H.R.3355 - Violent Crime Control and Law Enforcement Act of 1994103rd Congress (1993-1994)
|Sponsor:||Rep. Brooks, Jack B. [D-TX-9] (Introduced 10/26/1993)|
|Committees:||House - Judiciary|
|Committee Reports:||H.Rept 103-324 Part 1; H.Rept 103-324 Part 1; H.Rept 103-694 Part 1; H.Rept 103-694 Part 1; H.Rept 103-711 Part 1; H.Rept 103-711 Part 1|
|Latest Action:||09/13/1994 Became Public Law No: 103-322. (TXT) (All Actions)|
|Major Recorded Votes:||08/25/1994 : Resolving Differences; 08/21/1994 : Resolving Differences; 11/19/1993 : Passed Senate|
This bill has the status Became Law
Here are the steps for Status of Legislation:
- Passed House
- Passed Senate
- Resolving Differences
- To President
- Became Law
Subject — Policy Area:
- Crime and Law Enforcement
- View subjects
Summary: H.R.3355 — 103rd Congress (1993-1994)All Bill Information (Except Text)
Conference report filed in House (08/21/1994)
TABLE OF CONTENTS:
Title I: Public Safety and Policing
Title II: Prisons
Subtitle A: Violent Offender Incarceration and
Truth in Sentencing Incentive Grants
Subtitle B: Punishment for Youn Offenders
Subtitle C: Alien Incarceration
Subtitle D: Miscellaneous Provisions
Title III: Crime Prevention
Subtitle A: Ounce of Prevention Council
Subtitle B: Local Crime Prevention Block Grant Program
Subtitle C: Model Intensive Grant Programs
Subtitle D: Family and Community Endeavor Schools
Subtitle G: Assistance for Delinquent and At-Risk Youth
Subtitle H: Police Recruitment
Subtitle J: Local Partnership Act
Subtitle K: National Community Economic Partnership
Subtitle O: Urban Recreation and At-Risk Youth
Subtitle Q: Community-Based Justice Grants for
Subtitle S: Family Unity Demonstration Project
Subtitle T: Substance Abuse Treatment in Federal
Subtitle U: Residential Substance Abuse Treatment
for State Prisoners
Subtitle V: Prevention, Diagnosis, and Treatment
of Tuberculosis in Correctional Institutions
Subtitle X: Gang Resistance Education and Training
Title IV: Violence Against Women
Subtitle A: Safe Streets for Women
Subtitle B: Safe Homes for Women
Subtitle C: Civil Rights for Women
Subtitle D: Equal Justice for Women in the Courts Act
Subtitle E: Violence Against Women Act Improvements
Subtitle F: National Stalker and Domestic Violence
Subtitle G: Protections for Battered Immigrant
Women and Children
Title V: Drug Courts
Title VI: Death Penalty
Title VII: Mandatory Life Imprisonment for Persons
Convicted of Certain Felonies
Title VIII: Applicability of Mandatory Minimum Penalties
in Certain Cases
Title IX: Drug Control
Subtitle A: Enhanced Penalties and General Provisions
Subtitle B: National Narcotics Leadership Act
Title X: Drunk Driving Provisions
Title XI: Firearms
Subtitle A: Assault Weapons
Subtitle B: Youth Handgun Safety
Subtitle C: Licensure
Subtitle D: Domestic Violence
Subtitle E: Gun Crime Penalties
Title XII: Terrorism
Title XIII: Criminal Aliens and Immigration Enforcement
Title XIV: Youth Violence
Title XV: Criminal Street Gangs
Title XVI: Child Pornography
Title XVII: Crimes Against Children
Subtitle A: Jacob Wetterling Crimes Against
Children and Sexully Violent Offender
Subtitle B: Assaults Against Children
Subtitle C: Missing and Exploited Children
Title XVIII: Rural Crime
Subtitle A: Drug Trfficking in Rural Areas
Subtitle B: Drug Free Truck Stops and Safety Rest
Subtitle C: Sense of Congress Regarding Funding
for Rural Areas
Title XIX: Federal Law Enforcement
Title XX: Police Corps and Law Enforcement Officers
Training and Education
Subtitle A: Police Corps
Subtitle B: Law Enforcement Scholarship Program
Title XXI: State and Local Law Enforcement
Subtitle A: Byrne Program
Subtitle B: Law Enforcement Family Support
Subtitle C: DNA Identification
Subtitle D: Police Pattern or Practice
Subtitle E: Improved Training and Technicl Automation
Subtitle F: Other State and Local Aid
Title XXII: Motor Vehicle Theft Prevention
Title XXIII: Victims of Crime
Subtitle A: Victims of Crime
Subtitle B: Crime Victims' Fund
Title XXIV: Protections for the Elderly
Title XXV: Senior Citizens Against Marketing Scams
Title XXVI: Commission Membership and Appointment
Title XXVII: Presidential Summit on Violence andNational
Commission on Crime Prevention and Control
Title XXVIII: Sentencing Provisions
Title XXIX: Computer Crime
Title XXX: Protection of Privacy of Information in
State Motor Vehicle Records
Title XXXI: Violent Crime Reduction Trust Fund
Title XXXII: Miscellaneous
Subtitle A: Increases in Penalties
Subtitle B: Extension of Protection of Civil
Subtitle C: Audit and Report
Subtitle D: Coordination
Subtitle E: Gambling
Subtitle F: White Collar Crime Amendments
Subtitle G: Safer Streets and Neighborhoods
Subtitle H: Recreational Hunting Safety
Subtitle I: Other Provisions
Title XXXIII: Technical Corrections
Violent Crime Control and Law Enforcement Act of 1994 - Title I: Public Safety and Policing - Public Safety Partnership and Community Policing Act of 1994 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to authorize the Attorney General to make grants to States, local governments, Indian tribal governments, other public and private entities, and multi-jurisdictional or regional consortia thereof to increase police presence, expand and improve cooperative efforts between law enforcement agencies (LEAs) and community members, and otherwise enhance public safety.
Authorizes such grants to be used for programs, projects, and other activities to: (1) rehire law enforcement officers who have been laid off as a result of State and local budget reductions for deployment in community-oriented policing; (2) hire and train new, additional career law enforcement officers for deployment in community-oriented policing across the Nation; and (3) procure equipment, technology, or support systems, or pay overtime, if the grant applicant demonstrates to the satisfaction of the Attorney General that expenditures for such purposes would result in a specified increase in the number of officers deployed in community-oriented policing.
Sets limits on grants for equipment, technology and support systems. Authorizes grants to hire former members of the armed forces to serve as career law enforcement officers for deployment in community-oriented policing, particularly in communities that are adversely affected by a recent military base closing.
Sets forth provisions regarding: (1) additional authorized grant projects (such as providing specialized training to officers to enhance their conflict resolution, mediation, and other skills and developing new technologies to assist State and local LEAs in reorienting the emphasis of their activities from reacting to crime to preventing crime); (2) preferential consideration of applications for certain grants; (3) technical assistance; (4) matching fund requirements; (5) application requirements (including providing a long-term strategy and detailed implementation plan and demonstrating a specific public safety need); (6) grant renewal; (7) limitation on the use of funds; (8) performance evaluation; (9) revocation or suspension of funding; and (10) access by the Attorney General and Comptroller General for audits and examinations.
Title II: Prisons - Subtitle A: Violent Offender Incarceration and Truth in Sentencing Incentive Grants - Authorizes the Attorney General to make grants to individual States and to States organized as multi-State compacts to develop, expand, modify, operate, or improve correctional facilities and programs, including boot camp facilities and programs and other alternative confinement facilities and programs, to free conventional prison space for violent offenders.
Sets forth eligibility requirements. Directs the Attorney General, in making grants, to give consideration to the special burden placed on States which incarcerate a substantial number of inmates who are in the United States illegally.
(Sec. 20102) Requires: (1) 50 percent of the total amount of funds appropriated to carry out this subtitle for FY 1995 through 2000 to be made available for Truth in Sentencing Incentive Grants (to be eligible a State must demonstrate that it requires that persons convicted of violent crimes serve not less than 85 percent of the sentence imposed or meet other specified requirements); and (2) 50 percent to be available for Violent Offender Incarceration Grants.
(Sec. 20104) Sets forth provisions regarding: (1) matching requirements; (2) technical assistance and training; and (3) program evaluation.
(Sec. 20109) Authorizes appropriations.
Subtitle B: Punishment for Young Offenders - Authorizes the Attorney General to make grants to States for the purpose of developing alternatives to traditional forms of incarceration and probation for punishment of young offenders. Requires that such methods ensure certain punishment for young offenders and promote reduced recidivism, crime prevention, and victim assistance.
Sets forth provisions regarding: (1) State and local application requirement; (2) allocation and distribution of funds; and (3) evaluation. Authorizes appropriations.
Subtitle C: Alien Incarceration - Directs the Attorney General, upon written request by the chief executive officer of a State or political subdivision exercising authority regarding the incarceration of an undocumented criminal alien, to: (1) enter into a contractual arrangement which provides for compensation to the State or political subdivision for such incarceration; or (2) take such alien into Federal custody.
Specifies that: (1) such compensation shall be the average cost of incarceration of a prisoner in the relevant State; and (2) the Attorney General shall give priority to the Federal incarceration of undocumented criminal aliens who have committed aggravated felonies.
Requires the Attorney General to ensure that such undocumented criminal aliens are held in Federal facilities which provide a level of security appropriate to their crimes.
Subtitle D: Miscellaneous Provisions - Prohibits applying favoritism in designating the place of imprisonment or in making transfers for prisoners of high social or economic status.
(Sec. 20402) Requires that any submission of legislation by the judicial or executive branch which could increase or decrease the number of persons incarcerated or in Federal penal institutions be accompanied by a prison impact statement.
(Sec. 20403) Amends the Federal criminal code to direct the court, in determining a fine, to consider the expected costs to the Government of any imprisonment, supervised release, or probation sentence that is ordered.
(Sec. 20404) Provides that, in the case of a prisoner convicted of an offense committed prior to November 1, 1987, a reference under the code to supervised release shall be deemed to be a reference to probation or parole.
(Sec. 20405) Amends the Federal criminal code to repeal the requirement that credit toward service of sentence for satisfactory behavior ("good time") be granted to a prisoner serving a term of imprisonment of more than one year for a crime of violence. Allows a prisoner serving such a sentence, at the discretion of the Bureau of Prisons, to receive such credit if the prisoner has displayed exemplary compliance with institutional disciplinary regulations.
(Sec. 20406) Requires the Director of the National Institute of Corrections to establish a task force on prison construction standardization techniques and cost-cutting new building materials and technologies.
Directs the task force: (1) to work to promote the implementation of cost-saving efforts at the Federal, State, and local levels; (2) to advise on the results and effectiveness of adopted efforts; and (3) to certify the effectiveness of such efforts.
(Sec. 20407) Requires the Attorney General, in administering each grant program funded pursuant to this Act, to encourage: (1) innovative methods for the low-cost construction and operation of facilities and the reduction of administrative cost and overhead expenses; and (2) the use of surplus Federal property.
Authorizes the Attorney General to assess the cost efficiency and utility of using modular, prefabricated, precast, and pre-engineered construction components and designs for housing nonviolent criminals.
(Sec. 20408) Amends the National Literacy Act of 1991 to authorize the Secretary of Education to convene and consult with a panel of experts in correctional education to: (1) develop measures for evaluating the effectiveness of the literacy programs funded; and (2) evaluate the effectiveness of such programs.
(Sec. 20409) Amends the Federal criminal code to prohibit a Federal court from holding prison or jail crowding unconstitutional under the Eighth Amendment except to the extent that an individual plaintiff inmate proves that the crowding causes the infliction of cruel and unusual punishment of that inmate. Specifies that, in such cases, the relief shall extend no further than necessary to remove the conditions that are causing the cruel and unusual punishment of the plaintiff inmate.
Prohibits a Federal court from placing a ceiling on the inmate population of any Federal, State, or local detention facility as an equitable remedial measure for conditions that violate the Eighth Amendment unless crowding is inflicting cruel and unusual punishment on particular identified prisoners. Leaves intact Federal judicial power to issue other equitable relief where appropriate, including the requirement of improved medical or health care and the imposition of civil contempt fines or damages.
Requires that each Federal court order or consent decree seeking to remedy an Eighth Amendment violation be reopened at the behest of a defendant for recommended modification at a minimum of two-year intervals.
(Sec. 20410) Prohibits expanding the existing prison facilities and complex at the District of Columbia Corrections Facility at Lorton, Virginia, without congressional approval. Directs the Senate Appropriations Committee's Subcommittee on the District of Columbia to conduct hearings regarding expansion of the prison complex in Lorton prior to any such approval, permitting interested parties (including appropriate Fairfax County officials) to testify.
