S.1241 - Biden-Thurmond Violent Crime Control Act of 1991102nd Congress (1991-1992)
|Sponsor:||Sen. Biden, Joseph R., Jr. [D-DE] (Introduced 06/06/1991)|
|Latest Action:||11/21/1991 Senate passed companion measure H.R. 3371 in lieu of this measure by Voice Vote.|
|Major Recorded Votes:||07/11/1991 : Passed Senate|
|Notes:||On 11/21/1991, the Senate incorporated S. 1241 in H.R. 3371 as an amendment and passed H.R. 3371 in lieu of S. 1241.|
This bill has the status Passed Senate
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Summary: S.1241 — 102nd Congress (1991-1992)All Bill Information (Except Text)
Passed Senate amended (07/11/1991)
Biden-Thurmond Violent Crime Control Act of 1991 - Title I: Safer Streets and Neighborhoods - Safer Streets and Neighborhoods Act of 1991 - Amends the Omnibus Crime Control and Safe Streets Act of 1991 (Omnibus Act) to: (1) authorize appropriations ($1,000,000,000 for FY 1992 and such sums as necessary in FY 1993 and 1994) for grants to State and local law enforcement agencies; (2) continue the Federal-State funding formula for such agencies for FY 1992; and (3) permit the use of grants to State and local governments for participation in multi-jurisdictional drug task forces.
Title II: Death Penalty - Federal Death Penalty Act of 1991 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes.
Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, of its intention to seek the death penalty and of the aggravating factors upon which it will rely. Specifies that the factors for which notice is provided shall include factors concerning the effect of the offense on the victim and the victim's family and shall be based on a victim impact statement that identifies the victim and the extent of the injury and loss suffered by the victim and the victim's family, describes the necessary course of treatment, and contains any other information related to the impact of the offense on the victim and the victim's family that the court may require.
Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death.
Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury.
Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt.
Includes as threshold aggravating factors for homicide that the defendant: (1) intentionally killed the victim; (2) intentionally inflicted serious bodily injury which resulted in the death of the victim; (3) intentionally participated in an act, contemplating that the life of a person would be taken, and the victim died as a direct result of the act; (4) attempted to kill the President of the United States; or (5) intentionally engaged in an act constituting reckless disregard for human life, knowing that the act created a grave risk of death to someone other than the participants, and the victim died as a direct result of the act.
Sets forth special aggravating factors with respect to the crimes of treason, espionage, homicide, and attempted murder of the President. Includes among the aggravating factors for homicide and attempted murder of the President the use or possession of a firearm under specified circumstances and a previous conviction of a violent felony involving a firearm.
States that no person who was less than 18 years of age at the time of the offense may be sentenced to death. Prohibits the execution of mentally retarded persons or pregnant women.
Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding that such sentence is justified based on consideration of both the aggravating and mitigating factors.
Requires the court to instruct the jury: (1) not to consider the race, color, national origin, creed, or sex of the defendant or any victim in its consideration of the sentence; and (2) that it is not required to return a death sentence.
Establishes procedures for appeal from a death sentence. Requires the Court of Appeals to review the record, address all substantive and procedural issues raised on appeal, and consider whether such sentence was imposed under the influence of passion, prejudice, or any other arbitrary factor and whether the evidence supports the special finding of the existence of the required aggravating factor. Specifies that whenever such court finds that the sentence was imposed under such influence, the admissible evidence adduced does not support such special finding, or the proceedings involved any other legal error requiring reversal of the sentence that was properly preserved for and raised on appeal, the court shall remand the case for reconsideration or impose a sentence other than death (and, in any other case, remand for reconsideration.) Requires the court to provide a written explanation of its determination.
Prohibits requiring any employee of any State department of corrections, the Federal Bureau of Prisons, or any provider of services under contract to participate in any execution if participation is contrary to his or her moral or religious convictions.
Bars the imposition of a death sentence for a death-eligible offense committed in Indian country unless the Indian tribe having criminal jurisdiction over land and persons subject to such jurisdiction has elected to have this title apply in such cases.
Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death.
Provides for the imposition of the death penalty for specified offenses, including: (1) murders committed by prisoners in Federal correctional institutions; (2) kidnappings which result in the death of any person; (3) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (4) murder for hire; (5) murder in the aid of a racketeering activity; (6) civil rights murders and certain murders involving damage to religious property or obstruction of persons in the free exercise of religious beliefs; (7) genocide; (8) murders involving firearms where the weapon has moved across State or national borders; and (9) drug-related homicides in the District of Columbia.
Title III: Death Penalty for Murder of Law Enforcement Officer Act - Authorizes the death penalty for the murder of: (1) Federal law enforcement officials; and (2) State law enforcement officers working with Federal agents.
Title IV: Death Penalty for Drug Criminals Act - Death Penalty for Drug Kingpins Act of 1991 - Provides for imposition of the death penalty for those: (1) subject to mandatory life imprisonment for committing a Federal drug felony as part of a continuing criminal enterprise; (2) convicted of committing such a felony as part of a continuing criminal enterprise where the defendant is a principal administrator, organizer, or leader of such an enterprise and, in order to obstruct the investigation or prosecution of the enterprise, attempts or conspires to kill any public officer, juror, witness, or family or household member of such a person; and (3) who, intending to cause death or acting with reckless disregard for human life, engage in a Federal drug felony resulting in the death of another person.
Sets forth aggravating factors (such as prior convictions of offenses for which a death sentence or life imprisonment was authorized, prior convictions of two or more violent or drug offenses, prior serious drug felony convictions, certain weapons offenses, the use of minors in trafficking, and lethal adulteration of a controlled substance) in determining whether a sentence of death is justified.
Title V: Prevention and Punishment of Terrorist Acts - Subtitle A: Aviation Terrorism - Amends the Federal criminal code to set forth penalties for performing or attempting an act of violence against a person at an airport serving international civil aviation which causes or is likely to cause serious injury or death, destroying or seriously damaging the facilities of, or a civil aircraft not in service at, such airport, or disrupting the services of such airport, if such an act endangers or is likely to endanger safety.
Amends the Federal Aviation Act to delete a limitation on the applicability of aircraft piracy provisions to situations where the place of takeoff or of actual landing of the aircraft on board which the offense is committed is situated outside the territory of the State of registration of such aircraft.
Makes the willful violation of certain Federal Aviation Administration regulations relating to airport and airline security punishable by a fine, imprisonment for up to one year, or both.
Subtitle B: Maritime Terrorism - Act for the Prevention and Punishment of Violence Against Maritime Navigation and Fixed Platforms - Amends the Federal criminal code to establish penalties for acts of violence against maritime navigation, such as seizing control of a ship by force, threat, or intimidation, performing acts of violence against persons on board a ship that are likely to endanger safe navigation, and destroying or seriously damaging maritime navigational facilities that are likely to endanger safe navigation. Sets forth analogous provisions with respect to maritime fixed platforms.
Declares that all the territorial sea of the United States, as defined by Presidential Proclamation 5928 of December 27, 1988: (1) is part of the United States, subject to its sovereignty; and (2) for purposes of Federal criminal jurisdiction, is within the special maritime and territorial jurisdiction of the United States.
Sets forth additional provisions with respect to U.S. jurisdiction over the territorial sea and over crimes against U.S. nationals on foreign vessels.
Subtitle C: Terrorism Offenses and Sanctions - Establishes criminal penalties for: (1) committing, or attempting to commit, torture outside the United States (with jurisdiction over the prohibited activity if the alleged offender is a U.S. national or is present in the United States, irrespective of the nationality of the victim or the alleged offender); (2) using weapons of mass destruction against a U.S. national outside of the United States, any person within the United States, or any property that is owned, leased, or used by the United States or any U.S. department or agency; and (3) committing certain homicides and attempted homicides involving firearms in Federal facilities. Increases penalties for manslaughter and aggravated assault committed abroad by terrorists against U.S. nationals. Provides for the imposition of the death penalty for terrorist murders.
Subtitle D: Preventing Domestic and International Terrorist Acts - Part I: Attacking the Infrastructure of Terrorist Organizations - Makes it a Federal criminal offense for an individual, within the United States and acting as an agent of a foreign power, to provide material support or resources (including currency, securities, communications equipment, facilities, weapons, personnel, and other physical assets), or to conceal or disguise the nature, location, source, or ownership of such support or resources, knowing that such resources or support are intended to be used to commit a terrorist act.
Provides for the civil and criminal seizure and forfeiture of any real or personal property used or intended for use for, or constituting or derived from the gross profits or other proceeds obtained from, specified violations related to terrorist acts, or to facilitate the concealment or an escape from the commission of such violations.
Part II: Cooperation of Witnesses in Terrorist Investigations - Alien Witness Cooperation Act of 1991 - Authorizes the Attorney General to waive immigration admission and other legal requirements and grant permanent resident status for alien witnesses who cooperate with the Government in Federal or State prosecutions. Bars the granting of such status to an alien who would be excluded because of felony convictions unless the Attorney General determines that the granting of such status to such alien is necessary in the interests of justice and comports with the safety of the community.
Limits the number of aliens and members of their immediate families entering the United States under such authority to 200 persons in any single fiscal year. Makes the decision to grant or deny permanent resident status under this Act at the discretion of the Attorney General and not subject to judicial review.
Subtitle E: Preventing Economic Terrorism - Makes it a Federal criminal offense to counterfeit, or to make, deal, or possess any plate or other item used in the counterfeiting of, U.S. securities abroad.
Establishes an Economic Terrorism Task Force to: (1) assess the threat of terrorist actions directed against the U.S. economy and the adequacy of existing policies and procedures designed to prevent such actions; and (2) recommend administrative and legislative responses to prevent such actions.
Sets forth provisions: (1) regarding the makeup of such Task Force; (2) making provisions of the Federal Advisory Committee Act inapplicable to such Task Force; and (3) establishing reporting requirements. Specifies that if the report of the Task Force is classified, an unclassified version shall be prepared for public distribution.
Subtitle F: Authorizations to Expand Counter-Terrorist Operations by Federal Agencies - Authorizes appropriations for counter-terrorist operations and programs.
Title VI: Drive-By-Shooting Act - Drive-By-Shooting Prevention Act of 1991 - Sets penalties for any individual who, in furtherance or to escape detection of a major drug offense, with intent to intimidate, harass, injure, or maim, fires a weapon into a group of two or more people causing: (1) grave risk to human life (subject to a fine, up to 25 years' imprisonment, or both); and (2) death (including a sentence of death or life imprisonment.)
Title VII: Assault Weapons - Antidrug, Assault Weapons Limitation Act of 1991 - Amends the Federal criminal code to prohibit the transfer, importation, receipt, or possession of any assault weapon, except: (1) by the Federal, State, or local government; and (2) with respect to weapons lawfully possessed before enactment of this Act. Specifies firearms to be included as assault weapons. Authorizes the Secretary of the Treasury to recommend to the Congress the addition or deletion of firearms to be designated as assault weapons.
Increases the length of imprisonment for an individual who uses or carries an assault weapon during and in relation to the commission of a crime of violence or a drug trafficking crime.
