102ND CONGRESS; 1ST SESSION
IN THE SENATE OF THE UNITED STATES
AS INTRODUCED IN THE SENATE
S. 618
1991 S. 618
SYNOPSIS:
A BILL
To control and reduce violent crime.
DATE OF INTRODUCTION: MARCH 12, 1991
DATE OF VERSION: MARCH 15, 1991 -- VERSION: 1
SPONSOR(S):
Mr. BIDEN (for himself and Mr. DECONCINI) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
TEXT:
A BILL
To control and reduce violent crime.
* Be it enacted by the Senate and House of Representatives of the United*
*States of America in Congress assembled, *
SECTION 1. SHORT TITLE.
This Act may be cited as the "Violent Crime Control Act of 1991".
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I-SAFER STREETS AND NEIGHBORHOODS
Sec. 101. Short title.
Sec. 102. Grants to State and local agencies.
TITLE II-DEATH PENALTY
Sec. 201. Short title.
Sec. 202. Constitutional procedures for the imposition of the sentence of
death.
Sec. 203. Specific offenses for which death penalty is authorized.
Sec. 204. Applicability to uniform code of military justice.
Sec. 205. Death penalty for murder by a Federal prisoner.
Sec. 206. Death penalty for civil rights murders.
Sec. 207. Racial Justice Act of 1991.
TITLE III-DEATH PENALTY FOR MURDER OF LAW ENFORCEMENT OFFICER ACT
Sec. 301. Death penalty for the murder of Federal law enforcement
officials.
Sec. 302. Death penalty for the murder of State officials assisting
Federal law enforcement officials.
TITLE IV-DEATH PENALTY FOR DRUG CRIMINALS ACT
Sec. 401. Short title.
Sec. 402. Death penalty for certain drug criminals.
Sec. 403. Drug distribution conspiracies.
Sec. 404. Drug import and export conspiracies.
Sec. 405. Drug distribution to minors or by employing minors.
Sec. 406. Export and import of major drug quantities.
Sec. 407. Distribution of major drug quantities.
TITLE V-PREVENTION AND PUNISHMENT OF TERRORIST ACTS
Sec. 501. Short title.
Subtitle A-Punishing Domestic and International Terrorist Acts
PART I-TERRORIST DEATH PENALTY ACT OF 1991
Sec. 511. Short title.
Sec. 512. Terrorist death penalty offense: terrorist acts abroad.
PART II-TERRORIST ACTS COMMITTED IN THE UNITED STATES
Sec. 521. Criminal offense for domestic terrorist acts.
PART III-INCREASING PENALTIES FOR INTERNATIONAL TERRORIST ACTS
Sec. 531. Penalties for international terrorist acts.
Sec. 532. Clerical amendments.
Subtitle B-Preventing Domestic and International Terrorist Acts
PART I-ATTACKING THE INFRASTRUCTURE OF TERRORIST ORGANIZATIONS
Sec. 541. Providing material support to terrorists.
Sec. 542. Forfeiture of assets used to support terrorists.
PART II-ELECTRONIC COMMUNICATIONS
Sec. 545. Cooperation of telecommunications providers with law
enforcement.
PART III-COOPERATION OF WITNESSES IN TERRORIST INVESTIGATIONS
Sec. 551. Short title.
Sec. 552. Alien witness cooperation.
Sec. 553. Conforming amendment.
Subtitle C-Preventing Aviation Terrorism
Sec. 561. Preventing acts of terrorism against civilian aviation.
Subtitle D-Preventing Economic Terrorism
Sec. 571. Counterfeiting U.S. currency abroad.
Sec. 572. Economic Terrorism Task Force.
Subtitle E-Authorizations to Expand Counter-Terrorist Operations by
Federal Agencies
Sec. 581. Authorization of appropriations.
TITLE VI-DRIVE-BY-SHOOTING ACT
Sec. 601. Short title.
Sec. 602. New offense for the indiscriminate use of weapons to further
drug conspiracies.
TITLE VII-ASSAULT WEAPONS
Sec. 701. Short title.
Sec. 702. Unlawful acts.
Sec. 703. Definitions.
Sec. 704. Secretary to recommend designation as assault weapon.
Sec. 705. Enhanced penalties.
Sec. 706. Disability.
Sec. 707. Study by Attorney General.
Sec. 708. Sunset provision.
TITLE VIII-POLICE CORPS AND LAW ENFORCEMENT TRAINING AND EDUCATION ACT
Sec. 801. Short title.
Sec. 802. Purposes.
Sec. 803. Establishment of office of the police corps and law enforcement
education.
Sec. 804. Designation of lead agency and submission of State plan.
Subtitle A-Police Corps Program
Sec. 811. Definitions.
Sec. 812. Scholarship assistance.
Sec. 813. Selection of participants.
Sec. 814. Police corps training.
Sec. 815. Service obligation.
Sec. 816. State plan requirements.
Sec. 817. Authorization of appropriations.
Subtitle B-Law Enforcement Scholarship Program
Sec. 821. Definitions.
Sec. 822. Allotment.
Sec. 823. Program established.
Sec. 824. Scholarships.
Sec. 825. Eligibility.
Sec. 826. State plan requirements.
Sec. 827. Local application.
Sec. 828. Scholarship agreement.
Sec. 829. Authorization of appropriations.
Subtitle C-Reports
Sec. 831. Reports to Congress.
TITLE IX-FEDERAL LAW ENFORCEMENT AGENCIES
Sec. 901. Short title.
Sec. 902. Authorization for Federal law enforcement agencies.
TITLE X-HABEAS CORPUS REFORM ACT
Sec. 1001. Short title.
Sec. 1002. Special habeas corpus procedures in capital cases.
Sec. 1003. Law controlling in Federal habeas corpus proceedings.
TITLE XI-PUNISHMENT OF GUN CRIMINALS
Sec. 1101. Short title.
Sec. 1102. Death penalty for gun murders.
Sec. 1103. Increased penalties for violent gun crimes.
Sec. 1104. Sentencing guidelines for new penalties.
Sec. 1105. Possession of an explosive during the commission of a felony.
Sec. 1106. Increased penalty for knowingly false, material statement in
connection with the acquisition of a firearm from a licensed dealer.
Sec. 1107. Clarification of penalty enhancement.
Sec. 1108. Penalties for improper transfer, stealing firearms, or
smuggling a firearm in drug-related offense.
Sec. 1109. Theft of firearms and explosives.
Sec. 1110. Bar on sale of firearms and explosives to or possession of
firearms and explosives by persons convicted of a violent or serious drug
misdemeanor.
Sec. 1111. Permitting consideration of pretrial detention for certain
firearms and explosives offenses.
Sec. 1112. Disposition of forfeited firearms.
Sec. 1113. Clarification of "burglary" under the armed career criminal
statute.
Sec. 1114. Clarification of definition of conviction.
TITLE XII-PRISON FOR VIOLENT DRUG OFFENDERS
Sec. 1201. Regional prisons.
TITLE XIII-BOOT CAMPS
Sec. 1301. Boot camps.
TITLE XIV-YOUTH VIOLENCE ACT
Subtitle A-Increasing Penalties for Employing Children to Distribute
Drugs Near Schools and Playgrounds
Sec. 1401. Strengthening Federal penalties.
Subtitle B-Antigang Grants
Sec. 1411. Grant program.
Sec. 1412. Conforming amendments.
Sec. 1413. Treatment of violent juveniles as adults.
Sec. 1414. Serious drug offenses by juveniles as Armed Career Criminal
Act predicates.
TITLE XV-RURAL CRIME AND DRUG CONTROL ACT
Subtitle A-Fighting Drug Trafficking in Rural Areas
Sec. 1501. Authorizations for rural law enforcement agencies.
Sec. 1502. Rural drug enforcement task forces.
Sec. 1503. Cross-designation of Federal officers.
Sec. 1504. Rural drug enforcement training.
Subtitle B-Increasing Penalties for Certain Drug Trafficking Offenses
Sec. 1511. Short title.
Sec. 1512. Strengthening Federal penalties.
Subtitle C-Rural Drug Prevention and Treatment
Sec. 1521. Rural substance abuse treatment and education grants.
Sec. 1522. Clearinghouse program.
Subtitle D-Rural Land Recovery Act
Sec. 1531. Director of rural land recovery.
Sec. 1532. Assets forfeiture.
Sec. 1533. Prosecution of clandestine laboratory operators.
TITLE XVI-DRUG EMERGENCY AREAS ACT OF 1991
Sec. 1601. Short title.
Sec. 1602. Drug emergency areas.
TITLE XVII-DRUNK DRIVING CHILD PROTECTION ACT
Sec. 1701. Short title.
Sec. 1702. State laws applied in areas of Federal jurisdiction.
Sec. 1703. Common carriers.
TITLE XVIII-COMMISSION ON CRIME AND VIOLENCE
Sec. 1801. Establishment of commission.
Sec. 1802. Purpose.
Sec. 1803. Responsibilities of the commission.
Sec. 1804. Commission members.
Sec. 1805. Administrative provisions.
Sec. 1806. Report.
Sec. 1807. Termination.
TITLE XIX-PROTECTION OF CRIME VICTIMS
Sec. 1901. Short title.
Sec. 1902. Victims' rights.
Sec. 1903. Services to victims.
Sec. 1904. Amendment of restitution provisions.
Sec. 1905. Amendment of bankruptcy code.
TITLE XX-CRACK HOUSE EVICTION ACT
Sec. 2001. Eviction from places maintained for manufacturing,
distributing, or using controlled substances.
Sec. 2002. Use of civil injunctive remedies, forfeiture sanctions, and
other remedies against drug offenders.
TITLE XXI-ORGANIZED CRIME AND DANGEROUS DRUGS DIVISION
Subtitle A-Establishment of an Organized Crime and Dangerous Drugs
Division in the Department of Justice
Sec. 2101. Short title.
Sec. 2102. Findings.
Sec. 2103. Purposes.
Sec. 2104. Establishment of organized crime and dangerous drugs division.
Sec. 2105. Assistant Attorney General for organized crime and dangerous
drugs.
Sec. 2106. Deputy Assistant Attorney General.
Sec. 2107. Administrative organization of the division.
Sec. 2108. Coordination and enhancement of field activities.
Subtitle B-International Prosecution Teams
Sec. 2111. International prosecution teams.
TITLE XXII-EXCLUSIONARY RULE
Sec. 2201. Searches and seizures pursuant to an invalid warrant.
TITLE XXIII-DRUG TESTING
Sec. 2301. Federal prisoner drug testing.
TITLE I-SAFER STREETS AND NEIGHBORHOODS
SEC. 101. SHORT TITLE.
This title may be cited as the "Safer Streets and Neighborhoods Act of
1991".
SEC. 102. GRANTS TO STATE AND LOCAL AGENCIES.
Paragraph (5) of section 1001(a0 of part J of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 is amended to read as follows:
Crime Control and Safe Streets Act of 1968 is amended to read as follows:
"(5) There are authorized to be appropriated $ 1,000,000,000 for
fiscal year 1992 and such sums as may be necessary in fiscal years
1993 and 1994 to carry out the programs under parts D and E of this
title.".
SEC. 103. CONTINUATION OF FEDERAL STATE FUNDING FORMULA.
Section 504(a)(1) of part E of title I of the Omnibus Crime Control and
Safe Streets Act of 1968, as amended by section 211 of the Department of
Justice Appropriations Act, 1990 (Public Law 101-162) and section 601 of
the Crime Control Act of 1990 (Public Law 101-647), is amended by
striking "1991" and inserting in lieu thereof "1992".
TITLE II-DEATH PENALTY
SEC. 201. SHORT TITLE.
This title may be cited as the "Federal Death Penalty Act of 1991".
SEC. 202. CONSTITUTIONAL PROCEDURES FOR THE IMPOSITION OF THE SENTENCE OF
DEATH.
(a) IN GENERAL.-Part II of title 18 of the United States Code is
amended by adding the following new chapter after chapter 227:
"CHAPTER 228-DEATH SENTENCE
"Sec.
"3591. Sentence of death.
"3592. Mitigating and aggravating factors to be considered in determining
whether a sentence of death is justified.
"3593. Special hearing to determine whether a sentence of death is
justified.
"3594. Imposition of a sentence of death.
"3595. Review of a sentence of death.
"3596. Implementation of a sentence of death.
"3597. Use of State facilities.
"3598. Special provisions for Indian country.
"3591. Sentence of death authorized
"A defendant who has been found guilty of-
"(1) an offense described in section 794 or section 2381 of this
title;
"(2) an offense described in section 1751(c) of this title, if the
offense, as determined beyond a reasonable doubt at the hearing under
section 3593, constitutes an attempt to kill the President of the
United States and results in bodily injury to the President or comes
dangerously close to causing the death of the President; or
"(3) any other offense for which a sentence of death is provided,
if the defendant, as determined beyond a reasonable doubt at the
hearing under section 3593-
"(A) intentionally killed the victim;
"(B) intentionally inflicted serious bodily injury that
resulted in the death of the victim;
"(C) intentionally participated in an act, contemplating that
the life of a person would be taken or intending that lethal
force would be used in connection with a person, other than one
of the participants in the offense, and the victim died as a
direct result of the act; or
"(D) intentionally and specifically engaged in an act, knowing
that the act created a grave risk of death to a person, other
than one of the participants in the offense, such that
participation in the act constituted a reckless disregard for
human life and the victim died as a direct result of the act,
shall be sentenced to death if, after consideration of the factors set
forth in section 3592 in the course of a hearing held pursuant to section
3593, it is determined that imposition of a sentence of death is
justified, except that no person may be sentenced to death who was less
than 18 years of age at the time of the offense.
"3592. Mitigating and aggravating factors to be considered in determining
whether a sentence of death is justified
"(a) MITIGATING FACTORS.-In determining whether a sentence of death is
to be imposed on a defendant, the finder of fact shall consider any
mitigating factor, including the following:
"(1) IMPAIRED CAPACITY.-The defendant's capacity to appreciate the
wrongfulness of the defendant's conduct or to conform conduct to the
requirements of law was significantly impaired, regardless of whether
the capacity was so impaired as to constitute a defense to the
charge.
"(2) DURESS.-The defendant was under unusual and substantial
duress, regardless of whether the duress was of such a degree as to
constitute a defense to the charge.
"(3) MINOR PARTICIPATION.-The defendant is punishable as a
principal (as defined in section 2 of title 18 of the United States
Code) in the offense, which was committed by another, but the
defendant's participation was relatively minor, regardless of whether
the participation was so minor as to constitute a defense to the
charge.
"(4) FORSEEABILITY.-The defendant could not reasonably have
foreseen that the defendant's conduct in the course of the commission
of murder, or other offense resulting in death for which the
defendant was convicted, would cause, or would create a grave risk of
causing, death to any person.
"(5) YOUTH.-The defendant was youthful, although not under the age
of 18.
"(6) NO PRIOR CRIMINAL RECORD.-The defendant did not have a
significant prior criminal record.
"(7) DISTURBANCE.-The defendant committed the offense under severe
mental or emotional disturbance.
"(8) OTHER DEFENDANTS.-Another defendant or defendants, equally
culpable in the crime, will not be punished by death.
"(9) VICTIM'S CONSENT.-The victim consented to the criminal conduct
that resulted in the victim's death.
"(10) OTHER FACTORS.-Other factors in the defendant's background or
character that mitigate against imposition of the death sentence.
"(b) AGGRAVATING FACTORS FOR ESPIONAGE AND TREASON.-In determining
whether a sentence of death is justified for an offense described in
section 3591(1), the jury, or if there is no jury, the court, shall
consider each of the following aggravating factors and determine which,
if any, exist:
"(1) PRIOR ESPIONAGE OR TREASON OFFENSE.-The defendant has
previously been convicted of another offense involving espionage or
treason for which either a sentence of life imprisonment or death was
authorized by law.
"(2) GRAVE RISK TO NATIONAL SECURITY.-In the commission of the
offense the defendant knowingly created a grave risk of substantial
danger to the national security.
"(3) GRAVE RISK OF DEATH.-In the commission of the offense the
defendant knowingly created a grave risk of death to another person.
The jury, or if there is no jury, the court, may consider whether any
other aggravating factor exists.
"(c) AGGRAVATING FACTORS FOR HOMICIDE AND FOR ATTEMPTED MURDER OF THE
PRESIDENT.-In determining whether a sentence of death is justified for an
offense described in section 3591 (2) or (3), the jury, or if there is no
jury, the court, shall consider each of the following aggravating factors
and determine which, if any, exist:
"(1) DEATH DURING COMMISSION OF ANOTHER CRIME.-The death, or injury
resulting in death, occurred during the commission or attempted
commission of, or during the immediate flight from the commission of,
an offense under section 751 (prisoners in custody of institution or
officer), section 794 (gathering or delivering defense information to
aid foreign government), section 844(d) (transportation of explosives
in interstate commerce for certain purposes), section 844(f)
(destruction of Government property in interstate commerce by
explosives), section 1118 (prisoners serving life term), section 1201
(kidnaping), or section 2381 (treason) of this title, or section 902
(i) or (n) of the Federal Aviation Act of 1958, as amended (49 U.S.C.
1472 (i) or (n)) (aircraft piracy).
"(2) PREVIOUS CONVICTION OF OFFENSE FOR WHICH A SENTENCE OF DEATH
OR LIFE IMPRISONMENT WAS AUTHORIZED.-The defendant has previously
been convicted of another Federal or State offense resulting in the
death of a person, for which a sentence of life imprisonment or a
sentence of death was authorized by statute.
"(3) PREVIOUS CONVICTION OF OTHER SERIOUS OFFENSES.-The defendant
has previously been convicted of two or more Federal or State
offenses, punishable by a term of imprisonment of more than one year,
committed on different occasions, involving the infliction of, or
attempted infliction of, serious bodily injury or death upon another
person.
"(4) GRAVE RISK OF DEATH TO ADDITIONAL PERSONS.-The defendant, in
the commission of the offense, or in escaping apprehension for the
violation of the offense, knowingly created a grave risk of death to
one or more persons in addition to the victim of the offense.
"(5) HEINOUS, CRUEL, OR DEPRAVED.-The defendant committed the
offense in an especially heinous, cruel, or depraved manner in that
it involved torture or serious physical abuse to the victim.
"(6) PROCUREMENT OF OFFENSE BY PAYMENT.-The defendant procured the
commission of the offense by payment, or promise of payment, of
anything of pecuniary value.
"(7) PECUNIARY GAIN.-The defendant committed the offense as
consideration for the receipt, or in the expectation of the receipt,
of anything of pecuniary value.
"(8) SUBSTANTIAL PLANNING AND PREMEDITATION.-The defendant
committed the offense after substantial planning and premeditation to
cause the death of a person or commit an act of terrorism.
"(9) CONVICTION FOR TWO FELONY DRUG OFFENSES.-The defendant has
previously been convicted of two or more State or Federal offenses
punishable by a term of imprisonment of more than one year, committed
on different occasions, involving the distribution of a controlled
substance.
"(10) VULNERABILITY OF VICTIM.-The victim was particularly
vulnerable due to old age, youth, or infirmity.
"(11) CONVICTION FOR SERIOUS FEDERAL DRUG OFFENSES.-The defendant
had previously been convicted of violating title II or title III of
the Controlled Substances Act for which a sentence of 5 or more years
may be imposed or had previously been convicted of engaging in a
continuing criminal enterprise.
"(12) CONTINUING CRIMINAL ENTERPRISE INVOLVING DRUG SALES TO
MINORS.-The defendant committed the offense in the course of engaging
in a continuing criminal enterprise in violation of section 408(c) of
the Controlled Substances Act and that violation involved the
distribution of drugs to persons under the age of 21 in violation of
section 405 of such Act.
"(13) HIGH PUBLIC OFFICIALS.-The defendant committed the offense
against-
"(A) the President of the United States, the President-elect,
the Vice President, the Vice-President-elect, the
Vice-President-designate, or, if there is no Vice President, the
officer next in order of succession to the office of the
President of the United States, or any person who is acting as
President under the Constitution and laws of the United States;
"(B) a chief of state, head of government, or the political
equivalent, of a foreign nation;
"(C) a foreign official listed in section 1116(b)(3)(A) of this
title, if he is in the United States on official business; or
"(D) a Federal public servant who is a judge, a law enforcement
officer, or an employee of a United States penal or correctional
institution-
"(i) while he is engaged in the performance of his official
duties;
"(ii) because of the performance of his official duties; or
"(iii) because of his status as a public servant.
For purposes of this subparagraph, a 'law enforcement officer' is
a public servant authorized by law or by a Government agency or
Congress to conduct or engage in the prevention, investigation,
or prosecution or adjudication of an offense, and includes those
engaged in corrections, parole, or probation functions.
The jury, or if there is no jury, the court, may consider whether any
other aggravating factor exists.
"3593. Special hearing to determine whether a sentence of death is
justified
"(a) NOTICE BY THE GOVERNMENT.-If, in a case involving an offense
described in section 3591, the attorney for the government believes that
the circumstances of the offense are such that a sentence of death is
justified under this chapter, he shall, a reasonable time before the
trial, or before acceptance by the court of a plea of guilty, or at such
time thereafter as the court may permit upon a showing of good cause,
sign and file with the court, and serve on the defendant, a notice-
"(1) stating that the government believes that the circumstances of
the offense are such that, if the defendant is convicted, a sentence
of death is justified under this chapter and that the government will
seek the sentence of death; and
"(2) setting forth the aggravating factor or factors that the
government, if the defendant is convicted, proposes to prove as
justifying a sentence of death.
The court may permit the attorney for the government to amend the notice
upon a showing of good cause.
"(b) HEARING BEFORE A COURT OR JURY.-If the attorney for the government
has filed a notice as required under subsection (a) and the defendant is
found guilty of or pleads guilty to an offense described in section 3591,
the judge who presided at the trial or before whom the guilty plea was
entered, or another judge if that judge is unavailable, shall conduct a
separate sentencing hearing to determine the punishment to be imposed.
The hearing shall be conducted-
"(1) before the jury that determined the defendant's guilt;
"(2) before a jury impaneled for the purpose of the hearing if-
"(A) the defendant was convicted upon a plea of guilty;
"(B) the defendant was convicted after a trial before the court
sitting without a jury;
"(C) the jury that determined the defendant's guilt was
discharged for good cause; or
"(D) after initial imposition of a sentence under this section,
reconsideration of the sentence under this section is necessary;
or
"(3) before the court alone, upon the motion of the defendant and
with the approval of the attorney for the government.
A jury impaneled pursuant to paragraph (2) shall consist of twelve
members, unless, at any time before the conclusion of the hearing, the
parties stipulate, with the approval of the court, that it shall consist
of a lesser number.
"(c) PROOF OF MITIGATING AND AGGRAVATING FACTORS.-Notwithstanding rule
32(c) of the Federal Rules of Criminal Procedure, when a defendant is
found guilty or pleads guilty to an offense under section 3591, no
presentence report shall be prepared. At the sentencing hearing,
information may be presented as to any matter relevant to the sentence,
including any mitigating or aggravating factor permitted or required to
be considered under section 3592. Information presented may include the
trial transcript and exhibits if the hearing is held before a jury or
judge not present during the trial. Any other information relevant to a
mitigating or aggravating factor may be presented by either the attorney
for the government or the defendant, subject to the Federal Rules of
Evidence and Federal Rules of Criminal Procedure. The government and the
defendant shall be permitted to rebut any information received at the
hearing, and shall be given fair opportunity to present argument as to
the adequacy of the information to establish the existence of any
aggravating or mitigating factor, and as to the appropriateness in the
case of imposing a sentence of death. The government shall open the
argument. The defendant shall be permitted to reply. The government shall
then be permitted to reply in rebuttal. The burden of establishing the
existence of any aggravating factor is on the government, and is not
satisfied unless the existence of such a factor is established beyond a
reasonable doubt. The burden of establishing the existence of any
mitigating factor is on the defendant, and is not satisfied unless the
existence of such a factor is established by a preponderance of the
information.
