I

103D CONGRESS

2D SESSION H. R. 4197

To deter and punish crime, and to protect the rights of crime victims.

IN THE HOUSE OF REPRESENTATIVES

APRIL 13, 1994

Mr. DOOLITTLE introduced the following bill; which was referred jointly to the

Committees on the Judiciary, Ways and Means, Education and Labor,

Armed Services, Science, Space, and Technology, and Government Operations

A BILL

To deter and punish crime, and to protect the rights of

crime victims.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Citizens’ Crime Prevention and Punishment Act of

6 1994’’.

7 (b) TABLE OF CONTENTS.—The table of contents for

8 this Act is as follows:

Sec. 1. Short title and table of contents.

TITLE I—PUNISHING VIOLENT CRIME
2

•HR 4197 IH

Subtitle A—Violent Felonies and Drug Offenses

Sec. 101. Life imprisonment or death penalty for second Federal violent felony

conviction.

Sec. 102. Denial of Federal benefits to persons convicted of crimes of violence.

Sec. 103. Elimination of judicial discretion in denial of Federal benefits in

cases of certain drug offenses.

Sec. 104. Enhanced penalty for discharge of a firearm during and in relation

to a crime of violence or drug trafficking crime.

Sec. 105. Mandatory minimum prison sentences for those who sell illegal drugs

to minors or who use minors in drug trafficking activities.

Sec. 106. Drug testing of Federal offenders on post-conviction release.

Sec. 107. Strengthening the Armed Career Criminals Act.

Sec. 108. Mandatory penalties for firearms possession by violent felons and serious drug offenders.

Sec. 109. Mandatory minimum sentence for unlawful possession of a firearm

by convicted felon, fugitive from justice, or transferor or receiver of stolen firearm.

Sec. 110. Increase in general penalty for violation of Federal firearms laws.

Sec. 111. Increase in enhanced penalties for possession of firearm in connection with crime of violence or drug trafficking crime.

Sec. 112. Smuggling firearms in aid of drug trafficking or violent crime.

Sec. 113. Definition of conviction under chapter 44.

Sec. 114. Definition of serious drug offense under the armed career criminal

act.

Sec. 115. Definition of burglary under the armed career criminal act.

Sec. 116. Temporary prohibition against possession of a firearm by, or transfer of a firearm to, persons convicted of a drug crime.

Subtitle B—Capital Offenses

Sec. 121. Procedures for enforcing death penalty.

Sec. 122. Prohibition of racially discriminatory policies concerning capital punishment or other penalties.

Sec. 123. Federal capital cases.

Sec. 124. Extension of protection of civil rights statutes.

Sec. 125. Federal death penalties.

Sec. 126. Conforming and technical amendments.

Subtitle C—Enhanced Penalties for Criminal Use of Firearms and Explosives

Chapter 1—Instant Check System for Handgun Purchases

Sec. 131. Findings.

Sec. 132. System for identifying felons and persons adjudicated mentally incompetent.

Sec. 133. Licensed firearms dealers required to check magnetic strip on driver’s license of any person attempting to purchase a handgun.

Chapter 2—Other Firearms Provisions

Sec. 141. Increased penalty for interstate gun trafficking.

Sec. 142. Prohibition against transactions involving stolen firearms which have

moved in interstate or foreign commerce.

Sec. 143. Enhanced penalties for use of firearms in connection with counterfeiting or forgery.
3

•HR 4197 IH

Sec. 144. Increased penalty for knowingly false, material Statement in firearm

purchase from licensed dealer.

Sec. 145. Revocation of supervised release for possession of a firearm in violation of release condition.

Sec. 146. Receipt of firearms by nonresident.

Sec. 147. Disposition of forfeited firearms.

Sec. 148. Conspiracy to violate Federal firearms or explosives laws.

Sec. 149. Theft of firearms or explosives from licensee.

Sec. 150. Penalties for theft of firearms or explosives.

Sec. 151. Prohibition against disposing of explosives to prohibited persons.

Sec. 152. Prohibition against theft of firearms or explosives.

Sec. 153. Increased penalty for second offense of using an explosive to commit

a felony.

Sec. 154. Possession of explosives by felons and others.

Sec. 155. Possession of explosives during the commission of a felony.

Sec. 156. Summary destruction of explosives subject to forfeiture.

Sec. 157. Elimination of outmoded parole language.

Subtitle D—Miscellaneous

Sec. 161. Increased penalties for travel act crimes involving violence and conspiracy to commit contract killings.

Sec. 162. Criminal offense for failing to obey an order to land a private aircraft.

Sec. 163. Amendment to the Mansfield amendment to permit maritime law enforcement operations in archipelagic waters.

Sec. 164. Enhancement of penalties for drug trafficking in prisons.

TITLE II—EQUAL PROTECTION FOR VICTIMS

Subtitle A—Victims’ Rights

Sec. 201. Right of the victim to fair treatment in legal proceedings.

Sec. 202. Right of the victim to an impartial jury.

Sec. 203. Victim’s right of allocution in sentencing.

Sec. 204. Enforcement of restitution orders through suspension of Federal benefits.

Sec. 205. Prohibition of retaliatory killings of witnesses, victims and informants.

Subtitle B—Judicial Reform

Sec. 211. Admissibility of evidence of similar crimes in sex offense cases.

Sec. 212. Extension and strengthening of rape victim shield law.

Sec. 213. Inadmissibility of evidence to show provocation or invitation by victim

in sex offense cases.

Sec. 214. Admissibility of certain evidence.

Sec. 215. General safeguards against racial prejudice or bias in the tribunal.

Sec. 216. Protection of jurors and witnesses in capital cases.

Sec. 217. Protection of court officers and jurors.

Sec. 218. Death penalty for murder of Federal witnesses.

Sec. 219. Amendment of restitution provisions.

TITLE III—PROTECTING FAMILIES AND COMMUNITIES

Subtitle A—Safe Neighborhoods
4

•HR 4197 IH

Sec. 301. Increased penalties for drug trafficking near schools.

Sec. 302. Federal safe school districts.

Sec. 303. Enhanced local law enforcement.

Sec. 304. Authorization of appropriations.

Sec. 305. Community policing grants.

Sec. 306. Addition of anti-gang byrne grant funding objective.

Sec. 307. Increased penalties for drug trafficking near public housing.

Subtitle B—Crimes Against Children

Sec. 311. Death penalty for murder during the sexual exploitation of children.

Sec. 312. Increased penalties for sex offenses against victims below the age of

16.

Sec. 313. Penalties for international trafficking in child pornography.

Sec. 314. Increased penalties for assaults against children.

Sec. 315. Increased penalties for drug distribution to pregnant women.

Sec. 316. Interstate enforcement of child support orders.

Sec. 317. Increased penalties for using minors in drug trafficking and drug

distribution to minors.

Sec. 318. Increased penalties for using a minor in commission of a Federal

offense.

Sec. 319. International parental kidnapping.

Sec. 320. State court programs regarding international parental child abduction.

Sec. 321. Kidnapping.

Subtitle C—Punishment of Serious Juvenile Offenders

Sec. 331. Serious juvenile drug offenses as armed career criminal act predicates.

Sec. 332. Amendments concerning records of crimes committed by juveniles.

Sec. 333. Prosecution as adults of violent juvenile offenders.

TITLE IV—PROTECTION OF WOMEN

Subtitle A—Spouse Abuse and Stalking

Sec. 401. Interstate travel to commit spouse abuse or to violate protective

order; interstate stalking.

Sec. 402. Full faith and credit for protective orders.

Subtitle B—Sex Offenses and Punishment

Sec. 411. Civil remedy for victims of sexual violence.

Sec. 412. Extension and strengthening of restitution.

Sec. 413. Pre-trial detention in sex offense cases.

Sec. 414. Mandatory life imprisonment for forcible rape.

Sec. 415. Death penalty for rape and child molestation murders.

Sec. 416. Increased penalties for recidivist sex offenders.

Sec. 417. Sentencing guidelines increase for sex offenses.

Sec. 418. Hiv testing and penalty enhancement in sexual offense cases.

TITLE V—PREVENTION OF TERRORISM

Subtitle A—Enhanced Controls on Entry into the United States

Sec. 501. Exclusion based on membership in terrorist organization of advocacy

of terrorism.
5

•HR 4197 IH

Sec. 502. Admissions fraud.

Sec. 503. Inspection and exclusion by immigration officers.

Sec. 504. Judicial review.

Sec. 505. Conforming amendments.

Sec. 506. Effective date.

Subtitle B—Deportation of Alien Terrorists

Sec. 511. Removal of alien terrorists.

Subtitle C—Penalties for Engaging in Terrorism

Sec. 521. Providing material support to terrorism.

Sec. 522. Sentencing guidelines increase for terrorist crimes.

Sec. 523. Extension of the statute of limitations for certain terrorism offenses.

Sec. 524. Enhanced penalties for certain offenses.

Sec. 525. Implementation of the 1988 protocol for the suppression of unlawful

acts of violence at airports serving international civil aviation.

Sec. 526. Amendment to Federal aviation act.

Sec. 527. Offenses of violence against maritime navigation or fixed platforms.

Sec. 528. Weapons of mass destruction.

Sec. 529. National task force on counterterrorism.

Sec. 530. Death penalty for death caused by the use of a bomb or other destructive device.

TITLE VI—CRIMINAL ALIENS AND ALIEN SMUGGLING

Subtitle A—Deportation of Criminal Aliens

Sec. 601. Expediting criminal alien deportation and exclusion.

Sec. 602. Authorizing registration of aliens on criminal probation or criminal

parole.

Sec. 603. Expansion in definition of ‘‘aggravated felony’’.

Sec. 604. Deportation procedures for certain criminal aliens who are not permanent residents.

Sec. 605. Judicial deportation.

Sec. 606. Restricting defenses to deportation for certain criminal aliens.

Sec. 607. Enhancing penalties for failing to depart, or reentering, after final

order of deportation.

Sec. 608. Miscellaneous and technical changes.

Sec. 609. Authorization of appropriations for criminal alien information system.

Subtitle B—Prevention and Punishment of Alien Smuggling

Sec. 611. Border patrol agents.

Sec. 612. Border patrol investigators.

Sec. 613. Enhanced penalties for certain alien smuggling.

TITLE VII—EXPANDING PRISON CAPACITY

Sec. 701. Use of private activity bonds.

Sec. 702. Federal-State partnerships for regional prisons.

Sec. 703. Non-applicability of Davis-Bacon to prison construction.

Sec. 704. Actions challenging conditions of confinement.

Sec. 705. Conversion of property and facilities at closed or realigned military

installations into youthful offender boot camps.

Sec. 706. Grants for boot camps.
6

•HR 4197 IH

Sec. 707. Restricted Federal court jurisdiction in imposing remedies on State

and Federal prison systems.

TITLE VIII—ELIMINATION OF DELAYS IN CARRYING OUT

SENTENCES

Subtitle A—Post Conviction Petitions: General Habeas Corpus Reform

Sec. 801. Period of limitation for filing writ of habeas corpus following final

judgment of a State court.

Sec. 802. Authority of appellate judges to issue certificates of probable cause

for appeal in habeas corpus and Federal collateral relief proceedings.

Sec. 803. Conforming amendment to the rules of appellate procedure.

Sec. 804. Discretion to deny habeas corpus application despite failure to exhaust State remedies.

Sec. 805. Period of limitation for Federal prisoners filing for collateral remedy.

Subtitle B—Special Procedures for Collateral Proceedings in Capital Cases

Sec. 811. Death penalty litigation procedures.

Subtitle C—Funding for Litigation of Federal Habeas Corpus Petitions in

Capital Cases

Sec. 821. Funding for death penalty prosecutions.

TITLE IX—PUBLIC CORRUPTION

Sec. 901. Offenses.

Sec. 902. Interstate commerce.

Sec. 903. Narcotics-related public corruption.

TITLE X—FUNDING

Sec. 1001. Reduction in overhead costs incurred in federally sponsored research.

Sec. 1002. Overhead expense reduction.

1 TITLE I—PUNISHING VIOLENT

2 CRIME

3 Subtitle A—Violent Felonies and

4 Drug Offenses

5 SEC. 101. LIFE IMPRISONMENT OR DEATH PENALTY FOR

6 SECOND FEDERAL VIOLENT FELONY CONVIC7 TION.

8 Section 3581 of title 18, United States Code, is

9 amended by adding at the end the following:
7

•HR 4197 IH

1 ‘‘(c) PUNISHMENT OF CERTAIN VIOLENT FELONS.—

2 ‘‘(1) GENERAL RULE.—Notwithstanding any

3 other provision of law, in the case of a conviction for

4 a Federal violent felony, the court shall sentence the

5 defendant to prison for life if the defendant has pre6 viously been convicted of another violent felony and

7 if a death results from the violent felony, the defend8 ant shall be subject to the death penalty.

9 ‘‘(2) DEFINITION.—As used in this section the

10 term ‘‘violent felony’’ is a State or Federal offense—

11 ‘‘(A) that involves the threatened use, use,

12 or the risk of use of physical force against the

13 person of another;

14 ‘‘(B) for which the maximum authorized

15 imprisonment exceeds one year; and

16 ‘‘(C) which is not designated a mis17 demeanor by the law that defines the offense.

18 ‘‘(3) RULE OF CONSTRUCTION.—This sub19 section shall not be construed to prevent the imposi20 tion of the death penalty.’’.

21 SEC. 102. DENIAL OF FEDERAL BENEFITS TO PERSONS

22 CONVICTED OF CRIMES OF VIOLENCE.

23 (a) IN GENERAL.—Any individual who is convicted

24 of any Federal or State crime of violence (as defined in

25 section 16 of title 18, United States Code, shall—
8

•HR 4197 IH

1 (1) at the discretion of the court, upon the first

2 conviction for such a crime, be ineligible for any or

3 all Federal benefits for up to 5 years after such con4 viction;

5 (2) at the discretion of the court, upon a second

6 conviction for such a crime, be ineligible for any or

7 all Federal benefits for up to 10 years after such

8 conviction; and

9 (3) upon a third or subsequent conviction for

10 such a crime, be permanently ineligible for all Fed11 eral benefits.

12 (b) DEFINITION.—As used in this section, the term

13 ‘‘Federal benefit’’ means the issuance of any grant, con14 tract, loan, professional license, or commercial licence pro15 vided by an agency of the United States or by appro16 priated funds of the United States, but does not include

17 any retirement or pension payment.

18 SEC. 103. ELIMINATION OF JUDICIAL DISCRETION IN DE19 NIAL OF FEDERAL BENEFITS IN CASES OF

20 CERTAIN DRUG OFFENSES.

21 Section 5301 of the Anti-Drug Abuse Act of 1988

22 is amended—

23 (1) in subsection (a)—

24 (A) by striking ‘‘at the discretion of the

25 court,’’ each place it appears;
9

•HR 4197 IH

1 (B) by striking ‘‘any or’’ each place it

2 appears; and

3 (C) by striking ‘‘up to’’ each place it ap4 pears; and

5 (2) in subsection (b)—

6 (A) in paragraph (1)(A), by striking ‘‘and

7 at the discretion of the court—’’ and all that

8 follows through clause (iv) of such paragraph,

9 and inserting ‘‘be ineligible for any Federal

10 benefits for one year;’’;

11 (B) in paragraph (1)(B)—

12 (i) by striking ‘‘up to’’; and

13 (ii) by striking ‘‘as determined by the

14 court’’; and

15 (C) by striking ‘‘The court shall continue’’

16 and all that follows through ‘‘under clause (i).’’.

17 SEC. 104. ENHANCED PENALTY FOR DISCHARGE OF A FIRE18 ARM DURING AND IN RELATION TO A CRIME

19 OF VIOLENCE OR DRUG TRAFFICKING CRIME.

20 Section 924(c)(1) of title 18, United States Code, is

21 amended in the 1st sentence by inserting ‘‘and if the fire22 arm is discharged, to imprisonment for 20 years’’ before

23 the period.
10

•HR 4197 IH

1 SEC. 105. MANDATORY MINIMUM PRISON SENTENCES FOR

2 THOSE WHO SELL ILLEGAL DRUGS TO MI3 NORS OR WHO USE MINORS IN DRUG TRAF4 FICKING ACTIVITIES.

5 (a) DISTRIBUTION TO PERSONS UNDER AGE 18.—

6 Section 418 of the Controlled Substances Act (21 U.S.C.

7 859) is amended—

8 (1) in subsection (a) (first offense) by inserting

9 after the second sentence ‘‘Except to the extent a

10 greater minimum sentence is otherwise provided by

11 section 401(b), a term of imprisonment under this

12 subsection in a case involving distribution to a per13 son under 18 years of age by a person 21 or more

14 years of age shall be not less than 10 years. Not15 withstanding any other provision of law, the court

16 shall not place on probation or suspend the sentence

17 of any person sentenced under the preceding sen18 tence.’’; and

19 (2) in subsection (b) (second offense) by insert20 ing after the second sentence ‘‘Except to the extent

21 a greater sentence is otherwise authorized by section

22 401(b), a term of imprisonment under this sub23 section in a case involving distribution to a person

24 under 18 years of age by a person 21 or more years

25 of age shall be a mandatory term of life imprison26 ment. Notwithstanding any other provision of law,
11

•HR 4197 IH

1 the court shall not place on probation or suspend the

2 sentence of any person sentenced under the preced3 ing sentence.’’.

4 (b) EMPLOYMENT OF PERSONS UNDER 18 YEARS OF

5 AGE.—Section 420 of the Controlled Substances Act (21

6 U.S.C. 861) is amended—

7 (1) in subsection (b) by adding at the end the

8 following: ‘‘Except to the extent a greater minimum

9 sentence is otherwise provided, a term of imprison10 ment of a person 21 or more years of age convicted

11 under this subsection shall be not less than 10 years.

12 Notwithstanding any other provision of law, the

13 court shall not place on probation or suspend the

14 sentence of any person sentenced under the preced15 ing sentence.’’; and

16 (2) in subsection (c) (penalty for second of17 fenses) by inserting after the second sentence the

18 following: ‘‘Except to the extent a greater minimum

19 sentence is otherwise provided, a term of imprison20 ment of a person 21 or more years of age convicted

21 under this subsection shall be a mandatory term of

22 life imprisonment. Notwithstanding any other provi23 sion of law, the court shall not place on probation

24 or suspend the sentence of any person sentenced

25 under the preceding sentence.’’.
12

•HR 4197 IH

1 SEC. 106. DRUG TESTING OF FEDERAL OFFENDERS ON

2 POST-CONVICTION RELEASE.

3 (a) DRUG TESTING PROGRAM.—(1) Chapter 229 of

4 title 18, United States Code, is amended by adding at the

5 end the following:

6 ‘‘§ 3608. Drug testing of Federal offenders on post7 conviction release

8 ‘‘The Director of the Administrative Office of the

9 United States Courts, in consultation with the Attorney

10 General and the Secretary of Health and Human Services,

11 shall, as soon as is practicable after the effective date of

12 this section, establish a program of drug testing of Federal

13 offenders on post-conviction release. The program shall in14 clude such standards and guidelines as the Director may

15 determine necessary to ensure the reliability and accuracy

16 of the drug testing programs. In each district where it is

17 feasible to do so, the chief probation officer shall arrange

18 for the drug testing of defendants on post-conviction re19 lease pursuant to a conviction for a felony or other offense

20 described in section 3563(a)(4) of this title.’’.

21 (2) The table of sections at the beginning of chapter

22 229 of title 18, United States Code, is amended by adding

23 at the end the following:

‘‘3608. Drug testing of Federal offenders on post-conviction release.’’.

24 (b) DRUG TESTING CONDITION FOR PROBATION.—
13

•HR 4197 IH

1 (1) Section 3563(a) of title 18, United States

2 Code, is amended—

3 (A) in paragraph (2), by striking out

4 ‘‘and’’;

5 (B) in paragraph (3), by striking out the

6 period and inserting ‘‘; and’’; and

7 (C) by adding after paragraph (3) the fol8 lowing:

9 ‘‘(4) for a felony, an offense involving a firearm

10 as defined in section 921 of this title, a drug or nar11 cotic offense as defined in section 404(c) of the Con12 trolled Substances Act (21 U.S.C. 844(c)), or a

13 crime of violence as defined in section 16 of this

14 title, that the defendant refrain from any unlawful

15 use of the controlled substance and submit to peri16 odic drug tests (as determined by the court) for use

17 of a controlled substance. This latter condition may

18 be suspended or ameliorated upon request of the Di19 rector of the Administrative Office of the United

20 States Courts, or the Director’s designee. In addi21 tion, the Court may decline to impose this condition

22 for any individual defendant, if the defendant’s

23 presentence report or other reliable sentencing infor24 mation indicates a low risk of future substance

25 abuse by the defendant. A defendant who tests posi-
14

•HR 4197 IH

1 tive may be detained pending verification of a drug

2 test result.’’.

3 (2) DRUG TESTING FOR SUPERVISED RE4 LEASE.—Section 3583(d) of title 18, United States

5 Code, is amended by inserting after the first sen6 tence the following: ‘‘For a defendant convicted of a

7 felony or other offense described in section

8 3563(a)(4) of this title, the court shall also order, as

9 an explicit condition of supervised release, that the

10 defendant refrain from any unlawful use of a con11 trolled substance and submit to periodic drug tests

12 (as determined by the court), for use of a controlled

13 substance. This latter condition may be suspended

14 or ameliorated as provided in section 3563(a)(4) of

15 this title.’’.

16 (3) DRUG TESTING IN CONNECTION WITH PA17 ROLE.—Section 4209(a) of title 18, United States

18 Code, is amended by inserting after the first sen19 tence the following: ‘‘If the parolee has been con20 victed of a felony or other offense described in sec21 tion 3563(a)(4) of this title, the Commission shall

22 also impose as a condition of parole that the parolee

23 refrain from any unlawful use of a controlled sub24 stance and submit to periodic drug tests (as deter25 mined by the Commission) for use of a controlled
15

•HR 4197 IH

1 substance. This latter condition may be suspended

2 or ameliorated as provided in section 3563(a)(4) of

3 this title.’’.

4 (c) REVOCATION OF RELEASE.—

5 (1) REVOCATION OF PROBATION.—The last

6 sentence of section 3565(a) of title 18, United

7 States Code, is amended by inserting ‘‘or unlawfully

8 uses a controlled substance or refuses to cooperate

9 in drug testing, thereby violating the condition im10 posed by section 3563(a)(4),’’ after ‘‘3563(a)(3)’’.

11 (2) REVOCATION OF SUPERVISED RELEASE.—

12 Section 3583(g) of title 18, United States Code, is

13 amended by inserting ‘‘or unlawfully uses a con14 trolled substance or refuses to cooperate in drug

15 testing imposed as a condition of supervised re16 lease,’’ after ‘‘substance’’.

17 (3) REVOCATION OF PAROLE.—Section 4214(f)

18 of title 18, United States Code, is amended by in19 serting after ‘‘substance’’ the following: ‘‘, or who

20 unlawfully uses a controlled substance or refuses to

21 cooperate in drug testing imposed as a condition of

22 parole,’’.
16

•HR 4197 IH

1 SEC. 107. STRENGTHENING THE ARMED CAREER CRIMI2 NALS ACT.

3 Section 924(e)(2)(A) of title 18, United States Code,

4 as amended by section 151 of this Act, is amended—

5 (1) in clause (ii), by striking ‘‘or’’ at the end;

6 (2) in clause (iii), by adding ‘‘or’’ at the end;

7 and

8 (3) by adding at the end the following:

9 ‘‘(iv) an offense under State law which, if

10 it had been prosecuted as a violation of the

11 Controlled Substances Act at the time of the of12 fense and because of the type and quantity of

13 the controlled substance involved, would have

14 been punishable by a maximum term of impris15 onment of 10 years or more;’’.

16 SEC. 108. MANDATORY PENALTIES FOR FIREARMS POSSES17 SION BY VIOLENT FELONS AND SERIOUS

18 DRUG OFFENDERS.

19 (a) 1 PRIOR CONVICTION.—Section 924(a)(2) of title

20 18, United States Code, is amended by inserting ‘‘, and

21 if the violation is of section 922(g)(1) by a person who

22 has a previous conviction for a violent felony (as defined

23 in subsection (e)(2)(B) of this section) or a serious drug

24 offense (as defined in subsection (e)(2)(A) of this section),

25 a sentence imposed under this paragraph shall include a
17

•HR 4197 IH

1 term of imprisonment of not less than 5 years’’ before the

2 period.

3 (b) 2 PRIOR CONVICTIONS.—Section 924 of such

4 title, as amended by sections 430 and 705(e) of this Act,

5 is amended by adding at the end the following:

6 ‘‘(l)(1) Notwithstanding subsection (a)(2) of this sec7 tion, any person who violates section 922(g) and has 2

8 previous convictions by any court referred to in section

9 922(g)(1) for a violent felony (as defined in subsection

10 (e)(2)(B) of this section) or a serious drug offense (as de11 fined in subsection (e)(2)(A) of this section) committed

12 on occasions different from one another shall be fined

13 under this title, imprisoned not less than 10 years and

14 not more than 20 years, or both.

15 ‘‘(2) Notwithstanding any other provision of law, the

16 court shall not suspend the sentence of, or grant a proba17 tionary sentence to, a person described in paragraph (1)

18 of this subsection with respect to the conviction under sec19 tion 922(g).’’.
18

•HR 4197 IH

1 SEC. 109. MANDATORY MINIMUM SENTENCE FOR UNLAW2 FUL POSSESSION OF A FIREARM BY CON3 VICTED FELON, FUGITIVE FROM JUSTICE, OR

4 TRANSFEROR OR RECEIVER OF STOLEN

5 FIREARM.

6 Section 924(a) of title 18, United States Code, is

7 amended by adding at the end the following:

8 ‘‘(6) Whoever knowingly possesses a firearm in viola9 tion of paragraph (1) or (2) of section 922(g), or in viola10 tion of subsection (i) or (j), shall be imprisoned not less

11 than 5 years. Notwithstanding any other provision of law,

12 the court shall not impose a probationary sentence on, or

13 suspend the sentence of, any person convicted under this

14 paragraph, nor shall the term of imprisonment imposed

15 under this paragraph run concurrently with any other

16 term of imprisonment imposed under any other provision

17 of law.’’.

18 SEC. 110. INCREASE IN GENERAL PENALTY FOR VIOLATION

19 OF FEDERAL FIREARMS LAWS.

20 Section 924(a)(1) of title 18, United States Code, is

21 amended—

22 (1) by striking ‘‘not more than $5,000’’ and in23 serting ‘‘under this title’’; and

24 (2) by striking ‘‘five’’ and inserting ‘‘10’’.
19

•HR 4197 IH

1 SEC. 111. INCREASE IN ENHANCED PENALTIES FOR POS2 SESSION OF FIREARM IN CONNECTION WITH

3 CRIME OF VIOLENCE OR DRUG TRAFFICKING

4 CRIME.

5 Section 924(c)(1) of title 18, United States Code, is

6 amended—

7 (1) by striking ‘‘five’’ and inserting ‘‘10’’; and

8 (2) by striking ‘‘twenty’’ and inserting ‘‘30’’.

9 SEC. 112. SMUGGLING FIREARMS IN AID OF DRUG TRAF10 FICKING OR VIOLENT CRIME.

11 Section 924 of title 18, United States Code, as

12 amended by sections 430, 705(e), and 714(b) of this Act,

13 is amended by adding at the end the following:

14 ‘‘(m) Whoever, with the intent to engage in or to pro15 mote conduct which—

16 ‘‘(1) is punishable under the Controlled Sub17 stances Act (21 U.S.C. 801 et seq.), the Controlled

18 Substances Import and Export Act (21 U.S.C. 951

19 et seq.), or the Maritime Drug Law Enforcement

20 Act (46 U.S.C. App. 1901 et seq.);

21 ‘‘(2) violates any law of a State relating to any

22 controlled substance (as defined in section 102 of

23 the Controlled Substances Act (21 U.S.C. 802)); or

24 ‘‘(3) constitutes a crime of violence (as defined

25 in subsection (c)(3) of this section;
20

•HR 4197 IH

1 smuggles or knowingly brings into the United States a

2 firearm, or attempts to do so, shall be imprisoned for not

3 more than 10 years, fined under this title, or both.’’.

4 SEC. 113. DEFINITION OF CONVICTION UNDER CHAPTER 44.

5 Section 921(a)(20) of title 18, United States Code,

6 is amended in the 3rd sentence by inserting ‘‘(other than

7 for a violent felony (as defined in section 924(e)(2)(B))

8 involving the threatened or actual use of a firearm or ex9 plosive, or for a serious drug offense (as defined in section

10 924(e)(2)(A)))’’ after ‘‘Any conviction’’.

11 SEC. 114. DEFINITION OF SERIOUS DRUG OFFENSE UNDER

12 THE ARMED CAREER CRIMINAL ACT.

13 Section 924(e)(2)(A) of title 18, United States Code,

14 as amended by sections 151 and 713 of this Act, is amend15 ed—

16 (1) by striking ‘‘or’’ at the end of clause (iii);

17 (2) by inserting ‘‘or’’ at the end of clause (iv);

18 and

19 (3) by adding at the end the following:

20 ‘‘(v) an offense under State law that, if it were

21 prosecuted as a violation of the Controlled Sub22 stances Act (21 U.S.C. 801 et seq.) as that Act pro23 vided at the time of the offense, would be punishable

24 by a maximum term of imprisonment of 10 years or

25 more;’’.
21

•HR 4197 IH

1 SEC. 115. DEFINITION OF BURGLARY UNDER THE ARMED

2 CAREER CRIMINAL ACT.

3 Section 924(e)(2) of title 18, United States Code, is

4 amended—

5 (1) by striking ‘‘and’’ at the end of subpara6 graph (B);

7 (2) by striking the period at the end of sub8 paragraph (C) and inserting ‘‘; and’’; and

9 (3) by adding at the end the following:

10 ‘‘(D) the term ‘burglary’ means a crime that—

11 ‘‘(i) consists of entering or remaining sur12 reptitiously in a building that is the property of

13 another person with intent to engage in conduct

14 constituting a Federal or State offense; and

15 ‘‘(ii) is punishable by a term of imprison16 ment exceeding 1 year.’’.

17 SEC. 116. TEMPORARY PROHIBITION AGAINST POSSESSION

18 OF A FIREARM BY, OR TRANSFER OF A FIRE19 ARM TO, PERSONS CONVICTED OF A DRUG

20 CRIME.

21 (a) TEMPORARY PROHIBITION.—Section 922 of title

22 18, United States Code, is amended by adding at the end

23 the following:

24 ‘‘(v)(1)(A) Except as provided in paragraph (2), it

25 shall be unlawful for any individual who has been con-
22

•HR 4197 IH

1 victed in any court of a drug crime to possess a firearm

2 during the period described in subparagraph (B).

3 ‘‘(B) The period described in this subparagraph is the

4 period that begins with the date the individual committed

5 the drug crime and ends 5 years after the most recent

6 date (occurring after the commission of such crime) on

7 which the individual has committed a drug crime or has

8 violated any Federal or State law relating to firearms.

9 ‘‘(2) Paragraph (1) shall not apply with respect to

10 convictions occurring on or before the date of the enact11 ment of this subsection.

12 ‘‘(w)(1)(A) Except as provided in paragraph (2), it

13 shall be unlawful for any person to transfer a firearm to

14 any individual knowing or having reasonable cause to be15 lieve that the individual is under indictment for a drug

16 crime.

17 ‘‘(B)(i) Except as provided in paragraph (2), it shall

18 be unlawful for any person, during the period described

19 in clause (ii), to transfer a firearm to any individual know20 ing or having reasonable cause to believe that the individ21 ual has been convicted in any court of a drug crime.

22 ‘‘(ii) The period described in this clause is the period

23 that begins with the date the individual committed the

24 drug crime and ends 5 years after the most recent date

25 (occurring after the commission of such crime) on which
23

•HR 4197 IH

1 the individual has committed a drug crime or has violated

2 any Federal or State law relating to firearms.

3 ‘‘(2) The second sentence of subsection (d) shall

4 apply in like manner to paragraph (1) of this subsection.’’.

5 (b) PENALTY.—Section 924(a)(1)(B) of such title is

6 amended by striking ‘‘or (q)’’ and inserting ‘‘(r), (v)(1),

7 or (w)(1)’’.

8 (c) ENHANCED PENALTIES FOR POSSESSION OF A

9 FIREARM DURING A DRUG CRIME.—Section 924 of such

10 title, as amended by sections 430, 705(e), 714(b), and 718

11 of this Act, is amended by adding at the end the following:

12 ‘‘(n) Whoever, during and in relation to a drug crime

13 (including a drug crime which provides for an enhanced

14 punishment if committed by the use of a deadly or dan15 gerous weapon or device) for which he may be prosecuted

16 in a court of the United States, possesses a firearm, in

17 addition to the punishment provided for such drug crime,

18 may be sentenced to imprisonment for not less than 15

19 days and not more than 2 years, and shall be fined not

20 less than $2,500 and not more than $10,000, and if the

21 firearm is a machine gun, or is equipped with a firearm

22 silencer or firearm muffler, shall be sentenced to imprison23 ment for 15 years. In the case of a second or subsequent

24 conviction under this subsection, such person shall be sen25 tenced to imprisonment for not less than 15 days and not
24

•HR 4197 IH

1 more than 2 years, and shall be fined not less than $2,500

2 and not more than $10,000, and if the firearm is a ma3 chine gun, or is equipped with a firearm silencer or fire4 arm muffler, shall be sentenced to imprisonment for 30

5 years. Notwithstanding any other provision of law, the

6 court shall not impose a probationary sentence on, or sus7 pend the sentence of, any person convicted of a violation

8 of this subsection, nor shall the term of imprisonment im9 posed under this subsection run concurrently with any

10 other term of imprisonment including that imposed for the

11 drug crime in which the firearm was possessed.’’.

12 (d) DEFINITION OF DRUG CRIME.—Section 921(a)

13 of such title is amended by adding at the end the follow14 ing:

15 ‘‘(30) The term ‘drug crime’ means any offense

16 (other than a drug trafficking crime) punishable by im17 prisonment under—

18 ‘‘(A) any Act specified in section 924(c)(2); or

19 ‘‘(B) any State law involving the possession,

20 distribution, or manufacture of a controlled sub21 stance (as defined in section 102 of the Controlled

22 Substances Act).’’.

23 Subtitle B—Capital Offenses

24 SEC. 121. PROCEDURES FOR ENFORCING DEATH PENALTY.

25 Title 18 of the United States Code is amended—
25

•HR 4197 IH

1 (1) by adding the following new chapter after

2 chapter 227:

3 ‘‘CHAPTER 228—DEATH PENALTY

4 PROCEDURES

‘‘Sec.

‘‘3591. Sentence of death.

‘‘3592. Factors to be considered in determining whether a sentence of death is

justified.

‘‘3593. Special hearing to determine whether a sentence of death is justified.

‘‘3594. Imposition of a sentence of death.

‘‘3595. Review of a sentence of death.

‘‘3596. Implementation of a sentence of death.

‘‘3597. Use of State facilities.

‘‘3598. Appointment of counsel.

‘‘3599. Collateral attack on judgment imposing sentence of death.

‘‘3600. Application in Indian country.

5 ‘‘§ 3591. Sentence of death

6 ‘‘A defendant who has been found guilty of—

7 ‘‘(1) an offense described in section 794 or sec8 tion 2381 of this title;

9 ‘‘(2) an offense described in section 1751(c) of

10 this title if the offense, as determined beyond a rea11 sonable doubt at a hearing under section 3593, con12 stitutes an attempt to murder the President of the

13 United States and results in bodily injury to the

14 President or comes dangerously close to causing the

15 death of the President;

16 ‘‘(3) an offense referred to in section 408(c)(1)

17 of the Controlled Substances Act (21 U.S.C.

18 848(c)(1)), committed as part of a continuing crimi19 nal enterprise offense under the conditions described
26

•HR 4197 IH

1 in subsection (b) of that section which involved not

2 less than twice the quantity of controlled substance

3 described in subsection (b)(2)(A) or twice the gross

4 receipts described in subsection (b)(2)(B);

5 ‘‘(4) an offense referred to in section 408(c)(1)

6 of the Controlled Substances Act (21 U.S.C.

7 848(c)(1)), committed as part of a continuing crimi8 nal enterprise offense under that section, where the

9 defendant is a principal administrator, organizer, or

10 leader of such an enterprise, and the defendant, in

11 order to obstruct the investigation or prosecution of

12 the enterprise or an offense involved in the enter13 prise, attempts to kill or knowingly directs, advises,

14 authorizes, or assists another to attempt to kill any

15 public officer, juror, witness, or members of the fam16 ily or household of such a person;

17 ‘‘(5) an offense constituting a felony violation of

18 the Controlled Substances Act (21 U.S.C. 801 et

19 seq.) or the Controlled Substances Import and Ex20 port Act (21 U.S.C. 951 et seq.), or the Maritime

21 Drug Law Enforcement Act (46 U.S.C. App. 1901

22 et seq.), where the defendant, intending to cause

23 death or acting with reckless disregard for human

24 life, engages in such a violation, and the death of

25 another person results in the course of the violation
27

•HR 4197 IH

1 or from the use of the controlled substance involved

2 in the violation; or

3 ‘‘(6) any other offense for which a sentence of

4 death is provided, if the defendant, as determined

5 beyond a reasonable doubt at a hearing under sec6 tion 3593, caused the death of a person inten7 tionally, knowingly, or through recklessness mani8 festing extreme indifference to human life, or caused

9 the death of a person through the intentional inflic10 tion of serious bodily injury;

11 shall be sentenced to death if, after consideration of the

12 factors set forth in section 3592 in the course of a hearing

13 held pursuant to section 3593, it is determined that impo14 sition of a sentence of death is justified. However, no per15 son may be sentenced to death who was less than eighteen

16 years of age at the time of the offense.

17 ‘‘§ 3592. Factors to be considered in determining

18 whether to recommend a sentence of

19 death

20 ‘‘(a) MITIGATING FACTORS.—In determining wheth21 er to recommend a sentence of death, the jury, or if there

22 is no jury, the court, shall consider whether any aspect

23 of the defendant’s character, background, or record, or

24 any circumstance of the offense that the defendant may
28

•HR 4197 IH

1 proffer as a mitigating factor exists, including the follow2 ing:

3 ‘‘(1) MENTAL CAPACITY.—The defendant’s

4 mental capacity to appreciate the wrongfulness of

5 his conduct or to conform his conduct to the require6 ments of law was significantly impaired.

7 ‘‘(2) DURESS.—The defendant was under un8 usual and substantial duress.

9 ‘‘(3) PARTICIPATION IN OFFENSE MINOR.—The

10 defendant’s participation in the offense, which was

11 committed by another, was relatively minor.

12 ‘‘(4) NO SIGNIFICANT CRIMINAL HISTORY.—

13 The defendant did not have a significant history of

14 other criminal conduct.

15 ‘‘(5) DISTURBANCE.—The defendant committed

16 the offense under severe mental or emotional dis17 turbance.

18 ‘‘(6) VICTIM’S CONSENT.—The victim consented

19 to the criminal conduct that resulted in the victim’s

20 death.

21 ‘‘(b) AGGRAVATING FACTORS FOR ESPIONAGE AND

22 TREASON.—In determining whether to recommend a sen23 tence of death for an offense described in section 3591(1),

24 the jury, or if there is no jury, the court, shall consider

25 any aggravating factor for which notice has been provided
29

•HR 4197 IH

1 under section 3593 of this title, including the following

2 factors:

3 ‘‘(1) PREVIOUS ESPIONAGE OR TREASON CON4 VICTION.—The defendant has previously been con5 victed of another offense involving espionage or trea6 son for which a sentence of life imprisonment or

7 death was authorized by statute.

8 ‘‘(2) RISK OF SUBSTANTIAL DANGER TO NA9 TIONAL SECURITY.—In the commission of the of10 fense the defendant knowingly created a grave risk

11 to the national security.

12 ‘‘(3) RISK OF DEATH TO ANOTHER.—In the

13 commission of the offense the defendant knowingly

14 created a grave risk of death to another person.

