Clerk session vote number: 312
Bill summary: Violent Crime Control and Law Enforcement Act of 1991 -
Title I: Death Penalty
- Federal Death Penalty Act of 1991 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes.
Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, of its intention to seek the death penalty and of the aggravating factors upon which it will rely.
separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death.
Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury.
Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt.
Includes as threshold aggravating factors for homicide that the defendant: (1) intentionally killed the victim; (2) intentionally inflicted serious bodily injury which resulted in the death of the victim; (3) intentionally participated in an act, contemplating that the life of a person would be taken, and the victim died as a direct result of the act; (4) attempted to kill the President of the United States; or (5) intentionally engaged in an act constituting reckless disregard for human life, knowing that the act created a grave risk of death of someone other than the participants, and the victim died as a direct result of the act.
Sets forth special aggravating factors with respect to the crimes of treason, espionage, homicide, and attempted murder of the President.
States that no person who was less than 18 years of age at the time of the offense may be sentenced to death. Prohibits the execution of mentally retarded persons, persons who as a result of mental disability lack the mental capacity to understand the death penalty and why it was imposed on them, or pregnant women.
Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding that such sentence is justified based on consideration of both the aggravating and mitigating factors.
Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant or any victim in its consideration of the sentence. Specifies that the jury or the court is never required to impose a death sentence.
Establishes procedures for appeal from a death sentence. Requires the Court of Appeals to review the record, address all substantive and procedural issues raised on appeal, and consider whether such sentence was imposed under the influence of passion, prejudice, or any other arbitrary factor and whether the evidence supports the special finding of the existence of the required aggravating factor. Specifies that whenever such court finds that the sentence was imposed under such influence, the admissible evidence adduced does not support such special finding, or the proceedings involved any other legal error requiring reversal of the sentence that was properly preserved for appeal under the rules of criminal procedure, the court shall remand the case for reconsideration or impose a sentence other than death (and, in any other case, remand for reconsideration). Requires the court to provide a written explanation of its determination.
Prohibits requiring any employee of any State department of corrections, the U.S. Department of Justice, the Marshals Service, the Bureau of Prisons (BOP), or any provider of services under contract to participate in any prosecution or execution if participation is contrary to his or her moral or religious convictions.
Bars the imposition of a death sentence for a death-eligible offense committed in Indian country unless the Indian tribe having criminal jurisdiction over land and persons subject to such jurisdiction has elected to have this title apply in such cases.
Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death.
Provides for the imposition of the death penalty for: (1) murders committed by prisoners in Federal correctional institutions; (2) kidnappings which result in the death of any person; (3) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (4) murder in the aid of a racketeering activity; (5) civil rights murders and certain murders involving damage to religious property or obstruction of persons in the free exercise of religious belief; (6) genocide; (7) murders of Federal law enforcement officials; and (8) other specified offenses.
Death Penalty for Drug Kingpins Act of 1991 - Provides for imposition of the death penalty for those: (1) subject to mandatory life imprisonment for committing a Federal drug felony as part of a continuing criminal enterprise which involved specified quantities of controlled substances or specified gross receipts arising out of such activity; (2) convicted of committing such a felony as part of a continuing criminal enterprise where the defendant is a principal administrator, organizer, or leader of such an enterprise and, in order to obstruct the investigation or prosecution of the enterprise, attempts or conspires to kill any public officer, juror, witness, or family or household member of such a person; and (3) who, acting with a specified state of mind, engage in a Federal drug felony resulting in the death of another person in the course of the violation or from the use of the controlled substance involved in the violation.
Sets forth aggravating factors for drug offense death penalty, including previous conviction of an offense for which a sentence of death or life imprisonment was authorized, previous conviction of other serious offenses, previous serious drug felony conviction, use of a firearm, distribution to persons under age 21, distribution near schools, using minors in trafficking, and lethal adulteration.
Drive-By-Shooting Prevention Act of 1991 - Sets penalties for any individual who, in furtherance or to escape detection of a major drug offense, with intent to intimidate, harass, injure, or maim, fires a weapon into a group of two or more people causing: (1) grave risk to human life (a fine and up to 25 years imprisonment); or (2) death (a fine, life imprisonment, or, in the case of first degree murder, a sentence of death).
Makes any U.S. national who kills or attempts to kill another U.S. national while outside the United States but within the jurisdiction of another country subject to Federal provisions regarding murder, manslaughter, and attempt to commit murder or manslaughter. Specifies that no prosecution under this provision: (1) may be instituted except upon the written approval of the Attorney General, Deputy Attorney General, or an Assistant Attorney General; and (2) shall be approved if prosecution has previously been undertaken by a foreign country for the same act or omission, unless the Attorney General determines that the act or omission took place in a country in which the person is no longer present and the country lacks the ability to lawfully secure such person's return. States that a determination by the Attorney General under this provision is not subject to judicial review.
Authorizes imposition of the death penalty for: (1) sexual abuse resulting in death; (2) sexual exploitation of children resulting in death; (3) murder by escaped prisoners; (4) gun murders during Federal crimes of violence or drug trafficking crimes; and (5) homicides and attempted homicides involving firearms in Federal facilities.
Title II: Habeas Corpus Reform
- Habeas Corpus Reform Act of 1991 - Amends the Federal judicial code to revise provisions governing habeas corpus procedures, particularly in capital cases.
Establishes a statute of limitations of one year for the filing of an application for habeas corpus relief from a sentence of death. Prescribes periods during which such time requirement shall be tolled, including any period during which the applicant is not represented by counsel. Provides for dismissal of an application for failure to comply with such time requirement, except where the waiver of such requirement is warranted by exceptional circumstances.
Specifies requirements for stays of execution in capital cases.
Bars the court from applying a new rule representing a sharp break from precedent announced by the U.S. Supreme Court that could not reasonably have been anticipated at the time the claimant's sentence became final in State court.
Requires a State in which capital punishment may be imposed to provide legal services to indigents: (1) charged with offenses for which capital punishment is sought; (2) who have been sentenced to death and who seek appellate, collateral, or unitary review in State court; and (3) who have been sentenced to death and who seek certiorari review of State court judgments in the U.S. Supreme Court.
Directs the State to establish an appointing authority which shall be a statewide defender organization, a resource center, or a committee appointed by the highest State court, comprised of bar members with substantial experience in, or commitment to, criminal justice.
Requires the appointing authority to: (1) publish a roster of attorneys qualified to be appointed in capital cases, procedures by which attorneys are appointed, and standards governing qualifications and performance of counsel (including knowledge and understanding of pertinent legal authorities regarding issues in capital cases; skills in the conduct of negotiations, litigation, and investigation of capital cases, the psychiatric history and current condition of capital clients, and the preparation and writing of legal papers in capital cases; in the case of counsel appointed for the trial or sentencing stages, five years of experience as a prosecutor or defense counsel in criminal felony cases; and, in the case of counsel for the appellate, post-conviction, or unitary review stages, three years of such experience); (2) monitor the performance of attorneys appointed and delete from the roster any attorney who fails to meet qualification and performance standards; and (3) appoint a defense team, including at least two attorneys, to represent a client at the relevant stage of proceedings, promptly upon receiving notice of the need for the appointment from the relevant State court.
Sets forth additional provisions with respect to the appointment of counsel.
Requires that, in the case of an applicant for Federal habeas corpus relief under sentence of death, a claim presented in a second or successive application be dismissed unless the applicant shows that: (1) the basis of the claim could not have been discovered by the exercise of reasonable diligence before the applicant filed the prior application, or the failure to raise the claim in the prior application was due to action by State officials in violation of the U.S. Constitution; and (2) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the applicant's guilt of the offense for which the capital sentence was imposed, or in the validity of that sentence under Federal law.
Grants an applicant under sentence of death the right to appeal without a certification of probable cause, except after denial of a second or successive application.
Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to require the Director of the Bureau of Justice Assistance (BJA) to provide grants to the States to support litigation pertaining to Federal habeas corpus petitions in capital cases. Specifies that the total funding available for such grants within a fiscal year shall be equal to the funding provided to capital resource centers, pursuant to Federal appropriations, in the same fiscal year.
Title III: Exclusionary Rule
- Amends the Federal criminal code to bar the exclusion of evidence obtained as a result of a search or seizure that was in violation of the fourth amendment to the Constitution if the search or seizure was carried out in reasonable reliance on a warrant that was issued by a detached and neutral magistrate and that was ultimately found to be invalid unless: (1) the judicial officer in issuing the warrant was materially misled by information in an affidavit that the affiant knew was false or would have known was false except for his reckless disregard of the truth; (2) the judicial officer provided approval of the warrant without exercising a neutral and detached review of the application for the warrant; (3) the warrant was based on an affidavit so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable; or (4) the warrant is so facially deficient that the executing officers could not reasonably presume it to be valid.
Title IV: Coerced Confessions
- Specifies that the admission into evidence of a coerced confession (i.e., one elicited in violation of the fifth or fourteenth amendments to the Constitution) shall not be considered harmless error.
Title V: Firearms
Subtitle A: Brady Handgun Violence Prevention Act
- Specifies that, beginning 90 days after the enactment of this subtitle and ending on the day before the date that the Attorney General certifies that the national instant criminal background check system (System) is established (pursuant to this subtitle), it shall be unlawful for any licensed importer, manufacturer, or dealer to sell, deliver, or transfer a handgun to an unlicensed individual unless: (1) after the most recent proposal of such transfer by the individual, the transferor has received a statement of eligibility from the individual, verified the identity of such individual by examining the identification document presented, provided notice of the contents, and transmitted a copy of the statement to the chief law enforcement officer (chief) of the place of residence of the individual within one day after the individual furnishes the statement; and five business days have elapsed from the date the transferor furnished notice of the contents of the statement to the chief, during which period the transferor has not received information from the chief that receipt or possession of the handgun by the individual would be in violation of Federal, State, or local law, or has received notice from the chief that the chief has no information indicating that such receipt or possession would violate Federal, State, or local law; (2) the individual has presented to the transferor a statement from the chief, issued in the past ten days, stating that the individual requires a handgun because of a threat to such individual or such individual's family; (3) the individual has presented to the transferor a permit to possess a handgun that has been issued in the past five years by the State in which the transfer is to take place under a State law which requires law enforcement verification of the individual's legal qualification to possess a handgun; (4) State law requires that an authorized government official verifies that the information available to such official does not indicate that possession of a handgun by the purchaser would be unlawful, with exceptions; (5) the Secretary of the Treasury has approved the transfer under provisions of the Internal Revenue Code of 1986 (IRC); or (6) the Secretary has certified, on application of the transferor, that compliance with the notice requirement is impracticable for specified reasons.
Requires a chief to whom a transferor has provided notice to make a reasonable effort to ascertain within five business days whether the individual has a criminal record or whether there is any other legal impediment to the individual's receiving a handgun, including research in whatever State and local record-keeping systems are available and in a national system designated by the Attorney General.
Requires the statement of eligibility to include a statement that the individual: (1) is not under indictment for and has not been convicted of a crime punishable by imprisonment for a term exceeding one year; (2) is not a fugitive; (3) is not an unlawful user of, or addicted to, a controlled substance; (4) has not been adjudicated as a mental defective or committed to a mental institution; (5) is not an alien who is illegally in the United States; (6) has not been dishonorably discharged from the armed forces; and (7) is not a person who has renounced U.S. citizenship.
