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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4197 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Citizens' Crime 
Prevention and Punishment Act of 1994''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
                    TITLE I--PUNISHING VIOLENT CRIME

             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.
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

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.
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.
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.

                    TITLE I--PUNISHING VIOLENT CRIME

             Subtitle A--Violent Felonies and Drug Offenses

SEC. 101. LIFE IMPRISONMENT OR DEATH PENALTY FOR SECOND FEDERAL VIOLENT 
              FELONY CONVICTION.

    Section 3581 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(c) Punishment of Certain Violent Felons.--
            ``(1) General rule.--Notwithstanding any other provision of 
        law, in the case of a conviction for a Federal violent felony, 
        the court shall sentence the defendant to prison for life if 
        the defendant has previously been convicted of another violent 
        felony and if a death results from the violent felony, the 
        defendant shall be subject to the death penalty.
            ``(2) Definition.--As used in this section the term 
        ``violent felony'' is a State or Federal offense--
                    ``(A) that involves the threatened use, use, or the 
                risk of use of physical force against the person of 
                another;
                    ``(B) for which the maximum authorized imprisonment 
                exceeds one year; and
                    ``(C) which is not designated a misdemeanor by the 
                law that defines the offense.
            ``(3) Rule of construction.--This subsection shall not be 
        construed to prevent the imposition of the death penalty.''.

SEC. 102. DENIAL OF FEDERAL BENEFITS TO PERSONS CONVICTED OF CRIMES OF 
              VIOLENCE.

    (a) In General.--Any individual who is convicted of any Federal or 
State crime of violence (as defined in section 16 of title 18, United 
States Code, shall--
            (1) at the discretion of the court, upon the first 
        conviction for such a crime, be ineligible for any or all 
        Federal benefits for up to 5 years after such conviction;
            (2) at the discretion of the court, upon a second 
        conviction for such a crime, be ineligible for any or all 
        Federal benefits for up to 10 years after such conviction; and
            (3) upon a third or subsequent conviction for such a crime, 
        be permanently ineligible for all Federal benefits.
    (b) Definition.--As used in this section, the term ``Federal 
benefit'' means the issuance of any grant, contract, loan, professional 
license, or commercial licence provided by an agency of the United 
States or by appropriated funds of the United States, but does not 
include any retirement or pension payment.

SEC. 103. ELIMINATION OF JUDICIAL DISCRETION IN DENIAL OF FEDERAL 
              BENEFITS IN CASES OF CERTAIN DRUG OFFENSES.

    Section 5301 of the Anti-Drug Abuse Act of 1988 is amended--
            (1) in subsection (a)--
                    (A) by striking ``at the discretion of the court,'' 
                each place it appears;
                    (B) by striking ``any or'' each place it appears; 
                and
                    (C) by striking ``up to'' each place it appears; 
                and
            (2) in subsection (b)--
                    (A) in paragraph (1)(A), by striking ``and at the 
                discretion of the court--'' and all that follows 
                through clause (iv) of such paragraph, and inserting 
                ``be ineligible for any Federal benefits for one 
                year;'';
                    (B) in paragraph (1)(B)--
                            (i) by striking ``up to''; and
                            (ii) by striking ``as determined by the 
                        court''; and
                    (C) by striking ``The court shall continue'' and 
                all that follows through ``under clause (i).''.

SEC. 104. ENHANCED PENALTY FOR DISCHARGE OF A FIREARM DURING AND IN 
              RELATION TO A CRIME OF VIOLENCE OR DRUG TRAFFICKING 
              CRIME.

    Section 924(c)(1) of title 18, United States Code, is amended in 
the 1st sentence by inserting ``and if the firearm is discharged, to 
imprisonment for 20 years'' before the period.

SEC. 105. MANDATORY MINIMUM PRISON SENTENCES FOR THOSE WHO SELL ILLEGAL 
              DRUGS TO MINORS OR WHO USE MINORS IN DRUG TRAFFICKING 
              ACTIVITIES.

    (a) Distribution to Persons Under Age 18.--Section 418 of the 
Controlled Substances Act (21 U.S.C. 859) is amended--
            (1) in subsection (a) (first offense) by inserting after 
        the second sentence ``Except to the extent a greater minimum 
        sentence is otherwise provided by section 401(b), a term of 
        imprisonment under this subsection in a case involving 
        distribution to a person under 18 years of age by a person 21 
        or more years of age shall be not less than 10 years. 
        Notwithstanding any other provision of law, the court shall not 
        place on probation or suspend the sentence of any person 
        sentenced under the preceding sentence.''; and
            (2) in subsection (b) (second offense) by inserting after 
        the second sentence ``Except to the extent a greater sentence 
        is otherwise authorized by section 401(b), a term of 
        imprisonment under this subsection in a case involving 
        distribution to a person under 18 years of age by a person 21 
        or more years of age shall be a mandatory term of life 
        imprisonment. Notwithstanding any other provision of law, the 
        court shall not place on probation or suspend the sentence of 
        any person sentenced under the preceding sentence.''.
    (b) Employment of Persons Under 18 Years of Age.--Section 420 of 
the Controlled Substances Act (21 U.S.C. 861) is amended--
            (1) in subsection (b) by adding at the end the following: 
        ``Except to the extent a greater minimum sentence is otherwise 
        provided, a term of imprisonment of a person 21 or more years 
        of age convicted under this subsection shall be not less than 
        10 years. Notwithstanding any other provision of law, the court 
        shall not place on probation or suspend the sentence of any 
        person sentenced under the preceding sentence.''; and
            (2) in subsection (c) (penalty for second offenses) by 
        inserting after the second sentence the following: ``Except to 
        the extent a greater minimum sentence is otherwise provided, a 
        term of imprisonment of a person 21 or more years of age 
        convicted under this subsection shall be a mandatory term of 
        life imprisonment. Notwithstanding any other provision of law, 
        the court shall not place on probation or suspend the sentence 
        of any person sentenced under the preceding sentence.''.

SEC. 106. DRUG TESTING OF FEDERAL OFFENDERS ON POST-CONVICTION RELEASE.

    (a) Drug Testing Program.--(1) Chapter 229 of title 18, United 
States Code, is amended by adding at the end the following:
``Sec. 3608. Drug testing of Federal offenders on post-conviction 
              release
    ``The Director of the Administrative Office of the United States 
Courts, in consultation with the Attorney General and the Secretary of 
Health and Human Services, shall, as soon as is practicable after the 
effective date of this section, establish a program of drug testing of 
Federal offenders on post-conviction release. The program shall include 
such standards and guidelines as the Director may determine necessary 
to ensure the reliability and accuracy of the drug testing programs. In 
each district where it is feasible to do so, the chief probation 
officer shall arrange for the drug testing of defendants on post-
conviction release pursuant to a conviction for a felony or other 
offense described in section 3563(a)(4) of this title.''.
    (2) The table of sections at the beginning of chapter 229 of title 
18, United States Code, is amended by adding at the end the following:

``3608. Drug testing of Federal offenders on post-conviction 
                            release.''.
    (b) Drug Testing Condition for Probation.--
            (1) Section 3563(a) of title 18, United States Code, is 
        amended--
                    (A) in paragraph (2), by striking out ``and'';
                    (B) in paragraph (3), by striking out the period 
                and inserting ``; and''; and
                    (C) by adding after paragraph (3) the following:
            ``(4) for a felony, an offense involving a firearm as 
        defined in section 921 of this title, a drug or narcotic 
        offense as defined in section 404(c) of the Controlled 
        Substances Act (21 U.S.C. 844(c)), or a crime of violence as 
        defined in section 16 of this title, that the defendant refrain 
        from any unlawful use of the controlled substance and submit to 
        periodic drug tests (as determined by the court) for use of a 
        controlled substance. This latter condition may be suspended or 
        ameliorated upon request of the Director of the Administrative 
        Office of the United States Courts, or the Director's designee. 
        In addition, the Court may decline to impose this condition for 
        any individual defendant, if the defendant's presentence report 
        or other reliable sentencing information indicates a low risk 
        of future substance abuse by the defendant. A defendant who 
        tests positive may be detained pending verification of a drug 
        test result.''.
            (2) Drug testing for supervised release.--Section 3583(d) 
        of title 18, United States Code, is amended by inserting after 
        the first sentence the following: ``For a defendant convicted 
        of a felony or other offense described in section 3563(a)(4) of 
        this title, the court shall also order, as an explicit 
        condition of supervised release, that the defendant refrain 
        from any unlawful use of a controlled substance and submit to 
        periodic drug tests (as determined by the court), for use of a 
        controlled substance. This latter condition may be suspended or 
        ameliorated as provided in section 3563(a)(4) of this title.''.
            (3) Drug testing in connection with parole.--Section 
        4209(a) of title 18, United States Code, is amended by 
        inserting after the first sentence the following: ``If the 
        parolee has been convicted of a felony or other offense 
        described in section 3563(a)(4) of this title, the Commission 
        shall also impose as a condition of parole that the parolee 
        refrain from any unlawful use of a controlled substance and 
        submit to periodic drug tests (as determined by the Commission) 
        for use of a controlled substance. This latter condition may be 
        suspended or ameliorated as provided in section 3563(a)(4) of 
        this title.''.
    (c) Revocation of Release.--
            (1) Revocation of probation.--The last sentence of section 
        3565(a) of title 18, United States Code, is amended by 
        inserting ``or unlawfully uses a controlled substance or 
        refuses to cooperate in drug testing, thereby violating the 
        condition imposed by section 3563(a)(4),'' after 
        ``3563(a)(3)''.
            (2) Revocation of supervised release.--Section 3583(g) of 
        title 18, United States Code, is amended by inserting ``or 
        unlawfully uses a controlled substance or refuses to cooperate 
        in drug testing imposed as a condition of supervised release,'' 
        after ``substance''.
            (3) Revocation of parole.--Section 4214(f) of title 18, 
        United States Code, is amended by inserting after ``substance'' 
        the following: ``, or who unlawfully uses a controlled 
        substance or refuses to cooperate in drug testing imposed as a 
        condition of parole,''.

SEC. 107. STRENGTHENING THE ARMED CAREER CRIMINALS ACT.

    Section 924(e)(2)(A) of title 18, United States Code, as amended by 
section 151 of this Act, is amended--
            (1) in clause (ii), by striking ``or'' at the end;
            (2) in clause (iii), by adding ``or'' at the end; and
            (3) by adding at the end the following:
                    ``(iv) an offense under State law which, if it had 
                been prosecuted as a violation of the Controlled 
                Substances Act at the time of the offense and because 
                of the type and quantity of the controlled substance 
                involved, would have been punishable by a maximum term 
                of imprisonment of 10 years or more;''.

SEC. 108. MANDATORY PENALTIES FOR FIREARMS POSSESSION BY VIOLENT FELONS 
              AND SERIOUS DRUG OFFENDERS.

    (a) 1 Prior Conviction.--Section 924(a)(2) of title 18, United 
States Code, is amended by inserting ``, and if the violation is of 
section 922(g)(1) by a person who has a previous conviction for a 
violent felony (as defined in subsection (e)(2)(B) of this section) or 
a serious drug offense (as defined in subsection (e)(2)(A) of this 
section), a sentence imposed under this paragraph shall include a term 
of imprisonment of not less than 5 years'' before the period.
    (b) 2 Prior Convictions.--Section 924 of such title, as amended by 
sections 430 and 705(e) of this Act, is amended by adding at the end 
the following:
    ``(l)(1) Notwithstanding subsection (a)(2) of this section, any 
person who violates section 922(g) and has 2 previous convictions by 
any court referred to in section 922(g)(1) for a violent felony (as 
defined in subsection (e)(2)(B) of this section) or a serious drug 
offense (as defined in subsection (e)(2)(A) of this section) committed 
on occasions different from one another shall be fined under this 
title, imprisoned not less than 10 years and not more than 20 years, or 
both.
    ``(2) Notwithstanding any other provision of law, the court shall 
not suspend the sentence of, or grant a probationary sentence to, a 
person described in paragraph (1) of this subsection with respect to 
the conviction under section 922(g).''.

SEC. 109. MANDATORY MINIMUM SENTENCE FOR UNLAWFUL POSSESSION OF A 
              FIREARM BY CONVICTED FELON, FUGITIVE FROM JUSTICE, OR 
              TRANSFEROR OR RECEIVER OF STOLEN FIREARM.

    Section 924(a) of title 18, United States Code, is amended by 
adding at the end the following:
    ``(6) Whoever knowingly possesses a firearm in violation of 
paragraph (1) or (2) of section 922(g), or in violation of subsection 
(i) or (j), shall be imprisoned not less than 5 years. Notwithstanding 
any other provision of law, the court shall not impose a probationary 
sentence on, or suspend the sentence of, any person convicted under 
this paragraph, nor shall the term of imprisonment imposed under this 
paragraph run concurrently with any other term of imprisonment imposed 
under any other provision of law.''.

SEC. 110. INCREASE IN GENERAL PENALTY FOR VIOLATION OF FEDERAL FIREARMS 
              LAWS.

    Section 924(a)(1) of title 18, United States Code, is amended--
            (1) by striking ``not more than $5,000'' and inserting 
        ``under this title''; and
            (2) by striking ``five'' and inserting ``10''.

SEC. 111. INCREASE IN ENHANCED PENALTIES FOR POSSESSION OF FIREARM IN 
              CONNECTION WITH CRIME OF VIOLENCE OR DRUG TRAFFICKING 
              CRIME.

    Section 924(c)(1) of title 18, United States Code, is amended--
            (1) by striking ``five'' and inserting ``10''; and
            (2) by striking ``twenty'' and inserting ``30''.

SEC. 112. SMUGGLING FIREARMS IN AID OF DRUG TRAFFICKING OR VIOLENT 
              CRIME.

    Section 924 of title 18, United States Code, as amended by sections 
430, 705(e), and 714(b) of this Act, is amended by adding at the end 
the following:
    ``(m) Whoever, with the intent to engage in or to promote conduct 
which--
            ``(1) is punishable under the Controlled Substances Act (21 
        U.S.C. 801 et seq.), the Controlled Substances Import and 
        Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law 
        Enforcement Act (46 U.S.C. App. 1901 et seq.);
            ``(2) violates any law of a State relating to any 
        controlled substance (as defined in section 102 of the 
        Controlled Substances Act (21 U.S.C. 802)); or
            ``(3) constitutes a crime of violence (as defined in 
        subsection (c)(3) of this section;
smuggles or knowingly brings into the United States a firearm, or 
attempts to do so, shall be imprisoned for not more than 10 years, 
fined under this title, or both.''.

SEC. 113. DEFINITION OF CONVICTION UNDER CHAPTER 44.

    Section 921(a)(20) of title 18, United States Code, is amended in 
the 3rd sentence by inserting ``(other than for a violent felony (as 
defined in section 924(e)(2)(B)) involving the threatened or actual use 
of a firearm or explosive, or for a serious drug offense (as defined in 
section 924(e)(2)(A)))'' after ``Any conviction''.

SEC. 114. DEFINITION OF SERIOUS DRUG OFFENSE UNDER THE ARMED CAREER 
              CRIMINAL ACT.

    Section 924(e)(2)(A) of title 18, United States Code, as amended by 
sections 151 and 713 of this Act, is amended--
            (1) by striking ``or'' at the end of clause (iii);
            (2) by inserting ``or'' at the end of clause (iv); and
            (3) by adding at the end the following:
            ``(v) an offense under State law that, if it were 
        prosecuted as a violation of the Controlled Substances Act (21 
        U.S.C. 801 et seq.) as that Act provided at the time of the 
        offense, would be punishable by a maximum term of imprisonment 
        of 10 years or more;''.

SEC. 115. DEFINITION OF BURGLARY UNDER THE ARMED CAREER CRIMINAL ACT.

    Section 924(e)(2) of title 18, United States Code, is amended--
            (1) by striking ``and'' at the end of subparagraph (B);
            (2) by striking the period at the end of subparagraph (C) 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(D) the term `burglary' means a crime that--
                    ``(i) consists of entering or remaining 
                surreptitiously in a building that is the property of 
                another person with intent to engage in conduct 
                constituting a Federal or State offense; and
                    ``(ii) is punishable by a term of imprisonment 
                exceeding 1 year.''.

SEC. 116. TEMPORARY PROHIBITION AGAINST POSSESSION OF A FIREARM BY, OR 
              TRANSFER OF A FIREARM TO, PERSONS CONVICTED OF A DRUG 
              CRIME.

    (a) Temporary Prohibition.--Section 922 of title 18, United States 
Code, is amended by adding at the end the following:
    ``(v)(1)(A) Except as provided in paragraph (2), it shall be 
unlawful for any individual who has been convicted in any court of a 
drug crime to possess a firearm during the period described in 
subparagraph (B).
    ``(B) The period described in this subparagraph is the period that 
begins with the date the individual committed the drug crime and ends 5 
years after the most recent date (occurring after the commission of 
such crime) on which the individual has committed a drug crime or has 
violated any Federal or State law relating to firearms.
    ``(2) Paragraph (1) shall not apply with respect to convictions 
occurring on or before the date of the enactment of this subsection.
    ``(w)(1)(A) Except as provided in paragraph (2), it shall be 
unlawful for any person to transfer a firearm to any individual knowing 
or having reasonable cause to believe that the individual is under 
indictment for a drug crime.
    ``(B)(i) Except as provided in paragraph (2), it shall be unlawful 
for any person, during the period described in clause (ii), to transfer 
a firearm to any individual knowing or having reasonable cause to 
believe that the individual has been convicted in any court of a drug 
crime.
    ``(ii) The period described in this clause is the period that 
begins with the date the individual committed the drug crime and ends 5 
years after the most recent date (occurring after the commission of 
such crime) on which the individual has committed a drug crime or has 
violated any Federal or State law relating to firearms.
    ``(2) The second sentence of subsection (d) shall apply in like 
manner to paragraph (1) of this subsection.''.
    (b) Penalty.--Section 924(a)(1)(B) of such title is amended by 
striking ``or (q)'' and inserting ``(r), (v)(1), or (w)(1)''.
    (c) Enhanced Penalties for Possession of a Firearm During a Drug 
Crime.--Section 924 of such title, as amended by sections 430, 705(e), 
714(b), and 718 of this Act, is amended by adding at the end the 
following:
    ``(n) Whoever, during and in relation to a drug crime (including a 
drug crime which provides for an enhanced punishment if committed by 
the use of a deadly or dangerous weapon or device) for which he may be 
prosecuted in a court of the United States, possesses a firearm, in 
addition to the punishment provided for such drug crime, may be 
sentenced to imprisonment for not less than 15 days and not more than 2 
years, and shall be fined not less than $2,500 and not more than 
$10,000, and if the firearm is a machine gun, or is equipped with a 
firearm silencer or firearm muffler, shall be sentenced to imprisonment 
for 15 years. In the case of a second or subsequent conviction under 
this subsection, such person shall be sentenced to imprisonment for not 
less than 15 days and not more than 2 years, and shall be fined not 
less than $2,500 and not more than $10,000, and if the firearm is a 
machine gun, or is equipped with a firearm silencer or firearm muffler, 
shall be sentenced to imprisonment for 30 years. Notwithstanding any 
other provision of law, the court shall not impose a probationary 
sentence on, or suspend the sentence of, any person convicted of a 
violation of this subsection, nor shall the term of imprisonment 
imposed under this subsection run concurrently with any other term of 
imprisonment including that imposed for the drug crime in which the 
firearm was possessed.''.
    (d) Definition of Drug Crime.--Section 921(a) of such title is 
amended by adding at the end the following:
    ``(30) The term `drug crime' means any offense (other than a drug 
trafficking crime) punishable by imprisonment under--
            ``(A) any Act specified in section 924(c)(2); or
            ``(B) any State law involving the possession, distribution, 
        or manufacture of a controlled substance (as defined in section 
        102 of the Controlled Substances Act).''.

                      Subtitle B--Capital Offenses

SEC. 121. PROCEDURES FOR ENFORCING DEATH PENALTY.

    Title 18 of the United States Code is amended--
            (1) by adding the following new chapter after chapter 227:

                ``CHAPTER 228--DEATH PENALTY 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.
``Sec. 3591. Sentence of death
    ``A defendant who has been found guilty of--
            ``(1) an offense described in section 794 or section 2381 
        of this title;
            ``(2) an offense described in section 1751(c) of this title 
        if the offense, as determined beyond a reasonable doubt at a 
        hearing under section 3593, constitutes an attempt to murder 
        the President of the United States and results in bodily injury 
        to the President or comes dangerously close to causing the 
        death of the President;
            ``(3) an offense referred to in section 408(c)(1) of the 
        Controlled Substances Act (21 U.S.C. 848(c)(1)), committed as 
        part of a continuing criminal enterprise offense under the 
        conditions described in subsection (b) of that section which 
        involved not less than twice the quantity of controlled 
        substance described in subsection (b)(2)(A) or twice the gross 
        receipts described in subsection (b)(2)(B);
            ``(4) an offense referred to in section 408(c)(1) of the 
        Controlled Substances Act (21 U.S.C. 848(c)(1)), committed as 
        part of a continuing criminal enterprise offense under that 
        section, where the defendant is a principal administrator, 
        organizer, or leader of such an enterprise, and the defendant, 
        in order to obstruct the investigation or prosecution of the 
        enterprise or an offense involved in the enterprise, attempts 
        to kill or knowingly directs, advises, authorizes, or assists 
        another to attempt to kill any public officer, juror, witness, 
        or members of the family or household of such a person;
            ``(5) an offense constituting a felony violation of the 
        Controlled Substances Act (21 U.S.C. 801 et seq.) or the 
        Controlled Substances Import and Export Act (21 U.S.C. 951 et 
        seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. App. 
        1901 et seq.), where the defendant, intending to cause death or 
        acting with reckless disregard for human life, engages in such 
        a violation, and the death of another person results in the 
        course of the violation or from the use of the controlled 
        substance involved in the violation; or
            ``(6) any other offense for which a sentence of death is 
        provided, if the defendant, as determined beyond a reasonable 
        doubt at a hearing under section 3593, caused the death of a 
        person intentionally, knowingly, or through recklessness 
        manifesting extreme indifference to human life, or caused the 
        death of a person through the intentional infliction of serious 
        bodily injury;
shall be sentenced to death if, after consideration of the factors set 
forth in section 3592 in the course of a hearing held pursuant to 
section 3593, it is determined that imposition of a sentence of death 
is justified. However, no person may be sentenced to death who was less 
than eighteen years of age at the time of the offense.
``Sec. 3592. Factors to be considered in determining whether to 
              recommend a sentence of death
    ``(a) Mitigating Factors.--In determining whether to recommend a 
sentence of death, the jury, or if there is no jury, the court, shall 
consider whether any aspect of the defendant's character, background, 
or record, or any circumstance of the offense that the defendant may 
proffer as a mitigating factor exists, including the following:
            ``(1) Mental capacity.--The defendant's mental capacity to 
        appreciate the wrongfulness of his conduct or to conform his 
        conduct to the requirements of law was significantly impaired.
            ``(2) Duress.--The defendant was under unusual and 
        substantial duress.
            ``(3) Participation in offense minor.--The defendant's 
        participation in the offense, which was committed by another, 
        was relatively minor.
            ``(4) No significant criminal history.--The defendant did 
        not have a significant history of other criminal conduct.
            ``(5) Disturbance.--The defendant committed the offense 
        under severe mental or emotional disturbance.
            ``(6) Victim's consent.--The victim consented to the 
        criminal conduct that resulted in the victim's death.
    ``(b) Aggravating Factors for Espionage and Treason.--In 
determining whether to recommend a sentence of death for an offense 
described in section 3591(1), the jury, or if there is no jury, the 
court, shall consider any aggravating factor for which notice has been 
provided under section 3593 of this title, including the following 
factors:
            ``(1) Previous espionage or treason conviction.--The 
        defendant has previously been convicted of another offense 
        involving espionage or treason for which a sentence of life 
        imprisonment or death was authorized by statute.
            ``(2) Risk of substantial danger to national security.--In 
        the commission of the offense the defendant knowingly created a 
        grave risk to the national security.
            ``(3) Risk of death to another.--In the commission of the 
        offense the defendant knowingly created a grave risk of death 
        to another person.
    ``(c) Aggravating Factors for Homicide and for Attempted Murder of 
the President.--In determining whether to recommend a sentence of death 
for an offense described in paragraph (2) or (6) of section 3591 of 
this title, the jury, or if there is no jury, the court, shall consider 
any aggravating factor for which notice has been provided under section 
3593 of this title, including the following factors:
            ``(1) Conduct occurred during commission of specified 
        crimes.--The conduct resulting in death occurred during the 
        commission or attempted commission of, or during the immediate 
        flight from the commission of, an offense under section 32 
        (destruction of aircraft or aircraft facilities), section 33 
        (destruction of motor vehicles or motor vehicle facilities), 
        section 36 (violence at international airports), section 351 
        (violence against Members of Congress, Cabinet officers, or 
        Supreme Court Justices), section 751 (prisoners in custody of 
        institution or officer), section 794 (gathering or delivering 
        defense information to aid foreign government), section 844(d) 
        (transportation of explosives in interstate commerce for 
        certain purposes), section 844(f) (destruction of Government 
        property by explosives), section 844(i) (destruction of 
        property affecting interstate commerce by explosives), section 
        1116 (killing or attempted killing of diplomats), section 1118 
        (prisoners serving life term), section 1201 (kidnapping), 
        section 1203 (hostage taking), section 1751 (violence against 
        the President or Presidential staff), section 1992 (wrecking 
        trains), chapter 109A (sexual abuse), chapter 110 (sexual abuse 
        of children), section 2261 (domestic violence and stalking) 
        section 2280 (maritime violence), section 2281 (maritime 
        platform violence), section 2332 (terrorist acts abroad against 
        United States nationals), section 2339 (use of weapons of mass 
        destruction), section 2381 (treason), or section 2423 
        (transportation of minors for sexual activity) of this title, 
        section 1826 of title 28 (persons in custody as recalcitrant 
        witnesses or hospitalized following insanity acquittal), or 
        section 902 (i) or (n) of the Federal Aviation Act of 1958, as 
        amended (49 U.S.C. App. 1472 (i) or (n) (aircraft piracy)).
            ``(2) Involvement of firearm or previous conviction of 
        violent felony involving firearm.--The defendant--
                    ``(A) during and in relation to the commission of 
                the offense or in escaping or attempting to escape 
                apprehension used or possessed a firearm as defined in 
                section 921 of this title; or
                    ``(B) has previously been convicted of a Federal or 
                State offense punishable by a term of imprisonment of 
                more than one year, involving the use or attempted or 
                threatened use of a firearm, as defined in section 921 
                of this title, against another person.
            ``(3) Previous conviction of offense for which a sentence 
        of death or life imprisonment was authorized.--The defendant 
        has previously been convicted of another Federal or State 
        offense resulting in the death of a person, for which a 
        sentence of life imprisonment or death was authorized by 
        statute.
            ``(4) Previous conviction of other serious offenses.--The 
        defendant has previously been convicted of two or more Federal 
        or State offenses, each punishable by a term of imprisonment of 
        more than one year, committed on different occasions, involving 
        the importation, manufacture, or distribution of a controlled 
        substance (as defined in section 102 of the Controlled 
        Substances Act (21 U.S.C. 802)) or the infliction of, or 
        attempted infliction of, serious bodily injury or death upon 
        another person.
            ``(5) Grave risk of death to additional persons.--The 
        defendant, in the commission of the offense or in escaping or 
        attempting to escape apprehension, knowingly created a grave 
        risk of death to one or more persons in addition to the victim 
        of the offense.
            ``(6) Heinous, cruel or depraved manner of commission.--The 
        defendant committed the offense in an especially heinous, 
        cruel, or depraved manner in that it involved torture or 
        serious physical abuse to the victim.
            ``(7) Procurement of offense by payment.--The defendant 
        procured the commission of the offense by payment, or promise 
        of payment, of anything of pecuniary value.
            ``(8) Commission of the offense for pecuniary gain.--The 
        defendant committed the offense as consideration for the 
        receipt, or in the expectation of the receipt, of anything of 
        pecuniary value.
            ``(9) Substantial planning and premeditation.--The 
        defendant committed the offense after substantial planning and 
        premeditation.
            ``(10) Vulnerability of victim.--The victim was 
        particularly vulnerable due to old age, youth, or infirmity.
            ``(11) Type of victim.--The defendant committed the offense 
        against--
                    ``(A) the President of the United States, the 
                President-elect, the Vice President, the Vice 
                President-elect, the Vice President-designate, or, if 
                there was no Vice President, the officer next in order 
                of succession to the office of the President of the 
                United States, or any person acting as President under 
                the Constitution and laws of the United States;
                    ``(B) a chief of state, head of government, or the 
                political equivalent, of a foreign nation;
                    ``(C) a foreign official listed in section 
                1116(b)(3)(A) of this title, if that official was in 
                the United States on official business; or
                    ``(D) a Federal public servant who was outside of 
                the United States or who was a Federal judge, a Federal 
                law enforcement officer, an employee (including a 
                volunteer or contract employee) of a Federal prison, or 
                an official of the Federal Bureau of Prisons--
                            ``(i) while such public servant was engaged 
                        in the performance of his official duties;
                            ``(ii) because of the performance of such 
                        public servant's official duties; or
                            ``(iii) because of such public servant's 
                        status as a public servant.
        For purposes of this paragraph, the terms `President-elect' and 
        `Vice President-elect' mean such persons as are the apparent 
        successful candidates for the offices of President and Vice 
        President, respectively, as ascertained from the results of the 
        general elections held to determine the electors of President 
        and Vice President in accordance with title 3, United States 
        Code, sections 1 and 2; a `Federal law enforcement officer' is 
        a public servant authorized by law or by a Government agency or 
        Congress to conduct or engage in the prevention, investigation, 
        or prosecution of an offense; `Federal prison' means a Federal 
        correctional, detention, or penal facility, Federal community 
        treatment center, or Federal halfway house, or any such prison 
        operated under contract with the Federal Government; and 
        `Federal judge' means any judicial officer of the United 
        States, and includes a justice of the Supreme Court and a 
        United States magistrate judge.
            ``(12) Prior conviction of sexual assault or child 
        molestation.--
                    ``(A) In general.--In the case of an offense under 
                chapter 109A (sexual abuse) or chapter 110 (sexual 
                abuse of children), the defendant has previously been 
                convicted of a crime of sexual assault or crime of 
                child molestation.
                    ``(B) Definitions.--As used in this paragraph--
                            ``(i) the term `crime of sexual assault' 
                        means a crime under Federal or State law that 
                        involves--
                                    ``(I) contact between any part of 
                                the defendant's body or an object and 
                                the genitals or anus of another person, 
                                without the consent of that person;
                                    ``(II) contact between the genitals 
                                or anus of the defendant and any part 
                                of the body of another person, without 
                                the consent of that person;
                                    ``(III) deriving sexual pleasure or 
                                gratification from the infliction of 
                                death, bodily injury, or physical pain 
                                on another person; or
                                    ``(IV) an attempt or conspiracy to 
                                engage in any conduct described in 
                                subclauses (I) through (III) of this 
                                clause;
                            ``(ii) the term `crime of child 
                        molestation' means a crime of sexual assault in 
                        which a child was the victim of the assault, 
                        and for the purposes of this clause, a child 
                        shall be considered not to have consented to 
                        any of the contact referred to in clause (i); 
                        and
                            ``(iii) the term `child' means a person 
                        below the age of 14 years.''.
    ``(d) Aggravating Factors for Drug Offense Death Penalty.--In 
determining whether to recommend a sentence of death for an offense 
described in paragraph (3), (4), or (5) of section 3591, the jury, or 
if there is no jury, the court, shall consider any aggravating factor 
for which notice has been provided under section 3593 of this title, 
including the following factors:
            ``(1) Previous conviction of offense for which a sentence 
        of death or life imprisonment was authorized.--The defendant 
        has previously been convicted of another Federal or State 
        offense resulting in the death of a person, for which a 
        sentence of life imprisonment or death was authorized by 
        statute.
            ``(2) Previous conviction of other serious offenses.--The 
        defendant has previously been convicted of two or more Federal 
        or State offenses, each punishable by a term of imprisonment of 
        more than one year, committed on different occasions, involving 
        the importation, manufacture, or distribution of a controlled 
        substance (as defined in section 102 of the Controlled 
        Substances Act (21 U.S.C. 802)) or the infliction of, or 
        attempted infliction of, serious bodily injury or death upon 
        another person.
            ``(3) Previous serious drug felony conviction.--The 
        defendant has previously been convicted of another Federal or 
        State offense involving the manufacture, distribution, 
        importation, or possession of a controlled substance (as 
        defined in section 102 of the Controlled Substances Act (21 
        U.S.C. 802)) for which a sentence of five or more years of 
        imprisonment was authorized by statute.
            ``(4) Use of firearm.--In committing the offense, or in 
        furtherance of a continuing criminal enterprise of which the 
        offense was a part, the defendant used a firearm or knowingly 
        directed, advised, authorized, or assisted another to use a 
        firearm, as defined in section 921 of this title, to threaten, 
        intimidate, assault, or injure a person.
            ``(5) Distribution to persons under twenty-one.--The 
        offense, or a continuing criminal enterprise of which the 
        offense was a part, involved conduct proscribed by section 418 
        of the Controlled Substances Act which was committed directly 
        by the defendant or for which the defendant would be liable 
        under section 2 of this title.
            ``(6) Distribution near schools.--The offense, or a 
        continuing criminal enterprise of which the offense was a part, 
        involved conduct proscribed by section 419 of the Controlled 
        Substances Act which was committed directly by the defendant or 
        for which the defendant would be liable under section 2 of this 
        title.
            ``(7) Using minors in trafficking.--The offense or a 
        continuing criminal enterprise of which the offense was a part, 
        involved conduct proscribed by section 420 of the Controlled 
        Substances Act which was committed directly by the defendant or 
        for which the defendant would be liable under section 2 of this 
        title.
            ``(8) Lethal adulterant.--The offense involved the 
        importation, manufacture, or distribution of a controlled 
        substance (as defined in section 102 of the Controlled 
        Substances Act (21 U.S.C. 802)), mixed with a potentially 
        lethal adulterant, and the defendant was aware of the presence 
        of the adulterant.
``Sec. 3593. Special hearing to determine whether to recommend a 
              sentence of death
    ``(a) Notice by the Government.--Whenever the Government intends to 
seek the death penalty for an offense described in section 3591, the 
attorney for the Government shall file with the court and serve on the 
defendant a notice of such intent. The notice shall be provided a 
reasonable time before the trial or acceptance of a guilty plea, or at 
such later time before trial as the court may permit for good cause. If 
the court permits a late filing of the notice upon a showing of good 
cause, the court shall ensure that the defendant has adequate time to 
prepare for trial. The notice shall set forth the aggravating factor or 
factors the Government will seek to prove as the basis for the death 
penalty. The factors for which notice is provided under this subsection 
may include factors concerning the effect of the offense on the victim 
and the victim's family. The court may permit the attorney for the 
Government to amend the notice upon a showing of good cause.
    ``(b) Hearing Before a Court or Jury.--When the attorney for the 
Government has filed a notice as required under subsection (a) and the 
defendant is found guilty of an offense described in section 3591, the 
judge who presided at the trial or before whom the guilty plea was 
entered, or another judge if that judge is unavailable, shall conduct a 
separate sentencing hearing to determine the punishment to be imposed. 
Prior to such a hearing, no presentence report shall be prepared by the 
United States Probation Service, notwithstanding the provisions of the 
Federal Rules of Criminal Procedure. The hearing shall be conducted--
            ``(1) before the jury that determined the defendant's 
        guilt;
            ``(2) before a jury impaneled for the purpose of the 
        hearing if--
                    ``(A) the defendant was convicted upon a plea of 
                guilty;
                    ``(B) the defendant was convicted after a trial 
                before the court sitting without a jury;
                    ``(C) the jury that determined the defendant's 
                guilt was discharged for good cause; or
                    ``(D) after initial imposition of a sentence under 
                this section, reconsideration of the sentence under the 
                section is necessary; or
            ``(3) before the court alone, upon motion of the defendant 
        and with the approval of the attorney for the Government.
A jury impaneled pursuant to paragraph (2) shall consist of twelve 
members, unless, at any time before the conclusion of the hearing, the 
parties stipulate, with the approval of the court, that it shall 
consist of a lesser number.
    ``(c) Proof of Mitigating and Aggravating Factors.--At the hearing, 
information may be presented as to--
            ``(1) any matter relating to any mitigating factor listed 
        in section 3592 and any other mitigating factor; and
            ``(2) any matter relating to any aggravating factor listed 
        in section 3592 for which notice has been provided under 
        subsection (a) and (if information is presented relating to 
        such a listed factor) any other aggravating factor for which 
        notice has been so provided.
The information presented may include the trial transcript and 
exhibits. Any other information relevant to such mitigating or 
aggravating factors may be presented by either the Government or the 
defendant. The information presented by the Government in support of 
factors concerning the effect of the offense on the victim and the 
victim's family may include oral testimony, a victim impact statement 
that identifies the victim of the offense and the nature and extent of 
harm and loss suffered by the victim and the victim's family, and other 
relevant information. Information is admissible regardless of its 
admissibility under the rules governing admission of evidence at 
criminal trials, except that information may be excluded if its 
probative value is outweighed by the danger of creating unfair 
prejudice, confusing the issues, or misleading the jury. The attorney 
for the Government and for the defendant shall be permitted to rebut 
any information received at the hearing, and shall be given fair 
opportunity to present argument as to the adequacy of the information 
to establish the existence of any aggravating or mitigating factor, and 
as to the appropriateness in that case of imposing a sentence of death. 
The attorney for the Government shall open the argument. The defendant 
shall be permitted to reply. The Government shall then be permitted to 
reply in rebuttal. The burden of establishing the existence of an 
aggravating factor is on the Government, and is not satisfied unless 
the existence of such a factor is established beyond a reasonable 
doubt. The burden of establishing the existence of any mitigating 
factor is on the defendant, and is not satisfied unless the existence 
of such a factor is established by a preponderance of the evidence.
    ``(d) Findings of Aggravating and Mitigating Factors.--The jury 
shall return special findings identifying any aggravating factor or 
factors for which notice has been provided under subsection (a) of this 
section and which the jury unanimously determines have been established 
by the Government beyond a reasonable doubt. A mitigating factor is 
established if the defendant has proven its existence by a 
preponderance of the evidence, and any member of the jury who finds the 
existence of such a factor may regard it as established for purposes of 
this section regardless of the number of jurors who concur that the 
factor has been established.
    ``(e) Return of a Finding Concerning a Sentence of Death.--If an 
aggravating factor required to be considered under section 3592 is 
found to exist, the jury, or if there is no jury, the court, shall then 
consider whether the aggravating factor or factors found to exist under 
subsection (d) outweigh any mitigating factor or factors. The jury, or 
if there is no jury, the court shall recommend a sentence of death if 
it unanimously finds at least one aggravating factor and no mitigating 
factor or if it finds one or more aggravating factors which outweigh 
any mitigating factors. In any other case, it shall not recommend a 
sentence of death. The jury shall be instructed that it must avoid any 
influence of sympathy, sentiment, passion, prejudice, or other 
arbitrary factors in its decision, and should make such a 
recommendation as the information warrants.
    ``(f) Special Precaution to Assure Against Discrimination.--In a 
hearing held before a jury, the court, prior to the return of a finding 
under subsection (e), shall instruct the jury that, in considering 
whether to recommend a sentence of death, it shall not be influenced by 
prejudice or bias relating to the race, color, religion, national 
origin, or sex of the defendant or of any victim and that the jury is 
not to recommend a sentence of death unless it has concluded that it 
would recommend a sentence of death for the crime in question 
regardless of the race, color, religion, national origin, or sex of the 
defendant or of any victim. The jury, upon return of a finding under 
subsection (e), shall also return to the court a certificate, signed by 
each juror, that prejudice or bias relating to the race, color, 
religion, national origin, or sex of the defendant or any victim did 
not affect the juror's individual decision and that the individual 
juror would have recommended the same sentence for the crime in 
question regardless of the race, color, religion, national origin, or 
sex of the defendant or any victim.
``Sec. 3594. Imposition of a sentence of death
    ``Upon the recommendation under section 3593(e) that a sentence of 
death be imposed, the court shall sentence the defendant to death. 
Otherwise the court shall impose a sentence, other than death, 
authorized by law. Notwithstanding any other provision of law, if the 
maximum term of imprisonment for the offense is life imprisonment, the 
court may impose a sentence of life imprisonment without the 
possibility of release.
``Sec. 3595. Review of a sentence of death
    ``(a) Appeal.--In a case in which a sentence of death is imposed, 
the sentence shall be subject to review by the court of appeals upon 
appeal by the defendant. Notice of appeal of the sentence must be filed 
within the time specified for the filing of a notice of appeal of the 
judgment of conviction. An appeal of the sentence under this section 
may be consolidated with an appeal of the judgment of conviction and 
shall have priority over all other non-capital matters in the court of 
appeals.
    ``(b) Review.--The court of appeals shall review the entire record 
in the case, including--
            ``(1) the evidence submitted during the trial;
            ``(2) the information submitted during the sentencing 
        hearing;
            ``(3) the procedures employed in the sentencing hearing; 
        and
            ``(4) the special findings returned under section 3593(d).
    ``(c) Decision and Disposition.--
            ``(1) If the court of appeals determines that--
                    ``(A) the sentence of death was not imposed under 
                the influence of passion, prejudice, or any other 
                arbitrary factor;
                    ``(B) the evidence and information support the 
                special findings of the existence of an aggravating 
                factor or factors; and
                    ``(C) the proceedings did not involve any other 
                prejudicial error requiring reversal of the sentence 
                that was properly preserved for and raised on appeal;
        it shall affirm the sentence.
            ``(2) In any other case, the court of appeals shall remand 
        the case for reconsideration under section 3593 or for 
        imposition of another authorized sentence as appropriate, 
        except that the court shall not reverse a sentence of death on 
        the ground that an aggravating factor was invalid or was not 
        supported by the evidence and information if at least one 
        aggravating factor required to be considered under section 3592 
        remains which was found to exist and the court, on the basis of 
        the evidence submitted at trial and the information submitted 
        at the sentencing hearing, finds no mitigating factor or finds 
        that the remaining aggravating factor or factors which were 
        found to exist outweigh any mitigating factors.
            ``(3) The court of appeals shall state in writing the 
        reasons for its disposition of an appeal of a sentence of death 
        under this section.
``Sec. 3596. Implementation of a sentence of death
    ``(a) In General.--A person sentenced to death under this chapter 
shall be committed to the custody of the Attorney General until 
exhaustion of the procedures for appeal of the judgment of conviction 
and review of the sentence. When the sentence is to be implemented, the 
Attorney General shall release the person sentenced to death to the 
custody of a United States Marshal. The Marshal shall supervise 
implementation of the sentence in the manner prescribed by the law of 
the State in which the sentence is imposed, or in the manner prescribed 
by the law of another State designated by the court if the law of the 
State in which the sentence was imposed does not provide for 
implementation of a sentence of death.
    ``(b) Special Bars to Execution.--A sentence of death shall not be 
carried out upon a person who lacks the mental capacity to understand 
the death penalty and why it was imposed on that person, or upon a 
woman while she is pregnant.
    ``(c) Persons May Decline to Participate.--No employee of any State 
department of corrections, the Federal Bureau of Prisons, or the United 
States Marshals Service, and no person providing services to that 
department, bureau, or service under contract shall be required, as a 
condition of that employment or contractual obligation, to be in 
attendance at or to participate in any execution carried out under this 
section if such participation is contrary to the moral or religious 
convictions of the employee. For purposes of this subsection, the term 
`participate in any execution' includes personal preparation of the 
condemned individual and the apparatus used for the execution, and 
supervision of the activities of other personnel in carrying out such 
activities.
``Sec. 3597. Use of State facilities
    ``A United States Marshal charged with supervising the 
implementation of a sentence of death may use appropriate State or 
local facilities for the purpose, may use the services of an 
appropriate State or local official or of a person such an official 
employs for the purpose, and shall pay the costs thereof in an amount 
approved by the Attorney General.
``Sec. 3598. Appointment of counsel
    ``(a) Representation of Indigent Defendants.--This section shall 
govern the appointment of counsel for any defendant against whom a 
sentence of death is sought, or on whom a sentence of death has been 
imposed, for an offense against the United States, where the defendant 
is or becomes financially unable to obtain adequate representation. 
Such a defendant shall be entitled to appointment of counsel from the 
commencement of trial proceedings until one of the conditions specified 
in section 3599(b) of this title has occurred. This section shall not 
affect the appointment of counsel and the provision of ancillary legal 
services under section 848(q) (4) through (10) of title 21, United 
States Code.
    ``(b) Representation Before Finality of Judgment.--A defendant 
within the scope of this section shall have counsel appointed for trial 
representation as provided in section 3005 of this title. At least one 
counsel so appointed shall continue to represent the defendant until 
the conclusion of direct review of the judgment, unless replaced by the 
court with other qualified counsel.
    ``(c) Representation After Finality of Judgment.--When a judgment 
imposing a sentence of death has become final through affirmance by the 
Supreme Court on direct review, denial of certiorari by the Supreme 
Court on direct review, or expiration of the time for seeking direct 
review in the court of appeals or the Supreme Court, the Government 
shall promptly notify the district court that imposed the sentence. 
Within ten days of receipt of such notice, the district court shall 
proceed to make a determination whether the defendant is eligible under 
this section for appointment of counsel for subsequent proceedings. On 
the basis of the determination, the court shall issue an order: (1) 
appointing one or more counsel to represent the defendant upon a 
finding that the defendant is financially unable to obtain adequate 
representation and wishes to have counsel appointed or is unable 
competently to decide whether to accept or reject appointment of 
counsel; (2) finding, after a hearing if necessary, that the defendant 
rejected appointment of counsel and made the decision with an 
understanding of its legal consequences; or (3) denying the appointment 
of counsel upon a finding that the defendant is financially able to 
obtain adequate representation. Counsel appointed pursuant to this 
subsection shall be different from the counsel who represented the 
defendant at trial and on direct review unless the defendant and 
counsel request a continuation or renewal of the earlier 
representation.
    ``(d) Standards for Competence of Counsel.--In relation to a 
defendant who is entitled to appointment of counsel under this section, 
at least one counsel appointed for trial representation must have been 
admitted to the bar for at least five years and have at least three 
years of experience in the trial of felony cases in the federal 
district courts. If new counsel is appointed after judgment, at least 
one counsel so appointed must have been admitted to the bar for at 
least five years and have at least three years of experience in the 
litigation of felony cases in the Federal courts of appeals or the 
Supreme Court. The court, for good cause, may appoint counsel who does 
not meet these standards, but whose background, knowledge, or 
experience would otherwise enable him or her to properly represent the 
defendant, with due consideration of the seriousness of the penalty and 
the nature of the litigation.
    ``(e) Applicability of Criminal Justice Act.--Except as otherwise 
provided in this section, the provisions of section 3006A of this title 
shall apply to appointments under this section.
    ``(f) Claims of Ineffectiveness of Counsel.--The ineffectiveness or 
incompetence of counsel during proceedings on a motion under section 
2255 of title 28, United States Code, in a capital case shall not be a 
ground for relief from the judgment or sentence in any proceeding. This 
limitation shall not preclude the appointment of different counsel at 
any stage of the proceedings.
``Sec. 3599. Collateral attack on judgment imposing sentence of death
    ``(a) Time for Making Section 2255 Motion.--In a case in which 
sentence of death has been imposed, and the judgment has become final 
as described in section 3598(c) of this title, a motion in the case 
under section 2255 of title 28, United States Code, must be filed 
within ninety days of the issuance of the order relating to appointment 
of counsel under section 3598(c) of this title. The court in which the 
motion is filed, for good cause shown, may extend the time for filing 
for a period not exceeding sixty days. A motion described in this 
section shall have priority over all noncapital matters in the district 
court, and in the court of appeals on review of the district court's 
decision.
    ``(b) Stay of Execution.--The execution of a sentence of death 
shall be stayed in the course of direct review of the judgment and 
during the litigation of an initial motion in the case under section 
2255 of title 28, United States Code. The stay shall run continuously 
following imposition of the sentence, and shall expire if--
            ``(1) the defendant fails to file a motion under section 
        2255 of title 28, United States Code, within the time specified 
        in subsection (a), or fails to make a timely application for 
        court of appeals review following the denial of such motion by 
        a district court; or
            ``(2) upon completion of district court and court of 
        appeals review under section 2255 of title 28, United States 
        Code, the motion under that section is denied and (A) the time 
        for filing a petition for certiorari has expired and no 
        petition has been filed; (B) a timely petition for certiorari 
        was filed and the Supreme Court denied the petition; or (C) a 
        timely petition for certiorari was filed and upon consideration 
        of the case, the Supreme Court disposed of it in a manner that 
        left the capital sentence undisturbed; or
            ``(3) before a district court, in the presence of counsel 
        and after having been advised of the consequences of his 
        decision, the defendant waives the right to file a motion under 
        section 2255 of title 28, United States Code.
    ``(c) Finality of the Decision on Review.--If one of the conditions 
specified in subsection (b) has occurred, no court thereafter shall 
have the authority to enter a stay of execution or grant relief in the 
case unless--
            ``(1) the basis for the stay and request for relief is a 
        claim not presented in earlier proceedings;
            ``(2) the failure to raise the claim was (A) the result of 
        governmental action in violation of the Constitution or laws of 
        the United States; (B) the result of the Supreme Court 
        recognition of a new Federal right that is retroactively 
        applicable; or (C) based on a factual predicate that could not 
        have been discovered through the exercise of reasonable 
        diligence in time to present the claim in earlier proceedings; 
        and
            ``(3) the facts underlying the claim would be sufficient, 
        if proven, to undermine the court's confidence in the 
        determination of guilt on the offense or offenses for which the 
        death penalty was imposed.
``Sec. 3600. Application in Indian country
    ``Notwithstanding sections 1152 and 1153 of this title, no person 
subject to the criminal jurisdiction of an Indian tribal government 
shall be subject to a capital sentence under this chapter for any 
offense the Federal jurisdiction for which is predicated solely on 
Indian country as defined in section 1151 of this title and which has 
occurred within the boundaries of such Indian country, unless the 
governing body of the tribe has made an election that this chapter have 
effect over land and persons subject to its criminal jurisdiction.''; 
and
            (2) in the table of chapters at the beginning of part II, 
        by adding the following new item after the item relating to 
        chapter 227:

``228. Death penalty procedures.............................   3591.''.

SEC. 122. PROHIBITION OF RACIALLY DISCRIMINATORY POLICIES CONCERNING 
              CAPITAL PUNISHMENT OR OTHER PENALTIES.

    (a) General Rule.--The penalty of death and all other penalties 
shall be administered by the United States and by every State without 
regard to the race or color of the defendant or victim. Neither the 
United States nor any State shall prescribe any racial quota or 
statistical test for the imposition or execution of the death penalty 
or any other penalty.
    (b) Definitions.--For purposes of this subtitle--
            (1) the action of the United States or of a State includes 
        the action of any legislative, judicial, executive, 
        administrative, or other agency or instrumentality of the 
        United States or a State, or of any political subdivision of 
        the United States or a State;
            (2) the term ``State'' has the meaning given in section 541 
        of title 18, United States Code; and
            (3) the term ``racial quota or statistical test'' includes 
        any law, rule, presumption, goal, standard for establishing a 
        prima facie case, or mandatory or permissive inference that--
                    (A) requires or authorizes the imposition or 
                execution of the death penalty or another penalty so as 
                to achieve a specified racial proportion relating to 
                offenders, convicts, defendants, arrestees, or victims; 
                or
                    (B) requires or authorizes the invalidation of, or 
                bars the execution of, sentences of death or other 
                penalties based on the failure of a jurisdiction to 
                achieve a specified racial proportion relating to 
                offenders, convicts, defendants, arrestees, or victims 
                in the imposition or execution of such sentences or 
                penalties.

SEC. 123. FEDERAL CAPITAL CASES.

    In a prosecution for an offense against the United States for which 
a sentence of death is authorized, the fact that the killing of the 
victim was motivated by racial prejudice or bias shall be deemed an 
aggravating factor whose existence permits consideration of the death 
penalty, in addition to any other aggravating factors that may be 
specified by law as permitting consideration of the death penalty.

SEC. 124. EXTENSION OF PROTECTION OF CIVIL RIGHTS STATUTES.

    (a) Section 241.--Section 241 of title 18, United States Code, is 
amended by striking ``inhabitant of'' and inserting in lieu thereof 
``person in''.
    (b) Section 242.--Section 242 of title 18, United States Code, is 
amended by striking ``inhabitant of'' and inserting in lieu thereof 
``person in'', and by striking ``such inhabitant'' and inserting in 
lieu thereof ``such person''.

SEC. 125. FEDERAL DEATH PENALTIES.

    (a) Murder by Federal Prisoners.--Chapter 51 of title 18, United 
States Code, is amended--
            (1) by adding at the end the following:
``Sec. 1118. Murder by a Federal prisoner
    ``(a) Whoever, while confined in a Federal prison under a sentence 
for a term of life imprisonment, murders another shall be punished by 
death or by life imprisonment without the possibility of release.
    ``(b) For purposes of this section--
            ``(1) `Federal prison' means any Federal correctional, 
        detention, or penal facility, Federal community treatment 
        center, or Federal halfway house, or any such prison operated 
        under contract with the Federal Government;
            ``(2) `term of life imprisonment' means a sentence for the 
        term of natural life, a sentence commuted to natural life, an 
        indeterminate term of a minimum of at least fifteen years and a 
        maximum of life, or an unexecuted sentence of death.''; and
            (2) by amending the table of sections by adding at the end:

``1118. Murder by a Federal prisoner.''.
    (b) Murder of Federal, State, and Local Law Enforcement Officers.--
Section 1114 of title 18, United States Code, is amended by striking 
``be punished as provided under sections 1111 and 1112 of this title, 
except that'' and inserting ``, or any State or local law enforcement 
officer while assisting, or on account of having assisted, any Federal 
officer or employee covered by this section in the performance of 
duties, in the case of murder as defined in section 1111 of this title, 
be punished by death or imprisonment for life, and, in the case of 
manslaughter as defined in section 1112 of this title, be punished as 
provided in that section, and''.
    (c) Homicides and Attempted Homicides Involving Firearms in Federal 
Facilities.--Section 930 of title 18, United States Code, is amended--
            (1) in subsection (a), by striking ``(c)'' and inserting 
        ``(d)'';
            (2) by inserting after subsection (b) the following:
    ``(c) Whoever kills or attempts to kill any person in the course of 
a violation of subsection (a) or (b), or in the course of an attack on 
a Federal facility involving the use of a firearm or other dangerous 
weapon, shall--
            ``(1) in the case of a killing constituting murder as 
        defined in section 1111(a) of this title, be punished by death 
        or imprisoned for any term of years or for life;
            ``(2) in the case of any other killing or an attempted 
        killing, be subject to the penalties provided for engaging in 
        such conduct within the special maritime and territorial 
        jurisdiction of the United States under sections 1112 and 1113 
        of this title.'';
            (3) in subsection (d)(2), by striking ``(c)'' and inserting 
        ``(d)'';
            (4) in subsection (g), by striking ``(d)'' each place it 
        appears and inserting ``(e)''; and
            (5) by redesignating subsections (c), (d), (e), (f) and (g) 
        as subsections (d), (e), (f), (g), and (h), respectively.
    (d) Death Penalty for Civil Rights Murders.--
            (1) Conspiracy against rights.--Section 241 of title 18, 
        United States Code, is amended by striking ``shall be subject 
        to imprisonment for any term of years or for life'' and 
        inserting ``shall be punished by death or imprisonment for any 
        term of years or for life''.
            (2) Deprivation of rights under color of law.--Section 242 
        of title 18, United States Code, is amended by striking ``shall 
        be subject to imprisonment for any term of years or for life'' 
        and inserting ``shall be punished by death or imprisonment for 
        any term of years or for life''.
            (3) Federally protected activities.--Section 245(b) of 
        title 18, United States Code, is amended by striking ``shall be 
        subject to imprisonment for any term of years or for life'' and 
        inserting ``shall be punished by death or imprisonment for any 
        term of years or for life''.
            (4) Damage to religious property; obstruction of the free 
        exercise of religious rights.--Section 247(c)(1) of title 18, 
        United States Code, is amended by inserting ``the death penalty 
        or'' before ``imprisonment''.
    (e) Death Penalty for Gun Murders.--Section 924 of title 18, United 
States Code, as amended by section 430 of this Act, is amended by 
adding at the end the following:
    ``(k) Whoever, in the course of a violation of subsection (c) of 
this section, causes the death of a person through the use of a 
firearm, shall--
            ``(1) if the killing is a murder as defined in section 1111 
        of this title, be punished by death or by imprisonment for 
        life; and
            ``(2) if the killing is manslaughter as defined in section 
        1112 of this title, be punished as provided in that section.''.
    (f) Murder by Escaped Prisoners.--
            (1) In general.--Chapter 51 of title 18, United States 
        Code, as amended by section 110, is amended by adding at the 
        end the following:
``Sec. 1119. Murder by escaped prisoners
    ``(a) Whoever, having escaped from a Federal prison where such 
person was confined under a sentence for a term of life imprisonment, 
kills another shall be punished as provided in sections 1111 and 1112 
of this title.
    ``(b) As used in this section, the terms `Federal prison' and `term 
of life imprisonment' have the meanings given those terms in section 
1118 of this title.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 51 of title 18, United States Code, is 
        amended by adding at the end the following:

``1119. Murder by escaped prisoners.''.
    (g) Torture.--
            (1) In general.--Part I of title 18, United States Code, is 
        amended by inserting after chapter 113A the following new 
        chapter:

                        ``CHAPTER 113B--TORTURE

``Sec.
``2340. Definitions.
``2340A. Torture.
``2340B. Exclusive remedies.
``Sec. 2340. Definitions
    ``As used in this chapter--
            ``(1) the term `torture' means an act committed by a person 
        acting under the color of law specifically intended to inflict 
        severe physical or mental pain or suffering (other than pain or 
        suffering incidental to lawful sanctions) upon another person 
        within his custody or physical control;
            ``(2) the term `severe mental pain or suffering' means the 
        prolonged mental harm caused by or resulting from--
                    ``(A) the intentional infliction or threatened 
                infliction of severe physical pain or suffering;
                    ``(B) the administration or application, or 
                threatened administration or application, of mind 
                altering substances or other procedures calculated to 
                disrupt profoundly the senses or the personality;
                    ``(C) the threat of imminent death; or
                    ``(D) the threat that another person will 
                imminently be subjected to death, severe physical pain 
                or suffering, or the administration or application of 
                mind altering substances or other procedures calculated 
                to disrupt profoundly the senses or personality; and
            ``(3) the term `United States' includes all areas under the 
        jurisdiction of the United States including any of the places 
        within the provisions of sections 5 and 7 of this title and 
        section 101(38) of the Federal Aviation Act of 1958, as amended 
        (49 U.S.C. App. 1301(38)).
``Sec. 2340A. Torture
    ``(a) Whoever, outside the United States and in a circumstance 
described in subsection (b) of this section, commits or attempts to 
commit torture shall be fined under this title or imprisoned not more 
than 20 years, or both, and if death results to any person from conduct 
prohibited by this subsection, shall be punished by death or imprisoned 
for any term of years or for life.
    ``(b) The circumstances referred to in subsection (a) of this 
section are--
            ``(1) the alleged offender is a national of the United 
        States; or
            ``(2) the alleged offender is present in the United States, 
        irrespective of the nationality of the victim or the alleged 
        offender.
``Sec. 2340B. Exclusive remedies
    ``Nothing in this chapter shall be construed as precluding the 
application of State or local laws on the same subject, nor shall 
anything in this chapter be construed as creating any substantive or 
procedural right enforceable by law by any party in any civil 
proceeding.''.
            (2) Clerical amendment.--The table of chapters for part I 
        of title 18, United States Code, is amended by inserting after 
        the item for chapter 113A the following new item:

``113B. Torture.............................................   2340.''.
            (3) Effective date.--This subsection shall take effect on 
        the later of--
                    (1) the date of enactment of this section; or
                    (2) the date the United States has become a party 
                to the Convention Against Torture and Other Cruel, 
                Inhuman or Degrading Treatment or Punishment.
    (h) Carjacking Resulting in Death.--Section 2119 of title 18, 
United States Code, is amended--
            (1) by inserting ``(a)'' before ``Whoever'';
            (2) by striking ``, possessing a firearm as defined in 
        section 921 of this title,'';
            (3) by striking ``shall--'' and all that follows through 
        the end of the existing section and inserting ``shall be 
        punished as provided in subsection (c) of this section.''; and
            (4) by adding at the end the following:
    ``(b) Whoever, in furtherance of a State or Federal crime of 
violence, obstructs, impedes, or makes unauthorized physical contact 
with, a motor vehicle of another, if such vehicle has been transported, 
shipped, or received in interstate or foreign commerce, shall be 
punished as provided in subsection (c) of this section.
    ``(c) A person violating this section shall--
            ``(1) be fined under this title or imprisoned not more than 
        15 years, or both;
            ``(2) if serious bodily injury (as defined in section 1365 
        of this title) results, be fined under this title or imprisoned 
        not more than 25 years, or both; and
            ``(3) if death results, be fined under this title or 
        imprisoned for any number of years up to life, or both, and 
        shall be subject to the penalty of death.''.

SEC. 126. CONFORMING AND TECHNICAL AMENDMENTS.

    (a) Destruction of Aircraft or Aircraft Facilities.--Section 34 of 
title 18, United States Code, is amended by striking the comma after 
``imprisonment for life'' and all that follows through the end of the 
section and inserting a period.
    (b) Espionage.--Section 794(a) of title 18, United States Code, is 
amended by striking the period at the end of the section and inserting 
the following: ``, except that the sentence of death shall not be 
imposed unless the jury or, if there is no jury, the court, further 
finds beyond a reasonable doubt at a hearing under section 3593 of this 
title that the offense directly concerned nuclear weaponry, military 
spacecraft and satellites, early warning systems, or other means of 
defense or retaliation against large-scale attack; war plans; 
communications intelligence or cryptographic information; sources or 
methods of intelligence or counterintelligence operations; or any other 
major weapons system or major element of defense strategy.''.
    (c) Transporting Explosives.--Section 844(d) of title 18, United 
States Code, is amended by striking ``as provided in section 34 of this 
title''.
    (d) Malicious Destruction of Federal Property by Explosives.--
Section 844(f) of title 18, United States Code, is amended by striking 
``as provided in section 34 of this title''.
    (e) Malicious Destruction of Interstate Property by Explosives.--
Section 844(i) of title 18, United States Code, is amended by striking 
``as provided in section 34 of this title''.
    (f) Murder.--Section 1111(b) of title 18, United States Code, is 
amended to read as follows:
    ``(b) Within the special maritime and territorial jurisdiction of 
the United States--
            ``(1) whoever is guilty of murder in the first degree shall 
        be punished by death or by imprisonment for life; and
            ``(2) whoever is guilty of murder in the second degree 
        shall be imprisoned for any term of years or for life.''.
    (g) Killing Official Guests and Internationally Protected 
Persons.--Subsection (a) of section 1116 of title 18, United States 
Code, is amended by inserting a period after ``title'' and striking the 
remainder of the subsection.
    (h) Kidnapping.--Section 1201(a) of title 18, United States Code, 
is amended by inserting after ``or for life'' the following: ``and, if 
the death of any person results, shall be punished by death or life 
imprisonment''.
    (i) Hostage Taking.--Section 1203(a) of title 18, United States 
Code, is amended by inserting after ``or for life'' the following 
``and, if the death of any person results, shall be punished by death 
or life imprisonment''.
    (j) Mailability of Injurious Articles.--The last paragraph of 
section 1716 of title 18, United States Code, is amended by striking 
the comma after ``imprisonment for life'' and all that follows through 
the end of the paragraph and inserting a period.
    (k) Presidential Assassination.--Subsection (c) of section 1751 of 
title 18, United States Code, is amended to read as follows:
    ``(c) Whoever attempts to murder or kidnap any individual 
designated in subsection (a) of this section shall be punished (1) by 
imprisonment for any term of years or for life, or (2) by death or 
imprisonment for any term of years or for life if the conduct 
constitutes an attempt to murder the President of the United States and 
results in bodily injury to the President or otherwise comes 
dangerously close to causing the death of the President.''.
    (l) Murder for Hire.--Section 1958(a) of title 18 of the United 
States Code is amended by striking ``and if death results, shall be 
subject to imprisonment for any term of years or for life, or shall be 
fined not more than $50,000, or both'' and inserting ``and if death 
results, shall be punished by death or life imprisonment, or shall be 
fined in accordance with this title, or both''.
    (m) Violent Crimes in Aid of Racketeering Activity.--Paragraph (1) 
of subsection (a) of section 1959 of title 18, United States Code, is 
amended to read as follows:
            ``(1) for murder, by death or life imprisonment, or a fine 
        in accordance with this title, or both;  and  for   kidnapping, 
        by imprisonment for any term of years or for life, or a fine in 
        accordance with this title, or both;''.
    (n) Wrecking Trains.--The second to the last paragraph of section 
1992 of title 18, United States Code, is amended by striking the comma 
after ``imprisonment for life'' and all that follows through the end of 
the section and inserting a period.
    (o) Bank Robbery.--Section 2113(e) of title 18, United States Code, 
is amended by striking ``or punished by death if the verdict of the 
jury shall so direct'' and inserting ``or if death results shall be 
punished by death or life imprisonment''.
    (p) Terrorist Acts.--Section 2332(a)(1) of title 18, United States 
Code, is amended to read as follows:
            ``(1) if the killing is murder as defined in section 
        1111(a) of this title, be fined under this title, punished by 
        death or imprisonment for any term of years or for life, or 
        both;''.
    (q) Aircraft Hijacking.--Section 903 of the Federal Aviation Act of 
1958 (49 U.S.C. App. 1473), is amended by striking subsection (c).
    (r) Controlled Substances Act.--Section 408 of the Controlled 
Substances Act is amended by striking subsections (g)-(p), (q) (1)-(3) 
and (r).
    (s) Genocide.--Section 1091(b)(1) of title 18, United States Code, 
is amended by striking ``a fine of not more than $1,000,000 and 
imprisonment for life;'' and inserting ``death or imprisonment for life 
and a fine of not more than $1,000,000;''.
    (t) Inapplicability to Uniform Code of Military Justice.--Chapter 
228 of title 18, United States Code, as added by this Act, shall not 
apply to prosecutions under the Uniform Code of Military Justice (10 
U.S.C. 801 et seq.).

