Minor and miscellaneous bills : hearing before the Subcommittee on Crime of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, first session, on H.R. 1241, H.R. 1533, H.R. 1552, H.R. 2359, and H.R. 2360, September 28, 1995 (Volume Pt. 2) online

MINOR AND MISCELLANEOUS BILI5
(PART 2)



r.



Y4,J89/l;104/40/PT,2

IING

ninor and fllscellaneous Billsi (Par...

5 THE



SUBCOMMITTEE ON CRIME

OF THE

COMMITTEE ON THE JUDICIARY
HOUSE OF REPRESENTATIVES

ONE HUNDRED FOURTH CONGRESS

SECOND SESSION

ON

H.R 1143, H.R. 1144, H.R. 1145, H.R 2092, H.R.
2137, H.R 2453, H.R 2587, H.R. 2607, H.R. 2641,
H.R. 2650, H.R 2803, H.R 2804, H.R. 2974, H.R.
2980, and H.R. 2996



MARCH 7, 1996

Serial No. 40

Printed for the use of the Committee on the Juditfarif"'





U.S. GOVERNMENT PRINTING OFFICE
35-554 CC WASHINGTON : 1996



For sale by the U.S. Government Printing Office
Superintendent of Documents, Congressional Sales Office, Washington, DC 20402
ISBN 0-16-053792-4



MINOR AND MISCELLANEOUS BILLS
(PART 2)



Y4.J89/l:104/40/PT.2

IING

riinor and ffiscellaneous BillS/ (Par...

•; THE

SUBCOMMITTEE ON CRIME

OF THE

COMMITTEE ON THE JUDICIAEY
HOUSE OP REPRESENTATIVES

ONE HUNDRED FOURTH CONGRESS

SECOND SESSION
ON

H.R 1143, H.R. 1144, H.R. 1145, H.R 2092, H.R.
2137, H.R 2453, H.R, 2587, H.R. 2607, H.R. 2641,
H.R. 2650, H.R 2803, H.R 2804, H.R. 2974, H.R.
2980, and H.R. 2996



MARCH 7, 1996



Serial No. 40^




^^B 2o JS97

Printed for the use of the Committee on the Judiciar3f"^.p - .,

U.S. GOVERNMENT PRINTING OFFICE
35-554 CC WASraNGTON : 1996



For sale by the U.S. Government Printing Office
Superintendent of Documents, Congressional Sales Office, Washington, DC 20402
ISBN 0-16-053792-4



COMMITTEE ON THE JUDICIARY



HENRY J. HYDE, Illinois, Chairman



CARLOS J. MOORHEAD, California
F. JAMES SENSENBRENNER, JR.,

Wisconsin
BILL McCOLLUM, Florida
GEORGE W. GEKAS, Pennsylvania
HOWARD COBLE, North Carolina
LAMAR SMITH, Texas
STEVEN SCHIFF, New Mexico
ELTON GALLEGLY, California
CHARLES T. CANADY, Florida
BOB INGLIS, South Carolina
BOB GOODLATTE, Vir^nia
STEPHEN E. BUYER, Indiana
MARTIN R. HOKE. Ohio
SONNY BONO, California
FRED HEINEMAN, North Carolina
ED BRYANT, Tennessee
STEVE CHABOT, Ohio
MICHAEL PATRICK FLANAGAN, Illinois
BOB BARR, Geoiigia



JOHN CONYERS, Jr., Michigan
PATRICIA SCHROEDER, Colorado
BARNEY FRANK, Massachusetts
CHARLES E. SCHUMER, New York
HOWARD L. BERMAN, California
RICK BOUCHER, Virginia
JOHN BRYANT, Texas
JACK REED, Rhode Island
JERROLD NADLER, New York
ROBERT C. SCOTT, Virginia
MELVIN L. WATT, North Carolina
XAVIER BECERRA, California
JOSE E. SERRANO, New York
ZOE LOFGREN, California
SHEILA JACKSON LEE, Texas



ALAN F. Coffey, Jr., General Counsel /Staff Director
Julian Epstein, Minority Staff Director



Subcommittee on Crime

BILL McCOLLUM, Florida, Chairman



STEVEN SCHIFF, New Mexico
STEPHEN E. BUYER, Indiana
HOWARD COBLE, North Carolina
FRED HEINEMAN, North Carolina
ED BRYANT, Tennessee
STEVE CHABOT, Ohio
BOB BARR, Geoiigia



