I

103D CONGRESS

2D SESSION H. R. 4848

To control crime.

IN THE HOUSE OF REPRESENTATIVES

JULY 28, 1994

Mr. DICKEY introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To control crime.

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

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

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

5 ‘‘People’s Protection Crime Control Act of 1994’’.

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

7 this Act is as follows:

Sec. 1. Short title and table of contents.

TITLE I—PUBLIC SAFETY AND POLICING

Subtitle A—Cops on the Beat

Sec. 101. Short title.

Sec. 102. Findings and purposes.

Sec. 103. Community policing; ‘‘Cops on the Beat’’.

Subtitle B—Safe Schools
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Sec. 111. Increased penalties for drug trafficking near schools.

Sec. 112. Federal safe school districts.

Sec. 113. Enhanced penalty for violation of the Gun-Free School Zones Act.

Subtitle C—Criminal Street Gangs; Crimes Against Children; Parental

Accountability

Sec. 121. Criminal street gangs offenses.

Sec. 122. Drive-by shootings.

Sec. 123. Addition of anti-gang Byrne grant funding objective.

Sec. 124. Increased penalties for drug trafficking near public housing.

Sec. 125. Parental accountability.

Sec. 126. Death penalty for murder during the sexual exploitation of children.

Sec. 127. Increased penalties for sex offenses against victims below the age of

16.

Sec. 128. Penalties for international trafficking in child pornography.

Sec. 129. State legislation regarding child pornography.

Sec. 130. National registration of convicted child abusers.

Sec. 131. Increased penalties for assaults against children.

Sec. 132. Offense of inducing minors or other persons to use steroids.

Sec. 133. Increased penalties for drug distribution to pregnant women.

Sec. 134. Interstate enforcement of child support orders.

Sec. 135. Inclusion in consumer credit reports of information on overdue child

support obligations of the consumer.

Sec. 136. Crimes involving the use of minors as RICO predicates.

Sec. 137. Increased penalties for using minors in drug trafficking and drug distribution to minors.

Sec. 138. Increased penalties for using a minor in commission of a Federal offense.

Sec. 139. International parental kidnapping.

Sec. 140. State court programs regarding international parental child abduction.

Subtitle D—Punishment of Serious Juvenile Offenders

Sec. 151. Serious juvenile drug offenses as Armed Career Criminal Act predicates.

Sec. 152. Prosecution as adults of violent juvenile offenders.

Sec. 153. Amendments concerning records of crimes committed by juveniles.

TITLE II—STATE PRISON CONSTRUCTION GRANTS

Sec. 201. Grants.

Sec. 202. Federal funds.

Sec. 203. Authorization of appropriations.

Sec. 204. Definitions.

TITLE III—ELIMINATION OF DELAYS IN CARRYING OUT

SENTENCES

Subtitle A—Post Conviction Petitions: General Habeas Corpus Reform

Sec. 301. Period of limitation for filing writ of habeas corpus following final

judgment of a State court.

Sec. 302. Authority of appellate judges to issue certificates of probable cause

for appeal in habeas corpus and Federal collateral relief proceedings.
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Sec. 303. Conforming amendment to the rules of appellate procedure.

Sec. 304. Discretion to deny habeas corpus application despite failure to exhaust State remedies.

Sec. 305. Period of limitation for Federal prisoners filing for collateral remedy.

Subtitle B—Special Procedures for Collateral Proceedings in Capital Cases

Sec. 311. Death penalty litigation procedures.

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

Capital Cases

Sec. 321. Funding for death penalty prosecutions.

TITLE IV—TWO STRIKES, YOU’RE OUT

Sec. 401. Life imprisonment or death penalty for second violent felony conviction.

TITLE V—TAKING PRISONERS OFF THE STREETS

Subtitle A—Expanding Prison Capacity

Sec. 501. Non-applicability of Davis-Bacon to prison construction.

Subtitle B—Restriction on Court Jurisdiction

Sec. 502. Restricted Federal court jurisdiction in imposing remedies on State

and Federal prison systems.

Subtitle C—Limitation of Prisoners’ Rights

Sec. 511. Exhaustion requirement.

Sec. 512. Frivolous actions.

Sec. 513. Modification of required minimum standards.

Sec. 514. Review and certification procedure changes.

Sec. 515. Proceedings in forma pauperis.

Subtitle D—Prison Governance

Sec. 521. Corporal punishment.

Sec. 522. Incentive for work.

TITLE VI—VICTIMS RIGHTS

Subtitle A—Generally

Sec. 601. Notification on release of prisoners.

Sec. 602. Amendment of restitution provisions.

Sec. 603. Right of the victim to an impartial jury.

Sec. 604. Victim’s right of allocution in sentencing.

Sec. 605. Prohibition of retaliatory killings of witnesses, victims and informants.

Subtitle B—Admissibility of Evidence

Sec. 611. Admissibility of evidence of similar crimes in sex offense cases.

Sec. 612. Extension and strengthening of rape victim shield law.

Sec. 613. Inadmissibility of evidence to show provocation or invitation by victim

in sex offense cases.
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Subtitle C—Good Faith Exemption to the Exclusionary Rule

Sec. 621. Admissibility of certain evidence.

TITLE VII—PROTECTION OF WOMEN

Subtitle A—Spouse Abuse and Stalking

Sec. 701. Interstate travel to commit spouse abuse or to violate protective

order; interstate stalking.

Sec. 702. Full faith and credit for protective orders.

Subtitle B—Victims of Sexual Violence

Sec. 711. Civil remedy for victims of sexual violence.

Sec. 712. Extension and strengthening of restitution.

Sec. 713. Pre-trial detention in sex offense cases.

Subtitle C—Punishment of Sex Offenders

Sec. 721. Death penalty for rape and child molestation murders.

Sec. 722. Increased penalties for recidivist sex offenders.

Sec. 723. Sentencing guidelines increase for sex offenses.

Sec. 724. HIV testing and penalty enhancement in sexual offense cases.

Subtitle D—Rural Domestic Violence and Child Abuse Enforcement

Sec. 731. Rural domestic violence and child abuse enforcement assistance.

TITLE VIII—CRIMINAL ALIENS AND ALIEN SMUGGLING

Subtitle A—Deportation of Criminal Aliens

Sec. 801. Expediting criminal alien deportation and exclusion.

Sec. 802. Authorizing registration of aliens on criminal probation or criminal

parole.

Sec. 803. Expansion in definition of ‘‘aggravated felony’’.

Sec. 804. Deportation procedures for certain criminal aliens who are not permanent residents.

Sec. 805. Judicial deportation.

Sec. 806. Restricting defenses to deportation for certain criminal aliens.

Sec. 807. Enhancing penalties for failing to depart, or reentering, after final

order of deportation.

Sec. 808. Miscellaneous and technical changes.

Sec. 809. Authorization of appropriations for criminal alien information system.

Subtitle B—Prevention and Punishment of Alien Smuggling

Sec. 811. Border patrol agents.

Sec. 812. Border patrol investigators.

Sec. 813. Including alien smuggling as a racketeering activity for purposes of

Racketeering Influenced and Corrupt Organizations (RICO)

enforcement authority.

Sec. 814. Enhanced penalties for employers who knowingly employ smuggled

aliens.

Sec. 815. Enhanced penalties for certain alien smuggling.

Sec. 816. Expanded forfeiture for smuggling or harboring illegal aliens.

Sec. 817. Compensation for incarceration of undocumented criminal aliens.
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TITLE IX—INSTANT CHECK, RURAL DRUG TASK FORCES, AND

ENHANCED DRUG PENALTIES

Subtitle A—Instant Check System for Handgun Purchases

Sec. 901. Definitions.

Sec. 902. State instant criminal check systems for handgun purchases.

Sec. 903. Amendment of chapter 44 of title 18, United States Code.

Sec. 904. Establishment and operation of criminal history system.

Sec. 905. Operation of system for purpose of screening handgun purchasers.

Sec. 906. Improvement of criminal justice records.

Sec. 907. Access to State criminal records.

Sec. 908. Improvements in State records.

Sec. 909. Funding of State criminal records systems and dedication of funds.

Sec. 910. Authorization of appropriations.

Subtitle B—Drug Trafficking in Rural Areas

Sec. 911. Authorizations for rural law enforcement agencies.

Sec. 912. Rural crime and drug enforcement task forces.

Sec. 913. Cross-designation of Federal officers.

Sec. 914. Rural drug enforcement training.

Sec. 915. More agents for the Drug Enforcement Administration.

Subtitle C—Miscellaneous

Sec. 921. Enhancement of penalties for drug trafficking in prisons.

Sec. 922. Crack penalty amendments.

TITLE X—MISCELLANEOUS

Sec. 1001. Awards of Pell grants to prisoners prohibited.

Sec. 1002. Professional and commerical licences.

Sec. 1003. Limitations on payment of OASDI benefits to prisoners.

Sec. 1004. Limitation on use of veterans’ educational assistance by prisoners.

TITLE XI—PENALTIES FOR HARASSMENT OR OBSTRUCTION OF

LAWFUL HUNTING

Sec. 1101. Short title.

Sec. 1102. Findings.

Sec. 1103. Definitions.

Sec. 1104. Obstruction of a lawful hunt.

Sec. 1105. Civil penalties.

Sec. 1106. Other relief.

Sec. 1107. Relationship to State and local law and civil actions.

Sec. 1108. Regulations.

TITLE XII—VIOLENT CRIME REDUCTION TRUST FUND

Sec. 1201. Purposes.

Sec. 1202. Reduction of Federal full-time equivalent positions.

Sec. 1203. Creation of Violent Crime Reduction Trust Fund.

Sec. 1204. Conforming reduction in discretionary spending limits.
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1 TITLE I—PUBLIC SAFETY AND

2 POLICING

3 Subtitle A—Cops on the Beat

4 SEC. 101. SHORT TITLE.

5 This title may be cited as the ‘‘Public Safety Partner6 ship and Community Policing Act of 1994’’.

7 SEC. 102. FINDINGS AND PURPOSES.

8 (a) FINDINGS.—The Congress finds that—

9 (1) according to data compiled by the Federal

10 Bureau of Investigation, in 1961, there was approxi11 mately 1 reported violent crime per city police offi12 cer, but while from 1961 to 1991 there was no sub13 stantial increase in United States cities’ police em14 ployment rate, during the same period the number

15 of reported violent crimes per city police officer rose

16 to approximately 4.6 per officer;

17 (2) National Crime Survey figures indicate that

18 nearly 5,000,000 households in the United States

19 had at least 1 member who had been a victim of vio20 lent crime during 1991;

21 (3) these victims of violence experienced more

22 than 6,400,000 crimes of which about one-half were

23 reported to law enforcement authorities;

24 (4) community-oriented policing (‘‘cops on the

25 beat’’) enhances communication and cooperation be-
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1 tween law enforcement and members of the commu2 nity;

3 (5) such communication and cooperation be4 tween law enforcement and members of the commu5 nity significantly assists in preventing and control6 ling crime and violence, thus enhancing public safe7 ty; and

8 (6) while increasing and maintaining police re9 sources and presence in the community are the long10 term responsibility of State and local governments,

11 State and local law enforcement agencies are in need

12 of immediate assistance to begin the process of re13 hiring officers who have been laid off for budgetary

14 reasons and hiring new, additional officers to assist

15 in the implementation of community-oriented polic16 ing.

17 (b) PURPOSES.—The purposes of this title are to—

18 (1) substantially increase the number of law en19 forcement officers interacting directly with members

20 of the community (‘‘cops on the beat’’);

21 (2) provide additional and more effective train22 ing to law enforcement officers to enhance their

23 problemsolving, service, and other skills needed in

24 interacting with members of the community;
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1 (3) encourage the development and implementa2 tion of innovative programs to permit members of

3 the community to assist State and local law enforce4 ment agencies in the prevention of crime in the com5 munity; and

6 (4) encourage the development of new tech7 nologies to assist State and local law enforcement

8 agencies in reorienting the emphasis of their activi9 ties from reacting to crime to preventing crime,

10 by establishing a program of grants and assistance in fur11 therance of these objectives, including the authorization

12 for a period of 6 years of grants for the hiring and rehiring

13 of additional career law enforcement officers.

14 SEC. 103. COMMUNITY POLICING; ‘‘COPS ON THE BEAT’’.

15 (a) IN GENERAL.—Title I of the Omnibus Crime

16 Control and Safe Streets Act of 1968 (42 U.S.C. 3711

17 et seq.) is amended—

18 (1) by redesignating part Q as part R;

19 (2) by redesignating section 1701 as section

20 1801; and

21 (3) by inserting after part P the following new

22 part:
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1 ‘‘PART Q—PUBLIC SAFETY AND CITY POLICING;

2 ‘COPS ON THE BEAT’

3 ‘‘SEC. 1701. AUTHORITY TO MAKE PUBLIC SAFETY AND

4 COMMUNITY POLICING GRANTS.

5 ‘‘(a) GRANT AUTHORIZATION.—The Attorney Gen6 eral may make grants to units of State and local govern7 ment, and to other public and private entities, to increase

8 police presence, to expand and improve cooperative efforts

9 between law enforcement agencies and members of the

10 community to address crime and disorder problems, and

11 otherwise to enhance public safety.

12 ‘‘(b) REHIRING AND HIRING GRANT PROJECTS.—

13 Grants made under subsection (a) may be used for pro14 grams, projects, and other activities to—

15 ‘‘(1) rehire law enforcement officers who have

16 been laid off as a result of State and local budget

17 reductions for deployment in community-oriented po18 licing; and

19 ‘‘(2) hire new, additional career law enforce20 ment officers for deployment in community-oriented

21 policing across the Nation.

22 ‘‘(c) TROOPS-TO-COPS PROGRAMS.—(1) Grants made

23 under subsection (a) may be used to hire former members

24 of the Armed Forces to serve as career law enforcement

25 officers for deployment in community-oriented policing,
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1 particularly in communities that are adversely affected by

2 a recent military base closing.

3 ‘‘(2) In this subsection, ‘former member of the Armed

4 Forces’ means a member of the Armed Forces of the Unit5 ed States who is involuntarily separated from the Armed

6 Forces within the meaning of section 1141 of title 10,

7 United States Code.

8 ‘‘(d) ADDITIONAL GRANT PROJECTS.—Grants made

9 under subsection (a) may include programs, projects, and

10 other activities to—

11 ‘‘(1) increase the number of law enforcement

12 officers involved in activities that are focused on

13 interaction with members of the community on

14 proactive crime control and prevention by redeploy15 ing officers to such activities;

16 ‘‘(2) provide specialized training to law enforce17 ment officers to enhance their conflict resolution,

18 mediation, problemsolving, service, and other skills

19 needed to work in partnership with members of the

20 community;

21 ‘‘(3) increase police participation in multidisci22 plinary early intervention teams;

23 ‘‘(4) develop new technologies to assist State

24 and local law enforcement agencies in reorienting
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1 the emphasis of their activities from reacting to

2 crime to preventing crime;

3 ‘‘(5) develop and implement innovative pro4 grams to permit members of the community to assist

5 State and local law enforcement agencies in the pre6 vention of crime in the community, such as a citi7 zens police academy, including programs designed to

8 increase the level of access to the criminal justice

9 system enjoyed by victims, witnesses, and ordinary

10 citizens by establishing decentralized satellite offices

11 (including video facilities) of principal criminal

12 courts buildings;

13 ‘‘(6) establish innovative programs to reduce,

14 and keep to a minimum, the amount of time that

15 law enforcement officers must be away from the

16 community while awaiting court appearances;

17 ‘‘(7) establish and implement innovative pro18 grams to increase and enhance proactive crime con19 trol and prevention programs involving law enforce20 ment officers and young persons in the community;

21 and

22 ‘‘(8) develop and establish new administrative

23 and managerial systems to facilitate the adoption of

24 community-oriented policing as an organization-wide

25 philosophy.
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1 ‘‘(e) PREFERENTIAL CONSIDERATION OF APPLICA2 TIONS FOR CERTAIN GRANTS.—In awarding grants under

3 this part, the Attorney General shall give preferential con4 sideration, where feasible, to applications for hiring and

5 rehiring additional career law enforcement officers that in6 volve—

7 (1) a non-Federal contribution exceeding the 25

8 percent minimum under subsection (i); and

9 (2) hiring former members of the Armed Forces

10 to serve as career law enforcement officers under

11 subsection (c).

12 ‘‘(f) TECHNICAL ASSISTANCE.—(1) The Attorney

13 General may provide technical assistance to units of State

14 and local government, and to other public and private enti15 ties, in furtherance of the purposes of the Public Safety

16 Partnership and Community Policing Act of 1993.

17 ‘‘(2) The technical assistance provided by the Attor18 ney General may include the development of a flexible

19 model that will define for State and local governments,

20 and other public and private entities, definitions and strat21 egies associated with community or problem-oriented po22 licing and methodologies for its implementation.

23 ‘‘(3) The technical assistance provided by the Attor24 ney General may include the establishment and operation

25 of training centers or facilities, either directly or by con-
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1 tracting or cooperative arrangements. The functions of the

2 centers or facilities established under this paragraph may

3 include instruction and seminars for police executives,

4 managers, trainers and supervisors concerning community

5 or problem-oriented policing and improvements in police6 community interaction and cooperation that further the

7 purposes of the Public Safety Partnership and Community

8 Policing Act of 1993.

9 ‘‘(g) UTILIZATION OF COMPONENTS.—The Attorney

10 General may utilize any component or components of the

11 Department of Justice in carrying out this part.

12 ‘‘(h) MINIMUM AMOUNT.—Each qualifying State, to13 gether with grantees within the State, shall receive in each

14 fiscal year pursuant to subsection (a) not less than 0.6

15 percent of the total amount appropriated in the fiscal year

16 for grants pursuant to that subsection. In this subsection,

17 ‘qualifying State’ means any State which has submitted

18 an application for a grant, or in which an eligible entity

19 has submitted an application for a grant, which meets the

20 requirements prescribed by the Attorney General and the

21 conditions set out in this part.

22 ‘‘(i) MATCHING FUNDS.—The portion of the costs of

23 a program, project, or activity provided by a grant under

24 subsection (a) may not exceed 75 percent, unless the At25 torney General waives, wholly or in part, the requirement
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1 under this subsection of a non-Federal contribution to the

2 costs of a program, project, or activity. In relation to a

3 grant for a period exceeding 1 year for hiring or rehiring

4 career law enforcement officers, the Federal share shall

5 decrease from year to year for up to 5 years, looking to6 ward the continuation of the increased hiring level using

7 State or local sources of funding following the conclusion

8 of Federal support, as provided in an approved plan pur9 suant to section 1702(c)(8).

10 ‘‘(j) ALLOCATION OF FUNDS.—The funds available

11 under this part shall be allocated as provided in section

12 1001(a)(11)(B).

13 ‘‘(k) TERMINATION OF GRANTS FOR HIRING OFFI14 CERS.—The authority under subsection (a) of this section

15 to make grants for the hiring and rehiring of additional

16 career law enforcement officers shall lapse at the conclu17 sion of 6 years from the date of enactment of this part.

18 Prior to the expiration of this grant authority, the Attor19 ney General shall submit a report to Congress concerning

20 the experience with and effects of such grants. The report

21 may include any recommendations the Attorney General

22 may have for amendments to this part and related provi23 sions of law in light of the termination of the authority

24 to make grants for the hiring and rehiring of additional

25 career law enforcement officers.
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1 ‘‘SEC. 1702. APPLICATIONS.

2 ‘‘(a) IN GENERAL.—No grant may be made under

3 this part unless an application has been submitted to, and

4 approved by, the Attorney General.

5 ‘‘(b) APPLICATION.—An application for a grant

6 under this part shall be submitted in such form, and con7 tain such information, as the Attorney General may pre8 scribe by regulation or guidelines.

9 ‘‘(c) CONTENTS.—In accordance with the regulations

10 or guidelines established by the Attorney General, each ap11 plication for a grant under this part shall—

12 ‘‘(1) include a long-term strategy and detailed

13 implementation plan that reflects consultation with

14 community groups and appropriate private and pub15 lic agencies and reflects consideration of the state16 wide strategy under section 503(a)(1);

17 ‘‘(2) demonstrate a specific public safety need;

18 ‘‘(3) explain the locality’s inability to address

19 the need without Federal assistance;

20 ‘‘(4) identify related governmental and commu21 nity initiatives which complement or will be coordi22 nated with the proposal;

23 ‘‘(5) certify that there has been appropriate co24 ordination with all affected agencies;

25 ‘‘(6) outline the initial and ongoing level of

26 community support for implementing the proposal
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1 including financial and in-kind contributions or

2 other tangible commitments;

3 ‘‘(7) specify plans for obtaining necessary sup4 port and continuing the proposed program, project,

5 or activity following the conclusion of Federal sup6 port; and

7 ‘‘(8) if the application is for a grant for hiring

8 or rehiring additional career law enforcement offi9 cers—

10 ‘‘(A) specify plans for the assumption by

11 the grantee of a progressively larger share of

12 the cost in the course of time, looking toward

13 the continuation of the increased hiring level

14 using State or local sources of funding following

15 the conclusion of Federal support;

16 ‘‘(B) assess the impact, if any, of the in17 crease in police resources on other components

18 of the criminal justice system; and

19 ‘‘(C) explain how the grant will be utilized

20 to reorient the affected law enforcement agen21 cy’s mission toward community-oriented polic22 ing or enhance its involvement in or commit23 ment to community-oriented policing.
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1 ‘‘SEC. 1703. REVIEW OF APPLICATIONS BY STATE OFFICE.

2 ‘‘(a) IN GENERAL.—Except as provided in subsection

3 (c) or (d), an applicant for a grant under this part shall

4 submit an application to the State office designated under

5 section 507 in the State in which the applicant is located

6 for initial review.

7 ‘‘(b) INITIAL REVIEW OF APPLICATION.—(1) The

8 State office referred to in subsection (a) shall review appli9 cations for grants under this part submitted to it, based

10 upon criteria specified by the Attorney General by regula11 tion or guidelines.

12 ‘‘(2) Upon completion of the reviews required by

13 paragraph (1), the State office referred to in subsection

14 (a) shall determine which, if any, of the applications for

15 grants under this part are most likely to be successful in

16 achieving the purposes of the Public Safety Partnership

17 and Community Policing Act of 1993.

18 ‘‘(3)(A) The State office referred to in subsection (a)

19 shall list the applications for grants under this part in

20 order of their likelihood of achieving the purposes of the

21 Public Safety Partnership and Community Policing Act

22 of 1993 and shall submit the list along with all grant ap23 plications and supporting materials received to the Attor24 ney General.

25 ‘‘(B) In making the submission to the Attorney Gen26 eral required by subparagraph (A), the State office re-
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1 ferred to in subsection (a) may recommend that a

2 particular application or applications should receive spe3 cial priority and provide supporting reasons for the

4 recommendation.

5 ‘‘(c) DIRECT APPLICATION TO THE ATTORNEY GEN6 ERAL BY CERTAIN MUNICIPALITIES.—Notwithstanding

7 subsection (a), municipalities the population of which ex8 ceeds 150,000 may submit an application for a grant

9 under this part directly to the Attorney General. In this

10 subsection, ‘municipalities the population of which exceeds

11 150,000’ means units of local government or law enforce12 ment agencies having jurisdiction over areas with popu13 lations exceeding 150,000, and consortia or associations

14 that include one or more such units of local government

15 or law enforcement agencies.

16 ‘‘(d) DIRECT APPLICATION TO THE ATTORNEY GEN17 ERAL BY OTHER APPLICANTS.—(1) Notwithstanding sub18 section (a), if a State chooses not to carry out the func19 tions described in subsection (b), an applicant in the State

20 may submit an application for a grant under this part di21 rectly to the Attorney General.

22 ‘‘(2) Notwithstanding subsection (a), an applicant

23 that is an Indian tribe or tribal law enforcement agency

24 may submit an application for a grant under this part di25 rectly to the Attorney General.
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1 ‘‘SEC. 1704. RENEWAL OF GRANTS.

2 ‘‘(a) IN GENERAL.—Except for grants made for hir3 ing or rehiring additional career law enforcement officers,

4 a grant under this part may be renewed for up to 2 addi5 tional years after the first fiscal year during which a recip6 ient receives its initial grant, if the Attorney General de7 termines that the funds made available to the recipient

8 were used in a manner required under an approved appli9 cation and if the recipient can demonstrate significant

10 progress in achieving the objectives of the initial

11 application.

12 ‘‘(b) GRANTS FOR HIRING.—Grants made for hiring

13 or rehiring additional career law enforcement officers may

14 be renewed for up to 5 years, subject to the requirements

15 of subsection (a), but notwithstanding the limitation in

16 that subsection concerning the number of years for which

17 grants may be renewed.

18 ‘‘(c) MULTIYEAR GRANTS.—A grant for a period ex19 ceeding 1 year may be renewed as provided in this section,

20 except that the total duration of such a grant including

21 any renewals may not exceed 3 years, or 6 years if it is

22 a grant made for hiring or rehiring additional career law

23 enforcement officers.

24 ‘‘SEC. 1705. LIMITATION ON USE OF FUNDS.

25 ‘‘(a) NONSUPPLANTING REQUIREMENT.—Funds

26 made available under this part to State or local govern-
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1 ments or to Indian tribal governments shall not be used

2 to supplant State or local funds, or, in the case of Indian

3 tribes, funds supplied by the Department of the Interior,

4 but shall be used to increase the amount of funds that

5 would, in the absence of Federal funds received under this

6 part, be made available from State or local sources, or in

7 the case of Indian tribes, from funds supplied by the De8 partment of the Interior.

9 ‘‘(b) ADMINISTRATIVE COSTS.—No more than 5 per10 cent of the funds available under this part may be used

11 for the costs of States in carrying out the functions de12 scribed in section 1703(b) or other administrative costs.

13 ‘‘(c) NON-FEDERAL COSTS.—State and local units of

14 government may use assets received through the Assets

15 Forfeiture equitable sharing program to cover the non16 Federal portion of programs, projects, and activities

17 funded under this part.

18 ‘‘(d) HIRING COSTS.—Annual funding provided

19 under this part for hiring or rehiring a career law enforce20 ment officer may not exceed $50,000, unless the Attorney

21 General grants a waiver from this limitation.

22 ‘‘SEC. 1706. PERFORMANCE EVALUATION.

23 ‘‘(a) EVALUATION COMPONENTS.—Each program,

24 project, or activity funded under this part shall contain

25 an evaluation component, developed pursuant to guidelines
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1 established by the Attorney General. The evaluations re2 quired by this subsection shall include outcome measures

3 that can be used to determine the effectiveness of the

4 funded programs, projects, and activities. Outcome meas5 ures may include crime and victimization indicators, qual6 ity of life measures, community perceptions, and police

7 perceptions of their own work.

8 ‘‘(b) PERIODIC REVIEW AND REPORTS.—The Attor9 ney General shall review the performance of each grant

10 recipient under this part. The Attorney General may re11 quire a grant recipient to submit to the Attorney General

12 the results of the evaluations required under subsection

13 (a) and such other data and information as the Attorney

14 General deems reasonably necessary to carry out the re15 sponsibilities under this subsection.

16 ‘‘SEC. 1707. REVOCATION OR SUSPENSION OF FUNDING.

17 ‘‘If the Attorney General determines, as a result of

18 the reviews required by section 1706, or otherwise, that

19 a grant recipient under this part is not in substantial com20 pliance with the terms and requirements of an approved

21 grant application submitted under section 1702, the Attor22 ney General may revoke or suspend funding of that grant,

23 in whole or in part.
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1 ‘‘SEC. 1708. ACCESS TO DOCUMENTS.

2 ‘‘(a) BY THE ATTORNEY GENERAL.—The Attorney

3 General shall have access for the purpose of audit and ex4 amination to any pertinent books, documents, papers, or

5 records of a grant recipient under this part and to the

6 pertinent books, documents, papers, or records of State

7 and local governments, persons, businesses, and other en8 tities that are involved in programs, projects, or activities

9 for which assistance is provided under this part.

10 ‘‘(b) BY THE COMPTROLLER GENERAL.—Subsection

11 (a) shall apply with respect to audits and examinations

12 conducted by the Comptroller General of the United

13 States or by an authorized representative of the Comptrol14 ler General.

15 ‘‘SEC. 1709. GENERAL REGULATORY AUTHORITY.

16 ‘‘The Attorney General may promulgate regulations

17 and guidelines to carry out this part.

18 ‘‘SEC. 1710. DEFINITIONS.

