A bill to control and prevent crime.
Crime Control Act of 1992 - Title I: Death Penalty - Federal Death Penalty Act of 1992 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes.
Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, or at such time thereafter as the court may permit upon a showing of good cause, that it intends to seek the death penalty and the aggravating factors upon which it will rely.
Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death.
Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Permits the Government to present information concerning the effect of the offense on the victim and the victim's family, including oral testimony, a victim impact statement, and other relevant information.
Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must provide beyond a reasonable doubt.
Sets forth special aggravating factors for: (1) treason, espionage, homicide, and the attempted murder of the President; and (2) drug offenses punishable by the death penalty (such factors include previous serious drug felony convictions, use of a firearm in committing or furthering certain continuing criminal enterprises, use of minors in trafficking, and lethal adulteration of controlled substances). Directs the court, or the jury by unanimous vote, to recommend the death penalty upon a finding of at least one aggravating factor and no mitigating factor, or one or more aggravating factors which outweigh any mitigating factors.
States that no person who was under 18 years of age at the time of the offense or who is mentally retarded may be sentenced to death.
Requires the court to instruct the jury not to consider the race, color, religion, national origin, or sex of the defendant or victim in its consideration of the sentence.
Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or any other arbitrary factor; (2) the information supports the finding of aggravating factors; and (3) the proceedings did not involve any other prejudicial error requiring reversal of the sentence that was properly preserved for and raised on appeal. Specifies that the court of appeals, in a case in which the sentence is not affirmed, shall remand the case for reconsideration or for imposition of another authorized sentence as appropriate, subject to specified requirements. Requires the court to provide a written explanation of its determination.
Sets forth procedures for the implementation of a sentence of death.
Prohibits a sentence of death from being carried out upon a person who lacks the mental capacity to understand the death penalty and why it was imposed on that person, or upon a woman while she is pregnant.
Prohibits requiring any employee of any State department of corrections, the Federal Bureau of Prisons (BOP), the U.S. Marshals Service, or any employee providing services to that department, bureau, or service under contract to be in attendance or to participate in any execution if such participation is contrary to such employee's moral or religious convictions.
Provides for the appointment of counsel in Federal cases where a defendant against whom a sentence of death is sought, or on whom such sentence has been imposed, for an offense against the United States, is or becomes financially unable to obtain adequate representation.
Sets forth additional provisions with respect to: (1) representation before and after review of judgment; (2) standards for competence of counsel; and (3) claims of ineffectiveness of counsel.
Sets forth provisions regarding: (1) deadlines for collateral attacks on judgments imposing a sentence of death; and (2) stays of execution.
Limits the circumstances under which a person subject to the criminal jurisdiction of an Indian tribal government may be executed under this Act.
Provides for the imposition of the death penalty for specified Federal crimes, including: (1) treason; (2) delivering defense information to aid a foreign government; (3) specified Controlled Substances Act (CSA) offenses committed as part of a continuing criminal enterprise; (4) certain felony violations of the CSA, the Controlled Substances Import and Export Act (CSIEA), or the Maritime Drug Law Enforcement Act; (5) murders committed by prisoners in Federal correctional institutions; (6) certain offenses relating to drive-by shootings; (7) kidnappings which result in the death of any person; (8) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (9) murder in the aid of a racketeering activity; (10) civil rights murders and certain murders involving damage to religious property or obstruction of persons in the free exercise of religious belief; (11) genocide; (12) murder of Federal law enforcement officers, or of State or local law enforcement officers assisting Federal officers; (13) torture, if death results; (14) murder of Federal witnesses in the Witness Protection Program; (15) gun murders during Federal crimes of violence and drug trafficking crimes; (16) rape and child molestation murders; (17) causing death in the sexual exploitation of children; (18) specified offenses under the Federal Aviation Act of 1958 (FAA); (19) using, or attempting or conspiring to use, a weapon of mass destruction, if death results; (20) first-degree murders involving the use of a firearm or other dangerous weapon in a Federal facility; (21) murder by escaped prisoners; and (22) murders in the District of Columbia.
Increases penalties for obstruction of justice offenses against court officers and jurors, and for retaliatory killings of witnesses, victims, and informants.
Sets forth penalties for: (1) performing or attempting an act of violence against a person at an airport serving international civil aviation which causes or is likely to cause serious injury or death; (2) destroying or seriously damaging the facilities of, or a civil aircraft not in service at, such airport; or (3) disrupting the services of such airport, if such an act endangers or is likely to endanger safety.
Amends the FAA to delete a limitation on the applicability of aircraft piracy provisions to situations where the place of takeoff or of actual landing of the aircraft on board which the offense is committed is situated outside the territory of the State of registration of such aircraft.
Establishes penalties for acts of violence against maritime navigation, such as seizing control of a ship by force, threat, or intimidation, and performing acts of violence against persons on board a ship that are likely to endanger safe navigation. Sets forth analogous provisions with respect to maritime fixed platforms.
Sets forth provisions with respect to U.S. jurisdiction over the territorial sea and over crimes against U.S. nationals on foreign vessels.
Title II: Habeas Corpus Reform - Subtitle A: General Habeas Corpus Reform - Habeas Corpus Reform Act of 1992 - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners.
Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals.
Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies.
Prohibits the granting of a petition for habeas corpus with respect to any claim which has been fully and fairly adjudicated in State proceedings. Sets forth provisions with respect to the appointment of counsel.
Subtitle B: Death Penalty Litigation Procedures - Death Penalty Litigation Procedures Act of 1992 - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by prisoners in State custody who are subject to a capital sentence. Makes the applicability of such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State post-conviction proceedings brought by indigent prisoners whose capital convictions and sentences have been upheld on direct appeal to the court of last resort in the State or have otherwise become final for State law purposes. States that the rule of court on statutes establishing such mechanism must provide standards of competency for the appointment of such counsel.
Specifies that any such mechanism must offer counsel to all State prisoners under capital sentence and must provide for the entry of an order by a court of record: (1) appointing counsel to represent the prisoner upon a specified finding; (2) finding that the prisoner has rejected the offer of counsel and made the decision with an understanding of its legal consequences; or (3) denying the appointment of counsel upon a finding that the prisoner is not indigent.
Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this Act. Details conditions which will cause such stay to expire. Prohibits a Federal court, if one of such conditions has occurred, from entering a stay of execution or granting relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented in the State or Federal courts; (2) the failure to raise the claim was the result of State action in violation of the Constitution or laws of the United States, was the result of a recognition by the Supreme Court of a new Federal right that is retroactively applicable, or is due to the fact that the claim is based on facts that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review; and (3) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt of the offense for which the death penalty was imposed.
Imposes time limits on filing for habeas corpus relief. Requires such time limits to be tolled under specified conditions.
Requires the district court, upon the development of a complete evidentiary record, to rule on the merits of the claims properly before it. Makes the requirement for a certificate of probable cause inapplicable, with exceptions, where: (1) a second or successive petition is filed; and (2) certain requirements under a unitary review procedure (i.e., a State procedure that authorizes a person under sentence of death to raise, in the course of direct review of judgment, such claims as could be raised on collateral attack) are met.
Sets forth time limits for determining petitions. Specifies that the adjudication of petitions or motions involving habeas corpus in capital cases shall be granted priority by the district court and court of appeals over all noncapital matters. Directs the Administrative Office of U.S. Courts to report annually to the Congress on court compliance with the time limits established under this subtitle.
Subtitle C: Equalization of Capital Habeas Corpus Litigation Funding - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to require the Director of the Bureau of Justice Assistance (BJA) to provide grants to the States to support litigation pertaining to Federal habeas corpus petitions in capital cases. Specifies that the total funding available for such grants within any fiscal year shall be equal to the funding provided to capital resource centers, pursuant to Federal appropriation, in the same fiscal year.
Title III: Exclusionary Rule - Amends the Federal criminal code to provide that evidence obtained as a result of a search or seizure shall not be excluded in a court of the United States as being in violation of the fourth amendment to the U.S. Constitution if such search or seizure was carried out in circumstances justifying an objectively reasonable belief that it was in conformity with the fourth amendment. Makes the fact that evidence was obtained pursuant to and within the scope of a warrant prima facie evidence of the existence of such circumstances.
Bars the exclusion of evidence in such a proceeding on the ground that it was obtained in violation of a statute, administrative rule or regulation, or rule of procedure unless exclusion is expressly authorized by statute or by rule prescribed by the Supreme Court pursuant to statutory authority.
Title IV: Firearms and Related Amendments - Revises firearms-related provisions to establish the following penalties, in addition to the punishment provided for the underlying crime, for engaging in specified activities during and in relation to a crime of violence or drug trafficking crime for which the perpetrator may be prosecuted in a State court. Provides that whoever:
(1) knowingly uses, carries, or otherwise possesses a firearm shall be sentenced to imprisonment for ten years; (2) discharges a firearm with intent to injure another person shall be sentenced to imprisonment for 20 years; or (3) knowingly uses, carries, or otherwise possesses a firearm that is a machine gun or destructive device or is equipped with a firearm silencer or muffler shall be sentenced to imprisonment for 30 years. Sets penalties for second, third, and subsequent convictions. Specifies that a term of imprisonment under such provision shall run concurrently with any other term of imprisonment imposed for the underlying crime.
Sets forth penalties for smuggling firearms in aid of drug trafficking and for theft of firearms and explosives.
Increases penalties for making knowingly false, material statements in connection with the acquisition of a firearm from a licensed dealer.
Authorizes the summary destruction of explosives subject to forfeiture under specified circumstances. Sets forth requirements for reimbursement of the value of destroyed property.
Makes persons sentenced under enhanced penalty provisions related to the use of firearms or destructive devices during and in relation to a crime of violence or drug trafficking crime ineligible for parole during the term of imprisonment imposed under such provisions.
Provides enhanced penalties for the use of a firearm in the commission of counterfeiting or forgery.
Provides for a mandatory five-year penalty for firearms possession by violent felons and serious drug offenders, and a ten- to twenty-year penalty (or fine, or both) in cases of two previous convictions for a violent felony or a serious drug offense committed on different occasions. Bars the court from suspending the sentence of, or granting a probationary sentence to, such persons with two prior convictions.
Prohibits the transfer of firearms to non-residents of the State in which the transferor resides, unless such receipt is for lawful sporting purposes.
Subjects individuals who conspire to commit a firearms or explosives offense to the same penalties as those prescribed for the underlying offense.
Provides for a fine or up to ten years imprisonment, or both, for stealing a firearm or explosive from specified individuals, such as a licensed importer, manufacturer, or dealer.
Makes it unlawful for any person (current law specifies licensee) to distribute explosive materials to specified classes of individuals.
Increases penalties for interstate gun trafficking.
Prohibits: (1) the possession of explosives by felons and specified others; and (2) transactions involving stolen firearms which have moved in interstate or foreign commerce.
Establishes penalties for possessing (current law covers only using and carrying) an explosive during the commission of a felony. Provides for 20 years imprisonment for using, carrying, or possessing an explosive, in the case of a second or subsequent conviction.
Amends the Internal Revenue Code of 1986 regarding the disposition of forfeited firearms.