CHARLES E. SCHUMER, New York
ROBERT C. SCOTT, Vii^nia
ZOE LOFGREN, California
SHEILA JACKSON LEE, Texas
MELVIN L. WATT, North Carolina



Paul J. McNULTY, Chief Counsel

Glenn R. Schmitt, Counsel

Daniel J. Bryant, Assistant Counsel

Tom Diaz, Minority Counsel



(II)



CONTENTS



HEARING DATE

Page

March 7, 1996 1

TEXTS OF BILLS

H.R. 1143 3

H.R. 1144 4

H.R. 1145 5

H.R. 2092 7

H.R. 2137 20

H.R. 2453 22

H.R. 2587 24

H.R. 2607 26

H.R. 2641 28

H.R. 2650 31

H.R. 2803 33

H.R. 2804 37

H.R. 2974 39

H.R. 2980 41

H.R. 2996 43

OPENING STATEMENT

McCollum, Hon. Bill, a Representative in Congress from the State of Florida,

and chairman, Subcommittee on Crime 1

WITNESSES

Chrysler, Hon. Dick, a Representative in Congress from the State of Michi-
gan 79

Di Gregory, Kevin V., Deputy Assistant Attorney General, Criminal Division,
Department of Justice 110

Fox, Hon. Jon D., a Representative in Congress from the State of Pennsylva-
nia 86

Frank, Hon. Barney, a Representative in Congress from the State of Massa-
chusetts 52

Jones, Hon. Walter B., a Representative in Congress from the State of North
Carlonia 103

Lowey, Hon. Nita M., a Representative in Congress from the State of New
York 105

Martinez, Hon. Matthew G., a Representative in Congress from the State

of California 63

Royce, Hon. Edward R., a Representative in Congress from the State of
California 82

Zimmer, Hon. Dick, a Representative in Congress from the State of New
Jersey 98

LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARING

Barr, Hon. Bob, a Representative in Congress from the State of Geoi^a:
Prepared statement 70

Chrysler, Hon. Dick, a Representative in Congress from the State of Michi-
gan: Prepared statement 80

Di Gregory, Kevin V., Deputy Assistant Attorney General, Department of
Justice: Letter dated March 6, 1996, to Chairman McCollum, from Office
of Legislative Affairs, Department of Justice Ill



(III)



IV

Page

Fox, Hon. Jon D., a Representative in Congress from the State of Pennsylva-
nia:
Letter dated May 17, 1995, from Claude A.L. Shields, president, Penn-
sylvania District Attorneys Association 95

Letter dated March 5, 1996, to Chairman Heniy J. Hyde, from Michael

D. Marino, district attorney, Montgomery County, PA 96

Letter dated March 5, 1996, from Lynne Abraham, district attorney,

Philadelphia, PA 97

Prepared statement 87

Jones, Hon. Walter B., a Representative in Congress from the State of North

Carolina: Prepared statement 103

Lowey, Hon. Nita M., a Representative in Congress from the State of New

York: Prepared statement 106

Martinez, Hon. Matthew G., a Representative in Congress from the State

of California: Prepared statement 65

McCollum, Hon. Bill, a Representative in Congress from the State of Florida,
and chairman, Subcommittee on Crime: Letter dated March 6, 1996, from

Gilbert G. Gallegos, national president. Fraternal Order of Police 76

Royce, Hon. Edward R., a Representative in Congress from the State of

California: Prepared statement 84

Schumer, Hon. Charles E., a Representative in Congress from the State

of New York: Prepared statement 54

Zimmer, Hon. DicK, a Representative in Congress from the State of New
Jersey: Prepared statement 99

APPENDIX
Material submitted for the hearing 133



MINOR AND MISCELLANEOUS BILLS
(Part 2)



THURSDAY, MARCH 7, 1996

House of Representatives,

Subcommittee on Crime,
Committee on the Judiciary,

Washington, DC.
The subcommittee met, pursuant to notice, at 10 a.m., in room
2141, Rayburn House Office Building, Hon. Bill McCollum (chair-
man of the subcommittee) presiding.

Present: Representatives Bill McCollum, Howard Coble, Fred
Heineman, Ed Bryant of Tennessee, Steve Chabot, Bob Barr,
Charles E. Schumer, and Zoe Lofgren.

