

   
   
      TITLE XXXII-MISCELLANEOUS Sections 320916-320935
      
   
   
   
   
   SEC. 320916. AUTHORITY TO INVESTIGATE VIOLENT CRIMES AGAINST
   TRAVELERS.
   
   
   
   (a) In General .-Chapter 33 of title 28, United States Code, is
   amended by adding at the end the following new section:
   
   
   
   " 540A. Investigation of violent crimes against travelers
   
   
   
   "(a) In General .-At the request of an appropriate law enforcement
   official of a State or political subdivision, the Attorney General and
   Director of the Federal Bureau of Investigation may assist in the
   investigation of a felony crime of violence in violation of the law of
   any State in which the victim appears to have been selected because he
   or she is a traveler.
   
   
   
   "(b) Foreign Travelers .-In a case in which the traveler who is a
   victim of a crime described in subsection (a) is from a foreign
   nation, the Attorney General and Director of the Federal Bureau of
   Investigation, and, when appropriate, the Secretary of State shall
   assist the prosecuting and law enforcement officials of a State or
   political subdivision to the fullest extent possible in securing from
   abroad such evidence or other information as may be needed for the
   effective investigation and prosecution of the crime.
   
   
   
   "(c) Definitions .-In this section-
   
   
   
   " 'felony crime of violence' means an offense punishable by more than
   one year in prison that has as an element the use, attempted use, or
   threatened use of physical force against the person of another.
   
   
   
   " 'State' means a State, the District of Columbia, and any
   commonwealth, territory, or possession of the United States.
   
   
   
   " 'traveler' means a victim of a crime of violence who is not a
   resident of the State in which the crime of violence occurred.".
   
   
   
   (b) Technical Amendment .-The chapter analysis for chapter 33 of title
   28, United States Code, is amended by adding at the end the following
   new item:
   
   
   
   "540A. Investigation of violent crimes against travelers.".
   
   
   
   SEC. 320917. EXTENSION OF STATUTE OF LIMITATIONS FOR ARSON.
   
   
   
   (a) In General .-Section 844(i) of title 18, United States Code, is
   amended by adding at the end the following: "No person shall be
   prosecuted, tried, or punished for any noncapital offense under this
   subsection unless the indictment is found or the information is
   instituted within 7 years after the date on which the offense was
   committed.".
   
   
   
   (b) Application of Amendment .-The amendment made by subsection (a)
   shall not apply to any offense described in the amendment that was
   committed more than 5 years prior to the date of enactment of this
   Act.
   
   
   
   SEC. 320918. SENSE OF CONGRESS CONCERNING CHILD CUSTODY AND VISITATION
   RIGHTS.
   
   
   
   It is the sense of the Congress that in determining child custody and
   visitation rights, the courts should take into consideration the
   history of drunk driving that any person involved in the determination
   may have.
   
   
   
   SEC. 320919. EDWARD BYRNE MEMORIAL FORMULA GRANT PROGRAM.
   
   
   
   Nothing in this Act shall be construed to prohibit or exclude the
   expenditure of appropriations to grant recipients that would have been
   or are eligible to receive grants under subpart 1 of part E of the
   Omnibus Crime Control and Safe Streets Act of 1968.
   
   
   
   SEC. 320920. SENSE OF THE SENATE REGARDING LAW DAY U.S.A.
   
   
   
   It is the sense of the Senate that in celebration of "Law Day,
   U.S.A.", May 1, 1995, the grateful people of this Nation should give
   special emphasis to all law enforcement personnel of the United
   States, and the grateful people of this Nation should acknowledge the
   unflinching and devoted service law enforcement personnel perform as
   such personnel help preserve domestic tranquillity and guarantee the
   legal rights of all individuals of this Nation.
   
   
   
   SEC. 320921. FIRST TIME DOMESTIC VIOLENCE OFFENDER REHABILITATION
   PROGRAM.
   
   
   
   (a) Sentence of Probation .-Section 3561 of title 18, United States
   Code, is amended-
   
   
   
   (1) by redesignating subsection (b) as subsection (c); and
   
   
   
   (2) by inserting the following new subsection after subsection (a):
   "(b) Domestic Violence Offenders .- A defendant who has been convicted
   for the first time of a domestic violence crime shall be sentenced to
   a term of probation if not sentenced to a term of imprisonment. The
   term 'domestic violence crime' means a crime of violence for which the
   defendant may be prosecuted in a court of the United States in which
   the victim or intended victim is the spouse, former spouse, intimate
   partner, former intimate partner, child, or former child of the
   defendant, or any relative defendant, child, or former child of the
   defendant, or any other relative of the defendant.".
   
