I

103D CONGRESS

2D SESSION H. R. 2872

To prevent and punish crime, to strengthen the rights of crime victims,

to assist State and local efforts against crime, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 4, 1993

Mr. MCCOLLUM (for himself, Mr. MICHEL, Mr. GINGRICH, Mr. ARMEY, Mr.

HYDE, Mr. HUNTER, Mr. DELAY, Mr. FISH, Mr. CANADY, Mr. GEKAS,

Ms. PRYCE of Ohio, Mr. RAMSTAD, Mr. ROGERS, Mr. SHAW, Mr. SMITH

of Texas, Mr. BAKER of California, Mr. BLILEY, Mr. BUNNING, Mr.

BUYER, Mr. CAMP, Mr. CASTLE, Mr. COBLE, Mr. COX, Mr. DOOLITTLE,

Mr. EWING, Mrs. FOWLER, Mr. GOSS, Mr. GRAMS, Mr. GREENWOOD,

Mr. HORN, Mr. KIM, Mr. KOLBE, Mr. KYL, Mr. LEWIS of Florida, Mr.

LINDER, Mr. MCDADE, Mr. MCKEON, Mr. MICA, Ms. MOLINARI, Mr.

MOORHEAD, Mr. OXLEY, Mr. SOLOMON, Mr. SMITH of Michigan, Mr.

TORKILDSEN, Mrs. VUCANOVICH, Mr. WALKER, Mr. WELDON, Mr.

ZELIFF, Mr. ZIMMER, Mr. LAZIO, Mr. MCHUGH, Mr. BALLENGER, and

Mr. GALLEGLY) introduced the following bill; which was referred to the

Committee on the Judiciary

MARCH 22, 1994

Additional sponsors: Mr. CRANE, Mr. DORNAN, Mr. SCHIFF, Mr. FIELDS of

Texas, Mr. MACHTLEY, Mr. WALSH, Mr. DICKEY, Mr. TALENT, Mr.

ROTH, Mr. ARCHER, Mr. QUINN, Mr. TAYLOR of North Carolina, Mr.

HOBSON, Mr. POMBO, Mr. BARTLETT of Maryland, Mr. SANTORUM, Mr.

EMERSON, Mr. MILLER of Florida, Mr. LEVY, Mr. BEREUTER, Mr.

ROHRABACHER, Mr. PAXON, Mr. HOUGHTON, Mr. BOEHNER, Mr. THOMAS of Wyoming, Mr. BACHUS of Alabama, Mr. SAXTON, Mr. DREIER, Mr.

BATEMAN, Mr. PORTMAN, Ms. DUNN, Mr. HERGER, Mr. PACKARD, Mr.

COLLINS of Georgia, Mr. INHOFE, Mr. KASICH, Mr. SCHAEFER, Mr.

GOODLATTE, Mr. LEWIS of California, Mr. PETRI, Mr. EVERETT, Mr.

ROYCE, and Mr. FAWELL

Deleted sponsor: Mr. PORTER (added September 30, 1993; deleted October 7,

1993)
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A BILL

To prevent and punish crime, to strengthen the rights of

crime victims, to assist State and local efforts against

crime, and for other purposes.

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

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

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

5 ‘‘Crime Control Act of 1993’’.

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

7 this Act is as follows:

Sec. 1. Short title and table of contents.

TITLE I—PROTECTION OF NEIGHBORHOODS, FAMILIES, AND

CHILDREN

Subtitle A—Safe Schools

Sec. 101. Increased penalties for drug trafficking near schools.

Sec. 102. Federal safe school districts.

Sec. 103. Enhanced penalty for violation of the Gun-Free School Zones Act.

Subtitle B—Secure Neighborhoods

Sec. 111. Enhanced local law enforcement.

Sec. 112. Authorization of appropriations.

Sec. 113. Community policing grants.

Sec. 114. Criminal street gangs offenses.

Sec. 115. Drive-by shootings.

Sec. 116. Addition of anti-gang Byrne grant funding objective.

Sec. 117. Increased penalties for drug trafficking near public housing.

Subtitle C—Crimes Against Children

Sec. 131. Death penalty for murder during the sexual exploitation of children.

Sec. 132. Increased penalties for sex offenses against victims below the age of

16.

Sec. 133. Penalties for international trafficking in child pornography.

Sec. 134. State legislation regarding child pornography.

Sec. 135. National registration of convicted child abusers.

Sec. 136. Increased penalties for assaults against children.

Sec. 137. Offense of inducing minors or other persons to use steroids.

Sec. 138. Increased penalties for drug distribution to pregnant women.

Sec. 139. Interstate enforcement of child support orders.
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Sec. 140. Crimes involving the use of minors as RICO predicates.

Sec. 141. Increased penalties for using minors in drug trafficking and drug distribution to minors.

Sec. 142. Increased penalties for using a minor in commission of a Federal

offense.

Sec. 143. International parental kidnapping.

Sec. 144. State court programs regarding international parental child abduction.

Subtitle D—Punishment of Serious Juvenile Offenders

Sec. 151. Serious juvenile drug offenses as armed career criminal act predicates.

Sec. 152. Adult prosecution of serious juvenile offenders.

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

TITLE II—EQUAL PROTECTION FOR VICTIMS

Subtitle A—Victims’ Rights

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

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

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

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

benefits.

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

Subtitle B—Admissibility of Evidence

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

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

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

in sex offense cases.

Sec. 214. Admissibility of certain evidence.

Subtitle C—Protecting the Integrity of the Judicial Process

Sec. 221. General safeguards against racial prejudice or bias in the tribunal.

Sec. 222. Protection of jurors and witnesses in capital cases.

Sec. 223. Protection of court officers and jurors.

Sec. 224. Death penalty for murder of Federal witnesses.

TITLE III—PROTECTION OF WOMEN

Subtitle A—Spouse Abuse and Stalking

Sec. 301. Interstate travel to commit spouse abuse or to violate protective

order; interstate stalking.

Sec. 302. Full faith and credit for protective orders.

Subtitle B—Victims of Sexual Violence

Sec. 311. Civil remedy for victims of sexual violence.

Sec. 312. Extension and strengthening of restitution.

Sec. 313. Pre-trial detention in sex offense cases.

Subtitle C—Punishment of Sex Offenders
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Sec. 321. Death penalty for rape and child molestation murders.

Sec. 322. Increased penalties for recidivist sex offenders.

Sec. 323. Sentencing guidelines increase for sex offenses.

Sec. 324. HIV testing and penalty enhancement in sexual offense cases.

TITLE IV—PREVENTION OF TERRORISM

Subtitle A—Enhanced Controls on Entry into the United States

Sec. 401. Exclusion based on membership in terrorist organization advocacy of

terrorism.

Sec. 402. Admissions fraud.

Sec. 403. Inspection and exclusion by immigration officers.

Sec. 404. Judicial review.

Sec. 405. Conforming amendments.

Sec. 406. Effective date.

Subtitle B—Deportation of Alien Terrorists

Sec. 411. Removal of alien terrorists.

Subtitle C—Penalties for Engaging in Terrorism

Sec. 421. Providing material support to terrorism.

Sec. 422. Sentencing guidelines increase for terrorist crimes.

Sec. 423. Extension of the statute of limitations for certain terrorism offenses.

Sec. 424. Enhanced penalties for certain offenses.

Sec. 425. Implementation of the 1988 Protocol for the Suppression of Unlawful

Acts of Violence at Airports Serving International Civil Aviation.

Sec. 426. Amendment to Federal Aviation Act.

Sec. 427. Offenses of violence against maritime navigation or fixed platforms.

Sec. 428. Weapons of mass destruction.

Sec. 429. National task force on counterterrorism.

Sec. 430. Death penalty for death caused by the use of a bomb or other destructive device.

TITLE V—CRIMINAL ALIENS AND ALIEN SMUGGLING

Subtitle A—Deportation of Criminal Aliens

Sec. 501. Expediting criminal alien deportation and exclusion.

Sec. 502. Authorizing registration of aliens on criminal probation or criminal

parole.

Sec. 503. Expansion in definition of ‘‘aggravated felony’’.

Sec. 504. Deportation procedures for certain criminal aliens who are not permanent residents.

Sec. 505. Judicial deportation.

Sec. 506. Restricting defenses to deportation for certain criminal aliens.

Sec. 507. Enhancing penalties for failing to depart, or reentering, after final

order of deportation.

Sec. 508. Miscellaneous and technical changes.

Sec. 509. Authorization of appropriations for criminal alien information system.

Subtitle B—Prevention and Punishment of Alien Smuggling

Sec. 511. Border patrol agents.

Sec. 512. Border patrol investigators.
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Sec. 513. Including alien smuggling as a racketeering activity for purposes of

racketeering influenced and corrupt organizations (RICO) enforcement authority.

Sec. 514. Enhanced penalties for employers who knowingly employ smuggled

aliens.

Sec. 515. Enhanced penalties for certain alien smuggling.

Sec. 516. Expanded forfeiture for smuggling or harboring illegal aliens.

TITLE VI—TAKING CRIMINALS OFF THE STREET

Subtitle A—Expanding Prison Capacity

Sec. 601. Use of private activity bonds.

Sec. 602. Federal-State partnerships for regional prisons.

Sec. 603. Non-applicability of Davis-Bacon to prison construction.

Subtitle B—Miscellaneous

Sec. 611. Restricted Federal court jurisdiction in imposing remedies on State

and Federal prison systems.

TITLE VII—PUNISHMENT AND DETERRENCE

Subtitle A—Capital Offenses

Sec. 701. Procedures for enforcing death penalty.

Sec. 702. Equal Justice Act.

Sec. 703. Prohibition of racially discriminatory policies concerning capital punishment or other penalties.

Sec. 704. Federal capital cases.

Sec. 705. Extension of protection of civil rights statutes.

Sec. 706. Federal death penalties.

Sec. 707. Conforming and technical amendments.

Subtitle B—Violent Felonies and Drug Offenses

Sec. 711. Drug testing of Federal offenders on post-conviction release.

Sec. 712. Life imprisonment or death penalty for third Federal violent felony

conviction.

Sec. 713. Strengthening the Armed Career Criminals Act.

Sec. 714. Enhanced penalty for use of semiautomatic firearm during a crime

of violence or drug trafficking offense.

Sec. 715. Mandatory penalties for firearms possession by violent felons and

serious drug offenders.

Sec. 716. Mandatory minimum sentence for unlawful possession of a firearm by

convicted felon, fugitive from justice, or transferor or receiver

of stolen firearm.

Sec. 717. Increase in general penalty for violation of Federal firearms laws.

Sec. 718. Increase in enhanced penalties for possession of firearm in connection

with crime of violence or drug trafficking crime.

Sec. 719. Smuggling firearms in aid of drug trafficking or violent crime.

Sec. 720. Definition of conviction under chapter 44.

Sec. 721. Definition of serious drug offense under the Armed Career Criminal

Act.

Sec. 722. Definition of burglary under the Armed Career Criminal Act.

Sec. 723. Temporary prohibition against possession of a firearm by, or transfer

of a firearm to, persons convicted of a drug crime.
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Subtitle C—Enhanced Penalties for Criminal Use of Firearms and Explosives

Chapter 1—Instant Check System for Handgun Purchases

Sec. 731. Definitions.

Sec. 732. State instant criminal check systems for handgun purchases.

Sec. 733. Amendment of chapter 44 of title 18, United States Code.

Sec. 734. Establishment and operation of criminal history system.

Sec. 735. Operation of system for purpose of screening handgun purchasers.

Sec. 736. Improvement of criminal justice records.

Sec. 737. Access to State criminal records.

Sec. 738. Improvements in State records.

Sec. 739. Funding of State criminal records systems and dedication of funds.

Sec. 740. Authorization of appropriations.

Chapter 2—Other Firearms Provisions

Sec. 741. Increased penalty for interstate gun trafficking.

Sec. 742. Prohibition against transactions involving stolen firearms which have

moved in interstate or foreign commerce.

Sec. 743. Enhanced penalties for use of firearms in connection with counterfeiting or forgery.

Sec. 744. Increased penalty for knowingly false, material Statement in firearm

purchase from licensed dealer.

Sec. 745. Revocation of supervised release for possession of a firearm in violation of release condition.

Sec. 746. Receipt of firearms by nonresident.

Sec. 747. Disposition of forfeited firearms.

Sec. 748. Conspiracy to violate Federal firearms or explosives laws.

Sec. 749. Theft of firearms or explosives from licensee.

Sec. 750. Penalties for theft of firearms or explosives.

Sec. 751. Prohibition against disposing of explosives to prohibited persons.

Sec. 752. Prohibition against theft of firearms or explosives.

Sec. 753. Increased penalty for second offense of using an explosive to commit

a felony.

Sec. 754. Possession of explosives by felons and others.

Sec. 755. Possession of explosives during the commission of a felony.

Sec. 756. Summary destruction of explosives subject to forfeiture.

Sec. 757. Elimination of outmoded parole language.

Subtitle D—Miscellaneous

Sec. 761. Increased penalties for travel act crimes involving violence and conspiracy to commit contract killings.

Sec. 762. Criminal offense for failing to obey an order to land a private aircraft.

Sec. 763. Amendment to the Mansfield amendment to permit maritime law enforcement operations in archipelagic waters.

Sec. 764. Enhancement of penalties for drug trafficking in prisons.

Sec. 765. Removal of tv broadcast license contingent on broadcast of public

service announcements regarding drug abuse.

TITLE VIII—ELIMINATION OF DELAYS IN CARRYING OUT

SENTENCES.

Subtitle A—Post Conviction Petitions: General Habeas Corpus Reform.
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Sec. 801. Period of limitation for filing writ of habeas corpus following final

judgment of a State court.

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

for appeal in habeas corpus and Federal collateral relief proceedings.

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

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

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

Subtitle B—Special Procedures for Collateral Proceedings in Capital Cases.

Sec. 811. Death penalty litigation procedures.

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

Capital Cases.

Sec. 821. Funding for death penalty prosecutions.

TITLE IX—PUBLIC CORRUPTION

Sec. 901. Offenses.

Sec. 902. Interstate commerce.

Sec. 903. Narcotics-related public corruption.

TITLE X—FUNDING

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

Sec. 1002. Overhead expense reduction.

1 TITLE I—PROTECTION OF

2 NEIGHBORHOODS, FAMILIES,

3 AND CHILDREN

4 Subtitle A—Safe Schools

5 SEC. 101. INCREASED PENALTIES FOR DRUG TRAFFICKING

6 NEAR SCHOOLS.

7 Section 419 of the Controlled Substances Act (21

8 U.S.C. 860) is amended—

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

10 inserting ‘‘3 years’’; and

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

12 each place it appears and inserting ‘‘5 years’’.
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1 SEC. 102. FEDERAL SAFE SCHOOL DISTRICTS.

2 (a) ELECTION TO QUALIFY.—

3 (1) IN GENERAL.—By decision of a local edu4 cational agency or by referendum of the voters in a

5 school district served by a local educational agency,

6 a school district may elect to qualify as a Federal

7 safe school district under this section.

8 (2) DEFINITION.—For purposes of this section,

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

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

11 Elementary and Secondary Education Act of 1965.

12 (b) FUNDING FOR ENHANCED SCHOOL SECURITY.—

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

14 make a grant to a local educational agency serving

15 a Federal safe school district or to a local law en16 forcement agency with jurisdiction over the school

17 district, as appropriate, to pay for enhanced school

18 security measures.

19 (2) ENHANCED SCHOOL SECURITY MEAS20 URES.—The measures that may be funded by a

21 grant under paragraph (1) include—

22 (A) equipping schools with metal detectors,

23 fences, closed circuit cameras, and other phys24 ical security measures;
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1 (B) providing increased police patrols in

2 and around schools, including police hired pur3 suant to this title;

4 (C) mailings to parents at the beginning of

5 the school year stating that the possession of a

6 gun or other weapon in school will not be toler7 ated by school authorities;

8 (D) signs on each school indicating that

9 the school is part of a Federal Safe School Dis10 trict; and

11 (E) gun hotlines.

12 SEC. 103. ENHANCED PENALTY FOR VIOLATION OF THE

13 GUN-FREE SCHOOL ZONES ACT.

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

15 United States Code, is amended—

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

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

18 5 years and not more than 10 years’’; and

19 (2) by striking the 3rd sentence.

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

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

22 ‘‘(r)’’.
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1 Subtitle B—Secure Neighborhoods

2 SEC. 111. ENHANCED LOCAL LAW ENFORCEMENT.

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

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

5 et seq.) is amended—

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

7 (2) by redesignating section 1701 as section

8 1801; and

9 (3) by inserting after part P the following:

10 ‘‘PART Q—COPS ON THE STREET GRANTS

11 ‘‘SEC. 1701. GRANT AUTHORIZATION.

12 ‘‘The Director of the Bureau of Justice Assistance

13 may make not less than 50, but not more than 100 grants

14 to units of local government for the purposes of increasing

15 police presence in the community.

16 ‘‘SEC. 1702. APPLICATION.

17 ‘‘(a) IN GENERAL.—To be eligible to receive a grant

18 under this part, a chief executive of a unit of local govern19 ment, shall submit an application to the Director. The ap20 plication shall contain the information required under sub21 section (b) and be in such form and contain such other

22 information as the Director may reasonably require.

23 ‘‘(b) GENERAL CONTENTS.—Each application under

24 subsection (a) shall include a crime reduction plan which

25 includes—
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1 ‘‘(1) a request for funds available under this

2 part for the purposes described in section 1701;

3 ‘‘(2) a description of the areas and populations

4 to be served by the grant and a description of the

5 crime problems within the areas targeted for assist6 ance;

7 ‘‘(3) information required to be considered by

8 the Director under section 1704;

9 ‘‘(4) assurances that Federal funds received

10 under this part shall be used to supplement, not

11 supplant, non-Federal funds that would otherwise be

12 available for activities funded under this part;

13 ‘‘(5) detailed accounts of expenditures for law

14 enforcement for the preceding 5-year period prior to

15 receiving a grant under this part;

16 ‘‘(6) detailed accounts of local expenditures for

17 law enforcement during any prior years in which

18 grants were received under this part;

19 ‘‘(7) a description of how a portion of the grant

20 would be used to ensure the safety of public and pri21 vate elementary and secondary schools; and

22 ‘‘(8) an evaluation component, including per23 formance standards and quantifiable goals to be

24 used to determine project progress and the data to
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1 be collected to measure progress toward meeting the

2 plan’s goals.

3 ‘‘SEC. 1703. ADMINISTRATIVE COSTS; GRANT RENEWAL.

4 ‘‘(a) ADMINISTRATIVE COST LIMITATION.—The Di5 rector shall use not more than 5 percent of the funds avail6 able under this part for the purposes of administration,

7 technical assistance, and evaluation.

8 ‘‘(b) RENEWAL OF GRANTS.—A grant under this

9 part may be renewed, subject to the availability of funds,

10 if the Director determines that the funds made available

11 to the recipient during the previous year were used in a

12 manner required under the approved application and the

13 requirements of this part.

14 ‘‘SEC. 1704. SELECTION OF RECIPIENTS.

15 ‘‘In awarding grants to units of local government

16 under this part, the Director shall consider—

17 ‘‘(1) the crime rate per capita in the unit of

18 local government for violent crime, including murder,

19 rape, robbery, assault with a weapon, and kidnap20 ping; and

21 ‘‘(2) the rate of increase of violent crime in

22 such unit of local government over the most recent

23 3-year period for which statistics are available.
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1 ‘‘SEC. 1705. REPORTS.

2 ‘‘(a) REPORT TO DIRECTOR.—Recipients who receive

3 funds under this part shall submit to the Director not

4 later than March 1 of each year a report that describes

5 progress achieved in carrying out the plan required under

6 section 1702(b).

7 ‘‘(b) REPORT TO CONGRESS.—The Director shall

8 submit to the Congress a report by October 1 of each year

9 that shall contain a detailed statement regarding grant

10 awards, activities of grant recipients, and an evaluation

11 of projects established under this part.

12 ‘‘SEC. 1706. DEFINITION.

13 ‘‘For the purposes of this part, the term ‘Director’

14 means the Director of the Bureau of Justice Assistance.’’

15 (b) CONFORMING AMENDMENT.—The table of con16 tents of title I of the Omnibus Crime Control and Safe

17 Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended

18 by striking the matter relating to part Q and inserting

19 the following:

‘‘PART Q—COMMUNITY POLICING; COP ON THE BEAT GRANTS

‘‘Sec. 1701. Grant authorization.

‘‘Sec. 1702. Application.

‘‘Sec. 1703. Allocation of funds; limitation on grants.

‘‘Sec. 1704. Award of grants.

‘‘Sec. 1705. Reports.

‘‘Sec. 1706. Definitions.

‘‘PART R—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 1801. Continuation of rules, authorities, and proceedings.’’.
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1 SEC. 112. AUTHORIZATION OF APPROPRIATIONS.

2 Section 1001(a) of title I of the Omnibus Crime Con3 trol and Safe Streets Act of 1968 (42 U.S.C. 3793) is

4 amended by adding at the end the following:

5 ‘‘(12) There are authorized to be appropriated

6 $330,000,000 for each of the fiscal years 1994 through

7 1998 to carry out the projects under part Q.’’.

8 SEC. 113. COMMUNITY POLICING GRANTS.

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

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

11 et seq.), as amended by section 112(a), is amended—

12 (1) by redesignating part R as part S;

13 (2) by redesignating section 1801 as section

14 1901; and

15 (3) by inserting after part Q the following new

16 part:

17 ‘‘PART R—COMMUNITY POLICING GRANTS

18 ‘‘SEC. 1801. GRANT AUTHORIZATION.

19 ‘‘(a) GRANT PROJECTS.—The Director of the Bureau

20 of Justice Assistance may make grants to units of local

21 government and to community groups to establish or ex22 pand cooperative efforts between police and a community

23 for the purposes of increasing police presence in the

24 community, including—

25 ‘‘(1) developing innovative neighborhood-ori26 ented policing programs;
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1 ‘‘(2) providing new technologies to reduce the

2 amount of time officers spend processing cases in3 stead of patrolling the community;

4 ‘‘(3) purchasing equipment to improve commu5 nications between officers and the community and to

6 improve the collection, analysis, and use of informa7 tion about crime-related community problems;

8 ‘‘(4) developing policies that reorient police em9 phasis from reacting to crime to preventing crime;

10 ‘‘(5) creating decentralized police substations

11 throughout the community to encourage interaction

12 and cooperation between the public and law enforce13 ment personnel on a local level;

14 ‘‘(6) providing training and problem solving for

15 community crime problems;

16 ‘‘(7) providing training in cultural differences

17 for law enforcement officials;

18 ‘‘(8) developing community-based crime preven19 tion programs, such as safety programs for senior

20 citizens, community anticrime groups, and other

21 anticrime awareness programs;

22 ‘‘(9) developing crime prevention programs in

23 communities that have experienced a recent increase

24 in gang-related violence; and
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1 ‘‘(10) developing projects following the model

2 under subsection (b).

3 ‘‘(b) MODEL PROJECT.—The Director shall develop

4 a written model that informs community members regard5 ing—

6 ‘‘(1) how to identify the existence of a drug or

7 gang house;

8 ‘‘(2) what civil remedies, such as public nui9 sance violations and civil suits in small claims court,

10 are available; and

11 ‘‘(3) what mediation techniques are available

12 between community members and individuals who

13 have established a drug or gang house in the com14 munity.

15 ‘‘SEC. 1802. APPLICATION.

16 ‘‘(a) IN GENERAL.—(1) To be eligible to receive a

17 grant under this part, a chief executive of a unit of local

18 government, a duly authorized representative of a com19 bination of local governments within a geographic region,

20 or a community group shall submit an application to the

21 Director in such form and containing such information as

22 the Director may reasonably require.

23 ‘‘(2) In an application under paragraph (1), a single

24 office, or agency (public, private, or nonprofit) shall be

25 designated as responsible for the coordination, implemen-
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1 tation, administration, accounting, and evaluation of serv2 ices described in the application.

3 ‘‘(b) GENERAL CONTENTS.—Each application under

4 subsection (a) shall include—

5 ‘‘(1) a request for funds available under this

6 part for the purposes described in section 1801;

7 ‘‘(2) a description of the areas and populations

8 to be served by the grant; and

9 ‘‘(3) assurances that Federal funds received

10 under this part shall be used to supplement, not

11 supplant, non-Federal funds that would otherwise be

12 available for activities funded under this part.

13 ‘‘(c) COMPREHENSIVE PLAN.—Each application shall

14 include a comprehensive plan that contains—

15 ‘‘(1) a description of the crime problems within

16 the areas targeted for assistance;

17 ‘‘(2) a description of the projects to be devel18 oped;

19 ‘‘(3) a description of the resources available in

20 the community to implement the plan together with

21 a description of the gaps in the plan that cannot be

22 filled with existing resources;

23 ‘‘(4) an explanation of how the requested grant

24 shall be used to fill those gaps;
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1 ‘‘(5) a description of the system the applicant

2 shall establish to prevent and reduce crime problems;

3 and

4 ‘‘(6) an evaluation component, including per5 formance standards and quantifiable goals the appli6 cant shall use to determine project progress, and the

7 data the applicant shall collect to measure progress

8 toward meeting project goals.

9 ‘‘SEC. 1803. ALLOCATION OF FUNDS; LIMITATIONS ON

10 GRANTS.

11 ‘‘(a) ALLOCATION.—The Director shall allocate not

12 less than 75 percent of the funds available under this part

13 to units of local government or combinations of such units

14 and not more than 20 percent of the funds available under

15 this part to community groups.

16 ‘‘(b) ADMINISTRATIVE COST LIMITATION.—The Di17 rector shall use not more than 5 percent of the funds avail18 able under this part for the purposes of administration,

19 technical assistance, and evaluation.

20 ‘‘(c) RENEWAL OF GRANTS.—A grant under this part

21 may be renewed, subject to the availability of funds, if the

22 Director determines that the funds made available to the

23 recipient during the previous year were used in a manner

24 required under the approved application and if the recipi-
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1 ent can demonstrate significant progress toward achieving

2 the goals of the plan required under section 1802(c).

3 ‘‘(d) FEDERAL SHARE.—The Federal share of a

4 grant made under this part may not exceed 75 percent

5 of the total costs of the projects described in the applica6 tion submitted under section 1802 for the fiscal year for

7 which the projects receive assistance under this part.

8 ‘‘SEC. 1804. AWARD OF GRANTS.

9 ‘‘(a) SELECTION OF RECIPIENTS.—The Director

10 shall consider the following factors in awarding grants to

11 units of local government or combinations of such units

12 under this part:

13 ‘‘(1) NEED AND ABILITY.—Demonstrated need

14 and evidence of the ability to provide the services de15 scribed in the plan required under section 1802(c).

16 ‘‘(2) COMMUNITY-WIDE RESPONSE.—Evidence

17 of the ability to coordinate community-wide response

18 to crime.

19 ‘‘(3) MAINTAIN PROGRAM.—The ability to

20 maintain a program to control and prevent crime

21 after funding under this part is no longer available.

22 ‘‘(b) GEOGRAPHIC DISTRIBUTION.—The Director

23 shall attempt to achieve, to the extent practicable, an equi24 table geographic distribution of grant awards.
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1 ‘‘SEC. 1805. REPORTS.

2 ‘‘(a) REPORT TO DIRECTOR.—Recipients who receive

3 funds under this part shall submit to the Director not

4 later than March 1 of each year a report that describes

5 progress achieved in carrying out the plan required under

6 section 1802(c).

7 ‘‘(b) REPORT TO CONGRESS.—The Director shall

8 submit to the Congress a report by October 1 of each year

9 containing—

10 ‘‘(1) a detailed statement regarding grant

11 awards and activities of grant recipients; and

12 ‘‘(2) an evaluation of projects established under

13 this part.

14 ‘‘SEC. 1806. DEFINITIONS.

15 ‘‘In this part—

16 ‘‘ ‘community group’ means a community-based

17 nonprofit organization that has a primary purpose of

18 crime prevention.

19 ‘‘ ‘Director’ means the Director of the Bureau

20 of Justice Assistance.’’.

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

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

23 Act of 1968 (42 U.S.C. 3711 et seq.), as amended by sec24 tion 112(b), is amended by striking the matter relating

25 to part R and inserting the following:

‘‘PART R—COMMUNITY POLICING GRANTS
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‘‘Sec. 1801. Grant authorization.

‘‘Sec. 1802. Application.

‘‘Sec. 1803. Allocation of funds; limitations on grants.

‘‘Sec. 1804. Award of grants.

‘‘Sec. 1805. Reports.

‘‘Sec. 1806. Definitions.

‘‘PART S—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 1901. Continuation of rules, authorities, and proceedings.’’.

1 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

2 1001(a) of title I of the Omnibus Crime Control and Safe

3 Streets Act of 1968 (42 U.S.C. 3793(a)), as amended by

4 section 112(c), is amended—

5 (1) in paragraph (3) by striking ‘‘and Q’’ and

6 inserting ‘‘Q and R’’; and

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

8 paragraph:

9 ‘‘(13) There are authorized to be appropriated

10 $70,000,000 for each of the fiscal years 1994 through

11 1998.’’.

12 SEC. 114. CRIMINAL STREET GANGS OFFENSES.

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

14 amended by inserting after chapter 93 the following:

15 ‘‘CHAPTER 94—PROHIBITED PARTICIPATION IN

16 CRIMINAL STREET GANGS AND GANG CRIME

‘‘Sec.

‘‘1930. Prohibited activity.

‘‘1931. Penalties.

‘‘1932. Investigative authority.

17 ‘‘§ 1930. Prohibited activity

18 ‘‘(a) DEFINITIONS.—As used in this chapter—
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1 ‘‘(1) the term ‘predicate gang crime’ means—

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

3 threat, which is chargeable under Federal or

4 State law and punishable by imprisonment for

5 more than 1 year, involving murder, assault,

6 kidnapping, robbery, extortion, burglary, arson,

7 property damage or destruction, obstruction of

8 justice, tampering with or retaliating against a

9 witness, victim, or informant, or manufacturing,

10 importing, receiving, concealing, purchasing,

11 selling, possessing, or otherwise dealing in a

12 controlled substance or controlled substance

13 analogue (as those terms are defined in section

14 102 of the Controlled Substances Act (21

15 U.S.C. 802));

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

17 for more than 1 year, which is indictable under

18 any of the following provisions of title 18,

19 United States Code: sections 922 and

20 924(a)(2), (b), (c), (g), or (h) (relating to re21 ceipt, possession, and transfer of firearms); sec22 tion 1503 (relating to obstruction of justice);

23 section 1510 (relating to obstruction of criminal

24 investigations); section 1512 (relating to tam25 pering with a witness, victim, or informant);
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1 section 1513 (relating to retaliating against a

2 witness, victim, or informant); or

3 ‘‘(C) any act indictable under subsection

4 (b)(5) of this section;

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

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

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

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

9 days, with a purpose that any of those individuals

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

11 2 or more predicate gang crimes, one of which must

12 occur after the enactment of this chapter and the

13 last of which occurred within 10 years (excluding

14 any period of imprisonment) after the commission of

15 a prior predicate gang crime;

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

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

18 gang with intent to commit, or that any other indi19 vidual associated with the criminal street gang will

20 commit, 1 or more predicate gang crimes; and

21 ‘‘(4) the term ‘State’ means a State of the

22 United States, the District of Columbia, and any

23 commonwealth, territory, or possession of the United

24 States.

25 ‘‘(b) UNLAWFUL ACTS.—It shall be unlawful—
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1 ‘‘(1) to commit, or to attempt to commit, a

2 predicate gang crime with intent to promote or fur3 ther the activities of a criminal street gang or for

4 the purpose of gaining entrance to or maintaining or

5 increasing position in such a gang;

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

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

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

9 entice, or coerce any individual to participate in a

10 criminal street gang;

11 ‘‘(4) to employ, use, command, counsel, per12 suade, induce, entice, or coerce any individual to

13 commit, cause to commit, or facilitate the commis14 sion of, a predicate gang crime, with intent to pro15 mote the activities of a criminal street gang or for

16 the purpose of gaining entrance to or maintaining or

17 increasing position in such a gang; or

18 ‘‘(5) to use any communication facility, as de19 fined in section 403(b) of the Controlled Substances

20 Act (21 U.S.C. 843(b)), in causing or facilitating the

21 commission, or attempted commission, of a predicate

22 gang crime with intent to promote or further the ac23 tivities of a criminal street gang or for the purpose

24 of gaining entrance to or maintaining or increasing

25 position in such a gang. Each separate use of a com-
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1 munication facility shall be a separate offense under

2 this subsection.

3 ‘‘§ 1931. Penalties

4 ‘‘(a) PENALTIES OF UP TO 20 YEARS OR LIFE IM5 PRISONMENT.—Any person who violates section 1930(b)

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

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

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

9 crime for which the maximum penalty includes life impris10 onment, and if any person commits such a violation after

11 1 or more prior convictions for such a predicate gang

12 crime, that is not part of the instant violation, such person

13 shall be sentenced to a term of imprisonment which shall

14 not be less than 10 years and which may be for any term

15 of years exceeding 10 years or for life.

16 ‘‘(b) PENALTIES BETWEEN 5 AND 10 YEARS.—Any

17 person who violates section 1930 (b)(3) or (b)(4) shall be

18 sentenced to imprisonment for not less than 5 and not

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

20 subject of the act was less than 18 years of age, such per21 son shall be imprisoned for 10 years. A term of imprison22 ment under this subsection shall run consecutively to any

23 other term of imprisonment, including that imposed for

24 any other violation of this chapter.
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1 ‘‘(c) PENALTIES OF UP TO 5 YEARS.—Any person

2 who violates section 1930(b)(5) shall be punished by im3 prisonment for not more than 5 years.

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

5 other penalties set forth in this section—

6 ‘‘(1) any person who violates section 1930(b)

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

8 murder or conspiracy to commit murder which re9 sults in the taking of a life, and who commits, coun10 sels, commands, induces, procures, or causes that

11 murder, shall be punished by death or by imprison12 ment for life;

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

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

15 attempted murder or conspiracy to commit murder,

16 shall be sentenced to a term of imprisonment which

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

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

19 and

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

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

23 position of management in that street gang, shall be

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

2 term of years exceeding 15 years or for life.

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

4 shown that the defendant counseled, commanded, induced,

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

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

8 other position of management in the gang.

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

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

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

12 the United States—

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

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

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

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

18 the commission of, the violation.

19 The provisions of section 413(b), (c), and (e) through (p)

20 of the Controlled Substances Act (21 U.S.C. 853(b), (c),

21 and (e) through (p)) shall apply to a forfeiture under this

22 section.

23 ‘‘§ 1932. Investigative authority

24 ‘‘The Attorney General and the Secretary of the

25 Treasury shall have the authority to investigate offenses
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1 under this chapter. This authority shall be exercised in

2 accordance with an agreement which shall be entered into

3 by the Attorney General and the Secretary of the

4 Treasury.’’.

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

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

7 inserting after the item for chapter 93 the following:

‘‘94. Prohibited participation in criminal street gangs

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

8 (c) SENTENCING GUIDELINES INCREASE FOR GANG

9 CRIMES.—The United States Sentencing Commission

10 shall at the earliest opportunity amend the sentencing

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

12 level for any felony committed for the purpose of gaining

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

14 criminal street gang. For purposes of this subsection,

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

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

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

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

21 law by imprisonment for more than 1 year.
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1 SEC. 115. DRIVE-BY SHOOTINGS.

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

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

4 section:

5 ‘‘§ 931. Drive-by shootings

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

7 person—

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

9 trafficking activity; or

10 ‘‘(2) from a motor vehicle;

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

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

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

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

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

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

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

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

‘‘931. Drive-by shootings.’’.

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

22 OBJECTIVE.

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

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

2 end;

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

4 and inserting ‘‘; and’’; and

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

7 ‘‘(22) law enforcement and prevention programs

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

9 at risk of involvement in gangs.’’.

10 SEC. 117. INCREASED PENALTIES FOR DRUG TRAFFICKING

11 NEAR PUBLIC HOUSING.

12 Section 419 of the Controlled Substances Act (21

13 U.S.C. 860) is amended—

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

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

16 facility owned by a public housing authority, or

17 within’’; and

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

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

20 facility owned by a public housing authority, or

21 within’’.
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1 Subtitle C—Crimes Against

2 Children

3 SEC. 131. DEATH PENALTY FOR MURDER DURING THE SEX4 UAL EXPLOITATION OF CHILDREN.

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

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

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

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

10 life.’’.

11 SEC. 132. INCREASED PENALTIES FOR SEX OFFENSES

12 AGAINST VICTIMS BELOW THE AGE OF 16.

13 Paragraph (2) of section 2247 of title 18, United

14 States Code, as so redesignated by section 403(a) is

15 amended—

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

17 the semicolon;

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

19 and inserting ‘‘; or’’; and

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

21 follows:

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

23 clothing, of the genitalia of another person who has

24 not attained the age of 16 years with an intent to
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1 abuse, humiliate, harass, degrade, or arouse or grat2 ify the sexual desire of any person;’’.