Also present: Paul J. McNulty, chief counsel; Glenn R. Schmitt,
counsel; Daniel J. Bryant, assistant counsel, Aerin D. Dunkle, re-
search assistant; Audray L. Clement, secretary; and Tom Diaz, mi-
nority counsel.

OPENING STATEMENT OF CHAIRMAN McCOLLUM

Mr. McCollum. This hearing on the Subcommittee on Crime
will come to order.

This morning we continue a process begun last year in which we
attempt to consider several minor and miscellaneous bills in an ex-
peditious manner, and I might add that I don't think that most of
the people who listen to these bills today are going to consider
them to be minor.

I guess the term is being used only because we are trying to ex-
pedite them and we are trying to handle them in a way that we
believe is possible because they are not controversial in nature,
which might be a better description. Several of them are quite
major, as a matter of fact.

The pattern over the past decade has been to consider a large
amount of crime legislation in an omnibus form. This process often
did not afford us time necessary for careful consideration of bills
that were significant but frequently rolled into very large bills. To-
day's hearing is designed to give us that opportunity.

Let me assure everyone tnat the purpose of this hearing is to
simply begin consideration of the issues raised by the bills before
us.

The subcommittee will welcome comments and statements from
all interested parties. We already have a significant number of
such statements and will continue to seek them and put them into
the record at the appropriate time.

(1)



Let me also say that the fact that a bill is being considered today
does not mean that it will necessarily be marked up, although I
would hope that many, if not most of these bills today will be.

After today's hearing we will review all of the comments and
views expressed regarding these proposals. The staff and I will con-
sult with members of the subcommittee and those who are offering
these bills and we will see what is possible given the limited time
in this Congress and the status of this particular legislation in each
of the cases involved.

[The bills, H.R. 1143, H.R. 1144, H.R. 1145, H.R. 2092, H.R.
2137, H.R. 2453, H.R. 2587, H.R. 2607, H.R. 2641, H.R. 2650, H.R.
2803, H.R. 2804, H.R. 2974, H.R. 2980, and H.R. 2996, follow:]



104th congress
1st Session



H.R.1143

To amend title 18, United States Code, \iith respect to witness retaliation.



IN THE HOUSE OF REPRESENTATRTES

March 7, 1995

Mr. Fox of Pennsylvania introduced the following bill; which was referred to

the Committee on the Judiciar\'



A BILL



To amend title 18, United States Code, with respect to
witness retaliation.

1 Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,

3 That section 1513 of title 18, United States Code, is

4 amended by adding at the end the following:

5 '*(c) If the retahation occurred because of attendance

6 at or testimony in a criminal case, the maximum term of

7 imprisonment which may be imposed for the offense under

8 this section shall be the higher of that otherwise provided

9 by law or the maximum term that could have been im-
10 posed for any offense charged in such case.".

O



104th congress
1st Session



\



H.R. 1144

To amend title 18, United States Code, with respect to witness tampering.



IN THE HOUSE OF REPRESEXTATR^S

March 7, 1995

Mr. Fox of Pennsylvania introduced the following bill; which was referred to

the Committee on the Judiciar}'



A BILL

To amend title 18, United States Code, with respect to
witness tampering.

1 Be it enacted hy the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,

3 That section 1512 of title 18, United States Code, is

4 amended by adding at the end the following:

5 "(i) If the offense under this section occurs in connec-

6 tion with a trial of a criminal case, the maximum term

7 of imprisonment which may be imposed for the offe. se

8 shall be the higher of that otherwise provided by law or

9 the maximum term that could have been imposed for any
10 offense charged in such case.".

O



104th congress
1st Session



H.R. 1145



To amend title 18, United States Code, with respect to jury tampering.



IN TPEE HOUSE OF REPRESENTATIVES

March 7, 1995
Mr. Fox of Pennsylvania (for liimself, Mr. Hyde, Mr. COXYERS, Mr. McCOL-
LUM, and Mr. SCHUMER) introduced the following bill; which was referred
to the Committee on the Judieiar\'



A BILL

To amend title 18, United States Code, ^\^th respect to
jury tampering.