(Sec. 20411) Amends the Higher Education Act of 1965 to prohibit awards of Pell Grants to any individual incarcerated in a Federal or State penal institution.
(Sec. 20412) Revises early release requirements under the Federal criminal code to provide that credit toward a prisoner's service of sentence shall not vest unless the prisoner has earned or is making satisfactory progress toward a high school diploma or an equivalent degree. Directs the Attorney General to ensure that the Bureau of Prisons has in effect an optional General Educational Development (GED) program for inmates who have not earned a high school diploma or its equivalent (but permits exemptions to the GED requirement as deemed appropriate by the Director of the Bureau).
(Sec. 20413) Requires the Secretary of Defense and the Attorney General: (1) to jointly study the suitability of military installations selected before this Act's enactment to be closed pursuant to a base closure law for conversion into Federal prison facilities.
Directs the Attorney General, in determining where to locate any new Federal prison facility and in accordance with the Department of Justice's (DOJ) duty to review and identify a use for any portion of an installation closed pursuant to specified provisions of the Defense Authorization Amendments and Base Closure and Realignment Act and the Defense Base Closure and Realignment Act of 1990, to consider whether: (1) using any portion of such an installation provides a cost-effective alternative to the purchase of real property or construction of new prison facilities; (2) such use is consistent with a reutilization and redevelopment plan; and (3) the closure of any installation located in a rural area will have a substantial adverse impact on the economy of the local communities and on the ability of the communities to sustain an economic recovery from such closure. Sets forth reporting requirements.
(Sec. 20414) Requires the Director of the Administrative Office of the U.S. Courts (Administrative Office) to establish a program of drug testing of Federal offenders on post-conviction release.
(Sec. 20415) Amends the Internal Revenue Code to require every clerk of a Federal or State criminal court who receives more than $10,000 in cash as bail for any individual charged with a Federal criminal offense involving a controlled substance, racketeering, money laundering, and any substantially similar State criminal offense to make a return with respect to the receipt of such bail.
(Sec. 20416) Amends the Civil Rights of Institutionalized Persons Act to increase the period for exhaustion of administrative remedies to up to 180 days (currently, 90 days) and to require exhaustion where such remedies are fair and effective (currently, where such remedies are in substantial compliance with specified minimum acceptable standards).
(Sec. 20417) Requires notification to State and local law enforcement authorities (by the Director of the Bureau of Prisons, in the case of notice prior to release, and by the probation officer responsible for the supervision of the released prisoner, or in a manner specified by the Director of the Administrative Office for notice concerning a change of residence following release) concerning the release or relocation to their areas of Federal offenders under post-release supervision with respect to prisoners convicted of drug trafficking and violent crimes. Permits the use of such notice solely for law enforcement purposes.
(Sec. 20418) Directs the Attorney General to establish within DOJ an Office of Correctional Job Training and Placement.
Title III: Crime Prevention - Subtitle A: Ounce of Prevention Council - Establishes an Ounce of Prevention Council which: (1) for any program authorized under this Act, only at the request of the Council member with jurisdiction over that program, may coordinate that program through the Council; and (2) shall be responsible for such functions as coordinated planning, development of a comprehensive crime prevention program catalogue, provision of assistance to communities and community-based organization seeking information regarding crime prevention programs and integrated program service delivery, and development of strategies for program integration and grant simplification.
(Sec. 30102) Authorizes the Council to make grants for: (1) summer and after-school (including weekend and holiday) education and recreation programs; (2) mentoring, tutoring, and other programs involving participation by adult role models; (3) programs assisting and promoting employability and job placement; and (4) prevention and treatment programs to reduce substance abuse, child abuse, and adolescent pregnancy, including outreach programs for at-risk families.
Sets forth provisions regarding: (1) application requirements; (2) priorities in making grants; (3) the Federal share; and (4) program evaluation.
(Sec. 30104) Authorizes appropriations.
Subtitle B: Local Crime Prevention Block Grant Program - Directs the Attorney General to make specified payments to qualifying local governments for purposes including: (1) education, training, research, prevention, diversion, treatment, and rehabilitation programs to prevent juvenile violence, juvenile gangs, and the use and sale of illegal drugs by juveniles; (2) programs to prevent crimes against the elderly based on the concepts of the Triad model; (3) programs that prevent young children from becoming gang involved; (4) saturation jobs programs that provide employment opportunities leading to permanent unsubsidized employment for disadvantaged young adults age 16 through 25; and (5) midnight sports league programs that require each player to attend employment counseling, job training, and other education classes.
(Sec. 30202) Authorizes appropriations.
(Sec. 30203) Directs the Attorney General to issue regulations establishing procedures under which eligible local governments are required to provide notice of the proposed use of such assistance. Lists qualification requirements for payment (including that the government will establish a trust fund, use amounts in the trust fund during a reasonable period, and use specified accounting, audit, and fiscal procedures).
Sets forth provisions regarding: (1) review by governors; (2) sanctions for noncompliance; (3) allocation and distribution of funds; (4) utilization of the private sector; and (5) public hearings.
Subtitle C: Model Intensive Grant Programs - Authorizes the Attorney General to award grants to not more than 15 chronic high intensive crimes areas to develop comprehensive model crime prevention programs that: (1) involve and utilize a broad spectrum of community resources; (2) attempt to relieve conditions that encourage crime; and (3) provide meaningful and lasting alternatives to involvement in crime.
(Sec. 30302) Sets forth provisions regarding: (1) uses of funds; (2) program requirements (including supplying a description of the distinctive factors that contribute to chronic violent crime within the area proposed to be served by the grant, a comprehensive, community-based plan to attack intensively such factors, and an evaluation plan and projected timetable); (3) application requirements; and (4) reporting requirements.
(Sec. 30307) Authorizes appropriations.
Subtitle D: Family and Community Endeavor Schools Grant Program - Community Schools Youth Services and Supervision Grant Program Act of 1994 - Directs the Secretary of Health and Human Services (HHS) to allocate specified sums to community-based organizations in States and in Indian country to provide children in the eligible community with services and activities that include supervised sports and extracurricular and academic programs offered after school and on weekends and holidays during the school year and as daily full-day programs or as part-day programs during the summer months.
Requires such organizations, in providing such extracurricular and academic programs, to provide programs such as curriculum-based supervised educational, work force preparation, entrepreneurship, cultural, health programs, social activities, arts and crafts programs, dance programs, and tutorial and mentoring programs.
Sets forth provisions regarding: (1) limits on the use of funds (including a prohibition on using funds to provide sectarian worship or instruction); (2) application requirements; (3) eligibility of participants; and (4) the Federal share of funding.
Authorizes the Secretary to: (1) establish a peer review panel to conduct the initial review of all grant applications received and to make recommendations regarding grant funding and a design for program evaluation; and (2) conduct such investigations and inspections as necessary to ensure compliance with the provisions of this Act. Directs the Secretary to conduct a thorough evaluation of the programs assisted under this Act.
(Sec. 30402) Family and Community Endeavor Schools Act - Authorizes the Secretary to award grants on a competitive basis to eligible local entities to pay for the Federal share of assisting eligible communities to develop and carry out programs under this Act. Directs each local entity that receives funds to develop or expand programs that are designed to improve academic and social development by instituting a collaborative structure that trains and coordinates the efforts of teachers, administrators, social workers, guidance counselors, parents, and school volunteers to provide concurrent social services for at-risk students at selected public schools in eligible communities. Permits such an entity to develop a variety of programs to serve the comprehensive needs of students, including homework assistance and after-school programs, nutrition services, mentoring programs, family counseling, and parental training programs.
Sets forth provisions regarding: (1) grant eligibility; (2) application requirements; (3) peer review; (4) investigations and inspections; (5) the Federal share; and (6) evaluation.
(Sec. 30403) Authorizes appropriations.
Subtitle G: Assistance for Delinquent and At-Risk Youth - Authorizes the Attorney General in order to prevent the commission of crimes or delinquent acts by juveniles, to make grants to public or private nonprofit organizations to support the development and operation of projects to provide residential services to youth, aged 11 to 19, who have dropped out of school, have come into contact with the juvenile justice system, or are at risk of doing so. Directs that such services include activities designed to: (1) increase self-esteem; (2) provide assistance in making healthy and responsible choices; (3) improve academic performance pursuant to a plan jointly developed by the applicant and the school; and (4) provide vocational and life skills.
Sets forth provisions regarding application requirements, consideration of applications, and report requirements.
(Sec. 30702) Authorizes appropriations.
Subtitle H: Police Recruitment - Authorizes the Attorney General to make grants to qualified community organizations to assist in meeting the costs of qualified programs designed to recruit and retain applicants to police departments.
Sets forth provisions regarding: (1) application requirements; (2) grant approval and disbursement; (3) the grant period; (4) grantee reporting; and (5) guidelines on content and results for programs receiving grants.
(Sec. 30802) Authorizes appropriations.
Subtitle J: Local Partnership Act - Directs: (1) the Secretary of HUD to make specified payments to local governments to carry out programs related to education, substance abuse, or jobs programs to prevent crime; (2) that such programs be coordinated with other existing Federal programs to meet the overall needs of communities that benefit from funds received under this subtitle; and (3) that not less than ten percent of the total combined amounts of such payments obligated by the government for contracts and subcontracts be expended with small business concerns controlled by socially and economically disadvantaged individuals and women and with colleges and universities which are historically Black and which have a student body that is more than 20 percent Hispanic or Native American, with exceptions.
Authorizes appropriations to a Local Government Fiscal Assistance Fund of the Department of the Treasury.
Sets forth provisions regarding: (1) qualification for payment; (2) State area, territorial government and local government allocations; (3) income gap multipliers; (4) State variation and adjustments of local government allocations; (5) information used in allocation formula; (6) public participation; (7) prohibited discrimination; (8) discrimination proceedings and related issues (including enforcement by the Attorney General of prohibitions against discrimination and civil actions by adversely affected persons); (9) judicial review; (10) audits, investigations, and reviews; and (11) reporting requirements.
Subtitle K: National Community Economic Partnership - National Community Economic Partnership Act of 1994 - Chapter 1: Community Economic Partnership Investment Funds - Establishes a program of community economic partnership investment funds. Authorizes the Secretary of HHS to provide nonrefundable lines of credit to community development corporations (CDCs) to establish, maintain, or expand revolving loan funds to finance projects to: (1) provide business and employment opportunities for low-income, unemployed, or underemployed individuals; and (2) improve the quality of life in urban and rural areas.
(Sec. 31112) Sets forth revolving loan fund requirements relating to: (1) a competitive assessment of applications from eligible entities for capitalization of such funds; (2) applications including strategic investment plans and demonstrations of experience and achievement; (3) matching local funds; and (4) local and private sector contributions.
(Sec. 31116) Requires the Secretary to give priority in providing lines of credit to: (1) CDCs that propose to undertake economic development activities in distressed communities that target women, Native Americans, at-risk youth, farm workers, population-losing communities, very low-income communities, single mothers, veterans, and refugees or that expand employee ownership of private enterprises and small businesses; and (2) programs providing loans in limited amounts to very small business enterprises. Reserves certain funds for such priority activities.
Chapter 2: Emerging Community Development Corporations - Establishes a program for emerging CDCs. Directs the Secretary to award skill enhancement grants and operating grants to CDCs.
(Sec. 31122) Authorizes the Secretary to award grants to emerging CDCs to enable them to establish, maintain, or expand revolving loan funds, to make or guarantee loans, or to make capital investments in new or expanding local businesses.
Chapter 3: Miscellaneous Provisions - Authorizes appropriations for: (1) the community economic partnership investment funds program; and (2) the emerging CDCs program.
(Sec. 31133) Prohibits funds authorized under this Act from being used to finance the construction of housing.
Subtitle O: Urban Recreation and At-Risk Youth - Amends the Urban Park and Recreation Recovery Act of 1978 to include among the purposes of such Act to improve recreation facilities and expand recreation services in urban areas with a high incidence of crime, to help deter crime through the expansion of recreation opportunities for at-risk youth, to increase the security of urban parks, and to promote collaboration between local agencies involved in parks and recreation, law enforcement, youth social services, and the juvenile justice system.
(Sec. 31502) Defines "at-risk youth recreation grants" under such Act to mean rehabilitation grants, innovation grants, or matching grants for continuing program support programs of demonstrated value or success in providing alternatives to youth at risk for engaging in criminal behavior in neighborhoods and communities with a high prevalence of crime, particularly violent crime or crime committed by youthful offenders.
(Sec. 31503) Sets priorities for selection of at-risk youth recreation grant recipients including programs targeted to youth who are at greatest risk of becoming involved in violence and crime and programs which show the greatest potential of being continued with non-Federal funds or which can serve as models for other communities.
