II

104TH CONGRESS

1ST SESSION S. 1495

To control crime, and for other purposes.

IN THE SENATE OF THE UNITED STATES

DECEMBER 21, 1995

Mr. KYL (for himself, Mr. HATCH, and Mr. DEWINE) introduced the following

bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To control 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; TABLE OF CONTENTS.

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

5 ‘‘Crime Prevention Act of 1995’’.

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

7 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—PRISON LITIGATION REFORM

Sec. 101. Amendments to Civil Rights of Institutionalized Persons Act.

Sec. 102. Proceedings in forma pauperis.

Sec. 103. Judicial screening.

Sec. 104. Federal tort claims.

Sec. 105. Payment of damage award in satisfaction of pending restitution orders.
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Sec. 106. Notice to crime victims of pending damage award.

Sec. 107. Earned release credit or good time credit revocation.

TITLE II—PRISONS

Sec. 201. Special masters in actions with respect to prison conditions.

TITLE III—EQUAL PROTECTION FOR VICTIMS

Sec. 301. Right of the victim to an impartial jury.

Sec. 302. Rebuttal of attacks on the victim’s character.

Sec. 303. Victim’s right of allocution in sentencing.

Sec. 304. Right of the victim to fair treatment in legal proceedings.

Sec. 305. Use of notice concerning release of offender.

Sec. 306. Balance in the composition of rules committees.

TITLE IV—DOMESTIC VIOLENCE

Sec. 401. Death penalty for fatal domestic violence offenses.

Sec. 402. Evidence of defendant’s disposition toward victim in domestic violence

cases and other cases.

Sec. 403. Battered women’s syndrome evidence.

Sec. 404. HIV testing of defendants in sexual assault cases.

TITLE V—FIREARMS

Sec. 501. Mandatory minimum sentences for criminals using firearms.

Sec. 502. Firearms possession by violent felons and serious drug offenders.

Sec. 503. Use of firearms in connection with counterfeiting or forgery.

Sec. 504. Possession of an explosive during the commission of a felony.

Sec. 505. Second offense of using an explosive to commit a felony.

TITLE VI—EXCLUSIONARY RULE

Sec. 601. Admissibility of certain evidence.

TITLE VII—FEDERAL DEATH PENALTY

Sec. 701. Strengthening of Federal death penalty standards and procedures.

Sec. 702. Murder of witness as aggravating factor.

Sec. 703. Safeguards against delay in the execution of capital sentences in Federal cases.

Sec. 704. Death penalty for murders committed with firearms.

Sec. 705. Death penalty for murders committed in the District of Columbia.

TITLE VIII—HABEAS CORPUS

Sec. 801. Stopping abuse of Federal collateral remedies.

TITLE IX—CRIMINAL ALIEN DEPORTATION IMPROVEMENTS

Sec. 901. Additional expansion of definition of aggravated felony.

Sec. 902. Deportation procedures for certain criminal aliens who are not permanent residents.

Sec. 903. Restricting the defense to exclusion based on 7 years permanent residence for certain criminal aliens.

Sec. 904. Limitation on collateral attacks on underlying deportation order.

Sec. 905. Criminal alien identification system.

Sec. 906. Wiretap authority for alien smuggling investigations.
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Sec. 907. Expansion of criteria for deportation for crimes of moral turpitude.

Sec. 908. Study of Prisoner Transfer Treaty with Mexico.

Sec. 909. Justice Department assistance in bringing to justice aliens who flee

prosecution for crimes in the United States.

Sec. 910. Prisoner transfer treaties.

Sec. 911. Interior repatriation program.

Sec. 912. Deportation of nonviolent offenders prior to completion of sentence

of imprisonment.

TITLE X—GANGS, JUVENILES, AND DRUGS

Sec. 1001. Criminal street gangs offenses.

Sec. 1002. Serious juvenile drug offenses as armed career criminal act predicates.

Sec. 1003. Adult prosecution of serious juvenile offenders.

Sec. 1004. Increased penalties for recidivists committing drug crimes involving

minors.

Sec. 1005. Amendments concerning records of crimes committed by juveniles.

Sec. 1006. Drive-by shootings.

Sec. 1007. Steroids offense.

Sec. 1008. Drug testing of Federal offenders.

TITLE XI—PUBLIC CORRUPTION

Sec. 1101. Strengthening of Federal anti-corruption statutes generally.

Sec. 1102. Interstate commerce.

Sec. 1103. Narcotics-related public corruption.

TITLE XII—ADMINISTRATIVE SUBPOENA

Sec. 1201. Authorization for United States Secret Service to issue and serve

administrative summonses.

TITLE XIII—COMPUTER CRIMES

Sec. 1301. Protection of classified Government information.

Sec. 1302. Protection of financial, Government, and other computer information.

Sec. 1303. Protection for Government computer systems.

Sec. 1304. Increased penalties for significant unauthorized use of a computer

system.

Sec. 1305. Protection from damage to computer systems.

Sec. 1306. Protection from threats directed against computer systems.

Sec. 1307. Increased penalties for recidivists and other sentencing changes.

Sec. 1308. Civil actions.

Sec. 1309. Mandatory reporting.

Sec. 1310. Sentencing for fraud and related activity in connection with computers.

Sec. 1311. Asset forfeiture for fraud and related activity in connection with

computers.

TITLE XIV—COMPUTER SOFTWARE PIRACY

Sec. 1401. Amendment of title 17.

Sec. 1402. Amendment of title 18.

TITLE XV—INTERNET GAMBLING
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Sec. 1501. Amendment of title 18 with respect to transmission of wagering information.

Sec. 1502. Sentencing guidelines.

Sec. 1503. Report.

1 TITLE I—PRISON LITIGATION

2 REFORM

3 SEC. 101. AMENDMENTS TO CIVIL RIGHTS OF INSTITU4 TIONALIZED PERSONS ACT.

5 (a) INITIATION OF CIVIL ACTIONS.—Section 3(c) of

6 the Civil Rights of Institutionalized Persons Act (42

7 U.S.C. 1997a(c)) (referred to in this section as the ‘‘Act’’)

8 is amended to read as follows:

9 ‘‘(c) The Attorney General shall personally sign any

10 complaint filed pursuant to this section.’’.

11 (b) CERTIFICATION REQUIREMENTS.—Section 4 of

12 the Act (42 U.S.C. 1997b) is amended—

13 (1) in subsection (a)—

14 (A) by striking ‘‘he’’ each place it appears

15 and inserting ‘‘the Attorney General’’; and

16 (B) by striking ‘‘his’’ and inserting ‘‘the

17 Attorney General’s’’; and

18 (2) by amending subsection (b) to read as fol19 lows:

20 ‘‘(b) The Attorney General shall personally sign any

21 certification made pursuant to this section.’’.

22 (c) INTERVENTION IN ACTIONS.—Section 5 of the

23 Act (42 U.S.C. 1997c) is amended—
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1 (1) in subsection (b)—

2 (A) in paragraph (1), by striking ‘‘he’’

3 each place it appears and inserting ‘‘the Attor4 ney General’’; and

5 (B) by amending paragraph (2) to read as

6 follows:

7 ‘‘(2) The Attorney General shall personally sign any

8 certification made pursuant to this section.’’; and

9 (2) by amending subsection (c) to read as fol10 lows:

11 ‘‘(c) The Attorney General shall personally sign any

12 motion to intervene made pursuant to this section.’’.

13 (d) SUITS BY PRISONERS.—Section 7 of the Act (42

14 U.S.C. 1997e) is amended to read as follows:

15 ‘‘SEC. 7. SUITS BY PRISONERS.

16 ‘‘(a) APPLICABILITY OF ADMINISTRATIVE REM17 EDIES.—No action shall be brought with respect to prison

18 conditions under section 1979 of the Revised Statutes of

19 the United States (42 U.S.C. 1983), or any other Federal

20 law, by a prisoner confined in any jail, prison, or other

21 correctional facility until such administrative remedies as

22 are available are exhausted.

23 ‘‘(b) FAILURE OF STATE TO ADOPT OR ADHERE TO

24 ADMINISTRATIVE GRIEVANCE PROCEDURE.—The failure

25 of a State to adopt or adhere to an administrative griev-
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1 ance procedure shall not constitute the basis for an action

2 under section 3 or 5 of this Act.

3 ‘‘(c) DISMISSAL.—(1) The court shall on its own mo4 tion or on the motion of a party dismiss any action

5 brought with respect to prison conditions under section

6 1979 of the Revised Statutes of the United States (42

7 U.S.C. 1983), or any other Federal law, by a prisoner con8 fined in any jail, prison, or other correctional facility if

9 the court is satisfied that the action is frivolous, malicious,

10 fails to state a claim upon which relief can be granted,

11 or seeks monetary relief from a defendant who is immune

12 from such relief.

13 ‘‘(2) In the event that a claim is, on its face, frivolous,

14 malicious, fails to state a claim upon which relief can be

15 granted, or seeks monetary relief from a defendant who

16 is immune from such relief, the court may dismiss the un17 derlying claim without first requiring the exhaustion of ad18 ministrative remedies.

19 ‘‘(d) LIMITATION ON RECOVERY.—No Federal civil

20 action may be brought by a prisoner confined in a jail,

21 prison, or other correctional facility, for mental or emo22 tional injury suffered while in custody without a prior

23 showing of physical injury.

24 ‘‘(e) HEARINGS.—(1) To the extent practicable, in

25 any action brought with respect to prison conditions in
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1 Federal court pursuant to section 1979 of the Revised

2 Statutes of the United States (42 U.S.C. 1983), or any

3 other Federal law, by a prisoner confined in any jail, pris4 on, or other correctional facility, pretrial proceedings in

5 which the prisoner’s participation is required or permitted

6 shall be conducted by telephone, video conference, or other

7 telecommunications technology without removing the pris8 oner from the facility in which the prisoner is confined.

9 ‘‘(2) Subject to the agreement of the official of the

10 Federal, State, or local unit of government with custody

11 over the prisoner, hearings may be conducted at the facil12 ity in which the prisoner is confined. To the extent prac13 ticable, the court shall allow counsel to participate by tele14 phone, video conference, or other communications tech15 nology in any hearing held at the facility.

16 ‘‘(f) WAIVER OF REPLY.—(1) Any defendant may

17 waive the right to reply to any action brought by a pris18 oner confined in any jail, prison, or other correctional fa19 cility under section 1979 of the Revised Statutes of the

20 United States (42 U.S.C. 1983) or any other Federal law.

21 Notwithstanding any other law or rule of procedure, such

22 waiver shall not constitute an admission of the allegations

23 contained in the complaint. No relief shall be granted to

24 the plaintiff unless a reply has been filed.
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1 ‘‘(2) The court may require any defendant to reply

2 to a complaint brought under this section if it finds that

3 the plaintiff has a reasonable opportunity to prevail on the

4 merits.

5 ‘‘(g) DEFINITION.—As used in this section, the term

6 ‘prisoner’ means any person incarcerated or detained in

7 any facility who is accused of, convicted of, sentenced for,

8 or adjudicated delinquent for, violations of criminal law

9 or the terms and conditions of parole, probation, pretrial

10 release, or diversionary program.’’.

11 (e) REPORT TO CONGRESS.—Section 8 of the Act (42

12 U.S.C. 1997f) is amended by striking ‘‘his report’’ and

13 inserting ‘‘the report’’.

14 (f) NOTICE TO FEDERAL DEPARTMENTS.—Section

15 10 of the Act (42 U.S.C. 1997h) is amended—

16 (1) by striking ‘‘his action’’ and inserting ‘‘the

17 action’’; and

18 (2) by striking ‘‘he is satisfied’’ and inserting

19 ‘‘the Attorney General is satisfied’’.

20 SEC. 102. PROCEEDINGS IN FORMA PAUPERIS.

21 (a) FILING FEES.—Section 1915 of title 28, United

22 States Code, is amended—

23 (1) in subsection (a)—

24 (A) by striking ‘‘(a) Any’’ and inserting

25 ‘‘(a)(1) Subject to subsection (b), any’’;
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1 (B) by striking ‘‘and costs’’;

2 (C) by striking ‘‘makes affidavit’’ and in3 serting ‘‘submits an affidavit that includes a

4 statement of all assets such prisoner possesses’’;

5 (D) by striking ‘‘such costs’’ and inserting

6 ‘‘such fees’’;

7 (E) by striking ‘‘he’’ each place it appears

8 and inserting ‘‘the person’’;

9 (F) by adding immediately after paragraph

10 (1), the following new paragraph:

11 ‘‘(2) A prisoner seeking to bring a civil action or ap12 peal a judgment in a civil action or proceeding without

13 prepayment of fees or security therefor, in addition to fil14 ing the affidavit filed under paragraph (1), shall submit

15 a certified copy of the trust fund account statement (or

16 institutional equivalent) for the prisoner for the 6-month

17 period immediately preceding the filing of the complaint

18 or notice of appeal, obtained from the appropriate official

19 of each prison at which the prisoner is or was confined.’’;

20 and

21 (G) by striking ‘‘An appeal’’ and inserting

22 ‘‘(3) An appeal’’;

23 (2) by redesignating subsections (b), (c), (d),

24 and (e) as subsections (c), (d), (e), and (f), respec25 tively;
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1 (3) by inserting after subsection (a) the follow2 ing new subsection:

3 ‘‘(b)(1) Notwithstanding subsection (a), if a prisoner

4 brings a civil action or files an appeal in forma pauperis,

5 the prisoner shall be required to pay the full amount of

6 a filing fee. The court shall assess and, when funds exist,

7 collect, as a partial payment of any court fees required

8 by law, an initial partial filing fee of 20 percent of the

9 greater of—

10 ‘‘(A) the average monthly deposits to the pris11 oner’s account; or

12 ‘‘(B) the average monthly balance in the pris13 oner’s account for the 6-month period immediately

14 preceding the filing of the complaint or notice of ap15 peal.

16 ‘‘(2) After payment of the initial partial filing fee,

17 the prisoner shall be required to make monthly payments

18 of 20 percent of the preceding month’s income credited

19 to the prisoner’s account. The agency having custody of

20 the prisoner shall forward payments from the prisoner’s

21 account to the clerk of the court each time the amount

22 in the account exceeds $10 until the filing fees are paid.

23 ‘‘(3) In no event shall the filing fee collected exceed

24 the amount of fees permitted by statute for the commence-
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1 ment of a civil action or an appeal of a civil action or

2 criminal judgment.

3 ‘‘(4) In no event shall a prisoner be prohibited from

4 bringing a civil action or appealing a civil or criminal judg5 ment for the reason that the prisoner has no assets and

6 no means by which to pay the initial partial filing fee.’’;

7 (4) in subsection (c), as redesignated by para8 graph (2), by striking ‘‘subsection (a) of this sec9 tion’’ and inserting ‘‘subsections (a) and (b) and the

10 prepayment of any partial filing fee as may be re11 quired under subsection (b)’’; and

12 (5) by amending subsection (e), as redesignated

13 by paragraph (2), to read as follows:

14 ‘‘(e)(1) The court may request an attorney to rep15 resent any person unable to afford counsel.

16 ‘‘(2) Notwithstanding any filing fee, or any portion

17 thereof, that may have been paid, the court shall dismiss

18 the case at any time if the court determines that—

19 ‘‘(A) the allegation of poverty is untrue; or

20 ‘‘(B) the action or appeal—

21 ‘‘(i) is frivolous or malicious;

22 ‘‘(ii) fails to state a claim on which relief

23 may be granted; or

24 ‘‘(iii) seeks monetary relief against a de25 fendant who is immune from such relief.’’.
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1 (b) EXCEPTION TO DISCHARGE OF DEBT IN BANK2 RUPTCY PROCEEDING.—Section 523(a) of title 11, United

3 States Code, is amended—

4 (1) in paragraph (16), by striking the period at

5 the end and inserting ‘‘; or’’; and

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

7 paragraph:

8 ‘‘(17) for a fee imposed by a court for the filing

9 of a case, motion, complaint, or appeal, or for other

10 costs and expenses assessed with respect to such fil11 ing, regardless of an assertion of poverty by the

12 debtor under section 1915 (b) or (f) of title 28, or

13 the debtor’s status as a prisoner, as defined in sec14 tion 1915(h) of title 28.’’.