Revises the definition of: (1) "serious drug offense" under the Federal criminal code (to include an offense under State law that, if it had been prosecuted as a CSA violation as that Act provided at the time of the offense, would have been punishable by a maximum term of ten years or more); and (2) "burglary" under the Armed Career Criminal Statute (to mean a crime that consists of entering or remaining surreptitiously within a building that is the property of another person with intent to engage in conduct constituting a Federal or State offense and that is punishable by one year's imprisonment).
Title V: Juveniles and Gangs - Subtitle A: Increased Penalties for Employing Children to Distribute Drugs Near Schools and Playgrounds - Amends the CSA to increase the penalty for employing, using, inducing, or coercing individuals under age 18 to violate provisions of such Act, or to assist in avoiding detection or apprehension for certain offenses under such Act by Federal, State, or local law enforcement officials.
Subtitle B: Antigang Provisions - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to authorize the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to States and units of local government to assist them in planning, coordinating, and evaluating projects to reduce the formation or continuation of juvenile gangs and the use and sale of illegal drugs by juveniles. Specifies the allocation (50-50) of funds available to each State for juvenile drug supply and drug demand reduction programs. Directs the Administrator to give priority to programs aimed at juvenile involvement in organized gang- and drug-related activities. Authorizes the Administrator to make grants if the beneficiaries are juveniles residing at or near international border communities. Authorizes appropriations.
Sets forth provisions with respect to application, and review and approval, procedures.
Establishes penalties, in addition to the punishment otherwise provided for a crime, for the commission of a felony crime of violence, felony involving a controlled substance, felony violation of the CSA, the CSIEA, or the Maritime Drug Law Enforcement Act, and a conspiracy to commit such offenses, in, for, or in association with any criminal street gang, subject to specified conditions. Specifies that any term of imprisonment imposed under this provision shall run consecutively to any other sentence imposed for the underlying crime.
Subtitle C: Juvenile Penalties - Amends the Federal criminal code to: (1) add certain firearms offenses to the offenses over which the United States has juvenile delinquency jurisdiction; and (2) provide for the treatment of violent juveniles who commit firearms offenses as adults under certain circumstances. Specifies factors to be considered in transferring a juvenile to adult status.
Classifies as serious drug offenses for purposes of the Armed Career Criminal Act of 1984 serious drug offenses committed by juveniles.
Amends the Omnibus Act to require the Director of the BJA to make grants to States, for use by States and units of local governments, to develop alternatives to incarceration and probation for young offenders which promote reduced recidivism, crime prevention, and victim assistance, including boot camp prison programs, community service programs, and demonstration restitution projects.
Sets forth provisions with respect to: (1) State and local applications; (2) application review; (3) the allocation and distribution of funds to State and local governmental units; (4) evaluation; and (5) limitations on administrative costs. Authorizes appropriations.
Subtitle D: Other Provisions - Includes among permissible uses of drug control and system improvement grants (under the Omnibus Act) programs that address the need for effective bindover systems for the prosecution of violent 16- and 17-year-olds in courts with jurisdiction over adults for first- and second-degree murder, attempted murder, specified crimes when armed with a firearm, and drive-by shootings.
Directs the Attorney General to: (1) develop a national strategy to coordinate gang-related investigations by Federal law enforcement agencies (LEAs); and (2) prepare a report on national gang violence to be submitted to the President and the Congress. Requires the Director of the Federal Bureau of Investigation (FBI) to acquire and collect information on incidents of gang violence for inclusion in an annual uniform crime report. Authorizes appropriations.
Specifies that a juvenile shall not be transferred to adult prosecution nor shall a hearing be held under section 5037 (disposition after a finding of juvenile delinquency) until any prior juvenile court records have been received by the court or other specified conditions are met. (Current law states that "any proceedings against a juvenile under this chapter or as an adult shall not be commenced" until such conditions are met.)
Title VI: Terrorism and International Matters - Repeals the Antiterrorism Act of 1990.
Amends the Federal criminal code to define the term "international terrorism" to include activities that: (1) involve violent acts that are a violation of Federal or State laws, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State; (2) appear to be intended to intimidate or coerce a civilian population, influence the policy of a government by intimidation or coercion, or affect the conduct of a government by assassination or kidnapping; and (3) occur primarily outside U.S. territorial jurisdiction or transcend national boundaries.
Authorizes any U.S. national injured in his or her person, property, or business by reason of an act of international terrorism to bring a civil action in U.S. district court and recover treble damages and the cost of the suit, including attorney's fees. Specifies that a final judgment or decree rendered in favor of the United States in certain classes of criminal proceedings (such as those involving the murder of a foreign official, kidnapping, hostage taking, killing of a U.S. national, or an aircraft piracy-related offense), or in favor of any foreign state in a criminal proceeding to the extent that such judgment or decree may be accorded full faith and credit under U.S. law, shall estop the defendant from denying the essential allegations of the criminal offense in a subsequent civil proceeding under this title.
Sets forth provisions regarding: (1) jurisdiction and venue for, and limitation of, such civil actions; (2) limitations on discovery; (3) stays of action for civil remedies (where such action will substantially interfere with a criminal prosecution which involves the same subject matter and in which an indictment has been returned, or with national security operations related to the terrorist incident that is the subject of the civil action); and (4) prohibitions on suits against U.S. Government and foreign officials.
Makes it a Federal criminal offense for an individual, within the United States and acting as an agent of a foreign power, to provide material support or resources (including currency, securities, communications equipment, facilities, weapons, personnel, and other physical assets), or to conceal or disguise the nature, location, source, or ownership of such support or resources, knowing that such resources or support are intended to be used to commit a terrorist act.
Provides for the civil and criminal seizure and forfeiture of any real or personal property used or intended for use for, or constituting or derived from the gross profits or other proceeds obtained from, specified violations related to terrorist acts, or to facilitate the concealment or an escape from the commission of such violations.
Authorizes the Attorney General to waive immigration admission, and other legal, requirements and grant permanent resident status for alien witnesses who cooperate with the Government in Federal or State prosecutions. Bars the granting of such status to an alien who would be excluded because of felony convictions unless the Attorney General determines that the granting of such status to such alien is necessary in the interests of justice and comports with the safety of the community.
Limits the number of aliens and members of their immediate families entering the United States under such authority to 200 persons in any single fiscal year. Makes the decision to grant or deny permanent resident status under this Act at the discretion of the Attorney General and not subject to judicial review.
Declares that all the territorial sea of the United States, as defined by Presidential Proclamation 5928 of December 27, 1988: (1) is part of the United States, subject to its sovereignty; and (2) for purposes of Federal criminal jurisdiction, is within the special maritime and territorial jurisdiction of the United States.
Sets forth additional provisions with respect to U.S. jurisdiction over the territorial sea and over crimes against U.S. nationals on foreign vessels.
Increases penalties for manslaughter and aggravated assault committed abroad by terrorists against U.S. nationals.
Authorizes appropriations for counter-terrorist operations and programs.
Amends: (1) the International Economic Emergency Powers Act to increase penalties for violations of such Act; and (2) the Federal criminal code to increase penalties regarding the issuance and verification of a passport without lawful authority, false statements in the application for and use of a passport, and forgery, false use, or misuse of a passport.
Directs the U.S. Sentencing Commission to amend its sentencing guidelines to provide an increase of not less than three levels in the base offense level for any felony, whether committed within or outside the United States, that involves or is intended to promote international terrorism, unless such involvement or intent is itself an element of the crime.
Extends the statute of limitations for specified terrorism offenses, including airport and maritime violence, hostage taking, use of weapons of mass destruction, and torture, to ten years after the commission of the offense.
Amends the Federal criminal code to establish penalties for removing a child from, or retaining a child outside, the United States with intent to obstruct the lawful exercise of parental rights.
Authorizes appropriations to carry out (under the State Justice Institute Act of 1984) national, regional, and in-State training and educational programs dealing with criminal and civil aspects of interstate and international parental child abduction.
Amends the Federal criminal code to provide for the prosecution of individuals who murder U.S. nationals abroad. Bars such a prosecution:
(1) if prosecution has been previously undertaken by a foreign country for the same act or omission; and (2) unless the Attorney General determines that the act or omission took place in a country in which the person is no longer present and the country lacks the ability to lawfully secure the person's return. Specifies that the Attorney General's determination is not subject to judicial review.
Authorizes the Attorney General, in the course of enforcement of such provision, to request assistance from any Federal, State, local, or foreign agency.
Permits in the exercise of comity, the surrender of persons who have committed crimes of violence against U.S. nationals in foreign countries without regard to the existence of any extradition treaty with such foreign government if the Attorney General certifies that: (1) evidence has been presented by such foreign government which indicates that had the offenses been committed in the United States they would constitute crimes of violence; and (2) the offense charged are not of a political nature.
Amends Federal law (commonly referred to as the Johnson Act) to modify the circumstances under which a gambling device may be repaired, transported, used, or possessed on a vessel.
Amends the Federal criminal code to authorize the Director of the FBI or his designee in a position not lower than Deputy Assistant Director (Director) to request: (1) the name, address, length of service, and toll billing records of a person or entity (person) if the Director certifies in writing to the wire or electronic communication service provider to which the request is made (provider) that such records are relevant to an authorized foreign counterintelligence investigation and there are specific and articulable facts giving reason to believe that the person to whom the information pertains is a foreign power or a foreign agent; and (2) the name, address, and length of service of a person if the Director certifies in writing to such provider that the information is relevant to such an investigation and there are specific and articulable facts giving reason to believe that communication facilities registered in the name of the person have been used, through the services of such provider, in communication with an individual who is engaging in or has engaged in international terrorism or clandestine activities that involve or may involve a violation of U.S. criminal statutes, or a foreign power or foreign agent under circumstances giving reason to believe that the communication concerned international terrorism or such clandestine activities. Requires that the House and Senate Judiciary Committees be informed regarding all such requests for certification. (Current law authorizes the Director or his designee to request telephone toll and transactional records upon written certification to the provider that the information sought is relevant to an authorized foreign counterintelligence investigation and there are specific and articulable facts giving reason to believe that the person is a foreign power or foreign agent.)
Title VII: Sexual Violence, Child Abuse, and Victims' Rights - Subtitle A: Sexual Violence and Child Abuse - Amends the Federal criminal code to include within the definition of "sexual act" the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 with intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.
Increases penalties for recidivist sex offenses.
Authorizes the court to order a defendant convicted of a sex offense to pay restitution to the victim.
Requires a judicial officer, at the time of the pretrial release determination, to include in any order a requirement that the defendant be tested for human immunodeficiency virus (HIV) and that follow-up tests for the virus be performed six and 12 months thereafter, unless the judicial officer determines that the defendant's conduct created no risk of transmission of the virus to the victim. Sets forth additional requirements with respect to HIV testing and disclosure of test results. Directs the Sentencing Commission to amend the sentencing guidelines to enhance the sentence of a sex offender if such offender knew or had reason to know that the offender was infected with HIV, except where the offender did not engage or attempt to engage in conduct creating a risk of transmission of the virus to the victim.
Amends the Victims' Rights and Restitution Act of 1990 to require the Attorney General or the head of another department or agency that conducts an investigation of a sexual assault to pay the cost of up to two tests of the victim for HIV during the 12 months following the assault.