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

         Chapter 1--Instant Check System for Handgun Purchases

SEC. 131. FINDINGS.

    The Congress finds the following:
            (1) State laws requiring a waiting period before the 
        purchase of a firearm have endangered the lives of law-abiding 
        Americans by preventing them from protecting themselves, as 
        demonstrated by the following examples:
                    (A) In 1991, Bonnie Elmasri of Wisconsin tried to 
                get a handgun to protect herself from her estranged 
                husband, but he returned home and killed her and her 2 
                children before the 48-hour waiting period required by 
                State law had expired.
                    (B) In 1990, Catherine Latta of North Carolina 
                tried to buy a firearm but was told by police that it 
                would take her 2 to 4 weeks to get the necessary 
                permit. After telling the clerk she ``would be dead by 
                then,'' she illegally bought a handgun on the street. 5 
                hours later she was attacked again by the man who had 
                already robbed, assaulted, and raped her. She used her 
                handgun to protect herself by shooting and killing him. 
                Had she not had a handgun, the outcome would have been 
                much different.
                    (C) Residents of Los Angeles were forced to wait 15 
                days during the 1991 riots before they could legally 
                buy a firearm for protection, in spite of the fact that 
                police were admitting that they could not protect the 
                people.
            (2) A point-of-sale instant background check can easily 
        lead to a gun owner registration system. Commenting on the 
        Virginia State instant check system, the Congressional Office 
        of Technology Assessment said ``The Virginia transaction log 
        does not include the names of firearm purchasers, but the 
        potential exists regardless of legal prohibitions.''.
            (3) Laws requiring a waiting period before the purchase of 
        a firearm have not prevented crime rates in various States that 
        have enacted such laws from increasing far above the national 
        average increase in crime rates.
            (4) Police cannot protect, and are not legally responsible 
        for protecting, individual citizens, as evidenced by the 
        following:
                    (A) The courts have consistently ruled that the 
                police do not have an obligation to protect 
                individuals, only the public in general. In Warren v. 
                District of Columbia Metropolitan Police Department 
                (D.C. App. 444 A. 2d 1 (1981)), the court stated 
                ``courts have without exception concluded that when a 
                municipality or other governmental entity undertakes to 
                furnish police services, it assumes a duty only to the 
                public at large and not to individual members of the 
                community''.
                    (B) Former Florida Attorney General Jim Smith told 
                Florida legislators that police responded to only 
                200,000 of 700,000 calls for help to Dade County 
                authorities.
                    (C) The Department of Justice found that, in 1989, 
                there were 168,881 crimes of violence which were not 
                responded to by police within 1 hour.
                    (D) Currently, there are about 150,000 police 
                officers on duty to protect a population of more than 
                250,000,000 Americans.

SEC. 132. SYSTEM FOR IDENTIFYING FELONS AND PERSONS ADJUDICATED 
              MENTALLY INCOMPETENT.

    (a) In General.--The laws and procedures of a State are of the type 
described in this subsection if the laws and procedures, in substance, 
provide the following:
            (1) Records check required before issuance of driver's 
        license and identification documents; use of magnetic strips to 
        identify prohibited persons.--Before the State transportation 
        agency issues, reissues, or reinstates a license, the agency 
        shall--
                    (A) conduct a record check to determine whether the 
                applicant therefor is a prohibited person by examining 
                the State list referred to in paragraph (4) of this 
                subsection and the national list referred to in 
                subsection (b)(1); and
                    (B) affix to the license of the person a magnetic 
                strip on which is encoded information that--
                            (i) identifies the licensee as a prohibited 
                        person or as a nonprohibited person; and
                            (ii) may be discerned only through the use 
                        of an electronic device that--
                                    (I) is read only;
                                    (II) does not have storage or 
                                communication capabilities; and
                                    (III) signals the user of the 
                                device with--
                                            (aa) a green light if the 
                                        device reads a magnetic strip 
                                        that does not identify the 
                                        person as a prohibited person; 
                                        and
                                            (bb) a red light if the 
                                        device reads a magnetic strip 
                                        that identifies the person as a 
                                        prohibited person.
            (2) Effects of felony conviction or adjudication of mental 
        incompetency.--
                    (A) Seizure and voiding of driver's license.--If a 
                State court convicts a person of a crime punishable by 
                imprisonment for a term exceeding 1 year or adjudicates 
                a person as mentally incompetent, the court shall seize 
                any license issued to the person by the State 
                transportation agency, and any such license shall be 
                void.
                    (B) Issuance of new license upon request.--Upon 
                request of a person referred to in subparagraph (A), 
                the State transportation agency shall issue to the 
                person (if otherwise eligible therefor) another such 
                license affixed to which is a magnetic strip 
                identifying the person as a prohibited person.
            (3) Funding of records checks.--
                    (A) Increase in fines imposed upon convicted 
                felons.--Any person convicted in the State of a crime 
                punishable by imprisonment for a term exceeding 1 year 
                shall, in addition to any sentence imposed under any 
                other provision of State law, be fined an amount 
                sufficient to cover the expenses of criminal records 
                checks conducted pursuant to paragraph (1)(A), taking 
                all such convictions into account on an annual basis.
                    (B) Surcharge imposed on prohibited persons to 
                obtain a driver's license.--In addition to any fee 
                required to be paid by a person to obtain a license, 
                the State transportation agency shall require a 
                prohibited person to pay surcharge in an amount 
                determined by the State to be sufficient to cover the 
                expenses of criminal records checks conducted by the 
                agency pursuant to paragraph (1)(A), taking into 
                account fines imposed under subparagraph (B) of this 
                paragraph.
            (4) Requirement to maintain and update computerized list of 
        prohibited persons.--The State shall create and maintain a 
        computerized list of all persons who are prohibited persons by 
        reason of a conviction or adjudication in the State, and, 
        within 2 years after the date of the enactment of this Act, 
        shall achieve and maintain at least 80 percent currency of case 
        dispositions in the computerized list for all cases in which 
        there has been an entry of activity within the then immediately 
        preceding 5 years.
    (b) Duties of the Attorney General.--The Attorney General of the 
United States shall--
            (1) create a national, computerized list of prohibited 
        persons;
            (2) incorporate State criminal history records into the 
        Federal criminal records system maintained by the Federal 
        Bureau of Investigation;
            (3) develop hardware and software systems to link State 
        lists referred to in subsection (a)(4) with the national list 
        referred to in paragraph (1) of this subsection; and
            (4) provide any responsible State agency with access to the 
        national list, upon request.
    (c) Procedures for Correcting Erroneous Records.--
            (1) Request for information.--Any person identified as a 
        prohibited person in records maintained under this section may 
        request the Attorney General of the United States to notify the 
        person of the reasons therefor.
            (2) Compliance with request.--Within 5 days after receipt 
        of a request under paragraph (1), the Attorney General shall 
        comply with the request.
            (3) Submission of additional information.--Any person 
        described in paragraph (1) may submit to the Attorney General 
        information to correct, clarify, or supplement records 
        maintained under this section with respect to the person.
            (4) Consideration and use of additional information.--
        Within 5 days after receipt of such information, the Attorney 
        General shall consider the information, investigate the matter 
        further, correct any and all erroneous Federal records relating 
        to such person, and notify any Federal department or agency or 
        any State that was the source of the erroneous records of the 
        errors.
    (d) Judicial Review.--Any person erroneously identified as a 
prohibited person in records maintained pursuant to this section may 
bring an action in any United States district court against the United 
States, or any State or political subdivision thereof which is the 
source of the erroneous information, for damages (including 
consequential damages), injunctive relief, and such other relief as the 
court deems appropriate. If the person prevails in the action, the 
court shall allow the person a reasonable attorney's fee as part of the 
costs.
    (e) Definitions.--As used in this section:
            (1) License.--The term ``license'' means a license or 
        permit to operate a motor vehicle on the roads and highways of 
        the State, and any identification document issued by a State 
        transportation agency solely for purposes of identification.
            (2) Prohibited person.--The term ``prohibited person'' 
        means a person who--
                    (A) has been convicted of a crime punishable under 
                Federal or State law by imprisonment for a term 
                exceeding 1 year; or
                    (B)(i) has been adjudicated mentally incompetent; 
                and
                    (ii)(I) has not been restored to capacity by court 
                order; or
                    (II) has been so restored to capacity for less than 
                5 years.
            (3) State transportation agency.--The term ``State 
        transportation agency'' means the State agency responsible for 
        issuing a license, permit, or identification document described 
        in paragraph (1).
    (f) Justice Assistance Funds Withheld From Certain States Unless 
Certain Laws and Procedures Are in Effect.--2 years after the date of 
the enactment of this Act, the Director of the Bureau of Justice 
Assistance shall reduce by 25 percent the annual allocation to a State 
for a fiscal year under title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 if the State has in effect, as of such date of 
enactment, a waiting period, or a system for identifying felons, before 
the purchase of a handgun, and the State does not, by the end of such 
2-year period, have in effect all of the laws and procedures of the 
type described in subsection (a). If, at any time after such 2-year 
period, any State has in effect a waiting period before the purchase of 
a handgun, or a system for identifying felons or persons adjudicated 
mentally incompetent other than as provided pursuant to laws and 
procedures of the type described in subsection (a), the Director of the 
Bureau of Justice Assistance shall reduce by 25 percent the annual 
allocation to the State for a fiscal year under title I of the Omnibus 
Crime Control and Safe Streets Act of 1968.

SEC. 133. LICENSED FIREARMS DEALERS REQUIRED TO CHECK MAGNETIC STRIP ON 
              DRIVER'S LICENSE OF ANY PERSON ATTEMPTING TO PURCHASE A 
              HANDGUN.

    (a) Prohibition.--Section 922 of title 18, United States Code, as 
amended by section 722(a) of this Act, is amended by adding at the end 
the following:
    ``(x)(1) It shall be unlawful for any licensed dealer knowingly 
to--
            ``(A) sell a handgun to any person not licensed under 
        section 923, unless the licensed dealer has used an electronic 
        device described in section 732(a)(1)(B)(ii) of the Crime 
        Control Act of 1994 to read the magnetic strip affixed to an 
        identification document issued to the person by the 
        transportation agency of the State in which the premises of the 
        licensed dealer is located; or
            ``(B) fail to notify local law enforcement authorities, 
        within 72 hours, of any person attempting to purchase a handgun 
        who is identified as a prohibited person through the use of 
        such a device.
    ``(2) As used in paragraph (1):
            ``(A) The term `handgun' means a firearm which has a short 
        stock and is designed to be held and fired by the use of a 
        single hand.
            ``(B) The term `identification document' means a license or 
        permit to operate a motor vehicle, and any identification 
        document issued solely for purposes of identification.
            ``(C) The term `transportation agency' means the agency 
        responsible for issuing commercial or noncommercial 
        identification documents.
    ``(3) Paragraph (1) shall not apply in any State that does not have 
in effect the laws and procedures required by section 732(a) of the 
Crime Control Act of 1994.''.
    (b) Penalty.--Section 924(a) of such title, as amended by section 
715 of this Act, is amended by adding at the end the following:
    ``(7) Any licensed dealer who violates section 922(x) shall be 
imprisoned not more than 1 year, fined not more than $1,000, or 
both.''.
    (c) Effective Date.--The amendments made by this section apply to 
conduct engaged in after the 2-year period that begins with the date of 
the enactment of this Act.

                  Chapter 2--Other Firearms Provisions

SEC. 141. INCREASED PENALTY FOR INTERSTATE GUN TRAFFICKING.

    Section 924 of title 18, United States Code, as amended by sections 
430, 705(e), 714(b), 718, and 722(c) of this Act, is amended by adding 
at the end the following:
    ``(o) Whoever, with the intent to engage in conduct which 
constitutes a violation of section 922(a)(1)(A), travels from any State 
or foreign country into any other State and acquires, or attempts to 
acquire, a firearm in such other State in furtherance of such purpose 
shall be imprisoned for not more than 10 years.''.

SEC. 142. PROHIBITION AGAINST TRANSACTIONS INVOLVING STOLEN FIREARMS 
              WHICH HAVE MOVED IN INTERSTATE OR FOREIGN COMMERCE.

    Section 922(j) of title 18, United States Code, is amended to read 
as follows:
    ``(j) It shall be unlawful for any person to receive, possess, 
conceal, store, barter, sell, or dispose of any stolen firearm or 
stolen ammunition, or pledge or accept as security for a loan any 
stolen firearm or stolen ammunition, which is moving as, which is a 
part of, which constitutes, or which has been shipped or transported 
in, interstate or foreign commerce, either before or after it was 
stolen, knowing or having reasonable cause to believe that the firearm 
or ammunition was stolen.''.

SEC. 143. ENHANCED PENALTIES FOR USE OF FIREARMS IN CONNECTION WITH 
              COUNTERFEITING OR FORGERY.

    Section 924(c)(1) of title 18, United States Code, is amended by 
inserting ``or during and in relation to any felony punishable under 
chapter 25,'' after ``United States,''.

SEC. 144. INCREASED PENALTY FOR KNOWINGLY FALSE, MATERIAL STATEMENTS IN 
              FIREARM PURCHASE FROM LICENSED DEALER.

    Section 924(a) of title 18, United States Code, is amended--
            (1) in paragraph (1)(B), by striking ``(a)(6),''; and
            (2) in paragraph (2), by inserting ``(a)(6),'' after 
        ``subsection''.

SEC. 145. REVOCATION OF SUPERVISED RELEASE FOR POSSESSION OF A FIREARM 
              IN VIOLATION OF RELEASE CONDITION.

    Section 3583 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(h) Mandatory Revocation for Possession of a Firearm.--If the 
court has provided, as a condition of supervised release, that the 
defendant refrain from possessing a firearm, and if the defendant is in 
actual possession of a firearm (as defined in section 921) at any time 
prior to the expiration or termination of the term of supervised 
release, the court shall, after a hearing pursuant to the provisions of 
the Federal Rules of Criminal Procedure that are applicable to 
probation revocation, revoke the term of supervised release and, 
subject to subsection (e)(3) of this section, require the defendant to 
serve in prison all or part of the term of supervised release without 
credit for time previously served on post release supervision.''.

SEC. 146. RECEIPT OF FIREARMS BY NONRESIDENT.

    Section 922(a) of title 18, United States Code, is amended--
            (1) in paragraph (7), by striking ``and'' at the end;
            (2) in paragraph (8), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(9) for any person, other than a licensed importer, 
        licensed manufacturer, licensed dealer, or licensed collector, 
        who does not reside in any State to receive any firearms unless 
        such receipt is for lawful sporting purposes.''.

SEC. 147. DISPOSITION OF FORFEITED FIREARMS.

    Section 5872(b) of the Internal Revenue Code of 1986 is amended to 
read as follows:
    ``(b) Disposal.--In the case of the forfeiture of any firearm, 
where there is no remission or mitigation of forfeiture thereof--
            ``(1) the Secretary may retain the firearm for official use 
        of the Department of the Treasury or, if not so retained, offer 
        to transfer the weapon without charge to any other executive 
        department or independent establishment of the Government for 
        official use by it and, if the offer is accepted, so transfer 
        the firearm;
            ``(2) if the firearm is not disposed of pursuant to 
        paragraph (1), is a firearm other than a machine gun or a 
        firearm forfeited for a violation of this chapter, is a firearm 
        that in the opinion of the Secretary is not so defective that 
        its disposition pursuant to this paragraph would create an 
        unreasonable risk of a malfunction likely to result in death or 
        bodily injury, and is a firearm which (in the judgment of the 
        Secretary, taking into consideration evidence of present value 
        and evidence that like firearms are not available except as 
        collector's items, or that the value of like firearms available 
        in ordinary commercial channels is substantially less) derives 
        a substantial part of its monetary value from the fact that it 
        is novel, rare, or because of its association with some 
        historical figure, period, or event, the Secretary may sell the 
        firearm, after public notice, at public sale to a dealer 
        licensed under chapter 44 of title 18, United States Code;
            ``(3) if the firearm has not been disposed of pursuant to 
        paragraph (1) or (2), the Secretary shall transfer the firearm 
        to the Administrator of General Services, who shall destroy or 
        provide for the destruction of the firearm; and
            ``(4) no decision or action of the Secretary pursuant to 
        this subsection shall be subject to judicial review.''.

SEC. 148. CONSPIRACY TO VIOLATE FEDERAL FIREARMS OR EXPLOSIVES LAWS.

    (a) Firearms.--Section 924 of title 18, United States Code, as 
amended by sections 430, 705(e), 714(b), 718, 722(c), and 741 of this 
Act, is amended by adding at the end the following:
    ``(p) Whoever conspires to commit any offense punishable under this 
chapter shall be subject to the same penalties as those prescribed for 
the offense the commission of which was the object of the 
conspiracy.''.
    (b) Explosives.--Section 844 of such title is amended by adding at 
the end the following:
    ``(k) Whoever conspires to commit any offense punishable under this 
chapter shall be subject to the same penalties as those prescribed for 
the offense the commission of which was the object of the 
conspiracy.''.

SEC. 149. THEFT OF FIREARMS OR EXPLOSIVES FROM LICENSEE.

    (a) Firearms.--Section 924 of title 18, United States Code, as 
amended by sections 430, 705(e), 714(b), 718, 722(c), 741, and 748(a) 
of this Act, is amended by adding at the end the following:
    ``(q) Whoever steals any firearm from a licensed importer, licensed 
manufacturer, licensed dealer, or licensed collector shall be fined 
under this title, imprisoned not more than ten years, or both.''.
    (b) Explosives.--Section 844 of such title, as amended by section 
748(b) of this Act, is amended by adding at the end the following:
    ``(l) Whoever steals any explosive material from a licensed 
importer, licensed manufacturer, licensed dealer, or permittee shall be 
fined under this title, imprisoned not more than ten years, or both.''.

SEC. 150. PENALTIES FOR THEFT OF FIREARMS OR EXPLOSIVES.

    (a) Firearms.--Section 924 of title 18, United States Code, as 
amended by sections 430, 705(e), 714(b), 718, 722(c), 741, 748(a), and 
749(a) of this Act, is amended by adding at the end the following:
    ``(r) Whoever steals any firearm which is moving as, or is a part 
of, or which has moved in, interstate or foreign commerce shall be 
imprisoned for not less than 2 nor more than 10 years, fined under this 
title, or both.''.
    (b) Explosives.--Section 844 of such title, as amended by sections 
748(b) and 749(b) of this Act, is amended by adding at the end the 
following:
    ``(m) Whoever steals any explosive materials which are moving as, 
or are a part of, or which have moved in, interstate or foreign 
commerce shall be imprisoned not less than 2 nor more than 10 years, 
fined under this title, or both.''.

SEC. 151. PROHIBITION AGAINST DISPOSING OF EXPLOSIVES TO PROHIBITED 
              PERSONS.

    Section 842(d) of title 18, United States Code, is amended by 
striking ``licensee'' and inserting ``person''.

SEC. 152. PROHIBITION AGAINST THEFT OF FIREARMS OR EXPLOSIVES.

    (a) Firearms.--Section 924 of title 18, United States Code, as 
amended by sections 430, 705(e), 714(b), 718, 722(c), 741, 748(a), 
749(a), and 750(a) of this Act, is amended by adding at the end the 
following:
    ``(s) Whoever steals any firearm which is moving as, or is a part 
of, or which has moved in, interstate or foreign commerce shall be 
imprisoned for not less than 2 nor more than 10 years, fined under this 
title, or both.''.
    (b) Explosives.--Section 844 of such title, as amended by sections 
748(b), 749(b), and 750(b) of this Act, is amended by adding at the end 
the following:
    ``(n) Whoever steals any explosive materials which are moving as, 
or are a part of, or which have moved in, interstate or foreign 
commerce shall be imprisoned not less than 2 nor more than 10 years, 
fined under this title, or both.''.

SEC. 153. INCREASED PENALTY FOR SECOND OFFENSE OF USING AN EXPLOSIVE TO 
              COMMIT A FELONY.

    Section 844(h) of title 18, United States Code, is amended by 
striking ``ten'' and inserting ``20''.

SEC. 154. POSSESSION OF EXPLOSIVES BY FELONS AND OTHERS.

    Section 842(i) of title 18, United States Code, is amended by 
inserting ``or possess'' after ``to receive''.

SEC. 155. POSSESSION OF EXPLOSIVES DURING THE COMMISSION OF A FELONY.

    Section 844(h) of title 18, United States Code, is amended--
            (1) in paragraph (2), by striking ``carries'' and inserting 
        ``possesses''; and
            (2) in the 3rd sentence, by striking ``carried'' and 
        inserting ``possessed''.

SEC. 156. SUMMARY DESTRUCTION OF EXPLOSIVES SUBJECT TO FORFEITURE.

    Section 844(c) of title 18, United States Code, is amended--
            (1) by inserting ``(1)'' before ``Any''; and
            (2) by adding at the end the following:
    ``(2) Notwithstanding paragraph (1), in the case of the seizure of 
any explosive materials for any offense for which the materials would 
be subject to forfeiture where it is impracticable or unsafe to remove 
the materials to a place of storage, or where it is unsafe to store 
them, the seizing officer is authorized to destroy the explosive 
materials forthwith. Any destruction under this paragraph shall be in 
the presence of at least one credible witness. The seizing officer 
shall make a report of the seizure and take samples as the Secretary 
may by regulation prescribe.
    ``(3) Within 60 days after any destruction made pursuant to 
paragraph (2), the owner of, including any person having an interest 
in, the property so destroyed may make application to the Secretary for 
reimbursement of the value of the property. If the claimant establishes 
to the satisfaction of the Secretary that--
            ``(A) the property has not been used or involved in a 
        violation of law; or
            ``(B) any unlawful involvement or use of the property was 
        without the claimant's knowledge, consent, or willful 
        blindness,
the Secretary shall make an allowance to the claimant not exceeding the 
value of the property destroyed.''.

SEC. 157. ELIMINATION OF OUTMODED PAROLE LANGUAGE.

    Section 924 of title 18, United States Code, is amended--
            (1) in subsection (c)(1), by striking ``No person sentenced 
        under this subsection shall be eligible for parole during the 
        term of imprisonment imposed herein.''; and
            (2) in subsection (e)(1), by striking ``, and such person 
        shall not be eligible for parole with respect to the sentence 
        imposed under this subsection''.

                       Subtitle D--Miscellaneous

SEC. 161. INCREASED PENALTIES FOR TRAVEL ACT CRIMES INVOLVING VIOLENCE 
              AND CONSPIRACY TO COMMIT CONTRACT KILLINGS.

    (a) Travel Act Penalties.--Section 1952(a) of title 18, United 
States Code, is amended by striking ``and thereafter performs or 
attempts to perform any of the acts specified in subparagraphs (1), 
(2), and (3), shall be fined not more than $10,000 or imprisoned for 
not more than five years, or both.'' and inserting ``and thereafter 
performs or attempts to perform--
            ``(A) an act described in paragraph (1) or (3) shall be 
        fined under this title, imprisoned not more than 5 years, or 
        both; or
            ``(B) an act described in paragraph (2) shall be fined 
        under this title, imprisoned for not more than 20 years, or 
        both, and if death results shall be imprisoned for any term of 
        years or for life.''.
    (b) Murder Conspiracy Penalties.--Section 1958(a) of title 18, 
United States Code, is amended by inserting ``or who conspires to do 
so'' before ``shall be fined'' the first place it appears.

SEC. 162. CRIMINAL OFFENSE FOR FAILING TO OBEY AN ORDER TO LAND A 
              PRIVATE AIRCRAFT.

    (A) In General.--Chapter 109 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2237. Order to land
    ``(a)(1) A pilot or operator of an aircraft that has crossed the 
border of the United States, or an aircraft subject to the jurisdiction 
of the United States operating outside the United States, who 
intentionally fails to obey an order to land issued by an authorized 
Federal law enforcement officer who has observed conduct or is 
otherwise in possession of information establishing reasonable 
suspicion that the aircraft is being used unlawfully in violation of 
the laws of the United States relating to controlled substances as that 
term is defined in section 102(6) of the Controlled Substances Act, or 
section 1956 or 1957 of this title (relating to money launderings), 
shall be fined under this title, or imprisoned for not more than 2 
years, or both.
    ``(2) The Secretary of the Treasury and the Secretary of 
Transportation, in consultation with the Attorney General, shall make 
rules governing the means by which a Federal Law enforcement officer 
may communicate an order to land to a pilot or operator of an aircraft.
    ``(3) This section does not limit the authority of a customs 
officer under section 581 of the Tariff Act of 1930 or another law the 
Customs Service enforces or administers, or the authority of a Federal 
law enforcement officer under a law of the United States to order an 
aircraft to land.
    ``(b) A foreign nation may consent or waive objection to the United 
States enforcing the laws of the United States by radio, telephone, or 
similar oral or electronic means. Consent or waiver may be proven by 
certification of the Secretary of State or the Secretary's designee.
    ``(c) For purposes of this section--
            ``(1) the term `aircraft subject to the jurisdiction of the 
        United States' includes--
                    ``(A) an aircraft located over the United States or 
                the customs waters of the United States;
                    ``(B) an aircraft located in the airspace of a 
                foreign nation, when that nation consents to United 
                States enforcement of United States law; and
                    ``(C) over the high seas, an aircraft without 
                nationality, an aircraft of the United States registry, 
                or an aircraft registered in a foreign nation that has 
                consented or waived objection to the United States 
                enforcement of United States law; and
            ``(2) the term `Federal law enforcement officer' has the 
        same meaning that term has in section 115 of this title.
    ``(d) An aircraft that is used in violation of this section is 
liable in rem for a fine imposed under this section;
    ``(e) An aircraft that is used in violation of this section may be 
seized and forfeited. The laws relating to seizure and forfeiture for 
violation of the customs laws, including available defenses such as 
innocent owner provisions, apply to aircraft seized or forfeited under 
this section.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 109 of title 18, United States Code, is amended by adding at 
the end the following new item:

``2237. Order to land.''.

SEC. 163. AMENDMENT TO THE MANSFIELD AMENDMENT TO PERMIT MARITIME LAW 
              ENFORCEMENT OPERATIONS IN ARCHIPELAGIC WATERS.

    Section 481(c)(4) of Public Law 87-195 (22 U.S.C. 2291(c)) is 
amended by inserting ``, and archipelagic waters'' after ``territorial 
sea''.

SEC. 164. ENHANCEMENT OF PENALTIES FOR DRUG TRAFFICKING IN PRISONS.

    Section 1791 of title 18, United States Code, is amended--
            (1) in subsection (c), by inserting before ``Any'' the 
        following new sentence: ``Any punishment imposed under 
        subsection (b) for a violation of this section involving a 
        controlled substance shall be consecutive to any other sentence 
        imposed by any court for an offense involving such a controlled 
        substance.''; and
            (2) in subsection (d)(1)(A) by inserting after ``a firearm 
        or destructive device'' the following, ``or a controlled 
        substance in schedule I or II, other than marijuana or a 
        controlled substance referred to in subparagraph (C) of this 
        subsection''.

                 TITLE II--EQUAL PROTECTION FOR VICTIMS

                      Subtitle A--Victims' Rights

SEC. 201. RIGHT OF THE VICTIM TO FAIR TREATMENT IN LEGAL PROCEEDINGS.

    The following rules, to be known as the Rules of Professional 
Conduct for Lawyers in Federal Practice, are enacted:

    ``RULES OF PROFESSIONAL CONDUCT FOR 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

``Rule 1. Scope

    ``(a) These rules apply to the conduct of lawyers in their 
representation of clients in relation to proceedings and potential 
proceedings before Federal tribunals.
    ``(b) For purposes of these rules, `Federal tribunal' and 
`tribunal' mean a court of the United States.

``Rule 2. Abuse of Victims and Others Prohibited

    ``(a) A lawyer shall not engage in any action or course of conduct 
for the purpose of increasing the expense of litigation for any person, 
other than a liability under an order or judgment of a tribunal.
    ``(b) A lawyer shall not engage in any action or course of conduct 
that has no substantial purpose other than to distress, harass, 
embarrass, burden, or inconvenience another person.
    ``(c) A lawyer shall not offer evidence that the lawyer knows to be 
false or attempt to discredit evidence that the lawyer knows to be 
true.

``Rule 3. Duty of Enquiry in Relation to Client

    ``A lawyer shall attempt to elicit from the client a truthful 
account of the material facts concerning the matters in issue. In 
representing a client charged with a crime, the duty of enquiry under 
this rule includes--
            ``(1) attempting to elicit from the client a materially 
        complete account of the alleged criminal activity if the client 
        acknowledges involvement in the alleged activity; and
            ``(2) attempting to elicit from the client the material 
        facts relevant to a defense of alibi if the client denies such 
        involvement.

``Rule 4. Duty to Expedite Litigation

    ``(a) A lawyer shall seek to bring about the expeditious conduct 
and conclusion of litigation.
    ``(b) A lawyer shall not seek a continuance or otherwise attempt to 
delay or prolong proceedings in the hope or expectation that--
            ``(1) evidence will become unavailable;
            ``(2) evidence will become more subject to impeachment or 
        otherwise less useful to another party because of the passage 
        of time; or
            ``(3) an advantage will be obtained in relation to another 
        party because of the expense, frustration, distress, or other 
        hardship resulting from prolonged or delayed proceedings.

``Rule 5. Duty to Prevent Commission of Crime

    ``(a) A lawyer may disclose information relating to the 
representation of a client to the extent necessary to prevent the 
commission of a crime or other unlawful act.
    ``(b) A lawyer shall disclose information relating to the 
representation of a client where disclosure is required by law. A 
lawyer shall also disclose such information to the extent necessary to 
prevent--
            ``(1) the commission of a crime involving the use or 
        threatened use of force against another, or a substantial risk 
        of death or serious bodily injury to another; or
            ``(2) the commission of a crime of sexual assault or child 
        molestation.
    ``(c) For purposes of this rule, `crime' means a crime under the 
law of the United States or the law of a State, and `unlawful act' 
means an act in violation of the law of the United States or the law of 
a State.''.

SEC. 202. RIGHT OF THE VICTIM TO AN IMPARTIAL JURY.

    Rule 24(b) of the Federal Rules of Criminal Procedure is amended by 
striking ``the Government is entitled to 6 peremptory challenges and 
the defendant or defendants jointly to 10 peremptory challenges'' and 
inserting ``each side is entitled to 6 peremptory challenges''.

SEC. 203. VICTIM'S RIGHT OF ALLOCUTION IN SENTENCING.

    Rule 32 of the Federal Rules of Criminal Procedure is amended--
            (1) by striking ``and'' at the end of subdivision 
        (a)(1)(B);
            (2) by striking the period at the end of subdivision 
        (a)(1)(C) and inserting ``; and'';
            (3) by inserting after subdivision (a)(1)(C) the following: 
        ``(D) if sentence is to be imposed for a crime of violence or 
        sexual abuse, address the victim personally if the victim is 
        present at the sentencing hearing and determine if the victim 
        wishes to make a statement and to present any information in 
        relation to the sentence.'';
            (4) in the penultimate sentence of subdivision (a)(1) by 
        striking ``equivalent opportunity'' and inserting ``opportunity 
        equivalent to that of the defendant's counsel'';
            (5) in the last sentence of subdivision (a)(1) by inserting 
        ``the victim,'' before ``, or the attorney for the 
        Government.''; and
            (6) by adding at the end the following new subdivision:
    ``(f) Definitions.--For purposes of this rule--
            ``(1) `crime of violence or sexual abuse' means a crime 
        that involved the use or attempted or threatened use of 
        physical force against the person or property of another, or a 
        crime under chapter 109A of title 18, United States Code; and
            ``(2) `victim' means an individual against whom an offense 
        for which a sentence is to be imposed has been committed, but 
        the right of allocution under subdivision (a)(1)(D) may be 
        exercised instead by--
                    ``(A) a parent or legal guardian if the victim is 
                below the age of 18 years or incompetent; or
                    ``(B) one or more family members or relatives 
                designated by the court if the victim is deceased or 
                incapacitated,
        if such person or persons are present at the sentencing 
        hearing, regardless of whether the victim is present.''.