15 (c) COSTS.—Section 1915(f) of title 28, United

16 States Code (as redesignated by subsection (a)(2)), is

17 amended—

18 (1) by striking ‘‘(f) Judgment’’ and inserting

19 ‘‘(f)(1) Judgment’’;

20 (2) by striking ‘‘cases’’ and inserting ‘‘proceed21 ings’’; and

22 (3) by adding at the end the following new

23 paragraph:

24 ‘‘(2)(A) If the judgment against a prisoner includes

25 the payment of costs under this subsection, the prisoner
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1 shall be required to pay the full amount of the costs or2 dered.

3 ‘‘(B) The prisoner shall be required to make pay4 ments for costs under this subsection in the same manner

5 as is provided for filing fees under subsection (a)(2).

6 ‘‘(C) In no event shall the costs collected exceed the

7 amount of the costs ordered by the court.’’.

8 (d) SUCCESSIVE CLAIMS.—Section 1915 of title 28,

9 United States Code, is amended by adding at the end the

10 following new subsection:

11 ‘‘(g) In no event shall a prisoner bring a civil action

12 or appeal a judgment in a civil action or proceeding under

13 this section if the prisoner has, on 3 or more prior occa14 sions, while incarcerated or detained in any facility,

15 brought an action or appeal in a court of the United

16 States that was dismissed on the grounds that it is frivo17 lous, malicious, or fails to state a claim upon which relief

18 may be granted, unless the prisoner is under imminent

19 danger of serious physical injury.’’.

20 (e) DEFINITION.—Section 1915 of title 28, United

21 States Code, is amended by adding at the end the follow22 ing new subsection:

23 ‘‘(h) As used in this section, the term ‘prisoner’

24 means any person incarcerated or detained in any facility

25 who is accused of, convicted of, sentenced for, or adju-
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1 dicated delinquent for, violations of criminal law or the

2 terms and conditions of parole, probation, pretrial release,

3 or diversionary program.’’.

4 SEC. 103. JUDICIAL SCREENING.

5 (a) IN GENERAL.—Chapter 123 of title 28, United

6 States Code, is amended by inserting after section 1915

7 the following new section:

8 ‘‘§ 1915A. Screening

9 ‘‘(a) SCREENING.—The court shall review, before

10 docketing, if feasible or, in any event, as soon as prac11 ticable after docketing, a complaint in a civil action in

12 which a prisoner seeks redress from a governmental entity

13 or officer or employee of a governmental entity.

14 ‘‘(b) GROUNDS FOR DISMISSAL.—On review, the

15 court shall identify cognizable claims or dismiss the com16 plaint, or any portion of the complaint, if the complaint—

17 ‘‘(1) is frivolous, malicious, or fails to state a

18 claim upon which relief may be granted; or

19 ‘‘(2) seeks monetary relief from a defendant

20 who is immune from such relief.

21 ‘‘(c) DEFINITION.—As used in this section, the term

22 ‘prisoner’ means any person incarcerated or detained in

23 any facility who is accused of, convicted of, sentenced for,

24 or adjudicated delinquent for, violations of criminal law
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1 or the terms and conditions of parole, probation, pretrial

2 release, or diversionary program.’’.

3 (b) TECHNICAL AMENDMENT.—The analysis for

4 chapter 123 of title 28, United States Code, is amended

5 by inserting after the item relating to section 1915 the

6 following new item:

‘‘1915A. Screening.’’.

7 SEC. 104. FEDERAL TORT CLAIMS.

8 Section 1346(b) of title 28, United States Code, is

9 amended—

10 (1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’;

11 and

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

13 ‘‘(2) No person convicted of a felony who is incarcer14 ated while awaiting sentencing or while serving a sentence

15 may bring a civil action against the United States or an

16 agency, officer, or employee of the Government, for mental

17 or emotional injury suffered while in custody without a

18 prior showing of physical injury.’’.

19 SEC. 105. PAYMENT OF DAMAGE AWARD IN SATISFACTION

20 OF PENDING RESTITUTION ORDERS.

21 Any compensatory damages awarded to a prisoner in

22 connection with a civil action brought against any Federal,

23 State, or local jail, prison, or correctional facility or

24 against any official or agent of such jail, prison, or correc25 tional facility, shall be paid directly to satisfy any out-
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1 standing restitution orders pending against the prisoner.

2 The remainder of any such award after full payment of

3 all pending restitution orders shall be forwarded to the

4 prisoner.

5 SEC. 106. NOTICE TO CRIME VICTIMS OF PENDING DAMAGE

6 AWARD.

7 Prior to payment of any compensatory damages

8 awarded to a prisoner in connection with a civil action

9 brought against any Federal, State, or local jail, prison,

10 or correctional facility or against any official or agent of

11 such jail, prison, or correctional facility, reasonable efforts

12 shall be made to notify the victims of the crime for which

13 the prisoner was convicted and incarcerated concerning

14 the pending payment of any such compensatory damages.

15 SEC. 107. EARNED RELEASE CREDIT OR GOOD TIME CRED16 IT REVOCATION.

17 (a) IN GENERAL.—Chapter 123 of title 28, United

18 States Code, is amended by adding at the end the follow19 ing new section:

20 ‘‘§ 1932. Revocation of earned release credit

21 ‘‘In any civil action brought by an adult convicted of

22 a crime and confined in a Federal correctional facility, the

23 court may order the revocation of such earned good time

24 credit under section 3624(b) of title 18, United States
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1 Code, that has not yet vested, if, on its own motion or

2 the motion of any party, the court finds that—

3 ‘‘(1) the claim was filed for a malicious pur4 pose;

5 ‘‘(2) the claim was filed solely to harass the

6 party against which it was filed; or

7 ‘‘(3) the claimant testifies falsely or otherwise

8 knowingly presents false evidence or information to

9 the court.’’.

10 (b) TECHNICAL AMENDMENT.—The analysis for

11 chapter 123 of title 28, United States Code, is amended

12 by inserting after the item relating to section 1931 the

13 following:

‘‘1932. Revocation of earned release credit.’’.

14 (c) AMENDMENT OF SECTION 3624 OF TITLE 18.—

15 Section 3624(b) of title 18, United States Code, is amend16 ed—

17 (1) in paragraph (1)—

18 (A) by striking the first sentence;

19 (B) in the second sentence—

20 (i) by striking ‘‘A prisoner’’ and in21 serting ‘‘Subject to paragraph (2), a pris22 oner’’;

23 (ii) by striking ‘‘for a crime of vio24 lence,’’; and
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1 (iii) by striking ‘‘such’’;

2 (C) in the third sentence, by striking ‘‘If

3 the Bureau’’ and inserting ‘‘Subject to para4 graph (2), if the Bureau’’;

5 (D) by striking the fourth sentence and in6 serting the following: ‘‘In awarding credit under

7 this section, the Bureau shall consider whether

8 the prisoner, during the relevant period, has

9 earned, or is making satisfactory progress to10 ward earning, a high school diploma or an

11 equivalent degree.’’; and

12 (E) in the sixth sentence, by striking

13 ‘‘Credit for the last’’ and inserting ‘‘Subject to

14 paragraph (2), credit for the last’’; and

15 (2) by amending paragraph (2) to read as fol16 lows:

17 ‘‘(2) Notwithstanding any other law, credit

18 awarded under this subsection after the date of en19 actment of the Prison Litigation Reform Act shall

20 vest on the date the prisoner is released from cus21 tody.’’.
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1 TITLE II—PRISONS

2 SEC. 201. SPECIAL MASTERS IN ACTIONS WITH RESPECT TO

3 PRISON CONDITIONS.

4 Section 3626 of title 18, United States Code, is

5 amended by adding at the end the following new sub6 section:

7 ‘‘(d) SPECIAL MASTERS.—

8 ‘‘(1) IN GENERAL.—(A) In any civil action in a

9 Federal court with respect to prison conditions, the

10 court may appoint a special master who shall be dis11 interested and objective and who will give due regard

12 to the public safety, to conduct hearings on the

13 record and prepare proposed findings of fact.

14 ‘‘(B) The court shall appoint a special master

15 under this subsection during the remedial phase of

16 the action only upon a finding that the remedial

17 phase will be sufficiently complex to warrant the ap18 pointment.

19 ‘‘(2) APPOINTMENT.—(A) If the court deter20 mines that the appointment of a special master is

21 necessary, the court shall request that the defendant

22 institution and the plaintiff each submit a list of not

23 more than 5 persons to serve as a special master.
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1 ‘‘(B) Each party shall have the opportunity to

2 remove up to 3 persons from the opposing party’s

3 list.

4 ‘‘(C) The court shall select the master from the

5 persons remaining on the list after the operation of

6 subparagraph (B).

7 ‘‘(3) INTERLOCUTORY APPEAL.—Any party

8 shall have the right to an interlocutory appeal of the

9 judge’s selection of the special master under this

10 subsection, on the ground of partiality.

11 ‘‘(4) COMPENSATION.—The compensation to be

12 allowed to a special master under this section shall

13 be based on an hourly rate not greater than the

14 hourly rate established under section 3006A for pay15 ment of court-appointed counsel, plus costs reason16 ably incurred by the special master. Such compensa17 tion and costs shall be paid with funds appropriated

18 to the Judiciary.

19 ‘‘(5) REGULAR REVIEW OF APPOINTMENT.—In

20 any civil action with respect to prison conditions in

21 which a special master is appointed under this sub22 section, the court shall review the appointment of

23 the special master every 6 months to determine

24 whether the services of the special master continue

25 to be required under paragraph (1). In no event
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1 shall the appointment of a special master extend be2 yond the termination of the relief.

3 ‘‘(6) LIMITATIONS ON POWERS AND DUTIES.—

4 A special master appointed under this subsection—

5 ‘‘(A) may be authorized by a court to con6 duct hearings and prepare proposed findings of

7 fact, which shall be made on the record;

8 ‘‘(B) shall not make any findings or com9 munications ex parte;

10 ‘‘(C) may be authorized by a court to as11 sist in the development of remedial plans; and

12 ‘‘(D) may be removed at any time, but

13 shall be relieved of the appointment upon the

14 termination of relief.

15 ‘‘(e) DEFINITIONS.—As used in this section—

16 ‘‘(1) the term ‘civil action with respect to prison

17 conditions’ means any civil proceeding arising under

18 Federal law with respect to the conditions of con19 finement or the effects of actions by government of20 ficials on the lives of persons confined in prison, but

21 does not include habeas corpus proceedings challeng22 ing the fact or duration of confinement in prison;

23 and

24 ‘‘(2) the term ‘special master’ means any per25 son appointed by a Federal court pursuant to Rule
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1 53 of the Federal Rules of Civil Procedure or pursu2 ant to any inherent power of the court to exercise

3 the powers of a master, regardless of the title or de4 scription given by the court.’’.

5 TITLE III—EQUAL PROTECTION

6 FOR VICTIMS

7 SEC. 301. RIGHT OF THE VICTIM TO AN IMPARTIAL JURY.

8 Rule 24(b) of the Federal Rules of Criminal Proce9 dure is amended by striking ‘‘the government is entitled

10 to 6 peremptory challenges and the defendant or defend11 ants jointly to 10 peremptory challenges’’ and inserting

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

13 SEC. 302. REBUTTAL OF ATTACKS ON THE VICTIM’S CHAR14 ACTER.

15 Rule 404(a)(1) of the Federal Rules of Evidence is

16 amended by inserting before the semicolon the following:

17 ‘‘, or, if an accused offers evidence of a pertinent trait

18 of character of the victim of the crime, evidence of a perti19 nent trait of character of the accused offered by the pros20 ecution’’.

21 SEC. 303. VICTIM’S RIGHT OF ALLOCUTION IN SENTENCING.

22 Rule 32 of the Federal Rules of Criminal Procedure

23 is amended—
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1 (1) in subdivision (c)(3)(E), by striking ‘‘if sen2 tence is to be imposed for a crime of violence or sex3 ual abuse,’’; and

4 (2) by amending subdivision (f) to read as fol5 lows:

6 ‘‘(f) DEFINITION.—For purposes of this rule, ‘victim’

7 means any individual against whom an offense has been

8 committed for which a sentence is to be imposed, but the

9 right of allocution under subdivision (c)(3)(E) may be ex10 ercised instead by—

11 ‘‘(1) a parent or legal guardian if the victim is

12 below the age of 18 years or is incompetent; or

13 ‘‘(2) one or more family members or relatives

14 designated by the court if the victim is deceased or

15 incapacitated,

16 if such person or persons are present at the sentencing

17 hearing, regardless of whether the victim is present.’’.

18 SEC. 304. RIGHT OF THE VICTIM TO FAIR TREATMENT IN

19 LEGAL PROCEEDINGS.

20 The following rules, to be known as the Rules of Pro21 fessional Conduct for Lawyers in Federal Practice, are en22 acted as an appendix to title 28, United States Code:

23 ‘‘RULES OF PROFESSIONAL CONDUCT FOR

24 LAWYERS IN FEDERAL PRACTICE

‘‘Rule 1. Scope.

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

‘‘Rule 3. Duty of Enquiry in Relation to Client.
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‘‘Rule 4. Duty To Expedite Litigation.

‘‘Rule 5. Duty To Prevent Commission of Crime.

1 ‘‘Rule 1. Scope

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

3 their representation of clients in relation to proceedings

4 and potential proceedings before Federal tribunals.

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

6 and ‘tribunal’ mean a court of the United States or an

7 agency of the Federal Government that carries out adju8 dicatory or quasi-adjudicatory functions.

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

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

11 of conduct for the purpose of increasing the expense of

12 litigation for any person, other than a liability under an

13 order or judgment of a tribunal.

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

15 of conduct that has no substantial purpose other than to

16 distress, harass, embarrass, burden, or inconvenience an17 other person.

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

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

20 lawyer knows to be true.

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

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

23 truthful account of the material facts concerning the mat24 ters in issue. In representing a client charged with a crime
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1 or civil wrong, the duty of enquiry under this rule in2 cludes—

3 ‘‘(1) attempting to elicit from the client a mate4 rially complete account of the alleged criminal activ5 ity or civil wrong if the client acknowledges involve6 ment in the alleged criminal activity or civil wrong;

7 and

8 ‘‘(2) attempting to elicit from the client the ma9 terial facts relevant to a defense of alibi if the client

10 denies such involvement.

11 ‘‘Rule 4. Duty To Expedite Litigation

12 ‘‘(a) A lawyer shall seek to bring about the expedi13 tious conduct and conclusion of litigation.

14 ‘‘(b) A lawyer shall not seek a continuance or other15 wise attempt to delay or prolong proceedings in the hope

16 or expectation that—

17 ‘‘(1) evidence will become unavailable;

18 ‘‘(2) evidence will become more subject to im19 peachment or otherwise less useful to another party

20 because of the passage of time; or

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

22 to another party because of the expense, frustration,

23 distress, or other hardship resulting from prolonged

24 or delayed proceedings.
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1 ‘‘Rule 5. Duty To Prevent Commission of Crime

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

3 the representation of a client, including information ob4 tained from the client, to the extent necessary to prevent

5 the commission of a crime or other unlawful act.

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

7 the representation of a client, including information ob8 tained from the client, when disclosure is required by law.

9 ‘‘(c) A lawyer shall disclose information relating to

10 the representation of a client, including information ob11 tained from the client, to the extent necessary to pre12 vent—

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

14 use or threatened use of force against a person, or

15 a substantial risk of death or serious bodily injury

16 to a person; or

17 ‘‘(2) the commission of a crime of sexual as18 sault or child molestation.

19 ‘‘(d) For purposes of this rule, ‘crime’ means a crime

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

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

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

23 SEC. 305. USE OF NOTICE CONCERNING RELEASE OF OF24 FENDER.

25 Section 4042(b) of title 18, United States Code, is

26 amended by striking paragraph (4).
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1 SEC. 306. BALANCE IN THE COMPOSITION OF RULES COM2 MITTEES.