15 ‘‘(c) AGGRAVATING FACTORS FOR HOMICIDE AND

16 FOR ATTEMPTED MURDER OF THE PRESIDENT.—In de17 termining whether to recommend a sentence of death for

18 an offense described in paragraph (2) or (6) of section

19 3591 of this title, the jury, or if there is no jury, the court,

20 shall consider any aggravating factor for which notice has

21 been provided under section 3593 of this title, including

22 the following factors:

23 ‘‘(1) CONDUCT OCCURRED DURING COMMISSION

24 OF SPECIFIED CRIMES.—The conduct resulting in

25 death occurred during the commission or attempted
30

•HR 4197 IH

1 commission of, or during the immediate flight from

2 the commission of, an offense under section 32 (de3 struction of aircraft or aircraft facilities), section 33

4 (destruction of motor vehicles or motor vehicle facili5 ties), section 36 (violence at international airports),

6 section 351 (violence against Members of Congress,

7 Cabinet officers, or Supreme Court Justices), section

8 751 (prisoners in custody of institution or officer),

9 section 794 (gathering or delivering defense informa10 tion to aid foreign government), section 844(d)

11 (transportation of explosives in interstate commerce

12 for certain purposes), section 844(f) (destruction of

13 Government property by explosives), section 844(i)

14 (destruction of property affecting interstate com15 merce by explosives), section 1116 (killing or at16 tempted killing of diplomats), section 1118 (pris17 oners serving life term), section 1201 (kidnapping),

18 section 1203 (hostage taking), section 1751 (violence

19 against the President or Presidential staff), section

20 1992 (wrecking trains), chapter 109A (sexual

21 abuse), chapter 110 (sexual abuse of children), sec22 tion 2261 (domestic violence and stalking) section

23 2280 (maritime violence), section 2281 (maritime

24 platform violence), section 2332 (terrorist acts

25 abroad against United States nationals), section
31

•HR 4197 IH

1 2339 (use of weapons of mass destruction), section

2 2381 (treason), or section 2423 (transportation of

3 minors for sexual activity) of this title, section 1826

4 of title 28 (persons in custody as recalcitrant wit5 nesses or hospitalized following insanity acquittal),

6 or section 902 (i) or (n) of the Federal Aviation Act

7 of 1958, as amended (49 U.S.C. App. 1472 (i) or

8 (n) (aircraft piracy)).

9 ‘‘(2) INVOLVEMENT OF FIREARM OR PREVIOUS

10 CONVICTION OF VIOLENT FELONY INVOLVING FIRE11 ARM.—The defendant—

12 ‘‘(A) during and in relation to the commis13 sion of the offense or in escaping or attempting

14 to escape apprehension used or possessed a fire15 arm as defined in section 921 of this title; or

16 ‘‘(B) has previously been convicted of a

17 Federal or State offense punishable by a term

18 of imprisonment of more than one year, involv19 ing the use or attempted or threatened use of

20 a firearm, as defined in section 921 of this title,

21 against another person.

22 ‘‘(3) PREVIOUS CONVICTION OF OFFENSE FOR

23 WHICH A SENTENCE OF DEATH OR LIFE IMPRISON24 MENT WAS AUTHORIZED.—The defendant has pre25 viously been convicted of another Federal or State
32

•HR 4197 IH

1 offense resulting in the death of a person, for which

2 a sentence of life imprisonment or death was author3 ized by statute.

4 ‘‘(4) PREVIOUS CONVICTION OF OTHER SERI5 OUS OFFENSES.—The defendant has previously been

6 convicted of two or more Federal or State offenses,

7 each punishable by a term of imprisonment of more

8 than one year, committed on different occasions, in9 volving the importation, manufacture, or distribution

10 of a controlled substance (as defined in section 102

11 of the Controlled Substances Act (21 U.S.C. 802))

12 or the infliction of, or attempted infliction of, serious

13 bodily injury or death upon another person.

14 ‘‘(5) GRAVE RISK OF DEATH TO ADDITIONAL

15 PERSONS.—The defendant, in the commission of the

16 offense or in escaping or attempting to escape ap17 prehension, knowingly created a grave risk of death

18 to one or more persons in addition to the victim of

19 the offense.

20 ‘‘(6) HEINOUS, CRUEL OR DEPRAVED MANNER

21 OF COMMISSION.—The defendant committed the of22 fense in an especially heinous, cruel, or depraved

23 manner in that it involved torture or serious physical

24 abuse to the victim.
33

•HR 4197 IH

1 ‘‘(7) PROCUREMENT OF OFFENSE BY PAY2 MENT.—The defendant procured the commission of

3 the offense by payment, or promise of payment, of

4 anything of pecuniary value.

5 ‘‘(8) COMMISSION OF THE OFFENSE FOR PECU6 NIARY GAIN.—The defendant committed the offense

7 as consideration for the receipt, or in the expectation

8 of the receipt, of anything of pecuniary value.

9 ‘‘(9) SUBSTANTIAL PLANNING AND

10 PREMEDITATION.—The defendant committed the of11 fense after substantial planning and premeditation.

12 ‘‘(10) VULNERABILITY OF VICTIM.—The victim

13 was particularly vulnerable due to old age, youth, or

14 infirmity.

15 ‘‘(11) TYPE OF VICTIM.—The defendant com16 mitted the offense against—

17 ‘‘(A) the President of the United States,

18 the President-elect, the Vice President, the Vice

19 President-elect, the Vice President-designate,

20 or, if there was no Vice President, the officer

21 next in order of succession to the office of the

22 President of the United States, or any person

23 acting as President under the Constitution and

24 laws of the United States;
34

•HR 4197 IH

1 ‘‘(B) a chief of state, head of government,

2 or the political equivalent, of a foreign nation;

3 ‘‘(C) a foreign official listed in section

4 1116(b)(3)(A) of this title, if that official was

5 in the United States on official business; or

6 ‘‘(D) a Federal public servant who was

7 outside of the United States or who was a Fed8 eral judge, a Federal law enforcement officer,

9 an employee (including a volunteer or contract

10 employee) of a Federal prison, or an official of

11 the Federal Bureau of Prisons—

12 ‘‘(i) while such public servant was en13 gaged in the performance of his official du14 ties;

15 ‘‘(ii) because of the performance of

16 such public servant’s official duties; or

17 ‘‘(iii) because of such public servant’s

18 status as a public servant.

19 For purposes of this paragraph, the terms ‘Presi20 dent-elect’ and ‘Vice President-elect’ mean such per21 sons as are the apparent successful candidates for

22 the offices of President and Vice President, respec23 tively, as ascertained from the results of the general

24 elections held to determine the electors of President

25 and Vice President in accordance with title 3,
35

•HR 4197 IH

1 United States Code, sections 1 and 2; a ‘Federal law

2 enforcement officer’ is a public servant authorized

3 by law or by a Government agency or Congress to

4 conduct or engage in the prevention, investigation,

5 or prosecution of an offense; ‘Federal prison’ means

6 a Federal correctional, detention, or penal facility,

7 Federal community treatment center, or Federal

8 halfway house, or any such prison operated under

9 contract with the Federal Government; and ‘Federal

10 judge’ means any judicial officer of the United

11 States, and includes a justice of the Supreme Court

12 and a United States magistrate judge.

13 ‘‘(12) PRIOR CONVICTION OF SEXUAL ASSAULT

14 OR CHILD MOLESTATION.—

15 ‘‘(A) IN GENERAL.—In the case of an of16 fense under chapter 109A (sexual abuse) or

17 chapter 110 (sexual abuse of children), the de18 fendant has previously been convicted of a

19 crime of sexual assault or crime of child moles20 tation.

21 ‘‘(B) DEFINITIONS.—As used in this para22 graph—

23 ‘‘(i) the term ‘crime of sexual assault’

24 means a crime under Federal or State law

25 that involves—
36

•HR 4197 IH

1 ‘‘(I) contact between any part of

2 the defendant’s body or an object and

3 the genitals or anus of another per4 son, without the consent of that per5 son;

6 ‘‘(II) contact between the geni7 tals or anus of the defendant and any

8 part of the body of another person,

9 without the consent of that person;

10 ‘‘(III) deriving sexual pleasure or

11 gratification from the infliction of

12 death, bodily injury, or physical pain

13 on another person; or

14 ‘‘(IV) an attempt or conspiracy

15 to engage in any conduct described in

16 subclauses (I) through (III) of this

17 clause;

18 ‘‘(ii) the term ‘crime of child molesta19 tion’ means a crime of sexual assault in

20 which a child was the victim of the assault,

21 and for the purposes of this clause, a child

22 shall be considered not to have consented

23 to any of the contact referred to in clause

24 (i); and
37

•HR 4197 IH

1 ‘‘(iii) the term ‘child’ means a person

2 below the age of 14 years.’’.

3 ‘‘(d) AGGRAVATING FACTORS FOR DRUG OFFENSE

4 DEATH PENALTY.—In determining whether to rec5 ommend a sentence of death for an offense described in

6 paragraph (3), (4), or (5) of section 3591, the jury, or

7 if there is no jury, the court, shall consider any aggravat8 ing factor for which notice has been provided under section

9 3593 of this title, including the following factors:

10 ‘‘(1) PREVIOUS CONVICTION OF OFFENSE FOR

11 WHICH A SENTENCE OF DEATH OR LIFE IMPRISON12 MENT WAS AUTHORIZED.—The defendant has pre13 viously been convicted of another Federal or State

14 offense resulting in the death of a person, for which

15 a sentence of life imprisonment or death was author16 ized by statute.

17 ‘‘(2) PREVIOUS CONVICTION OF OTHER SERI18 OUS OFFENSES.—The defendant has previously been

19 convicted of two or more Federal or State offenses,

20 each punishable by a term of imprisonment of more

21 than one year, committed on different occasions, in22 volving the importation, manufacture, or distribution

23 of a controlled substance (as defined in section 102

24 of the Controlled Substances Act (21 U.S.C. 802))
38

•HR 4197 IH

1 or the infliction of, or attempted infliction of, serious

2 bodily injury or death upon another person.

3 ‘‘(3) PREVIOUS SERIOUS DRUG FELONY CONVIC4 TION.—The defendant has previously been convicted

5 of another Federal or State offense involving the

6 manufacture, distribution, importation, or possession

7 of a controlled substance (as defined in section 102

8 of the Controlled Substances Act (21 U.S.C. 802))

9 for which a sentence of five or more years of impris10 onment was authorized by statute.

11 ‘‘(4) USE OF FIREARM.—In committing the of12 fense, or in furtherance of a continuing criminal en13 terprise of which the offense was a part, the defend14 ant used a firearm or knowingly directed, advised,

15 authorized, or assisted another to use a firearm, as

16 defined in section 921 of this title, to threaten, in17 timidate, assault, or injure a person.

18 ‘‘(5) DISTRIBUTION TO PERSONS UNDER TWEN19 TY-ONE.—The offense, or a continuing criminal en20 terprise of which the offense was a part, involved

21 conduct proscribed by section 418 of the Controlled

22 Substances Act which was committed directly by the

23 defendant or for which the defendant would be liable

24 under section 2 of this title.
39

•HR 4197 IH

1 ‘‘(6) DISTRIBUTION NEAR SCHOOLS.—The of2 fense, or a continuing criminal enterprise of which

3 the offense was a part, involved conduct proscribed

4 by section 419 of the Controlled Substances Act

5 which was committed directly by the defendant or

6 for which the defendant would be liable under sec7 tion 2 of this title.

8 ‘‘(7) USING MINORS IN TRAFFICKING.—The of9 fense or a continuing criminal enterprise of which

10 the offense was a part, involved conduct proscribed

11 by section 420 of the Controlled Substances Act

12 which was committed directly by the defendant or

13 for which the defendant would be liable under sec14 tion 2 of this title.

15 ‘‘(8) LETHAL ADULTERANT.—The offense in16 volved the importation, manufacture, or distribution

17 of a controlled substance (as defined in section 102

18 of the Controlled Substances Act (21 U.S.C. 802)),

19 mixed with a potentially lethal adulterant, and the

20 defendant was aware of the presence of the

21 adulterant.

22 ‘‘§ 3593. Special hearing to determine whether to rec23 ommend a sentence of death

24 ‘‘(a) NOTICE BY THE GOVERNMENT.—Whenever the

25 Government intends to seek the death penalty for an of-
40

•HR 4197 IH

1 fense described in section 3591, the attorney for the Gov2 ernment shall file with the court and serve on the defend3 ant a notice of such intent. The notice shall be provided

4 a reasonable time before the trial or acceptance of a guilty

5 plea, or at such later time before trial as the court may

6 permit for good cause. If the court permits a late filing

7 of the notice upon a showing of good cause, the court shall

8 ensure that the defendant has adequate time to prepare

9 for trial. The notice shall set forth the aggravating factor

10 or factors the Government will seek to prove as the basis

11 for the death penalty. The factors for which notice is pro12 vided under this subsection may include factors concerning

13 the effect of the offense on the victim and the victim’s

14 family. The court may permit the attorney for the Govern15 ment to amend the notice upon a showing of good cause.

16 ‘‘(b) HEARING BEFORE A COURT OR JURY.—When

17 the attorney for the Government has filed a notice as re18 quired under subsection (a) and the defendant is found

19 guilty of an offense described in section 3591, the judge

20 who presided at the trial or before whom the guilty plea

21 was entered, or another judge if that judge is unavailable,

22 shall conduct a separate sentencing hearing to determine

23 the punishment to be imposed. Prior to such a hearing,

24 no presentence report shall be prepared by the United

25 States Probation Service, notwithstanding the provisions
41

•HR 4197 IH

1 of the Federal Rules of Criminal Procedure. The hearing

2 shall be conducted—

3 ‘‘(1) before the jury that determined the de4 fendant’s guilt;

5 ‘‘(2) before a jury impaneled for the purpose of

6 the hearing if—

7 ‘‘(A) the defendant was convicted upon a

8 plea of guilty;

9 ‘‘(B) the defendant was convicted after a

10 trial before the court sitting without a jury;

11 ‘‘(C) the jury that determined the defend12 ant’s guilt was discharged for good cause; or

13 ‘‘(D) after initial imposition of a sentence

14 under this section, reconsideration of the sen15 tence under the section is necessary; or

16 ‘‘(3) before the court alone, upon motion of the

17 defendant and with the approval of the attorney for

18 the Government.

19 A jury impaneled pursuant to paragraph (2) shall consist

20 of twelve members, unless, at any time before the conclu21 sion of the hearing, the parties stipulate, with the approval

22 of the court, that it shall consist of a lesser number.

23 ‘‘(c) PROOF OF MITIGATING AND AGGRAVATING FAC24 TORS.—At the hearing, information may be presented as

25 to—
42

•HR 4197 IH

1 ‘‘(1) any matter relating to any mitigating fac2 tor listed in section 3592 and any other mitigating

3 factor; and

4 ‘‘(2) any matter relating to any aggravating

5 factor listed in section 3592 for which notice has

6 been provided under subsection (a) and (if informa7 tion is presented relating to such a listed factor) any

8 other aggravating factor for which notice has been

9 so provided.

10 The information presented may include the trial transcript

11 and exhibits. Any other information relevant to such miti12 gating or aggravating factors may be presented by either

13 the Government or the defendant. The information pre14 sented by the Government in support of factors concerning

15 the effect of the offense on the victim and the victim’s

16 family may include oral testimony, a victim impact state17 ment that identifies the victim of the offense and the na18 ture and extent of harm and loss suffered by the victim

19 and the victim’s family, and other relevant information.

20 Information is admissible regardless of its admissibility

21 under the rules governing admission of evidence at crimi22 nal trials, except that information may be excluded if its

23 probative value is outweighed by the danger of creating

24 unfair prejudice, confusing the issues, or misleading the

25 jury. The attorney for the Government and for the defend-
43

•HR 4197 IH

1 ant shall be permitted to rebut any information received

2 at the hearing, and shall be given fair opportunity to

3 present argument as to the adequacy of the information

4 to establish the existence of any aggravating or mitigating

5 factor, and as to the appropriateness in that case of im6 posing a sentence of death. The attorney for the Govern7 ment shall open the argument. The defendant shall be per8 mitted to reply. The Government shall then be permitted

9 to reply in rebuttal. The burden of establishing the exist10 ence of an aggravating factor is on the Government, and

11 is not satisfied unless the existence of such a factor is es12 tablished beyond a reasonable doubt. The burden of estab13 lishing the existence of any mitigating factor is on the de14 fendant, and is not satisfied unless the existence of such

15 a factor is established by a preponderance of the evidence.

16 ‘‘(d) FINDINGS OF AGGRAVATING AND MITIGATING

17 FACTORS.—The jury shall return special findings identify18 ing any aggravating factor or factors for which notice has

19 been provided under subsection (a) of this section and

20 which the jury unanimously determines have been estab21 lished by the Government beyond a reasonable doubt. A

22 mitigating factor is established if the defendant has prov23 en its existence by a preponderance of the evidence, and

24 any member of the jury who finds the existence of such

25 a factor may regard it as established for purposes of this
44

•HR 4197 IH

1 section regardless of the number of jurors who concur that

2 the factor has been established.

3 ‘‘(e) RETURN OF A FINDING CONCERNING A SEN4 TENCE OF DEATH.—If an aggravating factor required to

5 be considered under section 3592 is found to exist, the

6 jury, or if there is no jury, the court, shall then consider

7 whether the aggravating factor or factors found to exist

8 under subsection (d) outweigh any mitigating factor or

9 factors. The jury, or if there is no jury, the court shall

10 recommend a sentence of death if it unanimously finds at

11 least one aggravating factor and no mitigating factor or

12 if it finds one or more aggravating factors which outweigh

13 any mitigating factors. In any other case, it shall not rec14 ommend a sentence of death. The jury shall be instructed

15 that it must avoid any influence of sympathy, sentiment,

16 passion, prejudice, or other arbitrary factors in its deci17 sion, and should make such a recommendation as the in18 formation warrants.

19 ‘‘(f) SPECIAL PRECAUTION TO ASSURE AGAINST DIS20 CRIMINATION.—In a hearing held before a jury, the court,

21 prior to the return of a finding under subsection (e), shall

22 instruct the jury that, in considering whether to rec23 ommend a sentence of death, it shall not be influenced

24 by prejudice or bias relating to the race, color, religion,

25 national origin, or sex of the defendant or of any victim
45

•HR 4197 IH

1 and that the jury is not to recommend a sentence of death

2 unless it has concluded that it would recommend a sen3 tence of death for the crime in question regardless of the

4 race, color, religion, national origin, or sex of the defend5 ant or of any victim. The jury, upon return of a finding

6 under subsection (e), shall also return to the court a cer7 tificate, signed by each juror, that prejudice or bias relat8 ing to the race, color, religion, national origin, or sex of

9 the defendant or any victim did not affect the juror’s indi10 vidual decision and that the individual juror would have

11 recommended the same sentence for the crime in question

12 regardless of the race, color, religion, national origin, or

13 sex of the defendant or any victim.

14 ‘‘§ 3594. Imposition of a sentence of death

15 ‘‘Upon the recommendation under section 3593(e)

16 that a sentence of death be imposed, the court shall sen17 tence the defendant to death. Otherwise the court shall

18 impose a sentence, other than death, authorized by law.

19 Notwithstanding any other provision of law, if the maxi20 mum term of imprisonment for the offense is life imprison21 ment, the court may impose a sentence of life imprison22 ment without the possibility of release.

23 ‘‘§ 3595. Review of a sentence of death

24 ‘‘(a) APPEAL.—In a case in which a sentence of death

25 is imposed, the sentence shall be subject to review by the
46

•HR 4197 IH

1 court of appeals upon appeal by the defendant. Notice of

2 appeal of the sentence must be filed within the time speci3 fied for the filing of a notice of appeal of the judgment

4 of conviction. An appeal of the sentence under this section

5 may be consolidated with an appeal of the judgment of

6 conviction and shall have priority over all other non-capital

7 matters in the court of appeals.

8 ‘‘(b) REVIEW.—The court of appeals shall review the

9 entire record in the case, including—

10 ‘‘(1) the evidence submitted during the trial;

11 ‘‘(2) the information submitted during the sen12 tencing hearing;

13 ‘‘(3) the procedures employed in the sentencing

14 hearing; and

15 ‘‘(4) the special findings returned under section

16 3593(d).

17 ‘‘(c) DECISION AND DISPOSITION.—

18 ‘‘(1) If the court of appeals determines that—

19 ‘‘(A) the sentence of death was not im20 posed under the influence of passion, prejudice,

21 or any other arbitrary factor;

22 ‘‘(B) the evidence and information support

23 the special findings of the existence of an ag24 gravating factor or factors; and
47

•HR 4197 IH

1 ‘‘(C) the proceedings did not involve any

2 other prejudicial error requiring reversal of the

3 sentence that was properly preserved for and

4 raised on appeal;

5 it shall affirm the sentence.

6 ‘‘(2) In any other case, the court of appeals

7 shall remand the case for reconsideration under sec8 tion 3593 or for imposition of another authorized

9 sentence as appropriate, except that the court shall

10 not reverse a sentence of death on the ground that

11 an aggravating factor was invalid or was not sup12 ported by the evidence and information if at least

13 one aggravating factor required to be considered

14 under section 3592 remains which was found to

15 exist and the court, on the basis of the evidence sub16 mitted at trial and the information submitted at the

17 sentencing hearing, finds no mitigating factor or

18 finds that the remaining aggravating factor or fac19 tors which were found to exist outweigh any mitigat20 ing factors.

21 ‘‘(3) The court of appeals shall state in writing

22 the reasons for its disposition of an appeal of a sen23 tence of death under this section.
48

•HR 4197 IH

1 ‘‘§ 3596. Implementation of a sentence of death

2 ‘‘(a) IN GENERAL.—A person sentenced to death

3 under this chapter shall be committed to the custody of

4 the Attorney General until exhaustion of the procedures

5 for appeal of the judgment of conviction and review of the

6 sentence. When the sentence is to be implemented, the At7 torney General shall release the person sentenced to death

8 to the custody of a United States Marshal. The Marshal

9 shall supervise implementation of the sentence in the man10 ner prescribed by the law of the State in which the sen11 tence is imposed, or in the manner prescribed by the law

12 of another State designated by the court if the law of the

13 State in which the sentence was imposed does not provide

14 for implementation of a sentence of death.

15 ‘‘(b) SPECIAL BARS TO EXECUTION.—A sentence of

16 death shall not be carried out upon a person who lacks

17 the mental capacity to understand the death penalty and

18 why it was imposed on that person, or upon a woman while

19 she is pregnant.

20 ‘‘(c) PERSONS MAY DECLINE TO PARTICIPATE.—No

21 employee of any State department of corrections, the Fed22 eral Bureau of Prisons, or the United States Marshals

23 Service, and no person providing services to that depart24 ment, bureau, or service under contract shall be required,

25 as a condition of that employment or contractual obliga26 tion, to be in attendance at or to participate in any execu-
49

•HR 4197 IH

1 tion carried out under this section if such participation

2 is contrary to the moral or religious convictions of the em3 ployee. For purposes of this subsection, the term ‘partici4 pate in any execution’ includes personal preparation of the

5 condemned individual and the apparatus used for the exe6 cution, and supervision of the activities of other personnel

7 in carrying out such activities.

8 ‘‘§ 3597. Use of State facilities

9 ‘‘A United States Marshal charged with supervising

10 the implementation of a sentence of death may use appro11 priate State or local facilities for the purpose, may use

12 the services of an appropriate State or local official or of

13 a person such an official employs for the purpose, and

14 shall pay the costs thereof in an amount approved by the

15 Attorney General.

16 ‘‘§ 3598. Appointment of counsel

17 ‘‘(a) REPRESENTATION OF INDIGENT DEFEND18 ANTS.—This section shall govern the appointment of coun19 sel for any defendant against whom a sentence of death

20 is sought, or on whom a sentence of death has been im21 posed, for an offense against the United States, where the

22 defendant is or becomes financially unable to obtain ade23 quate representation. Such a defendant shall be entitled

24 to appointment of counsel from the commencement of trial

25 proceedings until one of the conditions specified in section
50

•HR 4197 IH

1 3599(b) of this title has occurred. This section shall not

2 affect the appointment of counsel and the provision of an3 cillary legal services under section 848(q) (4) through (10)

4 of title 21, United States Code.

5 ‘‘(b) REPRESENTATION BEFORE FINALITY OF JUDG6 MENT.—A defendant within the scope of this section shall

7 have counsel appointed for trial representation as provided

8 in section 3005 of this title. At least one counsel so ap9 pointed shall continue to represent the defendant until the

10 conclusion of direct review of the judgment, unless re11 placed by the court with other qualified counsel.

12 ‘‘(c) REPRESENTATION AFTER FINALITY OF JUDG13 MENT.—When a judgment imposing a sentence of death

14 has become final through affirmance by the Supreme

15 Court on direct review, denial of certiorari by the Supreme

16 Court on direct review, or expiration of the time for seek17 ing direct review in the court of appeals or the Supreme

18 Court, the Government shall promptly notify the district

19 court that imposed the sentence. Within ten days of re20 ceipt of such notice, the district court shall proceed to

21 make a determination whether the defendant is eligible

22 under this section for appointment of counsel for subse23 quent proceedings. On the basis of the determination, the

24 court shall issue an order: (1) appointing one or more

25 counsel to represent the defendant upon a finding that the
51

•HR 4197 IH

1 defendant is financially unable to obtain adequate rep2 resentation and wishes to have counsel appointed or is un3 able competently to decide whether to accept or reject ap4 pointment of counsel; (2) finding, after a hearing if nec5 essary, that the defendant rejected appointment of counsel

6 and made the decision with an understanding of its legal

7 consequences; or (3) denying the appointment of counsel

8 upon a finding that the defendant is financially able to

9 obtain adequate representation. Counsel appointed pursu10 ant to this subsection shall be different from the counsel

11 who represented the defendant at trial and on direct re12 view unless the defendant and counsel request a continu13 ation or renewal of the earlier representation.

14 ‘‘(d) STANDARDS FOR COMPETENCE OF COUNSEL.—

15 In relation to a defendant who is entitled to appointment

16 of counsel under this section, at least one counsel ap17 pointed for trial representation must have been admitted

18 to the bar for at least five years and have at least three

19 years of experience in the trial of felony cases in the fed20 eral district courts. If new counsel is appointed after judg21 ment, at least one counsel so appointed must have been

22 admitted to the bar for at least five years and have at

23 least three years of experience in the litigation of felony

24 cases in the Federal courts of appeals or the Supreme

25 Court. The court, for good cause, may appoint counsel
52

•HR 4197 IH

1 who does not meet these standards, but whose back2 ground, knowledge, or experience would otherwise enable

3 him or her to properly represent the defendant, with due

4 consideration of the seriousness of the penalty and the na5 ture of the litigation.

6 ‘‘(e) APPLICABILITY OF CRIMINAL JUSTICE ACT.—

7 Except as otherwise provided in this section, the provisions

8 of section 3006A of this title shall apply to appointments

9 under this section.

10 ‘‘(f) CLAIMS OF INEFFECTIVENESS OF COUNSEL.—

11 The ineffectiveness or incompetence of counsel during pro12 ceedings on a motion under section 2255 of title 28, Unit13 ed States Code, in a capital case shall not be a ground

14 for relief from the judgment or sentence in any proceed15 ing. This limitation shall not preclude the appointment of

16 different counsel at any stage of the proceedings.

17 ‘‘§ 3599. Collateral attack on judgment imposing sen18 tence of death

19 ‘‘(a) TIME FOR MAKING SECTION 2255 MOTION.—

20 In a case in which sentence of death has been imposed,

21 and the judgment has become final as described in section

22 3598(c) of this title, a motion in the case under section

23 2255 of title 28, United States Code, must be filed within

24 ninety days of the issuance of the order relating to ap25 pointment of counsel under section 3598(c) of this title.
53

•HR 4197 IH

1 The court in which the motion is filed, for good cause

2 shown, may extend the time for filing for a period not

3 exceeding sixty days. A motion described in this section

4 shall have priority over all noncapital matters in the dis5 trict court, and in the court of appeals on review of the

6 district court’s decision.

7 ‘‘(b) STAY OF EXECUTION.—The execution of a sen8 tence of death shall be stayed in the course of direct review

9 of the judgment and during the litigation of an initial mo10 tion in the case under section 2255 of title 28, United

11 States Code. The stay shall run continuously following im12 position of the sentence, and shall expire if—

13 ‘‘(1) the defendant fails to file a motion under

14 section 2255 of title 28, United States Code, within

15 the time specified in subsection (a), or fails to make

16 a timely application for court of appeals review fol17 lowing the denial of such motion by a district court;

18 or

19 ‘‘(2) upon completion of district court and court

20 of appeals review under section 2255 of title 28,

21 United States Code, the motion under that section

22 is denied and (A) the time for filing a petition for

23 certiorari has expired and no petition has been filed;

24 (B) a timely petition for certiorari was filed and the

25 Supreme Court denied the petition; or (C) a timely
54

•HR 4197 IH

1 petition for certiorari was filed and upon consider2 ation of the case, the Supreme Court disposed of it

3 in a manner that left the capital sentence undis4 turbed; or

5 ‘‘(3) before a district court, in the presence of

6 counsel and after having been advised of the con7 sequences of his decision, the defendant waives the

8 right to file a motion under section 2255 of title 28,

9 United States Code.

10 ‘‘(c) FINALITY OF THE DECISION ON REVIEW.—If

11 one of the conditions specified in subsection (b) has oc12 curred, no court thereafter shall have the authority to

13 enter a stay of execution or grant relief in the case un14 less—

15 ‘‘(1) the basis for the stay and request for relief

16 is a claim not presented in earlier proceedings;

17 ‘‘(2) the failure to raise the claim was (A) the

18 result of governmental action in violation of the Con19 stitution or laws of the United States; (B) the result

20 of the Supreme Court recognition of a new Federal

21 right that is retroactively applicable; or (C) based on

22 a factual predicate that could not have been discov23 ered through the exercise of reasonable diligence in

24 time to present the claim in earlier proceedings; and
55

•HR 4197 IH

1 ‘‘(3) the facts underlying the claim would be

2 sufficient, if proven, to undermine the court’s con3 fidence in the determination of guilt on the offense

4 or offenses for which the death penalty was imposed.

5 ‘‘§ 3600. Application in Indian country

6 ‘‘Notwithstanding sections 1152 and 1153 of this

7 title, no person subject to the criminal jurisdiction of an

8 Indian tribal government shall be subject to a capital sen9 tence under this chapter for any offense the Federal juris10 diction for which is predicated solely on Indian country

11 as defined in section 1151 of this title and which has oc12 curred within the boundaries of such Indian country, un13 less the governing body of the tribe has made an election

14 that this chapter have effect over land and persons subject

15 to its criminal jurisdiction.’’; and

16 (2) in the table of chapters at the beginning of

17 part II, by adding the following new item after the

18 item relating to chapter 227:

‘‘228. Death penalty procedures ................................................... 3591.’’.

19 SEC. 122. PROHIBITION OF RACIALLY DISCRIMINATORY

20 POLICIES CONCERNING CAPITAL PUNISH21 MENT OR OTHER PENALTIES.

22 (a) GENERAL RULE.—The penalty of death and all

23 other penalties shall be administered by the United States

24 and by every State without regard to the race or color

25 of the defendant or victim. Neither the United States nor
56

•HR 4197 IH

1 any State shall prescribe any racial quota or statistical

2 test for the imposition or execution of the death penalty

3 or any other penalty.

4 (b) DEFINITIONS.—For purposes of this subtitle—

5 (1) the action of the United States or of a State

6 includes the action of any legislative, judicial, execu7 tive, administrative, or other agency or instrumental8 ity of the United States or a State, or of any politi9 cal subdivision of the United States or a State;

10 (2) the term ‘‘State’’ has the meaning given in

11 section 541 of title 18, United States Code; and

12 (3) the term ‘‘racial quota or statistical test’’

13 includes any law, rule, presumption, goal, standard

14 for establishing a prima facie case, or mandatory or

15 permissive inference that—

16 (A) requires or authorizes the imposition

17 or execution of the death penalty or another

18 penalty so as to achieve a specified racial pro19 portion relating to offenders, convicts, defend20 ants, arrestees, or victims; or

21 (B) requires or authorizes the invalidation

22 of, or bars the execution of, sentences of death

23 or other penalties based on the failure of a ju24 risdiction to achieve a specified racial propor25 tion relating to offenders, convicts, defendants,
57

•HR 4197 IH

1 arrestees, or victims in the imposition or execu2 tion of such sentences or penalties.

3 SEC. 123. FEDERAL CAPITAL CASES.

4 In a prosecution for an offense against the United

5 States for which a sentence of death is authorized, the

6 fact that the killing of the victim was motivated by racial

7 prejudice or bias shall be deemed an aggravating factor

8 whose existence permits consideration of the death pen9 alty, in addition to any other aggravating factors that may

10 be specified by law as permitting consideration of the

11 death penalty.

12 SEC. 124. EXTENSION OF PROTECTION OF CIVIL RIGHTS

13 STATUTES.

14 (a) SECTION 241.—Section 241 of title 18, United

15 States Code, is amended by striking ‘‘inhabitant of’’ and

16 inserting in lieu thereof ‘‘person in’’.

17 (b) SECTION 242.—Section 242 of title 18, United

18 States Code, is amended by striking ‘‘inhabitant of’’ and

19 inserting in lieu thereof ‘‘person in’’, and by striking ‘‘such

20 inhabitant’’ and inserting in lieu thereof ‘‘such person’’.

21 SEC. 125. FEDERAL DEATH PENALTIES.

22 (a) MURDER BY FEDERAL PRISONERS.—Chapter 51

23 of title 18, United States Code, is amended—

24 (1) by adding at the end the following:
58

•HR 4197 IH

1 ‘‘§ 1118. Murder by a Federal prisoner

2 ‘‘(a) Whoever, while confined in a Federal prison

3 under a sentence for a term of life imprisonment, murders

4 another shall be punished by death or by life imprisonment

5 without the possibility of release.

6 ‘‘(b) For purposes of this section—

7 ‘‘(1) ‘Federal prison’ means any Federal correc8 tional, detention, or penal facility, Federal commu9 nity treatment center, or Federal halfway house, or

10 any such prison operated under contract with the

11 Federal Government;

12 ‘‘(2) ‘term of life imprisonment’ means a sen13 tence for the term of natural life, a sentence com14 muted to natural life, an indeterminate term of a

15 minimum of at least fifteen years and a maximum

16 of life, or an unexecuted sentence of death.’’; and

17 (2) by amending the table of sections by adding

18 at the end:

‘‘1118. Murder by a Federal prisoner.’’.

19 (b) MURDER OF FEDERAL, STATE, AND LOCAL LAW

20 ENFORCEMENT OFFICERS.—Section 1114 of title 18,

21 United States Code, is amended by striking ‘‘be punished

22 as provided under sections 1111 and 1112 of this title,

23 except that’’ and inserting ‘‘, or any State or local law

24 enforcement officer while assisting, or on account of hav25 ing assisted, any Federal officer or employee covered by
59

•HR 4197 IH

1 this section in the performance of duties, in the case of

2 murder as defined in section 1111 of this title, be pun3 ished by death or imprisonment for life, and, in the case

4 of manslaughter as defined in section 1112 of this title,

5 be punished as provided in that section, and’’.

6 (c) HOMICIDES AND ATTEMPTED HOMICIDES IN7 VOLVING FIREARMS IN FEDERAL FACILITIES.—Section

8 930 of title 18, United States Code, is amended—

9 (1) in subsection (a), by striking ‘‘(c)’’ and in10 serting ‘‘(d)’’;

11 (2) by inserting after subsection (b) the follow12 ing:

13 ‘‘(c) Whoever kills or attempts to kill any person in

14 the course of a violation of subsection (a) or (b), or in

15 the course of an attack on a Federal facility involving the

16 use of a firearm or other dangerous weapon, shall—

17 ‘‘(1) in the case of a killing constituting murder

18 as defined in section 1111(a) of this title, be pun19 ished by death or imprisoned for any term of years

20 or for life;

21 ‘‘(2) in the case of any other killing or an at22 tempted killing, be subject to the penalties provided

23 for engaging in such conduct within the special mar24 itime and territorial jurisdiction of the United States

25 under sections 1112 and 1113 of this title.’’;
60

•HR 4197 IH

1 (3) in subsection (d)(2), by striking ‘‘(c)’’ and

2 inserting ‘‘(d)’’;

3 (4) in subsection (g), by striking ‘‘(d)’’ each

4 place it appears and inserting ‘‘(e)’’; and

5 (5) by redesignating subsections (c), (d), (e), (f)

6 and (g) as subsections (d), (e), (f), (g), and (h), re7 spectively.

8 (d) DEATH PENALTY FOR CIVIL RIGHTS MUR9 DERS.—

10 (1) CONSPIRACY AGAINST RIGHTS.—Section

11 241 of title 18, United States Code, is amended by

12 striking ‘‘shall be subject to imprisonment for any

13 term of years or for life’’ and inserting ‘‘shall be

14 punished by death or imprisonment for any term of

15 years or for life’’.

16 (2) DEPRIVATION OF RIGHTS UNDER COLOR OF

17 LAW.—Section 242 of title 18, United States Code,

18 is amended by striking ‘‘shall be subject to imprison19 ment for any term of years or for life’’ and inserting

20 ‘‘shall be punished by death or imprisonment for any

21 term of years or for life’’.

22 (3) FEDERALLY PROTECTED ACTIVITIES.—Sec23 tion 245(b) of title 18, United States Code, is

24 amended by striking ‘‘shall be subject to imprison25 ment for any term of years or for life’’ and inserting
61

•HR 4197 IH

1 ‘‘shall be punished by death or imprisonment for any

2 term of years or for life’’.

3 (4) DAMAGE TO RELIGIOUS PROPERTY; OB4 STRUCTION OF THE FREE EXERCISE OF RELIGIOUS

5 RIGHTS.—Section 247(c)(1) of title 18, United

6 States Code, is amended by inserting ‘‘the death

7 penalty or’’ before ‘‘imprisonment’’.

8 (e) DEATH PENALTY FOR GUN MURDERS.—Section

9 924 of title 18, United States Code, as amended by section

10 430 of this Act, is amended by adding at the end the fol11 lowing:

12 ‘‘(k) Whoever, in the course of a violation of sub13 section (c) of this section, causes the death of a person

14 through the use of a firearm, shall—

15 ‘‘(1) if the killing is a murder as defined in sec16 tion 1111 of this title, be punished by death or by

17 imprisonment for life; and

18 ‘‘(2) if the killing is manslaughter as defined in

19 section 1112 of this title, be punished as provided in

20 that section.’’.

21 (f) MURDER BY ESCAPED PRISONERS.—

22 (1) IN GENERAL.—Chapter 51 of title 18,

23 United States Code, as amended by section 110, is

24 amended by adding at the end the following:
62

•HR 4197 IH

1 ‘‘§ 1119. Murder by escaped prisoners

2 ‘‘(a) Whoever, having escaped from a Federal prison

3 where such person was confined under a sentence for a

4 term of life imprisonment, kills another shall be punished

5 as provided in sections 1111 and 1112 of this title.

6 ‘‘(b) As used in this section, the terms ‘Federal pris7 on’ and ‘term of life imprisonment’ have the meanings

8 given those terms in section 1118 of this title.’’.

9 (2) CLERICAL AMENDMENT.—The table of sec10 tions at the beginning of chapter 51 of title 18,

11 United States Code, is amended by adding at the

12 end the following:

‘‘1119. Murder by escaped prisoners.’’.

13 (g) TORTURE.—

14 (1) IN GENERAL.—Part I of title 18, United

15 States Code, is amended by inserting after chapter

16 113A the following new chapter:

17 ‘‘CHAPTER 113B—TORTURE

‘‘Sec.

‘‘2340. Definitions.

‘‘2340A. Torture.

‘‘2340B. Exclusive remedies.

18 ‘‘§ 2340. Definitions

19 ‘‘As used in this chapter—

20 ‘‘(1) the term ‘torture’ means an act committed

21 by a person acting under the color of law specifically

22 intended to inflict severe physical or mental pain or
63

•HR 4197 IH

1 suffering (other than pain or suffering incidental to

2 lawful sanctions) upon another person within his

3 custody or physical control;

4 ‘‘(2) the term ‘severe mental pain or suffering’

5 means the prolonged mental harm caused by or re6 sulting from—

7 ‘‘(A) the intentional infliction or threat8 ened infliction of severe physical pain or suffer9 ing;

10 ‘‘(B) the administration or application, or

11 threatened administration or application, of

12 mind altering substances or other procedures

13 calculated to disrupt profoundly the senses or

14 the personality;

15 ‘‘(C) the threat of imminent death; or

16 ‘‘(D) the threat that another person will

17 imminently be subjected to death, severe phys18 ical pain or suffering, or the administration or

19 application of mind altering substances or other

20 procedures calculated to disrupt profoundly the

21 senses or personality; and

22 ‘‘(3) the term ‘United States’ includes all areas

23 under the jurisdiction of the United States including

24 any of the places within the provisions of sections 5

25 and 7 of this title and section 101(38) of the Fed-
64

•HR 4197 IH

1 eral Aviation Act of 1958, as amended (49 U.S.C.

2 App. 1301(38)).

3 ‘‘§ 2340A. Torture

4 ‘‘(a) Whoever, outside the United States and in a cir5 cumstance described in subsection (b) of this section, com6 mits or attempts to commit torture shall be fined under

7 this title or imprisoned not more than 20 years, or both,

8 and if death results to any person from conduct prohibited

9 by this subsection, shall be punished by death or impris10 oned for any term of years or for life.