Subtitle B: Victims' Rights - Authorizes the court to: (1) order that the defendant reimburse the victim for necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of, or attendance at proceedings related to, the offense; and (2) suspend the defendant's eligibility for all Federal benefits (after a hearing, if the defendant is delinquent in making restitution) until such time as the defendant demonstrates to the court good-faith efforts to return to any required schedule of payments or requirement of immediate payment.
Amends the Federal Rules of Criminal Procedure to authorize the court: (1) before imposing sentence for a crime of violence or sexual abuse, to address the victim personally if the victim is present at the sentencing hearing and determine if the victim wishes to make a statement and present any information in relation to the sentence; and (2) upon a motion that is filed jointly by the defendant and the attorney for the Government, to hear in camera such a statement by the victim.
Amends the Federal Rules of Criminal Procedure to entitle each side to six (currently, the Government is entitled to six and the defendant or defendants jointly to ten) peremptory challenges if the offense charged is punishable by imprisonment for more than one year.
Requires (current law authorizes) the court to order restitution payments for specified violations of the Federal criminal code and the FAA. Authorizes the court, in addition to ordering restitution of the victim for the offense of which a defendant is convicted, to order restitution of persons harmed physically, emotionally, or pecuniarily by the defendant's unlawful conduct during which the offense occurred or during the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Sets forth additional provisions with respect to determination of amounts owed to the victim, set-offs, enforcement of restitution orders, and procedures for issuing such orders.
Subtitle C: Crime Victims Fund - Repeals: (1) the current $150,000,000 cap on the Crime Victims Fund under the Victims of Crime Act of 1984; and (2) sunset provisions under such Act. Modifies the formula for the distribution of sums deposited into the Fund to provide that: (1) the first $10,000,000 of the total funds deposited in a fiscal year shall be available for child abuse prevention and treatment grants; (2) the next sums deposited, up to the reserved portion (specified below), shall be made available to the judicial branch for administrative costs to carry out the functions of the branch; (3) of the sums remaining, four percent shall be available for training and technical services to victim assistance programs and for financial support of services to victims of crime by victim assistance programs, and 96 percent be available for crime victim compensation and victim assistance programs. (Current law provides a complex formula for the distribution of funds depending on the amount deposited in the Fund.)
Authorizes the Director of the Office for Victims of Crime to retain any amount in excess of 110 percent of the total deposited in the previous fiscal year as a reserve for those years in which there is a shortfall in the Fund, provided that the reserve does not exceed $20,000,000.
Specifies that: (1) the reserved portion shall be $6,200,000 in each of FY 1992 through 1995 and $3,000,000 for each fiscal year thereafter; and (2) sums awarded as part of a grant under this Act that remain unspent at the end of a fiscal year in which such grant is made may be expended for the purpose for which such grant is made at any time during the two succeeding fiscal years (under current law, during the succeeding fiscal year). Increases the Federal share of victim compensation programs from 40 to 45 percent of the amounts awarded by each program during the preceding fiscal year.
Specifies that if the compensation paid by an eligible crime victim compensation program would cover costs that a Federal program, or a federally financed State or local program would otherwise pay: (1) such victim compensation program shall not pay such compensation; and (2) the other program shall make its payments without regard to the existence of the crime victim compensation program.
Authorizes the Director to use unspent compensation funds for assistance programs in either the year such funds are not spent or in the following year. Requires crime victim assistance chief executives to give particular attention to children who are victims of violent street crime. Authorizes the use of grants under this Act for demonstration projects. Allows the Director to permit up to five percent of a victim assistance program grant to be used by the chief executive of each State for administrative costs.
Makes biannual reports under such Act due on May 31 (currently, such reports are due December 31).
Requires grantees to certify that no grant funds will be used to supplant State and local funds, but rather will supplement those otherwise available funds.
Delays the effective date for specified provisions to make the allocations required by such provisions without reducing the funding levels of programs supported by the Victim Assistance Fund and the Victims Compensation Fund.
Subtitle D: National Child Protection Act - National Child Protection Act of 1992 - Establishes a national criminal background check system to which a designated agency in each State is required to report child abuse crime information, for purposes of background checks of child care providers.
Directs the Attorney General to establish: (1) guidelines for the reporting of such information; and (2) timetables for each State to report such information to such system (with a three-year deadline for all States to be reporting at a specified level of currency).
Requires State agencies to maintain close liaison for information exchange and technical assistance in cases of child abuse with the National Centers: (1) on Child Abuse and Neglect; (2) for Missing and Exploited Children; and (3) for the Prosecution of Child Abuse.
Directs the Attorney General to publish annually: (1) a statistical summary of the child abuse crime information reported under this Act; and (2) a summary of each State's progress in reporting child abuse crime information to the national criminal background check system.
Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention to conduct a study to determine various factors relating to potential child abuse crimes and offenders, based on a statistically significant sample of convicted child abuse offenders and other relevant information. Requires a report on such study to be submitted to specified congressional committee officials.
Provides for background check procedures. Allows entities that provide child care or child care placement services (including businesses or organizations that license or certify others to provide such services) may request State agencies to review State and Federal records through the national system, and other criminal justice recordkeeping systems, to determine if a child care provider is under indictment for, or has been convicted of, a background check crime. (Defines provider as one who is now or seeks to be: (1) employed by or a volunteer with a qualified entity; (2) an owner or operator of a qualified entity; or (3) having unsupervised access to any child to whom the qualified entity provides child care.) Directs the Attorney General to establish guidelines for such State background check procedures, permitting equivalent procedures under specified conditions. Authorizes the Attorney General to: (1) exchange FBI identification records with authorized agencies for purposes of such background checks; and (2) authorize by regulation further dissemination of such records by authorized agencies for such purposes.
Directs the Attorney General to: (1) prescribe by regulation any other measures necessary to carry out this Act; and (2) encourage use of the best technology available in conducting background checks.
Amends the Omnibus Act to provide for the use of certain formula grants to improve State record systems and the sharing of records of child abuse crime information to implement this Act. Directs the Attorney General to make additional grants to States to improve specified aspects of the child abuse crime information system, subject to appropriations and with preference to States having the lowest percent currency of case dispositions in computerized criminal history files. Authorizes appropriations for such additional grants.
Authorizes the Attorney General, beginning one year after enactment of this Act, to reduce by up to ten percent the allocation to a State for a fiscal year under title I of the Omnibus Act if the State is not in compliance with the child abuse crime information timetable established for it under this Act.
Subtitle E: Jacob Wetterling Crimes Against Children Registration Act - Jacob Wetterling Crimes Against Children Registration Act - Directs the Attorney General to establish a State program and guidelines requiring persons convicted of a criminal offense against a minor to register a current address with a designated State LEA for ten years after release from prison, or being placed on parole or supervised release. Sets forth requirements for an approved State registration program, including: (1) requirements that a State prison officer inform a released person of the duty to register and provide a designated State LEA with any new address in writing within ten days, obtain a fingerprint card and photograph if not already obtained, require the person to read and sign a form stating that the duty to register has been explained, and forward such information to a designated State LEA (which shall immediately enter the information into the appropriate State law enforcement record system, notify the appropriate LEA having jurisdiction where the person expects to live, and transmit the conviction data and fingerprints to the Identification Division of the FBI); (2) annual address verification by the designated State LEA; and (3) notification of LEAs having jurisdiction over a released person's new address. Provides that: (1) a person required to register who violates any requirement of a State program established by this Act shall be subject to criminal penalties in such State (recommends at least six months' imprisonment); and (2) the information provided under this Act is private and may be used for law enforcement purposes and confidential background checks conducted with fingerprints for child care services providers. Specifies that the allocation of BJA grant funds (under the Omnibus Act) received by a State not complying with the provisions of this Act three years after its enactment shall be reduced by 25 percent. Requires such unallocated funds to be reallocated to the States in compliance with this Act.
Subtitle F: Domestic Violence - Amends the Omnibus Act to authorize the Director of the BJA to make grants to ten States to assist in implementing a civil and criminal response to domestic violence. Sets forth provisions regarding: (1) use of grant funds; (2) application requirements; (3) limitations on grants and grant renewal; (4) criteria in awarding grants; and (5) reporting requirements.
Directs the Attorney General and the Secretary of Health and Human Services (HHS) to report to the Congress on the medical and psychological basis of "battered women's syndrome" and the extent to which evidence of the syndrome has been held to be admissible as evidence of guilt or as a defense in a criminal trial.
Subtitle G: Other Provisions - Amends the Federal criminal code to make it unlawful to induce a minor to commit an offense against the United States, subject to specified limitations. Directs the court to consider as an aggravating circumstance the severity of the offense sought by the adult.
Amends the General Education Provisions Act to exclude from the definition of "education records" records maintained by a law enforcement unit of the education agency or institution that were created by such unit for law enforcement purposes.
Directs the Attorney General, by contract with an appropriate entity with expertise in college campus security, to provide for a baseline study of the effectiveness of campus sexual assault policies for institutions of postsecondary education. Sets forth reporting requirements. Authorizes appropriations.
Expresses the sense of the Congress that, in determining child custody and visitation rights, the courts should take into consideration the history of drunk driving of any person involved in the determination.
Title VIII: Equal Justice Act - Equal Justice Act - Requires that: (1) the death penalty and all other penalties be administered by the United States and by every State without regard to the race or color of the defendant or victim; and (2) neither the United States nor any State prescribe any racial quota or statistical test for the imposition or execution of the death penalty or any other penalty.
Directs that, in a criminal trial in any Federal or State court, on motion of the defense attorney or prosecutor: (1) the risk of racial prejudice or bias be examined on voir dire if there is a substantial likelihood in the circumstances of the case that such prejudice or bias will affect the jury either against or in favor of the defendant; and (2) a change of venue be granted if an impartial jury cannot be obtained in the original venue because of racial prejudice or bias. Bars the prosecutor or the defense attorney from making any appeal to racial prejudice or bias in statements before the jury. Requires: (1) the judge in a Federal capital case before a jury to instruct the jury not to be influenced by prejudice or bias relating to the race or color of the defendant or victim in considering whether a sentence of death is justified, and that the jury is not to recommend the imposition of such sentence unless it has concluded that it would recommend the same sentence for such crime regardless of the race or color of the defendant or victim; and (2) the jury, upon the return of a recommendation of a sentence of death, to also return a certificate, signed by each juror, that the juror's individual decision was not affected by prejudice or bias relating to the race or color of the defendant or victim and that the individual juror would have made the same recommendation regardless of the race or color of the defendant or victim.
Makes the fact that the killing of a victim was motivated by racial prejudice or bias an aggravating factor whose existence permits consideration of the death penalty, in a prosecution for an offense against the United States for which a sentence of death is authorized.
Amends specified civil rights provisions to cover conspiracy against rights, and deprivation of rights under color of law, of any person (currently, inhabitant of) in a State, territory, or district.
Title IX: Funding, Grant Programs, and Studies - Subtitle A: Safer Streets and Neighborhoods - Safer Streets and Neighborhoods Act of 1992 - Amends the Omnibus Act to: (1) authorize appropriations ($1,000,000,000 for FY 1992 and such sums as necessary in FY 1993 and 1994) for grants to State and local LEAs; (2) continue the Federal-State funding formula for such agencies for FY 1992; and (3) permit the use of grants to State and local governments for participation in multi-jurisdictional drug task forces.
