§ 20102. Crime victim compensation

Footnotes

1. 1 So in original. The comma probably should not appear.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1984

   Victims of Crime Act of 1984

   Pub. L. 98–473 title II § 1403 · 98 Stat. 1837

   Enacted · 34 U.S.C. § 20102

   Pub. L. 98–473, title II, § 1403, Oct. 12, 1984, 98 Stat. 2171

   Source evidence

   Code source credit
   Pub. L. 98–473, title II, § 1403, Oct. 12, 1984, 98 Stat. 2171

   Enacted provision · exact public law section
   Sec. 1403. crime victim compensation (a) (1) Except as provided in paragraph (2), the Attorney Grants. 42 USC 10602. General shall make an annual grant from the Fund to an eligible crime victim compensation program of 35 percent of the amounts awarded during the preceding fiscal year, other than amounts awarded for property damage. A grant under this section shall be used by such program only for awards of compensation. (2) If the sums available in the Fund for grants under this section are insufficient to provide grants of 35 percent as provided in paragraph (1), the Attorney General shall make, from the sums available, a grant to each eligible crime victim compensation program so that all such programs receive the same percentage of the amounts awarded by such program during the preceding fiscal year, other than amounts awarded for property damage. (b) A crime victim compensation program is an eligible crime victim compensation program for the purposes of this section if— (1) such program is operated by a State and offers compensation to victims of crime and survivors of victims of crime for— (A) medical expenses attributable to a physical injury resulting from compensable crime, including expenses for mental health counseling and care; (B) loss of wages attributable to a physical injury resulting from a compensable crime; and (C) funeral expenses attributable to a death resulting from a compensable crime; (2) such program promotes victim cooperation with the reasonable requests of law enforcement authorities; (3) such State certifies that grants received under this section will not be used to supplant State funds otherwise available to provide crime victim compensation; (4) such program, as to compensable crimes occurring within the State, makes compensation awards to victims who are nonresidents of the State on the basis of the same criteria used to make awards to victims who are residents of such State; (5) such program provides compensation to victims of crimes occurring within such State that would be compensable crimes, but for the fact that such crimes are subject to Federal jurisdiction, on the same basis that such program provides compensation to victims of compensable crimes; and (6) such program provides such Other information and assurances related to the purposes of this section as the Attorney General may reasonably require. (c) A State crime victim compensation program in effect on the date grants may first be made under this section shall be deemed an eligible crime victim compensation program for the purposes of this section until the day after the close of the first regular session of the legislature of that State that begins after such date. (d) As used in this section— (1) the term “property damage” does not include damage to prosthetic devices or dental devices; (2) the term “medical expenses” includes, to the extent provided under the eligible crime victim compensation program, expenses for dental services and devices and prosthetic devices and for services rendered in accordance with a method of healing recognized by the law of the State; (3) the term “compensable crime” means a crime the victims of which are eligible for compensation under the eligible crime victim compensation program; and (4) the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and any other possession or territory of the United States.

2. 1988

   National Commission on Measured Responses to Achieve a Drug-Free America by 1995 Authorization Act

   Pub. L. 100–690 title VII · 102 Stat. 4181

   1. Substituted · 34 U.S.C. § 20102(a)

      Pub. L. 100–690, §§ 7123(b)(1), (2), 7125(b), substituted “Director” for “Attorney General” in pars. (1) and (2)

   2. Substituted · 34 U.S.C. § 20102(a)

      Pub. L. 100–690, §§ 7123(b)(1), (2), 7125(b), substituted “40 percent” for “35 percent” in pars. (1) and (2)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 100–690, §§ 7123(b)(1), (2), 7125(b), substituted “Director” for “Attorney General” and “40 percent” for “35 percent” in pars. (1) and (2).

