II

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.

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

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

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

5 ‘‘Neighborhood Security Act of 1993’’.

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

7 this Act is as follows:

Sec. 1. Short title and table of contents.
2

•S 1356 IS

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.
3

•S 1356 IS

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.
4

•S 1356 IS

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
5

•S 1356 IS

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.
6

•S 1356 IS

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
7

•S 1356 IS

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
8

•S 1356 IS

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.

1 TITLE I—SAFE STREETS

2 Subtitle A—Police

3 CHAPTER 1—DEFENSE CONVERSION

4 SEC. 101. DEFINITION.

5 In this chapter, ‘‘former member of the Armed

6 Forces’’ means a member of the Armed Forces of the
9

•S 1356 IS

1 United States who is involuntarily separated from the

2 Armed Forces within the meaning of section 1141 of title

3 10, United States Code.

4 SEC. 102. AMERICA’S SAFE STREETS PROGRAM.

5 (a) PROGRAM ESTABLISHMENT.—

6 (1) AMERICA’S SAFE STREETS PROGRAM.—The

7 program established by this section shall be referred

8 to as ‘‘America’s Safe Streets Program’’.

9 (2) AGREEMENTS.—The Attorney General, in

10 consultation with the Secretary of Defense, may

11 enter into an agreement with a State or local law en12 forcement agency to pay, and may pay, for a period

13 of 6 years, including any required periods of train14 ing, the salaries of former members of the Armed

15 Forces who are hired within 5 years after the date

16 of enactment of this Act as police officers assigned

17 to neighborhood patrol duties.

18 (b) AMOUNT.—

19 (1) MAXIMUM.—(A) The maximum Federal

20 share of an annual salary for the first 3 years that

21 a police officer may be paid under an agreement de22 scribed in subsection (a) is the annual salary earned

23 by the officer during his or her last year as a mem24 ber of the Armed Forces.
10

•S 1356 IS

1 (B) The maximum Federal share of an annual

2 salary for the 4th through 6th years that a police of3 ficer may be paid under an agreement described in

4 subsection (a) is 50 percent of the annual salary

5 earned by the officer during his or her last year as

6 a member of the Armed Forces.

7 (2) ENTRY LEVEL.—To the extent that it is

8 practicable to do so, a State or local law enforce9 ment agency shall hire a former member of the

10 Armed Forces whose salary is to be paid under an

11 agreement described in subsection (a) at a level of

12 seniority, in consideration of the former member’s

13 years of service and training as a member of the

14 Armed Forces, that will permit the former member

15 to be paid at least the maximum amount of annual

16 salary under paragraph (1).

17 (3) PRIORITY.—In making awards under this

18 section, the Attorney General may give priority to

19 agencies located in communities that are adversely

20 affected by the recent closing of a military base or

21 facility.

22 (4) FORMULA.—In making awards under this

23 section, the Attorney General shall insure that no

24 State receives less than .50 percent of the funds ap25 propriated under this section.
11

•S 1356 IS

1 (c) ENLARGEMENT OF POLICE FORCE.—It shall be

2 a condition to payment of salaries under an agreement de3 scribed in subsection (a) that the number of police officers

4 assigned to neighborhood patrol duties (not including any

5 officers whose salaries in whole or in part are paid under

6 this title), and the size of the law enforcement agency’s

7 staff overall, shall not be diminished during the term of

8 the agreement.

9 (d) AUTHORIZATION OF APPROPRIATIONS.—There

10 are authorized to be appropriated to carry out the pro11 gram authorized by this section—

12 (1) $100,000,000 for fiscal year 1994;

13 (2) $125,000,000 for fiscal year 1995;

14 (3) $175,000,000 for fiscal year 1996;

15 (4) $200,000,000 for fiscal year 1997; and

16 (5) $200,000,000 for fiscal year 1998.

17 CHAPTER 2—COPS ON THE STREET

18 SEC. 111. SHORT TITLE.

19 This chapter may be cited as the ‘‘Cops on the Street

20 Act of 1993’’.

21 SEC. 112. ENHANCED LOCAL LAW ENFORCEMENT.

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

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

24 et seq.) is amended—

25 (1) by redesignating part Q as part R;
12

•S 1356 IS

1 (2) by redesignating section 1701 as section

2 1801; and

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

4 ‘‘PART Q—COPS ON THE STREET GRANTS

5 ‘‘SEC. 1701. GRANT AUTHORIZATION.

6 ‘‘The Director of the Bureau of Justice Assistance

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

8 to units of local government for the purposes of increasing

9 police presence in the community. The Director shall take

10 steps to ensure, to the extent practicable, that each State

11 receives at least 1 grant.

12 ‘‘SEC. 1702. APPLICATION.

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

14 under this part, a chief executive of a unit of local govern15 ment, shall submit an application to the Director. The ap16 plication shall contain the information required under sub17 section (b) and be in such form and contain such other

18 information as the Director may reasonably require.

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

20 subsection (a) shall include—

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

22 part for the purposes described in section 1701;

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

24 to be served by the grant and a description of the
13

•S 1356 IS

1 crime problems within the areas targeted for assist2 ance;

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

4 the Director under section 1704;

5 ‘‘(4) assurances that Federal funds received

6 under this part shall be used to supplement, not

7 supplant, non-Federal funds that would otherwise be

8 available for activities funded under this part;

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

10 enforcement for the preceding 5-year period prior to

11 receiving a grant under this part;

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

13 law enforcement during any prior years in which

14 grants were received under this part; and

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

16 would be used to ensure the safety of public and pri17 vate elementary and secondary schools.

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

19 ‘‘(a) ADMINISTRATIVE COST LIMITATION.—The Di20 rector shall use not more than 5 percent of the funds avail21 able under this part for the purposes of administration,

22 technical assistance, and evaluation.

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

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

25 if the Director determines that the funds made available
14

•S 1356 IS

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

2 manner required under the approved application and the

3 requirements of this part.

4 ‘‘SEC. 1704. SELECTION OF RECIPIENTS.

5 ‘‘In awarding grants to units of local government

6 under this part, the Director shall consider—

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

8 local government for violent crime, including murder,

9 rape, robbery, assault with a weapon, and kidnap10 ping; and

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

12 such unit of local government over the most recent

13 3-year period for which statistics are available.

14 ‘‘SEC. 1705. REPORTS.

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

16 funds under this part shall submit to the Director not

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

18 progress achieved in carrying out the plan required under

19 section 1702(c).

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

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

22 that shall contain a detailed statement regarding grant

23 awards, activities of grant recipients, and an evaluation

24 of projects established under this part.
15

•S 1356 IS

1 ‘‘SEC. 1706. DEFINITION.

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

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

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

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

6 Act of 1968 (42 U.S.C. 3711 et seq.) is amended by strik7 ing the matter relating to part Q and inserting the follow8 ing:

‘‘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.’’.

9 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

10 1001(a) of title I of the Omnibus Crime Control and Safe

11 Streets Act of 1968 (42 U.S.C. 3793) is amended—

12 (1) in paragraph (3) by striking ‘‘and O’’ and

13 inserting ‘‘O, P, and Q’’; and

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

15 paragraph:

16 ‘‘(11) There are authorized to be appropriated to

17 carry out projects under part Q—

18 ‘‘(A) $100,000,000 for fiscal year 1994;

19 ‘‘(B) $100,000,000 for fiscal year 1995;

20 ‘‘(C) $150,000,000 for fiscal year 1996;
16

•S 1356 IS

1 ‘‘(D) $150,000,000 for fiscal year 1997; and

2 ‘‘(E) $150,000,000 for fiscal year 1998.’’.

3 CHAPTER 3—POLICE CORPS PROGRAM

4 SEC. 121. PURPOSES.

5 The purposes of this chapter are to—

6 (1) address violent crime in urban and rural

7 areas by increasing the number of police with ad8 vanced education and training on community patrol;

9 and

10 (2) provide educational assistance to law en11 forcement personnel and to students who possess a

12 sincere interest in public service in the form of law

13 enforcement.

14 SEC. 122. DEFINITIONS.

15 In this chapter—

16 ‘‘academic year’’ means a traditional academic

17 year beginning in August or September and ending

18 in the following May or June.

19 ‘‘dependent child’’ means a natural or adopted

20 child or stepchild of a law enforcement officer who

21 at the time of the officer’s death—

22 (1) was no more than 21 years old; or

23 (2) if older than 21 years, was in fact de24 pendent on the child’s parents for at least one25 half of the child’s support (excluding edu-
17

•S 1356 IS

1 cational expenses), as determined by the Direc2 tor.

3 ‘‘Director’’ means the Director of the Office of

4 the Police Corps and Law Enforcement Education

5 appointed under section 123.

6 ‘‘educational expenses’’ means expenses that

7 are directly attributable to—

8 (1) a course of education leading to the

9 award of the baccalaureate degree in legal- or

10 criminal justice-related studies; or

11 (2) a course of graduate study legal or

12 criminal justice studies following award of a

13 baccalaureate degree,

14 including the cost of tuition, fees, books, supplies,

15 transportation, room and board and miscellaneous

16 expenses.

17 ‘‘institution of higher education’’ has the mean18 ing stated in the first sentence of section 1201(a) of

19 the Higher Education Act of 1965 (20 U.S.C.

20 1141(a)).

21 ‘‘participant’’ means a participant in the Police

22 Corps program selected pursuant to section 126.

23 ‘‘State’’ means a State of the United States,

24 the District of Columbia, the Commonwealth of

25 Puerto Rico, the Virgin Islands, American Samoa,
18

•S 1356 IS

1 Guam, and the Commonwealth of the Northern Mar2 iana Islands.

3 ‘‘State Police Corps program’’ means a State

4 police corps program approved under section 138.

5 SEC. 123. ESTABLISHMENT OF OFFICE OF THE POLICE

6 CORPS AND LAW ENFORCEMENT EDUCATION.

7 (a) ESTABLISHMENT.—There is established in the

8 Department of Justice, under the general authority of the

9 Attorney General, an Office of the Police Corps.

10 (b) APPOINTMENT OF DIRECTOR.—The Office of the

11 Police Corps and Law Enforcement Education shall be

12 headed by a Director who shall be appointed by the Presi13 dent, by and with the advice and consent of the Senate.

14 (c) RESPONSIBILITIES OF DIRECTOR.—The Director

15 shall be responsible for the administration of the Police

16 Corps program established in this chapter and shall have

17 authority to promulgate regulations to implement this

18 chapter.

19 SEC. 124. DESIGNATION OF LEAD AGENCY AND SUBMIS20 SION OF STATE PLAN.

21 (a) LEAD AGENCY.—A State that desires to partici22 pate in the Police Corps program shall designate a lead

23 agency that will be responsible for—

24 (1) submitting to the Director a State plan de25 scribed in subsection (b); and
19

•S 1356 IS

1 (2) administering the program in the State.

2 (b) STATE PLANS.—A State plan shall—

3 (1) contain assurances that the lead agency

4 shall work in cooperation with the local law enforce5 ment liaisons, representatives of police management

6 organizations, and other appropriate State and local

7 agencies to develop and implement interagency

8 agreements designed to carry out the program;

9 (2) contain assurances that the State shall ad10 vertise the assistance available under this chapter;

11 (3) contain assurances that the State shall

12 screen and select law enforcement personnel for par13 ticipation in the program;

14 (4) if the State desires to participate in the Po15 lice Corps program, meet the requirements of section

16 128; and

17 (5) demonstrate that the State has the capacity

18 to employ the participants in the Police Corps pro19 gram from that State.

20 SEC. 125. SCHOLARSHIP ASSISTANCE.

21 (a) SCHOLARSHIPS AUTHORIZED.—(1) The Director

22 may award scholarships to participants who agree to work

23 in a State or local police force in accordance with agree24 ments entered into pursuant to subsection (d).
20

•S 1356 IS

1 (2)(A) Except as provided in subparagraph (B) each

2 scholarship payment made under this section for each aca3 demic year shall not exceed the lesser of—

4 (i) $7,500; or

5 (ii) the cost of the educational expenses related

6 to attending an institution of higher education.

7 (B) In the case of a participant who is pursuing a

8 course of educational study during substantially an entire

9 calendar year, the amount of scholarship payments made

10 during such year shall not exceed $10,000.

11 (C) The total amount of scholarship assistance re12 ceived by any 1 student under this section shall not exceed

13 $30,000.

14 (3) Recipients of scholarship assistance under this

15 section shall continue to receive such scholarship payments

16 only during such periods as the Director finds that the

17 recipient is maintaining satisfactory progress as deter18 mined by the institution of higher education the recipient

19 is attending.

20 (4)(A) The Director shall make scholarship payments

21 under this section directly to the institution of higher edu22 cation that the student is attending.

23 (B) Each institution of higher education receiving a

24 payment on behalf of a participant pursuant to subpara25 graph (A) shall remit to such student any funds in excess
21

•S 1356 IS

1 of the costs of tuition, fees, and room and board payable

2 to the institution.

3 (b) REIMBURSEMENT AUTHORIZED.—(1) The Direc4 tor may make payments to a participant to reimburse such

5 participant for the costs of educational expenses if such

6 student agrees to work in a State or local police force in

7 accordance with the agreement entered into pursuant to

8 subsection (d).

9 (2)(A) Each payment made pursuant to paragraph

10 (1) for each academic year of study shall not exceed—

11 (i) $7,500; or

12 (ii) the cost of educational expenses related to

13 attending an institution of higher education.

14 (B) In the case of a participant who is pursuing a

15 course of educational study during substantially an entire

16 calendar year, the amount of scholarship payments made

17 during such year shall not exceed $10,000.

18 (C) The total amount of payments made pursuant to

19 subparagraph (A) to any 1 student shall not exceed

20 $30,000.

21 (c) USE OF SCHOLARSHIP.—Scholarships awarded

22 under this subsection shall only be used to pay educational

23 expenses incurred while in attendance at an institution of

24 higher education—
22

•S 1356 IS

1 (1) in a course of education leading to the

2 award of a baccalaureate degree in the area of legal

3 or criminal justice related studies, including attend4 ance at such an institution that does not itself

5 award such a degree if the courses taken there are

6 acceptable for credit toward a degree at an institu7 tion that does award such a degree, and including,

8 in the discretion of the Director, such expenses in9 curred prior to enrollment in the Police Corps pro10 gram; and

11 (2) for graduate and professional study.