Subtitle B: Retired Public Safety Officer Death Benefit - Amends the Omnibus Act to provide death benefits to retired public safety officers who become permanently and totally disabled as the direct result of a catastrophic injury sustained while responding to a fire, rescue, or police emergency.
Designates the program under such Act pertaining to the payment of death benefits to retired public safety officers as the Irwin Rutman Retired Safety Officer's Benefit Program.
Subtitle C: Study on Police Officers' Rights - Directs the Attorney General to conduct a study of the procedures followed in internal, noncriminal investigations of State and local law enforcement officers to determine if such investigations are conducted fairly and effectively. Sets forth reporting requirements.
Subtitle D: Community Policing - Chapter 1: Police Corps and Law Enforcement Training and Education Act - Police Corps and Law Enforcement Training and Education Act - Establishes within the Department of Justice (DOJ) an Office of the Police Corps and Law Enforcement Education, to be headed by a Director.
Requires a State that desires to participate in the Police Corps Program or the Law Enforcement Scholarship Program to designate a lead agency and submit a State plan containing assurances with respect to: (1) lead agency cooperation with other State and local agencies; (2) the State advertising of the assistance available; (3) State screening and selection of law enforcement personnel for participation in the program; and (4) compliance with other specified requirements.
Subchapter A: Police Corps Program - Authorizes the Director to award scholarships (including direct payments to institutions and reimbursement of educational costs) to participants who agree to work for four years in a State or local police force after completion of 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) and police corps training, subject to specified conditions. Specifies that scholarships shall only be used to pay educational expenses incurred while in attendance at an institution of higher education in a course of education leading to the award of a baccalaureate degree and for graduate and professional study.
Sets forth provisions with respect to: (1) scholarship assistance for dependent children of law enforcement officers; (2) the selection of participants; (3) minority recruitment (which requires each State to seek and recruit among members of all racial, ethnic, or gender groups); and (4) leaves of absence (including a provision allowing the granting of a leave of absence from study or training for a participant requesting leave for up to 30 months to serve on an official church mission).
Requires the Director to establish up to three training centers to provide basic law enforcement training to State Police Corps Program participants. Requires participants to attend two eight-week training sessions at such training centers and to meet certain performance standards in order to remain in the program. Requires the Director to pay participants a weekly stipend during training.
Requires a State, in order to participate in the Police Corps Program, to submit a plan for implementing such program to the Director for approval. Requires such plan to: (1) include assurances that participants will receive additional State or local training after completing Federal training which shall count toward the four-year service obligation; and (2) provide that program participants shall be assigned to community and preventive patrol in geographic areas with the greatest need for additional law enforcement personnel. Provides for the swearing in of participants as members of the police force to which they are assigned after completing Federal training and meeting the requirements of that police force. Specifies that, if the police force of which the participant is a member lays off the participant in a manner that would preclude the participant from completing four years of service and result in the denial of educational assistance under this subchapter, the Director may permit the participant to complete the service obligation in an equivalent alternative law enforcement service without requiring the participant to repay the scholarship or interest.
Authorizes appropriations.
Subchapter B: Law Enforcement Scholarship Program - Law Enforcement Scholarships and Recruitment Act - Directs each State to pay from funds under this Act the Federal share (not more than 60 percent) of the cost of awarding scholarships to in-service law enforcement personnel for further education providing full-time employment in the summer or part-time employment for up to one year. Specifies that such employment shall: (1) be provided by State and local LEAs for students who are juniors or seniors in high school or are enrolled in an accredited institution of higher education and who demonstrate an interest in undertaking a career in law enforcement; (2) not be in a law enforcement position; and (3) consist of performing meaningful tasks that inform such students of the nature of the tasks performed by LEAs.
Sets forth requirements with respect to: (1) the designation of a lead agency; (2) administrative expenses; and (3) ineligibility for student employment (by an individual who has been employed as a law enforcement officer).
Sets forth State and local application requirements. Grants priority in awarding scholarships to members of underrepresented groups, to those pursuing an undergraduate degree, and to those not receiving financial assistance under the Higher Education Act of 1965.
Requires each individual awarded a scholarship to work in a law enforcement position in the State which made the award for a period of one month for each credit hour for which funds are received under such scholarship (with a six-month minimum and two-year maximum).
Authorizes appropriations. Specifies that 75 percent of funds appropriated under this subchapter shall be available to provide scholarships and 25 percent to provide employment.
Subchapter C: Reports - Sets forth provisions requiring: (1) annual reports by the Director to the Attorney General, the President, and specified Members of Congress; and (2) a special report by the Attorney General to the Congress on a plan to expand scholarship assistance to eligible Federal law enforcement officers.
Chapter 2: Cop-On-The Beat Grants - The Cop-on-the-Beat Act of 1992 - Amends the Omnibus Act to authorize the Director of the BJA to make grants to units of general local government and community groups to establish or expand cooperative efforts between police and the community to increase the police presence in the community.
Requires the Director to develop a written model that informs community members regarding: (1) how to identify the existence of a drug or gang house; (2) what civil remedies are available; and (3) what mediation techniques are available between community members and individuals who have established a drug or gang house in such community.
Sets forth application requirements. Requires each application to include a comprehensive plan containing: (1) a description of the crime problems within the areas targeted for assistance, the projects to be developed, community resources and gaps in the plan that cannot be filled with existing resources, and the system the applicant will establish to prevent and reduce crime; (2) an explanation of how the requested grant will be used to fill such gaps; and (3) an evaluation component.
Requires the Director to allocate not less than 75 percent of the funds available to units of local government or combinations of such units and not more than 20 percent to community groups. Provides for grant renewal. Limits: (1) costs of administration, technical assistance, and evaluation to five percent of available funds; and (2) the Federal share to 75 percent of total project costs.
Requires the Director, in awarding grants, to consider: (1) demonstrated need and ability to provide the services described in the plan; (2) evidence of the ability to coordinate a community-wide response to crime; (3) ability to maintain the program after funding is no longer available; and (4) geographic distribution of grant awards. Sets forth reporting requirements. Authorizes appropriations.
Subtitle E: Rural Crime Prevention Strategy - Requires the Director of the National Institute of Justice (NIJ) to conduct a national assessment of the nature and extent of rural crime in the United States, the needs of law enforcement and criminal justice professionals in rural States and communities, and promising strategies to respond effectively to those challenges, including: (1) the problem of clandestine drug laboratories; (2) other environmental crimes, such as the dumping of toxic waste; (3) the cultivation of illegal crops, such as marihuana; (4) the problems of drug and alcohol abuse in rural communities; (5) the problems of family violence and child abuse; (6) the problems of juvenile delinquency and vandalism; (7) the access of law enforcement and criminal justice professionals in rural communities to the services of crime laboratories, the Automated Fingerprint Identification System, and other technological support, and to professional training and development; and (8) the special problems of drug abuse in jurisdictions with populations of 50,000 or less.
Requires the Director to: (1) submit the national assessment to the President and the Congress within 12 months; and (2) disseminate the results through programs of training and technical assistance, as well as through reports, publications, and clearinghouse services.
Authorizes the Director to make grants to local LEAs for pilot programs and field tests of particularly promising strategies and models, which could then serve as the basis for demonstration and educational programs under the BJA discretionary grant program, such as programs to develop and demonstrate new or improved approaches or techniques for rural criminal justice systems. Authorizes appropriations.
Subtitle F: National Commission to Support Law Enforcement - National Commission to Support Law Enforcement Act - Establishes the National Commission to Support Law Enforcement to study and recommend changes regarding LEAs and law enforcement issues on the Federal, State, and local levels.
Repeals provisions of the Crime Control Act of 1990 and the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1991, with respect to the establishment of such a Commission.
Subtitle G: Other Provisions - Directs the Attorney General to award a grant to an eligible organization in paying for the costs of a Missing Alzheimer's Disease Patient Alert Program. Sets forth application and related requirements. Authorizes appropriations.
Authorizes appropriations for BJA discretionary grants under the Omnibus Act.
Amends the Omnibus Act to require the Director of the BJA to: (1) establish guidelines and oversee the implementation of family-friendly policies within law enforcement-related offices and divisions of DOJ; (2) study the effects of stress on law enforcement personnel and family well-being, and disseminate the findings of such studies to Federal, State, and local LEAs, related organizations, and other interested parties; (3) identify and evaluate model programs that provide support services to law enforcement personnel and families; (4) provide technical assistance and training programs to State and local LEAs to develop stress reduction and family support; (5) collect and disseminate information regarding family support, stress reduction, and psychological services to Federal, State, and local LEAs, law enforcement-related organizations, and other interested entities; and (6) determine issues to be researched by the BJA and by grant recipients. Authorizes the Director to make grants to States and local LEAs to provide family support services to law enforcement personnel.
Directs State or local law enforcement grant recipients to use sums provided to establish or improve training and support programs for law enforcement personnel, including providing at least one of the following services: (1) counseling for law enforcement family members; (2) child care on a 24-hour basis; (3) marital and adolescent support groups; (4) stress reduction programs; and (5) stress education for law enforcement recruits and families.
Authorizes such recipients to provide services such as: (1) post-shooting debriefings for officers and their spouses; (2) group therapy; (3) hypertension clinics; (4) counseling for families of personnel killed in the line of duty; and (5) seminars regarding alcohol, drug abuse, gambling, and overeating.
Sets forth provisions with respect to: (1) application requirements; (2) geographic distribution of assistance among the States; (3) duration of the grant (not to exceed five years); and (4) limitations on the use of grant funds (not more than ten percent) for administrative purposes. Authorizes the Director to reserve ten percent of appropriated funds for discretionary research grants.
Sets forth reporting requirements (by grant recipients and by the Director).
Authorizes appropriations.
Authorizes the chief correctional officer of each State correctional system to establish a demonstration or system-wide functional literacy program. Sets forth program and reporting requirements. Directs the Attorney General to make grants to State correctional agencies which elect to establish such programs. Authorizes appropriations.
Directs the Attorney General to make grants to State and local correctional agencies to assist them in establishing and operating programs designed to reduce recidivism through the development and improvement of life skills necessary for reintegration into society. Sets forth application and reporting requirements.
Amends the Public Health Service Act (PHSA) to authorize the Secretary of HHS to make grants for the operating expenses of trauma-care centers with substantial uncompensated costs in areas with significant violence arising from drug abuse.
Gives priority to centers: (1) receiving State or political subdivision support not connected to any Federal program; or (2) in areas where a trauma center has ceased participation, or because of uncompensated costs will be unable to participate, in the trauma care system.
Limits: (1) support for a center to three fiscal years, subject to extension by the Secretary for one additional year; and (2) the grant amount to any single center to $2,000,000,000 in any fiscal year. Authorizes appropriations.
Requires the Director of NIJ to conduct: (1) a study comparing the recidivism rates of individuals under the influence of alcohol or alcohol in combination with other drugs at the time of their offense who participated in a residential treatment program while in the custody of the State with those who did not participate; and (2) a nationwide assessment regarding the use of alcohol and alcohol in combination with other drugs as a factor in violent, domestic, and general criminal activity.