3 SEC. 133. PENALTIES FOR INTERNATIONAL TRAFFICKING

4 IN CHILD PORNOGRAPHY.

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

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

7 end the following:

8 ‘‘§ 2258. Production of sexually explicit depictions of

9 a minor for importation into the United

10 States

11 ‘‘(a) Any person who, outside the United States, em12 ploys, uses, persuades, induces, entices, or coerces any

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

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

15 the intent that such minor engage in any sexually explicit

16 conduct for the purpose of producing any visual depiction

17 of such conduct, shall be punished as provided under sub18 section (c), if such person intends, knows, or has reason

19 to know that such visual depiction will be imported into

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

21 miles of the coast of the United States.

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

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

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

25 depiction of a minor engaging in sexually explicit conduct
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1 if the production of such visual depiction involved the use

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

3 published as provided under subsection (c), if such person

4 intends, knows, or has reason to know that such visual

5 depiction will be imported into the United States or into

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

7 United States.

8 ‘‘(c) Any individual who violates this section, or con9 spires or attempts to do so, shall be fined under this title,

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

11 such individual has a prior conviction under this chapter

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

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

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

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

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

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

‘‘2258. Production of sexually explicit depictions of a minor for importation into

the United States’’.’’

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

19 title 18, United States Code, is amended—

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

21 inserting ‘‘under this title’’;

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

23 inserting ‘‘under this title’’; and
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1 (3) by striking ‘‘not more than $250,000’’ and

2 inserting ‘‘under this title’’.

3 (d) SECTION 2251 PENALTY ENHANCEMENT.—Sec4 tion 2251(d) of title 18, United States Code, is amended

5 by striking ‘‘this section’’ the second place it appears and

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

7 (e) SECTION 2252 PENALTY ENHANCEMENT.—Sec8 tion 2252(b)(1) of title 18, United States Code, is amend9 ed by striking ‘‘this section’’ and inserting ‘‘this chapter

10 or chapter 109A of this title’’.

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

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

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

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

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

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

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

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

19 title 18, United States Code, is amended—

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

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

22 ‘‘(b) Whoever travels in interstate or foreign com23 merce, or conspires to do so, for the purpose of engaging

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

25 section 2245 of this title) with a person under 18 years
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1 of age which would be in violation of chapter 109A of this

2 title if such sexual act occurred in the special maritime

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

4 ‘‘offense,’’.

5 SEC. 134. STATE LEGISLATION REGARDING CHILD POR6 NOGRAPHY.

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

8 month beginning after the date of the enactment of this

9 Act, each State shall enact legislation complying with

10 guidelines established under subsection (b), and maintain

11 such legislation in effect thereafter. Compliance with the

12 preceding sentence shall be a condition to the receipt by

13 a State of any grant, cooperative agreement, or other as14 sistance under—

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

16 (42 U.S.C. 10603); and

17 (2) the Child Abuse Prevention and Treatment

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

19 (b) GUIDELINES.—The Attorney General shall estab20 lish guidelines for State legislation prohibiting the produc21 tion, distribution, receipt, or possession of materials de22 picting a person under 18 years of age engaging in sexu23 ally explicit conduct and providing for a maximum impris24 onment of at least one year and for the forfeiture of assets
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1 used in the commission or support of, or gained from, such

2 offenses.

3 SEC. 135. NATIONAL REGISTRATION OF CONVICTED CHILD

4 ABUSERS.

5 (a) STATES TO REGISTER PERSONS CONVICTED OF

6 OFFENSES AGAINST CHILDREN.—

7 (1) IN GENERAL.—Each State shall establish

8 and maintain a registration program under this sec9 tion requiring persons convicted of a criminal offense

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

11 address and other information that the Attorney

12 General deems relevant, with a designated State law

13 enforcement agency for 10 years after being released

14 from prison or otherwise being freed from detention

15 after the conviction becomes final.

16 (2) ATTORNEY GENERAL TO ESTABLISH GUIDE17 LINES.—The Attorney General shall establish guide18 lines for State registration programs under this

19 section.

20 (3) MANDATORY ELEMENTS OF GUIDELINES.—

21 Such guidelines shall include provision for—

22 (A) a requirement that the State obtain

23 the fingerprints, physical description, and cur24 rent photographs of each registered person;
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1 (B) annual updating of the information

2 contained in the registry by each registered per3 son; and

4 (C) criminal penalties for failing to comply

5 with the registration requirements.

6 (b) STATES TO REPORT.—

7 (1) IN GENERAL.—Each State shall report to

8 the Attorney General, in such form and manner as

9 the Attorney General shall prescribe—

10 (A) information about each conviction for

11 a criminal offense against a victim who is a

12 child; and

13 (B) the information on the registry that

14 State is required to establish and maintain

15 under subsection (a).

16 (2) ANNUAL SUMMARY OF CONVICTIONS.—The

17 Attorney General shall publish an annual summary

18 of convictions for offenses involving the physical,

19 psychological, or emotional injuring, sexual abuse or

20 exploitation, neglectful treatment, or maltreatment,

21 of children, based on information reported under

22 this section.

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

24 a State fails to comply with an obligation under subsection

25 (a) or (b) during the period that begins 3 years after the
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1 date of the enactment of this Act, the allocation of funds

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

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

4 reduced by 25 percent, and the unallocated funds shall

5 be reallocated to the States complying with those obliga6 tions.

7 (d) BACKGROUND CHECKS.—

8 (1) IN GENERAL.—A State may permit quali9 fied entities to obtain from an authorized agency of

10 the State a nationwide background check for the

11 purpose of determining whether there is a report

12 that a provider has been convicted of a background

13 check crime.

14 (2) ATTORNEY GENERAL TO PROVIDE INFORMA15 TION.—The Attorney General, in accordance with

16 such rules and subject to such conditions as the At17 torney General shall prescribe, shall provide to au18 thorized agencies of States information possessed by

19 the Department of Justice that would enable the

20 agency to make the background check described in

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

22 such conditions, the Attorney General shall take care

23 to assure—

24 (A) the currency and accuracy of the infor25 mation; and
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1 (B) that the States maintain procedures to

2 permit providers to check and correct informa3 tion relating to such providers.

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

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

6 not attained the age of 18 years;

7 (2) the term ‘‘State’’ includes the District of

8 Columbia, Puerto Rico, and any other territory or

9 possession of the United States;

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

11 means the agency of the State the State designates

12 to carry out the background checks described in sec13 tion 5;

14 (4) the term ‘‘qualified entity’’ means a busi15 ness or organization of any sort that provides child

16 care or child care placement services, including a

17 business or organization that licenses or certifies

18 others to provide such services;

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

20 who—

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

22 that child is receiving care from a qualified en23 tity; and

24 (B) seeks employment or ownership of a

25 qualified entity; and
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1 (6) the term ‘‘background check crime’’ means,

2 with respect to a provider, any crime committed by

3 that provider that, as determined under rules pre4 scribed by the Attorney General, may affect the

5 safety of children under the care of a qualified entity

6 with respect to which that provider has a relation7 ship described in paragraph (5).

8 SEC. 136. INCREASED PENALTIES FOR ASSAULTS AGAINST

9 CHILDREN.

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

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

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

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

14 who has not attained the age of 16 years, by a fine

15 under this title or imprisonment for not more than

16 one year, or both; and

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

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

19 other case.’’.

20 (b) ASSAULTS RESULTING IN SUBSTANTIAL BODILY

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

22 amended by adding at the end the following:

23 ‘‘(7) Assault resulting in substantial bodily in24 jury to an individual who has not attained the age
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1 of 16 years, by a fine under this title or imprison2 ment for not more than 5 years, or both.’’.

3 (c) TECHNICAL AND STYLISTIC CHANGES TO SEC4 TION 113.—Section 113 of title 18, United States Code,

5 is amended—

6 (1) in paragraph (b), by striking ‘‘of not more

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

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

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

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

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

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

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

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

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

16 2 ems;

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

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

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

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

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

22 following:

23 ‘‘(b) As used in this subsection—

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

25 bodily injury which involves—
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1 ‘‘(A) a temporary but substantial disfigure2 ment; or

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

4 impairment of the function of any bodily mem5 ber, organ, or mental faculty; and

6 ‘‘(2) the term ‘serious bodily injury’ has the

7 meaning given that term in section 1365 of this

8 title.’’.

9 (e) ASSAULTS IN INDIAN COUNTRY.—Section

10 1153(a) of title 18, United States Code, is amended by

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

12 assault against an individual who has not attained the age

13 of 16 years’’ after ‘‘serious bodily injury’’.

14 SEC. 137. OFFENSE OF INDUCING MINORS OR OTHER PER15 SONS TO USE STEROIDS.

16 Section 404 of the Controlled Substances Act (21

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

18 the following new subsection:

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

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

21 to possess or use anabolic steroids in violation of sub22 section (a), shall be fined under title 18, United States

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

24 attempted to be persuaded or induced was less than 18

25 years of age at the time of the offense, 5 years), or both.
43

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

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

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

4 provides athletic or physical instruction, training, advice,

5 assistance, or any other such service to any person.’’.

6 SEC. 138. INCREASED PENALTIES FOR DRUG DISTRIBUTION

7 TO PREGNANT WOMEN.

8 The United States Sentencing Commission shall

9 amend the sentencing guidelines to increase by at least

10 4 levels the base offense level for an offense under section

11 2241 (relating to aggravated sexual abuse) or section

12 2242 (relating to sexual abuse) of title 18, United States

13 Code, and shall consider whether any other changes are

14 warranted in the guidelines provisions applicable to such

15 offenses to ensure realization of the objectives of sentenc16 ing. In amending the guidelines in conformity with this

17 section, the Sentencing Commission shall review the ap18 propriateness and adequacy of existing offense character19 istics and adjustments applicable to such offenses, taking

20 into account the heinousness of sexual abuse offenses, the

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

22 any other relevant factors. In any subsequent amendment

23 to the sentencing guidelines, the Sentencing Commission

24 shall maintain minimum guidelines sentences for the of-
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•HR 2872 SC

1 fenses referenced in this section which are at least equal

2 to those required by this section.

3 SEC. 139. INTERSTATE ENFORCEMENT OF CHILD SUPPORT

4 ORDERS.

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

6 United States Code, is amended by inserting after section

7 1738A the following new section:

8 ‘‘§ 1738B. Full faith and credit given to child support

9 orders

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

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

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

13 child support order made consistently with the provisions

14 of this section by a court of another State.

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

16 term—

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

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

19 age for whom a child support order has been issued

20 pursuant to the laws of a State;

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

22 child currently resides;

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

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

25 money, or the provision of a benefit, including health
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1 insurance, whether in periodic amounts or lump

2 sum, for the support of a child and includes perma3 nent and temporary orders, initial orders and modi4 fications, ongoing support, and arrearages;

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

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

7 for the support of a child;

8 ‘‘(5) ‘contestant’ means a person, including a

9 parent, who claims a right to receive child support

10 or against whom a right to receive child support is

11 claimed or asserted, and includes States and political

12 subdivisions to whom the right to obtain a child sup13 port order has been assigned;

14 ‘‘(6) ‘court’ means a court, administrative proc15 ess, or quasi-judicial process of a State which is au16 thorized by State law to establish the amount of

17 child support payable by a contestant or modify the

18 amount of child support payable by a contestant;

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

20 change in a child support order which affects the

21 amount, scope, or duration of such order and modi22 fies, replaces, supersedes, or otherwise is made sub23 sequent to such child support order, whether or not

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

25 and
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1 ‘‘(8) ‘State’ means a State of the United

2 States, the District of Columbia, the Commonwealth

3 of Puerto Rico, the territories and possessions of the

4 United States, and Indian country as defined in sec5 tion 1151 of title 18.

6 ‘‘(c) REQUIREMENTS OF CHILD SUPPORT ORDERS.—

7 A child support order made by a court of a State is con8 sistent with the provisions of this section only if—

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

10 State in which such court is located, had jurisdiction

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

12 personal jurisdiction over the contestants; and

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

14 heard was given to the contestants.

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

16 State which has made a child support order consistently

17 with the provisions of this section has continuing, exclusive

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

19 State or the residence of any contestant unless another

20 State, acting in accordance with subsection (e), has modi21 fied that order.

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

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

24 a child that is made by a court of another State, if—
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1 ‘‘(1) it has jurisdiction to make such a child

2 support order; and

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

4 continuing, exclusive jurisdiction of the child support

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

6 State or the residence of any contestant, or each

7 contestant has filed written consent for the State to

8 modify the order and assume continuing, exclusive

9 jurisdiction of such order.

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

11 a State which no longer has continuing, exclusive jurisdic12 tion of a child support order may enforce such order with

13 respect to unsatisfied obligations which accrued before the

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

15 subsection (e).’’.

16 (b) CONFORMING AMENDMENT.—The table of sec17 tions at the beginning of chapter 115 of title 28, United

18 States Code, is amended by inserting after the item relat19 ing to section 1738A the following:

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

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

21 PREDICATES.

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

23 States Code, is amended—

24 (1) by striking ‘‘or’’ before ‘‘(E)’’; and
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1 (2) by inserting before the semicolon at the end

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

3 against the United States that is punishable by im4 prisonment for more than 1 year and that involved

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

6 commission of the offense’’.

7 SEC. 141. INCREASED PENALTIES FOR USING MINORS IN

8 DRUG TRAFFICKING AND DRUG DISTRIBU9 TION TO MINORS.

10 (a) DRUG DISTRIBUTION TO MINOR BY RECIDI11 VIST.—Section 418(b) of the Controlled Substances Act

12 (21 U.S.C. 859(b)) is amended by striking ‘‘one year’’ and

13 inserting ‘‘3 years’’.

14 (b) USE OF MINOR IN TRAFFICKING BY RECIDI15 VIST.—Section 420(c) of the Controlled Substances Act

16 (21 U.S.C. 861(b)) is amended by striking ‘‘one year’’ and

17 inserting ‘‘3 years’’.

18 (c) CONCURRENT VIOLATION OF PROHIBITION OF

19 USE OF MINORS AND TRAFFICKING NEAR SCHOOLS.—

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

21 U.S.C. 860(b)) is amended by inserting ‘‘, or under cir22 cumstances involving a violation of section 420(a),’’ before

23 ‘‘is punishable’’.
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1 SEC. 142. INCREASED PENALTIES FOR USING A MINOR IN

2 COMMISSION OF A FEDERAL OFFENSE.

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

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

5 following:

‘‘§ 21. Use of children in Federal offenses

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

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

8 Federal offense, or to assist in avoiding detection or ap9 prehension for a Federal offense, shall—

10 ‘‘(1) after a previous conviction under this sub11 section has become final, be subject to 3 times the

12 maximum imprisonment and 3 times the maximum

13 fine otherwise provided for the Federal offense in

14 which the child is used; and

15 ‘‘(2) in any other case, be subject to 2 times the

16 maximum imprisonment and 2 times the maximum

17 fine for such offense.

18 ‘‘(b) As used in this section—

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

20 under 18 years of age; and

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

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

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

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

2 item:

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

3 SEC. 143. INTERNATIONAL PARENTAL KIDNAPPING.

4 (a) IN GENERAL.—Chapter 55 (relating to kidnap5 ping) of title 18, United States Code, is amended by add6 ing at the end the following:

‘‘§ 1204. International parental kidnapping

7 ‘‘(a) Whoever—

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

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

10 outside the United States—

11 ‘‘(A) in order to obstruct the lawful exer12 cise of parental rights that are established in a

13 court order;

14 ‘‘(B) in order to obstruct the lawful exer15 cise of parental rights by the mother of that

16 child, in the case of a child—

17 ‘‘(i) whose parents have not been mar18 ried;

19 ‘‘(ii) with regard to whom paternity

20 has not been judicially established; and

21 ‘‘(iii) whose custody has not been judi22 cially granted to a person other than the

23 mother; or
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•HR 2872 SC

1 ‘‘(C) in order to obstruct the lawful exer2 cise of parental rights during the pendency of

3 judicial proceedings to determine parental

4 rights; or

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

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

7 been in the United States) outside the United

8 States, in order to obstruct the lawful exercise of pa9 rental rights;

10 shall be fined under this title or imprisoned not more

11 than 3 years, or both.

12 ‘‘(b) As used in this section—

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

14 not attained the age of 16 years; and

15 ‘‘(2) the term ‘parental rights’, with respect to

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

17 child—

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

19 visiting rights); and

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

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

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

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

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

‘‘1204. International parental kidnapping.’’.
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1 SEC. 144. STATE COURT PROGRAMS REGARDING INTER2 NATIONAL PARENTAL CHILD ABDUCTION.

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

4 carry out under the State Justice Institute Act of 1984

5 (42 U.S.C. 10701–10713) national, regional, and in-State

6 training and educational programs dealing with criminal

7 and civil aspects of interstate and international parental

8 child abduction.

9 Subtitle D—Punishment of Serious

10 Juvenile Offenders

11 SEC. 151. SERIOUS JUVENILE DRUG OFFENSES AS ARMED

12 CAREER CRIMINAL ACT PREDICATES.

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

14 is amended—

15 (1) by striking ‘‘or’’ at the end of clause (i);

16 (2) by adding ‘‘or’’ at the end of clause (ii); and

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

18 ‘‘(iii) any act of juvenile delinquency

19 that if committed by an adult would be a

20 serious drug offense described in this para21 graph;’’.

22 SEC. 152. ADULT PROSECUTION OF SERIOUS JUVENILE OF23 FENDERS.

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

25 amended—

26 (1) in the first undesignated paragraph—
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1 (A) by striking ‘‘an offense described in

2 section 401 of the Controlled Substances Act

3 (21 U.S.C 841), or section 1002(a), 1003,

4 1005, 1009, or 1010(b)(1), (2), or (3) of the

5 Controlled Substances Import and Export Act

6 (21 U.S.C. 952(a), 953, 955, 959, 960(b)(1),

7 (2), (3)),’’ and inserting ‘‘an offense (or a con8 spiracy or attempt to commit an offense) de9 scribed in section 401, or 404 (insofar as the

10 violation involves more than 5 grams of a mix11 ture or substance which contains cocaine base),

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

13 841, 844, or 846), section 1002(a), 1003, 1005,

14 1009, 1010(b)(1), (2), or (3), of the Controlled

15 Substances Import and Export Act (21 U.S.C.

16 952(a), 953, 955, 959, 960(b)(1), (2), or (3),

17 or 963),’’; and

18 (B) by striking ‘‘922(p)’’ and inserting

19 ‘‘924(b), (g), or (h)’’;

20 (2) in the fourth undesignated paragraph—

21 (A) by striking ‘‘an offense described in

22 section 401 of the Controlled Substances Act

23 (21 U.S.C. 841), or section 1002(a), 1005, or

24 1009 of the Controlled Substances Import and

25 Export Act (21 U.S.C. 952(a), 955, 959)’’ and
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1 inserting ‘‘an offense (or a conspiracy or at2 tempt to commit an offense) described in sec3 tion 401, or 404 (insofar as the violation in4 volves more than 5 grams of a mixture or sub5 stance which contains cocaine base), of the Con6 trolled Substances Act (21 U.S.C. 841, 844, or

7 846), section 1002(a), 1005, 1009, 1010(b)(1),

8 (2), or (3), of the Controlled Substances Import

9 and Export Act (21 U.S.C. 952(a), 955, 959,

10 960(b)(1), (2), or (3), or 963), or section

11 924(b), (g), or (h) of this title,’’; and

12 (B) by striking ‘‘subsection (b)(1)(A), (B),

13 or (C), (d), or (e) of section 401 of the Con14 trolled Substances Act, or section 1002(a),

15 1003, 1009, or 1010(b)(1), (2), or (3) of the

16 Controlled Substances Import and Export Act

17 (21 U.S.C. 952(a), 953, 959, 960(b)(1), (2),

18 (3))’’ and inserting ‘‘or an offense (or conspir19 acy or attempt to commit an offense) described

20 in section 401(b)(1)(A), (B), or (C), (d), or (e),

21 or 404 (insofar as the violation involves more

22 than 5 grams of a mixture or substance which

23 contains cocaine base), of the Controlled Sub24 stances Act (21 U.S.C. 841(b)(1)(A), (B), or

25 (C), (d), or (e), 844, or 846) or section
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1 1002(a), 1003, 1009, 1010(b)(1), (2), or (3) of

2 the Controlled Substances Import and Export

3 Act (21 U.S.C. 952(a), 953, 959, 960(b)(1),

4 (2), or (3), or 963)’’; and

5 (3) in the fifth undesignated paragraph by add6 ing at the end the following: ‘‘In considering the na7 ture of the offense, as required by this paragraph,

8 the court shall consider the extent to which the juve9 nile played a leadership role in an organization, or

10 otherwise influenced other persons to take part in

11 criminal activities, involving the use or distribution

12 of controlled substances or firearms. Such a factor,

13 if found to exist, shall weigh heavily in favor of a

14 transfer to adult status, but the absence of this fac15 tor shall not preclude such a transfer.’’.

16 SEC. 153. AMENDMENTS CONCERNING RECORDS OF

17 CRIMES COMMITTED BY JUVENILES.

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

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

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

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

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

23 committing an act which if committed by an adult would

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

25 of section 5032 of this title, the juvenile shall be
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1 fingerprinted and photographed, and the fingerprints and

2 photograph shall be sent to the Federal Bureau of Inves3 tigation, Identification Division. The court shall also

4 transmit to the Federal Bureau of Investigation, Identi5 fication Division, the information concerning the adjudica6 tion, including name, date of adjudication, court, offenses,

7 and sentence, along with the notation that the matter was

8 a juvenile adjudication. The fingerprints, photograph, and

9 other records and information relating to a juvenile de10 scribed in this subsection, or to a juvenile who is pros11 ecuted as an adult, shall be made available in the manner

12 applicable to adult defendants.

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

14 section for the reporting, retention, disclosure, or avail15 ability of records or information, if the law of the State

16 in which a Federal juvenile delinquency proceeding takes

17 place permits or requires the reporting, retention, disclo18 sure, or availability of records or information relating to

19 a juvenile or to a juvenile delinquency proceeding or adju20 dication in certain circumstances, then such reporting, re21 tention, disclosure, or availability is permitted under this

22 section whenever the same circumstances exist.’’.

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

24 Code, is repealed, and the corresponding item in the chap25 ter analysis for chapter 229 of title 18 is deleted.
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1 (c) CONFORMING AMENDMENT.—Section 401(b)(4)

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

3 is amended by striking ‘‘and section 3607 of title 18’’.

4 TITLE II—EQUAL PROTECTION

5 FOR VICTIMS

6 Subtitle A—Victims’ Rights

7 SEC. 201. RIGHT OF THE VICTIM TO FAIR TREATMENT IN

8 LEGAL PROCEEDINGS.

9 The following rules, to be known as the Rules of Pro10 fessional Conduct for Lawyers in Federal Practice, are

11 enacted:

12 ‘‘RULES OF PROFESSIONAL CONDUCT FOR

13 LAWYERS IN FEDERAL PRACTICE

‘‘Rule 1. Scope

‘‘Rule 2. Abuse of Victims and Others Prohibited

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

‘‘Rule 4. Duty to Expedite Litigation

‘‘Rule 5. Duty to Prevent Commission of Crime

14 ‘‘Rule 1. Scope

15 ‘‘(a) These rules apply to the conduct of lawyers in

16 their representation of clients in relation to proceedings

17 and potential proceedings before Federal tribunals.

18 ‘‘(b) For purposes of these rules, ‘Federal tribunal’

19 and ‘tribunal’ mean a court of the United States.

20 ‘‘Rule 2. Abuse of Victims and Others Prohibited

21 ‘‘(a) A lawyer shall not engage in any action or course

22 of conduct for the purpose of increasing the expense of
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1 litigation for any person, other than a liability under an

2 order or judgment of a tribunal.

3 ‘‘(b) A lawyer shall not engage in any action or course

4 of conduct that has no substantial purpose other than to

5 distress, harass, embarrass, burden, or inconvenience an6 other person.

7 ‘‘(c) A lawyer shall not offer evidence that the lawyer

8 knows to be false or attempt to discredit evidence that the

9 lawyer knows to be true.

10 ‘‘Rule 3. Duty of Enquiry in Relation to Client

11 ‘‘A lawyer shall attempt to elicit from the client a

12 truthful account of the material facts concerning the mat13 ters in issue. In representing a client charged with a

14 crime, the duty of enquiry under this rule includes—

15 ‘‘(1) attempting to elicit from the client a mate16 rially complete account of the alleged criminal activ17 ity if the client acknowledges involvement in the al18 leged activity; and

19 ‘‘(2) attempting to elicit from the client the ma20 terial facts relevant to a defense of alibi if the client

21 denies such involvement.

22 ‘‘Rule 4. Duty to Expedite Litigation

23 ‘‘(a) A lawyer shall seek to bring about the expedi24 tious conduct and conclusion of litigation.
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1 ‘‘(b) A lawyer shall not seek a continuance or other2 wise attempt to delay or prolong proceedings in the hope

3 or expectation that—

4 ‘‘(1) evidence will become unavailable;

5 ‘‘(2) evidence will become more subject to im6 peachment or otherwise less useful to another party

7 because of the passage of time; or

8 ‘‘(3) an advantage will be obtained in relation

9 to another party because of the expense, frustration,

10 distress, or other hardship resulting from prolonged

11 or delayed proceedings.

12 ‘‘Rule 5. Duty to Prevent Commission of Crime

13 ‘‘(a) A lawyer may disclose information relating to

14 the representation of a client to the extent necessary to

15 prevent the commission of a crime or other unlawful act.

16 ‘‘(b) A lawyer shall disclose information relating to

17 the representation of a client where disclosure is required

18 by law. A lawyer shall also disclose such information to

19 the extent necessary to prevent—

20 ‘‘(1) the commission of a crime involving the

21 use or threatened use of force against another, or a

22 substantial risk of death or serious bodily injury to

23 another; or

24 ‘‘(2) the commission of a crime of sexual as25 sault or child molestation.
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1 ‘‘(c) For purposes of this rule, ‘crime’ means a crime

2 under the law of the United States or the law of a State,

3 and ‘unlawful act’ means an act in violation of the law

4 of the United States or the law of a State.’’.

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

6 Rule 24(b) of the Federal Rules of Criminal Proce7 dure is amended by striking ‘‘the Government is entitled

8 to 6 peremptory challenges and the defendant or defend9 ants jointly to 10 peremptory challenges’’ and inserting

10 ‘‘each side is entitled to 6 peremptory challenges’’.

11 SEC. 203. VICTIM’S RIGHT OF ALLOCUTION IN SENTENCING.

12 Rule 32 of the Federal Rules of Criminal Procedure

13 is amended—

14 (1) by striking ‘‘and’’ at the end of subdivision

15 (a)(1)(B);

16 (2) by striking the period at the end of subdivi17 sion (a)(1)(C) and inserting ‘‘; and’’;

18 (3) by inserting after subdivision (a)(1)(C) the

19 following: ‘‘(D) if sentence is to be imposed for a

20 crime of violence or sexual abuse, address the victim

21 personally if the victim is present at the sentencing

22 hearing and determine if the victim wishes to make

23 a statement and to present any information in rela24 tion to the sentence.’’;
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1 (4) in the penultimate sentence of subdivision

2 (a)(1) by striking ‘‘equivalent opportunity’’ and in3 serting ‘‘opportunity equivalent to that of the de4 fendant’s counsel’’;

5 (5) in the last sentence of subdivision (a)(1) by

6 inserting ‘‘the victim,’’ before ‘‘, or the attorney for

7 the Government.’’; and

8 (6) by adding at the end the following new

9 subdivision:

10 ‘‘(f) DEFINITIONS.—For purposes of this rule—

11 ‘‘(1) ‘crime of violence or sexual abuse’ means

12 a crime that involved the use or attempted or threat13 ened use of physical force against the person or

14 property of another, or a crime under chapter 109A

15 of title 18, United States Code; and

16 ‘‘(2) ‘victim’ means an individual against whom

17 an offense for which a sentence is to be imposed has

18 been committed, but the right of allocution under

19 subdivision (a)(1)(D) may be exercised instead by—

20 ‘‘(A) a parent or legal guardian if the vic21 tim is below the age of 18 years or incompetent;

22 or

23 ‘‘(B) one or more family members or rel24 atives designated by the court if the victim is

25 deceased or incapacitated,
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1 if such person or persons are present at the sentenc2 ing hearing, regardless of whether the victim is

3 present.’’.

4 SEC. 204. ENFORCEMENT OF RESTITUTION ORDERS

5 THROUGH SUSPENSION OF FEDERAL BENE6 FITS.

7 Section 3663 of title 18, United States Code, is

8 amended—

9 (1) by redesignating subsections (g) and (h) as

10 subsections (h) and (i), respectively; and

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

13 ‘‘(g)(1) If the defendant is delinquent in making res14 titution in accordance with any schedule of payments or

15 any requirement of immediate payment imposed under

16 this section, the court may, after a hearing, suspend the

17 defendant’s eligibility for all Federal benefits until such

18 time as the defendant demonstrates to the court good19 faith efforts to return to such schedule.

20 ‘‘(2) For purposes of this subsection—

21 ‘‘(A) the term ‘Federal benefits’—

22 ‘‘(i) means any grant, contract, loan, pro23 fessional license, or commercial license provided

24 by an agency of the United States or appro25 priated funds of the United States; and
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1 ‘‘(ii) does not include any retirement, wel2 fare, Social Security, health, disability, veterans

3 benefit, public housing, or other similar benefit,

4 or any other benefit for which payments or

5 services are required for eligibility; and

6 ‘‘(B) the term ‘veterans benefit’ means all bene7 fits provided to veterans, their families, or survivors

8 by virtue of the service of a veteran in the Armed

9 Forces of the United States.’’.

10 SEC. 205. PROHIBITION OF RETALIATORY KILLINGS OF

11 WITNESSES, VICTIMS AND INFORMANTS.

12 Section 1513 of title 18, United States Code, is

13 amended—

14 (1) by redesignating subsections (a) and (b) as

15 subsections (b) and (c), respectively; and

16 (2) by inserting a new subsection (a) as follows:

17 ‘‘(a)(1) Whoever kills or attempts to kill another per18 son with intent to retaliate against any person for—

19 ‘‘(A) the attendance of a witness or party at an

20 official proceeding, or any testimony given or any

21 record, document, or other object produced by a wit22 ness in an official proceeding; or

23 ‘‘(B) any information relating to the commis24 sion or possible commission of a Federal offense or

25 a violation of conditions of probation, parole or re-
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1 lease pending judicial proceedings given by a person

2 to a law enforcement officer;

3 shall be punished as provided in paragraph (2).

4 ‘‘(2) The punishment for an offense under this sub5 section is—

6 ‘‘(A) in the case of a killing, the punishment

7 provided in sections 1111 and 1112 of this title; and

8 ‘‘(B) in the case of an attempt, imprisonment

9 for not more than twenty years.’’.

10 Subtitle B—Admissibility of

11 Evidence

12 SEC. 211. ADMISSIBILITY OF EVIDENCE OF SIMILAR

13 CRIMES IN SEX OFFENSE CASES.

14 The Federal Rules of Evidence are amended by add15 ing after Rule 412 the following new rules:

16 ‘‘Rule 413. Evidence of Similar Crimes in Sexual Assault Cases

17 ‘‘(a) EVIDENCE ADMISSIBLE.—In a criminal case in

18 which the defendant is accused of an offense of sexual as19 sault, evidence of the defendant’s commission of another

20 offense or offenses of sexual assault is admissible, and

21 may be considered for its bearing on any matter to which

22 it is relevant.

23 ‘‘(b) DISCLOSURE TO DEFENDANT.—In a case in

24 which the government intends to offer evidence under this

25 Rule, the attorney for the government shall disclose the
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1 evidence to the defendant, including statements of wit2 nesses or a summary of the substance of any testimony

3 that is expected to be offered, at least 15 days before the

4 scheduled date of trial or at such later time as the court

5 may allow for good cause.

6 ‘‘(c) EFFECT ON OTHER RULES.—This Rule shall

7 not be construed to limit the admission or consideration

8 of evidence under any other Rule.

9 ‘‘(d) DEFINITION.—For purposes of this Rule and

10 Rule 415, ‘offense of sexual assault’ means a crime under

11 Federal law or the law of a State (as defined in section

12 513 of title 18, United States Code) that involved—

13 ‘‘(1) any conduct proscribed by chapter 109A of

14 title 18, United States Code;

15 ‘‘(2) contact, without consent, between any part

16 of the defendant’s body or an object and the genitals

17 or anus of another person;

18 ‘‘(3) contact, without consent, between the geni19 tals or anus of the defendant and any part of an20 other person’s body;

21 ‘‘(4) deriving sexual pleasure or gratification

22 from the infliction of death, bodily injury, or phys23 ical pain on another person; or

24 ‘‘(5) an attempt or conspiracy to engage in con25 duct described in any of paragraphs (1) through (4).
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1 ‘‘Rule 414. Evidence of Similar Crimes in Child Molestation

2 Cases

3 ‘‘(a) EVIDENCE ADMISSIBLE.—In a criminal case in

4 which the defendant is accused of an offense of child mo5 lestation, evidence of the defendant’s commission of an6 other offense or offenses of child molestation is admissible,

7 and may be considered for its bearing on any matter to

8 which it is relevant.

9 ‘‘(b) DISCLOSURE TO DEFENDANT.—In a case in

10 which the government intends to offer evidence under this

11 Rule, the attorney for the government shall disclose the

12 evidence to the defendant, including statements of wit13 nesses or a summary of the substance of any testimony

14 that is expected to be offered, at least 15 days before the

15 scheduled date of trial or at such later time as the court

16 may allow for good cause.

17 ‘‘(c) EFFECT ON OTHER RULES.—This Rule shall

18 not be construed to limit the admission or consideration

19 of evidence under any other Rule.

20 ‘‘(d) DEFINITION.—For purposes of this Rule and

21 Rule 415, ‘child’ means a person below the age of 14

22 years, and ‘offense of child molestation’ means a crime

23 under Federal law or the law of a State (as defined in

24 section 513 of title 18, United States Code) that in25 volved—
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1 ‘‘(1) any conduct proscribed by chapter 109A of

2 title 18, United States Code, that was committed in

3 relation to a child;

4 ‘‘(2) any conduct proscribed by chapter 110 of

5 title 18, United States Code;

6 ‘‘(3) contact between any part of the defend7 ant’s body or an object and the genitals or anus of

8 a child;

9 ‘‘(4) contact between the genitals or anus of the

10 defendant and any part of the body of a child;

11 ‘‘(5) deriving sexual pleasure or gratification

12 from the infliction of death, bodily injury, or phys13 ical pain on a child; or

14 ‘‘(6) an attempt or conspiracy to engage in con15 duct described in any of paragraphs (1) through (5).

16 ‘‘Rule 415. Evidence of Similar Acts in Civil Cases Concerning

17 Sexual Assault or Child Molestation

18 ‘‘(a) EVIDENCE ADMISSIBLE.—In a civil case in

19 which a claim for damages or other relief is predicated

20 on a party’s alleged commission of conduct constituting

21 an offense of sexual assault or child molestation, evidence

22 of that party’s commission of another offense or offenses

23 of sexual assault or child molestation is admissible and

24 may be considered as provided in Rule 413 and Rule 414

25 of these Rules.
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1 ‘‘(b) DISCLOSURE TO OTHER PARTIES.—A party who

2 intends to offer evidence under this Rule shall disclose the

3 evidence to the party against whom it will be offered, in4 cluding statements of witnesses or a summary of the sub5 stance of any testimony that is expected to be offered, at

6 least 15 days before the scheduled date of trial or at such

7 later time as the court may allow for good cause.

8 ‘‘(c) EFFECT ON OTHER RULES.—This Rule shall

9 not be construed to limit the admission or consideration

10 of evidence under any other Rule.’’.

11 SEC. 212. EXTENSION AND STRENGTHENING OF RAPE VIC12 TIM SHIELD LAW.

13 (a) AMENDMENTS TO RAPE VICTIM SHIELD LAW.—

14 Rule 412 of the Federal Rules of Evidence is amended—

15 (1) in subdivisions (a) and (b), by striking

16 ‘‘criminal case’’ and inserting ‘‘criminal or civil

17 case’’;

18 (2) in subdivisions (a) and (b), by striking ‘‘an

19 offense under chapter 109A of title 18, United

20 States Code,’’ and inserting ‘‘an offense or civil

21 wrong involving conduct proscribed by chapter 109A

22 of title 18, United States Code, whether or not the

23 conduct occurred in the special maritime and terri24 torial jurisdiction of the United States or in a Fed25 eral prison,’’;
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1 (3) in subdivision (a), by striking ‘‘victim of

2 such offense’’ and inserting ‘‘victim of such con3 duct’’;

4 (4) in subdivision (c)—

5 (A) by striking in paragraph (1) ‘‘the per6 son accused of committing an offense under

7 chapter 109A of title 18, United States Code’’

8 and inserting ‘‘the accused’’; and

9 (B) by inserting at the end of paragraph

10 (3) the following: ‘‘An order admitting evidence

11 under this paragraph shall explain the reason12 ing leading to the finding of relevance, and the

13 basis of the finding that the probative value of

14 the evidence outweighs the danger of unfair

15 prejudice notwithstanding the potential of the

16 evidence to humiliate and embarrass the alleged

17 victim and to result in unfair or biased infer18 ences.’’; and

19 (5) in subdivision (d), by striking ‘‘an offense

20 under chapter 109A of title 18, United States Code’’

21 and inserting ‘‘the conduct proscribed by chapter

22 109A of title 18, United States Code,’’.