SEC. 204. ENFORCEMENT OF RESTITUTION ORDERS THROUGH SUSPENSION OF 
              FEDERAL BENEFITS.

    Section 3663 of title 18, United States Code, is amended--
            (1) by redesignating subsections (g) and (h) as subsections 
        (h) and (i), respectively; and
            (2) by inserting after subsection (f) the following new 
        subsection:
    ``(g)(1) If the defendant is delinquent in making restitution in 
accordance with any schedule of payments or any requirement of 
immediate payment imposed under this section, the court may, after a 
hearing, suspend the defendant's eligibility for all Federal benefits 
until such time as the defendant demonstrates to the court good-faith 
efforts to return to such schedule.
    ``(2) For purposes of this subsection--
            ``(A) the term `Federal benefits'--
                    ``(i) means any grant, contract, loan, professional 
                license, or commercial license provided by an agency of 
                the United States or appropriated funds of the United 
                States; and
                    ``(ii) does not include any retirement, welfare, 
                Social Security, health, disability, veterans benefit, 
                public housing, or other similar benefit, or any other 
                benefit for which payments or services are required for 
                eligibility; and
            ``(B) the term `veterans benefit' means all benefits 
        provided to veterans, their families, or survivors by virtue of 
        the service of a veteran in the Armed Forces of the United 
        States.''.

SEC. 205. PROHIBITION OF RETALIATORY KILLINGS OF WITNESSES, VICTIMS AND 
              INFORMANTS.

    Section 1513 of title 18, United States Code, is amended--
            (1) by redesignating subsections (a) and (b) as subsections 
        (b) and (c), respectively; and
            (2) by inserting a new subsection (a) as follows:
    ``(a)(1) Whoever kills or attempts to kill another person with 
intent to retaliate against any person for--
            ``(A) the attendance of a witness or party at an official 
        proceeding, or any testimony given or any record, document, or 
        other object produced by a witness in an official proceeding; 
        or
            ``(B) any information relating to the commission or 
        possible commission of a Federal offense or a violation of 
        conditions of probation, parole or release pending judicial 
        proceedings given by a person to a law enforcement officer;
shall be punished as provided in paragraph (2).
    ``(2) The punishment for an offense under this subsection is--
            ``(A) in the case of a killing, the punishment provided in 
        sections 1111 and 1112 of this title; and
            ``(B) in the case of an attempt, imprisonment for not more 
        than twenty years.''.

                      Subtitle B--Judicial Reform

SEC. 211. ADMISSIBILITY OF EVIDENCE OF SIMILAR CRIMES IN SEX OFFENSE 
              CASES.

    The Federal Rules of Evidence are amended by adding after Rule 412 
the following new rules:

``Rule 413. Evidence of Similar Crimes in Sexual Assault Cases

    ``(a) Evidence Admissible.--In a criminal case in which the 
defendant is accused of an offense of sexual assault, evidence of the 
defendant's commission of another offense or offenses of sexual assault 
is admissible, and may be considered for its bearing on any matter to 
which it is relevant.
    ``(b) Disclosure to Defendant.--In a case in which the government 
intends to offer evidence under this Rule, the attorney for the 
government shall disclose the evidence to the defendant, including 
statements of witnesses or a summary of the substance of any testimony 
that is expected to be offered, at least 15 days before the scheduled 
date of trial or at such later time as the court may allow for good 
cause.
    ``(c) Effect on Other Rules.--This Rule shall not be construed to 
limit the admission or consideration of evidence under any other Rule.
    ``(d) Definition.--For purposes of this Rule and Rule 415, `offense 
of sexual assault' means a crime under Federal law or the law of a 
State (as defined in section 513 of title 18, United States Code) that 
involved--
            ``(1) any conduct proscribed by chapter 109A of title 18, 
        United States Code;
            ``(2) contact, without consent, between any part of the 
        defendant's body or an object and the genitals or anus of 
        another person;
            ``(3) contact, without consent, between the genitals or 
        anus of the defendant and any part of another person's body;
            ``(4) deriving sexual pleasure or gratification from the 
        infliction of death, bodily injury, or physical pain on another 
        person; or
            ``(5) an attempt or conspiracy to engage in conduct 
        described in any of paragraphs (1) through (4).

``Rule 414. Evidence of Similar Crimes in Child Molestation Cases

    ``(a) Evidence Admissible.--In a criminal case in which the 
defendant is accused of an offense of child molestation, evidence of 
the defendant's commission of another offense or offenses of child 
molestation is admissible, and may be considered for its bearing on any 
matter to which it is relevant.
    ``(b) Disclosure to Defendant.--In a case in which the government 
intends to offer evidence under this Rule, the attorney for the 
government shall disclose the evidence to the defendant, including 
statements of witnesses or a summary of the substance of any testimony 
that is expected to be offered, at least 15 days before the scheduled 
date of trial or at such later time as the court may allow for good 
cause.
    ``(c) Effect on Other Rules.--This Rule shall not be construed to 
limit the admission or consideration of evidence under any other Rule.
    ``(d) Definition.--For purposes of this Rule and Rule 415, `child' 
means a person below the age of 14 years, and `offense of child 
molestation' means a crime under Federal law or the law of a State (as 
defined in section 513 of title 18, United States Code) that involved--
            ``(1) any conduct proscribed by chapter 109A of title 18, 
        United States Code, that was committed in relation to a child;
            ``(2) any conduct proscribed by chapter 110 of title 18, 
        United States Code;
            ``(3) contact between any part of the defendant's body or 
        an object and the genitals or anus of a child;
            ``(4) contact between the genitals or anus of the defendant 
        and any part of the body of a child;
            ``(5) deriving sexual pleasure or gratification from the 
        infliction of death, bodily injury, or physical pain on a 
        child; or
            ``(6) an attempt or conspiracy to engage in conduct 
        described in any of paragraphs (1) through (5).

``Rule 415. Evidence of Similar Acts in Civil Cases Concerning Sexual 
              Assault or Child Molestation

    ``(a) Evidence Admissible.--In a civil case in which a claim for 
damages or other relief is predicated on a party's alleged commission 
of conduct constituting an offense of sexual assault or child 
molestation, evidence of that party's commission of another offense or 
offenses of sexual assault or child molestation is admissible and may 
be considered as provided in Rule 413 and Rule 414 of these Rules.
    ``(b) Disclosure to Other Parties.--A party who intends to offer 
evidence under this Rule shall disclose the evidence to the party 
against whom it will be offered, including statements of witnesses or a 
summary of the substance of any testimony that is expected to be 
offered, at least 15 days before the scheduled date of trial or at such 
later time as the court may allow for good cause.
    ``(c) Effect on Other Rules.--This Rule shall not be construed to 
limit the admission or consideration of evidence under any other 
Rule.''.

SEC. 212. EXTENSION AND STRENGTHENING OF RAPE VICTIM SHIELD LAW.

    (a) Amendments to Rape Victim Shield Law.--Rule 412 of the Federal 
Rules of Evidence is amended--
            (1) in subdivisions (a) and (b), by striking ``criminal 
        case'' and inserting ``criminal or civil case'';
            (2) in subdivisions (a) and (b), by striking ``an offense 
        under chapter 109A of title 18, United States Code,'' and 
        inserting ``an offense or civil wrong involving conduct 
        proscribed by chapter 109A of title 18, United States Code, 
        whether or not the conduct occurred in the special maritime and 
        territorial jurisdiction of the United States or in a Federal 
        prison,'';
            (3) in subdivision (a), by striking ``victim of such 
        offense'' and inserting ``victim of such conduct'';
            (4) in subdivision (c)--
                    (A) by striking in paragraph (1) ``the person 
                accused of committing an offense under chapter 109A of 
                title 18, United States Code'' and inserting ``the 
                accused''; and
                    (B) by inserting at the end of paragraph (3) the 
                following: ``An order admitting evidence under this 
                paragraph shall explain the reasoning leading to the 
                finding of relevance, and the basis of the finding that 
                the probative value of the evidence outweighs the 
                danger of unfair prejudice notwithstanding the 
                potential of the evidence to humiliate and embarrass 
                the alleged victim and to result in unfair or biased 
                inferences.''; and
            (5) in subdivision (d), by striking ``an offense under 
        chapter 109A of title 18, United States Code'' and inserting 
        ``the conduct proscribed by chapter 109A of title 18, United 
        States Code,''.
    (b) Interlocutory Appeal.--Section 3731 of title 18, United States 
Code, is amended by inserting after the second paragraph the following:
    ``An appeal by the United States before trial shall lie to a court 
of appeals from an order of a district court admitting evidence of an 
alleged victim's past sexual behavior in a criminal case in which the 
defendant is charged with an offense involving conduct proscribed by 
chapter 109A of this title, whether or not the conduct occurred in the 
special maritime and territorial jurisdiction of the United States or 
in a Federal prison.''.

SEC. 213. INADMISSIBILITY OF EVIDENCE TO SHOW PROVOCATION OR INVITATION 
              BY VICTIM IN SEX OFFENSE CASES.

    The Federal Rules of Evidence are amended by adding after Rule 415 
(as added by section 421 of this Act) the following:
``Rule 416. Inadmissibility of evidence to show invitation or 
              provocation by victim in sexual abuse cases
    ``In a criminal case in which a person is accused of an offense 
involving conduct proscribed by chapter 109A of title 18, United States 
Code, whether or not the conduct occurred in the special maritime and 
territorial jurisdiction of the United States or in a Federal prison, 
evidence is not admissible to show that the alleged victim invited or 
provoked the commission of the offense. This Rule does not limit the 
admission of evidence of consent by the alleged victim if the issue of 
consent is relevant to liability and the evidence is otherwise 
admissible under these Rules.''.

SEC. 214. ADMISSIBILITY OF CERTAIN EVIDENCE.

    (a) In General.--Chapter 223 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3510. Admissibility of evidence obtained by search or seizure
    ``(a) Evidence Obtained by Objectively Reasonable Search or 
Seizure.--Evidence which is obtained as a result of a search or seizure 
shall not be excluded in a proceeding in a court of the United States 
on the ground that the search or seizure was in violation of the fourth 
amendment to the Constitution of the United States, if the search or 
seizure was carried out in circumstances justifying an objectively 
reasonable belief that it was in conformity with the fourth amendment. 
The fact that evidence was obtained pursuant to and within the scope of 
a warrant constitutes prima facie evidence of the existence of such 
circumstances.
    ``(b) Evidence Not Excludable by Statute or Rule.--Evidence shall 
not be excluded in a proceeding in a court of the United States on the 
ground that it was obtained in violation of a statute, an 
administrative rule or regulation, or a rule of procedure unless 
exclusion is expressly authorized by statute or by a rule prescribed by 
the Supreme Court pursuant to statutory authority.
    ``(c) Rule of Construction.--This section shall not be construed to 
require or authorize the exclusion of evidence in any proceeding.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 223 of title 18, United States Code, is amended by adding at 
the end the following:

``3510. Admissibility of evidence obtained by search or seizure.''.

SEC. 215. GENERAL SAFEGUARDS AGAINST RACIAL PREJUDICE OR BIAS IN THE 
              TRIBUNAL.

    In a criminal trial in a court of the United States, or of any 
State--
            (1) on motion of the defense attorney or prosecutor, the 
        risk of racial prejudice or bias shall be examined on voir dire 
        if there is a substantial likelihood in the circumstances of 
        the case that such prejudice or bias will affect the jury 
        either against or in favor of the defendant;
            (2) on motion of the defense attorney or prosecutor, a 
        change of venue shall be granted if an impartial jury cannot be 
        obtained in the original venue because of racial prejudice or 
        bias; and
            (3) neither the prosecutor nor the defense attorney shall 
        make any appeal to racial prejudice or bias in statements 
        before the jury.

SEC. 216 PROTECTION OF JURORS AND WITNESSES IN CAPITAL CASES.

    Section 3432 of title 18, United States Code, is amended by 
inserting before the period the following: ``, except that such list of 
the veniremen and witnesses need not be furnished if the court finds by 
a preponderance of the evidence that providing the list may jeopardize 
the life or safety of any person''.

SEC. 217. PROTECTION OF COURT OFFICERS AND JURORS.

    Section 1503 of title 18, United States Code, is amended--
            (1) by designating the current text as subsection (a);
            (2) by striking ``fined not more than $5,000 or imprisoned 
        not more than five years, or both.'' and inserting ``punished 
        as provided in subsection (b).'';
            (3) by adding at the end the following:
    ``(b) The punishment for an offense under this section is--
            ``(1) in the case of a killing, the punishment provided in 
        sections 1111 and 1112 of this title;
            ``(2) in the case of an attempted killing, or a case in 
        which the offense was committed against a petit juror and in 
        which a class A or B felony was charged, imprisonment for not 
        more than twenty years; and
            ``(3) in any other case, imprisonment for not more than ten 
        years.''; and
            (4) in subsection (a), as designated by this section, by 
        striking ``commissioner'' each place it appears and inserting 
        ``magistrate judge''.

SEC. 218. DEATH PENALTY FOR MURDER OF FEDERAL WITNESSES.

    Section 1512(a)(2)(A) of title 18, United States Code, is amended 
to read as follows:
            ``(A) in the case of murder as defined in section 1111 of 
        this title, the death penalty or imprisonment for life, and in 
        the case of any other killing, the punishment provided in 
        section 1112 of this title;''.

SEC. 219. AMENDMENT OF RESTITUTION PROVISIONS.

    (a) Order of Restitution.--Section 3663 of title 18, United States 
Code, is amended--
            (1) in subsection (a) by--
                    (A) striking ``(a) The court'' and inserting 
                ``(a)(1) The court'';
                    (B) striking ``may order'' and inserting ``shall 
                order''; and
                    (C) adding at the end thereof the following new 
                paragraph:
    ``(4) In addition to ordering restitution of the victim of the 
offense of which a defendant is convicted, a court may order 
restitution of any person who, as shown by a preponderance of evidence, 
was harmed physically, emotionally, or pecuniarily, by unlawful conduct 
of the defendant during--
            ``(A) the criminal episode during which the offense 
        occurred; or
            ``(B) the course of a scheme, conspiracy, or pattern of 
        unlawful activity related to the offense.'';
            (2) in subsection (b)(1)(A) by striking ``impractical'' and 
        inserting ``impracticable'';
            (3) in subsection (b)(2) by inserting ``emotional or'' 
        after ``resulting in'';
            (4) in subsection (c) by striking ``If the Court decides to 
        order restitution under this section, the'' and inserting 
        ``The'';
            (5) by striking subsections (d), (e), (f), (g), and (h); 
        and
            (6) by adding at the end thereof the following new 
        subsections:
    ``(d)(1) The court shall order restitution to a victim in the full 
amount of the victim's losses as determined by the court and without 
consideration of--
            ``(A) the economic circumstances of the offender; or
            ``(B) the fact that a victim has received or is entitled to 
        receive compensation with respect to a loss from insurance or 
        any other source.
    ``(2) Upon determination of the amount of restitution owed to each 
victim, the court shall specify in the restitution order the manner in 
which and the schedule according to which the restitution is to be 
paid, in consideration of--
            ``(A) the financial resources and other assets of the 
        offender;
            ``(B) projected earnings and other income of the offender; 
        and
            ``(C) any financial obligations of the offender, including 
        obligations to dependents.
    ``(3) A restoration order may direct the offender to make a single, 
lump-sum payment, partial payment at specified intervals, or such in-
kind payments as may be agreeable to the victim and the offender.
    ``(4) An in-kind payment described in paragraph (3) may be in the 
form of--
            ``(A) return of property;
            ``(B) replacement of property; or
            ``(C) services rendered to the victim or to a person or 
        organization other than the victim.
    ``(e) When the court finds that more than 1 offender has 
contributed to the loss of a victim, the court may make each offender 
liable for payment of the full amount of restitution or may apportion 
liability among the offenders to reflect the level of contribution and 
economic circumstances of each offender.
    ``(f) When the court finds that more than 1 victim has sustained a 
loss requiring restitution by an offender, the court shall order full 
restitution of each victim but may provide for different payment 
schedules to reflect the economic circumstances of each victim.
    ``(g)(1) If the victim has received or is entitled to receive 
compensation with respect to a loss from insurance or any other source, 
the court shall order that restitution be paid to the person who 
provided or is obligated to provide the compensation, but the 
restitution order shall provide that all restitution of victims 
required by the order be paid to the victims before any restitution is 
paid to such a provider of compensation.
    ``(2) The issuance of a restitution order shall not affect the 
entitlement of a victim to receive compensation with respect to a loss 
from insurance or any other source until the payments actually received 
by the victim under the restitution order fully compensate the victim 
for the loss, at which time a person that has provided compensation to 
the victim shall be entitled to receive any payments remaining to be 
paid under the restitution order.
    ``(3) Any amount paid to a victim under an order of restitution 
shall be set off against any amount later recovered as compensatory 
damages by the victim in--
            ``(A) any Federal civil proceeding; and
            ``(B) any State civil proceeding, to the extent provided by 
        the law of the State.
    ``(h) A restitution order shall provide that--
            ``(1) all fines, penalties, costs, restitution payments and 
        other forms of transfers of money or property made pursuant to 
        the sentence of the court shall be made by the offender to the 
        clerk of the court for accounting and payment by the clerk in 
        accordance with this subsection;
            ``(2) the clerk of the court shall--
                    ``(A) log all transfers in a manner that tracks the 
                offender's obligations and the current status in 
                meeting those obligations, unless, after efforts have 
                been made to enforce the restitution order and it 
                appears that compliance cannot be obtained, the court 
                determines that continued recordkeeping under this 
                subparagraph would not be useful;
                    ``(B) notify the court and the interested parties 
                when an offender is 90 days in arrears in meeting those 
                obligations; and
                    ``(C) disburse money received from an offender so 
                that each of the following obligations is paid in full 
                in the following sequence:
                            ``(i) a penalty assessment under section 
                        3013 of title 18, United States Code;
                            ``(ii) restitution of all victims; and
                            ``(iii) all other fines, penalties, costs, 
                        and other payments required under the sentence; 
                        and
            ``(3) the offender shall advise the clerk of the court of 
        any change in the offender's address during the term of the 
        restitution order.
    ``(i) A restitution order shall constitute a lien against all 
property of the offender and may be recorded in any Federal or State 
office for the recording of liens against real or personal property.
    ``(j) Compliance with the schedule of payment and other terms of a 
restitution order shall be a condition of any probation, parole, or 
other form of release of an offender. If a defendant fails to comply 
with a restitution order, the court may revoke probation or a term of 
supervised release, modify the term or conditions of probation or a 
term of supervised release, hold the defendant in contempt of court, 
enter a restraining order or injunction, order the sale of property of 
the defendant, accept a performance bond, or take any other action 
necessary to obtain compliance with the restitution order. In 
determining what action to take, the court shall consider the 
defendant's employment status, earning ability, financial resources, 
the willfulness in failing to comply with the restitution order, and 
any other circumstances that may have a bearing on the defendant's 
ability to comply with the restitution order.
    ``(k) An order of restitution may be enforced--
            ``(1) by the United States--
                    ``(A) in the manner provided for the collection and 
                payment of fines in subchapter (B) of chapter 229 of 
                this title; or
                    ``(B) in the same manner as a judgment in a civil 
                action; and
            ``(2) by a victim named in the order to receive the 
        restitution, in the same manner as a judgment in a civil 
        action.
    ``(l) A victim or the offender may petition the court at any time 
to modify a restitution order as appropriate in view of a change in the 
economic circumstances of the offender.''.
    (b) Procedure for Issuing Order of Restitution.--Section 3664 of 
title 18, United States Code, is amended--
            (1) by striking subsection (a);
            (2) by redesignating subsections (b), (c), (d), and (e) as 
        subsections (a), (b), (c), and (d);
            (3) by amending subsection (a), as redesignated by 
        paragraph (2), to read as follows:
    ``(a) The court may order the probation service of the court to 
obtain information pertaining to the amount of loss sustained by any 
victim as a result of the offense, the financial resources of the 
defendant, the financial needs and earning ability of the defendant and 
the defendant's dependents, and such other factors as the court deems 
appropriate. The probation service of the court shall include the 
information collected in the report of presentence investigation or in 
a separate report, as the court directs.''; and
            (4) by adding at the end thereof the following new 
        subsection:
    ``(e) The court may refer any issue arising in connection with a 
proposed order of restitution to a magistrate or special master for 
proposed findings of fact and recommendations as to disposition, 
subject to a de novo determination of the issue by the court.''.

             TITLE III--PROTECTING FAMILIES AND COMMUNITIES

                     Subtitle A--Safe Neighborhoods

SEC. 301. INCREASED PENALTIES FOR DRUG TRAFFICKING NEAR SCHOOLS.

    Section 419 of the Controlled Substances Act (21 U.S.C. 860) is 
amended--
            (1) in subsection (a) by striking ``one year'' and 
        inserting ``3 years''; and
            (2) in subsection (b) by striking ``three years'' each 
        place it appears and inserting ``5 years''.

SEC. 302. FEDERAL SAFE SCHOOL DISTRICTS.

    (a) Election To Qualify.--
            (1) In general.--By decision of a local educational agency 
        or by referendum of the voters in a school district served by a 
        local educational agency, a school district may elect to 
        qualify as a Federal safe school district under this section.
            (2) Definition.--For purposes of this section, the term 
        ``local educational agency'' shall have the meaning given such 
        term in section 1471(12) of the Elementary and Secondary 
        Education Act of 1965.
    (b) Funding for Enhanced School Security.--
            (1) In general.--The Attorney General may make a grant to a 
        local educational agency serving a Federal safe school district 
        or to a local law enforcement agency with jurisdiction over the 
        school district, as appropriate, to pay for enhanced school 
        security measures.
            (2) Enhanced school security measures.--The measures that 
        may be funded by a grant under paragraph (1) include--
                    (A) equipping schools with metal detectors, fences, 
                closed circuit cameras, and other physical security 
                measures;
                    (B) providing increased police patrols in and 
                around schools, including police hired pursuant to this 
                title;
                    (C) mailings to parents at the beginning of the 
                school year stating that the possession of a gun or 
                other weapon in school will not be tolerated by school 
                authorities;
                    (D) signs on each school indicating that the school 
                is part of a Federal Safe School District; and
                    (E) gun hotlines.

SEC. 303. ENHANCED LOCAL LAW ENFORCEMENT.

    (a) In General.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended--
            (1) by redesignating part Q as part R;
            (2) by redesignating section 1701 as section 1801; and
            (3) by inserting after part P the following:

                  ``PART Q--COPS ON THE STREET GRANTS

``SEC. 1701. GRANT AUTHORIZATION.

    ``The Director of the Bureau of Justice Assistance may make not 
less than 50, but not more than 100 grants to units of local government 
for the purposes of increasing police presence in the community.

``SEC. 1702. APPLICATION.

    ``(a) In General.--To be eligible to receive a grant under this 
part, a chief executive of a unit of local government, shall submit an 
application to the Director. The application shall contain the 
information required under subsection (b) and be in such form and 
contain such other information as the Director may reasonably require.
    ``(b) General Contents.--Each application under subsection (a) 
shall include a crime reduction plan which includes--
            ``(1) a request for funds available under this part for the 
        purposes described in section 1701;
            ``(2) a description of the areas and populations to be 
        served by the grant and a description of the crime problems 
        within the areas targeted for assistance;
            ``(3) information required to be considered by the Director 
        under section 1704;
            ``(4) assurances that Federal funds received under this 
        part shall be used to supplement, not supplant, non-Federal 
        funds that would otherwise be available for activities funded 
        under this part;
            ``(5) detailed accounts of expenditures for law enforcement 
        for the preceding 5-year period prior to receiving a grant 
        under this part;
            ``(6) detailed accounts of local expenditures for law 
        enforcement during any prior years in which grants were 
        received under this part;
            ``(7) a description of how a portion of the grant would be 
        used to ensure the safety of public and private elementary and 
        secondary schools; and
            ``(8) an evaluation component, including performance 
        standards and quantifiable goals to be used to determine 
        project progress and the data to be collected to measure 
        progress toward meeting the plan's goals.

``SEC. 1703. ADMINISTRATIVE COSTS; GRANT RENEWAL.

    ``(a) Administrative Cost Limitation.--The Director shall use not 
more than 5 percent of the funds available under this part for the 
purposes of administration, technical assistance, and evaluation.
    ``(b) Renewal of Grants.--A grant under this part may be renewed, 
subject to the availability of funds, if the Director determines that 
the funds made available to the recipient during the previous year were 
used in a manner required under the approved application and the 
requirements of this part.

``SEC. 1704. SELECTION OF RECIPIENTS.

    ``In awarding grants to units of local government under this part, 
the Director shall consider--
            ``(1) the crime rate per capita in the unit of local 
        government for violent crime, including murder, rape, robbery, 
        assault with a weapon, and kidnapping; and
            ``(2) the rate of increase of violent crime in such unit of 
        local government over the most recent 3-year period for which 
        statistics are available.

``SEC. 1705. REPORTS.

    ``(a) Report to Director.--Recipients who receive funds under this 
part shall submit to the Director not later than March 1 of each year a 
report that describes progress achieved in carrying out the plan 
required under section 1702(b).
    ``(b) Report to Congress.--The Director shall submit to the 
Congress a report by October 1 of each year that shall contain a 
detailed statement regarding grant awards, activities of grant 
recipients, and an evaluation of projects established under this part.

``SEC. 1706. DEFINITION.

    ``For the purposes of this part, the term `Director' means the 
Director of the Bureau of Justice Assistance.''.
    (b) Conforming Amendment.--The table of contents of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et 
seq.) is amended by striking the matter relating to part Q and 
inserting 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.''.

SEC. 304. AUTHORIZATION OF APPROPRIATIONS.

    Section 1001(a) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3793) is amended by adding at the end 
the following:
    ``(12) There are authorized to be appropriated $330,000,000 for 
each of the fiscal years 1994 through 1998 to carry out the projects 
under part Q.''.

SEC. 305. COMMUNITY POLICING GRANTS.

    (a) In General.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 
112(a), is amended--
            (1) by redesignating part R as part S;
            (2) by redesignating section 1801 as section 1901; and
            (3) by inserting after part Q the following new part:

                  ``PART R--COMMUNITY POLICING GRANTS

``SEC. 1801. GRANT AUTHORIZATION.

    ``(a) Grant Projects.--The Director of the Bureau of Justice 
Assistance may make grants to units of local government and to 
community groups to establish or expand cooperative efforts between 
police and a community for the purposes of increasing police presence 
in the community, including--
            ``(1) developing innovative neighborhood-oriented policing 
        programs;
            ``(2) providing new technologies to reduce the amount of 
        time officers spend processing cases instead of patrolling the 
        community;
            ``(3) purchasing equipment to improve communications 
        between officers and the community and to improve the 
        collection, analysis, and use of information about crime-
        related community problems;
            ``(4) developing policies that reorient police emphasis 
        from reacting to crime to preventing crime;
            ``(5) creating decentralized police substations throughout 
        the community to encourage interaction and cooperation between 
        the public and law enforcement personnel on a local level;
            ``(6) providing training and problem solving for community 
        crime problems;
            ``(7) providing training in cultural differences for law 
        enforcement officials;
            ``(8) developing community-based crime prevention programs, 
        such as safety programs for senior citizens, community 
        anticrime groups, and other anticrime awareness programs;
            ``(9) developing crime prevention programs in communities 
        that have experienced a recent increase in gang-related 
        violence; and
            ``(10) developing projects following the model under 
        subsection (b).
    ``(b) Model Project.--The Director shall develop a written model 
that informs community members regarding--
            ``(1) how to identify the existence of a drug or gang 
        house;
            ``(2) what civil remedies, such as public nuisance 
        violations and civil suits in small claims court, are 
        available; and
            ``(3) what mediation techniques are available between 
        community members and individuals who have established a drug 
        or gang house in the community.

``SEC. 1802. APPLICATION.

    ``(a) In General.--(1) To be eligible to receive a grant under this 
part, a chief executive of a unit of local government, a duly 
authorized representative of a combination of local governments within 
a geographic region, or a community group shall submit an application 
to the Director in such form and containing such information as the 
Director may reasonably require.
    ``(2) In an application under paragraph (1), a single office, or 
agency (public, private, or nonprofit) shall be designated as 
responsible for the coordination, implementation, administration, 
accounting, and evaluation of services described in the application.
    ``(b) General Contents.--Each application under subsection (a) 
shall include--
            ``(1) a request for funds available under this part for the 
        purposes described in section 1801;
            ``(2) a description of the areas and populations to be 
        served by the grant; and
            ``(3) assurances that Federal funds received under this 
        part shall be used to supplement, not supplant, non-Federal 
        funds that would otherwise be available for activities funded 
        under this part.
    ``(c) Comprehensive Plan.--Each application shall include a 
comprehensive plan that contains--
            ``(1) a description of the crime problems within the areas 
        targeted for assistance;
            ``(2) a description of the projects to be developed;
            ``(3) a description of the resources available in the 
        community to implement the plan together with a description of 
        the gaps in the plan that cannot be filled with existing 
        resources;
            ``(4) an explanation of how the requested grant shall be 
        used to fill those gaps;
            ``(5) a description of the system the applicant shall 
        establish to prevent and reduce crime problems; and
            ``(6) an evaluation component, including performance 
        standards and quantifiable goals the applicant shall use to 
        determine project progress, and the data the applicant shall 
        collect to measure progress toward meeting project goals.

``SEC. 1803. ALLOCATION OF FUNDS; LIMITATIONS ON GRANTS.

    ``(a) Allocation.--The Director shall allocate not less than 75 
percent of the funds available under this part to units of local 
government or combinations of such units and not more than 20 percent 
of the funds available under this part to community groups.
    ``(b) Administrative Cost Limitation.--The Director shall use not 
more than 5 percent of the funds available under this part for the 
purposes of administration, technical assistance, and evaluation.
    ``(c) Renewal of Grants.--A grant under this part may be renewed, 
subject to the availability of funds, if the Director determines that 
the funds made available to the recipient during the previous year were 
used in a manner required under the approved application and if the 
recipient can demonstrate significant progress toward achieving the 
goals of the plan required under section 1802(c).
    ``(d) Federal Share.--The Federal share of a grant made under this 
part may not exceed 75 percent of the total costs of the projects 
described in the application submitted under section 1802 for the 
fiscal year for which the projects receive assistance under this part.

``SEC. 1804. AWARD OF GRANTS.

    ``(a) Selection of Recipients.--The Director shall consider the 
following factors in awarding grants to units of local government or 
combinations of such units under this part:
            ``(1) Need and ability.--Demonstrated need and evidence of 
        the ability to provide the services described in the plan 
        required under section 1802(c).
            ``(2) Community-wide response.--Evidence of the ability to 
        coordinate community-wide response to crime.
            ``(3) Maintain program.--The ability to maintain a program 
        to control and prevent crime after funding under this part is 
        no longer available.
    ``(b) Geographic Distribution.--The Director shall attempt to 
achieve, to the extent practicable, an equitable geographic 
distribution of grant awards.

``SEC. 1805. REPORTS.

    ``(a) Report to Director.--Recipients who receive funds under this 
part shall submit to the Director not later than March 1 of each year a 
report that describes progress achieved in carrying out the plan 
required under section 1802(c).
    ``(b) Report to Congress.--The Director shall submit to the 
Congress a report by October 1 of each year containing--
            ``(1) a detailed statement regarding grant awards and 
        activities of grant recipients; and
            ``(2) an evaluation of projects established under this 
        part.

``SEC. 1806. DEFINITIONS.

    ``In this part--
            ```community group' means a community-based nonprofit 
        organization that has a primary purpose of crime prevention.
            ```Director' means the Director of the Bureau of Justice 
        Assistance.''.
    (b) Technical Amendment.--The table of contents of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et 
seq.), as amended by section 112(b), is amended by striking the matter 
relating 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.''.
    (c) Authorization of Appropriations.--Section 1001(a) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3793(a)), as amended by section 112(c), is amended--
            (1) in paragraph (3) by striking ``and Q'' and inserting 
        ``Q and R''; and
            (2) by adding at the end the following new paragraph:
    ``(13) There are authorized to be appropriated $70,000,000 for each 
of the fiscal years 1994 through 1998.''.

SEC. 306. ADDITION OF ANTI-GANG BYRNE GRANT FUNDING OBJECTIVE.

    Section 501(b) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3751) is amended--
            (1) in paragraph (20) by striking ``and'' at the end;
            (2) in paragraph (21) by striking the period and inserting 
        ``; and''; and
            (3) by inserting after paragraph (21) the following new 
        paragraph:
            ``(22) law enforcement and prevention programs relating to 
        gangs, or to youth who are involved or at risk of involvement 
        in gangs.''.

SEC. 307. INCREASED PENALTIES FOR DRUG TRAFFICKING NEAR PUBLIC HOUSING.

    Section 419 of the Controlled Substances Act (21 U.S.C. 860) is 
amended--
            (1) in subsection (a) by striking ``playground, or within'' 
        and inserting ``playground, or housing facility owned by a 
        public housing authority, or within''; and
            (2) in subsection (b) by striking ``playground, or within'' 
        and inserting ``playground, or housing facility owned by a 
        public housing authority, or within''.