11 ‘‘(b) The circumstances referred to in subsection (a)

12 of this section are—

13 ‘‘(1) the alleged offender is a national of the

14 United States; or

15 ‘‘(2) the alleged offender is present in the Unit16 ed States, irrespective of the nationality of the vic17 tim or the alleged offender.

18 ‘‘§ 2340B. Exclusive remedies

19 ‘‘Nothing in this chapter shall be construed as pre20 cluding the application of State or local laws on the same

21 subject, nor shall anything in this chapter be construed

22 as creating any substantive or procedural right enforceable

23 by law by any party in any civil proceeding.’’.

24 (2) CLERICAL AMENDMENT.—The table of

25 chapters for part I of title 18, United States Code,
65

•HR 4197 IH

1 is amended by inserting after the item for chapter

2 113A the following new item:

‘‘113B. Torture ..................................................................................... 2340.’’.

3 (3) EFFECTIVE DATE.—This subsection shall

4 take effect on the later of—

5 (1) the date of enactment of this section;

6 or

7 (2) the date the United States has become

8 a party to the Convention Against Torture and

9 Other Cruel, Inhuman or Degrading Treatment

10 or Punishment.

11 (h) CARJACKING RESULTING IN DEATH.—Section

12 2119 of title 18, United States Code, is amended—

13 (1) by inserting ‘‘(a)’’ before ‘‘Whoever’’;

14 (2) by striking ‘‘, possessing a firearm as de15 fined in section 921 of this title,’’;

16 (3) by striking ‘‘shall—’’ and all that follows

17 through the end of the existing section and inserting

18 ‘‘shall be punished as provided in subsection (c) of

19 this section.’’; and

20 (4) by adding at the end the following:

21 ‘‘(b) Whoever, in furtherance of a State or Federal

22 crime of violence, obstructs, impedes, or makes unauthor23 ized physical contact with, a motor vehicle of another, if

24 such vehicle has been transported, shipped, or received in
66

•HR 4197 IH

1 interstate or foreign commerce, shall be punished as pro2 vided in subsection (c) of this section.

3 ‘‘(c) A person violating this section shall—

4 ‘‘(1) be fined under this title or imprisoned not

5 more than 15 years, or both;

6 ‘‘(2) if serious bodily injury (as defined in sec7 tion 1365 of this title) results, be fined under this

8 title or imprisoned not more than 25 years, or both;

9 and

10 ‘‘(3) if death results, be fined under this title

11 or imprisoned for any number of years up to life, or

12 both, and shall be subject to the penalty of death.’’.

13 SEC. 126. CONFORMING AND TECHNICAL AMENDMENTS.

14 (a) DESTRUCTION OF AIRCRAFT OR AIRCRAFT FA15 CILITIES.—Section 34 of title 18, United States Code, is

16 amended by striking the comma after ‘‘imprisonment for

17 life’’ and all that follows through the end of the section

18 and inserting a period.

19 (b) ESPIONAGE.—Section 794(a) of title 18, United

20 States Code, is amended by striking the period at the end

21 of the section and inserting the following: ‘‘, except that

22 the sentence of death shall not be imposed unless the jury

23 or, if there is no jury, the court, further finds beyond a

24 reasonable doubt at a hearing under section 3593 of this

25 title that the offense directly concerned nuclear weaponry,
67

•HR 4197 IH

1 military spacecraft and satellites, early warning systems,

2 or other means of defense or retaliation against large-scale

3 attack; war plans; communications intelligence or cryp4 tographic information; sources or methods of intelligence

5 or counterintelligence operations; or any other major

6 weapons system or major element of defense strategy.’’.

7 (c) TRANSPORTING EXPLOSIVES.—Section 844(d) of

8 title 18, United States Code, is amended by striking ‘‘as

9 provided in section 34 of this title’’.

10 (d) MALICIOUS DESTRUCTION OF FEDERAL PROP11 ERTY BY EXPLOSIVES.—Section 844(f) of title 18, United

12 States Code, is amended by striking ‘‘as provided in sec13 tion 34 of this title’’.

14 (e) MALICIOUS DESTRUCTION OF INTERSTATE PROP15 ERTY BY EXPLOSIVES.—Section 844(i) of title 18, United

16 States Code, is amended by striking ‘‘as provided in sec17 tion 34 of this title’’.

18 (f) MURDER.—Section 1111(b) of title 18, United

19 States Code, is amended to read as follows:

20 ‘‘(b) Within the special maritime and territorial juris21 diction of the United States—

22 ‘‘(1) whoever is guilty of murder in the first de23 gree shall be punished by death or by imprisonment

24 for life; and
68

•HR 4197 IH

1 ‘‘(2) whoever is guilty of murder in the second

2 degree shall be imprisoned for any term of years or

3 for life.’’.

4 (g) KILLING OFFICIAL GUESTS AND INTERNATION5 ALLY PROTECTED PERSONS.—Subsection (a) of section

6 1116 of title 18, United States Code, is amended by in7 serting a period after ‘‘title’’ and striking the remainder

8 of the subsection.

9 (h) KIDNAPPING.—Section 1201(a) of title 18, Unit10 ed States Code, is amended by inserting after ‘‘or for life’’

11 the following: ‘‘and, if the death of any person results,

12 shall be punished by death or life imprisonment’’.

13 (i) HOSTAGE TAKING.—Section 1203(a) of title 18,

14 United States Code, is amended by inserting after ‘‘or for

15 life’’ the following ‘‘and, if the death of any person results,

16 shall be punished by death or life imprisonment’’.

17 (j) MAILABILITY OF INJURIOUS ARTICLES.—The last

18 paragraph of section 1716 of title 18, United States Code,

19 is amended by striking the comma after ‘‘imprisonment

20 for life’’ and all that follows through the end of the para21 graph and inserting a period.

22 (k) PRESIDENTIAL ASSASSINATION.—Subsection (c)

23 of section 1751 of title 18, United States Code, is amend24 ed to read as follows:
69

•HR 4197 IH

1 ‘‘(c) Whoever attempts to murder or kidnap any indi2 vidual designated in subsection (a) of this section shall be

3 punished (1) by imprisonment for any term of years or

4 for life, or (2) by death or imprisonment for any term of

5 years or for life if the conduct constitutes an attempt to

6 murder the President of the United States and results in

7 bodily injury to the President or otherwise comes dan8 gerously close to causing the death of the President.’’.

9 (l) MURDER FOR HIRE.—Section 1958(a) of title 18

10 of the United States Code is amended by striking ‘‘and

11 if death results, shall be subject to imprisonment for any

12 term of years or for life, or shall be fined not more than

13 $50,000, or both’’ and inserting ‘‘and if death results,

14 shall be punished by death or life imprisonment, or shall

15 be fined in accordance with this title, or both’’.

16 (m) VIOLENT CRIMES IN AID OF RACKETEERING AC17 TIVITY.—Paragraph (1) of subsection (a) of section 1959

18 of title 18, United States Code, is amended to read as

19 follows:

20 ‘‘(1) for murder, by death or life imprisonment,

21 or a fine in accordance with this title, or

22 both; and for kidnapping, by imprisonment for

23 any term of years or for life, or a fine in accordance

24 with this title, or both;’’.
70

•HR 4197 IH

1 (n) WRECKING TRAINS.—The second to the last

2 paragraph of section 1992 of title 18, United States Code,

3 is amended by striking the comma after ‘‘imprisonment

4 for life’’ and all that follows through the end of the section

5 and inserting a period.

6 (o) BANK ROBBERY.—Section 2113(e) of title 18,

7 United States Code, is amended by striking ‘‘or punished

8 by death if the verdict of the jury shall so direct’’ and

9 inserting ‘‘or if death results shall be punished by death

10 or life imprisonment’’.

11 (p) TERRORIST ACTS.—Section 2332(a)(1) of title

12 18, United States Code, is amended to read as follows:

13 ‘‘(1) if the killing is murder as defined in sec14 tion 1111(a) of this title, be fined under this title,

15 punished by death or imprisonment for any term of

16 years or for life, or both;’’.

17 (q) AIRCRAFT HIJACKING.—Section 903 of the Fed18 eral Aviation Act of 1958 (49 U.S.C. App. 1473), is

19 amended by striking subsection (c).

20 (r) CONTROLLED SUBSTANCES ACT.—Section 408 of

21 the Controlled Substances Act is amended by striking sub22 sections (g)–(p), (q) (1)–(3) and (r).

23 (s) GENOCIDE.—Section 1091(b)(1) of title 18, Unit24 ed States Code, is amended by striking ‘‘a fine of not more

25 than $1,000,000 and imprisonment for life;’’ and inserting
71

•HR 4197 IH

1 ‘‘death or imprisonment for life and a fine of not more

2 than $1,000,000;’’.

3 (t) INAPPLICABILITY TO UNIFORM CODE OF MILI4 TARY JUSTICE.—Chapter 228 of title 18, United States

5 Code, as added by this Act, shall not apply to prosecutions

6 under the Uniform Code of Military Justice (10 U.S.C.

7 801 et seq.).

8 Subtitle C—Enhanced Penalties for

9 Criminal Use of Firearms and

10 Explosives

11 Chapter 1—Instant Check System for

12 Handgun Purchases

13 SEC. 131. FINDINGS.

14 The Congress finds the following:

15 (1) State laws requiring a waiting period before

16 the purchase of a firearm have endangered the lives

17 of law-abiding Americans by preventing them from

18 protecting themselves, as demonstrated by the fol19 lowing examples:

20 (A) In 1991, Bonnie Elmasri of Wisconsin

21 tried to get a handgun to protect herself from

22 her estranged husband, but he returned home

23 and killed her and her 2 children before the 48-

24 hour waiting period required by State law had

25 expired.
72

•HR 4197 IH

1 (B) In 1990, Catherine Latta of North

2 Carolina tried to buy a firearm but was told by

3 police that it would take her 2 to 4 weeks to

4 get the necessary permit. After telling the clerk

5 she ‘‘would be dead by then,’’ she illegally

6 bought a handgun on the street. 5 hours later

7 she was attacked again by the man who had al8 ready robbed, assaulted, and raped her. She

9 used her handgun to protect herself by shooting

10 and killing him. Had she not had a handgun,

11 the outcome would have been much different.

12 (C) Residents of Los Angeles were forced

13 to wait 15 days during the 1991 riots before

14 they could legally buy a firearm for protection,

15 in spite of the fact that police were admitting

16 that they could not protect the people.

17 (2) A point-of-sale instant background check

18 can easily lead to a gun owner registration system.

19 Commenting on the Virginia State instant check sys20 tem, the Congressional Office of Technology Assess21 ment said ‘‘The Virginia transaction log does not in22 clude the names of firearm purchasers, but the po23 tential exists regardless of legal prohibitions.’’.

24 (3) Laws requiring a waiting period before the

25 purchase of a firearm have not prevented crime
73

•HR 4197 IH

1 rates in various States that have enacted such laws

2 from increasing far above the national average in3 crease in crime rates.

4 (4) Police cannot protect, and are not legally

5 responsible for protecting, individual citizens, as evi6 denced by the following:

7 (A) The courts have consistently ruled that

8 the police do not have an obligation to protect

9 individuals, only the public in general. In War10 ren v. District of Columbia Metropolitan Police

11 Department (D.C. App. 444 A. 2d 1 (1981)),

12 the court stated ‘‘courts have without exception

13 concluded that when a municipality or other

14 governmental entity undertakes to furnish po15 lice services, it assumes a duty only to the pub16 lic at large and not to individual members of

17 the community’’.

18 (B) Former Florida Attorney General Jim

19 Smith told Florida legislators that police re20 sponded to only 200,000 of 700,000 calls for

21 help to Dade County authorities.

22 (C) The Department of Justice found that,

23 in 1989, there were 168,881 crimes of violence

24 which were not responded to by police within 1

25 hour.
74

•HR 4197 IH

1 (D) Currently, there are about 150,000 po2 lice officers on duty to protect a population of

3 more than 250,000,000 Americans.

4 SEC. 132. SYSTEM FOR IDENTIFYING FELONS AND PERSONS

5 ADJUDICATED MENTALLY INCOMPETENT.

6 (a) IN GENERAL.—The laws and procedures of a

7 State are of the type described in this subsection if the

8 laws and procedures, in substance, provide the following:

9 (1) RECORDS CHECK REQUIRED BEFORE ISSU10 ANCE OF DRIVER’S LICENSE AND IDENTIFICATION

11 DOCUMENTS; USE OF MAGNETIC STRIPS TO IDEN12 TIFY PROHIBITED PERSONS.—Before the State

13 transportation agency issues, reissues, or reinstates

14 a license, the agency shall—

15 (A) conduct a record check to determine

16 whether the applicant therefor is a prohibited

17 person by examining the State list referred to

18 in paragraph (4) of this subsection and the na19 tional list referred to in subsection (b)(1); and

20 (B) affix to the license of the person a

21 magnetic strip on which is encoded information

22 that—

23 (i) identifies the licensee as a prohib24 ited person or as a nonprohibited person;

25 and
75

•HR 4197 IH

1 (ii) may be discerned only through the

2 use of an electronic device that—

3 (I) is read only;

4 (II) does not have storage or

5 communication capabilities; and

6 (III) signals the user of the de7 vice with—

8 (aa) a green light if the de9 vice reads a magnetic strip that

10 does not identify the person as a

11 prohibited person; and

12 (bb) a red light if the device

13 reads a magnetic strip that iden14 tifies the person as a prohibited

15 person.

16 (2) EFFECTS OF FELONY CONVICTION OR AD17 JUDICATION OF MENTAL INCOMPETENCY.—

18 (A) SEIZURE AND VOIDING OF DRIVER’S

19 LICENSE.—If a State court convicts a person of

20 a crime punishable by imprisonment for a term

21 exceeding 1 year or adjudicates a person as

22 mentally incompetent, the court shall seize any

23 license issued to the person by the State trans24 portation agency, and any such license shall be

25 void.
76

•HR 4197 IH

1 (B) ISSUANCE OF NEW LICENSE UPON RE2 QUEST.—Upon request of a person referred to

3 in subparagraph (A), the State transportation

4 agency shall issue to the person (if otherwise el5 igible therefor) another such license affixed to

6 which is a magnetic strip identifying the person

7 as a prohibited person.

8 (3) FUNDING OF RECORDS CHECKS.—

9 (A) INCREASE IN FINES IMPOSED UPON

10 CONVICTED FELONS.—Any person convicted in

11 the State of a crime punishable by imprison12 ment for a term exceeding 1 year shall, in addi13 tion to any sentence imposed under any other

14 provision of State law, be fined an amount suf15 ficient to cover the expenses of criminal records

16 checks conducted pursuant to paragraph

17 (1)(A), taking all such convictions into account

18 on an annual basis.

19 (B) SURCHARGE IMPOSED ON PROHIBITED

20 PERSONS TO OBTAIN A DRIVER’S LICENSE.—In

21 addition to any fee required to be paid by a per22 son to obtain a license, the State transportation

23 agency shall require a prohibited person to pay

24 surcharge in an amount determined by the

25 State to be sufficient to cover the expenses of
77

•HR 4197 IH

1 criminal records checks conducted by the agen2 cy pursuant to paragraph (1)(A), taking into

3 account fines imposed under subparagraph (B)

4 of this paragraph.

5 (4) REQUIREMENT TO MAINTAIN AND UPDATE

6 COMPUTERIZED LIST OF PROHIBITED PERSONS.—

7 The State shall create and maintain a computerized

8 list of all persons who are prohibited persons by rea9 son of a conviction or adjudication in the State, and,

10 within 2 years after the date of the enactment of

11 this Act, shall achieve and maintain at least 80 per12 cent currency of case dispositions in the computer13 ized list for all cases in which there has been an

14 entry of activity within the then immediately preced15 ing 5 years.

16 (b) DUTIES OF THE ATTORNEY GENERAL.—The At17 torney General of the United States shall—

18 (1) create a national, computerized list of pro19 hibited persons;

20 (2) incorporate State criminal history records

21 into the Federal criminal records system maintained

22 by the Federal Bureau of Investigation;

23 (3) develop hardware and software systems to

24 link State lists referred to in subsection (a)(4) with
78

•HR 4197 IH

1 the national list referred to in paragraph (1) of this

2 subsection; and

3 (4) provide any responsible State agency with

4 access to the national list, upon request.

5 (c) PROCEDURES FOR CORRECTING ERRONEOUS

6 RECORDS.—

7 (1) REQUEST FOR INFORMATION.—Any person

8 identified as a prohibited person in records main9 tained under this section may request the Attorney

10 General of the United States to notify the person of

11 the reasons therefor.

12 (2) COMPLIANCE WITH REQUEST.—Within 5

13 days after receipt of a request under paragraph (1),

14 the Attorney General shall comply with the request.

15 (3) SUBMISSION OF ADDITIONAL INFORMA16 TION.—Any person described in paragraph (1) may

17 submit to the Attorney General information to cor18 rect, clarify, or supplement records maintained

19 under this section with respect to the person.

20 (4) CONSIDERATION AND USE OF ADDITIONAL

21 INFORMATION.—Within 5 days after receipt of such

22 information, the Attorney General shall consider the

23 information, investigate the matter further, correct

24 any and all erroneous Federal records relating to

25 such person, and notify any Federal department or
79

•HR 4197 IH

1 agency or any State that was the source of the erro2 neous records of the errors.

3 (d) JUDICIAL REVIEW.—Any person erroneously

4 identified as a prohibited person in records maintained

5 pursuant to this section may bring an action in any United

6 States district court against the United States, or any

7 State or political subdivision thereof which is the source

8 of the erroneous information, for damages (including con9 sequential damages), injunctive relief, and such other re10 lief as the court deems appropriate. If the person prevails

11 in the action, the court shall allow the person a reasonable

12 attorney’s fee as part of the costs.

13 (e) DEFINITIONS.—As used in this section:

14 (1) LICENSE.—The term ‘‘license’’ means a li15 cense or permit to operate a motor vehicle on the

16 roads and highways of the State, and any identifica17 tion document issued by a State transportation

18 agency solely for purposes of identification.

19 (2) PROHIBITED PERSON.—The term ‘‘prohib20 ited person’’ means a person who—

21 (A) has been convicted of a crime punish22 able under Federal or State law by imprison23 ment for a term exceeding 1 year; or

24 (B)(i) has been adjudicated mentally in25 competent; and
80

•HR 4197 IH

1 (ii)(I) has not been restored to capacity by

2 court order; or

3 (II) has been so restored to capacity for

4 less than 5 years.

5 (3) STATE TRANSPORTATION AGENCY.—The

6 term ‘‘State transportation agency’’ means the State

7 agency responsible for issuing a license, permit, or

8 identification document described in paragraph (1).

9 (f) JUSTICE ASSISTANCE FUNDS WITHHELD FROM

10 CERTAIN STATES UNLESS CERTAIN LAWS AND PROCE11 DURES ARE IN EFFECT.—2 years after the date of the

12 enactment of this Act, the Director of the Bureau of Jus13 tice Assistance shall reduce by 25 percent the annual allo14 cation to a State for a fiscal year under title I of the Om15 nibus Crime Control and Safe Streets Act of 1968 if the

16 State has in effect, as of such date of enactment, a waiting

17 period, or a system for identifying felons, before the pur18 chase of a handgun, and the State does not, by the end

19 of such 2-year period, have in effect all of the laws and

20 procedures of the type described in subsection (a). If, at

21 any time after such 2-year period, any State has in effect

22 a waiting period before the purchase of a handgun, or a

23 system for identifying felons or persons adjudicated men24 tally incompetent other than as provided pursuant to laws

25 and procedures of the type described in subsection (a), the
81

•HR 4197 IH

1 Director of the Bureau of Justice Assistance shall reduce

2 by 25 percent the annual allocation to the State for a fis3 cal year under title I of the Omnibus Crime Control and

4 Safe Streets Act of 1968.

5 SEC. 133. LICENSED FIREARMS DEALERS REQUIRED TO

6 CHECK MAGNETIC STRIP ON DRIVER’S LI7 CENSE OF ANY PERSON ATTEMPTING TO

8 PURCHASE A HANDGUN.

9 (a) PROHIBITION.—Section 922 of title 18, United

10 States Code, as amended by section 722(a) of this Act,

11 is amended by adding at the end the following:

12 ‘‘(x)(1) It shall be unlawful for any licensed dealer

13 knowingly to—

14 ‘‘(A) sell a handgun to any person not licensed

15 under section 923, unless the licensed dealer has

16 used an electronic device described in section

17 732(a)(1)(B)(ii) of the Crime Control Act of 1994 to

18 read the magnetic strip affixed to an identification

19 document issued to the person by the transportation

20 agency of the State in which the premises of the li21 censed dealer is located; or

22 ‘‘(B) fail to notify local law enforcement au23 thorities, within 72 hours, of any person attempting

24 to purchase a handgun who is identified as a prohib25 ited person through the use of such a device.
82

•HR 4197 IH

1 ‘‘(2) As used in paragraph (1):

2 ‘‘(A) The term ‘handgun’ means a firearm

3 which has a short stock and is designed to be held

4 and fired by the use of a single hand.

5 ‘‘(B) The term ‘identification document’ means

6 a license or permit to operate a motor vehicle, and

7 any identification document issued solely for pur8 poses of identification.

9 ‘‘(C) The term ‘transportation agency’ means

10 the agency responsible for issuing commercial or

11 noncommercial identification documents.

12 ‘‘(3) Paragraph (1) shall not apply in any State that

13 does not have in effect the laws and procedures required

14 by section 732(a) of the Crime Control Act of 1994.’’.

15 (b) PENALTY.—Section 924(a) of such title, as

16 amended by section 715 of this Act, is amended by adding

17 at the end the following:

18 ‘‘(7) Any licensed dealer who violates section 922(x)

19 shall be imprisoned not more than 1 year, fined not more

20 than $1,000, or both.’’.

21 (c) EFFECTIVE DATE.—The amendments made by

22 this section apply to conduct engaged in after the 2-year

23 period that begins with the date of the enactment of this

24 Act.
83

•HR 4197 IH

1 Chapter 2—Other Firearms Provisions

2 SEC. 141. INCREASED PENALTY FOR INTERSTATE GUN

3 TRAFFICKING.

4 Section 924 of title 18, United States Code, as

5 amended by sections 430, 705(e), 714(b), 718, and 722(c)

6 of this Act, is amended by adding at the end the following:

7 ‘‘(o) Whoever, with the intent to engage in conduct

8 which constitutes a violation of section 922(a)(1)(A), trav9 els from any State or foreign country into any other State

10 and acquires, or attempts to acquire, a firearm in such

11 other State in furtherance of such purpose shall be impris12 oned for not more than 10 years.’’.

13 SEC. 142. PROHIBITION AGAINST TRANSACTIONS INVOLV14 ING STOLEN FIREARMS WHICH HAVE MOVED

15 IN INTERSTATE OR FOREIGN COMMERCE.

16 Section 922(j) of title 18, United States Code, is

17 amended to read as follows:

18 ‘‘(j) It shall be unlawful for any person to receive,

19 possess, conceal, store, barter, sell, or dispose of any stolen

20 firearm or stolen ammunition, or pledge or accept as secu21 rity for a loan any stolen firearm or stolen ammunition,

22 which is moving as, which is a part of, which constitutes,

23 or which has been shipped or transported in, interstate

24 or foreign commerce, either before or after it was stolen,
84

•HR 4197 IH

1 knowing or having reasonable cause to believe that the

2 firearm or ammunition was stolen.’’.

3 SEC. 143. ENHANCED PENALTIES FOR USE OF FIREARMS IN

4 CONNECTION WITH COUNTERFEITING OR

5 FORGERY.

6 Section 924(c)(1) of title 18, United States Code, is

7 amended by inserting ‘‘or during and in relation to any

8 felony punishable under chapter 25,’’ after ‘‘United

9 States,’’.

10 SEC. 144. INCREASED PENALTY FOR KNOWINGLY FALSE,

11 MATERIAL STATEMENTS IN FIREARM PUR12 CHASE FROM LICENSED DEALER.

13 Section 924(a) of title 18, United States Code, is

14 amended—

15 (1) in paragraph (1)(B), by striking ‘‘(a)(6),’’;

16 and

17 (2) in paragraph (2), by inserting ‘‘(a)(6),’’

18 after ‘‘subsection’’.

19 SEC. 145. REVOCATION OF SUPERVISED RELEASE FOR POS20 SESSION OF A FIREARM IN VIOLATION OF RE21 LEASE CONDITION.

22 Section 3583 of title 18, United States Code, is

23 amended by adding at the end the following:

24 ‘‘(h) MANDATORY REVOCATION FOR POSSESSION OF

25 A FIREARM.—If the court has provided, as a condition of
85

•HR 4197 IH

1 supervised release, that the defendant refrain from pos2 sessing a firearm, and if the defendant is in actual posses3 sion of a firearm (as defined in section 921) at any time

4 prior to the expiration or termination of the term of super5 vised release, the court shall, after a hearing pursuant to

6 the provisions of the Federal Rules of Criminal Procedure

7 that are applicable to probation revocation, revoke the

8 term of supervised release and, subject to subsection (e)(3)

9 of this section, require the defendant to serve in prison

10 all or part of the term of supervised release without credit

11 for time previously served on post release supervision.’’.

12 SEC. 146. RECEIPT OF FIREARMS BY NONRESIDENT.

13 Section 922(a) of title 18, United States Code, is

14 amended—

15 (1) in paragraph (7), by striking ‘‘and’’ at the

16 end;

17 (2) in paragraph (8), by striking the period at

18 the end and inserting ‘‘; and’’; and

19 (3) by adding at the end the following:

20 ‘‘(9) for any person, other than a licensed im21 porter, licensed manufacturer, licensed dealer, or li22 censed collector, who does not reside in any State to

23 receive any firearms unless such receipt is for lawful

24 sporting purposes.’’.
86

•HR 4197 IH

1 SEC. 147. DISPOSITION OF FORFEITED FIREARMS.

2 Section 5872(b) of the Internal Revenue Code of

3 1986 is amended to read as follows:

4 ‘‘(b) DISPOSAL.—In the case of the forfeiture of any

5 firearm, where there is no remission or mitigation of for6 feiture thereof—

7 ‘‘(1) the Secretary may retain the firearm for

8 official use of the Department of the Treasury or, if

9 not so retained, offer to transfer the weapon without

10 charge to any other executive department or inde11 pendent establishment of the Government for official

12 use by it and, if the offer is accepted, so transfer the

13 firearm;

14 ‘‘(2) if the firearm is not disposed of pursuant

15 to paragraph (1), is a firearm other than a machine

16 gun or a firearm forfeited for a violation of this

17 chapter, is a firearm that in the opinion of the Sec18 retary is not so defective that its disposition pursu19 ant to this paragraph would create an unreasonable

20 risk of a malfunction likely to result in death or bod21 ily injury, and is a firearm which (in the judgment

22 of the Secretary, taking into consideration evidence

23 of present value and evidence that like firearms are

24 not available except as collector’s items, or that the

25 value of like firearms available in ordinary commer26 cial channels is substantially less) derives a substan-
87

•HR 4197 IH

1 tial part of its monetary value from the fact that it

2 is novel, rare, or because of its association with some

3 historical figure, period, or event, the Secretary may

4 sell the firearm, after public notice, at public sale to

5 a dealer licensed under chapter 44 of title 18, Unit6 ed States Code;

7 ‘‘(3) if the firearm has not been disposed of

8 pursuant to paragraph (1) or (2), the Secretary

9 shall transfer the firearm to the Administrator of

10 General Services, who shall destroy or provide for

11 the destruction of the firearm; and

12 ‘‘(4) no decision or action of the Secretary pur13 suant to this subsection shall be subject to judicial

14 review.’’.

15 SEC. 148. CONSPIRACY TO VIOLATE FEDERAL FIREARMS

16 OR EXPLOSIVES LAWS.

17 (a) FIREARMS.—Section 924 of title 18, United

18 States Code, as amended by sections 430, 705(e), 714(b),

19 718, 722(c), and 741 of this Act, is amended by adding

20 at the end the following:

21 ‘‘(p) Whoever conspires to commit any offense pun22 ishable under this chapter shall be subject to the same

23 penalties as those prescribed for the offense the commis24 sion of which was the object of the conspiracy.’’.
88

•HR 4197 IH

1 (b) EXPLOSIVES.—Section 844 of such title is

2 amended by adding at the end the following:

3 ‘‘(k) Whoever conspires to commit any offense pun4 ishable under this chapter shall be subject to the same

5 penalties as those prescribed for the offense the commis6 sion of which was the object of the conspiracy.’’.

7 SEC. 149. THEFT OF FIREARMS OR EXPLOSIVES FROM LI8 CENSEE.

9 (a) FIREARMS.—Section 924 of title 18, United

10 States Code, as amended by sections 430, 705(e), 714(b),

11 718, 722(c), 741, and 748(a) of this Act, is amended by

12 adding at the end the following:

13 ‘‘(q) Whoever steals any firearm from a licensed im14 porter, licensed manufacturer, licensed dealer, or licensed

15 collector shall be fined under this title, imprisoned not

16 more than ten years, or both.’’.

17 (b) EXPLOSIVES.—Section 844 of such title, as

18 amended by section 748(b) of this Act, is amended by add19 ing at the end the following:

20 ‘‘(l) Whoever steals any explosive material from a li21 censed importer, licensed manufacturer, licensed dealer, or

22 permittee shall be fined under this title, imprisoned not

23 more than ten years, or both.’’.
89

•HR 4197 IH

1 SEC. 150. PENALTIES FOR THEFT OF FIREARMS OR EXPLO2 SIVES.

3 (a) FIREARMS.—Section 924 of title 18, United

4 States Code, as amended by sections 430, 705(e), 714(b),

5 718, 722(c), 741, 748(a), and 749(a) of this Act, is

6 amended by adding at the end the following:

7 ‘‘(r) Whoever steals any firearm which is moving as,

8 or is a part of, or which has moved in, interstate or foreign

9 commerce shall be imprisoned for not less than 2 nor more

10 than 10 years, fined under this title, or both.’’.

11 (b) EXPLOSIVES.—Section 844 of such title, as

12 amended by sections 748(b) and 749(b) of this Act, is

13 amended by adding at the end the following:

14 ‘‘(m) Whoever steals any explosive materials which

15 are moving as, or are a part of, or which have moved in,

16 interstate or foreign commerce shall be imprisoned not less

17 than 2 nor more than 10 years, fined under this title, or

18 both.’’.

19 SEC. 151. PROHIBITION AGAINST DISPOSING OF EXPLO20 SIVES TO PROHIBITED PERSONS.

21 Section 842(d) of title 18, United States Code, is

22 amended by striking ‘‘licensee’’ and inserting ‘‘person’’.

23 SEC. 152. PROHIBITION AGAINST THEFT OF FIREARMS OR

24 EXPLOSIVES.

25 (a) FIREARMS.—Section 924 of title 18, United

26 States Code, as amended by sections 430, 705(e), 714(b),
90

•HR 4197 IH

1 718, 722(c), 741, 748(a), 749(a), and 750(a) of this Act,

2 is amended by adding at the end the following:

3 ‘‘(s) Whoever steals any firearm which is moving as,

4 or is a part of, or which has moved in, interstate or foreign

5 commerce shall be imprisoned for not less than 2 nor more

6 than 10 years, fined under this title, or both.’’.

7 (b) EXPLOSIVES.—Section 844 of such title, as

8 amended by sections 748(b), 749(b), and 750(b) of this

9 Act, is amended by adding at the end the following:

10 ‘‘(n) Whoever steals any explosive materials which are

11 moving as, or are a part of, or which have moved in, inter12 state or foreign commerce shall be imprisoned not less

13 than 2 nor more than 10 years, fined under this title, or

14 both.’’.

15 SEC. 153. INCREASED PENALTY FOR SECOND OFFENSE OF

16 USING AN EXPLOSIVE TO COMMIT A FELONY.

17 Section 844(h) of title 18, United States Code, is

18 amended by striking ‘‘ten’’ and inserting ‘‘20’’.

19 SEC. 154. POSSESSION OF EXPLOSIVES BY FELONS AND

20 OTHERS.

21 Section 842(i) of title 18, United States Code, is

22 amended by inserting ‘‘or possess’’ after ‘‘to receive’’.
91

•HR 4197 IH

1 SEC. 155. POSSESSION OF EXPLOSIVES DURING THE COM2 MISSION OF A FELONY.

3 Section 844(h) of title 18, United States Code, is

4 amended—

5 (1) in paragraph (2), by striking ‘‘carries’’ and

6 inserting ‘‘possesses’’; and

7 (2) in the 3rd sentence, by striking ‘‘carried’’

8 and inserting ‘‘possessed’’.

9 SEC. 156. SUMMARY DESTRUCTION OF EXPLOSIVES SUB10 JECT TO FORFEITURE.

11 Section 844(c) of title 18, United States Code, is

12 amended—

13 (1) by inserting ‘‘(1)’’ before ‘‘Any’’; and

14 (2) by adding at the end the following:

15 ‘‘(2) Notwithstanding paragraph (1), in the case of

16 the seizure of any explosive materials for any offense for

17 which the materials would be subject to forfeiture where

18 it is impracticable or unsafe to remove the materials to

19 a place of storage, or where it is unsafe to store them,

20 the seizing officer is authorized to destroy the explosive

21 materials forthwith. Any destruction under this paragraph

22 shall be in the presence of at least one credible witness.

23 The seizing officer shall make a report of the seizure and

24 take samples as the Secretary may by regulation prescribe.

25 ‘‘(3) Within 60 days after any destruction made pur26 suant to paragraph (2), the owner of, including any person
92

•HR 4197 IH

1 having an interest in, the property so destroyed may make

2 application to the Secretary for reimbursement of the

3 value of the property. If the claimant establishes to the

4 satisfaction of the Secretary that—

5 ‘‘(A) the property has not been used or involved

6 in a violation of law; or

7 ‘‘(B) any unlawful involvement or use of the

8 property was without the claimant’s knowledge, con9 sent, or willful blindness,

10 the Secretary shall make an allowance to the claimant not

11 exceeding the value of the property destroyed.’’.

12 SEC. 157. ELIMINATION OF OUTMODED PAROLE LAN13 GUAGE.

14 Section 924 of title 18, United States Code, is

15 amended—

16 (1) in subsection (c)(1), by striking ‘‘No person

17 sentenced under this subsection shall be eligible for

18 parole during the term of imprisonment imposed

19 herein.’’; and

20 (2) in subsection (e)(1), by striking ‘‘, and such

21 person shall not be eligible for parole with respect to

22 the sentence imposed under this subsection’’.
93

•HR 4197 IH

1 Subtitle D—Miscellaneous

2 SEC. 161. INCREASED PENALTIES FOR TRAVEL ACT CRIMES

3 INVOLVING VIOLENCE AND CONSPIRACY TO

4 COMMIT CONTRACT KILLINGS.

5 (a) TRAVEL ACT PENALTIES.—Section 1952(a) of

6 title 18, United States Code, is amended by striking ‘‘and

7 thereafter performs or attempts to perform any of the acts

8 specified in subparagraphs (1), (2), and (3), shall be fined

9 not more than $10,000 or imprisoned for not more than

10 five years, or both.’’ and inserting ‘‘and thereafter per11 forms or attempts to perform—

12 ‘‘(A) an act described in paragraph (1) or (3)

13 shall be fined under this title, imprisoned not more

14 than 5 years, or both; or

15 ‘‘(B) an act described in paragraph (2) shall be

16 fined under this title, imprisoned for not more than

17 20 years, or both, and if death results shall be im18 prisoned for any term of years or for life.’’.

19 (b) MURDER CONSPIRACY PENALTIES.—Section

20 1958(a) of title 18, United States Code, is amended by

21 inserting ‘‘or who conspires to do so’’ before ‘‘shall be

22 fined’’ the first place it appears.
94

•HR 4197 IH

1 SEC. 162. CRIMINAL OFFENSE FOR FAILING TO OBEY AN

2 ORDER TO LAND A PRIVATE AIRCRAFT.

3 (A) IN GENERAL.—Chapter 109 of title 18, United

4 States Code, is amended by adding at the end the follow5 ing new section:

6 ‘‘§ 2237. Order to land

7 ‘‘(a)(1) A pilot or operator of an aircraft that has

8 crossed the border of the United States, or an aircraft

9 subject to the jurisdiction of the United States operating

10 outside the United States, who intentionally fails to obey

11 an order to land issued by an authorized Federal law en12 forcement officer who has observed conduct or is otherwise

13 in possession of information establishing reasonable sus14 picion that the aircraft is being used unlawfully in viola15 tion of the laws of the United States relating to controlled

16 substances as that term is defined in section 102(6) of

17 the Controlled Substances Act, or section 1956 or 1957

18 of this title (relating to money launderings), shall be fined

19 under this title, or imprisoned for not more than 2 years,

20 or both.

21 ‘‘(2) The Secretary of the Treasury and the Secretary

22 of Transportation, in consultation with the Attorney Gen23 eral, shall make rules governing the means by which a

24 Federal Law enforcement officer may communicate an

25 order to land to a pilot or operator of an aircraft.
95

•HR 4197 IH

1 ‘‘(3) This section does not limit the authority of a

2 customs officer under section 581 of the Tariff Act of

3 1930 or another law the Customs Service enforces or ad4 ministers, or the authority of a Federal law enforcement

5 officer under a law of the United States to order an air6 craft to land.

7 ‘‘(b) A foreign nation may consent or waive objection

8 to the United States enforcing the laws of the United

9 States by radio, telephone, or similar oral or electronic

10 means. Consent or waiver may be proven by certification

11 of the Secretary of State or the Secretary’s designee.

12 ‘‘(c) For purposes of this section—

13 ‘‘(1) the term ‘aircraft subject to the jurisdic14 tion of the United States’ includes—

15 ‘‘(A) an aircraft located over the United

16 States or the customs waters of the United

17 States;

18 ‘‘(B) an aircraft located in the airspace of

19 a foreign nation, when that nation consents to

20 United States enforcement of United States

21 law; and

22 ‘‘(C) over the high seas, an aircraft with23 out nationality, an aircraft of the United States

24 registry, or an aircraft registered in a foreign

25 nation that has consented or waived objection
96

•HR 4197 IH

1 to the United States enforcement of United

2 States law; and

3 ‘‘(2) the term ‘Federal law enforcement officer’

4 has the same meaning that term has in section 115

5 of this title.

6 ‘‘(d) An aircraft that is used in violation of this sec7 tion is liable in rem for a fine imposed under this section;

8 ‘‘(e) An aircraft that is used in violation of this sec9 tion may be seized and forfeited. The laws relating to sei10 zure and forfeiture for violation of the customs laws, in11 cluding available defenses such as innocent owner provi12 sions, apply to aircraft seized or forfeited under this sec13 tion.’’.

14 (b) CLERICAL AMENDMENT.—The table of sections

15 at the beginning of chapter 109 of title 18, United States

16 Code, is amended by adding at the end the following new

17 item:

‘‘2237. Order to land.’’.

18 SEC. 163. AMENDMENT TO THE MANSFIELD AMENDMENT

19 TO PERMIT MARITIME LAW ENFORCEMENT

20 OPERATIONS IN ARCHIPELAGIC WATERS.

21 Section 481(c)(4) of Public Law 87–195 (22 U.S.C.

22 2291(c)) is amended by inserting ‘‘, and archipelagic wa23 ters’’ after ‘‘territorial sea’’.
97

•HR 4197 IH

1 SEC. 164. ENHANCEMENT OF PENALTIES FOR DRUG TRAF2 FICKING IN PRISONS.

3 Section 1791 of title 18, United States Code, is

4 amended—

5 (1) in subsection (c), by inserting before ‘‘Any’’

6 the following new sentence: ‘‘Any punishment im7 posed under subsection (b) for a violation of this

8 section involving a controlled substance shall be con9 secutive to any other sentence imposed by any court

10 for an offense involving such a controlled sub11 stance.’’; and

12 (2) in subsection (d)(1)(A) by inserting after ‘‘a

13 firearm or destructive device’’ the following, ‘‘or a

14 controlled substance in schedule I or II, other than

15 marijuana or a controlled substance referred to in

16 subparagraph (C) of this subsection’’.