3 Section 2073 of title 28, United States Code, is

4 amended—

5 (1) in subsection (a)(2), by adding at the end

6 the following: ‘‘On each such committee that makes

7 recommendations concerning rules that affect crimi8 nal cases, including the Federal Rules of Criminal

9 Procedure, the Federal Rules of Evidence, the Fed10 eral Rules of Appellate Procedure, the Rules Govern11 ing Section 2254 Cases, and the Rules Governing

12 Section 2255 Cases, the number of members who

13 represent or supervise the representation of defend14 ants in the trial, direct review, or collateral review

15 of criminal cases shall not exceed the number of

16 members who represent or supervise the representa17 tion of the Government or a State in the trial, direct

18 review, or collateral review of criminal cases.’’; and

19 (2) in subsection (b), by adding at the end the

20 following: ‘‘The number of members of the standing

21 committee who represent or supervise the represen22 tation of defendants in the trial, direct review, or

23 collateral review of criminal cases shall not exceed

24 the number of members who represent or supervise

25 the representation of the Government or a State in
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1 the trial, direct review, or collateral review of crimi2 nal cases.’’.

3 TITLE IV—DOMESTIC VIOLENCE

4 SEC. 401. DEATH PENALTY FOR FATAL DOMESTIC VIO5 LENCE OFFENSES.

6 Sections 2261(b)(1) and 2262(b)(1) of title 18,

7 United States Code, are each amended by inserting ‘‘or

8 may be sentenced to death’’ after ‘‘years,’’.

9 SEC. 402. EVIDENCE OF DEFENDANT’S DISPOSITION TO10 WARD VICTIM IN DOMESTIC VIOLENCE CASES

11 AND OTHER CASES.

12 Rule 404(b) of the Federal Rules of Evidence is

13 amended by striking ‘‘or absence of mistake or accident’’

14 and inserting ‘‘absence of mistake or accident, or a dis15 position toward a particular individual’’.

16 SEC. 403. BATTERED WOMEN’S SYNDROME EVIDENCE.

17 Rule 702 of the Federal Rules of Evidence is amend18 ed by adding at the end the following: ‘‘Testimony that

19 may be admitted pursuant to this rule includes testimony

20 concerning the behavior, and mental or emotional condi21 tions of victims to explain a victim’s failure to report or

22 delay in reporting an offense, recantation of an accusation,

23 or failure to cooperate in the investigation or prosecu24 tion.’’.
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1 SEC. 404. HIV TESTING OF DEFENDANTS IN SEXUAL AS2 SAULT CASES.

3 (a) IN GENERAL.—Chapter 109A of title 18, United

4 States Code, is amended by adding at the end the follow5 ing new section:

6 ‘‘§ 2249. Testing for human immunodeficiency virus;

7 disclosure of test results to victim; effect

8 on penalty

9 ‘‘(a) TESTING AT TIME OF PRETRIAL RELEASE DE10 TERMINATION.—In a case in which a person is charged

11 with an offense under this chapter, upon request of the

12 victim, a judicial officer issuing an order pursuant to sec13 tion 3142(a) shall include in the order a requirement that

14 a test for the human immunodeficiency virus be performed

15 upon the person, and that followup tests for the virus be

16 performed 6 months and 12 months following the date of

17 the initial test, unless the judicial officer determines that

18 the conduct of the person created no risk of transmission

19 of the virus to the victim, and so states in the order. The

20 order shall direct that the initial test be performed within

21 24 hours, or as soon thereafter as feasible. The person

22 shall not be released from custody until the test is per23 formed.

24 ‘‘(b) TESTING AT LATER TIME.—If a person charged

25 with an offense under this chapter was not tested for the

26 human immunodeficiency virus pursuant to subsection (a),
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1 the court may at a later time direct that such a test be

2 performed upon the person, and that followup tests be per3 formed 6 months and 12 months following the date of the

4 initial test, if it appears to the court that the conduct of

5 the person may have risked transmission of the virus to

6 the victim. A testing requirement under this subsection

7 may be imposed at any time while the charge is pending,

8 or following conviction at any time prior to the person’s

9 completion of service of the sentence.

10 ‘‘(c) TERMINATION OF TESTING REQUIREMENT.—A

11 requirement of followup testing imposed under this section

12 shall be canceled if any test is positive for the virus or

13 the person obtains an acquittal on, or dismissal of, all

14 charges under this chapter.

15 ‘‘(d) DISCLOSURE OF TEST RESULTS.—The results

16 of any test for the human immunodeficiency virus per17 formed pursuant to an order under this section shall be

18 provided to the judicial officer or court. The judicial offi19 cer or court shall ensure that the results are disclosed to

20 the victim (or to the victim’s parent or legal guardian, as

21 appropriate), the attorney for the Government, and the

22 person tested. Test results disclosed pursuant to this sub23 section shall be subject to section 40503(b) (5) through

24 (7) of the Violent Crime Control Act of 1994 (42 U.S.C.

25 14011(b)). Any test result of the defendant given to the
31

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1 victim or the defendant must be accompanied by appro2 priate counseling, unless the recipient does not wish to re3 ceive such counseling.

4 ‘‘(e) EFFECT ON PENALTY.—The United States Sen5 tencing Commission shall amend existing guidelines for

6 sentences for offenses under this chapter to enhance the

7 sentence if the offender knew or had reason to know that

8 the offender was infected with the human

9 immunodeficiency virus, except where the offender did not

10 engage or attempt to engage in conduct creating a risk

11 of transmission of the virus to the victim.’’.

12 (b) TECHNICAL AMENDMENT.—The analysis for

13 chapter 109A of title 18, United States Code, is amended

14 by inserting at the end the following new item:

‘‘2249. Testing for human immunodeficiency virus; disclosure of test results

to victim; effect on penalty.’’.

15 (c) AMENDMENTS TO TESTING PROVISIONS.—Sec16 tion 40503(b) of the Violent Crime Control and Law En17 forcement Act of 1994 (42 U.S.C. 14011(b)) is amend18 ed—

19 (1) by amending the heading to read as follows:

20 ‘‘(b) TESTING OF DEFENDANTS.—’’;

21 (2) in paragraph (1)—

22 (A) by inserting ‘‘, or the Government in

23 such a case,’’ after ‘‘subsection (a)’’;
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1 (B) by inserting ‘‘(or to the victim’s parent

2 or legal guardian, as appropriate)’’ after ‘‘com3 municated to the victim’’; and

4 (C) by inserting ‘‘, unless the recipient

5 does not wish to receive such counseling’’ after

6 ‘‘counseling’’; and

7 (3) in paragraph (2)—

8 (A) by striking ‘‘To obtain an order under

9 paragraph (1), the victim must demonstrate

10 that’’ and inserting ‘‘The victim or the Govern11 ment may obtain an order under paragraph (1)

12 by showing that’’;

13 (B) in subparagraph (A)—

14 (i) by striking ‘‘the offense’’ and in15 serting ‘‘a sexual assault involving alleged

16 conduct that poses a risk of transmission

17 of the etiologic agent for acquired immune

18 deficiency syndrome’’; and

19 (ii) by inserting ‘‘and’’ after the semi20 colon;

21 (C) in subparagraph (B), by striking

22 ‘‘after appropriate counseling; and’’ and insert23 ing a period; and

24 (D) by striking subparagraph (C).
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1 TITLE V—FIREARMS

2 SEC. 501. MANDATORY MINIMUM SENTENCES FOR CRIMI3 NALS USING FIREARMS.

4 Section 924(c)(1) of title 18, United States Code, is

5 amended by inserting after the first sentence the follow6 ing: ‘‘Except to the extent a greater minimum sentence

7 is otherwise provided by the preceding sentence or by any

8 other provision of this subsection or any other law, a per9 son who, during and in relation to any crime of violence

10 or drug trafficking crime (including a crime of violence

11 or drug trafficking crime which provides for an enhanced

12 punishment if committed by the use of a deadly or dan13 gerous weapon or device) for which a person may be pros14 ecuted in a court of the United States, uses or carries a

15 firearm shall, in addition to the punishment provided for

16 such crime of violence or drug trafficking crime—

17 ‘‘(A) be punished by imprisonment for not less

18 than 10 years;

19 ‘‘(B) if the firearm is discharged, be punished

20 by imprisonment for not less than 20 years; and

21 ‘‘(C) if the death of a person results, be pun22 ished by death or by imprisonment for not less than

23 life.

24 Notwithstanding any other law, the court shall not place

25 on probation or suspend the sentence of any person con-
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1 victed of a violation of this subsection, nor shall the term

2 of imprisonment imposed under this subsection run con3 currently with any other term of imprisonment including

4 that imposed for the crime of violence or drug trafficking

5 crime in which the firearm was used or carried. No person

6 sentenced under this subsection shall be eligible for parole

7 during the term of imprisonment imposed under this sub8 section.’’.

9 SEC. 502. FIREARMS POSSESSION BY VIOLENT FELONS AND

10 SERIOUS DRUG OFFENDERS.

11 Section 924 of title 18, United States Code, is

12 amended—

13 (1) in subsection (a)(1), by inserting before the

14 period the following: ‘‘, and if the violation is of sec15 tion 922(g)(1) by a person who has a previous con16 viction for a violent felony (as defined in subsection

17 (e)(2)(B)) or a serious drug offense (as defined in

18 subsection (e)(2)(A)), a sentence imposed under this

19 paragraph shall include a term of imprisonment of

20 not less than 5 years’’; and

21 (2) by adding at the end the following new sub22 section:

23 ‘‘(o)(1) Notwithstanding subsection (a)(2), any per24 son who violates section 922(g) and has 2 previous convic25 tions by any court referred to in section 922(g)(1) for a
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1 violent felony (as defined in subsection (e)(2)(B)) or a se2 rious drug offense (as defined in subsection (e)(2)(A))

3 committed on different occasions shall be fined as provided

4 in this title, imprisoned not less than 10 years and not

5 more than 20 years, or both.

6 ‘‘(2) Notwithstanding any other law, the court shall

7 not grant a probationary sentence to a person described

8 in paragraph (1) with respect to the conviction under sec9 tion 922(g).’’.

10 SEC. 503. USE OF FIREARMS IN CONNECTION WITH COUN11 TERFEITING OR FORGERY.

12 Section 924(c)(1) of title 18, United States Code, is

13 amended by inserting ‘‘or during and in relation to any

14 felony punishable under chapter 25,’’ after ‘‘United

15 States,’’.

16 SEC. 504. POSSESSION OF AN EXPLOSIVE DURING THE

17 COMMISSION OF A FELONY.

18 Section 844(h) of title 18, United States Code, is

19 amended—

20 (1) in paragraph (2), by striking ‘‘carries an ex21 plosive during’’ and inserting ‘‘uses, carries, or oth22 erwise possesses an explosive during’’; and

23 (2) by striking ‘‘used or carried’’ and inserting

24 ‘‘used, carried, or possessed’’.
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1 SEC. 505. SECOND OFFENSE OF USING AN EXPLOSIVE TO

2 COMMIT A FELONY.

3 Section 844(h) of title 18, United States Code, is

4 amended by striking ‘‘ten’’ and inserting ‘‘20’’.

5 TITLE VI—EXCLUSIONARY RULE

6 SEC. 601. ADMISSIBILITY OF CERTAIN EVIDENCE.

7 (a) IN GENERAL.—Chapter 223 of title 18, United

8 States Code, is amended by adding at the end the follow9 ing:

10 ‘‘§ 3510. Admissibility of evidence obtained by search

11 or seizure

12 ‘‘(a) EVIDENCE OBTAINED BY OBJECTIVELY REA13 SONABLE SEARCH OR SEIZURE.—Evidence that is ob14 tained as a result of a search or seizure shall not be ex15 cluded in a proceeding in a court of the United States

16 on the ground that the search or seizure was in violation

17 of the fourth amendment to the Constitution of the United

18 States, if the search or seizure was carried out in cir19 cumstances justifying an objectively reasonable belief that

20 it was in conformity with the fourth amendment. That evi21 dence was obtained pursuant to and within the scope of

22 a warrant constitutes prima facie evidence of the existence

23 of such circumstances.

24 ‘‘(b) EVIDENCE NOT EXCLUDABLE BY STATUTE OR

25 RULE.—
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1 ‘‘(1) GENERALLY.—Evidence shall not be ex2 cluded in a proceeding in a court of the United

3 States on the ground that it was obtained in viola4 tion of a statute, an administrative rule or regula5 tion, or a rule of procedure unless exclusion is ex6 pressly authorized by statute or by a rule prescribed

7 by the Supreme Court pursuant to statutory author8 ity.

9 ‘‘(2) SPECIAL RULE RELATING TO OBJECTIVELY

10 REASONABLE SEARCHES AND SEIZURES.—Evidence

11 that is otherwise excludable under paragraph (1)

12 shall not be excluded if the search or seizure was

13 carried out in circumstances justifying an objectively

14 reasonable belief that the search or seizure was in

15 conformity with the statute, administrative rule or

16 regulation, or rule of procedure, the violation of

17 which occasioned its being excludable.

18 ‘‘(c) RULES OF CONSTRUCTION.—This section shall

19 not be construed to require or authorize the exclusion of

20 evidence in any proceeding.’’.

21 (b) TECHNICAL AMENDMENT.—The analysis for

22 chapter 223 of title 18, United States Code, is amended

23 by adding at the end the following:

‘‘3510. Admissibility of evidence obtained by search or seizure.’’.
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1 TITLE VII—FEDERAL DEATH

2 PENALTY

3 SEC. 701. STRENGTHENING OF FEDERAL DEATH PENALTY

4 STANDARDS AND PROCEDURES.

5 (a) AMENDMENTS TO CHAPTER 228.—Chapter 228

6 of title 18, United States Code, is amended—

7 (1) by amending section 3592(c)(2) to read as

8 follows:

9 ‘‘(2) INVOLVEMENT OF A FIREARM OR PRE10 VIOUS CONVICTION OF VIOLENT FELONY INVOLVING

11 A FIREARM.—For any offense, other than an offense

12 for which a sentence of death is sought on the basis

13 of section 924(c), the defendant—

14 ‘‘(A) during and in relation to the commis15 sion of the offense or in escaping or attempting

16 to escape apprehension used or possessed a fire17 arm (as defined in section 921); or

18 ‘‘(B) has previously been convicted of a

19 Federal or State offense punishable by a term

20 of imprisonment of more than 1 year, involving

21 the use or attempted or threatened use of a

22 firearm (as defined in section 921) against an23 other person.’’;

24 (2) in section 3593—

25 (A) in subsection (a)—
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1 (i) by inserting ‘‘AND THE DEFEND2 ANT’’ after ‘‘GOVERNMENT’’ in the head3 ing;

4 (ii) by redesignating paragraphs (1)

5 and (2) as subparagraphs (A) and (B), re6 spectively;

7 (iii) by striking ‘‘If, in a case’’ and in8 serting ‘‘(1) If, in a case’’;

9 (iv) by designating the matter imme10 diately following subparagraph (B), as re11 designated, as paragraph (3);

12 (v) by inserting after paragraph (1) as

13 so designated, the following new para14 graph:

15 ‘‘(2) The defendant shall, during a reasonable

16 period of time before a hearing under subsection (b),

17 sign and file with the court a notice setting forth the

18 mitigating factor or factors, if any, upon which the

19 defendant intends to present information at the

20 hearing.’’; and

21 (vi) in paragraph (3), as so des22 ignated—

23 (I) by inserting ‘‘by the attorney

24 for the Government’’ after ‘‘this sub25 section’’;
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1 (II) by striking ‘‘and may in2 clude’’ and all that follows through

3 ‘‘relevant information’’;

4 (III) by inserting ‘‘or the defend5 ant’’ after ‘‘permit the attorney for

6 the government’’; and

7 (IV) by inserting ‘‘under this

8 subsection’’ after ‘‘to amend the no9 tice’’.