(Sec. 31504) Requires a local government, to be eligible for such grants, to: (1) amend its five-year action program to incorporate the goal of reducing crime and juvenile delinquency and to provide a description of the implementation strategies to achieve this goal; and (2) address how the local government is coordinating its recreation programs with crime prevention efforts of law enforcement, juvenile corrections, and youth social service agencies.
(Sec. 31505) Authorizes appropriations.
Subtitle Q: Community-Based Justice Grants for Prosecutors - Authorizes the Attorney General to make grants to State, Indian tribal, or local prosecutors for the purpose of supporting the creation or expansion of community-based justice programs.
(Sec. 31702) Specifies that such grants shall be used to fund: (1) programs that require the cooperation and coordination of prosecutors, school officials, police, probation officers, youth and social service professionals, and community members in the effect to reduce the incidence of, and increase the successful identification and speed of prosecution of, young violent offenders; (2) programs in which prosecutors focus on the offender, not simply the specific offense, and impose individualized sanctions and increasingly serious sanctions on a young offender who continues to commit offenses; (3) programs that coordinate criminal justice resources with educational, social service, and community resources to develop and deliver violence prevention programs, including mediation and other conflict resolution methods, treatment, counseling, educational, and recreational programs to create alternatives to criminal activity; and (4) cooperative efforts in rural States between State and local prosecutors, victim advocacy and assistance groups, social and community service providers, and LEAs to investigate and prosecute child abuse cases, treat youthful victims of child abuse, and work in cooperation with the community to develop education and prevention strategies directed toward the issues with which such entities are concerned.
(Sec. 31703) Sets forth provisions regarding: (1) application requirements; (2) allocation of funds and grant limitations; (3) grant award criteria; and (4) reporting requirements. Authorizes appropriations.
Subtitle S: Family Unity Demonstration Project - Family Unity Demonstration Project Act - Authorizes appropriations for State and Federal family unity demonstration projects that enable eligible prisoners to live in community correctional facilities with thier children for purposs of alleviating harm to children and primary caretaker parents caused by separation due to incarceration, reducing recidivism rates, and exploring the cost effectiveness of community correctional facilities.
Chapter 1: Grants to States - Authorizes the Attorney General to make grants to States to carry out such projects, giving preference to States providing assurances such as that the State: (1) corrections and health and human services agencies will participate and cooperate closely in the development and operation of the project; (2) has a policy that provides for the placement of prisoners in correctional facilities for which they qualify that are located closest to their family homes, and (3) will follow specified guidelines in selecting prisoners to participate. Requires the Attorney General to make grants on a competitive basis Sets forth conditions for grant eligibility and State reporting requirements.
Chapter 2: Family Unity Demonstration Project for Federal Prisoners - Authorizes the Attorney General: (1) with the funds available to carry out this subtitle for the benefit of Federal prisoners and acting through the Director of the Bureau of Prisons, to select eligible prisoners to live in community correctional facilities with their children; and (2) in implementing this title to enter into contracts with appropriate public or private agencies to provide housing, sustenance, services, and supervision of inmates eligible for placement in community correctional facilities.
Permits Federal participants to be placed in State projects at the discretion of the Attorney General (in which case the Attorney General shall reimburse the State for all related project costs.)
Subtitle T: Substance Abuse Treatment in Federal Prisons - Amends the Federal criminal code to direct the Bureau of Prisons to provide residential substance abuse treatment (and make arrangements for appropriate aftercare) for: (1) not less than 50 percent of eligible prisoners by the end of FY 1995; (2) not less than 75 percent by the end of FY 1996; and (3) all eligible prisoners by the end of FY 1997 and thereafter.
Grants priority for such treatment based on an eligible prisoner's proximity to his or her release date. Permits sentence reductions of up to a year for a prisoner's successful completion of a residential substance abuse treatment program in the case of a prisoner convicted of a nonviolent offense Sets forth reporting requirements. Authorizes appropriations.
Directs the Bureau of Prisons to consult with the Department of HHS concerning substance abuse treatment and related services and the incorporation of applicable components of existing comprehensive approaches, including relapse prevention and aftercare services.
Subtitle U: Residential Substance Abuse Treatment for State Prisoners - Amends the Omnibus Act to authorize the Attorney General to make grants to States, for use by States and local government, for developing and implementing residential substance abuse treatment programs within State and local correctional facilities.
Directs the Attorney General to consult with the Secretary of HHS to ensure that projects of substance abuse treatment and related services for State prisoners incorporate applicable components of existing comprehensive approaches, including relapse prevention and aftercare services.
Sets forth provisions regarding: (1) State application requirements (including substance abuse testing, aftercare, coordination of Federal assistance, and duties of a State office); (2) review of State applications; (3) allocation and distribution of funds; and (4) evaluation. Authorizes appropriations.
Subtitle V: Prevention, Diagnosis, and Treatment of Tuberculosis in Correctional Institutions - Directs the Attorney General to: (1) develop and disseminate to appropriate entities (including State, Indian tribal, and local correctional institutions and the Immigration and Naturalization Service (INS) guidelines for the prevention, diagnosis, treatment, and followup care of tuberculosis among inmates of correctional institution and persons held in holding facilities operated by or under contract with INS; and (2) ensure that Federal prisons and holding facilities operated by or under contract with INS comply with such guidelines.
Requires the Attorney General to make grants to State, Indian tribal, and local correction authorities and public health authorities to assist in establishing and operating programs for the prevention, diagnosis, treatment, and followup care of tuberculosis among inmates.
Sets the Federal share at 50 percent Authorizes appropriations.
Subtitle X: Gang Resistance Education and Training - Directs the Secretary of the Treasury to establish not less than 50 additional Gang Resistance Education and Training projects to be located in communities across the country. Specifies that communities identified for such projects shall be selected by the Treasury on the basis of gang-related activity in the particular community. Sets forth provisions regarding the amount and allocation of assistance Authorizes appropriations.
Title IV: Violence Against Women - Violence Against Women Act of 1994 - Subtitle A: Safe Streets for Women - Safe Streets for Women Act of 1994 - Chapter 1: Federal Penalties for Sex Crimes - Amends the Federal criminal code to: (1) authorize judges to increase sentences for repeat sex offenders to up to twice that otherwise authorized by statute; and (2) require the U.S. Sentencing Commission to implement such amendment by promulgating amendments, if appropriate, in sentencing guidelines applicable to criminal sexual abuse.
(Sec. 40112) Directs the Sentencing Commission to review and promulgate amendments to the guidelines, if appropriate, to: (1) enhance penalties if more than one offender is involved in the offense; (2) reduce unwarranted disparities between the sentences for sex offenders who are known to the victim and sentences for sex offenders who are not known to the victim; (3) enhance penalties to render Federal penalties on Federal territory commensurate with penalties for similar offenses in the States; and (4) account for the general problem of recidiviism in sex offense cases, the severity of the offense, and its devastating effects on survivors.
Directs the Sentencing Commission to review and report to the Congress regarding Federal rape sentencing.
(Sec. 40113) Requires that a court order restitution for violations of Federal sexual abuse laws, including for sexual exploitation and other abuse of children. Sets forth provisions regarding multiple offenders or victims, payment schedules, setoffs, effect on other sources of compensation, compliance as a condition of probation or supervised release, proof of claim, modification of an order, and reference of any issue arising in connection with a proposed order to a magistrate or special master.
Allows a victim named in a restitution order, in a case involving sexual exploitation and other abuse of children, to receive the restitution in the same manner as a judgment in a civil action.
(Sec 40114) Authorizes appropriations.
Chapter 2: Law Enforcement and Prosecution Grants to Reduce Violent Crimes Against Women - Amends the Omnibus Act to authorize the Attorney General to make grants to States to assist States, Indian tribal governments, and local governments in developing and strengthening effective law enforcement and prosecution strategies to combat, and to develop and strengthen victim services in cases involving, violent crimes against women.
Authorizes the Attorney General to request any Federal agency to use its authorities and resources in support of State, tribal, and local assistance efforts.
Specifies that a State, Indian tribal government, or local government shall not be entitled to funds under this chapter unless: (1) it or another governmental entity incurs the fullout-of-pocket cost of forensic medical exams for victims of sexual assault; and (2) it certifies that its laws, policies, and practices do not require, in connection with the prosecution of any misdemeanor or felony domestic violence offense, the abused to bear the costs associated with the filing of criminal charges against the offender or with the issuance or service of a warrant, protection order, or witness subpoena, or it gives the Attorney General assurances that it will come into compliance within a specified time frame. Provides for a redistribution of withheld funds to other States, Indian tribal governments, or local governments.
Chapter 3: Safety for Women in Public Transit and Public Parks - Authorizes appropriations for the Secretary of Transportation to make capital grants for the prevention of crime and to increase security in existing and future public transportation systems Authorizes the Secretary to make grants and loans to States and local public bodies to increase the safety of public transportation through lighting, camera surveillance, security phones, or other projects. Directs the Secretary to provide grants and loans to study ways to reduce violent crimes against women in public transit through better design or operation of public transit systems.
(Sec 40132) Authorizes appropriations out of the Violent Crime Reduction Trust Fund for the Secretary of the Interior to take actions to reduce the incidence of violent crime in the National Park System. Requires the Secretary to direct the chief official responsible for law enforcement within the System to compile a list of areas within the System with the highest rates of violent crime, make recommendations concerning capital improvements and other measures needed to reduce such rates, and publish the information in the Federal Register. Sets forth provisions regarding the distribution and use of funds under this section.
(Sec. 40133) Amends the Land and Water Conservation Fund Act of 1965 to authorize the Secretary, from amounts appropriated out of the Violent Crime Reduction Trust Fund, to provide financial assistance to the States for projects for capital improvements and other measures to increase safety in urban parks and recreation areas. Sets forth provisions regarding eligibility for assistance and the Federal share.
Chapter 4: New Evidentiary Rules - Specifies that the proposed amendments to the Federal Rules of Evidence (FRE) that are embraced by an order entered by the U.S. Supreme Court on April 29, 1994, shall take effect on December 1, 1994, as amended by the following.
Modifies FRE 412 to make inadmissible in a civil or criminal proceeding involving alleged sexual misconduct evidence offered to prove: (1) that any alleged victim engaged in other sexual behavior; and (2) any alleged victim's sexual predisposition.
Makes exceptions in a criminal case, if otherwise admissible under the FRE, for evidence: (1) of specific instances of sexual behavior by the alleged victim offered to prove that a person other than the accused was the source of semen, injury, or other physical evidence; (2) of specific instances of sexual behavior by the alleged victim with respect to the person accused of the sexual misconduct offered by the accused to prove consent or by the prosecution; and (3) the exclusion of which would violate the defendant's constitutional rights.
Makes exceptions in a civil case for evidence offered to prove the sexual behavior or sexual predisposition of any alleged victim if it is otherwise admissible under the FRE and its probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party. Specifies that evidence of an alleged victim's reputation is admissible only if it has been placed in controversy by the alleged victim.
Sets forth procedures for determining admissibility of evidence.
Chapter 5: Assistance to Victims of Sexual Assault - Amends the Public Health and Human Services Act to allow States to use amounts transferred by the State under block grant provisions for rape prevention and education programs conducted by rape crisis centers or similar nongovernmental nonprofit entities for: (1) educational seminars; (2) the operation of hotlines; (3) training programs for professionals; (4) the preparation of informational materials; and (5) other efforts to increase awareness of the facts about, or to help prevent, sexual assault.
Requires States providing grant monies to ensure that at least 25 percent are devoted to education programs targeted for middle school, junior high school, and high school students.
(Sec. 40152) Requires the Attorney General to establish criteria and develop training programs to assist probation and parole officers and other personnel who work with released sex offenders in the areas of case management, supervision, and relapse prevention. Authorizes appropriations.
(Sec. 40153) Directs the Attorney General to: (1) study and evaluate the manner in which the States have taken measures to protect the confidentiality of communications between sexual assault or domestic violence victims and their therapists or trained counselors; (2) develop model legislation that will provide the maximum protection possible for the confidentiality of such communications, within any applicable constitutional limits; (3) prepare and disseminate to State authorities the findings made and model legislation developed as a result of the study and evaluation; and (4) report to the Congress.
Requires the Judicial Conference of the United States to evaluate and report to the Congress its views on whether and how the FRE should be amended to guarantee that the confidentiality of communications between sexual assault victims and their therapists or trained counselors will be adequately protected in Federal court proceedings.
(Sec. 40154) Directs the Attorney General to compile information regarding sex offender treatment programs and ensure that information regarding community treatment programs in the community into which a convicted sex offender is released is made available to each person serving a sentence of imprisonment in a Federal penal or correction institution for a commission of a sex offense, or of a similar offense, including halfway houses and psychiatric institutions.