Prohibits the sale, shipment, or delivery (or purchase, possession, or acceptance of delivery) of an assault weapon to (or by) any person who does not fill out a specified form. Establishes recordkeeping requirements. Directs the Secretary to prescribe regulations for the request and delivery of such form.
Directs the Attorney General to: (1) investigate and study the effect of this title on violent and drug trafficking crime; and (2) submit to the Senate a report on its findings.
Establishes penalties for knowingly failing to acquire the proper form with respect to the lawful transfer, transport, shipping, receipt, or possession of an assault weapon.
Specifies the effective period of this title.
Title VIII: Police Corps and Law Enforcement Training and Education Act - Police Corps and Law Enforcement Training and Education Act - Establishes within the Department of Justice (DOJ) an Office of the Police Corps and Law Enforcement Education to be headed by a Director.
Requires a State that desires to participate in the Police Corps program or the Law Enforcement Scholarship program to designate a lead agency and submit a State plan containing assurances with respect to: (1) lead agency cooperation with other State and local agencies; (2) the State advertising of the assistance available; (3) State screening and selection of law enforcement personnel for participation in the program; and (4) compliance with other specified requirements.
Subtitle A: Police Corps Program - Authorizes the Director to award scholarships (including direct payments to institutions and reimbursement of educational costs) to participants who agree to work for four years in a State or local police force after completion of a baccalaureate program and police corps training, subject to specified conditions. Specifies that scholarships shall only be used to attend a four-year institution of higher education, except that: (1) scholarships may be used for graduate and professional study; and (2) where a participant has enrolled in the program upon or after transfer to such an institution, the Director may reimburse the participant for the participant's prior educational expenses.
Sets forth provisions with respect to: (1) scholarship assistance for dependent children of law enforcement officers; (2) the selection of participants; (3) minority recruitment (which requires each State to seek and recruit among members of all racial, ethnic, or gender groups); and (4) leaves of absence (including a provision allowing the granting of a leave of absence from study or training for a participant requesting leave for up to 30 months to serve on an official church mission).
Requires the Director to establish up to three training centers to provide basic law enforcement training to State Police Corps program participants. Requires participants to attend two eight-week training sessions at such training centers and to meet certain performance standards in order to remain in the Police Corps program. Requires the Director to pay participants a weekly stipend during training.
Requires a State, in order to participate in the Police Corps program, to submit a plan for implementing such program to the Director for approval. Requires such plan to: (1) include assurances that participants will receive additional State or local training after completing Federal training which shall count toward the four-year service obligation; and (2) provide that program participants shall be assigned to community and preventive patrol in geographic areas with the greatest need for additional law enforcement personnel. Provides for the swearing in of participants as members of the police force to which they are assigned after completing Federal training and meeting the requirements of that police force. Specifies that, if the police force of which the participant is a member lays off the participant so as to preclude the participant from completing four years of service and result in the denial of educational assistance under this subtitle, the Director may permit the participant to complete the service obligation in an equivalent alternative law enforcement service without requiring the participant to repay the scholarship or interest.
Subtitle B: Law Enforcement Scholarship Program - Law Enforcement Scholarships and Recruitment Act. Directs each State to pay from funds under this Act the Federal share (not more than 60 percent) of the cost of awarding scholarships to in-service law enforcement personnel for further education providing full-time employment in the summer or part-time employment for up to one year. Specifies that such employment shall: (1) be provided by State and local law enforcement agencies for students who are juniors or seniors in high school or are enrolled in an accredited institution of higher education and who demonstrate an interest in undertaking a career in law enforcement; (2) not be in a law enforcement position; and (3) consist of performing meaningful tasks that inform such students of the nature of the tasks performed by law enforcement agencies.
Sets forth requirements with respect to: (1) the designation of a lead agency; (2) administrative expenses; and (3) ineligibility for student employment (by an individual who has been employed as a law enforcement officer).
Sets forth State and local application requirements. Grants priority in awarding scholarships to members of underrepresented groups, to those pursuing an undergraduate degree, and to those not receiving financial assistance under the Higher Education Act of 1965.
Requires each individual awarded a scholarship to work in a law enforcement position in the State which made the award for a period of one month for each credit hour for which funds are received under such scholarship (with a six-month minimum and two-year maximum).
Authorizes appropriations. Specifies that 75 percent of funds appropriated under this subtitle shall be available to provide scholarships and 25 percent to provide employment.
Subtitle C: Reports - Sets forth provisions requiring: (1) annual reports by the Director to the Attorney General, the President, and specified Members of Congress; and (2) a special report by the Attorney General to the Congress on a plan to expand scholarship assistance to eligible Federal law enforcement officers.
Title IX: Police Officers' Bill of Rights Act of 1991 - Police Officers' Bill of Rights Act of 1991 - Amends the Omnibus Act to set forth minimum standards that shall apply when an officer is under investigation or is subjected to questioning under circumstances that could lead to disciplinary action, including that: (1) questioning be conducted at a reasonable hour, and take place at the offices of those conducting the investigation, with exceptions; (2) the officer under investigation be informed in writing of the nature of the investigation prior to questioning; (3) any questioning be for a reasonable period of time, allowing for reasonable periods for rest and personal necessities; (4) such questioning be recorded in full in writing or by electronic device, and a copy of the transcript made available to the officer under investigation; and (5) the officer be entitled to the presence of counsel or other individual at the questioning.
Requires the law enforcement agency to notify the officer that such officer is entitled to a hearing by a hearing officer or board, with exceptions for summary punishment or emergency suspension for misconduct. Specifies that an emergency suspension shall not affect the officer's health benefits.
Sets forth provisions: (1) with respect to the composition of a disciplinary hearing board and procedures for a disciplinary hearing; and (2) limiting the penalty to that which was recommended by the trial board.
Provides for notice of disciplinary action. Bars any penalty or threat of penalty against the officer for the exercise of rights under this Act.
Prohibits: (1) a law enforcement agency from inserting any adverse material into the file of an officer unless such officer has had an opportunity to review and comment in writing on the adverse material; (2) requiring or requesting an officer to disclose personal property, income, assets, sources of income, debts, or expenditures (including those of any household member) unless the information is necessary in investigating a violation of law, rules, or regulation with respect to the performance of official duties, or where such disclosure is required by Federal, State, or local law; and (3) a State from having more than two legislative sessions to enact a Law Enforcement Officers' Bill of Rights that provides rights substantially similar to those afforded under this Act.
Authorizes a cause of action in State court by the officer for recovery of damages and full reinstatement against a law enforcement agency that materially violates rights afforded under this Act, subject to specified limitations. Specifies that the sovereign immunity of a State shall not apply in the case of such a violation.
Specifies that this Act does not preempt State law or collective bargaining agreements or discussions that provide rights for officers that are substantially similar to those afforded by this Act.
Title X: Federal Law Enforcement Agencies - Federal Law Enforcement Act of 1991 - Authorizes appropriations for the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the Immigration and Naturalization Service (INS), U.S. attorneys, U.S. marshals, the Bureau of Alcohol, Tobacco, and Firearms, U.S. courts, and defender services.
Authorizes appropriations for the construction of a U.S. Attorneys Office in Philadelphia, Pennsylvania.
Amends the Federal judicial code to authorize court for the Eastern District of Pennsylvania to be held in Lancaster, Pennsylvania.
Title XI: Habeas Corpus Reform - Subtitle A: General Habeas Corpus Reform - Habeas Corpus Reform Act of 1991 - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners.
Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals.
Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies.
Prohibits the granting of a petition for habeas corpus with respect to any claim which has been fully and fairly adjudicated in State proceedings.
Sets forth provisions with respect to the appointment of counsel.
Subtitle B: Death Penalty Litigation Procedures - Death Penalty Litigation Procedures Act of 1991 - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by prisoners in State custody who are subject to a capital sentence. Makes the applicability of such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State post-conviction proceedings brought by indigent prisoners whose capital convictions and sentences have been upheld on direct appeal to the court of last resort in the State or have otherwise become final for State law purposes. States that the rule of court on statutes establishing such mechanism must provide standards of competency for the appointment of such counsel.
Directs that any such mechanism must offer counsel to all State prisoners under capital sentence and must provide for the entry of an order by a court of record: (1) appointing counsel to represent the prisoner upon a specified finding; (2) finding that the prisoner has rejected the offer of counsel and made the decision with an understanding of its legal consequences; or (3) denying the appointment of counsel upon a finding that the prisoner is not indigent.
Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this Act. Details conditions which will cause such stay to expire. Prohibits a Federal court, if one of such conditions has occurred, from entering a stay of execution or granting relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented in the State or Federal courts; (2) the failure to raise the claim was the result of State action in violation of the Constitution or laws of the United States, was the result of a recognition by the Supreme Court of a new Federal right that is retroactively applicable, or is due to the fact that the claim is based on facts that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review; and (3) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt on the offense for which the death penalty was imposed.
Imposes time limits on filing for habeas corpus relief. Requires such time limits to be tolled under specified conditions.
Requires the district court, upon the development of a complete evidentiary record, to rule on the merits of the claims properly before it.
Makes the requirement for a certificate of probable cause inapplicable, with exceptions, where: (1) a second or successive petition is filed; and (2) certain requirements under a unitary review procedure (i.e., a State procedure that authorizes a person under sentence of death to raise, in the course of direct review of judgment, such claims as could be raised on collateral attack) are met.
Sets forth time limits for determining petitions. Specifies that the adjudication of petitions or motions involving habeas corpus in capital cases shall be granted priority by the district court and court of appeals over all noncapital matters. Directs the Administrative Office of U.S. Courts to report annually to the Congress on court compliance with the time limits established under this subtitle.
Title XII: Punishment of Gun Criminals - Gun Criminals Punishment Act of 1991 - Subtitle A: Increased Penalties for Gun Offenses - Requires that any individual who, during and in relation to any crime of violence or drug trafficking crime, discharges a firearm that kills another person: (1) if the killing is a first degree murder, be sentenced to death, life imprisonment, or any term of years, fined, or both; and (2) if the killing is other than a first degree murder, be fined, imprisoned for life or any term of years, or both. Increases penalties to be imposed in addition to penalties provided for a crime of violence or drug trafficking crime for discharging, using, carrying, or otherwise possessing a firearm during and in relation to such crime to five to ten years for a firearm, ten to 15 years for an assault weapon, short-barreled rifle, or short-barreled shotgun, and 30 years for a machine gun, destructive device, or firearm equipped with a silencer or muffler. Requires an individual to be sentenced to life imprisonment for a second conviction of such an offense if the firearm is an assault weapon. Directs the U.S. Sentencing Commission to promulgate, or amend existing, guidelines to provide for a sentencing enhancement in accord with such provisions.
Establishes the following penalties, in addition to the punishment provided for the underlying crime, for engaging in specified activities during and in relation to a crime of violence or drug trafficking crime (including such a crime which provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the perpetrator may be prosecuted in a State court. Provides that whoever: (1) possesses a firearm shall be sentenced to imprisonment for ten years without release; (2) discharges a firearm with intent to injure another person shall be sentenced to imprisonment for 20 years without release; or (3) possesses a firearm that is a machine gun or destructive device or is equipped with a firearm silencer or muffler shall be sentence to imprisonment for 30 years without release. Sets penalties for second, third, and subsequent convictions. Prohibits the release of any person convicted for any reason during a term of imprisonment imposed under this Act.
