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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1356 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1356

     To restore order, deter crime, and make our neighborhoods and 
  communities safer and more secure places in which to live and work.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

               August 4 (legislative day, June 30), 1993

 Mr. Dole (for himself, Mr. Hatch, Mr. Thurmond, Mr. Gramm, Mr. Mack, 
 Mr. Simpson, Mr. Cochran, Mrs. Kassebaum, Mr. Helms, Mr. D'Amato, Mr. 
Stevens, Mr. Lott, Mr. Grassley, Mr. Domenici, Mr. Brown, Mr. Nickles, 
and Mr. Wallop) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
     To restore order, deter crime, and make our neighborhoods and 
  communities safer and more secure places in which to live and work.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

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

Sec. 1. Short title and table of contents.
                         TITLE I--SAFE STREETS

                           Subtitle A--Police

                     Chapter 1--Defense Conversion

Sec. 101. Definition.
Sec. 102. America's Safe Streets Program.
                     Chapter 2--Cops on the Street

Sec. 111. Short title.
Sec. 112. Enhanced local law enforcement.
                    Chapter 3--Police Corps Program

Sec. 121. Purposes.
Sec. 122. Definitions.
Sec. 123. Establishment of Office of the Police Corps and Law 
                            Enforcement Education.
Sec. 124. Designation of lead agency and submission of State plan.
Sec. 125. Scholarship assistance.
Sec. 126. Selection of participants.
Sec. 127. Service obligation.
Sec. 128. State plan requirements.
Sec. 129. Reports to Congress.
Sec. 130. Authorization of appropriations.
                  Chapter 4--Community Policing Grants

Sec. 141. Community policing grants.
         Chapter 5--Improved Training and Technical Automation

Sec. 151. Grants.
Sec. 152. Training courses.
Sec. 153. Authorization of appropriations.
                          Subtitle B--Prisons

Chapter 1--Regional Prisons for Violent Criminals and Violent Criminal 
                                 Aliens

Sec. 161. Definitions.
Sec. 162. Construction of prisons.
Sec. 163. Acceptance of prisoners.
Sec. 164. Qualifying State.
Sec. 165. Authorization of appropriations.
 Chapter 2--Federal Grants for State Prison Construction and Operation

Sec. 171. Definition.
Sec. 172. Grants.
Sec. 173. Construction grants.
Sec. 174. Operating grants.
Sec. 175. Canceling grants.
Sec. 176. Distribution of grants.
Sec. 177. Authorization of appropriations.
            Chapter 3--Judicial Remedies for Prison Crowding

Sec. 181. Purpose.
Sec. 182. Findings.
Sec. 183. Appropriate remedies.
    Chapter 4--Sentences to Account for Costs to the Government of 
                  Imprisonment, Release, and Probation

Sec. 191. Imposition of sentence.
Sec. 192. Duties of the sentencing commission.
                         TITLE II--SAFE SCHOOLS

Sec. 201. Definition.
Sec. 202. America's Safe Schools Program.
Sec. 203. Federal safe school districts.
             TITLE III--CRIMINAL ALIENS AND ALIEN SMUGGLING

               Subtitle A--Deportation of Criminal Aliens

Sec. 301. Deportation procedures for certain criminal aliens who are 
                            not permanent residents.
Sec. 302. Judicial deportation.
Sec. 303. Restricting defenses to deportation for certain criminal 
                            aliens.
Sec. 304. Enhancing penalties for failing to depart, or reentering, 
                            after final order of deportation.
Sec. 305. Miscellaneous and technical changes.
        Subtitle B--Prevention and Punishment of Alien Smuggling

Sec. 311. Increased penalties for alien smuggling.
Sec. 312. Smuggling aliens for commission of crimes.
Sec. 313. Addition of alien smuggling to RICO.
Sec. 314. Expanded forfeiture for smuggling or harboring illegal 
                            aliens.
Sec. 315. Expansion of definition of aggravated felony.
Sec. 316. Amendment of sentencing guidelines.
Sec. 317. Increased penalty for Visa fraud.
Sec. 318. Training of airline personnel in detection of fraudulent 
                            documents.
                       Subtitle C--Border Patrol

Sec. 321. Border Patrol agents.
Sec. 322. Immigration and Naturalization Service criminal 
                            investigators.
Sec. 323. Criminal alien tracking center.
           TITLE IV--GANGS, JUVENILES, DRUGS, AND PROSECUTORS

Sec. 401. Short title.
                    Subtitle A--Criminal Youth Gangs

Sec. 411. Criminal street gangs offenses.
Sec. 412. Crimes involving the use of minors as RICO predicates.
Sec. 413. Serious juvenile drug offenses as Armed Career Criminal Act 
                            predicates.
Sec. 414. Adult prosecution of serious juvenile offenders.
Sec. 415. Increased penalties for employing children to distribute 
                            drugs near schools and playgrounds.
Sec. 416. Increased penalties for drug trafficking near public housing.
Sec. 417. Increased penalties for Travel Act crimes involving violence 
                            and conspiracy to commit contract killings.
Sec. 418. Amendments concerning records of crimes committed by 
                            juveniles.
Sec. 419. Addition of anti-gang Byrne Grant funding objective.
                      Subtitle B--Gang Prosecution

Sec. 431. Additional prosecutors.
Sec. 432. Gang investigation coordination and information collection.
Sec. 433. Continuation of Federal-State funding formula.
Sec. 434. Grants for multijurisdictional drug task forces.
                 TITLE V--DRUG CONTROL AND RURAL CRIME

              Subtitle A--Drug Trafficking in Rural Areas

Sec. 501. Authorizations for rural law enforcement agencies.
Sec. 502. Rural crime and drug enforcement task forces.
Sec. 503. Cross-designation of Federal officers.
Sec. 504. Rural drug enforcement training.
            Subtitle B--Rural Drug Prevention and Treatment

Sec. 511. Rural substance abuse treatment and education grants.
                  Subtitle C--Rural Areas Enhancement

Sec. 521. Asset forfeiture.
Sec. 522. Prosecution of clandestine laboratory operators.
                      Subtitle D--Chemical Control

Sec. 531. Short title.
Sec. 532. Definition amendments.
Sec. 533. Registration requirements.
Sec. 534. Reporting of listed chemical manufacturing.
Sec. 535. Reports by brokers and traders; criminal penalties.
Sec. 536. Exemption authority; additional penalties.
Sec. 537. Amendments to list I.
Sec. 538. Elimination of regular supplier status and creation of 
                            regular importer status.
Sec. 539. Administrative inspections and authority.
Sec. 540. Threshold amounts.
Sec. 541. Management of listed chemicals.
Sec. 542. Forfeiture expansion.
Sec. 543. Attorney General access to the national practitioner data 
                            bank.
Sec. 544. Regulations and effective date.
                         Subtitle E--Personnel

Sec. 551. More agents for the Drug Enforcement Administration.
Sec. 552. Adequate staffing of the Office of National Drug Policy.
                  TITLE VI--PUNISHMENT AND DETERRENCE

                       Subtitle A--Death Penalty

Sec. 601. Short title.
Sec. 602. Death penalty procedures.
Sec. 603. Conforming amendment relating to destruction of aircraft or 
                            aircraft facilities.
Sec. 604. Conforming amendment relating to espionage.
Sec. 605. Conforming amendment relating to transporting explosives.
Sec. 606. Conforming amendment relating to malicious destruction of 
                            Federal property by explosives.
Sec. 607. Conforming amendment relating to malicious destruction of 
                            interstate property by explosives.
Sec. 608. Conforming amendment relating to murder.
Sec. 609. Conforming amendment relating to killing official guests or 
                            internationally protected persons.
Sec. 610. Murder by Federal prisoner.
Sec. 611. Conforming amendment relating to kidnapping.
Sec. 612. Conforming amendment relating to hostage taking.
Sec. 613. Conforming amendment relating to mailability of injurious 
                            articles.
Sec. 614. Conforming amendment relating to Presidential assassination.
Sec. 615. Conforming amendment relating to murder for hire.
Sec. 616. Conforming amendment relating to violent crimes in aid of 
                            racketeering activity.
Sec. 617. Conforming amendment relating to wrecking trains.
Sec. 618. Conforming amendment relating to bank robbery.
Sec. 619. Conforming amendment relating to terrorist acts.
Sec. 620. Conforming amendment relating to aircraft hijacking.
Sec. 621. Conforming amendment to Controlled Substances Act.
Sec. 622. Conforming amendment relating to genocide.
Sec. 623. Protection of court officers and jurors.
Sec. 624. Prohibition of retaliatory killings of witnesses, victims, 
                            and informants.
Sec. 625. Death penalty for murder of Federal law enforcement officers.
Sec. 626. Death penalty for murder of State or local law enforcement 
                            officers assisting Federal law enforcement 
                            officers.
Sec. 627. Implementation of the 1988 protocol for the suppression of 
                            unlawful acts of violence at airports 
                            serving international civil aviation.
Sec. 628. Amendment to Federal Aviation Act.
Sec. 629. Offenses of violence against maritime navigation or fixed 
                            platforms.
Sec. 630. Torture.
Sec. 631. Weapons of mass destruction.
Sec. 632. Homicides and attempted homicides involving firearms in 
                            Federal facilities.
Sec. 633. Death penalty for civil rights murders.
Sec. 634. Death penalty for murder of Federal witnesses.
Sec. 635. Drive-by shootings.
Sec. 636. Death penalty for gun murders during Federal crimes of 
                            violence and drug trafficking crimes.
Sec. 637. Death penalty for rape and child molestation murders.
Sec. 638. Protection of jurors and witnesses in capital cases.
Sec. 639. Inapplicability to Uniform Code of Military Justice.
Sec. 640. Death penalty for causing death in the sexual exploitation of 
                            children.
Sec. 641. Murder by escaped prisoners.
Sec. 642. Death penalty for murders in the District of Columbia.
                     Subtitle B--Equal Justice Act

Sec. 651. Short title.
Sec. 652. Prohibition of racially discriminatory policies concerning 
                            capital punishment or other penalties.
Sec. 653. General safeguards against racial prejudice or bias in the 
                            tribunal.
Sec. 654. Federal capital cases.
Sec. 655. Extension of protection of civil rights statutes.
    Subtitle C--Enhanced Penalties for Criminal Use of Firearms and 
                               Explosives

Sec. 661. Smuggling firearms in aid of drug trafficking.
Sec. 662. Prohibition against theft of firearms or explosives.
Sec. 663. Increased penalty for knowingly false, material statement in 
                            connection with the acquisition of a 
                            firearm from a licensed dealer.
Sec. 664. Summary destruction of explosives subject to forfeiture.
Sec. 665. Elimination of outmoded language relating to parole.
Sec. 666. Receipt of firearms by nonresident.
Sec. 667. Prohibition of theft of firearms or explosives from licensee.
Sec. 668. Increased penalty for interstate gun trafficking.
Sec. 669. Prohibition of transactions involving stolen firearms which 
                            have moved in interstate or foreign 
                            commerce.
Sec. 670. Possession of explosives by felons and others.
Sec. 671. Disposition of forfeited firearms.
Sec. 672. Definition of burglary under the armed career criminal 
                            statute.
                     Subtitle D--Exclusionary Rule

Sec. 681. Admissibility of certain evidence.
                  Subtitle E--Pre-Trial Interrogation

Sec. 691. Pre-trial interrogation.
       TITLE VII--ELIMINATION OF DELAYS IN CARRYING OUT SENTENCES

                Subtitle A--General Habeas Corpus Reform

Sec. 701. Short title.
Sec. 702. Period of limitation.
Sec. 703. Appeal.
Sec. 704. Amendment of Federal rules of appellate procedure.
Sec. 705. Section 2254 amendments.
Sec. 706. Section 2255 amendments.
            Subtitle B--Death Penalty Litigation Procedures

Sec. 711. Short title.
Sec. 712. Death penalty litigation procedures.
  Subtitle C--Equalization of Capital Habeas Corpus Litigation Funding

Sec. 721. Funding for death penalty prosecutions.
                  TITLE VIII--PREVENTION OF TERRORISM

                   Subtitle A--Penalties and Offenses

Sec. 801. Providing material support to terrorism.
Sec. 802. Enhanced penalties for certain offenses.
Sec. 803. Sentencing guidelines increase for terrorist crimes.
Sec. 804. Extension of the statute of limitations for certain terrorism 
                            offenses.
Sec. 805. Forfeiture of assets used to support terrorists.
Sec. 806. Alien witness cooperation.
Sec. 807. Territorial sea extending to 12 miles included in special 
                            maritime and territorial jurisdiction.
Sec. 808. Assimilated crimes in extended territorial sea.
Sec. 809. Jurisdiction over crimes against United States nationals on 
                            certain foreign ships.
Sec. 810. Penalties for international terrorist acts.
Sec. 811. Authorization of appropriations.
Sec. 812. International parental kidnapping.
Sec. 813. Foreign murder of United States nationals.
Sec. 814. Extradition.
Sec. 815. FBI access to telephone subscriber information.
                Subtitle B--Removal of Alien Terrorists

Sec. 821. Removal of alien terrorists.
                  Subtitle C--Enhanced Entry Controls

Sec. 831. Admissions fraud.
Sec. 832. Inspection and exclusion by immigration officers.
Sec. 833. Judicial review.
Sec. 834. Conforming amendments.
Sec. 835. Effective date.
               TITLE IX--VICTIMS' RIGHTS AND CHILD ABUSE

                      Subtitle A--Victims' Rights

Sec. 901. Restitution amendments.
Sec. 902. Right of the victim to an impartial jury.
Sec. 903. Mandatory restitution and other provisions.
               Subtitle B--National Child Protection Act

Sec. 911. Short title.
Sec. 912. Findings and purposes.
Sec. 913. Definitions.
Sec. 914. Reporting by the States.
Sec. 915. Background checks.
Sec. 916. Funding for improvement of child abuse crime information.
 Subtitle C--Jacob Wetterling Crimes Against Children Registration Act

Sec. 921. Short title.
Sec. 922. Establishment of program.
Sec. 923. State compliance.
          TITLE X--VIOLENT CRIMES AND LAW ENFORCEMENT SUPPORT

                       Subtitle A--Violent Crimes

Sec. 1001. Addition of attempted robbery, kidnapping, smuggling, and 
                            property damage offenses to eliminate 
                            inconsistencies and gaps in coverage.
Sec. 1002. Increase in maximum penalty for assault.
Sec. 1003. Increased maximum penalty for manslaughter.
Sec. 1004. Increased penalty for Travel Act violations.
Sec. 1005. Increased penalty for conspiracy to commit murder for hire.
Sec. 1006. Federal penalties for carjacking.
Sec. 1007. Increased mandatory minimum sentences for criminals using 
                            firearms.
Sec. 1008. Life imprisonment without release for criminals convicted a 
                            third time.
       Subtitle B--National Commission to Support Law Enforcement

Sec. 1021. Short title.
Sec. 1022. Findings.
Sec. 1023. Establishment of Commission.
Sec. 1024. Duties.
Sec. 1025. Membership.
Sec. 1026. Experts and consultants.
Sec. 1027. Powers of Commission.
Sec. 1028. Report.
Sec. 1029. Termination.
Sec. 1030. Authorization of appropriations.
Sec. 1031. Repeals.
                    TITLE XI--CIVIL RIGHTS OFFENSES

Sec. 1101. Increased maximum penalties for civil rights violations.
                      TITLE XII--PUBLIC CORRUPTION

Sec. 1201. Short title.
Sec. 1202. Public corruption.
Sec. 1203. Interstate commerce.
Sec. 1204. Narcotics-related public corruption.
                          TITLE XIII--FUNDING

Sec. 1301. Reduction in overhead costs incurred in federally sponsored 
                            research.
Sec. 1302. Overhead expense reduction.
Sec. 1303. Funding of programs authorized by this Act.

                         TITLE I--SAFE STREETS

                           Subtitle A--Police

                     CHAPTER 1--DEFENSE CONVERSION

SEC. 101. DEFINITION.

    In this chapter, ``former member of the Armed Forces'' means a 
member of the Armed Forces of the United States who is involuntarily 
separated from the Armed Forces within the meaning of section 1141 of 
title 10, United States Code.

SEC. 102. AMERICA'S SAFE STREETS PROGRAM.

    (a) Program Establishment.--
            (1) America's safe streets program.--The program 
        established by this section shall be referred to as ``America's 
        Safe Streets Program''.
            (2)  Agreements.--The Attorney General, in consultation 
        with the Secretary of Defense, may enter into an agreement with 
        a State or local law enforcement agency to pay, and may pay, 
        for a period of 6 years, including any required periods of 
        training, the salaries of former members of the Armed Forces 
        who are hired within 5 years after the date of enactment of 
        this Act as police officers assigned to neighborhood patrol 
        duties.
    (b) Amount.--
            (1) Maximum.--(A) The maximum Federal share of an annual 
        salary for the first 3 years that a police officer may be paid 
        under an agreement described in subsection (a) is the annual 
        salary earned by the officer during his or her last year as a 
        member of the Armed Forces.
            (B) The maximum Federal share of an annual salary for the 
        4th through 6th years that a police officer may be paid under 
        an agreement described in subsection (a) is 50 percent of the 
        annual salary earned by the officer during his or her last year 
        as a member of the Armed Forces.
            (2) Entry level.--To the extent that it is practicable to 
        do so, a State or local law enforcement agency shall hire a 
        former member of the Armed Forces whose salary is to be paid 
        under an agreement described in subsection (a) at a level of 
        seniority, in consideration of the former member's years of 
        service and training as a member of the Armed Forces, that will 
        permit the former member to be paid at least the maximum amount 
        of annual salary under paragraph (1).
            (3) Priority.--In making awards under this section, the 
        Attorney General may give priority to agencies located in 
        communities that are adversely affected by the recent closing 
        of a military base or facility.
            (4) Formula.--In making awards under this section, the 
        Attorney General shall insure that no State receives less than 
        .50 percent of the funds appropriated under this section.
    (c) Enlargement of Police Force.--It shall be a condition to 
payment of salaries under an agreement described in subsection (a) that 
the number of police officers assigned to neighborhood patrol duties 
(not including any officers whose salaries in whole or in part are paid 
under this title), and the size of the law enforcement agency's staff 
overall, shall not be diminished during the term of the agreement.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out the program authorized by this section--
            (1) $100,000,000 for fiscal year 1994;
            (2) $125,000,000 for fiscal year 1995;
            (3) $175,000,000 for fiscal year 1996;
            (4) $200,000,000 for fiscal year 1997; and
            (5) $200,000,000 for fiscal year 1998.

                     CHAPTER 2--COPS ON THE STREET

SEC. 111. SHORT TITLE.

    This chapter may be cited as the ``Cops on the Street Act of 
1993''.

SEC. 112. ENHANCED LOCAL LAW ENFORCEMENT.

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

                  ``PART Q--COPS ON THE STREET GRANTS

``SEC. 1701. GRANT AUTHORIZATION.

    ``The Director of the Bureau of Justice Assistance may make not 
less than 50, but not more than 100 grants to units of local government 
for the purposes of increasing police presence in the community. The 
Director shall take steps to ensure, to the extent practicable, that 
each State receives at least 1 grant.

``SEC. 1702. APPLICATION.

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

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

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

``SEC. 1704. SELECTION OF RECIPIENTS.

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

``SEC. 1705. REPORTS.

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

``SEC. 1706. DEFINITION.

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

                  ``Part Q--Cops on the Street Grants

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

``Sec. 1801. Continuation of rules, authorities, and proceedings.''.
    (c) Authorization of Appropriations.--Section 1001(a) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793) 
is amended--
            (1) in paragraph (3) by striking ``and O'' and inserting 
        ``O, P, and Q''; and
            (2) by adding at the end the following new paragraph:
    ``(11) There are authorized to be appropriated to carry out 
projects under part Q--
            ``(A) $100,000,000 for fiscal year 1994;
            ``(B) $100,000,000 for fiscal year 1995;
            ``(C) $150,000,000 for fiscal year 1996;
            ``(D) $150,000,000 for fiscal year 1997; and
            ``(E) $150,000,000 for fiscal year 1998.''.

                    CHAPTER 3--POLICE CORPS PROGRAM

SEC. 121. PURPOSES.

    The purposes of this chapter are to--
            (1) address violent crime in urban and rural areas by 
        increasing the number of police with advanced education and 
        training on community patrol; and
            (2) provide educational assistance to law enforcement 
        personnel and to students who possess a sincere interest in 
        public service in the form of law enforcement.

SEC. 122. DEFINITIONS.

    In this chapter--
            ``academic year'' means a traditional academic year 
        beginning in August or September and ending in the following 
        May or June.
            ``dependent child'' means a natural or adopted child or 
        stepchild of a law enforcement officer who at the time of the 
        officer's death--
                    (1) was no more than 21 years old; or
                    (2) if older than 21 years, was in fact dependent 
                on the child's parents for at least one-half of the 
                child's support (excluding educational expenses), as 
                determined by the Director.
            ``Director'' means the Director of the Office of the Police 
        Corps and Law Enforcement Education appointed under section 
        123.
            ``educational expenses'' means expenses that are directly 
        attributable to--
                    (1) a course of education leading to the award of 
                the baccalaureate degree in legal- or criminal justice-
                related studies; or
                    (2) a course of graduate study legal or criminal 
                justice studies following award of a baccalaureate 
                degree,
        including the cost of tuition, fees, books, supplies, 
        transportation, room and board and miscellaneous expenses.
            ``institution of higher education'' has the meaning stated 
        in the first sentence of section 1201(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1141(a)).
            ``participant'' means a participant in the Police Corps 
        program selected pursuant to section 126.
            ``State'' means a State of the United States, the District 
        of Columbia, the Commonwealth of Puerto Rico, the Virgin 
        Islands, American Samoa, Guam, and the Commonwealth of the 
        Northern Mariana Islands.
            ``State Police Corps program'' means a State police corps 
        program approved under section 138.

SEC. 123. ESTABLISHMENT OF OFFICE OF THE POLICE CORPS AND LAW 
              ENFORCEMENT EDUCATION.

    (a) Establishment.--There is established in the Department of 
Justice, under the general authority of the Attorney General, an Office 
of the Police Corps.
    (b) Appointment of Director.--The Office of the Police Corps and 
Law Enforcement Education shall be headed by a Director who shall be 
appointed by the President, by and with the advice and consent of the 
Senate.
    (c) Responsibilities of Director.--The Director shall be 
responsible for the administration of the Police Corps program 
established in this chapter and shall have authority to promulgate 
regulations to implement this chapter.

SEC. 124. DESIGNATION OF LEAD AGENCY AND SUBMISSION OF STATE PLAN.

    (a) Lead Agency.--A State that desires to participate in the Police 
Corps program shall designate a lead agency that will be responsible 
for--
            (1) submitting to the Director a State plan described in 
        subsection (b); and
            (2) administering the program in the State.
    (b) State Plans.--A State plan shall--
            (1) contain assurances that the lead agency shall work in 
        cooperation with the local law enforcement liaisons, 
        representatives of police management organizations, and other 
        appropriate State and local agencies to develop and implement 
        interagency agreements designed to carry out the program;
            (2) contain assurances that the State shall advertise the 
        assistance available under this chapter;
            (3) contain assurances that the State shall screen and 
        select law enforcement personnel for participation in the 
        program;
            (4) if the State desires to participate in the Police Corps 
        program, meet the requirements of section 128; and
            (5) demonstrate that the State has the capacity to employ 
        the participants in the Police Corps program from that State.

SEC. 125. SCHOLARSHIP ASSISTANCE.

    (a) Scholarships Authorized.--(1) The Director may award 
scholarships to participants who agree to work in a State or local 
police force in accordance with agreements entered into pursuant to 
subsection (d).
    (2)(A) Except as provided in subparagraph (B) each scholarship 
payment made under this section for each academic year shall not exceed 
the lesser of--
            (i) $7,500; or
            (ii) the cost of the educational expenses related to 
        attending an institution of higher education.
    (B) In the case of a participant who is pursuing a course of 
educational study during substantially an entire calendar year, the 
amount of scholarship payments made during such year shall not exceed 
$10,000.
    (C) The total amount of scholarship assistance received by any 1 
student under this section shall not exceed $30,000.
    (3) Recipients of scholarship assistance under this section shall 
continue to receive such scholarship payments only during such periods 
as the Director finds that the recipient is maintaining satisfactory 
progress as determined by the institution of higher education the 
recipient is attending.
    (4)(A) The Director shall make scholarship payments under this 
section directly to the institution of higher education that the 
student is attending.
    (B) Each institution of higher education receiving a payment on 
behalf of a participant pursuant to subparagraph (A) shall remit to 
such student any funds in excess of the costs of tuition, fees, and 
room and board payable to the institution.
    (b) Reimbursement Authorized.--(1) The Director may make payments 
to a participant to reimburse such participant for the costs of 
educational expenses if such student agrees to work in a State or local 
police force in accordance with the agreement entered into pursuant to 
subsection (d).
    (2)(A) Each payment made pursuant to paragraph (1) for each 
academic year of study shall not exceed--
            (i) $7,500; or
            (ii) the cost of educational expenses related to attending 
        an institution of higher education.
    (B) In the case of a participant who is pursuing a course of 
educational study during substantially an entire calendar year, the 
amount of scholarship payments made during such year shall not exceed 
$10,000.
    (C) The total amount of payments made pursuant to subparagraph (A) 
to any 1 student shall not exceed $30,000.
    (c) Use of Scholarship.--Scholarships awarded under this subsection 
shall only be used to pay educational expenses incurred while in 
attendance at an institution of higher education--
            (1) in a course of education leading to the award of a 
        baccalaureate degree in the area of legal or criminal justice 
        related studies, including attendance at such an institution 
        that does not itself award such a degree if the courses taken 
        there are acceptable for credit toward a degree at an 
        institution that does award such a degree, and including, in 
        the discretion of the Director, such expenses incurred prior to 
        enrollment in the Police Corps program; and
            (2) for graduate and professional study.
    (d) Agreement.--(1) Each participant receiving a scholarship or a 
payment under this section shall enter into an agreement with the 
Director. Each such agreement shall contain assurances that the 
participant shall--
            (A) after successful completion of a baccalaureate program, 
        work for 4 years in a State or local police force without there 
        having arisen sufficient cause for the participant's dismissal 
        under the rules applicable to members of the police force of 
        which the participant is a member;
            (B) complete satisfactorily an educational course of study 
        and receipt of a baccalaureate degree (in the case of 
        undergraduate study) or the reward of credit to the participant 
        for having completed one or more graduate courses (in the case 
        of graduate study); and
            (C) repay all of the scholarship or payment received plus 
        interest at the rate of 10 percent in the event that the 
        conditions of subparagraphs (A) and (B) are not complied with.
    (2)(A) A recipient of a scholarship or payment under this section 
shall not be considered in violation of the agreement entered into 
pursuant to paragraph (1) if the recipient--
            (i) dies; or
            (ii) becomes permanently and totally disabled as 
        established by the sworn affidavit of a qualified physician.
    (B) The Director shall expeditiously seek repayment from 
participants who violate the agreement described in paragraph (1).
    (e) Dependent Child.--A dependent child of a law enforcement 
officer--
            (1) who is a member of a State or local police force or is 
        a Federal criminal investigator or uniformed police officer,
            (2) who is not a participant in the Police Corps program, 
        but
            (3) who serves in a State for which the Director has 
        approved a Police Corps plan, and
            (4) who is killed in the course of performing police 
        duties,
shall be entitled to the scholarship assistance authorized in this 
section for any course of study in any institution of higher education. 
Such dependent child shall not incur any repayment obligation in 
exchange for the scholarship assistance provided in this section.
    (f) Gross Income.--For purposes of section 61 of the Internal 
Revenue Code of 1986, a participant's or dependent child's gross income 
shall not include any amount paid as scholarship assistance under this 
section.
    (g) Application.--Each participant desiring a scholarship or 
payment under this section shall submit an application as prescribed by 
the Director in such manner and accompanied by such information as the 
Director may reasonably require.

SEC. 126. SELECTION OF PARTICIPANTS.

    (a) In General.--Participants in State Police Corps programs shall 
be selected on a competitive basis by each State under regulations 
prescribed by the Director. A State may only select as many 
participants as State police or local law enforcement agencies are 
willing to accept and are capable of accepting. A State shall certify 
that for each participant selected, a State police or local law 
enforcement agency has agreed to accept a participant.
    (b) Selection Criteria and Qualifications.--(1) In order to 
participate in a State Police Corps program, a participant shall--
            (A) be a citizen of the United States;
            (B) meet the requirements for admission as a trainee of the 
        State or local police force to which the participant will be 
        assigned pursuant to the State Police Corps plan, including 
        achievement of satisfactory scores on any applicable 
        examination, except that failure to meet the age requirement 
        for a trainee of the State or local police shall not disqualify 
        the applicant if the applicant will be of sufficient age upon 
        completing an undergraduate course of study;
            (C) possess the necessary mental and physical capabilities 
        and emotional characteristics to discharge effectively the 
        duties of a law enforcement officer;
            (D) be of good character and demonstrate sincere motivation 
        and dedication to law enforcement and public service;
            (E) in the case of an undergraduate, agree in writing that 
        the participant will complete an educational course of study 
        leading to the award of a baccalaureate degree in law- or 
        criminal justice-related studies and will then accept an 
        appointment and complete 4 years of service as an officer in 
        the State police or in a local police department within the 
        State;
            (F) in the case of a participant desiring to undertake or 
        continue graduate study in law- or criminal justice-related 
        studies, agree in writing that the participant will accept an 
        appointment and complete 4 years of service as an officer in 
        the State police or in a local police department within the 
        State before undertaking or continuing graduate study;
            (G) contract, with the consent of the participant's parent 
        or guardian if the participant is a minor, to serve for 4 years 
        as an officer in the State police or in a local police 
        department, if an appointment is offered; and
            (H) except as provided in paragraph (2), be without 
        previous law enforcement experience; and
    (2)(A) Until the date that is 5 years after the date of enactment 
of this Act, up to 10 percent of the applicants accepted into the 
Police Corps program may be persons who--
            (i) have had some law enforcement experience; and
            (ii) have demonstrated special leadership potential and 
        dedication to law enforcement.
    (B)(i) The prior period of law enforcement of a participant 
selected pursuant to subparagraph (A) shall not be counted toward 
satisfaction of the participant's 4-year service obligation under 
section 127, and such a participant shall be subject to the same 
benefits and obligations under this subtitle as other participants, 
including those stated in paragraph (1) (E) and (F).
    (ii) Clause (i) shall not be construed to preclude counting a 
participant's previous period of law enforcement experience for 
purposes other than satisfaction of the requirements of section 127, 
such as for purposes of determining such a participant's pay and other 
benefits, rank, and tenure.
    (3) It is the intent of this chapter that there shall be no more 
than 20,000 participants in each graduating class. The Director shall 
approve State plans providing in the aggregate for such enrollment of 
applicants as shall ensure, as nearly as possible, that there will be 
annual graduating classes of 20,000. Each State shall be entitled to at 
least 250 participants. In a year in which applications are received in 
a number greater than that which will produce, in the judgment of the 
Director, a graduating class of more than 20,000, the Director shall, 
in deciding which applications to grant, give preference to those who 
will be participating in State plans that provide law enforcement 
personnel to urban and rural areas of greatest need.
    (c) Recruitment of Minorities.--Each State participating in the 
Police Corps program shall make special efforts to seek and recruit 
qualified applicants from among members of all racial, ethnic or gender 
groups. This subsection does not authorize an exception from the 
competitive standards for admission established pursuant to subsections 
(a) and (b).
    (d) Enrollment of Applicant.--(1) An applicant shall be accepted 
into a State Police Corps program on the condition that the applicant 
will be matriculated in, or accepted for admission at, an institution 
of higher education--
            (A) as a full-time student in an undergraduate program 
        leading to the award of a baccalaureate degree; or
            (B) for purposes of taking a graduate or professional 
        course.
    (2) If the applicant is not matriculated or accepted as set forth 
in paragraph (1), the applicant's acceptance in the program shall be 
revoked.
    (e) Leave of Absence.--(1) A participant in a State Police Corps 
program who requests a leave of absence from educational study, 
training or service for a period not to exceed 1 year (or 18 months in 
the aggregate in the event of multiple requests) due to temporary 
physical or emotional disability shall be granted such leave of absence 
by the State.
    (2) A participant who requests a leave of absence from educational 
study, training or service for a period not to exceed 1 year (or 18 
months in the aggregate in the event of multiple requests) for any 
reason other than those listed in paragraph (1) may be granted such 
leave of absence by the State.
    (3) A participant who requests a leave of absence from educational 
study or training for a period not to exceed 30 months to serve on an 
official church mission may be granted such leave of absence.
    (f) Admission of Applicants.--An applicant may be admitted into a 
State Police Corps program either before commencement of or during the 
applicant's course of educational study.