10 (B) in subsection (c)—

11 (i) in the fourth sentence, by inserting

12 ‘‘for which notice has been provided under

13 subsection (a)’’ after ‘‘The defendant may

14 present any information relevant to a miti15 gating factor’’; and

16 (ii) by inserting after the fifth sen17 tence the following: ‘‘The information pre18 sented by the government in support of

19 factors concerning the effect of the offense

20 on the victim and the victim’s family may

21 include oral testimony, a victim impact

22 statement that identifies the victim of the

23 offense and the nature and extent of harm

24 and loss suffered by the victim and the vic-
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1 tim’s family, and any other relevant infor2 mation.’’; and

3 (C) in subsection (e), by striking ‘‘shall

4 consider’’ and all that follows through ‘‘lesser

5 sentence.’’, and inserting the following: ‘‘shall

6 then consider whether the aggravating factor or

7 factors found to exist outweigh any mitigating

8 factors. The jury, or if there is no jury, the

9 court shall recommend a sentence of death if it

10 unanimously finds at least one aggravating fac11 tor and no mitigating factor or if it finds one

12 or more aggravating factors that outweigh any

13 mitigating factors. In any other case, it shall

14 not recommend a sentence of death. The jury

15 shall be instructed that it must avoid any influ16 ence of sympathy, sentiment, passion, prejudice,

17 or other arbitrary factors in its decision, and

18 shall make such a recommendation as the infor19 mation warrants. The jury shall be instructed

20 that its recommendation concerning a sentence

21 of death is to be based on the aggravating fac22 tor or factors and any mitigating factors, but

23 that the final decision concerning the balance of

24 aggravating and mitigating factors is a matter

25 for the jury’s judgment.’’;
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1 (3) in section 3595(c)(2), by striking the final

2 sentence;

3 (4) in section 3596(a), by striking the second

4 and third sentences and inserting the following: ‘‘A

5 sentence of death for any offense against the United

6 States shall be carried out in the manner prescribed

7 by the Attorney General by regulations.’’; and

8 (5) in section 3597—

9 (A) by amending the heading to read as

10 follows:

11 ‘‘§ 3597. Excuse of an employee on moral or religious

12 grounds’’;

13 (B) striking subsection (a); and

14 (C) in subsection (b)—

15 (i) by striking ‘‘(b) EXCUSE OF AN

16 EMPLOYEE ON MORAL OR RELIGIOUS

17 GROUNDS.—’’;

18 (ii) in the first sentence, by striking

19 ‘‘this section’’ and inserting ‘‘this chap20 ter’’; and

21 (iii) in the second sentence, by strik22 ing ‘‘this subsection’’ and inserting ‘‘this

23 section’’.

24 (b) UNIFORMITY OF PROCEDURES.—Section 408 of

25 the Controlled Substances Act (21 U.S.C. 848) is amend-
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1 ed by striking subsections (g) through (p), (q) (1) through

2 (3), and (r).

3 SEC. 702. MURDER OF WITNESS AS AGGRAVATING FACTOR.

4 Section 3592(c)(1) of title 18, United States Code,

5 is amended by inserting ‘‘section 1512 (witness tamper6 ing), section 1513 (retaliation against witness),’’ after

7 ‘‘(hostage taking),’’.

8 SEC. 703. SAFEGUARDS AGAINST DELAY IN THE EXECUTION

9 OF CAPITAL SENTENCES IN FEDERAL CASES.

10 (a) IN GENERAL.—Chapter 228 of title 18, United

11 States Code, is amended by adding at the end the follow12 ing:

13 ‘‘§ 3599. Collateral attack on judgment imposing sen14 tence of death

15 ‘‘(a) TIME FOR MAKING SECTION 2255 MOTION.—

16 In a case in which a sentence of death has been imposed,

17 a motion under section 2255 of title 28, shall be filed not

18 later than 90 days after the time the judgment becomes

19 final by the conclusion of direct review or the expiration

20 of the time for seeking direct review. The court in which

21 the motion is filed, for good cause shown, may extend the

22 time for filing for a period not exceeding 60 days. A mo23 tion described in this section shall have priority over all

24 noncapital matters in the district court, and in the court

25 of appeals on review of the district court’s decision.
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1 ‘‘(b) STAY OF EXECUTION.—The execution of a sen2 tence of death shall be stayed in the course of direct review

3 of the judgment and during the litigation of an initial mo4 tion under section 2255 of title 28. The stay shall run

5 continuously following imposition of the sentence, and

6 shall expire if—

7 ‘‘(1) the defendant fails to file a motion under

8 section 2255 of title 28 within the time specified in

9 subsection (a), or fails to make a timely application

10 for court of appeals review following the denial of

11 such a motion by a district court;

12 ‘‘(2) upon completion of district court and court

13 of appeals review under section 2255 of title 28 the

14 motion under that section is denied and—

15 ‘‘(A) the time for filing a petition for cer16 tiorari has expired and no petition has been

17 filed;

18 ‘‘(B) a timely petition for certiorari was

19 filed and the Supreme Court denied the peti20 tion; or

21 ‘‘(C) a timely petition for certiorari was

22 filed and upon consideration of the case, the

23 Supreme Court disposed of it in a manner that

24 left the capital sentence undisturbed; or
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1 ‘‘(3) before a district court, in the presence of

2 counsel and after having been advised of the con3 sequences of the decision to do so, the defendant

4 waives the right to file a motion under section 2255

5 of title 28.

6 ‘‘(c) FINALITY OF DECISION ON REVIEW.—If one of

7 the conditions specified in subsection (b) has occurred, no

8 court thereafter shall have the authority to enter a stay

9 of execution or grant relief in the case unless—

10 ‘‘(1) the basis for the stay and request for relief

11 is a claim not presented in earlier proceedings;

12 ‘‘(2) the failure to raise the claim was—

13 ‘‘(A) the result of governmental action in

14 violation of the Constitution or laws of the

15 United States;

16 ‘‘(B) the result of the Supreme Court rec17 ognition of a new Federal right made retro18 actively applicable to cases on collateral review

19 by the Supreme Court; or

20 ‘‘(C) based on a factual predicate that

21 could not have been discovered through the ex22 ercise of reasonable diligence in time to present

23 the claim in earlier proceedings; and

24 ‘‘(3) the facts underlying the claim, if proven

25 and viewed in light of the evidence as a whole, would
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1 be sufficient to establish by clear and convincing evi2 dence that, but for constitutional error, no reason3 able factfinder would have found the movant guilty

4 of the underlying offense.’’.

5 (b) TECHNICAL AMENDMENT.—The analysis for

6 chapter 228 of title 18, United States Code, is amended

7 by adding at the end the following:

‘‘3599. Collateral attack on judgment imposing sentence of death.’’.

8 SEC. 704. DEATH PENALTY FOR MURDERS COMMITTED

9 WITH FIREARMS.

10 (a) IN GENERAL.—Chapter 51 of title 18, United

11 States Code, is amended by adding at the end the follow12 ing new section:

13 ‘‘§ 1122. Murder involving the use of a firearm

14 ‘‘(a) OFFENSE.—A person who has been found guilty

15 of causing, through the use of a firearm (as defined in

16 section 921 of this title), the death of another person, in17 tentionally, knowingly, or through recklessness manifest18 ing extreme indifference to human life, or through the in19 tentional infliction of serious bodily injury, shall be pun20 ished by death or imprisoned for any term of years or for

21 life.

22 ‘‘(b) JURISDICTION.—There is Federal jurisdiction

23 over an offense under this section if—

24 ‘‘(1) the conduct of the offender occurred in the

25 course of an offense against the United States; or
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1 ‘‘(2) a firearm involved in the offense has

2 moved at any time in interstate or foreign com3 merce.

4 ‘‘(c) CONGRESSIONAL INTENT.—It is the intent of

5 Congress that—

6 ‘‘(1) this section shall be used to supplement

7 and not supplant the efforts of State and local pros8 ecutors in prosecuting murders involving firearms

9 that have moved in interstate or foreign commerce

10 that could be prosecuted under State law; and

11 ‘‘(2) the Attorney General shall give due def12 erence to the interest that a State or local prosecu13 tor has in prosecuting a person under State law.

14 This subsection does not create any rights, substantive or

15 procedural, enforceable at law by any party in any man16 ner, civil or criminal, nor does it place any limitations on

17 otherwise lawful prerogatives of the Attorney General.’’.

18 (b) TECHNICAL AMENDMENT.—The analysis for

19 chapter 51 of title 18, United States Code, is amended

20 by adding at the end the following new item:

‘‘1122. Murder involving the use of a firearm.’’.

21 SEC. 705. DEATH PENALTY FOR MURDERS COMMITTED IN

22 THE DISTRICT OF COLUMBIA.

23 (a) IN GENERAL.—Chapter 51 of title 18, United

24 States Code, is amended by adding at the end the follow25 ing new section:
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1 ‘‘§ 1123. Capital punishment for murders in the Dis2 trict of Columbia

3 ‘‘(a) OFFENSE.—It shall be unlawful to cause the

4 death of a person intentionally, knowingly, or through

5 recklessness manifesting extreme indifference to human

6 life, or to cause the death of a person through the inten7 tional infliction of serious bodily injury.

8 ‘‘(b) FEDERAL JURISDICTION.—There is Federal ju9 risdiction over an offense described in this section if the

10 conduct resulting in death occurs in the District of Colum11 bia.

12 ‘‘(c) PENALTY.—An offense described in this section

13 is a Class A felony. A sentence of death may be imposed

14 for an offense described in this section as provided in this

15 section. Sections 3591 and 3592 of this title shall not

16 apply in relation to capital sentencing for an offense de17 scribed in this section, but all other sections of chapter

18 228 shall apply in relation to the imposition, review, and

19 execution of capital sentences for offenses described in this

20 section.

21 ‘‘(d) MITIGATING FACTORS.—In determining wheth22 er to recommend a sentence of death, the jury shall con23 sider whether any aspect of the defendant’s character,

24 background, or record or any circumstance of the offense

25 that the defendant may proffer as a mitigating factor ex26 ists, including the following factors:
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1 ‘‘(1) MENTAL CAPACITY.—The defendant’s

2 mental capacity to appreciate the wrongfulness of

3 his or her conduct or to conform his or her conduct

4 to the requirements of law was significantly im5 paired.

6 ‘‘(2) DURESS.—The defendant was under un7 usual and substantial duress.

8 ‘‘(3) PARTICIPATION IN OFFENSE MINOR.—The

9 defendant is punishable as a principal (pursuant to

10 section 2 of this title) in the offense, which was com11 mitted by another, but the defendant’s participation

12 was relatively minor.

13 ‘‘(e) AGGRAVATING FACTORS.—In determining

14 whether to recommend a sentence of death, the jury shall

15 consider any aggravating factor for which notice has been

16 provided, including the following factors:

17 ‘‘(1) KILLING IN FURTHERANCE OF DRUG

18 TRAFFICKING.—The defendant engaged in the con19 duct resulting in death in the course of or in fur20 therance of drug trafficking activity.

21 ‘‘(2) KILLING IN THE COURSE OF OTHER SERI22 OUS VIOLENT CRIMES.—The defendant engaged in

23 the conduct resulting in death in the course of com24 mitting or attempting to commit an offense involving

25 robbery, burglary, sexual abuse, kidnaping, or arson.
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1 ‘‘(3) MULTIPLE KILLINGS OR ENDANGERMENT

2 OF OTHERS.—The defendant committed more than

3 one offense under this section, or in committing the

4 offense knowingly created a grave risk of death to

5 one or more persons in addition to the victim of the

6 offense.

7 ‘‘(4) INVOLVEMENT OF FIREARM.—During and

8 in relation to the commission of the offense, the de9 fendant used or possessed a firearm (as defined in

10 section 921).

11 ‘‘(5) PREVIOUS CONVICTION OF VIOLENT FEL12 ONY.—The defendant has previously been convicted

13 of an offense punishable by a term of imprisonment

14 of more than 1 year that involved the use or at15 tempted or threatened use of force against a person

16 or that involved sexual abuse.

17 ‘‘(6) KILLING WHILE INCARCERATED OR

18 UNDER SUPERVISION.—The defendant at the time of

19 the offense was confined in or had escaped from a

20 jail, prison, or other correctional or detention facil21 ity, was on pretrial release, or was on probation, pa22 role, supervised release, or other post-conviction con23 ditional release.

24 ‘‘(7) HEINOUS, CRUEL, OR DEPRAVED MANNER

25 OF COMMISSION.—The defendant committed the of-
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1 fense in an especially heinous, cruel, or depraved

2 manner in that it involved torture or serious physical

3 abuse to the victim.

4 ‘‘(8) PROCUREMENT OF THE OFFENSE BY PAY5 MENT.—The defendant procured the commission of

6 the offense by payment, or promise of payment, of

7 anything of pecuniary value.

8 ‘‘(9) COMMISSION OF THE OFFENSE FOR PECU9 NIARY GAIN.—The defendant committed the offense

10 as consideration for receiving, or in the expectation

11 of receiving or obtaining, anything of pecuniary

12 value.

13 ‘‘(10) SUBSTANTIAL PLANNING AND

14 PREMEDITATION.—The defendant committed the of15 fense after substantial planning and premeditation.

16 ‘‘(11) VULNERABILITY OF VICTIM.—The victim

17 was particularly vulnerable due to old age, youth, or

18 infirmity.

19 ‘‘(12) KILLING OF PUBLIC SERVANT.—The de20 fendant committed the offense against a public serv21 ant—

22 ‘‘(A) while such public servant was en23 gaged in the performance of his or her official

24 duties;
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•S 1495 IS

1 ‘‘(B) because of the performance of such

2 public servant’s official duties; or

3 ‘‘(C) because of such public servant’s sta4 tus as a public servant.

5 ‘‘(13) KILLING TO INTERFERE WITH OR RE6 TALIATE AGAINST WITNESS.—The defendant com7 mitted the offense in order to prevent or inhibit any

8 person from testifying or providing information con9 cerning an offense, or to retaliate against any person

10 for testifying or providing such information.

11 ‘‘(f) DEFINITIONS.—For purposes of this section—

12 ‘‘(1) the term ‘State’ has the meaning stated in

13 section 513;

14 ‘‘(2) the term ‘offense’, as used in paragraphs

15 (2), (5), and (13) of subsection (e), and in para16 graph (5) of this subsection, means an offense under

17 the law of a State or the United States;

18 ‘‘(3) the term ‘drug trafficking activity’ means

19 a drug trafficking crime (as defined in section

20 929(a)(2)), or a pattern or series of acts involving

21 one or more drug trafficking crimes;

22 ‘‘(4) the term ‘robbery’ means obtaining the

23 property of another by force or threat of force;

24 ‘‘(5) the term ‘burglary’ means entering or re25 maining in a building or structure in violation of the
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•S 1495 IS

1 law of a State or the United States, with the intent

2 to commit an offense in the building or structure;

3 ‘‘(6) the term ‘sexual abuse’ means any conduct

4 proscribed by chapter 109A, whether or not the con5 duct occurs in the special maritime and territorial

6 jurisdiction of the United States;

7 ‘‘(7) the term ‘arson’ means damaging or de8 stroying a building or structure through the use of

9 fire or explosives;

10 ‘‘(8) the term ‘kidnaping’ means seizing, confin11 ing, or abducting a person, or transporting a person

12 without his or her consent;

13 ‘‘(9) the terms ‘pretrial release’, ‘probation’,

14 ‘parole’, ‘supervised release’, and ‘other

15 postconviction conditional release’, as used in sub16 section (e)(6), mean any such release, imposed in re17 lation to a charge or conviction for an offense under

18 the law of the District of Columbia, another State,

19 or the United States; and

20 ‘‘(10) the term ‘public servant’ means an em21 ployee, agent, officer, or official of a State or the

22 United States, or an employee, agent, officer, or offi23 cial of a foreign government who is within the scope

24 of section 1116.
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1 ‘‘(g) OTHER CHARGES.—When an offense is charged

2 under this section, the government may join any charge

3 under the District of Columbia Code that arises from the

4 same incident.’’.

5 (b) TECHNICAL AMENDMENT.—The analysis for

6 chapter 51 of title 18, United States Code, is amended

7 by adding at the end the following:

‘‘1123. Capital punishment for murders in the District of Columbia.’’.

