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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3131 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3131

                     To control and prevent crime.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 23, 1993

 Mr. Brooks (for himself, Mr. Schumer, and Mr. Hughes) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
                     To control and prevent crime.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Violent Crime Control and Law 
Enforcement Act of 1993''.

SEC. 2. TABLE OF TITLES.

    The following is the table of titles for this Act:

TITLE I--PUBLIC SAFETY AND POLICING
TITLE II--DEATH PENALTY
TITLE III--HABEAS CORPUS REFORM
TITLE IV--COERCED CONFESSIONS
TITLE V--FIREARMS
TITLE VI--YOUTH VIOLENCE
TITLE VII--TERRORISM
TITLE VIII--SEXUAL VIOLENCE AND CHILD ABUSE
TITLE IX--CRIME VICTIMS
TITLE X--STATE AND LOCAL LAW ENFORCEMENT
TITLE XI--PROVISIONS RELATING TO POLICE OFFICERS
TITLE XII--GRANT PROGRAM FOR STATE PRISONS
TITLE XIII--FEDERAL PRISONS
TITLE XIV--RURAL CRIME
TITLE XV--DRUG CONTROL
TITLE XVI--DRUNK DRIVING PROVISIONS
TITLE XVII--COMMISSIONS
TITLE XVIII--MOTOR VEHICLE THEFT PREVENTION
TITLE XIX--PROTECTIONS FOR THE ELDERLY
TITLE XX--CONSUMER PROTECTION
TITLE XXI--SENTENCING PROVISIONS
TITLE XXII--COMPUTER CRIME
TITLE XXIII--INTERNATIONAL PARENTAL KIDNAPPING
TITLE XXIV--SAFE SCHOOLS
TITLE XXV--FINANCIAL INSTITUTIONS FRAUD PROSECUTIONS
TITLE XXVI--WHITE COLLAR CRIME AMENDMENTS
TITLE XXVII--GAMBLING
TITLE XXVIII--BAIL POSTING REPORTING
TITLE XXIX--GENERAL INCREASED PENALTY PROVISIONS
TITLE XXX--MISCELLANEOUS
TITLE XXXI--TECHNICAL CORRECTIONS

                  TITLE I--PUBLIC SAFETY AND POLICING

SEC. 101. COMMUNITY POLICING; ``COPS ON THE BEAT''.

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

   ``PART Q--PUBLIC SAFETY AND COMMUNITY POLICING; `COPS ON THE BEAT'

``SEC. 1701. AUTHORITY TO MAKE PUBLIC SAFETY AND COMMUNITY POLICING 
              GRANTS.

    ``(a) Grant Authorization.--The Attorney General is authorized to 
make grants to units of State and local government, and to other public 
and private entities, to increase police presence, to expand and 
improve cooperative efforts between law enforcement agencies and 
members of the community to address crime and disorder problems, and 
otherwise to enhance public safety.
    ``(b) Rehiring and Hiring Grant Projects.--Grants made under the 
authority of subsection (a) of this section may be used for programs, 
projects, and other activities to--
            ``(1) rehire law enforcement officers who have been laid 
        off as a result of State and local budget reductions for 
        deployment in community-oriented policing; and
            ``(2) hire new, additional career law enforcement officers 
        for deployment in community-oriented policing across the 
        Nation.
    ``(c) Additional Grant Projects.--Grants made under the authority 
of subsection (a) of this section also may include programs, projects, 
and other activities to--
            ``(1) increase the number of law enforcement officers 
        involved in activities that are focused on interaction with 
        members of the community on proactive crime control and 
        prevention by redeploying officers to such activities;
            ``(2) provide specialized training to law enforcement 
        officers to enhance their conflict resolution, mediation, 
        problem solving, service, and other skills needed to work in 
        partnership with members of the community;
            ``(3) increase police participation in multidisciplinary 
        early intervention teams;
            ``(4) develop new technologies to assist State and local 
        law enforcement agencies in reorienting the emphasis of their 
        activities from reacting to crime to preventing crime;
            ``(5) develop and implement innovative programs to permit 
        members of the community to assist State and local law 
        enforcement agencies in the prevention of crime in the 
        community;
            ``(6) establish innovative programs to reduce, and keep to 
        a minimum, the amount of time that law enforcement officers 
        must be away from the community while awaiting court 
        appearances;
            ``(7) establish and implement innovative programs to 
        increase and enhance proactive crime control and prevention 
        programs involving law enforcement officers and young persons 
        in the community; and
            ``(8) develop and establish new administrative and 
        managerial systems to facilitate the adoption of community-
        oriented policing as an organization-wide philosophy.
    ``(d) Preferential Consideration of Applications for Certain 
Grants.--In awarding grants under this part, the Attorney General may 
give preferential consideration to grants for hiring and rehiring 
additional career law enforcement officers that involve a non-Federal 
contribution exceeding the 25 percent minimum under subsection (h) of 
this section.
    ``(e) Technical Assistance.--(1) The Attorney General may provide 
technical assistance to units of State and local government, and to 
other public and private entities, in furtherance of the purposes of 
section 101 of the Violent Crime Control and Law Enforcement Act of 
1993.
    ``(2) The technical assistance provided by the Attorney General may 
include the development of a flexible model that will define for State 
and local governments, and other public and private entities, 
definitions and strategies associated with community or problem-
oriented policing and methodologies for its implementation.
    ``(3) The technical assistance provided by the Attorney General may 
include the establishment and operation of training centers or 
facilities, either directly or by contracting or cooperative 
arrangements. The functions of the centers or facilities established 
under this paragraph may include instruction and seminars for police 
executives, managers, trainers and supervisors concerning community or 
problem-oriented policing and improvements in police-community 
interaction and cooperation that further the purposes of section 101 of 
the Violent Crime Control and Law Enforcement Act of 1993.
    ``(f) Utilization of Department of Justice Offices and Services.--
The Attorney General may utilize any office or service of the 
Department of Justice in carrying out this part.
    ``(g) Minimum Amount.--Each qualifying State, together with 
grantees within the State, shall receive in each fiscal year pursuant 
to subsection (a) of this section not less than 0.25 percent of the 
total amount appropriated in the fiscal year for grants pursuant to 
that subsection. As used in this subsection, `qualifying State' means 
any State which has submitted an application for a grant, or in which 
an eligible entity has submitted an application for a grant, which 
meets the requirements prescribed by the Attorney General and the 
conditions set out in this part.
    ``(h) Matching Funds.--The portion of the costs of a program, 
project, or activity provided by a grant under subsection (a) of this 
section may not exceed 75 percent, unless the Attorney General waives, 
wholly or in part, the requirement under this subsection of a non-
Federal contribution to the costs of a program, project, or activity. 
In relation to a grant for a period exceeding 1 year for hiring or 
rehiring career law enforcement officers, the Federal share shall 
decrease from year to year, looking towards the continuation of the 
increased hiring level using State or local sources of funding 
following the conclusion of Federal support, as provided in an approved 
plan pursuant to section 1702(c)(8) of this part.
    ``(i) Allocation of Funds.--The funds available under this part 
shall be allocated as provided in section 1001(a)(11)(B) of this Act.
    ``(j) Termination of Grants for Hiring Officers.--The authority 
under subsection (a) of this section to make grants for the hiring and 
rehiring of additional career law enforcement officers shall lapse at 
the conclusion of 6 years from the date of enactment of this part. 
Prior to the expiration of this grant authority, the Attorney General 
shall submit a report to Congress concerning the experience with and 
effects of such grants. The report may include any recommendations the 
Attorney General may have for amendments to this part and related 
provisions of law in light of the termination of the authority to make 
grants for the hiring and rehiring of additional career law enforcement 
officers.

``SEC. 1702. APPLICATIONS.

    ``(a) In General.--No grant may be made under this part unless an 
application has been submitted to, and approved by, the Attorney 
General.
    ``(b) Form and Content of Application.--An application for a grant 
under this part shall be submitted in such form, and contain such 
information, as the Attorney General may prescribe by regulation or 
guidelines.
    ``(c) Compliance With Regulations or Guidelines.--In accordance 
with the regulations or guidelines established by the Attorney General, 
each application for a grant under this part shall--
            ``(1) include a long-term strategy and detailed 
        implementation plan that reflects consultation with community 
        groups and appropriate private and public agencies and reflects 
        consideration of the statewide strategy under section 503(a)(1) 
        of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3753(a)(1));
            ``(2) demonstrate a specific public safety need;
            ``(3) explain the locality's inability to address the need 
        without Federal assistance;
            ``(4) identify related governmental and community 
        initiatives which complement or will be coordinated with the 
        proposal;
            ``(5) certify that there has been appropriate coordination 
        with all affected agencies;
            ``(6) outline the initial and ongoing level of community 
        support for implementing the proposal including financial and 
        in-kind contributions or other tangible commitments;
            ``(7) specify plans for obtaining necessary support and 
        continuing the proposed program, project, or activity following 
        the conclusion of Federal support; and
            ``(8) if the application is for a grant for hiring or 
        rehiring additional career law enforcement officers--
                    ``(A) specify plans for the assumption by the 
                grantee of a progressively larger share of the cost in 
                the course of time, looking towards the continuation of 
                the increased hiring level using State or local sources 
                of funding following the conclusion of Federal support;
                    ``(B) assess the impact, if any, of the increase in 
                police resources on other components of the criminal 
                justice system; and
                    ``(C) explain how the grant will be utilized to re-
                orient the affected law enforcement agency's mission 
                towards community-oriented policing or enhance its 
                involvement in or commitment to community-oriented 
                policing.

``SEC. 1703. REVIEW OF APPLICATIONS BY STATE OFFICE.

    ``(a) In General.--Except as provided in subsection (c) or (d), an 
applicant for a grant under this part shall submit an application to 
the State office designated under section 507 of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3757) in the State in 
which the applicant is located for initial review.
    ``(b) Initial Review of Application.--(1) The State office referred 
to in subsection (a) of this section shall review applications for 
grants under this part submitted to it, based upon criteria specified 
by the Attorney General by regulation or guidelines.
    ``(2) Upon completion of the reviews required by paragraph (1) of 
this subsection, the State office referred to in subsection (a) of this 
section shall determine which, if any, of the application for grants 
under this part are most likely to be successful in achieving the 
purposes of section 101 of the Violent Crime Control and Law 
Enforcement Act of 1993.
    ``(3)(A) Based upon the determinations made under paragraph (2) of 
this subsection, the State office referred to in subsection (a) of this 
section shall list the applications for grants under this part in order 
of their likelihood to achieve the purposes of section 101 of the 
Violent Crime Control and Law Enforcement Act of 1993, and shall submit 
the list along with all grant applications and supporting materials 
received to the Attorney General.
    ``(B) In making the submission to the Attorney General required by 
subparagraph (A) of this paragraph, the State office referred to in 
subsection (a) of this section may recommend that a particular 
application or applications should receive special priority and provide 
supporting reasons for the recommendation.
    ``(c) Direct Application to the Attorney General by Certain 
Municipalities.--Notwithstanding subsection (a) of this section, 
municipalities whose population exceeds 150,000 may submit an 
application for a grant under this part directly to the Attorney 
General. For purposes of this subsection, `municipalities whose 
population exceeds 150,000' means units of local government or law 
enforcement agencies having jurisdiction over areas with populations 
exceeding 150,000, and consortia or associations that include one or 
more such units of local government or law enforcement agencies.
    ``(d) Direct Application to the Attorney General by Other 
Applicants.--Notwithstanding subsection (a) of this section, if a State 
chooses not to carry out the functions described in subsection (b) of 
this section, an applicant in the State may submit an application for a 
grant under this part directly to the Attorney General.

``SEC. 1704. RENEWAL OF GRANTS.

    ``(a) In General.--Except for grants made for hiring or rehiring 
additional career law enforcement officers, a grant under this part may 
be renewed for up to two additional years after the first fiscal year 
during which a recipient receives its initial grant if the Attorney 
General determines that the funds made available to the recipient were 
used in a manner required under an approved application and if the 
recipient can demonstrate significant progress in achieving the 
objectives of the initial application.
    ``(b) Grants for Hiring.--Grants made for hiring or rehiring 
additional career law enforcement officers may be renewed for up to 
five years, subject to the requirements of subsection (a) of this 
section, but notwithstanding the limitation in that subsection 
concerning the number of years for which grants may be renewed.
    ``(c) Multi-year Grants.--A grant for a period exceeding one year 
may be renewed as provided in this section, except that the total 
duration of such a grant including any renewals may not exceed three 
years, or six years if it is a grant made for hiring or rehiring 
additional career law enforcement officers.

``SEC. 1705. LIMITATION ON USE OF FUNDS.

    ``(a) Non-supplanting Requirement.--Funds made available under this 
part to State or local governments shall not be used to supplant State 
or local funds, but will be used to increase the amount of funds that 
would, in the absence of Federal funds, be made available from State or 
local sources.
    ``(b) Administrative Costs.--No more than 5 percent of the funds 
available under this part may be used for the costs of States in 
carrying out the functions described in section 1703(b) or other 
administrative costs.
    ``(c) Non-Federal Costs.--State and local units of government may 
use assets received through the Assets Forfeiture equitable sharing 
program to cover the non-Federal portion of programs, projects, and 
activities funded under this part.
    ``(d) Hiring Costs.--Funding provided under this part for hiring or 
rehiring a career law enforcement officer may not exceed $75,000, 
unless the Attorney General grants a waiver from this limitation.

``SEC. 1706. PERFORMANCE EVALUATION.

    ``(a) Evaluation Components.--Each program, project, or activity 
funded under this part shall contain an evaluation component, developed 
pursuant to guidelines established by the Attorney General. The 
evaluations required by this subsection shall include outcome measures 
that can be used to determine the effectiveness of the funded programs, 
projects, and activities. Outcome measures may include crime and 
victimization indicators, quality of life measures, community 
perceptions, and police perceptions of their own work.
    ``(b) Periodic Review and Reports.--The Attorney General shall 
review the performance of each grant recipient under this part. The 
Attorney General may require a grant recipient to submit to the 
Attorney General the results of the evaluations required under 
subsection (a) and such other data and information as the Attorney 
General deems reasonably necessary to carry out the responsibilities 
under this subsection.

``SEC. 1707. REVOCATION OR SUSPENSION OF FUNDING.

    ``If the Attorney General determines, as a result of the reviews 
required by section 1706 of this part, or otherwise, that a grant 
recipient under this part is not in substantial compliance with the 
terms and requirements of an approved grant application submitted under 
section 1702 of this part, the Attorney General may revoke or suspend 
funding of that grant, in whole or in part.

``SEC. 1708. ACCESS TO DOCUMENTS.

    ``(a) By the Attorney General.--The Attorney General shall have 
access for the purpose of audit and examination to any pertinent books, 
documents, papers, or records of a grant recipient under this part, as 
well as the pertinent books, documents, papers, or records of State and 
local governments, persons, businesses, and other entities that are 
involved in programs, projects, or activities for which assistance is 
provided under this part.
    ``(b) By the Comptroller General.--The provisions of subsection (a) 
of this section shall also apply with respect to audits and 
examinations conducted by the Comptroller General of the United States 
or by an authorized representative of the Comptroller General.

``SEC. 1709. GENERAL REGULATORY AUTHORITY.

    ``The Attorney General is authorized to promulgate regulations and 
guidelines to carry out this part.

``SEC. 1710. DEFINITION.

    ``For the purposes of this part, the term `career law enforcement 
officer' means a person hired on a permanent basis who is authorized by 
law or by a State or local public agency to engage in or supervise the 
prevention, detection, or investigation of violations of criminal 
laws.''.
    (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.) is amended by striking the material relating to Part Q and 
inserting the following:

     ``Part Q--Public Safety and Community Policing; `Cops on the Beat'

    ``Sec. 1701. Authority to make public safety and community policing 
                                grants.
    ``Sec. 1702. Applications.
    ``Sec. 1703. Review of applications by State office.
    ``Sec. 1704. Renewal of grants.
    ``Sec. 1705. Limitation on use of funds.
    ``Sec. 1706. Performance evaluation.
    ``Sec. 1707. Revocation or suspension of funding.
    ``Sec. 1708. Access to documents.
    ``Sec. 1709. General regulatory authority.
    ``Sec. 1710. Definition.
              ``Part R--Transition-Effective Date-Repealer

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

SEC. 102. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization.--Section 1001(a) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 2793) is amended--
            (1) in paragraph (3) by striking ``and N.'' and inserting 
        ``N, O, P, and Q.''; and
            (2) by adding at the end the following new paragraph:
            ``(11)(A) There are authorized to be appropriated to carry 
        out Part Q, to remain available until expended, $200,000,000 
        for fiscal year 1994 and $650,000,000 for each of the fiscal 
        years 1995, 1996, 1997, 1998, and 1999.
            ``(B) Of funds available under Part Q in any fiscal year, 
        up to 5 percent may be used for technical assistance under 
        section 1701(e) or for evaluations or studies carried out or 
        commissioned by the Attorney General in furtherance of the 
        purposes of Part Q, and up to 5 percent may be used for the 
        costs of States in carrying out the functions described in 
        section 1703(b) or other administrative costs. Of the remaining 
        funds, 60 percent shall be allocated for grants pursuant to 
        applications submitted as provided in section 1703 (a) or (d), 
        and 40 percent shall be allocated for grants pursuant to 
        applications submitted as provided in section 1703(c). Of the 
        funds available in relation to grants pursuant to applications 
        submitted as provided in section 1703 (a) or (d), at least 85 
        percent shall be applied to grants for the purposes specified 
        in section 1701(b), and no more than 15 percent may be applied 
        to other grants in furtherance of the purposes of Part Q. Of 
        the funds available in relation to grants pursuant to 
        applications submitted as provided in section 1703(c), at least 
        85 percent shall be applied to grants for the purposes 
        specified in section 1701(b), and no more than 15 percent may 
        be applied to other grants in furtherance of the purposes of 
        Part Q.''.

                        TITLE II--DEATH PENALTY

SEC. 201. CONSTITUTIONAL PROCEDURES FOR THE IMPOSITION OF THE SENTENCE 
              OF DEATH.

    Part II of title 18 of the United States Code is amended by adding 
the following new chapter after chapter 227:

                     ``CHAPTER 228--DEATH SENTENCE

``Sec.
``3591. Sentence of death.
``3592. Mitigating and aggravating 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. Special provisions for 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; or
            ``(2) any other offense for which a sentence of death is 
        provided, if the defendant, as determined beyond a reasonable 
        doubt at the hearing under section 3593--
                    ``(A) intentionally killed the victim;
                    ``(B) intentionally inflicted serious bodily injury 
                that resulted in the death of the victim;
                    ``(C) intentionally participated in an act, 
                contemplating that the life of a person would be taken 
                or intending that lethal force would be used in 
                connection with a person, other than one of the 
                participants in the offense, and the victim died as a 
                direct result of the act; or
                    ``(D) intentionally and specifically engaged in an 
                act of violence, knowing that the act created a grave 
                risk of death to a person, other than one of the 
                participants in the offense, such that participation in 
                the act constituted a reckless disregard for human life 
                and the victim died as a direct result of the act,
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, except that no person may be sentenced to death who was 
less than 18 years of age at the time of the offense.
``Sec. 3592. Mitigating and aggravating factors to be considered in 
              determining whether a sentence of death is justified
    ``(a) Mitigating Factors.--In determining whether a sentence of 
death is to be imposed on a defendant, the finder of fact shall 
consider any mitigating factor, including the following:
            ``(1) Impaired capacity.--The defendant's capacity to 
        appreciate the wrongfulness of the defendant's conduct or to 
        conform conduct to the requirements of law was significantly 
        impaired, regardless of whether the capacity was so impaired as 
        to constitute a defense to the charge.
            ``(2) Duress.--The defendant was under unusual and 
        substantial duress, regardless of whether the duress was of 
        such a degree as to constitute a defense to the charge.
            ``(3) Minor participation.--The defendant is punishable as 
        a principal (as defined in section 2 of title 18 of the United 
        States Code) in the offense, which was committed by another, 
        but the defendant's participation was relatively minor, 
        regardless of whether the participation was so minor as to 
        constitute a defense to the charge.
            ``(4) Equally culpable defendants.--Another defendant or 
        defendants, equally culpable in the crime, will not be punished 
        by death.
            ``(5) No prior criminal record.--The defendant did not have 
        a significant prior history of other criminal conduct.
            ``(6) Disturbance.--The defendant committed the offense 
        under severe mental or emotional disturbance.
            ``(7) Victim's consent.--The victim consented to the 
        criminal conduct that resulted in the victim's death.
            ``(8) Other factors.--Other factors in the defendant's 
        background, record, or character or any other circumstance of 
        the offense that mitigate against imposition of the death 
        sentence.
    ``(b) Aggravating Factors for Espionage and Treason.--In 
determining whether a sentence of death is justified for an offense 
described in section 3591(1), the jury, or if there is no jury, the 
court, shall consider each of the following aggravating factors for 
which notice has been given and determine which, if any, exist:
            ``(1) Prior espionage or treason offense.--The defendant 
        has previously been convicted of another offense involving 
        espionage or treason for which a sentence of either life 
        imprisonment or death was authorized by law.
            ``(2) Grave risk to national security.--In the commission 
        of the offense the defendant knowingly created a grave risk of 
        substantial danger to the national security.
            ``(3) Grave risk of death.--In the commission of the 
        offense the defendant knowingly created a grave risk of death 
        to another person.
The jury, or if there is no jury, the court, may consider whether any 
other aggravating factor for which notice has been given exists.
    ``(c) Aggravating Factors for Homicide.--In determining whether a 
sentence of death is justified for an offense described in section 
3591(2), the jury, or if there is no jury, the court, shall consider 
each of the following aggravating factors for which notice has been 
given and determine which, if any, exist:
            ``(1) Death during commission of another crime.--The death, 
        or injury 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), an offense under 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 1118 (prisoners 
        serving life term), section 1201 (kidnapping), section 844(i) 
        (destruction of property affecting interstate commerce by 
        explosives), section 1116 (killing or attempted killing of 
        diplomats), section 1203 (hostage taking), section 1992 
        (wrecking trains), 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), or section 2381 (treason) of this 
        title, or section 902 (i) or (n) of the Federal Aviation Act of 
        1958 (49 U.S.C. 1472 (i) or (n)) (aircraft piracy).
            ``(2) Previous conviction of violent felony involving 
        firearm.--For any offense, other than an offense for which a 
        sentence of death is sought on the basis of section 924(c) of 
        this title, as amended by this Act, the defendant 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 a sentence of 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, punishable by a term of imprisonment of more 
        than one year, committed on different occasions, involving 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 
        apprehension for the violation of the offense, 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 committing 
        offense.--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) 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 to cause the death of a person or commit an act 
        of terrorism.
            ``(10) Conviction for two felony drug offenses.--The 
        defendant has previously been convicted of two or more State or 
        Federal offenses punishable by a term of imprisonment of more 
        than one year, committed on different occasions, involving the 
        distribution of a controlled substance.
            ``(11) Vulnerability of victim.--The victim was 
        particularly vulnerable due to old age, youth, or infirmity.
            ``(12) Conviction for serious federal drug offenses.--The 
        defendant had previously been convicted of violating title II 
        or title III of the Controlled Substances Act for which a 
        sentence of 5 or more years may be imposed or had previously 
        been convicted of engaging in a continuing criminal enterprise.
            ``(13) Continuing criminal enterprise involving drug sales 
        to minors.--The defendant committed the offense in the course 
        of engaging in a continuing criminal enterprise in violation of 
        section 408(c) of the Controlled Substances Act and that 
        violation involved the distribution of drugs to persons under 
        the age of 21 in violation of section 418 of such Act.
            ``(14) High public officials.--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 is no Vice President, the officer next in order 
                of succession to the office of the President of the 
                United States, or any person who is 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 the official is in the 
                United States on official business; or
                    ``(D) a Federal public servant who is a judge, a 
                law enforcement officer, or an employee of a United 
                States penal or correctional institution--
                            ``(i) while he or she is engaged in the 
                        performance of his or her official duties;
                            ``(ii) because of the performance of his or 
                        her official duties; or
                            ``(iii) because of his or her status as a 
                        public servant.
                For purposes of this subparagraph, a `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 or 
                adjudication of an offense, and includes those engaged 
                in corrections, parole, or probation functions.
            ``(15) prior conviction of sexual assault or child 
        molestation.--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.
The jury, or if there is no jury, the court, may consider whether any 
other aggravating factor for which notice has been given exists.
``Sec. 3593. Special hearing to determine whether a sentence of death 
              is justified
    ``(a) Notice by the Government.--If, in a case involving an offense 
described in section 3591, the attorney for the government believes 
that the circumstances of the offense are such that a sentence of death 
is justified under this chapter, the attorney shall, a reasonable time 
before the trial or before acceptance by the court of a plea of guilty, 
sign and file with the court, and serve on the defendant, a notice--
            ``(1) stating that the government believes that the 
        circumstances of the offense are such that, if the defendant is 
        convicted, a sentence of death is justified under this chapter 
        and that the government will seek the sentence of death; and
            ``(2) setting forth the aggravating factor or factors that 
        the government, if the defendant is convicted, proposes to 
        prove as justifying a sentence of death.
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, and may include oral testimony, a victim impact 
statement that identifies the victim of the offense and the extent and 
scope of the injury and loss suffered by the victim and the victim's 
family, and any other relevant information. The court may permit the 
notice to include any aggravating factor that is not an element of the 
underlying offense. The court may also permit the attorney for the 
government to amend the notice upon a showing of good cause.
    ``(b) Hearing Before a Court or Jury.--If the attorney for the 
government has filed a notice as required under subsection (a) and the 
defendant is found guilty of or pleads guilty to 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. 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 
                this section is necessary; or
            ``(3) before the court alone, upon the motion of the 
        defendant and with the approval of the attorney for the 
        government.
A jury impaneled pursuant to paragraph (2) shall consist of 12 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.--Notwithstanding 
rule 32(c) of the Federal Rules of Criminal Procedure, when a defendant 
is found guilty or pleads guilty to an offense under section 3591, no 
presentence report shall be prepared. At the sentencing hearing, 
information may be presented as to any matter relevant to the sentence, 
including any mitigating or aggravating factor permitted or required to 
be considered under section 3592. Information presented may include the 
trial transcript and exhibits if the hearing is held before a jury or 
judge not present during the trial. The defendant may present any 
information relevant to a mitigating factor. The government may present 
any information relevant to an aggravating factor for which notice has 
been provided under subsection (a). The government and 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 the 
case of imposing a sentence of death. 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 any 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 information.
    ``(d) Return of Special Findings.--The jury, or if there is no 
jury, the court, shall consider all the information received during the 
hearing. It shall return special findings identifying any aggravating 
factor or factors set forth in section 3592 found to exist and any 
other aggravating factor for which notice has been provided under 
subsection (a) found to exist. A finding with respect to a mitigating 
factor may be made by 1 or more members of the jury, and any member of 
the jury who finds the existence of a mitigating factor may consider 
such factor established for purposes of this section regardless of the 
number of jurors who concur that the factor has been established. A 
finding with respect to any aggravating factor must be unanimous. If no 
aggravating factor set forth in section 3592 is found to exist, the 
court shall impose a sentence other than death authorized by law.
    ``(e) Return of a Finding Concerning a Sentence of Death.--If, in 
the case of--
            ``(1) an offense described in section 3591(1), an 
        aggravating factor required to be considered under section 
        3592(b) is found to exist; or
            ``(2) an offense described in section 3591(2), an 
        aggravating factor required to be considered under section 
        3592(c) is found to exist,
the jury, or if there is no jury, the court, shall consider whether all 
the aggravating factor or factors found to exist sufficiently outweigh 
all the mitigating factor or factors found to exist to justify a 
sentence of death, or, in the absence of a mitigating factor, whether 
the aggravating factor or factors alone are sufficient to justify a 
sentence of death. Based upon this consideration, the jury by unanimous 
vote, or if there is no jury, the court, shall recommend whether the 
defendant should be sentenced to death, to life imprisonment without 
possibility of release, or to some other lesser sentence. The jury or 
the court, if there is no jury, regardless of its findings with respect 
to aggravating and mitigating factors, is never required to impose a 
death sentence and the jury shall be so instructed.
    ``(f) Special Precaution To Ensure 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 a sentence of death is justified, it shall not consider the 
race, color, religious beliefs, 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 no matter what the race, 
color, religious beliefs, national origin, or sex of the defendant or 
of any victim may be. The jury, upon return of a finding under 
subsection (e), shall also return to the court a certificate, signed by 
each juror, that consideration of the race, color, religious beliefs, 
national origin, or sex of the defendant or any victim was not involved 
in reaching his or her individual decision and that the individual 
juror would have made the same recommendation regarding a sentence for 
the crime in question no matter what the race, color, religious 
beliefs, national origin, or sex of the defendant or any victim may be.
``Sec. 3594. Imposition of a sentence of death
    ``Upon a recommendation under section 3593(e) that the defendant 
should be sentenced to death or life imprisonment without possibility 
of release, the court shall sentence the defendant accordingly. 
Otherwise, the court shall impose any lesser sentence that is 
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 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 must be filed within the time 
specified for the filing of a notice of appeal. An appeal under this 
section may be consolidated with an appeal of the judgment of 
conviction and shall have priority over all other cases.
    ``(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) The court of appeals shall address all substantive 
        and procedural issues raised on the appeal of a sentence of 
        death, and shall consider whether the sentence of death was 
        imposed under the influence of passion, prejudice, or any other 
        arbitrary factor and whether the evidence supports the special 
        finding of the existence of an aggravating factor required to 
        be considered under section 3592.
            ``(2) Whenever the court of appeals finds that--
                    ``(A) the sentence of death was imposed under the 
                influence of passion, prejudice, or any other arbitrary 
                factor;
                    ``(B) the admissible evidence and information 
                adduced does not support the special finding of the 
                existence of the required aggravating factor; or
                    ``(C) the proceedings involved any other legal 
                error requiring reversal of the sentence that was 
                properly preserved for appeal under the rules of 
                criminal procedure,
        the court shall remand the case for reconsideration under 
        section 3593 or imposition of a sentence other than death.
            ``(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 who has been sentenced to death 
pursuant to the provisions of 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 for 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, who shall supervise implementation of the sentence in the 
manner prescribed by the law of the State in which the sentence is 
imposed. If the law of such State does not provide for implementation 
of a sentence of death, the court shall designate another State, the 
law of which does provide for the implementation of a sentence of 
death, and the sentence shall be implemented in the latter State in the 
manner prescribed by such law.
    ``(b) Pregnant Woman.--A sentence of death shall not be carried out 
upon a woman while she is pregnant.
    ``(c) Mental Capacity.--A sentence of death shall not be carried 
out upon a person who is mentally retarded. A sentence of death shall 
not be carried out upon a person who, as a result of mental disability, 
lacks the mental capacity to understand the death penalty and why it 
was imposed on that person.
``Sec. 3597. Use of State facilities
    ``(a) In General.--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.
    ``(b) Excuse of an Employee on Moral or Religious Grounds.--No 
employee of any State department of corrections, the United States 
Department of Justice, the Federal Bureau of Prisons, or the United 
States Marshals Service, and no employee 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 prosecution or execution under 
this section if such participation is contrary to the moral or 
religious convictions of the employee. For purposes of this subsection, 
the term `participation' includes personal preparation of the condemned 
individual and the apparatus used for execution and supervision of the 
activities of other personnel in carrying out such activities.
``Sec. 3598. Special provisions for Indian country
    ``Notwithstanding sections 1152 and 1153, 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 elected that this chapter have effect over land and persons 
subject to its criminal jurisdiction.''.
    (b) Amendment of Chapter Analysis.--The chapter analysis of part II 
of title 18, United States Code, is amended by adding the following new 
item after the item relating to chapter 227:

``228. Death sentence.......................................   3591.''.

SEC. 202. SPECIFIC OFFENSES FOR WHICH DEATH PENALTY IS AUTHORIZED.

    (a) Conforming Changes in Title 18.--Title 18, United States Code, 
is amended as follows:
            (1) Aircrafts and motor vehicles.--Section 34 of title 18, 
        United States Code, is amended by striking the comma after 
        ``imprisonment for life'' and inserting a period and striking 
        the remainder of the section.
            (2) Espionage.--Section 794(a) of title 18, United States 
        Code, is amended by striking the period at the end of the 
        section and inserting ``, except that the sentence of death 
        shall not be imposed unless the jury or, if there is no jury, 
        the court, further finds that the offense directly concerned 
        nuclear weaponry, military spacecraft or satellites, early 
        warning systems, or other means of defense or retaliation 
        against large-scale attack; war plans; communications 
        intelligence or cryptographic information; or any other major 
        weapons system or major element of defense strategy.''.
            (3) Explosive materials.--(A) Section 844(d) of title 18, 
        United States Code, is amended by striking ``as provided in 
        section 34 of this title''.
            (B) Section 844(f) of title 18, United States Code, is 
        amended by striking ``as provided in section 34 of this 
        title''.
            (C) Section 844(i) of title 18, United States Code, is 
        amended by striking ``as provided in section 34 of this 
        title''.
            (4) Murder.--The second undesignated paragraph of section 
        1111(b) of title 18, United States Code, is amended to read as 
        follows:
            ``Whoever is guilty of murder in the first degree shall be 
        punished by death or by imprisonment for life;''.
            (5) Killing of foreign officials or internationally 
        protected persons.--Section 1116(a) of title 18, United States 
        Code, is amended by striking ``any such person who is found 
        guilty of murder in the first degree shall be sentenced to 
        imprisonment for life, and''.
            (6) 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''.
            (7) Nonmailable 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 
        inserting a period and striking the remainder of the paragraph.
            (8) Wrecking trains.--The second to the last undesignated 
        paragraph of section 1992 of title 18, United States Code, is 
        amended by striking the comma after ``imprisonment for life'' 
        and inserting a period and striking the remainder of the 
        section.
            (9) 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''.
            (10) 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''.
            (11) Murder for hire.--Section 1958 of title 18, 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 under this title, or 
        both''.
            (12) Racketeering.--Section 1959(a)(1) of title 18, United 
        States Code, is amended to read as follows:
            ``(1) for murder, by death or life imprisonment, or a fine 
        under this title, or both; and for kidnapping, by imprisonment 
        for any term of years or for life, or a fine under this title, 
        or both;''.
            (13) Genocide.--Section 1091(b)(1) of title 18, United 
        States Code, is amended by striking ``a fine of not more than 
        $1,000,000 or imprisonment for life,'' and inserting ``, where 
        death results, by death or imprisonment for life and a fine 
        under this title, or both;''.
            (14) Carjacking.--Section 2119(3) of title 18, United 
        States Code, is amended to read as follows:
            ``(3) if death results, be punished by death or imprisoned 
        for any term of years or for life, fined under this title, or 
        both.''
    (b) Conforming Amendment to Federal Aviation Act of 1954.--Section 
903 of the Federal Aviation Act of 1958 (49 U.S.C. 1473) is amended by 
striking subsection (c).

SEC. 203. APPLICABILITY TO UNIFORM CODE OF MILITARY JUSTICE.

    The provisions of chapter 228 of title 18, United States Code, as 
added by this title, shall not apply to prosecutions under the Uniform 
Code of Military Justice (10 U.S.C. 801).

SEC. 204. DEATH PENALTY FOR MURDER BY A FEDERAL PRISONER.

    (a) In General.--Chapter 51 of title 18, United States Code, is 
amended by adding at the end thereof the following new section:
``Sec. 1118. Murder by a Federal prisoner
    ``(a) Offense.--Whoever, while confined in a Federal correctional 
institution under a sentence for a term of life imprisonment, commits 
the murder of another shall be punished by death or by life 
imprisonment.
    ``(b) Definitions.--For the purposes of this section--
            ``(1) the term `Federal correctional institution' means any 
        Federal prison, Federal correctional facility, Federal 
        community program center, or Federal halfway house;
            ``(2) the term `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
            ``(3) the term `murder' means a first degree or second 
        degree murder as defined by section 1111 of this title.''.
    (b) Amendment of Chapter Analysis.--The table of sections at the 
beginning of chapter 51 of title 18, United States Code, is amended by 
adding at the end thereof the following:

``1118. Murder by a Federal prisoner.''.

SEC. 205. DEATH PENALTY FOR CIVIL RIGHTS MURDERS.

    (a) Conspiracy Against Rights.--Section 241 of title 18, United 
States Code, is amended by striking the period at the end of the last 
sentence and inserting ``, or may be sentenced to death.''.
    (b) Deprivation of Rights Under Color of Law.--Section 242 of title 
18, United States Code, is amended by striking the period at the end of 
the last sentence and inserting ``, or may be sentenced to death.''.
    (c) Federally Protected Activities.--Section 245(b) of title 18, 
United States Code, is amended in the matter following paragraph (5) by 
inserting ``, or may be sentenced to death'' after ``or for life''.
    (d) 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 ``, or may be sentenced to death'' after 
``or both''.

SEC. 206. DEATH PENALTY FOR THE MURDER OF FEDERAL LAW ENFORCEMENT 
              OFFICIALS.

    Section 1114 of title 18, United States Code, is amended by 
striking ``punished as provided under sections 1111 and 1112 of this 
title,'' and inserting ``punished, in the case of murder, by a sentence 
of death or life imprisonment as provided under section 1111 of this 
title, or, in the case of manslaughter, a sentence as provided under 
section 1112 of this title,''.

SEC. 207. DRIVE-BY SHOOTINGS.

    ``(a) In General.--Section 922 of title 18, United States, Code, is 
amended by adding at the end thereof the following:
    ``(s) It shall be unlawful for any person knowingly to--
            ``(1) discharge a firearm from within a motor vehicle and
            ``(2) thereby create a grave risk to human life.''.
    ``(b) Penalty.--Section 924(a) of such title 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 violates section 922(s) shall be fined 
under this title or imprisoned not more than 25 years, or both, and if 
death results, shall be punished by death or imprisonment for life or 
any term of years.''.

SEC. 208. FOREIGN MURDER OF UNITED STATES NATIONALS.

    (a) In General.--Chapter 51 of title 18, United States Code, is 
amended by adding at the end thereof the following new section:
``Sec. 1118. Foreign murder of United States nationals
    ``(a) Whoever, being a national of the United States, kills or 
attempts to kill a national of the United States while such national is 
outside the United States but within the jurisdiction of another 
country shall be punished as provided under sections 1111, 1112, and 
1113 of this title.
    ``(b) No prosecution may be instituted against any person under 
this section except upon the written approval of the Attorney General, 
the Deputy Attorney General, or an Assistant Attorney General, which 
function of approving prosecutions may not be delegated. No prosecution 
shall be approved if prosecution has been previously undertaken by a 
foreign country for the same conduct.
    ``(c) No prosecution shall be approved under this section unless 
the Attorney General, in consultation with the Secretary of State, 
determines that the conduct took place in a country in which the person 
is no longer present, and the country lacks the ability to lawfully 
secure the person's return. A determination by the Attorney General 
under this subsection is not subject to judicial review.
    ``(d) As used in this section, the term `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)).''.
    (b) Conforming Amendment.--Section 1117 of title 18, United States 
Code, is amended by striking ``or 1116'' and inserting ``1116, or 
1118''.
    (c) 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 new item:

``1118. Foreign Murder of United States Nationals.''.

SEC. 209. 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 analysis for 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. 210. DEATH PENALTY FOR 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. 211. MURDER BY ESCAPED PRISONERS.

    (a) In General.--Chapter 51 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1120. Murder by escaped prisoners
    ``(a) In General.--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) Definition.--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.''.
    (b) 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:

``1120. Murder by escaped prisoners.''.

SEC. 212. DEATH PENALTY FOR GUN MURDERS DURING FEDERAL CRIMES OF 
              VIOLENCE AND DRUG TRAFFICKING CRIMES.

    Section 924 of title 18, United States Code, is amended by adding 
after the subsections added by subtitle B of title V of this Act the 
following:
    ``(o) 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.''.

SEC. 213. HOMICIDES AND ATTEMPTED HOMICIDES INVOLVING FIREARMS IN 
              FEDERAL FACILITIES.

    Section 930 of title 18, United States Code, is amended by--
            (a) redesignating subsections (c), (d), (e), and (f) as 
        subsections (d), (e), (f), and (g) respectively;
            (b) in subsection (a), striking ``(c)'' and inserting 
        ``(d)''; and
            (c) 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 be punished as provided in sections 1111, 1112, and 1113 
of this title.''

SEC. 214. DEATH PENALTY FOR THE MURDER OF STATE OR LOCAL OFFICIALS 
              ASSISTING FEDERAL LAW ENFORCEMENT OFFICIALS.

    (a) In General.--Chapter 51 of title 18, United States Code, as 
amended by section 205 of this Act, is amended by adding at the end the 
following:
``Sec.  1119. Killing persons aiding Federal investigations
    ``Whoever intentionally kills--
            ``(1) a State or local official, law enforcement officer, 
        or other officer or employee while working with Federal law 
        enforcement officials in furtherance of a Federal criminal 
        investigation--
                    ``(A) while the victim is engaged in the 
                performance of official duties;
                    ``(B) because of the performance of the victim's 
                official duties; or
                    ``(C) because of the victim's status as a public 
                servant; or
            ``(2) any person assisting a Federal criminal 
        investigation, while that assistance is being rendered and 
        because of it,
shall be sentenced according to the terms of section 1111 of title 18, 
United States Code, including by sentence of death or by imprisonment 
for life.''.
    (b) 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. Killing persons aiding Federal investigations.''.

SEC. 215. DEATH PENALTY FOR MURDER OF FEDERAL WITNESSES.

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

SEC. 216. TERRORIST DEATH PENALTY ACT.

    Section 2332(a)(1) of title 18 of the United States Code is amended 
to read as follows:
            ``(1)(A) 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;''.

SEC. 217. PROTECTION OF COURT OFFICERS AND JURORS.

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

SEC. 218. 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 after the section heading 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, a fine under this title, or both.''.

SEC. 219. 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''.

                    TITLE III--HABEAS CORPUS REFORM

SEC. 301. FILING DEADLINES.

    Section 2242 of title 28, United States Code, is amended--
            (1) by substituting for the existing heading the following: 
        ``Filing of habeas corpus petition; time requirements; tolling 
        rules'';
            (2) by inserting ``(a)(1)'' before the first paragraph, 
        ``(2)'' before the second paragraph, ``(3)'' before the third 
        paragraph, and ``(4)'' before the fourth paragraph;
            (3) by amending the third paragraph to read as follows:
    ``Leave to amend or supplement the petition shall be freely given, 
as provided in the rules of procedure applicable to civil actions.''; 
and
            (4) by adding at the end the following:
    ``(b) An application for habeas corpus relief under section 2254 
must be filed in the appropriate district court not later than 180 days 
after--
            ``(1) the last day for filing a petition for a writ of 
        certiorari in the United States Supreme Court on direct appeal 
        or unitary review of the conviction and sentence, if such a 
        petition has not been filed within the time limits established 
        by law;
            ``(2) the date of the denial of a writ of certiorari, if a 
        petition for a writ of certiorari to the highest court of the 
        State on direct appeal or unitary review of the conviction and 
        sentence is filed, within the time limits established by law, 
        in the United States Supreme Court; or
            ``(3) the date of the issuance of the mandate of the United 
        States Supreme Court, if on a petition for a writ of certiorari 
        the Supreme Court grants the writ and disposes of the case in a 
        manner that leaves the sentence undisturbed.
    ``(c)(1) Notwithstanding the filing deadline imposed by subsection 
(b), if a petitioner under a sentence of death has filed a petition for 
post-conviction review in State court within 270 days of the 
appointment of counsel as required by section 2258 of this title, the 
petitioner shall have 180 days to file a petition under this chapter 
upon completion of the State court review.
    ``(2) The time requirements established by subsection (b) shall not 
apply unless the State has provided notice to a petitioner under 
sentence of death of the time requirements established by this section. 
Such notice shall be provided upon the final disposition of the initial 
petition for State post-conviction review.
    ``(3) In a case in which a sentence of death has been imposed, the 
time requirements established by subsection (b) shall be tolled--
            ``(A) during any period in which the State has failed to 
        appoint counsel for State post-conviction review as required in 
        section 2258 of this title;
            ``(B) during any period in which the petitioner is 
        incompetent; and
            ``(C) during an additional period, not to exceed 60 days, 
        if the petitioner makes a showing of good cause.''
    ``(d)(1) Notwithstanding the filing deadline imposed by subsection 
(b), if a petitioner under a sentence other than death has filed--
            ``(A) a petition for post-conviction review in State court; 
        or
            ``(B) a request for counsel for post-conviction review,
before the expiration of the period described in subsection (b), the 
petitioner shall have 180 days to file a petition under this chapter 
upon completion of the State court review.
    ``(2) The time requirements established by subsection (b) shall not 
apply in a case in which a sentence other than death has been imposed 
unless--
            ``(A) the State has provided notice to the petitioner of 
        the time requirements established by this section and of the 
        availability of counsel as described in subparagraph (B). Such 
        notice shall be provided orally at the time of sentencing and 
        in writing at the time the petitioner's conviction becomes 
        final, except that in a case in which the petitioner's 
        conviction becomes final within 30 days of sentencing, the 
        State may provide both the oral and the written notice at 
        sentencing. In all cases, the written notice to the petitioner 
        shall include easily understood instructions for filing a 
        request for counsel for State post-conviction review; and
            ``(B)(i) the State provides counsel to the petitioner upon 
        the filing of a request for counsel for State post-conviction 
        review; or
            ``(ii) the State provides counsel to the petitioner, if a 
        request for counsel for State post-conviction review is not 
        filed, upon the filing of a petition for post-conviction 
        review.
    ``(3) The time requirements established by subsection (b) shall be 
tolled in a case in which a sentence other than death has been 
imposed--
            ``(A) during any period in which the petitioner is 
        incompetent; and
            ``(B) during an additional period, not to exceed 60 days, 
        if the petitioner makes a showing of good cause.''
    ``(e) An application that is not filed within the time requirements 
established by this section shall be governed by section 2244(b).''.

SEC. 302. STAYS OF EXECUTION IN CAPITAL CASES.

    Section 2251 of title 28, United States Code, is amended--
            (1) by inserting ``(a)(1)'' before the first paragraph and 
        ``(2)'' before the second paragraph; and
            (2) by adding at the end the following:
    ``(b) In the case of a person under sentence of death, a warrant or 
order setting an execution shall by stayed upon application to any 
court that would have jurisdiction over a habeas corpus petition under 
this chapter. The stay shall be contingent upon reasonable diligence by 
the applicant in pursuing relief with respect to such sentence and 
shall expire if--
            ``(1) the applicant fails to file for relief under this 
        chapter within the time requirements established by section 
        2242;
            ``(2) upon completion of district court and court of 
        appeals review under section 2254 of this title, the 
        application is denied and--
                    ``(A) the time for filing a petition for a writ of 
                certiorari expires before a petition is filed;
                    ``(B) a timely petition for a writ of certiorari is 
                filed and the Supreme Court denies the petition; or
                    ``(C) a timely petition for a writ of certiorari is 
                filed and, upon consideration of the case, the Supreme 
                Court disposes of it in a manner that leaves the 
                capital sentence undisturbed; or
            ``(3) before a court of competent jurisdiction, in the 
        presence of counsel, and after being advised of the 
        consequences of the decision, the applicant competently and 
        knowingly waives the right to pursue habeas corpus relief under 
        this chapter.
    ``(c) If any one of the conditions in subsection (b) has occurred, 
no Federal court thereafter shall have the authority to enter a stay of 
execution unless the applicant has filed a habeas corpus petition that 
satisfies, on its face, section 2244(b) or section 2256. A stay granted 
pursuant to this subsection shall expire if, after the grant of the 
stay, one of the conditions specified in subsection (b)(2) or (3) 
occurs.'' .

SEC. 303. LIMITS ON NEW RULES; STANDARD OF REVIEW.

    (a) Chapter 153 of title 28, United States Code, is amended by 
adding at the end the following:
``Sec. 2257. Law applicable
    ``(a) Except as provided in subsection (b), in a case subject to 
this chapter, the court shall not announce or apply a new rule to grant 
habeas corpus relief.
    ``(b) A court considering a claim under this chapter shall apply a 
new rule when--
            ``(1) the new rule places a class of individual conduct 
        beyond the power of the criminal law-making authority to 
        proscribe, or prohibits the imposition of a certain type of 
        punishment for a class of persons because of their status or 
        offense; or
            ``(2) the new rule constitutes a watershed rule of criminal 
        procedure implicating the fundamental fairness and accuracy of 
        the criminal proceeding.
    ``(c) As used in this section, a `new rule' is a rule that changes 
the constitutional or statutory standards that prevailed at the time 
the petitioner's conviction and sentence became final on direct 
appeal.''.
    (b) Section 2254(a) of title 28, United States Code, is amended by 
adding at the end the following:
            ``Except as to Fourth Amendment claims controlled by Stone 
        v. Powell, 428 U.S. 465 (1976), the Federal courts, in 
        reviewing an application under this section, shall review de 
        novo the rulings of a State court on matters of Federal law, 
        including the application of Federal law to facts, regardless 
        of whether the opportunity for a full and fair hearing on such 
        Federal questions has been provided in the State court. In the 
        case of a violation that can be harmless, the State shall bear 
        the burden of proving harmlessness.''.