Specifies that, except in the case of a person who engaged or participated in criminal conduct that gave rise to the use of a firearm, this Act shall not apply to any person who may be found to have committed a criminal act while acting in defense of person or property during the course of the commission of a crime by another person.
Expresses the intent of the Congress that: (1) provisions under this Act be used to supplement but not supplant the efforts of State and local prosecutors in prosecuting crimes of violence and drug trafficking crimes that could be prosecuted under State law; and (2) the Attorney General shall give due deference to the interest of State or local prosecutors in prosecuting violations of State law.
Subtitle B: Firearms and Related Amendments - Establishes penalties for possessing (current law covers only using and carrying) an explosive during the commission of a felony. Provides for 20 years' imprisonment for using, carrying, or possessing an explosive, in the case of a second or subsequent conviction.
Amends the Federal criminal code to prohibit the transfer of firearms to non-residents of the State in which the transferor resides.
Specifies that if a conviction was for a violent felony involving the threatened or actual use of a firearm or explosives, or was for a serious drug offense, such person shall be considered convicted for purposes of this Act irrespective of any pardon, setting aside, expunction, or restoration of civil rights.
Sets forth penalties for smuggling firearms in aid of drug trafficking and for theft of firearms and explosives.
Provides for the mandatory revocation of the supervised release of an individual for possession of a firearm.
Increases penalties for making knowingly false, material statements in connection with the acquisition of a firearm from a licensed dealer.
Amends the Internal Revenue Code of 1986 to: (1) change from six to five years the statute of limitations for certain firearms offenses; and (2) provide for the summary forfeiture of unregistered National Firearms Act weapons, with provision for reimbursement for innocent owners.
Makes it unlawful for felons and others to possess explosives.
Authorizes the summary destruction of explosives subject to forfeiture under specified circumstances. Sets forth requirements for reimbursement of the value of destroyed property.
Makes it unlawful to knowingly possess stolen firearms, ammunition, or explosives.
Adds using a firearm in the commission of counterfeiting or forgery (current law specifies only "whoever, during and in relation to any crime of violence or drug trafficking crime") among offenses which, if the offender uses or carries a firearm, will subject such person to an enhanced sentence.
Provides for a mandatory five year penalty for firearms possession by violent felons and serious drug offenders.
Subjects individuals who conspire to commit a firearms or explosives offense to the same penalties as those prescribed for the underlying offense.
Provides for a fine or up to ten years imprisonment, or both, for stealing a firearm or explosive from specified individuals, such as a licensed importer, manufacturer, or dealer.
Makes it unlawful for any person (current law specifies licensee) to distribute explosive materials to specified classes of individuals.
Defines "burglary" to mean any crime punishable by a term of imprisonment exceeding one year and consisting of entering or remaining surreptitiously within a building that is the property of another with intent to engage in conduct constituting a Federal or State offense.
Prohibits the court from placing on probation or suspending the sentence of any person sentenced pursuant to (currently, convicted of) a provision enhancing penalties for the use of a firearm during and in relation to any crime of violence or drug trafficking crime.
Title XIII: Prison for Violent Drug Offenders - Authorizes appropriations for the construction, and operation for one year, of ten regional prisons. Sets forth provisions with respect to the location and population of such prisons, prisoner eligibility (State and Federal prisoners with release dates of not more than two years from the date of assignment to the prison who have long-term drug abuse problems and serious criminal histories, and who agree to the assignment), State responsibilities, and the powers of the Director of the Bureau of Prisons (e.g., to return any prisoner not complying with program requirements and conditions.) Requires any State seeking to refer a State prisoner to a regional prison to submit to such Director an aftercare plan setting forth the provisions that the State will make for the continued treatment of the prisoner in a therapeutic community following release and providing for vocational job training where appropriate.
Title XIV: Boot Camps - Directs the Attorney General, within one year, to establish within the Bureau of Prisons ten military-style boot camp prisons. Sets forth provisions with respect to prison capacity, proportion of State to Federal prisoners, eligibility requirements, reimbursement of incarceration costs, and post-release supervision and aftercare. Authorizes appropriations.
Requires the Bureau to prepare and submit to the Congress a report assessing the feasibility and cost-effectiveness of using prefabricated modular units at specified types of facilities.
Title XV: Youth Violence Act - Subtitle A: Increasing Penalties for Employing Children to Distribute Drugs Near Schools and Playgrounds - Amends the Controlled Substances Act (CSA) to increase the penalty for employing, using, inducing, or coercing individuals under age 18 to violate provisions of such Act, or to assist in avoiding detection or apprehension for certain offenses under such Act by Federal, State, or local law enforcement officials.
Subtitle B: Antigang Grants - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to authorize the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to States and units of general local government to assist them in planning, coordinating, and evaluating projects to reduce the formation or continuation of juvenile gangs and the use and sale of illegal drugs by juveniles. Specifies the allocation (50-50) of funds available to each State for juvenile drug supply and drug demand reduction programs. Directs the Administrator to give priority to programs aimed at juvenile involvement in organized gang- and drug-related activities. Authorizes the Administrator to make grants if the beneficiaries are juveniles living at or near international border communities. Authorizes appropriations.
Sets forth provisions with respect to application, and review and approval, procedures.
Subtitle C: Juvenile Penalties - Amends the Federal criminal code to: (1) add certain firearms offenses to the offenses over which the United States has juvenile delinquency jurisdiction; and (2) provide for the treatment of violent juveniles who commit firearms offenses as adults under certain circumstances. Specifies factors to be considered in transferring a juvenile to adult status.
Classifies as serious drug offenses for purposes of the Armed Career Criminal Act of 1984 serious drug offenses committed by juveniles.
Title XVI: Rural Crime and Drug Control Act - Subtitle A: Fighting Drug Trafficking in Rural Areas - Amends the Omnibus Act to authorize appropriations, and increase the base allocation, for rural drug enforcement assistance.
Directs the Attorney General to establish a Rural Drug Enforcement Task Force in each of the Federal judicial districts which encompass significant rural lands. Specifies the membership of such task forces. Directs the Attorney General to cross-designate up to 100 Federal officers with jurisdiction to enforce CSA provisions on non-Federal lands to the extent necessary to effect the purposes of this title.
Requires the Director of the Federal Law Enforcement Training Center to develop a specialized course of instruction devoted to training law enforcement officers from rural agencies in the investigation of drug trafficking and related crimes. Authorizes appropriations.
Subtitle B: Increasing Penalties for Certain Drug Trafficking Offenses - Ice Enforcement Act of 1991 - Amends the CSA to increase penalties for specified offense involving crystalline methamphetamine.
Subtitle C: Rural Drug Prevention and Treatment - Amends the Public Health Service Act (PHSA) to require the Director of the Office for Treatment Improvement to establish a program to provide grants to hospitals, community health centers, and other appropriate entities that serve nonmetropolitan areas to assist in developing and implementing projects that provide, or expand the availability of, substance abuse treatment services. Authorizes appropriations.
Requires the alcohol and drug abuse information clearinghouse required to be established under the PHSA to: (1) gather information pertaining to Alcohol, Drug Abuse, and Mental Health Administration and other rural drug abuse treatment and education projects operating throughout the United States; and (2) disseminate information to rural hospitals, community health centers, community mental health centers, treatment facilities, community organizations, and other interested individuals.
Subtitle D: Rural Land Recovery Act - Specifies that each of the Rural Drug Enforcement Task Forces shall include one Director of Rural Land Recovery.
Directs State and Federal prosecutors, when bringing charges against the operators of laboratories, to include, in addition to drug-related charges, counts involving infringements of applicable environmental protection laws, including illegal disposal of hazardous waste and knowing endangerment of the environment. Authorizes such prosecutors and private citizens to bring suit against the operators of such laboratories for environmental and health-related damages caused by the operators in their manufacture of illicit substances.
Subtitle E: Drug Free Truck Stops and Safety Rest Areas - Drug Free Truck Stop Act - Amends the CSA to impose mandatory minimum criminal penalties for the unlawful distribution or possession of controlled substances within 1,000 feet of a truck stop or safety rest area, except for offenses involving five grams or less of marijuana. Prohibits the suspension of a sentence, granting of probation, or eligibility for parole until the minimum required sentence under the Federal criminal code has been served for any person who violates this Act after a prior conviction under this Act.
Requires the U.S. Sentencing Commission to promulgate specified sentencing guidelines for violations of this Act. Bars multiple enhancements.
Title XVII: Drug Emergency Areas Act of 1991 - Drug Emergency Areas Act of 1991 - Amends the National Narcotics Leadership Act of 1988 to replace language with respect to the designation of high intensity drug trafficking areas with provisions authorizing the President to declare a State or part of a State to be a drug emergency area.
Requires requests for such a declaration to be made, in writing, by the Governor or chief executive officer of any affected State or local government and forwarded to the President through the Director of National Drug Control Policy. Allows cities, counties, or States to submit a joint request. Requires requests to be based on a written finding that the emergency is of such severity and magnitude that Federal assistance is necessary to ensure an effective response.
Prohibits the President from limiting declarations made under this Act to highly-populated centers of drug trafficking, drug use, or drug-related violence. Requires the President to consider applications from governments of less populated areas where the magnitude and severity of such activities are beyond the capability of the State or local government to respond.
Requires Governors or chief executive officers, as part of such requests and as a prerequisite to such assistance, to: (1) take appropriate action under State or local law to respond to the crisis and furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the emergency; (2) certify that State and local government obligations and expenditures will comply with all applicable cost-sharing requirements; and (3) submit a detailed plan outlining the State or local government's short- and long-term plans to respond to the emergency.
Requires the Director to review requests submitted and forward the application to the President, along with a recommendation.
Authorizes the President to make grants to State or local governments of up to $50,000,000 for any single emergency. Limits the Federal share to 75 percent of the costs necessary to implement the short- and long-term plan.
Limits the duration of assistance to a drug disaster area to one year, after which the Governors or chief executive officers may apply for an extension of up to 180 days.
Requires any State or local government receiving Federal assistance to balance the allocation of such assistance evenly between drug supply and demand reduction efforts, unless State or local conditions dictate otherwise.
Authorizes the President to: (1) direct any Federal agency to utilize its authorities and resources to support State and local efforts; and (2) provide technical and advisory assistance.
Title XVIII: Drunk Driving Child Protection Act - Drunk Driving Child Protection Act of 1991 - Amends the Assimilative Crimes Statute to require the imposition of a Federal penalty (if not already imposed by a State) of one year imprisonment and a $1,000 fine, or both, in addition to any term of imprisonment under State law for driving under the influence of drugs or alcohol if a minor (other than the offender) was present in the vehicle at the time of the offense.