   Enacted provision · exact public law
   TITLE VII— DEATH PENALTY AND OTHER CRIMINAL AND LAW ENFORCEMENT MATTERS SEC. 7000. TABLE OF CONTENTS. Subtitle A. Death penalty Subtitle B. Minor and technical criminal law amendments Subtitle C. Sentencing amendments Subtitle D. Victim compensation and assistance Subtitle E. Federal Aviation Administration drug enforcement assistance Subtitle F. Juvenile justice and delinquency prevention Subtitle G. Provisions relating to prisons, probation, parole, and supervised release Subtitle H. Provisions relating to courts Subtitle I. Provisions relating to the Federal Bureau of Investigation Subtitle J. Provisions relating to the deportation of aliens who commit aggravated felonies Subtitle K. United States Customs Service Subtitle L. Coast Guard drug law enforcement Subtitle M. Interpol provisions Subtitle N. Child Pornography and Obscenity Subtitle O. Miscellaneous Subtitle A— Death Penalty SEC. 7001. DEATH PENALTY FOR DRUG-RELATED KILLINGS. (a) Elements of Offense.— Section 408 of the Controlled Substances Act (21 U.S.C. 848) is amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following: “Death Penalty “(e) (1) In addition to the other penalties set forth in this section— “(A) any person engaging in or working in furtherance of a continuing criminal enterprise, or any person engaging in an offense punishable under section 841(b)(1)(A) or section 960(b)(1) who intentionally kills or counsels, commands, induces, procures, or causes the intentional killing of an individual and such killing results, shall be sentenced to any term of imprisonment, which shall not be less than 20 years, and which may be up to life imprisonment, or may be sentenced to death; and “(B) any person, during the commission of, in furtherance of, or while attempting to avoid apprehension, prosecution or service of a prison sentence for, a felony violation of this title or title III who intentionally kills or counsels, commands, induces, procures, or causes the intentional killing of any Federal, State, or local law enforcement officer engaged in, or on account of, the performance of such officer’s official duties and such killing results, shall be sentenced to any term of imprisonment, which shall not be less than 20 years, and which may be up to life imprisonment, or may be sentenced to death. “(2) As used in paragraph (1)(b), the term ‘law enforcement officer’ means a public servant authorized by law or by a Government agency or Congress to conduct or engage in the prevention, investigation, prosecution or adjudication of an offense, and includes those engaged in corrections, probation, or parole functions.”. (b) Procedure Applicable With Respect to the Death Penalty.— Section 408 of the Controlled Substances Act (21 U.S.C. 848) is amended by adding at the end the following: “Hearing Required with Respect to the Death Penalty “(g) A person shall be subjected to the penalty of death for any offense under this section only if a hearing is held in accordance with this section. “Notice by the Government in Death Penalty Cases “(h) (1) Whenever the Government intends to seek the death penalty for an offense under this section for which one of the sentences provided is death, the attorney for the Government, a reasonable time before trial or acceptance by the court of a plea of guilty, shall sign and file with the court, and serve upon the defendant, a notice— “(A) that the Government in the event of conviction will seek the sentence of death; and “(B) setting forth the aggravating factors enumerated in subsection (n) and any other aggravating factors which the Government will seek to prove as the basis for the death penalty. “(2) The court may permit the attorney for the Government to amend this notice for good cause shown. “Hearing Before Court or Jury “(i) (1) When the attorney for the Government has filed a notice as required under subsection (h) and the defendant is found guilty of or pleads guilty to ah offense under subsection (e), the judge who presided at the trial or before whom the guilty plea was entered, or any other judge if the judge who presided at the trial or before whom the guilty plea was entered is unavailable, shall conduct a separate sentencing hearing to determine the punishment to be imposed. The hearing shall be conducted— “(A) before the jury which determined the defendant’s guilt; “(B) before a jury impaneled for the purpose of the hearing if— “(i) the defendant was convicted upon a plea of guilty; “(ii) the defendant was convicted after a trial before the court sitting without a jury; “(iii) the jury which determined the defendant’s guilt has been discharged for good cause; or “(iv) after initial imposition of a sentence under this section, redetermination of the sentence under this section is necessary; or “(C) before the court alone, upon the motion of the defendant and with the approval of the Government. “(2) A jury impaneled under paragraph (1)(B) shall consist of 12 members, unless, at any time before the conclusion of the hearing, the parties stipulate with the approval of the court that it shall consist of any number less than 12. “Proof of Aggravating and Mitigating Factors “(j) Notwithstanding rule 32(c) of the Federal Rules of Criminal Procedure, when a defendant is found guilty of or pleads guilty to an offense under subsection (e), no presentence report shall be prepared. In the sentencing hearing, information may be presented as to matters relating to any of the aggravating or mitigating factors set forth in subsections (m) and (n), or any other mitigating factor or any other aggravating factor for which notice has been provided under subsection (h)(1)(B). Where information is presented relating to any of the aggravating factors set forth in subsection (n), information may be presented relating to any other aggravating factor for which notice has been provided under subsection (h)(1)(B). Information presented may include the trial transcript and exhibits if the hearing is held before a jury or judge not present during the trial, or at the trial judge’s discretion. Any other information relevant to such mitigating or aggravating factors may be presented by either the Government or the defendant, regardless of its admissibility under the rules governing admission of evidence at criminal trials, except that information may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury. The Government and the defendant shall be permitted to rebut any information received at the hearing and shall be given fair opportunity to present argument as to the adequacy of the information to establish the existence of any of the aggravating or mitigating factors and as to appropriateness in that case of imposing a sentence of death. The Government shall open the argument. The defendant shall be permitted to reply. The Government shall then be permitted to reply in rebuttal. The burden of establishing the existence of any aggravating factor is on the Government, and is not satisfied unless established beyond a reasonable doubt. The burden of establishing the existence of any mitigating factor is on the defendant, and is not satisfied unless established by a preponderance of the evidence. “Return of Findings “(k) The jury, or if there is no jury, the court, shall consider all the information received during the hearing. It shall return special findings identifying any aggravating factors set forth in subsection (n), found to exist If one of the aggravating factors set forth in subsection (n)(1) and another of the aggravating factors set forth in paragraphs (2) through (12) of subsection (n) is found to exist, a special finding identifying any other aggravating factor for which notice has been provided under subsection (h)(1)(B), may be returned. A finding with respect to a mitigating factor may be made by one or more of the members of the jury, and any member of the jury who finds the existence of a mitigating factor may consider such a factor established for purposes of this subsection, regardless of the number of jurors who concur that the factor has been established. A finding with respect to any aggravating factor must be unanimous. If an aggravating factor set forth in subsection (n)(1) is not found to exist or an aggravating factor set forth in subsection (n)(1) is found to exist but no other aggravating factor set forth in subsection (n) is found to exist, the court shall impose a sentence, other than death, authorized by law. If an aggravating factor set forth in subsection (n)(1) and one or more of the other aggravating factors set forth in subsection (n) are found to exist, the jury, or if there is no jury, the court, shall then consider whether the aggravating factors found to exist sufficiently outweigh any mitigating factor or factors found to exist, or in the absence of mitigating factors, whether the aggravating factors are themselves sufficient to justify a sentence of death. Based upon this consideration, the jury by unanimous vote, or if there is no jury, the court, shall recommend that a sentence of death shall be imposed rather than a sentence of life imprisonment without possibility of release or some other lesser sentence. The jury or the court, regardless of its findings with respect to aggravating and mitigating factors, is never required to impose a death sentence and the jury shall be so instructed. “Imposition of Sentence “(l) Upon the recommendation that the sentence of death be imposed, the court shall sentence the defendant to death. Otherwise the court shall impose a sentence, other than death, authorized by law. A sentence of death shall not be carried out upon a person who is under 18 years of age at the time the crime was committed. A sentence of death shall not be carried out upon a person who is mentally retarded. A sentence of death shall not be carried out upon a person who, as a result of mental disability— “(1) cannot understand the nature of the pending proceedings, what such person was tried for, the reason for the punishment, or the nature of the punishment; or “(2) lacks the capacity to recognize or understand facts which would make the punishment unjust or unlawful, or lacks the ability to convey such information to counsel or to the court. “Mitigating Factors “(m) In determining whether a sentence of death is to be imposed on a defendant, the finder of fact shall consider mitigating factors, including the following: “(1) The defendant’s capacity to appreciate the wrongfulness of the defendant’s conduct or to conform conduct to the requirements of law was significantly impaired, regardless of whether the capacity was so impaired as to constitute a defense to the charge. “(2) The defendant was under unusual and substantial duress, regardless of whether the duress was of such a degree as to constitute a defense to the charge. “(3) The defendant is punishable as a principal (as defined in section 2 of title 18 of the United States Code) in the offense, which was committed by another, but the defendant’s participa-tion was relatively minor, regardless of whether the participation was so minor as to constitute a defense to the charge. “(4) The defendant could not reasonably have foreseen that the defendant’s conduct in the course of the commission of murder, or other offense resulting in death for which the defendant was convicted, would cause, or would create a grave risk of causing, death to any person. “(5) The defendant was youthful, although not under the age of 18. “(6) The defendant did not have a significant prior criminal record. “(7) The defendant committed the offense under severe mental or emotional disturbance. “(8) Another defendant or defendants, equally culpable in the crime, will not be punished by death. “(9) The victim consented to the criminal conduct that resulted in the victim’s death. “(10) That other factors in the defendant’s background or character mitigate against imposition of the death sentence. “Aggravating Factors for Homicide “(n) If the defendant is found guilty of or pleads guilty to an offense under subsection (e), the following aggravating factors are the only aggravating factors that shall be considered, unless notice of additional aggravating factors is provided under subsection (h)(1)(B): “(1) The defendant— “(A) intentionally killed the victim; “(B) intentionally inflicted serious bodily injury which resulted in the death of the victim; “(C) intentionally engaged in conduct intending that the victim be killed or that lethal force be employed against the victim, which resulted in the death of the victim; “(D) intentionally engaged in conduct which— “(i) the defendant knew would create a grave risk of death to a person, other than one of the participants in the offense; and “(ii) resulted in the death of the victim. “(2) The defendant has been convicted of another Federal offense, or a State offense resulting in the death of a person, for which a sentence of life imprisonment or a sentence of death was authorized by statute. “(3) The defendant has previously been convicted of two or more State or Federal offenses punishable by a term of imprisonment of more than one year, committed on different occasions, involving the infliction of, or attempted infliction of, serious bodily injury upon another person. “(4) The defendant has previously been convicted of two or more State or Federal offenses punishable by a term of imprisonment of more than one year, committed on different occasions, involving the distribution of a controlled substance. “(5) In the commission of the offense or in escaping apprehension for a violation of subsection (e), the defendant knowingly created a grave risk of death to one or more persons in addition to the victims of the offense. “(6) The defendant procured the commission of the offense by payment, or promise of payment, of anything of pecuniary value. “(7) The defendant committed the offense as consideration for the receipt, or in the expectation of the receipt, of anything of pecuniary value. “(8) The defendant committed the offense after substantial planning and premeditation. “(9) The victim was particularly vulnerable due to old age, youth, or infirmity. “(10) The defendant had previously been convicted of violating this title or title III for which a sentence of five or more years may be imposed or had previously been convicted of engaging in a continuing criminal enterprise. “(11) The violation of this title in relation to which the conduct described in subsection (e) occurred was a violation of section 405. “(12) The defendant committed the offense in an especially heinous, cruel, or depraved manner in that it involved torture or serious physical abuse to the victim. “Right of the Defendant to Justice Without Discrimination “(o) (1) In any hearing held before a jury under this section, the court shall instruct the jury that in its consideration of whether the sentence of death is justified it shall not consider the race, color, religious beliefs, national origin, or sex of the defendant or the victim, and that the jury is not to recommend a sentence of death unless it has concluded that it would recommend a sentence of death for the crime in question no matter what the race, color, religious beliefs, national origin, or sex of the defendant, or the victim, may be. The jury shall return to the court a certificate signed by each juror that consideration of the race, color, religious beliefs, national origin, or sex of the defendant or the victim was not involved in reaching his or her individual decision, and that the individual juror would have made the same recommendation regarding a sentence for the crime in question no matter what the race, color, religious beliefs, national origin, or sex of the defendant, or the victim, may be. “(2) Not later than one year from the date of enactment of the Anti-Drug Abuse Amendments Act of 1988, the Comptroller General shall conduct a study of the various procedures used by the several States for determining whether or not to impose the death penalty in particular cases, and shall report to the Congress on whether or not any or all of the various procedures create a significant risk that the race of a defendant, or the race of a victim against whom a crime was committed, influence the likelihood that defendants in those States will be sentenced to death. In conducting the study required by this paragraph, the General Accounting Office shall— “(A) use ordinary methods of statistical analysis, including methods comparable to those ruled admissible by the courts in race discrimination cases under title VII of the Civil Rights Act of 1964; “(B) study only crimes occurring after January 1, 1976; and “(C) determine what, if any, other factors, including any relation between any aggravating or mitigating factors and the race of the victim or the defendant, may account for any evidence that the race of the defendant, or the race of the victim, influences the likelihood that defendants will be sentenced to death. In addition, the General Accounting Office shall examine separately and include in the report, death penalty cases involving crimes similar to those covered under this section. “Sentencing in Capital Cases in Which Death Penalty is not Sought or Imposed “(p) If a person is convicted for an offense under subsection (e) and the court does not impose the penalty of death, the court may impose a sentence of life imprisonment without the possibility of parole. “Appeal in Capital Cases; Counsel for Financially Unable Defendants “(q) (1) In any case in which the sentence of death is imposed under this section, the sentence of death shall be subject to review by the court of appeals upon appeal by the defendant. Notice of appeal must be filed within the time prescribed for appeal of judgment in section 2107 of title 28, United States Code. An appeal under this section may be consolidated with an appeal of the judgment of conviction. Such review shall have priority over all other cases. “(2) On review of the sentence, the court of appeals shall consider the record, the evidence submitted during the trial, the information submitted during the sentencing hearing, the procedures employed in the sentencing hearing, and the special findings returned under this section. “(3) The court shall affirm the sentence if it determines that— “(A) the sentence of death was not imposed under the influence of passion, prejudice, or any other arbitrary factor; and “(B) the information supports the special finding of the existence of every aggravating factor upon which the sentence was based, together with, or the failure to find, any mitigating factors as set forth or allowed in this section. In all other cases the court shall remand the case for reconsideration under this section. The court of appeals shall state in writing the reasons for its disposition of the review of the sentence. “(4) (A) Notwithstanding any other provision of law to the contrary, in every criminal action in which a defendant is charged with a crime which may be punishable by death, a defendant who is or becomes financially unable to obtain adequate representation or investigative, expert, or other reasonably necessary services at any time either— “(i) before judgment; or “(ii) after the entry of a judgment imposing a sentence of death but before the execution of that judgment; shall be entitled to the appointment of one or more attorneys and the furnishing of such other services in accordance with paragraphs (5), (6), (7), (8), and (9). “(B) In any post conviction proceeding under section 2254 or 2255 of title 28, United States Code, seeking to vacate or set aside a death sentence, any defendant who is or becomes financially unable to obtain adequate representation or investigative, expert, or other reasonably necessary services shall be entitled to the appointment of one or more attorneys and the furnishing of such other services in accordance with paragraphs (5), (6), (7), (8), and (9). “(5) If the appointment is made before judgment, at least one attorney so appointed must have been admitted to practice in the court in which the prosecution is to be tried for not less than five years, and must have had not less than three years experience in the actual trial of felony prosecutions in that court. “(6) If the appointment is made after judgment, at least one attorney so appointed must have been admitted to practice in the court of appeals for not less than five years, and must have had not less than three years experience in the handling of appeals in that court in felony cases. “(7) With respect to paragraphs (5) and (6), the court, for good cause, may appoint another attorney whose background, knowledge, or experience would otherwise enable him or her to properly represent the defendant, with due consideration to the seriousness of the possible penalty and to the unique and complex nature of the litigation. “(8) Unless replaced by similarly qualified counsel upon the attorney’s own motion or upon motion of the defendant, each attorney so appointed shall represent the defendant throughout every subsequent stage of available judicial proceedings, including pretrial proceedings, trial, sentencing, motions for new trial, appeals, applications, for writ of certiorari to the Supreme Court of the United States, and all available post-conviction process, together with applications for stays of execution and other appropriate motions and procedures, and shall also represent the defendant in such competency proceedings and proceedings for executive or other clemency as may be available to the defendant. “(9) Upon a finding in ex parte proceedings that investigative, expert or other services are reasonably necessary for the representation of the defendant, whether in connection with issues relating to guilt or sentence, the court shall authorize the defendant’s attorneys to obtain such services on behalf of the defendant and shall order the payment of fees and expenses therefore, under paragraph (10). Upon a finding that timely procurement of such services could not practicably await prior authorization, the court may authorize the provision of and payment for such services nunc pro tunc. “(10) Notwithstanding the rates and maximum limits generally applicable to criminal cases and any other provision of law to the contrary, the court shall fix the compensation to be paid to attorneys appointed under this subsection and the fees and expenses to be paid for investigative, expert, and other reasonably necessary services authorized under paragraph (9), at such rates or amounts as the court determines to be reasonably necessary to carry out the requirements of paragraphs (4) through (9). “Refusal to Participate by State and Federal Correctional Employees “(r) No employee of any State department of corrections or the Federal Bureau of Prisons and no employee providing services to that department or bureau under contract shall be required, as a condition of that employment, or contractual obligation to be in attendance at or to participate in any execution carried out under this section if such participation is contrary to the moral or religious convictions of the employee. For purposes of this subsection, the term ‘participation in executions’ includes personal preparation of the condemned individual and the apparatus used for execution and supervision of the activities of other personnel in carrying out such activities.”. SEC. 7002. GAO STUDY OF THE COST OF EXECUTIONS. (a) Study.— No later than three years after the date of the enactment of this Act, the Comptroller General shall carry out a study to review the cost of implementing the procedures for imposing and carrying out a death sentence prescribed by this title. (b) Specific Requirement.— Such study shall consider, but not be limited to, information concerning impact on workload of the Federal prosecutors and judiciary and law enforcement necessary to obtain capital sentences and executions under this Act. (c) Submission of Report.— Not later than four years after date of the enactment of this Act, the Comptroller General shall submit to Congress a report describing the results of the study. Subtitle B— Minor and Technical Criminal Law Amendments SEC. 7011. SHORT TITLE. This subtitle may be cited as the “Minor and Technical Criminal Law Amendments Act of 1988”. SEC. 7012. CORRECTION OF CROSS REFERENCE. Section 38 of the Criminal Law and Procedure Technical Amendments Act of 1986 is amended by striking “section 23” and inserting 18 USC 18. “section 34”. SEC. 7013. CORRECTION OF ERRONEOUS REFERENCE. Section 50(a) of the Criminal Law and Procedure Technical Amendments Act of 1986 is amended by striking “1961(a)” and 18 USC 1961. inserting “1961(l)”. SEC. 7014. CORRECTION OF MISPRINT. Section 58(g) of the Criminal Law and Procedure Technical Amendments Act of 1986 is amended by striking “Section 3147 18 USC 3147. Amendments.—Section 3147 of title” and inserting “Repeal.—(1) Title”. SEC. 7015. CORRECTION OF TYPOGRAPHICAL ERROR IN SECTION 31. Section 31 of title 18, United States Code, is amended by striking “door in opened” and inserting “door is opened”. SEC. 7016. CORRECTION OF TYPOGRAPHICAL ERROR IN SECTION 32. Section 32(a)(3) of title 18, United States Code, is amended by striking “intefering” and inserting “interfering”. SEC. 7017. CORRECTION OF TYPOGRAPHICAL ERROR IN SECTION 152. The third paragraph of section 152 of title 18, United States Code is amended by striking “penalty or perjury” and inserting “penalty of perjury”. SEC. 7018. CONSPIRACY AGAINST CIVIL RIGHTS. (a) In General.— Section 241 of title 18, United States Code, is amended by striking “citizen” and inserting “inhabitant of any State, Territory, or District”. (b) Conforming Amendments.— (1) The heading for section 241 of title 18, United States Code, is amended by striking “of citizens”. (2) The item relating to section 241 in the table of sections at the beginning of chapter 13 of title 18, United States Code, is amended by striking “of citizens”. SEC. 7019. DEPRIVATION OF CIVIL RIGHTS. Section 242 of title 18, United States Code, is amended by inserting “and if bodily injury results shall be fined under this title or imprisoned not more than ten years, or both;” after “both;”. SEC. 7020. DESIGNATION OF ADDITIONAL HIGH LEVEL OFFICIALS OF THE DEPARTMENT OF JUSTICE TO PERFORM CERTAIN FUNCTIONS RELATING TO CRIMINAL AND ANCILLARY PROCEEDINGS. (a) Approval of Certain Civil Rights Prosecutions.— Section 245(a)(1) of title 18, United States Code, is amended— (1) by striking “or the Deputy” and inserting “, the Deputy”; (2) by inserting “, the Associate Attorney General, or any Assistant Attorney General specially designated by the Attorney General” after “Deputy Attorney General”. (b) Approval of Prosecutions for Flight To Avoid Service of Process and Related Proceedings.— Section 1073 of title 18, United States Code, is amended by inserting “, the Deputy Attorney General, the Associate Attorney General,” after “the Attorney General”. (c) Definition of “Attorney General” for Purposes of Certain Racketeering Proceedings.— Section 1961(10) of title 18, United States Code, is amended by inserting “the Associate Attorney General of the United States,” after “Deputy Attorney General of the United States,”. (d) Summoning of Special Grand Juries.— Section 3331(a) of title 18, United States Code, is amended by inserting “, the Associate Attorney General” after “Deputy Attorney General”. (e) Requesting Judicial Grant of Immunity in General.— Section 6003(b) of title 18, United States Code, is amended— (1) by inserting “, the Associate Attorney General” after “Deputy Attorney General”; and (2) by inserting “or Deputy Assistant Attorney General” after “Assistant Attorney General”. (f) Requesting Judicial Grant of Immunity in Certain Drug Cases.— Section 514(c) of the Controlled Substances Act (21 U.S.C. 884(c)) is amended by inserting “, the Associate Attorney General” after “Deputy Attorney General”. (g) Objecting To Disclosure of Classified Information Under the Classified Information Procedures Act.— Section 14 of the Classified Information Procedures Act (18 U.S.C. App. 14) is amended by inserting “, the Associate Attorney General,” after “Deputy Attorney General”. SEC. 7021. OFF-HIGHWAY VEHICLE IDENTIFICATION OFFENSE. Section 553(b)(2) of title 18, United States Code, is amended to read as follows: “(2) (A) in the case of a motor vehicle, is not a violation of section 511 of this title (relating to altering or removing motor vehicle identification numbers); or “(B) in the case of off-highway mobile equipment, would not be a violation of section 511 of this title if such equipment were a motor vehicle.”. SEC. 7022. REDESIGNATION OF PARAGRAPHS IN SECTION 831. Paragraphs (3) through (6) of section 831(e) of title 18, United States Code, are redesignated as paragraphs (2) through (5), respectively. SEC. 7023. IDENTIFICATION FRAUD. Section 1028(a)(6) of title 18, United States Code, is amended— (1) by inserting “knowingly” before “possesses”; (2) by inserting “lawful” before “authority” the first place it appears; and (3) by inserting “such” before “authority” the second place it appears. SEC. 7024. TRANSMISSION OF WAGERING INFORMATION. (a) Transmission of Information to Foreign Countries.— Section 1084(b) of title 18, United States Code, is amended by inserting “or foreign country” after “State” each place it appears. (b) Definition of “State”.— (1) Section 1084 of title 18, United States Code, is amended by adding at the end the following: “(e) As used in this section, the term ‘State’ means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States.”. (2) Section 1084(c) of title 18, United States Code, is amended by striking “, Commonwealth of Puerto Rico, territory, possession, or the District of Columbia”. SEC. 7025. PUNCTUATION CORRECTION IN SECTION 1111. Section 1111(a) of title 18, United States Code, is amended by inserting a comma after “arson”. SEC. 7026. PUNCTUATION CORRECTION IN SECTION 1114. Section 1114 of title 18, United States Code, is amended by striking the second comma after “terms of this section”. SEC. 7027. CLARIFICATION OF RELATION BETWEEN TWO AMENDMENTS MADE BY PUBLIC LAWS ENACTED IN THE 99TH CONGRESS. Section 1153 of title 18, United States Code, is amended by striking “maiming” and all that follows through “incest” and inserting “maiming, a felony under chapter 109A, incest”. SEC. 7028. CORRECTION OF SUBSECTION DESIGNATION. Section 1203 of title 18, United States Code, is amended by striking “(C)” the last place it appears and inserting “(c)”. SEC. 7029. OBSTRUCTION OF JUSTICE AMENDMENTS. (a) Expansion of Venue for Sections 1512 and 1503 Cases.— Section 1512 of title 18, United States Code, is amended by adding at the end the following: “(h) A prosecution under this section or section 1503 may be brought in the district in which the official proceeding (whether or not pending or about to be instituted) was intended to be affected or in the district in which the conduct constituting the alleged offense occurred.”. (b) Definition Changes.— Section 1515(a)(1)(A) of title 18, United States Code, is amended by inserting “a judge of the United States Tax Court, a special trial judge of the Tax Court, a judge of the United States Claims Court,” after “bankruptcy judge,”. (c) Corrupt Persuasion.— Section 1512(b) of title 18, United States Code, is amended by striking “or threatens” and inserting “threatens, or corruptly persuades”. (d) Definition.— Section 1515(a) of title 18, United States Code, is amended— (1) by striking “and” at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting “; and”; and (3) by adding at the end the following: “(6) the term ‘corruptly persuades’ does not include conduct which would be misleading conduct but for a lack of a state of mind.”. SEC. 7030. CONFORMING AMENDMENT TO TABLE OF SECTIONS. The item relating to section 1515 in the table of sections at the beginning of chapter 73 of title 18, United States Code, is amended by inserting “; general provision” after “provisions”. SEC. 7031. CROSS REFERENCE CORRECTIONS AND ADDITIONS. Section 1956(c)(7)(D) of title 18, United States Code, is amended by— (1) striking “section 511” and inserting “section 513”; (2) striking “section 543” and inserting “section 545”; and (3) inserting “section 657 (relating to lending, credit, and insurance institutions), section 658 (relating to property mortgaged or pledged to farm credit agencies),” after “section 656 (relating to theft, embezzlement, or misapplication by bank officer or employee),”. SEC. 7032. CROSS REFERENCE CORRECTION AND ADDITIONS. Section 1961(1) of title 18, United States Code, is amended by striking “section 2320” and inserting “section 2321”. SEC. 7033. SYNTAX CORRECTION IN SECTION 1962. Section 1962(d) of title 18, United States Code, is amended by striking “subsections” and inserting “subsection”. SEC. 7034. SECTION 1963 AMENDMENTS. (a) Correction of Typographical Error in Subsection (n).— Section 1963(n) of title 18, United States Code, is amended by striking “act of omission” and inserting “act or omission”. (b) Redesignation.— Subsection (n) of section 1963 of title 18, United States Code, is redesignated as subsection (m). SEC. 7035. CLERICAL CORRECTION TO TABLE OF CONTENTS FOR CHAPTER 119. The table of sections at the beginning of chapter 119 of title 18, United States Code, is amended by striking “wire or oral” in the items relating to sections 2511, 2512, 2513, 2516, 2517, 2518, and 2519 and inserting “wire, oral, or electronic”. SEC. 7036. SECTION 2516 AMENDMENTS. (a) Syntax Correction.— Section 2516(1) of title 18, United States Code, is amended— (1) by inserting “or” after “Associate Attorney General,”, and (2) by striking the comma that follows a comma. (b) Correction of Cross-References.— Section 2516(1)(c) of title 18, United States Code, is amended— (1) by striking “the second section 2320” and inserting “section 2321”; and (2) by striking “section 2252 or 2253 (sexual exploitation of children),”. (c) Punctuation Corrections.— (1) section 2516(1)(a) is amended by striking “(relating to riots);” and inserting “(relating to riots),”; (2) section 2516(1)(j) is amended by striking “or;”; and (3) section 2516(1)(k) is amended by inserting “or” at the end thereof. SEC. 7037. CORRECTION OF CROSS REFERENCE. Section 2702(b)(2) of title 18, United States Code, is amended by striking “2516” and inserting “2517”. SEC. 7038. GOVERNMENTAL ACCESS TO CONTENTS OF ELECTRONIC COMMUNICATIONS IN AND RECORDS OF A REMOTE COMPUTING SERVICE. Sections 2703(b)(1)(B)(i) and 2703(c)(1)(B)(i) of title 18, United States Code, are amended by inserting “or trial” after “grand jury”. SEC. 7039. DEFINITION OF COURT FOR CERTAIN APPLICATIONS. Section 2703(d) of title 18, United States Code, is amended by inserting “may be issued by any court that is a court of competent jurisdiction set forth in section 3126(2)(A) of this title and” before “shall issue”. SEC. 7040. SECTION 3124 AMENDMENT. Section 3124(b) of title 18, United States Code, is amended by inserting “order” after “court” the last place it appears. SEC. 7041. SENTENCING CLASSIFICATION OF OFFENSES. (a) Redesignation.— Section 3559(a) of title 18, United States Code, is amended— (1) by striking “classified—” and all that follows through “is—” and inserting “classified if the maximum term of imprisonment authorized is—”; and (2) by redesignating subparagraphs (A) through (I) as paragraphs (1) through (9). (b) Class B Classification.— Section 3559(a) of title 18, United States Code, is amended in each of paragraphs (2) and (3) (as so redesignated by subsection (a)), by striking “twenty” and inserting “twenty-five”. SEC. 7042. CORRECTION OF CROSS REFERENCES. Subsection (h) of section 3663 of title 18, United States Code, is amended to read as follows: “(h) An order of restitution may be enforced— “(1) by the United States— “(A) in the manner provided for the collection and payment of fines in subchapter B of chapter 229 of this title; or “(B) in the same manner as a judgment in a civil action; and “(2) by a victim named in the order to receive the restitution, in the same manner as a judgment in a civil action.”. SEC. 7043. FURLOUGH OF CERTAIN INDIVIDUALS ORDERED TO BE COMMITTED FOR INSANITY. Section 4243 of title 18, United States Code, is amended by adding at the end thereof the following: “(h) Limitations on Furloughs.— An individual who is hospitalized under subsection (e) of this section after being found not guilty only by reason of insanity of an offense for which subsection (d) of this section creates a burden of proof of clear and convincing evidence, may leave temporarily the premises of the facility in which that individual is hospitalized only— “(1) with the approval of the committing court, upon notice to the attorney for the Government and such individual, and after opportunity for a hearing; “(2) in an emergency; or “(3) when accompanied by a Federal law enforcement officer (as defined in section 115 of this title).”. SEC. 7044. PERIODIC REPORTS RELATING TO CERTAIN HOSPITALIZED PERSONS. Section 4247(e)(1)(B) of title 18, United States Code, is amended by adding at the end thereof the following: “A copy of each such report concerning a person hospitalized after the beginning of a prosecution of that person for violation of section 871, 879, or 1751 of this title shall be submitted to the Director of the United States Secret Classified information. Service. Except with the prior approval of the court, the Secret Service shall not use or disclose the information in these copies for any purpose other than carrying out protective duties under section 3056(a) of this title.”. SEC. 7045. INSERTION OF MISSING CLOSE PARENTHESIS. The last paragraph of section 5034 of title 18, United States Code, is amended by striking “facility upon” and inserting “facility) upon”. SEC. 7046. AMENDMENT TO RULES OF EVIDENCE CONFORMING TERMINOLOGY RELATING TO SEX OFFENSES. (a) In General.— Rule 412 of the Federal Rules of Evidence is amended— (1) in the heading of such rule, by striking “Rape” and inserting “Sex Offense”; (2) in subdivisions (a) and (b), by striking “rape or of assault with intent to commit rape” each place it appears and inserting “an offense under chapter 109A of title 18, United States Code”; (3) in subdivision (a), by striking “rape or assault” and inserting “offense”; (4) by striking “rape or assault with intent to commit rape” each place it appears and inserting “an offense under chapter 109A of title 18, United States Code”; and (5) in subdivision (b)(2)(B), by striking “rape or assault” and inserting “such offense”. (b) Clerical Amendment.— The item relating to rule 412 in the table of contents at the beginning of the Federal Rules of Evidence is amended by striking “Rape” and inserting “Sex Offense”. SEC. 7047. EXTENSION OF POWER TO MAKE CERTAIN EXAMINATIONS TO PSYCHOLOGISTS. (a) Section 4247(b).— Section 4247(b) of title 18, United States Code, is amended by striking “clinical psychologist” and inserting “psychologist”. (b) Conforming Amendment to Rule 35.— Rule 35 of the Federal Rules of Civil Procedure is amended— 28 USC app. (1) in subdivision (a), by striking “physical or mental examination by a physician” and inserting “physical examination by a physician, or mental examination by a physician or psychologist”; (2) in subdivision (b), by inserting “or psychologist” after “physician” each time it appears, and by adding “or psychologist” to the heading of the subdivision; and (3) by adding at the end the following new subdivision: “(c) Definitions.— For the purpose of this rule, a psychologist is a psychologist licensed or certified by a State or the District of Columbia.”. SEC. 7048. SYNTACTICAL CORRECTION RELATING TO CERTAIN COUNTERFEIT OR FORGED ITEMS. The second paragraph of section 2315 of title 18, United States Code, is amended by striking “which have crossed a State or United States boundary after being stolen, unlawfully converted, or taken” and inserting “moving as, or which are a part of, or which constitute interstate or foreign commerce”. SEC. 7049. FORM CORRECTION IN FEDERAL RULES OF CIVIL PROCEDURE. Rule 17(a) of the Federal Rules of Civil Procedure is amended by 28 USC app. striking “with him”. SEC. 7050. PUNCTUATION CORRECTION IN FEDERAL RULES OF CIVIL PROCEDURE. Rule 71A(e) is amended by striking “taking of the defendants property” and inserting “taking of the defendant’s property”. SEC. 7051. DEFINITION OF “UNITED STATES” IN REFERENCE TO TERRORIST ACTS. Section 3077(4) of title 18, United States Code, is amended to read as follows: “(4) ‘United States,’ when used in a geographical sense, includes Puerto Rico and all territories and possessions of the United States;”. SEC. 7052. CROSS REFERENCES PERTAINING TO ARREST AUTHORITY FOR VIOLATION OF RELEASE CONDITIONS. Section 3062 of title 18, United States Code, is amended by striking “a condition impeded on the person pursuant to section 3142 (c)(2)(D), (c)(2)(E), (c)(2)(H), (c)(2)(I), or (c)(2)(M), or, if the violation involves a failure to remain in a specified institution as required, a condition imposed pursuant to section 3142(c)(2)(J)” and inserting “a condition imposed on the person pursuant to section 3142(c)(1)(B) (iv), (v), (viii), (ix), or (xiii), or, if the violation involves a failure to remain in a specified institution as required, a condition imposed pursuant to section 3142(c)(1)(B)(x)”. SEC. 7053. RENUMBERING OF SECTIONS IN CHAPTER 95. (a) Section 1958.— Section 1952A of title 18, United States Code, is redesignated as section 1958. (b) Section 1959.— Section 1952B of title 18, United States Code, is redesignated as section 1959. (c) Table of Sections.— The table of sections at the beginning of chapter 95 of title 18, United States Code, is amended— (1) by striking “1952A” and inserting “1958”; (2) by striking “1952B” and inserting “1959”; and (3) by inserting the items for redesignated sections 1958 and 1959 at the end of the table. (d) Section 2516(c).— Section 2516(c) of title 18, United States Code, is amended— (1) by striking “1952A” and inserting “1958”; and (2) by striking “1952B” and inserting “1959”. SEC. 7054. ADDITION OF RICO PREDICATE. Section 1961(1)(B) of title 18, United States Code, is amended— (1) by inserting after “section 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity)” the following: “, section 1958 (relating to use of interstate commerce facilities in the commission of murder-for-hire), sections 2251–2252 (relating to sexual exploitation of children)”; and (2) by inserting after “sections 891–894 (relating to extortionate credit transactions)” the following: “, section 1029 (relative to fraud and related activity in connection with access devices)”. SEC. 7055. PROVISION OF MISDEMEANOR PENALTY FOR CERTAIN ESCAPES. Sections 751(a) and 752(a) of title 18, United States Code, are amended by inserting “, or for exclusion or expulsion proceedings under the immigration laws,” after “extradition”. SEC. 7056. CLARIFICATION OF PREDICATE OFFENSE REQUIREMENTS FOR ARMED CAREER CRIMINAL ACT. Section 924(e)(1) of title 18, United States Code, is amended by inserting “committed on occasions different from one another,” after “for a violent felony or a serious drug offense, or both,” SEC. 7057. TRANSPORTATION AND RECEIPT OF STOLEN SECURITIES. (a) Transmission or Transfer.— The first paragraph of section 2314 of title 18, United States Code, is amended by striking “transports” and inserting “transports, transmits, or transfers”. (b) Inapplicability of Section.— The final paragraphs of sections 2314 and 2315 of title 18, United States Code, are amended— (1) by striking “or by a bank or corporation of any foreign country”; and (2) by adding at the end thereof: “This section also shall not apply to any falsely made, forged, altered, counterfeited, or spurious representation of any bank note or bill issued by a bank or corporation of any foreign country which is intended by the laws or usage of such country to circulate as money.”. SEC. 7058. MAXIMUM PENALTY ADJUSTMENTS. (a) Abusive Sexual Contact.— Section 2244(a) of title 18, United States Code, is amended— (1) in paragraph (1) by striking “five years” and inserting “ten years”; and (2) in paragraph (3) by striking “one year” and inserting “two years”. (b) Murder for Hire.— Section 1958 of title 18, United States Code, is amended by striking “five years” and inserting “ten years”. (c) Attempted Murder.— Section 1113 of title 18, United States Code, is amended by striking “shall be fined not more than $1,000 or imprisoned not more than three years, or both” and inserting “shall, for an attempt to commit murder be imprisoned not more than twenty years or fined under this title, or both, and for an attempt to commit manslaughter be imprisoned not more than three years or fined under this title, or both.” (d) Racketeering Influenced and Corrupt Organizations.— Section 1963(a) of title 18, United States Code, is amended by striking “shall be fined not more than $25,000 or imprisoned not more than twenty years, or both” and inserting “shall be fined under this title or imprisoned not more than 20 years (or for life if the violation is based on a racketeering activity for which the maximum penalty includes life imprisonment), or both.”. SEC. 7059. INTERSTATE AGREEMENT ON DETAINERS ACT AMENDMENTS. The Interstate Agreement on Detainers Act (84 Stat. 1397) is amended by adding at the end thereof the following new section: “§ 9. Special Provisions when United States is a Receiving State “Notwithstanding any provision of the agreement on detainers to the contrary, in a case in which the United States is a receiving State— “(1) any order of a court dismissing any indictment, information, or complaint may be with or without prejudice. In determining whether to dismiss the case with or without prejudice, the court shall consider, among others, each of the following factors: The seriousness of the offense; the facts and circumstances of the case which led to the dismissal; and the impact of a reprosecution on the administration of the agreement on detainers and on the administration of justice; and “(2) it shall not be a violation of the agreement on detainers if prior to trial the prisoner is returned to the custody of the sending State pursuant to an order of the appropriate court issued after reasonable notice to the prisoner and the United States and an opportunity for a hearing.”. SEC. 7060. CLERICAL CORRECTIONS RELATING TO CHAPTER 44. (a) Section 924(c) Amendments.— Paragraph (1) of section 924(c) of title 18, United States Code, is amended— (1) by striking “crime,,” the first place it appears and inserting “crime”; (2) by striking “crime,,” each other place it appears and inserting “crime,”; (3) by striking “including a crime” and inserting “(including a crime”; (4) by striking “crime, which” and inserting “crime which”; (5) by striking “device, for” and inserting “device) for”; and (6) by striking “, or drug trafficking crime”. (b) Section 929 Amendment.— Paragraph (1) of section 929(a) of title 18, United States Code, is amended by striking “crime,” each place it appears and inserting “crime”. (c) Section 922(g) Amendment.— Section 922(g)(3) of title 18, United States Code, is amended by inserting “who” before “is an unlawful user”. (d) Section 923 Amendments.— Section 923 of title 18, United States Code, is amended— (1) in subsection (a), by striking the period that follows “licensing”; and (2) in subsection (f)(3), by striking the period that follows a period. SEC. 7061. INSERTION OF MISSING SUBSECTION HEADING. Section 2706(c) of title 18, United States Code, is amended by inserting “Exception.—” after “(c)”. SEC. 7062. INSERTION OF MISSING TABLE. Chapter 113A of title 18, United States Code, is amended by inserting after the heading of such chapter the following table: “Sec. 2331. Terrorist acts abroad against United States nationals.”. SEC. 7063. CORRECTION OF ITEMS IN TABLES OF CHAPTERS. (a) Chapter 113A.— The item relating to chapter 113A in the table of sections at the beginning of part I of title 18, United States Code, is amended by striking the final period and inserting “............... 2331”. (b) Chapter 121.— The item relating to chapter 121 in the table of sections at the beginning of part I of title 18, United States Code, is amended by striking “Wire and Electronic Communications and Transactional Records Access” and inserting “wire and electronic communications and transactional records access”. (c) Chapter 17A.— The item relating to chapter 17A in the table of sections at the beginning of part I of title 18, United States Code, is amended by striking “Carrier Operation Under the Influence of Alcohol or Drugs” and inserting “carrier operation under the influence of alcohol or drugs........ 341”. (d) Chapter 109A.— The item relating to chapter 109A in the table of sections at the beginning of part I of title 18, United States Code, is amended by striking “Abuse” and inserting “abuse”. (e) Chapter 11.— The item relating to chapter 11 in the table of sections at the beginning of part I of title 18, United States Code, is amended by striking “Bribery and graft” and inserting “Bribery, graft, and conflicts of interest”. SEC. 7064. INSERTION OF MISSING LETTER. Section 794(d)(4) of title 18, United States Code, is amended by striking “amount” and inserting “amounts”. SEC. 7065. PUNCTUATION CORRECTION. Section 1030(a)(2) of title 18, United States Code, is amended— (1) by striking the comma that follows a comma; and (2) by inserting a comma after “financial institution”. SEC. 7066. REFERENCE CORRECTION. Section 2232(c) of title 18, United States Code, is amended by inserting “of 1978” after “Surveillance Act”. SEC. 7067. CONFORMING AMENDMENT TO TABLE OF SECTIONS. The item relating to section 2710 in the table of sections at the beginning of chapter 121 of title 18, United States Code, is amended by inserting “for chapter” after “Definitions”. SEC. 7068. CORRECTION OF ITEM IN TABLE OF SECTIONS FOR CHAPTER 206. The item relating to section 3123 in the table of sections at the beginning of chapter 206 of title 18, United States Code, is amended by striking “trap or trace” and inserting “trap and trace”. SEC. 7069. CORRECTION OF ITEMS IN TABLE OF SECTIONS FOR CHAPTER 46. The items in the table of sections at the beginning of chapter 46 of title 18, United States Code, are each amended by striking “Forfeiture” and inserting “forfeiture”. SEC. 7070. CORRECTION OF TYPOGRAPHICAL ERROR. Section 2422 of title 18, United States Code, is amended by striking “of foreign commerce” and inserting “or foreign commerce” SEC. 7071. CONFORMING AMENDMENT TO TABLE OF SECTIONS FOR CHAPTER 117. The item relating to section 2424 in the table of sections at the beginning of chapter 117 of title 18, United States Code, is amended by striking “female” and inserting “individual”. SEC. 7072. ELIMINATION OF CROSS REFERENCES TO REPEALED SECTION. (a) Section 3401.— Section 3401(g) of title 18, United States Code, is amended by striking “and section 4216”. (b) Section 3522.— Section 3522(c) of title 18, United States Code, is amended by striking “4216” and inserting “4215”. (c) Section 4106.— Section 4106(b) of title 18, United States Code, is amended by striking “4216” and inserting “4215”. SEC. 7073. INSERTION OF MISSING WORD. Section 3142(c)(3) of title 18, United States Code, is amended by inserting “the” before “order”. SEC. 7074. INSERTION OF MISSING COMMA. Section 351(a) of title 18, United States Code, is amended by inserting a comma after “(as defined in section 3056 of this title)”. SEC. 7075. CORRECTIONS OF ERRORS IN FEDERAL RULES OF EVIDENCE. (a) Insertion of Missing Word.— Rule 615 of the Federal Rules of Evidence is amended by inserting “a” before “party which is not a natural person.”. (b) Syntax Correction.— Rule 804(a)(5) of the Federal Rules of Evidence is amended by striking “subdivisions” and inserting “subdivision”. (c) Correction of Capitalization.— Rule 1101(a) of the Federal Rules of Evidence is amended— (1) by striking “Rules” and inserting “rules”; and (2) by striking “Courts of Appeals” and inserting “courts of appeals”. SEC. 7076. SUPERVISED RELEASE. Rule 11(c)(1) of the Federal Rules of Criminal Procedure is amended by adding “or term of supervised release” after “special parole term”. SEC. 7077. INJUNCTIONS AGAINST FRAUD. Section 1345 of title 18, United States Code, is amended by adding “or of section 287, 371 (insofar as such violation involves a conspiracy to defraud the United States or any agency thereof), or 1001 of this title” after “violation of this chapter,”. SEC. 7078. OBSTRUCTION OF FEDERAL AUDIT. (a) Offense.— Chapter 73 of title 18, United States Code, is amended by adding at the end thereof the following new section: “§ 1516. Obstruction of Federal audit “(a) Whoever, with intent to deceive or defraud the United States, endeavors to influence, obstruct, or impede a Federal auditor in the performance of official duties relating to a person receiving in excess of $100,000, directly or indirectly, from the United States in any 1 year period under a contract or subcontract, shall be fined under this title, or imprisoned not more than 5 years, or both. “(b) For purposes of this section the term ‘Federal auditor’ means any person employed on a full- or part-time or contractual basis to perform an audit or a quality assurance inspection for or on behalf of the United States.”. (b) Clerical Amendment.— The table of sections at the beginning of chapter 73 of title 18, United States Code, is amended by adding at the end thereof the following new item: “1516. Obstruction of Federal audit.”. SEC. 7079. UNAUTHORIZED USE OF THE TERM “SECRET SERVICE”. (a) Unauthorized Use.— Section 709 of title 18, United States Code, is amended by inserting after the undesignated paragraph relating to the Federal Bureau of Investigations the following new paragraph: “Whoever, except with written permission of the Director of the United States Secret Service, knowingly uses the words ‘Secret Service’, ‘Secret Service Uniformed Division’, the initials ‘U.S.S.S.’, ‘U.D’, or any colorable imitation of such words or initials, in connection with, or as a part of any advertisement, circular, book, pamphlet or other publication, play, motion picture, broadcast, telecast, other production, product, or item, in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet or other publication, product, or item, is approved, endorsed, or authorized by or associated in any manner with, the United States Secret Service, or the United States Secret Service Uniformed Division; or”. (b) Effective Date.— This section shall take effect 90 days after the date of enactment of this Act. SEC. 7080. AGGREGATION TO PERMIT PROSECUTION OF CERTAIN SCHEMES TO DEFRAUD MULTIPLE VICTIMS. The second paragraph of section 2314 of title 18, United States Code, is amended by inserting “or persons” after “person” the first place it appears, and by inserting “or those persons” after “person” the second place it appears. SEC. 7081. TIME FOR REFILING INDICTMENT OR INFORMATION FOLLOWING DISMISSAL. (a) Indictment Where Defect Found After Period of Limitations.— Section 3288 of title 18, United States Code, is amended— (1) by inserting after “within six calendar months of the date of the dismissal of the indictment or information” the following: “, or, in the event of an appeal, within 60 days of the date the dismissal of the indictment or information becomes final”; (2) by striking all beginning with “Whenever” through “for any cause,” and inserting “Whenever an indictment or information charging a felony is dismissed for any reason”; (3) by adding at the end thereof the following: “This section does not permit the filing of a new indictment or information where the reason for the dismissal was the failure to file the indictment or information within the period prescribed by the applicable statute of limitations, or some other reason that would bar a new prosecution.”; and (4) so that the section heading reads as follows: “§ 3288. Indictments and information dismissed after period of limitations” (b) Indictment Where Defect Found Before Period of Limitations.— Section 3289 of title 18, United States Code, is amended— (1) by inserting after “within six calendar months of the date of the dismissal of the indictment or information” the following: “or, in the event of an appeal, within 60 days of the date the dismissal of the indictment or information becomes final”; (2) by striking all beginning with “Whenever” through “for any cause,” and inserting “Whenever an indictment or information charging a felony is dismissed for any reason”; (3) by adding at the end thereof the following: “This section does not permit the filing of a new indictment or information where the reason for the dismissal was the failure to file the indictment or information within the period prescribed by the applicable statute of limitations, or some other reason that would bar a new prosecution.”; and (4) so that the section heading reads as follows: “§ 3289. Indictments and information dismissed before period of limitations”. (c) Clerical Amendment.— The table of sections at the beginning of chapter 213 of title 18, United States Code, is amended by striking the items for sections 3288 and 3289 and inserting the following: “3288. Indictments and information dismissed after period of limitations. “3289. Indictments and information dismissed before period of limitations.”. SEC. 7082. CRIMINAL FINES AMENDMENTS. (a) Application of Government Petition for Modification or Remission of Fines to Old Fines.— Section 3573 of title 18, United States Code, is amended by adding at the end thereof the following: “This section shall apply to all fines and assessments irrespective of the date of imposition.”. (b) Application of Statute of Limitations for Special Assessments to Old Assessments.— Section 3013(c) of title 18, United States Code, is amended by adding at the end thereof the following: “This subsection shall apply to all assessments irrespective of the date of imposition.”. (c) Application of Waiver by Attorney General of Interest or Penalty Relating to Fines to Old Fines.— Section 3612(h) of title 18, United States Code, is amended by inserting “or any interest or penalty relating to a fine imposed under any prior law” after “under this section”. (d) Notice Requirements.— Sections 3612(d) and (e) of title 18, United States Code, are amended by striking “, by certified mail,”. SEC. 7083. SYNTAX CORRECTION TO MINIMUM SENTENCE PROVISION. Section 994(n) of title 28, United States Code, is amended by striking “as minimum sentence” and inserting “as a minimum sentence”. SEC. 7084. REFUND OF FORFEITED BAIL. (a) Offense.— Chapter 207 of title 18, United States Code, is amended by adding the following new section after section 3150: “§ 3151. Refund of forfeited bail “Appropriations available to refund money erroneously received and deposited in the Treasury are available to refund any part of forfeited bail deposited into the Treasury and ordered remitted under the Federal Rules of Criminal Procedure.”. (b) Section Analysis.— The section analysis for chapter 207 of title 18, United States Code, is amended by inserting at the appropriate place the following new item: “3151. Refund of forfeited bail.”. SEC. 7085. SPECIAL ASSESSMENTS ON PERSONS CONVICTED OF OFFENSES. Paragraph (1) of section 3013(a) of title 18, United States Code, is amended to read as follows: “(1) in the case of an infraction or a misdemeanor— “(A) if the defendant is an individual— “(i) the amount of $5 in the case of an infraction or a class C misdemeanor; “(ii) the amount of $10 in the case of a class B misdemeanor; and “(iii) the amount of $25 in the case of a class A misdemeanor; and “(B) if the defendant is a person other than an individual— “(i) the amount of $25 in the case of a infraction or a class C misdemeanor; “(ii) the amount of $50 in the case of a class B misdemeanor; and “(iii) the amount of $125 in the case of a class A misdemeanor.”. SEC. 7086. CONDITIONS OF PROBATION. Section 3563(a)(2) of title 18, United States Code, is amended by inserting before the period “, unless the court finds on the record that extraordinary circumstances exist that would make such a condition plainly unreasonable, in which event the court shall impose one or more of the other conditions set forth under subsection (b)”. SEC. 7087. AUTHORITY TO OBTAIN ARREST WARRANT FOR FOREIGN FUGITIVE WHOSE SPECIFIC WHEREABOUTS ARE NOT KNOWN. Section 3184 of title 18, United States Code, is amended by inserting after the first sentence the following: “Such complaint may be filed before and such warrant may be issued by a judge or magistrate of the United States District Court for the District of Columbia if the whereabouts within the United States of the person charged are not known.”. SEC. 7088. MISUSE OF SOCIAL SECURITY NUMBER. Section 208 of the Social Security Act (42 U.S.C. 408) is amended— (1) in the first undesignated paragraph, by striking “not more than $5,000” after “shall be fined” and inserting “under title 18, United States Code,”; (2) in the second undesignated paragraph, by striking “not more than $25,000” after “shall be fined” and inserting “under title 18, United States Code,”; and (3) adding at the end the following: “For the purpose of subsection (g), the terms ‘social security number’ and ‘social security account number’ mean such numbers as are assigned by the Secretary under section 405(c)(2) of this title whether or not, in actual use, such numbers are called social security numbers.”. SEC. 7089. PETTY OFFENSE AMENDMENTS. (a) Title 18.— Section 19 of title 18, United States Code, is amended by inserting “, for which the maximum fine is no greater than the amount set forth for such an offense in section 357l(b) (6) or (7) in the case of an individual or section 3571(c) (6) or (7) in the case of an organization” after “infraction”. (b) Rules of Procedure.— Rule 9 of the Rules of Procedure for the Trial of Misdemeanors before United States Magistrates is amended 18 USC app. to read as follows: “Rule 9. Definition “As used in these rules, ‘petty offense’ has the meaning set forth in 18 U.S.C. § 19.”. (c) Federal Rules of Criminal Procedure.— Rule 54 of the Federal Rules of Criminal Procedure is amended in the definition of 18 USC app. “petty offense” to read as follows: “‘Petty offense’ has the meaning set forth in 18 U.S.C. 19.”. SEC. 7090. NONMAILABILITY OF LOCKSMITHING DEVICES. (a) In General.— Title 39, United States Code, is amended by inserting after section 3002 the following: “§ 3002a. Nonmailability of locksmithing devices. “(a) Any locksmithing device is nonmailable mail, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs, unless such device is mailed to— “(1) a lock manufacturer or distributor; “(2) a bona fide locksmith; “(3) a bona fide repossessor; or “(4) a motor vehicle manufacturer or dealer. “(b) For the purpose of this section, ‘locksmithing device’ means— “(1) a device or tool (other than a key) designed to manipulate the tumblers in a lock into the unlocked position through the keyway of such lock; “(2) a device or tool (other than a key or a device or tool under paragraph (1)) designed for the unauthorized opening or bypassing of a lock or similar security device; and “(3) a device or tool designed for making an impression of a key or similar security device to duplicate such key or device.”. (b) Clerical Amendment.— The table of sections at the beginning of chapter 30 of title 39, United States Code, is amended by inserting after the item relating to section 3002 the following: “3002a. Nonmailability of locksmithing devices.”. (c) Penalties.— Section 1716A of title 18, United States Code, is amended— (1) by inserting “locksmithing devices and” before “motor vehicle” in the section heading; (2) by inserting “(a)” before “Whoever”; and (3) by striking out “fined not more than $1,000, or” and inserting “under this title”; and (4) by adding at the end the following: “(b) Whoever knowingly deposits for mailing or delivery, causes to be delivered by mail, or causes to be delivered by any interstate mailing or delivery other than by the United States Postal Service, any matter declared to be nonmailable by section 3002a of title 39, shall be fined under this title, imprisoned not more than one year, or both.”. (d) Clerical Amendment.— The table of sections for chapter 83 of title 18, United States Code, is amended by striking out the item relating to section 1716A and inserting the following: “1716A. Nonmailable locksmithing devices and motor vehicle master keys.”. SEC. 7091. BAIL PENDING APPEAL. Section 3143(b) of title 18, United States Code, is amended by— (1) striking subparagraph (2) and inserting the following: “(2) that the appeal is not for the purpose of delay and raises a substantial question of law or fact likely to result in— “(A) reversal, “(B) an order for a new trial, “(C) a sentence that does not include a term of imprisonment, or “(D) a reduced sentence to a term of imprisonment less than the total of the time already served plus the expected duration of the appeal process.”; and (2) inserting before the final period the following: “, except that in the circumstance described in paragraph (b)(2)(D), the judicial officer shall order the detention terminated at the expiration of the likely reduced sentence”. SEC. 7092. EMERGENCY PEN REGISTER AND TRAP AND TRACE DEVICE INSTALLATION. (a) Chapter 206 of title 18, United States Code is amended— (1) by renumbering sections 3125 and 3126 as sections 3126 and 3127 respectively; and (2) by adding after section 3124 the following new section: “§ 3125. Emergency pen register and trap and trace device installation. “(a) Notwithstanding any other provision of this chapter, any investigative or law enforcement officer, specially designated by the Attorney General, the Deputy Attorney General, the Associate Attorney General, any Assistant Attorney General, any acting Assistant Attorney General, or any Deputy Assistant Attorney General, or by the principal prosecuting attorney of any State or subdivision thereof acting pursuant to a statute of that State, who reasonably determines that— “(1) an emergency situation exists that involves— “(A) immediate danger of death or serious bodily injury to any person; or “(B) conspiratorial activities characteristic of organized crime, that requires the installation and use of a pen register or a trap and trace device before an order authorizing such installation and use can, with due diligence, be obtained, and “(2) there are grounds upon which an order could be entered under this chapter to authorize such installation and use ‘may have installed and use a pen register or trap and trace device if, within forty-eight hours after the installation has occurred, or begins to occur, an order approving the installation or use is issued in accordance with section 3123 of this title.” “(b) In the absence of an authorizing order, such use shall immediately terminate when the information sought is obtained, when the application for the order is denied or when forty-eight hours have lapsed since the installation of the pen register or trap and trace device, whichever is earlier. “(c) The knowing installation or use by any investigative or law enforcement officer of a pen register or trap and trace device pursuant to subsection (a) without application for the authorizing order within forty-eight hours of the installation shall constitute a violation of this chapter. “(d) A provider for a wire or electronic service, landlord, custodian, or other person who furnished facilities or technical assistance pursuant to this section shall be reasonably compensated for such reasonable expenses incurred in providing such facilities and assistance.”. (b) (1) Section 3124(d) of title 18, United States Code, is amended by adding after the words “court order under this chapter” the words “or request pursuant to section 3125 of this title”. (2) Section 3124(e) of title 18, United States Code, is amended by adding after the words “court order” the words “under this chapter, a request pursuant to section 3125 of this title”. (c) The table of sections for chapter 206 of title 18, United States Code, is amended— (1) by renumbering the items for sections 3125 and 3126 as sections 3126 and 3127, respectively; and (2) by inserting the following new item: “3125. Emergency pen register and trap and trace device installation”. (d) Section 3124(b) of title 18, United States Code, is amended by adding after the words “shall be furnished” the words “, pursuant to subsection 3123(b) or section 3125 of this title,”. SEC. 7093. AUTHORITY OF FEDERAL PRISON INDUSTRIES TO BORROW AND INVEST FUNDS. (a) Grant of Authority.— Chapter 307 of title 18, United States Code, is amended by inserting after section 4128 the following new section: “§ 4129. Authority to borrow and invest “(a) (1) As approved by the board of directors, Federal Prison Industries, to such extent and in such amounts as are provided in appropriations Acts, is authorized to issue its obligations to the Secretary of the Treasury, and the Secretary of the Treasury, in the Secretary’s discretion, may purchase or agree to purchase any such obligations, except that the aggregate amount of obligations issued by Federal Prison Industries under this paragraph that are outstanding at any time may not exceed 25 percent of the net worth of the corporation. For purchases of such obligations by the Secretary of the Treasury, the Secretary is authorized to use as a public debt transaction the proceeds of the sale of any securities issued under chapter 31 of title 31 after the date of the enactment of this section, and the purposes for which securities may be issued under that chapter are extended to include such purchases. Each purchase of obligations by the Secretary of the Treasury under this subsection shall be upon such terms and conditions as to yield a return at a rate not less than a rate determined by the Secretary of the Treasury, taking into consideration the current average yield on outstanding marketable obligations of the United States of comparable maturity. For purposes of the first sentence of this paragraph, the net worth of Federal Prison Industries is the amount by which its assets (including capital) exceed its liabilities. “(2) The Secretary of the Treasury may sell, upon such terms and conditions and at such price or prices as the Secretary shall determine, any of the obligations acquired by the Secretary under this subsection. All purchases and sales by the Secretary of the Treasury of such obligations under this subsection shall be treated as public debt transactions of the United States. “(b) Federal Prison Industries may request the Secretary of the Treasury to invest excess moneys from the Prison Industries Fund. Such investments shall be in public debt securities with maturities suitable to the needs of the corporation as determined by the board of directors, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities.”. (b) Conforming Amendment.— The table of sections at the beginning of chapter 307 of title 18, United States Code, is amended by adding at the end the following new item: “4129. Authority to borrow and invest.”. SEC. 7094. USE OF FUNDS. Section 4126 of title 18, United States Code, is amended— (1) by designating the first through fifth paragraphs as subsections (a) through (e), respectively; (2) by amending subsection (c), as designated by paragraph (1) of this section, to read as follows: “(c) The Corporation, in accordance with the laws generally applicable to the expenditures of the several departments, agencies, and establishments of the Government, is authorized to employ the fund, and any earnings that may accrue to the corporation— “(1) as operating capital in performing the duties imposed by this chapter; “(2) in the lease, purchase, other acquisition, repair, alteration, erection, and maintenance of industrial buildings and equipment; “(3) in the vocational training of inmates without regard to their industrial or other assignments; “(4) in paying, under rules and regulations promulgated by the Attorney General, compensation to inmates employed in any industry, or performing outstanding services in institutional operations, and compensation to inmates or their dependents for injuries suffered in any industry or in any work activity in connection with the maintenance or operation of the institution in which the inmates are confined. In no event may compensation for such injuries be paid in an amount greater than that provided in chapter 81 of title 5.”; and (3) by adding at the end the following: “(f) Funds available to the corporation may be used for the lease, purchase, other acquisition, repair, alteration, erection, or maintenance of facilities only to the extent such facilities are necessary for the industrial operations of the corporation under this chapter. Such funds may not be used for the construction or acquisition of penal or correctional institutions, including camps described in section 4125.”. SEC. 7095. REPORTS TO CONGRESS. Section 4127 of title 18, United States Code, is amended to read as follows: “The board of directors of Federal Prison Industries shall submit an annual report to the Congress on the conduct of the business of the corporation during each fiscal year, and on the condition of its funds during such fiscal year. Such report shall include a statement of the amount of obligations issued under section 4129(a)(1) during such fiscal year, and an estimate of the amount of obligations that will be so issued in the following fiscal year.”. SEC. 7096. GUIDELINES AND PUBLIC COMMENT ON NEW OR EXPANDED PRODUCTION BY FEDERAL PRISON INDUSTRIES. Section 4122(b) of title 18, United States Code, is amended— (1) by inserting “(1)” after “(b)”; (2) by striking out “all physically fit inmates in the United States penal and correctional institutions” and inserting in lieu thereof “the greatest number of those inmates in the United States penal and correctional institutions who are eligible to work as is reasonably possible”; and (3) by adding at the end thereof the following: “(2) Federal Prison Industries shall conduct its operations so as to Employment and unemployment. produce products on an economic basis, but shall avoid capturing more than a reasonable share of the market among Federal departments, agencies, and institutions for any specific product. Federal Prison Industries shall concentrate on providing to the Federal Government only those products which permit employment of the greatest number of those inmates who are eligible to work as is reasonably possible. “(3) Federal Prison Industries shall diversify its products so that its sales are distributed among its industries as broadly as possible. “(4) Any decision by Federal Prison Industries to produce a new product or to significantly expand the production of an existing product shall be made by the board of directors of the corporation. Before the board of directors makes a final decision, the corporation shall do the following: “(A) The corporation shall prepare a detailed written analysis of the probable impact on industry and free labor of the plans for new production or expanded production. In such written analysis the corporation shall, at a minimum, identify and consider— “(i) the number of vendors currently meeting the requirements of the Federal Government for the product; “(ii) the proportion of the Federal Government market for the product currently served by small businesses, small disadvantaged businesses, or businesses operating in labor surplus areas; “(iii) the size of the Federal Government and non-Federal Government markets for the product; “(iv) the projected growth in the Federal Government demand for the product; and “(v) the projected ability of the Federal Government market to sustain both Federal Prison Industries and private vendors. “(B) The corporation shall announce in a publication designed to most effectively provide notice to potentially affected private vendors the plans to produce any new product or to significantly expand production of an existing product. The announcement shall also indicate that the analysis prepared under subparagraph (A) is available through the corporation and shall invite comments from private industry regarding the new production or expanded production. “(C) The corporation shall directly advise those affected trade associations that the corporation can reasonably identify the plans for new production or expanded production, and the corporation shall invite such trade associations to submit comments on those plans. “(D) The corporation shall provide to the board of directors— “(i) the analysis prepared under subparagraph (A) on the proposal to produce a new product or to significantly expand the production of an existing product, “(ii) comments submitted to the corporation on the proposal, and “(iii) the corporation’s recommendations for action on the proposal in light of such comments. In addition, the board of directors, before making a final decision under this paragraph on a proposal, shall, upon the request of an established trade association or other interested representatives of private industry, provide a reasonable opportunity to such trade association or other representatives to present comments directly to the board of directors on the proposal. “(5) Federal Prison Industries shall publish in the manner specified in paragraph (4)(B) the final decision of the board with respect to the production of a new product or the significant expansion of the production of an existing product. “(6) Federal Prison Industries shall publish, after the end of each 6-month period, a list of sales by the corporation for that 6-month period. Such list shall be made available to all interested parties.”. Subtitle C— Sentencing Amendments SEC. 7101. PRISONERS TRANSFERRED TO THE UNITED STATES. (a) Prisoners Transferred to the United States.— Chapter 306 of title 18, United States Code, is amended by inserting after section 4106 the following: “§ 4106A. Transfer of offenders on parole; parole offenders transferred “(a) Upon the receipt of an offender who is on parole from the authorities of a foreign country, the Attorney General shall assign the offender to the United States Parole Commission for supervision. “(b) (1) (A) The United States Parole Commission shall, without unnecessary delay, determine a release date and a period and conditions of supervised release for an offender transferred to the United States to serve a sentence of imprisonment, as though the offender were convicted in a United States district court of a similar offense. “(B) In making such determination, the United States Parole Commission shall consider— “(i) any recommendation of the United States Probation Service, including any recommendation as to the applicable guideline range; and “(ii) any documents provided by the transferring country; relating to that offender. “(C) The combined periods of imprisonment and supervised release that result from such determination shall not exceed the term of imprisonment imposed by the foreign court on that offender “(D) The duties conferred on a United States probation officer with respect to a defendant by section 3552 of this title shall, with respect to an offender so transferred, be carried out by the United States Probation Service. “(2) (A) A determination by the United States Parole Commission under this subsection may be appealed to the United States court of appeals for the circuit in which the offender is imprisoned at the time of the determination of such Commission. Notice of appeal must be filed not later than 45 days after receipt of notice of such determination. “(B) The court of appeals shall decide and dispose of the appeal in accordance with section 3742 of this title as though the determination appealed had been a sentence imposed by a United States district court. “(3) During the supervised release of an offender under this subsection, the United States district court for the district in which the offender resides shall supervise the offender. “(c) This section shall apply only to offenses committed on or after November 1, 1987.”. (b) Technical Amendment.— Section 4108(a) of title 18, United States Code, is amended by striking out “including any term of imprisonment” and all that follows through “28 U.S.C. 994(a)(1),”. (c) Clerical Amendment.— The table of sections at the beginning of chapter 306 of title 18, United States Code, is amended by inserting after the item relating to section 4106 the following: “4106A. Transfer of offenders on parole; parole of offenders transferred.”. (d) Appointment of Guardians ad Litem and Provision of Counsel.— Section 4109 of title 18, United States Code, is amended— (1) by inserting “(a)” before “In proceedings”; and (2) by adding at the end the following: “(b) Guardians ad litem appointed by the verifying officer under section 4100 of this title to represent offenders who are financially unable to provide for compensation and travel expenses of the guardian ad litem shall be compensated and reimbursed under subsection (a)(1) of this section, “(c) The offender shall have the right to advice of counsel in proceedings before the United States Parole Commission under section 4106A of this title and in an appeal from a determination of such Commission under such section. If the offender is financially unable to obtain counsel, counsel for such proceedings and appeal shall be appointed under section 3006A of this title.”. (e) Consent to Transfer by Guardians for Incompetents; Appointment of Guardian Independent of Appointment of Counsel.— Section 4100(b) of title 18, United States Code, is amended— (1) in the last sentence, by— (A) inserting “, or is deemed by the verifying officer to be mentally incompetent or otherwise incapable of knowingly and voluntarily consenting to the transfer,” after “under eighteen years of age”; and (B) inserting “, guardian ad litem,” after “guardian”; and (2) by adding at the end the following: “The appointment of a guardian ad litem shall be independent of the appointment of counsel under section 4109 of this title.”. (f) Conforming Amendments and Compensation Maxima Relating to Provision of Counsel.— (1) Section 3006A(a)(1) of title 18, United States Code, is amended— (A) by striking “or” at the end of subparagraph (H); (B) by striking the period at the end of subparagraph (I) and inserting “; or”; and (C) by adding at the end the following: “(J) is entitled to the appointment of counsel under section 4109 of this title.”. (2) Section 3006A(d)(2) of title 18, United States Code, is amended by inserting after the second sentence the following: “For representation of an offender before the United States Parole Commission in a proceeding under section 4106A of this title, the compensation shall not exceed $750 for each attorney in each proceeding; for representation of an offender in an appeal from a determination of such Commission under such section, the compensation shall not exceed $2,500 for each attorney in each court.” SEC. 7102. RECORDS OTHER THAN TRANSCRIPTS. Section 3553(c) of title 18, United States Code, is amended by— (1) inserting after “transcription” the following: “or other appropriate public record”; and (2) striking “clerk of the” in the last sentence. SEC. 7103. STANDARD OF REVIEW. (a) Title 18 Amendment.— Section 3742 of title 18, United States Code, is amended— (1) in subsections (a)(2) and (b)(2), by striking “issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)”; (2) by striking paragraph (3) of subsection (a) and inserting the following: “(3) is greater than the sentence specified in the applicable guideline range to the extent that the sentence includes a greater fine or term of imprisonment, probation, or supervised release than the maximum established in the guideline range, or includes a more limiting condition of probation or supervised release under section 3563(b)(6) or (b)(11) than the maximum established in the guideline range; or”; (3) by striking paragraph (3) of subsection (b) and inserting the following: “(3) is less than the sentence specified in the applicable guideline range to the extent that the sentence includes a lesser fine or term of imprisonment, probation, or supervised release than the minimum established in the guideline range, or includes a less limiting condition of probation or supervised release under section 3563(b)(6) or (b)(11) than the minimum established in the guideline range; or”; (4) by striking paragraph (4) of subsection (a) and inserting the following: “(4) was imposed for an offense for which there is no sentencing guideline and is plainly unreasonable.”; (5) in subsection (b)— (A) by striking paragraph (4) through the end and inserting the following: “(4) was imposed for an offense for which there is no sentencing guideline and is plainly unreasonable.”; and (B) by inserting after “The Government” the following: “, with the personal approval of the Attorney General or the Solicitor General,”; (6) in subsections (d)(3) and (e)(2), by striking “range of the applicable sentencing guideline” and inserting “applicable guideline range”; (7) in the second sentence of subsection (d), by inserting “and shall give due deference to the district court’s application of the guidelines to the facts” after “clearly erroneous”; (8) by inserting a new subsection (c), as follows, and by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g), respectively: “(c) Plea Agreements.— In the case of a plea agreement that includes a specific sentence under rule 11(e)(1)(C) of the Federal Rules of Criminal Procedure— “(1) a defendant may not file a notice of appeal under paragraph (3) or (4) of subsection (a) unless the sentence imposed is greater than the sentence set forth in such agreement; and “(2) the Government may not file a notice of appeal under paragraph (3) or (4) of subsection (b) unless the sentence imposed is less than the sentence set forth in such agreement.”; and (9) by adding at the end of the section the following new subsection: “(h) Guideline Not Expressed as a Range.— For the purpose of this section, the term ‘guideline range’ includes a guideline range having the same upper and lower limits.”. (b) Title 28 Amendment.— Section 994(a)(1) of title 28, United States Code, is amended— (1) in subparagraph (C), by striking out “term; and” and inserting “term;”; (2) in subparagraph (D), by inserting “and” after “consecutively;”; and (3) by adding at the end thereof the following: “(E) a determination under paragraphs (6) and (11) of section 3563(b) of title 18;”. SEC. 7104. HIRING OUTSIDE COUNSEL. Section 995(a) of title 28, United States Code, is amended by— (1) striking “and” at the end of paragraph (21); (2) striking the period at the end of paragraph (22) and inserting “; and”; and (3) adding at the end thereof the following: “(23) retain private attorneys to provide legal advice to the Commission in the conduct of its work, or to appear for or represent the Commission in any case in which the Commission is authorized by law to represent itself, or in which the Commission is representing itself with the consent of the Department of Justice; and the Commission may in its discretion pay reasonable attorney’s fees to private attorneys employed by it out of its appropriated funds. When serving as officers or employees of the United States, such private attorneys shall be considered special government employees as defined in section 202(a) of title 18; and”. SEC. 7105. POWERS OF THE COMMISSION. Section 995(a)(2) of title 28, United States Code, is amended by striking “grade 18 of the General Schedule pay rates (5 U.S.C. 5332)” and inserting “Level 6 of the Senior Executive Service Schedule (5 U.S.C. 5382)”. SEC. 7106. GRANTING INCENTIVE AWARDS. (a) Defined as Agency.— Section 4501(1) of title 5, United States Code, is amended by— (1) striking “and” at the end of subparagraph (F); (2) adding “and” at the end of subparagraph (G); and (3) adding at the end thereof the following: “(H) the United States Sentencing Commission;”. (b) Powers of Commission.— Section 995(a) of title 28, United States Code, is amended by adding at the end thereof the following. “(24) grant incentive awards to its employees pursuant to chapter 45 of title 5, United States Code.”. (c) Incentive Awards.— Section 996(b) of title 28, United States Code, is amended by inserting before “81”, the following: “45 (Incentive Awards),”. SEC. 7107. TECHNICAL CORRECTION. Section 3582(c) of title 18, United States Code, is amended by striking “28 U.S.C. 994(n)” and inserting “28 U.S.C. 994(o)”. SEC. 7108. PROTECTION OF PUBLIC. (a) Conditions.— Section 3583(d) of title 18, United States Code, is amended— (1) in paragraph (1) by inserting “(a)(2)(C),” after “(a)(2)(B),”, and (2) in paragraph (2) by inserting “(a)(2)(C),” after “(a)(2)(B),” (b) Modification or Revocation.— Section 3583(e) of title 18, United States Code, is amended— (1) by inserting “(a)(2)(C),” after “(a)(2)(B),”; (2) in paragraph (2), by inserting “or” after “supervision;”; (3) by striking out paragraph (3); and (4) by redesignating paragraph (4) as paragraph (3). SEC. 7109. AUTHORITY TO AMEND GUIDELINES. Subsection (p) of section 994 of title 28, United States Code, is amended to read as follows: “(p) The Commission, at or after the beginning of a regular session of Congress, but not later than the first day of May, may promulgate under subsection (a) of this section and submit to Congress amendments to the guidelines and modifications to previously submitted amendments that have not taken effect, including modifications to the effective dates of such amendments. Such an amendment or modification shall be accompanied by a statement of the reasons therefor and shall take effect on a date specified by the Commission, which shall be no earlier than 180 days after being so submitted and no later than the first day of November of the calendar year in which the amendment or modification is submitted, except to the extent that the effective date is revised or the amendment is otherwise modified or disapproved by Act of Congress.”. SEC. 7110. CLARIFICATION OF RESTITUTION PROVISION. Sec. 3563(b)(3) of title 18, United States Code, is amended by striking “3556” and inserting “3663 and 3664 (but not subject to the limitations of 3663(a))”. SEC. 7111. AMENDMENT TO RULE 4, RULES OF APPELLATE PROCEDURE. Rule 4(b) of the Rules of Appellate Procedure is amended— 28 USC app. (1) in the first sentence, by inserting “(i)” after “entry of”, and inserting “or (ii) a notice of appeal by the Government” at the end; and (2) in the sentence beginning “When an appeal by the government is authorized”, by inserting “(i)” after “entry of”, and inserting “or (ii) a notice of appeal by any defendant” at the end. Subtitle D— Victim Compensation and Assistance SEC. 7121. VICTIMS OF CRIME ACT OF 1984 REAUTHORIZATION. (a) In General.— Subsection (c) of section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601(c)) is amended to read as follows: “(c) (1) (A) If the total deposited in the Fund during a particular fiscal year reaches the ceiling sum described in subparagraph (B), the excess over the ceiling sum shall not be part of the Fund. The first $2,200,000 of such excess shall be available to the judicial branch for administrative costs to carry out the functions of the judicial branch under sections 3611 and 3612 of title 18, United States Code, and the remaining excess shall be deposited in the general fund of the Treasury. “(B) The ceiling sum referred to in subparagraph (A) is— “(i) $125,000,000 through fiscal year 1991; and “(ii) $150,000,000 thereafter through fiscal year 1994. “(2) No deposits shall be made in the Fund after September 30, 1994.”. (b) Use of Sums in Excess of Prior Cap.— (1) Section 1402(d)(2) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(2)) is amended by adding at the end the following: “(D) Any deposits in the Fund in a particular fiscal year in excess of $110,000,000 shall be available as follows: “(i) 47.5 percent shall be available for grants under section 1403; “(ii) 47.5 percent shall be available for grants under section 1404(a); and “(iii) 5 percent shall be available for grants under section 1404(c)(1)(B).”. (2) Section 1402(d)(2)(C) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(2)(C)) is amended by inserting “, but not in excess of $110,000,000,” after “$105,500,000”. SEC. 7122. VICTIMS ASSISTANCE AMENDMENT. Section 1404(a)(2) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(a)(2)) is amended— (1) by inserting after subparagraph (A) the following: “(B) certify that funds shall be made available for grants to programs which serve previously underserved populations of victims of violent crime. The Director, after consultation with State and local officials and representatives from private organizations, shall issue guidelines to implement this section that provide flexibility to the States in determining the populations of victims of violent crimes that may be underserved in their respective States;”; and (2) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D) accordingly. SEC. 7123. ESTABLISHMENT OF OFFICE FOR VICTIMS OF CRIME. (a) In General.— The Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amended by adding at the end the following: “Sec. 1411. “establishment of office for victims of crime (a) There is established within the Department of Justice an Office for Victims of Crime (hereinafter in this chapter referred to as the ‘Office’). “(b) The Office shall be headed by a Director (referred to in this chapter as the ‘Director’), who shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall report to the Attorney General through the Assistant Attorney General for the Office of Justice Programs and shall have final authority for all grants, cooperative agreements, and contracts awarded by the Office. The Director shall not engage in any employment other than that of serving as the Director, nor shall the Director hold any office in, or act in any capacity for, any organization, agency, or institution with which the Office makes any contract or other agreement under this part. “(c) The Director shall have the following duties: “(1) Administering funds made available by section 1402. “(2) Providing funds to eligible States pursuant to sections 1403 and 1404. “(3) Establishing programs in accordance with section 1404(c) on terms and conditions determined by the Director to be consistent with that subsection. “(4) Cooperating with and providing technical assistance to States, units of local government, and other public and private organizations or international agencies involved in activities related to crime victims. “(5) Such other functions as the Attorney General may delegate.”. (b) Conforming Amendments.— (1) Section 1403(a)(1) of the Victims of Crime Act of 1984 (42 U.S.C. 10602) is amended by striking “Attorney General” and inserting “Director”. (2) Section 1403(a)(2) of the Victims of Crime Act of 1984 (42 U.S.C. 10602) is amended by striking “Attorney General” and inserting “Director”. (3) Section 1403(b)(6) of the Victims of Crime Act of 1984 (42 U.S.C. 10602) is amended by striking “Attorney General” and inserting “Director”. (4) Section 1404(a)(1) of the Victims of Crime Act of 1984 (42 U.S.C. 10603) is amended by striking “Attorney General” and inserting “Director”. (5) Section 1404(a)(2)(C) of the Victims of Crime Act of 1984 (42 U.S.C. 10603) is amended by striking “Attorney General” and inserting “Director”. (6) Section 1404(c)(1) of the Victims of Crime Act of 1984 (42 U.S.C. 10603) is amended by striking “Attorney General, acting through the Assistant Attorney General for the Office of Justice Programs” and inserting “Director”. (7) Section 1404(c)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 10603) is amended by striking “Assistant Attorney General for the Office of Justice Programs” and inserting “Director”. (8) Section 1404(c)(3)(D) of the Victims of Crime Act of 1984 (42 U.S.C. 10603) is amended by striking “Attorney General may assign” and inserting “Director deems appropriate”. (9) Section 1404(c)(4) of the Victims of Crime Act of 1984 (42 U.S.C. 10603) is amended by striking “Attorney General” and inserting “Director”. (10) Section 1407(a) of the Victims of Crime Act of 1984 (42 U.S.C. 10604) is amended by— (A) striking “Attorney General” each place it appears and inserting “Director”; and (B) striking “and may delegate to any officer or employee of the Department of Justice any such function as the Attorney General deems appropriate”. (11) Section 1407(b) of the Victims of Crime Act of 1984 (42 U.S.C. 10604) is amended by striking “Attorney General” and inserting “Director”. (12) Section 1407(c) of the Victims of Crime Act of 1984 (42 U.S.C. 10604) is amended by striking “Attorney General or any duly authorized representative of the Attorney General” and inserting “Director”. (13) Section 1407(f) of the Victims of Crime Act of 1984 (42 U.S.C. 10604) is amended by striking “Attorney General” each place it appears and inserting “Director”. (14) Section 1407(g) of the Victims of Crime Act of 1984 (42 U.S.C. 10604) is amended by— (A) striking “Attorney General” each place it appears and inserting “Director”; and (B) striking “no later than December 31, 1987” and inserting “on December 31, 1990, and on December 31 every 2 years thereafter”. SEC. 7124. GRANTS FOR INDIAN COUNTRY. Section 1402 of the Victims of Crime Act of 1984 is amended by adding at the end the following: “(g) (1) The Attorney General, acting through the Director, shall use 15 percent of the funds available under subsection (d)(2)(A)(iv) to make grants for the purpose of assisting Native American Indian tribes in developing, establishing, and operating programs designed to improve— “(A) the handling of child abuse cases, particularly cases of child sexual abuse, in a manner which limits additional trauma to the child victim; and “(B) the investigation and prosecution of cases of child abuse, particularly child sexual abuse.”. “(2) As used in this subsection, the term “tribe” has the meaning given that term in section 4(b) of the Indian Self-Determination and Education Assistance Act.”. SEC. 7125. OTHER AMENDMENTS TO VICTIMS OF CRIME ACT OF 1984. (a) New Criteria.— Section 1403(b) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(b)) is amended— (1) by inserting after paragraph (5) the following: “(6) such program provides compensation to residents of the State who are victims of crimes occurring outside the State if— “(A) the crimes would be compensable crimes had they occurred inside that State; and “(B) the places the crimes occurred in are States not having eligible crime victim compensation programs; “(7) such program does not, except pursuant to rules issued by the program to prevent unjust enrichment of the offender, deny compensation to any victim because of that victim’s familial relationship to the offender, or because of the sharing of a residence by the victim and the offender; and”; and (2) by redesignating paragraph (6) as paragraph (8). (b) Increase of State Annual Grant Amount.— Section 1403(a) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(a)) is amended by striking out “35 percent” each place it appears and inserting “40 percent” in lieu thereof. (c) Adding Victims of Drunk Driving and Domestic Violence.— (1) Paragraph (1) of section 1403(b) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(b)(1)) is amended to read as follows: “(1) such program is operated by a State and offers compensation to victims and survivors of victims of criminal violence, including drunk driving and domestic violence;”. (2) Section 1403(d)(3) of the Victims of Crime Act (42 U.S.C. 10602(d)(3)) is amended by inserting “, and includes driving while intoxicated and domestic violence” after “program”. (d) Change in Victim Compensation Criteria.— Section 1403(b)(5) (42 U.S.C. 10602(b)(5)) of the Victims of Crime Act of 1984 is amended to read as follows: “(5) such program provides compensation to victims of Federal crimes occurring within the State on the same basis that such program provides compensation to victims of State crimes;”. (e) Removal Of Obsolete Provision.— Section 1403 of the Victims of Crime Act of 1984 (42 U.S.C. 10602) is amended by striking subsection (c). SEC. 7126. TREATMENT OF EYEGLASSES. (a) Not To Be Considered Property.— Section 1403(d)(1) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(d)(1)) is amended by inserting “, eyeglasses or other corrective lenses,” after “prosthetic devices”. (b) To Be Included in Medical Expenses.— Section 1403(d)(2) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(d)(2)) is amended— (1) by inserting “eyeglasses and other corrective lenses, for” after “crime victim compensation program, expenses for”; and (2) by inserting a comma after “prosthetic devices”. SEC. 7127. INCLUSION OF VIRGIN ISLANDS AS STATE FOR ALL PURPOSES OF ACT. Section 1404(d)(1) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(d)(1)) is amended by inserting “the United States Virgin Islands,” after “the Commonwealth of Puerto Rico,”. SEC. 7128. ALLOCATION TO STATES. (a) In General.— (1) Section 1404(a)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(a)(3)) is amended by striking out “$100,000” and inserting “the base amount” in lieu thereof. (b) Conforming Amendment.— Section 1404(a)(4) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(a)(4)) is amended by striking out “$100,000” and inserting “the base amount” in lieu thereof. (c) Definition.— Section 1404(a) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(a)) is amended by adding at the end the following: “(5) As used in this subsection, the term “base amount” means— “(A) $150,000 for fiscal years 1989 through 1991; and “(B) $200,000 thereafter through fiscal year 1994.”. SEC. 7129. TRANSITION RULE. The amendments made by this chapter shall not apply with respect to a State compensation program that was an eligible State crime victim compensation program on the date of the enactment of this Act until October 1, 1990. SEC. 7130. RETROACTIVE TRANSFER TO FUND. An amount equivalent to those sums which would have been placed in the Fund under section 1402(b)) of the Victims of Crime Act, but for the effect of section 1402(c)(2) of such Act, is hereby transferred to the Fund from any sums not appropriated from the general treasury. Subtitle E— Federal Aviation Administration Drug Enforcement Assistance SEC. 7201. SHORT TITLE. This subtitle may be cited as the “Federal Aviation Administration Drug Enforcement Assistance Act of 1988”. SEC. 7202. FINDINGS AND POLICY. (a) Findings.— Congress makes the following findings: (1) Illegal drug consumption and the trafficking in illegal drugs is a major problem in the United States. (2) The smuggling of drugs into the United States through the use of general aviation aircraft is a major contributing factor in the illegal drug crisis facing our Nation. (3) The Federal Government has a significant role in combatting such drug crisis. (4) The Federal Aviation Administration has played an important role in assisting law enforcement agencies in certain aspects of drug interdiction and enforcement activities. (5) The current systems of registering aircraft, certificating pilots, and processing major aircraft repair and alteration forms and enforcement of the requirements associated with such systems need to be improved in order to more effectively contribute to drug interdiction and enforcement efforts. (6) Improving such systems and enforcement of such requirements will require providing the Federal Aviation Administration with additional funding and other resources. (7) Improved systems of registering aircraft, certificating pilots, and processing major aircraft repair and alteration forms and increased enforcement of requirements associated with such systems will benefit all users of such systems (including law enforcement officials) and the general public. (b) Policy.— Section 103 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1303) is amended by redesignating paragraphs (a), (b), (c), (d), and (e) (and any references thereto) as paragraphs (1), (2), (3), (4), and (5), respectively, by striking out the semicolons at the end of each of paragraphs (1), (2), (3), and (4) (as so redesignated) and inserting in lieu thereof a period, and by adding at the end thereof the following new paragraph: “(6) The provision of assistance to law enforcement agencies in the enforcement of laws relating to the regulation of controlled substances, to the extent consistent with aviation safety.”. SEC. 7203. AIRCRAFT REGISTRATION SYSTEM. (a) Modification Authority.— Section 501 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1401) is amended by adding at the end thereof the following new subsection: “(h) Modification of System.— The Administrator is authorized and directed to make such modifications in the system established under this title for registration and recordation of aircraft as may be necessary to make such system more effective in serving the needs of buyers and sellers of aircraft, officials responsible for enforcement of laws relating to the regulation of controlled substances (as defined in section 102 of the Controlled Substances Act), and other users of such system. Such modifications may include a system of titling aircraft or of registering all aircraft whether or not operated, shall assure positive, verifiable, and timely identification of the true owner, and shall address, at a minimum, each of the following deficiencies in and abuses of the existing system: “(1) The registration of aircraft to fictitious persons. “(2) The use of false or nonexistent addresses by persons registering aircraft. “(3) The use by a person registering an aircraft of a post office box or ‘mail drop’ as a return address for the purpose of evading identification of such person’s address. “(4) The registration of aircraft to corporations and other entities established to facilitate unlawful activities. “(5) The submission of names of individuals on applications for registration of aircraft which are not identifiable. “(6) The ability to make frequent legal changes in the registration markings which are assigned to aircraft. “(7) The use of false registration markings on aircraft. “(8) The illegal use of ‘reserved’ registration markings on aircraft. “(9) The large number of aircraft which are classified as being in ‘self-reporteid status’. “(10) The lack of a system to assure timely and adequate notice of the transfer of ownership of aircraft. “(11) The practice of allowing temporary operation and navigation of aircraft without issuance of a certificate of registration under this section.”. (b) Conforming Amendment to Table of Contents.— That portion of the table of contents contained in section 1 of such Act relating to section 501 of such Act is amended by adding at the end thereof the following: “(h) Modification of system.”. SEC. 7204. REVOCATION OF AIRMAN CERTIFICATES. (a) Limitation on Reissuance of Revoked Certificates.— Section 602(b) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1422(b)) is amended by striking out subparagraphs (A) and (B) of paragraph (2) and inserting in lieu thereof the following: “(2) Limitation on reissuance of revoked certificates.— “(A) General rule.— Except as provided in subparagraphs (B) and (C), the Administrator shall not issue an airman certificate to any person whose airman certificate has been revoked under section 609(c). “(B) Special rule for law enforcement purposes.— The Administrator may issue an airman certificate to any person whose airman certificate has been revoked under section 609(c) if the Administrator determines that issuance of such certificate will facilitate law enforcement efforts.”. (b) Waiver of Revocation Requirement.— Section 609(c) of such Act (49 U.S.C. 1429(c)) is amended by adding at the end thereof the 49 USC app. 1429. following new paragraph: “(5) Waiver of revocation requirement.— Upon request of a Federal or State law enforcement official, the Administrator may waive the requirements of paragraphs (1) and (2) that an airman certificate of any person be revoked if the Administrator determines that such waiver will facilitate law enforcement efforts.”. SEC. 7205. MODIFICATION OF SYSTEM FOR ISSUING AIRMAN’S CERTIFICATES TO PILOTS. (a) Modification Authority.— Section 602 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1422) is amended by adding at the end thereof the following new subsection: “(d) Modification of System.— The Administrator is authorized and directed to make such modifications in the system established under this title for issuance of airman’s certificates to pilots as may be necessary to make such system more effective in serving the needs of pilots and officials responsible for enforcement of laws relating to the regulation of controlled substances (as defined in Fraud. section 102 of the Controlled Substances Act). Such modifications shall assure positive and verifiable identification of each person applying for or holding such a certificate and shall address, at a minimum, each of the following deficiencies in and abuses of the existing system: “(1) The use of fictitious names and addresses by applicants for such certificates. “(2) The use of stolen or fraudulent identification in applying for such certificates. “(3) The use by a person applying for such a certificate of a post office box or ‘mail drop’ as a return address for the purpose of evading identification of such person’s address. “(4) The use of counterfeit and stolen airman’s certificates by pilots. “(5) The absence of information concerning physical characteristics of holders of such certificates.”. (b) Conforming Amendment to Table of Contents.— That portion of the table of contents contained in section 1 of such Act relating to section 602 of such Act is amended by adding at the end thereof the following: “(d) Modification of system.”. SEC. 7206. MODIFICATION OF SYSTEM FOR PROCESSING FORMS FOR ALTERATIONS OF FUEL SYSTEMS. (a) Modification Authority.— Section 605 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1425) is amended by adding at the end thereof the following new subsection: “(c) Modification of System.— The Administrator is authorized and directed to make such modifications in the system established under this title for processing forms for major repairs or alterations of fuel tanks and fuel systems of aircraft as may be necessary to make such system more effective in serving the needs of users of such system, including officials responsible for enforcement of laws relating to the regulation of controlled substances (as defined in section 102 of the Controlled Substances Act). Such modifications shall address, at a minimum, each of the following deficiencies in and abuses of the existing system: “(1) The lack of a special identification feature to permit such forms to be easily distinguished from other major repair and alteration forms. “(2) The excessive amount of time required for receiving such forms at the Airmen and Aircraft Registry of the Federal Aviation Administration. “(3) The backlog of such forms which are awaiting processing at the Airmen and Aircraft Registry. “(4) The lack of ready access by law enforcement officials to information contained on such forms.”. (b) Conforming Amendment to Table of Contents.— That portion of the table of contents contained in section 1 of such Act relating to section 605 of such Act is amended by adding at the end thereof the following: “(c) Modification of system.”. SEC. 7207. REGISTRATION, CERTIFICATION, AND FUEL SYSTEM ALTERATION REGULATIONS. (a) Rulemaking.— Not later than 10 months after the date of the 49 USC 1401 note. enactment of this subtitle, the Administrator shall issue final regulations for carrying out the objectives of sections 501(h), 602(d), and 605(c) of the Federal Aviation Act of 1958 and provide a written explanation of how such regulations address each of the deficiencies and abuses required to be addressed by such sections. Such regulations shall include, but not limited to, a requirement that each individual listed in an application for registration of an aircraft provide, together with such application, his or her driver’s license number and each person (other than an individual) listed in such an application provide, together with such application, its Federal tax identification number. (b) Consultation Requirement.— In issuing regulations in accordance with this section, the Administrator shall consult the Drug Enforcement Administration of the Department of Justice, the United States Customs Service, other Federal law enforcement officials, representatives of State and local law enforcement officials, representatives of the general aviation aircraft industry, representatives of users of general aviation aircraft, and other interested persons. (c) Fees.— (1) General Rules.— Section 313 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1354) is amended by adding at the end thereof the following new subsection: “(f) Processing Fees.— “(1) Establishment and collection.— The Administrator may establish and collect such fees as may be necessary to cover the costs associated with issuance of certificates of registration of aircraft, issuance of airman certificates to pilots, and processing of forms for major repairs and alterations of fuel tanks and fuel systems of aircraft. “(2) Maximum fee schedule.— The amount of any fee which may be collected under this subsection— “(A) with respect to issuance of an airman’s certificate to a pilot may not exceed $12; “(B) with respect to registration of an aircraft after transfer of ownership may not exceed $25; “(C) with respect to renewal of an aircraft registration may not exceed $15; and “(D) with respect to processing of a form for a major repair or alteration of a fuel tank or fuel system of an aircraft may not exceed $7.50. The amounts established by this paragraph shall be adjusted by the Administrator for changes in the Consumer Price Index of All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. “(3) Limitation.— No fee may be collected under this subsection before the date on which the final regulations referred to in section 7207(a) of the Federal Aviation Administration Drug Enforcement Assistance Act of 1988 take effect. “(4) Credit to account; availability.— The amount of fees collected under this subsection shall be credited to the account in the United States Treasury from which expenses were incurred by the Administrator for carrying out titles V and VI of this Act and shall be available to the Administrator for paying expenses for which such fees are collected.”. (2) Conforming amendment to table of contents.— That portion of the table of contents contained in section 1 of such Act relating to section 313 is amended by adding at the end thereof the following: “(f) Processing fees.”. (3) Conforming amendment to section 334 of title 49.— The first sentence of section 334 of title 49, United States Code, is amended by striking out “only when” and all that follows through the period and inserting in lieu thereof the following: “only when— “(1) the charge— “(A) was in effect on January 1, 1973, and “(B) is not more than the charge that was in effect on such date, adjusted in proportion to changes in the Consumer Price Index of All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor between January 1, 1973, and the date the charge is imposed; or “(2) the charge is a fee established and collected in accordance with section 313(f) of the Federal Aviation Act of 1958.”. (4) GAO audit.— During the 5-year period beginning after the date on which fees are first collected under section 313(f) of the Federal Aviation Act of 1958, the Comptroller General shall conduct an annual audit of the collection and use of such fees for the purpose of ensuring that such fees do not exceed the costs for which they are collected and submit to Congress a report on the results of such audit. (d) Report.— Not later than 180 days after the date of the enactment of this subtitle and annually thereafter during the 5-year period beginning on such 180th day, the Administrator shall prepare and transmit to Congress a report on the following: (1) The status of the rulemaking process, issuance of regulations, and implementation of regulations in accordance with this section. (2) The progress being made in reducing the number of aircraft classified by the Federal Aviation Administration as being in “sale-reported status”. (3) The progress being made in expediting the filing and processing of forms for major repairs and alterations of fuel tanks and fuel systems of aircraft. (4) The status of establishing and collecting fees under section 313(f) of the Federal Aviation Act. (e) Definitions.— For purposes of this subtitle— (1) Administrator.— The term “Administrator” means the Administrator of the Federal Aviation Administration. (2) Aircraft.— The term “aircraft” has the meaning such term has under section 101 of the Federal Aviation Act of 1958. SEC. 7208. CIVIL PENALTIES. (a) Relating to Ownership and Registration.— Section 901(a)(1) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1471(a)(1)) is amended by inserting before the period at the end of the first sentence the following: “and for each such violation which relates to registration or recordation of an aircraft under title V”. (b) Administrative Assessment.— Section 901(a) of such Act (49 U.S.C. App. 1471(a)) is amended by adding at the end thereof the following new paragraph: “(3) Administrative assessment of certain registration and recordation violations.— “(A) General authority.— The Administrator, or his delegate, may assess a civil penalty for a violation of title V, or a rule, regulation, or order issued thereunder, which relates to registration or recordation of an aircraft upon written notice and finding of violation by the Administrator. “(B) No reexamination of liability or amount.— In the case of a civil penalty assessed by the Administrator under this paragraph, the issue of liability or amount of civil penalty shall not be reexamined in any subsequent suit for collection of such civil penalty. “(C) Continuing jurisdiction of district courts.— Notwithstanding subparagraph (A), the United States district courts shall have exclusive jurisdiction of any civil penalty action initiated by the Administrator— “(i) which involves an amount in controversy in excess of $50,000; “(ii) which is an in rem action or in which an in rem action based on the same violation has been brought; “(iii) regarding which an aircraft subject to lien has been seized by the United States; and “(iv) in which a suit for injunctive relief based on the violation giving rise to the civil penalty has also been brought. “(D) Limitations.— “(i) Hearing.— A civil penalty may be assessed by the Administrator under this paragraph only after notice and opportunity for a hearing on the record in accordance with section 554 of title 5, United States Code. “(ii) Violations.— This paragraph only applies to civil penalties initiated by the Administrator after the date of the enactment of this paragraph. “(iii) Maximum amount.— The maximum amount of a civil penalty which may be assessed by the Administrator under this paragraph in any case may not exceed $50,000.”. SEC. 7209. CRIMINAL PENALTIES. (a) In General.— Subsection (b) of section 902 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1472) is amended by redesignating paragraph (3) as paragraph (5) and by striking out the subsection heading and paragraphs (1) and (2) and inserting in lieu thereof the following: “(b) Forgery of Certificates, False Marking of Aircraft, and Other Aircraft Registration Violations.— “(1) Description of violations.— It shall be unlawful for any person— “(A) to knowingly and willfully forge, counterfeit, alter, or falsely make any certificate authorized to be issued under this Act, or to knowingly sell, use, attempt to use, or possess with the intent to use any such fraudulent certificate; “(B) to obtain any certificate authorized to be issued under this Act by knowingly and willfully falsifying, concealing, or covering up a material fact, or making a false, fictitious, or fraudulent statement or representation, or making or using any false writing or document knowing the writing or document to contain any false, fictitious, or fraudulent statement or entry; “(C) who is the owner of an aircraft eligible for registration under section 501, to knowingly and willfully operate, attempt to operate, or permit any other person to operate such aircraft if such aircraft is not registered under section 501 or the certificate of registration of such aircraft is suspended or revoked, or if such owner knows or has reason to know that such person does not have proper authorization to operate or navigate the aircraft without registration for a period of time after transfer of ownership; “(D) to knowingly and willfully operate or attempt to operate an aircraft eligible for registration under section 501 knowing that such aircraft is not registered under section 501, that the certificate of registration of such aircraft is suspended or revoked, or that such person does not have proper authorization to operate or navigate such aircraft without registration for a period of time after transfer of ownership; “(E) to knowingly and willfully serve, or attempt to serve, in any capacity as an airman without a valid airman certificate authorizing such person to serve in such capacity; “(F) to knowingly and willfully employ for service or utilize any airman who does not possess a valid airman certificate authorizing such person to serve in such capacity; “(G) to operate an aircraft with a fuel tank or fuel system which has been installed or modified on the aircraft knowing that such tank or system or the installation or modification of such tank or system is not in accordance with all applicable rules, regulations, and requirements of the Administrator; or “(H) to knowingly and willfully display or cause to be displayed on any aircraft any marks which are false or misleading as to the nationality or registration of the aircraft. “(2) Penalties.— Any person who commits a violation of paragraph (1) shall be, upon conviction, subject to— “(A) a fine of not more than $15,000 or imprisonment for a term of not more than 3 years, or both; or “(B) a fine of not more than $25,000 or imprisonment for a term of not more than 5 years, or both, if such violation was in connection with the act of transportation by aircraft of a controlled substance or of the aiding or facilitating of a controlled substance offense where such act is punishable by death or imprisonment for a term exceeding 1 year under a State or Federal law or is provided in connection with any act which is punishable by death or imprisonment for a term exceeding 1 year under a State or Federal law relating to a controlled substance (other than a law relating to simple possession of a controlled substance). Any term of imprisonment imposed under subparagraph (B) shall be in addition to, and shall not be served concurrently with, any other term of imprisonment imposed on such person. “(3) Seizure of aircraft.— “(A) By dea or customs.— An aircraft used in connection with, or in aiding or facilitating, a violation of paragraph (1) whether or not a person is charged in connection with such violation, may be seized and forfeited by the Drug Enforcement Administration of the Department of Justice or the United States Customs Service in accordance with the customs laws. “(B) Presumptions.— For purposes of subparagraph (A), an aircraft shall be presumed to have been used in connection with, or to aid or facilitate a violation of— “(i) paragraph (1)(B) if the aircraft is registered to a fictitious or false person; “(ii) paragraph (1)(B) if the application form used to obtain the aircraft registration certificate contains a material false statement; “(iii) paragraph (1)(A) if the registration for the aircraft has been forged, counterfeited, altered, or falsely made; “(iv) paragraph (1)(C) if the aircraft has been operated while it is not registered under section 501; “(v) paragraph (1)(H) if there is an external display of false or misleading registration numbers or false or misleading country of registration; “(vi) paragraph (1)(G) if there is on the aircraft a fuel tank or fuel system which has not been installed or modified in accordance with all applicable rules, regulations, and requirements of the Administrator; and “(vii) paragraph (1)(G) if, in the case of an aircraft on which a fuel tank or fuel system has been installed or modified, a certificate required to be issued by the Administrator for such installation or modification is not carried aboard the aircraft. “(C) Memorandum of understanding.— The Federal Aviation Administration, the Drug Enforcement Administration, and the United States Customs Service shall enter into a memorandum of understanding for the purpose of establishing procedures for carrying out the objectives of this paragraph. “(4) controlled substance defined.— For purposes of this section, the term ‘controlled substance’ has the meaning that such term has under section 102 of the Controlled Substances Act (21 U.S.C. 802).”. (b) Conforming Amendments.— (1) Section 902(b)(5).— Paragraph (5) of section 902(b) of such Act, as redesignated by subsection (a) of this section, is amended by inserting “Effect on state law.—” before “Nothing” and by aligning such paragraph with paragraph (2) of such subsection, as inserted by subsection (a) of this section. (2) Table of contents.— That portion of the table of contents contained in section 1 of such Act relating to section 902 is amended by striking out “(b) Forgery of certificates and false marking of aircraft.” and by inserting in lieu thereof “(b) Forgery of certificates, false marking of aircraft, and other aircraft registration violations.”. (c) Lighting Violations.— (1) In General.— Subsection (q) of section 902 of such Act (49 U.S.C. App. 1472) is amended— (A) by striking out the section heading and paragraph (1) and inserting in lieu thereof the following: “(q) Lighting Violations in Connection With Transportation of Controlled Substances.— “(1) Description of violation.— It shall be unlawful, in connection with an act described in paragraph (2) and with knowledge of such act, for any person to knowingly and willfully operate an aircraft in violation of any rule, regulation, or requirement issued by the Administrator with respect to the display of navigation or anticollision lights.”; and (B) by striking out paragraphs (4), (5), and (6). (2) Conforming Amendments.— (A) Section 902(q).— Section 902(q) of such Act is amended— (i) in paragraph (2) by inserting “Relationship to controlled substance offenses.—” before “The act”; (ii) in paragraph (3) by inserting “Penalty.—” before “A person”; and (iii) by aligning such paragraphs with paragraph (1) of such section, as amended by paragraph (1) of this subsection. (B) Table of contents.— That portion of the table of contents contained in section 1 of such Act relating to section 902 is amended by striking out “(q) Violations in connection with transportation of controlled substances.” and by inserting in lieu thereof “(q) Lighting violations in connection with transportation of controlled substances.”. SEC. 7210. INFORMATION COORDINATION. Not later than 180 days after the date of the enactment of this subtitle and annually thereafter during the 3-year period beginning on such 180th day, the Administrator shall prepare and transmit to Congress a report on the following: (1) The progress made in establishing a process for provision of informational assistance by such Administration to officials of Federal, State, and local law enforcement agencies. (2) The progress made in establishing a process for effectively pursuing suspensions and revocations of certificates of registration and airman certificates in accordance with the amend-ments made to the Federal Aviation Act of 1958 by the Aviation Drug-Trafficking Control Act, section 3401 of the Anti-Drug Abuse Act of 1986, and this subtitle. (3) The efforts of such Administration in assessing and defining the appropriate relationship of such Administration’s informational assistance resources (including the El Paso Intelligence Center and the Law Enforcement Assistance Unit of the Aeronautical Center of such Administration). (4) The progress made in issuing guidelines on (A) the reporting of aviation sensitive drug-related information, and (B) the development, in coordination with the Drug Enforcement Administration of the Department of Justice and the United States Customs Service, of training and educational policies to assist employees of such Administration to better understand (i) the trafficking of controlled substances (as defined in section 102 of the Controlled Substances Act), and (ii) the role of such Administration with respect to such trafficking. (5) The progress made in improving and expanding such Administration’s role in the El Paso Intelligence Center. SEC. 7211. FUNDING AND OTHER RESOURCES. (a) 5-Year Cost Report.— No later than 30 days after the date on which the final regulations referred to in section 7207(a) of this subtitle are issued, the Administrator shall prepare and transmit to Congress a report on the resources (including funding and positions) which will be necessary on an annual basis during the 5-year period beginning after such 30th day to implement the objectives of this subtitle (including the amendments made by this subtitle). (b) Applicability of Paperwork Reduction Act.— No information collection requests necessary to carry out the objectives of this subtitle (including the amendments made by this subtitle) shall be subject to or affect, directly or indirectly, the annual information collection budget goals established for the Federal Aviation Administration and the Department of Transportation under chapter 35 of title 44, United States Code. (c) Review of Certain Grade-Level Classifications.— (1) Applicability.— This subsection applies with respect to— (A) positions within the Airmen and Aircraft Registry of the Federal Aviation Administration; and (B) positions within the Law Enforcement Assistance Unit of the Aeronautical Center of the Federal Aviation Administration. (2) Review; remedy; report.— Not later than 120 days after the date of the enactment of this subtitle, the Office of Personnel Management shall— (A) in accordance with section 5110(a) of title 5, United States Code, review a sufficient number of positions under paragraphs (1)(A) and (1)(B), respectively, to determine whether positions under those respective paragraphs are being placed in appropriate classes and grades; (B) if the Office finds that positions have not been placed in appropriate classes and grades, and after consulting with appropriate officials of the Federal Aviation Administration, exercise any authority under section 5110(b) of title 5, United States Code, which may be necessary to ensure that those positions are placed in their appropriate classes and grades; and (C) transmit to Congress a report on the results of such review and any actions taken in accordance with subparagraph (B). SEC. 7212. USE OF TRANSPONDERS ON AIRCRAFT ENTERING THE UNITED STATES. (a) Study.— The Secretary of Transportation shall study the feasibility, costs, and benefits with respect to drug interdiction of requiring each aircraft entering the continental United States— (1) to have installed an operating transponder; (2) to have a flight plan filed with the Federal Aviation Administration before such entry; (3) to have the signal from such transponder identify, in the most efficient manner, such aircraft; and (4) to have the signal from such transponder which identifies such aircraft provide information which ensures that such aircraft is following its filed flight plan. (b) Report.— Not later than 180 days after the date of the enactment of this subtitle, the Secretary of Transportation shall transmit to Congress a report on the results of the study conducted under this section. SEC. 7213. ESTABLISHMENT OF FLIGHT CORRIDORS. (a) Study.— The Secretary of Transportation, in consultation with the Attorney General and the Secretary of the Treasury, shall study— (1) the feasibility of establishing flight corridors across the borders of the continental United States and intercepting any aircraft which deviate from such corridors; and (2) the impact of the establishment of such corridors on the safe and efficient movement of aircraft and on drug interdiction. (b) Report.— Not later than 180 days after the date of the enactment of this subtitle, the Secretary of Transportation shall transmit to Congress a report on the results of the study conducted under this section. SEC. 7214. LIMITATION ON APPLICABILITY. This subtitle (including any amendments made by this subtitle) shall only apply to aircraft which are not used to provide air transportation (as defined in section 101 of the Federal Aviation Act of 1958). Subtitle F— Juvenile Justice and Delinquency Prevention SEC. 7250. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.— This subtitle may be cited as the “Juvenile Justice and Delinquency Prevention Amendments of 1988”. (b) Table of Contents.— Sec. 7250. Short title; table of contents. Chapter 1— Amendments to the Juvenile Justice and Delinquency Prevention Act of 1974 Sec. 7251. Definitions. Sec. 7252. Establishment of Office of Juvenile Justice and Delinquency Prevention. Sec. 7253. Concentration of Federal efforts. Sec. 7254. Coordinating Council on Juvenile Justice and Delinquency Prevention. Sec. 7255. Annual reports. Sec. 7256. Authority to make grants. Sec. 7257. Allocation. Sec. 7258. State plans. Sec. 7259. National Institute for Juvenile Justice and Delinquency Prevention. Sec. 7260. Information function. Sec. 7261. Research, demonstration, and evaluation functions. Sec. 7262. Technical assistance and training functions. Sec. 7263. Technical and conforming amendments to parts B and C of title II. Sec. 7264. Special studies and reports. Sec. 7265. Authorization of appropriations. Sec. 7266. Technical amendments to part D of title II. Sec. 7267. Prevention and treatment programs relating to juvenile gangs. Chapter 2— Amendments to the Runaway and Homeless Youth Act Sec. 7271. Grants for runaway and homeless youth centers. Sec. 7272. Additional technical amendments. Sec. 7273. Authorization of transitional living projects. Sec. 7274. Reports. Sec. 7275. National communication system. Sec. 7276. Grants for technical assistance and training. Sec. 7277. Grants for research, demonstration, and service projects. Sec. 7278. Annual program priorities. Sec. 7279. Coordination with activities of certain Federal health agencies. Sec. 7280. Authorization of appropriations. Chapter 3— Amendments to the Missing Children’s Assistance Act Sec. 7285. Duties and functions of Administrator. Sec. 7286. Advisory board. Sec. 7287. Grants. Sec. 7288. Competition amendment. Sec. 7289. Authorization of appropriations. Sec. 7290. Additional technical and conforming amendments. Sec. 7291. Special study and report. Chapter 4— Miscellaneous Sec. 7295. Investigation and report by the Comptroller General. Sec. 7296. Effective date; application of amendments. Chapter 1— Amendments to the Juvenile Justice and Delinquency Prevention Act of 1974 SEC. 7251. DEFINITIONS. (a) Definition.— Section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603) is amended— (1) in paragraph (15) by striking “and” at the end, (2) in paragraph (16) by striking the period at the end and inserting a semicolon, and (3) by adding at the end the following: “(17) the term ‘Council’ means the Coordinating Council on Juvenile Justice and Delinquency Prevention established in section 206(a)(1); and “(18) the term ‘Indian tribe’ means— “(A) a federally recognized Indian tribe; or “(B) an Alaskan Native organization.”. (b) Conforming Amendment.— Section 206(a)(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5616(a)(1)) is amended by striking “(hereinafter referred to as the ‘Council’)”. SEC. 7252. ESTABLISHMENT OF OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION. (a) Deputy Administrator.— Section 201(c) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611(c)) is amended— (1) in the first sentence by striking “and whose” and all that follows through “Act”, and (2) in the last sentence by striking “also”. (b) Technical and Conforming Amendments.— (1) Section 103(5) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603(5)) is amended by striking “section 201(c)” and inserting “section 201(b)”. (2) Section 206(a)(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5616(a)(1)) is amended by striking “the Deputy Administrator of the Institute for Juvenile Justice and Delinquency Prevention,”. (3) Section 5315 of title 5, United States Code, is amended by adding at the end the following: “Administrator, Office of Juvenile Justice and Delinquency Prevention.”. (4) Section 5316 of title 5, United States Code, is amended by striking the item relating to the Associate Administrator, Office of Juvenile Justice and Delinquency Prevention of the Law Enforcement Assistance Administration. SEC. 7253. CONCENTRATION OF FEDERAL EFFORTS. (a) Technical Amendment.— Section 204(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5614(a)) is amended by striking “and the National Advisory Committee for Juvenile Justice and Delinquency Prevention”. (b) Publication of Annual Program Plan.— Section 204(b) of 42 USC 5614. the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 3614(b)) is amended— (1) by amending paragraph (5) to read as follows: “(5) (A) develop for each fiscal year, and publish annually in the Federal Register for public comment, a proposed comprehensive plan describing the particular activities which the Administrator intends to carry out under parts C and D in such fiscal year, specifying in detail those activities designed to satisfy the requirements of parts C and D; and “(B) taking into consideration comments received during the 45-day period beginning on the date the proposed plan is published, develop and publish a final plan, before December 31 of such fiscal year, describing the particular activities which the Administrator intends to carry out under parts C and D in such fiscal year, specifying in detail those activities designed to satisfy the requirements of parts C and D; and”, (2) by striking paragraph (6), and (3) by redesignating paragraph (7) as paragraph (6). (c) Reports.— Section 204 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5614) is amended— (1) by striking subsections (c), (d), and (e), (2) in subsection (1)— (A) in paragraph (1)— (i) by striking “which meets any criterion developed by the Administrator under subsection (d)(1)”, and (ii) by striking “subsection (f)” and inserting “subsection (c)”, and (B) in paragraph (2)— (i) by striking “shall be submitted” and all that follows through “subsection (e) and”, and (ii) by striking “under subsection (e)”, (3) by redesignating subsections (f) through (l) as subsections (c) through (i), respectively, and (4) by striking subsection (m). SEC. 7254. COORDINATING COUNCIL ON JUVENILE JUSTICE AND DELINQUENCY PREVENTION. (a) Functions.— Section 206(c) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5616(c)) is amended— (1) in the first sentence by striking “, in consultation with the Advisory Board on Missing Children,”, and (2) in the third sentence— (A) by striking “is authorized to” and inserting “shall”, and (B) by striking “section 223(a)(12)(A) and (13)” and inserting “paragraphs (12)(A), (13), and (14) of section 223(a)”, and (3) by adding at the end the following: “The Council shall review the reasons why Federal agencies take juveniles into custody and shall make recommendations regarding how to improve Federal practices and facilities for holding juveniles in custody.”. (b) Conforming Amendment.— Section 206(d) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5616(d)) is amended by striking “and” and all that follows through “title”. (c) Allocation.— Section 206(g) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5616(g)) is amended to read as follows: “(g) Of sums available to carry out this part, not more than $200,000 shall be available to carry out this section.”. SEC. 7255. ANNUAL REPORTS. Part A of title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611–5616) is amended by adding at the end the following: “Sec. 207. “annual report Not later than 180 days after the end of a fiscal year, 42 USC 5617. the Administrator shall submit to the President, the Speaker of the House of Representatives, and the President pro tempore of the Senate a report that contains the following with respect to such fiscal year: “(1) A detailed summary and analysis of the most recent data available regarding the number of juveniles taken into custody, the rate at which juveniles are taken into custody, and the trends demonstrated by the data required by subparagraphs (A), (B), and (C). Such summary and analysis shall set out the information required by subparagraphs (A), (B), (C), and (D) separately for juvenile nonoffenders, juvenile status offenders, and other juvenile offenders. Such summary and analysis shall separately address with respect to each category of juveniles specified in the preceding sentence— “(A) the types of offenses with which the juveniles are charged; “(B) the race and gender of the juveniles; “(C) the ages of the juveniles; “(D) the types of facilities used to hold the juveniles in custody, including secure detention facilities, secure correctional facilities, jails, and lockups; and “(E) the number of juveniles who died while in custody and the circumstances under which they died. “(2) A description of the activities for which funds are expended under this part, including the objectives, priorities, accomplishments, and recommendations of the Council. “(3) A description, based on the most recent data available, of the extent to which each State complies with section 223 and with the plan submitted under such section by the State for such fiscal year. “(4) A summary of each program or activity for which assistance is provided under part C or D, an evaluation of the results of such program or activity, and a determination of the feasibility and advisability of replicating such program or activity in other locations. “(5) A description of selected exemplary delinquency prevention programs for which assistance is provided under this title, with particular attention to community-based juvenile delinquency prevention programs that involve and assist families of juveniles.”. SEC. 7256. AUTHORITY TO MAKE GRANTS. Section 221 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5631) is amended— (1) by amending the heading to read as follows: (2) by inserting “(a)” after “Sec. 221.”, and (3) by adding at the end the following: “(b) (1) With not to exceed 2 percent of the funds available in a fiscal year to Carry out this part, the Administrator shall make grants to and enter into contracts with public and private agencies, organizations, and individuals to provide technical assistance to States, units of general local governments (and combinations thereof), and local private agencies to facilitate compliance with section 223 and implementation of the State plan approved under section 223(c). “(2) Grants and contracts may be made under paragraph (1) only to public and private agencies, organizations, and individuals that have experience in providing such technical assistance. In providing such technical assistance, the recipient of a grant or contract under this subsection shall coordinate its activities with the State agency described in section 291(c)(1).”. SEC. 7257. ALLOCATION. (a) Minimum Allocation.— Section 222(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5632(a)) is amended— (1) by striking “In” and inserting “(1) Subject to paragraph (2) and in”, (2) by striking the last sentence, and (3) by adding at the end the following: “(2) (A) Subject to paragraph (3), if the aggregate amount appropriated State and local governments. Territories, U.S. for a fiscal year to carry out this title (other than part D) is less than $75,000,000, then the amount allotted to each State for such fiscal year shall be not less than $325,000, except that the amount allotted to the Virgin Islands of the United States, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands shall be not less than $75,000 each. “(B) Subject to paragraph (3), if the aggregate amount appropriated for a fiscal year to carry out this title (other than part D) equals or exceeds $75,000,000, then the amount allotted to each State for such fiscal year shall be not less than $400,000, except that the amount allotted to the Virgin Islands of the United States, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands shall be not less than $100,000 each. “(3) If, as a result of paragraph (2), the amount allotted to a State for a fiscal year would be less than the amount allotted to such State for fiscal year 1988, then the amounts allotted to satisfy the requirements of such paragraph shall be reduced pro rata to the extent necessary to allot to such State for the fiscal year the amount allotted to such State for fiscal year 1988.”. (b) Technical Amendments.— Section 222(b) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5632(b)) is amended— (1) in the first sentence by striking “Except for funds appropriated for fiscal year 1975, if” and inserting “If”, and (2) by striking the second sentence. SEC. 7258. STATE PLANS. (a) Indian Tribes.— Section 223(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)) is amended— (1) in paragraph (5)— (A) in the matter preceding subparagraph (A) by striking “through”, (B) in subparagraph (A)— (i) by inserting “through” after “(A)”, and (ii) by striking “and” at the end, (C) in subparagraph (B)— (i) by inserting “through” after “(B)”, and (ii) by inserting “and” after the semicolon, (D) and by adding at the end the following: “(C) to provide funds for programs of Indian tribes that perform law enforcement functions (as determined by the Secretary of the Interior) and that agree to attempt to comply with the requirements specified in paragraphs (12)(A), (13), and (14), applicable to the detention and confinement of juveniles, an amount that bears the same ratio to the aggregate amount to be expended through programs referred to in subparagraphs (A) and (B) as the population under 18 years of age in the geographical areas in which such tribes perform such functions bears to the State population under 18 years of age,”, and (2) in paragraph (8)(A)— (A) by inserting “(including any geographical area in which an Indian tribe performs law enforcement functions)” after “relevant jurisdiction”, and (B) by inserting “(including the joining of gangs that commit crimes)” after “juvenile crime problems” each place it appears. (b) Detention in Jails and Lockups for Adults.— Section 223(a)(14) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(14)) is amended— (1) by striking “1989” and inserting “1993”, (2) in subparagraph (iii) by striking the period and inserting a semicolon, and (3) by redesignating subparagraphs (i), (ii), and (iii) as subparagraphs (A), (B), and (C), respectively. (c) Overrepresentation of Juveniles of Minority Groups.— Section 223(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)) is amended— (1) in paragraph (22) by striking “and” at the end, (2) by redesignating paragraph (23) as paragraph (24), and (3) by inserting after paragraph (22) the following: “(23) address efforts to reduce the proportion of juveniles detained or confined in secure detention facilities, secure correctional facilities, jails, and lockups who are members of minority groups if such proportion exceeds the proportion such groups represent in the general population; and”. (d) Compliance Requirement for Eligibility.— Section 223(c) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(c)) is amended— (1) by striking “subpart” and inserting “part”, (2) by inserting “(1)” after “(c)”, (3) by striking the last sentence, and (4) by adding at the end the following: “(2) Failure to achieve compliance with the requirements of subsection (a)(14) within the 5-year time limitation shall terminate any State’s eligibility for funding under this part unless the Administrator— “(A) determines, in the discretion of the Administrator, that such State has— “(i) (I) removed not less than 75 percent of juveniles from jails and lockups for adults; or “(II) achieved substantial compliance with such subsection; and “(ii) made, through appropriate executive or legislative action, an unequivocal commitment to achieving full compliance within a reasonable time, not to exceed 3 additional years; or “(B) waives the termination of the State’s eligibility on the condition that the State agrees to expend all of the funds to be received under this part by the State (excluding funds required to be expended to comply with subsections (c) and (d) of section 222 and with section 223(a)(5)(C)), only to achieve compliance with subsection (a)(14). “(3) Except as provided in paragraph (2), failure to achieve compliance with the requirements of subsection (a)(14) after December 8, 1985, shall terminate any State’s eligibility for funding under this part unless the Administrator waives the termination of the State’s eligibility on the condition that the State agrees to expend all of the funds to be received under this part by the State (excluding funds required to be expended to comply with subsections (c) and (d) of section 222 and with section 223(a)(5)(C)), only to achieve compliance with subsection (a)(14). “(4) For purposes of paragraph (2)(A)(i)(II), a State may demonstrate that it is in substantial compliance with such paragraph by showing that it has— “(A) removed all juvenile status offenders and nonoffenders from jails and lockups for adults; “(B) made meaningful progress in removing other juveniles from jails and lockups for adults; “(C) diligently carried out the State’s plan to comply with subsection (a)(14); and “(D) historically expended, and continues to expend, to comply with subsection (a)(14) an appropriate and significant share of the funds received by the State under this part.”. SEC. 7259. NATIONAL INSTITUTE FOR JUVENILE JUSTICE AND DELINQUENCY PREVENTION. (a) Supervision.— Section 241(b) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5651(b)) is amended by striking “, and shall” and all that follows through “section 201(c) . (b) State Advisory Groups.— Section 241(f) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5651(f)) is amended— (1) in paragraph (1) by striking “section 224” and inserting “section 261”, (2) by redesignating paragraphs (1), (2), (3), and (4) as subparagraphs (B), (C), (D), and (E), respectively, (3) by inserting “(1)” after “(f)”, and (4) by striking “provide,” and all that follows through “purpose of—”, and inserting the following: “provide technical and financial assistance to an eligible organization composed of member representatives of the State advisory groups appointed under section 223(a)(3) to assist such organization to carry out the functions specified in paragraph (2). “(2) To be eligible to receive such assistance, such organization shall agree to carry out activities that include— “(A) conducting an annual conference of such member representatives for purposes relating to the activities of such State advisory groups;”. (c) Technical Amendment.— Section 241 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5651) is amended by striking subsection (h). SEC. 7260. INFORMATION FUNCTION. Section 242 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5652) is amended— (1) by inserting “Administrator, acting through the” after “The”, (2) by striking “Prevention is authorized to” and inserting “Prevention, shall”, (3) in paragraph (1) by inserting “and” after the semicolon, (4) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively, and (5) by inserting before paragraph (2), as so redesignated, the following: “(1) on a continuing basis, review reports, data, and standards relating to the juvenile justice system in the United States;”. SEC. 7261. RESEARCH, DEMONSTRATION, AND EVALUATION FUNCTIONS. Section 243 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5653) is amended— (1) by striking “National Institute for Juvenile Justice and Delinquency Prevention” and inserting “Administrator, acting through the National Institute for Juvenile Justice and Delinquency Prevention,”, (2) in paragraph (4) by striking “, upon the request of the Deputy Administrator”, (3) in paragraph (5)— (A) in the matter preceding subparagraph (A) by striking “and related matters” and inserting “and the improvement of the juvenile justice system”, (B) in subparagraph (A) by striking “and” at the end, (C) in subparagraph (B) by striking “possible ameliorating roles of familial relationships” and inserting “effectiveness of family-centered treatment programs”, and (D) in subparagraph (D) by striking the period at the end and inserting a semicolon, (4) in paragraph (6) by striking “and” at the end, (5) in paragraph (7) by striking the period and inserting a semicolon, and (6) by adding at the end the following: “(8) develop and support model State legislation consistent with the mandates of this title and the standards developed by the National Advisory Committee for Juvenile Justice and Delinquency Prevention before the date of the enactment of the Juvenile Justice, Runaway Youth, and Missing Children’s Act Amendments of 1984; and “(9) support research relating to reducing the excessive proportion of juveniles detained or confined in secure detention facilities, secure correctional facilities, jails, and lockups who are members of minority groups.”. SEC. 7262. TECHNICAL ASSISTANCE AND TRAINING FUNCTIONS. Section 244 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5654) is amended— (1) by amending the heading to read as follows: (2) by striking “National Institute for Juvenile Justice and Delinquency Prevention” and inserting “Administrator, acting through the National Institute for Juvenile Justice and Delinquency Prevention”, (3) by striking paragraph (3), (4) in paragraph (2) by adding “and” at the end, (5) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively, and (6) by inserting before paragraph (2), as so redesignated, the following: “(1) provide technical assistance and training assistance to Federal, State, and local governments and to courts, public and private agencies, institutions, and individuals in the planning, establishment, funding, operation, and evaluation of juvenile delinquency programs;”. SEC. 7263. TECHNICAL AND CONFORMING AMENDMENTS TO PARTS B AND C OF TITLE II. (a) Technical Amendments.— Title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) is amended— (1) in part B— (A) by striking the heading for subpart I, and (B) by striking subpart II, and 42 USC 5634–5639. (2) in part C— (A) by striking the heading for such part and inserting the following: “Part C— National Programs”, (B) by inserting after the heading for part C the following: “Subpart I— National Institute for Juvenile Justice and Delinquency Prevention”, (C) by striking sections 245 and 246, 42 USC 5656, 5657. (D) in section 249— (i) in subsection (a) by striking “section 248” and inserting “section 245”, (ii) in subsection (b) by striking “section 248(b)” and inserting “section 245(b)”, and (iii) in subsection (c) by striking “section 246” and inserting “section 245”, (E) by redesignating sections 247, 248, and 249 as sections 245, 246, and 247, respectively, and 42 USC 5659–5661. (F) by adding at the end the following: “Subpart II— Special Emphasis Prevention and Treatment Programs “Sec. 261. “authority to make grants and contracts (a) The Administrator shall, by making grants to and 42 USC 5665. entering into contracts with public and private nonprofit agencies, organizations, institutions, and individuals provide for each of the following during each fiscal year: “(1) Establishing or maintaining community-based alternatives to traditional forms of institutionalization of juvenile offenders. “(2) Establishing or implementing effective means of diverting juveniles from the traditional juvenile justice and correctional system, including restitution and reconciliation projects which test and validate selected arbitration models, such as neighborhood courts or panels, and increase victim satisfaction while providing alternatives to incarceration for detained or adjudicated delinquents. “(3) Establishing or supporting programs stressing advocacy activities aimed at improving services to juveniles impacted by the juvenile justice system, including services which encourage the improvement of due process available to juveniles in the juvenile justice system, which improve the quality of legal representation of such juveniles, and which provide for the appointment of special advocates by courts for such juveniles. “(4) Developing or supporting model programs to strengthen and maintain the family unit in order to prevent or treat juvenile delinquency. “(5) Establishing or implementing special emphasis prevention and treatment programs relating to juveniles who commit serious crimes (including such crimes committed in schools), including programs designed to deter involvement in illegal activities or to promote involvement in lawful activities on the part of gangs whose membership is substantially composed of juveniles. “(6) Developing or implementing further a coordinated, national law-related education program of— “(A) delinquency prevention in elementary and secondary schools, and other local sites; “(B) training for persons responsible for the implementation of law-related education programs; and “(C) disseminating information regarding model, innovative, law-related education programs to juvenile delinquency programs, including those that are community based, and to law enforcement and criminal justice agencies for activities related to juveniles. “(7) Addressing efforts to reduce the proportion of juveniles detained or confined in secure detention facilities, secure correctional facilities, jails, and lockups who are members of minority groups if such proportion exceeds the proportion such groups represent in the general population. “(b) The Administrator is authorized, by making grants to and entering into contracts with public and private nonprofit agencies, organizations, institutions, and individuals, to develop and implement new approaches, techniques, and methods designed to— “(1) improve the capability of public and private agencies and organizations to provide services for delinquents and other juveniles to help prevent juvenile delinquency; “(2) develop and implement, in coordination with the Secretary of Education, model programs and methods to keep students in elementary and secondary schools, to prevent unwarranted and arbitrary suspensions and expulsions, and to encourage new approaches and techniques with respect to the prevention of school violence and vandalism; “(3) develop, implement, and support, in conjunction with the Secretary of Labor, other public and private agencies, organizations, business, and industry, programs for the employment of juveniles; “(4) develop and support programs designed to encourage and assist State legislatures to consider and establish policies consistent with this title, both by amending State laws, if necessary, and devoting greater resources to effectuate such policies; “(5) develop and implement programs relating to juvenile delinquency and learning disabilities, including on-the-job training programs to assist law enforcement personnel and juvenile justice personnel to more effectively recognize and provide for learning-disabled and other handicapped juveniles; “(6) develop statewide programs through the use of subsidies or other financial incentives designed to— “(A) remove juveniles from jails and lockups for adults; “(B) replicate juvenile programs designated as exemplary by the National Institute of Justice; or “(C) establish and adopt, based upon the recommendations of the National Advisory Committee for Juvenile Justice and Delinquency Prevention made before the date of the enactment of the Juvenile Justice, Runaway Youth, and Missing Children’s Act Amendments of 1984, standards for the improvement of juvenile justice within each State involved; and “(7) develop and implement model programs, relating to the special education needs of delinquent and other juveniles, which develop locally coordinated policies and programs among education, juvenile justice, and social service agencies. “(c) Not less than 30 percent of the funds available for grants and contracts under this section shall be available for grants to and contracts with private nonprofit agencies, organizations, and institutions which have experience in dealing with juveniles. “(d) Assistance provided under this section shall be available on Discrimination, prohibition. an equitable basis to deal with female, minority, and disadvantaged juveniles, including juveniles who are mentally, emotionally, or physically handicapped. “(e) Not less than 5 percent of the funds available for grants and Territories, U.S. contracts under this section shall be available for grants and contracts designed to address the special needs and problems of juvenile delinquency in the Virgin Islands of the United States, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands. “Sec. 262. “considerations for approval of applications (a) Any agency, institution, or individual desiring to receive a grant, or enter into a contract, under this part shall submit an application at such time, in such manner, and containing or accompanied by such information as the Administrator may prescribe. “(b) In accordance with guidelines established by the Administrator, each application for assistance under this part shall— “(1) set forth a program for carrying out one or more of the purposes set forth in this part and specifically identify each such purpose such program is designed to carry out; “(2) provide that such program shall be administered by or under the supervision of the applicant; “(3) provide for the proper and efficient administration of such program; “(4) provide for regular evaluation of such program; “(5) certify that the applicant has requested the State planning agency and local agency designated in section 223, if any to review and comment on such application and indicate the responses of such State planning agency and local agency to such request; “(6) attach a copy of the responses of such State planning agency and local agency to such request; “(7) provide that regular reports on such program shall be Reports. sent to the Administrator and to such State planning agency and local agency; and “(8) provide for such fiscal control and fund accounting procedures as may be necessary to ensure prudent use, proper disbursement, and accurate accounting of funds received under this title. “(c) In determining whether or not to approve applications for grants and for contracts under this part, the Administrator shall consider— “(1) the relative cost and effectiveness of the proposed program in carrying out this part; “(2) the extent to which such program will incorporate new or innovative techniques; “(3) if a State plan has been approved by the Administrator under section 223(c), the extent to which such program meets the objectives and priorities of the State plan, taking into consideration the location and scope of such program; “(4) the increase in capacity of the public and private agency, institution, or individual involved to provide services to address juvenile delinquency and juvenile delinquency prevention; “(5) the extent to which such program serves communities which have high rates of juvenile unemployment, school dropout, and delinquency; and “(6) the adverse impact that may result from the restriction of eligibility, based upon population, for cities with a population greater than 40,000 located within States which have no city with a population over 250,000. “(d) (1) (A) Programs selected for assistance through grants or contracts under this part (other than section 241(f)) shall be selected through a competitive process to be established by rule by the Administrator. As part of such a process, the Administrator shall announce in the Federal Register— “(i) the availability of funds for such assistance; “(ii) the general criteria applicable to the selection of applicants to receive such assistance; and “(iii) a description of the procedures applicable to submitting and reviewing applications for such assistance. “(B) The competitive process described in subparagraph (A) shall not be required if the Administrator makes a written determination that— “(i) (I) the proposed program is not within the scope of any announcement issued, or expected to be issued, by the Administrator regarding the availability of funds to carry out programs under this part, but can be supported by a grant or contract in accordance with this part; and “(II) such program is of such outstanding merit, as determined through peer review conducted under paragraph (2), that the award of a grant or contract without competition is justified; or “(ii) the applicant is uniquely qualified to provide proposed training services as provided in section 244 and other qualified sources are not capable of providing such services, and includes in such determination the factual and other bases thereof. “(C) If a program is selected for assistance without competition pursuant to the exception provided in subparagraph (B), the Administrator shall promptly so notify the chairman of the Committee on Education and Labor of the House of Representatives and the chairman of the Committee on the Judiciary of the Senate. Such notification shall include copies of the Administrator’s determina-tion made under such subparagraph and the peer review determination required by paragraph (2). “(2) (A) Programs selected for assistance through grants or contracts under this part (other than section 241(f)) shall be reviewed before selection, and thereafter as appropriate, through a formal peer review process utilizing experts (other than officers and employees of the Department of Justice) in fields related to the subject matter of the proposed program. “(B) Such process shall be established by the Administrator in Reports. consultation with the Directors and other appropriate officials of the National Science Foundation and the National Institute of Mental Health. Before implementation of such process, the Administrator shall submit such process to such Directors, each of whom shall prepare and furnish to the chairman of the Committee on Education and Labor of the House of Representatives and the chairman of the Committee on the Judiciary of the Senate a final report containing their comments on such process as proposed to be established. “(3) The Administrator, in establishing the processes required under paragraphs (1) and (2), shall provide for emergency expedited consideration of the proposed programs if necessary to avoid any delay which would preclude carrying out such programs. “(e) A city shall not be denied assistance under this part solely on the basis of its population. “(f) Notification of grants and contracts made under this part (and the applications submitted for such grants and contracts) shall, upon being made, be transmitted by the Administrator, to the chairman of the Committee on Education and Labor of the House of Representatives and the chairman of the Committee on the Judiciary of the Senate.”. (b) Conforming Amendments.— (1) Section 223(a)(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(1)) is amended by striking “section 261(c)(1)” and inserting “section 291(c)(1)”. (2) Section 246 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5660), as so redesignated by section (a)(2)(E), is amended by striking “section 248” and inserting “section 245”. SEC. 7264. SPECIAL STUDIES AND REPORTS. The Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601) is amended by inserting after section 247, as so redesignated by section 7263(a)(2)(E), the following: “Sec. 248. “special studies and reports (a) Not later than 1 year after the date of the enactment 42 USC 5662. of the Juvenile Justice and Delinquency Prevention Amendments of 1988, the Administrator shall begin to conduct a study with respect to the juvenile justice system— “(1) to review— “(A) conditions in detention and correctional facilities for juveniles; and “(B) the extent to which such facilities meet recognized national professional standards; and “(2) to make recommendations to improve conditions in such facilities. “(b) (1) Not later than 1 year after the date of the enactment of the Juvenile Justice and Delinquency Prevention Amendments of 1988, the Administrator shall begin to conduct a study to determine— “(A) how juveniles who are American Indians and Alaskan Natives and who are accused of committing offenses on and near Indian reservations and Alaskan Native villages, respectively, are treated under the systems of justice administered by Indian tribes and Alaskan Native organizations, respectively, that perform law enforcement functions; “(B) the amount of financial resources (including financial assistance provided by governmental entities) available to Indian tribes and Alaskan Native organizations that perform law enforcement functions, to support community-based alternatives to incarcerating juveniles; and “(C) the extent to which such tribes and organizations comply with the requirements specified in paragraphs (12)(A), (13), and (14) of section 223(a), applicable to the detention and confinement of juveniles. “(2) (A) For purposes of section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e(b)), any contract, subcontract, grant, or subgrant made under paragraph (1) shall be deemed to be a contract, subcontract, grant, or subgrant made for the benefit of Indians. “(B) For purposes of section 7(b) of such Act and subparagraph (A) of this paragraph, references to Indians and Indian organizations shall be deemed to include Alaskan Natives and Alaskan Native organizations, respectively. “(c) Not later than 3 years after the date of the enactment of the Juvenile Justice and Delinquency Prevention Amendments of 1988, the Administrator shall submit a report to the chairman of the Committee on Education and Labor of the House of Representatives and the chairman of the Committee on the Judiciary of the Senate containing a description, and a summary of the results, of the study conducted under subsection (a) or (b), as the case may be.”. SEC. 7265. AUTHORIZATION OF APPROPRIATIONS. (a) Funds Authorized for Fiscal Years.— Section 261(a) of part D of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5671(a)) is amended— (1) by inserting “(1)” after “(a)”, (2) by inserting “(other than part D)” after “this title”, (3) by striking “1985, 1986, 1987, and 1988”, (4) by inserting “1989, 1990, 1991, and 1992”, and (5) by adding at the end the following: “(2) (A) Subject to subparagraph (B), to carry out part D, there are authorized to be appropriated $15,000,000 for fiscal year 1989 and such sums as may be necessary for each of the fiscal years 1990, 1991, and 1992. “(B) No funds may be appropriated to carry out part D of this title for a fiscal year unless the aggregate amount appropriated to carry out this title (other than part D) for such fiscal year is not less than the aggregate amount appropriated to carry out this title (other than part D) for the preceding fiscal year.”. (b) Allocations.— Section 261(b) of part D of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5671(b)) is (1) by inserting “(other than part D)” after “this title” (2) in paragraph (1) by striking “7.5 percent” and inserting “5 percent”, (3) in paragraph (2) by striking “81.5 percent” and inserting “70 percent”, and (4) in paragraph (3) by striking “11 percent” and inserting “25 percent”. SEC. 7266. TECHNICAL AMENDMENTS TO PART D OF TITLE II. Part D of title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5671–5672 note) is amended— (1) by amending the heading of such part to read as follows: “Part E— General and Administrative Provisions”, (2) by striking section 263, 42 USC 5601 note. (3) by redesignating sections 261 and 262 as sections 291 and 292, respectively, and 42 USC 5671, 5672. (4) by adding at the end the following: “Sec. 293. “withholding Whenever the Administrator, after giving reasonable 42 USC 5673. notice and opportunity for hearing to a recipient of financial assistance under this title, finds that— “(1) the program or activity for which the grant or contract involved was made has been so changed that it no longer complies with this title; or “(2) in the operation of such program or activity there is failure to comply substantially with any provision of this title; the Administrator shall initiate such proceedings as are appropriate. “Sec. 294. “use of funds (a) Funds paid pursuant to this title to any public or 42 USC 5674. private agency, organization, or institution, or to any individual (either directly or through a State planning agency) may be used for— “(1) planning, developing, or operating the program designed to carry out this title; and “(2) not more than 50 per centum of the cost of the construction of any innovative community-based facility for fewer than 20 persons which, in the judgment of the Administrator, is necessary to carry out this title. “(b) Except as provided in subsection (a), no funds paid to any public or private agency, or institution or to any individual under this title (either directly or through a State agency or local agency) may be used for construction. “(c) (1) Funds paid pursuant to section 223(a)(10)(D) and section 261(a)(3) to any public or private agency, organization, or institution or to any individual shall not be used to pay for any personal service, advertisement, telegram, telephone communication, letter, printed or written matter, or other device intended or designed to influence a Member of Congress or any other Federal, State, or local elected official to favor or oppose any Acts, bills, resolutions, or similar legislation, or any referendum, initiative, constitutional amendment, or any similar procedure of the Congress, any State legislature, any local council, or any similar governing body, except that this paragraph shall not preclude such funds from being used in connection with communications to Federal, State, or local elected officials, upon the request of such officials through proper official channels, pertaining to authorization, appropriation, or oversight measures directly affecting the operation of the program involved. “(2) The Administrator shall take such action as may be necessary to ensure that no funds paid under section 223(a)(10)(D) or section 261(a)(3) are used either directly or indirectly in any manner prohibited in this paragraph. “Sec. 295. “payments (a) Payments under this title, pursuant to a grant or contract, may be made (after necessary adjustment, in the case of grants, on account of previously made overpayments or underpayments) in advance or by way of reimbursement, in such installments and on such conditions as the Administrator may determine. “(b) Except as provided in the second sentence of section 222(c), financial assistance extended under this title shall be 100 per centum of the approved costs of the program or activity involved. “(c) (1) In the case of a grant under this title to an Indian tribe, if the Administrator determines that the tribe does not have sufficient funds available to meet the local share of the cost of any program or activity to be funded under the grant, the Administrator may increase the Federal share of the cost thereof to the extent the Administrator deems necessary. “(2) If a State does not have an adequate forum to enforce grant provisions imposing any liability on Indian tribes, the Administrator may waive State liability attributable to the liability of such tribes and may pursue such legal remedies as are necessary. “(d) If the Administrator determines, on the basis of information available to the Administrator during any fiscal year, that a portion of the funds granted to an applicant under part C for such fiscal year will not be required by the applicant or will become available by virtue of the application of the provisions of section 802 of the Omnibus Crime Control and Safe Streets Act of 1968, as amended from time to time, that portion shall be available for reallocation in an equitable manner to States which comply with the requirements in paragraphs (12)(A) and (13) of section 223(a), under section 261(b)(6). “Sec. 296. “confidentiality of program records Except as authorized by law, program records containing the identity of individual juveniles gathered for purposes pursuant to this title may not be disclosed without the consent of the service recipient or legally authorized representative, or as may be necessary to carry out this title. Under no circumstances may program reports or findings available for public dissemination contain the actual names of individual service recipients.”. SEC. 7267. PREVENTION AND TREATMENT PROGRAMS RELATING TO JUVENILE GANGS. Title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5671–5672 note) is amended by inserting after part C, as amended by this subtitle, the following: “Part D— Prevention and Treatment Programs Relating to Juvenile Gangs and Drug Abuse and Drug Trafficking “Sec. 281. “authority to make grants and contracts The Administrator shall, by making grants to and 42 USC 5667. entering into contracts with public and private nonprofit agencies, organizations, institutions, and individuals, establish and support programs and activities that involve families and communities and that are designed to carry out any of the following purposes: “(1) To reduce the participation of juveniles in drug-related crimes (including drug trafficking and drug use), particularly in elementary and secondary schools. “(2) To develop within the juvenile adjudicatory and correctional systems new and innovative means to address the problems of juveniles convicted of serious drug-related and gang-related offenses. “(3) To reduce juvenile involvement in gang-related activity, particularly activities that involve the distribution of drugs by or to juveniles. “(4) To promote the involvement of juveniles in lawful activities in geographical areas in which gangs commit crimes. “(5) To provide treatment to juveniles who are members of such gangs, including members who are accused of committing a serious crime and members who have been adjudicated as being delinquent. “(6) To support activities to inform juveniles of the availability of treatment and services for which financial assistance is provided under this part. “(7) To facilitate Federal and State cooperation with local Schools and colleges. State and local governments. school officials to assist juveniles who are likely to participate in the activities of gangs that commit crimes and to establish and support programs that facilitate coordination and cooperation among local education, juvenile justice, employment, and social service agencies, for the purpose of preventing or reducing the participation of juveniles in activities of gangs that commit crimes. “(8) To provide personnel, personnel training, equipment, and supplies in conjunction with programs and activities designed to prevent or reduce the participation of juveniles in unlawful gang activities or unlawful drug activities, to assist in improving the adjudicative and correctional components of the juvenile justice system. “(9) To provide pre- and post-trial drug abuse treatment to juveniles in the juvenile justice system. “(10) To provide drug abuse education, prevention and treatment involving police and juvenile justice officials in demand reduction programs. “Sec. 282. approval of applications (a) Any agency, institution, or individual desiring to Grants. Contracts. 42 USC 5667a. receive a grant, or to enter into a contract, under this part shall submit an application at such time, in such manner, and containing or accompanied by such information as the Administrator may prescribe. “(b) In accordance with guidelines established by the Administrator, each application for assistance under this part shall— “(1) set forth a program or activity for carrying out one or more of the purposes specified in section 281 and specifically identify each such purpose, such program or activity is designed to carry out; “(2) provide that such program or activity shall be administered by or under the supervision of the applicant; “(3) provide for the proper and efficient administration of such program or activity; “(4) provide for regular evaluation of such program or activity; “(5) certify that the applicant has requested the State planning agency and local agency designated in section 223, if any, to review and comment on such application and indicate the responses of such State planning agency and local agency to such request; “(6) attach a copy of the responses of such State planning agency and local agency to such request; “(7) provide that regular reports on such program or activity shall be sent to the Administrator and to such State planning agency and local agency; and “(8) provide for such fiscal control and fund accounting procedures as may be necessary to ensure prudent use, proper disbursement, and accurate accounting of funds received under this title. “(c) In reviewing applications for grants and contracts under this part, the Administrator shall give priority to applications— “(1) based on the incidence and severity of crimes committed by gangs whose membership is composed primarily of juveniles or the incidence of juvenile drug abuse and drug trafficking, in the geographical area in which the applicants propose to carry out the programs and activities for which such grants and contracts are requested; and “(2) for assistance for programs and activities that have the broad support of organizations operating in such geographical areas, as demonstrated by the applicants.”. Chapter 2— Amendments to the Runaway and Homeless Youth Act SEC. 7271. GRANTS FOR RUNAWAY AND HOMELESS YOUTH CENTERS. (a) Technical Amendment.— The heading for section 311 of the Runaway and Homeless Youth Act (42 U.S.C. 5711) is amended to read as follows: (b) Grant Program.— Subsections (a) and (b) of section 311 of the Runaway and Homeless Youth Act (42 U.S.C. 5711) are amended to read as follows: “(a) The Secretary shall make grants to public and private entities (and combinations of such entities) to establish and operate (including renovation) local runaway and homeless youth centers to provide services to deal primarily with the immediate needs of runaway or otherwise homeless youth, and their families, in a manner which is outside the law enforcement structure and the juvenile justice system. “(b) (1) Subject to paragraph (2) and in accordance with regulations promulgated under this title, funds for grants under subsection (a) shall be allotted annually with respect to the States on the basis of their relative population of individuals who are less than 18 years of age. “(2) Subject to paragraph (3), the amount allotted under paragraph Territories, U.S. (1) with respect to each State for a fiscal year shall be not less than $75,000, except that the amount allotted to the Virgin Islands of the United States, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands shall be not less than $30,000 each. “(3) If, as a result of paragraph (2), the amount allotted under paragraph (1) with respect to a State for a fiscal year would be less than the aggregate amount of grants made under this part to recipients in such State for fiscal year 1988, then the amounts allotted to satisfy the requirements of such paragraph shall be reduced pro rata to the extent necessary to allot under paragraph (1) with respect to such State for the fiscal year an amount equal to the aggregate amount of grants made under this part to recipients in such State for fiscal year 1988. “(4) In selecting among applicants for grants under subsection (a), the Secretary shall give priority to private entities that have experience in providing the services described in such subsection.”. (c) Conforming Amendments.— (1) Sections 312 and 313 of the Runaway and Homeless Youth Act (42 U.S.C. 5712, 5713) are each amended by striking “this part” each place it appears and inserting “section 311(a)”. (2) Section 312(a) of the Runaway and Homeless Youth Act (42 U.S.C. 5712(a)) is amended by inserting “and homeless youth” after “proposed runaway”. (3) Section 312(b) of the Runaway and Homeless Youth Act (42 U.S.C. 5712(b)) is amended— (A) in the matter preceding paragraph (1) by striking “meeting” and all that follows through “center—”, and inserting “including assurances that the applicant—”, (B) in paragraph (1)— (i) by striking “shall be” and inserting “shall operate a runaway and homeless youth center”, and (ii) by inserting “and homeless” after “by runaway”, (C) in paragraphs (3) and (5) by striking “runaway center” each place it appears and inserting “runaway and homeless youth center”, (D) in paragraphs (4) and (6) by striking “runaway youths” each place it appears and inserting “runaway and homeless youth”, and (E) in paragraphs (5) and (6) by striking “runaway youth” each place it appears and inserting “runaway and homeless youth”. (4) Section 314 of the Runaway and Homeless Youth Act (42 U.S.C. 5714) is amended by striking “runaway center” and inserting “runaway and homeless youth center”. (5) Section 317 of the Runaway and Homeless Youth Act (42 U.S.C. 5715) is amended— (A) by striking “runaway centers” and inserting “runaway and homeless youth centers”, and (B) by striking “runaway youth” and inserting “runaway and homeless youth”. (6) Section 318(a) of the Runaway and Homeless Youth Act (42 U.S.C. 5716(a)) is amended by striking “acquisition and”. SEC. 7272. ADDITIONAL TECHNICAL AMENDMENTS. The Runaway and Homeless Youth Act (42 U.S.C. 5701–5751) is amended— (1) by amending the heading for part A to read as follows: “Part A— Runaway and Homeless Youth Grant Program”, (2) by striking the headings for parts B and C, and (3) by inserting before the heading for section 317 the following: SEC. 7273. AUTHORIZATION OF TRANSITIONAL LIVING PROJECTS. (a) Assistance to Potential Grantees.