17 TITLE II—EQUAL PROTECTION

18 FOR VICTIMS

19 Subtitle A—Victims’ Rights

20 SEC. 201. RIGHT OF THE VICTIM TO FAIR TREATMENT IN

21 LEGAL PROCEEDINGS.

22 The following rules, to be known as the Rules of Pro23 fessional Conduct for Lawyers in Federal Practice, are

24 enacted:
98

•HR 4197 IH

1 ‘‘RULES OF PROFESSIONAL CONDUCT FOR

2 LAWYERS IN FEDERAL PRACTICE

‘‘Rule 1. Scope

‘‘Rule 2. Abuse of Victims and Others Prohibited

‘‘Rule 3. Duty of Enquiry in Relation to Client

‘‘Rule 4. Duty to Expedite Litigation

‘‘Rule 5. Duty to Prevent Commission of Crime

3 ‘‘Rule 1. Scope

4 ‘‘(a) These rules apply to the conduct of lawyers in

5 their representation of clients in relation to proceedings

6 and potential proceedings before Federal tribunals.

7 ‘‘(b) For purposes of these rules, ‘Federal tribunal’

8 and ‘tribunal’ mean a court of the United States.

9 ‘‘Rule 2. Abuse of Victims and Others Prohibited

10 ‘‘(a) A lawyer shall not engage in any action or course

11 of conduct for the purpose of increasing the expense of

12 litigation for any person, other than a liability under an

13 order or judgment of a tribunal.

14 ‘‘(b) A lawyer shall not engage in any action or course

15 of conduct that has no substantial purpose other than to

16 distress, harass, embarrass, burden, or inconvenience an17 other person.

18 ‘‘(c) A lawyer shall not offer evidence that the lawyer

19 knows to be false or attempt to discredit evidence that the

20 lawyer knows to be true.
99

•HR 4197 IH

1 ‘‘Rule 3. Duty of Enquiry in Relation to Client

2 ‘‘A lawyer shall attempt to elicit from the client a

3 truthful account of the material facts concerning the mat4 ters in issue. In representing a client charged with a

5 crime, the duty of enquiry under this rule includes—

6 ‘‘(1) attempting to elicit from the client a mate7 rially complete account of the alleged criminal activ8 ity if the client acknowledges involvement in the al9 leged activity; and

10 ‘‘(2) attempting to elicit from the client the ma11 terial facts relevant to a defense of alibi if the client

12 denies such involvement.

13 ‘‘Rule 4. Duty to Expedite Litigation

14 ‘‘(a) A lawyer shall seek to bring about the expedi15 tious conduct and conclusion of litigation.

16 ‘‘(b) A lawyer shall not seek a continuance or other17 wise attempt to delay or prolong proceedings in the hope

18 or expectation that—

19 ‘‘(1) evidence will become unavailable;

20 ‘‘(2) evidence will become more subject to im21 peachment or otherwise less useful to another party

22 because of the passage of time; or

23 ‘‘(3) an advantage will be obtained in relation

24 to another party because of the expense, frustration,

25 distress, or other hardship resulting from prolonged

26 or delayed proceedings.
100

•HR 4197 IH

1 ‘‘Rule 5. Duty to Prevent Commission of Crime

2 ‘‘(a) A lawyer may disclose information relating to

3 the representation of a client to the extent necessary to

4 prevent the commission of a crime or other unlawful act.

5 ‘‘(b) A lawyer shall disclose information relating to

6 the representation of a client where disclosure is required

7 by law. A lawyer shall also disclose such information to

8 the extent necessary to prevent—

9 ‘‘(1) the commission of a crime involving the

10 use or threatened use of force against another, or a

11 substantial risk of death or serious bodily injury to

12 another; or

13 ‘‘(2) the commission of a crime of sexual as14 sault or child molestation.

15 ‘‘(c) For purposes of this rule, ‘crime’ means a crime

16 under the law of the United States or the law of a State,

17 and ‘unlawful act’ means an act in violation of the law

18 of the United States or the law of a State.’’.

19 SEC. 202. RIGHT OF THE VICTIM TO AN IMPARTIAL JURY.

20 Rule 24(b) of the Federal Rules of Criminal Proce21 dure is amended by striking ‘‘the Government is entitled

22 to 6 peremptory challenges and the defendant or defend23 ants jointly to 10 peremptory challenges’’ and inserting

24 ‘‘each side is entitled to 6 peremptory challenges’’.
101

•HR 4197 IH

1 SEC. 203. VICTIM’S RIGHT OF ALLOCUTION IN SENTENCING.

2 Rule 32 of the Federal Rules of Criminal Procedure

3 is amended—

4 (1) by striking ‘‘and’’ at the end of subdivision

5 (a)(1)(B);

6 (2) by striking the period at the end of subdivi7 sion (a)(1)(C) and inserting ‘‘; and’’;

8 (3) by inserting after subdivision (a)(1)(C) the

9 following: ‘‘(D) if sentence is to be imposed for a

10 crime of violence or sexual abuse, address the victim

11 personally if the victim is present at the sentencing

12 hearing and determine if the victim wishes to make

13 a statement and to present any information in rela14 tion to the sentence.’’;

15 (4) in the penultimate sentence of subdivision

16 (a)(1) by striking ‘‘equivalent opportunity’’ and in17 serting ‘‘opportunity equivalent to that of the de18 fendant’s counsel’’;

19 (5) in the last sentence of subdivision (a)(1) by

20 inserting ‘‘the victim,’’ before ‘‘, or the attorney for

21 the Government.’’; and

22 (6) by adding at the end the following new

23 subdivision:

24 ‘‘(f) DEFINITIONS.—For purposes of this rule—

25 ‘‘(1) ‘crime of violence or sexual abuse’ means

26 a crime that involved the use or attempted or threat-
102

•HR 4197 IH

1 ened use of physical force against the person or

2 property of another, or a crime under chapter 109A

3 of title 18, United States Code; and

4 ‘‘(2) ‘victim’ means an individual against whom

5 an offense for which a sentence is to be imposed has

6 been committed, but the right of allocution under

7 subdivision (a)(1)(D) may be exercised instead by—

8 ‘‘(A) a parent or legal guardian if the vic9 tim is below the age of 18 years or incompetent;

10 or

11 ‘‘(B) one or more family members or rel12 atives designated by the court if the victim is

13 deceased or incapacitated,

14 if such person or persons are present at the sentenc15 ing hearing, regardless of whether the victim is

16 present.’’.

17 SEC. 204. ENFORCEMENT OF RESTITUTION ORDERS

18 THROUGH SUSPENSION OF FEDERAL BENE19 FITS.

20 Section 3663 of title 18, United States Code, is

21 amended—

22 (1) by redesignating subsections (g) and (h) as

23 subsections (h) and (i), respectively; and

24 (2) by inserting after subsection (f) the follow25 ing new subsection:
103

•HR 4197 IH

1 ‘‘(g)(1) If the defendant is delinquent in making res2 titution in accordance with any schedule of payments or

3 any requirement of immediate payment imposed under

4 this section, the court may, after a hearing, suspend the

5 defendant’s eligibility for all Federal benefits until such

6 time as the defendant demonstrates to the court good7 faith efforts to return to such schedule.

8 ‘‘(2) For purposes of this subsection—

9 ‘‘(A) the term ‘Federal benefits’—

10 ‘‘(i) means any grant, contract, loan, pro11 fessional license, or commercial license provided

12 by an agency of the United States or appro13 priated funds of the United States; and

14 ‘‘(ii) does not include any retirement, wel15 fare, Social Security, health, disability, veterans

16 benefit, public housing, or other similar benefit,

17 or any other benefit for which payments or

18 services are required for eligibility; and

19 ‘‘(B) the term ‘veterans benefit’ means all bene20 fits provided to veterans, their families, or survivors

21 by virtue of the service of a veteran in the Armed

22 Forces of the United States.’’.
104

•HR 4197 IH

1 SEC. 205. PROHIBITION OF RETALIATORY KILLINGS OF

2 WITNESSES, VICTIMS AND INFORMANTS.

3 Section 1513 of title 18, United States Code, is

4 amended—

5 (1) by redesignating subsections (a) and (b) as

6 subsections (b) and (c), respectively; and

7 (2) by inserting a new subsection (a) as follows:

8 ‘‘(a)(1) Whoever kills or attempts to kill another per9 son with intent to retaliate against any person for—

10 ‘‘(A) the attendance of a witness or party at an

11 official proceeding, or any testimony given or any

12 record, document, or other object produced by a wit13 ness in an official proceeding; or

14 ‘‘(B) any information relating to the commis15 sion or possible commission of a Federal offense or

16 a violation of conditions of probation, parole or re17 lease pending judicial proceedings given by a person

18 to a law enforcement officer;

19 shall be punished as provided in paragraph (2).

20 ‘‘(2) The punishment for an offense under this sub21 section is—

22 ‘‘(A) in the case of a killing, the punishment

23 provided in sections 1111 and 1112 of this title; and

24 ‘‘(B) in the case of an attempt, imprisonment

25 for not more than twenty years.’’.
105

•HR 4197 IH

1 Subtitle B—Judicial Reform

2 SEC. 211. ADMISSIBILITY OF EVIDENCE OF SIMILAR

3 CRIMES IN SEX OFFENSE CASES.

4 The Federal Rules of Evidence are amended by add5 ing after Rule 412 the following new rules:

6 ‘‘Rule 413. Evidence of Similar Crimes in Sexual Assault Cases

7 ‘‘(a) EVIDENCE ADMISSIBLE.—In a criminal case in

8 which the defendant is accused of an offense of sexual as9 sault, evidence of the defendant’s commission of another

10 offense or offenses of sexual assault is admissible, and

11 may be considered for its bearing on any matter to which

12 it is relevant.

13 ‘‘(b) DISCLOSURE TO DEFENDANT.—In a case in

14 which the government intends to offer evidence under this

15 Rule, the attorney for the government shall disclose the

16 evidence to the defendant, including statements of wit17 nesses or a summary of the substance of any testimony

18 that is expected to be offered, at least 15 days before the

19 scheduled date of trial or at such later time as the court

20 may allow for good cause.

21 ‘‘(c) EFFECT ON OTHER RULES.—This Rule shall

22 not be construed to limit the admission or consideration

23 of evidence under any other Rule.

24 ‘‘(d) DEFINITION.—For purposes of this Rule and

25 Rule 415, ‘offense of sexual assault’ means a crime under
106

•HR 4197 IH

1 Federal law or the law of a State (as defined in section

2 513 of title 18, United States Code) that involved—

3 ‘‘(1) any conduct proscribed by chapter 109A of

4 title 18, United States Code;

5 ‘‘(2) contact, without consent, between any part

6 of the defendant’s body or an object and the genitals

7 or anus of another person;

8 ‘‘(3) contact, without consent, between the geni9 tals or anus of the defendant and any part of an10 other person’s body;

11 ‘‘(4) deriving sexual pleasure or gratification

12 from the infliction of death, bodily injury, or phys13 ical pain on another person; or

14 ‘‘(5) an attempt or conspiracy to engage in con15 duct described in any of paragraphs (1) through (4).

16 ‘‘Rule 414. Evidence of Similar Crimes in Child Molestation

17 Cases

18 ‘‘(a) EVIDENCE ADMISSIBLE.—In a criminal case in

19 which the defendant is accused of an offense of child mo20 lestation, evidence of the defendant’s commission of an21 other offense or offenses of child molestation is admissible,

22 and may be considered for its bearing on any matter to

23 which it is relevant.

24 ‘‘(b) DISCLOSURE TO DEFENDANT.—In a case in

25 which the government intends to offer evidence under this
107

•HR 4197 IH

1 Rule, the attorney for the government shall disclose the

2 evidence to the defendant, including statements of wit3 nesses or a summary of the substance of any testimony

4 that is expected to be offered, at least 15 days before the

5 scheduled date of trial or at such later time as the court

6 may allow for good cause.

7 ‘‘(c) EFFECT ON OTHER RULES.—This Rule shall

8 not be construed to limit the admission or consideration

9 of evidence under any other Rule.

10 ‘‘(d) DEFINITION.—For purposes of this Rule and

11 Rule 415, ‘child’ means a person below the age of 14

12 years, and ‘offense of child molestation’ means a crime

13 under Federal law or the law of a State (as defined in

14 section 513 of title 18, United States Code) that in15 volved—

16 ‘‘(1) any conduct proscribed by chapter 109A of

17 title 18, United States Code, that was committed in

18 relation to a child;

19 ‘‘(2) any conduct proscribed by chapter 110 of

20 title 18, United States Code;

21 ‘‘(3) contact between any part of the defend22 ant’s body or an object and the genitals or anus of

23 a child;

24 ‘‘(4) contact between the genitals or anus of the

25 defendant and any part of the body of a child;
108

•HR 4197 IH

1 ‘‘(5) deriving sexual pleasure or gratification

2 from the infliction of death, bodily injury, or phys3 ical pain on a child; or

4 ‘‘(6) an attempt or conspiracy to engage in con5 duct described in any of paragraphs (1) through (5).

6 ‘‘Rule 415. Evidence of Similar Acts in Civil Cases Concerning

7 Sexual Assault or Child Molestation

8 ‘‘(a) EVIDENCE ADMISSIBLE.—In a civil case in

9 which a claim for damages or other relief is predicated

10 on a party’s alleged commission of conduct constituting

11 an offense of sexual assault or child molestation, evidence

12 of that party’s commission of another offense or offenses

13 of sexual assault or child molestation is admissible and

14 may be considered as provided in Rule 413 and Rule 414

15 of these Rules.

16 ‘‘(b) DISCLOSURE TO OTHER PARTIES.—A party who

17 intends to offer evidence under this Rule shall disclose the

18 evidence to the party against whom it will be offered, in19 cluding statements of witnesses or a summary of the sub20 stance of any testimony that is expected to be offered, at

21 least 15 days before the scheduled date of trial or at such

22 later time as the court may allow for good cause.

23 ‘‘(c) EFFECT ON OTHER RULES.—This Rule shall

24 not be construed to limit the admission or consideration

25 of evidence under any other Rule.’’.
109

•HR 4197 IH

1 SEC. 212. EXTENSION AND STRENGTHENING OF RAPE VIC2 TIM SHIELD LAW.

3 (a) AMENDMENTS TO RAPE VICTIM SHIELD LAW.—

4 Rule 412 of the Federal Rules of Evidence is amended—

5 (1) in subdivisions (a) and (b), by striking

6 ‘‘criminal case’’ and inserting ‘‘criminal or civil

7 case’’;

8 (2) in subdivisions (a) and (b), by striking ‘‘an

9 offense under chapter 109A of title 18, United

10 States Code,’’ and inserting ‘‘an offense or civil

11 wrong involving conduct proscribed by chapter 109A

12 of title 18, United States Code, whether or not the

13 conduct occurred in the special maritime and terri14 torial jurisdiction of the United States or in a Fed15 eral prison,’’;

16 (3) in subdivision (a), by striking ‘‘victim of

17 such offense’’ and inserting ‘‘victim of such con18 duct’’;

19 (4) in subdivision (c)—

20 (A) by striking in paragraph (1) ‘‘the per21 son accused of committing an offense under

22 chapter 109A of title 18, United States Code’’

23 and inserting ‘‘the accused’’; and

24 (B) by inserting at the end of paragraph

25 (3) the following: ‘‘An order admitting evidence

26 under this paragraph shall explain the reason-
110

•HR 4197 IH

1 ing leading to the finding of relevance, and the

2 basis of the finding that the probative value of

3 the evidence outweighs the danger of unfair

4 prejudice notwithstanding the potential of the

5 evidence to humiliate and embarrass the alleged

6 victim and to result in unfair or biased infer7 ences.’’; and

8 (5) in subdivision (d), by striking ‘‘an offense

9 under chapter 109A of title 18, United States Code’’

10 and inserting ‘‘the conduct proscribed by chapter

11 109A of title 18, United States Code,’’.

12 (b) INTERLOCUTORY APPEAL.—Section 3731 of title

13 18, United States Code, is amended by inserting after the

14 second paragraph the following:

15 ‘‘An appeal by the United States before trial shall

16 lie to a court of appeals from an order of a district court

17 admitting evidence of an alleged victim’s past sexual be18 havior in a criminal case in which the defendant is charged

19 with an offense involving conduct proscribed by chapter

20 109A of this title, whether or not the conduct occurred

21 in the special maritime and territorial jurisdiction of the

22 United States or in a Federal prison.’’.
111

•HR 4197 IH

1 SEC. 213. INADMISSIBILITY OF EVIDENCE TO SHOW PROVO2 CATION OR INVITATION BY VICTIM IN SEX

3 OFFENSE CASES.

4 The Federal Rules of Evidence are amended by add5 ing after Rule 415 (as added by section 421 of this Act)

6 the following:

7 ‘‘Rule 416. Inadmissibility of evidence to show invita8 tion or provocation by victim in sexual

9 abuse cases

10 ‘‘In a criminal case in which a person is accused of

11 an offense involving conduct proscribed by chapter 109A

12 of title 18, United States Code, whether or not the conduct

13 occurred in the special maritime and territorial jurisdic14 tion of the United States or in a Federal prison, evidence

15 is not admissible to show that the alleged victim invited

16 or provoked the commission of the offense. This Rule does

17 not limit the admission of evidence of consent by the al18 leged victim if the issue of consent is relevant to liability

19 and the evidence is otherwise admissible under these

20 Rules.’’.

21 SEC. 214. ADMISSIBILITY OF CERTAIN EVIDENCE.

22 (a) IN GENERAL.—Chapter 223 of title 18, United

23 States Code, is amended by adding at the end the follow24 ing:
112

•HR 4197 IH

1 ‘‘§ 3510. Admissibility of evidence obtained by search

2 or seizure

3 ‘‘(a) EVIDENCE OBTAINED BY OBJECTIVELY REA4 SONABLE SEARCH OR SEIZURE.—Evidence which is ob5 tained as a result of a search or seizure shall not be ex6 cluded in a proceeding in a court of the United States

7 on the ground that the search or seizure was in violation

8 of the fourth amendment to the Constitution of the United

9 States, if the search or seizure was carried out in cir10 cumstances justifying an objectively reasonable belief that

11 it was in conformity with the fourth amendment. The fact

12 that evidence was obtained pursuant to and within the

13 scope of a warrant constitutes prima facie evidence of the

14 existence of such circumstances.

15 ‘‘(b) EVIDENCE NOT EXCLUDABLE BY STATUTE OR

16 RULE.—Evidence shall not be excluded in a proceeding

17 in a court of the United States on the ground that it was

18 obtained in violation of a statute, an administrative rule

19 or regulation, or a rule of procedure unless exclusion is

20 expressly authorized by statute or by a rule prescribed by

21 the Supreme Court pursuant to statutory authority.

22 ‘‘(c) RULE OF CONSTRUCTION.—This section shall

23 not be construed to require or authorize the exclusion of

24 evidence in any proceeding.’’.
113

•HR 4197 IH

1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of chapter 223 of title 18, United States

3 Code, is amended by adding at the end the following:

‘‘3510. Admissibility of evidence obtained by search or seizure.’’.

4 SEC. 215. GENERAL SAFEGUARDS AGAINST RACIAL PREJU5 DICE OR BIAS IN THE TRIBUNAL.

6 In a criminal trial in a court of the United States,

7 or of any State—

8 (1) on motion of the defense attorney or pros9 ecutor, the risk of racial prejudice or bias shall be

10 examined on voir dire if there is a substantial likeli11 hood in the circumstances of the case that such prej12 udice or bias will affect the jury either against or in

13 favor of the defendant;

14 (2) on motion of the defense attorney or pros15 ecutor, a change of venue shall be granted if an im16 partial jury cannot be obtained in the original venue

17 because of racial prejudice or bias; and

18 (3) neither the prosecutor nor the defense at19 torney shall make any appeal to racial prejudice or

20 bias in statements before the jury.

21 SEC. 216 PROTECTION OF JURORS AND WITNESSES IN CAP22 ITAL CASES.

23 Section 3432 of title 18, United States Code, is

24 amended by inserting before the period the following: ‘‘,

25 except that such list of the veniremen and witnesses need
114

•HR 4197 IH

1 not be furnished if the court finds by a preponderance of

2 the evidence that providing the list may jeopardize the life

3 or safety of any person’’.

4 SEC. 217. PROTECTION OF COURT OFFICERS AND JURORS.

5 Section 1503 of title 18, United States Code, is

6 amended—

7 (1) by designating the current text as sub8 section (a);

9 (2) by striking ‘‘fined not more than $5,000 or

10 imprisoned not more than five years, or both.’’ and

11 inserting ‘‘punished as provided in subsection (b).’’;

12 (3) by adding at the end the following:

13 ‘‘(b) The punishment for an offense under this sec14 tion is—

15 ‘‘(1) in the case of a killing, the punishment

16 provided in sections 1111 and 1112 of this title;

17 ‘‘(2) in the case of an attempted killing, or a

18 case in which the offense was committed against a

19 petit juror and in which a class A or B felony was

20 charged, imprisonment for not more than twenty

21 years; and

22 ‘‘(3) in any other case, imprisonment for not

23 more than ten years.’’; and
115

•HR 4197 IH

1 (4) in subsection (a), as designated by this sec2 tion, by striking ‘‘commissioner’’ each place it ap3 pears and inserting ‘‘magistrate judge’’.

4 SEC. 218. DEATH PENALTY FOR MURDER OF FEDERAL WIT5 NESSES.

6 Section 1512(a)(2)(A) of title 18, United States

7 Code, is amended to read as follows:

8 ‘‘(A) in the case of murder as defined in section

9 1111 of this title, the death penalty or imprisonment

10 for life, and in the case of any other killing, the pun11 ishment provided in section 1112 of this title;’’.

12 SEC. 219. AMENDMENT OF RESTITUTION PROVISIONS.

13 (a) ORDER OF RESTITUTION.—Section 3663 of title

14 18, United States Code, is amended—

15 (1) in subsection (a) by—

16 (A) striking ‘‘(a) The court’’ and inserting

17 ‘‘(a)(1) The court’’;

18 (B) striking ‘‘may order’’ and inserting

19 ‘‘shall order’’; and

20 (C) adding at the end thereof the following

21 new paragraph:

22 ‘‘(4) In addition to ordering restitution of the victim

23 of the offense of which a defendant is convicted, a court

24 may order restitution of any person who, as shown by a

25 preponderance of evidence, was harmed physically, emo-
116

•HR 4197 IH

1 tionally, or pecuniarily, by unlawful conduct of the defend2 ant during—

3 ‘‘(A) the criminal episode during which the of4 fense occurred; or

5 ‘‘(B) the course of a scheme, conspiracy, or pat6 tern of unlawful activity related to the offense.’’;

7 (2) in subsection (b)(1)(A) by striking ‘‘imprac8 tical’’ and inserting ‘‘impracticable’’;

9 (3) in subsection (b)(2) by inserting ‘‘emotional

10 or’’ after ‘‘resulting in’’;

11 (4) in subsection (c) by striking ‘‘If the Court

12 decides to order restitution under this section, the’’

13 and inserting ‘‘The’’;

14 (5) by striking subsections (d), (e), (f), (g), and

15 (h); and

16 (6) by adding at the end thereof the following

17 new subsections:

18 ‘‘(d)(1) The court shall order restitution to a victim

19 in the full amount of the victim’s losses as determined by

20 the court and without consideration of—

21 ‘‘(A) the economic circumstances of the of22 fender; or

23 ‘‘(B) the fact that a victim has received or is

24 entitled to receive compensation with respect to a

25 loss from insurance or any other source.
117

•HR 4197 IH

1 ‘‘(2) Upon determination of the amount of restitution

2 owed to each victim, the court shall specify in the restitu3 tion order the manner in which and the schedule according

4 to which the restitution is to be paid, in consideration of—

5 ‘‘(A) the financial resources and other assets of

6 the offender;

7 ‘‘(B) projected earnings and other income of

8 the offender; and

9 ‘‘(C) any financial obligations of the offender,

10 including obligations to dependents.

11 ‘‘(3) A restoration order may direct the offender to

12 make a single, lump-sum payment, partial payment at

13 specified intervals, or such in-kind payments as may be

14 agreeable to the victim and the offender.

15 ‘‘(4) An in-kind payment described in paragraph (3)

16 may be in the form of—

17 ‘‘(A) return of property;

18 ‘‘(B) replacement of property; or

19 ‘‘(C) services rendered to the victim or to a per20 son or organization other than the victim.

21 ‘‘(e) When the court finds that more than 1 offender

22 has contributed to the loss of a victim, the court may make

23 each offender liable for payment of the full amount of res24 titution or may apportion liability among the offenders to
118

•HR 4197 IH

1 reflect the level of contribution and economic cir2 cumstances of each offender.

3 ‘‘(f) When the court finds that more than 1 victim

4 has sustained a loss requiring restitution by an offender,

5 the court shall order full restitution of each victim but may

6 provide for different payment schedules to reflect the eco7 nomic circumstances of each victim.

8 ‘‘(g)(1) If the victim has received or is entitled to re9 ceive compensation with respect to a loss from insurance

10 or any other source, the court shall order that restitution

11 be paid to the person who provided or is obligated to pro12 vide the compensation, but the restitution order shall pro13 vide that all restitution of victims required by the order

14 be paid to the victims before any restitution is paid to

15 such a provider of compensation.

16 ‘‘(2) The issuance of a restitution order shall not af17 fect the entitlement of a victim to receive compensation

18 with respect to a loss from insurance or any other source

19 until the payments actually received by the victim under

20 the restitution order fully compensate the victim for the

21 loss, at which time a person that has provided compensa22 tion to the victim shall be entitled to receive any payments

23 remaining to be paid under the restitution order.
119

•HR 4197 IH

1 ‘‘(3) Any amount paid to a victim under an order of

2 restitution shall be set off against any amount later recov3 ered as compensatory damages by the victim in—

4 ‘‘(A) any Federal civil proceeding; and

5 ‘‘(B) any State civil proceeding, to the extent

6 provided by the law of the State.

7 ‘‘(h) A restitution order shall provide that—

8 ‘‘(1) all fines, penalties, costs, restitution pay9 ments and other forms of transfers of money or

10 property made pursuant to the sentence of the court

11 shall be made by the offender to the clerk of the

12 court for accounting and payment by the clerk in ac13 cordance with this subsection;

14 ‘‘(2) the clerk of the court shall—

15 ‘‘(A) log all transfers in a manner that

16 tracks the offender’s obligations and the cur17 rent status in meeting those obligations, unless,

18 after efforts have been made to enforce the res19 titution order and it appears that compliance

20 cannot be obtained, the court determines that

21 continued recordkeeping under this subpara22 graph would not be useful;

23 ‘‘(B) notify the court and the interested

24 parties when an offender is 90 days in arrears

25 in meeting those obligations; and
120

•HR 4197 IH

1 ‘‘(C) disburse money received from an of2 fender so that each of the following obligations

3 is paid in full in the following sequence:

4 ‘‘(i) a penalty assessment under sec5 tion 3013 of title 18, United States Code;

6 ‘‘(ii) restitution of all victims; and

7 ‘‘(iii) all other fines, penalties, costs,

8 and other payments required under the

9 sentence; and

10 ‘‘(3) the offender shall advise the clerk of the

11 court of any change in the offender’s address during

12 the term of the restitution order.

13 ‘‘(i) A restitution order shall constitute a lien against

14 all property of the offender and may be recorded in any

15 Federal or State office for the recording of liens against

16 real or personal property.

17 ‘‘(j) Compliance with the schedule of payment and

18 other terms of a restitution order shall be a condition of

19 any probation, parole, or other form of release of an of20 fender. If a defendant fails to comply with a restitution

21 order, the court may revoke probation or a term of super22 vised release, modify the term or conditions of probation

23 or a term of supervised release, hold the defendant in con24 tempt of court, enter a restraining order or injunction,

25 order the sale of property of the defendant, accept a per-
121

•HR 4197 IH

1 formance bond, or take any other action necessary to ob2 tain compliance with the restitution order. In determining

3 what action to take, the court shall consider the defend4 ant’s employment status, earning ability, financial re5 sources, the willfulness in failing to comply with the res6 titution order, and any other circumstances that may have

7 a bearing on the defendant’s ability to comply with the

8 restitution order.

9 ‘‘(k) An order of restitution may be enforced—

10 ‘‘(1) by the United States—

11 ‘‘(A) in the manner provided for the collec12 tion and payment of fines in subchapter (B) of

13 chapter 229 of this title; or

14 ‘‘(B) in the same manner as a judgment in

15 a civil action; and

16 ‘‘(2) by a victim named in the order to receive

17 the restitution, in the same manner as a judgment

18 in a civil action.

19 ‘‘(l) A victim or the offender may petition the court

20 at any time to modify a restitution order as appropriate

21 in view of a change in the economic circumstances of the

22 offender.’’.

23 (b) PROCEDURE FOR ISSUING ORDER OF RESTITU24 TION.—Section 3664 of title 18, United States Code, is

25 amended—
122

•HR 4197 IH

1 (1) by striking subsection (a);

2 (2) by redesignating subsections (b), (c), (d),

3 and (e) as subsections (a), (b), (c), and (d);

4 (3) by amending subsection (a), as redesignated

5 by paragraph (2), to read as follows:

6 ‘‘(a) The court may order the probation service of the

7 court to obtain information pertaining to the amount of

8 loss sustained by any victim as a result of the offense,

9 the financial resources of the defendant, the financial

10 needs and earning ability of the defendant and the defend11 ant’s dependents, and such other factors as the court

12 deems appropriate. The probation service of the court

13 shall include the information collected in the report of

14 presentence investigation or in a separate report, as the

15 court directs.’’; and

16 (4) by adding at the end thereof the following

17 new subsection:

18 ‘‘(e) The court may refer any issue arising in connec19 tion with a proposed order of restitution to a magistrate

20 or special master for proposed findings of fact and rec21 ommendations as to disposition, subject to a de novo de22 termination of the issue by the court.’’.
123

•HR 4197 IH

1 TITLE III—PROTECTING

2 FAMILIES AND COMMUNITIES

3 Subtitle A—Safe Neighborhoods

4 SEC. 301. INCREASED PENALTIES FOR DRUG TRAFFICKING

5 NEAR SCHOOLS.

6 Section 419 of the Controlled Substances Act (21

7 U.S.C. 860) is amended—

8 (1) in subsection (a) by striking ‘‘one year’’ and

9 inserting ‘‘3 years’’; and

10 (2) in subsection (b) by striking ‘‘three years’’

11 each place it appears and inserting ‘‘5 years’’.

12 SEC. 302. FEDERAL SAFE SCHOOL DISTRICTS.

13 (a) ELECTION TO QUALIFY.—

14 (1) IN GENERAL.—By decision of a local edu15 cational agency or by referendum of the voters in a

16 school district served by a local educational agency,

17 a school district may elect to qualify as a Federal

18 safe school district under this section.

19 (2) DEFINITION.—For purposes of this section,

20 the term ‘‘local educational agency’’ shall have the

21 meaning given such term in section 1471(12) of the

22 Elementary and Secondary Education Act of 1965.

23 (b) FUNDING FOR ENHANCED SCHOOL SECURITY.—

24 (1) IN GENERAL.—The Attorney General may

25 make a grant to a local educational agency serving
124

•HR 4197 IH

1 a Federal safe school district or to a local law en2 forcement agency with jurisdiction over the school

3 district, as appropriate, to pay for enhanced school

4 security measures.

5 (2) ENHANCED SCHOOL SECURITY MEAS6 URES.—The measures that may be funded by a

7 grant under paragraph (1) include—

8 (A) equipping schools with metal detectors,

9 fences, closed circuit cameras, and other phys10 ical security measures;

11 (B) providing increased police patrols in

12 and around schools, including police hired pur13 suant to this title;

14 (C) mailings to parents at the beginning of

15 the school year stating that the possession of a

16 gun or other weapon in school will not be toler17 ated by school authorities;

18 (D) signs on each school indicating that

19 the school is part of a Federal Safe School Dis20 trict; and

21 (E) gun hotlines.

22 SEC. 303. ENHANCED LOCAL LAW ENFORCEMENT.

23 (a) IN GENERAL.—Title I of the Omnibus Crime

24 Control and Safe Streets Act of 1968 (42 U.S.C. 3711

25 et seq.) is amended—
125

•HR 4197 IH

1 (1) by redesignating part Q as part R;

2 (2) by redesignating section 1701 as section

3 1801; and

4 (3) by inserting after part P the following:

5 ‘‘PART Q—COPS ON THE STREET GRANTS

6 ‘‘SEC. 1701. GRANT AUTHORIZATION.

7 ‘‘The Director of the Bureau of Justice Assistance

8 may make not less than 50, but not more than 100 grants

9 to units of local government for the purposes of increasing

10 police presence in the community.

11 ‘‘SEC. 1702. APPLICATION.

12 ‘‘(a) IN GENERAL.—To be eligible to receive a grant

13 under this part, a chief executive of a unit of local govern14 ment, shall submit an application to the Director. The ap15 plication shall contain the information required under sub16 section (b) and be in such form and contain such other

17 information as the Director may reasonably require.

18 ‘‘(b) GENERAL CONTENTS.—Each application under

19 subsection (a) shall include a crime reduction plan which

20 includes—

21 ‘‘(1) a request for funds available under this

22 part for the purposes described in section 1701;

23 ‘‘(2) a description of the areas and populations

24 to be served by the grant and a description of the
126

•HR 4197 IH

1 crime problems within the areas targeted for assist2 ance;

3 ‘‘(3) information required to be considered by

4 the Director under section 1704;

5 ‘‘(4) assurances that Federal funds received

6 under this part shall be used to supplement, not

7 supplant, non-Federal funds that would otherwise be

8 available for activities funded under this part;

9 ‘‘(5) detailed accounts of expenditures for law

10 enforcement for the preceding 5-year period prior to

11 receiving a grant under this part;

12 ‘‘(6) detailed accounts of local expenditures for

13 law enforcement during any prior years in which

14 grants were received under this part;

15 ‘‘(7) a description of how a portion of the grant

16 would be used to ensure the safety of public and pri17 vate elementary and secondary schools; and

18 ‘‘(8) an evaluation component, including per19 formance standards and quantifiable goals to be

20 used to determine project progress and the data to

21 be collected to measure progress toward meeting the

22 plan’s goals.

23 ‘‘SEC. 1703. ADMINISTRATIVE COSTS; GRANT RENEWAL.

24 ‘‘(a) ADMINISTRATIVE COST LIMITATION.—The Di25 rector shall use not more than 5 percent of the funds avail-
127

•HR 4197 IH

1 able under this part for the purposes of administration,

2 technical assistance, and evaluation.

3 ‘‘(b) RENEWAL OF GRANTS.—A grant under this

4 part may be renewed, subject to the availability of funds,

5 if the Director determines that the funds made available

6 to the recipient during the previous year were used in a

7 manner required under the approved application and the

8 requirements of this part.

9 ‘‘SEC. 1704. SELECTION OF RECIPIENTS.

10 ‘‘In awarding grants to units of local government

11 under this part, the Director shall consider—

12 ‘‘(1) the crime rate per capita in the unit of

13 local government for violent crime, including murder,

14 rape, robbery, assault with a weapon, and kidnap15 ping; and

16 ‘‘(2) the rate of increase of violent crime in

17 such unit of local government over the most recent

18 3-year period for which statistics are available.

19 ‘‘SEC. 1705. REPORTS.

20 ‘‘(a) REPORT TO DIRECTOR.—Recipients who receive

21 funds under this part shall submit to the Director not

22 later than March 1 of each year a report that describes

23 progress achieved in carrying out the plan required under

24 section 1702(b).
128

•HR 4197 IH

1 ‘‘(b) REPORT TO CONGRESS.—The Director shall

2 submit to the Congress a report by October 1 of each year

3 that shall contain a detailed statement regarding grant

4 awards, activities of grant recipients, and an evaluation

5 of projects established under this part.

6 ‘‘SEC. 1706. DEFINITION.

7 ‘‘For the purposes of this part, the term ‘Director’

8 means the Director of the Bureau of Justice Assistance.’’.

9 (b) CONFORMING AMENDMENT.—The table of con10 tents of title I of the Omnibus Crime Control and Safe

11 Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended

12 by striking the matter relating to part Q and inserting

13 the following:

‘‘PART Q—COMMUNITY POLICING; COP ON THE BEAT GRANTS

‘‘Sec. 1701. Grant authorization.

‘‘Sec. 1702. Application.

‘‘Sec. 1703. Allocation of funds; limitation on grants.

‘‘Sec. 1704. Award of grants.

‘‘Sec. 1705. Reports.

‘‘Sec. 1706. Definitions.

‘‘PART R—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 1801. Continuation of rules, authorities, and proceedings.’’.

14 SEC. 304. AUTHORIZATION OF APPROPRIATIONS.

15 Section 1001(a) of title I of the Omnibus Crime Con16 trol and Safe Streets Act of 1968 (42 U.S.C. 3793) is

17 amended by adding at the end the following:

18 ‘‘(12) There are authorized to be appropriated

19 $330,000,000 for each of the fiscal years 1994 through

20 1998 to carry out the projects under part Q.’’.
129

•HR 4197 IH

1 SEC. 305. COMMUNITY POLICING GRANTS.

2 (a) IN GENERAL.—Title I of the Omnibus Crime

3 Control and Safe Streets Act of 1968 (42 U.S.C. 3711

4 et seq.), as amended by section 112(a), is amended—

5 (1) by redesignating part R as part S;

6 (2) by redesignating section 1801 as section

7 1901; and

8 (3) by inserting after part Q the following new

9 part:

10 ‘‘PART R—COMMUNITY POLICING GRANTS

11 ‘‘SEC. 1801. GRANT AUTHORIZATION.

12 ‘‘(a) GRANT PROJECTS.—The Director of the Bureau

13 of Justice Assistance may make grants to units of local

14 government and to community groups to establish or ex15 pand cooperative efforts between police and a community

16 for the purposes of increasing police presence in the com17 munity, including—

18 ‘‘(1) developing innovative neighborhood-ori19 ented policing programs;

20 ‘‘(2) providing new technologies to reduce the

21 amount of time officers spend processing cases in22 stead of patrolling the community;

23 ‘‘(3) purchasing equipment to improve commu24 nications between officers and the community and to

25 improve the collection, analysis, and use of informa26 tion about crime-related community problems;
130

•HR 4197 IH

1 ‘‘(4) developing policies that reorient police em2 phasis from reacting to crime to preventing crime;

3 ‘‘(5) creating decentralized police substations

4 throughout the community to encourage interaction

5 and cooperation between the public and law enforce6 ment personnel on a local level;

7 ‘‘(6) providing training and problem solving for

8 community crime problems;

9 ‘‘(7) providing training in cultural differences

10 for law enforcement officials;

11 ‘‘(8) developing community-based crime preven12 tion programs, such as safety programs for senior

13 citizens, community anticrime groups, and other

14 anticrime awareness programs;

15 ‘‘(9) developing crime prevention programs in

16 communities that have experienced a recent increase

17 in gang-related violence; and

18 ‘‘(10) developing projects following the model

19 under subsection (b).

20 ‘‘(b) MODEL PROJECT.—The Director shall develop

21 a written model that informs community members regard22 ing—

23 ‘‘(1) how to identify the existence of a drug or

24 gang house;
131

•HR 4197 IH

1 ‘‘(2) what civil remedies, such as public nui2 sance violations and civil suits in small claims court,

3 are available; and

4 ‘‘(3) what mediation techniques are available

5 between community members and individuals who

6 have established a drug or gang house in the com7 munity.

8 ‘‘SEC. 1802. APPLICATION.

9 ‘‘(a) IN GENERAL.—(1) To be eligible to receive a

10 grant under this part, a chief executive of a unit of local

11 government, a duly authorized representative of a com12 bination of local governments within a geographic region,

13 or a community group shall submit an application to the

14 Director in such form and containing such information as

15 the Director may reasonably require.

16 ‘‘(2) In an application under paragraph (1), a single

17 office, or agency (public, private, or nonprofit) shall be

18 designated as responsible for the coordination, implemen19 tation, administration, accounting, and evaluation of serv20 ices described in the application.

21 ‘‘(b) GENERAL CONTENTS.—Each application under

22 subsection (a) shall include—

23 ‘‘(1) a request for funds available under this

24 part for the purposes described in section 1801;
132

•HR 4197 IH

1 ‘‘(2) a description of the areas and populations

2 to be served by the grant; and

3 ‘‘(3) assurances that Federal funds received

4 under this part shall be used to supplement, not

5 supplant, non-Federal funds that would otherwise be

6 available for activities funded under this part.

7 ‘‘(c) COMPREHENSIVE PLAN.—Each application shall

8 include a comprehensive plan that contains—

9 ‘‘(1) a description of the crime problems within

10 the areas targeted for assistance;

11 ‘‘(2) a description of the projects to be devel12 oped;

13 ‘‘(3) a description of the resources available in

14 the community to implement the plan together with

15 a description of the gaps in the plan that cannot be

16 filled with existing resources;

17 ‘‘(4) an explanation of how the requested grant

18 shall be used to fill those gaps;

19 ‘‘(5) a description of the system the applicant

20 shall establish to prevent and reduce crime problems;

21 and

22 ‘‘(6) an evaluation component, including per23 formance standards and quantifiable goals the appli24 cant shall use to determine project progress, and the
133

•HR 4197 IH

1 data the applicant shall collect to measure progress

2 toward meeting project goals.