23 (b) INTERLOCUTORY APPEAL.—Section 3731 of title

24 18, United States Code, is amended by inserting after the

25 second paragraph the following:
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1 ‘‘An appeal by the United States before trial shall

2 lie to a court of appeals from an order of a district court

3 admitting evidence of an alleged victim’s past sexual be4 havior in a criminal case in which the defendant is charged

5 with an offense involving conduct proscribed by chapter

6 109A of this title, whether or not the conduct occurred

7 in the special maritime and territorial jurisdiction of the

8 United States or in a Federal prison.’’.

9 SEC. 213. INADMISSIBILITY OF EVIDENCE TO SHOW PROVO10 CATION OR INVITATION BY VICTIM IN SEX

11 OFFENSE CASES.

12 The Federal Rules of Evidence are amended by add13 ing after Rule 415 (as added by section 421 of this Act)

14 the following:

15 ‘‘Rule 416. Inadmissibility of evidence to show invita16 tion or provocation by victim in sexual

17 abuse cases

18 ‘‘In a criminal case in which a person is accused of

19 an offense involving conduct proscribed by chapter 109A

20 of title 18, United States Code, whether or not the conduct

21 occurred in the special maritime and territorial jurisdic22 tion of the United States or in a Federal prison, evidence

23 is not admissible to show that the alleged victim invited

24 or provoked the commission of the offense. This Rule does

25 not limit the admission of evidence of consent by the al-
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1 leged victim if the issue of consent is relevant to liability

2 and the evidence is otherwise admissible under these

3 Rules.’’.

4 SEC. 214. ADMISSIBILITY OF CERTAIN EVIDENCE.

5 (a) IN GENERAL.—Chapter 223 of title 18, United

6 States Code, is amended by adding at the end the follow7 ing:

8 ‘‘§ 3510. Admissibility of evidence obtained by search

9 or seizure

10 ‘‘(a) EVIDENCE OBTAINED BY OBJECTIVELY REA11 SONABLE SEARCH OR SEIZURE.—Evidence which is ob12 tained as a result of a search or seizure shall not be ex13 cluded in a proceeding in a court of the United States

14 on the ground that the search or seizure was in violation

15 of the fourth amendment to the Constitution of the United

16 States, if the search or seizure was carried out in cir17 cumstances justifying an objectively reasonable belief that

18 it was in conformity with the fourth amendment. The fact

19 that evidence was obtained pursuant to and within the

20 scope of a warrant constitutes prima facie evidence of the

21 existence of such circumstances.

22 ‘‘(b) EVIDENCE NOT EXCLUDABLE BY STATUTE OR

23 RULE.—Evidence shall not be excluded in a proceeding

24 in a court of the United States on the ground that it was

25 obtained in violation of a statute, an administrative rule
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1 or regulation, or a rule of procedure unless exclusion is

2 expressly authorized by statute or by a rule prescribed by

3 the Supreme Court pursuant to statutory authority.

4 ‘‘(c) RULE OF CONSTRUCTION.—This section shall

5 not be construed to require or authorize the exclusion of

6 evidence in any proceeding.’’.

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

8 at the beginning of chapter 223 of title 18, United States

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

‘‘3510. Admissibility of evidence obtained by search or seizure.’’.

10 Subtitle C—Protecting the

11 Integrity of the Judicial Process

12 SEC. 221. GENERAL SAFEGUARDS AGAINST RACIAL PREJU13 DICE OR BIAS IN THE TRIBUNAL.

14 In a criminal trial in a court of the United States,

15 or of any State—

16 (1) on motion of the defense attorney or pros17 ecutor, the risk of racial prejudice or bias shall be

18 examined on voir dire if there is a substantial likeli19 hood in the circumstances of the case that such prej20 udice or bias will affect the jury either against or in

21 favor of the defendant;

22 (2) on motion of the defense attorney or pros23 ecutor, a change of venue shall be granted if an im24 partial jury cannot be obtained in the original venue

25 because of racial prejudice or bias; and
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1 (3) neither the prosecutor nor the defense at2 torney shall make any appeal to racial prejudice or

3 bias in statements before the jury.

4 SEC. 222. PROTECTION OF JURORS AND WITNESSES IN

5 CAPITAL CASES.

6 Section 3432 of title 18, United States Code, is

7 amended by inserting before the period the following: ‘‘,

8 except that such list of the veniremen and witnesses need

9 not be furnished if the court finds by a preponderance of

10 the evidence that providing the list may jeopardize the life

11 or safety of any person’’.

12 SEC. 223. PROTECTION OF COURT OFFICERS AND JURORS.

13 Section 1503 of title 18, United States Code, is

14 amended—

15 (1) by designating the current text as sub16 section (a);

17 (2) by striking ‘‘fined not more than $5,000 or

18 imprisoned not more than five years, or both.’’ and

19 inserting ‘‘punished as provided in subsection (b).’’;

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

21 ‘‘(b) The punishment for an offense under this sec22 tion is—

23 ‘‘(1) in the case of a killing, the punishment

24 provided in sections 1111 and 1112 of this title;
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1 ‘‘(2) in the case of an attempted killing, or a

2 case in which the offense was committed against a

3 petit juror and in which a class A or B felony was

4 charged, imprisonment for not more than twenty

5 years; and

6 ‘‘(3) in any other case, imprisonment for not

7 more than ten years.’’; and

8 (4) in subsection (a), as designated by this sec9 tion, by striking ‘‘commissioner’’ each place it ap10 pears and inserting ‘‘magistrate judge’’.

11 SEC. 224. DEATH PENALTY FOR MURDER OF FEDERAL WIT12 NESSES.

13 Section 1512(a)(2)(A) of title 18, United States

14 Code, is amended to read as follows:

15 ‘‘(A) in the case of murder as defined in section

16 1111 of this title, the death penalty or imprisonment

17 for life, and in the case of any other killing, the pun18 ishment provided in section 1112 of this title;’’.
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1 TITLE III—PROTECTION OF

2 WOMEN

3 Subtitle A—Spouse Abuse and

4 Stalking

5 SEC. 301. INTERSTATE TRAVEL TO COMMIT SPOUSE ABUSE

6 OR TO VIOLATE PROTECTIVE ORDER; INTER7 STATE STALKING.

8 (a) OFFENSE.—Part 1 of title 18, United States

9 Code, is amended by inserting after chapter 110 the

10 following:

11 ‘‘CHAPTER 110A—DOMESTIC VIOLENCE AND

12 OFFENSES AGAINST THE FAMILY

‘‘Sec.

‘‘2261. Domestic violence and stalking.

13 ‘‘§ 2261. Domestic violence and stalking

14 ‘‘(a) OFFENSE.—Whoever, in a circumstance de15 scribed in subsection (c), causes or attempts to cause bod16 ily injury to, engages in sexual abuse against, or violates

17 a protective order in relation to, another shall be pun18 ished—

19 ‘‘(1) if death results, by death or by imprison20 ment for any term of years or for life;

21 ‘‘(2) if permanent disfigurement or life-threat22 ening bodily injury results, by imprisonment for not

23 more than 20 years;
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1 ‘‘(3) if serious bodily injury results, or if a fire2 arm, knife, or other dangerous weapon is possessed,

3 carried, or used during the commission of the of4 fense, by imprisonment for not more than 10 years;

5 and

6 ‘‘(4) in any other case, by imprisonment for not

7 more than five years.

8 If, however, the defendant engages in sexual abuse and

9 the penalty authorized for such conduct under chapter

10 109A exceeds the penalty which would otherwise be au11 thorized under this subsection, then the penalty authorized

12 for such conduct under chapter 109A shall apply.

13 ‘‘(b) MANDATORY PENALTIES.—A sentence under

14 this section shall include at least 3 months of imprison15 ment if the offense involves the infliction of bodily injury

16 on or the commission of sexual abuse against the victim.

17 A sentence under this section shall include at least 6

18 months of imprisonment if the offense involves the viola19 tion of a protective order and the defendant has previously

20 violated a protective order in relation to the same victim.

21 ‘‘(c) REQUIRED CIRCUMSTANCES.—The circumstance

22 referred to in subsection (a) of this section is that the de23 fendant traveled in interstate or foreign commerce, or

24 transported or caused another to move in interstate or for-
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1 eign commerce, with the intention of committing or in fur2 therance of committing the offense, and—

3 ‘‘(1) the victim was a spouse or former spouse

4 of the defendant, was cohabiting with or had

5 cohabited with the defendant, or had a child in com6 mon with the defendant; or

7 ‘‘(2) the defendant on two or more occasions—

8 ‘‘(A) has caused or attempted or threat9 ened to cause death or serious bodily injury to

10 or engaged in sexual abuse in relation to the

11 victim; or

12 ‘‘(B) has engaged in any conduct that

13 caused or was intended to cause apprehension

14 by the victim that the victim would be subjected

15 to death, serious bodily injury, or sexual abuse.

16 ‘‘(d) DEFINITIONS.—As used in this section—

17 ‘‘(1) the term ‘protective order’ means an order

18 issued by a court of a State prohibiting or limiting

19 violence against, harassment of, contact or commu20 nication with, or physical proximity to another per21 son;

22 ‘‘(2) the term ‘sexual abuse’ means any conduct

23 proscribed by chapter 109A of this title, whether or

24 not the conduct occurs in the special maritime and
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1 territorial jurisdiction of the United States or in a

2 Federal prison;

3 ‘‘(3) the terms ‘serious bodily injury’ and ‘bod4 ily injury’ have the meanings, respectively, given

5 those terms in section 1365(g) of this title; and

6 ‘‘(4) the term ‘State’ has the meaning given

7 that term in section 513(c)(5) of this title.’’.

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

9 at the beginning of Part 1 of title 18, United States Code,

10 is amended by inserting after the item for chapter 110

11 the following:

‘‘110A. Domestic violence and offenses against the family ...................... 2261’’.

12 SEC. 302. FULL FAITH AND CREDIT FOR PROTECTIVE OR13 DERS.

14 (a) REQUIREMENT OF FULL FAITH AND CREDIT.—

15 Chapter 110A of title 18, United States Code, as enacted

16 by section 141 of this Act, is amended by adding at the

17 end the following:

18 ‘‘§ 2262. Full faith and credit for protective orders

19 ‘‘(a) A protective order issued by a court of a State

20 shall have the same full faith and credit in a court in an21 other State that it would have in a court of the State in

22 which issued, and shall be enforced by the courts of any

23 State as if it were issued in that State.

24 ‘‘(b) As used in this section—
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1 ‘‘(1) the term ‘protective order’ means an order

2 prohibiting or limiting violence against, harassment

3 of, contact or communication with, or physical prox4 imity to another person; and

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

6 section 513(c)(5) of this title.’’.

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

8 at the beginning of chapter 110A of title 18, United States

9 Code, as enacted by section 141 of this Act, is amended

10 by inserting at the end the following:

‘‘2262. Full faith and credit for protective orders.’’.

11 Subtitle B—Victims of Sexual

12 Violence

13 SEC. 311. CIVIL REMEDY FOR VICTIMS OF SEXUAL VIO14 LENCE.

15 (a) CAUSE OF ACTION.—Whoever, in violation of the

16 Constitution or laws of the United States, engages in sex17 ual violence against another, shall be liable to the injured

18 party in an action under this section. The relief available

19 in such an action shall include compensatory and punitive

20 damages and any appropriate equitable or declaratory

21 relief.

22 (b) DEFINITION.—For purposes of this section, ‘‘sex23 ual violence’’ means any conduct proscribed by chapter

24 109A of title 18, United States Code, whether or not the
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1 conduct occurs in the special maritime and territorial ju2 risdiction of the United States or in a Federal prison.

3 (c) ATTORNEY’S FEES.—The Civil Rights Attorney’s

4 Fees Award Act of 1976 (42 U.S.C. 1988) is amended

5 by striking ‘‘or’’ after ‘‘Public Law 92–318’’ and by in6 serting after ‘‘1964’’ the following: ‘‘, or section 411 of

7 the Sexual Assault Prevention Act of 1993,’’.

8 SEC. 312. EXTENSION AND STRENGTHENING OF RESTITU9 TION.

10 Section 3663 of title 18, United States Code, is

11 amended—

12 (1) in subsection (b), by inserting ‘‘or an of13 fense under chapter 109A, chapter 110, or section

14 2261 of this title’’ after ‘‘an offense resulting in bod15 ily injury to a victim’’ in paragraph (2);

16 (2) in subsection (b)—

17 (A) by striking ‘‘and’’ at the end of para18 graph (3);

19 (B) by redesignating paragraph (4) as

20 paragraph (5); and

21 (C) by inserting after paragraph (4) the

22 following:

23 ‘‘(4) in any case, reimburse the victim for lost

24 income and necessary child care, transportation, and

25 other expenses related to participation in the inves-
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1 tigation or prosecution of the offense or attendance

2 at proceedings related to the offense; and’’; and

3 (3) in subsection (d), by inserting at the end

4 the following: ‘‘However, the court shall issue an

5 order requiring restitution of the full amount of the

6 victim’s losses and expenses for which restitution is

7 authorized under this section in imposing sentence

8 for an offense under chapter 109A, chapter 110 or

9 section 2261 of this title, unless the Government

10 and the victim do not request such restitution.’’.

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

12 Section 3156(a)(4) of title 18, United States Code,

13 is amended—

14 (1) by striking ‘‘, or’’ at the end of subpara15 graph (A) and inserting a semicolon;

16 (2) by striking the period at the end of sub17 paragraph (B) and inserting ‘‘; or’’; and

18 (3) by adding after subparagraph (B) the

19 following:

20 ‘‘(C) any felony under chapter 109A, chapter

21 110, or section 2261 of this title.’’.
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1 Subtitle C—Punishment of Sex

2 Offenders

3 SEC. 321. DEATH PENALTY FOR RAPE AND CHILD MOLES4 TATION MURDERS.

5 (a) OFFENSE.—Chapter 109A of title 18, United

6 States Code, is amended by redesignating section 2245 as

7 section 2246, and by adding the following new section:

8 ‘‘§ 2245. Sexual abuse resulting in death

9 ‘‘Whoever, in the course of an offense under this

10 chapter, engages in conduct that results in the death of

11 a person, shall be punished by death or imprisoned for

12 any term of years or for life.’’.

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

14 at the beginning of chapter 109A of title 18, United States

15 Code, is amended by striking the item for section 2245

16 and adding the following:

‘‘2245. Sexual abuse resulting in death.

‘‘2246. Definitions for chapter.’’.

17 SEC. 322. INCREASED PENALTIES FOR RECIDIVIST SEX OF18 FENDERS.

19 (a) REDESIGNATION.—Sections 2245 and 2246 of

20 title 18, United States Code, as so designated by section

21 137, are redesignated sections 2246 and 2247, respec22 tively.
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1 (b) PENALTIES FOR SUBSEQUENT OFFENSES.—

2 Chapter 109A of title 18, United States Code, is amended

3 by inserting the following new section after section 2244:

4 ‘‘§ 2245. Penalties for subsequent offenses

5 ‘‘Any person who violates this chapter, after a prior

6 conviction under this chapter or the law of a State (as

7 defined in section 513 of this title) for conduct proscribed

8 by this chapter has become final, is punishable by a term

9 of imprisonment up to twice that otherwise authorized.’’.

10 (c) CLERICAL AMENDMENT.—The table of sections

11 at the beginning of chapter 109A of title 18, United States

12 Code, as amended by section 137, is amended—

13 (1) by striking ‘‘2245’’ and inserting ‘‘2246’’;

14 (2) by striking ‘‘2246’’ and inserting ‘‘2247’’;

15 and

16 (3) by inserting after the item relating to sec17 tion 2244 the following:

‘‘2245. Penalties for subsequent offenses.’’.

18 SEC. 323. SENTENCING GUIDELINES INCREASE FOR SEX

19 OFFENSES.

20 The United States Sentencing Commission shall

21 amend the sentencing guidelines to increase by at least

22 4 levels the base offense level for an offense under section

23 2241 (relating to aggravated sexual abuse) or section

24 2242 (relating to sexual abuse) of title 18, United States

25 Code, and shall consider whether any other changes are
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1 warranted in the guidelines provisions applicable to such

2 offenses to ensure realization of the objectives of sentenc3 ing. In amending the guidelines in conformity with this

4 section, the Sentencing Commission shall review the ap5 propriateness and adequacy of existing offense character6 istics and adjustments applicable to such offenses, taking

7 into account the heinousness of sexual abuse offenses, the

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

9 any other relevant factors. In any subsequent amendment

10 to the sentencing guidelines, the Sentencing Commission

11 shall maintain minimum guidelines sentences for the of12 fenses referenced in this section which are at least equal

13 to those required by this section.

14 SEC. 324. HIV TESTING AND PENALTY ENHANCEMENT IN

15 SEXUAL OFFENSE CASES.

16 (a) IN GENERAL.—Chapter 109A of title 18, United

17 States Code, is amended by adding at the end the follow18 ing:

19 ‘‘§ 2248. Testing for human immunodeficiency virus;

20 disclosure of test results to victim; effect

21 on penalty

22 ‘‘(a) TESTING AT TIME OF PRE-TRIAL RELEASE DE23 TERMINATION.—In a case in which a person is charged

24 with an offense under this chapter, a judicial officer issu25 ing an order pursuant to section 3142(a) of this title shall
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1 include in the order a requirement that a test for the

2 human immunodeficiency virus be performed upon the

3 person, and that follow-up tests for the virus be performed

4 six months and twelve months following the date of the

5 initial test, unless the judicial officer determines that the

6 conduct of the person created no risk of transmission of

7 the virus to the victim, and so states in the order. The

8 order shall direct that the initial test be performed within

9 24 hours, or as soon thereafter as feasible. The person

10 shall not be released from custody until the test is per11 formed.

12 ‘‘(b) TESTING AT LATER TIME.—If a person charged

13 with an offense under this chapter was not tested for the

14 human immunodeficiency virus pursuant to subsection (a),

15 the court may at a later time direct that such a test be

16 performed upon the person, and that follow-up tests be

17 performed six months and twelve months following the

18 date of the initial test, if it appears to the court that the

19 conduct of the person may have risked transmission of the

20 virus to the victim. A testing requirement under this sub21 section may be imposed at any time while the charge is

22 pending, or following conviction at any time prior to the

23 person’s completion of service of the sentence.

24 ‘‘(c) TERMINATION OF TESTING REQUIREMENT.—A

25 requirement of follow-up testing imposed under this sec-
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1 tion shall be canceled if any test is positive for the virus

2 or the person obtains an acquittal on, or dismissal of, all

3 charges under this chapter.

4 ‘‘(d) DISCLOSURE OF TEST RESULTS.—The results

5 of any test for the human immunodeficiency virus per6 formed pursuant to an order under this section shall be

7 provided to the judicial officer or court. The judicial offi8 cer or court shall ensure that the results are disclosed to

9 the victim (or to the victim’s parent or legal guardian, as

10 appropriate), the attorney for the Government, and the

11 person tested.

12 ‘‘(e) EFFECT ON PENALTY.—The United States Sen13 tencing Commission shall amend existing guidelines for

14 sentences for offenses under this chapter to enhance the

15 sentence if the offender knew or had reason to know that

16 he was infected with the human immunodeficiency virus,

17 except where the offender did not engage or attempt to

18 engage in conduct creating a risk of transmission of the

19 virus to the victim.’’.

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

21 at the beginning of chapter 109A of title 18, United States

22 Code, is amended by inserting at the end the following

23 new item:

‘‘2248. Testing for human immunodeficiency virus; disclosure of test results to

victim; effect on penalty.’’.
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1 TITLE IV—PREVENTION OF

2 TERRORISM

3 Subtitle A—Enhanced Controls on

4 Entry into the United States

5 SEC. 401. EXCLUSION BASED ON MEMBERSHIP IN TER6 RORIST ORGANIZATION OF ADVOCACY OF

7 TERRORISM.

8 Section 212(a)(3)(B) of the Immigration and Nation9 ality Act (8 U.S.C. 1182(a)(3)(B)) is amended—

10 (1) in clause (i)(II) by inserting ‘‘or’’ at the

11 end;

12 (2) by adding after clause (i)(II) the following:

13 ‘‘(III) is a member of an organization

14 that engages in terrorist activity or who

15 actively supports or advocates terrorist

16 activity,’’;

17 (3) by adding after clause (iii) the following:

18 ‘‘(iv) TERRORIST ORGANIZATION DE19 FINED.—As used in this Act, the term ‘terrorist

20 organization’ means an organization which com21 mits terrorist activity as determined by the At22 torney General, in consultation with the Sec23 retary of State.’’.
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1 SEC. 402. ADMISSIONS FRAUD.

2 (a) EXCLUSION FOR FRAUDULENT DOCUMENTS AND

3 FAILURE TO PRESENT DOCUMENTS.—Section

4 212(a)(6)(C) of the Immigration and Nationality Act (8

5 U.S.C. 1182(a)(6)(C)) is amended—

6 (1) by striking ‘‘(C) MISREPRESENTATION’’ and

7 inserting in lieu thereof the following:

8 ‘‘(C) FRAUD, MISREPRESENTATION, AND

9 FAILURE TO PRESENT DOCUMENTS’’;

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

11 clause:

12 ‘‘(iii) FRAUDULENT DOCUMENTS AND

13 FAILURE TO PRESENT DOCUMENTS.—

14 ‘‘(I) Any alien who, in seeking

15 entry to the United States or board16 ing a common carrier for the purpose

17 of coming to the United States, pre18 sents any document which, in the de19 termination of the immigration offi20 cer, is forged, counterfeit, altered,

21 falsely made, stolen, or inapplicable to

22 the alien presenting the document, or

23 otherwise contains a misrepresenta24 tion of a material fact, is excludable.

25 ‘‘(II) Any alien who, in boarding

26 a common carrier for the purpose of
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1 coming to the United States, presents

2 a document that relates or purports to

3 relate to the alien’s eligibility to enter

4 the United States, and fails to present

5 such document to an immigration offi6 cer upon arrival at a port of entry

7 into the United States, is exclud8 able.’’.

9 (b) AVAILABILITY OF ASYLUM AND OTHER DISCRE10 TIONARY RELIEF.—

11 (1) Section 208 of the Immigration and Nation12 ality Act (8 U.S.C. 1158) is amended by adding at

13 the end the following new subsection:

14 ‘‘(e)(1) APPLICATION OF FRAUD EXCLUSION.—Not15 withstanding subsection (a) and except as provided in

16 paragraph (2), any alien who is excludable under section

17 212(a)(6)(C)(iii) or section 212(a)(7)(A)(i) may not apply

18 for or be granted asylum.

19 ‘‘(2) EXCEPTION.—The limitation under paragraph

20 (1) shall not apply if the action upon which the exclusion

21 is based was pursuant to direct departure from a country

22 in which (A) the alien has a credible fear of persecution,

23 or (B) there is a significant danger that the alien would

24 be returned to a country in which the alien would have

25 a credible fear of persecution.
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1 ‘‘(3) DEFINITION.—As used in this subsection, the

2 term ‘credible fear of persecution’ means (A) that it is

3 more probable than not that the statements made by the

4 alien in support of his or her claim are true, and (B) that

5 there is a significant possibility, in light of such state6 ments and of such other facts as are known to the officer

7 about country conditions, that the alien could establish

8 eligibility as a refugee within the meaning of section

9 101(a)(42)(A).’’.

10 (2) Section 212(c) of the Immigration and Na11 tionality Act (8 U.S.C. 1182(c)) is amended in the

12 third sentence by inserting before the period ‘‘or to

13 any alien who is excludable pursuant to section

14 212(a)(6)(C)(iii)’’.

15 SEC. 403. INSPECTION AND EXCLUSION BY IMMIGRATION

16 OFFICERS.

17 Section 235(b) of the Immigration and Nationality

18 Act (8 U.S.C. 1225(b)) is amended to read as follows:

19 ‘‘(b) INSPECTION AND EXCLUSION BY IMMIGRATION

20 OFFICERS.—

21 ‘‘(1) An immigration officer shall inspect each

22 alien who is seeking entry to the United States.

23 ‘‘(2)(A) If the examining immigration officer

24 determines that an alien seeking entry—
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1 ‘‘(i)(I) is excludable under section

2 212(a)(6)(C)(iii), or

3 ‘‘(II) is excludable under section

4 212(a)(7)(A)(i),

5 ‘‘(ii) does not have any reasonable basis for

6 legal entry into the United States, and

7 ‘‘(iii) does not indicate an intention to

8 apply for asylum under section 208,

9 the alien shall be specially excluded from entry into

10 the United States without a hearing.

11 ‘‘(B) The examining immigration officer shall

12 refer to an immigration officer, specially trained to

13 conduct interviews and make determinations bearing

14 on eligibility for asylum, any alien who is (i) exclud15 able under section 212(a)(6)(C)(iii) or section

16 212(a)(7)(A) (i) and (ii) who has indicated an inten17 tion to apply for asylum. Such an alien shall not be

18 considered to have entered the United States for

19 purposes of this Act.

20 ‘‘(C) An alien under subparagraph (B) who is

21 determined by an immigration officer, specially

22 trained to conduct interviews and make determina23 tions bearing on eligibility for asylum, to be exclud24 able and ineligible for the exception under section
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1 208(e)(2), shall be specially excluded and deported

2 from the United States without further hearing.

3 ‘‘(3)(A) Except as provided in subparagraph

4 (B), if the examining immigration officer determines

5 that an alien seeking entry is not clearly and beyond

6 a doubt entitled to enter, the alien shall be detained

7 for a hearing before an immigration judge.

8 ‘‘(B) The provisions of subparagraph (A) shall

9 not apply—

10 ‘‘(i) to an alien crewman,

11 ‘‘(ii) to an alien described in paragraph

12 (2)(A) or (2)(C), or

13 ‘‘(iii) if the conditions described in section

14 273(d) exist.

15 ‘‘(4) The decision of the examining immigration

16 officer, if favorable to the admission of any alien,

17 shall be subject to challenge by any other immigra18 tion officer and such challenge shall operate to take

19 the alien, whose privilege to enter is so challenged,

20 before an immigration judge for a hearing on exclu21 sion of the alien.

22 ‘‘(5) The Attorney General shall establish pro23 cedures that ensure that aliens are not specially ex24 cluded under paragraph (2)(A) without an inquiry
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1 into their reasons for seeking entry into the United

2 States.

3 ‘‘(6)(A) Subject to subparagraph (B), an alien

4 has not entered the United States for purposes of

5 this Act unless and until such alien has been in6 spected and admitted by an immigration officer pur7 suant to this subsection.

8 ‘‘(B) An alien who (i) is physically present in

9 the United States, (ii) has been physically present in

10 the United States for a continuous period of one

11 year, and (iii) has not been inspected and admitted

12 by an immigration officer may be said to have en13 tered the United States without inspection. Such an

14 alien is subject to deportation pursuant to section

15 241(a)(1)(B).’’.

16 SEC. 404. JUDICIAL REVIEW.

17 Section 235 of the Immigration and Nationality Act

18 (8 U.S.C. 1225) (as amended by section 732) is amended

19 by adding after subsection (c) the following new sub20 sections:

21 ‘‘(d) HABEAS CORPUS REVIEW.—Notwithstanding

22 any other provision of law, no court shall have jurisdiction

23 to review, except by petition for habeas corpus, any deter24 mination made with respect to an alien found excludable

25 pursuant to section 212(a)(6)(C)(iii) or section
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1 212(a)(7)(A)(i). In any such case, review by habeas corpus

2 shall be limited to examination of whether the petitioner

3 (1) is an alien, and (2) was ordered excluded from the

4 United States pursuant to section 235(b)(2).

5 ‘‘(e) OTHER LIMITS ON JUDICIAL REVIEW AND AC6 TION.—Notwithstanding any other provision of law, no

7 court shall have jurisdiction (1) to review the procedures

8 established by the Attorney General for the determination

9 of exclusion pursuant to section 212(a)(6)(C)(iii) or sec10 tion 212(a)(7)(A)(i), or (2) to enter declaratory or injunc11 tive relief with respect to the implementation of subsection

12 (b)(2). Regardless of the nature of the suit or claim, no

13 court shall have jurisdiction except by habeas corpus peti14 tion as provided in subsection (d) to consider the validity

15 of any adjudication or determination of special exclusion

16 or to provide declaratory or injunctive relief with respect

17 to the special exclusion of any alien.

18 ‘‘(f) COLLATERAL ENFORCEMENT PROCEEDINGS.—

19 In any action brought for the assessment of penalties for

20 improper entry or re-entry of an alien under section 275

21 or 276, no court shall have jurisdiction to hear claims col22 laterally attacking the validity of orders of exclusion, spe23 cial exclusion, or deportation entered under sections 235,

24 236, and 242.’’.
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1 SEC. 405. CONFORMING AMENDMENTS.

2 Section 237(a) of the Immigration and Nationality

3 Act (8 U.S.C. 1227(a)) is amended—

4 (1) in the second sentence of paragraph (1) by

5 striking out ‘‘Deportation’’ and inserting in lieu

6 thereof ‘‘Subject to section 235(b)(2), deportation’’;

7 and

8 (2) in the first sentence of paragraph (2) by

9 striking out ‘‘If’’ and inserting in lieu thereof ‘‘Sub10 ject to section 235(b)(2), if’’.

11 SEC. 406. EFFECTIVE DATE.

12 Except as otherwise provided, the amendments made

13 by this subtitle shall take effect on the date of the enact14 ment of this Act and shall apply to aliens who arrive in

15 or seek admission to the United States on or after such

16 date.

17 Subtitle B—Deportation of Alien

18 Terrorists

19 SEC. 411. REMOVAL OF ALIEN TERRORISTS.

20 The Immigration and Nationality Act (8 U.S.C. 1101

21 et seq.) is amended by inserting the following new section:

22 ‘‘REMOVAL OF ALIEN TERRORISTS

23 ‘‘SEC. 242C. (a) DEFINITIONS.—As used in this sec24 tion—

25 ‘‘(1) the term ‘alien terrorist’ means any alien

26 described in section 241(a)(4)(B);
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1 ‘‘(2) the term ‘classified information’ has the

2 same meaning as defined in section 1(a) of the Clas3 sified Information Procedures Act (18 U.S.C. App.

4 IV);

5 ‘‘(3) the term ‘national security’ has the same

6 meaning as defined in section 1(b) of the Classified

7 Information Procedures Act (18 U.S.C. App. IV);

8 ‘‘(4) the term ‘special court’ means the court

9 described in subsection (c) of this section; and

10 ‘‘(5) the term ‘special removal hearing’ means

11 the hearing described in subsection (e) of this sec12 tion.

13 ‘‘(b) APPLICATION FOR USE OF PROCEDURES.—The

14 provisions of this section shall apply whenever the Attor15 ney General certifies under seal to the special court that—

16 ‘‘(1) the Attorney General or Deputy Attorney

17 General has approved of the proceeding under this

18 section;

19 ‘‘(2) an alien terrorist is physically present in

20 the United States; and

21 ‘‘(3) removal of such alien terrorist by deporta22 tion proceedings described in sections 242, 242A, or

23 242B would pose a risk to the national security of

24 the United States because such proceedings would

25 disclose classified information.
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1 ‘‘(c) SPECIAL COURT.—(1) The Chief Justice of the

2 United States shall publicly designate up to 7 judges from

3 up to 7 United States judicial districts to hear and decide

4 cases arising under this section, in a manner consistent

5 with the designation of judges described in section 103(a)

6 of the Foreign Intelligence Surveillance Act (50 U.S.C.

7 1803(a)).

8 ‘‘(2) The Chief Justice may, in his discretion, des9 ignate the same judges under this section as are des10 ignated pursuant to 50 U.S.C. 1803(a).

11 ‘‘(d) INVOCATION OF SPECIAL COURT PROCE12 DURE.—(1) When the Attorney General makes the appli13 cation described in subsection (b), a single judge of the

14 special court shall consider the application in camera and

15 ex parte.

16 ‘‘(2) The judge shall invoke the procedures of sub17 section (e), if the judge determines that there is probable

18 cause to believe that—

19 ‘‘(A) the alien who is the subject of the applica20 tion has been correctly identified,

21 ‘‘(B) a deportation proceeding described in sec22 tions 242, 242A, or 242B would pose a risk to the

23 national security of the United States because such

24 proceedings would disclose classified information,

25 and
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1 ‘‘(C) the threat posed by the alien’s physical

2 presence is immediate and involves the risk of death

3 or serious bodily harm.

4 ‘‘(e) SPECIAL REMOVAL HEARING.—(1) Except as

5 provided in paragraph (4), the special removal hearing au6 thorized by a showing of probable cause described in sub7 section (d)(2) shall be open to the public.

8 ‘‘(2) The alien shall have a right to be present at such

9 hearing and to be represented by counsel. Any alien finan10 cially unable to obtain counsel shall be entitled to have

11 counsel assigned to represent such alien. Counsel may be

12 appointed as described in section 3006A of title 18, United

13 States Code.

14 ‘‘(3) The alien shall have a right to introduce evi15 dence on his own behalf, and except as provided in para16 graph (4), shall have a right to cross-examine any witness

17 or request that the judge issue a subpoena for the pres18 ence of a named witness.

19 ‘‘(4) The judge shall authorize the introduction in

20 camera and ex parte of any item of evidence for which

21 the judge determines that public disclosure would pose a

22 risk to the national security of the United States because

23 it would disclose classified information.
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1 ‘‘(5) With respect to any evidence described in para2 graph (4), the judge shall cause to be delivered to the alien

3 either—

4 ‘‘(A)(i) the substitution for such evidence of a

5 statement admitting relevant facts that the specific

6 evidence would tend to prove, or (ii) the substitution

7 for such evidence of a summary of the specific evi8 dence; or

9 ‘‘(B) if disclosure of even the substituted evi10 dence described in subparagraph (A) would create a

11 substantial risk of death or serious bodily harm to

12 any person, a statement informing the alien that no

13 such summary is possible.

14 ‘‘(6) If the judge determines—

15 ‘‘(A) that the substituted evidence described in

16 paragraph (4)(B) will provide the alien with sub17 stantially the same ability to make his defense as

18 would disclosure of the specific evidence, or

19 ‘‘(B) that disclosure of even the substituted evi20 dence described in paragraph (5)(A) would create a

21 substantial risk of death or serious bodily harm to

22 any person,

23 then the determination of deportation (described in sub24 section (f)) may be made pursuant to this section.
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1 ‘‘(f) DETERMINATION OF DEPORTATION.—(1) If the

2 determination in subsection (e)(6)(A) has been made, the

3 judge shall, considering the evidence on the record as a

4 whole, require that the alien be deported if the Attorney

5 General proves, by clear and convincing evidence, that the

6 alien is subject to deportation because he is an alien as

7 described in section 241(a)(4)(B).

8 ‘‘(2) If the determination in subsection (e)(6)(B) has

9 been made, the judge shall, considering the evidence re10 ceived (in camera and otherwise), require that the alien

11 be deported if the Attorney General proves, by clear, con12 vincing, and unequivocal evidence, that the alien is subject

13 to deportation because he is an alien as described in sec14 tion 241(a)(4)(B).

15 ‘‘(g) APPEALS.—(1) The alien may appeal a deter16 mination under subsection (f) to the court of appeals for

17 the Federal Circuit, by filing a notice of appeal with such

18 court within 20 days of the determination under such sub19 section.

20 ‘‘(2)(A) The Attorney General may appeal a deter21 mination under subsection (d), (e), or (f) to the court of

22 appeals for the Federal Circuit, by filing a notice of appeal

23 with such court within 20 days of the determination under

24 any one of such subsections.
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1 ‘‘(B) When requested by the Attorney General, the

2 entire record of the proceeding under this section shall be

3 transmitted to the court of appeals under seal. If the At4 torney General is appealing a determination under sub5 section (d) or (e), the court of appeals shall consider such

6 appeal in camera and ex parte.’’.

7 Subtitle C—Penalties for Engaging

8 in Terrorism

9 SEC. 421. PROVIDING MATERIAL SUPPORT TO TERRORISM.

10 (a) OFFENSE.—Chapter 113A of title 18, United

11 States Code, is amended by adding the following new sec12 tion:

13 ‘‘§ 2339A. Providing material support to terrorists

14 ‘‘Whoever, within the United States, provides mate15 rial support or resources or conceals of disguises the na16 ture, location, source, or ownership of material support or

17 resources, knowing or intending that they are to be used

18 to facilitate a violation of section 32, 36, 351, 844(f) or

19 (i), 1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281,

20 2331, or 2339 of this title, or section 902(i) of the Federal

21 Aviation Act of 1958, as amended (49 U.S.C. App.

22 1472(i)), or to facilitate the concealment or an escape

23 from the commission of any of the foregoing, shall be fined

24 under this title, imprisoned not more than 10 years, or

25 both. For purposes of this section, material support or re-
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1 sources shall include, but not be limited to, currency or

2 other financial securities, lodging, training, safehouses,

3 false documentation or identification, communications

4 equipment, facilities, weapons, lethal substances, explo5 sives, personnel, transportation, and other physical as6 sets.’’.