SEC. 127. SERVICE OBLIGATION.

    (a) Swearing In.--Upon completing satisfactorily the participant's 
course of education and meeting the requirements of the police force to 
which the participant is assigned, a participant shall be sworn in as a 
member of the police force to which the participant is assigned 
pursuant to the State Police Corps plan, and shall serve for 4 years as 
a member of that police force.
    (b) Rights and Responsibilities.--A participant shall have all of 
the rights and responsibilities of and shall be subject to all rules 
and regulations applicable to other members of the police force of 
which the participant is a member, including those contained in 
applicable agreements with labor organizations and those provided by 
State and local law.
    (c) Discipline.--If the police force of which the participant is a 
member subjects the participant to discipline such as would preclude 
the participant's completing 4 years of service, and result in denial 
of educational assistance under section 125, the Director may, upon a 
showing of good cause, permit the participant to complete the service 
obligation in an equivalent alternative law enforcement service and, if 
such service is satisfactorily completed, section 125(d)(1)(C) shall 
not apply.
    (d) Layoffs.--If the police force of which the participant is a 
member lays off the participant such as would preclude the 
participant's completing 4 years of service, and result in denial of 
educational assistance under section 125, the Director may permit the 
participant to complete the service obligation in an equivalent 
alternative law enforcement service and, if such service is 
satisfactorily completed, section 125(d)(1)(C) shall not apply.

SEC. 128. STATE PLAN REQUIREMENTS.

    A State Police Corps plan shall--
            (1) provide for the screening and selection of participants 
        in accordance with the criteria set out in section 126;
            (2) state procedures governing the assignment of 
        participants in the Police Corps program to State and local 
        police forces (no more than 10 percent of all the participants 
        assigned in each year by each State to be assigned to a 
        statewide police force or forces);
            (3) provide that participants shall be assigned to those 
        geographic areas in which--
                    (A) there is the greatest need for additional law 
                enforcement personnel; and
                    (B) the participants will be used most effectively;
            (4) provide that to the extent consistent with paragraph 
        (3), a participant shall be assigned to an area near the 
        participant's home or such other place as the participant may 
        request;
            (5) provide that to the extent feasible, a participant's 
        assignment shall be made at the time the participant is 
        accepted into the program, subject to change--
                    (A) prior to commencement of a participant's fourth 
                year of undergraduate study, under such circumstances 
                as the plan may specify; and
                    (B) from commencement of a participant's fourth 
                year of undergraduate study until completion of 4 years 
                of police service by participant, only for compelling 
                reasons or to meet the needs of the State Police Corps 
                program and only with the consent of the participant;
            (6) provide that no participant shall be assigned to serve 
        with a local police force--
                    (A) the size of which has declined by more than 5 
                percent during the preceding year; or
                    (B) which has members who have been laid off but 
                not retired;
            (7) provide that participants shall be placed and to the 
        extent feasible kept on community and preventive patrol;
            (8) assure that participants will receive effective 
        training and leadership;
            (9) provide that the State may decline to offer a 
        participant an appointment or may remove a participant from the 
        Police Corps program at any time, only for good cause 
        (including failure to make satisfactory progress in a course of 
        educational study) and after following reasonable review 
        procedures stated in the plan;
            (10) provide for the direct involvement of law enforcement 
        officials in determining the number of participants and their 
        assignments; and
            (11) provide that a participant shall, while serving as a 
        member of a police force, be compensated at the same rate of 
        pay and benefits and enjoy the same rights under applicable 
        agreements with labor organizations and under State and local 
        law as other police officers of the same rank and tenure in the 
        police force of which the participant is a member.

SEC. 129. REPORTS TO CONGRESS.

    (a) Annual Reports.--(1) Not later than April 1 of each year, the 
Director shall submit a report to the Attorney General, the President, 
the Speaker of the House of Representatives, and the President pro 
tempore of the Senate.
    (2) The report described in paragraph (1) shall--
            (A) state the number of current and past participants in 
        the Police Corps program, categorized according to the levels 
        of educational study in which they are engaged and years of 
        service they have served on police forces (including service 
        following completion of the 4-year service obligation); and
            (B) describe the geographic dispersion of participants in 
        the Police Corps program.

SEC. 130. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Department of 
Justice to carry out this chapter--
            (1) $50,000,000 for fiscal year 1994;
            (2) $100,000,000 for fiscal year 1995; and
            (3) $100,000,000 for fiscal year 1996.

                  CHAPTER 4--COMMUNITY POLICING GRANTS

SEC. 141. COMMUNITY POLICING GRANTS.

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

                  ``PART R--COMMUNITY POLICING GRANTS

``SEC. 1801. GRANT AUTHORIZATION.

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

``SEC. 1802. APPLICATION.

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

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

    ``(a) Allocation.--The Director shall allocate not less than 75 
percent of the funds available under this part to units of local 
government or combinations of such units and not more than 20 percent 
of the funds available under this part to community groups. Each State 
shall receive at least .50 percent of the funds available under this 
part.
    ``(b) Administrative Cost Limitation.--The Director shall use not 
more than 5 percent of the funds available under this part for the 
purposes of administration, technical assistance, and evaluation.
    ``(c) Renewal of Grants.--A grant under this part may be renewed 
for up to 2 additional years after the first fiscal year during which 
the recipient receives its initial grant, subject to the availability 
of funds, if the Director determines that the funds made available to 
the recipient during the previous year were used in a manner required 
under the approved application and if the recipient can demonstrate 
significant progress toward achieving the goals of the plan required 
under section 1802(c).
    ``(d) Federal Share.--The Federal share of a grant made under this 
part may not exceed 75 percent of the total costs of the projects 
described in the application submitted under section 1802 for the 
fiscal year for which the projects receive assistance under this part.

``SEC. 1804. AWARD OF GRANTS.

    ``The Director shall consider the following factors in awarding 
grants to units of local government or combinations of such units under 
this part:
            ``(1) Need and ability.--Demonstrated need and evidence of 
        the ability to provide the services described in the plan 
        required under section 1802(c).
            ``(2) Community-wide response.--Evidence of the ability to 
        coordinate community-wide response to crime.
            ``(3) Maintain program.--The ability to maintain a program 
        to control and prevent crime after funding under this part is 
        no longer available.

``SEC. 1805. REPORTS.

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

``SEC. 1806. DEFINITIONS.

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

                  ``Part R--Community Policing Grants

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

``Sec. 1901. Continuation of rules, authorities, and proceedings.''.
    (c) Authorization of Appropriations.--Section 1001(a) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3793(a)), as amended by section 112(c), is amended--
            (1) in paragraph (3) by striking ``and Q'' and inserting 
        ``Q and R''; and
            (2) by adding at the end the following new paragraph:
    ``(12) There are authorized to be appropriated to carry out 
projects under part R $60,000,000 for each of fiscal years 1994, 1995, 
1996, 1997, and 1998.''.

         CHAPTER 5--IMPROVED TRAINING AND TECHNICAL AUTOMATION

SEC. 151. GRANTS.

    (a) In General.--The Attorney General shall make grants to units of 
State and local law enforcement for the purposes of improving law 
enforcement agency efficiency through computerized automation and 
technological improvements.
    (b) Types of Programs.--Grants under this section may include 
programs to--
            (1) increase use of mobile digital terminals;
            (2) improve communications systems;
            (3) accomplish paper-flow reduction;
            (4) establish or improve ballistics identification 
        programs; and
            (5) increase the application of automated fingerprint 
        identification systems and their communications on an 
        interstate and intrastate basis.

SEC. 152. TRAINING COURSES.

    (a) In General.--The Attorney General shall expand and improve 
investigative and managerial training courses for State and local law 
enforcement agencies.
    (b) Improvement of Facilities.--The improvement described in 
subsection (a) shall include improvements of the training facilities of 
the Federal Bureau of Investigation Academy at Quantico, Virginia.

SEC. 153. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this chapter 
$100,000,000 for fiscal year 1994.

                          Subtitle B--Prisons

CHAPTER 1--REGIONAL PRISONS FOR VIOLENT CRIMINALS AND VIOLENT CRIMINAL 
                                 ALIENS

SEC. 161. DEFINITIONS.

    In this chapter--
            ``child abuse offense'' means an offense under Federal or 
        State law that constitutes sexual exploitation of children or 
        selling or buying of children within the meaning of chapter 110 
        of title 18, United States Code.
            ``firearm offense'' means an offense under Federal or State 
        law committed while the offender is in possession of a firearm 
        or while an accomplice of the offender, to the knowledge of the 
        offender, is in possession of a firearm.
            ``crime of violence'' means a felony offense under Federal 
        or State law that is a crime of violence within the meaning of 
        section 16 of title 18, United States Code.
            ``qualifying prisoner'' means--
                    (A) an alien who is in this country illegally or 
                unlawfully and who has been convicted of a crime of 
                violence (as defined in section 924(c)(3) of title 18, 
                United States Code) or a serious drug offense (as 
                defined in section 924(e)(2)(A) of title 18, United 
                States Code); and
                    (B) a violent criminal.
            ``sex offense'' means an offense under Federal or State law 
        that constitutes aggravated sexual abuse, sexual abuse, sexual 
        abuse of a minor or ward, or abusive sexual contact within the 
        meaning of chapter 109A of title 18, United States Code.
            ``violent criminal''--
                    (A) means a person convicted under Federal law of 
                an offense described in, under the circumstances 
                described in, the provisions of section 924 (c) or (e) 
                of title 18 or section 994(h) of title 28, United 
                States Code, or under State law for the same or a 
                similar offense; and
                    (B) insofar as any of the circumstances described 
                in an offense described in subparagraph (A) is the 
                prior conviction of an offense, includes a person who 
                had been adjudicated as a juvenile delinquent by reason 
                of the commission of an act that, if committed by an 
                adult, would constitute such an offense.

SEC. 162. CONSTRUCTION OF PRISONS.

    The Attorney General shall construct a minimum of 10 regional 
prisons, situated throughout the United States, each containing space 
for at least 2,500 inmates. At least 50 percent of the overall capacity 
of such prisons in the aggregate shall be dedicated to qualifying 
prisoners from qualifying States.

SEC. 163. ACCEPTANCE OF PRISONERS.

    Any qualifying State may apply to the Attorney General to accept 
any qualifying prisoner. If, in the Attorney General's judgment there 
are likely to be more qualifying prisoners than there is space 
available, then to the extent that the Attorney General deems it 
practicable, the Attorney General should seek to allocate space among 
qualifying States in a proportion similar to the number of qualifying 
prisoners held by that State in relation to the total number of 
qualifying prisoners from qualifying States.

SEC. 164. QUALIFYING STATE.

    (a) In General.--The Attorney General shall not certify a State as 
a qualifying State under this chapter unless the State is providing--
            (1) truth in sentencing with respect to any crime of 
        violence that is consistent with that provided in the Federal 
        system in chapter 229 of title 18, United States Code, which 
        provides that defendants will serve at least 85 percent of the 
        sentence ordered and which provides for a binding sentencing 
        guideline system in which sentencing judges' discretion is 
        limited to ensure greater uniformity in sentencing;
            (2) pretrial detention similar to that provided in the 
        Federal system under section 3142 of title 18, United States 
        Code;
            (3) sentences for firearm offenders, violent criminals, sex 
        offenders, and child abuse offenders that, after application of 
        relevant sentencing guidelines, result in the imposition of 
        sentences that are at least as long as those imposed under 
        Federal law (after application of relevant sentencing 
        guidelines); and
            (4) suitable recognition for the rights of victims, 
        including consideration of the victim's perspective at all 
        appropriate stages of criminal proceedings.
    (b) Disqualification.--The Attorney General shall withdraw a 
State's status as a qualifying State if the Attorney General finds that 
the State no longer appropriately provides for the matters described in 
subsection (a) or has ceased making substantial progress toward 
attaining them, in which event the State shall no longer be entitled to 
the benefits of this chapter, except to the extent the Attorney General 
otherwise directs.
    (c) Waiver.--The Attorney General may waive any of the requirements 
of this section with respect to a particular State if the Attorney 
General certifies that, in the Attorney General's judgment, there are 
compelling law enforcement reasons for doing so. Any State granted any 
such waiver shall be treated as a qualifying State for all purposes of 
this chapter, unless the Attorney General otherwise directs.

SEC. 165. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this chapter--
            (1) $200,000,000 for fiscal year 1994;
            (2) $400,000,000 for fiscal year 1995;
            (3) $400,000,000 for fiscal year 1996;
            (4) $500,000,000 for fiscal year 1997; and
            (5) $500,000,000 for fiscal year 1998.

 CHAPTER 2--FEDERAL GRANTS FOR STATE PRISON CONSTRUCTION AND OPERATION

SEC. 171. DEFINITION.

    In this chapter, ``new prison'' means--
            (1) a prison or city or county detention facility, 
        including an addition to an existing prison or city or county 
        detention facility, certified by the State, and approved by the 
        Attorney General, as providing additional prison capacity 
        beyond that which the State previously had available or had 
        already planned to construct; and
            (2) a prison that is principally dedicated, as determined 
        by the Attorney General, to housing repeat violent offenders 
        and sex offenders.

SEC. 172. GRANTS.

    The Attorney General may enter into agreements with any qualifying 
State to provide construction grants or operating grants for new 
prisons.

SEC. 173. CONSTRUCTION GRANTS.

    The Attorney General may make construction grants for up to 50 
percent of the construction costs, as approved by the Director of the 
Federal Bureau of Prisons, for new prisons.

SEC. 174. OPERATING GRANTS.

    The Attorney General may make operating grants for up to 50 percent 
of the operating costs, as approved by the Director of the Federal 
Bureau of Prisons, for new prisons.

SEC. 175. CANCELING GRANTS.

    The Attorney General may, in the Attorney General sole discretion, 
cancel any construction grant or operating grant if the Attorney 
General finds that a State is using those funds to substitute for 
existing funds or to provide prison space that substitutes for existing 
prison space.

SEC. 176. DISTRIBUTION OF GRANTS.

    The Attorney General shall ensure that each State receives no less 
than 50 percent of the funds made available under this chapter.

SEC. 177. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this chapter 
$200,000,000 for each of fiscal years 1994, 1995, 1996, 1997, and 1998, 
of which 50 percent shall be used for construction grants and 50 
percent shall be used for operating grants, except that the Attorney 
General may alter those allocations if the Attorney General certifies 
that there are compelling law enforcement reasons for doing so.

            CHAPTER 3--JUDICIAL REMEDIES FOR PRISON CROWDING

SEC. 181. PURPOSE.

    The purpose of this chapter is to provide for reasonable and proper 
enforcement of the eighth amendment.

SEC. 182. FINDINGS.

    The Congress finds that--
            (1) the Federal courts are unreasonably endangering the 
        community by issuing sweeping prison and jail cap orders as a 
        remedy for detention conditions that they hold are in conflict 
        with the eighth amendment; and
            (2) eighth amendment holdings frequently are unjustified 
        because of the absence of a plaintiff inmate who has proven 
        that detention conditions inflict cruel and unusual punishment 
        of that inmate.

SEC. 183. APPROPRIATE REMEDIES.

    (a) Amendment of Title 18, United States Code.--Subchapter C of 
chapter 229 of part 2 of title 18, United States Code, is amended by 
adding at the end the following new section:
``Sec. 3626. Appropriate remedies with respect to prison crowding
    ``(a) Requirement of Showing With Respect To the Plaintiff in 
Particular.--
            ``(1) Holding.--A Federal court shall not hold prison or 
        jail crowding unconstitutional under the eighth amendment 
        except to the extent that an individual plaintiff inmate proves 
        that the crowding causes the infliction of cruel and unusual 
        punishment of that inmate.
            ``(2) Relief.--The relief in a case described in paragraph 
        (1) shall extend no further than necessary to remove the 
        conditions that are causing the cruel and unusual punishment of 
        the plaintiff inmate.
    ``(b) Inmate Population Ceilings.--
            ``(1) Requirement of showing with respect to particular 
        prisoners.--A Federal court shall not place a ceiling on the 
        inmate population of any Federal, State, or local detention 
        facility as an equitable remedial measure for conditions that 
        violate the eighth amendment unless crowding is inflicting 
        cruel and unusual punishment on particular identified 
        prisoners.
            ``(2) Rule of construction.--Paragraph (1) shall not be 
        construed to have any effect on Federal judicial power to issue 
        equitable relief other than that described in paragraph (1), 
        including the requirement of improved medical or health care 
        and the imposition of civil contempt fines or damages, where 
        such relief is appropriate.
    ``(c) Periodic Reopening.--Each Federal court order seeking to 
remedy an eighth amendment violation shall be reopened at the behest of 
a defendant for recommended modification at a minimum of 2-year 
intervals.''.
    (b) Application of Amendment.--Section 3626 of title 18, United 
States Code, as added by paragraph (1), shall apply to all outstanding 
court orders on the date of enactment of this Act. Any State or 
municipality shall be entitled to seek modification of any outstanding 
eighth amendment decree pursuant to that section.
    (c) Technical Amendment.--The subchapter analysis for subchapter C 
of chapter 229 of title 18, United States Code, is amended by adding at 
the end the following new item:

``3626. Appropriate remedies with respect to prison crowding.''.
    (d) Sunset Provision.--This chapter and the amendments made by this 
chapter are repealed effective as of the date that is 5 years after the 
date of enactment of this Act.

    CHAPTER 4--SENTENCES TO ACCOUNT FOR COSTS TO THE GOVERNMENT OF 
                  IMPRISONMENT, RELEASE, AND PROBATION

SECTION 191. IMPOSITION OF SENTENCE.

    Section 3572(a) of title 18, United States Code, is amended--
            (1) by redesignating paragraphs (6) and (7) as paragraphs 
        (7) and (8), respectively; and
            (2) by inserting after paragraph (5) the following new 
        paragraph:
            ``(6) the expected costs to the government of any 
        imprisonment, supervised release, or probation component of the 
        sentence;''.

SEC. 192. DUTIES OF THE SENTENCING COMMISSION.

    Section 994 of title 28, United States Code, is amended by adding 
at the end the following new subsection:
    ``(y) The Commission, in promulgating guidelines pursuant to 
subsection (a)(1), may include, as a component of a fine, the expected 
costs to the Government of any imprisonment, supervised release, or 
probation sentence that is ordered.''.

                         TITLE II--SAFE SCHOOLS

SEC. 201. DEFINITION.

    In this title, ``former member of the Armed Forces'' means a member 
of the Armed Forces of the United States who is involuntarily separated 
from the Armed Forces within the meaning of section 1141 of title 10, 
United States Code.

SEC. 202. AMERICA'S SAFE SCHOOLS PROGRAM.

    (a) Program Establishment.--
            (1) America's safe schools program.--The program 
        established by this section shall be referred to as ``America's 
        Safe Schools Program''.
            (2) Agreements.--The Secretary of Education, in 
        consultation with the Secretary of Defense, may enter into an 
        agreement with a local educational agency to pay, and may pay, 
        for a period of 6 years, including any required periods of 
        training, the salaries of former members of the Armed Forces 
        who are hired within 5 years after the date of enactment of 
        this Act as teachers assigned to public elementary and 
        secondary schools.
    (b) Amount.--
            (1) Maximum.--(A) The maximum Federal share of an annual 
        salary for the first 3 years that a teacher may be paid under 
        an agreement described in subsection (a) is the annual salary 
        earned by the teacher during his or her last year as a member 
        of the Armed Forces.
            (B) The maximum Federal share of an annual salary for the 
        4th through 6th years that a teacher may be paid under an 
        agreement described in subsection (a) is 50 percent of the 
        annual salary earned by the teacher during his or her last year 
        as a member of the Armed Forces.
            (2) Entry level.--To the extent that it is practicable to 
        do so, a local educational agency shall hire a former member of 
        the Armed Forces whose salary is to be paid under an agreement 
        described in subsection (a) at a level of seniority, in 
        consideration of the former member's years of service and 
        training as a member of the Armed Forces, that will permit the 
        former member to be paid at least the maximum amount of annual 
        salary under paragraph (1).
            (3) Priority.--In making awards under this section the 
        Attorney General may give priority to agencies located in 
        communities that are adversely affected by the recent closing 
        of a military base or facility.
            (4) Formula.--The Attorney General shall ensure that each 
        State receives no less than .50 percent of the funds made 
        available under this title.
    (c) Enlargement of Teaching Staff.--It shall be a condition to 
payment of salaries under an agreement described in subsection (a) that 
the number of teachers in the public elementary and secondary schools 
in the school district served by the local educational agency (not 
including teachers whose salaries are paid in whole or in part under 
this title) shall not be diminished during the term of the agreement.
    (d) Priority for Safe School Districts.--The Secretary of Education 
shall give priority to school districts that have qualified as a safe 
school district under section 104 in entering into agreements under 
this section.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out the program authorized by this section 
$100,000,000 for each of fiscal years 1994, 1995, 1996, 1997, and 1998.

SEC. 203. FEDERAL SAFE SCHOOL DISTRICTS.

    (a) Election To Qualify.--
            (1) In general.--By decision of a local educational agency 
        or by referendum of the voters in a school district served by a 
        local educational agency, a school district may elect to 
        qualify as a Federal safe school district under this section.
            (2) Definition.--In this section, ``local educational 
        agency'' has the meaning stated in section 1471 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        2891).
    (b) Funding for Enhanced School Security.--
            (1) In general.--The Attorney General may make a grant to a 
        local educational agency serving a Federal safe school district 
        or to a local law enforcement agency with jurisdiction over the 
        school district, as appropriate, to pay for enhanced school 
        security measures.
            (2) Enhanced school security measures.--The measures that 
        may be funded by a grant under paragraph (1) include--
                    (A) equipping schools with metal detectors, fences, 
                closed circuit cameras, and other physical security 
                measures;
                    (B) providing increased police patrols in and 
                around schools, including police hired pursuant to this 
                title;
                    (C) mailings to parents at the beginning of the 
                school year stating that the possession of a gun or 
                other weapon in school will not be tolerated by school 
                authorities;
                    (D) signs on each school indicating that the school 
                is part of a Federal Safe School District; and
                    (E) gun hotlines.
    (c) Enhanced Mandatory Penalties for Drug Trafficking and Weapons 
Offenses.--
            (1) Application of federal law.--Notwithstanding any other 
        provision of law, in a Federal safe school district--
                    (A) the offenses enacted by paragraph (2) shall 
                apply;
                    (B) the United States attorney for the judicial 
                district in which the school district is located shall 
                prosecute as an adult any juvenile 16 years of age or 
                older who uses or carries a firearm in or within 1,000 
                feet of a public or private elementary or secondary 
                school.
            (2) Offenses.--(A) Section 922 of title 18, United States 
        Code, is amended by adding at the end the following new 
        subsection:
    ``(s) It shall be unlawful for--
            ``(1) a person who is less than 18 years of age; or
            ``(2) a person who is 18 years of age or older who does not 
        have lawful authority to do so,
to carry a firearm or otherwise cause a firearm to be transported into 
a public or private elementary or secondary school, or to possess a 
firearm within such a school, that is located within a school district 
that has elected to qualify as a Federal safe school district under 
section 203 of the Neighborhood Security Act of 1993.''.
            (B) Section 924 of title 18, United States Code, is amended 
        by adding at the end the following new subsection:
    ``(i)(1) A person who knowingly violates section 922(s) shall be 
fined under this title, imprisoned not more than 5 years, or both.
    ``(2) A person who knowingly violates section 922(s) by using a 
firearm shall be imprisoned for not more than 10 years.''.
            (C) The United States Sentencing Commission shall review 
        and amend its sentencing guidelines to assign an offense level 
        of at least 26 to a first offense under section 924(i)(2) of 
        title 18, United States Code, as added by subparagraph (B).
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out the program authorized by this section 
$100,000,000 for each of fiscal years 1994, 1995, 1996, 1997, and 1998.

             TITLE III--CRIMINAL ALIENS AND ALIEN SMUGGLING

               Subtitle A--Deportation of Criminal Aliens

SEC. 301. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO ARE 
              NOT PERMANENT RESIDENTS.

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

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

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

SEC. 302. JUDICIAL DEPORTATION.

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

SEC. 303. RESTRICTING DEFENSES TO DEPORTATION FOR CERTAIN CRIMINAL 
              ALIENS.

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

SEC. 304. ENHANCING PENALTIES FOR FAILING TO DEPART, OR REENTERING, 
              AFTER FINAL ORDER OF DEPORTATION.

    (a) Failure To Depart.--Section 242(e) of the Immigration and 
Nationality Act (8 U.S.C. 1252(e)) is amended--
            (1) by striking ``paragraph (2), (3), or 4 of'' the first 
        time it appears; and
            (2) by striking ``shall be imprisoned not more than ten 
        years'' and inserting ``shall be imprisoned not more than four 
        years, or shall be imprisoned not more than ten years if the 
        alien is a member of any of the classes described in paragraph 
        (1)(E), (2), (3), or (4) of section 241(a).''.
    (b) Reentry.--Section 276(b) of the Immigration and Nationality Act 
(8 U.S.C. 1326(b)) is amended--
            (1) in paragraph (1)--
                    (A) by inserting after ``commission of'' the 
                following: ``three or more misdemeanors or''; and
                    (B) by striking ``5'' and inserting ``10'';
            (2) in paragraph (2), by striking ``15'' and inserting 
        ``20''; and
            (3) by adding at the end the following sentence:
``For the purposes of this subsection, the term `deportation' includes 
any agreement in which an alien stipulates to deportation during a 
criminal trial under either Federal or State law.''.
    (c) Collateral Attacks on Underlying Deportation Order.--Section 
276 of the Immigration and Nationality Act (8 U.S.C. 1326) is amended 
by adding after subsection (b) the following new subsection:
    ``(c) In a criminal proceeding under this section, an alien may not 
challenge the validity of the deportation order described in subsection 
(a)(1) or subsection (b) unless the alien demonstrates that--
            ``(1) the alien exhausted any administrative remedies that 
        may have been available to seek relief against the order;
            ``(2) the deportation proceedings at which the order was 
        issued improperly deprived the alien of the opportunity for 
        judicial review; and
            ``(3) the entry of the order was fundamentally unfair.''.

SEC. 305. MISCELLANEOUS AND TECHNICAL CHANGES.

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

        Subtitle B--Prevention and Punishment of Alien Smuggling

SEC. 311. INCREASED PENALTIES FOR ALIEN SMUGGLING.

    Section 274(a) of the Immigration and Nationality Act (8 U.S.C. 
1324(a)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``or'' at the end of subparagraph 
                (C);
                    (B) by striking the comma at the end of 
                subparagraph (D) and all that follows through the 
                period and inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(E) engages in any conspiracy to commit any of the 
        preceding acts, or aids or abets the commission of any of the 
        preceding acts,
shall be fined under title 18, United States Code, and shall be 
imprisoned not more than 10 years, for each alien with respect to whom 
any violation of this paragraph occurs.''; and
            (2) by adding at the end the following new paragraphs:
    ``(3) Any person who commits an act described in paragraph (1) who 
willfully subjects any alien to a substantial risk of death or serious 
bodily harm shall be subject to a term of imprisonment of not more than 
10 years in addition to any term of imprisonment imposed under that 
paragraph.
    ``(4) Any person who in the perpetration of, or in the attempt to 
perpetrate, any violation of paragraph (1), causes the death of an 
alien shall be subject to the penalty of death, or life imprisonment, 
subject to appropriate procedures under chapter 228 of title 18, United 
States Code.
    ``(5) Any person who hires for employment an alien--
            ``(A) knowing that the alien is an unauthorized alien (as 
        defined in section 274A(h)(3)); and
            ``(B) knowing that the alien has been brought into the 
        United States in violation of this subsection,
shall be fined under title 18, United States Code, and shall be 
imprisoned for not more than 5 years.''.

SEC. 312. SMUGGLING ALIENS FOR COMMISSION OF CRIMES.

    Section 274(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
1324(a)(2)) is amended--
            (1) in subparagraph (B)--
                    (A) by striking ``or'' at the end of clause (ii);
                    (B) by redesignating clause (iii) as clause (iv); 
                and
                    (C) by inserting after clause (ii) the following:
                            ``(iii) an offense committed with the 
                        intent that the alien unlawfully brought into 
                        the United States will commit an offense 
                        against the United States punishable for more 
                        than 1 year, including violations of or 
                        attempted violations of or aiding and abetting 
                        violations of or conspiring to violate the 
                        Controlled Substances Act (21 U.S.C. 802) or 
                        laws against prostitution, importation of 
                        aliens for immoral purposes, trafficking in 
                        firearms, money laundering, gang activities, 
                        kidnapping or ransom demands, fraudulent 
                        documents, or extortion, the smuggling of known 
                        or suspected terrorists or persons involved in 
                        organized crime,''; and
            (2) at the end by striking ``be fined'' and all that 
        follows through the period and inserting the following: ``be 
        fined under title 18, United States Code, and shall be 
        imprisoned not more than 10 years.''.

