S.1607 - Violent Crime Control and Law Enforcement Act of 1993103rd Congress (1993-1994)
|Sponsor:||Sen. Biden, Joseph R., Jr. [D-DE] (Introduced 11/01/1993)|
|Latest Action:||11/19/1993 Indefinitely postponed by Senate by Unanimous Consent. (consideration: CR S16302) (All Actions)|
|Roll Call Votes:||There have been 21 roll call votes|
This bill has the status Introduced
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Summary: S.1607 — 103rd Congress (1993-1994)All Bill Information (Except Text)
Indefinitely postponed in Senate (11/19/1993)
TABLE OF CONTENTS:
Title I: Public Safety and Policing
Title II: Death Penalty
Title III: Firearms
Subtitle A: Restraining Orders
Subtitle B: Licensure
Title IV: Gun Crime Penalties
Title V: Obstruction of Justice
Title VI: Gangs, Juveniles, Drugs, and Prosecutors
Subtitle A: Criminal Youth Gangs
Subtitle B: Gang Prosecution
Subtitle C: Grants Under the Juvenile Justice and
Delinquency Prevention Act of 1974
Subtitle D: Bindover System for Certain Violent
Subtitle E: Federal Prosecutions
Subtitle F: Youth Handgun Safety
Title VII: Terrorism
Subtitle A: Maritime Navigation and Fixed Platforms
Subtitle B: General Provisions
Title VIII: Sexual Violence and Abuse of Children, the
Elderly, and Individuals with Disabilities
Subtitle A: Sexual Abuse
Subtitle B: Protection of Children, the Elderly,
and Individuals with Disabilities
Subtitle C: Crimes Against Children
Title IX: Crime Victims
Subtitle A: Victims' Rights
Subtitle B: Crime Victims' Fund
Subtitle C: Senior Citizens
Title X: State and Local Law Enforcement
Subtitle A: DNA Identification
Subtitle B: Department of Justice Community Substance
Subtitle C: Racial and Ethnic Bias Study Grants
Subtitle D: Improved Training and Technical Automation
Title XI: Provisions Relating to Police Officers
Subtitle A: Law Enforcement Family Support
Subtitle B: Police Pattern or Practice
Subtitle C: Police Corps and Law Enforcement Officers
Training and Education
Title XII: Drug Court Programs
Title XIII: Prisons
Subtitle A: Federal Prisons
Subtitle B: State Prisons
Subtitle C: Grants Under the Juvenile Justice and
Delinquency Prevention Act of 1974
Subtitle D: Regional Prisons and State Prisons
Subtitle E: Violent Crime Reduction Trust Fund
Title XIV: Rural Crime
Subtitle A: Drug Trafficking in Rural Areas
Subtitle B: Drug Free Truck Stops and Safety Rest Areas
Subtitle C: Rural Domestic Violence and Child Abuse
Title XV: Drug Control
Subtitle A: Increased Penalties
Subtitle B: Precursor Chemicals Act
Subtitle C: General Provisions
Title XVI: Drunk Driving Provisions
Title XVII: Commissions
Subtitle A: Commission on Crime and Violence
Subtitle B: National Commission to Study the Causes of
the Demand for Drugs in the United States
Subtitle C: National Commission to Support Law
Subtitle D: Presidential Summit on Violence
Subtitle E: Commission on Violence in Schools
Title XVIII: Bail Posting Reporting
Title XIX: Motor Vehicle Theft Prevention
Title XX: Protections for the Elderly
Title XXI: Consumer Protection
Title XXII: Financial Institution Fraud Prosecutions
Title XXIII: Savings and Loan Prosecution Task Force
Title XXIV: Sentencing Provisions
Title XXV: Sentencing and Magistrates Amendments
Title XXVI: Computer Crime
Title XXVII: International Parental Kidnapping
Title XXVIII: Safe Schools
Title XXIX: Miscellaneous
Subtitle A: Increases in Penalties
Subtitle B: Extension of Protection of Civil Rights
Subtitle C: Audit and Report
Subtitle D: Gambling
Subtitle E: White Collar Crime Amendments
Subtitle F: Safer Streets and Neighborhoods
Subtitle G: Other Provisions
Title XXX: Technical Corrections
Title XXXI: Driver's Privacy Protection Act
Title XXXII: Violence Against Women; Safe Streets for Women
Subtitle A: Federal Penalties for Sex Crimes
Subtitle B: Law Enforcement and Prosecution Grants to
Reduce Violent Crimes Against Women
Subtitle C: Safety for Women in Public Transit and
Subtitle D: Justice Department Task Force on Violence
Subtitle E: New Evidentiary Rules
Subtitle F: Assistance to Victims of Sexual Assault
Title XXXIII: Safe Homes for Women
Subtitle A: Family Violence Prevention and Services Act
Subtitle B: Interstate Enforcement
Subtitle C: Arrest in Spousal Abuse Cases
Subtitle D: Domestic Violence, Family Support,
and Shelter Grants
Subtitle E: Family Violence Prevention and Services Act
Subtitle F: Youth Education and Domestic Violence
Subtitle G: Confidentiality for Abused Persons
Subtitle H: Technical Amendments
Subtitle I: Data and Research
Title XXXIV: Civil Rights
Title XXXV: Safe Campuses for Women
Title XXXVI: Equal Justice for Women in the Courts Act
Subtitle A: Education and Training for Judges and Court
Personnel in State Courts
Subtitle B: Education and Training for Judges and Court
Personnel in Federal Courts
Title XXXVII: Violence Against Women Act Improvements
Title XXXVIII: Enhanced Penalties for Anti-Fraud Enforcement
Subtitle A: Amendments to Criminal Law
Subtitle B: Amendments to Civil False Claims Act
Title XXXIX: Senior Citizens Against Marketing Scams
Title XL: Child Safety
Title XLI: Family Unity Demonstration Project
Subtitle A: Family Unity Demonstration Project
Subtitle B: Grants to States
Subtitle C: Family Unity Demonstration Project for
Title XLII: Domestic Violence
Title XLIII: Missing and Exploited Children
Title XLIV: Public Corruption
Title XLV: Semiautomatic Assault Weapons
Title XLVI: Recreational Hunting Safety
Title XLVII: Correctional Job Training and Placement
Title XLVIII: Police Partnerships for Children
Title XLVIX: National Community Economic Partnership
Subtitle A: Community Economic Partnership Investment
Subtitle B: Emerging Community Development Corporations
Subtitle C: Miscellaneous Provisions
Title L: Deportation of Aliens Convicted of Crimes
Title LI: General Provisions
Violent Crime Control and Law Enforcement Act of 1993 - Title I: Public Safety and Policing - Public Safety Partnership and Community Policing Act of 1993 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to authorize the Attorney General to make grants and provide technical assistance to units of State and local government, and to other public and private entities, to increase police presence (including the rehiring of law enforcement officers laid off as a result of State and local budget reductions, as well as the hiring of new, additional career law enforcement officers, for deployment in community-oriented policing), expand and improve cooperative efforts between law enforcement agencies (LEAs) and members of the community, and otherwise enhance public safety. Sets forth matching fund, application, and related requirements. Authorizes the use of grants to hire former members of the armed services 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, and for a citizens policy academy. Makes funds available for grants to Indian tribes or tribal LEAs. Establishes an Ounce of Prevention Fund to support the healthy development and nurturance of children and youth in order to promote successful transition into adulthood and for preventing violent crime through substance abuse treatment and prevention. Authorizes appropriations.
Title II: Death Penalty - Federal Death Penalty Act of 1993 - Amends the Federal criminal code to provide for imposition of the death penalty for various offenses, including: (1) murder by a Federal prisoner; (2) civil rights murders; (3) drive-by shootings and carjackings resulting in death; (4) foreign murder of U.S. nationals; (5) rape and child molestation murders; (6) gun murders during Federal crimes of violence and drug trafficking crimes; (7) murder in the course of alien smuggling; and (8) specified drug-related offenses.
(Sec. 202) Sets forth procedures for the imposition, implementation, and review of such sentence. Lists mitigating factors (such as impaired capacity, duress, minor participation, and victim's consent) and aggravating factors (such as involvement of a firearm or previous conviction of a violent felony involving a firearm, previous conviction of other serious offenses, vulnerability of victim, and continuing criminal enterprise involving drug sales to minors), as well as aggravating factors for drug offense death penalty (including previous conviction of other serious offenses, distribution near schools, using minors in trafficking, and involving a lethal adulterant if the defendant was aware of the presence of the adulterant). Requires a special hearing to determine whether a death sentence is justified. Directs the court to instruct the jury not to consider the race, color, religious beliefs, national origin, or sex of the defendant or of any victim. Prohibits: (1) the execution of a woman while she is pregnant and of a person who is mentally retarded; and (2) the court of appeals from reversing or vacating a death sentence on account of any error which can be harmless, including any erroneous special finding of an aggravating factor, where the Government establishes beyond a reasonable doubt that the error was harmless.
Title III: Firearms - Subtitle A: Restraining Orders - Amends the Federal criminal code to prohibit the sale or other disposition of any firearm or ammunition to any person subject to a court order restraining such person from harassing, stalking, threatening, or engaging in other conduct that would place another in fear of bodily injury and whom the court finds to represent a credible threat to the physical safety of that other individual. Prohibits such person from shipping or transporting in interstate or foreign commerce, possessing in or affecting commerce, or receiving from transportation in such commerce, any firearm or ammunition. Authorizes the Secretary of the Treasury to establish regulations providing for effective receipt and secure storage of firearms relinquished by or seized from such persons. Provides for the return of seized or relinquished firearms or ammunition upon the lapse of or court termination of such a restraining order, subject to specified conditions.
Subtitle B: 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 (dealer).
(Sec. 312) 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; (2) the Secretary to approve or deny license applications within 60 (currently, 45) days; (3) 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; (4) 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 the records required to be kept as may be required to determine the disposition of one or more firearms in the course of a bona fide criminal investigation (and requires 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 (5) 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.
(Sec. 314) 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.
Title IV: Gun Crime Penalties - Directs the U.S. 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. 403) 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) conspiracies to commit firearms and explosives crimes; and (5) the distribution of explosives to a person who is legally disqualified from having the explosives.
(Sec. 405) Mandates the revocation of: (1) supervised release and the institution of a prison term for a defendant who possesses a controlled substance or firearm in violation of a condition of such release, or who refuses to cooperate with drug testing; and (2) probation for possession of a controlled substance or firearms in violation of a condition of probation, or who refuses to cooperate with drug testing.
