II

104TH CONGRESS

1ST SESSION S. 3

To control crime, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 4, 1995

Mr. DOLE (for himself, Mr. HATCH, Mr. THURMOND, Mr. SIMPSON, Mr.

GRAMM, Mr. SANTORUM, Mr. ABRAHAM, Mr. DEWINE, and Mr. KYL) 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 ‘‘Violent Crime Control and Law Enforcement Improve6 ment Act of 1995’’.

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

8 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—INCARCERATION OF VIOLENT CRIMINALS

Sec. 101. Prison grants.

Sec. 102. Repeal.
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Sec. 103. Civil rights of institutionalized persons.

Sec. 104. Report on prison work progress.

Sec. 105. Drug treatment for prisoners.

TITLE II—STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

Sec. 201. Block grant program.

TITLE III—FEDERAL EMERGENCY LAW ENFORCEMENT

ASSISTANCE ACT

Sec. 301. Federal judiciary and Federal law enforcement.

Sec. 302. Drug Enforcement Administration.

TITLE IV—CRIMINAL PENALTIES.

Sec. 401. Serious juvenile drug offenses as armed career criminal act predicates.

Sec. 402. Prosecution of juveniles as adults.

Sec. 403. Availability of fines and supervised release for juvenile offenders.

Sec. 404. Amendments concerning juvenile records.

Sec. 405. Mandatory minimum prison sentences for persons who use minors in

drug trafficking activities or sell drugs to minors.

Sec. 406. Mandatory minimum sentencing reform.

Sec. 407. Increased mandatory minimum sentences for criminals using firearms.

Sec. 408. Penalties for arson.

Sec. 409. Interstate travel or use of mails or a facility in interstate commerce

to further kidnapping.

TITLE V—FEDERAL CRIMINAL PROCEDURE REFORM

Sec. 501. Obstruction of justice.

Sec. 502. Conduct of Federal prosecutors.

Sec. 503. Fairness in jury selection.

Sec. 504. Balance in the composition of rules committees.

Sec. 505. Reimbursement of reasonable attorneys’ fees.

Sec. 506. Mandatory restitution to victims of violent crimes.

Sec. 507. Admissibility of certain evidence.

Sec. 508. General habeas corpus reform.

Sec. 509. Technical amendment.

Sec. 510. Death penalty litigation procedures.

TITLE VI—PREVENTION OF TERRORISM

Sec. 601. Willful violation of Federal Aviation Administration regulations.

Sec. 602. Assaults, murders, and threats against former Federal officials in

performance of official duties.

Sec. 603. Wiretap authority for alien smuggling and related offenses and inclusion of alien smuggling as a RICO predicate.

Sec. 604. Authorization for interceptions of communications in certain terrorism-related offenses.

Sec. 605. Participation of foreign and State government personnel in interceptions of communications.

Sec. 606. Disclosure of intercepted communications to foreign law enforcement

agencies.

Sec. 607. Alien terrorist removal.
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Sec. 608. Territorial sea.

Sec. 609. Clarification and extension of criminal jurisdiction over certain terrorism offenses overseas.

Sec. 610. Federal Aviation Administration reporting responsibility.

Sec. 611. Information transfer.

Sec. 612. Extradition.

Sec. 613. Federal Bureau of Investigation report.

Sec. 614. Increased penalties for terrorism crimes.

Sec. 615. Criminal offenses committed outside the United States by persons accompanying the armed forces.

TITLE VII—MISCELLANEOUS AND TECHNICAL PROVISIONS

Subtitle A—Elimination of Certain Programs

Sec. 701. Elimination of certain programs.

Subtitle B—Amendments Relating to Violent Crime Control

Sec. 711. Violent crime and drug emergency areas repeal.

Sec. 712. Expansion of 18 U.S.C. 1959 to cover commission of all violent

crimes in aid of racketeering activity and increased penalties.

Sec. 713. Authority to investigate serial killings.

Sec. 714. Firearms and explosives conspiracy.

Sec. 715. Increased penalties for violence in the course of riot offenses.

Sec. 716. Pretrial detention for possession of firearms or explosives by convicted felons.

Sec. 717. Elimination of unjustified scienter element for carjacking.

Sec. 718. Theft of vessels.

Sec. 719. Clarification of agreement requirement for RICO conspiracy.

Sec. 720. Addition of attempt coverage for interstate domestic violence offense.

Sec. 721. Addition of foreign murder as a money laundering predicate.

Sec. 722. Assaults or other crimes of violence for hire.

Sec. 723. Threatening to use a weapon of mass destruction.

Sec. 724. Technical amendments.

Subtitle C—Amendments Relating to Courts and Sentencing

Sec. 731. Allowing a reduction of sentence for providing useful investigative information although not regarding a particular individual.

Sec. 732. Appeals from certain dismissals.

Sec. 733. Elimination of outmoded certification requirement from the government appeal statute.

Sec. 734. Clarification of meaning of official detention for purposes of credit for

prior custody.

Sec. 735. Limitation on reduction of sentence for substantial assistance of defendant.

Sec. 736. Improvement of hate crimes sentencing procedure.

Sec. 737. Clarification of length of supervised release terms in controlled substance cases.

Sec. 738. Authority of court to impose a sentence of probation or supervised

release when reducing a sentence of imprisonment in certain

cases.

Sec. 739. Extension of parole commission to deal with ‘‘old law’’ prisoners.

Sec. 740. Conforming amendments relating to supervised release.

Sec. 741. Repeal of outmoded provisions barring Federal prosecution of certain

offenses.
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Subtitle D—Miscellaneous Amendments

Sec. 751. Conforming addition to obstruction of civil investigative demand statute.

Sec. 752. Addition of attempted theft and counterfeiting offenses to eliminate

gaps and inconsistencies in coverage.

Sec. 753. Clarification of scienter requirement for receiving property stolen

from an Indian tribal organization.

Sec. 754. Larceny involving post office boxes and postal stamp vending machines.

Sec. 755. Conforming amendment to law punishing obstruction of justice by

notification of existence of a subpoena for records in certain

types of investigations.

Sec. 756. Closing loophole in offense of altering or removing motor vehicle identification numbers.

Sec. 757. Application of various offenses to possessions and territories.

Sec. 758. Adjusting and making uniform the dollar amounts used in title 18

to distinguish between grades of offenses.

Sec. 759. Conforming amendment concerning marijuana plants.

Sec. 760. Access to certain records.

Sec. 761. Clarification of inapplicability of 18 U.S.C. 2515 to certain disclosures.

Sec. 762. Clarifying or conforming amendments arising from the enactment of

Public Law 103–322.

Sec. 763. Technical amendments

Sec. 764. Severability.

1 TITLE I—INCARCERATION OF

2 VIOLENT CRIMINALS

3 SEC. 101. PRISON GRANTS.

4 Subtitle A of title II of the Violent Crime Control

5 and Law Enforcement Act of 1994 and the amendments

6 made thereby are amended to read as follows:

7 ‘‘Subtitle A—Violent Offender In8 carceration and Truth in Sen9 tencing Incentive Grants

10 ‘‘SEC. 20101. GRANTS FOR CORRECTIONAL FACILITIES.

11 ‘‘(a) GRANT AUTHORIZATION.—The Attorney Gen12 eral may make grants to individual States and to States

13 organized as multi-State compacts to construct, develop,
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1 expand, modify, operate, or improve conventional correc2 tional facilities, including prisons and jails, for the con3 finement of violent offenders, to ensure that prison cell

4 space is available for the confinement of violent offenders

5 and to implement truth in sentencing laws for sentencing

6 violent offenders.

7 ‘‘(b) ELIGIBILITY.—To be eligible to receive a grant

8 under this subtitle, a State or States organized as multi9 State compacts shall submit an application to the Attorney

10 General that includes—

11 ‘‘(1)(A) except as provided in subparagraph

12 (B), assurances that the State or States, have imple13 mented, or will implement, correctional policies and

14 programs, including truth in sentencing laws that

15 ensure that violent offenders serve a substantial por16 tion of the sentences imposed, that are designed to

17 provide sufficiently severe punishment for violent of18 fenders, including violent juvenile offenders, and

19 that the prison time served is appropriately related

20 to the determination that the inmate is a violent of21 fender and for a period of time deemed necessary to

22 protect the public;

23 ‘‘(B) in the case of a State that on the date of

24 enactment of the Violent Crime Control and Law

25 Enforcement Improvement Act of 1995 practices
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1 indeterminant sentencing, a demonstration that av2 erage times served for the offenses of murder, rape,

3 robbery, and assault in the State exceed by at least

4 10 percent the national average of time served for

5 such offenses in all of the States;

6 ‘‘(2) assurances that the State or States have

7 implemented policies that provide for the recognition

8 of the rights and needs of crime victims;

9 ‘‘(3) assurances that funds received under this

10 section will be used to construct, develop, expand,

11 modify, operate, or improve conventional correctional

12 facilities;

13 ‘‘(4) assurances that the State or States have

14 involved counties and other units of local govern15 ment, when appropriate, in the construction, devel16 opment, expansion, modification, operation, or im17 provement of correctional facilities designed to en18 sure the incarceration of violent offenders, and that

19 the State or States will share funds received under

20 this section with counties and other units of local

21 government, taking into account the burden placed

22 on the units of local government when they are re23 quired to confine sentenced prisoners because of

24 overcrowding in State prison facilities;
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1 ‘‘(5) assurances that funds received under this

2 section will be used to supplement, not supplant,

3 other Federal, State, and local funds;

4 ‘‘(6) assurances that the State or States have

5 implemented, or will implement not later than 18

6 months after the date of enactment of the Violent

7 Crime Control and Law Enforcement Improvement

8 Act of 1995, policies to determine the veteran status

9 of inmates and to ensure that incarcerated veterans

10 receive the veterans benefits to which they are enti11 tled; and

12 ‘‘(7) if applicable, documentation of the multi13 State compact agreement that specifies the construc14 tion, development, expansion, modification, oper15 ation, or improvement of correctional facilities.

16 ‘‘SEC. 20102. TRUTH IN SENTENCING INCENTIVE GRANTS.

17 ‘‘(a) TRUTH IN SENTENCING GRANT PROGRAM.—

18 Fifty percent of the total amount of funds appropriated

19 to carry out this subtitle for each of fiscal years 1996,

20 1997, 1998, 1999, and 2000 shall be made available for

21 truth in sentencing incentive grants. To be eligible to re22 ceive such a grant, a State must meet the requirements

23 of section 20101(b) and shall demonstrate that the

24 State—
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1 ‘‘(1) has in effect laws that require that persons

2 convicted of violent crimes serve not less than 85

3 percent of the sentence imposed;

4 ‘‘(2) since 1993—

5 ‘‘(A) has increased the percentage of con6 victed violent offenders sentenced to prison;

7 ‘‘(B) has increased the average prison time

8 that will be served in prison by convicted violent

9 offenders sentenced to prison; and

10 ‘‘(C) has in effect at the time of applica11 tion laws requiring that a person who is con12 victed of a violent crime shall serve not less

13 than 85 percent of the sentence imposed if—

14 ‘‘(i) the person has been convicted on

15 1 or more prior occasions in a court of the

16 United States or of a State of a violent

17 crime or a serious drug offense; and

18 ‘‘(ii) each violent crime or serious

19 drug offense was committed after the de20 fendant’s conviction of the preceding vio21 lent crime or serious drug offense; or

22 ‘‘(3) in the case of a State that on the date of

23 enactment of the Violent Crime Control and Law

24 Enforcement Improvement Act of 1995 practices

25 indeterminant sentencing, a demonstration that av-
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1 erage times served for the offenses of murder, rape,

2 robbery, and assault in the State exceed by at least

3 10 percent the national average of time served for

4 such offenses in all of the States.

5 ‘‘(b) ALLOCATION OF TRUTH IN SENTENCING IN6 CENTIVE FUNDS.—The amount available to carry out this

7 section for any fiscal year shall be allocated to each eligible

8 State in the ratio that the number of part 1 violent crimes

9 reported by such State to the Federal Bureau of Investiga10 tion for the previous year bears to the number of part

11 1 violent crimes reported by all States to the Federal Bu12 reau of Investigation for the previous year.

13 ‘‘SEC. 20103. VIOLENT OFFENDER INCARCERATION GRANTS.

14 ‘‘(a) VIOLENT OFFENDER INCARCERATION GRANT

15 PROGRAM.—Fifty percent of the total amount of funds ap16 propriated to carry out this subtitle for each of fiscal years

17 1996, 1997, 1998, 1999, and 2000 shall be made available

18 for violent offender incarceration grants. To be eligible to

19 receive such a grant, a State or States must meet the re20 quirements of section 20101(b).

21 ‘‘(b) ALLOCATION OF VIOLENT OFFENDER INCAR22 CERATION FUNDS.—Funds made available to carry out

23 this section shall be allocated as follows:

24 ‘‘(1) 0.6 percent shall be allocated to each eligi25 ble State, except that the United States Virgin Is-
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1 lands, American Samoa, Guam, and the Northern

2 Mariana Islands each shall be allocated 0.05 per3 cent.

4 ‘‘(2) The amount remaining after application of

5 paragraph (1) shall be allocated to each eligible

6 State in the ratio that the number of part 1 violent

7 crimes reported by such State to the Federal Bureau

8 of Investigation for the previous year bears to the

9 number of part 1 violent crimes reported by all

10 States to the Federal Bureau of Investigation for

11 the previous year.

12 ‘‘SEC. 20104. RULES AND REGULATIONS.

13 ‘‘(a) IN GENERAL.—Not later than 90 days after the

14 date of enactment of the Violent Crime Control and Law

15 Enforcement Improvement Act of 1995, the Attorney Gen16 eral shall issue rules and regulations regarding the uses

17 of grant funds received under this subtitle.

18 ‘‘(b) BEST AVAILABLE DATA.—If data regarding

19 part 1 violent crimes in any State for the previous year

20 is unavailable or substantially inaccurate, the Attorney

21 General shall utilize the best available comparable data re22 garding the number of violent crimes for the previous year

23 for the State for the purposes of allocation of funds under

24 this subtitle.
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1 ‘‘SEC. 20105. DEFINITIONS.

2 ‘‘In this subtitle—

3 ‘‘(1) the term ‘part 1 violent crimes’ means

4 murder and non-negligent manslaughter, forcible

5 rape, robbery, and aggravated assault as reported to

6 the Federal Bureau of Investigation for purposes of

7 the Uniform Crime Reports;

8 ‘‘(2) the term ‘State’ or ‘States’ means a State,

9 the District of Columbia, the Commonwealth of

10 Puerto Rico, the United States Virgin Islands,

11 American Samoa, Guam, and the Northern Mariana

12 Islands; and

13 ‘‘(3) the term ‘indeterminate sentencing’ means

14 a system by which the court has discretion in impos15 ing the actual length of the sentence, up to the stat16 utory maximum, and an administrative agency, or

17 the court, controls release between court-ordered

18 minimum and maximum sentence.

19 ‘‘SEC. 20106. AUTHORIZATION OF APPROPRIATIONS.

20 ‘‘There are authorized to be appropriated to carry out

21 this subtitle—

22 ‘‘(1) $1,000,000,000 for fiscal year 1996;

23 ‘‘(2) $1,150,000,000 for fiscal year 1997;

24 ‘‘(3) $2,100,000,000 for fiscal year 1998;

25 ‘‘(4) $2,200,000,000 for fiscal year 1999; and

26 ‘‘(5) $2,270,000,000 for fiscal year 2000.’’.
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1 SEC. 102. REPEAL.

2 Subtitle B of title II of the Violent Crime and Law

3 Enforcement Act of 1994 is repealed.

4 SEC. 103. CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS.

5 (a) REPEAL.—Section 20416 of the Violent Crime

6 Control and Law Enforcement Act of 1994, and the

7 amendments made by that section, are repealed.

8 (b) EXHAUSTION REQUIREMENT.—Section 7(a) of

9 the Civil Rights of Institutionalized Persons Act (42

10 U.S.C. 1997e) is amended—

11 (1) in paragraph (1)—

12 (A) by striking ‘‘in any action brought’’

13 and inserting ‘‘no action shall be brought’’;

14 (B) by striking ‘‘the court shall’’ and all

15 that follows through ‘‘require exhaustion of’’

16 and insert ‘‘until’’; and

17 (C) by inserting ‘‘and exhausted’’ after

18 ‘‘available’’; and

19 (2) in paragraph (2) by inserting ‘‘or are other20 wise fair and effective’’ before the period at the end.

21 (c) FRIVOLOUS ACTIONS.—Section 7(a) of the Civil

22 Rights of Institutionalized Persons Act (42 U.S.C.

23 1997e(a)) is amended by adding at the end the following:

24 ‘‘(3) The court shall on its own motion or on

25 motion of a party dismiss any action brought pursu26 ant to section 1979 of the Revised Statutes of the
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1 United States by an adult convicted of a crime and

2 confined in any jail, prison, or other correctional fa3 cility if the court is satisfied that the action fails to

4 state a claim upon which relief can be granted or is

5 frivolous or malicious.’’.

6 (d) MODIFICATION OF REQUIRED MINIMUM STAND7 ARDS.—Section 7(b)(2) of the Civil Rights of Institu8 tionalized Persons Act (42 U.S.C. 1997e(b)(2)) is amend9 ed—

10 (1) by striking subparagraph (A); and

11 (2) by redesignating subparagraphs (B)

12 through (E) as subparagraphs (A) through (D), re13 spectively.

14 (e) REVIEW AND CERTIFICATION PROCEDURE

15 CHANGES.—Section 7(c) of the Civil Rights of Institu16 tionalized Persons Act (42 U.S.C. 1997e(c)) is amended—

17 (1) in paragraph (1), by inserting ‘‘or are oth18 erwise fair and effective’’ before the period at the

19 end; and

20 (2) in paragraph (2), by inserting ‘‘or is no

21 longer fair and effective’’ before the period at the

22 end.

23 (f) PROCEEDINGS IN FORMA PAUPERIS.—

24 (1) DISMISSAL.—Section 1915(d) of title 28,

25 United States Code, is amended—
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1 (A) by inserting ‘‘at any time’’ after

2 ‘‘counsel and may’’;

3 (B) by striking ‘‘and may’’ and inserting

4 ‘‘and shall’’;

5 (C) by inserting ‘‘fails to state a claim

6 upon which relief may be granted or’’ after

7 ‘‘that the action’’; and

8 (D) by inserting ‘‘, even if partial filing

9 fees have been imposed by the court’’ before the

10 period.

11 (2) PRISONER’S STATEMENT OF ASSETS.—Sec12 tion 1915 of title 28, United States Code, is amend13 ed by adding at the end the following:

14 ‘‘(f) If a prisoner in a correctional institution files

15 an affidavit in accordance with subsection (a), such pris16 oner shall include in the affidavit a statement of all assets

17 the prisoner possesses. The court shall make inquiry of

18 the correctional institution in which the prisoner is incar19 cerated for information available to such institution relat20 ing to the extent of the prisoner’s assets. The court shall

21 require full or partial payment of filing fees according to

22 the prisoner’s ability to pay.’’.

23 SEC. 104. REPORT ON PRISON WORK PROGRESS.

24 (a) FINDINGS.—The Senate finds that—
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1 (1) Federal Prison Industries was created by

2 Congress in 1934 as a wholly owned, nonprofit gov3 ernment corporation directed to train and employ

4 Federal prisoners;

5 (2) traditionally, one-half of the Federal prison

6 inmates had meaningful prison jobs; now, with the

7 increasing prison population, less than one-quarter

8 are employed in prison industry positions;

9 (3) expansion of the product lines and services

10 of Federal Prison Industries beyond its traditional

11 lines of business will enable more Federal prison in12 mates to work, and such expansion must occur so as

13 to minimize any adverse impact on the private sector

14 and labor; and

15 (4) all able-bodied Federal prison inmates

16 should work.

17 (b) REPORT.—

18 (1) IN GENERAL.—In an effort to achieve the

19 goal of full Federal prison inmate employment, the

20 Attorney General, in consultation with the Director

21 of the Bureau of Prisons, the Secretary of Labor,

22 the Secretary of Defense, the Administrator of the

23 General Services Administration, and the private

24 sector and labor, shall submit a report to Congress
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1 not later than September 1, 1996, that describes a

2 strategy for employing more Federal prison inmates;

3 (2) CONTENTS.—The report shall—

4 (A) contain a review of existing lines of

5 business of Federal Prison Industries;

6 (B) consider the findings and recommenda7 tions of the final report of the Summit on Fed8 eral Prison Industries (June 1992–July 1993);

9 (C) make recommendations for legislation

10 and changes in existing law that may be nec11 essary for the Federal Prison Industries to em12 ploy more Federal prison inmates; and

13 (D) focus on—

14 (i) the creation of new job opportuni15 ties for Federal prison inmates;

16 (ii) the degree to which any expansion

17 of lines of business of Federal Prison In18 dustries may adversely affect the private

19 sector or displace domestic labor; and

20 (iii) the degree to which opportunities

21 for partnership between Federal Prison In22 dustries and small business can be fos23 tered.
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1 SEC. 105. DRUG TREATMENT FOR PRISONERS.

2 Section 3621(e) of title 18, United States Code (as

3 added by section 32001 of the Violent Crime Control and

4 Law Enforcement Act of 1994) is amended—

5 (1) by striking paragraph (2);

6 (2) by redesignating paragraphs (3), (4), (5),

7 and (6) as paragraphs (2), (3), (4), and (5), respec8 tively; and

9 (3) in paragraph (2), as redesignated by para10 graph (2)—

11 (A) by striking ‘‘and’’ at the end of sub12 paragraph (B);

13 (B) by striking the period at the end of

14 subparagraph (C) and inserting ‘‘; and’’; and

15 (C) by adding at the end the following new

16 subparagraph:

17 ‘‘(D) a full examination and evaluation of

18 the effectiveness of the treatment in reducing

19 drug use among prisoners.’’.

