 in paragraph (1).
SEC. 3303. FELONY CLASSIFICATION FOR FAILURE TO FILE RETURN ON CERTAIN
CASH TRANSACTIONS.
 (a) IN GENERAL- The last sentence of section 7203 of the Internal Revenue
 Code of 1986 (relating to willful failure to file return, etc.) is amended
 by striking `by substituting' and inserting `by substituting `felony' for
 `misdemeanor' and'.
 (b) GAO STUDY-
 (1) IN GENERAL- The Comptroller General of the United States shall conduct
 a study of the criminal penalties established under section 7203 of the
 Internal Revenue Code of 1986 for violations of section 6050I of such
 Code. The study shall include an evaluation of--
 (A) the number of cases in which such penalties have been sought for such
 violations, and
 (B) any change in the effectiveness of such penalties by reason of the
 amendment made by subsection (a).
 (2) REPORT- Not later than July 1, 1991, the Comptroller General shall
 submit to the Committee on Ways and Means of the House of Representatives
 and the Committee on Finance of the Senate the results of the study required
 in paragraph (1).
 (c) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to
 actions, and failures to act, occurring after the date of the enactment of
 this Act.
SEC. 3304. CONFIDENTIALITY OF TAX RETURN INFORMATION.
 (a) IN GENERAL- Notwithstanding any other provision of this Act, no commission
 established by this Act shall have access to any return or return information,
 except to the extent authorized by section 6103 of the Internal Revenue
 Code of 1986.
 (b) DEFINITIONS- For purposes of this section, the terms `return' and
 `return information' have the respective meanings given such terms by
 section 6103(b) of the Internal Revenue Code of 1986.
TITLE XXXIV--NATIONAL COMMISSION TO SUPPORT LAW ENFORCEMENT
SEC. 3401. CONGRESSIONAL FINDINGS.
 The Congress finds that--
 (1) law enforcement officers risk their lives daily to protect citizens,
 for modest rewards and too little recognition;
 (2) a significant shift has occurred in the problems that law enforcement
 officers face without a corresponding change in the support from the
 Federal Government;
 (3) law enforcement officers are on the front line in the war against drugs
 and crime;
 (4) the rate of violent crime continues to increase along with the increase
 in drug use;
 (5) a large percentage of individuals arrested test positive for drug usage;
 (6) the Presidential Commission on Law Enforcement and the Administration of
 Justice of 1965 focused attention on many issues affecting law enforcement,
 and a review 25 years later would help to evaluate current problems, including
 drug-related crime, violence, racial conflict, and decreased funding; and
 (7) a comprehensive study of law enforcement issues, including the
 role of the Federal Government in supporting law enforcement officers,
 working conditions, and responsibility for crime control would assist in
 redefining the relationships between the Federal Government, the public,
 and law enforcement officials.
SEC. 3402. ESTABLISHMENT.
 There is hereby established the National Commission to Support Law Enforcement
 (hereafter in this title referred to as the `Commission').
SEC. 3403. DUTIES.
 (a) IN GENERAL- The Commission shall study and include in the report made
 under section 3407 recommendations for changes regarding law enforcement
 agencies and law enforcement issues on the Federal, State, and local levels,
 including the following:
 (1) FUNDING- The sufficiency of funding, including a review of grant programs
 at the Federal level.
 (2) EMPLOYMENT- The conditions of law enforcement employment.
 (3) INFORMATION- The effectiveness of information-sharing systems,
 intelligence, infrastructure, and procedures among law enforcement agencies
 of Federal, State, and local governments.
 (4) RESEARCH AND TRAINING- The status of law enforcement research and
 education and training.
 (5) EQUIPMENT AND RESOURCES- The adequacy of equipment, physical resources,
 and human resources.
 (6) COOPERATION- The cooperation among Federal, State, and local law
 enforcement agencies.
 (7) RESPONSIBILITY- The responsibility of governments and law enforcement
 agencies in solving the crime problem.
 (8) IMPACT- The impact of the criminal justice system, including court
 schedules and prison overcrowding, on law enforcement.
 (b) CONSULTATION- The Commission shall conduct surveys and consult with
 focus groups of law enforcement officers, local officials, and community
 leaders across the Nation to obtain information and seek advice on important
 law enforcement issues.
SEC. 3404. MEMBERSHIP.
 (a) NUMBER AND APPOINTMENT- The Commission shall be composed of 19 members
 as follows:
 (1) 5 individuals from national law enforcement organizations representing
 law enforcement officers, appointed jointly by the Speaker of the House of
 Representatives and the majority leader of the Senate.
 (2) 5 individuals from national law enforcement organizations representing
 law enforcement management, appointed jointly by the Speaker of the House
 of Representatives and the majority leader of the Senate.
 (3) 2 individuals with academic expertise regarding law enforcement issues,
 appointed jointly by the Speaker of the House of Representatives and the
 majority leader of the Senate.
 (4) 2 Members of the House of Representatives, appointed jointly by the
 Speaker and the minority leader of the House of Representatives.
 (5) 2 Members of the Senate, appointed jointly by the majority leader and
 the minority leader of the Senate.
 (6) 1 individual involved in Federal law enforcement from the Department
 of the Treasury, appointed by the President.
 (7) 1 individual from the Department of Justice, appointed by the President.
 (8) The Comptroller General of the United States, who shall serve as the
 chairperson of the Commission.
 (b) COMPENSATION-
 (1) IN GENERAL- Members of the Commission shall receive no additional pay,
 allowances, or benefits by reason of service on the Commission.
 (2) TRAVEL EXPENSES- Each member of the Commission shall receive travel
 expenses, including per diem in lieu of subsistence, in accordance with
 sections 5702 and 5703 of title 5, United States Code.
SEC. 3405. EXPERTS AND CONSULTANTS.
 (a) EXPERTS AND CONSULTANTS- The Commission may procure temporary and
 intermittent services under section 3109(b) of title 5, United States Code.
 (b) STAFF OF FEDERAL AGENCIES- Upon request of the Commission, the head of
 any Federal agency is authorized to detail, on a reimbursable basis, any
 of the personnel of that agency to the Commission to assist the Commission
 in carrying out its duties under this title.
 (c) ADMINISTRATIVE SUPPORT- The Administrator of General Services shall
 provide to the Commission, on a reimbursable basis, administrative support
 services as the Commission may request.
SEC. 3406. POWERS OF COMMISSION.
 (a) HEARINGS- The Commission may, for purposes of this title, hold hearings,
 sit and act at the times and places, take testimony, and receive evidence,
 as the Commission considers appropriate.
 (b) DELEGATION OF AUTHORITY- Any member or agent of the Commission may, if
 authorized by the Commission, take any action the Commission is authorized
 to take by this section.
 (c) INFORMATION- The Commission may secure directly from any Federal agency
 information necessary to enable it to carry out this title. Upon request
 of the chairperson of the Commission, the head of an agency shall furnish
 the information to the Commission to the extent permitted by law.
 (d) GIFTS AND DONATIONS- The Commission may accept, use, and dispose of
 gifts or donations of services or property.
 (e) MAILS- The Commission may use the United States mails in the same manner
 and under the same conditions as other Federal agencies.
SEC. 3407. REPORT.
 Not later than the expiration of the 18-month period beginning on the
 date of the enactment of this title, the Commission shall submit to the
 Congress a report containing the findings of the Commission and specific
 proposals for legislation and administrative actions that the Commission
 has determined to be appropriate.
SEC. 3408. TERMINATION.
 The Commission shall cease to exist upon the expiration of the 60-day
 period beginning on the date on which the Commission submits its report
 under section 3407.
TITLE XXXV--TECHNICAL AND MINOR SUBSTANTIVE AMENDMENTS
SEC. 3501. MODIFICATION OF APPROVAL REQUIREMENTS FOR GOVERNMENT SENTENCE
APPEALS.
 Section 3742(b) of title 18, United States Code, is amended--
 (1) by striking `, with the personal approval of the Attorney General or
 the Solicitor General'; and
 (2) by adding at the end the following: `The Government may not further
 prosecute such appeal without the personal approval of the Attorney General,
 the Solicitor General, or a deputy solicitor general designated by the
 Solicitor General.'.
SEC. 3502. PENALTY FOR CERTAIN ACCESSORY AFTER THE FACT OFFENSES.
 Section 3 of title 18, United States Code, is amended by striking `10 years'
 and inserting in lieu thereof `15 years'.
SEC. 3503. DELETION OF REQUIREMENT FOR SOLICITOR GENERAL APPROVAL OF APPEAL
TO A DISTRICT COURT FROM A SENTENCE IMPOSED BY A MAGISTRATE.
 Section 3742(g) of title 18, United States Code, is amended by inserting
 `(except for the requirement of approval by the Attorney General or the
 Solicitor General in the case of a Government appeal)' after `and this
 section shall apply'.
SEC. 3504. CORRECTION OF TABLE OF SECTIONS FOR CHAPTER 1.
 The item relating to section 17 in the table of sections at the beginning of
 chapter 1 of title 18, United States Code, is amended by striking `Defense'
 and inserting `defense'.
SEC. 3505. CORRECTION TO SECTION 12.
 Section 12 of title 18, United States Code, is amended by striking `every
 officer and employee of that Service, whether he has taken the oath of
 office' and inserting `every officer and employee of that Service, whether
 or not such officer or employee has taken the oath of office'.
SEC. 3506. CORRECTION OF TABLE OF SECTIONS FOR CHAPTER 3.
 The table of sections at the beginning of chapter 3 of title 18, United
 States Code, is amended--
 (1) in the item relating to section 47, by inserting `; pollution of watering
 holes' after `burros'; and
 (2) by striking the items related to sections 42 through 44 and inserting
 the following:
`42. Importation or shipment of injurious mammals, birds, fish (including
mollusks and crustacea), amphibia, and reptiles; permits, specimens for
museums; regulations.'.
SEC. 3507. CORRECTION TO SECTION 114.
 Section 114 of title 18, United States Code, is amended by striking `and
 imprisoned' and inserting `or imprisoned'.
SEC. 3508. CORRECTION TO SECTION 115.
 Section 115 of title 18, United States Code, is amended by striking `The
 Central' and inserting `the Central'.
SEC. 3509. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 11.
 The table of sections at the beginning of chapter 11 of title 18, United
 States Code, is amended--
 (1) in the item relating to section 203, by striking `of Members' and
 inserting `to Members'; and
 (2) in the item relating to section 204, by striking `Court of Claims'
 and inserting `United States Claims Court or United States Court of Appeals
 for the Federal Circuit'.
SEC. 3510. CROSS REFERENCE UPDATE FOR SECTION 209.
 Subsection (d) of section 209 of title 18, United States Code, is amended
 by striking `Government Employees Training Act' and all that follows through
 the end of such subsection and inserting `chapter 41 of title 5.'.
SEC. 3511. CORRECTION TO SECTION 219.
 Section 219(c) of title 18, United States Code, is amended by striking
 `Governments' and inserting `Government'.
SEC. 3512. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 23.
 The table of sections at the beginning of chapter 23 of title 18, United
 States Code, is amended--
 (1) by striking the item relating to section 434; and
 (2) in the item relating to section 437, by striking `Indian' and all that
 follows through `supplies' and inserting `Federal employees contracting or
 trading with Indians.'.
SEC. 3513. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 25.
 The table of sections at the beginning of chapter 25 of title 18, United
 States Code, is amended--
 (1) in the item relating to section 491, by striking `used' and all that
 follows through `coins' and inserting `or paper used as money.';
 (2) in the item relating to section 496, by striking `entry certificates'
 and inserting `matters'; and
 (3) in the item relating to section 501, by inserting `, postage meter
 stamps,' after `stamps'.
SEC. 3514. MARGIN CORRECTION IN SECTION 510.
 Subsection (a) of section 510 of title 18, United States Code, is amended--
 (1) by inserting a semicolon after `or signature' in paragraph (2); and
 (2) so that the matter beginning with `shall be fined' and all that follows
 through the end of such subsection is flush against the left margin.
SEC. 3515. CORRECTIONS TO SECTION 513.
 Section 513(c)(3) of title 18, United States Code, is amended--
 (1) by striking `(15 U.S.C. 1693(c))'; and
 (2) by inserting a comma after `profit-sharing agreement'.
SEC. 3516. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 29.
 The table of sections at the beginning of chapter 29 of title 18, United
 States Code, is amended--
 (1) in the item relating to section 603, by striking `Place of solicitation'
 and inserting `Making political contributions'; and
 (2) in the item relating to section 607, by striking `Making political
 contributions' and inserting `Place of solicitation'.
SEC. 3517. CORRECTION OF HEADING OF SECTION 665.
 (a) The heading of section 665 of title 18, United States Code, is amended
 by striking the colons and inserting semicolons.
 (b) Section 665(c) of title 18, United States Code, is amended by striking
 `Any person whoever' and inserting `Whoever'.
SEC. 3518. PUNCTUATION CORRECTION TO HEADING FOR CHAPTER 33.
 The heading at the beginning of chapter 33 of title 18, United States Code,
 is amended by inserting a comma after `insignia'.
SEC. 3519. REDESIGNATION OF SECOND SECTION 798.
 (a) GENERALLY- The second section 798 of title 18, United States Code,
 is redesignated as section 798A.
 (b) TABLE OF SECTIONS- The item relating to the second section 798 in the
 table of sections at the beginning of chapter 37 of title 18, United States
 Code, is amended by striking `798' and inserting `798A'.
 (c) CROSS REFERENCE CONFORMING AMENDMENT- Section 14 of title 18, United
 States Code, is amended by striking `798' the first place it appears and
 all that follows through `799' and inserting `798, 798A, 799'.
SEC. 3520. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 40.
 The item relating to section 843 in the table of sections at the beginning
 of chapter 40 of title 18, United States Code, is amended by striking
 `Licensing' and inserting `Licenses'.
SEC. 3521. CORRECTION TO SECTION 842.
 Section 842 of title 18, United States Code, is amended--
 (1) in subsection (d)(5), by striking the period and inserting `; or'; and
 (2) in subsection (i)(3),  by striking the period and inserting `; or'.
SEC. 3522. CORRECTION TO SECTION 844.
 Section 844 of title 18, United States Code, is amended by striking the
 comma that immediately follows a comma.
SEC. 3523. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 44.
 The item relating to section 928 in the table of sections at the beginning of
 chapter 44 of title 18, United States Code, is amended by striking `clause'.
SEC. 3524. CORRECTION TO SECTION 922.
 Section 922(b)(1) is amended by striking the period at the end and inserting
 a semicolon.
SEC. 3525. CORRECTION TO SECTION 923.
 Section 923(a)(3)(B) is amended by inserting a comma after `devices'.
SEC. 3526. AMENDMENTS RELATING TO THE UNDETECTABLE FIREARMS ACT OF 1988.
 (a) REDESIGNATION IN TITLE 18- Section 924 of title 18, United States Code,
 is amended by redesignating the second subsection (f) and subsection (g)
 as subsections (g) and (h), respectively.
 (b) REDESIGNATION IN ORIGINAL ACT- Section 2(f)(2)(B) of the Undetectable
 Firearms Act of 1988 is amended by inserting `and subsections (g) and
 (h) of such section are hereby redesignated as subsections (f) and (g),
 respectively' before the semicolon.
SEC. 3527. ELIMINATION OF REDUNDANT WORDS.
 Section 924(c)(1) of title 18, United States Code, is amended by striking
 `imprisonment for' the 4th place it appears.
SEC. 3528. INSERTION OF MISSING PARENTHESES.