"(d) RETURN OF SPECIAL FINDINGS.-The jury, or if there is no jury, the
court, shall consider all the information received during the hearing. It
shall return special findings identifying any aggravating factor or
factors set forth in section 3592 found to exist and any other
aggravating factor for which notice has been provided under subsection
(a) found to exist. A finding with respect to a mitigating factor may be
made by one or more members of the jury, and any member of the jury who
finds the existence of a mitigating factor may consider such factor
established for purposes of this section regardless of the number of
jurors who concur with the factor has been established. A finding with
respect to any aggravating factor must be unanimous. If no aggravating
factor set forth in section 3592 is found to exist, the court shall
impose a sentence other than death authorized by law.
"(e) RETURN OF A FINDING CONCERNING A SENTENCE OF DEATH.-If, in the
case of-
"(1) an offense described in section 3591(1), an aggravating factor
required to be considered under section 3592(b) is found to exist; or
"(2) an offense described in section 3591 (2) or (3), an
aggravating factor required to be considered under section 3592(c) is
found to exist;
the jury, or if there is no jury, the court, shall then consider whether
all the aggravating factor or factors found to exist sufficiently
outweigh all the mitigating factor or factors found to exist to justify a
sentence of death, or, in the absence of a mitigating factor, whether the
aggravating factor or factors alone are sufficient to justify a sentence
of death. Based upon this consideration, the jury by unanimous vote, or
if there is no jury, the court, shall recommend whether a sentence of
death shall be imposed rather than some other lesser sentence. The jury
or the court, if there is no jury, regardless of its findings with
respect to aggravating and mitigating factors, is never required to
impose a death sentence, and the jury shall be so instructed.
"(f) SPECIAL PRECAUTION TO ASSURE AGAINST DISCRIMINATION.-In a hearing
held before a jury, the court, prior to the return of a finding under
subsection (e), shall instruct the jury that, in considering whether a
sentence of death is justified, it shall not consider the race, color,
religious beliefs, national origin, or sex of the defendant or of any
victim and that the jury is not to recommend a sentence of death unless
it has concluded that it would recommend a sentence of death for the
crime in question no matter what the race, color, religious beliefs,
national origin, or sex of the defendant or of any victim may be. The
jury, upon return of a finding under subsection (e), shall also return to
the court a certificate, signed by each juror, that consideration of the
race, color, religious beliefs, national origin, or sex of the defendant
or any victim was not involved in reaching his or her individual decision
and that the individual juror would have made the same recommendation
regarding a sentence for the crime in question no matter what the race,
color, religious beliefs, national origin, or sex of the defendant or any
victim may be.
"3594. Imposition of a sentence of death
"Upon a finding under section 3593(e) that a sentence of death is
justified, the court shall sentence the defendant to death. Otherwise,
the court shall impose any sentence other than death that is authorized
by law. Notwithstanding any other provision of law, if the maximum term
of imprisonment for the offense is life imprisonment, the court may
impose a sentence of life imprisonment without parole.
"3595. Review of a sentence of death
"(a) APPEAL.-In a case in which a sentence of death is imposed, the
sentence shall be subject to review by the court of appeals upon appeal
by the defendant. Notice of appeal must be filed within the time
specified for the filing of a notice of appeal. An appeal under this
section may be consolidated with an appeal of the judgment of conviction
and shall have priority over all other cases.
"(b) REVIEW.-The court of appeals shall review the entire record in the
case, including-
"(1) the evidence submitted during the trial;
"(2) the information submitted during the sentencing hearing;
"(3) the procedures employed in the sentencing hearing; and
"(4) the special findings returned under section 3593(d).
"(c) DECISION AND DISPOSITION.-
"(1) The court of appeals shall address all substantive and
procedural issues raised on the appeal of a sentence of death, and
shall consider whether the sentence of death was imposed under the
influence of passion, prejudice, or any other arbitrary factor and
whether the evidence supports the special finding of the existence of
an aggravating factor required to be considered under section 3592.
"(2) Whenever the court of appeals finds that-
"(A) the sentence of death was imposed under the influence of
passion, prejudice, or any other arbitrary factor;
"(B) the admissible evidence adduced does not support the
special finding of the existence of the required aggravating
factor; or
"(C) other legal error requires reversal of the sentence of
death,
the court shall remand the case for reconsideration under section
3593 or impose a sentence other than death. In any other case, the
court of appeals shall remand the case for reconsideration under
section 3593.
"(3) The court of appeals shall state in writing the reasons for
its disposition of an appeal of a sentence of death under this
section.
"3596. Implementation of a sentence of death
"(a) IN GENERAL.-A person who has been sentenced to death pursuant to
the provisions of this chapter shall be committed to the custody of the
Attorney General until exhaustion of the procedures for appeal of the
judgment of conviction and for review of the sentence. When the sentence
is to be implemented, the Attorney General shall release the person
sentenced to death to the custody of a United States marshal, who shall
supervise implementation of the sentence in the manner prescribed by the
law of the State in which the sentence is imposed. If the law of such
State does not provide for implementation of a sentence of death, the
court shall designate another State, the law of which does provide for
the implementation of a sentence of death, and the sentence shall be
implemented in the latter State in the manner prescribed by such law.
"(b) PREGNANT WOMAN.-A sentence of death shall not be carried out upon
a woman while she is pregnant.
"(c) MENTAL CAPACITY.-A sentence of death shall not be carried out upon
a person who is mentally retarded. A sentence of death shall not be
carried out upon a person who, as a result of mental disability-
"(1) cannot understand the nature of the pending proceedings, what
such person was tried for, the reason for the punishment, or the
nature of the punishment; or
"(2) lacks the capacity to recognize or understand facts which
would make the punishment unjust or unlawful, or lacks the ability to
convey such information to counsel or to the court.
"3597. Use of State facilities
"(a) IN GENERAL.-A United States marshal charged with supervising the
implementation of a sentence of death may use appropriate State or local
facilities for the purpose, may use the services of an appropriate State
or local official or of a person such an official employs for the
purpose, and shall pay the costs thereof in an amount approved by the
Attorney General.
"(b) EXCUSE OF AN EMPLOYEE ON MORAL OR RELIGIOUS GROUNDS.-No employee
of any State department of corrections or the Federal Bureau of Prisons
and no employee providing services to that department or bureau under
contract shall be required, as a condition of that employment, or
contractual obligation to be in attendance at or to participate in any
execution carried out under this section if such participation is
contrary to the moral or religious convictions of the employee. For
purposes of this subsection, the term 'participation in executions'
includes personal preparation of the condemned individual and the
apparatus used for execution and supervision of the activities of other
personnel in carrying out such activities.
" 3598. Special provisions for Indian country
"Notwithstanding sections 1152 and 1153 of this title, no person
subject to the criminal jurisdiction of an Indian tribal government shall
be subject to a capital sentence under this chapter for any offense the
Federal jurisdiction for which is predicated solely on Indian country as
defined in section 1151 of this title, and which has occurred within the
boundaries of such Indian country, unless the governing body of the tribe
has elected that this chapter have effect over land and persons subject
to its criminal jurisdiction.".
(b) AMENDMENTS TO CHAPTER ANALYSIS.-The chapter analysis of part II of
title 18, United States Code, is amended by adding the following new item
after the item relating to chapter 227:
"228. Death sentence 3591".
SEC. 203. SPECIFIC OFFENSES FOR WHICH DEATH PENALTY IS AUTHORIZED.
(a) CONFORMING CHANGES IN TITLE 18.-Title 18, United States Code, is
amended as provided in the following sections:
(1) AIRCRAFTS AND MOTOR VEHICLES.-Section 34 of title 18, United
States Code, is amended by striking the comma after "imprisonment for
life" and inserting a period and striking the remainder of the
section.
(2) ESPIONAGE.-Section 794(a) of title 18, United States Code, is
amended by striking the period at the end of the section and
inserting ", except that the sentence of death shall not be imposed
unless the jury or, if there is no jury, the court, further finds
that the offense directly concerned nuclear weaponry, military
spacecraft or satellites, early warning systems, or other means of
defense or retaliation against large-scale attack; war plans;
communications intelligence or cryptographic information; or any
other major weapons system or major element of defense strategy.".
(3) EXPLOSIVE MATERIALS.-(A) Section 844(d) of title 18, United
States Code, is amended by striking "as provided in section 34 of
this title".
(B) Section 844(f) of title 18, United States Code, is amended by
striking "as provided in section 34 of this title".
(C) Section 844(i) of title 18, United States Code, is amended by
striking the words "as provided in section 34 of this title".
(6) MURDER.-(A) The second undesignated paragraph of section
1111(b) of title 18, United States Code, is amended to read as
follows:
"Whoever is guilty of murder in the first degree shall be punished
by death or by imprisonment for life;".
(B) Section 1116(a) of title 18, United States Code, is amended by
striking "any such person who is found guilty of murder in the first
degree shall be sentenced to imprisonment for life, and".
(7) KIDNAPPING.-Section 1201(a) of title 18, United States Code, is
amended by inserting after "or for life" the following: "and, if the
death of any person results, shall be punished by death or life
imprisonment".
(8) NONMAILABLE INJURIOUS ARTICLES.-The last paragraph of section
1716 of title 18, United States Code, is amended by striking the
comma after "imprisonment for life" and inserting a period and
striking the remainder of the paragraph.
(9) PRESIDENTIAL ASSASSINATIONS.-Subsection (c) of section 1751 of
title 18, United States Code, is amended to read as follows:
"(c) Whoever attempts to kill or kidnap any individual designated in
subsection (a) of this section shall be punished (1) by imprisonment for
any term of years or for life, or (2) by death or imprisonment for any
term of years or for life, if the conduct constitutes an attempt to kill
the President of the United States and results in bodily injury to the
President or otherwise comes dangerously close to causing the death of
the President.".
(10) WRECKING TRAINS.-The second to the last undesignated paragraph
of section 1992 of title 18, United States Code, is amended by
striking the comma after "imprisonment for life" and inserting a
period and striking the remainder of the section.
(11) BANK ROBBERY.-Section 2113(e) of title 18, United States Code,
is amended by striking "or punished by death if the verdict of the
jury shall so direct" and inserting "or if death results shall be
punished by death or life imprisonment".
(12) HOSTAGE TAKING.-Section 1203(a) of title 18, United States
Code, is amended by inserting after "or for life" the following:
"and, if the death of any person results, shall be punished by death
or life imprisonment".
(13) RACKETEERING.-(A) Section 1958 of title 18, United States
Code, is amended by striking "and if death results, shall be subject
to imprisonment for any term of years or for life, or shall be fined
not more than $ 50,000, or both" and inserting "and if death results,
shall be punished by death or life imprisonment, or shall be fined
not more than $ 250,000, or both".
(B) Section 1959(a)(1) of title 18, United States Code, is amended
to read as follows:
"(1) for murder, by death or life imprisonment, or a fine of not
more than $ 250,000, or both; and for kidnapping, by imprisonment for
any term of years or for life, or a fine of not more than $ 250,000,
or both;".
(14) GENOCIDE.-Section 1091(b)(1) of title 18, United States Code,
is amended by striking "a fine of not more than $ 1,000,000 or
imprisonment for life," and inserting ", where death results, a fine
of not more than $ 1,000,000, or imprisonment for life or a sentence
of death,".
(b) CONFORMING AMENDMENT TO FEDERAL AVIATION ACT OF 1954.-Section 903
of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1473), is
amended by striking subsection (c).
SEC. 204. APPLICABILITY TO UNIFORM CODE OF MILITARY JUSTICE.
The provisions of chapter 228 of title 18, United States Code, as added
by this Act, shall not apply to prosecutions under the Uniform Code of
Military Justice (10 U.S.C. 801).
SEC. 205. DEATH PENALTY FOR MURDER BY A FEDERAL PRISONER.
(a) IN GENERAL.-Chapter 51 of title 18, United States Code, is amended
by adding at the end thereof the following:
"1118. Murder by a Federal prisoner
"(a) OFFENSE.-Whoever, while confined in a Federal correctional
institution under a sentence for a term of life imprisonment, murders
another shall be punished by death or by life imprisonment without the
possibility of parole.
"(b) DEFINITIONS.-For the purposes of this section-
"(1) the term 'Federal correctional institution' means any Federal
prison, Federal correctional facility, Federal community program
center, or Federal halfway house;
"(2) the term 'term of life imprisonment' means a sentence for the
term of natural life, a sentence commuted to natural life, an
indeterminate term of a minimum of at least fifteen years and a
maximum of life, or an unexecuted sentence of death; and
"(3) the term 'murders' means committing first degree or second
degree murder as defined by section 1111 of this title.".
(b) AMENDMENT TO CHAPTER ANALYSIS.-The chapter analysis for chapter 51
of title 18, United States Code, is amended by adding at the end thereof
the following:
"1118. Murder by a Federal prisoner.".
SEC. 206. DEATH PENALTY FOR CIVIL RIGHTS MURDERS.
(a) CONSPIRACY AGAINST RIGHTS.-Section 241 of title 18, United States
Code, is amended by striking the period at the end of the last sentence
and inserting ", or may be sentenced to death.".
(b) DEPRIVATION OF RIGHTS UNDER COLOR OF LAW.-Section 242 of title 18,
United States Code, is amended by striking the period at the end of the
last sentence and inserting ", or may be sentenced to death.".
(c) FEDERALLY PROTECTED ACTIVITIES.-Section 245(b) of title 18, United
States Code, is amended in the matter following paragraph (5) by
inserting ", or may be sentenced to death" after "or for life".
(d) DAMAGE TO RELIGIOUS PROPERTY; OBSTRUCTION OF THE FREE EXERCISE OF
RELIGIOUS RIGHTS.-Section 247(c)(1) of title 18, United States Code, is
amended by inserting ", or may be sentenced to death" after "or both".
SEC. 207. RACIAL JUSTICE ACT OF 1991.
(a) SHORT TITLE.-This section may be cited as the "Racial Justice Act
of 1991".
(b) FINDINGS.-The Congress finds that-
(1) section 5 of the fourteenth amendment of the United States
Constitution calls upon Congress to enforce the Constitution's
promise of equality under law;
(2) equality under law is tested most profoundly by whether a legal
system tolerates race playing a role in the determination of whether
and when to administer the ultimate penalty of death;
(3) the death penalty is being administered in a pattern that
evidences a significant risk that the race of the defendant, or the
race of the victim against whom the crime was committed, influences
the likelihood that the defendant will be sentenced to death;
(4) the Constitution's guarantee of equal justice for all is
jeopardized when the death penalty is imposed in a pattern in which
the likelihood of a death sentence is affected by the race of the
perpetrator or of the victim;
(5) the United States Supreme Court has concluded that the Federal
judiciary is institutionally unable to eliminate this jeopardy to
equal justice in the absence of proof that a legislature, prosecutor,
judge, or jury acted with racially invidious and discriminatory
motives in the case of a particular defendant;
(6) the interest in ensuring equal justice under law may be harmed,
not only by decisions motivated by explicit racial bias, but also by
government rules, policies, and practices that operate to reinforce
the subordinate status to which racial minorities were relegated in
our society;
(7) the institutional need of courts to identify invidiously
motivated perpetrators is not shared by Congress, which is empowered
by section 5 of the fourteenth amendment to take system-wide,
preventive measures not only to eliminate adjudicated instances of
official race discrimination but also to eradicate wide-scale
patterns and practices that entail an intolerable danger that persons
of different races would be treated differently; and
(8) the persistent racial problems pervading the implementation of
the death penalty in many parts of this Nation require the Government
of the United States to counteract the lingering effects of racial
prejudice in order to enforce the constitutional guarantee of equal
justice for all Americans.
(c) AMENDMENT TO TITLE 28.-
(1) PROCEDURE.-Part VI of title 28, United States Code, is amended
by adding at the end thereof the following new chapter:
"CHAPTER 177-RACIALLY DISCRIMINATORY CAPITAL SENTENCING
"Sec.
"2921. Definitions.
"2922. Prohibition on the imposition or execution of the death penalty in
a racially discriminatory pattern.
"2923. Data on death penalty cases.
"2924. Enforcement of the chapter.
"2925. Construction of chapter.
"2921. Definitions
"For purposes of the chapter-
"(1) the term 'a racially discriminatory pattern' means a situation
in which sentences of death are imposed more frequently-
"(A) upon persons of one race than upon persons of another
race; or
"(B) as punishment for crimes against persons of one race than
as punishment for crimes against persons of another race,
and the greater frequency is not explained by pertinent nonracial
circumstances;
"(2) the term 'death-eligible crime' means a crime for which death
is a punishment that is authorized by law to be imposed under any
circumstances upon a conviction of that crime;
"(3) the term 'case of death-eligible crime' means a case in which
the complaint, indictment, information, or any other initial or
subsequent charging paper charges any person with a death-eligible
crime; and
"(4) the term 'State or Federal entity' means any State, the
District of Columbia, the United States, any territory thereof, and
any subdivision or authority of any of these entities that is
empowered to provide by law that death be imposed as punishment for
crime.
"2922. Prohibition on the imposition or execution of the death penalty in
a racially discriminatory pattern
"(a) PROHIBITION.-It is unlawful to impose or execute sentences of
death under color of State or Federal law in a racially discriminatory
pattern. No person shall be put to death in the execution of a sentence
imposed pursuant to any law if that person's death sentence furthers a
racially discriminatory pattern.
"(b) ESTABLISHMENT OF A PATTERN.-To establish that a racially
discriminatory pattern exists for purposes of this chapter-
"(1) ordinary methods of statistical proof shall suffice; and
"(2) it shall not be necessary to show discriminatory motive,
intent, or purpose on the part of any individual or institution.
"(c) PRIMA FACIE SHOWING.-(1) To establish a prima facie showing of a
racially discriminatory pattern for purposes of this chapter, it shall
suffice that death sentences are being imposed or executed-
"(A) upon persons of one race with a frequency that is
disproportionate to their representation among the numbers of persons
arrested for, charged with, or convicted of, death-eligible crimes;
or
"(B) as punishment for crimes against persons of one race with a
frequency that is disproportionate to their representation among
persons against whom death-eligible crimes have been committed.
"(2) To rebut a prima facie showing of a racially discriminatory
pattern, a State or Federal entity must establish by clear and convincing
evidence that identifiable and pertinent nonracial factors persuasively
explain the observable racial disparities comprising the pattern.
"2923. Data on death penalty cases
"(a) DESIGNATION OF AGENCY.-Any State or Federal entity that provides
by law for death to be imposed as a punishment for any crime shall
designate a central agency to collect and maintain pertinent data on the
charging, disposition, and sentencing patterns for all cases of
death-eligible crimes.
"(b) RESPONSIBILITIES OF CENTRAL AGENCY.-Each central agency designated
pursuant to subsection (a) shall-
"(1) affirmatively monitor compliance with this chapter by local
officials and agencies;
"(2) devise and distribute to every local official or agency
responsible for the investigation or prosecution of death-eligible
crimes a standard form to collect pertinent data;
"(3) maintain all standard forms, compile and index all information
contained in the forms, and make both the forms and the compiled
information publicly available;
"(4) maintain a centralized, alphabetically indexed file of all
police and investigative reports transmitted to it by local officials
or agencies in every case of death-eligible crime; and
"(5) allow access to its file of police and investigative reports
to the counsel of record for any person charged with any
death-eligible crime or sentenced to death who has made or intends to
make a claim under section 2922 and it may also allow access to this
file to other persons.
"(c) RESPONSIBILITY OF LOCAL OFFICIAL.-(1) Each local official
responsible for the investigation or prosecution of death-eligible crimes
shall-
"(A) complete the standard form developed pursuant to subsection
(b)(2) on every case of death-eligible crime; and
"(B) transmit the standard form to the central agency no later than
3 months after the disposition of each such case whether that
disposition is by dismissal of charges, reduction of charges,
acceptance of a plea of guilty to the death-eligible crime or to
another crime, acquittal, conviction, or any decision not to proceed
with prosecution.
"(2) In addition to the standard form, the local official or agency
shall transmit to the central agency one copy of all police and
investigative reports made in connection with each case of death-eligible
crime.
"(d) PERTINENT DATA.-The pertinent data required in the standard form
shall be designated by the central agency but shall include, at a
minimum, the following information:
"(1) pertinent demographic information on all persons charged with
the crime and all victims (including race, sex, age, and national
origin);
"(2) information on the principal features of the crime;
"(3) information on the aggravating and mitigating factors of the
crime, including the background and character of every person charged
with the crime; and
"(4) a narrative summary of the crime.
"2924. Enforcement of the chapter
"(a) ACTION UNDER SECTIONS 2241, 2254, OR 2255 OF THIS TITLE.-In any
action brought in a court of the United States within the jurisdiction
conferred by sections 2241, 2254, or 2255, in which any person raises a
claim under section 2922-
"(1) the court shall appoint counsel for any such person who is
financially unable to retain counsel; and
"(2) the court shall furnish investigative, expert or other
services necessary for the adequate development of the claim to any
such person who is financially unable to obtain such services.
"(b) DETERMINATION BY A STATE COURT.-Notwithstanding section 2254, no
determination on the merits of a factual issue made by a State court
pertinent to any claim under section 2922 shall be presumed to be correct
unless-
"(1) the State is in compliance with section 2923;
"(2) the determination was made in a proceeding in a State court in
which the person asserting the claim was afforded rights to the
appointment of counsel and to the furnishing of investigative, expert
and other services necessary for the adequate development of the
claim which were substantially equivalent to those provided by
subsection (a); and
"(3) the determination is one which is otherwise entitled to be
presumed to be correct under the criteria specified in section 2254.
"2925. Construction of chapter
"Nothing contained in this chapter shall be construed to affect in one
way or the other the lawfulness of any sentence of death that does not
violate section 2922.".
(2) AMENDMENT TO TABLE OF CHAPTERS.-The table of chapters of part
VI of title 28, United States Code, is amended by adding at the end
thereof the following new item:
"177. Racially discriminatory capital sentencing 2921.".
(d) ACTIONS PRIOR TO THE DATE OF ENACTMENT.-No person shall be barred
>from raising any claim under section 2922 of title 28, United States
Code, as added by this section, on the ground of having failed to raise
or to prosecute the same or a similar claim prior to enactment of the
section nor by reason of any adjudication rendered prior to its
enactment.
TITLE III-DEATH PENALTY FOR MURDER OF LAW ENFORCEMENT OFFICER ACT
SEC. 301. DEATH PENALTY FOR THE MURDER OF FEDERAL LAW ENFORCEMENT
OFFICIALS. Section 1114(a) of title 18, United States Code, is amended
by striking "punished as provided under sections 1111 and 1112 of this
title," and inserting "punished, in the case of first degree murder, by a
sentence of death or life imprisonment as provided under section 1111 of
this title, or, in the case of manslaughter, as provided under section
1112 of this title,".
SEC. 302. DEATH PENALTY FOR THE MURDER OF STATE OFFICIALS ASSISTING
FEDERAL LAW ENFORCEMENT OFFICIALS.
(a) IN GENERAL.-Chapter 51 of title 18, United States Code, is amended
by adding at the end the following:
" 1119. Killing persons aiding Federal investigations
"Whoever intentionally kills-
"(1) a State or local official, law enforcement officer, or other
officer or employee while working with Federal law enforcement
officials in furtherance of a Federal criminal investigation-
"(A) while the victim is engaged in the performance of official
duties;
"(B) because of the performance of the victim's official
duties; or
"(C) because of the victim's status as a public servant; or
"(2) any civilian or witness assisting a Federal criminal
investigation, while that assistance is being rendered and because of
it;
shall be subject to the death penalty under chapter 228 of this title.".
(b) CLERICAL AMENDMENT.-The table of sections at the beginning of
chapter 51 of title 18, United States Code, is amended by adding at the
end the following:
"1119. Killing persons aiding Federal investigations.".