(Sec. 407) Increases the penalty for: (1) knowingly making a false, material statement in connection with the acquisition of a firearms from a licensed dealer; and (2) interstate gun trafficking.
(Sec. 416) Directs the Secretary to conduct a study of the incendiary ammunition sold or known as "Dragon's Breath" or "Three Second Flame Thrower" and all incendiary ammunition of similar function or effect, to determine whether there is a reasonable sporting, and law enforcement, use for such ammunition.
Title V: Obstruction of Justice - Increases the penalties for threats and intimidation of jurors and court officers, obstruction of justice, and attempted retaliatory killings of witnesses, victims, and informants.
(Sec. 501) Provides the death penalty for: (1) the murder of jurors and court officers; (2) retaliatory killings of witnesses, victims, and informants; (3) the murder of State officials working with Federal law enforcement officials in connection with Federal criminal investigations; and (4) the murder of Federal witnesses.
(Sec. 503) Creates an exception to current law requiring that persons charged with capital offenses be furnished with a list (with addresses) of veniremen and witnesses, if the court finds by a preponderance of the evidence that providing such list may jeopardize the life or safety of any person.
Title VI: Gangs, Juveniles, Drugs, and Prosecutors - Anti-Gang and Youth Protection Act of 1993 - Subtitle A: Criminal Youth Gangs - Amends the Federal criminal code to make it unlawful to: (1) commit specified "predicate gang crimes" (including murder, assault, kidnapping, arson, and retaliating against a witness, victim, or informant) with intent to promote or further the activities of a criminal street gang or for the purpose of gaining entrance to or maintaining or increasing position in such gang; (2) participate in, or induce another to participate in, a gang; (3) employ any individual to commit or facilitate the commission of a predicate gang crime with such intent; or (4) use any communication facility in causing or facilitating the commission of such an offense with such intent. Sets penalties for such offenses. Provides for forfeiture of proceeds obtained from, and property used to commit, the violation. Authorizes the Attorney General and the Secretary of the Treasury to investigate such offenses. Directs the Sentencing Commission to: (1) increase the base offense level for any felony committed for the purpose of gaining entrance into, or maintaining or increasing position in, a criminal street gang; and (2) review and, if necessary, amend its sentencing guidelines to provide that activity of a defendant as an organizer or leader of a criminal street gang shall be an aggravating factor in determining a sentence under chapter 26 of the Federal criminal code.
(Sec. 612) Makes: (1) offenses against the United States involving the use of minors predicates under the Racketeer Influenced and Corrupt Organizations Act (RICO); and (2) serious juvenile drug offenses Armed Career Criminal Act predicates.
(Sec. 614) Expands the scope of offenses warranting adult prosecution of serious juvenile offenders. Directs the court, in considering the nature of the offense, 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 (which factor, if found to exist, shall weigh heavily in favor of transfer to adult status, but its absence shall not preclude such a transfer).
(Sec. 615) Increases penalties under: (1) the Controlled Substances Act (CSA) for employing children to distribute drugs near schools and playgrounds, and for drug trafficking near public housing; and (2) the Federal criminal code for Travel Act crimes involving violence and conspiracy to commit contract killings.
(Sec. 618) Revises procedures under the Federal criminal code with respect to the use of records of crimes committed by juveniles, including the repeal of special probation and expungement procedures for drug possessors.
(Sec. 619) Amends the Omnibus Act to include among drug control and system improvement grant funding objectives law enforcement and prevention programs relating to gangs or youth who are involved or at risk of involvement in gangs.
Subtitle B: Gang Prosecution - Authorizes appropriations for the hiring of additional Assistant U.S. Attorneys to prosecute violent youth gangs.
(Sec. 622) Directs: (1) the Attorney General to develop a national strategy to coordinate gang-related investigations by Federal law enforcement agencies; and (2) the Director of the Federal Bureau of Investigation (FBI) to acquire and collect information on incidents of gang violence for inclusion in an annual uniform crime report. Authorizes appropriations.
(Sec. 623) Continues the current Federal-State funding formula for drug control and system improvement grants under the Omnibus Act through FY 1993.
(Sec. 624) Exempts grants awarded to State and local governments for the purpose of participating in multijurisdictional drug and gang (currently, drug) task forces from specified limitations on the use of drug control and system improvement grants.
Subtitle C: Grants Under the Juvenile Justice and Delinquency Prevention Act of 1974 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to authorize the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to States, units of local government, private not-for-profit anticrime organizations, or combinations thereof to assist them in planning, establishing, operating, coordinating, and evaluating projects for the development of more effective programs, including prevention and enforcement programs to reduce the formation or continuation of juvenile gangs and the use and sale of illegal drugs by juveniles.
Allows such grants to be used for specified purposes, including to:
(1) develop and provide parenting classes to parents of at-risk youth, and training in methods of nonviolent dispute resolution to youth of junior high and high school age; (2) reduce and prevent juvenile drug and gang-related activity in rural areas; (3) provide education and treatment programs for juveniles exposed to severe violence in their homes, schools, or neighborhoods; and (4) establish sports mentoring and coaching programs in which athletes serve as role models for juveniles.
Expresses the sense of the Congress that no child should have to be incarcerated in a State youth center or detention facility solely in order to receive mental health treatment.
Directs the Attorney General, subject to the availability of appropriations, to: (1) study the nature and prevalence of mental illness among youth in the juvenile justice system at several different points in the system, including the arrest, adjudication, dispositional, and commitment stages; (2) develop a model system that the States can use to assess, diagnose, and treat the mental health needs of youth who come in contact with the juvenile justice system for mental illness; and (3) disseminate the results of the study and the model to each State's Juvenile Justice Advisory Group.
(Sec. 633) Requires the Administrator, subject to the availability of appropriations, to make grants to States to assist in planning, establishing, operating, coordinating, and evaluating programs for the development of more effective education, training, research, prevention, diversion, treatment, and rehabilitation programs in the area of juvenile violence.
Subtitle D: Bindover System for Certain Violent Juveniles - Amends the Omnibus Act to authorize grants for bindover systems for the prosecution of juveniles age 13 and older for certain violent crimes (first- and second-degree murder, 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).
Subtitle E: Federal Prosecutions - Requires that a juvenile age 13 or older on the date of the offense, with respect to specified Federal crimes, including certain assaults, murder, attempted murder or manslaughter, robbery, bank robbery, and aggravated sexual abuse by force or threat or with children, if the juvenile was in possession of a firearm during the offense, be prosecuted as an adult in Federal court. Specifies that no such juvenile shall be incarcerated in an adult prison. Entitles a juvenile so prosecuted who is convicted to file a petition for resentencing pursuant to applicable sentencing guidelines when he or she reaches age 16.
Directs the Sentencing Commission to promulgate, or amend existing, guidelines, if necessary, to carry out the purposes of this subtitle. Allows the Commission to promulgate guidelines for such resentencing determinations, if necessary to permit sentencing adjustments which may include adjustments which provide for supervised release, for defendants who have clearly demonstrated an exceptional degree of responsibility for the offense and a willingness and ability to refrain from further criminal conduct.
Subtitle F: Youth Handgun Safety - Amends the Federal criminal code to prohibit: (1) the sale, delivery, or transfer to a juvenile of a handgun or ammunition that is suitable for use only in a handgun; and (2) the possession by a juvenile of a handgun or such ammunition.
Makes exceptions involving certain temporary transfers of, or possession or use by, a juvenile, if possessed and used: (1) in the course of employment or ranching or farming related to activities at the juvenile's residence, target practice, hunting, or a course of instruction in safe and lawful handgun use; (2) with the prior written consent of the juvenile's parent or guardian, subject to specified requirements; and (3) in accordance with State and local law.
Specifies additional exceptions regarding: (1) transportation by the juvenile of an unloaded handgun in a locked container with respect to ranching, farming, or other specified activities; (2) a juvenile who is a member of the U.S. armed forces or National Guard, who is armed in the line of duty; (3) a transfer by inheritance of title of a handgun or ammunition; or (4) possession by a juvenile in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest.
Directs the court to require the presence of a juvenile defendant's parent or legal guardian at all proceedings for violations of this subtitle, except for good cause shown.
Sets: (1) limits on the permanent confiscation by the Government of a handgun or ammunition from a juvenile; and (2) penalties for violations of this subtitle.
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) prepare and disseminate to State authorities the findings made as the result of the evaluation; and (4) report to the Congress regarding the need or appropriateness of further Government action.
(Sec. 663) Prohibits the sale or transfer for consideration of a handgun or handgun ammunition to a juvenile, with exceptions.
Title VII: Terrorism - Subtitle A: Maritime Navigation and Fixed Platforms - Amends the Federal criminal code to prohibit and set penalties for the seizure of a ship or fixed platform by force, an act of violence against a person aboard, damage or destruction, or the injuring or killing of a person in connection with such activities. Provides the death penalty where death results. Bars Federal prosecution for such conduct that occurred within the United States during or in relation to a labor dispute, where such conduct is prohibited as a felony under the law of the State in which it was committed.
Subtitle B: General Provisions - Provides the death penalty where death results from the use of a weapon of mass destruction.
(Sec. 714) Extends: (1) the application of State, territory, or district law for offenses committed in territorial waters not otherwise committed within a State's territory or district; (2) special maritime and territorial jurisdiction to offenses committed by or against a U.S. national during a voyage on a foreign vessel scheduled to depart from or arrive in the United States; and (3) the statute of limitations to ten years for certain terrorist offenses.
(Sec. 716) Provides: (1) the death penalty for the commission of torture outside the United States and for the killing of a U.S. national outside the country; (2) the FBI with access to telephone subscriber information if the Director or Deputy Assistant Director certifies that such information is relevant to a foreign counterintelligence investigation and that it pertains to an agent of a foreign power; and (3) criminal penalties for willful violations of airport or airline security regulations.
(Sec. 719) Prohibits: (1) acts of terrorism at U.S. international airports (and provides the death penalty where death results), subject to certain limitations; and (2) counterfeiting U.S. currency abroad (and sets penalties). Enhances penalties for any felony that involves or is intended to promote international terrorism. Sets penalties for those who provide material support to terrorists.
(Sec. 722) Creates an Economic Terrorism Task Force.