— Section 315 of the Runaway and Homeless Youth Act (42 U.S.C. 5714a) is amended— (1) by inserting “and transitional living youth projects” after “homeless youth centers”, (2) in paragraph (1) by inserting “or transitional living youth project” after “homeless youth center”, (3) by inserting “or such project” after “such center” each place it appears, and (4) in paragraph (3) by inserting “and homeless” after “runaway”. (b) Lease of Surplus Federal Facilities.— Section 316 of the Runaway and Homeless Youth Act (42 U.S.C. 5714b) is amended— (1) in the heading of such section by inserting “or as transitional living youth shelter facilities” after “homeless youth centers”, and (2) in subsection (a)— (A) by inserting “or as transitional living youth shelter facilities” after “homeless youth centers”, and (B) in paragraph (1) by inserting “or transitional living youth project, as the case may be, under this title” after “homeless youth center”. (c) Reports.— Section 317 of the Runaway and Homeless Youth Act (42 U.S.C. 5715) is amended— (1) by inserting “(a)” after “Sec. 317.”, (2) by striking “this part” and inserting “part A”, and (3) by adding at the end thereof the following: “(b) The Secretary shall annually report to the Congress on the status and accomplishments of the transitional living youth projects which are funded under part B, with particular attention to— “(1) the number and characteristics of homeless youth served by such projects; “(2) describing the types of activities carried out under such projects; “(3) the effectiveness of such projects in alleviating the immediate problems of homeless youth; “(4) the effectiveness of such projects in preparing homeless youth for self sufficiency; “(5) the effectiveness of such projects in helping youth decide upon future education, employment, and independent living; and “(6) the ability of such projects to strengthen family relationships, and encourage the resolution of intra-family problems through counseling and the development of self-sufficient living skills.”. (d) Authorization of Appropriations.— Section 331 of the Runaway and Homeless Youth Act (42 U.S.C. 5751) is amended— (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively, and (2) by inserting after subsection (a) the following: “(b) (1) Subject to paragraph (2), to carry out the purposes of part B of this title, there are authorized to be appropriated $5,000,000 for fiscal year 1989 and such sums as may be necessary for each of the fiscal years 1990, 1991, and 1992. “(2) No funds may be appropriated to carry out part B of this title for a fiscal year unless the aggregate amount appropriated for such fiscal year to carry out part A of this title exceeds $26,900,000.”. (e) Technical Amendments.— The Runaway and Homeless Youth Act (42 U.S.C. 5701–5751) is amended— (1) by inserting before the heading for section 315 the following: “Part C— General Provisions”, and (2) by redesignating sections 315, 316, 317, 318, 321, and 331 as sections 341, 342, 361, 362, 363, and 366, respectively. 42 USC 5714a, 5714b, 5715, 5716, 5731, 5751. (f) Grants for Transitional Living Youth Projects.— The Runaway and Homeless Youth Act (42 U.S.C. 5701–5751) is amended by inserting after section 314 the following: “Part B— Transitional Living Grant Program “Sec. 321. “Purpose and Authority for Program (a) The Secretary is authorized to make grants and to 42 USC 5714–1. provide technical assistance to public and nonprofit private entities to establish and operate transitional living youth projects for homeless youth. “(b) For purposes of this part— “(1) the term ‘homeless youth’ means any individual— “(A) who is not less than 16 years of age and not more than 21 years of age; “(B) for whom it is not possible to live in a safe environment with a relative; and “(C) who has no other safe alternative living arrangement; and “(2) the term ‘transitional living youth project’ means a project that provides shelter and services designed to promote a transition to self-sufficient living and to prevent long-term dependency on social services. “Sec. 322. “eligibility (a) To be eligible for assistance under this part, an applicant shall propose to establish, strengthen, or fund a transitional living youth project for homeless youth and shall submit to the Secretary a plan in which such applicant agrees, as part of such project— “(1) to provide, directly or indirectly, shelter (such as group homes, host family homes, and supervised apartments) and services (including information and counseling services in basic life skills, interpersonal skill building, educational advancement, job attainment skills, and mental and physical health care) to homeless youth; “(2) to provide such shelter and such services to individual homeless youth throughout a continuous period not to exceed 540 days; “(3) to provide, directly or indirectly, on-site supervision at each shelter facility that is not a family home; “(4) that such shelter facility used to carry out such project shall have the capacity to accommodate not more than 20 individuals (excluding staff); “(5) to provide a number of staff sufficient to ensure that all homeless youth participating in such project receive adequate supervision and services; “(6) to provide a written transitional living plan to each youth based on an assessment of such youth’s needs, designed to help the transition from supervised participation in such project to independent living or another appropriate living arrangement; “(7) to develop an adequate plan to ensure proper referral of homeless youth to social service, law enforcement, educational, vocational, training, welfare, legal service, and health care programs and to help integrate and coordinate such services for youths; “(8) to provide for the establishment of outreach programs designed to attract individuals who are eligible to participate in the project; “(9) to submit to the Secretary an annual report that includes information regarding the activities carried out with funds under this part, the achievements of the project under this part carried out by the applicant and statistical summaries describing the number and the characteristics of the homeless youth who participate in such project in the year for which the report is submitted; “(10) to implement such accounting procedures and fiscal control devices as the Secretary may require; “(11) to submit to the Secretary an annual budget that estimates the itemized costs to be incurred in the year for which the applicant requests a grant under this part; “(12) to keep adequate statistical records profiling homeless youth which it serves and not to disclose the identity of individual homeless youth in reports or other documents based on such statistical records; “(13) not to disclose records maintained on individual homeless youth without the consent of the individual youth and parent or legal guardian to anyone other than an agency compiling statistical records or a government agency involved in the disposition of criminal charges against youth; and “(14) to provide to the Secretary such other information as the Secretary may reasonably require. “(b) In selecting eligible applicants to receive grants under this part, the Secretary shall give priority to entities that have experience in providing to homeless youth shelter and services of the types described in subsection (a)(1).”. SEC. 7274. REPORTS. Section 361 of the Runaway and Homeless Youth Act (42 U.S.C. 5715), as so redesignated by section 7273(e)(2), is amended by striking “The Secretary shall annually” and inserting “Not later than 180 days after the end of each fiscal year, the Secretary shall”. SEC. 7275. NATIONAL COMMUNICATION SYSTEM. (a) Technical Amendments.— Sections 313 and 314 of the Runaway and Homeless Youth Act (42 U.S.C. 5713–5714) are redesignated as sections 316 and 317, respectively. (b) Authority To Make Grants.— The Runaway and Homeless Youth Act (42 U.S.C. 5701–5751) is amended by inserting after section 312 the following: “Sec. 313. grants for a national communication system (a) With funds reserved under subsection (b), the Secretary 42 USC 5712a. shall make grants for a national communication system to assist runaway and homeless youth in communicating with their families and with service providers. “(b) From funds appropriated to carry out this part and after making the allocation required by section 366(a)(2), the Secretary shall reserve— “(1) for fiscal year 1989 not less than $500,000; “(2) for fiscal year 1990 not less than $600,000; and “(3) for each of the fiscal years 1991 and 1992 not less than $750,000; to carry out subsection (a).”. SEC. 7276. GRANTS FOR TECHNICAL ASSISTANCE AND TRAINING. The Runaway and Homeless Youth Act (42 U.S.C. 5701–5751) is amended by inserting after section 313, as added by section 7275, the following: “Sec. 314. “grants for technical assistance and training The Secretary may make grants to statewide and 42 USC 5712b. regional nonprofit organizations (and combinations of such organizations) to provide technical assistance and training to public and private entities (and combinations of such entities) that are eligible to receive grants under section 311(a), for the purpose of assisting such entities to establish and operate runaway and homeless youth centers.”. SEC. 7277. GRANTS FOR RESEARCH, DEMONSTRATION, AND SERVICE PROJECTS. The Runaway and Homeless Youth Act (42 U.S.C. 5701–5751) is amended by inserting after section 314, as added by section 7276, the following: “Sec. 315. “authority to make grants for research, demonstration, and service projects (a) The Secretary may make grants to States, localities, and private entities (and combinations of such entities) to carry out research, demonstration, and service projects designed to increase knowledge concerning, and to improve services for, runaway and homeless youth. “(b) In selecting among applications for grants under subsection (a), the Secretary shall give special consideration to proposed projects relating to— “(1) juveniles who repeatedly leave and remain away from their homes; “(2) outreach to runaway and homeless youth; “(3) transportation of runaway and homeless youth in connection with services authorized to be provided under this part; “(4) the special needs of runaway and homeless youth programs in rural areas; “(5) the special needs of foster care home programs for runaway and homeless youth; “(6) transitional living programs for runaway and homeless youth; and “(7) innovative methods of developing resources that enhance the establishment or operation of runaway and homeless youth centers. “(c) In selecting among applicants for grants under subsection (a), the Secretary shall give priority to applicants who provide services directly to runaway and homeless youth.”. SEC. 7278. ANNUAL PROGRAM PRIORITIES. The Runaway and Homeless Youth Act (42 U.S.C. 5701–5751) is amended by inserting after section 363, as so redesignated by section 7273(e)(2), the following: “Sec. 364. “annual program priorities (a) The Secretary shall develop for each fiscal year, and publish annually in the Federal Register for public comment a proposed plan specifying the subject priorities the Secretary will follow in making grants under this title for such fiscal year. “(b) Taking into consideration comments received in the 45-day period beginning on the date the proposed plan is published, the Secretary shall develop and publish, before December 31 of such fiscal year, a final plan specifying the priorities referred to in subsection (a).”. SEC. 7279. COORDINATION WITH ACTIVITIES OF CERTAIN FEDERAL HEALTH AGENCIES. The Runaway and Homeless Youth Act (42 U.S.C. 5701–5751) is amended by inserting after section 364, as added by section 7278, the following: “Sec. 365. “coordination with activities With respect to matters relating to communicable diseases, the Secretary shall coordinate the activities of health agencies in the Department of Health and Human Services with the activities of the entities that are eligible to receive grants under this title.”. SEC. 7280. AUTHORIZATION OF APPROPRIATIONS. Section 366(a) of the Runaway and Homeless Youth Act of 1974 (42 U.S.C. 5751(a)), as so redesignated by section 7273(d)(2), is amended— (1) by striking “1985, 1986, 1987, and 1988”, (2) by inserting “1989, 1990, 1991, and 1992”, (3) by inserting “(1)” after “(a)”, and (4) by adding at the end the following: “(2) Not less than 90 percent of the funds appropriated under paragraph (1) for a fiscal year shall be available to carry out section 311(a) in such fiscal year.”. Chapter 3— Amendments to the Missing Children’s Assistance Act SEC. 7285. DUTIES AND FUNCTIONS OF ADMINISTRATOR. (a) Annual Report.— Section 404(a) of the Missing Children’s Assistance Act (42 U.S.C. 5773(a)) is amended— (1) in paragraph (3) by striking “law enforcement”, (2) in paragraph (4) by inserting “and” at the end, (3) by amending paragraph (5) to read as follows: “(5) not later than 180 days after the end of each fiscal year, submit a report to the President, Speaker of the House of Representatives, and the President pro tempore of the Senate— “(A) containing a comprehensive plan for facilitating cooperation and coordination in the succeeding fiscal year among all agencies and organizations with responsibilities related to missing children; “(B) identifying and summarizing effective models of Federal, State, and local coordination and cooperation in locating and recovering missing children; “(C) identifying and summarizing effective program models that provide treatment, counseling, or other aid to parents of missing children or to children who have been the victims of abduction, “(D) describing how the Administrator satisfied the requirements of paragraph (4) in the preceding fiscal year; “(E) describing in detail the number and types of telephone calls received in the preceding fiscal year over the national toll-free telephone line established under subsection (b)(1)(A) and the number and types of communications referred to the national communications system established under section 313; “(F) describing in detail the activities in the preceding fiscal year of the national resource center and clearinghouse established under subsection (b)(2); “(G) describing all the programs for which assistance was provided under section 405 in the preceding fiscal year; “(H) summarizing the results of all research completed in the preceding year for which assistance was provided at any time under this title; and “(I) (i) identifying each clearinghouse with respect to which assistance is provided under section 405(a)(9) in the preceding fiscal year; “(ii) describing the activities carried out by such clearing-house in such fiscal year; “(iii) specifying the types and amounts of assistance (other than assistance under section 405(a)(9)) received by such clearinghouse in such fiscal year; and “(iv) specifying the number and types of missing children cases handled (and the number of such cases resolved) by such clearinghouse in such fiscal year and summarizing the circumstances of each such cases.”, and (4) by striking paragraph (6). (b) Section 404(b) of the Missing Children’s Assistance Act (42 U.S.C. 5773(b)) is amended— (1) in paragraph (1)— (A) by inserting “(A)” after “(1)”, (B) by inserting “24-hour” after “national”, (C) by adding “and” after the semicolon, and (D) by adding at the end the following: “(B) coordinating the operation of such telephone line with the operation of the national communications system established under section 313;”, (2) in paragraph (2)— (A) by amending subparagraph (A) to read as follows: “(A) provide to State and local governments, public and private nonprofit agencies, and individuals information regarding— “(i) free or low-cost legal, restaurant, lodging, and transportation services that are available for the benefit of missing children and their families; and “(ii) the existence and nature of programs being carried out by Federal agencies to assist missing children and their families;”, and (B) in subparagraph (D)— (i) by inserting “and training” after “assistance”, and (ii) by striking the semicolon and inserting the following: “and in locating and recovering missing children;”, (3) in paragraph (3) by striking the period at the end and inserting “; and”, and (4) by adding at the end the following: “(4) provide to State and local governments, public and private nonprofit agencies, and individuals information to facilitate the lawful use of school records and birth certificates to identify and locate missing children.”. SEC. 7286. ADVISORY BOARD. Section 405 of the Missing Children’s Assistance Act (42 U.S.C. 5774) is repealed. SEC. 7287. GRANTS. Section 406(a) of the Missing Children’s Assistance Act (42 U.S.C. 5775(a)) is amended— (1) in paragraph (5) by striking “and” at the end, (2) in paragraph (6) by striking the period and inserting a semicolon, and (3) by adding at the end the following: “(7) to address the needs of missing children (as defined in section 403(1)(A)) and their families following the recovery of such children; “(8) to reduce the likelihood that individuals under 18 years of age will be removed from the control of such individuals’ legal custodians without such custodians’ consent; and “(9) to establish or operate statewide clearinghouse to assist in locating and recovering missing children.”. SEC. 7288. COMPETITION AMENDMENT. Section 407 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5776) is amended to read as follows: “Sec. 407. “criteria for grants (a) In carrying out the programs authorized by this Contracts. 42 USC 5776. title, the Administrator shall establish— “(1) annual research, demonstration, and service program priorities for making grants and contracts pursuant to section 405; and “(2) criteria based on merit for making such grants and contracts. Not less than 60 days before establishing such priorities and criteria, Federal Register, publication. the Administrator shall publish in the Federal Register for public comment a statement of such proposed priorities and criteria. “(b) No grant or contract exceeding $50,000 shall be made under this title unless the grantee or contractor has been selected by a competitive process which includes public announcement of the availability of funds for such grant or contract, general criteria for the selection of recipients or contractors, and a description of the application process and application review process. “(c) Multiple grants or contracts to the same grantee or contractor within any 1 year to support activities having the same general purpose shall be deemed to be a single grant for the purpose of this subsection, but multiple grants or contracts to the same grantee or contractor to support clearly distinct activities shall be considered separate grants or contractors.”. SEC. 7289. AUTHORIZATION OF APPROPRIATIONS. Section 408 of the Missing Children’s Assistance Act (42 U.S.C. 5777) is amended— (1) by striking “$10,000,000 for fiscal year 1985, and”, (2) by striking “1986, 1987, and 1988”, and (3) by inserting “1989, 1990, 1991, and 1992”. SEC. 7290. ADDITIONAL TECHNICAL AND CONFORMING AMENDMENTS. (a) Technical Amendment.— Sections 406, 407, and 408 are redesignated as sections 405, 406, and 407, respectively. 42 USC 5775–5777. 42 USC 5776. (b) Conforming Amendment.— Section 406 of the Missing Children’s Assistance Act, as so redesignated by subsection (a), is amended by striking “section 406” and inserting “section 405”. SEC. 7291. SPECIAL STUDY AND REPORT. The Missing Children’s Assistance Act (42 U.S.C. 5771–5777) is amended by adding at the end the following: “Sec. 408. “special study and report (a) Not later than 1 year after the date of the enactment 42 USC 5778. of the Juvenile Justice and Delinquency Prevention Amendments of 1988, the Administrator shall begin to conduct a study to determine the obstacles that prevent or impede individuals who have legal custody of children from recovering such children from parents who have removed such children from such individuals in violation of law. “(b) Not later than 3 years after the date of the enactment of the Juvenile Justice and Delinquency Prevention Amendments of 1988, the Secretary shall submit a report to the chairman of the Committee on Education and Labor of the House of Representatives and the chairman of the Committee on the Judiciary of the Senate containing a description, and a summary of the results, of the study conducted under subsection (a).”. Chapter 4— Miscellaneous SEC. 7295. INVESTIGATION AND REPORT BY THE COMPTROLLER GENERAL. (a) Investigation.— Not later than 180 days after the date of the enactment of the Juvenile Justice and Delinquency Prevention Amendments of 1988, the Comptroller General of the United States shall begin to conduct an investigation of the extent to which— (1) valid court orders, and (2) court orders other than valid court orders, are used in the 5-year period ending on December 31, 1988, to place juveniles in secure detention facilities, in secure correctional facilities, and in jails and lockups for adults. (b) Report.— (1) Not later than 3 years after the date of the enactment of the Juvenile Justice and Delinquency Prevention Amendments of 1988, the Comptroller General shall submit a report to the chairman of the Committee on Education and Labor of the House of Representatives and the chairman of the Committee on the Judiciary of the Senate containing a description, and a summary of the results of the investigation conducted under subsection (a). (2) In such report, the Comptroller shall specify separately with respect to secure detention facilities, secure correctional facilities, and jails and lockups for adults— (A) the frequency with which juveniles were confined, (B) the length of confinement of juveniles, and (C) the types of conduct of juveniles for which confinement was imposed, as a result of the enforcement of court orders of the 2 types described in paragraphs (1) and (2) of subsection (a), (c) Definitions.— For purposes of this section— (1) the term “juvenile” means an individual who is less than 18 years of age, (2) the term “secure correctional facility” has the meaning given it in section 103(13) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603(13)), (3) the term “secure detention facility” has the meaning given it in section 103(12) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603(12)), and (4) the term “valid court order” has the meaning given it in section 103(16) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603(16)). SEC. 7296. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Effective Date.— Except as provided in subsection (b), this subtitle and the amendments made by this Act shall take effect on October 1, 1988. (b) Application of Amendments.— (1) The amendments made by section 7258(a) shall not apply to a State with respect to a fiscal year beginning before the date of the enactment of this Act if the State plan is approved before such date by the Administrator for such fiscal year. (2) The amendments made by section 7274(b)(1) and section 7278 shall not apply with respect to fiscal year 1989. (3) Notwithstanding the 180-day period provided in section 7277 of the Juvenile Justice and Delinquency Prevention Act of 1974, as added by section 7255, the report required by such section to be submitted with respect to fiscal year 1988 shall be submitted not later than August 1, 1989. Subtitle G— Provisions Relating to Prisons, Probation, Parole, and Supervised Release SEC. 7301. PAYMENT OF COSTS OF INCARCERATION BY FEDERAL PRISONERS. Not later than 1 year after the date of enactment of this section, the United States Sentencing Commission shall study the feasibility of requiring prisoners incarcerated in Federal correctional institutions to pay some or all of the costs incident to the prisoner’s confinement, including, but not limited to, the costs of food, housing, and shelter. The study shall review measures which would allow prisoners unable to pay such costs to work at paid employment within the community, during incarceration or after release, in order to pay the costs incident to the prisoner’s confinement. SEC. 7302. ADMINISTRATION OF CONFINEMENT FACILITIES LOCATED ON MILITARY INSTALLATIONS BY THE BUREAU OF PRISONS. In conjunction with the Department of Defense and the Commission on Alternative Utilization of Military Facilities as established in the National Defense Authorization Act of Fiscal Year 1989, the Bureau of Prisons shall be responsible for— (1) administering Bureau of Prisons confinement facilities for Women. civilian nonviolent prisoners located on military installations in cooperation with the Secretary of Defense, with an emphasis on placing women inmates in such facilities, or in similar minimum security confinement facilities not located on military installations, so that the percentage of eligible women equals the percentage of eligible men housed in such or similar minimum security confinement facilities (i.e., prison camps); (2) establishing and regulating drug treatment programs for inmates held in such facilities in coordination and cooperation with the National Institute on Drug Abuse; and (3) establishing and managing work programs in accordance with guidelines under the Bureau of Prisons for persons held in such facilities and in cooperation with the installation commander. SEC. 7303. REVOCATION OF PROBATION, PAROLE, AND SUPERVISED RELEASE FOR POSSESSION OF A CONTROLLED SUBSTANCE. (a) Probation.— (1) Section 3563(a) of title 18, United States Code, is amended by— (A) striking “and” after the semicolon in paragraph (1); (B) striking the period at the end of paragraph (2) and inserting “; and”; and (C) inserting after paragraph (2) the following: “(3) for a felony, a misdemeanor, or an infraction, that the defendant not possess illegal controlled substances.”. (2) Section 3565(a) of title 18, United States Code, is amended by adding at the end thereof the following: “Notwithstanding any other provision of this section, if a defendant is found by the court to be in possession of a controlled substance, thereby violating the condition imposed by section 3563(a)(3), the court shall revoke the sentence of probation and sentence the defendant to not less than one-third of the original sentence.”. (b) Supervised Release.— (1) Section 3583(d) of title 18, United States Code, is amended in the first sentence by striking the period and inserting “and that the defendant not possess illegal controlled substances.”. (2) Section 3583 of title 18, United States Code, is amended by adding at the end thereof the following: “(g) Possession of Controlled Substances.— If the defendant is found by the court to be in the 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 supervised release.”. (c) Parole.— (1) Section 4209(a) of title 18, United States Code, is amended in the first sentence by inserting after “local crime” the following: “, that the parolee not possess illegal controlled substances.”. (2) Subsection (c) of section 4209 of title 18, United States Code, is amended by— (A) striking the dash and “(1)”; (B) striking the semicolon at the end of paragraph (1) and all of paragraph (2) and inserting a period; and (C) striking “subparagraph (1) or (2) of”. (3) Section 4214 of title 18, United States Code, is amended by adding at the end thereof the following: “(f) Notwithstanding any other provision of this section, a parolee who is found by the Commission to be in possession of a controlled substance shall have his parole revoked.”. (d) Effective Date.— The amendments made by this section shall note. apply with respect to persons whose probation, supervised release, or parole begins after December 31, 1988. SEC. 7304. DEMONSTRATION PROGRAM FOR DRUG TESTING OF ARRESTED PERSONS AND DEFENDANTS ON PROBATION OR SUPERVISED RELEASE. (a) Establishment.— The Director of the Administrative Office of the United States Courts shall establish a demonstration program of mandatory testing of criminal defendants. (b) Length of Program.— The demonstration program shall begin not later than January 1, 1989, and shall last two years. (c) Selection of Districts.— The Judicial Conference of the United States shall select 8 Federal judicial districts in which to carry out the demonstration program, so that the group selected represents a mix of districts on the basis of criminal caseload and the types of cases in that caseload. (d) Inclusion in Pretrial Services.— In each of the districts in which the demonstration program takes place, pretrial services under chapter 207 of title 18, United States Code, shall arrange for the drug testing of defendants in criminal cases. To the extent feasible, such testing shall be completed before the defendant makes the defendant’s initial appearance in the case before a judicial officer. The results of such testing shall be included in the report to the judicial officer under section 3154 of title 18, United States Code. (e) Mandatory Condition of Probation and Supervised Release.— In each of the judicial districts in which the demonstration program is in effect, it shall be an additional, mandatory condition of probation, and an additional mandatory condition of supervised release for offenses occurring or completed on or after January 1, 1989, for any defendant convicted of a felony, that such defendant refrain from any illegal use of any controlled substance (as defined in section 102 of the Controlled Substances Act) and submit to periodic drug tests for use of controlled substances at least once every 60 days. The requirement that drug tests be administered at least once every 60 days may be suspended upon motion of the Director of the Administrative Office, or the Director’s designee, if, after at least one year of probation or supervised release, the defendant has passed all drug tests administered pursuant to this section. No action may be taken against a defendant pursuant to a drug test administered in accordance with this subsection unless the drug test confirmation is a urine drug test confirmed using gas chromatography techniques or such test as the Secretary of Health and Human Services may determine to be of equivalent accuracy. (f) Report to Congress.— Not later than 90 days after the first year of the demonstration program and not later than 90 days after the end of the demonstration program, the Director of the Administrative Office of the United States Courts shall report to Congress on the effectiveness of the demonstration program and include in such report recommendations as to whether mandatory drug testing of defendants should be made more general and permanent. SEC. 7305. HOUSE PROBATION AS A CONDITION FOR PROBATION, PAROLE, OR SUPERVISED RELEASE. (a) Probation.— Section 3563(b) of title 18, United States Code, is amended by— (1) striking “or” after the semicolon in paragraph (19); (2) redesignating paragraph (20) as paragraph (21); and (3) inserting after paragraph (19) the following new paragraph: “(20) remain at his place of residence during nonworking hours and, if the court finds it appropriate, that compliance with this condition be monitored by telephonic or electronic signaling devices, except that a condition under this paragraph may be imposed only as an alternative to incarceration; or”. (b) Supervised Release.— (1) Section 3583(d) of title 18, United States Code, is amended in the matter following paragraph (3) by striking “(b)(19)” and inserting “(b)(20)”. (2) Section 3583(e) is amended by— (A) striking “or” at the end of paragraph (3); (B) striking the period at the end of paragraph (4) and inserting “; or”; and (C) inserting at the end the following new paragraph: “(5) order the person to remain at his place of residence during nonworking hours and, if the court so directs, to have compliance monitored by telephone or electronic signaling devices, except that an order under this paragraph may be imposed only as an alternative to incarceration.”. (c) Parole.— Section 4209(c) of title 18, United States Code, is amended to read as follows: “(c) Release on parole or release as if on parole (or probation, or supervised release where applicable) may as a condition of such release require— “(1) a parolee to reside in or participate in the program of a residential community treatment center, or both, for all or part of the period of such parole; or “(2) a parolee to remain at his place of residence during nonworking hours and, if the Commission so directs, to have compliance with this condition monitored by telephone or electronic signaling devices, except that a condition under this paragraph may be imposed only as an alternative to incarceration. A parolee residing in a residential community treatment center pursuant to paragraph (1) of this subsection may be required to pay such costs incident to such residence as the Commission deems appropriate.”. Subtitle H— Provisions Relating to Courts SEC. 7321. STATE JUSTICE INSTITUTE REAUTHORIZATION. (a) Authorization.— Section 215 of the State Justice Institute Act of 1984 (Public Law 98–620; 42 U.S.C. 10713) is amended to read as follows: “Sec. 215. There are authorized to be appropriated to carry out the purposes of this title $15,000,000 for fiscal year 1989, $15,000,000 for fiscal year 1990, $15,000,000 for fiscal year 1991, and $15,000,000 for fiscal year 1992.”. (b) Technical Amendments.— (1) Section 203(f) of the State Justice 42 USC 10702. Institute Act of 1984 is amended— (A) by striking out “, at least thirty days prior to their effective date,”; and (B) by adding to the end thereof the following: “The publication of a substantive rule shall not be made less than thirty days before the effective date of such rule, except as otherwise provided by the Institute for good cause found and published with the rule.”. (2) Section 205(d)(2) of the State Justice Institute Act of 1984 is amended by striking out “chapter 83” and inserting in lieu thereof “chapters 83 and 84”. (3) Section 206(c) of the State Justice Institute Act of 1984 is amended by— (A) inserting “judicial and” before “nonjudicial” in paragraph (3); (B) striking out paragraph (4); and (C) redesignating paragraphs (5) through (15) as paragraphs (4) through (14), respectively. (4) Section 206(d) of the State Justice Institute Act of 1984 is 42 USC 10705. amended by striking out “judicial system” and inserting in lieu thereof “court (or other unit of State or local government)”. SEC. 7322. SENTENCING JURISDICTION. Section 636(a) of title 28, United States Code, is amended by— (1) striking out “and” at the end of paragraph (2); (2) striking out the period at the end of paragraph (3) and inserting in lieu thereof “, and”; and (3) adding at the end thereof the following paragraph: “(4) the power to enter a sentence for a misdemeanor or infraction with the consent of the parties.”. SEC. 7323. CONSIDERATION OF HABEAS CORPUS REFORM LEGISLATION. (a) Introduction of Legislation by the Chairman of the Committee on the Judiciary of the Senate.— Beginning on the date the Chief Justice of the United States forwards to the Committees on the Judiciary of the Senate and the House of Representatives the report and recommendation of the Special Committee on Habeas Corpus Review of Capital Sentences, appointed by the Chief Justice of the United States and chaired by Justice Lewis Powell (hereafter in this section referred to as the “Special Committee”), the chairman of the Committee on the Judiciary of the Senate shall have 15 days of session thereafter to introduce a bill to modify Federal habeas corpus procedure after having faithfully considered the report and recommendations of the Special Committee. If no such bill is introduced by the chairman within the 15-day period, such bill may be introduced by the ranking minority Member of the committee within an additional 10 days of session. (b) Reporting of Legislation by the Committee on the Judiciary of the Senate.— (1) The bill introduced pursuant to subsection (a) shall be reported with or without recommendation by the Committee on the Judiciary of the Senate by the end of the 60th day of session after the submission of the report by the Chief Justice or the bill shall be discharged automatically from such committee and such bill shall be placed on the appropriate calendar of the Senate. (2) It is in order at any time after the 30th day of session after the bill has been placed on the calendar pursuant to paragraph (1), notwithstanding any rule or precedent of the Senate, including Rule 22, for any Member of the Senate to move to proceed to the consideration of the bill. The motion is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. Only one motion in the Senate shall be in order pursuant to this paragraph and such motion shall be decided by a roll call vote. (3) This subsection is enacted by Congress— (A) as an exercise of the rulemaking power of the Senate and as such it is deemed a part of the rules of the Senate, but applicable only with respect to the procedure to be followed in the Senate in the case of a bill described in paragraph (1), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (B) with full recognition of the constitutional right of the Senate to change the rules (so far as relating to the procedure of the Senate) at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate. (c) Report of the Special Committee.— The Special Committee is urged to expedite the filing of its report and to include options for legislative action among its findings. The House of Representatives shall give fair, appropriate, and expeditious consideration to the report of the Special Committee. Subtitle I— Provisions Relating to the Federal Bureau of Investigation SEC. 7331. AUTHORITY FOR THE FEDERAL BUREAU OF INVESTIGATION TO INVESTIGATE, UPON REQUEST, FELONIOUS KILLINGS OF STATE OR LOCAL LAW ENFORCEMENT OFFICERS. (a) Authority.— Chapter 33 of title 28, United States Code, is amended by adding at the end thereof the following new section: “§ 540. Investigation of felonious killings of State or local law enforcement officers “The Attorney General and the Federal Bureau of Investigation may investigate felonious killings of officials and employees of a State or political subdivision thereof while engaged in or on account of the performance of official duties relating to the prevention, detection, investigation, or prosecution of an offense against the criminal laws of a State or political subdivision, when such investigation is requested by the head of the agency employing the official or employee killed, and under such guidelines as the Attorney General or his designee may establish.”. (b) Conforming Amendments.— The table of sections of such chapter is amended by adding at the end thereof the following item: “540. Investigation of felonious killings of State or local law enforcement officers.”. SEC. 7332. UNIFORM FEDERAL CRIME REPORTING ACT OF 1988. (a) Short Title.— This section may be cited as the “Uniform Federal Crime Reporting Act of 1988”. (b) Definitions.— For purposes of this section, the term “Uniform Crime Reports” means the reports authorized under section 534 of title 28, United States Code, and administered by the Federal Bureau of Investigation which compiles nationwide criminal statistics for use in law enforcement administration, operation, and management and to assess the nature and type of crime in the United States. (c) Establishment of System.— (1) In general.— The Attorney General shall acquire, collect, classify, and preserve national data on Federal criminal offenses as part of the Uniform Crime Reports. (2) Reporting by federal agencies.— All departments and agencies within the Federal government (including the Department of Defense) which routinely investigate complaints of criminal activity, shall report details about crime within their respective jurisdiction to the Attorney General in a uniform manner and on a form prescribed by the Attorney General. The reporting required by this subsection shall be limited to the reporting of those crimes comprising the Uniform Crime Reports. (3) Distribution of data.— The Attorney General shall distribute data received pursuant to paragraph (2), in the form of annual Uniform Crime Reports for the United States, to the President, Members of the Congress, State governments, and officials of localities and penal and other institutions participating in the Uniform Crime Reports program. (d) Role of Federal Bureau of Investigation.— The Attorney General may designate the Federal Bureau of Investigation as the lead agency for purposes of performing the functions authorized by this section and may appoint or establish such advisory and oversight boards as may be necessary to assist the Bureau in ensuring uniformity, quality, and maximum use of the data collected. (e) Inclusion of Offenses Involving Illegal Drugs.— The Director of the Federal Bureau of Investigation is authorized to classify offenses involving illegal drugs and drug trafficking as a part I crime in the Uniform Crime Reports. (f) Authorization of Appropriations.— There are authorized to be appropriated $350,000 for fiscal year 1989 and such sums as may be necessary to carry out the provisions of this section after fiscal year 1989. (g) Effective Date.— The provisions of this section shall be effective on January 1, 1989. SEC. 7333. COLLEGE AND RAILROAD POLICE INFORMATION. Section 534 of title 28, United States Code, is amended by adding at the end thereof the following new subsection: “(d) For purposes of this section, the term ‘other institutions’ includes— “(1) railroad police departments which perform the administration of criminal justice and have arrest powers pursuant to a State statute, which allocate a substantial part of their annual budget to the administration of criminal justice, and which meet training requirements established by law or ordinance for law enforcement officers; and “(2) police departments of private colleges or universities which perform the administration of criminal justice and have arrest powers pursuant to a State statute, which allocate a substantial part of their annual budget to the administration of criminal justice, and which meet training requirements established by law or ordinance for law enforcement officers.”. Subtitle J— Provisions Relating to the Deportation of Aliens Who Commit Aggravated Felonies SEC. 7341. AMENDMENTS TO THE IMMIGRATION AND NATIONALITY ACT. Except as otherwise specifically provided in this subtitle, whenever in this subtitle an amendment or repeal is expressed as an amendment to, or repeal of, a provision, the reference shall be deemed to be made to the Immigration and Nationality Act. SEC. 7342. DEFINITION. Section 101(a) (8 U.S.C. 1101(a)) is amended by adding at the end thereof the following new paragraph: “(43) The term ‘aggravated felony’ means murder, any drug trafficking crime as defined in section 924(c)(2) of title 18, United States Code, or any illicit trafficking in any firearms or destructive devices as defined in section 921 of such title, or any attempt or conspiracy to commit any such act, committed within the United States.”. SEC. 7343. DEPORTATION OF ALIENS COMMITTING AGGRAVATED FELONIES. (a) Retention in Custody by the Attorney General.— Section 242(a) (8 U.S.C. 1252(a)) is amended— (1) in the second sentence, by striking out “Any” and inserting in lieu thereof “Except as provided in paragraph (2), any”; (2) by redesignating clauses (1), (2), and (3) as clauses (A), (B), and (C), respectively; (3) by inserting “(1)” immediately after “(a)”; and (4) by adding at the end thereof the following new paragraphs: “(2) The Attorney General shall take into custody any alien convicted of an aggravated felony upon completion of the alien’s sentence for such conviction. Notwithstanding subsection (a), the Attorney General shall not release such felon from custody. “(3) (A) The Attorney General shall devise and implement a system— “(i) to make available, daily (on a 24-hour basis), to Federal, State, and local authorities the investigative resources of the Service to determine whether individuals arrested by such authorities for aggravated felonies are aliens; “(ii) to designate and train officers and employees of the Service within each district to serve as a liaison to Federal, State, and local law enforcement and correctional agencies and courts with respect to the arrest, conviction, and release of any alien charged with an aggravated felony; and “(iii) which uses computer resources to maintain a current record of aliens who have been convicted of an aggravated felony and who have been deported; such record shall be made available to inspectors at ports of entry and to border patrol agents at sector headquarters for purposes of immediate identification of any such previously deported alien seeking to reenter the United States. “(B) The Attorney General shall submit reports to the Committees on the Judiciary of the House of Representatives and of the Senate at the end of the 6-month period and at the end of the 18-month period beginning on the effective date of this paragraph which describe in detail specific efforts made by the Attorney General to implement this paragraph.”. (b) Inapplicability of Voluntary Departure.— Section 244(e) (8 U.S.C. 1254(e)) is amended— (1) by striking out “(e) The” and inserting in lieu thereof “(e)(1) Except as provided in paragraph (2), the”; and (2) by adding at the end thereof the following new paragraph: “(2) The authority contained in paragraph (1) shall not apply to any alien who is deportable because of a conviction for an aggravated felony.”. (c) Applicability.— The amendments made by subsections (a) and (b) shall apply to any alien who has been convicted, on or after the date of the enactment of this Act, of an aggravated felony. SEC. 7344. GROUNDS OF DEPORTATION. (a) In General.— Section 241(a)(4) (8 U.S.C. 1251(a)(4)) is amended— (2) by inserting after the semicolon the following: “or (B) is convicted of an aggravated felony at any time after entry;”, (b) Applicability.— The amendments made by subsection (a) shall 8 USC 1251 note. apply to any alien who has been convicted, on or after the date of the enactment of this Act, of an aggravated felony. SEC. 7345. CRIMINAL PENALTIES FOR REENTRY OF CERTAIN DEPORTED ALIENS. (a) In General.— Section 276 (8 U.S.C. 1326) is amended— (1) by striking out “Any alien” and inserting in lieu thereof “(a) Subject to subsection (b), any alien”; and (2) by adding at the end thereof the following new subsection: “(b) Notwithstanding subsection (a), in the case of any alien described in such subsection— “(1) whose deportation was subsequent to a conviction for commission of a felony (other than an aggravated felony), such alien shall be fined under title 18, United States Code, imprisoned not more than 5 years, or both; or “(2) whose deportation was subsequent to a conviction for commission of an aggravated felony, such alien shall be fined under such title, imprisoned not more than 15 years, or both.”. (b) Applicability.— The amendments made by subsection (a) shall 8 USC 1326 note. apply to any alien who enters, attempts to enter, or is found in, the United States on or after the date of the enactment of this Act. SEC. 7346. CRIMINAL PENALTIES FOR AIDING OR ASSISTING CERTAIN ALIENS TO ENTER THE UNITED STATES. (a) In General.— Section 277 (8 U.S.C. 1327) is amended by inserting “(9), (10), (23) (insofar as an alien excludable under any such paragraph has in addition been convicted of an aggravated felony),” immediately after “212(a)”. (b) Applicability.— The amendment made by subsection (a) shall 8 USC 1327 note. apply to any aid or assistance which occurs on or after the date of the enactment of this Act. (c) Conforming Amendments.— (1) The section heading for such section is amended by striking out “subversive alien” and inserting in lieu thereof “certain aliens”. (2) The table of contents of such Act is amended by amending the item relating to section 277 to read as follows: “Sec. 277. Aiding or assisting certain aliens to enter the United States.”. SEC. 7347. EXPEDITED DEPORTATION PROCEEDINGS FOR ALIENS CONVICTED OF AGGRAVATED FELONIES. (a) Expedited Proceedings.— The Act is further amended by inserting after section 242 the following new section: “Sec. 242A. “expedited procedures for deportation of aliens convicted of committing aggravated felonies (a) In General.— The Attorney General shall provide 8 USC 1252a. for the availability of special deportation proceedings at certain Federal, State, and local correctional facilities for aliens convicted of aggravated felonies (as defined in section 101(a)(43). Such proceedings shall be conducted in conformity with section 242 (except as otherwise provided in this section), and in a manner which eliminates the need for additional detention at any processing center of the Service and in a manner which assures expeditious deportation, where warranted, following the end of the alien’s incarceration for the underlying sentence. “(b) Implementation.— With respect to an alien convicted of an aggravated felony who is taken into custody by the Attorney General pursuant to section 242(a)(2), the Attorney General shall, to the maximum extent practicable, detain any such felon at a facility at which other such aliens are detained. In the selection of such facility, the Attorney General shall make reasonable efforts to ensure that the alien’s access to counsel and right to counsel under section 292 are not impaired. “(c) Presumption of Deportability.— An alien convicted of an aggravated felony shall be conclusively presumed to be deportable from the United States. “(d) Expedited Proceedings.— (1) Notwithstanding any other provision of law, the Attorney General shall provide for the initiation and, to the extent possible, the completion of deportation proceedings, and any administrative appeals thereof, in the case of any alien convicted of an aggravated felony before the alien’s release from incarceration for the underlying aggravated felony.” “(2) Nothing in this section shall be construed as requiring the Attorney General to effect the deportation of any alien sentenced to actual incarceration, before release from the penitentiary or correctional institution where such alien is confined, unless the chief prosecutor or the judge in whose jurisdiction conviction occurred submits a written request to the Attorney General that such alien be so deported. “(e) Review.— (1) The Attorney General shall review and evaluate Reports. deportation proceedings conducted under this section. Within 12 months after the effective date of this section, the Attorney General shall submit a report to the Committees on the Judiciary of the House of Representatives and of the Senate concerning the effectiveness of such deportation proceedings in facilitating the deportation of aliens convicted of aggravated felonies. “(2) The Comptroller General shall monitor, review, and evaluate Reports. deportation proceedings conducted under this section. Within 18 months after the effective date of this section, the Comptroller General shall submit a report to such Committees concerning the extent to which deportation proceedings conducted under this section may adversely affect the ability of such aliens to contest deportation effectively.”. (b) Appeals.— Paragraph (1) of section 106(a) (8 U.S.C. 1105a(a)(1)) is amended to read as follows: “(1) a petition for review may be filed not later than 6 months after the date of the issuance of the final deportation order, or, in the case of an alien convicted of an aggravated felony, not later than 60 days after the issuance of such order;”. (c) Applicability.— The amendments made by subsections (a) and (b) shall apply in the case of any alien convicted of an aggravated felony on or after the date of the enactment of this Act. (d) Table of Contents.— The table of contents of such Act is further amended by inserting after the item relating to section 242 the following new item: “Sec. 242A. Expedited Procedures for deportation of aliens convicted of committing aggravated felonies.”. SEC. 7348. DEPORTATION FOR WEAPONS VIOLATION. (a) In General.— Section 241(a)(14) (8 U.S.C. 1251(a)(14)) is amended by inserting after “law” the following: “any firearm or destructive device (as defined in paragraphs (3) and (4)), respectively, of section 921(a) of title 18, United States Code, or any revolver or”. (b) Applicability.— The amendment made by subsection (a) shall 8 USC 1251 note. apply to any alien convicted, on or after the date of the enactment of this Act, of possessing any firearm or destructive device referred to in such subsection. SEC. 7349. BAR ON REENTRY OF ALIENS CONVICTED OF AGGRAVATED FELONIES. (a) In General.— Section 212(a)(17) (8 U.S.C. 1182(a)(17)) is amended by inserting “(or within ten years in the case of an alien convicted of an aggravated felony)” after “within five years”. (b) Applicability.— The amendment made by subsection (a) shall 8 USC 1182 note. apply to any alien convicted of an aggravated felony who seeks admission to the United States on or after the date of the enactment of this Act. SEC. 7350. IMMIGRATION AND NATURALIZATION SERVICE PERSONNEL ENHANCEMENT. (a) Pilot Program Regarding the Identification of Certain Aliens.— (1) Within 6 months after the effective date of this subtitle, the Attorney General shall establish, out of funds appropriated pursuant to subsection (c)(2), a pilot program in 4 cities to improve the capabilities of the Immigration and Naturalization Service (hereinafter in this section referred to as the “Service”) to respond to inquiries from Federal, State, and local law enforcement authorities concerning aliens who have been arrested for or convicted of, or who are the subject of any criminal investigation relating to, a violation of any law relating to controlled substances (other than an aggravated felony as defined in section 101(a)(43) of the Immigration and Nationality Act, as added by section 7342 of this subtitle). (2) At the end of the 12-month period after the establishment of such pilot program, the Attorney General shall provide for an evaluation of its effectiveness, including an assessment by Federal, State, and local prosecutors and law enforcement agencies. The Attorney General shall submit a report containing the Reports. conclusions of such evaluation to the Committees on the Judiciary of the House of Representatives and of the Senate within 60 days after the completion of such evaluation. (b) Hiring of Investigative Agents.— (1) Any investigative agent hired by the Attorney General for purposes of this section shall be employed exclusively to assist Federal, State, and local law enforcement agencies in combating drug trafficking and crimes of violence by aliens. (2) Any investigative agent hired under this section who is older than 35 years of age shall not be eligible for Federal retirement benefits made available to individuals who perform hazardous law enforcement activities. Subtitle K— United States Customs Service SEC. 7361. AUTHORIZATION OF APPROPRIATIONS FOR THE UNITED STATES CUSTOMS SERVICE. (a) In General.— (1) Paragraph (1) of section 301(b) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)) is amended to read as follows: “(1) For noncommercial operations.— There are authorized to be appropriated for fiscal year 1989 not to exceed $440,504,000 for the salaries and expenses of the United States Customs Service that are incurred in noncommercial operations, of which at least $26,240,000 shall be used to increase the number of customs inspectors for contraband enforcement teams and other drug interdiction personnel of the United States Customs Service to a number which exceeds the total number of such inspectors and personnel employed by the United States Customs Service on September 30, 1988, by the equivalent of at least 435 full-time employees, and for related equipment.”. (2) Subsection (b) of section 301 of the Customs Procedural Reform and Simplification Act of 1978 is amended— (A) by striking out “1988” in paragraphs (2) and (3) and inserting in lieu thereof “1989”, (B) by striking out “$615,000,000” in paragraph (2) and inserting in lieu thereof “$615,247,000”, (C) by striking out “$118,309,000” in paragraph (3) and inserting in lieu thereof “$142,262,000”, and (D) by adding at the end thereof the following new paragraph: “(4) Customs cooperation council.— There are authorized to be appropriated to the Secretary of the Treasury for fiscal year 1989, $1,600,000 for payment to the Customs Cooperation Council.”. (b) Increase in Number of Employees.— Subsection (g) of section 301 of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(g)) is amended by adding at the end thereof the following new paragraph: “(3) The total number of employees of the United States Customs Service shall be equivalent to at least 17,174 full-time employees.”. (c) Inconsistent Decisions of Customs Officers.— (1) The Secretary of the Treasury shall prescribe regulations that— (A) effect uniformity in— (i) decisions described in section 514(a) of the Tariff Act of 1930 (19 U.S.C. 1514(a)) that are made by customs officers with respect to the same, or substantially similar, merchandise, and (ii) decisions to conduct intensified inspections or examinations of merchandise at ports of entry, and (B) establish procedures that allow individuals described in section 514(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1514(c)(1)), any port authority, and any other interested party (within the meaning of section 516(a)(2) of the Tariff Act of 1930 (19 U.S.C. 1516(a)(2))) to petition the Secretary to obtain such uniformity in an expedited and timely fashion. (2) The Secretary of the Treasury shall publish in the Federal Federal Register, publication. Register and submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives the proposed and final form of the regulations prescribed under paragraph (1) and shall receive and consider comments from the public regarding the proposed form of such regulations during the 60-day period beginning on the date the proposed form of such regulations are published in the Federal Register. (3) The regulations prescribed under paragraph (1) shall take Effective date. effect by no later than April 1, 1989. (4) By no later than September 1, 1989, the Secretary of the Reports. Treasury shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on the effectiveness of the regulations prescribed under paragraph (1) and recommendations for permanent legislation addressing uniformity. SEC. 7362. UNITED STATES CUSTOMS SERVICE DRUG INTERDICTION ASSET ENHANCEMENT. In addition to any other amounts authorized to be appropriated Appropriation authorization. for fiscal year 1989, there are authorized to be appropriated for Operation and Maintenance, Air Interdiction Program for fiscal year 1989, $57,400,000: Provided, That such additional appropriation shall be available for the procurement of helicopters; tracking, and interceptor aircraft; and operation and maintenance expenses for these and other assets of the United States Customs Service’s air interdiction program. SEC. 7363. TRANSFER OF AIRCRAFT. The Secretary of the Treasury shall transfer to the office of the Indiana. sheriff of Marion County, Indiana, for use by that office for drug enforcement and prisoner transportation purposes, a light twin engine or high-performance single engine aircraft having a capacity of not less than 4 passengers that— (1) was forfeited to the United States under the customs laws; (2) is not transferred to any Federal agency or State or local law enforcement agency under section 616 of the Tariff Act of 1930; and (3) would, but for this section, be sold at public auction under section 609 of the Tariff Act of 1930. Section 616(d) of the Tariff Act of 1930 applies to the aircraft transferred under this section. SEC. 7364. CUSTOMS FORFEITURE FUND. Section 613A of the Tariff Act of 1930 (19 U.S.C. 1613b) is amended to read as follows: “SEC. 613A. CUSTOMS FORFEITURE FUND. “(a) In General.— “(1) There is established in the Treasury of the United States a fund to be known as the ‘Customs Forfeiture Fund’ (hereafter in this section referred to as the ‘Fund’), which shall be available to the United States Customs Service, subject to appropriation, with respect to seizures and forfeitures by the United States Customs Service and the United States Coast Guard under any law enforced or administered by those agencies for payment, or for reimbursement to the appropriation from which payment was made, for— “(A) all proper expenses of the seizure (including investigative costs incurred by the United States Customs Service leading to seizures) or the proceedings of forfeiture and sale, including, but not limited to, the expenses of inventory, security, and maintenance of custody of the property, advertisement and sale of the property, and if condemned by the court and a bond for such costs was not given, the costs as taxed by the court; “(B) awards of compensation to informers under section 619; “(C) satisfaction of— “(i) liens for freight, charges, and contributions in general average, notice of which has been filed with the appropriate customs officer according to law, and “(ii) other liens against forfeited property; “(D) amounts authorized by law with respect to remission and mitigation; and “(E) claims of parties in interest to property disposed of under section 612(b), in the amounts applicable to such claims at the time of seizure. “(2) Any payment made under subparagraph (C) or (D) of paragraph (1) with respect to a seizure or a forfeiture of property shall not exceed the value of the property at the time of the seizure. “(3) In addition to the purposes described in paragraph (1), the Fund shall be available for— “(A) purchases by the United States Customs Service of evidence of— “(i) smuggling of controlled substances, and “(ii) violations of the currency and foreign transaction reporting requirements of chapter 51 of title 31, United States Code, if there is a substantial probability that the violations of these requirements are related to the smuggling of controlled substances; “(B) equipment for any vessel, vehicle, or aircraft available for official use by the United States Customs Service to enable the vessel, vehicle, or aircraft to assist in law enforcement functions; “(C) the reimbursement, at the discretion of the Secretary, of private persons for expenses incurred by such persons in cooperating with the United States Customs Service in investigations and undercover law enforcement operations; “(D) publication of the availability of awards under section 619; “(E) equipment for any vessel, vehicle, or aircraft available for official use by a State or local law enforcement agency to enable the vessel, vehicle, or aircraft to assist in law enforcement functions if the conveyance will be used in joint law enforcement operations with the United States Customs Service; and “(F) payment of overtime salaries, travel, fuel, training, equipment, and other similar costs of State and local law enforcement officers that are incurred in joint law enforcement operations with the United States Customs Service. “(b) United States Coast Guard.— The Commissioner of Customs shall make available to the United States Coast Guard, from funds appropriated under subsection (f)(2) in excess of $10,000,000 for a fiscal year, proceeds in the Fund derived from seizures by the Coast Guard. Funds made available under this subsection may be used for— “(1) equipment for any vessel, vehicle, or aircraft available for official use by the United States Coast Guard to enable the vessel, vehicle, or aircraft to assist in law enforcement functions; “(2) equipment for any vessel, vehicle, equipment, or aircraft available for official use by a State or local law enforcement agency to enable the vessel, vehicle, or aircraft to assist in law enforcement functions if the conveyance will be used in joint law enforcement operations with the United States Coast Guard; “(3) payment of overtime salaries, travel, fuel, training, equipment, and other similar costs of State and local law enforcement officers that are incurred in joint law enforcement operations with the United States Coast Guard; and “(4) expenses incurred in bringing vessels into compliance with applicable environmental laws prior to disposal by sinking. “(c) Deposits.— There shall be deposited into the Fund all proceeds from forfeiture under any law enforced or administered by the United States Customs Service or the United States Coast Guard and all income from investments made under subsection (d). “(d) Investment.— Amounts in the Fund which are not currently needed for the purposes of this section shall be invested in obligations of, or guaranteed by, the United States. “(e) Annual Reports; Audits.— “(1) The Commissioner of Customs shall transmit to the Congress, by no later than February 1 of each fiscal year the following detailed reports: “(A) a report on— “(i) the estimated total value of property forfeited under any law enforced or administered by the United States Customs Service or the United States Coast Guard with respect to which funds were not deposited in the Fund during the previous fiscal year, and “(ii) the estimated total value of all such property transferred to any State or local law enforcement agency; and “(B) a report on— “(i) the balance of the Fund at the beginning of the preceding fiscal year; “(ii) sources of receipts (seized cash, conveyances, and others) of the Fund during the previous fiscal year; “(iii) liens and mortgages paid and amount of money shared with State and local law enforcement agencies during the previous fiscal year; “(iv) the net amount realized from the operations of the Fund during the previous fiscal year, the amount of seized cash being held as evidence, and the amount of money that has been carried over to the current fiscal year; “(v) any defendant’s equity in property valued at $1,000,000 or more; and “(vi) the balance of the Fund at the end of the previous fiscal year. “(2) The Fund shall be subject to annual financial audits conducted by the Comptroller General of the United States. “(f) Authorization of Appropriations.— “(1) There are hereby appropriated from the Fund such sums as may be necessary to carry out the purposes set forth in subsection (a)(1). “(2) There are authorized to be appropriated from the Fund not to exceed $20,000,000 for each fiscal year to carry out the purposes set forth in subsections (a)(3) and (b) for such fiscal year. “(3) At the end of each fiscal year, any unobligated amount in excess of $15,000,000 remaining in the Fund shall be deposited into the general fund of the Treasury of the United States.”. SEC. 7365. WARRANTS. Section 603 of the Tariff Act of 1930 (19 U.S.C. 1603) is amended— (1) by amending the section heading to read as follows: “SEC. 603. SEIZURE; WARRANTS AND REPORTS.”; and (2) by striking out “Whenever a seizure of merchandise” and inserting in lieu thereof the following: “(a) Any property which is subject to forfeiture to the United States for violation of the customs laws and which is not subject to search and seizure in accordance with the provisions of section 595 of this Act, may be seized by the appropriate officer or person upon process issued in the same manner as provided for a search warrant under the Federal Rules of Criminal Procedure. This authority is in addition to any seizure authority otherwise provided by law. “(b) Whenever a seizure of merchandise”. SEC. 7366. DISPOSITION OF FORFEITED PROPERTY. (a) Amendment.— Section 616(c) of the Tariff Act of 1930 (19 U.S.C. 1616a(c)) is amended to read as follows: “(c) (1) The Secretary of the Treasury may apply property forfeited under this Act in accordance with subparagraph (A) or (B), or both: “(A) Retain any of the property for official use. “(B) Transfer any of the property to any— “(i) other Federal agency; or “(ii) State or local law enforcement agency that participated directly or indirectly in the seizure or forfeiture of the property. “(2) The Secretary may transfer any forfeited personal property or the proceeds of the sale of any forfeited personal or real property to any foreign country which participated directly or indirectly in the seizure or forfeiture of the property, if such a transfer— “(A) has been agreed to by the Secretary of State; “(B) is authorized in an international agreement between the United States and the foreign country; and “(C) is made to a country which, if applicable, has been certified under section 481(h) of the Foreign Assistance Act of 1961.”. (b) Effective Date.— The amendment made by subsection (a) 19 USC 1616a note. applies with respect to property forfeited under the Tariff Act of note. 1930 on or after the date of the enactment of this Act. SEC. 7367. AMENDMENTS TO THE TARIFF ACT OF 1930. (a) Penalty for Failure To Declare.— Section 497(a)(2)(A) of the Tariff Act of 1930 (19 U.S.C. 1497), is amended by striking out “200 percent” and inserting in lieu thereof “1,000 percent”. (b) Effect of a Declaration of Forfeiture.— Section 609 of the Tariff Act of 1930 (19 U.S.C. 1609) is amended to read as follows. “SEC. 609. SEIZURE; SUMMARY FORFEITURE AND SALE. “(a) In General.— If no such claim is filed or bond given within the twenty days hereinbefore specified, the appropriate customs officer shall declare the vessel, vehicle, aircraft, merchandise, or baggage forfeited, and shall sell the same at public auction in the same manner as merchandise abandoned to the United States is sold or otherwise dispose of the same according to law, and shall deposit the proceeds of sale, after deducting the expenses described in section 613, into the Customs Forfeiture Fund. “(b) Effect.— A declaration of forfeiture under this section shall have the same force and effect as a final decree and order of forfeiture in a judicial forfeiture proceeding in a district court of the United States. Title shall be deemed to vest in the United States free and clear of any liens or encumbrances (except for first preferred ship mortgages pursuant to subsection O of section 30 of the Ship Mortgage Act, 1920 (46 U.S.C. App. 961) or any corresponding revision, consolidation, and enactment of such subsection in title 46, United States Code) from the date of the act for which the forfeiture was incurred. Officials of the various States, insular possessions, territories, and commonwealths of the United States shall, upon application of the appropriate customs officer accompanied by a certified copy of the declaration of forfeiture, remove any recorded liens or encumbrances which apply to such property and issue or reissue the necessary certificates of title, registration certificates, or similar documents to the United States or to any transferee of the United States.”. (c) Technical Corrections.— (1) Section 431(c)(1)(G) of the Tariff Act of 1930 (19 U.S.C. 1431(c)(1)(G)) is amended by striking out “or” and inserting in lieu thereof “of”. (2) Section 608 of the Tariff Act of 1930 (19 U.S.C. 1608) is amended to read as follows: “SEC. 608. SEIZURE; CLAIMS; JUDICIAL CONDEMNATION. “Any person claiming such vessel, vehicle, aircraft, merchandise, or baggage may at any time within twenty days from the date of the first publication of the notice of seizure file with the appropriate customs officer a claim stating his interest therein. Upon the filing of such claim, and the giving of a bond to the United States in the penal sum of $5,000 or 10 percent of the value of the claimed property, whichever is lower, but not less than $250, with sureties to be approved by such customs officer, conditioned that in case of condemnation of the articles so claimed the obligor shall pay all the costs and expenses of the proceedings to obtain such condemnation, such customs officer shall transmit such claim and bond, with a duplicate list and description of the articles seized, to the United States attorney for the district in which seizure was made, who shall proceed to a condemnation of the merchandise or other property in the manner prescribed by law.”. (3) Section 610 of the Tariff Act of 1930 (19 U.S.C. 1610) is amended to read as follows: “SEC. 610. SEIZURE; JUDICIAL FORFEITURE PROCEEDINGS. “If any vessel, vehicle, aircraft, merchandise, or baggage is not subject to section 607, the appropriate customs officer shall transmit a report of the case, with the names of available witnesses, to the United States attorney for the district in which the seizure was made for the institution of the proper proceedings for the condemnation of such property.”. (4) Section 612 of the Tariff Act of 1930 (19 U.S.C. 1612) is amended to read as follows: “SEC. 612. SEIZURE; SUMMARY SALE. “(a) Whenever it appears to the appropriate customs officer that any vessel, vehicle, aircraft, merchandise, or baggage seized under the customs laws is liable to perish or to waste or to be greatly reduced in value by keeping, or that the expense of keeping the same is disproportionate to the value thereof, and such vessel, vehicle, aircraft, merchandise, or baggage is subject to section 607, and such vessel, vehicle, aircraft, merchandise, or baggage has not been delivered under bond, such officer shall proceed forthwith to advertise and sell the same at auction under regulations to be prescribed by the Secretary of the Treasury. If such vessel, vehicle, aircraft, merchandise, or baggage is not subject to section 607, such officer shall forthwith transmit the appraiser’s return and his report of the seizure to the United States attorney, who shall petition the court to order an immediate sale of such vessel, vehicle, aircraft, merchandise, or baggage, and if the ends of justice require it the court shall order such immediate sale, the proceeds thereof to be deposited with the court to await the final determination of the condemnation proceedings. Whether such sale be made by the customs officer or by order of the court, the proceeds thereof shall be held subject to claims of parties in interest to the same extent as the vessel, vehicle, aircraft, merchandise, or baggage so sold would have been subject to such claim. “(b) If the expense of keeping the vessel, vehicle, aircraft, merchandise, or baggage is disproportionate to the value thereof, and such value is less than $1,000, such officer may proceed forthwith to order destruction or other appropriate disposition of such property, under regulations prescribed by the Secretary of the Treasury,”. (5) Section 589 of the Tariff Act of 1930 (19 U.S.C. 1589), as added by section 320 of the Comprehensive Forfeiture Act of 1984 (Public Law 98–473; 98 Stat. 2056), is hereby repealed. (6) Section 627 of the Tariff Act of 1930 (19 U.S.C. 1627), as added by section 302 of the Motor Vehicle Theft Law Enforcement Act of 1984 (98 Stat. 2771), is hereby repealed. SEC. 7368. CARGO CONTAINER DRUG DETECTION RESEARCH AND DEVELOPMENT. (a) Authorization of Appropriations.— In addition to any other amounts authorized to be appropriated for fiscal year 1989, there are authorized to be appropriated to the United States Customs Service for the fiscal year 1989, $4,100,000: Provided, That such additional appropriation shall be used only for accelerating the development and availability of X-ray detection, nitrate detection, or other technologies to be utilized for the detection, of illegal narcotics in cargo containers entering the United States at seaports, airports, and land borders. Up to $10,900,000 of funds appropriated under section 301(b)(1) of the Customs Procedural Reform and Simplification Act of 1978 may be used for the purpose set forth in this subsection. (b) Coordination.— The Commissioner of Customs shall coordinate and share the findings of the research and development authorized in subsection (a) with other Federal departments and agencies with possible mission requirements for such technology, including the Federal Aviation Administration and United States Coast Guard in the Department of Transportation; the Drug Enforcement Administration in the Department of Justice; and the appropriate State and local law enforcement agencies, including airport authorities, port authorities, and other interested parties. (c) Report.— The Commissioner of Customs shall report his findings in either classified, or unclassified form, to the appropriate Committees of Congress in conjunction with the President’s submission of his fiscal year 1990 Budget of the United States. SEC. 7369. STANDARDS OF CARE IN DISCOVERING CONTRABAND. (a) In General.— By no later than the date that is 120 days after the date of enactment of this Act and after an opportunity for public comment, the Secretary of the Treasury shall prescribe regulations which set forth criteria for use by the owner, master, pilot, operator, or officer of, or other employee in charge of, any common carrier in meeting the standards under sections 584(a)(2) and 594(c) of the Tariff Act of 1930 (19 U.S.C 1584(a)(2) and 1594(c)) for the exercise of the highest degree of care and diligence to know whether controlled substances imported into the United States are on board the common carrier. (b) Air Carrier Smuggling Prevention Program.— (1) The Secretary of the Treasury, in consultation with the Secretary of Transportation, shall issue controlled substances regulations for a 2-year demonstration program within 6 months after the date of the enactment of this Act. The regulations shall apply to at least three United States International Airports classified as high-risk by the United States Customs Service and based upon the volume of cargo and number of aircraft arriving from high-risk points of departure. Such regulations shall establish procedures for air carrier development and Customs Service approval of foreign and domestic security and inspection practices. The regulations shall permit air carriers to request the Secretary of the Treasury to permit air carriers, the Customs Service, or an approved agent of the Customs Service to inspect at United States airports of entry, and aircraft arriving from foreign locations. The Secretary of the Treasury shall approve such request if the applicant meets the requirements of the regulations. Taking into account all considerations of security, law enforcement, and commercial needs, inspections of aircraft and cargo shall be conducted and completed within a reasonable period of time. (2) Air carriers which have applied to the Secretary of the Treasury and which the Secretary determines to be in compliance with the regulations and inspection requirements promul-gated under paragraph (1) shall be considered participating air carriers. The Secretary of the Treasury shall establish by regulation a procedure for finding a carrier to be a participating carrier and procedures for subsequent removal of that status. The Secretary shall not remove an air carrier from the status of participating air carrier unless the Secretary has first provided to the air carrier a written notice that the air carrier is not in compliance with the regulations or inspection requirements promulgated under paragraph (1), which notice shall include the reasons for that determination, and has provided to the air carrier a reasonable opportunity to correct such noncompliance. (3) Participating air carriers shall be considered to have met the test of the highest degree of care and diligence required under law, and shall not be subject to the penalty or seizure provisions of the Tariff Act of 1930, if a controlled substance is discovered aboard an aircraft that they may own or operate or in the cargo they carried, if the participating air carrier establishes at an oral presentation that the air carrier was not grossly negligent nor engaged in willful misconduct, and complied with the applicable procedures established in the regulations promulgated under paragraph (1). (4) For the purpose of this subsection, the term “air carrier” means an air carrier or foreign air carrier as those terms are defined in section 101 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1301). (5) No provision of this section shall have any effect on air transportation security requirements prescribed pursuant to the Federal Aviation Act of 1958. SEC. 7370. COMMENDATION OF UNITED STATES CUSTOMS SERVICE. (a) Findings.— The Congress finds that— (1) on October 11, 1988, the United States Customs Service announced the results of Operation C-Chase, a 2-year investigation of the Bank of Credit and Commerce International and its top managers; (2) this investigation culminated in simultaneous arrest, search and seizure warrants in the United States, France, and the United Kingdom; (3) Operation C-Chase is the first indictment of an international financial institution for laundering illegal narcotics proceeds; and (4) Operation C-Chase ended in 39 arrests, including of Amjad Awan—General Manuel Antonio Noriega’s personal banker—and other alleged international drug and money laundering kingpins known as Gonzalo Mora, Jr., Roberto Alcaino, and Don Chepe, some of whom are intimately tied to the Medellin Cartel. (b) Commendation by the Congress.— The Congress— (1) commends Commissioner William von Raab, for his outstanding leadership and dedication over the last 7 years as Commissioner of the United States Customs Service, and specifically for his direction of Operation C-Chase; (2) commends and expresses its gratitude to the undercover agents involved in Operation C-Chase, who risked their lives and well-being for the sake of combatting the international drug trade; and (3) expresses its appreciation for the efforts of Special Agent in Charge Bonni Tischler of the Customs Service, and all other United States Customs officials who participated in Operation C-Chase. (c) Transmittal.— The Secretary of the Senate is directed to transmit copies of this section to President Reagan, Commissioner von Raab, and Special Agent Tischler. Subtitle L— Coast Guard Drug Law Enforcement SEC. 7401. AUTHORITY AND PROTECTION OF COMMANDING OFFICERS ON NAVAL VESSELS TO WHICH COAST GUARD PERSONNEL ARE ASSIGNED. (a) In General.— Section 637 of title 14, United States Code, is amended to read as follows: “§ 637. Stopping vessels; immunity for firing at or into vessel “(a) Whenever any vessel liable to seizure or examination does not stop on being ordered to do so or on being pursued by an authorized vessel or authorized aircraft which has displayed the ensign, pennant, or other identifying insignia prescribed for an authorized vessel or authorized aircraft, the person in command or in charge of the authorized vessel or authorized aircraft may, after a gun has been fired by the authorized vessel or authorized aircraft as a warning signal, fire at or into the vessel which does not stop. “(b) The person in command of an authorized vessel or authorized aircraft and all persons acting under that person’s direction shall be indemnified from any penalties or actions for damages for firing at or into a vessel pursuant to subsection (a). If any person is killed or wounded by the firing, and the person in command of the authorized vessel or authorized aircraft or any person acting pursuant to their orders is prosecuted or arrested therefor, they shall be forthwith admitted to bail. “(c) A vessel or aircraft is an authorized vessel or authorized aircraft for purposes of this section if— “(1) it is a Coast Guard vessel or aircraft; or “(2) it is a surface naval vessel on which one or more members of the Coast Guard are assigned pursuant to section 379 of title 10.”. (b) Conforming Amendment.— The item relating to section 637 in the table of sections at the beginning of chapter 17 of title 14, United States Code, is amended to read as follows: “637. Stopping vessels; immunity for firing at or into vessel.” SEC. 7402. MARITIME DRUG LAW ENFORCEMENT ACT AMENDMENTS. (a) Section 3(a) Amendment.— Section 3(a) of the Act entitled “An Act to facilitate increased enforcement by the Coast Guard of laws relating to the importation of controlled substances, and for other purposes”, approved September 15, 1980 (46 U.S.C. App. 1903(a)), is amended by inserting after “jurisdiction of the United States,” the following: “or who is a citizen of the United States or a resident alien of the United States on board any vessel,”. (b) Section 3(b) Amendment.— Section 3(b)(2) of such Act (46 U.S.C. App. 1903(b)(2)) is amended by inserting after “High Seas” the following: “and a claim of nationality or registry for the vessel is made by the master or individual in charge at the time of the enforcement action by an officer or employee of the United States authorized to enforce applicable provisions of United States law”. SEC. 7403. COAST GUARD LAW ENFORCEMENT DUTIES. Section 2 of title 14, United States Code, is amended by striking “United States;” the first place it appears and inserting in lieu thereof “United States; shall engage in maritime air surveillance or interdiction to enforce or assist in the enforcement of the laws of the United States;”. SEC. 7404. GREAT LAKES DRUG INTERDICTION. (a) Interagency Agreement.— The Secretary of Transportation and the Secretary of the Treasury shall enter into an agreement for the purpose of increasing the effectiveness of maritime drug interdiction activities of the Coast Guard and the Customs Service in the Great Lakes area. (b) Negotiations With Canada on Drug Enforcement Cooperation.— The Secretary of State is encouraged to enter into negotiations with appropriate officials of the Government of Canada for the purpose of establishing an agreement between the United States and Canada which provides for increased cooperation and sharing of information between United States and Canadian law enforcement officials with respect to law enforcement efforts conducted on the Great Lakes between the United States and Canada. SEC. 7405. AUTHORIZATION OF APPROPRIATIONS. (a) Additional Authorization of Appropriations for the Coast Guard.— (1) Acquisition, construction, and improvements.— Subject to subsection (c), there are authorized to be appropriated for acquisition, construction, and improvements of the Coast Guard $200,000,000 for fiscal year 1989, to remain available until expended. (2) Operating Expenses.— Subject to subsection (c), there are authorized to be appropriated for operating expenses of the Coast Guard $80,000,000 for fiscal year 1989 and $20,000,000 for each of fiscal years 1990, 1991, and 1992, to remain available until expended. Amounts appropriated pursuant to this paragraph shall be used to increase by 500 the full-time equivalent strength level for the Coast Guard for active duty personnel for fiscal years 1989, 1990, 1991, and 1992, and to procure, enhance, relocate, operate, and maintain vessels, aircraft, radar, equipment, and structures by the Coast Guard for drug interdiction purposes. (b) Amounts in Addition to Other Amounts.— Amounts and personnel authorized by this section are in addition to any other amounts or personnel strengths authorized for the Coast Guard for any fiscal year. (c) Authorization Enhancement.— Nothing in this Act shall authorize the Coast Guard to recruit, compensate, train, purchase, or deploy any personnel or equipment except to the extent that— (1) additional appropriations are made available in appropriations Acts for that purpose; or (2) funds are transferred to the Secretary of Transportation for that purpose pursuant to this Act. Subtitle M— INTERPOL Provisions SEC. 7451. AUTHORIZATION TO ACCEPT MONEY, GOODS, AND SERVICES FOR THE INTERPOL CONFERENCE AND FOR A COMMEMORATIVE GIFT TO THE INTERPOL GENERAL SECRETARIAT. (a) Interpol Conference.— Notwithstanding the provisions of section 1342 of title 31, United States Code, the Attorney General is hereby authorized to accept, receive, hold, and administer on behalf of the United States, gifts of money, personal property and services, for the purpose of hosting the International Criminal Police Organization’s (INTERPOL) American Regional Conference in the United States in May and June of 1989. (b) Commemorative Gift.— The Attorney General is authorized to accept, receive, hold, and administer on behalf of the United States, gifts of money, personal property and services, for the purpose of making a commemorative gift, the value of which shall not exceed $10,000 without the prior concurrence of the Secretary of State, to the INTERPOL General Secretariat on the opening of its headquarters in Lyon, France. (c) Use of Moneys Received.— All moneys received for the purposes provided in this section shall be credited to the appropriation “Salaries and Expenses, general legal activities” for fiscal year 1989. The Attorney General shall use such amounts as he deems necessary to pay expenses of such commemorative gift and hosting such conference, including (but not limited to) reception and representation expenses. The authority of the Attorney General under this section shall continue through September 30, 1989. Subtitle N— Child Pornography and Obscenity SEC. 7501. SHORT TITLE. This subtitle may be cited as the “Child Protection and Obscenity Enforcement Act of 1988”. CHAPTER 1— CHILD PORNOGRAPHY SEC. 7511. AMENDMENTS TO EXISTING OFFENSES. (a) Sexual Exploitation of Children.— Paragraph (2) of subsection 2251(c) of title 18, United States Code, is amended by inserting “by any means including by computer” after “interstate or foreign commerce” both places it appears. (b) Material Involving Sexual Exploitation of Children.— Subsection 2252(a) of title 18, United States Code, is amended by inserting “by any means including by computer” after “interstate or foreign commerce” each place it appears. (c) Definition.— Section 2256 of title 18, United States Code, is amended— (1) by striking out “and” at the end of paragraph (4); (2) by striking out the period at the end of paragraph (5) and inserting in lieu thereof: “; and”; and (3) by adding at the end the following: “(6) ‘computer’ has the meaning given that term in section 1030 of this title.”. SEC. 7512. SELLING OR BUYING OF CHILDREN. (a) In General.— Chapter 110 of title 18, United States Code, is amended by inserting after section 2251 the following: “§ 2251A. Selling or buying of children “(a) Any parent, legal guardian, or other person having custody or control of a minor who sells or otherwise transfers custody or control of such minor, or offers to sell or otherwise transfer custody of such minor either— “(1) with knowledge that, as a consequence of the sale or transfer, the minor will be portrayed in a visual depiction engaging in, or assisting another person to engage in, sexually explicit conduct; or “(2) with intent to promote either— “(A) the engaging in of sexually explicit conduct by such minor for the purpose of producing any visual depiction of such conduct; or “(B) the rendering of assistance by the minor to any other person to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct; shall be punished by imprisonment for not less than 20 years or for life and by a fine under this title, if any of the circumstances described in subsection (c) of this section exist. “(b) Whoever purchases or otherwise obtains custody or control of a minor, or offers to purchase or otherwise obtain custody or control of a minor either— “(1) with knowledge that, as a consequence of the purchase or obtaining of custody, the minor will be portrayed in a visual depiction engaging in, or assisting another person to engage in, sexually explicit conduct; or “(2) with intent to promote either— “(A) the engaging in of sexually explicit conduct by such minor for the purpose of producing any visual depiction of such conduct; or “(B) the rendering of assistance by the minor to any other person to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct; shall be punished by imprisonment for not less than 20 years or for life and by a fine under this title, if any of the circumstances described in subsection (c) of this section exist. “(c) The circumstances referred to in subsections (a) and (b) are that— “(1) in the course of the conduct described in such subsections the minor or the actor traveled in or was transported in interstate or foreign commerce; “(2) any offer described in such subsections was communicated or transported in interstate or foreign commerce by any means including by computer or mail; or “(3) the conduct described in such subsections took place in any territory or possession of the United States.”. (b) Definition.— Section 2256 of title 18, United States Code, as amended by section 201 of this Act, is further amended— (1) by striking out “and” at the end of paragraph (5); (2) by striking out the period at the end of paragraph (6) and inserting “; and” in lieu thereof; and (3) by adding at the end the following: “(7) ‘custody or control’ includes temporary supervision over or responsibility for a minor whether legally or illegally obtained.”. (c) Clerical Amendment.— The table of sections at the beginning of chapter 110 of title 18, United States Code, is amended by inserting after the item relating to section 2251 the following: “2251A. Selling or buying of children.”. SEC. 7513. RECORD KEEPING REQUIREMENTS. (a) In General.— Chapter 110 of title 18, United States Code, is amended by adding at the end thereof the following: “§ 2257. Record keeping requirements “(a) Whoever produces any book, magazine, periodical, film, videotape, or other matter which— “(1) contains one or more visual depictions made after February 6, 1978 of actual sexually explicit conduct; and “(2) is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce; shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction. “(b) Any person to whom subsection (a) applies shall, with respect to every performer portrayed in a visual depiction of actual sexually explicit conduct— “(1) ascertain, by examination of an identification document containing such information, the performer’s name and date of birth, and require the performer to provide such other indicia of his or her identity as may be prescribed by regulations; “(2) ascertain any name, other than the performer’s present and correct name, ever used by the performer including maiden name, alias, nickname, stage, or professional name; and “(3) record in the records required by subsection (a) the information required by paragraphs (1) and (2) of this subsection and such other identif3dng information as may be prescribed by regulation. “(c) Any person to whom subsection (a) applies shall maintain the Regulations. records required by this section at his business premises, or at such other place as the Attorney General may by regulation prescribe and shall make such records available to the Attorney General for inspection at all reasonable times. “(d) (1) No information or evidence obtained from records required to be created or maintained by this section shall, except as provided in paragraphs (2) and (3), be used, directly or indirectly, as evidence against any person with respect to any violation of law. “(2) Paragraph (1) of this subsection shall not preclude the use of such information or evidence in a prosecution or other action for a violation of any applicable provision of law with respect to the furnishing of false information. “(3) In a prosecution of any person to whom subsection (a) applies for an offense in violation of subsection 2251(a) of this title which has as an element the production of a visual depiction of a minor engaging in or assisting another person to engage in sexually explicit conduct and in which that element is sought to be established by showing that a performer within the meaning of this section is a minor— “(A) proof that the person failed to comply with the provisions of subsection (a) or (b) of this section concerning the creation and maintenance of records, or a regulation issued pursuant thereto, shall raise a rebuttable presumption that such performer was a minor; and “(B) proof that the person failed to comply with the provisions of subsection (e) of this section concerning the statement required by that subsection shall raise the rebuttable presumption that every performer in the matter was a minor. “(e) (1) Any person to whom subsection (a) applies shall cause to be affixed to every copy of any matter described in paragraph (1) of subsection (a) of this section, in such manner and in such form as the Attorney General shall by regulations prescribe, a statement describing where the records required by this section with respect to all performers depicted in that copy of the matter may be located. “(2) If the person to whom subsection (a) of this section applies is an organization the statement required by this subsection shall include the name, title, and business address of the individual employed by such organization responsible for maintaining the records required by this section. “(3) In any prosecution of a person for an offense in violation of section 2252 of this title which has as an element the transporting, mailing, or distribution of a visual depiction involving the use of a minor engaging in sexually explicit conduct, and in which that element is sought to be established by a showing that a performer within the meaning of this section is a minor, proof that the matter in which the visual depiction is contained did not contain the statement required by this section shall raise a rebuttable presumption that such performer was a minor. “(f) The Attorney General shall issue appropriate regulations to carry out this section. “(g) As used in this section— “(1) the term ‘actual sexually explicit conduct’ means actual but not simulated conduct as defined in subparagraphs (A) through (E) of paragraph (2) of section 2256 of this title; “(2) ‘identification document’ has the meaning given that term in subsection 1028(d) of this title; “(3) the term ‘produces’ means to produce, manufacture, or publish and includes the duplication, reproduction, or reissuing of any material; and “(4) the term ‘performer’ includes any person portrayed in a visual depiction engaging in, or assisting another person to engage in, actual sexually explicit conduct.”. (b) Clerical Amendment.— The table of sections at the beginning of chapter 110 of title 18, United States Code, is amended by adding after the item relating to section 2256 the following: “2257. Record keeping requirements.”. (c) Effective Date.— Section 2257 of title 18, United States Code, note. as added by this section shall take effect 180 days after the date of the enactment of this Act except— (1) the Attorney General shall prepare the initial set of regulations required or authorized by section 2257 within 90 days of the date of the enactment of this Act; and (2) subsection (e) of section 2257 of such title and of any regulation issued pursuant thereto shall take effect 270 days after the date of the enactment of this Act. SEC. 7514. R.I.C.O. AMENDMENT. Subsection 1961(1)(B) of title 18, United States Code, is amended by inserting after “section 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity)” the following: “sections 2251 through 2252 (relating to sexual exploitation of children),”. CHAPTER 2— OBSCENITY SEC. 7521. ENGAGING IN THE BUSINESS OF SELLING OR TRANSFERRING OBSCENE MATTER. (a) In General.— Chapter 71 of title 18, United States Code, is amended by inserting after section 1465 the following: “§ 1466. Engaging in the business of selling or transferring obscene matter “(a) Whoever is engaged in the business of selling or transferring obscene matter, who knowingly receives or possesses with intent to distribute any obscene book, magazine, picture, paper, film, videotape, or phonograph or other audio recording, which has been shipped or transported in interstate or foreign commerce, shall be punished by imprisonment for not more than 5 years or by a fine under this title, or both. “(b) As used in this subsection, the term ‘engaged in the business’ means that the person who sells or transfers or offers to sell or transfer obscene matter devotes time, attention, or labor to such activities, as a regular course of trade or business, with the objective of earning a profit, although it is not necessary that the person make a profit or that the selling or transferring or offering to sell or transfer such material be the person’s sole or principal business or source of income. The offering for sale of or to transfer, at one time, two or more copies of any obscene publication, or two or more of any obscene article, or a combined total of five or more such publications and articles, shall create a rebuttable presumption that the person so offering them is ‘engaged in the business’ as defined in subsection (b).”. (b) Clerical Amendment.— The table of sections at the beginning of chapter 71 of title 18, United States Code, is amended by adding after the item relating to section 1465 the following: “1466. Engaging in the business of selling or transferring obscene matter. “1467. Criminal forfeiture.”. (c) Travel in Commerce.— The first paragraph of section 1465 of title 18, United States Code, is amended by inserting after the word distribution: “, or knowingly travels in interstate commerce, or uses a facility or means of interstate commerce for the purpose of transporting obscene material in interstate or foreign commerce,”. (d) Presumptions.— Chapter 71 of title 18, United States Code, as amended by subsection (a) of this section and by section 302, is further amended by adding at the end the following: “§ 1469. Presumptions “(a) In any prosecution under this chapter in which an element of the offense is that the matter in question was transported, shipped, or carried in interstate commerce, proof, by either circumstantial or direct evidence, that such matter was produced or manufactured in one State and is subsequently located in another State shall raise a rebuttable presumption that such matter was transported, shipped, or carried in interstate commerce. “(b) In any prosecution under this chapter in which an element of the offense is that the matter in question was transported, shipped, or carried in foreign commerce, proof, by either circumstantial or direct evidence, that such matter was produced or manufactured outside of the United States and is subsequently located in the United States shall raise a rebuttable presumption that such matter was transported, shipped, or carried in foreign commerce.”. (f) Clerical Amendment.— The table of sections at the beginning of chapter 71 of title 18, United States Code, is amended by adding after the item relating to section 1468 the following: “1469. Presumptions.”. SEC. 7522. FORFEITURE IN OBSCENITY CASES. (a) In General.— Chapter 71 of title 18, United States Code, is amended by adding at the end the following: “§ 1467. Criminal forfeiture “(a) Property Subject to Criminal Forfeiture.— A person who is convicted of an offense involving obscene material under this chapter shall forfeit to the United States such person’s interest in— “(1) any obscene material produced, transported, mailed, shipped, or received in violation of this chapter; “(2) any property, real or personal, constituting or traceable to gross profits or other proceeds obtained from such offense; and “(3) any property, real or personal, used or intended to be used to commit or to promote the commission of such offense, if the court in its discretion so determines, taking into consideration the nature, scope, and proportionality of the use of the property in the offense. “(b) Third Party Transfers.— All right, title, and interest in property described in subsection (a) of this section vests in the United States upon the commission of the act giving rise to forfeiture under this section. Any such property that is subsequently transferred to a person other than the defendant may be the subject of a special verdict of forfeiture and thereafter shall be ordered forfeited to the United States, unless the transferee establishes in a hearing pursuant to subsection (m) of this section that he is a bona fide purchaser for value of such property who at the time of purchase was reasonably without cause to believe that the property was subject to forfeiture under this section. “(c) Protective Orders.— (1) Upon application of the United States, the court may enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take any other action to preserve the availability of property described in subsection (a) of this section for forfeiture under this section— “(A) upon the filing of an indictment or information charging a violation of this chapter for which criminal forfeiture may be ordered under this section and alleging that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this section; or “(B) prior to the filing of such an indictment or information, if, after notice to persons appearing to have an interest in the property and opportunity for a hearing, the court determines that— “(i) there is a substantial probability that the United States will prevail on the issue of forfeiture and that failure to enter the order will result in the property being destroyed, removed from the jurisdiction of the court, or otherwise made unavailable for forfeiture; and “(ii) the need to preserve the availability of the property through the entry of the requested order outweighs the hardship on any party against whom the order is to be entered; except that an order entered under subparagraph (B) shall be effective for not more than 90 days, unless extended by the court for good cause shown or unless an indictment or information described in subparagraph (A) has been filed. “(2) A temporary restraining order under this subsection may be entered upon application of the United States without notice or opportunity for a hearing when an information or indictment has not yet been filed with respect to the property, if the United States demonstrates that there is probable cause to believe that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this section and that provision of notice will jeopardize the availability of the property for forfeiture. Such a temporary order shall expire not more than 10 days after the date on which it is entered, unless extended for good cause shown or unless the party against whom it is entered consents to an extension for a longer period. A hearing requested concerning an order entered under this paragraph shall be held at the earliest possible time and prior to the expiration of the temporary order. “(3) The court may receive and consider, at a hearing held pursuant to this subsection, evidence and information that would be inadmissible under the Federal Rules of Evidence. “(d) Warrant of Seizure.— The Government may request the issuance of a warrant authorizing the seizure of property subject to forfeiture under this section in the same manner as provided for a search warrant. If the court determines that there is probable cause to believe that the property to be seized would, in the event of conviction, be subject to forfeiture and that an order under subsection (c) of this section may not be sufficient to assure the availability of the property for forfeiture, the court shall issue a warrant authorizing the seizure of such property. “(e) Order of Forfeiture.— The court shall order forfeiture of property referred to in subsection (a) if— “(1) the trier of fact determines, beyond a reasonable doubt, that such property is subject to forfeiture; and “(2) with respect to property referred to in subsection (a)(3), if the court exercises the court’s discretion under that subsection. “(f) Execution.— Upon entry of an order of forfeiture under this section, the court shall authorize the Attorney General to seize all property ordered forfeited upon such terms and conditions as the court shall deem proper. Following entry of an order declaring the property forfeited, the court may, upon application of the United States, enter such appropriate restraining orders or injunctions, require the execution of satisfactory performance bonds, appoint receivers, conservators, appraisers, accountants, or trustees, or take any other action to protect the interest of the United States in the property ordered forfeited. Any income accruing to or derived from property ordered forfeited under this section may be used to offset ordinary and necessary expenses to the property which are required by law, or which are necessary to protect the interests of the United States or third parties. “(g) Disposition of Property.— Following the seizure of property ordered forfeited under this section, the Attorney General shall destroy or retain for official use any property described in paragraph (1) of subsection (a) and shall direct the disposition of any property described in paragraph (2) or (3) of subsection (a) by sale or any other commercially feasible means, making due provision for the rights of any innocent persons. Any property right or interest not exercisable by, or transferable for value to, the United States shall expire and shall not revert to the defendant, nor shall the defendant or any person acting in concert with him or on his behalf be eligible to purchase forfeited property at any sale held by the United States. Upon application of a person, other than the defendant or person acting in concert with him or on his behalf, the court may restrain or stay the sale or disposition of the property pending the conclusion of any appeal of the criminal case giving rise to the forfeiture, if the applicant demonstrates that proceeding with the sale or disposition of the property will result in irreparable injury, harm, or loss to him. “(h) Authority of Attorney General.— With respect to property ordered forfeited under this section, the Attorney General is authorized to— “(1) grant petitions for mitigation or remission of forfeiture, restore forfeited property to victims of a violation of this chapter, or take any other action to protect the rights of innocent persons which is in the interest of justice and which is not inconsistent with the provisions of this section; “(2) comprise claims arising under this section; “(3) award compensation to persons providing information resulting in a forfeiture under this section; “(4) direct the disposition by the United States, in accordance with the provisions of section 1616, title 19, United States Code, of all property ordered forfeited under this section by public sale or any other commercially feasible means, making due provision for the rights of innocent persons; and “(5) take appropriate measures necessary to safeguard and maintain property ordered forfeited under this section pending its disposition. “(i) Bar on Intervention.— Except as provided in subsection (1) of this section, no party claiming an interest in property subject to forfeiture under this section may— “(1) intervene in a trial or appeal of a criminal case involving the forfeiture of such property under this section; or “(2) commence an action at law or equity against the United States concerning the validity of his alleged interest in the property subsequent to the filing of an indictment or information alleging that the property is subject to forfeiture under this section. “(j) Jurisdiction To Enter Orders.— The district courts of the United States shall have jurisdiction to enter orders as provided in this section without regard to the location of any property which may be subject to forfeiture under this section or which has been ordered forfeited under this section. “(k) Depositions.— In order to facilitate the identification and location of property declared forfeited and to facilitate the disposition of petitions for remission or mitigation of forfeiture, after the entry of an order declaring property forfeited to the United States, the court may, upon application of the United States, order that the testimony of any witness relating to the property forfeited be taken by deposition and that any designated book, paper, document, record, recording, or other material not privileged be produced at the same time and place, in the same manner as provided for the taking of depositions under Rule 15 of the Federal Rules of Criminal Procedure. “(l) Third Party Interests.— (1) Following the entry of an order of forfeiture under this section, the United States shall publish notice of the order and of its intent to dispose of the property in such manner as the Attorney General may direct. The Government may also, to the extent practicable, provide direct written notice to any person known to have alleged an interest in the property that is the subject of the order of forfeiture as a substitute for published notice as to those persons so notified. “(2) Any person, other than the defendant, asserting a legal interest in property which has been ordered forfeited to the United States pursuant to this section may, within 30 days of the final publication of notice or his receipt of notice under paragraph (1), whichever is earlier, petition the court for a hearing to adjudicate the validity of his alleged interest in the property. The hearing shall be held before the court alone, without a jury. “(3) The petition shall be signed by the petitioner under penalty of perjury and shall set forth the nature and extent of the petitioner’s right, title, or interest in the property, the time and circumstances of the petitioner’s acquisition of the right, title, or interest in the property, any additional facts supporting the petitioner’s claim, and the relief sought. “(4) The hearing on the petition shall, to the extent practicable and consistent with the interests of justice, be held within 30 days of the filing of the petition. The court may consolidate the hearing on the petition with a hearing on any other petition filed by a person other than the defendant under this subsection. “(5) At the hearing, the petitioner may testify and present evidence and witnesses on his own behalf, and cross-examine witnesses who appear at the hearing. The United States may present evidence and witnesses in rebuttal and in defense of its claim to the property and cross-examine witnesses who appear at the hearing. In addition to testimony and evidence presented at the hearing, the court shall consider the relevant portions of the record of the criminal case which resulted in the order of forfeiture. “(6) If, after the hearing, the court determines that the petitioner has established by a preponderance of the evidence that— “(A) the petitioner has a legal right, title, or interest in the property, and such right, title, or interest renders the order of forfeiture invalid in whole or in part because the right, title, or interest was vested in the petitioner rather than the defendant or was superior to any right, title, or interest of the defendant at the time of the commission of the acts which gave rise to the forfeiture of the property under this section; or “(B) the petitioner is a bona fide purchaser for value of the right, title, or interest in the property and was at the time of purchase reasonably without cause to believe that the property was subject to forfeiture under this section; the court shall amend the order of forfeiture in accordance with its determination. “(7) Following the court’s disposition of all petitions filed under this subsection, or if no such petitions are filed following the expiration of the period provided in paragraph (2) for the filing of such petitions, the United States shall have clear title to property that is the subject of the order of forfeiture and may warrant good title to any subsequent purchaser or transferee. “(m) Construction.— This section shall be liberally construed to effectuate its remedial purposes. “(n) Substitute Assets.— If any of the property described in subsection (a), as a result of any act or omission of the defendant— “(1) cannot be located upon the exercise of due diligence; “(2) has been transferred or sold to, or deposited with, a third party; “(3) has been placed beyond the jurisdiction of the court; “(4) has been substantially diminished in value; or “(5) has been commingled with other property which cannot be divided without difficulty; the court shall order the forfeiture of any other property of the defendant up to the value of any property described in paragraphs (1) through (5).”. (b) Repeal.— The last paragraph of section 1465 of title 18, United States Code, is repealed. (c) Sexual Abuse of Children.— Sections 2253 through 2254 of title 18, United States Code, are amended to read as follows: “§ 2253. Criminal forfeiture “(a) Property Subject to Criminal Forfeiture.— A person who is convicted of an offense under this chapter involving a visual depiction described in sections 2251, 2251A, or 2252 of this chapter shall forfeit to the United States such person’s interest in— “(1) any visual depiction described in sections 2251, 2251A, or 2252 of this chapter, or any book, magazine, periodical, film, videotape, or other matter which contains any such visual depiction, which was produced, transported, mailed, shipped or received in violation of this chapter; “(2) any property, real or personal, constituting or traceable to gross profits or other proceeds obtained from such offense; and “(3) any property, real or personal, used or intended to be used to commit or to promote the commission of such offense. “(b) Third Party Transfers.— All right, title, and interest in property described in subsection (a) of this section vests in the United States upon the commission of the act giving rise to forfeiture under this section. Any such property that is subsequently transferred to a person other than the defendant may be the subject of a special verdict of forfeiture and thereafter shall be ordered forfeited to the United States, unless the transferee establishes in a hearing pursuant to subsection (m) of this section that he is a bona fide purchaser for value of such property who at the time of purchase was reasonably without cause to believe that the property was subject to forfeiture under this section. “(c) Protective Orders.— (1) Upon application of the United States, the court may enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take any other action to preserve the availability of property described in subsection (a) of this section for forfeiture under this section— “(A) upon the filing of an indictment or information charging a violation of this chapter for which criminal forfeiture may be ordered under this section and alleging that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this section; or “(B) prior to the filing of such an indictment or information, if, after notice to persons appearing to have an interest in the property and opportunity for a hearing, the court determines that— “(i) there is a substantial probability that the United States will prevail on the issue of forfeiture and that failure to enter the order will result in the property being destroyed, removed from the jurisdiction of the court, or otherwise made unavailable for forfeiture; and “(ii) the need to preserve the availability of the property through the entry of the requested order outweighs the hardship on any party against whom the order is to be entered; except that an order entered pursuant to subparagraph (B) shall be effective for not more than 90 days, unless extended by the court for good cause shown or unless an indictment or information described in subparagraph (A) has been filed. “(2) A temporary restraining order under this subsection may be entered upon application of the United States without notice or opportunity for a hearing when an information or indictment has not yet been filed with respect to the property, if the United States demonstrates that there is probable cause to believe that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this section and that provision of notice will jeopardize the availability of the property for forfeiture. Such a temporary order shall expire not more than 10 days after the date on which it is entered, unless extended for good cause shown or unless the party against whom it is entered consents to an extension for a longer period. A hearing requested concerning an order entered under this paragraph shall be held at the earliest possible time and prior to the expiration of the temporary order. “(3) The court may receive and consider, at a hearing held pursuant to this subsection, evidence and information that would be inadmissible under the Federal Rules of Evidence. “(d) Warrant of Seizure.— The Government may request the issuance of a warrant authorizing the seizure of property subject to forfeiture under this section in the same manner as provided for a search warrant. If the court determines that there is probable cause to believe that the property to be seized would, in the event of conviction, be subject to forfeiture and that an order under subsection (c) of this section may not be sufficient to assure the availability of the property for forfeiture, the court shall issue a warrant authorizing the seizure of such property. “(e) Order of Forfeiture.— The court shall order forfeiture of property referred to in subsection (a) if the trier of fact determines, beyond a reasonable doubt, that such property is subject to forfeiture. “(f) Execution.— Upon entry of an order of forfeiture under this section, the court shall authorize the Attorney General to seize all property ordered forfeited upon such terms and conditions as the court shall deem proper. Following entry of an order declaring the property forfeited, the court may, upon application of the United States, enter such appropriate restraining orders or injunctions, require the execution of satisfactory performance bonds, appoint receivers, conservators, appraisers, accountants, or trustees, or take any other action to protect the interest of the United States in the property ordered forfeited. Any income accruing to or derived from property ordered forfeited under this section may be used to offset ordinary and necessary expenses to the property which are required by law, or which are necessary to protect the interests of the United States or third parties. “(g) Disposition of Property.— Following the seizure of property ordered forfeited under this section, the Attorney General shall destroy or retain for official use any article described in paragraph (1) of subsection (a), and shall retain for official use or direct the disposition of any property described in paragraph (2) or (3) of subsection (a) by sale or any other commercially feasible means, making due provision for the rights of any innocent persons. Any property right or interest not exercisable by, or transferable for value to, the United States shall expire and shall not revert to the defendant, nor shall the defendant or any person acting in concert with him or on his behalf be eligible to purchase forfeited property at any sale held by the United States. Upon application of a person, other than the defendant or person acting in concert with him or on his behalf, the court may restrain or stay the sale or disposition of the property pending the conclusion of any appeal of the criminal case giving rise to the forfeiture, if the applicant demonstrates that proceeding with the sale or disposition of the property will result in irreparable injury, harm, or loss to him. “(h) Authority of Attorney General.— With respect to property ordered forfeited under this section, the Attorney General is authorized to— “(1) grant petitions for mitigation or remission of forfeiture, restore forfeited property to victims of a violation of this chapter, or take any other action to protect the rights of innocent persons which is in the interest of justice and which is not inconsistent with the provisions of this section; “(2) compromise claims arising under this section; “(3) award compensation to persons providing information resulting in a forfeiture under this section; “(4) direct the disposition by the United States, in accordance with the provisions of section 1616, title 19, United States Code, of all property ordered forfeited under this section by public sale or any other commercially feasible means, making due provision for the rights of innocent persons; and “(5) take appropriate measures necessary to safeguard and maintain property ordered forfeited under this section pending its disposition. “(i) Applicability of Civil Forfeiture Provisions.— Except to the extent that they are inconsistent with the provisions of this section, the provisions of section 2254(d) of this title (18 U.S.C. 2254(d)) shall apply to a criminal forfeiture under this section. “(j) Bar on Intervention.— Except as provided in subsection (m) of this section, no party claiming an interest in property subject to forfeiture under this section may— “(1) intervene in a trial or appeal of a criminal case involving the forfeiture of such property under this section; or “(2) commence an action at law or equity against the United States concerning the validity of his alleged interest in the property subsequent to the filing of an indictment or information alleging that the property is subject to forfeiture under this section. “(k) Jurisdiction to Enter Orders.— The district courts of the United States shall have jurisdiction to enter orders as provided in this section without regard to the location of any property which may be subject to forfeiture under this section or which has been ordered forfeited under this section. “(l) Depositions.— In order to facilitate the identification and location of property declared forfeited and to facilitate the disposition of petitions for remission or mitigation of forfeiture, after the entry of an order declaring property forfeited to the United States, the court may, upon application of the United States, order that the testimony of any witness relating to the property forfeited be taken by deposition and that any designated book, paper, document, record, recording, or other material not privileged be produced at the same time and place, in the same manner as provided for the taking of depositions under rule 15 of the Federal Rules of Criminal Procedure. “(m) Third Party Interests.— (1) Following the entry of an order of forfeiture under this section, the United States shall publish notice of the order and of its intent to dispose of the property in such manner as the Attorney General may direct. The Government may also, to the extent practicable, provide direct written notice to any person known to have alleged an interest in the property that is the subject of the order of forfeiture as a substitute for published notice as to those persons so notified. “(2) Any person, other than the defendant, asserting a legal interest in property which has been ordered forfeited to the United States pursuant to this section may, within 30 days of the final publication of notice or his receipt of notice under paragraph (1), whichever is earlier, petition the court for a hearing to adjudicate the validity of his alleged interest in the property. The hearing shall be held before the court alone, without a jury. “(3) The petition shall be signed by the petitioner under penalty of perjury and shall set forth the nature and extent of the petitioner’s right, title, or interest in the property, the time and circumstances of the petitioner’s acquisition of the right, title, or interest in the property, any additional facts supporting the petitioner’s claim, and the relief sought. “(4) The hearing on the petition shall, to the extent practicable and consistent with the interests of justice, be held within 30 days of the filing of the petition. The court may consolidate the hearing on the petition with a hearing on any other petition filed by a person other than the defendant under this subsection. “(5) At the hearing, the petitioner may testify and present evidence and witnesses on his own behalf, and cross-examine witnesses who appear at the hearing. The United States may present evidence and witnesses in rebuttal and in defense of its claim to the property and cross-examine witnesses who appear at the hearing. In addition to testimony and evidence presented at the hearing, the court shall consider the relevant portions of the record of the criminal case which resulted in the order of forfeiture. “(6) If, after the hearing, the court determines that the petitioner has established by a preponderance of the evidence that— “(A) the petitioner has a legal right, title, or interest in the property, and such right, title, or interest renders the order of forfeiture invalid in whole or in part because the right, title, or interest was vested in the petitioner rather than the defendant or was superior to any right, title, or interest of the defendant at the time of the commission of the acts which gave rise to the forfeiture of the property under this section; or “(B) the petitioner is a bona fide purchaser for value of the right, title, or interest in the property and was at the time of purchase reasonably without cause to believe that the property was subject to forfeiture under this section; the court shall amend the order of forfeiture in accordance with its determination. “(7) Following the court’s disposition of all petitions filed under this subsection, or if no such petitions are filed following the expiration of the period provided in paragraph (2) for the filing of such petitions, the United States shall have clear title to property that is the subject of the order of forfeiture and may warrant good title to any subsequent purchaser or transferee. “(n) Construction.— This section shall be liberally construed to effectuate its remedial purposes. “(o) Substitute Assets.— If any of the property described in subsection (a), as a result of any act or omission of the defendant— “(1) cannot be located upon the exercise of due diligence; “(2) has been transferred or sold to, or deposited with, a third party; “(3) has been placed beyond the jurisdiction of the court; “(4) has been substantially diminished in value; or “(5) has been commingled with other property which cannot be divided without difficulty; the court shall order the forfeiture of any other property of the defendant up to the value of any property described in paragraphs (1) through (5). “§ 2254. Civil forfeiture “(a) Property Subject to Civil Forfeiture.— The following property shall be subject to forfeiture by the United States: “(1) Any visual depiction described in sections 2251, 2251A, or 2252 of this chapter, or any book, magazine, periodical, film, videotape or other matter which contains any such visual depiction, which was produced, transported, mailed, shipped, or received in violation of this chapter. “(2) Any property, real or personal, used or intended to be used to commit or to promote the commission of an offense under this chapter involving a visual depiction described in sections 2251, 2251A, or 2252 of this chapter, except that no property shall be forfeited under this paragraph, to the extent of the interest of an owner, by reason of any act or omission established by that owner to have been committed or omitted without the knowledge or consent of that owner. “(3) Any property, real or personal, constituting or traceable to gross profits or other proceeds obtained from a violation of this chapter involving a visual depiction described in sections 2251, 2251 A, or 2252 of this chapter, except that no property shall be forfeited under this paragraph, to the extent of the interest of an owner, by reason of any act or omission established by that owner to have been committed or omitted without the knowledge or consent of that owner. “(b) Seizure Pursuant to Supplemental Rules for Certain Admiralty and Maritime Claims.— Any property subject to forfeiture to the United States under this section may be seized by the Attorney General, the Secretary of the Treasury, or the United States Postal Service upon process issued pursuant to the Supplemental Rules for Certain Admiralty and Maritime Claims by any district court of the United States having jurisdiction over the property, except that seizure without such process may be made when the seizure is pursuant to a search under a search warrant or incident to an arrest. The Government may request the issuance of a warrant authorizing the seizure of property subject to forfeiture under this section in the same manner as provided for a search warrant under the Federal Rules of Criminal Procedure. “(c) Custody of Federal Official.— Property taken or detained under this section shall not be repleviable, but shall be deemed to be in the custody of the Attorney General, Secretary of the Treasury, or the United States Postal Service subject only to the orders and decrees of the court or the official having jurisdiction thereof. Whenever property is seized under any of the provisions of this subchapter, the Attorney General, Secretary of the Treasury, or the United States Postal Service may— “(1) place the property under seal; “(2) remove the property to a place designated by the official or agency; or “(3) require that the General Services Administration take custody of the property and remove it, if practicable, to an appropriate location for disposition in accordance with law. “(d) Other Laws and Proceedings Applicable.— All provisions of the customs laws relating to the seizure, summary and judicial forfeiture, and condemnation of property for violation of the customs laws, the disposition of such property or the proceeds from the sale thereof, the remission or mitigation of such forfeitures, and the compromise of claims, shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under this section, insofar as applicable and not inconsistent with the provisions of this section, except that such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs laws shall be performed with respect to seizures and forfeitures of property under this section by such officers, agents, or other persons as may be authorized or designated for that purpose by the Attorney General, the Secretary of the Treasury, or the Postal Service, except to the extent that such duties arise from seizures and forfeitures affected by any customs officer. “(e) Sections 1606, 1613, 1614, 1617, and 1618 of title 19, United States Code, shall not apply with respect to any visual depiction or any matter containing a visual depiction subject to forfeiture under subsection (a)(1) of this section. “(f) Disposition of Forfeited Property.— Whenever property is forfeited under this section the Attorney General shall destroy or retain for official use any property described in paragraph (1) of subsection (a) and, with respect to property described in paragraph (2) or (3) of subsection (a), may— “(1) retain the property for official use or transfer the custody or ownership of any forfeited property to a Federal, State, or local agency pursuant to section 1616 of title 19; “(2) sell any forfeited property which is not required to be destroyed by law and which is not harmful to the public; or “(3) require that the General Services Administration take custody of the property and dispose of it in accordance with law. The Attorney General, Secretary of the Treasury, or the United States Postal Service shall ensure the equitable transfer pursuant to paragraph (1) of any forfeited property to the appropriate State or local law enforcement agency so as to reflect generally the contribution of any such agency participating directly in any of the acts which led to the seizure or forfeiture of such property. A decision by an official or agency pursuant to paragraph (1) shall not be subject to judicial review. With respect to a forfeiture conducted by the Attorney General, the Attorney General shall forward to the Treasurer of the United States for deposit in accordance with section 524(c) of title 28 the proceeds from any sale under paragraph (2) and any moneys forfeited under this subchapter. With respect to a forfeiture conducted by the Postal Service, the proceeds from any sale under paragraph (2) and any moneys forfeited under this subchapter shall be deposited in the Postal Service Fund as required by section 2003(b)(7) of title 39. “(g) Title to Property.— All right, title, and interest in property described in subsection (a) of this section shall vest in the United States upon commission of the act giving rise to forfeiture under this section. “(h) Stay of Proceedings.— The filing of an indictment or information alleging a violation of this chapter which is also related to a civil forfeiture proceeding under this section shall, upon motion of the United States and for good cause shown, stay the civil forfeiture proceeding. “(i) Venue.— In addition to the venue provided for in section 1395 of title 28 or any other provision of law, in the case of property of a defendant charged with a violation that is the basis for forfeiture of the property under this section, a proceeding for forfeiture under this section may be brought in the judicial district in which the defendant owning such property is found or in the judicial district in which the criminal prosecution is brought.”. (e) Tariff Act Amendment.— Section 305 of the Tariff Act of 1930 (19 U.S.C. 1305) is amended by adding at the end the following: “(b) Coordination of Forfeiture Proceedings With Criminal Proceedings.— (1) Notwithstanding subsection (a), whenever the Customs Service is of the opinion that criminal prosecution would be appropriate or that further criminal investigation is warranted in connection with allegedly obscene material seized at the time of entry, the appropriate customs officer shall immediately transmit information concerning such seizure to the United States Attorney of the district of the addressee’s residence. No notice to the addressee or consignee concerning the seizure is required at the time of such transmittal. “(2) Upon receipt of such information, such United States attorney shall promptly determine whether in such attorney’s opinion the referral of the matter for forfeiture under this section would materially affect the Government’s ability to conduct a criminal investigation with respect to such seizure. “(3) If the United States attorney is of the opinion that no prejudice to such investigation will result from such referral, such attorney shall immediately so notify the Customs Service in writing. The appropriate customs officer shall immediately notify in writing the addressee or consignee of the seizure and shall transmit information concerning such seizure to the United States Attorney of the district in which is situated the office at which such seizure has taken place. The actions described in paragraphs (1) through (3) of this subsection shall take place within sufficient time to allow for the filing of a forfeiture complaint within 14 days of the seizure unless the United States Attorney of the district of the addressee’s residence certifies in writing and includes specific, articulable facts demonstrating that the determination required in paragraph (2) of this subsection could not be made in sufficient time to comply with this deadline. In such cases, the actions described in paragraphs (1) through (3) of this subsection shall take place within sufficient time to allow for the filing of a forfeiture complaint within 21 days of seizure. “(4) If the United States attorney for the district of the addressee’s residence concludes that material prejudice to such investigation will result from such referral, such United States attorney shall place on file, within 14 days of the date of seizure, a dated certification stating that it is the United States attorney’s judgment that referral of the matter for forfeiture under this section would materially affect the Government’s ability to conduct a criminal investigation with respect to the seizure. The certification shall set forth specific, articulable facts demonstrating that withholding referral for forfeiture is necessary. “(5) (A) As soon as the circumstances change so that withholding of referral for forfeiture is no longer necessary for purposes of the criminal investigation, the United States attorney shall immediately so notify the Customs Service in writing and shall furnish a copy of the certification described in paragraph (4) above to the Customs Service. “(B) In any matter referred to a United States attorney for possible criminal prosecution wherein subparagraph (5)(A) does not apply, the United States attorney shall immediately notify the Customs Service in writing concerning the disposition of the matter, whether by institution of a prosecution or a letter of declination, and shall also furnish a copy of the certification described in paragraph (4) of this subsection to the Customs Service. “(C) Upon receipt of the notification described in subparagraph (A) or (B) of this paragraph, the appropriate customs officer shall immediately notify the addressee or consignee of the seizure and shall transmit information concerning the seizure, including a copy of the certification described in paragraph (4) above and a copy of the notification described in subparagraph (A) or (B) of this paragraph, to the United States attorney of the district in which is situated the office at which such seizure has taken place, who shall institute forfeiture proceedings in accordance with subsection (a) hereof within 14 days of the date of the notification described in subparagraph (A) or (B) above. A copy of the certification described in paragraph (4) above and a copy of the notification described in subparagraph (A) or (B) of this paragraph shall be affixed to the complaint for forfeiture. “(c) Stay on Motion.— Upon motion of the United States, a court, for good cause shown, shall stay civil forfeiture proceedings commenced under this section pending the completion of any related criminal matter whether in the same or in a different district.”. SEC. 7523. CABLE TELEVISION OBSCENITY. (a) New Offense.— Chapter 71 of title 18, United States Code, is amended by inserting at the end, the following new section: “§ 1468. Distributing obscene material by cable or subscription television “(a) Whoever knowingly utters any obscene language or distributes any obscene matter by means of cable television or subscription services on television, shall be punished by imprisonment for not more than 2 years or by a fine in accordance with this title, or both. “(b) As used in this section, the term ‘distribute’ means to send, transmit, retransmit, telecast, broadcast, or cablecast, including by wire, microwave, or satellite, or to produce or provide material for such distribution. “(c) Nothing in this chapter, or the Cable Communications Policy Act of 1984, or any other provision of Federal law, is intended to interfere with or preempt the power of the States, including political subdivisions thereof, to regulate the uttering of language that is obscene or otherwise unprotected by the Constitution or the distribution of matter that is obscene or otherwise unprotected by the Constitution, of any sort, by means of cable television or subscription services on television.”. (b) Clerical Amendment.— The table of sections at the beginning of chapter 71 of title 18, United States Code, is amended by adding at the end the following: “1468. Distributing obscene material by cable or subscription television.”. SEC. 7524. COMMUNICATIONS ACT AMENDMENT. Section 223(b) of the Communications Act of 1934 (47 U.S.C. 223(b)) is amended to read as follows: “(b) (1) Whoever knowingly— “(A) in the District of Columbia or in interstate or foreign communication, by means of telephone, makes (directly or by recording device) any obscene communication for commercial purposes to any person, regardless of whether the maker of such communication placed the call; or “(B) permits any telephone facility under such person’s control to be used for an activity prohibited by clause (i); shall be fined in accordance with title 18 of the United States Code, or imprisoned not more than two years, or both. “(2) Whoever knowingly— “(A) in the District of Columbia or in interstate or foreign communication, by means of telephone, makes (directly or by recording device) any indecent communication for commercial purposes to any person, regardless of whether the maker of such communication placed the call; or “(B) permits any telephone facility under such person’s control to be used for an activity prohibited by clause (i), shall be fined not more than $50,000 or imprisoned not more than six months, or both.”. SEC. 7525. ELECTRONIC SURVEILLANCE. Subsection (1) of section 2516 of title 18, United States Code, is amended by redesignating paragraphs (i), (j), (k), and (l) as paragraphs (j), (k), (l), and (m), respectively, and by adding a new paragraph (i) as follows: “(i) any felony violation of chapter 71 (relating to obscenity) of this title;”. SEC. 7526. POSSESSION WITH INTENT TO SELL AND SALE OF OBSCENE MATTERS IN FEDERAL JURISDICTION OR ON FEDERAL PROPERTY. (a) In General.— Chapter 71 of title 18, United States Code, is amended by inserting before section 1461 the following: “§ 1460. Possession with intent to sell, and sale, of obscene matter on Federal property “(a) Whoever, either— “(1) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the Government of the United States; or “(2) in the Indian country as defined in section 1151 of this Indians. title, knowingly sells or possesses with intent to sell an obscene visual depiction or a visual depiction of a minor engaging in or assisting another person to engage in sexually explicit conduct, shall be punished by a fine in accordance with the provisions of this title or imprisoned for not more than 2 years, or both. “(b) For the purposes of this section— “(1) the term ‘visual depiction’ includes undeveloped film and videotape but does not include mere words; and “(2) the terms ‘minor’ and ‘sexually explicit conduct’ have the meaning given those terms in chapter 110 of this title.”. (b) Clerical Amendment.— The table of sections at the beginning of chapter 71 of title 18, United States Code, is amended by adding before the item relating to section 1461 the following: “1460. Possession with intent to sell, and sale, of obscene matter on Federal property.”. Subtitle O— Miscellaneous SEC. 7601. DISCLOSURE OF INFORMATION ON CASH TRANSACTIONS: UNDERCOVER ACTIVITIES OF INTERNAL REVENUE SERVICE. (a) Disclosure Provision.— (1) Disclosure of reports under section 6050i.— Section 6050I of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new subsection: “(f) Actions by Payors.— “(1) In general.— No person shall for the purpose of evading the return requirements of this section— “(A) cause or attempt to cause a trade or business to fail to file a return required under this section, “(B) cause or attempt to cause a trade or business to file a return required under this section that contains a material omission or misstatement of fact, or “(C) structure or assist in structuring, or attempt to structure or assist in structuring, any transaction with one or more trades or businesses. “(2) Penalties.— A person violating paragraph (1) of this subsection shall be subject to the same civil and criminal sanctions applicable to a person which fails to file or completes a false or incorrect return under this section.”. (2) Penalty.— (A) Section 6721(b)(1)(A) of the Internal Revenue Code of 1986 is amended by inserting “(or, if greater, in the case of a return filed under section 60501, 10 percent of the taxable income derived from the transaction)” after “reported”. (B) Section 7203 of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following sentence: “In the case of a willful violation of any provision of section 60501, the first sentence of this section shall be applied by substituting ‘5 years’ for ‘1 year’.” (3) Effective date.— The amendments made by this subsection shall apply to actions after the date of the enactment of this Act. (4) No inference.— No inference shall be drawn from the amendment made by paragraph (1) on the application of the Internal Revenue Code of 1986 without regard to such amendment. (b) Disclosure of Returns on Cash Transactions.— (1) In general.— Subsection (i) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new paragraph: “(8) Disclosure of returns filed under section 6050i.— The Secretary may, upon written request, disclose returns filed under section 6050I to officers and employees of any Federal agency whose official duties require such disclosure for the administration of Federal criminal statutes not related to tax administration.” (2) Conforming amendments.— (A) Subparagraph (A) of section 6103(p)(3) of the Internal Revenue Code of 1986 is amended by striking out “or (7)(A)(ii)” and inserting in lieu thereof “, (7)(A)(ii), or (8)”. (B) The material preceding subparagraph (A) of section 6103(p)(4) of the Internal Revenue Code of 1986 is amended— (i) by striking out “or (5)” and inserting in lieu thereof “(5), or (8)”, and (ii) by striking out “(i)(3(B)(i),” and inserting in lieu thereof “(i)(3)(B)(i) or (8)”. (C) Clause (ii) of section 6103(p)(4)(F) of the Internal Revenue Code of 1986 is amended by striking out “or (5)” and inserting in lieu thereof “(5), or (8)”. (3) Effective date.— The amendments made by this subsection shall apply to requests made on or after the date of the enactment of this Act, but disclosures may be made pursuant to such amendments only during the 2-year period beginning on such date. (c) Enhancement of Undercover Capabilities of the Internal Revenue Service.— (1) In general.— Section 7608(b)(1)) of the Internal Revenue Code of 1986 is amended— (A) by striking out “or” before “any other” and inserting a comma, and (B) by inserting “, or any other law for which the Secretary has delegated investigatory authority to the Internal Revenue Service,” after “responsible”. (2) Undercover operations.— Section 7608 of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new subsection: “(c) Rules Relating to Undercover Operations.— “(1) Certification required for exemption of undercover operations from certain laws.— With respect to any undercover investigative operation of the Internal Revenue Service (hereinafter in this subsection referred to as the ‘Service’) which is necessary for the detection and prosecution of offenses under the internal revenue laws, any other criminal provisions of law relating to internal revenue, or any other law for which the Secretary has delegated investigatory authority to the Internal Revenue Service— “(A) sums authorized to be appropriated for the Service may be used— “(i) to purchase property, buildings, and other facilities, and to lease space, within the United States, the District of Columbia, and the territories and possessions of the United States without regard to— “(I) sections 1341 and 3324 of title 31, United States Code, “(II) sections 11(a) and 22 of title 41, United States Code, “(III) section 255 of title 41, United States Code, “(IV) section 34 of title 40, United States Code, and “(V) section 254 (a) and (c) of title 41, United States Code, and “(ii) to establish or to acquire proprietary corporations or business entities as part of the undercover operation, and to operate such corporations or business entities on a commercial basis, without regard to sections 9102 and 9103 of title 31, United States Code; “(B) sums authorized to be appropriated for the Service and the proceeds from the undercover operations, may be deposited in banks or other financial institutions without regard to the provisions of section 648 of title 18, United States Code, and section 3302 of title 31, United States Code, and “(C) the proceeds from the undercover operation may be used to offset necessary and reasonable expenses incurred in such operation without regard to the provisions of section 3302 of title 31, United States Code. This paragraph shall apply only upon the written certification of the Commissioner of Internal Revenue (or, if designated by the Commissioner, the Deputy Commissioner or an Assistant Commissioner of Internal Revenue) that any action authorized by subparagraph (A), (B), or (C) is necessary for the conduct of such undercover operation. “(2) Liquidation of corporations and business entities.— If a corporation or business entity established or acquired as part of an undercover operation under subparagraph (B) of paragraph (1) with a net value over $50,000 is to be liquidated, sold, or otherwise disposed of, the Service, as much in advance as the Commissioner or his delegate determines is practicable, shall report the circumstances to the Secretary and the Comptroller General of the United States. The proceeds of the liquidation, sale, or other disposition, after obligations are met, shall be deposited in the Treasury of the United States as miscellaneous receipts. “(3) Deposit of proceeds.— As soon as the proceeds from an undercover investigative operation with respect to which an action is authorized and carried out under subparagraphs (B) and (C) of paragraph (1) are no longer necessary for the conduct of such operation, such proceeds or the balance of such proceeds remaining at the time shall be deposited into the Treasury of the United States as miscellaneous receipts. “(4) Audits.— “(A) The Service shall conduct a detailed financial audit of each undercover investigative operation which is closed in each fiscal year; and “(i) submit the results of the audit in writing to the Secretary; and “(ii) not later than 180 days after such undercover operation is closed, submit a report to the Congress concerning such audit. “(B) The Service shall also submit a report annually to the Congress specifying as to its undercover investigative operations— “(i) the number, by programs, of undercover investigative operations pending as of the end of the 1-year period for which such report is submitted; “(ii) the number, by programs, of undercover investigative operations commenced in the 1-year period preceding the period for which such report is submitted; and “(iii) the number, by programs, of undercover investigative operations closed in the 1-year period preceding the period for which such report is submitted and, with respect to each such closed undercover operation, the results obtained and any civil claims made with respect thereto. “(5) Definitions.— For purposes of paragraph (4)— “(A) Closed.— The term ‘closed’ means the date on which the later of the following occurs; “(i) all criminal proceedings (other than appeals) are concluded, or “(ii) covert activities are concluded, whichever occurs later. “(B) Employees.— The term ‘employees’ has the meaning given such term by section 2105 of title 5, United States Code. “(C) Undercover investigative operation.— The terms ‘undercover investigative operation’ and ‘undercover operation’ mean any undercover investigative operation of the Service— “(i) in which— “(I) the gross receipts (excluding interested earned) exceed $50,000; or “(II) expenditures, both recoverable and nonrecoverable (other than expenditures for salaries of employees), exceed $150,000; and “(ii) which is exempt from section 3302 or 9102 of title 3, United States Code. Clauses (i) and (ii) shall not apply with respect to the report required under subparagraph (B) of paragraph (4).”. (3) Effective date.— The amendments made by this subsection 26 USC 7608 note. shall take effect on the date of the enactment of this Act note. and shall cease to apply after December 31, 1989; and all amounts expended pursuant to such amendments shall be recovered to the extent possible, and deposited in the Treasury of the United States as miscellaneous receipts, before January 1, 1990. SEC. 7602. RECOVERY OF COSTS INCURRED BY STATE AND LOCAL LAW ENFORCEMENT AGENCIES. (a) In General.— Subchapter B of chapter 78 of the Internal Revenue Code of 1986 (relating to general powers and duties) is amended by adding at the end thereof the following new section: “SEC. 7624. REIMBURSEMENT TO STATE AND LOCAL LAW ENFORCEMENT AGENCIES. “(a) Authorization of Reimbursement.— Whenever a State or Taxes. local law enforcement agency provides information to the Internal Revenue Service that substantially contributes to the recovery of Federal taxes imposed with respect to illegal drug-related activities (or money laundering in connection with such activities), such agency may be reimbursed by the Internal Revenue Service for costs incurred in the investigation (including but not limited to reasonable expenses, per diem, salary, and overtime) not to exceed 10 percent of the sum recovered. “(b) Records; 10 Percent Limitation.— The Internal Revenue Service shall maintain records of the receipt of information from a contributing agency and shall notify the agency when monies have been recovered as the result of such information. Following such notification, the agency shall submit a statement detailing the investigative costs it incurred. Where more than 1 State or local agency has given information that substantially contributes to the recovery of Federal taxes, the Internal Revenue Service shall equitably allocate investigative costs among such agencies not to exceed an aggregate amount of 10 percent of the taxes recovered. “(c) No Reimbursement Where Duplicative.— No State or local agency may receive reimbursement under this section if reimbursement has been received by such agency under a Federal or State forfeiture program or under State revenue laws.”. (b) Establishment of Law Enforcement Agency Account.— Section 7809 of the Internal Revenue Code of 1986 (relating to deposit of collections) is amended by adding at the end thereof the following new subsection: “(d) Deposit of Funds for Law Enforcement Agency Account.— “(1) In general.— In the case of any amounts recovered as the result of information provided to the Internal Revenue Service by State and local law enforcement agencies which substantially contributed to such recovery, an amount equal to 10 percent of such amounts shall be deposited in a separate account which shall be used to make the reimbursements required under section 7624. “(2) Deposit in treasury as internal revenue collections.— If any amounts remain in such account after payment of any qualified costs incurred under section 7624, such amounts shall be withdrawn from such account and deposited in the Treasury of the United States as internal revenue collections.”. (c) Disclosure of Return Information.— Section 6103(d) of the Internal Revenue Code of 1986 (relating to disclosure to State tax officials) is amended by adding at the end the following new paragraph: “(3) Exception for reimbursement under section 7624.— Nothing in this section shall be construed to prevent the Secretary from disclosing to any State or local law enforcement agency which may receive a payment under section 7624 the amount of the recovered taxes with respect to which such a payment may be made.” (d) Conforming Amendments.— (1) The table of sections for subchapter B of chapter 78 of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new item: “7624. Reimbursement to State and local law enforcement agencies.”. (2) The heading for section 6103(d) of the Internal Revenue Code of 1986 is amended to read as follows: “(d) Disclosure to State Tax Officials and State and Local Law Enforcement Agencies.”. (e) Effective Date.— The amendments made by this section shall apply to information first provided more than 90 days after the date of the enactment of this Act. (f) Authorization of Appropriations.— There is authorized to be appropriated from the account referred to in section 7809(d) of the Internal Revenue Code of 1986 such sums as may be necessary to make the payments authorized by section 7624 of such Code. (g) Regulations.— The Secretary of the Tre2isury shall, not later than 90 days after the date of enactment of this Act, prescribe such rules and regulations as shall be necessary and proper to carry out the provisions of this section, including regulations relating to the definition of information which substantially contributes to the recovery of Federal taxes and the substantiation of expenses required in order to receive a reimbursement. SEC. 7603. DEFINITION FOR MAIL FRAUD CHAPTER OF TITLE 18, UNITED STATES CODE. (a) In General.— Chapter 63 of title 18 of the United States Code is amended by adding at the end the following: “§ 1346. Definition of ‘scheme or artifice to defraud’ “For the purposes of this chapter, the term ‘scheme or artifice to defraud’ includes a scheme or artifice to deprive another of the intangible right of honest services.”. (b) Clerical Amendment.— The table of sections at the beginning of chapter 63 of title 18, United States Code, is amended by adding at the end the following: “1346. Definition of ‘scheme or artifice to defraud’.”. SEC. 7604. NATIONAL COMMISSION ON MEASURED RESPONSES TO ACHIEVE A DRUG-FREE AMERICA BY 1995 AUTHORIZATION ACT. (a) Short Title.— This section may be cited as the “National Commission on Measured Responses to Achieve a Drug-Free America by 1995 Authorization Act”. (b) Commission.— (1) There is hereby established a Commission to be chaired by the Director of the Office of National Drug Control Policy and consisting of 24 members appointed by the President within 120 days of the date of enactment of this section. Not more than one-half of the members of the Commission may be members of one political party. The members of the Commission shall include— (A) State and local law enforcement officers; (B) Attorneys General and District Attorneys; (C) State and local elected officials; (D) experts in the fields of drug abuse prevention, treatment, education, and law enforcement; and (E) other appropriate individuals as determined by the President. (2) The term of the Commission shall expire 6 months following the date of appointment of the members thereof. (c) Duties of the Commission.— The Commission is established to develop a proposed uniform code of State laws that represent measured responses to achieve a Drug-Free America by 1995. Among the types of measured responses that the Commission should consider are— (1) appropriate penalties for drug offenses; (2) participation in rehabilitation and treatment programs; (3) appropriate use of drug testing; (4) efforts to educate the public on the dangers of drug abuse as a means of reducing demand; (5) forfeiture of assets of violators of State drug laws; (6) cooperative ventures among the Federal, State, and local levels; (7) methods to interdict illegal drugs at our borders, eradicate crops of illegal drugs, and cease the manufacture of illegal drugs; and (8) other means of preventing drug abuse. (d) Report of Commission.— Within 6 months after the date of the State and local governments. appointment of its members, the Commission shall submit its proposed uniform code to the Governors of the 50 States and the Mayor of the District of Columbia. (e) Vacancies.— A vacancy in the Commission shall be filled in the same manner as the original appointment was made. A vacancy in the Commission shall not affect the powers of the Commission. (f) Quorum.— Fourteen members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (g) Compensation.— (1) Each member of the Commission who is not an officer or employee of the United States shall be compensated at a rate established by the Commission not to exceed the daily equivalent of the annual rate of basic pay prescribed for grade GS–18 of the General Schedule under section 5332 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the actual performance of duties as a member of the Commission. Each member of the Commission who is an officer or employee of the United States shall receive no additional compensation for service on the Commission. (2) While away from their homes or regular places of business in the performance of duties for the Commission, all members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at a rate established by the Commission not to exceed the rates authorized for employees of agencies under sections 5702 and 5703 of title 5, United States Code. (h) Administrative Provisions.— (1) The Commission shall appoint an Executive Director who shall be compensated at a rate established by the Commission not to exceed the rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of title 5, United States Code. (2) With the approval of the Commission, the Executive Director may appoint and fix the compensation of such additional personnel as the Executive Director considers necessary to carry out the duties of the Commission. (3) Subject to such rules as may be issued by the Commission, the chairman may procure temporary and intermittent services of experts and consultants. (4) The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (5) Service of an individual as a member of the Commission, or employment of an individual by the Commission as an attorney or expert in any business or professional field, on a part-time or full-time basis, with or without compensation, shall not be considered as service or employment bringing such individual within the provisions of any Federal law relating to conflicts of interest or otherwise imposing restrictions, requirements, or penalties in relation to the employment of persons, the performance of services, or the payment or receipt of compensation in connection with claims, proceedings, or matters involving the United States. Service as a member of the Commission, or as an employee of the Commission, shall not be considered service in an appointive or elective position in the Government for purposes of section 8344 of title 5, United States Code, or comparable provisions of Federal law. (i) Powers of Commission.— (1) For the purpose of carrying out this section, the Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before the Commission. (2) Any member or employee of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this subsection. (j) Sense of the Congress on State Conferences.— It is the sense of the Congress that the Governors of the 50 States and the Mayor of the District of Columbia should convene State conferences for a Drug-Free America by 1995. These conferences should include attorneys general, district attorneys, mayors, other elected officials, law enforcement officials, educators, drug prevention and treatment experts, and other interested parties. The State conferences should consider the proposed uniform code described in subsection (c) and make recommendations thereon. (k) Availability of Funds.— There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this section, and they shall remain available for the term of the Commission. New spending authority or authority to enter contracts as provided in this section shall be effective only to such extent and in such amounts as are provided in advance in appropriation Acts. SEC. 7605. USE OF EXISTING FEDERAL RESEARCH AND DEVELOPMENT FACILITIES FOR CIVILIAN LAW ENFORCEMENT. (a) Comprehensive Plan.— The President of the United States shall direct the Office of National Drug Control Policy, established in title I of this Act, to develop a comprehensive plan for utilizing no fewer than eight existing facilities of the Department of Defense, the Department of Justice, the Department of Energy, National Security Agency, and the Central Intelligence Agency, to develop technologies for application to Federal law enforcement agency missions, and to provide research, development, technology, and evaluation support to the law enforcement agencies of the Federal Government. Such plan shall be prepared and submitted to the Congress by no later than 90 days from the date of enactment of this Act. (b) Existing Facilities To Be Examined.— The following existing State listing. United States Government facilities shall be examined in developing the comprehensive plan mandated in subsection (a): (1) For night vision research and development—Department of Defense, Army Materiel Command, Night Vision Laboratory at Fort Belvoir, Virginia; (2) For ground sensor research and development—Department of Defense, Army Materiel Command, Communications Electronic Command, Fort Monmouth, New Jersey; (3) For physical/electronic security research and development—Department of Defense, Air Force Systems Command, Electronic Systems Division, Hanscom Field, Massachusetts; (4) For imaging/electronic surveillance research and development—Central Intelligence Agency and National Security Agency, Washington, DC; (5) For chemical/biosensor research and development—Department of Defense, Army Materiel Command, Chemical Research Development and Engineering Center, Aberdeen, Maryland; (6) For chemical/molecular detector research and development—Department of Energy, Sandia National Laboratories, Albuquerque, New Mexico; (7) For physical/electronic surveillance and tracking research and development—Department of Justice, Federal Bureau of Investigation and Drug Enforcement Administration, Washington, DC; and (8) For explosives ordnance detection research and development—Department of Defense, Naval Ordnance Station, Indian Head, Maryland. (c) Participation.— In developing the plan mandated in subsection (a), the Director of National Drug Control Policy shall ensure that representatives of the Federal law enforcement agencies are provided an opportunity to participate in the formulation of the comprehensive plan and that their views and recommendations are integrated into the planning process. (d) Comptroller General Oversight.— The Comptroller General of the United States shall monitor the development of the plan mandated in subsection (a) and report periodically to the appropriate Committees of the Congress on the progress of the development of this research and development program. This subsection does not confer authority upon the Comptroller General, additional to that otherwise provided by law, to gain access to sensitive information held by any agency within the intelligence community. SEC. 7606. CIVIL AIR PATROL. (a) Regulations.— Within 45 days, the Secretary of the Air Force shall issue such regulations as are necessary to ensure that the Civil Air Patrol has an integral role in drug interdiction and eradication activities. (b) Reports.— The Secretary of the Air Force shall submit to the Committees on Appropriations and the Committee on Armed Services of the Senate and the House of Representatives, quarterly reports which include a detailed description of the activities of the Civil Air Patrol in support of the Federal, State, and local government agencies’ drug interdiction and eradication programs. The first report shall be submitted on the last day of the first quarter ending not less than 150 days after the date of the enactment. SEC. 7607. DEFENSE DRUG INTERDICTION AMENDMENT. Title VII of “An Act Making Appropriations For The Department Ante, p. 2270–16. of Defense For The Fiscal Year Ending September 30, 1989” is amended under the heading “Drug Interdiction, Defense” by inserting at the end of the first sentence after the word “United States” the following: “and drug enforcement and interdiction activities of the Army National Guard and Air National Guard”, and by inserting in the second sentence “enforcement and” after the word “drug”. SEC. 7608. UNITED STATES MARSHALS. (a) Establishment.— (1) In general.— Chapter 37 of title 28, United States Code, is amended by striking out section 561 and all that follows through section 571 and inserting in lieu thereof the following: “§ 561. United States Marshals Service “(a) There is hereby established a United States Marshals Service as a bureau within the Department of Justice under the authority and direction of the Attorney General. There shall be at the head of the United States Marshals Service (hereafter in this chapter referred to as the ‘Service’) a Director who shall be appointed by the President, by and with the advice and consent of the Senate. “(b) The Director of the United States Marshals Service (hereafter in this chapter referred to as the ‘Director’) shall, in addition to the powers and duties set forth in this chapter, exercise such other functions as may be delegated by the Attorney General. “(c) The President shall appoint, by and with the advice and consent of the Senate, a United States marshal for each judicial district of the United States and for the Superior Court of the District of Columbia, except that any marshal appointed for the Northern Mariana Islands may at the same time serve as marshal in another judicial district. Each United States marshal shall be an official of the Service and shall serve under the direction of the Director. “(d) Each marshal shall be appointed for a term of four years. A marshal shall, unless that marshal has resigned or been removed by the President, continue to perform the duties of that office after the end of that 4-year term until a successor is appointed and qualifies. “(e) The Director shall designate places within a judicial district for the official station and offices of each marshal. Each marshal shall reside within the district for which such marshal is appointed, except that— “(1) the marshal for the District of Columbia, for the Superior Court of the District of Columbia, and for the Southern District of New York may reside within 20 miles of the district for which the marshal is appointed; and “(2) any marshal appointed for the Northern Mariana Islands who at the same time is serving as marshal in another district may reside in such other district. “(f) The Director is authorized to appoint and fix the compensation of such employees as are necessary to carry out the powers and duties of the Service and may designate such employees as law enforcement officers in accordance with such policies and procedures as the Director shall establish pursuant to the applicable provisions of title 5 and regulations issued thereunder. “(g) The Director shall supervise and direct the United States Marshals Service in the performance of its duties. “(h) The Director may administer oaths and may take affirmations of officials and employees of the Service, but shall not demand or accept any fee or compensation therefor. “(i) There are authorized to be appropriated such sums as may be Appropriation authorization. necessary to carry out the functions of the Service. “§ 562. Vacancies “(a) In the case of a vacancy in the office of a United States marshal, the Attorney General may designate a person to perform the functions of and act as marshal, except that the Attorney General may not designate to act as marshal any person who was appointed by the President to that office but with respect to such appointment the Senate has refused to give its advice and consent. “(b) A person designated by the Attorney General under subsection (a) may serve until the earliest of the following events: “(1) The entry into office of a United States marshal appointed by the President, pursuant to section 561(c). “(2) The expiration of the thirtieth day following the end of the next session of the Senate. “(3) If such designee of the Attorney General is appointed by the President pursuant to section 561(c), but the Senate refuses to give its advice and consent to the appointment, the expiration of the thirtieth day following such refusal. “§ 563. Oath of office “The Director and each United States marshal and law enforcement officer of the Service, before taking office, shall take an oath or affirmation to faithfully execute the duties of that office. “§ 564. Powers as sheriff “United States marshals, deputy marshals and such other officials of the Service as may be designated by the Director, in executing the laws of the United States within a State, may exercise the same powers which a sheriff of the State may exercise in executing the laws thereof. “§ 565. Expenses of the Service “The Director is authorized to use funds appropriated for the Service to make payments for expenses incurred pursuant to personal services contracts and cooperative agreements, authorized by the Attorney General, for security guard and for the service of summons on complaints, subpoenas, and notices in lieu of services by United States marshals and deputy marshals. “§ 566. Powers and duties “(a) It is the primary role and mission of the United States Marshals Service to provide for the security and to obey, execute, and enforce all orders of the United States District Courts, the United States Courts of Appeals and the Court of International Trade. “(b) The United States marshal of each district is the marshal of the district court and of the court of appeals when sitting in that district, and of the Court of International Trade holding sessions in that district, and may, in the discretion of the respective courts, be required to attend any session of court. “(c) Except as otherwise provided by law or Rule of Procedure, the United States Marshals Service shall execute all lawful writs, process, and orders issued under the authority of the United States, and shall command all necessary assistance to execute its duties. “(d) Each United States marshal, deputy marshal, and any other official of the Service as may be designated by the Director may carry firearms and make arrests without warrant for any offense against the United States committed in his or her presence, or for any felony cognizable under the laws of the United States if he or she has reasonable grounds to believe that the person to be arrested has committed or is committing such felony. “(e) (1) The United States Marshals Service is authorized to— “(A) provide for the personal protection of Federal jurists, court officers, witnesses, and other threatened persons in the interests of justice where criminal intimidation impedes on the functioning of the judicial process or any other official proceeding; and “(B) investigate such fugitive matters, both within and outside the United States, as directed by the Attorney General. “(2) Nothing in paragraph (1)(B) shall be construed to interfere with or supersede the authority of other Federal agencies or bureaus. “(f) In accordance with procedures established by the Director, and except for public money deposited under section 2041 of this title, each United States marshal shall deposit public moneys that the marshal collects into the Treasury, subject to disbursement by the marshal. At the end of each accounting period, the earned part of public moneys accruing to the United States shall be deposited in the Treasury to the credit of the appropriate receipt accounts. “(g) Prior to resignation, retirement, or removal from office— “(1) a United States marshal shall deliver to the marshal’s successor all prisoners in his custody and all unserved process; and “(2) a deputy marshal shall deliver to the marshal all process in the custody of the deputy marshal. “(h) The United States marshals shall pay such office expenses of United States Attorneys as may be directed by the Attorney General.”. (2) Additional amendments.— Chapter 37 of title 28, United States Code, is amended— (A) by striking out sections 572a, 573, and 574; and (B) by redesignating sections 572, 575, and 576 as sections 567, 568, and 569, respectively. (3) Conforming amendments.— The chapter heading for chapter 37 of title 28, United States Code, and the table of sections at the beginning of such chapter, are amended to read as follows: “Chapter 37— United States Marshals Service “Sec. “561. United States Marshals Service. “562. Vacancies. “563. Oath of office. “564. Powers as sheriff. “565. Expenses of the Service. “566. Powers and duties. “567. Collection of fees; accounting. “568. Practice of law prohibited. “569. Reemployment rights.”. (b) Other Amendment.— Section 755 of title 28, United States Code, is amended by striking out the third paragraph. (c) Marshals’ Fees.— Section 1921 of title 28, United States Code, is amended— (1) by redesignating subsection (c) as subsection (e); and (2) by striking out subsections (a) and (b) and inserting in lieu thereof the following: “(a) (1) The United States marshals or deputy marshals shall routinely collect, and a court may tax as costs, fees for the following: “(A) Serving a writ of possession, partition, execution, attachment in rem, or libel in admiralty, warrant, attachment, summons, complaints, or any other writ, order or process in any case or proceeding. “(B) Serving a subpoena or summons for a witness or appraiser. “(C) Forwarding any writ, order, or process to another judicial district for service. “(D) The preparation of any notice of sale, proclamation in admiralty, or other public notice or bill of sale. “(E) The keeping of attached property (including boats, vessels, or other property attached or libeled), actual expenses incurred, such as storage, moving, boat hire, or other special transportation, watchmen’s or keepers’ fees, insurance, and an hourly rate, including overtime, for each deputy marshal required for special services, such as guarding, inventorying, and moving. “(F) Copies of writs or other papers furnished at the request of any party. “(G) Necessary travel in serving or endeavoring to serve any District of Columbia. process, writ, or order, except in the District of Columbia, with mileage to be computed from the place where service is returnable to the place of service or endeavor. “(H) Overtime expenses incurred by deputy marshals in the course of serving or executing civil process. “(2) The marshals shall collect, in advance, a deposit to cover the initial expenses for special services required under paragraph (1)(E), and periodically thereafter such amounts as may be necessary to pay such expenses until the litigation is concluded. This paragraph applies to all private litigants, including seamen proceeding pursuant to section 1916 of this title. “(3) For purposes of paragraph (1)(G), if two or more services or endeavors, or if an endeavor and a service, are made in behalf of the same party in the same case on the same trip, mileage shall be computed to the place of service or endeavor which is most remote from the place where service is returnable, adding thereto any additional mileage traveled in serving or endeavoring to serve in behalf of the party. If two or more writs of any kind, required to be served in behalf of the same party on the same person in the same case or proceeding, may be served at the same time, mileage on only one such writ shall be collected. “(b) The Attorney General shall from time to time prescribe by regulation the fees to be taxed and collected under subsection (a). Such fees shall, to the extent practicable, reflect the actual and reasonable cost of the service provided. “(c) (1) The United States Marshals Service shall collect a commission of 3 percent of the first $1,000 collected and 1 ½ percent on the excess of any sum over $1,000, for seizing or levying on property (including seizures in admiralty), disposing of such property by sale, setoff, or otherwise, and receiving and paying over money, except that the amount of commission shall be within the range set by the Attorney General. If the property is to be disposed of by marshal’s sale, the commission shall be in such amount, within the range set by the Attorney General, as may be allowed by the court. In any case in which the vessel or other property is sold by a public auctioneer, or by some party other than a marshal or deputy marshal, the commission authorized under this subsection shall be reduced by the amount paid to such auctioneer or other party. This subsection applies to any judicially ordered sale or execution sale, without regard to whether the judicial order of sale constitutes a seizure or levy within the meaning of State law. This subsection shall not apply to any seizure, forfeiture, sale, or other disposition of property pursuant to the applicable provisions of law amended by the Comprehensive Forfeiture Act of 1984 (98 Stat. 2040). “(2) The Attorney General shall prescribe from time to time regulations which establish a minimum and maximum amount for the commission collected under paragraph (1). “(d) The United States marshals may require a deposit to cover the fees and expenses prescribed under this section.”. (d) Support of United States Prisoners in Non-Federal Institutions.— (1) In general.— Chapter 301 of title 18, United States Code, is amended by adding at the end the following new section: “§ 4013. Support of United States prisoners in non-Federal institutions “(a) The Attorney General, in support of United States prisoners in non-Federal institutions, is authorized to make payments from funds appropriated for the support of United States prisoners for— “(1) necessary clothing; “(2) medical care and necessary guard hire; “(3) the housing, care, and security of persons held in custody of a United States marshal pursuant to Federal law under agreements with State or local units of government or contracts with private entities; and “(4) entering into contracts or cooperative agreements with any State, territory, or political subdivision thereof, for the necessary construction, physical renovation, acquisition of equipment, supplies, or materials required to establish acceptable conditions of confinement and detention services in any State or local jurisdiction which agrees to provide guaranteed bed space for Federal detainees within that correctional system, in accordance with regulations which are issued by the Attorney General and are comparable to the regulations issued under section 4006 of this title, except that— “(A) amounts made available for purposes of this paragraph shall not exceed the average per-inmate cost of constructing similar confinement facilities for the Federal prison population, “(B) the availability of such federally assisted facility shall be assured for housing Federal prisoners, and “(C) the per diem rate charged for housing such Federal prisoners shall not exceed allowable costs or other conditions specified in the contract or cooperative agreement.”. (2) Conforming amendment.— The table of sections at the beginning of chapter 301 of title 18, United States Code, is amended by adding at the end the following: “4013. Support of United States prisoners in non-Federal institutions.”. (e) Pay of Director of Service.— Section 5315 of title 5, United States Code, is amended by adding at the end thereof the following: “Director, United States Marshals Service.”. SEC. 7609. DATA COLLECTION AND REPORTING. (a) Family Violence Reporting.— Under the authority of section 534 of title 28, United States Code, the Attorney General shall require, and include in uniform crime reports, data that indicate— (1) the age of the victim; and (2) the relationship of the victim to the offender, for crimes of murder, aggravated assault, simple assault, rape, sexual offenses, and offenses against children. (b) National Crime Survey.— The Director of the Bureau of Justice Statistics, through the annual National Crime Survey, shall collect and publish data that more accurately measures the extent of domestic violence in America, especially the physical and sexual abuse of children and the elderly. (c) Authorization of Appropriations.— There are authorized to be appropriated in fiscal years 1989, 1990, 1991, and 1992, such sums as are necessary to carry out the purposes of this section.