TITLE IV-DEATH PENALTY FOR DRUG CRIMINALS ACT
SEC. 401. SHORT TITLE.
This title may be cited as the "Death Penalty for Drug Criminals Act of
1991".
SEC. 402. DEATH PENALTY FOR CERTAIN DRUG CRIMINALS.
The Controlled Substances Act (21 U.S.C. sec. 401 et seq.) is amended
by adding after section 408 the following:
"SEC. 409. DEATH PENALTY AUTHORIZED FOR CERTAIN DRUG CRIMINALS."
SEC. 403. DRUG DISTRIBUTION CONSPIRACIES.
Section 409 of the Controlled Substances Act (21 U.S.C.) is amended by
adding subsection (a) as follows:
"(a) DRUG DISTRIBUTION CONSPIRACIES.-Whoever, during the course of a
conspiracy prohibited by section 406 of the Controlled Substances Act,
(21 U.S.C. 846), commits a murder in the first degree, shall be punished
according to the terms of section 1111 of title 18, including by sentence
of death or by imprisonment for life.".
SEC. 404. DRUG IMPORT AND EXPORT CONSPIRACIES.
Section 409 of the Controlled Substances Act (21 U.S.C.) is amended by
adding subsection (b) as follows:
"(b) DRUG IMPORT AND EXPORT CONSPIRACIES.-Whoever, during the course of
a conspiracy prohibited by section 1013 of the Controlled Substances
Import and Export Act, (21 U.S.C. 963), commits a murder in the first
degree, shall be punished according to the terms of section 1111 of title
18, including by sentence of death or by imprisonment for life.".
SEC. 405. DRUG DISTRIBUTION TO MINORS, NEAR SCHOOLS, OR BY EMPLOYING
MINORS.
Section 409 of the Controlled Substances Act (21 U.S.C.) is amended by
adding subsection (c) as follows:
"(c) DRUG DISTRIBUTION TO MINORS, NEAR SCHOOLS, OR WHILE EMPLOYING
PERSONS UNDER 18 YEARS OF AGE.-Whoever, during the course of an offense
punishable under section 405 of the Controlled Substances Act (21 U.S.C.
845), section 405A of the Controlled Substances Act (21 U.S.C. 845A), or
section 405B of the Controlled Substances Act (21 U.S.C. 845B), commits a
murder in the first degree, shall be punished according to the terms of
section 1111 of title 18, including by sentence of death or imprisonment
for life.".
SEC. 406. EXPORT AND IMPORT OF MAJOR DRUG QUANTITIES.
Section 409 of the Controlled Substances Act (21 U.S.C.) is amended by
adding subsection (d) as follows:
"(d) DRUG IMPORT AND EXPORT.-Whoever, during an offense prohibited by
section 1010(b)(1) of the Controlled Substances Import and Export Act (21
U.S.C. 960(b)(1)), commits a murder in the first degree, shall be
punished according to the terms of section 1111 of title 18, including by
sentence of death or by imprisonment for life.".
SEC. 407. DISTRIBUTION OF MAJOR DRUG QUANTITIES.
Section 409 of the Controlled Substances Act (21 U.S.C.) is amended by
adding subsection (e) as follows:
"(e) DRUG DISTRIBUTION.-Whoever, during the course of an offense
punishable under section 401(b)(1)(A) of the Controlled Substances Act
(21 U.S.C. 841(b)(1)(A)), commits a murder in the first degree, shall be
punished according to the terms of section 1111 of title 18, including by
sentence of death or by imprisonment for life.".
TITLE V-PREVENTION AND PUNISHMENT OF TERRORIST ACTS
SEC. 501. SHORT TITLE.
This Act may be cited as the "Comprehensive Counter-Terrorism Act of
1991".
Subtitle A-Punishing Domestic and International Terrorist Acts
PART I-TERRORIST DEATH PENALTY ACT OF 1991
SEC. 511. SHORT TITLE.
This part may be cited as the "Terrorist Death Penalty Act of 1991".
SEC. 512. TERRORIST DEATH PENALTY OFFENSE: TERRORIST ACTS ABROAD.
Paragraph (1) of subsection 2331(a) of title 18, United States Code, is
amended to read as follows:
"(1) if the killing-
"(A) is a first degree murder as defined in section 1111(a) of
this title, be punished by death or imprisonment for any term of
years or for life, fined under this title, or both; or
"(B) is a murder other than a first degree murder as defined in
section 1111(a) of this title, be fined under this title,
imprisoned for any term of years or for life, or both;".
PART II-TERRORIST ACTS COMMITTED IN THE UNITED STATES
SEC. 521. CRIMINAL OFFENSE FOR DOMESTIC TERRORIST ACTS.
Part I of title 18, United States Code, is amended by inserting after
chapter 113A the following new chapter 113B:
"CHAPTER 113B-TERRORIST ACTS COMMITTED IN THE UNITED STATES
"Sec. 2336. Terrorist acts committed in the United States.
"Sec. 2337. Providing material support to terrorists.
" 2336. Terrorist acts committed in the United States
"(a) HOMICIDE.-Whoever, acting as an agent of a foreign power, kills
another person, with the intent specified in subsection (d) of this
section, shall
"(1) if the killing-
"(A) is a first degree murder as defined in section 1111(a) of
this title, be fined under this title, punished by death or
imprisonment for any term of years or life, or both; or
"(B) is a murder other than a first degree murder as defined in
subsection 1111(a) of this title,
be fined under this title, imprisoned for any term of years or for
life, or both;
"(2) if the killing is a voluntary manslaughter as defined in
section 1112(a) of this title, be fined under this title or
imprisoned for not more than twenty years, or both; and
"(3) if the killing is an involuntary manslaughter as defined in
section 1112(a) of this title, be fined under this title or
imprisoned not more than ten years, or both.
"(b) ATTEMPT OR CONSPIRACY WITH RESPECT TO HOMICIDE.-Whoever, acting as
an agent of a foreign power, with the intent specified in subsection (d)
of this section, attempts to kill, or engages in a conspiracy to kill-
"(1) in the case of an attempt to commit a killing that is a murder
as defined in section 1111(a) of this title, shall be fined under
this title, imprisoned for any term of years or life, or both; and
"(2) in the case of a conspiracy by two or more persons to commit a
killing that is a murder as defined in section 1111(a) of this title,
if one or more of such persons do any overt act to effect the object
of the conspiracy, shall be fined under this title or imprisoned for
any term of years or for life, or both.
"(c) OTHER VIOLENT TERRORIST ACTS.-Whoever, acting as an agent of a
foreign power, with the intent specified in subsection (d) of this
section, engages in physical violence that results in serious bodily
injury shall be fined under this title or imprisoned for not more than
ten years, or both.
"(d) INTENT TO COMMIT TERRORIST ACTS.-For the purposes of this section,
a person possesses an intent to commit a terrorist act, if such person
intends-
"(1) to intimidate or coerce a civilian population;
"(2) to influence the policy of a government by intimidation or
coercion; or
"(3) to affect the conduct of a government by assassination,
kidnapping, or other violent act.
"(e) DEFINITION.-For purposes of this section and section 2337 of this
title, the term 'agent of a foreign power' shall have the same meaning as
in section 101(b) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801(b)).".
PART III-INCREASING PENALTIES FOR INTERNATIONAL TERRORIST ACTS
SEC. 531. PENALTIES FOR INTERNATIONAL TERRORIST ACTS.
Section 2331 of title 18, United States Code, as amended by subtitle A
of this title, is further amended-
(1) in subsection (a)-
(A) in paragraph (2) by striking "ten" and inserting "twenty";
and
(B) in paragraph (3) by striking "three" and inserting "ten".
(2) in subsection (c) by striking "five" and inserting "ten".
SEC. 532. CLERICAL AMENDMENTS.
The table of chapters at the beginning of part I of title 18, United
States Code, is amended by inserting after the item relating to chapter
113A the following new item:
"113B. Terrorist acts committed in the United States 2336".
Subtitle B-Preventing Domestic and International Terrorist Acts
PART I-ATTACKING THE INFRASTRUCTURE OF TERRORIST ORGANIZATIONS
SEC. 541. PROVIDING MATERIAL SUPPORT TO TERRORISTS.
Part I of title 18, United States Code, as amended by title I of this
Act, is further amended by adding a new section 2337 as follows:
" 2337. Providing material support to terrorists
"Whoever knowingly, acting as an agent of a foreign power, with the
intent to further a violation of section 1203, 2331, or 2336 of this
title-
"(1) provides material support or resources; or
"(2) conceals or disguises the nature, location, source or
ownership of material support or resources,
that are used or intended to be used to violate section 1203, 2331, or
2336 of this title shall be fined under this title or imprisoned for not
more than ten years, or both. For the purposes of this section, material
support or resources shall include, but not be limited to, currency or
other financial securities, communications equipment, facilities,
weapons, personnel and other physical assets.".
SEC. 542. FORFEITURE OF ASSETS USED TO SUPPORT TERRORISTS.
Chapter 46 of title 18, United States Code, is amended-
(1) in section 981(a)(1) by inserting at the end thereof the
following:
"(D) Any property, real or personal, which is used, or intended to
be used, in any manner or part, to commit, or to facilitate the
commission of, a violation of section 1203, 2331, 2332, 2336, or 2337
of this title."; and
(2) in section 982(a) by inserting at the end thereof the
following:
"(3) Any property, real or personal, which is used, or intended to be
used, in any manner or part, to commit, or to facilitate the commission
of, a violation of section 1203, 2331, 2336, or 2337 of this title.".
PART II-ELECTRONIC COMMUNICATIONS
SEC. 545. COOPERATION OF TELECOMMUNICATIONS PROVIDERS WITH LAW
ENFORCEMENT.
It is the sense of Congress that providers of electronic communications
services and manufacturers of electronic communications service equipment
shall ensure that communications systems permit the government to obtain
the plain text contents of voice, data, and other communications when
appropriately authorized by law.
PART III-COOPERATION OF WITNESSES IN TERRORIST INVESTIGATIONS
SEC. 551. SHORT TITLE.
This part may be cited as the "Alien Witness Cooperation Act of 1991".
SEC. 552. ALIEN WITNESS COOPERATION.
Chapter 224 of title 18, United States Code, is amended by-
(1) redesignating section 3528 as 3529;
(2) adding at the end of section 3529, as redesignated, the
following new paragraph:
"As used in section 3528, the terms 'alien' and 'United States' shall
have the same meanings given to them in the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.)."; and
(3) inserting after section 3527 the following new section 3528:
" 3528. Aliens; waiver of admission requirements
"(a) IN GENERAL.-Upon authorizing protection to any alien under this
chapter, the United States shall provide such alien with appropriate
immigration visas and allow such alien to remain in the United States so
long as that alien abides by all laws of the United States and
guidelines, rules and regulations for protection. The Attorney General
may determine that the granting of permanent resident status to such
alien is in the public interest and necessary for the safety and
protection of such alien without regard to the alien's admissibility
under immigration or any other laws and regulations or the failure to
comply with such laws and regulations pertaining to admissibility.
"(b) ALIEN WITH FELONY CONVICTIONS.-Notwithstanding any other
provisions of this chapter, an alien who would not be excluded because of
felony convictions shall be considered for permanent residence on a
conditional basis for a period of two years. Upon a showing that the
alien is still being provided protection, or such protection remains
available to the alien in accordance with provisions of this chapter, or
such alien is still cooperating with the government, and has maintained
good moral character, the Attorney General shall remove the conditional
basis of the status effective as of the second anniversary of the alien's
obtaining the status of admission for permanent residence. Permanent
resident status shall not be granted to an alien who would be excluded
because of felony convictions, unless the Attorney General determines,
pursuant to regulations which shall be prescribed by him, that granting
permanent residence status to such alien is necessary in the interests of
justice, and comports with safety of the community.
"(c) LIMIT ON NUMBER OF ALIENS.-The number of aliens and members of
their immediate families entering the United States under the authority
of this section shall in no case exceed one hundred persons in any one
fiscal year. The decision to grant or deny permanent resident status
under this section is at the discretion of the Attorney General and shall
not be subject to judicial review.".
SEC. 553. CONFORMING AMENDMENT.
The analysis for chapter 224 of title 18, United States Code, is
amended by-
(1) redesignating the item for section 3528 as section 3529; and
(2) adding after the item for section 3527 the following:
"3528. Aliens; waiver of admission requirements.".
Subtitle C-Preventing Aviation Terrorism
SEC. 561. PREVENTING ACTS OF TERRORISM AGAINST CIVILIAN AVIATION.
(a) IN GENERAL.-Chapter 2 of title 18, United States Code, is amended
by adding at the end thereof the following new section:
" 36. Violations of Federal aviation security regulations
"Whoever willfully violates a security regulation under part 107 or 108
of title 14, Code of Federal Regulations (relating to airport and airline
security) shall be fined under this title or imprisoned for not more than
one year, or both.".
(b) TABLE OF SECTIONS.-The table of sections for chapter 2 of title 18,
United States Code, is amended by adding at the end thereof the
following:
"36. Violation of Federal aviation security regulations.
Subtitle D-Preventing Economic Terrorism
SEC. 571. COUNTERFEITING U.S. CURRENCY ABROAD.
(a) IN GENERAL.-Chapter 25 of title 18, United States Code, is amended
by adding before section 471 the following new section:
" 470. Counterfeit acts committed outside the United States
"Whoever, outside the United States, engages in the act of-
"(1) making, dealing, or possessing any counterfeit obligation or
other security of the United States; or
"(2) making, dealing, or possessing any plate, stone, or other
thing, or any part thereof, used to counterfeit such obligation or
security,
if such act would constitute a violation of section 471, 473, or 474 of
this title if committed within the United States, shall be fined under
this title, imprisoned for not more than 15 years, or both.".
(b) TABLE OF SECTIONS.-The table of sections for chapter 25 of title
18, United States Code, is amended by adding before section 471 the
following:
"471. Counterfeit acts committed outside the United States.".
(c) TABLE OF CHAPTERS.-The table of chapters at the beginning of part I
of title 18, United States Code, is amended by striking the item for
chapter 25 and inserting the following:
"25. Counterfeiting and forgery 470".
SEC. 572. ECONOMIC TERRORISM TASK FORCE.
(a) ESTABLISHMENT AND PURPOSE.-There is established an Economic
Terrorism Task Force to-
(1) assess the threat of terrorist actions directed against the
United States economy, including actions directed against the United
States government and actions against United States business
interests;
(2) assess the adequacy of existing policies and procedures
designed to prevent terrorist actions directed against the United
States economy; and
(3) recommend administrative and legislative actions to prevent
terrorist actions directed against the United States economy.
(b) MEMBERSHIP.-The Economic Terrorism Task Force shall be chaired by
the Secretary of State, or his designee, and consist of the following
members:
(1) the Director of Central Intelligence;
(2) the Director of the Federal Bureau of Investigation;
(3) the Director of the United States Secret Service;
(4) the Administrator of the Federal Aviation Administration;
(5) the Chairman of the Board of Governors of the Federal Reserve;
(6) the Under Secretary of the Treasury for Finance; and
(7) such other members of the Departments of Defense, Justice,
State, Treasury, or any other agency of the United States government,
as the Secretary of State may designate.
(c) ADMINISTRATIVE PROVISIONS.-The provisions of the Federal Advisory
Committee Act shall not apply with respect to the Economic Terrorism Task
Force.
(d) REPORT.-Not later than 180 days after the date of enactment of this
Act, the chairman of the Economic Terrorism Task Force shall submit a
report to the President and the Congress detailing the findings and
recommendations of the task force. If the report of the task force is
classified, an unclassified version shall be prepared for public
distribution.
Subtitle E-Authorizations To Expand Counter-Terrorist Operations by
Federal Agencies
SEC. 581. AUTHORIZATIONS OF APPROPRIATIONS.
There is authorized to be appropriated in each of the fiscal years
1992, 1993 and 1994, in addition to any other amounts specified in
appropriations Acts, for counter-terrorist operations and programs:
(1) for the Federal Bureau of Investigation, $ 25,000,000;
(2) for the Department of State, $ 10,000,000;
(3) for the United States Customs Service, $ 7,500,000;
(4) for the United States Secret Service, $ 2,500,000;
(5) for the Bureau of Alcohol, Tobacco, and Firearms, $ 2,500,000;
(6) for the Federal Aviation Administration, $ 2,500,000; and
(7) for grants to state and local law enforcement agencies, to be
administered by the Office of Justice Programs in the Department of
Justice, in consultation with the Federal Bureau of Investigation,
$ 25,000,000.
TITLE VI-DRIVE-BY-SHOOTING ACT
SEC. 601. SHORT TITLE.
This title may be cited as the "Drive-By-Shooting Prevention Act of
1991".
SEC. 602. NEW OFFENSE FOR THE INDISCRIMINATE USE OF WEAPONS TO FURTHER
DRUG CONSPIRACIES.
(a) IN GENERAL.-Chapter 2 of title 18, United States Code, is amended
by adding at the end thereof the following new section:
" 36. Drive-by-shooting
"(a) OFFENSE AND PENALTIES.-
"(1) Whoever, in furtherance or to escape detection of a major drug
offense listed in subsection (b) and, with the intent to intimidate,
harass, injure, or maim, fires a weapon into a group of two or more
persons causing grave risk to human life shall be punished by a term
of no more than 25 years, or by fine as provided under this title, or
both.
"(2) Whoever, in furtherance or to escape detection of a major drug
offense listed in subsection (b) and, with the intent to intimidate,
harass, injure, or maim, fires a weapon into a group of two or more
persons and who kills one of those persons shall be sentenced
according to the terms of section 1111 of this title, including a
sentence of death or life imprisonment without release.
"(b) MAJOR DRUG OFFENSE DEFINED.-A major drug offense within the
meaning of subsection (a) is one of the following:
"(1) a continuing criminal enterprise, punishable under section
403(c) of the Controlled Substances Act (21 U.S.C. 848(c));
"(2) a conspiracy to distribute controlled substances punishable
under section 406 of the Controlled Substances Act (21 U.S.C. 846) or
punishable under section 1013 of the Controlled Substances Import and
Export Control Act (21 U.S.C. 963); or
"(3) an offense involving major quantities of drugs and punishable
under section 401(b)(1)(A) of the Controlled Substances Act (21
U.S.C. 841(b)(1)(A)) or section 1010(b)(1) of the Controlled
Substances Import and Export Act (21 U.S.C. 960(b)(1)).".
(b) TABLE OF SECTIONS.-The table of sections for chapter 2 of title 18,
United States Code, is amended by adding at the end thereof the
following:
"36. Drive-by shooting.".
TITLE VII-ASSAULT WEAPONS
SEC. 701. SHORT TITLE.
This title may be cited as the "Antidrug, Assault Weapons Limitation
Act of 1991".
SEC. 702. UNLAWFUL ACTS.
Section 922 of title 18, United States Code, is amended by adding at
the end thereof the following:
"(q)(1) Except as provided in paragraph (2), it shall be unlawful for
any person to transfer, import, transport, ship, receive, or possess any
assault weapon.
"(2) This subsection does not apply with respect to-
"(A) transferring, importing, transporting, shipping, and receiving
to or by, or possession by or under, authority of the United States
or any department or agency thereof, or of any State or any
department, agency, or political subdivision thereof, of such an
assault weapon, or
"(B) any lawful transferring, transporting, shipping, receiving, or
possession of such a weapon that was lawfully possessed before the
effective date of this subsection.
"(r)(1) It shall be unlawful for any person to sell, ship, or deliver
an assault weapon to any person who does not fill out a form 4473
(pursuant to 27 CFR 178.124), or equivalent, in the purchase of such
assault weapon.
"(2) It shall be unlawful for any person to purchase, possess, or
accept delivery of an assault weapon unless such person has filled out
such a form 4473, or equivalent, in the purchase of such assault weapon.
"(3) If a person purchases an assault weapon from anyone other than a
licensed dealer, both the purchaser and the seller shall maintain a
record of the sale on the seller's original copy of such form 4473, or
equivalent.
"(4) Any current owner of an assault weapon that requires retention of
form 4473, or equivalent, pursuant to the provisions of this subsection
who, prior to the effective date of this subsection purchased such a
weapon, shall, within 90 days after the issuing of regulations by the
Secretary pursuant to paragraph (5), request a copy of such form from any
licensed dealer, as defined in this title, in accordance with such
regulations.
"(5) The Secretary shall, within 90 days after the date of enactment of
this subsection, prescribe regulations for the request and delivery of
such form 4473, or equivalent.".
SEC. 703. DEFINITIONS.
Section 921(a) of title 18, United States Code, is amended by adding at
the end thereof the following:
"(25) The term 'assault weapon' means any firearm designated as an
assault weapon in this paragraph, including:
"(A) Norinco, Mitchell, and Poly Technologies Avtomat
Kalashnikovs (all models),
"(B) Action Arms Israeli Military Industries UZI and Galil,
"(C) Beretta AR-70 (SC-70),
"(D) Colt AR-15 and CAR-15,
"(E) Fabrique Nationale FN/FAL, FN/LAR, and FNC,
"(F) MAC 10 and MAC 11,
"(G) Steyr AUG,
"(H) INTRATEC TEC-9, and
"(I) Street Sweeper and Striker 12.".
SEC. 704. SECRETARY TO RECOMMEND DESIGNATION AS ASSAULT WEAPON.
Chapter 44 of title 18, United States Code, is amended-
(1) by adding at the end thereof the following new section:
"931. Additional assault weapons
"The Secretary, in consultation with the Attorney General, may, when
appropriate, recommend to the Congress the addition or deletion of
firearms to be designated as assault weapons."; and
(2) in the table of sections by adding at the end thereof the
following new item:
"931. Additional assault weapons.".
SEC. 705. ENHANCED PENALTIES.
Section 924(c) of title 18, United States Code, is amended by inserting
"and if the firearm is an assault weapon, to imprisonment for 10 years,"
after "sentenced to imprisonment for five years,".
SEC. 706. DISABILITY.
Section 922(g)(1) of title 18, United States Code, is amended by
inserting before the semicolon at the end thereof the following: "or a
violation of section 924(i) of this chapter".
SEC. 707. STUDY BY ATTORNEY GENERAL.
(a) IN GENERAL.-The Attorney General is authorized and directed to
investigate and study the effect of the provisions of this title and the
amendments made by this title and any impact therefrom on violent and
drug trafficking crime. Such study shall be done over a period of 18
months, commencing 12 months after the date of enactment of this title.
(b) REPORT.-No later than 30 months after the date of enactment of this
title, the Attorney General shall prepare and submit to the Senate of the
United States, a report setting forth in detail the findings and
determinations made pursuant to subsection (a).
SEC. 708. SUNSET PROVISION.
Unless otherwise provided, this title and the amendments made by this
title shall become effective 30 days after the date of enactment of this
title. This title, except for section 407, shall be effective for a
period of 3 years. At the end of such 3-year period this title and the
amendments made by this title, except for section 407, shall be repealed.
TITLE VIII-POLICE CORPS AND LAW ENFORCEMENT TRAINING AND EDUCATION ACT
SEC. 801. SHORT TITLE.
This title may be cited as the "Police Corps and Law Enforcement
Training and Education Act".
SEC. 802. PURPOSES.
The purposes of this title are to-
(1) address violent crime by increasing the number of police with
advanced education and training on community patrol;
(2) provide educational assistance to law enforcement personnel and
to students who possess a sincere interest in public service in the
form of law enforcement; and
(3) assist State and local law enforcement efforts to enhance the
educational status of law enforcement personnel both through
increasing the educational level of existing officers and by
recruiting more highly educated officers.
SEC. 803. ESTABLISHMENT OF OFFICE OF THE POLICE CORPS AND LAW ENFORCEMENT
EDUCATION.
(a) ESTABLISHMENT.-There is established in the Department of Justice,
under the general authority of the Attorney General, an Office of the
Police Corps and Law Enforcement Education.