(Sec. 725) Amends the Immigration and Nationality Act to authorize the Attorney General to grant a nonimmigrant visa to an alien who possesses critical information about a criminal organization and whose presence in the United States is essential to an investigation or prosecution of such organization.
Title VIII: Sexual Violence and Abuse of Children, the Elderly, and Individuals with Disabilities - Subtitle A: Sexual Abuse - Amends the Federal criminal code to include within the definition of "sexual act" the intentional touching, not through the clothing, of the genitalia of another person who has not attained age 16 with intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.
Subtitle B: Protection of Children, the Elderly, and Individuals with Disabilities - National Child, Elderly, and Individuals with Disabilities Protection Act of 1993 - Provides for the establishment of a national background check system whereby organizations that care for children, the elderly, or individuals with disabilities can determine whether prospective employees have histories of abuse or other serious crimes. Requires States to have at least 80 percent currency of crime cases in their systems within three years. Directs the Administrator of the Office of Juvenile Justice and Delinquency Prevention to begin a study of child abusers' criminal records.
(Sec. 816) Amends the Omnibus Act to provide for the use of drug control and system improvement grants for the improvement of State record systems and the sharing of specified records required under such Act, this Act, and the Indian Child Protection and Family Violence Prevention Act.
Subtitle C: Crimes Against Children - Jacob Wetterling Crimes Against Children Registration Act - Directs the Attorney General to establish guidelines for State programs requiring any person convicted of a criminal offense against a victim who is a minor to register a current address with a designated State LEA for ten years after release from prison or being placed on parole or supervised release. Subjects to criminal penalties a person required to register under a State program who knowingly fails to register and keep such registration current.
(Sec. 823) Specifies that the allocation of Bureau of Justice Assistance (BJA) grant funds (under the Omnibus Act) received by a State not complying with provisions of this Act three years after its enactment shall be reduced by ten percent, with the unallocated funds to be reallocated to the States in compliance with this Act.
Subtitle D: Child Pornography - Sets penalties for international trafficking in child pornography.
(Sec. 825) 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 for the forfeiture of assets used in the commission or support of, or gained from, such offenses.
Subtitle E: Rules of Evidence, Practice, and Procedure - Amends the Federal Rules of Evidence to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases.
Subtitle F: Sexually Violent Predators - Sexually Violent Predators Act - Directs the Attorney General to: (1) establish guidelines for State programs to require a sexually violent predator" (defined as a person who has been convicted of a sexually violent offense and who suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses) to register a current address with a designated LEA upon release from prison, being placed on parole, or being placed on supervised release; and (2) approve each State program that complies with the guidelines. Provides for the withholding of a percentage of funds (and their reallocation to complying States) under the Omnibus Act to States not in compliance. Authorizes the designated State LEA to release relevant information necessary to protect the public concerning a specific sexually violent predator.
Title IX: Crime Victims - Subtitle A: Victims' Rights - Amends Rule 32 of the Federal Rules of Criminal Procedure 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. 902) Requires courts to order criminal defendants who are convicted to pay restitution to victims. Specifies that a restitution order shall constitute a lien against real or personal property.
(Sec. 903) Expresses the sense of the Congress that: (1) State 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 early release of the offender; and (3) if the victim is not able 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 that if the compensation paid by an eligible crime victim compensation program would cover costs that a Federal, or a federally financed State or local, program would otherwise pay: (1) such victim compensation program shall not pay such compensation; and (2) the other program shall make its payments without regard to the existence of the crime victim compensation program.
(Sec. 913) Allows: (1) up to five percent of a victim compensation or assistance program grant to be used for administrative costs; and (2) the Director of the Office for Victims of Crime to use unspent compensation funds for assistance programs in either the year such funds are not spent or in the following year.
(Sec. 917) 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.
Subtitle C: Senior Citizens - National Triad Program Act - Requires the Director of the National Institute of Justice (NIJ), subject to the availability of appropriations to conduct a national assessment of: (1) the nature, extent, and effect of crimes committed against senior citizens; (2) the numbers, extent, and impact of violet and nonviolent crimes (such as frauds and "scams") against senior citizens and the extent of unreported crime; (3) the collaborative needs of law enforcement, health, and social service organizations to identify, investigate, and provide assistance to victims of those crimes; and (4) the development and growth of strategies to respond effectively to such matters.
(Sec. 925) Requires the Director of the BJA, subject to the availability of appropriations, to make grants to coalitions of local LEAs and senior citizens to assist in the development of programs and execute field tests of promising strategies for crime prevention and related services based on the trial model (which calls for participation of the sheriff, at least one police chief, and a representative of at least one senior citizens organization within a county).
(Sec. 926) Sets forth provisions regarding: (1) training assistance evaluation, and dissemination awards; and (2) reporting requirements. Authorizes appropriations.
Title X: State and Local Law Enforcement - Subtitle A: DNA Identification - DNA Identification Act of 1993 - 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. 1003) Requires the Director of: (1) the FBI to appoint a distinct advisory board on DNA quality assurance methods from among nominations proposed by the National Academy of Sciences and professional societies of crime laboratory officials and issue standards for quality assurance; and (2) the NIJ to make specified certifications to the House and Senate Judiciary Committees regarding the establishment of a proficiency testing program for DNA analyses.
(Sec. 1004) Authorizes the Director of the FBI to establish an index of DNA identification records of persons convicted of crimes, and of analyses of DNA samples recovered from crime scenes and from unidentified human remains.
(Sec. 1005) Sets forth proficiency testing and privacy protection requirements, and penalties for violations. Authorizes appropriations.
Subtitle B: Department of Justice Community Substance Abuse Prevention - Department of Justice Community Substance Abuse Prevention Act of 1993 - Amends the Omnibus Act to authorize the Attorney General to make grants to eligible coalitions to develop and implement substance abuse prevention programs, with the efforts of such coalitions involving substantial community participation. Grants priority to communities providing evidence of significant abuse. Authorizes appropriations.
Subtitle C: Racial and Ethnic Bias Study Grants - Authorizes the Attorney General to make grants to States that have established, by State law or the court of last resort, plans for analyzing the role of race in their criminal justice systems. Requires State plans to include recommendations designed to correct any findings of racial and ethnic bias. Authorizes appropriations.
Subtitle D: Improved Training and Technical Automation - Directs the Attorney General, subject to the availability of appropriations, to: (1) make grants to units of state and local law enforcement for purposes of improving LEA efficiency through computerized automation and technological improvements; (2) expand and improve investigative and managerial training courses for state 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 and analyzes information in support of investigations by Federal, State, and local LEAs of violent serial crimes. Authorizes appropriations.
Title XI: Provisions Relating to Police Officers - Subtitle A: Law Enforcement Family Support - Amends the Omnibus Act to: (1) require the Director of the BJA to establish guidelines and oversee the implementation of family-friendly policies in law enforcement divisions of the Department of Justice (DOJ), identify model programs that provide support to law enforcement families, and provide technical assistance for stress reduction and family support efforts by State and local LEAs; and (2) authorize the Director 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 B: 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. 1112) Directs the Attorney General to acquire data about the use of excessive force by law enforcement officers.
Subtitle C: Police Corps and Law Enforcement Officers Training and Education - Chapter 1: Police Corps - Police Corps Act - Establishes in DOJ an Office of the Police Corps and Law Enforcement Education, headed by a Director. Authorizes the Director to award college and graduate school scholarships (of up to $30,000 per student) in exchange for four years 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. 1127) Sets forth provisions regarding: (1) selection and training of participants; (2) swearing in, discipline, and layoffs; (3) State plan requirements; and (4) assistance to States and localities employing police corps officers. Authorizes appropriations.
Chapter 2: 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 XII: Drug Court Programs - Amends the Omnibus Act to authorize the Director of the BJA to make grants to States: (1) for drug testing upon arrest, during the pretrial period, or during participation in any pre- or post-conviction diversion program; (2) to develop alternative methods of punishment for young nonviolent offenders to traditional forms of incarceration and probation; and (3) for residential substance abuse treatment programs in State prisons. Prohibits participation by violent offenders in programs funded by such grants. Directs the Comptroller General to study and assess the effectiveness and impact of such grants and report to the Congress the results by January 1, 1997. Authorizes appropriations.
Title XIII: Prisons - Subtitle A: Federal Prisons - Amends the Federal criminal code to: (1) prohibit the Bureau of Prisons from showing favoritism to prisoners of high social or economic status in designating their place of imprisonment; and (2) require that any submission of legislation by the judicial or executive branch that might affect prison populations be accompanied by an impact statement (and requires the Attorney General to prepare and transmit to the Congress annual prison impact assessments).
(Sec. 1303) Federal Prisoner Drug Testing Act of 1993 - Requires the Director of the Administrative Office of the U.S. Courts to establish a program of drug testing of Federal offenders on post-conviction release.
(Sec. 1304) Drug Treatment in Federal Prisons Act of 1993 - Establishes a schedule for the Bureau of Prisons to place all eligible prisoners into residential substance abuse treatment programs for between nine and 12 months, in facilities separate from the general prison population. Specifies that prisoners who successfully complete such programs could be released up to a year early. Authorizes appropriations.
(Sec. 1305) Directs the court, in imposing sentence, to consider the expected costs to the Government of any imprisonment, supervised release, or probation. Authorizes the Sentencing Commission, in promulgating guidelines, to include as a component of a fine the expected costs to the Government of any imprisonment, supervised release, or probation sentence.
Subtitle B: State Prisons - Authorizes the Attorney General to make grants to States and to multi-State compact associations for the development and operation of boot camp prisons, city or county detention facilities, or low- to medium-security prisons (for prisoners not convicted of violent felonies, providing a highly regimented schedule of strict discipline, physical training, and work, as well as remedial education and treatment for substance abuse) and prisons that house and provide treatment for violent offenders with serious substance abuse problems. Specifies that grants may support the activation of boot camp and prison facilities already constructed by State or local governments, and shall support aftercare services. Permits utilization of the private sector in designing, constructing, and providing services associated with facilities funded under this subtitle. Authorizes appropriations.
(Sec. 1323) Requires the Director of NIJ to study: (1) the feasibility of establishing an information clearinghouse to facilitate the interstate transfer of prisoners to facilities near their families; (2) the recidivism rates of persons who were under the influence of alcohol at the time they committed their crimes, comparing recidivism rates of those who participated in a residential treatment program while in custody with those who did not; and (3) the use of alcohol, alone or in combination with other drugs, as a factor in criminal activity.