3. 1988

   National Commission on Measured Responses to Achieve a Drug-Free America by 1995 Authorization Act

   Pub. L. 100–690 § 7125(c)(1) · 102 Stat. 4181

   Amended · 34 U.S.C. § 20102(b)(1)

   Pub. L. 100–690, § 7125(c)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “such program is operated by a State and offers compensation to victims of crime and survivors of victims of crime for—

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 100–690, § 7125(c)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “such program is operated by a State and offers compensation to victims of crime and survivors of victims of crime for—

   “(A) medical expenses attributable to a physical injury resulting from compensable crime, including expenses for mental health counseling and care; “(B) loss of wages attributable to a physical injury resulting from a compensable crime; and “(C) funeral expenses attributable to a death resulting from a compensable crime;”.

   Enacted provision · exact public law section
   (1) Paragraph (1) of section 1403(b) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(b)(1)) is amended to read as follows: “(1) such program is operated by a State and offers compensation to victims and survivors of victims of criminal violence, including drunk driving and domestic violence;”.

4. 1988

   National Commission on Measured Responses to Achieve a Drug-Free America by 1995 Authorization Act

   Pub. L. 100–690 § 7125(d) · 102 Stat. 4181

   Amended · 34 U.S.C. § 20102(b)(5)

   Pub. L. 100–690, § 7125(d), amended par. (5) generally. Prior to amendment, par. (5) read as follows: “such program provides compensation to victims of crimes occurring within such State that would be compensable crimes, but for the fact that such crimes are subject to Federal jurisdiction, on the same basis that such program provides compensation to victims of compensable crimes; and”

   Source evidence

   Code amendment note
   Subsec. (b)(5). Pub. L. 100–690, § 7125(d), amended par. (5) generally. Prior to amendment, par. (5) read as follows: “such program provides compensation to victims of crimes occurring within such State that would be compensable crimes, but for the fact that such crimes are subject to Federal jurisdiction, on the same basis that such program provides compensation to victims of compensable crimes; and”.

   Enacted provision · exact public law section
   (d) Change in Victim Compensation Criteria.— Section 1403(b)(5) (42 U.S.C. 10602(b)(5)) of the Victims of Crime Act of 1984 is amended to read as follows: “(5) such program provides compensation to victims of Federal crimes occurring within the State on the same basis that such program provides compensation to victims of State crimes;”.

5. 1988

   National Commission on Measured Responses to Achieve a Drug-Free America by 1995 Authorization Act

   Pub. L. 100–690 § 7125(a)(1) · 102 Stat. 4181

   Redesignated · 34 U.S.C. § 20102(b)(6); 34 U.S.C. § 20102(b)(7)

   Pub. L. 100–690, § 7125(a)(1), added pars. (6) and (7). Former par. (6) redesignated (8)

   Source evidence

   Code amendment note
   Subsec. (b)(6), (7). Pub. L. 100–690, § 7125(a)(1), added pars. (6) and (7). Former par. (6) redesignated (8).

   Enacted provision · exact public law section
   (1) by inserting after paragraph (5) the following: “(6) such program provides compensation to residents of the State who are victims of crimes occurring outside the State if— “(A) the crimes would be compensable crimes had they occurred inside that State; and “(B) the places the crimes occurred in are States not having eligible crime victim compensation programs; “(7) such program does not, except pursuant to rules issued by the program to prevent unjust enrichment of the offender, deny compensation to any victim because of that victim’s familial relationship to the offender, or because of the sharing of a residence by the victim and the offender; and”; and

6. 1988

   National Commission on Measured Responses to Achieve a Drug-Free America by 1995 Authorization Act

   Pub. L. 100–690 title VII · 102 Stat. 4181

   1. Redesignated · 34 U.S.C. § 20102(b)(8)

      Pub. L. 100–690, §§ 7123(b)(3), 7125(a)(2), redesignated par. (6) as (8)

   2. Substituted · 34 U.S.C. § 20102(b)(8)

      Pub. L. 100–690, §§ 7123(b)(3), 7125(a)(2), substituted “Director” for “Attorney General”

   Source evidence

   Code amendment note
   Subsec. (b)(8). Pub. L. 100–690, §§ 7123(b)(3), 7125(a)(2), redesignated par. (6) as (8) and substituted “Director” for “Attorney General”.