1 Be it enacted by the Senate and House of Representa-

2 tives of tfie United States of America in Congress assembled,

3 That section 1503 of title 18, United States Code, is

4 amended by adding at the end the following: "If the of-

5 fense under this section occurs in connection with a trial

6 of a criminal case, the maximum term of imprisonment

7 which may be imposed for the offense shall be the higher

8 of that otherwise provided by law or the maximum term



2

1 that could have been imposed for any offense charged in

2 such case.".

O



•HR 1145 IH



104th congress
1st Session



H. R. 2092



To expedite State renews of eriininal reeonis of iipplieaiits for private seeuiMtx
offieer eiiii)io\nuent. and for other i)uri)o.ses.



IN THE HOUSE OF REPRESEXTATmi:8

JlLY-il. 1995
Mr. BarR (for liiiiiself. Mr. JLUiTlNEZ, Mr. IIki.\E.\L\N. Mr. ScillFF. Mr.
BER^LV^â– . Mr. Serr.\no, and Mr. Hhya.xt of Tennessee) introdueed tlie
following: bill; wiiieh was referred to the C'onnnittee on Eeonoinie and
Educational Opportunities, and in addition to the Comniittee on tiie .ludi-
ciaiy, for a period to be subsetjuently determined by the S|)eaker, in eaeh
case for consideration of such pro\nsions as fall within the juri.sdietion of
the eoniniittee concerned



A BILL



To expedite State re\iews of criminal i-oeords of applicants
for private security officer eni})l(nnnent, and for other
purposes.

1 Be it enacted hij the Senate and House of Represent a-

2 tires of the United States of America in Congress assenil)U'd,

3 SECTION 1. SHORT TrTLE.

4 This Act may be cited as the "Pi-ivate Security Off'i-

5 cei- Qiuility Assurance Act of 199;")".

6 SEC. 2. FINDINGS.

7 ('onjiTess f wids that —



8

2

1 (1) emplo.Miieiit of private security ot'tu-ers in

2 the United States is orroAniip- rapidly;

3 (2) the private seeurity industiy provides lui-

4 merous opportunities for entiy-level job applicants,

5 including indi\iduals suffering from unoni{)l()ynKMit

6 due to economic conditions or dislocations;

7 (3) sworn law enforcement officers pi-ovide sig-

8 nificant senices to the citizens of the United States

9 in its public areas, and are only supplemented by

10 private security officers who pro\ide prevention and

1 1 reporting services in support of, but not in place of,

12 regular sworn police;

13 (4) given the gix)\\lli of large private shopping

14 malls, and the consequent reduction in the number

15 of public shopping streets, the American public is

16 more likely to have contact with piivate security per-

17 sonnel in the coui-se of a day than with sworn law

1 8 enforcement officers;

19 (5) regardless of the differences in their duties,

20 skill, and responsibilities, the public has difficulty in

21 discerning the difference between sworn law enfoice-

22 meiit officers and piivate security personnel;

23 (()) the American public demands the einploy-

24 ment of (jualified, well-trained |)iivate seciiiity pei-



•HR 2092 IH



3

1 soniiel as an adjunct, but not a re{)lac'enient tbi-

2 sworn law enforcement officers;

3 (7) the States and employers should be required

4 to determine the qualifications of applicants for eni-

5 plo\Tiient as private security personnel;

6 (8) employers should be required to ensure at

7 least minimum training for newly hired private secu-

8 rity personnel and refresher trainino: for ex])erienced

9 personnel, based upon State-imposed standai-ds;

10 (9) State requirements, if any, for screenino-

11 and training- private security personnel vaiy widely;

12 (10) public safety would be improved if all

13 States required appropriate screening and training

14 of private security personnel;

15 (11) States should enact laws imposing mini-

16 nuim standards that are iniifonn nationwide for the

17 screening and training of private security persoimel,

18 although States should be allowed to enact stricter

19 01- more rigoi-ous standards if they so choose; and

20 (12) State law applicable to private security

21 personnel should apply to all j)rivate security pei'son-

22 nel.

23 SEC. 3. BACKGROUND CHECKS.

24 (a) In (4h.\H1L\L. — An association of employers of

25 private secui-ity oft'icei-s, designated foi- the pui-pose of this

•HR 2092 IH



10

4

1 section by the Attoi-ney General, may submit fni^vrpriiits

2 or other methods of positive identification approved by the

3 Attorney General, to the Attorney General on beiiaif of

4 any applicant for a State license or certificate of rejiistra-

5 tion as a private security officer or employer of private

6 security officers. In response to such a submission, the At-

7 torney General may, to the extent provided by State hnv

8 conforming' to the requirements of the second para- that

3 appropriately reflects the natuiv of theii- duties

4 rather than the classroom instniction i-ecjuiivd

5 by subparagrraph (A).