(Sec. 1324) Requires the Bureau of Prisons to notify State and local law enforcement authorities 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.
Subtitle C: Grants Under the Juvenile Justice and Delinquency Prevention Act of 1974 - Authorizes the Attorney General to make grants to States and units of general local government or combinations thereof to assist them in planning, establishing, and operating secure facilities for violent and chronic juvenile offenders. Authorizes appropriations.
Subtitle D: Regional Prisons and State Prisons - Directs the Attorney General to: (1) construct and operate a minimum of ten regional prisons, situated throughout the United States, each containing space for at least 2,500 inmates, and with at least 75 percent of the overall capacity of such prisons in the aggregate dedicated to qualifying prisoners from qualifying States; and (2) give appropriate consideration, in determining the location of such prisons, to the feasibility of converting Federal correctional complexes currently in the planning or construction phase. Sets forth requirements to be certified by the Attorney General as a qualifying State, with respect to truth in sentencing, pretrial detention, sentences for firearm offenders and others, and recognition of victims' rights. Authorizes appropriations.
Subtitle E: Violent Crime Reduction Trust Fund - Sets limits on the number of full-time equivalent positions in all Federal agencies during FY 1994 - 1998.
(Sec. 1353) Establishes within the Treasury a Violent Crime Reduction Trust Fund.
(Sec. 1354) Requires the Director of the Office of Management and Budget to reduce certain discretionary spending limits set forth in the Congressional Budget Act of 1974 for FY 1994 - 1998 as specified.
Title XIV: 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. 1402) Directs the Attorney General to establish a Rural Drug Enforcement Task Force in each of the Federal judicial districts which encompass significant rural lands. Specifies that assets seized as a result of investigations initiated by such a task force shall be used primarily to enhance the operations of the task force and its participating State and local LEAs.
(Sec. 1403) Authorizes the Attorney General to cross-designate up to 100 Federal officers with jurisdiction to enforce CSA provisions on non-Federal lands and the Federal criminal code to the extent necessary to effect the purposes of this Act. Directs the Attorney General, subject to the availability of appropriations, to ensure that each of the task forces established under this title are adequately staffed with investigators.
(Sec. 1404) 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 Drug Enforcement Administration 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.
Subtitle C: Rural Domestic Violence and Child Abuse Enforcement - Authorizes the Attorney General to make grants to units of States and local governments, and to other public and 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.
Title XV: Drug Control - Subtitle A: Increased Penalties - Amends: (1) the Federal criminal code to enhance penalties for drug trafficking and illegal drug use in prisons; (2) the Tariff Act of 1930 to make the penalty for failure to declare a controlled substance 1,000 percent of the value of the article (as under current law) or $500, whichever is greater; and (3) the CSA to enhance penalties for drug dealing in or near public housing authority facilities, and to set penalties for any physical trainer or adviser who endeavors to persuade or induce an individual to possess or use anabolic steroids in violation of such Act.
(Sec. 1505) Directs the Sentencing Commission to amend the sentencing guidelines to increase penalties for drug-dealing in "drug-free" zones.
Subtitle B: Precursor Chemicals Act - Chemical Control Amendments Act of 1993 - Amends the CSA to impose registration requirements for precursor chemicals.
(Sec. 1514) Requires manufacturers to submit annual reports concerning listed chemicals manufactured during the year.
(Sec. 1515) Amends the Controlled Substances Import and Export Act to: (1) subject brokers and traders to the same recordkeeping and reporting requirements for international transactions, and the same criminal penalties, as exporters; and (2) authorize the Attorney General to require that the 15-day advance notice requirement with respect to the importation and exportation of listed chemicals apply to all exports of specific listed chemicals to specified countries, regardless of the status of certain customers in such countries as regular customers, if necessary to support effective diversion control programs or as required by treaty; and (3) establish criminal penalties for attempting to evade reporting requirements and for smuggling listed drugs.
(Sec. 1519) Grants the Attorney General the same inspection authority for listed chemicals as presently exists with respect to controlled substances.
(Sec. 1521) Makes it a felony to violate the Solid Waste Disposal Act in the handling of chemicals used to illegally manufacture a controlled substance. Requires that violators be assessed costs of the initial cleanup an disposal of the listed chemical and contaminated property and the costs of restoring property damaged by exposure to such chemical.
Subtitle C: General Provisions - Prohibits advertising which aims to illegally solicit or sell drugs.
(Sec. 1535) Includes among the long-term goals of the National Drug Control Strategy making drug treatment available to all who need it.
(Sec. 1536) Amends the Federal Aviation Act of 1958 to require the Administrator of the Federal Aviation Administration to issue regulations requiring employees to report to law enforcement authorities the discovery of illegal drugs or amounts of cash over $10,000 in airport security screenings.
(Sec. 1537) Authorizes the Attorney General to bring a civil action for violations of prohibitions regarding the sale, transport, import, and export of drug paraphernalia. Grants the court the power to assess a civil penalty of up to $250,000 and to grant other, including injunctive, relief.
Title XVI: Drunk Driving Provisions - Drunk Driving Child Protection Act of 1993 - Amends the Federal criminal code to provide supplementary prison terms and fine authorizations in cases where drunk driving endangers or injures a person under 18 years of age.
(Sec. 1603) Expresses the sense of the Congress that in determining child custody and visitation rights the courts should consider the history of drunk driving of anyone involved in the determination.
Title XVII: Commissions - Subtitle A: Commission on Crime and Violence - Establishes the National Commission on Crime and Violence in America to develop a comprehensive crime control plan for the 1990's.
Subtitle B: National Commission to Study the Causes of the Demand for Drugs in the United States - National Commission to Study the Causes of the Demand for Drugs in the United States - Establishes a National Commission to Study the Causes of the Demand for Drugs in the United States.
Subtitle C: National Commission to Support Law Enforcement - National Commission to Support Law Enforcement Act - Establishes a National Commission to Support Law Enforcement.
Subtitle D: Presidential Summit on Violence - Calls on the President to convene a national summit on violence in America.
Subtitle E: Commission on Violence in Schools - Establishes, subject to appropriations, a National Commission on Violence in America's Schools. Authorizes appropriations.
Title XVIII: Bail Posting Reporting - Illegal Drug Profits Act of 1993 - Requires State and Federal criminal court clerks to report to the Internal Revenue Service (IRS) and prosecutors the name and taxpayer identification number of anyone accused of a drug, money laundering, or racketeering crime who posts cash bail exceeding $10,000.
Title XIX: 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.
(Sec. 1903) Prohibits and sets penalties for tampering with the decals, with exceptions.
Title XX: Protections for the Elderly - Directs the Attorney General, subject to the availability of appropriations, to make grants in support of programs to protect and locate missing patients with Alzheimer's disease and related dementias. Authorizes appropriations.
(Sec. 2002) Directs the Sentencing Commission to ensure that the sentences for those convicted of crimes of violence against elderly victims be sufficiently stringent to deter such crimes, protect the public from additional crimes of such a defendant, and provide enhanced penalties under specified criteria.
Title XXI: Consumer Protection - Amends the Federal criminal code to set penalties for insurance industry crimes, including embezzling from insurance companies, making false entries in insurance company books with intent to deceive, and corruptly influencing or obstructing proceedings before State insurance regulatory agencies or insurance examiners. 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. 2102) Consumer Protection Against Credit Card Fraud Act of 1993 - Prohibits the sale of credit cards without credit card company authorization, fraudulent receipt of payments via credit card for goods never received or inferior to those promised, and laundering to credit card receipts.
(Sec. 2103) Extends the mail fraud statute to include mail sent by private interstate carriers.
Title XXII: Financial Institution Fraud Prosecutions - Financial Institutions Fraud Prosecution Act of 1991 (sic) - 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. 2204) Amends the Crime Control Act of 1990 to encourage the Attorney General to report to the Congress on the collapse of private insurance deposit corporations.
Title XXIII: Savings and Loan Prosecution Task Force - Directs the Attorney General to establish within DOJ a savings and loan criminal fraud task force to prosecute those criminal cases involving savings and loan institutions.
Title XXIV: 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. 2403) Directs the court to revoke a term of supervised release and require the defendant to serve in prison all or part of the term of 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 finds that the defendant violated a condition of supervised release, subject to specified limitations. Authorizes the court to include a requirement that the defendant be placed on supervised release after imprisonment when a term of supervised release is revoked and the defendant is required to serve a term of imprisonment less than the maximum authorized. Specifies that the power of the court to revoke a term of supervised release for violation of a condition of such release extends beyond the expiration of the term of release for a period reasonably necessary for the adjudication of matters arising before its expiration if, prior to such expiration, a warrant or summons has been issued on the basis of an allegation of such a violation.
(Sec. 2404) Provides for the application of the sentencing guidelines (and any pertinent policy statement issued by the Sentencing Commission) for certain nonviolent drug offenses in which a mandatory minimum term of imprisonment would otherwise be required.
(Sec. 2405) Sets mandatory: (1) prison terms for use, possession, or carrying of a firearm or destructive device during a State crime of violence or drug trafficking crime; and (2) minimum prison sentences for selling illegal drugs to minors or using minors in drug trafficking activities.
(Sec. 2406) Sets penalties for murder involving a firearm.
(Sec. 2408) Provides for life imprisonment without release for drug felons and violent criminals convicted a third time.
(Sec. 2409) Directs the Sentencing Commission to provide sentencing enhancements for hate crimes.
(Sec. 2410) Expresses the intent and sense of the Congress regarding depictions of minors engaging in sexually explicit conduct and DOJ's position regarding videotapes in United States v. Knox.
Title XXV: Sentencing and Magistrates Amendments - Permits concurrent sentencing of a defendant to imprisonment and probation for petty offenses.
(Sec. 2502) Authorizes the trial of petty offenses by magistrate judges.
Title XXVI: Computer Crime - Computer Abuse Amendments Act of 1993 - Amends the Computer Fraud and Abuse Act to make it a felony to knowingly transmit an unauthorized program or code that alters the information stored in a computer with the intent to damage the system or information contained within the affected computer or 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 or code. 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 XXVII: International Parental Kidnapping - International Parental Kidnapping Crime Act of 1993 - Amends the Federal criminal code to establish penalties for removing a child from, or retaining a child outside, the United States with intent to obstruct the lawful exercise of parental rights.
(Sec. 2703) Authorizes appropriations to carry out under the State Justice Institute Act of 1984 national, regional, and in-State training and educational programs dealing with criminal and civil aspects of interstate and international parental child abduction.