(Sec. 40155) Amends the Runaway and Homeless Youth Act to direct the Secretary of HHS to make grants to private, nonprofit agencies for street-based outreach and education, including treatment, counseling, provision of information, and referral for runaway, homeless, and street youth who have been subjected to, or are at risk of being subjected to, sexual abuse. Authorizes appropriations.
(Sec. 40156) Amends: (1) the Victims of Child Abuse Act of 1990 to authorize appropriations, including for child abuse training programs for judicial personnel and practitioners; and (2) the Omnibus Act to authorize appropriations for grants for closed-circuit televising of testimony of children who are victims of abuse.
Subtitle B: Safe Homes for Women - Safe Homes for Women Act of 1994 - Chapter 1: National Domestic Violence Hotline - Amends the Family Violence Prevention and Services Act (FVPSA) to authorize the Secretary of HHS to award a grant to a private, nonprofit entity to provide for the operation of a national, toll-free telephone hotline to provide information and assistance to victims of domestic violence. Authorizes appropriations.
Chapter 2: Interstate Enforcement - Amends the Federal criminal code to provide for a term of imprisonment or a fine for a person who travels across a State line or enters or leaves Indian country (travels) with the intent to injure, harass, or intimidate that person's spouse or intimate partner (spouse) and, in the course of or as result of such travel, intentionally commits a crime of violence, causing bodily injury to such spouse; (2) causes a spouse to travel by force, coercion, duress, or fraud and who intentionally commits such a crime, causing such injury; (3) travels with intent to engage in conduct that violates the portion of a protection order which involves protection against credible threats of violence, repeated harassment, or bodily injury to those for whom the order was issued or that would such provision if the conduct occurred in the jurisdiction in which the order was issued, and who subsequently engages in such conduct; and (4) causes a spouse to travel by force, coercion, duress, or fraud and who intentionally commit an act that injures the spouse in violation of a valid protection order issued by a State.
Mandates that: (1) the alleged victim be given an opportunity to be heard regarding the danger posed by the defendant in proceedings to determine whether a defendant charged with committing such an offense shall be released pending trial or to determine conditions of such release; and (2) a court order restitution to the victim of such an offense.
Authorizes the enforcement of an order of restitution by a victim named in the order to receive restitution in the same manner as provided a judgment in a civil action.
Sets forth provisions regarding: (1) circumstances where there is more than one offender or victim; (2) payment schedules; (3) setoffs; (4) the effect on other sources of compensation; (5) compliance as a condition of probation or supervised release; and (6) related procedural matters.
Requires, provided certain conditions are met, that a protection order issued by the court of one State (or Indian tribe) be accorded full faith and credit by that of another State (or tribe).
Chapter 3: Arrest Policies in Domestic Violence Cases - Amends the Omnibus Act to authorize the Attorney General to make grants to eligible States, Indian tribal governments, or local governments to: (1) implement mandatory arrest or proarrest programs and policies in police departments with respect to domestic violence and protection order violations; (2) develop policies and training in police departments to improve tracking of cases involving domestic violence; (3) centralize and coordinate police enforcement, prosecution, or judicial responsibility for domestic violence cases in groups or units of police officers, prosecutors, or judges; (4) coordinate computer tracking systems to ensure communication between police, prosecutors, and both criminal and family courts; (5) strengthen legal advocacy service programs for victims of domestic violence; and (6) educate judges in criminal and other courts about domestic violence to improve judicial handling of such cases.
Sets forth eligibility, application, and reporting requirements. Authorizes approriations.
Chapter 4: Shelter Grants - Amends the FVPSA to authorize appropriations for grants for battered women's shelters.
Chapter 5: Youth Education - Amends the FVPSA to authorize the Secretary of HHS to select, implement, and evaluate four separate model programs, aimed at primary schools, middle schools, secondary schools, and institutions of higher education, for the education of young people about domestic violence and violence among intimate partners. Authorizes appropriations.
Chapter 6: Community Programs on Domestic Violence - Amends the FVPSA to direct the Secretary of Education to provide grants to nonprofit private organizations to establish projects in local communities involving many sectors of each community to coordinate intervention and prevention of domestic violence. Sets forth provisions regarding eligibility, application requirements, use of grant monies, and related requirements. Authorizes appropriations.
Chapter 7: Family Violence Prevention and Services Act Amendments - Amends the FVPSA to require: (1) grant applications to include a plan to address the needs of underserved populations; and (2) upon completion of the activities funded by a grant, the State grantee to file a performance report explaining the activities carried out and an assessment of the effectiveness of those activities Provides for the suspension of funding for an approved application of a grantee which fails to submit an annual performance report or if the funds are expended for unauthorized purposes.
Includes the provision of technical assistance and training to State domestic violence coalitions among the areas in which special issue resource centers shall specialize.
Includes among permissible uses of grant monies working with local domestic violence programs and providers of direct services to encourage appropriate responses to domestic violence within the State, including: (1) providing training and technical assistance for local programs and professionals working with victims of domestic violence; (2) planning and conducting State needs assessments and planning for comprehensive services; (3) serving as an information clearinghouse and resource center for the State; and (4) collaborating with other governmental systems which affect battered women.
Chapter 8: Confidentiality for Abused Persons - Directs the U.S. Postal Service to promulgate regulations to secure the confidentiality of domestic violence shelters and abused persons' addresses. Specifies that such regulations shall not prohibit the disclosure of such addresses to State or Federal agencies for legitimate law enforcement or other governmental purposes.
Chapter 9: Data and Research - Directs the Attorney General to request the National Academy of Sciences (NAS): (1) through its National Research Council, to enter into a contract to develop a research agenda to increase the understanding and control of violence against women, including rape and domestic violence; and (2) in furtherance of the contract, to convene a panel of nationally recognized experts on such violence. Requires the Attorney General, if the NAS declines to conduct the study and develop a research agenda, to recommend a nonprofit private entity that is qualified to conduct such study. Sets forth reporting requirements.
(Sec. 40292) Directs the Attorney General to study and report to the States and to the Congress on how the States may collect centralized databases on the incidence of sexual and domestic violence within a State. Sets forth reporting requirements. Authorizes appropriations.
(Sec. 40293) Requires the Secretary of HHS to study and recommend health care strategies for reducing the incidence of injuries nationwide resulting from domestic violence and the cost of injuries to health care facilities. Authorizes appropriations.
Chapter 10: Rural Domestic Violence and Child Abuse Enforcement - Authorizes the Attorney General to make grants to States, Indian tribal governments, local governments of rural States, and other public or private entities of rural States to: (1) implement, expand, and establish cooperative efforts and projects between law enforcement officers, prosecutors, victim advocacy groups, and other related parties to investigate and prosecute incidents of domestic violence and child abuse; (2) provide treatment and counseling to victims of domestic violence and child abuse; and (3) work in cooperation with the community to develop education and prevention strategies directed toward such issues. Authorizes appropriations.
Subtitle C: Civil Rights for Women - Civil Rights Remedies for Gender-Motivated Violence Act - Declares that all persons within the United States shall have the right to be free from crimes of violence motivated by gender. Makes any person, including a person who acts under color of any statute, ordinance, regulation, custom, or usage of any State, who deprives another of such right liable to the injured party in an action for compensatory and punitive damages, injunctive and declaratory relief, and such other relief as the court deems appropriate. Sets forth provisions regarding: (1) concurrent and pendent jurisdiction; and (2) limitations on removal.
(Sec. 40303) Allows the awarding of attorney's fees in actions to enforce this subtitle.
(Sec. 40304) Expresses the sense of the Senate that news media, law enforcement officers, and other persons should exercise restraint and respect a rape victim's privacy by not disclosing the victim's identity to the general public or facilitating such disclosure without the victim's consent.
Subtitle D: Equal Justice for Women in the Courts Act - Equal justice for Women in the Courts Act of 1994 - Chapter 1: Education and Training for Judges and Court Personnel in State Courts - Authorizes the State Justice Institute (SJI) to make grants for model programs to be used by States in training judges and court personnel in State laws, and by Indian tribes in training tribal judges and court personnel in tribal laws, governing rape, sexual assault, domestic violence, and other crimes of violence motivated by the victim's gender.
(Sec. 40414) Authorizes appropriations. Directs the SJI to expend not less than 40 percent of such amounts on model programs regarding domestic violence and not less than 40 percent on model programs regarding rape and sexual assault.
Chapter 2: Education and Training for Judges and Court Personnel in Federal Courts - Encourages the circuit judicial councils to conduct studies of any instances of gender bias in legal proceedings in their respective circuits and to implement recommended reforms.
Directs the Administrative Office of the United States Courts to act as a clearinghouse for any reports and materials issued by gender bias task forces.
Authorizes the Federal Judicial Center to include in its educational and training programs information on issues related to gender bias in the courts.
(Sec. 40422) Authorizes appropriations.
Subtitle E: Violence Against Women Act Improvements - Amends the Federal criminal code to provide for pretrial detention in sex offense cases.
(Sec. 40502) Increases penalties for sex offenses against victims under age 16.
(Sec. 40503) Amends the Victims' Rights and Restitution Act of 1990 to direct the Attorney General to provide for the payment of the cost of: (1) up to two anonymous and confidential tests of the victim for sexually transmitted diseases (STDs), including human immunodeficiency virus (HIV), gonorrhea, herpes, chlamydia, and syphilis, during the 12 months following sexual assaults that pose a risk of transmission; and (2) a counseling session by a medically trained professional on the accuracy of such tests and the risk of STD transmission. Permits a victim to waive anonymity and confidentiality.
Authorizes the victim of any such offense to obtain a U.S. district court order, after notice to the defendant and an opportunity to be heard, requiring that the defendant be tested for the presence of the etiologic agent for acquired immune deficiency syndrome (AIDS). Requires the results to be communicated to the victim and the defendant accompained by appropriate counseling.
Sets forth provisions regarding: (1) the showing by the victim required to obtain such an order; (2) follow-up testing; (3) termination of testing requirements; and (4) confidentiality, disclosure of test results, and contempt for disclosure.
Requires the Sentencing Commission to study and report to specified congressional committees concerning revision of sentencing guidelines applicable to HIV infected individuals who engage in sexual activity with intent to expose another to HIV.
(Sec. 40504) Amends the Federal criminal code to provide for restitution for victims of sexual abuse offenses. Authorizes reimbursement of the victim for lost income and necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of, or attendance at proceedings related to, the offense.
(Sec. 40505) Provides for enforcement of restitution orders through the suspension of Federal benefits.
(Sec. 40506) Directs the Attorney General to provide for a national baseline study on campus sexual assault. Authorizes appropriations.
(Sec. 40507) Directs the Attorney General and the Secretary of HHS to report to specified congressional committees on the medical and psychological basis of "battered women's syndrome" and the extent to which evidence of such syndrome has been considered in criminal trials.
(Sec. 40508) Requires the Attorney General to study and report to the Congress on: (1) the means by which abusive spouses may obtain information concerning the addresses or locations of estranged or former spouses; and (2) problems of recordkeeping of criminal complaints involving domestic violence.
Subtitle F: National Stalker and Domestic Violence Reduction - Amends the Federal judicial code to permit: (1) the dissemination of information from national crime information databases consisting of identification, criminal history, and wanted person records, and protection orders to civil or criminal courts for use in domestic violence or stalking cases; and (2) Federal and State criminal justice agencies authorized to enter information into criminal information databases to include arrests, convictions, and arrest warrants for stalking or domestic violence or for violations of orders for the protection of persons from stalking or domestic violence.
(Sec. 40602) Authorizes the Attorney General to provide grants to States and local governments to improve processes for entering data regarding stalking and domestic violence into local, State, and national crime information databases.
(Sec. 40603) Authorizes appropriations.
(Sec. 40604) Sets forth provisions regarding: (1) application requirements; (2) grant fund disbursement; and (3) technical assistance, training, and evaluations.
(Sec. 40607) Directs the SJI to: (1) conduct training programs for State and Indian tribal judges to ensure that a judge issuing an order in a stalking or domestic violence case has all available criminal history and other information, whether from State or Federal sources; and (2) recommend proposals regarding how State courts may increase intrastate communication between civil and criminal courts.
(Sec. 40609) Directs the Attorney General to: (1) compile data regarding domestic violence and intimidation (including stalking) as part of the National Incident-Based Reporting System; and (2) report annually to the Congress concerning stalking and domestic violence.
Subtitle G: Protections for Battered Immigrant Women and Children - Amends the Immigration and Nationality Act (INA) to allow an alien spouse to self-petition for immediate relative or second preference status if the alien demonstrates to the Attorney General that: (1) the alien is residing in the United States, the marriage between the alien and the spouse was entered into in good faith by the alien, and during the marriage the alien or a child of the alien has been battered by or been the subject of extreme cruelty perpetrated by the alien's spouse; and (2) the alien is a person whose deportation, in the opinion of the Attorney General, would result in extreme hardship to the alien or a child of the alien.
