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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2872 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 2872

To prevent and punish crime, to strengthen the rights of crime victims, 
    to assist State and local efforts against crime, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             August 4, 1993

  Mr. McCollum (for himself, Mr. Michel, Mr. Gingrich, Mr. Armey, Mr. 
Hyde, Mr. Hunter, Mr. DeLay, Mr. Fish, Mr. Canady, Mr. Gekas, Ms. Pryce 
  of Ohio, Mr. Ramstad, Mr. Rogers, Mr. Shaw, Mr. Smith of Texas, Mr. 
Baker of California, Mr. Bliley, Mr. Bunning, Mr. Buyer, Mr. Camp, Mr. 
Castle, Mr. Coble, Mr. Cox, Mr. Doolittle, Mr. Ewing, Mrs. Fowler, Mr. 
Goss, Mr. Grams, Mr. Greenwood, Mr. Horn, Mr. Kim, Mr. Kolbe, Mr. Kyl, 
Mr. Lewis of Florida, Mr. Linder, Mr. McDade, Mr. McKeon, Mr. Mica, Ms. 
Molinari, Mr. Moorhead, Mr. Oxley, Mr. Solomon, Mr. Smith of Michigan, 
 Mr. Torkildsen, Mrs. Vucanovich, Mr. Walker, Mr. Weldon, Mr. Zeliff, 
  Mr. Zimmer, Mr. Lazio, Mr. McHugh, Mr. Ballenger, and Mr. Gallegly) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

                             March 22, 1994

 Additional sponsors: Mr. Crane, Mr. Dornan, Mr. Schiff, Mr. Fields of 
 Texas, Mr. Machtley, Mr. Walsh, Mr. Dickey, Mr. Talent, Mr. Roth, Mr. 
Archer, Mr. Quinn, Mr. Taylor of North Carolina, Mr. Hobson, Mr. Pombo, 
  Mr. Bartlett of Maryland, Mr. Santorum, Mr. Emerson, Mr. Miller of 
   Florida, Mr. Levy, Mr. Bereuter, Mr. Rohrabacher, Mr. Paxon, Mr. 
 Houghton, Mr. Boehner, Mr. Thomas of Wyoming, Mr. Bachus of Alabama, 
Mr. Saxton, Mr. Dreier, Mr. Bateman, Mr. Portman, Ms. Dunn, Mr. Herger, 
   Mr. Packard, Mr. Collins of Georgia, Mr. Inhofe, Mr. Kasich, Mr. 
   Schaefer, Mr. Goodlatte, Mr. Lewis of California, Mr. Petri, Mr. 
                   Everett, Mr. Royce, and Mr. Fawell
Deleted sponsor: Mr. Porter (added September 30, 1993; deleted October 
                                7, 1993)

_______________________________________________________________________

                                 A BILL

 
To prevent and punish crime, to strengthen the rights of crime victims, 
    to assist State and local efforts against crime, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Crime Control Act 
of 1993''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
      TITLE I--PROTECTION OF NEIGHBORHOODS, FAMILIES, AND CHILDREN

                        Subtitle A--Safe Schools

Sec. 101. Increased penalties for drug trafficking near schools.
Sec. 102. Federal safe school districts.
Sec. 103. Enhanced penalty for violation of the Gun-Free School Zones 
                            Act.
                    Subtitle B--Secure Neighborhoods

Sec. 111. Enhanced local law enforcement.
Sec. 112. Authorization of appropriations.
Sec. 113. Community policing grants.
Sec. 114. Criminal street gangs offenses.
Sec. 115. Drive-by shootings.
Sec. 116. Addition of anti-gang Byrne grant funding objective.
Sec. 117. Increased penalties for drug trafficking near public housing.
                  Subtitle C--Crimes Against Children

Sec. 131. Death penalty for murder during the sexual exploitation of 
                            children.
Sec. 132. Increased penalties for sex offenses against victims below 
                            the age of 16.
Sec. 133. Penalties for international trafficking in child pornography.
Sec. 134. State legislation regarding child pornography.
Sec. 135. National registration of convicted child abusers.
Sec. 136. Increased penalties for assaults against children.
Sec. 137. Offense of inducing minors or other persons to use steroids.
Sec. 138. Increased penalties for drug distribution to pregnant women.
Sec. 139. Interstate enforcement of child support orders.
Sec. 140. Crimes involving the use of minors as RICO predicates.
Sec. 141. Increased penalties for using minors in drug trafficking and 
                            drug distribution to minors.
Sec. 142. Increased penalties for using a minor in commission of a 
                            Federal offense.
Sec. 143. International parental kidnapping.
Sec. 144. 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. Adult prosecution of serious juvenile offenders.
Sec. 153. Amendments concerning records of crimes committed by 
                            juveniles.
                 TITLE II--EQUAL PROTECTION FOR VICTIMS

                      Subtitle A--Victims' Rights

Sec. 201. Right of the victim to fair treatment in legal proceedings.
Sec. 202. Right of the victim to an impartial jury.
Sec. 203. Victim's right of allocution in sentencing.
Sec. 204. Enforcement of restitution orders through suspension of 
                            Federal benefits.
Sec. 205. Prohibition of retaliatory killings of witnesses, victims and 
                            informants.
                 Subtitle B--Admissibility of Evidence

Sec. 211. Admissibility of evidence of similar crimes in sex offense 
                            cases.
Sec. 212. Extension and strengthening of rape victim shield law.
Sec. 213. Inadmissibility of evidence to show provocation or invitation 
                            by victim in sex offense cases.
Sec. 214. Admissibility of certain evidence.
      Subtitle C--Protecting the Integrity of the Judicial Process

Sec. 221. General safeguards against racial prejudice or bias in the 
                            tribunal.
Sec. 222. Protection of jurors and witnesses in capital cases.
Sec. 223. Protection of court officers and jurors.
Sec. 224. Death penalty for murder of Federal witnesses.
                     TITLE III--PROTECTION OF WOMEN

                 Subtitle A--Spouse Abuse and Stalking

Sec. 301. Interstate travel to commit spouse abuse or to violate 
                            protective order; interstate stalking.
Sec. 302. Full faith and credit for protective orders.
                 Subtitle B--Victims of Sexual Violence

Sec. 311. Civil remedy for victims of sexual violence.
Sec. 312. Extension and strengthening of restitution.
Sec. 313. Pre-trial detention in sex offense cases.
                Subtitle C--Punishment of Sex Offenders

Sec. 321. Death penalty for rape and child molestation murders.
Sec. 322. Increased penalties for recidivist sex offenders.
Sec. 323. Sentencing guidelines increase for sex offenses.
Sec. 324. HIV testing and penalty enhancement in sexual offense cases.
                   TITLE IV--PREVENTION OF TERRORISM

     Subtitle A--Enhanced Controls on Entry into the United States

Sec. 401. Exclusion based on membership in terrorist organization 
                            advocacy of terrorism.
Sec. 402. Admissions fraud.
Sec. 403. Inspection and exclusion by immigration officers.
Sec. 404. Judicial review.
Sec. 405. Conforming amendments.
Sec. 406. Effective date.
              Subtitle B--Deportation of Alien Terrorists

Sec. 411. Removal of alien terrorists.
            Subtitle C--Penalties for Engaging in Terrorism

Sec. 421. Providing material support to terrorism.
Sec. 422. Sentencing guidelines increase for terrorist crimes.
Sec. 423. Extension of the statute of limitations for certain terrorism 
                            offenses.
Sec. 424. Enhanced penalties for certain offenses.
Sec. 425. Implementation of the 1988 Protocol for the Suppression of 
                            Unlawful Acts of Violence at Airports 
                            Serving International Civil Aviation.
Sec. 426. Amendment to Federal Aviation Act.
Sec. 427. Offenses of violence against maritime navigation or fixed 
                            platforms.
Sec. 428. Weapons of mass destruction.
Sec. 429. National task force on counterterrorism.
Sec. 430. Death penalty for death caused by the use of a bomb or other 
                            destructive device.
              TITLE V--CRIMINAL ALIENS AND ALIEN SMUGGLING

               Subtitle A--Deportation of Criminal Aliens

Sec. 501. Expediting criminal alien deportation and exclusion.
Sec. 502. Authorizing registration of aliens on criminal probation or 
                            criminal parole.
Sec. 503. Expansion in definition of ``aggravated felony''.
Sec. 504. Deportation procedures for certain criminal aliens who are 
                            not permanent residents.
Sec. 505. Judicial deportation.
Sec. 506. Restricting defenses to deportation for certain criminal 
                            aliens.
Sec. 507. Enhancing penalties for failing to depart, or reentering, 
                            after final order of deportation.
Sec. 508. Miscellaneous and technical changes.
Sec. 509. Authorization of appropriations for criminal alien 
                            information system.
        Subtitle B--Prevention and Punishment of Alien Smuggling

Sec. 511. Border patrol agents.
Sec. 512. Border patrol investigators.
Sec. 513. Including alien smuggling as a racketeering activity for 
                            purposes of racketeering influenced and 
                            corrupt organizations (RICO) enforcement 
                            authority.
Sec. 514. Enhanced penalties for employers who knowingly employ 
                            smuggled aliens.
Sec. 515. Enhanced penalties for certain alien smuggling.
Sec. 516. Expanded forfeiture for smuggling or harboring illegal 
                            aliens.
               TITLE VI--TAKING CRIMINALS OFF THE STREET

                 Subtitle A--Expanding Prison Capacity

Sec. 601. Use of private activity bonds.
Sec. 602. Federal-State partnerships for regional prisons.
Sec. 603. Non-applicability of Davis-Bacon to prison construction.
                       Subtitle B--Miscellaneous

Sec. 611. Restricted Federal court jurisdiction in imposing remedies on 
                            State and Federal prison systems.
                  TITLE VII--PUNISHMENT AND DETERRENCE

                      Subtitle A--Capital Offenses

Sec. 701. Procedures for enforcing death penalty.
Sec. 702. Equal Justice Act.
Sec. 703. Prohibition of racially discriminatory policies concerning 
                            capital punishment or other penalties.
Sec. 704. Federal capital cases.
Sec. 705. Extension of protection of civil rights statutes.
Sec. 706. Federal death penalties.
Sec. 707. Conforming and technical amendments.
             Subtitle B--Violent Felonies and Drug Offenses

Sec. 711. Drug testing of Federal offenders on post-conviction release.
Sec. 712. Life imprisonment or death penalty for third Federal violent 
                            felony conviction.
Sec. 713. Strengthening the Armed Career Criminals Act.
Sec. 714. Enhanced penalty for use of semiautomatic firearm during a 
                            crime of violence or drug trafficking 
                            offense.
Sec. 715. Mandatory penalties for firearms possession by violent felons 
                            and serious drug offenders.
Sec. 716. Mandatory minimum sentence for unlawful possession of a 
                            firearm by convicted felon, fugitive from 
                            justice, or transferor or receiver of 
                            stolen firearm.
Sec. 717. Increase in general penalty for violation of Federal firearms 
                            laws.
Sec. 718. Increase in enhanced penalties for possession of firearm in 
                            connection with crime of violence or drug 
                            trafficking crime.
Sec. 719. Smuggling firearms in aid of drug trafficking or violent 
                            crime.
Sec. 720. Definition of conviction under chapter 44.
Sec. 721. Definition of serious drug offense under the Armed Career 
                            Criminal Act.
Sec. 722. Definition of burglary under the Armed Career Criminal Act.
Sec. 723. Temporary prohibition against possession of a firearm by, or 
                            transfer of a firearm to, persons convicted 
                            of a drug crime.
    Subtitle C--Enhanced Penalties for Criminal Use of Firearms and 
                               Explosives