8 TITLE VIII—HABEAS CORPUS

9 SEC. 801. STOPPING ABUSE OF FEDERAL COLLATERAL

10 REMEDIES.

11 (a) IN GENERAL.—Chapter 153 of title 28, United

12 States Code, is amended by adding at the end the follow13 ing:

14 ‘‘§ 2257. Adequacy of State remedies

15 ‘‘Notwithstanding any other provision of law, an ap16 plication for a writ of habeas corpus in behalf of a person

17 in custody pursuant to a judgment or order of a State

18 court shall not be entertained by a judge or a court of

19 the United States unless the remedies in the courts of the

20 State are inadequate or ineffective to test the legality of

21 the person’s detention.’’.

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

23 for chapter 153 of title 18, United States Code, is amend24 ed by adding at the end the following:

‘‘2257. Adequacy of State remedies.’’.
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1 TITLE IX—CRIMINAL ALIEN

2 DEPORTATION IMPROVEMENTS

3 SEC. 901. ADDITIONAL EXPANSION OF DEFINITION OF AG4 GRAVATED FELONY.

5 (a) IN GENERAL.—Section 101(a)(43) of the Immi6 gration and Nationality Act (8 U.S.C. 1101(a)(43)), as

7 amended by section 222 of the Immigration and National8 ity Technical Corrections Act of 1994 (Public Law 103–

9 416), is amended—

10 (1) in subparagraph (J), by inserting ‘‘, or an

11 offense described in section 1084 (if it is a second

12 or subsequent offense) or 1955 of that title (relating

13 to gambling offenses),’’ after ‘‘corrupt organiza14 tions)’’;

15 (2) in subparagraph (K)—

16 (A) by striking ‘‘or’’ at the end of clause

17 (i),

18 (B) by redesignating clause (ii) as clause

19 (iii), and

20 (C) by inserting after clause (i) the follow21 ing new clause:

22 ‘‘(ii) is described in section 2421,

23 2422, or 2423 of title 18, United States

24 Code (relating to transportation for the
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•S 1495 IS

1 purpose of prostitution) for commercial ad2 vantage; or’’;

3 (3) by amending subparagraph (N) to read as

4 follows:

5 ‘‘(N) an offense described in paragraph

6 (1)(A) or (2) of section 274(a) (relating to alien

7 smuggling) for which the term of imprisonment

8 imposed (regardless of any suspension of im9 prisonment) is at least 5 years;’’;

10 (4) by amending subparagraph (O) to read as

11 follows:

12 ‘‘(O) an offense (i) which either is falsely

13 making, forging, counterfeiting, mutilating, or

14 altering a passport or instrument in violation of

15 section 1543 of title 18, United States Code, or

16 is described in section 1546(a) of such title (re17 lating to document fraud) and (ii) for which the

18 term of imprisonment imposed (regardless of

19 any suspension of such imprisonment) is at

20 least 18 months;’’

21 (5) in subparagraph (P), by striking ‘‘15 years’’

22 and inserting ‘‘5 years’’, and by striking ‘‘and’’ at

23 the end;
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1 (6) by redesignating subparagraphs (O), (P),

2 and (Q) as subparagraphs (P), (Q), and (U), respec3 tively;

4 (7) by inserting after subparagraph (N) the fol5 lowing new subparagraph:

6 ‘‘(O) an offense described in section 275(a)

7 or 276 committed by an alien who was pre8 viously deported on the basis of a conviction for

9 an offense described in another subparagraph

10 of this paragraph;’’; and

11 (8) by inserting after subparagraph (Q), as so

12 redesignated, the following new subparagraphs:

13 ‘‘(R) an offense relating to commercial

14 bribery, counterfeiting, forgery, or trafficking in

15 vehicles the identification numbers of which

16 have been altered for which a sentence of 5

17 years’ imprisonment or more may be imposed;

18 ‘‘(S) an offense relating to obstruction of

19 justice, perjury or subornation of perjury, or

20 bribery of a witness, for which a sentence of 5

21 years’ imprisonment or more may be imposed;

22 ‘‘(T) an offense relating to a failure to ap23 pear before a court pursuant to a court order

24 to answer to or dispose of a charge of a felony
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1 for which a sentence of 2 years’ imprisonment

2 or more may be imposed; and’’.

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

4 subsection (a) shall apply to convictions entered on or

5 after the date of the enactment of this Act, except that

6 the amendment made by subsection (a)(3) shall take effect

7 as if included in the enactment of section 222 of the Immi8 gration and Nationality Technical Corrections Act of

9 1994.

10 SEC. 902. DEPORTATION PROCEDURES FOR CERTAIN

11 CRIMINAL ALIENS WHO ARE NOT PERMA12 NENT RESIDENTS.

13 (a) ADMINISTRATIVE HEARINGS.—Section 242A(b)

14 of the Immigration and Nationality Act (8 U.S.C.

15 1252a(b)), as added by section 130004(a) of the Violent

16 Crime Control and Law Enforcement Act of 1994 (Public

17 Law 103–322), is amended—

18 (1) in paragraph (2)—

19 (A) by striking ‘‘and’’ at the end of sub20 paragraph (A) and inserting ‘‘or’’, and

21 (B) by amending subparagraph (B) to read

22 as follows:

23 ‘‘(B) had permanent resident status on a

24 conditional basis (as described in section 216)
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1 at the time that proceedings under this section

2 commenced.’’;

3 (2) in paragraph (3), by striking ‘‘30 calendar

4 days’’ and inserting ‘‘14 calendar days’’;

5 (3) in paragraph (4)(B), by striking ‘‘proceed6 ings’’ and inserting ‘‘proceedings’’;

7 (4) in paragraph (4)—

8 (A) by redesignating subparagraphs (D)

9 and (E) as subparagraphs (F) and (G), respec10 tively; and

11 (B) by adding after subparagraph (C) the

12 following new subparagraphs:

13 ‘‘(D) such proceedings are conducted in, or

14 translated for the alien into, a language the

15 alien understands;

16 ‘‘(E) a determination is made for the

17 record at such proceedings that the individual

18 who appears to respond in such a proceeding is

19 an alien subject to such an expedited proceed20 ing under this section and is, in fact, the alien

21 named in the notice for such proceeding;’’.

22 (5) by adding at the end the following new

23 paragraph:

24 ‘‘(5) No alien described in this section shall be

25 eligible for any relief from deportation that the At-
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1 torney General may grant in the Attorney General’s

2 discretion.’’.

3 (b) LIMIT ON JUDICIAL REVIEW.—Subsection (d) of

4 section 106 of the Immigration and Nationality Act (8

5 U.S.C. 1105a), as added by section 130004(b) of the Vio6 lent Crime Control and Law Enforcement Act of 1994

7 (Public Law 103–322), is amended to read as follows:

8 ‘‘(d) Notwithstanding subsection (c), a petition for

9 review or for habeas corpus on behalf of an alien described

10 in section 242A(c) may only challenge whether the alien

11 is in fact an alien described in such section, and no court

12 shall have jurisdiction to review any other issue.’’.

13 (c) PRESUMPTION OF DEPORTABILITY.—Section

14 242A of the Immigration and Nationality Act (8 U.S.C.

15 1252a) is amended by inserting after subsection (b) the

16 following new subsection:

17 ‘‘(c) PRESUMPTION OF DEPORTABILITY.—An alien

18 convicted of an aggravated felony shall be conclusively pre19 sumed to be deportable from the United States.’’.

20 (d) EFFECTIVE DATE.—The amendments made by

21 this section shall apply to all aliens against whom deporta22 tion proceedings are initiated after the date of the enact23 ment of this Act.
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1 SEC. 903. RESTRICTING THE DEFENSE TO EXCLUSION

2 BASED ON 7 YEARS PERMANENT RESIDENCE

3 FOR CERTAIN CRIMINAL ALIENS.

4 The last sentence of section 212(c) of the Immigra5 tion and Nationality Act (8 U.S.C. 1182(c)) is amended

6 by striking ‘‘has served for such felony or felonies’’ and

7 all that follows through the period and inserting ‘‘has been

8 sentenced for such felony or felonies to a term of imprison9 ment of at least 5 years, if the time for appealing such

10 conviction or sentence has expired and the sentence has

11 become final.’’.

12 SEC. 904. LIMITATION ON COLLATERAL ATTACKS ON UN13 DERLYING DEPORTATION ORDER.

14 (a) IN GENERAL.—Section 276 of the Immigration

15 and Nationality Act (8 U.S.C. 1326) is amended by add16 ing at the end the following new subsection:

17 ‘‘(c) In a criminal proceeding under this section, an

18 alien may not challenge the validity of the deportation

19 order described in subsection (a)(1) or subsection (b) un20 less the alien demonstrates that—

21 ‘‘(1) the alien exhausted any administrative

22 remedies that may have been available to seek relief

23 against the order;

24 ‘‘(2) the deportation proceedings at which the

25 order was issued improperly deprived the alien of the

26 opportunity for judicial review; and
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1 ‘‘(3) the entry of the order was fundamentally

2 unfair.’’.

3 (b) EFFECTIVE DATE.—The amendment made by

4 subsection (a) shall apply to criminal proceedings initiated

5 after the date of the enactment of this Act.

6 SEC. 905. CRIMINAL ALIEN IDENTIFICATION SYSTEM.

7 Section 130002(a) of the Violent Crime Control and

8 Law Enforcement Act of 1994 (Public Law 103–312) is

9 amended to read as follows:

10 ‘‘(a) OPERATION AND PURPOSE.—The Commissioner

11 of Immigration and Naturalization shall, under the au12 thority of section 242(a)(3)(A) of the Immigration and

13 Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a crimi14 nal alien identification system. The criminal alien identi15 fication system shall be used to assist Federal, State, and

16 local law enforcement agencies in identifying and locating

17 aliens who may be subject to deportation by reason of

18 their conviction of aggravated felonies.’’.

19 SEC. 906. WIRETAP AUTHORITY FOR ALIEN SMUGGLING IN20 VESTIGATIONS.

21 Section 2516(1) of title 18, United States Code, is

22 amended—

23 (1) by striking ‘‘and’’ at the end of paragraph

24 (n),
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1 (2) by redesignating paragraph (o) as para2 graph (p), and

3 (3) by inserting after paragraph (n) the follow4 ing new paragraph:

5 ‘‘(o) a felony violation of section 1028 (relating

6 to production of false identification documents), sec7 tion 1542 (relating to false statements in passport

8 applications), section 1546 (relating to fraud and

9 misuse of visas, permits, and other documents) of

10 this title or a violation of section 274, 277, or 278

11 of the Immigration and Nationality Act (relating to

12 the smuggling of aliens); or’’.

13 SEC. 907. EXPANSION OF CRITERIA FOR DEPORTATION FOR

14 CRIMES OF MORAL TURPITUDE.

15 (a) IN GENERAL.—Section 241(a)(2)(A)(i)(II) of the

16 Immigration and Nationality Act (8 U.S.C.

17 1251(a)(2)(A)(i)(II)) is amended to read as follows:

18 ‘‘(II) is convicted of a crime for

19 which a sentence of one year or longer

20 may be imposed,’’.

21 (b) EFFECTIVE DATE.—The amendment made by

22 subsection (a) shall apply to aliens against whom deporta23 tion proceedings are initiated after the date of the enact24 ment of this Act.
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1 SEC. 908. STUDY OF PRISONER TRANSFER TREATY WITH

2 MEXICO.

3 (a) REPORT TO CONGRESS.—Not later than 180 days

4 after the date of the enactment of this Act, the Secretary

5 of State and the Attorney General shall submit to the Con6 gress a report that describes the use and effectiveness of

7 the Prisoner Transfer Treaty with Mexico (in this section

8 referred to as the ‘‘Treaty’’) to remove from the United

9 States aliens who have been convicted of crimes in the

10 United States.

11 (b) USE OF TREATY.—The report under subsection

12 (a) shall include the following information:

13 (1) The number of aliens convicted of a crimi14 nal offense in the United States since November 30,

15 1977, who would have been or are eligible for trans16 fer pursuant to the Treaty.

17 (2) The number of aliens described in para18 graph (1) who have been transferred pursuant to the

19 Treaty.

20 (3) The number of aliens described in para21 graph (2) who have been incarcerated in full compli22 ance with the Treaty.

23 (4) The number of aliens who are incarcerated

24 in a penal institution in the United States who are

25 eligible for transfer pursuant to the Treaty.
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1 (5) The number of aliens described in para2 graph (4) who are incarcerated in State and local

3 penal institutions.

4 (c) EFFECTIVENESS OF TREATY.—The report under

5 subsection (a) shall include the recommendations of the

6 Secretary of State and the Attorney General to increase

7 the effectiveness and use of, and full compliance with, the

8 Treaty. In considering the recommendations under this

9 subsection, the Secretary and the Attorney General shall

10 consult with such State and local officials in areas dis11 proportionately impacted by aliens convicted of criminal

12 offenses as the Secretary and the Attorney General con13 sider appropriate. Such recommendations shall address

14 the following areas:

15 (1) Changes in Federal laws, regulations, and

16 policies affecting the identification, prosecution, and

17 deportation of aliens who have committed a criminal

18 offense in the United States.

19 (2) Changes in State and local laws, regula20 tions, and policies affecting the identification, pros21 ecution, and deportation of aliens who have commit22 ted a criminal offense in the United States.

23 (3) Changes in the Treaty that may be nec24 essary to increase the number of aliens convicted of
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1 crimes who may be transferred pursuant to the

2 Treaty.

3 (4) Methods for preventing the unlawful re4 entry into the United States of aliens who have been

5 convicted of criminal offenses in the United States

6 and transferred pursuant to the Treaty.

7 (5) Any recommendations of appropriate offi8 cials of the Mexican Government on programs to

9 achieve the goals of, and ensure full compliance

10 with, the Treaty.

11 (6) An assessment of whether the recommenda12 tions under this subsection require the renegotiation

13 of the Treaty.

14 (7) The additional funds required to implement

15 each recommendation under this subsection.

16 SEC. 909. JUSTICE DEPARTMENT ASSISTANCE IN BRINGING

17 TO JUSTICE ALIENS WHO FLEE PROSECU18 TION FOR CRIMES IN THE UNITED STATES.

19 (a) ASSISTANCE TO STATES.—The Attorney General,

20 in cooperation with the Commissioner of Immigration and

21 Naturalization and the Secretary of State, shall designate

22 an office within the Department of Justice to provide tech23 nical and prosecutorial assistance to States and political

24 subdivisions of States in efforts to bring to justice aliens

25 who flee prosecution for crimes in the United States.
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1 (b) REPORT TO CONGRESS.—Not later than one year

2 after the date of the enactment of this Act, the Attorney

3 General shall compile and submit to the Congress a report

4 which assesses the nature and extent of the problem of

5 bringing to justice aliens who flee prosecution for crimes

6 in the United States.

7 SEC. 910. PRISONER TRANSFER TREATIES.

8 (a) NEGOTIATION.—Congress advises the President

9 to begin to negotiate and renegotiate, not later than 90

10 days after the date of the enactment of this Act, bilateral

11 prisoner transfer treaties. The focus of such negotiations

12 shall be to expedite the transfer of aliens unlawfully in

13 the United States who are incarcerated in United States

14 prisons, to ensure that a transferred prisoner serves the

15 balance of the sentence imposed by the United States

16 courts, and to eliminate any requirement of prisoner con17 sent to such a transfer.

18 (b) CERTIFICATION.—The President shall submit to

19 the Congress, annually, a certification as to whether each

20 prisoner transfer treaty in force is effective in returning

21 aliens unlawfully in the United States who have committed

22 offenses for which they are incarcerated in the United

23 States to their country of nationality for further incarcer24 ation.
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1 SEC. 911. INTERIOR REPATRIATION PROGRAM.