 Section 924(a)(1) is amended by striking `3' and inserting `(3)'.
SEC. 3529. ADDITIONAL CORRECTIONS TO SECTION 924.
 Section 924 of title 18, United States Code, is amended--
 (1) in subsection (a)(2)--
 (A) by striking `subsections' and inserting `subsection'; and
 (B) by inserting a comma after `years'.
 (2) in subsection (e)(2)(A)(ii), by striking `and'; and
 (3) in subsection (e)(2)(B)(ii), by striking the period and inserting `; and'.
SEC. 3530. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 45.
 The table of sections at the beginning of chapter 45 of title 18, United
 States Code, is amended by striking the item relating to section 968.
SEC. 3531. CORRECTION TO SECTION 981.
 Section 981(d) of title 18, United States Code, is amended by adding a
 period at the end.
SEC. 3532. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 47.
 The item relating to section 1031 in the table of sections at the beginning
 of chapter 47 of title 18, United States Code, is amended by inserting a
 period after `1031'.
SEC. 3533. CORRECTION OF CROSS REFERENCE IN SECTION 1030.
 Section 1030 of title 18, United States Code, is amended by striking
 `paragraph r' and inserting `paragraph y'.
SEC. 3534. ELIMINATION OF SUPERFLUOUS PUNCTUATION IN SECTION 1113.
 Section 1113 of title 18, United States Code, is amended by striking the
 final period.
SEC. 3535. CAPITALIZATION AND AGENCY REFERENCE CORRECTIONS IN SECTION 1114.
 Section 1114 of title 18, United States Code, is amended--
 (1) by striking `secret service' and inserting `Secret Service';
 (2) by striking `any officer or employee of the Department of Health,
 Education, and Welfare,' and inserting `any officer or employee of the
 Department of Education, the Department of Health and Human Services,'; and
 (3) by striking `the Federal Savings and Loan Insurance Corporation,'.
SEC. 3536. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 53.
 The table of sections at the beginning of chapter 53 of title 18, United
 States Code, is amended by striking the item relating to section 1157.
SEC. 3537. CORRECTION TO SECTION 1168.
 Section 1168(a) of title 18, United States Code, is amended by striking
 `and be imprisoned for' and inserting `or imprisoned'.
SEC. 3538. CROSS REFERENCE CORRECTION IN SECTION 1201.
 Section 1201(a)(3) of title 18, United States Code, is amended--
 (1) by striking `101(36)' and inserting `101(38)'; and
 (2) by striking `, as amended (49 U.S.C. 1301(36))'.
SEC. 3539. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 57.
 The table of sections at the beginning of chapter 57 of title 18, United
 States Code, is amended by striking the item relating to section 1232.
SEC. 3540. CORRECTION OF HEADING OF SECTION 1262.
 The heading of section 1262 of title 18, United States Code, is amended by
 striking `state' and inserting `State'.
SEC. 3541. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 63.
 The item relating to section 1342 in the table of sections at the beginning
 of chapter 63 of title 18, United States Code, is amended by striking `and'
 and inserting `or'.
SEC. 3542. CORRECTION TO SECTION 1345.
 Section 1345 of title 18, United States Code, is amended by inserting a
 comma after `of this title'.
SEC. 3543. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 65.
 The item relating to section 1366 in the table of sections at the beginning
 of chapter 65 of title 18, United States Code, is amended by inserting a
 period after `1366'.
SEC. 3544. CORRECTION OF QUOTATION MARK.
 Section 1365(g)(1)(A) of title 18, United States Code, is amended by
 inserting an open quotation mark before `device'.
SEC. 3545. CORRECTION OF CROSS REFERENCE.
 Section 1366(c) of title 18, United States Code, is amended by striking
 `49 U.S.C. 1671' and inserting `section 2 of the Natural Gas Pipeline Safety
 Act of 1968'.
SEC. 3546. ELIMINATION OF EXECUTED CLERICAL AMENDMENT.
 Section 1366 of title 18, United States Code, is amended by striking
 subsection (d).
SEC. 3547. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 67.
 The table of sections at the beginning of chapter 67 of title 18, United
 States Code, is amended by striking the item relating to section 1383.
SEC. 3548. CORRECTION TO SECTION 1466.
 Section 1466(b) of title 18, United States Code, is amended--
 (1) by striking `this subsection' and inserting `this section'; and
 (2) by striking `subsection (b)' and inserting `this subsection'.
SEC. 3549. CROSS REFERENCE CORRECTION TO SECTION 1467.
 Section 1467(h)(4) of title 18, United States Code, is amended by striking
 `in accordance' and all that follows through `United States Code' and
 inserting `under section 616 of the Tariff Act of 1930'.
SEC. 3550. CORRECTION TO SECTION 1546.
 Section 1546(a) of title 18, United States Code, is amended by striking
 `Shall be fined not more than in accordance with this title' and inserting
 `Shall be fined under this title'.
SEC. 3551. CORRECTION TO SECTION 1716A.
 Section 1716A(a) of title 18, United States Code, is amended by striking
 `shall be under this title' and inserting `shall be fined under this
 title or'.
SEC. 3552. CORRECTION TO HEADING OF SECTION 1717.
 (a) GENERALLY- The heading of section 1717 of title 18, United States Code,
 is amended by striking `; opening letters'.
 (b) CONFORMING AMENDMENT- The item relating to section 1717 in the table
 of sections at the beginning of chapter 83 of title 18, United States Code,
 is amended by striking `; opening letters'.
SEC. 3553. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 84.
 The table of sections at the beginning of chapter 84 of title 18, United
 States Code, is amended by adding at the end the following:
`1752. Temporary residences and offices of the President and others.'.
SEC. 3554. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 91.
 The table of sections at the beginning of chapter 91 of title 18, United
 States Code, is amended by striking the item relating to section 1862.
SEC. 3555. CORRECTION TO SECTION 1864.
 Section 1864 of title 18, United States Code, is amended--
 (1) by striking `and' at the end of subsection (d)(1)(D); and
 (2) in subsection (d)(2)(E), by striking the period at the end and inserting
 `; and'.
SEC. 3556. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 93.
 The table of sections at the beginning of chapter 93 of title 18, United
 States Code, is amended--
 (1) in the item relating to section 1906, by striking `by bank examiner'
 and inserting `from a bank examination report'; and
 (2) by striking the item relating to section 1914.
SEC. 3557. CORRECTIONS TO SECTION 1956.
 Section 1956 of title 18, United States Code, is amended--
 (1) in subsection (c)(7)(A), by striking `the Currency and Foreign
 Transactions Reporting Act' and inserting `subchapter II of chapter 53 of
 title 31';
 (2) in subsection (c)(7)(D)--
 (A) by striking `or section 2113' and inserting `section 2113';
 (B) by striking `theft) of this title,' and inserting `theft), or'; and
 (C) by inserting `of this title' after `2319 (relating to copyright
 infringement)';
 (D) by striking `paraphenalia' and inserting `paraphernalia'; and
 (E) by striking the final period.
SEC. 3558. CORRECTION TO SECTION 1958.
 Section 1958(b) of title 18, United States Code, is amended by striking
 `1952B' and inserting `1959'.
SEC. 3559. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 96.
 The item relating to section 1962 in the table of sections at the beginning
 of chapter 96 of title 18, United States Code, is amended by striking
 `racketeering'.
SEC. 3560. CORRECTION TO SECTION 1961.
 Section 1961(1) of title 18, United States Code, is amended--
 (1) by striking `section 1029 (relative' and inserting `section 1029
 (relating'; and
 (2) by striking `sections 2251 through 2252 (relating to sexual exploitation
 of children),'.
SEC. 3561. CORRECTION TO SECTION 1963.
 Section 1963(a) of title 18, United States Code, is amended by striking
 `or both.' and inserting `or both'.
SEC. 3562. CORRECTION OF HEADING OF SECTION 2114.
 The heading of section 2114 of title 18, United States Code, is amended by
 inserting a comma after `money'.
SEC. 3563. PUNCTUATION CORRECTION TO SECTION 2251(a).
 Section 2251(a) of title 18, United States Code, is amended by striking
 `in,,' and inserting `in,'.
SEC. 3564. CORRECTIONS TO SECTION 2253.
 Section 2253 of title 18, United States Code, is amended--
 (1) in subsection (a), by striking `sections 2251' and inserting `section
 2251'; and
 (2) in subsection (h)(4), by striking `in accordance' and all that follows
 through `United States Code' and inserting `under section 616 of the Tariff
 Act of 1930'.
SEC. 3565. CORRECTIONS TO SECTION 2254.
 Section 2254 of title 18, United States Code, is amended--
 (1) in subsection (a), by striking `sections 2251' each place it appears
 and inserting `section 2251';
 (2) in subsection (e), by inserting `INAPPLICABILITY OF CERTAIN SECTIONS-
 ' after `(e)'; and
 (3) in subsection (f)--
 (A) by striking `subchapter' and inserting `section'; and
 (B) in paragraph (1), by striking `pursuant to section 1616 of title 19'
 and inserting `under section 616 of the Tariff Act of 1930'.
SEC. 3566. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 111.
 The item relating to section 2271 in the table of sections at the beginning
 of chapter 111 of title 18, United States Code, is amended by striking
 `vessel' and inserting `vessels'.
SEC. 3567. CORRECTION OF HEADING OF SECTION 2318.
 The heading of section 2318 of title 18, United States Code, is amended by
 striking the comma.
SEC. 3568. CROSS REFERENCE CORRECTIONS IN SECTION 2516.
 Section 2516(j) of title 18, United States Code, is amended by striking
 `any violation of section 1679a(c)(2) (relating to destruction of a
 natural gas pipeline) or subsection (i) or (n) of section 1472 (relating
 to aircraft piracy) of title 49, of the United States Code' and inserting
 `any violation of section 11(c)(2) of the Natural Gas Pipeline Safety Act of
 1968 (relating to destruction of a natural gas pipeline) or section 902(i)
 or (n) of the Federal Aviation Act of 1958 (relating to aircraft piracy)'.
SEC. 3569. CORRECTIONS TO SECTION 3013.
 Section 3013 of title 18, United States Code, is amended--
 (1) in subsection (a)(1)(B)(i), by striking `a infraction' and inserting
 `an infraction'; and
 (2) in subsection (a)(1)(B)(iii), by striking the period at the end and
 inserting a semicolon.
SEC. 3570. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 203.
 The table of sections at the beginning of chapter 203 of title 18, United
 States Code, is amended by striking the item relating to section 3054.
SEC. 3571. CORRECTION TO SECTION 3058.
 Section 3058 of title 18, United States Code, is amended by striking
 `beligerent' and inserting `belligerent'.
SEC. 3572. CORRECTION TO SECTION 3077.
 Section 3077 of title 18, United States Code, is amended--
 (1) in paragraph (4), by striking the comma before the close quotation mark
 and inserting a comma after that mark;
 (2) in each of paragraphs (1), (2), (3), and (5), by striking the period
 at the end and inserting a semicolon; and
 (3) in paragraph (6), by striking the period at the end and inserting `; and'.
SEC. 3573. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 205.
 The table of sections at the beginning of chapter 205 of title 18, United
 States Code, is amended--
 (1) by striking the item relating to section 3112; and
 (2) by striking `3117' the last place it appears and inserting `3118'.
SEC. 3574. REDESIGNATION OF DUPLICATE SECTION 3117.
 Section 3117 of title 18, United States Code, that relates to implied
 consent for certain tests, is redesignated as section 3118.
SEC. 3575. CORRECTION TO SECTION 3124.
 Section 3124(b) of title 18, United States Code, is amended by striking
 `subsection 3123(b)' and inserting `section 3123(b)'.
SEC. 3576. CLARIFYING REENACTMENT OF PORTION OF SECTION 3154.
 Paragraph (1) of section 3154 of title 18, United States Code, is amended by
 striking `community' and all that follows through the end of such paragraph
 and inserting `community, and, where appropriate, include a recommendation
 as to whether such individual should be released or detained and, if release
 is recommended, recommend appropriate conditions of release.'.
SEC. 3577. PUNCTUATION CORRECTION TO SECTION 3165.
 Section 3165(e)(2) of title 18, United States Code, is amended by striking
 `twelve-calendar month' and inserting `twelve-calendar-month'.
SEC. 3578. SPELLING CORRECTION TO SECTION 3166.
 Section 3166(b)(8) of title 18, United States Code, is amended by striking
 `extention' and inserting `extension'.
SEC. 3579. STYLE CORRECTION TO SECTION 3170.
 Subsections (a) and (b) of section 3170 of title 18, United States Code,
 are each amended by striking `(c)' and inserting `3166(c)' in lieu thereof.
SEC. 3580. CORRECTION TO SECTION 3289.
 Section 3289 of title 18, United States Code, is amended by inserting a
 comma after `information' the second place it appears.
SEC. 3581. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 224.
 The item relating to section 3526 in the table of sections at the beginning
 of chapter 224 of title 18, United States Code, is amended by inserting `;
 reimbursement of expenses' after `governments'.
SEC. 3582. CORRECTION TO SECTION 3521.
 Section 3521 of title 18, United States Code, is amended--
 (1) in the final sentence of subsection (b)(1), by inserting `(G)' after
 `subparagraph'; and
 (2) in subsection (d)(3), by inserting `the' before `Civil Rights Division'.
SEC. 3583. CORRECTION TO SECTION 3562.
 Section 3562(b)(2) of title 18, United States Code, is amended by inserting
 `of the Federal Rules of Criminal Procedure' after `rule 35'.
SEC. 3584. CORRECTION TO SECTION 3563.
 Section 3563 of title 18, United States Code, is amended--
 (1) in subsection (a), by striking `defendent' and inserting `defendant'; and
 (2) in subsection (b)(3)--
 (A) by striking `pursuant to the provisions of section 3663 and 3664'
 and inserting `under sections 3663 and 3664'; and
 (B) by inserting `section' before `3663(a)'.
SEC. 3585. CORRECTION TO SECTION 3565.
 Section 3565(a)(1) of title 18, United States Code, is amended by striking
 `of modifying' and inserting `or modifying'.
SEC. 3586. CORRECTION OF TABLE OF SECTIONS FOR SUBCHAPTER C OF CHAPTER 227.
 The table of sections at the beginning of subchapter C of chapter 227 of
 title 18, United States Code, is amended--
 (1) in the item relating to section 3572, by inserting `and related matters'
 after `fines'; and
 (2) in the item relating to section 3573, by striking `revision' and inserting
 `remission'.
SEC. 3587. CORRECTION TO SECTION 3572.
 Section 3572(c)(2) of title 18, United States Code, is amended by inserting
 `of the Federal Rules of Criminal Procedure' after `rule 35'.
SEC. 3588. CORRECTION TO SECTION 3582.
 Section 3582(b)(2) of title 18, United States Code, is amended by inserting
 `of the Federal Rules of Criminal Procedure' after `rule 35'.
SEC. 3589. CORRECTION TO SECTION 3583.
 Section 3583 of title 18, United States Code, is amended--
 (1) in subsection (d)(2), by inserting a comma after `3553(a)(2)(B)';
 (2) in subsection (e)--
 (A) by striking `or' at the end of paragraph (2);
 (B) by striking the period at the end of paragraph (3) and inserting `;
 or'; and
 (C) by redesignating paragraph (5) as paragraph (4).
SEC. 3590. CORRECTION OF TABLE OF SECTIONS FOR SUBCHAPTER A OF CHAPTER 229.