SEC. 304. LIMITS ON SUCCESSIVE PETITIONS.

    Section 2244(b) of title 28, United States Code, is amended to read 
as follows:
    ``(b)(1) A claim presented in a habeas corpus petition that was not 
timely presented in a prior petition shall be dismissed unless--
            ``(A) the petitioner shows that--
                    ``(i) the failure to raise the claim previously was 
                the result of interference by State officials with the 
                presentation of the claim, in violation of the 
                Constitution or laws of the United States;
                    ``(ii) the claim relies on a new rule that is 
                applicable under section 2257 and was previously 
                unavailable; or
                    ``(iii) the factual predicate for the claim could 
                not have been discovered previously through the 
                exercise of reasonable diligence; and
            ``(B) the facts underlying the claim, if proven and viewed 
        in light of the evidence as a whole, would be sufficient to--
                    ``(i) undermine the court's confidence in the 
                factfinder's determination of the applicant's guilt of 
                the offense or offenses for which the sentence was 
                imposed; or
                    ``(ii) demonstrate that no reasonable sentencing 
                authority would have found an aggravating circumstance 
                or other condition of eligibility for a capital or non-
                capital sentence, or otherwise would have imposed a 
                sentence of death.
    ``(2) Notwithstanding other matters pending before the court, 
claims for relief under this subsection from a case wherein a sentence 
of death was imposed shall receive a prompt review in a manner 
consistent with the interests of justice.''.

SEC. 305. CERTIFICATES OF PROBABLE CAUSE.

    The third paragraph of section 2253 of title 28, United States 
Code, is amended by adding at the end the following: ``However, an 
applicant under sentence of death shall have a right of appeal without 
a certificate of probable cause, except after denial of a habeas corpus 
petition filed under section 2244(b).''.

SEC. 306. PROVISION OF COUNSEL.

    (a) In General.--Chapter 153 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 2258. Counsel in capital cases; State court
    ``(a) Counsel.--A State in which a sentence of death may be imposed 
under State law shall provide legal services to--
            ``(1) indigents charged with offenses for which capital 
        punishment is sought;
            ``(2) indigents who have been sentenced to death and who 
        seek appellate, post-conviction, or unitary review in State 
        court; and
            ``(3) indigents who have been sentenced to death and who 
        seek certiorari review of State court judgments in the United 
        States Supreme Court.
The provisions of this section shall not apply or form a basis for 
relief to non-indigents.
    ``(b) Counsel Authority.--
            ``(1) A State in which a sentence of death may be imposed 
        under State law shall, within 180 days after the date of 
        enactment of this subsection, establish a State counsel 
        authority which shall recruit, train, monitor, and support 
        attorneys involved at all stages of capital litigation. The 
        authority shall be comprised of members of the bar with 
        substantial experience in, or commitment to, the representation 
        of criminal defendants in capital cases, and shall be comprised 
        of a balanced representation from each segment of the State's 
        criminal defense bar, such as a statewide defender 
        organization, a capital case resource center, local public 
        defender's offices and private attorneys involved in criminal 
        trial, appellate, post-conviction or unitary review practice.
            ``(2) If a State fails to establish a counsel authority 
        within 180 days after the date of enactment of this subsection, 
        a private cause of action may be brought in Federal district 
        court to enforce this provision by any aggrieved party, 
        including a defendant eligible for appointed representation 
        under this section or a member of an organization eligible for 
        representation on the counsel authority. If the court finds 
        that the State has failed to establish a counsel authority as 
        required by this subsection, the court shall grant appropriate 
        injunctive and declaratory relief. The court shall grant no 
        relief that obstructs the prosecution of State criminal 
        proceedings at any stage.
    ``(c) Duties of Authority.--The counsel authority shall--
            ``(1) establish and publish standards governing the 
        qualification of counsel, which shall include--
                    ``(A) knowledge and understanding of pertinent 
                legal authorities regarding issues in capital cases;
                    ``(B) skills in the conduct of negotiations and 
                litigation in capital cases, the investigation of 
                capital cases and the psychiatric history and current 
                condition of capital clients, and the preparation and 
                writing of legal papers in capital cases;
                    ``(C) the minimum qualifications required by 
                subsection (d); and
                    ``(D) any additional qualifications relevant to the 
                representation of capital defendants;
            ``(2) establish application and certification procedures 
        for attorneys who possess the qualifications established 
        pursuant to paragraph (1);
            ``(3) establish application and certification procedures 
        for attorneys who do not possess all the qualifications 
        established pursuant to paragraph (1) but who possess, in 
        addition to the minimum qualifications required by subsection 
        (d), additional resources (such as an affiliation with a 
        publicly funded defender organization) and experience which 
        enable them to provide quality legal representation comparable 
        to that of an attorney possessing the qualifications 
        established pursuant to paragraph (1);
            ``(4) establish application and certification procedures, 
        to be used on a case by case basis, for attorneys who do not 
        necessarily possess the minimum qualifications required by 
        subsection (d), but who possess other extraordinary experience 
        and resources which enable them to provide quality legal 
        representation comparable to that of an attorney possessing the 
        qualifications established pursuant to paragraph (1);
            ``(5) publish a current roster of attorneys certified 
        pursuant to paragraph (2) or (3) to be appointed in capital 
        cases;
            ``(6) promptly designate a defense team for the relevant 
        stage of proceedings, upon receiving notice from the relevant 
        State court pursuant to subsection (e)(1);
            ``(7) consult with the highest State court having 
        jurisdiction over criminal matters regarding a schedule of 
        hourly rates, periodically publish such schedule as established 
        by such court, assist counsel with obtaining investigative and 
        expert assistance, and publish rules governing the authority's 
        review and certification for payment of reasonable fees and 
        expenses;
            ``(8) establish and publish standards governing the 
        performance of counsel in capital cases, including standards 
        which proscribe abusive practices and mandate sound practices 
        in order to further the fair and orderly administration of 
        justice;
            ``(9) monitor the performance of attorneys certified 
        pursuant to this subsection; and
            ``(10) delete from the roster any attorney who fails to 
        meet the qualification or performance standards established 
        pursuant to this subsection.
    ``(d) Minimum Counsel Standards.--All counsel certified pursuant to 
paragraph (2) or (3) of subsection (c) or appointed pursuant to 
subsection (f) shall possess, in addition to any qualifications 
required by State or local law, the following minimum qualifications:
            ``(1) Familiarity with the performance standards 
        established by the counsel authority.
            ``(2) Familiarity with the appropriate court system, 
        including the procedural rules regarding timeliness of filings 
        and procedural default.
            ``(3) In the case of counsel appointed for the trial or 
        sentencing stages, at least two of the qualifications listed in 
        subparagraph (A) and one of the qualifications listed in 
        subparagraph (B), or one of the alternative qualifications 
        listed in subparagraph (C):
                    ``(A) Qualifying trial experience (must have two): 
                Prior experience within the last 10 years as--
                            ``(i) lead or sole counsel in 12 jury 
                        trials, of which no fewer than five were 
                        criminal jury trials;
                            ``(ii) lead or sole counsel in three 
                        criminal jury trials in which the charge was 
                        murder or aggravated murder;
                            ``(iii) co-counsel in five criminal jury 
                        trials in which the charge was murder or 
                        aggravated murder; or
                            ``(iv) lead or sole counsel in no fewer 
                        than five criminal jury trials involving crimes 
                        of violence against persons, punishable by 
                        imprisonment of over one year;
                which were tried to a verdict or to a deadlocked jury.
                    ``(B) Qualifying capital trial experience (must 
                have one):
                            ``(i) lead or sole counsel within the last 
                        five years in the trial of at least one capital 
                        case which was tried through sentencing;
                            ``(ii) co-counsel in the trial of no fewer 
                        than two capital cases (one of which occurred 
                        within the last five years) which were tried 
                        through sentencing; or
                            ``(iii) successful completion within the 
                        preceding two years of a training program in 
                        capital trial litigation that has been 
                        certified by the counsel authority or, if the 
                        authority has not certified a program, 
                        successful completion of an at least 12-hour 
                        training program in capital trial litigation 
                        for which continuing legal education (CLE) 
                        credit is available, and which the CLE 
                        authority in the State has certified as 
                        comporting with the objectives and requirements 
                        of this section.
                    ``(C) Alternative qualifying experience for trial: 
                Notwithstanding subparagraphs (A) and (B), an attorney 
                shall be eligible for certification pursuant to 
                paragraph (2) or (3) of subsection (c) or appointment 
                pursuant to subsection (f) if the attorney--
                            ``(i) has participated in three evidentiary 
                        hearings and has been employed for more than 
                        one year by a capital resource center, a unit 
                        or its equivalent that specializes in capital 
                        cases within a public defender office, or a 
                        public interest law office specializing in 
                        capital litigation; or
                            (ii) has been certified by the State 
                        capital litigation resource center as competent 
                        to be assigned to a capital trial.
            ``(4) In the case of counsel appointed for appellate or 
        unitary review, at least one of the qualifications listed in 
        subparagraph (A) and one of the qualifications listed in 
        subparagraph (B), or one of the alternative qualifications 
        listed in subparagraph (C):
                    ``(A) Qualifying appellate experience (must have 
                one): Prior experience within the past 5 years as--
                            ``(i) lead or sole counsel in no fewer than 
                        10 appeals, of which no fewer than five were 
                        criminal appeals;
                            ``(ii) lead or sole counsel in no fewer 
                        than six criminal felony appeals; or
                            ``(iii) lead or sole counsel in three 
                        criminal felony appeals, at least one of which 
                        was an appeal of a murder or aggravated murder 
                        conviction;
                which were fully briefed.
                    ``(B) Qualifying capital appellate experience (must 
                have one):
                            ``(i) lead or sole counsel within the last 
                        five years in the appeal or unitary review of 
                        at least one capital case;
                            ``(ii) co-counsel in the appeal or unitary 
                        review of no fewer than two capital cases, one 
                        of which occurred within the last five years;
                            ``(iii) successful completion within the 
                        preceding two years of a training program in 
                        the litigation of capital appeals that has been 
                        certified by the counsel authority or, if the 
                        authority has not certified a program, 
                        successful completion of an at least 12-hour 
                        training program in capital litigation with a 
                        focus on appeals for which continuing legal 
                        education (CLE) credit is available, and which 
                        the CLE authority in the State has certified as 
                        comporting with the objectives and the 
                        requirements of this section.
                    ``(C) Alternative qualifying experience for 
                appeals: Notwithstanding subparagraphs (A) and (B), an 
                attorney shall be eligible for certification pursuant 
                to paragraph (2) or (3) of subsection (c) or for 
                appointment pursuant to subsection (f) if the 
                attorney--
                            ``(i) has been employed for more than one 
                        year by a capital resource center, a unit or 
                        its equivalent that specializes in capital 
                        cases within a public defender office, or a 
                        public interest law office specializing in 
                        capital litigation; or
                            ``(ii) has been certified by the State 
                        capital litigation resource center as competent 
                        to be assigned to a capital appeal.
             ``(5) In the case of counsel appointed for post-conviction 
        proceedings, at least two of the qualifications listed in 
        subparagraph (A) and at least one of the qualifications listed 
        in subparagraph (B), or one of alternative qualifications 
        listed in subparagraph (C):
                    ``(A) Qualifying post-conviction experience (must 
                have two): Prior experience within the past 10 years 
                as--
                            ``(i) lead or sole counsel in no fewer than 
                        3 post-conviction proceedings;
                            ``(ii) co-counsel in no fewer than 5 post-
                        conviction proceedings;
                            ``(iii) one of the trial qualifications 
                        listed in paragraph (3)(A); or
                            ``(iv) one of the appellate qualifications 
                        listed in paragraph (4)(A).
                    ``(B) Qualifying capital post-conviction experience 
                (must have one):
                            ``(i) lead or sole counsel within the last 
                        five years in the trial (through sentencing), 
                        appeal or post-conviction review of at least 
                        one capital case;
                            ``(ii) co-counsel in the trial (through 
                        sentencing), appeal or post-conviction review 
                        of no fewer than two capital cases, one of 
                        which occurred within the last five years; or
                            ``(iii) successful completion during the 
                        preceding two years of a training program in 
                        the litigation of capital post-conviction 
                        proceedings that has been certified by the 
                        counsel authority or, if the authority has not 
                        certified a program, successful completion of 
                        an at least 12-hour training program in capital 
                        litigation with a focus on post-conviction 
                        proceedings for which continuing legal 
                        education (CLE) credit is available, and which 
                        the CLE authority in the State has certified as 
                        comporting with the objectives and requirements 
                        of this section.
                    ``(C) Alternative qualifying experience for post-
                conviction proceedings: Notwithstanding subparagraphs 
                (A) and (B), an attorney shall be eligible for 
                certification pursuant to paragraph (2) or (3) of 
                subsection (c) or appointment pursuant to subsection 
                (f) if the attorney--
                            ``(i) has participated in three evidentiary 
                        hearings and has been employed for more than 
                        one year by a capital litigation resource 
                        center, by a unit or its equivalent that 
                        specializes in capital cases within a public 
                        defender office, or by a public interest law 
                        office specializing in capital litigation; or
                            ``(ii) has been certified by the State 
                        capital litigation resource center as competent 
                        to be assigned to a capital post-conviction 
                        proceeding.
    ``(e) Appointment of Certified Counsel.--
            ``(1) The relevant State court shall notify the counsel 
        authority promptly whenever it is to preside over a capital 
        proceeding involving an indigent capital defendant, appellant, 
        or petitioner. The counsel authority shall designate a defense 
        team as described in paragraph (2) within 15 days after 
        receiving such notice. If the counsel authority designates a 
        defense team within 15 days after receiving such notice, the 
        court shall appoint at least two of the designated attorneys.
            ``(2) If the counsel authority fails to designate a defense 
        team within 15 days after receiving the notice required by 
        paragraph (1), the State court shall appoint at least two 
        attorneys to represent an indigent at trial, on appeal, and in 
        State post-conviction proceedings, including--
                    ``(A) a lead counsel who is on the roster published 
                pursuant to subsection (c)(5);
                    ``(B) a defender organization or resource center 
                which shall designate appropriate attorneys affiliated 
                with the organization, including a lead counsel who is 
                on the roster published pursuant to subsection (c)(5); 
                or
                    ``(C) a lead counsel certified pursuant to 
                subsection (c)(4).
            ``(3) Upon a showing of reasonable need, the relevant State 
        court shall appoint additional counsel as designated by the 
        counsel authority unless it finds such appointment to be 
        unnecessary and unreasonable. The court may appoint additional 
        attorneys not designated by the counsel authority upon a 
        showing of reasonable need.
    ``(f) If there is no roster of attorneys published pursuant to 
subsection (c)(5), if no attorney on the roster can accept the 
appointment, if no attorney certified pursuant to subsection (c)(4) has 
been appointed, and if the counsel authority fails to designate a 
defense team pursuant to subsection (e)(1), the State court shall 
appoint at least 2 attorneys to represent an indigent at trial, on 
appeal, and in State post-conviction proceedings, including--
            ``(1) a lead counsel who possesses the minimum 
        qualifications required by subsection (d); or
            ``(2) a defender organization or resource center which 
        shall designate appropriate attorneys affiliated with the 
        organization, including a lead counsel who possesses the 
        qualifications required by subsection (d).
No attorney shall be appointed pursuant to this subsection unless the 
State court has first conducted an evidentiary hearing on the record 
wherein the court determines, after the lawyer gives sworn testimony 
and presents documentary proof that the lawyer possesses each of the 
qualifications required by subsection (d), that the lawyer possesses 
the requisite qualifications. In making its determination, the Court 
shall, as to each qualification required by subsection (d), make a 
specific finding on the record that the attorney possesses the 
qualification.
    ``(g) No lawyer may be denied certification pursuant to paragraph 
(2) or (3) of subsection (c) or appointment pursuant to subsection (f) 
solely because of prior employment as a prosecutor.
    ``(h) If the counsel authority fails to designate a defense team 
pursuant to subsection (e)(1), the State court shall, prior to 
appointing counsel pursuant to subsection (e)(2) or (f), inquire as to 
whether counsel maintains a workload which, by reason of its excessive 
size, will interfere with the rendering of quality representation or 
create a substantial risk of a breach of professional obligations.
    ``(i) If an individual entitled to an appointment of counsel 
declines to accept an appointment, the State court shall conduct, or 
cause to be conducted, a hearing, at which the individual and counsel 
proposed to be appointed shall be present, to determine the 
individual's competence to decline the appointment, and whether the 
individual has competently and knowingly declined it.
    ``(j) If a State court fails to appoint counsel in a proceeding 
specified in subsection (a), or if a State court in a proceeding 
described in subsection (a)--
            ``(1) fails to appoint the number of counsel required in 
        subsection (e); or
            ``(2) appoints counsel whose name is not on the roster 
        published pursuant to (c)(5); or
            ``(3) appoints counsel who has failed to present a 
        certification issued pursuant to (c)(4); or
            ``(4) when subsection (f) applies, fails to hold the 
        hearing, receive the requisite testimony and proof, or make the 
        determination required by subsection (f); or
            ``(5) fails to appoint at least two members of the defense 
        team designated by the counsel authority pursuant to subsection 
        (e)(1)--
a Federal court, in a proceeding under this chapter, shall neither 
presume findings of fact made at such proceeding to be correct nor 
decline to consider a claim on the ground that it was not raised in 
such proceeding at the time or in the manner prescribed by State law.
    ``(k) No attorney appointed to represent an indigent in State post-
conviction proceedings shall have previously represented the indigent 
at trial or on direct appeal in the case for which the appointment is 
made, unless the indigent and attorney expressly request continued 
representation.
    ``(l)(1) Notwithstanding the rates and maximum limits generally 
applicable to criminal cases and any other provision of law to the 
contrary, and after consultation with the counsel authority, the 
highest State court with jurisdiction over criminal cases shall, at 
least once every two years, after notice and comment, establish a 
schedule of hourly rates for the compensation of attorneys appointed 
pursuant to this section that are reasonable in light of the 
qualifications of attorneys appointed and the local practices for legal 
representation in cases reflecting the complexity and responsibility of 
capital cases. Attorneys appointed pursuant to this section shall 
submit their request for fees and expenses to the counsel authority, on 
an interim basis or at the conclusion of the proceeding. The authority 
shall certify for payment by the court compensation for hours the 
attorneys reasonably expended on the case and for reasonable expenses 
paid for investigative, expert, and other reasonably necessary 
services. The relevant State court, within forty-five days after 
receipt from the authority, shall order payment in the amount certified 
by the authority, unless it determines that an expenditure was 
unreasonably incurred. Final review of disputes over fees may be sought 
in the highest State court having jurisdiction over criminal cases by 
counsel appointed pursuant to this section.
    ``(2) Any aggrieved party may bring a private cause of action in 
Federal district court to enforce the provisions of this subsection for 
the establishment of a schedule of reasonable hourly rates for the 
compensation of attorneys appointed pursuant to this section. In such 
an action, the Federal court shall decide whether the hourly rates as 
scheduled by the State court are reasonable consistent with the 
criteria set forth in this subsection. If the court determines that the 
hourly rates as scheduled are not reasonable, or if no schedule of 
rates has been established, the court shall grant appropriate 
injunctive or declaratory relief. The court shall grant no relief that 
obstructs the prosecution of State criminal proceedings at any stage.
    ``(m) The ineffectiveness or incompetence of counsel appointed 
pursuant to this section during State or Federal post-conviction 
proceedings shall not be a ground for relief in a proceeding arising 
under section 2254 of this title. This limitation shall not preclude 
the appointment of different counsel at any phase of State or Federal 
post-conviction proceedings.
    ``(n) Nothing in this section changes the constitutional standard 
governing claims of ineffective assistance of counsel pursuant to the 
sixth amendment to the Constitution of the United States. A 
determination of noncompliance with this section (as opposed to the 
facts which support such a determination) shall not provide a basis for 
a claim of constitutionally ineffective assistance of counsel.
    ``(o) The requirements of this section shall apply to any 
appointment of counsel made after the effective date of subsection (a) 
in any trial, direct appeal or unitary review of a capital indigent. 
Counsel shall be appointed as provided in this section in any post-
conviction proceeding commenced after the effective date of subsection 
(a). In no case shall counsel appointed for a proceeding commenced 
before the effective date of subsection (a) be subject to the 
requirements of this section, nor shall any person whose counsel was 
appointed for any trial, appeal, post-conviction or unitary review 
before the effective date of subsection (a) be entitled to any relief, 
including application of subsection (j) of this section, based on a 
claim that counsel was not appointed in conformity with subsection (e) 
or (f) of this section.''.

SEC. 307. CAPITAL LITIGATION FUNDING.

    (a) 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 title, 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.''.
    (b) Grants for State Counsel.--
            (1) Title I of the Omnibus Crime Control and Safe Streets 
        Act of 1968 (42 U.S.C. 3711 et seq.) is amended--
            (i) by redesignating part R as part S;
            (ii) by redesignating section 1801 as section 1901; and
            (iii) by inserting after part Q the following new part:

                   ``PART R--GRANTS FOR STATE COUNSEL

``SEC. 1801. GRANT AUTHORIZATION.

    ``The Director of the Bureau of Justice Assistance shall make 
grants to States from amounts appropriated to carry out this part for 
the use by States and by local entities in the States to comply with 
section 2258 of title 28, United States Code.

``SEC. 1802. STATE APPLICATIONS.

    ``(a) In General.--(1) To request a grant under this part, the 
chief executive of a State shall submit an application to the Director 
in such form and containing such information as the Director may 
reasonably require.
    ``(2) An application under paragraph (1) shall include 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.
    ``(b) State Office.--The office designated under section 507 of 
title 1--
            ``(1) shall prepare the application required under this 
        section; and
            ``(2) shall administer grant funds received under this 
        part, including review of spending, processing, progress, 
        financial reporting, technical assistance, grant adjustments, 
        accounting, auditing, and fund disbursement.

``SEC. 1803. REVIEW OF STATE APPLICATIONS.

    ``(a) In General.--The Director shall make a grant under section 
1801 to carry out the activities described in the application submitted 
by an applicant under section 1802 upon determining that--
            ``(1) the application is consistent with the requirements 
        of this part; and
            ``(2) before the approval of the application, the Director 
        has made an affirmative finding in writing that the proposed 
        activities have been reviewed in accordance with this part.
    ``(b) Approval.--Each application submitted under section 1802 
shall be considered approved, in whole or in part, by the Director not 
later than 45 days after first received unless the Director informs the 
applicant of specific reasons for disapproval.
    ``(c) Disapproval Notice and Reconsideration.--The Director shall 
not disapprove any application without first affording the applicant 
reasonable notice and an opportunity for reconsideration.

``SEC. 1804. DISTRIBUTION OF FUNDS.

    ``The Federal share of a grant made under this part may not 
exceed--
            ``(1) 75 percent of the cost of carrying out a State's 
        programs under this part for each of the fiscal years 1994, 
        1995, and 1996; and
            ``(2) 50 percent of such cost for any subsequent fiscal 
        year.

``SEC. 1805. EVALUATION.

    ``(a) In General.--(1) Each State that receives a grant under this 
part shall submit to the Director an evaluation not later than March 1 
of each year in accordance with guidelines issued by the Director.
    ``(2) The Director may waive the requirement specified in 
subsection (a) if the Director determines that such evaluation is not 
warranted in the case of the State involved.
    ``(b) Distribution.--The Director shall make available to the 
public, on a timely basis, evaluations received under subsection (a).
    ``(c) Administrative Costs.--A State or local entity may use not 
more than 5 percent of the funds it receives under this part to develop 
an evaluation program under this section.''.
    (2) 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.) is amended by striking the matter relating to part R and 
inserting the following:

                  ``PART R--GRANTS FOR STATE COUNSEL.

``Sec. 1801. Grant authorization.
``Sec. 1802. State applications.
``Sec. 1803. Review of State applications.
``Sec. 1804. Distribution of funds.
``Sec. 1805. Evaluation.
    (3) 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)) is amended by adding at the end the following new paragraph.
            ``(12) There are authorized to be appropriated such sums as 
        may be necessary in each fiscal year to carry out activities 
        under Part R.''.

SEC. 308. CERTIFICATION OF COMPLIANCE.

    Subpart I of part E of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968, as amended, is amended at the end by adding 
the following section:
    ``In any application for a grant under this subpart, a State in 
which a sentence of death may be imposed shall certify whether it will 
comply with the provisions of section 2258 of title 28, United States 
Code. If the State elects not to certify that it will comply with the 
provisions of such section, the amount of funds which the State is 
eligible to receive under this subpart shall be reduced by 75 percent. 
If the State certifies that it will comply with the provisions of 
section 2258 of title 28, United States Code, the amount of funds which 
the State is eligible to receive under this subpart shall not be 
reduced by virtue of any failure or alleged failure to carry out any of 
the requirements of section 2258 of title 28, United States Code. The 
sole enforcement mechanisms for the requirements set forth in section 
2258 of title 28, United States Code, shall be those provided in that 
section, to which the State shall be deemed to have consented by 
certifying that it will comply with the provisions of section 2258 of 
title 28, United States Code.''.

SEC. 309. TABLE OF SECTIONS.

    The table of sections at the beginning of chapter 153 of title 28, 
United States Code, is amended--
    (1) by conforming the entry for Sec. 2242 in accordance with Sec. 
302 of this title; and
    (2) by adding at the end the following:
  
``2256. Capital cases; new evidence.
``2257. Law applicable.
``2258. Counsel in capital cases; State court.''.

SEC. 310. EFFECTIVE DATE.

    (a) Except as provided in subsection (b), this title shall take 
effect 180 days after the date of the enactment of this Act.
    (b) Section 2258(b) of title 28, United States Code, as added by 
section 306, shall take effect on the date of the enactment of this 
Act.

                     TITLE IV--COERCED CONFESSIONS

SEC. 401. COERCED CONFESSIONS.

    The admission into evidence of a coerced confession shall not be 
considered harmless error. If, in any proceeding, a Federal court 
determines that a criminal judgment was obtained in violation of the 
Constitution of the United States, the court shall grant relief unless, 
in the case of a Constitutional violation that can be harmless, the 
violation was harmless beyond a reasonable doubt. For the purposes of 
this section, a confession is coerced if it is elicited involuntarily 
in violation of the fifth or fourteenth articles of amendment to the 
Constitution of the United States.

                           TITLE V--FIREARMS

           Subtitle A--Brady Handgun Violence Prevention Act

SEC. 501. FEDERAL FIREARMS LICENSEE REQUIRED TO CONDUCT CRIMINAL 
              BACKGROUND CHECK BEFORE TRANSFER OF FIREARM TO 
              NONLICENSEE.

    (a) Interim Provision.--
            (1) In general.--Section 922 of title 18, United States 
        Code, is amended by adding at the end the following:
    ``(s)(1) Beginning on the date that is 90 days after the date of 
enactment of this subsection and ending on the day before the date that 
the Attorney General certifies under section 502(d)(1) of the Violent 
Crime Control and Law Enforcement Act of 1993 that the national instant 
criminal background check system is established (except as provided in 
paragraphs (2) and (3) of such section), it shall be unlawful for any 
licensed importer, licensed manufacturer, or licensed dealer to sell, 
deliver, or transfer a handgun to an individual who is not licensed 
under section 923, unless--
            ``(A) after the most recent proposal of such transfer by 
        the transferee--
                    ``(i) the transferor has--
                            ``(I) received from the transferee a 
                        statement of the transferee containing the 
                        information described in paragraph (3);
                            ``(II) verified the identity of the 
                        transferee by examining the identification 
                        document presented;
                            ``(III) within 1 day after the transferee 
                        furnishes the statement, provided notice of the 
                        contents of the statement to the chief law 
                        enforcement officer of the place of residence 
                        of the transferee; and
                            ``(IV) within 1 day after the transferee 
                        furnishes the statement, transmitted a copy of 
                        the statement to the chief law enforcement 
                        officer of the place of residence of the 
                        transferee; and
                    ``(ii)(I) 5 business days (as defined by days in 
                which State offices are open) have elapsed from the 
                date the transferor furnished notice of the contents of 
                the statement to the chief law enforcement officer, 
                during which period the transferor has not received 
                information from the chief law enforcement officer that 
                receipt or possession of the handgun by the transferee 
                would be in violation of Federal, State, or local law; 
                or
                    ``(II) the transferor has received notice from the 
                chief law enforcement officer that the officer has no 
                information indicating that receipt or possession of 
                the handgun by the transferee would violate Federal, 
                State, or local law;
            ``(B) the transferee has presented to the transferor a 
        written statement, issued by the chief law enforcement officer 
        of the place of residence of the transferee during the 10-day 
        period ending on the date of the most recent proposal of such 
        transfer by the transferee, stating that the transferee 
        requires access to a handgun because of a threat to the life of 
        the transferee or of any member of the household of the 
        transferee;
            ``(C)(i) the transferee has presented to the transferor a 
        permit that--
                    ``(I) allows the transferee to possess a handgun; 
                and
                    ``(II) was issued not more than 5 years earlier by 
                the State in which the transfer is to take place; and
            ``(ii) the law of the State provides that such a permit is 
        to be issued only after an authorized government official has 
        verified that the information available to such official does 
        not indicate that possession of a handgun by the transferee 
        would be in violation of law;
            ``(D) the law of the State requires that, before any 
        licensed importer, licensed manufacturer, or licensed dealer 
        completes the transfer of a handgun to an individual who is not 
        licensed under section 923, an authorized government official 
        verify that the information available to such official does not 
        indicate that possession of a handgun by the transferee would 
        be in violation of law, except that this subparagraph shall not 
        apply to a State that, on the date of certification pursuant to 
        section 502(d) of the Violent Crime Control and Law Enforcement 
        Act of 1993, is not in compliance with the timetable 
        established pursuant to section 502(c) of such Act;
            ``(E) the Secretary has approved the transfer under section 
        5812 of the Internal Revenue Code of 1986; or
            ``(F) on application of the transferor, the Secretary has 
        certified that compliance with subparagraph (A)(i)(III) is 
        impracticable because--
                    ``(i) the ratio of the number of law enforcement 
                officers of the State in which the transfer is to occur 
                to the number of square miles of land area of the State 
                does not exceed 0.0025;
                    ``(ii) the business premises of the transferor at 
                which the transfer is to occur are extremely remote in 
                relation to the chief law enforcement officer; and
                    ``(iii) there is an absence of telecommunications 
                facilities in the geographical area in which the 
                business premises are located.
    ``(2) A chief law enforcement officer to whom a transferor has 
provided notice pursuant to paragraph (1)(A)(i)(III) shall make a 
reasonable effort to ascertain within 5 business days whether the 
transferee has a criminal record or whether there is any other legal 
impediment to the transferee's receiving a handgun, including research 
in whatever State and local recordkeeping systems are available and in 
a national system designated by the Attorney General.
    ``(3) The statement referred to in paragraph (1)(A)(i)(I) shall 
contain only--
            ``(A) the name, address, and date of birth appearing on a 
        valid identification document (as defined in section 1028(d)(1) 
        of this title) of the transferee containing a photograph of the 
        transferee and a description of the identification used;
            ``(B) a statement that transferee--
                    ``(i) is not under indictment for, and has not been 
                convicted in any court of, a crime punishable by 
                imprisonment for a term exceeding 1 year;
                    ``(ii) is not a fugitive from justice;
                    ``(iii) is not an unlawful user of or addicted to 
                any controlled substance (as defined in section 102 of 
                the Controlled Substances Act);
                    ``(iv) has not been adjudicated as a mental 
                defective or been committed to a mental institution;
                    ``(v) is not an alien who is illegally or 
                unlawfully in the United States;
                    ``(vi) has not been discharged from the Armed 
                Forces under dishonorable conditions; and
                    ``(vii) is not a person who, having been a citizen 
                of the United States, has renounced such citizenship;
            ``(C) the date the statement is made; and
            ``(D) notice that the transferee intends to obtain a 
        handgun from the transferor.
    ``(4) Any transferor of a handgun who, after such transfer, 
receives a report from a chief law enforcement officer containing 
information that receipt or possession of the handgun by the transferee 
violates Federal, State, or local law shall immediately communicate all 
information the transferor has about the transfer and the transferee 
to--
            ``(A) the chief law enforcement officer of the place of 
        business of the transferor; and
            ``(B) the chief law enforcement officer of the place of 
        residence of the transferee.
    ``(5) Any transferor who receives information, not otherwise 
available to the public, in a report under this subsection shall not 
disclose such information except to the transferee, to law enforcement 
authorities, or pursuant to the direction of a court of law.
    ``(6)(A) Any transferor who sells, delivers, or otherwise transfers 
a handgun to a transferee shall retain the copy of the statement of the 
transferee with respect to the handgun transaction, and shall retain 
evidence that the transferor has complied with subclauses (III) and 
(IV) of paragraph (1)(A)(i) with respect to the statement.
    ``(B) Unless the chief law enforcement officer to whom a statement 
is transmitted under paragraph (1)(A)(i)(IV) determines that a 
transaction would violate Federal, State, or local law--
            ``(i) the officer shall, within 20 business days after the 
        date the transferee made the statement on the basis of which 
        the notice was provided, destroy the statement and any record 
        containing information derived from the statement;
            ``(ii) the information contained in the statement shall not 
        be conveyed to any person except a person who has a need to 
        know in order to carry out this subsection; and
            ``(iii) the information contained in the statement shall 
        not be used for any purpose other than to carry out this 
        subsection.
    ``(7) A chief law enforcement officer or other person responsible 
for providing criminal history background information pursuant to this 
subsection shall not be liable in an action at law for damages--
            ``(A) for failure to prevent the sale or transfer of a 
        handgun to a person whose receipt or possession of the handgun 
        is unlawful under this section; or
            ``(B) for preventing such a sale or transfer to a person 
        who may lawfully receive or possess a handgun.
    ``(8) For purposes of this subsection, the term `chief law 
enforcement officer' means the chief of police, the sheriff, or an 
equivalent officer or the designee of any such individual.
    ``(9) The Secretary shall take necessary actions to ensure that the 
provisions of this subsection are published and disseminated to 
licensed dealers, law enforcement officials, and the public.''.
            (2) Handgun defined.--Section 921(a) of such title is 
        amended by adding at the end the following:
    ``(29) The term `handgun' means--
            ``(A) a firearm which 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 from which a firearm 
        described in subparagraph (A) can be assembled.''.
    (b) Permanent Provision.--Section 922 of title 18, United States 
Code, as amended by subsection (a)(1) of this section, is amended by 
adding at the end the following:
    ``(t)(1) Beginning on the date that the Attorney General certifies 
under section 502(d)(1) of the Violent Crime Control and Law 
Enforcement Act of 1993 that the national instant criminal background 
check system is established (except as provided in paragraphs (2) and 
(3) of such section), a licensed importer, licensed manufacturer, or 
licensed dealer shall not transfer a firearm to any other person who is 
not such a licensee, unless--
            ``(A) before the completion of the transfer, the licensee 
        contacts the national instant criminal background check system 
        established under section 503 of such Act;
            ``(B) the system notifies the licensee that the system has 
        not located any record that demonstrates that the receipt of a 
        firearm by such other person would violate subsection (g) or 
        (n) of this section or any State or local law; and
            ``(C) the transferor has verified the identity of the 
        transferee by examining a valid identification document (as 
        defined in section 1028(d)(1) of this title) of the transferee 
        containing a photograph of the transferee.
    ``(2) Paragraph (1) shall not apply to a firearm transfer between a 
licensee and another person if--
            ``(A)(i) such other person has presented to the licensee a 
        permit that--
                    ``(I) allows such other person to possess a 
                firearm; and
                    ``(II) was issued not more than 5 years earlier by 
                the State in which the transfer is to take place; and
            ``(ii) the law of the State provides that such a permit is 
        to be issued only after an authorized government official has 
        verified that the information available to such official does 
        not indicate that possession of a firearm by such other person 
        would be in violation of law;
            ``(B) the Secretary has approved the transfer under section 
        5812 of the Internal Revenue Code of 1986; or
            ``(C) on application of the transferor, the Secretary has 
        certified that compliance with paragraph (1)(A) is 
        impracticable because--
                    ``(i) the ratio of the number of law enforcement 
                officers of the State in which the transfer is to occur 
                to the number of square miles of land area of the State 
                does not exceed 0.0025;
                    ``(ii) the business premises of the licensee at 
                which the transfer is to occur are extremely remote in 
                relation to the chief law enforcement officer (as 
                defined in subsection (u)(8)); and
                    ``(iii) there is an absence of telecommunications 
                facilities in the geographical area in which the 
                business premises are located.
    ``(3) If the national instant criminal background check system 
notifies the licensee that the information available to the system does 
not demonstrate that the receipt of a firearm by such other person 
would violate subsection (g) or (n), and the licensee transfers a 
firearm to such other 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) In addition to the authority provided under section 923(e), 
if the licensee knowingly transfers a firearm to such other person and 
knowingly fails to comply with paragraph (1) of this subsection with 
respect to the transfer and, at the time such other person most 
recently proposed the transfer, the national instant criminal 
background check system was operating and information was available to 
the system demonstrating that receipt of a firearm by such other person 
would violate subsection (g) or (n) of this section, the Secretary may, 
after notice and opportunity for a hearing, suspend for not more than 6 
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 $5,000.
    ``(5) Neither a local government nor an employee of the Federal 
Government or of any State or local government, responsible for 
providing information to the national instant criminal background check 
system shall be liable in an action at law for damages--
            ``(A) for failure to prevent the sale or transfer of a 
        handgun to a person whose receipt or possession of the handgun 
        is unlawful under this section; or
            ``(B) for preventing such a sale or transfer to a person 
        who may lawfully receive or possess a handgun.''.
    (c) Penalty.--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 violates subsection (s) or (t) of section 
922 shall be fined not more than $1,000, imprisoned for not more than 1 
year, or both.''.

SEC. 502. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.

    (a) Establishment of System.--The Attorney General of the United 
States shall establish a national instant criminal background check 
system that any licensee may contact for information on whether receipt 
of a firearm by a prospective transferee thereof would violate 
subsection (g) or (n) of section 922 of title 18, United States Code, 
or any State or local law.
    (b) Expedited Action by the Attorney General.--The Attorney General 
shall expedite--
            (1) the upgrading and indexing of State criminal history 
        records in the Federal criminal records system maintained by 
        the Federal Bureau of Investigation;
            (2) the development of hardware and software systems to 
        link State criminal history check systems into the national 
        instant criminal background check system established by the 
        Attorney General pursuant to this section; and
            (3) the current revitalization initiatives by the Federal 
        Bureau of Investigation for technologically advanced 
        fingerprint and criminal records identification.
    (c) Provision of State Criminal Records to the National Instant 
Criminal Background Check System.--(1) Not later than 6 months after 
the date of enactment of this Act, the Attorney General shall--
            (A) determine the type of computer hardware and software 
        that will be used to operate the national instant criminal 
        background check system and the means by which State criminal 
        records systems will communicate with the national system;
            (B) investigate the criminal records system of each State 
        and determine for each State a timetable by which the State 
        should be able to provide criminal records on an on line 
        capacity basis to the national system;
            (C) notify each State of the determinations made pursuant 
        to subparagraphs (A) and (B).
    (2) The Attorney General shall require as a part of the State 
timetable that the State achieve, by the end of 5 years after the date 
of enactment of this Act, at least 80 percent currency of case 
dispositions in computerized criminal history files for all cases in 
which there has been an event of activity within the last 5 years and 
continue to maintain such a system.
    (d) National System Certification.--(1) On the date that is 30 
months after the date of enactment of this Act, and at any time 
thereafter, the Attorney General shall determine whether--
            (A) the national system has achieved at least 80 percent 
        currency of case dispositions in computerized criminal history 
        files for all cases in which there has been an event of 
        activity within the last 5 years on a national average basis; 
        and
            (B) the States are in compliance with the timetable 
        established pursuant to subsection (c),
and, if so, shall certify that the national system is established.
    (2) If, on the date of certification in paragraph (1) of this 
subsection, a State is not in compliance with the timetable established 
pursuant to subsection (c) of this section, section 922(s) of title 18, 
United States Code, shall remain in effect in such State and section 
922(t) of such title shall not apply to the State. The Attorney General 
shall certify if a State subject to the provisions of section 922(s) 
under the preceding sentence achieves compliance with its timetable 
after the date of certification in paragraph (1) of this subsection, 
and section 922(s) of title 18, United States Code, shall not apply to 
such State and section 922(t) of such title shall apply to the State.
    (3) Six years after the date of enactment of this Act, the Attorney 
General shall certify whether or not a State is in compliance with 
subsection (c)(2) of this section and if the State is not in 
compliance, section 922(s) of title 18, United States Code, shall apply 
to the State and section 922(t) of such title shall not apply to the 
State. The Attorney General shall certify if a State subject to the 
provisions of section 922(s) under the preceding sentence achieves 
compliance with the standards in subsection (c)(2) of this section, and 
section 922(s) of title 18, United States Code, shall not apply to the 
State and section 922(t) of such title shall apply to the State.
    (e) Notification of Licensees.--On establishment of the system 
under this section, the Attorney General shall notify each licensee and 
the chief law enforcement officer of each State of the existence and 
purpose of the system and the means to be used to contact the system.
    (f) Administrative Provisions.--
            (1) Authority to obtain official information.--
        Notwithstanding any other law, the Attorney General may secure 
        directly from any department or agency of the United States 
        such information on persons for whom receipt of a firearm would 
        violate subsection (g) or (n) of section 922 of title 18, 
        United States Code, or any State or local law, as is necessary 
        to enable the system to operate in accordance with this 
        section. On request of the Attorney General, the head of such 
        department or agency shall furnish such information to the 
        system.
            (2) Other authority.--The Attorney General shall develop 
        such computer software, design and obtain such 
        telecommunications and computer hardware, and employ such 
        personnel, as are necessary to establish and operate the system 
        in accordance with this section.
    (g) Correction of Erroneous System Information.--If the system 
established under this section informs an individual contacting the 
system that receipt of a firearm by a prospective transferee would 
violate subsection (g) or (n) of section 922 of title 18, United States 
Code, or any State or local law, the prospective transferee may request 
the Attorney General to provide the prospective transferee with the 
reasons therefor. Upon receipt of such a request, the Attorney General 
shall immediately comply with the request. The prospective transferee 
may submit to the Attorney General information that to correct, 
clarify, or supplement records of the system with respect to the 
prospective transferee. After receipt of such information, the Attorney 
General shall immediately consider the information, investigate the 
matter further, and correct all erroneous Federal records relating to 
the prospective transferee and give notice of the error to any Federal 
department or agency or any State that was the source of such erroneous 
records.
    (h) Regulations.--After 90 days notice to the public and an 
opportunity for hearing by interested parties, the Attorney General 
shall prescribe regulations to ensure the privacy and security of the 
information of the system established under this section.
    (i) Prohibitions Relating to Establishment of Registration Systems 
with Respect to Firearms.--No department, agency, officer, or employee 
of the United States may--
            (1) require that any record or portion thereof maintained 
        by the system established under this section be recorded at or 
        transferred to a facility owned, managed, or controlled by the 
        United States or any State or political subdivision thereof; or
            (2) use the system established under this section to 
        establish any system for the registration of firearms, firearm 
        owners, or firearm transactions or dispositions, except with 
        respect to persons prohibited by section 922(g) or (n) of title 
        18, United States Code, from receiving a firearm.
    (j) Definitions.--As used in this section:
            (1) Licensee.--The term ``licensee'' means a licensed 
        importer, licensed manufacturer, or licensed dealer under 
        section 923 of title 18, United States Code.
            (2) Other terms.--The terms ``firearm'', ``licensed 
        importer'', ``licensed manufacturer'', and ``licensed dealer'' 
        have the meanings stated in section 921(a) (3), (9), (10), and 
        (11), respectively, of title 18, United States Code.

SEC. 503. FUNDING FOR IMPROVEMENT OF CRIMINAL RECORDS.

    (a) Improvements in State Records.--
            (1) Use of formula grants.--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--
                    (A) in paragraph (2) by striking ``and'' after the 
                semicolon;
                    (B) in paragraph (3) by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(4) the improvement of State record systems and the 
        sharing with the Attorney General of all of the records 
        described in paragraphs (1), (2), and (3) of this subsection 
        and the records required by the Attorney General under section 
        502 of the Violent Crime Control and Law Enforcement Act of 
        1993, for the purpose of implementing such Act.''.
            (2) Additional funding.--
                    (A) Grants for the improvement of criminal 
                records.--The Attorney General, through the Bureau of 
                Justice Statistics, shall, subject to appropriations 
                and with preference to States that as of the date of 
                enactment of this Act have the lowest percent currency 
                of case dispositions in computerized criminal history 
                files, make a grant to each State to be used--
                            (i) for the creation of a computerized 
                        criminal history record system or improvement 
                        of an existing system;
                            (ii) to improve accessibility to the 
                        national instant criminal background system; 
                        and
                            (iii) upon establishment of the national 
                        system, to assist the State in the transmittal 
                        of criminal records to the national system.
                    (B) Authorization of appropriations.--There are 
                authorized to be appropriated for grants under 
                subparagraph (A) a total of $100,000,000 for fiscal 
                year 1994 and all fiscal years thereafter.
    (b) Withholding State Funds.--Effective on the date of enactment of 
this Act the Attorney General may reduce by up to 50 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 the timetable established for such State under section 
502(c) of this Act.
    (c) Withholding of Department of Justice Funds.--If the Attorney 
General does not certify the national instant criminal background check 
system pursuant to section 502(d)(1) by--
            (1) 30 months after the date of enactment of this Act the 
        general administrative funds appropriated to the Department of 
        Justice for the fiscal year beginning in the calendar year in 
        which the date that is 30 months after the date of enactment of 
        this Act falls shall be reduced by 5 percent on a monthly 
        basis; and
            (2) 42 months after the date of enactment of this Act the 
        general administrative funds appropriated to the Department of 
        Justice for the fiscal year beginning in the calendar year in 
        which the date that is 42 months after the date of enactment of 
        this Act falls shall be reduced by 10 percent on a monthly 
        basis.

                    Subtitle B--Gun Crime Penalties

SEC. 504. ENHANCED PENALTY FOR USE OF A SEMIAUTOMATIC FIREARM DURING A 
              CRIME OF VIOLENCE OR A DRUG TRAFFICKING CRIME.

    (a) Amendment to Sentencing Guidelines.--Pursuant to its authority 
under section 994 of title 28, United States Code, the United States 
Sentencing Commission shall amend its sentencing guidelines to provide 
an appropriate enhancement of the punishment for a crime of violence 
(as defined in section 924(c)(3) of title 18, United States Code) or a 
drug trafficking crime (as defined in section 924(c)(2) of title 18, 
United States Code) if a semiautomatic firearm is involved.
    (b) Semiautomatic Firearm.--As used in subsection (a), 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. 505. ENHANCED PENALTY FOR SECOND OFFENSE OF USING AN EXPLOSIVE TO 
              COMMIT A FELONY.

    Pursuant to its authority under section 994 of title 28, United 
States Code, the United States Sentencing Commission shall promulgate 
amendments to its sentencing guidelines to provide an appropriate 
enhancement or penalties where a defendant convicted under section 
844(h) of title 18, United States Code, has previously been convicted 
under that section.

SEC. 506. SMUGGLING FIREARMS IN AID OF DRUG TRAFFICKING.

    Section 924 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(i) 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),
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. 507. THEFT OF FIREARMS AND EXPLOSIVES.

    (a) Firearms.--Section 924 of title 18, United States Code, is 
amended by adding after the subsection added by section 506 of this Act 
the following:
    ``(j) 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 more than 10 years, and may be fined under this 
title, or both.''.
    (b) Explosives.--Section 844 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(k) Whoever steals any explosives materials which are moving as, 
or are a part of, or which have moved in, interstate or foreign 
commerce shall be imprisoned for not more than 10 years, or fined under 
this title, or both.''.

SEC. 508. INCREASED PENALTY FOR KNOWINGLY MAKING FALSE, MATERIAL 
              STATEMENT IN CONNECTION WITH THE ACQUISITION OF A FIREARM 
              FROM A LICENSED DEALER.

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

SEC. 509. 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. 510. SUMMARY DESTRUCTION OF EXPLOSIVES SUBJECT TO FORFEITURE.