20 TITLE II—STATE AND LOCAL

21 LAW ENFORCEMENT ASSIST22 ANCE

23 SEC. 201. BLOCK GRANT PROGRAM.

24 Title I of the Violent Crime Control and Law En25 forcement Act of 1994 is amended to read as follows:
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1 ‘‘TITLE I—STATE AND LOCAL

2 LAW ENFORCEMENT ASSIST3 ANCE

4 ‘‘SEC. 10001. BLOCK GRANTS TO STATES.

5 ‘‘(a) IN GENERAL.—The Attorney General shall

6 make grants under this title to States for use by State

7 and local governments to—

8 ‘‘(1) hire, train, and employ on a continuing

9 basis, new law enforcement officers and necessary

10 support personnel;

11 ‘‘(2) pay overtime to currently employed law en12 forcement officers and necessary support personnel;

13 ‘‘(3) procure equipment, technology, and other

14 material that is directly related to basic law enforce15 ment functions, such as the detection or investiga16 tion of crime, or the prosecution of criminals; and

17 ‘‘(4) establish and operate cooperative programs

18 between community residents and law enforcement

19 agencies for the control, detection, or investigation

20 of crime, or the prosecution of criminals.

21 ‘‘(b) LAW ENFORCEMENT TRUST FUNDS.—Funds

22 received by a State or unit of local government under this

23 title may be reserved in a trust fund established by the

24 State or unit of local government to fund the future needs

25 of programs authorized under subsection (a).
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1 ‘‘(c) ALLOCATION AND DISTRIBUTION OF FUNDS.—

2 ‘‘(1) ALLOCATION.—The amount made avail3 able pursuant to section 10003 shall be allocated as

4 follows:

5 ‘‘(A) 0.6 percent shall be allocated to each

6 of the participating States.

7 ‘‘(B) After the allocation under subpara8 graph (A), the remainder shall be allocated on

9 the basis of the population of each State as de10 termined by the 1990 decennial census as ad11 justed annually, by allocating to each State an

12 amount bearing the same ratio to the total

13 amount to be allocated under this subparagraph

14 as the population of the State bears to the pop15 ulation of all States.

16 ‘‘(2) DISTRIBUTION TO LOCAL GOVERN17 MENTS.—

18 ‘‘(A) IN GENERAL.—A State receiving a

19 grant under this title shall ensure that not less

20 than 85 percent of the funds received are dis21 tributed to units of local government.

22 ‘‘(B) LIMITATION.—Not more than 2.5

23 percent of funds received by a State in any

24 grant year shall be used for costs associated
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1 with the administration and distribution of

2 grant money.

3 ‘‘(d) DISBURSEMENT.—

4 ‘‘(1) IN GENERAL.—The Attorney General shall

5 issue regulations establishing procedures under

6 which a State may receive assistance under this title.

7 ‘‘(2) GENERAL REQUIREMENTS FOR QUALIFICA8 TION.—A State qualifies for a payment under this

9 title for a payment period only if the State estab10 lishes that—

11 ‘‘(A) the State will establish a segregated

12 account in which the government will deposit all

13 payments received under this title;

14 ‘‘(B) the State will expend the payments in

15 accordance with the laws and procedures that

16 are applicable to the expenditure of revenues of

17 the State;

18 ‘‘(C) the State will use accounting, audit,

19 and fiscal procedures that conform to guidelines

20 that shall be prescribed by the Attorney Gen21 eral after consultation with the Comptroller

22 General of the United States and, as applicable,

23 amounts received under this title shall be au24 dited in compliance with the Single Audit Act

25 of 1984;
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1 ‘‘(D) after reasonable notice to a State, the

2 State will make available to the Attorney Gen3 eral and the Comptroller General of the United

4 States, with the right to inspect, records that

5 the Attorney General or Comptroller General of

6 the United States reasonably requires to review

7 compliance with this title;

8 ‘‘(E) the State will make such reports as

9 the Attorney General reasonably requires, in

10 addition to the annual reports required under

11 this title; and

12 ‘‘(F) the State will expend the funds only

13 for the purposes set forth in subsection (a).

14 ‘‘(3) SANCTIONS FOR NONCOMPLIANCE.—

15 ‘‘(A) IN GENERAL.—If the Attorney Gen16 eral finds that a State has not complied sub17 stantially with paragraph (2) or regulations

18 prescribed under such paragraph, the Attorney

19 General shall notify the State. The notice shall

20 provide that if the State does not initiate cor21 rective action within 30 days after the date on

22 which the State receives the notice, the Attor23 ney General will withhold additional payments

24 to the State for the current payment period and

25 later payment periods. Payments shall be with-
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1 held until such time as the Attorney General

2 determines that the State—

3 ‘‘(i) has taken the appropriate correc4 tive action; and

5 ‘‘(ii) will comply with paragraph (2)

6 and the regulations prescribed under such

7 paragraph.

8 ‘‘(B) NOTICE.—Before giving notice under

9 subparagraph (A), the Attorney General shall

10 give the chief executive officer of the State rea11 sonable notice and an opportunity for comment.

12 ‘‘(C) PAYMENT CONDITIONS.—The Attor13 ney General shall make a payment to a State

14 under subparagraph (A) only if the Attorney

15 General determines that the State—

16 ‘‘(i) has taken the appropriate correc17 tive action; and

18 ‘‘(ii) will comply with paragraph (2)

19 and regulations prescribed under such

20 paragraph.

21 ‘‘SEC. 10002. APPLICATIONS.

22 ‘‘(a) The Attorney General shall make grants under

23 this title only if a State has submitted an application to

24 the Attorney General in such form, and containing such
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1 information, as is the Attorney General may reasonably

2 require.

3 ‘‘SEC. 10003. AUTHORIZATION OF APPROPRIATIONS.

4 ‘‘There are authorized to be appropriated to carry out

5 this title—

6 ‘‘(1) $2,050,000,000 for fiscal year 1996;

7 ‘‘(2) $2,150,000,000 for fiscal year 1997;

8 ‘‘(3) $1,900,000,000 for fiscal year 1998;

9 ‘‘(4) $1,900,000,000 for fiscal year 1999; and

10 ‘‘(5) $468,000,000 for fiscal year 2000.

11 ‘‘SEC. 10004. LIMITATION ON USE OF FUNDS.

12 ‘‘Funds made available to States under this title shall

13 not be used to supplant State or local funds, but shall

14 be used to increase the amount of funds that would, in

15 the absence of Federal funds received under this title, be

16 made available from State or local sources.’’.

17 TITLE III—FEDERAL EMER18 GENCY LAW ENFORCEMENT

19 ASSISTANCE ACT

20 SEC. 301. FEDERAL JUDICIARY AND FEDERAL LAW EN21 FORCEMENT.

22 Title XIX of the Violent Crime Control and Law En23 forcement Act of 1994 is amended to read as follows:
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1 ‘‘SEC. 190001. FEDERAL JUDICIARY AND FEDERAL LAW EN2 FORCEMENT.

3 ‘‘(a) AUTHORIZATION OF ADDITIONAL APPROPRIA4 TIONS FOR THE FEDERAL JUDICIARY.— There are au5 thorized to be appropriated for the activities of the Fed6 eral Judiciary to help meet the increased demands for ju7 dicial activities, including supervised release, and pretrial

8 and probation services, that will result from this Act—

9 ‘‘(1) $30,000,000 for fiscal year 1996;

10 ‘‘(2) $35,000,000 for fiscal year 1997;

11 ‘‘(3) $40,000,000 for fiscal year 1998;

12 ‘‘(4) $40,000,000 for fiscal year 1999; and

13 ‘‘(5) $55,000,000 for fiscal year 2000.

14 ‘‘(b) AUTHORIZATION OF ADDITIONAL APPROPRIA15 TIONS FOR THE DEPARTMENT OF JUSTICE.—There are

16 authorized to be appropriated for the activities and agen17 cies of the Department of Justice, in addition to sums au18 thorized elsewhere in this section, to help meet the in19 creased demands for Department of Justice activities that

20 will result from this Act—

21 ‘‘(1) $40,000,000 for fiscal year 1996;

22 ‘‘(2) $40,000,000 for fiscal year 1997;

23 ‘‘(3) $40,000,000 for fiscal year 1998;

24 ‘‘(4) $40,000,000 for fiscal year 1999; and

25 ‘‘(5) $39,000,000 for fiscal year 2000.
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1 ‘‘(c) AUTHORIZATION OF ADDITIONAL APPROPRIA2 TIONS FOR THE FEDERAL BUREAU OF INVESTIGATION.—

3 There are authorized to be appropriated for the activities

4 of the Federal Bureau of Investigation, to help meet the

5 increased demands for Federal Bureau of Investigation

6 activities that will result from this Act—

7 ‘‘(1) $203,150,000 for fiscal year 1996;

8 ‘‘(2) $184,500,000 for fiscal year 1997;

9 ‘‘(3) $284,000,000 for fiscal year 1998;

10 ‘‘(4) $147,500,000 for fiscal year 1999; and

11 ‘‘(5) $125,850,000 for fiscal year 2000.

12 ‘‘(d) AUTHORIZATION OF ADDITIONAL APPROPRIA13 TIONS FOR UNITED STATES ATTORNEYS.—There are au14 thorized to be appropriated for the account Department

15 of Justice, Legal Activities, Salaries and Expenses, United

16 States Attorneys, to help meet the increased demands for

17 litigation and related activities that will result from this

18 Act—

19 ‘‘(1) $15,000,000 for fiscal year 1996;

20 ‘‘(2) $23,000,000 for fiscal year 1997;

21 ‘‘(3) $30,000,000 for fiscal year 1998;

22 ‘‘(4) $37,000,000 for fiscal year 1999; and

23 ‘‘(5) $45,000,000 for fiscal year 2000.

24 ‘‘(e) AUTHORIZATION OF ADDITIONAL APPROPRIA25 TIONS FOR THE DEPARTMENT OF THE TREASURY.—
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1 There are authorized to be appropriated for the activities

2 of the Bureau of Alcohol, Tobacco, and Firearms, the

3 United States Custom Service, the Financial Crimes En4 forcement Network, the Federal Law Enforcement Train5 ing Center, the Criminal Investigation Division of the In6 ternal Revenue Service, and the United States Secret

7 Service to help meet the increased demands for Depart8 ment of the Treasury activities that will result from this

9 Act—

10 ‘‘(1) $30,000,000 for fiscal year 1995;

11 ‘‘(2) $70,000,000 for fiscal year 1996;

12 ‘‘(3) $90,000,000 for fiscal year 1997;

13 ‘‘(4) $110,000,000 for fiscal year 1998;

14 ‘‘(5) $125,000,000 for fiscal year 1999; and

15 ‘‘(6) $125,000,000 for fiscal year 2000.’’.

16 SEC. 302. DRUG ENFORCEMENT ADMINISTRATION.

17 Section 180104 of the Violent Crime Control and

18 Law Enforcement Act of 1994 is amended to read as

19 follows:

20 ‘‘SEC. 180104. AUTHORIZATION OF ADDITIONAL APPRO21 PRIATIONS FOR THE DRUG ENFORCEMENT

22 ADMINISTRATION.

23 ‘‘There are authorized to be appropriated for the ac24 tivities of the Drug Enforcement Administration, to help
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1 meet the increased demands for Drug Enforcement

2 Adminsitration activities that will result from this Act—

3 ‘‘(1) $42,000,000 for fiscal year 1996;

4 ‘‘(2) $55,000,000 for fiscal year 1997;

5 ‘‘(3) $70,000,000 for fiscal year 1998;

6 ‘‘(4) $85,000,000 for fiscal year 1999; and

7 ‘‘(5) $98,000,000 for fiscal year 2000.’’.

8 TITLE IV—CRIMINAL

9 PENALTIES.

10 SEC. 401. SERIOUS JUVENILE DRUG OFFENSES AS ARMED

11 CAREER CRIMINAL ACT PREDICATES.

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

13 is amended—

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

15 (2) in clause (ii), by striking the semicolon and

16 inserting ‘‘or which, if it had been prosecuted as a

17 violation of the Controlled Substances Act (21

18 U.S.C. 801 et seq.) at the time of the offense, and

19 because of the type and quantity of the controlled

20 substance involved, would have been punishable by a

21 maximum term of imprisonment of ten years or

22 more; or’’; and

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

24 clause:
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1 ‘‘(iii) any act of juvenile delinquency

2 that if committed by an adult would be a

3 serious drug offense described in this para4 graph;’’.

5 SEC. 402. PROSECUTION OF JUVENILES AS ADULTS.

6 (a) SERIOUS JUVENILE OFFENDERS.—

7 (1) REPEAL.—Section 150002 of the Violent

8 Crime Control and Law Enforcement Act of 1994,

9 and the amendments made by that section, are

10 repealed.

11 (2) ADULT PROSECUTION OF SERIOUS JUVE12 NILE OFFENDERS.—Section 5032 of title 18, United

13 States Code, is amended—

14 (A) in the first undesignated paragraph—

15 (i) by striking ‘‘an offense described

16 in section 401 of the Controlled Sub17 stances Act (21 U.S.C 841), or section

18 1002(a), 1003, 1005, 1009, or 1010(b)

19 (1), (2), or (3) of the Controlled Sub20 stances Import and Export Act (21 U.S.C.

21 952(a), 953, 955, 959, 960(b) (1), (2),

22 (3)),’’ and inserting ‘‘an offense (or a con23 spiracy or attempt to commit an offense)

24 described in section 401, or 404 (insofar

25 as the violation involves more than 5
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1 grams of a mixture or substance which

2 contains cocaine base), of the Controlled

3 Substances Act (21 U.S.C. 841, 844, or

4 846), section 1002(a), 1003, 1005, 1009,

5 1010(b) (1), (2), or (3), of the Controlled

6 Substances Import and Export Act (21

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

8 (2), or (3), or 963),’’; and

9 (ii) by striking ‘‘922(p)’’ and inserting

10 ‘‘924 (b), (g), or (h)’’;

11 (B) in the fourth undesignated para12 graph—

13 (i) by striking ‘‘an offense described

14 in section 401 of the Controlled Sub15 stances Act (21 U.S.C. 841), or section

16 1002(a), 1005, or 1009 of the Controlled

17 Substances Import and Export Act (21

18 U.S.C. 952(a), 955, 959)’’ and inserting

19 ‘‘an offense (or a conspiracy or attempt to

20 commit an offense) described in section

21 401, or 404 (insofar as the violation in22 volves more than 5 grams of a mixture or

23 substance which contains cocaine base), of

24 the Controlled Substances Act (21 U.S.C.

25 841, 844, or 846), section 1002(a), 1005,
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1 1009, 1010(b) (1), (2), or (3), of the Con2 trolled Substances Import and Export Act

3 (21 U.S.C. 952(a), 955, 959, 960(b) (1),

4 (2), or (3), or 963), or section 924(b), (g),

5 or (h) of this title,’’; and

6 (ii) by striking ‘‘subsection (b)(1) (A),

7 (B), or (C), (d), or (e) of section 401 of

8 the Controlled Substances Act, or section

9 1002(a), 1003, 1009, or 1010(b) (1), (2),

10 or (3) of the Controlled Substances Import

11 and Export Act (21 U.S.C. 952(a), 953,

12 959, 960(b) (1), (2), (3))’’ and inserting

13 ‘‘or an offense (or conspiracy or attempt to

14 commit an offense) described in section

15 401(b)(1) (A), (B), or (C), (d), or (e), or

16 404 (insofar as the violation involves more

17 than 5 grams of a mixture or substance

18 which contains cocaine base), of the Con19 trolled Substances Act (21 U.S.C.

20 841(b)(1) (A), (B), or (C), (d), or (e), 844,

21 or 846) or section 1002(a), 1003, 1009,

22 1010(b) (1), (2), or (3) of the Controlled

23 Substances Import and Export Act (21

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

25 or (3), or 963)’’; and
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1 (C) in the fifth undesignated paragraph by

2 adding at the end the following: ‘‘In considering

3 the nature of the offense, as required by this

4 paragraph, the court shall consider the extent

5 to which the juvenile played a leadership role in

6 an organization, or otherwise influenced other

7 persons to take part in criminal activities, in8 volving the use or distribution of controlled sub9 stances or firearms. Such a factor, if found to

10 exist, shall weigh heavily in favor of a transfer

11 to adult status, but the absence of this factor

12 shall not preclude such a transfer.’’.

13 (b) CRIMES OF VIOLENCE.—

14 (1) REPEAL.—Section 140001 of the Violent

15 Crime Control and Law Enforcement Act of 1994,

16 and the amendments made by that section, are re17 pealed.

18 (2) PROSECUTION AS ADULTS OF VIOLENT JU19 VENILE OFFENDERS.—Section 5032 of title 18,

20 United States Code, is amended by adding at the

21 end the following new paragraphs:

22 ‘‘Notwithstanding any other provision of this section

23 or any other law, a juvenile who was 13 years of age or

24 older on the date of the commission of an offense under

25 section 113 (a), (b), or (c), 1111, 1113, 2111, 2113, or
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1 2241 (a) or (c), shall be prosecuted as an adult in Federal

2 court. No juvenile prosecuted as an adult under this para3 graph shall be incarcerated in an adult prison.

4 ‘‘If a juvenile prosecuted under this paragraph is con5 victed, the juvenile shall be entitled to file a petition for

6 resentencing pursuant to applicable sentencing guidelines

7 when the juvenile reaches the age of 16.

8 ‘‘The United States Sentencing Commission shall

9 promulgate guidelines, or amend existing guidelines, if

10 necessary, to carry out this section. For resentencing de11 terminations pursuant to the preceding paragraph, the

12 Commission may promulgate guidelines, if necessary to

13 permit sentencing adjustments that may include adjust14 ments that provide for supervised release for defendants

15 who have clearly demonstrated—

16 ‘‘(A) an exceptional degree of responsibility for

17 the offense; and

18 ‘‘(B) a willingness and ability to refrain from

19 further criminal conduct.’’.

20 SEC. 403. AVAILABILITY OF FINES AND SUPERVISED RE21 LEASE FOR JUVENILE OFFENDERS.

22 Section 5037 of title 18, United States Code, is

23 amended—

24 (1) in subsection (a)—
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1 (A) in the first sentence by striking ‘‘sub2 section (d)’’ and inserting ‘‘subsection (e)’’; and

3 (B) in the second sentence, by striking

4 ‘‘place him on probation, or commit him to offi5 cial detention’’ and inserting ‘‘place the juvenile

6 on probation, commit the juvenile to official de7 tention (including the possibility of a term of

8 supervised release), or impose any fine that

9 would be authorized if the juvenile had been

10 convicted as an adult’’;

11 (2) by redesignating subsection (d) as sub12 section (e); and

13 (3) by adding after subsection (c) the following

14 new subsection:

15 ‘‘(d) The term for which supervised release may be

16 ordered for a juvenile found to be a juvenile delinquent

17 may not extend—

18 ‘‘(1) in the case of a juvenile who is less than

19 18 years old, beyond the earlier of—

20 ‘‘(A) five years after the date on which the

21 juvenile becomes 21 years old; or

22 ‘‘(B) the maximum supervised release term

23 that would be authorized by section 3583(b) if

24 the juvenile had been tried and convicted as an

25 adult; or
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1 ‘‘(2) in the case of a juvenile who is between 18

2 and 21 years old—

3 ‘‘(A) who if convicted as an adult would be

4 convicted of a Class A, B, or C felony, beyond

5 5 years after the juvenile’s release from official

6 detention; or

7 ‘‘(B) in any other case beyond the lesser

8 of—

9 ‘‘(i) 3 years; or

10 ‘‘(ii) the maximum term of supervised

11 release that would be authorized if the ju12 venile had been tried and convicted as an

13 adult.’’.

14 SEC. 404. AMENDMENTS CONCERNING JUVENILE RECORDS.

15 (a) Section 5038 of title 18, United States Code, is

16 amended—

17 (1) by striking subsections (d) and (f);

18 (2) by redesignating subsection (e) as sub19 section (d); and

20 (3) by adding at the end the following new sub21 section (e):

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

23 committing an act which if committed by an adult would

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

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

2 be sent to the Federal Bureau of Investigation, Identifica3 tion Division. The court shall also transmit to the Federal

4 Bureau of Investigation, Identification Division, the infor5 mation concerning the adjudication, including name, date

6 of adjudication, court, offenses, and sentence, along with

7 the notation that the matter was a juvenile adjudication.

8 The fingerprints, photograph, and other records and infor9 mation relating to a juvenile described in this subsection,

10 or to a juvenile who is prosecuted as an adult, shall be

11 made available in the manner applicable to adult defend12 ants.’’.

13 SEC. 405. MANDATORY MINIMUM PRISON SENTENCES FOR

14 PERSONS WHO USE MINORS IN DRUG TRAF15 FICKING ACTIVITIES OR SELL DRUGS TO MI16 NORS.

17 (a) EMPLOYMENT OF PERSONS UNDER 18 YEARS OF

18 AGE.—Section 420 of the Controlled Substances Act (21

19 U.S.C. 861) is amended—

20 (1) in subsection (b), by adding at the end the

21 following: ‘‘Except to the extent a greater minimum

22 sentence is otherwise provided, a term of imprison23 ment of a person 21 or more years of age convicted

24 of drug trafficking under this subsection shall be not

25 less than 10 years. Notwithstanding any other law,
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1 the court shall not place on probation or suspend the

2 sentence of any person sentenced under the preced3 ing sentence.’’; and

4 (2) in subsection (c) by inserting after the sec5 ond sentence the following: ‘‘Except to the extent a

6 greater minimum sentence is otherwise provided, a

7 term of imprisonment of a person 21 or more years

8 of age convicted of drug trafficking under this sub9 section shall be a mandatory term of life imprison10 ment. Notwithstanding any other law, the court shall

11 not place on probation or suspend the sentence of

12 any person sentenced under the preceding sen13 tence.’’.