7 (b) CLERICAL AMENDMENT.—The analysis for chap8 ter 113A of title 18, United States Code, is amended by

9 adding the following:

‘‘2339A. Providing material support to terrorists.’’.

10 SEC. 422. SENTENCING GUIDELINES INCREASE FOR TER11 RORIST CRIMES.

12 The United States Sentencing Commission is directed

13 to amend its sentencing guidelines to provide an increase

14 of not less than three levels in the base offense level for

15 any felony, whether committed within or outside the Unit16 ed States, that involves or is intended to promote inter17 national terrorism, unless such involvement or intent is

18 itself an element of the crime.

19 SEC. 423. EXTENSION OF THE STATUTE OF LIMITATIONS

20 FOR CERTAIN TERRORISM OFFENSES.

21 (a) IN GENERAL.—Chapter 213 of title 18, United

22 States Code, is amended by inserting after section 2385

23 the following:
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1 ‘‘§ 3286. Extension of statute of limitations for certain

2 terrorism offenses

3 ‘‘Notwithstanding the provisions of section 3282, no

4 person shall be prosecuted, tried, or punished for any of5 fense involving a violation of section 32 (aircraft destruc6 tion), section 36 (airport violence), section 112 (assaults

7 upon diplomats), section 351 (crimes against Congress8 men or Cabinet officers), section 1116 (crimes against dip9 lomats), section 1203 (hostage taking), section 1361 (will10 ful injury to government property), section 1751 (crimes

11 against the President), section 2280 (maritime violence),

12 section 2281 (maritime platform violence), section 2331

13 (terrorist acts abroad against United States nationals),

14 section 2339 (use of weapons of mass destruction), or sec15 tion 2340A (torture) of this title or section 902(i), (j),

16 (k), (l), or (n) of the Federal Aviation Act of 1958, as

17 amended (49 U.S.C. App. 1572(i), (j), (k), (l), or (n)),

18 unless the indictment is found or the information is insti19 tuted within 10 years after such offense shall have been

20 committed.’’.

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

22 at the beginning of chapter 213 of title 18, United States

23 Code, is amended by inserting below the item for:

‘‘3285. Criminal contempt.’’

24 the following:

‘‘3286. Extension of statute of limitations for certain terrorism offenses.’’.
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1 SEC. 424. ENHANCED PENALTIES FOR CERTAIN OFFENSES.

2 (a) TITLE 50.—(1) Section 1705(b) of title 50, Unit3 ed States Code, is amended by replacing ‘‘$50,000’’ with

4 ‘‘$1,000,000’’.

5 (2) Section 1705(a) of title 50, United States Code,

6 is amended by replacing ‘‘$10,000’’ with ‘‘$1,000,000’’.

7 (b) TITLE 18.—(1) Section 1541 of title 18, United

8 States Code, is amended by replacing ‘‘$500’’ with

9 ‘‘$250,000’’ and by replacing ‘‘one year’’ with ‘‘five

10 years’’.

11 (2) Sections 1542, 1543, 1544 and 1546 of title 18,

12 United States Code, are each amended by replacing

13 ‘‘$2,000’’ with ‘‘$250,000’’ and by replacing ‘‘five years’’

14 with ‘‘ten years’’.

15 (3) Section 1545 of title 18, United States Code, is

16 amended by replacing ‘‘$2,000’’ with $250,000’’ and by

17 replacing ‘‘three years’ with ‘‘ten years’’.

18 SEC. 425. IMPLEMENTATION OF THE 1988 PROTOCOL FOR

19 THE SUPPRESSION OF UNLAWFUL ACTS OF

20 VIOLENCE AT AIRPORTS SERVING INTER21 NATIONAL CIVIL AVIATION.

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

23 Code, is amended by adding at the end the following:
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1 ‘‘§ 36. Violence at international airports

2 ‘‘(a) Whoever, in a circumstance described in sub3 section (b) of this section, unlawfully and intentionally,

4 using any device, substance or weapon—

5 ‘‘(1) performs an act of violence against a per6 son at an airport serving international civil aviation

7 which causes or is likely to cause serious injury or

8 death; or

9 ‘‘(2) destroys or seriously damages the facilities

10 of an airport serving international civil aviation or a

11 civil aircraft not in service located thereon or dis12 rupts the services of the airport;

13 if such an act endangers or is likely to endanger safety

14 at that airport, or attempts to do such an act, shall be

15 fined under this title or imprisoned not more than 20

16 years, or both, and if the death of any person results from

17 conduct prohibited by this subsection, shall be punished

18 by death or imprisoned for any term of years or for life.

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

20 of this section are—

21 ‘‘(1) the prohibited activity takes place in the

22 United States; or

23 ‘‘(2) the prohibited activity takes place outside

24 of the United States and the offender is later found

25 in the United States.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of chapter 2 of title 18, United States

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

‘‘36. Violence at international airports.’’.

4 (c) EFFECTIVE DATE.—This section shall take effect

5 on the later of—

6 (1) the date of the enactment of this Act; or

7 (2) the date the Protocol for the Suppression of

8 Unlawful Acts of Violence at Airports Serving Inter9 national Civil Aviation, Supplementary to the Con10 vention for the Suppression of Unlawful Acts

11 Against the Safety of Civil Aviation, done at Mon12 treal on 23 September 1971, has come into force

13 and the United States has become a party to the

14 Protocol.

15 SEC. 426. AMENDMENT TO FEDERAL AVIATION ACT.

16 Section 902(n) of the Federal Aviation Act of 1958

17 (49 U.S.C. App. 1472(n)) is amended by—

18 (1) striking out paragraph (3); and

19 (2) redesignating paragraph (4) as paragraph

20 (3).

21 SEC. 427. OFFENSES OF VIOLENCE AGAINST MARITIME

22 NAVIGATION OR FIXED PLATFORMS.

23 (a) OFFENSE.—Chapter 111 of title 18, United

24 States Code, is amended by adding at the end the follow25 ing:
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1 ‘‘§ 2280. Violence against maritime navigation

2 ‘‘(a) Whoever, in a circumstance described in sub3 section (c) of this section, unlawfully and intentionally—

4 ‘‘(1) seizes or exercises control over a ship by

5 force or threat thereof or any other form of intimi6 dation;

7 ‘‘(2) performs an act of violence against a per8 son on board a ship if that act is likely to endanger

9 the safe navigation of that ship;

10 ‘‘(3) destroys a ship or causes damage to a ship

11 or to its cargo which is likely to endanger the safe

12 navigation of that ship;

13 ‘‘(4) places or causes to be placed on a ship, by

14 any means whatsoever, a device or substance which

15 is likely to destroy that ship, or cause damage to

16 that ship or its cargo which endangers or is likely

17 to endanger the safe navigation of that ship;

18 ‘‘(5) destroys or seriously damages maritime

19 navigational facilities or seriously interferes with

20 their operation, if such act is likely to endanger the

21 safe navigation of a ship;

22 ‘‘(6) communicates information, knowing the

23 information to be false and under circumstances in

24 which such information may reasonably be believed,

25 thereby endangering the safe navigation of a ship;
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1 ‘‘(7) injures or kills any person in connection

2 with the commission or the attempted commission of

3 any of the offenses set forth in paragraphs (1) to

4 (6); or

5 ‘‘(8) attempts to do anything prohibited under

6 paragraphs (1) through (7);

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

8 20 years, or both, and if the death of any person results

9 from conduct prohibited by this subsection, shall be pun10 ished by death or imprisoned for any term of years or for

11 life.

12 ‘‘(b) Whoever threatens to engage in conduct prohib13 ited under paragraphs (2), (3) or (5) of subsection (a)

14 of this section, with apparent determination and will to

15 carry the threat into execution, if the threatened conduct

16 is likely to endanger the safe navigation of the ship in

17 question, shall be fined under this title or imprisoned not

18 more than five years, or both.

19 ‘‘(c) The circumstances referred to in subsection (a)

20 are—

21 ‘‘(1) in the case of a covered ship—

22 ‘‘(A) such activity is committed—

23 ‘‘(i) against or on board a ship flying

24 the flag of the United States at the time

25 the prohibited activity is committed;
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1 ‘‘(ii) in the United States; or

2 ‘‘(iii) by a national of the United

3 States or by a stateless person whose ha4 bitual residence is in the United States;

5 ‘‘(B) during the commission of such activ6 ity, a national of the United States is seized,

7 threatened, injured or killed; or

8 ‘‘(C) the offender is later found in the

9 United States after such activity is committed;

10 ‘‘(2) in the case of a ship navigating or sched11 uled to navigate solely within the territorial sea or

12 internal waters of a country other than the United

13 States, the offender is later found in the United

14 States after such activity is committed; and

15 ‘‘(3) in the case of any vessel, such activity is

16 committed in an attempt to compel the United

17 States to do or abstain from doing any act.

18 ‘‘(d) The master of a covered ship flying the flag of

19 the United States who has reasonable grounds to believe

20 that he has on board his ship any person who has commit21 ted an offense under Article 3 of the Convention for the

22 Suppression of Unlawful Acts Against the Safety of Mari23 time Navigation may deliver such person to the authorities

24 of a State Party to that Convention. Before delivering

25 such person to the authorities of another country, the
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1 master shall notify in an appropriate manner the Attorney

2 General of the United States of the alleged offense and

3 await instructions from the Attorney General as to what

4 action he should take. When delivering the person to a

5 country which is a State Party to the Convention, the mas6 ter shall, whenever practicable, and if possible before en7 tering the territorial sea of such country, notify the au8 thorities of such country of his intention to deliver such

9 person and the reason therefor. If the master delivers such

10 person, he shall furnish the authorities of such country

11 with the evidence in the master’s possession that pertains

12 to the alleged offense.

13 ‘‘(e) As used in this section, the term—

14 ‘‘(1) ‘ship’ means a vessel of any type whatso15 ever not permanently attached to the sea-bed, in16 cluding dynamically supported craft, submersibles or

17 any other floating craft, but such term does not in18 clude a warship, a ship owned or operated by a gov19 ernment when being used as a naval auxiliary or for

20 customs or police purposes, or a ship which has been

21 withdrawn from navigation or laid up;

22 ‘‘(2) ‘covered ship’ means a ship that is navi23 gating or is scheduled to navigate into, through or

24 from waters beyond the outer limit of the territorial
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1 sea of a single country or a lateral limit of that

2 country’s territorial sea with an adjacent country;

3 ‘‘(3) ‘national of the United States’ has the

4 meaning given such term in section 101(a)(22) of

5 the Immigration and Nationality Act (8 U.S.C.

6 1101(a)(22));

7 ‘‘(4) ‘territorial sea of the United States’ means

8 all waters extending seaward to 12 nautical miles

9 from the baselines of the United States determined

10 in accordance with international law; and

11 ‘‘(5) ‘United States’, when used in a geographi12 cal sense, includes the Commonwealth of Puerto

13 Rico, the Commonwealth of the Northern Marianas

14 Islands and all territories and possessions of the

15 United States.

16 ‘‘§ 2281. Violence against maritime fixed platforms

17 ‘‘(a) Whoever, in a circumstance described in sub18 section (c) of this section, unlawfully and intentionally—

19 ‘‘(1) seizes or exercises control over a fixed

20 platform by force or threat thereof or any other

21 form of intimidation;

22 ‘‘(2) performs an act of violence against a per23 son on board a fixed platform if that act is likely to

24 endanger its safety;
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1 ‘‘(3) destroys a fixed platform or causes dam2 age to it which is likely to endanger its safety;

3 ‘‘(4) places or causes to be placed on a fixed

4 platform, by any means whatsoever, a device or sub5 stance which is likely to destroy that fixed platform

6 or likely to endanger its safety;

7 ‘‘(5) injures or kills any person in connection

8 with the commission or the attempted commission of

9 any of the offenses set forth in paragraphs (1) to

10 (4); or

11 ‘‘(6) attempts to do anything prohibited under

12 paragraphs (1)–(5);

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

14 twenty years, or both; and if death results to any person

15 from conduct prohibited by this subsection, shall be pun16 ished by death or imprisoned for any term of years or for

17 life.

18 ‘‘(b) Whoever threatens to engage in conduct prohib19 ited under paragraphs (2) or (3) of subsection (a), with

20 apparent determination and will to carry the threat into

21 execution, if the threatened conduct is likely to endanger

22 the safety of the fixed platform, shall be fined under this

23 title or imprisoned not more than five years, or both.

24 ‘‘(c) The circumstances referred to in subsection (a)

25 are—
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1 ‘‘(1) such activity is committed against or on

2 board a fixed platform—

3 ‘‘(A) that is located on the continental

4 shelf of the United States;

5 ‘‘(B) that is located on the continental

6 shelf of another country, by a national of the

7 United States or by a stateless person whose

8 habitual residence is in the United States; or

9 ‘‘(C) in an attempt to compel the United

10 States to do or abstain from doing any act;

11 ‘‘(2) during the commission of such activity

12 against or on board a fixed platform located on a

13 continental shelf, a national of the United States is

14 seized, threatened, injured or killed; or

15 ‘‘(3) such activity is committed against or on

16 board a fixed platform located outside the United

17 States and beyond the continental shelf of the Unit18 ed States and the offender is later found in the

19 United States.

20 ‘‘(d) As used in this section, the term—

21 ‘‘(1) ‘continental shelf’ means the sea-bed and

22 subsoil of the submarine areas that extend beyond a

23 country’s territorial sea to the limits provided by

24 customary international law as reflected in Article

25 76 of the 1982 Convention on the Law of the Sea;
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1 ‘‘(2) ‘fixed platform’ means an artificial island,

2 installation or structure permanently attached to the

3 sea-bed for the purpose of exploration or exploitation

4 of resources or for other economic purposes;

5 ‘‘(3) ‘national of the United States’ has the

6 meaning given such term in section 101(a)(22) of

7 the Immigration and Nationality Act (8 U.S.C.

8 1101(a)(22));

9 ‘‘(4) ‘territorial sea of the United States’ means

10 all waters extending seaward to 12 nautical miles

11 from the baselines of the United States determined

12 in accordance with international law; and

13 ‘‘(5) ‘United States’, when used in a geographi14 cal sense, includes the Commonwealth of Puerto

15 Rico, the Commonwealth of the Northern Marianas

16 Islands and all territories and possessions of the

17 United States.’’.

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

19 at the beginning of chapter 111 of title 18, United States

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

‘‘2280. Violence against maritime navigation.

‘‘2281. Violence against maritime fixed platforms.’’.

21 (c) EFFECTIVE DATES.—This section shall take ef22 fect on the later of—

23 (1) the date of the enactment of this Act; or
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1 (2)(A) in the case of section 2280 of title 18,

2 United States Code, the date the Convention for the

3 Suppression of Unlawful Acts Against the Safety of

4 Maritime Navigation has come into force and the

5 United States has become a party to that Conven6 tion; and

7 (B) in the case of section 2281 of title 18,

8 United States Code, the date the Protocol for the

9 Suppression of Unlawful Acts Against the Safety of

10 Fixed Platforms Located on the Continental Shelf

11 has come into force and the United States has be12 come a party to that Protocol.

13 SEC. 428. WEAPONS OF MASS DESTRUCTION.

14 (a) OFFENSE.—Chapter 113A of title 18, United

15 States Code, is amended by adding at the end the follow16 ing:

17 ‘‘§ 2339. Use of weapons of mass destruction

18 ‘‘(a) Whoever uses, or attempts or conspires to use,

19 a weapon of mass destruction—

20 ‘‘(1) against a national of the United States

21 while such national is outside of the United States;

22 ‘‘(2) against any person within the United

23 States; or

24 ‘‘(3) against any property that is owned, leased

25 or used by the United States or by any department
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1 or agency of the United States, whether the property

2 is within or outside of the United States;

3 shall be imprisoned for any term of years or for life, and

4 if death results, shall be punished by death or imprisoned

5 for any term of years or for life.

6 ‘‘(b) For purposes of this section—

7 ‘‘(1) ‘national of the United States’ has the

8 meaning given in section 101(a)(22) of the Immigra9 tion and Nationality Act (8 U.S.C. 1101(a)(22));

10 and

11 ‘‘(2) ‘weapon of mass destruction’ means—

12 ‘‘(a) any destructive device as defined in

13 section 921 of this title;

14 ‘‘(b) poison gas;

15 ‘‘(c) any weapon involving a disease orga16 nism; or

17 ‘‘(d) any weapon that is designed to release

18 radiation or radioactivity at a level dangerous

19 to human life.’’.

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

21 at the beginning of chapter 113A of title 18, United States

22 Code, is amended by adding the following:

‘‘2339. Use of weapons of mass destruction.’’.
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1 SEC. 429. NATIONAL TASK FORCE ON

2 COUNTERTERRORISM.

3 (a) ESTABLISHMENT.—The President shall establish

4 a National Task Force on Counterterrorism comprised of

5 the following seven members: the Deputy Attorney Gen6 eral of the United States, the Deputy Director of Oper7 ations of the Central Intelligence Agency or the Deputy

8 Director of Central Intelligence, the Coordinator for Ter9 rorism of the Department of State, an Assistant Secretary

10 of Commerce as designated by the Secretary of Commerce,

11 the Secretary of Defense for Special Operations Low In12 tensity Conflict, the National Security Advisor or the Dep13 uty National Security Advisor for Special Operations Low

14 Intensity Conflict, and the Assistant Secretary of Treas15 ury for Enforcement. The Deputy Attorney General shall

16 serve as the Chairperson of the Task Force and shall co17 ordinate all antiterrorism activities of the intelligence com18 munity of the United States Government.

19 (b) DUTIES.—The National Task Force on

20 Counterterrorism shall—

21 (1) formulate a definition as to what constitutes

22 terrorism;

23 (2) define those intelligence assets dedicated for

24 collection of information on terrorism;
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1 (3) define the methods for the Task Force to be

2 the central processor and distributor of intelligence

3 on terrorism;

4 (4) outline all preventive and reactive policy is5 sues with regards to terrorism;

6 (5) define the methods for the Task Force to

7 have overall operational control for counterterrorist

8 and terrorist anti-proliferation operations, both overt

9 and covert;

10 (6) report to Congress no later than six months

11 after the date of enactment of this Act, and each 90

12 days thereafter for the remainder of the two-year pe13 riod beginning on such date, as to how the Task

14 Force will implement paragraphs (1) through (5) of

15 this section; and

16 (7) beginning 60 days after the date on which

17 the report is submitted under paragraph (6), imple18 ment paragraphs (1) through (5) in accordance with

19 the report.

20 (c) CHIEF AND DEPUTY CHIEF OF STAFF.—The Na21 tional Task Force on Counterterrorism shall have a chief

22 of staff and a deputy chief of staff who shall be appointed

23 by the task force. The chief of staff shall be paid at a

24 rate not to exceed the rate of basic pay payable for the

25 highest rate payable for the Senior Executive Service.
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1 SEC. 430. DEATH PENALTY FOR DEATH CAUSED BY THE

2 USE OF A BOMB OR OTHER DESTRUCTIVE

3 DEVICE.

4 Section 924 of title 18, United States Code, is

5 amended by adding at the end the following:

6 ‘‘(i) CAUSING DEATH THROUGH THE USE OF A

7 BOMB OR OTHER DESTRUCTIVE DEVICE.—

8 ‘‘(1) PENALTY.—

9 ‘‘(A) IN GENERAL.—Subject to subpara10 graph (B), a person who intentionally or with

11 reckless disregard for human life causes the

12 death of a person through the use of a bomb or

13 other destructive device shall be sentenced to

14 life imprisonment without release or to death if

15 it is determined that imposition of a sentence of

16 death is justified.

17 ‘‘(B) LIMITATION.—No person may be

18 sentenced to the death penalty who was less

19 than 18 years of age at the time of the of20 fense.’’.
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1 TITLE V—CRIMINAL ALIENS AND

2 ALIEN SMUGGLING

3 Subtitle A—Deportation of

4 Criminal Aliens

5 SEC. 501. EXPEDITING CRIMINAL ALIEN DEPORTATION AND

6 EXCLUSION.

7 (a) CONVICTED DEFINED.—Section 241(a)(2) of the

8 Immigration and Nationality Act (8 U.S.C. 1251(a)(2))

9 is amended by adding at the end the following new sub10 paragraph:

11 ‘‘(E) CONVICTED DEFINED.—In this para12 graph, the term ‘convicted’ means a judge or

13 jury has found the alien guilty or the alien has

14 entered a plea of guilty or nolo contendere,

15 whether or not the alien appeals therefrom.’’.

16 (b) DEPORTATION OF CONVICTED ALIENS.—

17 (1) IMMEDIATE DEPORTATION.—Section 242(h)

18 of such Act (8 U.S.C. 1252(h)) is amended—

19 (A) by striking ‘‘(h) An alien’’ and insert20 ing ‘‘(h)(1) Subject to paragraph (2), an alien’’;

21 and

22 (B) by adding at the end the following new

23 paragraph:

24 ‘‘(2) An alien sentenced to imprisonment may be de25 ported prior to the termination of such imprisonment by
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1 the release of the alien from confinement, if the Service

2 petitions the appropriate court or other entity with author3 ity concerning the alien to release the alien into the

4 custody of the Service for execution of an order of

5 deportation.’’.

6 (2) PROHIBITION OF REENTRY INTO THE

7 UNITED STATES.—Section 212(a)(2) of such Act (8

8 U.S.C. 1182(a)(2)) is amended—

9 (A) by redesignating subparagraph (F) as

10 subparagraph (G); and

11 (B) by inserting after subparagraph (E)

12 the following new subparagraph:

13 ‘‘(F) ALIENS DEPORTED BEFORE SERVING

14 MINIMUM PERIOD OF CONFINEMENT.—In addi15 tion to any other period of exclusion which may

16 apply an alien deported pursuant to section

17 242(h)(2) is excludable during the minimum pe18 riod of confinement to which the alien was sen19 tenced.’’.

20 (c) EXECUTION OF DEPORTATION ORDERS.—Section

21 242(i) of such Act (8 U.S.C. 1252(i)) is amended by add22 ing at the end the following: ‘‘An order of deportation may

23 not be executed until all direct appeals relating to the con24 viction which is the basis of the deportation order have

25 been exhausted.’’.
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1 SEC. 502. AUTHORIZING REGISTRATION OF ALIENS ON

2 CRIMINAL PROBATION OR CRIMINAL PA3 ROLE.

4 Section 263(a) of the Immigration and Nationality

5 Act (8 U.S.C. 1303(a)) is amended by striking ‘‘and (5)’’

6 and inserting ‘‘(5) aliens who are or have been on criminal

7 probation or criminal parole within the United States, and

8 (6)’’.

9 SEC. 503. EXPANSION IN DEFINITION OF ‘‘AGGRAVATED

10 FELONY’’.

11 (a) EXPANSION IN DEFINITION.—Section 101(a)(43)

12 of the Immigration and Nationality Act (8 U.S.C.

13 1101(a)(43)) is amended to read as follows:

14 ‘‘(43) The term ‘aggravated felony’ means—

15 ‘‘(A) murder;

16 ‘‘(B) any illicit trafficking in any con17 trolled substance (as defined in section 102 of

18 the Controlled Substances Act), including any

19 drug trafficking crime as defined in section

20 924(c) of title 18, United States Code;

21 ‘‘(C) any illicit trafficking in any firearms

22 or destructive devices as defined in section 921

23 of title 18, United States Code, or in explosive

24 materials as defined in section 841(c) of title

25 18, United States Code;
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1 ‘‘(D) any offense described in sections

2 1951 through 1963 of title 18, Untied States

3 Code;

4 ‘‘(E) any offense described in—

5 ‘‘(i) subsections (h) or (i) of section

6 842, title 18, United States Code, or sub7 section (d), (e), (f), (g), (h), or (i) of sec8 tion 844 of title 18, United States Code

9 (relating to explosive materials offenses),

10 ‘‘(ii) paragraph (1), (2), (3), (4), or

11 (5) of section 922(g), or section 922(j),

12 section 922(n), section 922(o), section

13 922(p), section 922(r), section 924(b), or

14 section 924(h) of title 18, United States

15 Code (relating to firearms offenses), or

16 ‘‘(iii) section 5861 of title 26, United

17 States Code (relating to firearms offenses);

18 ‘‘(F) any crime of violence (as defined in

19 section 16 of title 18, United States Code, not

20 including a purely political offense) for which

21 the term of imprisonment imposed (regardless

22 of any suspension of such imprisonment) is at

23 least 5 years;

24 ‘‘(G) any theft offense (including receipt of

25 stolen property) or any burglary offense, where
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1 a sentence of 5 years imprisonment or more

2 may be imposed;

3 ‘‘(H) any offense described in section 875,

4 section 876, section 877, or section 1202 of

5 title 18, United States Code (relating to the de6 mand for or receipt of ransom);

7 ‘‘(I) any offense described in section 2251,

8 section 2251A or section 2252 of title 18, Unit9 ed States Code (relating to child pornography);

10 ‘‘(J) any offense described in section 1084

11 of title 18, United States Code, where a sen12 tence of 5 years imprisonment or more may be

13 imposed;

14 ‘‘(K) any offense relating to commercial

15 bribery, counterfeiting, forgery or trafficking in

16 vehicles whose identification numbers have been

17 altered, where a sentence of 5 years imprison18 ment or more may be imposed;

19 ‘‘(L) any offense—

20 ‘‘(i) relating to the owning, control21 ling, managing or supervising of a pros22 titution business,

23 ‘‘(ii) described in section 2421

24 through 2424 of title 18, United States

25 Code, for commercial advantage, or
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1 ‘‘(iii) described in sections 1581

2 through 1585, or section 1588, of title 18,

3 United States Code (relating to peonage,

4 slavery, and involuntary servitude);

5 ‘‘(M) any offense relating to perjury or

6 subornation of perjury where a sentence of 5

7 years imprisonment or more may be imposed;

8 ‘‘(N) any offense described in—

9 ‘‘(i) section 793 (relating to gathering

10 or transmitting national defense informa11 tion), section 798 (relating to disclosure of

12 classified information), section 2153 (relat13 ing to sabotage) or section 2381 or section

14 2382 (relating to treason) of title 18, Unit15 ed States Code, or

16 ‘‘(ii) section 421 of title 50, United

17 States Code (relating to protecting the

18 identity of undercover intelligence agents);

19 ‘‘(O) any offense—

20 ‘‘(i) involving fraud or deceit where

21 the loss to the victim or victims exceeded

22 $200,000; or

23 ‘‘(ii) described in section 7201 of title

24 26, United States Code (relating to tax
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1 evasion), where the tax loss to the Govern2 ment exceeds $200,000;

3 ‘‘(P) any offense described in section

4 274(a)(1) of the Immigration and Nationality

5 Act (relating to alien smuggling) for the pur6 pose of commercial advantage;

7 ‘‘(Q) any violation of section 1546(a) of

8 title 18, United States Code (relating to docu9 ment fraud), for the purpose of commercial ad10 vantage; or

11 ‘‘(R) any offense relating to failing to ap12 pear before a court pursuant to a court order

13 to answer to or dispose of a charge of a felony,

14 where a sentence of 2 years or more may be im15 posed;

16 or any attempt or conspiracy to commit any such

17 act. Such term applies to offenses described in this

18 paragraph whether in violation of Federal or State

19 law and applies to such offenses in violation of the

20 laws of a foreign country for which the term of im21 prisonment was completed within the previous 15

22 years.’’.

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

24 this section shall apply to all convictions entered before,

25 on, or after the date of enactment of this Act.
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1 SEC. 504. DEPORTATION PROCEDURES FOR CERTAIN

2 CRIMINAL ALIENS WHO ARE NOT PERMA3 NENT RESIDENTS.

4 (a) ELIMINATION OF ADMINISTRATIVE HEARING FOR

5 CERTAIN CRIMINAL ALIENS.—Section 242A of the Immi6 gration and Nationality Act (8 U.S.C. 1252a) is amended

7 by adding at the end the following:

8 ‘‘(c) DEPORTATION OF ALIENS WHO ARE NOT PER9 MANENT RESIDENTS.—

10 ‘‘(1) Notwithstanding section 242, and subject

11 to paragraph (5), the Attorney General may issue a

12 final order of deportation against any alien described

13 in paragraph (2) whom the Attorney General deter14 mines to be deportable under section

15 241(a)(2)(A)(iii) (relating to conviction of an aggra16 vated felony).

17 ‘‘(2) An alien is described in this paragraph if

18 the alien—

19 ‘‘(A) was not lawfully admitted for perma20 nent residence at the time that proceedings

21 under this section commenced, or

22 ‘‘(B) had permanent resident status on a

23 conditional basis (as described in section 216)

24 at the time that proceedings under this section

25 commenced.
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1 ‘‘(3) The Attorney General may delegate the

2 authority in this section to the Commissioner or to

3 any District Director of the Service.

4 ‘‘(4) No alien described in this section shall be

5 eligible for—

6 ‘‘(A) any relief from deportation that the

7 Attorney General may grant in his discretion,

8 or

9 ‘‘(B) relief under section 243(h).

10 ‘‘(5) The Attorney General may not execute any

11 order described in paragraph (1) until 14 calendar

12 days have passed from the date that such order was

13 issued, in order that the alien has an opportunity to

14 apply for judicial review under section 106.’’.

15 (b) LIMITED JUDICIAL REVIEW.—Section 106 of the

16 Immigration and Nationality Act (8 U.S.C. 1105a) is

17 amended—

18 (1) in the first sentence of subsection (a), by in19 serting ‘‘or pursuant to section 242A’’ after ‘‘under

20 section 242(b)’’;

21 (2) in subsection (a)(1) and subsection (a)(3),

22 by inserting ‘‘(including an alien described in section

23 242A)’’ after ‘‘aggravated felony’’; and

24 (3) by adding at the end the following new sub25 section:
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1 ‘‘(d) Notwithstanding subsection (c), a petition for

2 review or for habeas corpus on behalf of an alien described

3 in section 242A(c) may only challenge whether the alien

4 is in fact an alien described in such section, and no court

5 shall have jurisdiction to review any other issue.’’.

6 (c) TECHNICAL AND CONFORMING CHANGES.—Sec7 tion 242A of the Immigration and Nationality Act (8

8 U.S.C. 1252a) is amended as follows:

9 (1) In subsection (a)—

10 (A) by striking ‘‘(a) IN GENERAL.—’’ and

11 inserting ‘‘(b) DEPORTATION OF PERMANENT

12 RESIDENT ALIENS.—(1) IN GENERAL.—’’; and

13 (B) by inserting in the first sentence ‘‘per14 manent resident’’ after ‘‘correctional facilities

15 for’’;

16 (2) In subsection (b)—

17 (A) by striking ‘‘(b) IMPLEMENTATION.—’’

18 and inserting ‘‘(2) IMPLEMENTATION.—’’; and

19 (B) by striking ‘‘respect to an’’ and insert20 ing ‘‘respect to a permanent resident’’;

21 (3) By striking out subsection (c);

22 (4) In subsection (d)—

23 (A) by striking ‘‘(d) EXPEDITED PRO24 CEEDINGS.—(1)’’ and inserting ‘‘(3) EXPE25 DITED PROCEEDINGS.—(A)’’;
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1 (B) by inserting ‘‘permanent resident’’

2 after ‘‘in the case of any’’; and

3 (C) by striking ‘‘(2)’’ and inserting ‘‘(B)’’;

4 (5) In subsection (e)—

5 (A) by striking ‘‘(e) REVIEW.—(1)’’ and

6 inserting ‘‘(4) REVIEW.—(A)’’;

7 (B) by striking the second sentence; and

8 (C) by striking ‘‘(2)’’ and inserting ‘‘(B)’’;

9 (6) By inserting after the section heading the

10 following new subsection:

11 ‘‘(a) PRESUMPTION OF DEPORTABILITY.—An alien

12 convicted of an aggravated felony shall be conclusively pre13 sumed to be deportable from the United States.’’; and

14 (7) The heading of such section is amended to

15 read as follows:

‘‘EXPEDITED DEPORTATION OF ALIENS CONVICTED OF

COMMITTING AGGRAVATED FELONIES’’.

16 (d) EFFECTIVE DATE.—The amendments made by

17 this section shall apply to all aliens against whom deporta18 tion proceedings are initiated after the date of enactment

19 of this Act.

20 SEC. 505. JUDICIAL DEPORTATION.

21 (a) JUDICIAL DEPORTATION.—Section 242A of the

22 Immigration and Nationality Act (8 U.S.C. 1252a) is

23 amended by inserting at the end the following new sub24 section:
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1 ‘‘(d) JUDICIAL DEPORTATION.—

2 ‘‘(1) AUTHORITY.—Notwithstanding any other

3 provision of this Act, a United States district court

4 shall have jurisdiction to enter a judicial order of de5 portation at the time of sentencing against an alien

6 whose criminal conviction causes such alien to be de7 portable under section 241(a)(2)(A)(iii) (relating to

8 conviction of an aggravated felony), if such an order

9 has been requested prior to sentencing by the United

10 States Attorney with the concurrence of the Com11 missioner.

12 ‘‘(2) PROCEDURE.—

13 ‘‘(A) The United States Attorney shall pro14 vide notice of intent to request judicial deporta15 tion promptly after the entry in the record of

16 an adjudication of guilt or guilty plea. Such no17 tice shall be provided to the court, to the alien,

18 and to the alien’s counsel of record.

19 ‘‘(B) Notwithstanding section 242B, the

20 United States Attorney, with the concurrence of

21 the Commissioner, shall file at least 20 days

22 prior to the date set for sentencing a charge

23 containing factual allegations regarding the

24 alienage of the defendant and satisfaction by
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1 the defendant of the definition of aggravated

2 felony.

3 ‘‘(C) If the court determines that the de4 fendant has presented substantial evidence to

5 establish prima facie eligibility for relief from

6 deportation under section 212(c), the Commis7 sioner shall provide the court with a rec8 ommendation and report regarding the alien’s

9 eligibility for relief under such section. The

10 court shall either grant or deny the relief

11 sought.

12 ‘‘(D)(i) The alien shall have a reasonable

13 opportunity to examine the evidence against

14 him or her, to present evidence on his or her

15 own behalf, and to cross-examine witnesses pre16 sented by the Government.

17 ‘‘(ii) The court, for the purposes of deter18 mining whether to enter an order described in

19 paragraph (1), shall only consider evidence that

20 would be admissible in proceedings conducted

21 pursuant to section 242(b).

22 ‘‘(iii) Nothing in this subsection shall limit

23 the information a court of the United States

24 may receive or consider for the purposes of im25 posing an appropriate sentence.
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1 ‘‘(iv) The court may order the alien de2 ported if the Attorney General demonstrates by

3 clear and convincing evidence that the alien is

4 deportable under this Act.

5 ‘‘(3) NOTICE, APPEAL, AND EXECUTION OF JU6 DICIAL ORDER OF DEPORTATION.—

7 ‘‘(A)(i) A judicial order of deportation or

8 denial of such order may be appealed by either

9 party to the court of appeals for the circuit in

10 which the district court is located.

11 ‘‘(ii) Except as provided in clause (iii),

12 such appeal shall be considered consistent with

13 the requirements described in section 106.

14 ‘‘(iii) Upon execution by the defendant of

15 a valid waiver of the right to appeal the convic16 tion on which the order of deportation is based,

17 the expiration of the period described in section

18 106(a)(1), or the final dismissal of an appeal

19 from such conviction, the order of deportation

20 shall become final and shall be executed at the

21 end of the prison term in accordance with the

22 terms of the order.

23 ‘‘(B) As soon as is practicable after entry

24 of a judicial order of deportation, the Commis25 sioner shall provide the defendant with written
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1 notice of the order or deportation, which shall

2 designate the defendant’s country of choice for

3 deportation and any alternate country pursuant

4 to section 243(a).

5 ‘‘(4) DENIAL OF JUDICIAL ORDER.—Denial of a

6 request for a judicial order of deportation shall not

7 preclude the Attorney General from initiating depor8 tation proceedings pursuant to section 242 upon the

9 same ground of deportability or upon any other

10 ground of deportability provided under section

11 241(a).’’.

12 (b) TECHNICAL AND CONFORMING CHANGES.—The

13 ninth sentence of section 242(b) of the Immigration and

14 Nationality Act (8 U.S.C. 1252(b)) is amended by striking

15 out ‘‘The’’ and inserting in lieu thereof, ‘‘Except as pro16 vided in section 242A(d), the’’.

17 (c) EFFECTIVE DATE.—The amendments made by

18 this section shall apply to all aliens whose adjudication of

19 guilt or guilty plea is entered in the record after the date

20 of enactment of this Act.