Amends the common carrier provisions of the Federal criminal code to increase the penalty for operating a common carrier under the influence of drugs or alcohol if a minor (other than the offender) is present in the vehicle by up to one year's imprisonment (or if serious bodily injury of a minor is caused, five years; or if death of a minor is caused, ten years) and an additional $1,000 fine, or both.
Defines "minor" as a person less than 18 years of age.
Expresses the sense of the Congress that, in determining child custody and visitation rights, the courts should take into consideration the history of drunk driving of any person involved in the determination.
Title XIX: Commission on Crime and Violence - Establishes the National Commission on Crime and Violence in America to: (1) develop a comprehensive crime control plan to serve as a blueprint for action in the 1990s; (2) bring attention to successful models and programs; (3) reach beyond the traditional criminal justice community for ideas; (4) recommend improvements in local, State, and Federal coordination; and (5) make a comprehensive study of the economic and social factors leading to or contributing to crime and make specific proposals for legislative and administrative actions to reduce crime and the elements that contribute to it.
Sets forth the composition of the Commission, its responsibilities, administrative provisions, reporting requirements, and termination date.
Title XX: Protection of Crime Victims - Victims' Rights and Restitution Act of 1991 - Amends the Victims of Crime Act of 1984, as amended, to eliminate the cap on the crime victims fund.
Requires (current law authorizes) the court to order restitution payments for specified violations of the Federal criminal code and the Federal Aviation Act of 1958. Authorizes the court, in addition to ordering restitution of the victim of the offense of which a defendant is convicted, to order restitution of persons harmed physically, emotionally, or pecuniarily by defendant's unlawful conduct during which the offense occurred or during the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Sets forth additional provisions with respect to determination of amounts owed to the victim, set-offs, enforcement of restitution orders, and procedures for issuing such orders.
Title XXI: Crack House Eviction Act - Amends the CSA to authorize: (1) the Attorney General to bring a civil action against violators of prohibitions against maintaining places for the manufacture, distribution, or use of controlled substances; and (2) the court to assess a civil penalty of up to $100,000 and grant such other relief, including injunctions and evictions, as appropriate.
Directs the Attorney General to: (1) aggressively pursue the use of criminal penalties, civil injunctions, forfeiture sanctions, and other remedies against drug offenders; and (2) report annually to the Congress on the manner and extent to which such remedies are being used and their effect in curtailing drug trafficking.
Title XXII: National Commission to Support Law Enforcement - National Commission to Support Law Enforcement Act - Establishes the National Commission to Support Law Enforcement to study and recommend changes regarding law enforcement agencies and law enforcement issues on the Federal, State, and local levels.
Repeals provisions of the Crime Control Act of 1990 and the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1991, with respect to the establishment of such a Commission.
Title XXIII: Exclusionary Rule - Amends the Federal criminal code to bar the exclusion of evidence obtained as a result of a search or seizure that was in violation of the Fourth Amendment to the Constitution if the search or seizure was carried out in reasonable reliance on a warrant that was issued by a detached and neutral magistrate and that was ultimately found to be invalid, unless: (1) the judicial officer in issuing the warrant was materially misled by information in an affidavit that the affiant knew was false or would have known was false except for his reckless disregard of the truth; (2) the judicial officer provided approval of the warrant without exercising a neutral and detached review of the application for the warrant; (3) the warrant was based on an affidavit so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable; or (4) the warrant is so facially deficient that the executing officers could not reasonably presume to be valid.
Title XXIV: Federal Prisoner Drug Testing - Federal Prisoner Drug Testing Act of 1991 - Amends the Federal criminal code to require: (1) as a condition of probation or supervised release, that the defendant refrain from any unlawful use of a controlled substance and submit to one drug test within 15 days of release and at least two periodic drug tests thereafter (as determined by the court) for use of a controlled substance; and (2) as a condition of parole, that the defendant pass a drug test prior to release, refrain from any unlawful use of a controlled substance, and submit to at least two periodic drug tests (as determined by the U.S. Parole Commission) for use of a controlled substance.
Requires that: (1) the results of a drug test administered in accordance with this Act be subject to confirmation only if the results are positive, the defendant is subject to possible imprisonment for failure of such test, and either the defendant denies the accuracy of the test or there is some other reason to question the results of the test; (2) a drug test confirmation be a urine drug test confirmed using gas chromatography/mass spectrometry techniques or such test as the Director of the Administrative Office of the U.S. Courts may determine to be of equivalent accuracy; and (3) the court (or, with respect to parole, the Commission) consider the availability of appropriate substance abuse treatment programs when considering any action against a defendant who fails a drug test.
Declares that it is Government policy that the use or distribution of illegal drugs in the nation's Federal prisons shall not be tolerated and that such crimes shall be prosecuted to the fullest extent of the law.
Amends the CSA to provide mandatory penalties for illegal drug use in Federal prisons.
Title XXV: Maximum Penalty Increases for Violent Crimes - Increases the maximum penalty for: (1) assaults against specified classes of individuals; (2) manslaughter; (3) certain civil rights violations (including damage to religious property); (4) interstate and foreign travel or transportation in aid of racketeering enterprises; and (5) conspiracy to commit murder for hire.
Specifies that, in determining the equitable share of proceeds for a State or local law enforcement agency from a drug-related asset seizure under CSA provisions, the Attorney General shall not retain more than ten percent of the total proceeds to cover the costs of administrative expenses.
Increases penalties for trafficking in counterfeit goods and services.
Provides for life imprisonment without release for criminals convicted of a third felony drug offense, crime of violence, or combination thereof.
Increases prison sentences and bars release for individuals who: (1) sell illegal drugs to persons under age 18; and (2) employ persons under age 18 in drug trafficking activities.
Directs the U.S. Sentencing Commission to promulgate guidelines, or amend existing guidelines, to provide that a defendant convicted of violating (or conspiring to violate) provisions with respect to illegally bringing to the United States or harboring aliens be assigned not less than offense 25 under the U.S. Sentencing Guidelines if the offense involved five or more aliens, or involves specified other criminal activity, such as the smuggling of persons under age 18 for purposes of illegal adoption or sexual or commercial exploitation, smuggling of known or suspected terrorists or persons involved in organized crime, or dangerous or inhumane treatment of the persons smuggled. Specifies that: (1) if death or serious bodily harm occurs to persons smuggled, the level shall be increased by three; and (2) if none of the above factors pertain, the base level shall be 13, with exceptions.
Title XXVI: Obstruction of Justice - Increases penalties for obstruction of justice offenses against court officers and jurors and for retaliatory killings of witnesses, victims, and informants.
Title XXVII: Felon Firearm Purchase Prevention - Makes it unlawful, beginning 90 days after the enactment of this title and ending on the date that the Attorney General certifies that the national instant criminal background check system is in compliance with provisions of this Act, for any licensed importer, manufacturer, or dealer to sell, deliver, or transfer a handgun to an unlicensed individual unless: (1) after the most recent proposal of such transfer by the individual, the transferor has received a statement of eligibility from the individual, has notified the chief law enforcement officer for such individual's place of residence about the proposed transfer, and either has received a response indicating that such transfer is not prohibited by law or has not received a response indicating otherwise within seven days; (2) the individual has presented to the transferor a statement from the officer, issued in the past ten days, that the individual requires a handgun because of a threat to him or his family; (3) the individual has presented to the transferor a permit to possess a handgun that has been issued in the past five years by the State in which the transfer is to take place under a State law which requires law enforcement verification of the individual's legal qualification to possess a handgun; (4) State law either requires a waiting period of at least seven days or requires that an authorized government official verifies that the information available to such official does not indicate that possession of a handgun by the purchaser would be unlawful, with exceptions; (5) the Secretary has approved the transfer under provisions of the Internal Revenue Code of 1986, or (6) on application of the transferor, the Attorney General has certified that compliance is impracticable because of the inability of the transferor to communicate with the chief law enforcement officer because of the remote location and absence of telecommunications facilities in the remote location of the licensed premises.
Requires a chief law enforcement officer to whom a transferor has provided notice to make a reasonable effort to ascertain within five business days whether the transferee has a criminal record or whether there is any other legal impediment to the transferee's receiving a handgun, including research in whatever State and local recordkeeping systems are available and in a national system designated by the Attorney General.
Requires the statement of eligibility to include a statement that the individual: (1) is not under indictment for and has not been convicted of a crime punishable by imprisonment for a term exceeding one year; (2) is not a fugitive; (3) is not an unlawful user of, or addicted to, a controlled substance; (4) has not been adjudicated as a mental defective or committed to a mental institution; (5) is not an alien who is illegally in the United States; (6) has not been dishonorably discharged from the armed forces; and States; (6) has not been dishonorably discharged from the armed forces; and (7) is not a person who has renounced U.S. citizenship.
Requires the chief law enforcement officer of the place of residence of a prospective transferee of a handgun, at the request of a person who alleges that such person requires access to a handgun because of a threat to the life of the person or a member of the person's household, to immediately meet with the person and sign a written statement authorizing such access unless the officer has clear and convincing evidence that no threat was made to the life of the person or any member of the person's household.
Requires any transferor who, after a transfer, receives a report from such officer that receipt or possession of the handgun by the individual violates the law, to: (1) furnish information about the transfer and the individual to the chief law enforcement officer of the transferor's place of business and the individual's place of residence; and (2) keep confidential any information received which is not otherwise available to the public, with exceptions.
Requires a transferor to retain a copy of the individual's statement and retain evidence of compliance with the requirement under this Act with respect to the handgun transaction. Requires the chief law enforcement officer to destroy the individual's sworn statement and any record containing information derived from such statement within five days, unless such officer determines that the transaction would violate Federal, State, or local law.
Specifies that: (1) information conveyed to a chief law enforcement officer under this title shall not be conveyed to any person, except a person who has a need to know in order to carry out this title, and shall not be used for any purpose other to carry out this title; and (2) a chief law enforcement officer shall not be liable to any person for action taken by the officer for failure to prevent the sale or transfer of a handgun to a person whose receipt or possession of the handgun is unlawful under this title.
Specifies that, beginning on the date that the Attorney General certifies that the national instant criminal background check system (system) is in compliance with provisions of this Act, a licensed importer, manufacturer, or dealer shall not transfer a firearm from the business inventory of the licensee to an unlicensed individual unless: (1) before the completion of the transfer, the licensee contacts the system; and (2) the system notifies the licensee that it has not located any record that demonstrates that the receipt of a firearm by such other person would violate this title.
Makes such provision inapplicable to a firearm transfer between a licensee and another person if: (1) such other person presents to the licensee a valid permit or license issued by the State or political subdivision thereof in which the transfer is to occur that authorizes such other person to purchase, possess, or a carry a firearm; (2) the Secretary has approved the transfer under provisions of the Internal Revenue Code; or (3) on application of the transferor, the Secretary has certified that compliance is impracticable because of the inability of the transferor to communicate with the system because of the absence of telecommunications facilities in the remote location of the licensed premises.
Sets forth additional provisions with respect to: (1) recordkeeping; and (2) penalties for violations of this title.