    Section 844(c) of title 18, United States Code, is amended by 
redesignating subsection (c) as subsection (c)(1) and by adding 
paragraphs (2) and (3) as follows:
    ``(2) Notwithstanding the provisions of 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. 511. ELIMINATION OF OUTMODED LANGUAGE RELATING TO PAROLE.

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

SEC. 512. 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. 513. USING A FIREARM IN THE COMMISSION OF COUNTERFEITING OR 
              FORGERY.

    Pursuant to its authority under section 994 of title 28, United 
States Code, the United States Sentencing Commission shall amend its 
sentencing guidelines to provide an appropriate enhancement of the 
punishment for a defendant convicted of a felony under chapter 25 of 
title 18, United States Code, if the defendant used or carried a 
firearm (as defined in section 921(a)(3) of title 18, United States 
Code) during and in relation to the felony.

SEC. 514. ENHANCED PENALTIES FOR FIREARMS POSSESSION BY VIOLENT FELONS 
              AND SERIOUS DRUG OFFENDERS.

    Pursuant to its authority under section 994 of title 28, United 
States Code, the United States Sentencing Commission shall amend its 
sentencing guidelines to provide--
            (1) an appropriate enhancement of the punishment for a 
        defendant convicted of an offense under section 922(g) of title 
        18, United States Code, if the defendant has 1 prior conviction 
        by any court referred to in section 922(g)(1) of such title for 
        a violent felony (as defined in section 924(e)(2)(B) of such 
        title) or a serious drug offense (as defined in section 
        924(e)(2)(A) of such title); and
            (2) an appropriate enhancement of the punishment for such a 
        defendant, if the defendant has 2 such prior convictions for a 
        violent felony (as so defined) or a serious drug offense (as so 
        defined).

SEC. 515. 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. 516. FIREARMS AND EXPLOSIVES CONSPIRACY.

    (a) Firearms.--Section 924 of title 18, United States Code, is 
amended by adding after the subsections added by sections 506 and 
507(a) of this Act the following:
    ``(k) Whoever conspires to commit any offense defined in 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 title 18, United States Code, is 
amended by adding after the subsection added by section 507(b) of this 
Act the following:
    ``(l) Whoever conspires to commit any offense defined in 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. 517. STUDY OF INCENDIARY AMMUNITION; REPORT TO CONGRESS.

    (a) Study.--The Secretary of the Treasury shall conduct a study of 
the incendiary ammunition offered for sale under the brand name 
``Dragon's Breath'' and also known as the ``Three Second Flame 
Thrower'', and all incendiary ammunition of similar function or effect, 
for the purpose of determining whether there is a reasonable sporting 
use for such ammunition and whether there is a reasonable use for such 
ammunition in law enforcement.
    (b) Report to the Congress.--Within 1 year after the date of the 
enactment of this Act, the Secretary of the Treasury shall submit to 
the Committee on the Judiciary of the House of Representatives a report 
containing the results of the study required by subsection (a) and 
recommendations for such legislative or administrative action, with 
respect to the ammunition referred to in subsection (a), as the 
Secretary deems appropriate.

SEC. 518. THEFT OF FIREARMS OR EXPLOSIVES FROM LICENSEE.

    (a) Firearms.--Section 924 of title 18, United States Code, is 
amended by adding after the subsections added by sections 506, 507(a), 
and 516(a) of this Act the following:
    ``(l) Whoever steals any firearm from a licensed importer, licensed 
manufacturer, licensed dealer or licensed collector shall be fined in 
accordance with this title, imprisoned not more than ten years, or 
both.''.
    (b) Explosives.--Section 844 of title 18, United States Code, is 
amended by adding after the subsections added by sections 507(b) and 
516(b) of this Act the following:
    ``(m) Whoever steals any explosive material from a licensed 
importer, licensed manufacturer or licensed dealer, or from any 
permittee shall be fined in accordance with this title, imprisoned not 
more than ten years, or both.''.

SEC. 519. DISPOSING OF EXPLOSIVES TO PROHIBITED PERSONS.

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

SEC. 520. CLARIFICATION OF ``BURGLARY'' UNDER THE ARMED CAREER CRIMINAL 
              STATUTE.

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

SEC. 521. INCREASED PENALTY FOR INTERSTATE GUN TRAFFICKING.

    Section 924 of title 18, United States Code, is amended by adding 
after the subsections added by sections 506, 507(a), 516(a), and 518(a) 
of this Act the following:
    ``(m) 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, fined in accordance 
with this title, or both.''.

                        TITLE VI--YOUTH VIOLENCE

                          Subtitle A--General

SEC. 601. STRENGTHENING FEDERAL PENALTIES FOR EMPLOYING PERSONS UNDER 
              THE AGE OF 18 YEARS TO DISTRIBUTE DRUGS.

    Section 419 of the Controlled Substances Act (21 U.S.C. 860) is 
amended as follows:
            (1) at the end of subsection (b) by adding the following:
    ``(c) Notwithstanding any other provision of law, any person at 
least 18 years of age who knowingly and intentionally--
            ``(1) employs, hires, uses, persuades, induces, entices, or 
        coerces, a person under 18 years of age to violate any 
        provision of this section; or
            ``(2) employs, hires, uses, persuades, induces, entices, or 
        coerces, a person under 18 years of age to assist in avoiding 
        detection or apprehension for any offense of this section by 
        any Federal, State, or local law enforcement official,
is punishable by a term of imprisonment, or fine, or both, up to triple 
that authorized by section 841(b) of this title.''

SEC. 602. COMMENCEMENT OF JUVENILE PROCEEDING.

    Section 5032 of title 18, United States Code, is amended by 
striking ``Any proceedings against a juvenile under this chapter or as 
an adult shall not be commenced until'' and inserting ``A juvenile 
shall not be transferred to adult prosecution nor shall a hearing be 
held under section 5037 (disposition after a finding of juvenile 
delinquency) until''.

SEC. 603. BINDOVER SYSTEM.

    Section 501(b) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3751), as amended by section 1002, is 
amended--
            (1) in paragraph (21) by striking ``and'' at the end;
            (2) in paragraph (22) by striking the period at the end and 
        inserting ``; and''; and
            (3) inserting after paragraph (22) the following:
            ``(23) programs which address the need for effective 
        bindover systems for the prosecution of violent 16- and 17-year 
        olds in courts with jurisdiction over adults for the crimes 
        of--
                    ``(A) murder in the first degree;
                    ``(B) murder in the second degree;
                    ``(C) attempted murder;
                    ``(D) armed robbery when armed with a firearm;
                    ``(E) aggravated battery or assault when armed with 
                a firearm;
                    ``(F) criminal sexual penetration when armed with a 
                firearm; and
                    ``(G) drive-by shootings as described in section 
                922 of title 18, United States Code.''.

                   Subtitle B--Criminal Street Gangs

SEC. 604. CRIMINAL STREET GANGS.

    (a) In General.--Title 18, United States Code, is amended by 
inserting after chapter 25 the following:

                  ``CHAPTER 26--CRIMINAL STREET GANGS

``Sec.
``521.  Criminal street gangs.
``Sec. 521. Criminal street gangs
    ``(a) Whoever, under the circumstances described in subsection (c) 
of this section, commits an offense described in subsection (b) of this 
section, shall, in addition to any other sentence authorized by law, be 
sentenced to a term of imprisonment of not more than 10 years and may 
also be fined under this title. Such sentence of imprisonment shall run 
consecutively to any other sentence imposed.
    ``(b) The offenses referred to in subsection (a) of this section 
are--
            ``(1) any Federal felony involving a controlled substance 
        (as defined in section 102 of the Controlled Substances Act) 
        for which the maximum penalty is not less than five years;
            ``(2) any Federal felony crime of violence;
            ``(3) a conspiracy to commit any of the offenses described 
        in paragraphs (1) through (3) of this subsection.
    ``(c) The circumstances referred to in subsection (a) of this 
section are that the offense described in subsection (b) was committed 
as a member of, or on behalf of, a criminal street gang and that person 
has been convicted, within the past 5 years for--
            ``(1) any offense listed in subsection (b) of this section;
            ``(2) any State offense--
                    ``(A) involving a controlled substance (as defined 
                in section 102 of the Controlled Substances Act) for 
                which the maximum penalty is not less than one year 
                after imprisonment; or
                    ``(B) that is a crime of violence; for which the 
                maximum penalty is more than 1 year's imprisonment; or
            ``(3) any Federal or State offense that involves the theft 
        or destruction of property for which the maximum penalty is 
        more than 1 year's imprisonment; or
            ``(4) a conspiracy to commit any of the offenses described 
        in paragraphs (1) through (3) of this subsection.
    ``(d) For purposes of this section--
            ``(1) the term `criminal street gang' means any group, 
        club, organization, or association of 5 or more persons--
                    ``(A) whose members engage or have engaged within 
                the past 5 years, in a continuing series of violations 
                of any offense treated in subsection (b); and
                    ``(B) whose activities affect interstate or foreign 
                commerce; and
            ``(2) the term `conviction' includes a finding, under State 
        or Federal law, that a person has committed an act of juvenile 
        delinquency involving a violent or controlled substances 
        felony.''.
    (b) Clerical Amendment.--The table of chapters for part I of title 
18, United States Code, is amended by inserting after the item relating 
to chapter 25 the following:

``26. Criminal street gangs.................................     521''.

        Subtitle C--Certainty of Punishment for Young Offenders

SEC. 605. CERTAINTY OF PUNISHMENT FOR YOUNG OFFENDERS.

    (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 S as part T;
            (2) by redesignating section 1901 as section 2001; and
            (3) by inserting after part R the following:

         ``PART S--ALTERNATIVE PUNISHMENTS FOR YOUNG OFFENDERS

``SEC. 1901. GRANT AUTHORIZATION.

    ``(a) In General.--The Director of the Bureau of Justice Assistance 
(referred to in this part as the `Director') may make grants under this 
part to States, for the use by States and units of local government in 
the States, for the purpose of developing alternative methods of 
punishment for young offenders to traditional forms of incarceration 
and probation.
    ``(b) Alternative Methods.--The alternative methods of punishment 
referred to in subsection (a) should ensure certainty of punishment for 
young offenders and promote reduced recidivism, crime prevention, and 
assistance to victims, particularly for young offenders who can be 
punished more effectively in an environment other than a traditional 
correctional facility, including--
            ``(1) alternative sanctions that create accountability and 
        certainty of punishment for young offenders;
            ``(2) boot camp prison programs;
            ``(3) technical training and support for the implementation 
        and maintenance of State and local restitution programs for 
        young offenders;
            ``(4) innovative projects;
            ``(5) correctional options, such as community-based 
        incarceration, weekend incarceration, and electric monitoring 
        of offenders;
            ``(6) community service programs that provide work service 
        placement for young offenders at nonprofit, private 
        organizations and community organizations;
            ``(7) demonstration restitution projects that are evaluated 
        for effectiveness; and
            ``(8) innovative methods that address the problems of young 
        offenders convicted of serious substance abuse, including 
        alcohol abuse, and gang-related offenses, including technical 
        assistance and training to counsel and treat such offenders.

``SEC. 1902. STATE APPLICATIONS.

    ``(a) In General.--(1) To request a grant under this part, the 
chief executive of a State shall submit an application to the Director 
in such form and containing such information as the Director may 
reasonably require.
    ``(2) Such application shall include 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.
    ``(b) State Office.--The office designated under section 507 of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3757)--
            ``(1) shall prepare the application as required under 
        section 1902 of the Violent Crime Control and Law Enforcement 
        Act of 1993; and
            ``(2) shall administer grant funds received under this 
        part, including, review of spending, processing, progress, 
        financial reporting, technical assistance, grant adjustments, 
        accounting, auditing, and fund disbursement.

``SEC. 1903. REVIEW OF STATE APPLICATIONS.

    ``(a) In General.--The Bureau shall make a grant under section 
1901(a) of the Violent Crime Control and Law Enforcement Act of 1993 to 
carry out the projects described in the application submitted by such 
applicant under section 1902 of the Violent Crime Control and Law 
Enforcement Act of 1993 upon determining that--
            ``(1) the application is consistent with the requirements 
        of this part; and
            ``(2) before the approval of the application, the Bureau 
        has made an affirmative finding in writing that the proposed 
        project has been reviewed in accordance with this part.
    ``(b) Approval.--Each application submitted under section 1902 of 
the Violent Crime Control and Law Enforcement Act of 1993 shall be 
considered approved, in whole or in part, by the Bureau not later than 
45 days after first received unless the Bureau informs the applicant of 
specific reasons for disapproval.
    ``(c) Restriction.--Grant funds received under this part shall not 
be used for land acquisition or construction projects, other than 
alternative facilities described in section 1901(b) of the Violent 
Crime Control and Law Enforcement Act of 1993 for young offenders.
    ``(d) Disapproval Notice and Reconsideration.--The Bureau shall not 
disapprove any application without first affording the applicant 
reasonable notice and an opportunity for reconsideration.

``SEC. 1904. LOCAL APPLICATIONS.

    ``(a) In General.--(1) To request funds under this part from a 
State, the chief executive of a unit of local government shall submit 
an application to the office designated under section 1902(b) of the 
Violent Crime Control and Law Enforcement Act of 1993.
    ``(2) Such application shall be considered approved, in whole or in 
part, by the State not later than 45 days after such application is 
first received unless the State informs the applicant in writing of 
specific reasons for disapproval.
    ``(3) The State shall not disapprove any application submitted to 
the State without first affording the applicant reasonable notice and 
an opportunity for reconsideration.
    ``(4) If such application is approved, the unit of local government 
is eligible to receive such funds.
    ``(b) Distribution to Units of Local Government.--A State that 
receives funds under section 1901 of the Violent Crime Control and Law 
Enforcement Act of 1993 in a fiscal year shall make such funds 
available to units of local government with an application that has 
been submitted and approved by the State within 45 days after the 
Bureau has approved the application submitted by the State and has made 
funds available to the State. The Director shall have the authority to 
waive the 45-day requirement in this section upon a finding that the 
State is unable to satisfy such requirement under State statutes.

``SEC. 1905. ALLOCATION AND DISTRIBUTION OF FUNDS.

    ``(a) State Distribution.--Of the total amount appropriated under 
this part in any fiscal year--
            ``(1) 0.4 percent shall be allocated to each of the 
        participating States; and
            ``(2) of the total funds remaining after the allocation 
        under paragraph (1), there shall be allocated to each of the 
        participating States an amount which bears the same ratio to 
        the amount of remaining funds described in this paragraph as 
        the number of young offenders of such State bears to the number 
        of young offenders in all the participating States.
    ``(b) Local Distribution.--(1) A State that receives funds under 
this part in a fiscal year shall distribute to units of local 
government in such State for the purposes specified under section 1901 
of the Violent Crime Control and Law Enforcement Act of 1993 that 
portion of such funds which bears the same ratio to the aggregate 
amount of such funds as the amount of funds expended by all units of 
local government for criminal justice in the preceding fiscal year 
bears to the aggregate amount of funds expended by the State and all 
units of local government in such State for criminal justice in such 
preceding fiscal year.
    ``(2) Any funds not distributed to units of local government under 
paragraph (1) shall be available for expenditure by such State for 
purposes specified under section 1901 of the Violent Crime Control and 
Law Enforcement Act of 1993.
    ``(3) If the Director determines, on the basis of information 
available during any fiscal year, that a portion of the funds allocated 
to a State for such fiscal year will not be used by such State or that 
a State is not eligible to receive funds under section 1901 of the 
Violent Crime Control and Law Enforcement Act of 1993, the Director 
shall award such funds to units of local government in such State 
giving priority to the units of local government that the Director 
considers to have the greatest need.
    ``(c) 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 1902(a) of the 
Violent Crime Control and Law Enforcement Act of 1993 for the fiscal 
year for which the projects receive assistance under this part.

``SEC. 1906. EVALUATION.

    ``(a) In General.--(1) Each State and local unit of government that 
receives a grant under this part shall submit to the Director an 
evaluation not later than March 1 of each year in accordance with 
guidelines issued by the Director and in consultation with the National 
Institute of Justice.
    ``(2) The Director may waive the requirement specified in 
subsection (a) if the Director determines that such evaluation is not 
warranted in the case of the State or unit of local government 
involved.
    ``(b) Distribution.--The Director shall make available to the 
public on a timely basis evaluations received under subsection (a).
    ``(c) Administrative Costs.--A State and local unit of government 
may use not more than 5 percent of funds it receives under this part to 
develop an evaluation program under this section.''.
    (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 S and 
inserting the following:

         ``Part S--Alternative Punishments for Young Offenders

``Sec. 1901. Grant authorization.
``Sec. 1902. State applications.
``Sec. 1903. Review of State applications.
``Sec. 1904. Local applications.
``Sec. 1905. Allocation and distribution of funds.
``Sec. 1906. Evaluation.
             ``Part T--Transition; Effective Date; Repealer

``Sec. 2001. Continuation of rules, authorities, and proceedings.''.
    (c) Definition.--Section 901(a) of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3791(a)), is amended by adding at 
the end the following new section:
            ``(25) The term `young offender' means an individual 28 
        years of age or younger.''.
    (d) 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 after paragraph (12) the following:
    ``(13) There are authorized to be appropriated $200,000,000 for 
each of the fiscal years 1994, 1995, and 1996 to carry out the projects 
under part S.''.

    Subtitle D--Juvenile Drug Trafficking and Gang Prevention Grants

SEC. 606. JUVENILE DRUG TRAFFICKING AND GANG PREVENTION GRANTS.

    The Omnibus Crime Control and Safe Streets Act of 1968, is 
amended--
            (1) by redesignating part T as part U;
            (2) by redesignating section 2001 as section 2101; and
            (3) by inserting after part S the following new part:

     ``PART T--JUVENILE DRUG TRAFFICKING AND GANG PREVENTION GRANTS

``SEC. 2001. GRANT AUTHORIZATION.

    ``(a) In General.--The Director is authorized to make grants to 
States and units of general local government or combinations thereof to 
assist them in planning, establishing, operating, coordinating, and 
evaluating projects directly or through grants and contracts with 
public and private agencies for the development of more effective 
programs, including education, prevention, treatment and enforcement 
programs to reduce--
            ``(1) the formation or continuation of juvenile gangs; and
            ``(2) the use and sale of illegal drugs by juveniles.
    ``(b) Uses of Funds.--The grants made under this section may be 
used for any of the following specific purposes:
            ``(1) to reduce the participation of juveniles in drug 
        related crimes (including drug trafficking and drug use), 
        particularly in and around elementary and secondary schools;
            ``(2) to reduce juvenile involvement in organized crime, 
        drug and gang-related activity, particularly activities that 
        involve the distribution of drugs by or to juveniles;
            ``(3) to develop new and innovative means to address the 
        problems of juveniles convicted of serious, drug-related and 
        gang-related offenses;
            ``(4) to reduce juvenile drug and gang-related activity in 
        public housing projects;
            ``(5) to provide technical assistance and training to 
        personnel and agencies responsible for the adjudicatory and 
        corrections components of the juvenile justice system to 
        identify drug-dependent or gang-involved juvenile offenders and 
        to provide appropriate counseling and treatment to such 
        offenders;
            ``(6) to promote the involvement of all juveniles in lawful 
        activities, including--
                    ``(A) school programs that teach that drug and gang 
                involvement are wrong;
                    ``(B) programs such as youth sports and other 
                activities, including girls and boys clubs, scout 
                troops, and little leagues;
            ``(7) to facilitate Federal and State cooperation with 
        local school officials to develop education, prevention and 
        treatment programs for juveniles who are likely to participate 
        in drug trafficking, drug use or gang-related activities;
            ``(8) to provide pre- and post-trial drug abuse treatment 
        to juveniles in the juvenile justice system; with the highest 
        possible priority to providing drug abuse treatment to drug-
        dependent pregnant juveniles and drug-dependent juvenile 
        mothers;
            ``(9) to provide education and treatment programs for youth 
        exposed to severe violence in their homes, schools, or 
        neighborhoods;
            ``(10) to establish sports mentoring and coaching programs 
        in which athletes serve as role models for youth to teach that 
        athletics provide a positive alternative to drug and gang 
        involvement;
            ``(11) to develop new programs that specifically address 
        the unique crime, drug, and alcohol-related challenges faced by 
        juveniles living at or near International Ports of Entry and in 
        other international border communities, including rural 
        localities; and
            ``(12) to identify promising new juvenile drug demand 
        reduction and enforcement programs, to replicate and 
        demonstrate these programs to serve as national, regional or 
        local models that could be used, in whole or in part, by other 
        public and private juvenile justice programs, and to provide 
        technical assistance and training to public or private 
        organizations to implement similar programs.

``SEC. 2002. APPLICATIONS.

    ``A State or unit of local government applying for grants under 
this part shall submit an application to the Director in such form and 
containing such information as the Director shall reasonably 
require.''.
    (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 T and 
inserting the following:

     ``Part T--Juvenile Drug Trafficking and Gang Prevention Grants

``Sec. 2001. Grant authorization.
``Sec. 2002. Applications.
             ``Part V--Transition; Effective Date; Repealer

``Sec. 2101. 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), is amended by adding after paragraph (13) the following:
    ``(14) There are authorized to be appropriated $100,000,000 for 
each of the fiscal years 1994 and 1995 to carry out the projects under 
part T.''.

                          TITLE VII--TERRORISM

          Subtitle A--Maritime Navigation and Fixed Platforms

SEC. 701. OFFENSES OF VIOLENCE AGAINST MARITIME NAVIGATION OR FIXED 
              PLATFORMS.

    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 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) through (6); or
            ``(8) attempts to do any act prohibited under paragraphs 
        (1) through (7);
shall be fined under this title or imprisoned not more than twenty 
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 do any act prohibited under paragraphs 
(2), (3) or (5) of subsection (a), with apparent determination and will 
to carry the threat into execution, if the threatened act 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) There is jurisdiction over the prohibited activity in 
subsections (a) and (b)--
            ``(1) in the case of a covered ship, if--
                    ``(A) such activity is committed--
                            ``(i) by a person engaged in terrorism or 
                        who acts on behalf of a terrorist group;
                            ``(ii) against or on board a ship flying 
                        the flag of the United States at the time the 
                        prohibited activity is committed;
                            ``(iii) in the United States and the 
                        activity is not prohibited as a crime by the 
                        State in which the activity takes place; or
                            ``(iv) the activity takes place on a ship 
                        flying the flag of a foreign country or outside 
                        the United States, 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, if the offender is 
        later found in the United States after such activity is 
        committed; and
            ``(3) in the case of any vessel, if such activity is 
        committed in an attempt to compel the United States to do or 
        abstain from doing any act.
    ``(d) As used in this section, the term--
            ``(1) the term `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) the term `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) the term `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) the term `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) the term `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 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) through (4); or
            ``(6) attempts to do anything prohibited under paragraphs 
        (1) through (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 do anything prohibited under paragraphs 
(2) or (3) of subsection (a), with apparent determination and will to 
carry the threat into execution, if the threatened act 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) There is jurisdiction over the prohibited activity in 
subsections (a) and (b) if--
            ``(1) such activity is committed against or on board a 
        fixed platform--
                    ``(A) that is located on the continental shelf of 
                the United States, if--
                            ``(i) by a person engaged in terrorism or 
                        who acts on behalf of a terrorist group; or
                            ``(ii) if the activity is not prohibited as 
                        a crime by the State in which the activity 
                        takes place;
                    ``(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.''.

SEC. 702. CLERICAL AMENDMENTS.

    The table of sections at the beginning of chapter 111 of title 18, 
United States Code, is amended by adding at the end thereof the 
following:

        ``2280. Violence against maritime navigation.
        ``2281. Violence against maritime fixed 
            platforms.''.

SEC. 703. EFFECTIVE DATES.

    This subtitle and the amendments made by this subtitle 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.

                     Subtitle B--General Provisions

SEC. 704. WEAPONS OF MASS DESTRUCTION.

    (a) Offense.--Chapter 113A of title 18, United States Code, as 
added by the preceding section, is amended by inserting after section 
2332 the following new section:
``Sec. 2332a. 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 inserting 
after the item relating to section 2332 the following:

``2332a. Use of weapons of mass destruction.''.

SEC. 705. JURISDICTION OVER CRIMES AGAINST UNITED STATES NATIONALS ON 
              CERTAIN FOREIGN SHIPS.

    Section 7 of title 18, United States Code (relating to the special 
maritime and territorial jurisdiction of the United States), is amended 
by inserting at the end thereof the following new paragraph:
    ``(8) To an extent permitted by international law, any foreign 
vessel during a voyage having a scheduled departure from or arrival in 
the United States with respect to an offense committed by or against a 
national of the United States.''.

SEC. 706. TORTURE.

    (a) 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) `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 or her custody or physical control;
            ``(2) `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) `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 commits or attempts to 
commit torture 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) There is jurisdiction over the prohibited activity in 
subsection (a) if: (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.''.
    (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 113A the following new item:

``113B. Torture.............................................   2340.''.
    (c) Effective Date.--This section 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.

SEC. 707. 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 3285 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 ten years next after such 
offense shall have been committed.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 213 is amended by inserting below the item for:

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

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

SEC. 708. F.B.I. ACCESS TO TELEPHONE SUBSCRIBER INFORMATION.

    (a) Required Certification.--Section 2709(b) of title 18, United 
States Code, is amended to read as follows:
    ``(b) Required Certification.--The Director of the Federal Bureau 
of Investigation, or his or her designee in a position not lower than 
Deputy Assistant Director, may--
            ``(1) request the name, address, length of service, and 
        toll billing records of a person or entity if the Director (or 
        his or her designee in a position not lower than Deputy 
        Assistant Director) certifies in writing to the wire or 
        electronic communication service provider to which the request 
        is made that--
                    ``(A) the name, address, length of service, and 
                toll billing records sought are relevant to an 
                authorized foreign counterintelligence investigation; 
                and
                    ``(B) there are specific and articulable facts 
                giving reason to believe that the person or entity to 
                whom the information sought pertains is a foreign power 
                or an agent of a foreign power as defined in section 
                101 of the Foreign Intelligence Surveillance Act of 
                1978 (50 U.S.C. 1801); and
            ``(2) request the name, address, and length of service of a 
        person or entity if the Director (or his or her designee in a 
        position not lower than Deputy Assistant Director) certifies in 
        writing to the wire or electronic communication service 
        provider to which the request is made that--
                    ``(A) the information sought is relevant to an 
                authorized foreign counterintelligence investigation; 
                and
                    ``(B) there are specific and articulable facts 
                giving reason to believe that communication facilities 
                registered in the name of the person or entity have 
                been used, through the services of such provider, in 
                communication with--
                            ``(i) an individual who is engaging or has 
                        engaged in international terrorism as defined 
                        in section 101(c) of the Foreign Intelligence 
                        Surveillance Act or clandestine intelligence 
                        activities that involve or may involve a 
                        violation of the criminal statutes of the 
                        United States; or
                            ``(ii) a foreign power or an agent of a 
                        foreign power under circumstances giving reason 
                        to believe that the communication concerned 
                        international terrorism as defined in section 
                        101(c) of the Foreign Intelligence Surveillance 
                        Act or clandestine intelligence activities that 
                        involve or may involve a violation of the 
                        criminal statutes of the United States.''.
    (b) Report to Judiciary Committees.--Section 2709(e) of title 18, 
United States Code, is amended by adding after ``Senate'' the 
following: ``, and the Committees on the Judiciary of the Senate and 
the House of Representatives,''.

SEC. 709. VIOLENCE AT AIRPORTS SERVING INTERNATIONAL CIVIL AVIATION.

    (a) Offense.--Chapter 2 of title 18, United States Code, is amended 
by adding at the end thereof the following:
``Sec. 36. Violence at international airports
    ``(a) Whoever 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 bodily 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 twenty 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) There is jurisdiction over the prohibited activity in 
subsection (a) if--
            ``(1) the prohibited activity takes place in the United 
        States and--
                    ``(A) the perpetrator of the prohibited activity 
                engages in terrorism or acts on behalf of a terrorist 
                group;
                    ``(B) the activity violates subsection (a)(1) and 
                the person against whom the violence is directed is 
                engaged in international air travel;
                    ``(C) the activity violates subsection (a)(2) and 
                the facility or aircraft destroyed or damaged is owned 
                by or leased by a foreign flag carrier or the services 
                disrupted are primarily for the benefit of such a 
                carrier; or
                    ``(D) the activity is not prohibited as a crime by 
                the law of the State in which the airport is located; 
                or
            ``(2) the prohibited activity takes place outside of the 
        United States and the offender is later found in the United 
        States.
    ``(c) For the purposes of this section, the terms `terrorism' and 
`terrorist group' have, respectively, the meanings given those terms in 
section 140 of Public Law 100-204 (22 U.S.C. 2656f).''.
    (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. 710. PREVENTING ACTS OF TERRORISM AGAINST CIVILIAN AVIATION.

    (a) In General.--Chapter 2 of title 18, United States Code, is 
amended by adding at the end thereof the following new section:
``Sec. 37. Violations of Federal aviation security regulations
    ``Whoever willfully violates a security regulation under part 107 
or 108 of title 14, Code of Federal Regulations (relating to airport 
and airline security) issued pursuant to section 1356 and 1357 of title 
49, United States Code, shall be fined under this title or imprisoned 
for not more than one year, or both.''.
    (b) Table of Sections.--The table of sections for chapter 2 of 
title 18, United States Code, is amended by adding at the end thereof 
the following:

``37. Violations of Federal aviation security regulations.''.

SEC. 711. COUNTERFEITING UNITED STATES CURRENCY ABROAD.

    (a) In General.--Chapter 25 of title 18, United States Code, is 
amended by adding before section 471 the following new section:
``Sec. 470. Counterfeit acts committed outside the United States
    ``Whoever, outside the United States, engages in the act of--
            ``(1) making, dealing, or possessing any counterfeit 
        obligation or other security of the United States; or
            ``(2) making, dealing, or possessing any plate, stone, or 
        other thing, or any part thereof, used to counterfeit such 
        obligation or security,
if such act would constitute a violation of section 471, 473, or 474 of 
this title if committed within the United States, shall be fined under 
this title, imprisoned for not more than 20 years, or both.''.
    (b) Table of Sections.--The table of sections for chapter 25 of 
title 18, United States Code, is amended by adding before section 471 
the following:

``470. Counterfeit acts committed outside the United States.''.
    (c) Table of Chapters.--The table of chapters at the beginning of 
part I of title 18, United States Code, is amended by striking the item 
for chapter 25 and inserting the following:

``25. Counterfeiting and forgery............................     470''.

SEC. 712. ENHANCEMENT OF PENALTIES FOR TERRORIST CRIMES.

    Pursuant to its authority under section 944 of title 28, United 
States Code, the United States Sentencing Commission shall amend its 
sentencing guidelines to provide an appropriate enhancement of the 
punishment 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. 713. ALIEN WITNESS COOPERATION.

    (a) Establishment of New Nonimmigrant Classification.--Section 
101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)) is amended--
            (1) by striking ``or'' at the end of subparagraph (Q),
            (2) by striking the period at the end of subparagraph (R) 
        and inserting ``; or'', and
            (3) by adding at the end the following new subparagraph:
            ``(S) subject to section 214(j), an alien--
                    ``(i) whom the Attorney General determines (I) is 
                in possession of critical reliable information 
                concerning a criminal organization or enterprise, and 
                (II) is willing to supply such information to Federal 
                or State law enforcement authorities or a Federal or 
                State court of law, and
                    ``(ii) whose presence in the United States the 
                Attorney General determines is essential to the success 
                of an authorized criminal investigation or the 
                successful prosecution of an individual involved in the 
                criminal organization or enterprise,
        and the spouse and minor children of the alien if accompanying, 
        or following to join, the alien.''.
    (b) Conditions of Entry.--
            (1) Waiver of grounds for exclusion.--Section 212(d) of 
        such Act (8 U.S.C. 1182(d)) is amended by inserting at the 
        beginning the following new paragraph:
    ``(1) The Attorney General may, in his or her discretion, waive the 
application of subsection (a) (other than paragraph (3)(E) thereof) in 
the case of a nonimmigrant described in section 101(a)(15)(S), if the 
Attorney General deems it in the national interest. Any such waiver 
shall be deemed a waiver of any comparable ground for deportation under 
section 241(a)(1)(A).''.
            (2) Numerical limitations; period of admission; etc.--
        Section 214 of such Act (8 U.S.C. 1184) is amended by adding at 
        the end the following new subsection:
    ``(j)(1) The number of aliens who may be provided a visa as 
nonimmigrants under section 101(a)(15)(S) in any fiscal year may not 
exceed 100.
    ``(2) No alien may be admitted into the United States as such a 
nonimmigrant more than 5 years after the date of the enactment of this 
subsection.
    ``(3) The period of admission of an alien as such a nonimmigrant 
may not exceed 3 years. Such period may not be extended by the Attorney 
General.
    ``(4) As a condition for the admission, and continued stay in 
lawful status, of such a nonimmigrant, the nonimmigrant (A) shall 
report not less often than quarterly to the Commissioner such 
information concerning the alien's whereabouts and activities as the 
Attorney General may require, (B) may not be convicted of any criminal 
offense in the United States after the date of such admission, and (C) 
must have executed a form that waives the nonimmigrant's right to 
contest, other than on the basis of an application for withholding of 
deportation, any action for deportation of the alien instituted before 
the alien obtains lawful permanent resident status.
    ``(5) The Attorney General shall submit a report annually to the 
Committees on the Judiciary of the House of Representatives and of the 
Senate concerning (A) the number of such nonimmigrants admitted, (B) 
the number of successful criminal prosecutions or investigations 
resulting from cooperation of such aliens, (C) the number of such 
nonimmigrants whose admission has not resulted in successful criminal 
prosecution or investigation, and (D) the number of such nonimmigrants 
who have failed to report quarterly (as required under paragraph (4)) 
or who have been convicted of crimes in the United States after the 
date of their admission as such a nonimmigrant.''.
            (3) Prohibition of change of status.--Section 248(1) of 
        such Act (8 U.S.C. 1258(1)) is amended by striking ``or (K)'' 
        and inserting ``(K), or (S)''.
    (c) Adjustment to Permanent Resident Status.--
            (1) In general.--Section 245 of such Act (8 U.S.C. 1255), 
        as amended by section 2(c) of the Armed Forces Immigration 
        Adjustment Act of 1991, is amended by adding at the end the 
        following new subsection:
    ``(h)(1) If, in the opinion of the Attorney General--
            ``(A) a nonimmigrant admitted into the United States under 
        section 101(a)(15)(S) has supplied information described in 
        clauses (i) and (ii) of such section, and
            ``(B) the provision of such information has substantially 
        contributed to the success of an authorized criminal 
        investigation or the successful prosecution of an individual 
        described in clause (ii) of such section,
the Attorney General may adjust the status of the alien (and the spouse 
and child of the alien if admitted under such section) to that of an 
alien lawfully admitted for permanent residence if the alien is not 
described in section 212(a)(3)(E).
    ``(2) Upon the approval of adjustment of status under paragraph 
(1), the Attorney General shall record the alien's lawful admission for 
permanent residence as of the date of such approval and the Secretary 
of State shall reduce by one the number of visas authorized to be 
issued under section 201(d) and 203(b)(4) for the fiscal year then 
current.''.
            (2) Exclusive means of adjustment.--Section 245(c) of such 
        Act (8 U.S.C. 1255(c)) is amended by striking ``or'' before 
        ``(4)'' and by inserting before the period at the end the 
        following: ``; or (5) an alien who was admitted as a 
        nonimmigrant described in section 101(a)(15)(S)''.
    (d) Extending Period of Deportation for Conviction of a Crime.--
Section 241(a)(2)(A)(i)(I) of such Act (8 U.S.C. 1251(a)(2)(A)(i)(I)) 
is amended by inserting ``(or 10 years in the case of an alien provided 
lawful permanent resident status under section 245(h))'' after ``five 
years''.

SEC. 714. PROVIDING MATERIAL SUPPORT TO TERRORISTS.

    (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 or disguises the nature, location, source, or 
ownership of material support or resources, knowing or intending that 
they are to be used in preparation for, or in carrying out, 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 
in preparation for or carrying out the concealment of an escape from 
the commission of any such violation, shall be fined under this title, 
imprisoned not more than ten years, or both. For purposes of this 
section, the term `material support or resources' means currency or 
other financial securities, financial services, lodging, training, 
safehouses, false documentation or identification, communications 
equipment, facilities, weapons, lethal substances, explosives, 
personnel, transportation, and other physical assets, but does not 
include humanitarian assistance to persons not directly involved in 
such violations.''.
    (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:

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

              TITLE VIII--SEXUAL VIOLENCE AND CHILD ABUSE

                        Subtitle A--Sexual Abuse

SEC. 801. SEXUAL ABUSE AMENDMENTS.

    (a) Definitions of Sexual Act and Sexual Contact for Victims Under 
the Age of 16.--Paragraph (2) of section  2245  of  title  18,  United  
States Code, is amended--
            (1) in subparagraph (B), by striking ``or'' after the 
        semicolon;
            (2) in subparagraph (C) by striking ``; and'' and inserting 
        in lieu thereof ``; 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;''.

                      Subtitle B--Child Protection

SEC. 802. PURPOSES.

    The purposes of this subtitle are--
            (1) to establish a national system through which child care 
        organizations may obtain the benefit of a nationwide criminal 
        background check to determine if persons who are current or 
        prospective child care providers have committed child abuse 
        crimes or other serious crimes;
            (2) to establish minimum criteria for State laws and 
        procedures that permit child care organizations to obtain the 
        benefit of nationwide criminal background checks to determine 
        if persons who are current or prospective child care providers 
        have committed child abuse crimes or other serious crimes;
            (3) to provide procedural rights for persons who are 
        subject to nationwide criminal background checks, including 
        procedures to challenge and correct inaccurate background check 
        information;
            (4) to establish a national system for the reporting by the 
        States of child abuse crime information; and
            (5) to document and study the problem of child abuse by 
        providing statistical and informational data on child abuse and 
        related crimes to the Department of Justice and other 
        interested parties.

SEC. 803. DEFINITIONS.

    For the purposes of this subtitle--
            (1) the term ``authorized agency'' means a division or 
        office of a State designated by a State to report, receive, or 
        disseminate information under this subtitle;
            (2) the term ``background check crime'' means a child abuse 
        crime, murder, manslaughter, aggravated assault, kidnapping, 
        arson, sexual assault, domestic violence, incest, indecent 
        exposure, prostitution, promotion of prostitution, and a felony 
        offense involving the use or distribution of a controlled 
        substance;
            (3) the term ``child'' means a person who is a child for 
        purposes of the criminal child abuse law of a State;
            (4) the term ``child abuse'' means the physical or mental 
        injury, sexual abuse or exploitation, neglectful treatment, 
        negligent treatment, or maltreatment of a child by any person 
        in violation of the criminal child abuse laws of a State, but 
        does not include discipline administered by a parent or legal 
        guardian to his or her child provided it is reasonable in 
        manner and moderate in degree and otherwise does not constitute 
        cruelty;
            (5) the term ``child abuse crime'' means a crime committed 
        under any law of a State that establishes criminal penalties 
        for the commission of child abuse by a parent or other family 
        member of a child or by any other person;
            (6) the term ``child abuse crime information'' means the 
        following facts concerning a person who is under indictment 
        for, or has been convicted of, a child abuse crime: full name, 
        race, sex, date of birth, height, weight, a brief description 
        of the child abuse crime or offenses for which the person has 
        been arrested or is under indictment or has been convicted, the 
        disposition of the charge, and any other information that the 
        Attorney General determines may be useful in identifying 
        persons arrested for, under indictment for, or convicted of, a 
        child abuse crime;
            (7) the term ``child care'' means the provision of care, 
        treatment, education, training, instruction, supervision, or 
        recreation to children;
            (8) the term ``domestic violence'' means a felony or 
        misdemeanor involving the use or threatened use of force by--
                    (A) a present or former spouse of the victim;
                    (B) a person with whom the victim shares a child in 
                common;
                    (C) a person who is cohabiting with or has 
                cohabited with the victim as a spouse; or
                    (D) any person defined as a spouse of the victim 
                under the domestic or family violence laws of a State;
            (9) the term ``exploitation'' means child pornography and 
        child prostitution;
            (10) the term ``mental injury'' means harm to a child's 
        psychological or intellectual functioning, which may be 
        exhibited by severe anxiety, depression, withdrawal or outward 
        aggressive behavior, or a combination of those behaviors or by 
        a change in behavior, emotional response, or cognition;
            (11) the term ``national criminal background check system'' 
        means the system maintained by the Federal Bureau of 
        Investigation based on fingerprint identification or any other 
        method of positive identification;
            (12) the term ``negligent treatment'' means the failure to 
        provide, for a reason other than poverty, adequate food, 
        clothing, shelter, or medical care so as to seriously endanger 
        the physical health of a child;
            (13) the term ``physical injury'' includes lacerations, 
        fractured bones, burns, internal injuries, severe bruising, and 
        serious bodily harm;
            (14) the term ``provider'' means--
                    (A) a person who--
                            (i) is employed by or volunteers with a 
                        qualified entity;
                            (ii) who owns or operates a qualified 
                        entity; or
                            (iii) who has or may have unsupervised 
                        access to a child to whom the qualified entity 
                        provides child care; and
                    (B) a person who--
                            (i) seeks to be employed by or volunteer 
                        with a qualified entity;
                            (ii) seeks to own or operate a qualified 
                        entity; or
                            (iii) seeks to have or may have 
                        unsupervised access to a child to whom the 
                        qualified entity provides child care;
            (15) the term ``qualified entity'' means a business or 
        organization, whether public, private, for-profit, not-for-
        profit, or voluntary, that provides child care or child care 
        placement services, including a business or organization that 
        licenses or certifies others to provide child care or child 
        care placement services;
            (16) the term ``sex crime'' means an act of sexual abuse 
        that is a criminal act;
            (17) the term ``sexual abuse'' includes the employment, 
        use, persuasion, inducement, enticement, or coercion of a child 
        to engage in, or assist another person to engage in, sexually 
        explicit conduct or the rape, molestation, prostitution, or 
        other form of sexual exploitation of children or incest with 
        children; and
            (18) 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. 804. REPORTING BY THE STATES.

    (a) In General.--An authorized criminal justice agency of a State 
shall report child abuse crime information to, or index child abuse 
crime information in, the national criminal background check system.
    (b) Provision of State Child Abuse Crime Records Through the 
National Criminal Background Check System.--(1) Not later than 180 days 
after the date of enactment of this Act, the Attorney General shall--
            (A) investigate the criminal records of each State and 
        determine for each State a timetable by which the State should 
        be able to provide child abuse crime records on an on-line 
        capacity basis through the national criminal background check 
        system;
            (B) establish guidelines for the reporting or indexing of 
        child abuse crime information, including guidelines relating to 
        the format, content, and accuracy of child abuse crime 
        information and other procedures for carrying out this Act; and
            (C) notify each State of the determinations made pursuant 
        to subparagraphs (A) and (B).
    (2) The Attorney General shall require as a part of the State 
timetable that the State--
            (A) achieve, by not later than the date that is 3 years 
        after the date of enactment of this Act, at least 80 percent 
        currency of final case dispositions in computerized criminal 
        history files for all identifiable child abuse crime cases in 
        which there has been an event of activity within the last 5 
        years;
            (B) continue to maintain at least 80 percent currency of 
        final case dispositions in all identifiable child abuse crime 
        cases in which there has been an event of activity within the 
        preceding 5 years; and
            (C) take steps to achieve full disposition reporting, 
        including data quality audits and periodic notices to criminal 
        justice agencies identifying records that lack final 
        dispositions and requesting those dispositions.
    (c) Liaison.--An authorized agency of a State shall maintain close 
liaison with the National Center on Child Abuse and Neglect, the 
National Center for Missing and Exploited Children, and the National 
Center for the Prosecution of Child Abuse for the exchange of technical 
assistance in cases of child abuse.
    (d) Annual Summary.--(1) The Attorney General shall publish an 
annual statistical summary of the child abuse crime information 
reported under this subtitle.
    (2) The annual statistical summary described in paragraph (1) shall 
not contain any information that may reveal the identity of any 
particular victim or alleged violator.
    (e) Annual Report.--The Attorney General shall publish an annual 
summary of each State's progress in reporting child abuse crime 
information to the national criminal background check system.
    (f) Study of Child Abuse Offenders.--(1) Not later than 180 days 
after the date of enactment of this Act, the Administrator of the 
Office of Juvenile Justice and Delinquency Prevention shall begin a 
study based on a statistically significant sample of convicted child 
abuse offenders and other relevant information to determine--
            (A) the percentage of convicted child abuse offenders who 
        have more than 1 conviction for an offense involving child 
        abuse;
            (B) the percentage of convicted child abuse offenders who 
        have been convicted of an offense involving child abuse in more 
        than 1 State;
            (C) whether there are crimes or classes of crimes, in 
        addition to those defined as background check crimes in section 
        3, that are indicative of a potential to abuse children; and
            (D) the extent to which and the manner in which instances 
        of child abuse form a basis for convictions for crimes other 
        than child abuse crimes.
    (2) Not later than 1 year after the date of enactment of this Act, 
the Administrator shall submit a report to the Chairman of the 
Committee on the Judiciary of the Senate and the Chairman of the 
Committee on the Judiciary of the House of Representatives containing a 
description of and a summary of the results of the study conducted 
pursuant to paragraph (1).

SEC. 805. BACKGROUND CHECKS.

    (a) In General.--(1) A State may have in effect procedures 
(established by or under State statute or regulation) to permit a 
qualified entity to contact an authorized agency of the State to 
request a nationwide background check for the purpose of determining 
whether there is a report that a provider is under indictment for, or 
has been convicted of, a background check crime.
    (2) The authorized agency shall access and review State and Federal 
records of background check crimes through the national criminal 
background check system and shall respond promptly to the inquiry.
    (b) Guidelines.--(1) The Attorney General shall establish 
guidelines for State background check procedures established under 
subsection (a), which guidelines shall include the requirements and 
protections this subtitle.
    (2) The guidelines established under paragraph (1) shall require--
            (A) that no qualified entity may request a background check 
        of a provider under subsection (a) unless the provider first 
        completes and signs a statement that--
                    (i) contains the name, address, and date of birth 
                appearing on a valid identification document (as 
                defined by section 1028(d)(1) of title 18, United 
                States Code) of the provider;
                    (ii) the provider is not under indictment for, and 
                has not been convicted of, a background check crime 
                and, if the provider is under indictment for or has 
                been convicted of a background check crime, contains a 
                description of the crime and the particulars of the 
                indictment or conviction;
                    (iii) notifies the provider that the entity may 
                request a background check under subsection (a);
                    (iv) notifies the provider of the provider's rights 
                under subparagraph (B); and
                    (v) notifies the provider that prior to the receipt 
                of the background check the qualified entity may choose 
                to deny the provider unsupervised access to a child to 
                whom the qualified entity provides child care;
            (B) that each State establish procedures under which a 
        provider who is the subject of a background check under 
        subsection (a) is entitled--
                    (i) to obtain a copy of any background check report 
                and any record that forms the basis for any such 
                report; and
                    (ii) to challenge the accuracy and completeness of 
                any information contained in any such report or record 
                and obtain a prompt determination from an authorized 
                agency as to the validity of such challenge;
            (C) that an authorized agency to which a qualified entity 
        has provided notice pursuant to subsection (a) make reasonable 
        efforts to complete research in whatever State and local 
        recordkeeping systems are available and in the national 
        criminal background check system and respond to the qualified 
        entity within 15 business days;
            (D) that the response of an authorized agency to an inquiry 
        pursuant to subsection (a) inform the qualified entity that the 
        background check pursuant to this section--
                    (i) may not reflect all indictments or convictions 
                for a background check crime; and
                    (ii) may not be the sole basis for determining the 
                fitness of a provider;
            (E) that the response of an authorized agency to an inquiry 
        pursuant to subsection (a) be limited to the conviction or 
        pending indictment information reasonably required to 
        accomplish the purposes of this Act;
            (F) that the qualified entity may choose to deny the 
        provider unsupervised access to a child to whom the qualified 
        entity provides child care on the basis of a background check 
        under subsection (a) until the provider has obtained a 
        determination as to the validity of any challenge under 
        subparagraph (B) or waived the right to make such challenge;
            (G) that each State establish procedures to ensure that any 
        background check under subsection (a) and the results thereof 
        shall be requested by and provided only to--
                    (i) qualified entities identified by States;
                    (ii) authorized representatives of a qualified 
                entity who have a need to know such information;
                    (iii) the provider who is the subject of a 
                background check;
                    (iv) law enforcement authorities; or
                    (v) pursuant to the direction of a court of law;
            (H) that background check information conveyed to a 
        qualified entity pursuant to subsection (a) shall not be 
        conveyed to any person except as provided under subparagraph 
        (G);
            (I) that an authorized agency shall not be liable in an 
        action at law for damages for failure to prevent a qualified 
        entity from taking action adverse to a provider on the basis of 
        a background check;
            (J) that a State employee or a political subdivision of a 
        State or employee thereof responsible for providing information 
        to the national criminal background check system shall not be 
        liable in an action at law for damages for failure to prevent a 
        qualified entity from taking action adverse to a provider on 
        the basis of a background check; and
            (K) that a State or Federal provider of criminal history 
        records, and any employee thereof, shall not be liable in an 
        action at law for damages for failure to prevent a qualified 
        entity from taking action adverse to a provider on the basis of 
        a criminal background check, or due to a criminal history 
        record's being incomplete.
    (c) Equivalent Procedures.--(1) Notwithstanding anything to the 
contrary in this section, the Attorney General may certify that a State 
licensing or certification procedure that differs from the procedures 
described in subsections (a) and (b) shall be deemed to be the 
equivalent of such procedures for purposes of this Act, but the 
procedures described in subsections (a) and (b) shall continue to apply 
to those qualified entities, providers, and background check crimes 
that are not governed by or included within the State licensing or 
certification procedure.
    (2) The Attorney General shall by regulation establish criteria for 
certifications under this subsection. Such criteria shall include a 
finding by the Attorney General that the State licensing or 
certification procedure accomplishes the purposes of this Act and 
incorporates a nationwide review of State and Federal records of 
background check offenses through the national criminal background 
check system.
    (d) Regulations.--(1) The Attorney General may by regulation 
prescribe such other measures as may be required to carry out the 
purposes of this Act, including measures relating to the security, 
confidentiality, accuracy, use, misuse, and dissemination of 
information, and audits and recordkeeping.
    (2) The Attorney General shall, to the maximum extent possible, 
encourage the use of the best technology available in conducting 
background checks.