14 (b) MANDATORY MINIMUM PRISON SENTENCES FOR

15 PERSONS CONVICTED OF DISTRIBUTION OF DRUGS TO

16 MINORS.—

17 (1) IN GENERAL.—Section 418 of the Con18 trolled Substances Act (21 U.S.C. 859) is amend19 ed—

20 (A) in subsection (a)—

21 (i) by striking ‘‘twenty-one’’ and in22 serting ‘‘eighteen’’;

23 (ii) by striking ‘‘eighteen’’ and insert24 ing ‘‘twenty-one’’;
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1 (iii) by striking ‘‘not less than one

2 year’’ and inserting ‘‘not less than ten

3 years’’; and

4 (iv) by striking the last sentence;

5 (B) in subsection (b)—

6 (i) by striking ‘‘twenty-one’’ and in7 serting ‘‘eighteen’’;

8 (ii) by striking ‘‘eighteen’’ and insert9 ing ‘‘twenty-one’’;

10 (iii) by striking ‘‘not less than one

11 year’’ and inserting ‘‘a mandatory term of

12 life imprisonment’’;

13 (iv) by striking the last sentence; and

14 (C) by adding at the end the following new

15 subsection:

16 ‘‘(c) OFFENSES INVOLVING SMALL QUANTITIES OF

17 MARIJUANA.—The mandatory minimum sentencing provi18 sions of this section shall not apply to offenses involving

19 five grams or less of marijuana.’’; and

20 (D) in the section heading by striking

21 ‘‘twenty-one’’ and inserting ‘‘eighteen’’.

22 (2) TECHNICAL AMENDMENT.—The chapter

23 analysis for chapter 13 of title 21, United States

24 Code, is amended in the item relating to section 859,

25 by striking ‘‘twenty-one’’ and inserting ‘‘eighteen’’.
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1 (c) PENALTIES FOR DRUG OFFENSES IN DRUG2 FREE ZONES.—

3 (1) REPEAL.—Section 90102 of the Violent

4 Crime Control and Law Enforcement Act of 1994 is

5 repealed.

6 (2) INCREASED PENALTIES.—Section 419 of

7 the Controlled Substances Act (21 U.S.C. 860) is

8 amended—

9 (A) in subsection (a)—

10 (i) by striking ‘‘not less than one

11 year’’ and inserting ‘‘not less than five

12 years’’; and

13 (ii) by striking the last sentence;

14 (B) in subsection (b), by striking ‘‘not less

15 than three years’’ and inserting ‘‘not less than

16 ten years’’;

17 (C) by redesignating subsections (c), (d),

18 and (e) as subsections (d), (e), and (f), respec19 tively; and

20 (D) by inserting after subsection (b) the

21 following new subsection:

22 ‘‘(c) OFFENSES INVOLVING SMALL QUANTITIES OF

23 MARIJUANA.—The mandatory minimum sentencing provi24 sions of this section shall not apply to offenses involving

25 five grams or less of marijuana.’’.
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1 SEC. 406. MANDATORY MINIMUM SENTENCING REFORM.

2 (a) REPEAL.—Title VIII of the Violent Crime Con3 trol and Law Enforcement Act of 1994, and the amend4 ments made by that title, is repealed.

5 (b) FLEXIBILITY IN APPLICATION OF MANDATORY

6 MINIMUM SENTENCE PROVISIONS IN CERTAIN CIR7 CUMSTANCES.—

8 (1) AMENDMENT OF TITLE 18, UNITED STATES

9 CODE.—Section 3553 of title 18, United States

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

11 new subsection:

12 ‘‘(f) MANDATORY MINIMUM SENTENCE PROVI13 SIONS.—

14 ‘‘(1) SENTENCING UNDER THIS SECTION.—In

15 the case of an offense described in paragraph (2),

16 the court shall, notwithstanding the requirement of

17 a mandatory minimum sentence in that section, im18 pose a sentence in accordance with this section and

19 the sentencing guidelines and any pertinent policy

20 statement issued by the United States Sentencing

21 Commission.

22 ‘‘(2) OFFENSES.—An offense is described in

23 this paragraph if—

24 ‘‘(A) the defendant is subject to a manda25 tory minimum term of imprisonment under sec26 tion 401 or 402 of the Controlled Substances
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1 Act (21 U.S.C. 841 and 844) or section 1010

2 of the Controlled Substances Import and Ex3 port Act (21 U.S.C. 960);

4 ‘‘(B) the defendant does not have—

5 ‘‘(i) any criminal history points under

6 the sentencing guidelines; or

7 ‘‘(ii) any prior conviction, foreign or

8 domestic, for a crime of violence against a

9 person or a drug trafficking offense that

10 resulted in a sentence of imprisonment (or

11 an adjudication as a juvenile delinquent for

12 an act that, if committed by an adult,

13 would constitute a crime of violence

14 against a person or a drug trafficking

15 offense);

16 ‘‘(C) the offense did not result in death or

17 serious bodily injury (as defined in section

18 1365) to any person—

19 ‘‘(i) as a result of the act of any per20 son during the course of the offense; or

21 ‘‘(ii) as a result of the use by any per22 son of a controlled substance that was in23 volved in the offense;

24 ‘‘(D) the defendant did not carry or other25 wise have possession of a firearm (as defined in
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1 section 921) or other dangerous weapon during

2 the course of the offense and did not direct an3 other person to carry a firearm and the defend4 ant had no knowledge of any other conspirator

5 involved in the offense possessing a firearm;

6 ‘‘(E) the defendant was not an organizer,

7 leader, manager, or supervisor of others (as de8 fined or determined under the sentencing guide9 lines) in the offense;

10 ‘‘(F) the defendant did not use, attempt to

11 use, or make a credible threat to use physical

12 force against the person of another during the

13 course of the offense;

14 ‘‘(G) the defendant did not own the drugs,

15 finance any part of the offense or sell the

16 drugs; and

17 ‘‘(H) the Government certifies that the de18 fendant has timely and truthfully provided to

19 the Government all information and evidence

20 the defendant has concerning the offense or of21 fenses that were part of the same course of con22 duct or of a common scheme or plan.’’.

23 (2) HARMONIZATION.—

24 (A) IN GENERAL.—The United States Sen25 tencing Commission—
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1 (i) may make such amendments as it

2 deems necessary and appropriate to har3 monize the sentencing guidelines and pol4 icy statements with section 3553(f) of title

5 18, United States Code, as added by para6 graph (1), and promulgate policy state7 ments to assist the courts in interpreting

8 that provision; and

9 (ii) shall amend the sentencing guide10 lines, if necessary, to assign to an offense

11 under section 401 or 402 of the Controlled

12 Substances Act (21 U.S.C. 841 and 844)

13 or section 1010 of the Controlled Sub14 stances Import and Export Act (21 U.S.C.

15 960) to which a mandatory minimum term

16 of imprisonment applies, a guideline level

17 that will result in the imposition of a term

18 of imprisonment at least equal to the man19 datory term of imprisonment that is cur20 rently applicable, unless a downward ad21 justment is authorized under section

22 3553(f) of title 18, United States Code, as

23 added by subsection (a).

24 (B) EMERGENCY AMENDMENTS.—If the

25 Commission determines that an expedited pro-
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1 cedure is necessary for amendments made pur2 suant to paragraph (1) to become effective on

3 the effective date specified in subsection (c), the

4 Commission may promulgate such amendments

5 as emergency amendments under the proce6 dures set forth in section 21(a) of the Sentenc7 ing Act of 1987 (101 Stat. 1271), as though

8 the authority under that section had not ex9 pired.

10 (3) EFFECTIVE DATE.—The amendment made

11 by paragraph (1) and any amendments to the sen12 tencing guidelines made by the United States Sen13 tencing Commission pursuant to paragraph (2) shall

14 apply with respect to sentences imposed for offenses

15 committed on or after the date that is 60 days after

16 the date of enactment of this Act.

17 SEC. 407. INCREASED MANDATORY MINIMUM SENTENCES

18 FOR CRIMINALS USING FIREARMS.

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

20 amended by inserting after the first sentence the follow21 ing: ‘‘Except to the extent a greater minimum sentence

22 is otherwise provided by the preceding sentence or by any

23 other provision of this subsection or any other law, a per24 son who, during and in relation to any crime of violence

25 or drug trafficking crime (including a crime of violence
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1 or drug trafficking crime which provides for an enhanced

2 punishment if committed by the use of a deadly or dan3 gerous weapon or device) for which a person may be pros4 ecuted in a court of the United States, uses or carries a

5 firearm shall, in addition to the punishment provided for

6 such crime of violence or drug trafficking crime—

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

8 than 10 years;

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

10 by imprisonment for not less than 20 years; and

11 ‘‘(C) if the death of a person results, be pun12 ished by death or by imprisonment for not less than

13 life.

14 Notwithstanding any other law, the court shall not place

15 on probation or suspend the sentence of any person con16 victed of a violation of this subsection, nor shall the term

17 of imprisonment imposed under this subsection run con18 currently with any other term of imprisonment including

19 that imposed for the crime of violence or drug trafficking

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

21 sentenced under this subsection shall be eligible for parole

22 during the term of imprisonment imposed under this sub23 section.’’.
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1 SEC. 408. PENALTIES FOR ARSON.

2 (a) REPEAL.—Section 320106 of the Violent Crime

3 Control and Law Enforcement Act of 1994 is repealed.

4 (b) INCREASED PENALTIES.—Section 844 of title 18,

5 United States Code, is amended—

6 (1) in subsection (f)—

7 (A) by striking ‘‘not more than ten years,

8 or fined not more than $10,000’’ and inserting

9 ‘‘not less than five years and not more than 20

10 years, fined the greater of $100,000 or the cost

11 of repairing or replacing any property that is

12 damaged or destroyed’’; and

13 (B) by striking ‘‘not more than twenty

14 years, or fined not more than $10,000’’ and in15 serting ‘‘not less than five years and not more

16 than 40 years, fined the greater of $200,000 or

17 the cost of repairing or replacing any property

18 that is damaged or destroyed’’;

19 (2) in subsection (h)—

20 (A) in the first sentence by striking ‘‘five

21 years’’ and inserting ‘‘10 years’’; and

22 (B) in the second sentence by striking ‘‘ten

23 years’’ and inserting ‘‘20 years’’; and

24 (3) in subsection (i)—

25 (A) by striking ‘‘not more than ten years

26 or fined not more than $10,000’’ and inserting
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1 ‘‘not less than five years and not more than 20

2 years, fined the greater of $100,000 or the cost

3 of repairing or replacing any property that is

4 damaged or destroyed’’; and

5 (B) by striking ‘‘not more than twenty

6 years or fined not more than $10,000’’ and in7 serting ‘‘not less than five years and not more

8 than 40 years, fined the greater of $200,000 or

9 the cost of repairing or replacing any property

10 that is damaged or destroyed’’.

11 (c) STATUTE OF LIMITATIONS FOR ARSON.—Section

12 320917(a) of the Violent Crime Control and Law Enforce13 ment Act of 1994 is amended by striking ‘‘7’’ and insert14 ing ‘‘10’’.

15 SEC. 409. INTERSTATE TRAVEL OR USE OF MAILS OR A FA16 CILITY IN INTERSTATE COMMERCE TO FUR17 THER KIDNAPPING.

18 Section 1201(a) of title 18, United States Code, is

19 amended—

20 (1) in paragraph (3) by striking ‘‘or’’ at the

21 end of the paragraph;

22 (2) in paragraph (5) by striking ‘‘duties,’’ and

23 inserting ‘‘duties; or’’; and

24 (3) by inserting after paragraph (5) the follow25 ing new paragraphs:
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1 ‘‘(6) an individual travels in interstate or for2 eign commerce in furtherance of the offense; or

3 ‘‘(7) the mails or a facility in interstate or for4 eign commerce is used in furtherance of the of5 fense,’’.

6 TITLE V—FEDERAL CRIMINAL

7 PROCEDURE REFORM

8 SEC. 501. OBSTRUCTION OF JUSTICE.

9 (a) IN GENERAL.—Chapter 73 of title 18, United

10 States Code, is amended by adding at the end the follow11 ing new section:

12 ‘‘§ 1518. False pleadings

13 ‘‘In a criminal proceeding, any attorney who files in

14 a court of the United States a brief, motion, answer,

15 pleading, or other signed document that the attorney

16 knows to contain a false statement of material fact or a

17 false statement of law, shall be found guilty of obstruction

18 of justice.’’.

19 (b) TECHNICAL AMENDMENT.—The analysis for

20 chapter 73 of title 18, United States Code, is amended

21 by adding the following new item:

‘‘1518. False pleadings.’’.

22 SEC. 502. CONDUCT OF FEDERAL PROSECUTORS.

23 Notwithstanding the ethical rules or the rules of the

24 court of any State, Federal rules of conduct adopted by
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1 the Attorney General shall govern the conduct of prosecu2 tions in the courts of the United States.

3 SEC. 503. FAIRNESS IN JURY SELECTION.

4 Rule 24(b) of the Federal Rules of Criminal Proce5 dure is amended by striking ‘‘the Government is also enti6 tled to 6 peremptory challenges and the defendant or de7 fendants jointly to 10 peremptory challenges’’ and insert8 ing ‘‘the Government is also entitled to 6 peremptory chal9 lenges. A defendant tried alone is entitled to 6 peremptory

10 challenges, but defendants tried jointly are entitled to 10

11 peremptory challenges’’.

12 SEC. 504. BALANCE IN THE COMPOSITION OF RULES COM13 MITTEES.

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

15 amended—

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

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

18 recommendations concerning rules that affect crimi19 nal cases, including the Federal Rules of Criminal

20 Procedure, the Federal Rules of Evidence, the Fed21 eral Rules of Appellate Procedure, the Rules Govern22 ing Section 2254 Cases, and the Rules Governing

23 Section 2255 Cases, the number of members who

24 represent or supervise the representation of defend25 ants in the trial, direct review, or collateral review
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1 of criminal cases shall not exceed the number of

2 members who represent or supervise the representa3 tion of the Government or a State in the trial, direct

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

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

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

7 committees who represent or supervise the represen8 tation of defendants in the trial, direct review, or

9 collateral review of criminal cases shall not exceed

10 the number of members who represent or supervise

11 the representation of the Government or a State in

12 the trial, direct review, or collateral review of crimi13 nal cases.’’.

14 SEC. 505. REIMBURSEMENT OF REASONABLE ATTORNEYS’

15 FEES.

16 Section 526 of title 28, United States Code, is

17 amended by adding at the end the following new sub18 section:

19 ‘‘(c)(1)(A) A current or former Department of Jus20 tice attorney, agent, or employee who supervises an agent

21 who is the subject of a criminal or disciplinary investiga22 tion, instituted on or after the date of enactment of this

23 subsection, arising out of acts performed in the discharge

24 of his or her duties in prosecuting or investigating a crimi25 nal matter, who is not provided representation under De-
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1 partment of Justice regulations, shall be entitled to reim2 bursement of reasonable attorneys’ fees incurred during

3 and as a result of the investigation if the investigation

4 does not result in adverse action against the attorney,

5 agent, or employee.

6 ‘‘(B) A current or former attorney, agent, or em7 ployee who supervises an agent employed as or by a Fed8 eral public defender who is the subject of a criminal or

9 disciplinary investigation instituted on or after the date

10 of enactment of this subsection, arising out of acts per11 formed in the discharge of his or her duties in defending

12 or investigating a criminal matter in connection with the

13 public defender program, who is not provided representa14 tion by a Federal public defender or the Administrative

15 Office of the United States Courts, is entitled to reim16 bursement of reasonable attorneys’ fees incurred during

17 and as a result of the investigation if the investigation

18 does not result in adverse action against the attorney,

19 agent, or employee.

20 ‘‘(2) For purposes of paragraph (1), an investigation

21 shall be considered not to result in adverse action against

22 an attorney, agent, or employee if—

23 ‘‘(A) in the case of a criminal investigation, the

24 investigation does not result in indictment of, the fil25 ing of a criminal complaint against, or the entry of
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1 a plea of guilty by the attorney, agent, or super2 vising employee; and

3 ‘‘(B) in the case of a disciplinary investigation,

4 the investigation does not result in discipline or re5 sults in only discipline less serious than a formal let6 ter of reprimand finding actual and specific wrong7 doing.

8 ‘‘(3) The Attorney General shall provide notice in

9 writing of the conclusion and result of an investigation de10 scribed in paragraph (1).

11 ‘‘(4) An attorney, agent, or supervising employee who

12 was the subject of an investigation described in paragraph

13 (1) may waive his or her entitlement to reimbursement

14 of attorneys’ fees under paragraph (1) as part of a resolu15 tion of a criminal or disciplinary investigation.

16 ‘‘(5) An application for attorney fee reimbursement

17 under this subsection shall be made not later than 180

18 days after the attorney, agent, or employee is notified in

19 writing of the conclusion and result of the investigation.

20 ‘‘(6) Upon receipt of a proper application under this

21 subsection for reimbursement of attorneys’ fees, the Attor22 ney General and the Director of the Administrative Office

23 of the United States Courts shall award reimbursement

24 for the amount of attorneys’ fees that are found to have
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1 been reasonably incurred by the applicant as a result of

2 an investigation.

3 ‘‘(7) The official making an award under this sub4 section shall make inquiry into the reasonableness of the

5 amount requested, and shall consider—

6 ‘‘(A) the sufficiency of the documentation ac7 companying the request;

8 ‘‘(B) the need or justification for the underlying

9 item;

10 ‘‘(C) the reasonableness of the sum requested in

11 light of the nature of the investigation; and

12 ‘‘(D) current rates for equal services in the

13 community in which the investigation took place.

14 ‘‘(8)(A) Reimbursements of attorneys’ fees ordered

15 under this subsection by the Attorney General shall be

16 paid from the appropriation made by section 1304 of title

17 31, United States Code.

18 ‘‘(B) Reimbursements of attorneys’ fees ordered

19 under this section by the Director of the Administrative

20 Office of the United States Courts shall be paid from ap21 propriations authorized by section 3006A(i) of title 18,

22 United States Code.

23 ‘‘(9) The Attorney General and the Director of the

24 Administrative Office of the United States Courts may
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1 delegate their powers and duties under this subsection to

2 an appropriate subordinate.’’.

3 SEC. 506. MANDATORY RESTITUTION TO VICTIMS OF VIO4 LENT CRIMES.

5 (a) ORDER OF RESTITUTION.—Section 3663 of title

6 18, United States Code, is amended—

7 (1) in subsection (a)—

8 (A) by striking ‘‘may order’’ and inserting

9 ‘‘shall order’’; and

10 (B) by adding at the end the following new

11 paragraph:

12 ‘‘(4) In addition to ordering restitution of the victim

13 of the offense of which a defendant is convicted, a court

14 may order restitution of any person who, as shown by a

15 preponderance of evidence, was harmed physically or pecu16 niarily by unlawful conduct of the defendant during—

17 ‘‘(A) the criminal episode during which the of18 fense occurred; or

19 ‘‘(B) the course of a scheme, conspiracy, or pat20 tern of unlawful activity related to the offense.’’;

21 (2) in subsection (b)(1)(A) by striking ‘‘imprac22 tical’’ and inserting ‘‘impracticable’’;

23 (3) in subsection (b)(2) by inserting ‘‘emotional

24 or’’ after ‘‘resulting in’’;
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1 (4) in subsection (c) by striking ‘‘If the Court

2 decides to order restitution under this section, the’’

3 and inserting ‘‘The’’;

4 (5) by striking subsections (d), (e), (f), (g), and

5 (h); and

6 (6) by adding at the end the following new sub7 sections:

8 ‘‘(d)(1) The court shall order restitution to a victim

9 in the full amount of the victim’s losses as determined by

10 the court and without consideration of—

11 ‘‘(A) the economic circumstances of the of12 fender; or

13 ‘‘(B) the fact that a victim has received or is

14 entitled to receive compensation with respect to a

15 loss from insurance or any other source.

16 ‘‘(2) Upon determination of the amount of restitution

17 owed to each victim, the court shall specify in the restitu18 tion order the manner in which and the schedule according

19 to which the restitution is to be paid, in consideration of—

20 ‘‘(A) the financial resources and other assets of

21 the offender;

22 ‘‘(B) projected earnings and other income of

23 the offender; and

24 ‘‘(C) any financial obligations of the offender,

25 including obligations to dependents.
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1 ‘‘(3) A restoration order may direct the offender to

2 make a single, lump-sum payment, partial payment at

3 specified intervals, or such in-kind payments as may be

4 agreeable to the victim and the offender.

5 ‘‘(4) An in-kind payment described in paragraph (3)

6 may be in the form of—

7 ‘‘(A) return of property;

8 ‘‘(B) replacement of property; or

9 ‘‘(C) services rendered to the victim or to a per10 son or organization other than the victim.

11 ‘‘(e) When the court finds that more than 1 offender

12 has contributed to the loss of a victim, the court may make

13 each offender liable for payment of the full amount of res14 titution or may apportion liability among the offenders to

15 reflect the level of contribution and economic cir16 cumstances of each offender.

17 ‘‘(f) When the court finds that more than 1 victim

18 has sustained a loss requiring restitution by an offender,

19 the court shall order full restitution of each victim but may

20 provide for different payment schedules to reflect the eco21 nomic circumstances of each victim.

22 ‘‘(g)(1) If the victim has received or is entitled to re23 ceive compensation with respect to a loss from insurance

24 or any other source, the court shall order that restitution

25 be paid to the person who provided or is obligated to pro-
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1 vide the compensation, but the restitution order shall pro2 vide that all restitution of victims required by the order

3 be paid to the victims before any restitution is paid to

4 such a provider of compensation.

5 ‘‘(2) The issuance of a restitution order shall not af6 fect the entitlement of a victim to receive compensation

7 with respect to a loss from insurance or any other source

8 until the payments actually received by the victim under

9 the restitution order fully compensate the victim for the

10 loss, at which time a person that has provided compensa11 tion to the victim shall be entitled to receive any payments

12 remaining to be paid under the restitution order.