19 ‘‘In this part—

20 ‘‘ ‘Career law enforcement officers’ means a

21 person hired on a permanent basis who is authorized

22 by law or by a State or local public agency to engage

23 in or supervise the prevention, detection, or inves24 tigation of violations of criminal laws.

25 ‘‘ ‘Citizens police academy’ means a program

26 by local law enforcement agencies or private non-
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1 profit organizations in which citizens, especially

2 those who participate in neighborhood watch pro3 grams, are given training in police policy and proce4 dure, criminal law, the legal system, crime aware5 ness, personal safety measures, and ways of facilitat6 ing communication between the community and local

7 law enforcement in the prevention of crime.’ ’’.

8 (b) TECHNICAL AMENDMENT.—The table of contents

9 of title I of the Omnibus Crime Control and Safe Streets

10 Act of 1968 (42 U.S.C. 3711, et seq.) is amended by strik11 ing the item relating to part Q and inserting the following:

‘‘PART Q—PUBLIC SAFETY AND COMMUNITY POLICING; ‘COPS ON THE

BEAT’

‘‘Sec. 1701. Authority to make public safety and community policing grants.

‘‘Sec. 1702. Applications.

‘‘Sec. 1703. Review of applications by State office.

‘‘Sec. 1704. Renewal of grants.

‘‘Sec. 1705. Limitation on use of funds.

‘‘Sec. 1706. Performance evaluation.

‘‘Sec. 1707. Revocation or suspension of funding.

‘‘Sec. 1708. Access to documents.

‘‘Sec. 1709. General regulatory authority.

‘‘Sec. 1710. Definitions.

‘‘PART R—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 1801. Continuation of rules, authorities, and proceedings.’’.

12 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

13 1001(a) of title I of the Omnibus Crime Control and Safe

14 Streets Act of 1968 (42 U.S.C. 3793) is amended—

15 (1) in paragraph (3) by striking ‘‘and O’’ and

16 inserting ‘‘O, P, and Q’’; and

17 (2) by adding at the end the following new

18 paragraph:
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1 ‘‘(11)(A) There are authorized to be appropriated to

2 carry out part Q, to remain available until expended—

3 ‘‘(i) $1,035,000,000 for fiscal year 1994;

4 ‘‘(ii) $1,720,000,000 for fiscal year 1995;

5 ‘‘(iii) $2,070,000,000 for fiscal year 1996;

6 ‘‘(iv) $2,270,000,000 for fiscal year 1997; and

7 ‘‘(v) $1,900,000,000 for fiscal year 1998.

8 ‘‘(B) Of funds available under part Q in any fiscal

9 year, up to 5 percent may be used for technical assistance

10 under section 1701(e) or for evaluations or studies carried

11 out or commissioned by the Attorney General in further12 ance of the purposes of part Q, and up to 5 percent may

13 be used for the costs of States in carrying out the func14 tions described in section 1703(b) or other administrative

15 costs. Of the remaining funds, 60 percent shall be allo16 cated for grants pursuant to applications submitted as

17 provided in section 1703(a) or (d), and 40 percent shall

18 be allocated for grants pursuant to applications submitted

19 as provided in section 1703(c). Of the funds available in

20 relation to grants pursuant to applications submitted as

21 provided in section 1703(a) or (d), at least 85 percent

22 shall be applied to grants for the purposes specified in sec23 tion 1701(b), and no more than 15 percent may be applied

24 to other grants in furtherance of the purposes of part Q.

25 Of the funds available in relation to grants pursuant to
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1 applications submitted as provided in section 1703(c), at

2 least 85 percent shall be applied to grants for the purposes

3 specified in section 1701(b), and no more than 15 percent

4 may be applied to other grants in furtherance of the pur5 poses of part Q. In view of the extraordinary need for law

6 enforcement in Indian country, an appropriate amount of

7 funds available under part Q shall be made available for

8 grants to Indian tribes or tribal law enforcement agen9 cies.’’.

10 Subtitle B—Safe Schools

11 SEC. 111. INCREASED PENALTIES FOR DRUG TRAFFICKING

12 NEAR SCHOOLS.

13 Section 419 of the Controlled Substances Act (21

14 U.S.C. 860) is amended—

15 (1) in subsection (a) by striking ‘‘one year’’ and

16 inserting ‘‘3 years’’; and

17 (2) in subsection (b) by striking ‘‘three years’’

18 each place it appears and inserting ‘‘5 years’’.

19 SEC. 112. FEDERAL SAFE SCHOOL DISTRICTS.

20 (a) ELECTION TO QUALIFY.—

21 (1) IN GENERAL.—By decision of a local edu22 cational agency or by referendum of the voters in a

23 school district served by a local educational agency,

24 a school district may elect to qualify as a Federal

25 safe school district under this section.
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1 (2) DEFINITION.—For purposes of this section,

2 the term ‘‘local educational agency’’ shall have the

3 meaning given such term in section 1471(12) of the

4 Elementary and Secondary Education Act of 1965.

5 (b) FUNDING FOR ENHANCED SCHOOL SECURITY.—

6 (1) IN GENERAL.—The Attorney General may

7 make a grant to a local educational agency serving

8 a Federal safe school district or to a local law en9 forcement agency with jurisdiction over the school

10 district, as appropriate, to pay for enhanced school

11 security measures.

12 (2) ENHANCED SCHOOL SECURITY MEAS13 URES.—The measures that may be funded by a

14 grant under paragraph (1) include—

15 (A) equipping schools with metal detectors,

16 fences, closed circuit cameras, and other phys17 ical security measures;

18 (B) providing increased police patrols in

19 and around schools, including police hired pur20 suant to this title;

21 (C) mailings to parents at the beginning of

22 the school year stating that the possession of a

23 gun or other weapon in school will not be toler24 ated by school authorities;
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1 (D) signs on each school indicating that

2 the school is part of a Federal Safe School Dis3 trict; and

4 (E) gun hotlines.

5 SEC. 113. ENHANCED PENALTY FOR VIOLATION OF THE

6 GUN-FREE SCHOOL ZONES ACT.

7 (a) IN GENERAL.—Section 924(a)(4) of title 18,

8 United States Code, is amended—

9 (1) by striking ‘‘not more than 5 years’’ the 1st

10 place such term appears and inserting ‘‘not less than

11 5 years and not more than 10 years’’; and

12 (2) by striking the 3rd sentence.

13 (b) TECHNICAL AMENDMENT.—Section 924(a)(1)(B)

14 of such title is amended by striking ‘‘(q)’’ and inserting

15 ‘‘(r)’’.

16 Subtitle C—Criminal Street Gangs;

17 Crimes Against Children; Paren18 tal Accountability

19 SEC. 121. CRIMINAL STREET GANGS OFFENSES.

20 (a) OFFENSE.—Title 18, United States Code, is

21 amended by inserting after chapter 93 the following:

22 ‘‘CHAPTER 94—PROHIBITED PARTICIPATION IN

23 CRIMINAL STREET GANGS AND GANG CRIME

‘‘Sec.

‘‘1930. Prohibited activity.

‘‘1931. Penalties.

‘‘1932. Investigative authority.

‘‘1933. Definitions.
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1 ‘‘§ 1930. Prohibited activity

2 ‘‘It shall be unlawful—

3 ‘‘(1) to commit, or to attempt to commit, a

4 predicate gang crime with intent to promote or fur5 ther the activities of a criminal street gang or for

6 the purpose of gaining entrance to or maintaining or

7 increasing position in such a gang;

8 ‘‘(2) to participate, or attempt to participate, in

9 a criminal street gang, or conspire to do so;

10 ‘‘(3) to command, counsel, persuade, induce,

11 entice, or coerce any individual to participate in a

12 criminal street gang;

13 ‘‘(4) to employ, use, command, counsel, per14 suade, induce, entice, or coerce any individual to

15 commit, cause to commit, or facilitate the commis16 sion of, a predicate gang crime, with intent to pro17 mote the activities of a criminal street gang or for

18 the purpose of gaining entrance to or maintaining or

19 increasing position in such a gang; or

20 ‘‘(5) to use any communication facility, as de21 fined in section 403(b) of the Controlled Substances

22 Act, in causing or facilitating the commission, or at23 tempted commission, of a predicate gang crime with

24 intent to promote or further the activities of a crimi25 nal street gang or for the purpose of gaining en26 trance to or maintaining or increasing position in
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1 such a gang. Each separate use of a communication

2 facility shall be a separate offense under this section.

3 ‘‘§ 1931. Penalties

4 ‘‘(a) PENALTIES OF UP TO 20 YEARS OR LIFE IM5 PRISONMENT.—Whoever violates section 1930(b) (1) or

6 (2) shall be punished by imprisonment for not more than

7 20 years, or by imprisonment for any term of years or

8 for life if the violation is based on a predicate gang crime

9 for which the maximum penalty includes life imprison10 ment, and if the violation occurs after 1 or more prior

11 convictions for such a predicate gang crime, that is not

12 part of the instant violation, such person shall be sen13 tenced to a term of imprisonment which shall not be less

14 than 10 years and which may be for any term of years

15 exceeding 10 years or for life.

16 ‘‘(b) PENALTIES BETWEEN 5 AND 10 YEARS.—Who17 ever violates section 1930 (b)(3) or (b)(4) shall be sen18 tenced to imprisonment for not less than 5 and not more

19 than 10 years, and if the individual who was the subject

20 of the act was less than 18 years of age, such person shall

21 be imprisoned for 10 years. A term of imprisonment under

22 this subsection shall run consecutively to any other term

23 of imprisonment, including that imposed for any other vio24 lation of this chapter.
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1 ‘‘(c) PENALTIES OF UP TO 5 YEARS.—Whoever vio2 lates section 1930(b)(5) shall be punished by imprison3 ment for not more than 5 years.

4 ‘‘(d) ADDITIONAL PENALTIES.—In addition to the

5 other penalties set forth in this section—

6 ‘‘(1) whoever violates section 1930(b) (1) or

7 (2), 1 of whose predicate gang crimes involves mur8 der or conspiracy to commit murder which results in

9 the taking of a life, and who commits, counsels,

10 commands, induces, procures, or causes that mur11 der, shall be punished by death or by imprisonment

12 for life;

13 ‘‘(2) any person who violates section 1930(b)

14 (1) or (2), 1 of whose predicate gang crimes involves

15 attempted murder or conspiracy to commit murder,

16 shall be sentenced to a term of imprisonment which

17 shall not be less than 20 years and which may be

18 for any term of years exceeding 20 years or for life;

19 and

20 ‘‘(3) any person who violates section 1930(b)

21 (1) or (2), and who at the time of the offense occu22 pied a position of organizer or supervisor, or other

23 position of management in that street gang, shall be

24 sentenced to a term of imprisonment which shall not
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1 be less than 15 years and which may be for any

2 term of years exceeding 15 years or for life.

3 For purposes of paragraph (3) of this subsection, if it is

4 shown that the defendant counseled, commanded, induced,

5 or procured 5 or more individuals to participate in a street

6 gang, there shall be a rebuttable presumption that the de7 fendant occupied a position of organizer or supervisor, or

8 other position of management in the gang.

9 ‘‘(e) FORFEITURE.—Whoever violates section

10 1930(b) (1) or (2) shall, in addition to any other penalty

11 and irrespective of any provision of State law, forfeit to

12 the United States—

13 ‘‘(1) any property constituting, or derived from,

14 any proceeds the person obtained, directly or indi15 rectly, as a result of the violation; and

16 ‘‘(2) any property used, or intended to be used,

17 in any manner or part, to commit, or to facilitate

18 the commission of, the violation.

19 Sections 413(b), 413(c), and 413 (e) through (p) of the

20 Controlled Substances Act apply to a forfeiture under this

21 section.

22 ‘‘§ 1932. Investigative authority

23 ‘‘The Attorney General and the Secretary of the

24 Treasury shall have the authority to investigate offenses

25 under this chapter. This authority shall be exercised in
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1 accordance with an agreement which shall be entered into

2 by the Attorney General and the Secretary of the

3 Treasury.

4 ‘‘§ 1133. Definitions

5 ‘‘As used in this chapter—

6 ‘‘(1) the term ‘predicate gang crime’ means—

7 ‘‘(A) any act or threat, or attempted act or

8 threat, which is chargeable under Federal or

9 State law and punishable by imprisonment for

10 more than 1 year, involving murder, assault,

11 kidnapping, robbery, extortion, burglary, arson,

12 property damage or destruction, obstruction of

13 justice, tampering with or retaliating against a

14 witness, victim, or informant, or manufacturing,

15 importing, receiving, concealing, purchasing,

16 selling, possessing, or otherwise dealing in a

17 controlled substance or controlled substance

18 analogue (as those terms are defined in section

19 102 of the Controlled Substances Act (21

20 U.S.C. 802));

21 ‘‘(B) any act, punishable by imprisonment

22 for more than 1 year, which is indictable under

23 any of the following provisions of title 18,

24 United States Code: sections 922 and

25 924(a)(2), (b), (c), (g), or (h) (relating to re-
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1 ceipt, possession, and transfer of firearms); sec2 tion 1503 (relating to obstruction of justice);

3 section 1510 (relating to obstruction of criminal

4 investigations); section 1512 (relating to tam5 pering with a witness, victim, or informant);

6 section 1513 (relating to retaliating against a

7 witness, victim, or informant); or

8 ‘‘(C) any act indictable under subsection

9 (b)(5) of this section;

10 ‘‘(2) the term ‘criminal street gang’ means any

11 organization, or group, of 5 or more individuals,

12 whether formal or informal, who act in concert, or

13 agree to act in concert, for a period in excess of 30

14 days, with a purpose that any of those individuals

15 alone, or in any combination, commit or will commit,

16 2 or more predicate gang crimes, one of which must

17 occur after the enactment of this chapter and the

18 last of which occurred within 10 years (excluding

19 any period of imprisonment) after the commission of

20 a prior predicate gang crime;

21 ‘‘(3) the term ‘participate in a criminal street

22 gang’ means to act in concert with a criminal street

23 gang with intent to commit, or that any other indi24 vidual associated with the criminal street gang will

25 commit, 1 or more predicate gang crimes; and
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1 ‘‘(4) the term ‘State’ means a State of the

2 United States, the District of Columbia, and any

3 commonwealth, territory, or possession of the United

4 States.’’.

5 (b) CLERICAL AMENDMENT.—The table of chapters

6 for part I of title 18, United States Code, is amended by

7 inserting after the item for chapter 93 the following:

‘‘94. Prohibited participation in criminal street gangs

and gang crimes ..................................................... 1930’’.

8 (c) SENTENCING GUIDELINES INCREASE FOR GANG

9 CRIMES.—The United States Sentencing Commission

10 shall at the earliest opportunity amend the sentencing

11 guidelines to increase by at least 4 levels the base offense

12 level for any felony committed for the purpose of gaining

13 entrance into, or maintaining or increasing position in, a

14 criminal street gang. For purposes of this subsection,

15 ‘‘criminal street gang’’ means any organization, or group,

16 of 5 or more individuals, whether formal or informal, who

17 act in concert, or agree to act in concert, for a period in

18 excess of 30 days, with the intent that any of those indi19 viduals alone, or in any combination, commit or will com20 mit, 2 or more acts punishable under State or Federal

21 law by imprisonment for more than 1 year.
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1 SEC. 122. DRIVE-BY SHOOTINGS.

2 (a) OFFENSE.—Chapter 44 of title 18, United States

3 Code, is amended by adding at the end the following new

4 section:

5 ‘‘§ 931. Drive-by shootings

6 ‘‘(a) Whoever knowingly discharges a firearm at a

7 person—

8 ‘‘(1) in the course of or in furtherance of drug

9 trafficking activity; or

10 ‘‘(2) from a motor vehicle;

11 shall be punished by imprisonment for up to 25 years, and

12 if death results shall be punished by death or by imprison13 ment for any term of years or for life.

14 ‘‘(b) For purposes of this section, the term ‘drug traf15 ficking activity’ means a drug trafficking crime as defined

16 in section 929(a)(2) of this title, or a pattern or series

17 of acts involving one or more drug trafficking crimes.’’.

18 (b) CLERICAL AMENDMENT.—The table of sections

19 at the beginning of chapter 44 of title 18, United States

20 Code, is amended by adding at the end the following:

‘‘931. Drive-by shootings.’’.

21 SEC. 123. ADDITION OF ANTI-GANG BYRNE GRANT FUNDING

22 OBJECTIVE.

23 Section 501(b) of title I of the Omnibus Crime Con24 trol and Safe Streets Act of 1968 (42 U.S.C. 3751) is

25 amended—
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1 (1) in paragraph (20) by striking ‘‘and’’ at the

2 end;

3 (2) in paragraph (21) by striking the period

4 and inserting ‘‘; and’’; and

5 (3) by inserting after paragraph (21) the fol6 lowing new paragraph:

7 ‘‘(22) law enforcement and prevention programs

8 relating to gangs, or to youth who are involved or

9 at risk of involvement in gangs.’’.

10 SEC. 124. INCREASED PENALTIES FOR DRUG TRAFFICKING

11 NEAR PUBLIC HOUSING.

12 Section 419 of the Controlled Substances Act (21

13 U.S.C. 860) is amended—

14 (1) in subsection (a) by striking ‘‘playground,

15 or within’’ and inserting ‘‘playground, or housing

16 facility owned by a public housing authority, or

17 within’’; and

18 (2) in subsection (b) by striking ‘‘playground,

19 or within’’ and inserting ‘‘playground, or housing

20 facility owned by a public housing authority, or

21 within’’.

22 SEC. 125. PARENTAL ACCOUNTABILITY.

23 (a) IN GENERAL.—Chapter 43 of title 18, United

24 States Code, is amended by adding at the end the follow25 ing:
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1 ‘‘§ 5043. Civil penalties for parents of certain juvenile

2 offenders

3 ‘‘(a) IN GENERAL.—(1) The parent or legal guard4 ians of any juvenile charged with any violation of Federal

5 law shall attend all court proceedings involving the

6 juvenille, and

7 ‘‘(2) Except as provided in subsection (b), the parents

8 or legal guardians of a juvenile who has been convicted

9 of a criminal offense under any Federal law may be liable

10 to the United States for a civil penalty of not more than

11 $10,000.

12 ‘‘(b) EXERCISE OF PARENTAL RESPONSIBILITY.—

13 The court may decline to enforce, if it would cause undue

14 hardship, subsection (a)(1) or to impose a fine under sub15 section (a)(2) if the court makes an affirmative determina16 tion that under the circumstances, the parents or legal

17 guardians exercised reasonable care, supervision and con18 trol of the juvenile and counseled the juvenile that criminal

19 activity is not acceptable.

20 ‘‘(c) AMOUNT OF CIVIL PENALTIES.—

21 ‘‘(1) MANDATORY MINIMUM.—In no case shall

22 a civil penalty imposed under subsection (a) be less

23 than $100.

24 ‘‘(2) FINANCIAL HARDSHIP.—In no case shall a

25 civil penalty imposed under subsection (a) be less

26 than $500 unless the court makes a finding that a
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1 civil penalty in that amount would impose a severe

2 financial hardship on the family of the parent or

3 legal guardians.

4 ‘‘(3) If the court determines that the parents or

5 legal guardians are not financially able to pay the

6 civil penalty immediately, the court may set a sched7 ule by which the civil penalty will be paid over time.

8 ‘‘(d) COMMUNITY SERVICE OR PARENTING CLASSES

9 IN LIEU OF CIVIL PENALTY.—A parent or legal guardian

10 ordered to pay a civil penalty under this section may peti11 tion the court to perform such community service or at12 tend and successfully complete parenting classes, as the

13 court determines to be appropriate, in lieu of the civil

14 penalty.

15 ‘‘(e) DEFINITIONS.—

16 ‘‘(1) As used in this section, the term ‘juvenile’

17 means any person who is under 18 years of age.

18 ‘‘(2) For the purpose of this section, the term

19 ‘parent’ means a biological or custodial parent or

20 noncustodial parent during periods of child visita21 tion, who has legal responsibility for the juvenile at

22 the time the crime was committed.’’.

23 (b) CLERICAL AMENDMENT.—The table of sections

24 at the beginning of chapter 403 of title 18, United States
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1 Code, is amended by adding at the end the following new

2 item:

‘‘5043. Civil penalties for parents of certain juvenile offenders.’’.

3 SEC. 126. DEATH PENALTY FOR MURDER DURING THE

4 SEXUAL EXPLOITATION OF CHILDREN.

5 Section 2251(d) of title 18, United States Code, is

6 amended by adding at the end the following: ‘‘Whoever,

7 in the course of an offense under this section, engages in

8 conduct that results in the death of a person, shall be pun9 ished by death or imprisoned for any term of years or for

10 life.’’.

11 SEC. 127. INCREASED PENALTIES FOR SEX OFFENSES

12 AGAINST VICTIMS BELOW THE AGE OF 16.

13 Paragraph (2) of section 2245 of title 18, United

14 States Code, is amended—

15 (1) in subparagraph (B) by striking ‘‘or’’ after

16 the semicolon;

17 (2) in subparagraph (C) by striking ‘‘; and’’

18 and inserting ‘‘; or’’; and

19 (3) by inserting a new subparagraph (D) as

20 follows:

21 ‘‘(D) the intentional touching, not through the

22 clothing, of the genitalia of another person who has

23 not attained the age of 16 years with an intent to

24 abuse, humiliate, harass, degrade, or arouse or grat25 ify the sexual desire of any person;’’.
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1 SEC. 128. PENALTIES FOR INTERNATIONAL TRAFFICKING

2 IN CHILD PORNOGRAPHY.

3 (a) IMPORT RELATED OFFENSE.—Chapter 110 of

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

5 end the following:

6 ‘‘§ 2258. Production of sexually explicit depictions of

7 a minor for importation into the United

8 States

9 ‘‘(a) Any person who, outside the United States, em10 ploys, uses, persuades, induces, entices, or coerces any

11 minor to engage in, or who has a minor assist any other

12 person to engage in, or who transports any minor with

13 the intent that such minor engage in any sexually explicit

14 conduct for the purpose of producing any visual depiction

15 of such conduct, shall be punished as provided under sub16 section (c), if such person intends, knows, or has reason

17 to know that such visual depiction will be imported into

18 the United States or into waters within a distance of 12

19 miles of the coast of the United States.

20 ‘‘(b) Whoever, outside the United States, knowingly

21 receives, transports, ships, distributes, sells, or possesses

22 with intent to transport, ship, sell, or distribute any visual

23 depiction of a minor engaging in sexually explicit conduct

24 if the production of such visual depiction involved the use

25 of a minor engaging in sexually explicit conduct, shall be

26 published as provided under subsection (c), if such person
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1 intends, knows, or has reason to know that such visual

2 depiction will be imported into the United States or into

3 waters within a distance of 12 miles of the coast of the

4 United States.

5 ‘‘(c) Any individual who violates this section, or con6 spires or attempts to do so, shall be fined under this title,

7 or imprisoned not more than 10 years, or both, but, if

8 such individual has a prior conviction under this chapter

9 or chapter 109A of this title, such individual shall be fined

10 according to the provisions of this title, or imprisoned not

11 less than five years nor more than 15 years, or both.’’.

12 (b) CLERICAL AMENDMENT.—The table of sections

13 at the beginning of chapter 110 of title 18, United States

14 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.’’.

15 (c) TECHNICAL AMENDMENT.—Section 2251(d) of

16 title 18, United States Code, is amended—

17 (1) by striking ‘‘not more than $100,000’’ and

18 inserting ‘‘under this title’’;

19 (2) by striking ‘‘not more than $200,000’’ and

20 inserting ‘‘under this title’’; and

21 (3) by striking ‘‘not more than $250,000’’ and

22 inserting ‘‘under this title’’.

23 (d) SECTION 2251 PENALTY ENHANCEMENT.—Sec24 tion 2251(d) of title 18, United States Code, is amended
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1 by striking ‘‘this section’’ the second place it appears and

2 inserting ‘‘this chapter or chapter 109A of this title’’.

3 (e) SECTION 2252 PENALTY ENHANCEMENT.—Sec4 tion 2252(b)(1) of title 18, United States Code, is amend5 ed by striking ‘‘this section’’ and inserting ‘‘this chapter

6 or chapter 109A of this title’’.

7 (f) CONSPIRACY AND ATTEMPT.—Sections 2251(d)

8 and 2252(b) of title 18, United States Code, are each

9 amended by inserting ‘‘, or attempts or conspires to do

10 so,’’ after ‘‘violates’’ each place it appears.

11 (g) RICO AMENDMENT.—Section 1961(l) of title 18,

12 United States Code, is amended by striking ‘‘2251–2252’’

13 and inserting ‘‘2251, 2252, or 2258’’.

14 (h) TRANSPORTATION OF MINORS.—Section 2423 of

15 title 18, United States Code, is amended—

16 (1) by inserting ‘‘(a)’’ before ‘‘Whoever’’; and

17 (2) by adding at the end the following:

18 ‘‘(b) Whoever travels in interstate or foreign com19 merce, or conspires to do so, for the purpose of engaging

20 in any sexual act (as the term ‘sexual act’ is defined in

21 section 2245 of this title) with a person under 18 years

22 of age which would be in violation of chapter 109A of this

23 title if such sexual act occurred in the special maritime

24 and territorial jurisdiction of the United States,’’ after

25 ‘‘offense,’’.
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1 SEC. 129. STATE LEGISLATION REGARDING CHILD POR2 NOGRAPHY.

3 (a) IN GENERAL.—Not later than the end of the 18th

4 month beginning after the date of the enactment of this

5 Act, each State shall enact legislation complying with

6 guidelines established under subsection (b), and maintain

7 such legislation in effect thereafter. Compliance with the

8 preceding sentence shall be a condition to the receipt by

9 a State of any grant, cooperative agreement, or other as10 sistance under—

11 (1) section 1404 of the Victims of Crime Act

12 (42 U.S.C. 10603); and

13 (2) the Child Abuse Prevention and Treatment

14 Act (42 U.S.C. 1501 et seq.).

15 (b) GUIDELINES.—The Attorney General shall estab16 lish guidelines for State legislation prohibiting the produc17 tion, distribution, receipt, or possession of materials de18 picting a person under 18 years of age engaging in sexu19 ally explicit conduct and providing for a maximum impris20 onment of at least one year and for the forfeiture of assets

21 used in the commission or support of, or gained from, such

22 offenses.

23 SEC. 130. NATIONAL REGISTRATION OF CONVICTED CHILD

24 ABUSERS.

25 (a) STATES TO REGISTER PERSONS CONVICTED OF

26 OFFENSES AGAINST CHILDREN.—
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1 (1) IN GENERAL.—Each State shall establish

2 and maintain a registration program under this sec3 tion requiring persons convicted of a criminal offense

4 against a victim who is a child to register a current

5 address and other information that the Attorney

6 General deems relevant, with a designated State law

7 enforcement agency for 10 years after being released

8 from prison or otherwise being freed from detention

9 after the conviction becomes final.

10 (2) ATTORNEY GENERAL TO ESTABLISH GUIDE11 LINES.—The Attorney General shall establish guide12 lines for State registration programs under this

13 section.

14 (3) MANDATORY ELEMENTS OF GUIDELINES.—

15 Such guidelines shall include provision for—

16 (A) a requirement that the State obtain

17 the fingerprints, physical description, and cur18 rent photographs of each registered person;

19 (B) annual updating of the information

20 contained in the registry by each registered per21 son; and

22 (C) criminal penalties for failing to comply

23 with the registration requirements.

24 (b) STATES TO REPORT.—
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1 (1) IN GENERAL.—Each State shall report to

2 the Attorney General, in such form and manner as

3 the Attorney General shall prescribe—

4 (A) information about each conviction for

5 a criminal offense against a victim who is a

6 child; and

7 (B) the information on the registry that

8 State is required to establish and maintain

9 under subsection (a).

10 (2) ANNUAL SUMMARY OF CONVICTIONS.—The

11 Attorney General shall publish an annual summary

12 of convictions for offenses involving the physical,

13 psychological, or emotional injuring, sexual abuse or

14 exploitation, neglectful treatment, or maltreatment,

15 of children, based on information reported under

16 this section.

17 (c) SANCTION FOR NONCOMPLIANCE BY STATE.—If

18 a State fails to comply with an obligation under subsection

19 (a) or (b) during the period that begins 3 years after the

20 date of the enactment of this Act, the allocation of funds

21 under section 506 of title I of the Omnibus Crime Control

22 and Safe Streets Act of 1968 (42 U.S.C. 3756) shall be

23 reduced by 25 percent, and the unallocated funds shall

24 be reallocated to the States complying with those obliga25 tions.
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1 (d) BACKGROUND CHECKS.—

2 (1) IN GENERAL.—A State may permit quali3 fied entities to obtain from an authorized agency of

4 the State a nationwide background check for the

5 purpose of determining whether there is a report

6 that a provider has been convicted of a background

7 check crime.