12 (d) AGREEMENT.—(1) Each participant receiving a

13 scholarship or a payment under this section shall enter

14 into an agreement with the Director. Each such agreement

15 shall contain assurances that the participant shall—

16 (A) after successful completion of a bacca17 laureate program, work for 4 years in a State or

18 local police force without there having arisen suffi19 cient cause for the participant’s dismissal under the

20 rules applicable to members of the police force of

21 which the participant is a member;

22 (B) complete satisfactorily an educational

23 course of study and receipt of a baccalaureate de24 gree (in the case of undergraduate study) or the re25 ward of credit to the participant for having com-
23

•S 1356 IS

1 pleted one or more graduate courses (in the case of

2 graduate study); and

3 (C) repay all of the scholarship or payment re4 ceived plus interest at the rate of 10 percent in the

5 event that the conditions of subparagraphs (A) and

6 (B) are not complied with.

7 (2)(A) A recipient of a scholarship or payment under

8 this section shall not be considered in violation of the

9 agreement entered into pursuant to paragraph (1) if the

10 recipient—

11 (i) dies; or

12 (ii) becomes permanently and totally disabled as

13 established by the sworn affidavit of a qualified

14 physician.

15 (B) The Director shall expeditiously seek repayment

16 from participants who violate the agreement described in

17 paragraph (1).

18 (e) DEPENDENT CHILD.—A dependent child of a law

19 enforcement officer—

20 (1) who is a member of a State or local police

21 force or is a Federal criminal investigator or uni22 formed police officer,

23 (2) who is not a participant in the Police Corps

24 program, but
24

•S 1356 IS

1 (3) who serves in a State for which the Director

2 has approved a Police Corps plan, and

3 (4) who is killed in the course of performing po4 lice duties,

5 shall be entitled to the scholarship assistance authorized

6 in this section for any course of study in any institution

7 of higher education. Such dependent child shall not incur

8 any repayment obligation in exchange for the scholarship

9 assistance provided in this section.

10 (f) GROSS INCOME.—For purposes of section 61 of

11 the Internal Revenue Code of 1986, a participant’s or de12 pendent child’s gross income shall not include any amount

13 paid as scholarship assistance under this section.

14 (g) APPLICATION.—Each participant desiring a

15 scholarship or payment under this section shall submit an

16 application as prescribed by the Director in such manner

17 and accompanied by such information as the Director may

18 reasonably require.

19 SEC. 126. SELECTION OF PARTICIPANTS.

20 (a) IN GENERAL.—Participants in State Police Corps

21 programs shall be selected on a competitive basis by each

22 State under regulations prescribed by the Director. A

23 State may only select as many participants as State police

24 or local law enforcement agencies are willing to accept and

25 are capable of accepting. A State shall certify that for each
25

•S 1356 IS

1 participant selected, a State police or local law enforce2 ment agency has agreed to accept a participant.

3 (b) SELECTION CRITERIA AND QUALIFICATIONS.—

4 (1) In order to participate in a State Police Corps pro5 gram, a participant shall—

6 (A) be a citizen of the United States;

7 (B) meet the requirements for admission as a

8 trainee of the State or local police force to which the

9 participant will be assigned pursuant to the State

10 Police Corps plan, including achievement of satisfac11 tory scores on any applicable examination, except

12 that failure to meet the age requirement for a train13 ee of the State or local police shall not disqualify the

14 applicant if the applicant will be of sufficient age

15 upon completing an undergraduate course of study;

16 (C) possess the necessary mental and physical

17 capabilities and emotional characteristics to dis18 charge effectively the duties of a law enforcement of19 ficer;

20 (D) be of good character and demonstrate sin21 cere motivation and dedication to law enforcement

22 and public service;

23 (E) in the case of an undergraduate, agree in

24 writing that the participant will complete an edu25 cational course of study leading to the award of a
26

•S 1356 IS

1 baccalaureate degree in law- or criminal justice-re2 lated studies and will then accept an appointment

3 and complete 4 years of service as an officer in the

4 State police or in a local police department within

5 the State;

6 (F) in the case of a participant desiring to un7 dertake or continue graduate study in law- or crimi8 nal justice-related studies, agree in writing that the

9 participant will accept an appointment and complete

10 4 years of service as an officer in the State police

11 or in a local police department within the State be12 fore undertaking or continuing graduate study;

13 (G) contract, with the consent of the partici14 pant’s parent or guardian if the participant is a

15 minor, to serve for 4 years as an officer in the State

16 police or in a local police department, if an appoint17 ment is offered; and

18 (H) except as provided in paragraph (2), be

19 without previous law enforcement experience; and

20 (2)(A) Until the date that is 5 years after the date

21 of enactment of this Act, up to 10 percent of the appli22 cants accepted into the Police Corps program may be per23 sons who—

24 (i) have had some law enforcement experience;

25 and
27

•S 1356 IS

1 (ii) have demonstrated special leadership poten2 tial and dedication to law enforcement.

3 (B)(i) The prior period of law enforcement of a par4 ticipant selected pursuant to subparagraph (A) shall not

5 be counted toward satisfaction of the participant’s 4-year

6 service obligation under section 127, and such a partici7 pant shall be subject to the same benefits and obligations

8 under this subtitle as other participants, including those

9 stated in paragraph (1) (E) and (F).

10 (ii) Clause (i) shall not be construed to preclude

11 counting a participant’s previous period of law enforce12 ment experience for purposes other than satisfaction of the

13 requirements of section 127, such as for purposes of deter14 mining such a participant’s pay and other benefits, rank,

15 and tenure.

16 (3) It is the intent of this chapter that there shall

17 be no more than 20,000 participants in each graduating

18 class. The Director shall approve State plans providing in

19 the aggregate for such enrollment of applicants as shall

20 ensure, as nearly as possible, that there will be annual

21 graduating classes of 20,000. Each State shall be entitled

22 to at least 250 participants. In a year in which applica23 tions are received in a number greater than that which

24 will produce, in the judgment of the Director, a graduating

25 class of more than 20,000, the Director shall, in deciding
28

•S 1356 IS

1 which applications to grant, give preference to those who

2 will be participating in State plans that provide law en3 forcement personnel to urban and rural areas of greatest

4 need.

5 (c) RECRUITMENT OF MINORITIES.—Each State par6 ticipating in the Police Corps program shall make special

7 efforts to seek and recruit qualified applicants from among

8 members of all racial, ethnic or gender groups. This sub9 section does not authorize an exception from the competi10 tive standards for admission established pursuant to sub11 sections (a) and (b).

12 (d) ENROLLMENT OF APPLICANT.—(1) An applicant

13 shall be accepted into a State Police Corps program on

14 the condition that the applicant will be matriculated in,

15 or accepted for admission at, an institution of higher edu16 cation—

17 (A) as a full-time student in an undergraduate

18 program leading to the award of a baccalaureate de19 gree; or

20 (B) for purposes of taking a graduate or profes21 sional course.

22 (2) If the applicant is not matriculated or accepted

23 as set forth in paragraph (1), the applicant’s acceptance

24 in the program shall be revoked.
29

•S 1356 IS

1 (e) LEAVE OF ABSENCE.—(1) A participant in a

2 State Police Corps program who requests a leave of ab3 sence from educational study, training or service for a pe4 riod not to exceed 1 year (or 18 months in the aggregate

5 in the event of multiple requests) due to temporary phys6 ical or emotional disability shall be granted such leave of

7 absence by the State.

8 (2) A participant who requests a leave of absence

9 from educational study, training or service for a period

10 not to exceed 1 year (or 18 months in the aggregate in

11 the event of multiple requests) for any reason other than

12 those listed in paragraph (1) may be granted such leave

13 of absence by the State.

14 (3) A participant who requests a leave of absence

15 from educational study or training for a period not to ex16 ceed 30 months to serve on an official church mission may

17 be granted such leave of absence.

18 (f) ADMISSION OF APPLICANTS.—An applicant may

19 be admitted into a State Police Corps program either be20 fore commencement of or during the applicant’s course of

21 educational study.

22 SEC. 127. SERVICE OBLIGATION.

23 (a) SWEARING IN.—Upon completing satisfactorily

24 the participant’s course of education and meeting the re25 quirements of the police force to which the participant is
30

•S 1356 IS

1 assigned, a participant shall be sworn in as a member of

2 the police force to which the participant is assigned pursu3 ant to the State Police Corps plan, and shall serve for

4 4 years as a member of that police force.

5 (b) RIGHTS AND RESPONSIBILITIES.—A participant

6 shall have all of the rights and responsibilities of and shall

7 be subject to all rules and regulations applicable to other

8 members of the police force of which the participant is

9 a member, including those contained in applicable agree10 ments with labor organizations and those provided by

11 State and local law.

12 (c) DISCIPLINE.—If the police force of which the par13 ticipant is a member subjects the participant to discipline

14 such as would preclude the participant’s completing 4

15 years of service, and result in denial of educational assist16 ance under section 125, the Director may, upon a showing

17 of good cause, permit the participant to complete the serv18 ice obligation in an equivalent alternative law enforcement

19 service and, if such service is satisfactorily completed, sec20 tion 125(d)(1)(C) shall not apply.

21 (d) LAYOFFS.—If the police force of which the partic22 ipant is a member lays off the participant such as would

23 preclude the participant’s completing 4 years of service,

24 and result in denial of educational assistance under sec25 tion 125, the Director may permit the participant to com-
31

•S 1356 IS

1 plete the service obligation in an equivalent alternative law

2 enforcement service and, if such service is satisfactorily

3 completed, section 125(d)(1)(C) shall not apply.

4 SEC. 128. STATE PLAN REQUIREMENTS.

5 A State Police Corps plan shall—

6 (1) provide for the screening and selection of

7 participants in accordance with the criteria set out

8 in section 126;

9 (2) state procedures governing the assignment

10 of participants in the Police Corps program to State

11 and local police forces (no more than 10 percent of

12 all the participants assigned in each year by each

13 State to be assigned to a statewide police force or

14 forces);

15 (3) provide that participants shall be assigned

16 to those geographic areas in which—

17 (A) there is the greatest need for addi18 tional law enforcement personnel; and

19 (B) the participants will be used most ef20 fectively;

21 (4) provide that to the extent consistent with

22 paragraph (3), a participant shall be assigned to an

23 area near the participant’s home or such other place

24 as the participant may request;
32

•S 1356 IS

1 (5) provide that to the extent feasible, a partici2 pant’s assignment shall be made at the time the par3 ticipant is accepted into the program, subject to

4 change—

5 (A) prior to commencement of a partici6 pant’s fourth year of undergraduate study,

7 under such circumstances as the plan may

8 specify; and

9 (B) from commencement of a participant’s

10 fourth year of undergraduate study until com11 pletion of 4 years of police service by partici12 pant, only for compelling reasons or to meet the

13 needs of the State Police Corps program and

14 only with the consent of the participant;

15 (6) provide that no participant shall be assigned

16 to serve with a local police force—

17 (A) the size of which has declined by more

18 than 5 percent during the preceding year; or

19 (B) which has members who have been laid

20 off but not retired;

21 (7) provide that participants shall be placed and

22 to the extent feasible kept on community and pre23 ventive patrol;

24 (8) assure that participants will receive effective

25 training and leadership;
33

•S 1356 IS

1 (9) provide that the State may decline to offer

2 a participant an appointment or may remove a par3 ticipant from the Police Corps program at any time,

4 only for good cause (including failure to make satis5 factory progress in a course of educational study)

6 and after following reasonable review procedures

7 stated in the plan;

8 (10) provide for the direct involvement of law

9 enforcement officials in determining the number of

10 participants and their assignments; and

11 (11) provide that a participant shall, while serv12 ing as a member of a police force, be compensated

13 at the same rate of pay and benefits and enjoy the

14 same rights under applicable agreements with labor

15 organizations and under State and local law as other

16 police officers of the same rank and tenure in the

17 police force of which the participant is a member.

18 SEC. 129. REPORTS TO CONGRESS.

19 (a) ANNUAL REPORTS.—(1) Not later than April 1

20 of each year, the Director shall submit a report to the

21 Attorney General, the President, the Speaker of the House

22 of Representatives, and the President pro tempore of the

23 Senate.

24 (2) The report described in paragraph (1) shall—
34

•S 1356 IS

1 (A) state the number of current and past par2 ticipants in the Police Corps program, categorized

3 according to the levels of educational study in which

4 they are engaged and years of service they have

5 served on police forces (including service following

6 completion of the 4-year service obligation); and

7 (B) describe the geographic dispersion of par8 ticipants in the Police Corps program.

9 SEC. 130. AUTHORIZATION OF APPROPRIATIONS.

10 There are authorized to be appropriated to the De11 partment of Justice to carry out this chapter—

12 (1) $50,000,000 for fiscal year 1994;

13 (2) $100,000,000 for fiscal year 1995; and

14 (3) $100,000,000 for fiscal year 1996.

15 CHAPTER 4—COMMUNITY POLICING

16 GRANTS

17 SEC. 141. COMMUNITY POLICING GRANTS.

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

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

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

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

22 (2) by redesignating section 1801 as section

23 1901; and

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

25 part:
35

•S 1356 IS

1 ‘‘PART R—COMMUNITY POLICING GRANTS

2 ‘‘SEC. 1801. GRANT AUTHORIZATION.

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

4 of Justice Assistance may make grants to units of local

5 government and to community groups to establish or ex6 pand cooperative efforts between police and a community

7 for the purposes of increasing police presence in the

8 community, including—

9 ‘‘(1) developing innovative neighborhood-ori10 ented policing programs;

11 ‘‘(2) providing new technologies to reduce the

12 amount of time officers spend processing cases in13 stead of patrolling the community;

14 ‘‘(3) purchasing equipment to improve commu15 nications between officers and the community and to

16 improve the collection, analysis, and use of informa17 tion about crime-related community problems;

18 ‘‘(4) developing policies that reorient police em19 phasis from reacting to crime to preventing crime;

20 ‘‘(5) creating decentralized police substations

21 throughout the community to encourage interaction

22 and cooperation between the public and law enforce23 ment personnel on a local level;

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

25 community crime problems;
36

•S 1356 IS

1 ‘‘(7) providing training in cultural differences

2 for law enforcement officials;

3 ‘‘(8) developing community-based crime preven4 tion programs, such as safety programs for senior

5 citizens, community anticrime groups, and other

6 anticrime awareness programs;

7 ‘‘(9) developing crime prevention programs in

8 communities that have experienced a recent increase

9 in gang-related violence; and

10 ‘‘(10) developing projects following the model

11 under subsection (b).