Title XXVIII: Safe Schools - Safe Schools Act of 1993 - Amends the Omnibus Act to: (1) authorize the Director of the BJA to make grants to local educational agencies for the purpose of providing assistance to such agencies most directly affected by crime and violence; and (2) require the Director to develop a written safe schools model in English and in other appropriate languages and make such model available to any such agency that requests it. Authorizes appropriations.
(Sec. 2803) State Leadership Activities to Promote Safe Schools Act - Authorizes the Secretary of Education to award grants to State educational agencies to disseminate to local educational agencies and schools information on successful school violence prevention programs and for other specified purposes. Authorizes appropriations.
Title XXIX: 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. 2902) Increases the maximum penalties for voluntary and involuntary manslaughter.
(Sec. 2903) Broadens the scope and increases the penalties for conspiracies to deprive persons of their civil rights.
(Sec. 2904) Increases penalties for: (1) trafficking in counterfeit goods and services; (2) conspiracy to commit murder for hire; (3) Travel Act violations; and (4) arson.
Subtitle B: Extension of Protection of Civil Rights Statutes - Extends the protections 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: Gambling - Grants a State gaming enforcement office located within a State Attorney General's office access to FBI criminal history record information for licensing purposes.
Subtitle E: White Collar Crime Amendments - Establishes penalties for knowingly receiving the proceeds of: (1) extortion; (2) a kidnapping; and (3) a postal robbery.
(Sec. 2943) Extends the prohibition against obstructing civil investigative demands to include obstruction in racketeering and false claims investigations.
Subtitle F: Safer Streets and Neighborhoods - Safer Streets and Neighborhoods Act of 1993 - Amends the Omnibus Act to authorize the Director of the BJA 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 (current law does not specify "non-Federal"), effective October 1, 1993.
Subtitle G: Other Provisions - Authorizes the venue for espionage and related offenses to be in the District of Columbia or in any other district authorized by law.
(Sec. 2963) Amends the Anti-Drug Abuse Act to make amendments with respect to certain IRS undercover operations effective from the date of this Act's enactment through December 31, 1994.
(Sec. 2964) Directs the Attorney General and the Secretary of Health and Human Services (HHS) to report to the Congress on the medical and psychological basis of "battered women's syndrome" and the extent to which evidence of the syndrome has been held to be admissible as evidence of guilt or as a defense in a criminal trial.
(Sec. 2966) Amends the Federal criminal code to set penalties for: (1) the theft of major art works from museums; (2) misuse of the words "Drug Enforcement Administration" or the initials "DEA"; and (3) attempted robbery, kidnapping, smuggling, and property damage offenses.
(Sec. 2971) Extends the statute of limitations for arson.
Title XXX: Technical Corrections - Makes technical corrections to various criminal law provisions.
Title XXXI: Driver's Privacy Protection Act - Driver's Privacy Protection Act of 1993 - Prohibits the release or use by any State motor vehicle department (or any officer or employee thereof) of personal information about any individual obtained by the department in connection with a motor vehicle operator's permit, motor vehicle title, identification card, or motor vehicle registration, except where authorized by that individual or for specified routine permissible uses. Sets penalties for violations.
Title XXXII: Violence Against Women; Safe Streets for Women - Violence Against Women Act of 1993 -Subtitle A: 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 Sentencing Commission to implement such amendment by recommending to the Congress amendments, if appropriate, in the sentencing guidelines applicable to criminal sexual abuse.
(Sec. 3212) Directs the Sentencing Commission to: (1) review and amend, where necessary, its sentencing guidelines on aggravated sexual abuse or sexual abuse according to specified guidelines; and (2) review and report to the Congress regarding Federal rape sentencing.
(Sec. 3213) Requires that a court order restitution for violations of Federal sexual abuse laws, including for sexual exploitation and other abuse of children.
(Sec. 3214) Authorizes appropriations to U.S. Attorneys to appoint victim/witness counselors for the prosecution of sex crimes and domestic violence crimes.
Subtitle B: Law Enforcement and Prosecution Grants to Reduce Violent Crimes Against Women - Amends the Omnibus Act to require the Director of the DJA to make grants to areas of high intensity crime against women. Authorizes the Director to make general grants to: (1) States to reduce violent crimes against women; and (2) Indian tribes to reduce violent crimes against women in Indian country.
Subtitle C: Safety for Women in Public Transit and Public Parks - Amends the Urban Mass Transportation Act of 1964 to direct the Secretary of Transportation, from funds authorized under existing provisions, 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. 3232) Amends: (1) the National Park System Improvements in Administration Act to authorize the Secretary of the Interior to provide assistance to reduce violent crime in the National Park System; and (2) the Land and Water Conservation Fund Act of 1965 to direct such Secretary to provide grants for capital improvements and other measures to increase safety in urban parks and recreation areas.
Subtitle D: National Commission on Violence Against Women - Establishes a National Commission on Violence Against Women to recommend Federal, State, and local strategies for preventing and sanctioning violent crime against women, including the enhancement and protection of the rights of the victims of such crimes.
Subtitle E: New Evidentiary Rules - Amends the Federal Rules of Evidence to exclude, in criminal cases other than sex offense cases, reputation or opinion evidence of the past sexual behavior of a victim from admission into evidence. Allows other types of evidence of a victim's past sexual behavior in accordance with specified procedures if its probative value outweighs the danger of unfair prejudice.
(Sec. 3252) Makes reputation or opinion evidence of the plaintiff's past sexual behavior inadmissible in a civil action involving allegations of actionable sexual misconduct. Makes other types of evidence of a plaintiff's past sexual behavior admissible in accordance with specified procedures if its probative value outweighs the danger of unfair prejudice.
(Sec. 3254) Makes evidence of an alleged victim's clothing, in a criminal case under Federal laws relating to sexual abuse, inadmissible to show that the victim incited or invited the offense.
Subtitle F: Assistance to Victims of Sexual Assault - Amends the Public Health Service 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.
(Sec. 3262) Requires grant recipients under this title to incur the full cost of forensic medical exams for victims of sexual assault.
(Sec. 3263) 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 for female runaway, homeless, and street youth who have been subjected to or are at risk of being subjected to sexual abuse.
(Sec. 3264) Amends the Federal Rules of Criminal Procedure to provide for a victim's right to make a statement at the sentencing of a criminal defendant in cases involving a crime of violence or sexual abuse.
Title XXXIII: Safe Homes for Women - Safe Homes for Women Act of 1993 - Subtitle A: Family Violence Prevention and Services Act Amendments - 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.
Subtitle B: Interstate Enforcement - Amends the Federal criminal code to provide for a Federal term of imprisonment or fine, in addition to any State penalties, for any person who: (1) crosses a State line for the purpose of harassing, intimidating, or injuring a spouse or intimate partner and who injures such partner; (2) causes a partner to cross a State line by force, coercion, duress, or fraud and who injures such partner; or (3) commits such acts 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.
Requires, provided certain conditions are met, that a protection order issued by the court of one State be accorded full faith and credit by the court of another State.
Subtitle C: Arrest in Spousal Abuse Cases - Amends the FVPSA to authorize the Secretary of HHS to make grants, with regard to spousal abuse, to: (1) implement pro-arrest programs and policies in police departments and improve case tracking; (2) centralize police enforcement, prosecution, or judicial responsibility for cases in one group of officers, prosecutors, or judges; (3) coordinate computer tracking systems to ensure communication between police, prosecutors, and both criminal and family courts; and (4) educate judges to improve judicial handling of cases.
Subtitle D: Domestic Violence, Family Support, and Shelter Grants - Directs the Secretary of HHS to make grants to support projects and programs relating to domestic violence and other criminal and unlawful acts that particularly affect women. Amends the FVPSA to authorize appropriations to carry out that Act.
Subtitle E: Family Violence Prevention and Services Act Amendments - Amends the FVPSA to require that: (1) applications for State demonstration grants include a plan to address the needs of underserved populations; and (2) upon completion of activities funded, the State grantee file a performance report explaining the activities carried out together with an assessment of the effectiveness of such activities.
Subtitle F: Youth Education and Domestic Violence - Amends the FVPSA to direct the Secretary of Education to select, implement, and evaluate four model programs for education of young people about domestic violence and violence among intimate partners, with one program for each of primary, middle, and secondary schools, and institutions of higher education. Authorizes appropriations.
Subtitle G: Confidentiality for Abused Persons - Requires the U.S. Postal Service to promulgate regulations to secure the confidentiality of abused persons' addresses.
Subtitle H: Technical Amendments - Amends the FVPSA to: (1) include within the term "related assistance" under such Act supportive services by peers; (2) increase (from six to seven) the number of special issue resource centers authorized focusing on issues of concern to domestic violence victims; (3) include providing technical assistance and training to State domestic violence coalitions as a possible area of specialty by such centers; (4) include among the duties of State domestic violence coalitions to work with local domestic violence programs and providers of direct services to encourage appropriate responses to domestic violence within the State; and (5) make technical amendments to such Act.
Subtitle I: Data and Research - Requires: (1) the Director of the NIJ to request the National Academy of Sciences to enter into a contract to develop a research agenda to increase the understanding and control of violence against women; (2) the NIJ to study and report to the States and the Congress on how the States may collect centralized databases on the incidence of domestic violence offenses within a State; and (3) the Secretary of HHS to conduct a study to obtain a national projection of the incidence of injuries resulting from domestic violence, the cost of injuries to health care facilities, and recommend health care strategies for reducing the incidence and cost of such injuries. Authorizes appropriations.
Title XXXIV: Civil Rights - 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 the victim's 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. 3403) Allows the awarding of attorney's fees in actions to enforce this title.
(Sec. 3404) 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.
Title XXXV: Safe Campuses for Women - Amends the Higher Education Amendments of 1992 to authorize appropriations for grants for campus sexual offenses education and prevention programs.
Title XXXVI: Equal Justice for Women in the Courts Act - Equal Justice for Women in the Courts Act of 1993 - Subtitle A: Education and Training for Judges and Court Personnel in State Courts - Authorizes the State Justice Institute to make grants for model programs to be used by States in training judges and court personnel in State laws on rape, sexual assault, domestic violence, and other crimes of violence motivated by the victim's gender. Authorizes appropriations.
Subtitle B: 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. Authorizes the Federal Judicial Center to include in its educational and training programs information on issues related to gender bias in the courts.