   Enacted provision · exact public law
   TITLE VII— DEATH PENALTY AND OTHER CRIMINAL AND LAW ENFORCEMENT MATTERS SEC. 7000. TABLE OF CONTENTS. Subtitle A. Death penalty Subtitle B. Minor and technical criminal law amendments Subtitle C. Sentencing amendments Subtitle D. Victim compensation and assistance Subtitle E. Federal Aviation Administration drug enforcement assistance Subtitle F. Juvenile justice and delinquency prevention Subtitle G. Provisions relating to prisons, probation, parole, and supervised release Subtitle H. Provisions relating to courts Subtitle I. Provisions relating to the Federal Bureau of Investigation Subtitle J. Provisions relating to the deportation of aliens who commit aggravated felonies Subtitle K. United States Customs Service Subtitle L. Coast Guard drug law enforcement Subtitle M. Interpol provisions Subtitle N. Child Pornography and Obscenity Subtitle O. Miscellaneous Subtitle A— Death Penalty SEC. 7001. DEATH PENALTY FOR DRUG-RELATED KILLINGS. (a) Elements of Offense.— Section 408 of the Controlled Substances Act (21 U.S.C. 848) is amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following: “Death Penalty “(e) (1) In addition to the other penalties set forth in this section— “(A) any person engaging in or working in furtherance of a continuing criminal enterprise, or any person engaging in an offense punishable under section 841(b)(1)(A) or section 960(b)(1) who intentionally kills or counsels, commands, induces, procures, or causes the intentional killing of an individual and such killing results, shall be sentenced to any term of imprisonment, which shall not be less than 20 years, and which may be up to life imprisonment, or may be sentenced to death; and “(B) any person, during the commission of, in furtherance of, or while attempting to avoid apprehension, prosecution or service of a prison sentence for, a felony violation of this title or title III who intentionally kills or counsels, commands, induces, procures, or causes the intentional killing of any Federal, State, or local law enforcement officer engaged in, or on account of, the performance of such officer’s official duties and such killing results, shall be sentenced to any term of imprisonment, which shall not be less than 20 years, and which may be up to life imprisonment, or may be sentenced to death. “(2) As used in paragraph (1)(b), the term ‘law enforcement officer’ means a public servant authorized by law or by a Government agency or Congress to conduct or engage in the prevention, investigation, prosecution or adjudication of an offense, and includes those engaged in corrections, probation, or parole functions.”. (b) Procedure Applicable With Respect to the Death Penalty.— Section 408 of the Controlled Substances Act (21 U.S.C. 848) is amended by adding at the end the following: “Hearing Required with Respect to the Death Penalty “(g) A person shall be subjected to the penalty of death for any offense under this section only if a hearing is held in accordance with this section. “Notice by the Government in Death Penalty Cases “(h) (1) Whenever the Government intends to seek the death penalty for an offense under this section for which one of the sentences provided is death, the attorney for the Government, a reasonable time before trial or acceptance by the court of a plea of guilty, shall sign and file with the court, and serve upon the defendant, a notice— “(A) that the Government in the event of conviction will seek the sentence of death; and “(B) setting forth the aggravating factors enumerated in subsection (n) and any other aggravating factors which the Government will seek to prove as the basis for the death penalty. “(2) The court may permit the attorney for the Government to amend this notice for good cause shown. “Hearing Before Court or Jury “(i) (1) When the attorney for the Government has filed a notice as required under subsection (h) and the defendant is found guilty of or pleads guilty to ah offense under subsection (e), the judge who presided at the trial or before whom the guilty plea was entered, or any other judge if the judge who presided at the trial or before whom the guilty plea was entered is unavailable, shall conduct a separate sentencing hearing to determine the punishment to be imposed. The hearing shall be conducted— “(A) before the jury which determined the defendant’s guilt; “(B) before a jury impaneled for the purpose of the hearing if— “(i) the defendant was convicted upon a plea of guilty; “(ii) the defendant was convicted after a trial before the court sitting without a jury; “(iii) the jury which determined the defendant’s guilt has been discharged for good cause; or “(iv) after initial imposition of a sentence under this section, redetermination of the sentence under this section is necessary; or “(C) before the court alone, upon the motion of the defendant and with the approval of the Government. “(2) A jury impaneled under paragraph (1)(B) shall consist of 12 members, unless, at any time before the conclusion of the hearing, the parties stipulate with the approval of the court that it shall consist of any number less than 12. “Proof of Aggravating and Mitigating Factors “(j) Notwithstanding rule 32(c) of the Federal Rules of Criminal Procedure, when a defendant is found guilty of or pleads guilty to an offense under subsection (e), no presentence report shall be prepared. In the sentencing hearing, information may be presented as to matters relating to any of the aggravating or mitigating factors set forth in subsections (m) and (n), or any other mitigating factor or any other aggravating factor for which notice has been provided under subsection (h)(1)(B). Where information is presented relating to any of the aggravating factors set forth in subsection (n), information may be presented relating to any other aggravating factor for which notice has been provided under subsection (h)(1)(B). Information presented may include the trial transcript and exhibits if the hearing is held before a jury or judge not present during the trial, or at the trial judge’s discretion. Any other information relevant to such mitigating or aggravating factors may be presented by either the Government or the defendant, regardless of its admissibility under the rules governing admission of evidence at criminal trials, except that information may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury. The Government and the defendant shall be permitted to rebut any information received at the hearing and shall be given fair opportunity to present argument as to the adequacy of the information to establish the existence of any of the aggravating or mitigating factors and as to appropriateness in that case of imposing a sentence of death. The Government shall open the argument. The defendant shall be permitted to reply. The Government shall then be permitted to reply in rebuttal. The burden of establishing the existence of any aggravating factor is on the Government, and is not satisfied unless established beyond a reasonable doubt. The burden of establishing the existence of any mitigating factor is on the defendant, and is not satisfied unless established by a preponderance of the evidence. “Return of Findings “(k) The jury, or if there is no jury, the court, shall consider all the information received during the hearing. It shall return special findings identifying any aggravating factors set forth in subsection (n), found to exist If one of the aggravating factors set forth in subsection (n)(1) and another of the aggravating factors set forth in paragraphs (2) through (12) of subsection (n) is found to exist, a special finding identifying any other aggravating factor for which notice has been provided under subsection (h)(1)(B), may be returned. A finding with respect to a mitigating factor may be made by one or more of the members of the jury, and any member of the jury who finds the existence of a mitigating factor may consider such a factor established for purposes of this subsection, regardless of the number of jurors who concur that the factor has been established. A finding with respect to any aggravating factor must be unanimous. If an aggravating factor set forth in subsection (n)(1) is not found to exist or an aggravating factor set forth in subsection (n)(1) is found to exist but no other aggravating factor set forth in subsection (n) is found to exist, the court shall impose a sentence, other than death, authorized by law. If an aggravating factor set forth in subsection (n)(1) and one or more of the other aggravating factors set forth in subsection (n) are found to exist, the jury, or if there is no jury, the court, shall then consider whether the aggravating factors found to exist sufficiently outweigh any mitigating factor or factors found to exist, or in the absence of mitigating factors, whether the aggravating factors are themselves sufficient to justify a sentence of death. Based upon this consideration, the jury by unanimous vote, or if there is no jury, the court, shall recommend that a sentence of death shall be imposed rather than a sentence of life imprisonment without possibility of release or some other lesser sentence. The jury or the court, regardless of its findings with respect to aggravating and mitigating factors, is never required to impose a death sentence and the jury shall be so instructed. “Imposition of Sentence “(l) Upon the recommendation that the sentence of death be imposed, the court shall sentence the defendant to death. Otherwise the court shall impose a sentence, other than death, authorized by law. A sentence of death shall not be carried out upon a person who is under 18 years of age at the time the crime was committed. A sentence of death shall not be carried out upon a person who is mentally retarded. A sentence of death shall not be carried out upon a person who, as a result of mental disability— “(1) cannot understand the nature of the pending proceedings, what such person was tried for, the reason for the punishment, or the nature of the punishment; or “(2) lacks the capacity to recognize or understand facts which would make the punishment unjust or unlawful, or lacks the ability to convey such information to counsel or to the court. “Mitigating Factors “(m) In determining whether a sentence of death is to be imposed on a defendant, the finder of fact shall consider mitigating factors, including the following: “(1) The defendant’s capacity to appreciate the wrongfulness of the defendant’s conduct or to conform conduct to the requirements of law was significantly impaired, regardless of whether the capacity was so impaired as to constitute a defense to the charge. “(2) The defendant was under unusual and substantial duress, regardless of whether the duress was of such a degree as to constitute a defense to the charge. “(3) The defendant is punishable as a principal (as defined in section 2 of title 18 of the United States Code) in the offense, which was committed by another, but the defendant’s participa-tion was relatively minor, regardless of whether the participation was so minor as to constitute a defense to the charge. “(4) The defendant could not reasonably have foreseen that the defendant’s conduct in the course of the commission of murder, or other offense resulting in death for which the defendant was convicted, would cause, or would create a grave risk of causing, death to any person. “(5) The defendant was youthful, although not under the age of 18. “(6) The defendant did not have a significant prior criminal record. “(7) The defendant committed the offense under severe mental or emotional disturbance. “(8) Another defendant or defendants, equally culpable in the crime, will not be punished by death. “(9) The victim consented to the criminal conduct that resulted in the victim’s death. “(10) That other factors in the defendant’s background or character mitigate against imposition of the death sentence. “Aggravating Factors for Homicide “(n) If the defendant is found guilty of or pleads guilty to an offense under subsection (e), the following aggravating factors are the only aggravating factors that shall be considered, unless notice of additional aggravating factors is provided under subsection (h)(1)(B): “(1) The defendant— “(A) intentionally killed the victim; “(B) intentionally inflicted serious bodily injury which resulted in the death of the victim; “(C) intentionally engaged in conduct intending that the victim be killed or that lethal force be employed against the victim, which resulted in the death of the victim; “(D) intentionally engaged in conduct which— “(i) the defendant knew would create a grave risk of death to a person, other than one of the participants in the offense; and “(ii) resulted in the death of the victim. “(2) The defendant has been convicted of another Federal offense, or a State offense resulting in the death of a person, for which a sentence of life imprisonment or a sentence of death was authorized by statute. “(3) The defendant has previously been convicted of two or more State or Federal offenses punishable by a term of imprisonment of more than one year, committed on different occasions, involving the infliction of, or attempted infliction of, serious bodily injury upon another person. “(4) The defendant has previously been convicted of two or more State or Federal offenses punishable by a term of imprisonment of more than one year, committed on different occasions, involving the distribution of a controlled substance. “(5) In the commission of the offense or in escaping apprehension for a violation of subsection (e), the defendant knowingly created a grave risk of death to one or more persons in addition to the victims of the offense. “(6) The defendant procured the commission of the offense by payment, or promise of payment, of anything of pecuniary value. “(7) The defendant committed the offense as consideration for the receipt, or in the expectation of the receipt, of anything of pecuniary value. “(8) The defendant committed the offense after substantial planning and premeditation. “(9) The victim was particularly vulnerable due to old age, youth, or infirmity. “(10) The defendant had previously been convicted of violating this title or title III for which a sentence of five or more years may be imposed or had previously been convicted of engaging in a continuing criminal enterprise. “(11) The violation of this title in relation to which the conduct described in subsection (e) occurred was a violation of section 405. “(12) The defendant committed the offense in an especially heinous, cruel, or depraved manner in that it involved torture or serious physical abuse to the victim. “Right of the Defendant to Justice Without Discrimination “(o) (1) In any hearing held before a jury under this section, the court shall instruct the jury that in its consideration of whether the sentence of death is justified it shall not consider the race, color, religious beliefs, national origin, or sex of the defendant or the victim, and that the jury is not to recommend a sentence of death unless it has concluded that it would recommend a sentence of death for the crime in question no matter what the race, color, religious beliefs, national origin, or sex of the defendant, or the victim, may be. The jury shall return to the court a certificate signed by each juror that consideration of the race, color, religious beliefs, national origin, or sex of the defendant or the victim was not involved in reaching his or her individual decision, and that the individual juror would have made the same recommendation regarding a sentence for the crime in question no matter what the race, color, religious beliefs, national origin, or sex of the defendant, or the victim, may be. “(2) Not later than one year from the date of enactment of the Anti-Drug Abuse Amendments Act of 1988, the Comptroller General shall conduct a study of the various procedures used by the several States for determining whether or not to impose the death penalty in particular cases, and shall report to the Congress on whether or not any or all of the various procedures create a significant risk that the race of a defendant, or the race of a victim against whom a crime was committed, influence the likelihood that defendants in those States will be sentenced to death. In conducting the study required by this paragraph, the General Accounting Office shall— “(A) use ordinary methods of statistical analysis, including methods comparable to those ruled admissible by the courts in race discrimination cases under title VII of the Civil Rights Act of 1964; “(B) study only crimes occurring after January 1, 1976; and “(C) determine what, if any, other factors, including any relation between any aggravating or mitigating factors and the race of the victim or the defendant, may account for any evidence that the race of the defendant, or the race of the victim, influences the likelihood that defendants will be sentenced to death. In addition, the General Accounting Office shall examine separately and include in the report, death penalty cases involving crimes similar to those covered under this section. “Sentencing in Capital Cases in Which Death Penalty is not Sought or Imposed “(p) If a person is convicted for an offense under subsection (e) and the court does not impose the penalty of death, the court may impose a sentence of life imprisonment without the possibility of parole. “Appeal in Capital Cases; Counsel for Financially Unable Defendants “(q) (1) In any case in which the sentence of death is imposed under this section, the sentence of death shall be subject to review by the court of appeals upon appeal by the defendant. Notice of appeal must be filed within the time prescribed for appeal of judgment in section 2107 of title 28, United States Code. An appeal under this section may be consolidated with an appeal of the judgment of conviction. Such review shall have priority over all other cases. “(2) On review of the sentence, the court of appeals shall consider the record, the evidence submitted during the trial, the information submitted during the sentencing hearing, the procedures employed in the sentencing hearing, and the special findings returned under this section. “(3) The court shall affirm the sentence if it determines that— “(A) the sentence of death was not imposed under the influence of passion, prejudice, or any other arbitrary factor; and “(B) the information supports the special finding of the existence of every aggravating factor upon which the sentence was based, together with, or the failure to find, any mitigating factors as set forth or allowed in this section. In all other cases the court shall remand the case for reconsideration under this section. The court of appeals shall state in writing the reasons for its disposition of the review of the sentence. “(4) (A) Notwithstanding any other provision of law to the contrary, in every criminal action in which a defendant is charged with a crime which may be punishable by death, a defendant who is or becomes financially unable to obtain adequate representation or investigative, expert, or other reasonably necessary services at any time either— “(i) before judgment; or “(ii) after the entry of a judgment imposing a sentence of death but before the execution of that judgment; shall be entitled to the appointment of one or more attorneys and the furnishing of such other services in accordance with paragraphs (5), (6), (7), (8), and (9). “(B) In any post conviction proceeding under section 2254 or 2255 of title 28, United States Code, seeking to vacate or set aside a death sentence, any defendant who is or becomes financially unable to obtain adequate representation or investigative, expert, or other reasonably necessary services shall be entitled to the appointment of one or more attorneys and the furnishing of such other services in accordance with paragraphs (5), (6), (7), (8), and (9). “(5) If the appointment is made before judgment, at least one attorney so appointed must have been admitted to practice in the court in which the prosecution is to be tried for not less than five years, and must have had not less than three years experience in the actual trial of felony prosecutions in that court. “(6) If the appointment is made after judgment, at least one attorney so appointed must have been admitted to practice in the court of appeals for not less than five years, and must have had not less than three years experience in the handling of appeals in that court in felony cases. “(7) With respect to paragraphs (5) and (6), the court, for good cause, may appoint another attorney whose background, knowledge, or experience would otherwise enable him or her to properly represent the defendant, with due consideration to the seriousness of the possible penalty and to the unique and complex nature of the litigation. “(8) Unless replaced by similarly qualified counsel upon the attorney’s own motion or upon motion of the defendant, each attorney so appointed shall represent the defendant throughout every subsequent stage of available judicial proceedings, including pretrial proceedings, trial, sentencing, motions for new trial, appeals, applications, for writ of certiorari to the Supreme Court of the United States, and all available post-conviction process, together with applications for stays of execution and other appropriate motions and procedures, and shall also represent the defendant in such competency proceedings and proceedings for executive or other clemency as may be available to the defendant. “(9) Upon a finding in ex parte proceedings that investigative, expert or other services are reasonably necessary for the representation of the defendant, whether in connection with issues relating to guilt or sentence, the court shall authorize the defendant’s attorneys to obtain such services on behalf of the defendant and shall order the payment of fees and expenses therefore, under paragraph (10). Upon a finding that timely procurement of such services could not practicably await prior authorization, the court may authorize the provision of and payment for such services nunc pro tunc. “(10) Notwithstanding the rates and maximum limits generally applicable to criminal cases and any other provision of law to the contrary, the court shall fix the compensation to be paid to attorneys appointed under this subsection and the fees and expenses to be paid for investigative, expert, and other reasonably necessary services authorized under paragraph (9), at such rates or amounts as the court determines to be reasonably necessary to carry out the requirements of paragraphs (4) through (9). “Refusal to Participate by State and Federal Correctional Employees “(r) No employee of any State department of corrections or the Federal Bureau of Prisons and no employee providing services to that department or bureau under contract shall be required, as a condition of that employment, or contractual obligation to be in attendance at or to participate in any execution carried out under this section if such participation is contrary to the moral or religious convictions of the employee. For purposes of this subsection, the term ‘participation in executions’ includes personal preparation of the condemned individual and the apparatus used for execution and supervision of the activities of other personnel in carrying out such activities.”. SEC. 7002. GAO STUDY OF THE COST OF EXECUTIONS. (a) Study.— No later than three years after the date of the enactment of this Act, the Comptroller General shall carry out a study to review the cost of implementing the procedures for imposing and carrying out a death sentence prescribed by this title. (b) Specific Requirement.— Such study shall consider, but not be limited to, information concerning impact on workload of the Federal prosecutors and judiciary and law enforcement necessary to obtain capital sentences and executions under this Act. (c) Submission of Report.— Not later than four years after date of the enactment of this Act, the Comptroller General shall submit to Congress a report describing the results of the study. Subtitle B— Minor and Technical Criminal Law Amendments SEC. 7011. SHORT TITLE. This subtitle may be cited as the “Minor and Technical Criminal Law Amendments Act of 1988”. SEC. 7012. CORRECTION OF CROSS REFERENCE. Section 38 of the Criminal Law and Procedure Technical Amendments Act of 1986 is amended by striking “section 23” and inserting 18 USC 18. “section 34”. SEC. 7013. CORRECTION OF ERRONEOUS REFERENCE. Section 50(a) of the Criminal Law and Procedure Technical Amendments Act of 1986 is amended by striking “1961(a)” and 18 USC 1961. inserting “1961(l)”. SEC. 7014. CORRECTION OF MISPRINT. Section 58(g) of the Criminal Law and Procedure Technical Amendments Act of 1986 is amended by striking “Section 3147 18 USC 3147. Amendments.—Section 3147 of title” and inserting “Repeal.—(1) Title”. SEC. 7015. CORRECTION OF TYPOGRAPHICAL ERROR IN SECTION 31. Section 31 of title 18, United States Code, is amended by striking “door in opened” and inserting “door is opened”. SEC. 7016. CORRECTION OF TYPOGRAPHICAL ERROR IN SECTION 32. Section 32(a)(3) of title 18, United States Code, is amended by striking “intefering” and inserting “interfering”. SEC. 7017. CORRECTION OF TYPOGRAPHICAL ERROR IN SECTION 152. The third paragraph of section 152 of title 18, United States Code is amended by striking “penalty or perjury” and inserting “penalty of perjury”. SEC. 7018. CONSPIRACY AGAINST CIVIL RIGHTS. (a) In General.— Section 241 of title 18, United States Code, is amended by striking “citizen” and inserting “inhabitant of any State, Territory, or District”. (b) Conforming Amendments.— (1) The heading for section 241 of title 18, United States Code, is amended by striking “of citizens”. (2) The item relating to section 241 in the table of sections at the beginning of chapter 13 of title 18, United States Code, is amended by striking “of citizens”. SEC. 7019. DEPRIVATION OF CIVIL RIGHTS. Section 242 of title 18, United States Code, is amended by inserting “and if bodily injury results shall be fined under this title or imprisoned not more than ten years, or both;” after “both;”. SEC. 7020. DESIGNATION OF ADDITIONAL HIGH LEVEL OFFICIALS OF THE DEPARTMENT OF JUSTICE TO PERFORM CERTAIN FUNCTIONS RELATING TO CRIMINAL AND ANCILLARY PROCEEDINGS. (a) Approval of Certain Civil Rights Prosecutions.— Section 245(a)(1) of title 18, United States Code, is amended— (1) by striking “or the Deputy” and inserting “, the Deputy”; (2) by inserting “, the Associate Attorney General, or any Assistant Attorney General specially designated by the Attorney General” after “Deputy Attorney General”. (b) Approval of Prosecutions for Flight To Avoid Service of Process and Related Proceedings.— Section 1073 of title 18, United States Code, is amended by inserting “, the Deputy Attorney General, the Associate Attorney General,” after “the Attorney General”. (c) Definition of “Attorney General” for Purposes of Certain Racketeering Proceedings.— Section 1961(10) of title 18, United States Code, is amended by inserting “the Associate Attorney General of the United States,” after “Deputy Attorney General of the United States,”. (d) Summoning of Special Grand Juries.— Section 3331(a) of title 18, United States Code, is amended by inserting “, the Associate Attorney General” after “Deputy Attorney General”. (e) Requesting Judicial Grant of Immunity in General.— Section 6003(b) of title 18, United States Code, is amended— (1) by inserting “, the Associate Attorney General” after “Deputy Attorney General”; and (2) by inserting “or Deputy Assistant Attorney General” after “Assistant Attorney General”. (f) Requesting Judicial Grant of Immunity in Certain Drug Cases.— Section 514(c) of the Controlled Substances Act (21 U.S.C. 884(c)) is amended by inserting “, the Associate Attorney General” after “Deputy Attorney General”. (g) Objecting To Disclosure of Classified Information Under the Classified Information Procedures Act.— Section 14 of the Classified Information Procedures Act (18 U.S.C. App. 14) is amended by inserting “, the Associate Attorney General,” after “Deputy Attorney General”. SEC. 7021. OFF-HIGHWAY VEHICLE IDENTIFICATION OFFENSE. Section 553(b)(2) of title 18, United States Code, is amended to read as follows: “(2) (A) in the case of a motor vehicle, is not a violation of section 511 of this title (relating to altering or removing motor vehicle identification numbers); or “(B) in the case of off-highway mobile equipment, would not be a violation of section 511 of this title if such equipment were a motor vehicle.”. SEC. 7022. REDESIGNATION OF PARAGRAPHS IN SECTION 831. Paragraphs (3) through (6) of section 831(e) of title 18, United States Code, are redesignated as paragraphs (2) through (5), respectively. SEC. 7023. IDENTIFICATION FRAUD. Section 1028(a)(6) of title 18, United States Code, is amended— (1) by inserting “knowingly” before “possesses”; (2) by inserting “lawful” before “authority” the first place it appears; and (3) by inserting “such” before “authority” the second place it appears. SEC. 7024. TRANSMISSION OF WAGERING INFORMATION. (a) Transmission of Information to Foreign Countries.— Section 1084(b) of title 18, United States Code, is amended by inserting “or foreign country” after “State” each place it appears. (b) Definition of “State”.— (1) Section 1084 of title 18, United States Code, is amended by adding at the end the following: “(e) As used in this section, the term ‘State’ means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States.”. (2) Section 1084(c) of title 18, United States Code, is amended by striking “, Commonwealth of Puerto Rico, territory, possession, or the District of Columbia”. SEC. 7025. PUNCTUATION CORRECTION IN SECTION 1111. Section 1111(a) of title 18, United States Code, is amended by inserting a comma after “arson”. SEC. 7026. PUNCTUATION CORRECTION IN SECTION 1114. Section 1114 of title 18, United States Code, is amended by striking the second comma after “terms of this section”. SEC. 7027. CLARIFICATION OF RELATION BETWEEN TWO AMENDMENTS MADE BY PUBLIC LAWS ENACTED IN THE 99TH CONGRESS. Section 1153 of title 18, United States Code, is amended by striking “maiming” and all that follows through “incest” and inserting “maiming, a felony under chapter 109A, incest”. SEC. 7028. CORRECTION OF SUBSECTION DESIGNATION. Section 1203 of title 18, United States Code, is amended by striking “(C)” the last place it appears and inserting “(c)”. SEC. 7029. OBSTRUCTION OF JUSTICE AMENDMENTS. (a) Expansion of Venue for Sections 1512 and 1503 Cases.— Section 1512 of title 18, United States Code, is amended by adding at the end the following: “(h) A prosecution under this section or section 1503 may be brought in the district in which the official proceeding (whether or not pending or about to be instituted) was intended to be affected or in the district in which the conduct constituting the alleged offense occurred.”. (b) Definition Changes.— Section 1515(a)(1)(A) of title 18, United States Code, is amended by inserting “a judge of the United States Tax Court, a special trial judge of the Tax Court, a judge of the United States Claims Court,” after “bankruptcy judge,”. (c) Corrupt Persuasion.— Section 1512(b) of title 18, United States Code, is amended by striking “or threatens” and inserting “threatens, or corruptly persuades”. (d) Definition.— Section 1515(a) of title 18, United States Code, is amended— (1) by striking “and” at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting “; and”; and (3) by adding at the end the following: “(6) the term ‘corruptly persuades’ does not include conduct which would be misleading conduct but for a lack of a state of mind.”. SEC. 7030. CONFORMING AMENDMENT TO TABLE OF SECTIONS. The item relating to section 1515 in the table of sections at the beginning of chapter 73 of title 18, United States Code, is amended by inserting “; general provision” after “provisions”. SEC. 7031. CROSS REFERENCE CORRECTIONS AND ADDITIONS. Section 1956(c)(7)(D) of title 18, United States Code, is amended by— (1) striking “section 511” and inserting “section 513”; (2) striking “section 543” and inserting “section 545”; and (3) inserting “section 657 (relating to lending, credit, and insurance institutions), section 658 (relating to property mortgaged or pledged to farm credit agencies),” after “section 656 (relating to theft, embezzlement, or misapplication by bank officer or employee),”. SEC. 7032. CROSS REFERENCE CORRECTION AND ADDITIONS. Section 1961(1) of title 18, United States Code, is amended by striking “section 2320” and inserting “section 2321”. SEC. 7033. SYNTAX CORRECTION IN SECTION 1962. Section 1962(d) of title 18, United States Code, is amended by striking “subsections” and inserting “subsection”. SEC. 7034. SECTION 1963 AMENDMENTS. (a) Correction of Typographical Error in Subsection (n).— Section 1963(n) of title 18, United States Code, is amended by striking “act of omission” and inserting “act or omission”. (b) Redesignation.— Subsection (n) of section 1963 of title 18, United States Code, is redesignated as subsection (m). SEC. 7035. CLERICAL CORRECTION TO TABLE OF CONTENTS FOR CHAPTER 119. The table of sections at the beginning of chapter 119 of title 18, United States Code, is amended by striking “wire or oral” in the items relating to sections 2511, 2512, 2513, 2516, 2517, 2518, and 2519 and inserting “wire, oral, or electronic”. SEC. 7036. SECTION 2516 AMENDMENTS. (a) Syntax Correction.— Section 2516(1) of title 18, United States Code, is amended— (1) by inserting “or” after “Associate Attorney General,”, and (2) by striking the comma that follows a comma. (b) Correction of Cross-References.— Section 2516(1)(c) of title 18, United States Code, is amended— (1) by striking “the second section 2320” and inserting “section 2321”; and (2) by striking “section 2252 or 2253 (sexual exploitation of children),”. (c) Punctuation Corrections.— (1) section 2516(1)(a) is amended by striking “(relating to riots);” and inserting “(relating to riots),”; (2) section 2516(1)(j) is amended by striking “or;”; and (3) section 2516(1)(k) is amended by inserting “or” at the end thereof. SEC. 7037. CORRECTION OF CROSS REFERENCE. Section 2702(b)(2) of title 18, United States Code, is amended by striking “2516” and inserting “2517”. SEC. 7038. GOVERNMENTAL ACCESS TO CONTENTS OF ELECTRONIC COMMUNICATIONS IN AND RECORDS OF A REMOTE COMPUTING SERVICE. Sections 2703(b)(1)(B)(i) and 2703(c)(1)(B)(i) of title 18, United States Code, are amended by inserting “or trial” after “grand jury”. SEC. 7039. DEFINITION OF COURT FOR CERTAIN APPLICATIONS. Section 2703(d) of title 18, United States Code, is amended by inserting “may be issued by any court that is a court of competent jurisdiction set forth in section 3126(2)(A) of this title and” before “shall issue”. SEC. 7040. SECTION 3124 AMENDMENT. Section 3124(b) of title 18, United States Code, is amended by inserting “order” after “court” the last place it appears. SEC. 7041. SENTENCING CLASSIFICATION OF OFFENSES. (a) Redesignation.— Section 3559(a) of title 18, United States Code, is amended— (1) by striking “classified—” and all that follows through “is—” and inserting “classified if the maximum term of imprisonment authorized is—”; and (2) by redesignating subparagraphs (A) through (I) as paragraphs (1) through (9). (b) Class B Classification.— Section 3559(a) of title 18, United States Code, is amended in each of paragraphs (2) and (3) (as so redesignated by subsection (a)), by striking “twenty” and inserting “twenty-five”. SEC. 7042. CORRECTION OF CROSS REFERENCES. Subsection (h) of section 3663 of title 18, United States Code, is amended to read as follows: “(h) An order of restitution may be enforced— “(1) by the United States— “(A) in the manner provided for the collection and payment of fines in subchapter B of chapter 229 of this title; or “(B) in the same manner as a judgment in a civil action; and “(2) by a victim named in the order to receive the restitution, in the same manner as a judgment in a civil action.”. SEC. 7043. FURLOUGH OF CERTAIN INDIVIDUALS ORDERED TO BE COMMITTED FOR INSANITY. Section 4243 of title 18, United States Code, is amended by adding at the end thereof the following: “(h) Limitations on Furloughs.— An individual who is hospitalized under subsection (e) of this section after being found not guilty only by reason of insanity of an offense for which subsection (d) of this section creates a burden of proof of clear and convincing evidence, may leave temporarily the premises of the facility in which that individual is hospitalized only— “(1) with the approval of the committing court, upon notice to the attorney for the Government and such individual, and after opportunity for a hearing; “(2) in an emergency; or “(3) when accompanied by a Federal law enforcement officer (as defined in section 115 of this title).”. SEC. 7044. PERIODIC REPORTS RELATING TO CERTAIN HOSPITALIZED PERSONS. Section 4247(e)(1)(B) of title 18, United States Code, is amended by adding at the end thereof the following: “A copy of each such report concerning a person hospitalized after the beginning of a prosecution of that person for violation of section 871, 879, or 1751 of this title shall be submitted to the Director of the United States Secret Classified information. Service. Except with the prior approval of the court, the Secret Service shall not use or disclose the information in these copies for any purpose other than carrying out protective duties under section 3056(a) of this title.”. SEC. 7045. INSERTION OF MISSING CLOSE PARENTHESIS. The last paragraph of section 5034 of title 18, United States Code, is amended by striking “facility upon” and inserting “facility) upon”. SEC. 7046. AMENDMENT TO RULES OF EVIDENCE CONFORMING TERMINOLOGY RELATING TO SEX OFFENSES. (a) In General.— Rule 412 of the Federal Rules of Evidence is amended— (1) in the heading of such rule, by striking “Rape” and inserting “Sex Offense”; (2) in subdivisions (a) and (b), by striking “rape or of assault with intent to commit rape” each place it appears and inserting “an offense under chapter 109A of title 18, United States Code”; (3) in subdivision (a), by striking “rape or assault” and inserting “offense”; (4) by striking “rape or assault with intent to commit rape” each place it appears and inserting “an offense under chapter 109A of title 18, United States Code”; and (5) in subdivision (b)(2)(B), by striking “rape or assault” and inserting “such offense”. (b) Clerical Amendment.— The item relating to rule 412 in the table of contents at the beginning of the Federal Rules of Evidence is amended by striking “Rape” and inserting “Sex Offense”. SEC. 7047. EXTENSION OF POWER TO MAKE CERTAIN EXAMINATIONS TO PSYCHOLOGISTS. (a) Section 4247(b).— Section 4247(b) of title 18, United States Code, is amended by striking “clinical psychologist” and inserting “psychologist”. (b) Conforming Amendment to Rule 35.— Rule 35 of the Federal Rules of Civil Procedure is amended— 28 USC app. (1) in subdivision (a), by striking “physical or mental examination by a physician” and inserting “physical examination by a physician, or mental examination by a physician or psychologist”; (2) in subdivision (b), by inserting “or psychologist” after “physician” each time it appears, and by adding “or psychologist” to the heading of the subdivision; and (3) by adding at the end the following new subdivision: “(c) Definitions.— For the purpose of this rule, a psychologist is a psychologist licensed or certified by a State or the District of Columbia.”. SEC. 7048. SYNTACTICAL CORRECTION RELATING TO CERTAIN COUNTERFEIT OR FORGED ITEMS. The second paragraph of section 2315 of title 18, United States Code, is amended by striking “which have crossed a State or United States boundary after being stolen, unlawfully converted, or taken” and inserting “moving as, or which are a part of, or which constitute interstate or foreign commerce”. SEC. 7049. FORM CORRECTION IN FEDERAL RULES OF CIVIL PROCEDURE. Rule 17(a) of the Federal Rules of Civil Procedure is amended by 28 USC app. striking “with him”. SEC. 7050. PUNCTUATION CORRECTION IN FEDERAL RULES OF CIVIL PROCEDURE. Rule 71A(e) is amended by striking “taking of the defendants property” and inserting “taking of the defendant’s property”. SEC. 7051. DEFINITION OF “UNITED STATES” IN REFERENCE TO TERRORIST ACTS. Section 3077(4) of title 18, United States Code, is amended to read as follows: “(4) ‘United States,’ when used in a geographical sense, includes Puerto Rico and all territories and possessions of the United States;”. SEC. 7052. CROSS REFERENCES PERTAINING TO ARREST AUTHORITY FOR VIOLATION OF RELEASE CONDITIONS. Section 3062 of title 18, United States Code, is amended by striking “a condition impeded on the person pursuant to section 3142 (c)(2)(D), (c)(2)(E), (c)(2)(H), (c)(2)(I), or (c)(2)(M), or, if the violation involves a failure to remain in a specified institution as required, a condition imposed pursuant to section 3142(c)(2)(J)” and inserting “a condition imposed on the person pursuant to section 3142(c)(1)(B) (iv), (v), (viii), (ix), or (xiii), or, if the violation involves a failure to remain in a specified institution as required, a condition imposed pursuant to section 3142(c)(1)(B)(x)”. SEC. 7053. RENUMBERING OF SECTIONS IN CHAPTER 95. (a) Section 1958.— Section 1952A of title 18, United States Code, is redesignated as section 1958. (b) Section 1959.— Section 1952B of title 18, United States Code, is redesignated as section 1959. (c) Table of Sections.— The table of sections at the beginning of chapter 95 of title 18, United States Code, is amended— (1) by striking “1952A” and inserting “1958”; (2) by striking “1952B” and inserting “1959”; and (3) by inserting the items for redesignated sections 1958 and 1959 at the end of the table. (d) Section 2516(c).— Section 2516(c) of title 18, United States Code, is amended— (1) by striking “1952A” and inserting “1958”; and (2) by striking “1952B” and inserting “1959”. SEC. 7054. ADDITION OF RICO PREDICATE. Section 1961(1)(B) of title 18, United States Code, is amended— (1) by inserting after “section 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity)” the following: “, section 1958 (relating to use of interstate commerce facilities in the commission of murder-for-hire), sections 2251–2252 (relating to sexual exploitation of children)”; and (2) by inserting after “sections 891–894 (relating to extortionate credit transactions)” the following: “, section 1029 (relative to fraud and related activity in connection with access devices)”. SEC. 7055. PROVISION OF MISDEMEANOR PENALTY FOR CERTAIN ESCAPES. Sections 751(a) and 752(a) of title 18, United States Code, are amended by inserting “, or for exclusion or expulsion proceedings under the immigration laws,” after “extradition”. SEC. 7056. CLARIFICATION OF PREDICATE OFFENSE REQUIREMENTS FOR ARMED CAREER CRIMINAL ACT. Section 924(e)(1) of title 18, United States Code, is amended by inserting “committed on occasions different from one another,” after “for a violent felony or a serious drug offense, or both,” SEC. 7057. TRANSPORTATION AND RECEIPT OF STOLEN SECURITIES. (a) Transmission or Transfer.— The first paragraph of section 2314 of title 18, United States Code, is amended by striking “transports” and inserting “transports, transmits, or transfers”. (b) Inapplicability of Section.— The final paragraphs of sections 2314 and 2315 of title 18, United States Code, are amended— (1) by striking “or by a bank or corporation of any foreign country”; and (2) by adding at the end thereof: “This section also shall not apply to any falsely made, forged, altered, counterfeited, or spurious representation of any bank note or bill issued by a bank or corporation of any foreign country which is intended by the laws or usage of such country to circulate as money.”. SEC. 7058. MAXIMUM PENALTY ADJUSTMENTS. (a) Abusive Sexual Contact.— Section 2244(a) of title 18, United States Code, is amended— (1) in paragraph (1) by striking “five years” and inserting “ten years”; and (2) in paragraph (3) by striking “one year” and inserting “two years”. (b) Murder for Hire.— Section 1958 of title 18, United States Code, is amended by striking “five years” and inserting “ten years”. (c) Attempted Murder.— Section 1113 of title 18, United States Code, is amended by striking “shall be fined not more than $1,000 or imprisoned not more than three years, or both” and inserting “shall, for an attempt to commit murder be imprisoned not more than twenty years or fined under this title, or both, and for an attempt to commit manslaughter be imprisoned not more than three years or fined under this title, or both.” (d) Racketeering Influenced and Corrupt Organizations.— Section 1963(a) of title 18, United States Code, is amended by striking “shall be fined not more than $25,000 or imprisoned not more than twenty years, or both” and inserting “shall be fined under this title or imprisoned not more than 20 years (or for life if the violation is based on a racketeering activity for which the maximum penalty includes life imprisonment), or both.”. SEC. 7059. INTERSTATE AGREEMENT ON DETAINERS ACT AMENDMENTS. The Interstate Agreement on Detainers Act (84 Stat. 1397) is amended by adding at the end thereof the following new section: “§ 9. Special Provisions when United States is a Receiving State “Notwithstanding any provision of the agreement on detainers to the contrary, in a case in which the United States is a receiving State— “(1) any order of a court dismissing any indictment, information, or complaint may be with or without prejudice. In determining whether to dismiss the case with or without prejudice, the court shall consider, among others, each of the following factors: The seriousness of the offense; the facts and circumstances of the case which led to the dismissal; and the impact of a reprosecution on the administration of the agreement on detainers and on the administration of justice; and “(2) it shall not be a violation of the agreement on detainers if prior to trial the prisoner is returned to the custody of the sending State pursuant to an order of the appropriate court issued after reasonable notice to the prisoner and the United States and an opportunity for a hearing.”. SEC. 7060. CLERICAL CORRECTIONS RELATING TO CHAPTER 44. (a) Section 924(c) Amendments.— Paragraph (1) of section 924(c) of title 18, United States Code, is amended— (1) by striking “crime,,” the first place it appears and inserting “crime”; (2) by striking “crime,,” each other place it appears and inserting “crime,”; (3) by striking “including a crime” and inserting “(including a crime”; (4) by striking “crime, which” and inserting “crime which”; (5) by striking “device, for” and inserting “device) for”; and (6) by striking “, or drug trafficking crime”. (b) Section 929 Amendment.— Paragraph (1) of section 929(a) of title 18, United States Code, is amended by striking “crime,” each place it appears and inserting “crime”. (c) Section 922(g) Amendment.— Section 922(g)(3) of title 18, United States Code, is amended by inserting “who” before “is an unlawful user”. (d) Section 923 Amendments.— Section 923 of title 18, United States Code, is amended— (1) in subsection (a), by striking the period that follows “licensing”; and (2) in subsection (f)(3), by striking the period that follows a period. SEC. 7061. INSERTION OF MISSING SUBSECTION HEADING. Section 2706(c) of title 18, United States Code, is amended by inserting “Exception.—” after “(c)”. SEC. 7062. INSERTION OF MISSING TABLE. Chapter 113A of title 18, United States Code, is amended by inserting after the heading of such chapter the following table: “Sec. 2331. Terrorist acts abroad against United States nationals.”. SEC. 7063. CORRECTION OF ITEMS IN TABLES OF CHAPTERS. (a) Chapter 113A.— The item relating to chapter 113A in the table of sections at the beginning of part I of title 18, United States Code, is amended by striking the final period and inserting “............... 2331”. (b) Chapter 121.— The item relating to chapter 121 in the table of sections at the beginning of part I of title 18, United States Code, is amended by striking “Wire and Electronic Communications and Transactional Records Access” and inserting “wire and electronic communications and transactional records access”. (c) Chapter 17A.— The item relating to chapter 17A in the table of sections at the beginning of part I of title 18, United States Code, is amended by striking “Carrier Operation Under the Influence of Alcohol or Drugs” and inserting “carrier operation under the influence of alcohol or drugs........ 341”. (d) Chapter 109A.— The item relating to chapter 109A in the table of sections at the beginning of part I of title 18, United States Code, is amended by striking “Abuse” and inserting “abuse”. (e) Chapter 11.— The item relating to chapter 11 in the table of sections at the beginning of part I of title 18, United States Code, is amended by striking “Bribery and graft” and inserting “Bribery, graft, and conflicts of interest”. SEC. 7064. INSERTION OF MISSING LETTER. Section 794(d)(4) of title 18, United States Code, is amended by striking “amount” and inserting “amounts”. SEC. 7065. PUNCTUATION CORRECTION. Section 1030(a)(2) of title 18, United States Code, is amended— (1) by striking the comma that follows a comma; and (2) by inserting a comma after “financial institution”. SEC. 7066. REFERENCE CORRECTION. Section 2232(c) of title 18, United States Code, is amended by inserting “of 1978” after “Surveillance Act”. SEC. 7067. CONFORMING AMENDMENT TO TABLE OF SECTIONS. The item relating to section 2710 in the table of sections at the beginning of chapter 121 of title 18, United States Code, is amended by inserting “for chapter” after “Definitions”. SEC. 7068. CORRECTION OF ITEM IN TABLE OF SECTIONS FOR CHAPTER 206. The item relating to section 3123 in the table of sections at the beginning of chapter 206 of title 18, United States Code, is amended by striking “trap or trace” and inserting “trap and trace”. SEC. 7069. CORRECTION OF ITEMS IN TABLE OF SECTIONS FOR CHAPTER 46. The items in the table of sections at the beginning of chapter 46 of title 18, United States Code, are each amended by striking “Forfeiture” and inserting “forfeiture”. SEC. 7070. CORRECTION OF TYPOGRAPHICAL ERROR. Section 2422 of title 18, United States Code, is amended by striking “of foreign commerce” and inserting “or foreign commerce” SEC. 7071. CONFORMING AMENDMENT TO TABLE OF SECTIONS FOR CHAPTER 117. The item relating to section 2424 in the table of sections at the beginning of chapter 117 of title 18, United States Code, is amended by striking “female” and inserting “individual”. SEC. 7072. ELIMINATION OF CROSS REFERENCES TO REPEALED SECTION. (a) Section 3401.— Section 3401(g) of title 18, United States Code, is amended by striking “and section 4216”. (b) Section 3522.— Section 3522(c) of title 18, United States Code, is amended by striking “4216” and inserting “4215”. (c) Section 4106.— Section 4106(b) of title 18, United States Code, is amended by striking “4216” and inserting “4215”. SEC. 7073. INSERTION OF MISSING WORD. Section 3142(c)(3) of title 18, United States Code, is amended by inserting “the” before “order”. SEC. 7074. INSERTION OF MISSING COMMA. Section 351(a) of title 18, United States Code, is amended by inserting a comma after “(as defined in section 3056 of this title)”. SEC. 7075. CORRECTIONS OF ERRORS IN FEDERAL RULES OF EVIDENCE. (a) Insertion of Missing Word.— Rule 615 of the Federal Rules of Evidence is amended by inserting “a” before “party which is not a natural person.”. (b) Syntax Correction.— Rule 804(a)(5) of the Federal Rules of Evidence is amended by striking “subdivisions” and inserting “subdivision”. (c) Correction of Capitalization.— Rule 1101(a) of the Federal Rules of Evidence is amended— (1) by striking “Rules” and inserting “rules”; and (2) by striking “Courts of Appeals” and inserting “courts of appeals”. SEC. 7076. SUPERVISED RELEASE. Rule 11(c)(1) of the Federal Rules of Criminal Procedure is amended by adding “or term of supervised release” after “special parole term”. SEC. 7077. INJUNCTIONS AGAINST FRAUD. Section 1345 of title 18, United States Code, is amended by adding “or of section 287, 371 (insofar as such violation involves a conspiracy to defraud the United States or any agency thereof), or 1001 of this title” after “violation of this chapter,”. SEC. 7078. OBSTRUCTION OF FEDERAL AUDIT. (a) Offense.— Chapter 73 of title 18, United States Code, is amended by adding at the end thereof the following new section: “§ 1516. Obstruction of Federal audit “(a) Whoever, with intent to deceive or defraud the United States, endeavors to influence, obstruct, or impede a Federal auditor in the performance of official duties relating to a person receiving in excess of $100,000, directly or indirectly, from the United States in any 1 year period under a contract or subcontract, shall be fined under this title, or imprisoned not more than 5 years, or both. “(b) For purposes of this section the term ‘Federal auditor’ means any person employed on a full- or part-time or contractual basis to perform an audit or a quality assurance inspection for or on behalf of the United States.”. (b) Clerical Amendment.— The table of sections at the beginning of chapter 73 of title 18, United States Code, is amended by adding at the end thereof the following new item: “1516. Obstruction of Federal audit.”. SEC. 7079. UNAUTHORIZED USE OF THE TERM “SECRET SERVICE”. (a) Unauthorized Use.— Section 709 of title 18, United States Code, is amended by inserting after the undesignated paragraph relating to the Federal Bureau of Investigations the following new paragraph: “Whoever, except with written permission of the Director of the United States Secret Service, knowingly uses the words ‘Secret Service’, ‘Secret Service Uniformed Division’, the initials ‘U.S.S.S.’, ‘U.D’, or any colorable imitation of such words or initials, in connection with, or as a part of any advertisement, circular, book, pamphlet or other publication, play, motion picture, broadcast, telecast, other production, product, or item, in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet or other publication, product, or item, is approved, endorsed, or authorized by or associated in any manner with, the United States Secret Service, or the United States Secret Service Uniformed Division; or”. (b) Effective Date.— This section shall take effect 90 days after the date of enactment of this Act. SEC. 7080. AGGREGATION TO PERMIT PROSECUTION OF CERTAIN SCHEMES TO DEFRAUD MULTIPLE VICTIMS. The second paragraph of section 2314 of title 18, United States Code, is amended by inserting “or persons” after “person” the first place it appears, and by inserting “or those persons” after “person” the second place it appears. SEC. 7081. TIME FOR REFILING INDICTMENT OR INFORMATION FOLLOWING DISMISSAL. (a) Indictment Where Defect Found After Period of Limitations.— Section 3288 of title 18, United States Code, is amended— (1) by inserting after “within six calendar months of the date of the dismissal of the indictment or information” the following: “, or, in the event of an appeal, within 60 days of the date the dismissal of the indictment or information becomes final”; (2) by striking all beginning with “Whenever” through “for any cause,” and inserting “Whenever an indictment or information charging a felony is dismissed for any reason”; (3) by adding at the end thereof the following: “This section does not permit the filing of a new indictment or information where the reason for the dismissal was the failure to file the indictment or information within the period prescribed by the applicable statute of limitations, or some other reason that would bar a new prosecution.”; and (4) so that the section heading reads as follows: “§ 3288. Indictments and information dismissed after period of limitations” (b) Indictment Where Defect Found Before Period of Limitations.— Section 3289 of title 18, United States Code, is amended— (1) by inserting after “within six calendar months of the date of the dismissal of the indictment or information” the following: “or, in the event of an appeal, within 60 days of the date the dismissal of the indictment or information becomes final”; (2) by striking all beginning with “Whenever” through “for any cause,” and inserting “Whenever an indictment or information charging a felony is dismissed for any reason”; (3) by adding at the end thereof the following: “This section does not permit the filing of a new indictment or information where the reason for the dismissal was the failure to file the indictment or information within the period prescribed by the applicable statute of limitations, or some other reason that would bar a new prosecution.”; and (4) so that the section heading reads as follows: “§ 3289. Indictments and information dismissed before period of limitations”. (c) Clerical Amendment.— The table of sections at the beginning of chapter 213 of title 18, United States Code, is amended by striking the items for sections 3288 and 3289 and inserting the following: “3288. Indictments and information dismissed after period of limitations. “3289. Indictments and information dismissed before period of limitations.”. SEC. 7082. CRIMINAL FINES AMENDMENTS. (a) Application of Government Petition for Modification or Remission of Fines to Old Fines.— Section 3573 of title 18, United States Code, is amended by adding at the end thereof the following: “This section shall apply to all fines and assessments irrespective of the date of imposition.”. (b) Application of Statute of Limitations for Special Assessments to Old Assessments.— Section 3013(c) of title 18, United States Code, is amended by adding at the end thereof the following: “This subsection shall apply to all assessments irrespective of the date of imposition.”. (c) Application of Waiver by Attorney General of Interest or Penalty Relating to Fines to Old Fines.— Section 3612(h) of title 18, United States Code, is amended by inserting “or any interest or penalty relating to a fine imposed under any prior law” after “under this section”. (d) Notice Requirements.— Sections 3612(d) and (e) of title 18, United States Code, are amended by striking “, by certified mail,”. SEC. 7083. SYNTAX CORRECTION TO MINIMUM SENTENCE PROVISION. Section 994(n) of title 28, United States Code, is amended by striking “as minimum sentence” and inserting “as a minimum sentence”. SEC. 7084. REFUND OF FORFEITED BAIL. (a) Offense.— Chapter 207 of title 18, United States Code, is amended by adding the following new section after section 3150: “§ 3151. Refund of forfeited bail “Appropriations available to refund money erroneously received and deposited in the Treasury are available to refund any part of forfeited bail deposited into the Treasury and ordered remitted under the Federal Rules of Criminal Procedure.”. (b) Section Analysis.— The section analysis for chapter 207 of title 18, United States Code, is amended by inserting at the appropriate place the following new item: “3151. Refund of forfeited bail.”. SEC. 7085. SPECIAL ASSESSMENTS ON PERSONS CONVICTED OF OFFENSES. Paragraph (1) of section 3013(a) of title 18, United States Code, is amended to read as follows: “(1) in the case of an infraction or a misdemeanor— “(A) if the defendant is an individual— “(i) the amount of $5 in the case of an infraction or a class C misdemeanor; “(ii) the amount of $10 in the case of a class B misdemeanor; and “(iii) the amount of $25 in the case of a class A misdemeanor; and “(B) if the defendant is a person other than an individual— “(i) the amount of $25 in the case of a infraction or a class C misdemeanor; “(ii) the amount of $50 in the case of a class B misdemeanor; and “(iii) the amount of $125 in the case of a class A misdemeanor.”. SEC. 7086. CONDITIONS OF PROBATION. Section 3563(a)(2) of title 18, United States Code, is amended by inserting before the period “, unless the court finds on the record that extraordinary circumstances exist that would make such a condition plainly unreasonable, in which event the court shall impose one or more of the other conditions set forth under subsection (b)”. SEC. 7087. AUTHORITY TO OBTAIN ARREST WARRANT FOR FOREIGN FUGITIVE WHOSE SPECIFIC WHEREABOUTS ARE NOT KNOWN. Section 3184 of title 18, United States Code, is amended by inserting after the first sentence the following: “Such complaint may be filed before and such warrant may be issued by a judge or magistrate of the United States District Court for the District of Columbia if the whereabouts within the United States of the person charged are not known.”. SEC. 7088. MISUSE OF SOCIAL SECURITY NUMBER. Section 208 of the Social Security Act (42 U.S.C. 408) is amended— (1) in the first undesignated paragraph, by striking “not more than $5,000” after “shall be fined” and inserting “under title 18, United States Code,”; (2) in the second undesignated paragraph, by striking “not more than $25,000” after “shall be fined” and inserting “under title 18, United States Code,”; and (3) adding at the end the following: “For the purpose of subsection (g), the terms ‘social security number’ and ‘social security account number’ mean such numbers as are assigned by the Secretary under section 405(c)(2) of this title whether or not, in actual use, such numbers are called social security numbers.”. SEC. 7089. PETTY OFFENSE AMENDMENTS. (a) Title 18.— Section 19 of title 18, United States Code, is amended by inserting “, for which the maximum fine is no greater than the amount set forth for such an offense in section 357l(b) (6) or (7) in the case of an individual or section 3571(c) (6) or (7) in the case of an organization” after “infraction”. (b) Rules of Procedure.— Rule 9 of the Rules of Procedure for the Trial of Misdemeanors before United States Magistrates is amended 18 USC app. to read as follows: “Rule 9. Definition “As used in these rules, ‘petty offense’ has the meaning set forth in 18 U.S.C. § 19.”. (c) Federal Rules of Criminal Procedure.— Rule 54 of the Federal Rules of Criminal Procedure is amended in the definition of 18 USC app. “petty offense” to read as follows: “‘Petty offense’ has the meaning set forth in 18 U.S.C. 19.”. SEC. 7090. NONMAILABILITY OF LOCKSMITHING DEVICES. (a) In General.— Title 39, United States Code, is amended by inserting after section 3002 the following: “§ 3002a. Nonmailability of locksmithing devices. “(a) Any locksmithing device is nonmailable mail, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs, unless such device is mailed to— “(1) a lock manufacturer or distributor; “(2) a bona fide locksmith; “(3) a bona fide repossessor; or “(4) a motor vehicle manufacturer or dealer. “(b) For the purpose of this section, ‘locksmithing device’ means— “(1) a device or tool (other than a key) designed to manipulate the tumblers in a lock into the unlocked position through the keyway of such lock; “(2) a device or tool (other than a key or a device or tool under paragraph (1)) designed for the unauthorized opening or bypassing of a lock or similar security device; and “(3) a device or tool designed for making an impression of a key or similar security device to duplicate such key or device.”. (b) Clerical Amendment.— The table of sections at the beginning of chapter 30 of title 39, United States Code, is amended by inserting after the item relating to section 3002 the following: “3002a. Nonmailability of locksmithing devices.”. (c) Penalties.— Section 1716A of title 18, United States Code, is amended— (1) by inserting “locksmithing devices and” before “motor vehicle” in the section heading; (2) by inserting “(a)” before “Whoever”; and (3) by striking out “fined not more than $1,000, or” and inserting “under this title”; and (4) by adding at the end the following: “(b) Whoever knowingly deposits for mailing or delivery, causes to be delivered by mail, or causes to be delivered by any interstate mailing or delivery other than by the United States Postal Service, any matter declared to be nonmailable by section 3002a of title 39, shall be fined under this title, imprisoned not more than one year, or both.”. (d) Clerical Amendment.— The table of sections for chapter 83 of title 18, United States Code, is amended by striking out the item relating to section 1716A and inserting the following: “1716A. Nonmailable locksmithing devices and motor vehicle master keys.”. SEC. 7091. BAIL PENDING APPEAL. Section 3143(b) of title 18, United States Code, is amended by— (1) striking subparagraph (2) and inserting the following: “(2) that the appeal is not for the purpose of delay and raises a substantial question of law or fact likely to result in— “(A) reversal, “(B) an order for a new trial, “(C) a sentence that does not include a term of imprisonment, or “(D) a reduced sentence to a term of imprisonment less than the total of the time already served plus the expected duration of the appeal process.”; and (2) inserting before the final period the following: “, except that in the circumstance described in paragraph (b)(2)(D), the judicial officer shall order the detention terminated at the expiration of the likely reduced sentence”. SEC. 7092. EMERGENCY PEN REGISTER AND TRAP AND TRACE DEVICE INSTALLATION. (a) Chapter 206 of title 18, United States Code is amended— (1) by renumbering sections 3125 and 3126 as sections 3126 and 3127 respectively; and (2) by adding after section 3124 the following new section: “§ 3125. Emergency pen register and trap and trace device installation. “(a) Notwithstanding any other provision of this chapter, any investigative or law enforcement officer, specially designated by the Attorney General, the Deputy Attorney General, the Associate Attorney General, any Assistant Attorney General, any acting Assistant Attorney General, or any Deputy Assistant Attorney General, or by the principal prosecuting attorney of any State or subdivision thereof acting pursuant to a statute of that State, who reasonably determines that— “(1) an emergency situation exists that involves— “(A) immediate danger of death or serious bodily injury to any person; or “(B) conspiratorial activities characteristic of organized crime, that requires the installation and use of a pen register or a trap and trace device before an order authorizing such installation and use can, with due diligence, be obtained, and “(2) there are grounds upon which an order could be entered under this chapter to authorize such installation and use ‘may have installed and use a pen register or trap and trace device if, within forty-eight hours after the installation has occurred, or begins to occur, an order approving the installation or use is issued in accordance with section 3123 of this title.” “(b) In the absence of an authorizing order, such use shall immediately terminate when the information sought is obtained, when the application for the order is denied or when forty-eight hours have lapsed since the installation of the pen register or trap and trace device, whichever is earlier. “(c) The knowing installation or use by any investigative or law enforcement officer of a pen register or trap and trace device pursuant to subsection (a) without application for the authorizing order within forty-eight hours of the installation shall constitute a violation of this chapter. “(d) A provider for a wire or electronic service, landlord, custodian, or other person who furnished facilities or technical assistance pursuant to this section shall be reasonably compensated for such reasonable expenses incurred in providing such facilities and assistance.”. (b) (1) Section 3124(d) of title 18, United States Code, is amended by adding after the words “court order under this chapter” the words “or request pursuant to section 3125 of this title”. (2) Section 3124(e) of title 18, United States Code, is amended by adding after the words “court order” the words “under this chapter, a request pursuant to section 3125 of this title”. (c) The table of sections for chapter 206 of title 18, United States Code, is amended— (1) by renumbering the items for sections 3125 and 3126 as sections 3126 and 3127, respectively; and (2) by inserting the following new item: “3125. Emergency pen register and trap and trace device installation”. (d) Section 3124(b) of title 18, United States Code, is amended by adding after the words “shall be furnished” the words “, pursuant to subsection 3123(b) or section 3125 of this title,”. SEC. 7093. AUTHORITY OF FEDERAL PRISON INDUSTRIES TO BORROW AND INVEST FUNDS. (a) Grant of Authority.— Chapter 307 of title 18, United States Code, is amended by inserting after section 4128 the following new section: “§ 4129. Authority to borrow and invest “(a) (1) As approved by the board of directors, Federal Prison Industries, to such extent and in such amounts as are provided in appropriations Acts, is authorized to issue its obligations to the Secretary of the Treasury, and the Secretary of the Treasury, in the Secretary’s discretion, may purchase or agree to purchase any such obligations, except that the aggregate amount of obligations issued by Federal Prison Industries under this paragraph that are outstanding at any time may not exceed 25 percent of the net worth of the corporation. For purchases of such obligations by the Secretary of the Treasury, the Secretary is authorized to use as a public debt transaction the proceeds of the sale of any securities issued under chapter 31 of title 31 after the date of the enactment of this section, and the purposes for which securities may be issued under that chapter are extended to include such purchases. Each purchase of obligations by the Secretary of the Treasury under this subsection shall be upon such terms and conditions as to yield a return at a rate not less than a rate determined by the Secretary of the Treasury, taking into consideration the current average yield on outstanding marketable obligations of the United States of comparable maturity. For purposes of the first sentence of this paragraph, the net worth of Federal Prison Industries is the amount by which its assets (including capital) exceed its liabilities. “(2) The Secretary of the Treasury may sell, upon such terms and conditions and at such price or prices as the Secretary shall determine, any of the obligations acquired by the Secretary under this subsection. All purchases and sales by the Secretary of the Treasury of such obligations under this subsection shall be treated as public debt transactions of the United States. “(b) Federal Prison Industries may request the Secretary of the Treasury to invest excess moneys from the Prison Industries Fund. Such investments shall be in public debt securities with maturities suitable to the needs of the corporation as determined by the board of directors, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities.”. (b) Conforming Amendment.— The table of sections at the beginning of chapter 307 of title 18, United States Code, is amended by adding at the end the following new item: “4129. Authority to borrow and invest.”. SEC. 7094. USE OF FUNDS. Section 4126 of title 18, United States Code, is amended— (1) by designating the first through fifth paragraphs as subsections (a) through (e), respectively; (2) by amending subsection (c), as designated by paragraph (1) of this section, to read as follows: “(c) The Corporation, in accordance with the laws generally applicable to the expenditures of the several departments, agencies, and establishments of the Government, is authorized to employ the fund, and any earnings that may accrue to the corporation— “(1) as operating capital in performing the duties imposed by this chapter; “(2) in the lease, purchase, other acquisition, repair, alteration, erection, and maintenance of industrial buildings and equipment; “(3) in the vocational training of inmates without regard to their industrial or other assignments; “(4) in paying, under rules and regulations promulgated by the Attorney General, compensation to inmates employed in any industry, or performing outstanding services in institutional operations, and compensation to inmates or their dependents for injuries suffered in any industry or in any work activity in connection with the maintenance or operation of the institution in which the inmates are confined. In no event may compensation for such injuries be paid in an amount greater than that provided in chapter 81 of title 5.”; and (3) by adding at the end the following: “(f) Funds available to the corporation may be used for the lease, purchase, other acquisition, repair, alteration, erection, or maintenance of facilities only to the extent such facilities are necessary for the industrial operations of the corporation under this chapter. Such funds may not be used for the construction or acquisition of penal or correctional institutions, including camps described in section 4125.”. SEC. 7095. REPORTS TO CONGRESS. Section 4127 of title 18, United States Code, is amended to read as follows: “The board of directors of Federal Prison Industries shall submit an annual report to the Congress on the conduct of the business of the corporation during each fiscal year, and on the condition of its funds during such fiscal year. Such report shall include a statement of the amount of obligations issued under section 4129(a)(1) during such fiscal year, and an estimate of the amount of obligations that will be so issued in the following fiscal year.”. SEC. 7096. GUIDELINES AND PUBLIC COMMENT ON NEW OR EXPANDED PRODUCTION BY FEDERAL PRISON INDUSTRIES. Section 4122(b) of title 18, United States Code, is amended— (1) by inserting “(1)” after “(b)”; (2) by striking out “all physically fit inmates in the United States penal and correctional institutions” and inserting in lieu thereof “the greatest number of those inmates in the United States penal and correctional institutions who are eligible to work as is reasonably possible”; and (3) by adding at the end thereof the following: “(2) Federal Prison Industries shall conduct its operations so as to Employment and unemployment. produce products on an economic basis, but shall avoid capturing more than a reasonable share of the market among Federal departments, agencies, and institutions for any specific product. Federal Prison Industries shall concentrate on providing to the Federal Government only those products which permit employment of the greatest number of those inmates who are eligible to work as is reasonably possible. “(3) Federal Prison Industries shall diversify its products so that its sales are distributed among its industries as broadly as possible. “(4) Any decision by Federal Prison Industries to produce a new product or to significantly expand the production of an existing product shall be made by the board of directors of the corporation. Before the board of directors makes a final decision, the corporation shall do the following: “(A) The corporation shall prepare a detailed written analysis of the probable impact on industry and free labor of the plans for new production or expanded production. In such written analysis the corporation shall, at a minimum, identify and consider— “(i) the number of vendors currently meeting the requirements of the Federal Government for the product; “(ii) the proportion of the Federal Government market for the product currently served by small businesses, small disadvantaged businesses, or businesses operating in labor surplus areas; “(iii) the size of the Federal Government and non-Federal Government markets for the product; “(iv) the projected growth in the Federal Government demand for the product; and “(v) the projected ability of the Federal Government market to sustain both Federal Prison Industries and private vendors. “(B) The corporation shall announce in a publication designed to most effectively provide notice to potentially affected private vendors the plans to produce any new product or to significantly expand production of an existing product. The announcement shall also indicate that the analysis prepared under subparagraph (A) is available through the corporation and shall invite comments from private industry regarding the new production or expanded production. “(C) The corporation shall directly advise those affected trade associations that the corporation can reasonably identify the plans for new production or expanded production, and the corporation shall invite such trade associations to submit comments on those plans. “(D) The corporation shall provide to the board of directors— “(i) the analysis prepared under subparagraph (A) on the proposal to produce a new product or to significantly expand the production of an existing product, “(ii) comments submitted to the corporation on the proposal, and “(iii) the corporation’s recommendations for action on the proposal in light of such comments. In addition, the board of directors, before making a final decision under this paragraph on a proposal, shall, upon the request of an established trade association or other interested representatives of private industry, provide a reasonable opportunity to such trade association or other representatives to present comments directly to the board of directors on the proposal. “(5) Federal Prison Industries shall publish in the manner specified in paragraph (4)(B) the final decision of the board with respect to the production of a new product or the significant expansion of the production of an existing product. “(6) Federal Prison Industries shall publish, after the end of each 6-month period, a list of sales by the corporation for that 6-month period. Such list shall be made available to all interested parties.”. Subtitle C— Sentencing Amendments SEC. 7101. PRISONERS TRANSFERRED TO THE UNITED STATES. (a) Prisoners Transferred to the United States.— Chapter 306 of title 18, United States Code, is amended by inserting after section 4106 the following: “§ 4106A. Transfer of offenders on parole; parole offenders transferred “(a) Upon the receipt of an offender who is on parole from the authorities of a foreign country, the Attorney General shall assign the offender to the United States Parole Commission for supervision. “(b) (1) (A) The United States Parole Commission shall, without unnecessary delay, determine a release date and a period and conditions of supervised release for an offender transferred to the United States to serve a sentence of imprisonment, as though the offender were convicted in a United States district court of a similar offense. “(B) In making such determination, the United States Parole Commission shall consider— “(i) any recommendation of the United States Probation Service, including any recommendation as to the applicable guideline range; and “(ii) any documents provided by the transferring country; relating to that offender. “(C) The combined periods of imprisonment and supervised release that result from such determination shall not exceed the term of imprisonment imposed by the foreign court on that offender “(D) The duties conferred on a United States probation officer with respect to a defendant by section 3552 of this title shall, with respect to an offender so transferred, be carried out by the United States Probation Service. “(2) (A) A determination by the United States Parole Commission under this subsection may be appealed to the United States court of appeals for the circuit in which the offender is imprisoned at the time of the determination of such Commission. Notice of appeal must be filed not later than 45 days after receipt of notice of such determination. “(B) The court of appeals shall decide and dispose of the appeal in accordance with section 3742 of this title as though the determination appealed had been a sentence imposed by a United States district court. “(3) During the supervised release of an offender under this subsection, the United States district court for the district in which the offender resides shall supervise the offender. “(c) This section shall apply only to offenses committed on or after November 1, 1987.”. (b) Technical Amendment.— Section 4108(a) of title 18, United States Code, is amended by striking out “including any term of imprisonment” and all that follows through “28 U.S.C. 994(a)(1),”. (c) Clerical Amendment.— The table of sections at the beginning of chapter 306 of title 18, United States Code, is amended by inserting after the item relating to section 4106 the following: “4106A. Transfer of offenders on parole; parole of offenders transferred.”. (d) Appointment of Guardians ad Litem and Provision of Counsel.— Section 4109 of title 18, United States Code, is amended— (1) by inserting “(a)” before “In proceedings”; and (2) by adding at the end the following: “(b) Guardians ad litem appointed by the verifying officer under section 4100 of this title to represent offenders who are financially unable to provide for compensation and travel expenses of the guardian ad litem shall be compensated and reimbursed under subsection (a)(1) of this section, “(c) The offender shall have the right to advice of counsel in proceedings before the United States Parole Commission under section 4106A of this title and in an appeal from a determination of such Commission under such section. If the offender is financially unable to obtain counsel, counsel for such proceedings and appeal shall be appointed under section 3006A of this title.”. (e) Consent to Transfer by Guardians for Incompetents; Appointment of Guardian Independent of Appointment of Counsel.— Section 4100(b) of title 18, United States Code, is amended— (1) in the last sentence, by— (A) inserting “, or is deemed by the verifying officer to be mentally incompetent or otherwise incapable of knowingly and voluntarily consenting to the transfer,” after “under eighteen years of age”; and (B) inserting “, guardian ad litem,” after “guardian”; and (2) by adding at the end the following: “The appointment of a guardian ad litem shall be independent of the appointment of counsel under section 4109 of this title.”. (f) Conforming Amendments and Compensation Maxima Relating to Provision of Counsel.— (1) Section 3006A(a)(1) of title 18, United States Code, is amended— (A) by striking “or” at the end of subparagraph (H); (B) by striking the period at the end of subparagraph (I) and inserting “; or”; and (C) by adding at the end the following: “(J) is entitled to the appointment of counsel under section 4109 of this title.”. (2) Section 3006A(d)(2) of title 18, United States Code, is amended by inserting after the second sentence the following: “For representation of an offender before the United States Parole Commission in a proceeding under section 4106A of this title, the compensation shall not exceed $750 for each attorney in each proceeding; for representation of an offender in an appeal from a determination of such Commission under such section, the compensation shall not exceed $2,500 for each attorney in each court.” SEC. 7102. RECORDS OTHER THAN TRANSCRIPTS. Section 3553(c) of title 18, United States Code, is amended by— (1) inserting after “transcription” the following: “or other appropriate public record”; and (2) striking “clerk of the” in the last sentence. SEC. 7103. STANDARD OF REVIEW. (a) Title 18 Amendment.— Section 3742 of title 18, United States Code, is amended— (1) in subsections (a)(2) and (b)(2), by striking “issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)”; (2) by striking paragraph (3) of subsection (a) and inserting the following: “(3) is greater than the sentence specified in the applicable guideline range to the extent that the sentence includes a greater fine or term of imprisonment, probation, or supervised release than the maximum established in the guideline range, or includes a more limiting condition of probation or supervised release under section 3563(b)(6) or (b)(11) than the maximum established in the guideline range; or”; (3) by striking paragraph (3) of subsection (b) and inserting the following: “(3) is less than the sentence specified in the applicable guideline range to the extent that the sentence includes a lesser fine or term of imprisonment, probation, or supervised release than the minimum established in the guideline range, or includes a less limiting condition of probation or supervised release under section 3563(b)(6) or (b)(11) than the minimum established in the guideline range; or”; (4) by striking paragraph (4) of subsection (a) and inserting the following: “(4) was imposed for an offense for which there is no sentencing guideline and is plainly unreasonable.”; (5) in subsection (b)— (A) by striking paragraph (4) through the end and inserting the following: “(4) was imposed for an offense for which there is no sentencing guideline and is plainly unreasonable.”; and (B) by inserting after “The Government” the following: “, with the personal approval of the Attorney General or the Solicitor General,”; (6) in subsections (d)(3) and (e)(2), by striking “range of the applicable sentencing guideline” and inserting “applicable guideline range”; (7) in the second sentence of subsection (d), by inserting “and shall give due deference to the district court’s application of the guidelines to the facts” after “clearly erroneous”; (8) by inserting a new subsection (c), as follows, and by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g), respectively: “(c) Plea Agreements.— In the case of a plea agreement that includes a specific sentence under rule 11(e)(1)(C) of the Federal Rules of Criminal Procedure— “(1) a defendant may not file a notice of appeal under paragraph (3) or (4) of subsection (a) unless the sentence imposed is greater than the sentence set forth in such agreement; and “(2) the Government may not file a notice of appeal under paragraph (3) or (4) of subsection (b) unless the sentence imposed is less than the sentence set forth in such agreement.”; and (9) by adding at the end of the section the following new subsection: “(h) Guideline Not Expressed as a Range.— For the purpose of this section, the term ‘guideline range’ includes a guideline range having the same upper and lower limits.”. (b) Title 28 Amendment.— Section 994(a)(1) of title 28, United States Code, is amended— (1) in subparagraph (C), by striking out “term; and” and inserting “term;”; (2) in subparagraph (D), by inserting “and” after “consecutively;”; and (3) by adding at the end thereof the following: “(E) a determination under paragraphs (6) and (11) of section 3563(b) of title 18;”. SEC. 7104. HIRING OUTSIDE COUNSEL. Section 995(a) of title 28, United States Code, is amended by— (1) striking “and” at the end of paragraph (21); (2) striking the period at the end of paragraph (22) and inserting “; and”; and (3) adding at the end thereof the following: “(23) retain private attorneys to provide legal advice to the Commission in the conduct of its work, or to appear for or represent the Commission in any case in which the Commission is authorized by law to represent itself, or in which the Commission is representing itself with the consent of the Department of Justice; and the Commission may in its discretion pay reasonable attorney’s fees to private attorneys employed by it out of its appropriated funds. When serving as officers or employees of the United States, such private attorneys shall be considered special government employees as defined in section 202(a) of title 18; and”. SEC. 7105. POWERS OF THE COMMISSION. Section 995(a)(2) of title 28, United States Code, is amended by striking “grade 18 of the General Schedule pay rates (5 U.S.C. 5332)” and inserting “Level 6 of the Senior Executive Service Schedule (5 U.S.C. 5382)”. SEC. 7106. GRANTING INCENTIVE AWARDS. (a) Defined as Agency.— Section 4501(1) of title 5, United States Code, is amended by— (1) striking “and” at the end of subparagraph (F); (2) adding “and” at the end of subparagraph (G); and (3) adding at the end thereof the following: “(H) the United States Sentencing Commission;”. (b) Powers of Commission.— Section 995(a) of title 28, United States Code, is amended by adding at the end thereof the following. “(24) grant incentive awards to its employees pursuant to chapter 45 of title 5, United States Code.”. (c) Incentive Awards.— Section 996(b) of title 28, United States Code, is amended by inserting before “81”, the following: “45 (Incentive Awards),”. SEC. 7107. TECHNICAL CORRECTION. Section 3582(c) of title 18, United States Code, is amended by striking “28 U.S.C. 994(n)” and inserting “28 U.S.C. 994(o)”. SEC. 7108. PROTECTION OF PUBLIC. (a) Conditions.— Section 3583(d) of title 18, United States Code, is amended— (1) in paragraph (1) by inserting “(a)(2)(C),” after “(a)(2)(B),”, and (2) in paragraph (2) by inserting “(a)(2)(C),” after “(a)(2)(B),” (b) Modification or Revocation.— Section 3583(e) of title 18, United States Code, is amended— (1) by inserting “(a)(2)(C),” after “(a)(2)(B),”; (2) in paragraph (2), by inserting “or” after “supervision;”; (3) by striking out paragraph (3); and (4) by redesignating paragraph (4) as paragraph (3). SEC. 7109. AUTHORITY TO AMEND GUIDELINES. Subsection (p) of section 994 of title 28, United States Code, is amended to read as follows: “(p) The Commission, at or after the beginning of a regular session of Congress, but not later than the first day of May, may promulgate under subsection (a) of this section and submit to Congress amendments to the guidelines and modifications to previously submitted amendments that have not taken effect, including modifications to the effective dates of such amendments. Such an amendment or modification shall be accompanied by a statement of the reasons therefor and shall take effect on a date specified by the Commission, which shall be no earlier than 180 days after being so submitted and no later than the first day of November of the calendar year in which the amendment or modification is submitted, except to the extent that the effective date is revised or the amendment is otherwise modified or disapproved by Act of Congress.”. SEC. 7110. CLARIFICATION OF RESTITUTION PROVISION. Sec. 3563(b)(3) of title 18, United States Code, is amended by striking “3556” and inserting “3663 and 3664 (but not subject to the limitations of 3663(a))”. SEC. 7111. AMENDMENT TO RULE 4, RULES OF APPELLATE PROCEDURE. Rule 4(b) of the Rules of Appellate Procedure is amended— 28 USC app. (1) in the first sentence, by inserting “(i)” after “entry of”, and inserting “or (ii) a notice of appeal by the Government” at the end; and (2) in the sentence beginning “When an appeal by the government is authorized”, by inserting “(i)” after “entry of”, and inserting “or (ii) a notice of appeal by any defendant” at the end. Subtitle D— Victim Compensation and Assistance SEC. 7121. VICTIMS OF CRIME ACT OF 1984 REAUTHORIZATION. (a) In General.— Subsection (c) of section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601(c)) is amended to read as follows: “(c) (1) (A) If the total deposited in the Fund during a particular fiscal year reaches the ceiling sum described in subparagraph (B), the excess over the ceiling sum shall not be part of the Fund. The first $2,200,000 of such excess shall be available to the judicial branch for administrative costs to carry out the functions of the judicial branch under sections 3611 and 3612 of title 18, United States Code, and the remaining excess shall be deposited in the general fund of the Treasury. “(B) The ceiling sum referred to in subparagraph (A) is— “(i) $125,000,000 through fiscal year 1991; and “(ii) $150,000,000 thereafter through fiscal year 1994. “(2) No deposits shall be made in the Fund after September 30, 1994.”. (b) Use of Sums in Excess of Prior Cap.— (1) Section 1402(d)(2) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(2)) is amended by adding at the end the following: “(D) Any deposits in the Fund in a particular fiscal year in excess of $110,000,000 shall be available as follows: “(i) 47.5 percent shall be available for grants under section 1403; “(ii) 47.5 percent shall be available for grants under section 1404(a); and “(iii) 5 percent shall be available for grants under section 1404(c)(1)(B).”. (2) Section 1402(d)(2)(C) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(2)(C)) is amended by inserting “, but not in excess of $110,000,000,” after “$105,500,000”. SEC. 7122. VICTIMS ASSISTANCE AMENDMENT. Section 1404(a)(2) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(a)(2)) is amended— (1) by inserting after subparagraph (A) the following: “(B) certify that funds shall be made available for grants to programs which serve previously underserved populations of victims of violent crime. The Director, after consultation with State and local officials and representatives from private organizations, shall issue guidelines to implement this section that provide flexibility to the States in determining the populations of victims of violent crimes that may be underserved in their respective States;”; and (2) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D) accordingly. SEC. 7123. ESTABLISHMENT OF OFFICE FOR VICTIMS OF CRIME. (a) In General.— The Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amended by adding at the end the following: “Sec. 1411. “establishment of office for victims of crime (a) There is established within the Department of Justice an Office for Victims of Crime (hereinafter in this chapter referred to as the ‘Office’). “(b) The Office shall be headed by a Director (referred to in this chapter as the ‘Director’), who shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall report to the Attorney General through the Assistant Attorney General for the Office of Justice Programs and shall have final authority for all grants, cooperative agreements, and contracts awarded by the Office. The Director shall not engage in any employment other than that of serving as the Director, nor shall the Director hold any office in, or act in any capacity for, any organization, agency, or institution with which the Office makes any contract or other agreement under this part. “(c) The Director shall have the following duties: “(1) Administering funds made available by section 1402. “(2) Providing funds to eligible States pursuant to sections 1403 and 1404. “(3) Establishing programs in accordance with section 1404(c) on terms and conditions determined by the Director to be consistent with that subsection. “(4) Cooperating with and providing technical assistance to States, units of local government, and other public and private organizations or international agencies involved in activities related to crime victims. “(5) Such other functions as the Attorney General may delegate.”. (b) Conforming Amendments.— (1) Section 1403(a)(1) of the Victims of Crime Act of 1984 (42 U.S.C. 10602) is amended by striking “Attorney General” and inserting “Director”. (2) Section 1403(a)(2) of the Victims of Crime Act of 1984 (42 U.S.C. 10602) is amended by striking “Attorney General” and inserting “Director”. (3) Section 1403(b)(6) of the Victims of Crime Act of 1984 (42 U.S.C. 10602) is amended by striking “Attorney General” and inserting “Director”. (4) Section 1404(a)(1) of the Victims of Crime Act of 1984 (42 U.S.C. 10603) is amended by striking “Attorney General” and inserting “Director”. (5) Section 1404(a)(2)(C) of the Victims of Crime Act of 1984 (42 U.S.C. 10603) is amended by striking “Attorney General” and inserting “Director”. (6) Section 1404(c)(1) of the Victims of Crime Act of 1984 (42 U.S.C. 10603) is amended by striking “Attorney General, acting through the Assistant Attorney General for the Office of Justice Programs” and inserting “Director”. (7) Section 1404(c)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 10603) is amended by striking “Assistant Attorney General for the Office of Justice Programs” and inserting “Director”. (8) Section 1404(c)(3)(D) of the Victims of Crime Act of 1984 (42 U.S.C. 10603) is amended by striking “Attorney General may assign” and inserting “Director deems appropriate”. (9) Section 1404(c)(4) of the Victims of Crime Act of 1984 (42 U.S.C. 10603) is amended by striking “Attorney General” and inserting “Director”. (10) Section 1407(a) of the Victims of Crime Act of 1984 (42 U.S.C. 10604) is amended by— (A) striking “Attorney General” each place it appears and inserting “Director”; and (B) striking “and may delegate to any officer or employee of the Department of Justice any such function as the Attorney General deems appropriate”. (11) Section 1407(b) of the Victims of Crime Act of 1984 (42 U.S.C. 10604) is amended by striking “Attorney General” and inserting “Director”. (12) Section 1407(c) of the Victims of Crime Act of 1984 (42 U.S.C. 10604) is amended by striking “Attorney General or any duly authorized representative of the Attorney General” and inserting “Director”. (13) Section 1407(f) of the Victims of Crime Act of 1984 (42 U.S.C. 10604) is amended by striking “Attorney General” each place it appears and inserting “Director”. (14) Section 1407(g) of the Victims of Crime Act of 1984 (42 U.S.C. 10604) is amended by— (A) striking “Attorney General” each place it appears and inserting “Director”; and (B) striking “no later than December 31, 1987” and inserting “on December 31, 1990, and on December 31 every 2 years thereafter”. SEC. 7124. GRANTS FOR INDIAN COUNTRY. Section 1402 of the Victims of Crime Act of 1984 is amended by adding at the end the following: “(g) (1) The Attorney General, acting through the Director, shall use 15 percent of the funds available under subsection (d)(2)(A)(iv) to make grants for the purpose of assisting Native American Indian tribes in developing, establishing, and operating programs designed to improve— “(A) the handling of child abuse cases, particularly cases of child sexual abuse, in a manner which limits additional trauma to the child victim; and “(B) the investigation and prosecution of cases of child abuse, particularly child sexual abuse.”. “(2) As used in this subsection, the term “tribe” has the meaning given that term in section 4(b) of the Indian Self-Determination and Education Assistance Act.”. SEC. 7125. OTHER AMENDMENTS TO VICTIMS OF CRIME ACT OF 1984. (a) New Criteria.— Section 1403(b) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(b)) is amended— (1) by inserting after paragraph (5) the following: “(6) such program provides compensation to residents of the State who are victims of crimes occurring outside the State if— “(A) the crimes would be compensable crimes had they occurred inside that State; and “(B) the places the crimes occurred in are States not having eligible crime victim compensation programs; “(7) such program does not, except pursuant to rules issued by the program to prevent unjust enrichment of the offender, deny compensation to any victim because of that victim’s familial relationship to the offender, or because of the sharing of a residence by the victim and the offender; and”; and (2) by redesignating paragraph (6) as paragraph (8). (b) Increase of State Annual Grant Amount.— Section 1403(a) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(a)) is amended by striking out “35 percent” each place it appears and inserting “40 percent” in lieu thereof. (c) Adding Victims of Drunk Driving and Domestic Violence.— (1) Paragraph (1) of section 1403(b) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(b)(1)) is amended to read as follows: “(1) such program is operated by a State and offers compensation to victims and survivors of victims of criminal violence, including drunk driving and domestic violence;”. (2) Section 1403(d)(3) of the Victims of Crime Act (42 U.S.C. 10602(d)(3)) is amended by inserting “, and includes driving while intoxicated and domestic violence” after “program”. (d) Change in Victim Compensation Criteria.— Section 1403(b)(5) (42 U.S.C. 10602(b)(5)) of the Victims of Crime Act of 1984 is amended to read as follows: “(5) such program provides compensation to victims of Federal crimes occurring within the State on the same basis that such program provides compensation to victims of State crimes;”. (e) Removal Of Obsolete Provision.— Section 1403 of the Victims of Crime Act of 1984 (42 U.S.C. 10602) is amended by striking subsection (c). SEC. 7126. TREATMENT OF EYEGLASSES. (a) Not To Be Considered Property.— Section 1403(d)(1) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(d)(1)) is amended by inserting “, eyeglasses or other corrective lenses,” after “prosthetic devices”. (b) To Be Included in Medical Expenses.— Section 1403(d)(2) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(d)(2)) is amended— (1) by inserting “eyeglasses and other corrective lenses, for” after “crime victim compensation program, expenses for”; and (2) by inserting a comma after “prosthetic devices”. SEC. 7127. INCLUSION OF VIRGIN ISLANDS AS STATE FOR ALL PURPOSES OF ACT. Section 1404(d)(1) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(d)(1)) is amended by inserting “the United States Virgin Islands,” after “the Commonwealth of Puerto Rico,”. SEC. 7128. ALLOCATION TO STATES. (a) In General.— (1) Section 1404(a)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(a)(3)) is amended by striking out “$100,000” and inserting “the base amount” in lieu thereof. (b) Conforming Amendment.— Section 1404(a)(4) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(a)(4)) is amended by striking out “$100,000” and inserting “the base amount” in lieu thereof. (c) Definition.— Section 1404(a) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(a)) is amended by adding at the end the following: “(5) As used in this subsection, the term “base amount” means— “(A) $150,000 for fiscal years 1989 through 1991; and “(B) $200,000 thereafter through fiscal year 1994.”. SEC. 7129. TRANSITION RULE. The amendments made by this chapter shall not apply with respect to a State compensation program that was an eligible State crime victim compensation program on the date of the enactment of this Act until October 1, 1990. SEC. 7130. RETROACTIVE TRANSFER TO FUND. An amount equivalent to those sums which would have been placed in the Fund under section 1402(b)) of the Victims of Crime Act, but for the effect of section 1402(c)(2) of such Act, is hereby transferred to the Fund from any sums not appropriated from the general treasury. Subtitle E— Federal Aviation Administration Drug Enforcement Assistance SEC. 7201. SHORT TITLE. This subtitle may be cited as the “Federal Aviation Administration Drug Enforcement Assistance Act of 1988”. SEC. 7202. FINDINGS AND POLICY. (a) Findings.— Congress makes the following findings: (1) Illegal drug consumption and the trafficking in illegal drugs is a major problem in the United States. (2) The smuggling of drugs into the United States through the use of general aviation aircraft is a major contributing factor in the illegal drug crisis facing our Nation. (3) The Federal Government has a significant role in combatting such drug crisis. (4) The Federal Aviation Administration has played an important role in assisting law enforcement agencies in certain aspects of drug interdiction and enforcement activities. (5) The current systems of registering aircraft, certificating pilots, and processing major aircraft repair and alteration forms and enforcement of the requirements associated with such systems need to be improved in order to more effectively contribute to drug interdiction and enforcement efforts. (6) Improving such systems and enforcement of such requirements will require providing the Federal Aviation Administration with additional funding and other resources. (7) Improved systems of registering aircraft, certificating pilots, and processing major aircraft repair and alteration forms and increased enforcement of requirements associated with such systems will benefit all users of such systems (including law enforcement officials) and the general public. (b) Policy.— Section 103 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1303) is amended by redesignating paragraphs (a), (b), (c), (d), and (e) (and any references thereto) as paragraphs (1), (2), (3), (4), and (5), respectively, by striking out the semicolons at the end of each of paragraphs (1), (2), (3), and (4) (as so redesignated) and inserting in lieu thereof a period, and by adding at the end thereof the following new paragraph: “(6) The provision of assistance to law enforcement agencies in the enforcement of laws relating to the regulation of controlled substances, to the extent consistent with aviation safety.”. SEC. 7203. AIRCRAFT REGISTRATION SYSTEM. (a) Modification Authority.— Section 501 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1401) is amended by adding at the end thereof the following new subsection: “(h) Modification of System.— The Administrator is authorized and directed to make such modifications in the system established under this title for registration and recordation of aircraft as may be necessary to make such system more effective in serving the needs of buyers and sellers of aircraft, officials responsible for enforcement of laws relating to the regulation of controlled substances (as defined in section 102 of the Controlled Substances Act), and other users of such system. Such modifications may include a system of titling aircraft or of registering all aircraft whether or not operated, shall assure positive, verifiable, and timely identification of the true owner, and shall address, at a minimum, each of the following deficiencies in and abuses of the existing system: “(1) The registration of aircraft to fictitious persons. “(2) The use of false or nonexistent addresses by persons registering aircraft. “(3) The use by a person registering an aircraft of a post office box or ‘mail drop’ as a return address for the purpose of evading identification of such person’s address. “(4) The registration of aircraft to corporations and other entities established to facilitate unlawful activities. “(5) The submission of names of individuals on applications for registration of aircraft which are not identifiable. “(6) The ability to make frequent legal changes in the registration markings which are assigned to aircraft. “(7) The use of false registration markings on aircraft. “(8) The illegal use of ‘reserved’ registration markings on aircraft. “(9) The large number of aircraft which are classified as being in ‘self-reporteid status’. “(10) The lack of a system to assure timely and adequate notice of the transfer of ownership of aircraft. “(11) The practice of allowing temporary operation and navigation of aircraft without issuance of a certificate of registration under this section.”. (b) Conforming Amendment to Table of Contents.— That portion of the table of contents contained in section 1 of such Act relating to section 501 of such Act is amended by adding at the end thereof the following: “(h) Modification of system.”. SEC. 7204. REVOCATION OF AIRMAN CERTIFICATES. (a) Limitation on Reissuance of Revoked Certificates.— Section 602(b) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1422(b)) is amended by striking out subparagraphs (A) and (B) of paragraph (2) and inserting in lieu thereof the following: “(2) Limitation on reissuance of revoked certificates.— “(A) General rule.— Except as provided in subparagraphs (B) and (C), the Administrator shall not issue an airman certificate to any person whose airman certificate has been revoked under section 609(c). “(B) Special rule for law enforcement purposes.— The Administrator may issue an airman certificate to any person whose airman certificate has been revoked under section 609(c) if the Administrator determines that issuance of such certificate will facilitate law enforcement efforts.”. (b) Waiver of Revocation Requirement.— Section 609(c) of such Act (49 U.S.C. 1429(c)) is amended by adding at the end thereof the 49 USC app. 1429. following new paragraph: “(5) Waiver of revocation requirement.— Upon request of a Federal or State law enforcement official, the Administrator may waive the requirements of paragraphs (1) and (2) that an airman certificate of any person be revoked if the Administrator determines that such waiver will facilitate law enforcement efforts.”. SEC. 7205. MODIFICATION OF SYSTEM FOR ISSUING AIRMAN’S CERTIFICATES TO PILOTS. (a) Modification Authority.— Section 602 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1422) is amended by adding at the end thereof the following new subsection: “(d) Modification of System.— The Administrator is authorized and directed to make such modifications in the system established under this title for issuance of airman’s certificates to pilots as may be necessary to make such system more effective in serving the needs of pilots and officials responsible for enforcement of laws relating to the regulation of controlled substances (as defined in Fraud. section 102 of the Controlled Substances Act). Such modifications shall assure positive and verifiable identification of each person applying for or holding such a certificate and shall address, at a minimum, each of the following deficiencies in and abuses of the existing system: “(1) The use of fictitious names and addresses by applicants for such certificates. “(2) The use of stolen or fraudulent identification in applying for such certificates. “(3) The use by a person applying for such a certificate of a post office box or ‘mail drop’ as a return address for the purpose of evading identification of such person’s address. “(4) The use of counterfeit and stolen airman’s certificates by pilots. “(5) The absence of information concerning physical characteristics of holders of such certificates.”. (b) Conforming Amendment to Table of Contents.— That portion of the table of contents contained in section 1 of such Act relating to section 602 of such Act is amended by adding at the end thereof the following: “(d) Modification of system.”. SEC. 7206. MODIFICATION OF SYSTEM FOR PROCESSING FORMS FOR ALTERATIONS OF FUEL SYSTEMS. (a) Modification Authority.— Section 605 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1425) is amended by adding at the end thereof the following new subsection: “(c) Modification of System.— The Administrator is authorized and directed to make such modifications in the system established under this title for processing forms for major repairs or alterations of fuel tanks and fuel systems of aircraft as may be necessary to make such system more effective in serving the needs of users of such system, including officials responsible for enforcement of laws relating to the regulation of controlled substances (as defined in section 102 of the Controlled Substances Act). Such modifications shall address, at a minimum, each of the following deficiencies in and abuses of the existing system: “(1) The lack of a special identification feature to permit such forms to be easily distinguished from other major repair and alteration forms. “(2) The excessive amount of time required for receiving such forms at the Airmen and Aircraft Registry of the Federal Aviation Administration. “(3) The backlog of such forms which are awaiting processing at the Airmen and Aircraft Registry. “(4) The lack of ready access by law enforcement officials to information contained on such forms.”. (b) Conforming Amendment to Table of Contents.— That portion of the table of contents contained in section 1 of such Act relating to section 605 of such Act is amended by adding at the end thereof the following: “(c) Modification of system.”. SEC. 7207. REGISTRATION, CERTIFICATION, AND FUEL SYSTEM ALTERATION REGULATIONS. (a) Rulemaking.— Not later than 10 months after the date of the 49 USC 1401 note. enactment of this subtitle, the Administrator shall issue final regulations for carrying out the objectives of sections 501(h), 602(d), and 605(c) of the Federal Aviation Act of 1958 and provide a written explanation of how such regulations address each of the deficiencies and abuses required to be addressed by such sections. Such regulations shall include, but not limited to, a requirement that each individual listed in an application for registration of an aircraft provide, together with such application, his or her driver’s license number and each person (other than an individual) listed in such an application provide, together with such application, its Federal tax identification number. (b) Consultation Requirement.— In issuing regulations in accordance with this section, the Administrator shall consult the Drug Enforcement Administration of the Department of Justice, the United States Customs Service, other Federal law enforcement officials, representatives of State and local law enforcement officials, representatives of the general aviation aircraft industry, representatives of users of general aviation aircraft, and other interested persons. (c) Fees.— (1) General Rules.— Section 313 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1354) is amended by adding at the end thereof the following new subsection: “(f) Processing Fees.— “(1) Establishment and collection.— The Administrator may establish and collect such fees as may be necessary to cover the costs associated with issuance of certificates of registration of aircraft, issuance of airman certificates to pilots, and processing of forms for major repairs and alterations of fuel tanks and fuel systems of aircraft. “(2) Maximum fee schedule.— The amount of any fee which may be collected under this subsection— “(A) with respect to issuance of an airman’s certificate to a pilot may not exceed $12; “(B) with respect to registration of an aircraft after transfer of ownership may not exceed $25; “(C) with respect to renewal of an aircraft registration may not exceed $15; and “(D) with respect to processing of a form for a major repair or alteration of a fuel tank or fuel system of an aircraft may not exceed $7.50. The amounts established by this paragraph shall be adjusted by the Administrator for changes in the Consumer Price Index of All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. “(3) Limitation.— No fee may be collected under this subsection before the date on which the final regulations referred to in section 7207(a) of the Federal Aviation Administration Drug Enforcement Assistance Act of 1988 take effect. “(4) Credit to account; availability.— The amount of fees collected under this subsection shall be credited to the account in the United States Treasury from which expenses were incurred by the Administrator for carrying out titles V and VI of this Act and shall be available to the Administrator for paying expenses for which such fees are collected.”. (2) Conforming amendment to table of contents.— That portion of the table of contents contained in section 1 of such Act relating to section 313 is amended by adding at the end thereof the following: “(f) Processing fees.”. (3) Conforming amendment to section 334 of title 49.— The first sentence of section 334 of title 49, United States Code, is amended by striking out “only when” and all that follows through the period and inserting in lieu thereof the following: “only when— “(1) the charge— “(A) was in effect on January 1, 1973, and “(B) is not more than the charge that was in effect on such date, adjusted in proportion to changes in the Consumer Price Index of All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor between January 1, 1973, and the date the charge is imposed; or “(2) the charge is a fee established and collected in accordance with section 313(f) of the Federal Aviation Act of 1958.”. (4) GAO audit.— During the 5-year period beginning after the date on which fees are first collected under section 313(f) of the Federal Aviation Act of 1958, the Comptroller General shall conduct an annual audit of the collection and use of such fees for the purpose of ensuring that such fees do not exceed the costs for which they are collected and submit to Congress a report on the results of such audit. (d) Report.— Not later than 180 days after the date of the enactment of this subtitle and annually thereafter during the 5-year period beginning on such 180th day, the Administrator shall prepare and transmit to Congress a report on the following: (1) The status of the rulemaking process, issuance of regulations, and implementation of regulations in accordance with this section. (2) The progress being made in reducing the number of aircraft classified by the Federal Aviation Administration as being in “sale-reported status”. (3) The progress being made in expediting the filing and processing of forms for major repairs and alterations of fuel tanks and fuel systems of aircraft. (4) The status of establishing and collecting fees under section 313(f) of the Federal Aviation Act. (e) Definitions.— For purposes of this subtitle— (1) Administrator.— The term “Administrator” means the Administrator of the Federal Aviation Administration. (2) Aircraft.— The term “aircraft” has the meaning such term has under section 101 of the Federal Aviation Act of 1958. SEC. 7208. CIVIL PENALTIES. (a) Relating to Ownership and Registration.— Section 901(a)(1) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1471(a)(1)) is amended by inserting before the period at the end of the first sentence the following: “and for each such violation which relates to registration or recordation of an aircraft under title V”. (b) Administrative Assessment.— Section 901(a) of such Act (49 U.S.C. App. 1471(a)) is amended by adding at the end thereof the following new paragraph: “(3) Administrative assessment of certain registration and recordation violations.— “(A) General authority.— The Administrator, or his delegate, may assess a civil penalty for a violation of title V, or a rule, regulation, or order issued thereunder, which relates to registration or recordation of an aircraft upon written notice and finding of violation by the Administrator. “(B) No reexamination of liability or amount.— In the case of a civil penalty assessed by the Administrator under this paragraph, the issue of liability or amount of civil penalty shall not be reexamined in any subsequent suit for collection of such civil penalty. “(C) Continuing jurisdiction of district courts.— Notwithstanding subparagraph (A), the United States district courts shall have exclusive jurisdiction of any civil penalty action initiated by the Administrator— “(i) which involves an amount in controversy in excess of $50,000; “(ii) which is an in rem action or in which an in rem action based on the same violation has been brought; “(iii) regarding which an aircraft subject to lien has been seized by the United States; and “(iv) in which a suit for injunctive relief based on the violation giving rise to the civil penalty has also been brought. “(D) Limitations.— “(i) Hearing.— A civil penalty may be assessed by the Administrator under this paragraph only after notice and opportunity for a hearing on the record in accordance with section 554 of title 5, United States Code. “(ii) Violations.— This paragraph only applies to civil penalties initiated by the Administrator after the date of the enactment of this paragraph. “(iii) Maximum amount.— The maximum amount of a civil penalty which may be assessed by the Administrator under this paragraph in any case may not exceed $50,000.”. SEC. 7209. CRIMINAL PENALTIES. (a) In General.— Subsection (b) of section 902 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1472) is amended by redesignating paragraph (3) as paragraph (5) and by striking out the subsection heading and paragraphs (1) and (2) and inserting in lieu thereof the following: “(b) Forgery of Certificates, False Marking of Aircraft, and Other Aircraft Registration Violations.— “(1) Description of violations.— It shall be unlawful for any person— “(A) to knowingly and willfully forge, counterfeit, alter, or falsely make any certificate authorized to be issued under this Act, or to knowingly sell, use, attempt to use, or possess with the intent to use any such fraudulent certificate; “(B) to obtain any certificate authorized to be issued under this Act by knowingly and willfully falsifying, concealing, or covering up a material fact, or making a false, fictitious, or fraudulent statement or representation, or making or using any false writing or document knowing the writing or document to contain any false, fictitious, or fraudulent statement or entry; “(C) who is the owner of an aircraft eligible for registration under section 501, to knowingly and willfully operate, attempt to operate, or permit any other person to operate such aircraft if such aircraft is not registered under section 501 or the certificate of registration of such aircraft is suspended or revoked, or if such owner knows or has reason to know that such person does not have proper authorization to operate or navigate the aircraft without registration for a period of time after transfer of ownership; “(D) to knowingly and willfully operate or attempt to operate an aircraft eligible for registration under section 501 knowing that such aircraft is not registered under section 501, that the certificate of registration of such aircraft is suspended or revoked, or that such person does not have proper authorization to operate or navigate such aircraft without registration for a period of time after transfer of ownership; “(E) to knowingly and willfully serve, or attempt to serve, in any capacity as an airman without a valid airman certificate authorizing such person to serve in such capacity; “(F) to knowingly and willfully employ for service or utilize any airman who does not possess a valid airman certificate authorizing such person to serve in such capacity; “(G) to operate an aircraft with a fuel tank or fuel system which has been installed or modified on the aircraft knowing that such tank or system or the installation or modification of such tank or system is not in accordance with all applicable rules, regulations, and requirements of the Administrator; or “(H) to knowingly and willfully display or cause to be displayed on any aircraft any marks which are false or misleading as to the nationality or registration of the aircraft. “(2) Penalties.— Any person who commits a violation of paragraph (1) shall be, upon conviction, subject to— “(A) a fine of not more than $15,000 or imprisonment for a term of not more than 3 years, or both; or “(B) a fine of not more than $25,000 or imprisonment for a term of not more than 5 years, or both, if such violation was in connection with the act of transportation by aircraft of a controlled substance or of the aiding or facilitating of a controlled substance offense where such act is punishable by death or imprisonment for a term exceeding 1 year under a State or Federal law or is provided in connection with any act which is punishable by death or imprisonment for a term exceeding 1 year under a State or Federal law relating to a controlled substance (other than a law relating to simple possession of a controlled substance). Any term of imprisonment imposed under subparagraph (B) shall be in addition to, and shall not be served concurrently with, any other term of imprisonment imposed on such person. “(3) Seizure of aircraft.— “(A) By dea or customs.— An aircraft used in connection with, or in aiding or facilitating, a violation of paragraph (1) whether or not a person is charged in connection with such violation, may be seized and forfeited by the Drug Enforcement Administration of the Department of Justice or the United States Customs Service in accordance with the customs laws. “(B) Presumptions.— For purposes of subparagraph (A), an aircraft shall be presumed to have been used in connection with, or to aid or facilitate a violation of— “(i) paragraph (1)(B) if the aircraft is registered to a fictitious or false person; “(ii) paragraph (1)(B) if the application form used to obtain the aircraft registration certificate contains a material false statement; “(iii) paragraph (1)(A) if the registration for the aircraft has been forged, counterfeited, altered, or falsely made; “(iv) paragraph (1)(C) if the aircraft has been operated while it is not registered under section 501; “(v) paragraph (1)(H) if there is an external display of false or misleading registration numbers or false or misleading country of registration; “(vi) paragraph (1)(G) if there is on the aircraft a fuel tank or fuel system which has not been installed or modified in accordance with all applicable rules, regulations, and requirements of the Administrator; and “(vii) paragraph (1)(G) if, in the case of an aircraft on which a fuel tank or fuel system has been installed or modified, a certificate required to be issued by the Administrator for such installation or modification is not carried aboard the aircraft. “(C) Memorandum of understanding.