Requires any transferor who, after a transfer, receives a report from such officer that receipt or possession of the handgun by the individual violates the law, to: (1) furnish information about the transfer and the individual to the chief of the transferor's place of business and the individual's place of residence; and (2) keep confidential any information received which is not otherwise available to the public, with exceptions.
Requires a transferor to retain a copy of the individual's statement and retain evidence of compliance with the requirement under this Act with respect to the furnishing of notice of the contents and a copy of the statement to the chief of the place of residence of the individual within one day after furnishing such statement. Requires: (1) the chief, within 20 business days after the date the individual made the statement on the basis of which the notice was provided, to destroy the statement and any record containing information derived from the statement; and (2) that the information contained in the statement not be conveyed to any person not having a need to know and not be used for any purpose other than to carry out this subtitle.
Specifies that a chief or other person responsible for providing criminal history background information pursuant to this subtitle shall not be liable in an action at law for damages for failure to prevent the sale or transfer of a handgun to a person whose receipt or possession of the handgun is unlawful under this subtitle, or for preventing such a sale or transfer to a person who may lawfully receive or possess a handgun.
Directs the Secretary to take necessary actions to ensure that the provisions of this subtitle are published and disseminated to licensed dealers, law enforcement officials, and the public.
Specifies that, beginning on the date that the Attorney General certifies that the System is established, a licensed importer, manufacturer, or dealer shall not transfer a firearm to another person who is not such a licensee unless: (1) before the completion of the transfer, the licensee contacts the System; (2) the System notifies the licensee that it has located any record that demonstrates that the receipt of a firearm by such person would violate this subtitle or any State or local law; and (3) the transferor has verified the identity of the individual by examining a valid identification document of the individual containing a photograph of such individual. Makes such provision inapplicable to a firearm transfer between a licensee and another person if: (1) such other person has presented to the licensee a permit that allows such other person to possess a firearm and was issued not more than five years earlier by the State in which the transfer is to take place, and the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by such other person would be a violation of law; (2) the Secretary has approved the transfer under provisions of the IRC; or (3) the Secretary has certified, on application of the transferor, that compliance is impracticable for specified reasons.
Specifies that: (1) if the System notifies the licensee that the information available to the System does not demonstrate that the receipt of a firearm by such other person would violate this subtitle and the licensee transfers a firearm to such person, the licensee shall include in the record of the transfer the unique identification number provided by the System with respect to the transfer; and (2) neither a Federal, State, or local government employee responsible for providing information to the System shall be liable in an action at law for damages for failure to prevent the sale or transfer of a handgun to a person whose receipt or possession of the handgun is unlawful under this subtitle, or for preventing such a sale or transfer to a person who may lawfully receive or possess a handgun.
Authorizes the Secretary to suspend for up to six months or revoke the license of, and impose a civil fine of up to $5,000 upon, a licensee who knowingly transfers a firearm to another person and fails to comply with the transfer requirements of this subtitle, subject to specified limitations.
Provides that whoever knowingly violates the provisions of this subtitle shall be fined up to $1,000, imprisoned for not more than one year, or both.
Directs the Attorney General to: (1) establish the System; and (2) expedite the upgrading and indexing of State criminal history records in the Federal criminal records system maintained by the Federal Bureau of Investigation (FBI), the development of hardware and software systems to link State criminal history check systems into the System, and the current revitalization initiatives by the FBI for technologically advanced fingerprint and criminal records identification.
Requires the Attorney General, within six months, to: (1) determine the type of computer hardware and software that will be used to operate the System and the means by which State criminal records systems will communicate with the System; (2) investigate the criminal records system of each State and determine for each a timetable by which the State should be able to provide criminal records on an on-line capacity basis to the System; and (3) notify each State of the determinations made pursuant to such provisions. Directs the Attorney General to require as part of the State timetable that the State achieve, within five years, at least 80 percent currency of case dispositions in computerized criminal history files for all cases in which there has been an event of activity within the last five years and continue to maintain such a system.
Directs the Attorney General, within 30 months and at any time thereafter, to determine whether the System has achieved at least 80 percent currency of case dispositions in computerized criminal history files for all cases in which there has been an event of activity within the last five years on a national average basis and whether the States are in compliance with the timetable and, if so, certify that the System is established.
Sets forth provisions with respect to: (1) State noncompliance with the timetable; (2) notification of licensees and chiefs of each State of the existence, purpose, and means of using the System; (3) authority of the Attorney General; and (4) correction of erroneous System information.
Directs the Attorney General, after 90 days' notice to the public and an opportunity for hearing by interested parties, to prescribe regulations to ensure the privacy and security of System information.
Bars any department, agency, officer, or employee of the United States from: (1) requiring that any record or portion thereof maintained by the System be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or political subdivision thereof; or (2) use the System to establish any system for the registration of firearms, firearm owners, or firearm transactions or dispositions, except with respect to persons prohibited from receiving a firearm.
Amends the Omnibus Act to authorize the use of justice system improvement formula grants for the improvement of State record systems and the sharing with the Attorney General of specified records for the purpose of implementing this Act.
Directs the Attorney General, subject to appropriations and with preference to States that as of the date of enactment of this Act have the lowest percent currency of case dispositions in computerized criminal history files, to make a grant to each State to be used: (1) for the creation of a computerized criminal history record system or improvement of an existing system; (2) to improve accessibility to the System; and (3) upon establishment of the System to assist the State in the transmittal of criminal records to the System. Authorizes appropriations.
Sets forth provisions with respect to the withholding of State and Department of Justice (DOJ) funds.
Subtitle B: Gun Crime Penalties
- Amends the Federal criminal code to prohibit the receipt of firearms by non-residents of the State in which the transferor resides, unless such receipt is for lawful sporting purposes.
Provides for enhanced penalties for: (1) the use of a semiautomatic firearm during a crime of violence or drug trafficking offense, with exceptions; (2) possession of a firearm or explosive during the commission of such offenses; and (3) using a firearm in the commission of counterfeiting or forgery.
Sets forth penalties for smuggling firearms in aid of drug trafficking and for theft of firearms and explosives.
Increases penalties for: (1) making knowingly false, material statements in connection with the acquisition of a firearm from a licensed dealer; and (2) a second offense of using an explosive to commit a Federal felony.
Authorizes the summary destruction of explosives subject to forfeiture under specified circumstances. Sets forth requirements for reimbursement of the value of destroyed property.
Provides for a mandatory penalty for firearms possession of: (1) five years' imprisonment for a previous conviction of a violent felony or a serious drug offense; and (2) ten to 20 years' imprisonment for two previous convictions of such a felony or offense. Bars the court from suspending the sentence of, or granting a probationary sentence to, such person with respect to the conviction for a specified offense involving the transport of firearms or ammunition in interstate or foreign commerce.
Provides for the mandatory revocation of: (1) the supervised release of an individual for possession of a firearm; and (2) the parole of an individual for possession of a controlled substance or firearm.
Prohibits: (1) the possession of explosives by felons and specified others; and (2) transactions involving stolen firearms which have moved in interstate or foreign commerce.
Directs the Secretary of the Treasury to: (1) conduct a study of specified types of incendiary ammunition to determine whether there is a reasonable sporting, and law enforcement, use for such ammunition; and (2) report to the Congress.
Subjects individuals who conspire to commit a firearms or explosives offense to the same penalties as those prescribed for the underlying offense.
Provides for a fine or up to ten years' imprisonment, or both, for stealing a firearm or explosive from specified individuals, such as a licensed importer, manufacturer, or dealer.
Makes it unlawful for any person (current law specifies licensee) to distribute explosive materials to specified classes of individuals.
Defines "burglary" to mean any crime punishable by a term of imprisonment exceeding one year and consisting of entering or remaining surreptitiously within a building that is the property of another with intent to engage in conduct constituting a Federal or State offense.
Increases penalties for interstate gun trafficking .
Title VI: Obstruction of Justice
- Increases penalties for obstruction of justice offenses against court officers and jurors, and for retaliatory killings of witnesses, victims, and informants.
Provides for the death penalty for the murder of: (1) State or local officials, officers, or employees assisting Federal law enforcement officials; and (2) Federal witnesses.
Title VII: Youth Violence
- Amends the Controlled Substances Act (CSA) to increase the penalty for employing, using, inducing, or coercing individuals under age 18 to violate provisions of such Act, or to assist in avoiding detection or apprehension for certain offenses under such Act by Federal, State, or local law enforcement officials.
Increases penalties under the Travel Act for crime involving violence. Eliminates the $10,000 cap under such Act.
Specifies that a juvenile shall not be transferred to adult prosecution nor shall a hearing be held under section 5037 (disposition after a finding of juvenile delinquency) until any prior juvenile records have been received by the court or other specified conditions are met. (Current law states that "any proceedings against a juvenile under this chapter or as an adult shall not be commenced" until such conditions are met.)
Establishes penalties, in addition to the punishment otherwise provided for a crime, for the commission of a felony crime of violence or felony involving a controlled substance for which the maximum penalty is not less than five years' imprisonment in or for any criminal street gang, subject to specified conditions. Specifies that any term of imprisonment imposed under this title shall run consecutively to any other sentence imposed for the underlying crime.
Title VIII: Terrorism
Subtitle A: Terrorism: Civil Remedy
- Antiterrorism Act of 1991 - Amends the Federal criminal code to define the term "international terrorism" to include activities that: (1) involve violent acts that are a violation of Federal or State laws, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State; (2) appear to be intended to intimidate or coerce a civilian population, influence the policy of a government by intimidation or coercion, or affect the conduct of a government by assassination or kidnapping; and (3) occur primarily outside U.S. territorial jurisdiction or transcend national boundaries.
Authorizes any U.S. national injured in his or her person, property, or business by reason of an act of international terrorism to bring a civil action in U.S. district court and recover treble damages and the cost of the suit, including attorney's fees. Specifies that a final judgment or decree rendered in favor of the United States in certain classes of criminal proceedings (such as those involving the murder of a foreign official, kidnapping, hostage taking, killing of a U.S. national, or an aircraft piracy-related offense) or in favor of any foreign state in a criminal proceeding to the extent that such judgment or decree may be accorded full faith and credit under U.S. law shall estop the defendant from denying the essential allegations of the criminal offense in a subsequent civil proceeding under this Act.
Sets forth provisions with respect to jurisdiction and venue for, and limitation of, such civil actions.
Subtitle B: Maritime Navigation and Fixed Platforms
- Amends the Federal criminal code to establish penalties for acts of violence against maritime navigation, such as seizing control of a ship by force, threat, or intimidation, performing acts of violence against persons on board a ship that are likely to endanger safe navigation, and destroying or seriously damaging maritime navigational facilities that are likely to endanger safe navigation. Sets forth similar provisions with respect to maritime fixed platforms.
Subtitle C: General Provisions
- Amends the Federal criminal code to establish penalties for using weapons of mass destruction against a U.S. national outside of the United States, any person within the United States, or any property that is owned, leased, or used by the United States or any U.S. department or agency. Provides for the death penalty if death results.
Amends: (1) the International Economic Emergency Powers Act to increase penalties for violations of such Act; and (2) the Federal criminal code to increase penalties with respect to the issuance and verification of a passport without lawful authority, false statements in the application for and use of a passport, and forgery, false use, or misuse of a passport.