SEC. 313. ADDITION OF ALIEN SMUGGLING TO RICO.

    Section 1961(1) of title 18, United States Code, is amended--
            (1) by striking ``or'' after ``law of the United States,'';
            (2) by inserting ``or'' at the end of subparagraph (E); and
            (3) by adding at the end the following:
            ``(F) any act in violation of section 274 of the 
        Immigration and Nationality Act.''.

SEC. 314. EXPANDED FORFEITURE FOR SMUGGLING OR HARBORING ILLEGAL 
              ALIENS.

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

SEC. 315. EXPANSION OF DEFINITION OF AGGRAVATED FELONY.

    (a) Expansion of Definition.--Section 101(a)(43) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(43)) is amended to read as 
follows:
            ``(43) The term `aggravated felony' means--
                    ``(A) murder;
                    ``(B) illicit trafficking in a controlled substance 
                (as defined in section 102 of the Controlled Substances 
                Act), including a drug trafficking crime (as defined in 
                section 924(c) of title 18, United States Code);
                    ``(C) illicit trafficking in firearms or 
                destructive devices (as defined in section 921 of title 
                18, United States Code) or in explosive materials (as 
                defined in section 841(c) of that title);
                    ``(D) an offense described in section 1956 of title 
                18, United States Code (relating to laundering of 
                monetary instruments) or section 1957 of that title 
                (relating to engaging in monetary transactions in 
                property derived from specific unlawful activity) if 
                the amount of the funds exceeded $100,000;
                    ``(E) an offense described in--
                            ``(i) section 842 (h) or (i) of title 18, 
                        United States Code, or section 844 (d), (e), 
                        (f), (g), (h), or (i) of that title (relating 
                        to explosive materials offenses);
                            ``(ii) section 922(g) (1), (2), (3), (4), 
                        or (5), (j), (n), (o), (p), or (r) or 924 (b) 
                        or (h) of title 18, United States Code 
                        (relating to firearms offenses); or
                            ``(iii) section 5861 of the Internal 
                        Revenue Code of 1986 (relating to firearms 
                        offenses);
                    ``(F) a crime of violence (as defined in section 16 
                of title 18, United States Code, but not including a 
                purely political offense) for which the term of 
                imprisonment imposed (regardless of any suspension of 
                imprisonment) is at least 5 years;
                    ``(G) a theft offense (including receipt of stolen 
                property) or burglary offense for which a sentence of 5 
                years' imprisonment or more may be imposed;
                    ``(H) an offense described in section 875, 876, 
                877, or 1202 of title 18, United States Code (relating 
                to the demand for or receipt of ransom);
                    ``(I) an offense described in section 2251, 2251A, 
                or 2252 of title 18, United States Code (relating to 
                child pornography);
                    ``(J) an offense described in--
                            ``(i) section 1962 of title 18, United 
                        States Code (relating to racketeer influenced 
                        corrupt organizations); or
                            ``(ii) section 1084 (if it is a second or 
                        subsequent offense) or 1955 of that title 
                        (relating to gambling offenses),
                for which a sentence of 5 years' imprisonment or more 
                may be imposed;
                    ``(K) an offense relating to commercial bribery, 
                counterfeiting, forgery, or trafficking in vehicles the 
                identification numbers of which have been altered for 
                which a sentence of 5 years' imprisonment or more may 
                be imposed;
                    ``(L) an offense that--
                            ``(i) relates to the owning, controlling, 
                        managing or supervising of a prostitution 
                        business;
                            ``(ii) is described in section 2421, 2422, 
                        or 2423 of title 18, United States Code 
                        (relating to transportation for the purpose of 
                        prostitution) for commercial advantage; or
                            ``(iii) is described in section 1581, 1582, 
                        1583, 1584, 1585, or 1588, of title 18, United 
                        States Code (relating to peonage, slavery, and 
                        involuntary servitude);
                    ``(M) an offense relating to perjury or subornation 
                of perjury for which a sentence of 5 years' 
                imprisonment or more may be imposed;
                    ``(N) an offense described in--
                            ``(i) section 793 (relating to gathering or 
                        transmitting national defense information), 798 
                        (relating to disclosure of classified 
                        information), 2153 (relating to sabotage) or 
                        2381 or 2382 (relating to treason) of title 18, 
                        United States Code; or
                            ``(ii) section 601 of the National Security 
                        Act of 1947 (50 U.S.C. 421) (relating to 
                        protecting the identity of undercover 
                        intelligence agents);
                    ``(O) an offense that--
                            ``(i) involves fraud or deceit in which the 
                        loss to the victim or victims exceeds $200,000; 
                        or
                            ``(ii) is described in section 7201 of the 
                        Internal Revenue Code of 1986 (relating to tax 
                        evasion) in which the revenue loss to the 
                        Government exceeds $200,000;
                    ``(P) an offense described in section 274(a)(1) of 
                title 18, United States Code (relating to alien 
                smuggling) for the purpose of commercial advantage;
                    ``(Q) an offense described in section 1546(a) of 
                title 18, United States Code (relating to document 
                fraud), for the purpose of commercial advantage;
                    ``(R) an offense relating to a failure to appear 
                before a court pursuant to a court order to answer to 
                or dispose of a charge of a felony for which a sentence 
                of 2 years' imprisonment or more may be imposed; and
                    ``(S) an attempt or conspiracy to commit an offense 
                described in this paragraph.
        The term applies to an offense described in this paragraph 
        whether in violation of Federal or State law and applies to 
        such an offense in violation of the law of a foreign country 
        for which the term of imprisonment was completed within the 
        previous 15 years.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to convictions entered before, on, or after the date of enactment 
of this Act.

SEC. 316. AMENDMENT OF SENTENCING GUIDELINES.

    The United States Sentencing Commission shall review and amend its 
sentencing guidelines to assign an offense level of at least 19 to a 
first offense under--
            (1) section 274(a)(1) of the Immigration and Nationality 
        Act, as amended by section 311(1);
            (2) section 274(a) (3) and (5) of the Immigration and 
        Nationality Act, as added by section 311(2); and
            (3) section 274(a)(2) of the Immigration and Nationality 
        Act, as amended by section 312.

SEC. 317. INCREASED PENALTY FOR VISA FRAUD.

    (a) False Statement.--Section 1542 of title 18, United States Code, 
is amended by striking ``fined not more than $2,000, imprisoned not 
more than five years, or both'' and inserting ``fined under this title 
or imprisoned not more than 10 years, or both''.
    (b) Forgery.--Section 1543 of title 18, United States Code, is 
amended by striking ``fined not more than $2,000, imprisoned not more 
than five years, or both'' and inserting ``fined under this title or 
imprisoned not more than 10 years, or both''.
    (c) Misuse of Passport.--Section 1544 of title 18, United States 
Code, is amended by striking ``fined not more than $2,000, imprisoned 
not more than five years, or both'' and inserting ``fined under this 
title or imprisoned not more than 10 years, or both''.
    (d) Safe Conduct Violation.--Section 1545 of title 18, United 
States Code, is amended by striking ``fined not more than $2,000, 
imprisoned not more than three years, or both'' and inserting ``fined 
under this title or imprisoned not more than 10 years, or both''.
    (e) Fraud and Misuse of Visas.--Section 1546(a) of title 18, United 
States Code, is amended by striking ``fined not more than $2,000, 
imprisoned not more than five years, or both'' and inserting ``fined 
under this title or imprisoned not more than 10 years, or both''.

SEC. 318. TRAINING OF AIRLINE PERSONNEL IN DETECTION OF FRAUDULENT 
              DOCUMENTS.

    (a) Use of Funds.--Section 286(h)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1356(h)(2)) is amended--
            (1) in subparagraph (A)(iv), by inserting ``, including 
        training of, and technical assistance to, commercial airline 
        personnel on such detection'' after ``United States'', and
            (2) by adding at the end the following new subparagraph:
    ``(C) The Attorney General shall provide for expenditures for 
training and assistance described in subparagraph (A)(iv) in an amount 
for any fiscal year that is not less than 5 percent of the total of the 
amounts that are required to be refunded under subparagraph (A) for 
that fiscal year.''.
    (b) Compliance With Detection Regulations.--Section 212 of the 
Immigration and Nationality Act (8 U.S.C. 1182) is amended by adding at 
the end the following new subsection:
    ``(o) Whenever the Attorney General finds that a commercial airline 
has failed to comply with regulations of the Attorney General relating 
to requirements of airlines for the detection of fraudulent documents 
used by passengers traveling to the United States (including the 
training of personnel in such detection), the Attorney General may 
suspend the entry of some or all aliens transported to the United 
States by such airline.''.
    (c) Effective Dates.--
            (1) The amendments made by subsection (a) shall apply to 
        expenses incurred during or after fiscal year 1994.
            (2) The Attorney General shall first issue, in proposed 
        form, regulations referred to in section 212(o) of the 
        Immigration and Nationality Act, as added by subsection (b), by 
        not later than the date that is 90 days after the date of 
        enactment of this Act.

                       Subtitle C--Border Patrol

SEC. 321. BORDER PATROL AGENTS.

    There is authorized to be appropriated $60,000,000 for each of 
fiscal years 1994, 1995, 1996, 1997, and 1998 for the hiring of 1,000 
additional Border Patrol agents.

SEC. 322. IMMIGRATION AND NATURALIZATION SERVICE CRIMINAL 
              INVESTIGATORS.

    There is to be authorized $77,000,000 for each of fiscal years 
1994, 1995, 1996, 1997, and 1998 for the hiring of 1,000 additional 
Immigration and Naturalization Service criminal inspectors.

SEC. 323. CRIMINAL ALIEN TRACKING CENTER.

    (a) Operation.--The Commissioner of Immigration and Naturalization, 
with the cooperation of the Director of the Federal Bureau of 
Investigation and the heads of other agencies, shall, under the 
authority of section 242(a)(3)(A) of the Immigration and Nationality 
Act (8 U.S.C. 1252(a)(3)(A)), operate a criminal alien tracking center.
    (b) Purpose.--The criminal alien tracking center shall be used to 
assist Federal, State, and local law enforcement agencies in 
identifying and locating aliens who may be subject to deportation by 
reason of their conviction of aggravated felonies.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $5,000,000 for fiscal year 1994 
and $2,000,000 for each of fiscal years 1995, 1996, 1997, and 1998.

           TITLE IV--GANGS, JUVENILES, DRUGS, AND PROSECUTORS

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Anti-Gang and Youth Protection Act 
of 1993''.

                    Subtitle A--Criminal Youth Gangs

SEC. 411. CRIMINAL STREET GANGS OFFENSES.

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

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

``Sec.
``1930. Crimes in furtherance of gangs.
``1931. Prohibited activity.
``1932. Penalties.
``1933. Investigative authority.
``Sec. 1930. Crimes in furtherance of gangs
    ``(a) Findings.--The Congress makes the following findings:
            ``(1) Criminal street gangs have become increasingly 
        prevalent and entrenched in our society in the last several 
        decades. In many areas of the country, these gangs exert 
        considerable control over other members of their community, 
        particularly through the use of violence and drugs. Criminal 
        street gangs have also become more national in scope, extending 
        their influence beyond the urban areas in which they 
        originated.
            ``(2) The major activities of criminal street gangs are 
        crimes of violence and the distribution and use of illegal 
        drugs. It is through these activities that criminal street 
        gangs directly affect interstate and foreign commerce, even 
        when their particular activities, viewed in isolation, appear 
        to be purely intrastate in character.
    ``(b) Basis for Chapter.--On the basis of the findings stated in 
subsection (a), the Congress determines that the provisions of this 
chapter are necessary and proper for the purpose of carrying into 
execution the powers of Congress to regulate commerce and to establish 
criminal law.
``Sec. 1931. Prohibited activity
    ``(a) Definitions.--In this chapter--
            ```criminal street gang' means an organization or group of 
        5 or more persons, whether formal or informal, who act in 
        concert, or agree to act in concert, for a period in excess of 
        30 days, with a purpose that any of those persons alone, or in 
        any combination, commit or will commit, 2 or more predicate 
        gang crimes, 1 of which must occur after the date of enactment 
        of this chapter and the last of which occurred within 10 years 
        (excluding any period of imprisonment) after the commission of 
        a prior predicate gang crime.
            ```participate in a criminal street gang' means to act in 
        concert with a criminal street gang with intent to commit, or 
        with the intent that any other person associated with the 
        criminal street gang will commit, 1 or more predicate gang 
        crimes.
            ```predicate gang crime' means--
                    ``(A) any act or threat, or attempted act or 
                threat, which is chargeable under Federal or State law 
                and punishable by imprisonment for more than 1 year, 
                involving murder, assault, kidnapping, robbery, 
                extortion, burglary, arson, property damage or 
                destruction, obstruction of justice, tampering with or 
                retaliating against a witness, victim, or informant, or 
                manufacturing, importing, receiving, concealing, 
                purchasing, selling, possessing, or otherwise dealing 
                in a controlled substance or controlled substance 
                analogue (as those terms are defined in section 102 of 
                the Controlled Substances Act (21 U.S.C. 802));
                    ``(B) any act punishable by imprisonment for more 
                than 1 year under section 922 or 924 (a)(2), (b), (c), 
                (g), or (h) (relating to receipt, possession, and 
                transfer of firearms), section 1503 (relating to 
                obstruction of justice), section 1510 (relating to 
                obstruction of criminal investigations), section 1512 
                (relating to tampering with a witness, victim, or 
                informant), or section 1513 (relating to retaliating 
                against a witness, victim, or informant); or
                    ``(C) any act punishable under subsection (b)(5).
            ```State' means a State, the District of Columbia, and any 
        commonwealth, territory, or possession of the United States.
    ``(b) Unlawful Acts.--It shall be unlawful--
            ``(1) to commit, or to attempt to commit, a predicate gang 
        crime with intent to promote or further the activities of a 
        criminal street gang or for the purpose of gaining entrance to 
        or maintaining or increasing position in such a gang;
            ``(2) to participate, or attempt to participate, in a 
        criminal street gang, or conspire to do so;
            ``(3) to command, counsel, persuade, induce, entice, or 
        coerce any individual to participate in a criminal street gang;
            ``(4) to employ, use, command, counsel, persuade, induce, 
        entice, or coerce any individual to commit, cause to commit, or 
        facilitate the commission of, a predicate gang crime, with 
        intent to promote the activities of a criminal street gang or 
        for the purpose of gaining entrance to or maintaining or 
        increasing position in such a gang; or
            ``(5) to use any communication facility, as defined in 
        section 403(b) of the Controlled Substances act (21 U.S.C. 
        843(b)), in causing or facilitating the commission, or 
        attempted commission, of a predicate gang crime with intent to 
        promote or further the activities of a criminal street gang or 
        for the purpose of gaining entrance to or maintaining or 
        increasing position in such a gang. Each separate use of a 
        communication facility shall be a separate offense under this 
        subsection.
``Sec. 1932. Penalties
    ``(a) Penalties of up to 20 Years or Life Imprisonment.--A person 
who violates section 1931(b) (1) or (2) shall be punished by 
imprisonment for not more than 20 years, or by imprisonment for any 
term of years or for life if the violation is based on a predicate gang 
crime for which the maximum penalty includes life imprisonment, and if 
a person commits such a violation after 1 or more prior convictions for 
such a predicate gang crime, that is not part of the instant violation, 
such person shall be sentenced to a term of imprisonment which shall 
not be less than 10 years and which may be for any term of years 
exceeding 10 years or for life.
    ``(b) Penalties Between 5 and 10 Years.--A person who violates 
section 1931(b) (3) or (4) shall be sentenced to imprisonment for not 
less than 5 nor more than 10 years, and if a person who was the subject 
of the act was less than 18 years of age, to imprisonment for 10 years. 
A term of imprisonment under this subsection shall run consecutively to 
any other term of imprisonment, including that imposed for any other 
violation of this chapter.
    ``(c) Penalties of Up to 5 Years.--A person who violates section 
1931(b)(5) shall be punished by imprisonment for not more than 5 years.
    ``(d) Additional Penalties.--
            ``(1) In general.--In addition to the other penalties 
        authorized by this section--
                    ``(A) a person who violates section 1931(b) (1) or 
                (2), 1 of whose predicate gang crimes involves murder 
                or conspiracy to commit murder which results in the 
                taking of a life, and who commits, counsels, commands, 
                induces, procures, or causes that murder, shall be 
                punished by death or by imprisonment for life;
                    ``(B) a person who violates section 1931(b) (1) or 
                (2), 1 of whose predicate gang crimes involves 
                attempted murder or conspiracy to commit murder, shall 
                be sentenced to a term of imprisonment which shall not 
                be less than 20 years and which may be for any term of 
                years exceeding 20 years or for life; and
                    ``(C) a person who violates section 1931(b) (1) or 
                (2), and who at the time of the offense occupied a 
                position of organizer or supervisor, or other position 
                of management in that street gang, shall be sentenced 
                to a term of imprisonment which shall not be less than 
                15 years and which may be for any term of years 
                exceeding 15 years or for life.
            ``(2) Presumption.--For purposes of paragraph (1)(C), if it 
        is shown that the defendant counseled, commanded, induced, or 
        procured 5 or more individuals to participate in a street gang, 
        there shall be a rebuttable presumption that the defendant 
        occupied a position of organizer, supervisor, or other position 
        of management in the gang.
    ``(e) Forfeiture.--
            ``(1) In general.--A person who violates section 1931(b) 
        (1) or (2) shall, in addition to any other penalty and 
        irrespective of any provision of State law, forfeit to the 
        United States--
                    ``(A) any property constituting, or derived from, 
                any proceeds the person obtained, directly or 
                indirectly, as a result of the violation; and
                    ``(B) any property used, or intended to be used, in 
                any manner or part, to commit, or to facilitate the 
                commission of, the violation.
            ``(2) Application of controlled substances act.--Section 
        413 (b), (c), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), 
        (o), and (p) of the Controlled Substances Act (21 U.S.C. 853 
        (b), (c), and (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), 
        (o), and (p)) shall apply to a forfeiture under this section.
``Sec. 1933. Investigative authority
    ``The Attorney General and the Secretary of the Treasury may 
investigate offenses under this chapter in accordance with an agreement 
that shall be entered into by the Attorney General and the Secretary of 
the Treasury.''.
    (b) Technical Amendment.--The part analysis for part I of title 18, 
United States Code, is amended by inserting after the item for chapter 
93 the following new item:

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

SEC. 412. CRIMES INVOLVING THE USE OF MINORS AS RICO PREDICATES.

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

SEC. 413. SERIOUS JUVENILE DRUG OFFENSES AS ARMED CAREER CRIMINAL ACT 
              PREDICATES.

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

SEC. 414. ADULT PROSECUTION OF SERIOUS JUVENILE OFFENDERS.

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

SEC. 415. INCREASED PENALTIES FOR EMPLOYING CHILDREN TO DISTRIBUTE 
              DRUGS NEAR SCHOOLS AND PLAYGROUNDS.

    Section 419 of the Controlled Substances Act (21 U.S.C. 860) is 
amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Notwithstanding any other law, any person at least 18 years 
of age who knowingly and intentionally--
            ``(1) employs, hires, uses, persuades, induces, entices, or 
        coerces a person under 18 years of age to violate this section; 
        or
            ``(2) employs, hires, uses, persuades, induces, entices, or 
        coerces a person under 18 years of age to assist in avoiding 
        detection or apprehension for any offense under this section by 
        any Federal, State, or local law enforcement official,
is punishable by a term of imprisonment, a fine, or both, up to triple 
those authorized by section 401.''.

SEC. 416. INCREASED PENALTIES FOR DRUG TRAFFICKING NEAR PUBLIC HOUSING.

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

SEC. 417. INCREASED PENALTIES FOR TRAVEL ACT CRIMES INVOLVING VIOLENCE 
              AND CONSPIRACY TO COMMIT CONTRACT KILLINGS.

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

SEC. 418. AMENDMENTS CONCERNING RECORDS OF CRIMES COMMITTED BY 
              JUVENILES.

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

SEC. 419. ADDITION OF ANTI-GANG BYRNE GRANT FUNDING OBJECTIVE.

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

                      Subtitle B--Gang Prosecution

SEC. 431. ADDITIONAL PROSECUTORS.

    There is authorized to be appropriated $20,000,000 for each of 
fiscal years 1994, 1995, 1996, 1997, and 1998 for the hiring of 
additional Assistant United States Attorneys to prosecute violent youth 
gangs.

SEC. 432. GANG INVESTIGATION COORDINATION AND INFORMATION COLLECTION.

    (a) Coordination.--The Attorney General (or the Attorney General's 
designee), in consultation with the Secretary of the Treasury (or the 
Secretary's designee), shall develop a national strategy to coordinate 
gang-related investigations by Federal law enforcement agencies.
    (b) Data Collection.--The Director of the Federal Bureau of 
Investigation shall acquire and collect information on incidents of 
gang violence for inclusion in an annual uniform crime report.
    (c) Report.--The Attorney General shall prepare a report on 
national gang violence outlining the strategy developed under 
subsection (a) to be submitted to the President and Congress by January 
1, 1995.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $1,000,000 for fiscal year 1994.

SEC. 433. CONTINUATION OF FEDERAL-STATE FUNDING FORMULA.

    Section 504(a)(1) of title I of the Omnibus Crime and Safe Streets 
Act of 1968 (42 U.S.C. 3754(a)(1)) is amended by striking ``1992'' and 
inserting ``1993''.

SEC. 434. GRANTS FOR MULTIJURISDICTIONAL DRUG TASK FORCES.

    Section 504(f) of title I of the Omnibus Crime and Safe Streets Act 
of 1968 (42 U.S.C. 3754(f)) is amended by inserting ``and gang'' after 
``Except for grants awarded to State and local governments for the 
purpose of participating in multijurisdictional drug''.

                 TITLE V--DRUG CONTROL AND RURAL CRIME

              Subtitle A--Drug Trafficking in Rural Areas

SEC. 501. AUTHORIZATIONS FOR RURAL LAW ENFORCEMENT AGENCIES.

    (a) Authorization of Appropriations.--Section 1001(a)(9) of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 is amended to 
read as follows:
    ``(9) There are authorized to be appropriated to carry out part O 
$50,000,000 for each of fiscal years 1994, 1995, 1996, 1997, and 
1998.''.
    (b) Amendment to Base Allocation.--Section 1501(a)(2)(A) of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by 
striking ``$100,000'' and inserting ``$250,000''.

SEC. 502. RURAL CRIME AND DRUG ENFORCEMENT TASK FORCES.

    (a) Establishment.--Not later than 90 days after the date of 
enactment of this Act, the Attorney General, in consultation with the 
Governors, mayors, and chief executive officers of State and local law 
enforcement agencies, shall establish a Rural Crime and Drug 
Enforcement Task Force in each of the Federal judicial districts which 
encompass significant rural lands.
    (b) Task Force Membership.--The task forces established under 
subsection (a) shall be chaired by the United States Attorney for the 
respective Federal judicial district. The task forces shall include 
representatives from--
            (1) State and local law enforcement agencies;
            (2) the Drug Enforcement Administration;
            (3) the Federal Bureau of Investigation;
            (4) the Immigration and Naturalization Service;
            (5) the Customs Service;
            (6) the United States Marshals Service; and
            (7) law enforcement officers from the United States Park 
        Police, United States Forest Service and Bureau of Land 
        Management, and such other Federal law enforcement agencies as 
        the Attorney General may direct.

SEC. 503. CROSS-DESIGNATION OF FEDERAL OFFICERS.

    (a) In General.--The Attorney General may cross-designate up to 100 
law enforcement officers from each of the agencies specified under 
section 1502(b)(6) of the Omnibus Crime Control and Safe Streets Act of 
1968 with jurisdiction to enforce the provisions of the Controlled 
Substances Act on non-Federal lands and title 18 of the United States 
Code to the extent necessary to effect the purposes of this Act.
    (b) Adequate Staffing.--The Attorney General shall ensure that each 
of the task forces established in accordance with this title are 
adequately staffed with investigators and that additional investigators 
are provided when requested by the task force.

SEC. 504. RURAL DRUG ENFORCEMENT TRAINING.

    (a) Specialized Training for Rural Officers.--The Director of the 
Federal Law Enforcement Training Center shall develop a specialized 
course of instruction devoted to training law enforcement officers from 
rural agencies in the investigation of drug trafficking and related 
crimes.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out subsection (a) $1,000,000 for each of fiscal 
years 1994, 1995, 1996, 1997, and 1998.

            Subtitle B--Rural Drug Prevention and Treatment

SEC. 511. RURAL SUBSTANCE ABUSE TREATMENT AND EDUCATION GRANTS.

    Part A of title V of the Public Health Service Act (42 U.S.C. 290aa 
et seq.) is amended by adding at the end the following new section:

``SEC. 509H. RURAL SUBSTANCE ABUSE TREATMENT.

    ``(a) In General.--The Director of the Office for Treatment 
Improvement (referred to in this section as the `Director') shall 
establish a program to provide grants to hospitals, community health 
centers, migrant health centers, health entities of Indian tribes and 
tribal organizations (as defined in section 1913(b)(5)), and other 
appropriate entities that serve nonmetropolitan areas to assist such 
entities in developing and implementing projects that provide, or 
expand the availability of, substance abuse treatment services.
    ``(b) Requirements.--To receive a grant under this section a 
hospital, community health center, or treatment facility shall--
            ``(1) serve a nonmetropolitan area or have a substance 
        abuse treatment program that is designed to serve a 
        nonmetropolitan area;
            ``(2) operate, or have a plan to operate, an approved 
        substance abuse treatment program;
            ``(3) agree to coordinate the project assisted under this 
        section with substance abuse treatment activities within the 
        State and local agencies responsible for substance abuse 
        treatment; and
            ``(4) prepare and submit an application in accordance with 
        subsection (c).
    ``(c) Application.--
            ``(1) In general.--To be eligible to receive a grant under 
        this section an entity shall submit an application to the 
        Director at such time, in such manner, and containing such 
        information as the Director shall require.
            ``(2) Coordinated applications.--State agencies that are 
        responsible for substance abuse treatment may submit 
        coordinated grant applications on behalf of entities that are 
        eligible for grants pursuant to subsection (b).
    ``(d) Prevention Programs.--
            ``(1) In general.--Each entity receiving a grant under this 
        section may use a portion of such grant funds to further 
        community-based substance abuse prevention activities.
            ``(2) Regulations.--The Director, in consultation with the 
        Director of the Office of Substance Abuse Prevention, shall 
        promulgate regulations regarding the activities described in 
        paragraph (1).
    ``(e) Special Consideration.--In awarding grants under this section 
the Director shall give priority to--
            ``(1) projects sponsored by rural hospitals that are 
        qualified to receive rural health care transition grants as 
        provided for in section 4005(e) of the Omnibus Budget 
        Reconciliation Act of 1987;
            ``(2) projects serving nonmetropolitan areas that establish 
        links and coordinate activities between hospitals, community 
        health centers, community mental health centers, and substance 
        abuse treatment centers; and
            ``(3) projects that are designed to serve areas that have 
        no available existing treatment facilities.
    ``(f) Duration.--Grants awarded under subsection (a) shall be for a 
period not to exceed 3 years, except that the Director may establish a 
procedure for renewal of grants under subsection (a).
    ``(g) Geographic Distribution.--To the extent practicable, the 
Director shall provide grants to fund at least one project in each 
State.
    ``(h) Authorization of Appropriations.--For the purpose of carrying 
out this section there is authorized to be appropriated $25,000,000 for 
each of fiscal years 1994 and 1995 and $20,000,000 for each of fiscal 
years 1996, 1997, and 1998.''.

                  Subtitle C--Rural Areas Enhancement

SEC. 521. ASSET FORFEITURE.

    The assets seized as a result of investigations initiated by a 
Rural Drug Enforcement Task Force shall be used primarily to enhance 
the operations of the task force and its participating State and local 
enforcement agencies.

SEC. 522. PROSECUTION OF CLANDESTINE LABORATORY OPERATORS.

    (a) Criminal Charges.--State and Federal prosecutors, when bringing 
charges against the operators of clandestine methamphetamine and other 
dangerous drug laboratories, shall, to the fullest extent possible, 
include, in addition to drug-related counts, counts involving 
infringements of the Resource Conservation and Recovery Act or any 
other environmental protection Act, including--
            (1) illegal disposal of hazardous waste; and
            (2) knowing endangerment of the environment.
    (b) Civil Actions.--Federal prosecutors may bring suit against the 
operators of clandestine methamphetamine and other dangerous drug 
laboratories for environmental and health related damages caused by the 
operators in their manufacture of illicit substances.

                      Subtitle D--Chemical Control

SEC. 531. SHORT TITLE.

    This title may be cited as the ``Chemical Control Amendments Act of 
1993''.

SEC. 532. DEFINITION AMENDMENTS.

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

                ``removal of exemption of certain drugs

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

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

SEC. 533. REGISTRATION REQUIREMENTS.

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

SEC. 534. REPORTING OF LISTED CHEMICAL MANUFACTURING.

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

SEC. 535. REPORTS BY BROKERS AND TRADERS; CRIMINAL PENALTIES.

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

SEC. 536. EXEMPTION AUTHORITY; ADDITIONAL PENALTIES.

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

SEC. 537. AMENDMENTS TO LIST I.

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

SEC. 538. ELIMINATION OF REGULAR SUPPLIER STATUS AND CREATION OF 
              REGULAR IMPORTER STATUS.

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

SEC. 539. ADMINISTRATIVE INSPECTIONS AND AUTHORITY.

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

SEC. 540. THRESHOLD AMOUNTS.

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

SEC. 541. MANAGEMENT OF LISTED CHEMICALS.