Permits an alien who is the child of a U.S. citizen of good moral character, who is eligible to be classified as an immediate relative, and who has resided in the United States with the citizen part to file a petition with the Attorney General for classification as an immediate relative if the alien demonstrates that: (1) he or she residing in the United States and during the period of residence with the citizen parent, the alien has been battered by, or has been the subject of extreme cruelty perpetrated by, the alien's citizen parent; and (2) he or she is a person whose deportation, in the opinion of the Attorney General, would result in extreme hardship to the alien.
Provides that in the case of abused spouses and abused children who are self-petitioning, divorce may not be the basis for revocation of the petition.
(Sec. 40703) Waives the current seven-year residence requirement to apply for suspension of deportation. Makes such suspension available to alien spouses and children who have been battered or subjected to extreme cruelty in the United States by a spouse or parent who is a citizen or lawful permanent resident, provided that the alien spouse or child has been physically present in the United States for a continuous period of not less than three years and proves that during all of such time the alien was and is a person of good moral character whose deportation would result in extreme hardship to the alien or the alien's parent or child.
Directs the Attorney General, in acting on applications under this subtitle, to consider any credible relevant evidence. Places the determination of the credibility weight of evidence within the sole discretion of the Attorney General.
Title V: Drug Courts - Amends the Omnibus Act to authorize the Attorney General to make grants to States, State courts, local courts, local governments, and Indian tribal governments, for programs that involve: (1) continuing judicial supervision over non violent offenders with substance abuse problems; and (2) the integrated administration of other sanctions and services which shall include mandatory periodic testing for the use of controlled substances or other addictive substances during any period of supervised release or probation for each participant, substance abuse treatment for each participant, supervised release involving the possibility of prosecution, confinement, or incarceration based on noncompliance with program requirements or failure to show satisfactory progress, and programmatic, offender management, and aftercare services such as a relapse prevention, health care, education, vocational training, job placement, housing placement, and child care or other family support services for each participant who requires such services.
Directs the Attorney General to: (1) issue regulations and guidelines to ensure that such programs do not permit participation by violent offenders; and (2) immediately suspend funding for any such grant, pending compliance, if the Attorney General finds that violent offenders are participating.
Sets forth provisions regarding application requirements, the Federal share, geographic distribution of grant awards, reporting requirements, and technical assistance, training, and evaluation. Authorizes appropriations.
(Sec. 50002) Directs the Comptroller General to study and assess the effectiveness and impact of such grants and report to the Congress by January 1, 1997.
Title VI: Death Penalty - Federal Death Penalty Act of 1994 - Amends the Federal criminal code to provide for the imposition of the death penalty for specified drug-related offenses committed as part of a continuing criminal enterprise, for treason or espionage, and for specified other offenses for which the death sentence is provided if a defendant intentionally: (1) killed the victim; (2) inflicted serious bodily injury resulting in death; (3) participated in an act contemplating that the life of a person would be taken or intending that lethal force would be used and the victim died as a direct result; or (4) and specifically engaged in an act of violence, knowing that the act created a grave risk of death and thus constituted a reckless disregard for human life, and the victim died as a direct result of the act.
Sets forth provisions regarding: (1) mitigating and aggravating factors to be considered in determining whether a sentence of death is justified, including aggravating factors for a drug offense death penalty; (2) the conduct of a special hearing to make such determination; (3) procedures for the imposition, review, and implementation of such sentence; (4) use of State facilities to carry out such sentence; and (5) special provisions for Indian country.
(Sec. 60003) Authorizes the death penalty for various offenses, including, where death results: (1) hostage taking; (2) murder for hire; (3) racketeering; (4) genocide; (5) carjacking; (6) rape and child molestation murders; (7) sexual exploitation of children; (8) homicides involving firearms in Federal facilities; (9) murder of Federal witnesses; (10) foreign murder of U.S. nationals; (11) civil rights murders; (12) murder by a Federal prisoner, or by escaped prisoners; (13) drive-by shootings; (14) gun murders during Federal crimes of violence and drug trafficking crimes; (15) murder of State or local officials assisting Federal law enforcement officials and State correctional officers;(16) use of weapons of mass destruction; (17) violence at international airports; (18) violence against maritime navigation or fixed platforms; (19) torture; and (20) kidnapping.
(Sec. 60016) Repeals a limitation on the fine for influencing or injuring a court officer, grand juror, or petit juror. Sets penalties for the killing and attempted killing of such individuals.
(Sec. 60017) Prohibits and sets penalties for retaliatory killings of witnesses, victims, and informants.
(Sec. 60024) Enhances penalties for alien smuggling.
(Sec. 60025) Makes an exception to the requirement that the court furnish to a defendant a list of the veniremen and witnesses if the court finds by a preponderance of the evidence that providing the list may jeopardize the life or safety of any person.
(Sec. 60026) Revises provisions regarding the appointment of counsel in capital cases. Requires the court: (1) to promptly, upon the defendant's request, assign two counsel of whom at least one shall be learned in the law applicable to capital cases and who shall have free access to the accused at all reasonable hours; and (2) in assigning counsel, to consider the recommendation of the Federal Public Defender organization or, if no such organization exists in the district, the Administrative Office.
Title VII: Mandatory Life Imprisonment for Persons Convicted of Certain Felonies - Requires that a person convicted in a court of the United States of a serious violent felony be sentenced to life imprisonment if: (1) the person has been convicted on separate prior occasions in a Federal or State court of two or more serious violent felonies, or of one or more serious violent felonies and one or more serious drug offenses; and (2) each serious violent felony or serious drug offense used as a basis for sentencing under such provision, other than the first, was committed after the defendant's conviction of the preceding serious violent felony or serious drug offense.
(Sec. 70002) Limits the authority of a court to modify an imposed term of imprisonment to include a requirement that the defendant be at least age 70 and have served at least 30 years in prison for the offense or offenses for which the defendant is currently imprisoned, and that a determination has been made by the Director of the Bureau of Prisons that the defendant is not a danger to the safety of any other person or the community.
Title VIII: Applicability of Mandatory Minimum Penalties in Certain Cases - Amends the Federal criminal code to require the court to impose a sentencing for specified drug-related offenses pursuant to Sentencing Commission guidelines and without regard to any statutory minimum sentence, if the court finds, after the Government has been afforded the opportunity to make recommendation, that: (1) the defendant does not have more than one criminal history point and did not use violence or credible threats of violence or possess a firearm or other dangerous weapon (or induce another participant to do so) in connection with the offense; (2) the offense did to result in death or serious bodily injury to any person; (3) the defendant was not an organizer, leader, manager, or supervisor of others in the offense and was not engaged in a continuing criminal enterprise; and (4) the defendant has truthfully provided to the Government all information and evidence the defendant has concerning the offense (but the fact that the defendant has no relevant or useful other information to provide or that Government is already aware of the information shall not preclude a determination by the court that the defendant has complied with this requirement).
Specifies that, in the case of a defendant for whom the statutorily required minimum sentence is five years, sentencing guidelines shall call for a range in which the lowest term of imprisonment is at least 24 months.
Title IX: Drug Control - Subtitle A: Enhanced Penalties and General Provisions - Amends the Federal criminal code to enhance penalties for drug trafficking in Federal prisons.
(Sec. 90102) Directs the Sentencing Commission to amend its sentencing guidelines to appropriately enhance the penalties for drug-dealing in "drug-free" zones and for illegal drug use in, and smuggling drugs into, Federal prisons.
(Sec. 90106) Prohibits advertising which aims to illegally solicit or sell drugs.
(Sec. 90107) Authorizes the President, if a major violent crime or drug-related emergency (i.e., where violent crime or drug smuggling, trafficking, or abuse reaches such levels that Federal assistance is needed to supplement State and local efforts and capabilities to save lives and protect property, public health, and safety) exists in a State (including the District of Columbia and specified U.S. territories), to declare such State or part of a State to be a violent crime or drug emergency area and to take action to alleviate the emergency. Sets forth provisions regarding procedures and requirements for declaration of an emergency, irrelevancy of population density in determining whether an emergency exist, and forms and duration of Federal assistance.
Subtitle B: National Narcotics Leadership Act Amendments - Amends the National Narcotics Leadership Act of 1988 to require the Director of National Drug Control Policy to request the head of a department or agency to include in its budget submission to the Office of Management and Budget funding requests for specific initiatives. Directs each agency to comply with such request.
Requires the Director to provide, by July 1 of each year, budget recommendations to the heads of departments and agencies with responsibilities under the National Drug Control Program, which shall apply to the second following fiscal year and address funding priorities developed in the annual National Drug Control Strategy (Strategy).
Revises such Act with respect to the use of temporary detail personnel. Sets forth further provisions regarding the control of drug-related resources, funds control notices, and certification of the adequacy of the budget request.
(Sec. 90202) Prohibits a Federal officer in the Office of National Drug Control Policy (Office) who is appointed by the President, by and with the advice and consent of the Senate, from participating in Federal election campaign activities, except for making contributions to individual candidates.
(Sec. 90203) Requires the Director to include in each evaluation of the effectiveness of Federal drug control during the preceding year which is submitted with each Strategy, assessments of the reduction of drug use, drug availability, and the consequences of drug use and availability and a determination of the status of drug treatment in the United States. Sets forth additional requirements, including assessments of the quality of current drug use measurement instruments and techniques and identification of specific factors that restrict the availability of treatment services.
(Sec. 90204) Requires the Director of: (1) National Drug Control Policy to examine addiction and rehabilitation research and the application of technology to expanding the effectiveness or availability of drug treatment; and (2) the Advanced Research Project Agency to render assistance and support to the Office and its Director.
(Sec. 90205) Revises provisions regarding deposits into the Special Forfeiture Fund and transfers from DOJ's Assets Forfeiture Fund and the Department of the Treasury Forfeiture Fund.
Amends the Asset Forfeiture Amendments Act of 1988 to provide for the use of certain unobligated balances remaining in the Special Forfeiture Fund for drug control activities of any Federal agency or State or local entity with responsibilities under the Strategy, subject to advance written approval of the House and Senate Appropriations Committees.
(Sec. 90206) Authorizes appropriations.
(Sec. 90207) Authorizes the Director to appoint up to 75 and such additional officers and employees as necessary to carry out functions of the Office.
(Sec. 90208) Terminates the Office on September 30, 1997. Title X: Drunk Driving Provisions - Drunk Driving Child Protection Act of 1994 - Amends the Federal criminal code to provide supplementary prison terms and fine authorizations in cases where drunk driving endangers or injures a person under age 18.
(Sec. 100003) Amends the Omnibus ct to include, among permissible uses of funds under the drug control and system improvement grants program, programs for the prosecution of driving while intoxicated charges and the enforcement of other laws relating to alcohol use and the operation of motor vehicles.
Title XI: Firearms - Subtitle A: Assault Weapons - Public Safety and Recreational Firearms Use Protection Act - Amends the Federal criminal code to prohibit the manufacture, transfer, or possession of a semiautomatic assault weapon (SAW) as defined or listed under this Act. Sets penalties for violations and for use or possession of such a weapon during a crime of violence or drug trafficking crime. Requires the serial number of any such weapon manufactured after enactment of this Act to clearly show the date on which the weapon was manufactured.
Makes such provisions inapplicable to: (1) the transfer or possession of any SAW lawfully possessed on the date of this Act's enactment; (2) certain hunting and sporting firearms; (3) the United States, a State, or a political subdivision; (4) the transfer of a SAW by a licensed manufacturer, importer, or dealer to a government entity or to a law enforcement officer authorized to purchase firearms for official use; (5) the possession, by an individual who is retired from service with an LEA and not otherwise prohibited from receiving a firearm, of a SAW transferred to the individual by the agency upon such retirement; and (6) the manufacture, transfer, or possession of a firearm by a licensed manufacturer or importer for purposes of testing or experimentation authorized by the Secretary of the Treasury.
(Sec. 110103) Prohibits the transfer or possession of a large capacity ammunition feeding device, with exceptions. Treats such devices as firearms. Sets penalties for violations. Requires any such device manufactured after the date of this Act's enactment to be identified by a serial number that clearly shows that the device was manufactured or imported after the effective date of this Act.
(Sec. 110104) Directs the Attorney General to study and report to the Congress on the impact of this Act on violent and drug trafficking crime.
Itemizes firearms under various categories as an appendix to Federal firearms provisions.
Subtitle B: Youth Handgun Safety - Prohibits the possession of a handgun or ammunition by, or the private transfer of a handgun or ammunition to, a juvenile, with exceptions. Sets penalties for violations.
Directs the Attorney General to: (1) evaluate existing and proposed juvenile handgun legislation in each State; (2) develop model juvenile handgun legislation that is constitutional and enforceable; (3) disseminate to State authorities the findings of the evaluation; and (4) report to the Congress findings and recommendations concerning the need or appropriateness of further Federal action.