21 SEC. 506. RESTRICTING DEFENSES TO DEPORTATION FOR

22 CERTAIN CRIMINAL ALIENS.

23 (a) DEFENSES BASED ON SEVEN YEARS OF PERMA24 NENT RESIDENCE.—The last sentence of section 212(c)

25 of the Immigration and Nationality Act (8 U.S.C.
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1 1182(c)) is amended by striking out ‘‘has served for such

2 felony or felonies’’ and all that follows through the period

3 and inserting in lieu thereof ‘‘has been sentenced for such

4 felony or felonies to a term of imprisonment of at least

5 5 years, provided that the time for appealing such convic6 tion or sentence has expired and the sentence has become

7 final.’’.

8 (b) DEFENSES BASED ON WITHHOLDING OF DEPOR9 TATION.—Section 243(h)(2) of the Immigration and Na10 tionality Act (8 U.S.C. 1253(h)(2)) is amended by—

11 (1) striking out the final sentence and inserting

12 in lieu thereof the following new subparagraph:

13 ‘‘(E) the alien has been convicted of an ag14 gravated felony.’’; and

15 (2) striking out the ‘‘or’’ at the end of subpara16 graph (C) and inserting ‘‘or’’ at the end of subpara17 graph (D).

18 SEC. 507. ENHANCING PENALTIES FOR FAILING TO DE19 PART, OR REENTERING, AFTER FINAL ORDER

20 OF DEPORTATION.

21 (a) FAILURE TO DEPART.—Section 242(e) of the Im22 migration and Nationality Act (8 U.S.C. 1252(e)) is

23 amended—

24 (1) by striking out ‘‘paragraph (2), (3), or 4

25 of’’ the first time it appears, and
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1 (2) by striking out ‘‘shall be imprisoned not

2 more than ten years’’ and inserting in lieu thereof,

3 ‘‘shall be imprisoned not more than two years, or

4 shall be imprisoned not more than ten years if the

5 alien is a member of any of the classes described in

6 paragraph (2), (3), or (4) of section 241(a).’’.

7 (b) REENTRY.—Section 276(b) of the Immigration

8 and Nationality Act (8 U.S.C. 1326(b)) is amended—

9 (1) in paragraph (1), by (A) inserting after

10 ‘‘commission of’’ the following: ‘‘three or more mis11 demeanors or’’, and (B) striking out ‘‘5’’ and insert12 ing in lieu thereof ‘‘10’’,

13 (2) in paragraph (2), by striking out ‘‘15’’ and

14 inserting in lieu thereof ‘‘20’’, and

15 (3) by adding at the end the following sentence:

16 ‘‘For the purposes of this subsection, the term ‘depor17 tation’ shall include any agreement where an alien stipu18 lates to deportation during a criminal trial under either

19 Federal or State law.’’.

20 (c) COLLATERAL ATTACKS ON UNDERLYING DEPOR21 TATION ORDER.—Section 276 of the Immigration and Na22 tionality Act (8 U.S.C. 1326) is amended by inserting

23 after subsection (b) the following new subsection:

24 ‘‘(c) In any criminal proceeding under this section,

25 no alien may challenge the validity of the deportation
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1 order described in subsection (a)(1) or subsection (b) un2 less the alien demonstrates—

3 ‘‘(1) that the alien exhausted the administrative

4 remedies (if any) that may have been available to

5 seek relief against such order,

6 ‘‘(2) that the deportation proceedings at which

7 such order was issued improperly deprived the alien

8 of the opportunity for judicial review, and

9 ‘‘(3) that the entry of such order was fun10 damentally unfair.’’.

11 SEC. 508. MISCELLANEOUS AND TECHNICAL CHANGES.

12 (a) FORM OF DEPORTATION HEARINGS.—The sec13 ond sentence of section 242(b) of the Immigration and

14 Nationality Act (8 U.S.C. 1252(b)) is amended by insert15 ing before the period the following: ‘‘; except that nothing

16 in this subsection shall preclude the Attorney General

17 from authorizing proceedings by electronic or telephonic

18 media (with or without the consent of the alien) or, where

19 waived or agreed to by the parties, in the absence of the

20 alien.’’.

21 (b) CONSTRUCTION OF EXPEDITED DEPORTATION

22 REQUIREMENTS.— No amendment made by this Act and

23 nothing in section 242(i) of the Immigration and Nation24 ality Act (8 U.S.C. 1252(i)), shall be construed to create

25 any right or benefit, substantive or procedural, which is
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1 legally enforceable by any party against the United States,

2 its agencies, its officers or any other person.

3 SEC. 509. AUTHORIZATION OF APPROPRIATIONS FOR

4 CRIMINAL ALIEN INFORMATION SYSTEM.

5 There is authorized to be appropriated to carry out

6 section 242(a)(3)(A) of the Immigration and Nationality

7 Act, $5,000,000 for fiscal year 1994 and $2,000,000 for

8 each of the fiscal years 1995, 1996, 1997, and 1998.

9 Subtitle B—Prevention and

10 Punishment of Alien Smuggling

11 SECTION 511. BORDER PATROL AGENTS.

12 In addition to such amounts as are otherwise author13 ized to be appropriated, there is authorized to be appro14 priated for each of the fiscal years 1994, 1995, 1996,

15 1997, 1998, for salaries and expenses of the Border Patrol

16 such amounts as may be necessary to provide for an in17 crease in the number of agents of the Border Patrol by

18 3,000 full-time equivalent agent positions beyond the

19 number of such positions at the Border Patrol on July

20 1, 1993.

21 SEC. 512. BORDER PATROL INVESTIGATORS.

22 In addition to such amounts as are otherwise author23 ized to be appropriated, there is authorized to be appro24 priated for each of the fiscal years 1994, 1995, 1996,

25 1997, 1998, for salaries and expenses of the Border Patrol
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1 such amounts as may be necessary to provide for an in2 crease in the number of investigators of the Border Patrol

3 by 1,000 full-time equivalent investigator positions beyond

4 the number of such positions at the Border Patrol on July

5 1, 1993.

6 SEC. 513. INCLUDING ALIEN SMUGGLING AS A RACKETEER7 ING ACTIVITY FOR PURPOSES OF RACK8 ETEERING INFLUENCED AND CORRUPT OR9 GANIZATIONS (RICO) ENFORCEMENT AU10 THORITY.

11 Section 1961(1) of title 18, United States Code, is

12 amended—

13 (1) by striking ‘‘or’’ before ‘‘(E) any act’’, and

14 (2) by inserting before the period at the end the

15 following: ‘‘, or (F) any act which is indictable under

16 section 274(a)(1) of the Immigration and National17 ity Act (relating to alien smuggling)’’.

18 SEC. 514. ENHANCED PENALTIES FOR EMPLOYERS WHO

19 KNOWINGLY EMPLOY SMUGGLED ALIENS.

20 (a) ADDITIONAL CRIMINAL PENALTY.—Section

21 274(a)(1) (8 U.S.C. 1324(a)(1)) is amended—

22 (1) by striking ‘‘or’’ at the end of subparagraph

23 (C),

24 (2) by striking the comma at the end of sub25 paragraph (D) and inserting ‘‘; or’’,
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1 (3) by inserting after subparagraph (D) the fol2 lowing:

3 ‘‘(E) contracts or agrees with another party for

4 that party to provide, for employment by the person

5 or another, an alien who is not authorized to be em6 ployed in the United States, knowing that such

7 party intends to cause such alien to be brought into

8 the United States in violation of the laws of the

9 United States,’’, and

10 (4) by striking ‘‘five years’’ and inserting ‘‘ten

11 years’’.

12 (b) TREATMENT OF SMUGGLING AS AN AGGRAVATED

13 FELONY.—The first sentence of section 101(a)(43) (8

14 U.S.C. 1101(a)(43)) is amended by inserting ‘‘or any of15 fense under section 274(a)’’ before ‘‘for which the term

16 of imprisonment’’.

17 SEC. 515. ENHANCED PENALTIES FOR CERTAIN ALIEN

18 SMUGGLING.

19 Section 274(a)(1) of the Immigration and Nationality

20 Act (8 U.S.C. 1324(a)(1)) is amended by striking ‘‘five

21 years’’ and inserting ‘‘ten years’’.

22 SEC. 516. EXPANDED FORFEITURE FOR SMUGGLING OR

23 HARBORING ILLEGAL ALIENS.

24 Subsection 274(b) of the Immigration and National25 ity Act (8 U.S.C. 1324(b)) is amended—
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1 (1) by amending paragraph (1) to read as fol2 lows:

3 ‘‘(b) SEIZURE AND FORFEITURE.—(1) Any property,

4 real or personal, which facilitates or is intended to facili5 tate, or which has been used in or is intended to be used

6 in the commission of a violation of subsection (a) or of

7 sections 274A(a)(1) or 274A(a)(2), or which constitutes

8 or is derived from or traceable to the proceeds obtained

9 directly or indirectly from a commission of a violation of

10 subsection (a), shall be subject to seizure and forfeiture,

11 except that—

12 ‘‘(A) no property, used by any person as a com13 mon carrier in the transaction of business as a com14 mon carrier shall be forfeited under the provisions of

15 this section unless it shall appear that the owner or

16 other person in charge of such property was a con17 senting party or privy to the illegal act;

18 ‘‘(B) no property shall be forfeited under the

19 provisions of this section by reason of any act or

20 omission established by the owner thereof to have

21 been committed or omitted by any person other than

22 such owner while such property was unlawfully in

23 the possession of a person other than the owner in

24 violation of the criminal laws of the United States

25 or of any State; and
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1 ‘‘(C) no property shall be forfeited under this

2 paragraph to the extent of an interest of any owner,

3 by reason of any act or omission established by that

4 owner to have been committed or omitted without

5 the knowledge or consent of the owner, unless such

6 action or omission was committed by an employee or

7 agent of the owner, and facilitated or was intended

8 to facilitate, or was used in or intended to be used

9 in, the commission of a violation of subsection (a) or

10 of section 274A(a)(1) or 274A(a)(2) which was com11 mitted by the owner or which intended to further the

12 business interests of the owner, or to confer any

13 other benefit upon the owner.’’.

14 (2) in paragraph (2)—

15 (A) by striking ‘‘conveyance’’ both places it

16 appears and inserting in lieu thereof ‘‘prop17 erty’’; and

18 (B) by striking ‘‘is being used in’’ and in19 serting in lieu thereof ‘‘is being used in, is fa20 cilitating, has facilitated, or was intended to fa21 cilitate’’;

22 (3) in paragraphs (4) and (5) by striking ‘‘a

23 conveyance’’ and ‘‘conveyance’’ each place such

24 phrase or word appears and inserting in lieu thereof

25 ‘‘property’’; and
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1 (4) in paragraph (4) by—

2 (A) striking ‘‘or’’ at the end of subpara3 graph (C),

4 (B) by striking the period at the end of

5 subparagraph (D) and inserting ‘‘; or’’, and

6 (C) by inserting at the end the following

7 new subparagraph:

8 ‘‘(E) transfer custody and ownership of

9 forfeited property to any Federal, State, or

10 local agency pursuant to the Tariff Act of

11 1930, as amended (19 U.S.C. 1616a(c)).’’.

12 TITLE VI—TAKING CRIMINALS

13 OFF THE STREET

14 Subtitle A—Expanding Prison

15 Capacity

16 SEC. 601. USE OF PRIVATE ACTIVITY BONDS.

17 (a) IN GENERAL.—Subsection (a) of section 142 of

18 the Internal Revenue Code of 1986 (defining exempt facil19 ity bond) is amended by striking ‘‘or’’ at the end of para20 graph (11), by striking the period at the end of paragraph

21 (12) and inserting ‘‘, or’’, and by adding at the end thereof

22 the following new paragraph:

23 ‘‘(13) correctional facilities.’’
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1 (b) DEFINITION.—Section 142 of such Code is

2 amended by adding at the end thereof the following new

3 subsection:

4 ‘‘(k) CORRECTIONAL FACILITIES.—For purposes of

5 subsection (a)(13), the term ‘correctional facilities’ means

6 facilities for the confinement or rehabilitation of offenders

7 or individuals charged with or convicted of criminal of8 fenses, including prisons, jails, detention centers and drug

9 and alcohol rehabilitation centers. Correctional facilities

10 shall be treated in all events as serving the general pub11 lic.’’

12 (c) EFFECTIVE DATE.—The amendments made by

13 this section shall apply to obligations issued after the date

14 of the enactment of this Act.

15 SEC. 602. FEDERAL-STATE PARTNERSHIPS FOR REGIONAL

16 PRISONS.

17 (a) CREATED BY ATTORNEY GENERAL.—The Attor18 ney General shall—

19 (1) establish a Regional Prison Task Force

20 comprised of—

21 (A) the Director of the Federal Bureau of

22 Prisons; and

23 (B) a senior correctional officer of each

24 State wishing to participate, who is designated
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1 for this purpose by the Governor of the State;

2 and

3 (2) create a plan, in consultation with the Re4 gional Prison Task Force for the establishment of a

5 nationwide regional prison system, and report that

6 plan to the Committees on the Judiciary and Appro7 priations of the House of Representatives and the

8 Senate not later than 180 days after the date of the

9 enactment of this Act.

10 (b) SCOPE OF PLAN.—The plan shall—

11 (1) define the boundaries and number of re12 gions in which regional prisons will be placed;

13 (2) establish the terms of the partnership

14 agreements that States must enter into with the At15 torney General in order to participate in the regional

16 prison system;

17 (3) set forth the extent of the role of the Fed18 eral Bureau of Prisons in administering the prisons;

19 (4) determine the way 2 or more States in a re20 gion will share responsibility for the activities associ21 ated with the regional prisons; and

22 (5) specify both the Federal responsibility and

23 the State responsibility (which shall not be less than

24 50 percent) for construction costs and operating

25 costs of the regional prisons.
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1 (c) STATE ELIGIBILITY.—No State may send any

2 prisoner to be held at a regional prison established under

3 this section unless such State, as determined by the Attor4 ney General—

5 (1) enters into a partnership agreement under

6 subsection (a) and abides substantially by its terms;

7 (2) establishes minimum mandatory sentences

8 of 10 years for persons who are convicted of a seri9 ous felony and are subsequently convicted of a crime

10 of violence involving the use of a firearm or a crime

11 of violence involving a sexual assault;

12 (3) establishes a truth in sentencing policy

13 under which offenders will serve no less than 85 per14 cent of the term of imprisonment to which they are

15 sentenced—

16 (A) after the date the State enters into the

17 partnership agreement, with respect to crimes

18 of violence involving the use of a firearm or a

19 crime of violence involving a sexual assault; and

20 (B) after a date set by the State which is

21 not later than 2 years after that State enters

22 into such agreement, with respect to all other

23 crimes of violence and serious drug trafficking

24 offenses;
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1 (4) provides pretrial detention similar to that

2 provided in the Federal system under section 3142

3 of title 18, United States Code;

4 (5) takes steps to eliminate court imposed limi5 tations on its prison capacity resulting from consent

6 decrees or statutory provisions; and

7 (6) provides adequate assurances that—

8 (A) such State will not use the regional

9 prison system to supplant any part of its own

10 system; and

11 (B) funds provided by the State for the

12 construction of regional prisons under this sec13 tion will be in addition to what would otherwise

14 have been made available for the construction

15 and operation of prisons by the State.

16 (d) PRISONER ELIGIBILITY.—A State which is eligi17 ble under this section may send prisoners convicted of

18 State crimes to serve their prison sentence in the regional

19 prison established under this section if—

20 (1) the prisoner has been convicted of not less

21 than 2 crimes of violence or serious drug trafficking

22 offenses and then commits a crime of violence in23 volving the use of a firearm or a crime of violence

24 involving a sexual assault; or
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1 (2) the prisoner is an illegal alien convicted of

2 a felony offense punishable by more than 1 year’s

3 imprisonment.

4 (e) DEFINITIONS.—As used in this section—

5 (1) the term ‘‘crime of violence’’ is a felony of6 fense that is—

7 (A) punishable by imprisonment for a term

8 exceeding one year; and

9 (B) a crime of violence as defined in sec10 tion 16 of title 18, United States Code;

11 (2) the term ‘‘serious drug trafficking offense’’

12 is a felony offense that is—

13 (A) punishable by imprisonment for a term

14 exceeding one year; and

15 (B) defined in section 924(e)(2)(A) of title

16 18, United States Code;

17 (3) the term ‘‘serious felony’’ means a felony

18 punishable by imprisonment for a term exceeding 1

19 year, or any act of juvenile delinquency involving the

20 use or carrying of a firearm, knife, or destructive de21 vice that would be punishable by imprisonment for

22 such term if committed by an adult, that—

23 (A) has as an element the use, attempted

24 use, or threatened use of physical force against

25 the person of another;
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1 (B) is burglary, arson, or extortion, in2 volves use of explosives, or otherwise involves

3 conduct that presents a serious potential risk of

4 physical injury to another; or

5 (C) involves conduct in violation of section

6 401 of the Controlled Substances Act that con7 sists of illegal distribution of a controlled sub8 stance;

9 (4) the term ‘‘crime of violence involving a sex10 ual assault’’ is a crime of violence that is an offense

11 as defined in chapter 109A of title 18, United States

12 Code; and

13 (5) the term ‘‘State’’ includes the District of

14 Columbia, Puerto Rico, and any other territory or

15 possession of the United States.

16 (f) REGIONAL PRISON FUND.—There is established

17 in the Treasury the Regional Prison Fund. The Regional

18 Prison Fund shall consist of—

19 (1) sums appropriated to it by Act of Congress;

20 (2) notwithstanding section 1401 of the Victims

21 of Crime Act of 1984 (42 U.S.C. 10601) or any

22 other provision of law, the total of criminal fines de23 posited in the Crime Victims Fund during each fis24 cal year (beginning after the date of the enactment

25 of this Act) that exceeds $150,000,000; and
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1 (3) notwithstanding any other provision of law,

2 any portion of the Department of Justice Asset For3 feiture Fund that the Attorney General determines

4 is remaining after distributions of—

5 (A) funds to be shared with State and

6 local law enforcement;

7 (B) funds to pay warehouse and appraisal

8 fees and innocent lien holders; and

9 (C) funds for Federal law enforcement.

10 (g) TRANSFERS.—The Secretary of the Treasury

11 shall from time to time make appropriate transfers be12 tween funds to implement subsection (f).

13 (h) USE OF REGIONAL PRISON FUND.—The Attor14 ney General may use any sums in the Regional Prison

15 Fund to carry out this section.

16 (i) AUTHORIZATION OF APPROPRIATIONS.—There

17 are authorized to be appropriated to the Regional Prison

18 Fund—

19 (1) $1,000,000,000 for each of fiscal years

20 1994 through 1996; and

21 (2) such sums as may be necessary thereafter

22 through fiscal year 2004.
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1 SEC. 603. NON-APPLICABILITY OF DAVIS-BACON TO PRISON

2 CONSTRUCTION.

3 (a) FEDERAL PRISON CONSTRUCTION.—Section 1 of

4 the Davis-Bacon Act of March 3, 1991 (46 Stat. 1494,

5 as amended, 40 U.S.C. 276a) is amended by adding at

6 the end the following new subsection:

7 ‘‘(c) The requirements of this section shall not apply

8 to contracts for construction, alteration, and/or repair of

9 institutions used to incarcerate persons held under author10 ity of any enactment of Congress.’’.

11 (d) EFFECTIVE DATE.—The amendment made by

12 subsection (a) shall become effective on the date of enact13 ment of this Act.

14 Subtitle B—Miscellaneous

15 SEC. 611. RESTRICTED FEDERAL COURT JURISDICTION IN

16 IMPOSING REMEDIES ON STATE AND FED17 ERAL PRISON SYSTEMS.

18 (a) IN GENERAL.—Title 28, United States Code is

19 amended by inserting after chapter 176 the following new

20 chapter:

21 ‘‘CHAPTER 177—ACTIONS CHALLENGING

22 CONDITIONS OF CONFINEMENT

‘‘Sec.

‘‘3401. Limitations on remedies.

‘‘3402. Consent decrees.

‘‘3403. Modification of orders or decrees.
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1 ‘‘§ 3401. Limitations on remedies

2 ‘‘(a)(1) If the district court, in any action challenging

3 the constitutionality of conditions of confinement in any

4 prison, jail, detention facility, or other correctional institu5 tion housing persons accused or convicted of a crime or

6 juveniles adjudicated delinquent, finds that one or more

7 conditions of confinement are in violation of the United

8 States Constitution, the court shall narrowly tailor any re9 lief to fit the nature and extent of the violations and shall

10 make the order no more intrusive than absolutely nec11 essary to ensure that the violations are remedied. The

12 court shall have no jurisdiction—

13 ‘‘(A) to impose a ceiling on the population of

14 any institution or to require any adjustment of the

15 release dates of inmates; or

16 ‘‘(B) to prohibit the use of tents or prefab17 ricated structures for housing inmates.

18 ‘‘§ 3402. Consent decrees

19 ‘‘(a) No consent decree in any action challenging the

20 constitutionality of conditions of confinement in any pris21 on, jail, detention facility, or other correctional institution

22 housing persons accused or convicted of a crime or juve23 niles adjudicated delinquent shall provide relief greater

24 than the minimum required to bring the conditions of con25 finement into substantial compliance with the United

26 States Constitution.
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1 ‘‘(b) In entering a consent decree, the court shall

2 make a written finding that the relief provided in the de3 cree is no greater than the minimum required to bring

4 the conditions of confinement into substantial compliance

5 with the United States Constitution. If it appears to the

6 court that the relief provided in the decree is greater than

7 the minimum required, the court may recommend changes

8 in the decree.

9 ‘‘§ 3403. Modification of orders or decrees

10 ‘‘(a)(1) Upon motion of a defendant at any time, the

11 court may conduct a hearing on whether an order or de12 cree described in section 3401 or 3402 of this title should

13 be modified in light of—

14 ‘‘(A) changed factual circumstances affecting

15 the operation of the order or decree, whether or not

16 foreseeable;

17 ‘‘(B) a change or clarification of the governing

18 law, whether or not foreseeable;

19 ‘‘(C) a succession in office of an official respon20 sible for having consented to a decree;

21 ‘‘(D) the government’s financial constraints or

22 any other matter affecting public safety or the pub23 lic interest; or

24 ‘‘(E) any ground provided in Rule 60(b) of the

25 Federal Rules of Civil Procedure.
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1 ‘‘(2) The court shall conduct such a hearing if the

2 motion was filed more than one year after the date of the

3 order or decree or the date on which the last previous

4 modification hearing was conducted, whichever is later.

5 ‘‘(b) If the court denies a motion to modify an order

6 or consent decree under subsection (a) of this section, the

7 court shall make a written finding that the relief provided

8 in the order or decree, as of the date of decision, is no

9 greater than the minimum required to bring the conditions

10 of confinement into substantial compliance with the

11 United States Constitution.’’.

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

13 at the beginning of part VI of title 28, United States Code,

14 is amended by inserting after the item relating to chapter

15 176 the following:

‘‘177. Actions Challenging Conditions of Confinement ....... 3401’’.

16 TITLE VII—PUNISHMENT AND

17 DETERRENCE

18 Subtitle A—Capital Offenses

19 SEC. 701. PROCEDURES FOR ENFORCING DEATH PENALTY.

20 Title 18 of the United States Code is Amended—

21 (1) by adding the following new chapter after

22 chapter 227:

23 ‘‘CHAPTER 228—DEATH PENALTY

24 PROCEDURES

‘‘Sec.
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‘‘3591. Sentence of death.

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

justified.

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

‘‘3594. Imposition of a sentence of death.

‘‘3595. Review of a sentence of death.

‘‘3596. Implementation of a sentence of death.

‘‘3597. Use of State facilities.

‘‘3598. Appointment of counsel.

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

‘‘3600. Application in Indian country.

1 ‘‘§ 3591. Sentence of death

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

3 ‘‘(1) an offense described in section 794 or sec4 tion 2381 of this title;

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

6 this title if the offense, as determined beyond a rea7 sonable doubt at a hearing under section 3593, con8 stitutes an attempt to murder the President of the

9 United States and results in bodily injury to the

10 President or comes dangerously close to causing the

11 death of the President;

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

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

14 848(c)(1)), committed as part of a continuing crimi15 nal enterprise offense under the conditions described

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

17 less than twice the quantity of controlled substance

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

19 receipts described in subsection (b)(2)(B);
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1 ‘‘(4) an offense referred to in section 408(c)(1)

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

3 848(c)(1)), committed as part of a continuing crimi4 nal enterprise offense under that section, where the

5 defendant is a principal administrator, organizer, or

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

7 order to obstruct the investigation or prosecution of

8 the enterprise or an offense involved in the enter9 prise, attempts to kill or knowingly directs, advises,

10 authorizes, or assists another to attempt to kill any

11 public officer, juror, witness, or members of the fam12 ily or household of such a person;

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

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

15 seq.) or the Controlled Substances Import and Ex16 port Act (21 U.S.C. 951 et seq.), or the Maritime

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

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

19 death or acting with reckless disregard for human

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

21 another person results in the course of the violation

22 or from the use of the controlled substance involved

23 in the violation; or

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

25 death is provided, if the defendant, as determined
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1 beyond a reasonable doubt at a hearing under sec2 tion 3593, caused the death of a person inten3 tionally, knowingly, or through recklessness mani4 festing extreme indifference to human life, or caused

5 the death of a person through the intentional inflic6 tion of serious bodily injury;

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

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

9 held pursuant to section 3593, it is determined that impo10 sition of a sentence of death is justified. However, no per11 son may be sentenced to death who was less than eighteen

12 years of age at the time of the offense.

13 ‘‘§ 3592. Factors to be considered in determining

14 whether to recommend a sentence of

15 death

16 ‘‘(a) MITIGATING FACTORS.—In determining wheth17 er to recommend a sentence of death, the jury, or if there

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

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

20 any circumstance of the offense that the defendant may

21 proffer as a mitigating factor exists, including the follow22 ing:

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

24 mental capacity to appreciate the wrongfulness of
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1 his conduct or to conform his conduct to the require2 ments of law was significantly impaired.

3 ‘‘(2) DURESS.—The defendant was under un4 usual and substantial duress.

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

6 defendant’s participation in the offense, which was

7 committed by another, was relatively minor.

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

9 The defendant did not have a significant history of

10 other criminal conduct.

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

12 the offense under severe mental or emotional dis13 turbance.

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

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

16 death.

17 ‘‘(b) AGGRAVATING FACTORS FOR ESPIONAGE AND

18 TREASON.—In determining whether to recommend a sen19 tence of death for an offense described in section 3591(1),

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

21 any aggravating factor for which notice has been provided

22 under section 3593 of this title, including the following

23 factors:

24 ‘‘(1) PREVIOUS ESPIONAGE OR TREASON CON25 VICTION.—The defendant has previously been con-
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1 victed of another offense involving espionage or trea2 son for which a sentence of life imprisonment or

3 death was authorized by statute.

4 ‘‘(2) RISK OF SUBSTANTIAL DANGER TO NA5 TIONAL SECURITY.—In the commission of the of6 fense the defendant knowingly created a grave risk

7 to the national security.

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

9 commission of the offense the defendant knowingly

10 created a grave risk of death to another person.

11 ‘‘(c) AGGRAVATING FACTORS FOR HOMICIDE AND

12 FOR ATTEMPTED MURDER OF THE PRESIDENT.—In de13 termining whether to recommend a sentence of death for

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

15 3591 of this title, the jury, or if there is no jury, the court,

16 shall consider any aggravating factor for which notice has

17 been provided under section 3593 of this title, including

18 the following factors:

19 ‘‘(1) CONDUCT OCCURRED DURING COMMISSION

20 OF SPECIFIED CRIMES.—The conduct resulting in

21 death occurred during the commission or attempted

22 commission of, or during the immediate flight from

23 the commission of, an offense under section 32 (de24 struction of aircraft or aircraft facilities), section 33

25 (destruction of motor vehicles or motor vehicle facili-
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1 ties), section 36 (violence at international airports),

2 section 351 (violence against Members of Congress,

3 Cabinet officers, or Supreme Court Justices), section

4 751 (prisoners in custody of institution or officer),

5 section 794 (gathering or delivering defense informa6 tion to aid foreign government), section 844(d)

7 (transportation of explosives in interstate commerce

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

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

10 (destruction of property affecting interstate com11 merce by explosives), section 1116 (killing or at12 tempted killing of diplomats), section 1118 (pris13 oners serving life term), section 1201 (kidnapping),

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

15 against the President or Presidential staff), section

16 1992 (wrecking trains), chapter 109A (sexual

17 abuse), chapter 110 (sexual abuse of children), sec18 tion 2261 (domestic violence and stalking) section

19 2280 (maritime violence), section 2281 (maritime

20 platform violence), section 2332 (terrorist acts

21 abroad against United States nationals), section

22 2339 (use of weapons of mass destruction), section

23 2381 (treason), or section 2423 (transportation of

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

25 of title 28 (persons in custody as recalcitrant wit-
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1 nesses or hospitalized following insanity acquittal),

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

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

4 (n) (aircraft piracy)).

5 ‘‘(2) INVOLVEMENT OF FIREARM OR PREVIOUS

6 CONVICTION OF VIOLENT FELONY INVOLVING FIRE7 ARM.—The defendant—

8 ‘‘(A) during and in relation to the commis9 sion of the offense or in escaping or attempting

10 to escape apprehension used or possessed a fire11 arm as defined in section 921 of this title; or

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

13 Federal or State offense punishable by a term

14 of imprisonment of more than one year, involv15 ing the use or attempted or threatened use of

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

17 against another person.

18 ‘‘(3) PREVIOUS CONVICTION OF OFFENSE FOR

19 WHICH A SENTENCE OF DEATH OR LIFE IMPRISON20 MENT WAS AUTHORIZED.—The defendant has pre21 viously been convicted of another Federal or State

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

23 a sentence of life imprisonment or death was author24 ized by statute.
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1 ‘‘(4) PREVIOUS CONVICTION OF OTHER SERI2 OUS OFFENSES.—The defendant has previously been

3 convicted of two or more Federal or State offenses,

4 each punishable by a term of imprisonment of more

5 than one year, committed on different occasions, in6 volving the importation, manufacture, or distribution

7 of a controlled substance (as defined in section 102

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

9 or the infliction of, or attempted infliction of, serious

10 bodily injury or death upon another person.

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

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

13 offense or in escaping or attempting to escape ap14 prehension, knowingly created a grave risk of death

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

16 the offense.

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

18 OF COMMISSION.—The defendant committed the of19 fense in an especially heinous, cruel, or depraved

20 manner in that it involved torture or serious physical

21 abuse to the victim.

22 ‘‘(7) PROCUREMENT OF OFFENSE BY PAY23 MENT.—The defendant procured the commission of

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

25 anything of pecuniary value.
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1 ‘‘(8) COMMISSION OF THE OFFENSE FOR PECU2 NIARY GAIN.—The defendant committed the offense

3 as consideration for the receipt, or in the expectation

4 of the receipt, of anything of pecuniary value.

5 ‘‘(9) SUBSTANTIAL PLANNING AND

6 PREMEDITATION.—The defendant committed the of7 fense after substantial planning and premeditation.

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

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

10 infirmity.

11 ‘‘(11) TYPE OF VICTIM.—The defendant com12 mitted the offense against—

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

14 the President-elect, the Vice President, the Vice

15 President-elect, the Vice President-designate,

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

17 next in order of succession to the office of the

18 President of the United States, or any person

19 acting as President under the Constitution and

20 laws of the United States;

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

22 or the political equivalent, of a foreign nation;

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

24 1116(b)(3)(A) of this title, if that official was

25 in the United States on official business; or
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1 ‘‘(D) a Federal public servant who was

2 outside of the United States or who was a Fed3 eral judge, a Federal law enforcement officer,

4 an employee (including a volunteer or contract

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

6 the Federal Bureau of Prisons—

7 ‘‘(i) while such public servant was en8 gaged in the performance of his official du9 ties;

10 ‘‘(ii) because of the performance of

11 such public servant’s official duties; or

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

13 status as a public servant.

14 For purposes of this paragraph, the terms ‘Presi15 dent-elect’ and ‘Vice President-elect’ mean such per16 sons as are the apparent successful candidates for

17 the offices of President and Vice President, respec18 tively, as ascertained from the results of the general

19 elections held to determine the electors of President

20 and Vice President in accordance with title 3,

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

22 enforcement officer’ is a public servant authorized

23 by law or by a Government agency or Congress to

24 conduct or engage in the prevention, investigation,

25 or prosecution of an offense; ‘Federal prison’ means
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1 a Federal correctional, detention, or penal facility,

2 Federal community treatment center, or Federal

3 halfway house, or any such prison operated under

4 contract with the Federal Government; and ‘Federal

5 judge’ means any judicial officer of the United

6 States, and includes a justice of the Supreme Court

7 and a United States magistrate judge.

8 ‘‘(12) PRIOR CONVICTION OF SEXUAL ASSAULT

9 OR CHILD MOLESTATION.—

10 ‘‘(A) IN GENERAL.—In the case of an of11 fense under chapter 109A (sexual abuse) or

12 chapter 110 (sexual abuse of children), the de13 fendant has previously been convicted of a

14 crime of sexual assault or crime of child moles15 tation.

16 ‘‘(B) DEFINITIONS.—As used in this para17 graph—

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

19 means a crime under Federal or State law

20 that involves—

21 ‘‘(I) contact between any part of

22 the defendant’s body or an object and

23 the genitals or anus of another per24 son, without the consent of that per25 son;
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1 ‘‘(II) contact between the geni2 tals or anus of the defendant and any

3 part of the body of another person,

4 without the consent of that person;

5 ‘‘(III) deriving sexual pleasure or

6 gratification from the infliction of

7 death, bodily injury, or physical pain

8 on another person; or

9 ‘‘(IV) an attempt or conspiracy

10 to engage in any conduct described in

11 subclauses (I) through (III) of this

12 clause;

13 ‘‘(ii) the term ‘crime of child molesta14 tion’ means a crime of sexual assault in

15 which a child was the victim of the assault,

16 and for the purposes of this clause, a child

17 shall be considered not to have consented

18 to any of the contact referred to in clause

19 (i); and

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

21 below the age of 14 years.’’.

22 ‘‘(d) AGGRAVATING FACTORS FOR DRUG OFFENSE

23 DEATH PENALTY.—In determining whether to rec24 ommend a sentence of death for an offense described in

25 paragraph (3), (4), or (5) of section 3591, the jury, or
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1 if there is no jury, the court, shall consider any aggravat2 ing factor for which notice has been provided under section

3 3593 of this title, including the following factors:

4 ‘‘(1) PREVIOUS CONVICTION OF OFFENSE FOR

5 WHICH A SENTENCE OF DEATH OR LIFE IMPRISON6 MENT WAS AUTHORIZED.—The defendant has pre7 viously been convicted of another Federal or State

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

9 a sentence of life imprisonment or death was author10 ized by statute.

11 ‘‘(2) PREVIOUS CONVICTION OF OTHER SERI12 OUS OFFENSES.—The defendant has previously been

13 convicted of two or more Federal or State offenses,

14 each punishable by a term of imprisonment of more

15 than one year, committed on different occasions, in16 volving the importation, manufacture, or distribution

17 of a controlled substance (as defined in section 102

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

19 or the infliction of, or attempted infliction of, serious

20 bodily injury or death upon another person.

21 ‘‘(3) PREVIOUS SERIOUS DRUG FELONY CONVIC22 TION.—The defendant has previously been convicted

23 of another Federal or State offense involving the

24 manufacture, distribution, importation, or possession

25 of a controlled substance (as defined in section 102
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1 of the Controlled Substances Act (21 U.S.C. 802))

2 for which a sentence of five or more years of impris3 onment was authorized by statute.

4 ‘‘(4) USE OF FIREARM.—In committing the of5 fense, or in furtherance of a continuing criminal en6 terprise of which the offense was a part, the defend7 ant used a firearm or knowingly directed, advised,

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

9 defined in section 921 of this title, to threaten, in10 timidate, assault, or injure a person.

11 ‘‘(5) DISTRIBUTION TO PERSONS UNDER TWEN12 TY-ONE.—The offense, or a continuing criminal en13 terprise of which the offense was a part, involved

14 conduct proscribed by section 418 of the Controlled

15 Substances Act which was committed directly by the

16 defendant or for which the defendant would be liable

17 under section 2 of this title.

18 ‘‘(6) DISTRIBUTION NEAR SCHOOLS.—The of19 fense, or a continuing criminal enterprise of which

20 the offense was a part, involved conduct proscribed

21 by section 419 of the Controlled Substances Act

22 which was committed directly by the defendant or

23 for which the defendant would be liable under sec24 tion 2 of this title.
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1 ‘‘(7) USING MINORS IN TRAFFICKING.—The of2 fense or a continuing criminal enterprise of which

3 the offense was a part, involved conduct proscribed

4 by section 420 of the Controlled Substances Act

5 which was committed directly by the defendant or

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

8 ‘‘(8) LETHAL ADULTERANT.—The offense in9 volved the importation, manufacture, or distribution

10 of a controlled substance (as defined in section 102

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

12 mixed with a potentially lethal adulterant, and the

13 defendant was aware of the presence of the

14 adulterant.