13 ‘‘(3) Any amount paid to a victim under an order of

14 restitution shall be set off against any amount later recov15 ered as compensatory damages by the victim in—

16 ‘‘(A) any Federal civil proceeding; and

17 ‘‘(B) any State civil proceeding, to the extent

18 provided by the law of the State.

19 ‘‘(h) A restitution order shall provide that—

20 ‘‘(1) all fines, penalties, costs, restitution pay21 ments and other forms of transfers of money or

22 property made pursuant to the sentence of the court

23 shall be made by the offender to an entity des24 ignated by the Director of the Administrative Office

25 of the United States Courts for accounting and pay-
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1 ment by the entity in accordance with this sub2 section;

3 ‘‘(2) the entity designated by the Director of

4 the Administrative Office of the United States

5 Courts shall—

6 ‘‘(A) log all transfers in a manner that

7 tracks the offender’s obligations and the cur8 rent status in meeting those obligations, unless,

9 after efforts have been made to enforce the res10 titution order and it appears that compliance

11 cannot be obtained, the court determines that

12 continued recordkeeping under this subpara13 graph would not be useful;

14 ‘‘(B) notify the court and the interested

15 parties when an offender is 90 days in arrears

16 in meeting those obligations; and

17 ‘‘(3) the offender shall advise the entity des18 ignated by the Director of the Administrative Office

19 of the United States Courts of any change in the of20 fender’s address during the term of the restitution

21 order.

22 ‘‘(i) A restitution order shall constitute a lien against

23 all property of the offender and may be recorded in any

24 Federal or State office for the recording of liens against

25 real or personal property.
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1 ‘‘(j) Compliance with the schedule of payment and

2 other terms of a restitution order shall be a condition of

3 any probation, parole, or other form of release of an of4 fender. If a defendant fails to comply with a restitution

5 order, the court may revoke probation or a term of super6 vised release, modify the term or conditions of probation

7 or a term of supervised release, hold the defendant in con8 tempt of court, enter a restraining order or injunction,

9 order the sale of property of the defendant, accept a per10 formance bond, or take any other action necessary to ob11 tain compliance with the restitution order. In determining

12 what action to take, the court shall consider the defend13 ant’s employment status, earning ability, financial re14 sources, the willfulness in failing to comply with the res15 titution order, and any other circumstances that may have

16 a bearing on the defendant’s ability to comply with the

17 restitution order.

18 ‘‘(k) An order of restitution may be enforced—

19 ‘‘(1) by the United States—

20 ‘‘(A) in the manner provided for the collec21 tion and payment of fines in subchapter (B) of

22 chapter 229 of this title; or

23 ‘‘(B) in the same manner as a judgment in

24 a civil action; and
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1 ‘‘(2) by a victim named in the order to receive

2 the restitution, in the same manner as a judgment

3 in a civil action.

4 ‘‘(l) A victim or the offender may petition the court

5 at any time to modify a restitution order as appropriate

6 in view of a change in the economic circumstances of the

7 offender.’’.

8 (b) PROCEDURE FOR ISSUING ORDER OF RESTITU9 TION.—Section 3664 of title 18, United States Code, is

10 amended—

11 (1) by striking subsection (a);

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

13 and (e) as subsections (a), (b), (c), and (d);

14 (3) by amending subsection (a), as redesignated

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

16 ‘‘(a) The court may order the probation service of the

17 court to obtain information pertaining to the amount of

18 loss sustained by any victim as a result of the offense,

19 the financial resources of the defendant, the financial

20 needs and earning ability of the defendant and the defend21 ant’s dependents, and such other factors as the court

22 deems appropriate. The probation service of the court

23 shall include the information collected in the report of

24 presentence investigation or in a separate report, as the

25 court directs.’’; and
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1 (4) by adding at the end thereof the following

2 new subsection:

3 ‘‘(e) The court may refer any issue arising in connec4 tion with a proposed order of restitution to a magistrate

5 or special master for proposed findings of fact and rec6 ommendations as to disposition, subject to a de novo de7 termination of the issue by the court.’’.

8 SEC. 507. ADMISSIBILITY OF CERTAIN EVIDENCE.

9 (a) CONFESSIONS.—Section 3501 of title 18, United

10 States Code, is amended—

11 (1) in subsection (a), by inserting after the first

12 sentence the following new sentence: ‘‘The defendant

13 shall have the burden of proving by a preponderance

14 of the evidence that a confession was not vol15 untary.’’; and

16 (2) in subsection (c) by striking ‘‘and if such

17 confession’’ and all that follows through the end of

18 the subsection.

19 (b) REASONABLE SEARCH OR SEIZURE.—

20 (1) IN GENERAL.—Chapter 223 of title 18,

21 United States Code, is amended by inserting after

22 section 3502 the following new section:
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1 ‘‘§ 3502A. Admissibility of evidence obtained by

2 search or seizure

3 ‘‘(a) EVIDENCE OBTAINED BY OBJECTIVELY REA4 SONABLE SEARCH OR SEIZURE.—Evidence obtained as a

5 result of a search or seizure that is otherwise admissible

6 in a Federal criminal proceeding shall not be excluded in

7 a proceeding in a court of the United States on the ground

8 that the search or seizure was in violation of the fourth

9 amendment to the Constitution.

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

11 RULE.—Evidence shall not be excluded in a proceeding

12 in a court of the United States on the ground that it was

13 obtained in violation of a statute, an administrative rule,

14 or a rule of court procedure unless exclusion is expressly

15 authorized by statute or by a rule prescribed by the Su16 preme Court pursuant to chapter 131 of title 28.

17 ‘‘(c) RULE OF CONSTRUCTION.—This section shall

18 not be construed to require or authorize the exclusion of

19 evidence in any proceeding.’’.

20 (2) TECHNICAL AMENDMENT.—The chapter

21 analysis for chapter 223 of title 18, United States

22 Code, is amended by inserting after the item for sec23 tion 3502 the following new item:

‘‘3502A. Admissibility of evidence obtained by search or seizure.’’.

24 (c) ILLEGAL SEARCH AND SEIZURE.—
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1 (1) IN GENERAL.—Title 28, United States

2 Code, is amended by inserting after chapter 171, the

3 following new chapter:

4 ‘‘CHAPTER 172—ILLEGAL SEARCH AND SEIZURE

‘‘Sec.

‘‘2691. Definitions.

‘‘2692. Tort claims; illegal search and seizure.

‘‘2693. Sanctions against investigative or law enforcement officers.

‘‘2694. Judgment as bar.

‘‘2695. Attorneys’ fees and costs.

‘‘2696. Applicability of other tort claims procedures.

5 ‘‘§ 2691. Definitions

6 ‘‘In this chapter—

7 ‘‘(1) the term ‘Federal agency’ includes an ex8 ecutive department, military department, independ9 ent establishment of the United States, and a cor10 poration acting primarily as an instrumentality or

11 agency of the United States, but does not include a

12 contractor with the United States; and

13 ‘‘(2) the term ‘investigative or law enforcement

14 officer’ means—

15 ‘‘(A) an officer of the United States who is

16 empowered by law to execute searches, to seize

17 evidence, or to make arrests for any violation of

18 Federal law;

19 ‘‘(B) a person acting under or at the re20 quest of such an officer; or
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1 ‘‘(C) a State or local law enforcement offi2 cer, if the case is prosecuted in a court of the

3 United States.

4 ‘‘§ 2692. Tort claims; illegal search and seizure

5 ‘‘(a) IN GENERAL.—The United States shall be liable

6 for damages resulting from a search or seizure conducted

7 by an investigative or law enforcement officer, acting with8 in the scope of the officer’s office or employment, in viola9 tion of the fourth amendment to the Constitution.

10 ‘‘(b) ACTUAL AND PUNITIVE DAMAGES.—A person

11 who is aggrieved by a violation described in subsection (a)

12 may recover actual damages and such punitive damages

13 as the court may award under subsection (c).

14 ‘‘(c) AWARD OF PUNITIVE DAMAGES.—Punitive dam15 ages may be awarded by the court in an amount not ex16 ceeding $10,000, upon consideration of all of the cir17 cumstances of the case, including—

18 ‘‘(1) the extent of the investigative or law en19 forcement officer’s deviation from permissible con20 duct;

21 ‘‘(2) the extent to which the violation was will22 ful, reckless, or grossly negligent;

23 ‘‘(3) the extent to which the aggrieved person’s

24 privacy was invaded;
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1 ‘‘(4) the extent of the aggrieved person’s phys2 ical, mental, and emotional injury;

3 ‘‘(5) the extent of any property damage; and

4 ‘‘(6) the effect that making an award of puni5 tive damages would have in preventing future viola6 tions of the fourth amendment to the Constitution.

7 ‘‘(d) LIMITATION ON AWARD TO OFFENDER.—An

8 award of nonpunitive damages under this section to a per9 son who is convicted of an offense for which evidence of

10 the offense was seized in violation of the fourth amend11 ment to the Constitution shall be limited to damages for

12 actual physical personal injury and actual property dam13 age sustained as a result of the unconstitutional search

14 and seizure.

15 ‘‘(e) AMOUNT OF AWARD.—

16 ‘‘(1) IN GENERAL.—Except as provided in para17 graph (2), in an action brought pursuant to this sec18 tion, a judgment, award, compromise, or settlement

19 shall be in an amount that is not more than

20 $30,000, including actual and punitive damages.

21 ‘‘(2) EXCEPTION.—The limitation provided in

22 paragraph (1) shall not apply to a judgment, award,

23 compromise, or settlement if the actual damages are

24 in an amount that is greater than $30,000.
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1 ‘‘(3) PREJUDGMENT INTEREST.—The United

2 States shall not be liable for interest prior to judg3 ment.

4 ‘‘(f) PERIOD OF LIMITATION.—An action under this

5 section shall be brought within the period of limitation

6 provided in section 2401(b).

7 ‘‘§ 2693. Sanctions against investigative or law en8 forcement officers

9 ‘‘An investigative or law enforcement officer who con10 ducts a search or seizure in violation of the fourth amend11 ment to the Constitution shall be subject to appropriate

12 discipline in the discretion of the Federal agency employ13 ing the officer, if that agency determines, after notice and

14 hearing, that the officer conducted the search or seizure

15 lacking a good faith belief that the search or seizure was

16 constitutional.

17 ‘‘§ 2694. Judgment as bar

18 ‘‘The remedy against the United States provided

19 under this chapter shall be the exclusive civil remedy for

20 a violation of the fourth amendment to the Constitution

21 by any investigative or law enforcement officer acting

22 within the scope of the officer’s office or employment.

23 ‘‘§ 2695. Attorneys’ fees and costs

24 ‘‘In an action brought under this chapter, the court

25 may award any claimant who prevails in the action, other
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1 than the United States, reasonable attorney’s fees and

2 other litigation costs reasonably incurred in prosecuting

3 the claim.

4 ‘‘§ 2696. Applicability of other tort claims procedures

5 ‘‘(a) IN GENERAL.—The procedures provided in sec6 tions 2672, 2675, 2677, 2678, 2679, and 2680 apply to

7 an action brought under this chapter.

8 ‘‘(b) TREATMENT AS EMPLOYEE OF THE UNITED

9 STATES.—For the purposes of the sections referred to in

10 subsection (a), an investigative or law enforcement officer

11 who conducts a search or seizure in violation of the fourth

12 amendment to the Constitution shall be treated as if the

13 officer were an ‘employee of the United States’.

14 ‘‘(c) TREATMENT OF STATE OR LOCAL OFFICERS.—

15 A State or local officer who violates the fourth amendment

16 to the Constitution in a case that is later prosecuted in

17 a court of the United States shall, for purposes of this

18 section, be an employee of the United States.’’.

19 (2) TECHNICAL AMENDMENT.—The part analy20 sis for part VI of title 28, United States Code, is

21 amended by inserting after the item relating to

22 chapter 171 the following new item:

‘‘172. Illegal search and seizure ................................................... 2691’’.

23 (d) JURISDICTION.—Section 1346 of title 28, United

24 States Code, is amended by inserting after subsection (f)

25 the following new subsection:
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1 ‘‘(g) The district courts, together with the United

2 States District for the Territory of Guam, the District

3 Court for the Northern Mariana Islands, and the District

4 Court of the Virgin Islands, shall have exclusive original

5 jurisdiction of any civil action on a claim against the Unit6 ed States, for money damages, brought under chapter

7 172.’’.

8 (e) TECHNICAL AMENDMENT.—Section 1402(b) of

9 title 28, United States Code, is amended by inserting ‘‘or

10 subsection (g)’’ after ‘‘subsection (b)’’.

11 (f) EFFECTIVE DATE.—The amendments made by

12 this section shall apply only to claims arising on or after

13 the date of enactment of this Act.

14 SEC. 508. GENERAL HABEAS CORPUS REFORM.

15 (a) PERIOD OF LIMITATION.—Section 2244 of title

16 28, United States Code, is amended by adding at the end

17 the following new subsection:

18 ‘‘(d) A one-year period of limitation shall apply to an

19 application for a writ of habeas corpus by a person in cus20 tody pursuant to the judgment of a State court. The limi21 tation period shall run from the latest of—

22 ‘‘(1) the date on which State remedies are ex23 hausted;

24 ‘‘(2) the date on which the impediment to filing

25 an application created by State action in violation of
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1 the Constitution or laws of the United States is re2 moved, where the applicant was prevented from fil3 ing by such State action;

4 ‘‘(3) the date on which the Federal constitu5 tional right asserted was initially recognized by the

6 Supreme Court, where the right has been newly rec7 ognized by the Court and is made retroactively ap8 plicable; or

9 ‘‘(4) the date on which the factual predicate of

10 the claim or claims presented could have been dis11 covered through the exercise of due diligence.’’.

12 (b) APPEAL.—Section 2253 of title 28, United States

13 Code, is amended to read as follows:

14 ‘‘§ 2253. Appeal

15 ‘‘(a) IN GENERAL.—In a habeas corpus proceeding

16 or a proceeding under section 2255 before a circuit or dis17 trict judge, the final order shall be subject to review, on

18 appeal, by the court of appeals for the circuit where the

19 proceeding is held.

20 ‘‘(b) VALIDITY OF WARRANT OR DETENTION.—

21 There shall be no right of appeal from such an order in

22 a proceeding to test the validity of a warrant to remove,

23 to another district or place for commitment or trial, a per24 son charged with a criminal offense against the United
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1 States, or to test the validity of the detention of such per2 son pending removal proceedings.

3 ‘‘(c) REQUIREMENT FOR CERTIFICATE OF PROBABLE

4 CAUSE.—

5 ‘‘(1) REQUIREMENT.—Unless a circuit justice

6 or judge issues a certificate of probable cause, an

7 appeal may not be taken to the court of appeals

8 from—

9 ‘‘(A) the final order in a habeas corpus

10 proceeding in which the detention complained of

11 arises out of process issued by a State court; or

12 ‘‘(B) the final order in a proceeding under

13 section 2255.

14 ‘‘(2) SUBSTANTIAL SHOWING.—A certificate of

15 probable cause may issue under paragraph (1) only

16 if the petitioner has made a substantial showing of

17 the denial of a Federal constitutional right.

18 ‘‘(3) SPECIFICATION OF ISSUES.—The certifi19 cate of probable cause under paragraph (1) shall in20 dicate which specific issue or issues satisfy the show21 ing required by paragraph (2).’’.

22 (c) AMENDMENT OF FEDERAL RULES OF APPEL23 LATE PROCEDURE.—Rule 22 of the Federal Rules of Ap24 pellate Procedure is amended to read as follows:

25 ‘‘Rule 22. Habeas corpus and section 2255 proceedings
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1 ‘‘(a) Application for an Original Writ of Habeas Cor2 pus.—An application for a writ of habeas corpus shall be

3 made to the appropriate district court. If application is

4 made to a circuit judge, the application shall be trans5 ferred to the appropriate district court. If an application

6 is made to or transferred to the district court and denied,

7 renewal of the application before a circuit judge shall not

8 be permitted. The petitioner may, pursuant to section

9 2253, appeal to the appropriate court of appeals from the

10 order of the district court denying the writ.

11 ‘‘(b) Necessity of Certificate of Probable Cause for Ap12 peal.—In a habeas corpus proceeding in which the deten13 tion complained of arises out of process issued by a State

14 court, and in a motion proceeding pursuant to section

15 2255 of title 28, United States Code, an appeal by the

16 applicant may not proceed unless the Court of Appeals

17 issues a certificate of probable cause. If a request for a

18 certificate of probable cause is addressed to the court of

19 appeals, it shall be deemed addressed to the judges thereof

20 and shall be considered by a panel of the Court of Appeals.

21 If no express request for a certificate is filed, the notice

22 of appeal shall be deemed to constitute a request ad23 dressed to the judges of the Court of Appeals. If an appeal

24 is taken by a State or the Government or its representa25 tive, a certificate of probable cause is not required.’’.
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1 (d) SECTION 2254 AMENDMENT.—Section 2254 of

2 title 28, United States Code, is amended—

3 (1) by amending subsection (b) to read as fol4 lows:

5 ‘‘(b)(1) An application for a writ of habeas corpus

6 on behalf of a person in custody pursuant to the judgment

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

8 that—

9 ‘‘(A) the applicant has exhausted the remedies

10 available in the courts of the State; or

11 ‘‘(B)(i) there is an absence of available State

12 corrective process; or

13 ‘‘(ii) circumstances exist that render such proc14 ess ineffective to protect the rights of the applicant.

15 ‘‘(2) An application may be denied if the court is sat16 isfied that the application is frivolous or malicious, not17 withstanding the failure of the applicant to exhaust the

18 remedies available in the courts of the State.

19 ‘‘(3) A State shall not be deemed to have waived the

20 exhaustion requirement or be estopped from reliance upon

21 the requirement unless the State, through counsel, ex22 pressly waives the requirement.’’;

23 (2) by redesignating subsections (d), (e), and

24 (f) as subsections (e), (f), and (g), respectively;
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1 (3) by inserting after subsection (c) the follow2 ing new subsection:

3 ‘‘(d) An application for a writ of habeas corpus on

4 behalf of a person in custody pursuant to the judgment

5 of a State court shall not be granted with respect to any

6 claim that has been fully and fairly adjudicated in State

7 proceedings.’’;

8 (4) by amending subsection (e), as redesignated

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

10 ‘‘(e)(1) In a proceeding instituted by an application

11 for a writ of habeas corpus by a person in custody pursu12 ant to the judgment of a State court, a determination of

13 a factual issue made in the case by a State court after

14 any procedure sufficient to develop an adequate record

15 shall be presumed to be correct. The applicant shall have

16 the burden of rebutting this presumption by clear and con17 vincing evidence.

18 ‘‘(2) If the applicant has failed to develop the factual

19 basis of a claim in State court proceedings, the Federal

20 court shall not hold an evidentiary hearing on the claim

21 unless the applicant shows that—

22 ‘‘(A) the claim relies on (i) a new rule of con23 stitutional law, made retroactive by the Supreme

24 Court, that was previously unavailable; or (ii) a fac-
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1 tual predicate that could not have been previously

2 discovered through the exercise of due diligence; and

3 ‘‘(B) the facts underlying the claim would be

4 sufficient to establish by clear and convincing evi5 dence that, but for constitutional error, no reason6 able factfinder would have found the petitioner

7 guilty of the underlying offense or eligible for the

8 death penalty under State law.’’; and

9 (5) by adding at the end the following new sub10 section:

11 ‘‘(h) In all proceedings brought under this section,

12 and any subsequent proceedings on review, appointment

13 of counsel for a petitioner who is or becomes financially

14 unable to afford counsel shall be in the discretion of the

15 court, except as provided by a rule promulgated by the

16 Supreme Court pursuant to statutory authority. Appoint17 ment of counsel under this section shall be governed by

18 section 3006A of title 18, United States Code.’’.

19 (e) SECTION 2255 AMENDMENTS.—Section 2255 of

20 title 28, United States Code, is amended—

21 (1) by striking the second and the fifth para22 graphs; and

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

24 paragraphs:
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1 ‘‘A one-year period of limitation shall apply to a mo2 tion under this section. The limitation period shall run

3 from the latest of—

4 ‘‘(1) the date on which the judgment of convic5 tion becomes final;

6 ‘‘(2) the date on which the impediment to mak7 ing a motion created by governmental action in vio8 lation of the Constitution or laws of the United

9 States is removed, where the movant was prevented

10 from making a motion by such governmental action;

11 ‘‘(3) the date on which the right asserted was

12 initially recognized by the Supreme Court, if that

13 right has been newly recognized by the Court and is

14 made retroactively applicable; or

15 ‘‘(4) the date on which the factual predicate of

16 the claim or claims presented could have been dis17 covered through the exercise of due diligence.

18 ‘‘In all proceedings brought under this section, and

19 any subsequent proceedings on review, appointment of

20 counsel for a movant who is or becomes financially unable

21 to afford counsel shall be in the discretion of the court,

22 except as provided by a rule promulgated by the Supreme

23 Court pursuant to statutory authority. Appointment of

24 counsel under this section shall be governed by section

25 3006A of title 18, United States Code.’’.
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1 (f) SECOND OR SUCCESSIVE PETITIONS.—

2 (1) CERTIFICATION.—A second or successive

3 motion must be certified by a panel of the appro4 priate Federal Court of Appeals to contain—

5 (A) newly discovered evidence sufficient to

6 undermine the court’s confidence in the

7 factfinder’s determination of the prisoner’s guilt

8 of the offense or offenses for which the sentence

9 was imposed; or

10 (B) a new rule of constitutional law, made

11 retroactive by the Supreme Court, that was pre12 viously unavailable.

13 (2) CONFORMING AMENDMENT TO SECTION

14 2244(a).—Section 2244(a) of title 28, United States

15 Code, is amended by striking ‘‘and the petition’’ and

16 all that follows through ‘‘by such inquiry.’’ and in17 serting ‘‘except as provided in section 2255.’’.