(b) APPOINTMENT OF DIRECTOR.-The Office of the Police Corps and Law
Enforcement Education shall be headed by a Director (referred to in this
title as the "Director") who shall be appointed by the President, by and
with the advice and consent of the Senate.
(c) RESPONSIBILITIES OF DIRECTOR.-The Director shall be responsible for
the administration of the Police Corps program established in subtitle A
and the Law Enforcement Scholarship program established in subtitle B and
shall have authority to promulgate regulations to implement this title.
SEC. 804. DESIGNATION OF LEAD AGENCY AND SUBMISSION OF STATE PLAN.
(a) LEAD AGENCY.-A State that desires to participate in the Police
Corps program under subtitle A or the Law Enforcement Scholarship program
under subtitle B shall designate a lead agency that will be responsible
for-
(1) submitting to the Director a State plan described in subsection
(b); and
(2) administering the program in the State.
(b) STATE PLANS.-A State plan shall-
(1) contain assurances that the lead agency shall work in
cooperation with the local law enforcement liaisons, representatives
of police labor organizations and police management organizations,
and other appropriate State and local agencies to develop and
implement interagency agreements designed to carry out the program;
(2) contain assurances that the State shall advertise the
assistance available under this title;
(3) contain assurances that the State shall screen and select law
enforcement personnel for participation in the program;
(4) if the State desires to participate in the Police Corps program
under subtitle A, meet the requirements of section 816; and
(5) if the State desires to participate in the Law Enforcement
Scholarship program under subtitle B, meet the requirements of
section 826.
Subtitle A-Police Corps Program
SEC. 811. DEFINITIONS.
For the purposes of this subtitle-
(1) the term "academic year" means a traditional academic year
beginning in August or September and ending in the following May or
June;
(2) the term "dependent child" means a natural or adopted child or
stepchild of a law enforcement officer who at the time of the
officer's death-
(A) was no more than 21 years old; or
(B) if older than 21 years, was in fact dependent on the
child's parents for at least one-half of the child's support
(excluding educational expenses), as determined by the Director;
(3) the term "educational expenses" means expenses that are
directly attributable to-
(A) a course of education leading to the award of the
baccalaureate degree; or
(B) a course of graduate study following award of a
baccalaureate degree,
including the cost of tuition, fees, books, supplies, transportation,
room and board and miscellaneous expenses;
(4) the term "participant" means a participant in the Police Corps
program selected pursuant to section 813;
(5) the term "State" means a State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, American Samoa, Guam, and the Commonwealth of the Northern
Mariana Islands; and
(6) the term "State Police Corps program" means a State police
corps program approved under section 816.
SEC. 812. SCHOLARSHIP ASSISTANCE.
(a) SCHOLARSHIPS AUTHORIZED.-(1) The Director is authorized to award
scholarships to participants who agree to work in a State or local police
force in accordance with agreements entered into pursuant to subsection
(d).
(2)(A) Except as provided in subparagraph (B) each scholarship payment
made under this section for each academic year shall not exceed-
(i) $ 10,000; or
(ii) the cost of the educational expenses related to attending an
institution of higher education.
(B) In the case of a participant who is pursuing a course of
educational study during substantially an entire calendar year, the
amount of scholarship payments made during such year shall not exceed
$ 13,333.
(C) The total amount of scholarship assistance received by any one
student under this section shall not exceed $ 40,000.
(4) Recipients of scholarship assistance under this section shall
continue to receive such scholarship payments only during such periods as
the Director finds that the recipient is maintaining satisfactory
progress as determined by the institution of higher education the
recipient is attending.
(5)(A) The Director shall make scholarship payments under this section
directly to the institution of higher education that the student is
attending.
(B) Each institution of higher education receiving a payment on behalf
of a participant pursuant to subparagraph (A) shall remit to such student
any funds in excess of the costs of tuition, fees, and room and board
payable to the institution
(b) REIMBURSEMENT AUTHORIZED.-(1) The Director is authorized to make
payments to a participant to reimburse such participant for the costs of
educational expenses if such student agrees to work in a State or local
police force in accordance with the agreement entered into pursuant to
subsection (d).
(2)(A) Each payment made pursuant to paragraph (1) for each academic
year of study shall not exceed-
(i) $ 10,000; or
(ii) the cost of educational expenses related to attending an
institution of higher education.
(B) In the case of a participant who is pursuing a course of
educational study during substantially an entire calendar year, the
amount of scholarship payments made during such year shall not exceed
$ 13,333.
(C) The total amount of payments made pursuant to subparagraph (A) to
any one student shall not exceed $ 40,000.
(c) USE OF SCHOLARSHIP.-Scholarships awarded under this subsection
shall only be used to attend a 4-year institution of higher education.
(d) AGREEMENT.-(1) Each participant receiving a scholarship or a
payment under this section shall enter into an agreement with the
Director. Each such agreement shall contain assurances that the
participant shall-
(A) after successful completion of a baccalaureate program and
training as prescribed in section 814, work for 4 years in a
State or local police force without there having arisen
sufficient cause for the participant's dismissal under the rules
applicable to members of the police force of which the
participant is a member;
(B) complete satisfactorily-
(i) an educational course of study and receipt of a
baccalaureate degree (in the case of undergraduate study) or
the reward of credit to the participant for having completed
one or more graduate courses (in the case of graduate study);
(ii) Police Corps training and certification by the
Director that the participant has met such performance
standards as may be established pursuant to section 814; and
(C) repay all of the scholarship or payment received plus
interest at the rate of 10 percent in the event that the
conditions of subparagraphs (A) and (B) are not complied with.
(2)(A) A recipient of a scholarship or payment under this section shall
not be considered in violation of the agreement entered into pursuant to
paragraph (1) if the recipient-
(i) dies; or
(ii) becomes permanently and totally disabled as established by the
sworn affidavit of a qualified physician.
(B) In the event that a scholarship recipient is unable to comply with
the repayment provision set forth in subparagraph (B) of paragraph (1)
because of a physical or emotional disability or for good cause as
determined by the Director, the Director may substitute community service
in a form prescribed by the Director for the required repayment.
(C) The Director shall expeditiously seek repayment from participants
who violate the agreement described in paragraph (1).
(e) DEPENDENT CHILD.-A dependent child of a law enforcement officer-
(1) who is a member of a State or local police force or is a Federal
criminal investigator or uniformed police officer,
(2) who is not a participant in the Police Corps program, but
(3) who serves in a State for which the Director has approved a
Police Corps plan, and
(4) who is killed in the course of performing police duties,
shall be entitled to the scholarship assistance authorized in this
section. Such dependent child shall not incur any repayment obligation in
exchange for the scholarship assistance provided in this section.
(f) GROSS INCOME.-For purposes of section 61 of the Internal Revenue
Code of 1986, a participant's or dependent child's gross income shall not
include any amount paid as scholarship assistance under this section or
as a stipend under section 814.
(g) APPLICATION.-Each participant desiring a scholarship or payment
under this section shall submit an application as prescribed by the
Director in such manner and accompanied by such information as the
Director may reasonably require.
(h) DEFINITION.-For the purposes of this section the term "institution
of higher education" has the meaning given that term in the first
sentence of section 1201(a) of the Higher Education Act of 1965 (20
U.S.C. 1141(a)).
SEC. 813. SELECTION OF PARTICIPANTS.
(a) IN GENERAL.-Participants in State Police Corps programs shall be
selected on a competitive basis by each State under regulations
prescribed by the Director.
(b) SELECTION CRITERIA AND QUALIFICATIONS.-(1) In order to participate
in a State Police Corps program, a participant must-
(A) be a citizen of the United States or an alien lawfully admitted
for permanent residence in the United States;
(B) meet the requirements for admission as a trainee of the State
or local police force to which the participant will be assigned
pursuant to section 815(c)(5), including achievement of satisfactory
scores on any applicable examination, except that failure to meet the
age requirement for a trainee of the State or local police shall not
disqualify the applicant if the applicant will be of sufficient age
upon completing an undergraduate course of study;
(C) possess the necessary mental and physical capabilities and
emotional characteristics to discharge effectively the duties of a
law enforcement officer;
(D) be of good character and demonstrate sincere motivation and
dedication to law enforcement and public service;
(E) in the case of an undergraduate, agree in writing that the
participant will complete an educational course of study leading to
the award of a baccalaureate degree and will then accept an
appointment and complete 4 years of service as an officer in the
State police or in a local police department within the State;
(F) in the case of a participant desiring to undertake or continue
graduate study, agree in writing that the participant will accept an
appointment and complete 4 years of service as an officer in the
State police or in a local police department within the State before
undertaking or continuing graduate study;
(G) contract, with the consent of the participant's parent or
guardian if the participant is a minor, to serve for 4 years as an
officer in the State police or in a local police department, if an
appointment is offered; and
(H) except as provided in paragraph (2), be without previous law
enforcement experience.
(2)(A) Until the date that is 5 years after the date of enactment of
this title, up to 10 percent of the applicants accepted into the Police
Corps program may be persons who-
(i) have had some law enforcement experience; and
(ii) have demonstrated special leadership potential and dedication
to law enforcement.
(B)(i) The prior period of law enforcement of a participant selected
pursuant to subparagraph (A) shall not be counted toward satisfaction of
the participant's 4-year service obligation under section 815, and such a
participant shall be subject to the same benefits and obligations under
this subtitle as other participants, including those stated in section
(b)(1) (E) and (F).
(ii) Clause (i) shall not be construed to preclude counting a
participant's previous period of law enforcement experience for purposes
other than satisfaction of the requirements of section 815, such as for
purposes of determining such a participant's pay and other benefits,
rank, and tenure.
(3) It is the intent of this Act that there shall be no more than
20,000 participants in each graduating class. The Director shall approve
State plans providing in the aggregate for such enrollment of applicants
as shall assure, as nearly as possible, annual graduating classes of
20,000. In a year in which applications are received in a number greater
than that which will produce, in the judgment of the Director, a
graduating class of more than 20,000, the Director shall, in deciding
which applications to grant, give preference to those who will be
participating in State plans that provide law enforcement personnel to
areas of greatest need.
(c) RECRUITMENT OF MINORITIES.-Each State participating in the Police
Corps program shall make special efforts to seek and recruit applicants
>from among members of racial and ethnic groups whose representation on
the police forces within the State is substantially less than in the
population of the State as a whole. This subsection does not authorize an
exception from the competitive standards for admission established
pursuant to subsections (a) and (b).
(d) ENROLLMENT OF APPLICANT.-(1) An applicant shall be accepted into a
State Police Corps program on the condition that the applicant will be
matriculated in, or accepted for admission at, a 4-year institution of
higher education (as described in the first sentence of section 1201(a)
of the Higher Education Act of 1965 (20 U.S.C. 1141(a)))-
(A) as a full-time student in an undergraduate program; or
(B) for purposes of taking a graduate course.
(2) If the applicant is not matriculated or accepted as set forth in
paragraph (1), the applicant's acceptance in the program shall be
revoked.
(e) LEAVE OF ABSENCE.-(1) A participant in a State Police Corps program
who requests a leave of absence from educational study, training or
service for a period not to exceed 1 year (or 18 months in the aggregate
in the event of multiple requests) due to temporary physical or emotional
disability shall be granted such leave of absence by the State.
(2) A participant who requests a leave of absence from educational
study, training or service for a period not to exceed 1 year (or 18
months in the aggregate in the event of multiple requests) for any reason
other than those listed in paragraph (1) may be granted such leave of
absence by the State.
(f) ADMISSION OF APPLICANTS.-An applicant may be admitted into a State
Police Corps program either before commencement of or during the
applicant's course of educational study.
SEC. 814. POLICE CORPS TRAINING.
(a) IN GENERAL.-(1) The Director shall establish programs of training
for Police Corps participants. Such programs may be carried out at up to
3 training centers established for this purpose and administered by the
Director, or by contracting with existing State training facilities. The
Director shall contract with a State training facility upon request of
such facility if the Director determines that such facility offers a
course of training substantially equivalent to the Police Corps training
program described in this subtitle.
(2) The Director is authorized to enter into contracts with
individuals, institutions of learning, and government agencies (including
State and local police forces), to obtain the services of persons
qualified to participate in and contribute to the training process.
(3) The Director is authorized to enter into agreements with agencies
of the Federal Government to utilize on a reimbursable basis space in
Federal buildings and other resources.
(4) The Director may authorize such expenditures as are necessary for
the effective maintenance of the training centers, including purchases of
supplies, uniforms, and educational materials, and the provision of
subsistence, quarters, and medical care to participants.
(b) TRAINING SESSIONS.-A participant in a State Police Corps program
shall attend two 8-week training sessions at a training center, one
during the summer following completion of sophomore year and one during
the summer following completion of junior year. If a participant enters
the program after sophomore year, the participant shall complete 16 weeks
of training at times determined by the Director.
(c) FURTHER TRAINING.-The 16 weeks of Police Corps training authorized
in this section is intended to serve as basic law enforcement training
but not to exclude further training of participants by the State and
local authorities to which they will be assigned. Each State plan
approved by the Director under section 816 shall include assurances that
following completion of a participant's course of education each
participant shall receive appropriate additional training by the State or
local authority to which the participant is assigned. The time spent by a
participant in such additional training, but not the time spent in Police
Corps training, shall be counted toward fulfillment of the participant's
4-year service obligation.
(d) COURSE OF TRAINING.-The training sessions at training centers
established under this section shall be designed to provide basic law
enforcement training, including vigorous physical and mental training to
teach participants self-discipline and organizational loyalty and to
impart knowledge and understanding of legal processes and law
enforcement.
(e) EVALUATION OF PARTICIPANTS.-A participant shall be evaluated during
training for mental, physical, and emotional fitness, and shall be
required to meet performance standards prescribed by the Director at the
conclusion of each training session in order to remain in the Police
Corps program.
(f) STIPEND.-The Director shall pay participants in training sessions a
stipend of $ 250 a week during training.
SEC. 815. SERVICE OBLIGATION.
(a) SWEARING IN.-Upon satisfactory completion of the participant's
course of education and training program established in section 814 and
meeting the requirements of the police force to which the participant is
assigned, a participant shall be sworn in as a member of the police force
to which the participant is assigned pursuant to the State Police Corps
plan, and shall serve for 4 years as a member of that police force.
(b) RIGHTS AND RESPONSIBILITIES.-A participant shall have all of the
rights and responsibilities of and shall be subject to all rules and
regulations applicable to other members of the police force of which the
participant is a member, including those contained in applicable
agreements with labor organizations and those provided by State and local
law.
(c) DISCIPLINE.-If the police force of which the participant is a
member subjects the participant to discipline such as would preclude the
participant's completing 4 years of service, and result in denial of
educational assistance under section 812, the Director may, upon a
showing of good cause, permit the participant to complete the service
obligation in an equivalent alternative law enforcement service and, if
such service is satisfactorily completed, section 812(d)(1)(C) shall not
apply.
SEC. 816. STATE PLAN REQUIREMENTS.
A State Police Corps plan shall-
(1) provide for the screening and selection of participants in
accordance with the criteria set out in section 813;
(2) state procedures governing the assignment of participants in
the Police Corps program to State and local police forces (no more
than 10 percent of all the participants assigned in each year by each
State to be assigned to a statewide police force or forces);
(3) provide that participants shall be assigned to those geographic
areas in which-
(A) there is the greatest need for additional law enforcement
personnel; and
(B) the participants will be used most effectively;
(4) provide that to the extent consistent with paragraph (3), a
participant shall be assigned to an area near the participant's home
or such other place as the participant may request;
(5) provide that to the extent feasible, a participant's assignment
shall be made at the time the participant is accepted into the
program, subject to change-
(A) prior to commencement of a participant's fourth year of
undergraduate study, under such circumstances as the plan may
specify; and
(B) from commencement of a participant's fourth year of
undergraduate study until completion of 4 years of police service
by participant, only for compelling reasons or to meet the needs
of the State Police Corps program and only with the consent of
the participant;
(6) provide that no participant shall be assigned to serve with a
local police force-
(A) whose size has declined by more than 5 percent since June
21, 1989; or
(B) which has members who have been laid off but not retired;
(7) provide that participants shall be placed and to the extent
feasible kept on community and preventive patrol;
(8) assure that participants will receive effective training and
leadership;
(9) provide that the State may decline to offer a participant an
appointment following completion of Federal training, or may remove a
participant from the Police Corps program at any time, only for good
cause (including failure to make satisfactory progress in a course of
educational study) and after following reasonable review procedures
stated in the plan; and
(10) provide that a participant shall, while serving as a member of
a police force, be compensated at the same rate of pay and benefits
and enjoy the same rights under applicable agreements with labor
organizations and under State and local law as other police officers
of the same rank and tenure in the police force of which the
participant is a member.
SEC. 817. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this subtitle
$ 400,000,000 for fiscal year 1992 and such sums as are necessary to carry
out the subtitle for fiscal years 1993, 1994, 1995, and 1996.
Subtitle B-Law Enforcement Scholarship Program
SEC. 821. DEFINITIONS.
As used in this subtitle-
(1) the term "educational expenses" means expenses that are
directly attributable to-
(A) a course of education leading to the award of an associate
degree;
(B) a course of education leading to the award of a
baccalaureate degree; or
(C) a course of graduate study following award of a
baccalaureate degree,
including the cost of tuition, fees, books, supplies and related
expenses;
(2) the term "institution of higher education" has the meaning
given that term in section 1201(a) of the Higher Education Act of
1965 (20 U.S.C. 1141(a));
(3) the term "law enforcement position" means employment as an
officer in a State or local police force, or correctional
institution; and
(4) the term "State" means a State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, American Samoa, Guam, and the Commonwealth of the Northern
Mariana Islands.
SEC. 822. ALLOTMENT.
From amounts appropriated under the authority of section 829, the
Director shall allocate-
(1) 80 percent of such funds to States on the basis of the number
of law enforcement officers in each State; and
(2) 20 percent of such funds to States on the basis of the State's
shortage of law enforcement personnel and the need for assistance
under this subtitle.
SEC. 823. PROGRAM ESTABLISHED.
(a) IN GENERAL.-From amounts available pursuant to section 822 each
State shall pay the Federal share of the cost of awarding scholarships to
in-service law enforcement personnel to enable such personnel to seek
further education.
(b) FEDERAL SHARE.-(1) THE FEDERAL SHARE OF THE COST OF SCHOLARSHIPS
UNDER THIS SUBTITLE SHALL NOT EXCEED 60 PERCENT.
(2) THE NON-FEDERAL SHARE OF THE COST OF SCHOLARSHIPS UNDER THIS
SUBTITLE SHALL BE SUPPLIED FROM SOURCES OTHER THAN THE FEDERAL
GOVERNMENT.
(C) RESPONSIBILITIES OF THE DIRECTOR.-The Director shall be responsible
for the administration of the program conducted pursuant to this subtitle
and shall, in consultation with the Assistant Secretary for Postsecondary
Education, promulgate regulations to implement this subtitle.
(d) SPECIAL RULE.-EACH STATE RECEIVING AN ALLOTMENT UNDER SECTION 823
SHALL ENSURE THAT EACH SCHOLARSHIP RECIPIENT UNDER THIS SUBTITLE BE
COMPENSATED AT THE SAME RATE OF PAY AND BENEFITS AND ENJOY THE SAME
RIGHTS UNDER APPLICABLE AGREEMENTS WITH LABOR ORGANIZATIONS AND UNDER
STATE AND LOCAL LAW AS OTHER LAW ENFORCEMENT PERSONNEL OF THE SAME RANK
AND TENURE IN THE OFFICE OF WHICH THE SCHOLARSHIP RECIPIENT IS A MEMBER.
(E) SUPPLEMENTATION OF FUNDING.-FUNDS RECEIVED UNDER THIS SUBTITLE
SHALL ONLY BE USED TO SUPPLEMENT, AND NOT TO SUPPLANT, FEDERAL, STATE, OR
LOCAL EFFORTS FOR RECRUITMENT AND EDUCATION OF LAW ENFORCEMENT PERSONNEL.
SEC. 824. SCHOLARSHIPS.
(a) PERIOD OF AWARD.-Scholarships awarded under this subtitle shall be
for a period of one academic year.
(b) USE OF SCHOLARSHIPS.-Each individual awarded a scholarship under
this subtitle may use such scholarship for educational expenses at any
accredited institution of higher education.
SEC. 825. ELIGIBILITY.
An individual shall be eligible to receive a scholarship under this
subtitle if such individual has been employed in law enforcement for 2
years immediately preceding the date for which assistance is sought.
SEC. 826. STATE PLAN REQUIREMENTS.
A State law enforcement scholarship plan shall-
(1) contain assurances that the State shall make scholarship
payments to institutions of higher education on behalf of individuals
receiving financial assistance under this subtitle;
(2) identify model curriculum and existing programs designed to
meet the educational and professional needs of law enforcement
personnel;
(3) contain assurances that the State shall promote cooperative
agreements with educational and law enforcement agencies to enhance
law enforcement personnel recruitment efforts in high schools and
community colleges; and
(4) contain assurances that the State shall not expend for
administrative expenses more than 8 percent of Federal funds received
under section 823.
SEC. 827. LOCAL APPLICATION.
(a) IN GENERAL.-EACH INDIVIDUAL DESIRING A SCHOLARSHIP UNDER THIS
SUBTITLE SHALL SUBMIT AN APPLICATION TO THE STATE AT SUCH TIME, IN SUCH
MANNER, AND ACCOMPANIED BY SUCH INFORMATION AS THE STATE MAY REASONABLY
REQUIRE. EACH SUCH APPLICATION SHALL DESCRIBE THE ACADEMIC COURSES FOR
WHICH FINANCIAL ASSISTANCE IS SOUGHT.
(B) PRIORITY.-IN AWARDING SCHOLARSHIPS UNDER THIS SUBTITLE, EACH STATE
SHALL GIVE PRIORITY TO APPLICATIONS FROM INDIVIDUALS WHO ARE-
(1) MEMBERS OF RACIAL, ETHNIC, OR GENDER GROUPS WHOSE
REPRESENTATION IN THE LAW ENFORCEMENT AGENCIES WITHIN THE STATE IS
SUBSTANTIALLY LESS THAN IN THE POPULATION ELIGIBLE FOR EMPLOYMENT IN
LAW ENFORCEMENT IN THE STATE; AND
(2) PURSUING AN UNDERGRADUATE DEGREE.
SEC. 828. SCHOLARSHIP AGREEMENT.
(a) IN GENERAL.-Each individual receiving a scholarship under this
subtitle shall enter into an agreement with the Director.
(b) CONTENTS.-Each agreement described in subsection (a) shall-
(1) provide assurances that the individual shall work in a law
enforcement position in the State which awarded such individual the
scholarship in accordance with the service obligation described in
subsection (c) after completion of such individual's academic courses
leading to an associate, bachelor, or graduate degree;
(2) provide assurances that the individual will repay all of the
scholarship assistance awarded under this title in accordance with
such terms and conditions as the Director shall prescribe, in the
event that the requirements of the agreement under paragraph (1) are
not complied with except where the individual-
(A) dies;
(B) becomes physically or emotionally disabled, as established
by the sworn affidavit of a qualified physician; or
(C) has been discharged in bankruptcy; and
(3) set forth the terms and conditions under which an individual
receiving a scholarship under this subtitle may seek employment in
the field of law enforcement in a State other than the State which
awarded such individual the scholarship under this subtitle.
(c) SERVICE OBLIGATION.-(1) Each individual awarded a scholarship under
this subtitle shall work in a law enforcement position in the State which
awarded such individual the scholarship for a period of one month for
each credit hour for which financial assistance is received under this
subtitle.
(2) For purposes of satisfying the requirement specified in paragraph
(1) each individual awarded a scholarship under this Act shall work in a
law enforcement position in the State which awarded such individual the
scholarship for not less than 6 months nor more than 2 years.
SEC. 829. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this subtitle
$ 30,000,000 for fiscal year 1992 and such sums as are necessary to carry
out the subtitle for fiscal years 1993, 1994, 1995, and 1996.