         Chapter 1--Instant Check System for Handgun Purchases

Sec. 731. Definitions.
Sec. 732. State instant criminal check systems for handgun purchases.
Sec. 733. Amendment of chapter 44 of title 18, United States Code.
Sec. 734. Establishment and operation of criminal history system.
Sec. 735. Operation of system for purpose of screening handgun 
                            purchasers.
Sec. 736. Improvement of criminal justice records.
Sec. 737. Access to State criminal records.
Sec. 738. Improvements in State records.
Sec. 739. Funding of State criminal records systems and dedication of 
                            funds.
Sec. 740. Authorization of appropriations.
                  Chapter 2--Other Firearms Provisions

Sec. 741. Increased penalty for interstate gun trafficking.
Sec. 742. Prohibition against transactions involving stolen firearms 
                            which have moved in interstate or foreign 
                            commerce.
Sec. 743. Enhanced penalties for use of firearms in connection with 
                            counterfeiting or forgery.
Sec. 744. Increased penalty for knowingly false, material Statement in 
                            firearm purchase from licensed dealer.
Sec. 745. Revocation of supervised release for possession of a firearm 
                            in violation of release condition.
Sec. 746. Receipt of firearms by nonresident.
Sec. 747. Disposition of forfeited firearms.
Sec. 748. Conspiracy to violate Federal firearms or explosives laws.
Sec. 749. Theft of firearms or explosives from licensee.
Sec. 750. Penalties for theft of firearms or explosives.
Sec. 751. Prohibition against disposing of explosives to prohibited 
                            persons.
Sec. 752. Prohibition against theft of firearms or explosives.
Sec. 753. Increased penalty for second offense of using an explosive to 
                            commit a felony.
Sec. 754. Possession of explosives by felons and others.
Sec. 755. Possession of explosives during the commission of a felony.
Sec. 756. Summary destruction of explosives subject to forfeiture.
Sec. 757. Elimination of outmoded parole language.
                       Subtitle D--Miscellaneous

Sec. 761. Increased penalties for travel act crimes involving violence 
                            and conspiracy to commit contract killings.
Sec. 762. Criminal offense for failing to obey an order to land a 
                            private aircraft.
Sec. 763. Amendment to the Mansfield amendment to permit maritime law 
                            enforcement operations in archipelagic 
                            waters.
Sec. 764. Enhancement of penalties for drug trafficking in prisons.
Sec. 765. Removal of tv broadcast license contingent on broadcast of 
                            public service announcements regarding drug 
                            abuse.
      TITLE VIII--ELIMINATION OF DELAYS IN CARRYING OUT SENTENCES.

  Subtitle A--Post Conviction Petitions: General Habeas Corpus Reform.

Sec. 801. Period of limitation for filing writ of habeas corpus 
                            following final judgment of a State court.
Sec. 802. Authority of appellate judges to issue certificates of 
                            probable cause for appeal in habeas corpus 
                            and Federal collateral relief proceedings.
Sec. 803. Conforming amendment to the rules of appellate procedure.
Sec. 804. Discretion to deny habeas corpus application despite failure 
                            to exhaust State remedies.
Sec. 805. Period of limitation for Federal prisoners filing for 
                            collateral remedy.
 Subtitle B--Special Procedures for Collateral Proceedings in Capital 
                                 Cases.

Sec. 811. Death penalty litigation procedures.
 Subtitle C--Funding for Litigation of Federal Habeas Corpus Petitions 
                           in Capital Cases.

Sec. 821. Funding for death penalty prosecutions.
                      TITLE IX--PUBLIC CORRUPTION

Sec. 901. Offenses.
Sec. 902. Interstate commerce.
Sec. 903. Narcotics-related public corruption.
                            TITLE X--FUNDING

Sec. 1001. Reduction in overhead costs incurred in federally sponsored 
                            research.
Sec. 1002. Overhead expense reduction.

      TITLE I--PROTECTION OF NEIGHBORHOODS, FAMILIES, AND CHILDREN

                        Subtitle A--Safe Schools

SEC. 101. INCREASED PENALTIES FOR DRUG TRAFFICKING NEAR SCHOOLS.

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

SEC. 102. FEDERAL SAFE SCHOOL DISTRICTS.

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

SEC. 103. ENHANCED PENALTY FOR VIOLATION OF THE GUN-FREE SCHOOL ZONES 
              ACT.

    (a) In General.--Section 924(a)(4) of title 18, United States Code, 
is amended--
            (1) by striking ``not more than 5 years'' the 1st place 
        such term appears and inserting ``not less than 5 years and not 
        more than 10 years''; and
            (2) by striking the 3rd sentence.
    (b) Technical Amendment.--Section 924(a)(1)(B) of such title is 
amended by striking ``(q)'' and inserting ``(r)''.

                    Subtitle B--Secure Neighborhoods

SEC. 111. ENHANCED LOCAL LAW ENFORCEMENT.

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

                  ``PART Q--COPS ON THE STREET GRANTS

``SEC. 1701. GRANT AUTHORIZATION.

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

``SEC. 1702. APPLICATION.

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

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

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

``SEC. 1704. SELECTION OF RECIPIENTS.

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

``SEC. 1705. REPORTS.

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

``SEC. 1706. DEFINITION.

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

          ``Part Q--Community Policing; Cop on the Beat Grants

``Sec. 1701. Grant authorization.
``Sec. 1702. Application.
``Sec. 1703. Allocation of funds; limitation on grants.
``Sec. 1704. Award of grants.
``Sec. 1705. Reports.
``Sec. 1706. Definitions.
             ``Part R--Transition; Effective Date; Repealer

``Sec. 1801. Continuation of rules, authorities, and proceedings.''.

SEC. 112. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 113. COMMUNITY POLICING GRANTS.

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

                  ``PART R--COMMUNITY POLICING GRANTS

``SEC. 1801. GRANT AUTHORIZATION.

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

``SEC. 1802. APPLICATION.

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

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

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

``SEC. 1804. AWARD OF GRANTS.

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

``SEC. 1805. REPORTS.

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

``SEC. 1806. DEFINITIONS.

    ``In this part--
            ```community group' means a community-based nonprofit 
        organization that has a primary purpose of crime prevention.
            ```Director' means the Director of the Bureau of Justice 
        Assistance.''.
    (b) Technical Amendment.--The table of contents of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et 
seq.), as amended by section 112(b), is amended by striking the matter 
relating to part R and inserting the following:

                  ``Part R--Community Policing Grants

``Sec. 1801. Grant authorization.
``Sec. 1802. Application.
``Sec. 1803. Allocation of funds; limitations on grants.
``Sec. 1804. Award of grants.
``Sec. 1805. Reports.
``Sec. 1806. Definitions.
             ``Part S--Transition; Effective Date; Repealer

``Sec. 1901. Continuation of rules, authorities, and proceedings.''.
    (c) Authorization of Appropriations.--Section 1001(a) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3793(a)), as amended by section 112(c), is amended--
            (1) in paragraph (3) by striking ``and Q'' and inserting 
        ``Q and R''; and
            (2) by adding at the end the following new paragraph:
    ``(13) There are authorized to be appropriated $70,000,000 for each 
of the fiscal years 1994 through 1998.''.

SEC. 114. CRIMINAL STREET GANGS OFFENSES.

    (a) Offense.--Title 18, United States Code, is amended by inserting 
after chapter 93 the following:

  ``CHAPTER 94--PROHIBITED PARTICIPATION IN CRIMINAL STREET GANGS AND 
                               GANG CRIME

``Sec.
``1930. Prohibited activity.
``1931. Penalties.
``1932. Investigative authority.
``Sec. 1930. Prohibited activity
    ``(a) Definitions.--As used in this chapter--
            ``(1) the term `predicate gang crime' means--
                    ``(A) any act or threat, or attempted act or 
                threat, which is chargeable under Federal or State law 
                and punishable by imprisonment for more than 1 year, 
                involving murder, assault, kidnapping, robbery, 
                extortion, burglary, arson, property damage or 
                destruction, obstruction of justice, tampering with or 
                retaliating against a witness, victim, or informant, or 
                manufacturing, importing, receiving, concealing, 
                purchasing, selling, possessing, or otherwise dealing 
                in a controlled substance or controlled substance 
                analogue (as those terms are defined in section 102 of 
                the Controlled Substances Act (21 U.S.C. 802));
                    ``(B) any act, punishable by imprisonment for more 
                than 1 year, which is indictable under any of the 
                following provisions of title 18, United States Code: 
                sections 922 and 924(a)(2), (b), (c), (g), or (h) 
                (relating to receipt, possession, and transfer of 
                firearms); section 1503 (relating to obstruction of 
                justice); section 1510 (relating to obstruction of 
                criminal investigations); section 1512 (relating to 
                tampering with a witness, victim, or informant); 
                section 1513 (relating to retaliating against a 
                witness, victim, or informant); or
                    ``(C) any act indictable under subsection (b)(5) of 
                this section;
            ``(2) the term `criminal street gang' means any 
        organization, or group, of 5 or more individuals, whether 
        formal or informal, who act in concert, or agree to act in 
        concert, for a period in excess of 30 days, with a purpose that 
        any of those individuals alone, or in any combination, commit 
        or will commit, 2 or more predicate gang crimes, one of which 
        must occur after the enactment of this chapter and the last of 
        which occurred within 10 years (excluding any period of 
        imprisonment) after the commission of a prior predicate gang 
        crime;
            ``(3) the term `participate in a criminal street gang' 
        means to act in concert with a criminal street gang with intent 
        to commit, or that any other individual associated with the 
        criminal street gang will commit, 1 or more predicate gang 
        crimes; and
            ``(4) the term `State' means a State of the United States, 
        the District of Columbia, and any commonwealth, territory, or 
        possession of the United States.
    ``(b) Unlawful Acts.--It shall be unlawful--
            ``(1) to commit, or to attempt to commit, a predicate gang 
        crime with intent to promote or further the activities of a 
        criminal street gang or for the purpose of gaining entrance to 
        or maintaining or increasing position in such a gang;
            ``(2) to participate, or attempt to participate, in a 
        criminal street gang, or conspire to do so;
            ``(3) to command, counsel, persuade, induce, entice, or 
        coerce any individual to participate in a criminal street gang;
            ``(4) to employ, use, command, counsel, persuade, induce, 
        entice, or coerce any individual to commit, cause to commit, or 
        facilitate the commission of, a predicate gang crime, with 
        intent to promote the activities of a criminal street gang or 
        for the purpose of gaining entrance to or maintaining or 
        increasing position in such a gang; or
            ``(5) to use any communication facility, as defined in 
        section 403(b) of the Controlled Substances Act (21 U.S.C. 
        843(b)), in causing or facilitating the commission, or 
        attempted commission, of a predicate gang crime with intent to 
        promote or further the activities of a criminal street gang or 
        for the purpose of gaining entrance to or maintaining or 
        increasing position in such a gang. Each separate use of a 
        communication facility shall be a separate offense under this 
        subsection.
``Sec. 1931. Penalties
    ``(a) Penalties of Up To 20 Years or Life Imprisonment.--Any person 
who violates section 1930(b) (1) or (2) shall be punished by 
imprisonment for not more than 20 years, or by imprisonment for any 
term of years or for life if the violation is based on a predicate gang 
crime for which the maximum penalty includes life imprisonment, and if 
any person commits such a violation after 1 or more prior convictions 
for such a predicate gang crime, that is not part of the instant 
violation, such person shall be sentenced to a term of imprisonment 
which shall not be less than 10 years and which may be for any term of 
years exceeding 10 years or for life.
    ``(b) Penalties Between 5 and 10 Years.--Any person who violates 
section 1930 (b)(3) or (b)(4) shall be sentenced to imprisonment for 
not less than 5 and not more than 10 years, and if the individual who 
was the subject of the act was less than 18 years of age, such person 
shall be imprisoned for 10 years. A term of imprisonment under this 
subsection shall run consecutively to any other term of imprisonment, 
including that imposed for any other violation of this chapter.
    ``(c) Penalties of Up To 5 Years.--Any person who violates section 
1930(b)(5) shall be punished by imprisonment for not more than 5 years.
    ``(d) Additional Penalties.--In addition to the other penalties set 
forth in this section--
            ``(1) any person who violates section 1930(b) (1) or (2), 1 
        of whose predicate gang crimes involves murder or conspiracy to 
        commit murder which results in the taking of a life, and who 
        commits, counsels, commands, induces, procures, or causes that 
        murder, shall be punished by death or by imprisonment for life;
            ``(2) any person who violates section 1930(b) (1) or (2), 1 
        of whose predicate gang crimes involves attempted murder or 
        conspiracy to commit murder, shall be sentenced to a term of 
        imprisonment which shall not be less than 20 years and which 
        may be for any term of years exceeding 20 years or for life; 
        and
            ``(3) any person who violates section 1930(b) (1) or (2), 
        and who at the time of the offense occupied a position of 
        organizer or supervisor, or other position of management in 
        that street gang, shall be sentenced to a term of imprisonment 
        which shall not be less than 15 years and which may be for any 
        term of years exceeding 15 years or for life.
For purposes of paragraph (3) of this subsection, if it is shown that 
the defendant counseled, commanded, induced, or procured 5 or more 
individuals to participate in a street gang, there shall be a 
rebuttable presumption that the defendant occupied a position of 
organizer or supervisor, or other position of management in the gang.
    ``(e) Forfeiture.--Whoever violates section 1930(b) (1) or (2) 
shall, in addition to any other penalty and irrespective of any 
provision of State law, forfeit to the United States--
            ``(1) any property constituting, or derived from, any 
        proceeds the person obtained, directly or indirectly, as a 
        result of the violation; and
            ``(2) any property used, or intended to be used, in any 
        manner or part, to commit, or to facilitate the commission of, 
        the violation.
The provisions of section 413(b), (c), and (e) through (p) of the 
Controlled Substances Act (21 U.S.C. 853(b), (c), and (e) through (p)) 
shall apply to a forfeiture under this section.
``Sec. 1932. Investigative authority
    ``The Attorney General and the Secretary of the Treasury shall have 
the authority to investigate offenses under this chapter. This 
authority shall be exercised in accordance with an agreement which 
shall be entered into by the Attorney General and the Secretary of the 
Treasury.''.
    (b) Clerical Amendment.--The table of chapters for part I of title 
18, United States Code, is amended by inserting after the item for 
chapter 93 the following:

``94. Prohibited participation in criminal street gangs and     1930''.
                            gang crimes.
    (c) Sentencing Guidelines Increase for Gang Crimes.--The United 
States Sentencing Commission shall at the earliest opportunity amend 
the sentencing guidelines to increase by at least 4 levels the base 
offense level for any felony committed for the purpose of gaining 
entrance into, or maintaining or increasing position in, a criminal 
street gang. For purposes of this subsection, ``criminal street gang'' 
means any organization, or group, of 5 or more individuals, whether 
formal or informal, who act in concert, or agree to act in concert, for 
a period in excess of 30 days, with the intent that any of those 
individuals alone, or in any combination, commit or will commit, 2 or 
more acts punishable under State or Federal law by imprisonment for 
more than 1 year.

SEC. 115. DRIVE-BY SHOOTINGS.

    (a) Offense.--Chapter 44 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 931. Drive-by shootings
    ``(a) Whoever knowingly discharges a firearm at a person--
            ``(1) in the course of or in furtherance of drug 
        trafficking activity; or
            ``(2) from a motor vehicle;
shall be punished by imprisonment for up to 25 years, and if death 
results shall be punished by death or by imprisonment for any term of 
years or for life.
    ``(b) For purposes of this section, the term `drug trafficking 
activity' means a drug trafficking crime as defined in section 
929(a)(2) of this title, or a pattern or series of acts involving one 
or more drug trafficking crimes.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 44 of title 18, United States Code, is amended by adding at the 
end the following:

``931. Drive-by shootings.''.

SEC. 116. ADDITION OF ANTI-GANG BYRNE GRANT FUNDING OBJECTIVE.

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

SEC. 117. INCREASED PENALTIES FOR DRUG TRAFFICKING NEAR PUBLIC HOUSING.

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

                  Subtitle C--Crimes Against Children

SEC. 131. DEATH PENALTY FOR MURDER DURING THE SEXUAL EXPLOITATION OF 
              CHILDREN.

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

SEC. 132. INCREASED PENALTIES FOR SEX OFFENSES AGAINST VICTIMS BELOW 
              THE AGE OF 16.

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

SEC. 133. PENALTIES FOR INTERNATIONAL TRAFFICKING IN CHILD PORNOGRAPHY.

    (a) Import Related Offense.--Chapter 110 of title 18, United States 
Code, is amended by adding at the end the following:
``Sec. 2258. Production of sexually explicit depictions of a minor for 
              importation into the United States
    ``(a) Any person who, outside the United States, employs, uses, 
persuades, induces, entices, or coerces any minor to engage in, or who 
has a minor assist any other person to engage in, or who transports any 
minor with the intent that such minor engage in any sexually explicit 
conduct for the purpose of producing any visual depiction of such 
conduct, shall be punished as provided under subsection (c), if such 
person intends, knows, or has reason to know that such visual depiction 
will be imported into the United States or into waters within a 
distance of 12 miles of the coast of the United States.
    ``(b) Whoever, outside the United States, knowingly receives, 
transports, ships, distributes, sells, or possesses with intent to 
transport, ship, sell, or distribute any visual depiction of a minor 
engaging in sexually explicit conduct if the production of such visual 
depiction involved the use of a minor engaging in sexually explicit 
conduct, shall be published as provided under subsection (c), if such 
person intends, knows, or has reason to know that such visual depiction 
will be imported into the United States or into waters within a 
distance of 12 miles of the coast of the United States.
    ``(c) Any individual who violates this section, or conspires or 
attempts to do so, shall be fined under this title, or imprisoned not 
more than 10 years, or both, but, if such individual has a prior 
conviction under this chapter or chapter 109A of this title, such 
individual shall be fined according to the provisions of this title, or 
imprisoned not less than five years nor more than 15 years, or both.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 110 of title 18, United States Code, is amended by adding at 
the end the following:

``2258. Production of sexually explicit depictions of a minor for 
                            importation into the United States''.''
    (c) Technical Amendment.--Section 2251(d) of title 18, United 
States Code, is amended--
            (1) by striking ``not more than $100,000'' and inserting 
        ``under this title'';
            (2) by striking ``not more than $200,000'' and inserting 
        ``under this title''; and
            (3) by striking ``not more than $250,000'' and inserting 
        ``under this title''.
    (d) Section 2251 Penalty Enhancement.--Section 2251(d) of title 18, 
United States Code, is amended by striking ``this section'' the second 
place it appears and inserting ``this chapter or chapter 109A of this 
title''.
    (e) Section 2252 Penalty Enhancement.--Section 2252(b)(1) of title 
18, United States Code, is amended by striking ``this section'' and 
inserting ``this chapter or chapter 109A of this title''.
    (f) Conspiracy and Attempt.--Sections 2251(d) and 2252(b) of title 
18, United States Code, are each amended by inserting ``, or attempts 
or conspires to do so,'' after ``violates'' each place it appears.
    (g) RICO Amendment.--Section 1961(l) of title 18, United States 
Code, is amended by striking ``2251-2252'' and inserting ``2251, 2252, 
or 2258''.
    (h) Transportation of Minors.--Section 2423 of title 18, United 
States Code, is amended--
            (1) by inserting ``(a)'' before ``Whoever''; and
            (2) by adding at the end the following:
    ``(b) Whoever travels in interstate or foreign commerce, or 
conspires to do so, for the purpose of engaging in any sexual act (as 
the term `sexual act' is defined in section 2245 of this title) with a 
person under 18 years of age which would be in violation of chapter 
109A of this title if such sexual act occurred in the special maritime 
and territorial jurisdiction of the United States,'' after 
``offense,''.

SEC. 134. STATE LEGISLATION REGARDING CHILD PORNOGRAPHY.

    (a) In General.--Not later than the end of the 18th month beginning 
after the date of the enactment of this Act, each State shall enact 
legislation complying with guidelines established under subsection (b), 
and maintain such legislation in effect thereafter. Compliance with the 
preceding sentence shall be a condition to the receipt by a State of 
any grant, cooperative agreement, or other assistance under--
            (1) section 1404 of the Victims of Crime Act (42 U.S.C. 
        10603); and
            (2) the Child Abuse Prevention and Treatment Act (42 U.S.C. 
        1501 et seq.).
    (b) Guidelines.--The Attorney General shall establish guidelines 
for State legislation prohibiting the production, distribution, 
receipt, or possession of materials depicting a person under 18 years 
of age engaging in sexually explicit conduct and providing for a 
maximum imprisonment of at least one year and for the forfeiture of 
assets used in the commission or support of, or gained from, such 
offenses.

SEC. 135. NATIONAL REGISTRATION OF CONVICTED CHILD ABUSERS.

    (a) States To Register Persons Convicted of Offenses Against 
Children.--
            (1) In general.--Each State shall establish and maintain a 
        registration program under this section requiring persons 
        convicted of a criminal offense against a victim who is a child 
        to register a current address and other information that the 
        Attorney General deems relevant, with a designated State law 
        enforcement agency for 10 years after being released from 
        prison or otherwise being freed from detention after the 
        conviction becomes final.
            (2) Attorney general to establish guidelines.--The Attorney 
        General shall establish guidelines for State registration 
        programs under this section.
            (3) Mandatory elements of guidelines.--Such guidelines 
        shall include provision for--
                    (A) a requirement that the State obtain the 
                fingerprints, physical description, and current 
                photographs of each registered person;
                    (B) annual updating of the information contained in 
                the registry by each registered person; and
                    (C) criminal penalties for failing to comply with 
                the registration requirements.
    (b) States To Report.--
            (1) In general.--Each State shall report to the Attorney 
        General, in such form and manner as the Attorney General shall 
        prescribe--
                    (A) information about each conviction for a 
                criminal offense against a victim who is a child; and
                    (B) the information on the registry that State is 
                required to establish and maintain under subsection 
                (a).
            (2) Annual summary of convictions.--The Attorney General 
        shall publish an annual summary of convictions for offenses 
        involving the physical, psychological, or emotional injuring, 
        sexual abuse or exploitation, neglectful treatment, or 
        maltreatment, of children, based on information reported under 
        this section.
    (c) Sanction for Noncompliance by State.--If a State fails to 
comply with an obligation under subsection (a) or (b) during the period 
that begins 3 years after the date of the enactment of this Act, the 
allocation of funds under section 506 of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3756) shall be reduced 
by 25 percent, and the unallocated funds shall be reallocated to the 
States complying with those obligations.
    (d) Background Checks.--
            (1) In general.--A State may permit qualified entities to 
        obtain from an authorized agency of the State a nationwide 
        background check for the purpose of determining whether there 
        is a report that a provider has been convicted of a background 
        check crime.
            (2) Attorney general to provide information.--The Attorney 
        General, in accordance with such rules and subject to such 
        conditions as the Attorney General shall prescribe, shall 
        provide to authorized agencies of States information possessed 
        by the Department of Justice that would enable the agency to 
        make the background check described in paragraph (1). In making 
        such rules and setting such conditions, the Attorney General 
        shall take care to assure--
                    (A) the currency and accuracy of the information; 
                and
                    (B) that the States maintain procedures to permit 
                providers to check and correct information relating to 
                such providers.
    (e) Definitions.--As used in this Act--
            (1) the term ``child'' means a person who has not attained 
        the age of 18 years;
            (2) the term ``State'' includes the District of Columbia, 
        Puerto Rico, and any other territory or possession of the 
        United States;
            (3) the term ``authorized agency of the State'' means the 
        agency of the State the State designates to carry out the 
        background checks described in section 5;
            (4) the term ``qualified entity'' means a business or 
        organization of any sort that provides child care or child care 
        placement services, including a business or organization that 
        licenses or certifies others to provide such services;
            (5) the term ``provider'' means any person who--
                    (A) seeks or has contact with a child while that 
                child is receiving care from a qualified entity; and
                    (B) seeks employment or ownership of a qualified 
                entity; and
            (6) the term ``background check crime'' means, with respect 
        to a provider, any crime committed by that provider that, as 
        determined under rules prescribed by the Attorney General, may 
        affect the safety of children under the care of a qualified 
        entity with respect to which that provider has a relationship 
        described in paragraph (5).