18 (3) LIMITATIONS ON SECOND OR SUCCESSIVE

19 PETITIONS.—Section 2244(b) of title 28, United

20 States Code, is amended to read as follows:

21 ‘‘(b)(1) A claim presented in a second or successive

22 habeas corpus petition that was not presented in a prior

23 petition shall be dismissed unless—

24 ‘‘(A) the petitioner shows that—
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1 ‘‘(i) the claim relies on a new rule of con2 stitutional law, made retroactive by the Su3 preme Court, that was previously unavailable;

4 or

5 ‘‘(ii) the factual predicate for the claim

6 could not have been discovered previously

7 through the exercise of due diligence; and

8 ‘‘(B) the facts underlying the claim, if proven

9 and viewed in light of the evidence as a whole, would

10 be sufficient to undermine the court’s confidence in

11 the factfinder’s determination of the applicant’s guilt

12 of the offense or offenses for which the sentence was

13 imposed.

14 ‘‘(2)(A) Before a second or successive petition is filed

15 in the district court, the petitioner must move in the ap16 propriate court of appeals for an order authorizing the dis17 trict court to consider the petition.

18 ‘‘(B) A motion in the court of appeals for an order

19 authorizing the district court to consider a successive peti20 tion shall be determined by a three-judge panel of the

21 court of appeals.

22 ‘‘(C) The court of appeals may authorize the filing

23 of a successive petition only if it determines that the peti24 tioner has made a prima facie showing that the petition

25 satisfies the requirements of this section.
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1 ‘‘(D) The grant or denial of an authorization by the

2 court of appeals to file a second or successive petition shall

3 not be appealable.

4 ‘‘(3) A district court shall dismiss any claim pre5 sented in a second or successive petition that the court

6 of appeals has authorized to be filed unless the applicant

7 shows that the claim satisfies the requirements of this

8 section.’’.

9 SEC. 509. TECHNICAL AMENDMENT.

10 Section 848(q) of title 21, United States Code, is

11 amended by striking all references to section 2254.

12 SEC. 510. DEATH PENALTY LITIGATION PROCEDURES.

13 (a) ADDITION OF CHAPTER.—Title 28, United States

14 Code, is amended by inserting after chapter 153 the fol15 lowing new chapter:

16 ‘‘CHAPTER 154—SPECIAL HABEAS CORPUS

17 PROCEDURES IN CAPITAL CASES

‘‘Sec.

‘‘2256. Prisoners in State custody subject to capital sentence; appointment of

counsel; requirement of rule of court or statute; procedures for

appointment.

‘‘2257. Mandatory stay of execution; duration; limits on stays of execution; successive petitions.

‘‘2258. Filing of habeas corpus petition; time requirements; tolling rules.

‘‘2259. Evidentiary hearings; scope of Federal review; district court adjudication.

‘‘2260. Certificate of probable cause inapplicable.

‘‘2261. Application to state unitary review procedures.

‘‘2262. Limitation periods for determining petitions.

‘‘2263. Rule of construction.
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1 ‘‘§ 2256. Prisoners in State custody subject to capital

2 sentence; appointment of counsel; re3 quirement of rule of court or statute; pro4 cedures for appointment

5 ‘‘(a) APPLICATION OF CHAPTER.—This chapter shall

6 apply to cases arising under section 2254 brought by pris7 oners in State custody who are subject to a capital sen8 tence. It shall apply only if the provisions of subsections

9 (b) and (c) are satisfied.

10 ‘‘(b) ESTABLISHMENT OF APPOINTMENT MECHA11 NISM.—This chapter is applicable if a State establishes by

12 rule of its court of last resort or by statute a mechanism

13 for the appointment, compensation and payment of rea14 sonable litigation expenses of competent counsel in State

15 postconviction proceedings brought by indigent prisoners

16 whose capital convictions and sentences have been upheld

17 on direct appeal to the court of last resort in the State

18 or have otherwise become final for State law purposes. The

19 rule of court or statute must provide standards of com20 petency for the appointment of such counsel.

21 ‘‘(c) OFFER OF COUNSEL.—Any mechanism for the

22 appointment, compensation and reimbursement of counsel

23 as provided in subsection (b) must offer counsel to all

24 State prisoners under capital sentence and must provide

25 for the entry of an order by a court of record—
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1 ‘‘(1) appointing 1 or more counsel to represent

2 the prisoner upon a finding that the prisoner is indi3 gent and accepted the offer or is unable competently

4 to decide whether to accept or reject the offer;

5 ‘‘(2) finding, after a hearing if necessary, that

6 the prisoner rejected the offer of counsel and made

7 the decision with an understanding of its legal con8 sequences; or

9 ‘‘(3) denying the appointment of counsel upon

10 a finding that the prisoner is not indigent.

11 ‘‘(d) PREVIOUS REPRESENTATION.—No counsel ap12 pointed pursuant to subsections (b) and (c) to represent

13 a State prisoner under capital sentence shall have pre14 viously represented the prisoner at trial or on direct appeal

15 in the case for which the appointment is made unless the

16 prisoner and counsel expressly request continued represen17 tation.

18 ‘‘(e) NO GROUND FOR RELIEF.—The ineffectiveness

19 or incompetence of counsel during Federal or State collat20 eral postconviction proceedings in a capital case shall not

21 be a ground for relief in a proceeding arising under section

22 2254. This limitation shall not preclude the appointment

23 of different counsel, on the court’s own motion or at the

24 request of the prisoner, at any phase of State or Federal
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1 postconviction proceedings on the basis of the ineffective2 ness or incompetence of counsel in such proceedings.

3 ‘‘§ 2257. Mandatory stay of execution; duration; limits

4 on stays of execution; successive peti5 tions

6 ‘‘(a) STAY.—Upon the entry in the appropriate State

7 court of record of an order under section 2256(c), a war8 rant or order setting an execution date for a State pris9 oner shall be stayed upon application to any court that

10 would have jurisdiction over any proceedings filed under

11 section 2254. The application must recite that the State

12 has invoked the postconviction review procedures of this

13 chapter and that the scheduled execution is subject to

14 stay.

15 ‘‘(b) EXPIRATION OF STAY.—A stay of execution

16 granted pursuant to subsection (a) shall expire if—

17 ‘‘(1) a State prisoner fails to file a habeas cor18 pus petition under section 2254 within the time re19 quired in section 2258, or fails to make a timely ap20 plication for court of appeals review following the de21 nial of such a petition by a district court;

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

23 of appeals review under section 2254 the petition for

24 relief is denied and—
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1 ‘‘(A) the time for filing a petition for cer2 tiorari has expired and no petition has been

3 filed;

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

5 filed and the Supreme Court denied the peti6 tion; or

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

8 filed and upon consideration of the case, the

9 Supreme Court disposed of it in a manner that

10 left the capital sentence undisturbed; or

11 ‘‘(3) before a court of competent jurisdiction, in

12 the presence of counsel and after having been ad13 vised of the consequences of his decision, a State

14 prisoner under capital sentence waives the right to

15 pursue habeas corpus review under section 2254.

16 ‘‘(c) LIMITATION ON FURTHER STAY.—If one of the

17 conditions in subsection (b) has occurred, no Federal court

18 thereafter shall have the authority to enter a stay of execu19 tion or grant relief in a capital case unless—

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

21 is a claim not previously presented in the State or

22 Federal courts;

23 ‘‘(2) the failure to raise the claim is—
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1 ‘‘(A) the result of State action in violation

2 of the Constitution or laws of the United

3 States;

4 ‘‘(B) the result of the Supreme Court rec5 ognition of a new Federal right that is made

6 retroactively applicable; or

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

8 could not have been discovered through the ex9 ercise of due diligence in time to present the

10 claim for State or Federal postconviction

11 review;

12 ‘‘(3) the facts underlying the claim if proven

13 and viewed in light of the evidence as a whole, would

14 be sufficient to establish by clear and convincing evi15 dence that but for constitutional error, no reasonable

16 factfinder would have found the petitioner guilty of

17 the underlying offense or eligible for the death pen18 alty under State law;

19 ‘‘(4) the court of appeals approves the filing of

20 a second or successive petition that—

21 ‘‘(A) is the result of the Supreme Court

22 recognition of a new Federal right that is made

23 retroactively applicable; or

24 ‘‘(B) is based on a factual predicate that

25 could not have been discovered through the ex-
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1 ercise of due diligence in time to present the

2 claim for State or Federal postconviction re3 view; and

4 ‘‘(5) the facts underlying the claim if proven

5 and viewed in light of the evidence as a whole, would

6 be sufficient to establish by clear and convincing evi7 dence that but for constitutional error, no reasonable

8 factfinder would have found the petitioner guilty of

9 the underlying offense or eligible for the death pen10 alty under State law.

11 ‘‘§ 2258. Filing of habeas corpus petition; time

12 requirements; tolling rules

13 ‘‘(a) FILING.—A petition for habeas corpus relief

14 under section 2254 must be filed in the appropriate dis15 trict court within 180 days from the filing in the appro16 priate State court of record of an order under section

17 2256(c).

18 ‘‘(b) TOLLING.—The time requirements established

19 by this section shall be tolled—

20 ‘‘(1) from the date that a petition for certiorari

21 is filed in the Supreme Court until the date of final

22 disposition of the petition if a State prisoner files

23 the petition to secure review by the Supreme Court

24 of the affirmance of a capital sentence on direct re-
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1 view by the court of last resort of the State or other

2 final State court decision on direct review;

3 ‘‘(2) during any period in which a State pris4 oner under capital sentence has a properly filed re5 quest for postconviction review pending before a

6 State court of competent jurisdiction; if all State fil7 ing rules are met in a timely manner, this period

8 shall run continuously from the date that the State

9 prisoner initially files for postconviction review until

10 final disposition of the case by the highest court of

11 the State, but the time requirements established by

12 this section are not tolled during the pendency of a

13 petition for certiorari before the Supreme Court ex14 cept as provided in paragraph (1); and

15 ‘‘(3) during an additional period not to exceed

16 30 days, if—

17 ‘‘(A) a motion for an extension of time is

18 filed in the Federal district court that would

19 have proper jurisdiction over the case upon the

20 filing of a habeas corpus petition under section

21 2254; and

22 ‘‘(B) a showing of good cause is made for

23 the failure to file the habeas corpus petition

24 within the time period established by this

25 section.
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1 ‘‘§ 2259. Evidentiary hearings; scope of Federal re2 view; district court adjudication

3 ‘‘(a) REVIEW OF RECORD; HEARING.—Whenever a

4 State prisoner under a capital sentence files a petition for

5 habeas corpus relief to which this chapter applies, the dis6 trict court shall, within the time limits required by section

7 2267—

8 ‘‘(1) determine the sufficiency of the record for

9 habeas corpus review based on the claims actually

10 presented and litigated in the State courts except

11 when the prisoner can show that the failure to raise

12 or develop a claim in the State courts is—

13 ‘‘(A) the result of State action in violation

14 of the Constitution or laws of the United

15 States;

16 ‘‘(B) the result of the Supreme Court rec17 ognition of a new Federal right that is made

18 retroactively applicable; or

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

20 could not have been discovered through the ex21 ercise of due diligence in time to present the

22 claim for State postconviction review; and

23 ‘‘(2) conduct any requested evidentiary hearing

24 necessary to complete the record for habeas corpus

25 review.
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1 ‘‘(b) ADJUDICATION.—Upon the development of a

2 complete evidentiary record, the district court shall rule

3 on the claims that are properly before it, but the court

4 shall not grant relief from a judgment of conviction or sen5 tence on the basis of any claim that was fully and fairly

6 adjudicated in State proceedings.

7 ‘‘§ 2260. Certificate of probable cause inapplicable

8 ‘‘The requirement of a certificate of probable cause

9 in order to appeal from the district court to the court of

10 appeals does not apply to habeas corpus cases subject to

11 this chapter except when a second or successive petition

12 is filed.

13 ‘‘§ 2261. Application to State unitary review proce14 dure

15 ‘‘(a) IN GENERAL.—

16 ‘‘(1) DEFINITION.—For purposes of this sec17 tion, the term ‘unitary review procedure’ means a

18 State procedure that authorizes a person under sen19 tence of death to raise, in the course of direct review

20 of the judgment, such claims as could be raised on

21 collateral attack.

22 ‘‘(2) APPLICATION OF CHAPTER.—This chapter

23 shall apply, as provided in this section, in relation to

24 a State unitary review procedure if the State estab25 lishes by rule of its court of last resort or by statute
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1 a mechanism for the appointment, compensation,

2 and payment of reasonable litigation expenses of

3 competent counsel in the unitary review proceedings,

4 including expenses relating to the litigation of collat5 eral claims in the proceedings.

6 ‘‘(3) STANDARDS OF COMPETENCY.—A rule of

7 court or statute described in paragraph (2) must

8 provide standards of competency for the appoint9 ment of counsel.

10 ‘‘(b) OFFER OF COUNSEL.—

11 ‘‘(1) IN GENERAL.—To qualify under this sec12 tion, a unitary review procedure, to qualify under

13 this section, must include an offer of counsel follow14 ing trial for the purpose of representation on unitary

15 review, and entry of an order, as provided in section

16 2256(c), concerning appointment of counsel or waiv17 er or denial of appointment of counsel for that pur18 pose.

19 ‘‘(2) NO PREVIOUS REPRESENTATION.—No

20 counsel appointed to represent the prisoner in the

21 unitary review proceedings shall have previously rep22 resented the prisoner at trial in the case for which

23 the appointment is made unless the prisoner and

24 counsel expressly request continued representation.

25 ‘‘(c) APPLICATION OF OTHER SECTIONS.—
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1 ‘‘(1) IN GENERAL.—Sections 2257, 2258, 2259,

2 2260, and 2262 shall apply in relation to cases in3 volving a sentence of death from any State having

4 a unitary review procedure that qualifies under this

5 section.

6 ‘‘(2) REFERENCES.—References to State ‘post7 conviction review’ and ‘direct review’ in those sec8 tions shall be understood as referring to unitary re9 view under the State procedure. The references in

10 sections 2257(a) and 2258 to ‘an order under sec11 tion 2256(c)’ shall be understood as referring to the

12 post-trial order under subsection (b) concerning rep13 resentation in the unitary review proceedings, but if

14 a transcript of the trial proceedings is unavailable at

15 the time of the filing of such an order in the appro16 priate State court, the start of the 180-day limita17 tion period under section 2258 shall be deferred

18 until a transcript is made available to the prisoner

19 or the prisoner’s counsel.

20 ‘‘§ 2262. Limitation periods for determining petitions

21 ‘‘(a) IN GENERAL.—The adjudication of any petition

22 under section 2254 that is subject to this chapter, and

23 the adjudication of any motion under section 2255 by a

24 person under sentence of death, shall be given priority by
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1 the district court and by the court of appeals over all

2 noncapital matters.

3 ‘‘(b) TIME LIMITATIONS FOR CONSIDERATION BY

4 THE DISTRICT COURTS OF HABEAS CORPUS PETITIONS

5 IN CAPITAL CASES.—

6 ‘‘(1) IN GENERAL.—

7 ‘‘(A) FINAL DETERMINATION WITHIN 180

8 DAYS.—Except to the extent that a longer pe9 riod of time is required in order that each of

10 the parties will have been accorded at least as

11 many days as provided in the rules in which to

12 complete all actions, including preparation of

13 briefs and, if necessary, a hearing prior to the

14 submission of the case for decision, a district

15 court shall render a final determination of any

16 petition for a writ of habeas corpus brought

17 under this chapter in a capital case not later

18 than 180 days after the date on which the peti19 tion is filed.

20 ‘‘(B) DELAY.—(i) A district court may

21 delay for not more than one additional 180-day

22 period beyond the period specified in subpara23 graph (A), the rendering of a determination of

24 a petition for a writ of habeas corpus if the

25 court issues a written order making a finding,
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1 and stating the reasons for the finding, that the

2 ends of justice that would be served by allowing

3 the delay outweigh the best interests of the

4 public and the petitioner in a speedy disposition

5 of the petition.

6 ‘‘(ii) The factors, among others, that a

7 court shall consider in determining whether a

8 delay in the disposition of a petition is war9 ranted are as follows:

10 ‘‘(I) Whether the failure to allow the

11 delay would be likely to result in a mis12 carriage of justice.

13 ‘‘(II) Whether the case is so unusual

14 or so complex, due to the number of de15 fendants, the nature of the prosecution, or

16 the existence of novel questions of fact or

17 law, that it is unreasonable to expect ade18 quate briefing within the time limit estab19 lished by subparagraph (A).

20 ‘‘(III) Whether the failure to allow a

21 delay in a case, that taken as a whole, is

22 not so unusual or so complex as described

23 in clause (ii), would deny the petitioner

24 reasonable time to obtain counsel, would

25 unreasonably deny the petitioner or the
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1 government continuity of counsel, or would

2 deny counsel for the petitioner or the gov3 ernment the reasonable time necessary for

4 effective preparation, taking into account

5 the exercise of due diligence.

6 ‘‘(iii) No delay in disposition shall be per7 missible because of general congestion of the

8 court’s calendar.

9 ‘‘(iv) The court shall transmit a copy of

10 any order issued under clause (i) to the Direc11 tor of the Administrative Office of the United

12 States Courts for inclusion in the report under

13 paragraph (5).

14 ‘‘(2) APPLICATION.—The time limitations under

15 paragraph (1) shall apply to—

16 ‘‘(A) an initial petition for a writ of habeas

17 corpus;

18 ‘‘(B) any second or successive petition for

19 a writ of habeas corpus; and

20 ‘‘(C) any redetermination of a petition for

21 a writ of habeas corpus following a remand by

22 the court of appeals or the Supreme Court for

23 further proceedings, in which case the limita24 tion period shall run from the date the remand

25 is ordered.
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1 ‘‘(3) RULE OF CONSTRUCTION.—The time limi2 tations under this section shall not be construed to

3 entitle a petitioner to a stay of execution, to which

4 the petitioner would otherwise not be entitled, for

5 the purpose of litigating any petition or appeal.

6 ‘‘(4) FAILURE TO RENDER TIMELY DETERMINA7 TION.—

8 ‘‘(A) NO GROUND FOR RELIEF.—The fail9 ure of a court to meet or comply with a time

10 limitation under this section shall not be a

11 ground for granting relief from a judgment of

12 conviction or sentence.

13 ‘‘(B) ENFORCEMENT.—The government

14 may enforce a time limitation under this section

15 by petitioning for a writ of mandamus to the

16 court of appeals. The Court of Appeals shall act

17 on the petition for a writ or mandamus not

18 later than 30 days after the filing of the peti19 tion.

20 ‘‘(5) REPORT.—

21 ‘‘(A) IN GENERAL.—The Administrative

22 Office of United States Courts shall submit to

23 Congress an annual report on the compliance

24 by the district courts with the time limitations

25 under this section.
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1 ‘‘(B) CONTENTS.—The report described in

2 subparagraph (A) shall include copies of the or3 ders submitted by the district courts under

4 paragraph (1)(B)(iv).

5 ‘‘(c) TIME LIMITATIONS FOR CONSIDERATION OF

6 DISTRICT COURT DETERMINATIONS OF HABEAS CORPUS

7 PETITIONS IN CAPITAL CASES.—

8 ‘‘(1) IN GENERAL.—

9 ‘‘(A) FINAL DETERMINATION WITHIN 120

10 DAYS.—A court of appeals shall hear and

11 render a final determination of any appeal of an

12 order granting or denying, in whole or in part,

13 a petition brought under this chapter in a cap14 ital case not later than 120 days after the date

15 on which the reply brief is filed, or if no reply

16 brief is filed, not later than 120 days after the

17 date on which the answering brief is filed.

18 ‘‘(B) HEARING EN BANC.—(i) A court of

19 appeals shall decide whether to grant a petition

20 for rehearing or other request for rehearing en

21 banc not later than 30 days after the date on

22 which the petition for rehearing is filed unless

23 a responsive pleading is required, in which case

24 the court shall decide whether to grant the peti-
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1 tion not later than 30 days after the date on

2 which the responsive pleading is filed.

3 ‘‘(ii) If a petition for rehearing or rehear4 ing en banc is granted, the court of appeals

5 shall hear and render a final determination of

6 the appeal not later than 120 days after the

7 date on which the order granting rehearing or

8 rehearing en banc is entered.

9 ‘‘(2) APPLICATION.—The time limitations under

10 paragraph (1) shall apply to—

11 ‘‘(A) an initial petition for a writ of habeas

12 corpus;

13 ‘‘(B) any second or successive petition for

14 a writ of habeas corpus; and

15 ‘‘(C) any redetermination of a petition for

16 a writ of habeas corpus or related appeal follow17 ing a remand by the court of appeals or the Su18 preme Court for further proceedings, in which

19 case the limitation period shall run from the

20 date the remand is ordered.

21 ‘‘(3) RULE OF CONSTRUCTION.—The time limi22 tations under this section shall not be construed to

23 entitle a petitioner to a stay of execution, to which

24 the petitioner would otherwise not be entitled, for

25 the purpose of litigating any petition or appeal.
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1 ‘‘(4) FAILURE TO RENDER TIMELY DETERMINA2 TION.—

3 ‘‘(A) NO GROUND FOR RELIEF.—The fail4 ure of a court to meet or comply with a time

5 limitation under this section shall not be a

6 ground for granting relief from a judgment of

7 conviction or sentence.

8 ‘‘(B) ENFORCEMENT.—The government

9 may enforce a time limitation under this section

10 by applying for a writ of mandamus to the Su11 preme Court.

12 ‘‘(5) REPORT.—The Administrative Office of

13 United States Courts shall submit to Congress an

14 annual report on the compliance by the district

15 courts and courts of appeals with the time limita16 tions under this section.’’.