Declares that all the territorial sea of the United States, as defined by Presidential Proclamation 5928 of December 27, 1988: (1) is part of the United States, subject to its sovereignty; and (2) for purposes of Federal criminal jurisdiction, is within the special maritime and territorial jurisdiction of the United States.
Sets forth additional provisions with respect to U.S. jurisdiction over the territorial sea and over crimes against U.S. nationals on foreign vessels.
Establishes criminal penalties for committing, or attempting to commit, torture outside the United States, with jurisdiction over the prohibited activity if the alleged offender is a U.S. national or is present in the United States, irrespective of the nationality of the victim or the alleged offender.
Extends the statute of limitations for specified terrorism offenses, including airport and maritime violence, hostage taking, use of weapons of mass destruction, and torture, to ten years after the commission of the offense. (Repeals a five-year limitations period for non-capital offenses.)
Authorizes the Director of the FBI or his designee in a position not lower than Deputy Assistant Director to request: (1) the name, address, length of service, and toll billing records of a person or entity (person) if the Director (or his designee in a position not less than Deputy Assistant Director) certifies in writing to the wire or electronic communication service provider to which the request is made that such information is relevant to an authorized foreign counterintelligence investigation and that there are specific, articulable facts giving reason to believe that the person to whom the information sought pertains is a foreign power or agent (current law does not specify the type of information sought or the position of the designee, and excludes all that follows); and (2) the name, address, and length of service of a person if the Director (or his designee in a position not lower than Deputy Assistant Director) certifies that the information sought is relevant to an authorized foreign counterintelligence investigation and that there are specific, articulable facts giving reason to believe that communication facilities registered in the name of the person have been used through the services of such provider in communication with an individual who is or has been engaged in international terrorism or clandestine intelligence activities, or with a foreign power or agent under circumstances giving reason to believe that the communication concerned international terrorism or clandestine intelligence activities, that involve or may involve a violation of U.S. criminal statutes.
Requires the Director to report to the House and Senate Judiciary Committees with respect to semi-annual reports concerning requests for information under such provision.
Sets forth penalties for: (1) performing or attempting an act of violence against a person at an airport serving international civil aviation which causes or is likely to cause serious injury or death; (2) destroying or seriously damaging the facilities of, or a civil aircraft not in service at, such airport; or (3) disrupting the services of such airport, if such an act endangers or is likely to endanger safety.
Makes the willful violation of certain Federal Aviation Administration regulations relating to airport and airline security punishable by a fine, imprisonment for up to one year, or both.
Makes it a Federal criminal offense to counterfeit, or to make, deal, or possess any plate or other item used in the counterfeiting of, U.S. securities abroad.
Establishes an Economic Terrorism Task Force to: (1) assess the threat of terrorist actions directed against the U.S. economy and the adequacy of existing policies and procedures designed to prevent such actions; and (2) recommend administrative and legislative responses to prevent such actions. Sets forth provisions regarding the makeup of, and making provisions of the Federal Advisory Committee Act inapplicable to, such Task Force. Establishes reporting requirements. Specifies that if the report of the Task Force is classified, an unclassified version shall be prepared for public distribution.
Provides for the imposition of the death penalty for terrorist murders.
Directs the U.S. Sentencing Commission to amend its sentencing guidelines to provide an increase of not less than three levels in the base offense level for any felony, whether committed within or outside the United States, that involves or is intended to promote international terrorism, unless such involvement or intent is itself an element of the crime.
Amends the Immigration and Nationality Act to provide for the establishment of a new nonimmigrant classification with respect to an alien (and such alien's spouse and minor children) who the Attorney General determines to be in possession of critical reliable information concerning a criminal organization or enterprise and willing to supply such information to Federal or State law enforcement authorities or a Federal or State court of law, and whose presence in the United States the Attorney General determines to be essential to the success of an authorized criminal investigation or the successful prosecution of an individual involved in the criminal organization or enterprise.
Authorizes the waiver of specified grounds for exclusion for such an alien if the Attorney General deems it in the national interest. Specifies that any such waiver shall be deemed a waiver of any comparable ground for deportation.
Limits to 100 the number of aliens who may be provided a visa as nonimmigrants under this provision in any fiscal year.
Sets forth additional provisions, including: (1) reporting requirements; (2) adjustment to permanent resident status; and (3) extension of the period of deportation for conviction of a crime.
Makes it a Federal criminal offense for an individual, within the United States and acting as an agent of a foreign power, to provide material support or resources (including currency, securities, communications equipment, facilities, weapons, personnel, and other physical assets), or to conceal or disguise the nature, location, source, or ownership of such support or resources, knowing that such resources or support are intended to be used to commit a terrorist act. Excludes from the definition of "material support or resources" humanitarian assistance to persons not directly involved in such violations.
Title IX: Sexual Violence and Child Abuse
Subtitle A: Sexual Abuse
- Amends the Federal criminal code to include within the definition of "sexual act" the intentional touching, not through the clothing, of the genitalia of another person who has not attained age 16 with intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.
Subtitle B: Child Protection
- National Child Protection Act of 1991 - Establishes a national criminal background check system (system) to which a designated agency in each State is required to report child abuse crime information, or index such information in the system, for purposes of background checks of child care providers.
Directs the Attorney General to establish: (1) guidelines for the reporting of such information; and (2) timetables for each State to report such information to the system (with a three-year deadline for all States to be reporting at a specified level of currency).
Requires State agencies to maintain close liaison for the exchange of technical assistance in cases of child abuse with the National Center: (1) on Child Abuse and Neglect; (2) for Missing and Exploited Children; and (3) for the Prosecution of Child Abuse.
Directs the Attorney General to publish annually: (1) a statistical summary of the child abuse crime information reported under this subtitle; and (2) a summary of each State's progress in reporting child abuse crime information to the system.
Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention to conduct a study to determined various factors relating to potential child abuse crimes and offenders, based on a statistically significant sample of convicted child abuse offenders and other relevant information. Requires a report on such study to be submitted to specified congressional committee officials.
Authorizes a State to have in effect procedures to permit a qualified entity (i.e., a business or organization that provides child care or child care placement services, or that certifies others to provide such care or services) to contact a State agency to request a nationwide background check to determine if a child care provider is under indictment for, or has been convicted of, a background check crime.
Directs the Attorney General to establish: (1) guidelines for State background check procedures, but permits the Attorney General to certify that a State procedure is equivalent to that under this subtitle under specified circumstances; and (2) criteria for such certifications.
Authorizes the Attorney General to: (1) prescribe such other measures as may be required to carry out the purposes of this subtitle; and (2) encourage the use of the best technology available in conducting background checks.
Amends the Omnibus Act to provide for the use of drug control and system improvement grants for the improvement of State record systems and the sharing of records of child abuse crime information to implement this subtitle.
Directs the Attorney General, subject to appropriations and with preference to States that have the lowest percent currency of case dispositions in computerized criminal history files, to make additional grants to each State to be used, for purposes of this subtitle: (1) for the computerization of criminal history files; (2) for the improvement of existing computerized criminal history files; (3) to improve accessibility to the system; and (4) to assist the State in the transmittal of criminal records to, or the indexing of criminal history records in, the system.
Authorizes: (1) appropriations; and (2) the withholding of a portion of the allocation for a fiscal year under the Omnibus Act to a State that is not in compliance with the timetable established under this subtitle.
Subtitle C: Crimes Against Children
- Jacob Wetterling Crimes Against Children Registration Act - Directs the Attorney General to establish a State program and guidelines requiring persons convicted of a criminal offense against a minor to register a current address with a designated State law enforcement agency (LEA) for ten years after release from prison, or being placed on parole or supervised release.
Sets forth requirements for an approved State registration program, including: (1) requirements that a State prison officer inform a released person of the duty to register and provide a designated State LEA with any new address in writing within ten days, obtain a fingerprint card and photograph if not already obtained, require the person to read and sign a form stating that the duty to register has been explained, and forward such information to a designated State LEA (which shall immediately enter the information into the appropriate State law enforcement record system, notify the appropriate LEA having jurisdiction where the person expects to live, and transmit the conviction data and fingerprints to the Identification Division of the FBI); (2) annual address verification by the designated State LEA; and (3) notification of LEAs having jurisdiction over a released person's new address.
Provides that: (1) a person required to register who violates any requirement of a State program established by this Act shall be subject to criminal penalties in such State (recommends at least six-months' imprisonment); and (2) the information provided under this Act is private and may be used for law enforcement purposes and confidential background checks conducted with fingerprints for child care services providers.
Specifies that the allocation of BJA grant funds (under the Omnibus Act) received by a State not complying with the provisions of this Act three years after the enactment of this Act shall be reduced by 25 percent. Requires such unallocated funds to be reallocated to the States in compliance with this Act.
Title X: Crime Victims
- Victims' Rights and Restitution Act of 1991 - Amends the Victims of Crime Act of 1984, as amended, to eliminate the cap on the crime victims fund.
Specifies that if the compensation paid by an eligible crime victim compensation program would cover costs that a Federal program, or a federally financed State or local program, would otherwise pay: (1) such victim compensation program shall not pay such compensation; and (2) the other program shall make its payments without regard to the existence of the crime victim compensation program.
Amends the Federal Rules of Criminal Procedure to authorize the court: (1) before imposing sentence for a crime of violence or sexual abuse, to address the victim personally if the victim is present at the sentencing hearing and determine if the victim wishes to make a statement and present any information in relation to the sentence; and (2) upon a motion that is filed jointly by the defendant and the attorney for the Government, to hear
such a statement by the victim.
Title XI: State and Local Law Enforcement
Subtitle A: Safer Streets and Neighborhoods
- Safer Streets and Neighborhoods Act of 1991 - Amends the Omnibus Act to: (1) authorize appropriations ($1,000,000,000 for FY 1992 and such sums as necessary in FY 1993 and 1994) for grants to State and local law enforcement agencies; and (2) continue the Federal-State funding formula for such agencies for FY 1992.
Authorizes the use of drug control and system improvement grants (under the Omnibus Act) for State and local government participation in multi-jurisdictional drug task forces.
Specifies that such grants may not for any fiscal year be expended for more than 75 percent (currently, not more than 75 percent for FY 1991 and 50 percent for any subsequent fiscal year appropriations) of the identified uses under such Act, with exceptions.
Authorizes: (1) appropriations; and (2) the Director of the BJA to make grants to, or enter into contracts with, non-Federal public or private agencies, institutions, or organizations to carry out specified purposes of such Act (current law does not specify "non-Federal"). Sets forth the effective date of such provision.
Subtitle B: DNA Identification
- DNA Identification Act of 1991 - Amends the Omnibus Act to authorize the use of drug control and system improvement grants to develop or improve in a forensic laboratory a capability to analyze deoxyribonucleic acid (DNA) for identification purposes. Requires State applications for grant funds to certify, if any part of such grant is to be used to develop or improve a DNA analysis capability in a forensic laboratory, that: (1) DNA analyses performed at such laboratory will satisfy or exceed then current standards for a quality assurance program for DNA analysis, issued by the Director of the FBI; (2) DNA samples obtained by, and DNA analyses performed at, such laboratory will be accessible only to criminal justice agencies for law enforcement identification purposes, to any defendant for criminal defense purposes, and if identifiable information is removed, for a population statistics database, for identification research and protocol development purposes, or for quality control purposes; and (3) such laboratory and each analyst performing DNA analyses at such laboratory will undergo, at regular intervals of not to exceed 180 days, external proficiency testing by a DNA proficiency testing program meeting the standards issued under this Act. Authorizes appropriations.