SEC. 136. INCREASED PENALTIES FOR ASSAULTS AGAINST CHILDREN.

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

SEC. 137. OFFENSE OF INDUCING MINORS OR OTHER PERSONS TO USE STEROIDS.

    Section 404 of the Controlled Substances Act (21 U.S.C 844) is 
amended by inserting after subsection (a) the following new subsection:
    ``(b)(1) Whoever, being a physical trainer or adviser to a person, 
attempts to persuade or induce the person to possess or use anabolic 
steroids in violation of subsection (a), shall be fined under title 18, 
United States Code, imprisoned not more than 2 years (or if the person 
attempted to be persuaded or induced was less than 18 years of age at 
the time of the offense, 5 years), or both.
    ``(2) As used in this subsection, the term `physical trainer or 
adviser' means a professional or amateur coach, manager, trainer, 
instructor, or other such person who provides athletic or physical 
instruction, training, advice, assistance, or any other such service to 
any person.''.

SEC. 138. INCREASED PENALTIES FOR DRUG DISTRIBUTION TO PREGNANT WOMEN.

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

SEC. 139. INTERSTATE ENFORCEMENT OF CHILD SUPPORT ORDERS.

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

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

SEC. 140. CRIMES INVOLVING THE USE OF MINORS AS RICO PREDICATES.

    Paragraph (1) of section 1961 of title 18, United States Code, is 
amended--
            (1) by striking ``or'' before ``(E)''; and
            (2) by inserting before the semicolon at the end of the 
        paragraph the following: ``, or (F) any offense against the 
        United States that is punishable by imprisonment for more than 
        1 year and that involved the use of a person below the age of 
        18 years in the commission of the offense''.

SEC. 141. INCREASED PENALTIES FOR USING MINORS IN DRUG TRAFFICKING AND 
              DRUG DISTRIBUTION TO MINORS.

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

SEC. 142. INCREASED PENALTIES FOR USING A MINOR IN COMMISSION OF A 
              FEDERAL OFFENSE.

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

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

SEC. 143. INTERNATIONAL PARENTAL KIDNAPPING.

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

``1204. International parental kidnapping.''.

SEC. 144. STATE COURT PROGRAMS REGARDING INTERNATIONAL PARENTAL CHILD 
              ABDUCTION.

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

          Subtitle D--Punishment of Serious Juvenile Offenders

SEC. 151. SERIOUS JUVENILE DRUG OFFENSES AS ARMED CAREER CRIMINAL ACT 
              PREDICATES.

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

SEC. 152. ADULT PROSECUTION OF SERIOUS JUVENILE OFFENDERS.

    Section 5032 of title 18, United States Code, is amended--
            (1) in the first undesignated paragraph--
                    (A) by striking ``an offense described in section 
                401 of the Controlled Substances Act (21 U.S.C 841), or 
                section 1002(a), 1003, 1005, 1009, or 1010(b)(1), (2), 
                or (3) of the Controlled Substances Import and Export 
                Act (21 U.S.C. 952(a), 953, 955, 959, 960(b)(1), (2), 
                (3)),'' and inserting ``an offense (or a conspiracy or 
                attempt to commit an offense) described in section 401, 
                or 404 (insofar as the violation involves more than 5 
                grams of a mixture or substance which contains cocaine 
                base), of the Controlled Substances Act (21 U.S.C. 841, 
                844, or 846), section 1002(a), 1003, 1005, 1009, 
                1010(b)(1), (2), or (3), of the Controlled Substances 
                Import and Export Act (21 U.S.C. 952(a), 953, 955, 959, 
                960(b)(1), (2), or (3), or 963),''; and
                    (B) by striking ``922(p)'' and inserting ``924(b), 
                (g), or (h)'';
            (2) in the fourth undesignated paragraph--
                    (A) by striking ``an offense described in section 
                401 of the Controlled Substances Act (21 U.S.C. 841), 
                or section 1002(a), 1005, or 1009 of the Controlled 
                Substances Import and Export Act (21 U.S.C. 952(a), 
                955, 959)'' and inserting ``an offense (or a conspiracy 
                or attempt to commit an offense) described in section 
                401, or 404 (insofar as the violation involves more 
                than 5 grams of a mixture or substance which contains 
                cocaine base), of the Controlled Substances Act (21 
                U.S.C. 841, 844, or 846), section 1002(a), 1005, 1009, 
                1010(b)(1), (2), or (3), of the Controlled Substances 
                Import and Export Act (21 U.S.C. 952(a), 955, 959, 
                960(b)(1), (2), or (3), or 963), or section 924(b), 
                (g), or (h) of this title,''; and
                    (B) by striking ``subsection (b)(1)(A), (B), or 
                (C), (d), or (e) of section 401 of the Controlled 
                Substances Act, or section 1002(a), 1003, 1009, or 
                1010(b)(1), (2), or (3) of the Controlled Substances 
                Import and Export Act (21 U.S.C. 952(a), 953, 959, 
                960(b)(1), (2), (3))'' and inserting ``or an offense 
                (or conspiracy or attempt to commit an offense) 
                described in section 401(b)(1)(A), (B), or (C), (d), or 
                (e), or 404 (insofar as the violation involves more 
                than 5 grams of a mixture or substance which contains 
                cocaine base), of the Controlled Substances Act (21 
                U.S.C. 841(b)(1)(A), (B), or (C), (d), or (e), 844, or 
                846) or section 1002(a), 1003, 1009, 1010(b)(1), (2), 
                or (3) of the Controlled Substances Import and Export 
                Act (21 U.S.C. 952(a), 953, 959, 960(b)(1), (2), or 
                (3), or 963)''; and
            (3) in the fifth undesignated paragraph by adding at the 
        end the following: ``In considering the nature of the offense, 
        as required by this paragraph, the court shall consider the 
        extent to which the juvenile played a leadership role in an 
        organization, or otherwise influenced other persons to take 
        part in criminal activities, involving the use or distribution 
        of controlled substances or firearms. Such a factor, if found 
        to exist, shall weigh heavily in favor of a transfer to adult 
        status, but the absence of this factor shall not preclude such 
        a transfer.''.

SEC. 153. AMENDMENTS CONCERNING RECORDS OF CRIMES COMMITTED BY 
              JUVENILES.

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

                 TITLE II--EQUAL PROTECTION FOR VICTIMS

                      Subtitle A--Victims' Rights

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

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

    ``RULES OF PROFESSIONAL CONDUCT FOR LAWYERS IN FEDERAL PRACTICE

``Rule 1. Scope
``Rule 2. Abuse of Victims and Others Prohibited
``Rule 3. Duty of Enquiry in Relation to Client
``Rule 4. Duty to Expedite Litigation
``Rule 5. Duty to Prevent Commission of Crime

``Rule 1. Scope

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

``Rule 2. Abuse of Victims and Others Prohibited

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

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

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

``Rule 4. Duty to Expedite Litigation

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

``Rule 5. Duty to Prevent Commission of Crime

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

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

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

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

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

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

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

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

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

                 Subtitle B--Admissibility of Evidence

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 214. ADMISSIBILITY OF CERTAIN EVIDENCE.

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

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

      Subtitle C--Protecting the Integrity of the Judicial Process

SEC. 221. GENERAL SAFEGUARDS AGAINST RACIAL PREJUDICE OR BIAS IN THE 
              TRIBUNAL.

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

SEC. 222. PROTECTION OF JURORS AND WITNESSES IN CAPITAL CASES.

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

SEC. 223. PROTECTION OF COURT OFFICERS AND JURORS.

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

SEC. 224. DEATH PENALTY FOR MURDER OF FEDERAL WITNESSES.

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

                     TITLE III--PROTECTION OF WOMEN

                 Subtitle A--Spouse Abuse and Stalking

SEC. 301. INTERSTATE TRAVEL TO COMMIT SPOUSE ABUSE OR TO VIOLATE 
              PROTECTIVE ORDER; INTERSTATE STALKING.

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

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

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

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

SEC. 302. FULL FAITH AND CREDIT FOR PROTECTIVE ORDERS.

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

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

                 Subtitle B--Victims of Sexual Violence

SEC. 311. CIVIL REMEDY FOR VICTIMS OF SEXUAL VIOLENCE.

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

SEC. 312. EXTENSION AND STRENGTHENING OF RESTITUTION.

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

SEC. 313. PRE-TRIAL DETENTION IN SEX OFFENSE CASES.

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

                Subtitle C--Punishment of Sex Offenders

SEC. 321. DEATH PENALTY FOR RAPE AND CHILD MOLESTATION MURDERS.

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

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

SEC. 322. INCREASED PENALTIES FOR RECIDIVIST SEX OFFENDERS.

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

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

SEC. 323. SENTENCING GUIDELINES INCREASE FOR SEX OFFENSES.

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

SEC. 324. HIV TESTING AND PENALTY ENHANCEMENT IN SEXUAL OFFENSE CASES.

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

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

                   TITLE IV--PREVENTION OF TERRORISM

     Subtitle A--Enhanced Controls on Entry into the United States

SEC. 401. EXCLUSION BASED ON MEMBERSHIP IN TERRORIST ORGANIZATION OF 
              ADVOCACY OF TERRORISM.

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

SEC. 402. ADMISSIONS FRAUD.

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

SEC. 403. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS.

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

SEC. 404. JUDICIAL REVIEW.

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

SEC. 405. CONFORMING AMENDMENTS.

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

SEC. 406. EFFECTIVE DATE.

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

              Subtitle B--Deportation of Alien Terrorists

SEC. 411. REMOVAL OF ALIEN TERRORISTS.

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

                     ``removal of alien terrorists

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

            Subtitle C--Penalties for Engaging in Terrorism

SEC. 421. PROVIDING MATERIAL SUPPORT TO TERRORISM.

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

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

SEC. 422. SENTENCING GUIDELINES INCREASE FOR TERRORIST CRIMES.

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

SEC. 423. EXTENSION OF THE STATUTE OF LIMITATIONS FOR CERTAIN TERRORISM 
              OFFENSES.

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

``3285. Criminal contempt.''
the following:

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

SEC. 424. ENHANCED PENALTIES FOR CERTAIN OFFENSES.

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

SEC. 425. IMPLEMENTATION OF THE 1988 PROTOCOL FOR THE SUPPRESSION OF 
              UNLAWFUL ACTS OF VIOLENCE AT AIRPORTS SERVING 
              INTERNATIONAL CIVIL AVIATION.

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

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

SEC. 426. AMENDMENT TO FEDERAL AVIATION ACT.

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

SEC. 427. OFFENSES OF VIOLENCE AGAINST MARITIME NAVIGATION OR FIXED 
              PLATFORMS.

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

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

SEC. 428. WEAPONS OF MASS DESTRUCTION.

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

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

SEC. 429. NATIONAL TASK FORCE ON COUNTERTERRORISM.

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

SEC. 430. DEATH PENALTY FOR DEATH CAUSED BY THE USE OF A BOMB OR OTHER 
              DESTRUCTIVE DEVICE.

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

              TITLE V--CRIMINAL ALIENS AND ALIEN SMUGGLING

               Subtitle A--Deportation of Criminal Aliens

SEC. 501. EXPEDITING CRIMINAL ALIEN DEPORTATION AND EXCLUSION.

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

SEC. 502. AUTHORIZING REGISTRATION OF ALIENS ON CRIMINAL PROBATION OR 
              CRIMINAL PAROLE.

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

SEC. 503. EXPANSION IN DEFINITION OF ``AGGRAVATED FELONY''.

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

SEC. 504. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO ARE 
              NOT PERMANENT RESIDENTS.

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

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

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

SEC. 505. JUDICIAL DEPORTATION.