Subtitle C-Reports
SEC. 831. REPORTS TO CONGRESS.
(a) ANNUAL REPORTS.-NO LATER THAN APRIL 1 OF EACH FISCAL YEAR, THE
DIRECTOR SHALL SUBMIT A REPORT TO THE ATTORNEY GENERAL, THE PRESIDENT,
THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND THE PRESIDENT OF THE
SENATE. SUCH REPORT SHALL-
(1) STATE THE NUMBER OF CURRENT AND PAST PARTICIPANTS IN THE POLICE
CORPS PROGRAM AUTHORIZED BY SUBTITLE A, BROKEN DOWN ACCORDING TO THE
LEVELS OF EDUCATIONAL STUDY IN WHICH THEY ARE ENGAGED AND YEARS OF
SERVICE THEY HAVE SERVED ON POLICE FORCES (INCLUDING SERVICE
FOLLOWING COMPLETION OF THE 4-YEAR SERVICE OBLIGATION);
(2) DESCRIBE THE GEOGRAPHIC DISPERSION OF PARTICIPANTS IN THE
POLICE CORPS PROGRAM;
(3) STATE THE NUMBER OF PRESENT AND PAST SCHOLARSHIP RECIPIENTS
UNDER SUBTITLE B, CATEGORIZED ACCORDING TO THE LEVELS OF EDUCATIONAL
STUDY IN WHICH SUCH RECIPIENTS ARE ENGAGED AND THE YEARS OF SERVICE
SUCH RECIPIENTS HAVE SERVED IN LAW ENFORCEMENT;
(4) DESCRIBE THE GEOGRAPHIC, RACIAL, AND GENDER DISPERSION OF
SCHOLARSHIP RECIPIENTS UNDER SUBTITLE B; AND
(5) DESCRIBE THE PROGRESS OF THE PROGRAMS AUTHORIZED BY THIS TITLE
AND MAKE RECOMMENDATIONS FOR CHANGES IN THE PROGRAMS.
(B) SPECIAL REPORT.-NOT LATER THAN 6 MONTHS AFTER THE DATE OF ENACTMENT
OF THIS ACT, THE ATTORNEY GENERAL SHALL SUBMIT A REPORT TO CONGRESS
CONTAINING A PLAN TO EXPAND THE ASSISTANCE PROVIDED UNDER SUBTITLE B TO
FEDERAL LAW ENFORCEMENT OFFICERS. SUCH PLAN SHALL CONTAIN INFORMATION OF
THE NUMBER AND TYPE OF FEDERAL LAW ENFORCEMENT OFFICERS ELIGIBLE FOR SUCH
ASSISTANCE.
TITLE IX-FEDERAL LAW ENFORCEMENT AGENCIES
SEC. 901. SHORT TITLE.
This title may be cited as the "Federal Law Enforcement Act of 1991".
SEC. 902. AUTHORIZATION FOR FEDERAL LAW ENFORCEMENT AGENCIES.
There is authorized to be appropriated for fiscal year 1992,
$ 345,500,000 (which shall be in addition to any other appropriations) to
be allocated as follows:
(1) For the Drug Enforcement Administration, $ 100,500,000, which
shall include:
(A) not to exceed $ 45,000,000 to hire, equip and train not less
than 350 agents and necessary support personnel to expand DEA
investigations and operations against drug trafficking
organizations in rural areas;
(B) not to exceed $ 25,000,000 to expand DEA State and Local
Task Forces, including payment of state and local overtime,
equipment and personnel costs; and
(C) not to exceed $ 5,000,000 to hire, equip and train not less
than 50 special agents and necessary support personnel to
investigate violations of the Controlled Substances Act relating
to anabolic steroids.
(2) For the Federal Bureau of Investigation, $ 98,000,000, for the
hiring of additional agents and support personnel to be dedicated to
the investigation of drug trafficking organizations;
(3) For the Immigration and Naturalization Service, $ 45,000,000, to
be further allocated as follows:
(A) $ 25,000,000 to hire, train and equip no fewer than 500
full-time equivalent Border Patrol officer positions;
(B) $ 20,000,000, to hire, train and equip no fewer than 400
full-time equivalent INS criminal investigators dedicated to drug
trafficking by illegal aliens and to deportations of criminal
aliens.
(4) For the United States attorneys, $ 45,000,000 to hire and train
not less than 350 additional prosecutors and support personnel
dedicated to the prosecution of drug trafficking and related
offenses;
(5) For the United States Marshals Service, $ 10,000,000;
(6) For the Bureau of Alcohol, Tobacco, and Firearms, $ 15,000,000
to hire, equip and train not less than 100 special agents and support
personnel to investigate firearms violations committed by drug
trafficking organizations, particularly violent gangs;
(7) For the United States courts, $ 20,000,000 for additional
magistrates, probation officers, other personnel and equipment to
address the case-load generated by the additional investigative and
prosecutorial resources provided in this title; and
(8) For Federal defender services, $ 12,000,000 for the defense of
persons prosecuted for drug trafficking and related crimes.
TITLE X-HABEAS CORPUS REFORM ACT
SEC. 1001. SHORT TITLE.
This title may be cited as the "Habeas Corpus Reform Act of 1991".
SEC. 1002. SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES.
Part VI of title 28 of the United States Code is amended by inserting
following chapter 153 the following new chapter:
"CHAPTER 154-SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES
"Sec.
"2256. Prisoners in State custody subject to capital sentence;
appointment of counsel; requirement of rule of court or statute;
procedures for appointment.
"2257. Mandatory stay of execution; duration; limits on stays of
execution; successive petitions.
"2258. Filing of habeas corpus petition; time requirements; tolling
rules.
"2259. Evidentiary hearings; scope of Federal review; district court
adjudication.
"2260. Certificate of probable cause inapplicable.
"2261. Counsel in capital cases; trial and post-conviction; standards.
"2262. Law controlling in Federal habeas corpus proceedings;
retroactivity.
"2256. Prisoners in State custody subject to capital sentence;
appointment of counsel; requirement of rule of court or statute;
procedures for appointment
"(a) This chapter shall apply to cases arising under section 2254 of
this title brought by prisoners in State custody who are subject to a
capital sentence. It shall apply only if subsections (b) and (c) are
satisfied.
"(b) This chapter is applicable if a State establishes by rule of its
court of last resort or by statute a mechanism for the appointment,
compensation, and payment of reasonable fees and litigation expenses of
competent counsel consistent with section 2261 of this title.
"(c)(1) Upon receipt of notice that counsel has been appointed to
represent a prisoner under sentence of death after the prisoner's
conviction and sentence have been upheld on direct review in a State
court of last resort or in the Supreme Court of the United States if
application is made to that court, the State court of last resort shall
enter an order confirming the appointment and shall direct its clerk to
forward the record of the case to the attorney appointed.
"(2) Upon receipt of notice that counsel has been offered to, but
declined by, a prisoner described in paragraph (1), the State court of
last resort shall direct an appropriate court or judge to hold a hearing,
at which the prisoner and the attorney offered to the prisoner shall be
present, to determine whether the prisoner is competent to decide whether
to accept or reject the appointment of counsel and whether, if competent,
the prisoner knowingly and intelligently waives the appointment of
counsel. The court or judge shall report its determinations to the State
court of last resort, which shall review the determinations for error. If
the State court of last resort concludes that the prisoner is incompetent
and does not waive counsel, the court shall enter an order confirming the
appointment of the attorney assigned to the prisoner by the appointing
authority and shall direct the clerk to forward the record to the
attorney appointed. If the court concludes that the prisoner is competent
and waives counsel, the court shall enter an order that counsel need not
be appointed and shall direct the clerk to forward the record to the
prisoner.
"(3) Nothing in this section requires the appointment of counsel to a
prisoner who is not indigent.
"(d) No counsel appointed pursuant to subsections (b) and (c) to
represent a State prisoner in State collateral proceedings shall have
previously represented the prisoner at trial or on direct appeal in the
case for which the appointment is made unless the prisoner and counsel
expressly request continued representation.
"(e) The ineffectiveness or incompetence of counsel appointed under
this chapter during State or Federal collateral post-conviction
proceedings shall not be a ground for relief in a proceeding arising
under this chapter or section 2254 of this title. This limitation shall
not preclude the appointment of different counsel at any phase of State
or Federal post-conviction proceedings.
"2257. Mandatory stay of execution; duration; limits on stays of
execution; successive petitions
"(a) Upon the entry in the State court of last resort of an order
pursuant to section 2256(c) of this title, a warrant or order setting an
execution date for a State prisoner shall be stayed upon application to
any court that would have jurisdiction over any proceedings filed
pursuant to section 2254 of this title. The application must recite that
the State has invoked the post-conviction review procedures of this
chapter and that the scheduled execution is subject to stay.
"(b) A stay of execution granted pursuant to subsection (a) shall
expire if-
"(1) a State prisoner fails to file a habeas corpus petition under
section 2254 of this title within the time required in section 2258
of this title;
"(2) upon completion of district court and court of appeals review
under section 2254 of this title the petition for relief is denied
and-
"(A) the time for filing a petition for certiorari has expired
and no petition has been filed;
"(B) a timely petition for certiorari was filed and the Supreme
Court denied the petition; or
"(C) a timely petition for certiorari was filed and upon
consideration of the case, the Supreme Court disposed of it in a
manner that left the capital sentence undisturbed; or
"(3) before a court of competent jurisdiction, in the presence of
counsel and after having been advised of the consequences of his
decision, a State prisoner under capital sentence waives the right to
pursue habeas corpus review under section 2254 of this title.
"(c) If one of the conditions in subsection (b) has occurred, no
Federal court thereafter shall have the authority to enter a stay of
execution or grant relief in a capital case unless-
"(1) the basis for the stay and request for relief is a claim not
previously presented by the prisoner in the State or Federal courts,
and the failure to raise the claim is-
"(A) the result of State action in violation of the
Constitution or laws of the United States;
"(B) the result of the Supreme Court recognition of a new
Federal right that is retroactively applicable; or
"(C) based on a factual predicate that could not have been
discovered through the exercise of reasonable diligence;
"(2) the facts underlying the claim would be sufficient, if proven,
to undermine the court's confidence in the jury's determination of
guilt on the offense or offenses for which the death penalty was
imposed; or
"(3) a stay and consideration of the requested relief are necessary
to prevent a miscarriage of justice.
"2258. Filing of habeas corpus petition; time requirements; tolling rules
"Any petition for habeas corpus relief under section 2254 of this title
must be filed in the appropriate district court not later than 365 days
after the date of filing in the State court of last resort of an order
issued in compliance with section 2256(c) of this title. The time
requirements established by this section shall be tolled-
"(1) from the date that a petition for certiorari is filed in the
Supreme Court until the date of final disposition of the petition if
a State prisoner seeks review of a capital sentence that has been
affirmed on direct appeal by the court of last resort of the State or
has otherwise become final for State law purposes;
"(2) during any period in which a State prisoner under capital
sentence has a properly filed request for post-conviction review
pending before a State court of competent jurisdiction and if all
State filing rules are met in a timely manner, this period shall run
continuously from the date that the State prisoner initially files
for post-conviction review until final disposition of the case by the
State court of last resort, and further until final disposition of
the matter by the Supreme Court of the United States, if a timely
petition for review is filed; and
"(3) during an additional period not to exceed 90 days, if counsel
for the State prisoner-
"(A) moves for an extension of time in the United States
district court that would have proper jurisdiction over the case
upon the filing of a habeas corpus petition under section 2254 of
this title; and
"(B) makes a showing of good cause for counsel's inability to
file the habeas corpus petition within the 365-day period
established by this section.
"2259. Evidentiary hearings; scope of Federal review; district court
adjudication
"(a) Whenever a State prisoner under a capital sentence files a
petition for habeas corpus relief to which this chapter applies, the
district court shall-
"(1) determine the sufficiency of the evidentiary record for habeas
corpus review; and
"(2) conduct any requested evidentiary hearing necessary to
complete the record for habeas corpus review.
Upon the development of a complete evidentiary record under this
subsection, the district court shall rule on the merits of the claims
properly before it.
"(b)(1) Except as provided in paragraph (2), a district court may
refuse to consider a claim under this section if-
"(A) the prisoner previously failed to raise the claim in State
court at the time and in the manner prescribed by State law;
"(B) the State courts, for that reason, refused or would refuse to
entertain the claim; and
"(C) such refusal would constitute an adequate and independent
State law ground that would foreclose direct review of the State
court judgment in the United States Supreme Court.
"(2) A district court shall consider a claim under this section if the
prisoner shows that the failure to raise the claim in a State court was
due to the ignorance or neglect of the prisoner or counsel or if the
failure to consider such a claim would result in a miscarriage of
justice.
"2260. Certificate of probable cause inapplicable
"The requirement of a certificate of probable cause in order to appeal
>from the district court to the court of appeals does not apply to habeas
corpus cases subject to this chapter except when a second or successive
petition is filed.
"2261. Counsel in capital cases; trial and post-conviction; standards
"(a) A mechanism for the provision of counsel services to indigents
sufficient to invoke the provisions of this chapter under section 2256(b)
of this title shall provide for counsel to-
"(1) indigents charged with offenses for which capital punishment
is sought;
"(2) indigents who have been sentenced to death and who seek
appellate or collateral review in State court; and
"(3) indigents who have been sentenced to death and who seek
certiorari review in the United States Supreme Court.
"(b)(1) In the case of an appointment made before trial, at least one
attorney appointed under this chapter must have been admitted to practice
in the court in which the prosecution is to be tried for not less than 5
years, and must have had not less than 3 years' experience in the trial
of felony prosecutions in that court.
"(2) In the case of an appointment made after trial, at least one
attorney appointed under this chapter must have been admitted to practice
in the court of last resort of the State for not less than 5 years, and
must have had not less than 3 years' experience in the handling of
appeals in that State courts in felony cases.
"(3) Notwithstanding paragraphs (1) and (2) of this subsection, a
court, for good cause and upon the defendant's request, may appoint
another attorney whose background, knowledge, or experience would
otherwise enable the attorney to properly represent the defendant, with
due consideration of the seriousness of the possible penalty and the
unique and complex nature of the litigation.
"(c) Upon a finding in ex parte proceedings that investigative, expert
or other services are reasonably necessary for the representation of the
defendant, whether in connection with issues relating to guilt or issues
relating to sentence, the court shall authorize the defendant's attorney
to obtain such services on behalf of the defendant and shall order the
payment of fees and expenses therefor, under subsection (d). Upon finding
that timely procurement of such services could not practicably await
prior authorization, the court may authorize the provision of and payment
of such services nunc pro tunc.
"(d) Notwithstanding the rates and maximum limits generally applicable
to criminal cases and any other provision of law to the contrary, the
court shall fix the compensation to be paid to an attorney appointed
under this subsection and the fees and expenses to be paid for
investigative, expert, and other reasonably necessary services authorized
under subsection (c), at such rates or amounts as the court determines to
be reasonably necessary to carry out the requirements of this
subsection.".
SEC. 1003. LAW APPLICABLE IN CHAPTER 153 PROCEEDINGS.
(a) IN GENERAL.-Chapter 153 of title 28, United States Code, is amended
by adding at the end the following:
"2255A. Law applicable
"(a) Except as provided in subsection (b) of this section, each claim
under this chapter shall be governed by the law existing on the date the
court determines the claim.
"(b) In determining whether to apply a new rule, the court shall
consider-
"(1) the purpose to be served by the new rule;
"(2) the extent of the reliance by law enforcement authorities on a
different rule; and
"(3) the effect on the administration of justice of the application
of the new rule.
"(c) For purposes of this section, the term 'new rule' means a sharp
break from precedent announced by the Supreme court of the United States
that explicitly and substantially changes the law from that governing at
the time the claimant's sentence became final. A rule is not new merely
because, based on precedent existing before the rule's announcement, it
was susceptible to debate among reasonable minds.".
(b) CHAPTER ANALYSIS.-The chapter analysis of chapter 153 of title 28,
United States Code, is amended by adding at the end thereof the
following:
"2255A. Law applicable.".
TITLE XI-PUNISHMENT OF GUN CRIMINALS
SEC. 1101. SHORT TITLE.
This title may be cited as the "Gun Criminals Punishment Act of 1991".
SEC. 1102. DEATH PENALTY FOR GUN MURDERS.
Section 924(c) of title 18, United States Code, is amended by-
(1) inserting "(A)" after "(1)";
(2) designating the second sentence as subparagraph (B);
(3) designating the third and fourth sentences as subparagraph (D);
and
(4) inserting before subparagraph (D) the following:
"(C) Whoever violates the terms of subparagraph (A) and, with the
intent to kill, discharges a firearm that kills another person, shall be
sentenced to death or life imprisonment without release.".
SEC. 1103. INCREASED PENALTIES FOR VIOLENT GUN CRIMES.
(a) IN GENERAL.-Section 924(c)(1) of title 18, United States Code, is
amended by-
(1) striking subparagraph (A) and inserting the following:
"(A) Whoever, during and in relation to any crime of violence or drug
trafficking crime (including a crime of violence or drug trafficking
crime which provides an enhanced punishment if committed by the use of a
deadly or dangerous weapon or device) for which the person may be
prosecuted in a court of the United States-
"(i) carries, possesses, or discharges a firearm, with the intent
to injure another person, shall, in addition to the penalties already
provided for such crime of violence or drug trafficking crime, be
sentenced to imprisonment for a term from 5 to 10 years;
"(ii) carries, possesses or discharges a firearm that is an assault
weapon, shall, in addition to the penalties already provided for such
crime of violence or drug trafficking crime, be sentenced to
imprisonment for a term from 10 to 15 years; or
"(iii) carries, possesses or discharges a firearm that is a machine
gun, an explosive device, or is equipped with a firearm silencer or
firearm muffler, shall be sentenced to imprisonment for 30 years.";
and
(2) striking subparagraph (B), as designated by section 1102 of
this Act, and inserting the following:
"(B) In the case of a second conviction under this subsection, such
person shall be sentenced to imprisonment for 20 years and, if the
firearm is an assault weapon, a machinegun, an explosive device, or is
equipped with a firearm silencer or firearm muffler, to life
imprisonment.".
"(b) SENTENCING GUIDELINES FOR NEW PENALTIES.-Pursuant to its authority
under section 994(p) of title 28, United States Code, the United States
Sentencing Commission, shall promulgate guidelines or amend existing
guidelines to provide for a sentencing enhancement in accord with the
provisions of subsection (c)(1)(A) of section 924 of title 18, United
States Code.".
SEC. 1104. POSSESSION OF AN EXPLOSIVE DURING THE COMMISSION OF A FELONY.
(a) POSSESSION OF EXPLOSIVES.-Section 844(h) of title 18, United States
Code, is amended by striking "carries an explosive during" and inserting
"carries or otherwise possesses an explosive during".
(b) PENALTY.-Section 844(h) of title 18, United States Code, is amended
by striking "ten years" and inserting "twenty years".
SEC. 1105. INCREASED PENALTY FOR KNOWINGLY FALSE, MATERIAL STATEMENT IN
CONNECTION WITH THE ACQUISITION OF A FIREARM FROM A LICENSED DEALER.
Section 924(a) of title 18, United States Code, is amended-
(1) in subsection (a)(1)(B), by striking "(a)(6),"; and
(2) in subsection (a)(2), by inserting "(a)(6)," after
"subsections".
SEC. 1106. CLARIFICATION OF PENALTY ENHANCEMENT.
Section 924(c)(1)(D) of title 18, United States Code, is amended by
striking "convicted of a violation of" and inserting "sentenced pursuant
to".
SEC. 1107. PENALTIES FOR IMPROPER TRANSFER, STEALING FIREARMS, OR
SMUGGLING A FIREARM IN DRUG-RELATED OFFENSE.
Section 924 of title 18, United States Code, is amended by adding at
the end thereof the following:
"(i) Whoever knowingly fails to acquire form 4473, or equivalent
(pursuant to 27 CFR 178.124), with respect to the lawful transferring,
transporting, shipping, receiving, or possessing of any assault weapon,
as required by the provisions of this chapter, shall be fined not more
than $ 1,000 (in accordance with section 3571(e) of this title),
imprisoned for not more than 6 months, or both.".
SEC. 1108. THEFT OF FIREARMS AND EXPLOSIVES.
Section 844 of title 18, United States Code, is amended by adding at
the end the following:
"(k) Whoever steals any explosives materials which are moving as, or
are a part of, or which have moved in, interstate or foreign commerce
shall be imprisoned for not more than 20 years, or fined under this
title, or both.".
SEC. 1109. BAR ON SALE OF FIREARMS AND EXPLOSIVES TO OR POSSESSION OF
FIREARMS AND EXPLOSIVES BY PERSONS CONVICTED OF A VIOLENT OR SERIOUS DRUG
MISDEMEANOR.
(a) FIREARMS.-Sections 842(d)(2) and 922(d)(1) of title 18, United
States Code, are each amended by inserting ", or has been convicted in
any court of any crime of violence involving use of a firearm or
destructive device or misdemeanor drug or narcotic offense (as defined in
section 404(c) of the Controlled Substances Act, 21 U.S.C. 844(c)) for
which the penalty imposed was greater than 6 months (it is a bar to a
prosecution under this paragraph that the conviction for a misdemeanor
drug or narcotic offense occurred prior to the date of enactment of the
Violent Crime Control Act of 1991)" after "crime punishable by
imprisonment for a term exceeding one year";
(b) EXPLOSIVES.-Sections 842(i)(1) and 922(g)(1) of title 18, United
States Code, are each amended by inserting "or has been convicted in any
court of any crime of violence involving use of a firearm or destructive
device or misdemeanor drug or narcotic offense (as defined in section
404(c) of the Controlled Substances Act, 21 U.S.C. 844(c)) for which the
maximum penalty is greater than 6 months (it is a bar to a prosecution
under this section that the conviction for a serious misdemeanor drug or
narcotic offense occurred prior to the date of enactment of the Violent
Crime Control Act of 1991)" after "crime punishable by imprisonment for a
term exceeding one year";
SEC. 1110. PERMITTING CONSIDERATION OF PRETRIAL DETENTION FOR CERTAIN
FIREARMS AND EXPLOSIVES OFFENSES.
Section 3142(f)(1) of title 18, United States Code, is amended by-
(1) striking "or" after the semicolon in subparagraph (C);
(2) redesignating subparagraph (D) as subparagraph (E); and
(3) inserting after subparagraph (C) the following:
"(D) an offense under section 844(a) that is a violation of
subsection (d), (h), or (i) of section 842 or an offense under
section 924(a) that is a violation of subsection (d), (g), (h),
(i), (j), (o), (q), or (s) of section 922; or".
SEC. 1111. DISPOSITION OF FORFEITED FIREARMS.
Subsection 5872(b) of the Internal Revenue Code of 1986 (26 U.S.C.
5872(b)), is amended to read as follows:
"(b) DISPOSAL.-In the case of the forfeiture of any firearm, where
there is no remission or mitigation of forfeiture thereof-
"(1) The Secretary may retain the firearm for official use of the
Department of the Treasury or, if not so retained, offer to transfer
the weapon without charge to any other executive department or
independent establishment of the Government for official use by it
and, if the offer is accepted, so transfer the firearm;
"(2) If the firearm is not disposed of pursuant to paragraph (1),
is a firearm other than a machinegun or a firearm forfeited for a
violation of this chapter, is a firearm that in the opinion of the
Secretary is not so defective that its disposition pursuant to this
paragraph would create an unreasonable risk of a malfunction likely
to result in death or bodily injury, and is a firearm which (in the
judgment of the Secretary, taking into consideration evidence of
present value and evidence that like firearms are not available
except as collector's items, or that the value of like firearms
available in ordinary commercial channels is substantially less)
derives a substantial part of its monetary value from the fact that
it is novel, rare, or because of its association with some historical
figure, period, or event the Secretary may sell such firearm, after
public notice, at public sale to a dealer licensed under the
provisions of chapter 44 of title 18, United States Code;
"(3) If the firearm has not been disposed of pursuant to paragraphs
(1) or (2), the Secretary shall transfer the firearm to the
Administrator of General Services, General Services Administration,
who shall destroy or provide for the destruction of such firearm; and
"(4) No decision or action of the Secretary pursuant to this
subsection shall be subject to judicial review.".