3 ‘‘SEC. 1803. ALLOCATION OF FUNDS; LIMITATIONS ON

4 GRANTS.

5 ‘‘(a) ALLOCATION.—The Director shall allocate not

6 less than 75 percent of the funds available under this part

7 to units of local government or combinations of such units

8 and not more than 20 percent of the funds available under

9 this part to community groups.

10 ‘‘(b) ADMINISTRATIVE COST LIMITATION.—The Di11 rector shall use not more than 5 percent of the funds avail12 able under this part for the purposes of administration,

13 technical assistance, and evaluation.

14 ‘‘(c) RENEWAL OF GRANTS.—A grant under this part

15 may be renewed, subject to the availability of funds, if the

16 Director determines that the funds made available to the

17 recipient during the previous year were used in a manner

18 required under the approved application and if the recipi19 ent can demonstrate significant progress toward achieving

20 the goals of the plan required under section 1802(c).

21 ‘‘(d) FEDERAL SHARE.—The Federal share of a

22 grant made under this part may not exceed 75 percent

23 of the total costs of the projects described in the applica24 tion submitted under section 1802 for the fiscal year for

25 which the projects receive assistance under this part.
134

•HR 4197 IH

1 ‘‘SEC. 1804. AWARD OF GRANTS.

2 ‘‘(a) SELECTION OF RECIPIENTS.—The Director

3 shall consider the following factors in awarding grants to

4 units of local government or combinations of such units

5 under this part:

6 ‘‘(1) NEED AND ABILITY.—Demonstrated need

7 and evidence of the ability to provide the services de8 scribed in the plan required under section 1802(c).

9 ‘‘(2) COMMUNITY-WIDE RESPONSE.—Evidence

10 of the ability to coordinate community-wide response

11 to crime.

12 ‘‘(3) MAINTAIN PROGRAM.—The ability to

13 maintain a program to control and prevent crime

14 after funding under this part is no longer available.

15 ‘‘(b) GEOGRAPHIC DISTRIBUTION.—The Director

16 shall attempt to achieve, to the extent practicable, an equi17 table geographic distribution of grant awards.

18 ‘‘SEC. 1805. REPORTS.

19 ‘‘(a) REPORT TO DIRECTOR.—Recipients who receive

20 funds under this part shall submit to the Director not

21 later than March 1 of each year a report that describes

22 progress achieved in carrying out the plan required under

23 section 1802(c).

24 ‘‘(b) REPORT TO CONGRESS.—The Director shall

25 submit to the Congress a report by October 1 of each year

26 containing—
135

•HR 4197 IH

1 ‘‘(1) a detailed statement regarding grant

2 awards and activities of grant recipients; and

3 ‘‘(2) an evaluation of projects established under

4 this part.

5 ‘‘SEC. 1806. DEFINITIONS.

6 ‘‘In this part—

7 ‘‘ ‘community group’ means a community-based

8 nonprofit organization that has a primary purpose of

9 crime prevention.

10 ‘‘ ‘Director’ means the Director of the Bureau

11 of Justice Assistance.’’.

12 (b) TECHNICAL AMENDMENT.—The table of contents

13 of title I of the Omnibus Crime Control and Safe Streets

14 Act of 1968 (42 U.S.C. 3711 et seq.), as amended by sec15 tion 112(b), is amended by striking the matter relating

16 to part R and inserting the following:

‘‘PART R—COMMUNITY POLICING GRANTS

‘‘Sec. 1801. Grant authorization.

‘‘Sec. 1802. Application.

‘‘Sec. 1803. Allocation of funds; limitations on grants.

‘‘Sec. 1804. Award of grants.

‘‘Sec. 1805. Reports.

‘‘Sec. 1806. Definitions.

‘‘PART S—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 1901. Continuation of rules, authorities, and proceedings.’’.

17 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

18 1001(a) of title I of the Omnibus Crime Control and Safe

19 Streets Act of 1968 (42 U.S.C. 3793(a)), as amended by

20 section 112(c), is amended—
136

•HR 4197 IH

1 (1) in paragraph (3) by striking ‘‘and Q’’ and

2 inserting ‘‘Q and R’’; and

3 (2) by adding at the end the following new

4 paragraph:

5 ‘‘(13) There are authorized to be appropriated

6 $70,000,000 for each of the fiscal years 1994 through

7 1998.’’.

8 SEC. 306. ADDITION OF ANTI-GANG BYRNE GRANT FUNDING

9 OBJECTIVE.

10 Section 501(b) of title I of the Omnibus Crime Con11 trol and Safe Streets Act of 1968 (42 U.S.C. 3751) is

12 amended—

13 (1) in paragraph (20) by striking ‘‘and’’ at the

14 end;

15 (2) in paragraph (21) by striking the period

16 and inserting ‘‘; and’’; and

17 (3) by inserting after paragraph (21) the fol18 lowing new paragraph:

19 ‘‘(22) law enforcement and prevention programs

20 relating to gangs, or to youth who are involved or

21 at risk of involvement in gangs.’’.

22 SEC. 307. INCREASED PENALTIES FOR DRUG TRAFFICKING

23 NEAR PUBLIC HOUSING.

24 Section 419 of the Controlled Substances Act (21

25 U.S.C. 860) is amended—
137

•HR 4197 IH

1 (1) in subsection (a) by striking ‘‘playground,

2 or within’’ and inserting ‘‘playground, or housing fa3 cility owned by a public housing authority, or with4 in’’; and

5 (2) in subsection (b) by striking ‘‘playground,

6 or within’’ and inserting ‘‘playground, or housing fa7 cility owned by a public housing authority, or with8 in’’.

9 Subtitle B—Crimes Against

10 Children

11 SEC. 311. DEATH PENALTY FOR MURDER DURING THE SEX12 UAL EXPLOITATION OF CHILDREN.

13 Section 2251(d) of title 18, United States Code, is

14 amended by adding at the end the following: ‘‘Whoever,

15 in the course of an offense under this section, engages in

16 conduct that results in the death of a person, shall be pun17 ished by death or imprisoned for any term of years or for

18 life.’’.

19 SEC. 312. INCREASED PENALTIES FOR SEX OFFENSES

20 AGAINST VICTIMS BELOW THE AGE OF 16.

21 Paragraph (2) of section 2247 of title 18, United

22 States Code, as so redesignated by section 403(a) is

23 amended—

24 (1) in subparagraph (B) by striking ‘‘or’’ after

25 the semicolon;
138

•HR 4197 IH

1 (2) in subparagraph (C) by striking ‘‘; and’’

2 and inserting ‘‘; or’’; and

3 (3) by inserting a new subparagraph (D) as fol4 lows:

5 ‘‘(D) the intentional touching, not through the

6 clothing, of the genitalia of another person who has

7 not attained the age of 16 years with an intent to

8 abuse, humiliate, harass, degrade, or arouse or grat9 ify the sexual desire of any person;’’.

10 SEC. 313. PENALTIES FOR INTERNATIONAL TRAFFICKING

11 IN CHILD PORNOGRAPHY.

12 (a) IMPORT RELATED OFFENSE.—Chapter 110 of

13 title 18, United States Code, is amended by adding at the

14 end the following:

15 ‘‘§ 2258. Production of sexually explicit depictions of

16 a minor for importation into the United

17 States

18 ‘‘(a) Any person who, outside the United States, em19 ploys, uses, persuades, induces, entices, or coerces any

20 minor to engage in, or who has a minor assist any other

21 person to engage in, or who transports any minor with

22 the intent that such minor engage in any sexually explicit

23 conduct for the purpose of producing any visual depiction

24 of such conduct, shall be punished as provided under sub25 section (c), if such person intends, knows, or has reason
139

•HR 4197 IH

1 to know that such visual depiction will be imported into

2 the United States or into waters within a distance of 12

3 miles of the coast of the United States.

4 ‘‘(b) Whoever, outside the United States, knowingly

5 receives, transports, ships, distributes, sells, or possesses

6 with intent to transport, ship, sell, or distribute any visual

7 depiction of a minor engaging in sexually explicit conduct

8 if the production of such visual depiction involved the use

9 of a minor engaging in sexually explicit conduct, shall be

10 published as provided under subsection (c), if such person

11 intends, knows, or has reason to know that such visual

12 depiction will be imported into the United States or into

13 waters within a distance of 12 miles of the coast of the

14 United States.

15 ‘‘(c) Any individual who violates this section, or con16 spires or attempts to do so, shall be fined under this title,

17 or imprisoned not more than 10 years, or both, but, if

18 such individual has a prior conviction under this chapter

19 or chapter 109A of this title, such individual shall be fined

20 according to the provisions of this title, or imprisoned not

21 less than five years nor more than 15 years, or both.’’.

22 (b) CLERICAL AMENDMENT.—The table of sections

23 at the beginning of chapter 110 of title 18, United States

24 Code, is amended by adding at the end the following:

‘‘2258. Production of sexually explicit depictions of a minor for importation into

the United States.’’.
140

•HR 4197 IH

1 (c) TECHNICAL AMENDMENT.—Section 2251(d) of

2 title 18, United States Code, is amended—

3 (1) by striking ‘‘not more than $100,000’’ and

4 inserting ‘‘under this title’’;

5 (2) by striking ‘‘not more than $200,000’’ and

6 inserting ‘‘under this title’’; and

7 (3) by striking ‘‘not more than $250,000’’ and

8 inserting ‘‘under this title’’.

9 (d) SECTION 2251 PENALTY ENHANCEMENT.—Sec10 tion 2251(d) of title 18, United States Code, is amended

11 by striking ‘‘this section’’ the second place it appears and

12 inserting ‘‘this chapter or chapter 109A of this title’’.

13 (e) SECTION 2252 PENALTY ENHANCEMENT.—Sec14 tion 2252(b)(1) of title 18, United States Code, is amend15 ed by striking ‘‘this section’’ and inserting ‘‘this chapter

16 or chapter 109A of this title’’.

17 (f) CONSPIRACY AND ATTEMPT.—Sections 2251(d)

18 and 2252(b) of title 18, United States Code, are each

19 amended by inserting ‘‘, or attempts or conspires to do

20 so,’’ after ‘‘violates’’ each place it appears.

21 (g) RICO AMENDMENT.—Section 1961(l) of title 18,

22 United States Code, is amended by striking ‘‘2251–2252’’

23 and inserting ‘‘2251, 2252, or 2258’’.

24 (h) TRANSPORTATION OF MINORS.—Section 2423 of

25 title 18, United States Code, is amended—
141

•HR 4197 IH

1 (1) by inserting ‘‘(a)’’ before ‘‘Whoever’’; and

2 (2) by adding at the end the following:

3 ‘‘(b) Whoever travels in interstate or foreign com4 merce, or conspires to do so, for the purpose of engaging

5 in any sexual act (as the term ‘sexual act’ is defined in

6 section 2245 of this title) with a person under 18 years

7 of age which would be in violation of chapter 109A of this

8 title if such sexual act occurred in the special maritime

9 and territorial jurisdiction of the United States.’’

10 SEC. 314. INCREASED PENALTIES FOR ASSAULTS AGAINST

11 CHILDREN.

12 (a) SIMPLE ASSAULT.—Section 113(e) of title 18,

13 United States Code, is amended by striking ‘‘by fine’’ and

14 all that follows through the period and inserting ‘‘—

15 ‘‘(A) if the victim of the assault is an individual

16 who has not attained the age of 16 years, by a fine

17 under this title or imprisonment for not more than

18 one year, or both; and

19 ‘‘(B) by a fine under this title or imprisonment

20 for not more than three months, or both, in any

21 other case.’’.

22 (b) ASSAULTS RESULTING IN SUBSTANTIAL BODILY

23 INJURY.—Section 113 of title 18, United States Code, is

24 amended by adding at the end the following:
142

•HR 4197 IH

1 ‘‘(7) Assault resulting in substantial bodily in2 jury to an individual who has not attained the age

3 of 16 years, by a fine under this title or imprison4 ment for not more than 5 years, or both.’’.

5 (c) TECHNICAL AND STYLISTIC CHANGES TO SEC6 TION 113.—Section 113 of title 18, United States Code,

7 is amended—

8 (1) in paragraph (b), by striking ‘‘of not more

9 than $3,000’’ and inserting ‘‘under this title’’;

10 (2) in paragraph (c), by striking ‘‘of not more

11 than $1,000’’ and inserting ‘‘under this title’’;

12 (3) in paragraph (d), by striking ‘‘of not more

13 than $500’’ and inserting ‘‘under this title’’;

14 (4) in paragraph (e), by striking ‘‘of not more

15 than $300’’ and inserting ‘‘under this title’’;

16 (5) by modifying the left margin of each of

17 paragraphs (a) through (f) so that they are indented

18 2 ems;

19 (6) by redesignating paragraphs (a) through (f)

20 as paragraphs (1) through (6); and

21 (7) by inserting ‘‘(a)’’ before ‘‘Whoever’’.

22 (d) DEFINITIONS.—Section 113 of title 18, United

23 States Code, is amended by adding at the end the

24 following:

25 ‘‘(b) As used in this subsection—
143

•HR 4197 IH

1 ‘‘(1) the term ‘substantial bodily injury’ means

2 bodily injury which involves—

3 ‘‘(A) a temporary but substantial disfigure4 ment; or

5 ‘‘(B) a temporary but substantial loss or

6 impairment of the function of any bodily mem7 ber, organ, or mental faculty; and

8 ‘‘(2) the term ‘serious bodily injury’ has the

9 meaning given that term in section 1365 of this

10 title.’’.

11 (e) ASSAULTS IN INDIAN COUNTRY.—Section

12 1153(a) of title 18, United States Code, is amended by

13 inserting ‘‘(as defined in section 1365 of this title), an

14 assault against an individual who has not attained the age

15 of 16 years’’ after ‘‘serious bodily injury’’.

16 SEC. 315. INCREASED PENALTIES FOR DRUG DISTRIBUTION

17 TO PREGNANT WOMEN.

18 The United States Sentencing Commission shall

19 amend the sentencing guidelines to increase by at least

20 4 levels the base offense level for an offense under section

21 2241 (relating to aggravated sexual abuse) or section

22 2242 (relating to sexual abuse) of title 18, United States

23 Code, and shall consider whether any other changes are

24 warranted in the guidelines provisions applicable to such

25 offenses to ensure realization of the objectives of sentenc-
144

•HR 4197 IH

1 ing. In amending the guidelines in conformity with this

2 section, the Sentencing Commission shall review the ap3 propriateness and adequacy of existing offense character4 istics and adjustments applicable to such offenses, taking

5 into account the heinousness of sexual abuse offenses, the

6 severity and duration of the harm caused to victims, and

7 any other relevant factors. In any subsequent amendment

8 to the sentencing guidelines, the Sentencing Commission

9 shall maintain minimum guidelines sentences for the of10 fenses referenced in this section which are at least equal

11 to those required by this section.

12 SEC. 316. INTERSTATE ENFORCEMENT OF CHILD SUPPORT

13 ORDERS.

14 (a) TITLE 28 AMENDMENT.—Chapter 115 of title 28,

15 United States Code, is amended by inserting after section

16 1738A the following new section:

17 ‘‘§ 1738B. Full faith and credit given to child support

18 orders

19 ‘‘(a) GENERAL RULE.—The appropriate authorities

20 of each State shall enforce according to its terms, and

21 shall not modify except as provided in subsection (e), any

22 child support order made consistently with the provisions

23 of this section by a court of another State.

24 ‘‘(b) DEFINITIONS.—As used in this section, the

25 term—
145

•HR 4197 IH

1 ‘‘(1) ‘child’ means any person under 18 years of

2 age, and includes an individual 18 or more years of

3 age for whom a child support order has been issued

4 pursuant to the laws of a State;

5 ‘‘(2) ‘child’s State’ means the State in which a

6 child currently resides;

7 ‘‘(3) ‘child support order’ means a judgment,

8 decree, or order of a court requiring the payment of

9 money, or the provision of a benefit, including health

10 insurance, whether in periodic amounts or lump

11 sum, for the support of a child and includes perma12 nent and temporary orders, initial orders and modi13 fications, ongoing support, and arrearages;

14 ‘‘(4) ‘child support’ means a payment of money

15 or provision of a benefit described in paragraph (3)

16 for the support of a child;

17 ‘‘(5) ‘contestant’ means a person, including a

18 parent, who claims a right to receive child support

19 or against whom a right to receive child support is

20 claimed or asserted, and includes States and political

21 subdivisions to whom the right to obtain a child sup22 port order has been assigned;

23 ‘‘(6) ‘court’ means a court, administrative proc24 ess, or quasi-judicial process of a State which is au25 thorized by State law to establish the amount of
146

•HR 4197 IH

1 child support payable by a contestant or modify the

2 amount of child support payable by a contestant;

3 ‘‘(7) ‘modification’ and ‘modify’ refer to a

4 change in a child support order which affects the

5 amount, scope, or duration of such order and modi6 fies, replaces, supersedes, or otherwise is made sub7 sequent to such child support order, whether or not

8 made by the same court as such child support order;

9 and

10 ‘‘(8) ‘State’ means a State of the United

11 States, the District of Columbia, the Commonwealth

12 of Puerto Rico, the territories and possessions of the

13 United States, and Indian country as defined in sec14 tion 1151 of title 18.

15 ‘‘(c) REQUIREMENTS OF CHILD SUPPORT ORDERS.—

16 A child support order made by a court of a State is con17 sistent with the provisions of this section only if—

18 ‘‘(1) such court, pursuant to the laws of the

19 State in which such court is located, had jurisdiction

20 to hear the matter and enter such an order and had

21 personal jurisdiction over the contestants; and

22 ‘‘(2) reasonable notice and opportunity to be

23 heard was given to the contestants.

24 ‘‘(d) CONTINUING JURISDICTION.—A court of a

25 State which has made a child support order consistently
147

•HR 4197 IH

1 with the provisions of this section has continuing, exclusive

2 jurisdiction of that order when such State is the child’s

3 State or the residence of any contestant unless another

4 State, acting in accordance with subsection (e), has modi5 fied that order.

6 ‘‘(e) AUTHORITY TO MODIFY ORDERS.—A court of

7 a State may modify a child support order with respect to

8 a child that is made by a court of another State, if—

9 ‘‘(1) it has jurisdiction to make such a child

10 support order; and

11 ‘‘(2) the court of the other State no longer has

12 continuing, exclusive jurisdiction of the child support

13 order because such State no longer is the child’s

14 State or the residence of any contestant, or each

15 contestant has filed written consent for the State to

16 modify the order and assume continuing, exclusive

17 jurisdiction of such order.

18 ‘‘(f) ENFORCEMENT OF PRIOR ORDERS.—A court of

19 a State which no longer has continuing, exclusive jurisdic20 tion of a child support order may enforce such order with

21 respect to unsatisfied obligations which accrued before the

22 date on which a modification of such order is made under

23 subsection (e).’’.

24 (b) CONFORMING AMENDMENT.—The table of sec25 tions at the beginning of chapter 115 of title 28, United
148

•HR 4197 IH

1 States Code, is amended by inserting after the item relat2 ing to section 1738A the following:

‘‘1738B. Full faith and credit given to child support orders.’’.

3 SEC. 317. INCREASED PENALTIES FOR USING MINORS IN

4 DRUG TRAFFICKING AND DRUG DISTRIBU5 TION TO MINORS.

6 (a) DRUG DISTRIBUTION TO MINOR BY RECIDI7 VIST.—Section 418(b) of the Controlled Substances Act

8 (21 U.S.C. 859(b)) is amended by striking ‘‘one year’’ and

9 inserting ‘‘3 years’’.

10 (b) USE OF MINOR IN TRAFFICKING BY RECIDI11 VIST.—Section 420(c) of the Controlled Substances Act

12 (21 U.S.C. 861(b)) is amended by striking ‘‘one year’’ and

13 inserting ‘‘3 years’’.

14 (c) CONCURRENT VIOLATION OF PROHIBITION OF

15 USE OF MINORS AND TRAFFICKING NEAR SCHOOLS.—

16 Section 419(b) of the Controlled Substances Act (21

17 U.S.C. 860(b)) is amended by inserting ‘‘, or under cir18 cumstances involving a violation of section 420(a),’’ before

19 ‘‘is punishable’’.

20 SEC. 318. INCREASED PENALTIES FOR USING A MINOR IN

21 COMMISSION OF A FEDERAL OFFENSE.

22 (a) IN GENERAL.—Chapter 1 of title 18, United

23 States Code, is amended by adding at the end the

24 following:
149

•HR 4197 IH

‘‘§ 21. Use of children in Federal offenses

1 ‘‘(a) Except as otherwise provided by law, whoever,

2 being at least 18 years of age, uses a child to commit a

3 Federal offense, or to assist in avoiding detection or ap4 prehension for a Federal offense, shall—

5 ‘‘(1) after a previous conviction under this sub6 section has become final, be subject to 3 times the

7 maximum imprisonment and 3 times the maximum

8 fine otherwise provided for the Federal offense in

9 which the child is used; and

10 ‘‘(2) in any other case, be subject to 2 times the

11 maximum imprisonment and 2 times the maximum

12 fine for such offense.

13 ‘‘(b) As used in this section—

14 ‘‘(1) the term ‘child’ means a person who is

15 under 18 years of age; and

16 ‘‘(2) the term ‘uses’ means employs, hires, uses,

17 persuades, induces, entices, or coerces.’’.

18 (b) CLERICAL AMENDMENT.—The table of sections

19 at the beginning of chapter 1 of title 18, United States

20 Code, is amended by adding at the end the following new

21 item:

‘‘21. Use of children in Federal offenses.’’.
150

•HR 4197 IH

1 SEC. 319. INTERNATIONAL PARENTAL KIDNAPPING.

2 (a) IN GENERAL.—Chapter 55 (relating to kidnap3 ping) of title 18, United States Code, is amended by add4 ing at the end the following:

5 ‘‘§ 1204. International parental kidnapping

6 ‘‘(a) Whoever—

7 ‘‘(1) removes a child from the United States or

8 retains a child (who has been in the United States)

9 outside the United States—

10 ‘‘(A) in order to obstruct the lawful exer11 cise of parental rights that are established in a

12 court order;

13 ‘‘(B) in order to obstruct the lawful exer14 cise of parental rights by the mother of that

15 child, in the case of a child—

16 ‘‘(i) whose parents have not been mar17 ried;

18 ‘‘(ii) with regard to whom paternity

19 has not been judicially established; and

20 ‘‘(iii) whose custody has not been judi21 cially granted to a person other than the

22 mother; or

23 ‘‘(C) in order to obstruct the lawful exer24 cise of parental rights during the pendency of

25 judicial proceedings to determine parental

26 rights; or
151

•HR 4197 IH

1 ‘‘(2) in any other circumstances removes a child

2 from the United States or retains a child (who has

3 been in the United States) outside the United

4 States, in order to obstruct the lawful exercise of pa5 rental rights;

6 shall be fined under this title or imprisoned not more than

7 3 years, or both.

8 ‘‘(b) As used in this section—

9 ‘‘(1) the term ‘child’ means a person who has

10 not attained the age of 16 years; and

11 ‘‘(2) the term ‘parental rights’, with respect to

12 a child, means the right to physical custody of the

13 child—

14 ‘‘(A) whether joint or sole (and includes

15 visiting rights); and

16 ‘‘(B) whether arising by operation of law,

17 court order, or agreement of the parties.’’.

18 (b) CLERICAL AMENDMENT.—The table of sections

19 at the beginning of chapter 55 of title 18, United States

20 Code, is amended by adding at the end the following:

‘‘1204. International parental kidnapping.’’.

21 SEC. 320. STATE COURT PROGRAMS REGARDING INTER22 NATIONAL PARENTAL CHILD ABDUCTION.

23 There is authorized to be appropriated $250,000 to

24 carry out under the State Justice Institute Act of 1984

25 (42 U.S.C. 10701–10713) national, regional, and in-State
152

•HR 4197 IH

1 training and educational programs dealing with criminal

2 and civil aspects of interstate and international parental

3 child abduction.

4 SEC. 321. KIDNAPPING.

5 Section 1201(g)(1) of title 18, United States Code,

6 is amended by inserting ‘‘to the penalty of death if the

7 death of the victim results and, in any other case,’’ after

8 ‘‘shall be subject’’.

9 Subtitle C—Punishment of Serious

10 Juvenile Offenders

11 SEC. 331. SERIOUS JUVENILE DRUG OFFENSES AS ARMED

12 CAREER CRIMINAL ACT PREDICATES.

13 Section 924(e)(2)(A) of title 18, United States Code,

14 is amended—

15 (1) by striking ‘‘or’’ at the end of clause (i);

16 (2) by adding ‘‘or’’ at the end of clause (ii); and

17 (3) by adding at the end the following:

18 ‘‘(iii) any act of juvenile delinquency

19 that if committed by an adult would be an

20 offense described in this subparagraph;’’.

21 SEC. 332. AMENDMENTS CONCERNING RECORDS OF

22 CRIMES COMMITTED BY JUVENILES.

23 (a) IN GENERAL.—Section 5038 of title 18, United

24 States Code, is amended by striking subsections (d) and
153

•HR 4197 IH

1 (f), redesignating subsection (e) as subsection (d), and by

2 adding at the end new subsections (e) and (f) as follows:

3 ‘‘(e) Whenever a juvenile has been found guilty of

4 committing an act which if committed by an adult would

5 be an offense described in clause (3) of the first paragraph

6 of section 5032 of this title, the juvenile shall be

7 fingerprinted and photographed, and the fingerprints and

8 photograph shall be sent to the Federal Bureau of Inves9 tigation, Identification Division. The court shall also

10 transmit to the Federal Bureau of Investigation, Identi11 fication Division, the information concerning the adjudica12 tion, including name, date of adjudication, court, offenses,

13 and sentence, along with the notation that the matter was

14 a juvenile adjudication. The fingerprints, photograph, and

15 other records and information relating to a juvenile de16 scribed in this subsection, or to a juvenile who is pros17 ecuted as an adult, shall be made available in the manner

18 applicable to adult defendants.

19 ‘‘(f) In addition to any other authorization under this

20 section for the reporting, retention, disclosure, or avail21 ability of records or information, if the law of the State

22 in which a Federal juvenile delinquency proceeding takes

23 place permits or requires the reporting, retention, disclo24 sure, or availability of records or information relating to

25 a juvenile or to a juvenile delinquency proceeding or adju-
154

•HR 4197 IH

1 dication in certain circumstances, then such reporting, re2 tention, disclosure, or availability is permitted under this

3 section whenever the same circumstances exist.’’.

4 (b) REPEAL.—Section 3607 of title 18, United States

5 Code, is repealed, and the corresponding item in the chap6 ter analysis for chapter 229 of title 18 is deleted.

7 (c) CONFORMING AMENDMENT.—Section 401(b)(4)

8 of the Controlled Substances Act (21 U.S.C. 841(b)(4))

9 is amended by striking ‘‘and section 3607 of title 18’’.

10 SEC. 333. PROSECUTION AS ADULTS OF VIOLENT JUVENILE

11 OFFENDERS.

12 Section 5032 of title 18, United States Code, is

13 amended by adding at the end the following new para14 graph:

15 ‘‘Notwithstanding any other provision of this section

16 or any other law, a juvenile who was 13 years old or older

17 on the date of the commission of an offense under section

18 113 (a), (b), or (c), 1111, 1113, 2111 or 2113 (if the

19 juvenile was in possession of a firearm during the offense),

20 or 2241 (a) or (c) (if the juvenile was in possession of

21 a firearm during the offense) of this title shall be pros22 ecuted as an adult in Federal court. No juvenile pros23 ecuted as an adult under this paragraph shall be incarcer24 ated in an adult prison. If a juvenile prosecuted under this

25 paragraph is convicted, the juvenile shall be entitled to file
155

•HR 4197 IH

1 a petition for resentencing pursuant to applicable sentenc2 ing guidelines when he or she reaches the age of 16. The

3 United States Sentencing Commission shall promulgate

4 guidelines or amend existing guidelines, if necessary, to

5 carry out the purposes of this paragraph. For resentencing

6 determinations pursuant to subsection (b), the Commis7 sion may promulgate guidelines, if necessary, to permit

8 sentencing adjustments which may include adjustments

9 which provide for supervised releases, for defendants who

10 have clearly demonstrated an exceptional degree of respon11 sibility for the offense and a willingness and ability to re12 frain from future criminal conduct.’’.

13 TITLE IV—PROTECTION OF

14 WOMEN

15 Subtitle A—Spouse Abuse and

16 Stalking

17 SEC. 401. INTERSTATE TRAVEL TO COMMIT SPOUSE ABUSE

18 OR TO VIOLATE PROTECTIVE ORDER; INTER19 STATE STALKING.

20 (a) OFFENSE.—Part 1 of title 18, United States

21 Code, is amended by inserting after chapter 110 the

22 following:

23 ‘‘CHAPTER 110A—DOMESTIC VIOLENCE AND

24 OFFENSES AGAINST THE FAMILY

‘‘Sec.

‘‘2261. Domestic violence and stalking.
156

•HR 4197 IH

1 ‘‘§ 2261. Domestic violence and stalking

2 ‘‘(a) OFFENSE.—Whoever, in a circumstance de3 scribed in subsection (c), causes or attempts to cause bod4 ily injury to, engages in sexual abuse against, or violates

5 a protective order in relation to, another shall be pun6 ished—

7 ‘‘(1) if death results, by death or by imprison8 ment for any term of years or for life;

9 ‘‘(2) if permanent disfigurement or life-threat10 ening bodily injury results, by imprisonment for not

11 more than 20 years;

12 ‘‘(3) if serious bodily injury results, or if a fire13 arm, knife, or other dangerous weapon is possessed,

14 carried, or used during the commission of the of15 fense, by imprisonment for not more than 10 years;

16 and

17 ‘‘(4) in any other case, by imprisonment for not

18 more than five years.

19 If, however, the defendant engages in sexual abuse and

20 the penalty authorized for such conduct under chapter

21 109A exceeds the penalty which would otherwise be au22 thorized under this subsection, then the penalty authorized

23 for such conduct under chapter 109A shall apply.

24 ‘‘(b) MANDATORY PENALTIES.—A sentence under

25 this section shall include at least 3 months of imprison26 ment if the offense involves the infliction of bodily injury
157

•HR 4197 IH

1 on or the commission of sexual abuse against the victim.

2 A sentence under this section shall include at least 6

3 months of imprisonment if the offense involves the viola4 tion of a protective order and the defendant has previously

5 violated a protective order in relation to the same victim.

6 ‘‘(c) REQUIRED CIRCUMSTANCES.—The circumstance

7 referred to in subsection (a) of this section is that the de8 fendant traveled in interstate or foreign commerce, or

9 transported or caused another to move in interstate or for10 eign commerce, with the intention of committing or in fur11 therance of committing the offense, and—

12 ‘‘(1) the victim was a spouse or former spouse

13 of the defendant, was cohabiting with or had

14 cohabited with the defendant, or had a child in com15 mon with the defendant; or

16 ‘‘(2) the defendant on two or more occasions—

17 ‘‘(A) has caused or attempted or threat18 ened to cause death or serious bodily injury to

19 or engaged in sexual abuse in relation to the

20 victim; or

21 ‘‘(B) has engaged in any conduct that

22 caused or was intended to cause apprehension

23 by the victim that the victim would be subjected

24 to death, serious bodily injury, or sexual abuse.

25 ‘‘(d) DEFINITIONS.—As used in this section—
158

•HR 4197 IH

1 ‘‘(1) the term ‘protective order’ means an order

2 issued by a court of a State prohibiting or limiting

3 violence against, harassment of, contact or commu4 nication with, or physical proximity to another per5 son;

6 ‘‘(2) the term ‘sexual abuse’ means any conduct

7 proscribed by chapter 109A of this title, whether or

8 not the conduct occurs in the special maritime and

9 territorial jurisdiction of the United States or in a

10 Federal prison;

11 ‘‘(3) the terms ‘serious bodily injury’ and ‘bod12 ily injury’ have the meanings, respectively, given

13 those terms in section 1365(g) of this title; and

14 ‘‘(4) the term ‘State’ has the meaning given

15 that term in section 513(c)(5) of this title.’’.

16 (b) CLERICAL AMENDMENT.—The table of chapters

17 at the beginning of Part 1 of title 18, United States Code,

18 is amended by inserting after the item for chapter 110

19 the following:

‘‘110A. Domestic violence and offenses against the family ...................... 2261’’.

20 SEC. 402. FULL FAITH AND CREDIT FOR PROTECTIVE OR21 DERS.

22 (a) REQUIREMENT OF FULL FAITH AND CREDIT.—

23 Chapter 110A of title 18, United States Code, as enacted

24 by section 141 of this Act, is amended by adding at the

25 end the following:
159

•HR 4197 IH

1 ‘‘§ 2262. Full faith and credit for protective orders

2 ‘‘(a) A protective order issued by a court of a State

3 shall have the same full faith and credit in a court in an4 other State that it would have in a court of the State in

5 which issued, and shall be enforced by the courts of any

6 State as if it were issued in that State.

7 ‘‘(b) As used in this section—

8 ‘‘(1) the term ‘protective order’ means an order

9 prohibiting or limiting violence against, harassment

10 of, contact or communication with, or physical prox11 imity to another person; and

12 ‘‘(2) the term ‘State’ has the meaning given in

13 section 513(c)(5) of this title.’’.

14 (b) CLERICAL AMENDMENT.—The table of sections

15 at the beginning of chapter 110A of title 18, United States

16 Code, as enacted by section 141 of this Act, is amended

17 by inserting at the end the following:

‘‘2262. Full faith and credit for protective orders.’’.

18 Subtitle B—Sex Offenses and

19 Punishment

20 SEC. 411. CIVIL REMEDY FOR VICTIMS OF SEXUAL VIO21 LENCE.

22 (a) CAUSE OF ACTION.—Whoever, in violation of the

23 Constitution or laws of the United States, engages in sex24 ual violence against another, shall be liable to the injured

25 party in an action under this section. The relief available
160

•HR 4197 IH

1 in such an action shall include compensatory and punitive

2 damages and any appropriate equitable or declaratory

3 relief.

4 (b) DEFINITION.—For purposes of this section, ‘‘sex5 ual violence’’ means any conduct proscribed by chapter

6 109A of title 18, United States Code, whether or not the

7 conduct occurs in the special maritime and territorial ju8 risdiction of the United States or in a Federal prison.

9 (c) ATTORNEY’S FEES.—The Civil Rights Attorney’s

10 Fees Award Act of 1976 (42 U.S.C. 1988) is amended

11 by striking ‘‘or’’ after ‘‘Public Law 92–318’’ and by in12 serting after ‘‘1964’’ the following: ‘‘, or section 411 of

13 the Sexual Assault Prevention Act of 1993,’’.

14 SEC. 412. EXTENSION AND STRENGTHENING OF RESTITU15 TION.

16 Section 3663 of title 18, United States Code, is

17 amended—

18 (1) in subsection (b), by inserting ‘‘or an of19 fense under chapter 109A, chapter 110, or section

20 2261 of this title’’ after ‘‘an offense resulting in bod21 ily injury to a victim’’ in paragraph (2);

22 (2) in subsection (b)—

23 (A) by striking ‘‘and’’ at the end of para24 graph (3);
161

•HR 4197 IH

1 (B) by redesignating paragraph (4) as

2 paragraph (5); and

3 (C) by inserting after paragraph (4) the

4 following:

5 ‘‘(4) in any case, reimburse the victim for lost

6 income and necessary child care, transportation, and

7 other expenses related to participation in the inves8 tigation or prosecution of the offense or attendance

9 at proceedings related to the offense; and’’; and

10 (3) in subsection (d), by inserting at the end

11 the following: ‘‘However, the court shall issue an

12 order requiring restitution of the full amount of the

13 victim’s losses and expenses for which restitution is

14 authorized under this section in imposing sentence

15 for an offense under chapter 109A, chapter 110 or

16 section 2261 of this title, unless the Government

17 and the victim do not request such restitution.’’.

18 SEC. 413. PRE-TRIAL DETENTION IN SEX OFFENSE CASES.

19 Section 3156(a)(4) of title 18, United States Code,

20 is amended—

21 (1) by striking ‘‘, or’’ at the end of subpara22 graph (A) and inserting a semicolon;

23 (2) by striking the period at the end of sub24 paragraph (B) and inserting ‘‘; or’’; and
162

•HR 4197 IH

1 (3) by adding after subparagraph (B) the

2 following:

3 ‘‘(C) any felony under chapter 109A, chapter

4 110, or section 2261 of this title.’’.

5 SEC. 414. MANDATORY LIFE IMPRISONMENT FOR FORC6 IBLE RAPE.

7 Section 2241(a) of title 18, United States Code, is

8 amended by striking ‘‘fined under this title’’ and all that

9 follows through ‘‘or both.’’ and inserting ‘‘imprisoned for

10 life and may be fined under this title.’’.

11 SEC. 415. DEATH PENALTY FOR RAPE AND CHILD MOLES12 TATION MURDERS.

13 (a) OFFENSE.—Chapter 109A of title 18, United

14 States Code, is amended by redesignating section 2245 as

15 section 2246, and by adding the following new section:

16 ‘‘§ 2245. Sexual abuse resulting in death

17 ‘‘Whoever, in the course of an offense under this

18 chapter, engages in conduct that results in the death of

19 a person, shall be punished by death or imprisoned for

20 any term of years or for life.’’.

21 (b) CLERICAL AMENDMENT.—The table of sections

22 at the beginning of chapter 109A of title 18, United States

23 Code, is amended by striking the item for section 2245

24 and adding the following:

‘‘2245. Sexual abuse resulting in death.

‘‘2246. Definitions for chapter.’’.
163

•HR 4197 IH

1 SEC. 416. INCREASED PENALTIES FOR RECIDIVIST SEX OF2 FENDERS.

3 (a) REDESIGNATION.—Sections 2245 and 2246 of

4 title 18, United States Code, as so designated by section

5 137, are redesignated sections 2246 and 2247, respec6 tively.

7 (b) PENALTIES FOR SUBSEQUENT OFFENSES.—

8 Chapter 109A of title 18, United States Code, is amended

9 by inserting the following new section after section 2244:

10 ‘‘§ 2245. Penalties for subsequent offenses

11 ‘‘Any person who violates this chapter, after a prior

12 conviction under this chapter or the law of a State (as

13 defined in section 513 of this title) for conduct proscribed

14 by this chapter has become final, is punishable by a term

15 of imprisonment up to twice that otherwise authorized.’’.

16 (c) CLERICAL AMENDMENT.—The table of sections

17 at the beginning of chapter 109A of title 18, United States

18 Code, as amended by section 137, is amended—

19 (1) by striking ‘‘2245’’ and inserting ‘‘2246’’;

20 (2) by striking ‘‘2246’’ and inserting ‘‘2247’’;

21 and

22 (3) by inserting after the item relating to sec23 tion 2244 the following:

‘‘2245. Penalties for subsequent offenses.’’.
164

•HR 4197 IH

1 SEC. 417. SENTENCING GUIDELINES INCREASE FOR SEX OF2 FENSES.

3 The United States Sentencing Commission shall

4 amend the sentencing guidelines to increase by at least

5 4 levels the base offense level for an offense under section

6 2241 (relating to aggravated sexual abuse) or section

7 2242 (relating to sexual abuse) of title 18, United States

8 Code, and shall consider whether any other changes are

9 warranted in the guidelines provisions applicable to such

10 offenses to ensure realization of the objectives of sentenc11 ing. In amending the guidelines in conformity with this

12 section, the Sentencing Commission shall review the ap13 propriateness and adequacy of existing offense character14 istics and adjustments applicable to such offenses, taking

15 into account the heinousness of sexual abuse offenses, the

16 severity and duration of the harm caused to victims, and

17 any other relevant factors. In any subsequent amendment

18 to the sentencing guidelines, the Sentencing Commission

19 shall maintain minimum guidelines sentences for the of20 fenses referenced in this section which are at least equal

21 to those required by this section.

22 SEC. 418. HIV TESTING AND PENALTY ENHANCEMENT IN

23 SEXUAL OFFENSE CASES.

24 (a) IN GENERAL.—Chapter 109A of title 18, United

25 States Code, is amended by adding at the end the follow26 ing:
165

•HR 4197 IH

1 ‘‘§ 2248. Testing for human immunodeficiency virus;

2 disclosure of test results to victim; effect

3 on penalty

4 ‘‘(a) TESTING AT TIME OF PRE-TRIAL RELEASE DE5 TERMINATION.—In a case in which a person is charged

6 with an offense under this chapter, a judicial officer issu7 ing an order pursuant to section 3142(a) of this title shall

8 include in the order a requirement that a test for the

9 human immunodeficiency virus be performed upon the

10 person, and that follow-up tests for the virus be performed

11 six months and twelve months following the date of the

12 initial test, unless the judicial officer determines that the

13 conduct of the person created no risk of transmission of

14 the virus to the victim, and so states in the order. The

15 order shall direct that the initial test be performed within

16 24 hours, or as soon thereafter as feasible. The person

17 shall not be released from custody until the test is per18 formed.