17 (b) TECHNICAL AMENDMENT.—The part analysis for

18 part IV of title 28, United States Code, is amended by

19 adding after the item relating to chapter 153 the following

20 new item:

‘‘154. Special habeas corpus procedures in capital

cases ............................................................................ 2261.’’.
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1 TITLE VI—PREVENTION OF

2 TERRORISM

3 SEC. 601. WILLFUL VIOLATION OF FEDERAL AVIATION AD4 MINISTRATION REGULATIONS.

5 (a) IN GENERAL.—Chapter 2 of title 18, United

6 States Code, as amended by section 60021(a) of the Vio7 lent Crime Control and Safe Streets Act of 1968, is

8 amended by adding at the end the following new section:

9 ‘‘§ 38. Violations of Federal aviation security regula10 tions

11 ‘‘A person who willfully violates a security regulation

12 under part 107 or 108 of title 14, Code of Federal Regula13 tions (relating to airport and airline security) issued pur14 suant to section 44901 or 44903 of title 49, United States

15 Code, or a successor part, shall be fined under this title,

16 imprisoned not more than 1 year, or both.’’.

17 (b) TECHNICAL AMENDMENT.—The chapter analysis

18 for chapter 2 of title 18, United States Code, as amended

19 by section 719(b), is amended by adding at the end the

20 following new item:

‘‘38. Violations of Federal aviation security regulations.’’.
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1 SEC. 602. ASSAULTS, MURDERS, AND THREATS AGAINST

2 FORMER FEDERAL OFFICIALS IN PERFORM3 ANCE OF OFFICIAL DUTIES.

4 Section 115(a)(2) of title 18, United States Code, is

5 amended by inserting ‘‘, or threatens to assault, kidnap,

6 or murder, any person who formerly served as a person

7 designated in paragraph (1), or’’ after ‘‘assaults, kidnaps,

8 or murders, or attempts to kidnap or murder’’.

9 SEC. 603. WIRETAP AUTHORITY FOR ALIEN SMUGGLING

10 AND RELATED OFFENSES AND INCLUSION OF

11 ALIEN SMUGGLING AS A RICO PREDICATE.

12 (a) IN GENERAL.—Section 2516(1) of title 18, Unit13 ed States Code, is amended—

14 (1) in paragraph (c) by inserting after ‘‘section

15 175 (relating to biological weapons),’’ the following:

16 ‘‘or a felony violation under section 1028 (relating to

17 production of false identification documentation),

18 section 1542 (relating to false statements in pass19 port applications), section 1546 (relating to fraud

20 and misuse of visas, permits, and other docu21 ments),’’;

22 (2) by redesignating paragraphs (m), (n), and

23 (o) as paragraphs (n), (o), and (p), respectively; and

24 (3) by inserting after paragraph (l) the follow25 ing new paragraph:
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1 ‘‘(m) a violation of (i) section 274 of the Immigration

2 and Nationality Act (8 U.S.C. 1324) (relating to alien

3 smuggling), (ii) section 277 of the Immigration and Na4 tionality Act (8 U.S.C. 1327) (relating to the smuggling

5 of aliens convicted of aggravated felonies or of aliens sub6 ject to exclusion on grounds of national security), or (iii)

7 section 278 of the Immigration and Nationality Act (8

8 U.S.C. 1328) (relating to smuggling of aliens for the pur9 pose of prostitution);’’.

10 (b) DEFINITION OF RACKETEERING.—Section

11 1961(1) of title 18, United States Code, is amended—

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

13 (2) by inserting after ‘‘Currency and Foreign

14 Transactions Reporting Act’’ the following: ‘‘, or (F)

15 any act (or conspiracy to commit any act) which is

16 indictable under section 274(a) (1) of the Immigra17 tion and Nationality Act (8 U.S.C. 1324(a) (1))

18 (dealing with prohibitions on bringing in and harbor19 ing certain aliens)’’.

20 SEC. 604. AUTHORIZATION FOR INTERCEPTIONS OF COM21 MUNICATIONS IN CERTAIN TERRORISM-RE22 LATED OFFENSES.

23 Section 2516(1)(c) of title 18, United States Code,

24 as amended by section 703, is further amended—
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1 (1) in subsection (c), by inserting before ‘‘or

2 section 1992 (relating to wrecking trains)’’ the fol3 lowing: ‘‘section 2332 (relating to terrorist acts

4 abroad), section 2332a (relating to weapons of mass

5 destruction), section 2339A (relating to providing

6 material support to terrorists), section 37 (relating

7 to violence at airports),’’; and

8 (2) by redesignating subparagraph (p) as sub9 paragraph (q) and adding the following new sub10 paragraph (p):

11 ‘‘(p) any violation of section 956 or section 960 of

12 title 18, United States Code (relating to certain actions

13 against foreign nations);’’.

14 SEC. 605. PARTICIPATION OF FOREIGN AND STATE GOV15 ERNMENT PERSONNEL IN INTERCEPTIONS

16 OF COMMUNICATIONS.

17 Section 2518(5) of title 18, United States Code, is

18 amended by inserting ‘‘(including personnel of a foreign

19 government or of a State or subdivision of a State)’’ after

20 ‘‘Government personnel’’.

21 SEC. 606. DISCLOSURE OF INTERCEPTED COMMUNICA22 TIONS TO FOREIGN LAW ENFORCEMENT

23 AGENCIES.

24 Section 2510(7) of title 18, United States Code, is

25 amended by inserting before the semicolon the following:
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1 ‘‘and, for purposes of section 2517(1)–(2), any person au2 thorized to perform investigative, law enforcement, or

3 prosecutorial functions by a foreign government’’.

4 SEC. 607. ALIEN TERRORIST REMOVAL.

5 The Immigration and Nationality Act (8 U.S.C. 1101

6 et seq.) is amended by inserting the following new section:

7 ‘‘REMOVAL OF ALIEN TERRORISTS

8 ‘‘SEC. 242C. (a) DEFINITIONS.—As used in this sec9 tion—

10 ‘‘(1) the term ‘alien terrorist’ means any alien

11 described in section 241(a)(4)(B);

12 ‘‘(2) the term ‘classified information’ has the

13 same meaning as defined in section 1(a) of the Clas14 sified Information Procedures Act (18 U.S.C. App.

15 IV);

16 ‘‘(3) the term ‘national security’ has the same

17 meaning as defined in section 1(b) of the Classified

18 Information Procedures Act (18 U.S.C. App. IV);

19 ‘‘(4) the term ‘special court’ means the court

20 described in subsection (c) of this section; and

21 ‘‘(5) the ‘special removal hearing’ means the

22 hearing described in subsection (e) of this section.

23 ‘‘(b) APPLICATION FOR USE OF PROCEDURES.—The

24 provisions of this section shall apply whenever the Attor25 ney General certifies under seal to the special court that—
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1 ‘‘(1) the Attorney General or Deputy Attorney

2 General has approved of the proceeding under this

3 section;

4 ‘‘(2) an alien terrorist is physically present in

5 the United States; and

6 ‘‘(3) removal of such alien terrorist by deporta7 tion proceedings described in sections 242, 242A, or

8 242B would pose a risk to the national security of

9 the United States because such proceedings would

10 disclose classified information.

11 ‘‘(c) SPECIAL COURT.—(1) The Chief Justice of the

12 United States shall publicly designate up to 7 judges from

13 up to 7 United States judicial districts to hear and decide

14 cases arising under this section, in a manner consistent

15 with the designation of judges described in section 103(a)

16 of the Foreign Intelligence Surveillance Act (50 U.S.C.

17 1803(a)).

18 ‘‘(2) The Chief Justice may, in the Chief Justice’s

19 discretion, designate the same judges under this section

20 as are designated pursuant to section 1803(a) of title 50,

21 United States Code.

22 ‘‘(d) INVOCATION OF SPECIAL COURT PROCE23 DURE.—(1) When the Attorney General makes the appli24 cation described in subsection (b), a single judge of the
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1 special court shall consider the application in camera and

2 ex parte.

3 ‘‘(2) The judge shall invoke the procedures of sub4 section (e), if the judge determines that there is probable

5 cause to believe that—

6 ‘‘(A) the alien who is the subject of the applica7 tion has been correctly identified;

8 ‘‘(B) a deportation proceeding described in sec9 tion 242, 242A, or 242B would pose a risk to the

10 national security of the United States because such

11 proceedings would disclose classified information;

12 and

13 ‘‘(C) the threat posed by the alien’s physical

14 presence is immediate and involves the risk of death

15 or serious bodily harm.

16 ‘‘(e) SPECIAL REMOVAL HEARING.—(1) Except as

17 provided in paragraph (4), the special removal hearing au18 thorized by a showing of probable cause described in sub19 section (d)(2) shall be open to the public.

20 ‘‘(2) The alien shall have a right to be present at such

21 hearing and to be represented by counsel. Any alien finan22 cially unable to obtain counsel shall be entitled to have

23 counsel assigned to represent such alien. Counsel may be

24 appointed as described in section 3006A of title 18, United

25 States Code.
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1 ‘‘(3) The alien shall have a right to introduce evi2 dence on his own behalf, and except as provided in para3 graph (4), shall have a right to cross-examine any witness

4 or request that the judge issue a subpoena for the pres5 ence of a named witness.

6 ‘‘(4) The judge shall authorize the introduction in

7 camera and ex parte of any item of evidence for which

8 the judge determines that public disclosure would pose a

9 risk to the national security of the United States because

10 it would disclose classified information.

11 ‘‘(5) With respect to any evidence described in para12 graph (4), the judge shall cause to be delivered to the alien

13 either—

14 ‘‘(A)(i) the substitution for such evidence of a

15 statement admitting relevant facts that the specific

16 evidence would tend to prove, or (ii) the substitution

17 for such evidence of a summary of the specific evi18 dence; or

19 ‘‘(B) if disclosure of even the substituted evi20 dence described in subparagraph (A) would create a

21 substantial risk of death or serious bodily harm to

22 any person, a statement informing the alien that no

23 such summary is possible.

24 ‘‘(6) If the judge determines—
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1 ‘‘(A) that the substituted evidence described in

2 paragraph (4)(B) will provide the alien with sub3 stantially the same ability to make his defense as

4 would disclosure of the specific evidence, or

5 ‘‘(B) that disclosure of even the substituted evi6 dence described in paragraph (5)(A) would create a

7 substantial risk of death or serious bodily harm to

8 any person,

9 then the determination of deportation (described in sub10 section (f)) may be made pursuant to this section.

11 ‘‘(f) DETERMINATION OF DEPORTATION.—(1) If the

12 determination in subsection (e)(6)(A) has been made, the

13 judge shall, considering the evidence on the record as a

14 whole, require that the alien be deported if the Attorney

15 General proves, by clear and convincing evidence, that the

16 alien is subject to deportation because he is an alien as

17 described in section 241(a)(4)(B).

18 ‘‘(2) If the determination in subsection (e)(6)(B) has

19 been made, the judge shall, considering the evidence re20 ceived (in camera and otherwise), require that the alien

21 be deported if the Attorney General proves, by clear, con22 vincing, and unequivocal evidence, that the alien is subject

23 to deportation because he is an alien as described in sec24 tion 241(a)(4)(B).
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1 ‘‘(g) APPEALS.—(1) The alien may appeal a deter2 mination under subsection (f) to the court of appeals for

3 the Federal Circuit, by filing a notice of appeal with such

4 court within 20 days of the determination under such sub5 section.

6 ‘‘(2) The Attorney General may appeal a determina7 tion under subsection (d), (e), or (f) to the court of appeals

8 for the Federal Circuit, by filing a notice of appeal with

9 such court within 20 days of the determination under any

10 one of such subsections.

11 ‘‘(3) When requested by the Attorney General, the

12 entire record of the proceeding under this section shall be

13 transmitted to the court of appeals under seal. The court

14 of appeals shall consider such appeal in camera and ex

15 parte.’’.

16 SEC. 608. TERRITORIAL SEA.

17 (a) TERRITORIAL SEA EXTENDING TO TWELVE

18 MILES INCLUDED IN SPECIAL MARITIME AND TERRI19 TORIAL JURISDICTION.—The Congress declares that all

20 the territorial sea of the United States, as defined by Pres21 idential Proclamation 5928 of December 27, 1988, is part

22 of the United States, subject to its sovereignty, and, for

23 purposes of Federal criminal jurisdiction, is within the

24 special maritime and territorial jurisdiction of the United
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1 States wherever that term is used in title 18, United

2 States Code.

3 (b) ASSIMILATED CRIMES IN EXTENDED TERRI4 TORIAL SEA.—Section 13 of title 18, United States Code

5 (relating to the adoption of State laws for areas within

6 Federal jurisdiction), is amended—

7 (1) in subsection (a), by inserting after ‘‘title’’

8 the following: ‘‘or on, above, or below any portion of

9 the territorial sea of the United States not within

10 the territory of any State, Territory, Possession, or

11 District’’; and

12 (2) by adding at the end the following new sub13 section:

14 ‘‘(c) Whenever any waters of the territorial sea of the

15 United States lie outside the territory of any State, Terri16 tory, Possession, or District, such waters (including the

17 airspace above and the seabed and subsoil below, and arti18 ficial islands and fixed structures erected thereon) shall

19 be deemed for purposes of subsection (a) to lie within the

20 area of that State, Territory, Possession, or District it

21 would lie within if the boundaries of such State, Territory,

22 Possession, or District were extended seaward to the outer

23 limit of the territorial sea of the United States.’’.
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1 SEC. 609. CLARIFICATION AND EXTENSION OF CRIMINAL

2 JURISDICTION OVER CERTAIN TERRORISM

3 OFFENSES OVERSEAS.

4 (a) Section 46502(b) of title 49, United States Code

5 is amended—

6 (1) in paragraph (b)(1), by striking ‘‘, and later

7 found in the United States’’;

8 (2) by amending paragraph (b)(2) to read as

9 follows:

10 ‘‘(2) The courts of the United States shall have juris11 diction over the offense in paragraph (1) if—

12 ‘‘(A) a national of the United States was

13 aboard the aircraft at the time of the offense;

14 ‘‘(B) an offender is a national of the United

15 States; or

16 ‘‘(C) an offender is later found in the United

17 States.’’; and

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

19 paragraph:

20 ‘‘(3) For purposes of this subsection, the term ‘na21 tional of the United States’ has the meaning prescribed

22 in section 101(a)(22) of the Immigration and Nationality

23 Act (8 U.S.C. 1101(a)(22)).’’.

24 (b) Section 32(b) of title 18, United States Code, is

25 amended—
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1 (1) by striking ‘‘, if the offender is later found

2 in the United States,’’; and

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

4 paragraphs:

5 ‘‘(5) The courts of the United States shall have juris6 diction over an offense in this subsection if—

7 ‘‘(A) a national of the United States was on

8 board, or would have been on board, the aircraft at

9 the time of the offense;

10 ‘‘(B) an offender is a national of the United

11 States; or

12 ‘‘(C) an offender is afterwards found in the

13 United States.

14 ‘‘(6) For purposes of this subsection, the term ‘na15 tional of the United States’ has the meaning prescribed

16 in section 101(a)(22) of the Immigration and Nationality

17 Act (8 U.S.C. 1101(a)(22)).’’.

18 (c) Section 1116 of title 18, United States Code, is

19 amended—

20 (1) in subsection (b), by adding at the end the

21 following new paragraph:

22 ‘‘(7) ‘national of the United States’ has the

23 meaning prescribed in section 101(a)(22) of the Im24 migration and Nationality Act (8 U.S.C.

25 1101(a)(22)).’’; and
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1 (2) in subsection (c), by striking the first sen2 tence and inserting the following:

3 ‘‘If the victim of an offense under sub4 section (a) is an internationally protected per5 son outside the United States, the United

6 States may exercise jurisdiction over the offense

7 if (1) the victim is a representative, officer, em8 ployee, or agent of the United States, (2) an of9 fender is a national of the United States, or (3)

10 an offender is afterwards found in the United

11 States.’’.

12 (d) Section 112 of title 18, United States Code, is

13 amended—

14 (1) in subsection (c), by inserting ‘‘, ‘national

15 of the United States,’ ’’ before ‘‘and’’; and

16 (2) in subsection (e), by striking the first sen17 tence and inserting the following:

18 ‘‘If the victim of an offense under sub19 section (a) is an internationally protected per20 son outside the United States, the United

21 States may exercise jurisdiction over the offense

22 if (1) the victim is a representative, officer, em23 ployee, or agent of the United States, (2) an of24 fender is a national of the United States, or (3)
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1 an offender is afterwards found in the United

2 States.’’.

3 (e) Section 878 of title 18, United States Code, is

4 amended—

5 (1) in subsection (c), by inserting ‘‘, ‘national

6 of the United States,’ ’’ before ‘‘and’’; and

7 (2) in subsection (d), by striking the first sen8 tence and inserting the following:

9 ‘‘If the victim of an offense under sub10 section (a) is an internationally protected per11 son outside the United States, the United

12 States may exercise jurisdiction over the offense

13 if (1) the victim is a representative, officer, em14 ployee, or agent of the United States, (2) an of15 fender is a national of the United States, or (3)

16 an offender is afterwards found in the United

17 States.’’.

18 (f) Section 1201(e) of title 18, United States Code,

19 is amended—

20 (1) by striking the first sentence and inserting

21 the following:

22 ‘‘If the victim of an offense under sub23 section (a) is an internationally protected per24 son outside the United States, the United

25 States may exercise jurisdiction over the offense
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1 if (1) the victim is a representative, officer, em2 ployee, or agent of the United States, (2) an of3 fender is a national of the United States, or (3)

4 an offender is afterwards found in the United

5 States.’’; and

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

7 ‘‘For purposes of this subsection, the term

8 ‘national of the United States’ has the meaning

9 prescribed in section 101(a)(22) of the Immi10 gration and Nationality Act (8 U.S.C.

11 1101(a)(22)).’’.

12 (g) Section 37(b)(2) of title 18, United States Code,

13 is amended—

14 (1) by inserting ‘‘(A)’’ before ‘‘the offender is

15 later found in the States’’; and

16 (2) by inserting ‘‘or (B) an offender or a victim

17 is a national of the United States (as defined in sec18 tion 101(a)(22) of the Immigration and Nationality

19 Act, 8 U.S.C. 1101(a)(22))’’ after ‘‘the offender is

20 later found in the United States’’.

21 (h) Section 831(c)(2) of title 18, United States Code,

22 is amended by striking ‘‘the defendant is a national of the

23 United States, as defined’’ and inserting ‘‘an offender or

24 a victim is a national of the United States, as defined’’.
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1 (i) Section 175(a) of title 18, United States Code,

2 is amended by inserting ‘‘(as defined in section 101(a)(22)

3 of the Immigration and Nationality Act, 8 U.S.C.

4 1101(a)(22))’’ after ‘‘national of the United States’’.

5 SEC. 610. FEDERAL AVIATION ADMINISTRATION REPORT6 ING RESPONSIBILITY.

7 (a) IN GENERAL.—Chapter 449 of title 49, United

8 States Code, is amended by inserting after section 44901

9 the following new section:

10 ‘‘§ 44901A. Discoveries of controlled substances or

11 cash in excess of $10,000

12 ‘‘Not later than 90 days after the date of the enact13 ment of this section, the Administrator shall issue regula14 tions requiring employees and agents referred to in sub15 section (a) to report to appropriate Federal and State law

16 enforcement officers any incident in which the employee

17 or agent, in the course of conducting screening procedures

18 pursuant to subsection (a), discovers a controlled sub19 stance the possession of which may be a violation of Fed20 eral or State law, or any sizable sums of cash in excess

21 of $10,000 the possession of which may be a violation of

22 Federal or State law.’’.

23 (b) TECHNICAL AMENDMENT.—The analysis for

24 chapter 449 of title 49, United States Code, is amended
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1 by inserting after the item relating to section 44901 the

2 following new item:

‘‘44901A. Discoveries of controlled substances or cash in excess of $10,000.’’.

3 SEC. 611. INFORMATION TRANSFER.

4 Section 245A(c)(5)(C) of the Immigration and Na5 tionality Act (8 U.S.C. 1255a(c)(5)(C)) is amended by

6 striking ‘‘except that the Attorney General’’ and all that

7 follows through ‘‘section 8 of title 13, United States

8 Code.’’ and inserting ‘‘except that the Attorney General—

9 ‘‘(i) may authorize an application to a

10 Federal court of competent jurisdiction for,

11 and a judge of such court may grant, an

12 order authorizing disclosure of information

13 contained in the application of the alien

14 (as a result of an investigation of the alien

15 by an investigative officer or law enforce16 ment officer) that is necessary to locate

17 and identify the alien if—

18 ‘‘(I) such disclosure may result in

19 the discovery of information leading

20 the location and identity of the alien;

21 and

22 ‘‘(II) such disclosure (and the in23 formation discovered as a result of

24 such disclosure) will be used only for

25 criminal law enforcement purposes as
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1 against the alien whose file is being

2 accessed;

3 ‘‘(ii) may furnish information under

4 this section with respect to an alien to an

5 official coroner (upon the written request

6 of the coroner) for the purposes of permit7 ting the coroner to identify a deceased in8 dividual; and

9 ‘‘(iii) may provide, in the Attorney

10 General’s discretion, for the furnishing of

11 information furnished under this section in

12 the same manner and circumstances as

13 census information may be disclosed to the

14 Secretary of Commerce under section 8 of

15 title 13, United States Code.’’.

16 SEC. 612. EXTRADITION.

17 (a) SCOPE.—Section 3181 of title 18, United States

18 Code, is amended—

19 (1) by inserting ‘‘(a)’’ before ‘‘The provisions of

20 this chapter’’; and

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

23 ‘‘(b) The provisions of this chapter shall be construed

24 to permit, in the exercise of comity, the surrender of per25 sons, other than citizens, nationals, or permanent resi-
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1 dents of the United States, who have committed crimes

2 of violence against nationals of the United States in for3 eign countries without regard to the existence of any trea4 ty of extradition with such foreign government if the At5 torney General certifies, in writing, that—

6 ‘‘(1) evidence has been presented by the foreign

7 government that indicates that had the offenses been

8 committed in the United States, they would con9 stitute crimes of violence as defined under section 16

10 of this title; and

11 ‘‘(2) the offenses charged are not of a political

12 nature.