SEC. 806. FUNDING FOR IMPROVEMENT OF CHILD ABUSE CRIME INFORMATION.

    (a) Use of Formula Grants for Improvements in State Records and 
Systems.--Section 509(b) of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3759(b)) is amended--
            (A) in paragraph (2) by striking ``and'' after the 
        semicolon;
            (B) in paragraph (3) by striking the period and inserting 
        ``; and''; and
            (C) 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 the Attorney General under 
        section 804 of the Violent Crime Control and Law Enforcement 
        Act of 1993 for the purposes of implementing sections 804 and 
        805 of that Act.''.
    (b) Additional Funding Grants for the Improvement of Child Abuse 
Crime Information.--(1) The Attorney General shall, subject to 
appropriations and with preference to States that as of the date of 
enactment of this Act have the lowest percent currency of case 
dispositions in computerized criminal history files, make a grant to 
each State to be used--
            (A) for the computerization of criminal history files for 
        the purposes of this subtitle;
            (B) for the improvement of existing computerized criminal 
        history files for the purposes of this subtitle;
            (C) to improve accessibility to the national criminal 
        background check system for the purposes of this subtitle; and
            (D) to assist the State in the transmittal of criminal 
        records to, or the indexing of criminal history record in, the 
        national criminal background check system for the purposes of 
        this subtitle.
    (2) There are authorized to be appropriated for grants under 
paragraph (1) a total of $20,000,000 for fiscal years 1994, 1995, and 
1996.
    (c) Withholding State Funds.--Effective 1 year after the date of 
enactment of this Act, 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 the timetable established for that State 
under section 804 of this Act.

            Subtitle C--Crimes Against Children Registration

SEC. 807. ESTABLISHMENT OF PROGRAM.

    (a) In General.--
            (1) State guidelines.--The Attorney General shall establish 
        guidelines for State programs requiring any person who is 
        convicted of a criminal offense against a victim who is a minor 
        to register a current address with a designated State law 
        enforcement agency for 10 years after release from prison, 
        being placed on parole, or being placed on supervised release.
            (2) Definition.--For purposes of this subsection, the term 
        ``criminal offense against a victim who is a minor'' includes--
                    (A) kidnapping of a minor, except by a noncustodial 
                parent;
                    (B) false imprisonment of a minor, except by a 
                noncustodial parent;
                    (C) criminal sexual conduct toward a minor;
                    (D) solicitation of minors to engage in sexual 
                conduct;
                    (E) use of minors in a sexual performance; or
                    (F) solicitation of minors to practice 
                prostitution.
    (b) Registration Requirement Upon Release, Parole, or Supervised 
Release.--An approved State registration program established by this 
section shall contain the following requirements:
            (1) Notification.--If a person who is required to register 
        under this section is released from prison, paroled, or placed 
        on supervised release, a State prison officer shall--
                    (A) inform the person of the duty to register;
                    (B) inform the person that if the person changes 
                residence address, the person shall give the new 
                address to a designated State law enforcement agency in 
                writing within 10 days;
                    (C) obtain fingerprints and a photograph of the 
                person if these have not already been obtained in 
                connection with the offense that triggers registration; 
                and
                    (D) require the person to read and sign a form 
                stating that the duty of the person to register under 
                this section has been explained.
            (2) Transfer of information to state and the f.b.i.--The 
        officer shall, within 3 days after receipt of information 
        described in paragraph (1), forward it to a designated State 
        law enforcement agency. The State law enforcement agency shall 
        immediately enter the information into the appropriate State 
        law enforcement record system and notify the appropriate law 
        enforcement agency having jurisdiction where the person expects 
        to reside. The State law enforcement agency shall also 
        immediately transmit the conviction data and fingerprints to 
        the Identification Division of the Federal Bureau of 
        Investigation.
            (3) Annual verification.--On each anniversary of a person's 
        initial registration date during the period in which the person 
        is required to register under this section, the designated 
        State law enforcement agency shall mail a nonforwardable 
        verification form to the last reported address of the person. 
        The person shall mail the verification form to the officer 
        within 10 days after receipt of the form. The verification form 
        shall be signed by the person, and state that the person still 
        resides at the address last reported to the designated State 
        law enforcement agency. If the person fails to mail the 
        verification form to the designated State law enforcement 
        agency within 10 days after receipt of the form, the person 
        shall be in violation of this section unless the person proves 
        that the person has not changed his or her residence address.
            (4) Notification of local law enforcement agencies of 
        changes in address.--Any change of address by a person required 
        to register under this section reported to the designated State 
        law enforcement agency shall immediately be reported to the 
        appropriate law enforcement agency having jurisdiction where 
        the person is residing.
    (c) Registration for 10 Years.--A person required to register under 
this section shall continue to comply with this section until 10 years 
have elapsed since the person was released from imprisonment, or placed 
on parole or supervised release.
    (d) Penalty.--A person required to register under a State program 
established pursuant to this section who knowingly fails to so register 
and keep such registration current shall be subject to criminal 
penalties in such State. It is the sense of Congress that such 
penalties should include at least 6 months imprisonment.
    (e) Private Data.--The information provided under this section is 
private data on individuals and may be used for law enforcement 
purposes and confidential background checks conducted with fingerprints 
by a designated state law enforcement agency for child care services 
providers.

SEC. 808. STATE COMPLIANCE.

    (a) Compliance Date.--Each State shall have 3 years from the date 
of the enactment of this Act in which to implement the provisions of 
this subtitle.
    (b) Ineligibility for Funds.--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) received by a State not complying with this 
subtitle 3 years after the date of enactment of this Act may be reduced 
by 10 percent and the unallocated funds shall be reallocated to the 
States in compliance with this section.

                        TITLE IX--CRIME VICTIMS

SEC. 901. VICTIMS' FUND PERCENTAGE ALLOCATION MODIFICATION.

    Section 1402(d)(2) of the Victims of Crime Act of 1984 (42 U.S.C. 
10601(d)(2)), is amended--
            (a) by striking ``and'' at the end of subparagraph (A);
            (b) by striking the period at the end of subparagraph (B) 
        and inserting a semicolon; and
            (c) by adding at the end the following:
                    ``(C) 1 percent shall be available for grants under 
                section 1404(c); and
                    ``(D) 4.5 percent shall be available for grants as 
                provided in section 1404A.''.

SEC. 902. RELATIONSHIP OF CRIME VICTIM COMPENSATION TO CERTAIN FEDERAL 
              PROGRAMS.

    Section 1403 of the Victims of Crime Act of 1984 (42 U.S.C. 10602) 
is amended by adding at the end the following:
    ``(e) Notwithstanding any other provision of law, if the 
compensation paid by an eligible crime victim compensation program 
would cover costs that a Federal program, or a federally financed State 
or local program, would otherwise pay, then--
            ``(1) such crime victim compensation program shall not pay 
        that compensation; and
            ``(2) the other program shall make its payments without 
        regard to the existence of the crime victim compensation 
        program.''.

SEC. 903. VICTIM'S RIGHT OF ALLOCUTION IN SENTENCING.

    Rule 32 of the Federal Rules of Criminal Procedure is amended by--
            (1) striking ``and'' following the semicolon in subdivision 
        (a)(1)(B);
            (2) striking the period at the end of subdivision (a)(1)(C) 
        and inserting in lieu thereof ``; and'';
            (3) 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 second to last sentence of subdivision (a)(1), 
        striking ``equivalent opportunity'' and inserting in lieu 
        thereof ``opportunity equivalent to that of the defendant's 
        counsel'';
            (5) in the last sentence of subdivision (a)(1) inserting 
        ``the victim,'' before ``or the attorney for the Government.''; 
        and
            (6) adding at the end the following:
    ``(f) Definitions.--For purposes of this rule--
            ``(1) `victim' means any 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 in case the victim 
                is below the age of eighteen years or incompetent; or
                    ``(B) one or more family members or relatives 
                designated by the court in case the victim is deceased 
                or incapacitated;
        if such person or persons are present at the sentencing 
        hearing, regardless of whether the victim is present; and
            ``(2) `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.''.

SEC. 904. REPORT ON BATTERED WOMEN'S SYNDROME.

    (a) Report.--Not less than 1 year after the date of enactment of 
this Act, the Attorney General and the Secretary of Health and Human 
Services shall transmit to the House Committee on Energy and Commerce, 
the Senate Committee on Labor and Human Resources, and the Committees 
on the Judiciary of the Senate and the House of Representatives a 
report on the medical and psychological basis of ``battered women's 
syndrome'' and on the extent to which evidence of the syndrome has been 
held to be admissible as evidence of guilt or as a defense in a 
criminal trial.
    (b) Components of the Report.--The report described in subsection 
(a) shall include--
            (1) medical and psychological testimony on the validity of 
        battered women's syndrome as a psychological condition;
            (2) a compilation of State and Federal court cases that 
        have admitted evidence of battered women's syndrome as evidence 
        of guilt as a defense in criminal trials; and
            (3) an assessment by State and Federal judges, prosecutors, 
        and defense attorneys on the effects that evidence of battered 
        women's syndrome may have in criminal trials.

                TITLE X--STATE AND LOCAL LAW ENFORCEMENT

              Subtitle A--Safer Streets and Neighborhoods

SEC. 1001. CONTINUATION OF FEDERAL-STATE FUNDING FORMULA.

    Section 504(a)(1) of part E of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968, as amended by section 211 of the 
Department of Justice Appropriations Act, 1990 (Public Law 101-162) and 
section 601 of the Crime Control Act of 1990 (Public Law 101-647), is 
amended by striking ``1991'' and inserting ``1994''.

SEC. 1002. LIMITATION ON GRANT DISTRIBUTION.

    (a) Amendment.--Section 510(b) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3760(b)) is amended by 
inserting ``non-Federal'' after ``with''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on October 1, 1994.

                     Subtitle B--DNA Identification

SEC. 1003. FUNDING TO IMPROVE THE QUALITY AND AVAILABILITY OF DNA 
              ANALYSES FOR LAW ENFORCEMENT IDENTIFICATION PURPOSES.

    (a) Drug Control and System Improvement Grant Program.--Section 
501(b) of title I of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3751(b)) is amended--
            (1) in paragraph (20) by striking ``and'' at the end,
            (2) in paragraph (21) by striking the period at the end and 
        inserting ``; and'', and
            (3) by adding at the end the following:
            ``(22) developing or improving in a forensic laboratory a 
        capability to analyze deoxyribonucleic acid (hereinafter in 
        this title referred to as `DNA') for identification 
        purposes.''.
    (b) State Applications.--Section 503(a) of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3753(a)) is 
amended by adding at the end thereof the following new paragraph:
            ``(12) If any part of a grant made under this part is to be 
        used to develop or improve a DNA analysis capability in a 
        forensic laboratory, a certification that--
                    ``(A) DNA analyses performed at such laboratory 
                will satisfy or exceed then current standards for a 
                quality assurance program for DNA analysis, issued by 
                the Director of the Federal Bureau of Investigation 
                under section 1003 of the Violent Crime Control and Law 
                Enforcement Act of 1993;
                    ``(B) DNA samples obtained by, and DNA analyses 
                performed at, such laboratory will be accessible only--
                            ``(i) to criminal justice agencies for law 
                        enforcement identification purposes;
                            ``(ii) for criminal defense purposes, to a 
                        defendant, who shall have access to samples and 
                        analyses performed in connection with the case 
                        in which such defendant is charged; or
                            ``(iii) if personally identifiable 
                        information is removed, for a population 
                        statistics database, for identification 
                        research and protocol development purposes, or 
                        for quality control purposes; and
                    ``(C) such laboratory, and each analyst performing 
                DNA analyses at such laboratory, will undergo, at 
                regular intervals of not to exceed 180 days, external 
                proficiency testing by a DNA proficiency testing 
                program meeting the standards issued under section 1003 
                of the Violent Crime Control and Law Enforcement Act of 
                1993.''.
    (c) Authorization of Appropriation.--For each of the fiscal years 
1994 through 1998, there are authorized to be appropriated $10 million 
for grants to the states for DNA analysis under section 1003 of this 
Act.

SEC. 1004. QUALITY ASSURANCE AND PROFICIENCY TESTING STANDARDS.

    (a) Publication of Quality Assurance and Proficiency Testing 
Standards.--(1) Not later than 180 days after the date of the enactment 
of this Act, the Director of the Federal Bureau of Investigation shall 
appoint an advisory board on DNA quality assurance methods. The 
Director shall appoint members of the board from among nominations 
proposed by the head of the National Academy of Sciences and 
professional societies of crime laboratory directors. The advisory 
board shall include as members scientists from State and local forensic 
laboratories, molecular geneticists and population geneticists not 
affiliated with a forensic laboratory, and a representative from the 
National Institute of Standards and Technology. The advisory board 
shall develop, and if appropriate, periodically revise, recommended 
standards for quality assurance, including standards for testing the 
proficiency of forensic laboratories, and forensic analysts, in 
conducting analyses of DNA.
    (2) The Director of the Federal Bureau of Investigation, after 
taking into consideration such recommended standards, shall issue (and 
revise from time to time) standards for quality assurance, including 
standards for testing the proficiency of forensic laboratories, and 
forensic analysts, in conducting analyses of DNA.
    (3) The standards described in paragraphs (1) and (2) shall specify 
criteria for quality assurance and proficiency tests to be applied to 
the various types of DNA analyses used by forensic laboratories. The 
standards shall also include a system for grading proficiency testing 
performance to determine whether a laboratory is performing acceptably.
    (4) Until such time as the advisory board has made recommendations 
to the Director of the Federal Bureau of Investigation and the Director 
has acted upon those recommendations, the quality assurance guidelines 
adopted by the technical working group on DNA analysis methods shall be 
deemed the Director's standards for purposes of this section.
    (b) Administration of the Advisory Board.--For administrative 
purposes, the advisory board appointed under subsection (a) shall be 
considered an advisory board to the Director of the Federal Bureau of 
Investigation. Section 14 of the Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply with respect to the advisory board 
appointed under subsection (a). The board shall cease to exist on the 
date 5 years after the initial appointments are made to the board, 
unless the existence of the board is extended by the Director of the 
Federal Bureau of Investigation.

SEC. 1005. INDEX TO FACILITATE LAW ENFORCEMENT EXCHANGE OF DNA 
              IDENTIFICATION INFORMATION.

    (a) The Director of the Federal Bureau of Investigation may 
establish an index of--
            (1) DNA identification records of persons convicted of 
        crimes;
            (2) analyses of DNA samples recovered from crime scenes; 
        and
            (3) analyses of DNA samples recovered from unidentified 
        human remains.
    (b) Such index may include only information on DNA identification 
records and DNA analyses that are--
            (1) based on analyses performed in accordance with publicly 
        available standards that satisfy or exceed the guidelines for a 
        quality assurance program for DNA analysis, issued by the 
        Director of the Federal Bureau of Investigation under section 
        1004 of this subtitle;
            (2) prepared by laboratories, and DNA analysts, that 
        undergo, at regular intervals of not to exceed 180 days, 
        external proficiency testing by a DNA proficiency testing 
        program meeting the standards issued under section 1004 of this 
        subtitle; and
            (3) maintained by Federal, State, and local criminal 
        justice agencies pursuant to rules that allow disclosure of 
        stored DNA samples and DNA analyses only--
                    (A) to criminal justice agencies for law 
                enforcement identification purposes;
                    (B) for criminal defense purposes, to a defendant, 
                who shall have access to samples and analyses performed 
                in connection with the case in which such defendant is 
                charged; or
                    (C) if personally identifiable information is 
                removed, for a population statistics database, for 
                identification research and protocol development 
                purposes, or for quality control purposes.
    (c) The exchange of records authorized by this section is subject 
to cancellation if the quality control and privacy requirements 
described in subsection (b) of this section are not met.

SEC. 1006. FEDERAL BUREAU OF INVESTIGATION.

    (a) Proficiency Testing Requirements.--
            (1) Generally.--Personnel at the Federal Bureau of 
        Investigation who perform DNA analyses shall undergo, at 
        regular intervals of not to exceed 180 days, external 
        proficiency testing by a DNA proficiency testing program 
        meeting the standards issued under section 1004(b). Within one 
        year of the date of enactment of this Act, the Director of the 
        Federal Bureau of Investigation shall arrange for periodic 
        blind external tests to determine the proficiency of DNA 
        analysis performed at the Federal Bureau of Investigation 
        laboratory. As used in this paragraph, the term ``blind 
        external test'' means a test that is presented to the 
        laboratory through a second agency and appears to the analysts 
        to involve routine evidence.
            (2) Report.--For five years after the date of enactment of 
        this Act, the Director of the Federal Bureau of Investigation 
        shall submit to the Committees on the Judiciary of the House 
        and Senate an annual report on the results of each of the tests 
        referred to in paragraph (1).
    (b) Privacy Protection Standards.--
            (1) Generally.--Except as provided in paragraph (2), the 
        results of DNA tests performed for a Federal law enforcement 
        agency for law enforcement purposes may be disclosed only--
                    (A) to criminal justice agencies for law 
                enforcement identification purposes; or
                    (B) for criminal defense purposes, to a defendant, 
                who shall have access to samples and analyses performed 
                in connection with the case in which such defendant is 
                charged.
            (2) Exception.--If personally identifiable information is 
        removed, test results may be disclosed for a population 
        statistics database, for identification research and protocol 
        development purposes, or for quality control purposes.
    (c) Criminal Penalty.--(1) Whoever--
            (A) by virtue of employment or official position, has 
        possession of, or access to, individually identifiable DNA 
        information indexed in a database created or maintained by any 
        Federal law enforcement agency; and
            (B) willfully discloses such information in any manner to 
        any person or agency not entitled to receive it;
shall be fined not more than $100,000.
    (2) Whoever, without authorization, willfully obtains DNA samples 
or individually identifiable DNA information indexed in a database 
created or maintained by any Federal law enforcement agency shall be 
fined not more than $100,000.

SEC. 1007. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Federal Bureau of 
Investigation $4,500,000 for each of fiscal years 1994 through 1998 to 
carry out sections 1004, 1005, and 1006 of this Act.

 Subtitle C--Department of Justice Community Substance Abuse Prevention

SEC. 1008. COMMUNITY PARTNERSHIPS.

    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 
thereof the following:

          ``Subpart 4--Community Coalitions on Substance Abuse

                   ``grants to combat substance abuse

    ``Sec. 531. (a) Definition.--As used in this section, the term 
`eligible coalition' means an association, consisting of at least seven 
organizations, agencies, and individuals that are concerned about 
preventing substance abuse, that shall include--
            ``(1) public and private organizations and agencies that 
        represent law enforcement, schools, health and social service 
        agencies, and community-based organizations; and
            ``(2) representatives of 3 of the following groups: the 
        clergy, academia, business, parents, youth, the media, civic 
        and fraternal groups, or other nongovernmental interested 
        parties.
    ``(b) Grant Program.--The Attorney General, acting through the 
Director of the Bureau of Justice Assistance, and the appropriate State 
agency, may make grants to eligible coalitions in order to--
            ``(1) plan and implement comprehensive long-term strategies 
        for substance abuse prevention;
            ``(2) develop a detailed assessment of existing substance 
        abuse prevention programs and activities to determine community 
        resources and to identify major gaps and barriers in such 
        programs and activities;
            ``(3) identify and solicit funding sources to enable such 
        programs and activities to become self-sustaining;
            ``(4) develop a consensus regarding the priorities of a 
        community concerning substance abuse;
            ``(5) develop a plan to implement such priorities; and
            ``(6) coordinate substance abuse services and activities, 
        including prevention activities in the schools or communities 
        and substance abuse treatment programs.
    ``(c) Community Participation.--In developing and implementing a 
substance abuse prevention program, a coalition receiving funds under 
subsection (b) shall--
            ``(1) emphasize and encourage substantial voluntary 
        participation in the community, especially among individuals 
        involved with youth such as teachers, coaches, parents, and 
        clergy; and
            ``(2) emphasize and encourage the involvement of 
        businesses, civic groups, and other community organizations and 
        members.
    ``(d) Application.--An eligible coalition shall submit an 
application to the Attorney General and the appropriate State agency in 
order to receive a grant under this section. Such application shall--
            ``(1) describe and, to the extent possible, document the 
        nature and extent of the substance abuse problem, emphasizing 
        who is at risk and specifying which groups of individuals 
        should be targeted for prevention and intervention;
            ``(2) describe the activities needing financial assistance;
            ``(3) identify participating agencies, organizations, and 
        individuals;
            ``(4) identify the agency, organization, or individual that 
        has responsibility for leading the coalition, and provide 
        assurances that such agency, organization or individual has 
        previous substance abuse prevention experience;
            ``(5) describe a mechanism to evaluate the success of the 
        coalition in developing and carrying out the substance abuse 
        prevention plan referred to in subsection (b)(5) and to report 
        on such plan to the Attorney General on an annual basis; and
            ``(6) contain such additional information and assurances as 
        the Attorney General and the appropriate State agency may 
        prescribe.
    ``(e) Priority.--In awarding grants under this section, the 
Attorney General and the appropriate State agency shall give priority 
to a community that--
            ``(1) provides evidence of significant substance abuse;
            ``(2) proposes a comprehensive and multifaceted approach to 
        eliminating substance abuse;
            ``(3) encourages the involvement of businesses and 
        community leaders in substance abuse prevention activities;
            ``(4) demonstrates a commitment and a high priority for 
        preventing substance abuse; and
            ``(5) demonstrates support from the community and State and 
        local agencies for efforts to eliminate substance abuse.
    ``(f) Review.--Each coalition receiving money pursuant to the 
provisions of this section shall submit an annual report to the 
Attorney General, and the appropriate State agency, evaluating the 
effectiveness of the plan described in subsection (b)(5) and containing 
such additional information as the Attorney General, or the appropriate 
State agency, may prescribe. The Attorney General, in conjunction with 
the Director of the Bureau of Justice Assistance, and the appropriate 
State agency, shall submit an annual review to the Committee on the 
Judiciary of the Senate and the Committee on the Judiciary of the House 
of Representatives. Such review shall--
            ``(1) evaluate the grant program established in this 
        section to determine its effectiveness;
            ``(2) implement necessary changes to the program that can 
        be done by the Attorney General; and
            ``(3) recommend any statutory changes that are necessary.
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out the provisions of this section, $15,000,000 
for fiscal year 1994, $20,000,000 for fiscal year 1995, and $25,000,000 
for fiscal year 1996.''.
    (c) Amendment to Table of Sections.--The table of sections 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 thereof the following:

          ``subpart 4--community coalition on substance abuse

``Sec. 531. Grants to combat substance abuse.''.

            Subtitle D--Drug Testing of Arrested Individuals

SEC. 1009. DRUG TESTING UPON ARREST.

    (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 U as part V;
            (2) by redesignating section 2101 as section 2201; and
            (3) by inserting after part T the following:

             ``PART U--GRANTS FOR DRUG TESTING UPON ARREST

``SEC. 2101. GRANT AUTHORIZATION.

    ``The Director of the Bureau of Justice Assistance is authorized to 
make grants under this part to States, for the use by States and units 
of local government in the States, for the purpose of developing, 
implementing, or continuing a drug testing project when individuals are 
arrested and during the pretrial period.

``SEC. 2102. STATE APPLICATIONS.

    ``(a) General Requirements.--To request a grant under this part the 
chief executive of a State shall submit an application to the Director 
in such form and containing such information as the Director may 
reasonably require.
    ``(b) Mandatory Assurances.--To be eligible to receive funds under 
this part, a State must agree to develop or maintain programs of 
urinalysis or similar drug testing of individuals upon arrest and on a 
regular basis pending trial for the purpose of making pretrial 
detention decisions.
    ``(c) Central Office.--The office designated under section 507 of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3757)--
            ``(1) shall prepare the application as required under 
        subsection (a); and
            ``(2) shall administer grant funds received under this 
        part, including, review of spending, processing, progress, 
        financial reporting, technical assistance, grant adjustments, 
        accounting, auditing, and fund disbursement.

``SEC. 2103. LOCAL APPLICATIONS.

    ``(a) In General.--(1) To request funds under this part from a 
State, the chief executive of a unit of local government shall submit 
an application to the office designated under section 2102(c) of the 
Violent Crime Control and Law Enforcement Act of 1993.
    ``(2) Such application shall be considered approved, in whole or in 
part, by the State not later than 90 days after such application is 
first received unless the State informs the applicant in writing of 
specific reasons for disapproval.
    ``(3) The State shall not disapprove any application submitted to 
the State without first affording the applicant reasonable notice and 
an opportunity for reconsideration.
    ``(4) If such application is approved, the unit of local government 
is eligible to receive such funds.
    ``(b) Distribution to Units of Local Government.--A State that 
receives funds under section 2101 of the Violent Crime Control and Law 
Enforcement Act of 1993 in a fiscal year shall make such funds 
available to units of local government with an application that has 
been submitted and approved by the State within 90 days after the 
Bureau has approved the application submitted by the State and has made 
funds available to the State. The Director shall have the authority to 
waive the 90-day requirement in this section upon a finding that the 
State is unable to satisfy such requirement under State statutes.

``SEC. 2104. ALLOCATION AND DISTRIBUTION OF FUNDS.

    ``(a) State Distribution.--Of the total amount appropriated under 
this part in any fiscal year--
            ``(1) 0.4 percent shall be allocated to each of the 
        participating States; and
            ``(2) of the total funds remaining after the allocation 
        under paragraph (1), there shall be allocated to each of the 
        participating States an amount which bears the same ratio to 
        the amount of remaining funds described in this paragraph as 
        the number of individuals arrested in such State bears to the 
        number of individuals arrested in all the participating States.
    ``(b) Local Distribution.--(1) A State that receives funds under 
this part in a fiscal year shall distribute to units of local 
government in such State that portion of such funds which bears the 
same ratio to the aggregate amount of such funds as the amount of funds 
expended by all units of local government for criminal justice in the 
preceding fiscal year bears to the aggregate amount of funds expended 
by the State and all units of local government in such State for 
criminal justice in such preceding fiscal year.
    ``(2) Any funds not distributed to units of local government under 
paragraph (1) shall be available for expenditure by such State for 
purposes specified in such State's application.
    ``(3) If the Director determines, on the basis of information 
available during any fiscal year, that a portion of the funds allocated 
to a State for such fiscal year will not be used by such State or that 
a State is not eligible to receive funds under section 2101 of the 
Violent Crime Control and Law Enforcement Act of 1993, the Director 
shall award such funds to units of local government in such State 
giving priority to the units of local government that the Director 
considers to have the greatest need.
    ``(c) 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 2102 of the 
Violent Crime Control and Law Enforcement Act of 1993 for the fiscal 
year for which the projects receive assistance under this part.
    ``(d) Geographic Distribution.--The Director shall attempt, to the 
extent practicable, to achieve an equitable geographic distribution of 
grant awards.

``SEC. 2105. REPORT.

    ``A State or unit of local government that receives funds under 
this part shall submit to the Director a report in March of each fiscal 
year that funds are received under this part regarding the 
effectiveness of the drug testing project.''.
    (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 U and 
inserting the following:

            ``Part U--Drug Testing for Individuals Arrested

``Sec. 2101. Grant authorization.
``Sec. 2102. State applications.
``Sec. 2103. Local applications.
``Sec. 2104. Allocation and distribution of funds.
``Sec. 2105. Report.
             ``Part V--Transition; Effective Date; Repealer

``Sec. 2201. Continuation of rules, authorities, and proceedings.''.

SEC. 1010. AUTHORIZATION OF APPROPRIATIONS.

    Section 1001(a) of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3793), is amended by adding after paragraph (14) the 
following:
    ``(15) There are authorized to be appropriated $100,000,000 for the 
fiscal years 1994, 1995, and 1996 to carry out the projects under part 
U.''.

            Subtitle E--Racial and Ethnic Bias Study Grants

SEC. 1011. STUDY GRANTS.

    (a) Authorization of Grant Program.--
            (1) In general.--The Attorney General, through the Bureau 
        of Justice Assistance, is authorized to make grants to States 
        that have established by State law or by the court of last 
        resort a plan for analyzing the role of race in that State's 
        criminal justice system. Such plan shall include 
        recommendations designed to correct any findings that racial 
        and ethnic bias plays such a role.
            (2) Criteria for grants.--Grants under this subsection 
        shall be awarded based upon criteria established by the 
        Attorney General. In establishing the criteria, the Attorney 
        General shall take into consideration the population of the 
        respective States, the racial and ethnic composition of the 
        population of the States, and the crime rates of the States.
            (3) Reports by states.--Recipients of grants under this 
        subsection shall report the findings and recommendations of 
        studies funded by grants under this subsection to the 
        Committees on the Judiciary of the Senate and the House of 
        Representatives within reasonable time limits established by 
        the Attorney General.
            (4) Reimbursement of states.--Grants may be made to 
        reimburse States for work started prior to the date of 
        enactment of this Act.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated $2,000,000 for each of the fiscal years 1994, 1995, 1996, 
1997, and 1998 to carry out the provisions of this section.

            TITLE XI--PROVISIONS RELATING TO POLICE OFFICERS

               Subtitle A--Law Enforcement Family Support

SEC. 1101. LAW ENFORCEMENT FAMILY SUPPORT.

    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 V as part W;
            (2) by redesignating section 2201 as 2301; and
            (3) by inserting after part U the following:

                        ``PART V--FAMILY SUPPORT

``SEC. 2201. DUTIES OF DIRECTOR.

    ``The Director shall--
            ``(1) establish guidelines and oversee the implementation 
        of family-friendly policies within law enforcement-related 
        offices and divisions in the Department of Justice;
            ``(2) study the effects of stress on law enforcement 
        personnel and family well-being and disseminate the findings of 
        such studies to Federal, State, and local law enforcement 
        agencies, related organizations, and other interested parties;
            ``(3) identify and evaluate model programs that provide 
        support services to law enforcement personnel and families;
            ``(4) provide technical assistance and training programs to 
        develop stress reduction and family support to State and local 
        law enforcement agencies;
            ``(5) collect and disseminate information regarding family 
        support, stress reduction, and psychological services to 
        Federal, State, and local law enforcement agencies, law 
        enforcement-related organizations, and other interested 
        entities; and
            ``(6) determine issues to be researched by the Bureau and 
        by grant recipients.

``SEC. 2202. GENERAL AUTHORIZATION.

    ``The Director is authorized to make grants to States and local law 
enforcement agencies and to organizations representing State and local 
law enforcement personnel to provide family support services to law 
enforcement personnel.

``SEC. 2203. USES OF FUNDS.

    ``(a) In General.--A State or local law enforcement agency or 
organization that receives a grant under this part shall use amounts 
provided under the grant to establish or improve training and support 
programs for law enforcement personnel.
    ``(b) Required Activities.--A law enforcement agency or 
organization that receives funds under this part shall provide at least 
one of the following services:
            ``(1) Counseling for law enforcement family members.
            ``(2) Child care on a 24-hour basis.
            ``(3) Marital and adolescent support groups.
            ``(4) Stress reduction programs.
            ``(5) Stress education for law enforcement recruits and 
        families.
            ``(6) Technical assistance and training programs to support 
        any or all of the services listed in (1) through (5).
    ``(c) Optional Activities.--A law enforcement agency or 
organization that receives funds under this part may provide the 
following services:
            ``(1) Post-shooting debriefing for officers and their 
        spouses.
            ``(2) Group therapy.
            ``(3) Hypertension clinics.
            ``(4) Critical incident response on a 24-hour basis.
            ``(5) Law enforcement family crisis telephone services on a 
        24-hour basis.
            ``(6) Counseling for law enforcement personnel exposed to 
        the human immunodeficiency virus.
            ``(7) Counseling for peers.
            ``(8) Counseling for families of personnel killed in the 
        line of duty.
            ``(9) Seminars regarding alcohol, drug use, gambling, and 
        overeating.
            ``(10) Technical assistance and training to support any or 
        all of the services listed in (1) through (9).

``SEC. 2204. APPLICATIONS.

    ``A law enforcement agency or organization desiring to receive a 
grant under this part shall submit to the Director an application at 
such time, in such manner, and containing or accompanied by such 
information as the Director may reasonably require. Such application 
shall--
            ``(1) certify that the law enforcement agency or 
        organization shall match all Federal funds with an equal amount 
        of cash or in-kind goods or services from other non-Federal 
        sources;
            ``(2) include a statement from the highest ranking law 
        enforcement official from the State or locality or from the 
        highest ranking official of the organization applying for the 
        grant that attests to the need and intended use of services to 
        be provided with grant funds; and
            ``(3) assure that the Director or the Comptroller General 
        of the United States shall have access to all records related 
        to the receipt and use of grant funds received under this part.

``SEC. 2205. AWARD OF GRANTS; LIMITATION.

    ``(a) Grant Distribution.--In approving grants under this part, the 
Director shall assure an equitable distribution of assistance among the 
States, among urban and rural areas of the United States, and among 
urban and rural areas of a State.
    ``(b) Duration.--The Director may award a grant each fiscal year, 
not to exceed $100,000 to a State or local law enforcement agency or 
organization for a period not to exceed 5 years. In any application 
from a State or local law enforcement agency or organization for a 
grant to continue a program for the second, third, fourth, or fifth 
fiscal year following the first fiscal year in which a grant was 
awarded to such agency, the Director shall review the progress made 
toward meeting the objectives of the program. The Director may refuse 
to award a grant if the Director finds sufficient progress has not been 
made toward meeting such objectives, but only after affording the 
applicant notice and an opportunity for reconsideration.
    ``(c) Limitation.--Not more than 10 percent of grant funds received 
by a State or a local law enforcement agency or organization may be 
used for administrative purposes.

``SEC. 2206. DISCRETIONARY RESEARCH GRANTS.

    ``The Director may reserve 10 percent of funds to award research 
grants to a State or local law enforcement agency or organization to 
study issues of importance in the law enforcement field as determined 
by the Director.

``SEC. 2207. REPORTS.

    ``(a) Report From Grant Recipients.--A State or local law 
enforcement agency or organization that receives a grant under this 
part shall submit to the Director an annual report that includes--
            ``(1) program descriptions;
            ``(2) the number of staff employed to administer programs;
            ``(3) the number of individuals who participated in 
        programs; and
            ``(4) an evaluation of the effectiveness of grant programs.
    ``(b) Report From Director.--(1) The Director shall submit to the 
Committees on the Judiciary of the Senate and the House of 
Representatives a report not later than March 31 of each fiscal year.
    ``(2) Such report shall contain--
            ``(A) a description of the types of projects developed or 
        improved through funds received under this part;
            ``(B) a description of exemplary projects and activities 
        developed;
            ``(C) a designation of the family relationship to the law 
        enforcement personnel of individuals served; and
            ``(D) the number of individuals served in each location and 
        throughout the country.

``SEC. 2208. DEFINITIONS.

    ``For purposes of this part--
            ``(1) the term `family-friendly policy' means a policy to 
        promote or improve the morale and well being of law enforcement 
        personnel and their families; and
            ``(2) the term `law enforcement personnel' means 
        individuals employed by Federal, State, and local law 
        enforcement agencies.''.
    (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 V and 
inserting the following:

                        ``Part V--Family Support

``Sec. 2201. Duties of director.
``Sec. 2202. General authorization.
``Sec. 2203. Uses of funds.
``Sec. 2204. Applications.
``Sec. 2205. Award of grants; limitation.
``Sec. 2206. Discretionary research grants.
``Sec. 2207. Reports.
``Sec. 2208. Definitions.
             ``Part W--Transition; Effective Date; Repeals

``Sec. 2301. Continuation of rules, authorities, and privileges.''.

SEC. 1102. AUTHORIZATION OF APPROPRIATIONS.

    Section 1001(a) of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3711 et seq.), as amended by section 1199 of this 
Act, is amended by adding after paragraph (15) the following:
    ``(16) There are authorized to be appropriated $5,000,000 for each 
of the fiscal years 1994, 1995, 1996, 1997, and 1998. Not more than 20 
percent of such funds may be used to accomplish the duties of the 
Director under section 2201 in part V of this Act, including 
administrative costs, research, and training programs.''.

                 Subtitle B--Police Pattern or Practice

SEC. 1103. PATTERN OR PRACTICE CASES; CAUSE OF ACTION.

    Chapter 21 of title 42, United States Code, is amended by adding 
the following new section:

``SECTION 1998. PATTERN OR PRACTICE CASES.

    ``(a) Unlawful Conduct.--It shall be unlawful for any governmental 
authority, or any agent thereof, or any person acting on behalf of a 
governmental authority, to engage in a pattern or practice of conduct 
by law enforcement officers that deprives persons of rights, 
privileges, or immunities, secured or protected by the Constitution or 
laws of the United States.
    ``(b) Civil Action by Attorney General.--Whenever the Attorney 
General has reasonable cause to believe that a violation of paragraph 
(1) has occurred, the Attorney General, for or in the name of the 
United States, may in a civil action obtain appropriate equitable and 
declaratory relief to eliminate the pattern or practice.''.

SEC. 1104. DATA ON USE OF EXCESSIVE FORCE.

    (a) Attorney General To Collect.--The Attorney General shall, 
through the victimization surveys conducted by the Bureau of Justice 
Statistics, acquire data about the use of excessive force by law 
enforcement officers.
    (b) Limitation on Use of Data.--Data acquired under this section 
shall be used only for research or statistical purposes and may not 
contain any information that may reveal the identity of the victim or 
any law enforcement officer.
    (c) Annual Summary.--The Attorney General shall publish an annual 
summary of the data acquired under this section.

   Subtitle C--Police Corps and Law Enforcement Officers Scholarship 
                                Programs

SEC. 1105. PURPOSES.

    The purposes of this subtitle are to--
            (1) address violent crime by increasing the number of 
        police with advanced education and training on community 
        patrol;
            (2) provide educational assistance to law enforcement 
        personnel and to students who possess a sincere interest in 
        public service in the form of law enforcement; and
            (3) assist State and local law enforcement efforts to 
        enhance the educational status of law enforcement personnel 
        both through increasing the educational level of existing 
        officers and by recruiting more highly educated officers.

             CHAPTER 1--COMMUNITY POLICE CORPS INITIATIVES

SEC. 1106. STATEMENT OF PURPOSES.

    The purposes of this Chapter are to support and encourage State and 
locally based police corps programs which provide educational 
assistance and job placement for police recruits in community-oriented 
policing, and to support and encourage scholarship programs for in-
service officers related to community-oriented policing.

SEC. 1107. DEFINITIONS.

            As used in this Chapter--
            (1) ``educational institution'' means an institution of 
        postsecondary education having a program whose regular duration 
        is not less than 2 years and not more than 4 years, or a 
        combination of such institutions that enter into a partnership 
        with a jurisdiction under section 1109 of the Violent Crime 
        Control and Law Enforcement Act of 1993;
            (2) ``jurisdiction'' means a State or local law enforcement 
        agency or a State or local government, or a combination of such 
        agencies or governments that enter into a partnership with an 
        educational institution under section 1109 of the Violent Crime 
        Control and Law Enforcement Act of 1993; and
            (3) ``partnership'' means a cooperative arrangement of an 
        educational institution and a jurisdiction for the purpose of 
        operating a Community Police Corps Program.

SEC. 1108. AUTHORIZATION OF PROGRAM.

    (a) Grants.--The Attorney General may make grants to educational 
institutions for the support of Community Police Corps Programs as 
described in this Chapter. The duration of a grant under this section 
shall not exceed 5 years. Grants that have a duration that is less than 
5 years may be renewed by the Attorney General if the aggregate 
duration of grants for a particular Community Police Corps Program does 
not exceed 5 years. A maximum of 10 Community Police Corps Programs may 
receive funding under this section at any time.
    (b) Geographic Distribution.--The Attorney General shall attempt, 
to the extent practicable, to achieve an equitable geographic 
distribution of grant awards.
    (c) Scholarships.--Grants provided to educational institutions 
under this section shall be used to provide scholarships of not more 
than $5,000 annually to a participant in Community Police Corps 
Programs. Scholarships may be provided for the full duration of the 
institution's educational program or for any shorter period, but the 
aggregate amount provided to any participant shall not exceed $5,000 
times the number of years in the institution's regular program.
    (d) Utilization of Department of Justice Offices and Services.--The 
Attorney General may utilize any office or service of the Department of 
Justice in carrying out this Chapter.

SEC. 1109. PARTNERSHIPS OF EDUCATIONAL INSTITUTIONS AND JURISDICTIONS.

    (a) Formation of Partnerships.--All Community Police Corps Programs 
funded under this Chapter shall be operated by partnerships that 
include an educational institution and a jurisdiction. The partnership 
shall publicize the availability of scholarships under the Community 
Police Corps Program and shall carry out the specific responsibilities 
set out in subsections (b), (c), (d), and (e).
    (b) Responsibilities of Educational Institution.--The educational 
institution in a partnership shall be responsible for--
            (1) determining degree requirements, or devising an 
        educational curriculum, or both, in consultation with the 
        jurisdiction in the partnership, for participants in the 
        Community Police Corps Program, which shall include instruction 
        that helps to prepare the participants for work in community-
        oriented policing; and
            (2) evaluating the educational and academic fitness of 
        applicants for participation in the Program, and selecting 
        applicants for participation with the concurrence of the 
        jurisdiction in the partnership.
    (c) Responsibilities of Jurisdiction.--The jurisdiction in a 
partnership shall be responsible for--
            (1) evaluating the fitness of applicants for future police 
        work, and selecting applicants for participation with the 
        concurrence of the educational institution in the partnership;
            (2) providing work study and training opportunities for 
        participants during the educational period;
            (3) providing any additional necessary training, and hiring 
        as law enforcement officers all participants who have 
        successfully completed the educational program and any work 
        study or training requirements, and who otherwise meet minimum 
        qualification and fitness standards for available positions; 
        and
            (4) utilizing such participants to help implement 
        community-oriented policing for a period of at least 4 years.
    (d) Application and Plan.--A partnership may seek support for a 
Community Police Corps Program by submitting an application to the 
Attorney General which contains a plan for operating such a program. 
The plan shall describe the discharge of the responsibilities set out 
in this section, and shall address any other matters that the Attorney 
General may prescribe. An application under this subsection may be 
submitted in coordination with an application submitted under section 
1702 of the Omnibus Crime Control and Safe Streets Act of 1968.
    (e) Minimum Enrollment Requirement.--A qualifying plan must specify 
that at least 10 participants will be enrolled in the Program. If 
scholarships are provided to participants in more than 1 educational 
class, not less than 10 participants shall be enrolled in each such 
class.

SEC. 1110. RESPONSIBILITIES OF PARTICIPANTS.

    (a) Conditions of Participation.--A person may apply for 
participation in a Community Police Corps Program by submitting an 
application in the form and manner prescribed by the partnership that 
operates the Program. By enrolling in the Program, a participant agrees 
to--
            (1) complete the educational component of the Program, and 
        any work study or training requirements which are part of the 
        Program, including satisfaction of any performance or testing 
        standards set by the educational institution or the 
        jurisdiction;
            (2) accept employment by the jurisdiction as a law 
        enforcement officer; and
            (3) remain in such employment for a period of not less than 
        4 years without misconduct or deficits in performance that 
        warrant discharge or removal from a position as a law 
        enforcement officer under the rules of the employing 
        jurisdiction.
    (b) Violations of Conditions.--A participant who fails to comply 
with the conditions set forth in subsection (a) may be required to 
repay to the United States the amount of any scholarship or 
scholarships provided under this Chapter, together with interest at a 
fair rate specified by the Attorney General. The Attorney General may 
allow a participant to fulfill the employment requirement under this 
Chapter, wholly or in part, through some other form of public service 
of comparable duration, on a finding that the participant's inability 
to fulfill the employment requirement is the result of disability or 
other good cause for which the participant is not at fault.

SEC. 1111. COMMUNITY POLICING SCHOLARSHIPS FOR IN-SERVICE OFFICERS.

    (a) Grants.--In addition to grants provided under section 1108 of 
the Violent Crime Control and Law Enforcement Act of 1993, the Attorney 
General may make grants to educational institutions participating in 
partnerships with jurisdictions under section 1109 of the Violent Crime 
Control and Law Enforcement Act of 1993 for purposes of supporting 
study at the institution or in a related post-graduate program by law 
enforcement officers who are employed by the jurisdiction.
    (b) Scholarships.--Grants provided to educational institutions 
under this section shall be used to provide scholarships to officers 
who are assigned or will be assigned to community-oriented policing, or 
who exercise or will exercise a supervisory or training role in 
relation to officers assigned to community-oriented policing. 
Scholarships under this section shall be applied to support courses of 
study that are relevant to community-oriented policing or related 
supervisory or training functions.
    (c) Limitations.--The amount of a scholarship under this section 
may not exceed $5,000 annually for any recipient, or an aggregate 
amount of $10,000 for any recipient. The funding provided under this 
section shall not exceed 10 percent of the total funding available 
under this Chapter.
    (d) Application and Grant Conditions.--A partnership that wishes to 
establish a scholarship program for in-service officers under this 
section shall submit an application to the Attorney General which may 
be combined with an application seeking support for a Community Police 
Corps Program under section 1109(d) of the Violent Crime Control and 
Law Enforcement Act of 1993. The application and the conduct of 
programs funded under this section shall conform to any requirements 
that may be prescribed by the Attorney General.

SEC. 1112. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated not more than $5,000,000 
for each of the fiscal years 1994, 1995, 1996, 1997, and 1998 to carry 
out this Chapter.

SEC. 1113. REVIEW AND REPORT ON PROGRAM.

    The grant authority created by this Chapter shall lapse at the 
conclusion of 5 years from the date of enactment of this Chapter. Prior 
to the expiration of the grant authority under this Chapter, the 
Attorney General shall submit a report to the Committees on the 
Judiciary of the Senate and the House of Representatives concerning the 
experience with and efficacy of the programs that have received support 
under this Chapter.

             CHAPTER 2--LAW ENFORCEMENT SCHOLARSHIP PROGRAM

SEC. 1114. DEFINITIONS.

    As used in this Chapter--
            (1) the term ``Director'' means the Director of the Bureau 
        of Justice Assistance;
            (2) the term ``educational expenses'' means expenses that 
        are directly attributable to--
                    (A) a course of education leading to the award of 
                an associate degree;
                    (B) a course of education leading to the award of a 
                baccalaureate degree; or
                    (C) a course of graduate study following award of a 
                baccalaureate degree;
        including the cost of tuition, fees, books, supplies, and 
        related expenses;
            (3) the term ``institution of higher education'' has the 
        same meaning given such term in section 1201(a) of the Higher 
        Education Act of 1965;
            (4) the term ``law enforcement position'' means employment 
        as an officer in a State or local police force, or correctional 
        institution; and
            (5) the term ``State'' means a State of the United States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        Virgin Islands of the United States, American Samoa, Guam, and 
        the Commonwealth of the Northern Mariana Islands.

SEC. 1115. ALLOTMENT.

    From amounts appropriated pursuant to the authority of section 1122 
of the Violent Crime Control and Law Enforcement Act of 1993, the 
Director shall allot--
            (1) 80 percent of such funds to States on the basis of the 
        number of law enforcement officers in each State compared to 
        the number of law enforcement officers in all States; and
            (2) 20 percent of such funds to States on the basis of the 
        shortage of law enforcement personnel and the need for 
        assistance under this Chapter in the State compared to the 
        shortage of law enforcement personnel and the need for 
        assistance under this Chapter in all States.