Requires the Director: (1) within 180 days, to appoint an advisory board on DNA quality assurance methods; and (2) appoint members of the board from among nominations proposed by the head of the National Academy of Sciences and professional societies of crime laboratory directors.
Specifies that the advisory board shall: (1) include as members scientists from State and local forensic laboratories, molecular geneticists and population geneticists not affiliated with a forensic laboratory, and a representative from the National Institute of Standards and Technology; and (2) develop, and if appropriate, periodically revise recommended standards for quality assurance, including standards for testing the proficiency of forensic laboratories and forensic analysts in conducting analyses of DNA.
Requires: (1) the Director of the FBI, after taking into consideration such recommended standards, to issue (and periodically revise) standards for quality assurance, including standards for testing the proficiency of forensic laboratories and forensic analysts in conducting DNA analyses; and (2) that such standards specify criteria for quality assurance and proficiency tests to be applied to the various types of DNA analyses used by forensic laboratories and include a system for grading proficiency testing performance to determine whether a laboratory is performing acceptably.
Specifies that: (1) until such time as the advisory board has made recommendations to the Director of the FBI and such Director has acted upon those recommendations, the quality assurance guidelines adopted by the technical working group on DNA analysis methods shall be deemed the Director's standards for purposes of this subtitle; and (2) the board shall cease to exist five years after the initial appointments are made to the board, unless the existence of the board is extended by the Director of the FBI.
Authorizes the Director of the FBI to establish an index of DNA identification records of persons convicted of crimes, analyses of DNA samples recovered from crime scenes, and analyses of DNA samples recovered from unidentified human remains. Specifies that such index may include only information on DNA identification records and analyses that are: (1) based on analyses performed in accordance with publicly available standards that satisfy or exceed specified guidelines for the quality assurance program for DNA analysis; (2) prepared by labs and DNA analysts that undergo regular external proficiency testing; and (3) maintained by Federal, State, and local criminal justice agencies pursuant to rules that restrict disclosure of stored DNA samples and analyses.
Makes the exchange of DNA identification records subject to cancellation if the quality control and privacy requirements of this Act are not met.
Requires: (1) FBI personnel who perform DNA analyses to undergo, at regular intervals of not to exceed 180 days, external proficiency testing by a DNA proficiency testing program meeting the standards issued pursuant to this Act; and (2) the Director of the FBI to submit an annual report on the results of such tests to specified congressional committees for five years after the enactment of this Act and arrange for periodic blind external tests to determine the proficiency of DNA analysis performed at the FBI laboratory within one year.
Restricts disclosure of DNA tests performed for a Federal law enforcement agency.
Sets fines of up to $100,000 for individuals: (1) having access to individually identifiable DNA information indexed in a database created or maintained by any Federal law enforcement agency by virtue of employment of official position who willfully disclose such information to any person or agency not entitled to receive it; and (2) who, without authorization, willfully obtain DNA samples or such individually identifiable DNA information.
Subtitle C: Department of Justice Community Substance Abuse Prevention
- Department of Justice Community Substance Abuse Prevention Act of 1991 - Amends the Omnibus Act to require the Attorney General to make grants to eligible community coalitions to implement comprehensive long-term strategies for substance abuse prevention, assess existing programs, identify and solicit funding sources, develop priorities, and coordinate substance abuse services and activities. Requires coalitions to encourage voluntary participation and community involvement and submit annual reports to the Attorney General and the appropriate State agency. Authorizes appropriations.
Subtitle D: Bindover System for Certain Violent Juveniles
- Amends the Omnibus Act to authorize the use of drug control and system improvement grants for programs addressing the need for effective bindover systems for the prosecution of violent 16 and 17 year olds in courts with jurisdiction over adults for first- and second-degree murder, attempted murder, armed robbery when armed with a firearm, aggravated battery or assault when armed with a firearm, criminal sexual penetration when armed with a firearm, and drive-by shootings.
Subtitle E: Community Policing; Cop on the Beat
- Community Policing; Cop on the Beat Act of 1991 - Amends the Omnibus Act to authorize the Director of the BJA to make grants to units of general local government and community groups to establish or expand cooperative efforts between police and community to increase the police presence in the community.
Requires the Director to develop a written model that informs community members regarding: (1) how to identify the existence of a drug or gang house; (2) what civil remedies are available; and (3) what mediation techniques are available between community members and individuals who have established a drug or gang house in such community.
Sets forth application requirements. Requires each application to include a comprehensive plan containing: (1) a description of the crime problems within the areas targeted for assistance, the projects to be developed, community resources and gaps in the plan that cannot be filled with existing resources, and the system the applicant will establish to prevent and reduce crime; (2) an explanation of how the requested grant will be used to fill such gaps; and (3) an evaluation component.
Requires the Director to allocate not less than 75 percent of the funds available to units of local government or combinations of such units and not more than 20 percent to community groups. Provides for grant renewal. Limits: (1) costs of administration, technical assistance, and evaluation to five percent of available funds; and (2) the Federal share to 75 percent of total project costs.
Requires the Director, in awarding grants, to consider: (1) demonstrated need and ability to provide the services described in the plan; (2) evidence of the ability to coordinate a community-wide response to crime; (3) ability to maintain the program after funding is no longer available; and (4) geographic distribution of grant awards. Sets forth reporting requirements. Authorizes appropriations.
Subtitle F: Drug Testing of Arrested Individuals
- Authorizes the Director of the BJA to make grants to States, for use by States and units of local government, to develop, implement, or continue drug testing projects when individuals are arrested and during the pretrial period.
Sets forth provisions with respect to: (1) State applications, including a requirement that the State agree to develop or maintain programs of urinalysis or similar drug testing of individuals upon arrest and on a regular basis pending trial for the purpose of making pretrial detention decisions; (2) local applications; (3) the allocation and distribution of funds to State and local governmental units; and (4) reporting requirements. Authorizes appropriations.
Subtitle G: Racial and Ethnic Bias Study Grants
- Authorizes the Attorney General to make grants to States that have established by State law or by the court of last resort a plan for analyzing the role of race in such State's criminal justice system, including recommendations designed to correct any findings that racial and ethnic bias plays such a role. Sets forth provisions regarding: (1) grant criteria; (2) reports by States; and (3) reimbursement of States for work started prior to the enactment of this Act. Authorizes appropriations.
Subtitle H: Midnight Basketball
- Directs the Attorney General to make grants for midnight basketball league anti-crime programs. Sets forth provisions regarding: (1) eligible entities; (2) use of grants funds; (3) program requirements; (4) grant amount limitations; (5) application requirements; (6) selection of entities; (7) technical assistance grants; (8) an advisory committee; (9) reporting requirements; and (10) a study of the effectiveness of such programs in reducing crime and increasing employability of eligible entities receiving grants. Authorizes appropriations.
Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to authorize the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to States and units of general local government to assist them in planning, coordinating, and evaluating projects to reduce the formation or continuation of juvenile gangs and the use and sale of illegal drugs by juveniles. Specifies the allocation (50-50) of funds available to each State for juvenile drug supply and drug reduction programs.
Directs the Administrator to give priority to programs aimed at juvenile involvement in organized gang- and drug-related activities.
Authorizes the Administrator to make special international ports of entry juvenile crime and drug demand reduction grants.
Authorizes appropriations. Sets forth provisions with respect to application, and review and approval, procedures.
Subtitle I: Trauma Centers
- Amends the Public Health Service Act (PHSA) to authorize the Secretary of Health and Human Services (HHS) to make grants for the operating expenses of trauma-care centers with substantial uncompensated costs in areas with significant violence arising from drug abuse.
Gives priority to centers: (1) receiving State or political subdivision support not connected to any Federal program; or (2) in areas where a trauma center has ceased participation, or because of uncompensated costs will be unable to participate, in the trauma care system.
Limits: (1) support for a center to three fiscal years, subject to extension by the Secretary for one additional year; and (2) the grant amount to any single center to $2,000,000 in any fiscal year. Authorizes appropriations.
Subtitle J: Certainty of Punishment for Young Offenders
- Certainty of Punishment for Young Offenders Act of 1991 - Amends the Omnibus Act to require the Director of the BJA to make grants to States, for use by States and units of local governments, to develop alternatives to incarceration and probation for young offenders which promote reduced recidivism, crime prevention, and victim assistance, including boot camp prison programs, community service programs, and demonstration restitution projects.
Sets forth provisions with respect to: (1) State and local applications; (2) application review; (3) the allocation and distribution of funds to State and local governmental units; (4) evaluation; and (5) limitations on administrative costs. Authorizes appropriations.
Title XII: Provisions Relating to Police Officers
Subtitle A: Law Enforcement Family Support
- Amends the Omnibus Act to require the Director of the BJA to: (1) establish guidelines and oversee the implementation of family-friendly policies within law enforcement-related offices and divisions of DOJ; (2) study the effects of stress on law enforcement personnel and family well-being, and disseminate the findings of such studies to Federal, State, and local LEAs, related organizations, and other interested parties; (3) identify and evaluate model programs that provide support services to law enforcement personnel and families; (4) provide technical assistance and training programs to develop stress reduction and family support to State and local LEAs; (5) collect and disseminate information regarding family support, stress reduction, and psychological services to Federal, State, and local LEAs, law enforcement-related organizations, and other interested entities; and (6) determine issues to be researched by the BJA and by grant recipients.
Authorizes the Director to make grants to States and local LEAs to provide family support services to law enforcement personnel.
Directs State or local law enforcement grant recipients to use sums provided to establish or improve training and support programs for law enforcement personnel, including providing at least one of the following services: (1) counseling for law enforcement family members; (2) child care on a 24-hour basis; (3) marital and adolescent support groups; (4) stress reduction programs; and (5) stress education for law enforcement recruits and families.
Authorizes such recipients to provide services such as: (1) post-shooting debriefings for officers and their spouses; (2) group therapy; (3) hypertension clinics; (4) counseling for families of personnel killed in the line of duty; and (5) seminars regarding alcohol, drug abuse, gambling, and overeating.
Sets forth provisions with respect to: (1) application requirements; (2) geographic distribution of assistance among the States; (3) duration of the grant (not to exceed five years); and (4) limitations on the use of grant funds (not more than ten percent) for administrative purposes.
Authorizes the Director to reserve ten percent of appropriated funds for discretionary research grants.
Sets forth reporting requirements (by grant recipients and by the Director).
Subtitle B: Police Pattern or Practice
- Makes it unlawful for any governmental authority to engage in a pattern or practice of conduct by law enforcement officers that deprives persons of their constitutional or statutory rights, privileges, or immunities.
Authorizes civil actions by the Attorney General to obtain equitable and declaratory relief to eliminate any such pattern or practice.
Directs the Attorney General, through the victimization surveys conducted by the Bureau of Justice Statistics, to acquire and publish an annual summary of data about the use of excessive force by law enforcement officers. Permits the use of such data only for research or statistical purposes. Bars such data from containing any information that may reveal the identify of the victim or any law enforcement officer.
Subtitle C: Police Corps and Law Enforcement Officers Training and Education
- Police Corps and Law Enforcement Training and Education Act - Establishes within DOJ an Office of the Police Corps and Law Enforcement Education to be headed by a Director.