(Sec. 3622) Authorizes appropriations. Directs the Judicial Conference to allocate funds (as specified) to Federal circuit courts that: (1) undertake studies under this subtitle in their circuits; or (2) implement reforms recommended as a result of such studies in their own or other circuits, including education and training.
Title XXXVII: Violence Against Women Act Improvements - Amends the Federal criminal code to provide for pretrial detention in sex offense cases.
(Sec. 3702) Increases penalties for sex offenses against victims under age 16.
(Sec. 3703) Amends: (1) the Victims' Rights and Restitution Act of 1990 to require the Attorney General to authorize the Director of the Office of Victims of Crime to provide for the payment of the cost of up to two tests for human immunodeficiency virus (HIV) for a sexual assault victim in the 12 months following the assault and a counseling session; and (2) the Federal criminal code to provide for testing of victims of sex offenses and limited testing of defendants for the presence of the etiologic agent for acquired immune deficiency syndrome (and authorizes appropriations), and to authorize the restitution of victims of sex offenses. Directs the Sentencing Commission to study and report to the appropriate 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. 3705) Provides for the enforcement of restitution orders through suspension of Federal benefits.
(Sec. 3706) Adds a Federal Rule of Evidence that, in a criminal case in which a person is accused of a sex offense, evidence is not admissible to show that the alleged victim invited or provoked the commission of the offense.
(Sec. 3707) Requires the Attorney General to provide for a national baseline study on campus sexual assault. Authorizes appropriations.
(Sec. 3708) Directs the Attorney General to: (1) prepare a report on the status of battered women's syndrome as a medical and psychological condition and on its effect in criminal trials; (2) conduct a study of the means by which abusive spouses may obtain information concerning the addresses or locations of estranged or former spouses; and (3) complete a study of problems of recordkeeping of criminal complaints involving domestic violence.
(Sec. 3711) Requires the Judicial Conference of the United States to: (1) review and make recommendations, and report to the Congress, regarding the advisability of creating Federal rules of professional conduct for lawyers in Federal cases involving sexual misconduct; and (2) complete a study of, and submit to the Congress recommendations for amending, Federal Rule of Evidence 404 as it affects the admission of evidence of a defendant's prior sex crimes in cases involving sexual misconduct.
(Sec. 3713) Authorizes the Attorney General to award supplementary grants to States adopting effective laws relating to sexual violence. Authorizes appropriations.
Title XXXVIII: Enhanced Penalties for Anti-Fraud Enforcement Efforts - National Health Care Anti-Fraud and Abuse Act of 1993 - Subtitle A: Amendments to Criminal Law - Amends the Federal criminal code to: (1) set penalties for health care fraud; (2) require the court, in imposing sentence on persons convicted of health care offenses, to order such person to forfeit property that is used in the commission of the offense or that constitutes or is derived from proceeds traceable to such commission, which is of a value proportionate to the seriousness of the offense; (3) authorize the Attorney General to commence a civil action in Federal court to enjoin a violation if a person is committing or about to commit a Federal health care offense; and (4) make Federal health care offenses predicates to a violation of the RICO Act.
Subtitle B: Amendments to Civil False Claims Act - Makes provisions of the Civil False Claims Act applicable to the use of false records or statements made to a health plan. Includes within the definition of "claim" for purposes of such Act any request or demand for money or property which is made or presented to a health plan.
Title XXXIX: Senior Citizens Against Marketing Scams - Senior Citizens Against Marketing Scams Act of 1993 - 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: (1) pay restitution to persons who sustained losses as a result of the fraudulent activity; and (2) forfeit to the United States property constituting or derived from proceeds obtained as a result of the offense.
(Sec. 3905) Requires 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. 3906) Authorizes the Attorney General to make awards for furnishing information leading to the prosecution and conviction of telemarketing fraud offenders.
(Sec. 3907) Authorizes appropriations.
(Sec. 3908) Makes the mail fraud statute applicable to matter sent or delivered by any private or commercial interstate carrier.
(Sec. 3909) Sets forth provisions regarding fraud and related activity in connection with access devices.
(Sec. 3910) Directs the Attorney General to establish a national, toll-free telemarketing fraud hotline.
Title XL: Child Safety - Child Safety Act - Authorizes the Secretary of HHS to award grants and enter into contracts and cooperative agreements with public or nonprofit private entities to: (1) establish and operate supervised visitation centers for child abuse victims; and (2) assist such organizations in collecting data on the effect of supervised visitation on sexually abused or severely physically abused children. Authorizes appropriations.
Title XLI: Family Unity Demonstration Project - Subtitle A: Family Unity Demonstration Project - Family Unity Demonstration Project Act - Authorizes appropriations for State (90 percent) and Federal (10 percent) family unity demonstration projects that enable eligible prisoners to live in community correctional facilities with their children for purposes 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.
Subtitle B: Grants to States - Authorizes the Director of the Federal Bureau of Prisons to make grants to States to carry out such projects, giving preference to States providing assurances such as that: (1) the State corrections and health and human services agencies will participate and cooperate closely in the development and operation of the project; (2) the State 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) the State will follow specified guidelines in selecting prisoners to participate. Requires the Director to make grants on a competitive basis to between four and eight eligible States geographically dispersed throughout the United States. Sets forth conditions for grant eligibility and State reporting requirements.
Subtitle C: Family Unity Demonstration Project for Federal Prisoners - Authorizes: (1) the Bureau of Prisons 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 under this title; and (2) 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 project costs related to the Federal participant's placement).
Title XLII: Domestic Violence - Domestic Violence Firearm Prevention Act - Amends the Federal criminal code to prohibit the sale or other disposal of firearms or ammunition to, or the receipt of firearms or ammunition by, persons convicted of offenses involving domestic abuse.
Title XLIII: 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 (comprised of law enforcement officers from pertinent Federal agencies) to assist State and local governments in investigating the most difficult cases of missing and exploited children.
Title XLIV: Public Corruption - Anti-Corruption Act of 1993 - Amends the Federal criminal code to prescribe criminal penalties to be imposed upon: (1) anyone who uses any facility of, or affects, interstate or foreign commerce to deprive or defraud the inhabitants of a State or political subdivision of a State of the honest services of a government official or employee, or of a fair and impartially conducted election process; and (2) any official, or person selected to be a public official, who, in order to carry out or conceal any scheme or artifice to defraud, discriminates, harasses, or takes adverse action against any employee or official of the United States, or any State or political subdivision. Authorizes such an adversely affected employee or official to obtain relief through a civil action, provided such person did not participate in the scheme or artifice.
(Sec. 4403) Amends mail fraud provisions to prohibit the use of any facility of interstate or foreign commerce in the execution of a scheme or artifice to defraud.
(Sec. 4404) Sets forth prohibitions regarding narcotics-related public corruption.
Title XLV: Semiautomatic 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. Defines such weapon as: (1) any of certain listed firearms; and (2) a semiautomatic rifle, pistol, or shotgun that has specified features. 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 the date of this Act's enactment to clearly show the date on which the weapon was manufactured.
(Sec. 4503) Makes provisions inapplicable to: (1) the transfer or possession of any firearm lawfully possessed before the effective date of this Act; (2) certain hunting and sporting firearms; (3) the United States or a department or agency of the United States, or a State or department, agency, or political subdivision of a State; and (4) 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. 4506) Prohibits: (1) the sale, shipment, or delivery of an assault weapon to a person who does not fill out a form 4473 (prescribed by the Secretary) in connection with the purchase of an assault weapon; and (2) the purchase, possession, or acceptance of delivery of such weapon by a person who has not completed such form. Sets forth: (1) additional recordkeeping requirements; and (2) penalties for violations.
(Sec. 4507) 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, and such other identification as the Secretary may prescribe.
(Sec. 4508) Directs the Attorney General to: (1) investigate and study the effect of this Act and determine its impact, if any, on violent and drug trafficking crime; and (2) report to the Congress.
(Sec. 4510) Lists various categories of firearms as an appendix to Federal firearms provisions.
Title XLVI: Recreational Hunting Safety - Recreational Hunting Safety and Preservation Act of 1993 - Makes it unlawful to intentionally obstruct a lawful hunt (as defined by this Act) on Federal lands. Establishes: (1) civil penalties for such violations; (2) procedures for individual and government agent complaints; and (3) permitted uses of collected penalty money. Authorizes injunctive relief. Permits an affected individual or sportsman's organization to bring a civil action to recover actual and punitive damages and attorney's fees.
Title XLVII: Correctional Job Training and Placement - Office of Correctional Job Training and Placement Act of 1993 - Directs the Attorney General to establish within DOJ an Office of Correctional Job Training and Placement to assist in activities such as coordinating correctional job training or placement programs of DOJ or the Department of Labor, providing technical assistance to certain State and local employment and training agencies, providing outreach to State job training coordinating councils and private industry councils with respect to such programs, and collecting and disseminating information from States and local governments on the development and implementation of such programs.
Title XLVIII: Police Partnerships for Children - Police Partnerships for Children Act of 1993 - Directs the Attorney General, subject to the availability of appropriations, to award grants to eligible LEAs for the establishment of law enforcement and child and family services partnership programs, giving priority to an LEA that is engaged in community-based policing and intends to target such LEA's programs at disadvantaged communities. Authorizes the Attorney General to award additional grant amounts to enable an LEA to provide mentoring or conflict resolution services. Sets forth provisions regarding: (1) the Federal share; (2) grant duration; (3) application requirements; (4) training and technical assistance; and (5) evaluation and reports. Authorizes appropriations.
Title XLIX: National Community Economic Partnership - National Community Economic Partnership Act of 1993 - Subtitle A: 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. 4912) Sets forth requirements relating to such revolving loan funds, including: (1) 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 (with exceptions); and (4) local and private sector contributions.
(Sec. 4913) 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.
Subtitle B: Emerging Community Development Corporations - Establishes a program for emerging CDCs. Directs the Secretary to award skill enhancement grants and operating grants to CDCs.
(Sec. 4922) 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.
Subtitle C: Miscellaneous Provisions - Authorizes appropriations for: (1) the community economic partnership investment funds program; and (2) the emerging CDCs program demonstration program. Prohibits funds authorized under this Act from being used to finance the construction of housing.
Title L: Deportation of Aliens Convicted of Crimes - Criminal Aliens Deportation Act of 1993 - Amends the Immigration and Nationality Act to expand the definition of "aggravated felony."