Requires the BOP, at least five days prior to the release of a prisoner convicted of a drug trafficking crime or crime of violence on supervised release (or, in the case of a prisoner on supervised release, at least five days prior to the date on which the prisoner changes residence to a new jurisdiction), to provide written notice of the release (or change of residence) to the chief law enforcement officer of the State and of the local jurisdiction in which the prisoner will reside, with exceptions.
Specifies that, in the case of a prisoner convicted of an offense committed prior to November 1, 1987, the reference to supervised release in such provision shall be deemed to be a reference to probation or parole.
Title X: Illegal Drugs - Subtitle A: Drug Testing - Requires:
(1) the Director of the Administrative Office of the U.S. Courts to establish a program of drug testing (including such standards and guidelines as the Director determines necessary to ensure reliability and accuracy of the drug testing programs) of criminal defendants on post-conviction release; and (2) the chief probation officer in each district (where feasible) to arrange for the drug testing of such defendants.
Requires, as an explicit condition of probation, parole, or supervised release of a defendant involving a felony or a specified violent or drug offense, that the defendant refrain from any unlawful use of a controlled substance and submit to periodic drug tests. Permits the court to decline to impose such condition for probation if the defendant's presentence report or other reliable sentencing information indicates a low risk of future substance abuse by the defendant. Specifies that a defendant who tests positive may be detained pending verification of a drug test result.
Requires the revocation of parole if a prisoner unlawfully uses a controlled substance or refuses to cooperate in drug testing imposed as a condition of parole.
Amends the Omnibus Act to condition State eligibility for justice system improvement grants on State implementation of a drug testing program for targeted classes of persons confined in, or subject to supervision in, the criminal justice systems of such State. Specifies that: (1) such program must meet criteria specified by the Attorney General; and (2) no State shall be required to expend an amount for drug testing in excess of ten percent of the minimum amount that the State is eligible to receive under such Act.
Directs the Attorney General to promulgate regulations to implement such requirements which: (1) ensure reliability and accuracy of drug test results; and (2) include such other guidelines for drug testing programs in State criminal justice systems as the Attorney General determines are appropriate, as well as provisions by which a State may apply for a waiver of such requirements on the grounds that compliance would impose excessive financial or other burdens on such State or would otherwise be impractical or contrary to State policy.
Subtitle B: Precursor Chemicals - Chemical Control and Environmental Responsibility Act of 1992 - Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Comprehensive Act) to: (1) replace references to "listed precursor chemicals" with "list I chemicals" and "listed essential chemicals" with "list II chemicals"; and (2) revise the definition of "regulated person" to include individuals who act as brokers or traders for international transactions involving a listed chemical, tableting machine, or encapsulating machine.
Redefines "regulated transaction" to: (1) include international transactions which do not involve the importation or exportation of a listed chemical into or out of the United States if a broker or trader located in the United States participates in the transaction; (2) include, in the case of a listed chemical that is contained in a drug that may be marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act, transactions involving ephedrine or any other listed chemical which the Attorney General may designate as not subject to exemption after finding that such action would prevent diversion and the total quantity of such chemical included in the transaction equals or exceeds the threshold established for that chemical by the Attorney General; and (3) exclude any transaction in a chemical mixture (current law) which the Attorney General has designated as exempt based on a finding that the mixture is formulated in such a way that it cannot be easily used in the illicit production of a controlled substance and that the listed chemical or chemicals contained in the mixture cannot be readily recovered.
Requires every person who manufactures or distributes, or who proposes to engage in the manufacture or distribution of, a list I chemical to obtain annually a registration issued by the Attorney General. Authorizes and directs the Attorney General to register an applicant to distribute a list I chemical unless he determines that the issuance of such registration is inconsistent with the public interest, taking into consideration the following factors: (1) maintenance of effective controls against diversion of listed chemicals into other than legitimate channels; (2) compliance with applicable Federal, State, and local law; (3) prior conviction record of the applicant under Federal or State laws relating to controlled substances or chemicals; (4) past experience in the manufacture and distribution of chemicals; and (5) such other factors as may be relevant to and consistent with the public health and safety.
Makes provisions with respect to the denial, revocation, and suspension of registration relating to the manufacture, distribution, or dispensation of controlled substances explicitly applicable to list I chemicals. Directs the Attorney General to register an applicant to import or export a list I chemical unless he determines that the issuance of such registration is inconsistent with the public interest.
Makes it unlawful for a regulated person to distribute, import, or export a list I chemical without the registration required under the Comprehensive Act. Requires each regulated person who manufactures a listed chemical to report annually to the Attorney General information concerning listed chemicals manufactured by such regulated person.
Makes any person located in the United States who is a broker or trader for an international transaction in a listed chemical which is a regulated transaction solely because of that person's involvement as a broker or trader, with respect to that transaction, subject to all of the notification, reporting, record-keeping, and other requirements placed upon exporters of listed chemicals by the Comprehensive Act.
Authorizes the Attorney General to: (1) require that the 15 day advance notice requirement with respect to the importation and exportation of listed chemicals apply to all exports of specific listed chemicals to specified nations, regardless of the status of certain customers in such country as "regular customers," if he finds that such action is necessary to support effective diversion control programs or is required by treaty or other international agreement to which the United States is a party; and (2) waive the 15 day advance notice requirement for exports of specific listed chemicals to specified countries, and for the importation of specific listed chemicals, if he determines that such advance notice is not required for effective chemical control, subject to specified requirements.
Establishes penalties for: (1) exporting, or serving as a broker or trader for an international transaction involving, a listed chemical, knowing or having reasonable cause to believe that the chemical will be used to manufacture a controlled substance in violation of the laws of the country to which the chemical is exported; and (2) importing or exporting a listed chemical with intent to evade reporting or record-keeping requirements under the Comprehensive Act by falsely representing to the Attorney General that the importation or exportation qualifies for a waiver of the advance notice requirement by misrepresenting either the actual country of final destination of the listed chemical or the actual listed chemical being imported or exported, or both.
Amends list I to add benzaldehyde and nitroethane, and delete D-lysergic acid, N-ethylephedrine, and N-ethylpseudoephedrine.
Eliminates "regular supplier" status and creates "regular importer" status.
Modifies the definition of "controller premises" to include places where listed chemicals or records relating to the manufacture, distribution, or disposition of listed chemicals are maintained.
Makes it a felony for a person who possesses a listed chemical with intent that it be used in the illegal manufacture of a controlled substance to manage the listed chemical or waste from such manufacture other than as required under the Solid Waste Disposal Act. Specifies that, in addition to any penalty that may be imposed for the illegal manufacture, possession, or distribution of a listed chemical or toxic residue of a clandestine laboratory, a person who violates such prohibition shall be assessed costs of the initial cleanup and disposal of the listed chemical and contaminated property and the cost of restoring property damaged by exposure to such chemical.
Expresses the sense of the Congress that guidelines issued by the Sentencing Commission should recommend that the term of imprisonment for such a violation be not less than five (or in the case of a willful violation, not less than ten) years. Authorizes: (1) the court to order that all or a portion of the earnings from work performed by a defendant in prison be withheld for payment of such costs; and (2) the Attorney General to direct that assets forfeited in connection with a prosecution under this Act be shared with State agencies that participated in the seizure or cleanup of the contaminated site.
Specifies that a discharge in bankruptcy does not discharge an individual debtor from any debt for costs assessed with respect to the management of listed chemicals under the Comprehensive Act.
Amends the Health Care Quality Improvement Act of 1986 to provide for access by the Attorney General to information in the National Practitioner Data Bank.
Subtitle C: Interdiction - Amends the Federal criminal code to make it unlawful for the pilot, operator, or person in charge (pilot) of any aircraft which has crossed the border of the United States, or any aircraft subject to U.S. jurisdiction operating outside the United States, to refuse to obey the order of an authorized Federal law enforcement officer to land (in enforcing controlled substances or money laundering provisions).
Directs the Administrator of the Federal Aviation Administration and the Commissioner of Customs to prescribe regulations governing the means by which an order to land may be communicated to the pilot by Federal law enforcement officers.
Makes it unlawful for any master, operator, or person in charge (master) of a U.S. vessel or vessel under U.S. jurisdiction to fail to bring to upon being ordered to do so by a Federal law enforcement officer authorized to issue such an order.
Specifies that consent or waiver of objection by a foreign nation to the enforcement of U.S. law by the United States under this Act may be obtained by radio, telephone, or similar oral or electronic means and may be proved by certification of the Secretary of State or the Secretary's designee. Sets forth penalties for violation of this subtitle.
Authorizes the seizure and forfeiture of any vessel or aircraft that is used in violation of this subtitle.
Allows the Secretary of the Treasury and the Secretary of Transportation to delegate Federal law enforcement officer seizure and forfeiture responsibilities under these provisions to other law enforcement officers.
Provides for the immediate revocation of the registration of an aircraft upon the failure of the operator to follow the order of a Federal law enforcement officer to land the aircraft. Directs the Administrator to: (1) notify the owner of the aircraft that such person no longer holds U.S. registration for such aircraft; and (2) establish procedures for the owner of the aircraft to show cause why the registration was not revoked as a matter of law by operation of such provision, or why circumstances existed pursuant to which the Administrator should determine that it would be in the public interest to issue a new certificate of registration to the owner, effective concurrent with the revocation.
Amends the FAA to require the Administrator to issue an order revoking the airman certificate of any person that the Administrator finds, while acting as the operator of an aircraft, knowingly failed to follow the order of a law enforcement officer to land, with exceptions. Authorizes the Coast Guard to issue orders and make inquiries, searches, seizures, and arrests with respect to violations of U.S. laws occurring aboard any aircraft subject to U.S. jurisdiction over the high seas and waters over which the U.S. has jurisdiction.
Establishes a civil penalty of up to $25,000 for any master of a vessel or pilot or operator of an aircraft who intentionally fails to comply with an order of a Coast Guard commissioned officer, warrant officer, or petty officer relating to the boarding of a vessel or landing of an aircraft for specified purposes (and up to $5,000 for negligently failing to comply with such order), as well as in rem liability with respect to the vessel or aircraft. Amends the Tariff Act of 1930 to establish analogous civil penalties with respect to intentional and negligent failures to obey an order to land or bring to.
Authorizes the Coast Guard: (1) to exchange information with international organizations (currently limited to foreign governments); (2) to suggest to the Secretary of State international collaboration and conferences on all matters dealing with maritime law enforcement and maritime environmental protection (currently limited to safety of life and property at sea); and (3) when so requested by the Secretary, to utilize its personnel and facilities to assist any foreign government or international organization to perform any activity for which such personnel and facilities are especially qualified.
Authorizes the President, upon application from foreign governments or international organizations (current law excludes the latter) to utilize officers and enlisted members (under current law, to detail members) of the Coast Guard to assist such governments or organizations in matters concerning which the Coast Guard may be of assistance.
Amends the Mansfield Amendment to permit maritime law enforcement operations in archipelagic waters.
Subtitle D: Rural Drug Crime - Amends the Omnibus Act to authorize appropriations, and increase the base allocation, for rural drug enforcement assistance. Directs the Attorney General to establish a Rural Drug Enforcement Task Force in each of the Federal judicial districts which encompass significant rural lands. Specifies the membership of such task forces.