Requires a State that desires to participate in the Police Corps Program or the Law Enforcement Scholarship Program to designate a lead agency and submit a State plan containing assurances with respect to: (1) lead agency cooperation with other State and local agencies; (2) the State advertising of the assistance available; (3) State screening and selection of law enforcement personnel for participation in the program; and (4) compliance with other specified requirements.
Chapter 1: Police Corps Program
- Authorizes the Director to award scholarships (including direct payments to institutions and reimbursement of educational costs) to participants who agree to work for four years in a State or local police force after completion of a baccalaureate program and police corps training, subject to specified conditions. Permits the use of scholarships for graduate and professional study. Specifies that where a participant has enrolled in the program upon or after transfer to a four-year institution of higher education, the Director may reimburse such participant for the participant's prior educational expenses.
Sets forth provisions with respect to: (1) scholarship assistance for dependent children of law enforcement officers; (2) the selection of participants; (3) minority recruitment; and (4) leaves of absence (including a provision authorizing a participant to obtain leave to serve on an official church mission under specified conditions).
Requires the Director to establish up to three training centers to provide basic law enforcement training to State Police Corps Program participants. Requires participants to attend two eight-week training sessions at such training centers and to meet certain performance standards in order to remain in the program. Requires the Director to pay participants a weekly stipend during training.
Provides for the swearing in of participants as members of the police force to which they are assigned after completing Federal training and meeting the requirements of that police force.
Authorizes the Director, if the police force of which the participant is a member lays off the participant such as would preclude such participant's completing four years of service and result in denial of educational assistance, to permit the participant to complete the service obligation in an equivalent alternative law enforcement service.
Requires a State, in order to participate in the program, to submit a plan for implementing such program to the Director for approval. Requires such plan to: (1) include assurances that participants will receive additional State or local training after completing Federal training which shall count toward the four-year service obligation; and (2) provide that program participants shall be assigned to community and preventive patrol in geographic areas with the greatest need for additional law enforcement personnel.
Chapter 2: Law Enforcement Scholarship Program
- Law Enforcement Scholarships and Recruitment Act - Directs each State receiving funds under the Law Enforcement Scholarship Program to: (1) pay from such funds the Federal share (not more than 60 percent) of the costs of awarding scholarships to in-service law enforcement personnel for further education and providing full-time employment in summer or part-time (not to exceed 20 hours per week) employment during a period not to exceed one year, subject to specified requirements; and (2) designate an appropriate State agency to serve as the lead agency to conduct a scholarship program, a student employment program, or both in the State in accordance with this Act.
Authorizes each such State to reserve not more than eight percent of such funds for administrative expenses.
Specifies that: (1) scholarships awarded under this subtitle shall be for a period of one academic year; (2) an individual shall be eligible to receive such a scholarship if such individual has been employed in law enforcement for the two-year period immediately preceding the date on which assistance is sought; and (3) each individual awarded such a scholarship may use such scholarship for educational expenses at any accredited institution of higher education. Makes an individual who has been employed as a law enforcement officer ineligible to participate in a student employment program carried out under this Act.
Sets forth State application requirements, including identifying model curricula and existing programs and providing assurances that the State will promote cooperative agreements to enhance law enforcement personnel recruitment efforts in institutions of higher education.
Sets forth local application requirements. Grants priority in awarding scholarships to members of underrepresented groups, those pursuing an undergraduate degree, and those not receiving financial assistance under the Higher Education Act of 1965.
Requires each individual awarded a scholarship to work in a law enforcement position in the State which made the award for a period of one month for each credit hour for which funds are received under such scholarship, with a six-month minimum and two-year maximum period.
Chapter 3: Reports
- Sets forth provisions requiring: (1) annual reports by the Director to the Attorney General, the President, and specified Members of Congress; and (2) a special report by the Attorney General to the Congress on a plan to expand scholarship assistance to eligible Federal law enforcement officers.
Subtitle D: Study Rights of Police Officers
- Directs the Attorney General, through the National Institute of Justice (NIJ), to conduct a study of the procedures followed in internal, noncriminal investigations of State and local law enforcement officers to determine if such investigations are conducted fairly and effectively. Sets forth reporting requirements.
Title XIII: Federal Law Enforcement Agencies
- Federal Law Enforcement Act of 1991 - Authorizes appropriations for the Drug Enforcement Administration (DEA), the FBI, the Immigration and Naturalization Service, U.S. attorneys, U.S. marshals, the Bureau of Alcohol, Tobacco, and Firearms, U.S. courts, and defender services.
Authorizes appropriations for the construction of a U.S. Attorneys' office in Philadelphia, Pennsylvania.
Title XIV: Prisons
Subtitle A: Federal Prisons
- Amends the Federal criminal code to prohibit the BOP from considering the social or economic status of a prisoner in designating the place of such prisoner's imprisonment.
Requires that any submission of legislation by the judicial or executive branch which could increase or decrease the number of persons incarcerated or in Federal penal institutions be accompanied by a prison impact statement.
Directs the Attorney General to prepare and furnish prison impact statements to the Congress: (1) by March 1 of each year, reflecting the cumulative effect of all relevant changes in the law taking effect during the preceding calendar year; and (2) within seven days of any congressional requests for information relating to a pending measure or matter that might affect the number of defendants processed through the Federal criminal justice system.
Federal Prisoner Drug Testing Act of 1991 - Amends the Federal criminal code to require: (1) the Director of the Administrative Office of U.S. Courts to establish a program of drug testing of Federal offenders on post-conviction release, including such standards and guidelines as the Director may determine necessary to ensure the reliability and accuracy of the drug testing programs; and (2) the chief probation officer in each judicial district to arrange for the drug testing of defendants on post-conviction release pursuant to a conviction for specified offenses.
Requires, as a condition of probation or supervised release, that the defendant refrain from any unlawful use of a controlled substance and submit to one drug test within 15-days of release and at least two periodic drug tests (as determined by the court) thereafter for use of a controlled substance, but provides that such condition may be ameliorated or suspended by the court if the defendant's presentence report or other reliable sentencing information indicates a low risk of future substance abuse by the defendant.
Directs the U.S. Parole Commission to impose as a condition of parole that a parolee pass a drug test prior to release and refrain from any unlawful use of a controlled substance, and submit to at least two periodic drug tests (as determined by the Commission) for use of a controlled substance, but provides that such condition may be ameliorated or suspended by the Commission for any parolee if it determines that there is good cause for doing so.
Specifies that, with respect to probation, supervised release, or parole: (1) the results of such a drug test shall be subject to confirmation only if the results are positive, the defendant is subject to possible imprisonment for such failure, and either the defendant denies the accuracy of such test or there is some other reason to question the results; (2) a drug test confirmation shall be a urine drug test confirmed using gas chromatography/mass spectrometry techniques or such test as the Director may determine to be of equivalent accuracy; and (3) the availability of appropriate substance abuse treatment programs shall be considered when determining any action to be taken against a defendant who fails a drug test.
Drug Treatment in Federal Prisons Act of 1991 - Directs the BOP to provide residential substance abuse treatment for: (1) not less than 50 percent of eligible prisoners by the end of FY 1993; (2) not less than 75 percent of eligible prisoners by the end of FY 1994; and (3) all eligible prisoners by the end of FY 1995 and thereafter.
Authorizes a change in the conditions of confinement, a reduction of up to one year from the prisoner's sentence, or both, with respect to any prisoner who, in the judgment of the Director of the BOP, has successfully completed a residential substance abuse treatment program. Specifies that, if such conditions are changed, the BOP shall periodically test the prisoner for drug abuse and discontinue such conditions upon determining that drug abuse has recurred.
Sets forth reporting requirements. Authorizes appropriations.
Authorizes appropriations for the construction, and operation for one year, of ten regional prisons. Sets forth provisions with respect to the location and population of such prisons, prisoner eligibility (State and Federal prisoners with release dates of not more than two years from the date of assignment to the prison who have long-term drug abuse problems and serious criminal histories, and who agree to the assignment), State responsibilities, and the powers of the Director of the BOP (e.g., to return any prisoners not complying with program requirements and conditions). Requires any State seeking to refer a State prisoner to a regional prison to submit to such Director an aftercare plan setting forth the provisions that the State will make for the continued treatment of the prisoner in a therapeutic community following release and providing for vocational job training, where appropriate.
Directs the Attorney General, within one year, to establish within the BOP ten military-style boot camp prisons. Sets forth provisions with respect to prison capacity, proportion of State to Federal prisoners, eligibility requirements, and post-release supervision. Authorizes appropriations.
Subtitle B: State Prisons
- Substance Abuse Treatment in State Prisons Act of 1991 - Amends the Omnibus Act to authorize the Director of the BJA to make grants for use by States in developing and implementing residential substance abuse treatment programs within State correctional facilities.
Sets forth application requirements, including: (1) assurances that Federal funds received will be used to supplement, not supplant, non-Federal funds for funded activities; (2) that the application coordinate the design and implementation of treatment programs between State correctional representatives and the State alcohol and drug abuse agency; and (3) agreement by the State to implement or continue to require urinalysis or similar testing of individuals in correctional residential substance abuse programs, including testing of individuals released from such programs who remain in State custody.
Provides that to be eligible for a preference for such grants: (1) a State must ensure that individuals who participate in the drug treatment program established or implemented with assistance provided pursuant to this Act will be provided with aftercare services; (2) such services must involve the coordination of the prison treatment program with other human service and rehabilitation programs that may aid in the rehabilitation of individuals in the drug treatment program; and (3) the head of the drug treatment program must assist in placement of program participants with appropriate community drug treatment facilities when such individuals leave prison at the end of a sentence or on parole.
Sets forth requirements with respect to: (1) duties of the designated State office under the Omnibus Act (application preparation and grant administration); (2) review of State applications by the BJA; (3) allocation and distribution of funds; and (4) evaluation. Limits the Federal share to 75 percent of total project costs. Authorizes appropriations.
Authorizes: (1) the chief correctional officer of each State correctional system to establish a demonstration or statewide mandatory functional literacy program with exceptions; and (2) the Attorney General to make grants to State correctional agencies who elect to establish such a program. Sets forth reporting requirements. Authorizes appropriations.
Authorizes the Attorney General to make grants to State and local correctional agencies to assist them in establishing and operating programs designed to reduce recidivism through the development and improvement of life skills necessary for reintegration into society.
Directs the NIJ to: (1) study the feasibility of establishing a clearinghouse to provide information to interested persons to facilitate the transfer of prisoners among State correctional institutions, pursuant to an applicable interstate compact, to allow prisoners to serve their sentences at correctional institutions in close proximity to their families; and (2) report to specified congressional committees.
Requires the Director of NIJ to conduct: (1) a study comparing the recidivism rates of individuals under the influence of alcohol or alcohol in combination with other drugs at the time of their offense who participated in a residential treatment program while in the custody of the State with those who did not participate; and (2) a nationwide assessment regarding the use of alcohol and alcohol in combination with other drugs as a factor in violent, domestic, and general criminal activity.
Requires the BOP, at least five days prior to the release of a prisoner convicted of a drug trafficking crime or crime of violence on supervised release (or, in the case of a prisoner on supervised release, at least five days prior to the date on which the prisoner changes residence to a new jurisdiction), to provide written notice of the release (or change of residence) to the chief law enforcement officer of the State and of the local jurisdiction in which the prisoner will reside, with exceptions.