8 (2) ATTORNEY GENERAL TO PROVIDE INFORMA9 TION.—The Attorney General, in accordance with

10 such rules and subject to such conditions as the At11 torney General shall prescribe, shall provide to au12 thorized agencies of States information possessed by

13 the Department of Justice that would enable the

14 agency to make the background check described in

15 paragraph (1). In making such rules and setting

16 such conditions, the Attorney General shall take care

17 to assure—

18 (A) the currency and accuracy of the infor19 mation; and

20 (B) that the States maintain procedures to

21 permit providers to check and correct informa22 tion relating to such providers.

23 (e) DEFINITIONS.—As used in this Act—

24 (1) the term ‘‘child’’ means a person who has

25 not attained the age of 18 years;
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1 (2) the term ‘‘State’’ includes the District of

2 Columbia, Puerto Rico, and any other territory or

3 possession of the United States;

4 (3) the term ‘‘authorized agency of the State’’

5 means the agency of the State the State designates

6 to carry out the background checks described in sec7 tion 5;

8 (4) the term ‘‘qualified entity’’ means a busi9 ness or organization of any sort that provides child

10 care or child care placement services, including a

11 business or organization that licenses or certifies

12 others to provide such services;

13 (5) the term ‘‘provider’’ means any person

14 who—

15 (A) seeks or has contact with a child while

16 that child is receiving care from a qualified en17 tity; and

18 (B) seeks employment or ownership of a

19 qualified entity; and

20 (6) the term ‘‘background check crime’’ means,

21 with respect to a provider, any crime committed by

22 that provider that, as determined under rules pre23 scribed by the Attorney General, may affect the

24 safety of children under the care of a qualified entity
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1 with respect to which that provider has a relation2 ship described in paragraph (5).

3 SEC. 131. INCREASED PENALTIES FOR ASSAULTS AGAINST

4 CHILDREN.

5 (a) SIMPLE ASSAULT.—Section 113(e) of title 18,

6 United States Code, is amended by striking ‘‘by fine’’ and

7 all that follows through the period and inserting ‘‘—

8 ‘‘(A) if the victim of the assault is an individual

9 who has not attained the age of 18 years, by a fine

10 under this title or imprisonment for not more than

11 one year, or both; and

12 ‘‘(B) by a fine under this title or imprisonment

13 for not more than three months, or both, in any

14 other case.’’.

15 (b) ASSAULTS RESULTING IN SUBSTANTIAL BODILY

16 INJURY.—Section 113 of title 18, United States Code, is

17 amended by adding at the end the following:

18 ‘‘(7) Assault resulting in substantial bodily in19 jury to an individual who has not attained the age

20 of 18 years, by a fine under this title or imprison21 ment for not more than 5 years, or both.’’.

22 (c) TECHNICAL AND STYLISTIC CHANGES TO SEC23 TION 113.—Section 113 of title 18, United States Code,

24 is amended—
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1 (1) in paragraph (b), by striking ‘‘of not more

2 than $3,000’’ and inserting ‘‘under this title’’;

3 (2) in paragraph (c), by striking ‘‘of not more

4 than $1,000’’ and inserting ‘‘under this title’’;

5 (3) in paragraph (d), by striking ‘‘of not more

6 than $500’’ and inserting ‘‘under this title’’;

7 (4) in paragraph (e), by striking ‘‘of not more

8 than $300’’ and inserting ‘‘under this title’’;

9 (5) by modifying the left margin of each of

10 paragraphs (a) through (f) so that they are indented

11 2 ems;

12 (6) by redesignating paragraphs (a) through (f)

13 as paragraphs (1) through (6); and

14 (7) by inserting ‘‘(a)’’ before ‘‘Whoever’’.

15 (d) DEFINITIONS.—Section 113 of title 18, United

16 States Code, is amended by adding at the end the

17 following:

18 ‘‘(b) As used in this subsection—

19 ‘‘(1) the term ‘substantial bodily injury’ means

20 bodily injury which involves—

21 ‘‘(A) a temporary but substantial disfigure22 ment; or

23 ‘‘(B) a temporary but substantial loss or

24 impairment of the function of any bodily mem25 ber, organ, or mental faculty; and
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1 ‘‘(2) the term ‘serious bodily injury’ has the

2 meaning given that term in section 1365 of this

3 title.’’.

4 (e) ASSAULTS IN INDIAN COUNTRY.—Section

5 1153(a) of title 18, United States Code, is amended by

6 inserting ‘‘(as defined in section 1365 of this title), an

7 assault against an individual who has not attained the age

8 of 18 years’’ after ‘‘serious bodily injury’’.

9 SEC. 132. OFFENSE OF INDUCING MINORS OR OTHER PER10 SONS TO USE STEROIDS.

11 Section 404 of the Controlled Substances Act (21

12 U.S.C. 844) is amended by inserting after subsection (a)

13 the following new subsection:

14 ‘‘(b)(1) Whoever, being a physical trainer or adviser

15 to a person, attempts to persuade or induce the person

16 to possess or use anabolic steroids in violation of sub17 section (a), shall be fined under title 18, United States

18 Code, imprisoned not more than 2 years (or if the person

19 attempted to be persuaded or induced was less than 18

20 years of age at the time of the offense, 5 years), or both.

21 ‘‘(2) As used in this subsection, the term ‘physical

22 trainer or adviser’ means a professional or amateur coach,

23 manager, trainer, instructor, or other such person who

24 provides athletic or physical instruction, training, advice,

25 assistance, or any other such service to any person.’’.
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1 SEC. 133. INCREASED PENALTIES FOR DRUG DISTRIBUTION

2 TO PREGNANT WOMEN.

3 The United States Sentencing Commission shall

4 amend the sentencing guidelines to increase by at least

5 4 levels the base offense level for an offense under section

6 2241 (relating to aggravated sexual abuse) or section

7 2242 (relating to sexual abuse) of title 18, United States

8 Code, and shall consider whether any other changes are

9 warranted in the guidelines provisions applicable to such

10 offenses to ensure realization of the objectives of sentenc11 ing. In amending the guidelines in conformity with this

12 section, the Sentencing Commission shall review the ap13 propriateness and adequacy of existing offense character14 istics and adjustments applicable to such offenses, taking

15 into account the heinousness of sexual abuse offenses, the

16 severity and duration of the harm caused to victims, and

17 any other relevant factors. In any subsequent amendment

18 to the sentencing guidelines, the Sentencing Commission

19 shall maintain minimum guidelines sentences for the of20 fenses referenced in this section which are at least equal

21 to those required by this section.

22 SEC. 134. INTERSTATE ENFORCEMENT OF CHILD SUPPORT

23 ORDERS.

24 (a) TITLE 28 AMENDMENT.—Chapter 115 of title 28,

25 United States Code, is amended by inserting after section

26 1738A the following new section:
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1 ‘‘§ 1738B. Full faith and credit given to child support

2 orders

3 ‘‘(a) GENERAL RULE.—The appropriate authorities

4 of each State shall enforce according to its terms, and

5 shall not modify except as provided in subsection (e), any

6 child support order made consistently with the provisions

7 of this section by a court of another State.

8 ‘‘(b) DEFINITIONS.—As used in this section, the

9 term—

10 ‘‘(1) ‘child’ means any person under 18 years of

11 age, and includes an individual 18 or more years of

12 age for whom a child support order has been issued

13 pursuant to the laws of a State;

14 ‘‘(2) ‘child’s State’ means the State in which a

15 child currently resides;

16 ‘‘(3) ‘child support order’ means a judgment,

17 decree, or order of a court requiring the payment of

18 money, or the provision of a benefit, including health

19 insurance and life insurance, whether in periodic

20 amounts or lump sum, for the support of a child and

21 includes permanent and temporary orders, initial or22 ders and modifications, ongoing support, and arrear23 ages;

24 ‘‘(4) ‘child support’ means a payment of money

25 or provision of a benefit described in paragraph (3)

26 for the support of a child;
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1 ‘‘(5) ‘contestant’ means a person, including a

2 parent, who claims a right to receive child support

3 or against whom a right to receive child support is

4 claimed or asserted, and includes States and political

5 subdivisions to whom the right to obtain a child sup6 port order has been assigned;

7 ‘‘(6) ‘court’ means a court, administrative proc8 ess, or quasi-judicial process of a State which is au9 thorized by State law to establish the amount of

10 child support payable by a contestant or modify the

11 amount of child support payable by a contestant;

12 ‘‘(7) ‘modification’ and ‘modify’ refer to a

13 change in a child support order which affects the

14 amount, scope, or duration of such order and modi15 fies, replaces, supersedes, or otherwise is made sub16 sequent to such child support order, whether or not

17 made by the same court as such child support order;

18 and

19 ‘‘(8) ‘State’ means a State of the United

20 States, the District of Columbia, the Commonwealth

21 of Puerto Rico, the territories and possessions of the

22 United States, and Indian country as defined in sec23 tion 1151 of title 18.
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1 ‘‘(c) REQUIREMENTS OF CHILD SUPPORT ORDERS.—

2 A child support order made by a court of a State is con3 sistent with the provisions of this section only if—

4 ‘‘(1) such court, pursuant to the laws of the

5 State in which such court is located, had jurisdiction

6 to hear the matter and enter such an order and had

7 personal jurisdiction over the contestants; and

8 ‘‘(2) reasonable notice and opportunity to be

9 heard was given to the contestants.

10 ‘‘(d) CONTINUING JURISDICTION.—A court of a

11 State which has made a child support order consistently

12 with the provisions of this section has continuing, exclusive

13 jurisdiction of that order when such State is the child’s

14 State or the residence of any contestant unless another

15 State, acting in accordance with subsection (e), has modi16 fied that order.

17 ‘‘(e) AUTHORITY TO MODIFY ORDERS.—A court of

18 a State may modify a child support order with respect to

19 a child that is made by a court of another State, if—

20 ‘‘(1) it has jurisdiction to make such a child

21 support order; and

22 ‘‘(2) the court of the other State no longer has

23 continuing, exclusive jurisdiction of the child support

24 order because such State no longer is the child’s

25 State or the residence of any contestant, or each
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1 contestant has filed written consent for the State to

2 modify the order and assume continuing, exclusive

3 jurisdiction of such order.

4 ‘‘(f) ENFORCEMENT OF PRIOR ORDERS.—A court of

5 a State which no longer has continuing, exclusive jurisdic6 tion of a child support order may enforce such order with

7 respect to unsatisfied obligations which accrued before the

8 date on which a modification of such order is made under

9 subsection (e).’’.

10 (b) CONFORMING AMENDMENT.—The table of sec11 tions at the beginning of chapter 115 of title 28, United

12 States Code, is amended by inserting after the item relat13 ing to section 1738A the following:

‘‘1738B. Full faith and credit given to child support orders.’’.

14 SEC. 135. INCLUSION IN CONSUMER CREDIT REPORTS OF

15 INFORMATION ON OVERDUE CHILD SUPPORT

16 OBLIGATIONS OF THE CONSUMER.

17 (a) PROVISION TO CONSUMER REPORTING AGENCIES

18 OF INFORMATION ON OVERDUE CHILD SUPPORT OBLIGA19 TIONS OF ABSENT PARENTS.—Section 466(a)(7) of the

20 Social Security Act (42 U.S.C. 666(a)(7)) is amended—

21 (1) by striking ‘‘will’’ and inserting ‘‘shall’’;

22 (2) by striking ‘‘upon the request of such agen23 cy’’;

24 (3) by striking ‘‘, and (C)’’ and all that follows

25 through ‘‘State’’; and
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1 (4) by striking ‘‘minor’’ from 466(e) and delet2 ing ‘‘at the option’’ and all that follows through the

3 word ‘‘section.’’

4 (b) EFFECTIVE DATE.—The amendments made by

5 this section shall take effect on the 1st day of the 1st cal6 endar quarter that begins on or after the date of the en7 actment of this Act.

8 SEC. 136. CRIMES INVOLVING THE USE OF MINORS AS RICO

9 PREDICATES.

10 Paragraph (1) of section 1961 of title 18, United

11 States Code, is amended—

12 (1) by striking ‘‘or’’ before ‘‘(E)’’; and

13 (2) by inserting before the semicolon at the end

14 of the paragraph the following: ‘‘, or (F) any offense

15 against the United States that is punishable by im16 prisonment for more than 1 year and that involved

17 the use of a person below the age of 18 years in the

18 commission of the offense’’.

19 SEC. 137. INCREASED PENALTIES FOR USING MINORS IN

20 DRUG TRAFFICKING AND DRUG DISTRIBU21 TION TO MINORS.

22 (a) DRUG DISTRIBUTION TO MINOR BY RECIDI23 VIST.—Section 418(b) of the Controlled Substances Act

24 (21 U.S.C. 859(b)) is amended by striking ‘‘one year’’ and

25 inserting ‘‘3 years’’.
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1 (b) USE OF MINOR IN TRAFFICKING BY RECIDI2 VIST.—Section 420(c) of the Controlled Substances Act

3 (21 U.S.C. 861(b)) is amended by striking ‘‘one year’’ and

4 inserting ‘‘3 years’’.

5 (c) CONCURRENT VIOLATION OF PROHIBITION OF

6 USE OF MINORS AND TRAFFICKING NEAR SCHOOLS.—

7 Section 419(b) of the Controlled Substances Act (21

8 U.S.C. 860(b)) is amended by inserting ‘‘, or under cir9 cumstances involving a violation of section 420(a),’’ before

10 ‘‘is punishable’’.

11 SEC. 138. INCREASED PENALTIES FOR USING A MINOR IN

12 COMMISSION OF A FEDERAL OFFENSE.

13 (a) IN GENERAL.—Chapter 1 of title 18, United

14 States Code, is amended by adding at the end the

15 following:

‘‘§ 21. Use of children in Federal offenses

16 ‘‘(a) Except as otherwise provided by law, whoever,

17 being at least 18 years of age, uses a child to commit a

18 Federal offense, or to assist in avoiding detection or ap19 prehension for a Federal offense, shall—

20 ‘‘(1) after a previous conviction under this sub21 section has become final, be subject to 3 times the

22 maximum imprisonment and 3 times the maximum

23 fine otherwise provided for the Federal offense in

24 which the child is used; and
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1 ‘‘(2) in any other case, be subject to 2 times the

2 maximum imprisonment and 2 times the maximum

3 fine for such offense.

4 ‘‘(b) As used in this section—

5 ‘‘(1) the term ‘child’ means a person who is

6 under 18 years of age; and

7 ‘‘(2) the term ‘uses’ means employs, hires, uses,

8 persuades, induces, entices, or coerces.’’.

9 (b) CLERICAL AMENDMENT.—The table of sections

10 at the beginning of chapter 1 of title 18, United States

11 Code, is amended by adding at the end the following new

12 item:

‘‘21. Use of children in Federal offenses.’’.

13 SEC. 139. INTERNATIONAL PARENTAL KIDNAPPING.

14 (a) IN GENERAL.—Chapter 55 (relating to kidnap15 ping) of title 18, United States Code, is amended by add16 ing at the end the following:

‘‘§ 1204. International parental kidnapping

17 ‘‘(a) Whoever—

18 ‘‘(1) removes a child from the United States or

19 retains a child (who has been in the United States)

20 outside the United States—

21 ‘‘(A) in order to obstruct the lawful exer22 cise of parental rights that are established in a

23 court order;
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1 ‘‘(B) in order to obstruct the lawful exer2 cise of parental rights by the mother of that

3 child, in the case of a child—

4 ‘‘(i) whose parents have not been mar5 ried;

6 ‘‘(ii) with regard to whom paternity

7 has not been judicially established; and

8 ‘‘(iii) whose custody has not been judi9 cially granted to a person other than the

10 mother; or

11 ‘‘(C) in order to obstruct the lawful exer12 cise of parental rights during the pendency of

13 judicial proceedings to determine parental

14 rights; or

15 ‘‘(2) in any other circumstances removes a child

16 from the United States or retains a child (who has

17 been in the United States) outside the United

18 States, in order to obstruct the lawful exercise of pa19 rental rights;

20 shall be fined under this title or imprisoned not more than

21 3 years, or both.

22 ‘‘(b) As used in this section—

23 ‘‘(1) the term ‘child’ means a person who has

24 not attained the age of 18 years; and
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1 ‘‘(2) the term ‘parental rights’, with respect to

2 a child, means the right to physical custody of the

3 child—

4 ‘‘(A) whether joint or sole (and includes

5 visiting rights); and

6 ‘‘(B) whether arising by operation of law,

7 court order, or agreement of the parties.’’.

8 (b) CLERICAL AMENDMENT.—The table of sections

9 at the beginning of chapter 55 of title 18, United States

10 Code, is amended by adding at the end the following:

‘‘1204. International parental kidnapping.’’.

11 SEC. 140. STATE COURT PROGRAMS REGARDING INTER12 NATIONAL PARENTAL CHILD ABDUCTION.

13 There is authorized to be appropriated $250,000 to

14 carry out under the State Justice Institute Act of 1984

15 (42 U.S.C. 10701–10713) national, regional, and in-State

16 training and educational programs dealing with criminal

17 and civil aspects of interstate and international parental

18 child abduction.

19 Subtitle D—Punishment of Serious

20 Juvenile Offenders

21 SEC. 151. SERIOUS JUVENILE DRUG OFFENSES AS ARMED

22 CAREER CRIMINAL ACT PREDICATES.

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

24 is amended—

25 (1) by striking ‘‘or’’ at the end of clause (i);
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1 (2) by adding ‘‘or’’ at the end of clause (ii); and

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

3 ‘‘(iii) any act of juvenile delinquency

4 that if committed by an adult would be a

5 serious drug offense described in this para6 graph;’’.

7 SEC. 152. PROSECUTION AS ADULTS OF VIOLENT JUVENILE

8 OFFENDERS.

9 Section 5032 of title 18, United States Code, is

10 amended by adding at the end the following new para11 graph:

12 ‘‘Notwithstanding any other provision of this section

13 or any other law, a juvenile who was 13 years old or older

14 on the date of the commission of an offense under section

15 113 (a), (b), or (c), 1111, 1113, 2111, or 2113 (if the

16 juvenile was in possession of a firearm during the offense),

17 or 2241 (a) or (c) (if the juvenile was in possession of

18 a firearm during the offense) of this title shall be pros19 ecuted as an adult in Federal court. If a juvenile pros20 ecuted under this paragraph is convicted, the juvenile shall

21 be entitled to file a petition for resentencing pursuant to

22 applicable sentencing guidelines no earlier than two years

23 following the original conviction, or when he or she reaches

24 the age of 18, whichever is later. The United States Sen25 tencing Commission shall promulgate guidelines or amend
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1 existing guidelines, if necessary, to carry out the purposes

2 of this paragraph. For resentencing determinations pursu3 ant to subsection (b), the Commission may promulgate

4 guidelines, if necessary, to permit sentencing adjustments

5 which may include adjustments which provide for super6 vised releases, for defendants who have clearly dem7 onstrated an exceptional degree of responsibility for the

8 offense and a willingness and ability to refrain from future

9 criminal conduct.’’.

10 SEC. 153. AMENDMENTS CONCERNING RECORDS OF

11 CRIMES COMMITTED BY JUVENILES.

12 (a) IN GENERAL.—Section 5038 of title 18, United

13 States Code, is amended by striking subsections (d) and

14 (f), redesignating subsection (e) as subsection (d), and by

15 adding at the end new subsections (e) and (f) as follows:

16 ‘‘(e) Whenever a juvenile has been found guilty of

17 committing an act which if committed by an adult would

18 be an offense described in clause (3) of the first paragraph

19 of section 5032 of this title, the juvenile shall be

20 fingerprinted and photographed, and the fingerprints and

21 photograph shall be sent to the Federal Bureau of Inves22 tigation, Identification Division. The court shall also

23 transmit to the Federal Bureau of Investigation, Identi24 fication Division, the information concerning the adjudica25 tion, including name, date of adjudication, court, offenses,
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1 and sentence, along with the notation that the matter was

2 a juvenile adjudication. The fingerprints, photograph, and

3 other records and information relating to a juvenile de4 scribed in this subsection, or to a juvenile who is pros5 ecuted as an adult, shall be made available in the manner

6 applicable to adult defendants.

7 ‘‘(f) In addition to any other authorization under this

8 section for the reporting, retention, disclosure, or avail9 ability of records or information, if the law of the State

10 in which a Federal juvenile delinquency proceeding takes

11 place permits or requires the reporting, retention, disclo12 sure, or availability of records or information relating to

13 a juvenile or to a juvenile delinquency proceeding or adju14 dication in certain circumstances, then such reporting, re15 tention, disclosure, or availability is permitted under this

16 section whenever the same circumstances exist.’’.

17 (b) REPEAL.—Section 3607 of title 18, United States

18 Code, is repealed, and the corresponding item in the chap19 ter analysis for chapter 229 of title 18 is deleted.

20 (c) CONFORMING AMENDMENT.—Section 401(b)(4)

21 of the Controlled Substances Act (21 U.S.C. 841(b)(4))

22 is amended by striking ‘‘and section 3607 of title 18’’.
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1 TITLE II—STATE PRISON

2 CONSTRUCTION GRANTS

3 SEC. 201. GRANTS.

4 The Attorney General is authorized to provide grants

5 to States to build, expand, or operate space in correctional

6 facilities in order to increase the prison bed capacity in

7 such facilities.

8 SEC. 202. FEDERAL FUNDS.

9 (a) DISTRIBUTION OF FUNDS IN FISCAL YEAR

10 1995.—Of the total amount of funds appropriated under

11 this title in fiscal year 1995, there shall be allocated to

12 each State an amount which bears the same ratio to the

13 amount of funds appropriated pursuant to this title as the

14 number of part I violent crimes reported by the States

15 to the Federal Bureau of Investigation for 1993 bears to

16 the number of part I violent crimes reported by all States

17 to the Federal Bureau of Investigation for 1993.

18 (b) DISTRIBUTION OF FUNDS IN FISCAL YEARS 1996

19 THROUGH 1999.—Seventy-five percent of the total

20 amount of funds appropriated under this title in fiscal

21 years 1996, 1997, 1998, and 1999 shall be allocated to

22 each State according to the formula established in sub23 section (a) adjusted to reflect in each year the most recent

24 data from the Federal Bureau of Investigation reporting

25 Part I violent crimes.
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1 (c) INCENTIVE FUND.—Twenty-five percent of the

2 total amount of funds appropriated under this title in each

3 of the fiscal years 1996, 1997, 1998, and 1999 shall be

4 allocated to States which make changes to State laws and

5 regulations which include—

6 (1) truth in sentencing laws which will require

7 persons convicted of violent crimes to serve not less

8 than 85 percent of the sentence imposed;

9 (2) mandatory prison sentences for persons con10 victed of the most serious violent crimes;

11 (3) pretrial detention for persons whose release

12 it can be shown would pose a danger to any other

13 person or the community;

14 (4) sentencing authority to allow the defend15 ant’s victims or the family of victims the opportunity

16 to be heard regarding the issue of sentencing and

17 provide that the victim or the victim’s family will be

18 notified whenever such defendant is to be released;

19 (5) that a person who is convicted of a serious

20 violent felony shall be—

21 (A) sentenced to life imprisonment or

22 death if the person has been convicted on one

23 or more prior occasions in a court of the United

24 States or of a State of a serious violent felony,

25 or one or more serious drug offenses;
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1 (B) sentenced to life imprisonment or

2 death if each serious violent felony or serious

3 drug offense used as a basis for sentencing

4 under this subsection, other than the first, was

5 committed after the defendant’s conviction of

6 the preceding serious violent felony or serious

7 drug offense;

8 (C) subject to the death penalty if a death

9 of a person results from the commission of a se10 rious violent felony or serious drug offense.

11 (6) the authorization for the use of corporal

12 punishment for persons convicted of serious mis13 demeanors at the discretion of the sentencing au14 thority, and for State prisoners who have committed

15 serious infractions of prison policy or rules, as deter16 mined by the prison warden;

17 (7) a requirement that a member of a gang who

18 knowingly conspires with other gang members to

19 commit a violent crime or serious drug offense is

20 punishable to the same extent as a gang member

21 who commits and is found guilty of committing a

22 violent crime or drug offense;

23 (8) a requirement that the responsible prison

24 correctional officer in each State develops and imple25 ments a plan to provide 3 levels of prisoner housing,
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1 amenities, and privileges as incentive awards related

2 to the degree of prison-related work in which each

3 inmate voluntarily participates and provides only

4 minimal cell accommodations and no amenities or

5 privileges for ablebodied inmates who decline to per6 form any prison work; and

7 (9) the requirement that a juvenile who was 13

8 years old or older on the date of the commission of

9 an violent felony is prosecuted as an adult.

10 For purposes of paragraph 6, the term ‘‘corporal punish11 ment’’ means physical punishment administered in a form

12 and fashion to be determined and ordered by a court which

13 causes pain, but not permanent physical injury.

14 SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

15 (a) IN GENERAL.—For purposes of this title, there

16 are authorized to be appropriated—

17 (1) $2,500,000,000 for fiscal year 1995;

18 (2) $2,000,000,000 for fiscal year 1996;

19 (3) $2,000,000,000 for fiscal year 1997;

20 (4) $2,000,000,000 for fiscal year 1998; and

21 (5) $2,000,000,000 for fiscal year 1999.

22 (b) LIMITATIONS ON FUNDS.—

23 (1) NONSUPPLANTING REQUIREMENT.—Funds

24 made available under this section shall not be used

25 to supplant State funds, but shall be used to in-
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1 crease the amount of funds that would, in the ab2 sence of Federal funds, be made available from

3 State sources.

4 (2) ADMINISTRATIVE COSTS.—Not more than 3

5 percent of the funds available under this section may

6 be used for administrative costs.

7 (3) MATCHING FUNDS.—The portion of the

8 costs of a program provided by a grant under this

9 section may not exceed 90 percent of the total costs

10 of the program as described in the application.

11 (4) CARRY OVER OF APPROPRIATIONS.—Any

12 funds appropriated but not expended as provided by

13 this section during any fiscal year shall be carried

14 over and will be made available until expended.

15 SEC. 204. DEFINITIONS.

16 For purposes of this title—

17 (1) the term ‘‘violent felony’’ means—

18 (A) a felony offense that has as an element

19 the use, attempted use, or threatened use of

20 physical force against the person of another, or

21 (B) any other offense that is a felony and

22 that, by its nature, involves substantial risk

23 that physical force against the person of an24 other may be used in the course of committing

25 the offense.;
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1 (2) the term ‘‘serious drug offender’’ has the

2 same meaning as that is used in section

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

4 (3) the term ‘‘State’’ means any of the United

5 States and the District of Columbia;

6 (4) the term ‘‘convicted’’ means convicted and

7 sentenced to a term in a State corrections institution

8 or a period of formal probation; and

9 (5) the term ‘‘Part I violent crimes’’ means

10 murder, rape, robbery, and aggravated assault as

11 those offenses are reported to the Federal Bureau of

12 Investigation for purposes of the Uniform Crime

13 Reports.

14 TITLE III—ELIMINATION OF

15 DELAYS IN CARRYING OUT

16 SENTENCES

17 Subtitle A—Post Conviction Peti18 tions: General Habeas Corpus

19 Reform

20 SEC. 301. PERIOD OF LIMITATION FOR FILING WRIT OF HA21 BEAS CORPUS FOLLOWING FINAL JUDGMENT

22 OF A STATE COURT.

23 Section 2244 of title 28, United States Code, is

24 amended by adding at the end the following:
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1 ‘‘(d) A one-year period of limitation shall apply to an

2 application for a writ of habeas corpus by a person in cus3 tody pursuant to the judgment of a State court. The limi4 tation period shall run from the latest of the following

5 times:

6 ‘‘(1) The time at which State remedies are ex7 hausted.

8 ‘‘(2) The time at which the impediment to filing

9 an application created by State action in violation of

10 the Constitution or laws of the United States is re11 moved, where the applicant was prevented from fil12 ing by such State action.