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

                    ``management of listed chemicals

    ``Sec. 311. (a) Offense.--It is unlawful for a person who possesses 
a listed chemical with the intent that it be used in the illegal 
manufacture of a controlled substance to manage the listed chemical or 
waste from the manufacture of a controlled substance otherwise than as 
required by regulations issued under sections 3001, 3002, 3003, 3004, 
and 3005 of the Solid Waste Disposal Act (42 U.S.C. 6921, 6922, 6923, 
6924, and 6925).
    ``(b) Enhanced Penalty.--(1) In addition to a penalty that may be 
imposed for the illegal manufacture, possession, or distribution of a 
listed chemical or toxic residue of a clandestine laboratory, a person 
who violates subsection (a) shall be assessed the costs described in 
paragraph (2) and shall be imprisoned as described in paragraph (3).
    ``(2) Pursuant to paragraph (1) a defendant shall be assessed the 
following costs to the United States, a State, or another authority or 
person that undertakes to correct the results of the improper 
management of a listed chemical:
            ``(A) The cost of initial cleanup and disposal of the 
        listed chemical and contaminated property.
            ``(B) The cost of restoring property that is damaged by 
        exposure to a listed chemical for rehabilitation under Federal, 
        State, and local standards.
    ``(3)(A) A violation of subsection (a) shall be punished as a class 
D felony, or in the case of a willful violation, as a class C felony.
    ``(B) It is the sense of the Congress that guidelines issued by the 
Sentencing Commission regarding sentencing under this paragraph should 
recommend that the term of imprisonment for a violation of subsection 
(a) should not be less than 5 years, nor less than 10 years in the case 
of a willful violation.
    ``(4) A court may order that all or a portion of the earnings from 
work performed by a defendant in prison be withheld for payment of 
costs assessed under paragraph (2).
    ``(c) Use of Forfeited Assets.--The Attorney General may direct 
that assets forfeited under section 511 in connection with a 
prosecution under this section be shared with State agencies that 
participated in the seizure or cleaning up of a contaminated site.''.
    (b) Exception to Discharge in Bankruptcy.--Section 523(a) of title 
11, United States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (11);
            (2) by striking the period at the end of paragraph (12) and 
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(13) for costs assessed under section 311(b) of the 
        Controlled Substances Act.''.

SEC. 542. FORFEITURE EXPANSION.

    Section 511(a) of the Controlled Substances Act (21 U.S.C. 881(a)) 
is amended--
            (1) in paragraph (6) by inserting ``or listed chemical'' 
        after ``controlled substance''; and
            (2) in paragraph (9) by striking ``a felony provision of''.

SEC. 543. ATTORNEY GENERAL ACCESS TO THE NATIONAL PRACTITIONER DATA 
              BANK.

    Part B of the Health Care Quality Improvement Act of 1986 (42 
U.S.C. 11131 et seq.) is amended by adding at the end the following new 
section:

``SEC. 428. DISCLOSURE OF INFORMATION TO THE ATTORNEY GENERAL.

    ``Information respecting physicians or other licensed health care 
practitioners reported to the Secretary (or to the agency designated 
under section 424(b)) under this part or section 1921 of the Social 
Security Act (42 U.S.C. 1396r-2) shall be provided to the Attorney 
General. The Secretary shall--
            ``(1) transmit to the Attorney General such information as 
        the Attorney General may designate or request to assist the 
        Drug Enforcement Administration in the enforcement of the 
        Controlled Substances Act (21 U.S.C. 801 et seq.) and other 
        laws enforced by the Drug Enforcement Administration; and
            ``(2) transmit such information related to health care 
        providers as the Attorney General may designate or request to 
        assist the Federal Bureau of Investigation in the enforcement 
        of title 18, the Act entitled `An Act to regulate the practice 
        of pharmacy and the sale of poison in the consular districts of 
        the United States in China', approved March 3, 1915 (21 U.S.C. 
        201 et seq.), and chapter V of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 351 et seq.).''.

SEC. 544. REGULATIONS AND EFFECTIVE DATE.

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

                         Subtitle E--Personnel

SEC. 551. MORE AGENTS FOR THE DRUG ENFORCEMENT ADMINISTRATION.

    There are authorized to be approrpiated for the hiring of 
additional Drug Enforcement Administration agents $20,000,000 for each 
of fiscal years 1994, 1995, 1996, 1997, and 1998.

SEC. 552. ADEQUATE STAFFING OF THE OFFICE OF NATIONAL DRUG POLICY.

    Section 1003(d)(1) of the National Narcotics Leadership Act of 1988 
(21 U.S.C. 1502(d)(1) is amended by striking ``such'' and inserting 
``at least 75 and such additional''.

                  TITLE VI--PUNISHMENT AND DETERRENCE

                       Subtitle A--Death Penalty

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Federal Death Penalty Act of 
1993''.

SEC. 602. DEATH PENALTY PROCEDURES.

    (a) Addition of Chapter to Title 18, United States Code.--Title 18, 
United States Code, is amended by inserting after chapter 227 the 
following new chapter:

                ``CHAPTER 228--DEATH PENALTY PROCEDURES

``Sec.
``3591. Sentence of death.
``3592. Factors to be considered in determining whether a sentence of 
                            death is justified.
``3593. Special hearing to determine whether a sentence of death is 
                            justified.
``3594. Imposition of a sentence of death.
``3595. Review of a sentence of death.
``3596. Implementation of a sentence of death.
``3597. Use of State facilities.
``3598. Appointment of counsel.
``3599. Collateral attack on judgment imposing sentence of death.
``3600. Application in Indian country.
``Sec.  3591. Sentence of death
    ``A defendant who has been found guilty of--
            ``(1) an offense described in section 794 or section 2381;
            ``(2) an offense described in section 1751(c) if the 
        offense, as determined beyond a reasonable doubt at a hearing 
        under section 3593, constitutes an attempt to murder the 
        President of the United States and results in bodily injury to 
        the President or comes dangerously close to causing the death 
        of the President;
            ``(3) an offense referred to in section 408(c)(1) of the 
        Controlled Substances Act (21 U.S.C. 848(c)(1)), committed as 
        part of a continuing criminal enterprise offense under the 
        conditions described in subsection (b) of that section which 
        involved not less than twice the quantity of controlled 
        substance described in subsection (b)(2)(A) or twice the gross 
        receipts described in subsection (b)(2)(B);
            ``(4) an offense referred to in section 408(c)(1) of the 
        Controlled Substances Act (21 U.S.C. 848(c)(1)), committed as 
        part of a continuing criminal enterprise offense under that 
        section, where the defendant is a principal administrator, 
        organizer, or leader of such an enterprise, and the defendant, 
        in order to obstruct the investigation or prosecution of the 
        enterprise or an offense involved in the enterprise, attempts 
        to kill or knowingly directs, advises, authorizes, or assists 
        another to attempt to kill any public officer, juror, witness, 
        or members of the family or household of such a person;
            ``(5) an offense constituting a felony violation of the 
        Controlled Substances Act (21 U.S.C. 801 et seq.), the 
        Controlled Substances Import and Export Act (21 U.S.C. 951 et 
        seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. App. 
        1901 et seq.), where the defendant, intending to cause death or 
        acting with reckless disregard for human life, engages in such 
        a violation, and the death of another person results in the 
        course of the violation or from the use of the controlled 
        substance involved in the violation; or
            ``(6) any other offense for which a sentence of death is 
        provided if the defendant, as determined beyond a reasonable 
        doubt at a hearing under section 3593, caused the death of a 
        person intentionally, knowingly, or through recklessness 
        manifesting extreme indifference to human life, or caused the 
        death of a person through the intentional infliction of serious 
        bodily injury,
shall be sentenced to death if, after consideration of the factors set 
forth in section 3592 in the course of a hearing held pursuant to 
section 3593, it is determined that imposition of a sentence of death 
is justified, except that no person may be sentenced to death who was 
less than 18 years of age at the time of the offense or who is mentally 
retarded.
``Sec. 3592. Factors to be considered in determining whether a sentence 
              of death is justified
    ``(a) Mitigating Factors.--In determining whether a sentence of 
death is justified for any offense, the jury, or if there is no jury, 
the court, shall consider each of the following mitigating factors and 
determine which, if any, exist:
            ``(1) Mental capacity.--The defendant's mental capacity to 
        appreciate the wrongfulness of his conduct or to conform his 
        conduct to the requirements of law was significantly impaired, 
        regardless of whether the capacity was so impaired as to 
        constitute a defense to the charge.
            ``(2) Duress.--The defendant was under unusual and 
        substantial duress, regardless of whether the duress was of 
        such a degree as to constitute a defense to the charge.
            ``(3) Participation in offense minor.--The defendant's 
        participation in the offense, which was committed by another, 
        was relatively minor, regardless of whether the participation 
        was so minor as to constitute a defense to the charge.
            ``(4) No significant criminal history.--The defendant did 
        not have a significant history of other criminal conduct.
            ``(5) Disturbance.--The defendant committed the offense 
        under severe mental or emotional disturbance.
            ``(6) Victim's consent.--The victim consented to the 
        criminal conduct that resulted in the victim's death.
The jury, or if there is no jury, the court, shall consider whether any 
other aspect of the defendant's background, character or record or any 
other circumstance of the offense that the defendant may proffer as a 
mitigating factor exists.
    ``(b) Aggravating Factors for Espionage and Treason.--In 
determining whether a sentence of death is justified for an offense 
described in section 3591(1), the jury, or if there is no jury, the 
court, shall consider each of the following aggravating factors and 
determine which, if any, exist:
            ``(1) Previous espionage or treason conviction.--The 
        defendant has previously been convicted of another offense 
        involving espionage or treason for which a sentence of life 
        imprisonment or death was authorized by statute.
            ``(2) Risk of substantial danger to national security.--In 
        the commission of the offense the defendant knowingly created a 
        grave risk to the national security.
            ``(3) Risk of death to another.--In the commission of the 
        offense the defendant knowingly created a grave risk of death 
        to another person.
The jury, or if there is no jury, the court, may consider whether any 
other aggravating factor exists.
    ``(c) Aggravating Factors for Homicide and for Attempted Murder of 
the President.--In determining whether a sentence of death is justified 
for an offense described in section 3591 (2) or (6), the jury, or if 
there is no jury, the court, shall consider each of the following 
aggravating factors and determine which, if any, exist:
            ``(1) Conduct occurred during commission of specified 
        crimes.--The conduct resulting in death occurred during the 
        commission or attempted commission of, or during the immediate 
        flight from the commission of, an offense under section 32 
        (destruction of aircraft or aircraft facilities), section 33 
        (destruction of motor vehicles or motor vehicle facilities), 
        section 36 (violence at international airports), section 351 
        (violence against Members of Congress, Cabinet officers, or 
        Supreme Court Justices), section 751 (prisoners in custody of 
        institution or officer), section 794 (gathering or delivering 
        defense information to aid foreign government), section 844(d) 
        (transportation of explosives in interstate commerce for 
        certain purposes), section 844(f) (destruction of Government 
        property by explosives), section 844(i) (destruction of 
        property affecting interstate commerce by explosives), section 
        1116 (killing or attempted killing of diplomats), section 1118 
        (prisoners serving life term), section 1201 (kidnapping), 
        section 1203 (hostage taking), section 1751 (violence against 
        the President or Presidential staff), section 1992 (wrecking 
        trains), section 2280 (maritime violence), section 2281 
        (maritime platform violence), section 2332 (terrorist acts 
        abroad against United States nationals), section 2339A (use of 
        weapons of mass destruction), or section 2381 (treason) of this 
        title, section 1826 of title 28 (persons in custody as 
        recalcitrant witnesses or hospitalized following insanity 
        acquittal), or section 902 (i) or (n) of the Federal Aviation 
        Act of 1958 (49 U.S.C. App. 1472 (i) or (n) (aircraft piracy)).
            ``(2) Involvement of firearm or previous conviction of 
        violent felony involving firearm.--The defendant--
                    ``(A) during and in relation to the commission of 
                the offense or in escaping or attempting to escape 
                apprehension used or possessed a firearm (as defined in 
                section 921); or
                    ``(B) has previously been convicted of a Federal or 
                State offense punishable by a term of imprisonment of 
                more than 1 year, involving the use of attempted or 
                threatened use of a firearm (as defined in section 
                921), against another person.
            ``(3) Previous conviction of offense for which a sentence 
        of death or life imprisonment was authorized.--The defendant 
        has previously been convicted of another Federal or State 
        offense resulting in the death of a person, for which a 
        sentence of life imprisonment or death was authorized by 
        statute.
            ``(4) Previous conviction of other serious offenses.--The 
        defendant has previously been convicted of 2 or more Federal or 
        State offenses, each punishable by a term of imprisonment of 
        more than 1 year, committed on different occasions, involving 
        the importation, manufacture, or distribution of a controlled 
        substance (as defined in section 102 of the Controlled 
        Substances Act (21 U.S.C. 802)) or the infliction of, or 
        attempted infliction of, serious bodily injury or death upon 
        another person.
            ``(5) Grave risk of death to additional persons.--The 
        defendant, in the commission of the offense or in escaping or 
        attempting to escape apprehension, knowingly created a grave 
        risk of death to one or more persons in addition to the victim 
        of the offense.
            ``(6) Heinous, cruel, or depraved manner of commission.--
        The defendant committed the offense in an especially heinous, 
        cruel, or depraved manner in that it involved torture or 
        serious physical abuse to the victim.
            ``(7) Procurement of offense by payment.--The defendant 
        procured the commission of the offense by payment, or promise 
        of payment, of anything of pecuniary value.
            ``(8) Commission of the offense for pecuniary gain.--The 
        defendant committed the offense as consideration for the 
        receipt, or in the expectation of the receipt, of anything of 
        pecuniary value.
            ``(9) Substantial planning and premeditation.--The 
        defendant committed the offense after substantial planning and 
        premeditation.
            ``(10) Vulnerability of victim.--The victim was 
        particularly vulnerable due to old age, youth, or infirmity.
            ``(11) Type of victim.--The defendant committed the offense 
        against--
                    ``(A) the President of the United States, the 
                President-elect, the Vice President, the Vice 
                President-elect, the Vice President-designate, or, if 
                there was no Vice President, the officer next in order 
                of succession to the office of the President of the 
                United States, or any person acting as President under 
                the Constitution and laws of the United States;
                    ``(B) a chief of state, head of government, or the 
                political equivalent, of a foreign nation;
                    ``(C) a foreign official listed in section 
                1116(b)(3)(A), if that official was in the United 
                States on official business; or
                    ``(D) a Federal public servant who was outside of 
                the United States or who was a Federal judge, a Federal 
                law enforcement officer, an employee (including a 
                volunteer or contract employee) of a Federal prison, or 
                an official of the Federal Bureau of Prisons--
                            ``(i) while such public servant was engaged 
                        in the performance of his official duties;
                            ``(ii) because of the performance of such 
                        public servant's official duties; or
                            ``(iii) because of such public servant's 
                        status as a public servant.
        For purposes of this paragraph, the terms `President-elect' and 
        `Vice President-elect' mean such persons as are the apparent 
        successful candidates for the offices of President and Vice 
        President, respectively, as ascertained from the results of the 
        general elections held to determine the electors of President 
        and Vice President in accordance with sections 1 and 2 of title 
        3; a `Federal law enforcement officer' is a public servant 
        authorized by law or by a Government agency or Congress to 
        conduct or engage in the prevention, investigation, or 
        prosecution of an offense; `Federal prison' means a Federal 
        correctional, detention, or penal facility, Federal community 
        treatment center, or Federal halfway house, or any such prison 
        operated under contract with the Federal Government; and 
        `Federal judge' means any judicial officer of the United 
        States, and includes a justice of the Supreme Court and a 
        United States magistrate judge.
The jury, or if there is no jury, the court, may consider whether any 
other aggravating factor exists.
    ``(d) Aggravating Factors for Drug Offense Death Penalty.--In 
determining whether a sentence of death is justified for an offense 
described in section 3591 (3), (4), or (5), the jury, or if there is no 
jury, the court, shall consider each of the following aggravating 
factors and determine which, if any, exist:
            ``(1) Previous conviction of offense for which a sentence 
        of death or life imprisonment was authorized.--The defendant 
        has previously been convicted of another Federal or State 
        offense resulting in the death of a person, for which a 
        sentence of life imprisonment or death was authorized by 
        statute.
            ``(2) Previous conviction of other serious offenses.--The 
        defendant has previously been convicted of two or more Federal 
        or State offenses, each punishable by a term of imprisonment of 
        more than one year, committed on different occasions, involving 
        the importation, manufacture, or distribution of a controlled 
        substance (as defined in section 102 of the Controlled 
        Substances Act (21 U.S.C. 802)) or the infliction of, or 
        attempted infliction of, serious bodily injury or death upon 
        another person.
            ``(3) Previous serious drug felony conviction.--The 
        defendant has previously been convicted of another Federal or 
        State offense involving the manufacture, distribution, 
        importation, or possession of a controlled substance (as 
        defined in section 102 of the Controlled Substances Act (21 
        U.S.C. 802)) for which a sentence of five or more years of 
        imprisonment was authorized by statute.
            ``(4) Use of firearm.--In committing the offense, or in 
        furtherance of a continuing criminal enterprise of which the 
        offense was a part, the defendant used a firearm or knowingly 
        directed, advised, authorized, or assisted another to use a 
        firearm (as defined in section 921) to threaten, intimidate, 
        assault, or injure a person.
            ``(5) Distribution to persons under 21.--The offense, or a 
        continuing criminal enterprise of which the offense was a part, 
        involved conduct proscribed by section 418 of the Controlled 
        Substances Act (21 U.S.C. 859) which was committed directly by 
        the defendant or for which the defendant would be liable under 
        section 2 of this title.
            ``(6) Distribution near schools.--The offense, or a 
        continuing criminal enterprise of which the offense was a part, 
        involved conduct proscribed by section 419 of the Controlled 
        Substances Act (21 U.S.C. 860) which was committed directly by 
        the defendant or for which the defendant would be liable under 
        section 2 of this title.
            ``(7) Using minors in trafficking.--The offense, or a 
        continuing criminal enterprise of which the offense was a part, 
        involved conduct proscribed by section 420 of the Controlled 
        Substances Act (21 U.S.C. 861) which was committed directly by 
        the defendant or for which the defendant would be liable under 
        section 2 of this title.
            ``(8) Lethal adulterant.--The offense involved the 
        importation, manufacture, or distribution of a controlled 
        substance (as defined in section 102 of the Controlled 
        Substances Act (21 U.S.C. 802)), mixed with a potentially 
        lethal adulterant, and the defendant was aware of the presence 
        of the adulterant.
The jury, or if there is no jury, the court, may consider whether any 
other aggravating factor exists.
``Sec. 3593. Special hearing to determine whether a sentence of death 
              is justified
    ``(a) Notice by the Government.--Whenever the Government intends to 
seek the death penalty for an offense described in section 3591, the 
attorney for the Government, a reasonable time before the trial, or 
before acceptance by the court of a plea of guilty, or at such time 
thereafter as the court may permit upon a showing of good cause, shall 
sign and file with the court, and serve on the defendant, a notice that 
the Government in the event of conviction will seek the sentence of 
death. The notice shall set forth the aggravating factor or factors 
enumerated in section 3592, and any other aggravating factor not 
specifically enumerated in section 3592, that the Government, if the 
defendant is convicted, will seek to prove as the basis for the death 
penalty. The factors for which notice is provided under this subsection 
may include factors concerning the effect of the offense on the victim 
and the victim's family. The court may permit the attorney for the 
Government to amend the notice upon a showing of good cause.
    ``(b) Hearing Before a Court or Jury.--When the attorney for the 
Government has filed a notice as required under subsection (a) and the 
defendant is found guilty of an offense described in section 3591, the 
judge who presided at the trial or before whom the guilty plea was 
entered, or another judge if that judge is unavailable, shall conduct a 
separate sentencing hearing to determine the punishment to be imposed. 
Prior to such a hearing, no presentence report shall be prepared by the 
United States Probation Service, notwithstanding the provisions of the 
Federal Rules of Criminal Procedure. The hearing shall be conducted--
            ``(1) before the jury that determined the defendant's 
        guilt;
            ``(2) before a jury impaneled for the purpose of the 
        hearing if--
                    ``(A) the defendant was convicted upon a plea of 
                guilty;
                    ``(B) the defendant was convicted after a trial 
                before the court sitting without a jury;
                    ``(C) the jury that determined the defendant's 
                guilt was discharged for good cause; or
                    ``(D) after initial imposition of a sentence under 
                this section, reconsideration of the sentence under the 
                section is necessary; or
            ``(3) before the court alone, upon motion of the defendant 
        and with the approval of the attorney for the Government.
A jury impaneled pursuant to paragraph (2) shall consist of 12 members, 
unless, at any time before the conclusion of the hearing, the parties 
stipulate, with the approval of the court, that it shall consist of a 
lesser number.
    ``(c) Proof of Mitigating and Aggravating Factors.--At the hearing, 
information may be presented as to--
            ``(1) any matter relating to any mitigating factor listed 
        in section 3592 and any other mitigating factor; and
            ``(2) any matter relating to any aggravating factor listed 
        in section 3592 for which notice has been provided under 
        subsection (a) and (if information is presented relating to 
        such a listed factor) any other aggravating factor for which 
        notice has been so provided.
The information presented may include the trial transcript and 
exhibits. Any other information relevant to such mitigating or 
aggravating factors may be presented by either the Government or the 
defendant. The information presented by the Government in support of 
factors concerning the effect of the offense on the victim and the 
victim's family may include oral testimony, a victim impact statement 
that identifies the victim of the offense and the nature and extent of 
harm and loss suffered by the victim and the victim's family, and other 
relevant information. Information is admissible regardless of its 
admissibility under the rules governing admission of evidence at 
criminal trials, except that information may be excluded if its 
probative value is outweighed by the danger of creating unfair 
prejudice, confusing the issues, or misleading the jury. The attorney 
for the Government and for the defendant shall be permitted to rebut 
any information received at the hearing, and shall be given fair 
opportunity to present argument as to the adequacy of the information 
to establish the existence of any aggravating or mitigating factor, and 
as to the appropriateness in that case of imposing a sentence of death. 
The attorney for the Government shall open the argument. The defendant 
shall be permitted to reply. The Government shall then be permitted to 
reply in rebuttal. The burden of establishing the existence of an 
aggravating factor is on the Government, and is not satisfied unless 
the existence of such a factor is established beyond a reasonable 
doubt. The burden of establishing the existence of any mitigating 
factor is on the defendant, and is not satisfied unless the existence 
of such a factor is established by a preponderance of the evidence.
    ``(d) Return of Special Findings.--The jury, or if there is no 
jury, the court, shall consider all the information received during the 
hearing. It shall return special findings identifying any aggravating 
factor or factors set forth in section 3592 found to exist and any 
other aggravating factor for which notice has been provided under 
subsection (a) found to exist. A finding with respect to a mitigating 
factor may be made by one or more members of the jury, and any member 
of the jury who finds the existence of a mitigating factor may consider 
such factor established for purposes of this section regardless of the 
number of jurors who concur that the factor has been established. A 
finding with respect to any aggravating factor must be unanimous. If no 
aggravating factor set forth in section 3592 is found to exist, the 
court shall impose a sentence other than death authorized by law.
    ``(e) Return of a Finding Concerning a Sentence of Death.--If, in 
the case of--
            ``(1) an offense described in section 3591(1), an 
        aggravating factor required to be considered under section 
        3592(b) is found to exist;
            ``(2) an offense described in section 3591 (2) or (6), an 
        aggravating factor required to be considered under section 
        3592(c) is found to exist; or
            ``(3) an offense described in section 3591 (3), (4), or 
        (5), an aggravating factor required to be considered under 
        section 3592(d) is found to exist,
the jury, or if there is no jury, the court, shall then consider 
whether the aggravating factor or factors found to exist under 
subsection (d) outweigh any mitigating factor or factors. The jury, or 
if there is no jury, the court shall recommend a sentence of death if 
it unanimously finds at least one aggravating factor and no mitigating 
factor or if it finds one or more aggravating factors which outweigh 
any mitigating factors. In any other case, it shall not recommend a 
sentence of death. The jury shall be instructed that it must avoid any 
influence of sympathy, sentiment, passion, prejudice, or other 
arbitrary factors in its decision, and should make such a 
recommendation as the information warrants.
    ``(f) Special Precaution To Ensure Against Discrimination.--In a 
hearing held before a jury, the court, prior to the return of a finding 
under subsection (e), shall instruct the jury that, in considering 
whether a sentence of death is justified, it shall not be influenced by 
prejudice or bias relating to the race, color, religion, national 
origin, or sex of the defendant or of any victim and that the jury is 
not to recommend a sentence of death unless it has concluded that it 
would recommend a sentence of death for the crime in question no matter 
what the race, color, religion, national origin, or sex of the 
defendant or of any victim may be. The jury, upon return of a finding 
under subsection (e), shall also return to the court a certificate, 
signed by each juror, that prejudice or bias relating to the race, 
color, religion, national origin, or sex of the defendant or any victim 
was not involved in reaching his or her individual decision and that 
the individual juror would have made the same recommendation regarding 
a sentence for the crime in question no matter what the race, color, 
religion, national origin, or sex of the defendant or any victim may 
be.
``Sec. 3594. Imposition of a sentence of death
    ``Upon the recommendation under section 3593(e) that a sentence of 
death be imposed, the court shall sentence the defendant to death. 
Otherwise the court shall impose a sentence, other than death, 
authorized by law. Notwithstanding any other provision of law, if the 
maximum term of imprisonment for the offense is life imprisonment, the 
court may impose a sentence of life imprisonment without the 
possibility of release.
``Sec. 3595. Review of a sentence of death
    ``(a) Appeal.--In a case in which a sentence of death is imposed, 
the sentence shall be subject to review by the court of appeals upon 
appeal by the defendant. Notice of appeal of the sentence must be filed 
within the time specified for the filing of a notice of appeal of the 
judgment of conviction. An appeal of the sentence under this section 
may be consolidated with an appeal of the judgment of conviction and 
shall have priority over all other cases.
    ``(b) Review.--The court of appeals shall review the entire record 
in the case, including--
            ``(1) the evidence submitted during the trial;
            ``(2) the information submitted during the sentencing 
        hearing;
            ``(3) the procedures employed in the sentencing hearing; 
        and
            ``(4) the special findings returned under section 3593(d).
    ``(c) Decision and Disposition.--
            ``(1) Affirmance.--If the court of appeals determines 
        that--
                    ``(A) the sentence of death was not imposed under 
                the influence of passion, prejudice, or any other 
                arbitrary factor;
                    ``(B) the evidence and information support the 
                special findings of the existence of an aggravating 
                factor or factors; and
                    ``(C) the proceedings did not involve any other 
                prejudicial error requiring reversal of the sentence 
                that was properly preserved for and raised on appeal,
        it shall affirm the sentence.
            ``(2) Remand.--In a case in which the sentence is not 
        affirmed under paragraph (1), the court of appeals shall remand 
        the case for reconsideration under section 3593 or for 
        imposition of another authorized sentence as appropriate, 
        except that the court shall not reverse a sentence of death on 
        the ground that an aggravating factor was invalid or was not 
        supported by the evidence and information if at least one 
        aggravating factor required to be considered under section 3592 
        remains which was found to exist and the court, on the basis of 
        the evidence submitted at trial and the information submitted 
        at the sentencing hearing, finds no mitigating factor or finds 
        that the remaining aggravating factor or factors which were 
        found to exist outweigh any mitigating factors.
            ``(3) Statement of reasons.--The court of appeals shall 
        state in writing the reasons for its disposition of an appeal 
        of a sentence of death under this section.
``Sec.  3596. Implementation of a sentence of death
    ``(a) In General.--A person who has been sentenced to death 
pursuant to this chapter shall be committed to the custody of the 
Attorney General until exhaustion of the procedures for appeal of the 
judgment of conviction and for review of the sentence. When the 
sentence is to be implemented, the Attorney General shall release the 
person sentenced to death to the custody of a United States Marshal, 
who shall supervise implementation of the sentence in the manner 
prescribed by the law of the State in which the sentence is imposed. If 
the law of such State does not provide for implementation of a sentence 
of death, the court shall designate another State, the law of which 
does so provide, and the sentence shall be implemented in the manner 
prescribed by such law.
    ``(b) Special Bars to Execution.--A sentence of death shall not be 
carried out upon a person who lacks the mental capacity to understand 
the death penalty and why it was imposed on that person, or upon a 
woman while she is pregnant.
    ``(c) Employees May Decline To Participate.--No employee of any 
State department of corrections, the Federal Bureau of Prisons, or the 
United States Marshals Service, and no employee providing services to 
that department, bureau, or service under contract shall be required, 
as a condition of that employment or contractual obligation, to be in 
attendance at or to participate in any execution carried out under this 
section if such participation is contrary to the moral or religious 
convictions of the employee. For purposes of this subsection, the term 
`participate in any execution' includes personal preparation of the 
condemned individual and the apparatus used for the execution, and 
supervision of the activities of other personnel in carrying out such 
activities.
``Sec. 3597. Use of State facilities
    ``A United States Marshal charged with supervising the 
implementation of a sentence of death may use appropriate State or 
local facilities for the purpose, may use the services of an 
appropriate State or local official or of a person such an official 
employs for the purpose, and shall pay the costs thereof in an amount 
approved by the Attorney General.
``Sec. 3598. Appointment of counsel
    ``(a) Representation of Indigent Defendants.--This section shall 
govern the appointment of counsel for any defendant against whom a 
sentence of death is sought, or on whom a sentence of death has been 
imposed, for an offense against the United States, where the defendant 
is or becomes financially unable to obtain adequate representation. 
Such a defendant shall be entitled to appointment of counsel from the 
commencement of trial proceedings until one of the conditions specified 
in section 3599(b) has occurred. This section shall not affect the 
appointment of counsel and the provision of ancillary legal services 
under section 408(q) (4), (5), (6), (7), (8), (9), and (10) of the 
Controlled Substances Act (21 U.S.C. 848 (q) (4), (5), (6), (7), (8), 
(9), and (10)).
    ``(b) Representation Before Finality of Judgment.--A defendant 
within the scope of this section shall have counsel appointed for trial 
representation as provided in section 3005. At least 1 counsel so 
appointed shall continue to represent the defendant until the 
conclusion of direct review of the judgment, unless replaced by the 
court with other qualified counsel.
    ``(c) Representation After Finality of Judgment.--When a judgment 
imposing a sentence of death has become final through affirmance by the 
Supreme Court on direct review, denial of certiorari by the Supreme 
Court on direct review, or expiration of the time for seeking direct 
review in the court of appeals or the Supreme Court, the Government 
shall promptly notify the district court that imposed the sentence. 
Within 10 days after receipt of such notice, the district court shall 
proceed to make a determination whether the defendant is eligible under 
this section for appointment of counsel for subsequent proceedings. On 
the basis of the determination, the court shall issue an order--
            ``(1) appointing 1 or more counsel to represent the 
        defendant upon a finding that the defendant is financially 
        unable to obtain adequate representation and wishes to have 
        counsel appointed or is unable competently to decide whether to 
        accept or reject appointment of counsel;
            ``(2) finding, after a hearing if necessary, that the 
        defendant rejected appointment of counsel and made the decision 
        with an understanding of its legal consequences; or
            ``(3) denying the appointment of counsel upon a finding 
        that the defendant is financially able to obtain adequate 
        representation.
Counsel appointed pursuant to this subsection shall be different from 
the counsel who represented the defendant at trial and on direct review 
unless the defendant and counsel request a continuation or renewal of 
the earlier representation.
    ``(d) Standards for Competence of Counsel.--In relation to a 
defendant who is entitled to appointment of counsel under this section, 
at least 1 counsel appointed for trial representation must have been 
admitted to the bar for at least 5 years and have at least 3 years of 
experience in the trial of felony cases in the federal district courts. 
If new counsel is appointed after judgment, at least 1 counsel so 
appointed must have been admitted to the bar for at least 5 years and 
have at least 3 years of experience in the litigation of felony cases 
in the Federal courts of appeals or the Supreme Court. The court, for 
good cause, may appoint counsel who does not meet the standards 
prescribed in the 2 preceding sentences, but whose background, 
knowledge, or experience would otherwise enable him or her to properly 
represent the defendant, with due consideration of the seriousness of 
the penalty and the nature of the litigation.
    ``(e) Applicability of Criminal Justice Act.--Except as otherwise 
provided in this section, section 3006A shall apply to appointments 
under this section.
    ``(f) Claims of Ineffectiveness of Counsel.--The ineffectiveness or 
incompetence of counsel during proceedings on a motion under section 
2255 of title 28 in a capital case shall not be a ground for relief 
from the judgment or sentence in any proceeding. This limitation shall 
not preclude the appointment of different counsel at any stage of the 
proceedings.
``Sec. 3599. Collateral attack on judgment imposing sentence of death
    ``(a) Time for Making Section 2255 Motion.--In a case in which a 
sentence of death has been imposed, and the judgment has become final 
as described in section 3598(c), a motion in the case under section 
2255 of title 28 shall be filed within 90 days of the issuance of the 
order relating to appointment of counsel under section 3598(c). The 
court in which the motion is filed, for good cause shown, may extend 
the time for filing for a period not exceeding 60 days. A motion 
described in this section shall have priority over all noncapital 
matters in the district court, and in the court of appeals on review of 
the district court's decision.
    ``(b) Stay of Execution.--The execution of a sentence of death 
shall be stayed in the course of direct review of the judgment and 
during the litigation of an initial motion in the case under section 
2255 of title 28. The stay shall run continuously following imposition 
of the sentence, and shall expire if--
            ``(1) the defendant fails to file a motion under section 
        2255 of title 28 within the time specified in subsection (a), 
        or fails to make a timely application for court of appeals 
        review following the denial of such a motion by a district 
        court;
            ``(2) upon completion of district court and court of 
        appeals review under section 2255 of title 28, the motion under 
        that section is denied and--
                    ``(A) the time for filing a petition for certiorari 
                has expired and no petition has been filed;
                    ``(B) a timely petition for certiorari was filed 
                and the Supreme Court denied the petition; or
                    ``(C) a timely petition for certiorari was filed 
                and upon consideration of the case, the Supreme Court 
                disposed of it in a manner that left the capital 
                sentence undisturbed; or
            ``(3) before a district court, in the presence of counsel 
        and after having been advised of the consequences of the 
        decision to do so, the defendant waives the right to file a 
        motion under section 2255 of title 28.
    ``(c) Finality of Decision on Review.--If one of the conditions 
specified in subsection (b) has occurred, no court thereafter shall 
have the authority to enter a stay of execution or grant relief in the 
case unless--
            ``(1) the basis for the stay and request for relief is a 
        claim not presented in earlier proceedings;
            ``(2) the failure to raise the claim was--
                    ``(A) the result of governmental action in 
                violation of the Constitution or laws of the United 
                States;
                    ``(B) the result of the Supreme Court recognition 
                of a new Federal right that is retroactively 
                applicable; or
                    ``(C) based on a factual predicate that could not 
                have been discovered through the exercise of reasonable 
                diligence in time to present the claim in earlier 
                proceedings; and
            ``(3) the facts underlying the claim would be sufficient, 
        if proven, to undermine the court's confidence in the 
        determination of guilt on the offense or offenses for which the 
        death penalty was imposed.
``Sec.  3600. Application in Indian country
    ``Notwithstanding sections 1152 and 1153, no person subject to the 
criminal jurisdiction of an Indian tribal government shall be subject 
to a capital sentence under this chapter for any offense the Federal 
jurisdiction for which is predicated solely on Indian country as 
defined in section 1151 and which has occurred within the boundaries of 
such Indian country, unless the governing body of the tribe has made an 
election that this chapter have effect over land and persons subject to 
its criminal jurisdiction.''.
    (b) Technical Amendment.--The part analysis for part II of title 
18, United States Code, is amended by adding after the item relating to 
chapter 227 the following new item:

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

SEC. 603. CONFORMING AMENDMENT RELATING TO DESTRUCTION OF AIRCRAFT OR 
              AIRCRAFT FACILITIES.

    Section 34 of title 18, United States Code, is amended by striking 
the comma after ``life'' and all that follows through ``order''.

SEC. 604. CONFORMING AMENDMENT RELATING TO ESPIONAGE.

    Section 794(a) of title 18, United States Code, is amended by 
striking the period at the end and inserting ``, except that the 
sentence of death shall not be imposed unless the jury or, if there is 
no jury, the court, further finds beyond a reasonable doubt at a 
hearing under section 3593 that the offense directly concerned--
            ``(1) nuclear weaponry, military spacecraft and satellites, 
        early warning systems, or other means of defense or retaliation 
        against large-scale attack;
            ``(2) war plans;
            ``(3) communications intelligence or cryptographic 
        information;
            ``(4) sources or methods of intelligence or 
        counterintelligence operations; or
            ``(5) any other major weapons system or major element of 
        defense strategy.''.

SEC. 605. CONFORMING AMENDMENT RELATING TO TRANSPORTING EXPLOSIVES.

    Section 844(d) of title 18, United States Code, is amended by 
striking ``as provided in section 34 of this title''.

SEC. 606. CONFORMING AMENDMENT RELATING TO MALICIOUS DESTRUCTION OF 
              FEDERAL PROPERTY BY EXPLOSIVES.

    Section 844(f) of title 18, United States Code, is amended by 
striking ``as provided in section 34 of this title''.

SEC. 607. CONFORMING AMENDMENT RELATING TO MALICIOUS DESTRUCTION OF 
              INTERSTATE PROPERTY BY EXPLOSIVES.

    Section 844(i) of title 18, United States Code, is amended by 
striking ``as provided in section 34 of this title''.

SEC. 608. CONFORMING AMENDMENT RELATING TO MURDER.

    Section 1111(b) of title 18, United States Code, is amended to read 
as follows:
    ``(b) Within the special maritime and territorial jurisdiction of 
the United States--
            ``(1) whoever is guilty of murder in the first degree shall 
        be punished by death or by imprisonment for life; and
            ``(2) whoever is guilty of murder in the second degree 
        shall be imprisoned for any term of years or for life.''.

SEC. 609. CONFORMING AMENDMENT RELATING TO KILLING OFFICIAL GUESTS OR 
              INTERNATIONALLY PROTECTED PERSONS.

    Section 1116(a) of title 18, United States Code, is amended by 
striking the comma after ``title'' and all that follows through 
``years''.

SEC. 610. MURDER BY FEDERAL PRISONER.

    (a) Offense.--Chapter 51 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1118. Murder by a Federal prisoner
    ``(a) Offense.--Whoever, while confined in a Federal prison under a 
sentence for a term of life imprisonment, murders another shall be 
punished by death or by life imprisonment without the possibility of 
release.
    ``(b) Definitions.--For purposes of this section--
            ``(1) `Federal prison' means any Federal correctional, 
        detention, or penal facility, Federal community treatment 
        center, or Federal halfway house, or any such prison operated 
        under contract with the Federal Government; and
            ``(2) `term of life imprisonment' means a sentence for the 
        term of natural life, a sentence commuted to natural life, an 
        indeterminate term of a minimum of at least 15 years and a 
        maximum of life, or an unexecuted sentence of death.''.
    (b) Technical Amendment.--The chapter analysis for chapter 51 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

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

SEC. 611. CONFORMING AMENDMENT RELATING TO KIDNAPPING.

    Section 1201(a) of title 18, United States Code, is amended by 
striking the period at the end and inserting ``and, if the death of any 
person results, shall be punished by death or life imprisonment''.

SEC. 612. CONFORMING AMENDMENT RELATING TO HOSTAGE TAKING.

    Section 1203(a) of title 18, United States Code, is amended by 
striking the period at the end and inserting ``and, if the death of any 
person results, shall be punished by death or life imprisonment''.

SEC. 613. CONFORMING AMENDMENT RELATING TO MAILABILITY OF INJURIOUS 
              ARTICLES.

    The last paragraph of section 1716 of title 18, United States Code, 
is amended by striking the comma after ``life'' and all that follows 
through ``order''.

SEC. 614. CONFORMING AMENDMENT RELATING TO PRESIDENTIAL ASSASSINATION.

    Section 1751(c) of title 18, United States Code, is amended to read 
as follows:
    ``(c) Whoever attempts to murder or kidnap any individual 
designated in subsection (a) shall be punished--
            ``(1) by imprisonment for any term of years or for life; or
            ``(2) if the conduct constitutes an attempt to murder the 
        President of the United States and results in bodily injury to 
        the President or otherwise comes dangerously close to causing 
        the death of the President, by death or imprisonment for any 
        term of years or for life.''.

SEC. 615. CONFORMING AMENDMENT RELATING TO MURDER FOR HIRE.

    Section 1958(a) of title 18, United States Code, is amended by 
striking ``and if death results, shall be subject to imprisonment for 
any term of years or for life, or shall be fined not more than $50,000, 
or both'' and inserting ``and if death results, shall be punished by 
death or life imprisonment, or shall be fined in accordance with this 
title, or both''.

SEC. 616. CONFORMING AMENDMENT RELATING TO VIOLENT CRIMES IN AID OF 
              RACKETEERING ACTIVITY.

    Section 1959(a)(1) of title 18, United States Code, is amended to 
read as follows:
            ``(1) for murder, by death or life imprisonment, or a fine 
        in accordance with this title, or both, and for kidnapping, by 
        imprisonment for any term of years or for life, or a fine in 
        accordance with this title, or both;''.

SEC. 617. CONFORMING AMENDMENT RELATING TO WRECKING TRAINS.

    The penultimate paragraph of section 1992 of title 18, United 
States Code, is amended by striking the comma after ``life'' and all 
that follows through ``order''.

SEC. 618. CONFORMING AMENDMENT RELATING TO BANK ROBBERY.

    Section 2113(e) of title 18, United States Code, is amended by 
striking ``or punished by death if the verdict of the jury shall so 
direct'' and inserting ``or if death results shall be punished by death 
or life imprisonment''.

SEC. 619. CONFORMING AMENDMENT RELATING TO TERRORIST ACTS.

    Section 2332(a)(1) of title 18, United States Code, as redesignated 
by section 601(b)(2), is amended to read as follows:
            ``(1) if the killing is murder as defined in section 
        1111(a), be fined under this title, punished by death or 
        imprisonment for any term of years or for life, or both;''.

SEC. 620. CONFORMING AMENDMENT RELATING TO AIRCRAFT HIJACKING.

    Section 903 of the Federal Aviation Act of 1958 (49 U.S.C. App. 
1473) is amended by striking subsection (c).

SEC. 621. CONFORMING AMENDMENT TO CONTROLLED SUBSTANCES ACT.

    Section 408 of the Controlled Substances Act (21 U.S.C. 848) is 
amended by striking subsections (g), (h), (i), (j), (k), (l), (m), (n), 
(o), (p), (q) (1), (2), and (3), and (r).

SEC. 622. CONFORMING AMENDMENT RELATING TO GENOCIDE.

    Section 1091(b)(1) of title 18, United States Code, is amended by 
striking ``a fine of not more than $1,000,000 and imprisonment for 
life'' and inserting ``death or imprisonment for life and a fine of not 
more than $1,000,000''.

SEC. 623. PROTECTION OF COURT OFFICERS AND JURORS.

    Section 1503 of title 18, United States Code, is amended--
            (1) by inserting ``(a)'' before ``Whoever'';
            (2) in subsection (a), as designated by paragraph (1)--
                    (A) by striking ``commissioner'' each place it 
                appears and inserting ``magistrate judge''; and
                    (B) by striking ``fined not more than $5,000 or 
                imprisoned not more than five years, or both'' and 
                inserting ``punished as provided in subsection (b)''; 
                and
            (3) by adding at the end the following new subsection:
    ``(b) The punishment for an offense under this section is--
            ``(1) in the case of a killing, the punishment provided in 
        sections 1111 and 1112;
            ``(2) in the case of an attempted killing, or a case in 
        which the offense was committed against a petit juror and in 
        which a class A or B felony was charged, imprisonment for not 
        more than 20 years; and
            ``(3) in any other case, imprisonment for not more than 10 
        years.''.

SEC. 624. PROHIBITION OF RETALIATORY KILLINGS OF WITNESSES, VICTIMS, 
              AND INFORMANTS.

    Section 1513 of title 18, United States Code, is amended--
            (1) by redesignating subsections (a) and (b) as subsections 
        (b) and (c), respectively; and
            (2) by inserting before subsection (b), as redesignated by 
        paragraph (1), the following new subsection:
    ``(a)(1) Whoever kills or attempts to kill another person with 
intent to retaliate against any person for--
            ``(A) the attendance of a witness or party at an official 
        proceeding, or any testimony given or any record, document, or 
        other object produced by a witness in an official proceeding; 
        or
            ``(B) any information relating to the commission or 
        possible commission of a Federal offense or a violation of 
        conditions of probation, parole, or release pending judicial 
        proceedings given by a person to a law enforcement officer,
shall be punished as provided in paragraph (2).
    ``(2) The punishment for an offense under this subsection is--
            ``(A) in the case of a killing, the punishment provided in 
        sections 1111 and 1112; and
            ``(B) in the case of an attempt, imprisonment for not more 
        than 20 years.''.

SEC. 625. DEATH PENALTY FOR MURDER OF FEDERAL LAW ENFORCEMENT OFFICERS.

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

SEC. 626. DEATH PENALTY FOR MURDER OF STATE OR LOCAL LAW ENFORCEMENT 
              OFFICERS ASSISTING FEDERAL LAW ENFORCEMENT OFFICERS.

    Section 1114 of title 18, United States Code, is amended by 
inserting ``, or any State or local law enforcement officer while 
assisting, or on account of his or her assistance of, any Federal 
officer or employee covered by this section in the performance of 
duties,'' after ``other statutory authority''.

SEC. 627. IMPLEMENTATION OF THE 1988 PROTOCOL FOR THE SUPPRESSION OF 
              UNLAWFUL ACTS OF VIOLENCE AT AIRPORTS SERVING 
              INTERNATIONAL CIVIL AVIATION.

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

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

SEC. 628. AMENDMENT TO FEDERAL AVIATION ACT.

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

SEC. 629. OFFENSES OF VIOLENCE AGAINST MARITIME NAVIGATION OR FIXED 
              PLATFORMS.

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

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

SEC. 630. TORTURE.

    (a) In General.--Part I of title 18, United States Code, is amended 
by inserting after chapter 113A the following new chapter:

                        ``CHAPTER 113B--TORTURE

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

``113B. Torture.............................................   2340.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the later of--
            (1) the date of enactment of this Act; or
            (2) the date on which the United States has become a party 
        to the Convention Against Torture and Other Cruel, Inhuman or 
        Degrading Treatment or Punishment.

SEC. 631. WEAPONS OF MASS DESTRUCTION.

    (a) Findings.--The Congress finds that the use and threatened use 
of weapons of mass destruction (as defined in the amendment made by 
subsection (b)) gravely harm the national security and foreign 
relations interests of the United States, seriously affect interstate 
and foreign commerce, and disturb the domestic tranquility of the 
United States.
    (b) Offense.--Chapter 113A of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2339. Use of weapons of mass destruction
    ``(a) Offense.--A person who uses, or attempts or conspires to use, 
a weapon of mass destruction--
            ``(1) against a national of the United States while such 
        national is outside of the United States;
            ``(2) against any person within the United States; or
            ``(3) against any property that is owned, leased, or used 
        by the United States or by any department or agency of the 
        United States, whether the property is within or outside the 
        United States,
shall be imprisoned for any term of years or for life, and if death 
results, shall be punished by death or imprisoned for any term of years 
or for life.
    ``(b) Definitions.--In this section--
            ```national of the United States' has the meaning stated in 
        section 101(a)(22) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(22)).
            ```weapon of mass destruction' means--
                    ``(A) a destructive device (as defined in section 
                921);
                    ``(B) poison gas;
                    ``(C) a weapon involving a disease organism; and
                    ``(D) a weapon that is designed to release 
                radiation or radioactivity at a level dangerous to 
                human life.''.
    (c) Technical Amendment.--The chapter analysis for chapter 113A of 
title 18, United States Code, is amended by adding at the end the 
following new item:

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

SEC. 632. HOMICIDES AND ATTEMPTED HOMICIDES INVOLVING FIREARMS IN 
              FEDERAL FACILITIES.

    Section 930 of title 18, United States Code, is amended--
            (1) by redesignating subsections (c), (d), (e), (f), and 
        (g) as subsections (d), (e), (f), (g), and (h), respectively;
            (2) in subsection (a), by striking ``(c)'' and inserting 
        ``(d)''; and
            (3) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Whoever kills or attempts to kill any person in the course of 
a violation of subsection (a) or (b), or in the course of an attack on 
a Federal facility involving the use of a firearm or other dangerous 
weapon, shall--
            ``(1) in the case of a killing constituting murder (as 
        defined in section 1111(a)), be punished by death or imprisoned 
        for any term of years or for life; and
            ``(2) in the case of any other killing or an attempted 
        killing, be subject to the penalties provided for engaging in 
        such conduct within the special maritime and territorial 
        jurisdiction of the United States under sections 1112 and 
        1113.''.

SEC. 633. DEATH PENALTY FOR CIVIL RIGHTS MURDERS.

    (a) Conspiracy Against Rights.--Section 241 of title 18, United 
States Code, is amended by striking ``shall be subject to imprisonment 
for any term of years or for life'' and inserting ``shall be punished 
by death or imprisonment for any term of years or for life''.
    (b) Deprivation of Rights Under Color of Law.--Section 242 of title 
18, United States Code, is amended by striking ``shall be subject to 
imprisonment for any term of years or for life'' and inserting ``shall 
be punished by death or imprisonment for any term of years or for 
life''.
    (c) Federally Protected Activities.--Section 245(b) of title 18, 
United States Code, is amended by striking ``shall be subject to 
imprisonment for any term of years or for life'' and inserting ``shall 
be punished by death or imprisonment for any term of years or for 
life''.
    (d) Damage to Religious Property; Obstruction of the Free Exercise 
of Religious Rights.--Section 247(c)(1) of title 18, United States 
Code, is amended by inserting ``the death penalty or'' before 
``imprisonment''.

SEC. 634. DEATH PENALTY FOR MURDER OF FEDERAL WITNESSES.

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

SEC. 635. DRIVE-BY SHOOTINGS.

    (a) Offense.--Chapter 44 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 931. Drive-by shootings
    ``(a) Offense.--Whoever knowingly discharges a firearm at a 
person--
            ``(1) in the course of or in furtherance of drug 
        trafficking activity; or
            ``(2) from a motor vehicle,
shall be punished by imprisonment for not more than 25 years, and if 
death results shall be punished by death or by imprisonment for any 
term of years or for life.
    ``(b) Definition.--As used in this section, the term `drug 
trafficking activity' means a drug trafficking crime (as defined in 
section 929(a)(2)), or a pattern or series of acts involving one or 
more drug trafficking crimes.''.
    (b) Technical Amendment.--The chapter analysis for chapter 44 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

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

SEC. 636. DEATH PENALTY FOR GUN MURDERS DURING FEDERAL CRIMES OF 
              VIOLENCE AND DRUG TRAFFICKING CRIMES.

    Section 924 of title 18, United States Code, is amended by adding 
at the end the following new subsection:
    ``(i) Whoever, in the course of a violation of subsection (c), 
causes the death of a person through the use of a firearm, shall--
            ``(1) if the killing is a murder (as defined in section 
        1111), be punished by death or by imprisonment for any term of 
        years or for life; and
            ``(2) if the killing is manslaughter (as defined in section 
        1112), be punished as provided in section 1112.''.

SEC. 637. DEATH PENALTY FOR RAPE AND CHILD MOLESTATION MURDERS.

    (a) Offense.--Chapter 109A of title 18, United States Code, is 
amended--
            (1) by redesignating section 2245 as section 2246; and
            (2) by inserting after section 2244 the following new 
        section:
``Sec. 2245. Sexual abuse resulting in death
    ``Whoever, in the course of an offense under this chapter, engages 
in conduct that results in the death of a person, shall be punished by 
death or imprisoned for any term of years or for life.''.
    (b) Technical Amendment.--The chapter analysis for chapter 109A of 
title 18, United States Code, is amended by striking the item relating 
to section 2245 and inserting the following:

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

SEC. 638. PROTECTION OF JURORS AND WITNESSES IN CAPITAL CASES.

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

SEC. 639. INAPPLICABILITY TO UNIFORM CODE OF MILITARY JUSTICE.

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

SEC. 640. DEATH PENALTY FOR CAUSING DEATH IN THE SEXUAL EXPLOITATION OF 
              CHILDREN.

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

SEC. 641. MURDER BY ESCAPED PRISONERS.

    (a) Offense.--Chapter 51 of title 18, United States Code, as 
amended by section 110, is amended by adding at the end the following 
new section:
``Sec. 1119. Murder by escaped prisoners
    ``(a) Offense.--A person who, having escaped from a Federal prison 
where the person was confined under a sentence for a term of life 
imprisonment, kills another person, shall be punished as provided in 
sections 1111 and 1112.
    ``(b) Definition.--As used in this section, the terms `Federal 
prison' and `term of life imprisonment' have the meanings stated in 
section 1118.''.
    (b) Technical Amendment.--The chapter analysis for chapter 51 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

``1119. Murder by escaped prisoners.''.

SEC. 642. DEATH PENALTY FOR MURDERS IN THE DISTRICT OF COLUMBIA.