Directs the Attorney General to: (1) establish the system; (2) expedite the incorporation of State criminal history records into the Federal criminal records system maintained by the FBI, the development of hardware and software systems to link State criminal history check systems into the system, and the current revitalization initiatives by the FBI for technologically advanced fingerprint and criminal records identification; (3) determine the type of computer hardware and software that will be used to operate the system and the means by which State criminal records systems will communicate with the system, investigate the criminal records system of each State and determine for each State a timetable by which the State should be able to provide criminal records on an on-line capacity basis to the system, and notify each State of such determinations; and (4) require, as a part of the State timetable, that the State achieve within five years at least 80 percent currency of case depositions in computerized criminal history files for all cases in which there has been an entry of activity within the last five years and continue to maintain such a system.
Requires the Attorney General, on or after the date that is 30 months after the enactment of this Act, to certify that: (1) the system has achieved at least 80 percent currency of case dispositions in computerized criminal history files for all cases in which there has been an entry of activity within the last five years on a national average basis; and (2) the States are in compliance with the timetable established pursuant to this title. Sets forth additional provisions with respect to State compliance.
Sets forth provisions with respect to: (1) notification of licensees of the existence and purpose of, and the means to be used to contact, the system; (2) authority to obtain official information; and (3) correction of erroneous system information.
Directs the Attorney General to: (1) develop such computer software, design and obtain such telecommunications and computer hardware, and employ such personnel as are necessary to establish and operate the system; and (2) prescribe regulations to ensure the privacy and security of system information.
Specifies that no department, agency, officer, or employee of the United States may: (1) require that any record or portion thereof maintained by the system be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or political subdivision thereof; or (2) use the system to establish a system for the registration of firearms, firearm owners, or firearm transactions or dispositions, with exceptions.
Amends the Omnibus Act to permit the use of justice system improvement grants to improve State record systems and the sharing of specified records with the system.
Directs the Attorney General, subject to appropriations and with preference to States that have the lowest percent currency of case dispositions in computerized criminal history files, to make a grant to each State to be used: (1) for the creation of a computerized criminal history record system or improvement of an existing system; and (3) upon establishment of the system, to assist the State in the transmittal of criminal records to the system.
Provides for the withholding of State and DOJ funds for failure to meet specified conditions under this title.
Title XXVIII: Bail Posting Reporting - Illegal Drug Profits Act of 1991 - Requires each clerk of a Federal or State criminal court to: (1) report to the Internal Revenue Service the name and taxpayer identification number of any individual charged with a criminal offense who posts cash bail, or on whose behalf cash bail is posted, in an amount exceeding $10,000, and any individual or entity (other than a licensed bail bonding individual or entity) posting such cash bail for or on behalf of such individual; and (2) submit a copy of each such report to the offices of the U.S. Attorney and the local prosecuting attorney.
Title XXIX: Motor Vehicle Theft Prevention - Motor Vehicle Theft Prevention Act - Directs the Attorney General to develop a national voluntary motor vehicle theft prevention program under which: (1) the owner of a motor vehicle may voluntarily sign a consent form with a participating State or locality in which the motor vehicle owner states that the vehicle is normally operated under certain specified conditions and agrees to display program decals or devices on the owner's vehicle and permit law enforcement officials in any State to stop the vehicle and take reasonable steps to determine whether such vehicle is being operated by the owner or with the owner's permission, if the vehicle is being operated under such conditions; (2) participating States and localities authorize law enforcement officials in the State or locality to stop motor vehicles displaying program decals or devices under such conditions and take reasonable steps to determine whether the vehicle is being operated by or with the permission of the owner; and (3) Federal law enforcement officials are authorized to stop such vehicles under such conditions and make such determination.
Requires such program to include a uniform design or designs for decals or other devices to be displayed by motor vehicles participating in the program which shall: (1) be highly visible; and (2) explicitly state that the motor vehicle to which it is affixed may be stopped under the specified conditions without additional grounds for establishing a reasonable suspicion that the vehicle is being operated unlawfully.
Sets forth requirements with respect to the voluntary consent form.
Directs the Attorney General to promulgate rules establishing the conditions under which participating motor vehicles may be authorized to be stopped under this Act, such as the operation of the vehicle during certain hours of the day or under circumstances or by such individuals that would provide a sufficient basis for establishing a reasonable suspicion that the vehicle was not being operated by, or with the consent of, the owner.
Sets forth provisions with respect to the establishment of more than one set of conditions under which participating motor vehicles may be stopped.
Requires the notification of lessees of motor vehicles for hire of participation in the program, as specified. Sets penalties for failure to comply with such notice provisions.
Authorizes a State or locality to participate in the program by filing an agreement to comply with the terms and conditions of the program with the Attorney General. Specifies that, as a condition of participation, a State or locality must agree to take reasonable steps to ensure that law enforcement officials throughout the State or locality are familiar with the program and with the conditions under which motor vehicles may be stopped under the program.
Includes within the scope of a provision setting penalties for the removal or tampering with an identification number for a motor vehicle or motor vehicle part removal or tampering with a decal or device affixed pursuant to this Act, with exceptions.
Sets forth penalties for the unauthorized application of a theft prevention decal or device, or a replica thereof.
Title XXX: Missing Alzheimer's Disease Patients - Directs the Attorney General to award a grant to an eligible organization in paying for the costs of a Missing Alzheimer's Disease Patient Alert Program. Sets forth application and related requirements. Authorizes appropriations.
Title XXXI: Precursor Chemicals - Chemical Control and Environmental Responsibility Act of 1991 - Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Comprehensive Act) to: (1) replace references to "listed precursor chemicals" with "list I chemicals" and "listed essential chemicals" with "list II chemicals"; and (2) revise the definition of "regulated person" to include individuals who act as brokers or traders for international transactions involving a listed chemical, tableting machine, or encapsulating machine.
Redefines "regulated transaction" to: (1) include international transactions which do not involve the importation or exportation of a listed chemical into or out of the United States if a broker or trader located in the United States participates in the transaction; (2) include, in the case of a listed chemical that is contained in a drug that may be marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act, transactions involving ephedrine or any other listed chemical which the Attorney General may designate as not subject to exemption after finding that such action would prevent diversion and the total quantity of such chemical included in the transaction equals or exceeds the threshold established for that chemical by the Attorney General; and (3) exclude any transaction in a chemical mixture (current law) which the Attorney General has designated as exempt based on a finding that the mixture is formulated in such a way that it cannot be easily used in the illicit production of a controlled substance and that the listed chemical or chemicals contained in the mixture cannot be readily recovered.
Requires every person who manufactures or distributes, or who proposes to engage in the manufacture or distribution of, a list I chemical to obtain annually a registration issued by the Attorney General. Authorizes and directs the Attorney General to register an applicant to distribute a list I chemical unless he determines that the issuance of such registration is inconsistent with the public interest, taking into consideration the following factors: (1) maintenance of effective controls against diversion of listed chemicals into other than legitimate channels; (2) compliance with applicable Federal, State, and local law; (3) prior conviction record of the applicant under Federal or State laws relating to controlled substances or chemicals; (4) past experience in the manufacture and distribution of chemicals; and (5) such other factors as may be relevant to and consistent with the public health and safety.
Makes provisions with respect to the denial, revocation, and suspension of registration relating to the manufacture, distribution, or dispensation of controlled substances explicitly applicable to list I chemicals.
Directs the Attorney General to register an applicant to import or export a list I chemical unless he determines that the issuance of such registration is inconsistent with the public interest.
Makes it unlawful for a regulated person to distribute, import, or export a list I chemical without the registration required under the Comprehensive Act. Requires each regulated person who manufactures a listed chemical to report annually to the Attorney General information concerning listed chemicals manufactured by such regulated person.
Makes any person located in the United States who is a broker or trader for an international transaction in a listed chemical which is a regulated transaction solely because of that person's involvement as a broker or trader, with respect to that transaction, subject to all of the notification, reporting, record-keeping, and other requirements placed upon exporters of listed chemicals by the Comprehensive Act.
Authorizes the Attorney General to: (1) require that the 15-day advance notice requirement with respect to the importation and exportation of listed chemicals apply to all exports of specific listed chemicals to specified nations, regardless of the status of certain customers in such country as "regular customers," if he finds that such action is necessary to support effective diversion control programs or is required by treaty or other international agreement to which the United States is a party; and (2) waive the 15-day advance notice requirement for exports of specific listed chemicals to specified countries, and for the importation of specific listed chemicals, if he determines that such advance notice is not required for effective chemical control, subject to specified requirements.
Establishes penalties for: (1) exporting, or serving as a broker or trader for an international transaction involving, a listed chemical, knowing or having reasonable cause to believe that the chemical will be used to manufacture a controlled substance in violation of the laws of the country to which the chemical is exported; and (2) importing or exporting a listed chemical with intent to evade reporting or record-keeping requirements under the Comprehensive Act by falsely representing to the Attorney General that the importation or exportation qualifies for a waiver of the advance notice requirement by misrepresenting either the actual country of final destination of the listed chemical, the actual listed chemical being imported or exported, or both.
Amends list I to add benzaldehyde and nitroethane, and delete D-lysergic acid, N-ethylephedrine, and N-ethylpseudoephedrine.
Eliminates "regular supplier" status and creates "regular importer" status.
Modifies the definition of "controlled premises" to include places where listed chemicals or records relating to the manufacture, distribution, or disposition of listed chemicals are maintained.
Makes it a felony for a person who possesses a listed chemical with intent that it be used in the illegal manufacture of a controlled substance other than as required under the Solid Waste Disposal Act. Specifies that, in addition to a penalty that may be imposed for the illegal manufacture, possession, or distribution of a listed chemical or toxic residue of a clandestine laboratory, a person who violates such prohibition shall be assessed costs of the initial cleanup and disposal of the listed chemical and contaminated property and the cost of restoring property damaged by exposure to such chemical.
Expresses the sense of the Congress that guidelines issued by the U.S. Sentencing Commission should recommend that the term of imprisonment for such a violation be not less than five (or in the case of a willful violation, not less than ten) years. Authorizes: (1) the court to order that all or a portion of the earnings from work performed by a defendant in prison be withheld for payment of such costs; and (2) the Attorney General to direct that assets forfeited in connection with a prosecution under this Act be shared with State agencies that participated in the seizure or cleanup of the contaminated site.
Specifies that a discharge in bankruptcy does not discharge an individual debtor from any debt for costs assessed with respect to the management of listed chemicals under the Comprehensive Act.
Provides for access by the Attorney General to information in the National Practitioner Data Bank.
Title XXXII: Murder of United States Nationals - Murder of United States Nationals Act of 1991 - Amends the Federal criminal code to provide for the prosecution of individuals who murder U.S. nationals abroad. Bars such a prosecution: (1) if prosecution has been previously undertaken by a foreign country for the same act or omission; and (2) unless the Attorney General determines that the act or omission took place in a country in which the person is no longer present and the country lacks the ability to lawfully secure the person's return. Specifies that the Attorney General's determination is not subject to judicial review.
Authorizes the Attorney General, in the course of enforcement of this Act, to request assistance from any Federal, State, local, or foreign agency.