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

SEC. 506. RESTRICTING DEFENSES TO DEPORTATION FOR CERTAIN CRIMINAL 
              ALIENS.

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

SEC. 507. ENHANCING PENALTIES FOR FAILING TO DEPART, OR REENTERING, 
              AFTER FINAL ORDER OF DEPORTATION.

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

SEC. 508. MISCELLANEOUS AND TECHNICAL CHANGES.

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

SEC. 509. AUTHORIZATION OF APPROPRIATIONS FOR CRIMINAL ALIEN 
              INFORMATION SYSTEM.

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

        Subtitle B--Prevention and Punishment of Alien Smuggling

SECTION 511. BORDER PATROL AGENTS.

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

SEC. 512. BORDER PATROL INVESTIGATORS.

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

SEC. 513. INCLUDING ALIEN SMUGGLING AS A RACKETEERING ACTIVITY FOR 
              PURPOSES OF RACKETEERING INFLUENCED AND CORRUPT 
              ORGANIZATIONS (RICO) ENFORCEMENT AUTHORITY.

    Section 1961(1) of title 18, United States Code, is amended--
            (1) by striking ``or'' before ``(E) any act'', and
            (2) by inserting before the period at the end the 
        following: ``, or (F) any act which is indictable under section 
        274(a)(1) of the Immigration and Nationality Act (relating to 
        alien smuggling)''.

SEC. 514. ENHANCED PENALTIES FOR EMPLOYERS WHO KNOWINGLY EMPLOY 
              SMUGGLED ALIENS.

    (a) Additional Criminal Penalty.--Section 274(a)(1) (8 U.S.C. 
1324(a)(1)) is amended--
            (1) by striking ``or'' at the end of subparagraph (C),
            (2) by striking the comma at the end of subparagraph (D) 
        and inserting ``; or'',
            (3) by inserting after subparagraph (D) the following:
            ``(E) contracts or agrees with another party for that party 
        to provide, for employment by the person or another, an alien 
        who is not authorized to be employed in the United States, 
        knowing that such party intends to cause such alien to be 
        brought into the United States in violation of the laws of the 
        United States,'', and
            (4) by striking ``five years'' and inserting ``ten years''.
    (b) Treatment of Smuggling as an Aggravated Felony.--The first 
sentence of section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended by 
inserting ``or any offense under section 274(a)'' before ``for which 
the term of imprisonment''.

SEC. 515. ENHANCED PENALTIES FOR CERTAIN ALIEN SMUGGLING.

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

SEC. 516. EXPANDED FORFEITURE FOR SMUGGLING OR HARBORING ILLEGAL 
              ALIENS.

    Subsection 274(b) of the Immigration and Nationality Act (8 U.S.C. 
1324(b)) is amended--
            (1) by amending paragraph (1) to read as follows:
    ``(b) Seizure and Forfeiture.--(1) Any property, real or personal, 
which facilitates or is intended to facilitate, or which has been used 
in or is intended to be used in the commission of a violation of 
subsection (a) or of sections 274A(a)(1) or 274A(a)(2), or which 
constitutes or is derived from or traceable to the proceeds obtained 
directly or indirectly from a commission of a violation of subsection 
(a), shall be subject to seizure and forfeiture, except that--
            ``(A) no property, used by any person as a common carrier 
        in the transaction of business as a common carrier shall be 
        forfeited under the provisions of this section unless it shall 
        appear that the owner or other person in charge of such 
        property was a consenting party or privy to the illegal act;
            ``(B) no property shall be forfeited under the provisions 
        of this section by reason of any act or omission established by 
        the owner thereof to have been committed or omitted by any 
        person other than such owner while such property was unlawfully 
        in the possession of a person other than the owner in violation 
        of the criminal laws of the United States or of any State; and
            ``(C) no property shall be forfeited under this paragraph 
        to the extent of an interest of any owner, by reason of any act 
        or omission established by that owner to have been committed or 
        omitted without the knowledge or consent of the owner, unless 
        such action or omission was committed by an employee or agent 
        of the owner, and facilitated or was intended to facilitate, or 
        was used in or intended to be used in, the commission of a 
        violation of subsection (a) or of section 274A(a)(1) or 
        274A(a)(2) which was committed by the owner or which intended 
        to further the business interests of the owner, or to confer 
        any other benefit upon the owner.''.
            (2) in paragraph (2)--
                    (A) by striking ``conveyance'' both places it 
                appears and inserting in lieu thereof ``property''; and
                    (B) by striking ``is being used in'' and inserting 
                in lieu thereof ``is being used in, is facilitating, 
                has facilitated, or was intended to facilitate'';
            (3) in paragraphs (4) and (5) by striking ``a conveyance'' 
        and ``conveyance'' each place such phrase or word appears and 
        inserting in lieu thereof ``property''; and
            (4) in paragraph (4) by--
                    (A) striking ``or'' at the end of subparagraph (C),
                    (B) by striking the period at the end of 
                subparagraph (D) and inserting ``; or'', and
                    (C) by inserting at the end the following new 
                subparagraph:
                    ``(E) transfer custody and ownership of forfeited 
                property to any Federal, State, or local agency 
                pursuant to the Tariff Act of 1930, as amended (19 
                U.S.C. 1616a(c)).''.

               TITLE VI--TAKING CRIMINALS OFF THE STREET

                 Subtitle A--Expanding Prison Capacity

SEC. 601. USE OF PRIVATE ACTIVITY BONDS.

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

SEC. 602. FEDERAL-STATE PARTNERSHIPS FOR REGIONAL PRISONS.

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

SEC. 603. NON-APPLICABILITY OF DAVIS-BACON TO PRISON CONSTRUCTION.

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

                       Subtitle B--Miscellaneous

SEC. 611. RESTRICTED FEDERAL COURT JURISDICTION IN IMPOSING REMEDIES ON 
              STATE AND FEDERAL PRISON SYSTEMS.

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

      ``CHAPTER 177--ACTIONS CHALLENGING CONDITIONS OF CONFINEMENT

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

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

                  TITLE VII--PUNISHMENT AND DETERRENCE

                      Subtitle A--Capital Offenses

SEC. 701. PROCEDURES FOR ENFORCING DEATH PENALTY.

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

                ``CHAPTER 228--DEATH PENALTY PROCEDURES

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

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

SEC. 702. EQUAL JUSTICE ACT.

    (a) Death Penalty for Civil Rights Murders.--
            (1) Conspiracy against rights.--Section 241 of title 18, 
        United States Code, is amended by striking ``shall be subject 
        to imprisonment for any term of years or for life'' and 
        inserting ``shall be punished by death or imprisonment for any 
        term of years or for life''.
            (2) Deprivation of rights under color of law.--Section 242 
        of title 18, United States Code, is amended by striking ``shall 
        be subject to imprisonment for any term of years or for life'' 
        and inserting ``shall be punished by death or imprisonment for 
        any term of years or for life''.
            (3) Federally protected activities.--Section 245(b) of 
        title 18, United States Code, is amended by striking ``shall be 
        subject to imprisonment for any term of years or for life'' and 
        inserting ``shall be punished by death or imprisonment for any 
        term of years or for life''.
            (4) Damage to religious property; obstruction of the free 
        exercise of religious rights.--Section 247(c)(1) of title 18, 
        United States Code, is amended by inserting ``the death penalty 
        or'' before ``imprisonment''.

SEC. 703. PROHIBITION OF RACIALLY DISCRIMINATORY POLICIES CONCERNING 
              CAPITAL PUNISHMENT OR OTHER PENALTIES.

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

SEC. 704. FEDERAL CAPITAL CASES.

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

SEC. 705. EXTENSION OF PROTECTION OF CIVIL RIGHTS STATUTES.

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

SEC. 706. FEDERAL DEATH PENALTIES.

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

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

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

                        ``CHAPTER 113B--TORTURE

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

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

SEC. 707. CONFORMING AND TECHNICAL AMENDMENTS.

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

             Subtitle B--Violent Felonies and Drug Offenses

SEC. 711. DRUG TESTING OF FEDERAL OFFENDERS ON POST-CONVICTION RELEASE.

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

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

SEC. 712. LIFE IMPRISONMENT OR DEATH PENALTY FOR THIRD FEDERAL VIOLENT 
              FELONY CONVICTION.

    Section 3581 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(c) Punishment of Certain Violent Felons.--
            ``(1) General rule.--Notwithstanding any other provision of 
        this title or any other law, in the case of a conviction for a 
        Federal violent felony, the court shall sentence the defendant 
        to prison for life if the defendant has previously been 
        convicted of two other violent felonies and if a death results 
        from the violent felony, the defendant shall be subject to the 
        death penalty.
            ``(2) Definition.--As used in this section the term 
        ``violent felony'' is a State or Federal crime of violence (as 
        defined in section 16 of this title)--
                    ``(A) that involves the threatened use, use, or the 
                risk of use of physical force against the person of 
                another;
                    ``(B) for which the maximum authorized imprisonment 
                exceeds one year; and
                    ``(C) which is not designated a misdemeanor by the 
                law that defines the offense.
            ``(3) Rule of construction.--This subsection shall not be 
        construed to prevent the imposition of the death penalty.''.

SEC. 713. STRENGTHENING THE ARMED CAREER CRIMINALS ACT.

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

SEC. 714. ENHANCED PENALTY FOR USE OF SEMIAUTOMATIC FIREARM DURING A 
              CRIME OF VIOLENCE OR DRUG TRAFFICKING OFFENSE.

    (a) Enhanced Penalty.--Section 924(c)(1) of title 18, United States 
Code, is amended by inserting ``, or semiautomatic firearm,'' after 
``short-barreled shotgun''.
    (b) Semiautomatic Firearm Defined.--Section 921(a) of such title is 
amended by adding at the end the following:
    ``(29) The term `semiautomatic firearm' means any repeating firearm 
which utilizes a portion of the energy of a firing cartridge to extract 
the fired cartridge case and chamber the next round, and which requires 
a separate pull of the trigger to fire each cartridge.''.

SEC. 715. MANDATORY PENALTIES FOR FIREARMS POSSESSION BY VIOLENT FELONS 
              AND SERIOUS DRUG OFFENDERS.

    (a) 1 Prior Conviction.--Section 924(a)(2) of title 18, United 
States Code, is amended by inserting ``, and if the violation is of 
section 922(g)(1) by a person who has a previous conviction for a 
violent felony (as defined in subsection (e)(2)(B) of this section) or 
a serious drug offense (as defined in subsection (e)(2)(A) of this 
section), a sentence imposed under this paragraph shall include a term 
of imprisonment of not less than five years'' before the period.
    (b) 2 Prior Convictions.--Section 924 of such title, as amended by 
sections 430 and 706(e) of this Act, is amended by adding at the end 
the following:
    ``(k)(1) Notwithstanding subsection (a)(2) of this section, any 
person who violates section 922(g) and has 2 previous convictions by 
any court referred to in section 922(g)(1) for a violent felony (as 
defined in subsection (e)(2)(B) of this section) or a serious drug 
offense (as defined in subsection (e)(2)(A) of this section) committed 
on occasions different from one another shall be fined under this 
title, imprisoned not less than 10 years and not more than 20 years, or 
both.
    ``(2) Notwithstanding any other provision of law, the court shall 
not suspend the sentence of, or grant a probationary sentence to, a 
person described in paragraph (1) of this subsection with respect to 
the conviction under section 922(g).''.

SEC. 716. MANDATORY MINIMUM SENTENCE FOR UNLAWFUL POSSESSION OF A 
              FIREARM BY CONVICTED FELON, FUGITIVE FROM JUSTICE, OR 
              TRANSFEROR OR RECEIVER OF STOLEN FIREARM.