Specifies that, in the case of a prisoner convicted of an offense committed prior to November 1, 1987, the reference to supervised release in such provision shall be deemed to be a reference to probation or parole.
Title XV: Rural Crime
Subtitle A: Fighting Drug Trafficking in Rural Areas
- Amends the Omnibus Act to authorize appropriations, and increase the base allocation, for rural drug enforcement assistance.
Directs the Attorney General to establish a Rural Drug Enforcement Task Force in each of the Federal judicial districts which encompass significant rural lands. Specifies the membership of such task forces. Authorizes the Attorney General to cross-designate up to 100 Federal officers with jurisdiction to enforce CSA provisions on non-Federal lands to the extent necessary to effect the purposes of this title.
Requires the Director of the Federal Law Enforcement Training Center to develop a specialized course of instruction devoted to training law enforcement officers from rural agencies in the investigation of drug trafficking and related crimes. Authorizes appropriations.
Subtitle B: Rural Drug Prevention and Treatment
- Amends the PHSA to require the Director of the Office for Treatment Improvement to establish a program to provide grants to hospitals, community health centers, and other appropriate entities that serve nonmetropolitan areas to assist in developing and implementing projects that provide, or expand the availability of, substance abuse treatment services. Authorizes appropriations.
Requires the alcohol and drug abuse information clearinghouse (required to be established under the PHSA) to: (1) gather information pertaining to Alcohol, Drug Abuse, and Mental Health Administration and other rural drug treatment and education projects operating throughout the United States; and (2) disseminate information to rural hospitals, community health centers, community mental health centers, treatment facilities, community organizations, and other interested individuals.
Subtitle C: Drug Free Truck Stops and Safety Rest Areas
- Drug Free Truck Stop Act - Amends the CSA to impose mandatory minimum criminal penalties for the unlawful distribution or possession of controlled substances within 1,000 feet of a truck stop or safety rest area, except with respect to offenses involving five grams or less of marijuana. Prohibits the suspension of a sentence, granting of probation, or eligibility for parole until the individual has served the minimum required sentence under the Federal criminal code for any person who violates this Act after a prior conviction under this Act has become final.
Requires the Sentencing Commission to promulgate specified sentencing guidelines for violations of this Act. Bars multiple enhancements.
Title XVI: Drug Control
Subtitle A: Drug Emergency Areas
- Amends the National Narcotics Leadership Act of 1988 to authorize the President, in the event that a major drug-related emergency exists throughout a State or part of a State or where the threat of a drug-related emergency exists to part of a State bordering part of a foreign country where a drug-related emergency is known to exist, to declare a State or part of a State to be a drug emergency area.
Requires requests for such a declaration to be made, in writing, by the Governor or chief executive officer (CEO) of any affected State or local government and forwarded to the President through the Director of National Drug Control Policy. Allows cities, counties, or States to submit a joint request. Directs that requests be based on a written finding that the emergency is of such severity and magnitude that Federal assistance is necessary to ensure an effective response.
Prohibits the President from limiting declarations made under this subtitle to highly-populated centers of drug trafficking, drug smuggling, drug use, or drug-related violence. Requires the President to consider applications from governments of less populated areas where the magnitude and severity of such activities are beyond the capability of the State or local government to respond.
Requires Governors or CEOs, as part of such requests and as a prerequisite to such assistance, to: (1) take appropriate action under State or local law to respond to the crisis and furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the emergency; (2) certify that State and local government obligations and expenditures will comply with all applicable cost-sharing requirements; and (3) submit a detailed plan outlining the State or local government's short- and long-term plans to respond to the emergency.
Requires the Director to review requests submitted and forward applications to the President, along with recommendations.
Authorizes the President to make grants to State or local governments of up to $50,000,000 for any single emergency. Limits the Federal share to 75 percent of the costs necessary to implement the short- and long-term plans.
Limits the duration of assistance to a drug disaster area to one year, after which the Governors or CEOs may apply for an extension of up to 180 days.
Requires any State or local government receiving Federal assistance to balance the allocation of such assistance evenly between drug supply and demand reduction efforts, unless State or local conditions dictate otherwise.
Authorizes the President to: (1) direct any Federal agency to utilize its authorities and resources to support State and local efforts; and (2) provide technical and advisory assistance.
Makes assistance under this subtitle subject to annual audit by the Comptroller General.
Subtitle B: Precursor Chemicals
- Chemical Control and Environmental Responsibility Act of 1991 - Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Comprehensive Act) to: (1) replace references to "listed precursor chemicals" with "list I chemicals" and "listed essential chemicals" with "list II chemicals"; and (2) revise the definition of "regulated person" to include individuals who act as brokers or traders for international transactions involving a listed chemical, tableting machine, or encapsulating machine.
Redefines "regulated transaction" to: (1) include international transactions which do not involve the importation or exportation of a listed chemical into or out of the United States if a broker or trader located in the United States participates in the transaction; (2) include, in the case of a listed chemical that is contained in a drug that may be marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act, transactions involving ephedrine or any other listed chemical which the Attorney General may designate as not subject to exemption after finding that such action would prevent diversion and the total quantity of such chemical included in the transaction equals or exceeds the threshold established for that chemical by the Attorney General; and (3) exclude any transaction in a chemical mixture (current law) which the Attorney General has designated as exempt based on a finding that the mixture is formulated in such a way that it cannot be easily used in the illicit production of a controlled substance and that the listed chemical or chemicals contained in the mixture cannot be readily recovered.
Requires every person who manufactures or distributes, or who proposes to engage in the manufacture or distribution of, a list I chemical to obtain annually a registration issued by the Attorney General. Authorizes and directs the Attorney General to register an applicant to distribute a list I chemical unless he determines that the issuance of such registration is inconsistent with the public interest, taking into consideration the following factors: (1) maintenance of effective controls against diversion of listed chemicals into other than legitimate channels; (2) compliance with applicable Federal, State, and local law; (3) prior conviction record of the applicant under Federal or State laws relating to controlled substances or chemicals; (4) past experience in the manufacture and distribution of chemicals; and (5) such other factors as may be relevant to and consistent with the public health and safety.
Makes provisions with respect to the denial, revocation, and suspension of registration relating to the manufacture, distribution, or dispensation of controlled substances explicitly applicable to list I chemicals.
Directs the Attorney General to register an applicant to import or export a list I chemical unless he determines that the issuance of such registration is inconsistent with the public interest.
Makes it unlawful for a regulated person to distribute, import, or export a list I chemical without the registration required under the Comprehensive Act. Requires each regulated person who manufactures a listed chemical to report annually to the Attorney General information concerning listed chemicals manufactured by such regulated person.
Makes any person located in the United States who is a broker or trader for an international transaction in a listed chemical which is a regulated transaction solely because of that person's involvement as a broker or trader with respect to that transaction subject to all of the notification, reporting, record-keeping, and other requirements placed upon exporters of listed chemicals by the Comprehensive Act.
Authorizes the Attorney General to: (1) require that the 15-day advance notice requirement with respect to the importation and exportation of listed chemicals apply to all exports to specific listed chemicals to specified nations, regardless of the status of certain customers in such country as "regular customers," if such action is necessary to support effective diversion control programs or is required by treaty or other international agreement to which the United States is a party; and (2) waive the 15-day advance notice requirement for exports of specific listed chemicals to specified countries, and for the importation of specific listed chemicals, if such advance notice is not required for effective chemical control, subject to specified requirements.
Establishes penalties for: (1) exporting, or serving as a broker or trader for an international transaction involving, a listed chemical, knowing or having reasonable cause to believe that the chemical will be used to manufacture a controlled substance in violation of the laws of the country to which the chemical is exported; and (2) importing or exporting a listed chemical with intent to evade reporting or record-keeping requirements under the Comprehensive Act by falsely representing to the Attorney General that the importation or exportation qualifies for a waiver of the advance notice requirement by misrepresenting either the actual country of final destination of the listed chemical or the actual listed chemical being imported or exported.
Amends list I to add benzaldehyde and nitroethane, and delete D-lysergic acid, N-ethylephedrine, and N-ethylpseudoephedrine.
Eliminates "regular supplier" status and creates "regular importer" status.
Modifies the definition of "controller premises" to include places where listed chemicals or records relating to the manufacture, distribution, or disposition of listed chemicals are maintained.
Makes it a felony for a person who possesses a listed chemical with intent that it be used in the illegal manufacture of a controlled substance to manage the listed chemical or waste from such manufacture other than as required under the Solid Waste Disposal Act. Specifies that, in addition to any penalty that may be imposed for the illegal manufacture, possession, or distribution of a listed chemical or toxic residue of a clandestine laboratory, a person who violates such prohibition shall be assessed costs of the initial cleanup and disposal of the listed chemical and contaminated property and the cost of restoring property damaged by exposure to such chemical.
Expresses the sense of the Congress that guidelines issued by the Sentencing Commission should recommend that the term of imprisonment for such a violation be not less than five (or in the case of a willful violation, not less than ten) years.
Authorizes: (1) the court to order that all or a portion of the earnings from work performed by a defendant in prison be withheld for payment of such costs; and (2) the Attorney General to direct that assets forfeited in connection with a prosecution under this Act be shared with State agencies that participated in the seizure of cleanup of the contaminated site.
Subtitle C: General Provisions
- Amends the Federal criminal code to establish criminal penalties for failure to obey an order by a Federal law enforcement officer enforcing controlled substances laws to land an aircraft which has crossed the border with, or is subject to U.S. jurisdiction operating outside of, the United States.
Authorizes a foreign nation to consent or waive objection to the United States enforcing U.S. laws by radio, telephone, or similar oral or electronic means.
Specifies that an aircraft used in violation of this subtitle is: (1) liable in rem for a fine imposed under this subtitle; and (2) may be seized and forfeited. Makes laws relating to seizure and forfeiture for violation of customs laws, including defenses such as innocent owner provisions, applicable to aircraft seized or forfeited under this subtitle.
Amends the Mansfield Amendment to permit maritime law enforcement operations in archipelagic waters of foreign countries.
Provides for enhanced penalties for drug trafficking in prisons.
Amends: (1) the Tariff Act of 1930 to make the penalty for failure to declare a controlled substance 1,000 percent of the value of the article (as under current law) or $500, whichever is greater; (2) the Controlled Substances Import and Export Act to require that persons violating specified CSA provisions after two or more prior convictions for a felony drug offense have become final be sentenced to a mandatory term of life imprisonment without release and be fined under such Act; and (3) the CSA to define "felony drug offense" to mean an offense that is punishable by imprisonment for more than one year under any law of the United States or of a State or foreign country that prohibits or restricts conduct relating to narcotic drugs, marijuana, or depressant or stimulant substances.
Amends the CSA to: (1) make enhanced penalty provisions regarding the distribution of controlled substances within one thousand feet of specified schools and other facilities applicable to public housing projects; (2) establish penalties for any physical trainer or adviser who persuades or induces an individual to possess or use anabolic steroids in violation of such Act; (3) prohibit any published advertisement knowing that it has the purpose of seeking or offering illegally to receive, buy, or distribute a Schedule I controlled substance; and (4) increase penalties for drug-dealing in "drug-free" zones.
Directs the Attorney General to implement a program of national awareness of a provision of Public Law 101-516 which conditions portions of a State's Federal highway funding on such State's enactment of legislation requiring the revocation of the drivers' licenses of convicted drug abusers.