 The item relating to section 3607 in the table of sections at the beginning
 of subchapter A of chapter 229 of title 18, United States Code, is amended
 by striking `possessor' and inserting `possessors'.
SEC. 3591. CORRECTION TO SECTION 3611.
 Section 3611 of title 18, United States Code, is amended by striking
 `604(a)(17)' and inserting `604(a)(18)'.
SEC. 3592. CORRECTION TO SECTION 3612.
 Section 3612(a) of title 18, United States Code, is amended by striking
 `604(a)(17)' each place it appears and inserting `604(a)(18)'.
SEC. 3593. CORRECTION TO SECTION 3613.
 Section 3613(c) is amended by striking the period before the final quotation
 mark and inserting a period after such mark.
SEC. 3594. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 232.
 The item relating to section 3669 in the table of sections at the beginning
 of chapter 232 of title 18, United States Code, is amended by striking
 `Conveyance' and inserting `Conveyances'.
SEC. 3595. CROSS REFERENCE UPDATE FOR SECTION 3663.
 Section 3663(f)(4) of title 18, United States Code, is amended by striking
 `604(a)(17)' and inserting `604(a)(18)'.
SEC. 3596. CROSS REFERENCE UPDATE FOR SECTION 3664.
 Section 3664(a) of title 18, United States Code, is amended by striking
 `3579' and inserting `3663'.
SEC. 3597. CORRECTION TO TABLE OF CHAPTERS FOR PART III.
 The table of chapters for part III of title 18, United States Code,
 is amended--
 (1) by inserting after the item relating to chapter 305 the following:
4100';
and
 (2) by inserting after the item relating to chapter 317 the following:
4351'.
SEC. 3598. CROSS REFERENCE CORRECTION TO SECTION 4109.
 Section 4109(a) of title 18, United States Code, is amended--
 (1) by striking `the Criminal Justice Act (18 U.S.C. 3006A)' and inserting
 `section 3006A of this title'; and
 (2) by striking `the Criminal Justice Act (18 U.S.C. 3006(a))' and inserting
 `section 3006A of this title'.
SEC. 3599. CORRECTION TO SECTION 4013.
 Section 4013 of title 18, United States Code, is amended by striking `(a)'.
SEC. 3599A. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 307.
 The item relating to section 4126 in the table of sections at the beginning
 of chapter 307 of title 18, United States Code, is amended by striking
 `fund' and inserting `Fund'.
SEC. 3599B. CORRECTION TO HEADING OF SECTION 4106A.
 The heading at the beginning of section 4106A of title 18, United States Code,
 is amended by inserting `of' before `offenders' the second place it appears.
SEC. 3599C. CORRECTION TO SECTION 4106A.
 Section 4106A(b)(1)(C) of title 18, United States Code, is amended by adding
 a period at the end.
SEC. 3599D. CORRECTION TO SECTION 4246.
 Section 4246(g) of title 18, United States Code, is amended by striking
 `subchapter' and inserting `chapter'.
SEC. 3599E. CORRECTION TO SECTION 4285.
 Section 4285 of title 18, United States Code, is amended by striking `exced'
 and inserting `exceed'.
SEC. 3599F. CORRECTION TO SECTION 4352.
 Section 4352(c) of title 18, United States Code, is amended by striking
 `this shall' and inserting `this chapter shall'.
SEC. 3599G. CORRECTION TO SECTION 5032.
 The 4th paragraph of section 5032 of title 18, United States Code, is
 amended by striking `offenses set forth in this subsection' and inserting
 `offenses set forth in this paragraph'.
SEC. 3599H. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 403.
 The item relating to section 5042 in the table of sections at the beginning
 of chapter 403 of title 18, United States Code, is amended by striking
 `Probation' and inserting `probation'.
SEC. 3599I. DEFINITIONS FOR CONTROLLED SUBSTANCES ACT.
 Section 102(32)(A) of the Controlled Substances Act (21 U.S.C. 802(32)(A))
 is amended by striking `stimulent' each place it appears and inserting
 `stimulant'.
SEC. 3599J. SECTION 1010 OF THE CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT.
 Section 1010(b)(2) of the Controlled Substances Import and Export Act
 (21 U.S.C. 960(b)(2)) is amended by striking `suspervised' each place it
 appears and inserting `supervised'.
SEC. 3599K. SECTION 401 OF THE CONTROLLED SUBSTANCES ACT.
 Sections 401(b)(1)(A)(ii)(IV) and 401(b)(1)(B)(ii)(IV) of the Controlled
 Substances Act (21 U.S.C. 841(b)(1)(A)(ii)(IV) and 841(b)(1)(B)(ii)(IV))
 are each amended by striking `any of the substance' and inserting `any of
 the substances'.
SEC. 3599L. SECTIONS 405, 405A, and 405B OF THE CONTROLLED SUBSTANCES ACT.
 Sections 405(b), 405A(b), and 405B(c) of the Controlled Substances Act (which
 are redesignated by this Act) (21 U.S.C. 845(b), 845a(b), and 845b(c)) are
 each amended by striking `have become final' and inserting `has become final'.
SEC. 3599M. SECTION 510 OF THE CONTROLLED SUBSTANCES ACT.
 Section 510(b)(3) of the Controlled Substances Act (21 U.S.C. 880(b)(3))
 is amended by striking `paragraph (5)' and inserting `paragraph (4)'.
TITLE XXXVI--FEDERAL DEBT COLLECTION
 SEC. 3601. This title may be cited as the `Federal Debt Collection Procedures
 Act of 1990'.
Subtitle A--Debt Collection Procedures
 SEC. 3611. Title 28 of the United States Code is amended by inserting after
 chapter 175 the following:
`CHAPTER 176--FEDERAL DEBT COLLECTION PROCEDURE
`Subchapter
3001
3101
3201
3301
`SUBCHAPTER A--DEFINITIONS AND GENERAL PROVISIONS
`Sec.
`3001. Applicability of chapter.
`3002. Definitions.
`3003. Rules of construction.
`3004. Service of process; enforcement; notice.
`3005. Application of chapter to judgments.
`3006. Affidavit requirements.
`3007. Perishable personal property.
`3008. Proceedings before United States magistrates.
`3009. United States marshals' authority to designate keeper.
`3010. Co-owned property.
`3011. Assessment of surcharge on a debt.
`3012. Joinder of additional defendant.
`3013. Modification or protective order; supervision of enforcement.
`3014. Exempt property.
`3015. Discovery as to debtor's financial condition.
`Sec. 3001. Applicability of chapter
 `(a) IN GENERAL- Except as provided in subsection (b), the chapter provides
 the exclusive civil procedures for the United States--
 `(1) to recover a judgment on a debt; or
 `(2) to obtain, before judgment on a claim for a debt, a remedy in connection
 with such claim.
 `(b) LIMITATION- To the extent that another Federal law specifies procedures
 for recovering on a claim or a judgment for a debt arising under such law,
 those procedures shall apply to such claim or judgment to the extent those
 procedures are inconsistent with this chapter.
 `(c) AMOUNTS OWING OTHER THAN DEBTS- This chapter shall not apply with
 respect to an amount owing that is not a debt or to a claim for an amount
 owing that is not a debt.
`Sec. 3002. Definitions
 `As used in this chapter:
 `(1) `Counsel for the United States' means--
 `(A) a United States attorney, an assistant United States attorney designated
 to act on behalf of the United States attorney, or an attorney with the
 United States Department of Justice or with a Federal agency who has
 litigation authority; and
 `(B) any private attorney authorized by contract made in accordance with
 section 3718 of title 31 to conduct litigation for collection of debts on
 behalf of the United States.
 `(2) `Court' means any court created by the Congress of the United States,
 excluding the United States Tax Court.
 `(3) `Debt' means--
 `(A) an amount that is owing to the United States on account of a direct
 loan, or loan insured or guaranteed, by the United States; or
 `(B) an amount that is owing to the United States on account of a fee,
 duty, lease, rent, service, sale of real or personal property, overpayment,
 fine, assessment, penalty, restitution, damages, interest, tax, bail bond
 forfeiture, reimbursement, recovery of a cost incurred by the United States,
 or other source of indebtedness to the United States, but that is not owing
 under the terms of a contract originally entered into by only persons other
 than the United States;
and includes any amount owing to the United States for the benefit of an
Indian tribe or individual Indian, but excludes any amount to which the
United States is entitled under section 3011(a).
 `(4) `Debtor' means a person who is liable for a debt or against whom there
 is a claim for a debt.
 `(5) `Disposable earnings' means that part of earnings remaining after all
 deductions required by law have been withheld.
 `(6) `Earnings' means compensation paid or payable for personal services,
 whether denominated as wages, salary, commission, bonus, or otherwise,
 and includes periodic payments pursuant to a pension or retirement program.
 `(7) `Garnishee' means a person (other than the debtor) who has, or is
 reasonably thought to have, possession, custody, or control of any property
 in which the debtor has a substantial nonexempt interest, including any
 obligation due the debtor or to become due the debtor, and against whom a
 garnishment under section 3104 or 3205 is issued by a court.
 `(8) `Judgment' means a judgment, order, or decree entered in favor of the
 United States in a court and arising from a civil or criminal proceeding
 regarding a debt.
 `(9) `Nonexempt disposable earnings' means 25 percent of disposable earnings,
 subject to section 303 of the Consumer Credit Protection Act.
 `(10) `Person' includes a natural person (including an individual Indian),
 a corporation, a partnership, an unincorporated association, a trust, or an
 estate, or any other public or private entity, including a State or local
 government or an Indian tribe.
 `(11) `Prejudgment remedy' means the remedy of attachment, receivership,
 garnishment, or sequestration authorized by this chapter to be granted
 before judgment on the merits of a claim for a debt.
 `(12) `Property' includes any present or future interest, whether legal
 or equitable, in real, personal (including choses in action), or mixed
 property, tangible or intangible, vested or contingent, wherever located
 and however held (including community property and property held in trust
 (including spendthrift and pension trusts)), but excludes--
 `(A) property held in trust by the United States for the benefit of an
 Indian tribe or individual Indian; and
 `(B) Indian lands subject to restrictions against alienation imposed by
 the United States.
 `(13) `Security agreement' means an agreement that creates or provides for
 a lien.
 `(14) `State' means any of the several States, the District of Columbia,
 the Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas,
 or any territory or possession of the United States.
 `(15) `United States' means--
 `(A) a Federal corporation;
 `(B) an agency, department, commission, board, or other entity of the United
 States; or
 `(C) an instrumentality of the United States.
 `(16) `United States marshal' means a United States marshal, a deputy
 marshal, or an official of the United States Marshals Service designated
 under section 564.
`Sec. 3003. Rules of construction
 `(a) TERMS- For purposes of this chapter--
 `(1) the terms `includes' and `including' are not limiting;
 `(2) the term `or' is not exclusive; and
 `(3) the singular includes the plural.
 `(b) EFFECT ON RIGHTS OF THE UNITED STATES- This chapter shall not be
 construed to curtail or limit the right of the United States under any
 other Federal law or any State law--
 `(1) to collect taxes or to collect any other amount collectible in the
 same manner as a tax;
 `(2) to collect any fine, penalty, assessment, restitution, or forfeiture
 arising in a criminal case;
 `(3) to appoint or seek the appointment of a receiver; or
 `(4) to enforce a security agreement.
 `(c) EFFECT ON OTHER LAWS- This chapter shall not be construed to supersede
 or modify the operation of--
 `(1) title 11;
 `(2) admiralty law;
 `(3) section 3713 of title 31;
 `(4) section 303 of the Consumer Credit Protection Act (15 U.S.C. 1673);
 `(5) a statute of limitation applicable to a criminal proceeding;
 `(6) the common law or statutory rights to set-off or recoupment;
 `(7) any Federal law authorizing, or any inherent authority of a court to
 provide, injunctive relief;
 `(8) the authority of a court--
 `(A) to impose a sanction under the Federal Rules of Civil Procedure;
 `(B) to appoint a receiver to effectuate its order; or
 `(C) to exercise the power of contempt under any Federal law;
 `(9) any law authorizing the United States to obtain partition, or to
 recover possession, of property in which the United States holds title; or
 `(10) any provision of any other chapter of this title, except to the extent
 such provision is inconsistent with this chapter.
 `(d) PREEMPTION- This chapter shall preempt State law to the extent such
 law is inconsistent with a provision of this chapter.
 `(e) EFFECT ON RIGHTS OF THE UNITED STATES UNDER FOREIGN AND INTERNATIONAL
 LAW- This chapter shall not be construed to curtail or limit the rights
 of the United States under foreign law, under a treaty or an international
 agreement, or otherwise under international law.
 `(f) APPLICABILITY OF FEDERAL RULES OF CIVIL PROCEDURE- Except as provided
 otherwise in this chapter, the Federal Rules of Civil Procedure shall apply
 with respect to actions and proceedings under this chapter.
`Sec. 3004. Service of process; enforcement; notice
 `(a) MANNER OF SERVICE- A complaint, notice, writ, or other process required
 to be served in an action or proceeding under this chapter shall be served
 in accordance with the Federal Rules of Civil Procedure unless otherwise
 provided in this chapter.
 `(b) NATIONWIDE ENFORCEMENT- (1) Except as provided in paragraph (2)--
 `(A) any writ, order, judgment, or other process, including a summons and
 complaint, filed under this chapter may be served in any State; and
 `(B) such writ, order, or judgment may be enforced by the court issuing the
 writ, order, or process, regardless of where the person is served with the
 writ, order, or process.
 `(2) If the debtor so requests, within 20 days after receiving the notice
 described in section 3101(d) or 3202(b), the action or proceeding in which
 the writ, order, or judgment was issued shall be transferred to the district
 court for the district in which the debtor resides.
 `(c) NOTICE AND OTHER PROCESS- At such time as counsel for the United
 States considers appropriate, but not later than the time a prejudgment
 or postjudgment remedy is put into effect under this chapter, counsel
 for the United States shall exercise reasonable diligence to serve on the
 debtor and any person who the United States believes, after exercising due
 diligence, has possession, custody, or control of the property, a copy of
 the application for such remedy, the order granting such remedy, and the
 notice required by section 3101(d) or 3202(b).
`Sec. 3005. Application of chapter to judgments
 `This chapter shall not apply with respect to a judgment on a debt if
 such judgment is entered more than 10 years before the effective date of
 this chapter.
`Sec. 3006. Affidavit requirements
 `Any affidavit required of the United States by this chapter may be made on
 information and belief, if reliable and reasonably necessary, establishing
 with particularity, to the court's satisfaction, facts supporting the claim
 of the United States.
`Sec. 3007. Perishable personal property
 `(a) AUTHORITY TO SELL- If at any time during any action or proceeding under
 this chapter the court determines on its own initiative or upon motion
 of any party, that any seized or detained personal property is likely
 to perish, waste, or be destroyed, or otherwise substantially depreciate
 in value during the pendency of the proceeding, the court shall order a
 commercially reasonable sale of such property.
 `(b) DEPOSIT OF SALE PROCEEDS- Within 5 days after such sale, the proceeds
 shall be deposited with the clerk of the court, accompanied by a statement
 in writing and signed by the United States marshal, to be filed in the
 action or proceeding, stating the time and place of sale, the name of the
 purchaser, the amount received, and an itemized account of expenses.
 `(c) PRESUMPTION- For purposes of liability on the part of the United States,
 there shall be a presumption that the price paid at a sale under subsection
 (a) is the fair market value of the property or portion.
`Sec. 3008. Proceedings before United States magistrates
 `A district court of the United States may assign its duties in proceedings
 under this chapter to a United States magistrate to the extent not
 inconsistent with the Constitution and laws of the United States.