Authorizes the Attorney General to cross-designate up to 100 Federal officers with jurisdiction to enforce CSA provisions on non-Federal lands to the extent necessary to effect the purposes of this subtitle.
Requires the Director of the Federal Law Enforcement Training Center to develop a specialized course of instruction devoted to training law enforcement officers from rural agencies in the investigation of drug trafficking and related crimes. Authorizes appropriations.
Amends the PHSA to require the Director of the Office for Treatment Improvement to establish a program to provide grants to hospitals, community health centers, and other appropriate entities that serve nonmetropolitan areas to assist in developing and implementing projects that provide, or expand the availability of, substance abuse treatment services. Authorizes appropriations. Requires the alcohol and drug abuse information clearinghouse (required to be established under the PHSA) to: (1) gather information pertaining to Alcohol, Drug Abuse, and Mental Health Administration and other rural drug treatment and education projects operating throughout the United States; and (2) disseminate information to rural hospitals, community health centers, community mental health centers, treatment facilities, community organizations, and other interested individuals.
Subtitle E: Grant Programs - Amends the National Narcotics Leadership Act of 1988 to authorize the President to declare a State or part of a State to be a drug emergency area. Requires requests for such a declaration to be made, in writing, by the Governor or chief executive officer (CEO) of any affected State or local government and forwarded to the President through the Director of Policy. Allows cities, counties, or States to submit a joint request. Requires requests to be based on a written finding that the emergency is of such severity and magnitude that Federal assistance is necessary to ensure an effective response.
Prohibits the President from limiting declarations made under this Act to highly-populated centers of drug trafficking, drug use, or drug-related violence. Requires the President to consider applications from governments of less populated areas where the magnitude and severity of such activities are beyond the capability of the State or local government to respond. Requires Governors or CEOs, as part of such requests and as a prerequisite to such assistance, to: (1) take appropriate action under State or local law to respond to the crisis and furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the emergency; (2) certify that State and local government obligations and expenditures will comply with all applicable cost-sharing requirements; and (3) submit a detailed plan outlining the State or local government's short- and long-term plans to respond to the emergency. Requires the Director to review requests submitted and forward the application to the President, along with a recommendation.
Authorizes the President to make grants to State or local governments of up to $50,000,000 for any single emergency. Limits the Federal share to 75 percent of the costs necessary to implement the short- and long-term plans. Limits the duration of assistance to a drug disaster area to one year, except that the President, on application of a Governor of a State or CEO of a local government, may extend Federal assistance for up to 180 days.
Requires a State or local government receiving Federal assistance to balance the allocation of such assistance evenly between drug supply and demand reduction efforts, unless State or local conditions dictate otherwise.
Authorizes the President to: (1) direct any Federal agency to utilize its authorities and resources to support State and local efforts; and (2) provide technical and advisory assistance.
Directs the Comptroller General to conduct an audit of any Federal assistance beyond a specified amount. Authorizes appropriations.
Amends the Omnibus Act to require the Attorney General to make grants to eligible community coalitions to implement comprehensive long-term strategies for substance abuse prevention, assess existing programs, identify and solicit funding sources, develop priorities, and coordinate substance abuse services and activities. Requires coalitions to encourage voluntary participation and community involvement and submit reports to the Attorney General and the appropriate State agency. Authorizes appropriations.
Authorizes the Director of the BJA to make grants for use by States in developing and implementing residential substance abuse treatment programs within State correctional facilities.
Sets forth application requirements, including: (1) assurances that Federal funds received will be used to supplement, not supplant, non-Federal funds for funded activities; (2) that the application coordinate the design and implementation of treatment programs between State correctional representatives and the State Alcohol and Drug Abuse agency; (3) agreement by the State to implement or continue to require urinalysis or similar testing of individuals in correctional residential substance abuse programs, including testing of individuals released from such programs who remain in State custody; and (4) provisions regarding aftercare services.
Sets forth requirements with respect to: (1) duties of the designated State office under the Omnibus Act (application preparation and grant administration); (2) the review of State applications by the BJA; (3) the allocation and distribution of funds; and (4) evaluation. Limits the Federal share to 75 percent of total project costs. Authorizes appropriations.
Authorizes the Director of the BJA to make grants to States, for use by States and units of local government, to develop, implement, or continue drug testing projects when individuals are arrested and during the pretrial period.
Sets forth provisions regarding: (1) State applications, including a requirement that the State agree to develop or maintain programs of urinalysis or similar drug testing of individuals upon arrest and on a regular basis pending trial for the purpose of making pretrial detention decisions; (2) local applications; (3) the allocation and distribution of funds to State and local governmental units; and (4) reporting requirements. Authorizes appropriations.
Subtitle F: Other Provisions - Amends the CSA to: (1) increase penalties for specified offenses involving crystalline methamphetamine; and (2) prohibit any published advertisement knowing that it has the purpose of seeking or offering illegally to receive, buy, or distribute a schedule I controlled substance.
Amends the CSA to impose mandatory minimum criminal penalties for the unlawful distribution or possession of controlled substances within 1,000 feet of a truck stop or safety rest area. Prohibits the granting of probation for any person who violates this provision after a prior conviction under such provision has become final. Requires the Sentencing Commission to promulgate specified sentencing guidelines for violation of such provisions. Bars multiple enhancements.
Provides for enhanced penalties for drug trafficking in prisons.
Amends the Anti-Smuggling Act to provide that prima facie evidence that a vessel, vehicle, or other conveyance is being, has been, or is attempted to be employed in smuggling or to defraud the revenue of the United States shall be that a vessel fails to display lights under specified circumstances and that, in the case of a vehicle or other conveyance, the fact that it has a compartment or equipment that is built or fitted for smuggling. (Current law specifies only "a vessel", employed in "smuggling", and excludes the provision regarding compartments or equipment found in a vehicle or other conveyance.)
Amends the Tariff Act of 1930 to make the penalty for failure to declare a controlled substance 1,000 percent of the value of the article (as under current law) or $500, whichever is greater.
Amends the Anti-Drug Abuse Act to make amendments with respect to certain Internal Revenue Service (IRS) undercover operations effective from the date of the enactment of this Act through December 31, 1994.
Amends the CSA to authorize the Attorney General to bring a civil action against any person who violates drug paraphernalia provisions of such Act and to assess a civil penalty of up to $100,000 and grant other appropriate (including injunctive) relief.
Specifies that if a defendant is found by the court to be in possession of a controlled substance, thereby violating such defendant's probation, the court shall resentence such person to a sentence that includes a term of imprisonment (under current law, to not less than one-third of the original sentence).
Amends the CSIEA: (1) and the CSA to make penalties applicable to offenses involving less than 50 kilograms of marihuana applicable with respect to less than 50 kilograms of a mixture or substance containing a detectable amount of marihuana; and (2) to reduce from 100 to 50 the number of marihuana plants needed to qualify for specified penalties.
Adds certain drug offenses as requiring fingerprinting and records for recidivist juveniles under the CSA and CSIEA.
Amends the CSA and CSIEA to require that persons violating specified CSA provisions after two or more prior convictions for a felony drug offense have become final be sentenced to a mandatory term of life imprisonment without release and be fined under such Act.
Increases penalties for a second offense of distributing drugs to a minor.
Provides for life imprisonment without release for criminals convicted of a third felony drug offense, crime of violence, or combination thereof.
Increases prison sentences and bars release for individuals who: (1) sell illegal drugs to persons under age 18; and (2) employ persons under age 18 in drug trafficking activities.
Amends the CSA to expand the definition of "drug paraphernalia" (such as to include scales and balances designed for measuring, and containers intended for storing and concealing, controlled substances, and hypodermic syringes and needles).
Declares that it is Government policy that the use or distribution of illegal drugs in the nation's Federal prisons shall not be tolerated and that such crimes shall be prosecuted to the fullest extent of the law.
Amends the CSA to: (1) provide mandatory penalties for illegal drug use in Federal prisons; and (2) provide for enhanced penalties for drug distribution to pregnant women.
Amends the Assimilative Crimes Statute to require the imposition of a Federal penalty (if not already imposed by a State) of one year imprisonment and a $1,000 fine, or both, in addition to any term of imprisonment under State law, for driving under the influence of drugs or alcohol, if a minor (other than the offender) was present in the vehicle at the time of the offense.
Amends the common carrier provisions of the Federal criminal code to increase the penalty for operating a common carrier under the influence of drugs or alcohol if a minor (other than the offender) is present in the vehicle by up to one year's imprisonment (or if serious bodily injury of a minor is caused, five years; or if death of a minor is caused, ten years) and an additional $1,000 fine, or both.
Defines "minor" as a person less than 18 years of age.
Amends the CSA to: (1) provide penalties for the distribution of controlled substances in public housing authority facilities; (2) authorize the Attorney General to bring a civil action against violators of prohibitions against maintaining places for the manufacture, distribution, or use of controlled substances, (and the court to assess a civil penalty of up to $100,000 and grant such other relief, including injunctions and evictions, as appropriate); (3) increase penalties for drug dealing in "drug-free" zones; and (4) establish penalties for any physical trainer or adviser who persuades or induces an individual to possess or use anabolic steroids in violation of such Act.
Directs the Attorney General to implement a program of national awareness of specified provisions of law that condition portions of a State's Federal highway funding on such State's enactment of legislation requiring the revocation of the driver's licenses of convicted drug abusers.
Amends the Drug-Free Schools and Communities Act of 1986 to authorize the use of certain grant funds for drug abuse resistance education programs for local governments with the concurrence of local educational agencies (currently, limited to use for such agencies).
Amends the Federal criminal code to provide penalties for misuse of the words "Drug Enforcement Administration" or the initials "DEA".
Title XI: Public Corruption - Anti-Corruption Act of 1992 - Amends the Federal criminal code to prescribe criminal penalties to be imposed against anyone who uses any facility of, or affects, interstate or foreign commerce to deprive or defraud the inhabitants of a State or political subdivision of a State of: (1) the honest services of a government official or employee; or (2) a fair and impartially conducted election process through the use of fraudulent ballots or voter registration forms, paying or offering to pay any person for voting, or the filing of fraudulent campaign reports.
Prescribes criminal penalties to be imposed against anyone who deprives or defrauds the inhabitants of the United States of the honest services of a public official.
Prescribes criminal penalties to be imposed upon any official or person who has been selected to be a public official, in order to carry out or conceal any scheme or artifice to defraud, discriminate, harass, or take adverse action against any employee or official of the United States or any State or political subdivision. Authorizes such an adversely affected employee or official to obtain relief through a civil action, provided such person did not participate in the scheme or artifice.
Amends mail fraud provisions to prohibit the use of any facility of interstate or foreign commerce in the execution of a scheme or artifice to defraud.
Makes it a class B felony for: (1) a public official to corruptly demand, seek, receive, accept, or agree to receive or accept anything of value in return for being influenced in the performance or nonperformance of an official act, or to commit, aid in committing, collude in, or allow or make opportunity for the commission of any offense against the United States or any State; and (2) any person to corruptly give, or promise anything of value with intent to influence any official act, such official to commit, collude in, or allow or make opportunity for the commission of such offense, or such official to do or omit any act in violation of such official's lawful duty. Makes such provisions applicable with respect to any such offense which involves, is part of, or is intended to further or conceal the illegal possession, importation, manufacture, transportation, or distribution of any controlled substance or controlled substance analogue.