    (a) In General.--Section 924(a) of title 18, United States Code, is 
amended--
            (1) in paragraph (1), by striking ``paragraph (2) or (3) 
        of''; and
            (2) by adding at the end the following:
    ``(5) Whoever knowingly possesses a firearm in violation of 
paragraph (1) or (2) of section 922(g), or in violation of subsection 
(i) or (j), shall be imprisoned not less than 5 years. Notwithstanding 
any other provision of law, the court shall not place on probation or 
suspend the sentence of any person convicted under this paragraph, nor 
shall the term of imprisonment imposed under this paragraph run 
concurrently with any other term of imprisonment imposed under any 
other provision of law.''.

SEC. 717. INCREASE IN GENERAL PENALTY FOR VIOLATION OF FEDERAL FIREARMS 
              LAWS.

    Section 924(a)(1) of title 18, United States Code, is amended--
            (1) by striking ``$5,000'' and inserting ``$10,000''; and
            (2) by striking ``five'' and inserting ``10''.

SEC. 718. INCREASE IN ENHANCED PENALTIES FOR POSSESSION OF FIREARM IN 
              CONNECTION WITH CRIME OF VIOLENCE OR DRUG TRAFFICKING 
              CRIME.

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

SEC. 719. SMUGGLING FIREARMS IN AID OF DRUG TRAFFICKING OR VIOLENT 
              CRIME.

    Section 924 of title 18, United States Code, as amended by sections 
430, 706(e), and 715(b) of this Act, is amended by adding at the end 
the following:
    ``(l) Whoever, with the intent to engage in or to promote conduct 
which--
            ``(1) is punishable under the Controlled Substances Act (21 
        U.S.C. 801 et seq.), the Controlled Substances Import and 
        Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law 
        Enforcement Act (46 U.S.C. App. 1901 et seq.);
            ``(2) violates any law of a State relating to any 
        controlled substance (as defined in section 102 of the 
        Controlled Substances Act (21 U.S.C. 802)); or
            ``(3) constitutes a crime of violence (as defined in 
        subsection (c)(3) of this section;
smuggles or knowingly brings into the United States a firearm, or 
attempts to do so, shall be imprisoned for not more than ten years, 
fined under this title, or both.''.

SEC. 720. DEFINITION OF CONVICTION UNDER CHAPTER 44.

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

SEC. 721. DEFINITION OF SERIOUS DRUG OFFENSE UNDER THE ARMED CAREER 
              CRIMINAL ACT.

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

SEC. 722. DEFINITION OF BURGLARY UNDER THE ARMED CAREER CRIMINAL ACT.

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

SEC. 723. TEMPORARY PROHIBITION AGAINST POSSESSION OF A FIREARM BY, OR 
              TRANSFER OF A FIREARM TO, PERSONS CONVICTED OF A DRUG 
              CRIME.

    (a) Temporary Prohibition.--Section 922 of title 18, United States 
Code, is amended by adding at the end the following:
    ``(s)(1)(A) Except as provided in paragraph (2), it shall be 
unlawful for any individual who has been convicted in any court of a 
drug crime to possess a firearm during the period described in 
subparagraph (B).
    ``(B) The period described in this subparagraph is the period that 
begins with the date the individual committed the drug crime and ends 5 
years after the most recent date (occurring after the commission of 
such crime) on which the individual has committed a drug crime or has 
violated any Federal or State law relating to firearms.
    ``(2) Paragraph (1) shall not apply with respect to convictions 
occurring on or before the date of the enactment of this subsection.
    ``(t)(1)(A) Except as provided in paragraph (2), it shall be 
unlawful for any person to transfer a firearm to any individual knowing 
or having reasonable cause to believe that the individual is under 
indictment for a drug crime.
    ``(B)(i) Except as provided in paragraph (2), it shall be unlawful 
for any person, during the period described in clause (ii), to transfer 
a firearm to any individual knowing or having reasonable cause to 
believe that the individual has been convicted in any court of a drug 
crime.
    ``(ii) The period described in this clause is the period that 
begins with the date the individual committed the drug crime and ends 5 
years after the most recent date (occurring after the commission of 
such crime) on which the individual has committed a drug crime or has 
violated any Federal or State law relating to firearms.
    ``(2) The second sentence of subsection (d) shall apply in like 
manner to paragraph (1) of this subsection.''.
    (b) Penalty.--Section 924(a)(1)(B) of such title, as amended by 
section 103(b) of this Act, is amended by striking ``or (r)'' and 
inserting ``(r), (s)(1), or (t)(1)''.
    (c) Enhanced Penalties for Possession of a Firearm During a Drug 
Crime.--Section 924 of such title, as amended by sections 430, 706(e), 
715(b), and 719 of this Act, is amended by adding at the end the 
following:
    ``(m) Whoever, during and in relation to a drug crime (including a 
drug crime which provides for an enhanced punishment if committed by 
the use of a deadly or dangerous weapon or device) for which he may be 
prosecuted in a court of the United States, possesses a firearm, in 
addition to the punishment provided for such drug crime, may be 
sentenced to imprisonment for not less than 15 days and not more than 2 
years, and shall be fined not less than $2,500 and not more than 
$10,000, and if the firearm is a machine gun, or is equipped with a 
firearm silencer or firearm muffler, shall be sentenced to imprisonment 
for 15 years. In the case of a second or subsequent conviction under 
this subsection, such person shall be sentenced to imprisonment for not 
less than 15 days and not more than 2 years, and shall be fined not 
less than $2,500 and not more than $10,000, and if the firearm is a 
machine gun, or is equipped with a firearm silencer or firearm muffler, 
shall be sentenced to imprisonment for 30 years. Notwithstanding any 
other provision of law, the court shall not place on probation or 
suspend the sentence of any person convicted of a violation of this 
subsection, nor shall the term of imprisonment imposed under this 
subsection run concurrently with any other term of imprisonment 
including that imposed for the drug crime in which the firearm was 
possessed.''.
    (d) Definition of Drug Crime.--Section 921(a) of such title, as 
amended by section 714(b) of this Act, is amended by adding at the end 
the following:
    ``(30) The term `drug crime' means any offense (other than a drug 
trafficking crime) punishable by imprisonment under--
            ``(A) any Act specified in section 924(c)(2); or
            ``(B) any State law involving the possession, distribution, 
        or manufacture of a controlled substance (as defined in section 
        102 of the Controlled Substances Act).''.

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

         Chapter 1--Instant Check System for Handgun Purchases

SEC. 731. DEFINITIONS.

    As used in this chapter:
            (1) The term ``background check crime'' means a crime 
        punishable by imprisonment for a term exceeding 1 year within 
        the meaning of section 921(a)(20) of title 18, United States 
        Code.
            (2) The term ``handgun'' has the meaning given such term in 
        section 921(a)(31) of title 18, United States Code.
            (3) The term ``licensee'' means a licensed importer, 
        licensed manufacturer, or licensed dealer, as defined in 
        paragraphs (9), (10), and (11), respectively, of section 921(a) 
        of title 18, United States Code.
            (4) The term ``State'' means a State, the District of 
        Columbia, the Commonwealth of Puerto Rico, American Samoa, the 
        Virgin Islands, Guam, and the Trust Territories of the Pacific.

SEC. 732. STATE INSTANT CRIMINAL CHECK SYSTEMS FOR HANDGUN PURCHASES.

    (a) In General.--Not later than the date that is 12 months after 
the date of the enactment of this chapter, each State shall establish 
and maintain a system that, on receipt of an inquiry from a licensee 
pursuant to section 922(u)(1)(A) of title 18, United States Code, 
immediately researches the criminal history of a prospective handgun 
transferee, advises the licensee whether its records demonstrate that 
such transferee is prohibited from receiving a handgun by reason of 
subsection (g) or (n) of section 922 of such title, and, if such 
transferee is not so prohibited, provides the licensee a unique 
identification number with respect to the transfer.
    (b) Additional Requirements.--A State instant criminal check system 
shall--
            (1) provide for the privacy and security of the information 
        contained in the system at least to the extent of the 
        protections and remedies provided in section 552a(g) of title 
        5, United States Code;
            (2) ensure that information provided to the system by a 
        licensee pursuant to section 922(u)(1)(B)(i) of title 18, 
        United States Code, is not retained in any form whatsoever, is 
        not conveyed to any person except a person who has a need to 
        know to carry out the purpose of that section, and is not used 
        for any purpose other than to carry out that section; and
            (3) provide to a prospective handgun transferee who is 
        denied receipt of a handgun on the basis of information 
        provided by the system a procedure for the correction of 
        erroneous information as otherwise set forth in this chapter.
    (c) Prohibitions on Uses of Information.--
            (1) Recordation by the government.--No record or portion 
        thereof generated by an inquiry concerning or a search of the 
        criminal history of a prospective transferee under a State 
        instant criminal check system established under subsection (a) 
        shall be recorded at or transferred to a facility owned, 
        managed, or controlled by the United States or any State or 
        political subdivision thereof.
            (2) Registration of ownership.--Neither the United States, 
        nor a State, nor any political subdivision thereof may use 
        information provided by a licensee pursuant to a State instant 
        criminal check system established under subsection (a) of this 
        section to establish any system for the registration of 
        handguns, handgun owners, or handgun transactions or 
        dispositions, except with respect to persons who are prohibited 
        from receiving a handgun by reason of subsection (g) or (n) of 
        section 922 of title 18, United States Code.

SEC. 733. AMENDMENT OF CHAPTER 44 OF TITLE 18, UNITED STATES CODE.

    (a) Definitions.--Section 921(a) of title 18, United States Code, 
as amended by sections 714(b) and 723(d) of this Act, is amended by 
adding at the end the following:
    ``(31) The term `handgun' means--
            ``(A) a firearm (other than a firearm that is a curio or 
        relic under criteria established by the Secretary by 
        regulation) that has a short stock and is designed to be held 
        and fired by the use of a single hand; and
            ``(B) any combination of parts designed and intended to be 
        assembled into such a firearm and from which such a firearm can 
        be readily assembled.''.
    (b) Identification Procedure.--Section 922 of such title, as 
amended by section 721(a) of this Act, is amended by adding at the end 
the following:
    ``(u)(1) Upon a State instant criminal check system becoming 
operational pursuant to chapter 1 of subtitle C of title VII of the 
Crime Control Act of 1993, and notice by an appropriate State official 
by certified mail to each licensee in the State that such system is 
operational, a licensed importer, licensed manufacturer, or licensed 
dealer shall not knowingly transfer a handgun from the business 
inventory of such licensee to any other person who is not licensed 
under this chapter before the completion of the transfer unless--
            ``(A) the licensee contacts the State instant criminal 
        check system; and
            ``(B)(i) the State system notifies the licensee that the 
        system has not located any record that demonstrates that the 
        receipt of a handgun by such other person would violate 
        subsection (g) or (n); or
            ``(ii) at least 8 hours have elapsed since the licensee 
        first contacted the system with respect to the transfer, and 
        the system has not notified the licensee that the information 
        available to the system demonstrates that the receipt of a 
        handgun by the person would violate subsection (g) or (n).
    ``(2) Paragraph (1) shall not apply to a handgun transfer between a 
licensee and another person if--
            ``(A) the other person presents to the licensee a valid 
        permit or license issued by the State or a political 
        subdivision of the State in which the transfer is to occur that 
        authorizes the person to purchase, possess, or carry a firearm;
            ``(B) the Secretary has, under section 5812 of the Internal 
        Revenue Code of 1986, approved the transfer;
            ``(C) the ability of the licensee to exchange information 
        with the system described in paragraph (1) is impaired for a 
        period of more than 8 hours due to natural or human disaster, 
        insurrection, riot, hurricane, other act of God, or other 
        circumstance beyond the control of the licensee; or
            ``(D) on application of the licensee, the State instant 
        criminal check system has certified that compliance with 
        paragraph (1)(B)(i) is impracticable because of the inability 
        of the licensee to communicate with the system due to the 
        remote location of the licensed premises.
    ``(3) If the State instant criminal check system notifies the 
licensee that the information available to the system does not 
demonstrate that the receipt of a handgun by the person would violate 
subsection (g) or (n), and the licensee transfers a handgun to the 
person, the licensee shall include in the record of the transfer the 
unique identification number provided by the system with respect to the 
transfer.
    ``(4)(A) If the licensee knowingly transfers a handgun to a person 
and willfully fails to comply with paragraph (1) with respect to the 
transfer and, at the time of the transfer, the State instant criminal 
check system was operating and information was available to the system 
demonstrating that receipt of a handgun by the person would violate 
subsection (g) or (n), the Secretary may, after notice and opportunity 
for a hearing, suspend for not more than 12 months or revoke any 
license issued to the licensee under section 923, and may impose on the 
licensee a civil fine of not more than $10,000.
    ``(B) Any action by the Secretary under subparagraph (A) of this 
paragraph shall be subject to the procedures and remedies provided in 
subsections (e) and (f) of section 923.
    ``(5) A State employee responsible for providing information 
through a State instant criminal check system shall not be liable in an 
action at law for damages for failure to prevent the sale or transfer 
of a handgun to a person whose receipt or possession of a handgun is 
unlawful.
    ``(6) Notwithstanding any law, rule, or regulation of a State or 
political subdivision of a State that requires a waiting period prior 
to the receipt or sale of a handgun, after a State instant criminal 
check system has been placed in operation, a licensee may transfer, and 
a person may receive, a handgun immediately upon notification of the 
licensee pursuant to subparagraph (1)(B)(i). No permit or license shall 
be required by any State or political subdivision of a State for such 
transfer or receipt.''.
    (c) Penalties.--Section 924(a) of title 18, United States Code, as 
amended by section 716(a) of this Act, is amended by adding at the end 
the following:
    ``(6) A person who willfully violates section 922(u) shall be fined 
not more than $2,000, imprisoned not more than 1 year, or both.''.
    (d) Effective Date.--The amendments made by this section shall take 
effect 120 days after the date of the enactment of this chapter.