`Sec. 3009. United States marshals' authority to designate keeper
 `Whenever a United States marshal is authorized to seize property pursuant
 to this chapter, the United States marshal may designate another person or
 Federal agency to hold for safekeeping such property seized.
`Sec. 3010. Co-owned property
 `(a) LIMITATION- The remedies available to the United States under this
 chapter may be enforced against property which is co-owned by a debtor
 and any other person only to the extent allowed by the law of the State
 where the property is located. This section shall not be construed to limit
 any right or interest of a debtor or co-owner in a retirement system for
 Federal military or civilian personnel established by the United States or
 any agency thereof or in a qualified retirement arrangement.
 `(b) DEFINITIONS- For purposes of subsection (a)--
 `(1) the term  `retirement system for Federal military or civilian personnel'
 means a pension or annuity system for Federal military or civilian personnel
 of more than one agency, or for some or all of such personnel of a single
 agency, established by statute or by regulation pursuant to statutory
 authority; and
 `(2) the term `qualified retirement arrangement' means a plan qualified
 under section 401(a), 403(a), or 409 of the Internal Revenue Code of 1986
 or a plan that is subject to the requirements of section 205 of the Employee
 Retirement Income Security Act of 1974.
`Sec. 3011. Assessment of surcharge on a debt
 `(a) SURCHARGE AUTHORIZED- In an action or proceeding under subchapter
 B or C, and subject to subsection (b), the United States is entitled to
 recover a surcharge of 10 percent of the amount of the debt in connection
 with the recovery of the debt, to cover the cost of processing and handling
 the litigation and enforcement under this chapter of the claim for such debt.
 `(b) LIMITATION- Subsection (a) shall not apply if--
 `(1) the United States receives an attorney's fee in connection with the
 enforcement of the claim; or
 `(2) the law pursuant to which the action on the claim is based provides
 any other amount to cover such costs.
`Sec. 3012. Joinder of additional defendant
 `The United States or the debtor may join as an additional defendant in an
 action or proceeding under this chapter any person reasonably believed to owe
 money (including money owed on account of a requirement to provide goods or
 services pursuant to a loan or loan guarantee extended under Federal law) to
 the debtor arising out of the transaction or occurrence giving rise to a debt.
`Sec. 3013. Modification or protective order; supervision of enforcement
 `The court may at any time on its own initiative or the motion of any
 interested person, and after such notice as it may require, make an order
 denying, limiting, conditioning, regulating, extending, or modifying the
 use of any enforcement procedure under this chapter.
`Sec. 3014. Exempt property
 `(a) ELECTION TO EXEMPT PROPERTY- An individual debtor may, in an action or
 proceeding under this chapter, elect to exempt property listed in either
 paragraph (1) or, in the alternative, paragraph (2). If such action or
 proceeding is against debtors who are husband and wife, one debtor may not
 elect to exempt property listed in paragraph (1) and the other debtor elect
 to exempt property listed in paragraph (2). If the debtors cannot agree
 on the alternative to be elected, they shall be deemed to elect paragraph
 (1). Such property is either--
 `(1) property that is specified in section 522(d) of title 11, as amended
 from time to time; or
 `(2)(A) any property that is exempt under Federal law, other than paragraph
 (1), or State or local law that is applicable on the date of the filing of
 the application for a remedy under this chapter at the place in which the
 debtor's domicile has been located for the 180 days immediately preceding
 the date of the filing of such application, or for a longer portion of such
 180-day period than in any other place; and
 `(B) any interest in property in which the debtor had, immediately before
 the filing of such application, an interest as a tenant by the entirety or
 joint tenant, or an interest in a community estate, to the extent that such
 interest is exempt from process under applicable nonbankruptcy law.
 `(b) EFFECT ON ASSERTION AND MANNER OF DETERMINATION-
 `(1) STATEMENT- A court may order the debtor to file a statement with regard
 to any claimed exemption. A copy of such statement shall be served on counsel
 for the United States. Such statement shall be under oath and shall describe
 each item of property for which exemption is claimed, the value and the
 basis for such valuation, and the nature of the debtor's ownership interest.
 `(2) HEARING- The United States or the debtor, by application to the court
 in which an action or proceeding under this chapter is pending, may request a
 hearing on the applicability of any exemption claimed by the debtor. The court
 shall determine the extent (if any) to which the exemption applies. Unless
 it is reasonably evident that the exemption applies, the debtor shall bear
 the burden of persuasion.
 `(3) STAY OF DISPOSITION- Assertion of an exemption shall prevent the United
 States from selling or otherwise disposing of the property for which such
 exemption is claimed until the court determines whether the debtor has
 a substantial nonexempt interest in such property. The United States may
 not take possession of, dispose of, sell, or otherwise interfere with the
 debtor's normal use and enjoyment of an interest in property the United
 States knows or has reason to know is exempt.
 `(c) DEBTORS IN JOINT CASES- Subject to the limitation in subsection (a), this
 section shall apply separately with respect to each debtor in a joint case.
`Sec. 3015. Discovery as to debtor's financial condition
 `(a) IN GENERAL- Except as provided in subsection (b), in an action or
 proceeding under subchapter B or C, the United States may have discovery
 regarding the financial condition of the debtor in the manner in which
 discovery is authorized by the Federal Rules of Civil Procedure in an action
 on a claim for a debt.
 `(b) LIMITATION- Subsection (a) shall not apply with respect to an action
 or proceeding under subchapter B unless there is a reasonable likelihood
 that the debt involved exceeds $50,000.
`SUBCHAPTER B--PREJUDGMENT REMEDIES
`Sec.
`3101. Prejudgment remedies.
`3102. Attachment.
`3103. Receivership.
`3104. Garnishment.
`3105. Sequestration.
`Sec. 3101. Prejudgment remedies
 `(a) APPLICATION- (1) The United States may, in a proceeding in conjunction
 with the complaint or at any time after the filing of a civil action on
 a claim for a debt, make application under oath to a court to issue any
 prejudgment remedy.
 `(2) Such application shall be filed with the court and shall set forth
 the factual and legal basis for each prejudgment remedy sought.
 `(3) Such application shall--
 `(A) state that the debtor against whom the prejudgment remedy is sought
 shall be afforded an opportunity for a hearing; and
 `(B) set forth with particularity that all statutory requirements under this
 chapter for the issuance of the prejudgment remedy sought have been satisfied.
 `(b) GROUNDS- Subject to section 3102, 3103, 3104, or 3105, a prejudgment
 remedy may be granted by any court if the United States shows reasonable
 cause to believe that--
 `(1) the debtor--
 `(A) is about to leave the jurisdiction of the United States with the effect
 of hindering, delaying, or defrauding the United States in its effort to
 recover a debt;
 `(B) has or is about to assign, dispose, remove, conceal, ill treat, waste,
 or destroy property with the effect of hindering, delaying, or defrauding
 the United States;
 `(C) has or is about to convert the debtor's property into money, securities,
 or evidence of debt in a manner prejudicial to the United States with the
 effect of hindering, delaying, or defrauding the United States; or
 `(D) has evaded service of process by concealing himself or has temporarily
 withdrawn from the jurisdiction of the United States with the effect of
 hindering, delaying, or defrauding the United States; or
 `(2) a prejudgment remedy is required to obtain jurisdiction within the
 United States and the prejudgment remedy sought will result in obtaining
 such jurisdiction.
 `(c) AFFIDAVIT- (1) The  application under subsection (a) shall include an
 affidavit establishing with particularity to the court's satisfaction facts
 supporting the probable validity of the claim for a debt and the right of
 the United States to recover what is demanded in the application.
 `(2) The affidavit shall state--
 `(A) specifically the amount of the debt claimed by the United States and
 any interest or costs attributable to such debt;
 `(B) one or more of the grounds specified in subsection (b); and
 `(C) the requirements of section 3102(b), 3103(a), 3104(a), or 3105(b),
 as the case may be.
 `(3) No bond is required of the United States.
 `(d) NOTICE AND HEARING- (1) On filing an application by the United States as
 provided in this section, the counsel for the United States shall prepare,
 and the clerk shall issue, a notice for service on the debtor against whom
 the prejudgment remedy is sought and on any other person whom the United
 States reasonably believes, after exercising due diligence, has possession,
 custody, or control of property affected by such remedy. Three copies of
 the notice shall be served on each such person. The form and content of
 such notice shall be approved jointly by a majority of the chief judges of
 the Federal districts in the State in which the court is located and shall
 be in substantially the following form:
`NOTICE
 ` `You are hereby notified that this [property] is being taken by the United
 States Government (`the Government'), which says that [name of debtor]
 owes it a debt of $ [amount] for [reason for debt] and has filed a lawsuit
 to collect this debt. The Government says it must take this property at
 this time because [recite the pertinent ground or grounds from section
 3101(b)]. The Government wants to make sure [name of debtor] will pay if
 the court determines that this money is owed.
 ` `In addition, you are hereby notified that there are exemptions under
 the law which may protect some of this property from being taken by the
 Government if [name of debtor] can show that the exemptions apply. Below
 is a summary of the major exemptions which apply in most situations in the
 State of [State where property is located]:
 `[A statement summarizing in plain and understandable English the election
 available with respect to such State under section 3014 and the types of
 property that may be exempted under each of the alternatives specified in
 paragraphs (1) and (2) of section 3014(a), and a statement that different
 property may be so exempted with respect to the State in which the debtor
 resides.]
 `If you are [name of debtor] and you disagree with the reason the Government
 gives for taking your property now, or if you think you do not owe the
 money to the Government that it says you do, or if you think the property
 the Government is taking qualifies under one of the above exemptions,
 you have a right to ask the court to return your property to you.
 ` `If you want a hearing, you must promptly notify the court. You must make
 your request in writing, and either mail it or deliver it in person to the
 clerk of the court at [address]. If you wish, you may use this notice to
 request the hearing by checking the box below and mailing this notice to the
 court clerk. You must also send a copy of your request to the Government at
 [address], so the Government will know you want a hearing. The hearing will
 take place within 5 days after the clerk receives your request, if you ask
 for it to take place that quickly, or as soon after that as possible.
 ` `At the hearing you may explain to the judge why you think you do not owe
 the money to the Government, why you disagree with the reason the Government
 says it must take your property at this time, or why you believe the property
 the Government has taken is exempt or belongs to someone else. You may make
 any or all of these explanations as you see fit.
 ` `If you think you live outside the Federal judicial district in which the
 court is located, you may request, not later than 20 days after you receive
 this notice, that this proceeding to take your property be transferred by
 the court to the Federal judicial district in which you reside. You must
 make your request in writing, and either mail it or deliver it in person
 to the clerk of the court at [address]. You must also send a copy of your
 request to the Government at [address], so the Government will know you
 want the proceeding to be transferred.
 ` `Be sure to keep a copy of this notice for your own records. If you
 have any questions about your rights or about this procedure, you should
 contact a lawyer, an office of public legal assistance, or the clerk of
 the court. The clerk is not permitted to give legal advice, but can refer
 you to other sources of information.'.
 `(2) By requesting, at any time before judgment on the claim for a debt, the
 court to hold a hearing, the debtor may move to quash the order granting such
 remedy. The court shall hold a hearing on such motion as soon as practicable,
 or, if requested by the debtor, within 5 days after receiving the request
 for a hearing or as soon thereafter as possible. The issues at such hearing
 shall be limited to--
 `(A) the probable validity of the claim for the debt for which such remedy
 was granted and of any defense or claim of exemption asserted by such person;
 `(B) compliance with any statutory requirement for the issuance of the
 prejudgment remedy granted;
 `(C) the existence of any ground set forth in subsection (b); and
 `(D) the inadequacy of alternative remedies (if any) to protect the interests
 of the United States.
 `(e) ISSUANCE OF WRIT- On the court's determination that the requirements
 of subsections (a), (b), and (c) have been met, the court shall issue all
 process sufficient to put into effect the prejudgment remedy sought.
`Sec. 3102. Attachment
 `(a) PROPERTY SUBJECT TO ATTACHMENT- (1) Any property in the possession,
 custody, or control of the debtor and in which the debtor has a substantial
 nonexempt interest, except earnings, may be attached pursuant to a writ
 of attachment in an action or proceeding against a debtor on a claim for
 a debt and may be held as security to satisfy such judgment, and interest
 and costs, as the United States may recover on such claim.
 `(2) The value of property attached shall not exceed the amount by which the
 sum of the amount of the debt claimed by the United States and the amount
 of interest and costs reasonably likely to be assessed against the debtor
 by the court exceeds the aggregate value of the nonexempt interest of the
 debtor in any--
 `(A) property securing the debt; and
 `(B) property garnished or in receivership, or income sequestered, under
 this subchapter.
 `(b) AVAILABILITY OF ATTACHMENT- If the requirements of section 3101 are
 satisfied, a court shall issue a writ authorizing the United States to
 attach property in which the debtor has a substantial nonexempt interest,
 as security for such judgment (and interest and costs) as the United States
 may recover on a claim for a debt--
 `(1) in an action on a contract, express or implied, against the debtor
 for payment of money, only if the United States shows reasonable cause to
 believe that--
 `(A) the contract is not fully secured by real or personal property; or
 `(B) the value of the original security is substantially diminished, without
 any act of the United States or the person to whom the security was given,
 below the amount of the debt;
 `(2) in an action against the debtor for damages in tort;
 `(3) if the debtor resides outside the jurisdiction of the United States; or
 `(4) in an action to recover a fine, penalty, or tax.
 `(c) ISSUANCE OF WRIT; CONTENTS- (1) Subject to subsections (a) and (b),
 a writ of attachment shall be issued by the court directing the United
 States marshal of the district where property described in subsection (a)
 is located to attach the property.
 `(2) Several writs of attachment may be issued at the same time, or in
 succession, and sent to different judicial districts until sufficient
 property is attached.
 `(3) The writ of attachment shall contain--
 `(A) the date of the issuance of the writ;
 `(B) the identity of the court, the docket number of the action, and the
 identity of the cause of action;
 `(C) the name and last known address of the debtor;
 `(D) the amount to be secured by the attachment; and
 `(E) a reasonable description of the property to be attached.
 `(d) LEVY OF ATTACHMENT- (1) The United States marshal receiving the
 writ shall proceed without delay to levy upon the property specified for
 attachment if found within the district. The marshal may not sell property
 unless ordered by the court.
 `(2) In performing the levy, the United States marshal may enter any property
 owned, occupied, or controlled by the debtor, except that the marshal may
 not enter a residence or other building unless the writ expressly authorizes
 the marshal to do so or upon specific order of the court.
 `(3) Levy on real property is made by entering the property and posting
 the writ and notice of levy in a conspicuous place upon the property.
 `(4) Levy on personal property is made by taking possession of it. Levy
 on personal property not easily taken into possession or which cannot be
 taken into possession without great inconvenience or expense may be made by
 affixing a copy of the writ and notice of levy on it or in a conspicuous
 place in the vicinity of it describing in the notice of levy the property
 by quantity and with sufficient detail to identify the property levied on.
 `(5) The United States marshal shall file a copy of the notice of levy in
 the same manner as provided for judgments in section 3201(a)(1). The United
 States marshal shall serve a copy of the writ and notice of levy on--
 `(A) the debtor against whom the writ is issued; and
 `(B) the person who has possession of the property subject to the writ;
in the same manner that a summons is served in a civil action and make the
return thereof.