SEC. 1112. CLARIFICATION OF "BURGLARY" UNDER THE ARMED CAREER CRIMINAL
STATUTE.
Section 924(e)(2) of title 18, United States Code, is amended by adding
at the end thereof the following:
"(D) the term 'burglary' means any crime punishable by a term of
imprisonment exceeding one year and consisting of entering or
remaining surreptitiously within a building that is the property of
another with intent to engage in conduct constituting a Federal or
State offense.".
SEC. 1113. CLARIFICATION OF DEFINITION OF CONVICTION.
Section 921(a)(20) of title 18, United States Code, is amended by
adding at the end the following: "Notwithstanding the previous sentence,
if the conviction was for a violent felony involving the threatened or
actual use of a firearm or explosive or was for a serious drug offense,
as defined in section 924(e) of this title, the person shall be
considered convicted for purposes of this chapter irrespective of any
pardon, setting aside, or expunction of the original conviction.".
TITLE XII-PRISON FOR VIOLENT DRUG OFFENDERS
SEC. 1201. REGIONAL PRISONS.
(a) FINDINGS.-THE CONGRESS MAKES THE FOLLOWING FINDINGS:
(1) The total population of Federal, State, and local prisons and
jails increased by 84 percent between 1980 and 1988 and currently
numbers more than 900,000 people.
(2) More than 60 percent of all prisoners have a history of drug
abuse or are regularly using drugs while in prison, but only 11
percent of State prison
inmates and 7 percent of Federal prisoners are enrolled in drug
treatment programs. Hundreds of thousands of prisoners are not
receiving needed drug treatment while incarcerated, and the number of
such persons is increasing rapidly.
(3) Drug-abusing prisoners are highly likely to return to crime
upon release, but the recidivism rate is much lower for those who
successfully complete treatment programs. Providing drug treatment to
prisoners during incarceration therefore provides an opportunity to
break the cycle of recidivism, reducing the crime rate and future
prison overcrowding.
(b) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be
appropriated for the fiscal year ending September 30, 1991, the following
amounts:
(1) $ 600,000,000 for the construction of 10 regional prisons; and
(2) $ 100,000,000 for the operation of such regional prisons for one
year.
Such amounts shall be in addition to any other amounts authorized to be
appropriated to the Bureau of Prisons.
(c) LOCATION AND POPULATION.-The regional prisons authorized by this
section shall be located in places chosen by the Director of National
Drug Control Policy, after consulting with the Director of the Bureau of
Prisons, not less than 6 months after the effective date of this section.
Each such facility shall be used to accommodate a population consisting
of State and Federal prisoners in proportions of 20 percent Federal and
80 percent State.
(d) ELIGIBILITY OF PRISONERS.-The regional prisons authorized by this
section shall be used to incarcerate State and Federal prisoners who have
release dates of not more than 2 years from the date of assignment to the
prison and who have been found to have substance abuse problems requiring
long-term treatment.
(e) STATE RESPONSIBILITIES.-(1) The States shall select prisoners for
assignment to the regional prisons who, in addition to satisfying
eligibility criteria otherwise specified in this section, have long-term
drug abuse problems and serious criminal histories. Selection of such
persons is necessary for the regional prison program to have the maximum
impact on the crime rate and future prison overcrowding, since such
persons are the ones most likely to commit new crimes following release.
Prisoners selected for assignment to a regional prison must agree to the
assignment.
(2) Any State seeking to refer a State prisoner to a regional prison
shall submit to the Director of the Bureau of Prisons (referred to as the
"Director") an aftercare plan setting forth the provisions that the State
will make for the continued treatment of the prisoner in a therapeutic
community following release. The aftercare plan shall also contain
provisions for vocational job training where appropriate.
(3) The State referring the prisoner to the regional prison (referred
to as the "sending State") shall reimburse the Bureau of Prisons for the
full cost of the incarceration and treatment of the prisoner, except that
if the prisoner successfully completes the treatment program, the
Director shall return to the sending State 25 percent of the amount paid
for that prisoner. The total amount returned to each State under this
paragraph in each fiscal year shall be used by that State to provide the
aftercare treatment required by paragraph (2).
(f) POWERS OF THE DIRECTOR.-(1) The Director shall have the exclusive
right to determine whether or not a State or Federal prisoner satisfies
the eligibility requirements of this section, and whether the prisoner is
to be accepted into the regional prison program. The Director shall have
the right to make this determination after the staff of the regional
prison has had an opportunity to interview the prisoner in person.
(2) The Director shall have the exclusive right to determine if a
prisoner in the regional treatment program is complying with all of the
conditions and requirements of the program. The Director shall have the
authority to return any prisoner not complying with the conditions and
requirements of the program to the sending State at any time. The
Director shall notify the sending State whenever such prisoner is
returned that the prisoner has not successfully completed the treatment
program.
TITLE XIII-BOOT CAMPS
SEC. 1301. BOOT CAMPS.
(a) IN GENERAL.-Not later than 1 year after the effective date of this
section, the Attorney General shall establish within the Bureau of
Prisons 10 military-style boot camp prisons (referred to in this title as
"boot camps"). The boot camps will be located on closed military
installations on sites to be chosen by the Director of National Drug
Control Policy, after consultation with the Director of the Bureau of
Prisons, and will provide a highly regimented schedule of strict
discipline, physical training, work, drill, and ceremony characteristic
of military basic training as well as remedial education and treatment
for substance abuse.
(b) CAPACITY.-Each boot camp shall be designed to accommodate between
200 and 300 inmates for periods of not less than 90 days and not greater
than 120 days. Not more than 20 percent of the inmates shall be Federal
prisoners. The remaining inmates shall be State prisoners who are
accepted for participation in the boot camp program pursuant to
subsection (d).
(c) FEDERAL PRISONERS.-Section 3582 of title 18, United States Code, is
amended by adding at the end the following new subsection:
"(e) BOOT CAMP PRISON AS A SENTENCING ALTERNATIVE.-(1) The court, in
imposing sentence in the circumstances described in paragraph (2), may
designate the defendant as eligible for placement in a boot camp prison.
The Bureau of Prisons shall determine whether a defendant so designated
will be assigned to a boot camp prison.
"(2) A defendant may be designated as eligible for placement in boot
camp prison if-
"(A) the defendant-
"(i) is under 25 years of age;
"(ii) has no prior conviction for which he or she has served
more than 10 days incarceration; and
"(iii) has been convicted of an offense involving a controlled
substance punishable under the Controlled Substances Act or the
Controlled Substances Export and Import Act, or any other offense
if the defendant, at the time of arrest or at any time
thereafter, tested positive for the presence of a controlled
substance in his or her blood or urine; and
"(B) the sentencing court finds that the defendant's total offense
level under the Federal sentencing guidelines is level 9 or less.
"(3) If the Director of the Bureau of Prisons finds that an inmate
placed in a boot camp prison pursuant to this subsection has willfully
refused to comply with the conditions of confinement in the boot camp,
the Director may transfer the inmate to any other correctional facility
in the Federal prison system.
"(4) Successful completion of assignment to a boot camp shall
constitute satisfaction of any period of active incarceration, but shall
not affect any aspect of a sentence relating to a fine, restitution, or
supervised release.".
(d) STATE PRISONERS.-(1) Any person who has been convicted of a
criminal offense in any State, or who anticipates entering a plea of
guilty of such offense, but who has not yet been sentenced, may apply to
be assigned to a boot camp. Such application shall be made to the Bureau
of Prisons and shall be in the form designated by the Director of the
Bureau of Prisons and shall contain a statement certified by counsel for
the applicant that at the time of sentencing the applicant is likely to
be eligible for assignment to a boot camp pursuant to paragraph (2). The
Bureau of Prisons shall respond to such applications within 14 days so
that the sentencing court is aware of the result of the application at
the time of sentencing. In responding to such applications, the Bureau of
Prisons shall determine, on the basis of the availability of space,
whether a defendant who becomes eligible for assignment to a boot camp
prison at the time of sentencing will be so assigned.
(2) A person convicted of a State criminal offense shall be eligible
for assignment to a boot camp if he or she-
(A) is under 25 years of age;
(B) has no prior conviction for which he or she has served more
than 10 days incarceration;
(C) has been sentenced to a term of imprisonment that will be
satisfied under the law of the sentencing State if the defendant
successfully completes a term of not less than 90 days nor more than
120 days in a boot camp;
(D) has been designated by the sentencing court as eligible for
assignment to a boot camp; and
(E) has been convicted of an offense involving a controlled
substance (as defined in section 102 of the Controlled Substances Act
(21 U.S.C. 802)), or any other offense if the defendant, at the time
of arrest or at any time thereafter, tested positive for the presence
of a controlled substance in his or her blood or urine.
(3) If the Director of the Bureau of Prisons finds that an inmate
placed in a boot camp prison pursuant to this subsection has willfully
refused to comply with the conditions of confinement in the boot camp,
the Director may transfer the inmate back to the jurisdiction of the
State sentencing court.
(4) Each State that refers a prisoner to a boot camp shall reimburse
the Bureau of Prisons for-
(A) 80 percent of the cost incurred by the Bureau of Prisons for
incarceration and treatment and other services to such prisoner that
successfully completes the program; and
(B) 100 percent of such costs for each prisoner that enters a boot
camp but does not successfully complete the program.
(e) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be
appropriated $ 150,000,000 for fiscal year 1992 of which not more than
$ 12,500,000 shall be used to convert each closed military base to a boot
camp prison and not more than $ 2,500,000 shall be used to operate each
boot camp for one fiscal year. Such amounts shall be in addition to any
other amounts authorized to be appropriated to the Bureau of Prisons.
TITLE XIV-YOUTH VIOLENCE ACT
Subtitle A-Increasing Penalties for Employing Children to Distribute
Drugs Near Schools and Playgrounds
SEC. 1401. STRENGTHENING FEDERAL PENALTIES.
(a) Section 405A of the Controlled Substances Act (21 U.S.C. 845a) is
amended as follows:
(1) at the end of subsection (b) by adding the following:
"(c) Notwithstanding any other provision of law, any person at least 18
years of age who knowingly and intentionally-
"(1) employs, hires, uses, persuades, induces, entices, or coerces,
a person under 18 years of age to violate any provision of this
section; or
"(2) employs, hires, uses, persuades, induces, entices, or coerces,
a person under 18 years of age to assist in avoiding detection or
apprehension for any offense of this section by any Federal, State,
or local law enforcement official,
is punishable by a term of imprisonment, or fine, or both, up to triple
that authorized by section 841(b) of this title.";
(2) in subsection (c) by-
(A) striking "(c)" and inserting in lieu thereof "(d)";
(B) inserting "or (c)" after "imposed under subsection (b)";
and
(C) inserting "or (c)" after "convicted under subsection (b)";
(3) in subsection (d) by striking "(d)" and inserting in lieu
thereof "(e)".
Subtitle B-Antigang Grants
SEC. 1411. GRANT PROGRAM.
The Juvenile Justice and Delinquency Prevention Act of 1974 is amended
in part B by-
(1) inserting after the heading for such part the following:
"Subpart I-General Grant Programs";
and
(2) adding at the end thereof a new subpart II, as follows:
"Subpart II-Juvenile Drug Trafficking and Gang Prevention Grants
"FORMULA GRANTS
"SEC. 231. (a) The Administrator is authorized to make grants to States
and units of general local government or combinations thereof to assist
them in planning, establishing, operating, coordinating, and evaluating
projects directly or through grants and contracts with public and private
agencies for the development of more effective programs including
education, prevention, treatment and enforcement programs to reduce-
(1) the formation or continuation of juvenile gangs; and
(2) the use and sale of illegal drugs by juveniles.
"(b) The grants made under this section can be used for any of the
following specific purposes:
"(1) To reduce the participation of juveniles in drug related
crimes (including drug trafficking and drug use), particularly in and
around elementary and secondary schools;
"(2) To reduce juvenile involvement in organized crime, drug and
gang-related activity, particularly activities that involve the
distribution of drugs by or to juveniles;
"(3) To develop within the juvenile justice system, including the
juvenile corrections system, new and innovative means to address the
problems of juveniles convicted of serious, drug-related and
gang-related offenses;
"(4) To reduce juvenile drug and gang-related activity in public
housing projects;
"(5) To provide technical assistance and training to personnel and
agencies responsible for the adjudicatory and corrections components
of the juvenile justice system to identify drug-dependent or
gang-involved juvenile offenders and to provide appropriate
counseling and treatment to such offenders;
"(6) To promote the involvement of all juveniles in lawful
activities, including in-school and after-school programs for
academic, athletic or artistic enrichment that also teach that drug
and gang involvement are wrong.
"(7) To facilitate Federal and State cooperation with local school
officials to develop education, prevention and treatment programs for
juveniles who are likely to participate in the drug trafficking, drug
use or gang-related activities;
"(8) To prevent juvenile drug and gang involvement in public
housing projects through programs establishing youth sports and other
activities, including girls and boys clubs, scout troops, and little
leagues;
"(9) To provide pre- and post-trial drug abuse treatment to
juveniles in the juvenile justice system; with the highest possible
priority to providing drug abuse treatment to drug-dependent pregnant
juveniles and drug-dependent juvenile mothers; and
"(10) To provide education and treatment programs for youth exposed
to severe violence in their homes, schools or neighborhoods.
"(c) Of the funds made available to each State under this section
(Formula Grants) 50 per centum of the funds made available to each State
in any fiscal year shall be used for juvenile drug supply reduction
programs and 50 per centum shall be used for juvenile drug demand
reduction programs.
"SPECIAL EMPHASIS DRUG DEMAND REDUCTION AND ENFORCEMENT GRANTS
"SEC. 232. (a) The purpose of this section is to provide additional
Federal assistance and support to identify promising new juvenile drug
demand reduction and enforcement programs, to replicate and demonstrate
these programs to serve as national, regional or local models that could
be used, in whole or in part, by other public and private juvenile
justice programs, and to provide technical assistance and training to
public or private organizations to implement similar programs. In making
grants under this section, the Administrator shall give priority to
programs aimed at juvenile involvement in organized gang- and
drug-related activities, including supply and demand reduction programs.
"(b) The Administrator is authorized to make grants to, or enter into
contracts with, public or private non-profit agencies, institutions, or
organizations or individuals to carry out any purpose authorized in
section 231. The Administrator shall have final authority over all funds
awarded under this subchapter.
"(c) Of the total amount appropriated for this subchapter, 20 per
centum shall be reserved and set aside for this section in a special
discretionary fund for use by the Administrator to carry out the purposes
specified in section 231 as described in section 232(a). Grants made
under this section may be made for amounts up to 100 per centum of the
costs of the programs or projects.
"AUTHORIZATION
"SEC. 233. There is authorized to be appropriated $ 100,000,000 in
fiscal year 1992 and such sums as may be necessary in fiscal year 1993 to
carry out the purposes of this subpart.
"ALLOCATION OF FUND
"SEC. 234. Of the total amounts appropriated under this subpart in any
fiscal year the amount remaining after setting aside the amounts required
to be reserved to carry out section 232 (Discretionary Grants) shall be
allocated as follows:
"(1) $ 400,000 shall be allocated to each of the participating
States;
"(2) Of the total funds remaining after the allocation under
paragraph (a), there shall be allocated to each State an amount which
bears the same ratio to the amount of remaining funds described in
this paragraph as the population of juveniles of such State bears to
the population of juveniles of all the States.
"APPLICATION
"SEC. 235. (a) Each State applying for grants under section 231
(Formula Grants) and each public or private entity applying for grants
under section 232 (Discretionary Grants) shall submit an application to
the Administrator in such form and containing such information as the
Administrator shall prescribe.
"(b) To the extent practical, the Administrator shall prescribe
regulations governing applications for this subpart that are
substantially similar to the applications required under part I (general
juvenile justice formula grant) and part C (special emphasis prevention
and treatment grants), including the procedures relating to competition.
"(c) In addition to the requirements prescribed in subsection (b), each
State application submitted under section 231 shall include a detailed
description of how the funds made available shall be coordinated with
Federal assistance provided in parts B and C of title II of the Juvenile
Justice and Delinquency Prevention Act of 1974 and by the Bureau of
Justice Assistance under the Drug Control and System Improvement Grant
program.
"REVIEW AND APPROVAL OF APPLICATIONS
"SEC. 236. The procedures and time limits imposed on the Federal and
State Governments under sections 505 and 508, respectively, of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 relating to the
review of applications and distribution of Federal funds shall apply to
the review of applications and distribution of funds under this
subpart.".
SEC. 1412. CONFORMING AMENDMENTS.
(a) TITLE II.-Section 291 of title II of the Juvenile Justice
Delinquency Prevention Act of 1974 (42 U.S.C. 5671) is amended-
(1) in subsection (a)-
(A) in paragraph (1) by striking "(other than part D)";
(B) and by striking paragraph (2) in its entirety; and
(2) in subsection (b) by striking "(other than part D)".
(b) PART D.-Part D of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974 is hereby repealed.
(c) PART E.-Part E of title II of such Act is redesignated as part D.
Subtitle C-Juvenile Penalties
SEC. 1421. TREATMENT OF VIOLENT JUVENILES AS ADULTS.
(a) JURISDICTION OVER CERTAIN FIREARMS OFFENSES.-Section 5032(a) of
title 18, United States Code, as so designated by this section, is
amended by striking "922(p)" and inserting "924 (b), (g), or (h)".
(b) ADULT STATUS OF JUVENILES WHO COMMIT FIREARMS OFFENSES.-Section
5032(d) of title 18, United States Code, is amended-
(1) by striking "A juvenile" and inserting "(1) Except as provided
in paragraphs (2) and (3), a juvenile";
(2) by striking ", except that," and designating the following
matter up to the semicolon as paragraph (2);
(3) by striking "however" after the semicolon and designating the
remaining matter as paragraph (3); and
(4) by inserting in paragraph (2) "or section 924 (b), (g), or (h)
of this title," after "959),".
(c) FACTORS FOR TRANSFERRING A JUVENILE TO ADULT STATUS.-Section
5032(e) of title 18, United States Code, is amended-
(1) by inserting "(1)" before "Evidence";
(2) by striking "intellectual development and psychological
maturity;" and inserting "level of intellectual development and
maturity; and";
(3) by inserting ", such as rehabilitation and substance abuse
treatment," after "past treatment efforts";
(4) by striking "; the availability of programs designed to treat
the juvenile's behavioral problems"; and
(5) by adding at the end the following:
"(2) In considering the nature of the offense, as required by this
subsection, the court shall 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 and
distribution of controlled substances or firearms. Such factors, if found
to exist, shall weigh heavily in favor of a transfer to adult status, but
the absence of such factors shall not preclude a transfer to adult
status.".
SEC. 1422. SERIOUS DRUG OFFENSES BY JUVENILES AS ARMED CAREER CRIMINAL
ACT PREDICATES.
(a) ACT OF JUVENILE DELINQUENCY.-Section 924(e)(2)(A) of title 18,
United States Code, is amended-
(1) by striking out "or" at the end of clause (i);
(2) by striking out "and" at the end of clause (ii) and inserting
in lieu thereof "or"; and
(3) by adding a new clause (iii), as follows:
"(iii) any act of juvenile delinquency that if committed by an
adult would be punishable under section 401(b)(1)(A) of the
Controlled Substances Act (21 U.S.C. 841(b)(1)(A)); and".
(b) SERIOUS DRUG OFFENSE.-Section 924(e)(2)(C) of title 18, United
States Code, is amended by adding "or serious drug offense" after
"violent felony".
TITLE XV-RURAL CRIME AND DRUG CONTROL ACT
Subtitle A-Fighting Drug Trafficking in Rural Areas
SEC. 1501. AUTHORIZATIONS FOR RURAL LAW ENFORCEMENT AGENCIES.
(a) AUTHORIZATION OF APPROPRIATIONS.-Section 1001(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 is amended by adding
at the end thereof the following new paragraph:
"(7) There are authorized to be appropriated $ 50,000,000 for fiscal
year 1992 and such sums as may be necessary for fiscal years 1993 and
1994 to carry out part O of this title.".
(b) AMENDMENT TO BASE ALLOCATION.-Section 1501(a)(2)(A) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 is amended by
striking "$ 100,000" and inserting in lieu thereof "$ 250,000".
SEC. 1502. RURAL DRUG ENFORCEMENT TASK FORCES.
(a) ESTABLISHMENT.-Not later than 90 days after the date of enactment
of this Act, the Attorney General, in consultation with the Governors,
mayors, and chief executive officers of State and local law enforcement
agencies, shall establish a Rural Drug Enforcement Task Force in each of
the Federal judicial districts which encompass significant rural lands.
(b) TASK FORCE MEMBERSHIP.-The task forces established under subsection
(a) shall be chaired by the United States Attorney for the respective
Federal judicial district. The task forces shall include representatives
from-
(1) State and local law enforcement agencies;
(2) the Drug Enforcement Administration;
(3) the Federal Bureau of Investigation;
(4) the Immigration and Naturalization Service; and
(5) law enforcement officers from the United States Park Police,
United States Forest Service and Bureau of Land Management, and such
other Federal law enforcement agencies as the Attorney General may
direct.
SEC. 1503. CROSS-DESIGNATION OF FEDERAL OFFICERS.
The Attorney General shall cross-designate up to 100 law enforcement
officers from each of the agencies specified under section 1502(b)(5)
with jurisdiction to enforce the provisions of the Controlled Substances
Act on non-Federal lands to the extent necessary to effect the purposes
of this title.
SEC. 1504. RURAL DRUG ENFORCEMENT TRAINING.
(a) SPECIALIZED TRAINING FOR RURAL OFFICERS.-The Director of the
Federal Law Enforcement Training Center shall develop a specialized
course of instruction devoted to training law enforcement officers from
rural agencies in the investigation of drug trafficking and related
crimes.
(b) AUTHORIZATION OF APPROPRIATIONS.-There is authorized to be
appropriated $ 1,000,000 in each of the fiscal years 1992, 1993 and 1994
to carry out the purposes of subsection (a) of this section.
Subtitle B-Increasing Penalties for Certain Drug Trafficking Offenses
SEC. 1511. SHORT TITLE.
This subtitle may be cited as the "Ice Enforcement Act of 1991".
SEC. 1512. STRENGTHENING FEDERAL PENALTIES.
(a) LARGE AMOUNT.-Section 401(b)(1)(A) of the Controlled Substances Act
(21 U.S.C. 841(b)(1)(A)) is amended-
(1) in clause (vii) by striking "or" at the end thereof;
(2) by inserting "or" at the end of clause (viii); and
(3) by adding a new clause (ix) as follows:
"(ix) 25 grams or more of methamphetamine, its salts, isomers,
and salts of its isomers, that is 80 percent pure and crystalline
in form.".
(b) SMALLER AMOUNT.-Section 401(b)(1)(B) of the Controlled Substances
Act (21 U.S.C. 841(b)(1)(B)) is amended as follows:
(1) at the end of clause (vii) by striking "or";
(2) by inserting at the end of clause (viii) the word "or"; and
(3) by adding a new clause (ix) as follows:
"(ix) 5 grams or more of methamphetamine, its salts, isomers,
and salts of its isomers, that is 80 percent pure and crystalline
in form.".
Subtitle C-Rural Drug Prevention and Treatment
SEC. 1521. RURAL SUBSTANCE ABUSE TREATMENT AND EDUCATION GRANTS.