19 ‘‘(b) TESTING AT LATER TIME.—If a person charged

20 with an offense under this chapter was not tested for the

21 human immunodeficiency virus pursuant to subsection (a),

22 the court may at a later time direct that such a test be

23 performed upon the person, and that follow-up tests be

24 performed six months and twelve months following the

25 date of the initial test, if it appears to the court that the

26 conduct of the person may have risked transmission of the
166

•HR 4197 IH

1 virus to the victim. A testing requirement under this sub2 section may be imposed at any time while the charge is

3 pending, or following conviction at any time prior to the

4 person’s completion of service of the sentence.

5 ‘‘(c) TERMINATION OF TESTING REQUIREMENT.—A

6 requirement of follow-up testing imposed under this sec7 tion shall be canceled if any test is positive for the virus

8 or the person obtains an acquittal on, or dismissal of, all

9 charges under this chapter.

10 ‘‘(d) DISCLOSURE OF TEST RESULTS.—The results

11 of any test for the human immunodeficiency virus per12 formed pursuant to an order under this section shall be

13 provided to the judicial officer or court. The judicial offi14 cer or court shall ensure that the results are disclosed to

15 the victim (or to the victim’s parent or legal guardian, as

16 appropriate), the attorney for the Government, and the

17 person tested.

18 ‘‘(e) EFFECT ON PENALTY.—The United States Sen19 tencing Commission shall amend existing guidelines for

20 sentences for offenses under this chapter to enhance the

21 sentence if the offender knew or had reason to know that

22 he was infected with the human immunodeficiency virus,

23 except where the offender did not engage or attempt to

24 engage in conduct creating a risk of transmission of the

25 virus to the victim.’’.
167

•HR 4197 IH

1 (b) CLERICAL AMENDMENT.—The table of chapters

2 at the beginning of chapter 109A of title 18, United States

3 Code, is amended by inserting at the end the following

4 new item:

‘‘2248. Testing for human immunodeficiency virus; disclosure of test results to

victim; effect on penalty.’’.

5 TITLE V—PREVENTION OF

6 TERRORISM

7 Subtitle A—Enhanced Controls on

8 Entry into the United States

9 SEC. 501. EXCLUSION BASED ON MEMBERSHIP IN TERROR10 IST ORGANIZATION OF ADVOCACY OF TER11 RORISM.

12 Section 212(a)(3)(B) of the Immigration and Nation13 ality Act (8 U.S.C. 1182(a)(3)(B)) is amended—

14 (1) in clause (i)(II) by inserting ‘‘or’’ at the

15 end;

16 (2) by adding after clause (i)(II) the following:

17 ‘‘(III) is a member of an organization

18 that engages in terrorist activity or who

19 actively supports or advocates terrorist

20 activity,’’;

21 (3) by adding after clause (iii) the following:

22 ‘‘(iv) TERRORIST ORGANIZATION DE23 FINED.—As used in this Act, the term ‘terrorist

24 organization’ means an organization which com-
168

•HR 4197 IH

1 mits terrorist activity as determined by the At2 torney General, in consultation with the Sec3 retary of State.’’.

4 SEC. 502. ADMISSIONS FRAUD.

5 (a) EXCLUSION FOR FRAUDULENT DOCUMENTS AND

6 FAILURE TO PRESENT DOCUMENTS.—Section

7 212(a)(6)(C) of the Immigration and Nationality Act (8

8 U.S.C. 1182(a)(6)(C)) is amended—

9 (1) by striking ‘‘(C) MISREPRESENTATION’’ and

10 inserting in lieu thereof the following:

11 ‘‘(C) FRAUD, MISREPRESENTATION, AND

12 FAILURE TO PRESENT DOCUMENTS’’;

13 (2) by adding at the end the following new

14 clause:

15 ‘‘(iii) FRAUDULENT DOCUMENTS AND

16 FAILURE TO PRESENT DOCUMENTS.—

17 ‘‘(I) Any alien who, in seeking

18 entry to the United States or board19 ing a common carrier for the purpose

20 of coming to the United States, pre21 sents any document which, in the de22 termination of the immigration offi23 cer, is forged, counterfeit, altered,

24 falsely made, stolen, or inapplicable to

25 the alien presenting the document, or
169

•HR 4197 IH

1 otherwise contains a misrepresenta2 tion of a material fact, is excludable.

3 ‘‘(II) Any alien who, in boarding

4 a common carrier for the purpose of

5 coming to the United States, presents

6 a document that relates or purports to

7 relate to the alien’s eligibility to enter

8 the United States, and fails to present

9 such document to an immigration offi10 cer upon arrival at a port of entry

11 into the United States, is exclud12 able.’’.

13 (b) AVAILABILITY OF ASYLUM AND OTHER DISCRE14 TIONARY RELIEF.—

15 (1) Section 208 of the Immigration and Nation16 ality Act (8 U.S.C. 1158) is amended by adding at

17 the end the following new subsection:

18 ‘‘(e)(1) APPLICATION OF FRAUD EXCLUSION.—Not19 withstanding subsection (a) and except as provided in

20 paragraph (2), any alien who is excludable under section

21 212(a)(6)(C)(iii) or section 212(a)(7)(A)(i) may not apply

22 for or be granted asylum.

23 ‘‘(2) EXCEPTION.—The limitation under paragraph

24 (1) shall not apply if the action upon which the exclusion

25 is based was pursuant to direct departure from a country
170

•HR 4197 IH

1 in which (A) the alien has a credible fear of persecution,

2 or (B) there is a significant danger that the alien would

3 be returned to a country in which the alien would have

4 a credible fear of persecution.

5 ‘‘(3) DEFINITION.—As used in this subsection, the

6 term ‘credible fear of persecution’ means (A) that it is

7 more probable than not that the statements made by the

8 alien in support of his or her claim are true, and (B) that

9 there is a significant possibility, in light of such state10 ments and of such other facts as are known to the officer

11 about country conditions, that the alien could establish eli12 gibility as a refugee within the meaning of section

13 101(a)(42)(A).’’.

14 (2) Section 212(c) of the Immigration and Na15 tionality Act (8 U.S.C. 1182(c)) is amended in the

16 third sentence by inserting before the period ‘‘or to

17 any alien who is excludable pursuant to section

18 212(a)(6)(C)(iii)’’.

19 SEC. 503. INSPECTION AND EXCLUSION BY IMMIGRATION

20 OFFICERS.

21 Section 235(b) of the Immigration and Nationality

22 Act (8 U.S.C. 1225(b)) is amended to read as follows:

23 ‘‘(b) INSPECTION AND EXCLUSION BY IMMIGRATION

24 OFFICERS.—
171

•HR 4197 IH

1 ‘‘(1) An immigration officer shall inspect each

2 alien who is seeking entry to the United States.

3 ‘‘(2)(A) If the examining immigration officer

4 determines that an alien seeking entry—

5 ‘‘(i)(I) is excludable under section

6 212(a)(6)(C)(iii), or

7 ‘‘(II) is excludable under section

8 212(a)(7)(A)(i),

9 ‘‘(ii) does not have any reasonable basis for

10 legal entry into the United States, and

11 ‘‘(iii) does not indicate an intention to

12 apply for asylum under section 208,

13 the alien shall be specially excluded from entry into

14 the United States without a hearing.

15 ‘‘(B) The examining immigration officer shall

16 refer to an immigration officer, specially trained to

17 conduct interviews and make determinations bearing

18 on eligibility for asylum, any alien who is (i) exclud19 able under section 212(a)(6)(C)(iii) or section

20 212(a)(7)(A) (i) and (ii) who has indicated an inten21 tion to apply for asylum. Such an alien shall not be

22 considered to have entered the United States for

23 purposes of this Act.

24 ‘‘(C) An alien under subparagraph (B) who is

25 determined by an immigration officer, specially
172

•HR 4197 IH

1 trained to conduct interviews and make determina2 tions bearing on eligibility for asylum, to be exclud3 able and ineligible for the exception under section

4 208(e)(2), shall be specially excluded and deported

5 from the United States without further hearing.

6 ‘‘(3)(A) Except as provided in subparagraph

7 (B), if the examining immigration officer determines

8 that an alien seeking entry is not clearly and beyond

9 a doubt entitled to enter, the alien shall be detained

10 for a hearing before an immigration judge.

11 ‘‘(B) The provisions of subparagraph (A) shall

12 not apply—

13 ‘‘(i) to an alien crewman,

14 ‘‘(ii) to an alien described in paragraph

15 (2)(A) or (2)(C), or

16 ‘‘(iii) if the conditions described in section

17 273(d) exist.

18 ‘‘(4) The decision of the examining immigration

19 officer, if favorable to the admission of any alien,

20 shall be subject to challenge by any other immigra21 tion officer and such challenge shall operate to take

22 the alien, whose privilege to enter is so challenged,

23 before an immigration judge for a hearing on exclu24 sion of the alien.
173

•HR 4197 IH

1 ‘‘(5) The Attorney General shall establish pro2 cedures that ensure that aliens are not specially ex3 cluded under paragraph (2)(A) without an inquiry

4 into their reasons for seeking entry into the United

5 States.

6 ‘‘(6)(A) Subject to subparagraph (B), an alien

7 has not entered the United States for purposes of

8 this Act unless and until such alien has been in9 spected and admitted by an immigration officer pur10 suant to this subsection.

11 ‘‘(B) An alien who (i) is physically present in

12 the United States, (ii) has been physically present in

13 the United States for a continuous period of one

14 year, and (iii) has not been inspected and admitted

15 by an immigration officer may be said to have en16 tered the United States without inspection. Such an

17 alien is subject to deportation pursuant to section

18 241(a)(1)(B).’’.

19 SEC. 504. JUDICIAL REVIEW.

20 Section 235 of the Immigration and Nationality Act

21 (8 U.S.C. 1225) as amended by section 732 is amended

22 by adding after subsection (c) the following new sub23 sections:

24 ‘‘(d) HABEAS CORPUS REVIEW.—Notwithstanding

25 any other provision of law, no court shall have jurisdiction
174

•HR 4197 IH

1 to review, except by petition for habeas corpus, any deter2 mination made with respect to an alien found excludable

3 pursuant to section 212(a)(6)(C)(iii) or section

4 212(a)(7)(A)(i). In any such case, review by habeas corpus

5 shall be limited to examination of whether the petitioner

6 (1) is an alien, and (2) was ordered excluded from the

7 United States pursuant to section 235(b)(2).

8 ‘‘(e) OTHER LIMITS ON JUDICIAL REVIEW AND AC9 TION.—Notwithstanding any other provision of law, no

10 court shall have jurisdiction (1) to review the procedures

11 established by the Attorney General for the determination

12 of exclusion pursuant to section 212(a)(6)(C)(iii) or sec13 tion 212(a)(7)(A)(i), or (2) to enter declaratory or injunc14 tive relief with respect to the implementation of subsection

15 (b)(2). Regardless of the nature of the suit or claim, no

16 court shall have jurisdiction except by habeas corpus peti17 tion as provided in subsection (d) to consider the validity

18 of any adjudication or determination of special exclusion

19 or to provide declaratory or injunctive relief with respect

20 to the special exclusion of any alien.

21 ‘‘(f) COLLATERAL ENFORCEMENT PROCEEDINGS.—

22 In any action brought for the assessment of penalties for

23 improper entry or re-entry of an alien under section 275

24 or 276, no court shall have jurisdiction to hear claims col25 laterally attacking the validity of orders of exclusion, spe-
175

•HR 4197 IH

1 cial exclusion, or deportation entered under sections 235,

2 236, and 242.’’.

3 SEC. 505. CONFORMING AMENDMENTS.

4 Section 237(a) of the Immigration and Nationality

5 Act (8 U.S.C. 1227(a)) is amended—

6 (1) in the second sentence of paragraph (1) by

7 striking out ‘‘Deportation’’ and inserting in lieu

8 thereof ‘‘Subject to section 235(b)(2), deportation’’;

9 and

10 (2) in the first sentence of paragraph (2) by

11 striking out ‘‘If’’ and inserting in lieu thereof ‘‘Sub12 ject to section 235(b)(2), if’’.

13 SEC. 506. EFFECTIVE DATE.

14 Except as otherwise provided, the amendments made

15 by this subtitle shall take effect on the date of the enact16 ment of this Act and shall apply to aliens who arrive in

17 or seek admission to the United States on or after such

18 date.

19 Subtitle B—Deportation of Alien

20 Terrorists

21 SEC. 511. REMOVAL OF ALIEN TERRORISTS.

22 The Immigration and Nationality Act (8 U.S.C. 1101

23 et seq.) is amended by inserting the following new section:

24 ‘‘REMOVAL OF ALIEN TERRORISTS

25 ‘‘SEC. 242C. (a) DEFINITIONS.—As used in this sec26 tion—
176

•HR 4197 IH

1 ‘‘(1) the term ‘alien terrorist’ means any alien

2 described in section 241(a)(4)(B);

3 ‘‘(2) the term ‘classified information’ has the

4 same meaning as defined in section 1(a) of the Clas5 sified Information Procedures Act (18 U.S.C. App.

6 IV);

7 ‘‘(3) the term ‘national security’ has the same

8 meaning as defined in section 1(b) of the Classified

9 Information Procedures Act (18 U.S.C. App. IV);

10 ‘‘(4) the term ‘special court’ means the court

11 described in subsection (c) of this section; and

12 ‘‘(5) the term ‘special removal hearing’ means

13 the hearing described in subsection (e) of this sec14 tion.

15 ‘‘(b) APPLICATION FOR USE OF PROCEDURES.—The

16 provisions of this section shall apply whenever the Attor17 ney General certifies under seal to the special court that—

18 ‘‘(1) the Attorney General or Deputy Attorney

19 General has approved of the proceeding under this

20 section;

21 ‘‘(2) an alien terrorist is physically present in

22 the United States; and

23 ‘‘(3) removal of such alien terrorist by deporta24 tion proceedings described in sections 242, 242A, or

25 242B would pose a risk to the national security of
177

•HR 4197 IH

1 the United States because such proceedings would

2 disclose classified information.

3 ‘‘(c) SPECIAL COURT.—(1) The Chief Justice of the

4 United States shall publicly designate up to 7 judges from

5 up to 7 United States judicial districts to hear and decide

6 cases arising under this section, in a manner consistent

7 with the designation of judges described in section 103(a)

8 of the Foreign Intelligence Surveillance Act (50 U.S.C.

9 1803(a)).

10 ‘‘(2) The Chief Justice may, in his discretion, des11 ignate the same judges under this section as are des12 ignated pursuant to 50 U.S.C. 1803(a).

13 ‘‘(d) INVOCATION OF SPECIAL COURT PROCE14 DURE.—(1) When the Attorney General makes the appli15 cation described in subsection (b), a single judge of the

16 special court shall consider the application in camera and

17 ex parte.

18 ‘‘(2) The judge shall invoke the procedures of sub19 section (e), if the judge determines that there is probable

20 cause to believe that—

21 ‘‘(A) the alien who is the subject of the applica22 tion has been correctly identified,

23 ‘‘(B) a deportation proceeding described in sec24 tions 242, 242A, or 242B would pose a risk to the

25 national security of the United States because such
178

•HR 4197 IH

1 proceedings would disclose classified information,

2 and

3 ‘‘(C) the threat posed by the alien’s physical

4 presence is immediate and involves the risk of death

5 or serious bodily harm.

6 ‘‘(e) SPECIAL REMOVAL HEARING.—(1) Except as

7 provided in paragraph (4), the special removal hearing au8 thorized by a showing of probable cause described in sub9 section (d)(2) shall be open to the public.

10 ‘‘(2) The alien shall have a right to be present at such

11 hearing and to be represented by counsel. Any alien finan12 cially unable to obtain counsel shall be entitled to have

13 counsel assigned to represent such alien. Counsel may be

14 appointed as described in section 3006A of title 18, United

15 States Code.

16 ‘‘(3) The alien shall have a right to introduce evi17 dence on his own behalf, and except as provided in para18 graph (4), shall have a right to cross-examine any witness

19 or request that the judge issue a subpoena for the pres20 ence of a named witness.

21 ‘‘(4) The judge shall authorize the introduction in

22 camera and ex parte of any item of evidence for which

23 the judge determines that public disclosure would pose a

24 risk to the national security of the United States because

25 it would disclose classified information.
179

•HR 4197 IH

1 ‘‘(5) With respect to any evidence described in para2 graph (4), the judge shall cause to be delivered to the alien

3 either—

4 ‘‘(A)(i) the substitution for such evidence of a

5 statement admitting relevant facts that the specific

6 evidence would tend to prove, or (ii) the substitution

7 for such evidence of a summary of the specific evi8 dence; or

9 ‘‘(B) if disclosure of even the substituted evi10 dence described in subparagraph (A) would create a

11 substantial risk of death or serious bodily harm to

12 any person, a statement informing the alien that no

13 such summary is possible.

14 ‘‘(6) If the judge determines—

15 ‘‘(A) that the substituted evidence described in

16 paragraph (4)(B) will provide the alien with sub17 stantially the same ability to make his defense as

18 would disclosure of the specific evidence, or

19 ‘‘(B) that disclosure of even the substituted evi20 dence described in paragraph (5)(A) would create a

21 substantial risk of death or serious bodily harm to

22 any person,

23 then the determination of deportation (described in sub24 section (f)) may be made pursuant to this section.
180

•HR 4197 IH

1 ‘‘(f) DETERMINATION OF DEPORTATION.—(1) If the

2 determination in subsection (e)(6)(A) has been made, the

3 judge shall, considering the evidence on the record as a

4 whole, require that the alien be deported if the Attorney

5 General proves, by clear and convincing evidence, that the

6 alien is subject to deportation because he is an alien as

7 described in section 241(a)(4)(B).

8 ‘‘(2) If the determination in subsection (e)(6)(B) has

9 been made, the judge shall, considering the evidence re10 ceived (in camera and otherwise), require that the alien

11 be deported if the Attorney General proves, by clear, con12 vincing, and unequivocal evidence, that the alien is subject

13 to deportation because he is an alien as described in sec14 tion 241(a)(4)(B).

15 ‘‘(g) APPEALS.—(1) The alien may appeal a deter16 mination under subsection (f) to the court of appeals for

17 the Federal Circuit, by filing a notice of appeal with such

18 court within 20 days of the determination under such sub19 section.

20 ‘‘(2)(A) The Attorney General may appeal a deter21 mination under subsection (d), (e), or (f) to the court of

22 appeals for the Federal Circuit, by filing a notice of appeal

23 with such court within 20 days of the determination under

24 any one of such subsections.
181

•HR 4197 IH

1 ‘‘(B) When requested by the Attorney General, the

2 entire record of the proceeding under this section shall be

3 transmitted to the court of appeals under seal. If the At4 torney General is appealing a determination under sub5 section (d) or (e), the court of appeals shall consider such

6 appeal in camera and ex parte.’’.

7 Subtitle C—Penalties for Engaging

8 in Terrorism

9 SEC. 521. PROVIDING MATERIAL SUPPORT TO TERRORISM.

10 (a) OFFENSE.—Chapter 113A of title 18, United

11 States Code, is amended by adding the following new sec12 tion:

13 ‘‘§ 2339A. Providing material support to terrorists

14 ‘‘Whoever, within the United States, provides mate15 rial support or resources or conceals of disguises the na16 ture, location, source, or ownership of material support or

17 resources, knowing or intending that they are to be used

18 to facilitate a violation of section 32, 36, 351, 844(f) or

19 (i), 1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281,

20 2331, or 2339 of this title, or section 902(i) of the Federal

21 Aviation Act of 1958, as amended (49 U.S.C. App.

22 1472(i)), or to facilitate the concealment or an escape

23 from the commission of any of the foregoing, shall be fined

24 under this title, imprisoned not more than 10 years, or

25 both. For purposes of this section, material support or re-
182

•HR 4197 IH

1 sources shall include, but not be limited to, currency or

2 other financial securities, lodging, training, safehouses,

3 false documentation or identification, communications

4 equipment, facilities, weapons, lethal substances, explo5 sives, personnel, transportation, and other physical as6 sets.’’.

7 (b) CLERICAL AMENDMENT.—The analysis for chap8 ter 113A of title 18, United States Code, is amended by

9 adding the following:

‘‘2339A. Providing material support to terrorists.’’.

10 SEC. 522. SENTENCING GUIDELINES INCREASE FOR TER11 RORIST CRIMES.

12 The United States Sentencing Commission is directed

13 to amend its sentencing guidelines to provide an increase

14 of not less than three levels in the base offense level for

15 any felony, whether committed within or outside the Unit16 ed States, that involves or is intended to promote inter17 national terrorism, unless such involvement or intent is

18 itself an element of the crime.

19 SEC. 523. EXTENSION OF THE STATUTE OF LIMITATIONS

20 FOR CERTAIN TERRORISM OFFENSES.

21 (a) IN GENERAL.—Chapter 213 of title 18, United

22 States Code, is amended by inserting after section 2385

23 the following:
183

•HR 4197 IH

1 ‘‘§ 3286. Extension of statute of limitations for certain

2 terrorism offenses

3 ‘‘Notwithstanding the provisions of section 3282, no

4 person shall be prosecuted, tried, or punished for any of5 fense involving a violation of section 32 (aircraft destruc6 tion), section 36 (airport violence), section 112 (assaults

7 upon diplomats), section 351 (crimes against Congress8 men or Cabinet officers), section 1116 (crimes against dip9 lomats), section 1203 (hostage taking), section 1361 (will10 ful injury to government property), section 1751 (crimes

11 against the President), section 2280 (maritime violence),

12 section 2281 (maritime platform violence), section 2331

13 (terrorist acts abroad against United States nationals),

14 section 2339 (use of weapons of mass destruction), or sec15 tion 2340A (torture) of this title or section 902(i), (j),

16 (k), (l), or (n) of the Federal Aviation Act of 1958, as

17 amended (49 U.S.C. App. 1572(i), (j), (k), (l), or (n)),

18 unless the indictment is found or the information is insti19 tuted within 10 years after such offense shall have been

20 committed.’’.

21 (b) CLERICAL AMENDMENT.—The table of sections

22 at the beginning of chapter 213 of title 18, United States

23 Code, is amended by inserting below the item relating to

24 section 3285 the following new item:

‘‘3286. Extension of statute of limitations for certain terrorism offenses.’’.
184

•HR 4197 IH

1 SEC. 524. ENHANCED PENALTIES FOR CERTAIN OFFENSES.

2 (a) TITLE 50.—(1) Section 1705(b) of title 50, Unit3 ed States Code, is amended by replacing ‘‘$50,000’’ with

4 ‘‘$1,000,000’’.

5 (2) Section 1705(a) of title 50, United States Code,

6 is amended by replacing ‘‘$10,000’’ with ‘‘$1,000,000’’.

7 (b) TITLE 18.—(1) Section 1541 of title 18, United

8 States Code, is amended by replacing ‘‘$500’’ with

9 ‘‘$250,000’’ and by replacing ‘‘one year’’ with ‘‘five

10 years’’.

11 (2) Sections 1542, 1543, 1544 and 1546 of title 18,

12 United States Code, are each amended by replacing

13 ‘‘$2,000’’ with ‘‘$250,000’’ and by replacing ‘‘five years’’

14 with ‘‘ten years’’.

15 (3) Section 1545 of title 18, United States Code, is

16 amended by replacing ‘‘$2,000’’ with $250,000’’ and by

17 replacing ‘‘three years’’ with ‘‘ten years’’.

18 SEC. 525. IMPLEMENTATION OF THE 1988 PROTOCOL FOR

19 THE SUPPRESSION OF UNLAWFUL ACTS OF

20 VIOLENCE AT AIRPORTS SERVING INTER21 NATIONAL CIVIL AVIATION.

22 (a) OFFENSE.—Chapter 2 of title 18, United States

23 Code, is amended by adding at the end the following:
185

•HR 4197 IH

1 ‘‘§ 36. Violence at international airports

2 ‘‘(a) Whoever, in a circumstance described in sub3 section (b) of this section, unlawfully and intentionally,

4 using any device, substance or weapon—

5 ‘‘(1) performs an act of violence against a per6 son at an airport serving international civil aviation

7 which causes or is likely to cause serious injury or

8 death; or

9 ‘‘(2) destroys or seriously damages the facilities

10 of an airport serving international civil aviation or a

11 civil aircraft not in service located thereon or dis12 rupts the services of the airport;

13 if such an act endangers or is likely to endanger safety

14 at that airport, or attempts to do such an act, shall be

15 fined under this title or imprisoned not more than 20

16 years, or both, and if the death of any person results from

17 conduct prohibited by this subsection, shall be punished

18 by death or imprisoned for any term of years or for life.

19 ‘‘(b) The circumstances referred to in subsection (a)

20 of this section are—

21 ‘‘(1) the prohibited activity takes place in the

22 United States; or

23 ‘‘(2) the prohibited activity takes place outside

24 of the United States and the offender is later found

25 in the United States.’’.
186

•HR 4197 IH

1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of chapter 2 of title 18, United States

3 Code, is amended by adding at the end the following:

‘‘36. Violence at international airports.’’.

4 (c) EFFECTIVE DATE.—This section shall take effect

5 on the later of—

6 (1) the date of the enactment of this Act; or

7 (2) the date the Protocol for the Suppression of

8 Unlawful Acts of Violence at Airports Serving Inter9 national Civil Aviation, Supplementary to the Con10 vention for the Suppression of Unlawful Acts

11 Against the Safety of Civil Aviation, done at Mon12 treal on 23 September 1971, has come into force

13 and the United States has become a party to the

14 Protocol.

15 SEC. 526. AMENDMENT TO FEDERAL AVIATION ACT.

16 Section 902(n) of the Federal Aviation Act of 1958

17 (49 U.S.C. App. 1472(n)) is amended by—

18 (1) striking out paragraph (3); and

19 (2) redesignating paragraph (4) as paragraph

20 (3).

21 SEC. 527. OFFENSES OF VIOLENCE AGAINST MARITIME

22 NAVIGATION OR FIXED PLATFORMS.

23 (a) OFFENSE.—Chapter 111 of title 18, United

24 States Code, is amended by adding at the end the follow25 ing:
187

•HR 4197 IH

1 ‘‘§ 2280. Violence against maritime navigation

2 ‘‘(a) Whoever, in a circumstance described in sub3 section (c) of this section, unlawfully and intentionally—

4 ‘‘(1) seizes or exercises control over a ship by

5 force or threat thereof or any other form of intimi6 dation;

7 ‘‘(2) performs an act of violence against a per8 son on board a ship if that act is likely to endanger

9 the safe navigation of that ship;

10 ‘‘(3) destroys a ship or causes damage to a ship

11 or to its cargo which is likely to endanger the safe

12 navigation of that ship;

13 ‘‘(4) places or causes to be placed on a ship, by

14 any means whatsoever, a device or substance which

15 is likely to destroy that ship, or cause damage to

16 that ship or its cargo which endangers or is likely

17 to endanger the safe navigation of that ship;

18 ‘‘(5) destroys or seriously damages maritime

19 navigational facilities or seriously interferes with

20 their operation, if such act is likely to endanger the

21 safe navigation of a ship;

22 ‘‘(6) communicates information, knowing the

23 information to be false and under circumstances in

24 which such information may reasonably be believed,

25 thereby endangering the safe navigation of a ship;
188

•HR 4197 IH

1 ‘‘(7) injures or kills any person in connection

2 with the commission or the attempted commission of

3 any of the offenses set forth in paragraphs (1) to

4 (6); or

5 ‘‘(8) attempts to do anything prohibited under

6 paragraphs (1) through (7);

7 shall be fined under this title or imprisoned not more than

8 20 years, or both, and if the death of any person results

9 from conduct prohibited by this subsection, shall be pun10 ished by death or imprisoned for any term of years or for

11 life.

12 ‘‘(b) Whoever threatens to engage in conduct prohib13 ited under paragraphs (2), (3) or (5) of subsection (a)

14 of this section, with apparent determination and will to

15 carry the threat into execution, if the threatened conduct

16 is likely to endanger the safe navigation of the ship in

17 question, shall be fined under this title or imprisoned not

18 more than five years, or both.

19 ‘‘(c) The circumstances referred to in subsection (a)

20 are—

21 ‘‘(1) in the case of a covered ship—

22 ‘‘(A) such activity is committed—

23 ‘‘(i) against or on board a ship flying

24 the flag of the United States at the time

25 the prohibited activity is committed;
189

•HR 4197 IH

1 ‘‘(ii) in the United States; or

2 ‘‘(iii) by a national of the United

3 States or by a stateless person whose ha4 bitual residence is in the United States;

5 ‘‘(B) during the commission of such activ6 ity, a national of the United States is seized,

7 threatened, injured or killed; or

8 ‘‘(C) the offender is later found in the

9 United States after such activity is committed;

10 ‘‘(2) in the case of a ship navigating or sched11 uled to navigate solely within the territorial sea or

12 internal waters of a country other than the United

13 States, the offender is later found in the United

14 States after such activity is committed; and

15 ‘‘(3) in the case of any vessel, such activity is

16 committed in an attempt to compel the United

17 States to do or abstain from doing any act.

18 ‘‘(d) The master of a covered ship flying the flag of

19 the United States who has reasonable grounds to believe

20 that he has on board his ship any person who has commit21 ted an offense under Article 3 of the Convention for the

22 Suppression of Unlawful Acts Against the Safety of Mari23 time Navigation may deliver such person to the authorities

24 of a State Party to that Convention. Before delivering

25 such person to the authorities of another country, the
190

•HR 4197 IH

1 master shall notify in an appropriate manner the Attorney

2 General of the United States of the alleged offense and

3 await instructions from the Attorney General as to what

4 action he should take. When delivering the person to a

5 country which is a State Party to the Convention, the mas6 ter shall, whenever practicable, and if possible before en7 tering the territorial sea of such country, notify the au8 thorities of such country of his intention to deliver such

9 person and the reason therefor. If the master delivers such

10 person, he shall furnish the authorities of such country

11 with the evidence in the master’s possession that pertains

12 to the alleged offense.

13 ‘‘(e) As used in this section, the term—

14 ‘‘(1) ‘ship’ means a vessel of any type whatso15 ever not permanently attached to the sea-bed, in16 cluding dynamically supported craft, submersibles or

17 any other floating craft, but such term does not in18 clude a warship, a ship owned or operated by a gov19 ernment when being used as a naval auxiliary or for

20 customs or police purposes, or a ship which has been

21 withdrawn from navigation or laid up;

22 ‘‘(2) ‘covered ship’ means a ship that is navi23 gating or is scheduled to navigate into, through or

24 from waters beyond the outer limit of the territorial
191

•HR 4197 IH

1 sea of a single country or a lateral limit of that

2 country’s territorial sea with an adjacent country;

3 ‘‘(3) ‘national of the United States’ has the

4 meaning given such term in section 101(a)(22) of

5 the Immigration and Nationality Act (8 U.S.C.

6 1101(a)(22));

7 ‘‘(4) ‘territorial sea of the United States’ means

8 all waters extending seaward to 12 nautical miles

9 from the baselines of the United States determined

10 in accordance with international law; and

11 ‘‘(5) ‘United States’, when used in a geographi12 cal sense, includes the Commonwealth of Puerto

13 Rico, the Commonwealth of the Northern Marianas

14 Islands and all territories and possessions of the

15 United States.

16 ‘‘§ 2281. Violence against maritime fixed platforms

17 ‘‘(a) Whoever, in a circumstance described in sub18 section (c) of this section, unlawfully and intentionally—

19 ‘‘(1) seizes or exercises control over a fixed

20 platform by force or threat thereof or any other

21 form of intimidation;

22 ‘‘(2) performs an act of violence against a per23 son on board a fixed platform if that act is likely to

24 endanger its safety;
192

•HR 4197 IH

1 ‘‘(3) destroys a fixed platform or causes dam2 age to it which is likely to endanger its safety;

3 ‘‘(4) places or causes to be placed on a fixed

4 platform, by any means whatsoever, a device or sub5 stance which is likely to destroy that fixed platform

6 or likely to endanger its safety;

7 ‘‘(5) injures or kills any person in connection

8 with the commission or the attempted commission of

9 any of the offenses set forth in paragraphs (1) to

10 (4); or

11 ‘‘(6) attempts to do anything prohibited under

12 paragraphs (1)–(5);

13 shall be fined under this title or imprisoned not more than

14 twenty years, or both; and if death results to any person

15 from conduct prohibited by this subsection, shall be pun16 ished by death or imprisoned for any term of years or for

17 life.

18 ‘‘(b) Whoever threatens to engage in conduct prohib19 ited under paragraphs (2) or (3) of subsection (a), with

20 apparent determination and will to carry the threat into

21 execution, if the threatened conduct is likely to endanger

22 the safety of the fixed platform, shall be fined under this

23 title or imprisoned not more than five years, or both.

24 ‘‘(c) The circumstances referred to in subsection (a)

25 are—
193

•HR 4197 IH

1 ‘‘(1) such activity is committed against or on

2 board a fixed platform—

3 ‘‘(A) that is located on the continental

4 shelf of the United States;

5 ‘‘(B) that is located on the continental

6 shelf of another country, by a national of the

7 United States or by a stateless person whose

8 habitual residence is in the United States; or

9 ‘‘(C) in an attempt to compel the United

10 States to do or abstain from doing any act;

11 ‘‘(2) during the commission of such activity

12 against or on board a fixed platform located on a

13 continental shelf, a national of the United States is

14 seized, threatened, injured or killed; or

15 ‘‘(3) such activity is committed against or on

16 board a fixed platform located outside the United

17 States and beyond the continental shelf of the Unit18 ed States and the offender is later found in the

19 United States.

20 ‘‘(d) As used in this section, the term—

21 ‘‘(1) ‘continental shelf’ means the sea-bed and

22 subsoil of the submarine areas that extend beyond a

23 country’s territorial sea to the limits provided by

24 customary international law as reflected in Article

25 76 of the 1982 Convention on the Law of the Sea;
194

•HR 4197 IH

1 ‘‘(2) ‘fixed platform’ means an artificial island,

2 installation or structure permanently attached to the

3 sea-bed for the purpose of exploration or exploitation

4 of resources or for other economic purposes;

5 ‘‘(3) ‘national of the United States’ has the

6 meaning given such term in section 101(a)(22) of

7 the Immigration and Nationality Act (8 U.S.C.

8 1101(a)(22));

9 ‘‘(4) ‘territorial sea of the United States’ means

10 all waters extending seaward to 12 nautical miles

11 from the baselines of the United States determined

12 in accordance with international law; and

13 ‘‘(5) ‘United States’, when used in a geographi14 cal sense, includes the Commonwealth of Puerto

15 Rico, the Commonwealth of the Northern Marianas

16 Islands and all territories and possessions of the

17 United States.’’.

18 (b) CLERICAL AMENDMENT.—The table of sections

19 at the beginning of chapter 111 of title 18, United States

20 Code, is amended by adding at the end the following:

‘‘2280. Violence against maritime navigation.

‘‘2281. Violence against maritime fixed platforms.’’.

21 (c) EFFECTIVE DATES.—This section shall take ef22 fect on the later of—

23 (1) the date of the enactment of this Act; or
195

•HR 4197 IH

1 (2)(A) in the case of section 2280 of title 18,

2 United States Code, the date the Convention for the

3 Suppression of Unlawful Acts Against the Safety of

4 Maritime Navigation has come into force and the

5 United States has become a party to that Conven6 tion; and

7 (B) in the case of section 2281 of title 18,

8 United States Code, the date the Protocol for the

9 Suppression of Unlawful Acts Against the Safety of

10 Fixed Platforms Located on the Continental Shelf

11 has come into force and the United States has be12 come a party to that Protocol.

13 SEC. 528. WEAPONS OF MASS DESTRUCTION.

14 (a) OFFENSE.—Chapter 113A of title 18, United

15 States Code, is amended by adding at the end the follow16 ing:

17 ‘‘§ 2339. Use of weapons of mass destruction

18 ‘‘(a) Whoever uses, or attempts or conspires to use,

19 a weapon of mass destruction—

20 ‘‘(1) against a national of the United States

21 while such national is outside of the United States;

22 ‘‘(2) against any person within the United

23 States; or

24 ‘‘(3) against any property that is owned, leased

25 or used by the United States or by any department
196

•HR 4197 IH

1 or agency of the United States, whether the property

2 is within or outside of the United States;

3 shall be imprisoned for any term of years or for life, and

4 if death results, shall be punished by death or imprisoned

5 for any term of years or for life.

6 ‘‘(b) For purposes of this section—

7 ‘‘(1) ‘national of the United States’ has the

8 meaning given in section 101(a)(22) of the Immigra9 tion and Nationality Act (8 U.S.C. 1101(a)(22));

10 and

11 ‘‘(2) ‘weapon of mass destruction’ means—

12 ‘‘(a) any destructive device as defined in

13 section 921 of this title;

14 ‘‘(b) poison gas;

15 ‘‘(c) any weapon involving a disease orga16 nism; or

17 ‘‘(d) any weapon that is designed to release

18 radiation or radioactivity at a level dangerous

19 to human life.’’.

20 (b) CLERICAL AMENDMENT.—The table of sections

21 at the beginning of chapter 113A of title 18, United States

22 Code, is amended by adding the following:

‘‘2339. Use of weapons of mass destruction.’’.
197

•HR 4197 IH

1 SEC. 529. NATIONAL TASK FORCE ON

2 COUNTERTERRORISM.

3 (a) ESTABLISHMENT.—The President shall establish

4 a National Task Force on Counterterrorism comprised of

5 the following seven members: the Deputy Attorney Gen6 eral of the United States, the Deputy Director of Oper7 ations of the Central Intelligence Agency or the Deputy

8 Director of Central Intelligence, the Coordinator for Ter9 rorism of the Department of State, an Assistant Secretary

10 of Commerce as designated by the Secretary of Commerce,

11 the Secretary of Defense for Special Operations Low In12 tensity Conflict, the National Security Advisor or the Dep13 uty National Security Advisor for Special Operations Low

14 Intensity Conflict, and the Assistant Secretary of Treas15 ury for Enforcement. The Deputy Attorney General shall

16 serve as the Chairperson of the Task Force and shall co17 ordinate all antiterrorism activities of the intelligence com18 munity of the United States Government.

19 (b) DUTIES.—The National Task Force on

20 Counterterrorism shall—

21 (1) formulate a definition as to what constitutes

22 terrorism;

23 (2) define those intelligence assets dedicated for

24 collection of information on terrorism;
198

•HR 4197 IH

1 (3) define the methods for the Task Force to be

2 the central processor and distributor of intelligence

3 on terrorism;

4 (4) outline all preventive and reactive policy is5 sues with regards to terrorism;

6 (5) define the methods for the Task Force to

7 have overall operational control for counterterrorist

8 and terrorist anti-proliferation operations, both overt

9 and covert;

10 (6) report to Congress no later than six months

11 after the date of enactment of this Act, and each 90

12 days thereafter for the remainder of the two-year pe13 riod beginning on such date, as to how the Task

14 Force will implement paragraphs (1) through (5) of

15 this section; and

16 (7) beginning 60 days after the date on which

17 the report is submitted under paragraph (6), imple18 ment paragraphs (1) through (5) in accordance with

19 the report.

20 (c) CHIEF AND DEPUTY CHIEF OF STAFF.—The Na21 tional Task Force on Counterterrorism shall have a chief

22 of staff and a deputy chief of staff who shall be appointed

23 by the task force. The chief of staff shall be paid at a

24 rate not to exceed the rate of basic pay payable for the

25 highest rate payable for the Senior Executive Service.
199

•HR 4197 IH

1 SEC. 530. DEATH PENALTY FOR DEATH CAUSED BY THE

2 USE OF A BOMB OR OTHER DESTRUCTIVE

3 DEVICE.

4 Section 924 of title 18, United States Code, is

5 amended by adding at the end the following:

6 ‘‘(j) CAUSING DEATH THROUGH THE USE OF A

7 BOMB OR OTHER DESTRUCTIVE DEVICE.—

8 ‘‘(1) PENALTY.—

9 ‘‘(A) IN GENERAL.—Subject to subpara10 graph (B), a person who intentionally or with

11 reckless disregard for human life causes the

12 death of a person through the use of a bomb or

13 other destructive device shall be sentenced to

14 life imprisonment without release, or to death if

15 it is determined that imposition of a sentence of

16 death is justified.