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

13 a written model that informs community members regard14 ing—

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

16 gang house;

17 ‘‘(2) what civil remedies, such as public nui18 sance violations and civil suits in small claims court,

19 are available; and

20 ‘‘(3) what mediation techniques are available

21 between community members and individuals who

22 have established a drug or gang house in the com23 munity.
37

•S 1356 IS

1 ‘‘SEC. 1802. APPLICATION.

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

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

4 government, a duly authorized representative of a com5 bination of local governments within a geographic region,

6 or a community group shall submit an application to the

7 Director in such form and containing such information as

8 the Director may reasonably require.

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

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

11 designated as responsible for the coordination, implemen12 tation, administration, accounting, and evaluation of serv13 ices described in the application.

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

15 subsection (a) shall include—

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

17 part for the purposes described in section 1801;

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

19 to be served by the grant; and

20 ‘‘(3) assurances that Federal funds received

21 under this part shall be used to supplement, not

22 supplant, non-Federal funds that would otherwise be

23 available for activities funded under this part.

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

25 include a comprehensive plan that contains—
38

•S 1356 IS

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

2 the areas targeted for assistance;

3 ‘‘(2) a description of the projects to be devel4 oped;

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

6 the community to implement the plan together with

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

8 filled with existing resources;

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

10 shall be used to fill those gaps;

11 ‘‘(5) a description of the system the applicant

12 shall establish to prevent and reduce crime problems;

13 and

14 ‘‘(6) an evaluation component, including per15 formance standards and quantifiable goals the appli16 cant shall use to determine project progress, and the

17 data the applicant shall collect to measure progress

18 toward meeting project goals.

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

20 GRANTS.

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

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

23 to units of local government or combinations of such units

24 and not more than 20 percent of the funds available under
39

•S 1356 IS

1 this part to community groups. Each State shall receive

2 at least .50 percent of the funds available under this part.

3 ‘‘(b) ADMINISTRATIVE COST LIMITATION.—The Di4 rector shall use not more than 5 percent of the funds avail5 able under this part for the purposes of administration,

6 technical assistance, and evaluation.

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

8 may be renewed for up to 2 additional years after the first

9 fiscal year during which the recipient receives its initial

10 grant, subject to the availability of funds, if the Director

11 determines that the funds made available to the recipient

12 during the previous year were used in a manner required

13 under the approved application and if the recipient can

14 demonstrate significant progress toward achieving the

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

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

17 grant made under this part may not exceed 75 percent

18 of the total costs of the projects described in the applica19 tion submitted under section 1802 for the fiscal year for

20 which the projects receive assistance under this part.

21 ‘‘SEC. 1804. AWARD OF GRANTS.

22 ‘‘The Director shall consider the following factors in

23 awarding grants to units of local government or combina24 tions of such units under this part:
40

•S 1356 IS

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

2 and evidence of the ability to provide the services de3 scribed in the plan required under section 1802(c).

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

5 of the ability to coordinate community-wide response

6 to crime.

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

8 maintain a program to control and prevent crime

9 after funding under this part is no longer available.

10 ‘‘SEC. 1805. REPORTS.

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

12 funds under this part shall submit to the Director not

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

14 progress achieved in carrying out the plan required under

15 section 1802(c).

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

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

18 containing—

19 ‘‘(1) a detailed statement regarding grant

20 awards and activities of grant recipients; and

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

22 this part.

23 ‘‘SEC. 1806. DEFINITIONS.

24 ‘‘In this part—
41

•S 1356 IS

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

2 nonprofit organization that has a primary purpose of

3 crime prevention.

4 ‘‘ ‘Director’ means the Director of the Bureau

5 of Justice Assistance.’’.

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

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

8 Act of 1968 (42 U.S.C. 3711 et seq.), as amended by sec9 tion 112(b), is amended by striking the matter relating

10 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.’’.

11 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

12 1001(a) of title I of the Omnibus Crime Control and Safe

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

14 section 112(c), is amended—

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

16 inserting ‘‘Q and R’’; and

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

18 paragraph:
42

•S 1356 IS

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

2 carry out projects under part R $60,000,000 for each of

3 fiscal years 1994, 1995, 1996, 1997, and 1998.’’.

4 CHAPTER 5—IMPROVED TRAINING AND

5 TECHNICAL AUTOMATION

6 SEC. 151. GRANTS.

7 (a) IN GENERAL.—The Attorney General shall make

8 grants to units of State and local law enforcement for the

9 purposes of improving law enforcement agency efficiency

10 through computerized automation and technological im11 provements.

12 (b) TYPES OF PROGRAMS.—Grants under this section

13 may include programs to—

14 (1) increase use of mobile digital terminals;

15 (2) improve communications systems;

16 (3) accomplish paper-flow reduction;

17 (4) establish or improve ballistics identification

18 programs; and

19 (5) increase the application of automated fin20 gerprint identification systems and their communica21 tions on an interstate and intrastate basis.

22 SEC. 152. TRAINING COURSES.

23 (a) IN GENERAL.—The Attorney General shall ex24 pand and improve investigative and managerial training

25 courses for State and local law enforcement agencies.
43

•S 1356 IS

1 (b) IMPROVEMENT OF FACILITIES.—The improve2 ment described in subsection (a) shall include improve3 ments of the training facilities of the Federal Bureau of

4 Investigation Academy at Quantico, Virginia.

5 SEC. 153. AUTHORIZATION OF APPROPRIATIONS.

6 There is authorized to be appropriated to carry out

7 this chapter $100,000,000 for fiscal year 1994.

8 Subtitle B—Prisons

9 CHAPTER 1—REGIONAL PRISONS FOR

10 VIOLENT CRIMINALS AND VIOLENT

11 CRIMINAL ALIENS

12 SEC. 161. DEFINITIONS.

13 In this chapter—

14 ‘‘child abuse offense’’ means an offense under

15 Federal or State law that constitutes sexual exploi16 tation of children or selling or buying of children

17 within the meaning of chapter 110 of title 18,

18 United States Code.

19 ‘‘firearm offense’’ means an offense under Fed20 eral or State law committed while the offender is in

21 possession of a firearm or while an accomplice of the

22 offender, to the knowledge of the offender, is in pos23 session of a firearm.

24 ‘‘crime of violence’’ means a felony offense

25 under Federal or State law that is a crime of vio-
44

•S 1356 IS

1 lence within the meaning of section 16 of title 18,

2 United States Code.

3 ‘‘qualifying prisoner’’ means—

4 (A) an alien who is in this country illegally

5 or unlawfully and who has been convicted of a

6 crime of violence (as defined in section

7 924(c)(3) of title 18, United States Code) or a

8 serious drug offense (as defined in section

9 924(e)(2)(A) of title 18, United States Code);

10 and

11 (B) a violent criminal.

12 ‘‘sex offense’’ means an offense under Federal

13 or State law that constitutes aggravated sexual

14 abuse, sexual abuse, sexual abuse of a minor or

15 ward, or abusive sexual contact within the meaning

16 of chapter 109A of title 18, United States Code.

17 ‘‘violent criminal’’—

18 (A) means a person convicted under Fed19 eral law of an offense described in, under the

20 circumstances described in, the provisions of

21 section 924 (c) or (e) of title 18 or section

22 994(h) of title 28, United States Code, or under

23 State law for the same or a similar offense; and

24 (B) insofar as any of the circumstances de25 scribed in an offense described in subparagraph
45

•S 1356 IS

1 (A) is the prior conviction of an offense, in2 cludes a person who had been adjudicated as a

3 juvenile delinquent by reason of the commission

4 of an act that, if committed by an adult, would

5 constitute such an offense.

6 SEC. 162. CONSTRUCTION OF PRISONS.

7 The Attorney General shall construct a minimum of

8 10 regional prisons, situated throughout the United

9 States, each containing space for at least 2,500 inmates.

10 At least 50 percent of the overall capacity of such prisons

11 in the aggregate shall be dedicated to qualifying prisoners

12 from qualifying States.

13 SEC. 163. ACCEPTANCE OF PRISONERS.

14 Any qualifying State may apply to the Attorney Gen15 eral to accept any qualifying prisoner. If, in the Attorney

16 General’s judgment there are likely to be more qualifying

17 prisoners than there is space available, then to the extent

18 that the Attorney General deems it practicable, the Attor19 ney General should seek to allocate space among qualify20 ing States in a proportion similar to the number of quali21 fying prisoners held by that State in relation to the total

22 number of qualifying prisoners from qualifying States.
46

•S 1356 IS

1 SEC. 164. QUALIFYING STATE.

2 (a) IN GENERAL.—The Attorney General shall not

3 certify a State as a qualifying State under this chapter

4 unless the State is providing—

5 (1) truth in sentencing with respect to any

6 crime of violence that is consistent with that pro7 vided in the Federal system in chapter 229 of title

8 18, United States Code, which provides that defend9 ants will serve at least 85 percent of the sentence or10 dered and which provides for a binding sentencing

11 guideline system in which sentencing judges’ discre12 tion is limited to ensure greater uniformity in sen13 tencing;

14 (2) pretrial detention similar to that provided in

15 the Federal system under section 3142 of title 18,

16 United States Code;

17 (3) sentences for firearm offenders, violent

18 criminals, sex offenders, and child abuse offenders

19 that, after application of relevant sentencing guide20 lines, result in the imposition of sentences that are

21 at least as long as those imposed under Federal law

22 (after application of relevant sentencing guidelines);

23 and

24 (4) suitable recognition for the rights of vic25 tims, including consideration of the victim’s perspec-
47

•S 1356 IS

1 tive at all appropriate stages of criminal proceed2 ings.

3 (b) DISQUALIFICATION.—The Attorney General shall

4 withdraw a State’s status as a qualifying State if the At5 torney General finds that the State no longer appro6 priately provides for the matters described in subsection

7 (a) or has ceased making substantial progress toward at8 taining them, in which event the State shall no longer be

9 entitled to the benefits of this chapter, except to the extent

10 the Attorney General otherwise directs.

11 (c) WAIVER.—The Attorney General may waive any

12 of the requirements of this section with respect to a par13 ticular State if the Attorney General certifies that, in the

14 Attorney General’s judgment, there are compelling law en15 forcement reasons for doing so. Any State granted any

16 such waiver shall be treated as a qualifying State for all

17 purposes of this chapter, unless the Attorney General oth18 erwise directs.

19 SEC. 165. AUTHORIZATION OF APPROPRIATIONS.

20 There are authorized to be appropriated to carry out

21 this chapter—

22 (1) $200,000,000 for fiscal year 1994;

23 (2) $400,000,000 for fiscal year 1995;

24 (3) $400,000,000 for fiscal year 1996;

25 (4) $500,000,000 for fiscal year 1997; and
48

•S 1356 IS

1 (5) $500,000,000 for fiscal year 1998.

2 CHAPTER 2—FEDERAL GRANTS FOR

3 STATE PRISON CONSTRUCTION AND

4 OPERATION

5 SEC. 171. DEFINITION.

6 In this chapter, ‘‘new prison’’ means—

7 (1) a prison or city or county detention facility,

8 including an addition to an existing prison or city or

9 county detention facility, certified by the State, and

10 approved by the Attorney General, as providing ad11 ditional prison capacity beyond that which the State

12 previously had available or had already planned to

13 construct; and

14 (2) a prison that is principally dedicated, as de15 termined by the Attorney General, to housing repeat

16 violent offenders and sex offenders.

17 SEC. 172. GRANTS.

18 The Attorney General may enter into agreements

19 with any qualifying State to provide construction grants

20 or operating grants for new prisons.

21 SEC. 173. CONSTRUCTION GRANTS.

22 The Attorney General may make construction grants

23 for up to 50 percent of the construction costs, as approved

24 by the Director of the Federal Bureau of Prisons, for new

25 prisons.
49

•S 1356 IS

1 SEC. 174. OPERATING GRANTS.

2 The Attorney General may make operating grants for

3 up to 50 percent of the operating costs, as approved by

4 the Director of the Federal Bureau of Prisons, for new

5 prisons.

6 SEC. 175. CANCELING GRANTS.

7 The Attorney General may, in the Attorney General

8 sole discretion, cancel any construction grant or operating

9 grant if the Attorney General finds that a State is using

10 those funds to substitute for existing funds or to provide

11 prison space that substitutes for existing prison space.

12 SEC. 176. DISTRIBUTION OF GRANTS.

13 The Attorney General shall ensure that each State

14 receives no less than 50 percent of the funds made avail15 able under this chapter.

16 SEC. 177. AUTHORIZATION OF APPROPRIATIONS.

17 There is authorized to be appropriated to carry out

18 this chapter $200,000,000 for each of fiscal years 1994,

19 1995, 1996, 1997, and 1998, of which 50 percent shall

20 be used for construction grants and 50 percent shall be

21 used for operating grants, except that the Attorney Gen22 eral may alter those allocations if the Attorney General

23 certifies that there are compelling law enforcement rea24 sons for doing so.
50

•S 1356 IS

1 CHAPTER 3—JUDICIAL REMEDIES FOR

2 PRISON CROWDING

3 SEC. 181. PURPOSE.

4 The purpose of this chapter is to provide for reason5 able and proper enforcement of the eighth amendment.

6 SEC. 182. FINDINGS.

7 The Congress finds that—

8 (1) the Federal courts are unreasonably endan9 gering the community by issuing sweeping prison

10 and jail cap orders as a remedy for detention condi11 tions that they hold are in conflict with the eighth

12 amendment; and

13 (2) eighth amendment holdings frequently are

14 unjustified because of the absence of a plaintiff in15 mate who has proven that detention conditions in16 flict cruel and unusual punishment of that inmate.

17 SEC. 183. APPROPRIATE REMEDIES.

18 (a) AMENDMENT OF TITLE 18, UNITED STATES

19 CODE.—Subchapter C of chapter 229 of part 2 of title

20 18, United States Code, is amended by adding at the end

21 the following new section:

22 ‘‘§ 3626. Appropriate remedies with respect to prison

23 crowding

24 ‘‘(a) REQUIREMENT OF SHOWING WITH RESPECT TO

25 THE PLAINTIFF IN PARTICULAR.—
51

•S 1356 IS

1 ‘‘(1) HOLDING.—A Federal court shall not hold

2 prison or jail crowding unconstitutional under the

3 eighth amendment except to the extent that an indi4 vidual plaintiff inmate proves that the crowding

5 causes the infliction of cruel and unusual punish6 ment of that inmate.