                  Subtitle B--Crimes Against Children

SEC. 311. DEATH PENALTY FOR MURDER DURING THE SEXUAL EXPLOITATION OF 
              CHILDREN.

    Section 2251(d) of title 18, United States Code, is amended by 
adding at the end the following: ``Whoever, in the course of an offense 
under this section, engages in conduct that results in the death of a 
person, shall be punished by death or imprisoned for any term of years 
or for life.''.

SEC. 312. INCREASED PENALTIES FOR SEX OFFENSES AGAINST VICTIMS BELOW 
              THE AGE OF 16.

    Paragraph (2) of section 2247 of title 18, United States Code, as 
so redesignated by section 403(a) is amended--
            (1) in subparagraph (B) by striking ``or'' after the 
        semicolon;
            (2) in subparagraph (C) by striking ``; and'' and inserting 
        ``; or''; and
            (3) by inserting a new subparagraph (D) as follows:
            ``(D) the intentional touching, not through the clothing, 
        of the genitalia of another person who has not attained the age 
        of 16 years with an intent to abuse, humiliate, harass, 
        degrade, or arouse or gratify the sexual desire of any 
        person;''.

SEC. 313. PENALTIES FOR INTERNATIONAL TRAFFICKING IN CHILD PORNOGRAPHY.

    (a) Import Related Offense.--Chapter 110 of title 18, United States 
Code, is amended by adding at the end the following:
``Sec. 2258. Production of sexually explicit depictions of a minor for 
              importation into the United States
    ``(a) Any person who, outside the United States, employs, uses, 
persuades, induces, entices, or coerces any minor to engage in, or who 
has a minor assist any other person to engage in, or who transports any 
minor with the intent that such minor engage in any sexually explicit 
conduct for the purpose of producing any visual depiction of such 
conduct, shall be punished as provided under subsection (c), if such 
person intends, knows, or has reason to know that such visual depiction 
will be imported into the United States or into waters within a 
distance of 12 miles of the coast of the United States.
    ``(b) Whoever, outside the United States, knowingly receives, 
transports, ships, distributes, sells, or possesses with intent to 
transport, ship, sell, or distribute any visual depiction of a minor 
engaging in sexually explicit conduct if the production of such visual 
depiction involved the use of a minor engaging in sexually explicit 
conduct, shall be published as provided under subsection (c), if such 
person intends, knows, or has reason to know that such visual depiction 
will be imported into the United States or into waters within a 
distance of 12 miles of the coast of the United States.
    ``(c) Any individual who violates this section, or conspires or 
attempts to do so, shall be fined under this title, or imprisoned not 
more than 10 years, or both, but, if such individual has a prior 
conviction under this chapter or chapter 109A of this title, such 
individual shall be fined according to the provisions of this title, or 
imprisoned not less than five years nor more than 15 years, or both.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 110 of title 18, United States 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.''.
    (c) Technical Amendment.--Section 2251(d) of title 18, United 
States Code, is amended--
            (1) by striking ``not more than $100,000'' and inserting 
        ``under this title'';
            (2) by striking ``not more than $200,000'' and inserting 
        ``under this title''; and
            (3) by striking ``not more than $250,000'' and inserting 
        ``under this title''.
    (d) Section 2251 Penalty Enhancement.--Section 2251(d) of title 18, 
United States Code, is amended by striking ``this section'' the second 
place it appears and inserting ``this chapter or chapter 109A of this 
title''.
    (e) Section 2252 Penalty Enhancement.--Section 2252(b)(1) of title 
18, United States Code, is amended by striking ``this section'' and 
inserting ``this chapter or chapter 109A of this title''.
    (f) Conspiracy and Attempt.--Sections 2251(d) and 2252(b) of title 
18, United States Code, are each amended by inserting ``, or attempts 
or conspires to do so,'' after ``violates'' each place it appears.
    (g) RICO Amendment.--Section 1961(l) of title 18, United States 
Code, is amended by striking ``2251-2252'' and inserting ``2251, 2252, 
or 2258''.
    (h) Transportation of Minors.--Section 2423 of title 18, United 
States Code, is amended--
            (1) by inserting ``(a)'' before ``Whoever''; and
            (2) by adding at the end the following:
    ``(b) Whoever travels in interstate or foreign commerce, or 
conspires to do so, for the purpose of engaging in any sexual act (as 
the term `sexual act' is defined in section 2245 of this title) with a 
person under 18 years of age which would be in violation of chapter 
109A of this title if such sexual act occurred in the special maritime 
and territorial jurisdiction of the United States.''

SEC. 314. INCREASED PENALTIES FOR ASSAULTS AGAINST CHILDREN.

    (a) Simple Assault.--Section 113(e) of title 18, United States 
Code, is amended by striking ``by fine'' and all that follows through 
the period and inserting ``--
            ``(A) if the victim of the assault is an individual who has 
        not attained the age of 16 years, by a fine under this title or 
        imprisonment for not more than one year, or both; and
            ``(B) by a fine under this title or imprisonment for not 
        more than three months, or both, in any other case.''.
    (b) Assaults Resulting in Substantial Bodily Injury.--Section 113 
of title 18, United States Code, is amended by adding at the end the 
following:
            ``(7) Assault resulting in substantial bodily injury to an 
        individual who has not attained the age of 16 years, by a fine 
        under this title or imprisonment for not more than 5 years, or 
        both.''.
    (c) Technical and Stylistic Changes to Section 113.--Section 113 of 
title 18, United States Code, is amended--
            (1) in paragraph (b), by striking ``of not more than 
        $3,000'' and inserting ``under this title'';
            (2) in paragraph (c), by striking ``of not more than 
        $1,000'' and inserting ``under this title'';
            (3) in paragraph (d), by striking ``of not more than $500'' 
        and inserting ``under this title'';
            (4) in paragraph (e), by striking ``of not more than $300'' 
        and inserting ``under this title'';
            (5) by modifying the left margin of each of paragraphs (a) 
        through (f) so that they are indented 2 ems;
            (6) by redesignating paragraphs (a) through (f) as 
        paragraphs (1) through (6); and
            (7) by inserting ``(a)'' before ``Whoever''.
    (d) Definitions.--Section 113 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(b) As used in this subsection--
            ``(1) the term `substantial bodily injury' means bodily 
        injury which involves--
                    ``(A) a temporary but substantial disfigurement; or
                    ``(B) a temporary but substantial loss or 
                impairment of the function of any bodily member, organ, 
                or mental faculty; and
            ``(2) the term `serious bodily injury' has the meaning 
        given that term in section 1365 of this title.''.
    (e) Assaults in Indian Country.--Section 1153(a) of title 18, 
United States Code, is amended by inserting ``(as defined in section 
1365 of this title), an assault against an individual who has not 
attained the age of 16 years'' after ``serious bodily injury''.

SEC. 315. INCREASED PENALTIES FOR DRUG DISTRIBUTION TO PREGNANT WOMEN.

    The United States Sentencing Commission shall amend the sentencing 
guidelines to increase by at least 4 levels the base offense level for 
an offense under section 2241 (relating to aggravated sexual abuse) or 
section 2242 (relating to sexual abuse) of title 18, United States 
Code, and shall consider whether any other changes are warranted in the 
guidelines provisions applicable to such offenses to ensure realization 
of the objectives of sentencing. In amending the guidelines in 
conformity with this section, the Sentencing Commission shall review 
the appropriateness and adequacy of existing offense characteristics 
and adjustments applicable to such offenses, taking into account the 
heinousness of sexual abuse offenses, the severity and duration of the 
harm caused to victims, and any other relevant factors. In any 
subsequent amendment to the sentencing guidelines, the Sentencing 
Commission shall maintain minimum guidelines sentences for the offenses 
referenced in this section which are at least equal to those required 
by this section.

SEC. 316. INTERSTATE ENFORCEMENT OF CHILD SUPPORT ORDERS.

    (a) Title 28 Amendment.--Chapter 115 of title 28, United States 
Code, is amended by inserting after section 1738A the following new 
section:
``Sec. 1738B. Full faith and credit given to child support orders
    ``(a) General Rule.--The appropriate authorities of each State 
shall enforce according to its terms, and shall not modify except as 
provided in subsection (e), any child support order made consistently 
with the provisions of this section by a court of another State.
    ``(b) Definitions.--As used in this section, the term--
            ``(1) `child' means any person under 18 years of age, and 
        includes an individual 18 or more years of age for whom a child 
        support order has been issued pursuant to the laws of a State;
            ``(2) `child's State' means the State in which a child 
        currently resides;
            ``(3) `child support order' means a judgment, decree, or 
        order of a court requiring the payment of money, or the 
        provision of a benefit, including health insurance, whether in 
        periodic amounts or lump sum, for the support of a child and 
        includes permanent and temporary orders, initial orders and 
        modifications, ongoing support, and arrearages;
            ``(4) `child support' means a payment of money or provision 
        of a benefit described in paragraph (3) for the support of a 
        child;
            ``(5) `contestant' means a person, including a parent, who 
        claims a right to receive child support or against whom a right 
        to receive child support is claimed or asserted, and includes 
        States and political subdivisions to whom the right to obtain a 
        child support order has been assigned;
            ``(6) `court' means a court, administrative process, or 
        quasi-judicial process of a State which is authorized by State 
        law to establish the amount of child support payable by a 
        contestant or modify the amount of child support payable by a 
        contestant;
            ``(7) `modification' and `modify' refer to a change in a 
        child support order which affects the amount, scope, or 
        duration of such order and modifies, replaces, supersedes, or 
        otherwise is made subsequent to such child support order, 
        whether or not made by the same court as such child support 
        order; and
            ``(8) `State' means a State of the United States, the 
        District of Columbia, the Commonwealth of Puerto Rico, the 
        territories and possessions of the United States, and Indian 
        country as defined in section 1151 of title 18.
    ``(c) Requirements of Child Support Orders.--A child support order 
made by a court of a State is consistent with the provisions of this 
section only if--
            ``(1) such court, pursuant to the laws of the State in 
        which such court is located, had jurisdiction to hear the 
        matter and enter such an order and had personal jurisdiction 
        over the contestants; and
            ``(2) reasonable notice and opportunity to be heard was 
        given to the contestants.
    ``(d) Continuing Jurisdiction.--A court of a State which has made a 
child support order consistently with the provisions of this section 
has continuing, exclusive jurisdiction of that order when such State is 
the child's State or the residence of any contestant unless another 
State, acting in accordance with subsection (e), has modified that 
order.
    ``(e) Authority To Modify Orders.--A court of a State may modify a 
child support order with respect to a child that is made by a court of 
another State, if--
            ``(1) it has jurisdiction to make such a child support 
        order; and
            ``(2) the court of the other State no longer has 
        continuing, exclusive jurisdiction of the child support order 
        because such State no longer is the child's State or the 
        residence of any contestant, or each contestant has filed 
        written consent for the State to modify the order and assume 
        continuing, exclusive jurisdiction of such order.
    ``(f) Enforcement of Prior Orders.--A court of a State which no 
longer has continuing, exclusive jurisdiction of a child support order 
may enforce such order with respect to unsatisfied obligations which 
accrued before the date on which a modification of such order is made 
under subsection (e).''.
    (b) Conforming Amendment.--The table of sections at the beginning 
of chapter 115 of title 28, United States Code, is amended by inserting 
after the item relating to section 1738A the following:

``1738B. Full faith and credit given to child support orders.''.

SEC. 317. INCREASED PENALTIES FOR USING MINORS IN DRUG TRAFFICKING AND 
              DRUG DISTRIBUTION TO MINORS.

    (a) Drug Distribution to Minor by Recidivist.--Section 418(b) of 
the Controlled Substances Act (21 U.S.C. 859(b)) is amended by striking 
``one year'' and inserting ``3 years''.
    (b) Use of Minor in Trafficking by Recidivist.--Section 420(c) of 
the Controlled Substances Act (21 U.S.C. 861(b)) is amended by striking 
``one year'' and inserting ``3 years''.
    (c) Concurrent Violation of Prohibition of Use of Minors and 
Trafficking Near Schools.--Section 419(b) of the Controlled Substances 
Act (21 U.S.C. 860(b)) is amended by inserting ``, or under 
circumstances involving a violation of section 420(a),'' before ``is 
punishable''.

SEC. 318. INCREASED PENALTIES FOR USING A MINOR IN COMMISSION OF A 
              FEDERAL OFFENSE.

    (a) In General.--Chapter 1 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 21. Use of children in Federal offenses
    ``(a) Except as otherwise provided by law, whoever, being at least 
18 years of age, uses a child to commit a Federal offense, or to assist 
in avoiding detection or apprehension for a Federal offense, shall--
            ``(1) after a previous conviction under this subsection has 
        become final, be subject to 3 times the maximum imprisonment 
        and 3 times the maximum fine otherwise provided for the Federal 
        offense in which the child is used; and
            ``(2) in any other case, be subject to 2 times the maximum 
        imprisonment and 2 times the maximum fine for such offense.
    ``(b) As used in this section--
            ``(1) the term `child' means a person who is under 18 years 
        of age; and
            ``(2) the term `uses' means employs, hires, uses, 
        persuades, induces, entices, or coerces.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 1 of title 18, United States Code, is amended by adding at the 
end the following new item:

``21. Use of children in Federal offenses.''.

SEC. 319. INTERNATIONAL PARENTAL KIDNAPPING.

    (a) In General.--Chapter 55 (relating to kidnapping) of title 18, 
United States Code, is amended by adding at the end the following:
``Sec. 1204. International parental kidnapping
    ``(a) Whoever--
            ``(1) removes a child from the United States or retains a 
        child (who has been in the United States) outside the United 
        States--
                    ``(A) in order to obstruct the lawful exercise of 
                parental rights that are established in a court order;
                    ``(B) in order to obstruct the lawful exercise of 
                parental rights by the mother of that child, in the 
                case of a child--
                            ``(i) whose parents have not been married;
                            ``(ii) with regard to whom paternity has 
                        not been judicially established; and
                            ``(iii) whose custody has not been 
                        judicially granted to a person other than the 
                        mother; or
                    ``(C) in order to obstruct the lawful exercise of 
                parental rights during the pendency of judicial 
                proceedings to determine parental rights; or
            ``(2) in any other circumstances removes a child from the 
        United States or retains a child (who has been in the United 
        States) outside the United States, in order to obstruct the 
        lawful exercise of parental rights;
shall be fined under this title or imprisoned not more than 3 years, or 
both.
    ``(b) As used in this section--
            ``(1) the term `child' means a person who has not attained 
        the age of 16 years; and
            ``(2) the term `parental rights', with respect to a child, 
        means the right to physical custody of the child--
                    ``(A) whether joint or sole (and includes visiting 
                rights); and
                    ``(B) whether arising by operation of law, court 
                order, or agreement of the parties.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 55 of title 18, United States Code, is amended by adding at the 
end the following:

``1204. International parental kidnapping.''.

SEC. 320. STATE COURT PROGRAMS REGARDING INTERNATIONAL PARENTAL CHILD 
              ABDUCTION.

    There is authorized to be appropriated $250,000 to carry out under 
the State Justice Institute Act of 1984 (42 U.S.C. 10701-10713) 
national, regional, and in-State training and educational programs 
dealing with criminal and civil aspects of interstate and international 
parental child abduction.

SEC. 321. KIDNAPPING.

    Section 1201(g)(1) of title 18, United States Code, is amended by 
inserting ``to the penalty of death if the death of the victim results 
and, in any other case,'' after ``shall be subject''.

          Subtitle C--Punishment of Serious Juvenile Offenders

SEC. 331. SERIOUS JUVENILE DRUG OFFENSES AS ARMED CAREER CRIMINAL ACT 
              PREDICATES.

    Section 924(e)(2)(A) of title 18, United States Code, is amended--
            (1) by striking ``or'' at the end of clause (i);
            (2) by adding ``or'' at the end of clause (ii); and
            (3) by adding at the end the following:
                            ``(iii) any act of juvenile delinquency 
                        that if committed by an adult would be an 
                        offense described in this subparagraph;''.

SEC. 332. AMENDMENTS CONCERNING RECORDS OF CRIMES COMMITTED BY 
              JUVENILES.

    (a) In General.--Section 5038 of title 18, United States Code, is 
amended by striking subsections (d) and (f), redesignating subsection 
(e) as subsection (d), and by adding at the end new subsections (e) and 
(f) as follows:
    ``(e) Whenever a juvenile has been found guilty of committing an 
act which if committed by an adult would be an offense described in 
clause (3) of the first paragraph of section 5032 of this title, the 
juvenile shall be fingerprinted and photographed, and the fingerprints 
and photograph shall be sent to the Federal Bureau of Investigation, 
Identification Division. The court shall also transmit to the Federal 
Bureau of Investigation, Identification Division, the information 
concerning the adjudication, including name, date of adjudication, 
court, offenses, and sentence, along with the notation that the matter 
was a juvenile adjudication. The fingerprints, photograph, and other 
records and information relating to a juvenile described in this 
subsection, or to a juvenile who is prosecuted as an adult, shall be 
made available in the manner applicable to adult defendants.
    ``(f) In addition to any other authorization under this section for 
the reporting, retention, disclosure, or availability of records or 
information, if the law of the State in which a Federal juvenile 
delinquency proceeding takes place permits or requires the reporting, 
retention, disclosure, or availability of records or information 
relating to a juvenile or to a juvenile delinquency proceeding or 
adjudication in certain circumstances, then such reporting, retention, 
disclosure, or availability is permitted under this section whenever 
the same circumstances exist.''.
    (b) Repeal.--Section 3607 of title 18, United States Code, is 
repealed, and the corresponding item in the chapter analysis for 
chapter 229 of title 18 is deleted.
    (c) Conforming Amendment.--Section 401(b)(4) of the Controlled 
Substances Act (21 U.S.C. 841(b)(4)) is amended by striking ``and 
section 3607 of title 18''.

SEC. 333. PROSECUTION AS ADULTS OF VIOLENT JUVENILE OFFENDERS.

    Section 5032 of title 18, United States Code, is amended by adding 
at the end the following new paragraph:
    ``Notwithstanding any other provision of this section or any other 
law, a juvenile who was 13 years old or older on the date of the 
commission of an offense under section 113 (a), (b), or (c), 1111, 
1113, 2111 or 2113 (if the juvenile was in possession of a firearm 
during the offense), or 2241 (a) or (c) (if the juvenile was in 
possession of a firearm during the offense) of this title shall be 
prosecuted as an adult in Federal court. No juvenile prosecuted as an 
adult under this paragraph shall be incarcerated in an adult prison. If 
a juvenile prosecuted under this paragraph is convicted, the juvenile 
shall be entitled to file a petition for resentencing pursuant to 
applicable sentencing guidelines when he or she reaches the age of 16. 
The United States Sentencing Commission shall promulgate guidelines or 
amend existing guidelines, if necessary, to carry out the purposes of 
this paragraph. For resentencing determinations pursuant to subsection 
(b), the Commission may promulgate guidelines, if necessary, to permit 
sentencing adjustments which may include adjustments which provide for 
supervised releases, for defendants who have clearly demonstrated an 
exceptional degree of responsibility for the offense and a willingness 
and ability to refrain from future criminal conduct.''.

                     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.

    (a) Offense.--Part 1 of title 18, United States Code, is amended by 
inserting after chapter 110 the following:

   ``CHAPTER 110A--DOMESTIC VIOLENCE AND OFFENSES AGAINST THE FAMILY

``Sec.
``2261. Domestic violence and stalking.
``Sec. 2261. Domestic violence and stalking
    ``(a) Offense.--Whoever, in a circumstance described in subsection 
(c), causes or attempts to cause bodily injury to, engages in sexual 
abuse against, or violates a protective order in relation to, another 
shall be punished--
            ``(1) if death results, by death or by imprisonment for any 
        term of years or for life;
            ``(2) if permanent disfigurement or life-threatening bodily 
        injury results, by imprisonment for not more than 20 years;
            ``(3) if serious bodily injury results, or if a firearm, 
        knife, or other dangerous weapon is possessed, carried, or used 
        during the commission of the offense, by imprisonment for not 
        more than 10 years; and
            ``(4) in any other case, by imprisonment for not more than 
        five years.
If, however, the defendant engages in sexual abuse and the penalty 
authorized for such conduct under chapter 109A exceeds the penalty 
which would otherwise be authorized under this subsection, then the 
penalty authorized for such conduct under chapter 109A shall apply.
    ``(b) Mandatory Penalties.--A sentence under this section shall 
include at least 3 months of imprisonment if the offense involves the 
infliction of bodily injury on or the commission of sexual abuse 
against the victim. A sentence under this section shall include at 
least 6 months of imprisonment if the offense involves the violation of 
a protective order and the defendant has previously violated a 
protective order in relation to the same victim.
    ``(c) Required Circumstances.--The circumstance referred to in 
subsection (a) of this section is that the defendant traveled in 
interstate or foreign commerce, or transported or caused another to 
move in interstate or foreign commerce, with the intention of 
committing or in furtherance of committing the offense, and--
            ``(1) the victim was a spouse or former spouse of the 
        defendant, was cohabiting with or had cohabited with the 
        defendant, or had a child in common with the defendant; or
            ``(2) the defendant on two or more occasions--
                    ``(A) has caused or attempted or threatened to 
                cause death or serious bodily injury to or engaged in 
                sexual abuse in relation to the victim; or
                    ``(B) has engaged in any conduct that caused or was 
                intended to cause apprehension by the victim that the 
                victim would be subjected to death, serious bodily 
                injury, or sexual abuse.
    ``(d) Definitions.--As used in this section--
            ``(1) the term `protective order' means an order issued by 
        a court of a State prohibiting or limiting violence against, 
        harassment of, contact or communication with, or physical 
        proximity to another person;
            ``(2) the term `sexual abuse' means any conduct proscribed 
        by chapter 109A of this title, whether or not the conduct 
        occurs in the special maritime and territorial jurisdiction of 
        the United States or in a Federal prison;
            ``(3) the terms `serious bodily injury' and `bodily injury' 
        have the meanings, respectively, given those terms in section 
        1365(g) of this title; and
            ``(4) the term `State' has the meaning given that term in 
        section 513(c)(5) of this title.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
Part 1 of title 18, United States Code, is amended by inserting after 
the item for chapter 110 the following:

``110A. Domestic violence and offenses against the family...    2261''.

SEC. 402. FULL FAITH AND CREDIT FOR PROTECTIVE ORDERS.

    (a) Requirement of Full Faith and Credit.--Chapter 110A of title 
18, United States Code, as enacted by section 141 of this Act, is 
amended by adding at the end the following:
``Sec. 2262. Full faith and credit for protective orders
    ``(a) A protective order issued by a court of a State shall have 
the same full faith and credit in a court in another State that it 
would have in a court of the State in which issued, and shall be 
enforced by the courts of any State as if it were issued in that State.
    ``(b) As used in this section--
            ``(1) the term `protective order' means an order 
        prohibiting or limiting violence against, harassment of, 
        contact or communication with, or physical proximity to another 
        person; and
            ``(2) the term `State' has the meaning given in section 
        513(c)(5) of this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 110A of title 18, United States Code, as enacted by section 141 
of this Act, is amended by inserting at the end the following:

``2262. Full faith and credit for protective orders.''.

                Subtitle B--Sex Offenses and Punishment

SEC. 411. CIVIL REMEDY FOR VICTIMS OF SEXUAL VIOLENCE.

    (a) Cause of Action.--Whoever, in violation of the Constitution or 
laws of the United States, engages in sexual violence against another, 
shall be liable to the injured party in an action under this section. 
The relief available in such an action shall include compensatory and 
punitive damages and any appropriate equitable or declaratory relief.
    (b) Definition.--For purposes of this section, ``sexual violence'' 
means any conduct proscribed by chapter 109A of title 18, United States 
Code, whether or not the conduct occurs in the special maritime and 
territorial jurisdiction of the United States or in a Federal prison.
    (c) Attorney's Fees.--The Civil Rights Attorney's Fees Award Act of 
1976 (42 U.S.C. 1988) is amended by striking ``or'' after ``Public Law 
92-318'' and by inserting after ``1964'' the following: ``, or section 
411 of the Sexual Assault Prevention Act of 1993,''.

SEC. 412. EXTENSION AND STRENGTHENING OF RESTITUTION.

    Section 3663 of title 18, United States Code, is amended--
            (1) in subsection (b), by inserting ``or an offense under 
        chapter 109A, chapter 110, or section 2261 of this title'' 
        after ``an offense resulting in bodily injury to a victim'' in 
        paragraph (2);
            (2) in subsection (b)--
                    (A) by striking ``and'' at the end of paragraph 
                (3);
                    (B) by redesignating paragraph (4) as paragraph 
                (5); and
                    (C) by inserting after paragraph (4) the following:
            ``(4) in any case, reimburse the victim for lost income and 
        necessary child care, transportation, and other expenses 
        related to participation in the investigation or prosecution of 
        the offense or attendance at proceedings related to the 
        offense; and''; and
            (3) in subsection (d), by inserting at the end the 
        following: ``However, the court shall issue an order requiring 
        restitution of the full amount of the victim's losses and 
        expenses for which restitution is authorized under this section 
        in imposing sentence for an offense under chapter 109A, chapter 
        110 or section 2261 of this title, unless the Government and 
        the victim do not request such restitution.''.

SEC. 413. PRE-TRIAL DETENTION IN SEX OFFENSE CASES.

    Section 3156(a)(4) of title 18, United States Code, is amended--
            (1) by striking ``, or'' at the end of subparagraph (A) and 
        inserting a semicolon;
            (2) by striking the period at the end of subparagraph (B) 
        and inserting ``; or''; and
            (3) by adding after subparagraph (B) the following:
            ``(C) any felony under chapter 109A, chapter 110, or 
        section 2261 of this title.''.

SEC. 414. MANDATORY LIFE IMPRISONMENT FOR FORCIBLE RAPE.

    Section 2241(a) of title 18, United States Code, is amended by 
striking ``fined under this title'' and all that follows through ``or 
both.'' and inserting ``imprisoned for life and may be fined under this 
title.''.

SEC. 415. DEATH PENALTY FOR RAPE AND CHILD MOLESTATION MURDERS.

    (a) Offense.--Chapter 109A of title 18, United States Code, is 
amended by redesignating section 2245 as section 2246, and by adding 
the following new section:
``Sec. 2245. Sexual abuse resulting in death
    ``Whoever, in the course of an offense under this chapter, engages 
in conduct that results in the death of a person, shall be punished by 
death or imprisoned for any term of years or for life.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 109A of title 18, United States Code, is amended by striking 
the item for section 2245 and adding the following:

``2245. Sexual abuse resulting in death.
``2246. Definitions for chapter.''.

SEC. 416. INCREASED PENALTIES FOR RECIDIVIST SEX OFFENDERS.

    (a) Redesignation.--Sections 2245 and 2246 of title 18, United 
States Code, as so designated by section 137, are redesignated sections 
2246 and 2247, respectively.
    (b) Penalties for Subsequent Offenses.--Chapter 109A of title 18, 
United States Code, is amended by inserting the following new section 
after section 2244:
``Sec. 2245. Penalties for subsequent offenses
    ``Any person who violates this chapter, after a prior conviction 
under this chapter or the law of a State (as defined in section 513 of 
this title) for conduct proscribed by this chapter has become final, is 
punishable by a term of imprisonment up to twice that otherwise 
authorized.''.
    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 109A of title 18, United States Code, as amended by section 
137, is amended--
            (1) by striking ``2245'' and inserting ``2246'';
            (2) by striking ``2246'' and inserting ``2247''; and
            (3) by inserting after the item relating to section 2244 
        the following:

``2245. Penalties for subsequent offenses.''.

SEC. 417. SENTENCING GUIDELINES INCREASE FOR SEX OFFENSES.

    The United States Sentencing Commission shall amend the sentencing 
guidelines to increase by at least 4 levels the base offense level for 
an offense under section 2241 (relating to aggravated sexual abuse) or 
section 2242 (relating to sexual abuse) of title 18, United States 
Code, and shall consider whether any other changes are warranted in the 
guidelines provisions applicable to such offenses to ensure realization 
of the objectives of sentencing. In amending the guidelines in 
conformity with this section, the Sentencing Commission shall review 
the appropriateness and adequacy of existing offense characteristics 
and adjustments applicable to such offenses, taking into account the 
heinousness of sexual abuse offenses, the severity and duration of the 
harm caused to victims, and any other relevant factors. In any 
subsequent amendment to the sentencing guidelines, the Sentencing 
Commission shall maintain minimum guidelines sentences for the offenses 
referenced in this section which are at least equal to those required 
by this section.

SEC. 418. HIV TESTING AND PENALTY ENHANCEMENT IN SEXUAL OFFENSE CASES.

    (a) In General.--Chapter 109A of title 18, United States Code, is 
amended by adding at the end the following:
``Sec.  2248. Testing for human immunodeficiency virus; disclosure of 
              test results to victim; effect on penalty
    ``(a) Testing at Time of Pre-Trial Release Determination.--In a 
case in which a person is charged with an offense under this chapter, a 
judicial officer issuing an order pursuant to section 3142(a) of this 
title shall include in the order a requirement that a test for the 
human immunodeficiency virus be performed upon the person, and that 
follow-up tests for the virus be performed six months and twelve months 
following the date of the initial test, unless the judicial officer 
determines that the conduct of the person created no risk of 
transmission of the virus to the victim, and so states in the order. 
The order shall direct that the initial test be performed within 24 
hours, or as soon thereafter as feasible. The person shall not be 
released from custody until the test is performed.
    ``(b) Testing at Later Time.--If a person charged with an offense 
under this chapter was not tested for the human immunodeficiency virus 
pursuant to subsection (a), the court may at a later time direct that 
such a test be performed upon the person, and that follow-up tests be 
performed six months and twelve months following the date of the 
initial test, if it appears to the court that the conduct of the person 
may have risked transmission of the virus to the victim. A testing 
requirement under this subsection may be imposed at any time while the 
charge is pending, or following conviction at any time prior to the 
person's completion of service of the sentence.
    ``(c) Termination of Testing Requirement.--A requirement of follow-
up testing imposed under this section shall be canceled if any test is 
positive for the virus or the person obtains an acquittal on, or 
dismissal of, all charges under this chapter.
    ``(d) Disclosure of Test Results.--The results of any test for the 
human immunodeficiency virus performed pursuant to an order under this 
section shall be provided to the judicial officer or court. The 
judicial officer or court shall ensure that the results are disclosed 
to the victim (or to the victim's parent or legal guardian, as 
appropriate), the attorney for the Government, and the person tested.
    ``(e) Effect on Penalty.--The United States Sentencing Commission 
shall amend existing guidelines for sentences for offenses under this 
chapter to enhance the sentence if the offender knew or had reason to 
know that he was infected with the human immunodeficiency virus, except 
where the offender did not engage or attempt to engage in conduct 
creating a risk of transmission of the virus to the victim.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
chapter 109A of title 18, United States Code, is amended by inserting 
at the end the following new item:

``2248. Testing for human immunodeficiency virus; disclosure of test 
                            results to victim; effect on penalty.''.

                    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.

    Section 212(a)(3)(B) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(3)(B)) is amended--
            (1) in clause (i)(II) by inserting ``or'' at the end;
            (2) by adding after clause (i)(II) the following:
                            ``(III) is a member of an organization that 
                        engages in terrorist activity or who actively 
                        supports or advocates terrorist activity,'';
            (3) by adding after clause (iii) the following:
                    ``(iv) Terrorist organization defined.--As used in 
                this Act, the term `terrorist organization' means an 
                organization which commits terrorist activity as 
                determined by the Attorney General, in consultation 
                with the Secretary of State.''.

SEC. 502. ADMISSIONS FRAUD.