 `(e) RETURN OF WRIT; DUTIES OF MARSHAL; FURTHER RETURN- (1) A United
 States marshal executing a writ of attachment shall return the writ with
 the marshal's action endorsed thereon or attached thereto and signed by
 the marshal, to the court from which it was issued, within 5 days after
 the date of the levy.
 `(2) The return shall describe the property attached with sufficient certainty
 to identify it and shall state the location where it was attached, the date
 and time it was attached, and the disposition made of the property. If no
 property was attached, the return shall so state.
 `(3) If the property levied on is claimed, replevied under subsection
 (j)(2), or sold under section 3007 after the return, the United States
 marshal shall immediately make a further return to the clerk of the court
 showing the disposition of the property.
 `(4) If personal property is replevied, the United States marshal shall
 deliver the replevin bond to the clerk of the court to be filed in the action.
 `(f) LEVY OF ATTACHMENT AS LIEN ON PROPERTY; SATISFACTION OF LIEN- (1)
 A levy on property under a writ of attachment under this section creates
 a lien in favor of the United States on the property or, in the case of
 perishable property sold under section 3007, on the proceeds of the sale.
 `(2) Such lien shall be ranked ahead of any other security interests
 perfected after the later of the time of levy and the time a copy of the
 notice of levy is filed under subsection (d)(5).
 `(3) Such lien shall arise from the time of levy and shall continue until
 a judgment in the action is obtained or denied, or the action is otherwise
 dismissed. The death of the debtor whose property is attached does not
 terminate the attachment lien. Upon issuance of a judgment in the action
 and registration under this chapter, the judgment lien so created relates
 back to the time of levy.
 `(g) REDUCTION OR DISSOLUTION OF ATTACHMENT- (1) If an excessive or
 unreasonable attachment is made, the debtor may submit a motion to the court
 for a reduction of the amount of the attachment or its dissolution. Notice
 of such motion shall be served on the United States.
 `(2) The court shall order a part of the property to be released, if after
 a hearing the court finds that the amount of the attachment is excessive
 or unreasonable or if the attachment is for an amount larger than the sum
 of the liquidated or ascertainable amount of the debt and the amount of
 interest and costs likely to be taxed.
 `(3) The court shall dissolve the attachment if the amount of the debt is
 unliquidated and unascertainable by calculation.
 `(4) If any property claimed to be exempt is levied on, the debtor may,
 at any time after such levy, request that the court vacate such levy. If
 it appears to the court that the property so levied upon is exempt, the
 court shall order the levy vacated and the property returned to the debtor.
 `(h) REPLEVIN OF ATTACHED PROPERTY BY DEBTOR; BOND- If attached property is
 not sold before judgment, the debtor may replevy such property or any part
 thereof by giving a bond approved by counsel for the United States or the
 court and payable to the United States in double the reasonable value of the
 property to be replevied or double the value of the claim, whichever is less.
 `(i) PRESERVATION OF PERSONAL PROPERTY UNDER ATTACHMENT- If personal
 property in custody of the United States marshal under a writ of attachment
 is not replevied, claimed, or sold, the court may make such order for its
 preservation or use as appears to be in the interest of the parties.
 `(j) JUDGMENT AND DISPOSITION OF ATTACHED PROPERTY-
 `(1) JUDGMENT FOR THE UNITED STATES- On entry of judgment for the United
 States, the court shall order the proceeds of personal property sold pursuant
 to section 3007 to be applied to the satisfaction of the judgment, and shall
 order the sale of any remaining personal property and any real property
 levied on to the extent necessary to satisfy the judgment.
 `(2) JUDGMENT FOR THE UNITED STATES WHEN PERSONAL PROPERTY REPLEVIED-
 With respect to personal property under attachment that is replevied, the
 judgment which may be entered shall be against the debtor against whom the
 writ of attachment is issued and also against the sureties on the debtor's
 replevin bond for the value of the property.
 `(3) RESTORATION OF PROPERTY AND EXONERATION OF REPLEVIN BOND- If the
 attachment is vacated or if the judgment on the claim for the debt is for
 the person against whom the writ attachment is issued, the court shall order
 the property, or proceeds of perishable property sold under section 3007,
 restored to the debtor and shall exonerate any replevin bond.
`Sec. 3103. Receivership
 `(a) APPOINTMENT OF A RECEIVER- If the requirements of section 3101 are
 satisfied, a court may appoint a receiver for property in which the debtor
 has a substantial nonexempt interest if the United States shows reasonable
 cause to believe that there is a substantial danger that the property will
 be removed from the jurisdiction of the court, lost, concealed, materially
 injured or damaged, or mismanaged.
 `(b) POWERS OF RECEIVER- (1) The appointing court may authorize a receiver--
 `(A) to take possession of real and personal property and sue for, collect,
 and sell obligations upon such conditions and for such purposes as the
 court shall direct; and
 `(B) to administer, collect, improve, lease, repair or sell pursuant to
 section 3007 such real and personal property as the court shall direct.
A receiver appointed to manage residential or commercial property shall have
demonstrable expertise in the management of these types of property.
 `(2) Unless expressly authorized by order of the court, a receiver shall
 have no power to employ attorneys, accountants, appraisers, auctioneers,
 or other professional persons.
 `(c) DURATION OF RECEIVERSHIP- A receivership shall not continue past
 the entry of judgment, or the conclusion of an appeal of such judgment,
 unless the court orders it continued under section 3203(e) or unless the
 court otherwise directs its continuation.
 `(d) ACCOUNTS; REQUIREMENT TO REPORT- A receiver shall keep written accounts
 itemizing receipts and expenditures, describing the property and naming the
 depository of receivership funds. The receiver's accounts shall be open to
 inspection by any person having an apparent interest in the property. The
 receiver shall file reports at regular intervals as directed by the court
 and shall serve the debtor and the United States with a copy thereof.
 `(e) MODIFICATION OF POWERS; REMOVAL- On motion of the receiver or on its own
 initiative, the court which appointed the receiver may remove the receiver
 or modify the receiver's powers at any time.
 `(f) PRIORITY- If more than one court appoints a receiver for particular
 property, the receiver first qualifying under law shall be entitled to take
 possession, control, or custody of the property.
 `(g) COMPENSATION OF RECEIVERS- (1) A receiver is entitled to such
 commissions, not exceeding 5 percent of the sums received and disbursed by
 him, as the court allows unless the court otherwise directs.
 `(2) If, at the termination of a receivership, there are no funds in the
 hands of a receiver, the court may fix the compensation of the receiver in
 accordance with the services rendered and may direct the party who moved
 for the appointment of the receiver to pay such compensation in addition
 to the necessary expenditures incurred by the receiver which remain unpaid.
 `(3) At the termination of a receivership, the receiver shall file a final
 accounting of the receipts and disbursements and apply for compensation
 setting forth the amount sought and the services rendered by the receiver.
`Sec. 3104. Garnishment
 `(a) IN GENERAL- If the requirements of section 3101 are satisfied, a
 court may issue a writ of garnishment against property (excluding earnings)
 in which the debtor has a substantial nonexempt interest and which is in
 the possession, custody, or control of a person other than the debtor in
 order to satisfy a claim for a debt. Co-owned property shall be subject to
 garnishment to the same extent as co-owned property is subject to garnishment
 under the law of the State in which such property is located. A court may
 issue simultaneous separate writs of garnishment to several garnishees. A
 writ of garnishment issued under this subsection shall be continuing and
 shall terminate only as provided in section 3205(c)(10).
 `(b) WRIT- (1) Subsections (b)(2) and (c) of section 3205 shall apply with
 respect to garnishment under this section, except that for purposes of
 this section--
 `(A) earnings of the debtor shall not be subject to garnishment; and
 `(B) a reference in such subsections to a judgment debtor shall be deemed
 to be a reference to a debtor.
 `(2) The United States shall include in its application for a writ of
 garnishment--
 `(A) the amount of the claim asserted by the United States for a debt; and
 `(B) the date the writ is issued.
 `(c) LIMITATION- The value of property garnished shall not exceed the amount
 by which the sum of the amount of the debt claimed by the United States and
 the amount of interest and costs reasonably likely to be assessed against
 the debtor by the court exceeds the aggregate value of the nonexempt interest
 of the debtor in any--
 `(1) property securing the debt; and
 `(2) property attached or in receivership, or income sequestered, under
 this subchapter.
`Sec. 3105. Sequestration
 `(a) PROPERTY SUBJECT TO SEQUESTRATION- (1) Any income from property in which
 the debtor has a substantial nonexempt interest may be sequestered pursuant
 to a writ of sequestration in an action or proceeding against a debtor on
 a claim for a debt and may be held as security to satisfy such judgment,
 and interest and costs, as the United States may recover on such claim.
 `(2) The amount of income sequestered shall not exceed the amount by which
 the sum of the amount of the debt claimed by the United States and the
 amount of interest and costs reasonably likely to be assessed against the
 debtor by the court exceeds the aggregate value of the nonexempt interest
 of the debtor in any--
 `(A) property securing the debt; and
 `(B) property attached, garnished, or in receivership under this subchapter.
 `(b) AVAILABILITY OF SEQUESTRATION- If the requirements of section 3101
 are satisfied, a court shall issue a writ authorizing the United States
 to sequester income from property in which the debtor has a substantial
 nonexempt interest, as security for such judgment (and interest and costs)
 as the United States may recover on a claim for a debt--
 `(1) in an action on a contract, express or implied, against the debtor
 for payment of money, only if the United States shows reasonable cause to
 believe that--
 `(A) the contract is not fully secured by real or personal property; or
 `(B) the value of the original security is substantially diminished, without
 any act of the United States or the person to whom the security was given,
 below the amount of the debt;
 `(2) in an action against the debtor for damages in tort;
 `(3) if the debtor resides outside the jurisdiction of the United States; or
 `(4) in an action to recover a fine, penalty, or tax.
 `(c) ISSUANCE OF WRIT; CONTENTS- (1) Subject to subsections (a) and (b),
 a writ of sequestration shall be issued by the court directing the United
 States marshal of the district where income described in subsection (a)
 is located to sequester the income.
 `(2) Several writs of sequestration may be issued at the same time, or
 in succession, and sent to different judicial districts until sufficient
 income is sequestered.
 `(3) The writ of sequestration shall contain--
 `(A) the date of the issuance of the writ;
 `(B) the identity of the court, the docket number of the action, and the
 identity of the cause of action;
 `(C) the name and last known address of the debtor;
 `(D) the amount to be secured by the sequestration; and
 `(E) a reasonable description of the income to be sequestered.
 `(d) EXECUTION OF WRIT- (1) The United States marshal receiving the writ
 shall proceed without delay to execute the writ.
 `(2) The United States marshal shall file a copy of the notice of
 sequestration in the same manner as provided for judgments in section
 3201(a)(1). The United States marshal shall serve a copy of the writ and
 notice of sequestration on--
 `(A) the debtor against whom the writ is issued; and
 `(B) the person who has possession of the income subject to the writ;
in the same manner that a summons is served in a civil action and make the
return thereof.
 `(e) DEPOSIT OF SEQUESTERED INCOME- A person who has possession of the income
 subject to a writ of sequestration shall deposit such income with the clerk of
 the court, accompanied by a statement in writing stating the person's name,
 the name of the debtor, the amount of such income, the property from which
 such income is produced, and the period during which such income is produced.
 `(f) RETURN OF WRIT; DUTIES OF MARSHAL; FURTHER RETURN- (1) A United States
 marshal executing a writ of sequestration shall return the writ with the
 marshal's action endorsed thereon or attached thereto and signed by the
 marshal, to the court from which it was issued, within 5 days after the
 date of the execution.
 `(2) The return shall describe the income sequestered with sufficient
 certainty to identify it and shall state the location where it was
 sequestered, and the date and time it was sequestered. If no income was
 sequestered, the return shall so state.
 `(3) If sequestered income is claimed after the return, the United States
 marshal shall immediately make a further return to the clerk of the court
 showing the disposition of the income.
 `(g) REDUCTION OR DISSOLUTION OF SEQUESTRATION- (1) If an excessive
 or unreasonable sequestration is made, the debtor may submit a motion
 to the court for a reduction of the amount of the sequestration or its
 dissolution. Notice of such motion shall be served on the United States.
 `(2) The court shall order a part of the income to be released, if after a
 hearing the court finds that the amount of the sequestration is excessive
 or unreasonable or if the sequestration is for an amount larger than the
 sum of the liquidated or ascertainable amount of the debt and the amount
 of interest and costs likely to be taxed.
 `(3) The court shall dissolve the sequestration if the amount of the debt
 is unliquidated and unascertainable by calculation.
 `(h) PRESERVATION OF INCOME UNDER SEQUESTER- If personal property in custody
 of the United States marshal under a writ of sequestration is not claimed,
 the court may make such order for its preservation or use as appears to be
 in the interest of the parties.
 `(i) JUDGMENT AND DISPOSITION OF SEQUESTERED INCOME-
 `(1) JUDGMENT FOR THE UNITED STATES- On entry of judgment for the United
 States, the court shall order the sequestered income to be applied to the
 satisfaction of the judgment.
 `(2) RESTORATION OF INCOME- If the sequestration is vacated or if the
 judgment on the claim for the debt is for the person against whom the writ
 of sequestration is issued, the court shall order the income restored to
 the debtor.
`SUBCHAPTER C--POSTJUDGMENT REMEDIES
`Sec.
`3201. Judgment liens.
`3202. Enforcement of judgments.
`3203. Execution.
`3204. Installment payment order.
`3205. Garnishment.
`3206. Discharge.
`Sec. 3201. Judgment liens
 `(a) CREATION- A judgment in a civil action shall create a lien on all real
 property of a judgment debtor on filing a certified copy of the abstract
 of the judgment in the manner in which a notice of tax lien would be filed
 under paragraphs (1) and (2) of section 6323(f) of the Internal Revenue Code
 of 1986. A lien created under this paragraph is for the amount necessary
 to satisfy the judgment, including costs and interest.
 `(b) PRIORITY OF LIEN- A lien created under subsection (a) shall have
 priority over any other lien or encumbrance which is perfected later in time.
 `(c) DURATION OF LIEN; RENEWAL- (1) Except as provided in paragraph (2),
 a lien created under subsection (a) is effective, unless satisfied, for a
 period of 20 years.
 `(2) Such lien may be renewed for one additional period of 20 years upon
 filing a notice of renewal in the same manner as the judgment is filed and
 shall relate back to the date the judgment is filed if--
 `(A) the notice of renewal is filed before the expiration of the 20-year
 period to prevent the expiration of the lien; and
 `(B) the court approves the renewal of such lien under this paragraph.
 `(d) RELEASE OF JUDGMENT LIEN- A judgment lien shall be released on the
 filing of a satisfaction of judgment or release of lien in the same manner
 as the judgment is filed to obtain the lien.
 `(e) EFFECT OF LIEN ON ELIGIBILITY FOR FEDERAL GRANTS, LOANS OR PROGRAMS-
 A debtor who has a judgment lien against the debtor's property for a debt
 to the United States shall not be eligible to receive any grant or loan
 which is made, insured, guaranteed, or financed directly or indirectly by
 the United States or to receive funds directly from the Federal Government
 in any program, except funds to which the debtor is entitled as beneficiary,
 until the judgment is paid in full or otherwise satisfied. The agency of the
 United States that is responsible for such grants and loans may promulgate
 regulations to allow for waiver of this restriction on eligibility for such
 grants, loans, and funds.