2 Not later than 180 days after the date of enactment

3 of this Act, the Attorney General and the Commissioner

4 of Immigration and Naturalization shall develop and im5 plement a program in which aliens who previously have

6 illegally entered the United States not less than 3 times

7 and are deported or returned to a country contiguous to

8 the United States will be returned to locations not less

9 than 500 kilometers from that country’s border with the

10 United States.

11 SEC. 912. DEPORTATION OF NONVIOLENT OFFENDERS

12 PRIOR TO COMPLETION OF SENTENCE OF IM13 PRISONMENT.

14 (a) IN GENERAL.—Section 242(h) of the Immigra15 tion and Nationality Act (8 U.S.C. 1252(h)) is amended

16 to read as follows:

17 ‘‘(h)(1) Except as provided in paragraph (2), an alien

18 sentenced to imprisonment may not be deported until such

19 imprisonment has been terminated by the release of the

20 alien from confinement. Parole, supervised release, proba21 tion, or possibility of rearrest or further confinement in

22 respect of the same offense shall not be a ground for defer23 ral of deportation.

24 ‘‘(2) The Attorney General is authorized to deport an

25 alien in accordance with applicable procedures under this
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1 Act prior to the completion of a sentence of imprison2 ment—

3 ‘‘(A) in the case of an alien in the custody of

4 the Attorney General, if the Attorney General deter5 mines that (i) the alien is confined pursuant to a

6 final conviction for a nonviolent offense (other than

7 alien smuggling), and (ii) such deportation of the

8 alien is appropriate and in the best interest of the

9 United States; or

10 ‘‘(B) in the case of an alien in the custody of

11 a State (or a political subdivision of a State), if the

12 chief State official exercising authority with respect

13 to the incarceration of the alien determines that (i)

14 the alien is confined pursuant to a final conviction

15 for a nonviolent offense (other than alien smug16 gling), (ii) such deportation is appropriate and in

17 the best interest of the State, and (iii) submits a

18 written request to the Attorney General that such

19 alien be so deported.

20 ‘‘(3) Any alien deported pursuant to this subsection

21 shall be notified of the penalties under the laws of the

22 United States relating to the reentry of deported aliens,

23 particularly the expanded penalties for aliens deported

24 under paragraph (2).’’.
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1 (b) REENTRY OF ALIEN DEPORTED PRIOR TO COM2 PLETION OF TERM OF IMPRISONMENT.—Section 276 of

3 the Immigration and Nationality Act (8 U.S.C. 1326) is

4 amended by adding at the end the following new sub5 section:

6 ‘‘(c) Any alien deported pursuant to section

7 242(h)(2) who enters, attempts to enter, or is at any time

8 found in, the United States (unless the Attorney General

9 has expressly consented to such alien’s reentry) shall be

10 incarcerated for the remainder of the sentence of impris11 onment which was pending at the time of deportation

12 without any reduction for parole or supervised release.

13 Such alien shall be subject to such other penalties relating

14 to the reentry of deported aliens as may be available under

15 this section or any other provision of law.’’.

16 TITLE X—GANGS, JUVENILES,

17 AND DRUGS

18 SEC. 1001. CRIMINAL STREET GANGS OFFENSES.

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

20 amended by inserting after chapter 93 the following:

21 ‘‘CHAPTER 94—PROHIBITED PARTICIPA22 TION IN CRIMINAL STREET GANGS

23 AND GANG CRIME

‘‘Sec.

‘‘1930. Crimes in furtherance of gangs.

‘‘1931. Prohibited activity.

‘‘1932. Penalties.

‘‘1933. Investigative authority.
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1 ‘‘§ 1930. Crimes in furtherance of gangs

2 ‘‘(a) FINDINGS.—The Congress makes the following

3 findings:

4 ‘‘(1) Criminal street gangs have become in5 creasingly prevalent and entrenched in our society in

6 the last several decades. In many areas of the coun7 try, these gangs exert considerable control over other

8 members of their community, particularly through

9 the use of violence and drugs. Criminal street gangs

10 have also become more national in scope, extending

11 their influence beyond the urban areas in which they

12 originated.

13 ‘‘(2) The major activities of criminal street

14 gangs are crimes of violence and the distribution and

15 use of illegal drugs. It is through these activities

16 that criminal street gangs directly affect interstate

17 and foreign commerce, even when their particular

18 activities, viewed in isolation, appear to be purely

19 intrastate in character.

20 ‘‘(b) BASIS FOR CHAPTER.—On the basis of the find21 ings stated in subsection (a), the Congress determines that

22 the provisions of this chapter are necessary and proper

23 for the purpose of carrying into execution the powers of

24 Congress to regulate commerce and to establish criminal

25 law.
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1 ‘‘§ 1931. Prohibited activity

2 ‘‘(a) DEFINITIONS.—As used in this chapter—

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

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

5 threat, that is chargeable under Federal or

6 State law and punishable by imprisonment for

7 more than 1 year, involving murder, assault,

8 kidnapping, robbery, extortion, burglary, arson,

9 property damage or destruction, obstruction of

10 justice, tampering with or retaliating against a

11 witness, victim, or informant, or manufacturing,

12 importing, receiving, concealing, purchasing,

13 selling, possessing, or otherwise dealing in a

14 controlled substance or controlled substance

15 analogue (as those terms are defined in section

16 102 of the Controlled Substances Act (21

17 U.S.C. 802));

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

19 for more than 1 year, that is indictable under

20 sections 922 and 924 (a)(2), (b), (c), (g), or (h)

21 (relating to receipt, possession, and transfer of

22 firearms), section 1503 (relating to obstruction

23 of justice), 1510 (relating to obstruction of

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

2 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, at least 1 of which

12 occurs after the date of enactment of this chapter

13 and the last of which occurs within 10 years (exclud14 ing any period of imprisonment) after the commis15 sion of the first such 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, one 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) PROHIBITED CONDUCT.—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 a criminal street 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

21 the commission, or attempted commission, of a pred22 icate gang crime with intent to promote or further

23 the activities of a criminal street gang or for the

24 purpose of gaining entrance to or maintaining or in25 creasing position in such a gang. Each separate use
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1 of a communication facility shall be a separate of2 fense under this subsection.

3 ‘‘§ 1932. Penalties

4 ‘‘(a) PENALTIES OF UP TO 20 YEARS OR LIFE IM5 PRISONMENT.—A person who violates section 1931(b) (1)

6 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 one 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 1931(b) (3) or (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 1931(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 1931(b)

7 (1) or (2), one of whose predicate gang crimes in8 volves murder or conspiracy to commit murder

9 which results in the taking of a life, and who com10 mits, counsels, commands, induces, procures, or

11 causes that murder, shall be punished by death or

12 by imprisonment for life;

13 ‘‘(2) any person who violates section 1931(b)

14 (1) or (2), one of whose predicate gang crimes in15 volves attempted murder or conspiracy to commit

16 murder, shall be sentenced to a term of imprison17 ment which shall not be less than 20 years and

18 which may be for any term of years exceeding 20

19 years or for life; and

20 ‘‘(3) any person who violates section 1931(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 the criminal street gang,

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

2 for any term of years exceeding 15 years or for life.

3 For purposes of paragraph (3), if it is shown that the de4 fendant counseled, commanded, induced, or procured 5 or

5 more individuals to participate in a street gang, there shall

6 be a rebuttable presumption that the defendant occupied

7 a position of organizer or supervisor, or other position of

8 management in the gang.

9 ‘‘(e) FORFEITURE.—A person who violates section

10 1931(b) (1) or (2) shall, in addition to any other penalty

11 (notwithstanding any provision of State law), forfeit to the

12 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

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

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

22 this section.

23 ‘‘§ 1933. 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. The authority shall be exercised in ac2 cordance with an agreement entered into by the Attorney

3 General and the Secretary of the Treasury.’’.

4 (b) TECHNICAL AMENDMENT.—The analysis for part

5 I of title 18, United States Code, is amended by inserting

6 after the item for chapter 93 the following:

‘‘94. Prohibited participation in criminal street gangs

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

7 (c) SENTENCING GUIDELINES INCREASE FOR GANG

8 CRIMES.—The United States Sentencing Commission

9 shall at the earliest opportunity amend the sentencing

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

11 level for any felony committed for the purpose of gaining

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

13 criminal street gang. For purposes of this subsection,

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

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

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

17 excess of 30 days, with the intent that any of those indi18 viduals alone, or in any combination, commit or will com19 mit, two or more acts punishable under Federal or State

20 law by imprisonment for more than 1 year.

21 SEC. 1002. SERIOUS JUVENILE DRUG OFFENSES AS ARMED

22 CAREER CRIMINAL ACT PREDICATES.

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

24 is amended—
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1 (1) by striking ‘‘or’’ at the end of clause (i);

2 (2) by striking ‘‘and’’ at the end of clause (ii)

3 and inserting ‘‘or’’; and

4 (3) by adding at the end the following new

5 clause:

6 ‘‘(iii) any act of juvenile delinquency

7 that if committed by an adult would be a

8 serious drug offense described in this para9 graph;’’.

10 SEC. 1003. ADULT PROSECUTION OF SERIOUS JUVENILE

11 OFFENDERS.

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

13 amended—

14 (1) in the first and fourth undesignated para15 graphs—

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

17 section 401 of the Controlled Substances Act

18 (21 U.S.C. 841),’’ and inserting ‘‘an offense (or

19 a conspiracy or an attempt to commit an of20 fense) described in section 401 of the Con21 trolled Substances Act (21 U.S.C. 841 or

22 846),’’; and

23 (B) by striking ‘‘924 (b), (g), or (h)’’ and

24 inserting ‘‘924 (b), (g), (h), (j), (k) or (l)’’;
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1 (2) in the first undesignated paragraph by

2 striking ‘‘or (x)’’ and inserting ‘‘or section 922(x)’’;

3 (3) in the fourth undesignated paragraph, by

4 striking the second and third sentences and by in5 serting ‘‘and with respect to a juvenile 13 years and

6 older alleged to have committed an act after such ju7 venile’s thirteenth birthday which if committed by an

8 adult would be a serious violent felony (as defined

9 in section 3559(c)(2)(F)),’’ before ‘‘criminal pros10 ecution on’’; and

11 (4) in the fifth undesignated paragraph, by in12 serting at the end the following: ‘‘There shall be a

13 rebuttable presumption that transfer is in the inter14 est of justice for a juvenile who is alleged to have

15 committed an act after such juvenile’s fifteenth

16 birthday which if committed by an adult would be a

17 serious violent felony (as defined in section

18 3559(c)(2)(F)).’’.

19 SEC. 1004. INCREASED PENALTIES FOR RECIDIVISTS COM20 MITTING DRUG CRIMES INVOLVING MINORS.

21 (a) DRUG DISTRIBUTION TO MINOR BY RECIDI22 VIST.—Section 418(b) of the Controlled Substances Act

23 (21 U.S.C. 859(b)) is amended by striking ‘‘one year’’ and

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

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

4 inserting ‘‘3 years’’.

5 SEC. 1005. AMENDMENTS CONCERNING RECORDS OF

6 CRIMES COMMITTED BY JUVENILES.

7 (a) USE OF JUVENILE RECORDS.—Section 5038 of

8 title 18, United States Code, is amended—

9 (1) by striking subsections (d) and (f);

10 (2) by redesignating subsection (e) as sub11 section (d); and

12 (3) by adding at the end the following new sub13 sections:

14 ‘‘(e) When a juvenile has been found guilty of com15 mitting an act which if committed by an adult would be

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

17 of section 5032, the juvenile shall be fingerprinted and

18 photographed, and the fingerprints and photograph shall

19 be sent to the Federal Bureau of Investigation. The court

20 shall also transmit to the Federal Bureau of Investigation

21 the information concerning the adjudication, including

22 name, date of adjudication, court, offenses, and sentence,

23 and the notation that the matter was a juvenile adjudica24 tion. The fingerprints, photograph, and other records and

25 information relating to a juvenile described in this sub-
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1 section, or to a juvenile who is prosecuted as an adult,

2 shall be made available in the manner applicable to adult

3 defendants.

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

5 section for the reporting, retention, disclosure, or avail6 ability of records or information, if the law of the State

7 in which a Federal juvenile delinquency proceeding takes

8 place permits or requires the reporting, retention, disclo9 sure, or availability of records or information relating to

10 a juvenile or to a juvenile delinquency proceeding or adju11 dication in certain circumstances, then such reporting, re12 tention, disclosure, or availability is permitted under this

13 section in the same circumstances.’’.

14 (b) REPEAL OF SPECIAL PROBATION AND

15 EXPUNGEMENT PROCEDURES FOR DRUG OFFENDERS.—

16 (1) IN GENERAL.—Section 3607 of title 18,

17 United States Code, is repealed.

18 (2) TECHNICAL AMENDMENT.—The analysis for

19 chapter 229 of title 18, United States Code, is

20 amended by striking the item relating to section

21 3607.

22 (c) PENALTY FOR DISTRIBUTION OF SMALL AMOUNT

23 OF MARIHUANA.—Section 401(b)(4) of the Controlled

24 Substances Act (21 U.S.C. 841(b)(4)) is amended by

25 striking ‘‘and section 3607 of title 18’’.
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1 SEC. 1006. 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) OFFENSE.—A person who knowingly discharges

7 a firearm at a 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 not more than 25

12 years, and if death results shall be punished by death or

13 by imprisonment for any term of years or for life.

14 ‘‘(b) DEFINITION.—As used in this section, the term

15 ‘drug trafficking activity’ means a drug trafficking crime

16 (as defined in section 929(a)(2)), or a pattern or series

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

18 (b) TECHNICAL AMENDMENT.—The analysis for

19 chapter 44 of title 18, United States Code, is amended

20 by adding at the end the following new item:

‘‘931. Drive-by shootings.’’.

21 SEC. 1007. STEROIDS OFFENSE.

22 Section 404 of the Controlled Substance Act (21

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

24 the following:
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1 ‘‘(b)(1) Whoever, being a physical trainer or adviser

2 to an individual, endeavors to persuade or induce that in3 dividual to possess or use anabolic steroids in violation of

4 subsection (a), shall be fined under this title, imprisoned

5 not more than 2 years, or both. If such individual has not

6 attained the age of 18 years, the maximum term of impris7 onment shall be 5 years.

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

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

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

11 provides any athletic or physical instruction, training, ad12 vice, assistance, or other such service to any individual.’’.

13 SEC. 1008. DRUG TESTING OF FEDERAL OFFENDERS.

14 (a) CONDITIONS OF PROBATION.—Section 3563(a) of

15 title 18, United States Code, is amended—

16 (1) by redesignating paragraph (4), as added by

17 section 20414(b)(3) of the Violent Crime Control

18 and Law Enforcement Act of 1994, as paragraph

19 (5);

20 (2) in the undesignated matter following para21 graph (5), as so redesignated, by striking ‘‘(4)’’ each

22 place it appears and inserting ‘‘(5)’’; and

23 (3) by inserting ‘‘, hair, or blood’’ after

24 ‘‘urine’’.
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1 (b) CONDITIONS OF SUPERVISED RELEASE.—Section

2 3583(d) of title 18, United States Code, is amended by

3 inserting ‘‘, hair, or blood’’ after ‘‘urine’’.

4 (c) RESIDENTIAL SUBSTANCE ABUSE TREATMENT

5 FOR PRISONERS.—Section 1902(b) of the Omnibus Crime

6 Control and Safe Streets Act of 1968 (42 U.S.C. 3796ff–

7 1) is amended by striking ‘‘urinalysis or other proven reli8 able forms of testing of individuals’’ and inserting ‘‘speci9 men testing for drugs, including but not limited to urine,

10 hair, and blood testing of individuals’’.

11 TITLE XI—PUBLIC CORRUPTION

12 SEC. 1101. STRENGTHENING OF FEDERAL ANTI-CORRUP13 TION STATUTES GENERALLY.

14 (a) OFFENSES.—Chapter 11 of title 18, United

15 States Code, is amended by adding at the end the follow16 ing new section:

17 ‘‘§ 226. Public corruption

18 ‘‘(a) STATE AND LOCAL GOVERNMENT.—

19 ‘‘(1) HONEST SERVICES.—Whoever, in a cir20 cumstance described in paragraph (3), deprives or

21 defrauds, or endeavors to deprive or to defraud, by

22 any scheme or artifice, the inhabitants of a State or

23 political subdivision of a State of the honest services

24 of an official or employee of the State or political
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1 subdivision shall be fined under this title, imprisoned

2 not more than 10 years, or both.