7 ‘‘(2) RELIEF.—The relief in a case described in

8 paragraph (1) shall extend no further than nec9 essary to remove the conditions that are causing the

10 cruel and unusual punishment of the plaintiff in11 mate.

12 ‘‘(b) INMATE POPULATION CEILINGS.—

13 ‘‘(1) REQUIREMENT OF SHOWING WITH RE14 SPECT TO PARTICULAR PRISONERS.—A Federal

15 court shall not place a ceiling on the inmate popu16 lation of any Federal, State, or local detention facil17 ity as an equitable remedial measure for conditions

18 that violate the eighth amendment unless crowding

19 is inflicting cruel and unusual punishment on par20 ticular identified prisoners.

21 ‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1)

22 shall not be construed to have any effect on Federal

23 judicial power to issue equitable relief other than

24 that described in paragraph (1), including the re25 quirement of improved medical or health care and
52

•S 1356 IS

1 the imposition of civil contempt fines or damages,

2 where such relief is appropriate.

3 ‘‘(c) PERIODIC REOPENING.—Each Federal court

4 order seeking to remedy an eighth amendment violation

5 shall be reopened at the behest of a defendant for rec6 ommended modification at a minimum of 2-year inter7 vals.’’.

8 (b) APPLICATION OF AMENDMENT.—Section 3626 of

9 title 18, United States Code, as added by paragraph (1),

10 shall apply to all outstanding court orders on the date of

11 enactment of this Act. Any State or municipality shall be

12 entitled to seek modification of any outstanding eighth

13 amendment decree pursuant to that section.

14 (c) TECHNICAL AMENDMENT.—The subchapter anal15 ysis for subchapter C of chapter 229 of title 18, United

16 States Code, is amended by adding at the end the follow17 ing new item:

‘‘3626. Appropriate remedies with respect to prison crowding.’’.

18 (d) SUNSET PROVISION.—This chapter and the

19 amendments made by this chapter are repealed effective

20 as of the date that is 5 years after the date of enactment

21 of this Act.
53

•S 1356 IS

1 CHAPTER 4—SENTENCES TO ACCOUNT

2 FOR COSTS TO THE GOVERNMENT OF

3 IMPRISONMENT, RELEASE, AND PRO4 BATION

5 SECTION 191. IMPOSITION OF SENTENCE.

6 Section 3572(a) of title 18, United States Code, is

7 amended—

8 (1) by redesignating paragraphs (6) and (7) as

9 paragraphs (7) and (8), respectively; and

10 (2) by inserting after paragraph (5) the follow11 ing new paragraph:

12 ‘‘(6) the expected costs to the government of

13 any imprisonment, supervised release, or probation

14 component of the sentence;’’.

15 SEC. 192. DUTIES OF THE SENTENCING COMMISSION.

16 Section 994 of title 28, United States Code, is

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

19 ‘‘(y) The Commission, in promulgating guidelines

20 pursuant to subsection (a)(1), may include, as a compo21 nent of a fine, the expected costs to the Government of

22 any imprisonment, supervised release, or probation sen23 tence that is ordered.’’.
54

•S 1356 IS

1 TITLE II—SAFE SCHOOLS

2 SEC. 201. DEFINITION.

3 In this title, ‘‘former member of the Armed Forces’’

4 means a member of the Armed Forces of the United

5 States who is involuntarily separated from the Armed

6 Forces within the meaning of section 1141 of title 10,

7 United States Code.

8 SEC. 202. AMERICA’S SAFE SCHOOLS PROGRAM.

9 (a) PROGRAM ESTABLISHMENT.—

10 (1) AMERICA’S SAFE SCHOOLS PROGRAM.—The

11 program established by this section shall be referred

12 to as ‘‘America’s Safe Schools Program’’.

13 (2) AGREEMENTS.—The Secretary of Edu14 cation, in consultation with the Secretary of De15 fense, may enter into an agreement with a local edu16 cational agency to pay, and may pay, for a period

17 of 6 years, including any required periods of train18 ing, the salaries of former members of the Armed

19 Forces who are hired within 5 years after the date

20 of enactment of this Act as teachers assigned to

21 public elementary and secondary schools.

22 (b) AMOUNT.—

23 (1) MAXIMUM.—(A) The maximum Federal

24 share of an annual salary for the first 3 years that

25 a teacher may be paid under an agreement described
55

•S 1356 IS

1 in subsection (a) is the annual salary earned by the

2 teacher during his or her last year as a member of

3 the Armed Forces.

4 (B) The maximum Federal share of an annual

5 salary for the 4th through 6th years that a teacher

6 may be paid under an agreement described in sub7 section (a) is 50 percent of the annual salary earned

8 by the teacher during his or her last year as a mem9 ber of the Armed Forces.

10 (2) ENTRY LEVEL.—To the extent that it is

11 practicable to do so, a local educational agency shall

12 hire a former member of the Armed Forces whose

13 salary is to be paid under an agreement described in

14 subsection (a) at a level of seniority, in consideration

15 of the former member’s years of service and training

16 as a member of the Armed Forces, that will permit

17 the former member to be paid at least the maximum

18 amount of annual salary under paragraph (1).

19 (3) PRIORITY.—In making awards under this

20 section the Attorney General may give priority to

21 agencies located in communities that are adversely

22 affected by the recent closing of a military base or

23 facility.
56

•S 1356 IS

1 (4) FORMULA.—The Attorney General shall en2 sure that each State receives no less than .50 per3 cent of the funds made available under this title.

4 (c) ENLARGEMENT OF TEACHING STAFF.—It shall

5 be a condition to payment of salaries under an agreement

6 described in subsection (a) that the number of teachers

7 in the public elementary and secondary schools in the

8 school district served by the local educational agency (not

9 including teachers whose salaries are paid in whole or in

10 part under this title) shall not be diminished during the

11 term of the agreement.

12 (d) PRIORITY FOR SAFE SCHOOL DISTRICTS.—The

13 Secretary of Education shall give priority to school dis14 tricts that have qualified as a safe school district under

15 section 104 in entering into agreements under this section.

16 (e) AUTHORIZATION OF APPROPRIATIONS.—There

17 are authorized to be appropriated to carry out the pro18 gram authorized by this section $100,000,000 for each of

19 fiscal years 1994, 1995, 1996, 1997, and 1998.

20 SEC. 203. FEDERAL SAFE SCHOOL DISTRICTS.

21 (a) ELECTION TO QUALIFY.—

22 (1) IN GENERAL.—By decision of a local edu23 cational agency or by referendum of the voters in a

24 school district served by a local educational agency,
57

•S 1356 IS

1 a school district may elect to qualify as a Federal

2 safe school district under this section.

3 (2) DEFINITION.—In this section, ‘‘local edu4 cational agency’’ has the meaning stated in section

5 1471 of the Elementary and Secondary Education

6 Act of 1965 (20 U.S.C. 2891).

7 (b) FUNDING FOR ENHANCED SCHOOL SECURITY.—

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

9 make a grant to a local educational agency serving

10 a Federal safe school district or to a local law en11 forcement agency with jurisdiction over the school

12 district, as appropriate, to pay for enhanced school

13 security measures.

14 (2) ENHANCED SCHOOL SECURITY MEAS15 URES.—The measures that may be funded by a

16 grant under paragraph (1) include—

17 (A) equipping schools with metal detectors,

18 fences, closed circuit cameras, and other phys19 ical security measures;

20 (B) providing increased police patrols in

21 and around schools, including police hired pur22 suant to this title;

23 (C) mailings to parents at the beginning of

24 the school year stating that the possession of a
58

•S 1356 IS

1 gun or other weapon in school will not be toler2 ated by school authorities;

3 (D) signs on each school indicating that

4 the school is part of a Federal Safe School Dis5 trict; and

6 (E) gun hotlines.

7 (c) ENHANCED MANDATORY PENALTIES FOR DRUG

8 TRAFFICKING AND WEAPONS OFFENSES.—

9 (1) APPLICATION OF FEDERAL LAW.—Notwith10 standing any other provision of law, in a Federal

11 safe school district—

12 (A) the offenses enacted by paragraph (2)

13 shall apply;

14 (B) the United States attorney for the ju15 dicial district in which the school district is lo16 cated shall prosecute as an adult any juvenile

17 16 years of age or older who uses or carries a

18 firearm in or within 1,000 feet of a public or

19 private elementary or secondary school.

20 (2) OFFENSES.—(A) Section 922 of title 18,

21 United States Code, is amended by adding at the

22 end the following new subsection:

23 ‘‘(s) It shall be unlawful for—

24 ‘‘(1) a person who is less than 18 years of age;

25 or
59

•S 1356 IS

1 ‘‘(2) a person who is 18 years of age or older

2 who does not have lawful authority to do so,

3 to carry a firearm or otherwise cause a firearm to be

4 transported into a public or private elementary or second5 ary school, or to possess a firearm within such a school,

6 that is located within a school district that has elected to

7 qualify as a Federal safe school district under section 203

8 of the Neighborhood Security Act of 1993.’’.

9 (B) Section 924 of title 18, United States Code,

10 is amended by adding at the end the following new

11 subsection:

12 ‘‘(i)(1) A person who knowingly violates section

13 922(s) shall be fined under this title, imprisoned not more

14 than 5 years, or both.

15 ‘‘(2) A person who knowingly violates section 922(s)

16 by using a firearm shall be imprisoned for not more than

17 10 years.’’.

18 (C) The United States Sentencing Commission

19 shall review and amend its sentencing guidelines to

20 assign an offense level of at least 26 to a first of21 fense under section 924(i)(2) of title 18, United

22 States Code, as added by subparagraph (B).

23 (d) AUTHORIZATION OF APPROPRIATIONS.—There

24 are authorized to be appropriated to carry out the pro-
60

•S 1356 IS

1 gram authorized by this section $100,000,000 for each of

2 fiscal years 1994, 1995, 1996, 1997, and 1998.

3 TITLE III—CRIMINAL ALIENS

4 AND ALIEN SMUGGLING

5 Subtitle A—Deportation of

6 Criminal Aliens

7 SEC. 301. DEPORTATION PROCEDURES FOR CERTAIN

8 CRIMINAL ALIENS WHO ARE NOT PERMA9 NENT RESIDENTS.

10 (a) ELIMINATION OF ADMINISTRATIVE HEARING FOR

11 CERTAIN CRIMINAL ALIENS.—Section 242A of the Immi12 gration and Nationality Act (8 U.S.C. 1252a) is amended

13 by adding at the end the following new subsection:

14 ‘‘(c) DEPORTATION OF ALIENS WHO ARE NOT PER15 MANENT RESIDENTS.—

16 ‘‘(1) Notwithstanding section 242, and subject

17 to paragraph (5), the Attorney General may issue a

18 final order of deportation against any alien described

19 in paragraph (2) whom the Attorney General deter20 mines to be deportable under section

21 241(a)(2)(A)(iii) (relating to conviction of an aggra22 vated felony).

23 ‘‘(2) An alien is described in this paragraph if

24 the alien—
61

•S 1356 IS

1 ‘‘(A) was not lawfully admitted for perma2 nent residence at the time that proceedings

3 under this section commenced, or

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

5 conditional basis (as described in section 216)

6 at the time that proceedings under this section

7 commenced.

8 ‘‘(3) The Attorney General may delegate the

9 authority in this section to the Commissioner or to

10 any District Director of the Service.

11 ‘‘(4) No alien described in this section shall be

12 eligible for—

13 ‘‘(A) any relief from deportation that the

14 Attorney General may grant in his discretion,

15 or

16 ‘‘(B) relief under section 243(h).

17 ‘‘(5) The Attorney General may not execute any

18 order described in paragraph (1) until 14 calendar

19 days have passed from the date that such order was

20 issued, in order that the alien has an opportunity to

21 apply for judicial review under section 106.’’.

22 (b) LIMITED JUDICIAL REVIEW.—Section 106 of the

23 Immigration and Nationality Act (8 U.S.C. 1105a) is

24 amended—
62

•S 1356 IS

1 (1) in the first sentence of subsection (a), by in2 serting ‘‘or pursuant to section 242A’’ after ‘‘under

3 section 242(b)’’;

4 (2) in subsection (a)(1) and subsection (a)(3),

5 by inserting ‘‘(including an alien described in section

6 242A)’’ after ‘‘aggravated felony’’; and

7 (3) by adding at the end the following new sub8 section:

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

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

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

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

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

14 (c) TECHNICAL AMENDMENTS.—Section 242A of the

15 Immigration and Nationality Act (8 U.S.C. 1252a) is

16 amended—

17 (1) in subsection (a)—

18 (A) by striking ‘‘(a) IN GENERAL.—’’ and

19 inserting the following:

20 ‘‘(b) DEPORTATION OF PERMANENT RESIDENT

21 ALIENS.—

22 ‘‘(1) IN GENERAL.—’’; and

23 (B) by inserting in the first sentence ‘‘per24 manent resident’’ after ‘‘correctional facilities

25 for’’;
63

•S 1356 IS

1 (2) in subsection (b)—

2 (A) by striking ‘‘(b) IMPLEMENTATION.—’’

3 and inserting ‘‘(2) IMPLEMENTATION.—’’; and

4 (B) by striking ‘‘respect to an’’ and insert5 ing ‘‘respect to a permanent resident’’;

6 (3) by striking subsection (c);

7 (4) in subsection (d)—

8 (A) by striking ‘‘(d) EXPEDITED PRO9 CEEDINGS.—(1)’’ and inserting ‘‘(3) EXPE10 DITED PROCEEDINGS.—(A)’’;

11 (B) by inserting ‘‘permanent resident’’

12 after ‘‘in the case of any’’; and

13 (C) by striking ‘‘(2)’’ and inserting ‘‘(B)’’;

14 (5) in subsection (e)—

15 (A) by striking ‘‘(e) REVIEW.—(1)’’ and

16 inserting ‘‘(4) REVIEW.—(A)’’;

17 (B) by striking the second sentence; and

18 (C) by striking ‘‘(2)’’ and inserting ‘‘(B)’’;

19 (6) by inserting after the section heading the

20 following new subsection:

21 ‘‘(a) PRESUMPTION OF DEPORTABILITY.—An alien

22 convicted of an aggravated felony shall be conclusively pre23 sumed to be deportable from the United States.’’; and

24 (7) by amending the heading to read as follows:
64

•S 1356 IS

‘‘EXPEDITED DEPORTATION OF ALIENS CONVICTED OF

COMMITTING AGGRAVATED FELONIES’’.

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

2 this section shall apply to all aliens against whom deporta3 tion proceedings are initiated after the date of enactment

4 of this Act.