13 ‘‘(3) The time at which the Federal right as14 serted was initially recognized by the United States

15 Supreme Court, where the right has been newly rec16 ognized by the Court and is retroactively applicable.

17 ‘‘(4) The time at which the factual predicate of

18 the claim or claims presented could have been dis19 covered through the exercise of reasonable dili20 gence.’’.
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1 SEC. 302. AUTHORITY OF APPELLATE JUDGES TO ISSUE

2 CERTIFICATES OF PROBABLE CAUSE FOR AP3 PEAL IN HABEAS CORPUS AND FEDERAL COL4 LATERAL RELIEF PROCEEDINGS.

5 Section 2253 of title 28, United States Code, is

6 amended to read as follows:

7 ‘‘§ 2253. Appeal

8 ‘‘(a) In a habeas corpus proceeding or a proceeding

9 under section 2255 of this title before a circuit or district

10 judge, the final order shall be subject to review, on appeal,

11 by the court of appeals for the circuit where the proceed12 ing is had.

13 ‘‘(b) There shall be no right of appeal from such an

14 order in a proceeding to test the validity of a warrant to

15 remove, to another district or place for commitment or

16 trial, a person charged with a criminal offense against the

17 United States, or to test the validity of his detention pend18 ing removal proceedings.

19 ‘‘(c) An appeal may not be taken to the court of ap20 peals from the final order in a habeas corpus proceeding

21 where the detention complained of arises out of process

22 issued by a State court, or from the final order in a pro23 ceeding under section 2255 of this title, unless a circuit

24 justice or judge issues a certificate of probable cause.’’.
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1 SEC. 303. CONFORMING AMENDMENT TO THE RULES OF

2 APPELLATE PROCEDURE.

3 Federal Rule of Appellate Procedure 22 is amended

4 to read as follows:

5 ‘‘RULE 22

6 ‘‘HABEAS CORPUS AND SECTION 2255 PROCEEDINGS

7 ‘‘(a) APPLICATION FOR AN ORIGINAL WRIT OF HA8 BEAS CORPUS.—An application for a writ of habeas cor9 pus shall be made to the appropriate district court. If ap10 plication is made to a circuit judge, the application will

11 ordinarily be transferred to the appropriate district court.

12 If an application is made to or transferred to the district

13 court and denied, renewal of the application before a cir14 cuit judge is not favored; the proper remedy is by appeal

15 to the court of appeals from the order of the district court

16 denying the writ.

17 ‘‘(b) NECESSITY OF CERTIFICATE OF PROBABLE

18 CAUSE FOR APPEAL.—In a habeas corpus proceeding in

19 which the detention complained of arises out of process

20 issued by a State court, and in a motion proceeding pursu21 ant to section 2255 of title 28, United States Code, an

22 appeal by the applicant or movant may not proceed unless

23 a circuit judge issues a certificate of probable cause. If

24 a request for a certificate of probable cause is addressed

25 to the court of appeals, it shall be deemed addressed to

26 the judges thereof and shall be considered by a circuit
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1 judge or judges as the court deems appropriate. If no ex2 press request for a certificate is filed, the notice of appeal

3 shall be deemed to constitute a request addressed to the

4 judges of the court of appeals. If an appeal is taken by

5 a State or the Government or its representative, a certifi6 cate of probable cause is not required.’’.

7 SEC. 304. DISCRETION TO DENY HABEAS CORPUS APPLICA8 TION DESPITE FAILURE TO EXHAUST STATE

9 REMEDIES.

10 Section 2254(b) of title 28, United State Code, is

11 amended to read as follows:

12 ‘‘(b) An application for a writ of habeas corpus in

13 behalf of a person in custody pursuant to the judgment

14 of a State court shall not be granted unless it appears

15 that the applicant has exhausted the remedies available

16 in the courts of the State, or that there is either an ab17 sence of available State corrective process or the existence

18 of circumstances rendering such process ineffective to pro19 tect the rights of the applicant. An application may be

20 denied on the merits notwithstanding the failure of the

21 applicant to exhaust the remedies available in the courts

22 of the State.’’.
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1 SEC. 305. PERIOD OF LIMITATION FOR FEDERAL PRIS2 ONERS FILING FOR COLLATERAL REMEDY.

3 Section 2255 of title 28, United States Code, is

4 amended by striking the second paragraph and the penul5 timate paragraph thereof, and by adding at the end the

6 following new paragraphs:

7 ‘‘A one-year period of limitation shall apply to a mo8 tion under this section. The limitation period shall run

9 from the latest of the following times:

10 ‘‘(1) The time at which the judgment of convic11 tion becomes final.

12 ‘‘(2) The time at which the impediment to mak13 ing a motion created by governmental action in vio14 lation of the Constitution or laws of the United

15 States is removed, where the movant was prevented

16 from making a motion by such governmental action.

17 ‘‘(3) The time at which the right asserted was

18 initially recognized by the United States Supreme

19 Court, where the right has been newly recognized by

20 the Court and is retroactively applicable.

21 ‘‘(4) The time at which the factual predicate of

22 the claim or claims presented could have been dis23 covered through the exercise of reasonable dili24 gence.’’.
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1 Subtitle B—Special Procedures for

2 Collateral Proceedings in Cap3 ital Cases

4 SEC. 311. DEATH PENALTY LITIGATION PROCEDURES.

5 (a) IN GENERAL.—Title 28, United States Code, is

6 amended by inserting the following new chapter imme7 diately following chapter 153:

8 ‘‘CHAPTER 154—SPECIAL HABEAS CORPUS

9 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.

10 ‘‘§ 2256. Prisoners in State custody subject to capital

11 sentence; appointment of counsel; re12 quirement of rule of court or statute; pro13 cedures for appointment

14 ‘‘(a) This chapter shall apply to cases arising under

15 section 2254 brought by prisoners in State custody who

16 are subject to a capital sentence. It shall apply only if the

17 provisions of subsections (b) and (c) are satisfied.

18 ‘‘(b) This chapter is applicable if a State establishes

19 by rule of its court of last resort or by statute a mecha-
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1 nism for the appointment, compensation and payment of

2 reasonable litigation expenses of competent counsel in

3 State postconviction proceedings brought by indigent pris4 oners whose capital convictions and sentences have been

5 upheld on direct appeal to the court of last resort in the

6 State or have otherwise become final for State law pur7 poses. The rule of court or statute must provide standards

8 of competency for the appointment of such counsel.

9 ‘‘(c) Any mechanism for the appointment, compensa10 tion and reimbursement of counsel as provided in sub11 section (b) must offer counsel to all State prisoners under

12 capital sentence and must provide for the entry of an

13 order by a court of record: (1) appointing one or more

14 counsel to represent the prisoner upon a finding that the

15 prisoner is indigent and accepted the offer or is unable

16 competently to decide whether to accept or reject the offer;

17 (2) finding, after a hearing if necessary, that the prisoner

18 rejected the offer of counsel and made the decision with

19 an understanding of its legal consequences; or (3) denying

20 the appointment of counsel upon a finding that the pris21 oner is not indigent.

22 ‘‘(d) No counsel appointed pursuant to subsections

23 (b) and (c) to represent a State prisoner under capital

24 sentence shall have previously represented the prisoner at

25 trial or on direct appeal in the case for which the appoint-
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1 ment is made unless the prisoner and counsel expressly

2 request continued representation in writing.

3 ‘‘(e) The ineffectiveness or incompetence of counsel

4 during State or Federal collateral postconviction proceed5 ings in a capital case shall not be a ground for relief in

6 a proceeding arising under section 2254 of this chapter.

7 This limitation shall not preclude the appointment of dif8 ferent counsel, on the court’s own motion or at the request

9 of the prisoner or counsel, at any phase of State or Fed10 eral postconviction proceedings on the basis of the ineffec11 tiveness or incompetence of counsel in such proceedings.

12 ‘‘§ 2257. Mandatory stay of execution; duration; limits

13 on stays of execution; successive peti14 tions

15 ‘‘(a) Upon the entry in the appropriate State court

16 of record of an order under section 2256(c), a warrant

17 or order setting an execution date for a State prisoner

18 shall be stayed upon application to any court that would

19 have jurisdiction over any proceedings filed under section

20 2254. The application must recite that the State has in21 voked the postconviction review procedures of this chapter

22 and that the scheduled execution is subject to stay.

23 ‘‘(b) A stay of execution granted pursuant to sub24 section (a) shall expire if—
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1 ‘‘(1) a State prisoner fails to file a habeas cor2 pus petition under section 2254 within the time re3 quired in section 2258, or fails to make a timely ap4 plication for court of appeals review following the de5 nial of such a petition by a district court;

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

7 of appeals review under section 2254 the petition for

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

9 for writ of certiorari has expired and no petition has

10 been filed; (B) a timely petition for writ of certiorari

11 was filed and the United States Supreme Court de12 nied the petition; or (C) a timely petition for writ of

13 certiorari was filed and upon consideration of the

14 case, the United States Supreme Court disposed of

15 it in a manner that left the capital sentence undis16 turbed; or

17 ‘‘(3) before a court of competent jurisdiction, in

18 the presence of counsel and after having been ad19 vised of the consequences of his decision, a State

20 prisoner under capital sentence waives in writing the

21 right to pursue habeas corpus review under section

22 2254.

23 ‘‘(c) If one of the conditions in subsection (b) has

24 occurred, no Federal court thereafter shall have the au-
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1 thority to enter a stay of execution or grant relief in a

2 capital case unless—

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

4 is a claim not previously presented in the State or

5 Federal courts;

6 ‘‘(2) the failure to raise the claim is (A) the re7 sult of State action in violation of the Constitution

8 or laws of the United States; (B) the result of the

9 Supreme Court recognition of a new Federal right

10 that is retroactively applicable; or (C) based on a

11 factual predicate that could not have been discovered

12 through the exercise of reasonable diligence in time

13 to present the claim for State or Federal

14 postconviction review; and

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

16 sufficient, if proven, to undermine the court’s con17 fidence in the determination of guilt on the offense

18 or offenses for which the death penalty was imposed.

19 ‘‘§ 2258. Filing of habeas corpus petition; time re20 quirements; tolling rules

21 ‘‘Any petition for habeas corpus relief under section

22 2254 must be filed in the appropriate district court within

23 one hundred and eighty days from the filing in the appro24 priate State court of record of an order under section
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1 2256(c). The time requirements established by this section

2 shall be tolled—

3 ‘‘(1) from the date that a petition for writ of

4 certiorari is filed in the United States Supreme

5 Court until the date of final disposition of the peti6 tion if a State prisoner files the petition to secure

7 review by the United States Supreme Court of the

8 affirmance of a capital sentence on direct review by

9 the court of last resort of the State or other final

10 State court decision on direct review;

11 ‘‘(2) during any period in which a State pris12 oner under capital sentence has a properly filed re13 quest for postconviction review pending before a

14 State court of competent jurisdiction; if all State fil15 ing rules are met in a timely manner, this period

16 shall run continuously from the date that the State

17 prisoner initially files for postconviction review until

18 final disposition of the case by the highest court of

19 the State, but the time requirements established by

20 this section are not tolled during the pendency of a

21 petition for writ of certiorari before the United

22 States Supreme Court except as provided in para23 graph (1); and

24 ‘‘(3) during an additional period not to exceed

25 sixty days, if (A) a motion for an extension of time
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1 is filed in the Federal district court that would have

2 proper jurisdiction over the case upon the filing of

3 a habeas corpus petition under section 2254; and

4 (B) a showing of good cause is made for the failure

5 to file the habeas corpus petition within the time pe6 riod established by this section.

7 ‘‘§ 2259. Evidentiary hearings; scope of Federal re8 view; district court adjudication

9 ‘‘(a) Whenever a State prisoner under a capital sen10 tence files a petition for habeas corpus relief to which this

11 chapter applies, the district court shall—

12 ‘‘(1) determine the sufficiency of the record for

13 habeas corpus review based on the claims actually

14 presented and litigated in the State courts except

15 when the prisoner can show that the failure to raise

16 or develop a claim in the State courts is (A) the re17 sult of State action in violation of the Constitution

18 or laws of the United States; (B) the result of the

19 Supreme Court recognition of a new Federal right

20 that is retroactively applicable; or (C) based on a

21 factual predicate that could not have been discovered

22 through the exercise of reasonable diligence in time

23 to present the claim for State postconviction review;

24 and
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1 ‘‘(2) conduct any requested evidentiary hearing

2 necessary to complete the record for habeas corpus

3 review.

4 ‘‘(b) Upon the development of a complete evidentiary

5 record, the district court shall rule on the claims that are

6 properly before it.

7 ‘‘§ 2260. Certificate of probable cause inapplicable

8 ‘‘The requirement of a certificate of probable cause

9 in order to appeal from the district court to the court of

10 appeals does not apply to habeas corpus cases subject to

11 the provisions of this chapter except when a second or suc12 cessive petition is filed.

13 ‘‘§ 2261. Application to State unitary review proce14 dure

15 ‘‘(a) For purposes of this section, a ‘unitary review’

16 procedure means a State procedure that authorizes a per17 son under sentence of death to raise, in the course of di18 rect review of the judgment, such claims as could be raised

19 on collateral attack. The provisions of this chapter shall

20 apply, as provided in this section, in relation to a State

21 unitary review procedure if the State establishes by rule

22 of its court of last resort or by statute a mechanism for

23 the appointment, compensation and payment of reasonable

24 litigation expenses of competent counsel in the unitary re25 view proceedings, including expenses relating to the litiga-
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1 tion of collateral claims in the proceedings. The rule of

2 court or statute must provide standards of competency for

3 the appointment of such counsel.

4 ‘‘(b) A unitary review procedure, to qualify under this

5 section, must include an offer of counsel following trial

6 for the purpose of representation on unitary review, and

7 entry of an order, as provided in section 2256(c), concern8 ing appointment of counsel or waiver or denial of appoint9 ment of counsel for that purpose. No counsel appointed

10 to represent the prisoner in the unitary review proceedings

11 shall have previously represented the prisoner at trial in

12 the case for which the appointment is made unless the

13 prisoner and counsel expressly request continued represen14 tation in writing.

15 ‘‘(c) Sections 2257, 2258, 2259, 2260, and 2262

16 shall apply in relation to cases involving a sentence of

17 death from any State having a unitary review procedure

18 that qualifies under this section. References to State ‘post19 conviction review’ and ‘direct review’ in those sections

20 shall be understood as referring to unitary review under

21 the State procedure. The references in sections 2257(a)

22 and 2258 to ‘an order under section 2256(c)’ shall be un23 derstood as referring to the post-trial order under sub24 section (b) concerning representation in the unitary review

25 proceedings, but if a transcript of the trial proceedings
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1 is unavailable at the time of the filing of such an order

2 in the appropriate State court, then the start of the one

3 hundred and eighty day limitation period under section

4 2258 shall be deferred until a transcript is made available

5 to the prisoner or his counsel.

6 ‘‘§ 2262. Limitation periods for determining petitions

7 ‘‘(a) The adjudication of any petition under section

8 2254 of title 28, United States Code, that is subject to

9 this chapter, and the adjudication of any motion under

10 section 2255 of title 28, United States Code, by a person

11 under sentence of death, shall be given priority by the dis12 trict court and by the court of appeals over all noncapital

13 matters. The adjudication of such a petition or motion

14 shall be subject to the following time limitations:

15 ‘‘(1) A Federal district court shall determine

16 such a petition or motion within 180 days of filing.

17 ‘‘(2)(A) The court of appeals shall hear and de18 termine any appeal relating to such a petition or

19 motion within 180 days after the notice of appeal is

20 filed.

21 ‘‘(B) The court of appeals shall decide any ap22 plication for rehearing en banc within 30 days of the

23 filing of such application unless a responsive plead24 ing is required in which case the court of appeals

25 shall decide the application within 30 days of the fil-
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1 ing of the responsive pleading. If en banc consider2 ation is granted, the en banc court shall determine

3 the appeal within 180 days of the decision to grant

4 such consideration.

5 ‘‘(b) The time limitations under subsection (a) shall

6 apply to an initial petition or motion, and to any second

7 or successive petition or motion. The same limitations

8 shall also apply to the re-determination of a petition or

9 motion or related appeal following a remand by the court

10 of appeals or the Supreme Court for further proceedings,

11 and in such a case the limitation period shall run from

12 the date of the remand.

13 ‘‘(c) The time limitations under this section shall not

14 be construed to entitle a petitioner or movant to a stay

15 of execution, to which the petitioner or movant would oth16 erwise not be entitled, for the purpose of litigating any

17 petition, motion, or appeal.

18 ‘‘(d) The failure of a court to meet or comply with

19 the time limitations under this section shall not be a

20 ground for granting relief from a judgment of conviction

21 or sentence. The State or Government may enforce the

22 time limitations under this section by applying to the court

23 of appeals or the Supreme Court for a writ of mandamus.

24 ‘‘(e) The Administrative Office of United States

25 Courts shall report annually to Congress on the compli-
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1 ance by the courts with the time limits established in this

2 section.

3 ‘‘§ 2263. Rule of construction

4 ‘‘This chapter shall be construed to promote the expe5 ditious conduct and conclusion of State and Federal court

6 review in capital cases.’’.

7 (b) CLERICAL AMENDMENT.—The table of chapters

8 at the beginning of part VI of title 28, United States Code,

9 is amended by inserting after the item relating to chapter

10 153 the following new item:

‘‘154. Special habeas corpus procedures in capital cases 2256’’.

11 Subtitle C—Funding for Litigation

12 of Federal Habeas Corpus Peti13 tions in Capital Cases

14 SEC. 321. FUNDING FOR DEATH PENALTY PROSECUTIONS.

15 Part E of title I of the Omnibus Crime Control and

16 Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is

17 amended by adding at the end the following new section:

18 ‘‘SEC. 515. Notwithstanding any other provision of

19 this subpart, the Director shall provide grants to the

20 States, from the funding allocated pursuant to section

21 511, for the purpose of supporting litigation pertaining to

22 Federal habeas corpus petitions in capital cases. The total

23 funding available for such grants within any fiscal year

24 shall be equal to the funding provided to capital resource
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1 centers, pursuant to Federal appropriation, in the same

2 fiscal year.’’.

3 TITLE IV—TWO STRIKES, YOU’RE

4 OUT

5 SEC. 401. LIFE IMPRISONMENT OR DEATH PENALTY FOR

6 SECOND VIOLENT FELONY CONVICTION.

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

8 amended by adding at the end the following:

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

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

11 other provision of this title or any other law, in the

12 case of a conviction for a Federal violent felony, the

13 court shall sentence the defendant to prison for life

14 if the defendant has previously been convicted of one

15 or more other violent felonies and if a death results

16 from the violent felony, the defendant shall be sub17 ject to the death penalty.

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

19 term ‘violent felony’ is a State or Federal crime of

20 violence (as defined in section 16 of this title)—

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

22 or the risk of use of physical force against the

23 person of another;

24 ‘‘(B) for which the maximum authorized

25 imprisonment exceeds five years; and
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1 ‘‘(C) which is not designated a mis2 demeanor by the law that defines the offense.

3 ‘‘(3) RULE OF CONSTRUCTION.—This sub4 section shall not be construed to prevent the imposi5 tion of the death penalty.’’.

6 TITLE V—TAKING PRISONERS

7 OFF THE STREETS

8 Subtitle A—Expanding Prison

9 Capacity

10 SEC. 501. NON-APPLICABILITY OF DAVIS-BACON TO PRISON

11 CONSTRUCTION.

12 (a) FEDERAL PRISON CONSTRUCTION.—Section 1 of

13 the Davis-Bacon Act of March 3, 1991 (46 Stat. 1494,

14 as amended, 40 U.S.C. 276a) is amended by adding at

15 the end the following new subsection:

16 ‘‘(c) The requirements of this section shall not apply

17 to contracts for construction, alteration, and/or repair of

18 institutions used to incarcerate persons held under author19 ity of any enactment of Congress.’’.

20 (b) EFFECTIVE DATE.—The amendment made by

21 subsection (a) shall become effective on the date of enact22 ment of this Act.
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1 Subtitle B—Restriction on Court

2 Jurisdiction

3 SEC. 502. RESTRICTED FEDERAL COURT JURISDICTION IN

4 IMPOSING REMEDIES ON STATE AND FED5 ERAL PRISON SYSTEMS.

6 (a) IN GENERAL.—Title 28, United States Code is

7 amended by inserting after chapter 176 the following new

8 chapter:

9 ‘‘CHAPTER 177—ACTIONS CHALLENGING

10 CONDITIONS OF CONFINEMENT

‘‘Sec.

‘‘3401. Limitations on remedies.

‘‘3402. Consent decrees.

‘‘3403. Modification of orders or decrees.

11 ‘‘§ 3401. Limitations on remedies

12 ‘‘(a)(1) If the district court, in any action challenging

13 the constitutionality of conditions of confinement in any

14 prison, jail, detention facility, or other correctional institu15 tion housing persons accused or convicted of a crime or

16 juveniles adjudicated delinquent, finds that one or more

17 conditions of confinement are in violation of the United

18 States Constitution, the court shall narrowly tailor any re19 lief to fit the nature and extent of the violations and shall

20 make the order no more intrusive than absolutely nec21 essary to ensure that the violations are remedied. The

22 court shall have no jurisdiction—
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1 ‘‘(A) to impose a ceiling on the population of

2 any institution or to require any adjustment of the

3 release dates of inmates; or

4 ‘‘(B) to prohibit the use of tents or prefab5 ricated structures for housing inmates.

6 ‘‘§ 3402. Consent decrees

7 ‘‘(a) No consent decree in any action challenging the

8 constitutionality of conditions of confinement in any pris9 on, jail, detention facility, or other correctional institution

10 housing persons accused or convicted of a crime or juve11 niles adjudicated delinquent shall provide relief greater

12 than the minimum required to bring the conditions of con13 finement into substantial compliance with the United

14 States Constitution.

15 ‘‘(b) In entering a consent decree, the court shall

16 make a written finding that the relief provided in the de17 cree is no greater than the minimum required to bring

18 the conditions of confinement into substantial compliance

19 with the United States Constitution. If it appears to the

20 court that the relief provided in the decree is greater than

21 the minimum required, the court may recommend changes

22 in the decree.

23 ‘‘§ 3403. Modification of orders or decrees

24 ‘‘(a)(1) Upon motion of a defendant at any time, the

25 court may conduct a hearing on whether an order or de-
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1 cree described in section 3401 or 3402 of this title should

2 be modified in light of—

3 ‘‘(A) changed factual circumstances affecting

4 the operation of the order or decree, whether or not

5 foreseeable;

6 ‘‘(B) a change or clarification of the governing

7 law, whether or not foreseeable;

8 ‘‘(C) a succession in office of an official respon9 sible for having consented to a decree;

10 ‘‘(D) the government’s financial constraints or

11 any other matter affecting public safety or the pub12 lic interest; or

13 ‘‘(E) any ground provided in Rule 60(b) of the

14 Federal Rules of Civil Procedure.

15 ‘‘(2) The court shall conduct such a hearing if the

16 motion was filed more than one year after the date of the

17 order or decree or the date on which the last previous

18 modification hearing was conducted, whichever is later.

19 ‘‘(b) If the court denies a motion to modify an order

20 or consent decree under subsection (a) of this section, the

21 court shall make a written finding that the relief provided

22 in the order or decree, as of the date of decision, is no

23 greater than the minimum required to bring the conditions

24 of confinement into substantial compliance with the

25 United States Constitution.’’.
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1 (b) CLERICAL AMENDMENT.—The table of chapters

2 at the beginning of part VI of title 28, United States Code,

3 is amended by inserting after the item relating to chapter

4 176 the following:

‘‘177. Actions Challenging Conditions of Confinement ....... 3401’’.

5 Subtitle C—Limitation of

6 Prisoners’ Rights

7 SEC. 511. EXHAUSTION REQUIREMENT.

8 Section 8(a) of the Civil Rights of Institutionalized

9 Persons Act (42 U.S.C. 1997e) is amended—

10 (1) in paragraph (1)—

11 (A) by striking ‘‘in any action brought’’

12 and inserting ‘‘no action shall be brought’’;

13 (B) by striking ‘‘the court shall’’ and all

14 that follows through ‘‘require exhaustion of’’

15 and insert ‘‘until’’; and

16 (C) by inserting ‘‘are exhausted’’ after

17 ‘‘available’’; and

18 (2) in paragraph (2), by inserting ‘‘or are oth19 erwise fair and effective’’ before the period at the

20 end.

21 SEC. 512. FRIVOLOUS ACTIONS.

22 Section 8(a) of the Civil Rights of Institutionalized

23 Persons Act (42 U.S.C. 1997e(a)) is amended by adding

24 at the end the following:
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1 ‘‘(3) The court shall on its own motion or on

2 motion of a party dismiss any action brought pursu3 ant to section 1979 of the Revised Statutes of the

4 United States by an adult convicted of a crime and

5 confined in any jail, prison, or other correctional fa6 cility if the court is satisfied that the action fails to

7 state a claim upon which relief can be granted or is

8 frivolous or malicious.

9 SEC. 513. MODIFICATION OF REQUIRED MINIMUM STAND10 ARDS.

11 Section 8(b)(2) of the Civil Rights of Institutionalized

12 Persons Act (42 U.S.C. 1997e(b)(2)) is amended by strik13 ing subparagraph (A) and redesignating subparagraphs

14 (B) through (E) as subparagraphs (A) through (D), re15 spectively.

16 SEC. 514. REVIEW AND CERTIFICATION PROCEDURE

17 CHANGES.

18 Section 8(c) of the Civil Rights of Institutionalized

19 Persons Act (42 U.S.C. 1997e(c)) is amended—

20 (1) in paragraph (1), by inserting ‘‘or are oth21 erwise fair and effective’’ before the period at the

22 end; and

23 (2) in paragraph (2), by inserting ‘‘or is no

24 longer fair and effective’’ before the period at the

25 end.
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1 SEC. 515. PROCEEDINGS IN FORMA PAUPERIS.

2 (a) DISMISSAL.—Section 1915(d) of title 28, United

3 States Code, is amended—

4 (1) by inserting ‘‘at any time’’ after ‘‘counsel

5 and may’’; and

6 (2) by striking ‘‘and may’’ and inserting ‘‘and

7 shall’’;

8 (3) by inserting ‘‘fails to state a claim upon

9 which relief may be granted or’’ after ‘‘that the ac10 tion’’; and

11 (4) by inserting ‘‘even if partial failing fees

12 have been imposed by the court’’ before the period.

13 (b) PRISONER’S STATEMENT OF ASSETS.—Section

14 1915 of title 28, United States Code, is amended by add15 ing at the end the following:

16 ‘‘(f) If a prisoner in a correctional institution files

17 an affidavit in accordance with subsection (a) of this sec18 tion, such prisoner shall include in that affidavit a state19 ment of all assets such prisoner possesses. The court shall

20 make inquiry of the correctional institution in which the

21 prisoner is incarcerated for information available to that

22 institution relating to the extent of the prisoner’s assets.

23 The court shall require full or partial payment of filing

24 fees according to the prisoner’s ability to pay.’’.
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1 Subtitle D—Prison Governance

2 SEC. 521. CORPORAL PUNISHMENT.

3 (a) IN GENERAL.—Chapter 301 of title 18, United

4 States Code, is amended by adding at the end the follow5 ing:

6 ‘‘§ 4014. Corporal punishment

7 ‘‘(a) In accordance with rules prescribed by the Attor8 ney General, corporal punishment is authorized for the

9 discipline of Federal prisoners convicted of crime who

10 commit serious infractions of prison policy or rules regard11 ing inmate behavior.

12 ‘‘(b) As used in this section, the term ‘corporal pun13 ishment’ means punishment that causes physical pain, but

14 not permanent physical injury.’’.

15 (b) CLERICAL AMENDMENT.—The table of sections

16 at the beginning of chapter 301 of title 18, United States

17 Code, is amended by adding at the end the following new

18 item:

‘‘4014. Corporal punishment.’’.

19 SEC. 522. INCENTIVE FOR WORK.

20 (a) IN GENERAL.—Chapter 303 of title 18, United

21 States Code, is amended by adding at the end the follow22 ing:
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1 ‘‘§ 4047. Work incentive

2 ‘‘The Director of the Bureau of Prisons shall develop

3 and implement a Federal prison housing plan that pro4 vides 3 levels of prisoner housing quality, amenities, and

5 privileges, as incentive awards directly related to the de6 gree of prison-related work in which each inmate volun7 tarily participates. Minimal cell accomodations and no

8 amenities or privileges shall be provided to inmates who

9 decline to perform any work where work is available.’’.

10 (b) CLERICAL AMENDMENT.—The table of sections

11 at the beginning of chapter 303 of title 18, United States

12 Code, is amended by adding at the end the following new

13 item:

‘‘4047. Work incentive.’’.