Subtitle C: Licensure - Amends the Federal criminal code and the Internal Revenue Code to require inclusion of a photograph and fingerprints in applications for licensure and registration, respectively, as an importer, manufacturer, or dealer of firearms.
(Sec. 110302) Amends the Federal criminal code to require: (1) applicants to make specified certifications regarding compliance with State and local law as a condition for licensure; and (2) the Secretary of the Treasury to approve or deny license applications within 60 (currently, 45) days.
(Sec. 110304) Authorizes the Secretary to inspect or examine the inventory and records of a licensed dealer without reasonable cause or warrant to ensure compliance with recordkeeping requirements at any time with respect to records relating to a firearm involved in a criminal investigation that is traced to the licensee.
(Sec. 110305) Requires: (1) each licensee to report to the Secretary and the appropriate local authorities the theft or loss of a firearm from the licensee's inventory or collection within 48 hours after the theft or loss is discovered; (2) each licensee to respond immediately to, and in no event later than 24 hours after, the receipt of a request by the Secretary for information contained in required records that may be required to determine the disposition of one or more firearms in the course of a bona fide criminal investigation; (3) the Secretary to implement a system whereby the licensee can positively identify and establish that an individual requesting information via telephone is employed and authorized by the agency to request such information; and (4) the Secretary to notify the chief law enforcement officer in the appropriate State and local jurisdictions of the names and addresses of all persons in the State to whom a firearms license is issued.
Subtitle D: Domestic Violence - Prohibits the sale or other disposal of firearms or ammunition to, or receipt of firearms or ammunition by, persons who have been convicted of offenses involving domestic abuse.
Subtitle E: Gun Crime Penalties - Directs the Sentencing Commission to amend its sentencing guidelines to enhance the penalty for: (1) use of a semiautomatic firearm during a crime of violence or a drug trafficking crime; (2) a second offense of using an explosive to commit a Federal felony; (3) use of a firearm in the commission of counterfeiting or forgery; and (4) firearms possession by violent felons and serious drug offenders.
(Sec. 110503) Prohibits and sets penalties for: (1) smuggling firearms in aid of drug trafficking; (2) theft of firearms and explosives; (3) the transfer of firearms to a nonresident of a State, except for lawful sporting purposes; (4) the distribution of explosives to a person who is legally disqualified from having the explosives; and (5) conspiracies to commit firearms and explosives crimes.
(Sec. 110505) Requires the revocation of supervised release and requires the defendant to serve in prison all or part of the term of such release authorized by statute for the offense that resulted in such term without credit for time previously served on post-release supervision if the court, pursuant to the applicable Federal Rules of Criminal Procedure, finds by a preponderance of the evidence that the defendant violated a condition of release, subject to specified limitations.
Provides for mandatory revocation for possession of a controlled substance or firearm in violation of a condition of such release or for refusal to comply with drug testing.
Sets forth provisions regarding: (1) supervised release following revocation; and (2) delayed revocation.
(Sec. 110506) Provides for mandatory revocation of probation for possession of a controlled substance or firearm in violation of a condition of such probation, or for refusal to comply with drug testing.
(Sec. 110507) Increases the penalty for: (1) knowingly making a false, material statement in connection with the acquisition of a firearm from a licensed dealer; and (2) interstate gun trafficking.
(Sec. 110508) Prohibits: (1) possession of explosives by felons and others; (2) transactions involving stolen firearms or ammunition which have moved in interstate or foreign commerce; and (3) the theft of firearms or explosives from a licensed dealer.
(Sec. 110509) Authorizes the summary destruction of explosives subject to forfeiture by the seizing officer under specified circumstances.
(Sec. 110519) Revises the definition of "armor piercing ammunition" to include a full jacketed projectile large than .22 caliber designed and intended for use in a handgun, the jacket of which has a weight of more than 25 percent of the total weight of the projectile.
Title XII: Terrorism - Amends the Federal criminal code to extend the statute of limitation to eight years for certain terrorist offenses, subject to specified limitations.
(Sec. 120002) Extends special maritime and territorial jurisdiction, to the extent permitted by international law, over any foreign vessel during a voyage having a scheduled departure from or arrival in the United States with respect to an offense committed by or against a U.S. national.
(Sec. 120003) Prohibits and sets penalties for: (1) counterfeiting U.S. currency abroad; and (2) providing material support to terrorists (and authorizes investigations under certain conditions), subject to specified requirements with respect to activities protected by the First Amendment.
(Sec 120004) Directs the Sentencing Commission to amend its sentencing guidelines to provide an appropriate enhancement for any felony, whether committed within or outside the United States, that involves or is intended to promote international terrorism, unless such involvement or intent is itself an element of the crime.
Title XIII: Criminal Aliens and Immigration Enforcement - Amends the INA to enhance penalties for failing to depart, or reentering, the United States after a final order of deportation.
(Sec. 130002) Directs the Attorney General to operate a criminal alien tracking center. Authorizes appropriations.
(Sec. 130003) Authorizes the Attorney General to grant a nonimmigrant visa to an alien (and, as appropriate, specified relatives of the alien) who possess critical information about a criminal organization whose presence in the United States is essential to the success of an investigation or prosecution of an individual involved in such organization, or who the Secretary of State and the Attorney General jointly determine is in possession of critical information concerning a terrorist organization, subject to specified requirements.
Directs the Attorney General to determine whether a ground for exclusion exists with respect to such a nonimmigrant. Authorizes the Attorney General to adjust the status of such alien and relative to permanent resident status under specified circumstances.
Provides for the deportation of an alien provided lawful permanent resident status who is convicted of a crime involving moral turpitude committed within ten years after the date of entry.
(Sec. 130004) Sets forth procedures for the expedited deportation of aliens convicted of aggravated felonies.
(Sec. 130005) Authorizes the Attorney General to provide for the expeditious adjudication of asylum claims and the expeditious deportation of asylum applicants whose applications have been finally denied, unless the applicant remains in an otherwise valid nonimmigrant status.
Specifies that an applicant is not entitled to employment authorization except as provided by regulation in the discretion of the Attorney General.
(Sec. 130006) Authorizes appropriations for the INS to increase the resources for the Border Patrol, the Inspections Program, and the Deportation Branch to apprehend illegal aliens who attempt clandestine entry into the United States or entry with fraudulent documents or who remain in the country after their nonimmigrant visas expire.
(Sec. 130007) Authorizes the Attorney General to: (1) expand a program authorized by the INA to ensure that aliens convicted of aggravated felonies or offenses which make them eligible for deportation are immediately deportable upon their release from incarceration; and (2) construct or contract for the construction of two INS Processing Centers to detain criminal aliens and provide for their detention and removal. Authorizes appropriations.
(Sec. 130008) Authorizes the Attorney General to accept and utilize gifts of property and services from State and local governments for the purpose of assisting the INS in the transportation of deportable aliens who are arrested for misdemeanor or felony crimes under State or Federal law and who are either unlawfully within the United States or willing to submit to voluntary departure under safeguards, subject to specified limitations.
(Sec. 130009) Amends the Federal criminal code to: (1) increase penalties for passport and visa offenses; and (2) set penalties for violating passport and visa provisions to facilitate a drug trafficking crime or an act of international terrorism.
(Sec. 130010) Expresses the sense of the Senate that: (1) asylum is a process intended to protect aliens in the United States who cannot safely return home; (2) persons outside their country who have a well-founded fear of persecution if they return should apply for refugee status at one of our refugee processing offices abroad; and (3) the immigration, refugee, and asylum laws should be reformed to provide for a streamlined affirmative asylum processing system for asylum applicants who make their application after they have entered the United States.
Title XIV: Youth Violence - Amends the Federal criminal code to provide for the prosecution as adults of juveniles age 13 or older for specified crimes of violence and crimes where the juvenile possessed a firearm during the offense. Makes an exception with respect to persons subject to the criminal jurisdiction of an Indian tribal government for any offense the Federal jurisdiction for which is predicated solely on, and which has occurred within the boundaries of, Indian country, unless the governing body of the tribe has elected that such provision have effect over land and persons subject to its criminal jurisdiction.
(Sec. 140002) Prohibits: (1)a juvenile from being transferred to adult prosecution, or a hearing from being held under provisions governing disposition after a finding of juvenile delinquency, until specified conditions are met; and (2) a juvenile committed to the custody of the Attorney General, whether pursuant to an adjudication of delinquency or conviction for an offense, from being placed or retained in an adult jail or correctional institution in which he or she has regular contact with adults convicted of a crime or awaiting trial on criminal charges.
(Sec. 140004) Amends the Omnibus Act to authorize grants for bindover systems for the prosecution of violent 16- and 17-year old juveniles in courts with jurisdiction over adults for the crimes of murder (first and second degree), attempted murder, armed robbery with a firearm, aggravated battery or assault with a firearm, criminal sexual penetration when armed with a firearm, and drive-by shooting.
(Sec. 140005) Requires the court, whenever a juvenile has been found guilty of committing an act after his 13th birthday which, if committed by an adult, would be a felony crime of violence or one of specified drug-related offenses, to transmit to the Federal Bureau of Investigation (FBI), Identification Division, information concerning the adjudications.
(Sec. 140006) Increases penalties under: (1) the Controlled Substances Act (CSA) for employing children to distribute drugs near school and playgrounds; and (2) the Federal criminal code for Travel Act crimes involving violence and conspiracy to commit contract killings.
(Sec. 140008) Directs the Sentencing Commission to promulgate guidelines, or amend existing guidelines, to provide that a defendant at least age 21 who has been convicted of an offense receive an appropriate sentence enhancement if the defendant involved a minor in the commission of the offense.
Title XV: Criminal Street Gangs - Amends the Federal criminal code to provide for an increase of up to ten years' imprisonment for the commission of a specified offense (i.e., a Federal felony involving a controlled substance for which the maximum penalty is not less than five years, a Federal felony crime of violence that has as an element the use or attempted use of physical force against another, or a conspiracy to commit such felonies) by a person who: (1) participates in a criminal street gang with knowledge that its members engage in or have engaged in a continuing series of such offenses; (2) intends to promote or further the felonious activities of the criminal street gang or maintain or increase position in the gang; and (3) has been convicted within the past five years of specified Federal or State drug or violent offenses or conspiracies.
(Sec. 150002) Provides for adult prosecution of serious juvenile offenders. Directs the court to consider the extent to which the juvenile played a leadership role in an organization, or otherwise influenced other persons to take part in criminal activities, involving the use or distribution of controlled substances or firearms. Specifies that such a factor, if found to exist, shall weigh in favor of a transfer to adult status, but the absence of such factor shall not preclude such a transfer.
(Sec. 150003) Amends the Omnibus Act to include among permissible uses of drug control and system improvement grants law enforcement and prevention programs relating to gangs, or to youth who are involved or at risk of involvement in gangs.
(Sec. 150004) Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to direct the Administrator of the Office of Juvenile Justice and Delinquency Prevention to develop and distribute to program participants specific model guidelines for the screening of prospective program mentors.
(Sec. 150005) Specifies that grants authorized in this Act to reduce or prevent juvenile drug and gang-related activity in "public housing" may be used for such purposes in Federally assisted, low-income housing.
(Sec. 150006) Requires: (1) the Attorney General (or the Attorney General's designee) to develop a national strategy to coordinate gang-related investigations by Federal LEAs; (2) the Director of the FBI to acquire information on incidents of gang violence for inclusion in an annual uniform crime report; and (3) the Attorney General to prepare and submit to the President and the Congress a report on national gang violence outlining the strategy. Authorizes appropriations.
(Sec. 150007) Amends the Omnibus Act to permit the use of drug control and system improvement grants for victims assistance programs and multijurisdictional gang task forces.
Title XVI: Child Pornography - Amends the Federal criminal code to set penalties for international trafficking in child pornography.
(Sec. 160002) Expresses the sense of the Congress that each State that has not yet done so should enact legislation prohibiting the production, distribution, receipt, or simple possession of materials depicting a person under age 18 engaging in sexually explicit conduct and providing for a maximum imprisonment of at least one year and the forfeiture of assets used in the commission or support of, or gained from, such offenses.
(Sec 160003) Declares: (1) the intent of the Congress in enacting specified provisions of the Federal criminal code regarding the definitions of "exhibition of the genitals or pubic area" and "sexually explicit conduct"; and (2) the sense of the Congress that DOJ, in filing its brief in United States v. Knox, did not accurately reflect congressional intent in arguing that the videotapes in that case constitute "lascivious exhibition of the genitals or pubic area" only if those body parts are visible in the tapes and the minors posed or acted lasciviously.
Title XVIII: Crimes Against Children - Subtitle A: Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act - Directs the Attorney General to establish guidelines for State programs that require a person who is: (1) convicted of a criminal offense against a minor or of a sexually violent offense to register a current address with a designated State LEA for a specified period; and (2) a sexually violent predator to register a current address with a designated State LEA.