5 SEC. 302. JUDICIAL DEPORTATION.

6 (a) JUDICIAL DEPORTATION.—Section 242A of the

7 Immigration and Nationality Act (8 U.S.C. 1252a) is

8 amended by adding at the end the following new sub9 section:

10 ‘‘(d) JUDICIAL DEPORTATION.—

11 ‘‘(1) AUTHORITY.—Notwithstanding any other

12 provision of this Act, a United States district court

13 shall have jurisdiction to enter a judicial order of de14 portation at the time of sentencing against an alien

15 whose criminal conviction causes such alien to be de16 portable under section 241(a)(2)(A)(iii) (relating to

17 conviction of an aggravated felony), if such an order

18 has been requested prior to sentencing by the United

19 States Attorney with the concurrence of the Com20 missioner.

21 ‘‘(2) PROCEDURE.—

22 ‘‘(A) The United States Attorney shall pro23 vide notice of intent to request judicial deporta-
65

•S 1356 IS

1 tion promptly after the entry in the record of

2 an adjudication of guilt or guilty plea. Such no3 tice shall be provided to the court, to the alien,

4 and to the alien’s counsel of record.

5 ‘‘(B) Notwithstanding section 242B, the

6 United States Attorney, with the concurrence of

7 the Commissioner, shall file at least 20 days

8 prior to the date set for sentencing a charge

9 containing factual allegations regarding the

10 alienage of the defendant and satisfaction by

11 the defendant of the definition of aggravated

12 felony.

13 ‘‘(C) If the court determines that the de14 fendant has presented substantial evidence to

15 establish prima facie eligibility for relief from

16 deportation under section 212(c), the Commis17 sioner shall provide the court with a rec18 ommendation and report regarding the alien’s

19 eligibility for relief under such section. The

20 court shall either grant or deny the relief

21 sought.

22 ‘‘(D)(i) The alien shall have a reasonable

23 opportunity to examine the evidence against

24 him or her, to present evidence on his or her
66

•S 1356 IS

1 own behalf, and to cross-examine witnesses pre2 sented by the Government.

3 ‘‘(ii) The court, for the purposes of deter4 mining whether to enter an order described in

5 paragraph (1), shall only consider evidence that

6 would be admissible in proceedings conducted

7 pursuant to section 242(b).

8 ‘‘(iii) Nothing in this subsection shall limit

9 the information a court of the United States

10 may receive or consider for the purposes of im11 posing an appropriate sentence.

12 ‘‘(iv) The court may order the alien de13 ported if the Attorney General demonstrates by

14 clear and convincing evidence that the alien is

15 deportable under this Act.

16 ‘‘(3) NOTICE, APPEAL, AND EXECUTION OF JU17 DICIAL ORDER OF DEPORTATION.—

18 ‘‘(A)(i) A judicial order of deportation or

19 denial of such order may be appealed by either

20 party to the court of appeals for the circuit in

21 which the district court is located.

22 ‘‘(ii) Except as provided in clause (iii),

23 such appeal shall be considered consistent with

24 the requirements described in section 106.
67

•S 1356 IS

1 ‘‘(iii) Upon execution by the defendant of

2 a valid waiver of the right to appeal the convic3 tion on which the order of deportation is based,

4 the expiration of the period described in section

5 106(a)(1), or the final dismissal of an appeal

6 from such conviction, the order of deportation

7 shall become final and shall be executed at the

8 end of the prison term in accordance with the

9 terms of the order.

10 ‘‘(B) As soon as is practicable after entry

11 of a judicial order of deportation, the Commis12 sioner shall provide the defendant with written

13 notice of the order or deportation, which shall

14 designate the defendant’s country of choice for

15 deportation and any alternate country pursuant

16 to section 243(a).

17 ‘‘(4) DENIAL OF JUDICIAL ORDER.—Denial of a

18 request for a judicial order of deportation shall not

19 preclude the Attorney General from initiating depor20 tation proceedings pursuant to section 242 upon the

21 same ground of deportability or upon any other

22 ground of deportability provided under section

23 241(a).’’.

24 (b) TECHNICAL AMENDMENT.—The ninth sentence

25 of section 242(b) of the Immigration and Nationality Act
68

•S 1356 IS

1 (8 U.S.C. 1252(b)) is amended by striking ‘‘The’’ and in2 serting ‘‘Except as provided in section 242A(d), the’’.

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

4 this section shall apply to all aliens whose adjudication of

5 guilt or guilty plea is entered in the record after the date

6 of enactment of this Act.

7 SEC. 303. RESTRICTING DEFENSES TO DEPORTATION FOR

8 CERTAIN CRIMINAL ALIENS.

9 (a) DEFENSES BASED ON SEVEN YEARS OF PERMA10 NENT RESIDENCE.—The last sentence of section 212(c)

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

12 1182(c)) is amended by striking ‘‘has served for such fel13 ony or felonies’’ and all that follows through the period

14 and inserting ‘‘has been sentenced for such felony or felo15 nies to a term of imprisonment of at least 5 years, if the

16 time for appealing such conviction or sentence has expired

17 and the sentence has become final.’’.

18 (b) DEFENSES BASED ON WITHHOLDING OF DEPOR19 TATION.—Section 243(h)(2) of the Immigration and Na20 tionality Act (8 U.S.C. 1253(h)(2)) is amended—

21 (1) by striking the final sentence and inserting

22 the following new subparagraph:

23 ‘‘(E) the alien has been convicted of an ag24 gravated felony.’’; and
69

•S 1356 IS

1 (2) by striking ‘‘or’’ at the end of subparagraph

2 (C) and inserting ‘‘or’’ at the end of subparagraph

3 (D).

4 SEC. 304. ENHANCING PENALTIES FOR FAILING TO DE5 PART, OR REENTERING, AFTER FINAL ORDER

6 OF DEPORTATION.

7 (a) FAILURE TO DEPART.—Section 242(e) of the Im8 migration and Nationality Act (8 U.S.C. 1252(e)) is

9 amended—

10 (1) by striking ‘‘paragraph (2), (3), or 4 of’’

11 the first time it appears; and

12 (2) by striking ‘‘shall be imprisoned not more

13 than ten years’’ and inserting ‘‘shall be imprisoned

14 not more than four years, or shall be imprisoned not

15 more than ten years if the alien is a member of any

16 of the classes described in paragraph (1)(E), (2),

17 (3), or (4) of section 241(a).’’.

18 (b) REENTRY.—Section 276(b) of the Immigration

19 and Nationality Act (8 U.S.C. 1326(b)) is amended—

20 (1) in paragraph (1)—

21 (A) by inserting after ‘‘commission of’’ the

22 following: ‘‘three or more misdemeanors or’’;

23 and

24 (B) by striking ‘‘5’’ and inserting ‘‘10’’;
70

•S 1356 IS

1 (2) in paragraph (2), by striking ‘‘15’’ and in2 serting ‘‘20’’; and

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

4 ‘‘For the purposes of this subsection, the term ‘deporta5 tion’ includes any agreement in which an alien stipulates

6 to deportation during a criminal trial under either Federal

7 or State law.’’.

8 (c) COLLATERAL ATTACKS ON UNDERLYING DEPOR9 TATION ORDER.—Section 276 of the Immigration and Na10 tionality Act (8 U.S.C. 1326) is amended by adding after

11 subsection (b) the following new subsection:

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

13 alien may not challenge the validity of the deportation

14 order described in subsection (a)(1) or subsection (b) un15 less the alien demonstrates that—

16 ‘‘(1) the alien exhausted any administrative

17 remedies that may have been available to seek relief

18 against the order;

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

20 order was issued improperly deprived the alien of the

21 opportunity for judicial review; and

22 ‘‘(3) the entry of the order was fundamentally

23 unfair.’’.
71

•S 1356 IS

1 SEC. 305. MISCELLANEOUS AND TECHNICAL CHANGES.

2 (a) FORM OF DEPORTATION HEARINGS.—The sec3 ond sentence of section 242(b) of the Immigration and

4 Nationality Act (8 U.S.C. 1252(b)) is amended by insert5 ing before the period the following: ‘‘; except that nothing

6 in this subsection shall preclude the Attorney General

7 from authorizing proceedings by electronic or telephonic

8 media (with or without the consent of the alien) or, where

9 waived or agreed to by the parties, in the absence of the

10 alien.’’.

11 (b) CONSTRUCTION OF EXPEDITED DEPORTATION

12 REQUIREMENTS.— No amendment made by this Act and

13 nothing in section 242(i) of the Immigration and Nation14 ality Act (8 U.S.C. 1252(i)) shall be construed to create

15 any substantive or procedural right or benefit that is le16 gally enforceable by any party against the United States

17 or its agencies or officers or any other person.

18 Subtitle B—Prevention and

19 Punishment of Alien Smuggling

20 SEC. 311. INCREASED PENALTIES FOR ALIEN SMUGGLING.

21 Section 274(a) of the Immigration and Nationality

22 Act (8 U.S.C. 1324(a)) is amended—

23 (1) in paragraph (1)—

24 (A) by striking ‘‘or’’ at the end of subpara25 graph (C);
72

•S 1356 IS

1 (B) by striking the comma at the end of

2 subparagraph (D) and all that follows through

3 the period and inserting ‘‘; or’’; and

4 (C) by adding at the end the following:

5 ‘‘(E) engages in any conspiracy to commit any

6 of the preceding acts, or aids or abets the commis7 sion of any of the preceding acts,

8 shall be fined under title 18, United States Code, and shall

9 be imprisoned not more than 10 years, for each alien with

10 respect to whom any violation of this paragraph occurs.’’;

11 and

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

13 paragraphs:

14 ‘‘(3) Any person who commits an act described in

15 paragraph (1) who willfully subjects any alien to a sub16 stantial risk of death or serious bodily harm shall be sub17 ject to a term of imprisonment of not more than 10 years

18 in addition to any term of imprisonment imposed under

19 that paragraph.

20 ‘‘(4) Any person who in the perpetration of, or in the

21 attempt to perpetrate, any violation of paragraph (1),

22 causes the death of an alien shall be subject to the penalty

23 of death, or life imprisonment, subject to appropriate pro24 cedures under chapter 228 of title 18, United States Code.

25 ‘‘(5) Any person who hires for employment an alien—
73

•S 1356 IS

1 ‘‘(A) knowing that the alien is an unauthorized

2 alien (as defined in section 274A(h)(3)); and

3 ‘‘(B) knowing that the alien has been brought

4 into the United States in violation of this subsection,

5 shall be fined under title 18, United States Code, and shall

6 be imprisoned for not more than 5 years.’’.

7 SEC. 312. SMUGGLING ALIENS FOR COMMISSION OF

8 CRIMES.

9 Section 274(a)(2) of the Immigration and Nationality

10 Act (8 U.S.C. 1324(a)(2)) is amended—

11 (1) in subparagraph (B)—

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

13 (ii);

14 (B) by redesignating clause (iii) as clause

15 (iv); and

16 (C) by inserting after clause (ii) the follow17 ing:

18 ‘‘(iii) an offense committed with the

19 intent that the alien unlawfully brought

20 into the United States will commit an of21 fense against the United States punishable

22 for more than 1 year, including violations

23 of or attempted violations of or aiding and

24 abetting violations of or conspiring to vio25 late the Controlled Substances Act (21
74

•S 1356 IS

1 U.S.C. 802) or laws against prostitution,

2 importation of aliens for immoral purposes,

3 trafficking in firearms, money laundering,

4 gang activities, kidnapping or ransom de5 mands, fraudulent documents, or extortion,

6 the smuggling of known or suspected ter7 rorists or persons involved in organized

8 crime,’’; and

9 (2) at the end by striking ‘‘be fined’’ and all

10 that follows through the period and inserting the fol11 lowing: ‘‘be fined under title 18, United States Code,

12 and shall be imprisoned not more than 10 years.’’.

13 SEC. 313. ADDITION OF ALIEN SMUGGLING TO RICO.

14 Section 1961(1) of title 18, United States Code, is

15 amended—

16 (1) by striking ‘‘or’’ after ‘‘law of the United

17 States,’’;

18 (2) by inserting ‘‘or’’ at the end of subpara19 graph (E); and

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

21 ‘‘(F) any act in violation of section 274 of the

22 Immigration and Nationality Act.’’.
75

•S 1356 IS

1 SEC. 314. EXPANDED FORFEITURE FOR SMUGGLING OR

2 HARBORING ILLEGAL ALIENS.

3 Subsection 274(b) of the Immigration and National4 ity Act (8 U.S.C. 1324(b)) is amended—

5 (1) by striking ‘‘(b)(1) Any conveyance’’ and all

6 that follows through ‘‘of any State.’’ and inserting

7 the following:

8 ‘‘(b) SEIZURE AND FORFEITURE.—(1) Any property,

9 real or personal, which facilitates or is intended to facili10 tate, or which has been used in or is intended to be used

11 in the commission of a violation of subsection (a) or of

12 sections 274A(a)(1) or 274A(a)(2), or which constitutes

13 or is derived from or traceable to the proceeds obtained

14 directly or indirectly from a commission of a violation of

15 subsection (a), shall be subject to seizure and forfeiture,

16 except that—

17 ‘‘(A) no property used by any person as a com18 mon carrier in the transaction of business as a com19 mon carrier shall be forfeited under this paragraph

20 unless it appears that the owner or other person in

21 charge of the property was a consenting party or

22 privy to the illegal act;

23 ‘‘(B) no property shall be forfeited under this

24 paragraph by reason of any act or omission estab25 lished by the owner thereof to have been committed

26 or omitted by any person other than the owner while
76

•S 1356 IS

1 such property was unlawfully in the possession of a

2 person other than the owner in violation of the

3 criminal laws of the United States or of any State;

4 and

5 ‘‘(C) no property shall be forfeited under this

6 paragraph to the extent of an interest of any owner,

7 by reason of any act or omission established by that

8 owner to have been committed or omitted without

9 the knowledge or consent of the owner, unless the

10 action or omission was committed by an employee or

11 agent of the owner, and facilitated or was intended

12 to facilitate, or was used in or intended to be used

13 in, the commission of a violation of subsection (a) or

14 of section 274A(a)(1) or 274A(a)(2) which was com15 mitted by the owner or which intended to further the

16 business interests of the owner, or to confer any

17 other benefit upon the owner.’’;

18 (2) in paragraph (2)—

19 (A) by striking ‘‘conveyance’’ both places it

20 appears and inserting ‘‘property’’; and

21 (B) by striking ‘‘is being used in’’ and in22 serting ‘‘is being used in, is facilitating, has fa23 cilitated, or was intended to facilitate’’;
77

•S 1356 IS

1 (3) in paragraphs (4) and (5) by striking ‘‘a

2 conveyance’’ and ‘‘conveyance’’ each place either of

3 them appears and inserting ‘‘property’’; and

4 (4) in paragraph (4)—

5 (A) by striking ‘‘or’’ at the end of subpara6 graph (C);

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

8 subparagraph (D) and inserting ‘‘; or’’; and

9 (C) by inserting at the end the following

10 new subparagraph:

11 ‘‘(E) transfer custody and ownership of for12 feited property to any Federal, State, or local agency

13 pursuant to the Tariff Act of 1930 (19 U.S.C.