   
   
   (b) Conditions of Probation .-Section 3563(a) of title 18, United
   States Code, is amended by-
   
   
   
   (1) striking "and" at the end of paragraph (2);
   
   
   
   (2) striking the period at the end of paragraph (3) and inserting ";
   and"; and
   
   
   
   (3) by inserting the following new paragraph:
   
   
   
   "(4) for a domestic violence crime as defined in section 3561(b) by a
   defendant convicted of such an offense for the first time that the
   defendant attend a public, private, or private non-profit offender
   rehabilitation program that has been approved by the court, in
   consultation with a State Coalition Against Domestic Violence or other
   appropriate experts, if an approved program is readily available
   within a 50- mile radius of the legal residence of the defendant.".
   
   
   
   (c) Supervised Release .-Section 3583 of title 18, United States Code,
   is amended-
   
   
   
   (1) in subsection (a) by inserting "or if the defendant has been
   convicted for the first time of a domestic violence crime as defined
   in section 3561(b)" after "statute"; and
   
   
   
   (2) in subsection (d) by inserting the following after the first
   sentence: "The court shall order as an explicit condition of
   supervised release for a defendant convicted for the first time of a
   domestic violence crime as defined in section 3561(b) that the
   defendant attend a public, private, or private nonprofit offender
   rehabilitation program that has been approved by the court, in
   consultation with a State Coalition Against Domestic Violence or other
   appropriate experts, if an approved program is readily available
   within a 50-mile radius of the legal residence of the defendant.".
   
   
   
   SEC. 320922. DISPLAY OF FLAGS AT HALFSTAFF.
   
   
   
   (a) Public Law 87-726 .-The first section of Public Law 87-726 (36
   U.S.C. 167) is amended-
   
   
   
   (1) by striking "(2)" and inserting "(3)";
   
   
   
   (2) by inserting after clause (1) the following new clause: "(2)
   directing the officials of the Government to display at halfstaff the
   flag of the United States on all Government buildings on such day, as
   provided by section 3(m) of the Act of June 22, 1942 (Chapter 435; 56
   Stat. 377; 36 U.S.C. 175),";
   
   
   
   (3) by striking "(3)" and inserting "(4)"; and
   
   
   
   (4) by inserting in paragraph (4) ", including the display at
   half-staff of the flag of the United States" after "activities".
   
   
   
   (b) Act of June 22, 1942.-Section 3(m) of the Act of June 22, 1942
   (Chapter 435; 56 Stat. 377; 36 U.S.C. 175) is amended by inserting
   "The flag shall be flown at half-staff on Peace Officers Memorial Day,
   unless that day is also Armed Forces Day." after "a Member of
   Congress.".
   
   
   
   SEC. 320923. FINANCIAL INSTITUTION FRAUD.
   
   
   
   Section 528 of Public Law 101-509, approved November 5, 1990, is
   amended by striking "with the authority of the Resolution Trust
   Corporation or its successor" at the end of subsection (b)(2) and
   inserting "on December 31, 2004".
   
   
   
   SEC. 320924. DEFINITION OF "PARENT" FOR THE PURPOSES OF THE OFFENSE OF
   KIDNAPPING.
   
   
   
   Section 1201 of title 18, United States Code, is amended by adding at
   the end the following new subsection:
   
   
   
   "(h) As used in this section, the term 'parent' does not include a
   person whose parental rights with respect to the victim of an offense
   under this section have been terminated by a final court order.".
   
   
   
   SEC. 320926. HATE CRIME STATISTICS ACT.
   
   
   
   Subsection (b)(1) of the first section of the Hate Crime Statistics
   Act (28 U.S.C. 534 note) is amended by inserting "disability," after
   "religion,".
   
   
   
   SEC. 320927. EXEMPTION FROM BRADY BACKGROUND CHECK REQUIREMENT OF
   RETURN OF HANDGUN TO OWNER.
   
   
   
   Section 922(s)(1) of title 18, United States Code, is amended in the
   first sentence by inserting "(other than the return of a handgun to
   the person from whom it was received)" after "handgun".
   
   
   
   SEC. 320928. AMENDMENT OF THE NATIONAL CHILD PROTECTION ACT OF 1993.
   