Part A of title V of the Public Health Service Act (42 U.S.C. 290aa et
seq.) is amended by adding at the end thereof the following new section:
"SEC. 509H. RURAL SUBSTANCE ABUSE TREATMENT.
"(a) IN GENERAL.-The Director of the Office for Treatment Improvement
(hereafter referred to in this section as the 'Director') shall establish
a program to provide grants to hospitals, community health centers,
migrant health centers, health entities of Indian tribes and tribal
organizations (as defined in section 1913(b)(5)), and other appropriate
entities that serve nonmetropolitan areas to assist such entities in
developing and implementing projects that provide, or expand the
availability of, substance abuse treatment services.
"(b) REQUIREMENTS.-To receive a grant under this section a hospital,
community health center, or treatment facility shall-
"(1) serve a nonmetropolitan area or have a substance abuse
treatment program that is designed to serve a nonmetropolitan area;
"(2) operate, or have a plan to operate, an approved substance
abuse treatment program;
"(3) agree to coordinate the project assisted under this section
with substance abuse treatment activities within the State and local
agencies responsible for substance abuse treatment; and
"(4) prepare and submit an application in accordance with
subsection (c).
"(c) APPLICATION.-
"(1) IN GENERAL.-TO BE ELIGIBLE TO RECEIVE A GRANT UNDER THIS
SECTION AN ENTITY SHALL SUBMIT AN APPLICATION TO THE DIRECTOR AT SUCH
TIME, IN SUCH MANNER, AND CONTAINING SUCH INFORMATION AS THE DIRECTOR
SHALL REQUIRE.
"(2) COORDINATED APPLICATIONS.-STATE AGENCIES THAT ARE RESPONSIBLE
FOR SUBSTANCE ABUSE TREATMENT MAY SUBMIT COORDINATED GRANT
APPLICATIONS ON BEHALF OF ENTITIES THAT ARE ELIGIBLE FOR GRANTS
PURSUANT TO SUBSECTION (B).
"(D) PREVENTION PROGRAMS.-
"(1) IN GENERAL.-EACH ENTITY RECEIVING A GRANT UNDER THIS SECTION
MAY USE A PORTION OF SUCH GRANT FUNDS TO FURTHER COMMUNITY-BASED
SUBSTANCE ABUSE PREVENTION ACTIVITIES.
"(2) REGULATIONS.-THE DIRECTOR, IN CONSULTATION WITH THE DIRECTOR
OF THE OFFICE OF SUBSTANCE ABUSE PREVENTION, SHALL PROMULGATE
REGULATIONS REGARDING THE ACTIVITIES DESCRIBED IN PARAGRAPH (1).
"(E) SPECIAL CONSIDERATION.-In awarding grants under this section the
Director shall give priority to-
"(1) projects sponsored by rural hospitals that are qualified to
receive rural health care transition grants as provided for in
section 4005(e) of the Omnibus Budget Reconciliation Act of 1987;
"(2) projects serving nonmetropolitan areas that establish links
and coordinate activities between hospitals, community health
centers, community mental health centers, and substance abuse
treatment centers; and
"(3) projects that are designed to serve areas that have no
available existing treatment facilities.
"(f) DURATION.-Grants awarded under subsection (a) shall be for a
period not to exceed 3 years, except that the Director may establish a
procedure for renewal of grants under subsection (a).
"(g) GEOGRAPHIC DISTRIBUTION.-To the extent practicable, the Director
shall provide grants to fund at least one project in each State.
"(h) AUTHORIZATION OF APPROPRIATIONS.-For the purpose of carrying out
this section there are authorized to be appropriated $ 25,000,000 for each
of the fiscal years 1992 and 1993.".
SEC. 1522. CLEARINGHOUSE PROGRAM.
Section 509 of the Public Health Service Act (42 U.S.C. 290aa-7) is
amended-
(1) in paragraph (3), by striking out "and" at the end thereof;
(2) in paragraph (4), by striking out the period; and
(3) by adding at the end thereof the following new paragraphs-
"(5) to gather information pertaining to rural drug abuse treatment
and education projects funded by the Alcohol, Drug Abuse, and Mental
Health Administration, as well as other such projects operating
throughout the United States; and
"(6) to disseminate such information to rural hospitals, community
health centers, community mental health centers, treatment
facilities, community organizations, and other interested
individuals.".
Subtitle D-Rural Land Recovery Act
SEC. 1531. DIRECTOR OF RURAL LAND RECOVERY.
Each of the task forces established under section 1502(a) shall include
one Director of Rural Land Recovery whose duties shall include the
coordination of all activities outlined under this subtitle.
SEC. 1532. ASSET FORFEITURE.
(a) The assets seized from rural clandestine methamphetamine and other
dangerous drugs laboratory operations and their operators shall be used
primarily to fund the decontamination of the property and immediate
environment chemically fouled by the operations or operators.
(b) Any assets that remain after the execution of provisions contained
in subsection (a) shall be used to decontaminate properties chemically
fouled by other such clandestine laboratory operations and operators
throughout the jurisdiction of the task force.
SEC. 1533. PROSECUTION OF CLANDESTINE LABORATORY OPERATORS.
(a) State and Federal prosecutors, when bringing charges against the
operators of clandestine methamphetamine and other dangerous drug
laboratories shall, to the fullest extent possible, include, in addition
to drug-related counts, counts involving infringements of the Resource
Conservation and Recovery Act or any other environmental protection Act,
including-
(1) illegal disposal of hazardous waste; and
(2) knowing endangerment of the environment.
(b) State and Federal prosecutors and private citizens may bring suit
against the operators of clandestine methamphetamine and other dangerous
drug laboratories for environmental and health related damages caused by
the operators in their manufacture of illicit substances.
TITLE XVI-DRUG EMERGENCY AREAS ACT OF 1991
SEC. 1601. SHORT TITLE.
This title may be cited as the "Drug Emergency Areas Act of 1991".
SEC. 1602. DRUG EMERGENCY AREAS.
Subsection (c) of section 1005 of the National Narcotics Leadership Act
of 1988 is amended to read as follows:
"(c) DECLARATION OF DRUG EMERGENCY AREAS.-
"(1) PRESIDENTIAL DECLARATION.-(A) In the event that a major
drug-related emergency exists throughout a State or a part of a
State, the President may, in consultation with the Director and other
appropriate officials, declare such State or part of a State to be a
drug emergency area and may take any and all necessary actions
authorized by this subsection or otherwise authorized by law.
"(B) For the purposes of this subsection, the term 'major
drug-related emergency' means any occasion or instance in which drug
trafficking, drug abuse, or drug-related violence reaches such
levels, as determined by the President, that Federal assistance is
needed to supplement State and local efforts and capabilities to save
lives, and to protect property and public health and safety.
"(2) PROCEDURE FOR DECLARATION.-(A) All requests for a declaration
by the President designating an area to be a drug emergency area
shall be made, in writing, by the Governor or chief executive officer
of any affected State or local government, respectively, and shall be
forwarded to the President through the Director in such form as the
Director may by regulation require. One or more cities, counties, or
States may submit a joint request for designation as a drug emergency
area under this subsection.
"(B) Any request made under clause (A) of this paragraph shall be
based on a written finding that the major drug-related emergency is
of such severity and magnitude that effective response to save lives,
and to protect property and public health and safety, that Federal
assistance is necessary.
"(C) The President shall not limit declarations made under this
subsection to highly-populated centers of drug trafficking, drug use
or drug-related violence, but shall also consider applications from
governments of less populated areas where the magnitude and severity
of such activities is beyond the capability of the State or local
government to respond.
"(D) As part of a request for a declaration by the President under
this subsection, and as a prerequisite to Federal drug emergency
assistance under this subsection, the Governor(s) or chief executive
officer(s) shall-
"(i) take appropriate response action under State or local law
and furnish such information on the nature and amount of State
and local resources which have been or will be committed to
alleviating the major drug-related emergency;
"(ii) certify that State and local government obligations and
expenditures will comply with all applicable cost-sharing
requirements of this subsection; and
"(iii) submit a detailed plan outlining the State and/or local
government's short- and long-term plans to respond to the major
drug-related emergency, specifying the types and levels of
Federal assistance requested, and including explicit goals (where
possible quantitative goals) and timetables and shall specify how
Federal assistance provided under this subsection is intended to
achieve such goals.
"(E) The Director shall review any request submitted pursuant to
this subsection and forward the application, along with a
recommendation to the President on whether to approve or disapprove
the application, within 30 days after receiving such application.
Based on the application and the recommendation of the Director, the
President may declare an area to be a drug emergency area under this
subsection.
"(3) FEDERAL MONETARY ASSISTANCE.-(A) The President is authorized
to make grants to State or local governments of up to, in the
aggregate for any single major drug-related emergency, $ 50,000,000.
"(B) The Federal share of assistance under this section shall not
be greater than 75 percent of the costs necessary to implement the
short- and long-term plan outlined in paragraph (2)(D)(iii).
"(C) Federal assistance under this subsection shall not be provided
to a drug disaster area for more than 1 year. In any case where
Federal assistance is provided under this Act, the Governor(s) or
chief executive officer(s) may apply to the President, through the
Director, for an extension of assistance beyond 1 year. The
President, based on the recommendation of the Director, may extend
the provision of Federal assistance for not more than an additional
180 days.
"(D) Any State or local government receiving Federal assistance
under this subsection shall balance the allocation of such assistance
evenly between drug supply reduction and drug demand reduction
efforts, unless State or local conditions dictate otherwise.
"(4) NONMONETARY ASSISTANCE.-In addition to the assistance provided
under paragraph (3), the President may-
"(A) direct any Federal agency, with or without reimbursement,
to utilize its authorities and the resources granted to it under
Federal law (including personnel, equipment, supplies,
facilities, and managerial, technical, and advisory services) in
support of State and local assistance efforts; and
"(B) provide technical and advisory assistance, including
communications support and law enforcement-related intelligence
information.
"(5) ISSUANCE OF IMPLEMENTING REGULATIONS.-Not later than 90 days
after the enactment of this subsection, the Director shall issue
regulations to implement this subsection, including such regulations
as may be necessary relating to applications for Federal assistance
and the provision of Federal monetary and nonmonetary assistance.
"(6) AUDIT BY COMPTROLLER GENERAL.-The Comptroller General shall
conduct an audit of any Federal assistance (both monetary and
nonmonetary) of an amount greater than $ 100,000 provided to a State
or local government under this subsection, including an evaluation of
the effectiveness of such assistance based on the goals contained in
the application for assistance.
"(7) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be
appropriated for each fiscal year 1992, 1993, 1994, 1995, and 1996,
$ 300,000,000 to carry out the purposes of this subsection.".
TITLE XVII-DRUNK DRIVING CHILD PROTECTION ACT
SEC. 1701. SHORT TITLE.
This title may be cited as the "Drunk Driving Child Protection Act of
1991".
SEC. 1702. STATE LAWS APPLIED IN AREAS OF FEDERAL JURISDICTION.
Section 13(b) of title 18, United States Code, is amended by-
(1) striking "For purposes" and inserting "(1) Subject to the
provisions of paragraph (2) and for purposes"; and
(2) adding at the end thereof the following:
"(2) In addition to any term of imprisonment provided for operating a
motor vehicle under the influence of a drug or alcohol imposed under the
law of a State, territory, possession, or district, the punishment for
such an offense under this section shall include an additional term of
imprisonment of not more than one year and an additional fine of not more
than $ 1,000, or both, if-
"(A) a non-driving minor was present in the motor vehicle when the
offense was committed; and
"(B) the law of the State, territory, possession, or district
applicable to the offense does not provide an additional term of
imprisonment for an act described in subparagraph (A).".
SEC. 1703. COMMON CARRIERS.
Section 342 of title 18, United States Code, is amended by-
(1) inserting "(a)" before "Whoever"; and
(2) adding at the end thereof the following:
"(b) In addition to any term of imprisonment imposed for an offense
under subsection (a), the punishment for such offense shall include an
additional term of imprisonment of not more than one year and an
additional fine of not more than $ 1,000, or both, if a non-driving minor
was present in the common carrier when the offense was committed.".
TITLE XVIII-COMMISSION ON CRIME AND VIOLENCE
SEC. 1801. ESTABLISHMENT OF COMMISSION.
There is established a commission to be known as the "National
Commission on Crime and Violence in America". The Commission shall be
composed of 22 members, appointed as follows:
(1) 6 persons by the President;
(2) 8 persons by the Speaker of the House of Representatives, two
of whom shall be appointed on the recommendation of the minority
leader; and
(3) 8 persons by the President pro tempore of the Senate, six of
whom shall be appointed on the recommendation of the Majority Leader
of the Senate and two of whom shall be appointed on the
recommendation of the Minority Leader of the Senate.
SEC. 1802. PURPOSE.
The purposes of the Commission are as follows:
(1) To develop a comprehensive and effective crime control plan
which will serve as a "blueprint" for action in the 1990s. The report
shall include an estimated cost for implementing any recommendations
made by the commission. (2) To bring attention to successful
models and programs in crime prevention and crime control.
(3) To reach out beyond the traditional criminal justice community
for ideas when developing the comprehensive crime control plan.
(4) To recommend improvements in the coordination of local, State
and Federal crime control efforts.
SEC. 1803. RESPONSIBILITIES OF THE COMMISSION.
The commission shall be responsible for the following:
(1) Reviewing the effectiveness of traditional criminal justice
approaches in preventing and controlling crime and violence.
(2) Examining the impact that changes to state and Federal law have
had in controlling crime and violence.
(3) Examining the problem of youth gangs and provide
recommendations as to how to reduce youth involvement in violent
crime.
(4) Examining the extent to which assault weapons and high power
firearms have contributed to violence and murder in America.
(5) Convening field hearings in various regions of the country to
receive testimony from a cross section of criminal justice
professionals, business leaders, elected officials, medical doctors,
and other citizens that wish to participate.
(6) Review all segments of our criminal justice system, including
the law enforcement, prosecution, defense, judicial, corrections
components in developing the crime control plan.
SEC. 1804. COMMISSION MEMBERS.
(a) CHAIRPERSON.-The President shall designate a chairperson from among
the members of the Commission.
(b) COMPOSITION OF MEMBERSHIP.-The Commission members will represent a
cross-section of professions that include law enforcement, prosecution,
judges, corrections, education, medicine, business, religion, military,
welfare and social services, sports, entertainment, victims of crime, and
elected officials from State, local and Federal Government that equally
represent both political parties.
SEC. 1805. ADMINISTRATIVE PROVISIONS.
(a) FEDERAL AGENCY SUPPORT.-All Federal agencies shall provide such
support and assistance as may be necessary for the Commission to carry
out its functions.
(b) EXECUTIVE DIRECTOR AND STAFF.-The President is authorized to
appoint and compensate an executive director. Subject to such regulations
as the Commission may prescribe, staff of the Commission may be appointed
without regard to the provisions of title 5, United States Code,
governing appointments in the competitive services and may be paid
without regard to the provisions of chapter 51 and subchapter III of
chapter 53 of that title relating to classification and General Schedule
pay rates.
(c) DETAILED FEDERAL EMPLOYEES.-Upon the request of the chairperson,
the heads of executive and military departments are authorized to detail
employees to work with the executive director without regard to the
provisions of section 3341 of title 5, United States Code.
(d) TEMPORARY AND INTERMITTENT EMPLOYEES.-Subject to rules prescribed
by the commission, the chairperson may procure temporary and intermittent
services under section 3108(b) of title 5, United States Code, but at a
rate of base pay not to exceed the annual rate of base pay for GS-18 of
the General Schedule.
SEC. 1806. REPORT.
The Commission shall submit a final report to the President and the
Congress not later than one year after the appointment of the
Chairperson. The report shall include the findings and recommendations of
the Commission as well as proposals for any legislative action necessary
to implement such recommendations.
SEC. 1807. TERMINATION.
The Commission shall terminate 30 days after submitting the report
required under section 1806.
TITLE XIX-PROTECTION OF CRIME VICTIMS
SEC. 1901. SHORT TITLE.
This title may be cited as the "Victims' Rights and Restitution Act of
1991".
SEC. 1901A. Section 1402 of the Victims of Crime Act of 1984, as
amended, is amended-
(a) by striking subsection (c) and redesignating (d), (e), (f) and
(g) as subsections (c), (d), (e), and (f), respective; and
(b) by adding a new subsection (c) to read as follows:
"(c) Availability of funds for expenditure; grant program percentages
"(1) Sums deposited in the Fund shall remain in the Fund and be
available for expenditure under this subsection for grants under this
chapter without fiscal year limitation.
"(2) The Fund shall be available as follows:
"(A) Of the first $ 100,000,000 deposited in the Fund in a
particular fiscal year-
"(i) 49.5 percent shall be available for grants under
section 10602 of this title;
"(ii) 45 percent shall be available for grants under
section 10603(a) of this title;
"(iii) 1 percent shall be available for grants under
section 10603(c) of this title; and
"(iv) 4.5 percent shall be available for grants as provided
in section 10603a of this title.
"(B) The next $ 5,500,000 deposited in the Fund in a particular
fiscal year shall be available for grants as provided in section
10603a of this title.
"(D) The next $ 4,500,000 deposited in the Fund in a particular
fiscal year shall be available for grants under section 10603(a)
of this title.
"(E) The next $ 2,200,000 deposited in the Fund in a particular
fiscal year shall be available to the judicial branch for
administrative costs to carry out the functions of the judicial
branch under sections 3611 and 3612 of title 18, United States
Code.
(F) Any deposits in the Fund in a particular fiscal year that
remain after the funds are distributed under subparagraphs (A)
through (E) shall be available as follows:
"(i) 47.5 percent shall be available for grants under
section 10602 of this title;
"(ii) 47.5 percent shall be available for grants under
section 10603(a) of this title; and
"(iii) 5 percent shall be available for grants under
section 10603(c)(1)(B) of this title.
SEC. 1902. VICTIMS' RIGHTS.
(a) BEST EFFORTS TO ACCORD RIGHTS.-Officers and employees of the
Department of Justice and other departments and agencies of the United
States engaged in the detection, investigation, or prosecution of crime
shall make their best efforts to see that victims of crime are accorded
the rights described in subsection (b).
(b) RIGHTS OF CRIME VICTIMS.-A crime victim has the following rights:
(1) The right to be treated with fairness and with respect for the
victim's dignity and privacy.
(2) The right to be reasonably protected from the accused offender.
(3) The right to be notified of court proceedings.
(4) The right to be present at all public court proceedings related
to the offense, unless the court determines that testimony by the
victim would be materially affected if the victim heard other
testimony at trial.
(5) The right to confer with attorney for the Government in the
case.
(6) The right to restitution.
(7) The right to information about the conviction, sentencing,
imprisonment, and release of the offender.
(c) NO CAUSE OF ACTION OR DEFENSE.-This section does not create a cause
of action or defense in favor of any person arising out of the failure to
accord to a victim the rights enumerated in subsection (b).
SEC. 1903. SERVICES TO VICTIMS.
(a) DESIGNATION OF RESPONSIBLE OFFICIALS.-The head of each department
and agency of the United States engaged in the detection, investigation,
or prosecution of crime shall designate by names and office titles the
persons who will be responsible for identifying the victims of crime and
performing the services described in subsection (c) at each stage of a
criminal case.
(b) IDENTIFICATION OF VICTIMS.-At the earliest opportunity after the
detection of a crime at which it may be done without interfering with an
investigation, a responsible official shall-
(1) identify the victim or victims of a crime;
(2) inform the victims of their right to receive, on request, the
services described in subsection (c); and
(3) inform each victim of the name, title, and business address and
telephone number of the responsible official to whom the victim
should address a request for each of the services described in
subsection (c).
(c) DESCRIPTION OF SERVICES.-(1) A responsible official shall-
(A) inform a victim of the place where the victim may receive
emergency medical and social services;
(B) inform a victim of any restitution or other relief to which the
victim may be entitled under this or any other law and manner in
which such relief may be obtained;
(C) inform a victim of public and private programs that are
available to provide counseling, treatment, and other support to the
victim; and
(D) assist a victim in contacting the persons who are responsible
for providing the services and relief described in subparagraphs (A),
(B), and (C).
(2) A responsible official shall arrange for a victim to receive
reasonable protection from a suspected offender and persons acting in
concert with or at the behest of the suspected offender.
(3) During the investigation and prosecution of a crime, a responsible
official shall provide a victim the earliest possible notice of-
(A) the status of the investigation of the crime, to the extent it
is appropriate to inform the victim and to the extent that it will
not interfere with the investigation;
(B) the arrest of a suspected offender;
(C) the filing of charges against a suspected offender;
(D) the scheduling of each court proceeding that the witness is
either required to attend or, under section 1902(b)(4), is entitled
to attend;
(E) the release or detention status of an offender or suspected
offender;
(F) the acceptance of a plea of guilty or nolo contendere or the
rendering of a verdict after trial; and
(G) the sentence imposed on an offender, including the date on
which the offender will be eligible for parole.
(4) During court proceedings, a responsible official shall ensure that
a victim is provided a waiting area removed from and out of the sight and
hearing of the defendant and defense witnesses.
(5) After trial, a responsible official shall provide a victim the
earliest possible notice of-
(A) the scheduling of a parole hearing for the offender;
(B) the escape, work release, furlough, or any other form of
release from custody of the offender; and
(C) the death of the offender, if the offender dies while in
custody.
(6) At all times, a responsible official shall ensure that any property
of a victim that is being held for evidentiary purposes be maintained in
good condition and returned to the victim as soon as it is no longer
needed for evidentiary purposes.
(7) The Attorney General or the head of another department or agency
that conducts an investigation of a sexual assault shall pay, either
directly or by reimbursement of payment by the victim, the cost of a
physical examination of the victim which an investigating officer
determines was necessary or useful for evidentiary purposes.
(8) A responsible official shall provide the victim with general
information regarding the corrections process, including information
about work release, furlough, probation, and eligibility for each.
(d) NO CAUSE OF ACTION OR DEFENSE.-This section does not create a cause
of action or defense in favor of any person arising out of the failure of
a responsible person to provide information as required by subsection (b)
or (c).
(e) DEFINITIONS.-For the purposes of this section-
(1) the term "responsible official" means a person designated
pursuant to subsection (a) to perform the functions of a responsible
official under that section; and
(2) the term "victim" means a person that has suffered direct
physical, emotional, or pecuniary harm as a result of the commission
of a crime, including-
(A) in the case of a victim that is an institutional entity, an
authorized representative of the entity; and
(B) in the case of a victim who is under 18 years of age,
incompetent, incapacitated, or deceased, one of the following (in
order of preference):
(i) a spouse;
(ii) a legal guardian;
(iii) a parent;
(iv) a child;
(v) a sibling;
(vi) another family member; or
(vii) another person designated by the court.
SEC. 1904. AMENDMENT OF RESTITUTION PROVISIONS.
(a) ORDER OF RESTITUTION.-Section 3663 of title 18, United States Code,
is amended-
(1) in subsection (a) by-
(A) striking "(a) The court" and inserting "(a)(1) The court";
(B) striking "may order" and inserting "shall order"; and
(C) adding at the end thereof the following new paragraph:
"(2) In addition to ordering restitution of the victim of the offense
of which a defendant is convicted, a court may order restitution of any
person who, as shown by a preponderance of evidence, was harmed
physically, emotionally, or pecuniarily, by unlawful conduct of the
defendant during-
"(A) the criminal episode during which the offense occurred; or
"(B) the course of a scheme, conspiracy, or pattern of unlawful
activity related to the offense.";
(2) in subsection (b)(1)(A) by striking "impractical" and inserting
"impracticable";
(3) in subsection (b)(2) by inserting "emotional or" after
"resulting in";
(4) in subsection (c) by striking "If the Court decides to order
restitution under this section, the" and inserting "The";
(5) by striking subsections (d), (e), (f), (g), and (h); and
(6) by adding at the end thereof the following new subsections:
"(d)(1) The court shall order restitution to a victim in the full
amount of the victim's losses as determined by the court and without
consideration of-
"(A) the economic circumstances of the offender; or
"(B) the fact that a victim has received or is entitled to receive
compensation with respect to a loss from insurance or any other
source.