    (a) Exclusion for Fraudulent Documents and Failure To Present 
Documents.--Section 212(a)(6)(C) of the Immigration and Nationality Act 
(8 U.S.C. 1182(a)(6)(C)) is amended--
            (1) by striking ``(C) Misrepresentation'' and inserting in 
        lieu thereof the following:
                    ``(C) Fraud, misrepresentation, and failure to 
                present documents'';
            (2) by adding at the end the following new clause:
                            ``(iii) Fraudulent documents and failure to 
                        present documents.--
                                    ``(I) Any alien who, in seeking 
                                entry to the United States or boarding 
                                a common carrier for the purpose of 
                                coming to the United States, presents 
                                any document which, in the 
                                determination of the immigration 
                                officer, is forged, counterfeit, 
                                altered, falsely made, stolen, or 
                                inapplicable to the alien presenting 
                                the document, or otherwise contains a 
                                misrepresentation of a material fact, 
                                is excludable.
                                    ``(II) Any alien who, in boarding a 
                                common carrier for the purpose of 
                                coming to the United States, presents a 
                                document that relates or purports to 
                                relate to the alien's eligibility to 
                                enter the United States, and fails to 
                                present such document to an immigration 
                                officer upon arrival at a port of entry 
                                into the United States, is 
                                excludable.''.
    (b) Availability of Asylum and Other Discretionary Relief.--
            (1) Section 208 of the Immigration and Nationality Act (8 
        U.S.C. 1158) is amended by adding at the end the following new 
        subsection:
    ``(e)(1) Application of Fraud Exclusion.--Notwithstanding 
subsection (a) and except as provided in paragraph (2), any alien who 
is excludable under section 212(a)(6)(C)(iii) or section 
212(a)(7)(A)(i) may not apply for or be granted asylum.
    ``(2) Exception.--The limitation under paragraph (1) shall not 
apply if the action upon which the exclusion is based was pursuant to 
direct departure from a country in which (A) the alien has a credible 
fear of persecution, or (B) there is a significant danger that the 
alien would be returned to a country in which the alien would have a 
credible fear of persecution.
    ``(3) Definition.--As used in this subsection, the term `credible 
fear of persecution' means (A) that it is more probable than not that 
the statements made by the alien in support of his or her claim are 
true, and (B) that there is a significant possibility, in light of such 
statements and of such other facts as are known to the officer about 
country conditions, that the alien could establish eligibility as a 
refugee within the meaning of section 101(a)(42)(A).''.
            (2) Section 212(c) of the Immigration and Nationality Act 
        (8 U.S.C. 1182(c)) is amended in the third sentence by 
        inserting before the period ``or to any alien who is excludable 
        pursuant to section 212(a)(6)(C)(iii)''.

SEC. 503. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS.

    Section 235(b) of the Immigration and Nationality Act (8 U.S.C. 
1225(b)) is amended to read as follows:
    ``(b) Inspection and Exclusion by Immigration Officers.--
            ``(1) An immigration officer shall inspect each alien who 
        is seeking entry to the United States.
            ``(2)(A) If the examining immigration officer determines 
        that an alien seeking entry--
                    ``(i)(I) is excludable under section 
                212(a)(6)(C)(iii), or
                    ``(II) is excludable under section 212(a)(7)(A)(i),
                    ``(ii) does not have any reasonable basis for legal 
                entry into the United States, and
                    ``(iii) does not indicate an intention to apply for 
                asylum under section 208,
        the alien shall be specially excluded from entry into the 
        United States without a hearing.
            ``(B) The examining immigration officer shall refer to an 
        immigration officer, specially trained to conduct interviews 
        and make determinations bearing on eligibility for asylum, any 
        alien who is (i) excludable under section 212(a)(6)(C)(iii) or 
        section 212(a)(7)(A) (i) and (ii) who has indicated an 
        intention to apply for asylum. Such an alien shall not be 
        considered to have entered the United States for purposes of 
        this Act.
            ``(C) An alien under subparagraph (B) who is determined by 
        an immigration officer, specially trained to conduct interviews 
        and make determinations bearing on eligibility for asylum, to 
        be excludable and ineligible for the exception under section 
        208(e)(2), shall be specially excluded and deported from the 
        United States without further hearing.
            ``(3)(A) Except as provided in subparagraph (B), if the 
        examining immigration officer determines that an alien seeking 
        entry is not clearly and beyond a doubt entitled to enter, the 
        alien shall be detained for a hearing before an immigration 
        judge.
            ``(B) The provisions of subparagraph (A) shall not apply--
                    ``(i) to an alien crewman,
                    ``(ii) to an alien described in paragraph (2)(A) or 
                (2)(C), or
                    ``(iii) if the conditions described in section 
                273(d) exist.
            ``(4) The decision of the examining immigration officer, if 
        favorable to the admission of any alien, shall be subject to 
        challenge by any other immigration officer and such challenge 
        shall operate to take the alien, whose privilege to enter is so 
        challenged, before an immigration judge for a hearing on 
        exclusion of the alien.
            ``(5) The Attorney General shall establish procedures that 
        ensure that aliens are not specially excluded under paragraph 
        (2)(A) without an inquiry into their reasons for seeking entry 
        into the United States.
            ``(6)(A) Subject to subparagraph (B), an alien has not 
        entered the United States for purposes of this Act unless and 
        until such alien has been inspected and admitted by an 
        immigration officer pursuant to this subsection.
            ``(B) An alien who (i) is physically present in the United 
        States, (ii) has been physically present in the United States 
        for a continuous period of one year, and (iii) has not been 
        inspected and admitted by an immigration officer may be said to 
        have entered the United States without inspection. Such an 
        alien is subject to deportation pursuant to section 
        241(a)(1)(B).''.

SEC. 504. JUDICIAL REVIEW.

    Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) 
as amended by section 732 is amended by adding after subsection (c) the 
following new subsections:
    ``(d) Habeas Corpus Review.--Notwithstanding any other provision of 
law, no court shall have jurisdiction to review, except by petition for 
habeas corpus, any determination made with respect to an alien found 
excludable pursuant to section 212(a)(6)(C)(iii) or section 
212(a)(7)(A)(i). In any such case, review by habeas corpus shall be 
limited to examination of whether the petitioner (1) is an alien, and 
(2) was ordered excluded from the United States pursuant to section 
235(b)(2).
    ``(e) Other Limits on Judicial Review and Action.--Notwithstanding 
any other provision of law, no court shall have jurisdiction (1) to 
review the procedures established by the Attorney General for the 
determination of exclusion pursuant to section 212(a)(6)(C)(iii) or 
section 212(a)(7)(A)(i), or (2) to enter declaratory or injunctive 
relief with respect to the implementation of subsection (b)(2). 
Regardless of the nature of the suit or claim, no court shall have 
jurisdiction except by habeas corpus petition as provided in subsection 
(d) to consider the validity of any adjudication or determination of 
special exclusion or to provide declaratory or injunctive relief with 
respect to the special exclusion of any alien.
    ``(f) Collateral Enforcement Proceedings.--In any action brought 
for the assessment of penalties for improper entry or re-entry of an 
alien under section 275 or 276, no court shall have jurisdiction to 
hear claims collaterally attacking the validity of orders of exclusion, 
special exclusion, or deportation entered under sections 235, 236, and 
242.''.

SEC. 505. CONFORMING AMENDMENTS.

    Section 237(a) of the Immigration and Nationality Act (8 U.S.C. 
1227(a)) is amended--
            (1) in the second sentence of paragraph (1) by striking out 
        ``Deportation'' and inserting in lieu thereof ``Subject to 
        section 235(b)(2), deportation''; and
            (2) in the first sentence of paragraph (2) by striking out 
        ``If'' and inserting in lieu thereof ``Subject to section 
        235(b)(2), if''.

SEC. 506. EFFECTIVE DATE.

    Except as otherwise provided, the amendments made by this subtitle 
shall take effect on the date of the enactment of this Act and shall 
apply to aliens who arrive in or seek admission to the United States on 
or after such date.

              Subtitle B--Deportation of Alien Terrorists

SEC. 511. REMOVAL OF ALIEN TERRORISTS.

    The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
amended by inserting the following new section:

                     ``removal of alien terrorists

    ``Sec. 242C. (a) Definitions.--As used in this section--
            ``(1) the term `alien terrorist' means any alien described 
        in section 241(a)(4)(B);
            ``(2) the term `classified information' has the same 
        meaning as defined in section 1(a) of the Classified 
        Information Procedures Act (18 U.S.C. App. IV);
            ``(3) the term `national security' has the same meaning as 
        defined in section 1(b) of the Classified Information 
        Procedures Act (18 U.S.C. App. IV);
            ``(4) the term `special court' means the court described in 
        subsection (c) of this section; and
            ``(5) the term `special removal hearing' means the hearing 
        described in subsection (e) of this section.
    ``(b) Application for Use of Procedures.--The provisions of this 
section shall apply whenever the Attorney General certifies under seal 
to the special court that--
            ``(1) the Attorney General or Deputy Attorney General has 
        approved of the proceeding under this section;
            ``(2) an alien terrorist is physically present in the 
        United States; and
            ``(3) removal of such alien terrorist by deportation 
        proceedings described in sections 242, 242A, or 242B would pose 
        a risk to the national security of the United States because 
        such proceedings would disclose classified information.
    ``(c) Special Court.--(1) The Chief Justice of the United States 
shall publicly designate up to 7 judges from up to 7 United States 
judicial districts to hear and decide cases arising under this section, 
in a manner consistent with the designation of judges described in 
section 103(a) of the Foreign Intelligence Surveillance Act (50 U.S.C. 
1803(a)).
    ``(2) The Chief Justice may, in his discretion, designate the same 
judges under this section as are designated pursuant to 50 U.S.C. 
1803(a).
    ``(d) Invocation of Special Court Procedure.--(1) When the Attorney 
General makes the application described in subsection (b), a single 
judge of the special court shall consider the application in camera and 
ex parte.
    ``(2) The judge shall invoke the procedures of subsection (e), if 
the judge determines that there is probable cause to believe that--
            ``(A) the alien who is the subject of the application has 
        been correctly identified,
            ``(B) a deportation proceeding described in sections 242, 
        242A, or 242B would pose a risk to the national security of the 
        United States because such proceedings would disclose 
        classified information, and
            ``(C) the threat posed by the alien's physical presence is 
        immediate and involves the risk of death or serious bodily 
        harm.
    ``(e) Special Removal Hearing.--(1) Except as provided in paragraph 
(4), the special removal hearing authorized by a showing of probable 
cause described in subsection (d)(2) shall be open to the public.
    ``(2) The alien shall have a right to be present at such hearing 
and to be represented by counsel. Any alien financially unable to 
obtain counsel shall be entitled to have counsel assigned to represent 
such alien. Counsel may be appointed as described in section 3006A of 
title 18, United States Code.
    ``(3) The alien shall have a right to introduce evidence on his own 
behalf, and except as provided in paragraph (4), shall have a right to 
cross-examine any witness or request that the judge issue a subpoena 
for the presence of a named witness.
    ``(4) The judge shall authorize the introduction in camera and ex 
parte of any item of evidence for which the judge determines that 
public disclosure would pose a risk to the national security of the 
United States because it would disclose classified information.
    ``(5) With respect to any evidence described in paragraph (4), the 
judge shall cause to be delivered to the alien either--
            ``(A)(i) the substitution for such evidence of a statement 
        admitting relevant facts that the specific evidence would tend 
        to prove, or (ii) the substitution for such evidence of a 
        summary of the specific evidence; or
            ``(B) if disclosure of even the substituted evidence 
        described in subparagraph (A) would create a substantial risk 
        of death or serious bodily harm to any person, a statement 
        informing the alien that no such summary is possible.
    ``(6) If the judge determines--
            ``(A) that the substituted evidence described in paragraph 
        (4)(B) will provide the alien with substantially the same 
        ability to make his defense as would disclosure of the specific 
        evidence, or
            ``(B) that disclosure of even the substituted evidence 
        described in paragraph (5)(A) would create a substantial risk 
        of death or serious bodily harm to any person,
then the determination of deportation (described in subsection (f)) may 
be made pursuant to this section.
    ``(f) Determination of Deportation.--(1) If the determination in 
subsection (e)(6)(A) has been made, the judge shall, considering the 
evidence on the record as a whole, require that the alien be deported 
if the Attorney General proves, by clear and convincing evidence, that 
the alien is subject to deportation because he is an alien as described 
in section 241(a)(4)(B).
    ``(2) If the determination in subsection (e)(6)(B) has been made, 
the judge shall, considering the evidence received (in camera and 
otherwise), require that the alien be deported if the Attorney General 
proves, by clear, convincing, and unequivocal evidence, that the alien 
is subject to deportation because he is an alien as described in 
section 241(a)(4)(B).
    ``(g) Appeals.--(1) The alien may appeal a determination under 
subsection (f) to the court of appeals for the Federal Circuit, by 
filing a notice of appeal with such court within 20 days of the 
determination under such subsection.
    ``(2)(A) The Attorney General may appeal a determination under 
subsection (d), (e), or (f) to the court of appeals for the Federal 
Circuit, by filing a notice of appeal with such court within 20 days of 
the determination under any one of such subsections.
    ``(B) When requested by the Attorney General, the entire record of 
the proceeding under this section shall be transmitted to the court of 
appeals under seal. If the Attorney General is appealing a 
determination under subsection (d) or (e), the court of appeals shall 
consider such appeal in camera and ex parte.''.

            Subtitle C--Penalties for Engaging in Terrorism

SEC. 521. PROVIDING MATERIAL SUPPORT TO TERRORISM.

    (a) Offense.--Chapter 113A of title 18, United States Code, is 
amended by adding the following new section:
``Sec. 2339A. Providing material support to terrorists
    ``Whoever, within the United States, provides material support or 
resources or conceals of disguises the nature, location, source, or 
ownership of material support or resources, knowing or intending that 
they are to be used to facilitate a violation of section 32, 36, 351, 
844(f) or (i), 1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281, 2331, or 
2339 of this title, or section 902(i) of the Federal Aviation Act of 
1958, as amended (49 U.S.C. App. 1472(i)), or to facilitate the 
concealment or an escape from the commission of any of the foregoing, 
shall be fined under this title, imprisoned not more than 10 years, or 
both. For purposes of this section, material support or resources shall 
include, but not be limited to, currency or other financial securities, 
lodging, training, safehouses, false documentation or identification, 
communications equipment, facilities, weapons, lethal substances, 
explosives, personnel, transportation, and other physical assets.''.
    (b) Clerical Amendment.--The analysis for chapter 113A of title 18, 
United States Code, is amended by adding the following:

``2339A. Providing material support to terrorists.''.

SEC. 522. SENTENCING GUIDELINES INCREASE FOR TERRORIST CRIMES.

    The United States Sentencing Commission is directed to amend its 
sentencing guidelines to provide an increase of not less than three 
levels in the base offense level for any felony, whether committed 
within or outside the United States, that involves or is intended to 
promote international terrorism, unless such involvement or intent is 
itself an element of the crime.

SEC. 523. EXTENSION OF THE STATUTE OF LIMITATIONS FOR CERTAIN TERRORISM 
              OFFENSES.

    (a) In General.--Chapter 213 of title 18, United States Code, is 
amended by inserting after section 2385 the following:
``Sec. 3286. Extension of statute of limitations for certain terrorism 
              offenses
    ``Notwithstanding the provisions of section 3282, no person shall 
be prosecuted, tried, or punished for any offense involving a violation 
of section 32 (aircraft destruction), section 36 (airport violence), 
section 112 (assaults upon diplomats), section 351 (crimes against 
Congressmen or Cabinet officers), section 1116 (crimes against 
diplomats), section 1203 (hostage taking), section 1361 (willful injury 
to government property), section 1751 (crimes against the President), 
section 2280 (maritime violence), section 2281 (maritime platform 
violence), section 2331 (terrorist acts abroad against United States 
nationals), section 2339 (use of weapons of mass destruction), or 
section 2340A (torture) of this title or section 902(i), (j), (k), (l), 
or (n) of the Federal Aviation Act of 1958, as amended (49 U.S.C. App. 
1572(i), (j), (k), (l), or (n)), unless the indictment is found or the 
information is instituted within 10 years after such offense shall have 
been committed.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 213 of title 18, United States Code, is amended by inserting 
below the item relating to section 3285 the following new item:

``3286. Extension of statute of limitations for certain terrorism 
                            offenses.''.

SEC. 524. ENHANCED PENALTIES FOR CERTAIN OFFENSES.

    (a) Title 50.--(1) Section 1705(b) of title 50, United States Code, 
is amended by replacing ``$50,000'' with ``$1,000,000''.
    (2) Section 1705(a) of title 50, United States Code, is amended by 
replacing ``$10,000'' with ``$1,000,000''.
    (b) Title 18.--(1) Section 1541 of title 18, United States Code, is 
amended by replacing ``$500'' with ``$250,000'' and by replacing ``one 
year'' with ``five years''.
    (2) Sections 1542, 1543, 1544 and 1546 of title 18, United States 
Code, are each amended by replacing ``$2,000'' with ``$250,000'' and by 
replacing ``five years'' with ``ten years''.
    (3) Section 1545 of title 18, United States Code, is amended by 
replacing ``$2,000'' with $250,000'' and by replacing ``three years'' 
with ``ten years''.

SEC. 525. IMPLEMENTATION OF THE 1988 PROTOCOL FOR THE SUPPRESSION OF 
              UNLAWFUL ACTS OF VIOLENCE AT AIRPORTS SERVING 
              INTERNATIONAL CIVIL AVIATION.

    (a) Offense.--Chapter 2 of title 18, United States Code, is amended 
by adding at the end the following:
``Sec. 36. Violence at international airports
    ``(a) Whoever, in a circumstance described in subsection (b) of 
this section, unlawfully and intentionally, using any device, substance 
or weapon--
            ``(1) performs an act of violence against a person at an 
        airport serving international civil aviation which causes or is 
        likely to cause serious injury or death; or
            ``(2) destroys or seriously damages the facilities of an 
        airport serving international civil aviation or a civil 
        aircraft not in service located thereon or disrupts the 
        services of the airport;
if such an act endangers or is likely to endanger safety at that 
airport, or attempts to do such an act, shall be fined under this title 
or imprisoned not more than 20 years, or both, and if the death of any 
person results from conduct prohibited by this subsection, shall be 
punished by death or imprisoned for any term of years or for life.
    ``(b) The circumstances referred to in subsection (a) of this 
section are--
            ``(1) the prohibited activity takes place in the United 
        States; or
            ``(2) the prohibited activity takes place outside of the 
        United States and the offender is later found in the United 
        States.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 2 of title 18, United States Code, is amended by adding at the 
end the following:

``36. Violence at international airports.''.
    (c) Effective Date.--This section shall take effect on the later 
of--
            (1) the date of the enactment of this Act; or
            (2) the date the Protocol for the Suppression of Unlawful 
        Acts of Violence at Airports Serving International Civil 
        Aviation, Supplementary to the Convention for the Suppression 
        of Unlawful Acts Against the Safety of Civil Aviation, done at 
        Montreal on 23 September 1971, has come into force and the 
        United States has become a party to the Protocol.

SEC. 526. AMENDMENT TO FEDERAL AVIATION ACT.

    Section 902(n) of the Federal Aviation Act of 1958 (49 U.S.C. App. 
1472(n)) is amended by--
            (1) striking out paragraph (3); and
            (2) redesignating paragraph (4) as paragraph (3).

SEC. 527. OFFENSES OF VIOLENCE AGAINST MARITIME NAVIGATION OR FIXED 
              PLATFORMS.

    (a) Offense.--Chapter 111 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2280. Violence against maritime navigation
    ``(a) Whoever, in a circumstance described in subsection (c) of 
this section, unlawfully and intentionally--
            ``(1) seizes or exercises control over a ship by force or 
        threat thereof or any other form of intimidation;
            ``(2) performs an act of violence against a person on board 
        a ship if that act is likely to endanger the safe navigation of 
        that ship;
            ``(3) destroys a ship or causes damage to a ship or to its 
        cargo which is likely to endanger the safe navigation of that 
        ship;
            ``(4) places or causes to be placed on a ship, by any means 
        whatsoever, a device or substance which is likely to destroy 
        that ship, or cause damage to that ship or its cargo which 
        endangers or is likely to endanger the safe navigation of that 
        ship;
            ``(5) destroys or seriously damages maritime navigational 
        facilities or seriously interferes with their operation, if 
        such act is likely to endanger the safe navigation of a ship;
            ``(6) communicates information, knowing the information to 
        be false and under circumstances in which such information may 
        reasonably be believed, thereby endangering the safe navigation 
        of a ship;
            ``(7) injures or kills any person in connection with the 
        commission or the attempted commission of any of the offenses 
        set forth in paragraphs (1) to (6); or
            ``(8) attempts to do anything prohibited under paragraphs 
        (1) through (7);
shall be fined under this title or imprisoned not more than 20 years, 
or both, and if the death of any person results from conduct prohibited 
by this subsection, shall be punished by death or imprisoned for any 
term of years or for life.
    ``(b) Whoever threatens to engage in conduct prohibited under 
paragraphs (2), (3) or (5) of subsection (a) of this section, with 
apparent determination and will to carry the threat into execution, if 
the threatened conduct is likely to endanger the safe navigation of the 
ship in question, shall be fined under this title or imprisoned not 
more than five years, or both.
    ``(c) The circumstances referred to in subsection (a) are--
            ``(1) in the case of a covered ship--
                    ``(A) such activity is committed--
                            ``(i) against or on board a ship flying the 
                        flag of the United States at the time the 
                        prohibited activity is committed;
                            ``(ii) in the United States; or
                            ``(iii) by a national of the United States 
                        or by a stateless person whose habitual 
                        residence is in the United States;
                    ``(B) during the commission of such activity, a 
                national of the United States is seized, threatened, 
                injured or killed; or
                    ``(C) the offender is later found in the United 
                States after such activity is committed;
            ``(2) in the case of a ship navigating or scheduled to 
        navigate solely within the territorial sea or internal waters 
        of a country other than the United States, the offender is 
        later found in the United States after such activity is 
        committed; and
            ``(3) in the case of any vessel, such activity is committed 
        in an attempt to compel the United States to do or abstain from 
        doing any act.
    ``(d) The master of a covered ship flying the flag of the United 
States who has reasonable grounds to believe that he has on board his 
ship any person who has committed an offense under Article 3 of the 
Convention for the Suppression of Unlawful Acts Against the Safety of 
Maritime Navigation may deliver such person to the authorities of a 
State Party to that Convention. Before delivering such person to the 
authorities of another country, the master shall notify in an 
appropriate manner the Attorney General of the United States of the 
alleged offense and await instructions from the Attorney General as to 
what action he should take. When delivering the person to a country 
which is a State Party to the Convention, the master shall, whenever 
practicable, and if possible before entering the territorial sea of 
such country, notify the authorities of such country of his intention 
to deliver such person and the reason therefor. If the master delivers 
such person, he shall furnish the authorities of such country with the 
evidence in the master's possession that pertains to the alleged 
offense.
    ``(e) As used in this section, the term--
            ``(1) `ship' means a vessel of any type whatsoever not 
        permanently attached to the sea-bed, including dynamically 
        supported craft, submersibles or any other floating craft, but 
        such term does not include a warship, a ship owned or operated 
        by a government when being used as a naval auxiliary or for 
        customs or police purposes, or a ship which has been withdrawn 
        from navigation or laid up;
            ``(2) `covered ship' means a ship that is navigating or is 
        scheduled to navigate into, through or from waters beyond the 
        outer limit of the territorial sea of a single country or a 
        lateral limit of that country's territorial sea with an 
        adjacent country;
            ``(3) `national of the United States' has the meaning given 
        such term in section 101(a)(22) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(22));
            ``(4) `territorial sea of the United States' means all 
        waters extending seaward to 12 nautical miles from the 
        baselines of the United States determined in accordance with 
        international law; and
            ``(5) `United States', when used in a geographical sense, 
        includes the Commonwealth of Puerto Rico, the Commonwealth of 
        the Northern Marianas Islands and all territories and 
        possessions of the United States.
``Sec. 2281. Violence against maritime fixed platforms
    ``(a) Whoever, in a circumstance described in subsection (c) of 
this section, unlawfully and intentionally--
            ``(1) seizes or exercises control over a fixed platform by 
        force or threat thereof or any other form of intimidation;
            ``(2) performs an act of violence against a person on board 
        a fixed platform if that act is likely to endanger its safety;
            ``(3) destroys a fixed platform or causes damage to it 
        which is likely to endanger its safety;
            ``(4) places or causes to be placed on a fixed platform, by 
        any means whatsoever, a device or substance which is likely to 
        destroy that fixed platform or likely to endanger its safety;
            ``(5) injures or kills any person in connection with the 
        commission or the attempted commission of any of the offenses 
        set forth in paragraphs (1) to (4); or
            ``(6) attempts to do anything prohibited under paragraphs 
        (1)-(5);
shall be fined under this title or imprisoned not more than twenty 
years, or both; and if death results to any person from conduct 
prohibited by this subsection, shall be punished by death or imprisoned 
for any term of years or for life.
    ``(b) Whoever threatens to engage in conduct prohibited under 
paragraphs (2) or (3) of subsection (a), with apparent determination 
and will to carry the threat into execution, if the threatened conduct 
is likely to endanger the safety of the fixed platform, shall be fined 
under this title or imprisoned not more than five years, or both.
    ``(c) The circumstances referred to in subsection (a) are--
            ``(1) such activity is committed against or on board a 
        fixed platform--
                    ``(A) that is located on the continental shelf of 
                the United States;
                    ``(B) that is located on the continental shelf of 
                another country, by a national of the United States or 
                by a stateless person whose habitual residence is in 
                the United States; or
                    ``(C) in an attempt to compel the United States to 
                do or abstain from doing any act;
            ``(2) during the commission of such activity against or on 
        board a fixed platform located on a continental shelf, a 
        national of the United States is seized, threatened, injured or 
        killed; or
            ``(3) such activity is committed against or on board a 
        fixed platform located outside the United States and beyond the 
        continental shelf of the United States and the offender is 
        later found in the United States.
    ``(d) As used in this section, the term--
            ``(1) `continental shelf' means the sea-bed and subsoil of 
        the submarine areas that extend beyond a country's territorial 
        sea to the limits provided by customary international law as 
        reflected in Article 76 of the 1982 Convention on the Law of 
        the Sea;
            ``(2) `fixed platform' means an artificial island, 
        installation or structure permanently attached to the sea-bed 
        for the purpose of exploration or exploitation of resources or 
        for other economic purposes;
            ``(3) `national of the United States' has the meaning given 
        such term in section 101(a)(22) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(22));
            ``(4) `territorial sea of the United States' means all 
        waters extending seaward to 12 nautical miles from the 
        baselines of the United States determined in accordance with 
        international law; and
            ``(5) `United States', when used in a geographical sense, 
        includes the Commonwealth of Puerto Rico, the Commonwealth of 
        the Northern Marianas Islands and all territories and 
        possessions of the United States.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 111 of title 18, United States Code, is amended by adding at 
the end the following:

``2280. Violence against maritime navigation.
``2281. Violence against maritime fixed platforms.''.
    (c) Effective Dates.--This section shall take effect on the later 
of--
            (1) the date of the enactment of this Act; or
            (2)(A) in the case of section 2280 of title 18, United 
        States Code, the date the Convention for the Suppression of 
        Unlawful Acts Against the Safety of Maritime Navigation has 
        come into force and the United States has become a party to 
        that Convention; and
            (B) in the case of section 2281 of title 18, United States 
        Code, the date the Protocol for the Suppression of Unlawful 
        Acts Against the Safety of Fixed Platforms Located on the 
        Continental Shelf has come into force and the United States has 
        become a party to that Protocol.

SEC. 528. WEAPONS OF MASS DESTRUCTION.

    (a) Offense.--Chapter 113A of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2339. Use of weapons of mass destruction
    ``(a) Whoever uses, or attempts or conspires to use, a weapon of 
mass destruction--
            ``(1) against a national of the United States while such 
        national is outside of the United States;
            ``(2) against any person within the United States; or
            ``(3) against any property that is owned, leased or used by 
        the United States or by any department or agency of the United 
        States, whether the property is within or outside of the United 
        States;
shall be imprisoned for any term of years or for life, and if death 
results, shall be punished by death or imprisoned for any term of years 
or for life.
    ``(b) For purposes of this section--
            ``(1) `national of the United States' has the meaning given 
        in section 101(a)(22) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(22)); and
            ``(2) `weapon of mass destruction' means--
                    ``(a) any destructive device as defined in section 
                921 of this title;
                    ``(b) poison gas;
                    ``(c) any weapon involving a disease organism; or
                    ``(d) any weapon that is designed to release 
                radiation or radioactivity at a level dangerous to 
                human life.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 113A of title 18, United States Code, is amended by adding the 
following:

``2339. Use of weapons of mass destruction.''.

SEC. 529. NATIONAL TASK FORCE ON COUNTERTERRORISM.

    (a) Establishment.--The President shall establish a National Task 
Force on Counterterrorism comprised of the following seven members: the 
Deputy Attorney General of the United States, the Deputy Director of 
Operations of the Central Intelligence Agency or the Deputy Director of 
Central Intelligence, the Coordinator for Terrorism of the Department 
of State, an Assistant Secretary of Commerce as designated by the 
Secretary of Commerce, the Secretary of Defense for Special Operations 
Low Intensity Conflict, the National Security Advisor or the Deputy 
National Security Advisor for Special Operations Low Intensity 
Conflict, and the Assistant Secretary of Treasury for Enforcement. The 
Deputy Attorney General shall serve as the Chairperson of the Task 
Force and shall coordinate all antiterrorism activities of the 
intelligence community of the United States Government.
    (b) Duties.--The National Task Force on Counterterrorism shall--
            (1) formulate a definition as to what constitutes 
        terrorism;
            (2) define those intelligence assets dedicated for 
        collection of information on terrorism;
            (3) define the methods for the Task Force to be the central 
        processor and distributor of intelligence on terrorism;
            (4) outline all preventive and reactive policy issues with 
        regards to terrorism;
            (5) define the methods for the Task Force to have overall 
        operational control for counterterrorist and terrorist anti-
        proliferation operations, both overt and covert;
            (6) report to Congress no later than six months after the 
        date of enactment of this Act, and each 90 days thereafter for 
        the remainder of the two-year period beginning on such date, as 
        to how the Task Force will implement paragraphs (1) through (5) 
        of this section; and
            (7) beginning 60 days after the date on which the report is 
        submitted under paragraph (6), implement paragraphs (1) through 
        (5) in accordance with the report.
    (c) Chief and Deputy Chief of Staff.--The National Task Force on 
Counterterrorism shall have a chief of staff and a deputy chief of 
staff who shall be appointed by the task force. The chief of staff 
shall be paid at a rate not to exceed the rate of basic pay payable for 
the highest rate payable for the Senior Executive Service.

SEC. 530. DEATH PENALTY FOR DEATH CAUSED BY THE USE OF A BOMB OR OTHER 
              DESTRUCTIVE DEVICE.

    Section 924 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(j) Causing Death Through the Use of a Bomb or Other Destructive 
Device.--
            ``(1) Penalty.--
                    ``(A) In general.--Subject to subparagraph (B), a 
                person who intentionally or with reckless disregard for 
                human life causes the death of a person through the use 
                of a bomb or other destructive device shall be 
                sentenced to life imprisonment without release, or to 
                death if it is determined that imposition of a sentence 
                of death is justified.
                    ``(B) Limitation.--No person may be sentenced to 
                the death penalty who was less than 18 years of age at 
                the time of the offense.''.

             TITLE VI--CRIMINAL ALIENS AND ALIEN SMUGGLING

               Subtitle A--Deportation of Criminal Aliens

SEC. 601. EXPEDITING CRIMINAL ALIEN DEPORTATION AND EXCLUSION.

    (a) Convicted Defined.--Section 241(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1251(a)(2)) is amended by adding at the end 
the following new subparagraph:
                    ``(E) Convicted defined.--In this paragraph, the 
                term `convicted' means a judge or jury has found the 
                alien guilty or the alien has entered a plea of guilty 
                or nolo contendere, whether or not the alien appeals 
                therefrom.''.
    (b) Deportation of Convicted Aliens.--
            (1) Immediate deportation.--Section 242(h) of such Act (8 
        U.S.C. 1252(h)) is amended--
                    (A) by striking ``(h) An alien'' and inserting 
                ``(h)(1) Subject to paragraph (2), an alien''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2) An alien sentenced to imprisonment may be deported prior to 
the termination of such imprisonment by the release of the alien from 
confinement, if the Service petitions the appropriate court or other 
entity with authority concerning the alien to release the alien into 
the custody of the Service for execution of an order of deportation.''.
            (2) Prohibition of reentry into the united states.--Section 
        212(a)(2) of such Act (8 U.S.C. 1182(a)(2)) is amended--
                    (A) by redesignating subparagraph (F) as 
                subparagraph (G); and
                    (B) by inserting after subparagraph (E) the 
                following new subparagraph:
                    ``(F) Aliens deported before serving minimum period 
                of confinement.--In addition to any other period of 
                exclusion which may apply an alien deported pursuant to 
                section 242(h)(2) is excludable during the minimum 
                period of confinement to which the alien was 
                sentenced.''.
    (c) Execution of Deportation Orders.--Section 242(i) of such Act (8 
U.S.C. 1252(i)) is amended by adding at the end the following: ``An 
order of deportation may not be executed until all direct appeals 
relating to the conviction which is the basis of the deportation order 
have been exhausted.''.

SEC. 602. AUTHORIZING REGISTRATION OF ALIENS ON CRIMINAL PROBATION OR 
              CRIMINAL PAROLE.

    Section 263(a) of the Immigration and Nationality Act (8 U.S.C. 
1303(a)) is amended by striking ``and (5)'' and inserting ``(5) aliens 
who are or have been on criminal probation or criminal parole within 
the United States, and (6)''.

SEC. 603. EXPANSION IN DEFINITION OF ``AGGRAVATED FELONY''.