6 (C) For electronic security officers, the

7 State should require training: and testing- that

8 adequately prepares the registrant foi- duties in

9 the fields of burg:lar alarms, fne alarms, closed

10 circuit tele\ision, access control, or system mon-

1 1 itoring.

12 (D) For armed private security officers, in

13 addition to the training: requii-ed by paragi-aph

14 (1) or (2), the follo^\^no•:

15 (i) Fifteen hours of wea|)ons instruc-

16 tions (including: the marksmanshij) de-

17 scribed in clause (ii)) and successful com-

18 pletion of a \M-itten examination on —

19 (I) the legal limitations on the

20 use of,

21 (II) weapons handling', and

22 (III) safety and maintenance.

23 (ii) A mininnnn marksmanshij) (luali-

24 fication of 70 percent attaini'd on any sil-



•HR 2092 IH



15

9

1 houette target course approved by the

2 State regulatory- agfeney.

3 (E) Each State should have in effect a re-

4 quirement for an annual refresher course in the

5 subjects listed in this section. Armed pri\ate se-

6 curity officers should be required to requalify

7 on the range.

8 (4) W^VR'EK. — On the request of an employer,

9 a State should waive the preassigmnent screening

10 requirements and training requirement if the secu-

11 rity officer holds a valid registration ceilificate of

12 that State, or is a sworn law enforcement officer.

13 (5) Recognition of oit-of-statk li-

14 CENSES. — ^A State should accept proof of licensure

15 of registration (accompanied by an appropriate fee)

16 from other States as valid licenses ])r()viding the

17 State's training and screening requirements are con-

18 sistent.

19 (6) E.MPJ.OYEE PROTECTION. — A State should

20 have in effect a law that makes invalid and unen-

21 forceable any unreasonable limitation imposed by an

22 employer on the riglit of an employee to seek ov ob-

23 tain subsequent empknment as a private security of-

24 ficer after volunt^irx' or involuntaiy termination of

25 empUnmient by such employei-.

•HR 2092 IH



16



10

1 (7) Admsoky boards. — States slioukl us(> ad-

2 \'isoiy boards to pro\ide information to ivjnilators

3 enforcing: the statute. Such boards should inehide

4 persons engagred in the business of providing- seeu-

5 rity, security manag:ers, hiw enfoirenient oftu-ials,

6 and members of the pubhe.

7 SEC. 5. DEFINrriONS.

8 As used in this Act —

9 (1) the term "employee" inchides an apphcant

10 for employment;

11 (2) the term "employer" means any i)ei-son

12 that—

13 (A) employs one or moiv private security

14 officers; or

15 (B) pro\ides, as an independent conti-ac-

16 tor, for consideration, the senices of one oi*

17 moi'e private secui'ity officei's (possibly inchid-

18 injr oneself);

19 (3) the term "felony" means an offenst' foi-

20 which a term of imprisonment exceeding: one year

21 may be imposed;

22 (4) the tei'm "misdemeanor" means an offense

23 for which a maxinunn term of imprisonment of one

24 year or less may be imposed;

25 (5) tlie term "private secui-ity officer"

•HR 2092 Di



17

11

1 (A) means —

2 (i) an indi\'i(hial who })ortoiins socu-

3 rity seniees, tiiU or part tinio. for considor-

4 ation as an independent contractor oi- an

5 employee, whether armed or unaniu'd and

6 in uniform or plain clothes whose })riniary

7 duty is to perform security seniees. oi-

8 (ii) an indi\idual who is an employee

9 of an electronic security system company

10 engraged in one or more of the foliowinu ac-

1 1 ti\ities in the State: burglar alaj-iu techni-

12 cian, fire alarm technician, closed ciicuit

13 telcAision technician, access control techni-

14 cian, or security system nionitor; but

15 (B) does not include^ —

16 (i) sworn police oft'iceis who have law

17 enforcement powers in the State,

18 (ii) attorneys, accountants, and other

19 professionals who are otherwise licensed in

20 the State,

21 (iii) employees whose duties are pi-i-

22 maiily inteiMial audit oi- credit functions,