SEC. 734. ESTABLISHMENT AND OPERATION OF CRIMINAL HISTORY SYSTEM.

    (a) Establishment of the System.--Each State shall establish a 
system accessible by telephone, and may establish other electronic 
means in addition to telephonic communication, that any licensee, law 
enforcement officer, or court of law may contact for criminal history 
information. Information available to a licensee shall be limited to 
information concerning a background check crime or other information 
concerning whether receipt of a handgun by a prospective transferee 
would violate subsection (g) or (n) of section 922 of title 18, United 
States Code. Information available to law enforcement officers and to 
courts of law shall include information concerning any arrest or 
conviction for any crime.
    (b) Continuous Operation.--Each State shall take such steps as are 
necessary to ensure that the system operates continuously and without 
closing, at all times and days of each year for purposes of inquiries 
from law enforcement officers, licensees, and courts.

SEC. 735. OPERATION OF SYSTEM FOR PURPOSE OF SCREENING HANDGUN 
              PURCHASERS.

    (a) Accuracy of Responses.--Each State shall take such steps as are 
necessary to ensure that not more than 2 percent of initial telephone 
responses of the system contain erroneous determinations that receipt 
of a handgun by a prospective handgun transferee would violate 
subsection (g) or (n) of section 922 of title 18, United States Code.
    (b) Notification of Licensees.--On establishment of a system under 
this section, each respective State shall notify the Secretary of the 
Treasury, and the Secretary shall notify each licensee, of the 
existence and purpose of the system and the telephone number and other 
electronic means that may be used to contact the system.
    (c) Operation of the System.--
            (1) Requirements for provision of information.--The system 
        established under this section shall not provide information to 
        any person who places a telephone call to the system with 
        respect to a person unless--
                    (A) the system verifies that the caller is a 
                licensee; and
                    (B) the licensee--
                            (i) states that a person seeks to purchase 
                        a handgun from the licensee; and
                            (ii) provides the name, birth date, and 
                        social security account number (or if the 
                        transferee does not have a social security 
                        account number, other identifying information 
                        about the proposed transferee as required to 
                        make a valid identification).
            (2) Information to be provided.--
                    (A) In general.--If the system receives a telephone 
                call with respect to the transfer of a handgun to a 
                person and the requirements of paragraph (1) of this 
                subsection are met, the system shall, in accordance 
                with subparagraph (B) of this paragraph--
                            (i) if the receipt of a handgun by the 
                        person would violate subsection (g) or (n) of 
                        section 922 of title 18, United States Code, 
                        inform the licensee that the transfer is 
                        disapproved; and
                            (ii) if such a receipt would not be such a 
                        violation--
                                    (I) assign a unique identification 
                                number to the transfer;
                                    (II) provide the licensee with the 
                                number; and
                                    (III) destroy all records of the 
                                system with respect to the call (other 
                                than the identifying number and the 
                                date the number was assigned) and all 
                                records of the system relating to the 
                                person or the transfer.
                    (B) Timing.--
                            (i) Prompt response required.--The system 
                        shall make every effort to provide to the 
                        caller the information required by subparagraph 
                        (A) immediately or by return telephone call 
                        without delay.
                            (ii) Rules governing delayed responses.--If 
                        the system is unable to respond immediately to 
                        the inquiry due to circumstances beyond the 
                        control of the system, the system shall--
                                    (I) advise the caller that the 
                                response of the system will be delayed 
                                and state the reasons for the delay and 
                                the estimated length of the delay; and
                                    (II) make every effort to provide 
                                the information required by 
                                subparagraph (A) within 8 hours after 
                                the licensee first contacted the system 
                                with respect to the transfer.
    (d) Correction of Erroneous System.--
            (1) Administrative procedures.--If the system established 
        under this section informs a licensee that receipt of a handgun 
        by a person would violate subsection (g) or (n) of section 922 
        of title 18, United States Code, the person may request the 
        system to provide the person with a detailed explanation, in 
        writing, of the reasons therefor. Within 5 days after receipt 
        of such a request, the system shall comply with the request. 
        The requestor may submit to the system information to correct, 
        clarify, or supplement records of the system with respect to 
        the requestor. Within 5 days after receipt of such information, 
        the system shall consider such information, investigate the 
        matter further, correct all erroneous records relating to the 
        requestor, and notify any department or agency of the United 
        States or of any State or political subdivision of a State that 
        was the source of the erroneous records or such errors.
            (2) Private course of action.--After all administrative 
        remedies are exhausted and such records are not corrected, a 
        person disapproved for the purchase or receipt of a handgun 
        because the system established under this section provided 
        erroneous information relating to the person may bring an 
        action in any court of competent jurisdiction against the 
        United States, or any State or political subdivision of a State 
        that is the source of the erroneous information, for damages 
        (including consequential damages), injunctive relief, mandamus, 
        and such other relief as the court may deem appropriate. If the 
        person prevails in the action, the court shall allow the person 
        a reasonable attorney's fee as part of the costs.

SEC. 736. IMPROVEMENT OF CRIMINAL JUSTICE RECORDS.

    The Attorney General shall expedite--
            (1) the incorporation of the remaining State criminal 
        history records into the Federal criminal records systems 
        maintained by the Federal Bureau of Investigation; and
            (2) the development of hardware and software systems to 
        link State criminal history check systems into the National 
        Crime Information Center.

SEC. 737. ACCESS TO STATE CRIMINAL RECORDS.

    (a) Means of Communication.--Not later than 60 days after the date 
of the enactment of this chapter, the Attorney General shall--
            (1) determine the type of computer hardware and software 
        that shall be used to operate the Federal criminal records 
        system and the means by which State criminal records system 
        shall communicate with the Federal system;
            (2) investigate the criminal records system of each State 
        and determine for each State the extent of such accessible 
        criminal records that each State shall be able to provide 
        thereafter to the Federal system by the effective date of 
        section 733; and
            (3) notify each State of the determination made pursuant to 
        paragraphs (1) and (2).
    (b) Federal System.--Not later than the effective date of section 
733, the Attorney General shall provide to each State access to the 
Federal Crime Information Center, including the records of other States 
through a network, for the purpose of permitting the State to conduct 
instant criminal background checks required by that section.

SEC. 738. IMPROVEMENTS IN STATE RECORDS.

    (a) In General.--Section 509(b) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3759(b)) is amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) by striking the period at the end of paragraph (3) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(4) the improvement of State record systems and the 
        sharing of all of the records described in paragraphs (1), (2), 
        and (3) and the records required by this Act with the Attorney 
        General for the purpose of implementing this Act.''.
    (b) Additional Funding.--Section 509 of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3759) is amended 
by adding at the end the following:
    ``(e) In addition to other funds authorized in this Act, there are 
authorized to be appropriated for fiscal year 1994, to be available 
until expended, $21,000,000 for the purpose of implementing subsection 
(b)(4).''.
    (c) Withholding Funds.--
            (1) Effective on the effective date of section 733 of this 
        Act, the Attorney General may refuse to make grants under title 
        I of the Omnibus Crime Control and Safe Streets Act of 1968 to 
        a State that does not establish and operate a State criminal 
        background check system in compliance with this chapter. No 
        State that receives funds pursuant to this chapter may charge 
        more than $3 per transaction to check for the existence of a 
        felony record of a prospective purchaser of a handgun.
            (2) Effective 1 year after the date of the enactment of 
        this chapter, the Attorney General may reduce by up to 10 
        percent the allocation to a State for a fiscal year under title 
        I of the Omnibus Crime Control and Safe Streets Act of 1968 of 
        a State that is not in compliance with this chapter, and the 
        portion of the amounts that are appropriated for allocation to 
        the States under such title for the fiscal year that is equal 
        to the amount of the reduction shall thereby be rescinded.

SEC. 739. FUNDING OF STATE CRIMINAL RECORDS SYSTEMS AND DEDICATION OF 
              FUNDS.

    (a) Increase in Special Assessments.--Section 3013(a) of title 18, 
United States Code, is amended--
            (1) in paragraph (1)(A)(iii), by striking ``$25'' and 
        inserting ``$30'';
            (2) in paragraph (2)(A), by striking ``$50'' and inserting 
        ``$75''; and
            (3) in paragraph (2)(B), by striking ``$200'' and inserting 
        ``$250''.
    (b) Systems for Screening Handgun Purchasers and for Criminal 
Justice Purposes.--Notwithstanding any other law, $5 of each assessment 
collected under section 3013(a)(1)(A)(iii) of title 18, United States 
Code, $25 of each assessment collected under subsection (a)(2)(A) of 
that section, and $50 of each assessment collected under subsection 
(a)(2)(B) of that section shall be paid to the States, in proportion to 
the respective populations thereof, for the purposes of carrying out 
this chapter.

SEC. 740. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated such sums 
as are necessary to carry out this chapter.
    (b) Limitation on Use.--No appropriation, grant, or fund authorized 
under this chapter shall be used for any purpose other than the 
creation, maintenance, and operation of systems for access to criminal 
history records and screening systems for handgun purchasers as 
provided in this chapter.

                  Chapter 2--Other Firearms Provisions

SEC. 741. INCREASED PENALTY FOR INTERSTATE GUN TRAFFICKING.

    Section 924 of title 18, United States Code, as amended by sections 
430, 706(e), 715(b), 719, and 723(c) of this Act, is amended by adding 
at the end the following:
    ``(n) Whoever, with the intent to engage in conduct which 
constitutes a violation of section 922(a)(1)(A), travels from any State 
or foreign country into any other State and acquires, or attempts to 
acquire, a firearm in such other State in furtherance of such purpose 
shall be imprisoned for not more than 10 years.''.

SEC. 742. PROHIBITION AGAINST TRANSACTIONS INVOLVING STOLEN FIREARMS 
              WHICH HAVE MOVED IN INTERSTATE OR FOREIGN COMMERCE.

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

SEC. 743. ENHANCED PENALTIES FOR USE OF FIREARMS IN CONNECTION WITH 
              COUNTERFEITING OR FORGERY.

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

SEC. 744. INCREASED PENALTY FOR KNOWINGLY FALSE, MATERIAL STATEMENT IN 
              FIREARM PURCHASE FROM LICENSED DEALER.