Permits, in the exercise of comity, the surrender of persons who have committed crimes of violence against U.S. nationals in foreign countries without regard to the existence of any extradition treaty with such foreign government if the Attorney General certifies that: (1) evidence has been presented by such foreign government which indicates that had the offenses been committed in the United States they would constitute crimes of violence; and (2) the offenses charged are not of a political nature.
Title XXXIII: Telemarketing and Consumer Fraud and Abuse - Telemarketing and Consumer Fraud and Abuse Prevention Act - Directs the Federal Trade Commission (FTC) to prescribe rules governing telemarketing activities. Requires the FTC to consider the inclusion of provisions in such rules for: (1) refunds for untimely delivery of goods or services; (2) order cancellations; (3) time restrictions in connection with unsolicited sales calls; (4) the prohibition of telemarketing generated by computers on equipment that does not permit the person called to terminate the call; and (5) recordkeeping requirements. Directs the FTC to prescribe rules defining and prohibiting fraudulent telemarketing acts or practices. Specifies that credit card laundering shall be a fraudulent telemarketing act or practice. Declares that rule violators shall be considered to have engaged in an unfair or deceptive trade practice.
Excludes from the definition of "telemarketing" the solicitation of sales through the mailing of a catalog.
Authorizes both citizen suits (amount in controversy must exceed $50,000 in actual damages for each person adversely affected by such telemarketing and suit must be brought within three years after discovery of the violation) and civil actions on behalf of a State for relief against entities engaging in a pattern or practice of telemarketing which violates an FTC regulation. Prescribes the general framework to govern such suits.
Amends the Federal Trade Commission Act to: (1) authorize the court, where the interests of justice require, to summon and serve process upon any party, without regard to whether they reside or transact business in the district in which the suit is brought; (2) specify methods for service of process; (3) include within the definition of "physical evidence" subject to a civil investigative demand (CID) any medical device, food product, drug, nutritional or cosmetic product, or audio or video recording; and (4) revise requirements with respect to the issuance of CIDs when ordering a person to produce physical evidence or documentary material (currently, applies to the latter only) that may be relevant to unfair or deceptive practices.
Amends the Federal Trade Commission Act to prohibit the dissemination of false advertisements concerning services.
Directs the FTC to establish a clearinghouse for inquiries made to Federal agencies concerning telemarketing.
Amends the Right to Financial Privacy Act of 1978 to permit court-ordered disclosure of financial records without notice to the subject of the records if the court finds that dissipation, removal, or destruction of assets subject to seizure for violation of the law is likely.
Authorizes the FTC to bring criminal contempt actions for violations of orders obtained in cases brought under provisions of the FTC Act pertaining to the dissemination of false advertisements in or affecting commerce.
Makes this Act inapplicable to securities or futures transactions by individuals regulated by the Securities and Exchange Commission or the Commodity Futures Trading Commission.
Directs the FTC to conduct a study and report to the Congress on unfair or deceptive acts or practices in the life care home industry and on whether it intends to initiate a trade regulation rulemaking.
Terminates provisions of this Act with respect to telemarketing fraud and abuse rulemakings and enforcement five years after the date of enactment.
Title XXXIV: Sentencing - Amends the Federal criminal code to allow the court, in determining the sentence to be imposed in the case of a violation of probation or supervised release, to consider guidelines or policy statements issued by the U.S. Sentencing Commission.
Authorizes the court to resentence a defendant who violates a condition of probation at any time prior to the expiration or termination of the term of probation.
Directs the court to revoke probation or supervised release and require the defendant to serve a term of imprisonment (with respect to supervised release, up to the maximum authorized) if the defendant is found by the court to be in unlawful possession of a controlled substance in violation of such condition, in unlawful possession of a firearm, or otherwise in violation of a condition of probation or supervised release prohibiting the defendant from possessing a firearm.
Directs the court to revoke a term of supervised release, and require the defendant to serve in prison for all or part of the term of release authorized by statute for the offense that resulted in such term of supervised release without credit for time previously served on post-release supervision, if the court finds by a preponderance of the evidence that the defendant violated a condition of supervised release, subject to specified limitations.
Authorizes the court to include a requirement that the defendant be placed on supervised release after imprisonment when a term of supervised release is revoked and the defendant is required to serve a term of imprisonment less than the maximum authorized. Specifies that the length of such a term of supervised release shall not exceed that authorized by statute for the offense of which the defendant was convicted, minus any term of imprisonment that was imposed upon revocation of supervised release.
Specifies that the power of the court to revoke a term of supervised release for violation of a condition of such release, and to order the defendant to serve a term of imprisonment and, subject to certain limitations, a further term of supervised release, extends beyond the expiration of the term of release for a period reasonably necessary for the adjudication of matters arising before its expiration if, prior to its expiration, a warrant or summons has been issued on the basis of an allegation of such a violation.
Title XXXV: Criminal Exploitation of Minors Control - Criminal Exploitation of Minors Control Act - Amends the Federal criminal code to make it unlawful to induce a minor to commit an offense against the United States, subject to specified limitations. Directs the court to consider as an aggravating circumstance the severity of the offense sought by the adult.
Title XXXVI: Child Abuser Registration - National Child Abuser Registration Act of 1991 - Requires a State which reports the convictions of named individuals to the FBI to include all convictions for child abuse.
Directs the Attorney General to establish guidelines for the reporting of child abuser information.
Grants each State three years within which to implement the provisions of this Act. Provides for a reduction by 25 percent of funds under the Omnibus Act, and the reallocation of such funds to States in compliance, with respect to States not in compliance within such period.
Title XXXVII: Financial Institution Fraud Prosecutions - Financial Institutions Fraud Prosecution Act of 1991 - Amends the Federal Deposit Insurance Act to bar any exceptions from the ten-year ban on participation in specified activities with respect to insured depository institutions for individuals convicted of the following offenses: (1) obstructing examination of a financial institution; and (2) engaging in monetary transactions in property derived from specified unlawful activity.
Amends the Federal Credit Union Act to prohibit, except with the prior consent of the Federal Credit Union Board: (1) any person who has been convicted of a criminal offense involving dishonesty or a breach of trust (as under current law) or who has agreed to enter into a pretrial diversion or similar program in connection with a prosecution for such offense, from participating, directly or indirectly, in the conduct of the affairs of any insured credit union (as under current law), or becoming or continuing as, an institution-affiliated party with respect to any insured credit union; and (2) any insured credit union from permitting any such person from engaging in any such conduct or continuing in any such relationship. Establishes a minimum ten-year ban on such participation for specified offenses, with exceptions.
Amends the Crime Control Act of 1990 to encourage the Attorney General to submit a report to the Congress with respect to the financial institutions fraud task forces established under such Act as they relate to the collapse of private deposit insurance corporations.
Title XXXVIII: Insurance Consumer Protection - Insurance Consumer Protection Act - Amends the Federal criminal code to prohibit, and establish penalties with respect to, specified activities by or affecting persons engaged in the business of insurance, such as: (1) in connection with reports or documents presented to a State insurance regulatory office or agency (agency), willfully overvaluing land, property, or securities for the purpose of influencing the actions of such agency; (2) embezzling of funds by insurance industry officers or employees (officers); (3) making false entries by such officers with intent to defraud such agency; or (4) threatening to impede the proper administration of the law in a proceeding before such agency. Bars participation by persons convicted of such offenses in the business of insurance, and persons engaging in such business from permitting such participation.
Establishes criminal penalties for obstruction of a judicial proceeding by persons engaged in the business of insurance.
Directs the court, in imposing sentence on a person convicted of a violation of this title, to order such person to forfeit property constituting, or derived from, proceeds obtained as the result of such violation.
Title XXXIX: Rural Crime Prevention Strategy - Requires the Director of the National Institute of Justice to conduct a national assessment of the nature and extent of rural crime in the United States, the needs of law enforcement and criminal justice professionals in rural States and communities, and promising strategies to respond effectively to those challenges, including: (1) the problem of clandestine drug laboratories; (2) other environmental crimes, such as the dumping of toxic waste; (3) the cultivation of illegal crops, such as marihuana; (4) the problems of drug and alcohol abuse in rural communities; (5) the problems of family violence and child abuse; (6) the problems of juvenile delinquency and vandalism; (7) the access of law enforcement and criminal justice professionals in rural communities to the services of crime laboratories, the Automated Fingerprint Identification System, and other technological support, and to professional training and development; and (8) the special problems of drug abuse in jurisdictions with populations of 50,000 or less.
Requires the Director to: (1) submit the national assessment to the President and the Congress within 12 months; and (2) disseminate the results through programs of training and technical assistance, as well as through reports, publications, and clearinghouse services.
Authorizes the Director to make grants to local law enforcement agencies for pilot programs and field tests of particularly promising strategies and models, which could then serve as the basis for demonstration and educational programs under the Bureau of Justice Assistance (BJA) discretionary grant program, such as programs to develop and demonstrate new or improved approaches or techniques for rural criminal justice systems. Authorizes appropriations.
Title XL: Violent Felonies Against the Elderly - Amends the Federal criminal code to establish a mandatory sentence for the commission of a felony against an individual age 65 or older. Sets limitations on the discretion of the court with respect to suspending such sentence, authorizing probation or parole, allowing the defendant to serve consecutive sentences, and accepting plea agreements.
Authorizes appeals on the grounds that a sentence is less severe than that required under this Act.
Amends the Federal Rules of Criminal Procedure to: (1) preclude either the defendant or the court from waiving a presentence investigation and report unless there is sufficient information in the record for the court to determine whether a mandatory sentence pursuant to this Act must be imposed; (2) require such report to contain verified information as to whether any victim of the offense had attained age 65 on the date that the offense was committed; and (3) make an exception to the general rule authorizing plea bargain discussions in cases involving the commission of a felony against individuals age 65 and older.
Title XLI: International Parental Child Kidnapping - Amends the Federal criminal code to punish as a Federal criminal offense acts of international parental child kidnapping.
Subjects any individual who, for more than 90 days without consent of the other joint custodial a parent, removes a child from, or conceals or detains a child outside, the territorial jurisdiction of the United States for payment or promise of payment at the instruction of a person who has not been granted custody of the child by a court of law to a fine, up to three years imprisonment, or both.
Sets forth as affirmative defenses that the defendant: (1) acted within the provisions of a valid court order granting the defendant legal custody or visitation rights, and that such order was obtained pursuant to the Uniform Child Custody Jurisdiction Act and was in effect at the time of the offense; (2) was fleeing an incidence or pattern of domestic violence; or (3) had physical custody of the child pursuant to a court order granting legal custody or visitation rights and failed to return the child as a result of circumstances beyond the defendant's control, subject to specified conditions.
Directs the U.S. Sentencing Commission to ensure that sentencing guidelines reflect the appropriateness of imposing a greater sentence than would otherwise be imposed for such offense if specified factors are present, such as where the defendant abused or neglected the kidnapped child or the defendant committed the offense while armed with a deadly weapon.