    (a) Expansion in Definition.--Section 101(a)(43) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(43)) is amended to read as 
follows:
            ``(43) The term `aggravated felony' means--
                    ``(A) murder;
                    ``(B) any illicit trafficking in any controlled 
                substance (as defined in section 102 of the Controlled 
                Substances Act), including any drug trafficking crime 
                as defined in section 924(c)(2) of title 18, United 
                States Code;
                    ``(C) any illicit trafficking in any firearms or 
                destructive devices as defined in section 921 of title 
                18, United States Code, or in explosive materials as 
                defined in section 841(c) of title 18, United States 
                Code;
                    ``(D) any offense described in sections 1951 
                through 1963 of title 18, Untied States Code;
                    ``(E) any offense described in--
                            ``(i) subsection (h) or (i) of section 842, 
                        title 18, United States Code, or subsection 
                        (d), (e), (f), (g), (h), or (i) of section 844 
                        of title 18, United States Code, (relating to 
                        explosive materials offenses),
                            ``(ii) paragraph (1), (2), (3), (4), or (5) 
                        of section 922(g), subsection (j), (n), (o), 
                        (p), or (r) of section 922, section 924(b), or 
                        section 924(h) of title 18, United States Code, 
                        (relating to firearms offenses), or
                            ``(iii) section 5861 of the Internal 
                        Revenue Code of 1986 (relating to firearms 
                        offenses);
                    ``(F) any crime of violence (as defined in section 
                16 of title 18, United States Code, not including a 
                purely political offense) for which the term of 
                imprisonment imposed (regardless of any suspension of 
                such imprisonment) is at least 5 years;
                    ``(G) any theft offense (including receipt of 
                stolen property) or any burglary offense, where a 
                sentence of 5 years imprisonment or more may be 
                imposed;
                    ``(H) any offense described in section 875, section 
                876, section 877, or section 1202 of title 18, United 
                States Code (relating to the demand for or receipt of 
                ransom);
                    ``(I) any offense described in section 2251, 
                section 2251A or section 2252 of title 18, United 
                States Code (relating to child pornography);
                    ``(J) any offense described in section 1084 of 
                title 18, United States Code, where a sentence of 5 
                years imprisonment or more may be imposed;
                    ``(K) any offense relating to commercial bribery, 
                counterfeiting, forgery or trafficking in vehicles 
                whose identification numbers have been altered, where a 
                sentence of 5 years imprisonment or more may be 
                imposed;
                    ``(L) any offense--
                            ``(i) relating to the owning, controlling, 
                        managing or supervising of a prostitution 
                        business,
                            ``(ii) described in section 2421 through 
                        2424 of title 18, United States Code, for 
                        commercial advantage, or
                            ``(iii) described in sections 1581 through 
                        1585, or section 1588, of title 18, United 
                        States Code (relating to peonage, slavery, and 
                        involuntary servitude);
                    ``(M) any offense relating to perjury or 
                subornation of perjury where a sentence of 5 years 
                imprisonment or more may be imposed;
                    ``(N) any offense described in--
                            ``(i) section 793 (relating to gathering or 
                        transmitting national defense information), 
                        section 798 (relating to disclosure of 
                        classified information), section 2153 (relating 
                        to sabotage) or section 2381 or section 2382 
                        (relating to treason) of title 18, United 
                        States Code, or
                            ``(ii) section 421 of title 50, United 
                        States Code (relating to protecting the 
                        identity of undercover intelligence agents);
                    ``(O) any offense--
                            ``(i) involving fraud or deceit where the 
                        loss to the victim or victims exceeded 
                        $200,000; or
                            ``(ii) described in section 7201 of title 
                        26, United States Code (relating to tax 
                        evasion), where the tax loss to the Government 
                        exceeds $200,000;
                    ``(P) any offense described in section 274(a)(1) of 
                the Immigration and Nationality Act (relating to alien 
                smuggling) for the purpose of commercial advantage;
                    ``(Q) any violation of section 1546(a) of title 18, 
                United States Code (relating to document fraud), for 
                the purpose of commercial advantage; or
                    ``(R) any offense relating to failing to appear 
                before a court pursuant to a court order to answer to 
                or dispose of a charge of a felony, where a sentence of 
                2 years or more may be imposed;
        or any attempt or conspiracy to commit any such act. Such term 
        applies to offenses described in this paragraph whether in 
        violation of Federal or State law and applies to such offenses 
        in violation of the laws of a foreign country for which the 
        term of imprisonment was completed within the previous 15 
        years.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to all convictions entered before, on, or after the date of 
enactment of this Act.

SEC. 604. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO ARE 
              NOT PERMANENT RESIDENTS.

    (a) Elimination of Administrative Hearing for Certain Criminal 
Aliens.--Section 242A of the Immigration and Nationality Act (8 U.S.C. 
1252a) is amended by adding at the end the following:
    ``(c) Deportation of Aliens Who Are Not Permanent Residents.--
            ``(1) Notwithstanding section 242, and subject to paragraph 
        (5), the Attorney General may issue a final order of 
        deportation against any alien described in paragraph (2) whom 
        the Attorney General determines to be deportable under section 
        241(a)(2)(A)(iii) (relating to conviction of an aggravated 
        felony).
            ``(2) An alien is described in this paragraph if the 
        alien--
                    ``(A) was not lawfully admitted for permanent 
                residence at the time that proceedings under this 
                section commenced, or
                    ``(B) had permanent resident status on a 
                conditional basis (as described in section 216) at the 
                time that proceedings under this section commenced.
            ``(3) The Attorney General may delegate the authority in 
        this section to the Commissioner or to any District Director of 
        the Service.
            ``(4) No alien described in this section shall be eligible 
        for--
                    ``(A) any relief from deportation that the Attorney 
                General may grant in his discretion, or
                    ``(B) relief under section 243(h).
            ``(5) The Attorney General may not execute any order 
        described in paragraph (1) until 14 calendar days have passed 
        from the date that such order was issued, in order that the 
        alien has an opportunity to apply for judicial review under 
        section 106.''.
    (b) Limited Judicial Review.--Section 106 of the Immigration and 
Nationality Act (8 U.S.C. 1105a) is amended--
            (1) in the first sentence of subsection (a), by inserting 
        ``or pursuant to section 242A'' after ``under section 242(b)'';
            (2) in subsection (a)(1) and subsection (a)(3), by 
        inserting ``(including an alien described in section 242A)'' 
        after ``aggravated felony''; and
            (3) by adding at the end the following new subsection:
    ``(d) Notwithstanding subsection (c), a petition for review or for 
habeas corpus on behalf of an alien described in section 242A(c) may 
only challenge whether the alien is in fact an alien described in such 
section, and no court shall have jurisdiction to review any other 
issue.''.
    (c) Technical and Conforming Changes.--Section 242A of the 
Immigration and Nationality Act (8 U.S.C. 1252a) is amended as follows:
            (1) In subsection (a)--
                    (A) by striking ``(a) In General.--'' and inserting 
                ``(b) Deportation of Permanent Resident Aliens.--(1) in 
                general.--''; and
                    (B) by inserting in the first sentence ``permanent 
                resident'' after ``correctional facilities for'';
            (2) In subsection (b)--
                    (A) by striking ``(b) Implementation.--'' and 
                inserting ``(2) implementation.--''; and
                    (B) by striking ``respect to an'' and inserting 
                ``respect to a permanent resident'';
            (3) By striking out subsection (c);
            (4) In subsection (d)--
                    (A) by striking ``(d) Expedited Proceedings.--(1)'' 
                and inserting ``(3) expedited proceedings.--(A)'';
                    (B) by inserting ``permanent resident'' after ``in 
                the case of any''; and
                    (C) by striking ``(2)'' and inserting ``(B)'';
            (5) In subsection (e)--
                    (A) by striking ``(e) Review.--(1)'' and inserting 
                ``(4) review.--(A)'';
                    (B) by striking the second sentence; and
                    (C) by striking ``(2)'' and inserting ``(B)'';
            (6) By inserting after the section heading the following 
        new subsection:
    ``(a) Presumption of Deportability.--An alien convicted of an 
aggravated felony shall be conclusively presumed to be deportable from 
the United States.''; and
            (7) The heading of such section is amended to read as 
        follows:

 ``expedited deportation of aliens convicted of committing aggravated 
                              felonies''.

    (d) Effective Date.--The amendments made by this section shall 
apply to all aliens against whom deportation proceedings are initiated 
after the date of enactment of this Act.

SEC. 605. JUDICIAL DEPORTATION.

    (a) Judicial Deportation.--Section 242A of the Immigration and 
Nationality Act (8 U.S.C. 1252a) is amended by inserting at the end the 
following new subsection:
    ``(d) Judicial Deportation.--
            ``(1) Authority.--Notwithstanding any other provision of 
        this Act, a United States district court shall have 
        jurisdiction to enter a judicial order of deportation at the 
        time of sentencing against an alien whose criminal conviction 
        causes such alien to be deportable under section 
        241(a)(2)(A)(iii) (relating to conviction of an aggravated 
        felony), if such an order has been requested prior to 
        sentencing by the United States Attorney with the concurrence 
        of the Commissioner.
            ``(2) Procedure.--
                    ``(A) The United States Attorney shall provide 
                notice of intent to request judicial deportation 
                promptly after the entry in the record of an 
                adjudication of guilt or guilty plea. Such notice shall 
                be provided to the court, to the alien, and to the 
                alien's counsel of record.
                    ``(B) Notwithstanding section 242B, the United 
                States Attorney, with the concurrence of the 
                Commissioner, shall file at least 20 days prior to the 
                date set for sentencing a charge containing factual 
                allegations regarding the alienage of the defendant and 
                satisfaction by the defendant of the definition of 
                aggravated felony.
                    ``(C) If the court determines that the defendant 
                has presented substantial evidence to establish prima 
                facie eligibility for relief from deportation under 
                section 212(c), the Commissioner shall provide the 
                court with a recommendation and report regarding the 
                alien's eligibility for relief under such section. The 
                court shall either grant or deny the relief sought.
                    ``(D)(i) The alien shall have a reasonable 
                opportunity to examine the evidence against him or her, 
                to present evidence on his or her own behalf, and to 
                cross-examine witnesses presented by the Government.
                    ``(ii) The court, for the purposes of determining 
                whether to enter an order described in paragraph (1), 
                shall only consider evidence that would be admissible 
                in proceedings conducted pursuant to section 242(b).
                    ``(iii) Nothing in this subsection shall limit the 
                information a court of the United States may receive or 
                consider for the purposes of imposing an appropriate 
                sentence.
                    ``(iv) The court may order the alien deported if 
                the Attorney General demonstrates by clear and 
                convincing evidence that the alien is deportable under 
                this Act.
            ``(3) Notice, appeal, and execution of judicial order of 
        deportation.--
                    ``(A)(i) A judicial order of deportation or denial 
                of such order may be appealed by either party to the 
                court of appeals for the circuit in which the district 
                court is located.
                    ``(ii) Except as provided in clause (iii), such 
                appeal shall be considered consistent with the 
                requirements described in section 106.
                    ``(iii) Upon execution by the defendant of a valid 
                waiver of the right to appeal the conviction on which 
                the order of deportation is based, the expiration of 
                the period described in section 106(a)(1), or the final 
                dismissal of an appeal from such conviction, the order 
                of deportation shall become final and shall be executed 
                at the end of the prison term in accordance with the 
                terms of the order.
                    ``(B) As soon as is practicable after entry of a 
                judicial order of deportation, the Commissioner shall 
                provide the defendant with written notice of the order 
                or deportation, which shall designate the defendant's 
                country of choice for deportation and any alternate 
                country pursuant to section 243(a).
            ``(4) Denial of judicial order.--Denial of a request for a 
        judicial order of deportation shall not preclude the Attorney 
        General from initiating deportation proceedings pursuant to 
        section 242 upon the same ground of deportability or upon any 
        other ground of deportability provided under section 241(a).''.
    (b) Technical and Conforming Changes.--The ninth sentence of 
section 242(b) of the Immigration and Nationality Act (8 U.S.C. 
1252(b)) is amended by striking out ``The'' and inserting in lieu 
thereof, ``Except as provided in section 242A(d), the''.
    (c) Effective Date.--The amendments made by this section shall 
apply to all aliens whose adjudication of guilt or guilty plea is 
entered in the record after the date of enactment of this Act.

SEC. 606. RESTRICTING DEFENSES TO DEPORTATION FOR CERTAIN CRIMINAL 
              ALIENS.

    (a) Defenses Based on Seven Years of Permanent Residence.--The last 
sentence of section 212(c) of the Immigration and Nationality Act (8 
U.S.C. 1182(c)) is amended by striking out ``has served for such felony 
or felonies'' and all that follows through the period and inserting in 
lieu thereof ``has been sentenced for such felony or felonies to a term 
of imprisonment of at least 5 years, provided that the time for 
appealing such conviction or sentence has expired and the sentence has 
become final.''.
    (b) Defenses Based on Withholding of Deportation.--Section 
243(h)(2) of the Immigration and Nationality Act (8 U.S.C. 1253(h)(2)) 
is amended by--
            (1) striking out the final sentence and inserting in lieu 
        thereof the following new subparagraph:
                    ``(E) the alien has been convicted of an aggravated 
                felony.''; and
            (2) striking out the ``or'' at the end of subparagraph (C) 
        and inserting ``or'' at the end of subparagraph (D).

SEC. 607. ENHANCING PENALTIES FOR FAILING TO DEPART, OR REENTERING, 
              AFTER FINAL ORDER OF DEPORTATION.

    (a) Failure to Depart.--Section 242(e) of the Immigration and 
Nationality Act (8 U.S.C. 1252(e)) is amended--
            (1) by striking out ``paragraph (2), (3), or 4 of'' the 
        first time it appears, and
            (2) by striking out ``shall be imprisoned not more than ten 
        years'' and inserting in lieu thereof, ``shall be imprisoned 
        not more than two years, or shall be imprisoned not more than 
        ten years if the alien is a member of any of the classes 
        described in paragraph (2), (3), or (4) of section 241(a).''.
    (b) Reentry.--Section 276(b) of the Immigration and Nationality Act 
(8 U.S.C. 1326(b)) is amended--
            (1) in paragraph (1), by (A) inserting after ``commission 
        of'' the following: ``three or more misdemeanors or'', and (B) 
        striking out ``5'' and inserting in lieu thereof ``10'',
            (2) in paragraph (2), by striking out ``15'' and inserting 
        in lieu thereof ``20'', and
            (3) by adding at the end the following sentence: ``For the 
        purposes of this subsection, the term `deportation' shall 
        include any agreement where an alien stipulates to deportation 
        during a criminal trial under either Federal or State law.''.
    (c) Collateral Attacks on Underlying Deportation Order.--Section 
276 of the Immigration and Nationality Act (8 U.S.C. 1326) is amended 
by inserting after subsection (b) the following new subsection:
    ``(c) In any criminal proceeding under this section, no alien may 
challenge the validity of the deportation order described in subsection 
(a)(1) or subsection (b) unless the alien demonstrates--
            ``(1) that the alien exhausted the administrative remedies 
        (if any) that may have been available to seek relief against 
        such order,
            ``(2) that the deportation proceedings at which such order 
        was issued improperly deprived the alien of the opportunity for 
        judicial review, and
            ``(3) that the entry of such order was fundamentally 
        unfair.''.

SEC. 608. MISCELLANEOUS AND TECHNICAL CHANGES.

    (a) Form of Deportation Hearings.--The second sentence of section 
242(b) of the Immigration and Nationality Act (8 U.S.C. 1252(b)) is 
amended by inserting before the period the following: ``; except that 
nothing in this subsection shall preclude the Attorney General from 
authorizing proceedings by electronic or telephonic media (with or 
without the consent of the alien) or, where waived or agreed to by the 
parties, in the absence of the alien.''.
    (b) Construction of Expedited Deportation Requirements.--No 
amendment made by this Act and nothing in section 242(i) of the 
Immigration and Nationality Act (8 U.S.C. 1252(i)), shall be construed 
to create any right or benefit, substantive or procedural, which is 
legally enforceable by any party against the United States, its 
agencies, its officers or any other person.

SEC. 609. AUTHORIZATION OF APPROPRIATIONS FOR CRIMINAL ALIEN 
              INFORMATION SYSTEM.

    There is authorized to be appropriated to carry out section 
242(a)(3)(A) of the Immigration and Nationality Act, $5,000,000 for 
fiscal year 1994 and $2,000,000 for each of the fiscal years 1995, 
1996, 1997, and 1998.

        Subtitle B--Prevention and Punishment of Alien Smuggling

SEC. 611. BORDER PATROL AGENTS.

    In addition to such amounts as are otherwise authorized to be 
appropriated, there is authorized to be appropriated for each of the 
fiscal years 1994, 1995, 1996, 1997, 1998, for salaries and expenses of 
the Border Patrol such amounts as may be necessary to provide for an 
increase in the number of agents of the Border Patrol by 3,000 full-
time equivalent agent positions beyond the number of such positions at 
the Border Patrol on July 1, 1993.

SEC. 612. BORDER PATROL INVESTIGATORS.

    In addition to such amounts as are otherwise authorized to be 
appropriated, there is authorized to be appropriated for each of the 
fiscal years 1994, 1995, 1996, 1997, 1998, for salaries and expenses of 
the Border Patrol such amounts as may be necessary to provide for an 
increase in the number of investigators of the Border Patrol by 1,000 
full-time equivalent investigator positions beyond the number of such 
positions at the Border Patrol on July 1, 1993.

SEC. 613. ENHANCED PENALTIES FOR CERTAIN ALIEN SMUGGLING.

    Section 274(a)(1) of the Immigration and Nationality Act (8 U.S.C. 
1324(a)(1)) is amended by striking ``five years'' and inserting ``ten 
years''.

                  TITLE VII--EXPANDING PRISON CAPACITY

SEC. 701. USE OF PRIVATE ACTIVITY BONDS.

    (a) In General.--Subsection (a) of section 142 of the Internal 
Revenue Code of 1986 (defining exempt facility bond) is amended by 
striking ``or'' at the end of paragraph (11), by striking the period at 
the end of paragraph (12) and inserting ``, or'', and by adding at the 
end thereof the following new paragraph:
            ``(13) correctional facilities.''.
    (b) Definition.--Section 142 of such Code is amended by adding at 
the end thereof the following new subsection:
    ``(k) Correctional Facilities.--For purposes of subsection (a)(13), 
the term `correctional facilities' means facilities for the confinement 
or rehabilitation of offenders or individuals charged with or convicted 
of criminal offenses, including prisons, jails, detention centers and 
drug and alcohol rehabilitation centers. Correctional facilities shall 
be treated in all events as serving the general public.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to obligations issued after the date of the enactment of this 
Act.

SEC. 702. FEDERAL-STATE PARTNERSHIPS FOR REGIONAL PRISONS.

    (a) Created by Attorney General.--The Attorney General shall--
            (1) establish a Regional Prison Task Force comprised of--
                    (A) the Director of the Federal Bureau of Prisons; 
                and
                    (B) a senior correctional officer of each State 
                wishing to participate, who is designated for this 
                purpose by the Governor of the State; and
            (2) create a plan, in consultation with the Regional Prison 
        Task Force for the establishment of a nationwide regional 
        prison system, and report that plan to the Committees on the 
        Judiciary and Appropriations of the House of Representatives 
        and the Senate not later than 180 days after the date of the 
        enactment of this Act.
    (b) Scope of Plan.--The plan shall--
            (1) define the boundaries and number of regions in which 
        regional prisons will be placed;
            (2) establish the terms of the partnership agreements that 
        States must enter into with the Attorney General in order to 
        participate in the regional prison system;
            (3) set forth the extent of the role of the Federal Bureau 
        of Prisons in administering the prisons;
            (4) determine the way 2 or more States in a region will 
        share responsibility for the activities associated with the 
        regional prisons; and
            (5) specify both the Federal responsibility and the State 
        responsibility (which shall not be less than 50 percent) for 
        construction costs and operating costs of the regional prisons.
    (c) State Eligibility.--No State may send any prisoner to be held 
at a regional prison established under this section unless such State, 
as determined by the Attorney General--
            (1) enters into a partnership agreement under subsection 
        (a) and abides substantially by its terms;
            (2) establishes minimum mandatory sentences of 10 years for 
        persons who are convicted of a serious felony and are 
        subsequently convicted of a crime of violence involving the use 
        of a firearm or a crime of violence involving a sexual assault;
            (3) establishes a truth in sentencing policy under which 
        offenders will serve no less than 85 percent of the term of 
        imprisonment to which they are sentenced--
                    (A) after the date the State enters into the 
                partnership agreement, with respect to crimes of 
                violence involving the use of a firearm or a crime of 
                violence involving a sexual assault; and
                    (B) after a date set by the State which is not 
                later than 2 years after that State enters into such 
                agreement, with respect to all other crimes of violence 
                and serious drug trafficking offenses;
            (4) provides pretrial detention similar to that provided in 
        the Federal system under section 3142 of title 18, United 
        States Code;
            (5) takes steps to eliminate court imposed limitations on 
        its prison capacity resulting from consent decrees or statutory 
        provisions; and
            (6) provides adequate assurances that--
                    (A) such State will not use the regional prison 
                system to supplant any part of its own system; and
                    (B) funds provided by the State for the 
                construction of regional prisons under this section 
                will be in addition to what would otherwise have been 
                made available for the construction and operation of 
                prisons by the State.
    (d) Prisoner Eligibility.--A State which is eligible under this 
section may send prisoners convicted of State crimes to serve their 
prison sentence in the regional prison established under this section 
if--
            (1) the prisoner has been convicted of not less than 2 
        crimes of violence or serious drug trafficking offenses and 
        then commits a crime of violence involving the use of a firearm 
        or a crime of violence involving a sexual assault; or
            (2) the prisoner is an illegal alien convicted of a felony 
        offense punishable by more than 1 year's imprisonment.
    (e) Definitions.--As used in this section--
            (1) the term ``crime of violence'' is a felony offense that 
        is--
                    (A) punishable by imprisonment for a term exceeding 
                one year; and
                    (B) a crime of violence as defined in section 16 of 
                title 18, United States Code;
            (2) the term ``serious drug trafficking offense'' is a 
        felony offense that is--
                    (A) punishable by imprisonment for a term exceeding 
                one year; and
                    (B) defined in section 924(e)(2)(A) of title 18, 
                United States Code;
            (3) the term ``serious felony'' means a felony punishable 
        by imprisonment for a term exceeding 1 year, or any act of 
        juvenile delinquency involving the use or carrying of a 
        firearm, knife, or destructive device that would be punishable 
        by imprisonment for such term if committed by an adult, that--
                    (A) has as an element the use, attempted use, or 
                threatened use of physical force against the person of 
                another;
                    (B) is burglary, arson, or extortion, involves use 
                of explosives, or otherwise involves conduct that 
                presents a serious potential risk of physical injury to 
                another; or
                    (C) involves conduct in violation of section 401 of 
                the Controlled Substances Act that consists of illegal 
                distribution of a controlled substance;
            (4) the term ``crime of violence involving a sexual 
        assault'' is a crime of violence that is an offense as defined 
        in chapter 109A of title 18, United States Code; and
            (5) the term ``State'' includes the District of Columbia, 
        Puerto Rico, and any other territory or possession of the 
        United States.
    (f) Regional Prison Fund.--There is established in the Treasury the 
Regional Prison Fund. The Regional Prison Fund shall consist of--
            (1) sums appropriated to it by Act of Congress;
            (2) notwithstanding section 1401 of the Victims of Crime 
        Act of 1984 (42 U.S.C. 10601) or any other provision of law, 
        the total of criminal fines deposited in the Crime Victims Fund 
        during each fiscal year (beginning after the date of the 
        enactment of this Act) that exceeds $150,000,000; and
            (3) notwithstanding any other provision of law, any portion 
        of the Department of Justice Asset Forfeiture Fund that the 
        Attorney General determines is remaining after distributions 
        of--
                    (A) funds to be shared with State and local law 
                enforcement;
                    (B) funds to pay warehouse and appraisal fees and 
                innocent lien holders; and
                    (C) funds for Federal law enforcement.
    (g) Transfers.--The Secretary of the Treasury shall from time to 
time make appropriate transfers between funds to implement subsection 
(f).
    (h) Use of Regional Prison Fund.--The Attorney General may use any 
sums in the Regional Prison Fund to carry out this section.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated to the Regional Prison Fund--
            (1) $1,000,000,000 for each of fiscal years 1994 through 
        1996; and
            (2) such sums as may be necessary thereafter through fiscal 
        year 2004.

SEC. 703. NON-APPLICABILITY OF DAVIS-BACON TO PRISON CONSTRUCTION.

    (a) Federal Prison Construction.--Section 1 of the Davis-Bacon Act 
of March 3, 1991 (46 Stat. 1494, as amended, 40 U.S.C. 276a) is amended 
by adding at the end the following new subsection:
    ``(c) The requirements of this section shall not apply to contracts 
for construction, alteration, and/or repair of institutions used to 
incarcerate persons held under authority of any enactment of 
Congress.''.
    (d) Effective Date.--The amendment made by subsection (a) shall 
become effective on the date of enactment of this Act.

SEC. 704. ACTIONS CHALLENGING CONDITIONS OF CONFINEMENT.

    (a) In General.--Title 28, United States Code is amended by 
inserting after chapter 176 the following new chapter:

      ``CHAPTER 177--ACTIONS CHALLENGING CONDITIONS OF CONFINEMENT

``Sec.
``3401. Limitations on remedies.
``3402. Consent decrees.
``3403. Modification of orders or decrees.
``Sec. 3401. Limitations on remedies
    ``(a)(1) If the district court, in any action challenging the 
constitutionality of conditions of confinement in any prison, jail, 
detention facility, or other correctional institution housing persons 
accused or convicted of a crime or juveniles adjudicated delinquent, 
finds that one or more conditions of confinement are in violation of 
the United States Constitution, the court shall narrowly tailor any 
relief to fit the nature and extent of the violations and shall make 
the order no more intrusive than absolutely necessary to ensure that 
the violations are remedied. The court shall have no jurisdiction--
            ``(A) to impose a ceiling on the population of any 
        institution or to require any adjustment of the release dates 
        of inmates; or
            ``(B) to prohibit the use of tents or prefabricated 
        structures for housing inmates.
``Sec. 3402. Consent decrees
    ``(a) No consent decree in any action challenging the 
constitutionality of conditions of confinement in any prison, jail, 
detention facility, or other correctional institution housing persons 
accused or convicted of a crime or juveniles adjudicated delinquent 
shall provide relief greater than the minimum required to bring the 
conditions of confinement into substantial compliance with the United 
States Constitution.
    ``(b) In entering a consent decree, the court shall make a written 
finding that the relief provided in the decree is no greater than the 
minimum required to bring the conditions of confinement into 
substantial compliance with the United States Constitution. If it 
appears to the court that the relief provided in the decree is greater 
than the minimum required, the court may recommend changes in the 
decree.
``Sec. 3403. Modification of orders or decrees
    ``(a)(1) Upon motion of a defendant at any time, the court may 
conduct a hearing on whether an order or decree described in section 
3401 or 3402 of this title should be modified in light of--
            ``(A) changed factual circumstances affecting the operation 
        of the order or decree, whether or not foreseeable;
            ``(B) a change or clarification of the governing law, 
        whether or not foreseeable;
            ``(C) a succession in office of an official responsible for 
        having consented to a decree;
            ``(D) the government's financial constraints or any other 
        matter affecting public safety or the public interest; or
            ``(E) any ground provided in Rule 60(b) of the Federal 
        Rules of Civil Procedure.
    ``(2) The court shall conduct such a hearing if the motion was 
filed more than one year after the date of the order or decree or the 
date on which the last previous modification hearing was conducted, 
whichever is later.
    ``(b) If the court denies a motion to modify an order or consent 
decree under subsection (a) of this section, the court shall make a 
written finding that the relief provided in the order or decree, as of 
the date of decision, is no greater than the minimum required to bring 
the conditions of confinement into substantial compliance with the 
United States Constitution.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
part VI of title 28, United States Code, is amended by inserting after 
the item relating to chapter 176 the following:

``177. Actions Challenging Conditions of Confinement........    3401''.

SEC. 705. CONVERSION OF PROPERTY AND FACILITIES AT CLOSED OR REALIGNED 
              MILITARY INSTALLATIONS INTO YOUTHFUL OFFENDER BOOT CAMPS.

    (a) Bases Closed or Realigned Under 1990 Base Closure Law.--Section 
2905 of the Defense Base Closure and Realignment Act of 1990 (part A of 
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended by 
adding at the end the following new subsection:
    ``(e) Priority for Conversion to Youthful Offender Boot Camps.--(1) 
Notwithstanding subsection (b), before any action is taken with respect 
to the disposal or transfer of any real property or facility located at 
a military installation to be closed or realigned under this part, the 
Secretary of Defense shall notify the State and each local government 
in which the installation is located and other interested persons of 
the suitability of the property or facility for conversion and use as a 
youthful offender boot camp.
    ``(2) Subject to paragraph (3), the Secretary shall transfer 
(without reimbursement) the property or facilities described in the 
notification to the State, local government, or interested person if 
the State, local government, or person certifies that the property or 
facilities will be promptly converted to and used as a youthful 
offender boot camp.
    ``(3) Any certification submitted under paragraph (2) must be 
received by the Secretary not later than 180 days after the Secretary 
provides the notification required by paragraph (1) and must include a 
conversion and operating plan for the youthful offender boot camp. If 
the Secretary receives more than one certification, the Secretary shall 
select the recipient of the property or facility based upon the quality 
and feasibility of the competing conversion and operating plans. In the 
case of a certification submitted by a private person, the Secretary 
may reject the certification and refuse to transfer the property or 
facility concerned if--
            ``(A) the Secretary determines on the basis of the 
        conversion and operating plan that the person will likely be 
        unable to successfully convert or operate the proposed youthful 
        offender boot camp; or
            ``(B) the State or any local government in which the 
        installation is located opposes the transfer.
    ``(4) As used in this subsection, the term `youthful offender boot 
camp' means a correctional facility operated as a military-style boot 
camp to provide discipline, treatment, and work for adjudicated non-
violent offenders who are between the ages of 14 and 25, inclusive.''.
    (b) Bases Closed or Realigned Under 1988 Base Closure Law.--(1) 
Section 204 of the Defense Authorization Amendments and Base Closure 
and Realignment Act (title II of Public Law 100-526; 10 U.S.C. 2687 
note) is amended by adding at the end the following new subsection:
    ``(d) Priority for Conversion to Youthful Offender Boot Camps.--(1) 
Notwithstanding subsection (b), before any action is taken with respect 
to the disposal or transfer of any real property or facility located at 
a military installation to be closed or realigned under this title, the 
Secretary of Defense shall notify the State and each local government 
in which the installation is located and other interested persons of 
the suitability of the property or facility for conversion and use as a 
youthful offender boot camp
    ``(2) Subject to paragraph (3), the Secretary shall transfer 
(without reimbursement) the property or facilities described in the 
notification to the State, local government, or interested person if 
the State, local government, or person certifies that the property or 
facilities will be promptly converted to and used as a youthful 
offender boot camp.
    ``(3) Any certification submitted under paragraph (2) must be 
received by the Secretary not later than 180 days after the Secretary 
provides the notification required by paragraph (1) and must include a 
conversion and operating plan for the youthful offender boot camp. If 
the Secretary receives more than one certification, the Secretary shall 
select the recipient of the property or facility based upon the quality 
and feasibility of the competing conversion and operating plans. In the 
case of a certification submitted by a private person, the Secretary 
may reject the certification and refuse to transfer the property or 
facility concerned if--
            ``(A) the Secretary determines on the basis of the 
        conversion and operating plan that the person will likely be 
        unable to successfully convert or operate the proposed youthful 
        offender boot camp; or
            ``(B) the State or any local government in which the 
        installation is located opposes the transfer.
    ``(4) As used in this subsection, the term `youthful offender boot 
camp' means a correctional facility operated as a military-style boot 
camp to provide discipline, treatment, and work for adjudicated non-
violent offenders who are between the ages of 14 and 25, inclusive.''.
    (c) Model Youthful Offender Boot Camp.--
            (1) Development.--The Secretary of Defense, in consultation 
        with the Federal Bureau of Prisons and State and local 
        correctional agencies, shall develop a model program intended 
        to incorporate military basic training and other military 
        instruction and disciplinary procedures into the design and 
        operation of youthful offender boot camps at the Federal, 
        State, and local levels.
            (2) Definition.--For purposes of this subsection, the term 
        ``youthful offender boot camp'' means a correctional facility 
        operated as a military-style boot camp to provide discipline, 
        treatment, and work for adjudicated non-violent offenders who 
        are between the ages of 14 and 25, inclusive.

SEC. 706. GRANTS FOR BOOT CAMPS.

    Subsection (a) of section 516 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3762b) is amended--
            (1) by striking ``80'' and inserting ``40''; and
            (2) by striking ``10'' the second place it appears and 
        inserting ``50''.

SEC. 707. RESTRICTED FEDERAL COURT JURISDICTION IN IMPOSING REMEDIES ON 
              STATE AND FEDERAL PRISON SYSTEMS.