    (a) Offense.--Chapter 51 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1118. Capital punishment for murders in the District of Columbia
    ``(a) Offense.-- It is an offense to cause the death of a person 
intentionally, knowingly, or through recklessness manifesting extreme 
indifference to human life, or to cause the death of a person through 
the intentional infliction of serious bodily injury.
    ``(b) Federal Jurisdiction.--There is a federal jurisdiction over 
an offense described in this section if the conduct resulting in death 
occurs in the District of Columbia.
    ``(c) Penalty.--An offense described in this section is a Class A 
felony. A sentence of death may be imposed for an offense described in 
this section as provided in subsections (d), (e), (f), (g), (h), (i), 
(j), (k), and (l).
    ``(d) Mitigating Factors.--In determining whether to recommend a 
sentence of death, the jury shall consider whether any aspect of the 
defendant's character, background, or record or any circumstance of the 
offense that the defendant may proffer as a mitigating factor exists, 
including the following factors:
            ``(1) Mental capacity.--The defendant's mental capacity to 
        appreciate the wrongfulness of his conduct or to conform his 
        conduct to the requirements of law was significantly impaired.
            ``(2) Duress.--The defendant was under unusual and 
        substantial duress.
            ``(3) Participation in offense minor.--The defendant is 
        punishable as a principal in an offense committed by another 
        person, but the defendant's participation was relatively minor.
    ``(e) Aggravating Factors.--In determining whether to recommend a 
sentence of death, the jury shall consider any aggravating factor for 
which notice has been provided under subsection (f), including the 
following factors--
            ``(1) Killing in furtherance of drug trafficking.--The 
        defendant engaged in the conduct resulting in death in the 
        course of or in furtherance of drug trafficking activity.
            ``(2) Killing in the course of other serious violent 
        crimes.--The defendant engaged in the conduct resulting in 
        death in the course of committing or attempting to commit an 
        offense involving robbery, burglary, sexual abuse, kidnaping, 
        or arson.
            ``(3) Multiple killings or endangerment of others.--The 
        defendant committed more than one offense under this section, 
        or in committing the offense knowingly created a grave risk of 
        death to one or more persons in addition to the victim of the 
        offense.
            ``(4) Involvement of firearm.--During and in relation to 
        the commission of the offense, the defendant used or possessed 
        a firearm as defined in section 921.
            ``(5) Previous conviction of violent felony.--The defendant 
        has previously been convicted of an offense punishable by a 
        term of imprisonment of more than 1 year that involved the use 
        or attempted or threatened use of force against a person or 
        that involved sexual abuse.
            (6) Killing while incarcerated or under supervision.--The 
        defendant at the time of the offense was confined in or had 
        escaped from a jail, prison, or other correctional or detention 
        facility, was on pre-trial release, or was on probation, 
        parole, supervised release, or other post-conviction 
        conditional release.
            ``(7) Heinous, cruel, or depraved manner of commission.--
        The defendant committed the offense in an especially heinous, 
        cruel, or depraved manner in that it involved torture or 
        serious physical abuse to the victim.
            ``(8) Procurement of the offense by payment.--The defendant 
        procured the commission of the offense by payment, or promise 
        of payment, of anything of pecuniary value.
            ``(9) Commission of the offense for pecuniary gain.--The 
        defendant committed the offense as consideration for receiving, 
        or in the expectation of receiving or obtaining, anything of 
        pecuniary value.
            ``(10) Substantial planning and premeditation.--The 
        defendant committed the offense after substantial planning and 
        premeditation.
            ``(11) Vulnerability of victim.--The victim was 
        particularly vulnerable due to old age, youth, or infirmity.
            ``(12) Killing of public servant.--The defendant committed 
        the offense against a public servant--
                    ``(i) while such public servant was engaged in the 
                performance of his or her official duties;
                    ``(ii) because of the performance of such public 
                servant's official duties; or
                    ``(iii) because of such public servant's status as 
                a public servant.
            ``(13) Killing to interfere with or retaliate against 
        witness.--The defendant committed the offense in order to 
        prevent or inhibit any person from testifying or providing 
        information concerning an offense, or to retaliate against any 
        person for testifying or providing such information.
    ``(f) Notice of Intent To Seek Death Penalty.--If the government 
intends to seek the death penalty for an offense under this section, 
the attorney for the government shall file with the court and serve on 
the defendant a notice of such intent. The notice shall be provided a 
reasonable time before the trial or acceptance of a guilty plea, or at 
such later time as the court may permit for good cause. The notice 
shall set forth the aggravating factor or factors set forth in 
subsection (e) and any other aggravating factor or factors that the 
government will seek to prove as the basis for the death penalty. The 
factors for which notice is provided under this subsection may include 
factors concerning the effect of the offense on the victim and the 
victim's family. The court may permit the attorney for the government 
to amend the notice upon a showing of good cause.
    ``(g) Judge and Jury at Capital Sentencing Hearing.--A hearing to 
determine whether the death penalty will be imposed for an offense 
under this section shall be conducted by the judge who presided at 
trial or accepted a guilty plea, or by another judge if that judge is 
not available. The hearing shall be conducted before the jury that 
determined the defendant's guilt if that jury is available. A new jury 
shall be impaneled for the purpose of the hearing if the defendant 
pleaded guilty, the trial of guilt was conducted without a jury, the 
jury that determined the defendant's guilt was discharged for good 
cause, or reconsideration of the sentence is necessary after the 
initial imposition of a sentence of death. A jury impaneled under this 
subsection shall have twelve members unless the parties stipulate to a 
lesser number at any time before the conclusion of the hearing with the 
approval of the judge. Upon motion of the defendant, with the approval 
of the attorney for the government, the hearing shall be carried out 
before the judge without a jury. If there is no jury, references to 
`the jury' in this section, where applicable, shall be understood as 
referring to the judge.
    ``(h) Proof of Mitigating and Aggravating Factors.--No presentence 
report shall be prepared if a capital sentencing hearing is held under 
this section. Any information relevant to the existence of mitigating 
factors, or to the existence of aggravating factors for which notice 
has been provided under subsection (f), may be presented by either the 
government or the defendant, regardless of its admissibility under the 
rules governing the admission of evidence at criminal trials, except 
that information may be excluded if its probative value is outweighed 
by the danger of creating unfair prejudice, confusing the issues, or 
misleading the jury. The information presented may include trial 
transcripts and exhibits. The attorney for the government and for the 
defendant shall be permitted to rebut any information received at the 
hearing, and shall be given fair opportunity to present argument as to 
the adequacy of the information to establish the existence of any 
aggravating or mitigating factor, and as to the appropriateness in that 
case of imposing a sentence of death. The attorney for the government 
shall open the argument, the defendant shall be permitted to reply, and 
the government shall then be permitted to reply in rebuttal.
    ``(i) Findings of Aggravating and Mitigating Factors.--The jury 
shall return special findings identifying any aggravating factor or 
factors for which notice has been provided under subsection (f) and 
which the jury unanimously determines have been established by the 
government beyond a reasonable doubt. A mitigating factor is 
established if the defendant has proven its existence by a 
preponderance of the evidence, and any member of the jury who finds the 
existence of such a factor may regard it as established for purposes of 
this section regardless of the number of jurors who concur that the 
factor has been established.
    ``(j) Finding Concerning a Sentence of Death.--If the jury 
specially finds under subsection (i) that one or more aggravating 
factors set forth in subsection (e) exist, and the jury further finds 
unanimously that there are no mitigating factors or that the 
aggravating factor or factors specially found under subsection (i) 
outweigh any mitigating factors, then the jury shall recommend a 
sentence of death. In any other case, the jury shall not recommend a 
sentence of death. The jury shall be instructed that it must avoid any 
influence of sympathy, sentiment, passion, prejudice, or other 
arbitrary factors in its decision, and should make such a 
recommendation as the information warrants.
    ``(k) Special Precaution To Ensure Against Discrimination.--In a 
hearing held before a jury, the court, before the return of a finding 
under subsection (j), shall instruct the jury that, in considering 
whether to recommend a sentence of death, it shall not consider the 
race, color, religion, national origin, or sex of the defendant or any 
victim, and that the jury is not to recommend a sentence of death 
unless it has concluded that it would recommend a sentence of death for 
such a crime regardless of the race, color, religion, national origin, 
or sex of the defendant or any victim. The jury, upon the return of a 
finding under subsection (j), shall also return to the court a 
certificate, signed by each juror, that the race, color, religion, 
national origin, or sex of the defendant or any victim did not affect 
the juror's individual decision and that the individual juror would 
have recommended the same sentence for such a crime regardless of the 
race, color, religion, national origin, or sex of the defendant or any 
victim.
    ``(l) Imposition of a Sentence of Death.--Upon a recommendation 
under subsection (j) that a sentence of death be imposed, the court 
shall sentence the defendant to death. Otherwise the court shall impose 
a sentence, other than death, authorized by law.
    ``(m) Review of a Sentence of Death.--
            ``(1) The defendant may appeal a sentence of death under 
        this section by filing a notice of appeal of the sentence 
        within the time provided for filing a notice of appeal of the 
        judgment of conviction. An appeal of a sentence under this 
        subsection may be consolidated within an appeal of the judgment 
        of conviction and shall have priority over all noncapital 
        matters in the court of appeals.
            ``(2) The court of appeals shall review the entire record 
        in the case including the evidence submitted at trial and 
        information submitted during the sentencing hearing, the 
        procedures employed in the sentencing hearing, and the special 
        findings returned under subsection (i). The court of appeals 
        shall uphold the sentence if it determines that the sentence of 
        death was not imposed under the influence of passion, 
        prejudice, or any other arbitrary factor, that the evidence and 
        information support the special findings under subsection (i), 
        and that the proceedings were otherwise free of prejudicial 
        error that was properly preserved for review.
            ``(3) In any other case, the court of appeals shall remand 
        the case for reconsideration of the sentence or imposition of 
        another authorized sentence as appropriate, except that the 
        court shall not reverse a sentence of death on the ground that 
        an aggravating factor was invalid or was not supported by the 
        evidence and information if at least one aggravating factor 
        described in subsection (e) remains which was found to exist 
        and the court, on the basis of the evidence submitted at trial 
        and the information submitted at the sentencing hearing, finds 
        that the remaining aggravating factor or factors which were 
        found to exist outweigh any mitigating factors. The court of 
        appeals shall state in writing the reasons for its disposition 
        of an appeal of a sentence of death under this section.
    ``(n) Implementation of Sentence of Death.--A person sentenced to 
death under this section shall be committed to the custody of the 
Attorney General until exhaustion of the procedures for appeal of the 
judgment of conviction and review of the sentence. When the sentence is 
to be implemented, the Attorney General shall release the person 
sentenced to death to the custody of a United States Marshal. The 
Marshal shall supervise implementation of the sentence in the manner 
prescribed by the law of a State designated by the court. The Marshal 
may use State or local facilities, may use the services of an 
appropriate State or local official or of a person such an official 
employs, and shall pay the costs thereof in an amount approved by the 
Attorney General.
    ``(o) Special Bar to Execution.--A sentence of death shall not be 
carried out upon a woman while she is pregnant.
    ``(p) Conscientious Objection to Participation in Execution.--No 
employee of any State department of corrections, the United States 
Marshals Service, or the Federal Bureau of Prisons, and no person 
providing services to that department, service, or bureau under 
contract shall be required, as a condition of that employment or 
contractual obligation, to be in attendance at or to participate in any 
execution carried out under this section if such participation is 
contrary to the moral or religious convictions of the employee. For 
purposes of this subsection, the term `participate in any execution' 
includes personal preparation of the condemned individual and the 
apparatus used for the execution, and supervision of the activities of 
other personnel in carrying out such activities.
    ``(q) Appointment of Counsel for Indigent Capital Defendants.--A 
defendant against whom a sentence of death is sought, or on whom a 
sentence of death has been imposed, under this section, shall be 
entitled to appointment of counsel from the commencement of trial 
proceedings until one of the conditions specified in subsection (v) has 
occurred, if the defendant is or becomes financially unable to obtain 
adequate representation. Counsel shall be appointed for trial 
representation as provided in section 3005, and at least 1 counsel so 
appointed shall continue to represent the defendant until the 
conclusion of direct review of the judgment, unless replaced by the 
court with other qualified counsel. Except as otherwise provided in 
this section, the provisions of section 3006A shall apply to 
appointments under this section.
    ``(r) Representation After Finality of Judgment.--When a judgment 
imposing a sentence of death under this section has become final 
through affirmance by the Supreme Court on direct review, denial of 
certiorari by the Supreme Court on direct review, or expiration of the 
time for seeking direct review in the court of appeals or the Supreme 
Court, the government shall promptly notify the court that imposed the 
sentence. The court, within 10 days of receipt of such notice, shall 
proceed to make determination whether the defendant is eligible for 
appointment of counsel for subsequent proceedings. The court shall 
issue an order appointing one or more counsel to represent the 
defendant upon a finding that the defendant is financially unable to 
obtain adequate representation and wishes to have counsel appointed or 
is unable competently to decide whether to accept or reject appointment 
of counsel. The court shall issue an order denying appointment of 
counsel upon a finding that the defendant is financially able to obtain 
adequate representation or that the defendant rejected appointment of 
counsel with an understanding of the consequences of that decision. 
Counsel appointed pursuant to this subsection shall be different from 
the counsel who represented the defendant at trial and on direct review 
unless the defendant and counsel request a continuation or renewal of 
the earlier representation.
    ``(s) Standards for Competence of Counsel.--In relation to a 
defendant who is entitled to appointment of counsel under subsections 
(q) and (r), at least 1 counsel appointed for trial representation must 
have been admitted to the bar for at least 5 years and have at least 3 
years of experience in the trial of felony cases in the Federal 
district courts. If new counsel is appointed after judgment, at least 1 
counsel so appointed must have been admitted to the bar for at least 5 
years and have at least 3 years of experience in the litigation of 
felony cases in the Federal courts of appeals or the Supreme Court. The 
court, for good cause, may appoint counsel who does not meet these 
standards, but whose background, knowledge, or experience would 
otherwise enable him or her to properly represent the defendant, with 
due consideration of the seriousness of the penalty and the nature of 
the litigation.
    ``(t) Claims of Ineffectiveness of Counsel in Collateral 
Proceedings.--The ineffectiveness or incompetence of counsel during 
proceedings on a motion under section 2255 of title 28 in a case under 
this section shall not be a ground for relief from the judgment or 
sentence in any proceeding. This limitation shall not preclude the 
appointment of different counsel at any stage of the proceedings.
    ``(u) Time for Collateral Attack on Death Sentence.--A motion under 
section 2255 of title 28 attacking a sentence of death under this 
section, or the conviction on which it is predicated, must be filed 
within 90 days of the issuance of the order under subsection (r) 
appointing or denying the appointment of counsel for such proceedings. 
The court in which the motion is filed, for good cause shown, may 
extend the time for filing for a period not exceeding 60 days. Such a 
motion shall have priority over all noncapital matters in the district 
court, and in the court of appeals on review of the district court's 
decision.
    ``(v) Stay of Execution.--The execution of a sentence of death 
under this section shall be stayed in the course of direct review of 
the judgment and during the litigation of an initial motion in the case 
under section 2255 of title 28. The stay shall run continuously 
following imposition of the sentence and shall expire if--
            ``(1) the defendant fails to file a motion under section 
        2255 of title 28 within the time specified in subsection (u), 
        or fails to make a timely application for court of appeals 
        review following the denial of such a motion by a district 
        court;
            ``(2) upon completion of district court and court of 
        appeals review under section 2255 of title 28 the Supreme Court 
        disposes of a petition for certiorari in a manner that leaves 
        the capital sentence undisturbed, or the defendant fails to 
        file a timely petition for certiorari; or
            ``(3) before a district court, in the presence of counsel 
        and after having been advised of the consequences of such a 
        decision, the defendant waives the right to file a motion under 
        section 2255 of title 28.
    ``(w) Finality of the Decision on Review.--If one of the conditions 
specified in subsection (v) has occurred, no court thereafter shall 
have the authority to enter a stay of execution or grant relief in the 
case unless--
            ``(1) the basis for the stay and request for relief is a 
        claim not presented in earlier proceedings;
            ``(2) the failure to raise the claim is the result of 
        governmental action in violation of the Constitution or laws of 
        the United States, the result of the Supreme Court's 
        recognition of a new Federal right that is retroactively 
        applicable, or the result of the fact that the factual 
        predicate of the claim could not have been discovered through 
        the exercise of reasonable diligence in time to present the 
        claim in earlier proceedings; and
            ``(3) the facts underlying the claim would be sufficient, 
        if proven, to undermine the court's confidence in the 
        determination of guilt on the offense or offenses for which the 
        death penalty was imposed.
    ``(x) Definitions.--In this section--
            ```arson' means damaging or destroying a building or 
        structure through the use of fire or explosives.
            ```burglary' means entering or remaining in a building or 
        structure in violation of the law of the District of Columbia, 
        another State, or the United States, with the intent to commit 
        an offense in the building or structure.
            ```drug trafficking activity' means a drug trafficking 
        crime (as defined in section 929(a)(2)) or a pattern or series 
        of acts involving 1 or more drug trafficking crimes.
            ```kidnapping' means seizing, confining, or abducting a 
        person, or transporting a person without his or her consent.
            ```offense', as used in paragraphs (2), (5), and (13) of 
        subsection (e) and in this subsection, means an offense under 
        the law of the District of Columbia, another State, or the 
        United States.
            ```pre-trial release', `probation', `parole', `supervised 
        release', and `other post-conviction conditional release', as 
        used in subsection (e)(6), mean any such release, imposed in 
        relation to a charge or conviction for an offense under the law 
        of the District of Columbia, another State, or the United 
        States.
            ```public servant' means an employee, agent, officer, or 
        official of the District of Columbia, another State, or the 
        United States, or an employee, agent, officer, or official of a 
        foreign government who is within the scope of section 1116.
            ```robbery' means obtaining the property of another by 
        force or threat of force.
            ```sexual abuse' means any conduct proscribed by chapter 
        109A, whether or not the conduct occurs in the special maritime 
        and territorial jurisdiction of the United States.
            ```State' has the meaning stated in section 513, including 
        the District of Columbia.
    ``(y) Joinder of Charges.--When an offense is charged under this 
section, the government may join any charge under the District of 
Columbia Code that arises from the same incident.''.
    (b) Technical Amendment.--The chapter analysis for chapter 51 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

``1118. Capital punishment for murders in the District of Columbia.''.

                     Subtitle B--Equal Justice Act

SEC. 651. SHORT TITLE.

    This subtitle may be cited as the ``Equal Justice Act''.

SEC. 652. PROHIBITION OF RACIALLY DISCRIMINATORY POLICIES CONCERNING 
              CAPITAL PUNISHMENT OR OTHER PENALTIES.

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

SEC. 653. GENERAL SAFEGUARDS AGAINST RACIAL PREJUDICE OR BIAS IN THE 
              TRIBUNAL.

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

SEC. 654. FEDERAL CAPITAL CASES.

    (a) Jury Instructions and Certification.--In a prosecution for an 
offense against the United States in which a sentence of death is 
sought, and in which the capital sentencing determination is to be made 
by a jury, the judge shall instruct the jury that it is not to be 
influenced by prejudice or bias relating to the race or color of the 
defendant or victim in considering whether a sentence of death is 
justified, and that the jury is not to recommend the imposition of a 
sentence of death unless it has concluded that it would recommend the 
same sentence for such a crime regardless of the race or color of the 
defendant or victim. Upon the return of a recommendation of a sentence 
of death, the jury shall also return a certificate, signed by each 
juror, that the juror's individual decision was not affected by 
prejudice or bias relating to the race or color of the defendant or 
victim, and that the individual juror would have made the same 
recommendation regardless of the race or color of the defendant or 
victim.
    (b) Racially Motivated Killings.--In a prosecution for an offense 
against the United States for which a sentence of death is authorized, 
the fact that the killing of the victim was motivated by racial 
prejudice or bias shall be deemed an aggravating factor whose existence 
permits consideration of the death penalty, in addition to any other 
aggravating factors that may be specified by law as permitting 
consideration of the death penalty.

SEC. 655. EXTENSION OF PROTECTION OF CIVIL RIGHTS STATUTES.

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

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

SEC. 661. SMUGGLING FIREARMS IN AID OF DRUG TRAFFICKING.

    Section 924 of title 18, United States Code, as amended by section 
136, is amended by adding at the end the following new subsection:
    ``(j) Whoever, with the intent to engage in or to promote conduct 
that--
            ``(1) is punishable under the Controlled Substances Act (21 
        U.S.C. 801 et seq.), the Controlled Substances Import and 
        Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law 
        Enforcement Act (46 U.S.C. App. 1901 et seq.);
            ``(2) violates any law of a State relating to any 
        controlled substance (as defined in section 102 of the 
        Controlled Substances Act (21 U.S.C. 802)); or
            ``(3) constitutes a crime of violence (as defined in 
        subsection (c)(3) of this section),
smuggles or knowingly brings into the United States a firearm, or 
attempts to do so, shall be imprisoned not more than 10 years, fined 
under this title, or both.''.

SEC. 662. PROHIBITION AGAINST THEFT OF FIREARMS OR EXPLOSIVES.

    (a) Firearms.--Section 924 of title 18, United States Code, is 
amended by adding at the end the following new subsection:
    ``(j) Whoever steals any firearm which is moving as, or is a part 
of, or which has moved in, interstate or foreign commerce shall be 
imprisoned not more than 10 years, fined in accordance with this title, 
or both.''.
    (b) Explosives.--Section 844 of title 18, United States Code, is 
amended by adding at the end the following new subsection:
    ``(j) Whoever steals any explosive materials which are moving as, 
or are a part of, or which have moved in, interstate or foreign 
commerce shall be imprisoned not more than 10 years, fined in 
accordance with this title, or both.''.

SEC. 663. INCREASED PENALTY FOR KNOWINGLY FALSE, MATERIAL STATEMENT IN 
              CONNECTION WITH THE ACQUISITION OF A FIREARM FROM A 
              LICENSED DEALER.

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

SEC. 664. SUMMARY DESTRUCTION OF EXPLOSIVES SUBJECT TO FORFEITURE.

    Section 844(c) of title 18, United States Code, is amended--
            (1) by inserting ``(1)'' before ``Any''; and
            (2) by adding at the end the following new paragraphs:
    ``(2) Notwithstanding paragraph (1), in the case of the seizure of 
any explosive materials for any offense for which the materials would 
be subject to forfeiture where it is impracticable or unsafe to remove 
the materials to a place of storage, or where it is unsafe to store 
them, the seizing officer may destroy the explosive materials 
forthwith. Any destruction under this paragraph shall be in the 
presence of at least one credible witness. The seizing officer shall 
make a report of the seizure and take samples as the Secretary may by 
regulation prescribe.
    ``(3) Within 60 days after any destruction made pursuant to 
paragraph (2), the owner of, including any person having an interest 
in, the property so destroyed may make application to the Secretary for 
reimbursement of the value of the property. If the claimant establishes 
to the satisfaction of the Secretary that--
            ``(A) the property has not been used or involved in a 
        violation of law; or
            ``(B) any unlawful involvement or use of the property was 
        without the claimant's knowledge, consent, or willful 
        blindness,
the Secretary shall make an allowance to the claimant not exceeding the 
value of the property destroyed.''.

SEC. 665. ELIMINATION OF OUTMODED LANGUAGE RELATING TO PAROLE.

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

SEC. 666. RECEIPT OF FIREARMS BY NONRESIDENT.

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

SEC. 667. PROHIBITION OF THEFT OF FIREARMS OR EXPLOSIVES FROM LICENSEE.

    (a) Firearms.--Section 924 of title 18, United States Code, as 
amended by section 402(a), is amended by adding at the end the 
following new subsection:
    ``(k) Whoever steals any firearm from a licensed importer, licensed 
manufacturer, licensed dealer, or licensed collector shall be fined in 
accordance with this title, imprisoned not more than 10 years, or 
both.''.
    (b) Explosives.--Section 844 of title 18, United States Code, as 
amended by section 402(b), is amended by adding at the end the 
following new subsection:
    ``(k) Whoever steals any explosive material from a licensed 
importer, licensed manufacturer, licensed dealer, or permittee shall be 
fined in accordance with this title, imprisoned not more than 10 years, 
or both.''.

SEC. 668. INCREASED PENALTY FOR INTERSTATE GUN TRAFFICKING.

    Section 924 of title 18, United States Code, as amended by section 
407(a), is amended by adding at the end the following new subsection:
    ``(l) Whoever, with the intent to engage in conduct that 
constitutes a violation of section 922(a)(1)(A), travels from any State 
or foreign country into any other State and acquires, or attempts to 
acquire, a firearm in such other State in furtherance of such purpose 
shall be imprisoned for not more than 10 years.''.

SEC. 669. PROHIBITION OF TRANSACTIONS INVOLVING STOLEN FIREARMS WHICH 
              HAVE MOVED IN INTERSTATE OR FOREIGN COMMERCE.

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

SEC. 670. POSSESSION OF EXPLOSIVES BY FELONS AND OTHERS.

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

SEC. 671. DISPOSITION OF FORFEITED FIREARMS.

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

SEC. 672. DEFINITION OF BURGLARY UNDER THE ARMED CAREER CRIMINAL 
              STATUTE.

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

                     Subtitle D--Exclusionary Rule

SEC. 681. ADMISSIBILITY OF CERTAIN EVIDENCE.

    (a) In General.--Chapter 223 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 3509. Admissibility of evidence obtained by search or seizure
    ``(a) Evidence Obtained by Objectively Reasonable Search or 
Seizure.--Evidence that is obtained as a result of a search or seizure 
shall not be excluded in a proceeding in a court of the United States 
on the ground that the search or seizure was in violation of the fourth 
amendment to the Constitution of the United States, if the search or 
seizure was carried out in circumstances justifying an objectively 
reasonable belief that it was in conformity with the fourth amendment. 
The fact that evidence was obtained pursuant to and within the scope of 
a warrant constitutes prima facie evidence of the existence of such 
circumstances.
    ``(b) Evidence Not Excludable by Statute or Rule.--Evidence shall 
not be excluded in a proceeding in a court of the United States on the 
ground that it was obtained in violation of a statute, an 
administrative rule or regulation, or a rule of procedure unless 
exclusion is expressly authorized by statute or by a rule prescribed by 
the Supreme Court pursuant to statutory authority.
    ``(c) Rule of Construction.--This section shall not be construed to 
require or authorize the exclusion of evidence in any proceeding.''.
    (b) Technical Amendment.--The chapter analysis for chapter 223 of 
title 28, United States Code, is amended by adding at the end the 
following new item:

``3509. Admissibility of evidence obtained by search or seizure.''.

                  Subtitle E--Pre-Trial Interrogation

SEC. 691. PRE-TRIAL INTERROGATION.

    It is the sense of the Congress that the Attorney General shall 
instruct all United States Attorneys, and implement policies consistent 
therewith, that confessions obtained in conformity with section 3501 of 
title 18, United States Code will be offered into evidence.

       TITLE VII--ELIMINATION OF DELAYS IN CARRYING OUT SENTENCES

                Subtitle A--General Habeas Corpus Reform

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Habeas Corpus Reform Act of 
1993''.

SEC. 702. PERIOD OF LIMITATION.

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

SEC. 703. APPEAL.

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

SEC. 704. AMENDMENT OF FEDERAL RULES OF APPELLATE PROCEDURE.

  Rule 22 of the Federal Rules of Appellate Procedure is amended to 
read as follows:
``Rule 22. Habeas corpus and section 2255 proceedings
    ``(a) Application for an Original Writ of Habeas Corpus.--An 
application for a writ of habeas corpus shall be made to the 
appropriate district court. If application is made to a circuit judge, 
the application will ordinarily be transferred to the appropriate 
district court. If an application is made to or transferred to the 
district court and denied, renewal of the application before a circuit 
judge is not favored; the proper remedy is by appeal to the court of 
appeals from the order of the district court denying the writ.
    ``(b) Necessity of Certificate of Probable Cause for Appeal.--In a 
habeas corpus proceeding in which the detention complained of arises 
out of process issued by a State court, and in a motion proceeding 
pursuant to section 2255 of title 28, United States Code, an appeal by 
the applicant or movant may not proceed unless a circuit judge issues a 
certificate of probable cause. If a request for a certificate of 
probable cause is addressed to the court of appeals, it shall be deemed 
addressed to the judges thereof and shall be considered by a circuit 
judge or judges as the court deems appropriate. If no express request 
for a certificate is filed, the notice of appeal shall be deemed to 
constitute a request addressed to the judges of the court of appeals. 
If an appeal is taken by a State or the Government or its 
representative, a certificate of probable cause is not required.''.

SEC. 705. SECTION 2254 AMENDMENTS.

    Section 2254 of title 28, United States Code, is amended--
            (1) by amending subsection (b) to read as follows:
    ``(b) An application for a writ of habeas corpus in behalf of a 
person in custody pursuant to the judgment of a State court shall not 
be granted unless it appears that the applicant has exhausted the 
remedies available in the courts of the State, or that there is either 
an absence of available State corrective process or the existence of 
circumstances rendering such process ineffective to protect the rights 
of the applicant. An application may be denied on the merits 
notwithstanding the failure of the applicant to exhaust the remedies 
available in the courts of the State.'';
            (2) by redesignating subsections (d), (e), and (f) as 
        subsections (e), (f), and (g), respectively;
            (3) by inserting after subsection (c) the following new 
        subsection:
    ``(d) An application for a writ of habeas corpus in behalf of a 
person in custody pursuant to the judgment of a State court shall not 
be granted with respect to any claim that has been fully and fairly 
adjudicated in State proceedings.'';
            (4) by amending subsection (e), as redesignated by 
        paragraph (2), to read as follows:
    ``(e) In a proceeding instituted by an application for a writ of 
habeas corpus by a person in custody pursuant to the judgment of a 
State court, a full and fair determination of a factual issue made in 
the case by a State court shall be presumed to be correct. The 
applicant shall have the burden of rebutting this presumption by clear 
and convincing evidence.''; and
            (5) by adding at the end the following new subsection:
    ``(h) In all proceedings brought under this section, and any 
subsequent proceedings on review, appointment of counsel for a 
petitioner who is or becomes financially unable to afford counsel shall 
be in the discretion of the court, except as provided by a rule 
promulgated by the Supreme Court pursuant to statutory authority. 
Appointment of counsel under this section shall be governed by section 
3006A of title 18, United States Code.''.

SEC. 706. SECTION 2255 AMENDMENTS.

    Section 2255 of title 28, United States Code, is amended--
            (1) by striking the second paragraph and the penultimate 
        paragraph; and
            (2) by adding at the end the following new paragraphs:
    ``A two-year period of limitation shall apply to a motion under 
this section. The limitation period shall run from the latest of--
            ``(1) the time at which the judgment of conviction becomes 
        final;
            ``(2) the time at which the impediment to making a motion 
        created by governmental action in violation of the Constitution 
        or laws of the United States is removed, where the movant was 
        prevented from making a motion by such governmental action;
            ``(3) the time at which the right asserted was initially 
        recognized by the Supreme Court, where the right has been newly 
        recognized by the Court and is retroactively applicable; or
            ``(4) the time at which the factual predicate of the claim 
        or claims presented could have been discovered through the 
        exercise of reasonable diligence.
    ``In all proceedings brought under this section, and any subsequent 
proceedings on review, appointment of counsel for a movant who is or 
becomes financially unable to afford counsel shall be in the discretion 
of the court, except as provided by a rule promulgated by the Supreme 
Court pursuant to statutory authority. Appointment of counsel under 
this section shall be governed by section 3006A of title 18, United 
States Code.''.

            Subtitle B--Death Penalty Litigation Procedures

SEC. 711. SHORT TITLE.

    This subtitle may be cited as the ``Death Penalty Litigation 
Procedures Act of 1993''.

SEC. 712. DEATH PENALTY LITIGATION PROCEDURES.

    (a) Addition of Chapter to Title 28, United States Code.--Title 28, 
United States Code, is amended by inserting after chapter 153 the 
following new chapter:

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

``Sec.
``2256. Prisoners in State custody subject to capital sentence; 
                            appointment of counsel; requirement of rule 
                            of court or statute; procedures for 
                            appointment.
``2257. Mandatory stay of execution; duration; limits on stays of 
                            execution; successive petitions.
``2258. Filing of habeas corpus petition; time requirements; tolling 
                            rules.
``2259. Evidentiary hearings; scope of Federal review; district court 
                            adjudication.
``2260. Certificate of probable cause inapplicable.
``2261. Application to state unitary review procedures.
``2262. Limitation periods for determining petitions.
``2263. Rule of construction.
``Sec. 2256. Prisoners in State custody subject to capital sentence; 
              appointment of counsel; requirement of rule of court or 
              statute; procedures for appointment
    ``(a) Application of Chapter.--This chapter shall apply to cases 
arising under section 2254 brought by prisoners in State custody who 
are subject to a capital sentence. It shall apply only if the 
provisions of subsections (b) and (c) are satisfied.
    ``(b) Establishment of Appointment Mechanism.--This chapter is 
applicable if a State establishes by rule of its court of last resort 
or by statute a mechanism for the appointment, compensation and payment 
of reasonable litigation expenses of competent counsel in State 
postconviction proceedings brought by indigent prisoners whose capital 
convictions and sentences have been upheld on direct appeal to the 
court of last resort in the State or have otherwise become final for 
State law purposes. The rule of court or statute must provide standards 
of competency for the appointment of such counsel.
    ``(c) Offer of Counsel.--Any mechanism for the appointment, 
compensation and reimbursement of counsel as provided in subsection (b) 
must offer counsel to all State prisoners under capital sentence and 
must provide for the entry of an order by a court of record--
            ``(1) appointing 1 or more counsel to represent the 
        prisoner upon a finding that the prisoner is indigent and 
        accepted the offer or is unable competently to decide whether 
        to accept or reject the offer;
            ``(2) finding, after a hearing if necessary, that the 
        prisoner rejected the offer of counsel and made the decision 
        with an understanding of its legal consequences; or
            ``(3) denying the appointment of counsel upon a finding 
        that the prisoner is not indigent.
    ``(d) Previous Representation.--No counsel appointed pursuant to 
subsections (b) and (c) to represent a State prisoner under capital 
sentence shall have previously represented the prisoner at trial or on 
direct appeal in the case for which the appointment is made unless the 
prisoner and counsel expressly request continued representation.
    ``(e) No Ground for Relief.--The ineffectiveness or incompetence of 
counsel during State or Federal collateral postconviction proceedings 
in a capital case shall not be a ground for relief in a proceeding 
arising under section 2254. This limitation shall not preclude the 
appointment of different counsel, on the court's own motion or at the 
request of the prisoner, at any phase of State or Federal 
postconviction proceedings on the basis of the ineffectiveness or 
incompetence of counsel in such proceedings.
``Sec. 2257. Mandatory stay of execution; duration; limits on stays of 
              execution; successive petitions
    ``(a) Stay.--Upon the entry in the appropriate State court of 
record of an order under section 2256(c), a warrant or order setting an 
execution date for a State prisoner shall be stayed upon application to 
any court that would have jurisdiction over any proceedings filed under 
section 2254. The application must recite that the State has invoked 
the postconviction review procedures of this chapter and that the 
scheduled execution is subject to stay.
    ``(b) Expiration of Stay.--A stay of execution granted pursuant to 
subsection (a) shall expire if--
            ``(1) a State prisoner fails to file a habeas corpus 
        petition under section 2254 within the time required in section 
        2258, or fails to make a timely application for court of 
        appeals review following the denial of such a petition by a 
        district court;
            ``(2) upon completion of district court and court of 
        appeals review under section 2254 the petition for relief is 
        denied and--
                    ``(A) the time for filing a petition for certiorari 
                has expired and no petition has been filed;
                    ``(B) a timely petition for certiorari was filed 
                and the Supreme Court denied the petition; or
                    ``(C) a timely petition for certiorari was filed 
                and upon consideration of the case, the Supreme Court 
                disposed of it in a manner that left the capital 
                sentence undisturbed; or
            ``(3) before a court of competent jurisdiction, in the 
        presence of counsel and after having been advised of the 
        consequences of his decision, a State prisoner under capital 
        sentence waives the right to pursue habeas corpus review under 
        section 2254.
    ``(c) Limitation on Further Stay.--If one of the conditions in 
subsection (b) has occurred, no Federal court thereafter shall have the 
authority to enter a stay of execution or grant relief in a capital 
case unless--
            ``(1) the basis for the stay and request for relief is a 
        claim not previously presented in the State or Federal courts;
            ``(2) the failure to raise the claim is--
                    ``(A) the result of State action in violation of 
                the Constitution or laws of the United States;
                    ``(B) the result of the Supreme Court recognition 
                of a new Federal right that is retroactively 
                applicable; or
                    ``(C) based on a factual predicate that could not 
                have been discovered through the exercise of reasonable 
                diligence in time to present the claim for State or 
                Federal postconviction review; and
            ``(3) the facts underlying the claim would be sufficient, 
        if proven, to undermine the court's confidence in the 
        determination of guilt on the offense or offenses for which the 
        death penalty was imposed.
``Sec. 2258. Filing of habeas corpus petition; time requirements; 
              tolling rules
    ``Any petition for habeas corpus relief under section 2254 must be 
filed in the appropriate district court within 180 days from the filing 
in the appropriate State court of record of an order under section 
2256(c). The time requirements established by this section shall be 
tolled--
            ``(1) from the date that a petition for certiorari is filed 
        in the Supreme Court until the date of final disposition of the 
        petition if a State prisoner files the petition to secure 
        review by the Supreme Court of the affirmance of a capital 
        sentence on direct review by the court of last resort of the 
        State or other final State court decision on direct review;
            ``(2) during any period in which a State prisoner under 
        capital sentence has a properly filed request for 
        postconviction review pending before a State court of competent 
        jurisdiction; if all State filing rules are met in a timely 
        manner, this period shall run continuously from the date that 
        the State prisoner initially files for postconviction review 
        until final disposition of the case by the highest court of the 
        State, but the time requirements established by this section 
        are not tolled during the pendency of a petition for certiorari 
        before the Supreme Court except as provided in paragraph (1); 
        and
            ``(3) during an additional period not to exceed 60 days, 
        if--
                    ``(A) a motion for an extension of time is filed in 
                the Federal district court that would have proper 
                jurisdiction over the case upon the filing of a habeas 
                corpus petition under section 2254; and
                    ``(B) a showing of good cause is made for the 
                failure to file the habeas corpus petition within the 
                time period established by this section.
``Sec. 2259. Evidentiary hearings; scope of Federal review; district 
              court adjudication
    ``(a) Review of Record; Hearing.--Whenever a State prisoner under a 
capital sentence files a petition for habeas corpus relief to which 
this chapter applies, the district court shall--
            ``(1) determine the sufficiency of the record for habeas 
        corpus review based on the claims actually presented and 
        litigated in the State courts except when the prisoner can show 
        that the failure to raise or develop a claim in the State 
        courts is--
                    ``(A) the result of State action in violation of 
                the Constitution or laws of the United States;
                    ``(B) the result of the Supreme Court recognition 
                of a new Federal right that is retroactively 
                applicable; or
                    ``(C) based on a factual predicate that could not 
                have been discovered through the exercise of reasonable 
                diligence in time to present the claim for State 
                postconviction review; and
            ``(2) conduct any requested evidentiary hearing necessary 
        to complete the record for habeas corpus review.
    ``(b) Adjudication.--Upon the development of a complete evidentiary 
record, the district court shall rule on the claims that are properly 
before it, but the court shall not grant relief from a judgment of 
conviction or sentence on the basis of any claim that was fully and 
fairly adjudicated in State proceedings.
``Sec. 2260. Certificate of probable cause inapplicable
    ``The requirement of a certificate of probable cause in order to 
appeal from the district court to the court of appeals does not apply 
to habeas corpus cases subject to this chapter except when a second or 
successive petition is filed.
``Sec. 2261. Application to State unitary review procedure
    ``(a) In General.--For purposes of this section, the term `unitary 
review procedure' means a State procedure that authorizes a person 
under sentence of death to raise, in the course of direct review of the 
judgment, such claims as could be raised on collateral attack. This 
chapter shall apply, as provided in this section, in relation to a 
State unitary review procedure if the State establishes by rule of its 
court of last resort or by statute a mechanism for the appointment, 
compensation, and payment of reasonable litigation expenses of 
competent counsel in the unitary review proceedings, including expenses 
relating to the litigation of collateral claims in the proceedings. The 
rule of court or statute must provide standards of competency for the 
appointment of such counsel.
    ``(b) Offer of Counsel.--A unitary review procedure, to qualify 
under this section, must include an offer of counsel following trial 
for the purpose of representation on unitary review, and entry of an 
order, as provided in section 2256(c), concerning appointment of 
counsel or waiver or denial of appointment of counsel for that purpose. 
No counsel appointed to represent the prisoner in the unitary review 
proceedings shall have previously represented the prisoner at trial in 
the case for which the appointment is made unless the prisoner and 
counsel expressly request continued representation.
    ``(c) Application of Other Sections.--Sections 2257, 2258, 2259, 
2260, and 2262 shall apply in relation to cases involving a sentence of 
death from any State having a unitary review procedure that qualifies 
under this section. References to State `post-conviction review' and 
`direct review' in those sections shall be understood as referring to 
unitary review under the State procedure. The references in sections 
2257(a) and 2258 to `an order under section 2256(c)' shall be 
understood as referring to the post-trial order under subsection (b) 
concerning representation in the unitary review proceedings, but if a 
transcript of the trial proceedings is unavailable at the time of the 
filing of such an order in the appropriate State court, the start of 
the 180-day limitation period under section 2258 shall be deferred 
until a transcript is made available to the prisoner or the prisoner's 
counsel.
``Sec. 2262. Limitation periods for determining petitions
    ``(a) In General.--The adjudication of any petition under section 
2254 that is subject to this chapter, and the adjudication of any 
motion under section 2255 by a person under sentence of death, shall be 
given priority by the district court and by the court of appeals over 
all noncapital matters. The adjudication of such a petition or motion 
shall be subject to the following time limitations:
            ``(1) A Federal district court shall determine such a 
        petition or motion within 110 days of filing.
            ``(2)(A) The court of appeals shall hear and determine any 
        appeal relating to such a petition or motion within 90 days 
        after the notice of appeal is filed.
            ``(B) The court of appeals shall decide any application for 
        rehearing en banc within 20 days of the filing of the 
        application unless a responsive pleading is required, in which 
        case the court of appeals shall decide the application within 
        20 days of the filing of the responsive pleading. If en banc 
        consideration is granted, the en banc court shall determine the 
        appeal within 90 days of the decision to grant such 
        consideration.
            ``(3) The Supreme Court shall act on any application for a 
        writ of certiorari relating to such a petition or motion within 
        90 days after the application is filed.
    ``(b) Application of Section.--The time limitations under 
subsection (a) shall apply to an initial petition or motion, and to any 
second or successive petition or motion. The same limitations shall 
also apply to the redetermination of a petition or motion or related 
appeal following a remand by the court of appeals or the Supreme Court 
for further proceedings, and in such a case the limitation period shall 
run from the date of the remand.
    ``(c) Rule of Construction.--The time limitations under this 
section shall not be construed to entitle a petitioner or movant to a 
stay of execution, to which the petitioner or movant would otherwise 
not be entitled, for the purpose of litigating any petition, motion, or 
appeal.
    ``(d) No Ground for Relief.--The failure of a court to meet or 
comply with the time limitations under this section shall not be a 
ground for granting relief from a judgment of conviction or sentence. 
The State or Government may enforce the time limitations under this 
section by applying to the court of appeals or the Supreme Court for a 
writ of mandamus.
    ``(e) Report.--The Administrative Office of the United States 
Courts shall report annually to Congress on the compliance by the 
courts with the time limits established in this section.
``Sec. 2263. Rule of construction
    ``This chapter shall be construed to promote the expeditious 
conduct and conclusion of State and Federal court review in capital 
cases.''.
    (b) Technical Amendment.--The part analysis for part IV of title 
28, United States Code, is amended by adding after the item relating to 
chapter 153 the following new item:

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

  Subtitle C--Equalization of Capital Habeas Corpus Litigation Funding

SEC. 721. FUNDING FOR DEATH PENALTY PROSECUTIONS.

    Part E of title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3711 et seq.) is amended by inserting after section 
511 the following new section:

                ``funding for death penalty prosecutions

    ``Sec. 511A. Notwithstanding any other provision of this part, the 
Director shall provide grants to the States, from the funding allocated 
pursuant to section 511, for the purpose of supporting litigation 
pertaining to Federal habeas corpus petitions in capital cases. The 
total funding available for such grants within any fiscal year shall be 
equal to the funding provided to capital resource centers, pursuant to 
Federal appropriation, in the same fiscal year.''.

                  TITLE VIII--PREVENTION OF TERRORISM

                   Subtitle A--Penalties and Offenses

SEC. 801. PROVIDING MATERIAL SUPPORT TO TERRORISM.

    (a) Offense.--Chapter 113A of title 18, United States Code, as 
amended by section 631(b), is amended by adding the following new 
section:
``Sec. 2339A. Providing material support to terrorists
    ``A person who, within the United States, provides material support 
or resources or conceals or disguises the nature, location, source, or 
ownership of material support or resources, knowing or intending that 
they are to be used to facilitate a violation of section 32, 36, 351, 
844(f) or (i), 1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281, 2331, or 
2339 of this title, or section 902(i) of the Federal Aviation Act of 
1958, as amended (49 U.S.C. App. 1472(i)), or to facilitate the 
concealment or an escape from the commission of any of the foregoing, 
shall be fined under this title, imprisoned not more than 10 years, or 
both. For purposes of this section, material support or resources shall 
include, but not be limited to, currency or other financial securities, 
lodging, training, safehouses, false documentation or identification, 
communications equipment, facilities, weapons, lethal substances, 
explosives, personnel, transportation, and other physical assets.''.
    (b) Technical Amendment.--The chapter analysis for chapter 113A of 
title 18, United States Code, as amended by section 631(c), is amended 
by adding the following new item:

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

SEC. 802. ENHANCED PENALTIES FOR CERTAIN OFFENSES.

    (a) International Emergency Economic Powers Act.--Section 206 of 
the International Emergency Economic Powers Act (50 U.S.C. 1705) is 
amended--
            (1) in subsection (a) by striking ``$10,000'' and inserting 
        ``$50,000''; and
            (2) in subsection (b) by striking ``$50,000'' and inserting 
        ``$1,000,000''.
    (b) Passports and Visas.--(1) Section 1541 of title 18, United 
States Code, is amended--
            (A) by striking ``$500'' and inserting ``$250,000''; and
            (B) by striking ``one year'' and inserting ``5 years''.
    (2) Sections 1542, 1543, 1544 and 1546 of title 18, United States 
Code, are each amended--
            (A) by striking ``$2,000'' and inserting ``$250,000''; and
            (B) by striking ``five years'' and inserting ``10 years''.
    (3) Section 1545 of title 18, United States Code, is amended--
            (A) by striking ``$2,000'' and inserting $250,000''; and
            (B) by striking ``three years'' and inserting ``10 years''.

SEC. 803. SENTENCING GUIDELINES INCREASE FOR TERRORIST CRIMES.

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

SEC. 804. EXTENSION OF THE STATUTE OF LIMITATIONS FOR CERTAIN TERRORISM 
              OFFENSES.

    (a) Offense.--Chapter 213 of title 18, United States Code, is 
amended by inserting after section 2385 the following new section:
``Sec. 3286. Extension of statute of limitations for certain terrorism 
              offenses
    ``Notwithstanding section 3282, no person shall be prosecuted, 
tried, or punished for any offense involving a violation of section 32 
(aircraft destruction), section 36 (airport violence), section 112 
(assaults upon diplomats), section 351 (crimes against Congressmen or 
Cabinet officers), section 1116 (crimes against diplomats), section 
1203 (hostage taking), section 1361 (willful injury to government 
property), section 1751 (crimes against the President), section 2280 
(maritime violence), section 2281 (maritime platform violence), section 
2331 (terrorist acts abroad against United States nationals), section 
2339 (use of weapons of mass destruction), or section 2340A (torture) 
of this title or section 902(i), (j), (k), (l), or (n) of the Federal 
Aviation Act of 1958, as amended (49 U.S.C. App. 1572(i), (j), (k), 
(l), or (n)), unless the indictment is found or the information is 
instituted within 10 years after such offense shall have been 
committed.''.
    (b) Technical Amendment.--The chapter analysis for chapter 213 of 
title 18, United States Code, is amended by inserting after the item 
for section 3285 the following new item:

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

SEC. 805. FORFEITURE OF ASSETS USED TO SUPPORT TERRORISTS.

    Section 982(a) of title 18, United States Code, is amended by 
adding at the end the following new paragraph:
            ``(5) Any property, real or personal--
                    ``(A) used or intended for use in committing or to 
                facilitate the concealment or an escape from the 
                commission of; or
                    ``(B) constituting or derived from the gross 
                profits or other proceeds obtained from,
        a violation of section 32, 36, 351, 844 (f) or (i), 1114, 1116, 
        1203, 1361, 1363, 1751, 2280, 2281, 2332, or 2339A of this 
        title or section 902(i) of the Federal Aviation Act of 1958 (49 
        U.S.C. 1472(i)).''.

SEC. 806. ALIEN WITNESS COOPERATION.

    (a) Amendment of Chapter 224 of Title 18.--Chapter 224 of title 18, 
United States Code, is amended--
            (1) by redesignating section 3528 as section 3529; and
            (2) by inserting after section 3527 the following new 
        section:
``Sec. 3528. Aliens; waiver of admission requirements
    ``(a) In General.--Upon authorizing protection to any alien under 
this chapter, the United States shall provide the alien with 
appropriate immigration visas and allow the alien to remain in the 
United States so long as that alien abides by all laws of the United 
States and guidelines, rules and regulations for protection. The 
Attorney General may determine that the granting of permanent resident 
status to such alien is in the public interest and necessary for the 
safety and protection of such alien without regard to the alien's 
admissibility under immigration or any other laws and regulations or 
the failure to comply with such laws and regulations pertaining to 
admissibility.
    ``(b) Alien With Felony Convictions.--Notwithstanding any other 
provision of this chapter, an alien who would not be excluded because 
of felony convictions shall be considered for permanent residence on a 
conditional basis for a period of 2 years. Upon a showing that the 
alien is still being provided protection, or that protection remains 
available to the alien in accordance with this chapter, or that the 
alien is still cooperating with the Government and has maintained good 
moral character, the Attorney General shall remove the conditional 
basis of the status effective as of the second anniversary of the 
alien's obtaining the status of admission for permanent residence. 
Permanent resident status shall not be granted to an alien who would be 
excluded because of felony convictions unless the Attorney General 
determines, pursuant to regulations which shall be prescribed by the 
Attorney General, that granting permanent residence status to the alien 
is necessary in the interests of justice and comports with safety of 
the community.
    ``(c) Limit on Number of Aliens.--The number of aliens and members 
of their immediate families entering the United States under the 
authority of this section shall in no case exceed 200 persons in any 
fiscal year. The decision to grant or deny permanent resident status 
under this section is at the discretion of the Attorney General and 
shall not be subject to judicial review.
    ``(d) Definitions.--As used in this section, the terms `alien' and 
`United States' have the meanings stated in section 101 of the 
Immigration and Nationality Act (8 U.S.C. 1101).''.
    (b) Technical Amendment.--The chapter analysis for chapter 224 of 
title 18, United States Code, is amended by striking the item relating 
to section 3528 and inserting the following:

``3528. Aliens; waiver of admission requirements.
``3529. Definition.''.

SEC. 807. TERRITORIAL SEA EXTENDING TO 12 MILES INCLUDED IN SPECIAL 
              MARITIME AND TERRITORIAL JURISDICTION.

    The Congress declares that all the territorial sea of the United 
States, as defined by Presidential Proclamation 5928 of December 27, 
1988, is part of the United States, subject to its sovereignty, and, 
for purposes of Federal criminal jurisdiction, is within the special 
maritime and territorial jurisdiction of the United States wherever 
that term is used in title 18, United States Code.

SEC. 808. ASSIMILATED CRIMES IN EXTENDED TERRITORIAL SEA.

    Section 13 of title 18, United States Code is amended--
            (1) in subsection (a), by inserting after ``title'' the 
        following: ``or on, above, or below any portion of the 
        territorial sea of the United States not within the territory 
        of any State, territory, possession, or district''; and
            (2) by inserting at the end the following new subsection:
    ``(c) Whenever any waters of the territorial sea of the United 
States lie outside the territory of any State, territory, possession, 
or district, such waters (including the airspace above and the seabed 
and subsoil below, and artificial islands and fixed structures erected 
thereon) shall be deemed for purposes of subsection (a) to lie within 
the area of the State, territory, possession, or district within which 
it would lie if the boundaries of the State, territory, possession, or 
district were extended seaward to the outer limit of the territorial 
sea of the United States.''.

SEC. 809. JURISDICTION OVER CRIMES AGAINST UNITED STATES NATIONALS ON 
              CERTAIN FOREIGN SHIPS.

    Section 7 of title 18, United States Code, is amended by inserting 
at the end the following new paragraph:
            ``(8) Any foreign vessel during a voyage having a scheduled 
        departure from or arrival in the United States with respect to 
        an offense committed by or against a national of the United 
        States.''.

SEC. 810. PENALTIES FOR INTERNATIONAL TERRORIST ACTS.

    Section 2332 of title 18, United States Code, as redesignated by 
section 601(a)(2), is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2) by striking ``ten'' and 
                inserting ``20''; and
                    (B) in paragraph (3) by striking ``three'' and 
                inserting ``10''; and
            (2) in subsection (c) by striking ``five'' and inserting 
        ``10''.

SEC. 811. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for each of fiscal years 
1994 and 1995, in addition to any other amounts specified in 
appropriations Acts, for counterterrorist operations and programs--
            (1) for the Federal Bureau of Investigation, $30,000,000;
            (2) for the Department of State, $10,000,000; and
            (3) for the Immigration and Naturalization Service, 
        $20,000,000.

SEC. 812. INTERNATIONAL PARENTAL KIDNAPPING.

    (a) In General.--Chapter 55 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1204. International parental kidnapping
    ``(a) Offense.--Whoever removes a child from the United States or 
retains a child (who has been in the United States) outside the United 
States with intent to obstruct the lawful exercise of parental rights 
shall be fined under this title, imprisoned not more than 3 years, or 
both.
    ``(b) Definitions.--As used in this section--
            ``(1) the term `child' means a person who has not attained 
        the age of 16 years; and
            ``(2) the term `parental rights', with respect to a child, 
        means the right to physical custody of the child--
                    ``(A) whether joint or sole (and includes visiting 
                rights); and
                    ``(B) whether arising by operation of law, court 
                order, or legally binding agreement of the parties.
    ``(c) Rule of Construction.--This section does not detract from The 
Hague Convention on the Civil Aspects of International Parental Child 
Abduction, done at The Hague on October 25, 1980.''.
    (b) Technical Amendment.--The chapter analysis for chapter 55 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

``1204. International parental kidnapping.''.

SEC. 813. FOREIGN MURDER OF UNITED STATES NATIONALS.

    (a) In General.--Chapter 51 of title 18, United States Code, as 
amended by section 141(a), is amended by adding at the end the 
following new section:
``Sec. 1120. Foreign murder of United States nationals
    ``(a)  Offense.--Whoever kills or attempts to kill a national of 
the United States while such national is outside the United States but 
within the jurisdiction of another country shall be punished as 
provided under sections 1111, 1112, and 1113.
    ``(b) Approval of Prosecution.--No prosecution may be instituted 
against any person under this section except upon the written approval 
of the Attorney General, the Deputy Attorney General, or an Assistant 
Attorney General, which function of approving prosecutions may not be 
delegated. No prosecution shall be approved if prosecution has been 
previously undertaken by a foreign country for the same act or 
omission.
    ``(c) Criteria for Approval.--No prosecution shall be approved 
under this section unless the Attorney General, in consultation with 
the Secretary of State, determines that the act or omission took place 
in a country in which the person is no longer present, and the country 
lacks the ability to lawfully secure the person's return. A 
determination by the Attorney General under this subsection is not 
subject to judicial review.
    ``(d) Assistance From Other Agencies.--In the course of the 
enforcement of this section and notwithstanding any other law, the 
Attorney General may request assistance from any Federal, State, local, 
or foreign agency, including the Army, Navy, and Air Force.
    ``(e) Definition.--As used in this section, the term `national of 
the United States' has the meaning stated in section 101(a)(22) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''.
    (b) Technical Amendments.--(1) Section 1117 of title 18, United 
States Code, is amended by striking ``or 1116'' and inserting ``1116, 
or 1120''.
    (2) The chapter analysis for chapter 51 of title 18, United States 
Code, as amended by section 141(b), is amended by adding at the end the 
following new item:

``1120. Foreign murder of United States nationals.''.

SEC. 814. EXTRADITION.

    (a) Scope.--Section 3181 of title 18, United States Code, is 
amended--
            (1) by inserting ``(a) In General.--'' before ``The 
        provisions of this chapter''; and
            (2) by adding at the end the following new subsections:
    ``(b) Surrender Without Regard to Existence of Extradition 
Treaty.--This chapter shall be construed to permit, in the exercise of 
comity, the surrender of persons who have committed crimes of violence 
against nationals of the United States in foreign countries without 
regard to the existence of any treaty of extradition with such foreign 
government if the Attorney General certifies in writing that--
            ``(1) evidence has been presented by the foreign government 
        that indicates that, if the offenses had been committed in the 
        United States, they would constitute crimes of violence (as 
        defined under section 16); and
            ``(2) the offenses charged are not of a political nature.
    ``(c) Definition.--In this section, `national of the United States' 
has the meaning stated in section 101(a)(22) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(22)).''.
    (b) Fugitives.--Section 3184 of title 18, United States Code, is 
amended--
            (1) in the first sentence by inserting after ``United 
        States and any foreign government,'' the following: ``or in 
        cases arising under section 3181(b),'';
            (2) in the first sentence by inserting after ``treaty or 
        convention,'' the following: ``or provided for under section 
        3181(b),''; and
            (3) in the third sentence by inserting after ``treaty or 
        convention,'' the following: ``or under section 3181(b),''.

SEC. 815. FBI ACCESS TO TELEPHONE SUBSCRIBER INFORMATION.

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

                Subtitle B--Removal of Alien Terrorists

SEC. 821. REMOVAL OF ALIEN TERRORISTS.

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

                     ``removal of alien terrorists

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

                  Subtitle C--Enhanced Entry Controls

SEC. 831. ADMISSIONS FRAUD.

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

SEC. 832. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS.

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

SEC. 833. JUDICIAL REVIEW.

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

SEC. 834. CONFORMING AMENDMENTS.

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

SEC. 835. EFFECTIVE DATE.

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

               TITLE IX--VICTIMS' RIGHTS AND CHILD ABUSE

                      Subtitle A--Victims' Rights

SEC. 901. RESTITUTION AMENDMENTS.

    Section 3663(b) of title 18, United States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (3);
            (2) by redesignating paragraph (4) as paragraph (5); and
            (3) by inserting after paragraph (4) the following new 
        paragraph:
            ``(4) in any case, reimburse the victim for necessary child 
        care, transportation, and other expenses related to 
        participation in the investigation or prosecution of the 
        offense or attendance at proceedings related to the offense; 
        and''.
    (b) Suspension of Federal Benefits.--Section 3663 of title 18, 
United States Code, is amended--
            (1) by redesignating subsections (g) and (h) as subsections 
        (h) and (i), respectively; and
            (2) by inserting after subsection (f) the following new 
        subsection:
    ``(g)(1) If the defendant is delinquent in making restitution in 
accordance with any schedule of payments or any requirement of 
immediate payment imposed under this section, the court may, after a 
hearing, suspend the defendant's eligibility for all Federal benefits 
until such time as the defendant demonstrates to the court good-faith 
efforts to return to such schedule.
    ``(2) In this subsection--
            ``(A) `Federal benefits'--
                    ``(i) means any grant, contract, loan, professional 
                license, or commercial license provided by an agency of 
                the United States or by appropriated funds of the 
                United States; and
                    ``(ii) does not include any retirement, welfare, 
                Social Security, health, disability, veterans benefit, 
                public housing, or other similar benefit, or any other 
                benefit for which payments or services are required for 
                eligibility.
            ``(B) `veterans benefit' means all benefits provided to 
        veterans, their families, or survivors by virtue of the service 
        of a veteran in the Armed Forces of the United States.''.

SEC. 902. RIGHT OF THE VICTIM TO AN IMPARTIAL JURY.

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

SEC. 903. MANDATORY RESTITUTION AND OTHER PROVISIONS.

    (a) Order of Restitution.--Section 3663 of title 18, United States 
Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``may order'' and inserting ``shall 
                order''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(4) In addition to ordering restitution of the victim of 
        the offense of which a defendant is convicted, a court may 
        order restitution of any person who, as shown by a 
        preponderance of evidence, was harmed physically, emotionally, 
        or pecuniarily, by unlawful conduct of the defendant during--
                    ``(A) the criminal episode during which the offense 
                occurred; or
                    ``(B) the course of a scheme, conspiracy, or 
                pattern of unlawful activity related to the offense.'';
            (2) in subsection (b)(1)(A) by striking ``impractical'' and 
        inserting ``impracticable'';
            (3) in subsection (b)(2) by inserting ``emotional or'' 
        after ``resulting in'';
            (4) in subsection (c) by striking ``If the Court decides to 
        order restitution under this section, the'' and inserting 
        ``The'';
            (5) by striking subsections (d), (e), (f), (h), and (i), as 
        redesignated by section 871(b)(1);
            (6) by redesignating subsection (g), as added by section 
        871(b)(2), as subsection (d); and
            (7) by adding at the end the following new subsections:
    ``(e)(1) The court shall order restitution to a victim in the full 
amount of the victim's losses as determined by the court and without 
consideration of--
            ``(A) the economic circumstances of the offender; or
            ``(B) the fact that a victim has received or is entitled to 
        receive compensation with respect to a loss from insurance or 
        any other source.
    ``(2) Upon determination of the amount of restitution owed to each 
victim, the court shall specify in the restitution order the manner in 
which and the schedule according to which the restitution is to be 
paid, in consideration of--
            ``(A) the financial resources and other assets of the 
        offender;
            ``(B) projected earnings and other income of the offender; 
        and
            ``(C) any financial obligations of the offender, including 
        obligations to dependents.
    ``(3) A restoration order may direct the offender to make a single, 
lump-sum payment, partial payment at specified intervals, or such in-
kind payments as may be agreeable to the victim and the offender.
    ``(4) An in-kind payment described in paragraph (3) may be in the 
form of--
            ``(A) return of property;
            ``(B) replacement of property; or
            ``(C) services rendered to the victim or to a person or 
        organization other than the victim.
    ``(f) When the court finds that more than 1 offender has 
contributed to the loss of a victim, the court may make each offender 
liable for payment of the full amount of restitution or may apportion 
liability among the offenders to reflect the level of contribution and 
economic circumstances of each offender.
    ``(g) When the court finds that more than 1 victim has sustained a 
loss requiring restitution by an offender, the court shall order full 
restitution of each victim but may provide for different payment 
schedules to reflect the economic circumstances of each victim.
    ``(h)(1) If the victim has received or is entitled to receive 
compensation with respect to a loss from insurance or any other source, 
the court shall order that restitution be paid to the person who 
provided or is obligated to provide the compensation, but the 
restitution order shall provide that all restitution of victims 
required by the order be paid to the victims before any restitution is 
paid to such a provider of compensation.
    ``(2) The issuance of a restitution order shall not affect the 
entitlement of a victim to receive compensation with respect to a loss 
from insurance or any other source until the payments actually received 
by the victim under the restitution order fully compensate the victim 
for the loss, at which time a person that has provided compensation to 
the victim shall be entitled to receive any payments remaining to be 
paid under the restitution order.
    ``(3) Any amount paid to a victim under an order of restitution 
shall be set off against any amount later recovered as compensatory 
damages by the victim in--
            ``(A) any Federal civil proceeding; and
            ``(B) any State civil proceeding, to the extent provided by 
        the law of the State.
    ``(i) A restitution order shall provide that--
            ``(1) all fines, penalties, costs, restitution payments and 
        other forms of transfers of money or property made pursuant to 
        the sentence of the court shall be made by the offender to an 
        entity designated by the Director of the Administrative Office 
        of the United States Courts for accounting and payment by the 
        entity in accordance with this subsection;
            ``(2) the entity designated by the Director of the 
        Administrative Office of the United States Courts shall--
                    ``(A) log all transfers in a manner that tracks the 
                offender's obligations and the current status in 
                meeting those obligations, unless, after efforts have 
                been made to enforce the restitution order and it 
                appears that compliance cannot be obtained, the court 
                determines that continued recordkeeping under this 
                subparagraph would not be useful;
                    ``(B) notify the court and the interested parties 
                when an offender is 90 days in arrears in meeting those 
                obligations; and
                    ``(C) disburse money received from an offender so 
                that each of the following obligations is paid in full 
                in the following sequence:
                            ``(i) a penalty assessment under section 
                        3013;
                            ``(ii) restitution of all victims; and
                            ``(iii) all other fines, penalties, costs, 
                        and other payments required under the sentence; 
                        and
            ``(3) the offender shall advise the entity designated by 
        the Director of the Administrative Office of the United States 
        Courts of any change in the offender's address during the term 
        of the restitution order.
    ``(j) A restitution order shall constitute a lien against all 
property of the offender and may be recorded in any Federal or State 
office for the recording of liens against real or personal property.
    ``(k) Compliance with the schedule of payment and other terms of a 
restitution order shall be a condition of any probation, parole, or 
other form of release of an offender. If a defendant fails to comply 
with a restitution order, the court may revoke probation or a term of 
supervised release, modify the term or conditions of probation or a 
term of supervised release, hold the defendant in contempt of court, 
enter a restraining order or injunction, order the sale of property of 
the defendant, accept a performance bond, or take any other action 
necessary to obtain compliance with the restitution order. In 
determining what action to take, the court shall consider the 
defendant's employment status, earning ability, financial resources, 
the willfulness in failing to comply with the restitution order, and 
any other circumstances that may have a bearing on the defendant's 
ability to comply with the restitution order.
    ``(l) An order of restitution may be enforced--
            ``(1) by the United States--
                    ``(A) in the manner provided for the collection and 
                payment of fines in subchapter B of chapter 229; or
                    ``(B) in the same manner as a judgment in a civil 
                action; and
            ``(2) by a victim named in the order to receive 
        restitution, in the same manner as a judgment in a civil 
        action.
    ``(m) A victim or the offender may petition the court at any time 
to modify a restitution order as appropriate in view of a change in the 
economic circumstances of the offender.''.
    (b) Procedure for Issuing Order of Restitution.--Section 3664 of 
title 18, United States Code, is amended--
            (1) by striking subsection (a);
            (2) by redesignating subsections (b), (c), (d), and (e) as 
        subsections (a), (b), (c), and (d);
            (3) by amending subsection (a), as redesignated by 
        paragraph (2), to read as follows:
    ``(a) The court may order the probation service of the court to 
obtain information pertaining to the amount of loss sustained by any 
victim as a result of the offense, the financial resources of the 
defendant, the financial needs and earning ability of the defendant and 
the defendant's dependents, and such other factors as the court deems 
appropriate. The probation service of the court shall include the 
information collected in the report of presentence investigation or in 
a separate report, as the court directs.''; and
            (4) by adding at the end the following new subsection:
    ``(e) The court may refer any issue arising in connection with a 
proposed order of restitution to a magistrate or special master for 
proposed findings of fact and recommendations as to disposition, 
subject to a de novo determination of the issue by the court.''.

               Subtitle B--National Child Protection Act

SEC. 911. SHORT TITLE.

    This subtitle may be cited as the ``National Child Protection Act 
of 1993''.

SEC. 912. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
            (1) more than 2,500,000 reports of suspected child abuse 
        and neglect are made each year, and increases have occurred in 
        recent years in the abuse of children by persons who have 
        previously committed crimes of child abuse or other serious 
        crimes;
            (2) although the great majority of child care providers are 
        caring and dedicated professionals, child abusers and others 
        who harm or prey on children frequently seek employment in or 
        volunteer for positions that give them access to children;
            (3) nearly 6,000,000 children received day care in 1990, 
        and this total is growing rapidly to an estimated 8,000,000 
        children by 1995;
            (4) exposure to child abusers and others who harm or prey 
        on children is harmful to the physical and emotional well-being 
        of children;
            (5) there is no reliable, centralized national source 
        through which child care organizations may obtain the benefit 
        of a nationwide criminal background check on persons who 
        provide or seek to provide child care;
            (6) some States maintain automated criminal background 
        files and provide criminal history information to child care 
        organizations on persons who provide or seek to provide child 
        care; and
            (7) because State and national criminal justice databases 
        are inadequate to permit effective national background checks, 
        persons convicted of crimes of child abuse or other serious 
        crimes may gain employment at a child care organization.
    (b) Purposes.--The purposes of this subtitle are--
            (1) to establish a national system through which child care 
        organizations may obtain the benefit of a nationwide criminal 
        background check to determine if persons who are current or 
        prospective child care providers have committed child abuse 
        crimes or other serious crimes;
            (2) to establish minimum criteria for State laws and 
        procedures that permit child care organizations to obtain the 
        benefit of nationwide criminal background checks to determine 
        if persons who are current or prospective child care providers 
        have committed child abuse crimes or other serious crimes;
            (3) to provide procedural rights for persons who are 
        subject to nationwide criminal background checks, including 
        procedures to challenge and correct inaccurate background check 
        information;
            (4) to establish a national system for the reporting by the 
        States of child abuse crime information; and
            (5) to document and study the problem of child abuse by 
        providing statistical and informational data on child abuse and 
        related crimes to the Department of Justice and other 
        interested parties.