15 ‘‘§ 3593. Special hearing to determine whether to rec16 ommend a sentence of death

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

18 Government intends to seek the death penalty for an of19 fense described in section 3591, the attorney for the Gov20 ernment shall file with the court and serve on the defend21 ant a notice of such intent. The notice shall be provided

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

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

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

25 of the notice upon a showing of good cause, the court shall
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1 ensure that the defendant has adequate time to prepare

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

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

4 for the death penalty. The factors for which notice is pro5 vided under this subsection may include factors concerning

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

7 family. The court may permit the attorney for the Govern8 ment to amend the notice upon a showing of good cause.

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

10 the attorney for the Government has filed a notice as re11 quired under subsection (a) and the defendant is found

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

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

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

15 shall conduct a separate sentencing hearing to determine

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

17 no presentence report shall be prepared by the United

18 States Probation Service, notwithstanding the provisions

19 of the Federal Rules of Criminal Procedure. The hearing

20 shall be conducted—

21 ‘‘(1) before the jury that determined the de22 fendant’s guilt;

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

24 the hearing if—
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1 ‘‘(A) the defendant was convicted upon a

2 plea of guilty;

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

4 trial before the court sitting without a jury;

5 ‘‘(C) the jury that determined the defend6 ant’s guilt was discharged for good cause; or

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

8 under this section, reconsideration of the sen9 tence under the section is necessary; or

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

11 defendant and with the approval of the attorney for

12 the Government.

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

14 of twelve members, unless, at any time before the conclu15 sion of the hearing, the parties stipulate, with the approval

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

17 ‘‘(c) PROOF OF MITIGATING AND AGGRAVATING FAC18 TORS.—At the hearing, information may be presented as

19 to—

20 ‘‘(1) any matter relating to any mitigating fac21 tor listed in section 3592 and any other mitigating

22 factor; and

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

24 factor listed in section 3592 for which notice has

25 been provided under subsection (a) and (if informa-
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1 tion is presented relating to such a listed factor) any

2 other aggravating factor for which notice has been

3 so provided.

4 The information presented may include the trial transcript

5 and exhibits. Any other information relevant to such miti6 gating or aggravating factors may be presented by either

7 the Government or the defendant. The information pre8 sented by the Government in support of factors concerning

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

10 family may include oral testimony, a victim impact state11 ment that identifies the victim of the offense and the na12 ture and extent of harm and loss suffered by the victim

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

14 Information is admissible regardless of its admissibility

15 under the rules governing admission of evidence at crimi16 nal trials, except that information may be excluded if its

17 probative value is outweighed by the danger of creating

18 unfair prejudice, confusing the issues, or misleading the

19 jury. The attorney for the Government and for the defend20 ant shall be permitted to rebut any information received

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

22 present argument as to the adequacy of the information

23 to establish the existence of any aggravating or mitigating

24 factor, and as to the appropriateness in that case of im25 posing a sentence of death. The attorney for the Govern-
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1 ment shall open the argument. The defendant shall be per2 mitted to reply. The Government shall then be permitted

3 to reply in rebuttal. The burden of establishing the exist4 ence of an aggravating factor is on the Government, and

5 is not satisfied unless the existence of such a factor is es6 tablished beyond a reasonable doubt. The burden of estab7 lishing the existence of any mitigating factor is on the de8 fendant, and is not satisfied unless the existence of such

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

10 ‘‘(d) FINDINGS OF AGGRAVATING AND MITIGATING

11 FACTORS.—The jury shall return special findings identify12 ing any aggravating factor or factors for which notice has

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

14 which the jury unanimously determines have been estab15 lished by the Government beyond a reasonable doubt. A

16 mitigating factor is established if the defendant has prov17 en its existence by a preponderance of the evidence, and

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

19 a factor may regard it as established for purposes of this

20 section regardless of the number of jurors who concur that

21 the factor has been established.

22 ‘‘(e) RETURN OF A FINDING CONCERNING A SEN23 TENCE OF DEATH.—If an aggravating factor required to

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

25 jury, or if there is no jury, the court, shall then consider
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1 whether the aggravating factor or factors found to exist

2 under subsection (d) outweigh any mitigating factor or

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

4 recommend a sentence of death if it unanimously finds at

5 least one aggravating factor and no mitigating factor or

6 if it finds one or more aggravating factors which outweigh

7 any mitigating factors. In any other case, it shall not rec8 ommend a sentence of death. The jury shall be instructed

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

10 passion, prejudice, or other arbitrary factors in its deci11 sion, and should make such a recommendation as the in12 formation warrants.

13 ‘‘(f) SPECIAL PRECAUTION TO ASSURE AGAINST DIS14 CRIMINATION.—In a hearing held before a jury, the court,

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

16 instruct the jury that, in considering whether to rec17 ommend a sentence of death, it shall not be influenced

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

19 national origin, or sex of the defendant or of any victim

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

21 unless it has concluded that it would recommend a sen22 tence of death for the crime in question regardless of the

23 race, color, religion, national origin, or sex of the defend24 ant or of any victim. The jury, upon return of a finding

25 under subsection (e), shall also return to the court a cer-
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1 tificate, signed by each juror, that prejudice or bias relat2 ing to the race, color, religion, national origin, or sex of

3 the defendant or any victim did not affect the juror’s indi4 vidual decision and that the individual juror would have

5 recommended the same sentence for the crime in question

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

7 sex of the defendant or any victim.

8 ‘‘§ 3594. Imposition of a sentence of death

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

10 that a sentence of death be imposed, the court shall sen11 tence the defendant to death. Otherwise the court shall

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

13 Notwithstanding any other provision of law, if the maxi14 mum term of imprisonment for the offense is life imprison15 ment, the court may impose a sentence of life imprison16 ment without the possibility of release.

17 ‘‘§ 3595. Review of a sentence of death

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

19 is imposed, the sentence shall be subject to review by the

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

21 appeal of the sentence must be filed within the time speci22 fied for the filing of a notice of appeal of the judgment

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

24 may be consolidated with an appeal of the judgment of
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1 conviction and shall have priority over all other non-capital

2 matters in the court of appeals.

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

4 entire record in the case, including—

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

6 ‘‘(2) the information submitted during the sen7 tencing hearing;

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

9 hearing; and

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

11 3593(d).

12 ‘‘(c) DECISION AND DISPOSITION.—

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

14 ‘‘(A) the sentence of death was not im15 posed under the influence of passion, prejudice,

16 or any other arbitrary factor;

17 ‘‘(B) the evidence and information support

18 the special findings of the existence of an ag19 gravating factor or factors; and

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

21 other prejudicial error requiring reversal of the

22 sentence that was properly preserved for and

23 raised on appeal;

24 it shall affirm the sentence.
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1 ‘‘(2) In any other case, the court of appeals

2 shall remand the case for reconsideration under sec3 tion 3593 or for imposition of another authorized

4 sentence as appropriate, except that the court shall

5 not reverse a sentence of death on the ground that

6 an aggravating factor was invalid or was not sup7 ported by the evidence and information if at least

8 one aggravating factor required to be considered

9 under section 3592 remains which was found to

10 exist and the court, on the basis of the evidence sub11 mitted at trial and the information submitted at the

12 sentencing hearing, finds no mitigating factor or

13 finds that the remaining aggravating factor or fac14 tors which were found to exist outweigh any mitigat15 ing factors.

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

17 the reasons for its disposition of an appeal of a sen18 tence of death under this section.

19 ‘‘§ 3596. Implementation of a sentence of death

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

21 under this chapter shall be committed to the custody of

22 the Attorney General until exhaustion of the procedures

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

24 sentence. When the sentence is to be implemented, the At25 torney General shall release the person sentenced to death
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1 to the custody of a United States Marshal. The Marshal

2 shall supervise implementation of the sentence in the man3 ner prescribed by the law of the State in which the sen4 tence is imposed, or in the manner prescribed by the law

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

6 State in which the sentence was imposed does not provide

7 for implementation of a sentence of death.

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

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

10 the mental capacity to understand the death penalty and

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

12 she is pregnant.

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

14 employee of any State department of corrections, the Fed15 eral Bureau of Prisons, or the United States Marshals

16 Service, and no person providing services to that depart17 ment, bureau, or service under contract shall be required,

18 as a condition of that employment or contractual obliga19 tion, to be in attendance at or to participate in any execu20 tion carried out under this section if such participation

21 is contrary to the moral or religious convictions of the em22 ployee. For purposes of this subsection, the term ‘partici23 pate in any execution’ includes personal preparation of the

24 condemned individual and the apparatus used for the exe-
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1 cution, and supervision of the activities of other personnel

2 in carrying out such activities.

3 ‘‘§ 3597. Use of State facilities

4 ‘‘A United States Marshal charged with supervising

5 the implementation of a sentence of death may use appro6 priate State or local facilities for the purpose, may use

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

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

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

10 Attorney General.

11 ‘‘§ 3598. Appointment of counsel

12 ‘‘(a) REPRESENTATION OF INDIGENT DEFEND13 ANTS.—This section shall govern the appointment of coun14 sel for any defendant against whom a sentence of death

15 is sought, or on whom a sentence of death has been im16 posed, for an offense against the United States, where the

17 defendant is or becomes financially unable to obtain ade18 quate representation. Such a defendant shall be entitled

19 to appointment of counsel from the commencement of trial

20 proceedings until one of the conditions specified in section

21 3599(b) of this title has occurred. This section shall not

22 affect the appointment of counsel and the provision of an23 cillary legal services under section 848(q) (4) through (10)

24 of title 21, United States Code.
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1 ‘‘(b) REPRESENTATION BEFORE FINALITY OF JUDG2 MENT.—A defendant within the scope of this section shall

3 have counsel appointed for trial representation as provided

4 in section 3005 of this title. At least one counsel so ap5 pointed shall continue to represent the defendant until the

6 conclusion of direct review of the judgment, unless re7 placed by the court with other qualified counsel.

8 ‘‘(c) REPRESENTATION AFTER FINALITY OF JUDG9 MENT.—When a judgment imposing a sentence of death

10 has become final through affirmance by the Supreme

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

12 Court on direct review, or expiration of the time for seek13 ing direct review in the court of appeals or the Supreme

14 Court, the Government shall promptly notify the district

15 court that imposed the sentence. Within ten days of re16 ceipt of such notice, the district court shall proceed to

17 make a determination whether the defendant is eligible

18 under this section for appointment of counsel for subse19 quent proceedings. On the basis of the determination, the

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

21 counsel to represent the defendant upon a finding that the

22 defendant is financially unable to obtain adequate rep23 resentation and wishes to have counsel appointed or is un24 able competently to decide whether to accept or reject ap25 pointment of counsel; (2) finding, after a hearing if nec-
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1 essary, that the defendant rejected appointment of counsel

2 and made the decision with an understanding of its legal

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

4 upon a finding that the defendant is financially able to

5 obtain adequate representation. Counsel appointed pursu6 ant to this subsection shall be different from the counsel

7 who represented the defendant at trial and on direct re8 view unless the defendant and counsel request a continu9 ation or renewal of the earlier representation.

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

11 In relation to a defendant who is entitled to appointment

12 of counsel under this section, at least one counsel ap13 pointed for trial representation must have been admitted

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

15 years of experience in the trial of felony cases in the fed16 eral district courts. If new counsel is appointed after judg17 ment, at least one counsel so appointed must have been

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

19 least three years of experience in the litigation of felony

20 cases in the Federal courts of appeals or the Supreme

21 Court. The court, for good cause, may appoint counsel

22 who does not meet these standards, but whose back23 ground, knowledge, or experience would otherwise enable

24 him or her to properly represent the defendant, with due
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1 consideration of the seriousness of the penalty and the na2 ture of the litigation.

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

4 Except as otherwise provided in this section, the provisions

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

6 under this section.

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

8 The ineffectiveness or incompetence of counsel during pro9 ceedings on a motion under section 2255 of title 28,

10 United States Code, in a capital case shall not be a ground

11 for relief from the judgment or sentence in any proceed12 ing. This limitation shall not preclude the appointment of

13 different counsel at any stage of the proceedings.

14 ‘‘§ 3599. Collateral attack on judgment imposing sen15 tence of death

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

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

18 and the judgment has become final as described in section

19 3598(c) of this title, a motion in the case under section

20 2255 of title 28, United States Code, must be filed within

21 ninety days of the issuance of the order relating to ap22 pointment of counsel under section 3598(c) of this title.

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

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

25 exceeding sixty days. A motion described in this section
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1 shall have priority over all noncapital matters in the dis2 trict court, and in the court of appeals on review of the

3 district court’s decision.

4 ‘‘(b) STAY OF EXECUTION.—The execution of a sen5 tence of death shall be stayed in the course of direct review

6 of the judgment and during the litigation of an initial mo7 tion in the case under section 2255 of title 28, United

8 States Code. The stay shall run continuously following im9 position of the sentence, and shall expire if—

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

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

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

13 a timely application for court of appeals review fol14 lowing the denial of such motion by a district court;

15 or

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

17 of appeals review under section 2255 of title 28,

18 United States Code, the motion under that section

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

20 certiorari has expired and no petition has been filed;

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

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

23 petition for certiorari was filed and upon consider24 ation of the case, the Supreme Court disposed of it
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1 in a manner that left the capital sentence undis2 turbed; or

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

4 counsel and after having been advised of the con5 sequences of his decision, the defendant waives the

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

7 United States Code.

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

9 one of the conditions specified in subsection (b) has oc10 curred, no court thereafter shall have the authority to

11 enter a stay of execution or grant relief in the case un12 less—

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

14 is a claim not presented in earlier proceedings;

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

16 result of governmental action in violation of the Con17 stitution or laws of the United States; (B) the result

18 of the Supreme Court recognition of a new Federal

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

20 a factual predicate that could not have been discov21 ered through the exercise of reasonable diligence in

22 time to present the claim in earlier proceedings; and

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

24 sufficient, if proven, to undermine the court’s con-
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1 fidence in the determination of guilt on the offense

2 or offenses for which the death penalty was imposed.

3 ‘‘§ 3600. Application in Indian country

4 ‘‘Notwithstanding sections 1152 and 1153 of this

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

6 Indian tribal government shall be subject to a capital sen7 tence under this chapter for any offense the Federal juris8 diction for which is predicated solely on Indian country

9 as defined in section 1151 of this title and which has oc10 curred within the boundaries of such Indian country, un11 less the governing body of the tribe has made an election

12 that this chapter have effect over land and persons subject

13 to its criminal jurisdiction.’’; and

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

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

16 item relating to chapter 227:

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

17 SEC. 702. EQUAL JUSTICE ACT.

18 (a) DEATH PENALTY FOR CIVIL RIGHTS MUR19 DERS.—

20 (1) CONSPIRACY AGAINST RIGHTS.—Section

21 241 of title 18, United States Code, is amended by

22 striking ‘‘shall be subject to imprisonment for any

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

24 punished by death or imprisonment for any term of

25 years or for life’’.
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1 (2) DEPRIVATION OF RIGHTS UNDER COLOR OF

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

3 is amended by striking ‘‘shall be subject to imprison4 ment for any term of years or for life’’ and inserting

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

6 term of years or for life’’.

7 (3) FEDERALLY PROTECTED ACTIVITIES.—Sec8 tion 245(b) of title 18, United States Code, is

9 amended by striking ‘‘shall be subject to imprison10 ment for any term of years or for life’’ and inserting

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

12 term of years or for life’’.

13 (4) DAMAGE TO RELIGIOUS PROPERTY; OB14 STRUCTION OF THE FREE EXERCISE OF RELIGIOUS

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

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

17 penalty or’’ before ‘‘imprisonment’’.

18 SEC. 703. PROHIBITION OF RACIALLY DISCRIMINATORY

19 POLICIES CONCERNING CAPITAL PUNISH20 MENT OR OTHER PENALTIES.

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

22 other penalties shall be administered by the United States

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

24 of the defendant or victim. Neither the United States nor

25 any State shall prescribe any racial quota or statistical
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1 test for the imposition or execution of the death penalty

2 or any other penalty.

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

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

5 includes the action of any legislative, judicial, execu6 tive, administrative, or other agency or instrumental7 ity of the United States or a State, or of any politi8 cal subdivision of the United States or a State;

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

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

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

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

13 for establishing a prima facie case, or mandatory or

14 permissive inference that—

15 (A) requires or authorizes the imposition

16 or execution of the death penalty or another

17 penalty so as to achieve a specified racial pro18 portion relating to offenders, convicts, defend19 ants, arrestees, or victims; or

20 (B) requires or authorizes the invalidation

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

22 or other penalties based on the failure of a ju23 risdiction to achieve a specified racial propor24 tion relating to offenders, convicts, defendants,
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1 arrestees, or victims in the imposition or execu2 tion of such sentences or penalties.

3 SEC. 704. FEDERAL CAPITAL CASES.

4 In a prosecution for an offense against the United

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

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

7 prejudice or bias shall be deemed an aggravating factor

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

10 be specified by law as permitting consideration of the

11 death penalty.

12 SEC. 705. EXTENSION OF PROTECTION OF CIVIL RIGHTS

13 STATUTES.

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

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

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

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

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

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

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

21 SEC. 706. FEDERAL DEATH PENALTIES.

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

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

24 (1) by adding at the end the following:
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1 ‘‘§ 1118. Murder by a Federal prisoner

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

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

4 another shall be punished by death or by life imprisonment

5 without the possibility of release.

6 ‘‘(b) For purposes of this section—

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

10 any such prison operated under contract with the

11 Federal Government;

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

15 minimum of at least fifteen years and a maximum

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

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

18 at the end:

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

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

20 ENFORCEMENT OFFICERS.—Section 1114 of title 18,

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

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

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

24 enforcement officer while assisting, or on account of hav25 ing assisted, any Federal officer or employee covered by
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1 this section in the performance of duties, in the case of

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

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

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

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

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

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

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

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

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

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

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

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

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

20 or for life; and

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

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

25 under sections 1112 and 1113 of this title.’’;
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1 (3) in subsection (d)(2), by striking ‘‘(c)’’ and

2 inserting ‘‘(d)’’;

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

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

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

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

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

10 (1) CONSPIRACY AGAINST RIGHTS.—Section

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

12 striking ‘‘shall be subject to imprisonment for any

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

14 punished by death or imprisonment for any term of

15 years or for life’’.

16 (2) DEPRIVATION OF RIGHTS UNDER COLOR OF

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

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

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

21 term of years or for life’’.

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

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

2 term of years or for life’’.

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

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

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

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

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

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

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

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

14 through the use of a firearm, shall—

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

17 imprisonment for any term of years or for life; and

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

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

20 that section.’’.

21 (f) MURDER BY ESCAPED PRISONERS.—

22 (1) IN GENERAL.—Chapter 51 of title 18, Unit23 ed States Code, as amended by section 110, is

24 amended by adding at the end the following:
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1 ‘‘§ 1119. Murder by escaped prisoners

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

3 where such person was confined under a sentence for a

4 term of life imprisonment, kills another shall be punished

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

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

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

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

11 United States Code, is amended by adding at the

12 end the following:

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

13 (g) TORTURE.—

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

15 States Code, is amended by inserting after chapter

16 113A the following new chapter:

17 ‘‘CHAPTER 113B—TORTURE

‘‘Sec.

‘‘2340. Definitions.

‘‘2340A. Torture.

‘‘2340B. Exclusive remedies.

18 ‘‘§ 2340. Definitions

19 ‘‘As used in this chapter—

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

21 by a person acting under the color of law specifically

22 intended to inflict severe physical or mental pain or
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1 suffering (other than pain or suffering incidental to

2 lawful sanctions) upon another person within his

3 custody or physical control;

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

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

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

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

11 threatened administration or application, of

12 mind altering substances or other procedures

13 calculated to disrupt profoundly the senses or

14 the personality;

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

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

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

19 application of mind altering substances or other

20 procedures calculated to disrupt profoundly the

21 senses or personality; and

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

23 under the jurisdiction of the United States including

24 any of the places within the provisions of sections 5

25 and 7 of this title and section 101(38) of the Fed-
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1 eral Aviation Act of 1958, as amended (49 U.S.C.

2 App. 1301(38)).

3 ‘‘§ 2340A. Torture

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

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

8 and if death results to any person from conduct prohibited

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

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

12 of this section are—

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

14 United States; or

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

18 ‘‘§ 2340B. Exclusive remedies

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

21 subject, nor shall anything in this chapter be construed

22 as creating any substantive or procedural right enforceable

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

24 (2) CLERICAL AMENDMENT.—The table of

25 chapters for part I of title 18, United States Code,
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1 is amended by inserting after the item for chapter

2 113A the following new item:

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

3 (3) EFFECTIVE DATE.—This subsection shall

4 take effect on the later of—

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

6 or

7 (2) the date the United States has become

8 a party to the Convention Against Torture and

9 Other Cruel, Inhuman or Degrading Treatment

10 or Punishment.

11 (h) CARJACKING RESULTING IN DEATH.—Section

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

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

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

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

17 through the end of the existing section and inserting

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

19 this section.’’; and

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

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

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

24 such vehicle has been transported, shipped, or received in
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1 interstate or foreign commerce, shall be punished as pro2 vided in subsection (c) of this section.

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

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

5 more than 15 years, or both;

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

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

9 and

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

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

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

13 SEC. 707. CONFORMING AND TECHNICAL AMENDMENTS.

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

16 amended by striking the comma after ‘‘imprisonment for

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

18 and inserting a period.

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

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

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

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

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

24 reasonable doubt at a hearing under section 3593 of this

25 title that the offense directly concerned nuclear weaponry,
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1 military spacecraft and satellites, early warning systems,

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

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

5 or counterintelligence operations; or any other major

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

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

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

9 provided in section 34 of this title’’.

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

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

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

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

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

19 States Code, is amended to read as follows:

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

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

24 for life; and
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1 ‘‘(2) whoever is guilty of murder in the second

2 degree shall be imprisoned for any term of years or

3 for life.’’.

4 (g) KILLING OFFICIAL GUESTS AND INTERNATION5 ALLY PROTECTED PERSONS.—Subsection (a) of section

6 1116 of title 18, United States Code, is amended by in7 serting a period after ‘‘title’’ and striking the remainder

8 of the subsection.

9 (h) KIDNAPPING.—Section 1201(a) of title 18, Unit10 ed States Code, is amended by inserting after ‘‘or for life’’

11 the following: ‘‘and, if the death of any person results,

12 shall be punished by death or life imprisonment’’.

13 (i) HOSTAGE TAKING.—Section 1203(a) of title 18,

14 United States Code, is amended by inserting after ‘‘or for

15 life’’ the following ‘‘and, if the death of any person results,

16 shall be punished by death or life imprisonment’’.

17 (j) MAILABILITY OF INJURIOUS ARTICLES.—The last

18 paragraph of section 1716 of title 18, United States Code,

19 is amended by striking the comma after ‘‘imprisonment

20 for life’’ and all that follows through the end of the para21 graph and inserting a period.

22 (k) PRESIDENTIAL ASSASSINATION.—Subsection (c)

23 of section 1751 of title 18, United States Code, is amend24 ed to read as follows:
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1 ‘‘(c) Whoever attempts to murder or kidnap any indi2 vidual designated in subsection (a) of this section shall be

3 punished (1) by imprisonment for any term of years or

4 for life, or (2) by death or imprisonment for any term of

5 years or for life if the conduct constitutes an attempt to

6 murder the President of the United States and results in

7 bodily injury to the President or otherwise comes dan8 gerously close to causing the death of the President.’’.

9 (l) MURDER FOR HIRE.—Section 1958(a) of title 18

10 of the United States Code is amended by striking ‘‘and

11 if death results, shall be subject to imprisonment for any

12 term of years or for life, or shall be fined not more than

13 $50,000, or both’’ and inserting ‘‘and if death results,

14 shall be punished by death or life imprisonment, or shall

15 be fined in accordance with this title, or both’’.

16 (m) VIOLENT CRIMES IN AID OF RACKETEERING AC17 TIVITY.—Paragraph (1) of subsection (a) of section 1959

18 of title 18, United States Code, is amended to read as

19 follows:

20 ‘‘(1) for murder, by death or life imprisonment,

21 or a fine in accordance with this title, or

22 both; and for kidnapping, by imprisonment for

23 any term of years or for life, or a fine in accordance

24 with this title, or both;’’.
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1 (n) WRECKING TRAINS.—The second to the last

2 paragraph of section 1992 of title 18, United States Code,

3 is amended by striking the comma after ‘‘imprisonment

4 for life’’ and all that follows through the end of the section

5 and inserting a period.

6 (o) BANK ROBBERY.—Section 2113(e) of title 18,

7 United States Code, is amended by striking ‘‘or punished

8 by death if the verdict of the jury shall so direct’’ and

9 inserting ‘‘or if death results shall be punished by death

10 or life imprisonment’’.

11 (p) TERRORIST ACTS.—Section 2332(a)(1) of title

12 18, United States Code, is amended to read as follows:

13 ‘‘(1) if the killing is murder as defined in sec14 tion 1111(a) of this title, be fined under this title,

15 punished by death or imprisonment for any term of

16 years or for life, or both;’’.

17 (q) AIRCRAFT HIJACKING.—Section 903 of the Fed18 eral Aviation Act of 1958 (49 U.S.C. App. 1473), is

19 amended by striking subsection (c).

20 (r) CONTROLLED SUBSTANCES ACT.—Section 408 of

21 the Controlled Substances Act is amended by striking sub22 sections (g)–(p), (q) (1)–(3) and (r).

23 (s) GENOCIDE.—Section 1091(b)(1) of title 18, Unit24 ed States Code, is amended by striking ‘‘a fine of not more

25 than $1,000,000 and imprisonment for life;’’ and inserting
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1 ‘‘death or imprisonment for life and a fine of not more

2 than $1,000,000;’’.

3 (t) INAPPLICABILITY TO UNIFORM CODE OF MILI4 TARY JUSTICE.—Chapter 228 of title 18, United States

5 Code, as added by this Act, shall not apply to prosecutions

6 under the Uniform Code of Military Justice (10 U.S.C.

7 801 et seq.).

8 Subtitle B—Violent Felonies and

9 Drug Offenses

10 SEC. 711. DRUG TESTING OF FEDERAL OFFENDERS ON

11 POST-CONVICTION RELEASE.

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

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

14 end the following:

15 ‘‘§ 3608. Drug testing of Federal offenders on post16 conviction release

17 ‘‘The Director of the Administrative Office of the

18 United States Courts, in consultation with the Attorney

19 General and the Secretary of Health and Human Services,

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

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

22 offenders on post-conviction release. The program shall in23 clude such standards and guidelines as the Director may

24 determine necessary to ensure the reliability and accuracy

25 of the drug testing programs. In each district where it is
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1 feasible to do so, the chief probation officer shall arrange

2 for the drug testing of defendants on post-conviction re3 lease pursuant to a conviction for a felony or other offense

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

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

6 229 of title 18, United States Code, is amended by adding

7 at the end the following:

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

8 (b) DRUG TESTING CONDITION FOR PROBATION.—

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

10 Code, is amended—

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

12 ‘‘and’’;

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

14 period and inserting ‘‘; and’’; and

15 (C) by adding after paragraph (3) the fol16 lowing:

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

18 as defined in section 921 of this title, a drug or nar19 cotic offense as defined in section 404(c) of the Con20 trolled Substances Act (21 U.S.C. 844(c)), or a

21 crime of violence as defined in section 16 of this

22 title, that the defendant refrain from any unlawful

23 use of the controlled substance and submit to peri24 odic drug tests (as determined by the court) for use

25 of a controlled substance. This latter condition may
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1 be suspended or ameliorated upon request of the Di2 rector of the Administrative Office of the United

3 States Courts, or the Director’s designee. In addi4 tion, the Court may decline to impose this condition

5 for any individual defendant, if the defendant’s

6 presentence report or other reliable sentencing infor7 mation indicates a low risk of future substance

8 abuse by the defendant. A defendant who tests posi9 tive may be detained pending verification of a drug

10 test result.’’.

11 (2) DRUG TESTING FOR SUPERVISED RE12 LEASE.—Section 3583(d) of title 18, United States

13 Code, is amended by inserting after the first sen14 tence the following: ‘‘For a defendant convicted of a

15 felony or other offense described in section

16 3563(a)(4) of this title, the court shall also order, as

17 an explicit condition of supervised release, that the

18 defendant refrain from any unlawful use of a con19 trolled substance and submit to periodic drug tests

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

21 substance. This latter condition may be suspended

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

23 this title.’’.

24 (3) DRUG TESTING IN CONNECTION WITH PA25 ROLE.—Section 4209(a) of title 18, United States
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1 Code, is amended by inserting after the first sen2 tence the following: ‘‘If the parolee has been con3 victed of a felony or other offense described in sec4 tion 3563(a)(4) of this title, the Commission shall

5 also impose as a condition of parole that the parolee

6 refrain from any unlawful use of a controlled sub7 stance and submit to periodic drug tests (as deter8 mined by the Commission) for use of a controlled

9 substance. This latter condition may be suspended

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

11 this title.’’.

12 (c) REVOCATION OF RELEASE.—

13 (1) REVOCATION OF PROBATION.—The last

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

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

16 uses a controlled substance or refuses to cooperate

17 in drug testing, thereby violating the condition im18 posed by section 3563(a)(4),’’ after ‘‘3563(a)(3)’’.

19 (2) REVOCATION OF SUPERVISED RELEASE.—

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

21 amended by inserting ‘‘or unlawfully uses a con22 trolled substance or refuses to cooperate in drug

23 testing imposed as a condition of supervised re24 lease,’’ after ‘‘substance’’.
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1 (3) REVOCATION OF PAROLE.—Section 4214(f)

2 of title 18, United States Code, is amended by in3 serting after ‘‘substance’’ the following: ‘‘, or who

4 unlawfully uses a controlled substance or refuses to

5 cooperate in drug testing imposed as a condition of

6 parole,’’.

7 SEC. 712. LIFE IMPRISONMENT OR DEATH PENALTY FOR

8 THIRD FEDERAL VIOLENT FELONY CONVIC9 TION.

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

11 amended by adding at the end the following:

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

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

14 other provision of this title or any other law, in the

15 case of a conviction for a Federal violent felony, the

16 court shall sentence the defendant to prison for life

17 if the defendant has previously been convicted of two

18 other violent felonies and if a death results from the

19 violent felony, the defendant shall be subject to the

20 death penalty.

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

22 term ‘‘violent felony’’ is a State or Federal crime of

23 violence (as defined in section 16 of this title)—
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1 ‘‘(A) that involves the threatened use, use,

2 or the risk of use of physical force against the

3 person of another;

4 ‘‘(B) for which the maximum authorized

5 imprisonment exceeds one year; and

6 ‘‘(C) which is not designated a mis7 demeanor by the law that defines the offense.

8 ‘‘(3) RULE OF CONSTRUCTION.—This sub9 section shall not be construed to prevent the imposi10 tion of the death penalty.’’.

11 SEC. 713. STRENGTHENING THE ARMED CAREER CRIMI12 NALS ACT.

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

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

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

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

17 and

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

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

20 it had been prosecuted as a violation of the

21 Controlled Substances Act at the time of the of22 fense and because of the type and quantity of

23 the controlled substance involved, would have

24 been punishable by a maximum term of impris25 onment of ten years or more;’’.
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1 SEC. 714. ENHANCED PENALTY FOR USE OF SEMIAUTO2 MATIC FIREARM DURING A CRIME OF VIO3 LENCE OR DRUG TRAFFICKING OFFENSE.

4 (a) ENHANCED PENALTY.—Section 924(c)(1) of title

5 18, United States Code, is amended by inserting ‘‘, or

6 semiautomatic firearm,’’ after ‘‘short-barreled shotgun’’.

7 (b) SEMIAUTOMATIC FIREARM DEFINED.—Section

8 921(a) of such title is amended by adding at the end the

9 following:

10 ‘‘(29) The term ‘semiautomatic firearm’ means any

11 repeating firearm which utilizes a portion of the energy

12 of a firing cartridge to extract the fired cartridge case and

13 chamber the next round, and which requires a separate

14 pull of the trigger to fire each cartridge.’’.

15 SEC. 715. MANDATORY PENALTIES FOR FIREARMS POSSES16 SION BY VIOLENT FELONS AND SERIOUS

17 DRUG OFFENDERS.

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

19 18, United States Code, is amended by inserting ‘‘, and

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

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

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

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

24 a sentence imposed under this paragraph shall include a

25 term of imprisonment of not less than five years’’ before

26 the period.
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1 (b) 2 PRIOR CONVICTIONS.—Section 924 of such

2 title, as amended by sections 430 and 706(e) of this Act,

3 is amended by adding at the end the following:

4 ‘‘(k)(1) Notwithstanding subsection (a)(2) of this sec5 tion, any person who violates section 922(g) and has 2

6 previous convictions by any court referred to in section

7 922(g)(1) for a violent felony (as defined in subsection

8 (e)(2)(B) of this section) or a serious drug offense (as de9 fined in subsection (e)(2)(A) of this section) committed

10 on occasions different from one another shall be fined

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

12 not more than 20 years, or both.

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

14 court shall not suspend the sentence of, or grant a proba15 tionary sentence to, a person described in paragraph (1)

16 of this subsection with respect to the conviction under sec17 tion 922(g).’’.

18 SEC. 716. MANDATORY MINIMUM SENTENCE FOR UNLAW19 FUL POSSESSION OF A FIREARM BY CON20 VICTED FELON, FUGITIVE FROM JUSTICE, OR

21 TRANSFEROR OR RECEIVER OF STOLEN

22 FIREARM.

23 (a) IN GENERAL.—Section 924(a) of title 18, United

24 States Code, is amended—
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1 (1) in paragraph (1), by striking ‘‘paragraph

2 (2) or (3) of’’; and

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

4 ‘‘(5) Whoever knowingly possesses a firearm in viola5 tion of paragraph (1) or (2) of section 922(g), or in viola6 tion of subsection (i) or (j), shall be imprisoned not less

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

8 the court shall not place on probation or suspend the sen9 tence of any person convicted under this paragraph, nor

10 shall the term of imprisonment imposed under this para11 graph run concurrently with any other term of imprison12 ment imposed under any other provision of law.’’.

13 SEC. 717. INCREASE IN GENERAL PENALTY FOR VIOLATION

14 OF FEDERAL FIREARMS LAWS.

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

16 amended—

17 (1) by striking ‘‘$5,000’’ and inserting

18 ‘‘$10,000’’; and

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

20 SEC. 718. INCREASE IN ENHANCED PENALTIES FOR POS21 SESSION OF FIREARM IN CONNECTION WITH

22 CRIME OF VIOLENCE OR DRUG TRAFFICKING

23 CRIME.

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

25 amended—
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1 (1) by striking ‘‘five’’ and inserting ‘‘10’’; and

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

3 SEC. 719. SMUGGLING FIREARMS IN AID OF DRUG TRAF4 FICKING OR VIOLENT CRIME.

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

6 amended by sections 430, 706(e), and 715(b) of this Act,

7 is amended by adding at the end the following:

8 ‘‘(l) Whoever, with the intent to engage in or to pro9 mote conduct which—

10 ‘‘(1) is punishable under the Controlled Sub11 stances Act (21 U.S.C. 801 et seq.), the Controlled

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

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

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

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

16 controlled substance (as defined in section 102 of

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

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

19 in subsection (c)(3) of this section;

20 smuggles or knowingly brings into the United States a

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

22 more than ten years, fined under this title, or both.’’.

23 SEC. 720. DEFINITION OF CONVICTION UNDER CHAPTER 44.

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

25 is amended in the 3rd sentence by inserting ‘‘(other than
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1 for a violent felony (as defined in section 924(e)(2)(B))

2 involving the threatened or actual use of a firearm or ex3 plosive, or for a serious drug offense (as defined in section

4 924(e)(2)(A)))’’ after ‘‘Any conviction’’.

5 SEC. 721. DEFINITION OF SERIOUS DRUG OFFENSE UNDER

6 THE ARMED CAREER CRIMINAL ACT.

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

8 as amended by sections 151 and 713 of this Act, is amend9 ed—

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

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

12 and

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

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

15 prosecuted as a violation of the Controlled Sub16 stances Act (21 U.S.C. 801 et seq.) as that Act pro17 vided at the time of the offense, would be punishable

18 by a maximum term of imprisonment of 10 years or

19 more;’’.

20 SEC. 722. DEFINITION OF BURGLARY UNDER THE ARMED

21 CAREER CRIMINAL ACT.

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

23 amended—

24 (1) by striking ‘‘and’’ at the end of subpara25 graph (B);
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1 (2) by striking the period at the end of sub2 paragraph (C) and inserting ‘‘; and’’; and

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

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

5 ‘‘(i) consists of entering or remaining sur6 reptitiously in a building that is the property of

7 another person with intent to engage in conduct

8 constituting a Federal or State offense; and

9 ‘‘(ii) is punishable by a term of imprison10 ment exceeding 1 year.’’.

11 SEC. 723. TEMPORARY PROHIBITION AGAINST POSSESSION

12 OF A FIREARM BY, OR TRANSFER OF A FIRE13 ARM TO, PERSONS CONVICTED OF A DRUG

14 CRIME.

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

16 18, United States Code, is amended by adding at the end

17 the following:

18 ‘‘(s)(1)(A) Except as provided in paragraph (2), it

19 shall be unlawful for any individual who has been con20 victed in any court of a drug crime to possess a firearm

21 during the period described in subparagraph (B).