   
   
   (a) Protection of the Elderly and Individuals With Disabilities .-
   
   
   
   (1) Background checks .-Section 3(a)(1) of the National Child
   Protection Act of 1993 (42 U.S.C. 5119a) is amended by striking "an
   individual's fitness to have responsibility for the safety and
   well-being of children" and inserting "the provider's fitness to have
   responsibility for the safety and well-being of children, the elderly,
   or individuals with disabilities".
   
   
   
   (2) Guidelines .-Section 3(b) of the National Child Protection Act of
   1993 (42 U.S.C. 5119b(b)) is amended-
   
   
   
   (A) in paragraph (1)(E)-
   
   
   
   (i) by striking "child" the first place it appears and inserting
   "person"; and
   
   
   
   (ii) by striking "child" the second place it appears; and
   
   
   
   [*H8862]
   
   
   
   (B) in paragraph (4) by striking "an individual's fitness to have
   responsibility for the safety and well- being of children" and
   inserting "the provider's fitness to have responsibility for the
   safety and well-being of children, the elderly, or individuals with
   disabilities".
   
   
   
   (3) Definition of care .-Section 5 of the National Child Protection
   Act of 1993 (42 U.S.C. 5119c(5)) is amended-
   
   
   
   (A) by amending paragraph (5) to read as follows:
   
   
   
   "(5) the term 'care' means the provision of care, treatment,
   education, training, instruction, supervision, or recreation to
   children, the elderly, or individuals with disabilities;"; and
   
   
   
   (B) in paragraph (8) by striking "child care" each place it appears
   and inserting "care".
   
   
   
   (b) Information Required To Be Reported .-Section 2(a) of the National
   Child Protection Act of 1993 (42 U.S.C. 5119(a)) is amended by adding
   at the end "A criminal justice agency may satisfy the requirement of
   this subsection by reporting or indexing all felony and serious
   misdemeanor arrests and dispositions.".
   
   
   
   (c) Clarification of Immunity Provision .-Section 3(d) of the National
   Child Protection Act of 1993 (42 U.S.C. 5119a(d)) is amended by
   inserting "(other than itself)" after "failure of a qualified entity".
   
   
   
   
   (d) Defrayment of Costs to Volunteers of Conducting Background Checks
   .-Section 4(b) of the National Child Protection Act of 1993 (42 U.S.C.
   5119b(b)) is amended-
   
   
   
   (1) by striking "and" at the end of subparagraph (C);
   
   
   
   (2) by striking the period at the end of subparagraph (D) and
   inserting "; and"; and
   
   
   
   (3) by adding at the end the following new subparagraph:
   
   
   
   "(E) to assist the State in paying all or part of the cost to the
   State of conducting background checks on persons who are employed by
   or volunteer with a public, not-for-profit, or voluntary qualified
   entity to reduce the amount of fees charged for such background
   checks.".
   
   
   
   (e) Fees .-Section 3(e) of the National Child Protection Act of 1993
   is amended by striking "the actual cost" and inserting "eighteen
   dollars, respectively, or the actual cost, whichever is less,".
   
   
   
   (f) Costs of the FBI .-Funds authorized to be appropriated to the
   Federal Bureau of Investigation under section 190001(c) of this Act
   may be used to pay all or part of the cost to the Federal Bureau of
   Investigation of carrying out the National Child Protection Act of
   1993, including the cost of conducting background checks on persons
   who are employed by or volunteer with a public, not-for-profit, or
   voluntary qualified entity to reduce the amount of fees charged for
   such background checks.
   
   
   
   (g) Guidelines .-
   
   
   
   (1) In general .-The Attorney General, in consultation with Federal,
   State, and local officials, including officials responsible for
   criminal history record systems, and representatives of public and
   private care organizations and health, legal, and social welfare
   organizations, shall develop guidelines for the adoption of
   appropriate safeguards by care providers and by States for protecting
   children, the elderly, or individuals with disabilities from abuse.
   
   
   
   (2) Matters to be addressed .-In developing guidelines under paragraph
   (1), the Attorney General shall address the availability, cost,
   timeliness, and effectiveness of criminal history background checks
   and recommend measures to ensure that fees for background checks do
   not discourage volunteers from participating in care programs.
   
   
   
   (3) Dissemination .-The Attorney General shall, subject to the
   availability of appropriations, disseminate the guidelines to State
   and local officials and to public and private care providers.
   
   
   
   (h) Change of Report Deadline .-Section 2(f)(2) of the National Child
   Protection Act of 1993 (42 U.S.C. 5119(f)(2)) is amended by striking
   "1 year" and inserting "2 years".
   