SEC. 1116. PROGRAM ESTABLISHED.

    (a) Use of Allotment.--
            (1) In general.--Each State receiving an allotment pursuant 
        to section 1115 of the Violent Crime Control and Law 
        Enforcement Act of 1993 shall use such allotment to pay the 
        Federal share of the costs of--
                    (A) awarding scholarships to in-service law 
                enforcement personnel to enable such personnel to seek 
                further education; and
                    (B) providing--
                            (i) full-time employment in summer; or
                            (ii) part-time (not to exceed 20 hours per 
                        week) employment during a period not to exceed 
                        one year.
            (2) Employment.--The employment described in subparagraph 
        (B) of paragraph (1) shall be provided by State and local law 
        enforcement agencies for students who are juniors or seniors in 
        high school or are enrolled in an accredited institution of 
        higher education and who demonstrate an interest in undertaking 
        a career in law enforcement. Such employment shall not be in a 
        law enforcement position. Such employment shall consist of 
        performing meaningful tasks that inform such students of the 
        nature of the tasks performed by law enforcement agencies.
    (b) Payments; Federal Share; Non-Federal Share.--
            (1) Payments.--The Director shall pay to each State 
        receiving an allotment under section 1115 of the Violent Crime 
        Control and Law Enforcement Act of 1993 the Federal share of 
        the cost of the activities described in the application 
        submitted pursuant to section 1119 of the Violent Crime Control 
        and Law Enforcement Act of 1993.
            (2) Federal share.--The Federal share shall not exceed 60 
        percent.
            (3) Non-federal share.--The non-Federal share of the cost 
        of scholarships and student employment provided under this 
        Chapter shall be supplied from sources other than the Federal 
        Government.
    (c) Lead Agency.--Each State receiving an allotment under section 
1115 of the Violent Crime Control and Law Enforcement Act of 1993 shall 
designate an appropriate State agency to serve as the lead agency to 
conduct a scholarship program, a student employment program, or both in 
the State in accordance with this Chapter.
    (d) Responsibilities of Director.--The Director shall be 
responsible for the administration of the programs conducted pursuant 
to this Chapter and shall, in consultation with the Assistant Secretary 
for Postsecondary Education, issue rules to implement this Chapter.
    (e) Administrative Expenses.--Each State receiving an allotment 
under section 1115 of the Violent Crime Control and Law Enforcement Act 
of 1993 may reserve not more than 8 percent of such allotment for 
administrative expenses.
    (f) Special Rule.--Each State receiving an allotment under section 
1115 of the Violent Crime Control and Law Enforcement Act of 1993 shall 
ensure that each scholarship recipient under this Chapter be 
compensated at the same rate of pay and benefits and enjoy the same 
rights under applicable agreements with labor organizations and under 
State and local law as other law enforcement personnel of the same rank 
and tenure in the office of which the scholarship recipient is a 
member.
    (g) Supplementation of Funding.--Funds received under this Chapter 
shall only be used to supplement, and not to supplant, Federal, State, 
or local efforts for recruitment and education of law enforcement 
personnel.

SEC. 1117. SCHOLARSHIPS.

    (a) Period of Award.--Scholarships awarded under this Chapter shall 
be for a period of one academic year.
    (b) Use of Scholarships.--Each individual awarded a scholarship 
under this Chapter may use such scholarship for educational expenses at 
any accredited institution of higher education.

SEC. 1118. ELIGIBILITY.

    (a) Scholarships.--An individual shall be eligible to receive a 
scholarship under this Chapter if such individual has been employed in 
law enforcement for the 2-year period immediately preceding the date on 
which assistance is sought.
    (b) Ineligibility for Student Employment.--An individual who has 
been employed as a law enforcement officer is ineligible to participate 
in a student employment program carried out under this Chapter.

SEC. 1119. STATE APPLICATION.

    Each State desiring an allotment under section 1115 of the Violent 
Crime Control and Law Enforcement Act of 1993 shall submit an 
application to the Director at such time, in such manner, and 
accompanied by such information as the Director may reasonably require. 
Each such application shall--
            (1) describe the scholarship program and the student 
        employment program for which assistance under this Chapter is 
        sought;
            (2) contain assurances that the lead agency will work in 
        cooperation with the local law enforcement liaisons, 
        representatives of police labor organizations and police 
        management organizations, and other appropriate State and local 
        agencies to develop and implement interagency agreements 
        designed to carry out this Chapter;
            (3) contain assurances that the State will advertise the 
        scholarship assistance and student employment it will provide 
        under this Chapter and that the State will use such programs to 
        enhance recruitment efforts;
            (4) contain assurances that the State will screen and 
        select law enforcement personnel for participation in the 
        scholarship program under this Chapter;
            (5) contain assurances that under such student employment 
        program the State will screen and select, for participation in 
        such program, students who have an interest in undertaking a 
        career in law enforcement;
            (6) contain assurances that under such scholarship program 
        the State will make scholarship payments to institutions of 
        higher education on behalf of individuals receiving 
        scholarships under this Chapter;
            (7) with respect to such student employment program, 
        identify--
                    (A) the employment tasks students will be assigned 
                to perform;
                    (B) the compensation students will be paid to 
                perform such tasks; and
                    (C) the training students will receive as part of 
                their participation in such program;
            (8) identify model curriculum and existing programs 
        designed to meet the educational and professional needs of law 
        enforcement personnel; and
            (9) contain assurances that the State will promote 
        cooperative agreements with educational and law enforcement 
        agencies to enhance law enforcement personnel recruitment 
        efforts in institutions of higher education.

SEC. 1120. LOCAL APPLICATION.

    (a) In General.--Each individual who desires a scholarship or 
employment under this Chapter shall submit an application to the State 
at such time, in such manner, and accompanied by such information as 
the State may reasonably require. Each such application shall describe 
the academic courses for which a scholarship is sought, or the location 
and duration of employment sought, as appropriate.
    (b) Priority.--In awarding scholarships and providing student 
employment under this Chapter, each State shall give priority to 
applications from individuals who are--
            (1) members of racial, ethnic, or gender groups whose 
        representation in the law enforcement agencies within the State 
        is substantially less than in the population eligible for 
        employment in law enforcement in the State;
            (2) pursuing an undergraduate degree; and
            (3) not receiving financial assistance under the Higher 
        Education Act of 1965.

SEC. 1121. SCHOLARSHIP AGREEMENT.

    (a) In General.--Each individual who receives a scholarship under 
this Chapter shall enter into an agreement with the Director.
    (b) Contents.--Each agreement described in subsection (a) shall--
            (1) provide assurances that the individual will work in a 
        law enforcement position in the State which awarded such 
        individual the scholarship in accordance with the service 
        obligation described in subsection (c) after completion of such 
        individual's academic courses leading to an associate, 
        bachelor, or graduate degree;
            (2) provide assurances that the individual will repay the 
        entire scholarship awarded under this Chapter in accordance 
        with such terms and conditions as the Director shall prescribe, 
        in the event that the requirements of such agreement are not 
        complied with unless the individual--
                    (A) dies;
                    (B) becomes physically or emotionally disabled, as 
                established by the sworn affidavit of a qualified 
                physician; or
                    (C) has been discharged in bankruptcy; and
            (3) set forth the terms and conditions under which an 
        individual receiving a scholarship under this Chapter may seek 
        employment in the field of law enforcement in a State other 
        than the State which awarded such individual the scholarship 
        under this Chapter.
    (c) Service Obligation.--
            (1) In general.-- Except as provided in paragraph (2), each 
        individual awarded a scholarship under this Chapter shall work 
        in a law enforcement position in the State which awarded such 
        individual the scholarship for a period of one month for each 
        credit hour for which funds are received under such 
        scholarship.
            (2) Special rule.--For purposes of satisfying the 
        requirement specified in paragraph (1), each individual awarded 
        a scholarship under this Chapter shall work in a law 
        enforcement position in the State which awarded such individual 
        the scholarship for not less than 6 months nor more than 2 
        years.

SEC. 1122. AUTHORIZATION OF APPROPRIATIONS.

    (a) General Authorization of Appropriations.--There are authorized 
to be appropriated $25,000,000 for each of the fiscal years 1994, 1995, 
1996, and 1997, to carry out this Chapter.
    (b) Uses of Funds.--Of the funds appropriated under subsection (a) 
for any fiscal year--
            (1) 80 percent shall be available to provide scholarships 
        described in section 1116(a)(1)(A) of the Violent Crime Control 
        and Law Enforcement Act of 1993; and
            (2) 20 percent shall be available to provide employment 
        described in sections 1116(a)(1)(B) and 1116(a)(2) of the 
        Violent Crime Control and Law Enforcement Act of 1993.

                           CHAPTER 3--REPORTS

SEC. 1123. REPORTS TO CONGRESS.

    (a) Annual Reports.--No later than April 1 of each fiscal year, the 
Attorney General shall submit a report to the the Committees on the 
Judiciary of the Senate and the House of Representatives. Such report 
shall--
            (1) state the number of current and past participants in 
        the Police Corps program authorized by Chapter 1, broken down 
        according to the levels of educational study in which they are 
        engaged and years of service they have served on police forces 
        (including service following completion of the 4-year service 
        obligation);
            (2) describe the geographic, racial, and gender dispersion 
        of participants in the Police Corps program;
            (3) state the number of present and past scholarship 
        recipients under Chapter 2, categorized according to the levels 
        of educational study in which such recipients are engaged and 
        the years of service such recipients have served in law 
        enforcement;
            (4) describe the geographic, racial, and gender dispersion 
        of scholarship recipients under Chapter 2; and
            (5) describe the progress of the programs authorized by 
        this subtitle and make recommendations for changes in the 
        programs.
    (b) Special Report.--Not later than 6 months after the date of 
enactment of this Act, the Attorney General shall submit a report to 
the Committees on the Judiciary of the Senate and the House of 
Representatives containing a plan to expand the assistance provided 
under Chapter 2 to Federal law enforcement officers. Such plan shall 
contain information of the number and type of Federal law enforcement 
officers eligible for such assistance.

              Subtitle D--Study Rights of Police Officers

SEC. 1124. STUDY ON OFFICERS' RIGHTS.

    The Attorney General, through the National Institute of Justice, 
shall conduct a study of the procedures followed in internal, 
noncriminal investigations of State and local law enforcement officers 
to determine if such investigations are conducted fairly and 
effectively. The study shall examine the adequacy of the rights 
available to law enforcement officers and members of the public in 
cases involving the performance of a law enforcement officer, 
including--
            (1) notice;
            (2) conduct of questioning;
            (3) counsel;
            (4) hearings;
            (5) appeal; and
            (6) sanctions.
Not later than one year after the date of enactment of this Act, the 
Attorney General shall submit to the Committees on the Judiciary of the 
Senate and the House of Representatives a report on the results of the 
study, along with findings and recommendations on strategies to 
guarantee fair and effective internal affairs investigations.

               TITLE XII--GRANT PROGRAM FOR STATE PRISONS

SEC. 1201. RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS.

    (a) Residential Substance Abuse Treatment for Prisoners.--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 W as part X;
            (2) by redesignating section 2301 as section 2401; and
            (3) by inserting after part V the following:

  ``PART W--RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS

``SEC. 2301. GRANT AUTHORIZATION.

    ``The Director of the Bureau of Justice Assistance (referred to in 
this part as the `Director') may make grants under this part to States, 
for the use by States and units of local government for the purpose of 
developing and implementing residential substance abuse treatment 
programs within State correctional facilities, as well as within local 
correctional facilities in which inmates are incarcerated for a period 
of time sufficient to permit substance abuse treatment.

``SEC. 2302. STATE APPLICATIONS.

    ``(a) In General.--(1) To request a grant under this part the chief 
executive of a State shall submit an application to the Director in 
such form and containing such information as the Director may 
reasonably require.
    ``(2) Such application shall include 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.
    ``(3) Such application shall coordinate the design and 
implementation of treatment programs between State correctional 
representatives and the State Alcohol and Drug Abuse agency (and, if 
appropriate, between representatives of local correctional agencies and 
representatives of either the State alcohol and drug abuse agency or 
any appropriate local alcohol and drug abuse agency).
    ``(b) Drug Testing Requirement.--To be eligible to receive funds 
under this part, a State must agree to implement or continue to require 
urinalysis or similar testing of individuals in correctional 
residential substance abuse treatment programs. Such testing shall 
include individuals released from residential substance abuse treatment 
programs who remain in the custody of the State.
    ``(c) Eligibility for Preference With Aftercare Component.--
            ``(1) To be eligible for a preference under this part, a 
        State must ensure that individuals who participate in the drug 
        treatment program established or implemented with assistance 
        provided under this part will be provided with aftercare 
        services.
            ``(2) State aftercare services must involve the 
        coordination of the prison treatment program with other human 
        service and rehabilitation programs, such as educational and 
        job training programs, parole supervision programs, half-way 
        house programs, and participation in self-help and peer group 
        programs, that may aid in the rehabilitation of individuals in 
        the drug treatment program.
            ``(3) To qualify as an aftercare program, the head of the 
        drug treatment program, in conjunction with State and local 
        authorities and organizations involved in drug treatment, shall 
        assist in placement of drug treatment program participants with 
        appropriate community drug treatment facilities when such 
        individuals leave prison at the end of a sentence or on parole.
    ``(d) State Office.--The office designated under section 507 of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3757)--
            ``(1) shall prepare the application as required under 
        section 2302 of the Violent Crime Control and Law Enforcement 
        Act of 1993; and
            ``(2) shall administer grant funds received under this 
        part, including, review of spending, processing, progress, 
        financial reporting, technical assistance, grant adjustments, 
        accounting, auditing, and fund disbursement.

``SEC. 2303. REVIEW OF STATE APPLICATIONS.

    ``(a) In General.--The Bureau shall make a grant under section 2301 
of the Violent Crime Control and Law Enforcement Act of 1993 to carry 
out the projects described in the application submitted under section 
2302 of the Violent Crime Control and Law Enforcement Act of 1993 upon 
determining that--
            ``(1) the application is consistent with the requirements 
        of this part; and
            ``(2) before the approval of the application the Bureau has 
        made an affirmative finding in writing that the proposed 
        project has been reviewed in accordance with this part.
    ``(b) Approval.--Each application submitted under section 2302 of 
the Violent Crime Control and Law Enforcement Act of 1993 shall be 
considered approved, in whole or in part, by the Bureau not later than 
45 days after first received unless the Bureau informs the applicant of 
specific reasons for disapproval.
    ``(c) Restriction.--Grant funds received under this part shall not 
be used for land acquisition or construction projects.
    ``(d) Disapproval Notice and Reconsideration.--The Bureau shall not 
disapprove any application without first affording the applicant 
reasonable notice and an opportunity for reconsideration.

``SEC. 2304. ALLOCATION AND DISTRIBUTION OF FUNDS.

    ``(a) Allocation.--Of the total amount appropriated under this part 
in any fiscal year--
            ``(1) 0.4 percent shall be allocated to each of the 
        participating States; and
            ``(2) of the total funds remaining after the allocation 
        under paragraph (1), there shall be allocated to each of the 
        participating States an amount which bears the same ratio to 
        the amount of remaining funds described in this paragraph as 
        the State prison population of such State bears to the total 
        prison population of all the participating States.
    ``(b) 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 2302 of the 
Violent Crime Control and Law Enforcement Act of 1993 for the fiscal 
year for which the projects receive assistance under this part.

``SEC. 2305. EVALUATION.

    ``Each State that receives a grant under this part shall submit to 
the Director an evaluation not later than March 1 of each year in such 
form and containing such information as the Director may reasonably 
require.''.
    (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 W and 
inserting the following:

     ``Part W--Residential Substance Abuse Treatment for Prisoners

``Sec. 2301. Grant authorization.
``Sec. 2302. State applications.
``Sec. 2303. Review of State applications.
``Sec. 2304. Allocation and distribution of funds.
``Sec. 2305. Evaluation.
             ``Part X--Transition; Effective Date; Repealer

``Sec. 2401. Continuation of rules, authorities, and proceedings.''.
    (c) Definitions.--Section 901(a) of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3791(a)) is amended by adding after 
paragraph (25) the following:
            ``(26) The term `residential substance abuse treatment 
        program' means a course of individual and group activities, 
        lasting between 9 and 12 months, in residential treatment 
        facilities set apart from the general prison population--
                    ``(A) directed at the substance abuse problems of 
                the prisoner; and
                    ``(B) intended to develop the prisoner's cognitive, 
                behavioral, social, vocational, and other skills so as 
                to solve the prisoner's substance abuse and related 
                problems.''.
    (d) 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 after paragraph (16) the following:
    ``(17) There are authorized to be appropriated $100,000,000 for 
each of the fiscal years 1994, 1995, and 1996 to carry out the projects 
under part W.''.

                      TITLE XIII--FEDERAL PRISONS

                          Subtitle A--General

SEC. 1301. PRISONER'S PLACE OF IMPRISONMENT.

    Paragraph (b) of section 3621 of title 18, United States Code, is 
amended by inserting after subsection (5) the following: ``However, the 
bureau may not consider the social or economic status of the prisoner 
in designating the place of the prisoner's imprisonment.''.

SEC. 1302. PRISON IMPACT ASSESSMENTS.

    (a) In General.--Chapter 303 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 4047. Prison impact assessments
    ``(a) Any submission of legislation by the Judicial or Executive 
branch which could increase or decrease the number of persons 
incarcerated or in Federal penal institutions shall be accompanied by a 
prison impact statement, as defined in subsection (b) of this section.
    ``(b) The Attorney General shall, in consultation with the 
Sentencing Commission and the Administrative Office of the United 
States Courts, prepare and furnish prison impact assessments under 
subsection (c) of this section, and in response to requests from 
Congress for information relating to a pending measure or matter that 
might affect the number of defendants processed through the Federal 
criminal justice system. A prison impact assessment on pending 
legislation must be supplied within 14 days of any request. A prison 
impact assessment shall include--
            ``(1) projections of the impact on prison, probation, and 
        post prison supervision populations;
            ``(2) an estimate of the fiscal impact of such population 
        changes on Federal expenditures, including those for 
        construction and operation of correctional facilities for the 
        current fiscal year and 5 succeeding fiscal years;
            ``(3) an analysis of any other significant factor affecting 
        the cost of the measure and its impact on the operations of 
        components of the criminal justice system; and
            ``(4) a statement of the methodologies and assumptions 
        utilized in preparing the assessment.
    ``(c) The Attorney General shall prepare and transmit to the 
Committees on the Judiciary of the Senate and the House of 
Representatives, by March 1 of each year, a prison impact assessment 
reflecting the cumulative effect of all relevant changes in the law 
taking effect during the preceding calendar year.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 303 is amended by adding at the end the following new item:

``4047. Prison impact assessments.''.

SEC. 1303. NOTIFICATION OF RELEASE OF PRISONERS.

    Section 4042 of title 18, United States Code, is amended--
            (1) by striking ``The Bureau'' and inserting ``(a) In 
        General.--The Bureau'';
            (2) by striking ``This section'' and inserting ``(c) 
        Application of Section.--This section'';
            (3) in paragraph (4) of subsection (a), as designated by 
        paragraph (1) of this subsection--
                    (A) by striking ``Provide'' and inserting 
                ``provide''; and
                    (B) by striking the period at the end and inserting 
                ``; and'';
            (4) by inserting after paragraph (4) of subsection (a), as 
        designated by paragraph (1) of this subsection, the following 
        new paragraph:
            ``(5) provide notice of release of prisoners in accordance 
        with subsection (b).''; and
            (5) by inserting after subsection (a), as designated by 
        paragraph (1) of this subsection, the following new subsection:
    ``(b) Notice of Release of Prisoners.--(1) Except in the case of a 
prisoner being protected under chapter 224, the Bureau of Prisons 
shall, at least 5 days prior to the date on which a prisoner described 
in paragraph (3) is to be released on supervised release, or, in the 
case of a prisoner on supervised release, at least 5 days prior to the 
date on which the prisoner changes residence to a new jurisdiction, 
cause written notice of the release or change of residence to be made 
to the chief law enforcement officer of the State and of the local 
jurisdiction in which the prisoner will reside.
    ``(2) A notice under paragraph (1) shall disclose--
            ``(A) the prisoner's name;
            ``(B) the prisoner's criminal history, including a 
        description of the offense of which the prisoner was convicted; 
        and
            ``(C) any restrictions on conduct or other conditions to 
        the release of the prisoner that are imposed by law, the 
        sentencing court, or the Bureau of Prisons or any other Federal 
        agency.
    ``(3) A prisoner is described in this paragraph if the prisoner was 
convicted of--
            ``(A) a drug trafficking crime, as that term is defined in 
        section 924(c)(2); or
            ``(B) a crime of violence, as that term is defined in 
        section 924(c)(3).
            ``(4) The notice provided under this section shall be used 
        solely for law enforcement purposes.''.

SEC. 1304. APPLICATION TO PRISONERS TO WHICH PRIOR LAW APPLIES.

    In the case of a prisoner convicted of an offense committed prior 
to November 1, 1987, the reference to supervised release in section 
4042(b) of title 18, United States Code, shall be deemed to be a 
reference to probation or parole.

                        Subtitle B--Drug Testing

SEC. 1305. POST-CONVICTION RELEASE DRUG TESTING--FEDERAL OFFENDERS.

    (b) Drug Testing Program.--(1) Chapter 229 of title 18, United 
States Code, is amended by adding at the end the following new section:
``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 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 judicial district 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.''.
    (c) Conditions of Probation.--Section 3563(a) of title 18, United 
States Code, is amended--
            (1) in paragraph (2) by striking ``and'' after the 
        semicolon;
            (2) in paragraph (3) by striking the period and inserting 
        ``; and'';
            (3) by adding at the end the following new paragraph:
            ``(4) for a felony, a misdemeanor, or an infraction, that 
        the defendant refrain from any unlawful use of a controlled 
        substance and submit to one drug test within 15 days of release 
        on probation and at least 2 periodic drug tests thereafter (as 
        determined by the court) for use of a controlled substance, but 
        the condition stated in this paragraph may be ameliorated or 
        suspended by the court 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.''; and
            (4) by adding at the end the following: ``The results of a 
        drug test administered in accordance with paragraph (4) shall 
        be subject to confirmation only if the results are positive, 
        the defendant is subject to possible imprisonment for such 
        failure, and either the defendant denies the accuracy of such 
        test or there is some other reason to question the results of 
        the test. A defendant who tests positive may be detained 
        pending verification of a positive drug test result. A drug 
        test confirmation shall be a urine drug test confirmed using 
        gas chromatography/mass spectrometry techniques or such test as 
        the Director of the Administrative Office of the United States 
        Courts after consultation with the Secretary of Health and 
        Human Services may determine to be of equivalent accuracy. The 
        court shall consider whether the availability of appropriate 
        substance abuse treatment programs, or an individual's current 
        or past participation in such programs, warrants an exception 
        in accordance with United States Sentencing Commission 
        guidelines from the rule of subsection 3565(b), when 
        considering any action against a defendant who fails a drug 
        test administered in accordance with paragraph (4). ''.
    (d) Conditions of Supervised Release.--Section 3583(d) of title 18, 
United States Code, is amended by inserting after the first sentence 
the following: ``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 a drug test within 15 days of 
release on supervised release and at least 2 periodic drug tests 
thereafter (as determined by the court) for use of a controlled 
substance. The condition stated in the preceding sentence may be 
ameliorated or suspended by the court as provided in section 
3563(a)(4). The results of a drug test administered in accordance with 
the preceding subsection shall be subject to confirmation only if the 
results are positive, the defendant is subject to possible imprisonment 
for such failure, and either the defendant denies the accuracy of such 
test or there is some other reason to question the results of the test. 
A drug test confirmation shall be a urine drug test confirmed using gas 
chromatography/mass spectrometry techniques or such test as the 
Director of the Administrative Office of the United States Courts after 
consultation with the Secretary of Health and Human Services may 
determine to be of equivalent accuracy. The court shall consider 
whether the availability of appropriate substance abuse treatment 
programs, or an individual's current or past participation in such 
programs, warrants an exception in accordance with United States 
Sentencing Commission guidelines from the rule of subsection 3565(g) 
when considering any action against a defendant who fails a drug 
test.''.
    (e) Conditions of Parole.--Section 4209(a) of title 18, United 
States Code, is amended by inserting after the first sentence the 
following: ``In every case, the Commission shall also impose as a 
condition of parole that the parolee pass a drug test prior to release 
and refrain from any unlawful use of a controlled substance and submit 
to at least 2 periodic drug tests (as determined by the Commission) for 
use of a controlled substance. The condition stated in the preceding 
sentence may be ameliorated or suspended by the Commission for any 
individual parolee if it determines that there is good cause for doing 
so. The results of a drug test administered in accordance with the 
provisions of the preceding sentence shall be subject to confirmation 
only if the results are positive, the defendant is subject to possible 
imprisonment for such failure, and either the defendant denies the 
accuracy of such test or there is some other reason to question the 
results of the test. A drug test confirmation shall be a urine drug 
test confirmed using gas chromatography/mass spectrometry techniques or 
such test as the Director of the Administrative Office of the United 
States Courts after consultation with the Secretary of Health and Human 
Services may determine to be of equivalent accuracy. The Commission 
shall consider whether the availability of appropriate substance abuse 
treatment programs, or an individual's current or past participation in 
such programs, warrants an exception in accordance with United States 
Sentencing Commission guidelines from the rule of subsection 3565(b) 
when considering any action against a defendant who fails a drug 
test.''.

      Subtitle C--Enhanced Penalties for Drugs in Federal Prisons

SEC. 1306. ENHANCEMENT OF PENALTIES FOR DRUG TRAFFICKING IN FEDERAL 
              PRISONS.

    (a) Sentencing Commission Direction.--Pursuant to its authority 
under 994 of title 28, United States, Code, the United States 
Sentencing Commission shall amend its sentencing guidelines to provide 
an appropriate enhancement of any controlled substances offense if the 
offense was committed while the defendant was imprisoned.
    (b) Title 18 Amendments.--Section 1791 of title 18, United States, 
Code, is amended--
            (1) 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'';
            (2) in subsection (d)(1)(B), by inserting before 
        ``ammunition,'' the following: ``marijuana or a controlled 
        substance in schedule III, other than a controlled substance 
        referred to in subparagraph (C) of this subsection,'';
            (3) in subsection (d)(1)(C), by inserting 
        ``methamphetamine, its salts, isomers, and salts of its 
        isomers,'' after ``a narcotic drug,'';
            (4) in subsection (d)(1)(D), by inserting ``(A), (B), or'' 
        before ``(C)''; and
            (5) in subsection (b), by striking ``(c)'' each place it 
        appears and inserting in lieu thereof ``(d)''.

SEC. 1307. ENHANCED PENALTIES FOR ILLEGAL DRUG USE IN FEDERAL PRISONS.

    (a) Declaration of Policy.--It is the policy of the Federal 
Government that the use or distribution of illegal drugs in the 
Nation's Federal prisons will not be tolerated and that such crimes 
shall be prosecuted to the fullest extent of the law.
    (b) Sentencing Guidelines.--Pursuant to its authority under section 
994 of title 28, United States Code, the United States Sentencing 
Commission shall amend its sentencing guidelines to provide for an 
appropriate enhancement of the penalty for a person convicted of an 
offense--
            ``(1) under section 404 of the Controlled Substances Act 
        involving simple possession of a controlled substance within a 
        Federal prison or other Federal detention facility; or
            ``(2) under section 401(b) of the Controlled Substances Act 
        involving the smuggling of a controlled substance into a 
        Federal prison or other Federal detention facility or the 
        distribution or intended distribution of a controlled substance 
        within a Federal prison or other Federal detention facility.
    (c) No Probation or Suspension of Sentence.--Notwithstanding any 
other law, the court shall not place on probation or suspend the 
sentence of a person convicted of an offense described in subsection 
(b).

             Subtitle D--Drug Treatment in Federal Prisons

SEC. 1308. DRUG TREATMENT IN FEDERAL PRISONS.

    (a) Definitions.--As used in this section--
            (1) the term ``residential substance abuse treatment'' 
        means a course of individual and group activities, lasting 
        between 9 and 12 months, in residential treatment facilities 
        set apart from the general prison population--
                    (A) directed at the substance abuse problems of the 
                prisoner; and
                    (B) intended to develop the prisoner's cognitive, 
                behavioral, social, vocational, and other skills so as 
                to solve the prisoner's substance abuse and related 
                problems; and
            (2) the term ``eligible prisoner'' means a prisoner who 
        is--
                    (A) determined by the Bureau of Prisons to have a 
                substance abuse problem; and
                    (B) willing to participate in a residential 
                substance abuse treatment program.
    (b) Implementation of Substance Abuse Treatment Requirement.--
            (1) In order to carry out the requirement of the last 
        sentence of section 3621(b) of title 18, United States Code, 
        that every prisoner with a substance abuse problem have the 
        opportunity to participate in appropriate substance abuse 
        treatment, the Bureau of Prisons shall provide residential 
        substance abuse treatment--
                    (A) for not less than 50 percent of eligible 
                prisoners by the end of fiscal year 1995;
                    (B) for not less than 75 percent of eligible 
                prisoners by the end of fiscal year 1996; and
                    (C) for all eligible prisoners by the end of fiscal 
                year 1997 and thereafter.
            (2) Section 3621 of title 18, United States Code, is 
        amended by adding at the end the following:
    ``(d) Incentive for Prisoners' Successful Completion of Treatment 
Program.--
            ``(1) Generally.--Any prisoner who, in the judgment of the 
        Director of the Bureau of Prisons, has successfully completed a 
        program of residential substance abuse treatment provided under 
        subsection (b) of this section, shall remain in the custody of 
        the Bureau for such time (as limited by paragraph (2) of this 
        subsection) and under such conditions, as the Bureau deems 
        appropriate. If the conditions of confinement are different 
        from those the prisoner would have experienced absent the 
        successful completion of the treatment, the Bureau shall 
        periodically test the prisoner for drug abuse and discontinue 
        such conditions on determining that drug abuse has recurred.
            ``(2) Period of Custody.--The period the prisoner remains 
        in custody after successfully completing a treatment program 
        shall not exceed the prison term the law would otherwise 
        require such prisoner to serve, but may not be less than such 
        term minus one year.''.
    (c) Report.--The Bureau of Prisons shall transmit to the Committees 
on the Judiciary of the Senate and the House of Representatives on 
January 1, 1995, and on January 1 of each year thereafter, a report. 
Such report shall contain--
            (1) a detailed quantitative and qualitative description of 
        each substance abuse treatment program, residential or not, 
        operated by the Bureau;
            (2) a full explanation of how eligibility for such programs 
        is determined, with complete information on what proportion of 
        prisoners with substance abuse problems are eligible; and
            (3) a complete statement of to what extent the Bureau has 
        achieved compliance with the requirements of this title.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated in each fiscal year such sums as may be necessary to carry 
out this section.

                          Subtitle E--Studies

SEC. 1309. NATIONAL INSTITUTE OF JUSTICE STUDY.

    (a) Feasibility Study.--The National Institute of Justice shall 
study the feasibility of establishing a clearinghouse to provide 
information to interested persons to facilitate the transfer of 
prisoners in State correctional institutions to other such correctional 
institutions, pursuant to the Interstate Corrections Compact or other 
applicable interstate compact, for the purpose of allowing prisoners to 
serve their prison sentences at correctional institutions in close 
proximity to their families.
    (b) Report to Congress.--The National Institute of Justice shall, 
not later than 1 year after the date of the enactment of this Act, 
submit to the Committees on the Judiciary of the House of 
Representatives and the Senate a report containing the results of the 
study conducted under subsection (a), together with any recommendations 
the Institute may have on establishing a clearinghouse described in 
such subsection.
    (c) Definition.--For purposes of this section, the term ``State'' 
includes the District of Columbia and any territory or possession of 
the United States.

SEC. 1310. STUDY AND ASSESSMENT OF ALCOHOL USE AND TREATMENT.

    The Director of the National Institute of Justice shall--
            (1) conduct a study to compare the recidivism rates of 
        individuals under the influence of alcohol or alcohol in 
        combination with other drugs at the time of their offense--
                    (A) who participated in a residential treatment 
                program while in the custody of the State; and
                    (B) who did not participate in a residential 
                treatment program while in the custody of the State.
            (2) conduct a nationwide assessment regarding the use of 
        alcohol and alcohol in combination with other drugs as a factor 
        in violent, domestic, and general criminal activity.

                         TITLE XIV--RURAL CRIME

          Subtitle A--Fighting Drug Trafficking in Rural Areas

SEC. 1401. AUTHORIZATIONS FOR RURAL LAW ENFORCEMENT AGENCIES.

    (a) Authorization of Appropriations.--The second paragraph (7) of 
section 1001(a) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 is amended--
            (1) by striking ``(7)'' and inserting ``(8)''; and
            (2) by striking ``and such'' and all that follows through 
        ``part O'' and inserting ``$50,000,000 for fiscal year 1994, 
        and such sums as may be necessary for fiscal years 1995 and 
        1996 to carry out part O of this title''.
    (b) Amendment to Base Allocation.--Section 1501(a)(2)(A) of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by 
striking ``$100,000'' and inserting ``$250,000''.

SEC. 1402. RURAL DRUG ENFORCEMENT TASK FORCES.

    (a) Establishment.--Not later than 1 year after the date of 
enactment of this Act, the Attorney General, in consultation with the 
Governors, mayors, and chief executive officers of State and local law 
enforcement agencies, shall establish a Rural Drug Enforcement Task 
Force in each of the Federal judicial districts which encompass 
significant rural lands.
    (b) Task Force Membership.--The task forces established under 
subsection (a) shall be chaired by the United States Attorney for the 
respective Federal judicial district. The task forces shall include 
representatives from--
            (1) State and local law enforcement agencies;
            (2) the Drug Enforcement Administration;
            (3) the Federal Bureau of Investigation;
            (4) the Immigration and Naturalization Service; and
            (5) law enforcement officers from the United States Park 
        Police, United States Forest Service and Bureau of Land 
        Management, and such other Federal law enforcement agencies as 
        the Attorney General may direct.

SEC. 1403. CROSS-DESIGNATION OF FEDERAL OFFICERS.

    The Attorney General may cross-designate up to 100 law enforcement 
officers from each of the agencies specified under section 1502(b)(5) 
with jurisdiction to enforce the provisions of the Controlled 
Substances Act on non-Federal lands to the extent necessary to effect 
the purposes of this title.

SEC. 1404. RURAL DRUG ENFORCEMENT TRAINING.

    (a) Specialized Training for Rural Officers.--The Director of the 
Federal Law Enforcement Training Center shall develop a specialized 
course of instruction devoted to training law enforcement officers from 
rural agencies in the investigation of drug trafficking and related 
crimes.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated $1,000,000 for each of the fiscal years 1994, 1995 and 
1996 to carry out the purposes of subsection (a) of this section.

        Subtitle B--Drug Free Truck Stops and Safety Rest Areas

SEC. 1405. DRUG FREE TRUCK STOPS AND SAFETY REST AREAS.

    (a) Amendment to Controlled Substances Act.--
            (1) In general.--Part D of the Controlled Substances Act 
        (21 U.S.C. 801 et seq.) is amended by inserting after section 
        408 the following new section:

                    ``transportation safety offenses

    ``Sec. 409. (a) Any person who violates section 401(a)(1) or 
section 416 by distributing or possessing with intent to distribute a 
controlled substance in or on, or within 1,000 feet of, a truck stop or 
safety rest area is (except as provided in subsection (b)) subject to--
            ``(1) twice the maximum punishment authorized by section 
        401(b); and
            ``(2) twice any term of supervised release authorized by 
        section 401(b) for a first offense.
    ``(b) Any person who violates section 401(a)(1) or section 416 by 
distributing or possessing with intent to distribute a controlled 
substance in or on, or within 1,000 feet of, a truck stop or a safety 
rest area after a prior conviction or convictions under subsection (a) 
have become final is subject to--
            ``(1) 3 times the maximum punishment authorized by section 
        401(b); and
            ``(2) 3 times any term of supervised release authorized by 
        section 401(b) for a first offense.
    ``(c) For purposes of this section--
            ``(1) the term `safety rest area' means a roadside facility 
        with parking facilities for the rest or other needs of 
        motorists; and
            ``(2) the term `truck stop' means any facility (including 
        any parking lot appurtenant thereto) that has the capacity to 
        provide fuel or service, or both, to any commercial motor 
        vehicle as defined under section 12019(6) of the Commercial 
        Motor Vehicle Safety Act of 1986, operating in commerce as 
        defined in section 12019(3) of such Act and that is located 
        within 2,500 feet of the National System of Interstate and 
        Defense Highways or the Federal-Aid Primary System.''.
            (2) Conforming Amendments.--
                    (A) Cross reference.--Section 401(b) of such Act 
                (21 U.S.C. 841(b)) is amended by inserting ``409,'' 
                immediately before ``418,'' each place it appears.
                    (B) Table of contents.--The table of contents of 
                the Comprehensive Drug Abuse Prevention and Control Act 
                of 1970 is amended by striking the item relating to 
                section 409, the following new item:

        ``Sec. 409. Transportation safety offenses.''.
    (b) Sentencing Guidelines.--
            (1) Promulgation of guidelines.--Pursuant to its authority 
        under section 994 of title 28, United States Code, and section 
        21 of the Sentencing Act of 1987 (28 U.S.C. 994 note), the 
        United States Sentencing Commission shall amend its sentencing 
        guidelines to provide an appropriate enhancement of punishment 
        for a defendant convicted of violating section 409 of the 
        Controlled Substances Act, as added by subsection (a).
            (2) Limitation.--The guidelines described in paragraph (1), 
        as amended under this subsection, shall provide that an offense 
        that could be subject to multiple enhancements pursuant to this 
        subsection is subject to not more than one such enhancement.

                         TITLE XV--DRUG CONTROL

                    Subtitle A--Drug Emergency Areas

SEC. 1501. DRUG EMERGENCY AREAS.

    Section 1005 of the National Narcotics Leadership Act of 1988 (21 
U.S.C. 1504) is amended by adding at the end the following:
    ``(e) Declaration of Drug Emergency Areas.--
            ``(1) Presidential declaration.--(A) In the event that a 
        major drug-related emergency exists throughout a State or a 
        part of a State or where the threat of a drug-related emergency 
        exists to part of a State bordering part of a foreign country 
        where a drug-related emergency is known to exist, the President 
        may, in consultation with the Director and other appropriate 
        officials, declare such State or part of a State to be a drug 
        emergency area and may take any and all necessary actions 
        authorized by this subsection or otherwise authorized by law.
            ``(B) For the purposes of this subsection, the term `major 
        drug-related emergency' means any occasion or instance in which 
        drug smuggling, drug trafficking, drug abuse, or drug-related 
        violence reaches such levels, as determined by the President, 
        that Federal assistance is needed to supplement State and local 
        efforts and capabilities to save lives, and to protect property 
        and public health and safety.
            ``(2) Procedure for declaration.--(A) All requests for a 
        declaration by the President designating an area to be a drug 
        emergency area shall be made, in writing, by the Governor or 
        chief executive officer of any affected State or local 
        government, respectively, and shall be forwarded to the 
        President through the Director in such form as the Director may 
        by regulation require. One or more cities, counties, or States 
        may submit a joint request for designation as a drug emergency 
        area under this subsection.
            ``(B) Any request made under subparagraph (A) of this 
        paragraph shall be based on a written finding that the major 
        drug-related emergency is of such severity and magnitude, that 
        Federal assistance is necessary to assure an effective response 
        to save lives, and to protect property and public health and 
        safety.
            ``(C) The President shall not limit declarations made under 
        this subsection to highly-populated centers of drug 
        trafficking, drug smuggling, drug use or drug-related violence, 
        but shall also consider applications from governments of less 
        populated areas where the magnitude and severity of such 
        activities is beyond the capability of the State or local 
        government to respond.
            ``(D) As part of a request for a declaration by the 
        President under this subsection, and as a prerequisite to 
        Federal drug emergency assistance under this subsection, the 
        Governor(s) or chief executive officer(s) shall--
                    ``(i) take appropriate action under State or local 
                law and furnish such information on the nature and 
                amount of State and local resources which have been or 
                will be committed to alleviating the major drug-related 
                emergency;
                    ``(ii) certify that State and local government 
                obligations and expenditures will comply with all 
                applicable cost-sharing requirements of this 
                subsection; and
                    ``(iii) submit a detailed plan outlining that 
                government's short- and long-term plans to respond to 
                the major drug-related emergency, specifying the types 
                and levels of Federal assistance requested, and 
                including explicit goals (where possible quantitative 
                goals) and timetables and shall specify how Federal 
                assistance provided under this subsection is intended 
                to achieve such goals.
            ``(E) The Director shall review any request submitted 
        pursuant to this subsection and forward the application, along 
        with a recommendation to the President on whether to approve or 
        disapprove the application, within 30 days after receiving such 
        application. Based on the application and the recommendation of 
        the Director, the President may declare an area to be a drug 
        emergency area under this subsection.
            ``(3) Federal monetary assistance.--(A) The President is 
        authorized to make grants to State or local governments of up 
        to, in the aggregate for any single major drug-related 
        emergency, $25,000,000.
            ``(B) The Federal share of assistance under this section 
        shall not be greater than 75 percent of the costs necessary to 
        implement the short- and long-term plan outlined in paragraph 
        (2)(D)(iii).
            ``(C) Federal assistance under this subsection shall not be 
        provided to a drug disaster area for more than 1 year. In any 
        case where Federal assistance is provided under this Act, the 
        Governor(s) or chief executive officer(s) may apply to the 
        President, through the Director, for an extension of assistance 
        beyond 1 year. The President, based on the recommendation of 
        the Director, may extend the provision of Federal assistance 
        for not more than an additional 180 days.
            ``(D) Any State or local government receiving Federal 
        assistance under this subsection shall balance the allocation 
        of such assistance evenly between drug supply reduction and 
        drug demand reduction efforts, unless State or local conditions 
        dictate otherwise.
            ``(4) Nonmonetary assistance.--In addition to the 
        assistance provided under paragraph (3), the President may--
                    ``(A) direct any Federal agency, with or without 
                reimbursement, to utilize its authorities and the 
                resources granted to it under Federal law (including 
                personnel, equipment, supplies, facilities, and 
                managerial, technical, and advisory services) in 
                support of State and local assistance efforts; and
                    ``(B) provide technical and advisory assistance, 
                including communications support and law enforcement-
                related intelligence information.
            ``(5) Issuance of implementing regulations.--Not later than 
        90 days after the date of the enactment of this subsection, the 
        Director shall issue regulations to implement this subsection, 
        including such regulations as may be necessary relating to 
        applications for Federal assistance and the provision of 
        Federal monetary and nonmonetary assistance.
            ``(6) Audit by comptroller general.--Assistance under this 
        subsection shall be subject to annual audit by the Comptroller 
        General.
            ``(7) Authorization of appropriations.--There are 
        authorized to be appropriated for each of fiscal years 1994, 
        1995, and 1996, $100,000,000 to carry out this subsection.''.

                    Subtitle B--Precursor Chemicals

SEC. 1502. DEFINITION AMENDMENTS.

    (a) Definitions.--Section 102 of the Controlled Substances Act (21 
U.S.C. 802) is amended--
            (1) in paragraph (33) by striking ``any listed precursor 
        chemical or listed essential chemical'' and inserting ``any 
        list I chemical or any list II chemical'';
            (2) in paragraph (34)--
                    (A) by striking ``listed precursor chemical'' and 
                inserting ``list I chemical''; and
                    (B) by striking ``critical to the creation'' and 
                inserting ``important to the manufacturer'';
            (3) in paragraph (34) (A), (F), and (H), by inserting ``, 
        its esters'' before ``and'';
            (4) in paragraph (35)--
                    (A) by striking ``listed essential chemical'' and 
                inserting ``list II chemical'';
                    (B) by inserting ``(other than a list I chemical)'' 
                before ``specified'';
                    (C) by striking ``as a solvent, reagent, or 
                catalyst''; and
            (5) in paragraph (38) by inserting ``or who acts as a 
        broker or trader for an international transaction involving a 
        listed chemical, a tableting machine, or an encapsulating 
        machine'' before the period;
            (6) in paragraph (39)(A)--
                    (A) by striking ``importation or exportation of'' 
                and inserting ``importation, or exportation of, or an 
                international transaction involving shipment of,'';
                    (B) in clause (iii) by inserting ``or any category 
                of transaction for a specific listed chemical or 
                chemicals'' after ``transaction'';
                    (C) by amending clause (iv) to read as follows:
                    ``(iv) any transaction in a listed chemical that is 
                contained in a drug that may be marketed or distributed 
                lawfully in the United States under the Federal Food, 
                Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) unless--
                            ``(I)(aa) the drug contains ephedrine or 
                        its salts, optical isomers, or salts of optical 
                        isomers as the only active medicinal ingredient 
                        or contains ephedrine and therapeutically 
                        insignificant quantities of another active 
                        medicinal ingredient; or
                            ``(bb) the Attorney General has determined 
                        under section 204 that the drug or group of 
                        drugs is being diverted to obtain the listed 
                        chemical for use in the illicit production of a 
                        controlled substance; and
                            ``(II) the quantity of ephedrine or other 
                        listed chemical contained in the drug included 
                        in the transaction or multiple transactions 
                        equals or exceeds the threshold established for 
                        that chemical by the Attorney General.''; and
                    (D) in clause (v) by striking the semicolon and 
                inserting ``which the Attorney General has by 
                regulation designated as exempt from the application of 
                this title and title II based on a finding that the 
                mixture is formulated in such a way that it cannot be 
                easily used in the illicit production of a controlled 
                substance and that the listed chemical or chemicals 
                contained in the mixture cannot be readily 
                recovered;'';
            (7) in paragraph (40) by striking ``listed precursor 
        chemical or a listed essential chemical'' each place it appears 
        and inserting ``list I chemical or a list II chemical''; and
            (8) by adding at the end the following new paragraphs:
    ``(43) The term `international transaction' means a transaction 
involving the shipment of a listed chemical across an international 
border (other than a United States border) in which a broker or trader 
located in the United States participates.
    ``(44) The terms `broker' and `trader' mean a person that assists 
in arranging an international transaction in a listed chemical by--
            ``(A) negotiating contracts;
            ``(B) serving as an agent or intermediary; or
            ``(C) bringing together a buyer and seller, buyer, and 
        transporter, or a seller and transporter.''.
    (b) Removal of Exemption of Certain Drugs.--
            (1) Procedure.--Part B of the Controlled Substances Act (21 
        U.S.C. 811 et seq.) is amended by adding at the end the 
        following new section:

                ``removal of exemption of certain drugs

    ``Sec. 204. (a) Removal of Exemption.--The Attorney General shall 
by regulation remove from exemption under section 102(39)(A)(iv)(II) a 
drug or group of drugs that the Attorney General finds is being 
diverted to obtain a listed chemical for use in the illicit production 
of a controlled substance.
    ``(b) Factors To Be Considered.--In removing a drug or group of 
drugs from exemption under subsection (a), the Attorney General shall 
consider, with respect to a drug or group of drugs that is proposed to 
be removed from exemption--
            ``(1) the scope, duration, and significance of the 
        diversion;
            ``(2) whether the drug or group of drugs is formulated in 
        such a way that it cannot be easily used in the illicit 
        production of a controlled substance; and
            ``(3) whether the listed chemical can be readily recovered 
        from the drug or group of drugs.
    ``(c) Specificity of Designation.--The Attorney General shall limit 
the designation of a drug or a group of drugs removed from exemption 
under subsection (a) to the most particularly identifiable type of drug 
or group of drugs for which evidence of diversion exists unless there 
is evidence, based on the pattern of diversion and other relevant 
factors, that the diversion will not be limited to that particular drug 
or group of drugs.
    ``(d) Reinstatement of Exemption With Respect to Particular Drug 
Products.--
            ``(1) Reinstatement.--On application by a manufacturer of a 
        particular drug product that has been removed from exemption 
        under subsection (a), the Attorney General shall by regulation 
        reinstate the exemption with respect to that particular drug 
        product if the Attorney General determines that the particular 
        drug product is manufactured and distributed in a manner that 
        prevents diversion.
            ``(2) Factors to be considered.--In deciding whether to 
        reinstate the exemption with respect to a particular drug 
        product under paragraph (1), the Attorney General shall 
        consider--
                    ``(A) the package sizes and manner of packaging of 
                the drug product;
                    ``(B) the manner of distribution and advertising of 
                the drug product;
                    ``(C) evidence of diversion of the drug product;
                    ``(D) any actions taken by the manufacturer to 
                prevent diversion of the drug product; and
                    ``(E) such other factors as are relevant to and 
                consistent with the public health and safety, including 
                the factors described in subsection (b) as applied to 
                the drug product.
            ``(3) Status pending application for reinstatement.--A 
        transaction involving a particular drug product that is the 
        subject of a bona fide pending application for reinstatement of 
        exemption filed with the Attorney General not later than 60 
        days after a regulation removing the exemption is issued 
        pursuant to subsection (a) shall not be considered to be a 
        regulated transaction if the transaction occurs during the 
        pendency of the application and, if the Attorney General denies 
        the application, during the period of 60 days following the 
        date on which the Attorney General denies the application, 
        unless--
                    ``(A) the Attorney General has evidence that, 
                applying the factors described in subsection (b) to the 
                drug product, the drug product is being diverted; and
                    ``(B) the Attorney General so notifies the 
                applicant.
            ``(4) Amendment and modification.--A regulation reinstating 
        an exemption under paragraph (1) may be modified or revoked 
        with respect to a particular drug product upon a finding that--
                    ``(A) applying the factors described in subsection 
                (b) to the drug product, the drug product is being 
                diverted; or
                    ``(B) there is a significant change in the data 
                that led to the issuance of the regulation.''.
            (2) Technical amendment.--The table of contents of the 
        Comprehensive Drug Abuse Prevention and Control Act of 1970 (84 
        Stat. 1236) is amended by adding at the end of the section 
        relating to part B of title II the following new item:

``Sec. 204. Removal of exemption of certain drugs.''.
    (c) Regulation of Listed Chemicals.--Section 310 of the Controlled 
Substances Act (21 U.S.C. 830) is amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``precursor chemical'' and 
                inserting ``list I chemical''; and
                    (B) in subparagraph (B) by striking ``an essential 
                chemical'' and inserting ``a list II chemical''; and
            (2) in subsection (c)(2)(D) by striking ``precursor 
        chemical'' and inserting ``chemical control''.