 `(f) SALE OF PROPERTY SUBJECT TO JUDGMENT LIEN- (1) On proper application
 to a court, the court may order the United States to sell, in accordance
 with sections 2001 and 2002, any real property subject to a judgment lien
 in effect under this section.
 `(2) This subsection shall not preclude the United States from using an
 execution sale pursuant to section 3203(g) to sell real property subject
 to a judgment lien.
`Sec. 3202. Enforcement of judgments
 `(a) ENFORCEMENT REMEDIES- A judgment may be enforced by any of the remedies
 set forth in this subchapter. A court may issue other writs pursuant to
 section 1651 of title 28, United States Code, as necessary to support such
 remedies, subject to rule 81(b) of the Federal Rules of Civil Procedure.
 `(b) NOTICE- On the commencement by the United States of an action or
 proceeding under this subchapter to obtain a remedy, the counsel for the
 United States shall prepare, and clerk of the court shall issue, a notice
 in substantially the following form:
` `NOTICE
 ` `You are hereby notified that this [property] is being taken by the United
 States Government, which has a court judgment in [case docket number and
 jurisdiction of court] of $[amount] for [reason of debt].
 ` `In addition, you are hereby notified that there are exemptions under
 the law which may protect some of this property from being taken by the
 United States Government if [name of judgment debtor] can show that the
 exemptions apply. Below is a summary of the major exemptions which apply
 in most situations in the State of [State where property is located]:
 ` `[A statement summarizing in plain and understandable English the election
 available with respect to such State under section 3014 and the types of
 property that may be exempted under each of the alternatives specified in
 paragraphs (1) and (2) of section 3014(a) and a statement that different
 property may be so exempted with respect to the State in which the debtor
 resides.]
 ` `If you are [name of judgment debtor], you have a right to ask the court
 to return your property to you if you think the property the Government is
 taking qualifies under one of the above exemptions [For a default judgment:]
 or if you think you do not owe the money to the United States Government
 that it says you do.
 ` `If you want a hearing, you must notify the court within 20 days after
 you receive this notice. You must make your request in writing, and either
 mail it or deliver it in person to the clerk of the court at [address]. If
 you wish, you may use this notice to request the hearing by checking the
 box below and mailing this notice to the court clerk. You must also send a
 copy of your request to the Government at [address], so the Government will
 know you want a hearing. The hearing will take place within 5 days after the
 clerk receives your request, if you ask for it to take place that quickly,
 or as soon after that as possible.
 ` `At the hearing you may explain to the judge why you believe the property
 the Government has taken is exempt [For a default judgment:] or why you
 think you do not owe the money to the Government. [For a writ of execution:]
 If you do not request a hearing within 20 days of receiving this notice,
 your [property] may be sold at public auction and the payment used toward
 the money you owe the Government.
 ` `If you think you live outside the Federal judicial district in which the
 court is located, you may request, not later than 20 days after your receive
 this notice, that this proceeding to take your property be transferred by
 the court to the Federal judicial district in which you reside. You must
 make your request in writing, and either mail it or deliver it in person
 to the clerk of the court at [address]. You must also send a copy of your
 request to the Government at [address], so the Government will know you
 want the proceeding to be transferred.
 ` `Be sure to keep a copy of this notice for your own records. If you
 have any questions about your rights or about this procedure, you should
 contact a lawyer, an office of public legal assistance, or the clerk of
 the court. The clerk is not permitted to give legal advice, but can refer
 you to other sources of information.'.
 `(c) SERVICE- A copy of the notice and a copy of the application for granting
 a remedy under this subchapter shall be served by counsel for the United
 States on the judgment debtor against whom such remedy is sought and on
 each person whom the United States, after diligent inquiry, has reasonable
 cause to believe has an interest in property to which the remedy is directed.
 `(d) HEARING- By requesting, within 20 days after receiving the notice
 described in section 3202(b), the court to hold a hearing, the judgment debtor
 may move to quash the order granting such remedy. The court that issued such
 order shall hold a hearing on such motion as soon as practicable, or, if so
 requested by the judgment debtor, within 5 days after receiving the request or
 as soon thereafter as possible. The issues at such hearing shall be limited--
 `(1) to the probable validity of any claim of exemption by the judgment
 debtor;
 `(2) to compliance with any statutory requirement for the issuance of the
 postjudgment remedy granted; and
 `(3) if the judgment is by default and only to the extent that the
 Constitution or another law of the United States provides a right to a
 hearing on the issue, to--
 `(A) the probable validity of the claim for the debt which is merged in
 the judgment; and
 `(B) the existence of good cause for setting aside such judgment.
This subparagraph shall not be construed to afford the judgment debtor
the right to more than one such hearing except to the extent that the
Constitution or another law of the United States provides a right to more
than one such hearing.
 `(e) SALE OF PROPERTY- The property of a judgment debtor which is subject
 to sale to satisfy the judgment may be sold by judicial sale, pursuant
 to sections 2001, 2002, and 2004 or by execution sale pursuant to section
 3203(g). If a hearing is requested pursuant to subsection (d), property with
 respect to which the request relates shall not be sold before such hearing.
`Sec. 3203. Execution
 `(a) PROPERTY SUBJECT TO EXECUTION- All property in which the judgment
 debtor has a substantial nonexempt interest shall be subject to levy
 pursuant to a writ of execution. The debtor's earnings shall not be subject
 to execution while in the possession, custody, or control of the debtor's
 employer. Co-owned property shall be subject to execution to the extent
 such property is subject to execution under the law of the State in which
 it is located.
 `(b) CREATION OF EXECUTION LIEN- A lien shall be created in favor of the
 United States on all property levied on under a writ of execution and
 shall date from the time of the levy. Such lien shall have priority over
 all subsequent liens and shall be for the aggregate amount of the judgment,
 costs, and interest. The execution lien on any real property as to which the
 United States has a judgment lien shall relate back to the judgment lien date.
 `(c) Writ of Execution-
 `(1) ISSUANCE- On written application of counsel for the United States, the
 court may issue a writ of execution. Multiple writs may issue simultaneously,
 and successive writs may issue before the return date of a writ previously
 issued.
 `(2) FORM OF WRIT-
 `(A) GENERAL CONTENTS- A writ of execution shall specify the date that the
 judgment is entered, the court in which it is entered, the amount of the
 judgment if for money, the amount of the costs, the amount of interest due,
 the sum due as of the date the writ is issued, the rate of postjudgment
 interest, the name of the judgment debtor, and the judgment debtor's last
 known address.
 `(B) ADDITIONAL CONTENTS- (i) Except as provided in clauses (ii) and (iii),
 the writ shall direct the United States marshal to satisfy the judgment by
 levying on and selling property in which the judgment debtor has a substantial
 nonexempt interest, but not to exceed property reasonably equivalent in
 value to the aggregate amount of the judgment, costs, and interest.
 `(ii) A writ of execution issued on a judgment for the delivery to the
 United States of the possession of personal property, or for the delivery of
 the possession of real property, shall particularly describe the property,
 and shall require the marshal to deliver the possession of the property to
 the United States.
 `(iii) A writ of execution on a judgment for the recovery of personal
 property or its value shall direct the marshal, in case a delivery of the
 specific property cannot be had, to levy and collect such value out of any
 property in which the judgment debtor has a substantial nonexempt interest.
 `(d) LEVY OF EXECUTION-
 `(1) IN GENERAL- Levy on property pursuant to a writ of execution issued
 under this section shall be made in the same manner as levy on property is
 made pursuant to a writ of attachment issued under section 3102(d).
 `(2) DEATH OF JUDGMENT DEBTOR- The death of the judgment debtor after
 a writ of execution is issued stays the execution proceedings, but any
 lien acquired by levy of the writ shall be recognized and enforced by the
 court for the district in which the estate of the deceased is located. The
 execution lien may be enforced--
 `(A) against the executor, administrator, or personal representative of
 the estate of the deceased; or
 `(B) if there be none, against the deceased's property coming to the heirs
 or devisees or at their option against cash in their possession, but only
 to the extent of the value of the property coming to them.
 `(3) RECORDS OF UNITED STATES MARSHAL- (A) A United States marshal receiving
 a writ of execution shall endorse thereon the exact hour and date of receipt.
 `(B) The United States marshal shall make a written record of every levy,
 specify the property on which levy is made, the date on which levy is made,
 and the marshal's costs, expenses, and fees.
 `(C) The United States marshal shall make a written return to the court on
 each writ of execution stating concisely what is done pursuant to the writ
 and shall deliver a copy to counsel for the United States who requests the
 writ. The writ shall be returned not more than--
 `(i) 90 days after the date of issuance if levy is not made; or
 `(ii) 10 days after the date of sale of property on which levy is made.
 `(e) APPOINTMENT OF RECEIVER- Pending the levy of execution, the court may
 appoint a receiver to manage property described in such writ if there is a
 substantial danger that the property will be removed from the jurisdiction
 of the court, lost, materially injured or damaged, or mismanaged.
 `(f) Replevy; Redemption-
 `(1) BEFORE EXECUTION SALE- (A) Before execution sale, the United States
 marshal may return property to the judgment debtor any personal property
 taken in execution, on--
 `(i) satisfaction of the judgment, interest, and costs, and any costs
 incurred in connection with scheduling the sale; or
 `(ii) receipt from the judgment debtor of a bond--
 `(I) payable to the United States, with 2 or more good and sufficient
 sureties to be approved by the marshal, conditioned on the delivery of the
 property to the marshal at the time and place named in the bond to be sold
 under subsection (g); or
 `(II) for the payment to the marshal of a fair value thereof which shall
 be stated in the bond.
 `(B) A judgment debtor who sells or disposes of property replevied under
 subparagraph (A) shall pay the United States marshal the stipulated value
 of such property.
 `(C) If the judgment debtor fails to deliver such property to the United
 States marshal pursuant to the terms of the delivery described in subparagraph
 (A)(ii)(I) and fails to pay the United States marshal the stipulated value of
 such property, the United States marshal shall endorse the bond `forfeited'
 and return it to the court from which the writ of execution issued. If the
 judgment is not fully satisfied, the court shall issue a writ of execution
 against the judgment debtor and the sureties on the bond for the amount due,
 not exceeding the stipulated value of the property, on which execution no
 delivery bond shall be taken, which instruction shall be endorsed on the writ.
 `(2) AFTER EXECUTION SALE- The judgment debtor shall not be entitled to
 redeem the property after the execution sale.
 `(g) EXECUTION SALE-
 `(1) GENERAL PROCEDURES- An execution sale under this section shall be
 conducted in a commercially reasonable manner--
 `(A) SALE OF REAL PROPERTY-
 `(i) IN GENERAL- (I) Except as provided in clause (ii), real property,
 or any interest therein, shall be sold, after the expiration of the 90-day
 period beginning on the date of levy under subsection (d), for cash at public
 auction at the courthouse of the county, parish, or city in which the greater
 part of the property is located or on the premises or some parcel thereof.
 `(II) The court may order the sale of any real property after the expiration
 of the 30-day period beginning on the date of levy under subsection (d)
 if the court determines that such property is likely to perish, waste,
 be destroyed, or otherwise substantially depreciate in value during the
 90-day period beginning on the date of levy.
 `(III) The time and place of sale of real property, or any interest
 therein, under execution shall be advertised by the United States marshal,
 by publication of notice, once a week for at least 3 weeks prior to the
 sale, in at least one newspaper of general circulation in the county or
 parish where the property is located. The first publication shall appear
 not less than 25 days preceding the day of sale. The notice shall contain
 a statement of the authority by which the sale is to be made, the time of
 levy, the time and place of sale, and a brief description of the property
 to be sold, sufficient to identify the property (such as a street address
 for urban property and the survey identification and location for rural
 property), but it shall not be necessary for the notice to contain field
 notes. Such property shall be open for inspection and appraisal, subject
 to the judgment debtor's reasonable objections, for a reasonable period
 before the day of sale.
 `(IV) The United States marshal shall serve written notice of public sale by
 personal delivery, or certified or registered mail, to each person whom the
 marshal has reasonable cause to believe, after a title search is conducted
 by the United States, has an interest in property under execution, including
 lienholders, co-owners, and tenants, at least 25 days before the day of sale,
 to the last known address of each such person.
 `(ii) SALE OF CITY LOTS- If the real property consists of several lots,
 tracts, or parcels in a city or town, each lot, tract, or parcel shall
 be offered for sale separately, unless not susceptible to separate sale
 because of the character of improvements.
 `(iii) SALE OF RURAL PROPERTY- If the real property is not located in a
 city or town, the judgment debtor may--
 `(I) divide the property into lots of not less than 50 acres or in such
 greater or lesser amounts as ordered by the court;
 `(II) furnish a survey of such prepared by a registered surveyor; and
 `(III) designate the order in which those lots shall be sold.
When a sufficient number of lots are sold to satisfy the amount of the
execution and costs of sale, the marshal shall stop the sale.
 `(B) SALE OF PERSONAL PROPERTY- (i) Personal property levied on shall be
 offered for sale on the premises where it is located at the time of levy,
 at the courthouse of the county, parish or city wherein it is located, or
 at another location if ordered by the court. Personal property susceptible
 of being exhibited shall not be sold unless it is present and subject to
 the view of those attending the sale unless--
 `(I) the property consists of shares of stock in corporations;
 `(II) by reason of the nature of the property, it is impractical to exhibit
 it; or
 `(III) the debtor's interest in the property does not include the right to
 the exclusive possession.
 `(ii)(I) Except as provided in subclause (II), personal property, or any
 interest therein, shall be sold after the expiration of the 30-day period
 beginning on the date of levy under subsection (d).
 `(II) The court may order the sale of any personal property before the
 expiration of such 30-day period if the court determines that such property is
 likely to perish, waste, be destroyed, or otherwise substantially depreciate
 in value during such 30-day period.
 `(iii) Notice of the time and place of the sale of personal property shall
 be given by the United States marshal by posting notice thereof for not less
 than 10 days successively immediately before the day of sale at the courthouse
 of any county, parish, or city, and at the place where the sale is to be made.
 `(iv) The United States marshal shall serve written notice of public sale
 by personal delivery, or registered or certified mail at their last known
 addresses, on the judgment debtor and other persons who the marshal has
 reasonable cause to believe, after diligent inquiry, have a substantial
 interest in the property.
 `(2) POSTPONEMENT OF SALE- The United States marshal may postpone an execution
 sale from time to time by continuing the required posting or publication
 of notice until the date to which the sale is postponed, and appending,
 at the foot of each such notice of a current copy of the following:
 `The above sale is postponed until the          day of             , 19  ,
 at      o'clock    .M.,             , United States Marshal for the District
 of             , by                 , Deputy, dated             .'.
 `(3) SALE PROCEDURES-
 `(A) BIDDING REQUIREMENTS- A bidder at an execution sale of property, may
 be required by the United States marshal to make a cash deposit of as much
 as 20 percent of the sale price proposed before the bid is accepted.
 `(B) RESALE OF PROPERTY- If the terms of the sale are not complied with
 by the successful bidder, the United States marshal shall proceed to sell
 the property again on the same day if there is sufficient time. If there
 is insufficient time, the marshal shall schedule and notice a subsequent
 sale of the property as provided in paragraphs (1) and (2).
 (4) RIGHTS AND LIABILITIES OF PURCHASERS-
 `(A) Transfer of title after sale-
 `(i) If property is sold under this subsection and the successful bidder
 complies with the terms of the sale, the United States marshal shall execute
 and deliver all documents necessary to transfer to the successful bidder,
 without warranty, all the rights, titles, interests, and claims of the
 judgment debtor in the property.