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

23 period that begins with the date the individual committed

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

25 date (occurring after the commission of such crime) on
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1 which the individual has committed a drug crime or has

2 violated any Federal or State law relating to firearms.

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

4 convictions occurring on or before the date of the enact5 ment of this subsection.

6 ‘‘(t)(1)(A) Except as provided in paragraph (2), it

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

8 any individual knowing or having reasonable cause to be9 lieve that the individual is under indictment for a drug

10 crime.

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

12 be unlawful for any person, during the period described

13 in clause (ii), to transfer a firearm to any individual know14 ing or having reasonable cause to believe that the individ15 ual has been convicted in any court of a drug crime.

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

17 that begins with the date the individual committed the

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

19 (occurring after the commission of such crime) on which

20 the individual has committed a drug crime or has violated

21 any Federal or State law relating to firearms.

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

23 apply in like manner to paragraph (1) of this subsection.’’.
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1 (b) PENALTY.—Section 924(a)(1)(B) of such title, as

2 amended by section 103(b) of this Act, is amended by

3 striking ‘‘or (r)’’ and inserting ‘‘(r), (s)(1), or (t)(1)’’.

4 (c) ENHANCED PENALTIES FOR POSSESSION OF A

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

6 title, as amended by sections 430, 706(e), 715(b), and 719

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

8 ‘‘(m) Whoever, during and in relation to a drug crime

9 (including a drug crime which provides for an enhanced

10 punishment if committed by the use of a deadly or dan11 gerous weapon or device) for which he may be prosecuted

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

13 addition to the punishment provided for such drug crime,

14 may be sentenced to imprisonment for not less than 15

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

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

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

18 silencer or firearm muffler, shall be sentenced to imprison19 ment for 15 years. In the case of a second or subsequent

20 conviction under this subsection, such person shall be sen21 tenced to imprisonment for not less than 15 days and not

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

23 and not more than $10,000, and if the firearm is a ma24 chine gun, or is equipped with a firearm silencer or fire25 arm muffler, shall be sentenced to imprisonment for 30
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1 years. Notwithstanding any other provision of law, the

2 court shall not place on probation or suspend the sentence

3 of any person convicted of a violation of this subsection,

4 nor shall the term of imprisonment imposed under this

5 subsection run concurrently with any other term of impris6 onment including that imposed for the drug crime in

7 which the firearm was possessed.’’.

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

9 of such title, as amended by section 714(b) of this Act,

10 is amended by adding at the end the following:

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

12 (other than a drug trafficking crime) punishable by im13 prisonment under—

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

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

16 distribution, or manufacture of a controlled sub17 stance (as defined in section 102 of the Controlled

18 Substances Act).’’.

19 Subtitle C—Enhanced Penalties for

20 Criminal Use of Firearms and

21 Explosives

22 Chapter 1—Instant Check System for

23 Handgun Purchases

24 SEC. 731. DEFINITIONS.

25 As used in this chapter:
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1 (1) The term ‘‘background check crime’’ means

2 a crime punishable by imprisonment for a term ex3 ceeding 1 year within the meaning of section

4 921(a)(20) of title 18, United States Code.

5 (2) The term ‘‘handgun’’ has the meaning given

6 such term in section 921(a)(31) of title 18, United

7 States Code.

8 (3) The term ‘‘licensee’’ means a licensed im9 porter, licensed manufacturer, or licensed dealer, as

10 defined in paragraphs (9), (10), and (11), respec11 tively, of section 921(a) of title 18, United States

12 Code.

13 (4) The term ‘‘State’’ means a State, the Dis14 trict of Columbia, the Commonwealth of Puerto

15 Rico, American Samoa, the Virgin Islands, Guam,

16 and the Trust Territories of the Pacific.

17 SEC. 732. STATE INSTANT CRIMINAL CHECK SYSTEMS FOR

18 HANDGUN PURCHASES.

19 (a) IN GENERAL.—Not later than the date that is

20 12 months after the date of the enactment of this chapter,

21 each State shall establish and maintain a system that, on

22 receipt of an inquiry from a licensee pursuant to section

23 922(u)(1)(A) of title 18, United States Code, immediately

24 researches the criminal history of a prospective handgun

25 transferee, advises the licensee whether its records dem-
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1 onstrate that such transferee is prohibited from receiving

2 a handgun by reason of subsection (g) or (n) of section

3 922 of such title, and, if such transferee is not so prohib4 ited, provides the licensee a unique identification number

5 with respect to the transfer.

6 (b) ADDITIONAL REQUIREMENTS.—A State instant

7 criminal check system shall—

8 (1) provide for the privacy and security of the

9 information contained in the system at least to the

10 extent of the protections and remedies provided in

11 section 552a(g) of title 5, United States Code;

12 (2) ensure that information provided to the sys13 tem by a licensee pursuant to section

14 922(u)(1)(B)(i) of title 18, United States Code, is

15 not retained in any form whatsoever, is not conveyed

16 to any person except a person who has a need to

17 know to carry out the purpose of that section, and

18 is not used for any purpose other than to carry out

19 that section; and

20 (3) provide to a prospective handgun transferee

21 who is denied receipt of a handgun on the basis of

22 information provided by the system a procedure for

23 the correction of erroneous information as otherwise

24 set forth in this chapter.

25 (c) PROHIBITIONS ON USES OF INFORMATION.—
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1 (1) RECORDATION BY THE GOVERNMENT.—No

2 record or portion thereof generated by an inquiry

3 concerning or a search of the criminal history of a

4 prospective transferee under a State instant criminal

5 check system established under subsection (a) shall

6 be recorded at or transferred to a facility owned,

7 managed, or controlled by the United States or any

8 State or political subdivision thereof.

9 (2) REGISTRATION OF OWNERSHIP.—Neither

10 the United States, nor a State, nor any political sub11 division thereof may use information provided by a

12 licensee pursuant to a State instant criminal check

13 system established under subsection (a) of this sec14 tion to establish any system for the registration of

15 handguns, handgun owners, or handgun transactions

16 or dispositions, except with respect to persons who

17 are prohibited from receiving a handgun by reason

18 of subsection (g) or (n) of section 922 of title 18,

19 United States Code.

20 SEC. 733. AMENDMENT OF CHAPTER 44 OF TITLE 18,

21 UNITED STATES CODE.

22 (a) DEFINITIONS.—Section 921(a) of title 18, United

23 States Code, as amended by sections 714(b) and 723(d)

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

25 ‘‘(31) The term ‘handgun’ means—
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1 ‘‘(A) a firearm (other than a firearm that is a

2 curio or relic under criteria established by the Sec3 retary by regulation) that has a short stock and is

4 designed to be held and fired by the use of a single

5 hand; and

6 ‘‘(B) any combination of parts designed and in7 tended to be assembled into such a firearm and from

8 which such a firearm can be readily assembled.’’.

9 (b) IDENTIFICATION PROCEDURE.—Section 922 of

10 such title, as amended by section 721(a) of this Act, is

11 amended by adding at the end the following:

12 ‘‘(u)(1) Upon a State instant criminal check system

13 becoming operational pursuant to chapter 1 of subtitle C

14 of title VII of the Crime Control Act of 1993, and notice

15 by an appropriate State official by certified mail to each

16 licensee in the State that such system is operational, a

17 licensed importer, licensed manufacturer, or licensed deal18 er shall not knowingly transfer a handgun from the busi19 ness inventory of such licensee to any other person who

20 is not licensed under this chapter before the completion

21 of the transfer unless—

22 ‘‘(A) the licensee contacts the State instant

23 criminal check system; and

24 ‘‘(B)(i) the State system notifies the licensee

25 that the system has not located any record that
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1 demonstrates that the receipt of a handgun by such

2 other person would violate subsection (g) or (n); or

3 ‘‘(ii) at least 8 hours have elapsed since the li4 censee first contacted the system with respect to the

5 transfer, and the system has not notified the licensee

6 that the information available to the system dem7 onstrates that the receipt of a handgun by the per8 son would violate subsection (g) or (n).

9 ‘‘(2) Paragraph (1) shall not apply to a handgun

10 transfer between a licensee and another person if—

11 ‘‘(A) the other person presents to the licensee

12 a valid permit or license issued by the State or a po13 litical subdivision of the State in which the transfer

14 is to occur that authorizes the person to purchase,

15 possess, or carry a firearm;

16 ‘‘(B) the Secretary has, under section 5812 of

17 the Internal Revenue Code of 1986, approved the

18 transfer;

19 ‘‘(C) the ability of the licensee to exchange in20 formation with the system described in paragraph

21 (1) is impaired for a period of more than 8 hours

22 due to natural or human disaster, insurrection, riot,

23 hurricane, other act of God, or other circumstance

24 beyond the control of the licensee; or
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1 ‘‘(D) on application of the licensee, the State

2 instant criminal check system has certified that com3 pliance with paragraph (1)(B)(i) is impracticable be4 cause of the inability of the licensee to communicate

5 with the system due to the remote location of the li6 censed premises.

7 ‘‘(3) If the State instant criminal check system noti8 fies the licensee that the information available to the sys9 tem does not demonstrate that the receipt of a handgun

10 by the person would violate subsection (g) or (n), and the

11 licensee transfers a handgun to the person, the licensee

12 shall include in the record of the transfer the unique iden13 tification number provided by the system with respect to

14 the transfer.

15 ‘‘(4)(A) If the licensee knowingly transfers a handgun

16 to a person and willfully fails to comply with paragraph

17 (1) with respect to the transfer and, at the time of the

18 transfer, the State instant criminal check system was op19 erating and information was available to the system dem20 onstrating that receipt of a handgun by the person would

21 violate subsection (g) or (n), the Secretary may, after no22 tice and opportunity for a hearing, suspend for not more

23 than 12 months or revoke any license issued to the licensee

24 under section 923, and may impose on the licensee a civil

25 fine of not more than $10,000.
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1 ‘‘(B) Any action by the Secretary under subpara2 graph (A) of this paragraph shall be subject to the proce3 dures and remedies provided in subsections (e) and (f) of

4 section 923.

5 ‘‘(5) A State employee responsible for providing infor6 mation through a State instant criminal check system

7 shall not be liable in an action at law for damages for

8 failure to prevent the sale or transfer of a handgun to

9 a person whose receipt or possession of a handgun is un10 lawful.

11 ‘‘(6) Notwithstanding any law, rule, or regulation of

12 a State or political subdivision of a State that requires

13 a waiting period prior to the receipt or sale of a handgun,

14 after a State instant criminal check system has been

15 placed in operation, a licensee may transfer, and a person

16 may receive, a handgun immediately upon notification of

17 the licensee pursuant to subparagraph (1)(B)(i). No per18 mit or license shall be required by any State or political

19 subdivision of a State for such transfer or receipt.’’.

20 (c) PENALTIES.—Section 924(a) of title 18, United

21 States Code, as amended by section 716(a) of this Act,

22 is amended by adding at the end the following:

23 ‘‘(6) A person who willfully violates section 922(u)

24 shall be fined not more than $2,000, imprisoned not more

25 than 1 year, or both.’’.
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1 (d) EFFECTIVE DATE.—The amendments made by

2 this section shall take effect 120 days after the date of

3 the enactment of this chapter.

4 SEC. 734. ESTABLISHMENT AND OPERATION OF CRIMINAL

5 HISTORY SYSTEM.

6 (a) ESTABLISHMENT OF THE SYSTEM.—Each State

7 shall establish a system accessible by telephone, and may

8 establish other electronic means in addition to telephonic

9 communication, that any licensee, law enforcement officer,

10 or court of law may contact for criminal history informa11 tion. Information available to a licensee shall be limited

12 to information concerning a background check crime or

13 other information concerning whether receipt of a hand14 gun by a prospective transferee would violate subsection

15 (g) or (n) of section 922 of title 18, United States Code.

16 Information available to law enforcement officers and to

17 courts of law shall include information concerning any ar18 rest or conviction for any crime.

19 (b) CONTINUOUS OPERATION.—Each State shall

20 take such steps as are necessary to ensure that the system

21 operates continuously and without closing, at all times and

22 days of each year for purposes of inquiries from law en23 forcement officers, licensees, and courts.
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1 SEC. 735. OPERATION OF SYSTEM FOR PURPOSE OF

2 SCREENING HANDGUN PURCHASERS.

3 (a) ACCURACY OF RESPONSES.—Each State shall

4 take such steps as are necessary to ensure that not more

5 than 2 percent of initial telephone responses of the system

6 contain erroneous determinations that receipt of a hand7 gun by a prospective handgun transferee would violate

8 subsection (g) or (n) of section 922 of title 18, United

9 States Code.

10 (b) NOTIFICATION OF LICENSEES.—On establish11 ment of a system under this section, each respective State

12 shall notify the Secretary of the Treasury, and the Sec13 retary shall notify each licensee, of the existence and pur14 pose of the system and the telephone number and other

15 electronic means that may be used to contact the system.

16 (c) OPERATION OF THE SYSTEM.—

17 (1) REQUIREMENTS FOR PROVISION OF INFOR18 MATION.—The system established under this section

19 shall not provide information to any person who

20 places a telephone call to the system with respect to

21 a person unless—

22 (A) the system verifies that the caller is a

23 licensee; and

24 (B) the licensee—

25 (i) states that a person seeks to pur26 chase a handgun from the licensee; and
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1 (ii) provides the name, birth date, and

2 social security account number (or if the

3 transferee does not have a social security

4 account number, other identifying informa5 tion about the proposed transferee as re6 quired to make a valid identification).

7 (2) INFORMATION TO BE PROVIDED.—

8 (A) IN GENERAL.—If the system receives a

9 telephone call with respect to the transfer of a

10 handgun to a person and the requirements of

11 paragraph (1) of this subsection are met, the

12 system shall, in accordance with subparagraph

13 (B) of this paragraph—

14 (i) if the receipt of a handgun by the

15 person would violate subsection (g) or (n)

16 of section 922 of title 18, United States

17 Code, inform the licensee that the transfer

18 is disapproved; and

19 (ii) if such a receipt would not be

20 such a violation—

21 (I) assign a unique identification

22 number to the transfer;

23 (II) provide the licensee with the

24 number; and
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1 (III) destroy all records of the

2 system with respect to the call (other

3 than the identifying number and the

4 date the number was assigned) and all

5 records of the system relating to the

6 person or the transfer.

7 (B) TIMING.—

8 (i) PROMPT RESPONSE REQUIRED.—

9 The system shall make every effort to pro10 vide to the caller the information required

11 by subparagraph (A) immediately or by re12 turn telephone call without delay.

13 (ii) RULES GOVERNING DELAYED RE14 SPONSES.—If the system is unable to re15 spond immediately to the inquiry due to

16 circumstances beyond the control of the

17 system, the system shall—

18 (I) advise the caller that the re19 sponse of the system will be delayed

20 and state the reasons for the delay

21 and the estimated length of the delay;

22 and

23 (II) make every effort to provide

24 the information required by subpara25 graph (A) within 8 hours after the li-
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1 censee first contacted the system with

2 respect to the transfer.

3 (d) CORRECTION OF ERRONEOUS SYSTEM.—

4 (1) ADMINISTRATIVE PROCEDURES.—If the sys5 tem established under this section informs a licensee

6 that receipt of a handgun by a person would violate

7 subsection (g) or (n) of section 922 of title 18, Unit8 ed States Code, the person may request the system

9 to provide the person with a detailed explanation, in

10 writing, of the reasons therefor. Within 5 days after

11 receipt of such a request, the system shall comply

12 with the request. The requestor may submit to the

13 system information to correct, clarify, or supplement

14 records of the system with respect to the requestor.

15 Within 5 days after receipt of such information, the

16 system shall consider such information, investigate

17 the matter further, correct all erroneous records re18 lating to the requestor, and notify any department

19 or agency of the United States or of any State or

20 political subdivision of a State that was the source

21 of the erroneous records or such errors.

22 (2) PRIVATE COURSE OF ACTION.—After all ad23 ministrative remedies are exhausted and such

24 records are not corrected, a person disapproved for

25 the purchase or receipt of a handgun because the
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1 system established under this section provided erro2 neous information relating to the person may bring

3 an action in any court of competent jurisdiction

4 against the United States, or any State or political

5 subdivision of a State that is the source of the erro6 neous information, for damages (including con7 sequential damages), injunctive relief, mandamus,

8 and such other relief as the court may deem appro9 priate. If the person prevails in the action, the court

10 shall allow the person a reasonable attorney’s fee as

11 part of the costs.

12 SEC. 736. IMPROVEMENT OF CRIMINAL JUSTICE RECORDS.

13 The Attorney General shall expedite—

14 (1) the incorporation of the remaining State

15 criminal history records into the Federal criminal

16 records systems maintained by the Federal Bureau

17 of Investigation; and

18 (2) the development of hardware and software

19 systems to link State criminal history check systems

20 into the National Crime Information Center.

21 SEC. 737. ACCESS TO STATE CRIMINAL RECORDS.

22 (a) MEANS OF COMMUNICATION.—Not later than 60

23 days after the date of the enactment of this chapter, the

24 Attorney General shall—
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1 (1) determine the type of computer hardware

2 and software that shall be used to operate the Fed3 eral criminal records system and the means by which

4 State criminal records system shall communicate

5 with the Federal system;

6 (2) investigate the criminal records system of

7 each State and determine for each State the extent

8 of such accessible criminal records that each State

9 shall be able to provide thereafter to the Federal

10 system by the effective date of section 733; and

11 (3) notify each State of the determination made

12 pursuant to paragraphs (1) and (2).

13 (b) FEDERAL SYSTEM.—Not later than the effective

14 date of section 733, the Attorney General shall provide

15 to each State access to the Federal Crime Information

16 Center, including the records of other States through a

17 network, for the purpose of permitting the State to con18 duct instant criminal background checks required by that

19 section.

20 SEC. 738. IMPROVEMENTS IN STATE RECORDS.

21 (a) IN GENERAL.—Section 509(b) of title I of the

22 Omnibus Crime Control and Safe Streets Act of 1968 (42

23 U.S.C. 3759(b)) is amended—

24 (1) by striking ‘‘and’’ at the end of paragraph

25 (2);
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1 (2) by striking the period at the end of para2 graph (3) and inserting ‘‘; and’’; and

3 (3) by adding at the end the following new

4 paragraph:

5 ‘‘(4) the improvement of State record systems

6 and the sharing of all of the records described in

7 paragraphs (1), (2), and (3) and the records re8 quired by this Act with the Attorney General for the

9 purpose of implementing this Act.’’.

10 (b) ADDITIONAL FUNDING.—Section 509 of title I of

11 the Omnibus Crime Control and Safe Streets Act of 1968

12 (42 U.S.C. 3759) is amended by adding at the end the

13 following:

14 ‘‘(e) In addition to other funds authorized in this Act,

15 there are authorized to be appropriated for fiscal year

16 1994, to be available until expended, $21,000,000 for the

17 purpose of implementing subsection (b)(4).’’.

18 (c) WITHHOLDING FUNDS.—

19 (1) Effective on the effective date of section

20 733 of this Act, the Attorney General may refuse to

21 make grants under title I of the Omnibus Crime

22 Control and Safe Streets Act of 1968 to a State that

23 does not establish and operate a State criminal

24 background check system in compliance with this

25 chapter. No State that receives funds pursuant to
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1 this chapter may charge more than $3 per trans2 action to check for the existence of a felony record

3 of a prospective purchaser of a handgun.

4 (2) Effective 1 year after the date of the enact5 ment of this chapter, the Attorney General may re6 duce by up to 10 percent the allocation to a State

7 for a fiscal year under title I of the Omnibus Crime

8 Control and Safe Streets Act of 1968 of a State that

9 is not in compliance with this chapter, and the por10 tion of the amounts that are appropriated for alloca11 tion to the States under such title for the fiscal year

12 that is equal to the amount of the reduction shall

13 thereby be rescinded.

14 SEC. 739. FUNDING OF STATE CRIMINAL RECORDS SYS15 TEMS AND DEDICATION OF FUNDS.

16 (a) INCREASE IN SPECIAL ASSESSMENTS.—Section

17 3013(a) of title 18, United States Code, is amended—

18 (1) in paragraph (1)(A)(iii), by striking ‘‘$25’’

19 and inserting ‘‘$30’’;

20 (2) in paragraph (2)(A), by striking ‘‘$50’’ and

21 inserting ‘‘$75’’; and

22 (3) in paragraph (2)(B), by striking ‘‘$200’’

23 and inserting ‘‘$250’’.

24 (b) SYSTEMS FOR SCREENING HANDGUN PUR25 CHASERS AND FOR CRIMINAL JUSTICE PURPOSES.—Not-
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1 withstanding any other law, $5 of each assessment col2 lected under section 3013(a)(1)(A)(iii) of title 18, United

3 States Code, $25 of each assessment collected under sub4 section (a)(2)(A) of that section, and $50 of each assess5 ment collected under subsection (a)(2)(B) of that section

6 shall be paid to the States, in proportion to the respective

7 populations thereof, for the purposes of carrying out this

8 chapter.

9 SEC. 740. AUTHORIZATION OF APPROPRIATIONS.

10 (a) IN GENERAL.—There are authorized to be appro11 priated such sums as are necessary to carry out this chap12 ter.

13 (b) LIMITATION ON USE.—No appropriation, grant,

14 or fund authorized under this chapter shall be used for

15 any purpose other than the creation, maintenance, and op16 eration of systems for access to criminal history records

17 and screening systems for handgun purchasers as provided

18 in this chapter.

19 Chapter 2—Other Firearms Provisions

20 SEC. 741. INCREASED PENALTY FOR INTERSTATE GUN

21 TRAFFICKING.

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

23 amended by sections 430, 706(e), 715(b), 719, and 723(c)

24 of this Act, is amended by adding at the end the following:
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1 ‘‘(n) Whoever, with the intent to engage in conduct

2 which constitutes a violation of section 922(a)(1)(A), trav3 els from any State or foreign country into any other State

4 and acquires, or attempts to acquire, a firearm in such

5 other State in furtherance of such purpose shall be impris6 oned for not more than 10 years.’’.

7 SEC. 742. PROHIBITION AGAINST TRANSACTIONS INVOLV8 ING STOLEN FIREARMS WHICH HAVE MOVED

9 IN INTERSTATE OR FOREIGN COMMERCE.

10 Section 922(j) of title 18, United States Code, is

11 amended to read as follows:

12 ‘‘(j) It shall be unlawful for any person to receive,

13 possess, conceal, store, barter, sell, or dispose of any stolen

14 firearm or stolen ammunition, or pledge or accept as secu15 rity for a loan any stolen firearm or stolen ammunition,

16 which is moving as, which is a part of, which constitutes,

17 or which has been shipped or transported in, interstate

18 or foreign commerce, either before or after it was stolen,

19 knowing or having reasonable cause to believe that the

20 firearm or ammunition was stolen.’’.

21 SEC. 743. ENHANCED PENALTIES FOR USE OF FIREARMS IN

22 CONNECTION WITH COUNTERFEITING OR

23 FORGERY.

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

25 amended by inserting ‘‘or during and in relation to any
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1 felony punishable under chapter 25,’’ after ‘‘United

2 States,’’.

3 SEC. 744. INCREASED PENALTY FOR KNOWINGLY FALSE,

4 MATERIAL STATEMENT IN FIREARM PUR5 CHASE FROM LICENSED DEALER.

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

7 amended—

8 (1) in paragraph (1)(B), by striking ‘‘(a)(6),’’;

9 and

10 (2) in paragraph (2), by inserting ‘‘(a)(6),’’

11 after ‘‘subsection’’.

12 SEC. 745. REVOCATION OF SUPERVISED RELEASE FOR POS13 SESSION OF A FIREARM IN VIOLATION OF RE14 LEASE CONDITION.

15 Section 3583 of title 18, United States Code, is

16 amended by adding at the end the following:

17 ‘‘(h) MANDATORY REVOCATION FOR POSSESSION OF

18 A FIREARM.—If the court has provided, as a condition of

19 supervised release, that the defendant refrain from pos20 sessing a firearm, and if the defendant is in actual posses21 sion of a firearm (as defined in section 921) at any time

22 prior to the expiration or termination of the term of super23 vised release, the court shall, after a hearing pursuant to

24 the provisions of the Federal Rules of Criminal Procedure

25 that are applicable to probation revocation, revoke the
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1 term of supervised release and, subject to subsection (e)(3)

2 of this section, require the defendant to serve in prison

3 all or part of the term of supervised release without credit

4 for time previously served on post release supervision.’’.

5 SEC. 746. RECEIPT OF FIREARMS BY NONRESIDENT.

6 Section 922(a) of title 18, United States Code, is

7 amended—

8 (1) in paragraph (7), by striking ‘‘and’’ at the

9 end;

10 (2) in paragraph (8), by striking the period at

11 the end and inserting ‘‘; and’’; and

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

13 ‘‘(9) for any person, other than a licensed im14 porter, licensed manufacturer, licensed dealer, or li15 censed collector, who does not reside in any State to

16 receive any firearms unless such receipt is for lawful

17 sporting purposes.’’.

18 SEC. 747. DISPOSITION OF FORFEITED FIREARMS.

19 Section 5872(b) of the Internal Revenue Code of

20 1986 is amended to read as follows:

21 ‘‘(b) DISPOSAL.—In the case of the forfeiture of any

22 firearm, where there is no remission or mitigation of for23 feiture thereof—

24 ‘‘(1) the Secretary may retain the firearm for

25 official use of the Department of the Treasury or, if
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1 not so retained, offer to transfer the weapon without

2 charge to any other executive department or inde3 pendent establishment of the Government for official

4 use by it and, if the offer is accepted, so transfer the

5 firearm;

6 ‘‘(2) if the firearm is not disposed of pursuant

7 to paragraph (1), is a firearm other than a machine

8 gun or a firearm forfeited for a violation of this

9 chapter, is a firearm that in the opinion of the Sec10 retary is not so defective that its disposition pursu11 ant to this paragraph would create an unreasonable

12 risk of a malfunction likely to result in death or bod13 ily injury, and is a firearm which (in the judgment

14 of the Secretary, taking into consideration evidence

15 of present value and evidence that like firearms are

16 not available except as collector’s items, or that the

17 value of like firearms available in ordinary commer18 cial channels is substantially less) derives a substan19 tial part of its monetary value from the fact that it

20 is novel, rare, or because of its association with some

21 historical figure, period, or event, the Secretary may

22 sell the firearm, after public notice, at public sale to

23 a dealer licensed under chapter 44 of title 18,

24 United States Code;
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1 ‘‘(3) if the firearm has not been disposed of

2 pursuant to paragraph (1) or (2), the Secretary

3 shall transfer the firearm to the Administrator of

4 General Services, who shall destroy or provide for

5 the destruction of the firearm; and

6 ‘‘(4) no decision or action of the Secretary pur7 suant to this subsection shall be subject to judicial

8 review.’’.

9 SEC. 748. CONSPIRACY TO VIOLATE FEDERAL FIREARMS

10 OR EXPLOSIVES LAWS.

11 (a) FIREARMS.—Section 924 of title 18, United

12 States Code, as amended by sections 430, 706(e), 715(b),

13 719, 723(c), and 741 of this Act, is amended by adding

14 at the end the following:

15 ‘‘(o) Whoever conspires to commit any offense pun16 ishable under this chapter shall be subject to the same

17 penalties as those prescribed for the offense the commis18 sion of which was the object of the conspiracy.’’.

19 (b) EXPLOSIVES.—Section 844 of such title is

20 amended by adding at the end the following:

21 ‘‘(k) Whoever conspires to commit any offense pun22 ishable under this chapter shall be subject to the same

23 penalties as those prescribed for the offense the commis24 sion of which was the object of the conspiracy.’’.
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1 SEC. 749. THEFT OF FIREARMS OR EXPLOSIVES FROM LI2 CENSEE.

3 (a) FIREARMS.—Section 924 of title 18, United

4 States Code, as amended by sections 430, 706(e), 715(b),

5 719, 723(c), 741, and 748(a) of this Act, is amended by

6 adding at the end the following:

7 ‘‘(p) Whoever steals any firearm from a licensed im8 porter, licensed manufacturer, licensed dealer, or licensed

9 collector shall be fined under this title, imprisoned not

10 more than ten years, or both.’’.

11 (b) EXPLOSIVES.—Section 844 of such title, as

12 amended by section 748(b) of this Act, is amended by add13 ing at the end the following:

14 ‘‘(l) Whoever steals any explosive material from a li15 censed importer, licensed manufacturer, licensed dealer, or

16 permittee shall be fined under this title, imprisoned not

17 more than ten years, or both.’’.

18 SEC. 750. PENALTIES FOR THEFT OF FIREARMS OR EXPLO19 SIVES.

20 (a) FIREARMS.—Section 924 of title 18, United

21 States Code, as amended by sections 430, 706(e), 715(b),

22 719, 723(c), 741, 748(a), and 749(a) of this Act, is

23 amended by adding at the end the following:

24 ‘‘(q) Whoever steals any firearm which is moving as,

25 or is a part of, or which has moved in, interstate or foreign
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1 commerce shall be imprisoned for not less than two nor

2 more than ten years, fined under this title, or both.’’.

3 (b) EXPLOSIVES.—Section 844 of such title, as

4 amended by sections 748(b) and 749(b) of this Act, is

5 amended by adding at the end the following:

6 ‘‘(m) Whoever steals any explosive materials which

7 are moving as, or are a part of, or which have moved in,

8 interstate or foreign commerce shall be imprisoned not less

9 than two nor more than ten years, fined under this title,

10 or both.’’.

11 SEC. 751. PROHIBITION AGAINST DISPOSING OF EXPLO12 SIVES TO PROHIBITED PERSONS.

13 Section 842(d) of title 18, United States Code, is

14 amended by striking ‘‘licensee’’ and inserting ‘‘person’’.

15 SEC. 752. PROHIBITION AGAINST THEFT OF FIREARMS OR

16 EXPLOSIVES.

17 (a) FIREARMS.—Section 924 of title 18, United

18 States Code, as amended by sections 430, 706(e), 715(b),

19 719, 722(c), 741, 748(a), 749(a), and 750(a) of this Act,

20 is amended by adding at the end the following:

21 ‘‘(r) Whoever steals any firearm which is moving as,

22 or is a part of, or which has moved in, interstate or foreign

23 commerce shall be imprisoned for not less than two nor

24 more than ten years, fined under this title, or both.’’.
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1 (b) EXPLOSIVES.—Section 844 of such title, as

2 amended by sections 748(b), 749(b), and 750(b) of this

3 Act, is amended by adding at the end the following:

4 ‘‘(n) Whoever steals any explosive materials which are

5 moving as, or are a part of, or which have moved in, inter6 state or foreign commerce shall be imprisoned not less

7 than two nor more than ten years, fined under this title,

8 or both.’’.

9 SEC. 753. INCREASED PENALTY FOR SECOND OFFENSE OF

10 USING AN EXPLOSIVE TO COMMIT A FELONY.

11 Section 844(h) of title 18, United States Code, is

12 amended by striking ‘‘ten’’ and inserting ‘‘twenty’’.

13 SEC. 754. POSSESSION OF EXPLOSIVES BY FELONS AND

14 OTHERS.

15 Section 842(i) of title 18, United States Code, is

16 amended by inserting ‘‘or possess’’ after ‘‘to receive’’.

17 SEC. 755. POSSESSION OF EXPLOSIVES DURING THE COM18 MISSION OF A FELONY.

19 Section 844(h) of title 18, United States Code, is

20 amended—

21 (1) in paragraph (2), by striking ‘‘carries’’ and

22 inserting ‘‘possesses’’; and

23 (2) in the 3rd sentence, by striking ‘‘carried’’

24 and inserting ‘‘possessed’’.
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1 SEC. 756. SUMMARY DESTRUCTION OF EXPLOSIVES SUB2 JECT TO FORFEITURE.

3 Section 844(c) of title 18, United States Code, is

4 amended—

5 (1) by inserting ‘‘(1)’’ before ‘‘Any’’; and

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

7 ‘‘(2) Notwithstanding paragraph (1), in the case of

8 the seizure of any explosive materials for any offense for

9 which the materials would be subject to forfeiture where

10 it is impracticable or unsafe to remove the materials to

11 a place of storage, or where it is unsafe to store them,

12 the seizing officer is authorized to destroy the explosive

13 materials forthwith. Any destruction under this paragraph

14 shall be in the presence of at least one credible witness.

15 The seizing officer shall make a report of the seizure and

16 take samples as the Secretary may by regulation prescribe.

17 ‘‘(3) Within sixty days after any destruction made

18 pursuant to paragraph (2), the owner of, including any

19 person having an interest in, the property so destroyed

20 may make application to the Secretary for reimbursement

21 of the value of the property. If the claimant establishes

22 to the satisfaction of the Secretary that—

23 ‘‘(A) the property has not been used or involved

24 in a violation of law; or
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1 ‘‘(B) any unlawful involvement or use of the

2 property was without the claimant’s knowledge, con3 sent, or willful blindness,

4 the Secretary shall make an allowance to the claimant not

5 exceeding the value of the property destroyed.’’.

6 SEC. 757. ELIMINATION OF OUTMODED PAROLE LAN7 GUAGE.

8 Section 924 of title 18, United States Code, is

9 amended—

10 (1) in subsection (c)(1), by striking ‘‘No person

11 sentenced under this subsection shall be eligible for

12 parole during the term of imprisonment imposed

13 herein.’’; and

14 (2) in subsection (e)(1), by striking ‘‘, and such

15 person shall not be eligible for parole with respect to

16 the sentence imposed under this subsection’’.

17 Subtitle D—Miscellaneous

18 SEC. 761. INCREASED PENALTIES FOR TRAVEL ACT CRIMES

19 INVOLVING VIOLENCE AND CONSPIRACY TO

20 COMMIT CONTRACT KILLINGS.

21 (a) TRAVEL ACT PENALTIES.—Section 1952(a) of

22 title 18, United States Code, is amended by striking ‘‘and

23 thereafter performs or attempts to perform any of the acts

24 specified in subparagraphs (1), (2), and (3), shall be fined

25 not more than $10,000 or imprisoned for not more than
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1 five years, or both.’’ and inserting ‘‘and thereafter per2 forms or attempts to perform—

3 ‘‘(A) an act described in paragraph (1) or (3)

4 shall be fined under this title, imprisoned not more

5 than 5 years, or both; or

6 ‘‘(B) an act described in paragraph (2) shall be

7 fined under this title, imprisoned for not more than

8 20 years, or both, and if death results shall be im9 prisoned for any term of years or for life.’’.

10 (b) MURDER CONSPIRACY PENALTIES.—Section

11 1958(a) of title 18, United States Code, is amended by

12 inserting ‘‘or who conspires to do so’’ before ‘‘shall be

13 fined’’ the first place it appears.

14 SEC. 762. CRIMINAL OFFENSE FOR FAILING TO OBEY AN

15 ORDER TO LAND A PRIVATE AIRCRAFT.

16 (A) IN GENERAL.—Chapter 109 of title 18, United

17 States Code, is amended by adding at the end the follow18 ing new section:

19 ‘‘§ 2237. Order to land

20 ‘‘(a)(1) A pilot or operator of an aircraft that has

21 crossed the border of the United States, or an aircraft

22 subject to the jurisdiction of the United States operating

23 outside the United States, who intentionally fails to obey

24 an order to land issued by an authorized Federal law en25 forcement officer who has observed conduct or is otherwise
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1 in possession of information establishing reasonable sus2 picion that the aircraft is being used unlawfully in viola3 tion of the laws of the United States relating to controlled

4 substances as that term is defined in section 102(6) of

5 the Controlled Substances Act, or section 1956 or 1957

6 of this title (relating to money launderings), shall be fined

7 under this title, or imprisoned for not more than 2 years,

8 or both.

9 ‘‘(2) The Secretary of the Treasury and the Secretary

10 of Transportation, in consultation with the Attorney Gen11 eral, shall make rules governing the means by which a

12 Federal Law enforcement officer may communicate an

13 order to land to a pilot or operator of an aircraft.

14 ‘‘(3) This section does not limit the authority of a

15 customs officer under section 581 of the Tariff Act of

16 1930 or another law the Customs Service enforces or ad17 ministers, or the authority of a Federal law enforcement

18 officer under a law of the United States to order an air19 craft to land.

20 ‘‘(b) A foreign nation may consent or waive objection

21 to the United States enforcing the laws of the United

22 States by radio, telephone, or similar oral or electronic

23 means. Consent or waiver may be proven by certification

24 of the Secretary of State or the Secretary’s designee.

25 ‘‘(c) For purposes of this section—
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1 ‘‘(1) the term ‘aircraft subject to the jurisdic2 tion of the United States’ includes—

3 ‘‘(A) an aircraft located over the United

4 States or the customs waters of the United

5 States;

6 ‘‘(B) an aircraft located in the airspace of

7 a foreign nation, when that nation consents to

8 United States enforcement of United States

9 law; and

10 ‘‘(C) over the high seas, an aircraft with11 out nationality, an aircraft of the United States

12 registry, or an aircraft registered in a foreign

13 nation that has consented or waived objection

14 to the United States enforcement of United

15 States law; and

16 ‘‘(2) the term ‘Federal law enforcement officer’

17 has the same meaning that term has in section 115

18 of this title.