(Sec. 5002) Provides for the expedited deportation of aliens convicted of aggravated felonies. Authorizes U.S. district courts, upon the Attorney General's request, to issue a deportation order at such an alien's sentencing.
(Sec. 5004) Restricts certain deportation defenses. Enhances penalties for failing to depart, or reentering, after a final deportation order.
(Sec. 5007) Directs the Commissioner of Immigration and Naturalization to operate a criminal alien tracking center to assist Federal, State, and local LEAs in identifying and locating aliens who may be subject to deportation by reason of their conviction of aggravated felonies. Authorizes appropriations.
Title LI: General Provisions - 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, if such prisoner is serving a sentence 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 Bureau determines that, during that year, the prisoner has displayed exemplary compliance with institutional disciplinary regulations.
(Sec. 5102) Prohibits: (1) the payment of Federal benefits to aliens; and (2) any alien who has not been granted employment authorization pursuant to Federal law from Federal or State unemployment benefits.
(Sec. 5103) Amends: (1) 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, limited to situations where such remedies are in substantial compliance with specified minimum acceptable standards); and (2) the Federal judicial code to authorize the court, in a proceeding in forma pauperis, to dismiss the case if satisfied that the action fails to state a claim upon which relief can be granted.
(Sec. 5104) Amends the Federal judicial code to provide that a current or former DOJ attorney, agent, or employee who supervises an agent who is the subject of a criminal or disciplinary investigation arising out of acts performed in the discharge of duties in prosecuting or investigating a criminal matter, who is not provided representation under DOJ regulations, shall be entitled to reimbursement of reasonable attorney's fees incurred during and as a result of the investigation if the investigation does not result in adverse action against such attorney, agent, or employee. Sets forth: (1) an analogous provision regarding Federal public defenders; and (2) procedures for reimbursement of attorney's fees.
(Sec. 5105) Authorizes the Attorney General to convene a law enforcement task force in Hawaii to facilitate the prosecution of violations of Federal and Hawaii laws relating to the wrongful conveyance, sale, or introduction of nonindigenous plant and animal species. Sets penalties for knowingly mailing nonmailable injurious animals, plant pests, plants, and illegally taken fish, wildlife, and plants.
(Sec. 5106) Expresses the sense of the Senate that: (1) the United States should encourage the development of a United Nations (UN) Convention on Organized Crime; and (2) the UN should provide significant additional resources to the Commission on Crime Prevention and Criminal Justice, consider an expansion of the Commission's role and authority, and seek a cohesive approach to the international organized crime problem.
(Sec. 5107) Requires the Director of the National Institute of Corrections, subject to the availability of appropriations, to establish a task force on prison construction standardization and techniques.
(Sec. 5108) Directs the Attorney General to report to the Congress and the President on efforts made, and the success of such efforts, to recruit and hire former Royal Hong Kong Police officers into Federal law enforcement positions.
(Sec. 5109) Amends the Federal criminal code to prohibit knowingly transmitting in interstate or foreign commerce information to be used for the purpose of procuring a lottery ticket, subject to certain requirements and exceptions.
(Sec. 5110) Amends the Immigration and Nationality Act to: (1) set forth procedures applicable whenever the Attorney General certifies under seal to a special court that an alien terrorist is physically present in the United States, removal of such terrorist by deportation proceedings would pose a risk to national security because such proceedings would disclose classified information, and the Attorney General or Deputy Attorney General has approved a special proceeding under this section; and (2) direct the Chief Justice of the United States to publicly designate up to seven judges from up to seven U.S. judicial districts to hear and decide such cases.
(Sec. 5111) Amends the Federal criminal code to require the court to sentence a defendant convicted for a Federal violent felony to life imprisonment if the defendant has been convicted of a violent felony on two or more prior occasions. Specifies that this provision shall not preclude imposition of the death penalty.
(Sec. 5112) Directs the Attorney General: (1) in administering each grant program funded by appropriations authorized by this Act, to encourage innovative methods for the low-cost construction and operation of facilities to be constructed, converted, or expanded and the reduction of administrative costs and overhead expenses, and to give priority to the use of surplus Federal property; and (2) to assess the cost efficiency and utility of using modular, prefabricated, precast, and pre-engineered construction components and designs for housing nonviolent criminals. Expresses the sense of the Congress that in providing assistance to State and local governments the Attorney General should emphasize the provision of technical assistance in implementing methods to promote cost efficiency and realization of savings.
(Sec. 5113) Amends: (1) the Social Security Act to restrict payment of benefits to individuals confined by court order to public institutions pursuant to verdicts of not guilty by reason of insanity or other mental disorder; (2) the Federal criminal code to exclude from the definition of "parent" any person whose parental rights as to the victim of kidnaping offense have been terminated by a final court order; and (3) the Omnibus Act to include 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 among permissible uses of drug control and system improvement grant funds.
(Sec. 5116) Amends the Federal criminal code to require the parents or legal guardians of any juvenile charged with a violation of Federal law to attend all court proceedings involving the juvenile. Permits: (1) the parents or legal guardians of a juvenile convicted of a Federal criminal offense to be liable to the United States for a civil penalty of up to $10,000, with exceptions; and (2) a parent or legal guardian ordered to pay a civil penalty to petition the court to perform such community service or attend and successfully complete parenting classes, as the court deems appropriate, in lieu of the civil penalty.
(Sec. 5117) Amends: (1) the State Department Basic Authorities Act to authorize the admission of an alien (or members of such alien's immediate family) into the United States without regard to the requirements of the Immigration and Nationality Act, where the Secretary to State and Attorney General jointly determine that protection of such alien requires admission based on information justifying a reward under the counterterrorism rewards program, subject to specified conditions; and (2) the Immigration and Nationality Act to extend the period of deportation for an alien provided lawful permanent resident status for conviction of a crime.
(Sec. 5118) 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 throughout a State or a 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: (1) procedures and requirements for declaration of an emergency; (2) irrelevancy of population density in determining whether an emergency exists; and (3) forms and duration of Federal assistance.
(Sec. 5119) Requires State and local officials, at the request of any authorized Immigration and Naturalization Service (INS) official, to provide information regarding the identification, location, arrest, prosecution, detention, and deportation of an alien or aliens who are not lawfully present in the United States. Makes States or local governments or agencies identified in a report by the Attorney General as having a policy or practice of refusing to cooperate with the INS on such matters ineligible for Federal funds under this Act as long as such policy or practice remains in effect.
(Sec. 5120) Amends the National Literacy Act of 1991 to authorize: (1) the Secretary of Education to consult with the convene a panel of experts in correctional education to develop measures for evaluating the effectiveness of programs funded under such Act and to evaluate the effectiveness of such programs; and (2) the use of specified funds to carry out grant-related activities, such as monitoring, technical assistance, and replication and dissemination.
(Sec. 5121) Directs the Attorney General to: (1) develop and disseminate to appropriate entities guidelines for the prevention, diagnosis, treatment, and followup care of tuberculosis among inmates of correctional institutions and persons held in holding facilities operated by or under contract with the INS; (2) ensure that prisons in the Federal prison system and that such holding facilities comply with the guidelines; and (3) make grants to State and local correction and public health authorities to assist in establishing and operating programs for the prevention, diagnosis, treatment, and followup care of tuberculosis among inmates of correctional institutions. Limits the Federal share to 50 percent. Authorizes appropriations.
(Sec. 5122) Amends the Family Violence Prevention and Services Act to direct the Secretary of HHS 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. Authorizes appropriations.
(Sec. 5123) Amends: (1) the Hate Crimes Statistics Act to include crimes based on disability among the data to be acquired by the Attorney General; and (2) the Immigration and Nationality Act to increase penalties for document fraud and misuse of visas, permits, and other documents.
(Sec. 5125) Directs the Attorney General to: (1) study ways in which antiloitering laws can be used, without violating citizens' constitutional rights, to eradicate open-air drug markets and other blatant criminal activity; (2) prepare a model antiloitering statute and guidelines for enforcing the statute; and (3) make the results of the study and the model statute and guidelines available to Federal, State, and local law enforcement authorities.
(Sec. 5216) Amends: (1) the Victims of Child Abuse Act of 1990 to authorize appropriations for the court-appointed special advocate program and 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, authorize such grants to units of local government and other public and private organizations (currently, to States and units of local government), and repeal certain provisions regarding allocation and distribution of funds under formula grants.
(Sec. 5127) Designates the first day of May of each year as "Law Day U.S.A." Acknowledges the devoted service of law enforcement personnel.
(Sec. 5128) Amends: (1) the Omnibus Act to permit funds appropriated for the activities of any agency of an Indian tribal government or the U.S. Government performing law enforcement functions on Indian lands to be used to provide the non-Federal share of the cost of programs or projects funded under title I of such Act; and (2) the Social Security Act to direct the Secretary of HHS to enter into an agreement with the Attorney General under which the services of the Parent Locator Service established under such Act shall be made available, without charge, to the Office of Juvenile Justice and Delinquency Prevention upon its request for the purposes of locating any parent or child on behalf of such Office.
(Sec. 5130) Directs the Sentencing Commission to promulgate, or amend existing, guidelines to provide that a defendant age 18 or older who has been convicted of an offense shall receive an appropriate sentence enhancement if the defendant involved a minor in the commission of the offense.
(Sec. 5131) Expresses the sense of the Congress with respect to the asylum process and reform of the immigration, refugee, and asylum laws.
(Sec. 5132) Authorizes additional appropriations for the Federal judiciary, DOJ, the FBI, and U.S. Attorneys.
(Sec. 5133) Specifies that funds: (1) appropriated for the activities of any agency of an Indian tribal government or the U.S. Government performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of the cost of programs or projects funded under this title; and (2) made available to Indian tribal governments shall not be used to supplant funds supplied by the Department of the Interior, but shall be used to increase the amount of funds that would, in the absence of Federal funds received under this Act, be made available from funds supplied by such Department.
(Sec. 5134) Amends the Federal Deposit Insurance Act to provide that: (1) the applicable statute of limitations with regard to any action in tort brought by the Resolution Trust Corporation (RTC) in its capacity as conservator or receiver of a failed savings association shall be the longer of the five-year period beginning on the date the claim accrues or the period applicable under State law; and (2) the Federal Deposit Insurance Corporation, as successor to the RTC, shall have the right to pursue any tort action that was properly brought by the RTC prior to the RTC's termination.