SEC. 1503. REGISTRATION REQUIREMENTS.

    (a) Rules and Regulations.--Section 301 of the Controlled 
Substances Act (21 U.S.C. 821) is amended by striking the period and 
inserting ``and to the registration and control of regulated persons 
and of regulated transactions.''.
    (b) Persons Required To Register Under Section 302.--Section 302 of 
the Controlled Substances Act (21 U.S.C. 822) is amended--
            (1) in subsection (a)(1) by inserting ``or list I 
        chemical'' after ``controlled substance'' each place it 
        appears;
            (2) in subsection (b)--
                    (A) by inserting ``or list I chemicals'' after 
                ``controlled substances''; and
                    (B) by inserting ``or chemicals'' after ``such 
                substances'';
            (3) in subsection (c) by inserting ``or list I chemical'' 
        after ``controlled substance'' each place it appears; and
            (4) in subsection (e) by inserting ``or list I chemicals'' 
        after ``controlled substances''.
    (c) Registration Requirements Under Section 303.--Section 303 of 
the Controlled Substances Act (21 U.S.C. 823) is amended by adding at 
the end the following new subsection:
    ``(h) The Attorney General shall register an applicant to 
distribute a list I chemical unless the Attorney General determines 
that registration of the applicant is inconsistent with the public 
interest. Registration under this subsection shall not be required for 
the distribution of a drug product that is exempted under section 
102(39)(A)(iv). In determining the public interest for the purposes of 
this subsection, the Attorney General shall consider--
            ``(1) maintenance by the applicant of effective controls 
        against diversion of listed chemicals into other than 
        legitimate channels;
            ``(2) compliance by the applicant with applicable Federal, 
        State and local law;
            ``(3) any prior conviction record of the applicant under 
        Federal or State laws relating to controlled substances or to 
        chemicals controlled under Federal or State law;
            ``(4) any past experience of the applicant in the 
        manufacture and distribution of chemicals; and
            ``(5) such other factors as are relevant to and consistent 
        with the public health and safety.''.
    (d) Denial, Revocation, or Suspension of Registration.--Section 304 
of the Controlled Substances Act (21 U.S.C. 824) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``or a list I chemical'' after 
                ``controlled substance'' each place it appears; and
                    (B) by inserting ``or list I chemicals'' after 
                ``controlled substances'';
            (2) in subsection (b) by inserting ``or list I chemical'' 
        after ``controlled substance'';
            (3) in subsection (f) by inserting ``or list I chemicals'' 
        after ``controlled substances'' each place it appears; and
            (4) in subsection (g)--
                    (A) by inserting ``or list I chemicals'' after 
                ``controlled substances'' each place it appears; and
                    (B) by inserting ``or list I chemical'' after 
                ``controlled substance'' each place it appears.
    (e) Persons Required To Register Under Section 1007.--Section 1007 
of the Controlled Substances Import and Export Act (21 U.S.C. 957) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1) by inserting ``or list I 
                chemical'' after ``controlled substance''; and
                    (B) in paragraph (2) by striking ``in schedule I, 
                II, III, IV, or V,'' and inserting ``or list I 
                chemical,''; and
            (2) in subsection (b)--
                    (A) in paragraph (1) by inserting ``or list I 
                chemical'' after ``controlled substance'' each place it 
                appears; and
                    (B) in paragraph (2) by inserting ``or list I 
                chemicals'' after ``controlled substances''.
    (f) Registration Requirements Under Section 1008.--Section 1008 of 
the Controlled Substances Import and Export Act (21 U.S.C. 958) is 
amended--
            (1) in subsection (c)--
                    (A) by inserting ``(1)'' after ``(c)''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2)(A) The Attorney General shall register an applicant to import 
or export a list I chemical unless the Attorney General determines that 
registration of the applicant is inconsistent with the public interest. 
Registration under this subsection shall not be required for the import 
or export of a drug product that is exempted under section 
102(39)(A)(iv).
    ``(B) In determining the public interest for the purposes of 
subparagraph (A), the Attorney General shall consider the factors 
specified in section 303(h).'';
            (2) in subsection (d)--
                    (A) in paragraph (3) by inserting ``or list I 
                chemical or chemicals,'' after ``substances,''; and
                    (B) in paragraph (6) by inserting ``or list I 
                chemicals'' after ``controlled substances'' each place 
                it appears;
            (3) in subsection (e) by striking ``and 307'' and inserting 
        ``307, and 310''; and
            (4) in subsections (f), (g), and (h) by inserting ``or list 
        I chemicals'' after ``controlled substances'' each place it 
        appears.
    (g) Prohibited Acts C.--Section 403(a) of the Controlled Substances 
Act (21 U.S.C. 843(a)) is amended--
            (1) by striking ``or'' at the end of paragraph (7);
            (2) by striking the period at the end of paragraph (8) and 
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(9) if the person is a regulated person, to distribute, 
        import, or export a list I chemical without the registration 
        required by this Act.''.

SEC. 1504. REPORTING OF LISTED CHEMICAL MANUFACTURING.

    Section 310(b) of the Controlled Substances Act (21 U.S.C. 830(b)) 
is amended--
            (1) by inserting ``(1)'' after ``(b)'';
            (2) by redesignating paragraphs (1), (2), (3), and (4) as 
        subparagraphs (A), (B), (C), and (D), respectively;
            (3) by striking ``paragraph (1)'' each place it appears and 
        inserting ``subparagraph (A)'';
            (4) by striking ``paragraph (2)'' and inserting 
        ``subparagraph (B)'';
            (5) by striking ``paragraph (3)'' and inserting 
        ``subparagraph (C)''; and
            (6) by adding at the end the following new paragraph:
            ``(2) A regulated person that manufactures a listed 
        chemical shall report annually to the Attorney General, in such 
        form and manner and containing such specific data as the 
        Attorney General shall prescribe by regulation, information 
        concerning listed chemicals manufactured by the person. The 
        requirement of the preceding sentence shall not apply to the 
        manufacture of a drug product that is exempted under section 
        102(39)(A)(iv).''.

SEC. 1505. REPORTS BY BROKERS AND TRADERS; CRIMINAL PENALTIES.

    (a) Notification, Suspension of Shipment, and Penalties With 
Respect to Importation and Exportation of Listed Chemicals.--Section 
1018 of the Controlled Substances Import and Export Act (21 U.S.C. 971) 
is amended by adding at the end the following new subsection:
    ``(d) A person located in the United States who is a broker or 
trader for an international transaction in a listed chemical that is a 
regulated transaction solely because of that person's involvement as a 
broker or trader shall, with respect to that transaction, be subject to 
all of the notification, reporting, recordkeeping, and other 
requirements placed upon exporters of listed chemicals by this title 
and title II.''.
    (b) Prohibited Acts A.--Section 1010(d) of the Controlled 
Substances Import and Export Act (21 U.S.C. 960(d)) is amended to read 
as follows:
    ``(d) A person who knowingly or intentionally--
            ``(1) imports or exports a listed chemical with intent to 
        manufacture a controlled substance in violation of this title 
        or title II;
            ``(2) exports a listed chemical in violation of the laws of 
        the country to which the chemical is exported or serves as a 
        broker or trader for an international transaction involving a 
        listed chemical, if the transaction is in violation of the laws 
        of the country to which the chemical is exported;
            ``(3) imports or exports a listed chemical knowing, or 
        having reasonable cause to believe, that the chemical will be 
        used to manufacture a controlled substance in violation of this 
        title or title II; or
            ``(4) exports a listed chemical, or serves as a broker or 
        trader for an international transaction involving a listed 
        chemical, knowing, or having reasonable cause to believe, that 
        the chemical will be used to manufacture a controlled substance 
        in violation of the laws of the country to which the chemical 
        is exported,
shall be fined in accordance with title 18, imprisoned not more than 10 
years, or both.''.

SEC. 1506. EXEMPTION AUTHORITY; ADDITIONAL PENALTIES.

    (a) Notification Requirement.--Section 1018 of the Controlled 
Substances Import and Export Act (21 U.S.C. 971), as amended by section 
5(a), is amended by adding at the end the following new subsection:
    ``(e)(1) The Attorney General may by regulation require that the 
15-day notification requirement of subsection (a) apply to all exports 
of a listed chemical to a specified country, regardless of the status 
of certain customers in such country as regular customers, if the 
Attorney General finds that such notification is necessary to support 
effective chemical diversion control programs or is required by treaty 
or other international agreement to which the United States is a party.
    ``(2) The Attorney General may by regulation waive the 15-day 
notification requirement for exports of a listed chemical to a 
specified country if the Attorney General determines that such 
notification is not required for effective chemical diversion control. 
If the notification requirement is waived, exporters of the listed 
chemical shall be required to submit to the Attorney General reports of 
individual exportations or periodic reports of such exportation of the 
listed chemical, at such time or times and containing such information 
as the Attorney General shall establish by regulation.
    ``(3) The Attorney General may by regulation waive the 15-day 
notification requirement for the importation of a listed chemical if 
the Attorney General determines that such notification is not necessary 
for effective chemical diversion control. If the notification 
requirement is waived, importers of the listed chemical shall be 
required to submit to the Attorney General reports of individual 
importations or periodic reports of the importation of the listed 
chemical, at such time or times and containing such information as the 
Attorney General shall establish by regulation.''.
    (b) Prohibited Acts A.--Section 1010(d) of the Controlled 
Substances Import and Export Act (21 U.S.C. 960(d)), as amended by 
section 5(b),. is amended--
            (1) by striking ``or'' at the end of paragraph (3);
            (2) by striking the comma at the end of paragraph (4) and 
        inserting a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(5) imports or exports a listed chemical, with the intent 
        to evade the reporting or recordkeeping requirements of section 
        1018 applicable to such importation or exportation by falsely 
        representing to the Attorney General that the importation or 
        exportation qualifies for a waiver of the 15-day notification 
        requirement granted pursuant to section 1018(e) (2) or (3) by 
        misrepresenting the actual country of final destination of the 
        listed chemical or the actual listed chemical being imported or 
        exported; or
            ``(6) imports or exports a listed chemical in violation of 
        section 1007 or 1018,''.

SEC. 1507. AMENDMENTS TO LIST I.

    Section 102(34) of the Controlled Substances Act (21 U.S.C. 
802(34)) is amended--
            (1) by striking subparagraphs (O), (U), and (W);
            (2) by redesignating subparagraphs (P) through (T) as (O) 
        through (S), subparagraph (V) as (T), and subparagraphs (X) and 
        (Y) as (U) and (X), respectively;
            (3) in subparagraph (X), as redesignated by paragraph (2), 
        by striking ``(X)'' and inserting ``(U)''; and
            (4) by inserting after subparagraph (U), as redesignated by 
        paragraph (2), the following new subparagraphs:
                    ``(V) benzaldehyde.
                    ``(W) nitroethane.''.

SEC. 1508. ELIMINATION OF REGULAR SUPPLIER STATUS AND CREATION OF 
              REGULAR IMPORTER STATUS.

    (a) Definition.--Section 102(37) of the Controlled Substances Act 
(21 U.S.C. 802(37)) is amended to read as follows:
    ``(37) The term `regular importer' means, with respect to a listed 
chemical, a person that has an established record as an importer of 
that listed chemical that is reported to the Attorney General.''.
    (b) Notification.--Section 1018 of the Controlled Substances Act 
(21 U.S.C. 971) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1) by striking ``regular supplier 
                of the regulated person'' and inserting ``to an 
                importation by a regular importer''; and
                    (B) in paragraph (2)--
                            (i) by striking ``a customer or supplier of 
                        a regulated person'' and inserting ``a customer 
                        of a regulated person or to an importer''; and
                            (ii) by striking ``regular supplier'' and 
                        inserting ``the importer as a regular 
                        importer''; and
            (2) in subsection (c)(1) by striking ``regular supplier'' 
        and inserting ``regular importer''.

SEC. 1509. ADMINISTRATIVE INSPECTIONS AND AUTHORITY.

    Section 510 of the Controlled Substances Act (21 U.S.C. 880) is 
amended--
            (1) by amending subsection (a)(2) to read as follows:
            ``(2) places, including factories, warehouses, and other 
        establishments, and conveyances, where persons registered under 
        section 303 (or exempt from registration under section 302(d) 
        or by regulation of the Attorney General) or regulated persons 
        may lawfully hold, manufacture, distribute, dispense, 
        administer, or otherwise dispose of controlled substances or 
        listed chemicals or where records relating to those activities 
        are maintained.''; and
            (2) in subsection (b)(3)--
                    (A) in subparagraph (B) by inserting ``, listed 
                chemicals,'' after ``unfinished drugs''; and
                    (B) in subparagraph (C) by inserting ``or listed 
                chemical'' after ``controlled substance'' and inserting 
                ``or chemical'' after ``such substance''.

SEC. 1510. THRESHOLD AMOUNTS.

    Section 102(39)(A) of the Controlled Substances Act (21 U.S.C. 
802(39)(A)), as amended by section 2, is amended by inserting ``of a 
listed chemical, or if the Attorney General establishes a threshold 
amount for a specific listed chemical,'' before ``a threshold amount, 
including a cumulative threshold amount for multiple transactions''.

SEC. 1511. MANAGEMENT OF LISTED CHEMICALS.

    (a) In General.--Part C of the Controlled Substances Act (21 U.S.C. 
821 et seq.) is amended by adding at the end the following new section:

                    ``management of listed chemicals

    ``Sec. 311. (a) Offense.--It is unlawful for a person who possesses 
a listed chemical with the intent that it be used in the illegal 
manufacture of a controlled substance to manage the listed chemical or 
waste from the manufacture of a controlled substance otherwise than as 
required by regulations issued under sections 3001, 3002, 3003, 3004, 
and 3005 of the Solid Waste Disposal Act (42 U.S.C. 6921, 6922, 6923, 
6924, and 6925).
    ``(b) Enhanced Penalty.--(1) In addition to a penalty that may be 
imposed for the illegal manufacture, possession, or distribution of a 
listed chemical or toxic residue of a clandestine laboratory, a person 
who violates subsection (a) shall be assessed the costs described in 
paragraph (2) and shall be imprisoned as described in paragraph (3).
    ``(2) Pursuant to paragraph (1) a defendant shall be assessed the 
following costs to the United States, a State, or another authority or 
person that undertakes to correct the results of the improper 
management of a listed chemical:
            ``(A) The cost of initial cleanup and disposal of the 
        listed chemical and contaminated property.
            ``(B) The cost of restoring property that is damaged by 
        exposure to a listed chemical for rehabilitation under Federal, 
        State, and local standards.
    ``(3)(A) A violation of subsection (a) shall be punished as a class 
D felony, or in the case of a willful violation, as a class C felony.
    ``(B) The United States Sentencing Commission is directed to amend 
the Sentencing Guidelines to provide an appropriate enhancement of 
punishment for a willful violation of subsection (a).
    ``(4) A court may order that all or a portion of the earnings from 
work performed by a defendant in prison be withheld for payment of 
costs assessed under paragraph (2).
    ``(c) Use of Forfeited Assets.--The Attorney General may direct 
that assets forfeited in connection with a prosecution under this 
section be shared with State agencies that participated in the seizure 
or cleaning up of a contaminated site.''.
    (b) Exception to Discharge in Bankruptcy.--Section 523(a) of title 
11, United States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (11);
            (2) by striking the period at the end of paragraph (12) and 
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(13) for costs assessed under section 311(b) of the 
        Controlled Substances Act.''.

SEC. 1512. REGULATIONS AND EFFECTIVE DATE.

    (a) Regulations.--The Attorney General shall, not later than 90 
days after the date of enactment of this Act, issue regulations 
necessary to carry out this subtitle.
    (b) Effective Date.--This subtitle and the amendments made by this 
subtitle shall take effect on the date that is 120 days after the date 
of enactment of this Act.

                     Subtitle C--General Provisions

SEC. 1513. CLARIFICATION OF NARCOTIC OR OTHER DANGEROUS DRUGS UNDER THE 
              RICO STATUTE.

    Section 1961(1) of title 18, United States Code, is amended by 
striking ``narcotic or other dangerous drugs'' each place it appears 
and inserting in lieu thereof ``a controlled substance or listed 
chemical, as defined in section 102 of the Controlled Substances Act''.

SEC. 1514. CONFORMING AMENDMENTS TO RECIDIVIST PENALTY PROVISIONS OF 
              THE CONTROLLED SUBSTANCES ACT AND THE CONTROLLED 
              SUBSTANCES IMPORT AND EXPORT ACT.

    (1) Sections 401(b)(1) (B), (C), and (D) of the Controlled 
Substances Act (21 U.S.C. 841(b)(1) (B), (C), and (D)) and sections 
1010(b) (1), (2), and (3) of the Controlled Substances Import and 
Export Act (21 U.S.C. 960(b) (1), (2), and (3)) are each amended in the 
sentence or sentences beginning ``If any person commits'' by striking 
``one or more prior convictions'' through ``have become final'' and 
inserting in lieu thereof ``a prior conviction for a felony drug 
offense has become final'';
    (2) Section 1012(b) of the Controlled Substances Import and Export 
Act (21 U.S.C. 962(b)) is amended by striking ``one or more prior 
convictions of him for a felony under any provision of this title or 
title II or other law of a State, the United States, or a foreign 
country relating to narcotic drugs, marihuana, or depressant or 
stimulant drugs, have become final'' and inserting in lieu thereof 
``one or more prior convictions of such person for a felony drug 
offense have become final''.
    (3) Section 401(b)(1)(A) of the Controlled Substances Act (21 
U.S.C. 841(b)(1)(A)) is amended by striking the sentence beginning 
``For purposes of this subparagraph, the term `felony drug offense' 
means'';
    (4) Section 102 of the Controlled Substances Act (21 U.S.C. 802) is 
amended by adding at the end the following new paragraph:
    ``(43) The term `felony drug offense' means an offense that is 
punishable by imprisonment for more than one year under any law of the 
United States or of a State or foreign country that prohibits or 
restricts conduct relating to narcotic drugs, marihuana, or depressant 
or stimulant substances.''.

SEC. 1515. PENALTIES FOR DRUG DEALING IN PUBLIC HOUSING AUTHORITY 
              FACILITIES.

    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''.

SEC. 1516. ANABOLIC STEROIDS PENALTIES.

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

SEC. 1517. ADVERTISING.

    Section 403 of the Controlled Substances Act (21 U.S.C. 843) is 
amended--
            (1) by inserting after subsection (b) the following:
    ``(c) It shall be unlawful for any person to print, publish, place, 
or otherwise cause to appear in any newspaper, magazine, handbill, or 
other publications, any written advertisement knowing that it has the 
purpose of seeking or offering illegally to receive, buy, or distribute 
a Schedule I controlled substance. As used in this section the term 
`advertisement' includes, in addition to its ordinary meaning, such 
advertisements as those for a catalog of Schedule I controlled 
substances and any similar written advertisement that has the purpose 
of seeking or offering illegally to receive, buy, or distribute a 
Schedule I controlled substance. The term `advertisement' does not 
include material which merely advocates the use of a similar material, 
which advocates a position or practice, and does not attempt to propose 
or facilitate an actual transaction in a Schedule I controlled 
substance.''; and
            (2) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively.

SEC. 1518. ENHANCED PENALTIES FOR DRUG-DEALING IN DRUG-FREE ZONES.

    Pursuant to its authority under 994 of title 28, United States 
Code, the United States Sentencing Commission shall amend the 
Sentencing Guidelines to provide an appropriate enhancement of 
punishment for a defendant convicted of violating section 419 of the 
Controlled Substances Act (21 U.S.C. 860).

SEC. 1519. NATIONAL DRUG CONTROL STRATEGY.

    (a) In General.--Section 1005(a) of the National Narcotics 
Leadership Act of 1988 (21 U.S.C. 1504(a)) is amended by adding at the 
end the following:
    ``(5) Beginning with the first submission of a National Drug 
Control Strategy to Congress after the date of the enactment of the 
Violent Crime Control and Law Enforcement Act of 1993, the goals, 
objectives, and priorities of such Strategy shall include a goal for 
expanding the availability of treatment for drug addiction.''.
    (b) Sense of Congress.--It is the sense of Congress that among the 
long-term goals of the National Drug Control Strategy should be the 
availability of drug treatment to all who are in need of such 
treatment.

                  TITLE XVI--DRUNK DRIVING PROVISIONS

SEC. 1601. STATE LAWS APPLIED IN AREAS OF FEDERAL JURISDICTION.

    Section 13(b) of title 18, United States Code, is amended by--
            (1) striking ``For purposes'' and inserting ``(1) Subject 
        to paragraph (2) and for purposes''; and
            (2) adding at the end thereof the following new paragraph:
    ``(2)(A) In addition to any term of imprisonment provided for 
operating a motor vehicle under the influence of a drug or alcohol 
imposed under the law of a State, territory, possession, or district, 
the punishment for such an offense under this section shall include an 
additional term of imprisonment of not more than 1 year, or if serious 
bodily injury of a minor is caused, 5 years, or if death of a minor is 
caused, 10 years, and an additional fine of not more than $1,000, or 
both, if--
            ``(i) a minor (other than the offender) was present in the 
        motor vehicle when the offense was committed; and
            ``(ii) the law of the State, territory, possession, or 
        district in which the offense occurred does not provide an 
        additional term of imprisonment under the circumstances 
        described in clause (i).
    ``(B) For the purposes of subparagraph (A), the term `minor' means 
a person less than 18 years of age.''.

SEC. 1602. SENSE OF CONGRESS CONCERNING CHILD CUSTODY AND VISITATION 
              RIGHTS.

    It is the sense of the Congress that in determining child custody 
and visitation rights, the courts should take into consideration the 
history of drunk driving that any person involved in the determination 
may have.

                        TITLE XVII--COMMISSIONS

              Subtitle A--Commission on Crime and Violence

SEC. 1701. ESTABLISHMENT OF COMMISSION ON CRIME AND VIOLENCE.

    There is established a commission to be known as the ``National 
Commission on Crime and Violence in America''. The Commission shall be 
composed of 22 members, appointed as follows:
            (1) 6 persons by the President;
            (2) 8 persons by the Speaker of the House of 
        Representatives, two of whom shall be appointed on the 
        recommendation of the minority leader; and
            (3) 8 persons by the President pro tempore of the Senate, 
        six of whom shall be appointed on the recommendation of the 
        majority leader of the Senate and two of whom shall be 
        appointed on the recommendation of the minority leader of the 
        Senate.

SEC. 1702. PURPOSE.

    The purposes of the Commission are as follows:
            (1) To develop a comprehensive and effective crime control 
        plan which will serve as a ``blueprint'' for action in the 
        1990's. The report shall include an estimated cost for 
        implementing any recommendations made by the Commission.
            (2) To bring attention to successful models and programs in 
        crime prevention and crime control.
            (3) To reach out beyond the traditional criminal justice 
        community for ideas when developing the comprehensive crime 
        control plan.
            (4) To recommend improvements in the coordination of local, 
        State, Federal, and international border crime control efforts.
            (5) To make a comprehensive study of the economic and 
        social factors lending to or contributing to crime and specific 
        proposals for legislative and administrative actions to reduce 
        crime and the elements that contribute to it.
            (6) To recommend means of targeting finite correctional 
        facility space and resources to the most serious and violent 
        offenders, with the goal of achieving the most cost-effective 
        possible crime control and protection of the community and 
        public safety, with particular emphasis on examining the issue 
        of possible disproportionate incarceration rates among black 
        males and any other minority group disproportionately 
        represented in State and Federal correctional populations, and 
        to consider increased use of alternatives to incarceration 
        which offer a reasonable prospect of equal or better crime 
        control at equal or less cost.

SEC. 1703. RESPONSIBILITIES OF THE COMMISSION.

    The commission shall be responsible for the following:
            (1) Reviewing the effectiveness of traditional criminal 
        justice approaches in preventing and controlling crime and 
        violence.
            (2) Examining the impact that changes to state and Federal 
        law have had in controlling crime and violence.
            (3) Examining the impact of changes in Federal immigration 
        laws and policies and increased development and growth along 
        United States international borders on crime and violence in 
        the United States, particularly among our Nation's youth.
            (4) Examining the problem of youth gangs and provide 
        recommendations as to how to reduce youth involvement in 
        violent crime.
            (5) Examining the extent to which assault weapons and high 
        power firearms have contributed to violence and murder in 
        America.
            (6) Convening field hearings in various regions of the 
        country to receive testimony from a cross section of criminal 
        justice professionals, business leaders, elected officials, 
        medical doctors, and other citizens that wish to participate.
            (7) Review all segments of our criminal justice system, 
        including the law enforcement, prosecution, defense, judicial, 
        corrections components in developing the crime control plan.

 Subtitle B--National Commission to Study the Causes of the Demand for 
                       Drugs in the United States

SEC. 1704. ESTABLISHMENT.

    There is established a National Commission to Study the Causes of 
the Demand for Drugs in the United States (hereinafter in this Act 
referred to as the ``Commission'').

SEC. 1705. DUTIES.

    (a) In General.--The Commission shall--
            (1) examine the root causes of illicit drug use and abuse 
        in the United States, including by compiling existing research 
        regarding those root causes;
            (2) evaluate the efforts being made to prevent drug abuse;
            (3) identify the existing gaps in drug abuse policy that 
        result from the lack of attention to the root causes of drug 
        abuse;
            (4) assess the needs of Government at all levels for 
        resources and policies for reducing the overall desire of 
        individuals to experiment with and abuse illicit drugs; and
            (5) make recommendations regarding necessary improvements 
        in policies for reducing the use of illicit drugs in the United 
        States.
    (b) Examination.--Matters examined by the Commission under this 
section shall include the following:
            (1) Characteristics.--The characteristics of potential 
        illicit drug users and abusers or drug traffickers, including 
        age and social, economic, and educational backgrounds.
            (2) Environment.--Environmental factors that contribute to 
        illicit drug use and abuse, including the correlation between 
        unemployment, poverty, and homelessness on drug experimentation 
        and abuse.
            (3) Associations and social relationships.--The effects of 
        substance use and abuse by a relative or friend in contributing 
        to the likelihood and desire of an individual to experiment 
        with illicit drugs.
            (4) Culture.--Aspects of, and changes in, philosophical or 
        religious beliefs, cultural values, attitudes toward authority, 
        status of basic social units (such as families), and traditions 
        that contribute to illicit drug use and abuse.
            (5) Physiological and psychological factors.--The 
        physiological and psychological factors that contribute to the 
        desire for illicit drugs.
            (6) Efforts of governments.--The current status of Federal, 
        State, and local efforts regarding the causes of illicit drug 
        use and abuse, including a review of drug strategies being 
        promoted by Federal, State, and local authorities to address 
        the causes of illicit drug use and abuse.

SEC. 1706. MEMBERSHIP.

    (a) Number and Appointment.--
            (1) In general.--The Commission shall consist of 13 
        members, as follows:
                    (A) President.--Three individuals appointed by the 
                President.
                    (B) Senate.--Five individuals appointed jointly by 
                the majority and minority leaders of the Senate. Not 
                more than 3 members appointed under this paragraph may 
                be of the same political party. At least 1 member 
                appointed under this paragraph shall be a recovering 
                drug user.
                    (C) House of representatives.--Five individuals 
                appointed jointly by the Speaker, majority leader, and 
                minority leader of the House of Representatives. Not 
                more than 3 members appointed under this paragraph may 
                be of the same political party. At least 1 member 
                appointed under this paragraph shall be a recovering 
                drug abuser.
            (2) Goals in making appointments.--In appointing 
        individuals as members of the Commission, the President and the 
        majority and minority leaders of the House of Representatives 
        and the Senate shall seek to ensure that--
                    (A) the membership of the Commission reflects the 
                racial, ethnic, and gender diversity of the United 
                States; and
                    (B) members are specially qualified to serve on the 
                Commission by reason of their education, training, 
                expertise, or experience in--
                            (i) sociology,
                            (ii) psychology,
                            (iii) law,
                            (iv) bio-medicine,
                            (v) addiction, and
                            (vi) ethnography and urban poverty, 
                        including health care, housing, education, and 
                        employment.
    (b) Prohibition Against Officer or Employee.--Each individual 
appointed under subsection (a) shall not be an officer or employee of 
any government and shall be qualified to serve the Commission by virtue 
of education, training, or experience.
    (c) Deadline for Appointment.--Members of the Commission shall be 
appointed within 60 days after the date of the enactment of this Act 
for the life of the Commission.
    (d) Meetings.--The Commission shall have its headquarters in the 
District of Columbia, and shall meet at least once each month for a 
business session that shall be conducted by the Chairperson.
    (e) Quorum.--Seven members of the Commission shall constitute a 
quorum, but a lesser number may hold hearings.
    (f) Chairperson and Vice Chairperson.--No later than 15 days after 
the members of the Commission are appointed, such members shall 
designate a Chairperson and Vice Chairperson of the Commission.
    (g) Continuation of Membership.--If a member of the Commission 
later becomes an officer or employee of any government, the individual 
may continue as a member until a successor is appointed.
    (h) Vacancies.--A vacancy in the Commission shall be filled not 
later than 30 days after the Commission is informed of the vacancy in 
the manner in which the original appointment was made.
    (i) Compensation.--
            (1) No pay, allowance, or benefit.--Members of the 
        Commission shall receive no additional pay, allowances, or 
        benefits by reason of their service on the Commission.
            (2) Travel expenses.--Each member of the Commission shall 
        receive travel expenses, including per diem in lieu of 
        subsistence, in accordance with sections 5702 and 5703 of title 
        5, United States Code.

SEC. 1707. STAFF AND SUPPORT SERVICES.

    (a) Director.--The Chairperson shall appoint a director after 
consultation with the members of the Commission, who shall be paid the 
rate of basic pay for level V of the Executive Schedule.
    (b) Staff.--With the approval of the Commission, the director may 
appoint personnel as the director considers appropriate.
    (c) Applicability of Civil Service Laws.--The staff of the 
Commission shall be appointed without regard to the provisions of title 
5, United States Code, governing appointments in the competitive 
service, and shall be paid without regard to the provisions of chapter 
51 and subchapter III of chapter 53 of that title relating to 
classification and General Schedule pay rates.
    (d) Experts and Consultants.--With the approval of the Commission, 
the director may procure temporary and intermittent services under 
section 3109(b) of title 5, United States Code.
    (e) Staff of Federal Agencies.--Upon the request of the Commission, 
the head of any Federal agency may detail, on a reimbursable basis, any 
of the personnel of that agency to the Commission to assist in carrying 
out its duties under this Act.
    (f) Other Resources.--The Commission shall have reasonable access 
to materials, resources, statistical data, and other information from 
the Library of Congress, as well as agencies and elected 
representatives of the executive and legislative branches of 
government. The Chairperson of the Commission shall make requests in 
writing where necessary.
    (g) Physical facilities.--The General Services Administration shall 
find suitable office space for the operation of the Commission. The 
facilities shall serve as the headquarters of the Commission and shall 
include all necessary equipment and incidentals required for proper 
functioning.

SEC. 1708. POWERS OF COMMISSION.

    (a) Hearings.--The Commission may conduct public hearings or forums 
at its discretion, at any time and place it is able to secure 
facilities and witnesses, for the purpose of carrying out its duties.
    (b) Delegation of Authority.--Any member or agent of the Commission 
may, if authorized by the Commission, take any action the Commission is 
authorized to take by this section.
    (c) Information.--The Commission may secure directly from any 
Federal agency information necessary to enable it to carry out this 
Act. Upon request of the Chairperson or Vice Chairperson of the 
Commission, the head of a Federal agency shall furnish the information 
to the Commission to the extent permitted by law.
    (d) Gifts, Bequests, and Devises.--The Commission may accept, use, 
and dispose of gifts, bequests, or devices of services or property, 
both real and personal, for the purpose of aiding or facilitating the 
work of the Commission. Gifts, bequests, or devises of money and 
proceeds from sales of other property received as gifts, bequests, or 
devices shall be deposited in the Treasury and shall be available for 
disbursement upon order of the Commission.
    (e) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other Federal agencies.

SEC. 1709. REPORTS.

    (a) Monthly Reports.--The Commission shall submit monthly activity 
reports to the President and the Committees on the Judiciary of the 
Senate and the House of Representatives.
    (b) Reports.--
            (1) Interim report.--The Commission shall submit an interim 
        report to the President and the Committees on the Judiciary of 
        the Senate and the House of Representatives not later than 1 
        year before the termination of the Commission. The interim 
        report shall contain a detailed statement of the findings and 
        conclusions of the Commission, together with its 
        recommendations for legislative and administrative action based 
        on the Commission's activities to date. A strategy for 
        disseminating the report to Federal, State, and local 
        authorities shall be formulated and submitted with the formal 
        presentation of the report to the President and the Congress.
            (2) Final report.--Not later than the date of the 
        termination of the Commission, the Commission shall submit to 
        the President and the Committees on the Judiciary of the Senate 
        and the House of Representatives a final report with a detailed 
        statement of final findings, conclusions, and recommendations, 
        including an assessment of the extent to which recommendations 
        of the Commission included in the interim report under 
        paragraph (1) have been implemented.
    (c) Printing and Public Distribution.--Upon receipt of each report 
of the Commission under this section, the President shall--
            (1) order the report to be printed; and
            (2) make the report available to the public upon request.

SEC. 1710. TERMINATION.

    The Commission shall terminate on the date which is 2 years after 
the Members of the Commission have met and designated a Chairperson and 
Vice Chairperson.

       Subtitle C--National Commission to Support Law Enforcement

SEC. 1711. ESTABLISHMENT.

    There is established a national commission to be known as the 
``National Commission to Support Law Enforcement'' (referred to in this 
subtitle as the ``Commission'').

SEC. 1712. DUTIES.

    (a) In General. --The Commission shall study and recommend changes 
regarding law enforcement agencies and law enforcement issues on the 
Federal, State, and local levels, including the following:
            (1) Funding.--The sufficiency of funding, including a 
        review of grant programs at the Federal level.
            (2) Employment.--The conditions of law enforcement 
        employment.
            (3) Information.--The effectiveness of information-sharing 
        systems, intelligence, infrastructure, and procedures among law 
        enforcement agencies of Federal, State, and local governments.
            (4) Research and training.--The status of law enforcement 
        research and education and training.
            (5) Equipment and resources.--The adequacy of equipment, 
        physical resources, and human resources.
            (6) Cooperation.--The cooperation among Federal, State, and 
        local law enforcement agencies.
            (7) Responsibility.--The responsibility of governments and 
        law enforcement agencies in solving the crime problem.
            (8) Impact.--The impact of the criminal justice system, 
        including court schedules and prison overcrowding, on law 
        enforcement.
    (b) Consultation.--The Commission shall conduct surveys and consult 
with focus groups of law enforcement officers, local officials, and 
community leaders across the Nation to obtain information and seek 
advice on important law enforcement issues.

SEC. 1713. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 25 
members as follows:
            (1) Seven individuals from national law enforcement 
        organizations representing law enforcement officers, of whom--
                    (A) two shall be appointed by the Speaker of the 
                House of Representatives;
                    (B) two shall be appointed by the majority leader 
                of the Senate;
                    (C) one shall be appointed by the minority leader 
                of the House of Representatives;
                    (D) one shall be appointed by the minority leader 
                of the Senate; and
                    (E) one shall be appointed by the President.
            (2) Seven individuals from national law enforcement 
        organizations representing law enforcement management, of 
        whom--
                    (A) two shall be appointed by the Speaker of the 
                House of Representatives;
                    (B) two shall be appointed by the majority leader 
                of the Senate;
                    (C) one shall be appointed by the minority leader 
                of the House of Representatives;
                    (D) one shall be appointed by the minority leader 
                of the Senate; and
                    (E) one shall be appointed by the President.
            (3) Two individuals with academic expertise regarding law 
        enforcement issues, of whom--
                    (A) one shall be appointed by the Speaker of the 
                House of Representatives and the majority leader of the 
                Senate; and
                    (B) one shall be appointed by the minority leader 
                of the Senate and the minority leader of the House of 
                Representatives;
            (4) Two Members of the House of Representatives, appointed 
        by the Speaker and the minority leader of the House of 
        Representatives.
            (5) Two Members of the Senate, appointed by the majority 
        leader and the minority leader of the Senate.
            (6) One individual involved in Federal law enforcement from 
        the Department of the Treasury, appointed by the President.
            (7) One individual from the Department of Justice, 
        appointed by the President.
            (8) One individual representing a State or local 
        governmental entity, such as a Governor, mayor, or State 
        Attorney General, to be appointed by the Majority Leader of the 
        Senate.
            (9) One individual representing a State or local 
        governmental entity, such as a Governor, mayor, or State 
        Attorney General, to be appointed by the Speaker of the House 
        of Representatives.
            (10) One individual representing a State or local 
        governmental entity, such as a governor, mayor, or State 
        attorney general, to be appointed by the President.
    (b) Comptroller General.--The Comptroller General shall serve in an 
advisory capacity and shall oversee the methodology and approach of the 
Commission's study.
    (c) Chairperson.--Upon their appointment the members of the 
Commission shall select one of their number to act as chairperson.
    (d) Compensation.--
            (1) In general.--Members of the Commission shall receive no 
        additional pay, allowance, or benefit by reason of service on 
        the Commission.
            (2) Travel expenses.--Each member of the Commission shall 
        receive travel expenses, including per diem in lieu of 
        subsistence, in accordance with sections 5702 and 5703 of title 
        5, United States Code.
    (e) Appointment Dates.--Members of the Commission shall be 
appointed no later than 90 days after the enactment of this title.

SEC. 1714. EXPERTS AND CONSULTANTS.

    (a) Experts and Consultants.--The Commission may procure temporary 
and intermittent services under section 3109(b) of title 5, United 
States Code.
    (b) Staff of Federal Agencies.--Upon request of the Commission, the 
head of any Federal agency is authorized to detail, on a reimbursable 
basis, any of the personnel of that agency to the Commission to assist 
the Commission in carrying out its duties under this title.
    (c) Administrative Support.--The Administrator of General Services 
shall provide to the Commission, on a reimbursable basis, 
administrative support services as the Commission may request.

SEC. 1715. POWERS OF COMMISSION.

    (a) Hearings.--The Commission may, for purposes of this title, hold 
hearings, sit and act at the times and places, take testimony, and 
receive evidence, as the Commission considers appropriate.
    (b) Delegation of Authority.--Any member or agent of the Commission 
may, if authorized by the Commission, take any action the Commission is 
authorized to take by this section.
    (c) Information.--The Commission may secure directly from any 
Federal agency information necessary to enable it to carry out this 
title. Upon request of the chairperson of the Commission, the head of 
an agency shall furnish the information to the Commission to the extent 
permitted by law.
    (d) Gifts and Donations.--The Commission may accept, use, and 
dispose of gifts or donations of services or property.
    (e) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other Federal agencies.

SEC. 1716. REPORT.

    Not later than the expiration of the eighteen-month period 
beginning on the date of the appointment of the members of the 
Commission, a report containing the findings of the Commission and 
specific proposals for legislation and administrative actions that the 
Commission has determined to be appropriate shall be submitted to the 
Committees on the Judiciary of the Senate and the House of 
Representatives.

SEC. 1717. TERMINATION.

    The Commission shall cease to exist upon the expiration of the 
sixty-day period beginning on the date on which the Commission submits 
its report under section 1616.

SEC. 1718. REPEALS.

    Title XXXIV of the Crime Control Act of 1990 (Public Law 101-647; 
104 Stat. 4918) and title II, section 211 B of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1991 (Public Law 101-515; 104 Stat. 2122) are 
repealed.

              TITLE XVIII--MOTOR VEHICLE THEFT PREVENTION

SEC. 1801. MOTOR VEHICLE THEFT PREVENTION PROGRAM.

    (a) In General.--Not later than 180 days after the date of 
enactment of this section, the Attorney General shall develop, in 
cooperation with the States, a national voluntary motor vehicle theft 
prevention program (in this section referred to as the ``program'') 
under which--
            (1) the owner of a motor vehicle may voluntarily sign a 
        consent form with a participating State or locality in which 
        the motor vehicle owner--
                    (A) states that the vehicle is not normally 
                operated under certain specified conditions; and
                    (B) agrees to--
                            (i) display program decals or devices on 
                        the owner's vehicle; and
                            (ii) permit law enforcement officials in 
                        any State to stop the motor vehicle and take 
                        reasonable steps to determine whether the 
                        vehicle is being operated by or with the 
                        permission of the owner, if the vehicle is 
                        being operated under the specified conditions; 
                        and
            (2) participating States and localities authorize law 
        enforcement officials in the State or locality to stop motor 
        vehicles displaying program decals or devices under specified 
        conditions and take reasonable steps to determine whether the 
        vehicle is being operated by or with the permission of the 
        owner.
    (b) Uniform Decal or Device Designs.--
            (1) In general.--The motor vehicle theft prevention program 
        developed pursuant to this section shall include a uniform 
        design or designs for decals or other devices to be displayed 
        by motor vehicles participating in the program.
            (2) Type of design.--The uniform design shall--
                    (A) be highly visible; and
                    (B) explicitly state that the motor vehicle to 
                which it is affixed may be stopped under the specified 
                conditions without additional grounds for establishing 
                a reasonable suspicion that the vehicle is being 
                operated unlawfully.
    (c) Voluntary Consent Form.--The voluntary consent form used to 
enroll in the program shall--
            (1) clearly state that participation in the program is 
        voluntary;
            (2) clearly explain that participation in the program means 
        that, if the participating vehicle is being operated under the 
        specified conditions, law enforcement officials may stop the 
        vehicle and take reasonable steps to determine whether it is 
        being operated by or with the consent of the owner, even if the 
        law enforcement officials have no other basis for believing 
        that the vehicle is being operated unlawfully;
            (3) include an express statement that the vehicle is not 
        normally operated under the specified conditions and that the 
        operation of the vehicle under those conditions would provide 
        sufficient grounds for a prudent law enforcement officer to 
        reasonably believe that the vehicle was not being operated by 
        or with the consent of the owner; and
            (4) include any additional information that the Attorney 
        General may reasonably require.
    (d) Specified Conditions Under Which Stops May Be Authorized.--
            (1) In general.--The Attorney General shall promulgate 
        rules establishing the conditions under which participating 
        motor vehicles may be authorized to be stopped under this 
        section. These conditions may not be based on race, creed, 
        color, national origin, gender, or age. These conditions may 
        include--
                    (A) the operation of the vehicle during certain 
                hours of the day; or
                    (B) the operation of the vehicle under other 
                circumstances that would provide a sufficient basis for 
                establishing a reasonable suspicion that the vehicle 
                was not being operated by the owner, or with the 
                consent of the owner.
            (2) More than one set of conditions.--The Attorney General 
        may establish more than one set of conditions under which 
        participating motor vehicles may be stopped. If more than one 
        set of conditions is established, a separate consent form and a 
        separate design for program decals or devices shall be 
        established for each set of conditions. The Attorney General 
        may choose to satisfy the requirement of a separate design for 
        program decals or devices under this paragraph by the use of a 
        design color that is clearly distinguishable from other design 
        colors.
            (3) No new conditions without consent.--After the program 
        has begun, the conditions under which a vehicle may be stopped 
        if affixed with a certain decal or device design may not be 
        expanded without the consent of the owner.
            (4) Limited participation by states and localities.--A 
        State or locality need not authorize the stopping of motor 
        vehicles under all sets of conditions specified under the 
        program in order to participate in the program.
    (e) Motor Vehicles for Hire.--
            (1) Notification to lessees.--Any person who is in the 
        business of renting or leasing motor vehicles and who rents or 
        leases a motor vehicle on which a program decal or device is 
        affixed shall, prior to transferring possession of the vehicle, 
        notify the person to whom the motor vehicle is rented or leased 
        about the program.
            (2) Type of notice.--The notice required by this subsection 
        shall--
                    (A) be in writing;
                    (B) be in a prominent format to be determined by 
                the Attorney General; and
                    (C) explain the possibility that if the motor 
                vehicle is operated under the specified conditions, the 
                vehicle may be stopped by law enforcement officials 
                even if the officials have no other basis for believing 
                that the vehicle is being operated unlawfully.
            (3) Fine for failure to provide notice.--Failure to provide 
        proper notice under this subsection shall be punishable by a 
        fine not to exceed $5,000.
    (f) Notification of Police.--As a condition of participating in the 
program, a State or locality must agree to take reasonable steps to 
ensure that law enforcement officials throughout the State or locality 
are familiar with the program, and with the conditions under which 
motor vehicles may be stopped under the program.
    (g) Regulations.--The Attorney General shall promulgate regulations 
to implement this section.
    (h) Authorization of Appropriations.--There are authorized such 
sums as are necessary to carry out this section.

SEC. 1802. ALTERING OR REMOVING MOTOR VEHICLE IDENTIFICATION NUMBERS.

    (a) Basic Offense.--Subsection (a) of section 511 of title 18, 
United States Code, is amended to read as follows:
    ``(a) Whoever, with intent to further the theft of a vehicle, 
knowingly removes, obliterates, tampers with, or alters an 
identification number for a motor vehicle, or motor vehicle part, or a 
decal or device affixed to a motor vehicle pursuant to the Motor 
Vehicle Theft Prevention Act, shall be fined under this title or 
imprisoned not more than five years, or both.''.
    (b) Excepted Persons.--Paragraph (2) of section 511(b) of title 18, 
United States Code, is amended by--
            (1) striking ``and'' after the semicolon in subparagraph 
        (B);
            (2) striking the period at the end of subparagraph (C) and 
        inserting ``; and''; and
            (3) adding at the end thereof the following:
                    ``(D) a person who removes, obliterates, tampers 
                with, or alters a decal or device affixed to a motor 
                vehicle pursuant to the Motor Vehicle Theft Prevention 
                Act, if that person is the owner of the motor vehicle, 
                or is authorized to remove, obliterate, tamper with or 
                alter the decal or device by--
                            ``(i) the owner or his or her authorized 
                        agent;
                            ``(ii) applicable State or local law; or
                            ``(iii) regulations promulgated by the 
                        Attorney General to implement the Motor Vehicle 
                        Theft Prevention Act.''.
    (c) Definition.--Section 511 of title 18, United States Code, is 
amended by adding at the end thereof the following:
    ``(d) For purposes of subsection (a) of this section, the term 
`tampers with' includes covering a program decal or device affixed to a 
motor vehicle pursuant to the Motor Vehicle Theft Prevention Act for 
the purpose of obstructing its visibility.''.
    (d) Unauthorized Application of a Decal or Device.--
            (1) In general.--Chapter 25 of title 18, United States 
        Code, is amended by adding after section 511 the following new 
        section:
``Sec. 511A. Unauthorized application of theft prevention decal or 
              device
    ``(a) Whoever affixes to a motor vehicle a theft prevention decal 
or other device, or a replica thereof, unless authorized to do so 
pursuant to the Motor Vehicle Theft Prevention Act, shall be punished 
by a fine not to exceed $1,000.
    ``(b) For purposes of this section, the term `theft prevention 
decal or device' means a decal or other device designed in accordance 
with a uniform design for such devices developed pursuant to the Motor 
Vehicle Theft Prevention Act.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 25 of title 18, United States Code, is 
        amended by adding immediately after the item for section 511 
        the following:

``511A. Unauthorized application of theft prevention decal or 
                            device.''.