Requires that a determination that a person is or is not a sexually violent predator be made by the sentencing court after receiving a report by a State board composed of experts in the field of the behavior and treatment of sexual offenders.
Sets forth registration requirements, including: (1) the duty of a State prison officer, when a person required to register is released from prison or placed on parole or supervised release (or, in the case of probation, the court) to inform the person of the duty to register and provide any new address to a designated State LEA within ten days, to obtain fingerprints and a photograph, and to obtain certain criminal history and treatment information and documentation; (2) the transfer of information to the State LEA, which shall immediately transmit the conviction data and fingerprints to the FBI; (3) verification; (4) notification of local LEAs of changes of address; (5) registration for change of address to another State; and (6) length of registration (for ten years after being released from prison, or placed on parole, supervised release, or probation and, with respect to sexually violent predators, until that person no longer suffers from a mental abnormality or personality disorder that would make the person likely to engage in a predatory sexually violent offense).
Establishes penalties for persons required to register who knowingly fail to register and keep such registration current.
Sets forth provisions regarding: (1) the release of information; (2) immunity for good faith conduct; and (3) compliance by States with provisions of this title and ineligibility for a percentage of funds provided under the Omnibus Act for States not in compliance.
Subtitle B: Assaults Against Children - Increases penalties for simple assault. Sets penalties for assault resulting in substantial bodily injury. Removes dollar limitations on various types of assaults. Includes assaults against individuals under age 16 committed in Indian country among offenses which are subject to the same law and penalties as all other persons committing such offenses within the exclusive jurisdiction of the United States.
Subtitle C: Missing and Exploited Children - Morgan P. Hardiman Task Force on Missing and Exploited Children Act - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to establish a Missing and Exploited Children's Task Force to make available the combined resources and expertise of the FBI, Secret Service, Bureau of Alcohol, Tobacco, and Firearms (BATF), U.S. Customs, Postal Inspection, and Marshals Services, and the Drug Enforcement Administration (DEA) to assist State and local governments in the most difficult missing and exploited child cases nationwide, as identified by the chief of the Task Force periodically, and as many additional cases as resources permit.
Title XVIII: Rural Crime - Subtitle A: Drug Trafficking in Rural Areas - Amends the Omnibus Act to authorize appropriations, and increase the base allocation, for rural drug enforcement assistance.
(Sec. 180102) Authorizes the Attorney General to establish a Rural Drug Enforcement Task Force in each of the Federal judicial districts which encompass significant rural lands. Specifies that assets seized as a result of investigations initiated by such a task force and forfeited under Federal law shall be used, consistent with the guidelines on equitable sharing established by the Attorney General and the Secretary of the Treasury, primarily to enhance the operations of the task force and its participating State and local LEAs.
(Sec. 180103) 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 and the hiring of additional DEA agents.
Subtitle B: Drug Free Truck Stops and Safety Rest Areas - Drug Free Truck Stop Act - Amends the CSA to enhance penalties for drug distribution at or near truck stops and safety rest areas. Directs the Sentencing Commission to promulgate guidelines, or amend existing guidelines, to provide an appropriate enhancement of punishment for a defendant convicted of engaging in such activity.
Subtitle C: Sense of Congress Regarding Funding for Rural Areas - Expresses the sense of the Congress that: (1) the Attorney General should ensure that funding for programs authorized pursuant to this Act is distributed in such a manner that rural areas continue to receive comparable support for their broad-based crime fighting initiatives; (2) rural communities should not receive less funding than they received in FY 1994 for anti-crime initiatives as a result of any legislative or administrative actions; and (3) funding for the Edward Byrne Memorial State and Local Law Enforcement Assistance Program should be maintained at its FY 1994 level.
Title XIX: Federal Law Enforcement - Authorizes additional appropriations for: (1) the Federal judiciary; (2) DOJ; (3) the FBI; (4) U.S. Attorneys; and (5) BATF, the Customs Service, the Financial Crimes Enforcement Network, the Federal Law Enforcement Training Center, the Criminal Investigation Division of the Internal Revenue Service, and the Secret Service.
Title XX: Police Corps and Law Enforcement Officers Training and Education - Subtitle A: Police Corps - Police Corps Act - Establishes in DOJ an Office of the Police Corps and Law Enforcement Education.
(Sec. 200105) Sets forth provisions regarding the designation of a lead agency and submission of a State plan.
(Sec. 200106) Authorizes the Director of the Office to award colledge and graduate school scholarships (of up to $30,000 per student) in exchange for four years of work with a State or local police force upon graduation. Requires participants who do not follow through on their commitment to pay back all the scholarship money plus ten percent interest.
(Sec. 200107) Directs that participants in State Police Corps programs be selected on a competitive basis by each State under regulations prescribed by the Director. Sets forth provisions regarding selection criteria and qualifications, minority recruitment, enrollment and admission of applicants, and leaves of absence.
(Sec. 200108) Requires the Director to establish programs of training for Police Corps participants, which may be carried out at up to three training centers established for such purpose and administered by the Director, or by contracting with existing State training facilities. Sets forth further provisions regarding training, participant evaluation, and stipends during training.
(Sec. 200109) Sets forth provisions regarding: (1) swearing in, discipline, and layoffs; (2) State plan requirements; and (3) assistance to States and localities employing Police Corps officers.
(Sec. 200112) Authorizes appropriations.
Subtitle B: Law Enforcement Scholarship Program - Law Enforcement Scholarships and Recruitment Act - Requires the Director to provide scholarships for in-service law enforcement personnel who seek further education, allotting 80 percent of funds based on the relative number of law enforcement officers per State and 20 percent based on the relative shortage of officers. Provides grants for summer jobs or part-time jobs during the year for high school students interested in law enforcement careers. Authorizes appropriations.
Title XXI: State and Local Law Enforcement - Subtitle A: Byrne Program - Authorizes appropriations to carry out drug control and system improvement grant programs under the Omnibus Act.
Subtitle B: Law Enforcement Family Support - Amends the Omnibus Act to: (1) require the Attorney General to establish and oversee the implementation of family-friendly policies in law enforcement divisions of DOJ, to identify model programs that provide support to law enforcement families, and to provide technical assistance for stress reduction and family support efforts by State and local LEAs; and (2) authorize the Attorney General to make grants to States and local LEAs and organizations representing State or local law enforcement personnel to provide family support services to law enforcement personnel. Authorizes appropriations.
Subtitle C: DNA Identification - DNA Identification Act of 1994 - Amends the Omnibus Act to authorize the use of drug control and system improvement grants to develop or improve in a forensic laboratory a capability to analyze deoxyribonucleic acid (DNA) for specified identification purposes. Sets forth provisions regarding: (1) restrictions on the use of funds; and (2) reporting and recordkeeping (including access to records) requirements. Authorizes appropriations.
(Sec. 210303) Requires the Director of: (1) the FBI to appoint an advisory board on DNA quality assurance methods from among nominations proposed by the head of the National Academy of Sciences and professional societies of crime laboratory officials and issue standards for quality assurance; and (2) the National Institute of Justice (NIJ) to make specified certifications to the House and Senate Judiciary Committees regarding the establishment of a proficiency testing program for DNA analyses.
(Sec 210304) Authorizes the Director of the FBI to establish an index of DNA identification records of persons convicted of crimes, and analyses of DNA samples recovered from crime scenes and from unidentified human remains.
(Sec. 210305) Set forth proficiency testing and privacy protection requirements and penalties for violations.
(Sec. 210306) Authorizes appropriations.
Subtitle D: Police Pattern or Practice - Prohibits any governmental authority, or any agent or person acting on behalf of such authority, from engaging in a pattern or practice of conduct by law enforcement officers that deprives persons of their constitutional or Federal rights. Authorizes the Attorney General to bring a civil action against such officers to eliminate such practices.
(Sec. 210402) Directs the Attorney General to acquire data about the use of excessive force by law enforcement officers and to publish an annual summary of such data.
Subtitle E: Improved Training and Technical Automation - Directs the Attorney General to: (1) make grants to State, Indian tribal, and local criminal justice agencies and to nonprofit organizations for purposes of improving criminal justice agency efficiency through computerized automation and technological improvements; (2) expand and improve investigative and managerial training courses for State, Indian tribal, and local LEAs; and (3) develop and implement, on a pilot basis with no more than ten participating cities, an intelligent information system that gathers, integrates, organizes, and analyzes information in active support of investigations by Federal, State, and local LEAs of violent serial crimes. Authorizes appropriations.
Subtitle F: Other State and Local Aid - Reauthorizes Office of Justice programs under the Omnibus Act.
(Sec. 210602) Directs the Attorney General to make grants for States and units of local government to pay the costs of providing increased resources for courts, prosecutors, public defenders, and other criminal justice participants as necessary to meet the increased demands for judicial activities resulting from enactment of this Act. Requires grant recipients to keep records. Authorizes appropriations.
(Sec. 210603) Makes sums in the Violent Crime Reduction Trust Fund available to fund activities authorized by the Brady Handgun Violence Prevention Act and the National Child Protection Act of 1993.
Title XXII: Motor Vehicle Theft Prevention - Motor Vehicle Theft Prevention Act - Directs the Attorney General to develop a national voluntary motor vehicle theft prevention program which would involve placing identifiable decals on the vehicles of consenting owners, whereby such vehicles could then be stopped by law enforcement officers upon a reasonable suspicion that the vehicles were not being operated by or with the consent of their owners. Authorizes appropriations.
(Sec. 220003) Prohibits, and sets penalties for, tampering with the decals.
Title XXIII: Victims of Crime - Subtitle A: Victims of Crime - Directs that the proposed amendments to the Federal Rules of Criminal Procedure which are embraced by an order entered by the Supreme Court on April 29, 1994, take effect on December 1, 1994, with the following amendments.
Amends Rule 32 to give victims of violent crimes and sexual abuse the right to address the court concerning the sentence to be imposed on convicted offenders. Permits such right to be exercised by a parent or guardian if the victim is under 18, or by one or more family members if the victim is deceased or incapacitated.
(Sec. 230102) Expresses the sense of the Senate that: (1) law should provide for a victim's right of allocation at a sentencing hearing and at any parole hearing if the offender has been convicted of a crime of violence or sexual abuse; (2) such a victim should have an opportunity equivalent to that accorded to the offender's counsel to address the sentencing court or parole board and to present information in relation to that sentence imposed or to the early release of the offender; and (3) if the victim is unable or chooses not to testify at a sentencing or parole hearing, the victim's parents, legal guardian, or family members should have the right to address the court or board.
Subtitle B: Crime Victims' Fund - Amends the Victims of Crime Act of 1984 to provide: (1) for the allocation of funds for costs and grants; and (2) that an eligible crime victim compensation program shall not pay compensation to cover costs that another Federal or federally financed State or local program would otherwise pay.
(Sec. 230203) Allows up to five percent of a victim compensation or assistance program grant to be used for administrative costs.
(Sec. 230206) Requires grantees to certify that no grant funds will be used to supplant State and local funds, but rather will supplement those otherwise available funds.
Title XXIV: Protections for the Elderly - Directs the Attorney General, subject to the availability of appropriations, to award a grant to an eligible organization to assist in paying for the costs of planning, designing, establishing, and operating a Missing Alzheimer's Disease Patient Alert Program, to protect and locate missing patients with Alzheimer's disease and related dementias. Authorizes appropriations.
(Sec. 240002) Directs the Sentencing Commission to ensure that the applicable guideline range for a defendant convicted of a crime of violence against an elderly victim is sufficiently stringent to deter such crimes, protect the public from additional crimes of such a defendant, and provide enhanced penalties under specified criteria.
Title XXV: Senior Citizens Against Marketing Scams - Senior Citizens Against Marketing Scams Act of 1994 - Amends the Federal criminal code to provide for enhanced penalties for telemarketing fraud that targets or victimizes persons over age 55. Directs the court to order offenders to pay restitution to persons who sustained losses as a result of the fraudulent activity.
Requires the restitution order to direct that: (1) the defendant pay to the victim (through the appropriate court mechanism) the full amount of the victim's losses as determined by the court; and (2) the U.S. Attorney enforce such order by all available and reasonable means. Permits a victim named in the order to enforce such order in the same manner as a judgment in a civil action.
Sets forth provisions regarding: (1) circumstances in which there is more than one offender or more than one victim; (2) payment schedules; (3) setoffs; (4) the effect on other sources of compensation; (4) conditions of probation or supervised release; (5) proof of claim; (6) modification of orders; and (7) reference of issues arising in connection with a proposed restitution order to a magistrate or special master.
(Sec. 250003) Directs the Sentencing Commission to review and, if necessary, amend the sentencing guidelines to ensure that victim related adjustments for fraud offenses against persons over age 55 are adequate.