3 ‘‘(2) FAIR AND IMPARTIAL ELECTIONS.—Who4 ever, in a circumstance described in paragraph (3),

5 deprives or defrauds, or endeavors to deprive or to

6 defraud, by any scheme or artifice, the inhabitants

7 of a State or political subdivision of a State of a fair

8 and impartially conducted election process in any

9 primary, runoff, special, or general election through

10 one or more of the following means, or otherwise—

11 ‘‘(A) through the procurement, casting, or

12 tabulation of ballots that are materially false,

13 fictitious, or fraudulent or that are invalid,

14 under the laws of the State in which the elec15 tion is held;

16 ‘‘(B) through paying or offering to pay any

17 person for voting;

18 ‘‘(C) through the procurement or submis19 sion of voter registrations that contain false

20 material information, or omit material informa21 tion; or

22 ‘‘(D) through the filing of any report re23 quired to be filed under State law regarding an

24 election campaign that contains false material

25 information or omits material information, shall
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1 be fined under this title, imprisoned not more

2 than 10 years, or both.

3 ‘‘(3) CIRCUMSTANCES IN WHICH OFFENSE OC4 CURS.—The circumstances referred to in paragraphs

5 (1) and (2) are that—

6 ‘‘(A) for the purpose of executing or con7 cealing a scheme or artifice described in para8 graph (1) or (2) or attempting to do so, a per9 son—

10 ‘‘(i) places in any post office or au11 thorized depository for mail matter any

12 matter or thing to be sent or delivered by

13 the Postal Service or deposits or causes to

14 be deposited any matter or thing whatever

15 to be sent or delivered by any private or

16 commercial interstate carrier, or takes or

17 receives therefrom any such matter or

18 thing, or knowingly causes to be delivered

19 by mail or such carrier according to the di20 rection thereon, or at the place at which it

21 is directed to be delivered by the person to

22 whom it is addressed, any such matter or

23 thing;

24 ‘‘(ii) transmits or causes to be trans25 mitted by means of wire, radio, or tele-
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1 vision communication in interstate or for2 eign commerce any writings, signs, signals,

3 pictures, or sounds;

4 ‘‘(iii) transports or causes to be trans5 ported any person or thing, or induces any

6 person to travel in or to be transported in,

7 interstate or foreign commerce; or

8 ‘‘(iv) uses or causes the use of any fa9 cility in interstate or foreign commerce;

10 ‘‘(B) the scheme or artifice affects or con11 stitutes an attempt to affect in any manner or

12 degree, or would if executed or concealed affect,

13 interstate or foreign commerce; or

14 ‘‘(C) in the case of an offense described in

15 paragraph (2), an objective of the scheme or ar16 tifice is to secure the election of an official who,

17 if elected, would have any authority over the

18 administration of funds derived from an Act of

19 Congress totaling $10,000 or more during the

20 12-month period immediately preceding or fol21 lowing the election or date of the offense.

22 ‘‘(b) FEDERAL GOVERNMENT.—Whoever deprives or

23 defrauds, or endeavors to deprive or to defraud, by any

24 scheme or artifice, the inhabitants of the United States

25 of the honest services of a public official or a person who
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1 has been selected to be a public official shall be fined

2 under this title, imprisoned not more than 10 years, or

3 both.

4 ‘‘(c) OFFENSE BY AN OFFICIAL AGAINST AN EM5 PLOYEE OR OFFICIAL.—

6 ‘‘(1) CRIMINAL OFFENSE.—Whoever, being an

7 official, public official, or person who has been se8 lected to be a public official, directly or indirectly

9 discharges, demotes, suspends, threatens, harasses,

10 or in any manner discriminates against an employee

11 or official of the United States or of a State or polit12 ical subdivision of a State, or endeavors to do so, in

13 order to carry out or to conceal a scheme or artifice

14 described in subsection (a) or (b), shall be fined

15 under this title, imprisoned not more than 5 years,

16 or both.

17 ‘‘(2) CIVIL ACTION.—(A) Any employee or offi18 cial of the United States or of a State or political

19 subdivision of a State who is discharged, demoted,

20 suspended, threatened, harassed, or in any manner

21 discriminated against because of lawful acts done by

22 the employee or official as a result of a violation of

23 this section or because of actions by the employee on

24 behalf of himself or herself or others in furtherance

25 of a prosecution under this section (including inves-
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1 tigation for, initiation of, testimony for, or assist2 ance in such a prosecution) may bring a civil action

3 and obtain all relief necessary to make the employee

4 or official whole, including—

5 ‘‘(i) reinstatement with the same seniority

6 status that the employee or official would have

7 had but for the violation;

8 ‘‘(ii) 3 times the amount of backpay;

9 ‘‘(iii) interest on the backpay; and

10 ‘‘(iv) compensation for any special dam11 ages sustained as a result of the violation, in12 cluding reasonable litigation costs and reason13 able attorney’s fees.

14 ‘‘(B) An employee or official shall not be af15 forded relief under subparagraph (A) if the employee

16 or official participated in the violation of this section

17 with respect to which relief is sought.

18 ‘‘(C)(i) A civil action or proceeding authorized

19 by this paragraph shall be stayed by a court upon

20 certification of an attorney for the Government that

21 prosecution of the action or proceeding may ad22 versely affect the interests of the Government in a

23 pending criminal investigation or proceeding.
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1 ‘‘(ii) The attorney for the Government shall

2 promptly notify the court when a stay may be lifted

3 without such adverse effects.

4 ‘‘(d) DEFINITIONS.—As used in this section—

5 ‘‘(1) the term ‘official’ includes—

6 ‘‘(A) any person employed by, exercising

7 any authority derived from, or holding any posi8 tion in the government of a State or any sub9 division of the executive, legislative, judicial, or

10 other branch of government thereof, including a

11 department, independent establishment, com12 mission, administration, authority, board, and

13 bureau, and a corporation or other legal entity

14 established and subject to control by a govern15 ment or governments for the execution of a gov16 ernmental or intergovernmental program;

17 ‘‘(B) any person acting or pretending to

18 act under color of official authority; and

19 ‘‘(C) any person who has been nominated,

20 appointed, or selected to be an official or who

21 has been officially informed that he or she will

22 be so nominated, appointed, or selected;

23 ‘‘(2) the term ‘person acting or pretending to

24 act under color of official authority’ includes a per25 son who represents that he or she controls, is an
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1 agent of, or otherwise acts on behalf of an official,

2 public official, or person who has been selected to be

3 a public official;

4 ‘‘(3) the terms ‘public official’ and ‘person who

5 has been selected to be a public official’ include any

6 person acting or pretending to act under color of of7 ficial authority; and

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

9 United States, the District of Columbia, Puerto

10 Rico, and any other commonwealth, territory, or

11 possession of the United States.’’.

12 (b) TECHNICAL AMENDMENTS.—(1) The analysis for

13 chapter 11 of title 18, United States Code, is amended

14 by adding at the end the following new item:

‘‘226. Public corruption.’’.

15 (2) Section 1961(1) of title 18, United States Code,

16 is amended by inserting ‘‘section 226 (relating to public

17 corruption),’’ after ‘‘section 224 (relating to sports brib18 ery),’’.

19 (3) Section 2516(1)(c) of title 18, United States

20 Code, is amended by inserting ‘‘section 226 (relating to

21 public corruption),’’ after ‘‘section 224 (bribery in sport22 ing contests),’’.

23 SEC. 1102. INTERSTATE COMMERCE.

24 (a) IN GENERAL.—Section 1343 of title 18, United

25 States Code, is amended—
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1 (1) by striking ‘‘transmits or causes to be

2 transmitted by means of wire, radio, or television

3 communication in interstate or foreign commerce,

4 any writings, signs, signals, pictures, or sounds’’ and

5 inserting ‘‘uses or causes to be used any facility in

6 interstate or foreign commerce’’; and

7 (2) by inserting ‘‘or attempting to do so’’ after

8 ‘‘for the purpose of executing such scheme or arti9 fice’’.

10 (b) TECHNICAL AMENDMENTS.—(1) The heading of

11 section 1343 of title 18, United States Code, is amended

12 to read as follows:

13 ‘‘§ 1343. Fraud by use of facility in interstate com14 merce’’.

15 (2) The chapter analysis for chapter 63 of title 18,

16 United States Code, is amended by amending the item re17 lating to section 1343 to read as follows:

‘‘1343. Fraud by use of facility in interstate commerce.’’.

18 SEC. 1103. NARCOTICS-RELATED PUBLIC CORRUPTION.

19 (a) OFFENSES.—Chapter 11 of title 18, United

20 States Code, is amended by inserting after section 219 the

21 following new section:

22 ‘‘§ 220. Narcotics and public corruption

23 ‘‘(a) OFFENSE BY PUBLIC OFFICIAL.—A public offi24 cial who, in a circumstance described in subsection (c),

25 directly or indirectly, corruptly demands, seeks, receives,
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1 accepts, or agrees to receive or accept anything of value

2 personally or for any other person in return for—

3 ‘‘(1) being influenced in the performance or

4 nonperformance of any official act; or

5 ‘‘(2) being influenced to commit or to aid in

6 committing, or to collude in or to allow or make op7 portunity for the commission of, any offense against

8 the United States or any State,

9 shall be guilty of a class B felony.

10 ‘‘(b) OFFENSE BY PERSON OTHER THAN A PUBLIC

11 OFFICIAL.—A person who, in a circumstance described in

12 subsection (c), directly or indirectly, corruptly gives, of13 fers, or promises anything of value to any public official,

14 or offers or promises any public official to give anything

15 of value to any other person, with intent—

16 ‘‘(1) to influence any official act;

17 ‘‘(2) to influence the public official to commit

18 or aid in committing, or to collude in, or to allow or

19 make opportunity for the commission of, any offense

20 against the United States or any State; or

21 ‘‘(3) to influence the public official to do or to

22 omit to do any act in violation of the official’s lawful

23 duty,

24 shall be guilty of a class B felony.
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1 ‘‘(c) CIRCUMSTANCES IN WHICH OFFENSE OC2 CURS.—The circumstances referred to in subsections (a)

3 and (b) are that the offense involves, is part of, or is in4 tended to further or to conceal the illegal possession, im5 portation, manufacture, transportation, or distribution of

6 any controlled substance or controlled substance analogue.

7 ‘‘(d) DEFINITIONS.—As used in this section—

8 ‘‘(1) the terms ‘controlled substance’ and ‘con9 trolled substance analogue’ have the meanings stated

10 in section 102 of the Controlled Substances Act (21

11 U.S.C. 802);

12 ‘‘(2) the term ‘official act’ means any decision,

13 action, or conduct regarding any question, matter,

14 proceeding, cause, suit, investigation, or prosecution

15 that may at any time be pending, or that may be

16 brought before any public official, in such official’s

17 official capacity, or in such official’s place of trust

18 or profit;

19 ‘‘(3) the term ‘public official’ means—

20 ‘‘(A) an officer or employee or person act21 ing for or on behalf of the United States, or

22 any department, agency, or branch of Govern23 ment thereof in any official function, under or

24 by authority of any such department, agency, or

25 branch of Government;
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1 ‘‘(B) a juror;

2 ‘‘(C) an officer or employee or person act3 ing for or on behalf of the government of any

4 State, or any political subdivision thereof, in

5 any official function, under or by the authority

6 of any such State or political subdivision; and

7 ‘‘(D) any person who has been nominated

8 or appointed to a position described in subpara9 graph (A), (B), or (C), or has been officially in10 formed that he or she will be so nominated or

11 appointed; and

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

13 United States, the District of Columbia, and any

14 commonwealth, territory, or possession of the United

15 States.’’.

16 (b) TECHNICAL AMENDMENTS.—(1) Section 1961(1)

17 of title 18, United States Code, is amended by inserting

18 ‘‘section 220 (relating to narcotics and public corrup19 tion),’’ after ‘‘section 201 (relating to bribery),’’.

20 (2) Section 2516(1)(c) of title 18, United States

21 Code, is amended by inserting ‘‘section 220 (relating to

22 narcotics and public corruption),’’ after ‘‘section 201

23 (bribery of public officials and witnesses),’’.
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1 (3) The chapter analysis for chapter 11 of title 18,

2 United States Code, is amended by inserting after the

3 item for section 219 the following new item:

‘‘220. Narcotics and public corruption.’’.

4 TITLE XII—ADMINISTRATIVE

5 SUBPOENA

6 SEC. 1201. AUTHORIZATION FOR UNITED STATES SECRET

7 SERVICE TO ISSUE AND SERVE ADMINISTRA8 TIVE SUMMONSES.

9 (a) IN GENERAL.—Chapter 203 of title 18, United

10 States Code, is amended by inserting immediately after

11 3056 the following new section:

12 ‘‘§ 3056A. Administrative summons authority of

13 United States Secret Service

14 ‘‘(a) AUTHORITY.—Pursuant to regulations promul15 gated by the Secretary of the Treasury in consultation

16 with the Director of the United States Secret Service, the

17 Director and supervisory-level Special Agents of the

18 United States Secret Service designated by the Director

19 may issue in writing and cause to be served a summons

20 requiring the production of books, records, papers, docu21 ments, or other tangible things or objects.

22 ‘‘(b) GROUNDS FOR ISSUANCE.—The issuance of a

23 summons under this section shall be based on a deter24 mination by the Director or other designated supervisory25 level Special Agent, that the person or entity served may
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1 possess, or have care, custody, or control of, any books,

2 records, papers, documents, or other tangible things or ob3 jects, in any form, relevant to a protective intelligence in4 vestigation being conducted by the United States Secret

5 Service under section 871, 879, or 3056 of this title that

6 involves endangerment to the life or physical safety of any

7 person.

8 ‘‘(c) FORM.—A summons issued under this section

9 shall—

10 ‘‘(1) describe the material to be produced with

11 reasonable clarity to enable the material to be identi12 fied; and

13 ‘‘(2) designate a place and time for the produc14 tion of such material, including a return date that

15 provides a reasonable period of time within which

16 the material can be assembled and made available.

17 ‘‘(d) SERVICE.—A summons issued under this section

18 may be served by any agent designated in the summons

19 to make such service. The affidavit of the person serving

20 the summons shall be proof of service. A summons issued

21 under this section may be served upon a natural person

22 by personal delivery of the summons. Service may be made

23 upon a domestic or foreign corporation or upon a partner24 ship or other unincorporated association by delivering the

25 summons personally or by certified or registered mail to
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1 an officer, to a managing or general agent or to any other

2 agent authorized by appointment, or by the law of any

3 State or jurisdiction to receive service of process.

4 ‘‘(e) PLACE OF SERVICE.—A summons issued under

5 this section may be served at any place within the United

6 States or at any place subject to the laws or the jurisdic7 tion of the United States.

8 ‘‘(f) PROHIBITION OF DISCLOSURE.—(1) Notwith9 standing any other provision of Federal, State, or local

10 law, a United States District Court judge for the district

11 in which an investigation is pending may, upon application

12 of the United States without notice to a summons recipi13 ent, issue an ex parte order prohibiting any person served

14 with a summons issued under this section, or the rep15 resentative of such person, from disclosing to any other

16 person the existence of such summons, for a prescribed

17 period of not more than 180 days. Such order may be is18 sued upon a showing that the materials being sought may

19 be relevant to a legitimate law enforcement or protective

20 intelligence inquiry and that there is reason to believe that

21 such disclosure may result in endangerment to the life or

22 physical safety of any person. The period of nondisclosure

23 may be renewed for additional periods of up to 180 days.

24 ‘‘(2) Whoever knowingly and willfully discloses or at25 tempts to disclose the existence of a summons in violation
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1 of this subsection shall be subject to imprisonment up to

2 5 years or fined as provided under section 3571 of this

3 title, or both.

4 ‘‘(3) Nothing in this subsection shall prohibit any

5 person from disclosing the service of a summons issued

6 pursuant to this section to any attorney for purposes of

7 filing a petition under subsection (g)(2).