14 TITLE VI—VICTIMS RIGHTS

15 Subtitle A—Generally

16 SEC. 601. NOTIFICATION ON RELEASE OF PRISONERS.

17 Section 3624 of title 18, United States Code, is

18 amended by adding at the end the following:

19 ‘‘(g) NOTICE TO INTERESTED PARTIES.—Not later

20 than 30 days before the release of a prisoner under this

21 section, the Bureau of Prisons shall provide notice of the

22 fact to—

23 ‘‘(1) the judge, any members of the jury, the

24 attorneys, the victims, and the victims family mem-
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1 bers, in the case in which the prisoner was con2 victed;

3 ‘‘(2) the local authorities in the place of convic4 tion.’’.

5 SEC. 602. AMENDMENT OF RESTITUTION PROVISIONS.

6 (a) ORDER OF RESTITUTION.—Section 3663 of title

7 18, United States Code, is amended—

8 (1) in subsection (a) by—

9 (A) striking ‘‘may order’’ and inserting

10 ‘‘shall order’’; and

11 (B) adding at the end the following:

12 ‘‘(5) In addition to ordering restitution of the victim

13 of the offense of which a defendant is convicted, a court

14 may order restitution of any person who, as shown by a

15 preponderance of evidence, was harmed physically, emo16 tionally, or pecuniarily, by unlawful conduct of the defend17 ant during—

18 ‘‘(A) the criminal episode during which the of19 fense occurred; or

20 ‘‘(B) the course of a scheme, conspiracy, or pat21 tern of unlawful activity related to the offense.’’;

22 (2) in subsection (b)(1)(B) by striking ‘‘imprac23 tical’’ and inserting ‘‘impracticable’’;

24 (3) in subsection (b)(2) by inserting ‘‘emotional

25 or’’ after ‘‘resulting in’’;
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1 (4) in subsection (c) by striking ‘‘If the Court

2 decides to order restitution under this section, the’’

3 and inserting ‘‘The’’;

4 (5) by striking subsections (d), (e), (f), (g), and

5 (h); and

6 (6) by adding at the end the following:

7 ‘‘(d)(1) The court shall order restitution to a victim

8 in the full amount of the victim’s losses as determined by

9 the court and without consideration of—

10 ‘‘(A) the economic circumstances of the of11 fender; or

12 ‘‘(B) the fact that a victim has received or is

13 entitled to receive compensation with respect to a

14 loss from insurance or any other source.

15 ‘‘(2) Upon determination of the amount of restitution

16 owed to each victim, the court shall specify in the restitu17 tion order the manner in which and the schedule according

18 to which the restitution is to be paid, in consideration of—

19 ‘‘(A) the financial resources and other assets of

20 the offender, including any wages that will be earned

21 as a prisoner in the performance of work while in22 carcerated;

23 ‘‘(B) projected earnings and other income of

24 the offender; and
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1 ‘‘(C) any financial obligations of the offender,

2 including obligations to dependents.

3 ‘‘(3) A restoration order may direct the offender to

4 make a single, lump-sum payment, partial payment at

5 specified intervals, or such in-kind payments as may be

6 agreeable to the victim and the offender.

7 ‘‘(4) An in-kind payment described in paragraph (3)

8 may be in the form of—

9 ‘‘(A) return of property;

10 ‘‘(B) replacement of property; or

11 ‘‘(C) services rendered to the victim or to a per12 son or organization other than the victim.

13 ‘‘(e) When the court finds that more than 1 offender

14 has contributed to the loss of a victim, the court may make

15 each offender liable for payment of the full amount of res16 titution or may apportion liability among the offenders to

17 reflect the level of contribution and economic cir18 cumstances of each offender.

19 ‘‘(f) When the court finds that more than 1 victim

20 has sustained a loss requiring restitution by an offender,

21 the court shall order full restitution of each victim but may

22 provide for different payment schedules to reflect the eco23 nomic circumstances of each victim.

24 ‘‘(g)(1) If the victim has received or is entitled to re25 ceive compensation with respect to a loss from insurance
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1 or any other source, the court shall order that restitution

2 be paid to the person who provided or is obligated to pro3 vide the compensation, but the restitution order shall pro4 vide that all restitution of victims required by the order

5 be paid to the victims before any restitution is paid to

6 such a provider of compensation.

7 ‘‘(2) The issuance of a restitution order shall not af8 fect the entitlement of a victim to receive compensation

9 with respect to a loss from insurance or any other source

10 until the payments actually received by the victim under

11 the restitution order fully compensate the victim for the

12 loss, at which time a person that has provided compensa13 tion to the victim shall be entitled to receive any payments

14 remaining to be paid under the restitution order.

15 ‘‘(3) Any amount paid to a victim under an order of

16 restitution shall be set off against any amount later recov17 ered as compensatory damages by the victim in—

18 ‘‘(A) any Federal civil proceeding; and

19 ‘‘(B) any State civil proceeding, to the extent

20 provided by the law of the State.

21 ‘‘(h) A restitution order shall provide that—

22 ‘‘(1) all fines, penalties, costs, restitution pay23 ments and other forms of transfers of money or

24 property made pursuant to the sentence of the court

25 shall be made by the offender to the clerk of the
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1 court for accounting and payment by the clerk in ac2 cordance with this subsection;

3 ‘‘(2) the clerk of the court shall—

4 ‘‘(A) log all transfers in a manner that

5 tracks the offender’s obligations and the cur6 rent status in meeting those obligations, unless,

7 after efforts have been made to enforce the res8 titution order and it appears that compliance

9 cannot be obtained, the court determines that

10 continued recordkeeping under this subpara11 graph would not be useful;

12 ‘‘(B) notify the court and the interested

13 parties when an offender is 90 days in arrears

14 in meeting those obligations; and

15 ‘‘(C) disburse money received from an of16 fender so that each of the following obligations

17 is paid in full in the following sequence:

18 ‘‘(i) a penalty assessment under sec19 tion 3013 of title 18, United States Code;

20 ‘‘(ii) restitution of all victims; and

21 ‘‘(iii) all other fines, penalties, costs,

22 and other payments required under the

23 sentence; and
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1 ‘‘(3) the offender shall advise the clerk of the

2 court of any change in the offender’s address during

3 the term of the restitution order.

4 ‘‘(i) A restitution order shall constitute a lien against

5 all property of the offender and may be recorded in any

6 Federal or State office for the recording of liens against

7 real or personal property.

8 ‘‘(j) Compliance with the schedule of payment and

9 other terms of a restitution order shall be a condition of

10 any probation, parole, or other form of release of an of11 fender. If a defendant fails to comply with a restitution

12 order, the court may revoke probation or a term of super13 vised release, modify the term or conditions of probation

14 or a term of supervised release, hold the defendant in con15 tempt of court, enter a restraining order or injunction,

16 order the sale of property of the defendant, accept a per17 formance bond, or take any other action necessary to ob18 tain compliance with the restitution order. In determining

19 what action to take, the court shall consider the defend20 ant’s employment status, earning ability, financial re21 sources, the willfulness in failing to comply with the res22 titution order, and any other circumstances that may have

23 a bearing on the defendant’s ability to comply with the

24 restitution order.

25 ‘‘(k) An order of restitution may be enforced—
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1 ‘‘(1) by the United States—

2 ‘‘(A) in the manner provided for the collec3 tion and payment of fines in subchapter (B) of

4 chapter 229 of this title; or

5 ‘‘(B) in the same manner as a judgment in

6 a civil action; and

7 ‘‘(2) by a victim named in the order to receive

8 the restitution, in the same manner as a judgment

9 in a civil action.

10 ‘‘(l) A victim or the offender may petition the court

11 at any time to modify a restitution order as appropriate

12 in view of a change in the economic circumstances of the

13 offender.’’.

14 (b) PROCEDURE FOR ISSUING ORDER OF RESTITU15 TION.—Section 3664 of title 18, United States Code, is

16 amended—

17 (1) by striking subsection (a);

18 (2) by redesignating subsections (b), (c), (d),

19 and (e) as subsections (a), (b), (c), and (d);

20 (3) by amending subsection (a), as so redesig21 nated by paragraph (2), to read as follows:

22 ‘‘(a) The court may order the probation service of the

23 court to obtain information pertaining to the amount of

24 loss sustained by any victim as a result of the offense,

25 the financial resources of the defendant, the financial
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1 needs and earning ability of the defendant and the defend2 ant’s dependents, and such other factors as the court

3 deems appropriate. The probation service of the court

4 shall include the information collected in the report of

5 presentence investigation or in a separate report, as the

6 court directs.’’; and

7 (4) by adding at the end thereof the following

8 new subsection:

9 ‘‘(e) The court may refer any issue arising in connec10 tion with a proposed order of restitution to a magistrate

11 or special master for proposed findings of fact and rec12 ommendations as to disposition, subject to a de novo de13 termination of the issue by the court.’’.

14 SEC. 603. RIGHT OF THE VICTIM TO AN IMPARTIAL JURY.

15 Rule 24(b) of the Federal Rules of Criminal Proce16 dure is amended by striking ‘‘the Government is entitled

17 to 6 peremptory challenges and the defendant or defend18 ants jointly to 10 peremptory challenges’’ and inserting

19 ‘‘each side is entitled to 6 peremptory challenges’’.

20 SEC. 604. VICTIM’S RIGHT OF ALLOCUTION IN SENTENCING.

21 Rule 32 of the Federal Rules of Criminal Procedure

22 is amended—

23 (1) by striking ‘‘and’’ at the end of subdivision

24 (a)(1)(B);
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1 (2) by striking the period at the end of subdivi2 sion (a)(1)(C) and inserting ‘‘; and’’;

3 (3) by inserting after subdivision (a)(1)(C) the

4 following: ‘‘(D) if sentence is to be imposed for a

5 crime of violence or sexual abuse, address the victim

6 personally if the victim is present at the sentencing

7 hearing and determine if the victim wishes to make

8 a statement and to present any information in rela9 tion to the sentence.’’;

10 (4) in the penultimate sentence of subdivision

11 (a)(1) by striking ‘‘equivalent opportunity’’ and in12 serting ‘‘opportunity equivalent to that of the de13 fendant’s counsel’’;

14 (5) in the last sentence of subdivision (a)(1) by

15 inserting ‘‘the victim,’’ before ‘‘, or the attorney for

16 the Government.’’; and

17 (6) by adding at the end the following new

18 subdivision:

19 ‘‘(f) DEFINITIONS.—For purposes of this rule—

20 ‘‘(1) ‘crime of violence or sexual abuse’ means

21 a crime that involved the use or attempted or threat22 ened use of physical force against the person or

23 property of another, or a crime under chapter 109A

24 of title 18, United States Code; and
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1 ‘‘(2) ‘victim’ means an individual against whom

2 an offense for which a sentence is to be imposed has

3 been committed, but the right of allocution under

4 subdivision (a)(1)(D) may be exercised instead by—

5 ‘‘(A) a parent or legal guardian if the vic6 tim is below the age of 18 years or incompetent;

7 or

8 ‘‘(B) one or more family members or rel9 atives designated by the court if the victim is

10 deceased or incapacitated,

11 if such person or persons are present at the sentenc12 ing hearing, regardless of whether the victim is

13 present.’’.

14 SEC. 605. PROHIBITION OF RETALIATORY KILLINGS OF

15 WITNESSES, VICTIMS AND INFORMANTS.

16 Section 1513 of title 18, United States Code, is

17 amended—

18 (1) by redesignating subsections (a) and (b) as

19 subsections (b) and (c), respectively; and

20 (2) by inserting a new subsection (a) as follows:

21 ‘‘(a)(1) Whoever kills or attempts to kill another per22 son with intent to retaliate against any person for—

23 ‘‘(A) the attendance of a witness or party at an

24 official proceeding, or any testimony given or any
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1 record, document, or other object produced by a wit2 ness in an official proceeding; or

3 ‘‘(B) any information relating to the commis4 sion or possible commission of a Federal offense or

5 a violation of conditions of probation, parole or re6 lease pending judicial proceedings given by a person

7 to a law enforcement officer;

8 shall be punished as provided in paragraph (2).

9 ‘‘(2) The punishment for an offense under this sub10 section is—

11 ‘‘(A) in the case of a killing, the punishment

12 provided in sections 1111 and 1112 of this title; and

13 ‘‘(B) in the case of an attempt, imprisonment

14 for not more than twenty years.’’.

15 Subtitle B—Admissibility of

16 Evidence

17 SEC. 611. ADMISSIBILITY OF EVIDENCE OF SIMILAR

18 CRIMES IN SEX OFFENSE CASES.

19 The Federal Rules of Evidence are amended by add20 ing after Rule 412 the following new rules:

21 ‘‘Rule 413. Evidence of Similar Crimes in Sexual Assault Cases

22 ‘‘(a) EVIDENCE ADMISSIBLE.—In a criminal case in

23 which the defendant is accused of an offense of sexual as24 sault, evidence of the defendant’s conviction of another of25 fense or offenses of sexual assault is admissible, and may
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1 be considered for its bearing on any matter to which it

2 is relevant.

3 ‘‘(b) DISCLOSURE TO DEFENDANT.—In a case in

4 which the government intends to offer evidence under this

5 Rule, the attorney for the government shall disclose the

6 evidence to the defendant, including statements of wit7 nesses or a summary of the substance of any testimony

8 that is expected to be offered, at least 15 days before the

9 scheduled date of trial or at such later time as the court

10 may allow for good cause.

11 ‘‘(c) EFFECT ON OTHER RULES.—This Rule shall

12 not be construed to limit the admission or consideration

13 of evidence under any other Rule.

14 ‘‘(d) DEFINITION.—For purposes of this Rule and

15 Rule 415, ‘offense of sexual assault’ means a crime under

16 Federal law or the law of a State (as defined in section

17 513 of title 18, United States Code) that involved—

18 ‘‘(1) any conduct proscribed by chapter 109A of

19 title 18, United States Code;

20 ‘‘(2) contact, without consent, between any part

21 of the defendant’s body or an object and the genitals

22 or anus of another person;

23 ‘‘(3) contact, without consent, between the geni24 tals or anus of the defendant and any part of an25 other person’s body;
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1 ‘‘(4) deriving sexual pleasure or gratification

2 from the infliction of death, bodily injury, or phys3 ical pain on another person; or

4 ‘‘(5) an attempt or conspiracy to engage in con5 duct described in any of paragraphs (1) through (4).

6 ‘‘Rule 414. Evidence of Similar Crimes in Child Molestation

7 Cases

8 ‘‘(a) EVIDENCE ADMISSIBLE.—In a criminal case in

9 which the defendant is accused of an offense of child mo10 lestation, evidence of the defendant’s conviction of another

11 offense or offenses of child molestation is admissible, and

12 may be considered for its bearing on any matter to which

13 it is relevant.

14 ‘‘(b) DISCLOSURE TO DEFENDANT.—In a case in

15 which the government intends to offer evidence under this

16 Rule, the attorney for the government shall disclose the

17 evidence to the defendant, including statements of wit18 nesses or a summary of the substance of any testimony

19 that is expected to be offered, at least 15 days before the

20 scheduled date of trial or at such later time as the court

21 may allow for good cause.

22 ‘‘(c) EFFECT ON OTHER RULES.—This Rule shall

23 not be construed to limit the admission or consideration

24 of evidence under any other Rule.
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1 ‘‘(d) DEFINITION.—For purposes of this Rule and

2 Rule 415, ‘child’ means a person below the age of 18

3 years, and ‘offense of child molestation’ means a crime

4 under Federal law or the law of a State (as defined in

5 section 513 of title 18, United States Code) that in6 volved—

7 ‘‘(1) any conduct proscribed by chapter 109A of

8 title 18, United States Code, that was committed in

9 relation to a child;

10 ‘‘(2) any conduct proscribed by chapter 110 of

11 title 18, United States Code;

12 ‘‘(3) contact between any part of the defend13 ant’s body or an object and the genitals or anus of

14 a child;

15 ‘‘(4) contact between the genitals or anus of the

16 defendant and any part of the body of a child;

17 ‘‘(5) deriving sexual pleasure or gratification

18 from the infliction of death, bodily injury, or phys19 ical pain on a child; or

20 ‘‘(6) an attempt or conspiracy to engage in con21 duct described in any of paragraphs (1) through (5).

22 ‘‘Rule 415. Evidence of Similar Acts in Civil Cases Concerning

23 Sexual Assault or Child Molestation

24 ‘‘(a) EVIDENCE ADMISSIBLE.—In a civil case in

25 which a claim for damages or other relief is predicated
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1 on a party’s alleged commission of conduct constituting

2 an offense of sexual assault or child molestation, evidence

3 of that party’s commission of another offense or offenses

4 of sexual assault or child molestation is admissible and

5 may be considered as provided in Rule 413 and Rule 414

6 of these Rules.

7 ‘‘(b) DISCLOSURE TO OTHER PARTIES.—A party who

8 intends to offer evidence under this Rule shall disclose the

9 evidence to the party against whom it will be offered, in10 cluding statements of witnesses or a summary of the sub11 stance of any testimony that is expected to be offered, at

12 least 15 days before the scheduled date of trial or at such

13 later time as the court may allow for good cause.

14 ‘‘(c) EFFECT ON OTHER RULES.—This Rule shall

15 not be construed to limit the admission or consideration

16 of evidence under any other Rule.’’.

17 SEC. 612. EXTENSION AND STRENGTHENING OF RAPE VIC18 TIM SHIELD LAW.

19 (a) AMENDMENTS TO RAPE VICTIM SHIELD LAW.—

20 Rule 412 of the Federal Rules of Evidence is amended—

21 (1) in subdivisions (a) and (b), by striking

22 ‘‘criminal case’’ and inserting ‘‘criminal or civil

23 case’’;

24 (2) in subdivisions (a) and (b), by striking ‘‘an

25 offense under chapter 109A of title 18, United
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1 States Code,’’ and inserting ‘‘an offense or civil

2 wrong involving conduct proscribed by chapter 109A

3 of title 18, United States Code, whether or not the

4 conduct occurred in the special maritime and terri5 torial jurisdiction of the United States or in a Fed6 eral prison,’’;

7 (3) in subdivision (a), by striking ‘‘victim of

8 such offense’’ and inserting ‘‘victim of such con9 duct’’;

10 (4) in subdivision (c)—

11 (A) by striking in paragraph (1) ‘‘the per12 son accused of committing an offense under

13 chapter 109A of title 18, United States Code’’

14 and inserting ‘‘the accused’’; and

15 (B) by inserting at the end of paragraph

16 (3) the following: ‘‘An order admitting evidence

17 under this paragraph shall explain the reason18 ing leading to the finding of relevance, and the

19 basis of the finding that the probative value of

20 the evidence outweighs the danger of unfair

21 prejudice notwithstanding the potential of the

22 evidence to humiliate and embarrass the alleged

23 victim and to result in unfair or biased infer24 ences.’’; and
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1 (5) in subdivision (d), by striking ‘‘an offense

2 under chapter 109A of title 18, United States Code’’

3 and inserting ‘‘the conduct proscribed by chapter

4 109A of title 18, United States Code,’’.

5 (b) INTERLOCUTORY APPEAL.—Section 3731 of title

6 18, United States Code, is amended by inserting after the

7 second paragraph the following:

8 ‘‘An appeal by the United States before trial shall

9 lie to a court of appeals from an order of a district court

10 admitting evidence of an alleged victim’s past sexual be11 havior in a criminal case in which the defendant is charged

12 with an offense involving conduct proscribed by chapter

13 109A of this title, whether or not the conduct occurred

14 in the special maritime and territorial jurisdiction of the

15 United States or in a Federal prison.’’.

16 SEC. 613. INADMISSIBILITY OF EVIDENCE TO SHOW PROVO17 CATION OR INVITATION BY VICTIM IN SEX

18 OFFENSE CASES.

19 The Federal Rules of Evidence are amended by add20 ing after Rule 415 (as added by section 611 of this Act)

21 the following:

22 ‘‘Rule 416. Inadmissibility of evidence to show invitation or

23 provocation by victim in sexual abuse cases

24 ‘‘In a criminal case in which a person is accused of

25 an offense involving conduct proscribed by chapter 109A
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1 of title 18, United States Code, whether or not the conduct

2 occurred in the special maritime and territorial jurisdic3 tion of the United States or in a Federal prison, evidence

4 is not admissible to show that the alleged victim invited

5 or provoked the commission of the offense. This Rule does

6 not limit the admission of evidence of consent by the al7 leged victim if the issue of consent is relevant to liability

8 and the evidence is otherwise admissible under these

9 Rules.’’.

10 Subtitle C—Good Faith Exemption

11 to the Exclusionary Rule

12 SEC. 621. ADMISSIBILITY OF CERTAIN EVIDENCE.

13 (a) IN GENERAL.—Chapter 223 of title 18, United

14 States Code, is amended by adding at the end the

15 following:

16 ‘‘§ 3510. Admissibility of evidence obtained by search

17 or seizure

18 ‘‘(a) EVIDENCE OBTAINED BY OBJECTIVELY REA19 SONABLE SEARCH OR SEIZURE.—Evidence which is ob20 tained as a result of a search or seizure shall not be ex21 cluded in a proceeding in a court of the United States

22 on the ground that the search or seizure was in violation

23 of the fourth amendment to the Constitution of the United

24 States, if the search or seizure was carried out in cir25 cumstances justifying an objectively reasonable belief that
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1 it was in conformity with the fourth amendment. The fact

2 that evidence was obtained pursuant to and within the

3 scope of a warrant constitutes prima facie evidence of the

4 existence of such circumstances.

5 ‘‘(b) EVIDENCE NOT EXCLUDABLE BY STATUTE OR

6 RULE.—Evidence shall not be excluded in a proceeding

7 in a court of the United States on the ground that it was

8 obtained in violation of a statute, an administrative rule

9 or regulation, or a rule of procedure unless exclusion is

10 expressly authorized by statute or by a rule prescribed by

11 the Supreme Court pursuant to statutory authority.

12 ‘‘(c) RULE OF CONSTRUCTION.—This section shall

13 not be construed to require or authorize the exclusion of

14 evidence in any proceeding.’’.

15 (b) CLERICAL AMENDMENT.—The table of sections

16 at the beginning of chapter 223 of title 18, United States

17 Code, is amended by adding at the end the following:

‘‘3510. Admissibility of evidence obtained by search or seizure.’’.
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1 TITLE VII—PROTECTION OF

2 WOMEN

3 Subtitle A—Spouse Abuse and

4 Stalking

5 SEC. 701. INTERSTATE TRAVEL TO COMMIT SPOUSE ABUSE

6 OR TO VIOLATE PROTECTIVE ORDER; INTER7 STATE STALKING.

8 (a) OFFENSE.—Part 1 of title 18, United States

9 Code, is amended by inserting after chapter 110 the

10 following:

11 ‘‘CHAPTER 110A—DOMESTIC VIOLENCE AND

12 OFFENSES AGAINST THE FAMILY

‘‘Sec.

‘‘2261. Domestic violence and stalking.

13 ‘‘§ 2261. Domestic violence and stalking

14 ‘‘(a) OFFENSE.—Whoever, in a circumstance de15 scribed in subsection (c), causes or attempts to cause bod16 ily injury to, engages in sexual abuse against, or violates

17 a protective order in relation to, another shall be pun18 ished—

19 ‘‘(1) if death results, by death or by imprison20 ment for any term of years or for life;

21 ‘‘(2) if permanent disfigurement or life-threat22 ening bodily injury results, by imprisonment for not

23 more than 20 years;
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1 ‘‘(3) if serious bodily injury results, or if a fire2 arm, knife, or other dangerous weapon is possessed,

3 carried, or used during the commission of the of4 fense, by imprisonment for not more than 10 years;

5 and

6 ‘‘(4) in any other case, by imprisonment for not

7 more than five years.

8 If, however, the defendant engages in sexual abuse and

9 the penalty authorized for such conduct under chapter

10 109A exceeds the penalty which would otherwise be au11 thorized under this subsection, then the penalty authorized

12 for such conduct under chapter 109A shall apply.

13 ‘‘(b) MANDATORY PENALTIES.—A sentence under

14 this section shall include at least one year of imprisonment

15 if the offense involves the infliction of bodily injury on or

16 the commission of sexual abuse against the victim. A sen17 tence under this section shall include at least 6 months

18 of imprisonment if the offense involves the violation of a

19 protective order and the defendant has previously violated

20 a protective order in relation to the same victim.

21 ‘‘(c) REQUIRED CIRCUMSTANCES.—The circumstance

22 referred to in subsection (a) of this section is that the de23 fendant traveled in interstate or foreign commerce, or

24 transported or caused another to move in interstate or for-
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1 eign commerce, with the intention of committing or in fur2 therance of committing the offense, and—

3 ‘‘(1) the victim was a spouse or former spouse

4 of the defendant, was cohabiting with or had

5 cohabited with the defendant, or had a child in com6 mon with the defendant; or

7 ‘‘(2) the defendant on two or more occasions—

8 ‘‘(A) has caused or attempted or threat9 ened to cause death or serious bodily injury to

10 or engaged in sexual abuse in relation to the

11 victim; or

12 ‘‘(B) has engaged in any conduct that

13 caused or was intended to cause apprehension

14 by the victim that the victim would be subjected

15 to death, serious bodily injury, or sexual abuse.

16 ‘‘(d) DEFINITIONS.—As used in this section—

17 ‘‘(1) the term ‘protective order’ means an order

18 issued by a court of a State prohibiting or limiting

19 violence against, harassment of, contact or commu20 nication with, or physical proximity to another

21 person;

22 ‘‘(2) the term ‘sexual abuse’ means any conduct

23 proscribed by chapter 109A of this title, whether or

24 not the conduct occurs in the special maritime and
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1 territorial jurisdiction of the United States or in a

2 Federal prison;

3 ‘‘(3) the terms ‘serious bodily injury’ and ‘bod4 ily injury’ have the meanings, respectively, given

5 those terms in section 1365(g) of this title; and

6 ‘‘(4) the term ‘State’ has the meaning given

7 that term in section 513(c)(5) of this title.’’.

8 (b) CLERICAL AMENDMENT.—The table of chapters

9 at the beginning of Part 1 of title 18, United States Code,

10 is amended by inserting after the item for chapter 110

11 the following:

‘‘110A. Domestic violence and offenses against the family ...................... 2261’’.

12 SEC. 702. FULL FAITH AND CREDIT FOR PROTECTIVE OR13 DERS.

14 (a) REQUIREMENT OF FULL FAITH AND CREDIT.—

15 Chapter 110A of title 18, United States Code, as enacted

16 by section 701 of this Act, is amended by adding at the

17 end the following:

18 ‘‘§ 2262. Full faith and credit for protective orders

19 ‘‘(a) A protective order issued by a court of a State

20 shall have the same full faith and credit in a court in an21 other State that it would have in a court of the State in

22 which issued, and shall be enforced by the courts of any

23 State as if it were issued in that State.

24 ‘‘(b) As used in this section—
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1 ‘‘(1) the term ‘protective order’ means an order

2 prohibiting or limiting violence against, harassment

3 of, contact or communication with, or physical prox4 imity to another person; and

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

6 section 513(c)(5) of this title.’’.

7 (b) CLERICAL AMENDMENT.—The table of sections

8 at the beginning of chapter 110A of title 18, United States

9 Code, as enacted by section 701 of this Act, is amended

10 by inserting at the end the following:

‘‘2262. Full faith and credit for protective orders.’’.

11 Subtitle B—Victims of Sexual

12 Violence

13 SEC. 711. CIVIL REMEDY FOR VICTIMS OF SEXUAL VIO14 LENCE.

15 (a) CAUSE OF ACTION.—Whoever, in violation of the

16 Constitution or laws of the United States, engages in sex17 ual violence against another, shall be liable to the injured

18 party in an action under this section. The relief available

19 in such an action shall include compensatory and punitive

20 damages and any appropriate equitable or declaratory

21 relief.

22 (b) DEFINITION.—For purposes of this section, ‘‘sex23 ual violence’’ means any conduct proscribed by chapter

24 109A of title 18, United States Code, whether or not the
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1 conduct occurs in the special maritime and territorial ju2 risdiction of the United States or in a Federal prison.

3 (c) ATTORNEY’S FEES.—The Civil Rights Attorney’s

4 Fees Award Act of 1976 (42 U.S.C. 1988) is amended

5 by striking ‘‘or’’ after ‘‘Public Law 92–318’’ and by in6 serting after ‘‘1964’’ the following: ‘‘, or section 711 of

7 the People’s Protection Crime Control Act of 1994,’’.