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

SEC. 745. REVOCATION OF SUPERVISED RELEASE FOR POSSESSION OF A FIREARM 
              IN VIOLATION OF RELEASE CONDITION.

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

SEC. 746. RECEIPT OF FIREARMS BY NONRESIDENT.

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

SEC. 747. DISPOSITION OF FORFEITED FIREARMS.

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

SEC. 748. CONSPIRACY TO VIOLATE FEDERAL FIREARMS OR EXPLOSIVES LAWS.

    (a) Firearms.--Section 924 of title 18, United States Code, as 
amended by sections 430, 706(e), 715(b), 719, 723(c), and 741 of this 
Act, is amended by adding at the end the following:
    ``(o) Whoever conspires to commit any offense punishable under this 
chapter shall be subject to the same penalties as those prescribed for 
the offense the commission of which was the object of the 
conspiracy.''.
    (b) Explosives.--Section 844 of such title is amended by adding at 
the end the following:
    ``(k) Whoever conspires to commit any offense punishable under this 
chapter shall be subject to the same penalties as those prescribed for 
the offense the commission of which was the object of the 
conspiracy.''.

SEC. 749. THEFT OF FIREARMS OR EXPLOSIVES FROM LICENSEE.

    (a) Firearms.--Section 924 of title 18, United States Code, as 
amended by sections 430, 706(e), 715(b), 719, 723(c), 741, and 748(a) 
of this Act, is amended by adding at the end the following:
    ``(p) Whoever steals any firearm from a licensed importer, licensed 
manufacturer, licensed dealer, or licensed collector shall be fined 
under this title, imprisoned not more than ten years, or both.''.
    (b) Explosives.--Section 844 of such title, as amended by section 
748(b) of this Act, is amended by adding at the end the following:
    ``(l) Whoever steals any explosive material from a licensed 
importer, licensed manufacturer, licensed dealer, or permittee shall be 
fined under this title, imprisoned not more than ten years, or both.''.

SEC. 750. PENALTIES FOR THEFT OF FIREARMS OR EXPLOSIVES.

    (a) Firearms.--Section 924 of title 18, United States Code, as 
amended by sections 430, 706(e), 715(b), 719, 723(c), 741, 748(a), and 
749(a) of this Act, is amended by adding at the end the following:
    ``(q) Whoever steals any firearm which is moving as, or is a part 
of, or which has moved in, interstate or foreign commerce shall be 
imprisoned for not less than two nor more than ten years, fined under 
this title, or both.''.
    (b) Explosives.--Section 844 of such title, as amended by sections 
748(b) and 749(b) of this Act, is amended by adding at the end the 
following:
    ``(m) Whoever steals any explosive materials which are moving as, 
or are a part of, or which have moved in, interstate or foreign 
commerce shall be imprisoned not less than two nor more than ten years, 
fined under this title, or both.''.

SEC. 751. PROHIBITION AGAINST DISPOSING OF EXPLOSIVES TO PROHIBITED 
              PERSONS.

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

SEC. 752. PROHIBITION AGAINST THEFT OF FIREARMS OR EXPLOSIVES.

    (a) Firearms.--Section 924 of title 18, United States Code, as 
amended by sections 430, 706(e), 715(b), 719, 722(c), 741, 748(a), 
749(a), and 750(a) of this Act, is amended by adding at the end the 
following:
    ``(r) Whoever steals any firearm which is moving as, or is a part 
of, or which has moved in, interstate or foreign commerce shall be 
imprisoned for not less than two nor more than ten years, fined under 
this title, or both.''.
    (b) Explosives.--Section 844 of such title, as amended by sections 
748(b), 749(b), and 750(b) of this Act, is amended by adding at the end 
the following:
    ``(n) Whoever steals any explosive materials which are moving as, 
or are a part of, or which have moved in, interstate or foreign 
commerce shall be imprisoned not less than two nor more than ten years, 
fined under this title, or both.''.

SEC. 753. INCREASED PENALTY FOR SECOND OFFENSE OF USING AN EXPLOSIVE TO 
              COMMIT A FELONY.

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

SEC. 754. POSSESSION OF EXPLOSIVES BY FELONS AND OTHERS.

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

SEC. 755. POSSESSION OF EXPLOSIVES DURING THE COMMISSION OF A FELONY.

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

SEC. 756. SUMMARY DESTRUCTION OF EXPLOSIVES SUBJECT TO FORFEITURE.

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

SEC. 757. ELIMINATION OF OUTMODED PAROLE LANGUAGE.

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

                       Subtitle D--Miscellaneous

SEC. 761. INCREASED PENALTIES FOR TRAVEL ACT CRIMES INVOLVING VIOLENCE 
              AND CONSPIRACY TO COMMIT CONTRACT KILLINGS.

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

SEC. 762. CRIMINAL OFFENSE FOR FAILING TO OBEY AN ORDER TO LAND A 
              PRIVATE AIRCRAFT.

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

``2237. Order to land.''

SEC. 763. AMENDMENT TO THE MANSFIELD AMENDMENT TO PERMIT MARITIME LAW 
              ENFORCEMENT OPERATIONS IN ARCHIPELAGIC WATERS.

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

SEC. 764. ENHANCEMENT OF PENALTIES FOR DRUG TRAFFICKING IN PRISONS.

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

SEC. 765. REMOVAL OF TV BROADCAST LICENSE CONTINGENT ON BROADCAST OF 
              PUBLIC SERVICE ANNOUNCEMENTS REGARDING DRUG ABUSE.

    Section 311 of the Communications Act of 1934 is amended by adding 
at the end the following new subsection:
    ``(e)(1) As part of its obligations to ensure that broadcast 
licenses are issued consistent with the public interest, convenience, 
and necessity, the Commission shall, in its review of any application 
for renewal of a commercial or noncommercial television broadcast 
license, consider the extent to which the licensee has participated in 
efforts to educate and inform the public as to the dangers of drug 
abuse and appropriate methods for obtaining treatment. The Commission 
shall not find that a renewal of such a license is consistent with the 
public interest, convenience, and necessity unless the applicant 
demonstrates that the station has broadcast public service 
announcements concerning drug and substance abuse and treatment during 
each hour of its broadcasting day, and that the duration of such 
announcements is equal to not less than 5 percent of the duration of 
the commercial advertisements broadcast by that station during that 
hour.
    ``(2) The Commission shall, in each annual report submitted under 
section 4(k) after the date of enactment of this subsection, include an 
analysis of broadcasters' progress in meeting the requirements of this 
subsection. Such report shall include statistics concerning the 
proportion of broadcast time devoted to public service announcements 
generally, and to meeting the requirements of this subsection.''.

      TITLE VIII--ELIMINATION OF DELAYS IN CARRYING OUT SENTENCES.

  Subtitle A--Post Conviction Petitions: General Habeas Corpus Reform.

SEC. 801. PERIOD OF LIMITATION FOR FILING WRIT OF HABEAS CORPUS 
              FOLLOWING FINAL JUDGMENT OF A STATE COURT.

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

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

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

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

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

                               ``RULE 22

              ``habeas corpus and section 2255 proceedings

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

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

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

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

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

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

SEC. 811. DEATH PENALTY LITIGATION PROCEDURES.

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

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

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

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

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

SEC. 821. FUNDING FOR DEATH PENALTY PROSECUTIONS.

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

                      TITLE IX--PUBLIC CORRUPTION

SEC. 901. OFFENSES.

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

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

SEC. 902. INTERSTATE COMMERCE.

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

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

SEC. 903. NARCOTICS-RELATED PUBLIC CORRUPTION.

    (a) In General.--Chapter 11 of title 18, United States Code, is 
amended by inserting after section 219 the following:
``Sec.  220. Narcotics and public corruption
    ``(a) Offense by Public Official.--Any public official who, in a 
circumstance described in subsection (c), directly or indirectly, 
corruptly demands, seeks, receives, accepts, or agrees to receive or 
accept anything of value personally or for any other person in return 
for--
            ``(1) being influenced in the performance or nonperformance 
        of any official act; or
            ``(2) being influenced to commit or to aid in committing, 
        or to collude in, or to allow or make opportunity for the 
        commission of any offense against the United States or any 
        State;
shall be guilty of a class B felony.
    ``(b) Offense by Person Other Than a Public Official.--Any person 
who, in a circumstance described in subsection (c), directly or 
indirectly, corruptly gives, offers, or promises anything of value to 
any public official, or offers or promises any public official to give 
anything of value to any other person, with the intent--
            ``(1) to influence any official act;
            ``(2) to influence the public official to commit or aid in 
        committing, or to collude in, or to allow or make opportunity 
        for the commission of any offense against the United States or 
        any State; or
            ``(3) to influence the public official to do or to omit to 
        do any act in violation of such official's lawful duty;

shall be guilty of a class B felony.
    ``(c) Circumstances in Which Offense Occurs.--The circumstances 
referred to in subsections (a) and (b) are that the offense involves, 
is part of, or is intended to further or to conceal the illegal 
possession, importation, manufacture, transportation, or distribution 
of any controlled substance or controlled substance analogue.
    ``(d) Definitions.--As used in this section--
            ``(1) the terms `controlled substance' and `controlled 
        substance analogue' have the meanings given those terms in 
        section 102 of the Controlled Substances Act;
            ``(2) the term `official act' means any decision, action, 
        or conduct regarding any question, matter, proceeding, cause, 
        suit, investigation, or prosecution which may at any time be 
        pending, or which may be brought before any public official, in 
        such official's official capacity, or in such official's place 
        of trust or profit;
            ``(3) the term `public official' means--
                    ``(A) an officer or employee or person acting for 
                or on behalf of the United States, or any department, 
                agency, or branch of the United States Government in 
                any official function, under or by authority of any 
                such department, agency, or branch of Government;
                    ``(B) a juror;
                    ``(C) an officer or employee or person acting for 
                or on behalf of the government of any State, or any 
                political subdivision of a State, in any official 
                function, under or by the authority of any such State 
                or political subdivision; and
                    ``(D) any person who has been nominated or 
                appointed to a position described in subparagraph (A), 
                (B), or (C), or has been officially informed that he or 
                she will be so nominated or appointed; and
            ``(4) the term `State' means a State of the United States, 
        the District of Columbia, and any commonwealth, territory, or 
        possession of the United States.''.
    (b) Technical Amendments.--(1) Section 1961(1) of title 18, United 
States Code, is amended by inserting ``section 220 (relating to 
narcotics and public corruption),'' after ``Section 201 (relating to 
bribery),''.
    (2) Section 2516(1)(c) of title 18, United States Code, is amended 
by inserting ``section 220 (relating to narcotics and public 
corruption),'' after ``section 201 (bribery of public officials and 
witnesses),''.
    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 11 of title 18, United States Code, is amended by inserting 
after the item for section 219 the following:

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

                            TITLE X--FUNDING

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

    (a) CBO Scoring.--The Congressional Budget Office estimates that 
the reduction in overhead payments for federally funded university 
research required by this section will produce savings of $1,540,000,00 
over 5 years ($150,000,000 for fiscal year 1994, $310,000,000 for 
fiscal year 1995, $350,000,000 for fiscal year 1996, $360,000,000 for 
fiscal year 1997, and $370,000,000 for fiscal year 1998).
    (b) Limitation.--Notwithstanding any other law, on and after the 
date of the enactment of this Act, each head of a Federal agency making 
a grant to or entering into a contract with, an institution of higher 
education for research and development, shall reduce the overhead 
payment rate under the grant or contract to 90 percent of the current 
level and return the amount saved to the general fund of the Treasury.
    (c) Definitions.--In this section--
            (1) the term ``institution of higher education'' has the 
        meaning stated in section 1201(a) of the Higher Education Act 
        of 1965 (20 U.S.C. 1141(a)); and
            (2) the term ``Federal agency'' means a department, agency, 
        or instrumentality of the Federal Government (including an 
        executive agency (as defined in section 105 of title 5, United 
        States Code)).

SEC. 1002. OVERHEAD EXPENSE REDUCTION.

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

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