                 TITLE XIX--PROTECTIONS FOR THE ELDERLY

SEC. 1901. MISSING ALZHEIMER'S DISEASE PATIENT ALERT PROGRAM.

    (a) Grant.--The Attorney General shall award a grant to an eligible 
organization to assist the organization in paying for the costs of 
planning, designing, establishing, and operating a Missing Alzheimer's 
Disease Patient Alert Program, which shall be a locally based, 
proactive program to protect and locate missing patients with 
Alzheimer's disease and related dementias.
    (b) Application.--To be eligible to receive a grant under 
subsection (a), an organization shall submit an application to the 
Attorney General at such time, in such manner, and containing such 
information as the Attorney General may require, including, at a 
minimum, an assurance that the organization will obtain and use 
assistance from private nonprofit organizations to support the program.
    (c) Eligible Organization.--The Attorney General shall award the 
grant described in subsection (a) to a national voluntary organization 
that has a direct link to patients, and families of patients, with 
Alzheimer's disease and related dementias.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $1,000,000 for each of fiscal 
years 1994, 1995, and 1996.

SEC. 1902. CRIMES AGAINST THE ELDERLY.

    (a) In General.--Pursuant to its authority under the Sentencing 
Reform Act of 1984 and section 21 of the Sentencing Act of 1987 
(including its authority to amend the sentencing guidelines and policy 
statements) and its authority to make such amendments on an emergency 
basis, the United States Sentencing Commission shall ensure that the 
applicable guideline range for a defendant convicted of a crime of 
violence against an elderly victim is sufficiently stringent to deter 
such a crime, to protect the public from additional crimes of such a 
defendant, and to adequately reflect the heinous nature of such an 
offense.
    (b) Criteria.--In carrying out subsection (a), the United States 
Sentencing Commission shall ensure that--
            (1) the guidelines provide for increasingly severe 
        punishment for a defendant commensurate with the degree of 
        physical harm caused to the elderly victim;
            (2) the guidelines take appropriate account of the 
        vulnerability of the victim; and
            (3) the guidelines provide enhanced punishment for a 
        defendant convicted of a crime of violence against an elderly 
        victim who has previously been convicted of a crime of violence 
        against an elderly victim, regardless of whether the conviction 
        occurred in Federal or State court.
    (c) Definitions.--As used in this section--
            (1) the term ``crime of violence'' means an offense under 
        section 113, 114, 1111, 1112, 1113, 1117, 2241, 2242, or 2244 
        of title 18, United States Code; and
            (2) the term ``elderly victim'' means a victim who is 65 
        years of age or older at the time of an offense.

                     TITLE XX--CONSUMER PROTECTION

SEC. 2001. CRIMES BY OR AFFECTING PERSONS ENGAGED IN THE BUSINESS OF 
              INSURANCE WHOSE ACTIVITIES AFFECT INTERSTATE COMMERCE.

    (a) In General.--Chapter 47 of title 18, United States Code, is 
amended by adding at the end thereof the following new sections:
``Sec. 1033. Crimes by or affecting persons engaged in the business of 
              insurance whose activities affect interstate commerce
    ``(a)(1) Whoever is engaged in the business of insurance whose 
activities affect interstate commerce and, with the intent to deceive, 
knowingly makes any false material statement or report or willfully and 
materially overvalues any land, property or security--
            ``(A) in connection with any financial reports or documents 
        presented to any insurance regulatory official or agency or an 
        agent or examiner appointed by such official or agency to 
        examine the affairs of such person, and
            ``(B) for the purpose of influencing the actions of such 
        official or agency or such an appointed agent or examiner,
shall be punished as provided in paragraph (2).
    ``(2) The punishment for an offense under paragraph (1) is a fine 
as established under this title or imprisonment for not more than 10 
years, or both, except that the term of imprisonment shall be not more 
than 15 years if the statement or report or overvaluing of land, 
property, or security jeopardizes the safety and soundness of an 
insurer.
    ``(b)(1) Whoever--
            ``(A) acting as, or being an officer, director, agent, or 
        employee of, any person engaged in the business of insurance 
        whose activities affect interstate commerce, or
            ``(B) is engaged in the business of insurance whose 
        activities affect interstate commerce or is involved (other 
        than as an insured or beneficiary under a policy of insurance) 
        in a transaction relating to the conduct of affairs of such a 
        business,
willfully embezzles, abstracts, purloins, or misappropriates any of the 
moneys, funds, premiums, credits, or other property of such person so 
engaged shall be punished as provided in paragraph (2).
    ``(2) The punishment for an offense under paragraph (1) is a fine 
as provided under this title or imprisonment for not more than 10 
years, or both, except that if such embezzlement, abstraction, 
purloining, or misappropriation described in paragraph (1) jeopardizes 
the safety and soundness of an insurer, such imprisonment shall be not 
more than 15 years. If the amount or value so embezzled, abstracted, 
purloined, or misappropriated does not exceed $5,000, whoever violates 
paragraph (1) shall be fined as provided in this title or imprisoned 
not more than one year, or both.
    ``(c)(1) Whoever is engaged in the business of insurance and whose 
activities affect interstate commerce or is involved (other than as an 
insured or beneficiary under a policy of insurance) in a transaction 
relating to the conduct of affairs of such a business, knowingly makes 
any false entry of material fact in any book, report, or statement of 
such person engaged in the business of insurance with intent to--
            ``(A) deceive any person about the financial condition or 
        solvency of such business, or
            ``(B) deceive any officer, employee, or agent of such 
        person engaged in the business of insurance, any insurance 
        regulatory official or agency, or any agent or examiner 
        appointed by such official or agency to examine the affairs of 
        such person about the financial condition or solvency of such 
        business,
shall be punished as provided in paragraph (2).
    ``(2) The punishment for an offense under paragraph (1) is a fine 
as provided under this title or imprisonment for not more than 10 
years, or both, except that if the false entry in any book, report, or 
statement of such person jeopardizes the safety and soundness of an 
insurer, such imprisonment shall be not more than 15 years.
    ``(d) Whoever, by threats or force or by any threatening letter or 
communication, corruptly influences, obstructs, or impedes or endeavors 
corruptly to influence, obstruct, or impede the due and proper 
administration of the law under which any proceeding involving the 
business of insurance whose activities affect interstate commerce is 
pending before any insurance regulatory official or agency or any agent 
or examiner appointed by such official or agency to examine the affairs 
of a person engaged in the business of insurance whose activities 
affect interstate commerce, shall be fined as provided in this title or 
imprisoned not more than 10 years, or both.
    ``(e)(1)(A) Any individual who has been convicted of any criminal 
felony involving dishonesty or a breach of trust, or who has been 
convicted of an offense under this section, and who willfully engages 
in the business of insurance whose activities affect interstate 
commerce or participates in such business, shall be fined as provided 
in this title or imprisoned not more than 5 years, or both.
    ``(B) Any individual who is engaged in the business of insurance 
whose activities affect interstate commerce and who willfully permits 
the participation described in subparagraph (A) shall be fined as 
provided in this title or imprisoned not more than 5 years, or both.
    ``(2) A person described in paragraph (1)(A) may engage in the 
business of insurance or participate in such business if such person 
has the written consent of any insurance regulatory official authorized 
to regulate the insurer, which consent specifically refers to this 
subsection.
    ``(f) As used in this section--
            ``(1) the term `business of insurance' means--
                    ``(A) the writing of insurance, or
                    ``(B) the reinsuring of risks,
        by an insurer, including all acts necessary or incidental to 
        such writing or reinsuring and the activities of persons who 
        act as, or are, officers, directors, agents, or employees of 
        insurers or who are other persons authorized to act on behalf 
        of such persons;
            ``(2) the term `insurer' means any entity the business 
        activity of which is the writing of insurance or the reinsuring 
        of risks or any receiver or similar official or any liquidating 
        agent for such an entity, in his or her capacity as such, and 
        includes any person who acts as, or is, an officer, director, 
        agent, or employee of that business;
            ``(3) the term `interstate commerce' means--
                    ``(A) commerce within the District of Columbia, or 
                any territory or possession of the United States;
                    ``(B) all commerce between any point in the State, 
                territory, possession, or the District of Columbia and 
                any point outside thereof;
                    ``(C) all commerce between points within the same 
                State through any place outside such State; or
                    ``(D) all other commerce over which the United 
                States has jurisdiction; and
            ``(4) the term `State' includes any State, the District of 
        Columbia, the Commonwealth of Puerto Rico, the Northern Mariana 
        Islands, the Virgin Islands, American Samoa, and the Trust 
        Territory of the Pacific Islands.
``Sec. 1034. Civil penalties and injunctions for violations of section 
              1033
    ``(a) The Attorney General may bring a civil action in the 
appropriate United States district court against any person who engages 
in conduct constituting an offense under section 1033 and, upon proof 
of such conduct by a preponderance of the evidence, such person shall 
be subject to a civil penalty of not more than $50,000 for each 
violation or the amount of compensation which the person received or 
offered for the prohibited conduct, whichever amount is greater. If the 
offense has contributed to the decision of a court of appropriate 
jurisdiction to issue an order directing the conservation, 
rehabilitation, or liquidation of an insurer, such penalty shall be 
remitted to the regulatory official for the benefit of the 
policyholders, claimants, and creditors of such insurer. The imposition 
of a civil penalty under this subsection does not preclude any other 
criminal or civil statutory, common law, or administrative remedy, 
which is available by law to the United States or any other person.
    ``(b) If the Attorney General has reason to believe that a person 
is engaged in conduct constituting an offense under section 1033, the 
Attorney General may petition an appropriate United States district 
court for an order prohibiting that person from engaging in such 
conduct. The court may issue an order prohibiting that person from 
engaging in such conduct if the court finds that the conduct 
constitutes such an offense. The filing of a petition under this 
section does not preclude any other remedy which is available by law to 
the United States or any other person.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 47 of such title is amended by adding at the end the following 
new item:

``1033. Crimes by or affecting persons engaged in the business of 
                            insurance whose activities affect 
                            interstate commerce.
``1034. Civil penalties and injunctions for violations of section 
                            1033.''.
    (c) Miscellaneous Amendments to Title 18, United States Code.--(1) 
Tampering with insurance regulatory proceedings.--Section 1515(a)(1) of 
title 18, United States Code, is amended--
            (A) by striking ``or'' at the end of subparagraph (B);
            (B) by inserting ``or'' at the end of subparagraph (C); and
            (C) by adding at the end the following new subparagraph:
                    ``(D) a proceeding involving the business of 
                insurance whose activities affect interstate commerce 
                before any insurance regulatory official or agency or 
                any agent or examiner appointed by such official or 
                agency to examine the affairs of any person engaged in 
                the business of insurance whose activities affect 
                interstate commerce;''.
    (2) Limitations.--Section 3293 of such title is amended by 
inserting ``1033,'' after ``1014,''.
    (3) Obstruction of criminal investigations.--Section 1510 of title 
18, United States Code, is amended by adding at the end the following 
new subsection:
    ``(d)(1) Whoever--
            ``(A) acting as, or being, an officer, director, agent or 
        employee of a person engaged in the business of insurance whose 
        activities affect interstate commerce, or
            ``(B) is engaged in the business of insurance whose 
        activities affect interstate commerce or is involved (other 
        than as an insured or beneficiary under a policy of insurance) 
        in a transaction relating to the conduct of affairs of such a 
        business,
with intent to obstruct a judicial proceeding, directly or indirectly 
notifies any other person about the existence or contents of a subpoena 
for records of that person engaged in such business or information that 
has been furnished to a Federal grand jury in response to that 
subpoena, shall be fined as provided by this title or imprisoned not 
more than 5 years, or both.
    ``(2) As used in paragraph (1), the term `subpoena for records' 
means a Federal grand jury subpoena for records that has been served 
relating to a violation of, or a conspiracy to violate, section 1033 of 
this title.''.

SEC. 2002. CONSUMER PROTECTION AGAINST CREDIT CARD FRAUD ACT OF 1993.

    (a) Fraud and Related Activity in Connection with Access Devices.--
Section 1029 of title 18, United States Code, is amended--
            (1) in subsection (a) by inserting after paragraph (4) the 
        following new paragraphs:
            ``(5) knowingly and with intent to defraud effects 
        transactions, with one or more access devices issued to another 
        person or persons, to receive payment or any other thing of 
        value during any one-year period the aggregate value of which 
        is equal to or greater than $1,000;
            ``(6) without the authorization of the issuer of the access 
        device, knowingly and with intent to defraud solicits a person 
        for the purpose of--
                    ``(A) offering an access device; or
                    ``(B) selling information regarding or an 
                application to obtain an access device; or
            ``(7) without the authorization of the credit card system 
        member or its agent, knowingly and with intent to defraud 
        causes or arranges for another person to present to the member 
        or its agent, for payment, one or more evidences or records of 
        transactions made by an access device;''.
    (b) Technical Amendments.--Section 1029 of title 18, United States 
Code, as amended by subsection (b), is amended--
            (1) in subsection (a) by striking ``or'' at the end of 
        paragraph (3);
            (2) in subsection (c)(1) by striking ``(a)(2) or (a)(3)'' 
        and inserting ``(a) (2), (3), (5), (6), or (7)''; and
            (3) in subsection (e) by--
                    (A) striking ``and'' at the end of paragraph (5);
                    (B) adding ``and'' at the end of paragraph (6); and
                    (C) adding at the end thereof the following new 
                paragraph:
            ``(7) the term `credit card system member' means a 
        financial institution or other entity that is a member of a 
        credit card system, including an entity, whether it is 
        affiliated with or identical to the credit card issuer, that is 
        the sole member of a credit card system.''.

SEC. 2003. MAIL FRAUD.

    Section 1341 of title 18, United States Code, is amended--
            (1) by inserting ``or deposits or causes to be deposited 
        any matter or thing whatever to be sent or delivered by any 
        private or commercial interstate carrier,'' after ``Postal 
        Service,''; and
            (2) by inserting ``or such carrier'' after ``causes to be 
        delivered by mail''.

                    TITLE XXI--SENTENCING PROVISIONS

SEC. 2101. IMPOSITION OF SENTENCE.

    Section 3553(a)(4) of title 18, United States Code, is amended to 
read as follows:
            ``(4) the kinds of sentence and the sentencing range 
        established for--
                    ``(A) the applicable category of offense committed 
                by the applicable category of defendant as set forth in 
                the guidelines issued by the Sentencing Commission 
                pursuant to section 994(a)(1) of title 28, United 
                States Code, and that are in effect on the date the 
                defendant is sentenced; or
                    ``(B) in the case of a violation of probation or 
                supervised release, the applicable guidelines or policy 
                statements issued by the Sentencing Commission pursuant 
                to section 994(a)(3) of title 28, United States 
                Code.''.

SEC. 2102. TECHNICAL AMENDMENT TO MANDATORY CONDITIONS OF PROBATION.

    Section 3563(a)(3) of title 18, United States Code, is amended by 
striking ``possess illegal controlled substances'' and inserting 
``unlawfully possess a controlled substance''.

SEC. 2103. REVOCATION OF PROBATION.

    (a) In General.--Section 3565(a) of title 18, United States Code, 
is amended--
            (1) in paragraph (2) by striking ``impose any other 
        sentence that was available under subchapter A at the time of 
        the initial sentencing'' and inserting ``resentence the 
        defendant under subchapter A''; and
            (2) by striking the last sentence.
    (b) Mandatory Revocation.--Section 3565(b) of title 18, United 
States Code, is amended to read as follows:
    ``(b) Mandatory Revocation for Possession of Controlled Substance 
or Firearm or Refusal To Comply With Drug Testing.--If the defendant--
            ``(1) possesses a controlled substance in violation of the 
        condition set forth in section 3563(a)(3);
            ``(2) possesses a firearm, as such term is defined in 
        section 921 of this title, in violation of Federal law, or 
        otherwise violates a condition of probation prohibiting the 
        defendant from possessing a firearm; or
            ``(3) refuses to comply with drug testing, thereby 
        violating the condition imposed by section 3563(a)(4),
the court shall revoke the sentence of probation and resentence the 
defendant under subchapter A to a sentence that includes a term of 
imprisonment.''.

SEC. 2104. REVOCATION OF SUPERVISED RELEASE AFTER IMPRISONMENT.

    Section 3583 of title 18, United States Code, is amended--
            (1) in subsection (d), by striking ``possess illegal 
        controlled substances'' and inserting ``unlawfully possess a 
        controlled substance'';
            (2) in subsection (e)--
                    (A) by striking ``person'' each place such term 
                appears in such subsection and inserting ``defendant''; 
                and
                    (B) by amending paragraph (3) to read as follows:
            ``(3) revoke a term of supervised release, and require the 
        defendant to serve in prison all or part of the term of 
        supervised release authorized by statute for the offense that 
        resulted in such term of supervised release without credit for 
        time previously served on postrelease supervision, if the 
        court, pursuant to the Federal Rules of Criminal Procedure 
        applicable to revocation of probation or supervised release, 
        finds by a preponderance of the evidence that the defendant 
        violated a condition of supervised release, except that a 
        defendant whose term is revoked under this paragraph may not be 
        required to serve more than 5 years in prison if the offense 
        that resulted in the term of supervised release is a class A 
        felony, more than 3 years in prison if such offense is a class 
        B felony, more than 2 years in prison if such offense is a 
        class C or D felony, or more than one year in any other case; 
        or''; and
            (3) by striking subsection (g) and inserting the following:
    ``(g) Mandatory Revocation for Possession of Controlled Substance 
or Firearm or for Refusal To Comply With Drug Testing.--If the 
defendant--
            ``(1) possesses a controlled substance in violation of the 
        condition set forth in subsection (d);
            ``(2) possesses a firearm, as such term is defined in 
        section 921 of this title, in violation of Federal law, or 
        otherwise violates a condition of supervised release 
        prohibiting the defendant from possessing a firearm; or
            ``(3) refuses to comply with drug testing imposed as a 
        condition of supervised release;
the court shall revoke the term of supervised release and require the 
defendant to serve a term of imprisonment not to exceed the maximum 
term of imprisonment authorized under subsection (e)(3).
    ``(h) Supervised Release Following Revocation.--When a term of 
supervised release is revoked and the defendant is required to serve a 
term of imprisonment that is less than the maximum term of imprisonment 
authorized under subsection (e)(3), the court may include a requirement 
that the defendant be placed on a term of supervised release after 
imprisonment. The length of such a term of supervised release shall not 
exceed the term of supervised release authorized by statute for the 
offense that resulted in the original term of supervised release, less 
any term of imprisonment that was imposed upon revocation of supervised 
release.
    ``(i) Delayed Revocation.--The power of the court to revoke a term 
of supervised release for violation of a condition of supervised 
release, and to order the defendant to serve a term of imprisonment 
and, subject to the limitations in subsection (h), a further term of 
supervised release, extends beyond the expiration of the term of 
supervised release for any period reasonably necessary for the 
adjudication of matters arising before its expiration if, before its 
expiration, a warrant or summons has been issued on the basis of an 
allegation of such a violation.''.

SEC. 2105. AUTHORIZATION OF PROBATION FOR PETTY OFFENSES IN CERTAIN 
              CASES.

    Section 3561(a)(3) of title 18, United States Code, is amended by 
adding at the end: ``However, this paragraph does not preclude the 
imposition of a sentence to a term of probation for a petty offense if 
the defendant has been sentenced to a term of imprisonment at the same 
time for another such offense.''.

                       TITLE XXII--COMPUTER CRIME

SEC. 2201. COMPUTER ABUSE AMENDMENTS.

    (a) Prohibition.--Section 1030(a)(5) of title 18, United States 
Code, is amended to read as follows:
            ``(5)(A) through means of a computer used in interstate 
        commerce or communications, knowingly causes the transmission 
        of a program, information, code, or command to a computer or 
        computer system if--
                    ``(i) the person causing the transmission intends 
                that such transmission will--
                            ``(I) damage, or cause damage to, a 
                        computer, computer system, network, 
                        information, data, or program; or
                            ``(II) withhold or deny, or cause the 
                        withholding or denial, of the use of a 
                        computer, computer services, system or network, 
                        information, data or program; and
                    ``(ii) the transmission of the harmful component of 
                the program, information, code, or command--
                            ``(I) occurred without the knowledge and 
                        authorization of the persons or entities who 
                        own or are responsible for the computer system 
                        receiving the program, information, code, or 
                        command; and
                            ``(II)(aa) causes loss or damage to one or 
                        more other persons of value aggregating $1,000 
                        or more during any 1-year period; or
                            ``(bb) modifies or impairs, or potentially 
                        modifies or impairs, the medical examination, 
                        medical diagnosis, medical treatment, or 
                        medical care of one or more individuals; or
            ``(B) through means of a computer used in interstate 
        commerce or communication, knowingly causes the transmission of 
        a program, information, code, or command to a computer or 
        computer system--
                    ``(i) with reckless disregard of a substantial and 
                unjustifiable risk that the transmission will--
                            ``(I) damage, or cause damage to, a 
                        computer, computer system, network, 
                        information, data or program; or
                            ``(II) withhold or deny or cause the 
                        withholding or denial of the use of a computer, 
                        computer services, system, network, 
                        information, data or program; and
                    ``(ii) if the transmission of the harmful component 
                of the program, information, code, or command--
                            ``(I) occurred without the knowledge and 
                        authorization of the persons or entities who 
                        own or are responsible for the computer system 
                        receiving the program, information, code, or 
                        command; and
                            ``(II)(aa) causes loss or damage to one or 
                        more other persons of a value aggregating 
                        $1,000 or more during any 1-year period; or
                            ``(bb) modifies or impairs, or potentially 
                        modifies or impairs, the medical examination, 
                        medical diagnosis, medical treatment, or 
                        medical care of one or more individuals.''.
    (b) Penalty.--Section 1030(c) of title 18, United States Code is 
amended--
            (1) in paragraph (2)(B) by striking ``and'' after the 
        semicolon;
            (2) in paragraph (3)(A) by inserting ``(A)'' after 
        ``(a)(5)'';
            (3) in paragraph (3)(B) by striking the period at the end 
        thereof and inserting ``; and''; and
            (4) by adding at the end thereof the following:
            ``(4) a fine under this title or imprisonment for not more 
        than 1 year, or both, in the case of an offense under 
        subsection (a)(5)(B).''.
    (c) Civil Action.--Section 1030 of title 18, United States Code, is 
amended by adding at the end thereof the following new subsection:
    ``(g) Any person who suffers damage or loss by reason of a 
violation of the section, other than a violation of subsection 
(a)(5)(B), may maintain a civil action against the violator to obtain 
compensatory damages and injunctive relief or other equitable relief. 
Damages for violations of any subsection other than subsection 
(a)(5)(A)(ii)(II)(bb) or (a)(5)(B)(ii)(II)(bb) are limited to economic 
damages. No action may be brought under this subsection unless such 
action is begun within 2 years of the date of the act complained of or 
the date of the discovery of the damage.''.
    (d) Reporting Requirements.--Section 1030 of title 18 United States 
Code, is amended by adding at the end thereof the following new 
subsection:
    ``(h) The Attorney General and the Secretary of the Treasury shall 
report to the Committees on the Judiciary of the Senate and the House 
of Representatives annually, during the first 3 years following the 
date of the enactment of this subsection, concerning investigations and 
prosecutions under section 1030(a)(5) of title 18, United States 
Code.''.
    (e) Prohibition.--Section 1030(a)(3) of title 18 United States 
Code, is amended by inserting ``adversely'' before ``affects the use of 
the Government's operation of such computer''.

             TITLE XXIII--INTERNATIONAL PARENTAL KIDNAPPING

SEC. 2301. TITLE 18 AMENDMENT.

    (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 removes a child from the United States or retains a 
child (who has been in the United States) outside the United States 
with intent 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 legally binding agreement of the parties.
    ``(c) It shall be an affirmative defense under this section that--
            ``(1) the defendant acted within the provisions of a valid 
        court order granting the defendant legal custody or visitation 
        rights and that order was obtained pursuant to the Uniform 
        Child Custody Jurisdiction Act and was in effect at the time of 
        the offense;
            ``(2) the defendant was fleeing an incidence or pattern of 
        domestic violence; or
            ``(3) the defendant had physical custody of the child 
        pursuant to a court order granting legal custody or visitation 
        rights and failed to return the child as a result of 
        circumstances beyond the defendant's control, and the defendant 
        notified or made reasonable attempts to notify the other parent 
        or lawful custodian of the child of such circumstances within 
        24 hours after the visitation period had expired and returned 
        the child as soon as possible.
    ``(d) This section does not detract from The Hague Convention on 
the Civil Aspects of International Parental Child Abduction, done at 
The Hague on October 25, 1980.''.
    (b) Sense of the Congress.--It is the sense of the Congress that, 
inasmuch as use of the procedures under the Hague Convention on the 
Civil Aspects of International Parental Child Abduction has resulted in 
the return of many children, those procedures, in circumstances in 
which they are applicable, should be the option of first choice for a 
parent who seeks the return of a child who has been removed from the 
parent.
    (c) 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. 2302. STATE COURT PROGRAMS REGARDING INTERSTATE AND 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.

                        TITLE XXIV--SAFE SCHOOLS

SEC. 2401. SAFE SCHOOLS.

    (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 X as part Y;
            (2) by redesignating section 2401 as section 2501; and
            (3) by inserting after part W the following:

                   ``PART X--SAFE SCHOOLS ASSISTANCE

``SEC. 2401. GRANT AUTHORIZATION.

    ``(a) In General.--The Director of the Bureau of Justice 
Assistance, in consultation with the Secretary of Education, may make 
grants to local educational agencies for the purpose of providing 
assistance to such agencies most directly affected by crime and 
violence.
    ``(b) Model Project.--The Director, in consultation with the 
Secretary of Education, shall develop a written safe schools model in 
English and in Spanish in a timely fashion and make such model 
available to any local educational agency that requests such 
information.

``SEC. 2402. USE OF FUNDS.

    ``Grants made by the Director under this part shall be used--
            ``(1) to fund anticrime and safety measures and to develop 
        education and training programs for the prevention of crime, 
        violence, and illegal drugs and alcohol;
            ``(2) for counseling programs for victims of crime within 
        schools;
            ``(3) for crime prevention equipment, including metal 
        detectors and video-surveillance devices; and
            ``(4) for the prevention and reduction of the participation 
        of young individuals in organized crime and drug and gang-
        related activities in schools.

``SEC. 2403. APPLICATIONS.

    ``(a) In General.--In order to be eligible to receive a grant under 
this part for any fiscal year, a local educational agency shall submit 
an application to the Director in such form and containing such 
information as the Director may reasonably require.
    ``(b) Requirements.--Each application under subsection (a) shall 
include--
            ``(1) a request for funds for the purposes described in 
        section 2402 of the Violent Crime Control and Law Enforcement 
        Act of 1993;
            ``(2) a description of the schools and communities to be 
        served by the grant, including the nature of the crime and 
        violence problems within such schools;
            ``(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; and
            ``(4) statistical information in such form and containing 
        such information that the Director may require regarding crime 
        within schools served by such local educational agency.
    ``(c) Comprehensive Plan.--Each application shall include a 
comprehensive plan that shall contain--
            ``(1) a description of the crime problems within the 
        schools 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 filed with existing 
        resources;
            ``(4) an explanation of how the requested grant will be 
        used to fill gaps;
            ``(5) a description of the system the applicant will 
        establish to prevent and reduce crime problems; and
            ``(6) a description of educational materials to be 
        developed in Spanish.

``SEC. 2404. ALLOCATION OF FUNDS; LIMITATIONS ON GRANTS.

    ``(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 and technical assistance.
    ``(b) Renewal of Grants.--A grant under this part may be renewed 
for up to 2 additional years after the first fiscal year during which 
the recipient receives its initial grant under this part, subject to 
the availability of funds, if--
            ``(1) 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
            ``(2) the Director determines that an additional grant is 
        necessary to implement the crime prevention program described 
        in the comprehensive plan as required by section 2403(c) of the 
        Violent Crime Control and Law Enforcement Act of 1993.

``SEC. 2405. AWARD OF GRANTS.

    ``(a) Selection of Recipients.--The Director, in consultation with 
the Secretary of Education, shall consider the following factors in 
awarding grants to local educational agencies:
            ``(1) Crime problem.--The nature and scope of the crime 
        problem in the targeted schools.
            ``(2) Need and ability.--Demonstrated need and evidence of 
        the ability to provide the services described in the plan 
        required under section 2403(c) of the Violent Crime Control and 
        Law Enforcement Act of 1993.
            ``(3) Population.--The number of students to be served by 
        the plan required under section 2403(c).
    ``(b) Geographic Distribution.--The Director shall attempt, to the 
extent practicable, to achieve an equitable geographic distribution of 
grant awards.

``SEC. 2406. REPORTS.

    ``(a) Report to Director.--Local educational agencies that receive 
funds under this part shall submit to the Director a report not later 
than March 1 of each year that describes progress achieved in carrying 
out the plan required under section 2403(c) of the Violent Crime 
Control and Law Enforcement Act of 1993.
    ``(b) Report to Congress.--The Director shall submit to the House 
Committee on Education and Labor, the Senate Committee on Labor and 
Human Resources, and the Committees on the Judiciary of the Senate and 
the House of Representatives a report by October 1 of each year in 
which grants are made available under this part which shall contain a 
detailed statement regarding grant awards, activities of grant 
recipients, a compilation of statistical information submitted by 
applicants under 2403(b)(4) of the Violent Crime Control and Law 
Enforcement Act of 1993, and an evaluation of programs established 
under this part.

``SEC. 2407. DEFINITIONS.

    ``For the purpose of this part:
            ``(1) The term `Director' means the Director of the Bureau 
        of Justice Assistance.
            ``(2) The term `local educational agency' means a public 
        board of education or other public authority legally 
        constituted within a State for either administrative control or 
        direction of, or to perform a service function for, public 
        elementary and secondary schools in a city, county, township, 
        school district, or other political subdivision of a State, or 
        such combination of school districts of counties as are 
        recognized in a State as an administrative agency for its 
        public elementary and secondary schools. Such term includes any 
        other public institution or agency having administrative 
        control and direction of a public elementary or secondary 
        school.''.
    (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 X and 
inserting the following:

                   ``Part X--Safe Schools Assistance

``Sec. 2401. Grant authorization.
``Sec. 2402. Use of funds.
``Sec. 2403. Applications.
``Sec. 2404. Allocation of funds; limitations on grants.
``Sec. 2405. Award of grants.
``Sec. 2406. Reports.
``Sec. 2407. Definitions.
             ``Part Y--Transition; Effective Date; Repealer

``Sec. 2501. Continuation of rules, authorities, and proceedings.''.

SEC. 2402. AUTHORIZATION OF APPROPRIATIONS.

    Section 1001(a) of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3793), is amended by adding after paragraph (17) the 
following:
    ``(18) There are authorized to be appropriated $100,000,000 for 
each of the fiscal years 1994, 1995, and 1996 to carry out the projects 
under part X.''.

          TITLE XXV--FINANCIAL INSTITUTIONS FRAUD PROSECUTIONS

SEC. 2501. FEDERAL DEPOSIT INSURANCE ACT AMENDMENT.

    Section 19(a) of the Federal Deposit Insurance Act (12 U.S.C. 
1829(a)) is amended in paragraph (2)(A)(i)(I)--
            (1) by striking ``or 1956''; and
            (2) by inserting ``1517, 1956, or 1957''.

SEC. 2502. FEDERAL CREDIT UNION ACT AMENDMENTS.

    Section 205(d) of the Federal Credit Union Act (12 U.S.C. 1785(d)) 
is amended to read as follows:
    ``(d) Prohibition.--
            ``(1) In general.--Except with prior written consent of the 
        Board--
                    ``(A) any person who has been convicted of any 
                criminal offense involving dishonesty or a breach of 
                trust, or has agreed to enter into a pretrial diversion 
                or similar program in connection with a prosecution for 
                such offense, may not--
                            ``(i) become, or continue as, an 
                        institution-affiliated party with respect to 
                        any insured credit union; or
                            ``(ii) otherwise participate, directly or 
                        indirectly, in the conduct of the affairs of 
                        any insured credit union; and
                    ``(B) any insured credit union may not permit any 
                person referred to in subparagraph (A) to engage in any 
                conduct or continue any relationship prohibited under 
                such subparagraph.
            ``(2) Minimum 10-year prohibition period for certain 
        offenses.--
                    ``(A) In general.--If the offense referred to in 
                paragraph (1)(A) in connection with any person referred 
                to in such paragraph is--
                            ``(i) an offense under--
                                    ``(I) section 215, 656, 657, 1005, 
                                1006, 1007, 1008, 1014, 1032, 1344, 
                                1517, 1956, or 1957 of title 18, United 
                                States Code; or
                                    ``(II) section 1341 or 1343 of such 
                                title which affects any financial 
                                institution (as defined in section 20 
                                of such title); or
                            ``(ii) the offense of conspiring to commit 
                        any such offense,
                the Board may not consent to any exception to the 
                application of paragraph (1) to such person during the 
                10-year period beginning on the date the conviction or 
                the agreement of the person becomes final.
                    ``(B) Exception by order of sentencing court.--
                            ``(i) In general.--On motion of the Board, 
                        the court in which the conviction or the 
                        agreement of a person referred to in 
                        subparagraph (A) has been entered may grant an 
                        exception to the application of paragraph (1) 
                        to such person if granting the exception is in 
                        the interest of justice.
                            ``(ii) Period for filing.--A motion may be 
                        filed under clause (i) at any time during the 
                        10-year period described in subparagraph (A) 
                        with regard to the person on whose behalf such 
                        motion is made.
            ``(3) Penalty.--Whoever knowingly violates paragraph (1) or 
        (2) shall be fined not more than $1,000,000 for each day such 
        prohibition is violated or imprisoned for not more than 5 
        years, or both.''.

               TITLE XXVI--WHITE COLLAR CRIME AMENDMENTS

SEC. 2601. RECEIVING THE PROCEEDS OF EXTORTION OR KIDNAPPING.

    (a) Proceeds of Extortion.--Chapter 41 of title 18, United States 
Code, is amended--
            (1) by adding at the end the following new section:
``Sec. 880. Receiving the proceeds of extortion
    ``Whoever receives, possesses, conceals, or disposes of any money 
or other property which was obtained from the commission of any offense 
under this chapter that is punishable by imprisonment for more than one 
year, knowing the same to have been unlawfully obtained, shall be 
imprisoned not more than three years, fined under this title, or 
both.''; and
            (2) in the table of sections, by adding at the end the 
        following new item:

``880. Receiving the proceeds of extortion.''.
    (b) Ransom Money.--Section 1202 of title 18, United States Code, is 
amended--
            (1) by designating the existing matter as subsection 
        ``(a)''; and
            (2) by adding the following new subsections:
    ``(b) Whoever transports, transmits, or transfers in interstate or 
foreign commerce any proceeds of a kidnapping punishable under State 
law by imprisonment for more than one year, or receives, possesses, 
conceals, or disposes of any such proceeds after they have crossed a 
State or United States boundary, knowing the proceeds to have been 
unlawfully obtained, shall be imprisoned not more than ten years, fined 
under this title, or both.
    ``(c) For purposes of this section, the term `State' has the 
meaning set forth in section 245(d) of this title.''.

SEC. 2602. RECEIVING THE PROCEEDS OF A POSTAL ROBBERY.

    Section 2114 of title 18, United States Code, is amended--
            (1) by designating the existing matter as subsection (a); 
        and
            (2) by adding at the end the following new subsection:
    ``(b) Whoever receives, possesses, conceals, or disposes of any 
money or other property which has been obtained in violation of this 
section, knowing the same to have been unlawfully obtained, shall be 
imprisoned not more than ten years, fined under this title, or both.''.

SEC. 2603. CONFORMING ADDITION TO OBSTRUCTION OF CIVIL INVESTIGATIVE 
              DEMAND STATUTE.

    Section 1505 of title 18, United States Code, is amended by 
inserting ``section 1968 of this title, section 3733 of title 31, 
United States Code or'' before ``the Antitrust Civil Process Act''.

SEC. 2604. CONFORMING ADDITION OF PREDICATE OFFENSES TO FINANCIAL 
              INSTITUTIONS REWARDS STATUTE.

    Section 3059A of title 18, United States Code, is amended--
            (1) by inserting ``225,'' after ``215'';
            (2) by striking ``or'' before ``1344''; and
            (3) by inserting ``, or 1517'' after ``1344''.

SEC. 2605. DEFINITION OF SAVINGS AND LOAN ASSOCIATION IN BANK ROBBERY 
              STATUTE.

    Section 2113 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(h) As used in this section, the term `savings and loan 
association' means (1) any Federal saving association or State savings 
association (as defined in section 3(b) of the Federal Deposit 
Insurance Act, 12 U.S.C. 1813(b)) having accounts insured by the 
Federal Deposit Insurance Corporation, and (2) any corporation 
described in section 3(b)(1)(C) of the Federal Deposit Insurance Act 
(12 U.S.C. 1813(b)(1)(C)) which is operating under the laws of the 
United States.''.

SEC. 2606. CONFORMING DEFINITION OF ``1 YEAR PERIOD'' IN 18 U.S.C. 
              1516.

    Section 1516(b) of title 18, United States Code, is amended--
            (1) by inserting ``(i)'' before ``the term''; and
            (2) by inserting before the period the following: ``, and 
        (ii) the term `in any 1 year period' has the meaning given to 
        the term `in any one-year period' in section 666 of this 
        title.''.

                         TITLE XXVII--GAMBLING

SEC. 2701. CLARIFYING AMENDMENTS REGARDING SCOPE OF PROHIBITION AGAINST 
              GAMBLING ON SHIPS IN INTERNATIONAL WATERS.

    (a) Definition of Gambling Ship in Title 18.--The first paragraph 
of section 1081 of title 18, United States Code, is amended by adding 
at the end the following: ``Such term does not include a vessel with 
respect to gambling aboard such vessel beyond the territorial waters of 
the United States during a covered voyage (as defined in section 4472 
of the Internal Revenue Code of 1986 as in effect on September 21, 
1993).''.
    (b) Clarifications of, and Limitations on, Gambling Devices 
Prohibitions.--
            (1) Transport to a place in a state, etc.--Section 2 of the 
        Act of January 2, 1951 (15 U.S.C. 1172; commonly referred to as 
        the ``Johnson Act''), is amended--
                    (A) by inserting before the first paragraph the 
                following: ``(a) General Rule.--'';
                    (B) in subsection (a) (as so designated) by 
                striking ``, District of Columbia,'';
                    (C) by inserting before the second paragraph the 
                following: ``(b) Authority of Federal Trade 
                Commission.--''; and
                    (D) by adding at the end the following:
    ``(c) Exception.--This section does not prohibit the transport of a 
gambling device to a place in a State or a possession of the United 
States on a vessel on a voyage, if--
            ``(1) use of the gambling device on a portion of that 
        voyage is, by reason of subsection (b) of section 5, not a 
        violation of that section; and
            ``(2) the gambling device remains on board that vessel 
        while in that State.''.
            (2) Repair, other transport, etc.--Section 5 of that Act 
        (15 U.S.C. 1175) is amended--
                    (A) by inserting before ``It shall be unlawful'' 
                the following: ``(a) General Rule.--'';
                    (B) by inserting before the period at the end the 
                following: ``, including on a vessel documented under 
                chapter 121 of title 46, United States Code, or 
                documented under the laws of a foreign country''; and
                    (C) by adding at the end the following:
    ``(b) Exception.--
            ``(1) In general.--Except as provided in paragraph (2), 
        this section does not prohibit--
                    ``(A) the repair, transport, possession, or use of 
                a gambling device on a vessel that is on waters that 
                are not within the boundaries of any State or 
                possession of the United States; or
                    ``(B) the transport or possession, on a voyage, of 
                a gambling device on a vessel in waters that are within 
                the boundaries of any State or possession of the United 
                States, if--
                            ``(i) use of the gambling device on a 
                        portion of that voyage is, by reason of 
                        subparagraph (A), not a violation of this 
                        section; and
                            ``(ii) the gambling device remains on board 
                        that vessel while within the boundaries of that 
                        State or possession.
            ``(2) Application to certain voyages.--
                    ``(A) General rule.--Paragraph (1)(A) does not 
                apply to the repair or use of a gambling device on a 
                vessel that is on a voyage or segment of a voyage 
                described in subparagraph (B) of this paragraph if the 
                State or possession of the United States in which the 
                voyage or segment begins and ends has enacted a statute 
                the terms of which prohibit that repair or use on that 
                voyage or segment.
                    ``(B) Voyage and segment described.--A voyage or 
                segment of a voyage referred to in subparagraph (A) is 
                a voyage or segment, respectively--
                            ``(i) that begins and ends in the same 
                        State or possession of the United States, and
                            ``(ii) during which the vessel does not 
                        make an intervening stop in another State or 
                        possession of the United States or a foreign 
                        country.''.
            (3) Boundaries defined.--The first section of that Act (15 
        U.S.C. 1171) is amended by adding at the end the following:
            ``(f) The term `boundaries' has the same meaning given that 
        term in section 2 of the Submerged Lands Act (43 U.S.C. 
        1301).''.

SEC. 2702. CRIMINAL HISTORY RECORD INFORMATION FOR THE ENFORCEMENT OF 
              LAWS RELATING TO GAMING.

    A State gaming enforcement office located within a State Attorney 
General's office may obtain from the Interstate Identification Index of 
the FBI criminal history record information for licensing purposes 
through an authorized criminal justice agency.

                  TITLE XXVIII--BAIL POSTING REPORTING

SEC. 2801. SHORT TITLE.

    This title may be cited as the ``Illegal Drug Profits Act of 
1991''.

SEC. 2802. REQUIRED REPORTING BY CRIMINAL COURT CLERKS.

    (a) In General.--Each clerk of a Federal or State criminal court 
shall report to the Internal Revenue Service, in a form and manner as 
prescribed by the Secretary of the Treasury, the name and taxpayer 
identification number of--
            (1) any individual charged with any criminal offense who 
        posts cash bail, or on whose behalf cash bail is posted, in an 
        amount exceeding $10,000, and
            (2) any individual or entity (other than a licensed bail 
        bonding individual or entity) posting such cash bail for or on 
        behalf of such individual.
    (b) Criminal Offenses.--For purposes of subsection (a), the term 
``criminal offense'' means--
            (1) any Federal criminal offense involving a controlled 
        substance,
            (2) racketeering (as defined in section 1951, 1952, or 1955 
        of title 18, United States Code),
            (3) money laundering (as defined in section 1956 or 1957 of 
        title 18, United States Code), or
            (4) any violation of State criminal law involving offenses 
        substantially similar to the offenses described in the 
        preceding paragraphs.
    (c) Copy to Prosecutors.--Each clerk shall submit a copy of each 
report of cash bail described in subsection (a) to--
            (1) the office of the United States Attorney, and
            (2) the office of the local prosecuting attorney, for the 
        jurisdiction in which the defendant resides (and the 
        jurisdiction in which the criminal offense occurred, if 
        different).
    (d) Regulations.--The Secretary of the Treasury shall promulgate 
such regulations as are necessary within 90 days of the enactment of 
this title.
    (e) Effective Date.--This section shall become effective 60 days 
after the date of the promulgation of regulations under subsection (c).

            TITLE XXIX--GENERAL INCREASED PENALTY PROVISIONS

SEC. 2901. INCREASE IN MAXIMUM PENALTY FOR ASSAULT.

    (a) Certain Officers and Employees.--Section 111 of title 18, 
United States Code, is amended--
            (1) in subsection (a) by inserting ``, where the acts in 
        violation of this section constitute only simple assault, be 
        fined under this title or imprisoned not more than one year, or 
        both, and in all other cases,'' after ``shall''; and
            (2) in subsection (b) by inserting ``or inflicts bodily 
        injury'' after ``weapon''.
    (b) Foreign Officials, Official Guests, and Internationally 
Protected Persons.--Section 112(a) of title 18, United States Code, is 
amended--
            (1) by striking ``not more than $5,000'' and inserting 
        ``under this title'';
            (2) by inserting ``, or inflicts bodily injury,'' after 
        ``weapon''; and
            (3) by striking ``not more than $10,000'' and inserting 
        ``under this title''.
    (c) Maritime and Territorial Jurisdiction.--Section 113 of title 
18, United States Code, is amended--
            (1) in subsection (c)--
                    (A) by striking ``of not more than $1,000'' and 
                inserting ``under this title''; and
                    (B) by striking ``five'' and inserting ``ten''; and
            (2) in subsection (e)--
                    (A) by striking ``of not more than $300'' and 
                inserting ``under this title''; and
                    (B) by striking ``three'' and inserting ``six''.
    (d) Congress, Cabinet, or Supreme Court.--Section 351(e) of title 
18, United States Code, is amended--
            (1) by striking ``not more than $5,000,'' and inserting 
        ``under this title,'';
            (2) by inserting ``the assault involved in the use of a 
        dangerous weapon, or'' after ``if'';
            (3) by striking ``not more than $10,000'' and inserting 
        ``under this title''; and
            (4) by striking ``for''.
    (e) President and President's Staff.--Section 1751(e) of title 18, 
United States Code, is amended--
            (1) by striking ``not more than $10,000,'' both places it 
        appears and inserting ``under this title,'';
            (2) by striking ``not more than $5,000,'' and inserting 
        ``under this title,''; and
            (3) by inserting ``the assault involved the use of a 
        dangerous weapon, or'' after ``if''.

SEC. 2902. INCREASED MAXIMUM PENALTY FOR MANSLAUGHTER.

    Section 1112 of title 18, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in the first undesignated paragraph,
                            (i) by inserting ``fined under this title 
                        or'' after ``shall be''; and
                            (ii) by inserting ``, or both'' after 
                        ``years''; and
                    (B) in the second undesignated paragraph,
                            (i) by striking ``not more than $1,000'' 
                        and inserting ``under this title''; and
                            (ii) by striking ``three'' and inserting 
                        ``six''.

SEC. 2903. INCREASED PENALTY FOR CONSPIRACY TO COMMIT MURDER FOR HIRE.

    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. 2904. INCREASED PENALTIES FOR COUNTERFEITING--OBLIGATIONS OR 
              SECURITIES.

    The sixth undesignated paragraph of Section 474 of title 18, United 
States Code, is amended by striking ``is guilty of a class C felony'' 
and inserting ``shall be fined under this title or imprisoned not more 
than 20 years, or both.''.

SEC. 2905. INCREASED PENALTIES FOR TRAFFICKING IN COUNTERFEIT GOODS AND 
              SERVICES.

    (a) In General.--Section 2320(a) of title 18, United States Code, 
is amended--
            (1) in the first sentence by striking ``imprisoned not more 
        than five years'' and inserting ``imprisoned not more than 10 
        years''; and
            (2) in the second sentence by striking ``imprisoned not 
        more than fifteen years'' and inserting ``imprisoned not more 
        than 20 years''.
    (b) Laundering Monetary Instruments.--Section 1956(c)(7)(D) of 
title 18, United States Code, is amended by striking ``or section 2319 
(relating to copyright infringement),'' and inserting ``section 2319 
(relating to copyright infringement), or section 2320 (relating to 
trafficking in counterfeit goods and services),''.

SEC. 2906. INCREASED MAXIMUM PENALTIES FOR CIVIL RIGHTS VIOLATIONS.