8 SEC. 712. EXTENSION AND STRENGTHENING OF RESTITU9 TION.

10 Section 3663 of title 18, United States Code, is

11 amended—

12 (1) in subsection (b), by inserting ‘‘or an of13 fense under chapter 109A, chapter 110, or section

14 2261 of this title’’ after ‘‘an offense resulting in bod15 ily injury to a victim’’ in paragraph (2);

16 (2) in subsection (b)—

17 (A) by striking ‘‘and’’ at the end of para18 graph (3);

19 (B) by redesignating paragraph (4) as

20 paragraph (5); and

21 (C) by inserting after paragraph (4) the

22 following:

23 ‘‘(4) in any case, reimburse the victim for lost

24 income and necessary child care, transportation, and

25 other expenses related to participation in the inves-
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1 tigation or prosecution of the offense or attendance

2 at proceedings related to the offense; and’’; and

3 (3) in subsection (d), by inserting at the end

4 the following: ‘‘However, the court shall issue an

5 order requiring restitution of the full amount of the

6 victim’s losses and expenses for which restitution is

7 authorized under this section in imposing sentence

8 for an offense under chapter 109A, chapter 110 or

9 section 2261 of this title, unless the Government

10 and the victim do not request such restitution.’’.

11 SEC. 713. PRE-TRIAL DETENTION IN SEX OFFENSE CASES.

12 Section 3156(a)(4) of title 18, United States Code,

13 is amended—

14 (1) by striking ‘‘, or’’ at the end of subpara15 graph (A) and inserting a semicolon;

16 (2) by striking the period at the end of sub17 paragraph (B) and inserting ‘‘; or’’; and

18 (3) by adding after subparagraph (B) the

19 following:

20 ‘‘(C) any felony under chapter 109A, chapter

21 110, or section 2261 of this title.’’.
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1 Subtitle C—Punishment of Sex

2 Offenders

3 SEC. 721. DEATH PENALTY FOR RAPE AND CHILD MOLES4 TATION MURDERS.

5 (a) OFFENSE.—Chapter 109A of title 18, United

6 States Code, is amended by redesignating section 2245 as

7 section 2246, and by adding the following new section:

8 ‘‘§ 2245. Sexual abuse resulting in death

9 ‘‘Whoever, in the course of an offense under this

10 chapter, engages in conduct that results in the death of

11 a person, shall be punished by death or imprisoned for

12 any term of years or for life.’’.

13 (b) CLERICAL AMENDMENT.—The table of sections

14 at the beginning of chapter 109A of title 18, United States

15 Code, is amended by striking the item for section 2245

16 and adding the following:

‘‘2245. Sexual abuse resulting in death.

‘‘2246. Definitions for chapter.’’.

17 SEC. 722. INCREASED PENALTIES FOR RECIDIVIST SEX OF18 FENDERS.

19 (a) REDESIGNATION.—Sections 2245 and 2246 of

20 title 18, United States Code, as so designated by section

21 721, are redesignated sections 2246 and 2247, respec22 tively.
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1 (b) PENALTIES FOR SUBSEQUENT OFFENSES.—

2 Chapter 109A of title 18, United States Code, is amended

3 by inserting the following new section after section 2244:

4 ‘‘§ 2245. Penalties for subsequent offenses

5 ‘‘Any person who violates this chapter, after a prior

6 conviction under this chapter or the law of a State (as

7 defined in section 513 of this title) for conduct proscribed

8 by this chapter has become final, is punishable by a term

9 of imprisonment up to twice that otherwise authorized.’’.

10 (c) CLERICAL AMENDMENT.—The table of sections

11 at the beginning of chapter 109A of title 18, United States

12 Code, as amended by section 721, is amended—

13 (1) by striking ‘‘2245’’ and inserting ‘‘2246’’;

14 (2) by striking ‘‘2246’’ and inserting ‘‘2247’’;

15 and

16 (3) by inserting after the item relating to sec17 tion 2244 the following:

‘‘2245. Penalties for subsequent offenses.’’.

18 SEC. 723. SENTENCING GUIDELINES INCREASE FOR SEX

19 OFFENSES.

20 The United States Sentencing Commission shall

21 amend the sentencing guidelines to increase by at least

22 4 levels the base offense level for an offense under section

23 2241 (relating to aggravated sexual abuse) or section

24 2242 (relating to sexual abuse) of title 18, United States

25 Code, and shall consider whether any other changes are
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1 warranted in the guidelines provisions applicable to such

2 offenses to ensure realization of the objectives of sentenc3 ing. In amending the guidelines in conformity with this

4 section, the Sentencing Commission shall review the ap5 propriateness and adequacy of existing offense character6 istics and adjustments applicable to such offenses, taking

7 into account the heinousness of sexual abuse offenses, the

8 severity and duration of the harm caused to victims, and

9 any other relevant factors. In any subsequent amendment

10 to the sentencing guidelines, the Sentencing Commission

11 shall maintain minimum guidelines sentences for the of12 fenses referenced in this section which are at least equal

13 to those required by this section.

14 SEC. 724. HIV TESTING AND PENALTY ENHANCEMENT IN

15 SEXUAL OFFENSE CASES.

16 (a) IN GENERAL.—Chapter 109A of title 18, United

17 States Code, is amended by adding at the end the follow18 ing:

19 ‘‘§ 2248. Testing for human immunodeficiency virus;

20 disclosure of test results to victim; effect

21 on penalty

22 ‘‘(a) TESTING AT TIME OF PRE-TRIAL RELEASE DE23 TERMINATION.—In a case in which a person is charged

24 with an offense under this chapter, a judicial officer issu25 ing an order pursuant to section 3142(a) of this title shall
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1 include in the order a requirement that a test for the

2 human immunodeficiency virus be performed upon the

3 person, and that follow-up tests for the virus be performed

4 six months and twelve months following the date of the

5 initial test, unless the judicial officer determines that the

6 conduct of the person created no risk of transmission of

7 the virus to the victim, and so states in the order. The

8 order shall direct that the initial test be performed within

9 24 hours, or as soon thereafter as feasible. The person

10 shall not be released from custody until the test is per11 formed.

12 ‘‘(b) TESTING AT LATER TIME.—If a person charged

13 with an offense under this chapter was not tested for the

14 human immunodeficiency virus pursuant to subsection (a),

15 the court may at a later time direct that such a test be

16 performed upon the person, and that follow-up tests be

17 performed six months and twelve months following the

18 date of the initial test, if it appears to the court that the

19 conduct of the person may have risked transmission of the

20 virus to the victim. A testing requirement under this sub21 section may be imposed at any time while the charge is

22 pending, or following conviction at any time prior to the

23 person’s completion of service of the sentence.

24 ‘‘(c) TERMINATION OF TESTING REQUIREMENT.—A

25 requirement of follow-up testing imposed under this sec-
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1 tion shall be canceled if any test is positive for the virus

2 or the person obtains an acquittal on, or dismissal of, all

3 charges under this chapter.

4 ‘‘(d) DISCLOSURE OF TEST RESULTS.—The results

5 of any test for the human immunodeficiency virus per6 formed pursuant to an order under this section shall be

7 provided to the judicial officer or court. The judicial offi8 cer or court shall ensure that the results are disclosed to

9 the victim (or to the victim’s parent or legal guardian, as

10 appropriate), the attorney for the Government, and the

11 person tested.

12 ‘‘(e) EFFECT ON PENALTY.—The United States Sen13 tencing Commission shall amend existing guidelines for

14 sentences for offenses under this chapter to enhance the

15 sentence if the offender knew or had reason to know that

16 he was infected with the human immunodeficiency virus,

17 except where the offender did not engage or attempt to

18 engage in conduct creating a risk of transmission of the

19 virus to the victim.’’.

20 (b) CLERICAL AMENDMENT.—The table of chapters

21 at the beginning of chapter 109A of title 18, United States

22 Code, is amended by inserting at the end the following

23 new item:

‘‘2248. Testing for human immunodeficiency virus; disclosure of test results to

victim; effect on penalty.’’.
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1 Subtitle D—Rural Domestic Vio2 lence and Child Abuse Enforce3 ment

4 SEC. 731. RURAL DOMESTIC VIOLENCE AND CHILD ABUSE

5 ENFORCEMENT ASSISTANCE.

6 (a) GRANTS.—The Attorney General may make

7 grants to units of State and local governments of rural

8 States, and to other public or private entities of rural

9 States—

10 (1) to implement, expand, and establish cooper11 ative efforts and projects between law enforcement

12 officers, prosecutors, victim advocacy groups, and

13 other related parties to investigate and prosecute in14 cidents of domestic violence and child abuse;

15 (2) to provide treatment and counseling to vic16 tims of domestic violence and child abuse; and

17 (3) to work in cooperation with the community

18 to develop education and prevention strategies di19 rected toward such issues.

20 (b) DEFINITION.—In this section, ‘‘rural State’’ has

21 the meaning stated in section 1501(b) of title I of the Om22 nibus Crime Control and Safe Streets Act of 1968 (42

23 U.S.C. 3796bb(B)).

24 (c) AUTHORIZATION OF APPROPRIATIONS.—
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1 (1) IN GENERAL.—There is authorized to be

2 appropriated to carry out this section $10,000,000

3 for each of fiscal years 1995, 1996, and 1997.

4 (2) ADDITIONAL FUNDING.—In addition to

5 funds received under a grant under subsection (a),

6 a law enforcement agency may use funds received

7 under a grant under section 1701 of the Omnibus

8 Crime Control and Safe Streets Act of 1968, as

9 added by section 103 of this Act, to accomplish the

10 objectives of this section.

11 TITLE VIII—CRIMINAL ALIENS

12 AND ALIEN SMUGGLING

13 Subtitle A—Deportation of

14 Criminal Aliens

15 SEC. 801. EXPEDITING CRIMINAL ALIEN DEPORTATION AND

16 EXCLUSION.

17 (a) CONVICTED DEFINED.—Section 241(a)(2) of the

18 Immigration and Nationality Act (8 U.S.C. 1251(a)(2))

19 is amended by adding at the end the following new sub20 paragraph:

21 ‘‘(E) CONVICTED DEFINED.—In this para22 graph, the term ‘convicted’ means a judge or

23 jury has found the alien guilty or the alien has

24 entered a plea of guilty or nolo contendere,

25 whether or not the alien appeals therefrom.’’.
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1 (b) DEPORTATION OF CONVICTED ALIENS.—

2 (1) IMMEDIATE DEPORTATION.—Section 242(h)

3 of such Act (8 U.S.C. 1252(h)) is amended—

4 (A) by striking ‘‘(h) An alien’’ and insert5 ing ‘‘(h)(1) Subject to paragraph (2), an alien’’;

6 and

7 (B) by adding at the end the following new

8 paragraph:

9 ‘‘(2) An alien sentenced to imprisonment may be de10 ported prior to the termination of such imprisonment by

11 the release of the alien from confinement, if the Service

12 petitions the appropriate court or other entity with author13 ity concerning the alien to release the alien into the

14 custody of the Service for execution of an order of

15 deportation.’’.

16 (2) PROHIBITION OF REENTRY INTO THE UNIT17 ED STATES.—Section 212(a)(2) of such Act (8

18 U.S.C. 1182(a)(2)) is amended—

19 (A) by redesignating subparagraph (F) as

20 subparagraph (G); and

21 (B) by inserting after subparagraph (E)

22 the following new subparagraph:

23 ‘‘(F) ALIENS DEPORTED BEFORE SERVING

24 MINIMUM PERIOD OF CONFINEMENT.—In addi25 tion to any other period of exclusion which may
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1 apply an alien deported pursuant to section

2 242(h)(2) is excludable during the minimum

3 period of confinement to which the alien was

4 sentenced.’’.

5 (c) EXECUTION OF DEPORTATION ORDERS.—Section

6 242(i) of such Act (8 U.S.C. 1252(i)) is amended by add7 ing at the end the following: ‘‘An order of deportation may

8 not be executed until all direct appeals relating to the con9 viction which is the basis of the deportation order have

10 been exhausted.’’.

11 SEC. 802. AUTHORIZING REGISTRATION OF ALIENS ON

12 CRIMINAL PROBATION OR CRIMINAL PA13 ROLE.

14 Section 263(a) of the Immigration and Nationality

15 Act (8 U.S.C. 1303(a)) is amended by striking ‘‘and (5)’’

16 and inserting ‘‘(5) aliens who are or have been on criminal

17 probation or criminal parole within the United States,

18 and (6)’’.

19 SEC. 803. EXPANSION IN DEFINITION OF ‘‘AGGRAVATED

20 FELONY’’.

21 (a) EXPANSION IN DEFINITION.—Section 101(a)(43)

22 of the Immigration and Nationality Act (8 U.S.C.

23 1101(a)(43)) is amended to read as follows:

24 ‘‘(43) The term ‘aggravated felony’ means—

25 ‘‘(A) murder;
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1 ‘‘(B) any illicit trafficking in any con2 trolled substance (as defined in section 102 of

3 the Controlled Substances Act), including any

4 drug trafficking crime as defined in section

5 924(c) of title 18, United States Code;

6 ‘‘(C) any illicit trafficking in any firearms

7 or destructive devices as defined in section 921

8 of title 18, United States Code, or in explosive

9 materials as defined in section 841(c) of title

10 18, United States Code;

11 ‘‘(D) any offense described in sections

12 1951 through 1963 of title 18, United States

13 Code;

14 ‘‘(E) any offense described in—

15 ‘‘(i) subsections (h) or (i) of section

16 842, title 18, United States Code, or sub17 section (d), (e), (f), (g), (h), or (i) of sec18 tion 844 of title 18, United States Code

19 (relating to explosive materials offenses),

20 ‘‘(ii) paragraph (1), (2), (3), (4), or

21 (5) of section 922(g), or section 922(j),

22 section 922(n), section 922(o), section

23 922(p), section 924(b), or section 924(h)

24 of title 18, United States Code (relating to

25 firearms offenses), or
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1 ‘‘(iii) section 5861 of title 26, United

2 States Code (relating to firearms offenses);

3 ‘‘(F) any crime of violence (as defined in

4 section 16 of title 18, United States Code, not

5 including a purely political offense) for which

6 the term of imprisonment imposed (regardless

7 of any suspension of such imprisonment) is at

8 least 5 years;

9 ‘‘(G) any theft offense (including receipt of

10 stolen property) or any burglary offense, where

11 a sentence of 5 years imprisonment or more

12 may be imposed;

13 ‘‘(H) any offense described in section 875,

14 section 876, section 877, or section 1202 of

15 title 18, United States Code (relating to the de16 mand for or receipt of ransom);

17 ‘‘(I) any offense described in section 2251,

18 section 2251A or section 2252 of title 18, Unit19 ed States Code (relating to child pornography);

20 ‘‘(J) any offense described in section 1084

21 of title 18, United States Code, where a sen22 tence of 5 years imprisonment or more may be

23 imposed;

24 ‘‘(K) any offense relating to commercial

25 bribery, counterfeiting, forgery or trafficking in
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1 vehicles whose identification numbers have been

2 altered, where a sentence of 5 years imprison3 ment or more may be imposed;

4 ‘‘(L) any offense—

5 ‘‘(i) relating to the owning, control6 ling, managing or supervising of a pros7 titution business,

8 ‘‘(ii) described in section 2421

9 through 2424 of title 18, United States

10 Code, for commercial advantage, or

11 ‘‘(iii) described in sections 1581

12 through 1585, or section 1588, of title 18,

13 United States Code (relating to peonage,

14 slavery, and involuntary servitude);

15 ‘‘(M) any offense relating to perjury or

16 subornation of perjury where a sentence of 5

17 years imprisonment or more may be imposed;

18 ‘‘(N) any offense described in—

19 ‘‘(i) section 793 (relating to gathering

20 or transmitting national defense informa21 tion), section 798 (relating to disclosure of

22 classified information), section 2153 (relat23 ing to sabotage) or section 2381 or section

24 2382 (relating to treason) of title 18, Unit25 ed States Code, or
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1 ‘‘(ii) section 421 of title 50, United

2 States Code (relating to protecting the

3 identity of undercover intelligence agents);

4 ‘‘(O) any offense—

5 ‘‘(i) involving fraud or deceit where

6 the loss to the victim or victims exceeded

7 $200,000; or

8 ‘‘(ii) described in section 7201 of title

9 26, United States Code (relating to tax

10 evasion), where the tax loss to the Govern11 ment exceeds $200,000;

12 ‘‘(P) any offense described in section

13 274(a)(1) of the Immigration and Nationality

14 Act (relating to alien smuggling) for the pur15 pose of commercial advantage;

16 ‘‘(Q) any violation of section 1546(a) of

17 title 18, United States Code (relating to docu18 ment fraud), for the purpose of commercial ad19 vantage; or

20 ‘‘(R) any offense relating to failing to ap21 pear before a court pursuant to a court order

22 to answer to or dispose of a charge of a felony,

23 where a sentence of 2 years or more may be

24 imposed;
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1 or any attempt or conspiracy to commit any such

2 act. Such term applies to offenses described in this

3 paragraph whether in violation of Federal or State

4 law and applies to such offenses in violation of the

5 laws of a foreign country for which the term of im6 prisonment was completed within the previous 15

7 years.’’.

8 (b) EFFECTIVE DATE.—The amendments made by

9 this section shall apply to all convictions entered before,

10 on, or after the date of enactment of this Act.

11 SEC. 804. DEPORTATION PROCEDURES FOR CERTAIN

12 CRIMINAL ALIENS WHO ARE NOT PERMA13 NENT RESIDENTS.

14 (a) ELIMINATION OF ADMINISTRATIVE HEARING FOR

15 CERTAIN CRIMINAL ALIENS.—Section 242A of the Immi16 gration and Nationality Act (8 U.S.C. 1252a) is amended

17 by adding at the end the following:

18 ‘‘(c) DEPORTATION OF ALIENS WHO ARE NOT PER19 MANENT RESIDENTS.—

20 ‘‘(1) Notwithstanding section 242, and subject

21 to paragraph (5), the Attorney General may issue a

22 final order of deportation against any alien described

23 in paragraph (2) whom the Attorney General deter24 mines to be deportable under section
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1 241(a)(2)(A)(iii) (relating to conviction of an aggra2 vated felony).

3 ‘‘(2) An alien is described in this paragraph if

4 the alien—

5 ‘‘(A) was not lawfully admitted for perma6 nent residence at the time that proceedings

7 under this section commenced, or

8 ‘‘(B) had permanent resident status on a

9 conditional basis (as described in section 216)

10 at the time that proceedings under this section

11 commenced.

12 ‘‘(3) The Attorney General may delegate the

13 authority in this section to the Commissioner or to

14 any District Director of the Service.

15 ‘‘(4) No alien described in this section shall be

16 eligible for—

17 ‘‘(A) any relief from deportation that the

18 Attorney General may grant in his discretion,

19 or

20 ‘‘(B) relief under section 243(h).

21 ‘‘(5) The Attorney General may not execute any

22 order described in paragraph (1) until 14 calendar

23 days have passed from the date that such order was

24 issued, in order that the alien has an opportunity to

25 apply for judicial review under section 106.’’.
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1 (b) LIMITED JUDICIAL REVIEW.—Section 106 of the

2 Immigration and Nationality Act (8 U.S.C. 1105a) is

3 amended—

4 (1) in the first sentence of subsection (a), by in5 serting ‘‘or pursuant to section 242A’’ after ‘‘under

6 section 242(b)’’;

7 (2) in subsection (a)(1) and subsection (a)(3),

8 by inserting ‘‘(including an alien described in section

9 242A)’’ after ‘‘aggravated felony’’; and

10 (3) by adding at the end the following new sub11 section:

12 ‘‘(d) Notwithstanding subsection (c), a petition for

13 review or for habeas corpus on behalf of an alien described

14 in section 242A(c) may only challenge whether the alien

15 is in fact an alien described in such section, and no court

16 shall have jurisdiction to review any other issue.’’.

17 (c) TECHNICAL AND CONFORMING CHANGES.—Sec18 tion 242A of the Immigration and Nationality Act (8

19 U.S.C. 1252a) is amended as follows:

20 (1) In subsection (a)—

21 (A) by striking ‘‘(a) IN GENERAL.—’’ and

22 inserting ‘‘(b) DEPORTATION OF PERMANENT

23 RESIDENT ALIENS.—(1) IN GENERAL.—’’; and
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1 (B) by inserting in the first sentence ‘‘per2 manent resident’’ after ‘‘correctional facilities

3 for’’;

4 (2) In subsection (b)—

5 (A) by striking ‘‘(b) IMPLEMENTATION.—’’

6 and inserting ‘‘(2) IMPLEMENTATION.—’’; and

7 (B) by striking ‘‘respect to an’’ and insert8 ing ‘‘respect to a permanent resident’’;

9 (3) By striking out subsection (c);

10 (4) In subsection (d)—

11 (A) by striking ‘‘(d) EXPEDITED PRO12 CEEDINGS.—(1)’’ and inserting ‘‘(3) EXPE13 DITED PROCEEDINGS.—(A)’’;

14 (B) by inserting ‘‘permanent resident’’

15 after ‘‘in the case of any’’; and

16 (C) by striking ‘‘(2)’’ and inserting ‘‘(B)’’;

17 (5) In subsection (e)—

18 (A) by striking ‘‘(e) REVIEW.—(1)’’ and

19 inserting ‘‘(4) REVIEW.—(A)’’;

20 (B) by striking the second sentence; and

21 (C) by striking ‘‘(2)’’ and inserting ‘‘(B)’’;

22 (6) By inserting after the section heading the

23 following new subsection:
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1 ‘‘(a) PRESUMPTION OF DEPORTABILITY.—An alien

2 convicted of an aggravated felony shall be conclusively pre3 sumed to be deportable from the United States.’’; and

4 (7) The heading of such section is amended to

5 read as follows:

‘‘EXPEDITED DEPORTATION OF ALIENS CONVICTED OF

COMMITTING AGGRAVATED FELONIES’’.

6 (d) EFFECTIVE DATE.—The amendments made by

7 this section shall apply to all aliens against whom deporta8 tion proceedings are initiated after the date of enactment

9 of this Act.

10 SEC. 805. JUDICIAL DEPORTATION.

11 (a) JUDICIAL DEPORTATION.—Section 242A of the

12 Immigration and Nationality Act (8 U.S.C. 1252a) is

13 amended by inserting at the end the following new sub14 section:

15 ‘‘(d) JUDICIAL DEPORTATION.—

16 ‘‘(1) AUTHORITY.—Notwithstanding any other

17 provision of this Act, a United States district court

18 shall have jurisdiction to enter a judicial order of de19 portation at the time of sentencing against an alien

20 whose criminal conviction causes such alien to be de21 portable under section 241(a)(2)(A)(iii) (relating to

22 conviction of an aggravated felony), if such an order

23 has been requested prior to sentencing by the United
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1 States Attorney with the concurrence of the Com2 missioner.

3 ‘‘(2) PROCEDURE.—

4 ‘‘(A) The United States Attorney shall pro5 vide notice of intent to request judicial deporta6 tion promptly after the entry in the record of

7 an adjudication of guilt or guilty plea. Such no8 tice shall be provided to the court, to the alien,

9 and to the alien’s counsel of record.

10 ‘‘(B) Notwithstanding section 242B, the

11 United States Attorney, with the concurrence of

12 the Commissioner, shall file at least 20 days

13 prior to the date set for sentencing a charge

14 containing factual allegations regarding the

15 alienage of the defendant and satisfaction by

16 the defendant of the definition of aggravated

17 felony.

18 ‘‘(C) If the court determines that the de19 fendant has presented substantial evidence to

20 establish prima facie eligibility for relief from

21 deportation under section 212(c), the Commis22 sioner shall provide the court with a rec23 ommendation and report regarding the alien’s

24 eligibility for relief under such section. The
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1 court shall either grant or deny the relief

2 sought.

3 ‘‘(D)(i) The alien shall have a reasonable

4 opportunity to examine the evidence against

5 him or her, to present evidence on his or her

6 own behalf, and to cross-examine witnesses pre7 sented by the Government.

8 ‘‘(ii) The court, for the purposes of deter9 mining whether to enter an order described in

10 paragraph (1), shall only consider evidence that

11 would be admissible in proceedings conducted

12 pursuant to section 242(b).

13 ‘‘(iii) Nothing in this subsection shall limit

14 the information a court of the United States

15 may receive or consider for the purposes of im16 posing an appropriate sentence.

17 ‘‘(iv) The court may order the alien de18 ported if the Attorney General demonstrates by

19 clear and convincing evidence that the alien is

20 deportable under this Act.

21 ‘‘(3) NOTICE, APPEAL, AND EXECUTION OF JU22 DICIAL ORDER OF DEPORTATION.—

23 ‘‘(A)(i) A judicial order of deportation or

24 denial of such order may be appealed by either
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1 party to the court of appeals for the circuit in

2 which the district court is located.

3 ‘‘(ii) Except as provided in clause (iii),

4 such appeal shall be considered consistent with

5 the requirements described in section 106.

6 ‘‘(iii) Upon execution by the defendant of

7 a valid waiver of the right to appeal the convic8 tion on which the order of deportation is based,

9 the expiration of the period described in section

10 106(a)(1), or the final dismissal of an appeal

11 from such conviction, the order of deportation

12 shall become final and shall be executed at the

13 end of the prison term in accordance with the

14 terms of the order.

15 ‘‘(B) As soon as is practicable after entry

16 of a judicial order of deportation, the Commis17 sioner shall provide the defendant with written

18 notice of the order or deportation, which shall

19 designate the defendant’s country of choice for

20 deportation and any alternate country pursuant

21 to section 243(a).

22 ‘‘(4) DENIAL OF JUDICIAL ORDER.—Denial of a

23 request for a judicial order of deportation shall not

24 preclude the Attorney General from initiating depor25 tation proceedings pursuant to section 242 upon the
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1 same ground of deportability or upon any other

2 ground of deportability provided under section

3 241(a).’’.

4 (b) TECHNICAL AND CONFORMING CHANGES.—The

5 ninth sentence of section 242(b) of the Immigration and

6 Nationality Act (8 U.S.C. 1252(b)) is amended by striking

7 out ‘‘The’’ and inserting in lieu thereof, ‘‘Except as pro8 vided in section 242A(d), the’’.

9 (c) EFFECTIVE DATE.—The amendments made by

10 this section shall apply to all aliens whose adjudication of

11 guilt or guilty plea is entered in the record after the date

12 of enactment of this Act.

13 SEC. 806. RESTRICTING DEFENSES TO DEPORTATION FOR

14 CERTAIN CRIMINAL ALIENS.

15 (a) DEFENSES BASED ON SEVEN YEARS OF PERMA16 NENT RESIDENCE.—The last sentence of section 212(c)

17 of the Immigration and Nationality Act (8 U.S.C.

18 1182(c)) is amended by striking out ‘‘has served for such

19 felony or felonies’’ and all that follows through the period

20 and inserting in lieu thereof ‘‘has been sentenced for such

21 felony or felonies to a term of imprisonment of at least

22 5 years, provided that the time for appealing such convic23 tion or sentence has expired and the sentence has become

24 final.’’.
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1 (b) DEFENSES BASED ON WITHHOLDING OF DEPOR2 TATION.—Section 243(h)(2) of the Immigration and Na3 tionality Act (8 U.S.C. 1253(h)(2)) is amended by—

4 (1) striking out the final sentence and inserting

5 in lieu thereof the following new subparagraph:

6 ‘‘(E) the alien has been convicted of an ag7 gravated felony.’’; and

8 (2) striking out the ‘‘or’’ at the end of subpara9 graph (C) and inserting ‘‘or’’ at the end of subpara10 graph (D).