Specifies that if a child was removed from the territorial jurisdiction of the United States prior to the enactment of this Act, charges under this Act may be approved only in cases involving the concealing or detaining of the child in violation of a court order that existed at the time of the child's removal from the territorial jurisdiction of the United States. Expresses the sense of the Congress that in as much as use of the procedures under the Hague Convention on the Civil Aspects of International Parental Child Abduction has resulted in the return of many children, such procedures (where applicable) should be the option of first choice for a parent who seeks the return of a child who has been removed from the parent.
Authorizes appropriations to conduct national, regional, and State training and education programs on criminal and civil aspects of international and interstate parental child abduction under the State Justice Institute Act of 1984.
Title XLII: United States Marshals Association - United States Marshals Association Establishment Act - Establishes the United States Marshals Association as a charitable, nonprofit corporation to strengthen public knowledge of law enforcement and of the U.S. Marshals Service, to promote the exchange of information among private and public institutions and individuals about, and research of, law enforcement and justice systems issues, and to promote an effective justice system and the general welfare of law enforcement.
Authorizes the Director of the U.S. Marshals Service to provide personnel, facilities, and other administrative services to the Association and to accept voluntary services of the Association.
Specifies that no part of the income or assets of the Association shall inure to any member or officer of the Association or Director of the Board or be distributed to any such person, with exceptions for reasonable compensation or reimbursement for actual necessary expenses. Bars the Association from making loans to any Director or officer or employee of the Association, or from issuing stock or declaring or paying dividends.
Specifies that the Association and any agent of the Association shall be considered an employer for purposes of title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990 if the Association is engaged in an industry affecting commerce and meets the minimum employee requirements set forth in such Acts. Makes it unlawful for the Association, on the basis of race, color, religion, sex, national origin, age, or disability, to: (1) fail or refuse to accept the individual into membership; (2) expel such individual from membership; (3) suspend such individual's membership; or (4) discriminate against such individual with respect to any of the benefits or obligations of membership. Authorizes: (1) a right of action to enforce such prohibition; and (2) the court to grant injunctive or other equitable relief.
Authorizes the Association to acquire the assets of the United States Marshals Association, a nonprofit organization organized under the laws of the State of Virginia before the enactment of this Act.
Title XLIII: Literacy Education for State Prisoners - Authorizes the chief correctional officer of each State correctional system to establish a demonstration or system-wide functional literacy program. Sets forth program and reporting requirements. Directs the Attorney General to make grants to State correctional agencies who elect to establish such programs. Authorizes appropriations.
Directs the Attorney General to make grants to State and local correctional agencies to assist them in establishing and operating programs designed to reduce recidivism through the development and improvement of life skills necessary for reintegration into society. Sets forth application and reporting requirements.
Title XLIV: Drug Supply Reduction - Subtitle A: Interdiction Systems Improvements - Order To Land and To Bring To Act of 1991 - Amends the Federal criminal code to make it unlawful for the pilot, operator, or person in charge (pilot) of any aircraft which has crossed the border of the United States, or any aircraft subject to U.S. jurisdiction operating outside the United States, to refuse to obey the order of an authorized Federal law enforcement officer to land (in enforcing controlled substances or money laundering provisions).
Directs the Administrator of the Federal Aviation Administration and the Commissioner of Customs to prescribe regulations governing the means by which an order to land may be communicated to the pilot by Federal law enforcement officers.
Makes it unlawful for any master, operator, or person in charge (master) of a U.S. vessel or vessel under U.S. jurisdiction to fail to bring to upon being ordered to do so by a Federal law enforcement officer authorized to issue such an order.
Specifies that consent or waiver of objection by a foreign nation to the enforcement of U.S. law by the United States under this Act may be obtained by radio, telephone, or similar oral or electronic means and may be proved by certification of the Secretary of State or the Secretary's designee.
Sets forth penalties for violation of this Act.
Authorizes the seizure and forfeiture of any vessel or aircraft that is used in violation of this Act.
Provides for the immediate revocation of the registration of an aircraft upon the failure of the operator to follow the order of a Federal law enforcement officer to land the aircraft. Directs the Administrator to: (1) notify the owner of the aircraft that such person no longer holds U.S. registration for such aircraft; and (2) establish procedures for the owner of the aircraft to show cause why the registration was not revoked as a matter of law by operation of such provision, or why circumstances existed pursuant to which the Administrator should determine that it would be in the public interest to issue a new certificate of registration to the owner, effective concurrent with the revocation.
Amends the Federal Aviation Act of 1958 to require the Administrator to issue an order revoking the airman certificate of any person the Administrator finds, while acting as the operator of an aircraft, knowingly failed to follow the order of a law enforcement officer to land, with exceptions.
Authorizes the Coast Guard to issue orders and make inquiries, searches, seizures, and arrests with respect to violations of U.S. laws occurring aboard any aircraft subject to U.S. jurisdiction over the high seas and waters over which the U.S. has jurisdiction.
Establishes a civil penalty of up to $25,000 for any master of a vessel or pilot or operator of an aircraft who intentionally fails to comply with an order of a Coast Guard commissioned officer, warrant officer, or petty officer relating to the boarding of a vessel or landing of an aircraft for specified purposes (and up to $5,000 for negligently failing to comply with such order), as well as in rem liability with respect to the vessel or aircraft. Amends the Tariff Act of 1930 to establish analogous civil penalties with respect to intentional and negligent failures to obey an order to land or bring to.
Subtitle B: New Coast Guard Authorities - Coast Guard Assistance Act of 1991 - Authorizes the Coast Guard: (1) to exchange information with international organizations (currently limited to foreign governments); (2) to suggest to the Secretary of State international collaboration and conferences on all matters dealing with maritime law enforcement and maritime environmental protection (currently limited to safety of life and property at sea); and (3) when so requested by the Secretary, to utilize its personnel and facilities to assist any foreign government or international organization to perform any activity for which such personnel and facilities are especially qualified.
Authorizes the President, upon application from foreign governments or international organizations (current law excludes the latter) to utilize officers and enlisted members (under current law, to detail members) of the Coast Guard to assist such governments or organizations in matters concerning which the Coast Guard may be of assistance.
Amends the Mansfield Amendment to permit maritime law enforcement operations in archipelagic waters.
Title XLV: Environmental Compliance - Specifies that a U.S. court, when sentencing an organization for an environmental offense (defined as a criminal violation of specified statutes): (1) that is a felony, shall require that the organization pay for an environmental compliance audit; and (2) that is a misdemeanor, may require that the organization pay for such audit.
Sets forth provisions with respect to: (1) the appointment of an independent expert; (2) the contents of such audit; (3) court-ordered implementation of such audit; and (4) sanctions for, and standing to raise the issue of, failure to implement such audit.
Title XLVI: Miscellaneous Criminal Law Improvements - Miscellaneous Criminal Law Improvements Act of 1991 - Subtitle A: Sentencing and Magistrates Amendments - Amends the Federal criminal code to: (1) provide that, if a defendant is found by the court to be in possession of a controlled substance, thereby violating a condition of probation, the court shall revoke such sentence and resentence the defendant to a sentence that includes a term of imprisonment (currently, to not less than one-third of the original sentence); (2) authorize probation for a petty offense if the defendant has been sentenced to a term of imprisonment at the same time for another such offense; (3) provide for trial by a magistrate in petty offense cases; (4) authorize a magistrate judge who has sentenced a person to a term of supervised release in a misdemeanor case to revoke or modify the term or conditions of such release; and (5) permit supervised release for juvenile offenders, subject to specified conditions.
Subtitle B: White Collar Crime Amendments - Establishes penalties for knowingly receiving the proceeds of: (1) a postal robbery; (2) extortion; and (3) a kidnapping.
Sets forth penalties for obstructing a proceeding made under the civil investigative demand provisions of: (1) the Racketeer Influenced and Corrupt Organizations statute; and (2) a specified Federal law relating to monetary transactions.
Makes violations of provisions with respect to continuing financial crimes enterprises and obstructing examination of a financial institution predicate offenses to the financial institutions reward statute.
Defines "savings and loan association" under bank robbery-related provisions of the Federal criminal code to mean: (1) any Federal or State savings association having accounts insured by the Federal Deposit Insurance Corporation; and (2) any corporation meeting specified requirements under the Federal Deposit Insurance Act, which is operating under U.S. law.
Subtitle C: Miscellaneous Amendments - Authorizes the venue for espionage and related offenses to be in the District of Columbia or in any other district authorized by law.
Directs the court to consider the extent to which a juvenile played a leadership role in an organization, or otherwise influenced others to take part in criminal activities, involving the use and distribution of controlled substances or firearms in determining whether to transfer such juvenile to adult status.
Subtitle D: Technical Amendments - Makes technical corrections to various criminal law provisions.
Repeals obsolete provisions of the Federal criminal code.
Extends specified civil rights protections (with respect to conspiracy against rights and deprivation of rights under color of law) to persons (under current law, inhabitants) of a State, territory, or district.
Subtitle E: Miscellaneous Provisions - Amends the Federal criminal code to provide that, wherever it is an element of an offense that property was stolen or counterfeited and that the defendant knew that the property was of such character, such element may be established by proof that the defendant, after or as a result of an official representation as to the nature of the property, believed the property to be stolen or counterfeited.
Provides for enhanced penalties for drug trafficking in prisons.
Amends the Anti-Smuggling Act of 1935 to provide that prima facie evidence that a vessel, vehicle, or other conveyance is being, has been, or is attempted to be employed in smuggling or to defraud the revenue of the United States shall be the fact that a vessel fails to display lights under specified circumstances and, in the case of a vehicle or other conveyance, the fact that it has a compartment or equipment that is built or fitted for smuggling.
Amends the Tariff Act of 1930 to make the penalty for failure to declare a controlled substance 1,000 percent of the value of the article (as under current law) or $500, whichever is greater.
Amends the Anti-Drug Abuse Act to make amendments with respect to certain Internal Revenue Service undercover operations effective from the date of the enactment of this Act through December 31, 1994.
Amends the CSA to authorize the Attorney General to bring a civil action against any person who violates drug paraphernalia provisions of such Act and to assess a civil penalty of up to $100,000 and grant other appropriate (including injunctive) relief.
Specifies that if a defendant is found by the court to be in possession of a controlled substance, thereby violating such defendant's probation, the court shall resentence such person to a sentence that includes a term of imprisonment (under current law, to not less than one-third of the original sentence).
Amends the Controlled Substances Import and Export Act (CSIEA): (1) and the CSA to make penalties applicable to offenses involving less than 50 kilograms of marihuana applicable with respect to less than 50 kilograms of a mixture or substance containing a detectable amount of marihuana; and (2) to reduce from 100 to 50 the number of marihuana plants needed to qualify for specified penalties.
Adds certain drug offenses as requiring fingerprinting and records for recidivist juveniles under the CSA and CSIEA.
Amends the CSA and CSIEA to require that persons violating specified CSA provisions after two or more prior convictions for a felony drug offense have become final be sentenced to a mandatory term of life imprisonment without release and be fined under such Act.
Increases penalties for a second offense of distributing drugs to a minor.
Title XLVII: Exploitation of Aliens - Exploitation of Aliens Act of 1991 - Establishes civil penalties for: (1) inducing an alien to commit an aggravated felony; and (2) the commission of an aggravated felony by an alien. Directs the court to consider the severity of the offense sought or committed by the offender as a circumstance in aggravation.