13 ‘‘(c) As used in this section, the term ‘national of the

14 United States’ has the meaning stated in section

15 101(a)(22) of the Immigration and Nationality Act (8

16 U.S.C. 1101(a)(22)).’’.

17 (b) FUGITIVES.—Section 3184 of title 18, United

18 States Code, is amended—

19 (1) in the first sentence by inserting after

20 ‘‘United States and any foreign government,’’ the

21 following: ‘‘or in cases arising under section

22 3181(b),’’;

23 (2) in the first sentence by inserting after

24 ‘‘treaty or convention,’’ the following: ‘‘or provided

25 for under section 3181(b),’’; and
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1 (3) in the third sentence by inserting after

2 ‘‘treaty or convention,’’ the following: ‘‘or under sec3 tion 3181(b),’’.

4 SEC. 613. FEDERAL BUREAU OF INVESTIGATION REPORT.

5 Not later than January 31, 1997, the Director of the

6 Federal Bureau of Investigations shall report to Congress

7 on the effectiveness of section 2339A of title 18, United

8 States Code (as added by section 120005(a) of the Violent

9 Crime Control and Law Enforcement Act of 1994). The

10 report shall include any recommendations of the Director

11 for changes in existing law that are needed to improve the

12 effectiveness of such section.

13 SEC. 614. INCREASED PENALTIES FOR TERRORISM CRIMES.

14 (a) Title 18, United States Code, is amended—

15 (1) in section 114, by striking ‘‘maim or dis16 figure’’ and inserting ‘‘torture, maim, or disfigure’’;

17 and

18 (2) in section 371, by striking ‘‘$10,000 or im19 prisoned not more than five years’’ and inserting

20 ‘‘$10,000 in excess of the monetary gain from the

21 conspiracy, or imprisoned not more than twenty

22 years’’;

23 (3) in section 755—

24 (A) by striking ‘‘$2,000’’ and inserting

25 ‘‘$5,000’’;
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1 (B) by striking ‘‘two years’’ and inserting

2 ‘‘five years’’; and

3 (C) by striking ‘‘$500’’ and inserting

4 ‘‘$1,000’’;

5 (4) in section 756, by striking ‘‘$1,000 or im6 prisoned not more than one year’’ and inserting

7 ‘‘$5,000 or imprisoned not more than five years’’;

8 (5) in section 878(a), by striking ‘‘by killing,

9 kidnapping, or assaulting a foreign official, official

10 guest, or internationally protected person’’;

11 (6) in section 1113, by striking ‘‘three years or

12 fined’’ and inserting ‘‘seven years’’;

13 (7) in section 1114, by inserting ‘‘any member

14 of the United States Armed Forces who is engaged

15 in noncombat related official activities,’’ after ‘‘such

16 marshal or deputy marshal’’;

17 (8) in section 1116(a), by inserting ‘‘or to

18 death,’’ after ‘‘imprisonment for life,’’; and

19 (9) in section 2332(c), by striking ‘‘five’’ and

20 inserting ‘‘ten’’.

21 (b) Section 1472(l)(1) of title 49 App., United States

22 Code is amended by striking ‘‘one’’ and inserting ‘‘ten’’.
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1 SEC. 615. CRIMINAL OFFENSES COMMITTED OUTSIDE THE

2 UNITED STATES BY PERSONS ACCOMPANY3 ING THE ARMED FORCES.

4 (a) Title 18, United States Code, is amended by in5 serting after chapter 211 the following:

6 ‘‘CHAPTER 212—CRIMINAL OFFENSES

7 COMMITTED OUTSIDE THE UNITED

8 STATES

9 ‘‘§ 3261. Criminal offenses committed by persons for10 merly serving with, or presently em11 ployed by or accompanying, the Armed

12 Forces outside the United States

13 ‘‘(a) Whoever, while serving with, employed by, or ac14 companying the Armed Forces outside the United States,

15 engages in conduct which would constitute an offense pun16 ishable by imprisonment for more than one year if the con17 duct had been engaged in within the special maritime and

18 territorial jurisdiction of the United States, shall be guilty

19 of a like offense and subject to a like punishment.

20 ‘‘(b) Nothing contained in this chapter deprives

21 courts-martial, military commissions, provost courts, or

22 other military tribunals of concurrent jurisdiction with re23 spect of offenders or offenses that by statute or by the

24 law of war may be tried by courts-martial, military com25 missions, provost courts, or other military tribunals.
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1 ‘‘(c) No prosecution may be commenced under this

2 section if a foreign government, in accordance with juris3 diction recognized by the United States, has prosecuted

4 or is prosecuting such person for the conduct constituting

5 such offense, except upon the approval of the Attorney

6 General of the United States or the Deputy Attorney Gen7 eral of the United States (or a person acting in either such

8 capacity), which function of approval may not be dele9 gated.

10 ‘‘(d)(1) The Secretary of Defense may designate and

11 authorize any person serving in a law enforcement position

12 in the Department of Defense to arrest outside the United

13 States any person described in subsection (a) of this sec14 tion who there is probable cause to believe engaged in con15 duct which constitutes a criminal offense under such

16 section.

17 ‘‘(2) A person arrested under paragraph (1) of this

18 section shall be released to the custody of civilian law en19 forcement authorities of the United States for removal to

20 the United States for judicial proceedings in relation to

21 conduct referred to in such paragraph unless—

22 ‘‘(A) such person is delivered to authorities of

23 a foreign country under section 3262 of this title; or
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1 ‘‘(B) such person has had charges preferred

2 against him under chapter 47 of title 10 for such

3 conduct.

4 ‘‘§ 3262. Delivery to authorities of foreign countries

5 ‘‘(a) Any person designated and authorized under

6 section 3261(d) of this title may deliver a person described

7 in section 3261(a) of this title to the appropriate authori8 ties of a foreign country in which such person is alleged

9 to have engaged in conduct described in such subsection

10 (a) of this section if—

11 ‘‘(1) the appropriate authorities of that country

12 request the delivery of the person to such country

13 for trial for such conduct as an offense under the

14 laws of that country; and

15 ‘‘(2) the delivery of such person to that country

16 is authorized by a treaty or other international

17 agreement to which the United States is a party.

18 ‘‘(b) The Secretary of Defense shall determine what

19 officials of a foreign country constitute appropriate au20 thorities for the purpose of this section.

21 ‘‘§ 3263. Regulations

22 ‘‘The Secretary of Defense shall issue regulations

23 governing the apprehension, detention, and removal of

24 persons under this chapter. Such regulations shall be uni25 form throughout the Department of Defense.
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1 ‘‘§ 3264. Definitions for chapter

2 ‘‘As used in this chapter—

3 ‘‘(1) a person is ‘employed by the armed forces

4 outside the United States’ if he or she is employed

5 as a civilian employee of a military department, as

6 a Department of Defense contractor, or as an em7 ployee of a Department of Defense contractor, is

8 present or residing outside the United States in con9 nection with such employment, and is not a national

10 of the host nation.

11 ‘‘(2) a person is ‘accompanying the armed

12 forces outside the United States’ if he or she is a

13 dependent of a member of the armed forces and is

14 residing with the member outside the United

15 States.’’.

16 (b) The table of chapters at the beginning of part

17 II of title 18, United States Code, is amended by inserting

18 after the item relating to chapter 211 the following:

‘‘212. Criminal Offenses Committed Outside the United

States .......................................................................... 3261’’.
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1 TITLE VII—MISCELLANEOUS

2 AND TECHNICAL PROVISIONS

3 Subtitle A—Elimination of Certain

4 Programs

5 SEC. 701. ELIMINATION OF INEFFECTIVE PROGRAMS.

6 Subtitles A through S and subtitles U and X of title

7 III, title V, and title XXVII of the Violent Crime Control

8 and Law Enforcement Act of 1994, and the amendments

9 made thereby, are repealed.

10 Subtitle B—Amendments Relating

11 to Violent Crime Control

12 SEC. 711. VIOLENT CRIME AND DRUG EMERGENCY AREAS

13 REPEAL.

14 Section 90107 of the Violent Crime Control and Law

15 Enforcement Act of 1994 is repealed.

16 SEC. 712. EXPANSION OF 18 U.S.C. 1959 TO COVER COMMIS17 SION OF ALL VIOLENT CRIMES IN AID OF

18 RACKETEERING ACTIVITY AND INCREASED

19 PENALTIES.

20 Section 1959(a) of title 18, United States Code, is

21 amended—

22 (1) by inserting ‘‘or commits any other crime of

23 violence’’ before ‘‘or threatens to commit a crime of

24 violence against’’;
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1 (2) in paragraph (4) by inserting ‘‘committing

2 any other crime of violence or for’’ before ‘‘threaten3 ing to commit a crime of violence’’, and by striking

4 ‘‘five’’ and inserting ‘‘ten’’;

5 (3) in paragraph (5) by striking ‘‘ten’’ and in6 serting ‘‘twenty’’; 

7 (4) in paragraph (6) by striking ‘‘or’’ before

8 ‘‘assault resulting in serious bodily injury,’’, by in9 serting ‘‘or any other crime of violence’’ after those

10 same words, and by striking ‘‘three’’ and inserting

11 ‘‘ten’’; and

12 (5) by inserting ‘‘(as defined in section 1365 of

13 this title)’’ after ‘‘serious bodily injury’’ the first

14 place it appears.

15 SEC. 713. AUTHORITY TO INVESTIGATE SERIAL KILLINGS.

16 (a) Chapter 33 of title 28, United States Code, is

17 amended by adding after section 537 the following new

18 section:

19 ‘‘§ 538. Investigation of serial killings

20 ‘‘The Attorney General and the Federal Bureau of

21 Investigation may investigate serial killings in violation of

22 the laws of a State or political subdivision, when such in23 vestigation is requested by the head of a law enforcement

24 agency with investigative or prosecutive jurisdiction over

25 the offense. For purposes of this section—
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1 ‘‘(1) the term ‘serial killings’ means a series of

2 three or more killings, at least one of which was

3 committed within the United States, having common

4 characteristics such as to suggest the reasonable

5 possibility that the crimes were committed by the

6 same actor or actors;

7 ‘‘(2) ‘killing’ means conduct that would con8 stitute an offense under section 1111 of title 18,

9 United States Code, if Federal jurisdiction existed;

10 ‘‘(3) and section 540, ‘State’ means a State of

11 the United States, the District of Columbia, and any

12 commonwealth, territory, or possession of the United

13 States.’’.

14 (b) The table of contents for chapter 33 of title 28,

15 United States Code, is amended by inserting after the

16 item for section 537 the following:

‘‘538. Investigation of serial killings.’’.

17 SEC. 714. FIREARMS AND EXPLOSIVES CONSPIRACY.

18 (a) Section 924 of title 18, United States Codes, is

19 amended by adding at the end the following new sub20 section:

21 ‘‘(o) Except as otherwise provided in this section, a

22 person who conspires to commit any offense defined in this

23 chapter shall be subject to the same penalties (other than

24 the penalty of death) as those prescribed for the offense
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1 the commission of which was the object of the conspir2 acy.’’.

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

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

6 ‘‘(n) Except as otherwise provided in this section, a

7 person who conspires to commit any offense defined in this

8 chapter shall be subject to the same penalties (other than

9 the penalty of death) as those prescribed for the offense

10 the commission of which was the object of the conspir11 acy.’’.

12 SEC. 715. INCREASED PENALTIES FOR VIOLENCE IN THE

13 COURSE OF RIOT OFFENSES.

14 Section 2101(a) of title 18, United States Code, is

15 amended by striking ‘‘Shall be fined under this title, or

16 imprisoned not more than five years, or both’’ and insert17 ing ‘‘Shall be fined under this title or (i) if death results

18 from such act, be imprisoned for any term of years or for

19 life, or both; (ii) if serious bodily injury (as defined in sec20 tion 1365 of this title) results from such act, be impris21 oned for not more than twenty years, or both; or (iii) in

22 any other case, be imprisoned for not more than five years,

23 or both’’.
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1 SEC. 716. PRETRIAL DETENTION FOR POSSESSION OF FIRE2 ARMS OR EXPLOSIVES BY CONVICTED FEL3 ONS.

4 Section 3156(a)(4) of title 18, United States Code,

5 is amended—

6 (1) by striking ‘‘or’’ at the end of subparagraph

7 (B);

8 (2) by striking the period at the end of sub9 paragraph (C) and inserting ‘‘; or’’; and

10 (3) by adding after subparagraph (C) the fol11 lowing new subparagraph:

12 ‘‘(D) an offense that is a violation of sec13 tion 842(i) or 922(g) of this title (relating to

14 possession of explosives or firearms by convicted

15 felons).’’.

16 SEC. 717. ELIMINATION OF UNJUSTIFIED SCIENTER ELE17 MENT FOR CARJACKING.

18 Section 2119 of title 18, United States Code, is

19 amended by striking ‘‘, with the intent to cause death or

20 serious bodily harm’’.

21 SEC. 718. THEFT OF VESSELS.

22 (a) Section 2311 of title 18, United States Code, is

23 amended by adding at the end the following:

24 ‘‘ ‘Vessel’ means any watercraft or other contrivance

25 used or designed for transportation or navigation on,

26 under, or immediately above, water.’’;
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1 (b) Sections 2312 and 2313 of title 18, United States

2 Code, are each amended by striking ‘‘motor vehicle or air3 craft’’ and inserting ‘‘motor vehicle, vessel, or aircraft’’.

4 SEC. 719. CLARIFICATION OF AGREEMENT REQUIREMENT

5 FOR RICO CONSPIRACY.

6 Section 1962(d) of title 18, United States Code, is

7 amended by adding at the end ‘‘For purposes of this sub8 section, it is not necessary to establish that the defendant

9 agreed personally to commit any acts of racketeering

10 activity.’’

11 SEC. 720. ADDITION OF ATTEMPT COVERAGE FOR INTER12 STATE DOMESTIC VIOLENCE OFFENSE.

13 Section 2261(a) of title 18, United States Code, is

14 amended—

15 (1) in subsection (a)(1) by inserting ‘‘or at16 tempts to do so,’’ after ‘‘thereby causes bodily injury

17 to such spouse or intimate partner,’’; and

18 (2) in subsection (a)(2) by inserting ‘‘or at19 tempts to do so,’’ after ‘‘thereby causes bodily injury

20 to the person’s spouse or intimate partner,’’.

21 SEC. 721. ADDITION OF FOREIGN MURDER AS A MONEY

22 LAUNDERING PREDICATE.

23 Section 1956(c)(7)(B)(ii) of title 18, United States

24 Code, is amended by inserting ‘‘murder,’’ before ‘‘kidnap25 ping’’.
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1 SEC. 722. ASSAULTS OR OTHER CRIMES OF VIOLENCE FOR

2 HIRE.

3 Section 1958(a) of title 18, United States Code, is

4 amended by inserting ‘‘or other felony crime of violence

5 against the person’’ after ‘‘murder’’.

6 SEC. 723. THREATENING TO USE A WEAPON OF MASS DE7 STRUCTION.

8 Section 2332a(a) of title 18, United States Code, is

9 amended by inserting ‘‘or threatens’’ before ‘‘or attempts

10 or conspires to use, a weapon of mass destruction’’.

11 SEC. 724. TECHNICAL AMENDMENTS.

12 Section 60002 of the Violent Crime Control and Law

13 Enforcement Act of 1994 is amended—

14 (1) by striking the words ‘‘pursuant to this

15 chapter’’ in section 3596 of title 18; and

16 (2) by striking section 3597(a) of title 18 and

17 replacing it with:

18 ‘‘(a) IN GENERAL.—A United States marshal

19 charged with supervising the implementation of a sentence

20 of death shall use appropriate Federal facilities for the

21 purpose.’’.
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1 Subtitle C—Amendments Relating

2 to Courts and Sentencing

3 SEC. 731. ALLOWING A REDUCTION OF SENTENCE FOR

4 PROVIDING USEFUL INVESTIGATIVE INFOR5 MATION ALTHOUGH NOT REGARDING A PAR6 TICULAR INDIVIDUAL.

7 Section 3553(e) of title 18, United States Code, sec8 tion 994(n) of title 28, United States Code, and Rule

9 35(b) of the Federal Rules of Criminal Procedure are each

10 amended by striking ‘‘substantial assistance in the inves11 tigation or prosecution of another person who has commit12 ted an offense’’ and inserting ‘‘substantial assistance in

13 an investigation of any offense or the prosecution of an14 other person who has committed an offense’’.

15 SEC. 732. APPEALS FROM CERTAIN DISMISSALS.

16 Section 3731 of title 18, United States Code, is

17 amended by inserting ‘‘or any part thereof’’ after ‘‘as to

18 any one or more counts’’.

19 SEC. 733. ELIMINATION OF OUTMODED CERTIFICATION RE20 QUIREMENT FROM THE GOVERNMENT AP21 PEAL STATUTE.

22 Section 3731 of title 18, United States Code, is

23 amended in the second paragraph by striking ‘‘, if the

24 United States attorney certifies to the district court that

25 the appeal is not taken for purpose of delay and that the
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1 evidence is a substantial proof of a fact material in the

2 proceeding’’.

3 SEC. 734. CLARIFICATION OF MEANING OF OFFICIAL DE4 TENTION FOR PURPOSES OF CREDIT FOR

5 PRIOR CUSTODY.

6 Section 3585(b) of title 18, United States Code, is

7 amended by adding at the end: ‘‘For purposes of this sub8 section, ‘official detention’ does not include detention at

9 a community-based treatment or correctional facility.’’.

10 SEC. 735. LIMITATION ON REDUCTION OF SENTENCE FOR

11 SUBSTANTIAL ASSISTANCE OF DEFENDANT.

12 (a) Section 994(n) of title 18, United States Code,

13 is amended by adding the following at the end thereof:

14 ‘‘The power to reduce a sentence under this section au15 thorizes a court to impose a sentence that is below a level

16 established by statute as a minimum sentence only on mo17 tion of the government specifically seeking reduction below

18 such level.’’.

19 (b) Rule 35(b) of the Federal Rules of Criminal Pro20 cedure is amended by adding ‘‘only if the motion of the

21 government specifically seeks reduction below such level’’

22 after ‘‘minimum sentence’’.
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1 SEC. 736. IMPROVEMENT OF HATE CRIMES SENTENCING

2 PROCEDURE.

3 Section 280003(b) of Public Law 103–322 is amend4 ed by striking ‘‘the finder of fact at trial’’ and inserting

5 ‘‘the court at sentencing’’.

6 SEC. 737. CLARIFICATION OF LENGTH OF SUPERVISED RE7 LEASE TERMS IN CONTROLLED SUBSTANCE

8 CASES.

9 Sections 401(b)(1) (A), (B), (C), and (D) of the Con10 trolled Substances Act (21 U.S.C. 841(b)(1) (A), (B), (C),

11 and (D)) are each amended by striking ‘‘Any sentence’’

12 and inserting ‘‘Notwithstanding section 3583 of title 18,

13 any sentence’’.

14 SEC. 738. AUTHORITY OF COURT TO IMPOSE A SENTENCE

15 OF PROBATION OR SUPERVISED RELEASE

16 WHEN REDUCING A SENTENCE OF IMPRISON17 MENT IN CERTAIN CASES.

18 Section 3582(c)(1)(A) of title 18, United States

19 Code, is amended by inserting ‘‘(and may impose a sen20 tence of probation or supervised release with or without

21 conditions)’’ after ‘‘may reduce the term of imprison22 ment’’.

23 SEC. 739. EXTENSION OF PAROLE COMMISSION TO DEAL

24 WITH ‘‘OLD LAW’’ PRISONERS.

25 For the purposes of section 235(b) of Public Law 98–

26 473 as it relates to chapter 311 of title 18, United States
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1 Code, and the United States Parole Commission, each ref2 erence in such section to ‘‘ten years’’ or a ‘‘ten-year pe3 riod’’ shall be deemed a reference to ‘‘fifteen years’’ or

4 a ‘‘fifteen-year period’’, respectively. Notwithstanding the

5 provisions of section 4203 of title 18, United States Code,

6 the United States Parole Commission is authorized to per7 form its functions with any quorum of Commissioners, or

8 Commissioner, currently holding office, as the Commission

9 may prescribe by regulation.

10 SEC. 740. CONFORMING AMENDMENTS RELATING TO SU11 PERVISED RELEASE.

12 (a) Sections 1512(a)(1)(C), 1512(b)(3), 1512(c)(2),

13 1513(a)(1)(B), and 1513(b)(2) are each amended by

14 striking ‘‘violation of conditions of probation, parole or re15 lease pending judicial proceedings’’ and inserting ‘‘viola16 tion of conditions of probation, supervised release, parole,

17 or release pending judicial proceedings’’.

18 (b) Section 3142 of title 18, United States Code, is

19 amended—

20 (1) in subsection (d)(1), by inserting ‘‘, super21 vised release,’’ after ‘‘probation’’; and

22 (2) in subsection (g)(3), by inserting ‘‘or super23 vised release’’ after ‘‘probation’’.
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1 SEC. 741. REPEAL OF OUTMODED PROVISIONS BARRING

2 FEDERAL PROSECUTION OF CERTAIN OF3 FENSES.

4 (a) Sections 659 and 2117 of title 18, United States

5 Code, are each amended by striking the first sentence of

6 the last undesignated paragraph;

7 (b) Sections 660 and 1992 of title 18, United States

8 Code, are each amended by striking the last undesignated

9 paragraph;

10 (c) Section 2101 of title 18, United States Code, is

11 amended by striking subsection (c) and by redesignating

12 subsections (d), (e), and (f) as subsections (c), (d), and

13 (e), respectively;

14 (d) Section 80a–36 of title 15, United States Code,

15 is amended by striking the last sentence;

16 (e) Section 1282 of title 15, United States Code, is

17 repealed.