11 SEC. 807. ENHANCING PENALTIES FOR FAILING TO DE12 PART, OR REENTERING, AFTER FINAL ORDER

13 OF DEPORTATION.

14 (a) FAILURE TO DEPART.—Section 242(e) of the Im15 migration and Nationality Act (8 U.S.C. 1252(e)) is

16 amended—

17 (1) by striking out ‘‘paragraph (2), (3), or 4

18 of’’ the first time it appears, and

19 (2) by striking out ‘‘shall be imprisoned not

20 more than ten years’’ and inserting in lieu thereof,

21 ‘‘shall be imprisoned not more than two years, or

22 shall be imprisoned not more than ten years if the

23 alien is a member of any of the classes described in

24 paragraph (2), (3), or (4) of section 241(a).’’.
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1 (b) REENTRY.—Section 276(b) of the Immigration

2 and Nationality Act (8 U.S.C. 1326(b)) is amended—

3 (1) in paragraph (1), by (A) inserting after

4 ‘‘commission of’’ the following: ‘‘three or more mis5 demeanors or’’, and (B) striking out ‘‘5’’ and insert6 ing in lieu thereof ‘‘10’’,

7 (2) in paragraph (2), by striking out ‘‘15’’ and

8 inserting in lieu thereof ‘‘20’’, and

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

10 ‘‘For the purposes of this subsection, the term ‘depor11 tation’ shall include any agreement where an alien stipu12 lates to deportation during a criminal trial under either

13 Federal or State law.’’.

14 (c) COLLATERAL ATTACKS ON UNDERLYING DEPOR15 TATION ORDER.—Section 276 of the Immigration and Na16 tionality Act (8 U.S.C. 1326) is amended by inserting

17 after subsection (b) the following new subsection:

18 ‘‘(c) In any criminal proceeding under this section,

19 no alien may challenge the validity of the deportation

20 order described in subsection (a)(1) or subsection (b) un21 less the alien demonstrates—

22 ‘‘(1) that the alien exhausted the administrative

23 remedies (if any) that may have been available to

24 seek relief against such order,
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1 ‘‘(2) that the deportation proceedings at which

2 such order was issued improperly deprived the alien

3 of the opportunity for judicial review, and

4 ‘‘(3) that the entry of such order was fun5 damentally unfair.’’.

6 SEC. 808. MISCELLANEOUS AND TECHNICAL CHANGES.

7 (a) FORM OF DEPORTATION HEARINGS.—The sec8 ond sentence of section 242(b) of the Immigration and

9 Nationality Act (8 U.S.C. 1252(b)) is amended by insert10 ing before the period the following: ‘‘; except that nothing

11 in this subsection shall preclude the Attorney General

12 from authorizing proceedings by electronic or telephonic

13 media (with or without the consent of the alien) or, where

14 waived or agreed to by the parties, in the absence of the

15 alien.’’.

16 (b) CONSTRUCTION OF EXPEDITED DEPORTATION

17 REQUIREMENTS.—No amendment made by this Act and

18 nothing in section 242(i) of the Immigration and Nation19 ality Act (8 U.S.C. 1252(i)), shall be construed to create

20 any right or benefit, substantive or procedural, which is

21 legally enforceable by any party against the United States,

22 its agencies, its officers or any other person.
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1 SEC. 809. AUTHORIZATION OF APPROPRIATIONS FOR

2 CRIMINAL ALIEN INFORMATION SYSTEM.

3 There is authorized to be appropriated to carry out

4 section 242(a)(3)(A) of the Immigration and Nationality

5 Act, $5,000,000 for fiscal year 1994 and $2,000,000 for

6 each of the fiscal years 1995, 1996, 1997, and 1998.

7 Subtitle B—Prevention and

8 Punishment of Alien Smuggling

9 SEC. 811. BORDER PATROL AGENTS.

10 In addition to such amounts as are otherwise author11 ized to be appropriated, there is authorized to be appro12 priated for each of the fiscal years 1994, 1995, 1996,

13 1997, 1998, for salaries and expenses of the Border Patrol

14 such amounts as may be necessary to provide for an in15 crease in the number of agents of the Border Patrol by

16 3,000 full-time equivalent agent positions beyond the

17 number of such positions at the Border Patrol on July

18 28, 1994.

19 SEC. 812. BORDER PATROL INVESTIGATORS.

20 In addition to such amounts as are otherwise author21 ized to be appropriated, there is authorized to be appro22 priated for each of the fiscal years 1994, 1995, 1996,

23 1997, 1998, for salaries and expenses of the Border Patrol

24 such amounts as may be necessary to provide for an in25 crease in the number of investigators of the Border Patrol

26 by 1,000 full-time equivalent investigator positions beyond
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1 the number of such positions at the Border Patrol on July

2 28, 1994.

3 SEC. 813. INCLUDING ALIEN SMUGGLING AS A RACKETEER4 ING ACTIVITY FOR PURPOSES OF RACK5 ETEERING INFLUENCED AND CORRUPT OR6 GANIZATIONS (RICO) ENFORCEMENT AU7 THORITY.

8 Section 1961(1) of title 18, United States Code, is

9 amended—

10 (1) by striking ‘‘or’’ before ‘‘(E) any act’’, and

11 (2) by inserting before the period at the end the

12 following: ‘‘, or (F) any act which is indictable under

13 section 274(a)(1) of the Immigration and National14 ity Act (relating to alien smuggling)’’.

15 SEC. 814. ENHANCED PENALTIES FOR EMPLOYERS WHO

16 KNOWINGLY EMPLOY SMUGGLED ALIENS.

17 (a) ADDITIONAL CRIMINAL PENALTY.—Section

18 274(a)(1) (8 U.S.C. 1324(a)(1)) is amended—

19 (1) by striking ‘‘or’’ at the end of subparagraph

20 (C),

21 (2) by striking the comma at the end of sub22 paragraph (D) and inserting ‘‘; or’’,

23 (3) by inserting after subparagraph (D) the fol24 lowing:
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1 ‘‘(E) contracts or agrees with another party for

2 that party to provide, for employment by the person

3 or another, an alien who is not authorized to be em4 ployed in the United States, knowing that such

5 party intends to cause such alien to be brought into

6 the United States in violation of the laws of the

7 United States,’’, and

8 (4) by striking ‘‘five years’’ and inserting ‘‘ten

9 years’’.

10 (b) TREATMENT OF SMUGGLING AS AN AGGRAVATED

11 FELONY.—The first sentence of section 101(a)(43) (8

12 U.S.C. 1101(a)(43)) is amended by inserting ‘‘or any of13 fense under section 274(a)’’ before ‘‘for which the term

14 of imprisonment’’.

15 SEC. 815. ENHANCED PENALTIES FOR CERTAIN ALIEN

16 SMUGGLING.

17 Section 274(a)(1) of the Immigration and Nationality

18 Act (8 U.S.C. 1324(a)(1)) is amended by striking ‘‘five

19 years’’ and inserting ‘‘ten years’’.

20 SEC. 816. EXPANDED FORFEITURE FOR SMUGGLING OR

21 HARBORING ILLEGAL ALIENS.

22 Subsection 274(b) of the Immigration and National23 ity Act (8 U.S.C. 1324(b)) is amended—

24 (1) by amending paragraph (1) to read as

25 follows:
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1 ‘‘(b) SEIZURE AND FORFEITURE.—(1) Any property,

2 real or personal, which facilitates or is intended to facili3 tate, or which has been used in or is intended to be used

4 in the commission of a violation of subsection (a) or of

5 sections 274A(a)(1) or 274A(a)(2), or which constitutes

6 or is derived from or traceable to the proceeds obtained

7 directly or indirectly from a commission of a violation of

8 subsection (a), shall be subject to seizure and forfeiture,

9 except that—

10 ‘‘(A) no property, used by any person as a com11 mon carrier in the transaction of business as a com12 mon carrier shall be forfeited under the provisions of

13 this section unless it shall appear that the owner or

14 other person in charge of such property was a con15 senting party or privy to the illegal act;

16 ‘‘(B) no property shall be forfeited under the

17 provisions of this section by reason of any act or

18 omission established by the owner thereof to have

19 been committed or omitted by any person other than

20 such owner while such property was unlawfully in

21 the possession of a person other than the owner in

22 violation of the criminal laws of the United States

23 or of any State; and

24 ‘‘(C) no property shall be forfeited under this

25 paragraph to the extent of an interest of any owner,
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1 by reason of any act or omission established by that

2 owner to have been committed or omitted without

3 the knowledge or consent of the owner, unless such

4 action or omission was committed by an employee or

5 agent of the owner, and facilitated or was intended

6 to facilitate, or was used in or intended to be used

7 in, the commission of a violation of subsection (a) or

8 of section 274A(a)(1) or 274A(a)(2) which was com9 mitted by the owner or which intended to further the

10 business interests of the owner, or to confer any

11 other benefit upon the owner.’’.

12 (2) in paragraph (2)—

13 (A) by striking ‘‘conveyance’’ both places it

14 appears and inserting in lieu thereof ‘‘prop15 erty’’; and

16 (B) by striking ‘‘is being used in’’ and

17 inserting in lieu thereof ‘‘is being used in, is fa18 cilitating, has facilitated, or was intended to

19 facilitate’’;

20 (3) in paragraphs (4) and (5) by striking ‘‘a

21 conveyance’’ and ‘‘conveyance’’ each place such

22 phrase or word appears and inserting in lieu thereof

23 ‘‘property’’; and

24 (4) in paragraph (4) by—
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1 (A) striking ‘‘or’’ at the end of subpara2 graph (C),

3 (B) by striking the period at the end of

4 subparagraph (D) and inserting ‘‘; or’’, and

5 (C) by inserting at the end the following

6 new subparagraph:

7 ‘‘(E) transfer custody and ownership of

8 forfeited property to any Federal, State, or

9 local agency pursuant to the Tariff Act of

10 1930, as amended (19 U.S.C. 1616a(c)).’’.

11 SEC. 817. COMPENSATION FOR INCARCERATION OF UN12 DOCUMENTED CRIMINAL ALIENS.

13 (a) COMPENSATION.—(1) The Attorney General

14 shall, subject to the availability of appropriations, enter

15 into a contractual arrangement which provides for com16 pensation to the State or a political subdivision of the

17 State, as may be appropriate, with respect to the incarcer18 ation of an undocumented criminal alien who has been

19 convicted of a felony and is incarcerated in a State or local

20 correctional facility.

21 (2) Compensation under paragraph (1) shall be deter22 mined by the Attorney General and shall be equal to the

23 median State or local cost of incarceration of a prisoner

24 in all maximum security facilities within the State as de25 termined by the Bureau of Justice Statistics.
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1 (b) DEFINITION.—For purposes of this section, the

2 term ‘‘undocumented criminal alien’’ means an alien

3 who—

4 (A) has been convicted of a felony and sen5 tenced to a term of imprisonment; and

6 (B)(i) entered the United States without inspec7 tion or at any time or place other than as designated

8 by the Attorney General;

9 (ii) was the subject of exclusion or deportation

10 proceedings at the time he or she was taken into

11 custody by the State or a political subdivision of the

12 State; or

13 (iii) was admitted as a nonimmigrant and at

14 the time he or she was taken into custody by the

15 State or a political subdivision of the State has

16 failed to maintain the nonimmigrant status in which

17 the alien was admitted or to which it was changed,

18 or to comply with the conditions of any such status.
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1 TITLE IX—INSTANT CHECK,

2 RURAL DRUG TASK FORCES,

3 AND ENHANCED DRUG PEN4 ALTIES

5 Subtitle A—Instant Check System

6 for Handgun Purchases

7 SEC. 901. DEFINITIONS.

8 As used in this chapter:

9 (1) The term ‘‘background check crime’’ means

10 a crime punishable by imprisonment for a term ex11 ceeding 1 year within the meaning of section

12 921(a)(20) of title 18, United States Code.

13 (2) The term ‘‘handgun’’ has the meaning given

14 such term in section 921(a)(30) of title 18, United

15 States Code.

16 (3) The term ‘‘licensee’’ means a licensed im17 porter, licensed manufacturer, or licensed dealer, as

18 defined in paragraphs (9), (10), and (11), respec19 tively, of section 921(a) of title 18, United States

20 Code.

21 (4) The term ‘‘State’’ means a State, the Dis22 trict of Columbia, the Commonwealth of Puerto

23 Rico, American Samoa, the Virgin Islands, Guam,

24 and the Trust Territories of the Pacific.
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1 SEC. 902. STATE INSTANT CRIMINAL CHECK SYSTEMS FOR

2 HANDGUN PURCHASES.

3 (a) IN GENERAL.—Not later than the date that is

4 12 months after the date of the enactment of this chapter,

5 each State shall establish and maintain a system that, on

6 receipt of an inquiry from a licensee pursuant to section

7 922(v)(1)(A) of title 18, United States Code, immediately

8 researches the criminal history of a prospective handgun

9 transferee, advises the licensee whether its records dem10 onstrate that such transferee is prohibited from receiving

11 a handgun by reason of subsection (g) or (n) of section

12 922 of such title, and, if such transferee is not so prohib13 ited, provides the licensee a unique identification number

14 with respect to the transfer.

15 (b) ADDITIONAL REQUIREMENTS.—A State instant

16 criminal check system shall—

17 (1) provide for the privacy and security of the

18 information contained in the system at least to the

19 extent of the protections and remedies provided in

20 section 552a(g) of title 5, United States Code;

21 (2) ensure that information provided to the

22 system by a licensee pursuant to section

23 922(v)(1)(B)(i) of title 18, United States Code, is

24 not retained in any form whatsoever, is not conveyed

25 to any person except a person who has a need to

26 know to carry out the purpose of that section, and
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1 is not used for any purpose other than to carry out

2 that section; and

3 (3) provide to a prospective handgun transferee

4 who is denied receipt of a handgun on the basis of

5 information provided by the system a procedure for

6 the correction of erroneous information as otherwise

7 set forth in this chapter.

8 (c) PROHIBITIONS ON USES OF INFORMATION.—

9 (1) RECORDATION BY THE GOVERNMENT.—No

10 record or portion thereof generated by an inquiry

11 concerning or a search of the criminal history of a

12 prospective transferee under a State instant criminal

13 check system established under subsection (a) shall

14 be recorded at or transferred to a facility owned,

15 managed, or controlled by the United States or any

16 State or political subdivision thereof.

17 (2) REGISTRATION OF OWNERSHIP.—Neither

18 the United States, nor a State, nor any political sub19 division thereof may use information provided by a

20 licensee pursuant to a State instant criminal check

21 system established under subsection (a) of this sec22 tion to establish any system for the registration of

23 handguns, handgun owners, or handgun transactions

24 or dispositions, except with respect to persons who

25 are prohibited from receiving a handgun by reason
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1 of subsection (g) or (n) of section 922 of title 18,

2 United States Code.

3 SEC. 903. AMENDMENT OF CHAPTER 44 OF TITLE 18,

4 UNITED STATES CODE.

5 (a) DEFINITIONS.—Section 921(a) of title 18, United

6 States Code, is amended by adding at the end the follow7 ing:

8 ‘‘(30) The term ‘handgun’ means—

9 ‘‘(A) a firearm (other than a firearm that is a

10 curio or relic under criteria established by the Sec11 retary by regulation) that has a short stock and is

12 designed to be held and fired by the use of a single

13 hand; and

14 ‘‘(B) any combination of parts designed and in15 tended to be assembled into such a firearm and from

16 which such a firearm can be readily assembled.’’.

17 (b) IDENTIFICATION PROCEDURE.—Section 922 of

18 such title is amended by adding at the end the following:

19 ‘‘(v)(1) Upon a State instant criminal check system

20 becoming operational pursuant to chapter 1 of subtitle C

21 of title VII of the Crime Control Act of 1993, and notice

22 by an appropriate State official by certified mail to each

23 licensee in the State that such system is operational, a

24 licensed importer, licensed manufacturer, or licensed deal25 er shall not knowingly transfer a handgun from the busi-
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1 ness inventory of such licensee to any other person who

2 is not licensed under this chapter before the completion

3 of the transfer unless—

4 ‘‘(A) the licensee contacts the State instant

5 criminal check system; and

6 ‘‘(B)(i) the State system notifies the licensee

7 that the system has not located any record that

8 demonstrates that the receipt of a handgun by such

9 other person would violate subsection (g) or (n); or

10 ‘‘(ii) at least 2 hours have elapsed since the li11 censee first contacted the system with respect to the

12 transfer, and the system has not notified the licensee

13 that the information available to the system dem14 onstrates that the receipt of a handgun by the per15 son would violate subsection (g) or (n).

16 ‘‘(2) Paragraph (1) shall not apply to a handgun

17 transfer between a licensee and another person if—

18 ‘‘(A) the other person presents to the licensee

19 a valid permit or license issued by the State or a po20 litical subdivision of the State in which the transfer

21 is to occur that authorizes the person to purchase,

22 possess, or carry a firearm;

23 ‘‘(B) the Secretary has, under section 5812 of

24 the Internal Revenue Code of 1986, approved the

25 transfer;
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1 ‘‘(C) the ability of the licensee to exchange in2 formation with the system described in paragraph

3 (1) is impaired for a period of more than 8 hours

4 due to natural or human disaster, insurrection, riot,

5 hurricane, other act of God, or other circumstance

6 beyond the control of the licensee; or

7 ‘‘(D) on application of the licensee, the State

8 instant criminal check system has certified that com9 pliance with paragraph (1)(B)(i) is impracticable be10 cause of the inability of the licensee to communicate

11 with the system due to the remote location of the li12 censed premises.

13 ‘‘(3) If the State instant criminal check system noti14 fies the licensee that the information available to the sys15 tem does not demonstrate that the receipt of a handgun

16 by the person would violate subsection (g) or (n), and the

17 licensee transfers a handgun to the person, the licensee

18 shall include in the record of the transfer the unique iden19 tification number provided by the system with respect to

20 the transfer.

21 ‘‘(4)(A) If the licensee knowingly transfers a handgun

22 to a person and willfully fails to comply with paragraph

23 (1) with respect to the transfer and, at the time of the

24 transfer, the State instant criminal check system was op25 erating and information was available to the system dem-
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1 onstrating that receipt of a handgun by the person would

2 violate subsection (g) or (n), the Secretary may, after no3 tice and opportunity for a hearing, suspend for not more

4 than 12 months or revoke any license issued to the licensee

5 under section 923, and may impose on the licensee a civil

6 fine of not more than $10,000.

7 ‘‘(B) Any action by the Secretary under subpara8 graph (A) of this paragraph shall be subject to the proce9 dures and remedies provided in subsections (e) and (f) of

10 section 923.

11 ‘‘(5) A State employee responsible for providing infor12 mation through a State instant criminal check system

13 shall not be liable in an action at law for damages for

14 failure to prevent the sale or transfer of a handgun to

15 a person whose receipt or possession of a handgun is un16 lawful.

17 ‘‘(6) Notwithstanding any law, rule, or regulation of

18 a State or political subdivision of a State that requires

19 a waiting period prior to the receipt or sale of a handgun,

20 after a State instant criminal check system has been

21 placed in operation, a licensee may transfer, and a person

22 may receive, a handgun immediately upon notification of

23 the licensee pursuant to subparagraph (1)(B)(i). No per24 mit or license shall be required by any State or political

25 subdivision of a State for such transfer or receipt.’’.
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1 (c) PENALTIES.—Section 924(a) of title 18, United

2 States Code, is amended by adding at the end the follow3 ing:

4 ‘‘(6) A person who willfully violates section 922(v)

5 shall be fined not more than $2,000, imprisoned not more

6 than 1 year, or both.’’.

7 (d) EFFECTIVE DATE.—The amendments made by

8 this section shall take effect 120 days after the date of

9 the enactment of this chapter.

10 SEC. 904. ESTABLISHMENT AND OPERATION OF CRIMINAL

11 HISTORY SYSTEM.

12 (a) ESTABLISHMENT OF THE SYSTEM.—Each State

13 shall establish a system accessible by telephone, and may

14 establish other electronic means in addition to telephonic

15 communication, that any licensee, law enforcement officer,

16 or court of law may contact for criminal history informa17 tion. Information available to a licensee shall be limited

18 to information concerning a background check crime or

19 other information concerning whether receipt of a hand20 gun by a prospective transferee would violate subsection

21 (g) or (n) of section 922 of title 18, United States Code.

22 Information available to law enforcement officers and to

23 courts of law shall include information concerning any ar24 rest or conviction for any crime.
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1 (b) CONTINUOUS OPERATION.—Each State shall

2 take such steps as are necessary to ensure that the system

3 operates continuously and without closing, at all times and

4 days of each year for purposes of inquiries from law en5 forcement officers, licensees, and courts.

6 SEC. 905. OPERATION OF SYSTEM FOR PURPOSE OF

7 SCREENING HANDGUN PURCHASERS.

8 (a) ACCURACY OF RESPONSES.—Each State shall

9 take such steps as are necessary to ensure that not more

10 than 2 percent of initial telephone responses of the system

11 contain erroneous determinations that receipt of a hand12 gun by a prospective handgun transferee would violate

13 subsection (g) or (n) of section 922 of title 18, United

14 States Code.

15 (b) NOTIFICATION OF LICENSEES.—On establish16 ment of a system under this section, each respective State

17 shall notify the Secretary of the Treasury, and the Sec18 retary shall notify each licensee, of the existence and pur19 pose of the system and the telephone number and other

20 electronic means that may be used to contact the system.

21 (c) OPERATION OF THE SYSTEM.—

22 (1) REQUIREMENTS FOR PROVISION OF INFOR23 MATION.—The system established under this section

24 shall not provide information to any person who
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1 places a telephone call to the system with respect to

2 a person unless—

3 (A) the system verifies that the caller is a

4 licensee; and

5 (B) the licensee—

6 (i) states that a person seeks to pur7 chase a handgun from the licensee; and

8 (ii) provides the name, birth date, and

9 social security account number (or if the

10 transferee does not have a social security

11 account number, other identifying informa12 tion about the proposed transferee as re13 quired to make a valid identification).

14 (2) INFORMATION TO BE PROVIDED.—

15 (A) IN GENERAL.—If the system receives a

16 telephone call with respect to the transfer of a

17 handgun to a person and the requirements of

18 paragraph (1) of this subsection are met, the

19 system shall, in accordance with subparagraph

20 (B) of this paragraph—

21 (i) if the receipt of a handgun by the

22 person would violate subsection (g) or (n)

23 of section 922 of title 18, United States

24 Code, inform the licensee that the transfer

25 is disapproved; and
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1 (ii) if such a receipt would not be

2 such a violation—

3 (I) assign a unique identification

4 number to the transfer;

5 (II) provide the licensee with the

6 number; and

7 (III) destroy all records of the

8 system with respect to the call (other

9 than the identifying number and the

10 date the number was assigned) and all

11 records of the system relating to the

12 person or the transfer.

13 (B) TIMING.—

14 (i) PROMPT RESPONSE REQUIRED.—

15 The system shall make every effort to pro16 vide to the caller the information required

17 by subparagraph (A) immediately or by re18 turn telephone call without delay.

19 (ii) RULES GOVERNING DELAYED RE20 SPONSES.—If the system is unable to re21 spond immediately to the inquiry due to

22 circumstances beyond the control of the

23 system, the system shall—

24 (I) advise the caller that the re25 sponse of the system will be delayed
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1 and state the reasons for the delay

2 and the estimated length of the delay;

3 and

4 (II) make every effort to provide

5 the information required by subpara6 graph (A) within 2 hours after the li7 censee first contacted the system with

8 respect to the transfer.

9 (d) CORRECTION OF ERRONEOUS SYSTEM.—

10 (1) ADMINISTRATIVE PROCEDURES.—If the sys11 tem established under this section informs a licensee

12 that receipt of a handgun by a person would violate

13 subsection (g) or (n) of section 922 of title 18, Unit14 ed States Code, the person may request the system

15 to provide the person with a detailed explanation, in

16 writing, of the reasons therefor. Within 5 days after

17 receipt of such a request, the system shall comply

18 with the request. The requestor may submit to the

19 system information to correct, clarify, or supplement

20 records of the system with respect to the requestor.

21 Within 5 days after receipt of such information, the

22 system shall consider such information, investigate

23 the matter further, correct all erroneous records re24 lating to the requestor, and notify any department

25 or agency of the United States or of any State or
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1 political subdivision of a State that was the source

2 of the erroneous records or such errors.

3 (2) PRIVATE COURSE OF ACTION.—After all ad4 ministrative remedies are exhausted and such

5 records are not corrected, a person disapproved for

6 the purchase or receipt of a handgun because the

7 system established under this section provided erro8 neous information relating to the person may bring

9 an action in any court of competent jurisdiction

10 against the United States, or any State or political

11 subdivision of a State that is the source of the erro12 neous information, for damages (including con13 sequential damages), injunctive relief, mandamus,

14 and such other relief as the court may deem appro15 priate. If the person prevails in the action, the court

16 shall allow the person a reasonable attorney’s fee as

17 part of the costs.

18 SEC. 906. IMPROVEMENT OF CRIMINAL JUSTICE RECORDS.

19 The Attorney General shall expedite—

20 (1) the incorporation of the remaining State

21 criminal history records into the Federal criminal

22 records systems maintained by the Federal Bureau

23 of Investigation; and
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1 (2) the development of hardware and software

2 systems to link State criminal history check systems

3 into the National Crime Information Center.

4 SEC. 907. ACCESS TO STATE CRIMINAL RECORDS.

5 (a) MEANS OF COMMUNICATION.—Not later than 60

6 days after the date of the enactment of this chapter, the

7 Attorney General shall—

8 (1) determine the type of computer hardware

9 and software that shall be used to operate the Fed10 eral criminal records system and the means by which

11 State criminal records system shall communicate

12 with the Federal system;

13 (2) investigate the criminal records system of

14 each State and determine for each State the extent

15 of such accessible criminal records that each State

16 shall be able to provide thereafter to the Federal

17 system by the effective date of section 902; and

18 (3) notify each State of the determination made

19 pursuant to paragraphs (1) and (2).

20 (b) FEDERAL SYSTEM.—Not later than the effective

21 date of section 902, the Attorney General shall provide

22 to each State access to the Federal Crime Information

23 Center, including the records of other States through a

24 network, for the purpose of permitting the State to con-
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1 duct instant criminal background checks required by that

2 section.

3 SEC. 908. IMPROVEMENTS IN STATE RECORDS.

4 (a) IN GENERAL.—Section 509(b) of title I of the

5 Omnibus Crime Control and Safe Streets Act of 1968 (42

6 U.S.C. 3759(b)) is amended—

7 (1) by striking ‘‘and’’ at the end of paragraph

8 (2);

9 (2) by striking the period at the end of para10 graph (3) and inserting ‘‘; and’’; and

11 (3) by adding at the end the following new

12 paragraph:

13 ‘‘(4) the improvement of State record systems

14 and the sharing of all of the records described in

15 paragraphs (1), (2), and (3) and the records re16 quired by this Act with the Attorney General for the

17 purpose of implementing this Act.’’.

18 (b) ADDITIONAL FUNDING.—Section 509 of title I of

19 the Omnibus Crime Control and Safe Streets Act of 1968

20 (42 U.S.C. 3759) is amended by adding at the end the

21 following:

22 ‘‘(e) In addition to other funds authorized in this Act,

23 there are authorized to be appropriated for fiscal year

24 1994, to be available until expended, $21,000,000 for the

25 purpose of implementing subsection (b)(4).’’.
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1 (c) WITHHOLDING FUNDS.—

2 (1) Effective on the effective date of section

3 902 of this Act, the Attorney General may refuse to

4 make grants under title I of the Omnibus Crime

5 Control and Safe Streets Act of 1968 to a State that

6 does not establish and operate a State criminal

7 background check system in compliance with this

8 chapter.

9 (2) Effective 1 year after the date of the enact10 ment of this chapter, the Attorney General may re11 duce by up to 10 percent the allocation to a State

12 for a fiscal year under title I of the Omnibus Crime

13 Control and Safe Streets Act of 1968 of a State that

14 is not in compliance with this chapter, and the por15 tion of the amounts that are appropriated for alloca16 tion to the States under such title for the fiscal year

17 that is equal to the amount of the reduction shall

18 thereby be rescinded.

19 SEC. 909. FUNDING OF STATE CRIMINAL RECORDS SYS20 TEMS AND DEDICATION OF FUNDS.

21 (a) INCREASE IN SPECIAL ASSESSMENTS.—Section

22 3013(a) of title 18, United States Code, is amended—

23 (1) in paragraph (1)(A)(iii), by striking ‘‘$25’’

24 and inserting ‘‘$30’’;
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1 (2) in paragraph (2)(A), by striking ‘‘$50’’ and

2 inserting ‘‘$75’’; and

3 (3) in paragraph (2)(B), by striking ‘‘$200’’

4 and inserting ‘‘$250’’.

5 (b) SYSTEMS FOR SCREENING HANDGUN PUR6 CHASERS AND FOR CRIMINAL JUSTICE PURPOSES.—Not7 withstanding any other law, $5 of each assessment col8 lected under section 3013(a)(1)(A)(iii) of title 18, United

9 States Code, $25 of each assessment collected under sub10 section (a)(2)(A) of that section, and $50 of each assess11 ment collected under subsection (a)(2)(B) of that section

12 shall be paid to the States, in proportion to the respective

13 populations thereof, for the purposes of carrying out this

14 chapter.