 `(ii) If the successful bidder dies before execution and delivery of the
 documents needed to transfer ownership, the United States marshal shall
 execute and deliver them to the successful bidder's estate. Such delivery
 to the estate shall have the same effect as if accomplished during the
 lifetime of the purchaser.
 `(B) PURCHASER CONSIDERED INNOCENT PURCHASER WITHOUT NOTICE- The purchaser of
 property sold under execution shall be deemed to be an innocent purchaser
 without notice if the purchaser would have been considered an innocent
 purchaser without notice had the sale been made voluntarily and in person
 by the judgment debtor.
 `(C) LIABILITY OF SUCCESSFUL BIDDER WHO FAILS TO COMPLY- A successful
 bidder at an execution sale who fails to comply with the terms of the sale
 shall forfeit to the United States the cash deposit or, at the election of
 the United States, shall be liable to the United States, on a subsequent
 sale of the property, for all net losses incurred by the United States as
 a result of such failure.
 `(h) DISPOSITION OF PROCEEDS; FURTHER LEVY-
 `(1) DISTRIBUTION OF SALE PROCEEDS- (A) The United States marshal shall
 first deliver to the judgment debtor such amounts to which the judgment
 debtor is entitled from the sale of partially exempt property.
 `(B) The United States marshal shall next deduct from the proceeds of an
 execution sale of property an amount equal to the reasonable expenses incurred
 in making the levy of execution and in keeping and maintaining the property.
 `(C) Except as provided in subparagraph (D), the United States marshal
 shall deliver the balance of the proceeds to the counsel for the United
 States as soon as practicable.
 `(D) If more proceeds are received from the execution sale than is necessary
 to satisfy the executions held by the United States marshal, the marshal
 shall pay the surplus to the judgment debtor.
 `(2) FURTHER LEVY IF EXECUTION NOT SATISFIED- If the proceeds of the execution
 sale of the property levied on are insufficient to satisfy the execution,
 the United States marshal shall proceed on the same writ of execution to
 levy other property of the judgment debtor.
`Sec. 3204. Installment payment order
 `(a) AUTHORITY TO ISSUE ORDER- Subject to subsection (c), if it is shown
 that the judgment debtor--
 `(1) is receiving or will receive substantial nonexempt disposable earnings
 from self employment that are not subject to garnishment; or
 `(2) is diverting or concealing substantial earnings from any source,
 or property received in lieu of earnings;
then upon motion of the United States and notice to the judgment debtor, the
court may, if appropriate, order that the judgment debtor make specified
installment payments to the United States. Notice of the motion shall
be served on the judgment debtor in the same manner as a summons or by
registered or certified mail, return receipt requested. In fixing the amount
of the payments, the court shall take into consideration after a hearing,
the income, resources, and reasonable requirements of the judgment debtor
and the judgment debtor's dependents, any other payments to be made in
satisfaction of judgments against the judgment debtor, and the amount due
on the judgment in favor of the United States.
 `(b) MODIFICATION OF ORDER- On motion of the United States or the judgment
 debtor, and upon a showing that the judgment debtor's financial circumstances
 have changed or that assets not previously disclosed by the judgment debtor
 have been discovered, the court may modify the amount of payments, alter
 their frequency, or require full payment.
 `(c) LIMITATION- (1) An order may not be issued under subsection (a), and
 if so issued shall have no force or effect, against a judgment debtor with
 respect to whom there is in effect a writ of garnishment of earnings issued
 under this chapter and based on the same debt.
 `(2) An order may not be issued under subsection (a) with respect to any
 earnings of the debtor except nonexempt disposable earnings.
`Sec. 3205. Garnishment
 `(a) IN GENERAL- A court may issue a writ of garnishment against property
 (including nonexempt disposable earnings) in which the debtor has a
 substantial nonexempt interest and which is in the possession, custody, or
 control of a person other than the debtor, in order to satisfy the judgment
 against the debtor. Co-owned property shall be subject to garnishment to the
 same extent as co-owned property is subject to garnishment under the law of
 the State in which such property is located. A court may issue simultaneous
 separate writs of garnishment to several garnishees. A writ of garnishment
 issued under this subsection shall be continuing and shall terminate only
 as provided in subsection (c)(10).
 `(b) WRIT-
 `(1) GENERAL REQUIREMENTS- The United States shall include in its application
 for a writ of garnishment--
 `(A) the judgment debtor's name, social security number (if known), and
 last known address;
 `(B) the nature and amount of the debt owed and the facts that not less than
 30 days has elapsed since demand on the debtor for payment of the debt was
 made and the judgment debtor has not paid the amount due; and
 `(C) that the garnishee is believed to have possession of property
 (including nonexempt disposable earnings) in which the debtor has a
 substantial nonexempt interest.
 `(2) PROPER GARNISHEE FOR PARTICULAR PROPERTY-
 `(A) If the property consists of a right to or share in the stock of an
 association or corporation, or interests or profits therein, for which a
 certificate of stock or other negotiable instrument is not outstanding,
 the corporation, or the president or treasurer of the association shall be
 the garnishee.
 `(B) If the property consists of an interest in a partnership interest,
 any partner other than the debtor shall be the garnishee on behalf of
 the partnership.
 `(C) If the property or a debt is evidenced by a negotiable instrument
 for the payment of money, a negotiable document of title or a certificate
 of stock of an association or corporation, the instrument, document, or
 certificate shall be treated as property capable of delivery and the person
 holding it shall be the garnishee, except that--
 `(i) subject to clause (ii), in the case of a security which is transferable
 in the manner set forth in State law, the entity that carries on its books
 an account in the name of the debtor in which is reflected such security
 shall be the garnishee; and
 `(ii) notwithstanding clause (i), the pledgee shall be the garnishee if
 such security is pledged.
 `(c) PROCEDURES APPLICABLE TO WRIT-
 `(1) COURT DETERMINATION- If the court determines that the requirements
 of this section are satisfied, the court shall issue an appropriate writ
 of garnishment.
 `(2) FORM OF WRIT- The writ shall state--
 `(A) The nature and amount of the debt, and any cost and interest owed with
 respect to the debt.
 `(B) The name and address of the garnishee.
 `(C) The name and address of counsel for the United States.
 `(D) The last known address of the judgment debtor.
 `(E) That the garnishee shall answer the writ within 10 days of service of
 the writ.
 `(F) That the garnishee shall withhold and retain any property in which the
 debtor has a substantial nonexempt interest and for which the garnishee is or
 may become indebted to the judgment debtor pending further order of the court.
 `(3) SERVICE OF WRIT- The United States shall serve the garnishee and the
 judgment debtor with a copy of the writ of garnishment and shall certify
 to the court that this service was made. The writ shall be accompanied by--
 `(A) an instruction explaining the requirement that the garnishee submit
 a written answer to the writ; and
 `(B) instructions to the judgment debtor for objecting to the answer of
 the garnishee and for obtaining a hearing on the objections.
 `(4) ANSWER OF THE GARNISHEE- In its written answer to the writ of
 garnishment, the garnishee shall state under oath--
 `(A) whether the garnishee has custody, control or possession of such
 property;
 `(B) a description of such property and the value of such interest;
 `(C) a description of any previous garnishments to which such property is
 subject and the extent to which any remaining  property is not exempt; and
 `(D) the amount of the debt the garnishee anticipates owing to the judgment
 debtor in the future and whether the period for payment will be weekly or
 another specified period.
The garnishee shall file the original answer with the court issuing the writ
and serve a copy on the debtor and counsel for the United States.
 `(5) OBJECTIONS TO ANSWER- Within 20 days after receipt of the answer, the
 judgment debtor or the United States may file a written objection to the
 answer and request a hearing. The party objecting shall state the grounds
 for the objection and bear the burden of proving such grounds. A copy of
 the objection and request for a hearing shall be served on the garnishee
 and all other parties. The court shall hold a hearing within 10 days after
 the date the request is received by the court, or as soon thereafter as is
 practicable, and give notice of the hearing date to all the parties.
 `(6) GARNISHEE'S FAILURE TO ANSWER OR PAY- If a garnishee fails to answer
 the writ of garnishment or to withhold property in accordance with the writ,
 the United States may petition the court for an order requiring the garnishee
 to appear before the court to answer the writ and to so withhold property
 before the appearance date. If the garnishee fails to appear, or appears and
 fails to show good cause why the garnishee failed to comply with the writ,
 the court shall enter judgment against the garnishee for the value of the
 judgment debtor's nonexempt interest in such property (including nonexempt
 disposable earnings). The court may award a reasonable attorney's fee to
 the United States and against the garnishee if the writ is not answered
 within the time specified therein and a petition requiring the garnishee
 to appear is filed as provided in this section.
 `(7) DISPOSITION ORDER- After the garnishee files an answer and if no
 hearing is requested within the required time period, the court shall
 promptly enter an order directing the garnishee as to the disposition of
 the judgment debtor's nonexempt interest in such property. If a hearing is
 timely requested, the order shall be entered within 5 days after the hearing,
 or as soon thereafter as is practicable.
 `(8) PRIORITIES- Judicial orders and garnishments for the support of a person
 shall have priority over a writ of garnishment issued under this section. As
 to any other writ of garnishment or levy, a garnishment issued under this
 section shall have priority over writs which are issued later in time.
 `(9) ACCOUNTING- (A) While a writ of garnishment is in effect under this
 section, the United States shall give an annual accounting on the garnishment
 to the judgment debtor and the garnishee.
 `(B) Within 10 days after the garnishment terminates, the United States shall
 give a cumulative written accounting to the judgment debtor and garnishee
 of all property it receives under a writ of garnishment.  Within 10 days
 after such accounting is received, the judgment debtor or garnishee may
 file a written objection to the accounting and a request for hearing. The
 party objecting shall state grounds for the objection. The court shall
 hold a hearing on the objection within 10 days after the court receives
 the request for a hearing, or as soon thereafter as is practicable.
 `(10) TERMINATION OF GARNISHMENT- A garnishment under this chapter is
 terminated only by--
 `(A) a court order quashing the writ of garnishment;
 `(B) exhaustion of property in the possesion, custody, or control of
 the garnishee in which the debtor has a substantial nonexempt interest
 (including nonexempt disposable earnings), unless the garnishee reinstates
 or reemploys the judgment debtor within 90 days after the judgment debtor's
 dismissal or resignation; or
 `(C) satisfaction of the debt with respect to which the writ is issued.
`Sec. 3206. Discharge
 `A person who pursuant to an execution or order issued under this chapter
 by a court pays or delivers to the United States, a United States marshal,
 or a receiver, money or other personal property in which a judgment debtor
 has or will have an interest, or so pays a debt such person owes the judgment
 debtor, is discharged from such debt to the judgment debtor to the extent
 of the payment or delivery.
`SUBCHAPTER D--FRAUDULENT TRANSFERS INVOLVING DEBTS
`Sec.
`3301. Definitions.
`3302. Insolvency.
`3303. Value for a transfer or obligation.
`3304. Transfer fraudulent as to a debt to the United States.
`3305. When transfer is made or obligation is incurred.
`3306. Remedies of the United States.
`3307. Defenses, liability and protection of transferee.
`3308. Supplementary provision.
`Sec. 3301. Definitions
 `As used in this subchapter:
 `(1) `Affiliate' means--
 `(A) a person who directly or indirectly owns, controls, or holds with
 power to vote, 20 percent or more of the outstanding voting securities of
 the debtor, other than a person who holds the securities--
 `(i) as a fiduciary or agent without sole discretionary power to vote the
 securities; or
 `(ii) solely to secure a debt, if the person has not exercised the power
 to vote;
 `(B) a corporation 20 percent or more of whose outstanding voting securities
 are directly or indirectly owned, controlled, or held with power to vote,
 by the debtor or a person who directly or indirectly owns, controls, or
 holds with power to vote, 20 percent or more of the outstanding voting
 securities of the debtor, other than the person who holds securities--
 `(i) as a fiduciary or agent without sole power to vote the securities; or
 `(ii) solely to secure a debt, if the person has not in fact exercised the
 power to vote;
 `(C) a person whose business is operated by the debtor under a lease or other
 agreement, or a person substantially all of whose assets are controlled by
 the debtor; or
 `(D) a person who operates the debtor's business under a lease or other
 agreement or controls substantially all of the debtor's assets.
 `(2) `Asset' means property of a debtor, but does not include--
 `(A) property to the extent it is encumbered by a valid lien;
 `(B) property to the extent it is generally exempt under nonbankruptcy law; or
 `(C) an interest in real property held in tenancy by the entirety, or as
 part of a community estate, to extent such interest is not subject to process
 by the United States holding a claim against only one tenant or co-owner.
 `(3) `Claim' means a right to payment, whether or not the right is reduced
 to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured,
 disputed, undisputed, legal, equitable, secured, or unsecured.
 `(4) `Creditor' means a person who has a claim.
 `(5) `Insider' includes--
 `(A) if the debtor is an individual--
 `(i) a relative of the debtor or of a general partner of the debtor;
 `(ii) a partnership in which the debtor is a general partner;
 `(iii) a general partner in a partnership described in clause (ii); or
 `(iv) a corporation of which the debtor is a director, officer, or person
 in control;
 `(B) if the debtor is a corporation--
 `(i) a director of the debtor;
 `(ii) an officer of the debtor;
 `(iii) a person in control of the debtor;
 `(iv) a partnership in which the debtor is a general partner;
 `(v) a general partner in a partnership described in clause (iv); or
 `(vi) a relative of a general partner, director, officer, or person in
 control of the debtor;
 `(C) if the debtor is a partnership--
 `(i) a general partner in the debtor;
 `(ii) a relative of a general partner in, a general partner of, or a person
 in control of the debtor;
 `(iii) another partnership in which the debtor is a general partner;
 `(iv) a general partner in a partnership described in clause (iii); or
 `(v) a person in control of the debtor.
 `(D) an affiliate, or an insider of an affiliate as if the affiliate were
 the debtor; and
 `(E) a managing agent of the debtor.
 `(4) `Lien' means a charge against or an interest in property to secure
 payment of a debt and includes a security interest created by agreement,
 a judicial lien obtained by legal or equitable process or proceedings,
 a common law lien, or a statutory lien.
 `(5) `Relative' means an individual related, by consanguinity or adoption,
 within the third degree as determined by the common law, a spouse, or an
 individual so related to a spouse within the third degree as so determined.
 `(6) `Transfer' means every mode, direct or indirect, absolute or conditional,
 voluntary or involuntary, of disposing of or parting with an asset or an
 interest in an asset, and includes payment of money, release, lease, and
 creation of a lien or other encumbrance.
 `(7) `Valid lien' means a lien that is effective against the holder of a
 judicial lien subsequently obtained in legal or equitable proceeding.
`Sec. 3302. Insolvency
 `(a) IN GENERAL- Except as provided in subsection (c), a debtor is insolvent
 if the sum of the debtor's debts is greater than all of the debtor's assets
 at a fair valuation.
 `(b) PRESUMPTION- A debtor who is generally not paying debts as they become
 due is presumed to be insolvent.
 `(c) CALCULATION- A partnership is insolvent under subsection (a) if the
 sum of the partnership's debts is greater than the aggregate, at a fair
 valuation, of--
 `(1) all of the partnership's assets; and
 `(2) the sum of the excess of the value of each general partner's
 non-partnership assets over the partner's non-partnership debts.
 `(d) ASSETS- For purposes of this section, assets do not include property
 that is transferred, concealed, or removed with intent to hinder, delay,
 or defraud creditors or that has been transferred in a manner making the
 transfer voidable under this subchapter.