Amends the National Narcotics Leadership Act of 1988 to require the National Drug Control Strategy to include a goal for expanding the availability of treatment for drug addiction. Expresses the sense of the Congress that among the long-term goals of such Strategy should be the availability of drug treatment to all who are in need of such treatment.
Amends the Federal Aviation Act to require the Administrator of the Federal Aviation Administration to issue regulations requiring employees and agents of air carriers to notify appropriate Federal and State law enforcement officers of discoveries of controlled substances or large sums of cash in excess of $10,000 in the course of weapons screening.
Expresses U.S. policy that the use or distribution of illegal drugs in the nation's Federal prisons will not be tolerated and that such crimes shall be prosecuted to the fullest extent of the law.
Amends the CSA to establish mandatory penalties for illegal drug possession, smuggling, and distribution in Federal prisons.
Title XVII: Drunk Driving Provisions
- Drunk Driving Child Protection Act of 1991 - Amends the Assimilative Crimes Statute to require the imposition of a Federal penalty (if not already imposed by a State) of one year imprisonment and a $1,000 fine, or both, in addition to any term of imprisonment under State law, for driving under the influence of drugs or alcohol if a minor (other than the offender) was present in the vehicle at the time of the offense.
Expresses the sense of the Congress that, in determining child custody and visitation rights, the courts should take into consideration the history of drunk driving of any person involved in the determination.
Title XVIII: Commissions
Subtitle A: Commission on Crime and Violence
- Establishes the National Commission on Crime and Violence in America to: (1) develop a comprehensive crime control plan to serve as a blueprint for action in the 1990s; (2) bring attention to successful models and programs; (3) reach beyond the traditional criminal justice community for ideas; (4) recommend improvements in local, State, Federal, and international border crime control efforts; (5) make a comprehensive study of the economic and social factors contributing to crime and specific proposals for legislative and administrative actions to reduce crime and the elements that contribute to it; and (6) recommend means of targeting finite correctional facilities space and resources to the most serious and violent offenders, with the goal of achieving the most cost-effective possible crime control and protection of the community and public safety, with particular emphasis on examining the issue of possible disproportionate incarceration rates among black males and other minorities, and consider increased use of alternatives to incarceration.
Subtitle B: National Commission to Study the Causes of the Demand for Drugs in the United States
- National Commission to Study the Causes of the Demand for Drugs in the United States - Establishes a National Commission to Study the Causes of the Demand for Drugs in the United States.
Directs the Commission to: (1) examine the root causes of illicit drug use and abuse in the United States; (2) evaluate the efforts being made to prevent drug abuse; (3) identify the existing gaps in drug abuse policy that result from the lack of attention to the root causes of drug abuse; (4) assess the needs of Government at all levels for resources and policies for reducing the overall desire of individuals to experiment with and abuse illicit drugs; and (5) make recommendations regarding necessary improvements in policies for reducing the use of illicit drugs in the United States.
Subtitle C: National Commission to Support Law Enforcement
- National Commission to Support Law Enforcement Act - Establishes the National Commission to Support Law Enforcement to study and recommend changes regarding law enforcement agencies and law enforcement issues on the Federal, State, and local levels.
Repeals provisions of the Crime Control Act of 1990 and the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1991, with respect to the establishment of such a Commission.
Title XIX: Bail Posting Reporting
- Illegal Drug Profits Act of 1991 - Requires each clerk of a Federal or State criminal court to: (1) report to the Internal Revenue Service (IRS) the name and taxpayer identification number of any individual charged with a criminal offense who posts cash bail, or on whose behalf cash bail is posted, in an amount exceeding $10,000, and any individual or entity posting such cash bail for or on behalf of such individual; and (2) submit a copy of each report of cash bail to the offices of the U.S. Attorney and of the local prosecuting attorney for the jurisdiction in which the defendant resides (and the jurisdiction in which the criminal offense occurred, if different).
Directs the Secretary of the Treasury to promulgate such regulations as are necessary within 90 days of the enactment of this Act.
Title XX: Motor Vehicle Theft Prevention
- Motor Vehicle Theft Prevention Act - Directs the Attorney General to develop a voluntary motor vehicle theft prevention program under which: (1) the owner of a motor vehicle may voluntarily sign a consent form with a participating State or locality in which the motor vehicle owner states that the vehicle is normally operated under certain specified conditions and agrees to display program decals or devices on the owner's vehicle and permit law enforcement officials in any State to stop the vehicle and take reasonable steps to determine whether such vehicle is being operated by the owner or with the owner's permission, if the vehicle is being operated under such conditions; and (2) participating States and localities authorize law enforcement officials in the State or locality to stop motor vehicles displaying program decals or devices under such conditions and take reasonable steps to determine whether the vehicle is being operated by or with the permission of the owner.
Requires such program to include a uniform design or designs for decals or other devices to be displayed by motor vehicles participating in the program which shall: (1) be highly visible; and (2) explicitly state that the motor vehicle to which it is affixed may be stopped under the specified conditions without additional grounds for establishing a reasonable suspicion that the vehicle is being operated unlawfully.
Sets forth requirements with respect to the voluntary consent form.
Directs the Attorney General to promulgate rules establishing the conditions under which participating motor vehicles may be authorized to be stopped under this Act, such as the operation of the vehicle during certain hours of the day or under circumstances that would provide a sufficient basis for establishing a reasonable suspicion that the vehicle was not being operated by, or with the consent of, the owner.
Sets forth provisions with respect to the establishment of more than one set of conditions under which participating motor vehicles may be stopped.
Requires the notification of lessees of motor vehicles for hire of participation in the program, as specified. Sets penalties for failure to comply with such notice provisions.
Specifies that, as a condition of participation, a State or locality must agree to take reasonable steps to ensure that law enforcement officials throughout the State or locality are familiar with the program and with the conditions under which motor vehicles may be stopped under the program.
Includes within the scope of a provision setting penalties for the removal or tampering with an identification number for a motor vehicle or motor vehicle part, removal or tampering with a decal or device affixed pursuant to this Act with intent to further the theft of a vehicle, with exceptions.
Sets forth penalties for the unauthorized application of a theft prevention decal or device, or a replica thereof.
Title XXI: Protections for the Elderly
- Directs the Attorney General to award a grant to an eligible organization in paying for the costs of a Missing Alzheimer's Disease Patient Alert Program. Sets forth application and related requirements. Authorizes appropriations.
Directs the Sentencing Commission to ensure that: (1) the applicable guideline range for a defendant convicted of a crime of violence against an elderly victim (i.e., a victim who is age 65 or older at the time of an offense) is sufficiently stringent to deter such a crime, protect the public from additional crimes of such a defendant, and adequately reflect the heinous nature of such an offense; and (2) the guidelines provide for increasingly severe punishment for a defendant commensurate with the degree of physical harm caused to the elderly victim, take appropriate account of the victim's vulnerability, and provide enhanced punishment for a defendant convicted of a crime of violence against an elderly victim who has previously been convicted of such a crime, regardless of whether the conviction occurred in Federal or State court.
Title XXII: Consumer Protection
- Amends the Federal criminal code to establish penalties for persons engaged in the business of insurance whose activities affect commerce, who: (1) knowingly make a materially false statement or report or willfully overvalue land, property, or security in connection with reports or documents presented to an insurance regulatory official or agency, or to any agent or examiner (official) appointed to examine the affairs of such person for the purpose of influencing in any way the actions of such official; (2) willfully embezzle or misappropriate funds or property while acting as an officer, director, agent, or employee (officer) of such person; (3) knowingly make a false entry of material fact in any book, report, or statement of such person with intent to deceive any person, or to deceive any officer of such person or any insurance regulatory official, about the financial condition or solvency of such business; and (4) by threats or force, corruptly influences, obstructs, or endeavors corruptly to influence or obstruct the proper administration of the law under which a proceeding (involving the business of insurance whose activities affect interstate commerce) is pending before an insurance regulatory official to examine the affairs of such person.
Authorizes the Attorney General to seek civil penalties and injunctions for violations of this title.
Sets penalties for obstructing criminal investigations with respect to the prosecution of cases of insurance fraud.
Consumer Protection Against Credit Card Fraud Act of 1991 - Amends the Federal criminal code to establish penalties for knowingly and with intent to defraud: (1) affecting transactions with one or more access devices (ADs) issued to another person to receive payment or any other thing of value during any one-year period the aggregate value of which is equal to or greater than $1,000; (2) without the authorization of the issuer of the AD, soliciting a person for the purpose of offering, or selling information regarding or an application to obtain, an AD; or (3) without the authorization of the credit card system member or its agent, causing or arranging for another person to present to the member or its agent for payment evidence or records of transactions made by an AD.
Extends mail fraud provisions under the Federal criminal code to cover private or commercial interstate carriers. (Current provisions apply only to frauds perpetrated with respect to matter to be sent or delivered through the U.S. Postal Service.)
Title XXIII: Financial Institution Fraud Prosecutions
- Financial Institutions Fraud Prosecution Act of 1991 - Amends the Federal Deposit Insurance Act to bar any exceptions from the ten-year ban on participation in specified activities with respect to insured depository institutions for individuals convicted of the following offenses: (1) obstructing examination of a financial institution; and (2) engaging in monetary transactions in property derived from specified unlawful activity.
Amends the Federal Credit Union Act to prohibit, except with the prior consent of the Federal Credit Union Board: (1) any person who has been convicted of a criminal offense involving dishonesty or a breach of trust (as under current law) or has agreed to enter into a pretrial diversion or similar program in connection with a prosecution for such offense, from participating, directly or indirectly, in the conduct of the affairs of any insured credit union (as under current law), or becoming or continuing as an institution-affiliated party with respect to any insured credit union; and (2) any insured credit union from permitting any such person from engaging in any such conduct or continuing in any such relationship. Establishes a minimum ten-year ban on such participation for specified offenses, with exceptions.
Amends the Crime Control Act of 1990 to encourage the Attorney General to submit a report to the Congress with respect to the financial institutions fraud task forces established under such Act as they relate to the collapse of private deposit insurance corporations.
Title XXIV: Savings and Loan Prosecution Task Force
- Directs the Attorney General to establish within DOJ a savings and loan criminal fraud task force to aggressively prosecute those criminal cases involving savings and loan institutions.
Title XXV: Sentencing Provisions
- Amends the Federal criminal code to allow the court, in determining the sentence to be imposed in the case of a violation of probation or supervised release, to consider guidelines or policy statements issued by the Sentencing Commission.
Authorizes the court to resentence a defendant who violates a condition of probation at any time prior to the expiration or termination of the term of probation.
Directs the court to revoke: (1) probation or supervised release and require the defendant to serve a term of imprisonment (with respect to supervised release, up to the maximum authorized) if the court finds the defendant to be in unlawful possession of a controlled substance or firearm or otherwise in violation of a condition of probation or supervised release, or if the defendant refuses to cooperate in drug testing (thereby violating such a condition); and (2) a term a supervised release and require the defendant to serve in prison all or part of the term of release authorized by statute for the offense that resulted in such term, without credit for time previously served on post-release supervision, if the court finds by a preponderance of the evidence that the defendant violated a condition of supervised release, subject to specified limitations.
Authorizes the court to include a requirement that the defendant be placed on supervised release after imprisonment when a term of supervised release is revoked and the defendant is required to serve a term of imprisonment less than the maximum authorized. Specifies that the length of such a term of release shall not exceed that authorized by statute for the offense of which the defendant was convicted, minus any term of imprisonment that was imposed upon revocation of supervised release.