   
   
   (i) Change of Implementation Deadline .-Section 2(b)(2)(A) of the
   National Child Protection Act of 1993 (42 U.S.C. 5119(b)(2)(A)) is
   amended by striking "3 years" and inserting "5 years".
   
   
   
   (j) Definition of Child Abuse Cases and Individuals With Disabilities
   .-Section 5 of the National Child Protection Act of 1993 (42 U.S.C.
   5119c) is amended-
   
   
   
   (1) by redesignating paragraph (6), (7), (8), and (9) as paragraph
   (8), (9), (10), and (11), respectively; and
   
   
   
   (2) by inserting after paragraph (5) the following new paragraphs:
   
   
   
   "(6) the term 'identifiable child abuse crime case' means a case that
   can be identified by the authorized criminal justice agency of the
   State as involving a child abuse crime by reference to the statutory
   citation or descriptive label of the crime as it appears in the
   criminal history record;
   
   
   
   "(7) the term 'individuals with disabilities' means persons with a
   mental or physical impairment who require assistance to perform one or
   more daily living tasks;".
   
   
   
   SEC. 320929. TENNESSEE VALLEY AUTHORITY LAW ENFORCEMENT PERSONNEL.
   
   
   
   The Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et seq.) is
   amended by inserting after section 4 the following new section:
   
   
   
   " Sec. 4A. Law Enforcement .-(a) Designation of Law Enforcement Agents
   .-The Board may designate employees of the corporation to act as law
   enforcement agents in the area of jurisdiction described in subsection
   (c).
   
   
   
   "(b) Duties and Powers .-
   
   
   
   "(1) Duties .-A law enforcement agent designated under subsection (a)
   shall maintain law and order and protect persons and property in the
   area of jurisdiction described in subsection (c) and protect property
   and officials and employees of the corporation outside that area.
   
   
   
   "(2) Powers .-In the performance of duties described in paragraph (1),
   a law enforcement agent designated under subsection (a) may-
   
   
   
   "(A) make arrests without warrant for any offense against the United
   States committed in the agent's presence, or for any felony cognizable
   under the laws of the United States if the agent has probable cause to
   believe that the person to be arrested has committed or is committing
   such a felony;
   
   
   
   "(B) execute any warrant or other process issued by a court or officer
   of competent jurisdiction for the enforcement of any Federal law or
   regulation issued pursuant to law in connection with the investigation
   of an offense described in subparagraph (A);
   
   
   
   "(C) conduct an investigation of an offense described in subparagraph
   (A) in the absence of investigation of the offense by any Federal law
   enforcement agency having investigative jurisdiction over the offense
   or with the concurrence of that agency; and
   
   
   
   "(D) carry firearms in carrying out any activity described in
   subparagraph (A), (B), or (C).
   
   
   
   "(c) Area of Jurisdiction .-A law enforcement agent designated under
   subsection (a) shall be authorized to exercise the law enforcement
   duties and powers described in subsection (b)-
   
   
   
   "(1) on any lands or facilities owned or leased by the corporation or
   within such adjoining areas in the vicinities of such lands or
   facilities as may be determined by the board under subsection (e); and
   
   
   
   
   "(2) on other lands or facilities-
   
   
   
   "(A) when the person to be arrested is in the process of fleeing from
   such lands, facilities, or adjoining areas to avoid arrest;
   
   
   
   "(B) in conjunction with the protection of property or officials or
   employees of the corporation on or within lands or facilities other
   than those owned or leased by the corporation; or
   
   
   
   "(C) in cooperation with other Federal, State, or local law
   enforcement agencies.
   
   
   
   "(d) Federal Investigative Jurisdiction and State Civil and Criminal
   Jurisdiction Not Preempted .- Nothing in this section shall be
   construed to-
   
   
   
   "(1) limit or restrict the investigative jurisdiction of any Federal
   law enforcement agency; or "(2) affect any right of a State or a
   political subdivision thereof to exercise civil and criminal
   jurisdiction on or within lands or facilities owned or leased by the
   corporation.
   
   
   
   "(e) Determination of Adjoining Areas .-
   
   
   
   "(1) In general .-The board shall determine and may from time-to-time
   modify the adjoining areas for each facility or particular area of
   land, or for individual categories of such facilities or lands, for
   the purposes of subsection (c)(1).
   
   
   
   "(2) Notice .-A notice and description of each adjoining area
   determination or modification of a determination made under paragraph
   (1) shall be published in the Federal Register.
   