17 ‘‘(B) LIMITATION.—No person may be

18 sentenced to the death penalty who was less

19 than 18 years of age at the time of the of20 fense.’’.
200

•HR 4197 IH

1 TITLE VI—CRIMINAL ALIENS

2 AND ALIEN SMUGGLING

3 Subtitle A—Deportation of

4 Criminal Aliens

5 SEC. 601. EXPEDITING CRIMINAL ALIEN DEPORTATION AND

6 EXCLUSION.

7 (a) CONVICTED DEFINED.—Section 241(a)(2) of the

8 Immigration and Nationality Act (8 U.S.C. 1251(a)(2))

9 is amended by adding at the end the following new sub10 paragraph:

11 ‘‘(E) CONVICTED DEFINED.—In this para12 graph, the term ‘convicted’ means a judge or

13 jury has found the alien guilty or the alien has

14 entered a plea of guilty or nolo contendere,

15 whether or not the alien appeals therefrom.’’.

16 (b) DEPORTATION OF CONVICTED ALIENS.—

17 (1) IMMEDIATE DEPORTATION.—Section 242(h)

18 of such Act (8 U.S.C. 1252(h)) is amended—

19 (A) by striking ‘‘(h) An alien’’ and insert20 ing ‘‘(h)(1) Subject to paragraph (2), an alien’’;

21 and

22 (B) by adding at the end the following new

23 paragraph:

24 ‘‘(2) An alien sentenced to imprisonment may be de25 ported prior to the termination of such imprisonment by
201

•HR 4197 IH

1 the release of the alien from confinement, if the Service

2 petitions the appropriate court or other entity with author3 ity concerning the alien to release the alien into the cus4 tody of the Service for execution of an order of deporta5 tion.’’.

6 (2) PROHIBITION OF REENTRY INTO THE

7 UNITED STATES.—Section 212(a)(2) of such Act (8

8 U.S.C. 1182(a)(2)) is amended—

9 (A) by redesignating subparagraph (F) as

10 subparagraph (G); and

11 (B) by inserting after subparagraph (E)

12 the following new subparagraph:

13 ‘‘(F) ALIENS DEPORTED BEFORE SERVING

14 MINIMUM PERIOD OF CONFINEMENT.—In addi15 tion to any other period of exclusion which may

16 apply an alien deported pursuant to section

17 242(h)(2) is excludable during the minimum pe18 riod of confinement to which the alien was sen19 tenced.’’.

20 (c) EXECUTION OF DEPORTATION ORDERS.—Section

21 242(i) of such Act (8 U.S.C. 1252(i)) is amended by add22 ing at the end the following: ‘‘An order of deportation may

23 not be executed until all direct appeals relating to the con24 viction which is the basis of the deportation order have

25 been exhausted.’’.
202

•HR 4197 IH

1 SEC. 602. AUTHORIZING REGISTRATION OF ALIENS ON

2 CRIMINAL PROBATION OR CRIMINAL PA3 ROLE.

4 Section 263(a) of the Immigration and Nationality

5 Act (8 U.S.C. 1303(a)) is amended by striking ‘‘and (5)’’

6 and inserting ‘‘(5) aliens who are or have been on criminal

7 probation or criminal parole within the United States, and

8 (6)’’.

9 SEC. 603. EXPANSION IN DEFINITION OF ‘‘AGGRAVATED

10 FELONY’’.

11 (a) EXPANSION IN DEFINITION.—Section 101(a)(43)

12 of the Immigration and Nationality Act (8 U.S.C.

13 1101(a)(43)) is amended to read as follows:

14 ‘‘(43) The term ‘aggravated felony’ means—

15 ‘‘(A) murder;

16 ‘‘(B) any illicit trafficking in any con17 trolled substance (as defined in section 102 of

18 the Controlled Substances Act), including any

19 drug trafficking crime as defined in section

20 924(c)(2) of title 18, United States Code;

21 ‘‘(C) any illicit trafficking in any firearms

22 or destructive devices as defined in section 921

23 of title 18, United States Code, or in explosive

24 materials as defined in section 841(c) of title

25 18, United States Code;
203

•HR 4197 IH

1 ‘‘(D) any offense described in sections

2 1951 through 1963 of title 18, Untied States

3 Code;

4 ‘‘(E) any offense described in—

5 ‘‘(i) subsection (h) or (i) of section

6 842, title 18, United States Code, or sub7 section (d), (e), (f), (g), (h), or (i) of sec8 tion 844 of title 18, United States Code,

9 (relating to explosive materials offenses),

10 ‘‘(ii) paragraph (1), (2), (3), (4), or

11 (5) of section 922(g), subsection (j), (n),

12 (o), (p), or (r) of section 922, section

13 924(b), or section 924(h) of title 18, Unit14 ed States Code, (relating to firearms of15 fenses), or

16 ‘‘(iii) section 5861 of the Internal

17 Revenue Code of 1986 (relating to fire18 arms offenses);

19 ‘‘(F) any crime of violence (as defined in

20 section 16 of title 18, United States Code, not

21 including a purely political offense) for which

22 the term of imprisonment imposed (regardless

23 of any suspension of such imprisonment) is at

24 least 5 years;
204

•HR 4197 IH

1 ‘‘(G) any theft offense (including receipt of

2 stolen property) or any burglary offense, where

3 a sentence of 5 years imprisonment or more

4 may be imposed;

5 ‘‘(H) any offense described in section 875,

6 section 876, section 877, or section 1202 of

7 title 18, United States Code (relating to the de8 mand for or receipt of ransom);

9 ‘‘(I) any offense described in section 2251,

10 section 2251A or section 2252 of title 18, Unit11 ed States Code (relating to child pornography);

12 ‘‘(J) any offense described in section 1084

13 of title 18, United States Code, where a sen14 tence of 5 years imprisonment or more may be

15 imposed;

16 ‘‘(K) any offense relating to commercial

17 bribery, counterfeiting, forgery or trafficking in

18 vehicles whose identification numbers have been

19 altered, where a sentence of 5 years imprison20 ment or more may be imposed;

21 ‘‘(L) any offense—

22 ‘‘(i) relating to the owning, control23 ling, managing or supervising of a pros24 titution business,
205

•HR 4197 IH

1 ‘‘(ii) described in section 2421

2 through 2424 of title 18, United States

3 Code, for commercial advantage, or

4 ‘‘(iii) described in sections 1581

5 through 1585, or section 1588, of title 18,

6 United States Code (relating to peonage,

7 slavery, and involuntary servitude);

8 ‘‘(M) any offense relating to perjury or

9 subornation of perjury where a sentence of 5

10 years imprisonment or more may be imposed;

11 ‘‘(N) any offense described in—

12 ‘‘(i) section 793 (relating to gathering

13 or transmitting national defense informa14 tion), section 798 (relating to disclosure of

15 classified information), section 2153 (relat16 ing to sabotage) or section 2381 or section

17 2382 (relating to treason) of title 18, Unit18 ed States Code, or

19 ‘‘(ii) section 421 of title 50, United

20 States Code (relating to protecting the

21 identity of undercover intelligence agents);

22 ‘‘(O) any offense—

23 ‘‘(i) involving fraud or deceit where

24 the loss to the victim or victims exceeded

25 $200,000; or
206

•HR 4197 IH

1 ‘‘(ii) described in section 7201 of title

2 26, United States Code (relating to tax

3 evasion), where the tax loss to the Govern4 ment exceeds $200,000;

5 ‘‘(P) any offense described in section

6 274(a)(1) of the Immigration and Nationality

7 Act (relating to alien smuggling) for the pur8 pose of commercial advantage;

9 ‘‘(Q) any violation of section 1546(a) of

10 title 18, United States Code (relating to docu11 ment fraud), for the purpose of commercial ad12 vantage; or

13 ‘‘(R) any offense relating to failing to ap14 pear before a court pursuant to a court order

15 to answer to or dispose of a charge of a felony,

16 where a sentence of 2 years or more may be im17 posed;

18 or any attempt or conspiracy to commit any such

19 act. Such term applies to offenses described in this

20 paragraph whether in violation of Federal or State

21 law and applies to such offenses in violation of the

22 laws of a foreign country for which the term of im23 prisonment was completed within the previous 15

24 years.’’.
207

•HR 4197 IH

1 (b) EFFECTIVE DATE.—The amendments made by

2 this section shall apply to all convictions entered before,

3 on, or after the date of enactment of this Act.

4 SEC. 604. DEPORTATION PROCEDURES FOR CERTAIN

5 CRIMINAL ALIENS WHO ARE NOT PERMA6 NENT RESIDENTS.

7 (a) ELIMINATION OF ADMINISTRATIVE HEARING FOR

8 CERTAIN CRIMINAL ALIENS.—Section 242A of the Immi9 gration and Nationality Act (8 U.S.C. 1252a) is amended

10 by adding at the end the following:

11 ‘‘(c) DEPORTATION OF ALIENS WHO ARE NOT PER12 MANENT RESIDENTS.—

13 ‘‘(1) Notwithstanding section 242, and subject

14 to paragraph (5), the Attorney General may issue a

15 final order of deportation against any alien described

16 in paragraph (2) whom the Attorney General deter17 mines to be deportable under section

18 241(a)(2)(A)(iii) (relating to conviction of an aggra19 vated felony).

20 ‘‘(2) An alien is described in this paragraph if

21 the alien—

22 ‘‘(A) was not lawfully admitted for perma23 nent residence at the time that proceedings

24 under this section commenced, or
208

•HR 4197 IH

1 ‘‘(B) had permanent resident status on a

2 conditional basis (as described in section 216)

3 at the time that proceedings under this section

4 commenced.

5 ‘‘(3) The Attorney General may delegate the

6 authority in this section to the Commissioner or to

7 any District Director of the Service.

8 ‘‘(4) No alien described in this section shall be

9 eligible for—

10 ‘‘(A) any relief from deportation that the

11 Attorney General may grant in his discretion,

12 or

13 ‘‘(B) relief under section 243(h).

14 ‘‘(5) The Attorney General may not execute any

15 order described in paragraph (1) until 14 calendar

16 days have passed from the date that such order was

17 issued, in order that the alien has an opportunity to

18 apply for judicial review under section 106.’’.

19 (b) LIMITED JUDICIAL REVIEW.—Section 106 of the

20 Immigration and Nationality Act (8 U.S.C. 1105a) is

21 amended—

22 (1) in the first sentence of subsection (a), by in23 serting ‘‘or pursuant to section 242A’’ after ‘‘under

24 section 242(b)’’;
209

•HR 4197 IH

1 (2) in subsection (a)(1) and subsection (a)(3),

2 by inserting ‘‘(including an alien described in section

3 242A)’’ after ‘‘aggravated felony’’; and

4 (3) by adding at the end the following new sub5 section:

6 ‘‘(d) Notwithstanding subsection (c), a petition for

7 review or for habeas corpus on behalf of an alien described

8 in section 242A(c) may only challenge whether the alien

9 is in fact an alien described in such section, and no court

10 shall have jurisdiction to review any other issue.’’.

11 (c) TECHNICAL AND CONFORMING CHANGES.—Sec12 tion 242A of the Immigration and Nationality Act (8

13 U.S.C. 1252a) is amended as follows:

14 (1) In subsection (a)—

15 (A) by striking ‘‘(a) IN GENERAL.—’’ and

16 inserting ‘‘(b) DEPORTATION OF PERMANENT

17 RESIDENT ALIENS.—(1) IN GENERAL.—’’; and

18 (B) by inserting in the first sentence ‘‘per19 manent resident’’ after ‘‘correctional facilities

20 for’’;

21 (2) In subsection (b)—

22 (A) by striking ‘‘(b) IMPLEMENTATION.—’’

23 and inserting ‘‘(2) IMPLEMENTATION.—’’; and

24 (B) by striking ‘‘respect to an’’ and insert25 ing ‘‘respect to a permanent resident’’;
210

•HR 4197 IH

1 (3) By striking out subsection (c);

2 (4) In subsection (d)—

3 (A) by striking ‘‘(d) EXPEDITED PRO4 CEEDINGS.—(1)’’ and inserting ‘‘(3) EXPE5 DITED PROCEEDINGS.—(A)’’;

6 (B) by inserting ‘‘permanent resident’’

7 after ‘‘in the case of any’’; and

8 (C) by striking ‘‘(2)’’ and inserting ‘‘(B)’’;

9 (5) In subsection (e)—

10 (A) by striking ‘‘(e) REVIEW.—(1)’’ and

11 inserting ‘‘(4) REVIEW.—(A)’’;

12 (B) by striking the second sentence; and

13 (C) by striking ‘‘(2)’’ and inserting ‘‘(B)’’;

14 (6) By inserting after the section heading the

15 following new subsection:

16 ‘‘(a) PRESUMPTION OF DEPORTABILITY.—An alien

17 convicted of an aggravated felony shall be conclusively pre18 sumed to be deportable from the United States.’’; and

19 (7) The heading of such section is amended to

20 read as follows:

21 ‘‘EXPEDITED DEPORTATION OF ALIENS CONVICTED OF

22 COMMITTING AGGRAVATED FELONIES’’.

23 (d) EFFECTIVE DATE.—The amendments made by

24 this section shall apply to all aliens against whom deporta25 tion proceedings are initiated after the date of enactment

26 of this Act.
211

•HR 4197 IH

1 SEC. 605. JUDICIAL DEPORTATION.

2 (a) JUDICIAL DEPORTATION.—Section 242A of the

3 Immigration and Nationality Act (8 U.S.C. 1252a) is

4 amended by inserting at the end the following new sub5 section:

6 ‘‘(d) JUDICIAL DEPORTATION.—

7 ‘‘(1) AUTHORITY.—Notwithstanding any other

8 provision of this Act, a United States district court

9 shall have jurisdiction to enter a judicial order of de10 portation at the time of sentencing against an alien

11 whose criminal conviction causes such alien to be de12 portable under section 241(a)(2)(A)(iii) (relating to

13 conviction of an aggravated felony), if such an order

14 has been requested prior to sentencing by the United

15 States Attorney with the concurrence of the Com16 missioner.

17 ‘‘(2) PROCEDURE.—

18 ‘‘(A) The United States Attorney shall pro19 vide notice of intent to request judicial deporta20 tion promptly after the entry in the record of

21 an adjudication of guilt or guilty plea. Such no22 tice shall be provided to the court, to the alien,

23 and to the alien’s counsel of record.

24 ‘‘(B) Notwithstanding section 242B, the

25 United States Attorney, with the concurrence of

26 the Commissioner, shall file at least 20 days
212

•HR 4197 IH

1 prior to the date set for sentencing a charge

2 containing factual allegations regarding the

3 alienage of the defendant and satisfaction by

4 the defendant of the definition of aggravated

5 felony.

6 ‘‘(C) If the court determines that the de7 fendant has presented substantial evidence to

8 establish prima facie eligibility for relief from

9 deportation under section 212(c), the Commis10 sioner shall provide the court with a rec11 ommendation and report regarding the alien’s

12 eligibility for relief under such section. The

13 court shall either grant or deny the relief

14 sought.

15 ‘‘(D)(i) The alien shall have a reasonable

16 opportunity to examine the evidence against

17 him or her, to present evidence on his or her

18 own behalf, and to cross-examine witnesses pre19 sented by the Government.

20 ‘‘(ii) The court, for the purposes of deter21 mining whether to enter an order described in

22 paragraph (1), shall only consider evidence that

23 would be admissible in proceedings conducted

24 pursuant to section 242(b).
213

•HR 4197 IH

1 ‘‘(iii) Nothing in this subsection shall limit

2 the information a court of the United States

3 may receive or consider for the purposes of im4 posing an appropriate sentence.

5 ‘‘(iv) The court may order the alien de6 ported if the Attorney General demonstrates by

7 clear and convincing evidence that the alien is

8 deportable under this Act.

9 ‘‘(3) NOTICE, APPEAL, AND EXECUTION OF JU10 DICIAL ORDER OF DEPORTATION.—

11 ‘‘(A)(i) A judicial order of deportation or

12 denial of such order may be appealed by either

13 party to the court of appeals for the circuit in

14 which the district court is located.

15 ‘‘(ii) Except as provided in clause (iii),

16 such appeal shall be considered consistent with

17 the requirements described in section 106.

18 ‘‘(iii) Upon execution by the defendant of

19 a valid waiver of the right to appeal the convic20 tion on which the order of deportation is based,

21 the expiration of the period described in section

22 106(a)(1), or the final dismissal of an appeal

23 from such conviction, the order of deportation

24 shall become final and shall be executed at the
214

•HR 4197 IH

1 end of the prison term in accordance with the

2 terms of the order.

3 ‘‘(B) As soon as is practicable after entry

4 of a judicial order of deportation, the Commis5 sioner shall provide the defendant with written

6 notice of the order or deportation, which shall

7 designate the defendant’s country of choice for

8 deportation and any alternate country pursuant

9 to section 243(a).

10 ‘‘(4) DENIAL OF JUDICIAL ORDER.—Denial of a

11 request for a judicial order of deportation shall not

12 preclude the Attorney General from initiating depor13 tation proceedings pursuant to section 242 upon the

14 same ground of deportability or upon any other

15 ground of deportability provided under section

16 241(a).’’.

17 (b) TECHNICAL AND CONFORMING CHANGES.—The

18 ninth sentence of section 242(b) of the Immigration and

19 Nationality Act (8 U.S.C. 1252(b)) is amended by striking

20 out ‘‘The’’ and inserting in lieu thereof, ‘‘Except as pro21 vided in section 242A(d), the’’.

22 (c) EFFECTIVE DATE.—The amendments made by

23 this section shall apply to all aliens whose adjudication of

24 guilt or guilty plea is entered in the record after the date

25 of enactment of this Act.
215

•HR 4197 IH

1 SEC. 606. RESTRICTING DEFENSES TO DEPORTATION FOR

2 CERTAIN CRIMINAL ALIENS.

3 (a) DEFENSES BASED ON SEVEN YEARS OF PERMA4 NENT RESIDENCE.—The last sentence of section 212(c)

5 of the Immigration and Nationality Act (8 U.S.C.

6 1182(c)) is amended by striking out ‘‘has served for such

7 felony or felonies’’ and all that follows through the period

8 and inserting in lieu thereof ‘‘has been sentenced for such

9 felony or felonies to a term of imprisonment of at least

10 5 years, provided that the time for appealing such convic11 tion or sentence has expired and the sentence has become

12 final.’’.

13 (b) DEFENSES BASED ON WITHHOLDING OF DEPOR14 TATION.—Section 243(h)(2) of the Immigration and Na15 tionality Act (8 U.S.C. 1253(h)(2)) is amended by—

16 (1) striking out the final sentence and inserting

17 in lieu thereof the following new subparagraph:

18 ‘‘(E) the alien has been convicted of an ag19 gravated felony.’’; and

20 (2) striking out the ‘‘or’’ at the end of subpara21 graph (C) and inserting ‘‘or’’ at the end of subpara22 graph (D).
216

•HR 4197 IH

1 SEC. 607. ENHANCING PENALTIES FOR FAILING TO DE2 PART, OR REENTERING, AFTER FINAL ORDER

3 OF DEPORTATION.

4 (a) FAILURE TO DEPART.—Section 242(e) of the Im5 migration and Nationality Act (8 U.S.C. 1252(e)) is

6 amended—

7 (1) by striking out ‘‘paragraph (2), (3), or 4

8 of’’ the first time it appears, and

9 (2) by striking out ‘‘shall be imprisoned not

10 more than ten years’’ and inserting in lieu thereof,

11 ‘‘shall be imprisoned not more than two years, or

12 shall be imprisoned not more than ten years if the

13 alien is a member of any of the classes described in

14 paragraph (2), (3), or (4) of section 241(a).’’.

15 (b) REENTRY.—Section 276(b) of the Immigration

16 and Nationality Act (8 U.S.C. 1326(b)) is amended—

17 (1) in paragraph (1), by (A) inserting after

18 ‘‘commission of’’ the following: ‘‘three or more mis19 demeanors or’’, and (B) striking out ‘‘5’’ and insert20 ing in lieu thereof ‘‘10’’,

21 (2) in paragraph (2), by striking out ‘‘15’’ and

22 inserting in lieu thereof ‘‘20’’, and

23 (3) by adding at the end the following sentence:

24 ‘‘For the purposes of this subsection, the term ‘de25 portation’ shall include any agreement where an
217

•HR 4197 IH

1 alien stipulates to deportation during a criminal trial

2 under either Federal or State law.’’.

3 (c) COLLATERAL ATTACKS ON UNDERLYING DEPOR4 TATION ORDER.—Section 276 of the Immigration and Na5 tionality Act (8 U.S.C. 1326) is amended by inserting

6 after subsection (b) the following new subsection:

7 ‘‘(c) In any criminal proceeding under this section,

8 no alien may challenge the validity of the deportation

9 order described in subsection (a)(1) or subsection (b) un10 less the alien demonstrates—

11 ‘‘(1) that the alien exhausted the administrative

12 remedies (if any) that may have been available to

13 seek relief against such order,

14 ‘‘(2) that the deportation proceedings at which

15 such order was issued improperly deprived the alien

16 of the opportunity for judicial review, and

17 ‘‘(3) that the entry of such order was fun18 damentally unfair.’’.

19 SEC. 608. MISCELLANEOUS AND TECHNICAL CHANGES.

20 (a) FORM OF DEPORTATION HEARINGS.—The sec21 ond sentence of section 242(b) of the Immigration and

22 Nationality Act (8 U.S.C. 1252(b)) is amended by insert23 ing before the period the following: ‘‘; except that nothing

24 in this subsection shall preclude the Attorney General

25 from authorizing proceedings by electronic or telephonic
218

•HR 4197 IH

1 media (with or without the consent of the alien) or, where

2 waived or agreed to by the parties, in the absence of the

3 alien.’’.

4 (b) CONSTRUCTION OF EXPEDITED DEPORTATION

5 REQUIREMENTS.—No amendment made by this Act and

6 nothing in section 242(i) of the Immigration and Nation7 ality Act (8 U.S.C. 1252(i)), shall be construed to create

8 any right or benefit, substantive or procedural, which is

9 legally enforceable by any party against the United States,

10 its agencies, its officers or any other person.

11 SEC. 609. AUTHORIZATION OF APPROPRIATIONS FOR

12 CRIMINAL ALIEN INFORMATION SYSTEM.

13 There is authorized to be appropriated to carry out

14 section 242(a)(3)(A) of the Immigration and Nationality

15 Act, $5,000,000 for fiscal year 1994 and $2,000,000 for

16 each of the fiscal years 1995, 1996, 1997, and 1998.

17 Subtitle B—Prevention and

18 Punishment of Alien Smuggling

19 SEC. 611. BORDER PATROL AGENTS.

20 In addition to such amounts as are otherwise author21 ized to be appropriated, there is authorized to be appro22 priated for each of the fiscal years 1994, 1995, 1996,

23 1997, 1998, for salaries and expenses of the Border Patrol

24 such amounts as may be necessary to provide for an in25 crease in the number of agents of the Border Patrol by
219

•HR 4197 IH

1 3,000 full-time equivalent agent positions beyond the

2 number of such positions at the Border Patrol on July

3 1, 1993.

4 SEC. 612. BORDER PATROL INVESTIGATORS.

5 In addition to such amounts as are otherwise author6 ized to be appropriated, there is authorized to be appro7 priated for each of the fiscal years 1994, 1995, 1996,

8 1997, 1998, for salaries and expenses of the Border Patrol

9 such amounts as may be necessary to provide for an in10 crease in the number of investigators of the Border Patrol

11 by 1,000 full-time equivalent investigator positions beyond

12 the number of such positions at the Border Patrol on July

13 1, 1993.

14 SEC. 613. ENHANCED PENALTIES FOR CERTAIN ALIEN

15 SMUGGLING.

16 Section 274(a)(1) of the Immigration and Nationality

17 Act (8 U.S.C. 1324(a)(1)) is amended by striking ‘‘five

18 years’’ and inserting ‘‘ten years’’.

19 TITLE VII—EXPANDING PRISON

20 CAPACITY

21 SEC. 701. USE OF PRIVATE ACTIVITY BONDS.

22 (a) IN GENERAL.—Subsection (a) of section 142 of

23 the Internal Revenue Code of 1986 (defining exempt facil24 ity bond) is amended by striking ‘‘or’’ at the end of para25 graph (11), by striking the period at the end of paragraph
220

•HR 4197 IH

1 (12) and inserting ‘‘, or’’, and by adding at the end thereof

2 the following new paragraph:

3 ‘‘(13) correctional facilities.’’.

4 (b) DEFINITION.—Section 142 of such Code is

5 amended by adding at the end thereof the following new

6 subsection:

7 ‘‘(k) CORRECTIONAL FACILITIES.—For purposes of

8 subsection (a)(13), the term ‘correctional facilities’ means

9 facilities for the confinement or rehabilitation of offenders

10 or individuals charged with or convicted of criminal of11 fenses, including prisons, jails, detention centers and drug

12 and alcohol rehabilitation centers. Correctional facilities

13 shall be treated in all events as serving the general pub14 lic.’’.

15 (c) EFFECTIVE DATE.—The amendments made by

16 this section shall apply to obligations issued after the date

17 of the enactment of this Act.

18 SEC. 702. FEDERAL-STATE PARTNERSHIPS FOR REGIONAL

19 PRISONS.

20 (a) CREATED BY ATTORNEY GENERAL.—The Attor21 ney General shall—

22 (1) establish a Regional Prison Task Force

23 comprised of—

24 (A) the Director of the Federal Bureau of

25 Prisons; and
221

•HR 4197 IH

1 (B) a senior correctional officer of each

2 State wishing to participate, who is designated

3 for this purpose by the Governor of the State;

4 and

5 (2) create a plan, in consultation with the Re6 gional Prison Task Force for the establishment of a

7 nationwide regional prison system, and report that

8 plan to the Committees on the Judiciary and Appro9 priations of the House of Representatives and the

10 Senate not later than 180 days after the date of the

11 enactment of this Act.

12 (b) SCOPE OF PLAN.—The plan shall—

13 (1) define the boundaries and number of re14 gions in which regional prisons will be placed;

15 (2) establish the terms of the partnership

16 agreements that States must enter into with the At17 torney General in order to participate in the regional

18 prison system;

19 (3) set forth the extent of the role of the Fed20 eral Bureau of Prisons in administering the prisons;

21 (4) determine the way 2 or more States in a re22 gion will share responsibility for the activities associ23 ated with the regional prisons; and

24 (5) specify both the Federal responsibility and

25 the State responsibility (which shall not be less than
222

•HR 4197 IH

1 50 percent) for construction costs and operating

2 costs of the regional prisons.

3 (c) STATE ELIGIBILITY.—No State may send any

4 prisoner to be held at a regional prison established under

5 this section unless such State, as determined by the Attor6 ney General—

7 (1) enters into a partnership agreement under

8 subsection (a) and abides substantially by its terms;

9 (2) establishes minimum mandatory sentences

10 of 10 years for persons who are convicted of a seri11 ous felony and are subsequently convicted of a crime

12 of violence involving the use of a firearm or a crime

13 of violence involving a sexual assault;

14 (3) establishes a truth in sentencing policy

15 under which offenders will serve no less than 85 per16 cent of the term of imprisonment to which they are

17 sentenced—

18 (A) after the date the State enters into the

19 partnership agreement, with respect to crimes

20 of violence involving the use of a firearm or a

21 crime of violence involving a sexual assault; and

22 (B) after a date set by the State which is

23 not later than 2 years after that State enters

24 into such agreement, with respect to all other
223

•HR 4197 IH

1 crimes of violence and serious drug trafficking

2 offenses;

3 (4) provides pretrial detention similar to that

4 provided in the Federal system under section 3142

5 of title 18, United States Code;

6 (5) takes steps to eliminate court imposed limi7 tations on its prison capacity resulting from consent

8 decrees or statutory provisions; and

9 (6) provides adequate assurances that—

10 (A) such State will not use the regional

11 prison system to supplant any part of its own

12 system; and

13 (B) funds provided by the State for the

14 construction of regional prisons under this sec15 tion will be in addition to what would otherwise

16 have been made available for the construction

17 and operation of prisons by the State.

18 (d) PRISONER ELIGIBILITY.—A State which is eligi19 ble under this section may send prisoners convicted of

20 State crimes to serve their prison sentence in the regional

21 prison established under this section if—

22 (1) the prisoner has been convicted of not less

23 than 2 crimes of violence or serious drug trafficking

24 offenses and then commits a crime of violence in-
224

•HR 4197 IH

1 volving the use of a firearm or a crime of violence

2 involving a sexual assault; or

3 (2) the prisoner is an illegal alien convicted of

4 a felony offense punishable by more than 1 year’s

5 imprisonment.

6 (e) DEFINITIONS.—As used in this section—

7 (1) the term ‘‘crime of violence’’ is a felony of8 fense that is—

9 (A) punishable by imprisonment for a term

10 exceeding one year; and

11 (B) a crime of violence as defined in sec12 tion 16 of title 18, United States Code;

13 (2) the term ‘‘serious drug trafficking offense’’

14 is a felony offense that is—

15 (A) punishable by imprisonment for a term

16 exceeding one year; and

17 (B) defined in section 924(e)(2)(A) of title

18 18, United States Code;

19 (3) the term ‘‘serious felony’’ means a felony

20 punishable by imprisonment for a term exceeding 1

21 year, or any act of juvenile delinquency involving the

22 use or carrying of a firearm, knife, or destructive de23 vice that would be punishable by imprisonment for

24 such term if committed by an adult, that—
225

•HR 4197 IH

1 (A) has as an element the use, attempted

2 use, or threatened use of physical force against

3 the person of another;

4 (B) is burglary, arson, or extortion, in5 volves use of explosives, or otherwise involves

6 conduct that presents a serious potential risk of

7 physical injury to another; or

8 (C) involves conduct in violation of section

9 401 of the Controlled Substances Act that con10 sists of illegal distribution of a controlled sub11 stance;

12 (4) the term ‘‘crime of violence involving a sex13 ual assault’’ is a crime of violence that is an offense

14 as defined in chapter 109A of title 18, United States

15 Code; and

16 (5) the term ‘‘State’’ includes the District of

17 Columbia, Puerto Rico, and any other territory or

18 possession of the United States.

19 (f) REGIONAL PRISON FUND.—There is established

20 in the Treasury the Regional Prison Fund. The Regional

21 Prison Fund shall consist of—

22 (1) sums appropriated to it by Act of Congress;

23 (2) notwithstanding section 1401 of the Victims

24 of Crime Act of 1984 (42 U.S.C. 10601) or any

25 other provision of law, the total of criminal fines de-
226

•HR 4197 IH

1 posited in the Crime Victims Fund during each fis2 cal year (beginning after the date of the enactment

3 of this Act) that exceeds $150,000,000; and

4 (3) notwithstanding any other provision of law,

5 any portion of the Department of Justice Asset For6 feiture Fund that the Attorney General determines

7 is remaining after distributions of—

8 (A) funds to be shared with State and

9 local law enforcement;

10 (B) funds to pay warehouse and appraisal

11 fees and innocent lien holders; and

12 (C) funds for Federal law enforcement.

13 (g) TRANSFERS.—The Secretary of the Treasury

14 shall from time to time make appropriate transfers be15 tween funds to implement subsection (f).

16 (h) USE OF REGIONAL PRISON FUND.—The Attor17 ney General may use any sums in the Regional Prison

18 Fund to carry out this section.

19 (i) AUTHORIZATION OF APPROPRIATIONS.—There

20 are authorized to be appropriated to the Regional Prison

21 Fund—

22 (1) $1,000,000,000 for each of fiscal years

23 1994 through 1996; and

24 (2) such sums as may be necessary thereafter

25 through fiscal year 2004.
227

•HR 4197 IH

1 SEC. 703. NON-APPLICABILITY OF DAVIS-BACON TO PRISON

2 CONSTRUCTION.

3 (a) FEDERAL PRISON CONSTRUCTION.—Section 1 of

4 the Davis-Bacon Act of March 3, 1991 (46 Stat. 1494,

5 as amended, 40 U.S.C. 276a) is amended by adding at

6 the end the following new subsection:

7 ‘‘(c) The requirements of this section shall not apply

8 to contracts for construction, alteration, and/or repair of

9 institutions used to incarcerate persons held under author10 ity of any enactment of Congress.’’.

11 (d) EFFECTIVE DATE.—The amendment made by

12 subsection (a) shall become effective on the date of enact13 ment of this Act.

14 SEC. 704. ACTIONS CHALLENGING CONDITIONS OF CON15 FINEMENT.

16 (a) IN GENERAL.—Title 28, United States Code is

17 amended by inserting after chapter 176 the following new

18 chapter:

19 ‘‘CHAPTER 177—ACTIONS CHALLENGING

20 CONDITIONS OF CONFINEMENT

‘‘Sec.

‘‘3401. Limitations on remedies.

‘‘3402. Consent decrees.

‘‘3403. Modification of orders or decrees.

21 ‘‘§ 3401. Limitations on remedies

22 ‘‘(a)(1) If the district court, in any action challenging

23 the constitutionality of conditions of confinement in any
228

•HR 4197 IH

1 prison, jail, detention facility, or other correctional institu2 tion housing persons accused or convicted of a crime or

3 juveniles adjudicated delinquent, finds that one or more

4 conditions of confinement are in violation of the United

5 States Constitution, the court shall narrowly tailor any re6 lief to fit the nature and extent of the violations and shall

7 make the order no more intrusive than absolutely nec8 essary to ensure that the violations are remedied. The

9 court shall have no jurisdiction—

10 ‘‘(A) to impose a ceiling on the population of

11 any institution or to require any adjustment of the

12 release dates of inmates; or

13 ‘‘(B) to prohibit the use of tents or prefab14 ricated structures for housing inmates.

15 ‘‘§ 3402. Consent decrees

16 ‘‘(a) No consent decree in any action challenging the

17 constitutionality of conditions of confinement in any pris18 on, jail, detention facility, or other correctional institution

19 housing persons accused or convicted of a crime or juve20 niles adjudicated delinquent shall provide relief greater

21 than the minimum required to bring the conditions of con22 finement into substantial compliance with the United

23 States Constitution.

24 ‘‘(b) In entering a consent decree, the court shall

25 make a written finding that the relief provided in the de-
229

•HR 4197 IH

1 cree is no greater than the minimum required to bring

2 the conditions of confinement into substantial compliance

3 with the United States Constitution. If it appears to the

4 court that the relief provided in the decree is greater than

5 the minimum required, the court may recommend changes

6 in the decree.

7 ‘‘§ 3403. Modification of orders or decrees

8 ‘‘(a)(1) Upon motion of a defendant at any time, the

9 court may conduct a hearing on whether an order or de10 cree described in section 3401 or 3402 of this title should

11 be modified in light of—

12 ‘‘(A) changed factual circumstances affecting

13 the operation of the order or decree, whether or not

14 foreseeable;

15 ‘‘(B) a change or clarification of the governing

16 law, whether or not foreseeable;

17 ‘‘(C) a succession in office of an official respon18 sible for having consented to a decree;

19 ‘‘(D) the government’s financial constraints or

20 any other matter affecting public safety or the pub21 lic interest; or

22 ‘‘(E) any ground provided in Rule 60(b) of the

23 Federal Rules of Civil Procedure.

24 ‘‘(2) The court shall conduct such a hearing if the

25 motion was filed more than one year after the date of the
230

•HR 4197 IH

1 order or decree or the date on which the last previous

2 modification hearing was conducted, whichever is later.

3 ‘‘(b) If the court denies a motion to modify an order

4 or consent decree under subsection (a) of this section, the

5 court shall make a written finding that the relief provided

6 in the order or decree, as of the date of decision, is no

7 greater than the minimum required to bring the conditions

8 of confinement into substantial compliance with the

9 United States Constitution.’’.

10 (b) CLERICAL AMENDMENT.—The table of chapters

11 at the beginning of part VI of title 28, United States Code,

12 is amended by inserting after the item relating to chapter

13 176 the following:

‘‘177. Actions Challenging Conditions of Confinement ....... 3401’’.

14 SEC. 705. CONVERSION OF PROPERTY AND FACILITIES AT

15 CLOSED OR REALIGNED MILITARY INSTALLA16 TIONS INTO YOUTHFUL OFFENDER BOOT

17 CAMPS.

18 (a) BASES CLOSED OR REALIGNED UNDER 1990

19 BASE CLOSURE LAW.—Section 2905 of the Defense Base

20 Closure and Realignment Act of 1990 (part A of title

21 XXIX of Public Law 101–510; 10 U.S.C. 2687 note) is

22 amended by adding at the end the following new sub23 section:

24 ‘‘(e) PRIORITY FOR CONVERSION TO YOUTHFUL OF25 FENDER BOOT CAMPS.—(1) Notwithstanding subsection
231

•HR 4197 IH

1 (b), before any action is taken with respect to the disposal

2 or transfer of any real property or facility located at a

3 military installation to be closed or realigned under this

4 part, the Secretary of Defense shall notify the State and

5 each local government in which the installation is located

6 and other interested persons of the suitability of the prop7 erty or facility for conversion and use as a youthful of8 fender boot camp.

9 ‘‘(2) Subject to paragraph (3), the Secretary shall

10 transfer (without reimbursement) the property or facilities

11 described in the notification to the State, local govern12 ment, or interested person if the State, local government,

13 or person certifies that the property or facilities will be

14 promptly converted to and used as a youthful offender

15 boot camp.

16 ‘‘(3) Any certification submitted under paragraph (2)

17 must be received by the Secretary not later than 180 days

18 after the Secretary provides the notification required by

19 paragraph (1) and must include a conversion and operat20 ing plan for the youthful offender boot camp. If the Sec21 retary receives more than one certification, the Secretary

22 shall select the recipient of the property or facility based

23 upon the quality and feasibility of the competing conver24 sion and operating plans. In the case of a certification sub25 mitted by a private person, the Secretary may reject the
232

•HR 4197 IH

1 certification and refuse to transfer the property or facility

2 concerned if—

3 ‘‘(A) the Secretary determines on the basis of

4 the conversion and operating plan that the person

5 will likely be unable to successfully convert or oper6 ate the proposed youthful offender boot camp; or

7 ‘‘(B) the State or any local government in

8 which the installation is located opposes the transfer.

9 ‘‘(4) As used in this subsection, the term ‘youthful

10 offender boot camp’ means a correctional facility operated

11 as a military-style boot camp to provide discipline, treat12 ment, and work for adjudicated non-violent offenders who

13 are between the ages of 14 and 25, inclusive.’’.

14 (b) BASES CLOSED OR REALIGNED UNDER 1988

15 BASE CLOSURE LAW.—(1) Section 204 of the Defense

16 Authorization Amendments and Base Closure and Re17 alignment Act (title II of Public Law 100–526; 10 U.S.C.

18 2687 note) is amended by adding at the end the following

19 new subsection:

20 ‘‘(d) PRIORITY FOR CONVERSION TO YOUTHFUL OF21 FENDER BOOT CAMPS.—(1) Notwithstanding subsection

22 (b), before any action is taken with respect to the disposal

23 or transfer of any real property or facility located at a

24 military installation to be closed or realigned under this

25 title, the Secretary of Defense shall notify the State and
233

•HR 4197 IH

1 each local government in which the installation is located

2 and other interested persons of the suitability of the prop3 erty or facility for conversion and use as a youthful of4 fender boot camp

5 ‘‘(2) Subject to paragraph (3), the Secretary shall

6 transfer (without reimbursement) the property or facilities

7 described in the notification to the State, local govern8 ment, or interested person if the State, local government,

9 or person certifies that the property or facilities will be

10 promptly converted to and used as a youthful offender

11 boot camp.

12 ‘‘(3) Any certification submitted under paragraph (2)

13 must be received by the Secretary not later than 180 days

14 after the Secretary provides the notification required by

15 paragraph (1) and must include a conversion and operat16 ing plan for the youthful offender boot camp. If the Sec17 retary receives more than one certification, the Secretary

18 shall select the recipient of the property or facility based

19 upon the quality and feasibility of the competing conver20 sion and operating plans. In the case of a certification sub21 mitted by a private person, the Secretary may reject the

22 certification and refuse to transfer the property or facility

23 concerned if—

24 ‘‘(A) the Secretary determines on the basis of

25 the conversion and operating plan that the person
234

•HR 4197 IH

1 will likely be unable to successfully convert or oper2 ate the proposed youthful offender boot camp; or

3 ‘‘(B) the State or any local government in

4 which the installation is located opposes the transfer.

5 ‘‘(4) As used in this subsection, the term ‘youthful

6 offender boot camp’ means a correctional facility operated

7 as a military-style boot camp to provide discipline, treat8 ment, and work for adjudicated non-violent offenders who

9 are between the ages of 14 and 25, inclusive.’’.