14 1616a(c)).’’.

15 SEC. 315. EXPANSION OF DEFINITION OF AGGRAVATED

16 FELONY.

17 (a) EXPANSION OF DEFINITION.—Section

18 101(a)(43) of the Immigration and Nationality Act (8

19 U.S.C. 1101(a)(43)) is amended to read as follows:

20 ‘‘(43) The term ‘aggravated felony’ means—

21 ‘‘(A) murder;

22 ‘‘(B) illicit trafficking in a controlled sub23 stance (as defined in section 102 of the Con24 trolled Substances Act), including a drug traf-
78

•S 1356 IS

1 ficking crime (as defined in section 924(c) of

2 title 18, United States Code);

3 ‘‘(C) illicit trafficking in firearms or de4 structive devices (as defined in section 921 of

5 title 18, United States Code) or in explosive

6 materials (as defined in section 841(c) of that

7 title);

8 ‘‘(D) an offense described in section 1956

9 of title 18, United States Code (relating to

10 laundering of monetary instruments) or section

11 1957 of that title (relating to engaging in mon12 etary transactions in property derived from spe13 cific unlawful activity) if the amount of the

14 funds exceeded $100,000;

15 ‘‘(E) an offense described in—

16 ‘‘(i) section 842 (h) or (i) of title 18,

17 United States Code, or section 844 (d),

18 (e), (f), (g), (h), or (i) of that title (relat19 ing to explosive materials offenses);

20 ‘‘(ii) section 922(g) (1), (2), (3), (4),

21 or (5), (j), (n), (o), (p), or (r) or 924 (b)

22 or (h) of title 18, United States Code (re23 lating to firearms offenses); or
79

•S 1356 IS

1 ‘‘(iii) section 5861 of the Internal

2 Revenue Code of 1986 (relating to fire3 arms offenses);

4 ‘‘(F) a crime of violence (as defined in sec5 tion 16 of title 18, United States Code, but not

6 including a purely political offense) for which

7 the term of imprisonment imposed (regardless

8 of any suspension of imprisonment) is at least

9 5 years;

10 ‘‘(G) a theft offense (including receipt of

11 stolen property) or burglary offense for which a

12 sentence of 5 years’ imprisonment or more may

13 be imposed;

14 ‘‘(H) an offense described in section 875,

15 876, 877, or 1202 of title 18, United States

16 Code (relating to the demand for or receipt of

17 ransom);

18 ‘‘(I) an offense described in section 2251,

19 2251A, or 2252 of title 18, United States Code

20 (relating to child pornography);

21 ‘‘(J) an offense described in—

22 ‘‘(i) section 1962 of title 18, United

23 States Code (relating to racketeer influ24 enced corrupt organizations); or
80

•S 1356 IS

1 ‘‘(ii) section 1084 (if it is a second or

2 subsequent offense) or 1955 of that title

3 (relating to gambling offenses),

4 for which a sentence of 5 years’ imprisonment

5 or more may be imposed;

6 ‘‘(K) an offense relating to commercial

7 bribery, counterfeiting, forgery, or trafficking in

8 vehicles the identification numbers of which

9 have been altered for which a sentence of 5

10 years’ imprisonment or more may be imposed;

11 ‘‘(L) an offense that—

12 ‘‘(i) relates to the owning, controlling,

13 managing or supervising of a prostitution

14 business;

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

16 2422, or 2423 of title 18, United States

17 Code (relating to transportation for the

18 purpose of prostitution) for commercial ad19 vantage; or

20 ‘‘(iii) is described in section 1581,

21 1582, 1583, 1584, 1585, or 1588, of title

22 18, United States Code (relating to peon23 age, slavery, and involuntary servitude);
81

•S 1356 IS

1 ‘‘(M) an offense relating to perjury or sub2 ornation of perjury for which a sentence of 5

3 years’ imprisonment or more may be imposed;

4 ‘‘(N) an offense described in—

5 ‘‘(i) section 793 (relating to gathering

6 or transmitting national defense informa7 tion), 798 (relating to disclosure of classi8 fied information), 2153 (relating to sabo9 tage) or 2381 or 2382 (relating to treason)

10 of title 18, United States Code; or

11 ‘‘(ii) section 601 of the National Secu12 rity Act of 1947 (50 U.S.C. 421) (relating

13 to protecting the identity of undercover in14 telligence agents);

15 ‘‘(O) an offense that—

16 ‘‘(i) involves fraud or deceit in which

17 the loss to the victim or victims exceeds

18 $200,000; or

19 ‘‘(ii) is described in section 7201 of

20 the Internal Revenue Code of 1986 (relat21 ing to tax evasion) in which the revenue

22 loss to the Government exceeds $200,000;

23 ‘‘(P) an offense described in section

24 274(a)(1) of title 18, United States Code (relat-
82

•S 1356 IS

1 ing to alien smuggling) for the purpose of com2 mercial advantage;

3 ‘‘(Q) an offense described in section

4 1546(a) of title 18, United States Code (relat5 ing to document fraud), for the purpose of com6 mercial advantage;

7 ‘‘(R) an offense relating to a failure to ap8 pear before a court pursuant to a court order

9 to answer to or dispose of a charge of a felony

10 for which a sentence of 2 years’ imprisonment

11 or more may be imposed; and

12 ‘‘(S) an attempt or conspiracy to commit

13 an offense described in this paragraph.

14 The term applies to an offense described in this

15 paragraph whether in violation of Federal or State

16 law and applies to such an offense in violation of the

17 law of a foreign country for which the term of im18 prisonment was completed within the previous 15

19 years.’’.

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

21 this section shall apply to convictions entered before, on,

22 or after the date of enactment of this Act.
83

•S 1356 IS

1 SEC. 316. AMENDMENT OF SENTENCING GUIDELINES.

2 The United States Sentencing Commission shall re3 view and amend its sentencing guidelines to assign an of4 fense level of at least 19 to a first offense under—

5 (1) section 274(a)(1) of the Immigration and

6 Nationality Act, as amended by section 311(1);

7 (2) section 274(a) (3) and (5) of the Immigra8 tion and Nationality Act, as added by section

9 311(2); and

10 (3) section 274(a)(2) of the Immigration and

11 Nationality Act, as amended by section 312.

12 SEC. 317. INCREASED PENALTY FOR VISA FRAUD.

13 (a) FALSE STATEMENT.—Section 1542 of title 18,

14 United States Code, is amended by striking ‘‘fined not

15 more than $2,000, imprisoned not more than five years,

16 or both’’ and inserting ‘‘fined under this title or impris17 oned not more than 10 years, or both’’.

18 (b) FORGERY.—Section 1543 of title 18, United

19 States Code, is amended by striking ‘‘fined not more than

20 $2,000, imprisoned not more than five years, or both’’ and

21 inserting ‘‘fined under this title or imprisoned not more

22 than 10 years, or both’’.

23 (c) MISUSE OF PASSPORT.—Section 1544 of title 18,

24 United States Code, is amended by striking ‘‘fined not

25 more than $2,000, imprisoned not more than five years,
84

•S 1356 IS

1 or both’’ and inserting ‘‘fined under this title or impris2 oned not more than 10 years, or both’’.

3 (d) SAFE CONDUCT VIOLATION.—Section 1545 of

4 title 18, United States Code, is amended by striking

5 ‘‘fined not more than $2,000, imprisoned not more than

6 three years, or both’’ and inserting ‘‘fined under this title

7 or imprisoned not more than 10 years, or both’’.

8 (e) FRAUD AND MISUSE OF VISAS.—Section 1546(a)

9 of title 18, United States Code, is amended by striking

10 ‘‘fined not more than $2,000, imprisoned not more than

11 five years, or both’’ and inserting ‘‘fined under this title

12 or imprisoned not more than 10 years, or both’’.

13 SEC. 318. TRAINING OF AIRLINE PERSONNEL IN DETEC14 TION OF FRAUDULENT DOCUMENTS.

15 (a) USE OF FUNDS.—Section 286(h)(2) of the Immi16 gration and Nationality Act (8 U.S.C. 1356(h)(2)) is

17 amended—

18 (1) in subparagraph (A)(iv), by inserting ‘‘, in19 cluding training of, and technical assistance to, com20 mercial airline personnel on such detection’’ after

21 ‘‘United States’’, and

22 (2) by adding at the end the following new sub23 paragraph:

24 ‘‘(C) The Attorney General shall provide for expendi25 tures for training and assistance described in subpara-
85

•S 1356 IS

1 graph (A)(iv) in an amount for any fiscal year that is not

2 less than 5 percent of the total of the amounts that are

3 required to be refunded under subparagraph (A) for that

4 fiscal year.’’.

5 (b) COMPLIANCE WITH DETECTION REGULA6 TIONS.—Section 212 of the Immigration and Nationality

7 Act (8 U.S.C. 1182) is amended by adding at the end the

8 following new subsection:

9 ‘‘(o) Whenever the Attorney General finds that a

10 commercial airline has failed to comply with regulations

11 of the Attorney General relating to requirements of air12 lines for the detection of fraudulent documents used by

13 passengers traveling to the United States (including the

14 training of personnel in such detection), the Attorney Gen15 eral may suspend the entry of some or all aliens trans16 ported to the United States by such airline.’’.

17 (c) EFFECTIVE DATES.—

18 (1) The amendments made by subsection (a)

19 shall apply to expenses incurred during or after fis20 cal year 1994.

21 (2) The Attorney General shall first issue, in

22 proposed form, regulations referred to in section

23 212(o) of the Immigration and Nationality Act, as

24 added by subsection (b), by not later than the date
86

•S 1356 IS

1 that is 90 days after the date of enactment of this

2 Act.

3 Subtitle C—Border Patrol

4 SEC. 321. BORDER PATROL AGENTS.

5 There is authorized to be appropriated $60,000,000

6 for each of fiscal years 1994, 1995, 1996, 1997, and 1998

7 for the hiring of 1,000 additional Border Patrol agents.

8 SEC. 322. IMMIGRATION AND NATURALIZATION SERVICE

9 CRIMINAL INVESTIGATORS.

10 There is to be authorized $77,000,000 for each of

11 fiscal years 1994, 1995, 1996, 1997, and 1998 for the

12 hiring of 1,000 additional Immigration and Naturalization

13 Service criminal inspectors.

14 SEC. 323. CRIMINAL ALIEN TRACKING CENTER.

15 (a) OPERATION.—The Commissioner of Immigration

16 and Naturalization, with the cooperation of the Director

17 of the Federal Bureau of Investigation and the heads of

18 other agencies, shall, under the authority of section

19 242(a)(3)(A) of the Immigration and Nationality Act (8

20 U.S.C. 1252(a)(3)(A)), operate a criminal alien tracking

21 center.

22 (b) PURPOSE.—The criminal alien tracking center

23 shall be used to assist Federal, State, and local law en24 forcement agencies in identifying and locating aliens who
87

•S 1356 IS

1 may be subject to deportation by reason of their conviction

2 of aggravated felonies.

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There

4 are authorized to be appropriated to carry out this section

5 $5,000,000 for fiscal year 1994 and $2,000,000 for each

6 of fiscal years 1995, 1996, 1997, and 1998.

7 TITLE IV—GANGS, JUVENILES,

8 DRUGS, AND PROSECUTORS

9 SEC. 401. SHORT TITLE.

10 This title may be cited as the ‘‘Anti-Gang and Youth

11 Protection Act of 1993’’.

12 Subtitle A—Criminal Youth Gangs

13 SEC. 411. CRIMINAL STREET GANGS OFFENSES.

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

15 amended by inserting after chapter 93 the following new

16 chapter:

17 ‘‘CHAPTER 94—PROHIBITED PARTICIPATION IN

18 CRIMINAL STREET GANGS AND GANG CRIME

‘‘Sec.

‘‘1930. Crimes in furtherance of gangs.

‘‘1931. Prohibited activity.

‘‘1932. Penalties.

‘‘1933. Investigative authority.

19 ‘‘§ 1930. Crimes in furtherance of gangs

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

21 findings:

22 ‘‘(1) Criminal street gangs have become in23 creasingly prevalent and entrenched in our society in
88

•S 1356 IS

1 the last several decades. In many areas of the coun2 try, these gangs exert considerable control over other

3 members of their community, particularly through

4 the use of violence and drugs. Criminal street gangs

5 have also become more national in scope, extending

6 their influence beyond the urban areas in which they

7 originated.

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

9 gangs are crimes of violence and the distribution and

10 use of illegal drugs. It is through these activities

11 that criminal street gangs directly affect interstate

12 and foreign commerce, even when their particular

13 activities, viewed in isolation, appear to be purely

14 intrastate in character.

15 ‘‘(b) BASIS FOR CHAPTER.—On the basis of the find16 ings stated in subsection (a), the Congress determines that

17 the provisions of this chapter are necessary and proper

18 for the purpose of carrying into execution the powers of

19 Congress to regulate commerce and to establish criminal

20 law.

21 ‘‘§ 1931. Prohibited activity

22 ‘‘(a) DEFINITIONS.—In this chapter—

23 ‘‘ ‘criminal street gang’ means an organization

24 or group of 5 or more persons, whether formal or in25 formal, who act in concert, or agree to act in con-
89

•S 1356 IS

1 cert, for a period in excess of 30 days, with a pur2 pose that any of those persons alone, or in any com3 bination, commit or will commit, 2 or more predicate

4 gang crimes, 1 of which must occur after the date

5 of enactment of this chapter and the last of which

6 occurred within 10 years (excluding any period of

7 imprisonment) after the commission of a prior predi8 cate gang crime.

9 ‘‘ ‘participate in a criminal street gang’ means

10 to act in concert with a criminal street gang with in11 tent to commit, or with the intent that any other

12 person associated with the criminal street gang will

13 commit, 1 or more predicate gang crimes.