— The Federal Aviation Administration, the Drug Enforcement Administration, and the United States Customs Service shall enter into a memorandum of understanding for the purpose of establishing procedures for carrying out the objectives of this paragraph. “(4) controlled substance defined.— For purposes of this section, the term ‘controlled substance’ has the meaning that such term has under section 102 of the Controlled Substances Act (21 U.S.C. 802).”. (b) Conforming Amendments.— (1) Section 902(b)(5).— Paragraph (5) of section 902(b) of such Act, as redesignated by subsection (a) of this section, is amended by inserting “Effect on state law.—” before “Nothing” and by aligning such paragraph with paragraph (2) of such subsection, as inserted by subsection (a) of this section. (2) Table of contents.— That portion of the table of contents contained in section 1 of such Act relating to section 902 is amended by striking out “(b) Forgery of certificates and false marking of aircraft.” and by inserting in lieu thereof “(b) Forgery of certificates, false marking of aircraft, and other aircraft registration violations.”. (c) Lighting Violations.— (1) In General.— Subsection (q) of section 902 of such Act (49 U.S.C. App. 1472) is amended— (A) by striking out the section heading and paragraph (1) and inserting in lieu thereof the following: “(q) Lighting Violations in Connection With Transportation of Controlled Substances.— “(1) Description of violation.— It shall be unlawful, in connection with an act described in paragraph (2) and with knowledge of such act, for any person to knowingly and willfully operate an aircraft in violation of any rule, regulation, or requirement issued by the Administrator with respect to the display of navigation or anticollision lights.”; and (B) by striking out paragraphs (4), (5), and (6). (2) Conforming Amendments.— (A) Section 902(q).— Section 902(q) of such Act is amended— (i) in paragraph (2) by inserting “Relationship to controlled substance offenses.—” before “The act”; (ii) in paragraph (3) by inserting “Penalty.—” before “A person”; and (iii) by aligning such paragraphs with paragraph (1) of such section, as amended by paragraph (1) of this subsection. (B) Table of contents.— That portion of the table of contents contained in section 1 of such Act relating to section 902 is amended by striking out “(q) Violations in connection with transportation of controlled substances.” and by inserting in lieu thereof “(q) Lighting violations in connection with transportation of controlled substances.”. SEC. 7210. INFORMATION COORDINATION. Not later than 180 days after the date of the enactment of this subtitle and annually thereafter during the 3-year period beginning on such 180th day, the Administrator shall prepare and transmit to Congress a report on the following: (1) The progress made in establishing a process for provision of informational assistance by such Administration to officials of Federal, State, and local law enforcement agencies. (2) The progress made in establishing a process for effectively pursuing suspensions and revocations of certificates of registration and airman certificates in accordance with the amend-ments made to the Federal Aviation Act of 1958 by the Aviation Drug-Trafficking Control Act, section 3401 of the Anti-Drug Abuse Act of 1986, and this subtitle. (3) The efforts of such Administration in assessing and defining the appropriate relationship of such Administration’s informational assistance resources (including the El Paso Intelligence Center and the Law Enforcement Assistance Unit of the Aeronautical Center of such Administration). (4) The progress made in issuing guidelines on (A) the reporting of aviation sensitive drug-related information, and (B) the development, in coordination with the Drug Enforcement Administration of the Department of Justice and the United States Customs Service, of training and educational policies to assist employees of such Administration to better understand (i) the trafficking of controlled substances (as defined in section 102 of the Controlled Substances Act), and (ii) the role of such Administration with respect to such trafficking. (5) The progress made in improving and expanding such Administration’s role in the El Paso Intelligence Center. SEC. 7211. FUNDING AND OTHER RESOURCES. (a) 5-Year Cost Report.— No later than 30 days after the date on which the final regulations referred to in section 7207(a) of this subtitle are issued, the Administrator shall prepare and transmit to Congress a report on the resources (including funding and positions) which will be necessary on an annual basis during the 5-year period beginning after such 30th day to implement the objectives of this subtitle (including the amendments made by this subtitle). (b) Applicability of Paperwork Reduction Act.— No information collection requests necessary to carry out the objectives of this subtitle (including the amendments made by this subtitle) shall be subject to or affect, directly or indirectly, the annual information collection budget goals established for the Federal Aviation Administration and the Department of Transportation under chapter 35 of title 44, United States Code. (c) Review of Certain Grade-Level Classifications.— (1) Applicability.— This subsection applies with respect to— (A) positions within the Airmen and Aircraft Registry of the Federal Aviation Administration; and (B) positions within the Law Enforcement Assistance Unit of the Aeronautical Center of the Federal Aviation Administration. (2) Review; remedy; report.— Not later than 120 days after the date of the enactment of this subtitle, the Office of Personnel Management shall— (A) in accordance with section 5110(a) of title 5, United States Code, review a sufficient number of positions under paragraphs (1)(A) and (1)(B), respectively, to determine whether positions under those respective paragraphs are being placed in appropriate classes and grades; (B) if the Office finds that positions have not been placed in appropriate classes and grades, and after consulting with appropriate officials of the Federal Aviation Administration, exercise any authority under section 5110(b) of title 5, United States Code, which may be necessary to ensure that those positions are placed in their appropriate classes and grades; and (C) transmit to Congress a report on the results of such review and any actions taken in accordance with subparagraph (B). SEC. 7212. USE OF TRANSPONDERS ON AIRCRAFT ENTERING THE UNITED STATES. (a) Study.— The Secretary of Transportation shall study the feasibility, costs, and benefits with respect to drug interdiction of requiring each aircraft entering the continental United States— (1) to have installed an operating transponder; (2) to have a flight plan filed with the Federal Aviation Administration before such entry; (3) to have the signal from such transponder identify, in the most efficient manner, such aircraft; and (4) to have the signal from such transponder which identifies such aircraft provide information which ensures that such aircraft is following its filed flight plan. (b) Report.— Not later than 180 days after the date of the enactment of this subtitle, the Secretary of Transportation shall transmit to Congress a report on the results of the study conducted under this section. SEC. 7213. ESTABLISHMENT OF FLIGHT CORRIDORS. (a) Study.— The Secretary of Transportation, in consultation with the Attorney General and the Secretary of the Treasury, shall study— (1) the feasibility of establishing flight corridors across the borders of the continental United States and intercepting any aircraft which deviate from such corridors; and (2) the impact of the establishment of such corridors on the safe and efficient movement of aircraft and on drug interdiction. (b) Report.— Not later than 180 days after the date of the enactment of this subtitle, the Secretary of Transportation shall transmit to Congress a report on the results of the study conducted under this section. SEC. 7214. LIMITATION ON APPLICABILITY. This subtitle (including any amendments made by this subtitle) shall only apply to aircraft which are not used to provide air transportation (as defined in section 101 of the Federal Aviation Act of 1958). Subtitle F— Juvenile Justice and Delinquency Prevention SEC. 7250. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.— This subtitle may be cited as the “Juvenile Justice and Delinquency Prevention Amendments of 1988”. (b) Table of Contents.— Sec. 7250. Short title; table of contents. Chapter 1— Amendments to the Juvenile Justice and Delinquency Prevention Act of 1974 Sec. 7251. Definitions. Sec. 7252. Establishment of Office of Juvenile Justice and Delinquency Prevention. Sec. 7253. Concentration of Federal efforts. Sec. 7254. Coordinating Council on Juvenile Justice and Delinquency Prevention. Sec. 7255. Annual reports. Sec. 7256. Authority to make grants. Sec. 7257. Allocation. Sec. 7258. State plans. Sec. 7259. National Institute for Juvenile Justice and Delinquency Prevention. Sec. 7260. Information function. Sec. 7261. Research, demonstration, and evaluation functions. Sec. 7262. Technical assistance and training functions. Sec. 7263. Technical and conforming amendments to parts B and C of title II. Sec. 7264. Special studies and reports. Sec. 7265. Authorization of appropriations. Sec. 7266. Technical amendments to part D of title II. Sec. 7267. Prevention and treatment programs relating to juvenile gangs. Chapter 2— Amendments to the Runaway and Homeless Youth Act Sec. 7271. Grants for runaway and homeless youth centers. Sec. 7272. Additional technical amendments. Sec. 7273. Authorization of transitional living projects. Sec. 7274. Reports. Sec. 7275. National communication system. Sec. 7276. Grants for technical assistance and training. Sec. 7277. Grants for research, demonstration, and service projects. Sec. 7278. Annual program priorities. Sec. 7279. Coordination with activities of certain Federal health agencies. Sec. 7280. Authorization of appropriations. Chapter 3— Amendments to the Missing Children’s Assistance Act Sec. 7285. Duties and functions of Administrator. Sec. 7286. Advisory board. Sec. 7287. Grants. Sec. 7288. Competition amendment. Sec. 7289. Authorization of appropriations. Sec. 7290. Additional technical and conforming amendments. Sec. 7291. Special study and report. Chapter 4— Miscellaneous Sec. 7295. Investigation and report by the Comptroller General. Sec. 7296. Effective date; application of amendments. Chapter 1— Amendments to the Juvenile Justice and Delinquency Prevention Act of 1974 SEC. 7251. DEFINITIONS. (a) Definition.— Section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603) is amended— (1) in paragraph (15) by striking “and” at the end, (2) in paragraph (16) by striking the period at the end and inserting a semicolon, and (3) by adding at the end the following: “(17) the term ‘Council’ means the Coordinating Council on Juvenile Justice and Delinquency Prevention established in section 206(a)(1); and “(18) the term ‘Indian tribe’ means— “(A) a federally recognized Indian tribe; or “(B) an Alaskan Native organization.”. (b) Conforming Amendment.— Section 206(a)(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5616(a)(1)) is amended by striking “(hereinafter referred to as the ‘Council’)”. SEC. 7252. ESTABLISHMENT OF OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION. (a) Deputy Administrator.— Section 201(c) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611(c)) is amended— (1) in the first sentence by striking “and whose” and all that follows through “Act”, and (2) in the last sentence by striking “also”. (b) Technical and Conforming Amendments.— (1) Section 103(5) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603(5)) is amended by striking “section 201(c)” and inserting “section 201(b)”. (2) Section 206(a)(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5616(a)(1)) is amended by striking “the Deputy Administrator of the Institute for Juvenile Justice and Delinquency Prevention,”. (3) Section 5315 of title 5, United States Code, is amended by adding at the end the following: “Administrator, Office of Juvenile Justice and Delinquency Prevention.”. (4) Section 5316 of title 5, United States Code, is amended by striking the item relating to the Associate Administrator, Office of Juvenile Justice and Delinquency Prevention of the Law Enforcement Assistance Administration. SEC. 7253. CONCENTRATION OF FEDERAL EFFORTS. (a) Technical Amendment.— Section 204(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5614(a)) is amended by striking “and the National Advisory Committee for Juvenile Justice and Delinquency Prevention”. (b) Publication of Annual Program Plan.— Section 204(b) of 42 USC 5614. the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 3614(b)) is amended— (1) by amending paragraph (5) to read as follows: “(5) (A) develop for each fiscal year, and publish annually in the Federal Register for public comment, a proposed comprehensive plan describing the particular activities which the Administrator intends to carry out under parts C and D in such fiscal year, specifying in detail those activities designed to satisfy the requirements of parts C and D; and “(B) taking into consideration comments received during the 45-day period beginning on the date the proposed plan is published, develop and publish a final plan, before December 31 of such fiscal year, describing the particular activities which the Administrator intends to carry out under parts C and D in such fiscal year, specifying in detail those activities designed to satisfy the requirements of parts C and D; and”, (2) by striking paragraph (6), and (3) by redesignating paragraph (7) as paragraph (6). (c) Reports.— Section 204 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5614) is amended— (1) by striking subsections (c), (d), and (e), (2) in subsection (1)— (A) in paragraph (1)— (i) by striking “which meets any criterion developed by the Administrator under subsection (d)(1)”, and (ii) by striking “subsection (f)” and inserting “subsection (c)”, and (B) in paragraph (2)— (i) by striking “shall be submitted” and all that follows through “subsection (e) and”, and (ii) by striking “under subsection (e)”, (3) by redesignating subsections (f) through (l) as subsections (c) through (i), respectively, and (4) by striking subsection (m). SEC. 7254. COORDINATING COUNCIL ON JUVENILE JUSTICE AND DELINQUENCY PREVENTION. (a) Functions.— Section 206(c) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5616(c)) is amended— (1) in the first sentence by striking “, in consultation with the Advisory Board on Missing Children,”, and (2) in the third sentence— (A) by striking “is authorized to” and inserting “shall”, and (B) by striking “section 223(a)(12)(A) and (13)” and inserting “paragraphs (12)(A), (13), and (14) of section 223(a)”, and (3) by adding at the end the following: “The Council shall review the reasons why Federal agencies take juveniles into custody and shall make recommendations regarding how to improve Federal practices and facilities for holding juveniles in custody.”. (b) Conforming Amendment.— Section 206(d) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5616(d)) is amended by striking “and” and all that follows through “title”. (c) Allocation.— Section 206(g) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5616(g)) is amended to read as follows: “(g) Of sums available to carry out this part, not more than $200,000 shall be available to carry out this section.”. SEC. 7255. ANNUAL REPORTS. Part A of title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611–5616) is amended by adding at the end the following: “Sec. 207. “annual report Not later than 180 days after the end of a fiscal year, 42 USC 5617. the Administrator shall submit to the President, the Speaker of the House of Representatives, and the President pro tempore of the Senate a report that contains the following with respect to such fiscal year: “(1) A detailed summary and analysis of the most recent data available regarding the number of juveniles taken into custody, the rate at which juveniles are taken into custody, and the trends demonstrated by the data required by subparagraphs (A), (B), and (C). Such summary and analysis shall set out the information required by subparagraphs (A), (B), (C), and (D) separately for juvenile nonoffenders, juvenile status offenders, and other juvenile offenders. Such summary and analysis shall separately address with respect to each category of juveniles specified in the preceding sentence— “(A) the types of offenses with which the juveniles are charged; “(B) the race and gender of the juveniles; “(C) the ages of the juveniles; “(D) the types of facilities used to hold the juveniles in custody, including secure detention facilities, secure correctional facilities, jails, and lockups; and “(E) the number of juveniles who died while in custody and the circumstances under which they died. “(2) A description of the activities for which funds are expended under this part, including the objectives, priorities, accomplishments, and recommendations of the Council. “(3) A description, based on the most recent data available, of the extent to which each State complies with section 223 and with the plan submitted under such section by the State for such fiscal year. “(4) A summary of each program or activity for which assistance is provided under part C or D, an evaluation of the results of such program or activity, and a determination of the feasibility and advisability of replicating such program or activity in other locations. “(5) A description of selected exemplary delinquency prevention programs for which assistance is provided under this title, with particular attention to community-based juvenile delinquency prevention programs that involve and assist families of juveniles.”. SEC. 7256. AUTHORITY TO MAKE GRANTS. Section 221 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5631) is amended— (1) by amending the heading to read as follows: (2) by inserting “(a)” after “Sec. 221.”, and (3) by adding at the end the following: “(b) (1) With not to exceed 2 percent of the funds available in a fiscal year to Carry out this part, the Administrator shall make grants to and enter into contracts with public and private agencies, organizations, and individuals to provide technical assistance to States, units of general local governments (and combinations thereof), and local private agencies to facilitate compliance with section 223 and implementation of the State plan approved under section 223(c). “(2) Grants and contracts may be made under paragraph (1) only to public and private agencies, organizations, and individuals that have experience in providing such technical assistance. In providing such technical assistance, the recipient of a grant or contract under this subsection shall coordinate its activities with the State agency described in section 291(c)(1).”. SEC. 7257. ALLOCATION. (a) Minimum Allocation.— Section 222(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5632(a)) is amended— (1) by striking “In” and inserting “(1) Subject to paragraph (2) and in”, (2) by striking the last sentence, and (3) by adding at the end the following: “(2) (A) Subject to paragraph (3), if the aggregate amount appropriated State and local governments. Territories, U.S. for a fiscal year to carry out this title (other than part D) is less than $75,000,000, then the amount allotted to each State for such fiscal year shall be not less than $325,000, except that the amount allotted to the Virgin Islands of the United States, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands shall be not less than $75,000 each. “(B) Subject to paragraph (3), if the aggregate amount appropriated for a fiscal year to carry out this title (other than part D) equals or exceeds $75,000,000, then the amount allotted to each State for such fiscal year shall be not less than $400,000, except that the amount allotted to the Virgin Islands of the United States, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands shall be not less than $100,000 each. “(3) If, as a result of paragraph (2), the amount allotted to a State for a fiscal year would be less than the amount allotted to such State for fiscal year 1988, then the amounts allotted to satisfy the requirements of such paragraph shall be reduced pro rata to the extent necessary to allot to such State for the fiscal year the amount allotted to such State for fiscal year 1988.”. (b) Technical Amendments.— Section 222(b) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5632(b)) is amended— (1) in the first sentence by striking “Except for funds appropriated for fiscal year 1975, if” and inserting “If”, and (2) by striking the second sentence. SEC. 7258. STATE PLANS. (a) Indian Tribes.— Section 223(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)) is amended— (1) in paragraph (5)— (A) in the matter preceding subparagraph (A) by striking “through”, (B) in subparagraph (A)— (i) by inserting “through” after “(A)”, and (ii) by striking “and” at the end, (C) in subparagraph (B)— (i) by inserting “through” after “(B)”, and (ii) by inserting “and” after the semicolon, (D) and by adding at the end the following: “(C) to provide funds for programs of Indian tribes that perform law enforcement functions (as determined by the Secretary of the Interior) and that agree to attempt to comply with the requirements specified in paragraphs (12)(A), (13), and (14), applicable to the detention and confinement of juveniles, an amount that bears the same ratio to the aggregate amount to be expended through programs referred to in subparagraphs (A) and (B) as the population under 18 years of age in the geographical areas in which such tribes perform such functions bears to the State population under 18 years of age,”, and (2) in paragraph (8)(A)— (A) by inserting “(including any geographical area in which an Indian tribe performs law enforcement functions)” after “relevant jurisdiction”, and (B) by inserting “(including the joining of gangs that commit crimes)” after “juvenile crime problems” each place it appears. (b) Detention in Jails and Lockups for Adults.— Section 223(a)(14) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(14)) is amended— (1) by striking “1989” and inserting “1993”, (2) in subparagraph (iii) by striking the period and inserting a semicolon, and (3) by redesignating subparagraphs (i), (ii), and (iii) as subparagraphs (A), (B), and (C), respectively. (c) Overrepresentation of Juveniles of Minority Groups.— Section 223(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)) is amended— (1) in paragraph (22) by striking “and” at the end, (2) by redesignating paragraph (23) as paragraph (24), and (3) by inserting after paragraph (22) the following: “(23) address efforts to reduce the proportion of juveniles detained or confined in secure detention facilities, secure correctional facilities, jails, and lockups who are members of minority groups if such proportion exceeds the proportion such groups represent in the general population; and”. (d) Compliance Requirement for Eligibility.— Section 223(c) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(c)) is amended— (1) by striking “subpart” and inserting “part”, (2) by inserting “(1)” after “(c)”, (3) by striking the last sentence, and (4) by adding at the end the following: “(2) Failure to achieve compliance with the requirements of subsection (a)(14) within the 5-year time limitation shall terminate any State’s eligibility for funding under this part unless the Administrator— “(A) determines, in the discretion of the Administrator, that such State has— “(i) (I) removed not less than 75 percent of juveniles from jails and lockups for adults; or “(II) achieved substantial compliance with such subsection; and “(ii) made, through appropriate executive or legislative action, an unequivocal commitment to achieving full compliance within a reasonable time, not to exceed 3 additional years; or “(B) waives the termination of the State’s eligibility on the condition that the State agrees to expend all of the funds to be received under this part by the State (excluding funds required to be expended to comply with subsections (c) and (d) of section 222 and with section 223(a)(5)(C)), only to achieve compliance with subsection (a)(14). “(3) Except as provided in paragraph (2), failure to achieve compliance with the requirements of subsection (a)(14) after December 8, 1985, shall terminate any State’s eligibility for funding under this part unless the Administrator waives the termination of the State’s eligibility on the condition that the State agrees to expend all of the funds to be received under this part by the State (excluding funds required to be expended to comply with subsections (c) and (d) of section 222 and with section 223(a)(5)(C)), only to achieve compliance with subsection (a)(14). “(4) For purposes of paragraph (2)(A)(i)(II), a State may demonstrate that it is in substantial compliance with such paragraph by showing that it has— “(A) removed all juvenile status offenders and nonoffenders from jails and lockups for adults; “(B) made meaningful progress in removing other juveniles from jails and lockups for adults; “(C) diligently carried out the State’s plan to comply with subsection (a)(14); and “(D) historically expended, and continues to expend, to comply with subsection (a)(14) an appropriate and significant share of the funds received by the State under this part.”. SEC. 7259. NATIONAL INSTITUTE FOR JUVENILE JUSTICE AND DELINQUENCY PREVENTION. (a) Supervision.— Section 241(b) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5651(b)) is amended by striking “, and shall” and all that follows through “section 201(c) . (b) State Advisory Groups.— Section 241(f) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5651(f)) is amended— (1) in paragraph (1) by striking “section 224” and inserting “section 261”, (2) by redesignating paragraphs (1), (2), (3), and (4) as subparagraphs (B), (C), (D), and (E), respectively, (3) by inserting “(1)” after “(f)”, and (4) by striking “provide,” and all that follows through “purpose of—”, and inserting the following: “provide technical and financial assistance to an eligible organization composed of member representatives of the State advisory groups appointed under section 223(a)(3) to assist such organization to carry out the functions specified in paragraph (2). “(2) To be eligible to receive such assistance, such organization shall agree to carry out activities that include— “(A) conducting an annual conference of such member representatives for purposes relating to the activities of such State advisory groups;”. (c) Technical Amendment.— Section 241 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5651) is amended by striking subsection (h). SEC. 7260. INFORMATION FUNCTION. Section 242 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5652) is amended— (1) by inserting “Administrator, acting through the” after “The”, (2) by striking “Prevention is authorized to” and inserting “Prevention, shall”, (3) in paragraph (1) by inserting “and” after the semicolon, (4) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively, and (5) by inserting before paragraph (2), as so redesignated, the following: “(1) on a continuing basis, review reports, data, and standards relating to the juvenile justice system in the United States;”. SEC. 7261. RESEARCH, DEMONSTRATION, AND EVALUATION FUNCTIONS. Section 243 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5653) is amended— (1) by striking “National Institute for Juvenile Justice and Delinquency Prevention” and inserting “Administrator, acting through the National Institute for Juvenile Justice and Delinquency Prevention,”, (2) in paragraph (4) by striking “, upon the request of the Deputy Administrator”, (3) in paragraph (5)— (A) in the matter preceding subparagraph (A) by striking “and related matters” and inserting “and the improvement of the juvenile justice system”, (B) in subparagraph (A) by striking “and” at the end, (C) in subparagraph (B) by striking “possible ameliorating roles of familial relationships” and inserting “effectiveness of family-centered treatment programs”, and (D) in subparagraph (D) by striking the period at the end and inserting a semicolon, (4) in paragraph (6) by striking “and” at the end, (5) in paragraph (7) by striking the period and inserting a semicolon, and (6) by adding at the end the following: “(8) develop and support model State legislation consistent with the mandates of this title and the standards developed by the National Advisory Committee for Juvenile Justice and Delinquency Prevention before the date of the enactment of the Juvenile Justice, Runaway Youth, and Missing Children’s Act Amendments of 1984; and “(9) support research relating to reducing the excessive proportion of juveniles detained or confined in secure detention facilities, secure correctional facilities, jails, and lockups who are members of minority groups.”. SEC. 7262. TECHNICAL ASSISTANCE AND TRAINING FUNCTIONS. Section 244 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5654) is amended— (1) by amending the heading to read as follows: (2) by striking “National Institute for Juvenile Justice and Delinquency Prevention” and inserting “Administrator, acting through the National Institute for Juvenile Justice and Delinquency Prevention”, (3) by striking paragraph (3), (4) in paragraph (2) by adding “and” at the end, (5) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively, and (6) by inserting before paragraph (2), as so redesignated, the following: “(1) provide technical assistance and training assistance to Federal, State, and local governments and to courts, public and private agencies, institutions, and individuals in the planning, establishment, funding, operation, and evaluation of juvenile delinquency programs;”. SEC. 7263. TECHNICAL AND CONFORMING AMENDMENTS TO PARTS B AND C OF TITLE II. (a) Technical Amendments.— Title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) is amended— (1) in part B— (A) by striking the heading for subpart I, and (B) by striking subpart II, and 42 USC 5634–5639. (2) in part C— (A) by striking the heading for such part and inserting the following: “Part C— National Programs”, (B) by inserting after the heading for part C the following: “Subpart I— National Institute for Juvenile Justice and Delinquency Prevention”, (C) by striking sections 245 and 246, 42 USC 5656, 5657. (D) in section 249— (i) in subsection (a) by striking “section 248” and inserting “section 245”, (ii) in subsection (b) by striking “section 248(b)” and inserting “section 245(b)”, and (iii) in subsection (c) by striking “section 246” and inserting “section 245”, (E) by redesignating sections 247, 248, and 249 as sections 245, 246, and 247, respectively, and 42 USC 5659–5661. (F) by adding at the end the following: “Subpart II— Special Emphasis Prevention and Treatment Programs “Sec. 261. “authority to make grants and contracts (a) The Administrator shall, by making grants to and 42 USC 5665. entering into contracts with public and private nonprofit agencies, organizations, institutions, and individuals provide for each of the following during each fiscal year: “(1) Establishing or maintaining community-based alternatives to traditional forms of institutionalization of juvenile offenders. “(2) Establishing or implementing effective means of diverting juveniles from the traditional juvenile justice and correctional system, including restitution and reconciliation projects which test and validate selected arbitration models, such as neighborhood courts or panels, and increase victim satisfaction while providing alternatives to incarceration for detained or adjudicated delinquents. “(3) Establishing or supporting programs stressing advocacy activities aimed at improving services to juveniles impacted by the juvenile justice system, including services which encourage the improvement of due process available to juveniles in the juvenile justice system, which improve the quality of legal representation of such juveniles, and which provide for the appointment of special advocates by courts for such juveniles. “(4) Developing or supporting model programs to strengthen and maintain the family unit in order to prevent or treat juvenile delinquency. “(5) Establishing or implementing special emphasis prevention and treatment programs relating to juveniles who commit serious crimes (including such crimes committed in schools), including programs designed to deter involvement in illegal activities or to promote involvement in lawful activities on the part of gangs whose membership is substantially composed of juveniles. “(6) Developing or implementing further a coordinated, national law-related education program of— “(A) delinquency prevention in elementary and secondary schools, and other local sites; “(B) training for persons responsible for the implementation of law-related education programs; and “(C) disseminating information regarding model, innovative, law-related education programs to juvenile delinquency programs, including those that are community based, and to law enforcement and criminal justice agencies for activities related to juveniles. “(7) Addressing efforts to reduce the proportion of juveniles detained or confined in secure detention facilities, secure correctional facilities, jails, and lockups who are members of minority groups if such proportion exceeds the proportion such groups represent in the general population. “(b) The Administrator is authorized, by making grants to and entering into contracts with public and private nonprofit agencies, organizations, institutions, and individuals, to develop and implement new approaches, techniques, and methods designed to— “(1) improve the capability of public and private agencies and organizations to provide services for delinquents and other juveniles to help prevent juvenile delinquency; “(2) develop and implement, in coordination with the Secretary of Education, model programs and methods to keep students in elementary and secondary schools, to prevent unwarranted and arbitrary suspensions and expulsions, and to encourage new approaches and techniques with respect to the prevention of school violence and vandalism; “(3) develop, implement, and support, in conjunction with the Secretary of Labor, other public and private agencies, organizations, business, and industry, programs for the employment of juveniles; “(4) develop and support programs designed to encourage and assist State legislatures to consider and establish policies consistent with this title, both by amending State laws, if necessary, and devoting greater resources to effectuate such policies; “(5) develop and implement programs relating to juvenile delinquency and learning disabilities, including on-the-job training programs to assist law enforcement personnel and juvenile justice personnel to more effectively recognize and provide for learning-disabled and other handicapped juveniles; “(6) develop statewide programs through the use of subsidies or other financial incentives designed to— “(A) remove juveniles from jails and lockups for adults; “(B) replicate juvenile programs designated as exemplary by the National Institute of Justice; or “(C) establish and adopt, based upon the recommendations of the National Advisory Committee for Juvenile Justice and Delinquency Prevention made before the date of the enactment of the Juvenile Justice, Runaway Youth, and Missing Children’s Act Amendments of 1984, standards for the improvement of juvenile justice within each State involved; and “(7) develop and implement model programs, relating to the special education needs of delinquent and other juveniles, which develop locally coordinated policies and programs among education, juvenile justice, and social service agencies. “(c) Not less than 30 percent of the funds available for grants and contracts under this section shall be available for grants to and contracts with private nonprofit agencies, organizations, and institutions which have experience in dealing with juveniles. “(d) Assistance provided under this section shall be available on Discrimination, prohibition. an equitable basis to deal with female, minority, and disadvantaged juveniles, including juveniles who are mentally, emotionally, or physically handicapped. “(e) Not less than 5 percent of the funds available for grants and Territories, U.S. contracts under this section shall be available for grants and contracts designed to address the special needs and problems of juvenile delinquency in the Virgin Islands of the United States, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands. “Sec. 262. “considerations for approval of applications (a) Any agency, institution, or individual desiring to receive a grant, or enter into a contract, under this part shall submit an application at such time, in such manner, and containing or accompanied by such information as the Administrator may prescribe. “(b) In accordance with guidelines established by the Administrator, each application for assistance under this part shall— “(1) set forth a program for carrying out one or more of the purposes set forth in this part and specifically identify each such purpose such program is designed to carry out; “(2) provide that such program shall be administered by or under the supervision of the applicant; “(3) provide for the proper and efficient administration of such program; “(4) provide for regular evaluation of such program; “(5) certify that the applicant has requested the State planning agency and local agency designated in section 223, if any to review and comment on such application and indicate the responses of such State planning agency and local agency to such request; “(6) attach a copy of the responses of such State planning agency and local agency to such request; “(7) provide that regular reports on such program shall be Reports. sent to the Administrator and to such State planning agency and local agency; and “(8) provide for such fiscal control and fund accounting procedures as may be necessary to ensure prudent use, proper disbursement, and accurate accounting of funds received under this title. “(c) In determining whether or not to approve applications for grants and for contracts under this part, the Administrator shall consider— “(1) the relative cost and effectiveness of the proposed program in carrying out this part; “(2) the extent to which such program will incorporate new or innovative techniques; “(3) if a State plan has been approved by the Administrator under section 223(c), the extent to which such program meets the objectives and priorities of the State plan, taking into consideration the location and scope of such program; “(4) the increase in capacity of the public and private agency, institution, or individual involved to provide services to address juvenile delinquency and juvenile delinquency prevention; “(5) the extent to which such program serves communities which have high rates of juvenile unemployment, school dropout, and delinquency; and “(6) the adverse impact that may result from the restriction of eligibility, based upon population, for cities with a population greater than 40,000 located within States which have no city with a population over 250,000. “(d) (1) (A) Programs selected for assistance through grants or contracts under this part (other than section 241(f)) shall be selected through a competitive process to be established by rule by the Administrator. As part of such a process, the Administrator shall announce in the Federal Register— “(i) the availability of funds for such assistance; “(ii) the general criteria applicable to the selection of applicants to receive such assistance; and “(iii) a description of the procedures applicable to submitting and reviewing applications for such assistance. “(B) The competitive process described in subparagraph (A) shall not be required if the Administrator makes a written determination that— “(i) (I) the proposed program is not within the scope of any announcement issued, or expected to be issued, by the Administrator regarding the availability of funds to carry out programs under this part, but can be supported by a grant or contract in accordance with this part; and “(II) such program is of such outstanding merit, as determined through peer review conducted under paragraph (2), that the award of a grant or contract without competition is justified; or “(ii) the applicant is uniquely qualified to provide proposed training services as provided in section 244 and other qualified sources are not capable of providing such services, and includes in such determination the factual and other bases thereof. “(C) If a program is selected for assistance without competition pursuant to the exception provided in subparagraph (B), the Administrator shall promptly so notify the chairman of the Committee on Education and Labor of the House of Representatives and the chairman of the Committee on the Judiciary of the Senate. Such notification shall include copies of the Administrator’s determina-tion made under such subparagraph and the peer review determination required by paragraph (2). “(2) (A) Programs selected for assistance through grants or contracts under this part (other than section 241(f)) shall be reviewed before selection, and thereafter as appropriate, through a formal peer review process utilizing experts (other than officers and employees of the Department of Justice) in fields related to the subject matter of the proposed program. “(B) Such process shall be established by the Administrator in Reports. consultation with the Directors and other appropriate officials of the National Science Foundation and the National Institute of Mental Health. Before implementation of such process, the Administrator shall submit such process to such Directors, each of whom shall prepare and furnish to the chairman of the Committee on Education and Labor of the House of Representatives and the chairman of the Committee on the Judiciary of the Senate a final report containing their comments on such process as proposed to be established. “(3) The Administrator, in establishing the processes required under paragraphs (1) and (2), shall provide for emergency expedited consideration of the proposed programs if necessary to avoid any delay which would preclude carrying out such programs. “(e) A city shall not be denied assistance under this part solely on the basis of its population. “(f) Notification of grants and contracts made under this part (and the applications submitted for such grants and contracts) shall, upon being made, be transmitted by the Administrator, to the chairman of the Committee on Education and Labor of the House of Representatives and the chairman of the Committee on the Judiciary of the Senate.”. (b) Conforming Amendments.— (1) Section 223(a)(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(1)) is amended by striking “section 261(c)(1)” and inserting “section 291(c)(1)”. (2) Section 246 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5660), as so redesignated by section (a)(2)(E), is amended by striking “section 248” and inserting “section 245”. SEC. 7264. SPECIAL STUDIES AND REPORTS. The Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601) is amended by inserting after section 247, as so redesignated by section 7263(a)(2)(E), the following: “Sec. 248. “special studies and reports (a) Not later than 1 year after the date of the enactment 42 USC 5662. of the Juvenile Justice and Delinquency Prevention Amendments of 1988, the Administrator shall begin to conduct a study with respect to the juvenile justice system— “(1) to review— “(A) conditions in detention and correctional facilities for juveniles; and “(B) the extent to which such facilities meet recognized national professional standards; and “(2) to make recommendations to improve conditions in such facilities. “(b) (1) Not later than 1 year after the date of the enactment of the Juvenile Justice and Delinquency Prevention Amendments of 1988, the Administrator shall begin to conduct a study to determine— “(A) how juveniles who are American Indians and Alaskan Natives and who are accused of committing offenses on and near Indian reservations and Alaskan Native villages, respectively, are treated under the systems of justice administered by Indian tribes and Alaskan Native organizations, respectively, that perform law enforcement functions; “(B) the amount of financial resources (including financial assistance provided by governmental entities) available to Indian tribes and Alaskan Native organizations that perform law enforcement functions, to support community-based alternatives to incarcerating juveniles; and “(C) the extent to which such tribes and organizations comply with the requirements specified in paragraphs (12)(A), (13), and (14) of section 223(a), applicable to the detention and confinement of juveniles. “(2) (A) For purposes of section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e(b)), any contract, subcontract, grant, or subgrant made under paragraph (1) shall be deemed to be a contract, subcontract, grant, or subgrant made for the benefit of Indians. “(B) For purposes of section 7(b) of such Act and subparagraph (A) of this paragraph, references to Indians and Indian organizations shall be deemed to include Alaskan Natives and Alaskan Native organizations, respectively. “(c) Not later than 3 years after the date of the enactment of the Juvenile Justice and Delinquency Prevention Amendments of 1988, the Administrator shall submit a report to the chairman of the Committee on Education and Labor of the House of Representatives and the chairman of the Committee on the Judiciary of the Senate containing a description, and a summary of the results, of the study conducted under subsection (a) or (b), as the case may be.”. SEC. 7265. AUTHORIZATION OF APPROPRIATIONS. (a) Funds Authorized for Fiscal Years.— Section 261(a) of part D of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5671(a)) is amended— (1) by inserting “(1)” after “(a)”, (2) by inserting “(other than part D)” after “this title”, (3) by striking “1985, 1986, 1987, and 1988”, (4) by inserting “1989, 1990, 1991, and 1992”, and (5) by adding at the end the following: “(2) (A) Subject to subparagraph (B), to carry out part D, there are authorized to be appropriated $15,000,000 for fiscal year 1989 and such sums as may be necessary for each of the fiscal years 1990, 1991, and 1992. “(B) No funds may be appropriated to carry out part D of this title for a fiscal year unless the aggregate amount appropriated to carry out this title (other than part D) for such fiscal year is not less than the aggregate amount appropriated to carry out this title (other than part D) for the preceding fiscal year.”. (b) Allocations.— Section 261(b) of part D of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5671(b)) is (1) by inserting “(other than part D)” after “this title” (2) in paragraph (1) by striking “7.5 percent” and inserting “5 percent”, (3) in paragraph (2) by striking “81.5 percent” and inserting “70 percent”, and (4) in paragraph (3) by striking “11 percent” and inserting “25 percent”. SEC. 7266. TECHNICAL AMENDMENTS TO PART D OF TITLE II. Part D of title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5671–5672 note) is amended— (1) by amending the heading of such part to read as follows: “Part E— General and Administrative Provisions”, (2) by striking section 263, 42 USC 5601 note. (3) by redesignating sections 261 and 262 as sections 291 and 292, respectively, and 42 USC 5671, 5672. (4) by adding at the end the following: “Sec. 293. “withholding Whenever the Administrator, after giving reasonable 42 USC 5673. notice and opportunity for hearing to a recipient of financial assistance under this title, finds that— “(1) the program or activity for which the grant or contract involved was made has been so changed that it no longer complies with this title; or “(2) in the operation of such program or activity there is failure to comply substantially with any provision of this title; the Administrator shall initiate such proceedings as are appropriate. “Sec. 294. “use of funds (a) Funds paid pursuant to this title to any public or 42 USC 5674. private agency, organization, or institution, or to any individual (either directly or through a State planning agency) may be used for— “(1) planning, developing, or operating the program designed to carry out this title; and “(2) not more than 50 per centum of the cost of the construction of any innovative community-based facility for fewer than 20 persons which, in the judgment of the Administrator, is necessary to carry out this title. “(b) Except as provided in subsection (a), no funds paid to any public or private agency, or institution or to any individual under this title (either directly or through a State agency or local agency) may be used for construction. “(c) (1) Funds paid pursuant to section 223(a)(10)(D) and section 261(a)(3) to any public or private agency, organization, or institution or to any individual shall not be used to pay for any personal service, advertisement, telegram, telephone communication, letter, printed or written matter, or other device intended or designed to influence a Member of Congress or any other Federal, State, or local elected official to favor or oppose any Acts, bills, resolutions, or similar legislation, or any referendum, initiative, constitutional amendment, or any similar procedure of the Congress, any State legislature, any local council, or any similar governing body, except that this paragraph shall not preclude such funds from being used in connection with communications to Federal, State, or local elected officials, upon the request of such officials through proper official channels, pertaining to authorization, appropriation, or oversight measures directly affecting the operation of the program involved. “(2) The Administrator shall take such action as may be necessary to ensure that no funds paid under section 223(a)(10)(D) or section 261(a)(3) are used either directly or indirectly in any manner prohibited in this paragraph. “Sec. 295. “payments (a) Payments under this title, pursuant to a grant or contract, may be made (after necessary adjustment, in the case of grants, on account of previously made overpayments or underpayments) in advance or by way of reimbursement, in such installments and on such conditions as the Administrator may determine. “(b) Except as provided in the second sentence of section 222(c), financial assistance extended under this title shall be 100 per centum of the approved costs of the program or activity involved. “(c) (1) In the case of a grant under this title to an Indian tribe, if the Administrator determines that the tribe does not have sufficient funds available to meet the local share of the cost of any program or activity to be funded under the grant, the Administrator may increase the Federal share of the cost thereof to the extent the Administrator deems necessary. “(2) If a State does not have an adequate forum to enforce grant provisions imposing any liability on Indian tribes, the Administrator may waive State liability attributable to the liability of such tribes and may pursue such legal remedies as are necessary. “(d) If the Administrator determines, on the basis of information available to the Administrator during any fiscal year, that a portion of the funds granted to an applicant under part C for such fiscal year will not be required by the applicant or will become available by virtue of the application of the provisions of section 802 of the Omnibus Crime Control and Safe Streets Act of 1968, as amended from time to time, that portion shall be available for reallocation in an equitable manner to States which comply with the requirements in paragraphs (12)(A) and (13) of section 223(a), under section 261(b)(6). “Sec. 296. “confidentiality of program records Except as authorized by law, program records containing the identity of individual juveniles gathered for purposes pursuant to this title may not be disclosed without the consent of the service recipient or legally authorized representative, or as may be necessary to carry out this title. Under no circumstances may program reports or findings available for public dissemination contain the actual names of individual service recipients.”. SEC. 7267. PREVENTION AND TREATMENT PROGRAMS RELATING TO JUVENILE GANGS. Title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5671–5672 note) is amended by inserting after part C, as amended by this subtitle, the following: “Part D— Prevention and Treatment Programs Relating to Juvenile Gangs and Drug Abuse and Drug Trafficking “Sec. 281. “authority to make grants and contracts The Administrator shall, by making grants to and 42 USC 5667. entering into contracts with public and private nonprofit agencies, organizations, institutions, and individuals, establish and support programs and activities that involve families and communities and that are designed to carry out any of the following purposes: “(1) To reduce the participation of juveniles in drug-related crimes (including drug trafficking and drug use), particularly in elementary and secondary schools. “(2) To develop within the juvenile adjudicatory and correctional systems new and innovative means to address the problems of juveniles convicted of serious drug-related and gang-related offenses. “(3) To reduce juvenile involvement in gang-related activity, particularly activities that involve the distribution of drugs by or to juveniles. “(4) To promote the involvement of juveniles in lawful activities in geographical areas in which gangs commit crimes. “(5) To provide treatment to juveniles who are members of such gangs, including members who are accused of committing a serious crime and members who have been adjudicated as being delinquent. “(6) To support activities to inform juveniles of the availability of treatment and services for which financial assistance is provided under this part. “(7) To facilitate Federal and State cooperation with local Schools and colleges. State and local governments. school officials to assist juveniles who are likely to participate in the activities of gangs that commit crimes and to establish and support programs that facilitate coordination and cooperation among local education, juvenile justice, employment, and social service agencies, for the purpose of preventing or reducing the participation of juveniles in activities of gangs that commit crimes. “(8) To provide personnel, personnel training, equipment, and supplies in conjunction with programs and activities designed to prevent or reduce the participation of juveniles in unlawful gang activities or unlawful drug activities, to assist in improving the adjudicative and correctional components of the juvenile justice system. “(9) To provide pre- and post-trial drug abuse treatment to juveniles in the juvenile justice system. “(10) To provide drug abuse education, prevention and treatment involving police and juvenile justice officials in demand reduction programs. “Sec. 282. approval of applications (a) Any agency, institution, or individual desiring to Grants. Contracts. 42 USC 5667a. receive a grant, or to enter into a contract, under this part shall submit an application at such time, in such manner, and containing or accompanied by such information as the Administrator may prescribe. “(b) In accordance with guidelines established by the Administrator, each application for assistance under this part shall— “(1) set forth a program or activity for carrying out one or more of the purposes specified in section 281 and specifically identify each such purpose, such program or activity is designed to carry out; “(2) provide that such program or activity shall be administered by or under the supervision of the applicant; “(3) provide for the proper and efficient administration of such program or activity; “(4) provide for regular evaluation of such program or activity; “(5) certify that the applicant has requested the State planning agency and local agency designated in section 223, if any, to review and comment on such application and indicate the responses of such State planning agency and local agency to such request; “(6) attach a copy of the responses of such State planning agency and local agency to such request; “(7) provide that regular reports on such program or activity shall be sent to the Administrator and to such State planning agency and local agency; and “(8) provide for such fiscal control and fund accounting procedures as may be necessary to ensure prudent use, proper disbursement, and accurate accounting of funds received under this title. “(c) In reviewing applications for grants and contracts under this part, the Administrator shall give priority to applications— “(1) based on the incidence and severity of crimes committed by gangs whose membership is composed primarily of juveniles or the incidence of juvenile drug abuse and drug trafficking, in the geographical area in which the applicants propose to carry out the programs and activities for which such grants and contracts are requested; and “(2) for assistance for programs and activities that have the broad support of organizations operating in such geographical areas, as demonstrated by the applicants.”. Chapter 2— Amendments to the Runaway and Homeless Youth Act SEC. 7271. GRANTS FOR RUNAWAY AND HOMELESS YOUTH CENTERS. (a) Technical Amendment.— The heading for section 311 of the Runaway and Homeless Youth Act (42 U.S.C. 5711) is amended to read as follows: (b) Grant Program.— Subsections (a) and (b) of section 311 of the Runaway and Homeless Youth Act (42 U.S.C. 5711) are amended to read as follows: “(a) The Secretary shall make grants to public and private entities (and combinations of such entities) to establish and operate (including renovation) local runaway and homeless youth centers to provide services to deal primarily with the immediate needs of runaway or otherwise homeless youth, and their families, in a manner which is outside the law enforcement structure and the juvenile justice system. “(b) (1) Subject to paragraph (2) and in accordance with regulations promulgated under this title, funds for grants under subsection (a) shall be allotted annually with respect to the States on the basis of their relative population of individuals who are less than 18 years of age. “(2) Subject to paragraph (3), the amount allotted under paragraph Territories, U.S. (1) with respect to each State for a fiscal year shall be not less than $75,000, except that the amount allotted to the Virgin Islands of the United States, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands shall be not less than $30,000 each. “(3) If, as a result of paragraph (2), the amount allotted under paragraph (1) with respect to a State for a fiscal year would be less than the aggregate amount of grants made under this part to recipients in such State for fiscal year 1988, then the amounts allotted to satisfy the requirements of such paragraph shall be reduced pro rata to the extent necessary to allot under paragraph (1) with respect to such State for the fiscal year an amount equal to the aggregate amount of grants made under this part to recipients in such State for fiscal year 1988. “(4) In selecting among applicants for grants under subsection (a), the Secretary shall give priority to private entities that have experience in providing the services described in such subsection.”. (c) Conforming Amendments.— (1) Sections 312 and 313 of the Runaway and Homeless Youth Act (42 U.S.C. 5712, 5713) are each amended by striking “this part” each place it appears and inserting “section 311(a)”. (2) Section 312(a) of the Runaway and Homeless Youth Act (42 U.S.C. 5712(a)) is amended by inserting “and homeless youth” after “proposed runaway”. (3) Section 312(b) of the Runaway and Homeless Youth Act (42 U.S.C. 5712(b)) is amended— (A) in the matter preceding paragraph (1) by striking “meeting” and all that follows through “center—”, and inserting “including assurances that the applicant—”, (B) in paragraph (1)— (i) by striking “shall be” and inserting “shall operate a runaway and homeless youth center”, and (ii) by inserting “and homeless” after “by runaway”, (C) in paragraphs (3) and (5) by striking “runaway center” each place it appears and inserting “runaway and homeless youth center”, (D) in paragraphs (4) and (6) by striking “runaway youths” each place it appears and inserting “runaway and homeless youth”, and (E) in paragraphs (5) and (6) by striking “runaway youth” each place it appears and inserting “runaway and homeless youth”. (4) Section 314 of the Runaway and Homeless Youth Act (42 U.S.C. 5714) is amended by striking “runaway center” and inserting “runaway and homeless youth center”. (5) Section 317 of the Runaway and Homeless Youth Act (42 U.S.C. 5715) is amended— (A) by striking “runaway centers” and inserting “runaway and homeless youth centers”, and (B) by striking “runaway youth” and inserting “runaway and homeless youth”. (6) Section 318(a) of the Runaway and Homeless Youth Act (42 U.S.C. 5716(a)) is amended by striking “acquisition and”. SEC. 7272. ADDITIONAL TECHNICAL AMENDMENTS. The Runaway and Homeless Youth Act (42 U.S.C. 5701–5751) is amended— (1) by amending the heading for part A to read as follows: “Part A— Runaway and Homeless Youth Grant Program”, (2) by striking the headings for parts B and C, and (3) by inserting before the heading for section 317 the following: SEC. 7273. AUTHORIZATION OF TRANSITIONAL LIVING PROJECTS. (a) Assistance to Potential Grantees.— Section 315 of the Runaway and Homeless Youth Act (42 U.S.C. 5714a) is amended— (1) by inserting “and transitional living youth projects” after “homeless youth centers”, (2) in paragraph (1) by inserting “or transitional living youth project” after “homeless youth center”, (3) by inserting “or such project” after “such center” each place it appears, and (4) in paragraph (3) by inserting “and homeless” after “runaway”. (b) Lease of Surplus Federal Facilities.— Section 316 of the Runaway and Homeless Youth Act (42 U.S.C. 5714b) is amended— (1) in the heading of such section by inserting “or as transitional living youth shelter facilities” after “homeless youth centers”, and (2) in subsection (a)— (A) by inserting “or as transitional living youth shelter facilities” after “homeless youth centers”, and (B) in paragraph (1) by inserting “or transitional living youth project, as the case may be, under this title” after “homeless youth center”. (c) Reports.— Section 317 of the Runaway and Homeless Youth Act (42 U.S.C. 5715) is amended— (1) by inserting “(a)” after “Sec. 317.”, (2) by striking “this part” and inserting “part A”, and (3) by adding at the end thereof the following: “(b) The Secretary shall annually report to the Congress on the status and accomplishments of the transitional living youth projects which are funded under part B, with particular attention to— “(1) the number and characteristics of homeless youth served by such projects; “(2) describing the types of activities carried out under such projects; “(3) the effectiveness of such projects in alleviating the immediate problems of homeless youth; “(4) the effectiveness of such projects in preparing homeless youth for self sufficiency; “(5) the effectiveness of such projects in helping youth decide upon future education, employment, and independent living; and “(6) the ability of such projects to strengthen family relationships, and encourage the resolution of intra-family problems through counseling and the development of self-sufficient living skills.”. (d) Authorization of Appropriations.— Section 331 of the Runaway and Homeless Youth Act (42 U.S.C. 5751) is amended— (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively, and (2) by inserting after subsection (a) the following: “(b) (1) Subject to paragraph (2), to carry out the purposes of part B of this title, there are authorized to be appropriated $5,000,000 for fiscal year 1989 and such sums as may be necessary for each of the fiscal years 1990, 1991, and 1992. “(2) No funds may be appropriated to carry out part B of this title for a fiscal year unless the aggregate amount appropriated for such fiscal year to carry out part A of this title exceeds $26,900,000.”. (e) Technical Amendments.— The Runaway and Homeless Youth Act (42 U.S.C. 5701–5751) is amended— (1) by inserting before the heading for section 315 the following: “Part C— General Provisions”, and (2) by redesignating sections 315, 316, 317, 318, 321, and 331 as sections 341, 342, 361, 362, 363, and 366, respectively. 42 USC 5714a, 5714b, 5715, 5716, 5731, 5751. (f) Grants for Transitional Living Youth Projects.— The Runaway and Homeless Youth Act (42 U.S.C. 5701–5751) is amended by inserting after section 314 the following: “Part B— Transitional Living Grant Program “Sec. 321. “Purpose and Authority for Program (a) The Secretary is authorized to make grants and to 42 USC 5714–1. provide technical assistance to public and nonprofit private entities to establish and operate transitional living youth projects for homeless youth. “(b) For purposes of this part— “(1) the term ‘homeless youth’ means any individual— “(A) who is not less than 16 years of age and not more than 21 years of age; “(B) for whom it is not possible to live in a safe environment with a relative; and “(C) who has no other safe alternative living arrangement; and “(2) the term ‘transitional living youth project’ means a project that provides shelter and services designed to promote a transition to self-sufficient living and to prevent long-term dependency on social services. “Sec. 322. “eligibility (a) To be eligible for assistance under this part, an applicant shall propose to establish, strengthen, or fund a transitional living youth project for homeless youth and shall submit to the Secretary a plan in which such applicant agrees, as part of such project— “(1) to provide, directly or indirectly, shelter (such as group homes, host family homes, and supervised apartments) and services (including information and counseling services in basic life skills, interpersonal skill building, educational advancement, job attainment skills, and mental and physical health care) to homeless youth; “(2) to provide such shelter and such services to individual homeless youth throughout a continuous period not to exceed 540 days; “(3) to provide, directly or indirectly, on-site supervision at each shelter facility that is not a family home; “(4) that such shelter facility used to carry out such project shall have the capacity to accommodate not more than 20 individuals (excluding staff); “(5) to provide a number of staff sufficient to ensure that all homeless youth participating in such project receive adequate supervision and services; “(6) to provide a written transitional living plan to each youth based on an assessment of such youth’s needs, designed to help the transition from supervised participation in such project to independent living or another appropriate living arrangement; “(7) to develop an adequate plan to ensure proper referral of homeless youth to social service, law enforcement, educational, vocational, training, welfare, legal service, and health care programs and to help integrate and coordinate such services for youths; “(8) to provide for the establishment of outreach programs designed to attract individuals who are eligible to participate in the project; “(9) to submit to the Secretary an annual report that includes information regarding the activities carried out with funds under this part, the achievements of the project under this part carried out by the applicant and statistical summaries describing the number and the characteristics of the homeless youth who participate in such project in the year for which the report is submitted; “(10) to implement such accounting procedures and fiscal control devices as the Secretary may require; “(11) to submit to the Secretary an annual budget that estimates the itemized costs to be incurred in the year for which the applicant requests a grant under this part; “(12) to keep adequate statistical records profiling homeless youth which it serves and not to disclose the identity of individual homeless youth in reports or other documents based on such statistical records; “(13) not to disclose records maintained on individual homeless youth without the consent of the individual youth and parent or legal guardian to anyone other than an agency compiling statistical records or a government agency involved in the disposition of criminal charges against youth; and “(14) to provide to the Secretary such other information as the Secretary may reasonably require. “(b) In selecting eligible applicants to receive grants under this part, the Secretary shall give priority to entities that have experience in providing to homeless youth shelter and services of the types described in subsection (a)(1).”. SEC. 7274. REPORTS. Section 361 of the Runaway and Homeless Youth Act (42 U.S.C. 5715), as so redesignated by section 7273(e)(2), is amended by striking “The Secretary shall annually” and inserting “Not later than 180 days after the end of each fiscal year, the Secretary shall”. SEC. 7275. NATIONAL COMMUNICATION SYSTEM. (a) Technical Amendments.— Sections 313 and 314 of the Runaway and Homeless Youth Act (42 U.S.C. 5713–5714) are redesignated as sections 316 and 317, respectively. (b) Authority To Make Grants.— The Runaway and Homeless Youth Act (42 U.S.C. 5701–5751) is amended by inserting after section 312 the following: “Sec. 313. grants for a national communication system (a) With funds reserved under subsection (b), the Secretary 42 USC 5712a. shall make grants for a national communication system to assist runaway and homeless youth in communicating with their families and with service providers. “(b) From funds appropriated to carry out this part and after making the allocation required by section 366(a)(2), the Secretary shall reserve— “(1) for fiscal year 1989 not less than $500,000; “(2) for fiscal year 1990 not less than $600,000; and “(3) for each of the fiscal years 1991 and 1992 not less than $750,000; to carry out subsection (a).”. SEC. 7276. GRANTS FOR TECHNICAL ASSISTANCE AND TRAINING. The Runaway and Homeless Youth Act (42 U.S.C. 5701–5751) is amended by inserting after section 313, as added by section 7275, the following: “Sec. 314. “grants for technical assistance and training The Secretary may make grants to statewide and 42 USC 5712b. regional nonprofit organizations (and combinations of such organizations) to provide technical assistance and training to public and private entities (and combinations of such entities) that are eligible to receive grants under section 311(a), for the purpose of assisting such entities to establish and operate runaway and homeless youth centers.”. SEC. 7277. GRANTS FOR RESEARCH, DEMONSTRATION, AND SERVICE PROJECTS. The Runaway and Homeless Youth Act (42 U.S.C. 5701–5751) is amended by inserting after section 314, as added by section 7276, the following: “Sec. 315. “authority to make grants for research, demonstration, and service projects (a) The Secretary may make grants to States, localities, and private entities (and combinations of such entities) to carry out research, demonstration, and service projects designed to increase knowledge concerning, and to improve services for, runaway and homeless youth. “(b) In selecting among applications for grants under subsection (a), the Secretary shall give special consideration to proposed projects relating to— “(1) juveniles who repeatedly leave and remain away from their homes; “(2) outreach to runaway and homeless youth; “(3) transportation of runaway and homeless youth in connection with services authorized to be provided under this part; “(4) the special needs of runaway and homeless youth programs in rural areas; “(5) the special needs of foster care home programs for runaway and homeless youth; “(6) transitional living programs for runaway and homeless youth; and “(7) innovative methods of developing resources that enhance the establishment or operation of runaway and homeless youth centers. “(c) In selecting among applicants for grants under subsection (a), the Secretary shall give priority to applicants who provide services directly to runaway and homeless youth.”. SEC. 7278. ANNUAL PROGRAM PRIORITIES. The Runaway and Homeless Youth Act (42 U.S.C. 5701–5751) is amended by inserting after section 363, as so redesignated by section 7273(e)(2), the following: “Sec. 364. “annual program priorities (a) The Secretary shall develop for each fiscal year, and publish annually in the Federal Register for public comment a proposed plan specifying the subject priorities the Secretary will follow in making grants under this title for such fiscal year. “(b) Taking into consideration comments received in the 45-day period beginning on the date the proposed plan is published, the Secretary shall develop and publish, before December 31 of such fiscal year, a final plan specifying the priorities referred to in subsection (a).”. SEC. 7279. COORDINATION WITH ACTIVITIES OF CERTAIN FEDERAL HEALTH AGENCIES. The Runaway and Homeless Youth Act (42 U.S.C. 5701–5751) is amended by inserting after section 364, as added by section 7278, the following: “Sec. 365. “coordination with activities With respect to matters relating to communicable diseases, the Secretary shall coordinate the activities of health agencies in the Department of Health and Human Services with the activities of the entities that are eligible to receive grants under this title.”. SEC. 7280. AUTHORIZATION OF APPROPRIATIONS. Section 366(a) of the Runaway and Homeless Youth Act of 1974 (42 U.S.C. 5751(a)), as so redesignated by section 7273(d)(2), is amended— (1) by striking “1985, 1986, 1987, and 1988”, (2) by inserting “1989, 1990, 1991, and 1992”, (3) by inserting “(1)” after “(a)”, and (4) by adding at the end the following: “(2) Not less than 90 percent of the funds appropriated under paragraph (1) for a fiscal year shall be available to carry out section 311(a) in such fiscal year.”. Chapter 3— Amendments to the Missing Children’s Assistance Act SEC. 7285. DUTIES AND FUNCTIONS OF ADMINISTRATOR. (a) Annual Report.— Section 404(a) of the Missing Children’s Assistance Act (42 U.S.C. 5773(a)) is amended— (1) in paragraph (3) by striking “law enforcement”, (2) in paragraph (4) by inserting “and” at the end, (3) by amending paragraph (5) to read as follows: “(5) not later than 180 days after the end of each fiscal year, submit a report to the President, Speaker of the House of Representatives, and the President pro tempore of the Senate— “(A) containing a comprehensive plan for facilitating cooperation and coordination in the succeeding fiscal year among all agencies and organizations with responsibilities related to missing children; “(B) identifying and summarizing effective models of Federal, State, and local coordination and cooperation in locating and recovering missing children; “(C) identifying and summarizing effective program models that provide treatment, counseling, or other aid to parents of missing children or to children who have been the victims of abduction, “(D) describing how the Administrator satisfied the requirements of paragraph (4) in the preceding fiscal year; “(E) describing in detail the number and types of telephone calls received in the preceding fiscal year over the national toll-free telephone line established under subsection (b)(1)(A) and the number and types of communications referred to the national communications system established under section 313; “(F) describing in detail the activities in the preceding fiscal year of the national resource center and clearinghouse established under subsection (b)(2); “(G) describing all the programs for which assistance was provided under section 405 in the preceding fiscal year; “(H) summarizing the results of all research completed in the preceding year for which assistance was provided at any time under this title; and “(I) (i) identifying each clearinghouse with respect to which assistance is provided under section 405(a)(9) in the preceding fiscal year; “(ii) describing the activities carried out by such clearing-house in such fiscal year; “(iii) specifying the types and amounts of assistance (other than assistance under section 405(a)(9)) received by such clearinghouse in such fiscal year; and “(iv) specifying the number and types of missing children cases handled (and the number of such cases resolved) by such clearinghouse in such fiscal year and summarizing the circumstances of each such cases.”, and (4) by striking paragraph (6). (b) Section 404(b) of the Missing Children’s Assistance Act (42 U.S.C. 5773(b)) is amended— (1) in paragraph (1)— (A) by inserting “(A)” after “(1)”, (B) by inserting “24-hour” after “national”, (C) by adding “and” after the semicolon, and (D) by adding at the end the following: “(B) coordinating the operation of such telephone line with the operation of the national communications system established under section 313;”, (2) in paragraph (2)— (A) by amending subparagraph (A) to read as follows: “(A) provide to State and local governments, public and private nonprofit agencies, and individuals information regarding— “(i) free or low-cost legal, restaurant, lodging, and transportation services that are available for the benefit of missing children and their families; and “(ii) the existence and nature of programs being carried out by Federal agencies to assist missing children and their families;”, and (B) in subparagraph (D)— (i) by inserting “and training” after “assistance”, and (ii) by striking the semicolon and inserting the following: “and in locating and recovering missing children;”, (3) in paragraph (3) by striking the period at the end and inserting “; and”, and (4) by adding at the end the following: “(4) provide to State and local governments, public and private nonprofit agencies, and individuals information to facilitate the lawful use of school records and birth certificates to identify and locate missing children.”. SEC. 7286. ADVISORY BOARD. Section 405 of the Missing Children’s Assistance Act (42 U.S.C. 5774) is repealed. SEC. 7287. GRANTS. Section 406(a) of the Missing Children’s Assistance Act (42 U.S.C. 5775(a)) is amended— (1) in paragraph (5) by striking “and” at the end, (2) in paragraph (6) by striking the period and inserting a semicolon, and (3) by adding at the end the following: “(7) to address the needs of missing children (as defined in section 403(1)(A)) and their families following the recovery of such children; “(8) to reduce the likelihood that individuals under 18 years of age will be removed from the control of such individuals’ legal custodians without such custodians’ consent; and “(9) to establish or operate statewide clearinghouse to assist in locating and recovering missing children.”. SEC. 7288. COMPETITION AMENDMENT. Section 407 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5776) is amended to read as follows: “Sec. 407. “criteria for grants (a) In carrying out the programs authorized by this Contracts. 42 USC 5776. title, the Administrator shall establish— “(1) annual research, demonstration, and service program priorities for making grants and contracts pursuant to section 405; and “(2) criteria based on merit for making such grants and contracts. Not less than 60 days before establishing such priorities and criteria, Federal Register, publication. the Administrator shall publish in the Federal Register for public comment a statement of such proposed priorities and criteria. “(b) No grant or contract exceeding $50,000 shall be made under this title unless the grantee or contractor has been selected by a competitive process which includes public announcement of the availability of funds for such grant or contract, general criteria for the selection of recipients or contractors, and a description of the application process and application review process. “(c) Multiple grants or contracts to the same grantee or contractor within any 1 year to support activities having the same general purpose shall be deemed to be a single grant for the purpose of this subsection, but multiple grants or contracts to the same grantee or contractor to support clearly distinct activities shall be considered separate grants or contractors.”. SEC. 7289. AUTHORIZATION OF APPROPRIATIONS. Section 408 of the Missing Children’s Assistance Act (42 U.S.C. 5777) is amended— (1) by striking “$10,000,000 for fiscal year 1985, and”, (2) by striking “1986, 1987, and 1988”, and (3) by inserting “1989, 1990, 1991, and 1992”. SEC. 7290. ADDITIONAL TECHNICAL AND CONFORMING AMENDMENTS. (a) Technical Amendment.— Sections 406, 407, and 408 are redesignated as sections 405, 406, and 407, respectively. 42 USC 5775–5777. 42 USC 5776. (b) Conforming Amendment.— Section 406 of the Missing Children’s Assistance Act, as so redesignated by subsection (a), is amended by striking “section 406” and inserting “section 405”. SEC. 7291. SPECIAL STUDY AND REPORT. The Missing Children’s Assistance Act (42 U.S.C. 5771–5777) is amended by adding at the end the following: “Sec. 408. “special study and report (a) Not later than 1 year after the date of the enactment 42 USC 5778. of the Juvenile Justice and Delinquency Prevention Amendments of 1988, the Administrator shall begin to conduct a study to determine the obstacles that prevent or impede individuals who have legal custody of children from recovering such children from parents who have removed such children from such individuals in violation of law. “(b) Not later than 3 years after the date of the enactment of the Juvenile Justice and Delinquency Prevention Amendments of 1988, the Secretary shall submit a report to the chairman of the Committee on Education and Labor of the House of Representatives and the chairman of the Committee on the Judiciary of the Senate containing a description, and a summary of the results, of the study conducted under subsection (a).”. Chapter 4— Miscellaneous SEC. 7295. INVESTIGATION AND REPORT BY THE COMPTROLLER GENERAL. (a) Investigation.— Not later than 180 days after the date of the enactment of the Juvenile Justice and Delinquency Prevention Amendments of 1988, the Comptroller General of the United States shall begin to conduct an investigation of the extent to which— (1) valid court orders, and (2) court orders other than valid court orders, are used in the 5-year period ending on December 31, 1988, to place juveniles in secure detention facilities, in secure correctional facilities, and in jails and lockups for adults. (b) Report.— (1) Not later than 3 years after the date of the enactment of the Juvenile Justice and Delinquency Prevention Amendments of 1988, the Comptroller General shall submit a report to the chairman of the Committee on Education and Labor of the House of Representatives and the chairman of the Committee on the Judiciary of the Senate containing a description, and a summary of the results of the investigation conducted under subsection (a). (2) In such report, the Comptroller shall specify separately with respect to secure detention facilities, secure correctional facilities, and jails and lockups for adults— (A) the frequency with which juveniles were confined, (B) the length of confinement of juveniles, and (C) the types of conduct of juveniles for which confinement was imposed, as a result of the enforcement of court orders of the 2 types described in paragraphs (1) and (2) of subsection (a), (c) Definitions.— For purposes of this section— (1) the term “juvenile” means an individual who is less than 18 years of age, (2) the term “secure correctional facility” has the meaning given it in section 103(13) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603(13)), (3) the term “secure detention facility” has the meaning given it in section 103(12) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603(12)), and (4) the term “valid court order” has the meaning given it in section 103(16) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603(16)). SEC. 7296. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Effective Date.— Except as provided in subsection (b), this subtitle and the amendments made by this Act shall take effect on October 1, 1988. (b) Application of Amendments.— (1) The amendments made by section 7258(a) shall not apply to a State with respect to a fiscal year beginning before the date of the enactment of this Act if the State plan is approved before such date by the Administrator for such fiscal year. (2) The amendments made by section 7274(b)(1) and section 7278 shall not apply with respect to fiscal year 1989. (3) Notwithstanding the 180-day period provided in section 7277 of the Juvenile Justice and Delinquency Prevention Act of 1974, as added by section 7255, the report required by such section to be submitted with respect to fiscal year 1988 shall be submitted not later than August 1, 1989. Subtitle G— Provisions Relating to Prisons, Probation, Parole, and Supervised Release SEC. 7301. PAYMENT OF COSTS OF INCARCERATION BY FEDERAL PRISONERS. Not later than 1 year after the date of enactment of this section, the United States Sentencing Commission shall study the feasibility of requiring prisoners incarcerated in Federal correctional institutions to pay some or all of the costs incident to the prisoner’s confinement, including, but not limited to, the costs of food, housing, and shelter. The study shall review measures which would allow prisoners unable to pay such costs to work at paid employment within the community, during incarceration or after release, in order to pay the costs incident to the prisoner’s confinement. SEC. 7302. ADMINISTRATION OF CONFINEMENT FACILITIES LOCATED ON MILITARY INSTALLATIONS BY THE BUREAU OF PRISONS. In conjunction with the Department of Defense and the Commission on Alternative Utilization of Military Facilities as established in the National Defense Authorization Act of Fiscal Year 1989, the Bureau of Prisons shall be responsible for— (1) administering Bureau of Prisons confinement facilities for Women. civilian nonviolent prisoners located on military installations in cooperation with the Secretary of Defense, with an emphasis on placing women inmates in such facilities, or in similar minimum security confinement facilities not located on military installations, so that the percentage of eligible women equals the percentage of eligible men housed in such or similar minimum security confinement facilities (i.e., prison camps); (2) establishing and regulating drug treatment programs for inmates held in such facilities in coordination and cooperation with the National Institute on Drug Abuse; and (3) establishing and managing work programs in accordance with guidelines under the Bureau of Prisons for persons held in such facilities and in cooperation with the installation commander. SEC. 7303. REVOCATION OF PROBATION, PAROLE, AND SUPERVISED RELEASE FOR POSSESSION OF A CONTROLLED SUBSTANCE. (a) Probation.— (1) Section 3563(a) of title 18, United States Code, is amended by— (A) striking “and” after the semicolon in paragraph (1); (B) striking the period at the end of paragraph (2) and inserting “; and”; and (C) inserting after paragraph (2) the following: “(3) for a felony, a misdemeanor, or an infraction, that the defendant not possess illegal controlled substances.”. (2) Section 3565(a) of title 18, United States Code, is amended by adding at the end thereof the following: “Notwithstanding any other provision of this section, if a defendant is found by the court to be in possession of a controlled substance, thereby violating the condition imposed by section 3563(a)(3), the court shall revoke the sentence of probation and sentence the defendant to not less than one-third of the original sentence.”. (b) Supervised Release.— (1) Section 3583(d) of title 18, United States Code, is amended in the first sentence by striking the period and inserting “and that the defendant not possess illegal controlled substances.”. (2) Section 3583 of title 18, United States Code, is amended by adding at the end thereof the following: “(g) Possession of Controlled Substances.— If the defendant is found by the court to be in the 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 supervised release.”. (c) Parole.— (1) Section 4209(a) of title 18, United States Code, is amended in the first sentence by inserting after “local crime” the following: “, that the parolee not possess illegal controlled substances.”. (2) Subsection (c) of section 4209 of title 18, United States Code, is amended by— (A) striking the dash and “(1)”; (B) striking the semicolon at the end of paragraph (1) and all of paragraph (2) and inserting a period; and (C) striking “subparagraph (1) or (2) of”. (3) Section 4214 of title 18, United States Code, is amended by adding at the end thereof the following: “(f) Notwithstanding any other provision of this section, a parolee who is found by the Commission to be in possession of a controlled substance shall have his parole revoked.”. (d) Effective Date.— The amendments made by this section shall note. apply with respect to persons whose probation, supervised release, or parole begins after December 31, 1988. SEC. 7304. DEMONSTRATION PROGRAM FOR DRUG TESTING OF ARRESTED PERSONS AND DEFENDANTS ON PROBATION OR SUPERVISED RELEASE. (a) Establishment.— The Director of the Administrative Office of the United States Courts shall establish a demonstration program of mandatory testing of criminal defendants. (b) Length of Program.— The demonstration program shall begin not later than January 1, 1989, and shall last two years. (c) Selection of Districts.— The Judicial Conference of the United States shall select 8 Federal judicial districts in which to carry out the demonstration program, so that the group selected represents a mix of districts on the basis of criminal caseload and the types of cases in that caseload. (d) Inclusion in Pretrial Services.— In each of the districts in which the demonstration program takes place, pretrial services under chapter 207 of title 18, United States Code, shall arrange for the drug testing of defendants in criminal cases. To the extent feasible, such testing shall be completed before the defendant makes the defendant’s initial appearance in the case before a judicial officer. The results of such testing shall be included in the report to the judicial officer under section 3154 of title 18, United States Code. (e) Mandatory Condition of Probation and Supervised Release.— In each of the judicial districts in which the demonstration program is in effect, it shall be an additional, mandatory condition of probation, and an additional mandatory condition of supervised release for offenses occurring or completed on or after January 1, 1989, for any defendant convicted of a felony, that such defendant refrain from any illegal use of any controlled substance (as defined in section 102 of the Controlled Substances Act) and submit to periodic drug tests for use of controlled substances at least once every 60 days. The requirement that drug tests be administered at least once every 60 days may be suspended upon motion of the Director of the Administrative Office, or the Director’s designee, if, after at least one year of probation or supervised release, the defendant has passed all drug tests administered pursuant to this section. No action may be taken against a defendant pursuant to a drug test administered in accordance with this subsection unless the drug test confirmation is a urine drug test confirmed using gas chromatography techniques or such test as the Secretary of Health and Human Services may determine to be of equivalent accuracy. (f) Report to Congress.— Not later than 90 days after the first year of the demonstration program and not later than 90 days after the end of the demonstration program, the Director of the Administrative Office of the United States Courts shall report to Congress on the effectiveness of the demonstration program and include in such report recommendations as to whether mandatory drug testing of defendants should be made more general and permanent. SEC. 7305. HOUSE PROBATION AS A CONDITION FOR PROBATION, PAROLE, OR SUPERVISED RELEASE. (a) Probation.— Section 3563(b) of title 18, United States Code, is amended by— (1) striking “or” after the semicolon in paragraph (19); (2) redesignating paragraph (20) as paragraph (21); and (3) inserting after paragraph (19) the following new paragraph: “(20) remain at his place of residence during nonworking hours and, if the court finds it appropriate, that compliance with this condition be monitored by telephonic or electronic signaling devices, except that a condition under this paragraph may be imposed only as an alternative to incarceration; or”. (b) Supervised Release.— (1) Section 3583(d) of title 18, United States Code, is amended in the matter following paragraph (3) by striking “(b)(19)” and inserting “(b)(20)”. (2) Section 3583(e) is amended by— (A) striking “or” at the end of paragraph (3); (B) striking the period at the end of paragraph (4) and inserting “; or”; and (C) inserting at the end the following new paragraph: “(5) order the person to remain at his place of residence during nonworking hours and, if the court so directs, to have compliance monitored by telephone or electronic signaling devices, except that an order under this paragraph may be imposed only as an alternative to incarceration.”. (c) Parole.— Section 4209(c) of title 18, United States Code, is amended to read as follows: “(c) Release on parole or release as if on parole (or probation, or supervised release where applicable) may as a condition of such release require— “(1) a parolee to reside in or participate in the program of a residential community treatment center, or both, for all or part of the period of such parole; or “(2) a parolee to remain at his place of residence during nonworking hours and, if the Commission so directs, to have compliance with this condition monitored by telephone or electronic signaling devices, except that a condition under this paragraph may be imposed only as an alternative to incarceration. A parolee residing in a residential community treatment center pursuant to paragraph (1) of this subsection may be required to pay such costs incident to such residence as the Commission deems appropriate.”. Subtitle H— Provisions Relating to Courts SEC. 7321. STATE JUSTICE INSTITUTE REAUTHORIZATION. (a) Authorization.— Section 215 of the State Justice Institute Act of 1984 (Public Law 98–620; 42 U.S.C. 10713) is amended to read as follows: “Sec. 215. There are authorized to be appropriated to carry out the purposes of this title $15,000,000 for fiscal year 1989, $15,000,000 for fiscal year 1990, $15,000,000 for fiscal year 1991, and $15,000,000 for fiscal year 1992.”. (b) Technical Amendments.— (1) Section 203(f) of the State Justice 42 USC 10702. Institute Act of 1984 is amended— (A) by striking out “, at least thirty days prior to their effective date,”; and (B) by adding to the end thereof the following: “The publication of a substantive rule shall not be made less than thirty days before the effective date of such rule, except as otherwise provided by the Institute for good cause found and published with the rule.”. (2) Section 205(d)(2) of the State Justice Institute Act of 1984 is amended by striking out “chapter 83” and inserting in lieu thereof “chapters 83 and 84”. (3) Section 206(c) of the State Justice Institute Act of 1984 is amended by— (A) inserting “judicial and” before “nonjudicial” in paragraph (3); (B) striking out paragraph (4); and (C) redesignating paragraphs (5) through (15) as paragraphs (4) through (14), respectively. (4) Section 206(d) of the State Justice Institute Act of 1984 is 42 USC 10705. amended by striking out “judicial system” and inserting in lieu thereof “court (or other unit of State or local government)”. SEC. 7322. SENTENCING JURISDICTION. Section 636(a) of title 28, United States Code, is amended by— (1) striking out “and” at the end of paragraph (2); (2) striking out the period at the end of paragraph (3) and inserting in lieu thereof “, and”; and (3) adding at the end thereof the following paragraph: “(4) the power to enter a sentence for a misdemeanor or infraction with the consent of the parties.”. SEC. 7323. CONSIDERATION OF HABEAS CORPUS REFORM LEGISLATION. (a) Introduction of Legislation by the Chairman of the Committee on the Judiciary of the Senate.— Beginning on the date the Chief Justice of the United States forwards to the Committees on the Judiciary of the Senate and the House of Representatives the report and recommendation of the Special Committee on Habeas Corpus Review of Capital Sentences, appointed by the Chief Justice of the United States and chaired by Justice Lewis Powell (hereafter in this section referred to as the “Special Committee”), the chairman of the Committee on the Judiciary of the Senate shall have 15 days of session thereafter to introduce a bill to modify Federal habeas corpus procedure after having faithfully considered the report and recommendations of the Special Committee. If no such bill is introduced by the chairman within the 15-day period, such bill may be introduced by the ranking minority Member of the committee within an additional 10 days of session. (b) Reporting of Legislation by the Committee on the Judiciary of the Senate.— (1) The bill introduced pursuant to subsection (a) shall be reported with or without recommendation by the Committee on the Judiciary of the Senate by the end of the 60th day of session after the submission of the report by the Chief Justice or the bill shall be discharged automatically from such committee and such bill shall be placed on the appropriate calendar of the Senate. (2) It is in order at any time after the 30th day of session after the bill has been placed on the calendar pursuant to paragraph (1), notwithstanding any rule or precedent of the Senate, including Rule 22, for any Member of the Senate to move to proceed to the consideration of the bill. The motion is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. Only one motion in the Senate shall be in order pursuant to this paragraph and such motion shall be decided by a roll call vote. (3) This subsection is enacted by Congress— (A) as an exercise of the rulemaking power of the Senate and as such it is deemed a part of the rules of the Senate, but applicable only with respect to the procedure to be followed in the Senate in the case of a bill described in paragraph (1), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (B) with full recognition of the constitutional right of the Senate to change the rules (so far as relating to the procedure of the Senate) at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate. (c) Report of the Special Committee.— The Special Committee is urged to expedite the filing of its report and to include options for legislative action among its findings. The House of Representatives shall give fair, appropriate, and expeditious consideration to the report of the Special Committee. Subtitle I— Provisions Relating to the Federal Bureau of Investigation SEC. 7331. AUTHORITY FOR THE FEDERAL BUREAU OF INVESTIGATION TO INVESTIGATE, UPON REQUEST, FELONIOUS KILLINGS OF STATE OR LOCAL LAW ENFORCEMENT OFFICERS. (a) Authority.— Chapter 33 of title 28, United States Code, is amended by adding at the end thereof the following new section: “§ 540. Investigation of felonious killings of State or local law enforcement officers “The Attorney General and the Federal Bureau of Investigation may investigate felonious killings of officials and employees of a State or political subdivision thereof while engaged in or on account of the performance of official duties relating to the prevention, detection, investigation, or prosecution of an offense against the criminal laws of a State or political subdivision, when such investigation is requested by the head of the agency employing the official or employee killed, and under such guidelines as the Attorney General or his designee may establish.”. (b) Conforming Amendments.— The table of sections of such chapter is amended by adding at the end thereof the following item: “540. Investigation of felonious killings of State or local law enforcement officers.”. SEC. 7332. UNIFORM FEDERAL CRIME REPORTING ACT OF 1988. (a) Short Title.— This section may be cited as the “Uniform Federal Crime Reporting Act of 1988”. (b) Definitions.— For purposes of this section, the term “Uniform Crime Reports” means the reports authorized under section 534 of title 28, United States Code, and administered by the Federal Bureau of Investigation which compiles nationwide criminal statistics for use in law enforcement administration, operation, and management and to assess the nature and type of crime in the United States. (c) Establishment of System.— (1) In general.— The Attorney General shall acquire, collect, classify, and preserve national data on Federal criminal offenses as part of the Uniform Crime Reports. (2) Reporting by federal agencies.— All departments and agencies within the Federal government (including the Department of Defense) which routinely investigate complaints of criminal activity, shall report details about crime within their respective jurisdiction to the Attorney General in a uniform manner and on a form prescribed by the Attorney General. The reporting required by this subsection shall be limited to the reporting of those crimes comprising the Uniform Crime Reports. (3) Distribution of data.— The Attorney General shall distribute data received pursuant to paragraph (2), in the form of annual Uniform Crime Reports for the United States, to the President, Members of the Congress, State governments, and officials of localities and penal and other institutions participating in the Uniform Crime Reports program. (d) Role of Federal Bureau of Investigation.— The Attorney General may designate the Federal Bureau of Investigation as the lead agency for purposes of performing the functions authorized by this section and may appoint or establish such advisory and oversight boards as may be necessary to assist the Bureau in ensuring uniformity, quality, and maximum use of the data collected. (e) Inclusion of Offenses Involving Illegal Drugs.— The Director of the Federal Bureau of Investigation is authorized to classify offenses involving illegal drugs and drug trafficking as a part I crime in the Uniform Crime Reports. (f) Authorization of Appropriations.— There are authorized to be appropriated $350,000 for fiscal year 1989 and such sums as may be necessary to carry out the provisions of this section after fiscal year 1989. (g) Effective Date.— The provisions of this section shall be effective on January 1, 1989. SEC. 7333. COLLEGE AND RAILROAD POLICE INFORMATION. Section 534 of title 28, United States Code, is amended by adding at the end thereof the following new subsection: “(d) For purposes of this section, the term ‘other institutions’ includes— “(1) railroad police departments which perform the administration of criminal justice and have arrest powers pursuant to a State statute, which allocate a substantial part of their annual budget to the administration of criminal justice, and which meet training requirements established by law or ordinance for law enforcement officers; and “(2) police departments of private colleges or universities which perform the administration of criminal justice and have arrest powers pursuant to a State statute, which allocate a substantial part of their annual budget to the administration of criminal justice, and which meet training requirements established by law or ordinance for law enforcement officers.”. Subtitle J— Provisions Relating to the Deportation of Aliens Who Commit Aggravated Felonies SEC. 7341. AMENDMENTS TO THE IMMIGRATION AND NATIONALITY ACT. Except as otherwise specifically provided in this subtitle, whenever in this subtitle an amendment or repeal is expressed as an amendment to, or repeal of, a provision, the reference shall be deemed to be made to the Immigration and Nationality Act. SEC. 7342. DEFINITION. Section 101(a) (8 U.S.C. 1101(a)) is amended by adding at the end thereof the following new paragraph: “(43) The term ‘aggravated felony’ means murder, any drug trafficking crime as defined in section 924(c)(2) of title 18, United States Code, or any illicit trafficking in any firearms or destructive devices as defined in section 921 of such title, or any attempt or conspiracy to commit any such act, committed within the United States.”. SEC. 7343. DEPORTATION OF ALIENS COMMITTING AGGRAVATED FELONIES. (a) Retention in Custody by the Attorney General.— Section 242(a) (8 U.S.C. 1252(a)) is amended— (1) in the second sentence, by striking out “Any” and inserting in lieu thereof “Except as provided in paragraph (2), any”; (2) by redesignating clauses (1), (2), and (3) as clauses (A), (B), and (C), respectively; (3) by inserting “(1)” immediately after “(a)”; and (4) by adding at the end thereof the following new paragraphs: “(2) The Attorney General shall take into custody any alien convicted of an aggravated felony upon completion of the alien’s sentence for such conviction. Notwithstanding subsection (a), the Attorney General shall not release such felon from custody. “(3) (A) The Attorney General shall devise and implement a system— “(i) to make available, daily (on a 24-hour basis), to Federal, State, and local authorities the investigative resources of the Service to determine whether individuals arrested by such authorities for aggravated felonies are aliens; “(ii) to designate and train officers and employees of the Service within each district to serve as a liaison to Federal, State, and local law enforcement and correctional agencies and courts with respect to the arrest, conviction, and release of any alien charged with an aggravated felony; and “(iii) which uses computer resources to maintain a current record of aliens who have been convicted of an aggravated felony and who have been deported; such record shall be made available to inspectors at ports of entry and to border patrol agents at sector headquarters for purposes of immediate identification of any such previously deported alien seeking to reenter the United States. “(B) The Attorney General shall submit reports to the Committees on the Judiciary of the House of Representatives and of the Senate at the end of the 6-month period and at the end of the 18-month period beginning on the effective date of this paragraph which describe in detail specific efforts made by the Attorney General to implement this paragraph.”. (b) Inapplicability of Voluntary Departure.— Section 244(e) (8 U.S.C. 1254(e)) is amended— (1) by striking out “(e) The” and inserting in lieu thereof “(e)(1) Except as provided in paragraph (2), the”; and (2) by adding at the end thereof the following new paragraph: “(2) The authority contained in paragraph (1) shall not apply to any alien who is deportable because of a conviction for an aggravated felony.”. (c) Applicability.— The amendments made by subsections (a) and (b) shall apply to any alien who has been convicted, on or after the date of the enactment of this Act, of an aggravated felony. SEC. 7344. GROUNDS OF DEPORTATION. (a) In General.— Section 241(a)(4) (8 U.S.C. 1251(a)(4)) is amended— (2) by inserting after the semicolon the following: “or (B) is convicted of an aggravated felony at any time after entry;”, (b) Applicability.— The amendments made by subsection (a) shall 8 USC 1251 note. apply to any alien who has been convicted, on or after the date of the enactment of this Act, of an aggravated felony. SEC. 7345. CRIMINAL PENALTIES FOR REENTRY OF CERTAIN DEPORTED ALIENS. (a) In General.— Section 276 (8 U.S.C. 1326) is amended— (1) by striking out “Any alien” and inserting in lieu thereof “(a) Subject to subsection (b), any alien”; and (2) by adding at the end thereof the following new subsection: “(b) Notwithstanding subsection (a), in the case of any alien described in such subsection— “(1) whose deportation was subsequent to a conviction for commission of a felony (other than an aggravated felony), such alien shall be fined under title 18, United States Code, imprisoned not more than 5 years, or both; or “(2) whose deportation was subsequent to a conviction for commission of an aggravated felony, such alien shall be fined under such title, imprisoned not more than 15 years, or both.”. (b) Applicability.— The amendments made by subsection (a) shall 8 USC 1326 note. apply to any alien who enters, attempts to enter, or is found in, the United States on or after the date of the enactment of this Act. SEC. 7346. CRIMINAL PENALTIES FOR AIDING OR ASSISTING CERTAIN ALIENS TO ENTER THE UNITED STATES. (a) In General.— Section 277 (8 U.S.C. 1327) is amended by inserting “(9), (10), (23) (insofar as an alien excludable under any such paragraph has in addition been convicted of an aggravated felony),” immediately after “212(a)”. (b) Applicability.— The amendment made by subsection (a) shall 8 USC 1327 note. apply to any aid or assistance which occurs on or after the date of the enactment of this Act. (c) Conforming Amendments.— (1) The section heading for such section is amended by striking out “subversive alien” and inserting in lieu thereof “certain aliens”. (2) The table of contents of such Act is amended by amending the item relating to section 277 to read as follows: “Sec. 277. Aiding or assisting certain aliens to enter the United States.”. SEC. 7347. EXPEDITED DEPORTATION PROCEEDINGS FOR ALIENS CONVICTED OF AGGRAVATED FELONIES. (a) Expedited Proceedings.— The Act is further amended by inserting after section 242 the following new section: “Sec. 242A. “expedited procedures for deportation of aliens convicted of committing aggravated felonies (a) In General.— The Attorney General shall provide 8 USC 1252a. for the availability of special deportation proceedings at certain Federal, State, and local correctional facilities for aliens convicted of aggravated felonies (as defined in section 101(a)(43). Such proceedings shall be conducted in conformity with section 242 (except as otherwise provided in this section), and in a manner which eliminates the need for additional detention at any processing center of the Service and in a manner which assures expeditious deportation, where warranted, following the end of the alien’s incarceration for the underlying sentence. “(b) Implementation.— With respect to an alien convicted of an aggravated felony who is taken into custody by the Attorney General pursuant to section 242(a)(2), the Attorney General shall, to the maximum extent practicable, detain any such felon at a facility at which other such aliens are detained. In the selection of such facility, the Attorney General shall make reasonable efforts to ensure that the alien’s access to counsel and right to counsel under section 292 are not impaired. “(c) Presumption of Deportability.— An alien convicted of an aggravated felony shall be conclusively presumed to be deportable from the United States. “(d) Expedited Proceedings.— (1) Notwithstanding any other provision of law, the Attorney General shall provide for the initiation and, to the extent possible, the completion of deportation proceedings, and any administrative appeals thereof, in the case of any alien convicted of an aggravated felony before the alien’s release from incarceration for the underlying aggravated felony.” “(2) Nothing in this section shall be construed as requiring the Attorney General to effect the deportation of any alien sentenced to actual incarceration, before release from the penitentiary or correctional institution where such alien is confined, unless the chief prosecutor or the judge in whose jurisdiction conviction occurred submits a written request to the Attorney General that such alien be so deported. “(e) Review.— (1) The Attorney General shall review and evaluate Reports. deportation proceedings conducted under this section. Within 12 months after the effective date of this section, the Attorney General shall submit a report to the Committees on the Judiciary of the House of Representatives and of the Senate concerning the effectiveness of such deportation proceedings in facilitating the deportation of aliens convicted of aggravated felonies. “(2) The Comptroller General shall monitor, review, and evaluate Reports. deportation proceedings conducted under this section. Within 18 months after the effective date of this section, the Comptroller General shall submit a report to such Committees concerning the extent to which deportation proceedings conducted under this section may adversely affect the ability of such aliens to contest deportation effectively.”. (b) Appeals.— Paragraph (1) of section 106(a) (8 U.S.C. 1105a(a)(1)) is amended to read as follows: “(1) a petition for review may be filed not later than 6 months after the date of the issuance of the final deportation order, or, in the case of an alien convicted of an aggravated felony, not later than 60 days after the issuance of such order;”. (c) Applicability.— The amendments made by subsections (a) and (b) shall apply in the case of any alien convicted of an aggravated felony on or after the date of the enactment of this Act. (d) Table of Contents.— The table of contents of such Act is further amended by inserting after the item relating to section 242 the following new item: “Sec. 242A. Expedited Procedures for deportation of aliens convicted of committing aggravated felonies.”. SEC. 7348. DEPORTATION FOR WEAPONS VIOLATION. (a) In General.— Section 241(a)(14) (8 U.S.C. 1251(a)(14)) is amended by inserting after “law” the following: “any firearm or destructive device (as defined in paragraphs (3) and (4)), respectively, of section 921(a) of title 18, United States Code, or any revolver or”. (b) Applicability.— The amendment made by subsection (a) shall 8 USC 1251 note. apply to any alien convicted, on or after the date of the enactment of this Act, of possessing any firearm or destructive device referred to in such subsection. SEC. 7349. BAR ON REENTRY OF ALIENS CONVICTED OF AGGRAVATED FELONIES. (a) In General.— Section 212(a)(17) (8 U.S.C. 1182(a)(17)) is amended by inserting “(or within ten years in the case of an alien convicted of an aggravated felony)” after “within five years”. (b) Applicability.— The amendment made by subsection (a) shall 8 USC 1182 note. apply to any alien convicted of an aggravated felony who seeks admission to the United States on or after the date of the enactment of this Act. SEC. 7350. IMMIGRATION AND NATURALIZATION SERVICE PERSONNEL ENHANCEMENT. (a) Pilot Program Regarding the Identification of Certain Aliens.— (1) Within 6 months after the effective date of this subtitle, the Attorney General shall establish, out of funds appropriated pursuant to subsection (c)(2), a pilot program in 4 cities to improve the capabilities of the Immigration and Naturalization Service (hereinafter in this section referred to as the “Service”) to respond to inquiries from Federal, State, and local law enforcement authorities concerning aliens who have been arrested for or convicted of, or who are the subject of any criminal investigation relating to, a violation of any law relating to controlled substances (other than an aggravated felony as defined in section 101(a)(43) of the Immigration and Nationality Act, as added by section 7342 of this subtitle). (2) At the end of the 12-month period after the establishment of such pilot program, the Attorney General shall provide for an evaluation of its effectiveness, including an assessment by Federal, State, and local prosecutors and law enforcement agencies. The Attorney General shall submit a report containing the Reports. conclusions of such evaluation to the Committees on the Judiciary of the House of Representatives and of the Senate within 60 days after the completion of such evaluation. (b) Hiring of Investigative Agents.— (1) Any investigative agent hired by the Attorney General for purposes of this section shall be employed exclusively to assist Federal, State, and local law enforcement agencies in combating drug trafficking and crimes of violence by aliens. (2) Any investigative agent hired under this section who is older than 35 years of age shall not be eligible for Federal retirement benefits made available to individuals who perform hazardous law enforcement activities. Subtitle K— United States Customs Service SEC. 7361. AUTHORIZATION OF APPROPRIATIONS FOR THE UNITED STATES CUSTOMS SERVICE. (a) In General.— (1) Paragraph (1) of section 301(b) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)) is amended to read as follows: “(1) For noncommercial operations.— There are authorized to be appropriated for fiscal year 1989 not to exceed $440,504,000 for the salaries and expenses of the United States Customs Service that are incurred in noncommercial operations, of which at least $26,240,000 shall be used to increase the number of customs inspectors for contraband enforcement teams and other drug interdiction personnel of the United States Customs Service to a number which exceeds the total number of such inspectors and personnel employed by the United States Customs Service on September 30, 1988, by the equivalent of at least 435 full-time employees, and for related equipment.”. (2) Subsection (b) of section 301 of the Customs Procedural Reform and Simplification Act of 1978 is amended— (A) by striking out “1988” in paragraphs (2) and (3) and inserting in lieu thereof “1989”, (B) by striking out “$615,000,000” in paragraph (2) and inserting in lieu thereof “$615,247,000”, (C) by striking out “$118,309,000” in paragraph (3) and inserting in lieu thereof “$142,262,000”, and (D) by adding at the end thereof the following new paragraph: “(4) Customs cooperation council.— There are authorized to be appropriated to the Secretary of the Treasury for fiscal year 1989, $1,600,000 for payment to the Customs Cooperation Council.”. (b) Increase in Number of Employees.— Subsection (g) of section 301 of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(g)) is amended by adding at the end thereof the following new paragraph: “(3) The total number of employees of the United States Customs Service shall be equivalent to at least 17,174 full-time employees.”. (c) Inconsistent Decisions of Customs Officers.— (1) The Secretary of the Treasury shall prescribe regulations that— (A) effect uniformity in— (i) decisions described in section 514(a) of the Tariff Act of 1930 (19 U.S.C. 1514(a)) that are made by customs officers with respect to the same, or substantially similar, merchandise, and (ii) decisions to conduct intensified inspections or examinations of merchandise at ports of entry, and (B) establish procedures that allow individuals described in section 514(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1514(c)(1)), any port authority, and any other interested party (within the meaning of section 516(a)(2) of the Tariff Act of 1930 (19 U.S.C. 1516(a)(2))) to petition the Secretary to obtain such uniformity in an expedited and timely fashion. (2) The Secretary of the Treasury shall publish in the Federal Federal Register, publication. Register and submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives the proposed and final form of the regulations prescribed under paragraph (1) and shall receive and consider comments from the public regarding the proposed form of such regulations during the 60-day period beginning on the date the proposed form of such regulations are published in the Federal Register. (3) The regulations prescribed under paragraph (1) shall take Effective date. effect by no later than April 1, 1989. (4) By no later than September 1, 1989, the Secretary of the Reports. Treasury shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on the effectiveness of the regulations prescribed under paragraph (1) and recommendations for permanent legislation addressing uniformity. SEC. 7362. UNITED STATES CUSTOMS SERVICE DRUG INTERDICTION ASSET ENHANCEMENT. In addition to any other amounts authorized to be appropriated Appropriation authorization. for fiscal year 1989, there are authorized to be appropriated for Operation and Maintenance, Air Interdiction Program for fiscal year 1989, $57,400,000: Provided, That such additional appropriation shall be available for the procurement of helicopters; tracking, and interceptor aircraft; and operation and maintenance expenses for these and other assets of the United States Customs Service’s air interdiction program. SEC. 7363. TRANSFER OF AIRCRAFT. The Secretary of the Treasury shall transfer to the office of the Indiana. sheriff of Marion County, Indiana, for use by that office for drug enforcement and prisoner transportation purposes, a light twin engine or high-performance single engine aircraft having a capacity of not less than 4 passengers that— (1) was forfeited to the United States under the customs laws; (2) is not transferred to any Federal agency or State or local law enforcement agency under section 616 of the Tariff Act of 1930; and (3) would, but for this section, be sold at public auction under section 609 of the Tariff Act of 1930. Section 616(d) of the Tariff Act of 1930 applies to the aircraft transferred under this section. SEC. 7364. CUSTOMS FORFEITURE FUND. Section 613A of the Tariff Act of 1930 (19 U.S.C. 1613b) is amended to read as follows: “SEC. 613A. CUSTOMS FORFEITURE FUND. “(a) In General.— “(1) There is established in the Treasury of the United States a fund to be known as the ‘Customs Forfeiture Fund’ (hereafter in this section referred to as the ‘Fund’), which shall be available to the United States Customs Service, subject to appropriation, with respect to seizures and forfeitures by the United States Customs Service and the United States Coast Guard under any law enforced or administered by those agencies for payment, or for reimbursement to the appropriation from which payment was made, for— “(A) all proper expenses of the seizure (including investigative costs incurred by the United States Customs Service leading to seizures) or the proceedings of forfeiture and sale, including, but not limited to, the expenses of inventory, security, and maintenance of custody of the property, advertisement and sale of the property, and if condemned by the court and a bond for such costs was not given, the costs as taxed by the court; “(B) awards of compensation to informers under section 619; “(C) satisfaction of— “(i) liens for freight, charges, and contributions in general average, notice of which has been filed with the appropriate customs officer according to law, and “(ii) other liens against forfeited property; “(D) amounts authorized by law with respect to remission and mitigation; and “(E) claims of parties in interest to property disposed of under section 612(b), in the amounts applicable to such claims at the time of seizure. “(2) Any payment made under subparagraph (C) or (D) of paragraph (1) with respect to a seizure or a forfeiture of property shall not exceed the value of the property at the time of the seizure. “(3) In addition to the purposes described in paragraph (1), the Fund shall be available for— “(A) purchases by the United States Customs Service of evidence of— “(i) smuggling of controlled substances, and “(ii) violations of the currency and foreign transaction reporting requirements of chapter 51 of title 31, United States Code, if there is a substantial probability that the violations of these requirements are related to the smuggling of controlled substances; “(B) equipment for any vessel, vehicle, or aircraft available for official use by the United States Customs Service to enable the vessel, vehicle, or aircraft to assist in law enforcement functions; “(C) the reimbursement, at the discretion of the Secretary, of private persons for expenses incurred by such persons in cooperating with the United States Customs Service in investigations and undercover law enforcement operations; “(D) publication of the availability of awards under section 619; “(E) equipment for any vessel, vehicle, or aircraft available for official use by a State or local law enforcement agency to enable the vessel, vehicle, or aircraft to assist in law enforcement functions if the conveyance will be used in joint law enforcement operations with the United States Customs Service; and “(F) payment of overtime salaries, travel, fuel, training, equipment, and other similar costs of State and local law enforcement officers that are incurred in joint law enforcement operations with the United States Customs Service. “(b) United States Coast Guard.