(Sec. 5135) Amends the Higher Education Act of 1965 to prohibit the award of Pell grants to any individual incarcerated in a Federal, State, or local penal institution.
(Sec. 5136) Authorizes the Attorney General, subject to the availability of appropriations and at the request of a State or political subdivision of a State, to: (1) take custody of a criminal alien who has been convicted of a felony and is incarcerated in a State or local correctional facility, and provide for the imprisonment of such alien in a Federal prison in accordance with the sentence of the State court; or (2) enter into a contractual arrangement with the State or local government to compensate the State or local government for incarcerating alien criminals for the duration of their sentences.
(Sec. 5137) Directs the Attorney General, subject to the availability of appropriations, 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 the provisions of this Act. Requires grant recipients under this section to keep such records as the Director of the BJA may require to facilitate an effective audit. Authorizes appropriations.
(Sec. 5138) Directs the FBI to report to the Congress regarding how it can accelerate and improve Federal and State automatic fingerprint systems to identify more criminal suspects more quickly and effectively.
(Sec. 5139) Amends the Federal criminal code to prohibit a Federal court from: (1) 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; and (2) 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. Requires each Federal court or consent decree seeking to remedy an eighth amendment violation to be reopened at the behest of a defendant for recommended modification at a minimum of two-year intervals.
(Sec. 5140) Amends the FVPSA to direct the Secretary of HHS 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. Authorizes appropriations.
(Sec. 5141) Expresses the sense of the Senate that: (1) local law enforcement must remain the sole prerogative of local government under their respective jurisdictions and authorities; and (2) one way of providing more funds to units of local government for law enforcement is to aggressively address the issue of unfunded Federal mandates.
(Sec. 5142) Community Schools Youth Services and Supervision Grant Program Act of 1993 - Expresses the sense of the Congress that: (1) public-private partnerships between government and community-based organizations offer an opportunity to empower distressed and disconnected communities, forge innovative solutions, and create environments where children grow up learning a healthy respect for themselves, neighbors, and their communities; (2) increased resources should be invested in public-private partnerships; and (3) community-based organizations, acting through such partnerships, should provide year-round supervised sports, extracurricular and academic programs for children in the communities, promoting positive character development.
Establishes an Ounce of Prevention Council which shall allocate grants to eligible community-based organizations in each State, based on a formula taking into account the number of children in the State who are from families with incomes below the poverty line, for specified uses consistent with such goals. Sets forth program requirements. Authorizes appropriations.
(Sec. 5143) Authorizes such Council to make a grant to the U.S. Olympic Committee for the purpose of establishing Olympic Youth Development Centers and carrying out programs through such centers, subject to specified requirements. Authorizes appropriations.
(Sec. 5144) Amends the Immigration and Nationality Act to grant the Attorney General authority to release certain confidential information relating to aliens for criminal law enforcement purposes and for purposes of permitting a coroner to identify a deceased individual.
(Sec. 5145) Expresses the sense of the Senate that: (1) executive branch departments and agencies having properties or resources to devote to a project to make such properties or resources available to programs for children and youth are urged to act cooperatively in the establishment and ongoing support of such programs; and (2) a nationwide network of small, specialized, residential or nonresidential programs, principally operated by the private sector, under State or local control, and Federal approval and supervision should be established and supported.
(Sec. 5146) Revises bankruptcy fraud provisions, including increasing the fine with respect to a person who, being a custodian, trustee, marshal, or other officer of the court, knowingly: (1) purchases property of the estate of which the person is such an officer in a case under title 11; and (2) refuses to permit a reasonable opportunity for inspection by parties in interest (currently, for inspection) of the documents and accounts relating to the affairs of estates in the person's charge by parties when directed by the court to do so. Includes within such provision any such person who refuses to permit a reasonable opportunity for the inspection by the U.S. Trustee of the documents and accounts relating to the affairs of an estate in the person's charge. Sets penalties for: (1) bankruptcy petition preparers under specified circumstances; and (2) a person who, having devised or intending to devise a scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretense, representation, or promise, for the purpose of executing or concealing such a scheme or artifice or attempting to do so, files a petition under title 11, files a document in a proceeding under such title, or makes a false or fraudulent representation, claim, or promise concerning or in relation to a proceeding under such title, at any time before or after the filing of the petition, or in relation to a proceeding falsely asserted to be pending under that title. Excludes bankruptcy fraud from the definition of "racketeering activity" for purposes of the RICO Act.
(Sec. 5147) Authorizes the Administrator of the Office of Juvenile Justice and Delinquency Prevention to award to a State meeting specified requirements (with respect to the withholding or revocation of the issuance of the drivers license of persons found in possession of a handgun on the premises of an elementary or secondary school) additional grant funds, from funds reserved for the special discretionary fund.
(Sec. 5148) Expresses the sense of the Senate that the Secretary of HHS should: (1) prepare an analysis of the causes of the increase in out-of-wedlock births and determine whether there is any historical precedent for such increase, as well as any equivalent among foreign nations; and (2) report to the Congress with an analysis of the problem, its causes, and possible remedial measures that could be taken.
(Sec. 5149) Prohibits the expansion of the existing prison facilities and complex at the District of Columbia Corrections Facility at Lorton in Virginia without congressional approval. Provides for congressional hearings prior to any such approval.
(Sec. 5150) Amends: (1) the National Narcotics Leadership Act of 1988 to extend the termination date of the Office of National Drug Control Policy to September 30, 1994, and to authorize the Director of such office to select, appoint, employ, and fix compensation of (as under current law), subject to the availability of appropriations, of not less than 75 and such additional, such officers and employees as necessary to carry out the functions of the office; (2) an Act relating to the policing of the building and grounds of the Supreme Court to extend certain authority under such Act until December 29, 1996; and (3) the Federal judicial code to extend to full-time status of members of the Sentencing Commission.
(Sec. 5153) Expresses the sense of the Senate that: (1) all able-bodied Federal prison inmates should work; and (2) the Attorney General shall report to the Congress by March 31, 1994, describing a strategy for employing more Federal prison inmates.
(Sec. 5154) Amends the Federal criminal code to: (1) require that a defendant who has been convicted for the first time of a domestic violence crime be sentenced to a term of probation if not sentenced to a term of imprisonment; (2) direct the court to require, as an explicit condition of a sentence of probation for such crime, that the defendant attend a court-approved public, private, or private non-profit program that has been authorized by that State Coalition Against Domestic Violence and which is designed to rehabilitate such a defendant if an approved program is readily available within a 50-mile radius of the legal residence of the defendant; (3) authorize the court, in imposing a sentence to a term of imprisonment for such crime, to include as part of the sentence a requirement that the defendant be placed on a term of supervised release after imprisonment; and (4) direct the court to order, as an explicit condition of supervised release for a defendant convicted for the first time of a domestic violence crime, that the defendant attend such a program.
(Sec. 5155) 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 that accrued between the date of the violation giving rise to the forfeiture and the date of the forfeiture order.
(Sec. 5157) Amends the Federal criminal code to permit the surrender of persons who have committed crimes of violence against U.S.
nationals in foreign countries without regard to the existence of any extradition treaty with such foreign government if the Attorney General certifies in writing that evidence has been presented by the foreign government which indicates that had the offenses been committed in the United States they would constitute crimes of violence and that the offenses charged are not of a political nature.
(Sec. 5158) Amends the Immigration and Nationality Act to: (1) specify that an applicant for asylum is not entitled to engage in employment in the United States; and (2) allow the Attorney General to authorize an alien who has filed such an application to engage in such employment, in the Attorney General's discretion, and to provide for the expedited deportation of asylum applicants whose applications have been finally denied unless the applicant remains in an otherwise valid nonimmigrant status. Authorizes appropriations.
(Sec. 5159) Authorizes to be appropriated such sums as necessary: (1) to increase the INS's resources for the border patrol and the inspections program to apprehend illegal aliens who attempt clandestine entry into the United States or entry into the United States with fraudulent documents; and (2) in FY 1995 to construct or contract for the construction of two INS Service Processing Centers to detain criminal aliens, and in FY 1996 for two additional Centers.
(Sec. 5160) Authorizes the Attorney General, subject to the availability of appropriations, to expand a program authorized by the Immigration and Nationality Act to ensure that certain aliens are immediately deportable upon their release from incarceration. Authorizes appropriations.
(Sec. 5162) Amends the Federal judicial code to require each assistant U.S. attorney to reside in the district for which he or she is appointed or within 50 miles thereof.
(Sec. 5163) Authorizes appropriations for the Department of the Treasury, including sums: (1) the Bureau of Alcohol, Tobacco and Firearms for hiring, training, and equipping of no less than 200 full-time equivalent agent positions for the investigation of the trafficking of guns to juveniles and gangs and the tracing of firearms used in the commission of violent crimes, and for no less than 100 full-time equivalent inspector positions for the firearms compliance program and dealer policing activities; and (2) the U.S. Secret Service for the hiring, training, and equipping of additional full-time equivalent positions to supplement current investigative authorities. Directs the Secretary of the Treasury to establish no less than 50 Gang Resistance Education and Training projects.
(Sec. 5164) 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 Order 12839 and other executive memoranda mandating reductions in the Federal work force.
(Sec. 5165) Directs the Attorney General to: (1) review the capacity of the facilities of the Bureau of Prisons, the number of inmates in those facilities, and the characteristics of those inmates relative to their likelihood of criminal behavior, (especially violent criminal behavior) if released from custody under supervision; (2) review the standards for construction and operation of State and local corrections facilities contained in specified publications; and (3) report to the Congress, including recommendations for administrative and congressional initiatives to release space in the Bureau of Prisons for occupancy by inmates transferred from State correctional facilities and to modify standards for construction and operation of local and State correctional facilities.
(Sec. 5166) Directs 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 to assure coordination of programs, eliminate duplication of efforts, and enhance the effectiveness of such services.
(Sec. 5167) Allows grants authorized in this Act to reduce or prevent juvenile drug and gang-related activity in public housing to be used for such purposes in federally assisted, low-income housing.
(Sec. 5168) Amends the Federal criminal code to define "armor piercing ammunition" to mean (with exceptions): (1) a projectile or projectile core which may be used in a handgun and which is constructed entirely (excluding the presence of traces of other substances) from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium, copper, or depleted uranium; or (2) a jacketed projectile larger than .22 caliber designed and intended for use in a handgun and whose jacket has a weight of more than 25 percent of the total weight of the projectile.