14 ‘‘ ‘predicate gang crime’ means—

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

16 threat, which is chargeable under Federal or

17 State law and punishable by imprisonment for

18 more than 1 year, involving murder, assault,

19 kidnapping, robbery, extortion, burglary, arson,

20 property damage or destruction, obstruction of

21 justice, tampering with or retaliating against a

22 witness, victim, or informant, or manufacturing,

23 importing, receiving, concealing, purchasing,

24 selling, possessing, or otherwise dealing in a

25 controlled substance or controlled substance
90

•S 1356 IS

1 analogue (as those terms are defined in section

2 102 of the Controlled Substances Act (21

3 U.S.C. 802));

4 ‘‘(B) any act punishable by imprisonment

5 for more than 1 year under section 922 or 924

6 (a)(2), (b), (c), (g), or (h) (relating to receipt,

7 possession, and transfer of firearms), section

8 1503 (relating to obstruction of justice), section

9 1510 (relating to obstruction of criminal inves10 tigations), section 1512 (relating to tampering

11 with a witness, victim, or informant), or section

12 1513 (relating to retaliating against a witness,

13 victim, or informant); or

14 ‘‘(C) any act punishable under subsection

15 (b)(5).

16 ‘‘ ‘State’ means a State, the District of Colum17 bia, and any commonwealth, territory, or possession

18 of the United States.

19 ‘‘(b) UNLAWFUL ACTS.—It shall be unlawful—

20 ‘‘(1) to commit, or to attempt to commit, a

21 predicate gang crime with intent to promote or fur22 ther the activities of a criminal street gang or for

23 the purpose of gaining entrance to or maintaining or

24 increasing position in such a gang;
91

•S 1356 IS

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

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

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

4 entice, or coerce any individual to participate in a

5 criminal street gang;

6 ‘‘(4) to employ, use, command, counsel, per7 suade, induce, entice, or coerce any individual to

8 commit, cause to commit, or facilitate the commis9 sion of, a predicate gang crime, with intent to pro10 mote the activities of a criminal street gang or for

11 the purpose of gaining entrance to or maintaining or

12 increasing position in such a gang; or

13 ‘‘(5) to use any communication facility, as de14 fined in section 403(b) of the Controlled Substances

15 act (21 U.S.C. 843(b)), in causing or facilitating the

16 commission, or attempted commission, of a predicate

17 gang crime with intent to promote or further the ac18 tivities of a criminal street gang or for the purpose

19 of gaining entrance to or maintaining or increasing

20 position in such a gang. Each separate use of a com21 munication facility shall be a separate offense under

22 this subsection.

23 ‘‘§ 1932. Penalties

24 ‘‘(a) PENALTIES OF UP TO 20 YEARS OR LIFE IM25 PRISONMENT.—A person who violates section 1931(b) (1)
92

•S 1356 IS

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

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

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

4 crime for which the maximum penalty includes life impris5 onment, and if a person commits such a violation after

6 1 or more prior convictions for such a predicate gang

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

8 shall be sentenced to a term of imprisonment which shall

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

10 of years exceeding 10 years or for life.

11 ‘‘(b) PENALTIES BETWEEN 5 AND 10 YEARS.—A

12 person who violates section 1931(b) (3) or (4) shall be

13 sentenced to imprisonment for not less than 5 nor more

14 than 10 years, and if a person who was the subject of

15 the act was less than 18 years of age, to imprisonment

16 for 10 years. A term of imprisonment under this sub17 section shall run consecutively to any other term of impris18 onment, including that imposed for any other violation of

19 this chapter.

20 ‘‘(c) PENALTIES OF UP TO 5 YEARS.—A person who

21 violates section 1931(b)(5) shall be punished by imprison22 ment for not more than 5 years.

23 ‘‘(d) ADDITIONAL PENALTIES.—

24 ‘‘(1) IN GENERAL.—In addition to the other

25 penalties authorized by this section—
93

•S 1356 IS

1 ‘‘(A) a person who violates section 1931(b)

2 (1) or (2), 1 of whose predicate gang crimes in3 volves murder or conspiracy to commit murder

4 which results in the taking of a life, and who

5 commits, counsels, commands, induces, pro6 cures, or causes that murder, shall be punished

7 by death or by imprisonment for life;

8 ‘‘(B) a person who violates section 1931(b)

9 (1) or (2), 1 of whose predicate gang crimes in10 volves attempted murder or conspiracy to com11 mit murder, shall be sentenced to a term of im12 prisonment which shall not be less than 20

13 years and which may be for any term of years

14 exceeding 20 years or for life; and

15 ‘‘(C) a person who violates section 1931(b)

16 (1) or (2), and who at the time of the offense

17 occupied a position of organizer or supervisor,

18 or other position of management in that street

19 gang, shall be sentenced to a term of imprison20 ment which shall not be less than 15 years and

21 which may be for any term of years exceeding

22 15 years or for life.

23 ‘‘(2) PRESUMPTION.—For purposes of para24 graph (1)(C), if it is shown that the defendant coun25 seled, commanded, induced, or procured 5 or more
94

•S 1356 IS

1 individuals to participate in a street gang, there

2 shall be a rebuttable presumption that the defendant

3 occupied a position of organizer, supervisor, or other

4 position of management in the gang.

5 ‘‘(e) FORFEITURE.—

6 ‘‘(1) IN GENERAL.—A person who violates sec7 tion 1931(b) (1) or (2) shall, in addition to any

8 other penalty and irrespective of any provision of

9 State law, forfeit to the United States—

10 ‘‘(A) any property constituting, or derived

11 from, any proceeds the person obtained, directly

12 or indirectly, as a result of the violation; and

13 ‘‘(B) any property used, or intended to be

14 used, in any manner or part, to commit, or to

15 facilitate the commission of, the violation.

16 ‘‘(2) APPLICATION OF CONTROLLED SUB17 STANCES ACT.—Section 413 (b), (c), (e), (f), (g),

18 (h), (i), (j), (k), (l), (m), (n), (o), and (p) of the

19 Controlled Substances Act (21 U.S.C. 853 (b), (c),

20 and (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (o),

21 and (p)) shall apply to a forfeiture under this sec22 tion.

23 ‘‘§ 1933. Investigative authority

24 ‘‘The Attorney General and the Secretary of the

25 Treasury may investigate offenses under this chapter in
95

•S 1356 IS

1 accordance with an agreement that shall be entered into

2 by the Attorney General and the Secretary of the Treas3 ury.’’.

4 (b) TECHNICAL AMENDMENT.—The part analysis for

5 part I of title 18, United States Code, is amended by in6 serting after the item for chapter 93 the following new

7 item:

‘‘94. Prohibited participation in criminal street gangs

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

8 (c) SENTENCING GUIDELINES INCREASE FOR GANG

9 CRIMES.—The United States Sentencing Commission

10 shall at the earliest opportunity amend the sentencing

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

12 level for any felony committed for the purpose of gaining

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

14 criminal street gang. For purposes of this subsection,

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

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

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

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

21 law by imprisonment for more than 1 year.
96

•S 1356 IS

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

2 PREDICATES.

3 Section 1961(1) of title 18, United States Code, is

4 amended—

5 (1) by striking ‘‘or’’ before ‘‘(E)’’; and

6 (2) by inserting before the semicolon at the end

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

8 against the United States that is punishable by im9 prisonment for more than 1 year and that involved

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

11 commission of the offense’’.

12 SEC. 413. SERIOUS JUVENILE DRUG OFFENSES AS ARMED

13 CAREER CRIMINAL ACT PREDICATES.

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

15 is amended—

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

17 (2) by striking ‘‘and’’ at the end of clause (ii)

18 and inserting ‘‘or’’; and

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

20 ‘‘(iii) any act of juvenile delinquency

21 that if committed by an adult would be a

22 serious drug offense described in this para23 graph; and’’.
97

•S 1356 IS

1 SEC. 414. ADULT PROSECUTION OF SERIOUS JUVENILE OF2 FENDERS.

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

4 amended—

5 (1) in the first undesignated paragraph—

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

7 section 401 of the Controlled Substances Act

8 (21 U.S.C 841), or section 1002(a), 1003,

9 1005, 1009, or 1010(b)(1), (2), or (3) of the

10 Controlled Substances Import and Export Act

11 (21 U.S.C. 952(a), 953, 955, 959, 960(b)(1),

12 (2), (3)),’’ and inserting ‘‘an offense (or a con13 spiracy or attempt to commit an offense) de14 scribed in section 401, or 404 (insofar as the

15 violation involves more than 5 grams of a mix16 ture or substance which contains cocaine base),

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

18 841, 844, or 846), section 1002(a), 1003, 1005,

19 1009, 1010(b)(1), (2), or (3), of the Controlled

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

21 952(a), 953, 955, 959, 960(b)(1), (2), or (3),

22 or 963),’’; and

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

24 ‘‘924(b), (g), or (h)’’;

25 (2) in the fourth undesignated paragraph—
98

•S 1356 IS

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

2 section 401 of the Controlled Substances Act

3 (21 U.S.C. 841), or section 1002(a), 1005, or

4 1009 of the Controlled Substances Import and

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

6 inserting ‘‘an offense (or a conspiracy or at7 tempt to commit an offense) described in sec8 tion 401, or 404 (insofar as the violation in9 volves more than 5 grams of a mixture or sub10 stance which contains cocaine base), of the Con11 trolled Substances Act (21 U.S.C. 841, 844, or

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

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

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

15 960(b)(1), (2), or (3), or 963), or section

16 924(b), (g), or (h) of this title,’’; and

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

18 or (C), (d), or (e) of section 401 of the Con19 trolled Substances Act, or section 1002(a),

20 1003, 1009, or 1010(b)(1), (2), or (3) of the

21 Controlled Substances Import and Export Act

22 (21 U.S.C. 952(a), 953, 959, 960(b)(1), (2),

23 (3))’’ and inserting ‘‘or an offense (or conspir24 acy or attempt to commit an offense) described

25 in section 401(b)(1)(A), (B), or (C), (d), or (e),
99

•S 1356 IS

1 or 404 (insofar as the violation involves more

2 than 5 grams of a mixture or substance which

3 contains cocaine base), of the Controlled Sub4 stances Act (21 U.S.C. 841(b)(1)(A), (B), or

5 (C), (d), or (e), 844, or 846) or section

6 1002(a), 1003, 1009, 1010(b)(1), (2), or (3) of

7 the Controlled Substances Import and Export

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

9 (2), or (3), or 963)’’; and

10 (3) in the fifth undesignated paragraph by add11 ing at the end the following: ‘‘In considering the na12 ture of the offense, as required by this paragraph,

13 the court shall consider the extent to which the juve14 nile played a leadership role in an organization, or

15 otherwise influenced other persons to take part in

16 criminal activities, involving the use or distribution

17 of controlled substances or firearms. Such a factor,

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

19 transfer to adult status, but the absence of this fac20 tor shall not preclude such a transfer.’’.

21 SEC. 415. INCREASED PENALTIES FOR EMPLOYING CHIL22 DREN TO DISTRIBUTE DRUGS NEAR SCHOOLS

23 AND PLAYGROUNDS.

24 Section 419 of the Controlled Substances Act (21

25 U.S.C. 860) is amended—
100

•S 1356 IS

1 (1) by redesignating subsections (c) and (d) as

2 subsections (d) and (e), respectively; and

3 (2) by inserting after subsection (b) the follow4 ing new subsection:

5 ‘‘(c) Notwithstanding any other law, any person at

6 least 18 years of age who knowingly and intentionally—

7 ‘‘(1) employs, hires, uses, persuades, induces,

8 entices, or coerces a person under 18 years of age

9 to violate this section; or

10 ‘‘(2) employs, hires, uses, persuades, induces,

11 entices, or coerces a person under 18 years of age

12 to assist in avoiding detection or apprehension for

13 any offense under this section by any Federal, State,

14 or local law enforcement official,

15 is punishable by a term of imprisonment, a fine, or both,

16 up to triple those authorized by section 401.’’.

17 SEC. 416. INCREASED PENALTIES FOR DRUG TRAFFICKING

18 NEAR PUBLIC HOUSING.

19 Section 419 of the Controlled Substances Act (21

20 U.S.C. 860) is amended—

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

22 or within’’ and inserting ‘‘playground, or housing fa23 cility owned by a public housing authority, or with24 in’’; and
101

•S 1356 IS

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

2 or within’’ and inserting ‘‘playground, or housing fa3 cility owned by a public housing authority, or with4 in’’.

5 SEC. 417. INCREASED PENALTIES FOR TRAVEL ACT CRIMES

6 INVOLVING VIOLENCE AND CONSPIRACY TO

7 COMMIT CONTRACT KILLINGS.

8 (a) TRAVEL ACT PENALTIES.—Section 1952(a) of

9 title 18, United States Code, is amended by striking ‘‘and

10 thereafter performs or attempts to perform any of the acts

11 specified in subparagraphs (1), (2), and (3), shall be fined

12 not more than $10,000 or imprisoned for not more than

13 five years, or both.’’ and inserting ‘‘and thereafter per14 forms or attempts to perform—

15 ‘‘(A) an act described in paragraph (1) or (3)

16 shall be fined under this title, imprisoned not more

17 than 5 years, or both; or

18 ‘‘(B) an act described in paragraph (2) shall be

19 fined under this title, imprisoned for not more than

20 20 years, or both, and if death results shall be im21 prisoned for any term of years or for life.’’.

22 (b) MURDER CONSPIRACY PENALTIES.—Section

23 1958(a) of title 18, United States Code, is amended by

24 inserting ‘‘or who conspires to do so’’ before ‘‘shall be

25 fined’’ the first place it appears.
102

•S 1356 IS

1 SEC. 418. AMENDMENTS CONCERNING RECORDS OF

2 CRIMES COMMITTED BY JUVENILES.

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

4 amended by striking subsections (d) and (f), redesignating

5 subsection (e) as subsection (d), and by adding at the end

6 new subsections (e) and (f) as follows:

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

8 committing an act which if committed by an adult would

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

10 of section 5032 of this title, the juvenile shall be

11 fingerprinted and photographed, and the fingerprints and

12 photograph shall be sent to the Federal Bureau of Inves13 tigation, Identification Division. The court shall also

14 transmit to the Federal Bureau of Investigation, Identi15 fication Division, the information concerning the adjudica16 tion, including name, date of adjudication, court, offenses,

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

18 a juvenile adjudication. The fingerprints, photograph, and

19 other records and information relating to a juvenile de20 scribed in this subsection, or to a juvenile who is pros21 ecuted as an adult, shall be made available in the manner

22 applicable to adult defendants.