15 SEC. 910. AUTHORIZATION OF APPROPRIATIONS.

16 (a) IN GENERAL.—There are authorized to be appro17 priated such sums as are necessary to carry out this

18 chapter.

19 (b) LIMITATION ON USE.—No appropriation, grant,

20 or fund authorized under this chapter shall be used for

21 any purpose other than the creation, maintenance, and op22 eration of systems for access to criminal history records

23 and screening systems for handgun purchasers as provided

24 in this chapter.
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1 Subtitle B—Drug Trafficking in

2 Rural Areas

3 SEC. 911. AUTHORIZATIONS FOR RURAL LAW ENFORCE4 MENT AGENCIES.

5 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

6 1001(a)(9) of title I of the Omnibus Crime Control and

7 Safe Streets Act of 1968 is amended to read as follows:

8 ‘‘(9) There are authorized to be appropriated to carry

9 out part O $50,000,000 for each of fiscal years 1994,

10 1995, 1996, 1997, and 1998.’’.

11 (b) AMENDMENT TO BASE ALLOCATION.—Section

12 1501(a)(2)(A) of title I of the Omnibus Crime Control and

13 Safe Streets Act of 1968 is amended by striking

14 ‘‘$100,000’’ and inserting ‘‘$250,000’’.

15 SEC. 912. RURAL CRIME AND DRUG ENFORCEMENT TASK

16 FORCES.

17 (a) ESTABLISHMENT.—Not later than 90 days after

18 the date of enactment of this Act, the Attorney General,

19 in consultation with the Governors, mayors, and chief ex20 ecutive officers of State and local law enforcement agen21 cies, shall establish a Rural Crime and Drug Enforcement

22 Task Force in each of the Federal judicial districts which

23 encompass significant rural lands. Assets seized as a re24 sult of investigations initiated by a Rural Drug Enforce25 ment Task Force shall be used primarily to enhance the
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1 operations of the task force and its participating State and

2 local law enforcement agencies.

3 (b) TASK FORCE MEMBERSHIP.—The task forces es4 tablished under subsection (a) shall be chaired by the

5 United States Attorney for the respective Federal judicial

6 district. The task forces shall include representatives

7 from—

8 (1) State and local law enforcement agencies;

9 (2) the Drug Enforcement Administration;

10 (3) the Federal Bureau of Investigation;

11 (4) the Immigration and Naturalization Service;

12 (5) the Customs Service;

13 (6) the United States Marshals Service; and

14 (7) law enforcement officers from the United

15 States Park Police, United States Forest Service

16 and Bureau of Land Management, and such other

17 Federal law enforcement agencies as the Attorney

18 General may direct.

19 SEC. 913. CROSS-DESIGNATION OF FEDERAL OFFICERS.

20 (a) IN GENERAL.—The Attorney General may cross21 designate up to 100 law enforcement officers from each

22 of the agencies specified under section 1502(b)(6) of the

23 Omnibus Crime Control and Safe Streets Act of 1968 with

24 jurisdiction to enforce the provisions of the Controlled

25 Substances Act on non-Federal lands and title 18 of the
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1 United States Code to the extent necessary to effect the

2 purposes of this Act.

3 (b) ADEQUATE STAFFING.—The Attorney General

4 shall, subject to the availability of appropriations, ensure

5 that each of the task forces established in accordance with

6 this title are adequately staffed with investigators and that

7 additional investigators are provided when requested by

8 the task force.

9 SEC. 914. RURAL DRUG ENFORCEMENT TRAINING.

10 (a) SPECIALIZED TRAINING FOR RURAL OFFI11 CERS.—The Director of the Federal Law Enforcement

12 Training Center shall develop a specialized course of in13 struction devoted to training law enforcement officers

14 from rural agencies in the investigation of drug trafficking

15 and related crimes.

16 (b) AUTHORIZATION OF APPROPRIATIONS.—There

17 are authorized to be appropriated to carry out subsection

18 (a) $1,000,000 for each of fiscal years 1994, 1995, 1996,

19 1997, and 1998.

20 SEC. 915. MORE AGENTS FOR THE DRUG ENFORCEMENT

21 ADMINISTRATION.

22 There are authorized to be appropriated for the hir23 ing of additional Drug Enforcement Administration

24 agents $20,000,000 for each of fiscal years 1994, 1995,

25 1996, 1997, and 1998.
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1 Subtitle C—Miscellaneous

2 SEC. 921. ENHANCEMENT OF PENALTIES FOR DRUG TRAF3 FICKING IN PRISONS.

4 Section 1791 of title 18, United States Code, is

5 amended—

6 (1) in subsection (c), by inserting before ‘‘Any’’

7 the following new sentence: ‘‘Any punishment im8 posed under subsection (b) for a violation of this

9 section involving a controlled substance shall be con10 secutive to any other sentence imposed by any court

11 for an offense involving such a controlled sub12 stance.’’.

13 (2) in subsection (d)(1)(A) by inserting after ‘‘a

14 firearm or destructive device’’ the following, ‘‘or a

15 controlled substance in schedule I or II, other than

16 marijuana or a controlled substance referred to in

17 subparagraph (C) of this subsection’’;

18 SEC. 922. CRACK PENALTY AMENDMENTS.

19 (a) 50 GRAM TRAFFICKING PENALTY.—

20 (1) Section 401(b)(1)(A) of the Controlled Sub21 stances Act (21 U.S.C. 841(b)(1)(A)) is amended by

22 striking clause (iii).

23 (2) Section 401(b)(1)(A)(ii) of the Controlled

24 Substances Act (21 U.S.C. 841(b)(1)(A)(ii)) is
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1 amended by striking ‘‘5 kilograms’’ and inserting

2 ‘‘50 grams’’.

3 (b) 5 GRAM TRAFFICKING PENALTY.—

4 (1) Section 401(b)(1)(B) of the Controlled Sub5 stances Act (21 U.S.C. 841(b)(1)(B)) is amended by

6 striking clause (iii).

7 (2) Section 401(b)(1)(B)(ii) of the Controlled

8 Substances Act (21 U.S.C. 841(b)(1)(B)(ii)) is

9 amended by striking ‘‘500 grams’’ and inserting ‘‘5

10 grams’’.

11 (c) 50 GRAM PENALTY IMPORT PENALTY.—

12 (1) Section 1010(b)(1) of the Controlled Sub13 stances Import and Export Act (21 U.S.C.

14 960(b)(1)) is amended by striking out subparagraph

15 (C).

16 (2) Section 1010(b)(1)(B) of the Controlled

17 Substances Import and Export Act (21 U.S.C.

18 960(b)(1)(B)) is amended by striking ‘‘5 kilograms’’

19 and inserting ‘‘50 grams’’.

20 (d) 5 GRAM PENALTY IMPORT PENALTY.—

21 (1) Section 1010(b)(2) of the Controlled Sub22 stances Import and Export Act (21 U.S.C.

23 960(b)(2)) is amended by striking out subparagraph

24 (C).
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1 (2) Section 1010(b)(2)(B) of the Controlled

2 Substances Import and Export Act (21 U.S.C.

3 960(b)(2)(B)) is amended by striking ‘‘500 grams’’

4 and inserting ‘‘5 grams’’.

5 (e) POSSESSION PENALTY.—Section 404(a) of the

6 Controlled Substances Act (21 U.S.C. 844(a)) is amended

7 in the sentence that begins ‘‘Notwithstanding the preced8 ing sentence’’ by striking ‘‘cocaine base’’ and inserting

9 ‘‘cocaine’’.

10 (f) SENTENCING GUIDELINES.—The United States

11 Sentencing Commission shall promulgate such amend12 ments to the Sentencing Guidelines as are necessary to

13 conform those Guidelines to the amendments made by this

14 section.

15 TITLE X—MISCELLANEOUS

16 SEC. 1001. AWARDS OF PELL GRANTS TO PRISONERS PRO17 HIBITED.

18 (a) IN GENERAL.—Section 401(b)(8) the Higher

19 Education Act of 1965 (20 U.S.C. 1070a(b)(8)) is amend20 ed to read as follows:

21 ‘‘(8) No basic grant shall be awarded under this sub22 part to any individual who is incarcerated in any Federal

23 or State penal institution.’’.

24 (b) EFFECTIVE DATE.—The amendment made by

25 this section shall apply with respect to periods of enroll-
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1 ment beginning on or after the date of enactment of this

2 Act.

3 SEC. 1002. PROFESSIONAL AND COMMERICAL LICENCES.

4 A person who is incarcerated in a Federal or State

5 penal institution shall be ineligible for any professional or

6 commercial licence provided by any agency or authority

7 of the United States.

8 SEC. 1003. LIMITATIONS ON PAYMENT OF OASDI BENEFITS

9 TO PRISONERS.

10 Section 202(x) of the Social Security Act (42 U.S.C.

11 402(x)) is amended—

12 (1) in paragraph (1), by striking ‘‘pursuant to’’

13 and all that follows and inserting the following:

14 ‘‘pursuant to his conviction of a criminal offense

15 under applicable law.’’; and

16 (2) in paragraph (3), by striking ‘‘pursuant to

17 his conviction of an offense which constituted a fel18 ony under applicable law’’ and inserting ‘‘pursuant

19 to his conviction of a criminal offense under applica20 ble law’’.

21 SEC. 1004. LIMITATION ON USE OF VETERANS’ EDU22 CATIONAL ASSISTANCE BY PRISONERS.

23 (a) IN GENERAL.—Chapter 53 of title 38, United

24 States Code, is amended by inserting after section 5313

25 the following new section:
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1 ‘‘§ 5313A. Limitation on use of veterans’ educational

2 assistance by prisoners

3 ‘‘(a)(1) To the extent provided in subsection (c) of

4 this section, any person who is entitled to educational as5 sistance under chapters 30, 32, 32, 35, or 36 of this title

6 and who is incarcerated in a Federal, State, or local penal

7 institution for a period in excess of sixty days for convic8 tion of a felony shall not be entitled to use such assistance

9 at any time during the period beginning on the sixty-first

10 day of such incarceration and ending on the day such in11 carceration ends.

12 ‘‘(2) The provisions of paragraph (1) of this sub13 section shall not apply with respect to any period during

14 which a person is participating in a work-release program

15 or is residing in a halfway house.

16 ‘‘(b) The period of entitlement to veterans edu17 cational assistance under chapters 30, 32, 32, 35, or 36

18 of this title does not include the period of incarceration

19 described in subsection (a)(1).

20 ‘‘(c) The provisions of subsection (a) of this section

21 shall apply—

22 ‘‘(1) with respect to any period of incarceration

23 of a person for conviction of a felony committed

24 after the date of the enactment of this section, and

25 ‘‘(2) with respect to any period of incarceration

26 on or after the date of enactment of this section for
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1 conviction of a felony of a person who on such the

2 date is incarcerated for conviction of such felony and

3 with respect to whom an approved course of edu4 cation begins after such date.’’.

5 (b) CLERICAL AMENDMENT.—The table of contents

6 at the beginning of chapter 53 of title 38, United States

7 Code, is amended by inserting after the item relating to

8 section 5313 the following:

‘‘5313A. Limitation on use of veterans’ educational assistance by prisoners.’’.

9 TITLE XI—PENALTIES FOR HAR10 ASSMENT OR OBSTRUCTION

11 OF LAWFUL HUNTING

12 SEC. 1101. SHORT TITLE.

13 This title may be cited as the ‘‘Recreational Hunting

14 Safety and Preservation Act of 1994’’.

15 SEC. 1102. FINDINGS.

16 Congress finds that—

17 (1) recreational hunting, when carried out pur18 suant to law (as implemented by the regulations of

19 Federal and State wildlife management agencies) is

20 a necessary and beneficial element in the proper con21 servation and management of healthy, abundant,

22 and biologically diverse wildlife resources;

23 (2) recreational hunters (because of a generally

24 demonstrated concern with the conservation of wild-
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1 life resources and preservation of habitat necessary

2 for the breeding and maintenance of healthy wildlife

3 populations, and through a familiarity with the re4 sources gained from experience in the field) are a

5 valuable asset in ensuring enlightened public input

6 into decisions regarding management and mainte7 nance programs for wildlife resources and habitat;

8 (3)(A) recreational hunting supports industries

9 highly significant to the national economy through

10 sales in interstate commerce of sporting goods; and

11 (B) the Federal excise taxes imposed on the

12 sales provide a major source of funding for vital pro13 grams of wildlife conservation and management;

14 (4) various persons are engaging in (and have

15 announced an intent to continue to engage in) a va16 riety of disruptive activities with the premeditated

17 purpose of preventing and interfering with the con18 duct of lawful recreational hunting on Federal lands,

19 which activities—

20 (A) place both recreational hunters and the

21 disruptive persons in imminent jeopardy of

22 grave physical injury or death;

23 (B) disrupt the peaceful, lawful, and pru24 dent conduct of wildlife population and habitat
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1 management programs by Federal and State

2 wildlife management agencies; and

3 (C) ultimately may alter the planned pro4 gram objectives, resulting in—

5 (i) undesirable patterns of activity

6 within populations of wildlife;

7 (ii) the endangerment of the future vi8 ability of wildlife species; and

9 (iii) damage to habitat values;

10 (5) Federal lands comprise important wildlife

11 habitat resources that—

12 (A) support many large, diverse, and vital

13 populations of wildlife; and

14 (B) offer significant opportunities for legal

15 recreational hunting as an important manage16 ment tool to ensure the future viability of the

17 wildlife populations;

18 (6) it is the right of citizens of the United

19 States freely to enjoy lawful recreational hunting on

20 Federal lands in accordance with regulations pro21 mulgated by Federal and State wildlife management

22 agencies; and

23 (7) in many instances under current law, vague24 ness and ambiguity exist regarding the application
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1 of State laws and enforcement activities relating

2 to—

3 (A) the safety of hunters; and

4 (B) the legal rights of recreational hunters

5 to participate peacefully in lawful hunts on

6 Federal lands.

7 SEC. 1103. DEFINITIONS.

8 As used in this title:

9 (1) FEDERAL LANDS.—The term ‘‘Federal

10 lands’’ means—

11 (A) national forests;

12 (B) public lands;

13 (C) national parks; and

14 (D) wildlife refuges.

15 (2) LAWFUL HUNT.—The term ‘‘lawful hunt’’

16 means an occasion when an individual is engaged in

17 the taking or harvesting (or attempted taking or

18 harvesting) through a legal means and during a

19 specified legal season of a wildlife or fish, on Federal

20 lands, which activity—

21 (A)(i) is authorized by or licensed under

22 the law of the State in which it takes place; or

23 (ii) is regulated by game or fishing seasons

24 established by the State in which it takes place;
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1 (B) is not prohibited by a law of the Unit2 ed States; and

3 (C) does not infringe upon a right of an

4 owner of private property.

5 (3) NATIONAL FOREST.—The term ‘‘national

6 forest’’ means lands included in the National Forest

7 System (as defined in section 11(a) of the Forest

8 and Rangeland Renewable Resources Planning Act

9 of 1974 (16 U.S.C. 1609(a))).

10 (4) NATIONAL PARK.—The term ‘‘national

11 park’’ means lands and waters included in the na12 tional park system (as defined in section 2(a) of the

13 Act entitled ‘‘An Act to facilitate the management of

14 the National Park System and miscellaneous areas

15 administered in connection with that system, and for

16 other purposes’’, approved August 8, 1953 (16

17 U.S.C. 1c(a))).

18 (5) PUBLIC LANDS.—The term ‘‘public lands’’

19 has the same meaning as is provided in section

20 103(e) of the Federal Land Policy and Management

21 Act of 1976 (43 U.S.C. 1702(e)).

22 (6) SECRETARY.—The term ‘‘Secretary’’

23 means—

24 (A) the Secretary of Agriculture with re25 spect to national forests; and
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1 (B) the Secretary of the Interior with re2 spect to—

3 (i) public lands;

4 (ii) national parks; and

5 (iii) wildlife refuges.

6 (7) WILDLIFE REFUGE.—The term ‘‘wildlife

7 refuge’’ means lands and waters included in the Na8 tional Wildlife Refuge System (as established by sec9 tion 4 of the National Wildlife Refuge System Ad10 ministration Act of 1966 (16 U.S.C. 668dd)).

11 SEC. 1104. OBSTRUCTION OF A LAWFUL HUNT.

12 (a) VIOLATION.—It is unlawful for a person know13 ingly and with the intent of obstructing, impeding, or

14 interfering with a lawful hunt by an individual to—

15 (1) obstruct, impede, or otherwise interfere with

16 a lawful hunt by an individual;

17 (2) engage in activities that prevent or impede

18 the reasonable and usual means of access by those

19 individuals who intend to participate in a lawful

20 hunt, whether the activities occur on Federal lands

21 or upon a public or private road, highway, path,

22 trail, or other normal route of access to Federal

23 lands;
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1 (3) take or abuse property, equipment, or hunt2 ing dogs being used in conjunction with a lawful

3 hunt; or

4 (4) enter onto Federal lands or travel in inter5 state commerce to further—

6 (A) a scheme or effort to obstruct, impede,

7 or otherwise interfere with a lawful hunt; or

8 (B) the efforts of another person to ob9 struct, impede, or interfere with a lawful hunt.

10 (b) MULTIPLE VIOLATIONS.—The Secretary may

11 consider participation by a person in more than one of

12 the activities described in this section to constitute mul13 tiple violations.

14 SEC. 1105. CIVIL PENALTIES.

15 (a) IN GENERAL.—A person who engages in an activ16 ity described in section 1104 shall be assessed a civil pen17 alty of not less than $500, and not more than $5,000,

18 for each violation.

19 (b) VIOLATION INVOLVING FORCE OR VIOLENCE.—

20 Upon a determination by a court that the activity involved

21 the use of force or violence, or the threatened use of force

22 or violence, against the person or property of another per23 son, a person who engages in an activity described in sec24 tion 1104 shall be assessed a civil penalty of not less than

25 $1,000, and not more than $10,000, for each violation.
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1 (c) RELATIONSHIP TO OTHER PENALTIES.—The

2 penalties established by this section shall be in addition

3 to other criminal or civil penalties that may be levied

4 against the person as a result of an activity in violation

5 of section 1104.

6 (d) PROCEDURE.—

7 (1) COMPLAINTS FROM GOVERNMENT

8 AGENTS.—Upon receipt of a written complaint from

9 an officer, employee, or agent of the Forest Service,

10 Bureau of Land Management, National Park Serv11 ice, United States Fish and Wildlife Service, or

12 other Federal agency that a person violated section

13 1104, the Secretary shall—

14 (A) forward the complaint to the United

15 States Attorney for the Federal judicial district

16 in which the violation is alleged to have oc17 curred; and

18 (B) request the Attorney General of the

19 United States to institute a civil action for the

20 imposition and collection of the civil penalty

21 specified in subsection (a) or (b).

22 (2) COMPLAINTS FROM INDIVIDUALS.—Upon

23 receipt of a sworn affidavit from an individual and

24 a determination by the Secretary that the statement

25 contains sufficient factual data to create a reason-
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1 able belief that a violation of section 1104 has oc2 curred, the Secretary shall—

3 (A) forward a complaint to the United

4 States Attorney for the Federal judicial district

5 in which the violation is alleged to have oc6 curred; and

7 (B) request the Attorney General of the

8 United States to institute a civil action for the

9 imposition and collection of the civil penalty

10 specified in subsection (a) or (b).

11 (e) USE OF PENALTY MONEY COLLECTED.—After

12 deduction of costs attributable to collection, money col13 lected from penalties shall be—

14 (1) deposited into the trust fund established

15 pursuant to the Act entitled ‘‘An Act to provide that

16 the United States shall aid the States in wildlife-res17 toration projects, and for other purposes’’, approved

18 September 2, 1937 (16 U.S.C. 669) (commonly

19 known as the ‘‘Pitman-Robertson Wildlife Restora20 tion Act’’), to support the activities authorized by

21 such Act and undertaken by State wildlife manage22 ment agencies; or

23 (2) used in such other manner as the Secretary

24 determines will enhance the funding and implemen25 tation of—
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1 (A) the North American Waterfowl Man2 agement Plan signed by the Secretary of the In3 terior and the Minister of Environment for

4 Canada in May 1986; or

5 (B) a similar program that the Secretary

6 determines will enhance wildlife management—

7 (i) on Federal lands; or

8 (ii) on private or State-owned lands

9 when the efforts will also provide a benefit

10 to wildlife management objectives on Fed11 eral lands.

12 SEC. 1106. OTHER RELIEF.

13 (a) INJUNCTIVE RELIEF.—Injunctive relief against a

14 violation of section 1104 may be sought by—

15 (1) the head of a State agency with jurisdiction

16 over fish or wildlife management;

17 (2) the Attorney General of the United States;

18 or

19 (3) any person who is or would be adversely af20 fected by the violation, or a hunting or sportsman’s

21 organization to which the person belongs.

22 (b) DAMAGES AND ATTORNEY’S FEES.—Any person

23 who is or would be adversely affected by a violation of

24 section 1104, or a hunting or sportsman’s organization to
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1 which the person belongs, may bring a civil action to

2 recover—

3 (1) actual and punitive damages; and

4 (2) reasonable attorney’s fees.

5 SEC. 1107. RELATIONSHIP TO STATE AND LOCAL LAW AND

6 CIVIL ACTIONS.

7 (a) LAW OR ORDINANCE.—This title is not intended

8 to preempt a State law or local ordinance that provides

9 for civil or criminal penalties for a person who obstructs

10 or otherwise interferes with a lawful hunt.

11 (b) CIVIL ACTION.—The bringing of an action pursu12 ant to this title shall not prevent an independent action

13 against a person under a State law or local ordinance.

14 SEC. 1108. REGULATIONS.

15 The Secretary may issue such regulations as are nec16 essary to carry out this title.

17 TITLE XII—VIOLENT CRIME

18 REDUCTION TRUST FUND

19 SEC. 1201. PURPOSES.

20 The Congress declares it essential—

21 (1) to fully fund the control and prevention of

22 violent crime authorized in this Act over the next 5

23 years;

24 (2) to ensure orderly limitation and reduction of

25 Federal Government employment, as recommended
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1 by the Report of the National Performance Review,

2 conducted by the Vice President; and

3 (3) to apply sufficient amounts of the savings

4 achieved by limiting Government employment to the

5 purpose of ensuring full funding of this Act over the

6 next 5 years.

7 SEC. 1202. REDUCTION OF FEDERAL FULL-TIME EQUIVA8 LENT POSITIONS.

9 (a) DEFINITION.—For purposes of this section, the

10 term ‘‘agency’’ means an Executive agency as defined

11 under section 105 of title 5, United States Code, but does

12 not include the General Accounting Office.

13 (b) LIMITATIONS ON FULL-TIME EQUIVALENT POSI14 TIONS.—The President, through the Office of Manage15 ment and Budget (in consultation with the Office of Per16 sonnel Management), shall ensure that the total number

17 of full-time equivalent positions in all agencies shall not

18 exceed—

19 (1) 2,095,182 during fiscal year 1994;

20 (2) 2,044,100 during fiscal year 1995;

21 (3) 2,003,846 during fiscal year 1996;

22 (4) 1,963,593 during fiscal year 1997; and

23 (5) 1,923,339 during fiscal year 1998.
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1 (c) MONITORING AND NOTIFICATION.—The Office of

2 Management and Budget, after consultation with the Of3 fice of Personnel Management, shall—

4 (1) continuously monitor all agencies and make

5 a determination on the first date of each quarter of

6 each applicable fiscal year of whether the require7 ments under subsection (b) are met; and

8 (2) notify the President and the Congress on

9 the first date of each quarter of each applicable fis10 cal year of any determination that any requirement

11 of subsection (b) is not met.

12 (d) COMPLIANCE.—If at any time during a fiscal

13 year, the Office of Management and Budget notifies the

14 President and the Congress that any requirement under

15 subsection (b) is not met, no agency may hire any em16 ployee for any position is such agency until the Office of

17 Management and Budget notifies the President and the

18 Congress that the total number of full-time equivalent po19 sitions for all agencies equals or is less than the applicable

20 number required under subsection (b).

21 (e) WAIVER.—Any provision of this section may be

22 waived upon—

23 (1) a determination by the President of the ex24 istence of war or a national security requirement; or
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1 (2) the enactment of a joint resolution upon an

2 affirmative vote of three-fifths of the Members of

3 each House of the Congress duly chosen and sworn.

4 SEC. 1203. CREATION OF VIOLENT CRIME REDUCTION

5 TRUST FUND.

6 (a) ESTABLISHMENT OF THE ACCOUNT.—Chapter

7 11 of title 31, United States Code, is amended by inserting

8 at the end thereof the following new section:

9 ‘‘§ 1115. Violent crime reduction trust fund

10 ‘‘(a) There is established a separate account in the

11 Treasury, known as the ‘Violent Crime Reduction Trust

12 Fund’, into which shall be deposited deficit reduction

13 achieved by section 1202 of the People’s Protection Crime

14 Control Act of 1994 sufficient to fund that Act (as defined

15 in subsection (b) of this section).

16 ‘‘(b) On the first day of the following fiscal years (or

17 as soon thereafter as possible for fiscal year 1994), the

18 following amounts shall be transferred from the general

19 fund to the Violent Crime Reduction Trust Fund—

20 ‘‘(1) for fiscal year 1994, $720,000,000;

21 ‘‘(2) for fiscal year 1995, $2,423,000,000;

22 ‘‘(3) for fiscal year 1996, $4,267,000,000;

23 ‘‘(4) for fiscal year 1997, $6,313,000,000; and

24 ‘‘(5) for fiscal year 1998, $8,545,000,000.

25 ‘‘(c) Notwithstanding any other provision of law—
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1 ‘‘(1) the amounts in the Violent Crime Reduc2 tion Trust Fund may be appropriated exclusively for

3 the purposes authorized in the People’s Protection

4 Crime Control Act of 1994;

5 ‘‘(2) the amounts in the Violent Crime Reduc6 tion Trust Fund and appropriations under para7 graph (1) of this section shall be excluded from, and

8 shall not be taken into account for purposes of, any

9 budget enforcement procedures under the Congres10 sional Budget Act of 1974 or the Balanced Budget

11 and Emergency Deficit Control Act of 1985; and

12 ‘‘(3) for purposes of this subsection, ‘appropria13 tions under paragraph (1)’ mean amounts of budget

14 authority not to exceed the balances of the Violent

15 Crime Reduction Trust Fund and amounts of out16 lays that flow from budget authority actually appro17 priated.’’.

18 (b) LISTING OF THE VIOLENT CRIME REDUCTION

19 TRUST FUND AMONG GOVERNMENT TRUST FUNDS.—

20 Section 1321(a) of title 31, United States Code, is amend21 ed by inserting at the end thereof the following new para22 graph:

23 ‘‘(91) Violent Crime Reduction Trust Fund.’’.

24 (c) REQUIREMENT FOR THE PRESIDENT TO REPORT

25 ANNUALLY ON THE STATUS OF THE ACCOUNT.—Section
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1 1105(a) of title 31, United States Code, is amended by

2 adding at the end thereof:

3 ‘‘(29) information about the Violent Crime Re4 duction Trust Fund, including a separate statement

5 of amounts in that Trust Fund.

6 ‘‘(30) an analysis displaying by agency pro7 posed reductions in full-time equivalent positions

8 compared to the current year’s level in order to com9 ply with section 1202 of the People’s Protection

10 Crime Control Act of 1994.’’.

11 SEC. 1204. CONFORMING REDUCTION IN DISCRETIONARY

12 SPENDING LIMITS.

13 The Director of the Office of Management and Budg14 et shall, upon enactment of this Act, reduce the discre15 tionary spending limits set forth in section 601(a)(2) of

16 the Congressional Budget Act of 1974 for fiscal years

17 1994 through 1998 as follows:

18 (1) for fiscal year 1994, for the discretionary

19 category: $720,000,000 in new budget authority and

20 $314,000,000 in outlays;

21 (2) for fiscal year 1995, for the discretionary

22 category: $2,423,000,000 in new budget authority

23 and $2,330,000,000 in outlays;
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1 (3) for fiscal year 1996, for the discretionary

2 category: $4,267,000,000 in new budget authority

3 and $4,184,000,000 in outlays;

4 (4) for fiscal year 1997, for the discretionary

5 category: $6,313,000,000 in new budget authority

6 and $6,221,000,000 in outlays; and

7 (5) for fiscal year 1998, for the discretionary

8 category: $8,545,000,000 in new budget authority

9 and $8,443,000,000 in outlays.

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