 `(e) DEBTS- For purposes of this section, debts do not include an obligation
 to the extent such obligation is secured by a valid lien on property of
 the debtor not included as an asset.
`Sec. 3303. Value for transfer or obligation
 `(a) TRANSACTION- Value is given for a transfer or an obligation if,
 in exchange for the transfer or obligation, property is transferred or
 an antecedent debt is secured or satisfied, but value does not include
 an unperformed promise made otherwise than in the ordinary course of the
 promisor's business to furnish support to the debtor or another person.
 `(b) REASONABLY EQUIVALENT VALUE- For the purposes of sections 3304 and
 3307, a person gives a reasonably equivalent value if the person acquires
 an interest of the debtor in an asset pursuant to a regularly conducted,
 noncollusive foreclosure sale or execution of a power of sale for the
 acquisition or disposition of such interest upon default under a mortgage,
 deed of trust, or security agreement.
 `(c) PRESENT VALUE- A transfer is made for present value if the
 exchange between the debtor and the transferee is intended by them to be
 contemporaneous and is in fact substantially contemporaneous.
`Sec. 3304. Transfer fraudulent as to a debt to the United States
 `(a) DEBT ARISING BEFORE TRANSFER- Except as provided in section 3307,
 a transfer made or obligation incurred by a debtor is fraudulent as to a
 debt to the United States which arises before the transfer is made or the
 obligation is incurred if--
 `(1)(A) the debtor makes the transfer or incurs the obligation without
 receiving a reasonably equivalent value in exchange for the transfer or
 obligation; and
 `(B) the debtor is insolvent at that time or the debtor becomes insolvent
 as a result of the transfer or obligation; or
 `(2)(A) the transfer was made to an insider for an antecedent debt, the
 debtor was insolvent at the time; and
 `(B) the insider had reasonable cause to believe that the debtor was
 insolvent.
 `(b) TRANSFERS WITHOUT REGARD TO DATE OF JUDGMENT- (1) Except as provided
 in section 3307, a transfer made or obligation incurred by a debtor is
 fraudulent as to a debt to the United States, whether such debt arises
 before or after the transfer is made or the obligation is incurred, if the
 debtor makes the transfer or incurs the obligation--
 `(A) with actual intent to hinder, delay, or defraud a creditor; or
 `(B) without receiving a reasonably equivalent value in exchange for the
 transfer or obligation if the debtor--
 `(i) was engaged or was about to engage in a business or a transaction for
 which the remaining assets of the debtor were unreasonably small in relation
 to the business or transaction; or
 `(ii) intended to incur, or believed or reasonably should have believed
 that he would incur, debts beyond his ability to pay as they became due.
 `(2) In determining actual intent under paragraph (1), consideration may
 be given, among other factors, to whether--
 `(A) the transfer or obligation was to an insider;
 `(B) the debtor retained possession or control of the property transferred
 after the transfer;
 `(C) the transfer or obligation was disclosed or concealed;
 `(D) before the transfer was made or obligation was incurred, the debtor
 had been sued or threatened with suit;
 `(E) the transfer was of substantially all the debtor's assets;
 `(F) the debtor absconded;
 `(G) the debtor removed or concealed assets;
 `(H) the value of the consideration received by the debtor was reasonably
 equivalent to the value of the asset transferred or the amount of the
 obligation incurred;
 `(I) the debtor was insolvent or became insolvent shortly after the transfer
 was made or the obligation was incurred;
 `(J) the transfer occurred shortly before or shortly after a substantial
 debt was incurred; and
 `(K) the debtor transferred the essential assets of the business to a lienor
 who transferred the assets to an insider of the debtor.
`Sec. 3305. When transfer is made or obligation is incurred
 `For the purposes of this subchapter:
 `(1) A transfer is made--
 `(A) with respect to an asset that is real property (other than a fixture,
 but including the interest of a seller or purchaser under a contract for the
 sale of the asset), when the transfer is so far perfected that a good-faith
 purchaser of the asset from the debtor against whom applicable law permits
 the transfer to be perfected cannot acquire an interest in the asset that
 is superior to the interest of the transferee; and
 `(B) with respect to an asset that is not real property or that is a fixture,
 when the transfer is so far perfected that a creditor on a simple contract
 cannot acquire, otherwise than under this subchapter, a judicial lien that
 is superior to the interest of the transferee.
 `(2) If applicable law permits the transfer to be perfected as approved in
 paragraph (1) and the transfer is not so perfected before the commencement
 of an action or proceeding for relief under this subchapter, the transfer is
 deemed made immediately before the commencement of the action or proceeding.
 `(3) If applicable law does not permit the transfer to be perfected as
 provided in paragraph (1), the transfer is made when it becomes effective
 between the debtor and the transferee.
 `(4) A transfer is not made until the debtor has acquired rights in the
 asset transferred.
 `(5) An obligation is incurred--
 `(A) if oral, when it becomes effective between the parties; or
 `(B) if evidenced by a writing executed by the obligor, when such writing
 is delivered to or for the benefit of the obligee.
`Sec. 3306. Remedies of the United States
 `(a) IN GENERAL- In an action or proceeding under this subchapter for
 relief against a transfer or obligation, the United States, subject to
 section 3307 and to applicable principles of equity and in accordance with
 the Federal Rules of Civil Procedure, may obtain--
 `(1) avoidance of the transfer or obligation to the extent necessary to
 satisfy the debt to the United States;
 `(2) a remedy under this chapter against the asset transferred or other
 property of the transferee; or
 `(3) any other relief the circumstances may require.
 `(b) LIMITATION- A claim for relief with respect to a fraudulent transfer
 or obligation under this subchapter is extinguished unless action is brought--
 `(1) under section 3304(b)(1)(A) within 6 years after the transfer was made
 or the obligation was incurred or, if later, within 2 years after the transfer
 or obligation was or could reasonably have been discovered by the claimant;
 `(2) under subsection (a)(1) or (b)(1)(B) of section 3304 within 6 years
 after the transfer was made or the obligation was incurred; or
 `(3) under section 3304(a)(2) within 2 years after the transfer was made
 or the obligation was incurred.
`Sec. 3307. Defenses, liability, and protection of transferee
 `(a) GOOD FAITH TRANSFER- A transfer or obligation is not voidable under
 section 3304(b) with respect to a person who took in good faith and for a
 reasonably equivalent value or against any transferee or obligee subsequent
 to such person.
 `(b) LIMITATION- Except as provided in subsection (d), to the extent a
 transfer is voidable in an action or proceeding by the United States under
 section 3306(a)(1), the United States may recover judgment for the value
 of the asset transferred, but not to exceed the judgment on a debt. The
 judgment may be entered against--
 `(1) the first transferee of the asset or the person for whose benefit the
 transfer was made; or
 `(2) any subsequent transferee, other than a good faith transferee who took
 for value or any subsequent transferee of such good-faith transferee.
 `(c) VALUE OF ASSET- For purposes of subsection (b), the value of the asset
 is the value of the asset at the time of the transfer, subject to adjustment
 as the equities may require.
 `(d) RIGHTS OF GOOD FAITH TRANSFEREES AND OBLIGEES- Notwithstanding
 voidability of a transfer or an obligation under this subchapter, a
 good-faith transferee or obligee is entitled, to the extent of the value
 given the debtor for the transfer or obligation, to--
 `(1) a lien on or a right to retain any interest in the asset transferred;
 `(2) enforcement of any obligation incurred; or
 `(3) a reduction in the amount of the liability on the judgment.
 `(e) EXCEPTIONS- A transfer is not voidable under section 3304(a) or section
 3304(b)(2) if the transfer results from--
 `(1) termination of a lease upon default by the debtor when the termination
 is pursuant to the lease and applicable law; or
 `(2) enforcement of a security interest in compliance with article 9 of the
 Uniform Commercial Code or its equivalent in effect in the State where the
 property is located.
 `(f) LIMITATION OF VOIDABILITY- A transfer is not voidable under section
 3304(a)(2)--
 `(1) to the extent the insider gives new value to or for the benefit of
 the debtor after the transfer is made unless the new value is secured by
 a valid lien;
 `(2) if made in the ordinary course of business or financial affairs of
 the debtor and the insider; or
 `(3) if made pursuant to a good-faith effort to rehabilitate the debtor
 and the transfer secured both present value given for that purpose and an
 antecedent debt of the debtor.
`Sec. 3308. Supplementary provision
 `Except as provided in this subchapter, the principles of law and equity,
 including the law merchant and the law relating to principal and agent,
 estoppel, laches, fraud, misrepresentation, duress, coercion, mistake,
 insolvency, or other validating or invalidating cause shall apply to actions
 and proceedings under this subchapter.'.
 Sec. 3302. The table of chapters for part VI of title 28, United States Code,
 is amended by adding at the end the following:
`176. Federal Debt Collection Procedures'.
Subtitle B--Amendments to Other Provisions of Law
 SEC. 3621. Section 523(a)(8) of title 11, United States Code, is amended--
 (1) by striking `for an educational' and all that follows through `unless',
 and inserting the following: `for an educational benefit overpayment or loan
 made, insured or guaranteed by a governmental unit, or made under any program
 funded in whole or in part by a governmental unit or nonprofit institution,
 or for an obligation to repay funds received as an educational benefit,
 scholarship or stipend, unless'; and
 (2) by amending subparagraph (A) to read as follows:
 `(A) such loan, benefit, scholarship, or stipend overpayment first became due
 more than 7 years (exclusive of any applicable suspension of the repayment
 period) before the date of the filing of the petition; or'.
 SEC.  3622. Section 3142(c)(1)(B)(xi) of title 18, United States Code,
 is amended to read as follows:
 `(xi) execute an agreement to forfeit upon failing to appear as required,
 property of a sufficient unencumbered value, including money, as is
 reasonably necessary to assure the appearance of the person as required,
 and shall provide the court with proof of ownership and the value of the
 property along with information regarding existing encumbrances as the
 judicial office may require;'.
 SEC. 3623. Section 3142(c)(1)(B)(xii) of title 18, United States Code,
 is amended to read as follows:
 `(xii) execute a bail bond with solvent sureties; who will execute an
 agreement to forfeit in such amount as is reasonably necessary to assure
 appearance of the person as required and shall provide the court with
 information regarding the value of the assets and liabilities of the surety
 if other than an approved surety and the nature and extent of encumbrances
 against the surety's property; such surety shall have a net worth which
 shall have sufficient unencumbered value to pay the amount of the bail bond;'.
 SEC. 3624. Section 3142(g)(4) of title 18, United States Code, is amended by--
 (1) striking out `(c)(2)(K)' and inserting in lieu thererof `(c)(1)(B)(xi)';
 and
 (2) striking out `(c)(2)(L)' and inserting in lieu thereof `(c)(1)(B)(xii)'.
 SEC. 3625. Section 3552(d) of title 18, United States Code, is amended by
 adding at the end the following: `The court shall provide a copy of the
 presentence report to the attorney for the Government to use in collecting
 an assessment, criminal fine, forfeiture or restitution imposed.'.
 SEC. 3626. (a) Section 550 of title 28, United States Code, is amended--
 (1) in the heading by striking `and messengers' and inserting `, messengers,
 and private process servers'; and
 (2) by striking `and messengers on' and inserting `, messengers, and private
 process servers on'.
 (b) The table of sections of chapter 35 of title 28, United States Code,
 is amended by striking the item relating to section 550 and inserting
 the following:
`550. Clerical assistants, messengers, and private process servers.'.
 SEC. 3627. Section 1962 of title 28, United States Code, is amended by
 inserting after the first sentence the following: `This section does not
 apply to judgments entered in favor of the United States.'.
 SEC. 3628. Section 1963 of title 28, United States Code, is amended by
 inserting after the first sentence the following: `Such a judgment entered
 in favor of the United States may be so registered any time after judgment
 is entered.'.
 SEC. 3629. (a) Chapter 129 of title 28, United States Code, is amended by
 adding at the end thereof the following:
`Sec. 2044. Payment of fine with bond money
 `On motion of the United States attorney, the court shall order any money
 belonging to and deposited by or on behalf of the defendant with the court
 for the purposes of a criminal appearance bail bond (trial or appeal) to
 be held and paid over to the United States attorney to be applied to the
 payment of any assessment, fine, restitution, or penalty imposed upon the
 defendant. The court shall not release any money deposited for bond purposes
 after a plea or a verdict of the defendant's guilt has been entered and before
 sentencing except upon a showing that an assessment, fine, restitution or
 penalty cannot be imposed for the offense the defendant committed or that
 the defendant would suffer an undue hardship. This section shall not apply
 to any third party surety.'.
 (b) The table of sections for chapter 29 of title 28, United States Code,
 is amended by adding at the end thereof the following:
`2044. Payment of fine with bond money.'.
 SEC. 3630. Section 2410(c) of title 28, United States Code, is amended by
 adding at the end the following: `In any case where the United States is
 a bidder at the judicial sale, it may credit the amount determined to be
 due it against the amount it bids at such sales.'.
Subtitle C--Miscellaneous
 SEC. 3631. (a) Except as provided in subsection (b), this Act and the
 amendments made by this Act shall take effect 180 days after the date of
 the enactment of this Act.
 (b)(1) The amendments made by title I of this Act shall apply with respect
 to actions pending on the effective date of this Act in any court on--
 (A) a claim for a debt; or
 (B) a judgment for a debt.
 (2) All notices, writs, orders, and judgments in effect in such actions shall
 continue in effect until superseded or modified in an action under chapter
 176 of title 28 of the United States Code, as added by title I of this Act.
 (3) For purposes of this subsection--
 (A) the term `court' means a Federal, State, or local court, and
 (B) the term `debt' has the meaning given such term in section and 3002(3)
 of such chapter.
TITLE XXXVII--NATIONAL CHILD SEARCH ASSISTANCE ACT OF 1990
SEC. 3701. REPORTING REQUIREMENT.
 (a) IN GENERAL- Each Federal, State, and local law enforcement agency shall
 report each case of a missing child under the age of 18 reported to such
 agency to the National Crime Information Center of the Department of Justice.
 (b) GUIDELINES- The Attorney General may establish guidelines for the
 collection of such reports including procedures for carrying out the purposes
 of this Act.
 (c) ANNUAL SUMMARY- The Attorney General shall publish an annual statistical
 summary of the reports received under this title.
SEC. 3702. STATE REQUIREMENTS.
 Each State reporting under the provisions of this title shall--
 (1) ensure that no law enforcement agency within the State establishes or
 maintains any policy that requires the observance of any waiting period
 before accepting a missing child or unidentified person report;
 (2) provide that each such report and all necessary and available information,
 which, with respect to each missing child report, shall include--
 (A) the name, date of birth, sex, race, height, weight, and eye and hair
 color of the child;
 (B) the date and location of the last known contact with the child; and
 (C) the category under which the child is reported missing;
is entered immediately into the State law enforcement system and the National
Crime Information Center computer networks and made available to the Missing
Children Information Clearinghouse within the State or other agency designated
within the State to receive such reports; and
 (3) provide that after receiving reports as provided in paragraph (2),
 the law enforcement agency that entered the report into the National Crime
 Information Center shall--
 (A) no later than 60 days after the original entry of the record into the
 State law enforcement system and National Crime Information Center computer
 networks, verify and update such record with any additional information,
 including, where available, medical and dental records;
 (B) institute or assist with appropriate search and investigative procedures;
 and
 (C) maintain close liaison with the National Center for Missing and Exploited
 Children for the exchange of information and technical assistance in the
 missing children cases.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.