Specifies that the power of the court to revoke a term of supervised release for violation of a condition of such release, and to order the defendant to serve a term of imprisonment and, subject to certain limitations, a further term of supervised release, extends beyond the expiration of the term of release for a period reasonably necessary for the adjudication of matters arising before its expiration if, prior to such expiration, a warrant or summons has been issued on the basis of an allegation of such a violation.
Title XXVI: Sentencing and Magistrates Amendments
- Amends the Federal criminal code to: (1) authorize probation for a petty offense if the defendant has been sentenced to a term of imprisonment at the same time for another such offense; (2) make an exception for petty offenses to the rule (under current law) that a person charged with a misdemeanor may elect to be tried before a judge of the district court for the district in which the offense was committed; (3) authorize the magistrate judge, in a petty offense case involving a juvenile, to exercise all powers granted to the district court; and (4) authorize a magistrate judge who has sentenced a person to a term of supervised release to revoke or modify the term or conditions of such release.
Title XXVII: Computer Crime
- Computer Abuse Amendments Act of 1991 - Amends the Computer Fraud and Abuse Act to make it a felony to knowingly transmit an unauthorized program or code that alters the information stored in a computer with the intent to damage the system or information contained within the affected computer or computer system, or to withhold or deny the use of such system or information, if the transmission: (1) occurred without the authorization of the person responsible for the computer system receiving the program; and (2) causes damage exceeding $1,000 in any one-year period or modifies or impairs the medical care of one or more individuals. Makes such offense punishable by a fine and up to five years in prison.
Sets forth parallel provisions with respect to recklessly transmitting a destructive computer program or code. Makes such offense a misdemeanor, punishable by a fine and imprisonment for up to one year.
Creates a civil cause of action for compensatory or injunctive relief for persons suffering damage or loss by virtue of a violation of this Act. Limits damages to economic damages, except for medical records violations. Sets a statute of limitations of two years from the date of the act complained of, or from the date of discovery of the damage.
Requires the Attorney General to report to the Congress annually during the first three years following the date of enactment of this Act concerning prosecutions under this Act.
Modifies the prohibition against accessing a Government computer where such conduct affects the use of the Government's operation of such computer to cover only actions that "adversely" affect such use.
Title XXVIII: Parental Kidnapping
- International Parental Kidnapping Crime Act of 1991 - Amends the Federal criminal code to establish penalties for removing a child from, or retaining a child outside, the United States with intent to obstruct the lawful exercise of parental rights.
Makes it an affirmative defense that the defendant: (1) acted within the provisions of a valid court order granting the defendant legal custody or visitation rights, and that such order was obtained pursuant to the Uniform Child Custody Jurisdiction Act and was in effect at the time of the offense; (2) was fleeing an incidence or pattern of domestic violence; and (3) had physical custody pursuant to a court order granting legal custody or visitation rights and failed to return the child as a result of circumstances beyond the defendant's control, and the defendant notified or made reasonable attempts to notify the other parent or lawful custodian of the child of such circumstances within 24 hours after the visitation period had expired and returned the child as soon as possible.
Expresses the sense of the Congress that, inasmuch as use of the procedures under the Hague Convention of the Civil Aspects of International Parental Child Abduction has resulted in the return of many children, those procedures (where applicable) should be the option of first choice for a parent who seeks the return of a child who has been removed from the parent.
Authorizes appropriations to carry out (under the State Justice Institute Act of 1984) national, regional, and in-State training and educational programs dealing with criminal and civil aspects of interstate and international parental child abduction.
Title XXIX: Safe Schools
Subtitle A: Safe Schools
- Safe Schools Act of 1991 - Amends the Omnibus Act to: (1) authorize the Director of the BJA to make grants to local educational agencies to provide assistance to such agencies most directly affected by crime and violence; and (2) require the Director to develop a written safe schools model (in English and in Spanish) in a timely fashion and make such model available to any such agency that requests such information.
Earmarks such grants: (1) to fund anti-crime and safety measures, and to develop education and training programs for the prevention of crime, violence, illegal drugs, and alcohol; and (2) for counseling programs for victims of crime within schools, crime prevention equipment, and the prevention and reduction of youth participation in organized crime and drug- and gang-related activities in schools.
Sets forth application requirements, provisions with respect to limits on administrative costs and grant renewal, factors in the Director's consideration in awarding grants, and reporting requirements. Authorizes appropriations.
Subtitle B: Miscellaneous Provisions
- Amends the General Education Provisions Act to exclude from the definition of "education records" records maintained by a law enforcement unit of the education agency or institution that were created by such unit for the purpose of law enforcement.
Amends the Drug-Free Schools and Communities Act of 1986 to authorize the use of certain grant funds for drug abuse resistance education programs for local governments with the concurrence of local educational agencies (currently, limited to use for such agencies).
Title XXX: Miscellaneous
Subtitle A: Increases in Penalties
- Increases the maximum penalty for: (1) assaults against specified classes of individuals; (2) manslaughter; and (3) certain civil rights violations, including damage to religious property.
Subtitle B: Extension of Protection of Civil Rights Statutes
- Extends the protection under civil rights statutes with respect to conspiracy against rights and deprivation of rights under color of law to any person in (currently, inhabitant of) any State, territory, or district.
Subtitle C: Audit and Report
- Amends the Federal judicial code to: (1) mandate that any State or local law enforcement agency receiving funds from the DOJ Assets Forfeiture Fund conduct an annual audit and report the results of the audit to the Attorney General; (2) include all such audit reports within the Attorney General's report to the Congress; and (3) require the Attorney General to annually report on the administrative and contracting expenses paid from such Fund.
Subtitle D: Counterfeit Goods Traffic
- Increases penalties for trafficking in counterfeit goods and services.
Subtitle E: Gambling
- Amends the Federal judicial code to prohibit a governmental entity from sponsoring, operating, advertising, promoting, licensing, or authorizing by law or compact, or a person from sponsoring, operating, advertising, or promoting, pursuant to the law or compact of a government entity, a lottery, sweepstakes, or other gambling scheme based on competitive games in which amateur or professional athletes participate, with exceptions.
Authorizes the Attorney General, or a professional or amateur sports organization whose competitive game is alleged to be the basis of the violation, to enjoin a violation of this subtitle.
Permits a State gaming enforcement office located within a State attorney general's office to obtain from the Interstate Identification Index of the FBI criminal history record information for licensing purposes through an authorized criminal justice agency.
Sets forth additional provisions regarding gambling on ships in international waters.
Subtitle F: White Collar Crime Amendments
- Establishes penalties for knowingly receiving the proceeds of: (1) extortion; (2) a kidnapping; and (3) a postal robbery.
Sets forth penalties for obstructing a proceeding made under the civil investigative demand provisions of: (1) the Racketeer Influenced and Corrupt Organizations statute; and (2) a specified Federal law relating to monetary transactions.
Makes violations of provisions with respect to continuing financial crimes enterprises and obstructing examination of a financial institution predicate offenses to the financial institutions reward statute.
Defines "savings and loan association" under bank robbery-related provisions of the Federal criminal code to mean: (1) any Federal or State savings association having accounts insured by the Federal Deposit Insurance Corporation; and (2) any corporation meeting specified requirements under the Federal Deposit Insurance Act which is operating under U.S. law.
Subtitle G: Other Provisions
- Amends the Federal criminal code to: (1) set penalties for conspiracy to commit murder for hire; (2) authorize the venue for espionage and related offenses to be in the District of Columbia or in any other district authorized by law; and (3) provide that, wherever it is an element of an offense that property was stolen or counterfeited and that the defendant knew that the property was of such character, such element may be established by proof that the defendant, after or as a result of an official representation as to the nature of the property, believed the property to be stolen or counterfeited.
Amends the Anti-Drug Abuse Act to make amendments with respect to certain IRS undercover operations effective from the date of the enactment of this Act through December 31, 1994.
Directs the Attorney General and the Secretary of HHS to report to the Congress on the medical and psychological basis of "battered women's syndrome" and the extent to which evidence of the syndrome has been held to be admissible as evidence of guilt or as a defense in a criminal trial.
Establishes penalties or subjects to lawsuits individuals who intentionally disclose the contents of certain wire, oral, or electronic communications knowing that the information was obtained through the interception of such a communication, having obtained or received the information in connection with a criminal investigation, with intent to improperly interfere with a duly authorized criminal investigation.
Establishes penalties for the theft of major art works from museums.
Expresses the sense of the Senate that the Judicial Conference of the United States should be encouraged to make its recommendations to the Congress for additional judgeships utilizing historical data and a workload estimate model designed to anticipate an increase in criminal filings resulting from increased funding in one or more components of the Federal criminal system, and to take into account the time expended in the appointive and confirmation process.
Amends the Federal judicial code to provide for the reimbursement of attorney's fees for current and former employees of DOJ who were the subject of a criminal or disciplinary investigation related to such employee's discharge of official duties, where the investigation resulted in neither disciplinary action nor criminal indictment against such employee. Authorizes the Attorney General to make an inquiry into the reasonableness of the sum requested, based on specified guidelines.
Amends the Federal criminal code to: (1) make an exception to the requirement that a prisoner in a capital case be furnished with a list of jurors and witnesses if the court finds by a preponderance of the evidence that providing such list may jeopardize the life or safety of any person; (2) provide penalties for misuse of the words "Drug Enforcement Administration" or the initials "DEA"; (3) set penalties for specified robbery, kidnapping, smuggling, and property damage offenses; and (4) define "livestock" to mean any domestic animals raised for home use, consumption, or profit.
Title XXXI: Technical Corrections
- Makes technical corrections to various criminal law provisions.
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Bill titles: To control and prevent crime.; Antiterrorism Act of 1991; Brady Handgun Violence Prevention Act; Certainty of Punishment for Young Offenders Act of 1991; Chemical Control and Environmental Responsibility Act of 1991; Community Policing; Cop on the Beat Act of 1991; Computer Abuse Amendments Act of 1991; Consumer Protection Against Credit Card Fraud Act of 1991; DNA Identification Act of 1991; Death Penalty for Drug Kingpins Act of 1991; Department of Justice Community Substance Abuse Prevention Act of 1991; Drive-By-Shooting Prevention Act of 1991; Drug Free Truck Stop Act; Drug Treatment in Federal Prisons Act of 1991; Drunk Driving Child Protection Act of 1991; Federal Death Penalty Act of 1991; Federal Law Enforcement Act of 1991; Federal Prisoner Drug Testing Act of 1991; Financial Institutions Fraud Prosecution Act of 1991; Habeas Corpus Reform Act of 1991; Illegal Drug Profits Act of 1991; International Parental Kidnapping Crime Act of 1991; Jacob Wetterling Crimes Against Children Registration Act; Law Enforcement Scholarships and Recruitment Act; Motor Vehicle Theft Prevention Act; National Child Protection Act of 1991; National Commission to Study the Causes of the Demand for Drugs in the United States; National Commission to Support Law Enforcement Act; Police Corps and Law Enforcement Training and Education Act; Safe Schools Act of 1991; Safer Streets and Neighborhoods Act of 1991; Substance Abuse Treatment in State Prisons Act of 1991; Victims' Rights and Restitution Act of 1991
Links for more info on the vote: congress.gov