18 Subtitle D—Miscellaneous

19 Amendments

20 SEC. 751. CONFORMING ADDITION TO OBSTRUCTION OF

21 CIVIL INVESTIGATIVE DEMAND STATUTE.

22 Section 1505 of title 18, United States Code, is

23 amended by inserting ‘‘section 1968 of this title or’’ before

24 ‘‘the Antitrust Civil Process Act’’.
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1 SEC. 752. ADDITION OF ATTEMPTED THEFT AND COUNTER2 FEITING OFFENSES TO ELIMINATE GAPS AND

3 INCONSISTENCIES IN COVERAGE.

4 (a)(1) Section 153 of title 18, United States Code,

5 is amended by inserting ‘‘, or attempts so to appropriate,

6 embezzle, spend or transfer,’’ before ‘‘any property’’.

7 (2) Section 641 of title 18, United States Code, is

8 amended by striking ‘‘or’’ at the end of the first paragraph

9 and by inserting after such paragraph the following:

10 ‘‘Whoever attempts to commit an offense described in the

11 preceding paragraph; or’’.

12 (3) Section 655 of title 18, United States Code, is

13 amended by inserting ‘‘or attempts to steal or so take,’’

14 after ‘‘unlawfully takes,’’.

15 (4) Sections 656 and 657 of title 18, United States

16 Code, are each amended—

17 (A) by inserting ‘‘, or attempts to embezzle, ab18 stract, purloin, or willfully misapply,’’ after ‘‘willfully

19 misapplies’’; and

20 (B) by inserting ‘‘or attempted to be embezzled,

21 abstracted, purloined, or misapplied’’ after ‘‘mis22 applied’’.

23 (5) Section 658 of title 18, United States Code, is

24 amended by inserting ‘‘or attempts so to remove, dispose

25 of, or convert,’’ before ‘‘any property’’.
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1 (6) Section 659 of title 18, United States Code, is

2 amended—

3 (A) in the first and third paragraphs by insert4 ing ‘‘or attempts to embezzle, steal, or so take or

5 carry away,’’ after ‘‘carries away,’’; and

6 (B) in the fourth paragraph by inserting ‘‘or at7 tempts to embezzle, steal, or so take,’’ before ‘‘from

8 any railroad car’’.

9 (7) Section 661 of title 18, United States Code, is

10 amended—

11 (A) by inserting ‘‘or attempts so to take and

12 carry away,’’ before ‘‘any personal property’’; and

13 (B) by inserting ‘‘or attempted to be taken’’

14 after ‘‘taken’’ each place it appears;

15 (8) Section 664 of title 18, United States Code, is

16 amended by inserting ‘‘or attempts to embezzle, steal, or

17 so abstract or convert,’’ before ‘‘any of the moneys’’.

18 (9) Section 665(a) of title 18, United States Code,

19 is amended—

20 (A) by inserting ‘‘, or attempts to embezzle, so

21 misapply, steal, or obtain by fraud,’’ before ‘‘any of

22 the moneys’’; and

23 (B) by inserting ‘‘or attempted to be embezzled,

24 misapplied, stolen, or obtained by fraud’’ after ‘‘ob25 tained by fraud’’.
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1 (10) Section 666(a) (1) (A) of title 18, United States

2 Code, is amended by inserting ‘‘or attempts to embezzle,

3 steal, obtain by fraud, or so convert or misapply,’’ before

4 ‘‘property’’.

5 (11) Section 1025 of title 18, United States Code,

6 is amended—

7 (A) by inserting ‘‘or attempts to obtain’’ after

8 ‘‘obtains’’; and

9 (B) by inserting ‘‘or attempted to be obtained’’

10 after ‘‘obtained’’.

11 (12) Section 1163 of title 18, United States Code,

12 is amended by inserting ‘‘attempts so to embezzle, steal,

13 convert, or misapply,’’ after ‘‘willfully misapplies,’’.

14 (13) Sections 1167 (a) and (b) of title 18, United

15 States Code, are each amended by inserting ‘‘or attempts

16 so to abstract, purloin, misapply, or take and carry away,’’

17 before ‘‘any money’’.

18 (14) Sections 1168 (a) and (b) of title 18, United

19 States Code, are each amended by inserting ‘‘or attempts

20 so to embezzle, abstract, purloin, misapply, or take and

21 carry away,’’ before ‘‘any moneys,’’.

22 (15) Section 1707 of title 18, United States Code,

23 is amended by inserting ‘‘, or attempts to steal, purloin,

24 or embezzle,’’ before ‘‘any property’’ and by inserting ‘‘or

25 attempts to appropriate’’ after ‘‘appropriates’’.
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1 (16) Section 1708 of title 18, United States Code,

2 is amended in the second paragraph by inserting ‘‘or at3 tempts to steal, take, or abstract,’’ after ‘‘abstracts,’’ and

4 by inserting ‘‘, or attempts so to obtain,’’ after ‘‘obtains’’.

5 (17) Section 1709 of title 18, United States Code,

6 is amended—

7 (A) by inserting ‘‘or attempts to embezzle’’

8 after ‘‘embezzles’’; and

9 (B) by inserting ‘‘, or attempts to steal, ab10 stract, or remove,’’ after ‘‘removes’’.

11 (18) Section 2113(b) of title 18, United States Code,

12 is amended by inserting ‘‘or attempts so to take and carry

13 away,’’ before ‘‘any property’’ each place it appears.

14 (b)(1) Section 477 of title 18, United States Code,

15 is amended by inserting ‘‘, or attempts so to sell, give,

16 or deliver,’’ before ‘‘any such imprint’’.

17 (2) Section 479 of title 18, United States Code, is

18 amended by inserting ‘‘or attempts to utter or pass,’’ after

19 ‘‘passes,’’.

20 (3) Section 490 of title 18, United States Code, is

21 amended by inserting ‘‘attempts to pass, utter, or sell,’’

22 before ‘‘or possesses’’.

23 (4) Section 513(a) of title 18, United States Code,

24 is amended by inserting ‘‘or attempts to utter,’’ after

25 ‘‘utters’’.
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1 SEC. 753. CLARIFICATION OF SCIENTER REQUIREMENT

2 FOR RECEIVING PROPERTY STOLEN FROM

3 AN INDIAN TRIBAL ORGANIZATION.

4 Section 1163 of title 18, United States Code, is

5 amended in the second paragraph by striking ‘‘so’’.

6 SEC. 754. LARCENY INVOLVING POST OFFICE BOXES AND

7 POSTAL STAMP VENDING MACHINES.

8 Section 2115 of title 18, United States Code, is

9 amended—

10 (1) by striking ‘‘or’’ before ‘‘any building’’;

11 (2) by inserting ‘‘or any post office box or post12 al stamp vending machine within such a building,’’

13 after ‘‘used in whole or in part as a post office,’’;

14 and

15 (3) by inserting ‘‘or in such box or machine,’’

16 after ‘‘so used’’.

17 SEC. 755. CONFORMING AMENDMENT TO LAW PUNISHING

18 OBSTRUCTION OF JUSTICE BY NOTIFICATION

19 OF EXISTENCE OF A SUBPOENA FOR

20 RECORDS IN CERTAIN TYPES OF INVESTIGA21 TIONS.

22 Section 1510(b)(3)(B) of title 18, United States

23 Code, is amended—

24 (1) by striking ‘‘or’’ at the end of subparagraph

25 (i);
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1 (2) by striking the period and inserting ‘‘; or’’

2 at the end of subparagraph (ii); and

3 (3) by adding the following new subparagraph:

4 ‘‘(iii) the Controlled Substances Act,

5 the Controlled Substances Import and Ex6 port Act, or section 60501 of the Internal

7 Revenue Code of 1986.’’.

8 SEC. 756. CLOSING LOOPHOLE IN OFFENSE OF ALTERING

9 OR REMOVING MOTOR VEHICLE IDENTIFICA10 TION NUMBERS.

11 Section 511(c)(1) of title 18, United States Code, is

12 amended —

13 (1) by inserting ‘‘(i)’’ after ‘‘for purposes of

14 identification’’; and

15 (2) by inserting before the semicolon ‘‘or

16 ‘‘(ii) which can be correlated to a par17 ticular motor vehicle or part’’.

18 SEC. 757. APPLICATION OF VARIOUS OFFENSES TO POSSES19 SIONS AND TERRITORIES.

20 (a) Sections 241 and 242 of title 18, United States

21 Code, are each amended by striking ‘‘any State, Territory,

22 or District’’ and inserting ‘‘any State, Territory, Common23 wealth, Possession, or District’’.

24 (b) Sections 793(h)(1) and 794(d)(1) of title 18,

25 United States Code, are each amended by adding at the
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1 end the following: ‘‘For the purposes of this subsection,

2 the term ‘State’ includes a State of the United States, the

3 District of Columbia, and any commonwealth, territory,

4 or possession of the United States.’’.

5 (c) Section 925(a)(5) of title 18, United States Code,

6 is amended by striking ‘‘For the purpose of paragraphs

7 (3) and (4)’’ and inserting ‘‘For the purpose of paragraph

8 (3)’’.

9 (d) Sections 1014 and 2113(g) of title 18, United

10 States Code, are each amended by adding at the end the

11 following: ‘‘The term ‘State-chartered credit union’ in12 cludes a credit union chartered under the laws of a State

13 of the United States, the District of Columbia, or any

14 commonwealth, territory, or possession of the United

15 States.’’.

16 (e) Section 1073 of title 18, United States Code, is

17 amended by adding at the end of the first paragraph the

18 following: ‘‘For the purposes of clause (3) of this para19 graph, the term ‘State’ includes a State of the United

20 States, the District of Columbia, and any commonwealth,

21 territory, or possession of the United States.’’.

22 (f) Section 1715 of title 18, United States Code, is

23 amended by striking ‘‘State, Territory, or District’’ each

24 place those words appear and inserting ‘‘State, Territory,

25 Commonwealth, Possession, or District’’.
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1 (g) Section 1716 of title 18, United States Code, is

2 amended—

3 (1) in subsection (g)(2) by striking ‘‘State, Ter4 ritory, or the District of Columbia’’ and inserting

5 ‘‘State’’;

6 (2) in subsection (g)(3) by striking ‘‘the munici7 pal government of the District of Columbia or of the

8 government of any State or territory, or any county,

9 city or other political subdivision of a State’’ and in10 serting ‘‘any State, or any political subdivision of a

11 State’’; and

12 (3) by inserting a new subsection (j), as follows:

13 ‘‘(j) For purposes of this section, the term ‘State’ in14 cludes a State of the United States, the District of Colum15 bia, and any commonwealth, territory, or possession of the

16 United States.’’.

17 (h) Section 1761 of title 18, United States Code, is

18 amended by adding at the end a new subsection, as

19 follows:

20 ‘‘(d) For the purposes of this section, the term ‘State’

21 means a State of the United States and any common22 wealth, territory, or possession of the United States.’’.

23 (i) Section 3156(a) of title 18, United States Code,

24 is amended—
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1 (1) by striking ‘‘and’’ at the end of paragraph

2 (3);

3 (2) by striking the period and inserting ‘‘; and’’

4 at the end of paragraph (4); and

5 (3) by adding a new paragraph (5), as follows:

6 ‘‘(5) the term ‘State’ includes a State of the

7 United States, the District of Columbia, and any

8 commonwealth, territory, or possession of the United

9 States.’’.

10 (j) Section 102(26) of the Controlled Substances Act

11 (21 U.S.C. 802(26)) is amended to read as follows:

12 ‘‘(26) 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 (k) Section 1121 of title 18, United States Code, is

17 amended by inserting at the end a new subsection (c) as

18 follows:

19 ‘‘(c) For the purposes of this section, the term ‘State’

20 means a State of the United States, the District of Colum21 bia, and any commonwealth, territory, or possession of the

22 United States.’’.

23 (l) Section 228(d)(2) of title 18, United States Code,

24 is amended by inserting ‘‘commonwealth,’’ before ‘‘posses25 sion or territory of the United States’’.
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1 SEC. 758. ADJUSTING AND MAKING UNIFORM THE DOLLAR

2 AMOUNTS USED IN TITLE 18 TO DISTINGUISH

3 BETWEEN GRADES OF OFFENSES.

4 (a) Sections 215, 288, 641, 643, 644, 645, 646, 647,

5 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658,

6 659, 661, 662, 665, 872, 1003, 1025, 1163, 1361, 1707,

7 1711, and 2113 of title 18, United States Code, are each

8 amended by striking ‘‘$100’’ each place it appears and

9 inserting ‘‘$1,000’’.

10 (b) Section 510 of title 18, United States Code, is

11 amended by striking ‘‘$500’’ and inserting ‘‘$1,000’’.

12 (c) Section 1864 of title 18, United States Code, is

13 amended by striking ‘‘$10,000’’ and inserting ‘‘$1,000’’.

14 SEC. 759. CONFORMING AMENDMENT CONCERNING MARI15 JUANA PLANTS.

16 Section 1010(b)(4) of the Controlled Substances Im17 port and Export Act (21 U.S.C. 960(b)(4)) is amended

18 by striking ‘‘except in the case of 100 or more marihuana

19 plants’’ and inserting ‘‘except in the case of 50 or more

20 marihuana plants’’.

21 SEC. 760. ACCESS TO CERTAIN RECORDS.

22 Section 551 of title 47, United States Codes, is

23 amended by adding at the end the following new sub24 section:

25 ‘‘(i) LIMITED EXCEPTION FOR FEDERAL GRAND

26 JURY PROCEEDING.—Nothing in this section shall apply
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1 to any subpoena or court order issued to a cable operator

2 for basic subscriber information in connection with pro3 ceedings before a Federal grand jury. A court shall have

4 authority to order a cable operator not to notify the sub5 scriber of the existence of a subpoena or court order to

6 which this subsection is applicable. For purposes of this

7 subsection, the term ‘basic subscriber information’ means

8 information stating whether or not a person is or was a

9 subscriber and the name and address (past or present)

10 of a subscriber.’’

11 SEC. 761. CLARIFICATION OF INAPPLICABILITY OF 18 U.S.C.

12 2515 TO CERTAIN DISCLOSURES.

13 Section 2515 of title 18, United States Code, is

14 amended by adding at the end the following: ‘‘This section

15 shall not apply to the disclosure by the United States, a

16 State, or political subdivision in a criminal trial or hearing

17 or before a grand jury of the contents of a wire or oral

18 communication, or evidence derived therefrom, the inter19 ception of which was in violation of section 2511(2)(d) (re20 lating to certain interceptions not under color of law).’’.
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1 SEC. 762. CLARIFYING OR CONFORMING AMENDMENTS

2 ARISING FROM THE ENACTMENT OF PUBLIC

3 LAW 103–322.

4 (a) Section 3286 of title 18, United States Code, is

5 amended by striking ‘‘any offense’’ and inserting ‘‘any

6 non-capital offense’’.

7 (b) Section 5032 of title 18, United States Code, is

8 amended by striking ‘‘1111, 1113’’ and inserting ‘‘1111,

9 1112, 1113’’.

10 (c) Section 81 of title 18, United States Code, is

11 amended by striking ‘‘fined under this title or imprisoned

12 not more than five years’’ and inserting ‘‘imprisoned not

13 more than twenty years or fined the greater of the fine

14 under this title or the cost of repairing or replacing any

15 property that is damaged or destroyed’’.

16 (d)(1)(A) Chapter 213 of title 18, United States

17 Code, is amended by adding at the end a new section, as

18 follows:

19 ‘‘§ 3294. Arson offenses

20 ‘‘No person shall be prosecuted, tried, or punished

21 for any noncapital offense under sections 81, 844 (f), (h),

22 or (i) of this title unless the indictment is found or the

23 information is instituted within 10 years after the date

24 on which the offense was committed.’’
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1 (B) The chapter index for chapter 213 of title 18,

2 United States Code, is amended by inserting at the end

3 the following:

‘‘3294. Arson offenses.’’.

4 (2) Section 844(i) of title 18, United States Code,

5 is amended by striking the last sentence.

6 (e) Section 704(b)(2) of title 18, United States Code,

7 is amended by striking ‘‘with respect to a Congressional

8 Medal of Honor’’.

9 (f) Section 408 of the Controlled Substances Act (21

10 U.S.C. 848) is amended—

11 (1) by striking subsections (g)–(p), (g)(1)–(3),

12 and (r); and

13 (2) by redesignating subsections (g)(4)–(10) as

14 (f)(1)–(7).

15 (g) Sections 2261(b)(3) and 2262(b)(3) of title 18,

16 United States Code, are each amended by inserting ‘‘(as

17 defined in section 1365 of this title)’’ after ‘‘serious bodily

18 injury’’.

19 (h)(1) Section 2261 of title 18, United States Code,

20 is amended—

21 (A) in paragraph (a)(1) by striking ‘‘with the

22 intent to injure, harass, or intimidate’’ and inserting

23 ‘‘with the intent to kill, injure, harass, or intimi24 date’’; and
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1 (B) in paragraphs (a)(1) and (a)(2) by insert2 ing ‘‘or death’’ after ‘‘and thereby causes bodily in3 jury’’.

4 (2) Section 2262 of title 18, United States Code, is

5 amended—

6 (A) in paragraph (a)(1) by inserting ‘‘or death’’

7 after ‘‘bodily injury’’; and

8 (B) in paragraph (a)(2) by striking ‘‘commits

9 an act that injures’’ and inserting ‘‘commits an act

10 that causes bodily injury or death to’’.

11 SEC. 763. TECHNICAL AMENDMENTS.

12 (a) Section 112 of title 18, United States Code, is

13 amended by striking ‘‘fined not more than $10,000’’ and

14 inserting ‘‘fined under this title’’.

15 (b) Sections 152, 153, and 154 of title 18, United

16 States Code, are each amended by striking ‘‘fined not

17 more than $5,000’’ and inserting ‘‘fined under this title’’.

18 (c) Section 970 of title 18, United States Code, is

19 amended by striking ‘‘fined not more than $500’’ and in20 serting ‘‘fined under this title’’.

21 (d) Sections 922(a)(2) and (a)(3) of title 18, United

22 States Code, are each amended by striking ‘‘subsection

23 (B)(3)’’ and inserting ‘‘subsection (b)(3)’’.

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

25 is amended—
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1 (1) by striking ‘‘be sentenced to imprisonment

2 for 5 years but not more than 15 years’’ and insert3 ing ‘‘be sentenced to imprisonment for a minimum

4 of 5 and a maximum of 15 years’’; and

5 (2) by striking ‘‘be sentenced to imprisonment

6 for 10 years but not more than 25 years’’ and in7 serting ‘‘be sentenced to imprisonment for a mini8 mum of 10 and a maximum of 25 years’’.

9 (f) Section 3582(c)(1)(A)(i) of title 18, United States

10 Code, is amended by inserting ‘‘or’’ after the semicolon.

11 (g) Section 2516(1)(l) of title 18, United States

12 Code, is amended by striking ‘‘or’’ after the semicolon.

13 (h) Section 5032 of title 18, United States Code, is

14 amended by inserting ‘‘or as authorized under section

15 3401(g) of this title’’ after ‘‘shall proceed by information’’.

16 (i) Section 1114 of title 18, United States Code, is

17 amended by striking ‘‘1112.,’’ and inserting ‘‘1112,’’.

18 (j) Section 3553(f) of title 18, United States Code,

19 is amended by striking ‘‘section 1010 or 1013 of the Con20 trolled Substances Import and Export Act (21 U.S.C. 961,

21 963)’’ and inserting ‘‘section 1010 or 1013 of the Con22 trolled Substances Import and Export Act (21 U.S.C. 960,

23 963)’’.
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1 (k) Section 1961(1)(D) of title 18, United States

2 Code, is amended by striking ‘‘that title’’ and inserting

3 ‘‘this title’’.

4 (l) Section 1510(b)(2)(B) of title 18, United States

5 Code, is amended by striking ‘‘that subpoena’’ the first

6 place it appears and inserting ‘‘that subpoena for

7 records’’.

8 (m) Section 3286 of title 18, United States Code, is

9 amended—

10 (1) by striking ‘‘2331’’ and inserting ‘‘2332;

11 (2) by striking ‘‘2339’’ and inserting ‘‘2332a’’;

12 and

13 (3) by striking ‘‘36’’ and inserting ‘‘37’’.

14 (n) Section 2339A of title 18, United States Code

15 is amended—

16 (1) by striking ‘‘2331’’ and inserting ‘‘2332;

17 (2) by striking ‘‘2339’’ and inserting ‘‘2332a’’;

18 (3) by striking ‘‘36’’ and inserting ‘‘37’’; and

19 (4) by striking ‘‘of an escape’’ and inserting ‘‘or

20 an escape’’.

21 (o) Section 2340(1) of title 18, United States Code,

22 is amended by striking ‘‘with custody’’ and inserting

23 ‘‘within his or her custody’’.

24 (p) Section 504 of title 18, United States Code, is

25 amended—
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1 (1) in paragraph (2) by striking ‘‘The’’ the first

2 place it appears and inserting ‘‘the’’; and

3 (2) in paragraph (3) by striking ‘‘importation,

4 of - motion-picture films’’ and inserting ‘‘importa5 tion of motion-picture films’’.

6 (q) Section 924(a) of title 18, United States Code,

7 is amended by redesignating the second paragraph (5) (re8 lating to violations of section 922(x)) as paragraph (6).

9 SEC. 764. SEVERABILITY.

10 If any provision of this Act, an amendment made by

11 this Act, or the application of such provision or amend12 ment to any person or circumstance is held to be unconsti13 tutional, the remainder of this Act, the amendments made

14 by this Act, and the application of the provisions of such

15 to any person or circumstance shall not be affected there16 by.

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