    (a) Conspiracy Against Rights.--Section 241 of title 18, United 
States Code, is amended--
            (1) by striking ``not more than $10,000'' and inserting 
        ``under this title'';
            (2) by inserting ``from the acts committed in violation of 
        this section or if such acts include kidnapping or an attempt 
        to kidnap, aggravated sexual abuse or an attempt to commit 
        aggravated sexual abuse, or an attempt to kill'' after 
        ``results'';
            (3) by striking ``subject to imprisonment'' and inserting 
        ``fined under this title or imprisoned''; and
            (4) by inserting ``, or both'' after ``life''.
    (b) Deprivation of Rights.--Section 242 of title 18, United States 
Code, is amended--
            (1) by striking ``not more than $1,000'' and inserting 
        ``under this title'';
            (2) by inserting ``from the acts committed in violation of 
        this section or if such acts include the use, attempted use, or 
        threatened use of a dangerous weapon, explosives, or fire,'' 
        after ``bodily injury results'';
            (3) by inserting ``from the acts committed in violation of 
        this section or if such acts include kidnapping or an attempt 
        to kidnap, aggravated sexual abuse, or an attempt to commit 
        aggravated sexual abuse, or an attempt to kill, shall be fined 
        under this title, or'' after ``death results'';
            (4) by striking ``shall be subject to imprisonment'' and 
        inserting ``imprisoned''; and
            (5) by inserting ``, or both'' after ``life''.
    (c) Federally Protected Activities.--Section 245(b) of title 18, 
United States Code, is amended in the matter following paragraph (5)--
            (1) by striking ``not more than $1,000'' and inserting 
        ``under this title'';
            (2) by inserting ``from the acts committed in violation of 
        this section or if such acts include the use, attempted use, or 
        threatened use of a dangerous weapon, explosives, or fire'' 
        after ``bodily injury results'';
            (3) by striking ``not more than $10,000'' and inserting 
        ``under this title'';
            (4) by inserting ``from the acts committed in violation of 
        this section or if such acts include kidnapping or an attempt 
        to kidnap, aggravated sexual abuse or an attempt to commit 
        aggravated sexual abuse, or an attempt to kill,'' after ``death 
        results'';
            (5) by striking ``subject to imprisonment'' and inserting 
        ``fined under this title or imprisoned''; and
            (6) by inserting ``, or both'' after ``life''.
    (d) Damage to Religious Property.--Section 247 of title 18, United 
States Code, is amended--
            (1) in subsection (c)(1) by inserting ``from acts committed 
        in violation of this section or if such acts include kidnapping 
        or an attempt to kidnap, aggravated sexual abuse or an attempt 
        to commit aggravated sexual abuse, or an attempt to kill'' 
        after ``death results'';
            (2) in subsection (c)(2)--
                    (A) by striking ``serious''; and
                    (B) by inserting ``from the acts committed in 
                violation of this section or if such acts include the 
                use, attempted use, or threatened use of a dangerous 
                weapon, explosives, or fire'' after ``bodily injury 
                results''; and
            (3) by amending subsection (e) to read as follows:
    ``(e) As used in this section, the term `religious property' means 
any church, synagogue, mosque, religious cemetery, or other religious 
property.''.
    (e) Fair Housing Act.--Section 901 of the Fair Housing Act (42 
U.S.C. 3631) is amended--
            (1) in the caption by striking ``bodily injury; death;'';
            (2) by striking ``not more than $1,000,'' and inserting 
        ``under this title'';
            (3) by inserting ``from the acts committed in violation of 
        this section or if such acts include the use, attempted use, or 
        threatened use of a dangerous weapon, explosives, or fire'' 
        after ``bodily injury results'';
            (4) by striking ``not more than $10,000,'' and inserting 
        ``under this title'';
            (5) by inserting ``from the acts committed in violation of 
        this section or if such acts include kidnapping or an attempt 
        to kidnap, aggravated sexual abuse or an attempt to commit 
        aggravated sexual abuse, or an attempt to kill,'' after ``death 
        results'';
            (6) by striking ``subject to imprisonment'' and inserting 
        ``fined under this title or imprisoned''; and
            (7) by inserting ``, or both'' after ``life''.

SEC. 2907. INCREASED PENALTY FOR TRAVEL ACT VIOLATIONS.

    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 5 years, or both'' 
and inserting ``and thereafter performs or attempts to perform (A) any 
of the acts specified in subparagraphs (1) and (3) shall be fined under 
this title or imprisoned for not more than 5 years, or both or (B) any 
of the acts specified in subparagraph (2) shall be fined under this 
title or imprisoned for not more than 20 years, or both, and if death 
results shall be imprisoned for any term of years or for life.''.

                        TITLE XXX--MISCELLANEOUS

SEC. 3001. ADDITIONAL AUTHORIZATION FOR DRUG ENFORCEMENT 
              ADMINISTRATION.

    There is authorized to be appropriated for the Drug Enforcement 
Administration for fiscal year 1994, (which shall be in addition to any 
other appropriations) $100,000,000 to be allocated as follows:
            (1) not to exceed $45,000,000 to hire, equip and train not 
        less than 350 agents and necessary support personnel to expand 
        DEA investigations and operations against drug trafficking 
        organizations in rural areas;
            (2) not to exceed $25,000,000 to expand DEA State and Local 
        Task Forces, including payment of state and local overtime, 
        equipment and personnel costs; and
            (3) not to exceed $5,000,000 to hire, equip and train not 
        less than 50 special agents and necessary support personnel to 
        investigate violations of the Controlled Substances Act 
        relating to anabolic steroids.

SEC. 3002. EXTENSION OF PROTECTION OF CIVIL RIGHTS STATUTES.

    (a) Conspiracy Against Rights.--Section 241 of title 18, United 
States Code, is amended by striking ``inhabitant of'' and inserting 
``person in''.
    (b) Deprivation of Rights Under Color of Law.--Section 242 of title 
18, United States Code, is amended--
            (1) by striking ``inhabitant of'' and inserting ``person 
        in''; and
            (2) by striking ``such inhabitant'' and inserting ``such 
        person''.

SEC. 3003. AUDIT REQUIREMENT FOR STATE AND LOCAL LAW ENFORCEMENT 
              AGENCIES RECEIVING FEDERAL ASSET FORFEITURE FUNDS.

    (a) State Requirement.--Section 524(c)(7) of title 28, United 
States Code, is amended to read as follows:
            ``(7)(A) The Fund shall be audited on an annual basis by 
        the Comptroller General.
            ``(B) The Attorney General shall require that any State or 
        local law enforcement agency receiving funds conduct an annual 
        audit detailing the uses and expenses to which the funds were 
        dedicated and the amount used for each use or expense and 
        report the results of the audit to the Attorney General.''.
    (b) Inclusion in Attorney General's Report.--Section 524(c)(6)(C) 
of title 28, United States Code, is amended by adding at the end the 
following flush sentence: ``The report should also contain all annual 
audit reports from State and local law enforcement agencies required to 
be reported to the Attorney General under subparagraph (B) of paragraph 
(7).''.

SEC. 3004. REPORT TO CONGRESS ON ADMINISTRATIVE AND CONTRACTING 
              EXPENSES.

    Section 524(c)(6) of title 28, 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 new subparagraph:
            ``(D) a report for such fiscal year containing a 
        description of the administrative and contracting expenses paid 
        from the Fund under paragraph (1)(A).''.

SEC. 3005. OPTIONAL VENUE FOR ESPIONAGE AND RELATED OFFENSES.

    (a) In General.--Chapter 211 of title 18, United States Code, is 
amended by inserting after section 3238 the following new section:
``Sec. 3239. Optional venue for espionage and related offenses
    ``The trial for any offense involving a violation, begun or 
committed upon the high seas or elsewhere out of the jurisdiction of 
any particular State or district, of--
            ``(1) section 793, 794, 798, or section 1030(a)(1) of this 
        title;
            ``(2) section 601 of the National Security Act of 1947 (50 
        U.S.C. 421); or
            ``(3) section 4(b) or (4)(c) of the Subversive Activities 
        Control Act of 1950 (50 U.S.C. 783 (b) or (c));
may be in the District of Columbia or in any other district authorized 
by law.''.
    (b) Technical Amendment.--The item relating to section 3239 in the 
table of sections of chapter 211 of title 18, United States Code, is 
amended to read as follows:

``3239. Optional venue for espionage and related offense.''.

SEC. 3006. UNDERCOVER OPERATIONS.

    (a) In General.--Chapter 1 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 21. Stolen or counterfeit nature of property for certain crimes 
              defined
    ``(a) Wherever in this title it is an element of an offense that--
            ``(1) any property was embezzled, robbed, stolen, 
        converted, taken, altered, counterfeited, falsely made, forged, 
        or obliterated; and
            ``(2) the defendant knew that the property was of such 
        character;
such element may be established by proof that the defendant, after or 
as a result of an official representation as to the nature of the 
property, believed the property to be embezzled, robbed, stolen, 
converted, taken, altered, counterfeited, falsely made, forged, or 
obliterated.
    ``(b) For purposes of this section, the term `official 
representation' means any representation made by a Federal law 
enforcement officer (as defined in section 115) or by another person at 
the direction or with the approval of such an officer.''.
    (b) Technical Amendment.--The table of sections of chapter 1 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

``21. Stolen or counterfeit nature of property for certain crimes 
                            defined.''.

SEC. 3007. WIRETAPS.

    Section 2511(1) of title 18, United States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (c);
            (2) by inserting ``or'' at the end of paragraph (d); and
            (3) by adding after paragraph (d) the following new 
        paragraph:
            ``(e)(i) intentionally discloses, or endeavors to disclose, 
        to any other person the contents of any wire, oral, or 
        electronic communication, intercepted by means authorized by 
        sections 2511(2)(A)(ii), 2511(b)-(c), 2511(e), 2516, and 2518 
        of this subchapter, (ii) knowing or having reason to know that 
        the information was obtained through the interception of such a 
        communication in connection with a criminal investigation, 
        (iii) having obtained or received the information in connection 
        with a criminal investigation, (iv) with intent to improperly 
        obstruct, impede, or interfere with a duly authorized criminal 
        investigation;''.

SEC. 3008. THEFTS OF MAJOR ART WORKS.

    (a) Offense.--Chapter 31 of title 18, United States Code, is 
amended by adding at the end thereof the following:
``Sec. 668. Theft of a major art work
    ``(a) Whoever steals or obtains by fraud any object of cultural 
heritage held in a museum, or knowing the same to have been stolen, 
converted, or taken by fraud receives, conceals, stores, sells, 
exhibits, or disposes of such goods, shall be fined under this title, 
imprisoned for not more than 12 years, or both.
    ``(b) Notwithstanding section 3282 of this title, the statute of 
limitations for an offense under this section shall be 20 years.
    ``(c) The property of a person convicted of an offense under this 
section shall be subject to criminal forfeiture under section 982 of 
this title.
    ``(d) For purposes of this section--
            ``(1) The term `museum' means an organized and permanent 
        institution, situated in the United States, essentially 
        educational or aesthetic in purpose with professional staff, 
        which owns and utilizes tangible objects, cares for them, and 
        exhibits them to the public on some regularly scheduled period.
            ``(2) The term `stolen object of cultural heritage' means 
        an object stolen from a museum after the effective date of this 
        title reported to law enforcement authorities as stolen and 
        registered with the International Foundation for Art Research, 
        or any equivalent registry.''.
    (b) Chapter Analysis.--The chapter analysis for chapter 31 of title 
18, United States Code, is amended by adding at the end thereof the 
following:

``668. Theft of a major art work.''.

SEC. 3009. MISUSE OF INITIALS ``DEA''.

    (a) Amendment.--Section 709 of title 18, United States Code, is 
amended--
            (1) in the thirteenth unnumbered paragraph by striking 
        ``words--'' and inserting ``words; or''; and
            (2) by inserting after the thirteenth unnumbered paragraph 
        the following new paragraph:
    ``Whoever, except with the written permission of the Administrator 
of the Drug Enforcement Administration, knowingly uses the words `Drug 
Enforcement Administration' or the initials `DEA' or any colorable 
imitation of such words or initials, in connection with any 
advertisement, circular, book, pamphlet, software or other publication, 
play, motion picture, broadcast, telecast, or other production, in a 
manner reasonably calculated to convey the impression that such 
advertisement, circular, book, pamphlet, software or other publication, 
play, motion picture, broadcast, telecast, or other production is 
approved, endorsed, or authorized by the Drug Enforcement 
Administration;''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
become effective on the date that is 90 days after the date of 
enactment of this Act.

SEC. 3010. TRIAL BY A MAGISTRATE IN PETTY OFFENSE CASES.

    Section 3401 of title 18, United States Code, is amended--
            (1) in subsection (b) by adding ``other than a petty 
        offense'' after ``misdemeanor'': and
            (2) in subsection (g) by amending the first sentence to 
        read as follows: ``The magistrate judge may, in a petty offense 
        involving a juvenile, exercise all powers granted to the 
        district court under chapter 403 of this title.''.

SEC. 3011. ADDITION OF ATTEMPTED ROBBERY, KIDNAPPING, SMUGGLING, AND 
              PROPERTY DAMAGE OFFENSES TO ELIMINATE INCONSISTENCIES AND 
              GAPS IN COVERAGE.

    (a) Robbery and Burglary.--(1) Section 2111 of title 18, United 
States Code, is amended by inserting ``or attempts to take'' after 
``takes''.
    (2) Section 2112 of title 18, United States Code, is amended by 
inserting ``or attempts to rob'' after ``robs''.
    (3) Section 2114 of title 18, United States Code, is amended by 
inserting ``or attempts to rob'' after ``robs''.
    (b) Kidnapping.--Section 1201(d) of title 18, United States Code, 
is amended by striking ``Whoever attempts to violate subsection (a)(4) 
or (a)(5)'' and inserting ``Whoever attempts to violate subsection 
(a)''.
    (c) Smuggling.--Section 545 of title 18, United States Code, is 
amended by inserting ``or attempts to smuggle or clandestinely 
introduce'' after ``smuggles, or clandestinely introduces''.
    (d) Malicious Mischief.--(1) Section 1361 of title 18, United 
States Code, is amended--
            (A) by inserting ``or attempts to commit any of the 
        foregoing offenses'' before ``shall be punished'', and
            (B) by inserting ``or attempted damage'' after ``damage'' 
        each place it appears.
    (2) Section 1362 of title 18, United States Code, is amended by 
inserting ``or attempts willfully or maliciously to injure or destroy'' 
after ``willfully or maliciously injures or destroys''.
    (3) Section 1366 of title 18, United States Code, is amended--
            (A) by inserting ``or attempts to damage'' after 
        ``damages'' each place it appears;
            (B) by inserting ``or attempts to cause'' after ``causes''; 
        and
            (C) by inserting ``or would if the attempted offense had 
        been completed have exceeded'' after ``exceeds'' each place it 
        appears.

SEC. 3012. DEFINITION OF LIVESTOCK.

    Section 2311 of title 18, United States Code, is amended by 
inserting after the second paragraph relating to the definition of 
``cattle'' the following:
    ```Livestock' means any domestic animals raised for home use, 
consumption, or profit, such as horses, pigs, goats, fowl, sheep, and 
cattle, or the carcasses thereof;''.

                   TITLE XXXI--TECHNICAL CORRECTIONS

SEC. 3101. AMENDMENTS RELATING TO FEDERAL FINANCIAL ASSISTANCE FOR LAW 
              ENFORCEMENT.

    (a) Cross Reference Corrections.--(1) Section 506 of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756) is 
amended--
            (1) in subsection (a) by striking ``Of'' and inserting 
        ``Subject to subsection (f), of'',
            (2) in subsection (c) by striking ``subsections (b) and 
        (c)'' and inserting ``subsection (b)'',
            (3) in subsection (e) by striking ``or (e)'' and inserting 
        ``or (f)'', and
            (4) in subsection (f)(1)--
                    (A) in subparagraph (A)--
                            (i) by striking ``, taking into 
                        consideration subsection (e) but'', and
                            (ii) by striking ``this subsection,'' and 
                        inserting ``this subsection'', and
                    (B) in subparagraph (B) by striking ``amount'' and 
                inserting ``funds''.
    (b) Correctional Options Grants.--(1) Section 515(b) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 is amended--
            (A) by striking ``subsection (a)(1) and (2)'' and inserting 
        ``paragraphs (1) and (2) of subsection (a)'', and
            (B) in paragraph (2) by striking ``States'' and inserting 
        ``public agencies''.
    (2) Section 516 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 is amended--
            (A) in subsection (a) by striking ``for section'' each 
        place it appears and inserting ``shall be used to make grants 
        under section'', and
            (B) in subsection (b) by striking ``section 515(a)(1) or 
        (a)(3)'' and inserting ``paragraph (1) or (3) of section 
        515(a)''.
    (3) Section 1001(a)(5) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3793(a)(5)) is amended by inserting 
``(other than chapter B of subpart 2)'' after ``and E''.
    (c) Denial or Termination of Grant.--Section 802(b) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3783(b)) is amended by striking ``M,,'' and inserting ``M,''.
    (d) Definitions.--Section 901(a)(21) of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791(21)) is 
amended by adding a semicolon at the end.
    (e) 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)) is amended in paragraph (3) by striking ``and N'' and 
inserting ``N, O, P, Q, R, S, T, U, V, and W''.
    (f) Public Safety Officers Disability Benefits.--Title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796) is 
amended--
            (1) in section 1201--
                    (A) in subsection (a) by striking ``subsection 
                (g)'' and inserting ``subsection (h),'', and
                    (B) in subsection (b)--
                            (i) by striking ``subsection (g)'' and 
                        inserting ``subsection (h)'',
                            (ii) by striking ``personal'', and
                            (iii) in the first proviso by striking 
                        ``section'' and inserting ``subsection'', and
            (2) in section 1204(3) by striking ``who was responding to 
        a fire, rescue or police emergency''.
    (g) Headings.--(1) The heading for part M of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797) is amended 
to read as follows:

           ``part m--regional information sharing systems''.

    (2) The heading for part O of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3797) is amended to read as 
follows:

                  ``part o--rural drug enforcement''.

    (h) Table of Contents.--The table of contents of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 is amended--
            (1) in the item relating to section 501 by striking ``Drug 
        Control and System Improvement Grant'' and inserting ``drug 
        control and system improvement grant'',
            (2) in the item relating to section 1403 by striking 
        ``Application'' and inserting ``Applications'', and
            (3) in the items relating to part O by redesignating 
        sections 1401 and 1402 as sections 1501 and 1502, respectively.
    (i) Other Technical Amendments.--Title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 is amended--
            (1) in section 202(c)(2)(E) by striking ``crime,,'' and 
        inserting ``crime,'',
            (2) in section 302(c)(19) by striking a period at the end 
        and inserting a semicolon,
            (3) in section 602(a)(1) by striking ``chapter 315'' and 
        inserting ``chapter 319'',
            (4) in section 603(a)(6) by striking ``605'' and inserting 
        ``606'',
            (5) in section 605 by striking ``this section'' and 
        inserting ``this part'',
            (6) in section 606(b) by striking ``and Statistics'' and 
        inserting ``Statistics'',
            (7) in section 801(b)--
                    (A) by striking ``parts D,'' and inserting 
                ``parts'',
                    (B) by striking ``part D'' each place it appears 
                and inserting ``subpart 1 of part E'',
                    (C) by striking ``403(a)'' and inserting ``501'', 
                and
                    (D) by striking ``403'' and inserting ``503'',
            (8) in the first sentence of section 802(b) by striking 
        ``part D,'' and inserting ``subpart 1 of part E or under 
        part'',
            (9) in the second sentence of section 804(b) by striking 
        ``Prevention or'' and inserting ``Prevention, or'',
            (10) in section 808 by striking ``408, 1308,'' and 
        inserting ``507'',
            (11) in section 809(c)(2)(H) by striking ``805'' and 
        inserting ``804'',
            (12) in section 811(e) by striking ``Law Enforcement 
        Assistance Administration'' and inserting ``Bureau of Justice 
        Assistance'',
            (13) in section 901(a)(3) by striking ``and,'' and 
        inserting ``, and'', and
            (14) in section 1001(c) by striking ``parts'' and inserting 
        ``part''.
    (j) Conforming Amendment to Other Law.--Section 4351(b) of title 
18, United States Code, is amended by striking ``Administrator of the 
Law Enforcement Assistance Administration'' and inserting ``Director of 
the Bureau of Justice Assistance''.

SEC. 3102. GENERAL TITLE 18 CORRECTIONS.

    (a) Section 1031.--Section 1031(g)(2) of title 18, United States 
Code, is amended by striking ``a government'' and inserting ``a 
Government''.
    (b) Section 208.--Section 208(c)(1) of title 18, United States 
Code, is amended by striking ``Banks'' and inserting ``banks''.
    (c) Section 1007.--The heading for section 1007 of title 18, United 
States Code, is amended by striking ``Transactions'' and inserting 
``transactions'' in lieu thereof.
    (d) Section 1014.--Section 1014 of title 18, United States Code, is 
amended by striking the comma which follows a comma.
    (e) Elimination of Obsolete Cross Reference.--Section 3293 of title 
18, United States Code, is amended by striking ``1008,''.
    (f) Elimination of Duplicate Subsection Designation.--Section 1031 
of title 18, United States Code, is amended by redesignating the second 
subsection (g) as subsection (h).
    (g) Clerical Amendment to Part I Table of Chapters.--The item 
relating to chapter 33 in the table of chapters for part I of title 18, 
United States Code, is amended by striking ``701'' and inserting 
``700''.
    (h) Amendment to Section 924(a)(1)(B).--Section 924(a)(1)(B) of 
title 18, United States Code, is amended by striking ``(q)'' and 
inserting ``(r)''.
    (i) Amendment to Table of Chapters.--The table of chapters at the 
beginning of part I of title 18, United States Code, is amended by 
striking the item relating to the chapter 113A added by section 132 of 
Public Law 102-27, but subsequently repealed.
    (j) Punctuation Correction.--Section 207(c)(2)(A)(ii) of title 18, 
United States Code, is amended by striking the semicolon at the end and 
inserting a comma.
    (k) Table of Contents Correction.--The table of contents for 
chapter 223 of title 18, United States Code, is amended by adding at 
the end the following:

``3509. Child Victims' and child witnesses' rights.''.
    (l) Elimination of Superfluous Comma.--Section 3742(b) of title 18, 
United States Code, is amended by striking ``Government,'' and 
inserting ``Government''.

SEC. 3103. CORRECTIONS OF ERRONEOUS CROSS REFERENCES AND 
              MISDESIGNATIONS.

    (a) Section 1791 of Title 18.--Section 1791(b) of title 18, United 
States Code, is amended by striking ``(c)'' each place it appears and 
inserting ``(d)''.
    (b) Section 2703 of Title 18.--Section 2703(d) of title 18, United 
States Code, is amended by striking ``section 3126(2)(A)'' and 
inserting ``section 3127(2)(A)''.
    (c) Section 666 of Title 18.--Section 666(d) of title 18, United 
States Code, is amended--
            (1) by redesignating the second paragraph (4) as paragraph 
        (5);
            (2) by striking ``and'' at the end of paragraph (3); and
            (3) by striking the period at the end of paragraph (4) and 
        inserting ``; and''.
    (d) Section 4247 of Title 18.--Section 4247(h) of title 18, United 
States Code, is amended by striking ``subsection (e) of section 4241, 
4243, 4244, 4245, or 4246,'' and inserting ``subsection (e) of section 
4241, 4244, 4245, or 4246, or subsection (f) of section 4243,''.
    (e) Section 408 of the Controlled Substance.--Section 408(b)(2)(A) 
of the Controlled Substances Act (21 U.S.C. 848(b)(2)(A)) is amended by 
striking ``subsection (d)(1)'' and inserting ``subsection (c)(1)''.
    (f) Maritime Drug Law Enforcement Act.--(1) Section 994(h) of title 
28, United States Code, is amended by striking ``section 1 of the Act 
of September 15, 1980 (21 U.S.C. 955a)'' each place it appears and 
inserting ``the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 
et seq.)''.
    (2) Section 924(e) of title 18, United States Code, is amended by 
striking ``the first section or section 3 of Public Law 96-350 (21 
U.S.C. 955a et seq.)'' and inserting ``the Maritime Drug Law 
Enforcement Act (46 U.S.C. App. 1901 et seq.)''.
    (g) Section 2596 of the Crime Control Act of 1990.--Section 2596(d) 
of the Crime Control Act of 1990 is amended, effective retroactively to 
the date of enactment of such Act, by striking ``951(c)(1)'' and 
inserting ``951(c)(2)''.

SEC. 3104. REPEAL OF OBSOLETE PROVISIONS IN TITLE 18.

    Title 18, United States Code, is amended--
            (1) in section 212, by striking ``or of any National 
        Agricultural Credit Corporation,'' and by striking ``or 
        National Agricultural Credit Corporations,'';
            (2) in section 213, by striking ``or examiner of National 
        Agricultural Credit Corporations'';
            (3) in section 709, by striking the seventh and thirteenth 
        paragraphs;
            (4) in section 711, by striking the second paragraph;
            (5) by striking section 754, and amending the table of 
        sections for chapter 35 by striking the item relating to 
        section 754;
            (6) in sections 657 and 1006, by striking ``Reconstruction 
        Finance Corporation,'', and by striking ``Farmers' Home 
        Corporation,'';
            (7) in section 658, by striking ``Farmers' Home 
        Corporation,'';
            (8) in section 1013, by striking ``, or by any National 
        Agricultural Credit Corporation'';
            (9) in section 1160, by striking ``white person'' and 
        inserting ``non-Indian'';
            (10) in section 1698, by striking the second paragraph;
            (11) by striking sections 1904 and 1908, and amending the 
        table of sections for chapter 93 by striking the items relating 
        to such sections;
            (12) in section 1909, by inserting ``or'' before ``farm 
        credit examiner'' and by striking ``or an examiner of National 
        Agricultural Credit Corporations,'';
            (13) by striking sections 2157 and 2391, and amending the 
        table of sections for chapters 105 and 115, respectively, by 
        striking the items relating to such sections;
            (14) in section 2257 by striking the subsections (f) and 
        (g) that were enacted by Public Law 100-690;
            (15) in section 3113, by striking the third paragraph;
            (16) in section 3281, by striking ``except for offenses 
        barred by the provisions of law existing on August 4, 1939'';
            (17) in section 443, by striking ``or (3) five years after 
        12 o'clock noon of December 31, 1946,'';
            (18) in sections 542, 544, and 545, by striking ``the 
        Philippine Islands,''; and
            (19) in section 1073--
                    (A) by striking ``or which, in the case of New 
                Jersey, is a high misdemeanor under the laws of said 
                State,''; and
                    (B) by striking ``or which in the case of New 
                Jersey, is a high misdemeanor under the laws of said 
                State,''.

SEC. 3105. CORRECTION OF DRAFTING ERROR IN THE FOREIGN CORRUPT 
              PRACTICES ACT.

    Section 104(a)(3) of the Foreign Corrupt Practices Act of 1977 (15 
U.S.C. 78dd-2) is amended by striking ``issuer'' and inserting 
``domestic concern''.

SEC. 3106. ELIMINATION OF REDUNDANT PENALTY PROVISION IN 18 U.S.C. 
              1116.

    Section 1116(a) of title 18, United States Code, is amended by 
striking ``, and any such person who is found guilty of attempted 
murder shall be imprisoned for not more than twenty years''.

SEC. 3107. ELIMINATION OF REDUNDANT PENALTY.

    Section 1864(c) of title 18, United States Code, is amended by 
striking ``(b) (3), (4), or (5)'' and inserting ``(b)(5)''.

SEC. 3108. CORRECTIONS OF MISSPELLINGS AND GRAMMATICAL ERRORS.

    Title 18, United States Code, is amended--
            (1) in section 513(c)(4), by striking ``association or 
        persons'' and inserting ``association of persons'';
            (2) in section 1956(e), by striking ``Evironmental'' and 
        inserting ``Environmental'';
            (3) in section 3125--
                    (A) by striking the quotation marks in paragraph 
                (a)(2); and
                    (B) by striking ``provider for'' and inserting 
                ``provider of'' in subsection (d);
            (4) in section 3731, by striking ``order of a district 
        courts'' and inserting ``order of a district court'' in the 
        second undesignated paragraph;
            (5) in section 151, by striking ``mean'' and inserting 
        ``means'';
            (6) in section 208(b), by inserting ``if'' after ``(4)'';
            (7) in section 209(d), by striking ``under the terms of the 
        chapter 41'' and inserting ``under the terms of chapter 41'';
            (8) in section 1014, by inserting a comma after ``National 
        Credit Union Administration Board''; and
            (9) in section 3291, by striking ``the afore-mentioned'' 
        and inserting ``such''.

SEC. 3109. OTHER TECHNICAL AMENDMENTS.

    (a) Section 419 of Controlled Substances Act.--Section 419(b) of 
the Controlled Substances Act (21 U.S.C. 860(b)) is amended by striking 
``years Penalties'' and inserting ``years. Penalties''.
    (b) Section 667.--Section 667 of title 18, United States Code, is 
amended by adding at the end the following: ``The term `livestock' has 
the meaning set forth in section 2311 of this title.''.
    (c) Section 1114.--Section 1114 of title 18, United States Code, is 
amended by striking ``or any other officer, agency, or employee of the 
United States'' and inserting ``or any other officer or employee of the 
United States or any agency thereof''.
    (d) Section 408 of Controlled Substances Act.--Section 408(q)(8) of 
the Controlled Substances Act (21 U.S.C. 848(q)(8)) is amended by 
striking ``applications, for writ'' and inserting ``applications for 
writ''.

SEC. 3110. CORRECTIONS OF ERRORS FOUND DURING CODIFICATION.

    Title 18, United States Code, is amended--
            (1) in section 212, by striking ``218'' and inserting 
        ``213'';
            (2) in section 1917--
                    (A) by striking ``Civil Service Commission'' and 
                inserting ``Office of Personnel Management''; and
                    (B) by striking ``the Commission'' in paragraph (1) 
                and inserting ``such Office'';
            (3) by transferring the table of sections for each 
        subchapter of each of chapters 227 and 229 to follow the 
        heading of that subchapter;
            (4) so that the heading of section 1170 reads as follows:
``Sec. 1170. Illegal trafficking in Native American human remains and 
              cultural items'';
            (5) so that the item relating to section 1170 in the table 
        of sections at the beginning of chapter 53 reads as follows:

``1170. Illegal trafficking in Native American human remains and 
                            cultural items.'';
            (6) in section 3509(a), by striking paragraph (11) and 
        redesignating paragraphs (12) and (13) as paragraphs (11) and 
        (12), respectively;
            (7) in section 3509--
                    (A) by striking out ``subdivision'' each place it 
                appears and inserting ``subsection''; and    (B) by 
                striking out ``government'' each place it appears and 
                inserting ``Government'';
            (8) in section 2252(a)(3)(B), by striking ``materails'' and 
        inserting ``materials'';
            (9) in section 14, by striking ``45,'' and ``608, 611, 
        612,'';
            (10) in section 3059A--
                    (A) in subsection (b), by striking ``this 
                subsection'' and inserting ``subsection''; and
                    (B) in subsection (c), by striking ``this 
                subsection'' and inserting ``subsection'';
            (11) in section 1761(c)--
                    (A) by striking ``and'' at the end of paragraph 
                (1);
                    (B) by inserting ``and'' at the end of paragraph 
                (3); and
                    (C) by striking the period at the end of paragraph 
                (2)(B) and inserting a semicolon;
            (12) in the table of sections at the beginning of chapter 
        11--
                    (A) in the item relating to section 203, by 
                inserting a comma after ``officers'' and by striking 
                the comma after ``others''; and
                    (B) in the item relating to section 204, by 
                inserting ``the'' before ``United States Court of 
                Appeals for the Federal Circuit'';
            (13) in the table of sections at the beginning of chapter 
        23, in the item relating to section 437, by striking the period 
        immediately following ``Indians'';
            (14) in the table of sections at the beginning of chapter 
        25, in the item relating to section 491, by striking the period 
        immediately following ``paper used as money'';
            (15) in section 207(a)(3), by striking ``Clarification of 
        Restrictions'' and inserting ``Clarification of restrictions'';
            (16) in section 176, by striking ``the government'' and 
        inserting ``the Government'';
            (17) in section 3059A(e)(2)(iii), by striking ``backpay'' 
        and inserting ``back pay''; and
            (18) by adding a period at the end of the item relating to 
        section 3059A in the table of sections at the beginning of 
        chapter 203.

SEC. 3111. PROBLEMS RELATED TO EXECUTION OF PRIOR AMENDMENTS.

    (a) Incorrect Reference and Punctuation Correction.--(1) Section 
2587(b) of the Crime Control Act of 1990 is repealed, effective on the 
date such section took effect.
    (2) Section 2587(b) of Public Law 101-647 is amended, effective the 
date such section took effect, by striking ``The chapter heading for'' 
and inserting ``The table of sections at the beginning of''.
    (3) The item relating to section 3059A in the table of sections at 
the beginning of chapter 203 of title 18, United States Code, is 
amended by adding a period at the end.
    (b) Lack of Punctuation in Stricken Language.--Section 46(b) of 
Public Law 99-646 is amended, effective on the date such section took 
effect, so that--
            (1) in paragraph (1), the matter proposed to be stricken 
        from the beginning of section 201(b) of title 18, United States 
        Code, reads ``(b) Whoever, directly''; and
            (2) in paragraph (2), a comma, rather than a semicolon, 
        appears after ``his lawful duty'' in the matter to be stricken 
        from paragraph (3) of section 201(b) of such title.
    (c) Biological Weapons.--(1) Section 3 of the Biological Weapons 
Anti-Terrorism Act of 1989 is amended, effective on the date such 
section took effect in subsection (b), by striking ``2516(c)'' and 
inserting ``2516(1)(c)''.
    (2) The item in the table of chapters for part I of title 18, 
United States Code, that relates to chapter 10 is amended by striking 
``Weapons'' and inserting ``weapons''.
    (d) Placement of New Section.--Section 404(a) of Public Law 101-630 
is amended, effective on the date such section took effect, by striking 
``adding at the end thereof'' each place it appears and inserting 
``inserting after section 1169''.
    (e) Elimination of Erroneous Characterization of Matter Inserted.--
Section 225(a) of Public Law 101-674 is amended, effective on the date 
such section took effect, by striking ``new rule''.
    (f) Clarification of Placement of Amendment.--Section 1205(c) of 
Public Law 101-647 is amended, effective the date such section took 
effect, by inserting ``at the end'' after ``adding''.
    (g) Elimination of Duplicate Amendment.--Section 1606 of Public Law 
101-647 (amending section 1114 of title 18, United States Code) is 
repealed effective the date of the enactment of such section.
    (h) Error in Amendment Phrasing.--Section 3502 of Public Law 101-
647 is amended, effective the date such section took effect, by 
striking ``10'' and inserting ``ten''.
    (i) Clarification That Amendments Were to Title 18.--Sections 3524, 
3525, and 3528 of Public Law 101-647 are each amended, effective the 
date such sections took effect, by inserting ``of title 18, United 
States Code'' before ``is amended''.
    (j) Correction of Paragraph Reference.--Section 3527 of Public Law 
101-647 is amended, effective the date such section took effect, by 
striking ``4th'' and inserting ``5th''.
    (k) Repeal of Obsolete Technical Correction to Section 1345.--
Section 3542 of Public Law 101-647 is repealed, effective the date of 
enactment of such Public Law.
    (l) Repeal of Obsolete Technical Correction to Section 1956.--
Section 3557(2)(E) of Public Law 101-647 is repealed, effective the 
date of enactment of such Public Law.
    (m) Clarification of Placement of Amendments.--Public Law 101-647 
is amended, effective the date of the enactment of such Public Law--
            (1) in section 3564(1), by inserting ``each place it 
        appears'' after the quotation mark following ``2251'' the first 
        place it appears; and
            (2) in section 3565(3)(A), by inserting ``each place it 
        appears'' after the quotation mark following ``subchapter''.
    (n) Correction of Word Quoted in Amendment.--Section 3586(1) of 
Public Law 101-647 is amended, effective the date such section took 
effect, by striking ``fines'' and inserting ``fine''.
    (o) Elimination of Obsolete Technical Amendment to Section 4013.--
Section 3599 of Public Law 101-647 is repealed, effective the date of 
the enactment of such Public Law.
    (p) Correction of Directory Language.--Section 3550 of Public Law 
101-647 is amended, effective the date such section took effect, by 
striking ``not more than''.
    (q) Repeal of Duplicate Provisions.--(1) Section 3568 of Public Law 
101-647 is repealed, effective the date such section took effect.
    (2) Section 1213 of Public Law 101-647 is repealed, effective the 
date such section took effect.
    (r) Correction of Words Quoted in Amendment.--Section 2531(3) of 
Public Law 101-647 is amended, effective the date such section took 
effect, by striking ``1679(c)(2)'' and inserting ``1679a(c)(2)''.
    (s) Forfeiture.--(1) Section 1401 of Public Law 101-647 is amended, 
effective the date such section took effect--
            (A) by inserting a comma after ``, 5316''; and
            (B) by inserting ``the first place it appears'' after the 
        quotation mark following ``5313(a)''.
    (2) Section 2525(a)(2) of Public Law 101-647 is amended, effective 
the date such section took effect, by striking ``108(3)'' and inserting 
``2508(3)''.

SEC. 3112. AMENDMENT TO SECTION 1956 OF TITLE 18 TO ELIMINATE DUPLICATE 
              PREDICATE CRIMES.

    Section 1956 of title 18, United States Code, is amended in 
subsection (c)(7)(E), by striking the period that follows a period.

SEC. 3113. AMENDMENTS TO PART V OF TITLE 18.

    Part V of title 18, United States Code, is amended--
            (1) by inserting after the heading for such part the 
        following:

                  ``CHAPTER 601--IMMUNITY OF WITNESSES'';

            (2) in section 6001(1)--
                    (A) by striking ``Atomic Energy Commission'' and 
                inserting ``Nuclear Regulatory Commission''; and
                    (B) by striking ``the Subversive Activities Control 
                Board,''
            (3) by striking ``part'' the first place it appears and 
        inserting ``chapter''; and
            (4) by striking ``part'' each other place it appears and 
        inserting ``title''.

SEC. 3114. UPDATE OF CROSS REFERENCE.

    Section 408(n)(11) of the Controlled Substances Act is amended by 
striking ``section 405'' and inserting ``section 418''.

SEC. 3115. CORRECTION OF ERROR IN AMENDATORY LANGUAGE.

    Section 1904 of Public Law 101-647 is amended, effective the date 
such section took effect, by striking ``by inserting a new subsection 
(e) as follows'' and inserting ``so that subsection (e) reads as 
follows''.

SEC. 3116. CORRECTION OF MISLEADING AND OUTMODED FINE AMOUNTS SPECIFIED 
              IN OFFENSES IN TITLE 18.

    Title 18, United States Code, is amended--
            (1)(A) in sections 1693, 1694, 1695, and 1696, by striking 
        ``not more than $50'' and inserting ``under this title'';
            (B) in sections 333, 489, 754, 1303, 1699, 1701, 1703, 
        1710, 1723, 1726, 1730, and 2390, by striking ``not more than 
        $100'' and inserting ``under this title'';
            (C) in sections 1697 and 1698, by striking ``not more than 
        $150'' and inserting ``under this title'';
            (D) in sections 1165 and 2279, by striking ``not more than 
        $200'' and inserting ``under this title'';
            (E) in sections 701, 702, 703, 704, 705, 706, 707, 708, 
        710, 711, 711a, 713, 715, 1164, and 1858, by striking ``not 
        more than $250'' each place it appears and inserting ``under 
        this title'';
            (F) in sections 916, 1501, 1502, 1719, 1725, and 1861, by 
        striking ``not more than $300'' and inserting ``under this 
        title'';
            (G) in sections 4, 41, 42, 46, 47, 112, 154, 244, 288, 290, 
        336, 475, 501, 502, 755, 872, 875, 876, 877, 917, 1013, 1018, 
        1024, 1154, 1155, 1156, 1382, 1541, 1700, 1703, 1704, 1707, 
        1712, 1713, 1720, 1721, 1722, 1729, 1731, 1734, 1752, 1793, 
        1856, 1857, 1863, 1912, 1913, 1922, 2074, 2195, and 2511, by 
        striking ``not more than $500'' each place it appears and 
        inserting ``under this title'';
            (H) in sections 81, 210, 211, 215, 217, 242, 245, 291, 292, 
        439, 442, 480, 483, 484, 490, 491, 494, 495, 503, 507, 510, 
        594, 595, 596, 597, 598, 599, 604, 605, 641, 643, 645, 646, 
        647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 
        659, 661, 662, 665, 712, 751, 752, 756, 795, 796, 797, 836, 
        844, 871, 875, 876, 877, 879, 911, 912, 913, 924, 957, 959, 
        961, 1003, 1012, 1021, 1025, 1026, 1071, 1112, 1163, 1262, 
        1263, 1264, 1301, 1302, 1304, 1306, 1341, 1342, 1343, 1361, 
        1363, 1384, 1504, 1508, 1509, 1657, 1705, 1706, 1707, 1711, 
        1715, 1716, 1733, 1738, 1761, 1762, 2276, 2277, 2278, 2382, and 
        2389, by striking ``not more than $1,000'' each place it 
        appears and inserting ``under this title'';
            (I) in sections 331, 482, 486, 499, 755, 873, 958, 1016, 
        1154, 1156, 1381, 1542, 1543, 1544, 1545, 1586, 1621, 1622, 
        1702, 1708, 1709, 1920, 1921, 1923, 2071, 2193, 2233, 2386, and 
        2424, by striking ``not more than $2,000'' each place it 
        appears and inserting ``under this title'';
            (J) in sections 431, 432, 479, 960, 1859, 1901, 1911, and 
        1959, by striking ``not more than $3,000'' and inserting 
        ``under this title'';
            (K) in sections 35, 81, 112, 152, 153, 155, 212, 213, 214, 
        285, 334, 351, 435, 436, 438, 471, 472, 473, 476, 477, 478, 
        481, 485, 487, 488, 497, 498, 505, 506, 508, 509, 541, 542, 
        543, 544, 546, 547, 548, 549, 550, 551, 552, 592, 593, 602, 
        603, 606, 607, 642, 655, 658, 659, 660, 661, 663, 751, 799, 
        844, 872, 874, 875, 876, 877, 878, 914, 915, 924, 953, 954, 
        956, 1004, 1010, 1011, 1015, 1017, 1025, 1028, 1071, 1073, 
        1074, 1163, 1169, 1231, 1265, 1363, 1421, 1422, 1423, 1424, 
        1425, 1426, 1427, 1428, 1429, 1461, 1462, 1463, 1465, 1503, 
        1505, 1506, 1507, 1510, 1581, 1582, 1583, 1584, 1585, 1588, 
        1658, 1659, 1717, 1732, 1735, 1737, 1751, 1906, 1907, 1908, 
        1909, 1915, 1991, 2072, 2073, 2113, 2217, 2152, 2197, 2231, 
        2244, 2314, 2316, 2317, 2344, and 2701, by striking ``not more 
        than $5,000'' each place it appears and inserting ``under this 
        title'';
            (L) in sections 33, 224, 231, 241, 245, 246, 286, 289, 332, 
        335, 337, 351, 371, 437, 440, 441, 493, 496, 500, 510, 545, 
        595, 599, 600, 601, 641, 664, 665, 667, 757, 792, 793, 798, 
        844, 892, 893, 894, 924, 952, 955, 962, 963, 964, 965, 966, 
        967, 970, 1001, 1002, 1003, 1019, 1020, 1022, 1023, 1027, 1082, 
        1084, 1115, 1202, 1361, 1362, 1364, 1365, 1385, 1461, 1462, 
        1464, 1587, 1623, 1654, 1656, 1735, 1737, 1751, 1902, 1903, 
        1904, 1910, 1951, 1952, 1953, 1954, 1958, 1992, 2101, 2113, 
        2153, 2154, 2155, 2156, 2231, 2232, 2271, 2274, 2275, 2314, 
        2315, 2383, 2386, 2387, 2388, and 2512, by striking ``not more 
        than $10,000'' each place it appears and inserting ``under this 
        title'';
            (M) in section 1028, by striking ``not more than $15,000'' 
        and inserting ``under this title'';
            (N) in sections 844, 878, 1728, 1955, 1958, 2321, 2384, and 
        2385, by striking ``not more than $20,000'' each place it 
        appears and inserting ``under this title'';
            (O) in sections 32, 114, 753, 1028, 1365, 1512, 1792, and 
        2118, by striking ``not more than $25,000'' each place it 
        appears and inserting ``under this title''.
            (P) in section 2118, by striking ``not more than $35,000'' 
        and inserting ``under this title'';
            (Q) in sections 1365, 1958, and 2118, by striking ``not 
        more than $50,000'' and inserting ``under this title'';
            (R) in section 951, by striking ``not more than $75,000'' 
        and inserting ``under this title'';
            (S) in sections 32, 1167, 1365, 2251, and 2344, by striking 
        ``not more than $100,000'' each place it appears and inserting 
        ``under this title'';
            (T) in section 2251, by striking ``not more than $200,000'' 
        and inserting ``under this title''; and
            (U) in sections 1158, 1167, 1512, 1513, 2251, 2318, 2320, 
        and 2701, by striking ``not more than $250,000'' and inserting 
        ``under this title'';
            (2)(A) in sections 3 and 373, by inserting 
        ``(notwithstanding section 3571 of this title)'' before ``fined 
        not more than one-half'';
            (B) in section 113, by striking ``fine of not more than'' 
        through the immediately following dollar amount each place it 
        appears and inserting ``a fine under this title'';
            (C) in sections 115, 513, 709, 831, 1366, 1511, and 1959, 
        by striking ``of not more than'' through the immediately 
        following dollar amount each place it appears and inserting 
        ``under this title'';
            (D) in section 201, by inserting ``under this title or'' 
        after ``be fined''; and by inserting ``whichever is greater,'' 
        before ``or imprisoned'';
            (E) in section 402, by striking ``fine'' the first place it 
        appears and inserting ``a fine under this title''
            (F) in section 443, by striking ``shall, if a corporation, 
        be fined not more than $50,000, and, if a natural person, be 
        fined not more than $10,000'' and inserting ``shall be fined 
        under this title'';
            (G) in sections 643, 644, 645, 647, 648, 649, 650, 651, 
        652, 653, and 1711, by inserting ``under this title or'' after 
        ``be fined'' the first place it appears; and by inserting ``, 
        whichever, is greater,'' before ``or imprisoned the first place 
        it appears;
            (H) in sections 646 and 654, by inserting ``under this 
        title or'' after ``be fined'' the first place it appears; and 
        by inserting ``whichever is greater,'' before ``or imprisoned'' 
        the first place it appears;
            (I) in section 1029, by striking ``of not more than'' 
        through the immediately following dollar amount each place it 
        appears and inserting ``under this title''; and by inserting 
        ``, whichever is greater,'' before ``or imprisonment'' each 
        place it appears;
            (J) in section 2381, by inserting ``under this title but'' 
        before ``not less than $10,000''; and
            (K) in section 3146(b)(1)(A)(iv), by striking ``fine under 
        this chapter'' and inserting ``find under this title''.

SEC. 3117. REPEAL OF DUPLICATE AMENDMENT.

    (a) In General.--Subsection (a) of section 1535 of the Annunzio-
Wylie Anti-Money Laundering Act is amended to read as follows:
    ``(a) Title 31.--Section 5321(a)(5)(A) of title 31, United States 
Code, is amended by inserting `or any person willfully causing' after 
`willfully violates'.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect as if such amendment had been included in the Annunzio-
Wylie Anti-Money Laundering Act as of the date of the enactment of such 
Act.

SEC. 3118. REPEAL OF SUPERFLUOUS STATUTE OF LIMITATION AND TRANSFER OF 
              CHILD ABUSE STATUTE OF LIMITATION.

    (a) In General.--Section 3283 of title 18, United States Code, is 
amended to read as follows:
``Sec. 3283. Child abuse offenses
    ``No statute of limitations that would otherwise preclude 
prosecution for an offense involving the sexual or physical abuse of a 
child under the age of 18 years shall preclude such prosecution before 
the child reaches the age of 25 years.''.
    (b) Conforming Repeal.--Section 3509(k) of title 18, United States 
Code, is amended by striking the subsection heading and the first 
sentence and inserting in lieu thereof ``Stay of Civil Action.--''.
    (c) Clerical Amendment.--The item in the table of sections at the 
beginning of chapter 213 of title 18, United States Code, that relates 
to section 3283 is amended to read as follows:

``3283. Child abuse offenses.''.

SEC. 3119. CLERICAL ERRORS IN SECTION 1956.

    (a) Clerical Corrections.--Section 1956 of title 18, United States 
Code, is amended--
            (1) in subsection (c)(7)(B)--
                    (A) by striking ``importation, sale, or 
                distribution of a controlled substance (as such term is 
                defined for the purposes of the Controlled Substances 
                Act)''; and
                    (B) by inserting ``, importation, sale, or 
                distribution of a controlled substance (as such term is 
                defined for the purposes of the Controlled Substances 
                Act);'' after ``manufacture'' in clause (i);
            (2) in subsection (c)(7)(B)(iii), inserting a close 
        parenthesis after ``1978'';
            (3) by redesignating the second subsection (g) as 
        subsection (h); and
            (4) in subsection (a)(2), by inserting ``not more than'' 
        before ``$500,000''.
    (b) Cross Reference Correction.--Section 1956(c)(7)(D) of title 18, 
United States Code is amended by striking ``section 9(c) of the Food 
Stamp Act of 1977'' and inserting ``section 15 of the Food Stamp Act of 
1977''; and

SEC. 3120. CLERICAL ERROR.

    Section 1957(f)(1) of title 18, United States Code, is amended by 
striking the comma which follows a comma.

SEC. 3121. CONFORMING SPELLING OF VARIANTS OF ``KIDNAP''.

    Title 18, United States Code, is amended--
            (1) by striking ``kidnaping'' each place it appears and 
        inserting ``kidnapping''; and
            (2) by striking ``kidnaped'' each place it appears and 
        inserting ``kidnapped''.

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