— The Commissioner of Customs shall make available to the United States Coast Guard, from funds appropriated under subsection (f)(2) in excess of $10,000,000 for a fiscal year, proceeds in the Fund derived from seizures by the Coast Guard. Funds made available under this subsection may be used for— “(1) equipment for any vessel, vehicle, or aircraft available for official use by the United States Coast Guard to enable the vessel, vehicle, or aircraft to assist in law enforcement functions; “(2) equipment for any vessel, vehicle, equipment, or aircraft available for official use by a State or local law enforcement agency to enable the vessel, vehicle, or aircraft to assist in law enforcement functions if the conveyance will be used in joint law enforcement operations with the United States Coast Guard; “(3) payment of overtime salaries, travel, fuel, training, equipment, and other similar costs of State and local law enforcement officers that are incurred in joint law enforcement operations with the United States Coast Guard; and “(4) expenses incurred in bringing vessels into compliance with applicable environmental laws prior to disposal by sinking. “(c) Deposits.— There shall be deposited into the Fund all proceeds from forfeiture under any law enforced or administered by the United States Customs Service or the United States Coast Guard and all income from investments made under subsection (d). “(d) Investment.— Amounts in the Fund which are not currently needed for the purposes of this section shall be invested in obligations of, or guaranteed by, the United States. “(e) Annual Reports; Audits.— “(1) The Commissioner of Customs shall transmit to the Congress, by no later than February 1 of each fiscal year the following detailed reports: “(A) a report on— “(i) the estimated total value of property forfeited under any law enforced or administered by the United States Customs Service or the United States Coast Guard with respect to which funds were not deposited in the Fund during the previous fiscal year, and “(ii) the estimated total value of all such property transferred to any State or local law enforcement agency; and “(B) a report on— “(i) the balance of the Fund at the beginning of the preceding fiscal year; “(ii) sources of receipts (seized cash, conveyances, and others) of the Fund during the previous fiscal year; “(iii) liens and mortgages paid and amount of money shared with State and local law enforcement agencies during the previous fiscal year; “(iv) the net amount realized from the operations of the Fund during the previous fiscal year, the amount of seized cash being held as evidence, and the amount of money that has been carried over to the current fiscal year; “(v) any defendant’s equity in property valued at $1,000,000 or more; and “(vi) the balance of the Fund at the end of the previous fiscal year. “(2) The Fund shall be subject to annual financial audits conducted by the Comptroller General of the United States. “(f) Authorization of Appropriations.— “(1) There are hereby appropriated from the Fund such sums as may be necessary to carry out the purposes set forth in subsection (a)(1). “(2) There are authorized to be appropriated from the Fund not to exceed $20,000,000 for each fiscal year to carry out the purposes set forth in subsections (a)(3) and (b) for such fiscal year. “(3) At the end of each fiscal year, any unobligated amount in excess of $15,000,000 remaining in the Fund shall be deposited into the general fund of the Treasury of the United States.”. SEC. 7365. WARRANTS. Section 603 of the Tariff Act of 1930 (19 U.S.C. 1603) is amended— (1) by amending the section heading to read as follows: “SEC. 603. SEIZURE; WARRANTS AND REPORTS.”; and (2) by striking out “Whenever a seizure of merchandise” and inserting in lieu thereof the following: “(a) Any property which is subject to forfeiture to the United States for violation of the customs laws and which is not subject to search and seizure in accordance with the provisions of section 595 of this Act, may be seized by the appropriate officer or person upon process issued in the same manner as provided for a search warrant under the Federal Rules of Criminal Procedure. This authority is in addition to any seizure authority otherwise provided by law. “(b) Whenever a seizure of merchandise”. SEC. 7366. DISPOSITION OF FORFEITED PROPERTY. (a) Amendment.— Section 616(c) of the Tariff Act of 1930 (19 U.S.C. 1616a(c)) is amended to read as follows: “(c) (1) The Secretary of the Treasury may apply property forfeited under this Act in accordance with subparagraph (A) or (B), or both: “(A) Retain any of the property for official use. “(B) Transfer any of the property to any— “(i) other Federal agency; or “(ii) State or local law enforcement agency that participated directly or indirectly in the seizure or forfeiture of the property. “(2) The Secretary may transfer any forfeited personal property or the proceeds of the sale of any forfeited personal or real property to any foreign country which participated directly or indirectly in the seizure or forfeiture of the property, if such a transfer— “(A) has been agreed to by the Secretary of State; “(B) is authorized in an international agreement between the United States and the foreign country; and “(C) is made to a country which, if applicable, has been certified under section 481(h) of the Foreign Assistance Act of 1961.”. (b) Effective Date.— The amendment made by subsection (a) 19 USC 1616a note. applies with respect to property forfeited under the Tariff Act of note. 1930 on or after the date of the enactment of this Act. SEC. 7367. AMENDMENTS TO THE TARIFF ACT OF 1930. (a) Penalty for Failure To Declare.— Section 497(a)(2)(A) of the Tariff Act of 1930 (19 U.S.C. 1497), is amended by striking out “200 percent” and inserting in lieu thereof “1,000 percent”. (b) Effect of a Declaration of Forfeiture.— Section 609 of the Tariff Act of 1930 (19 U.S.C. 1609) is amended to read as follows. “SEC. 609. SEIZURE; SUMMARY FORFEITURE AND SALE. “(a) In General.— If no such claim is filed or bond given within the twenty days hereinbefore specified, the appropriate customs officer shall declare the vessel, vehicle, aircraft, merchandise, or baggage forfeited, and shall sell the same at public auction in the same manner as merchandise abandoned to the United States is sold or otherwise dispose of the same according to law, and shall deposit the proceeds of sale, after deducting the expenses described in section 613, into the Customs Forfeiture Fund. “(b) Effect.— A declaration of forfeiture under this section shall have the same force and effect as a final decree and order of forfeiture in a judicial forfeiture proceeding in a district court of the United States. Title shall be deemed to vest in the United States free and clear of any liens or encumbrances (except for first preferred ship mortgages pursuant to subsection O of section 30 of the Ship Mortgage Act, 1920 (46 U.S.C. App. 961) or any corresponding revision, consolidation, and enactment of such subsection in title 46, United States Code) from the date of the act for which the forfeiture was incurred. Officials of the various States, insular possessions, territories, and commonwealths of the United States shall, upon application of the appropriate customs officer accompanied by a certified copy of the declaration of forfeiture, remove any recorded liens or encumbrances which apply to such property and issue or reissue the necessary certificates of title, registration certificates, or similar documents to the United States or to any transferee of the United States.”. (c) Technical Corrections.— (1) Section 431(c)(1)(G) of the Tariff Act of 1930 (19 U.S.C. 1431(c)(1)(G)) is amended by striking out “or” and inserting in lieu thereof “of”. (2) Section 608 of the Tariff Act of 1930 (19 U.S.C. 1608) is amended to read as follows: “SEC. 608. SEIZURE; CLAIMS; JUDICIAL CONDEMNATION. “Any person claiming such vessel, vehicle, aircraft, merchandise, or baggage may at any time within twenty days from the date of the first publication of the notice of seizure file with the appropriate customs officer a claim stating his interest therein. Upon the filing of such claim, and the giving of a bond to the United States in the penal sum of $5,000 or 10 percent of the value of the claimed property, whichever is lower, but not less than $250, with sureties to be approved by such customs officer, conditioned that in case of condemnation of the articles so claimed the obligor shall pay all the costs and expenses of the proceedings to obtain such condemnation, such customs officer shall transmit such claim and bond, with a duplicate list and description of the articles seized, to the United States attorney for the district in which seizure was made, who shall proceed to a condemnation of the merchandise or other property in the manner prescribed by law.”. (3) Section 610 of the Tariff Act of 1930 (19 U.S.C. 1610) is amended to read as follows: “SEC. 610. SEIZURE; JUDICIAL FORFEITURE PROCEEDINGS. “If any vessel, vehicle, aircraft, merchandise, or baggage is not subject to section 607, the appropriate customs officer shall transmit a report of the case, with the names of available witnesses, to the United States attorney for the district in which the seizure was made for the institution of the proper proceedings for the condemnation of such property.”. (4) Section 612 of the Tariff Act of 1930 (19 U.S.C. 1612) is amended to read as follows: “SEC. 612. SEIZURE; SUMMARY SALE. “(a) Whenever it appears to the appropriate customs officer that any vessel, vehicle, aircraft, merchandise, or baggage seized under the customs laws is liable to perish or to waste or to be greatly reduced in value by keeping, or that the expense of keeping the same is disproportionate to the value thereof, and such vessel, vehicle, aircraft, merchandise, or baggage is subject to section 607, and such vessel, vehicle, aircraft, merchandise, or baggage has not been delivered under bond, such officer shall proceed forthwith to advertise and sell the same at auction under regulations to be prescribed by the Secretary of the Treasury. If such vessel, vehicle, aircraft, merchandise, or baggage is not subject to section 607, such officer shall forthwith transmit the appraiser’s return and his report of the seizure to the United States attorney, who shall petition the court to order an immediate sale of such vessel, vehicle, aircraft, merchandise, or baggage, and if the ends of justice require it the court shall order such immediate sale, the proceeds thereof to be deposited with the court to await the final determination of the condemnation proceedings. Whether such sale be made by the customs officer or by order of the court, the proceeds thereof shall be held subject to claims of parties in interest to the same extent as the vessel, vehicle, aircraft, merchandise, or baggage so sold would have been subject to such claim. “(b) If the expense of keeping the vessel, vehicle, aircraft, merchandise, or baggage is disproportionate to the value thereof, and such value is less than $1,000, such officer may proceed forthwith to order destruction or other appropriate disposition of such property, under regulations prescribed by the Secretary of the Treasury,”. (5) Section 589 of the Tariff Act of 1930 (19 U.S.C. 1589), as added by section 320 of the Comprehensive Forfeiture Act of 1984 (Public Law 98–473; 98 Stat. 2056), is hereby repealed. (6) Section 627 of the Tariff Act of 1930 (19 U.S.C. 1627), as added by section 302 of the Motor Vehicle Theft Law Enforcement Act of 1984 (98 Stat. 2771), is hereby repealed. SEC. 7368. CARGO CONTAINER DRUG DETECTION RESEARCH AND DEVELOPMENT. (a) Authorization of Appropriations.— In addition to any other amounts authorized to be appropriated for fiscal year 1989, there are authorized to be appropriated to the United States Customs Service for the fiscal year 1989, $4,100,000: Provided, That such additional appropriation shall be used only for accelerating the development and availability of X-ray detection, nitrate detection, or other technologies to be utilized for the detection, of illegal narcotics in cargo containers entering the United States at seaports, airports, and land borders. Up to $10,900,000 of funds appropriated under section 301(b)(1) of the Customs Procedural Reform and Simplification Act of 1978 may be used for the purpose set forth in this subsection. (b) Coordination.— The Commissioner of Customs shall coordinate and share the findings of the research and development authorized in subsection (a) with other Federal departments and agencies with possible mission requirements for such technology, including the Federal Aviation Administration and United States Coast Guard in the Department of Transportation; the Drug Enforcement Administration in the Department of Justice; and the appropriate State and local law enforcement agencies, including airport authorities, port authorities, and other interested parties. (c) Report.— The Commissioner of Customs shall report his findings in either classified, or unclassified form, to the appropriate Committees of Congress in conjunction with the President’s submission of his fiscal year 1990 Budget of the United States. SEC. 7369. STANDARDS OF CARE IN DISCOVERING CONTRABAND. (a) In General.— By no later than the date that is 120 days after the date of enactment of this Act and after an opportunity for public comment, the Secretary of the Treasury shall prescribe regulations which set forth criteria for use by the owner, master, pilot, operator, or officer of, or other employee in charge of, any common carrier in meeting the standards under sections 584(a)(2) and 594(c) of the Tariff Act of 1930 (19 U.S.C 1584(a)(2) and 1594(c)) for the exercise of the highest degree of care and diligence to know whether controlled substances imported into the United States are on board the common carrier. (b) Air Carrier Smuggling Prevention Program.— (1) The Secretary of the Treasury, in consultation with the Secretary of Transportation, shall issue controlled substances regulations for a 2-year demonstration program within 6 months after the date of the enactment of this Act. The regulations shall apply to at least three United States International Airports classified as high-risk by the United States Customs Service and based upon the volume of cargo and number of aircraft arriving from high-risk points of departure. Such regulations shall establish procedures for air carrier development and Customs Service approval of foreign and domestic security and inspection practices. The regulations shall permit air carriers to request the Secretary of the Treasury to permit air carriers, the Customs Service, or an approved agent of the Customs Service to inspect at United States airports of entry, and aircraft arriving from foreign locations. The Secretary of the Treasury shall approve such request if the applicant meets the requirements of the regulations. Taking into account all considerations of security, law enforcement, and commercial needs, inspections of aircraft and cargo shall be conducted and completed within a reasonable period of time. (2) Air carriers which have applied to the Secretary of the Treasury and which the Secretary determines to be in compliance with the regulations and inspection requirements promul-gated under paragraph (1) shall be considered participating air carriers. The Secretary of the Treasury shall establish by regulation a procedure for finding a carrier to be a participating carrier and procedures for subsequent removal of that status. The Secretary shall not remove an air carrier from the status of participating air carrier unless the Secretary has first provided to the air carrier a written notice that the air carrier is not in compliance with the regulations or inspection requirements promulgated under paragraph (1), which notice shall include the reasons for that determination, and has provided to the air carrier a reasonable opportunity to correct such noncompliance. (3) Participating air carriers shall be considered to have met the test of the highest degree of care and diligence required under law, and shall not be subject to the penalty or seizure provisions of the Tariff Act of 1930, if a controlled substance is discovered aboard an aircraft that they may own or operate or in the cargo they carried, if the participating air carrier establishes at an oral presentation that the air carrier was not grossly negligent nor engaged in willful misconduct, and complied with the applicable procedures established in the regulations promulgated under paragraph (1). (4) For the purpose of this subsection, the term “air carrier” means an air carrier or foreign air carrier as those terms are defined in section 101 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1301). (5) No provision of this section shall have any effect on air transportation security requirements prescribed pursuant to the Federal Aviation Act of 1958. SEC. 7370. COMMENDATION OF UNITED STATES CUSTOMS SERVICE. (a) Findings.— The Congress finds that— (1) on October 11, 1988, the United States Customs Service announced the results of Operation C-Chase, a 2-year investigation of the Bank of Credit and Commerce International and its top managers; (2) this investigation culminated in simultaneous arrest, search and seizure warrants in the United States, France, and the United Kingdom; (3) Operation C-Chase is the first indictment of an international financial institution for laundering illegal narcotics proceeds; and (4) Operation C-Chase ended in 39 arrests, including of Amjad Awan—General Manuel Antonio Noriega’s personal banker—and other alleged international drug and money laundering kingpins known as Gonzalo Mora, Jr., Roberto Alcaino, and Don Chepe, some of whom are intimately tied to the Medellin Cartel. (b) Commendation by the Congress.— The Congress— (1) commends Commissioner William von Raab, for his outstanding leadership and dedication over the last 7 years as Commissioner of the United States Customs Service, and specifically for his direction of Operation C-Chase; (2) commends and expresses its gratitude to the undercover agents involved in Operation C-Chase, who risked their lives and well-being for the sake of combatting the international drug trade; and (3) expresses its appreciation for the efforts of Special Agent in Charge Bonni Tischler of the Customs Service, and all other United States Customs officials who participated in Operation C-Chase. (c) Transmittal.— The Secretary of the Senate is directed to transmit copies of this section to President Reagan, Commissioner von Raab, and Special Agent Tischler. Subtitle L— Coast Guard Drug Law Enforcement SEC. 7401. AUTHORITY AND PROTECTION OF COMMANDING OFFICERS ON NAVAL VESSELS TO WHICH COAST GUARD PERSONNEL ARE ASSIGNED. (a) In General.— Section 637 of title 14, United States Code, is amended to read as follows: “§ 637. Stopping vessels; immunity for firing at or into vessel “(a) Whenever any vessel liable to seizure or examination does not stop on being ordered to do so or on being pursued by an authorized vessel or authorized aircraft which has displayed the ensign, pennant, or other identifying insignia prescribed for an authorized vessel or authorized aircraft, the person in command or in charge of the authorized vessel or authorized aircraft may, after a gun has been fired by the authorized vessel or authorized aircraft as a warning signal, fire at or into the vessel which does not stop. “(b) The person in command of an authorized vessel or authorized aircraft and all persons acting under that person’s direction shall be indemnified from any penalties or actions for damages for firing at or into a vessel pursuant to subsection (a). If any person is killed or wounded by the firing, and the person in command of the authorized vessel or authorized aircraft or any person acting pursuant to their orders is prosecuted or arrested therefor, they shall be forthwith admitted to bail. “(c) A vessel or aircraft is an authorized vessel or authorized aircraft for purposes of this section if— “(1) it is a Coast Guard vessel or aircraft; or “(2) it is a surface naval vessel on which one or more members of the Coast Guard are assigned pursuant to section 379 of title 10.”. (b) Conforming Amendment.— The item relating to section 637 in the table of sections at the beginning of chapter 17 of title 14, United States Code, is amended to read as follows: “637. Stopping vessels; immunity for firing at or into vessel.” SEC. 7402. MARITIME DRUG LAW ENFORCEMENT ACT AMENDMENTS. (a) Section 3(a) Amendment.— Section 3(a) of the Act entitled “An Act to facilitate increased enforcement by the Coast Guard of laws relating to the importation of controlled substances, and for other purposes”, approved September 15, 1980 (46 U.S.C. App. 1903(a)), is amended by inserting after “jurisdiction of the United States,” the following: “or who is a citizen of the United States or a resident alien of the United States on board any vessel,”. (b) Section 3(b) Amendment.— Section 3(b)(2) of such Act (46 U.S.C. App. 1903(b)(2)) is amended by inserting after “High Seas” the following: “and a claim of nationality or registry for the vessel is made by the master or individual in charge at the time of the enforcement action by an officer or employee of the United States authorized to enforce applicable provisions of United States law”. SEC. 7403. COAST GUARD LAW ENFORCEMENT DUTIES. Section 2 of title 14, United States Code, is amended by striking “United States;” the first place it appears and inserting in lieu thereof “United States; shall engage in maritime air surveillance or interdiction to enforce or assist in the enforcement of the laws of the United States;”. SEC. 7404. GREAT LAKES DRUG INTERDICTION. (a) Interagency Agreement.— The Secretary of Transportation and the Secretary of the Treasury shall enter into an agreement for the purpose of increasing the effectiveness of maritime drug interdiction activities of the Coast Guard and the Customs Service in the Great Lakes area. (b) Negotiations With Canada on Drug Enforcement Cooperation.— The Secretary of State is encouraged to enter into negotiations with appropriate officials of the Government of Canada for the purpose of establishing an agreement between the United States and Canada which provides for increased cooperation and sharing of information between United States and Canadian law enforcement officials with respect to law enforcement efforts conducted on the Great Lakes between the United States and Canada. SEC. 7405. AUTHORIZATION OF APPROPRIATIONS. (a) Additional Authorization of Appropriations for the Coast Guard.— (1) Acquisition, construction, and improvements.— Subject to subsection (c), there are authorized to be appropriated for acquisition, construction, and improvements of the Coast Guard $200,000,000 for fiscal year 1989, to remain available until expended. (2) Operating Expenses.— Subject to subsection (c), there are authorized to be appropriated for operating expenses of the Coast Guard $80,000,000 for fiscal year 1989 and $20,000,000 for each of fiscal years 1990, 1991, and 1992, to remain available until expended. Amounts appropriated pursuant to this paragraph shall be used to increase by 500 the full-time equivalent strength level for the Coast Guard for active duty personnel for fiscal years 1989, 1990, 1991, and 1992, and to procure, enhance, relocate, operate, and maintain vessels, aircraft, radar, equipment, and structures by the Coast Guard for drug interdiction purposes. (b) Amounts in Addition to Other Amounts.— Amounts and personnel authorized by this section are in addition to any other amounts or personnel strengths authorized for the Coast Guard for any fiscal year. (c) Authorization Enhancement.— Nothing in this Act shall authorize the Coast Guard to recruit, compensate, train, purchase, or deploy any personnel or equipment except to the extent that— (1) additional appropriations are made available in appropriations Acts for that purpose; or (2) funds are transferred to the Secretary of Transportation for that purpose pursuant to this Act. Subtitle M— INTERPOL Provisions SEC. 7451. AUTHORIZATION TO ACCEPT MONEY, GOODS, AND SERVICES FOR THE INTERPOL CONFERENCE AND FOR A COMMEMORATIVE GIFT TO THE INTERPOL GENERAL SECRETARIAT. (a) Interpol Conference.— Notwithstanding the provisions of section 1342 of title 31, United States Code, the Attorney General is hereby authorized to accept, receive, hold, and administer on behalf of the United States, gifts of money, personal property and services, for the purpose of hosting the International Criminal Police Organization’s (INTERPOL) American Regional Conference in the United States in May and June of 1989. (b) Commemorative Gift.— The Attorney General is authorized to accept, receive, hold, and administer on behalf of the United States, gifts of money, personal property and services, for the purpose of making a commemorative gift, the value of which shall not exceed $10,000 without the prior concurrence of the Secretary of State, to the INTERPOL General Secretariat on the opening of its headquarters in Lyon, France. (c) Use of Moneys Received.— All moneys received for the purposes provided in this section shall be credited to the appropriation “Salaries and Expenses, general legal activities” for fiscal year 1989. The Attorney General shall use such amounts as he deems necessary to pay expenses of such commemorative gift and hosting such conference, including (but not limited to) reception and representation expenses. The authority of the Attorney General under this section shall continue through September 30, 1989. Subtitle N— Child Pornography and Obscenity SEC. 7501. SHORT TITLE. This subtitle may be cited as the “Child Protection and Obscenity Enforcement Act of 1988”. CHAPTER 1— CHILD PORNOGRAPHY SEC. 7511. AMENDMENTS TO EXISTING OFFENSES. (a) Sexual Exploitation of Children.— Paragraph (2) of subsection 2251(c) of title 18, United States Code, is amended by inserting “by any means including by computer” after “interstate or foreign commerce” both places it appears. (b) Material Involving Sexual Exploitation of Children.— Subsection 2252(a) of title 18, United States Code, is amended by inserting “by any means including by computer” after “interstate or foreign commerce” each place it appears. (c) Definition.— Section 2256 of title 18, United States Code, is amended— (1) by striking out “and” at the end of paragraph (4); (2) by striking out the period at the end of paragraph (5) and inserting in lieu thereof: “; and”; and (3) by adding at the end the following: “(6) ‘computer’ has the meaning given that term in section 1030 of this title.”. SEC. 7512. SELLING OR BUYING OF CHILDREN. (a) In General.— Chapter 110 of title 18, United States Code, is amended by inserting after section 2251 the following: “§ 2251A. Selling or buying of children “(a) Any parent, legal guardian, or other person having custody or control of a minor who sells or otherwise transfers custody or control of such minor, or offers to sell or otherwise transfer custody of such minor either— “(1) with knowledge that, as a consequence of the sale or transfer, the minor will be portrayed in a visual depiction engaging in, or assisting another person to engage in, sexually explicit conduct; or “(2) with intent to promote either— “(A) the engaging in of sexually explicit conduct by such minor for the purpose of producing any visual depiction of such conduct; or “(B) the rendering of assistance by the minor to any other person to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct; shall be punished by imprisonment for not less than 20 years or for life and by a fine under this title, if any of the circumstances described in subsection (c) of this section exist. “(b) Whoever purchases or otherwise obtains custody or control of a minor, or offers to purchase or otherwise obtain custody or control of a minor either— “(1) with knowledge that, as a consequence of the purchase or obtaining of custody, the minor will be portrayed in a visual depiction engaging in, or assisting another person to engage in, sexually explicit conduct; or “(2) with intent to promote either— “(A) the engaging in of sexually explicit conduct by such minor for the purpose of producing any visual depiction of such conduct; or “(B) the rendering of assistance by the minor to any other person to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct; shall be punished by imprisonment for not less than 20 years or for life and by a fine under this title, if any of the circumstances described in subsection (c) of this section exist. “(c) The circumstances referred to in subsections (a) and (b) are that— “(1) in the course of the conduct described in such subsections the minor or the actor traveled in or was transported in interstate or foreign commerce; “(2) any offer described in such subsections was communicated or transported in interstate or foreign commerce by any means including by computer or mail; or “(3) the conduct described in such subsections took place in any territory or possession of the United States.”. (b) Definition.— Section 2256 of title 18, United States Code, as amended by section 201 of this Act, is further amended— (1) by striking out “and” at the end of paragraph (5); (2) by striking out the period at the end of paragraph (6) and inserting “; and” in lieu thereof; and (3) by adding at the end the following: “(7) ‘custody or control’ includes temporary supervision over or responsibility for a minor whether legally or illegally obtained.”. (c) Clerical Amendment.— The table of sections at the beginning of chapter 110 of title 18, United States Code, is amended by inserting after the item relating to section 2251 the following: “2251A. Selling or buying of children.”. SEC. 7513. RECORD KEEPING REQUIREMENTS. (a) In General.— Chapter 110 of title 18, United States Code, is amended by adding at the end thereof the following: “§ 2257. Record keeping requirements “(a) Whoever produces any book, magazine, periodical, film, videotape, or other matter which— “(1) contains one or more visual depictions made after February 6, 1978 of actual sexually explicit conduct; and “(2) is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce; shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction. “(b) Any person to whom subsection (a) applies shall, with respect to every performer portrayed in a visual depiction of actual sexually explicit conduct— “(1) ascertain, by examination of an identification document containing such information, the performer’s name and date of birth, and require the performer to provide such other indicia of his or her identity as may be prescribed by regulations; “(2) ascertain any name, other than the performer’s present and correct name, ever used by the performer including maiden name, alias, nickname, stage, or professional name; and “(3) record in the records required by subsection (a) the information required by paragraphs (1) and (2) of this subsection and such other identif3dng information as may be prescribed by regulation. “(c) Any person to whom subsection (a) applies shall maintain the Regulations. records required by this section at his business premises, or at such other place as the Attorney General may by regulation prescribe and shall make such records available to the Attorney General for inspection at all reasonable times. “(d) (1) No information or evidence obtained from records required to be created or maintained by this section shall, except as provided in paragraphs (2) and (3), be used, directly or indirectly, as evidence against any person with respect to any violation of law. “(2) Paragraph (1) of this subsection shall not preclude the use of such information or evidence in a prosecution or other action for a violation of any applicable provision of law with respect to the furnishing of false information. “(3) In a prosecution of any person to whom subsection (a) applies for an offense in violation of subsection 2251(a) of this title which has as an element the production of a visual depiction of a minor engaging in or assisting another person to engage in sexually explicit conduct and in which that element is sought to be established by showing that a performer within the meaning of this section is a minor— “(A) proof that the person failed to comply with the provisions of subsection (a) or (b) of this section concerning the creation and maintenance of records, or a regulation issued pursuant thereto, shall raise a rebuttable presumption that such performer was a minor; and “(B) proof that the person failed to comply with the provisions of subsection (e) of this section concerning the statement required by that subsection shall raise the rebuttable presumption that every performer in the matter was a minor. “(e) (1) Any person to whom subsection (a) applies shall cause to be affixed to every copy of any matter described in paragraph (1) of subsection (a) of this section, in such manner and in such form as the Attorney General shall by regulations prescribe, a statement describing where the records required by this section with respect to all performers depicted in that copy of the matter may be located. “(2) If the person to whom subsection (a) of this section applies is an organization the statement required by this subsection shall include the name, title, and business address of the individual employed by such organization responsible for maintaining the records required by this section. “(3) In any prosecution of a person for an offense in violation of section 2252 of this title which has as an element the transporting, mailing, or distribution of a visual depiction involving the use of a minor engaging in sexually explicit conduct, and in which that element is sought to be established by a showing that a performer within the meaning of this section is a minor, proof that the matter in which the visual depiction is contained did not contain the statement required by this section shall raise a rebuttable presumption that such performer was a minor. “(f) The Attorney General shall issue appropriate regulations to carry out this section. “(g) As used in this section— “(1) the term ‘actual sexually explicit conduct’ means actual but not simulated conduct as defined in subparagraphs (A) through (E) of paragraph (2) of section 2256 of this title; “(2) ‘identification document’ has the meaning given that term in subsection 1028(d) of this title; “(3) the term ‘produces’ means to produce, manufacture, or publish and includes the duplication, reproduction, or reissuing of any material; and “(4) the term ‘performer’ includes any person portrayed in a visual depiction engaging in, or assisting another person to engage in, actual sexually explicit conduct.”. (b) Clerical Amendment.— The table of sections at the beginning of chapter 110 of title 18, United States Code, is amended by adding after the item relating to section 2256 the following: “2257. Record keeping requirements.”. (c) Effective Date.— Section 2257 of title 18, United States Code, note. as added by this section shall take effect 180 days after the date of the enactment of this Act except— (1) the Attorney General shall prepare the initial set of regulations required or authorized by section 2257 within 90 days of the date of the enactment of this Act; and (2) subsection (e) of section 2257 of such title and of any regulation issued pursuant thereto shall take effect 270 days after the date of the enactment of this Act. SEC. 7514. R.I.C.O. AMENDMENT. Subsection 1961(1)(B) of title 18, United States Code, is amended by inserting after “section 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity)” the following: “sections 2251 through 2252 (relating to sexual exploitation of children),”. CHAPTER 2— OBSCENITY SEC. 7521. ENGAGING IN THE BUSINESS OF SELLING OR TRANSFERRING OBSCENE MATTER. (a) In General.— Chapter 71 of title 18, United States Code, is amended by inserting after section 1465 the following: “§ 1466. Engaging in the business of selling or transferring obscene matter “(a) Whoever is engaged in the business of selling or transferring obscene matter, who knowingly receives or possesses with intent to distribute any obscene book, magazine, picture, paper, film, videotape, or phonograph or other audio recording, which has been shipped or transported in interstate or foreign commerce, shall be punished by imprisonment for not more than 5 years or by a fine under this title, or both. “(b) As used in this subsection, the term ‘engaged in the business’ means that the person who sells or transfers or offers to sell or transfer obscene matter devotes time, attention, or labor to such activities, as a regular course of trade or business, with the objective of earning a profit, although it is not necessary that the person make a profit or that the selling or transferring or offering to sell or transfer such material be the person’s sole or principal business or source of income. The offering for sale of or to transfer, at one time, two or more copies of any obscene publication, or two or more of any obscene article, or a combined total of five or more such publications and articles, shall create a rebuttable presumption that the person so offering them is ‘engaged in the business’ as defined in subsection (b).”. (b) Clerical Amendment.— The table of sections at the beginning of chapter 71 of title 18, United States Code, is amended by adding after the item relating to section 1465 the following: “1466. Engaging in the business of selling or transferring obscene matter. “1467. Criminal forfeiture.”. (c) Travel in Commerce.— The first paragraph of section 1465 of title 18, United States Code, is amended by inserting after the word distribution: “, or knowingly travels in interstate commerce, or uses a facility or means of interstate commerce for the purpose of transporting obscene material in interstate or foreign commerce,”. (d) Presumptions.— Chapter 71 of title 18, United States Code, as amended by subsection (a) of this section and by section 302, is further amended by adding at the end the following: “§ 1469. Presumptions “(a) In any prosecution under this chapter in which an element of the offense is that the matter in question was transported, shipped, or carried in interstate commerce, proof, by either circumstantial or direct evidence, that such matter was produced or manufactured in one State and is subsequently located in another State shall raise a rebuttable presumption that such matter was transported, shipped, or carried in interstate commerce. “(b) In any prosecution under this chapter in which an element of the offense is that the matter in question was transported, shipped, or carried in foreign commerce, proof, by either circumstantial or direct evidence, that such matter was produced or manufactured outside of the United States and is subsequently located in the United States shall raise a rebuttable presumption that such matter was transported, shipped, or carried in foreign commerce.”. (f) Clerical Amendment.— The table of sections at the beginning of chapter 71 of title 18, United States Code, is amended by adding after the item relating to section 1468 the following: “1469. Presumptions.”. SEC. 7522. FORFEITURE IN OBSCENITY CASES. (a) In General.— Chapter 71 of title 18, United States Code, is amended by adding at the end the following: “§ 1467. Criminal forfeiture “(a) Property Subject to Criminal Forfeiture.— A person who is convicted of an offense involving obscene material under this chapter shall forfeit to the United States such person’s interest in— “(1) any obscene material produced, transported, mailed, shipped, or received in violation of this chapter; “(2) any property, real or personal, constituting or traceable to gross profits or other proceeds obtained from such offense; and “(3) any property, real or personal, used or intended to be used to commit or to promote the commission of such offense, if the court in its discretion so determines, taking into consideration the nature, scope, and proportionality of the use of the property in the offense. “(b) Third Party Transfers.— All right, title, and interest in property described in subsection (a) of this section vests in the United States upon the commission of the act giving rise to forfeiture under this section. Any such property that is subsequently transferred to a person other than the defendant may be the subject of a special verdict of forfeiture and thereafter shall be ordered forfeited to the United States, unless the transferee establishes in a hearing pursuant to subsection (m) of this section that he is a bona fide purchaser for value of such property who at the time of purchase was reasonably without cause to believe that the property was subject to forfeiture under this section. “(c) Protective Orders.— (1) Upon application of the United States, the court may enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take any other action to preserve the availability of property described in subsection (a) of this section for forfeiture under this section— “(A) upon the filing of an indictment or information charging a violation of this chapter for which criminal forfeiture may be ordered under this section and alleging that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this section; or “(B) prior to the filing of such an indictment or information, if, after notice to persons appearing to have an interest in the property and opportunity for a hearing, the court determines that— “(i) there is a substantial probability that the United States will prevail on the issue of forfeiture and that failure to enter the order will result in the property being destroyed, removed from the jurisdiction of the court, or otherwise made unavailable for forfeiture; and “(ii) the need to preserve the availability of the property through the entry of the requested order outweighs the hardship on any party against whom the order is to be entered; except that an order entered under subparagraph (B) shall be effective for not more than 90 days, unless extended by the court for good cause shown or unless an indictment or information described in subparagraph (A) has been filed. “(2) A temporary restraining order under this subsection may be entered upon application of the United States without notice or opportunity for a hearing when an information or indictment has not yet been filed with respect to the property, if the United States demonstrates that there is probable cause to believe that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this section and that provision of notice will jeopardize the availability of the property for forfeiture. Such a temporary order shall expire not more than 10 days after the date on which it is entered, unless extended for good cause shown or unless the party against whom it is entered consents to an extension for a longer period. A hearing requested concerning an order entered under this paragraph shall be held at the earliest possible time and prior to the expiration of the temporary order. “(3) The court may receive and consider, at a hearing held pursuant to this subsection, evidence and information that would be inadmissible under the Federal Rules of Evidence. “(d) Warrant of Seizure.— The Government may request the issuance of a warrant authorizing the seizure of property subject to forfeiture under this section in the same manner as provided for a search warrant. If the court determines that there is probable cause to believe that the property to be seized would, in the event of conviction, be subject to forfeiture and that an order under subsection (c) of this section may not be sufficient to assure the availability of the property for forfeiture, the court shall issue a warrant authorizing the seizure of such property. “(e) Order of Forfeiture.— The court shall order forfeiture of property referred to in subsection (a) if— “(1) the trier of fact determines, beyond a reasonable doubt, that such property is subject to forfeiture; and “(2) with respect to property referred to in subsection (a)(3), if the court exercises the court’s discretion under that subsection. “(f) Execution.— Upon entry of an order of forfeiture under this section, the court shall authorize the Attorney General to seize all property ordered forfeited upon such terms and conditions as the court shall deem proper. Following entry of an order declaring the property forfeited, the court may, upon application of the United States, enter such appropriate restraining orders or injunctions, require the execution of satisfactory performance bonds, appoint receivers, conservators, appraisers, accountants, or trustees, or take any other action to protect the interest of the United States in the property ordered forfeited. Any income accruing to or derived from property ordered forfeited under this section may be used to offset ordinary and necessary expenses to the property which are required by law, or which are necessary to protect the interests of the United States or third parties. “(g) Disposition of Property.— Following the seizure of property ordered forfeited under this section, the Attorney General shall destroy or retain for official use any property described in paragraph (1) of subsection (a) and shall direct the disposition of any property described in paragraph (2) or (3) of subsection (a) by sale or any other commercially feasible means, making due provision for the rights of any innocent persons. Any property right or interest not exercisable by, or transferable for value to, the United States shall expire and shall not revert to the defendant, nor shall the defendant or any person acting in concert with him or on his behalf be eligible to purchase forfeited property at any sale held by the United States. Upon application of a person, other than the defendant or person acting in concert with him or on his behalf, the court may restrain or stay the sale or disposition of the property pending the conclusion of any appeal of the criminal case giving rise to the forfeiture, if the applicant demonstrates that proceeding with the sale or disposition of the property will result in irreparable injury, harm, or loss to him. “(h) Authority of Attorney General.— With respect to property ordered forfeited under this section, the Attorney General is authorized to— “(1) grant petitions for mitigation or remission of forfeiture, restore forfeited property to victims of a violation of this chapter, or take any other action to protect the rights of innocent persons which is in the interest of justice and which is not inconsistent with the provisions of this section; “(2) comprise claims arising under this section; “(3) award compensation to persons providing information resulting in a forfeiture under this section; “(4) direct the disposition by the United States, in accordance with the provisions of section 1616, title 19, United States Code, of all property ordered forfeited under this section by public sale or any other commercially feasible means, making due provision for the rights of innocent persons; and “(5) take appropriate measures necessary to safeguard and maintain property ordered forfeited under this section pending its disposition. “(i) Bar on Intervention.— Except as provided in subsection (1) of this section, no party claiming an interest in property subject to forfeiture under this section may— “(1) intervene in a trial or appeal of a criminal case involving the forfeiture of such property under this section; or “(2) commence an action at law or equity against the United States concerning the validity of his alleged interest in the property subsequent to the filing of an indictment or information alleging that the property is subject to forfeiture under this section. “(j) Jurisdiction To Enter Orders.— The district courts of the United States shall have jurisdiction to enter orders as provided in this section without regard to the location of any property which may be subject to forfeiture under this section or which has been ordered forfeited under this section. “(k) Depositions.— In order to facilitate the identification and location of property declared forfeited and to facilitate the disposition of petitions for remission or mitigation of forfeiture, after the entry of an order declaring property forfeited to the United States, the court may, upon application of the United States, order that the testimony of any witness relating to the property forfeited be taken by deposition and that any designated book, paper, document, record, recording, or other material not privileged be produced at the same time and place, in the same manner as provided for the taking of depositions under Rule 15 of the Federal Rules of Criminal Procedure. “(l) Third Party Interests.— (1) Following the entry of an order of forfeiture under this section, the United States shall publish notice of the order and of its intent to dispose of the property in such manner as the Attorney General may direct. The Government may also, to the extent practicable, provide direct written notice to any person known to have alleged an interest in the property that is the subject of the order of forfeiture as a substitute for published notice as to those persons so notified. “(2) Any person, other than the defendant, asserting a legal interest in property which has been ordered forfeited to the United States pursuant to this section may, within 30 days of the final publication of notice or his receipt of notice under paragraph (1), whichever is earlier, petition the court for a hearing to adjudicate the validity of his alleged interest in the property. The hearing shall be held before the court alone, without a jury. “(3) The petition shall be signed by the petitioner under penalty of perjury and shall set forth the nature and extent of the petitioner’s right, title, or interest in the property, the time and circumstances of the petitioner’s acquisition of the right, title, or interest in the property, any additional facts supporting the petitioner’s claim, and the relief sought. “(4) The hearing on the petition shall, to the extent practicable and consistent with the interests of justice, be held within 30 days of the filing of the petition. The court may consolidate the hearing on the petition with a hearing on any other petition filed by a person other than the defendant under this subsection. “(5) At the hearing, the petitioner may testify and present evidence and witnesses on his own behalf, and cross-examine witnesses who appear at the hearing. The United States may present evidence and witnesses in rebuttal and in defense of its claim to the property and cross-examine witnesses who appear at the hearing. In addition to testimony and evidence presented at the hearing, the court shall consider the relevant portions of the record of the criminal case which resulted in the order of forfeiture. “(6) If, after the hearing, the court determines that the petitioner has established by a preponderance of the evidence that— “(A) the petitioner has a legal right, title, or interest in the property, and such right, title, or interest renders the order of forfeiture invalid in whole or in part because the right, title, or interest was vested in the petitioner rather than the defendant or was superior to any right, title, or interest of the defendant at the time of the commission of the acts which gave rise to the forfeiture of the property under this section; or “(B) the petitioner is a bona fide purchaser for value of the right, title, or interest in the property and was at the time of purchase reasonably without cause to believe that the property was subject to forfeiture under this section; the court shall amend the order of forfeiture in accordance with its determination. “(7) Following the court’s disposition of all petitions filed under this subsection, or if no such petitions are filed following the expiration of the period provided in paragraph (2) for the filing of such petitions, the United States shall have clear title to property that is the subject of the order of forfeiture and may warrant good title to any subsequent purchaser or transferee. “(m) Construction.— This section shall be liberally construed to effectuate its remedial purposes. “(n) Substitute Assets.— If any of the property described in subsection (a), as a result of any act or omission of the defendant— “(1) cannot be located upon the exercise of due diligence; “(2) has been transferred or sold to, or deposited with, a third party; “(3) has been placed beyond the jurisdiction of the court; “(4) has been substantially diminished in value; or “(5) has been commingled with other property which cannot be divided without difficulty; the court shall order the forfeiture of any other property of the defendant up to the value of any property described in paragraphs (1) through (5).”. (b) Repeal.— The last paragraph of section 1465 of title 18, United States Code, is repealed. (c) Sexual Abuse of Children.— Sections 2253 through 2254 of title 18, United States Code, are amended to read as follows: “§ 2253. Criminal forfeiture “(a) Property Subject to Criminal Forfeiture.— A person who is convicted of an offense under this chapter involving a visual depiction described in sections 2251, 2251A, or 2252 of this chapter shall forfeit to the United States such person’s interest in— “(1) any visual depiction described in sections 2251, 2251A, or 2252 of this chapter, or any book, magazine, periodical, film, videotape, or other matter which contains any such visual depiction, which was produced, transported, mailed, shipped or received in violation of this chapter; “(2) any property, real or personal, constituting or traceable to gross profits or other proceeds obtained from such offense; and “(3) any property, real or personal, used or intended to be used to commit or to promote the commission of such offense. “(b) Third Party Transfers.— All right, title, and interest in property described in subsection (a) of this section vests in the United States upon the commission of the act giving rise to forfeiture under this section. Any such property that is subsequently transferred to a person other than the defendant may be the subject of a special verdict of forfeiture and thereafter shall be ordered forfeited to the United States, unless the transferee establishes in a hearing pursuant to subsection (m) of this section that he is a bona fide purchaser for value of such property who at the time of purchase was reasonably without cause to believe that the property was subject to forfeiture under this section. “(c) Protective Orders.— (1) Upon application of the United States, the court may enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take any other action to preserve the availability of property described in subsection (a) of this section for forfeiture under this section— “(A) upon the filing of an indictment or information charging a violation of this chapter for which criminal forfeiture may be ordered under this section and alleging that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this section; or “(B) prior to the filing of such an indictment or information, if, after notice to persons appearing to have an interest in the property and opportunity for a hearing, the court determines that— “(i) there is a substantial probability that the United States will prevail on the issue of forfeiture and that failure to enter the order will result in the property being destroyed, removed from the jurisdiction of the court, or otherwise made unavailable for forfeiture; and “(ii) the need to preserve the availability of the property through the entry of the requested order outweighs the hardship on any party against whom the order is to be entered; except that an order entered pursuant to subparagraph (B) shall be effective for not more than 90 days, unless extended by the court for good cause shown or unless an indictment or information described in subparagraph (A) has been filed. “(2) A temporary restraining order under this subsection may be entered upon application of the United States without notice or opportunity for a hearing when an information or indictment has not yet been filed with respect to the property, if the United States demonstrates that there is probable cause to believe that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this section and that provision of notice will jeopardize the availability of the property for forfeiture. Such a temporary order shall expire not more than 10 days after the date on which it is entered, unless extended for good cause shown or unless the party against whom it is entered consents to an extension for a longer period. A hearing requested concerning an order entered under this paragraph shall be held at the earliest possible time and prior to the expiration of the temporary order. “(3) The court may receive and consider, at a hearing held pursuant to this subsection, evidence and information that would be inadmissible under the Federal Rules of Evidence. “(d) Warrant of Seizure.— The Government may request the issuance of a warrant authorizing the seizure of property subject to forfeiture under this section in the same manner as provided for a search warrant. If the court determines that there is probable cause to believe that the property to be seized would, in the event of conviction, be subject to forfeiture and that an order under subsection (c) of this section may not be sufficient to assure the availability of the property for forfeiture, the court shall issue a warrant authorizing the seizure of such property. “(e) Order of Forfeiture.— The court shall order forfeiture of property referred to in subsection (a) if the trier of fact determines, beyond a reasonable doubt, that such property is subject to forfeiture. “(f) Execution.— Upon entry of an order of forfeiture under this section, the court shall authorize the Attorney General to seize all property ordered forfeited upon such terms and conditions as the court shall deem proper. Following entry of an order declaring the property forfeited, the court may, upon application of the United States, enter such appropriate restraining orders or injunctions, require the execution of satisfactory performance bonds, appoint receivers, conservators, appraisers, accountants, or trustees, or take any other action to protect the interest of the United States in the property ordered forfeited. Any income accruing to or derived from property ordered forfeited under this section may be used to offset ordinary and necessary expenses to the property which are required by law, or which are necessary to protect the interests of the United States or third parties. “(g) Disposition of Property.— Following the seizure of property ordered forfeited under this section, the Attorney General shall destroy or retain for official use any article described in paragraph (1) of subsection (a), and shall retain for official use or direct the disposition of any property described in paragraph (2) or (3) of subsection (a) by sale or any other commercially feasible means, making due provision for the rights of any innocent persons. Any property right or interest not exercisable by, or transferable for value to, the United States shall expire and shall not revert to the defendant, nor shall the defendant or any person acting in concert with him or on his behalf be eligible to purchase forfeited property at any sale held by the United States. Upon application of a person, other than the defendant or person acting in concert with him or on his behalf, the court may restrain or stay the sale or disposition of the property pending the conclusion of any appeal of the criminal case giving rise to the forfeiture, if the applicant demonstrates that proceeding with the sale or disposition of the property will result in irreparable injury, harm, or loss to him. “(h) Authority of Attorney General.— With respect to property ordered forfeited under this section, the Attorney General is authorized to— “(1) grant petitions for mitigation or remission of forfeiture, restore forfeited property to victims of a violation of this chapter, or take any other action to protect the rights of innocent persons which is in the interest of justice and which is not inconsistent with the provisions of this section; “(2) compromise claims arising under this section; “(3) award compensation to persons providing information resulting in a forfeiture under this section; “(4) direct the disposition by the United States, in accordance with the provisions of section 1616, title 19, United States Code, of all property ordered forfeited under this section by public sale or any other commercially feasible means, making due provision for the rights of innocent persons; and “(5) take appropriate measures necessary to safeguard and maintain property ordered forfeited under this section pending its disposition. “(i) Applicability of Civil Forfeiture Provisions.— Except to the extent that they are inconsistent with the provisions of this section, the provisions of section 2254(d) of this title (18 U.S.C. 2254(d)) shall apply to a criminal forfeiture under this section. “(j) Bar on Intervention.— Except as provided in subsection (m) of this section, no party claiming an interest in property subject to forfeiture under this section may— “(1) intervene in a trial or appeal of a criminal case involving the forfeiture of such property under this section; or “(2) commence an action at law or equity against the United States concerning the validity of his alleged interest in the property subsequent to the filing of an indictment or information alleging that the property is subject to forfeiture under this section. “(k) Jurisdiction to Enter Orders.— The district courts of the United States shall have jurisdiction to enter orders as provided in this section without regard to the location of any property which may be subject to forfeiture under this section or which has been ordered forfeited under this section. “(l) Depositions.— In order to facilitate the identification and location of property declared forfeited and to facilitate the disposition of petitions for remission or mitigation of forfeiture, after the entry of an order declaring property forfeited to the United States, the court may, upon application of the United States, order that the testimony of any witness relating to the property forfeited be taken by deposition and that any designated book, paper, document, record, recording, or other material not privileged be produced at the same time and place, in the same manner as provided for the taking of depositions under rule 15 of the Federal Rules of Criminal Procedure. “(m) Third Party Interests.— (1) Following the entry of an order of forfeiture under this section, the United States shall publish notice of the order and of its intent to dispose of the property in such manner as the Attorney General may direct. The Government may also, to the extent practicable, provide direct written notice to any person known to have alleged an interest in the property that is the subject of the order of forfeiture as a substitute for published notice as to those persons so notified. “(2) Any person, other than the defendant, asserting a legal interest in property which has been ordered forfeited to the United States pursuant to this section may, within 30 days of the final publication of notice or his receipt of notice under paragraph (1), whichever is earlier, petition the court for a hearing to adjudicate the validity of his alleged interest in the property. The hearing shall be held before the court alone, without a jury. “(3) The petition shall be signed by the petitioner under penalty of perjury and shall set forth the nature and extent of the petitioner’s right, title, or interest in the property, the time and circumstances of the petitioner’s acquisition of the right, title, or interest in the property, any additional facts supporting the petitioner’s claim, and the relief sought. “(4) The hearing on the petition shall, to the extent practicable and consistent with the interests of justice, be held within 30 days of the filing of the petition. The court may consolidate the hearing on the petition with a hearing on any other petition filed by a person other than the defendant under this subsection. “(5) At the hearing, the petitioner may testify and present evidence and witnesses on his own behalf, and cross-examine witnesses who appear at the hearing. The United States may present evidence and witnesses in rebuttal and in defense of its claim to the property and cross-examine witnesses who appear at the hearing. In addition to testimony and evidence presented at the hearing, the court shall consider the relevant portions of the record of the criminal case which resulted in the order of forfeiture. “(6) If, after the hearing, the court determines that the petitioner has established by a preponderance of the evidence that— “(A) the petitioner has a legal right, title, or interest in the property, and such right, title, or interest renders the order of forfeiture invalid in whole or in part because the right, title, or interest was vested in the petitioner rather than the defendant or was superior to any right, title, or interest of the defendant at the time of the commission of the acts which gave rise to the forfeiture of the property under this section; or “(B) the petitioner is a bona fide purchaser for value of the right, title, or interest in the property and was at the time of purchase reasonably without cause to believe that the property was subject to forfeiture under this section; the court shall amend the order of forfeiture in accordance with its determination. “(7) Following the court’s disposition of all petitions filed under this subsection, or if no such petitions are filed following the expiration of the period provided in paragraph (2) for the filing of such petitions, the United States shall have clear title to property that is the subject of the order of forfeiture and may warrant good title to any subsequent purchaser or transferee. “(n) Construction.— This section shall be liberally construed to effectuate its remedial purposes. “(o) Substitute Assets.— If any of the property described in subsection (a), as a result of any act or omission of the defendant— “(1) cannot be located upon the exercise of due diligence; “(2) has been transferred or sold to, or deposited with, a third party; “(3) has been placed beyond the jurisdiction of the court; “(4) has been substantially diminished in value; or “(5) has been commingled with other property which cannot be divided without difficulty; the court shall order the forfeiture of any other property of the defendant up to the value of any property described in paragraphs (1) through (5). “§ 2254. Civil forfeiture “(a) Property Subject to Civil Forfeiture.— The following property shall be subject to forfeiture by the United States: “(1) Any visual depiction described in sections 2251, 2251A, or 2252 of this chapter, or any book, magazine, periodical, film, videotape or other matter which contains any such visual depiction, which was produced, transported, mailed, shipped, or received in violation of this chapter. “(2) Any property, real or personal, used or intended to be used to commit or to promote the commission of an offense under this chapter involving a visual depiction described in sections 2251, 2251A, or 2252 of this chapter, except that no property shall be forfeited under this paragraph, to the extent of the interest of an owner, by reason of any act or omission established by that owner to have been committed or omitted without the knowledge or consent of that owner. “(3) Any property, real or personal, constituting or traceable to gross profits or other proceeds obtained from a violation of this chapter involving a visual depiction described in sections 2251, 2251 A, or 2252 of this chapter, except that no property shall be forfeited under this paragraph, to the extent of the interest of an owner, by reason of any act or omission established by that owner to have been committed or omitted without the knowledge or consent of that owner. “(b) Seizure Pursuant to Supplemental Rules for Certain Admiralty and Maritime Claims.— Any property subject to forfeiture to the United States under this section may be seized by the Attorney General, the Secretary of the Treasury, or the United States Postal Service upon process issued pursuant to the Supplemental Rules for Certain Admiralty and Maritime Claims by any district court of the United States having jurisdiction over the property, except that seizure without such process may be made when the seizure is pursuant to a search under a search warrant or incident to an arrest. The Government may request the issuance of a warrant authorizing the seizure of property subject to forfeiture under this section in the same manner as provided for a search warrant under the Federal Rules of Criminal Procedure. “(c) Custody of Federal Official.— Property taken or detained under this section shall not be repleviable, but shall be deemed to be in the custody of the Attorney General, Secretary of the Treasury, or the United States Postal Service subject only to the orders and decrees of the court or the official having jurisdiction thereof. Whenever property is seized under any of the provisions of this subchapter, the Attorney General, Secretary of the Treasury, or the United States Postal Service may— “(1) place the property under seal; “(2) remove the property to a place designated by the official or agency; or “(3) require that the General Services Administration take custody of the property and remove it, if practicable, to an appropriate location for disposition in accordance with law. “(d) Other Laws and Proceedings Applicable.— All provisions of the customs laws relating to the seizure, summary and judicial forfeiture, and condemnation of property for violation of the customs laws, the disposition of such property or the proceeds from the sale thereof, the remission or mitigation of such forfeitures, and the compromise of claims, shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under this section, insofar as applicable and not inconsistent with the provisions of this section, except that such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs laws shall be performed with respect to seizures and forfeitures of property under this section by such officers, agents, or other persons as may be authorized or designated for that purpose by the Attorney General, the Secretary of the Treasury, or the Postal Service, except to the extent that such duties arise from seizures and forfeitures affected by any customs officer. “(e) Sections 1606, 1613, 1614, 1617, and 1618 of title 19, United States Code, shall not apply with respect to any visual depiction or any matter containing a visual depiction subject to forfeiture under subsection (a)(1) of this section. “(f) Disposition of Forfeited Property.— Whenever property is forfeited under this section the Attorney General shall destroy or retain for official use any property described in paragraph (1) of subsection (a) and, with respect to property described in paragraph (2) or (3) of subsection (a), may— “(1) retain the property for official use or transfer the custody or ownership of any forfeited property to a Federal, State, or local agency pursuant to section 1616 of title 19; “(2) sell any forfeited property which is not required to be destroyed by law and which is not harmful to the public; or “(3) require that the General Services Administration take custody of the property and dispose of it in accordance with law. The Attorney General, Secretary of the Treasury, or the United States Postal Service shall ensure the equitable transfer pursuant to paragraph (1) of any forfeited property to the appropriate State or local law enforcement agency so as to reflect generally the contribution of any such agency participating directly in any of the acts which led to the seizure or forfeiture of such property. A decision by an official or agency pursuant to paragraph (1) shall not be subject to judicial review. With respect to a forfeiture conducted by the Attorney General, the Attorney General shall forward to the Treasurer of the United States for deposit in accordance with section 524(c) of title 28 the proceeds from any sale under paragraph (2) and any moneys forfeited under this subchapter. With respect to a forfeiture conducted by the Postal Service, the proceeds from any sale under paragraph (2) and any moneys forfeited under this subchapter shall be deposited in the Postal Service Fund as required by section 2003(b)(7) of title 39. “(g) Title to Property.— All right, title, and interest in property described in subsection (a) of this section shall vest in the United States upon commission of the act giving rise to forfeiture under this section. “(h) Stay of Proceedings.— The filing of an indictment or information alleging a violation of this chapter which is also related to a civil forfeiture proceeding under this section shall, upon motion of the United States and for good cause shown, stay the civil forfeiture proceeding. “(i) Venue.— In addition to the venue provided for in section 1395 of title 28 or any other provision of law, in the case of property of a defendant charged with a violation that is the basis for forfeiture of the property under this section, a proceeding for forfeiture under this section may be brought in the judicial district in which the defendant owning such property is found or in the judicial district in which the criminal prosecution is brought.”. (e) Tariff Act Amendment.— Section 305 of the Tariff Act of 1930 (19 U.S.C. 1305) is amended by adding at the end the following: “(b) Coordination of Forfeiture Proceedings With Criminal Proceedings.— (1) Notwithstanding subsection (a), whenever the Customs Service is of the opinion that criminal prosecution would be appropriate or that further criminal investigation is warranted in connection with allegedly obscene material seized at the time of entry, the appropriate customs officer shall immediately transmit information concerning such seizure to the United States Attorney of the district of the addressee’s residence. No notice to the addressee or consignee concerning the seizure is required at the time of such transmittal. “(2) Upon receipt of such information, such United States attorney shall promptly determine whether in such attorney’s opinion the referral of the matter for forfeiture under this section would materially affect the Government’s ability to conduct a criminal investigation with respect to such seizure. “(3) If the United States attorney is of the opinion that no prejudice to such investigation will result from such referral, such attorney shall immediately so notify the Customs Service in writing. The appropriate customs officer shall immediately notify in writing the addressee or consignee of the seizure and shall transmit information concerning such seizure to the United States Attorney of the district in which is situated the office at which such seizure has taken place. The actions described in paragraphs (1) through (3) of this subsection shall take place within sufficient time to allow for the filing of a forfeiture complaint within 14 days of the seizure unless the United States Attorney of the district of the addressee’s residence certifies in writing and includes specific, articulable facts demonstrating that the determination required in paragraph (2) of this subsection could not be made in sufficient time to comply with this deadline. In such cases, the actions described in paragraphs (1) through (3) of this subsection shall take place within sufficient time to allow for the filing of a forfeiture complaint within 21 days of seizure. “(4) If the United States attorney for the district of the addressee’s residence concludes that material prejudice to such investigation will result from such referral, such United States attorney shall place on file, within 14 days of the date of seizure, a dated certification stating that it is the United States attorney’s judgment that referral of the matter for forfeiture under this section would materially affect the Government’s ability to conduct a criminal investigation with respect to the seizure. The certification shall set forth specific, articulable facts demonstrating that withholding referral for forfeiture is necessary. “(5) (A) As soon as the circumstances change so that withholding of referral for forfeiture is no longer necessary for purposes of the criminal investigation, the United States attorney shall immediately so notify the Customs Service in writing and shall furnish a copy of the certification described in paragraph (4) above to the Customs Service. “(B) In any matter referred to a United States attorney for possible criminal prosecution wherein subparagraph (5)(A) does not apply, the United States attorney shall immediately notify the Customs Service in writing concerning the disposition of the matter, whether by institution of a prosecution or a letter of declination, and shall also furnish a copy of the certification described in paragraph (4) of this subsection to the Customs Service. “(C) Upon receipt of the notification described in subparagraph (A) or (B) of this paragraph, the appropriate customs officer shall immediately notify the addressee or consignee of the seizure and shall transmit information concerning the seizure, including a copy of the certification described in paragraph (4) above and a copy of the notification described in subparagraph (A) or (B) of this paragraph, to the United States attorney of the district in which is situated the office at which such seizure has taken place, who shall institute forfeiture proceedings in accordance with subsection (a) hereof within 14 days of the date of the notification described in subparagraph (A) or (B) above. A copy of the certification described in paragraph (4) above and a copy of the notification described in subparagraph (A) or (B) of this paragraph shall be affixed to the complaint for forfeiture. “(c) Stay on Motion.— Upon motion of the United States, a court, for good cause shown, shall stay civil forfeiture proceedings commenced under this section pending the completion of any related criminal matter whether in the same or in a different district.”. SEC. 7523. CABLE TELEVISION OBSCENITY. (a) New Offense.— Chapter 71 of title 18, United States Code, is amended by inserting at the end, the following new section: “§ 1468. Distributing obscene material by cable or subscription television “(a) Whoever knowingly utters any obscene language or distributes any obscene matter by means of cable television or subscription services on television, shall be punished by imprisonment for not more than 2 years or by a fine in accordance with this title, or both. “(b) As used in this section, the term ‘distribute’ means to send, transmit, retransmit, telecast, broadcast, or cablecast, including by wire, microwave, or satellite, or to produce or provide material for such distribution. “(c) Nothing in this chapter, or the Cable Communications Policy Act of 1984, or any other provision of Federal law, is intended to interfere with or preempt the power of the States, including political subdivisions thereof, to regulate the uttering of language that is obscene or otherwise unprotected by the Constitution or the distribution of matter that is obscene or otherwise unprotected by the Constitution, of any sort, by means of cable television or subscription services on television.”. (b) Clerical Amendment.— The table of sections at the beginning of chapter 71 of title 18, United States Code, is amended by adding at the end the following: “1468. Distributing obscene material by cable or subscription television.”. SEC. 7524. COMMUNICATIONS ACT AMENDMENT. Section 223(b) of the Communications Act of 1934 (47 U.S.C. 223(b)) is amended to read as follows: “(b) (1) Whoever knowingly— “(A) in the District of Columbia or in interstate or foreign communication, by means of telephone, makes (directly or by recording device) any obscene communication for commercial purposes to any person, regardless of whether the maker of such communication placed the call; or “(B) permits any telephone facility under such person’s control to be used for an activity prohibited by clause (i); shall be fined in accordance with title 18 of the United States Code, or imprisoned not more than two years, or both. “(2) Whoever knowingly— “(A) in the District of Columbia or in interstate or foreign communication, by means of telephone, makes (directly or by recording device) any indecent communication for commercial purposes to any person, regardless of whether the maker of such communication placed the call; or “(B) permits any telephone facility under such person’s control to be used for an activity prohibited by clause (i), shall be fined not more than $50,000 or imprisoned not more than six months, or both.”. SEC. 7525. ELECTRONIC SURVEILLANCE. Subsection (1) of section 2516 of title 18, United States Code, is amended by redesignating paragraphs (i), (j), (k), and (l) as paragraphs (j), (k), (l), and (m), respectively, and by adding a new paragraph (i) as follows: “(i) any felony violation of chapter 71 (relating to obscenity) of this title;”. SEC. 7526. POSSESSION WITH INTENT TO SELL AND SALE OF OBSCENE MATTERS IN FEDERAL JURISDICTION OR ON FEDERAL PROPERTY. (a) In General.— Chapter 71 of title 18, United States Code, is amended by inserting before section 1461 the following: “§ 1460. Possession with intent to sell, and sale, of obscene matter on Federal property “(a) Whoever, either— “(1) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the Government of the United States; or “(2) in the Indian country as defined in section 1151 of this Indians. title, knowingly sells or possesses with intent to sell an obscene visual depiction or a visual depiction of a minor engaging in or assisting another person to engage in sexually explicit conduct, shall be punished by a fine in accordance with the provisions of this title or imprisoned for not more than 2 years, or both. “(b) For the purposes of this section— “(1) the term ‘visual depiction’ includes undeveloped film and videotape but does not include mere words; and “(2) the terms ‘minor’ and ‘sexually explicit conduct’ have the meaning given those terms in chapter 110 of this title.”. (b) Clerical Amendment.— The table of sections at the beginning of chapter 71 of title 18, United States Code, is amended by adding before the item relating to section 1461 the following: “1460. Possession with intent to sell, and sale, of obscene matter on Federal property.”. Subtitle O— Miscellaneous SEC. 7601. DISCLOSURE OF INFORMATION ON CASH TRANSACTIONS: UNDERCOVER ACTIVITIES OF INTERNAL REVENUE SERVICE. (a) Disclosure Provision.— (1) Disclosure of reports under section 6050i.— Section 6050I of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new subsection: “(f) Actions by Payors.— “(1) In general.— No person shall for the purpose of evading the return requirements of this section— “(A) cause or attempt to cause a trade or business to fail to file a return required under this section, “(B) cause or attempt to cause a trade or business to file a return required under this section that contains a material omission or misstatement of fact, or “(C) structure or assist in structuring, or attempt to structure or assist in structuring, any transaction with one or more trades or businesses. “(2) Penalties.— A person violating paragraph (1) of this subsection shall be subject to the same civil and criminal sanctions applicable to a person which fails to file or completes a false or incorrect return under this section.”. (2) Penalty.— (A) Section 6721(b)(1)(A) of the Internal Revenue Code of 1986 is amended by inserting “(or, if greater, in the case of a return filed under section 60501, 10 percent of the taxable income derived from the transaction)” after “reported”. (B) Section 7203 of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following sentence: “In the case of a willful violation of any provision of section 60501, the first sentence of this section shall be applied by substituting ‘5 years’ for ‘1 year’.” (3) Effective date.— The amendments made by this subsection shall apply to actions after the date of the enactment of this Act. (4) No inference.— No inference shall be drawn from the amendment made by paragraph (1) on the application of the Internal Revenue Code of 1986 without regard to such amendment. (b) Disclosure of Returns on Cash Transactions.— (1) In general.— Subsection (i) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new paragraph: “(8) Disclosure of returns filed under section 6050i.— The Secretary may, upon written request, disclose returns filed under section 6050I to officers and employees of any Federal agency whose official duties require such disclosure for the administration of Federal criminal statutes not related to tax administration.” (2) Conforming amendments.— (A) Subparagraph (A) of section 6103(p)(3) of the Internal Revenue Code of 1986 is amended by striking out “or (7)(A)(ii)” and inserting in lieu thereof “, (7)(A)(ii), or (8)”. (B) The material preceding subparagraph (A) of section 6103(p)(4) of the Internal Revenue Code of 1986 is amended— (i) by striking out “or (5)” and inserting in lieu thereof “(5), or (8)”, and (ii) by striking out “(i)(3(B)(i),” and inserting in lieu thereof “(i)(3)(B)(i) or (8)”. (C) Clause (ii) of section 6103(p)(4)(F) of the Internal Revenue Code of 1986 is amended by striking out “or (5)” and inserting in lieu thereof “(5), or (8)”. (3) Effective date.— The amendments made by this subsection shall apply to requests made on or after the date of the enactment of this Act, but disclosures may be made pursuant to such amendments only during the 2-year period beginning on such date. (c) Enhancement of Undercover Capabilities of the Internal Revenue Service.— (1) In general.— Section 7608(b)(1)) of the Internal Revenue Code of 1986 is amended— (A) by striking out “or” before “any other” and inserting a comma, and (B) by inserting “, or any other law for which the Secretary has delegated investigatory authority to the Internal Revenue Service,” after “responsible”. (2) Undercover operations.— Section 7608 of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new subsection: “(c) Rules Relating to Undercover Operations.— “(1) Certification required for exemption of undercover operations from certain laws.— With respect to any undercover investigative operation of the Internal Revenue Service (hereinafter in this subsection referred to as the ‘Service’) which is necessary for the detection and prosecution of offenses under the internal revenue laws, any other criminal provisions of law relating to internal revenue, or any other law for which the Secretary has delegated investigatory authority to the Internal Revenue Service— “(A) sums authorized to be appropriated for the Service may be used— “(i) to purchase property, buildings, and other facilities, and to lease space, within the United States, the District of Columbia, and the territories and possessions of the United States without regard to— “(I) sections 1341 and 3324 of title 31, United States Code, “(II) sections 11(a) and 22 of title 41, United States Code, “(III) section 255 of title 41, United States Code, “(IV) section 34 of title 40, United States Code, and “(V) section 254 (a) and (c) of title 41, United States Code, and “(ii) to establish or to acquire proprietary corporations or business entities as part of the undercover operation, and to operate such corporations or business entities on a commercial basis, without regard to sections 9102 and 9103 of title 31, United States Code; “(B) sums authorized to be appropriated for the Service and the proceeds from the undercover operations, may be deposited in banks or other financial institutions without regard to the provisions of section 648 of title 18, United States Code, and section 3302 of title 31, United States Code, and “(C) the proceeds from the undercover operation may be used to offset necessary and reasonable expenses incurred in such operation without regard to the provisions of section 3302 of title 31, United States Code. This paragraph shall apply only upon the written certification of the Commissioner of Internal Revenue (or, if designated by the Commissioner, the Deputy Commissioner or an Assistant Commissioner of Internal Revenue) that any action authorized by subparagraph (A), (B), or (C) is necessary for the conduct of such undercover operation. “(2) Liquidation of corporations and business entities.— If a corporation or business entity established or acquired as part of an undercover operation under subparagraph (B) of paragraph (1) with a net value over $50,000 is to be liquidated, sold, or otherwise disposed of, the Service, as much in advance as the Commissioner or his delegate determines is practicable, shall report the circumstances to the Secretary and the Comptroller General of the United States. The proceeds of the liquidation, sale, or other disposition, after obligations are met, shall be deposited in the Treasury of the United States as miscellaneous receipts. “(3) Deposit of proceeds.— As soon as the proceeds from an undercover investigative operation with respect to which an action is authorized and carried out under subparagraphs (B) and (C) of paragraph (1) are no longer necessary for the conduct of such operation, such proceeds or the balance of such proceeds remaining at the time shall be deposited into the Treasury of the United States as miscellaneous receipts. “(4) Audits.— “(A) The Service shall conduct a detailed financial audit of each undercover investigative operation which is closed in each fiscal year; and “(i) submit the results of the audit in writing to the Secretary; and “(ii) not later than 180 days after such undercover operation is closed, submit a report to the Congress concerning such audit. “(B) The Service shall also submit a report annually to the Congress specifying as to its undercover investigative operations— “(i) the number, by programs, of undercover investigative operations pending as of the end of the 1-year period for which such report is submitted; “(ii) the number, by programs, of undercover investigative operations commenced in the 1-year period preceding the period for which such report is submitted; and “(iii) the number, by programs, of undercover investigative operations closed in the 1-year period preceding the period for which such report is submitted and, with respect to each such closed undercover operation, the results obtained and any civil claims made with respect thereto. “(5) Definitions.— For purposes of paragraph (4)— “(A) Closed.— The term ‘closed’ means the date on which the later of the following occurs; “(i) all criminal proceedings (other than appeals) are concluded, or “(ii) covert activities are concluded, whichever occurs later. “(B) Employees.— The term ‘employees’ has the meaning given such term by section 2105 of title 5, United States Code. “(C) Undercover investigative operation.— The terms ‘undercover investigative operation’ and ‘undercover operation’ mean any undercover investigative operation of the Service— “(i) in which— “(I) the gross receipts (excluding interested earned) exceed $50,000; or “(II) expenditures, both recoverable and nonrecoverable (other than expenditures for salaries of employees), exceed $150,000; and “(ii) which is exempt from section 3302 or 9102 of title 3, United States Code. Clauses (i) and (ii) shall not apply with respect to the report required under subparagraph (B) of paragraph (4).”. (3) Effective date.— The amendments made by this subsection 26 USC 7608 note. shall take effect on the date of the enactment of this Act note. and shall cease to apply after December 31, 1989; and all amounts expended pursuant to such amendments shall be recovered to the extent possible, and deposited in the Treasury of the United States as miscellaneous receipts, before January 1, 1990. SEC. 7602. RECOVERY OF COSTS INCURRED BY STATE AND LOCAL LAW ENFORCEMENT AGENCIES. (a) In General.— Subchapter B of chapter 78 of the Internal Revenue Code of 1986 (relating to general powers and duties) is amended by adding at the end thereof the following new section: “SEC. 7624. REIMBURSEMENT TO STATE AND LOCAL LAW ENFORCEMENT AGENCIES. “(a) Authorization of Reimbursement.— Whenever a State or Taxes. local law enforcement agency provides information to the Internal Revenue Service that substantially contributes to the recovery of Federal taxes imposed with respect to illegal drug-related activities (or money laundering in connection with such activities), such agency may be reimbursed by the Internal Revenue Service for costs incurred in the investigation (including but not limited to reasonable expenses, per diem, salary, and overtime) not to exceed 10 percent of the sum recovered. “(b) Records; 10 Percent Limitation.— The Internal Revenue Service shall maintain records of the receipt of information from a contributing agency and shall notify the agency when monies have been recovered as the result of such information. Following such notification, the agency shall submit a statement detailing the investigative costs it incurred. Where more than 1 State or local agency has given information that substantially contributes to the recovery of Federal taxes, the Internal Revenue Service shall equitably allocate investigative costs among such agencies not to exceed an aggregate amount of 10 percent of the taxes recovered. “(c) No Reimbursement Where Duplicative.— No State or local agency may receive reimbursement under this section if reimbursement has been received by such agency under a Federal or State forfeiture program or under State revenue laws.”. (b) Establishment of Law Enforcement Agency Account.— Section 7809 of the Internal Revenue Code of 1986 (relating to deposit of collections) is amended by adding at the end thereof the following new subsection: “(d) Deposit of Funds for Law Enforcement Agency Account.— “(1) In general.— In the case of any amounts recovered as the result of information provided to the Internal Revenue Service by State and local law enforcement agencies which substantially contributed to such recovery, an amount equal to 10 percent of such amounts shall be deposited in a separate account which shall be used to make the reimbursements required under section 7624. “(2) Deposit in treasury as internal revenue collections.— If any amounts remain in such account after payment of any qualified costs incurred under section 7624, such amounts shall be withdrawn from such account and deposited in the Treasury of the United States as internal revenue collections.”. (c) Disclosure of Return Information.— Section 6103(d) of the Internal Revenue Code of 1986 (relating to disclosure to State tax officials) is amended by adding at the end the following new paragraph: “(3) Exception for reimbursement under section 7624.— Nothing in this section shall be construed to prevent the Secretary from disclosing to any State or local law enforcement agency which may receive a payment under section 7624 the amount of the recovered taxes with respect to which such a payment may be made.” (d) Conforming Amendments.— (1) The table of sections for subchapter B of chapter 78 of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new item: “7624. Reimbursement to State and local law enforcement agencies.”. (2) The heading for section 6103(d) of the Internal Revenue Code of 1986 is amended to read as follows: “(d) Disclosure to State Tax Officials and State and Local Law Enforcement Agencies.”. (e) Effective Date.— The amendments made by this section shall apply to information first provided more than 90 days after the date of the enactment of this Act. (f) Authorization of Appropriations.— There is authorized to be appropriated from the account referred to in section 7809(d) of the Internal Revenue Code of 1986 such sums as may be necessary to make the payments authorized by section 7624 of such Code. (g) Regulations.— The Secretary of the Tre2isury shall, not later than 90 days after the date of enactment of this Act, prescribe such rules and regulations as shall be necessary and proper to carry out the provisions of this section, including regulations relating to the definition of information which substantially contributes to the recovery of Federal taxes and the substantiation of expenses required in order to receive a reimbursement. SEC. 7603. DEFINITION FOR MAIL FRAUD CHAPTER OF TITLE 18, UNITED STATES CODE. (a) In General.— Chapter 63 of title 18 of the United States Code is amended by adding at the end the following: “§ 1346. Definition of ‘scheme or artifice to defraud’ “For the purposes of this chapter, the term ‘scheme or artifice to defraud’ includes a scheme or artifice to deprive another of the intangible right of honest services.”. (b) Clerical Amendment.— The table of sections at the beginning of chapter 63 of title 18, United States Code, is amended by adding at the end the following: “1346. Definition of ‘scheme or artifice to defraud’.”. SEC. 7604. NATIONAL COMMISSION ON MEASURED RESPONSES TO ACHIEVE A DRUG-FREE AMERICA BY 1995 AUTHORIZATION ACT. (a) Short Title.— This section may be cited as the “National Commission on Measured Responses to Achieve a Drug-Free America by 1995 Authorization Act”. (b) Commission.— (1) There is hereby established a Commission to be chaired by the Director of the Office of National Drug Control Policy and consisting of 24 members appointed by the President within 120 days of the date of enactment of this section. Not more than one-half of the members of the Commission may be members of one political party. The members of the Commission shall include— (A) State and local law enforcement officers; (B) Attorneys General and District Attorneys; (C) State and local elected officials; (D) experts in the fields of drug abuse prevention, treatment, education, and law enforcement; and (E) other appropriate individuals as determined by the President. (2) The term of the Commission shall expire 6 months following the date of appointment of the members thereof. (c) Duties of the Commission.— The Commission is established to develop a proposed uniform code of State laws that represent measured responses to achieve a Drug-Free America by 1995. Among the types of measured responses that the Commission should consider are— (1) appropriate penalties for drug offenses; (2) participation in rehabilitation and treatment programs; (3) appropriate use of drug testing; (4) efforts to educate the public on the dangers of drug abuse as a means of reducing demand; (5) forfeiture of assets of violators of State drug laws; (6) cooperative ventures among the Federal, State, and local levels; (7) methods to interdict illegal drugs at our borders, eradicate crops of illegal drugs, and cease the manufacture of illegal drugs; and (8) other means of preventing drug abuse. (d) Report of Commission.— Within 6 months after the date of the State and local governments. appointment of its members, the Commission shall submit its proposed uniform code to the Governors of the 50 States and the Mayor of the District of Columbia. (e) Vacancies.— A vacancy in the Commission shall be filled in the same manner as the original appointment was made. A vacancy in the Commission shall not affect the powers of the Commission. (f) Quorum.— Fourteen members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (g) Compensation.— (1) Each member of the Commission who is not an officer or employee of the United States shall be compensated at a rate established by the Commission not to exceed the daily equivalent of the annual rate of basic pay prescribed for grade GS–18 of the General Schedule under section 5332 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the actual performance of duties as a member of the Commission. Each member of the Commission who is an officer or employee of the United States shall receive no additional compensation for service on the Commission. (2) While away from their homes or regular places of business in the performance of duties for the Commission, all members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at a rate established by the Commission not to exceed the rates authorized for employees of agencies under sections 5702 and 5703 of title 5, United States Code. (h) Administrative Provisions.— (1) The Commission shall appoint an Executive Director who shall be compensated at a rate established by the Commission not to exceed the rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of title 5, United States Code. (2) With the approval of the Commission, the Executive Director may appoint and fix the compensation of such additional personnel as the Executive Director considers necessary to carry out the duties of the Commission. (3) Subject to such rules as may be issued by the Commission, the chairman may procure temporary and intermittent services of experts and consultants. (4) The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (5) Service of an individual as a member of the Commission, or employment of an individual by the Commission as an attorney or expert in any business or professional field, on a part-time or full-time basis, with or without compensation, shall not be considered as service or employment bringing such individual within the provisions of any Federal law relating to conflicts of interest or otherwise imposing restrictions, requirements, or penalties in relation to the employment of persons, the performance of services, or the payment or receipt of compensation in connection with claims, proceedings, or matters involving the United States. Service as a member of the Commission, or as an employee of the Commission, shall not be considered service in an appointive or elective position in the Government for purposes of section 8344 of title 5, United States Code, or comparable provisions of Federal law. (i) Powers of Commission.— (1) For the purpose of carrying out this section, the Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before the Commission. (2) Any member or employee of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this subsection. (j) Sense of the Congress on State Conferences.— It is the sense of the Congress that the Governors of the 50 States and the Mayor of the District of Columbia should convene State conferences for a Drug-Free America by 1995. These conferences should include attorneys general, district attorneys, mayors, other elected officials, law enforcement officials, educators, drug prevention and treatment experts, and other interested parties. The State conferences should consider the proposed uniform code described in subsection (c) and make recommendations thereon. (k) Availability of Funds.— There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this section, and they shall remain available for the term of the Commission. New spending authority or authority to enter contracts as provided in this section shall be effective only to such extent and in such amounts as are provided in advance in appropriation Acts. SEC. 7605. USE OF EXISTING FEDERAL RESEARCH AND DEVELOPMENT FACILITIES FOR CIVILIAN LAW ENFORCEMENT. (a) Comprehensive Plan.— The President of the United States shall direct the Office of National Drug Control Policy, established in title I of this Act, to develop a comprehensive plan for utilizing no fewer than eight existing facilities of the Department of Defense, the Department of Justice, the Department of Energy, National Security Agency, and the Central Intelligence Agency, to develop technologies for application to Federal law enforcement agency missions, and to provide research, development, technology, and evaluation support to the law enforcement agencies of the Federal Government. Such plan shall be prepared and submitted to the Congress by no later than 90 days from the date of enactment of this Act. (b) Existing Facilities To Be Examined.— The following existing State listing. United States Government facilities shall be examined in developing the comprehensive plan mandated in subsection (a): (1) For night vision research and development—Department of Defense, Army Materiel Command, Night Vision Laboratory at Fort Belvoir, Virginia; (2) For ground sensor research and development—Department of Defense, Army Materiel Command, Communications Electronic Command, Fort Monmouth, New Jersey; (3) For physical/electronic security research and development—Department of Defense, Air Force Systems Command, Electronic Systems Division, Hanscom Field, Massachusetts; (4) For imaging/electronic surveillance research and development—Central Intelligence Agency and National Security Agency, Washington, DC; (5) For chemical/biosensor research and development—Department of Defense, Army Materiel Command, Chemical Research Development and Engineering Center, Aberdeen, Maryland; (6) For chemical/molecular detector research and development—Department of Energy, Sandia National Laboratories, Albuquerque, New Mexico; (7) For physical/electronic surveillance and tracking research and development—Department of Justice, Federal Bureau of Investigation and Drug Enforcement Administration, Washington, DC; and (8) For explosives ordnance detection research and development—Department of Defense, Naval Ordnance Station, Indian Head, Maryland. (c) Participation.— In developing the plan mandated in subsection (a), the Director of National Drug Control Policy shall ensure that representatives of the Federal law enforcement agencies are provided an opportunity to participate in the formulation of the comprehensive plan and that their views and recommendations are integrated into the planning process. (d) Comptroller General Oversight.— The Comptroller General of the United States shall monitor the development of the plan mandated in subsection (a) and report periodically to the appropriate Committees of the Congress on the progress of the development of this research and development program. This subsection does not confer authority upon the Comptroller General, additional to that otherwise provided by law, to gain access to sensitive information held by any agency within the intelligence community. SEC. 7606. CIVIL AIR PATROL. (a) Regulations.— Within 45 days, the Secretary of the Air Force shall issue such regulations as are necessary to ensure that the Civil Air Patrol has an integral role in drug interdiction and eradication activities. (b) Reports.— The Secretary of the Air Force shall submit to the Committees on Appropriations and the Committee on Armed Services of the Senate and the House of Representatives, quarterly reports which include a detailed description of the activities of the Civil Air Patrol in support of the Federal, State, and local government agencies’ drug interdiction and eradication programs. The first report shall be submitted on the last day of the first quarter ending not less than 150 days after the date of the enactment. SEC. 7607. DEFENSE DRUG INTERDICTION AMENDMENT. Title VII of “An Act Making Appropriations For The Department Ante, p. 2270–16. of Defense For The Fiscal Year Ending September 30, 1989” is amended under the heading “Drug Interdiction, Defense” by inserting at the end of the first sentence after the word “United States” the following: “and drug enforcement and interdiction activities of the Army National Guard and Air National Guard”, and by inserting in the second sentence “enforcement and” after the word “drug”. SEC. 7608. UNITED STATES MARSHALS. (a) Establishment.— (1) In general.— Chapter 37 of title 28, United States Code, is amended by striking out section 561 and all that follows through section 571 and inserting in lieu thereof the following: “§ 561. United States Marshals Service “(a) There is hereby established a United States Marshals Service as a bureau within the Department of Justice under the authority and direction of the Attorney General. There shall be at the head of the United States Marshals Service (hereafter in this chapter referred to as the ‘Service’) a Director who shall be appointed by the President, by and with the advice and consent of the Senate. “(b) The Director of the United States Marshals Service (hereafter in this chapter referred to as the ‘Director’) shall, in addition to the powers and duties set forth in this chapter, exercise such other functions as may be delegated by the Attorney General. “(c) The President shall appoint, by and with the advice and consent of the Senate, a United States marshal for each judicial district of the United States and for the Superior Court of the District of Columbia, except that any marshal appointed for the Northern Mariana Islands may at the same time serve as marshal in another judicial district. Each United States marshal shall be an official of the Service and shall serve under the direction of the Director. “(d) Each marshal shall be appointed for a term of four years. A marshal shall, unless that marshal has resigned or been removed by the President, continue to perform the duties of that office after the end of that 4-year term until a successor is appointed and qualifies. “(e) The Director shall designate places within a judicial district for the official station and offices of each marshal. Each marshal shall reside within the district for which such marshal is appointed, except that— “(1) the marshal for the District of Columbia, for the Superior Court of the District of Columbia, and for the Southern District of New York may reside within 20 miles of the district for which the marshal is appointed; and “(2) any marshal appointed for the Northern Mariana Islands who at the same time is serving as marshal in another district may reside in such other district. “(f) The Director is authorized to appoint and fix the compensation of such employees as are necessary to carry out the powers and duties of the Service and may designate such employees as law enforcement officers in accordance with such policies and procedures as the Director shall establish pursuant to the applicable provisions of title 5 and regulations issued thereunder. “(g) The Director shall supervise and direct the United States Marshals Service in the performance of its duties. “(h) The Director may administer oaths and may take affirmations of officials and employees of the Service, but shall not demand or accept any fee or compensation therefor. “(i) There are authorized to be appropriated such sums as may be Appropriation authorization. necessary to carry out the functions of the Service. “§ 562. Vacancies “(a) In the case of a vacancy in the office of a United States marshal, the Attorney General may designate a person to perform the functions of and act as marshal, except that the Attorney General may not designate to act as marshal any person who was appointed by the President to that office but with respect to such appointment the Senate has refused to give its advice and consent. “(b) A person designated by the Attorney General under subsection (a) may serve until the earliest of the following events: “(1) The entry into office of a United States marshal appointed by the President, pursuant to section 561(c). “(2) The expiration of the thirtieth day following the end of the next session of the Senate. “(3) If such designee of the Attorney General is appointed by the President pursuant to section 561(c), but the Senate refuses to give its advice and consent to the appointment, the expiration of the thirtieth day following such refusal. “§ 563. Oath of office “The Director and each United States marshal and law enforcement officer of the Service, before taking office, shall take an oath or affirmation to faithfully execute the duties of that office. “§ 564. Powers as sheriff “United States marshals, deputy marshals and such other officials of the Service as may be designated by the Director, in executing the laws of the United States within a State, may exercise the same powers which a sheriff of the State may exercise in executing the laws thereof. “§ 565. Expenses of the Service “The Director is authorized to use funds appropriated for the Service to make payments for expenses incurred pursuant to personal services contracts and cooperative agreements, authorized by the Attorney General, for security guard and for the service of summons on complaints, subpoenas, and notices in lieu of services by United States marshals and deputy marshals. “§ 566. Powers and duties “(a) It is the primary role and mission of the United States Marshals Service to provide for the security and to obey, execute, and enforce all orders of the United States District Courts, the United States Courts of Appeals and the Court of International Trade. “(b) The United States marshal of each district is the marshal of the district court and of the court of appeals when sitting in that district, and of the Court of International Trade holding sessions in that district, and may, in the discretion of the respective courts, be required to attend any session of court. “(c) Except as otherwise provided by law or Rule of Procedure, the United States Marshals Service shall execute all lawful writs, process, and orders issued under the authority of the United States, and shall command all necessary assistance to execute its duties. “(d) Each United States marshal, deputy marshal, and any other official of the Service as may be designated by the Director may carry firearms and make arrests without warrant for any offense against the United States committed in his or her presence, or for any felony cognizable under the laws of the United States if he or she has reasonable grounds to believe that the person to be arrested has committed or is committing such felony. “(e) (1) The United States Marshals Service is authorized to— “(A) provide for the personal protection of Federal jurists, court officers, witnesses, and other threatened persons in the interests of justice where criminal intimidation impedes on the functioning of the judicial process or any other official proceeding; and “(B) investigate such fugitive matters, both within and outside the United States, as directed by the Attorney General. “(2) Nothing in paragraph (1)(B) shall be construed to interfere with or supersede the authority of other Federal agencies or bureaus. “(f) In accordance with procedures established by the Director, and except for public money deposited under section 2041 of this title, each United States marshal shall deposit public moneys that the marshal collects into the Treasury, subject to disbursement by the marshal. At the end of each accounting period, the earned part of public moneys accruing to the United States shall be deposited in the Treasury to the credit of the appropriate receipt accounts. “(g) Prior to resignation, retirement, or removal from office— “(1) a United States marshal shall deliver to the marshal’s successor all prisoners in his custody and all unserved process; and “(2) a deputy marshal shall deliver to the marshal all process in the custody of the deputy marshal. “(h) The United States marshals shall pay such office expenses of United States Attorneys as may be directed by the Attorney General.”. (2) Additional amendments.— Chapter 37 of title 28, United States Code, is amended— (A) by striking out sections 572a, 573, and 574; and (B) by redesignating sections 572, 575, and 576 as sections 567, 568, and 569, respectively. (3) Conforming amendments.— The chapter heading for chapter 37 of title 28, United States Code, and the table of sections at the beginning of such chapter, are amended to read as follows: “Chapter 37— United States Marshals Service “Sec. “561. United States Marshals Service. “562. Vacancies. “563. Oath of office. “564. Powers as sheriff. “565. Expenses of the Service. “566. Powers and duties. “567. Collection of fees; accounting. “568. Practice of law prohibited. “569. Reemployment rights.”. (b) Other Amendment.— Section 755 of title 28, United States Code, is amended by striking out the third paragraph. (c) Marshals’ Fees.— Section 1921 of title 28, United States Code, is amended— (1) by redesignating subsection (c) as subsection (e); and (2) by striking out subsections (a) and (b) and inserting in lieu thereof the following: “(a) (1) The United States marshals or deputy marshals shall routinely collect, and a court may tax as costs, fees for the following: “(A) Serving a writ of possession, partition, execution, attachment in rem, or libel in admiralty, warrant, attachment, summons, complaints, or any other writ, order or process in any case or proceeding. “(B) Serving a subpoena or summons for a witness or appraiser. “(C) Forwarding any writ, order, or process to another judicial district for service. “(D) The preparation of any notice of sale, proclamation in admiralty, or other public notice or bill of sale. “(E) The keeping of attached property (including boats, vessels, or other property attached or libeled), actual expenses incurred, such as storage, moving, boat hire, or other special transportation, watchmen’s or keepers’ fees, insurance, and an hourly rate, including overtime, for each deputy marshal required for special services, such as guarding, inventorying, and moving. “(F) Copies of writs or other papers furnished at the request of any party. “(G) Necessary travel in serving or endeavoring to serve any District of Columbia. process, writ, or order, except in the District of Columbia, with mileage to be computed from the place where service is returnable to the place of service or endeavor. “(H) Overtime expenses incurred by deputy marshals in the course of serving or executing civil process. “(2) The marshals shall collect, in advance, a deposit to cover the initial expenses for special services required under paragraph (1)(E), and periodically thereafter such amounts as may be necessary to pay such expenses until the litigation is concluded. This paragraph applies to all private litigants, including seamen proceeding pursuant to section 1916 of this title. “(3) For purposes of paragraph (1)(G), if two or more services or endeavors, or if an endeavor and a service, are made in behalf of the same party in the same case on the same trip, mileage shall be computed to the place of service or endeavor which is most remote from the place where service is returnable, adding thereto any additional mileage traveled in serving or endeavoring to serve in behalf of the party. If two or more writs of any kind, required to be served in behalf of the same party on the same person in the same case or proceeding, may be served at the same time, mileage on only one such writ shall be collected. “(b) The Attorney General shall from time to time prescribe by regulation the fees to be taxed and collected under subsection (a). Such fees shall, to the extent practicable, reflect the actual and reasonable cost of the service provided. “(c) (1) The United States Marshals Service shall collect a commission of 3 percent of the first $1,000 collected and 1 ½ percent on the excess of any sum over $1,000, for seizing or levying on property (including seizures in admiralty), disposing of such property by sale, setoff, or otherwise, and receiving and paying over money, except that the amount of commission shall be within the range set by the Attorney General. If the property is to be disposed of by marshal’s sale, the commission shall be in such amount, within the range set by the Attorney General, as may be allowed by the court. In any case in which the vessel or other property is sold by a public auctioneer, or by some party other than a marshal or deputy marshal, the commission authorized under this subsection shall be reduced by the amount paid to such auctioneer or other party. This subsection applies to any judicially ordered sale or execution sale, without regard to whether the judicial order of sale constitutes a seizure or levy within the meaning of State law. This subsection shall not apply to any seizure, forfeiture, sale, or other disposition of property pursuant to the applicable provisions of law amended by the Comprehensive Forfeiture Act of 1984 (98 Stat. 2040). “(2) The Attorney General shall prescribe from time to time regulations which establish a minimum and maximum amount for the commission collected under paragraph (1). “(d) The United States marshals may require a deposit to cover the fees and expenses prescribed under this section.”. (d) Support of United States Prisoners in Non-Federal Institutions.— (1) In general.— Chapter 301 of title 18, United States Code, is amended by adding at the end the following new section: “§ 4013. Support of United States prisoners in non-Federal institutions “(a) The Attorney General, in support of United States prisoners in non-Federal institutions, is authorized to make payments from funds appropriated for the support of United States prisoners for— “(1) necessary clothing; “(2) medical care and necessary guard hire; “(3) the housing, care, and security of persons held in custody of a United States marshal pursuant to Federal law under agreements with State or local units of government or contracts with private entities; and “(4) entering into contracts or cooperative agreements with any State, territory, or political subdivision thereof, for the necessary construction, physical renovation, acquisition of equipment, supplies, or materials required to establish acceptable conditions of confinement and detention services in any State or local jurisdiction which agrees to provide guaranteed bed space for Federal detainees within that correctional system, in accordance with regulations which are issued by the Attorney General and are comparable to the regulations issued under section 4006 of this title, except that— “(A) amounts made available for purposes of this paragraph shall not exceed the average per-inmate cost of constructing similar confinement facilities for the Federal prison population, “(B) the availability of such federally assisted facility shall be assured for housing Federal prisoners, and “(C) the per diem rate charged for housing such Federal prisoners shall not exceed allowable costs or other conditions specified in the contract or cooperative agreement.”. (2) Conforming amendment.— The table of sections at the beginning of chapter 301 of title 18, United States Code, is amended by adding at the end the following: “4013. Support of United States prisoners in non-Federal institutions.”. (e) Pay of Director of Service.— Section 5315 of title 5, United States Code, is amended by adding at the end thereof the following: “Director, United States Marshals Service.”. SEC. 7609. DATA COLLECTION AND REPORTING. (a) Family Violence Reporting.— Under the authority of section 534 of title 28, United States Code, the Attorney General shall require, and include in uniform crime reports, data that indicate— (1) the age of the victim; and (2) the relationship of the victim to the offender, for crimes of murder, aggravated assault, simple assault, rape, sexual offenses, and offenses against children. (b) National Crime Survey.— The Director of the Bureau of Justice Statistics, through the annual National Crime Survey, shall collect and publish data that more accurately measures the extent of domestic violence in America, especially the physical and sexual abuse of children and the elderly. (c) Authorization of Appropriations.— There are authorized to be appropriated in fiscal years 1989, 1990, 1991, and 1992, such sums as are necessary to carry out the purposes of this section.