Title XII: General Provisions - Subtitle A: Violent Crimes - Amends the Federal criminal code to set penalties for specified robbery, kidnapping, smuggling, and property damage offenses.
Increases the maximum penalty for: (1) assaults against specified classes of individuals; (2) manslaughter; (3) interstate and foreign travel or transportation in aid of racketeering enterprises; and (4) conspiracy to commit murder for hire.
Establishes a mandatory sentence for the commission of a felony against an individual age 65 or older. Sets limitations on the discretion of the court with respect to authorizing probation, allowing the defendant to serve consecutive sentences, and accepting plea agreements.
Amends the Federal Rules of Criminal Procedure to: (1) preclude either the defendant or the court from waiving a presentence investigation and report unless there is sufficient information in the record for the court to determine whether a mandatory sentence must be imposed; (2) require such report to contain verified information as to whether any victim of the offense had attained age 65 on the date that the offense was committed; and (3) make an exception to the general rule authorizing plea bargain discussions in cases involving the commission of a felony against individuals age 65 and older.
Subtitle B: Civil Right Offenses - Increases the maximum penalty for certain civil rights violations, including damage to religious property.
Subtitle C: White Collar and Property Crimes - Establishes penalties for knowingly receiving the proceeds of: (1) a postal robbery; (2) extortion; and (3) a kidnapping.
Sets forth penalties for obstructing a proceeding made under the civil investigative demand provisions of: (1) the Racketeer Influenced and Corrupt Organizations statute; and (2) a specified Federal law relating to monetary transactions.
Makes violations of provisions with respect to continuing financial crimes enterprises and obstructing examination of a financial institution predicate offenses to the financial institutions reward statute.
Defines "savings and loan association" under bank robbery-related provisions of the Federal criminal code to mean: (1) any Federal or State savings association having accounts insured by the Federal Deposit Insurance Corporation; and (2) any corporation meeting specified requirements under the Federal Deposit Insurance Act, which is operating under U.S. law.
Makes it unlawful for a governmental entity, or a person acting in conjunction with such entity, to operate, sponsor, advertise, promote, license, or authorize a lottery sweepstakes, or other betting, gambling, or wagering scheme based, directly or indirectly, on one or more competitive games in which amateur or professional athletes participate, or intend to participate, or on one or more performances of such athletes in such games. Authorizes the commencement of a civil action in district court to enjoin violations.
Amends the Federal criminal code to impose criminal sanctions for copyright violations involving the reproduction or distribution, during any 180-day period, of specified numbers of copies infringing the copyright in one or more computer programs.
Amends the Federal Deposit Insurance Act to bar any exceptions from the ten-year ban on participation in specified activities with respect to insured depository institutions for individuals convicted of the following offenses: (1) obstructing examination of a financial institution; and (2) engaging in monetary transactions in property derived from specified unlawful activity.
Amends the Federal Credit Union Act to prohibit, except with the prior consent of the Federal Credit Union Board: (1) any person who has been convicted of a criminal offense involving dishonesty or a breach of trust (as under current law) or has agreed to enter into a pretrial diversion or similar program in connection with a prosecution for such offense, from participating, directly or indirectly, in the conduct of the affairs of any insured credit union (as under current law), or becoming or continuing as an institution-affiliated party with respect to any insured credit union; and (2) any insured credit union from permitting any such person from engaging in any such conduct or continuing in any such relationship. Establishes a minimum ten-year ban on such participation for specified offenses, with exceptions.
Amends the Crime Control Act of 1990 to encourage the Attorney General to submit a report to the Congress with respect to the financial institutions fraud task forces established under such Act as they relate to the collapse of private deposit insurance corporations.
Establishes penalties or subjects to lawsuits individuals who intentionally disclose the contents of certain wire, oral, or electronic communications knowing that the information was obtained through the interception of such a communication in connection with a criminal investigation, having obtained or received the information in connection with a criminal investigation, with intent to improperly interfere with a duly authorized criminal investigation. Exempts from the prohibition on the use as evidence of intercepted wire or oral communications the admission into evidence of the contents of such a communication, or evidence derived therefrom, which has been disclosed in violation of such provision.
Establishes penalties for: (1) the theft of major art works from museums; and (2) the exhibition or storage by a museum of any such stolen work.
Amends the Federal criminal code to: (1) delete the $250 cap on the maximum fine for the unauthorized wearing, manufacturing, or selling of military decorations or medals; and (2) include trades, barters, or exchanges for anything of value as sales.
Motor Vehicle Theft Prevention Act - Directs the Attorney General to develop a national voluntary motor vehicle theft prevention program under which: (1) the owner of a motor vehicle may voluntarily sign a consent form with a participating State or locality in which the motor vehicle owner states that the vehicle is normally operated under certain specified conditions and agrees to display program decals or devices on the owner's vehicle and permit law enforcement officials in any State to stop the vehicle and take reasonable steps to determine whether such vehicle is being operated by the owner or with the owner's permission, if the vehicle is being operated under such conditions; (2) participating States and localities authorize law enforcement officials in the State or locality to stop motor vehicles displaying program decals or devices under such conditions and take reasonable steps to determine whether the vehicle is being operated by or with the permission of the owner; and (3) Federal law enforcement officials are authorized to stop such vehicles under such conditions and make such determination.
Requires such program to include a uniform design or designs for decals or other devices to be displayed by motor vehicles participating in the program which shall: (1) be highly visible; and (2) explicitly state that the motor vehicle to which it is affixed may be stopped under the specified conditions without additional grounds for establishing a reasonable suspicion that the vehicle is being operated unlawfully.
Sets forth requirements with respect to the voluntary consent form. Directs the Attorney General to promulgate rules establishing the conditions under which participating motor vehicles may be authorized to be stopped under this Act, such as the operation of the vehicle during certain hours of the day or under circumstances which would provide a sufficient basis for establishing a reasonable suspicion that the vehicle was not being operated by, or with the consent of, the owner. Sets forth provisions with respect to the establishment of more than one set of conditions under which participating motor vehicles may be stopped. Requires the notification of lessees of motor vehicles for hire of participation in the program, as specified. Sets forth penalties for failure to comply with such notice provisions.
Authorizes a State or locality to participate in the program by filing an agreement to comply with the terms and conditions of the program with the Attorney General. Specifies that, as a condition of participation, a State or locality must agree to take reasonable steps to ensure that law enforcement officials throughout the State or locality are familiar with the program and with the conditions under which motor vehicles may be stopped under the program.
Authorizes appropriations.
Includes within the scope of a provision setting penalties for the removal of or tampering with an identification number for a motor vehicle or motor vehicle part the removal of or tampering with a decal or device affixed pursuant to this Act, with exceptions.
Sets forth penalties for the unauthorized application of a theft prevention decal or device, or a replica thereof.
Amends the Federal criminal code to provide that, wherever it is an element of an offense that property was stolen or counterfeited and that the defendant knew that the property was of such character, such element may be established by proof that the defendant, after or as a result of an official representation as to the nature of the property, believed the property to be stolen or counterfeited.
Includes within mail fraud provisions depositing specified matter to be sent by any private or commercial interstate carrier (current law applies only to matter sent by the Postal Service).
Establishes penalties for knowingly and with intent to defraud: (1) affecting transactions with one or more access devices (ADs) issued to another person to receive any thing of value aggregating $1,000 or more during any one-year period; (2) without the authorization of the issuer of the AD, soliciting a person for the purpose of offering, or selling information regarding or an application to obtain, an AD; or (3) without the authorization of the credit card system member or its agent, causing or arranging for another person to present to the member or its agent for payment evidence or records of transactions made by an AD.
Establishes penalties for persons engaged in the business of insurance whose activities affect commerce, who: (1) knowingly make a materially false statement or report or willfully overvalue land, property, or security in connection with reports or documents presented to an insurance regulatory official or agency, or to any agent or examiner (official) appointed to examine the affairs of such person for the purpose of influencing in any way the actions of such official; (2) embezzle or willfully misappropriate funds or property while acting as an officer, director, agent, or employee (officer) of such person; (3) knowingly make a false entry of material fact in any book, report, or statement of such person with intent to deceive any person about the financial condition or solvency of such business, or to deceive any officer of such person or any insurance regulatory official; and (4) by threats or force, corruptly influence, obstruct, or endeavor corruptly to influence or obstruct the proper administration of the law under which a proceeding (involving the business of insurance whose activities affect interstate commerce) is pending before an insurance regulatory official to examine the affairs of such person.
Authorizes the Attorney General to seek civil penalties and injunctions for violations of such provisions.
Sets forth penalties for obstructing criminal investigations with respect to the prosecution of cases of insurance fraud.
Increases penalties for trafficking in counterfeit goods and services.
Computer Abuse Amendments Act of 1992 - Amends the Computer Fraud and Abuse Act to make it a felony to knowingly transmit an unauthorized program or code that alters the information stored in a computer with the intent to damage the system or information contained within the affected computer or computer system, or to withhold or deny the use of such system or information, if the transmission: (1) occurred without the authorization of the person responsible for the computer system receiving the program; and (2) causes damage exceeding $1,000 in any one-year period or modifies or impairs the medical care of one or more individuals. Makes such offense punishable by a fine and up to five years in prison.
Sets forth parallel provisions with respect to recklessly transmitting a destructive computer program or code. Makes such offense a misdemeanor, punishable by a fine and imprisonment for up to one year.
Creates a civil cause of action for compensatory or injunctive relief for persons suffering damage or loss by virtue of a violation of this Act. Limits damages to economic damages, except for medical records violations. Sets a statute of limitation of two years from the date of the act complained of, or from the date of discovery of the damage.
Requires the Attorney General to report to the Congress annually during the first three years following the date of enactment of this Act concerning prosecution under this Act.
Repeals provisions which exclude automated typewriters and typesetters, portable hand held calculators, and similar devices from the definition of "computer."
Modifies the prohibition against accessing a Government computer where such conduct affects the use of the Government's operation of such computer to cover only actions that "adversely" affect such use.
Amends the FAA to direct the Administrator of the Federal Aviation Administration to issue regulations requiring employees and agents to report to appropriate Federal and State law enforcement officers incidents in which the employee or agent, in the course of conducting screening procedures, discovers a controlled substance, or an amount of cash in excess of $10,000, the possession of which may be a violation of Federal or State law.
Subtitle D: Sentencing and Procedure - Amends the Federal criminal code to: (1) require the court, in sentencing a defendant for a violation of probation or supervised release, to consider applicable guidelines or policy statements issued by the U.S. Sentencing Commission; and (2) permit the court, if a defendant violates a condition of probation, to resentence the defendant (Under current law, the court may impose any other sentence that was available at the time of the initial sentencing.)
Provides for the mandatory revocation of probation for possession of a controlled substance or firearm (currently, applies only to actual possession of a firearm). Requires the court, under such circumstances, to resentence the defendant to a sentence that includes a term of imprisonment. (Current law directs the court to impose any other sentence that was available at the time of the initial sentencing.)
Directs the court to require, as an explicit condition of probation or supervised release, that the defendant not unlawfully possess a controlled substance. (Current law specifies that the defendant not possess illegal controlled substances.)