10 (c) MODEL YOUTHFUL OFFENDER BOOT CAMP.—

11 (1) DEVELOPMENT.—The Secretary of Defense,

12 in consultation with the Federal Bureau of Prisons

13 and State and local correctional agencies, shall de14 velop a model program intended to incorporate mili15 tary basic training and other military instruction

16 and disciplinary procedures into the design and op17 eration of youthful offender boot camps at the Fed18 eral, State, and local levels.

19 (2) DEFINITION.—For purposes of this sub20 section, the term ‘‘youthful offender boot camp’’

21 means a correctional facility operated as a military22 style boot camp to provide discipline, treatment, and

23 work for adjudicated non-violent offenders who are

24 between the ages of 14 and 25, inclusive.
235

•HR 4197 IH

1 SEC. 706. GRANTS FOR BOOT CAMPS.

2 Subsection (a) of section 516 of the Omnibus Crime

3 Control and Safe Streets Act of 1968 (42 U.S.C. 3762b)

4 is amended—

5 (1) by striking ‘‘80’’ and inserting ‘‘40’’; and

6 (2) by striking ‘‘10’’ the second place it appears

7 and inserting ‘‘50’’.

8 SEC. 707. RESTRICTED FEDERAL COURT JURISDICTION IN

9 IMPOSING REMEDIES ON STATE AND FED10 ERAL PRISON SYSTEMS.

11 (a) IN GENERAL.—Title 28, United States Code is

12 amended by inserting after chapter 176 the following new

13 chapter:

14 ‘‘CHAPTER 177—ACTIONS CHALLENGING

15 CONDITIONS OF CONFINEMENT

‘‘Sec.

‘‘3401. Limitations on remedies.

‘‘3402. Consent decrees.

‘‘3403. Modification of orders or decrees.

16 ‘‘§ 3401. Limitations on remedies

17 ‘‘(a)(1) If the district court, in any action challenging

18 the constitutionality of conditions of confinement in any

19 prison, jail, detention facility, or other correctional institu20 tion housing persons accused or convicted of a crime or

21 juveniles adjudicated delinquent, finds that one or more

22 conditions of confinement are in violation of the United

23 States Constitution, the court shall narrowly tailor any re-
236

•HR 4197 IH

1 lief to fit the nature and extent of the violations and shall

2 make the order no more intrusive than absolutely nec3 essary to ensure that the violations are remedied. The

4 court shall have no jurisdiction—

5 ‘‘(A) to impose a ceiling on the population of

6 any institution or to require any adjustment of the

7 release dates of inmates; or

8 ‘‘(B) to prohibit the use of tents or prefab9 ricated structures for housing inmates.

10 ‘‘§ 3402. Consent decrees

11 ‘‘(a) No consent decree in any action challenging the

12 constitutionality of conditions of confinement in any pris13 on, jail, detention facility, or other correctional institution

14 housing persons accused or convicted of a crime or juve15 niles adjudicated delinquent shall provide relief greater

16 than the minimum required to bring the conditions of con17 finement into substantial compliance with the United

18 States Constitution.

19 ‘‘(b) In entering a consent decree, the court shall

20 make a written finding that the relief provided in the de21 cree is no greater than the minimum required to bring

22 the conditions of confinement into substantial compliance

23 with the United States Constitution. If it appears to the

24 court that the relief provided in the decree is greater than
237

•HR 4197 IH

1 the minimum required, the court may recommend changes

2 in the decree.

3 ‘‘§ 3403. Modification of orders or decrees

4 ‘‘(a)(1) Upon motion of a defendant at any time, the

5 court may conduct a hearing on whether an order or de6 cree described in section 3401 or 3402 of this title should

7 be modified in light of—

8 ‘‘(A) changed factual circumstances affecting

9 the operation of the order or decree, whether or not

10 foreseeable;

11 ‘‘(B) a change or clarification of the governing

12 law, whether or not foreseeable;

13 ‘‘(C) a succession in office of an official respon14 sible for having consented to a decree;

15 ‘‘(D) the government’s financial constraints or

16 any other matter affecting public safety or the pub17 lic interest; or

18 ‘‘(E) any ground provided in Rule 60(b) of the

19 Federal Rules of Civil Procedure.

20 ‘‘(2) The court shall conduct such a hearing if the

21 motion was filed more than one year after the date of the

22 order or decree or the date on which the last previous

23 modification hearing was conducted, whichever is later.

24 ‘‘(b) If the court denies a motion to modify an order

25 or consent decree under subsection (a) of this section, the
238

•HR 4197 IH

1 court shall make a written finding that the relief provided

2 in the order or decree, as of the date of decision, is no

3 greater than the minimum required to bring the conditions

4 of confinement into substantial compliance with the Unit5 ed States Constitution.’’.

6 (b) CLERICAL AMENDMENT.—The table of chapters

7 at the beginning of part VI of title 28, United States Code,

8 is amended by inserting after the item relating to chapter

9 176 the following:

‘‘177. Actions Challenging Conditions of Confinement ....... 3401’’.

10 TITLE VIII—ELIMINATION OF

11 DELAYS IN CARRYING OUT

12 SENTENCES

13 Subtitle A—Post Conviction Peti14 tions: General Habeas Corpus

15 Reform

16 SEC. 801. PERIOD OF LIMITATION FOR FILING WRIT OF HA17 BEAS CORPUS FOLLOWING FINAL JUDGMENT

18 OF A STATE COURT.

19 Section 2244 of title 28, United States Code, is

20 amended by adding at the end the following:

21 ‘‘(d) A one-year period of limitation shall apply to an

22 application for a writ of habeas corpus by a person in cus23 tody pursuant to the judgment of a State court. The limi24 tation period shall run from the latest of the following

25 times:
239

•HR 4197 IH

1 ‘‘(1) The time at which State remedies are ex2 hausted.

3 ‘‘(2) The time at which the impediment to filing

4 an application created by State action in violation of

5 the Constitution or laws of the United States is re6 moved, where the applicant was prevented from fil7 ing by such State action.

8 ‘‘(3) The time at which the Federal right as9 serted was initially recognized by the Supreme

10 Court, where the right has been newly recognized by

11 the Court and is retroactively applicable.

12 ‘‘(4) The time at which the factual predicate of

13 the claim or claims presented could have been dis14 covered through the exercise of reasonable dili15 gence.’’.

16 SEC. 802. AUTHORITY OF APPELLATE JUDGES TO ISSUE

17 CERTIFICATES OF PROBABLE CAUSE FOR AP18 PEAL IN HABEAS CORPUS AND FEDERAL COL19 LATERAL RELIEF PROCEEDINGS.

20 Section 2253 of title 28, United States Code, is

21 amended to read as follows:

22 ‘‘§ 2253. Appeal

23 ‘‘(a) In a habeas corpus proceeding or a proceeding

24 under section 2255 of this title before a circuit or district

25 judge, the final order shall be subject to review, on appeal,
240

•HR 4197 IH

1 by the court of appeals for the circuit where the proceed2 ing is had.

3 ‘‘(b) There shall be no right of appeal from such an

4 order in a proceeding to test the validity of a warrant to

5 remove, to another district or place for commitment or

6 trial, a person charged with a criminal offense against the

7 United States, or to test the validity of his detention pend8 ing removal proceedings.

9 ‘‘(c) An appeal may not be taken to the court of ap10 peals from the final order in a habeas corpus proceeding

11 where the detention complained of arises out of process

12 issued by a State court, or from the final order in a pro13 ceeding under section 2255 of this title, unless a circuit

14 justice or judge issues a certificate of probable cause.’’.

15 SEC. 803. CONFORMING AMENDMENT TO THE RULES OF AP16 PELLATE PROCEDURE.

17 Federal Rule of Appellate Procedure 22 is amended

18 to read as follows:

19 ‘‘RULE 22

20 ‘‘HABEAS CORPUS AND SECTION 2255 PROCEEDINGS

21 ‘‘(a) APPLICATION FOR AN ORIGINAL WRIT OF HA22 BEAS CORPUS.—An application for a writ of habeas cor23 pus shall be made to the appropriate district court. If ap24 plication is made to a circuit judge, the application will

25 ordinarily be transferred to the appropriate district court.
241

•HR 4197 IH

1 If an application is made to or transferred to the district

2 court and denied, renewal of the application before a cir3 cuit judge is not favored; the proper remedy is by appeal

4 to the court of appeals from the order of the district court

5 denying the writ.

6 ‘‘(b) NECESSITY OF CERTIFICATE OF PROBABLE

7 CAUSE FOR APPEAL.—In a habeas corpus proceeding in

8 which the detention complained of arises out of process

9 issued by a State court, and in a motion proceeding pursu10 ant to section 2255 of title 28, United States Code, an

11 appeal by the applicant or movant may not proceed unless

12 a circuit judge issues a certificate of probable cause. If

13 a request for a certificate of probable cause is addressed

14 to the court of appeals, it shall be deemed addressed to

15 the judges thereof and shall be considered by a circuit

16 judge or judges as the court deems appropriate. If no ex17 press request for a certificate is filed, the notice of appeal

18 shall be deemed to constitute a request addressed to the

19 judges of the court of appeals. If an appeal is taken by

20 a State or the Government or its representative, a certifi21 cate of probable cause is not required.’’.
242

•HR 4197 IH

1 SEC. 804. DISCRETION TO DENY HABEAS CORPUS APPLICA2 TION DESPITE FAILURE TO EXHAUST STATE

3 REMEDIES.

4 Section 2254(b) of title 28, United State Code, is

5 amended to read as follows:

6 ‘‘(b) An application for a writ of habeas corpus in

7 behalf of a person in custody pursuant to the judgment

8 of a State court shall not be granted unless it appears

9 that the applicant has exhausted the remedies available

10 in the courts of the State, or that there is either an ab11 sence of available State corrective process or the existence

12 of circumstances rendering such process ineffective to pro13 tect the rights of the applicant. An application may be

14 denied on the merits notwithstanding the failure of the

15 applicant to exhaust the remedies available in the courts

16 of the State.’’.

17 SEC. 805. PERIOD OF LIMITATION FOR FEDERAL PRIS18 ONERS FILING FOR COLLATERAL REMEDY.

19 Section 2255 of title 28, United States Code, is

20 amended by striking the second paragraph and the penul21 timate paragraph thereof, and by adding at the end the

22 following new paragraphs:

23 ‘‘A two-year period of limitation shall apply to a mo24 tion under this section. The limitation period shall run

25 from the latest of the following times:
243

•HR 4197 IH

1 ‘‘(1) The time at which the judgment of convic2 tion becomes final.

3 ‘‘(2) The time at which the impediment to mak4 ing a motion created by governmental action in vio5 lation of the Constitution or laws of the United

6 States is removed, where the movant was prevented

7 from making a motion by such governmental action.

8 ‘‘(3) The time at which the right asserted was

9 initially recognized by the Supreme Court, where the

10 right has been newly recognized by the Court and is

11 retroactively applicable.

12 ‘‘(4) The time at which the factual predicate of

13 the claim or claims presented could have been dis14 covered through the exercise of reasonable dili15 gence.’’.

16 Subtitle B—Special Procedures for

17 Collateral Proceedings in Cap18 ital Cases

19 SEC. 811. DEATH PENALTY LITIGATION PROCEDURES.

20 Title 28, United States Code, is amended by inserting

21 the following new chapter immediately following chapter

22 153:

23 ‘‘CHAPTER 154—SPECIAL HABEAS CORPUS

24 PROCEDURES IN CAPITAL CASES

‘‘Sec.
244

•HR 4197 IH

‘‘2256. Prisoners in State custody subject to capital sentence; appointment of

counsel; requirement of rule of court or statute; procedures for

appointment.

‘‘2257. Mandatory stay of execution; duration; limits on stays of execution; successive petitions.

‘‘2258. Filing of habeas corpus petition; time requirements; tolling rules.

‘‘2259. Evidentiary hearings; scope of Federal review; district court adjudication.

‘‘2260. Certificate of probable cause inapplicable.

‘‘2261. Application to State unitary review procedures.

‘‘2262. Limitation periods for determining petitions.

‘‘2263. Rule of construction.

1 ‘‘§ 2256. Prisoners in State custody subject to capital

2 sentence; appointment of counsel; re3 quirement of rule of court or statute; pro4 cedures for appointment

5 ‘‘(a) This chapter shall apply to cases arising under

6 section 2254 brought by prisoners in State custody who

7 are subject to a capital sentence. It shall apply only if the

8 provisions of subsections (b) and (c) are satisfied.

9 ‘‘(b) This chapter is applicable if a State establishes

10 by rule of its court of last resort or by statute a mecha11 nism for the appointment, compensation and payment of

12 reasonable litigation expenses of competent counsel in

13 State postconviction proceedings brought by indigent pris14 oners whose capital convictions and sentences have been

15 upheld on direct appeal to the court of last resort in the

16 State or have otherwise become final for State law pur17 poses. The rule of court or statute must provide standards

18 of competency for the appointment of such counsel.

19 ‘‘(c) Any mechanism for the appointment, compensa20 tion and reimbursement of counsel as provided in sub-
245

•HR 4197 IH

1 section (b) must offer counsel to all State prisoners under

2 capital sentence and must provide for the entry of an

3 order by a court of record: (1) appointing one or more

4 counsel to represent the prisoner upon a finding that the

5 prisoner is indigent and accepted the offer or is unable

6 competently to decide whether to accept or reject the offer;

7 (2) finding, after a hearing if necessary, that the prisoner

8 rejected the offer of counsel and made the decision with

9 an understanding of its legal consequences; or (3) denying

10 the appointment of counsel upon a finding that the pris11 oner is not indigent.

12 ‘‘(d) No counsel appointed pursuant to subsections

13 (b) and (c) to represent a State prisoner under capital

14 sentence shall have previously represented the prisoner at

15 trial or on direct appeal in the case for which the appoint16 ment is made unless the prisoner and counsel expressly

17 request continued representation.

18 ‘‘(e) The ineffectiveness or incompetence of counsel

19 during State or Federal collateral postconviction proceed20 ings in a capital case shall not be a ground for relief in

21 a proceeding arising under section 2254 of this chapter.

22 This limitation shall not preclude the appointment of dif23 ferent counsel, on the court’s own motion or at the request

24 of the prisoner, at any phase of State or Federal
246

•HR 4197 IH

1 postconviction proceedings on the basis of the ineffective2 ness or incompetence of counsel in such proceedings.

3 ‘‘§ 2257. Mandatory stay of execution; duration; limits

4 on stays of execution; successive peti5 tions

6 ‘‘(a) Upon the entry in the appropriate State court

7 of record of an order under section 2256(c), a warrant

8 or order setting an execution date for a State prisoner

9 shall be stayed upon application to any court that would

10 have jurisdiction over any proceedings filed under section

11 2254. The application must recite that the State has in12 voked the postconviction review procedures of this chapter

13 and that the scheduled execution is subject to stay.

14 ‘‘(b) A stay of execution granted pursuant to sub15 section (a) shall expire if—

16 ‘‘(1) a State prisoner fails to file a habeas cor17 pus petition under section 2254 within the time re18 quired in section 2258, or fails to make a timely ap19 plication for court of appeals review following the de20 nial of such a petition by a district court;

21 ‘‘(2) upon completion of district court and court

22 of appeals review under section 2254 the petition for

23 relief is denied and (A) the time for filing a petition

24 for certiorari has expired and no petition has been

25 filed; (B) a timely petition for certiorari was filed
247

•HR 4197 IH

1 and the Supreme Court denied the petition; or (C)

2 a timely petition for certiorari was filed and upon

3 consideration of the case, the Supreme Court dis4 posed of it in a manner that left the capital sentence

5 undisturbed; or

6 ‘‘(3) before a court of competent jurisdiction, in

7 the presence of counsel and after having been ad8 vised of the consequences of his decision, a State

9 prisoner under capital sentence waives the right to

10 pursue habeas corpus review under section 2254.

11 ‘‘(c) If one of the conditions in subsection (b) has

12 occurred, no Federal court thereafter shall have the au13 thority to enter a stay of execution or grant relief in a

14 capital case unless—

15 ‘‘(1) the basis for the stay and request for relief

16 is a claim not previously presented in the State or

17 Federal courts;

18 ‘‘(2) the failure to raise the claim is (A) the re19 sult of State action in violation of the Constitution

20 or laws of the United States; (B) the result of the

21 Supreme Court recognition of a new Federal right

22 that is retroactively applicable; or (C) based on a

23 factual predicate that could not have been discovered

24 through the exercise of reasonable diligence in time
248

•HR 4197 IH

1 to present the claim for State or Federal

2 postconviction review; and

3 ‘‘(3) the facts underlying the claim would be

4 sufficient, if proven, to undermine the court’s con5 fidence in the determination of guilt on the offense

6 or offenses for which the death penalty was imposed.

7 ‘‘§ 2258. Filing of habeas corpus petition; time re8 quirements; tolling rules

9 ‘‘Any petition for habeas corpus relief under section

10 2254 must be filed in the appropriate district court within

11 one hundred and eighty days from the filing in the appro12 priate State court of record of an order under section

13 2256(c). The time requirements established by this section

14 shall be tolled—

15 ‘‘(1) from the date that a petition for certiorari

16 is filed in the Supreme Court until the date of final

17 disposition of the petition if a State prisoner files

18 the petition to secure review by the Supreme Court

19 of the affirmance of a capital sentence on direct re20 view by the court of last resort of the State or other

21 final State court decision on direct review;

22 ‘‘(2) during any period in which a State pris23 oner under capital sentence has a properly filed re24 quest for postconviction review pending before a

25 State court of competent jurisdiction; if all State fil-
249

•HR 4197 IH

1 ing rules are met in a timely manner, this period

2 shall run continuously from the date that the State

3 prisoner initially files for postconviction review until

4 final disposition of the case by the highest court of

5 the State, but the time requirements established by

6 this section are not tolled during the pendency of a

7 petition for certiorari before the Supreme Court ex8 cept as provided in paragraph (1); and

9 ‘‘(3) during an additional period not to exceed

10 sixty days, if (A) a motion for an extension of time

11 is filed in the Federal district court that would have

12 proper jurisdiction over the case upon the filing of

13 a habeas corpus petition under section 2254; and

14 (B) a showing of good cause is made for the failure

15 to file the habeas corpus petition within the time pe16 riod established by this section.

17 ‘‘§ 2259. Evidentiary hearings; scope of Federal re18 view; district court adjudication

19 ‘‘(a) Whenever a State prisoner under a capital sen20 tence files a petition for habeas corpus relief to which this

21 chapter applies, the district court shall—

22 ‘‘(1) determine the sufficiency of the record for

23 habeas corpus review based on the claims actually

24 presented and litigated in the State courts except

25 when the prisoner can show that the failure to raise
250

•HR 4197 IH

1 or develop a claim in the State courts is (A) the re2 sult of State action in violation of the Constitution

3 or laws of the United States; (B) the result of the

4 Supreme Court recognition of a new Federal right

5 that is retroactively applicable; or (C) based on a

6 factual predicate that could not have been discovered

7 through the exercise of reasonable diligence in time

8 to present the claim for State postconviction review;

9 and

10 ‘‘(2) conduct any requested evidentiary hearing

11 necessary to complete the record for habeas corpus

12 review.

13 ‘‘(b) Upon the development of a complete evidentiary

14 record, the district court shall rule on the claims that are

15 properly before it.

16 ‘‘§ 2260. Certificate of probable cause inapplicable

17 ‘‘The requirement of a certificate of probable cause

18 in order to appeal from the district court to the court of

19 appeals does not apply to habeas corpus cases subject to

20 the provisions of this chapter except when a second or suc21 cessive petition is filed.

22 ‘‘§ 2261. Application to State unitary review proce23 dure

24 ‘‘(a) For purposes of this section, a ‘unitary review’

25 procedure means a State procedure that authorizes a per-
251

•HR 4197 IH

1 son under sentence of death to raise, in the course of di2 rect review of the judgment, such claims as could be raised

3 on collateral attack. The provisions of this chapter shall

4 apply, as provided in this section, in relation to a State

5 unitary review procedure if the State establishes by rule

6 of its court of last resort or by statute a mechanism for

7 the appointment, compensation and payment of reasonable

8 litigation expenses of competent counsel in the unitary re9 view proceedings, including expenses relating to the litiga10 tion of collateral claims in the proceedings. The rule of

11 court or statute must provide standards of competency for

12 the appointment of such counsel.

13 ‘‘(b) A unitary review procedure, to qualify under this

14 section, must include an offer of counsel following trial

15 for the purpose of representation on unitary review, and

16 entry of an order, as provided in section 2256(c), concern17 ing appointment of counsel or waiver or denial of appoint18 ment of counsel for that purpose. No counsel appointed

19 to represent the prisoner in the unitary review proceedings

20 shall have previously represented the prisoner at trial in

21 the case for which the appointment is made unless the

22 prisoner and counsel expressly request continued represen23 tation.

24 ‘‘(c) Sections 2257, 2258, 2259, 2260, and 2262

25 shall apply in relation to cases involving a sentence of
252

•HR 4197 IH

1 death from any State having a unitary review procedure

2 that qualifies under this section. References to State ‘post3 conviction review’ and ‘direct review’ in those sections

4 shall be understood as referring to unitary review under

5 the State procedure. The references in sections 2257(a)

6 and 2258 to ‘an order under section 2256(c)’ shall be un7 derstood as referring to the post-trial order under sub8 section (b) concerning representation in the unitary review

9 proceedings, but if a transcript of the trial proceedings

10 is unavailable at the time of the filing of such an order

11 in the appropriate State court, then the start of the one

12 hundred and eighty day limitation period under section

13 2258 shall be deferred until a transcript is made available

14 to the prisoner or his counsel.

15 ‘‘§ 2262. Limitation periods for determining petitions

16 ‘‘(a) The adjudication of any petition under section

17 2254 of title 28, United States Code, that is subject to

18 this chapter, and the adjudication of any motion under

19 section 2255 of title 28, United States Code, by a person

20 under sentence of death, shall be given priority by the dis21 trict court and by the court of appeals over all noncapital

22 matters. The adjudication of such a petition or motion

23 shall be subject to the following time limitations:

24 ‘‘(1) A Federal district court shall determine

25 such a petition or motion within 180 days of filing.
253

•HR 4197 IH

1 ‘‘(2)(A) The court of appeals shall hear and de2 termine any appeal relating to such a petition or

3 motion within 180 days after the notice of appeal is

4 filed.

5 ‘‘(B) The court of appeals shall decide any ap6 plication for rehearing en banc within 30 days of the

7 filing of such application unless a responsive plead8 ing is required in which case the court of appeals

9 shall decide the application within 30 days of the fil10 ing of the responsive pleading. If en banc consider11 ation is granted, the en banc court shall determine

12 the appeal within 180 days of the decision to grant

13 such consideration.

14 ‘‘(b) The time limitations under subsection (a) shall

15 apply to an initial petition or motion, and to any second

16 or successive petition or motion. The same limitations

17 shall also apply to the re-determination of a petition or

18 motion or related appeal following a remand by the court

19 of appeals or the Supreme Court for further proceedings,

20 and in such a case the limitation period shall run from

21 the date of the remand.

22 ‘‘(c) The time limitations under this section shall not

23 be construed to entitle a petitioner or movant to a stay

24 of execution, to which the petitioner or movant would oth-
254

•HR 4197 IH

1 erwise not be entitled, for the purpose of litigating any

2 petition, motion, or appeal.

3 ‘‘(d) The failure of a court to meet or comply with

4 the time limitations under this section shall not be a

5 ground for granting relief from a judgment of conviction

6 or sentence. The State or Government may enforce the

7 time limitations under this section by applying to the court

8 of appeals or the Supreme Court for a writ of mandamus.

9 ‘‘(e) The Administrative Office of United States

10 Courts shall report annually to Congress on the compli11 ance by the courts with the time limits established in this

12 section.

13 ‘‘§ 2263. Rule of construction

14 ‘‘This chapter shall be construed to promote the expe15 ditious conduct and conclusion of State and Federal court

16 review in capital cases.’’.

17 (b) CLERICAL AMENDMENT.—The table of chapters

18 at the beginning of part VI of title 28, United States Code,

19 is amended by inserting after the item relating to chapter

20 153 the following new item:

‘‘154. Special habeas corpus procedures in capital cases 2256’’.
255

•HR 4197 IH

1 Subtitle C—Funding for Litigation

2 of Federal Habeas Corpus Peti3 tions in Capital Cases

4 SEC. 821. FUNDING FOR DEATH PENALTY PROSECUTIONS.

5 Part E of title I of the Omnibus Crime Control and

6 Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is

7 amended by adding at the end the following new section:

8 ‘‘SEC. 515. Notwithstanding any other provision of

9 this subpart, the Director shall provide grants to the

10 States, from the funding allocated pursuant to section

11 511, for the purpose of supporting litigation pertaining to

12 Federal habeas corpus petitions in capital cases. The total

13 funding available for such grants within any fiscal year

14 shall be equal to the funding provided to capital resource

15 centers, pursuant to Federal appropriation, in the same

16 fiscal year.’’.

17 TITLE IX—PUBLIC CORRUPTION

18 SEC. 901. OFFENSES.

19 (a) OFFENSES.—Chapter 11 of title 18, United

20 States Code, is amended by adding at the end the follow21 ing:

22 ‘‘§ 226. Public corruption

23 ‘‘(a) STATE AND LOCAL GOVERNMENT.—

24 ‘‘(1) HONEST SERVICES.—Whoever, in a cir25 cumstance described in paragraph (3), deprives or
256

•HR 4197 IH

1 defrauds, or endeavors to deprive or to defraud, by

2 any scheme or artifice, the inhabitants of a State of

3 the honest services of an official of that State, shall

4 be fined under this title, or imprisoned for not more

5 than 10 years, or both.

6 ‘‘(2) FAIR AND IMPARTIAL ELECTIONS.—Who7 ever, in a circumstance described in paragraph (3),

8 deprives or defrauds, or endeavors to deprive or to

9 defraud, by any scheme or artifice, the inhabitants

10 of a State of a fair and impartially conducted elec11 tion process in any primary, run-off, special, or gen12 eral election—

13 ‘‘(A) through the procurement, casting, or

14 tabulation of ballots that are materially false,

15 fictitious, or fraudulent, or that are invalid,

16 under the laws of the State in which the elec17 tion is held;

18 ‘‘(B) through paying or offering to pay any

19 person for voting;

20 ‘‘(C) through the procurement or submis21 sion of voter registrations that contain false

22 material information, or omit material informa23 tion; or

24 ‘‘(D) through the filing of any report re25 quired to be filed under State law regarding an
257

•HR 4197 IH

1 election campaign that contains false material

2 information or omits material information;

3 shall be fined under this title or imprisoned for not

4 more than 10 years, or both.

5 ‘‘(3) CIRCUMSTANCES IN WHICH OFFENSE OC6 CURS.—The circumstances referred to in paragraphs

7 (1) and (2) are that—

8 ‘‘(A) for the purpose of executing or con9 cealing a scheme or artifice described in para10 graph (1) or (2) or attempting to do so, a per11 son—

12 ‘‘(i) places in any post office or au13 thorized depository for mail matter, any

14 matter or thing to be sent or delivered by

15 the Postal Service, or takes or receives

16 from any such post office or depository,

17 any such matter or thing, or knowingly

18 causes to be delivered by mail according to

19 the direction on the mail, or at the place

20 at which it is directed to be delivered by

21 the person to whom it is addressed, any

22 such matter or thing;

23 ‘‘(ii) transports or causes to be trans24 ported any person or thing, or induces any
258

•HR 4197 IH

1 person to travel in or to be transported in,

2 interstate or foreign commerce; or

3 ‘‘(iii) uses or causes the use of any fa4 cility in interstate or foreign commerce;

5 ‘‘(B) the scheme or artifice affects or con6 stitutes an attempt to affect in any manner or

7 degree, or would if executed or concealed so af8 fect, interstate or foreign commerce; or

9 ‘‘(C) in the case of an offense described in

10 paragraph (2), an objective of the scheme or ar11 tifice is to secure the election of an official who,

12 if elected, would have some authority over the

13 administration of funds derived from an Act of

14 Congress totaling $10,000 or more during the

15 12-month period immediately preceding or fol16 lowing the election or date of the offense.

17 ‘‘(b) FEDERAL GOVERNMENT.—Whoever deprives or

18 defrauds, or endeavors to deprive or to defraud, by any

19 scheme or artifice, the inhabitants of the United States

20 of the honest services of an official of the United States

21 shall be fined under this title or imprisoned for not more

22 than 10 years, or both.

23 ‘‘(c) OFFENSE BY AN OFFICIAL AGAINST AN EM24 PLOYEE OR OFFICIAL.—
259

•HR 4197 IH

1 ‘‘(1) CRIMINAL OFFENSE.—Whoever, being an

2 official of a State or the United States, directly or

3 indirectly, discharges, demotes, suspends, threatens,

4 harasses, or, in any manner, discriminates against

5 another official of a State or the United States, or

6 endeavors to do so, in order to carry out or to con7 ceal a scheme or artifice described in subsection (a)

8 or (b), shall be fined under this title or imprisoned

9 for not more than 5 years, or both.

10 ‘‘(2) CIVIL ACTION.—(A) Any official who is

11 discharged, demoted, suspended, threatened, har12 assed, or in any other manner discriminated against

13 because of lawful acts done by the official as a result

14 of a violation of subsection (a) or (b) or because of

15 actions by the official on behalf of himself or herself

16 or others in furtherance of a prosecution under sub17 section (a) or (b) (including investigation for, initi18 ation of, testimony for, or assistance in such a pros19 ecution) may, in a civil action, obtain all relief nec20 essary to make such individual whole, including—

21 ‘‘(i) reinstatement with the same seniority

22 status the official would have had but for the

23 violation of paragraph (1);

24 ‘‘(ii) 3 times the amount of back pay;

25 ‘‘(iii) interest on the back pay; and
260

•HR 4197 IH

1 ‘‘(iv) compensation for any special dam2 ages sustained as a result of the violation of

3 paragraph (1), including reasonable litigation

4 costs and reasonable attorney’s fees.

5 ‘‘(B) An individual is not eligible for relief

6 under subparagraph (A) if that individual partici7 pated in the violation of subsection (a) or (b) with

8 respect to which such relief is sought.

9 ‘‘(C) A civil action or proceeding authorized by

10 this paragraph shall be stayed by a court upon the

11 certification of an attorney for the Government that

12 prosecution of the action or proceeding may ad13 versely affect the interests of the Government in a

14 pending criminal investigation or proceeding. The at15 torney for the Government shall promptly notify the

16 court when the stay may be lifted without such ad17 verse effects.

18 ‘‘(d) DEFINITIONS.—As used in this section—

19 ‘‘(1) the term ‘official’ means—

20 ‘‘(A) in the case of an official of a State—

21 ‘‘(i) any person employed by, exercis22 ing any authority derived from, or holding

23 any position in the government of a State,

24 including any department, independent es25 tablishment, commission, administration,
261

•HR 4197 IH

1 authority, board, or bureau, or a corpora2 tion or other legal entity established and

3 subject to control by a State for the execu4 tion of a program of such State;

5 ‘‘(ii) a juror;

6 ‘‘(iii) any person acting or pretending

7 to act under color of official authority; and

8 ‘‘(iv) any person who has been nomi9 nated, appointed, or selected to be an offi10 cial described in clause (i), (ii), or (iii) or

11 who has been officially informed that he or

12 she will be so nominated, appointed, or se13 lected; and

14 ‘‘(B) in the case of an official of the

15 United States—

16 ‘‘(i) an officer or employee or person

17 acting for or on behalf of the United

18 States, or any department, agency, or

19 branch of the United States Government in

20 any official function, under or by authority

21 of any such department, agency, or branch

22 of Government;

23 ‘‘(ii) a juror;

24 ‘‘(iii) any person acting or pretending

25 to act under color of official authority; and
262

•HR 4197 IH

1 ‘‘(iv) any person who has been nomi2 nated, appointed, or selected to be an offi3 cial described in clause (i), (ii), or (iii), or

4 has been officially informed that he or she

5 will be so nominated, appointed, or se6 lected;

7 ‘‘(2) the term ‘person acting or pretending to

8 act under color of official authority’ means any per9 son who represents that he or she controls, is an

10 agent of, or otherwise acts on behalf of an official;

11 ‘‘(3) the term ‘State’ means a State of the

12 United States, the District of Columbia, any com13 monwealth, territory, or possession of the United

14 States, and any political subdivision of such State,

15 District, commonwealth, territory, or possession; and

16 ‘‘(4) the term ‘uses any facility in interstate or

17 foreign commerce’ includes the intrastate use of any

18 facility that may also be used in interstate or foreign

19 commerce.’’.

20 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

21 (1) The table of sections at the beginning of chapter 11

22 of title 18, United States Code, is amended by adding at

23 the end the following item:

‘‘226. Public corruption.’’.

24 (2) Section 1961(1) of title 18, United States Code,

25 is amended by inserting ‘‘section 226 (relating to public
263

•HR 4197 IH

1 corruption),’’ after ‘‘section 224 (relating to sports brib2 ery),’’.

3 (3) Section 2516(1)(c) of title 18, United States

4 Code, is amended by inserting ‘‘section 226 (relating to

5 public corruption),’’ after ‘‘section 224 (bribery in sport6 ing contests),’’.

7 SEC. 902. INTERSTATE COMMERCE.

8 (a) IN GENERAL.—Section 1343 of title 18, United

9 States Code, is amended—

10 (1) by striking ‘‘transmits or causes to be

11 transmitted by means of wire, radio, or television

12 communication in interstate or foreign commerce,

13 any writings, signs, signals, pictures, or sounds’’ and

14 inserting ‘‘uses or causes to be used any facility in

15 interstate or foreign commerce (as defined in section

16 226(d)(5) of this title)’’; and

17 (2) by inserting ‘‘or attempting to do so’’ after

18 ‘‘for the purpose of executing such scheme or arti19 fice’’.

20 (b) CONFORMING AMENDMENTS.—(1) The section

21 caption for section 1343 of title 18, United States Code,

22 is amended to read as follows:
264

•HR 4197 IH

1 ‘‘§ 1343. Fraud by use of facility in interstate com2 merce’’.

3 (2) The table of sections at the beginning of chapter

4 63 of title 18, United States Code, is amended by striking

5 the item relating to section 1343 and inserting the follow6 ing:

‘‘1343. Fraud by use of facility in interstate commerce.’’.

7 SEC. 903. NARCOTICS-RELATED PUBLIC CORRUPTION.

8 (a) IN GENERAL.—Chapter 11 of title 18, United

9 States Code, is amended by inserting after section 219 the

10 following:

11 ‘‘§ 220. Narcotics and public corruption

12 ‘‘(a) OFFENSE BY PUBLIC OFFICIAL.—Any public of13 ficial who, in a circumstance described in subsection (c),

14 directly or indirectly, corruptly demands, seeks, receives,

15 accepts, or agrees to receive or accept anything of value

16 personally or for any other person in return for—

17 ‘‘(1) being influenced in the performance or

18 nonperformance of any official act; or

19 ‘‘(2) being influenced to commit or to aid in

20 committing, or to collude in, or to allow or make op21 portunity for the commission of any offense against

22 the United States or any State;

23 shall be guilty of a class B felony.

24 ‘‘(b) OFFENSE BY PERSON OTHER THAN A PUBLIC

25 OFFICIAL.—Any person who, in a circumstance described
265

•HR 4197 IH

1 in subsection (c), directly or indirectly, corruptly gives, of2 fers, or promises anything of value to any public official,

3 or offers or promises any public official to give anything

4 of value to any other person, with the intent—

5 ‘‘(1) to influence any official act;

6 ‘‘(2) to influence the public official to commit

7 or aid in committing, or to collude in, or to allow or

8 make opportunity for the commission of any offense

9 against the United States or any State; or

10 ‘‘(3) to influence the public official to do or to

11 omit to do any act in violation of such official’s law12 ful duty;

13 shall be guilty of a class B felony.

14 ‘‘(c) CIRCUMSTANCES IN WHICH OFFENSE OC15 CURS.—The circumstances referred to in subsections (a)

16 and (b) are that the offense involves, is part of, or is in17 tended to further or to conceal the illegal possession, im18 portation, manufacture, transportation, or distribution of

19 any controlled substance or controlled substance analogue.

20 ‘‘(d) DEFINITIONS.—As used in this section—

21 ‘‘(1) the terms ‘controlled substance’ and ‘con22 trolled substance analogue’ have the meanings given

23 those terms in section 102 of the Controlled Sub24 stances Act;
266

•HR 4197 IH

1 ‘‘(2) the term ‘official act’ means any decision,

2 action, or conduct regarding any question, matter,

3 proceeding, cause, suit, investigation, or prosecution

4 which may at any time be pending, or which may be

5 brought before any public official, in such official’s

6 official capacity, or in such official’s place of trust

7 or profit;

8 ‘‘(3) the term ‘public official’ means—

9 ‘‘(A) an officer or employee or person act10 ing for or on behalf of the United States, or

11 any department, agency, or branch of the Unit12 ed States Government in any official function,

13 under or by authority of any such department,

14 agency, or branch of Government;

15 ‘‘(B) a juror;

16 ‘‘(C) an officer or employee or person act17 ing for or on behalf of the government of any

18 State, or any political subdivision of a State, in

19 any official function, under or by the authority

20 of any such State or political subdivision; and

21 ‘‘(D) any person who has been nominated

22 or appointed to a position described in subpara23 graph (A), (B), or (C), or has been officially in24 formed that he or she will be so nominated or

25 appointed; and
267

•HR 4197 IH

1 ‘‘(4) the term ‘State’ means a State of the

2 United States, the District of Columbia, and any

3 commonwealth, territory, or possession of the United

4 States.’’.

5 (b) TECHNICAL AMENDMENTS.—(1) Section 1961(1)

6 of title 18, United States Code, is amended by inserting

7 ‘‘section 220 (relating to narcotics and public corrup8 tion),’’ after ‘‘Section 201 (relating to bribery),’’.

9 (2) Section 2516(1)(c) of title 18, United States

10 Code, is amended by inserting ‘‘section 220 (relating to

11 narcotics and public corruption),’’ after ‘‘section 201

12 (bribery of public officials and witnesses),’’.

13 (c) CLERICAL AMENDMENT.—The table of sections

14 at the beginning of chapter 11 of title 18, United States

15 Code, is amended by inserting after the item for section

16 219 the following:

‘‘220. Narcotics and public corruption.’’.

17 TITLE X—FUNDING

18 SEC. 1001. REDUCTION IN OVERHEAD COSTS INCURRED IN

19 FEDERALLY SPONSORED RESEARCH.

20 (a) CBO SCORING.—The Congressional Budget Of21 fice estimates that the reduction in overhead payments for

22 federally funded university research required by this sec23 tion will produce savings of $1,540,000,000 over 5 years

24 ($150,000,000 for fiscal year 1994, $310,000,000 for fis25 cal year 1995, $350,000,000 for fiscal year 1996,
268

•HR 4197 IH

1 $360,000,000 for fiscal year 1997, and $370,000,000 for

2 fiscal year 1998).

3 (b) LIMITATION.—Notwithstanding any other law, on

4 and after the date of the enactment of this Act, each head

5 of a Federal agency making a grant to or entering into

6 a contract with, an institution of higher education for re7 search and development, shall reduce the overhead pay8 ment rate under the grant or contract to 90 percent of

9 the current level and return the amount saved to the gen10 eral fund of the Treasury.

11 (c) DEFINITIONS.—In this section—

12 (1) the term ‘‘institution of higher education’’

13 has the meaning stated in section 1201(a) of the

14 Higher Education Act of 1965 (20 U.S.C. 1141(a));

15 and

16 (2) the term ‘‘Federal agency’’ means a depart17 ment, agency, or instrumentality of the Federal Gov18 ernment (including an executive agency (as defined

19 in section 105 of title 5, United States Code)).

20 SEC. 1002. OVERHEAD EXPENSE REDUCTION.

21 (a) CBO SCORING.—The Congressional Budget Of22 fice estimates that the reduction in administrative costs

23 required by this section will produce savings of

24 $6,000,000,000 over 5 years ($1,200,000,000 in each of

25 fiscal years 1994, 1995, 1996, 1997, and 1998).
269

•HR 4197 IH

1 (b) REDUCTION.—The overhead expenses identified

2 and reduced by the President in Executive Order 12837

3 are hereby reduced by an additional 5 percent. The reduc4 tion required by this section shall be taken from the total

5 of such expenses before the reduction by the President.

Æ

HR 4197 IH——2

HR 4197 IH——3

HR 4197 IH——4

HR 4197 IH——5

HR 4197 IH——6

HR 4197 IH——7

HR 4197 IH——8

HR 4197 IH——9

HR 4197 IH——10

HR 4197 IH——11

HR 4197 IH——12

HR 4197 IH——13

HR 4197 IH——14

HR 4197 IH——15

HR 4197 IH——16

HR 4197 IH——17