7. 1988

   National Commission on Measured Responses to Achieve a Drug-Free America by 1995 Authorization Act

   Pub. L. 100–690 § 7125(e) · 102 Stat. 4181

   Struck · 34 U.S.C. § 20102(c)

   Pub. L. 100–690, § 7125(e), struck out subsec. (c) which read as follows: “A State crime victim compensation program in effect on the date grants may first be made under this section shall be deemed an eligible crime victim compensation program for the purposes of this section until the day after the close of the first regular session of the legislature of that State that begins after such date.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 100–690, § 7125(e), struck out subsec. (c) which read as follows: “A State crime victim compensation program in effect on the date grants may first be made under this section shall be deemed an eligible crime victim compensation program for the purposes of this section until the day after the close of the first regular session of the legislature of that State that begins after such date.”

   Enacted provision · exact public law section
   (e) Removal Of Obsolete Provision.— Section 1403 of the Victims of Crime Act of 1984 (42 U.S.C. 10602) is amended by striking subsection (c).

8. 1988

   National Commission on Measured Responses to Achieve a Drug-Free America by 1995 Authorization Act

   Pub. L. 100–690 § 7126(a) · 102 Stat. 4181

   Inserted · 34 U.S.C. § 20102(d)(1)

   Pub. L. 100–690, § 7126(a), inserted reference to eyeglasses or other corrective lenses

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 100–690, § 7126(a), inserted reference to eyeglasses or other corrective lenses.

   Enacted provision · exact public law section
   (a) Not To Be Considered Property.— Section 1403(d)(1) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(d)(1)) is amended by inserting “, eyeglasses or other corrective lenses,” after “prosthetic devices”.

9. 1988

   National Commission on Measured Responses to Achieve a Drug-Free America by 1995 Authorization Act

   Pub. L. 100–690 § 7126(b) · 102 Stat. 4181

   1. Inserted · 34 U.S.C. § 20102(d)(2)

      Pub. L. 100–690, § 7126(b), inserted reference to eyeglasses or other corrective lenses

   2. Inserted · 34 U.S.C. § 20102(d)(2)

      Pub. L. 100–690, § 7126(b), inserted comma after “prosthetic devices”

   Source evidence

   Code amendment note
   Subsec. (d)(2). Pub. L. 100–690, § 7126(b), inserted reference to eyeglasses or other corrective lenses and inserted comma after “prosthetic devices”.

   Enacted provision · exact public law section
   (b) To Be Included in Medical Expenses.— Section 1403(d)(2) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(d)(2)) is amended— (1) by inserting “eyeglasses and other corrective lenses, for” after “crime victim compensation program, expenses for”; and (2) by inserting a comma after “prosthetic devices”.

10. 1988

    National Commission on Measured Responses to Achieve a Drug-Free America by 1995 Authorization Act

    Pub. L. 100–690 § 7125(c)(2) · 102 Stat. 4181

    Inserted · 34 U.S.C. § 20102(d)(3)

    Pub. L. 100–690, § 7125(c)(2), inserted reference to driving while intoxicated and domestic violence

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 100–690, § 7125(c)(2), inserted reference to driving while intoxicated and domestic violence.

    Enacted provision · exact public law section
    (2) Section 1403(d)(3) of the Victims of Crime Act (42 U.S.C. 10602(d)(3)) is amended by inserting “, and includes driving while intoxicated and domestic violence” after “program”.

11. 1994

    Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 230203(a) · 108 Stat. 1796

    Substituted · 34 U.S.C. § 20102(a)(1)

    Pub. L. 103–322, § 230203(a), substituted “Except as provided in paragraph (3), a grant” for “A grant” in last sentence

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 103–322, § 230203(a), substituted “Except as provided in paragraph (3), a grant” for “A grant” in last sentence.

    Enacted provision · exact public law section
    (a) Creation of Exception.— The final sentence of section 1403(a)(1)of the Victims of Crime Act of 1984 (42 U.S.C. 10602(a)(1) is amended by striking “A grant” and inserting “Except as provided in paragraph (3), a grant”.

12. 1994

    Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 230203(b) · 108 Stat. 1796

    Added · 34 U.S.C. § 20102(a)(3)

    Pub. L. 103–322, § 230203(b), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 103–322, § 230203(b), added par. (3).

    Enacted provision · exact public law section
    (b) Requirements of Exception.— Section 1403(a) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(a)) is amended by adding at the end the following new paragraph: “(3) Not more than 5 percent of a grant made under this section may be used for the administration of the State crime victim compensation program receiving the grant.”.

13. 1994

    Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 330025(b) · 108 Stat. 1796

    Inserted · 34 U.S.C. § 20102(b)(1)

    Pub. L. 103–322, § 330025(b), inserted before semicolon at end “for—” and subpars. (A) to (C)

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 103–322, § 330025(b), inserted before semicolon at end “for—” and subpars. (A) to (C).

    Enacted provision · exact public law section
    (b) Missing Text.— Section 1403(b)(1) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(b)(D) is amended by inserting after “domestic violence” the following: “ for— “(A) medical expenses attributable to a physical injury resulting from compensable crime, including expenses for mental health counseling and care; “(B) loss of wages attributable to a physical injury resulting from a compensable crime; and “(C) funeral expenses attributable to a death resulting from a compensable crime”.

14. 1994

    Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 230202 · 108 Stat. 1796

    Added · 34 U.S.C. § 20102(e)

    Pub. L. 103–322, § 230202, added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 103–322, § 230202, added subsec. (e).

    Enacted provision · exact public law section
    SEC. 230202. RELATIONSHIP OF CRIME VICTIM COMPENSATION TO CERTAIN FEDERAL PROGRAMS. Section 1403 of the Victims of Crime Act of 1984 (42 U.S.C. 10602) is amended by adding at the end the following new subsection: “(e) Notwithstanding any other law, 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 crime victim compensation program shall not pay that compensation; and “(2) the other program shall make its payments without regard to the existence of the crime victim compensation program”.

15. 1996

    Justice for Victims of Terrorism Act of 1996

    Pub. L. 104–132 § 233(b) · 110 Stat. 1214

    Inserted · 34 U.S.C. § 20102(b)(6)(B)

    Pub. L. 104–132, § 233(b), inserted “are outside of the United States (if the compensable crime is terrorism, as defined in section 2331 of title 18), or” before “are States not having”

    Source evidence

    Code amendment note
    Subsec. (b)(6)(B). Pub. L. 104–132, § 233(b), inserted “are outside of the United States (if the compensable crime is terrorism, as defined in section 2331 of title 18), or” before “are States not having”.

    Enacted provision · exact public law section
    (b) Foreign Terrorism.— Section 1403(b)(6)(B) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(b)(6)(B)) is amended by inserting “are outside of the United States (if the compensable crime is terrorism, as defined in section 2331 of title 18, United States Code), or” before “are States not having”.

16. 1996

    Justice for Victims of Terrorism Act of 1996

    Pub. L. 104–132 § 234(a)(1) · 110 Stat. 1214

    1. Added · 34 U.S.C. § 20102(b)(8); 34 U.S.C. § 20102(b)(9)

       Pub. L. 104–132, § 234(a)(1), added par. (8)

    2. Redesignated · 34 U.S.C. § 20102(b)(8); 34 U.S.C. § 20102(b)(9)

       Pub. L. 104–132, § 234(a)(1), redesignated former par. (8) as (9)

    Source evidence

    Code amendment note
    Subsec. (b)(8), (9). Pub. L. 104–132, § 234(a)(1), added par. (8) and redesignated former par. (8) as (9).

    Enacted provision · exact public law section
    (1) In general.— Section 1403(b) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(b)) is amended— (A) by striking “and” at the end of paragraph (7); (B) by redesignating paragraph (8) as paragraph (9); and (C) by inserting after paragraph (7) the following new paragraph: “(8) such program does not provide compensation to any person who has been convicted of an offense under Federal law with respect to any time period during which the person is delinquent in paying a fine, other monetary penalty, or restitution imposed for the offense; and”.

17. 1996

    Justice for Victims of Terrorism Act of 1996

    Pub. L. 104–132 § 234(b) · 110 Stat. 1214

    Added · 34 U.S.C. § 20102(c)

    Pub. L. 104–132, § 234(b), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 104–132, § 234(b), added subsec. (c).

    Enacted provision · exact public law section
    (b) Exclusion From Income for Purposes of Means Tests.— Section 1403 of the Victims of Crime Act of 1984 (42 U.S.C. 10602) is amended by inserting after subsection (b) the following new subsection: “(c) Exclusion From Income for Purposes of Means Tests.— Notwithstanding any other law, for the purpose of any maximum allowed income eligibility requirement in any Federal, State, or local government program using Federal funds that provides medical or other assistance (or payment or reimbursement of the cost of such assistance) that becomes necessary to an applicant for such assistance in full or in part because of the commission of a crime against the applicant, as determined by the Director, any amount of crime victim compensation that the applicant receives through a crime victim compensation program under this section shall not be included in the income of the applicant until the total amount of assistance that the applicant receives from all such programs is sufficient to fully compensate the applicant for losses suffered as a result of the crime.”.

18. 1996

    Justice for Victims of Terrorism Act of 1996

    Pub. L. 104–132 § 233(a) · 110 Stat. 1214

    Substituted · 34 U.S.C. § 20102(d)(3)

    Pub. L. 104–132, § 233(a), substituted “crimes involving terrorism, driving while intoxicated,” for “driving while intoxicated”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–132, § 233(a), substituted “crimes involving terrorism, driving while intoxicated,” for “driving while intoxicated”.

    Enacted provision · exact public law section
    (a) Requiring Compensation for Terrorist Crimes.— Section 1403(d)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(d)(3)) is amended— (1) by inserting “crimes involving terrorism,” before “driving while intoxicated”; and (2) by inserting a comma after “driving while intoxicated”.

19. 1996

    Pub. L. 104–155 § 5 · 110 Stat. 1392

    Inserted · 34 U.S.C. § 20102(d)(3)

    Pub. L. 104–155 inserted “crimes, whose victims suffer death or personal injury, that are described in section 247 of title 18,” after “includes”

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 104–155 inserted “crimes, whose victims suffer death or personal injury, that are described in section 247 of title 18,” after “includes”.

    Enacted provision · exact public law section
    SEC. 5. COMPENSATION OF VICTIMS; REQUIREMENT OF INCLUSION IN LIST OF CRIMES ELIGIBLE FOR COMPENSATION. Section 1403(d)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(d)(3)) is amended by inserting “crimes, whose victims suffer death or personal injury, that are described in section 247 of title 18, United States Code,” after “includes”.

20. 2001

    Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001

    Pub. L. 107–56 § 622(a) · 115 Stat. 272

    Inserted · 34 U.S.C. § 20102(a)(1); 34 U.S.C. § 20102(a)(2)

    Pub. L. 107–56, § 622(a), inserted “in fiscal year 2002 and of 60 percent in subsequent fiscal years” after “40 percent”

    Source evidence

    Code amendment note
    Subsec. (a)(1), (2). Pub. L. 107–56, § 622(a), inserted “in fiscal year 2002 and of 60 percent in subsequent fiscal years” after “40 percent”.

    Enacted provision · exact public law section
    (a) Allocation of Funds for Compensation and Assistance.— Paragraphs (1) and (2) of section 1403(a) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(a)) are amended by inserting “in fiscal year 2002 and of 60 percent in subsequent fiscal years” after “40 percent”.

21. 2001

    Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001

    Pub. L. 107–56 § 622(b) · 115 Stat. 272

    Struck · 34 U.S.C. § 20102(b)(6)(B)

    Pub. L. 107–56, § 622(b), which directed striking out “are outside the United States (if the compensable crime is terrorism, as defined in section 2331 of title 18), or”, was executed by striking out “are outside of the United States (if the compensable crime is terrorism, as defined in section 2331 of title 18), or” after “the places the crimes occurred in” to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (b)(6)(B). Pub. L. 107–56, § 622(b), which directed striking out “are outside the United States (if the compensable crime is terrorism, as defined in section 2331 of title 18), or”, was executed by striking out “are outside of the United States (if the compensable crime is terrorism, as defined in section 2331 of title 18), or” after “the places the crimes occurred in” to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (b) Location of Compensable Crime.— Section 1403(b)(6)(B) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(b)(6)(B)) is amended by striking “are outside the United States (if the compensable crime is terrorism, as defined in section 2331 of title 18), or”.

22. 2001

    Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001

    Pub. L. 107–56 § 622(c) · 115 Stat. 272

    1. Added · 34 U.S.C. § 20102(c)

       Pub. L. 107–56, § 622(c), added subsec. (c)

    2. Struck · 34 U.S.C. § 20102(c)

       Pub. L. 107–56, § 622(c), struck out heading and text of former subsec. (c). Text read as follows: “Notwithstanding any other law, for the purpose of any maximum allowed income eligibility requirement in any Federal, State, or local government program using Federal funds that provides medical or other assistance (or payment or reimbursement of the cost of such assistance) that becomes necessary to an applicant for such assistance in full or in part because of the commission of a crime against the applicant, as determined by the Director, any amount of crime victim compensation that the applicant receives through a crime victim compensation program under this section shall not be included in the income of the applicant until the total amount of assistance that the applicant receives from all such programs is sufficient to fully compensate the applicant for losses suffered as a result of the crime.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 107–56, § 622(c), added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: “Notwithstanding any other law, for the purpose of any maximum allowed income eligibility requirement in any Federal, State, or local government program using Federal funds that provides medical or other assistance (or payment or reimbursement of the cost of such assistance) that becomes necessary to an applicant for such assistance in full or in part because of the commission of a crime against the applicant, as determined by the Director, any amount of crime victim compensation that the applicant receives through a crime victim compensation program under this section shall not be included in the income of the applicant until the total amount of assistance that the applicant receives from all such programs is sufficient to fully compensate the applicant for losses suffered as a result of the crime.”

    Enacted provision · exact public law section
    (c) Relationship of Crime Victim Compensation to Means-Tested Federal Benefit Programs.— Section 1403 of the Victims of Crime Act of 1984 (42 U.S.C. 10602) is amended by striking subsection (c) and inserting the following: “(c) Exclusion From Income, Resources, and Assets for Purposes of Means Tests.— Notwithstanding any other law (other than title IV of Public Law 107–42), for the purpose of any maximum allowed income, resource, or asset eligibility requirement in any Federal, State, or local government program using Federal funds that provides medical or other assistance (or payment or reimbursement of the cost of such assistance), any amount of crime victim compensation that the applicant receives through a crime victim compensation program under this section shall not be included in the income, resources, or assets of the applicant, nor shall that amount reduce the amount of the assistance available to the applicant from Federal, State, or local government, programs using Federal funds, unless the total amount of assistance that the applicant receives from all such programs is sufficient to fully compensate the applicant for losses suffered as a result of the crime.”.

23. 2001

    Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001

    Pub. L. 107–56 § 622(d)(1) · 115 Stat. 272

    Struck · 34 U.S.C. § 20102(d)(3)

    Pub. L. 107–56, § 622(d)(1), struck out “crimes involving terrorism,” after “section 247 of title 18,”

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 107–56, § 622(d)(1), struck out “crimes involving terrorism,” after “section 247 of title 18,”.

    Enacted provision · exact public law section
    (1) in paragraph (3), by striking “crimes involving terrorism,”; and

24. 2001

    Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001

    Pub. L. 107–56 § 622(d)(2) · 115 Stat. 272

    Inserted · 34 U.S.C. § 20102(d)(4)

    Pub. L. 107–56, § 622(d)(2), inserted “the United States Virgin Islands,” after “the Commonwealth of Puerto Rico,”

    Source evidence

    Code amendment note
    Subsec. (d)(4). Pub. L. 107–56, § 622(d)(2), inserted “the United States Virgin Islands,” after “the Commonwealth of Puerto Rico,”.

    Enacted provision · exact public law section
    (2) in paragraph (4), by inserting “the United States Virgin Islands,” after “the Commonwealth of Puerto Rico,”.

25. 2001

    Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001

    Pub. L. 107–56 § 622(e)(1) · 115 Stat. 272

    Inserted · 34 U.S.C. § 20102(e)

    Pub. L. 107–56, § 622(e)(1), inserted “including the program established under title IV of Public Law 107–42,” after “Federal program,” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 107–56, § 622(e)(1), inserted “including the program established under title IV of Public Law 107–42,” after “Federal program,” in introductory provisions.

    Enacted provision · exact public law section
    (1) In general.— Section 1403(e) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(e)) is amended by inserting “including the program established under title IV of Public Law 107–42,” after “Federal program,”.

26. 2006

    Violence Against Women and Department of Justice Reauthorization Act of 2005

    Pub. L. 109–162 title XI § 1133(a) · 119 Stat. 2960

    Inserted · 34 U.S.C. § 20102(a)(3)

    Pub. L. 109–162 inserted “training purposes and” after “may be used for”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 109–162 inserted “training purposes and” after “may be used for”.

    Enacted provision · exact public law section
    (a) Crime Victim Compensation.— Section 1403(a)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(a)(3)) is amended by inserting after “may be used for” the following: “training purposes and”.

27. 2021

    VOCA Fix to Sustain the Crime Victims Fund Act of 2021

    Pub. L. 117–27 § 2(b)(1)(A) · 135 Stat. 301

    Substituted · 34 U.S.C. § 20102(a)(1)

    Pub. L. 117–27, § 2(b)(1)(A), substituted “75 percent” for “40 percent in fiscal year 2002 and of 60 percent in subsequent fiscal years”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 117–27, § 2(b)(1)(A), substituted “75 percent” for “40 percent in fiscal year 2002 and of 60 percent in subsequent fiscal years”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “40 percent in fiscal year 2002 and of 60 percent in subsequent fiscal years” and inserting “75 percent”;

28. 2021

    VOCA Fix to Sustain the Crime Victims Fund Act of 2021

    Pub. L. 117–27 § 2(b)(1)(B) · 135 Stat. 301

    Struck · 34 U.S.C. § 20102(a)(2)

    Pub. L. 117–27, § 2(b)(1)(B), struck out “of 40 percent in fiscal year 2002 and of 60 percent in subsequent fiscal years” after “to provide grants”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 117–27, § 2(b)(1)(B), struck out “of 40 percent in fiscal year 2002 and of 60 percent in subsequent fiscal years” after “to provide grants”.

    Enacted provision · exact public law section
    (B) in paragraph (2), by striking “of 40 percent in fiscal year 2002 and of 60 percent in subsequent fiscal years”;

29. 2021

    VOCA Fix to Sustain the Crime Victims Fund Act of 2021

    Pub. L. 117–27 § 2(b)(1)(C) · 135 Stat. 301

    1. Added · 34 U.S.C. § 20102(a)(3); 34 U.S.C. § 20102(a)(4)

       Pub. L. 117–27, § 2(b)(1)(C), (D), added par. (3)

    2. Redesignated · 34 U.S.C. § 20102(a)(3); 34 U.S.C. § 20102(a)(4)

       Pub. L. 117–27, § 2(b)(1)(C), (D), redesignated former par. (3) as (4)

    Source evidence

    Code amendment note
    Subsec. (a)(3), (4). Pub. L. 117–27, § 2(b)(1)(C), (D), added par. (3) and redesignated former par. (3) as (4).

    Enacted provision · exact public law section
    (C) by redesignating paragraph (3) as paragraph (4); and

30. 2021

    VOCA Fix to Sustain the Crime Victims Fund Act of 2021

    Pub. L. 117–27 § 2(b)(2) · 135 Stat. 301

    Substituted · 34 U.S.C. § 20102(b)(2)

    Pub. L. 117–27, § 2(b)(2), substituted “authorities, except if a program determines such cooperation may be impacted due to a victim’s age, physical condition, psychological state, cultural or linguistic barriers, or any other health or safety concern that jeopardizes the victim’s wellbeing;” for “authorities;”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 117–27, § 2(b)(2), substituted “authorities, except if a program determines such cooperation may be impacted due to a victim’s age, physical condition, psychological state, cultural or linguistic barriers, or any other health or safety concern that jeopardizes the victim’s wellbeing;” for “authorities;”.

    Enacted provision · exact public law section
    (2) in subsection (b)(2) by striking “authorities;” and inserting “authorities, except if a program determines such cooperation may be impacted due to a victim’s age, physical condition, psychological state, cultural or linguistic barriers, or any other health or safety concern that jeopardizes the victim’s wellbeing;”; and

31. 2021

    VOCA Fix to Sustain the Crime Victims Fund Act of 2021

    Pub. L. 117–27 § 2(b)(3) · 135 Stat. 301

    Added · 34 U.S.C. § 20102(d)(5)

    Pub. L. 117–27, § 2(b)(3), added par. (5)

    Source evidence

    Code amendment note
    Subsec. (d)(5). Pub. L. 117–27, § 2(b)(3), added par. (5).

    Enacted provision · exact public law section
    (3) in subsection (d)— (A) in paragraph (3), by striking “; and” and inserting a semicolon; (B) in paragraph (4), by striking the period at the end and inserting “; and”; and (C) by adding at the end the following new paragraph: “(5) the term ‘recovery costs’ means expenses for personnel directly involved in the recovery efforts to obtain collections from restitution or from subrogation for payment under a civil law suit.” .

32. 2022

    Violence Against Women Act Reauthorization Act of 2022

    Pub. L. 117–103 § 1311 · 136 Stat. 49

    Substituted · 34 U.S.C. § 20102(a)(1)

    Pub. L. 117–103, § 1311, substituted “paragraph (4)” for “paragraph (3)”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 117–103, § 1311, substituted “paragraph (4)” for “paragraph (3)”.

    Enacted provision · exact public law section
    SEC. 1311. TECHNICAL CORRECTION TO VICTIMS OF CRIME ACT.   Section 1403(a)(1) of the Victims of Crime Act of 1984 (34 U.S.C. 20102(a)(1)) is amended by striking “paragraph (3)” and inserting “paragraph (4)”.

    Effective date note
    Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.

33. 2022

    Fairness for Rape Kit Backlog Survivors Act of 2022

    Pub. L. 117–103 § 1316(b) · 136 Stat. 49

    1. Added · 34 U.S.C. § 20102(b)(9); 34 U.S.C. § 20102(b)(10)

       Pub. L. 117–103, § 1316(b), added par. (9)

    2. Redesignated · 34 U.S.C. § 20102(b)(9); 34 U.S.C. § 20102(b)(10)

       Pub. L. 117–103, § 1316(b), redesignated former par. (9) as (10)

    Source evidence

    Code amendment note
    Subsec. (b)(9), (10). Pub. L. 117–103, § 1316(b), added par. (9) and redesignated former par. (9) as (10).

    Enacted provision · exact public law section
    (b) Crime Victim Compensation.— Section 1403(b) of the Victims of Crime Act of 1984 (34 U.S.C. 20102(b)) is amended— (1) in paragraph (8), by striking “and” at the end; (2) by redesignating paragraph (9) as paragraph (10); and (3) by inserting after paragraph (8) the following: “(9) beginning not later than 3 years after the date of enactment of this paragraph, such program— “(A) provides a waiver for any application filing deadline imposed by the program for a crime victim if— “(i) the crime victim is otherwise eligible for compensation; and “(ii) the delay in filing the application was a result of a delay in the testing of, or a delay in the DNA profile matching from, a sexual assault forensic examination kit or biological material collected as evidence related to a sexual offense; and “(B) does not require the crime victim to undergo an appeals process to have the application of the crime victim considered for a filing deadline waiver under subparagraph (A); and” .

    Effective date note
    Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.

36 of 40 references resolved to an enrolled provision · 4 partial