8 ‘‘(4) Any third-party recordkeeper, agent, or em9 ployee thereof, who, in good faith reliance on an order of

10 nondisclosure, produces any materials and does not dis11 close such production to the subject of the records shall

12 not be liable to any customer or other person for such

13 nondisclosure.

14 ‘‘(g) ENFORCEMENT.—(1) In the case of contumacy,

15 neglect, or refusal to obey a summons issued and served

16 under this section, the Attorney General or a designee of

17 the Attorney General, on behalf of the Director of the

18 United States Secret Service or a designee of the Director,

19 may invoke the aid of any court of the United States with20 in which the investigation is pending, the summons was

21 served, or the summoned person carries on business or

22 may be found, to compel compliance with the summons.

23 Process in any such case may be served in any judicial

24 district in which such person may be found.
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1 ‘‘(2) Not later than 10 days after the service of a

2 summons upon a person, or at any time before the return

3 date specified in the summons, whichever period is earlier,

4 a person served may file, in the District Court of the

5 United States for the judicial district in which the inves6 tigation is pending, a petition for an order modifying or

7 setting aside a summons issued pursuant to subsection (a)

8 or a prohibition of disclosure order obtained under sub9 section (f). An order of nondisclosure obtained under sub10 section (f) shall not be grounds for a petition to modify

11 or set aside the summons. The time allowed for initiation

12 of formal criminal proceedings under any applicable stat13 ute of limitations shall be tolled while the petition is pend14 ing in court or on appeal.

15 ‘‘(3) The District Courts of the United States have

16 jurisdiction to hear and determine the matters arising

17 under this section, and to enter such orders as are nec18 essary to effectuate this section. Failure to obey an order

19 entered by the district court may be punished as a con20 tempt thereof. Any petition filed or order entered relating

21 to a summons issued and served with an order of

22 nondisclosure shall be made under seal.’’.

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

24 for chapter 203 of title 18, United States Code, is amend-
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1 ed by inserting after the item relating to section 3056 the

2 following:

‘‘3056A. Administrative summons authority of United States Secret Service.’’.

3 TITLE XIII—COMPUTER CRIMES

4 SEC. 1301. PROTECTION OF CLASSIFIED GOVERNMENT IN5 FORMATION.

6 Section 1030(a)(1) of title 18, United States Code,

7 is amended—

8 (1) by striking ‘‘knowingly accesses’’ and insert9 ing ‘‘having knowingly accessed’’;

10 (2) by striking ‘‘exceeds’’ and inserting ‘‘ex11 ceeding’’;

12 (3) by striking ‘‘obtains information’’ and in13 serting ‘‘having obtained information’’;

14 (4) by striking ‘‘the intent or’’;

15 (5) by striking ‘‘is to be used’’ and inserting

16 ‘‘could be used’’; and

17 (6) by inserting before the semicolon at the end

18 the following: ‘‘willfully communicates, delivers,

19 transmits, or causes to be communicated, delivered,

20 or transmitted, or attempts to communicate, deliver,

21 transmit or cause to be communicated, delivered, or

22 transmitted the same to any person not entitled to

23 receive it, or willfully retains the same and fails to

24 deliver it to the officer or employee of the United

25 States entitled to receive it’’.
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1 SEC. 1302. PROTECTION OF FINANCIAL, GOVERNMENT, AND

2 OTHER COMPUTER INFORMATION.

3 Section 1030(a)(2) of title 18, United States Code,

4 is amended—

5 (1) by striking ‘‘obtains information’’ and in6 serting ‘‘obtains—

7 ‘‘(A) information’’; and

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

9 ‘‘(B) information from any department or

10 agency of the United States; or

11 ‘‘(C) information from any protected com12 puter if the conduct involved an interstate or

13 foreign communication;’’.

14 SEC. 1303. PROTECTION FOR GOVERNMENT COMPUTER

15 SYSTEMS.

16 Section 1030(a)(3) of title 18, United States Code,

17 is amended—

18 (1) by striking ‘‘the use of the Government’s

19 operation of such computer’’ and inserting ‘‘that use

20 by or for the Government of the United States’’; and

21 (2) by striking ‘‘adversely’’.

22 SEC. 1304. INCREASED PENALTIES FOR SIGNIFICANT UNAU23 THORIZED USE OF A COMPUTER SYSTEM.

24 Section 1030(a)(4) of title 18, United States Code,

25 is amended—
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1 (1) by striking ‘‘Federal interest’’ and inserting

2 ‘‘protected’’; and

3 (2) by inserting before the semicolon the follow4 ing: ‘‘and the value of such use is not more than

5 $5,000 in any 1-year period’’.

6 SEC. 1305. PROTECTION FROM DAMAGE TO COMPUTER SYS7 TEMS.

8 Section 1030(a)(5) of title 18, United States Code,

9 is amended to read as follows:

10 ‘‘(5)(A) knowingly causes the transmission of a

11 program, information, code, or command, and as a

12 result of such conduct, intentionally causes damage

13 without authorization, to a protected computer;

14 ‘‘(B) intentionally accesses a protected com15 puter without authorization, and as a result of such

16 conduct, recklessly causes damage; or

17 ‘‘(C) intentionally accesses a protected com18 puter without authorization, and as a result of such

19 conduct, causes damage;’’.

20 SEC. 1306. PROTECTION FROM THREATS DIRECTED

21 AGAINST COMPUTER SYSTEMS.

22 Section 1030(a) of title 18, United States Code, is

23 amended by inserting after paragraph (6) the following

24 new paragraph:
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1 ‘‘(7) with intent to extort from any person,

2 firm, association, educational institution, financial

3 institution, government entity, or other legal entity,

4 any money or other thing of value, transmits in

5 interstate or foreign commerce any communication

6 containing any threat to cause damage to a pro7 tected computer;’’.

8 SEC. 1307. INCREASED PENALTIES FOR RECIDIVISTS AND

9 OTHER SENTENCING CHANGES.

10 Section 1030 of title 18, United States Code, is

11 amended—

12 (1) in subsection (c)—

13 (A) in paragraph (1), by striking ‘‘such

14 subsection’’ each place it appears and inserting

15 ‘‘this section’’;

16 (B) in paragraph (2)—

17 (i) in subparagraph (A)—

18 (I) by inserting ‘‘, (a)(5)(C),’’

19 after ‘‘(a)(3)’’; and

20 (II) by striking ‘‘such sub21 section’’ and inserting ‘‘this section’’;

22 (ii) by redesignating subparagraph

23 (B) as subparagraph (C);

24 (iii) by inserting immediately after

25 subparagraph (A) the following:
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1 ‘‘(B) a fine under this title, imprisonment

2 for not more than 5 years, or both, in the case

3 of an offense under subsection (a)(2), if—

4 ‘‘(i) the offense was committed for

5 purposes of commercial advantage or pri6 vate financial gain;

7 ‘‘(ii) the offense was committed in

8 furtherance of any criminal or tortious act

9 in violation of the Constitution or laws of

10 the United States or of any State; or

11 ‘‘(iii) the value of the information ob12 tained exceeds $5,000;’’; and

13 (iv) in subparagraph (C) (as redesig14 nated), by striking ‘‘such subsection’’ and

15 inserting ‘‘this section’’;

16 (C) in paragraph (3)—

17 (i) in subparagraph (A)—

18 (I) by striking ‘‘(a)(4) or

19 (a)(5)(A)’’ and inserting ‘‘(a)(4),

20 (a)(5)(A), (a)(5)(B), or (a)(7)’’; and

21 (II) by striking ‘‘such sub22 section’’ and inserting ‘‘this section’’;

23 and

24 (ii) in subparagraph (B)—
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1 (I) by striking ‘‘(a)(4) or (a)(5)’’

2 and inserting ‘‘(a)(4), (a)(5)(A),

3 (a)(5)(B), (a)(5)(C), or (a)(7)’’; and

4 (II) by striking ‘‘such sub5 section’’ and inserting ‘‘this section’’;

6 and

7 (D) by striking paragraph (4);

8 (2) in subsection (d), by inserting ‘‘subsections

9 (a)(2)(A), (a)(2)(B), (a)(3), (a)(4), (a)(5), and

10 (a)(6) of’’ before ‘‘this section.’’; and

11 (3) in subsection (e)—

12 (A) in paragraph (2)—

13 (i) by striking ‘‘Federal interest’’ and

14 inserting ‘‘protected’’;

15 (ii) in subparagraph (A), by striking

16 ‘‘the use of the financial institution’s oper17 ation or the Government’s operation of

18 such computer’’ and inserting ‘‘that use by

19 or for the financial institution or the Gov20 ernment’’; and

21 (iii) by amending subparagraph (B) to

22 read as follows:

23 ‘‘(B) which is used in interstate or foreign

24 commerce or communication;’’;
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1 (B) in paragraph (6), by striking ‘‘and’’

2 the last place it appears;

3 (C) by striking the period at the end of

4 paragraph (7) and inserting ‘‘; and’’; and

5 (D) by adding at the end the following new

6 paragraphs:

7 ‘‘(8) the term ‘damage’ means any impairment

8 to the integrity or availability of data, a program, a

9 system, or information, that—

10 ‘‘(A) causes loss aggregating at least

11 $5,000 in value during any 1-year period to one

12 or more individuals;

13 ‘‘(B) modifies or impairs, or potentially

14 modifies or impairs, the medical examination,

15 diagnosis, treatment, or care of one or more in16 dividuals;

17 ‘‘(C) causes physical injury to any person;

18 or

19 ‘‘(D) threatens public health or safety; and

20 ‘‘(9) the term ‘government entity’ includes the

21 Government of the United States, any State or polit22 ical subdivision of the United States, any foreign

23 country, and any state, province, municipality, or

24 other political subdivision of a foreign country.’’.
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1 SEC. 1308. CIVIL ACTIONS.

2 Section 1030(g) of title 18, United States Code, is

3 amended—

4 (1) by striking ‘‘, other than a violation of sub5 section (a)(5)(B),’’; and

6 (2) by striking ‘‘of any subsection other than

7 subsection (a)(5)(A)(ii)(II)(bb) or

8 (a)(5)(B)(ii)(II)(bb)’’ and inserting ‘‘involving dam9 age (as defined in subsection (e)(8)(A))’’.

10 SEC. 1309. MANDATORY REPORTING.

11 Section 1030 of title 18, United States Code, is

12 amended by striking subsection (h).

13 SEC. 1310. SENTENCING FOR FRAUD AND RELATED ACTIV14 ITY IN CONNECTION WITH COMPUTERS.

15 (a) STUDY.—Not later than 60 days after the date

16 of enactment of this Act, the United States Sentencing

17 Commission shall review existing sentencing guideline lev18 els applicable to paragraphs (2), (3), (4), (5), and (6) of

19 section 1030(a) of title 18, United States Code, to deter20 mine the deterrent effect of such sentencing policies.

21 (b) AMENDMENTS.—Pursuant to its authority under

22 section 994(p) of title 28, United States Code, the United

23 States Sentencing Commission shall amend the Federal

24 Sentencing Guidelines to ensure that individuals convicted

25 under paragraphs (2), (3), (4), (5), and (6) of section
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1 1030(a) of title 18, United States Code, are incarcerated

2 for not less than 1 year.

3 SEC. 1311. ASSET FORFEITURE FOR FRAUD AND RELATED

4 ACTIVITY IN CONNECTION WITH COMPUT5 ERS.

6 Paragraphs (2), (3), and (4) of section 1030(c) of

7 title 18, United States Code, are amended by inserting

8 before the semicolon in each the following: ‘‘, and the for9 feiture of any property, real or personal, used or intended

10 to be used to commit or promote the commission of such

11 offense’’.

12 TITLE XIV—COMPUTER

13 SOFTWARE PIRACY

14 SEC. 1401. AMENDMENT OF TITLE 17.

15 Section 506(a) of title 17, United States Code, is

16 amended to read as follows:

17 ‘‘(a) CRIMINAL INFRINGEMENT.—Any person who

18 willfully infringes a copyright—

19 ‘‘(1) for purposes of commercial advantage or

20 private financial gain; or

21 ‘‘(2) by the malicious reproduction, distribution,

22 or transmission, or assisting others in such repro23 duction, distribution, or transmission, of one or

24 more copies of one or more copyrighted works with

25 a total market value of $5,000 or more,
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1 shall be punished as provided in section 2319 of title 18.’’.

2 SEC. 1402. AMENDMENT OF TITLE 18.

3 Section 2319 of title 18, United States Code, is

4 amended—

5 (1) in subsection (b)(1), by striking ‘‘, during

6 any 180-day period, of at least 10 copies or

7 phonorecords, or 1 or more copyrighted works, with

8 a retail value of more than $2,500’’ and inserting ‘‘,

9 of at least 10 copies or phonorecords are made, or

10 1 or more copyrighted works, with a retail value of

11 not less than $5,000’’;

12 (2) by redesignating subsection (c) as sub13 section (d); and

14 (3) by inserting after subsection (b) the follow15 ing new subsection:

16 ‘‘(c) The court, in imposing a sentence on a person

17 convicted of an offense described in subsection (b), shall

18 order that the person forfeit to the United States any

19 property used or intended to be used to commit or promote

20 the commission of such offense.’’.

21 TITLE XV—INTERNET GAMBLING

22 SEC. 1501. AMENDMENT OF TITLE 18 WITH RESPECT TO

23 TRANSMISSION OF WAGERING INFORMATION.

24 Section 1084 of title 18, United States Code, is

25 amended—
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1 (1) in subsection (a)—

2 (A) by striking ‘‘(a) Whoever’’ and insert3 ing ‘‘(a)(1) Whoever’’;

4 (B) by striking ‘‘wire communication’’ each

5 place it appears and inserting ‘‘wire or elec6 tronic communication’’;

7 (C) by striking ‘‘on any sporting event or

8 contest’’; and

9 (D) by adding at the end the following new

10 paragraph:

11 ‘‘(2) Whoever being engaged in betting or wagering

12 knowingly uses a wire or electronic communication facility

13 for the transmission in interstate or foreign commerce of

14 bets or wagers or information assisting in the placing of

15 bets or wagers, or for the transmission of a wire or elec16 tronic communication which entitles the recipient to re17 ceive money or credit as a result of bets or wagers, or

18 for information assisting in the placing of bets or wagers,

19 shall be fined not more than $5,000 or imprisoned not

20 more than 1 year, or both.’’;

21 (2) by redesignating subsection (e) as sub22 section (f); and

23 (3) by inserting after subsection (d) the follow24 ing new subsection:
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1 ‘‘(e)(1) Notwithstanding any provision of Federal or

2 State law, in imposing sentence on a defendant for a con3 viction of a violation of this section, the court shall order

4 that the defendant forfeit to the United States any prop5 erty, real or personal (including hardware and software),

6 involved in the offense, and any property traceable to

7 gross profits or other proceeds obtained from the offense.

8 ‘‘(2) Proceeds from property forfeited under para9 graph (1) shall be deposited in an account of the Depart10 ment of Justice.’’.

11 SEC. 1502. SENTENCING GUIDELINES.

12 Not later than 120 days after the date of enactment

13 of this Act, the United States Sentencing Commission

14 shall—

15 (1) review the deterrent effect of existing guide16 lines applicable to section 1084 of title 18, United

17 States Code, and report to Congress on the results

18 of the review; and

19 (2) promulgate new guidelines or amend exist20 ing guidelines to ensure that individuals convicted

21 under such section are imprisoned for not less than

22 1 year.
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1 SEC. 1503. REPORT.

2 Not later than 120 days after the date of enactment

3 of this Act, the Attorney General shall submit a report

4 to Congress that includes—

5 (1) an analysis of the problems associated with

6 enforcing section 1084 of title 18, United States

7 Code;

8 (2) recommendations for the best use of the re9 sources of the Department of Justice to enforce such

10 section;

11 (3) recommendations for the best use of the re12 sources of the Federal Communications Commission

13 to enforce such section; and

14 (4) an estimate of the amount of activity and

15 money being used to gamble on the Internet.

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