SEC. 913. DEFINITIONS.

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

SEC. 914. REPORTING BY THE STATES.

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

SEC. 915. BACKGROUND CHECKS.

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

SEC. 916. FUNDING FOR IMPROVEMENT OF CHILD ABUSE CRIME INFORMATION.

    (a) Use of Formula Grants for Improvements in State Records and 
Systems.--Section 509(b) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3759(b)) is amended--
            (1) in paragraph (2) by striking ``and'' after the 
        semicolon;
            (2) in paragraph (3) by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(4) the improvement of State record systems and the 
        sharing of all of the records described in paragraphs (1), (2), 
        and (3) and the records required by the Attorney General under 
        section 884 of the National Child Protection Act of 1993 with 
        the Attorney General for the purpose of implementing the 
        National Child Protection Act of 1993.''.
    (b) Additional Funding Grants for the Improvement of Child Abuse 
Crime Information.--(1) The Attorney General shall, subject to 
appropriations and with preference to States that as of the date of 
enactment of this Act have the lowest percent currency of case 
dispositions in computerized criminal history files, make a grant to 
each State to be used--
            (A) for the computerization of criminal history files for 
        the purposes of this subtitle;
            (B) for the improvement of existing computerized criminal 
        history files for the purposes of this subtitle;
            (C) to improve accessibility to the national criminal 
        background check system for the purposes of this subtitle; and
            (D) to assist the State in the transmittal of criminal 
        records to, or the indexing of criminal history records in, the 
        national criminal background check system for the purposes of 
        this subtitle.
    (2) There are authorized to be appropriated for grants under 
paragraph (1) $20,000,000 for fiscal year 1994 and $10,000,000 for each 
of fiscal years 1995 and 1996.
    (c) Withholding State Funds.--Effective 1 year after the date of 
enactment of this Act, the Attorney General may reduce by up to 10 
percent the allocation to a State for a fiscal year under title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 of a State that 
is not in compliance with the timetable established for that State 
under section 914.

 Subtitle C--Jacob Wetterling Crimes Against Children Registration Act

SEC. 921. SHORT TITLE.

    This subtitle may be cited as the ``Jacob Wetterling Crimes Against 
Children Registration Act''.

SEC. 922. ESTABLISHMENT OF PROGRAM.

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

SEC. 923. STATE COMPLIANCE.

    (a) Compliance Date.--Each State shall have 3 years from the date 
of the enactment of this Act in which to implement this subtitle.
    (b) Ineligibility for Funds.--The allocation of funds under section 
506 of title I of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3756) received by a State not complying with this 
subtitle 3 years after the date of enactment of this Act shall be 
reduced by 25 percent and the unallocated funds shall be reallocated to 
the States in compliance with this section.

          TITLE X--VIOLENT CRIMES AND LAW ENFORCEMENT SUPPORT

                       Subtitle A--Violent Crimes

SEC. 1001. ADDITION OF ATTEMPTED ROBBERY, KIDNAPPING, SMUGGLING, AND 
              PROPERTY DAMAGE OFFENSES TO ELIMINATE INCONSISTENCIES AND 
              GAPS IN COVERAGE.

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

SEC. 1002. INCREASE IN MAXIMUM PENALTY FOR ASSAULT.

    (a) Certain Officers and Employees.--Section 111 of title 18, 
United States Code, is amended--
            (1) in subsection (a) by inserting ``, where the acts in 
        violation of this section constitute only simple assault, be 
        fined under this title, imprisoned not more than 1 year, or 
        both, and in all other cases,'' after ``shall''; and
            (2) in subsection (b) by inserting ``or inflicts bodily 
        injury'' after ``weapon''.
    (b) Foreign Officials, Official Guests, and Internationally 
Protected Persons.--Section 112(a) of title 18, United States Code, is 
amended--
            (1) by striking ``not more than $5,000'' and inserting 
        ``under this title'';
            (2) by inserting ``, or inflicts bodily injury,'' after 
        ``weapon''; and
            (3) by striking ``not more than $10,000'' and inserting 
        ``under this title''.
    (c) Maritime and Territorial Jurisdiction.--Section 113 of title 
18, United States Code, is amended--
            (1) in subsection (c)--
                    (A) by striking ``of not more than $1,000'' and 
                inserting ``under this title''; and
                    (B) by striking ``five'' and inserting ``10''; and
            (2) in subsection (e)--
                    (A) by striking ``of not more than $300'' and 
                inserting ``under this title''; and
                    (B) by striking ``three'' and inserting ``6''.
    (d) Congress, Cabinet, or Supreme Court.--Section 351(e) of title 
18, United States Code, is amended--
            (1) by striking ``not more than $5,000,'' and inserting 
        ``under this title,'';
            (2) by inserting ``the assault involved the use of a 
        dangerous weapon, or'' after ``if'';
            (3) by striking ``not more than $10,000'' and inserting 
        ``under this title''; and
            (4) by striking ``for''.
    (e) President and President's Staff.--Section 1751(e) of title 18, 
United States Code, is amended--
            (1) by striking ``not more than $10,000,'' each place it 
        appears and inserting ``under this title,'';
            (2) by striking ``not more than $5,000,'' and inserting 
        ``under this title,''; and
            (3) by inserting ``the assault involved the use of a 
        dangerous weapon, or'' after ``if''.

SEC. 1003. INCREASED MAXIMUM PENALTY FOR MANSLAUGHTER.

    Section 1112 of title 18, United States Code, is amended--
            (1) in subsection (b)--
                    (A) by inserting ``fined under this title or'' 
                after ``shall be'' in the second undesignated 
                paragraph; and
                    (B) by inserting ``, or both'' after ``years'';
            (2) by striking ``not more than $1,000'' and inserting 
        ``under this title''; and
            (3) by striking ``three'' and inserting ``6''.

SEC. 1004. INCREASED PENALTY FOR TRAVEL ACT VIOLATIONS.

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

SEC. 1005. INCREASED PENALTY FOR CONSPIRACY TO COMMIT MURDER FOR HIRE.

    Section 1958(a) of title 18, United States Code, is amended by 
inserting ``or who conspires to do so'' before ``shall be fined'' the 
first place it appears.

SEC. 1006. FEDERAL PENALTIES FOR CARJACKING.

    Section 2119 of title 18, United States Code, is amended to read as 
follows:
    ``(a) Definition.--In this section, `covered motor vehicle' means a 
motor vehicle that has been transported, shipped, or received in 
interstate or foreign commerce.
    ``(b) Offenses.--A person who, while in possession of a firearm (as 
defined in section 921) or other weapon or dangerous device--
            ``(1) intentionally strikes or otherwise makes physical 
        contact with a covered motor vehicle with a motor vehicle 
        operated by the person, with any other thing, or with any part 
        of the person's body, in one of the circumstances described in 
        subsection (c); or
            ``(2) takes a covered motor vehicle from the person or 
        presence of another by force and violence or by intimidation, 
        or attempts to do so,
shall be punished under subsection (d).
    ``(c) Circumstances In Which Offense Occurs.--The circumstances 
referred to in subsection (b)(1) are that--
            ``(1) the person makes the contact with the intent to 
        injure an occupant of the motor vehicle or to take or cause 
        damage to the motor vehicle; or
            ``(2) in the course of events immediately following the 
        contact, an occupant of the motor vehicle is injured or the 
        motor vehicle is taken or damaged.
    ``(d) Penalties.--A person who violates subsection (b) shall--
            ``(1) be fined under this title or imprisoned not more than 
        15 years, or both;
            ``(2) if serious bodily injury (as defined in section 1365) 
        results, be fined under this title or imprisoned not more than 
        25 years, or both; and
            ``(3) if death results, be fined under this title or 
        imprisoned for any number of years up to life, or both, or 
        sentenced to death.''.

SEC. 1007. INCREASED MANDATORY MINIMUM SENTENCES FOR CRIMINALS USING 
              FIREARMS.

    Section 924(c)(1) of title 18, United States Code, is amended to 
read as follows:
    ``(c)(1)(A) Whoever, during and in relation to any crime of 
violence or drug trafficking crime (including a crime of violence or 
drug trafficking crime which provides for an enhanced punishment if 
committed by the use of a deadly or dangerous weapon or device) for 
which the person may be prosecuted in a court of the United States--
            ``(i) knowingly uses, carries, or otherwise possesses a 
        firearm, shall, in addition to the punishment provided for the 
        underlying crime, be sentenced to imprisonment for 10 years;
            ``(ii) discharges a firearm with intent to injure another 
        person, shall, in addition to the punishment provided for the 
        underlying crime, be sentenced to imprisonment for 20 years; or
            ``(iii) knowingly uses, carries, or otherwise possesses a 
        firearm that is a machinegun or destructive device, or that is 
        equipped with a firearm silencer or firearm muffler, shall, in 
        addition to the punishment provided for the underlying crime, 
        be sentenced to imprisonment for 30 years.
    ``(B)(i) In the case of a second conviction under this subsection, 
a person shall, in addition to the punishment provided for the 
underlying crime, be sentenced to imprisonment for 20 years for a 
violation of subparagraph (A)(i), to imprisonment for 30 years for a 
violation of subparagraph (A)(ii), and life imprisonment for a 
violation of subparagraph (A)(iii).
    ``(ii) In the case of a third or subsequent conviction under this 
subsection, or a conviction for a violation of subparagraph (A)(ii) 
that results in the death of another person, a person shall be 
sentenced to death or life imprisonment.
    ``(C) Notwithstanding any other law, a term of imprisonment under 
this subsection shall not run concurrently with any other term of 
imprisonment imposed for the underlying crime.
    ``(D) For the purposes of paragraph (A), a person shall be 
considered to be in possession of a firearm if the person has a firearm 
readily available at the scene of the crime during the commission of 
the crime.''.

SEC. 1008. LIFE IMPRISONMENT WITHOUT RELEASE FOR CRIMINALS CONVICTED A 
              THIRD TIME.

    Section 401(b)(1)(A) of the Controlled Substances Act (21 U.S.C. 
841(b)(1)(A)) is amended by striking ``If any person commits a 
violation of this subparagraph or of section 418, 419, or 420 after two 
or more prior convictions for a felony drug offense have become final, 
such person shall be sentenced to a mandatory term of life imprisonment 
without release and fined in accordance with the preceding sentence.'' 
and inserting ``If any person commits a violation of this subparagraph 
or of section 418, 419, or 420 or a crime of violence after two or more 
prior convictions for a felony drug offense or crime of violence or for 
any combination thereof have become final, such person shall be 
sentenced to not less than a mandatory term of life imprisonment 
without release and fined in accordance with the preceding sentence. 
For purposes of this subparagraph, the term `crime of violence' means 
an offense that is a felony punishable by a maximum term of 
imprisonment of 10 years or more and has as an element the use, 
attempted use, or threatened use of physical force against the person 
or property of another, or by its nature involves a substantial risk 
that physical force against the person or property of another may be 
used in the course of committing the offense.''.

       Subtitle B--National Commission to Support Law Enforcement

SEC. 1021. SHORT TITLE.

    This subtitle may be cited as the ``National Commission to Support 
Law Enforcement Act.''.

SEC. 1022. FINDINGS.

    The Congress finds that--
            (1) law enforcement officers risk their lives daily to 
        protect citizens, for modest rewards and too little 
        recognition;
            (2) a significant shift has occurred in the problems that 
        law enforcement officers face without a corresponding change in 
        the support from the Federal Government;
            (3) law enforcement officers are on the front line in the 
        war against drugs and crime;
            (4) the rate of violent crime continues to increase along 
        with the increase in drug use;
            (5) a large percentage of individuals arrested test 
        positive for drug usage;
            (6) the Presidential Commission on Law Enforcement and the 
        Administration of Justice of 1965 focused attention on many 
        issues affecting law enforcement, and a review 25 years later 
        would help to evaluate current problems, including drug-related 
        crime, violence, racial conflict, and decreased funding; and
            (7) a comprehensive study of law enforcement issues, 
        including the role of the Federal Government in supporting law 
        enforcement officers, working conditions, and responsibility 
        for crime control would assist in redefining the relationships 
        among the Federal Government, the public, and law enforcement 
        officials.

SEC. 1023. ESTABLISHMENT OF COMMISSION.

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

SEC. 1024. DUTIES.

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

SEC. 1025. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 24 
members as follows:
            (1) Eight individuals from among national law enforcement 
        officers, of whom--
                    (A) two shall be appointed by the Speaker of the 
                House of Representatives;
                    (B) two shall be appointed by the Majority Leader 
                of the Senate;
                    (C) two shall be appointed by the Minority Leader 
                of the House; and
                    (D) two shall be appointed by the Minority Leader 
                of the Senate.
            (2) Eight individuals from national law enforcement 
        organizations representing law enforcement management, of 
        whom--
                    (A) two shall be appointed by the Speaker of the 
                House of Representatives;
                    (B) two shall be appointed by the Majority Leader 
                of the Senate;
                    (C) two shall be appointed by the Minority Leader 
                of the House; and
                    (D) two shall be appointed by the Minority Leader 
                of the Senate.
            (3) Two individuals with academic expertise regarding law 
        enforcement issues, of whom--
                    (A) one shall be appointed by the Speaker of the 
                House of Representatives and the Majority Leader of the 
                Senate; and
                    (B) one shall be appointed by the Minority Leader 
                of the Senate and the Minority Leader of the House of 
                Representatives.
            (4) Two Members of the House of Representatives, appointed 
        by the Speaker and the Minority Leader of the House of 
        Representatives.
            (5) Two Members of the Senate, appointed by the Majority 
        Leader and the Minority Leader of the Senate.
            (6) One individual from the Department of Justice, 
        appointed by the President.
            (7) The Comptroller General of the United States, who shall 
        serve as the chairperson of the Commission.
    (b) Compensation.--
            (1) In general.--Members of the Commission shall receive no 
        additional pay, allowance, or benefit by reason of service on 
        the Commission.
            (2) Travel expenses.--Each member of the Commission shall 
        receive travel expenses, including per diem in lieu of 
        subsistence, in accordance with sections 5702 and 5703 of title 
        5, United States Code.
    (c) Appointment Dates.--Members of the Commission shall be 
appointed no later than 90 days after the enactment of this title.

SEC. 1026. EXPERTS AND CONSULTANTS.

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

SEC. 1027. POWERS OF COMMISSION.

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

SEC. 1028. REPORT.

    Not later than the expiration of the 18-month period beginning on 
the date of the appointment of the members of the Commission, a report 
containing the findings of the Commission and specific proposals for 
legislation and administrative actions that the Commission has 
determined to be appropriate shall be submitted to Congress.

SEC. 1029. TERMINATION.

    The Commission shall cease to exist upon the expiration of the 60-
day period beginning on the date on which the Commission submits its 
report under section 1028.

SEC. 1030. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this subtitle 
$1,000,000 for fiscal year 1994.

SEC. 1031. REPEALS.

    Title XXXIV of the Crime Control Act of 1990 (42 U.S.C. 3721 note) 
and section 211(B) of the Departments of Commerce, Justice, and State, 
the Judiciary, and Related Agencies Appropriations Act, 1991 (42 U.S.C. 
3721 note; 104 Stat. 2122) are repealed.

                    TITLE XI--CIVIL RIGHTS OFFENSES

SEC. 1101. INCREASED MAXIMUM PENALTIES FOR CIVIL RIGHTS VIOLATIONS.

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

                      TITLE XII--PUBLIC CORRUPTION

SEC. 1201. SHORT TITLE.

    This title may be cited as the ``Anti-Corruption Act of 1993''.

SEC. 1202. PUBLIC CORRUPTION.

    (a) Offenses.--Chapter 11 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 226. Public corruption
    ``(a) State and Local Government.--
            ``(1) Honest services.--Whoever, in a circumstance 
        described in paragraph (3), deprives or defrauds, or endeavors 
        to deprive or to defraud, by any scheme or artifice, the 
        inhabitants of a State or political subdivision of a State of 
        the honest services of an official or employee of the State or 
        political subdivision shall be fined under this title, 
        imprisoned not more than 10 years, or both.
            ``(2) Fair and impartial elections.--Whoever, in a 
        circumstance described in paragraph (3), deprives or defrauds, 
        or endeavors to deprive or to defraud, by any scheme or 
        artifice, the inhabitants of a State or political subdivision 
        of a State of a fair and impartially conducted election process 
        in any primary, run-off, special, or general election--
                    ``(A) through the procurement, casting, or 
                tabulation of ballots that are materially false, 
                fictitious, or fraudulent or that are invalid, under 
                the laws of the State in which the election is held;
                    ``(B) through paying or offering to pay any person 
                for voting;
                    ``(C) through the procurement or submission of 
                voter registrations that contain false material 
                information, or omit material information; or
                    ``(D) through the filing of any report required to 
                be filed under State law regarding an election campaign 
                that contains false material information or omits 
                material information,
        shall be fined under this title, imprisoned not more than 10 
        years, or both.
            ``(3) Circumstances in which offense occurs.--The 
        circumstances referred to in paragraphs (1) and (2) are that--
                    ``(A) for the purpose of executing or concealing a 
                scheme or artifice described in paragraph (1) or (2) or 
                attempting to do so, a person--
                            ``(i) places in any post office or 
                        authorized depository for mail matter, any 
                        matter or thing to be sent or delivered by the 
                        Postal Service, or takes or receives therefrom 
                        any such matter or thing, or knowingly causes 
                        to be delivered by mail according to the 
                        direction thereon, or at the place at which it 
                        is directed to be delivered by the person to 
                        whom it is addressed, any such matter or thing;
                            ``(ii) transmits or causes to be 
                        transmitted by means of wire, radio, or 
                        television communication in interstate or 
                        foreign commerce any writings, signs, signals, 
                        pictures, or sounds;
                            ``(iii) transports or causes to be 
                        transported any person or thing, or induces any 
                        person to travel in or to be transported in, 
                        interstate or foreign commerce; or
                            ``(iv) uses or causes the use of any 
                        facility of interstate or foreign commerce;
                    ``(B) the scheme or artifice affects or constitutes 
                an attempt to affect in any manner or degree, or would 
                if executed or concealed affect, interstate or foreign 
                commerce; or
                    ``(C) in the case of an offense described in 
                paragraph (2), an objective of the scheme or artifice 
                is to secure the election of an official who, if 
                elected, would have any authority over the 
                administration of funds derived from an Act of Congress 
                totaling $10,000 or more during the 12-month period 
                immediately preceding or following the election or date 
                of the offense.
    ``(b) Federal Government.--Whoever deprives or defrauds, or 
endeavors to deprive or to defraud, by any scheme or artifice, the 
inhabitants of the United States of the honest services of a public 
official or a person who has been selected to be a public official 
shall be fined under this title, imprisoned not more than 10 years, or 
both.
    ``(c) Offense by an Official Against an Employee or Official.--
            ``(1) Criminal offense.--Whoever, being an official, public 
        official, or person who has been selected to be a public 
        official, directly or indirectly discharges, demotes, suspends, 
        threatens, harasses, or in any manner discriminates against an 
        employee or official of the United States or of a State or 
        political subdivision of a State, or endeavors to do so, in 
        order to carry out or to conceal a scheme or artifice described 
        in subsection (a) or (b), shall be fined under this title, 
        imprisoned not more than 5 years, or both.
            ``(2) Civil action.--(A) Any employee or official of the 
        United States or of a State or political subdivision of a State 
        who is discharged, demoted, suspended, threatened, harassed, or 
        in any manner discriminated against because of lawful acts done 
        by the employee or official as a result of a violation of this 
        section or because of actions by the employee on behalf of 
        himself or herself or others in furtherance of a prosecution 
        under this section (including investigation for, initiation of, 
        testimony for, or assistance in such a prosecution) may bring a 
        civil action and obtain all relief necessary to make the 
        employee or official whole, including--
                    ``(i) reinstatement with the same seniority status 
                that the employee or official would have had but for 
                the violation;
                    ``(ii) 3 times the amount of backpay;
                    ``(iii) interest on the backpay; and
                    ``(iv) compensation for any special damages 
                sustained as a result of the violation, including 
                reasonable litigation costs and reasonable attorney's 
                fees.
            ``(B) An employee or official shall not be afforded relief 
        under subparagraph (A) if the employee or official participated 
        in the violation of this section with respect to which relief 
        is sought.
            ``(C)(i) A civil action or proceeding authorized by this 
        paragraph shall be stayed by a court upon certification of an 
        attorney for the Government that prosecution of the action or 
        proceeding may adversely affect the interests of the Government 
        in a pending criminal investigation or proceeding.
            ``(ii) The attorney for the Government shall promptly 
        notify the court when a stay may be lifted without such adverse 
        effects.
    ``(d) Definitions.--In this section--
            ```official' includes--
                    ``(A) any person employed by, exercising any 
                authority derived from, or holding any position in the 
                government of a State or any subdivision of the 
                executive, legislative, judicial, or other branch of 
                government thereof, including a department, independent 
                establishment, commission, administration, authority, 
                board, and bureau, and a corporation or other legal 
                entity established and subject to control by a 
                government or governments for the execution of a 
                governmental or intergovernmental program;
                    ``(B) any person acting or pretending to act under 
                color of official authority; and
                    ``(C) any person who has been nominated, appointed, 
                or selected to be an official or who has been 
                officially informed that he or she will be so 
                nominated, appointed, or selected.
            ```person acting or pretending to act under color of 
        official authority' includes a person who represents that he or 
        she controls, is an agent of, or otherwise acts on behalf of an 
        official, public official, and person who has been selected to 
        be a public official.
            ```public official' and `person who has been selected to be 
        a public official' have the meanings stated in section 201 and 
        also include any person acting or pretending to act under color 
        of official authority.
            ```State' means a State of the United States, the District 
        of Columbia, Puerto Rico, and any other commonwealth, 
        territory, or possession of the United States.
            ```uses any facility of interstate or foreign commerce' 
        includes the intrastate use of any facility that may also be 
        used in interstate or foreign commerce.''.
    (b) Technical Amendments.--(1) The chapter analysis for chapter 11 
of title 18, United States Code, is amended by adding at the end the 
following new item:

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

SEC. 1203. INTERSTATE COMMERCE.

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

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

SEC. 1204. NARCOTICS-RELATED PUBLIC CORRUPTION.

    (a) Offenses.--Chapter 11 of title 18, United States Code, is 
amended by inserting after section 219 the following new section:
``Sec. 220. Narcotics and public corruption
    ``(a) Offense by Public Official.--A public official who, in a 
circumstance described in subsection (c), directly or indirectly, 
corruptly demands, seeks, receives, accepts, or agrees to receive or 
accept anything of value personally or for any other person in return 
for--
            ``(1) being influenced in the performance or nonperformance 
        of any official act; or
            ``(2) being influenced to commit or to aid in committing, 
        or to collude in, or to allow or make opportunity for the 
        commission of any offense against the United States or any 
        State,
shall be guilty of a class B felony.
    ``(b) Offense by Person Other Than a Public Official.--A person 
who, in a circumstance described in subsection (c), directly or 
indirectly, corruptly gives, offers, or promises anything of value to 
any public official, or offers or promises any public official to give 
anything of value to any other person, with intent--
            ``(1) to influence any official act;
            ``(2) to influence the public official to commit or aid in 
        committing, or to collude in, or to allow or make opportunity 
        for the commission of any offense against the United States or 
        any State; or
            ``(3) to influence the public official to do or to omit to 
        do any act in violation of the official's lawful duty,
shall be guilty of a class B felony.
    ``(c) Circumstances in Which Offense Occurs.--The circumstances 
referred to in subsections (a) and (b) are that the offense involves, 
is part of, or is intended to further or to conceal the illegal 
possession, importation, manufacture, transportation, or distribution 
of any controlled substance or controlled substance analogue.
    ``(d) Definitions.--In this section--
            ```controlled substance' and `controlled substance 
        analogue' have the meanings stated in section 102 of the 
        Controlled Substances Act (21 U.S.C. 802).
            ```official act' means any decision, action, or conduct 
        regarding any question, matter, proceeding, cause, suit, 
        investigation, or prosecution which may at any time be pending, 
        or which may be brought before any public official, in such 
        official's official capacity, or in such official's place of 
        trust or profit.
            ```public official' means--
                    ``(A) an officer or employee or person acting for 
                or on behalf of the United States, or any department, 
                agency, or branch of Government thereof in any official 
                function, under or by authority of any such department, 
                agency, or branch of Government;
                    ``(B) a juror;
                    ``(C) an officer or employee or person acting for 
                or on behalf of the government of any State, territory, 
                or possession of the United States (including the 
                District of Columbia), or any political subdivision 
                thereof, in any official function, under or by the 
                authority of any such State, territory, possession, or 
                political subdivision; and
                    ``(D) any person who has been nominated or 
                appointed to a position described in subparagraph (A), 
                (B), or (C), or has been officially informed that he or 
                she will be so nominated or appointed.''.
    (b) Technical Amendments.--(1) Section 1961(1) of title 18, United 
States Code, is amended by inserting ``section 220 (relating to 
narcotics and public corruption),'' after ``Section 201 (relating to 
bribery),''.
    (2) Section 2516(1)(c) of title 18, United States Code, is amended 
by inserting ``section 220 (relating to narcotics and public 
corruption),'' after ``section 201 (bribery of public officials and 
witnesses),''.
    (3) The chapter analysis for chapter 11 of title 18, United States 
Code, is amended by inserting after the item for section 219 the 
following new item:

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

                          TITLE XIII--FUNDING

SEC. 1301. REDUCTION IN OVERHEAD COSTS INCURRED IN FEDERALLY SPONSORED 
              RESEARCH.

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

SEC. 1302. OVERHEAD EXPENSE REDUCTION.

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

SEC. 1303. FUNDING OF PROGRAMS AUTHORIZED BY THIS ACT.

    The amount of available budget authority resulting from the 
enactment of sections 1301 and 1302 shall be reallocated as follows:
            (1) $800,000,000 ($100,000,000 for fiscal year 1994, 
        $125,000,000 for fiscal year 1995, $175,000,000 for fiscal year 
        1996, and $200,000,000 for each of fiscal years 1997 and 1998) 
        for the hiring of former members of the Armed Forces as police 
        officers as authorized by section 102(d).
            (2) $650,000,000 ($100,000,000 for fiscal years 1994 and 
        1995 and $150,000,000 for each of fiscal years 1996, 1997, and 
        1998) for cops on the street grants as authorized by the 
        amendment made by section 112(c).
            (3) $250,000,000 for the Police Corps ($50,000,000 for 
        fiscal year 1994 and $100,000,000 for each of fiscal years 1995 
        and 1996) as authorized by section 130.
            (4) $300,000,000 ($60,000,000 for each of fiscal years 
        1994, 1995, 1996, 1997, and 1998) for community policing grants 
        as authorized by the amendment made by section 141(c).
            (5) $100,000,000 for fiscal year 1994 for improved police 
        training and technical automation as authorized by section 153.
            (6) $2,000,000,000 for the construction of 10 new Federal 
        prisons ($200,000,000 for fiscal year 1994, $400,000,000 for 
        each of fiscal years 1995 and 1996, and $500,000,000 for each 
        of fiscal years 1997 and 1998) as authorized by section 165.
            (7) $1,000,000,000 for Federal grants for State prison 
        construction and operation ($200,000,000 for each of fiscal 
        years 1994, 1995, 1996, 1997, and 1998, with $100,000,000 of 
        that available for construction and $100,000,000 available for 
        operation) as authorized by section 177.
            (8) $500,000,000 ($100,000,000 for each of fiscal years 
        1994, 1995, 1996, 1997, and 1998) for the hiring of former 
        members of the Armed Forces as teachers as authorized by 
        section 202(e).
            (9) $500,000,000 ($100,000,000 for each of fiscal years 
        1994, 1995, 1996, 1997, and 1998) for the Federal safe school 
        districts as authorized by section 203(d).
            (10) $300,000,000 ($60,000,000 for each of fiscal years 
        1994, 1995, 1996, 1997, and 1998) for the hiring of 1,000 
        additional Border Patrol agents as authorized by section 321.
            (11) $385,000,000 ($77,000,000 for each of fiscal years 
        1994, 1995, 1996, 1997, and 1998) for the hiring of 1,000 
        additional Immigration and Naturalization Service criminal 
        investigators as authorized by section 322.
            (12) $13,000,000 ($5,000,000 for fiscal year 1994 and 
        $2,000,000 for each of fiscal years 1995, 1996, 1997, and 1998) 
        for the operation of the criminal alien tracking center as 
        authorized by section 323.
            (13) $100,000,000 to hire Assistant United States Attorneys 
        to prosecute gang activity ($20,000,000 for each of fiscal 
        years 1994, 1995, 1996, 1997, and 1998) as authorized by 
        section 431.
            (14) $1,000,000 for fiscal year 1994 for gang investigation 
        coordination and information collection as authorized by 
        section 432(d).
            (15) $250,000,000 ($50,000,000 for each of fiscal years 
        1994, 1995, 1996, 1997, and 1998) for rural law enforcement as 
        authorized by the amendment made by section 501.
            (16) $5,000,000 ($1,000,000 for each of fiscal years 1994, 
        1995, 1996, 1997, and 1998) for rural drug enforcement training 
        as authorized by section 504(b).
            (17) $110,000,000 ($25,000,000 for each of fiscal years 
        1994 and 1995 and $20,000,000 for each of fiscal years 1996, 
        1997, and 1998) for rural drug prevention and treatment as 
        authorized by section 511(h).
            (18) $100,000,000 ($20,000,000 for each of fiscal years 
        1994, 1995, 1996, 1997, and 1998) for the hiring of additional 
        Drug Enforcement Administration agents as authorized by section 
        551.
            (19) $120,000,000 ($60,000,000 for each of fiscal years 
        1994 and 1995) for the prevention of terrorism as authorized by 
        section 811.
            (20) $40,000,000 ($20,000,000 for fiscal year 1994 and 
        $10,000,000 for each of fiscal years 1995 and 1996) to fund 
        improvement of child abuse crime information as authorized by 
        section 916(b)(2).
            (21) $1,000,000 for fiscal year 1994 to fund the National 
        Commission to Support Law Enforcement as authorized by section 
        1030.

                                 <all>

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