    (a) In General.--Title 28, United States Code is amended by 
inserting after chapter 176 the following new chapter:

      ``CHAPTER 177--ACTIONS CHALLENGING CONDITIONS OF CONFINEMENT

``Sec.
``3401. Limitations on remedies.
``3402. Consent decrees.
``3403. Modification of orders or decrees.
``Sec. 3401. Limitations on remedies
    ``(a)(1) If the district court, in any action challenging the 
constitutionality of conditions of confinement in any prison, jail, 
detention facility, or other correctional institution housing persons 
accused or convicted of a crime or juveniles adjudicated delinquent, 
finds that one or more conditions of confinement are in violation of 
the United States Constitution, the court shall narrowly tailor any 
relief to fit the nature and extent of the violations and shall make 
the order no more intrusive than absolutely necessary to ensure that 
the violations are remedied. The court shall have no jurisdiction--
            ``(A) to impose a ceiling on the population of any 
        institution or to require any adjustment of the release dates 
        of inmates; or
            ``(B) to prohibit the use of tents or prefabricated 
        structures for housing inmates.
``Sec. 3402. Consent decrees
    ``(a) No consent decree in any action challenging the 
constitutionality of conditions of confinement in any prison, jail, 
detention facility, or other correctional institution housing persons 
accused or convicted of a crime or juveniles adjudicated delinquent 
shall provide relief greater than the minimum required to bring the 
conditions of confinement into substantial compliance with the United 
States Constitution.
    ``(b) In entering a consent decree, the court shall make a written 
finding that the relief provided in the decree is no greater than the 
minimum required to bring the conditions of confinement into 
substantial compliance with the United States Constitution. If it 
appears to the court that the relief provided in the decree is greater 
than the minimum required, the court may recommend changes in the 
decree.
``Sec. 3403. Modification of orders or decrees
    ``(a)(1) Upon motion of a defendant at any time, the court may 
conduct a hearing on whether an order or decree described in section 
3401 or 3402 of this title should be modified in light of--
            ``(A) changed factual circumstances affecting the operation 
        of the order or decree, whether or not foreseeable;
            ``(B) a change or clarification of the governing law, 
        whether or not foreseeable;
            ``(C) a succession in office of an official responsible for 
        having consented to a decree;
            ``(D) the government's financial constraints or any other 
        matter affecting public safety or the public interest; or
            ``(E) any ground provided in Rule 60(b) of the Federal 
        Rules of Civil Procedure.
    ``(2) The court shall conduct such a hearing if the motion was 
filed more than one year after the date of the order or decree or the 
date on which the last previous modification hearing was conducted, 
whichever is later.
    ``(b) If the court denies a motion to modify an order or consent 
decree under subsection (a) of this section, the court shall make a 
written finding that the relief provided in the order or decree, as of 
the date of decision, is no greater than the minimum required to bring 
the conditions of confinement into substantial compliance with the 
United States Constitution.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
part VI of title 28, United States Code, is amended by inserting after 
the item relating to chapter 176 the following:

``177. Actions Challenging Conditions of Confinement........    3401''.

      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.

    Section 2244 of title 28, United States Code, is amended by adding 
at the end the following:
    ``(d) A one-year period of limitation shall apply to an application 
for a writ of habeas corpus by a person in custody pursuant to the 
judgment of a State court. The limitation period shall run from the 
latest of the following times:
            ``(1) The time at which State remedies are exhausted.
            ``(2) The time at which the impediment to filing an 
        application created by State action in violation of the 
        Constitution or laws of the United States is removed, where the 
        applicant was prevented from filing by such State action.
            ``(3) The time at which the Federal right asserted was 
        initially recognized by the Supreme Court, where the right has 
        been newly recognized by the Court and is retroactively 
        applicable.
            ``(4) The time at which the factual predicate of the claim 
        or claims presented could have been discovered through the 
        exercise of reasonable diligence.''.

SEC. 802. AUTHORITY OF APPELLATE JUDGES TO ISSUE CERTIFICATES OF 
              PROBABLE CAUSE FOR APPEAL IN HABEAS CORPUS AND FEDERAL 
              COLLATERAL RELIEF PROCEEDINGS.

    Section 2253 of title 28, United States Code, is amended to read as 
follows:
``Sec. 2253. Appeal
    ``(a) In a habeas corpus proceeding or a proceeding under section 
2255 of this title before a circuit or district judge, the final order 
shall be subject to review, on appeal, by the court of appeals for the 
circuit where the proceeding is had.
    ``(b) There shall be no right of appeal from such an order in a 
proceeding to test the validity of a warrant to remove, to another 
district or place for commitment or trial, a person charged with a 
criminal offense against the United States, or to test the validity of 
his detention pending removal proceedings.
    ``(c) An appeal may not be taken to the court of appeals from the 
final order in a habeas corpus proceeding where the detention 
complained of arises out of process issued by a State court, or from 
the final order in a proceeding under section 2255 of this title, 
unless a circuit justice or judge issues a certificate of probable 
cause.''.

SEC. 803. CONFORMING AMENDMENT TO THE RULES OF APPELLATE PROCEDURE.

    Federal Rule of Appellate Procedure 22 is amended to read as 
follows:

                               ``RULE 22

              ``habeas corpus and section 2255 proceedings

    ``(a) Application for an Original Writ of Habeas Corpus.--An 
application for a writ of habeas corpus shall be made to the 
appropriate district court. If application is made to a circuit judge, 
the application will ordinarily be transferred to the appropriate 
district court. If an application is made to or transferred to the 
district court and denied, renewal of the application before a circuit 
judge is not favored; the proper remedy is by appeal to the court of 
appeals from the order of the district court denying the writ.
    ``(b) Necessity of Certificate of Probable Cause for Appeal.--In a 
habeas corpus proceeding in which the detention complained of arises 
out of process issued by a State court, and in a motion proceeding 
pursuant to section 2255 of title 28, United States Code, an appeal by 
the applicant or movant may not proceed unless a circuit judge issues a 
certificate of probable cause. If a request for a certificate of 
probable cause is addressed to the court of appeals, it shall be deemed 
addressed to the judges thereof and shall be considered by a circuit 
judge or judges as the court deems appropriate. If no express request 
for a certificate is filed, the notice of appeal shall be deemed to 
constitute a request addressed to the judges of the court of appeals. 
If an appeal is taken by a State or the Government or its 
representative, a certificate of probable cause is not required.''.

SEC. 804. DISCRETION TO DENY HABEAS CORPUS APPLICATION DESPITE FAILURE 
              TO EXHAUST STATE REMEDIES.

    Section 2254(b) of title 28, United State Code, is amended to read 
as follows:
    ``(b) An application for a writ of habeas corpus in behalf of a 
person in custody pursuant to the judgment of a State court shall not 
be granted unless it appears that the applicant has exhausted the 
remedies available in the courts of the State, or that there is either 
an absence of available State corrective process or the existence of 
circumstances rendering such process ineffective to protect the rights 
of the applicant. An application may be denied on the merits 
notwithstanding the failure of the applicant to exhaust the remedies 
available in the courts of the State.''.

SEC. 805. PERIOD OF LIMITATION FOR FEDERAL PRISONERS FILING FOR 
              COLLATERAL REMEDY.

    Section 2255 of title 28, United States Code, is amended by 
striking the second paragraph and the penultimate paragraph thereof, 
and by adding at the end the following new paragraphs:
    ``A two-year period of limitation shall apply to a motion under 
this section. The limitation period shall run from the latest of the 
following times:
            ``(1) The time at which the judgment of conviction becomes 
        final.
            ``(2) The time at which the impediment to making a motion 
        created by governmental action in violation of the Constitution 
        or laws of the United States is removed, where the movant was 
        prevented from making a motion by such governmental action.
            ``(3) The time at which the right asserted was initially 
        recognized by the Supreme Court, where the right has been newly 
        recognized by the Court and is retroactively applicable.
            ``(4) The time at which the factual predicate of the claim 
        or claims presented could have been discovered through the 
        exercise of reasonable diligence.''.

 Subtitle B--Special Procedures for Collateral Proceedings in Capital 
                                 Cases

SEC. 811. DEATH PENALTY LITIGATION PROCEDURES.

    Title 28, United States Code, is amended by inserting the following 
new chapter immediately following chapter 153:

    ``CHAPTER 154--SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES

``Sec.
``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.
``Sec. 2256. Prisoners in State custody subject to capital sentence; 
              appointment of counsel; requirement of rule of court or 
              statute; procedures for appointment
    ``(a) This chapter shall apply to cases arising under section 2254 
brought by prisoners in State custody who are subject to a capital 
sentence. It shall apply only if the provisions of subsections (b) and 
(c) are satisfied.
    ``(b) This chapter is applicable if a State establishes by rule of 
its court of last resort or by statute a mechanism for the appointment, 
compensation and payment of reasonable litigation expenses of competent 
counsel in State postconviction proceedings brought by indigent 
prisoners whose capital convictions and sentences have been upheld on 
direct appeal to the court of last resort in the State or have 
otherwise become final for State law purposes. The rule of court or 
statute must provide standards of competency for the appointment of 
such counsel.
    ``(c) Any mechanism for the appointment, compensation and 
reimbursement of counsel as provided in subsection (b) must offer 
counsel to all State prisoners under capital sentence and must provide 
for the entry of an order by a court of record: (1) appointing one or 
more counsel to represent the prisoner upon a finding that the prisoner 
is indigent and accepted the offer or is unable competently to decide 
whether to accept or reject the offer; (2) finding, after a hearing if 
necessary, that the prisoner rejected the offer of counsel and made the 
decision with an understanding of its legal consequences; or (3) 
denying the appointment of counsel upon a finding that the prisoner is 
not indigent.
    ``(d) No counsel appointed pursuant to subsections (b) and (c) to 
represent a State prisoner under capital sentence shall have previously 
represented the prisoner at trial or on direct appeal in the case for 
which the appointment is made unless the prisoner and counsel expressly 
request continued representation.
    ``(e) The ineffectiveness or incompetence of counsel during State 
or Federal collateral postconviction proceedings in a capital case 
shall not be a ground for relief in a proceeding arising under section 
2254 of this chapter. This limitation shall not preclude the 
appointment of different counsel, on the court's own motion or at the 
request of the prisoner, at any phase of State or Federal 
postconviction proceedings on the basis of the ineffectiveness or 
incompetence of counsel in such proceedings.
``Sec. 2257. Mandatory stay of execution; duration; limits on stays of 
              execution; successive petitions
    ``(a) Upon the entry in the appropriate State court of record of an 
order under section 2256(c), a warrant or order setting an execution 
date for a State prisoner shall be stayed upon application to any court 
that would have jurisdiction over any proceedings filed under section 
2254. The application must recite that the State has invoked the 
postconviction review procedures of this chapter and that the scheduled 
execution is subject to stay.
    ``(b) A stay of execution granted pursuant to subsection (a) shall 
expire if--
            ``(1) a State prisoner fails to file a habeas corpus 
        petition under section 2254 within the time required in section 
        2258, or fails to make a timely application for court of 
        appeals review following the denial of such a petition by a 
        district court;
            ``(2) upon completion of district court and court of 
        appeals review under section 2254 the petition for relief is 
        denied and (A) the time for filing a petition for certiorari 
        has expired and no petition has been filed; (B) a timely 
        petition for certiorari was filed and the Supreme Court denied 
        the petition; or (C) a timely petition for certiorari was filed 
        and upon consideration of the case, the Supreme Court disposed 
        of it in a manner that left the capital sentence undisturbed; 
        or
            ``(3) before a court of competent jurisdiction, in the 
        presence of counsel and after having been advised of the 
        consequences of his decision, a State prisoner under capital 
        sentence waives the right to pursue habeas corpus review under 
        section 2254.
    ``(c) If one of the conditions in subsection (b) has occurred, no 
Federal court thereafter shall have the authority to enter a stay of 
execution or grant relief in a capital case unless--
            ``(1) the basis for the stay and request for relief is a 
        claim not previously presented in the State or Federal courts;
            ``(2) the failure to raise the claim is (A) the result of 
        State action in violation of the Constitution or laws of the 
        United States; (B) the result of the Supreme Court recognition 
        of a new Federal right that is retroactively applicable; or (C) 
        based on a factual predicate that could not have been 
        discovered through the exercise of reasonable diligence in time 
        to present the claim for State or Federal postconviction 
        review; and
            ``(3) the facts underlying the claim would be sufficient, 
        if proven, to undermine the court's confidence in the 
        determination of guilt on the offense or offenses for which the 
        death penalty was imposed.
``Sec. 2258. Filing of habeas corpus petition; time requirements; 
              tolling rules
    ``Any petition for habeas corpus relief under section 2254 must be 
filed in the appropriate district court within one hundred and eighty 
days from the filing in the appropriate State court of record of an 
order under section 2256(c). The time requirements established by this 
section shall be tolled--
            ``(1) from the date that a petition for certiorari is filed 
        in the Supreme Court until the date of final disposition of the 
        petition if a State prisoner files the petition to secure 
        review by the Supreme Court of the affirmance of a capital 
        sentence on direct review by the court of last resort of the 
        State or other final State court decision on direct review;
            ``(2) during any period in which a State prisoner under 
        capital sentence has a properly filed request for 
        postconviction review pending before a State court of competent 
        jurisdiction; if all State filing rules are met in a timely 
        manner, this period shall run continuously from the date that 
        the State prisoner initially files for postconviction review 
        until final disposition of the case by the highest court of the 
        State, but the time requirements established by this section 
        are not tolled during the pendency of a petition for certiorari 
        before the Supreme Court except as provided in paragraph (1); 
        and
            ``(3) during an additional period not to exceed sixty days, 
        if (A) a motion for an extension of time is filed in the 
        Federal district court that would have proper jurisdiction over 
        the case upon the filing of a habeas corpus petition under 
        section 2254; and (B) a showing of good cause is made for the 
        failure to file the habeas corpus petition within the time 
        period established by this section.
``Sec. 2259. Evidentiary hearings; scope of Federal review; district 
              court adjudication
    ``(a) Whenever a State prisoner under a capital sentence files a 
petition for habeas corpus relief to which this chapter applies, the 
district court shall--
            ``(1) determine the sufficiency of the record for habeas 
        corpus review based on the claims actually presented and 
        litigated in the State courts except when the prisoner can show 
        that the failure to raise or develop a claim in the State 
        courts is (A) the result of State action in violation of the 
        Constitution or laws of the United States; (B) the result of 
        the Supreme Court recognition of a new Federal right that is 
        retroactively applicable; or (C) based on a factual predicate 
        that could not have been discovered through the exercise of 
        reasonable diligence in time to present the claim for State 
        postconviction review; and
            ``(2) conduct any requested evidentiary hearing necessary 
        to complete the record for habeas corpus review.
    ``(b) Upon the development of a complete evidentiary record, the 
district court shall rule on the claims that are properly before it.
``Sec. 2260. Certificate of probable cause inapplicable
    ``The requirement of a certificate of probable cause in order to 
appeal from the district court to the court of appeals does not apply 
to habeas corpus cases subject to the provisions of this chapter except 
when a second or successive petition is filed.
``Sec. 2261. Application to State unitary review procedure
    ``(a) For purposes of this section, a `unitary review' procedure 
means a State procedure that authorizes a person under sentence of 
death to raise, in the course of direct review of the judgment, such 
claims as could be raised on collateral attack. The provisions of this 
chapter shall apply, as provided in this section, in relation to a 
State unitary review procedure if the State establishes by rule of its 
court of last resort or by statute a mechanism for the appointment, 
compensation and payment of reasonable litigation expenses of competent 
counsel in the unitary review proceedings, including expenses relating 
to the litigation of collateral claims in the proceedings. The rule of 
court or statute must provide standards of competency for the 
appointment of such counsel.
    ``(b) A unitary review procedure, to qualify under this section, 
must include an offer of counsel following trial for the purpose of 
representation on unitary review, and entry of an order, as provided in 
section 2256(c), concerning appointment of counsel or waiver or denial 
of appointment of counsel for that purpose. No counsel appointed to 
represent the prisoner in the unitary review proceedings shall have 
previously represented the prisoner at trial in the case for which the 
appointment is made unless the prisoner and counsel expressly request 
continued representation.
    ``(c) Sections 2257, 2258, 2259, 2260, and 2262 shall apply in 
relation to cases involving a sentence of death from any State having a 
unitary review procedure that qualifies under this section. References 
to State `post-conviction review' and `direct review' in those sections 
shall be understood as referring to unitary review under the State 
procedure. The references in sections 2257(a) and 2258 to `an order 
under section 2256(c)' shall be understood as referring to the post-
trial order under subsection (b) concerning representation in the 
unitary review proceedings, but if a transcript of the trial 
proceedings is unavailable at the time of the filing of such an order 
in the appropriate State court, then the start of the one hundred and 
eighty day limitation period under section 2258 shall be deferred until 
a transcript is made available to the prisoner or his counsel.
``Sec. 2262. Limitation periods for determining petitions
    ``(a) The adjudication of any petition under section 2254 of title 
28, United States Code, that is subject to this chapter, and the 
adjudication of any motion under section 2255 of title 28, United 
States Code, by a person under sentence of death, shall be given 
priority by the district court and by the court of appeals over all 
noncapital matters. The adjudication of such a petition or motion shall 
be subject to the following time limitations:
            ``(1) A Federal district court shall determine such a 
        petition or motion within 180 days of filing.
            ``(2)(A) The court of appeals shall hear and determine any 
        appeal relating to such a petition or motion within 180 days 
        after the notice of appeal is filed.
            ``(B) The court of appeals shall decide any application for 
        rehearing en banc within 30 days of the filing of such 
        application unless a responsive pleading is required in which 
        case the court of appeals shall decide the application within 
        30 days of the filing of the responsive pleading. If en banc 
        consideration is granted, the en banc court shall determine the 
        appeal within 180 days of the decision to grant such 
        consideration.
    ``(b) The time limitations under subsection (a) shall apply to an 
initial petition or motion, and to any second or successive petition or 
motion. The same limitations shall also apply to the re-determination 
of a petition or motion or related appeal following a remand by the 
court of appeals or the Supreme Court for further proceedings, and in 
such a case the limitation period shall run from the date of the 
remand.
    ``(c) The time limitations under this section shall not be 
construed to entitle a petitioner or movant to a stay of execution, to 
which the petitioner or movant would otherwise not be entitled, for the 
purpose of litigating any petition, motion, or appeal.
    ``(d) The failure of a court to meet or comply with the time 
limitations under this section shall not be a ground for granting 
relief from a judgment of conviction or sentence. The State or 
Government may enforce the time limitations under this section by 
applying to the court of appeals or the Supreme Court for a writ of 
mandamus.
    ``(e) The Administrative Office of United States Courts shall 
report annually to Congress on the compliance by the courts with the 
time limits established in this section.
``Sec. 2263. Rule of construction
    ``This chapter shall be construed to promote the expeditious 
conduct and conclusion of State and Federal court review in capital 
cases.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
part VI of title 28, United States Code, is amended by inserting after 
the item relating to chapter 153 the following new item:

``154. Special habeas corpus procedures in capital cases....    2256''.

 Subtitle C--Funding for Litigation of Federal Habeas Corpus Petitions 
                            in Capital Cases

SEC. 821. FUNDING FOR DEATH PENALTY PROSECUTIONS.

    Part E of title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the 
following new section:
    ``Sec. 515. Notwithstanding any other provision of this subpart, 
the Director shall provide grants to the States, from the funding 
allocated pursuant to section 511, for the purpose of supporting 
litigation pertaining to Federal habeas corpus petitions in capital 
cases. The total funding available for such grants within any fiscal 
year shall be equal to the funding provided to capital resource 
centers, pursuant to Federal appropriation, in the same fiscal year.''.

                      TITLE IX--PUBLIC CORRUPTION

SEC. 901. OFFENSES.

    (a) Offenses.--Chapter 11 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec.  226. Public corruption
    ``(a) State and Local Government.--
            ``(1) Honest services.--Whoever, in a circumstance 
        described in paragraph (3), deprives or defrauds, or endeavors 
        to deprive or to defraud, by any scheme or artifice, the 
        inhabitants of a State of the honest services of an official of 
        that State, shall be fined under this title, or imprisoned for 
        not more than 10 years, or both.
            ``(2) Fair and impartial elections.--Whoever, in a 
        circumstance described in paragraph (3), deprives or defrauds, 
        or endeavors to deprive or to defraud, by any scheme or 
        artifice, the inhabitants of a State of a fair and impartially 
        conducted election process in any primary, run-off, special, or 
        general election--
                    ``(A) through the procurement, casting, or 
                tabulation of ballots that are materially false, 
                fictitious, or fraudulent, or that are invalid, under 
                the laws of the State in which the election is held;
                    ``(B) through paying or offering to pay any person 
                for voting;
                    ``(C) through the procurement or submission of 
                voter registrations that contain false material 
                information, or omit material information; or
                    ``(D) through the filing of any report required to 
                be filed under State law regarding an election campaign 
                that contains false material information or omits 
                material information;
        shall be fined under this title or imprisoned for not more than 
        10 years, or both.
            ``(3) Circumstances in which offense occurs.--The 
        circumstances referred to in paragraphs (1) and (2) are that--
                    ``(A) for the purpose of executing or concealing a 
                scheme or artifice described in paragraph (1) or (2) or 
                attempting to do so, a person--
                            ``(i) places in any post office or 
                        authorized depository for mail matter, any 
                        matter or thing to be sent or delivered by the 
                        Postal Service, or takes or receives from any 
                        such post office or depository, any such matter 
                        or thing, or knowingly causes to be delivered 
                        by mail according to the direction on the mail, 
                        or at the place at which it is directed to be 
                        delivered by the person to whom it is 
                        addressed, any such matter or thing;
                            ``(ii) transports or causes to be 
                        transported any person or thing, or induces any 
                        person to travel in or to be transported in, 
                        interstate or foreign commerce; or
                            ``(iii) uses or causes the use of any 
                        facility in interstate or foreign commerce;
                    ``(B) the scheme or artifice affects or constitutes 
                an attempt to affect in any manner or degree, or would 
                if executed or concealed so affect, interstate or 
                foreign commerce; or
                    ``(C) in the case of an offense described in 
                paragraph (2), an objective of the scheme or artifice 
                is to secure the election of an official who, if 
                elected, would have some authority over the 
                administration of funds derived from an Act of Congress 
                totaling $10,000 or more during the 12-month period 
                immediately preceding or following the election or date 
                of the offense.
    ``(b) Federal Government.--Whoever deprives or defrauds, or 
endeavors to deprive or to defraud, by any scheme or artifice, the 
inhabitants of the United States of the honest services of an official 
of the United States shall be fined under this title or imprisoned for 
not more than 10 years, or both.
    ``(c) Offense by an Official Against an Employee or Official.--
            ``(1) Criminal offense.--Whoever, being an official of a 
        State or the United States, directly or indirectly, discharges, 
        demotes, suspends, threatens, harasses, or, in any manner, 
        discriminates against another official of a State or the United 
        States, or endeavors to do so, in order to carry out or to 
        conceal a scheme or artifice described in subsection (a) or 
        (b), shall be fined under this title or imprisoned for not more 
        than 5 years, or both.
            ``(2) Civil action.--(A) Any official who is discharged, 
        demoted, suspended, threatened, harassed, or in any other 
        manner discriminated against because of lawful acts done by the 
        official as a result of a violation of subsection (a) or (b) or 
        because of actions by the official on behalf of himself or 
        herself or others in furtherance of a prosecution under 
        subsection (a) or (b) (including investigation for, initiation 
        of, testimony for, or assistance in such a prosecution) may, in 
        a civil action, obtain all relief necessary to make such 
        individual whole, including--
                    ``(i) reinstatement with the same seniority status 
                the official would have had but for the violation of 
                paragraph (1);
                    ``(ii) 3 times the amount of back pay;
                    ``(iii) interest on the back pay; and
                    ``(iv) compensation for any special damages 
                sustained as a result of the violation of paragraph 
                (1), including reasonable litigation costs and 
                reasonable attorney's fees.
            ``(B) An individual is not eligible for relief under 
        subparagraph (A) if that individual participated in the 
        violation of subsection (a) or (b) with respect to which such 
        relief is sought.
            ``(C) A civil action or proceeding authorized by this 
        paragraph shall be stayed by a court upon the certification of 
        an attorney for the Government that prosecution of the action 
        or proceeding may adversely affect the interests of the 
        Government in a pending criminal investigation or proceeding. 
        The attorney for the Government shall promptly notify the court 
        when the stay may be lifted without such adverse effects.
    ``(d) Definitions.--As used in this section--
            ``(1) the term `official' means--
                    ``(A) in the case of an official of a State--
                            ``(i) any person employed by, exercising 
                        any authority derived from, or holding any 
                        position in the government of a State, 
                        including any department, independent 
                        establishment, commission, administration, 
                        authority, board, or bureau, or a corporation 
                        or other legal entity established and subject 
                        to control by a State for the execution of a 
                        program of such State;
                            ``(ii) a juror;
                            ``(iii) any person acting or pretending to 
                        act under color of official authority; and
                            ``(iv) any person who has been nominated, 
                        appointed, or selected to be an official 
                        described in clause (i), (ii), or (iii) or who 
                        has been officially informed that he or she 
                        will be so nominated, appointed, or selected; 
                        and
                    ``(B) in the case of an official of the United 
                States--
                            ``(i) an officer or employee or person 
                        acting for or on behalf of the United States, 
                        or any department, agency, or branch of the 
                        United States Government in any official 
                        function, under or by authority of any such 
                        department, agency, or branch of Government;
                            ``(ii) a juror;
                            ``(iii) any person acting or pretending to 
                        act under color of official authority; and
                            ``(iv) any person who has been nominated, 
                        appointed, or selected to be an official 
                        described in clause (i), (ii), or (iii), or has 
                        been officially informed that he or she will be 
                        so nominated, appointed, or selected;
            ``(2) the term `person acting or pretending to act under 
        color of official authority' means any person who represents 
        that he or she controls, is an agent of, or otherwise acts on 
        behalf of an official;
            ``(3) the term `State' means a State of the United States, 
        the District of Columbia, any commonwealth, territory, or 
        possession of the United States, and any political subdivision 
        of such State, District, commonwealth, territory, or 
        possession; and
            ``(4) the term `uses any facility in interstate or foreign 
        commerce' includes the intrastate use of any facility that may 
        also be used in interstate or foreign commerce.''.
    (b) Technical and Conforming Amendments.--(1) The table of sections 
at the beginning of chapter 11 of title 18, United States Code, is 
amended by adding at the end the following item:

``226. Public corruption.''.
    (2) Section 1961(1) of title 18, United States Code, is amended by 
inserting ``section 226 (relating to public corruption),'' after 
``section 224 (relating to sports bribery),''.
    (3) Section 2516(1)(c) of title 18, United States Code, is amended 
by inserting ``section 226 (relating to public corruption),'' after 
``section 224 (bribery in sporting contests),''.

SEC. 902. INTERSTATE COMMERCE.

    (a) In General.--Section 1343 of title 18, United States Code, is 
amended--
            (1) by striking ``transmits or causes to be transmitted by 
        means of wire, radio, or television communication in interstate 
        or foreign commerce, any writings, signs, signals, pictures, or 
        sounds'' and inserting ``uses or causes to be used any facility 
        in interstate or foreign commerce (as defined in section 
        226(d)(5) of this title)''; and
            (2) by inserting ``or attempting to do so'' after ``for the 
        purpose of executing such scheme or artifice''.
    (b) Conforming Amendments.--(1) The section caption for section 
1343 of title 18, United States Code, is amended to read as follows:
``Sec. 1343. Fraud by use of facility in interstate commerce''.
    (2) The table of sections at the beginning of chapter 63 of title 
18, United States Code, is amended by striking the item relating to 
section 1343 and inserting the following:

``1343. Fraud by use of facility in interstate commerce.''.

SEC. 903. NARCOTICS-RELATED PUBLIC CORRUPTION.

    (a) In General.--Chapter 11 of title 18, United States Code, is 
amended by inserting after section 219 the following:
``Sec.  220. Narcotics and public corruption
    ``(a) Offense by Public Official.--Any public official who, in a 
circumstance described in subsection (c), directly or indirectly, 
corruptly demands, seeks, receives, accepts, or agrees to receive or 
accept anything of value personally or for any other person in return 
for--
            ``(1) being influenced in the performance or nonperformance 
        of any official act; or
            ``(2) being influenced to commit or to aid in committing, 
        or to collude in, or to allow or make opportunity for the 
        commission of any offense against the United States or any 
        State;
shall be guilty of a class B felony.
    ``(b) Offense by Person Other Than a Public Official.--Any person 
who, in a circumstance described in subsection (c), directly or 
indirectly, corruptly gives, offers, or promises anything of value to 
any public official, or offers or promises any public official to give 
anything of value to any other person, with the intent--
            ``(1) to influence any official act;
            ``(2) to influence the public official to commit or aid in 
        committing, or to collude in, or to allow or make opportunity 
        for the commission of any offense against the United States or 
        any State; or
            ``(3) to influence the public official to do or to omit to 
        do any act in violation of such official's lawful duty;
shall be guilty of a class B felony.
    ``(c) Circumstances in Which Offense Occurs.--The circumstances 
referred to in subsections (a) and (b) are that the offense involves, 
is part of, or is intended to further or to conceal the illegal 
possession, importation, manufacture, transportation, or distribution 
of any controlled substance or controlled substance analogue.
    ``(d) Definitions.--As used in this section--
            ``(1) the terms `controlled substance' and `controlled 
        substance analogue' have the meanings given those terms in 
        section 102 of the Controlled Substances Act;
            ``(2) the term `official act' means any decision, action, 
        or conduct regarding any question, matter, proceeding, cause, 
        suit, investigation, or prosecution which may at any time be 
        pending, or which may be brought before any public official, in 
        such official's official capacity, or in such official's place 
        of trust or profit;
            ``(3) the term `public official' means--
                    ``(A) an officer or employee or person acting for 
                or on behalf of the United States, or any department, 
                agency, or branch of the United States Government in 
                any official function, under or by authority of any 
                such department, agency, or branch of Government;
                    ``(B) a juror;
                    ``(C) an officer or employee or person acting for 
                or on behalf of the government of any State, or any 
                political subdivision of a State, in any official 
                function, under or by the authority of any such State 
                or political subdivision; and
                    ``(D) any person who has been nominated or 
                appointed to a position described in subparagraph (A), 
                (B), or (C), or has been officially informed that he or 
                she will be so nominated or appointed; and
            ``(4) the term `State' means a State of the United States, 
        the District of Columbia, and any commonwealth, territory, or 
        possession of the United States.''.
    (b) Technical Amendments.--(1) Section 1961(1) of title 18, United 
States Code, is amended by inserting ``section 220 (relating to 
narcotics and public corruption),'' after ``Section 201 (relating to 
bribery),''.
    (2) Section 2516(1)(c) of title 18, United States Code, is amended 
by inserting ``section 220 (relating to narcotics and public 
corruption),'' after ``section 201 (bribery of public officials and 
witnesses),''.
    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 11 of title 18, United States Code, is amended by inserting 
after the item for section 219 the following:

``220. Narcotics and public corruption.''.

                            TITLE X--FUNDING

SEC. 1001. REDUCTION IN OVERHEAD COSTS INCURRED IN FEDERALLY SPONSORED 
              RESEARCH.

    (a) CBO Scoring.--The Congressional Budget Office estimates that 
the reduction in overhead payments for federally funded university 
research required by this section will produce savings of 
$1,540,000,000 over 5 years ($150,000,000 for fiscal year 1994, 
$310,000,000 for fiscal year 1995, $350,000,000 for fiscal year 1996, 
$360,000,000 for fiscal year 1997, and $370,000,000 for fiscal year 
1998).
    (b) Limitation.--Notwithstanding any other law, on and after the 
date of the enactment of this Act, each head of a Federal agency making 
a grant to or entering into a contract with, an institution of higher 
education for research and development, shall reduce the overhead 
payment rate under the grant or contract to 90 percent of the current 
level and return the amount saved to the general fund of the Treasury.
    (c) Definitions.--In this section--
            (1) the term ``institution of higher education'' has the 
        meaning stated in section 1201(a) of the Higher Education Act 
        of 1965 (20 U.S.C. 1141(a)); and
            (2) the term ``Federal agency'' means a department, agency, 
        or instrumentality of the Federal Government (including an 
        executive agency (as defined in section 105 of title 5, United 
        States Code)).

SEC. 1002. OVERHEAD EXPENSE REDUCTION.

    (a) CBO Scoring.--The Congressional Budget Office estimates that 
the reduction in administrative costs required by this section will 
produce savings of $6,000,000,000 over 5 years ($1,200,000,000 in each 
of fiscal years 1994, 1995, 1996, 1997, and 1998).
    (b) Reduction.--The overhead expenses identified and reduced by the 
President in Executive Order 12837 are hereby reduced by an additional 
5 percent. The reduction required by this section shall be taken from 
the total of such expenses before the reduction by the President.

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