   
   
   "(f) Qualifications and Training .-The board, in consultation with the
   Attorney General, shall adopt qualification and training standards for
   law enforcement agents designated under subsection (a).
   
   
   
   "(g) Relation to Other Law .-A law enforcement agent designated under
   subsection (a) shall not be considered to be a law enforcement officer
   of the United States for the purposes of any other law, and no law
   enforcement agent designated under subsection (a) or other employee of
   the corporation shall receive an increase in compensation solely on
   account of this section.
   
   
   
   "(h) Relationship With Attorney General .-The duties and powers of law
   enforcement agents designated under subsection (a) that are described
   in subsection (b) shall be exercised in accordance with guidelines
   approved by the Attorney General.".
   
   
   
   SEC. 320932. ASSISTANT UNITED STATES ATTORNEY RESIDENCY.
   
   
   
   Section 545(a) of title 28, United States Code, is amended-
   
   
   
   (1) by striking "and assistant United States attorney"; and
   
   
   
   (2) by inserting the following after the first sentence: "Each
   assistant United States attorney shall reside in the district for
   which he or she is appointed or within 25 miles thereof.".
   
   
   
   SEC. 320933. LABELS ON PRODUCTS.
   
   
   
   To the extent any person introduces, delivers for introduction, sells,
   advertises, or offers for sale in commerce a product with a "Made in
   the U.S.A." or "Made in America" label, or the equivalent thereof, in
   order to represent that such product was in whole or substantial part
   of domestic origin, such label shall be consistent with decisions and
   orders of the Federal Trade Commission issued pursuant to section 5 of
   the Federal Trade Commission Act. This section only applies to such
   labels. Nothing in this section shall preclude the application of
   other provisions of law relating to labeling. The Commission may
   periodically consider an appropriate percentage of imported components
   which may be included in the product and still be reasonably
   consistent with such decisions and orders. Nothing in this section
   shall preclude use of such labels for products that contain imported
   components under the label when the label also discloses such
   information in a clear and conspicuous manner. The Commission shall
   administer this section pursuant to section 5 of the Federal Trade
   Commission Act and may from time to time issue rules pursuant to
   section 553 of Title 5, United States Code for such purpose. If a rule
   is issued, such violation shall be treated by the Commission as a
   violation of a rule under section 18 of the Federal Trade Commissions
   Act (15 U.S.C. 57a) regarding unfair or deceptive acts or practices.
   This section shall be effective upon publication in the Federal
   Register of a Notice of the provisions of this section. The Commission
   shall publish such notice within six months after the enactment of
   this section. [*H8863]
   
   
   
   SEC. 320934. NON-DISCHARGEABILITY OF PAYMENT OF RESTITUTION ORDER.
   
   
   
   Section 523(a) of title 11, United States Code, is amended-
   
   
   
   (1) by striking "or" at the end of paragraph (11);
   
   
   
   (2) by striking the period at the end of paragraph (12) and inserting
   "; or"; and
   
   
   
   (3) by adding at the end the following new paragraph:
   
   
   
   "(13) for any payment of an order of restitution issued under title
   18, United States Code."
   
   
   
   SEC. 320935 ADMISSIBILITY OF EVIDENCE OF SIMILAR CRIMES IN SEX OFFENSE
   CASES.
   
   
   
   (a) The Federal Rules of Evidence are amended by adding after Rule 412
   the following new rules:
   
   
   
   "Rule 413. Evidence of Similar Crimes in Sexual Assault Cases
   
   
   
   "(a) In a criminal case in which the defendant is accused of an
   offense of sexual assault, evidence of the defendant's commission of
   another offense or offenses of sexual assault is admissible, and may
   be considered for its bearing on any matter to which it is relevant.
   
   
   
   "(b) In a case in which the Government intends to offer evidence under
   this rule, the attorney for the Government shall disclose the evidence
   to the defendant, including statements of witnesses or a summary of
   the substance of any testimony that is expected to be offered, at
   least fifteen days before the scheduled date of trial or at such later
   time as the court may allow for good cause.
   
   
   
   "(c) This rule shall not be construed to limit the admission or
   consideration of evidence under any other rule.
   