(Sec. 250004) Authorizes the Attorney General to make awards for furnishing information leading to the prosecution and conviction of telemarketing fraud offenders.
(Sec. 250005) Authorizes appropriations.
(Sec. 250006) Makes the mail fraud statute applicable to matter sent or delivered by any private or commercial interstate carrier.
(Sec. 250007) Sets forth provisions regarding fraud and related activity in connection with access devices.
(Sec. 250008) Directs the Attorney General, subject to the availability of appropriations, to establish a national toll-free telemarketing fraud hotline.
Title XXVI: Commission Membership and Appointment - Revises provisions regarding the National Commission to Support Law Enforcement, including increasing the number of members and making specified activities reimbursable.
Directs the Comptroller General to: (1) serve in an advisory capacity; and (2) oversee the methodology and approve of the Commission study.
Title XXVII: Presidential Summit on Violence and National Commission on Crime Prevention and Control - Establishes a National Commission on Crime Control and Prevention. Calls on the President to convene a national summit on violence in America prior to convening the Commission.
(Sec. 270003) Sets forth provisions regarding: (1) the purposes and responsibilities of the Commission; (2) administrative matters; (3) staff and support services; (4) powers; (5) reporting requirements; and (6) termination.
(Sec. 270009) Authorizes appropriations.
Title XXVIII: Sentencing Provisions - 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 Sentencing Commission.
(Sec. 280003) Directs the Sentencing Commission to provide sentencing enhancements for hate crimes.
(Sec. 280004) Authorizes the sentencing of a defendant who has been found guilty of an offense to a term of probation unless the offense is a Class A or Class B felony and the defendant is an individual, the offense is an offense for which probation has been expressly precluded, or the defendant is sentenced at the same time to term of imprisonment for the same or a different offense (current law) that is not a petty offense.
(Sec. 280005) Directs the President to designate three Vice Chairs of the Sentencing Commission.
(Sec 280006) Requires the Sentencing Commission to report to the Congress on issues relating to sentences applicable to offenses involving the possession or distribution of all forms of cocaine.
Title XXIX: Computer Crime - Computer Abuse Amendments Act of 1994 - Amends the Computer Fraud and Abuse Act to make it a felony to knowingly transmit an unauthorized program, code, or command with intent to damage a computer system or information contained within a 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 it a misdemeanor to recklessly transmit a destructive computer program, code, or command. Creates a civil cause of action for persons suffering damage or loss by virtue of a violation of this Act. 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.
Title XXX: Protection of Privacy of Information in State Motor Vehicle Records - Driver's Privacy Protection Act of 1994 - Prohibits the release or use by any State motor vehicle department (or any officer, employee, or contractor thereof) of personal information about an individual obtained by the department in connection with a motor vehicle record, with exceptions. Sets penalties for violations. Makes violators liable in a civil action to the individual to whom the released information pertains.
Title XXXI: Violent Crime Reduction Trust Fund - Establishes as a separate account in the Treasury a Violent Crime Reduction Trust Fund. Sets forth provisions regarding transfers into the Fund, reporting requirements, allocation of amounts in the Fund, and sequestration (to eliminate any budgetary excess in the Fund after the Congress adjourns to end a session).
(Sec. 310002) Makes a conforming reduction in discretionary spending limits.
(Sec. 310003) Extends the authorization of appropriations for fiscal years for which the full amount authorized is not appropriated.
(Sec. 310004) Sets forth provisions regarding the making of appropriations for Federal law enforcement, State and local law enforcement, and prevention.
Title XXXII: Miscellaneous - Subtitle A: Increases in Penalties - Increases penalties for assault: (1) of Federal officers, foreign officials, and official guests and internationally protected persons; (2) within a maritime and territorial jurisdiction; and (3) of the President, presidential staff, congressional leaders, cabinet officials, and Supreme Court justices.
(Sec. 320102) Increases the maximum penalties for voluntary and involuntary manslaughter.
(Sec. 320103) Broadens the scope and increases the penalties for conspiracies to deprive persons of their civil rights.
(Sec. 320104) Increases penalties for: (1) trafficking in counterfeit goods and services; (2) conspiracy to commit murder for hire; (3) arson; and (4) drug trafficking near public housing.
(Sec. 320108) Authorizes the Attorney General to convene a law enforcement task force in Hawaii to facilitate the prosecution of violations of Federal laws, and laws of the State of Hawaii, relating to the wrongful conveyance, sale, or introduction of nonindigenous plant and animal species. Sets penalties for knowing mailing nonmailable injurious animals, plant pests, plants, and illegally taken fish, wildlife, and plants.
(Sec. 320109) Repeals the $250 limit on fines for the unauthorized wearing, manufacturing, or selling of military medals or decorations. Establishes penalties for such activities which involve a Congressional Medal of Honor.
Subtitle B: Extension of Protection of Civil Rights Statutes - Extends the protection of the criminal civil rights statute to any person in a State. (Currently, the statute only covers State "inhabitants.")
Subtitle C: Audit and Report - Directs the Attorney General to: (1) require State and local LEAs to annually audit and detail the uses and expenses to which forfeiture funds were dedicated and the amount used for each use or expense; and (2) report to the Congress on the administrative and contracting expenses paid from the DOJ Assets Forfeiture Fund.
Subtitle D: Coordination - Requires the Attorney General to consult with the Secretary of HHS in establishing and carrying out the substance abuse treatment and prevention components of the programs authorized under this Act in order to assure coordination of programs, eliminate duplication of efforts, and enhance the effectiveness of such services.
Subtitle E: Gambling - Specifies that the term "gambling ship, "for purpose of the prohibition under the Federal criminal code against such ships in international waters, does not include a vessel with gambling aboard beyond U.S. territorial waters during a covered voyage (as defined in the Internal Revenue Code as in effect on January 1, 1994).
Subtitle F: White Collar Crime Amendments - Establishes penalties for knowingly receiving the proceeds of: (1) extortion; (2) a kidnapping; and (3) a postal robbery.
(Sec. 320603) Sets penalties for insurance industry crimes, including embezzling from insurance companies, making false entries in insurance company books with intent to deceive, corruptly influencing or obstructing proceedings before State insurance regulatory agencies or insurance examiners, tampering with insurance regulatory proceedings, and obstruction of a criminal investigation by insurance industry officials or employees. Prohibits persons convicted of criminal felonies involving dishonesty or breach of trust from engaging in the insurance business without the written consent of an insurance regulatory official authorized to regulate the insurer.
(Sec. 320605) Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to disqualify certain persons with criminal records from participating in the affairs of insured depository institutions and credit unions.
(Sec. 320607) Sets forth provisions regarding: (1) the addition of specified predicate offenses to the financial institutions rewards statute; (2) the definition of "savings and loan association" for purposes of bank robbery and related offenses; and (3) the definition of "one year period" for purposes of the offense of obstructing a Federal audit.
Subtitle G: Safer Streets and Neighborhoods - Safer Streets and Neighborhoods Act of 1994 - Amends the Omnibus Act to authorize the Director of the Bureau of Justice Assistance to make grants to, or enter into contracts with, non-Federal public or private agencies, institutions, or organizations to carry out specified purposes of such Act, effective October 1, 1994.
Subtitle H: Recreational Hunting Safety - Recreational Hunting Safety and Preservation Act of 1994- Prohibits engaging in any physical conduct that significantly hinders a lawful hunt. Sets penalties for violations.
Sets forth provisions regarding: (1) the relationship to other penalties; (2) enforcement procedures; and (3) use of penalty money collected.
(Sec. 320804) Permits injunctive relief to be sought by the head of a State agency with jurisdiction over fish or wildlife management, the Attorney General, or any person who is or would be adversely affected by the violation.
Subtitle I: Other Provisions - Amends the Federal criminal code to prohibit: (1) the disclosure of information obtained through wiretapping or electronic surveillance with intent to obstruct a criminal investigation; (2) the theft of major art works from museums; (3) attempted robbery, kidnaping, smuggling, and property damage offenses; (4) transmitting in interstate or foreign commerce information to be used for the purpose of procuring a lottery ticket, subject to specified requirements and exceptions; and (5) misuse of the words "Drug Enforcement Administration" or the initials "DEA."
(Sec. 32094) Males certain findings and declarations regarding gun violence in schools.
(Sec. 320906) Expresses the sense of the: (1) Congress regarding violence against truckers and determinations concerning child custody and visitation rights (calls for consideration by the courts of any history of drunk driving); and (2) Senate regarding a study of out-of-wedlock births, the role of the United Nations in international organized crime control, and Law Day, U.S.A.
(Sec. 320909) Authorizes the venue for espionage and related offenses to be in the District of Columbia or in any other district authorized by law.
(Sec. 320910) Provides that wherever it is an element of an offense that the defendant knew that the property was stolen or counterfeited, 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.
(Sec. 3220913) Amends the Federal judicial code to make sums in the DOJ Assets Forfeiture Fund available for the payment of State and local property taxes on forfeited real property.
(Sec. 320915) Expresses the sense of the Senate that law enforcement personnel should not be reduced. Calls upon the President to exempt Federal law enforcement positions from executive orders and memoranda mandating reductions in the Federal workforce.
(Sec. 320916) Amends the Federal judicial code to grant the Attorney General and Director of the FBI authority to investigate violent crimes against travelers under specified circumstances. Requires such officials and, when appropriate, the Secretary of State, in a case in which a traveler who is a victim is from a foreign nation, to assist the prosecuting and law enforcement officials of a State or political subdivision to the fullest extent possible in securing from abroad such evidence or other information as may be needed for the effective investigation and prosecution of the crime.
(Sec. 320917) Amends the Federal criminal code to: (1) extend the statute of limitations for arson; and (2) require that first time domestic violence offenders, if not sentenced to a term of imprisonment, be sentenced to probation, a condition of which is to be attend a court-approved rehabilitation program (requires the court to order as an explicit condition of supervised release that the defendant attend) if an approved program is readily available within a 50-mile radius of the defendant's legal residence.
(Sec. 320922) Requires the flag to be flown at half-staff on Peace Officers Memorial Day.
(Sec. 320924) Defines "parent" for purposes of the offense of kidnaping to exclude a person whose parental rights with respect to the victim of such offense have been terminated by a final court order.
(Sec. 320926) Amends the Hate Crime Statistics Act to require the Attorney General to acquire data about crimes that manifest evidence of prejudice based on disability.
(Sec. 320927) Amends the Federal criminal code to exempt from the background check requirement (pursuant to the Brady Handgun Violence Prevention Act) the return of a handgun to the person from whom it was received.
(Sec. 320928) Revises the National Child Protection Act of 1993 to authorize a State to have in effect procedures that require qualified entities designated by the State to contact an authorized State agency to request a nationwide background check for the purpose of determining whether a provider has been convicted of a crime that bears upon the provider's fitness to have responsibility for the safety and well-being of children, the elderly, or individuals with disabilities. Substitutes "care" for "child care" in specified provisions of that Act and defines it to include the provision of care or treatment to children, the elderly, or individuals with disabilities.
Sets forth provisions regarding: (1) information required to be reported; (2) defrayment of costs to volunteers of conducting background checks; (3) fees; (4) costs of the FBI; (5) report and implementation deadlines; and (6) the definitions of "identifiable child abuse crime case" and "individuals with disabilities."
Directs the Attorney General to develop guidelines for the adoption of appropriate safeguards by care providers and by States for protecting children, the elderly, or individuals with disabilities from abuse.
(Sec. 320929) Amends the Tennessee Valley Authority Act of 1933 to authorize the board of directors to designate employees of the corporation to act as law enforcement agents to maintain law and order and protect persons and property in the corporation's area of jurisdiction and to protect property, officials, and employees of the corporation outside that area. Requires the board to adopt qualification and training standards for such agents.
(Sec. 320932) Requires each assistant U.S. attorney to reside in, or within 25 miles of, the district for which he or she is appointed.
(Sec. 320933) Provides that any label introducing, selling, or advertising a product as "Made in the U.S.A." or the equivalent thereof, in order to represent that such product was in whole or substantial part of domestic origin, must be consistent with decisions and orders of the Federal Trade Commission (FTC) issued pursuant to the Federal Trade Commission Act (FTCA).
(Sec. 320934) Amends the Bankruptcy code to provide for the non-discharge ability of payment of a restitution order.
(Sec. 320935) Amends the FRE to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases.
Title XXXIII: Technical Corrections - Makes technical corrections to various criminal law provisions.
(Sec. 330025) Amends the Victims of Crime Act of 1984 to provide that an eligible crime victim compensation program is an eligible program under the Act if it is operated by a State and offers compensation to victims and survivors of victims of criminal violence for medical expenses attributable to a physical injury (including for mental health counseling and care), loss of wages attributable to a physical injury, and funeral expenses attributable to a death, resulting from a compensable crime.