Sets forth provisions with respect to enforcement of such provision.
Establishes in the Treasury the Criminal Alien Identification and Removal Fund. Specifies that: (1) 90 percent of the monies in the Fund in a fiscal year may be used by the Attorney General to assist the INS to identify, investigate, detain, and deport aliens who have committed an aggravated felony and to fund specified additional immigration judge positions; and (2) ten percent of such monies may be distributed as grants to the States by the Attorney General to assist the States in implementing or expanding specified immigration-related provisions of the Omnibus Act.
Title XLVIII: Public Corruption - Anti-Corruption Act of 1991 - Amends the Federal criminal code to prescribe criminal penalties to be imposed against anyone who uses any facility of, or affects, interstate or foreign commerce to deprive or defraud the inhabitants of a State or political subdivision of a State of: (1) the honest services of a government official or employee; or (2) a fair and impartially conducted election process through the use of fraudulent ballots or voter registration forms, paying or offering to pay any person for voting, or the filing of fraudulent campaign reports.
Prescribes criminal penalties to be imposed against anyone who deprives or defrauds the inhabitants of the United States of the honest services of a public official.
Prescribes criminal penalties to be imposed upon: (1) any official who uses interstate commerce to deprive or defraud the inhabitants of any State or political subdivision of the right to have government affairs conducted on the basis of complete, true, and accurate information; or (2) any official or person who has been selected to be a public official, in order to carry out or conceal any scheme or artifice to defraud, discriminates, harasses, or takes adverse action against any employee or official of the United States or any State or political subdivision. Authorizes such an adversely affected employee or official to obtain relief through a civil action, provided such person did not participate in the scheme or artifice.
Amends mail fraud provisions to prohibit use of any facility of interstate or foreign commerce in the execution of a scheme or artifice to defraud.
Makes it a class B felony for: (1) a public official to corruptly demand, seek, receive, accept, or agree to receive or accept anything of value in return for being influenced in the performance or nonperformance of an official act, or to commit, aid in committing, collude in, or allow or make opportunity for the commission of any offense against the United States or any State; (2) any person to corruptly give, or promise anything of value with intent to influence any official act; or (3) such an official to commit, collude in, or allow or make opportunity for the commission of such offense or to do or omit any act in violation of such official's lawful duty.
Grants Federal jurisdiction over any such offense which involves, is part of, or is inteded to further or conceal the illegal possession, importation, manufacture, transportation, or distribution of any controlled substance or controlled substance analogue.
Title XLIX: General Provisions - Amends the General Education Provisions Act to provide for the disclosure of records of arrests by campus police and the withholding of Federal funds to States that do not permit such disclosure.
Amends the CSA to: (1) provide penalties for the distribution of controlled substances in public housing authority facilities; (2) expand the definition of "drug paraphernalia" (such as to include scales and balances designed for measuring, and containers intended for storing and concealing, controlled substances and hypodermic syringes and needles); and (3) prohibit the advertisement of Schedule I controlled substances.
Directs the Attorney General and the Secretary of Health and Human Services to report to the Congress on the medical and psychological basis of "battered women's syndrome" and the extent to which evidence of the syndrome has been held to be admissible as evidence of guilt or as a defense in a criminal trial.
Amends the Federal criminal code to impose criminal sanctions for copyright violations involving the reproduction or distribution, during any 180-day period, of specified numbers of copies infringing the copyright in one or more computer program.
Places limitations on the use of Federal funds for administrative costs under specified Acts.
Crimes Against Children Registration Act - Directs the Attorney General to establish a State program and guidelines requiring persons convicted of a criminal offense against a minor to register a current address with a designated State law enforcement agency (LEA) for ten years after release from prison, parole, or being placed on supervised release.
Sets forth requirements for an approved State registration program, including: (1) requirements that a State prison officer inform a released person of the duty to register and provide a designated State LEA with any new address in writing within ten days, obtain a fingerprint card and photograph if not already obtained, require the person to read and sign a form stating that the duty to register has been explained, and forward such information to a designated State LEA (which shall immediately enter the information into the State law enforcement system and National Crime Information Center (NCIC) computer networks and notify the appropriate LEA having jurisdiction where the person expects to live); (2) annual address verification by the designated State LEA; and (3) notification of LEAs having jurisdiction over a released person's new address.
Provides that: (1) a person required to register who violates any requirement of a State program established by this Act shall be subject to criminal penalties in such State (recommends at least six months' imprisonment); and (2) the information provided under this Act is private and may be used for law enforcement purposes, including confidential background checks by child care services providers.
Specifies that the allocation of BJA grant funds under the Omnibus Act received by a State not complying with the provisions of this Act three years after the enactment of this Act shall be reduced by 25 percent. Requires such unallocated funds to be reallocated to the States in compliance with this Act.
Computer Abuse Amendments Act of 1991 - Amends the Computer Fraud and Abuse Act to make it a felony to knowingly transmit an unauthorized program or code that alters the information stored in a computer with the intent to damage the system or information contained within the affected computer or computer system, or to withhold or deny the use of such system or information, if the transmission: (1) occurred without the authorization of the person responsible for the computer system receiving the program; and (2) causes damage exceeding $1,000 in any one-year period or modifies or impairs the medical care of one or more individuals. Makes such offense punishable by a fine and up to five years in prison.
Sets forth parallel provisions with respect to recklessly transmitting a destructive computer program or code. Makes such offense a misdemeanor, punishable by a fine and imprisonment for up to one year.
Creates a civil cause of action for compensatory or injunctive relief for persons suffering damage or loss by virtue of a violation of this Act. Limits damages to economic damages, except for medical records violations. Sets a statute of limitations of two years from the date of the act complained of, or from the date of discovery of the damage.
Requires the Attorney General to report to the Congress annually during the first three years following the date of enactment of this Act concerning prosecutions under this Act.
Repeals provisions which exclude automated typewriters and typesetters, portable hand held calculators, and similar devices from the definition of "computer."
Modifies the prohibition against accessing a Government computer where such conduct affects the use of the Government's operation of such computer to cover only actions that "adversely" affect such use.
Directs the Attorney General to expedite: (1) the incorporation of the remaining State criminal history records into the Federal criminal records system maintained by the FBI; (2) the development of hardware and software systems to link State criminal history check systems into the NCIC; and (3) the current revitalization initiatives by the FBI for technologically advanced fingerprint and criminal records identification.
Amends the Federal criminal code to modify the definition of "serious drug offense" to include an offense under State law which, if it had been prosecuted as a violation of the CSA as that Act provided at the time of the offense, would have been punishable by a maximum term of ten years or more.
Consumer Protection Against Credit Card Fraud Act of 1991 - Amends the Federal criminal code to establish penalties for knowingly and with intent to defraud: (1) effecting transactions with one or more access devices (ADs) issued to another person to receive payment or any other thing of value during any one-year period the aggregate value of which is equal to or greater than $1,000; (2) without the authorization of the user of the AD, soliciting a person for the purpose of offering, or selling information regarding or an application to obtain, an AD; or (3) without the authorization of the credit card system member or its agent, causing or arranging for another person to present to the member or its agent for payment evidence or records of transactions made by an AD.
Establishes penalties or subjects to lawsuits individuals who intentionally disclose the contents of certain wire, oral, or electronic communications knowing that the information was obtained through the interception of such a communication in connection with a criminal investigation and with intent to improperly interfere with a duly authorized criminal investigation. Exempts from the prohibition on the use as evidence of intercepted wire or oral communications the admission into evidence of the contents of such a communication, or evidence derived therefrom, which has been disclosed in violation of such provision.
Establishes penalties for: (1) the theft of major art works from museums; and (2) the exhibition or storage by a museum of any such stolen work.
Expresses the sense of the Senate that the Judicial Conference of the United States should be encouraged to make its recommendations to the Congress for additional judgeships utilizing historical data and a workload estimate model designed to anticipate an increase in criminal filings resulting from increased funding in one or more components of the Federal criminal system, and to take into account the time expended in the appointive and confirmation process.
Authorizes the Attorney General, through the BJA, to make grants to States that have established by State law or by the court of last resort a plan for analyzing the role of race in that State's criminal justice system.
Sets forth provisions with respect to: (1) grant criteria; (2) reporting requirements by the States; and (3) reimbursement of the States for work started prior to the enactment of this Act. Authorizes appropriations.
Amends the Tariff Act of 1930 to provide that, at the end of each fiscal year, of any unobligated amount remaining in the Customs Forfeiture Fund: (1) $15,000,000 shall remain in the Fund; (2) the next $30,000,000 shall be transferred to the Department of Health and Human Services and expended for drug treatment; and (3) any remaining money shall be deposited into the general fund of the Treasury. (Under current law, any unobligated amount in excess of $15,000,000 remaining in the fund shall be deposited into the general fund of the Treasury.)
Amends the Federal judicial code to provide for the reimbursement of attorney's fees for current and former employees of DOJ who were the subject of a criminal or disciplinary investigation related to such employee's discharge of official duties, where the investigation resulted in neither disciplinary action nor criminal indictment against such employee. Authorizes the Attorney General to make an inquiry into the reasonableness of the sum requested, based on specified guidelines.
Amends: (1) the Immigration and Nationality Act to provide for the deportation of aliens convicted of operating a motor vehicle while under the influence of, or impaired by, alcohol or a controlled substance arising in connection with a fatal traffic accident or traffic accident resulting in serious bodily injury to an innocent party; and (2) the Federal criminal code to bar the Bureau of Prisons from considering the social or economic status of a prisoner in designating the place of such prisoner's imprisonment.
Department of Justice Community Substance Abuse Prevention Act of 1991 - Amends the Omnibus Act to require the Attorney General to make grants to eligible community coalitions to implement comprehensive long-term strategies for substance abuse prevention, assess existing programs, identify and solicit funding sources, develop priorities, and coordinate substance abuse services and activities. Requires coalitions to encourage voluntary participation and community involvement and submit annual reports to the Attorney General and the appropriate State agency. Authorizes appropriations.
Authorizes the Attorney General to make grants to States for purposes of: (1) implementing a plan to enhance law enforcement and criminal justice systems in a region of the State that suffers from high rates of violent crime or faces particular violent crime problems that warrant Federal assistance; and (2) developing and implementing multijurisdictional strategies to respond to and prevent violent crime in such a region.
Sets forth provisions with respect to: (1) considerations in awarding grants; (2) the Federal share of such grants; (3) the provision of non-monetary assistance; and (4) the issuance of regulations.
Requires the Comptroller General to conduct an audit of any Federal assistance of an amount greater than $100,000 provided to a State under such provision.
Requires the Director of the BJA to provide grants to the States to support litigation pertaining to Federal habeas corpus petitions in capital cases.
Amends the Federal judicial code to require the Attorney General to: (1) mandate that any State or local law enforcement agency receiving funds from the DOJ Assets Forfeiture Fund conduct an annual audit and report the results of the audit to the Attorney General; and (2) include all such audit reports within the Attorney General's report to the Congress.