19 ‘‘(d) An aircraft that is used in violation of this sec20 tion is liable in rem for a fine imposed under this section;

21 ‘‘(e) An aircraft that is used in violation of this sec22 tion may be seized and forfeited. The laws relating to sei23 zure and forfeiture for violation of the customs laws, in24 cluding available defenses such as innocent owner provi-
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1 sions, apply to aircraft seized or forfeited under this sec2 tion.’’.

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

4 at the beginning of chapter 109 of title 18, United States

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

6 item:

‘‘2237. Order to land.’’

7 SEC. 763. AMENDMENT TO THE MANSFIELD AMENDMENT

8 TO PERMIT MARITIME LAW ENFORCEMENT

9 OPERATIONS IN ARCHIPELAGIC WATERS.

10 Section 481(c)(4) of Public Law 87–195 (22 U.S.C.

11 2291(c)) is amended by inserting ‘‘, and archipelagic wa12 ters’’ after ‘‘territorial sea’’.

13 SEC. 764. ENHANCEMENT OF PENALTIES FOR DRUG TRAF14 FICKING IN PRISONS.

15 Section 1791 of title 18, United States Code, is

16 amended—

17 (1) in subsection (c), by inserting before ‘‘Any’’

18 the following new sentence: ‘‘Any punishment im19 posed under subsection (b) for a violation of this

20 section involving a controlled substance shall be con21 secutive to any other sentence imposed by any court

22 for an offense involving such a controlled sub23 stance.’’.

24 (2) in subsection (d)(1)(A) by inserting after ‘‘a

25 firearm or destructive device’’ the following, ‘‘or a
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1 controlled substance in schedule I or II, other than

2 marijuana or a controlled substance referred to in

3 subparagraph (C) of this subsection’’;

4 SEC. 765. REMOVAL OF TV BROADCAST LICENSE CONTIN5 GENT ON BROADCAST OF PUBLIC SERVICE

6 ANNOUNCEMENTS REGARDING DRUG ABUSE.

7 Section 311 of the Communications Act of 1934 is

8 amended by adding at the end the following new sub9 section:

10 ‘‘(e)(1) As part of its obligations to ensure that

11 broadcast licenses are issued consistent with the public in12 terest, convenience, and necessity, the Commission shall,

13 in its review of any application for renewal of a commer14 cial or noncommercial television broadcast license, con15 sider the extent to which the licensee has participated in

16 efforts to educate and inform the public as to the dangers

17 of drug abuse and appropriate methods for obtaining

18 treatment. The Commission shall not find that a renewal

19 of such a license is consistent with the public interest, con20 venience, and necessity unless the applicant demonstrates

21 that the station has broadcast public service announce22 ments concerning drug and substance abuse and treat23 ment during each hour of its broadcasting day, and that

24 the duration of such announcements is equal to not less
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1 than 5 percent of the duration of the commercial adver2 tisements broadcast by that station during that hour.

3 ‘‘(2) The Commission shall, in each annual report

4 submitted under section 4(k) after the date of enactment

5 of this subsection, include an analysis of broadcasters’

6 progress in meeting the requirements of this subsection.

7 Such report shall include statistics concerning the propor8 tion of broadcast time devoted to public service announce9 ments generally, and to meeting the requirements of this

10 subsection.’’.

11 TITLE VIII—ELIMINATION OF

12 DELAYS IN CARRYING OUT

13 SENTENCES.

14 Subtitle A—Post Conviction Peti15 tions: General Habeas Corpus

16 Reform.

17 SEC. 801. PERIOD OF LIMITATION FOR FILING WRIT OF HA18 BEAS CORPUS FOLLOWING FINAL JUDGMENT

19 OF A STATE COURT.

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

21 amended by adding at the end the following:

22 ‘‘(d) A one-year period of limitation shall apply to an

23 application for a writ of habeas corpus by a person in cus24 tody pursuant to the judgment of a State court. The limi-
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1 tation period shall run from the latest of the following

2 times:

3 ‘‘(1) The time at which State remedies are ex4 hausted.

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

6 an application created by State action in violation of

7 the Constitution or laws of the United States is re8 moved, where the applicant was prevented from fil9 ing by such State action.

10 ‘‘(3) The time at which the Federal right as11 serted was initially recognized by the Supreme

12 Court, where the right has been newly recognized by

13 the Court and is retroactively applicable.

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

15 the claim or claims presented could have been dis16 covered through the exercise of reasonable dili17 gence.’’.

18 SEC. 802. AUTHORITY OF APPELLATE JUDGES TO ISSUE

19 CERTIFICATES OF PROBABLE CAUSE FOR AP20 PEAL IN HABEAS CORPUS AND FEDERAL COL21 LATERAL RELIEF PROCEEDINGS.

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

23 amended to read as follows:
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1 ‘‘§ 2253. Appeal

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

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

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

5 by the court of appeals for the circuit where the proceed6 ing is had.

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

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

9 remove, to another district or place for commitment or

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

11 United States, or to test the validity of his detention pend12 ing removal proceedings.

13 ‘‘(c) An appeal may not be taken to the court of ap14 peals from the final order in a habeas corpus proceeding

15 where the detention complained of arises out of process

16 issued by a State court, or from the final order in a pro17 ceeding under section 2255 of this title, unless a circuit

18 justice or judge issues a certificate of probable cause.’’.

19 SEC. 803. CONFORMING AMENDMENT TO THE RULES OF AP20 PELLATE PROCEDURE.

21 Federal Rule of Appellate Procedure 22 is amended

22 to read as follows:

23 ‘‘RULE 22

24 ‘‘HABEAS CORPUS AND SECTION 2255 PROCEEDINGS

25 ‘‘(a) APPLICATION FOR AN ORIGINAL WRIT OF HA26 BEAS CORPUS.—An application for a writ of habeas cor-
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1 pus shall be made to the appropriate district court. If ap2 plication is made to a circuit judge, the application will

3 ordinarily be transferred to the appropriate district court.

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

5 court and denied, renewal of the application before a cir6 cuit judge is not favored; the proper remedy is by appeal

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

8 denying the writ.

9 ‘‘(b) NECESSITY OF CERTIFICATE OF PROBABLE

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

11 which the detention complained of arises out of process

12 issued by a State court, and in a motion proceeding pursu13 ant to section 2255 of title 28, United States Code, an

14 appeal by the applicant or movant may not proceed unless

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

16 a request for a certificate of probable cause is addressed

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

18 the judges thereof and shall be considered by a circuit

19 judge or judges as the court deems appropriate. If no ex20 press request for a certificate is filed, the notice of appeal

21 shall be deemed to constitute a request addressed to the

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

23 a State or the Government or its representative, a certifi24 cate of probable cause is not required.’’.
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1 SEC. 804. DISCRETION TO DENY HABEAS CORPUS APPLICA2 TION DESPITE FAILURE TO EXHAUST STATE

3 REMEDIES.

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

5 amended to read as follows:

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

7 behalf of a person in custody pursuant to the judgment

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

9 that the applicant has exhausted the remedies available

10 in the courts of the State, or that there is either an ab11 sence of available State corrective process or the existence

12 of circumstances rendering such process ineffective to pro13 tect the rights of the applicant. An application may be

14 denied on the merits notwithstanding the failure of the

15 applicant to exhaust the remedies available in the courts

16 of the State.’’.

17 SEC. 805. PERIOD OF LIMITATION FOR FEDERAL PRIS18 ONERS FILING FOR COLLATERAL REMEDY.

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

20 amended by striking the second paragraph and the penul21 timate paragraph thereof, and by adding at the end the

22 following new paragraphs:

23 ‘‘A two-year period of limitation shall apply to a mo24 tion under this section. The limitation period shall run

25 from the latest of the following times:
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1 ‘‘(1) The time at which the judgment of convic2 tion becomes final.

3 ‘‘(2) The time at which the impediment to mak4 ing a motion created by governmental action in vio5 lation of the Constitution or laws of the United

6 States is removed, where the movant was prevented

7 from making a motion by such governmental action.

8 ‘‘(3) The time at which the right asserted was

9 initially recognized by the Supreme Court, where the

10 right has been newly recognized by the Court and is

11 retroactively applicable.

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

13 the claim or claims presented could have been dis14 covered through the exercise of reasonable dili15 gence.’’.

16 Subtitle B—Special Procedures for

17 Collateral Proceedings in Cap18 ital Cases

19 SEC. 811. DEATH PENALTY LITIGATION PROCEDURES.

20 Title 28, United States Code, is amended by inserting

21 the following new chapter immediately following chapter

22 153:
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1 ‘‘CHAPTER 154—SPECIAL HABEAS CORPUS

2 PROCEDURES IN CAPITAL CASES

‘‘Sec.

‘‘2256. Prisoners in State custody subject to capital sentence; appointment of

counsel; requirement of rule of court or statute; procedures for

appointment.

‘‘2257. Mandatory stay of execution; duration; limits on stays of execution; successive petitions.

‘‘2258. Filing of habeas corpus petition; time requirements; tolling rules.

‘‘2259. Evidentiary hearings; scope of Federal review; district court adjudication.

‘‘2260. Certificate of probable cause inapplicable.

‘‘2261. Application to State unitary review procedures.

‘‘2262. Limitation periods for determining petitions.

‘‘2263. Rule of construction.

3 ‘‘§ 2256. Prisoners in State custody subject to capital

4 sentence; appointment of counsel; re5 quirement of rule of court or statute; pro6 cedures for appointment

7 ‘‘(a) This chapter shall apply to cases arising under

8 section 2254 brought by prisoners in State custody who

9 are subject to a capital sentence. It shall apply only if the

10 provisions of subsections (b) and (c) are satisfied.

11 ‘‘(b) This chapter is applicable if a State establishes

12 by rule of its court of last resort or by statute a mecha13 nism for the appointment, compensation and payment of

14 reasonable litigation expenses of competent counsel in

15 State postconviction proceedings brought by indigent pris16 oners whose capital convictions and sentences have been

17 upheld on direct appeal to the court of last resort in the

18 State or have otherwise become final for State law pur-
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1 poses. The rule of court or statute must provide standards

2 of competency for the appointment of such counsel.

3 ‘‘(c) Any mechanism for the appointment, compensa4 tion and reimbursement of counsel as provided in sub5 section (b) must offer counsel to all State prisoners under

6 capital sentence and must provide for the entry of an

7 order by a court of record: (1) appointing one or more

8 counsel to represent the prisoner upon a finding that the

9 prisoner is indigent and accepted the offer or is unable

10 competently to decide whether to accept or reject the offer;

11 (2) finding, after a hearing if necessary, that the prisoner

12 rejected the offer of counsel and made the decision with

13 an understanding of its legal consequences; or (3) denying

14 the appointment of counsel upon a finding that the pris15 oner is not indigent.

16 ‘‘(d) No counsel appointed pursuant to subsections

17 (b) and (c) to represent a State prisoner under capital

18 sentence shall have previously represented the prisoner at

19 trial or on direct appeal in the case for which the appoint20 ment is made unless the prisoner and counsel expressly

21 request continued representation.

22 ‘‘(e) The ineffectiveness or incompetence of counsel

23 during State or Federal collateral postconviction proceed24 ings in a capital case shall not be a ground for relief in

25 a proceeding arising under section 2254 of this chapter.
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1 This limitation shall not preclude the appointment of dif2 ferent counsel, on the court’s own motion or at the request

3 of the prisoner, at any phase of State or Federal

4 postconviction proceedings on the basis of the ineffective5 ness or incompetence of counsel in such proceedings.

6 ‘‘§ 2257. Mandatory stay of execution; duration; limits

7 on stays of execution; successive peti8 tions

9 ‘‘(a) Upon the entry in the appropriate State court

10 of record of an order under section 2256(c), a warrant

11 or order setting an execution date for a State prisoner

12 shall be stayed upon application to any court that would

13 have jurisdiction over any proceedings filed under section

14 2254. The application must recite that the State has in15 voked the postconviction review procedures of this chapter

16 and that the scheduled execution is subject to stay.

17 ‘‘(b) A stay of execution granted pursuant to sub18 section (a) shall expire if—

19 ‘‘(1) a State prisoner fails to file a habeas cor20 pus petition under section 2254 within the time re21 quired in section 2258, or fails to make a timely ap22 plication for court of appeals review following the de23 nial of such a petition by a district court;

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

25 of appeals review under section 2254 the petition for
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1 relief is denied and (A) the time for filing a petition

2 for certiorari has expired and no petition has been

3 filed; (B) a timely petition for certiorari was filed

4 and the Supreme Court denied the petition; or (C)

5 a timely petition for certiorari was filed and upon

6 consideration of the case, the Supreme Court dis7 posed of it in a manner that left the capital sentence

8 undisturbed; or

9 ‘‘(3) before a court of competent jurisdiction, in

10 the presence of counsel and after having been ad11 vised of the consequences of his decision, a State

12 prisoner under capital sentence waives the right to

13 pursue habeas corpus review under section 2254.

14 ‘‘(c) If one of the conditions in subsection (b) has

15 occurred, no Federal court thereafter shall have the au16 thority to enter a stay of execution or grant relief in a

17 capital case unless—

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

19 is a claim not previously presented in the State or

20 Federal courts;

21 ‘‘(2) the failure to raise the claim is (A) the re22 sult of State action in violation of the Constitution

23 or laws of the United States; (B) the result of the

24 Supreme Court recognition of a new Federal right

25 that is retroactively applicable; or (C) based on a
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1 factual predicate that could not have been discovered

2 through the exercise of reasonable diligence in time

3 to present the claim for State or Federal

4 postconviction review; and

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

6 sufficient, if proven, to undermine the court’s con7 fidence in the determination of guilt on the offense

8 or offenses for which the death penalty was imposed.

9 ‘‘§ 2258. Filing of habeas corpus petition; time re10 quirements; tolling rules

11 ‘‘Any petition for habeas corpus relief under section

12 2254 must be filed in the appropriate district court within

13 one hundred and eighty days from the filing in the appro14 priate State court of record of an order under section

15 2256(c). The time requirements established by this section

16 shall be tolled—

17 ‘‘(1) from the date that a petition for certiorari

18 is filed in the Supreme Court until the date of final

19 disposition of the petition if a State prisoner files

20 the petition to secure review by the Supreme Court

21 of the affirmance of a capital sentence on direct re22 view by the court of last resort of the State or other

23 final State court decision on direct review;

24 ‘‘(2) during any period in which a State pris25 oner under capital sentence has a properly filed re-
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•HR 2872 SC

1 quest for postconviction review pending before a

2 State court of competent jurisdiction; if all State fil3 ing rules are met in a timely manner, this period

4 shall run continuously from the date that the State

5 prisoner initially files for postconviction review until

6 final disposition of the case by the highest court of

7 the State, but the time requirements established by

8 this section are not tolled during the pendency of a

9 petition for certiorari before the Supreme Court ex10 cept as provided in paragraph (1); and

11 ‘‘(3) during an additional period not to exceed

12 sixty days, if (A) a motion for an extension of time

13 is filed in the Federal district court that would have

14 proper jurisdiction over the case upon the filing of

15 a habeas corpus petition under section 2254; and

16 (B) a showing of good cause is made for the failure

17 to file the habeas corpus petition within the time pe18 riod established by this section.

19 ‘‘§ 2259. Evidentiary hearings; scope of Federal re20 view; district court adjudication

21 ‘‘(a) Whenever a State prisoner under a capital sen22 tence files a petition for habeas corpus relief to which this

23 chapter applies, the district court shall—

24 ‘‘(1) determine the sufficiency of the record for

25 habeas corpus review based on the claims actually
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1 presented and litigated in the State courts except

2 when the prisoner can show that the failure to raise

3 or develop a claim in the State courts is (A) the re4 sult of State action in violation of the Constitution

5 or laws of the United States; (B) the result of the

6 Supreme Court recognition of a new Federal right

7 that is retroactively applicable; or (C) based on a

8 factual predicate that could not have been discovered

9 through the exercise of reasonable diligence in time

10 to present the claim for State postconviction review;

11 and

12 ‘‘(2) conduct any requested evidentiary hearing

13 necessary to complete the record for habeas corpus

14 review.

15 ‘‘(b) Upon the development of a complete evidentiary

16 record, the district court shall rule on the claims that are

17 properly before it.

18 ‘‘§ 2260. Certificate of probable cause inapplicable

19 ‘‘The requirement of a certificate of probable cause

20 in order to appeal from the district court to the court of

21 appeals does not apply to habeas corpus cases subject to

22 the provisions of this chapter except when a second or suc23 cessive petition is filed.
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•HR 2872 SC

1 ‘‘§ 2261. Application to State unitary review proce2 dure

3 ‘‘(a) For purposes of this section, a ‘unitary review’

4 procedure means a State procedure that authorizes a per5 son under sentence of death to raise, in the course of di6 rect review of the judgment, such claims as could be raised

7 on collateral attack. The provisions of this chapter shall

8 apply, as provided in this section, in relation to a State

9 unitary review procedure if the State establishes by rule

10 of its court of last resort or by statute a mechanism for

11 the appointment, compensation and payment of reasonable

12 litigation expenses of competent counsel in the unitary re13 view proceedings, including expenses relating to the litiga14 tion of collateral claims in the proceedings. The rule of

15 court or statute must provide standards of competency for

16 the appointment of such counsel.

17 ‘‘(b) A unitary review procedure, to qualify under this

18 section, must include an offer of counsel following trial

19 for the purpose of representation on unitary review, and

20 entry of an order, as provided in section 2256(c), concern21 ing appointment of counsel or waiver or denial of appoint22 ment of counsel for that purpose. No counsel appointed

23 to represent the prisoner in the unitary review proceedings

24 shall have previously represented the prisoner at trial in

25 the case for which the appointment is made unless the
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1 prisoner and counsel expressly request continued represen2 tation.

3 ‘‘(c) Sections 2257, 2258, 2259, 2260, and 2262

4 shall apply in relation to cases involving a sentence of

5 death from any State having a unitary review procedure

6 that qualifies under this section. References to State ‘post7 conviction review’ and ‘direct review’ in those sections

8 shall be understood as referring to unitary review under

9 the State procedure. The references in sections 2257(a)

10 and 2258 to ‘an order under section 2256(c)’ shall be un11 derstood as referring to the post-trial order under sub12 section (b) concerning representation in the unitary review

13 proceedings, but if a transcript of the trial proceedings

14 is unavailable at the time of the filing of such an order

15 in the appropriate State court, then the start of the one

16 hundred and eighty day limitation period under section

17 2258 shall be deferred until a transcript is made available

18 to the prisoner or his counsel.

19 ‘‘§ 2262. Limitation periods for determining petitions

20 ‘‘(a) The adjudication of any petition under section

21 2254 of title 28, United States Code, that is subject to

22 this chapter, and the adjudication of any motion under

23 section 2255 of title 28, United States Code, by a person

24 under sentence of death, shall be given priority by the dis25 trict court and by the court of appeals over all noncapital
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•HR 2872 SC

1 matters. The adjudication of such a petition or motion

2 shall be subject to the following time limitations:

3 ‘‘(1) A Federal district court shall determine

4 such a petition or motion within 180 days of filing.

5 ‘‘(2)(A) The court of appeals shall hear and de6 termine any appeal relating to such a petition or

7 motion within 180 days after the notice of appeal is

8 filed.

9 ‘‘(B) The court of appeals shall decide any ap10 plication for rehearing en banc within 30 days of the

11 filing of such application unless a responsive plead12 ing is required in which case the court of appeals

13 shall decide the application within 30 days of the fil14 ing of the responsive pleading. If en banc consider15 ation is granted, the en banc court shall determine

16 the appeal within 180 days of the decision to grant

17 such consideration.

18 ‘‘(b) The time limitations under subsection (a) shall

19 apply to an initial petition or motion, and to any second

20 or successive petition or motion. The same limitations

21 shall also apply to the re-determination of a petition or

22 motion or related appeal following a remand by the court

23 of appeals or the Supreme Court for further proceedings,

24 and in such a case the limitation period shall run from

25 the date of the remand.
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•HR 2872 SC

1 ‘‘(c) The time limitations under this section shall not

2 be construed to entitle a petitioner or movant to a stay

3 of execution, to which the petitioner or movant would oth4 erwise not be entitled, for the purpose of litigating any

5 petition, motion, or appeal.

6 ‘‘(d) The failure of a court to meet or comply with

7 the time limitations under this section shall not be a

8 ground for granting relief from a judgment of conviction

9 or sentence. The State or Government may enforce the

10 time limitations under this section by applying to the court

11 of appeals or the Supreme Court for a writ of mandamus.

12 ‘‘(e) The Administrative Office of United States

13 Courts shall report annually to Congress on the compli14 ance by the courts with the time limits established in this

15 section.

16 ‘‘§ 2263. Rule of construction

17 ‘‘This chapter shall be construed to promote the expe18 ditious conduct and conclusion of State and Federal court

19 review in capital cases.’’.

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

21 at the beginning of part VI of title 28, United States Code,

22 is amended by inserting after the item relating to chapter

23 153 the following new item:

‘‘154. Special habeas corpus procedures in capital cases 2256’’.
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•HR 2872 SC

1 Subtitle C—Funding for Litigation

2 of Federal Habeas Corpus Peti3 tions in Capital Cases

4 SEC. 821. FUNDING FOR DEATH PENALTY PROSECUTIONS.

5 Part E of title I of the Omnibus Crime Control and

6 Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is

7 amended by adding at the end the following new section:

8 ‘‘SEC. 515. Notwithstanding any other provision of

9 this subpart, the Director shall provide grants to the

10 States, from the funding allocated pursuant to section

11 511, for the purpose of supporting litigation pertaining to

12 Federal habeas corpus petitions in capital cases. The total

13 funding available for such grants within any fiscal year

14 shall be equal to the funding provided to capital resource

15 centers, pursuant to Federal appropriation, in the same

16 fiscal year.’’.

17 TITLE IX—PUBLIC CORRUPTION

18 SEC. 901. OFFENSES.

19 (a) OFFENSES.—Chapter 11 of title 18, United

20 States Code, is amended by adding at the end the follow21 ing:

22 ‘‘§ 226. Public corruption

23 ‘‘(a) STATE AND LOCAL GOVERNMENT.—

24 ‘‘(1) HONEST SERVICES.—Whoever, in a cir25 cumstance described in paragraph (3), deprives or
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1 defrauds, or endeavors to deprive or to defraud, by

2 any scheme or artifice, the inhabitants of a State of

3 the honest services of an official of that State, shall

4 be fined under this title, or imprisoned for not more

5 than 10 years, or both.

6 ‘‘(2) FAIR AND IMPARTIAL ELECTIONS.—Who7 ever, in a circumstance described in paragraph (3),

8 deprives or defrauds, or endeavors to deprive or to

9 defraud, by any scheme or artifice, the inhabitants

10 of a State of a fair and impartially conducted elec11 tion process in any primary, run-off, special, or gen12 eral election—

13 ‘‘(A) through the procurement, casting, or

14 tabulation of ballots that are materially false,

15 fictitious, or fraudulent, or that are invalid,

16 under the laws of the State in which the elec17 tion is held;

18 ‘‘(B) through paying or offering to pay any

19 person for voting;

20 ‘‘(C) through the procurement or submis21 sion of voter registrations that contain false

22 material information, or omit material informa23 tion; or

24 ‘‘(D) through the filing of any report re25 quired to be filed under State law regarding an
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•HR 2872 SC

1 election campaign that contains false material

2 information or omits material information;

3 shall be fined under this title or imprisoned for not

4 more than 10 years, or both.

5 ‘‘(3) CIRCUMSTANCES IN WHICH OFFENSE OC6 CURS.—The circumstances referred to in paragraphs

7 (1) and (2) are that—

8 ‘‘(A) for the purpose of executing or con9 cealing a scheme or artifice described in para10 graph (1) or (2) or attempting to do so, a per11 son—

12 ‘‘(i) places in any post office or au13 thorized depository for mail matter, any

14 matter or thing to be sent or delivered by

15 the Postal Service, or takes or receives

16 from any such post office or depository,

17 any such matter or thing, or knowingly

18 causes to be delivered by mail according to

19 the direction on the mail, or at the place

20 at which it is directed to be delivered by

21 the person to whom it is addressed, any

22 such matter or thing;

23 ‘‘(ii) transports or causes to be trans24 ported any person or thing, or induces any
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•HR 2872 SC

1 person to travel in or to be transported in,

2 interstate or foreign commerce; or

3 ‘‘(iii) uses or causes the use of any fa4 cility in interstate or foreign commerce;

5 ‘‘(B) the scheme or artifice affects or con6 stitutes an attempt to affect in any manner or

7 degree, or would if executed or concealed so af8 fect, interstate or foreign commerce; or

9 ‘‘(C) in the case of an offense described in

10 paragraph (2), an objective of the scheme or ar11 tifice is to secure the election of an official who,

12 if elected, would have some authority over the

13 administration of funds derived from an Act of

14 Congress totaling $10,000 or more during the

15 12-month period immediately preceding or fol16 lowing the election or date of the offense.

17 ‘‘(b) FEDERAL GOVERNMENT.—Whoever deprives or

18 defrauds, or endeavors to deprive or to defraud, by any

19 scheme or artifice, the inhabitants of the United States

20 of the honest services of an official of the United States

21 shall be fined under this title or imprisoned for not more

22 than 10 years, or both.

23 ‘‘(c) OFFENSE BY AN OFFICIAL AGAINST AN EM24 PLOYEE OR OFFICIAL.—
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1 ‘‘(1) CRIMINAL OFFENSE.—Whoever, being an

2 official of a State or the United States, directly or

3 indirectly, discharges, demotes, suspends, threatens,

4 harasses, or, in any manner, discriminates against

5 another official of a State or the United States, or

6 endeavors to do so, in order to carry out or to con7 ceal a scheme or artifice described in subsection (a)

8 or (b), shall be fined under this title or imprisoned

9 for not more than 5 years, or both.

10 ‘‘(2) CIVIL ACTION.—(A) Any official who is

11 discharged, demoted, suspended, threatened, har12 assed, or in any other manner discriminated against

13 because of lawful acts done by the official as a result

14 of a violation of subsection (a) or (b) or because of

15 actions by the official on behalf of himself or herself

16 or others in furtherance of a prosecution under sub17 section (a) or (b) (including investigation for, initi18 ation of, testimony for, or assistance in such a pros19 ecution) may, in a civil action, obtain all relief nec20 essary to make such individual whole, including—

21 ‘‘(i) reinstatement with the same seniority

22 status the official would have had but for the

23 violation of paragraph (1);

24 ‘‘(ii) 3 times the amount of back pay;

25 ‘‘(iii) interest on the back pay; and
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1 ‘‘(iv) compensation for any special dam2 ages sustained as a result of the violation of

3 paragraph (1), including reasonable litigation

4 costs and reasonable attorney’s fees.

5 ‘‘(B) An individual is not eligible for relief

6 under subparagraph (A) if that individual partici7 pated in the violation of subsection (a) or (b) with

8 respect to which such relief is sought.

9 ‘‘(C) A civil action or proceeding authorized by

10 this paragraph shall be stayed by a court upon the

11 certification of an attorney for the Government that

12 prosecution of the action or proceeding may ad13 versely affect the interests of the Government in a

14 pending criminal investigation or proceeding. The at15 torney for the Government shall promptly notify the

16 court when the stay may be lifted without such ad17 verse effects.

18 ‘‘(d) DEFINITIONS.—As used in this section—

19 ‘‘(1) the term ‘official’ means—

20 ‘‘(A) in the case of an official of a State—

21 ‘‘(i) any person employed by, exercis22 ing any authority derived from, or holding

23 any position in the government of a State,

24 including any department, independent es25 tablishment, commission, administration,
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1 authority, board, or bureau, or a corpora2 tion or other legal entity established and

3 subject to control by a State for the execu4 tion of a program of such State;

5 ‘‘(ii) a juror;

6 ‘‘(iii) any person acting or pretending

7 to act under color of official authority; and

8 ‘‘(iv) any person who has been nomi9 nated, appointed, or selected to be an offi10 cial described in clause (i), (ii), or (iii) or

11 who has been officially informed that he or

12 she will be so nominated, appointed, or se13 lected; and

14 ‘‘(B) in the case of an official of the

15 United States—

16 ‘‘(i) an officer or employee or person

17 acting for or on behalf of the United

18 States, or any department, agency, or

19 branch of the United States Government in

20 any official function, under or by authority

21 of any such department, agency, or branch

22 of Government;

23 ‘‘(ii) a juror;

24 ‘‘(iii) any person acting or pretending

25 to act under color of official authority; and
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1 ‘‘(iv) any person who has been nomi2 nated, appointed, or selected to be an offi3 cial described in clause (i), (ii), or (iii), or

4 has been officially informed that he or she

5 will be so nominated, appointed, or se6 lected;

7 ‘‘(2) the term ‘person acting or pretending to

8 act under color of official authority’ means any per9 son who represents that he or she controls, is an

10 agent of, or otherwise acts on behalf of an official;

11 ‘‘(3) the term ‘State’ means a State of the

12 United States, the District of Columbia, any com13 monwealth, territory, or possession of the United

14 States, and any political subdivision of such State,

15 District, commonwealth, territory, or possession; and

16 ‘‘(4) the term ‘uses any facility in interstate or

17 foreign commerce’ includes the intrastate use of any

18 facility that may also be used in interstate or foreign

19 commerce.’’.

20 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

21 (1) The table of sections at the beginning of chapter 11

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

23 the end the following item:

‘‘226. Public corruption.’’.

24 (2) Section 1961(1) of title 18, United States Code,

25 is amended by inserting ‘‘section 226 (relating to public
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1 corruption),’’ after ‘‘section 224 (relating to sports brib2 ery),’’.

3 (3) Section 2516(1)(c) of title 18, United States

4 Code, is amended by inserting ‘‘section 226 (relating to

5 public corruption),’’ after ‘‘section 224 (bribery in sport6 ing contests),’’.

7 SEC. 902. INTERSTATE COMMERCE.

8 (a) IN GENERAL.—Section 1343 of title 18, United

9 States Code, is amended—

10 (1) by striking ‘‘transmits or causes to be

11 transmitted by means of wire, radio, or television

12 communication in interstate or foreign commerce,

13 any writings, signs, signals, pictures, or sounds’’ and

14 inserting ‘‘uses or causes to be used any facility in

15 interstate or foreign commerce (as defined in section

16 226(d)(5) of this title)’’; and

17 (2) by inserting ‘‘or attempting to do so’’ after

18 ‘‘for the purpose of executing such scheme or arti19 fice’’.

20 (b) CONFORMING AMENDMENTS.—(1) The section

21 caption for section 1343 of title 18, United States Code,

22 is amended to read as follows:
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1 ‘‘§ 1343. Fraud by use of facility in interstate com2 merce’’.

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

4 63 of title 18, United States Code, is amended by striking

5 the item relating to section 1343 and inserting the follow6 ing:

‘‘1343. Fraud by use of facility in interstate commerce.’’.

7 SEC. 903. NARCOTICS-RELATED PUBLIC CORRUPTION.

8 (a) IN GENERAL.—Chapter 11 of title 18, United

9 States Code, is amended by inserting after section 219 the

10 following:

11 ‘‘§ 220. Narcotics and public corruption

12 ‘‘(a) OFFENSE BY PUBLIC OFFICIAL.—Any public of13 ficial who, in a circumstance described in subsection (c),

14 directly or indirectly, corruptly demands, seeks, receives,

15 accepts, or agrees to receive or accept anything of value

16 personally or for any other person in return for—

17 ‘‘(1) being influenced in the performance or

18 nonperformance of any official act; or

19 ‘‘(2) being influenced to commit or to aid in

20 committing, or to collude in, or to allow or make op21 portunity for the commission of any offense against

22 the United States or any State;

23 shall be guilty of a class B felony.

24 ‘‘(b) OFFENSE BY PERSON OTHER THAN A PUBLIC

25 OFFICIAL.—Any person who, in a circumstance described
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1 in subsection (c), directly or indirectly, corruptly gives, of2 fers, or promises anything of value to any public official,

3 or offers or promises any public official to give anything

4 of value to any other person, with the intent—

5 ‘‘(1) to influence any official act;

6 ‘‘(2) to influence the public official to commit

7 or aid in committing, or to collude in, or to allow or

8 make opportunity for the commission of any offense

9 against the United States or any State; or

10 ‘‘(3) to influence the public official to do or to

11 omit to do any act in violation of such official’s law12 ful duty;

13 shall be guilty of a class B felony.

14 ‘‘(c) CIRCUMSTANCES IN WHICH OFFENSE OC15 CURS.—The circumstances referred to in subsections (a)

16 and (b) are that the offense involves, is part of, or is in17 tended to further or to conceal the illegal possession, im18 portation, manufacture, transportation, or distribution of

19 any controlled substance or controlled substance analogue.

20 ‘‘(d) DEFINITIONS.—As used in this section—

21 ‘‘(1) the terms ‘controlled substance’ and ‘con22 trolled substance analogue’ have the meanings given

23 those terms in section 102 of the Controlled Sub24 stances Act;
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1 ‘‘(2) the term ‘official act’ means any decision,

2 action, or conduct regarding any question, matter,

3 proceeding, cause, suit, investigation, or prosecution

4 which may at any time be pending, or which may be

5 brought before any public official, in such official’s

6 official capacity, or in such official’s place of trust

7 or profit;

8 ‘‘(3) the term ‘public official’ means—

9 ‘‘(A) an officer or employee or person act10 ing for or on behalf of the United States, or

11 any department, agency, or branch of the Unit12 ed States Government in any official function,

13 under or by authority of any such department,

14 agency, or branch of Government;

15 ‘‘(B) a juror;

16 ‘‘(C) an officer or employee or person act17 ing for or on behalf of the government of any

18 State, or any political subdivision of a State, in

19 any official function, under or by the authority

20 of any such State or political subdivision; and

21 ‘‘(D) any person who has been nominated

22 or appointed to a position described in subpara23 graph (A), (B), or (C), or has been officially in24 formed that he or she will be so nominated or

25 appointed; and
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•HR 2872 SC

1 ‘‘(4) the term ‘State’ means a State of the

2 United States, the District of Columbia, and any

3 commonwealth, territory, or possession of the United

4 States.’’.

5 (b) TECHNICAL AMENDMENTS.—(1) Section 1961(1)

6 of title 18, United States Code, is amended by inserting

7 ‘‘section 220 (relating to narcotics and public corrup8 tion),’’ after ‘‘Section 201 (relating to bribery),’’.

9 (2) Section 2516(1)(c) of title 18, United States

10 Code, is amended by inserting ‘‘section 220 (relating to

11 narcotics and public corruption),’’ after ‘‘section 201

12 (bribery of public officials and witnesses),’’.

13 (c) CLERICAL AMENDMENT.—The table of sections

14 at the beginning of chapter 11 of title 18, United States

15 Code, is amended by inserting after the item for section

16 219 the following:

‘‘220. Narcotics and public corruption.’’.

17 TITLE X—FUNDING

18 SEC. 1001. REDUCTION IN OVERHEAD COSTS INCURRED IN

19 FEDERALLY SPONSORED RESEARCH.

20 (a) CBO SCORING.—The Congressional Budget Of21 fice estimates that the reduction in overhead payments for

22 federally funded university research required by this sec23 tion will produce savings of $1,540,000,00 over 5 years

24 ($150,000,000 for fiscal year 1994, $310,000,000 for fis25 cal year 1995, $350,000,000 for fiscal year 1996,
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1 $360,000,000 for fiscal year 1997, and $370,000,000 for

2 fiscal year 1998).

3 (b) LIMITATION.—Notwithstanding any other law, on

4 and after the date of the enactment of this Act, each head

5 of a Federal agency making a grant to or entering into

6 a contract with, an institution of higher education for re7 search and development, shall reduce the overhead pay8 ment rate under the grant or contract to 90 percent of

9 the current level and return the amount saved to the gen10 eral fund of the Treasury.

11 (c) DEFINITIONS.—In this section—

12 (1) the term ‘‘institution of higher education’’

13 has the meaning stated in section 1201(a) of the

14 Higher Education Act of 1965 (20 U.S.C. 1141(a));

15 and

16 (2) the term ‘‘Federal agency’’ means a depart17 ment, agency, or instrumentality of the Federal Gov18 ernment (including an executive agency (as defined

19 in section 105 of title 5, United States Code)).

20 SEC. 1002. OVERHEAD EXPENSE REDUCTION.

21 (a) CBO SCORING.—The Congressional Budget Of22 fice estimates that the reduction in administrative costs

23 required by this section will produce savings of

24 $6,000,000,000 over 5 years ($1,200,000,000 in each of

25 fiscal years 1994, 1995, 1996, 1997, and 1998).
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1 (b) REDUCTION.—The overhead expenses identified

2 and reduced by the President in Executive Order 12837

3 are hereby reduced by an additional 5 percent. The reduc4 tion required by this section shall be taken from the total

5 of such expenses before the reduction by the President.

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