Specifies that a defendant whose term of supervised release is revoked may not be required to serve more than five years in prison if the offense that resulted in the term of release is a class A felony, more than three years if such offense is a class B felony, more than two years for a class C or D felony, or more than one year in any other case. (Current law specifies only no more than three years for a class B felony or more than two years for a class C or D felony.)
Requires the court to revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum authorized if the defendant possesses a controlled substance in violation of a condition of supervised release, or possesses a firearm in violation of Federal law or otherwise violates a condition of supervised release prohibiting the defendant from possessing a firearm, or refuses to cooperate in drug testing imposed as a condition of supervised release. (Current law states that if the defendant is found to be in possession of a controlled substance, the court shall terminate the term of supervised release and require the defendant to serve in prison not less than one-third of the term of release.) Provides that: (1) when a term of supervised release is revoked and the defendant is required to serve a term of imprisonment less than the maximum authorized, the court may require that the defendant be placed on a term of supervised release after imprisonment (for a length of time not to exceed the term of release authorized by statute for the offense that resulted in the original term of supervised release, less any term of imprisonment imposed upon revocation of such release); and (2) the power of the court to revoke a term of supervised release for violation of a condition of such release and to order the defendant to serve a term of imprisonment and a further term of such release extends beyond the expiration of the term of such release for any period reasonably necessary for the adjudication of matters arising before its expiration, subject to specified conditions.
Amends the Federal criminal code to: (1) authorize probation for a petty offense if the defendant has been sentenced to a term of imprisonment at the same time for another such offense; (2) provide for trial by a magistrate in petty offense cases; (3) authorize a magistrate who has sentenced a person to a term of supervised release in a misdemeanor case to revoke or modify the term or conditions of such release; and (4) permit supervised release for juvenile offenders, subject to specified conditions.
Permits a U.S. attorney to request an order requiring an individual to give testimony or provide other information which such individual refuses to give or provide based on the privilege against self-incrimination under specified circumstances with the approval of an officer or employee of the Criminal Division of DOJ designated by the Attorney General (currently, only with the approval of specified officials).
Amends the Federal judicial code to authorize a voting member of the Sentencing Commission whose term has expired to continue to serve until the earlier of the date on which: (1) a successor has taken office; or (2) the Congress adjourns sine die to end the session of Congress that commences after the date on which the member's term expired.
Subtitle E: Immigration-Related Offenses - Establishes civil penalties for: (1) inducing an alien to commit an aggravated felony; and (2) the commission of an aggravated felony by an alien. Directs the court to consider the severity of the offense sought or committed by the offender as a circumstance in aggravation.
Sets forth provisions with respect to enforcement of such provision. Establishes in the Treasury the Criminal Alien Identification and Removal Fund. Specifies that: (1) 90 percent of the monies in the Fund in a fiscal year may be used by the Attorney General to assist the Immigration and Naturalization Service (INS) to identify, investigate, detain, and deport aliens who have committed an aggravated felony and to fund specified additional immigration judge positions; and (2) ten percent of such monies may be distributed as grants to the States by the Attorney General to assist the States in implementing or expanding specified immigration-related provisions of the Omnibus Act.
Amends the Immigration and Nationality Act to provide for the deportation of aliens convicted of operating a motor vehicle while under the influence of, or impaired by, alcohol or a controlled substance arising in connection with a fatal traffic accident or traffic accident resulting in serious bodily injury to an innocent party.
Subtitle F: United States Marshals - United States Marshals Association Establishment Act - Establishes the United States Marshals Association as a charitable, nonprofit corporation to strengthen public knowledge of law enforcement and of the U.S. Marshals Service, to promote the exchange of information among private and public institutions and individuals about, and research of, law enforcement and justice systems issues, and to promote an effective justice system and the general welfare of law enforcement.
Authorizes the Director of the U.S. Marshals Service to provide personnel, facilities, and other administrative services to the Association and to accept voluntary services of the Association.
Specifies that no part of the income or assets of the Association shall inure to any member or officer of the Association or Director of the Board or be distributed to any such person, with exceptions for reasonable compensation or reimbursement for actual necessary expenses. Bars the Association from making loans to any Director or officer or employee of the Association, or from issuing stock or declaring or paying dividends.
Specifies that the Association and any agent of the Association shall be considered an employer for purposes of title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990 if the Association is engaged in an industry affecting commerce and meets the minimum employee requirements set forth in such Acts. Makes it unlawful for the Association, on the basis of race, color, religion, sex, national origin, age, or disability, to: (1) fail or refuse to accept an individual into membership; (2) expel such individual from membership; (3) suspend such individual's membership; or (4) discriminate against such individual with respect to any of the benefits or obligations of membership. Authorizes: (1) a right of action to enforce such prohibition; and (2) the court to grant injunctive or other equitable relief.
Authorizes the Association to acquire the assets of the United States Marshals Association, a nonprofit organization organized under the laws of the State of Virginia before the enactment of this Act.
Subtitle G: Other Provisions - Designates the venue for espionage and related offenses as the District of Columbia or any other district authorized by law.
Defines "livestock" (under the Federal criminal code) to mean any domestic animals raised for home use, consumption, or profit.
Amends the Federal judicial code to: (1) authorize court for the Eastern District of Pennsylvania to be held in Lancaster, Pennsylvania; and (2) provide for the reimbursement of attorney's fees for current and former DOJ employees who were the subject of a criminal or disciplinary investigation related to such employee's discharge of official duties, where the investigation resulted in neither disciplinary action nor criminal indictment against such employee (but permits the Attorney General to make an inquiry into the reasonableness of the sum requested, based on specified guidelines).
Authorizes appropriations for the construction of a U.S. Attorney's Office in Philadelphia, Pennsylvania.
Requires each clerk of a Federal or State criminal court to: (1) report to the IRS the name and taxpayer identification number of any individual charged with a criminal offense who posts cash bail, or on whose behalf cash bail is posted, in an amount exceeding $10,000, and any individual or entity (other than a licensed bail bonding individual or entity) posting such cash bail for or on behalf of such individual; and (2) submit a copy of each such report to the offices of the U.S. Attorney and the local prosecuting attorney.
Amends the Federal judicial code to require the Attorney General to: (1) mandate that any State or local LEA receiving funds from the DOJ Assets Forfeiture Fund conduct an annual audit and report the results of the audit to the Attorney General; (2) include all such audit reports within the Attorney General's report to the Congress; and (3) report for each fiscal year a description of the administrative and contracting expenses paid from the Fund.
Amends the Omnibus Act to authorize the use of drug control and system improvement grants to develop or improve in a forensic laboratory a capability to analyze DNA for identification purposes. Requires State applications for grant funds to certify, if any part of such grant is to be used to develop or improve a DNA analysis capability in a forensic laboratory, that: (1) DNA analyses performed at such laboratory will satisfy or exceed then current standards for a quality assurance program for DNA analysis issued by the Director of the FBI; (2) DNA samples obtained by, and DNA analyses performed at, such laboratory will be accessible only to criminal justice agencies for law enforcement identification purposes, to a defendant for criminal defense purposes, who shall have access to samples and analyses in connection with the case in which the defendant is charged, and to others, if identifiable information is removed, for a population statistics database, for identification research and protocol development purposes, or for quality control purposes; and (3) such laboratory and each analyst performing DNA analyses at such laboratory will undergo, at regular intervals of not to exceed 180 days, external proficiency testing by a DNA proficiency testing program meeting the standards issued under this subtitle. Authorizes appropriations.
Requires the Director of the FBI: (1) within 180 days, to appoint an advisory board on DNA quality assurance methods (and appoint members of the board from among nominations proposed by the head of the National Academy of Sciences and professional societies of criminal laboratory directors) to develop, and if appropriate, periodically revise, recommended standards for quality assurance, including standards for testing the proficiency of forensic laboratories in conducting such analyses. Mandates that such standards: (1) specify criteria for quality assurance and proficiency tests to be applied to the various types of DNA analyses used by forensic laboratories; and (2) include a system for grading proficiency testing performance to determine whether a laboratory is performing acceptably.
Authorizes the Director of the FBI to establish an index of DNA identification records of persons convicted of crimes, analyses of DNA samples recovered from crime scenes, and analyses of DNA samples recovered from unidentified human remains. Specifies that such index shall include only information on DNA identification records and analyses that are: (1) based on analyses performed in accordance with publicly available standards that satisfy or exceed specified guidelines for the quality assurance program for DNA analysis; (2) prepared by labs and DNA analysts that undergo regular external proficiency testing; and (3) maintained by Federal, State, and local criminal justice agencies pursuant to rules that restrict disclosure of stored DNA samples and analyses.
Makes the exchange of DNA identification records subject to cancellation if the quality control and privacy requirements of this subtitle are not met.
Requires: (1) FBI personnel who perform DNA analyses to undergo, at regular intervals of not exceeding 180 days, external proficiency testing by a DNA proficiency testing program meeting the standards issued pursuant to this Act; and (2) the Director of the FBI to submit an annual report on the results of such tests to House and Senate Judicial Committees for five years after the enactment of this Act and arrange for periodic blind external tests to determine the proficiency of DNA analysis performed at the FBI laboratory within one year.
Restricts disclosure of DNA tests performed for a Federal LEA to: (1) criminal justice agencies for law enforcement identification purposes; or (2) for criminal defense purposes, a defendant, who shall have access to samples and analyses performed in connection with the case in which the defendant is charged. Authorizes disclosure of test results for a population statistics database, for identification research and protocol development purposes, or for quality control purposes if personally identifiable information is removed. Sets fines of up to $100,000 for individuals: (1) having access to individually identifiable DNA information indexed in a database created or maintained by a Federal LEA by virtue of employment or official position who willfully disclose such information to any person or agency not entitled to receive it; and (2) who, without authorization, willfully obtain DNA samples or such individually identifiable DNA information. Authorizes appropriations. Amends the Omnibus Act to: (1) authorize the Director of the BJA to make grants to local educational agencies to provide assistance to such agencies most directly affected by crime and violence; and (2) require the Director to develop a written safe schools model (in English and in Spanish) in a timely fashion and make such model available to any such agency that requests such information.
Earmarks such grants: (1) to fund anticrime and safety measures, and to develop education and training programs for the prevention of crime, violence, illegal drugs, and alcohol; and (2) for counseling programs for victims of crime within schools, crime prevention equipment, and the prevention and reduction of youth participation in organized crime and drug- and gang-related activities in schools.
Sets forth application requirements, provisions with respect to limits on administrative costs and grant renewal, factors in the Director's consideration in awarding grants, and reporting requirements. Authorizes appropriations.
Title XIII: Technical Corrections - Makes technical corrections to the Omnibus Act, CSA, Federal criminal code, and other statutes.
Title XIV: Federal Law Enforcement Agencies - Federal Law Enforcement Act of 1992 - Authorizes appropriations for the Drug Enforcement Agency, FBI, INS, U.S. attorneys, U.S. marshals, the Bureau of Alcohol, Tobacco, and Firearms, U.S. courts, and defender services.
Title XV: Federal Prisons - Authorizes appropriations for new prison construction.
Introduced in Senate
Read twice and referred to the Committee on Judiciary.
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