   
   
   "(d) For purposes of this rule and Rule 415, "offense of sexual
   assault" means a crime under Federal law or the law of a State (as
   defined in section 513 of title 18, United States Code) that involved-
   
   
   
   
   "(1) any conduct proscribed by chapter 109A of title 18, United States
   Code;
   
   
   
   "(2) contact, without consent, between any part of the defendant's
   body or an object and the genitals or anus of another person;
   
   
   
   "(3) contact, without consent, between the genitals or anus of the
   defendant and any part of another person's body;
   
   
   
   "(4) deriving sexual pleasure or gratification from the infliction of
   death, bodily injury, or physical pain on another person; or
   
   
   
   "(5) an attempt or conspiracy to engage in conduct described in
   paragraph (1)-(4).
   
   
   
   "Rule 414. Evidence of Similar Crimes in Child Molestation Cases
   
   
   
   "(a) In a criminal case in which the defendant is accused of an
   offense of child molestation, evidence of the defendant's commission
   of another offense or offenses of child molestation is admissible, and
   may be considered for its
   
   
   
   bearing on any matter to which it is relevant.
   
   
   
   "(b) In a case in which the Government intends to offer evidence under
   this rule, the attorney for the Government shall disclose the evidence
   to the defendant, including statements of witnesses or a summary of
   the substance of any testimony that is expected to be offered, at
   least fifteen days before the scheduled date of trial or at such later
   time as the court may allow for good cause.
   
   
   
   "(c) This rule shall not be construed to limit the admission or
   consideration of evidence under any other rule.
   
   
   
   "(d) For purposes of this rule and Rule 415, "child" means a person
   below the age of fourteen, and "offense of child molestation" means a
   crime under Federal law or the law of a State (as defined in section
   513 of title 18, United States Code) that involved-
   
   
   
   "(1) any conduct proscribed by chapter 109A of title 18, United States
   Code, that was committed in relation to a child;
   
   
   
   "(2) any conduct proscribed by chapter 110 of title 18, United States
   Code;
   
   
   
   "(3) contact between any part of the defendant's body or an object and
   the genitals or anus of a child;
   
   
   
   "(4) contact between the genitals or anus of the defendant and any
   part of the body of a child;
   
   
   
   "(5) deriving sexual pleasure or gratification from the infliction of
   death, bodily injury, or physical pain on a child; or
   
   
   
   "(6) an attempt or conspiracy to engage in conduct described in
   paragraphs (1)-(5).
   
   
   
   "Rule 415. Evidence of Similar Acts in Civil Cases Concerning Sexual
   Assault or Child Molestation
   
   
   
   "(a) In a civil case in which a claim for damages or other relief is
   predicated on a party's alleged commission of conduct constituting an
   offense of sexual assault or child molestation, evidence of that
   party's commission of another offense or offenses of sexual assault or
   child molestation is admissible and may be considered as provided in
   Rule 413 and Rule 414 of these rules.
   
   
   
   "(b) A party who intends to offer evidence under this Rule shall
   disclose the evidence to the party against whom it will be offered,
   including statements of witnesses or a summary of the substance of any
   testimony that is expected to be offered, at least fifteen days before
   the scheduled date of trial or at such later time as the court may
   allow for good cause.
   
   
   
   "(c) This rule shall not be construed to limit the admission or
   consideration of evidence under any other rule."
   
   
   
   (b) Implementation.- The amendments made by subsection (a) shall
   become effective pursuant to subsection (d).
   
   
   
   (c) Recommendations by Judicial Conference.- Not later than 150 days
   after the date of enactment of this Act, the Judicial Conference of
   the United States shall transmit to Congress a report containing
   recommendations for amending the Federal Rules of Evidence as they
   affect the admission of evidence of a defendant's prior sexual assault
   or child molestation crimes in cases involving sexual assault and
   child molestation. The Rules Enabling Act shall not apply to the
   recommendations made by the Judicial Conference pursuant to this
   section.
   
   
   
   (d) Congressional Action. -
   
   
   
   (1) If the recommendations described in subsection (c) are the same as
   the amendments made by subsection (a) then the amendments made by
   subsection (a) shall become effective 30 days after the transmittal of
   the recommendations.
   
   
   
   (2) If the recommendations described in subsection (c) are different
   than the amendments made by subsection (a), the amendments made by
   subsection (a) shall become effective 150 days after the transmittal
   of the recommendations unless otherwise provided by law.
   
   
   
   (3) If the Judicial Conference fails to comply with subsection (c),
   the amendments made by subsection (a) shall become effective 150 days
   after the date the recommendations were due under subsection (c)
   unless otherwise provided by law.
   
   
   
   (e) Application.- The amendments made by subsection (a) shall apply to
   proceedings commenced on or after the effective date of such
   amendments.