"(2) Upon determination of the amount of restitution owed to each
victim, the court shall specify in the restitution order the manner in
which and the schedule according to which the restitution is to be paid,
in consideration of-
"(A) the financial resources and other assets of the offender;
"(B) projected earnings and other income of the offender; and
"(C) any financial obligations of the offender, including
obligations to dependents.
"(3) A restoration order may direct the offender to make a single,
lump-sum payment, partial payment at specified intervals, or such in-kind
payments as may be agreeable to the victim and the offender.
"(4) An in-kind payment described in paragraph (3) may be in the form
of-
"(A) return of property;
"(B) replacement of property; or
"(C) services rendered to the victim or to a person or organization
other than the victim.
"(e) When the court finds that more than 1 offender has contributed to
the loss of a victim, the court may make each offender liable for payment
of the full amount of restitution or may apportion liability among the
offenders to reflect the level of contribution and economic circumstances
of each offender.
"(f) When the court finds that more than 1 victim has sustained a loss
requiring restitution by an offender, the court shall order full
restitution of each victim but may provide for different payment
schedules to reflect the economic circumstances of each victim.
"(g)(1) If the victim has received or is entitled to receive
compensation with respect to a loss from insurance or any other source,
the court shall order that restitution be paid to the person who provided
or is obligated to provide the compensation, but the restitution order
shall provide that all restitution of victims required by the order be
paid to the victims before any restitution is paid to such a provider of
compensation.
"(2) The issuance of a restitution order shall not affect the
entitlement of a victim to receive compensation with respect to a loss
>from insurance or any other source until the payments actually received
by the victim under the restitution order fully compensate the victim for
the loss, at which time a person that has provided compensation to the
victim shall be entitled to receive any payments remaining to be paid
under the restitution order.
"(3) Any amount paid to a victim under an order of restitution shall be
set off against any amount later recovered as compensatory damages by the
victim in-
"(A) any Federal civil proceeding; and
"(B) any State civil proceeding, to the extent provided by the law
of the State.
"(h) A restitution order shall provide that-
"(1) all fines, penalties, costs, restitution payments and other
forms of transfers of money or property made pursuant to the sentence
of the court shall be made by the offender to the clerk of the court
for accounting and payment by the clerk in accordance with this
subsection;
"(2) the clerk of the court shall-
"(A) log all transfers in a manner that tracks the offender's
obligations and the current status in meeting those obligations,
unless, after efforts have been made to enforce the restitution
order and it appears that compliance cannot be obtained, the
court determines that continued recordkeeping under this
subparagraph would not be useful;
"(B) notify the court and the interested parties when an
offender is 90 days in arrears in meeting those obligations; and
"(C) disburse money received from an offender so that each of
the following obligations is paid in full in the following
sequence:
"(i) a penalty assessment under section 3013 of title 18,
United States Code;
"(ii) restitution of all victims; and
"(iii) all other fines, penalties, costs, and other
payments required under the sentence; and
"(3) the offender shall advise the clerk of the court of any change
in the offender's address during the term of the restitution order.
"(i) A restitution order shall constitute a lien against all property
of the offender and may be recorded in any Federal or State office for
the recording of liens against real or personal property.
"(j) Compliance with the schedule of payment and other terms of a
restitution order shall be a condition of any probation, parole, or other
form of release of an offender. If a defendant fails to comply with a
restitution order, the court may revoke probation or a term of supervised
release, modify the term or conditions of probation or a term of
supervised release, hold the defendant in contempt of court, enter a
restraining order or injunction, order the sale of property of the
defendant, accept a performance bond, or take any other action necessary
to obtain compliance with the restitution order. In determining what
action to take, the court shall consider the defendant's employment
status, earning ability, financial resources, the willfulness in failing
to comply with the restitution order, and any other circumstances that
may have a bearing on the defendant's ability to comply with the
restitution order.
"(k) An order of restitution may be enforced-
"(1) by the United States-
"(A) in the manner provided for the collection and payment of
fines in subchapter (B) of chapter 229 of this title; or
"(B) in the same manner as a judgment in a civil action; and
"(2) by a victim named in the order to receive the restitution, in
the same manner as a judgment in a civil action.
"(l) A victim or the offender may petition the court at any time to
modify a restitution order as appropriate in view of a change in the
economic circumstances of the offender.".
(b) PROCEDURE FOR ISSUING ORDER OF RESTITUTION.-Section 3664 of title
18, United States Code, is amended-
(1) by striking subsection (a);
(2) by redesignating subsections (b), (c), (d), and (e) as
subsections (a), (b), (c), and (d);
(3) by amending subsection (a), as redesignated by paragraph (2),
to read as follows:
"(a) The court may order the probation service of the court to obtain
information pertaining to the amount of loss sustained by any victim as a
result of the offense, the financial resources of the defendant, the
financial needs and earning ability of the defendant and the defendant's
dependents, and such other factors as the court deems appropriate. The
probation service of the court shall include the information collected in
the report of presentence investigation or in a separate report, as the
court directs."; and
(4) by adding at the end thereof the following new subsection:
"(e) The court may refer any issue arising in connection with a
proposed order of restitution to a magistrate or special master for
proposed findings of fact and recommendations as to disposition, subject
to a de novo determination of the issue by the court.".
SEC. 1905. AMENDMENT OF BANKRUPTCY CODE.
(a) AMENDMENT OF CHAPTER 5.-Section 523(a) of title 11, United States
Code, is amended-
(1) by striking "or" at the end of paragraph (9);
(2) by striking the period at the end of paragraph (10) and
inserting "; or"; and
(3) by adding the following new paragraph at the end thereof:
"(11) to the extent that such debt arises from a proceeding brought
by a governmental unit to recover a civil or criminal restitution, or
to the extent that such debt arises from an agreed judgment or other
agreement by the debtor to pay money or transfer property in
settlement of such an action by a governmental unit.".
(b) AMENDMENT OF CHAPTER 13.-Section 1322(a) of title 11, United States
Code, is amended-
(1) by striking "and" at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting "; and"; and
(3) by adding at the end thereof the following new paragraph:
"(4) provide for the full payment, in deferred cash payments, of
all claims that are nondischargeable under section 523(a)(11).".
TITLE XX-CRACK HOUSE EVICTION ACT
SEC. 2001. EVICTION FROM PLACES MAINTAINED FOR MANUFACTURING,
DISTRIBUTING, OR USING CONTROLLED SUBSTANCES.
Section 416 of the Controlled Substances Act (21 U.S.C. 856) is amended
by adding at the end thereof the following:
"(c) The Attorney General may bring a civil action against any person
who violates the provisions of this section. The action may be brought in
any district court of the United States or the United States courts of
any territory in which the violation is taking place. The court in which
such action is brought shall determine the existence of a violation by a
preponderance of the evidence, and shall have the power to assess a civil
penalty of up to $ 100,000 and to grant such other relief including
injunctions and evictions as may be appropriate. Such remedies shall be
in addition to any other remedy available under statutory or common
law.".
SEC. 2002. USE OF CIVIL INJUNCTIVE REMEDIES, FORFEITURE SANCTIONS, AND
OTHER REMEDIES AGAINST DRUG OFFENDERS.
The Attorney General shall-
(1) aggressively pursue the use of criminal penalties authorized by
section 1963 of title 18, United States Code, civil remedies
authorized by section 1964 of title 18, United States Code, and other
equitable remedies against drug offenders, including injunctions,
stay-away orders, and forfeiture sanctions; and
(2) submit a report to Congress annually on the manner and extent
to which such remedies are being used and the effect of such use in
curtailing drug trafficking.
TITLE XXI-ORGANIZED CRIME AND DANGEROUS DRUGS DIVISION
Subtitle A-Establishment of an Organized Crime and Dangerous Drugs
Division in the Department of Justice
SEC. 2101. SHORT TITLE.
This title may be cited as the "Justice Department Organized Crime and
Drug Enforcement Enhancement Act of 1991".
SEC. 2102. FINDINGS.
The Congress finds that-
(1) organized criminal activity contributes significantly to the
importation, distribution, and sale of illegal and dangerous drugs;
(2) trends in drug trafficking patterns necessitate a response that
gives significant weight to-
(A) the prosecution of drug related crimes; and
(B) the forfeiture and seizure of assets and other civil
remedies used to strike at the inherent strength of the drug
networks and groups;
(3) the structure of the Department of Justice Criminal Division is
inadequate to address such drug-related problems; and
(4) the prosecutorial resources devoted to such problems have been
inadequately organized.
SEC. 2103. PURPOSES.
The purposes of this title are to-
(1) establish a new division in the Department of Justice by
combining the resources of the Criminal Division and the United
States Attorneys offices used for the eradication of organized crime,
narcotics, and dangerous drugs with additional resources needed to
pursue civil sanctions;
(2) enhance the ability of the Department of Justice to deal with
international criminal activity;
(3) enhance the ability of the Department of Justice to maintain a
vigorous criminal and equally important civil assault upon organized
criminal groups and narcotics traffickers both domestic and
international;
(4) enhance the ability of the Department of Justice to attack
money laundering activities, both domestic and international; and
(5) maintain the level of effort of the Department of Justice
against traditional organized crime activity through the maintenance
of independent strike forces.
SEC. 2104. ESTABLISHMENT OF ORGANIZED CRIME AND DANGEROUS DRUGS DIVISION.
(a) ESTABLISHMENT.-There is established within the Department of
Justice, the Organized Crime and Dangerous Drugs Division, which shall
consist initially of the following units and programs of the Department
of Justice as they were organized and were functioning on September 30,
1989:
(1) the Organized Crime and Racketeering Section of the Criminal
Division and all subordinate strike forces therein;
(2) the Narcotic and Dangerous Drug Section of the Criminal
Division;
(3) the Asset Forfeiture Office of the Criminal Division; and
(4) the Organized Crime Drug Enforcement Task Force Program.
(b) TRANSFER.-(1) There are transferred to the Organized Crime and
Dangerous Drugs Division-
(A) all functions of each office and program described under
subsection (a) (1), (2), (3), and (4) exercised on September 30,
1989; and
(B) all personnel and available funds of each such office and
program.
(2) For the purposes of paragraph (1)(A) the term "functions" means all
duties, obligations, powers, authorities, responsibilities, rights,
privileges, activities, and programs.
SEC. 2105. ASSISTANT ATTORNEY GENERAL FOR ORGANIZED CRIME AND DANGEROUS
DRUGS.
(a) ASSISTANT ATTORNEY GENERAL.-There shall be at the head of the
Organized Crime and Dangerous Drugs Division established by this title,
an Assistant Attorney General of the Department of Justice for the
Organized Crime and Dangerous Drugs Division, who shall-
(1) be appointed by the President, by and with the advice and
consent of the Senate;
(2) report directly to the Attorney General of the United States;
(3) coordinate all activities and policies of the Division with the
Director of National Drug Control Policy; and
(4) ensure that all investigations and prosecutions are coordinated
within the Department of Justice to provide the greatest use of civil
proceedings and forfeitures to attack the financial resources of
organized criminal and narcotics enterprises.
(b) COMPENSATION.-(1) Section 5315 of title 5, United States Code, is
amended by striking out:
"Assistant Attorneys General (10)."
and inserting in lieu thereof:
"Assistant Attorneys General (11).".
(2) The Assistant Attorney General of the Organized Crime and Dangerous
Drugs Division shall be paid at the rate of basic pay payable for level
IV of the Executive Schedule.
SEC. 2106. DEPUTY ASSISTANT ATTORNEY GENERAL.
(a) ESTABLISHMENT.-There is established the position of Deputy
Assistant Attorney General of the Organized Crime and Dangerous Drugs
Division, who shall report directly and be responsible to the Assistant
Attorney General of the Organized Crime and Dangerous Drugs Division.
(b) COMPENSATION.-The Deputy Assistant Attorney General of the
Organized Crime and Dangerous Drugs Division shall be paid the rate of
basic pay payable for level V of the Executive Schedule.
SEC. 2107. ADMINISTRATIVE ORGANIZATION OF THE DIVISION.
There shall be established within the Organized Crime and Dangerous
Drugs Division such sections and offices as the Attorney General shall
deem appropriate to maintain or increase the level of enforcement
activities in the following areas:
(1) Criminal Racketeering (including of all activities and
personnel transferred from the Organized Crime and Racketeering
Section dealing with criminal investigation and prosecution of
traditional organized crime, other than civil proceedings or
forfeiture);
(2) Criminal Narcotics Trafficking (including all activities and
personnel transferred from the Criminal Division and the Organized
Crime Drug Enforcement Task Force Program dealing with large scale
drug trafficking);
(3) Money laundering (including all activities transferred from the
Criminal Division and Organized Crime Drug Enforcement Task Force
Program dealing with money laundering investigations and the
negotiation of international agreements on financial crimes);
(4) Asset Forfeiture (including all activities and personnel
transferred from the Criminal Division dealing with asset
forfeiture);
(5) International Crime (indicating the activities and functions
set forth in Subtitle B of this title); and
(6) Civil Enforcement (including activities and personnel currently
engaged in civil enforcement of the drug and racketeering laws and
such additional personnel as may be added pursuant to this Act).
SEC. 2108. COORDINATION AND ENHANCEMENT OF FIELD ACTIVITIES.
(a) ORGANIZED CRIME AND DANGEROUS DRUGS DIVISION.-The Attorney General
shall establish no fewer than 20 field offices of the Organized Crime and
Dangerous Drug Division. All such field offices of the Division shall be
known as Organized Crime and Dangerous Drug Strike Forces.
(b) OFFICES IN SAME AREA.-If two or more sections of the Division
establish field offices in the same metropolitan area, such offices
shall-
(A) be in the same location;
(B) coordinate activities; and
(C) be organized as separate sections of a strike force.
(c) TRANSITION.-(1) Consistent with the provisions of this title-
(A) the Organized Crime and Racketeering Section of the Criminal
Division is redesignated as the Criminal Racketeering Section of the
Organized Crime and Dangerous Drug Division; and
(B) the Organized Crime Strike Forces are redesignated as the field
offices of the Division.
(2) Not later than 180 days after the date of the enactment of this
subtitle, the Attorney General shall transfer all attorneys and support
staff assigned to the Organized Crime Drug Enforcement Task Forces before
such date to the Organized Crime and Dangerous Drug Division and
designated the Criminal Narcotics Section. The Assistant Attorney General
for such Division shall assign such personnel to the field offices of the
Division, with the initial assignments being made to the cities where
units of such Task Forces were located before the date of enactment of
this subtitle.
(3)(A) Consistent with the provisions of this title, the Asset
Forfeiture Office of the Criminal Division is redesignated as the Asset
Forfeiture and Civil Enforcement Section of the Organized Crime and
Dangerous Drug Division.
(B) Not later than 180 days after the date of the enactment of this
subtitle, the Assistant Attorney General shall establish field offices of
the Asset Forfeiture and Civil Enforcement Section of the Organized Crime
and Dangerous Drug Division which shall include-
(i) agents from the United States Drug Enforcement Administration,
the Federal Bureau of Investigation, the Internal Revenue Service,
and United States Marshals Office; and
(ii) other individuals experienced, trained and expert in complex
financial transactions involving cash, notes, securities, and similar
negotiable instruments, with a special expertise in banking matters
and business dealings.
(d) DIFFERENT ORGANIZATIONAL STRUCTURE.-Nothing in subsection (c) shall
prevent the Attorney General, consistent with the purposes of this title
and the provisions of section 2107, from instituting a different
organizational structure within the Organized Crime and Dangerous Drug
Division as the Attorney General shall deem appropriate following a
period of transition.
(e) STRIKE FORCES PLANS.-(1) THE AGENTS ASSIGNED TO THE ORGANIZED CRIME
AND DANGEROUS DRUG STRIKE FORCES (INCLUDING ALL AGENTS ASSIGNED TO THE
ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES PROGRAM BEFORE THE DATE OF
ENACTMENT OF THIS TITLE) SHALL BE DEDICATED EXCLUSIVELY TO AND LOCATED
WITH THE STRIKE FORCES SO THAT THE STRIKE FORCES PERSONNEL MAY DEVELOP
EXPERTISE AND FUNCTION AS A WORKING UNIT.
(2) The agents assigned to the Strike Forces from the various
participating agencies shall be given credit for the work of the Strike
Forces, regardless of the statutory authority used to prosecute Strike
Forces cases.
(f) REPORT.-Not later than 1 year after the date of the enactment of
this title, the Assistant Attorney General for Organized Crime and
Dangerous Drugs in consultation with the Director of National Drug
Control Policy, shall report to the Congress on the areas of the United
States (especially the southwest border of the United States) that may
require increased assistance from the Department of Justice through the
establishment of additional strike forces.
(g) AUTHORIZATION OF APPROPRIATIONS.-(1) There are authorized to be
appropriated $ 45,000,000 for salaries and expenses of the Organized Crime
and Dangerous Drug Division of the Department of Justice for fiscal year
1992.
(2) Any appropriation of funds authorized under paragraph (1) shall be-
(A) in addition to any appropriations requested by the President in
the 1992 fiscal year budget submitted by the President to the
Congress for fiscal year 1992, or provided in regular appropriations
Acts or continuing resolutions for the fiscal year ending September
30, 1992; and
(B) used to increase the number of field attorneys and related
support staff by no fewer than 100 full-time equivalent positions
over such personnel levels employed at the Department of Justice on
September 30, 1989, assigned to the Organized Crime and Racketeering
Section Strike Forces and Organized Crime Drug Task Forces.
Subtitle B-International Prosecution Teams
SEC. 2111. INTERNATIONAL PROSECUTION TEAMS.
(a) FINDINGS.-The Congress finds that-
(1) Drug trafficking, organized crime, and money laundering are
problems that are international in scope.
(2) The traditional focus of United States law enforcement agencies
on domestic criminal activity has restricted the development of the
necessary expertise and coordination to address the international
aspects of these problems adequately.
(3) The Justice Department must expand its resources and reorganize
its component to engage in new responsibilities and activities
involving international crime.
(4) Other agencies, particularly those involved in intelligence
gathering, international banking, foreign policy, and national
defense, must coordinate their activities with the Justice Department
to support its effort to combat international crime.
(b) INTERNATIONAL DRUG ENFORCEMENT TEAMS.-In addition to the components
and functions otherwise specified in this chapter, the Organized Crime
and Dangerous Drug Division shall include no fewer than 10 International
Drug Enforcement Teams devoted exclusively to investigating, prosecuting
and supporting the investigation and prosecution of international drug
cases. Such teams shall be responsible for developing expertise in
handling civil and criminal cases involving extradition, money
laundering, drug-related corruption, and other complex cases relating to
international drug trafficking.
(c) RELATIONSHIP OF TEAM MEMBERS.-Organized Crime and Dangerous Drug
Division personnel assigned to the International Drug Enforcement Teams
shall work closely with, and where practical be co-located with, agents
and liaison personnel of the various law enforcement, diplomatic,
intelligence, and military agencies who shall be assigned as necessary to
the enforcement teams.
(d) GOALS.-The teams shall be organized to-
(1) increase the expertise of the Department of Justice in matters
relating to international law enforcement and foreign policy;
(2) direct intelligence efforts toward gathering information and
evidence that can be used by civilian authorities in criminal and
civil cases while protecting the assets and methods of United States
agencies;
(3) improve coordination among United States and foreign agencies
responsible for law enforcement, foreign policy, and international
banking;
(4) target resources toward cases with maximum impact on
international narcotics trafficking;
(5) gain the cooperation of private entities in the United States
and foreign countries whose cooperation in cases involving money
laundering and other drug-related financial crimes is essential; and
(6) assist other countries to enact laws and negotiate treaties to
assist in the suppression of international money laundering and
narcotics trafficking.
TITLE XXII-EXCLUSIONARY RULE
SEC. 2201. SEARCHES AND SEIZURES PURSUANT TO AN INVALID WARRANT.
(a) IN GENERAL.-CHAPTER 109 OF TITLE 18, UNITED STATES CODE, IS AMENDED
BY ADDING AT THE END THEREOF THE FOLLOWING NEW SECTION:
"2237. Evidence obtained by invalid warrant
"Evidence which is obtained as a result of search or seizure shall not
be excluded in a proceeding in a court of the United States on the ground
that the search or seizure was in violation of the Fourth Amendment to
the Constitution of the United States, if the search or seizure was
carried out in reasonable reliance on a warrant issued by a detached and
neutral magistrate ultimately found to be invalid, unless-
"(1) the judicial officer in issuing the warrant was materially
misled by information in an affidavit that the affiant knew was false
or would have known was false except for his reckless disregard of
the truth;
"(2) the judicial officer provided approval of the warrant without
exercising a neutral and detached review of the application for the
warrant;
"(3) the warrant was based on an affidavit so lacking in indicia of
probable cause as to render official belief in its existence entirely
unreasonable; or
"(4) the warrant is so facially deficient that the executing
officers could not reasonably presume it to be valid.".
(b) AMENDMENT TO CHAPTER ANALYSIS.-THE CHAPTER ANALYSIS FOR CHAPTER 109
OF TITLE 18, UNITED STATES CODE, IS AMENDED BY ADDING AT THE END THEREOF
THE FOLLOWING:
"2237. Evidence obtained by invalid warrant.".
TITLE XXIII-DRUG TESTING
SEC. 2301. FEDERAL PRISONER DRUG TESTING.
(a) SHORT TITLE.-This section may be cited as the "Federal Prisoner
Drug Testing Act of 1991".
(b) CONDITIONS OF PROBATION.-Section 3563(a) of title 18, United States
Code, is amended-
(1) in paragraph (2), by striking out "and";
(2) in paragraph (3), by striking out the period and inserting in
lieu thereof "; and";
(3) by adding a new paragraph (4), as follows:
"(4) for a felony, a misdemeanor, or an infraction, that the
defendant-
"(A) pass a drug test prior to the imposition of such sentence;
and "(B) refrain from any unlawful use of a controlled
substance and submit to at least 2 periodic drug tests (as
determined by the court) for use of a controlled substance"; and
(4) by adding at the end thereof the following: "No action may be
taken against a defendant pursuant to a drug test administered in
accordance with paragraph (4) unless the drug test confirmation is a
urine drug test confirmed using gas chromatography techniques or such
test as the Director of the Administrative Office of the United
States Courts after consultation with the Secretary of Health and
Human Services may determine to be of equivalent accuracy.".
(c) CONDITIONS ON SUPERVISED RELEASE.-Section 3583(d) of title 18,
United States Code, is amended by inserting after the first sentence the
following: "The court shall also order, as an explicit condition of
supervised release, that the defendant pass a drug test prior to the
commencement of service of such sentence and refrain from any unlawful
use of a controlled substance and submit to at least 2 periodic drug
tests (as determined by the court) for use of a controlled substance. No
action may be taken against a defendant pursuant to a drug test
administered in accordance with the provisions of the preceding sentence
unless the drug test confirmation is a urine drug test confirmed using
gas chromatography techniques or such test as the Director of the
Administrative Office of the United States Court after consultation with
the Secretary of Health and Human Services may determine to be of
equivalent accuracy.".
(d) CONDITIONS OF PAROLE.-Section 4209(a) of title 18, United States
Code, is amended by inserting after the first sentence the following: "In
every case, the Commission shall also impose as a condition of parole
that the parolee pass a drug test prior to release and refrain from any
unlawful use of a controlled substance and submit to at least 2 periodic
drug tests (as determined by the Commission) for use of a controlled
substance. No action may be taken against a defendant pursuant to a drug
test administered in accordance with the provisions of the preceding
sentence unless the drug test confirmation is a urine drug test confirmed
using gas chromatography techniques or such test as the Director of the
Administrative Office of the United States Courts after consultation with
the Secretary of Health and Human Services may determine to be of
equivalent accuracy.".