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

24 section for the reporting, retention, disclosure, or avail25 ability of records or information, if the law of the State

26 in which a Federal juvenile delinquency proceeding takes
103

•S 1356 IS

1 place permits or requires the reporting, retention, disclo2 sure, or availability of records or information relating to

3 a juvenile or to a juvenile delinquency proceeding or adju4 dication in certain circumstances, then such reporting, re5 tention, disclosure, or availability is permitted under this

6 section whenever the same circumstances exist.’’.

7 (b) Section 3607 of title 18, United States Code, is

8 repealed, and the corresponding item in the chapter analy9 sis for chapter 229 of title 18 is deleted.

10 (c) Section 401(b)(4) of the Controlled Substances

11 Act (21 U.S.C. 841(b)(4)) is amended by striking ‘‘and

12 section 3607 of title 18’’.

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

14 OBJECTIVE.

15 Section 501(b) of title I of the Omnibus Crime Con16 trol and Safe Streets Act of 1968 (42 U.S.C. 3751) is

17 amended—

18 (1) in paragraph (20) by striking ‘‘and’’ at the

19 end;

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

21 and inserting ‘‘; and’’; and

22 (3) by inserting after paragraph (21) the fol23 lowing new paragraph:
104

•S 1356 IS

1 ‘‘(22) law enforcement and prevention programs

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

3 at risk of involvement in gangs.’’.

4 Subtitle B—Gang Prosecution

5 SEC. 431. ADDITIONAL PROSECUTORS.

6 There is authorized to be appropriated $20,000,000

7 for each of fiscal years 1994, 1995, 1996, 1997, and 1998

8 for the hiring of additional Assistant United States Attor9 neys to prosecute violent youth gangs.

10 SEC. 432. GANG INVESTIGATION COORDINATION AND IN11 FORMATION COLLECTION.

12 (a) COORDINATION.—The Attorney General (or the

13 Attorney General’s designee), in consultation with the Sec14 retary of the Treasury (or the Secretary’s designee), shall

15 develop a national strategy to coordinate gang-related in16 vestigations by Federal law enforcement agencies.

17 (b) DATA COLLECTION.—The Director of the Federal

18 Bureau of Investigation shall acquire and collect informa19 tion on incidents of gang violence for inclusion in an an20 nual uniform crime report.

21 (c) REPORT.—The Attorney General shall prepare a

22 report on national gang violence outlining the strategy de23 veloped under subsection (a) to be submitted to the Presi24 dent and Congress by January 1, 1995.
105

•S 1356 IS

1 (d) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated to carry out this section

3 $1,000,000 for fiscal year 1994.

4 SEC. 433. CONTINUATION OF FEDERAL-STATE FUNDING

5 FORMULA.

6 Section 504(a)(1) of title I of the Omnibus Crime and

7 Safe Streets Act of 1968 (42 U.S.C. 3754(a)(1)) is

8 amended by striking ‘‘1992’’ and inserting ‘‘1993’’.

9 SEC. 434. GRANTS FOR MULTIJURISDICTIONAL DRUG TASK

10 FORCES.

11 Section 504(f) of title I of the Omnibus Crime and

12 Safe Streets Act of 1968 (42 U.S.C. 3754(f)) is amended

13 by inserting ‘‘and gang’’ after ‘‘Except for grants awarded

14 to State and local governments for the purpose of partici15 pating in multijurisdictional drug’’.

16 TITLE V—DRUG CONTROL AND

17 RURAL CRIME

18 Subtitle A—Drug Trafficking in

19 Rural Areas

20 SEC. 501. AUTHORIZATIONS FOR RURAL LAW ENFORCE21 MENT AGENCIES.

22 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

23 1001(a)(9) of title I of the Omnibus Crime Control and

24 Safe Streets Act of 1968 is amended to read as follows:
106

•S 1356 IS

1 ‘‘(9) There are authorized to be appropriated to carry

2 out part O $50,000,000 for each of fiscal years 1994,

3 1995, 1996, 1997, and 1998.’’.

4 (b) AMENDMENT TO BASE ALLOCATION.—Section

5 1501(a)(2)(A) of title I of the Omnibus Crime Control and

6 Safe Streets Act of 1968 is amended by striking

7 ‘‘$100,000’’ and inserting ‘‘$250,000’’.

8 SEC. 502. RURAL CRIME AND DRUG ENFORCEMENT TASK

9 FORCES.

10 (a) ESTABLISHMENT.—Not later than 90 days after

11 the date of enactment of this Act, the Attorney General,

12 in consultation with the Governors, mayors, and chief ex13 ecutive officers of State and local law enforcement agen14 cies, shall establish a Rural Crime and Drug Enforcement

15 Task Force in each of the Federal judicial districts which

16 encompass significant rural lands.

17 (b) TASK FORCE MEMBERSHIP.—The task forces es18 tablished under subsection (a) shall be chaired by the

19 United States Attorney for the respective Federal judicial

20 district. The task forces shall include representatives

21 from—

22 (1) State and local law enforcement agencies;

23 (2) the Drug Enforcement Administration;

24 (3) the Federal Bureau of Investigation;

25 (4) the Immigration and Naturalization Service;
107

•S 1356 IS

1 (5) the Customs Service;

2 (6) the United States Marshals Service; and

3 (7) law enforcement officers from the United

4 States Park Police, United States Forest Service

5 and Bureau of Land Management, and such other

6 Federal law enforcement agencies as the Attorney

7 General may direct.

8 SEC. 503. CROSS-DESIGNATION OF FEDERAL OFFICERS.

9 (a) IN GENERAL.—The Attorney General may cross10 designate up to 100 law enforcement officers from each

11 of the agencies specified under section 1502(b)(6) of the

12 Omnibus Crime Control and Safe Streets Act of 1968 with

13 jurisdiction to enforce the provisions of the Controlled

14 Substances Act on non-Federal lands and title 18 of the

15 United States Code to the extent necessary to effect the

16 purposes of this Act.

17 (b) ADEQUATE STAFFING.—The Attorney General

18 shall ensure that each of the task forces established in ac19 cordance with this title are adequately staffed with inves20 tigators and that additional investigators are provided

21 when requested by the task force.

22 SEC. 504. RURAL DRUG ENFORCEMENT TRAINING.

23 (a) SPECIALIZED TRAINING FOR RURAL OFFI24 CERS.—The Director of the Federal Law Enforcement

25 Training Center shall develop a specialized course of in-
108

•S 1356 IS

1 struction devoted to training law enforcement officers

2 from rural agencies in the investigation of drug trafficking

3 and related crimes.

4 (b) AUTHORIZATION OF APPROPRIATIONS.—There

5 are authorized to be appropriated to carry out subsection

6 (a) $1,000,000 for each of fiscal years 1994, 1995, 1996,

7 1997, and 1998.

8 Subtitle B—Rural Drug Prevention

9 and Treatment

10 SEC. 511. RURAL SUBSTANCE ABUSE TREATMENT AND EDU11 CATION GRANTS.

12 Part A of title V of the Public Health Service Act

13 (42 U.S.C. 290aa et seq.) is amended by adding at the

14 end the following new section:

15 ‘‘SEC. 509H. RURAL SUBSTANCE ABUSE TREATMENT.

16 ‘‘(a) IN GENERAL.—The Director of the Office for

17 Treatment Improvement (referred to in this section as the

18 ‘Director’) shall establish a program to provide grants to

19 hospitals, community health centers, migrant health cen20 ters, health entities of Indian tribes and tribal organiza21 tions (as defined in section 1913(b)(5)), and other appro22 priate entities that serve nonmetropolitan areas to assist

23 such entities in developing and implementing projects that

24 provide, or expand the availability of, substance abuse

25 treatment services.
109

•S 1356 IS

1 ‘‘(b) REQUIREMENTS.—To receive a grant under this

2 section a hospital, community health center, or treatment

3 facility shall—

4 ‘‘(1) serve a nonmetropolitan area or have a

5 substance abuse treatment program that is designed

6 to serve a nonmetropolitan area;

7 ‘‘(2) operate, or have a plan to operate, an ap8 proved substance abuse treatment program;

9 ‘‘(3) agree to coordinate the project assisted

10 under this section with substance abuse treatment

11 activities within the State and local agencies respon12 sible for substance abuse treatment; and

13 ‘‘(4) prepare and submit an application in ac14 cordance with subsection (c).

15 ‘‘(c) APPLICATION.—

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

17 grant under this section an entity shall submit an

18 application to the Director at such time, in such

19 manner, and containing such information as the Di20 rector shall require.

21 ‘‘(2) COORDINATED APPLICATIONS.—State

22 agencies that are responsible for substance abuse

23 treatment may submit coordinated grant applica24 tions on behalf of entities that are eligible for grants

25 pursuant to subsection (b).
110

•S 1356 IS

1 ‘‘(d) PREVENTION PROGRAMS.—

2 ‘‘(1) IN GENERAL.—Each entity receiving a

3 grant under this section may use a portion of such

4 grant funds to further community-based substance

5 abuse prevention activities.

6 ‘‘(2) REGULATIONS.—The Director, in con7 sultation with the Director of the Office of Sub8 stance Abuse Prevention, shall promulgate regula9 tions regarding the activities described in paragraph

10 (1).

11 ‘‘(e) SPECIAL CONSIDERATION.—In awarding grants

12 under this section the Director shall give priority to—

13 ‘‘(1) projects sponsored by rural hospitals that

14 are qualified to receive rural health care transition

15 grants as provided for in section 4005(e) of the Om16 nibus Budget Reconciliation Act of 1987;

17 ‘‘(2) projects serving nonmetropolitan areas

18 that establish links and coordinate activities between

19 hospitals, community health centers, community

20 mental health centers, and substance abuse treat21 ment centers; and

22 ‘‘(3) projects that are designed to serve areas

23 that have no available existing treatment facilities.

24 ‘‘(f) DURATION.—Grants awarded under subsection

25 (a) shall be for a period not to exceed 3 years, except that
111

•S 1356 IS

1 the Director may establish a procedure for renewal of

2 grants under subsection (a).

3 ‘‘(g) GEOGRAPHIC DISTRIBUTION.—To the extent

4 practicable, the Director shall provide grants to fund at

5 least one project in each State.

6 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—For the

7 purpose of carrying out this section there is authorized

8 to be appropriated $25,000,000 for each of fiscal years

9 1994 and 1995 and $20,000,000 for each of fiscal years

10 1996, 1997, and 1998.’’.

11 Subtitle C—Rural Areas

12 Enhancement

13 SEC. 521. ASSET FORFEITURE.

14 The assets seized as a result of investigations initi15 ated by a Rural Drug Enforcement Task Force shall be

16 used primarily to enhance the operations of the task force

17 and its participating State and local enforcement agencies.

18 SEC. 522. PROSECUTION OF CLANDESTINE LABORATORY

19 OPERATORS.

20 (a) CRIMINAL CHARGES.—State and Federal pros21 ecutors, when bringing charges against the operators of

22 clandestine methamphetamine and other dangerous drug

23 laboratories, shall, to the fullest extent possible, include,

24 in addition to drug-related counts, counts involving in25 fringements of the Resource Conservation and Recovery
112

•S 1356 IS

1 Act or any other environmental protection Act, includ2 ing—

3 (1) illegal disposal of hazardous waste; and

4 (2) knowing endangerment of the environment.

5 (b) CIVIL ACTIONS.—Federal prosecutors may bring

6 suit against the operators of clandestine methamphet7 amine and other dangerous drug laboratories for environ8 mental and health related damages caused by the opera9 tors in their manufacture of illicit substances.

10 Subtitle D—Chemical Control

11 SEC. 531. SHORT TITLE.

12 This title may be cited as the ‘‘Chemical Control

13 Amendments Act of 1993’’.

14 SEC. 532. DEFINITION AMENDMENTS.

15 (a) DEFINITIONS.—Section 102 of the Controlled

16 Substances Act (21 U.S.C. 802) is amended—

17 (1) in paragraph (33) by striking ‘‘any listed

18 precursor chemical or listed essential chemical’’ and

19 inserting ‘‘any list I chemical or any list II

20 chemical’’;

21 (2) in paragraph (34)—

22 (A) by striking ‘‘listed precursor chemical’’

23 and inserting ‘‘list I chemical’’; and

24 (B) by striking ‘‘critical to the creation’’

25 and inserting ‘‘important to the manufacturer’’;
113

•S 1356 IS

1 (3) in paragraph (34) (A), (F), and (H), by in2 serting ‘‘, its esters’’ before ‘‘and’’;

3 (4) in paragraph (35)—

4 (A) by striking ‘‘listed essential chemical’’

5 and inserting ‘‘list II chemical’’;

6 (B) by inserting ‘‘(other than a list I

7 chemical)’’ before ‘‘specified’’;

8 (C) by striking ‘‘as a solvent, reagent, or

9 catalyst’’; and

10 (5) in paragraph (38) by inserting ‘‘or who acts

11 as a broker or trader for an international trans12 action involving a listed chemical, a tableting ma13 chine, or an encapsulating machine’’ before the

14 period;

15 (6) in paragraph (39)(A)—

16 (A) by striking ‘‘importation or exportation

17 of’’ and inserting ‘‘importation, or exportation

18 of, or an international transaction involving

19 shipment of,’’;

20 (B) in clause (iii) by inserting ‘‘or any cat21 egory of transaction for a specific listed chemi22 cal or chemicals’’ after ‘‘transaction’’;

23 (C) by amending clause (iv) to read as

24 follows:
114

•S 1356 IS

1 ‘‘(iv) any transaction in a listed chemical

2 that is contained in a drug that may be mar3 keted or distributed lawfully in the United

4 States under the Federal Food, Drug, and Cos5 metic Act (21 U.S.C. 301 et seq.) unless—

6 ‘‘(I)(aa) the drug contains ephedrine

7 or its salts, optical isomers, or salts of op8 tical isomers as the only active medicinal

9 ingredient or contains ephedrine and thera10 peutically insignificant quantities of an11 other active medicinal ingredient; or

12 ‘‘(bb) the Attorney General has deter13 mined under section 204 that the drug or

14 group of drugs is being diverted to obtain

15 the listed chemical for use in the illicit pro16 duction of a controlled substance; and

17 ‘‘(II) the quantity of ephedrine or

18 other listed chemical contained in the drug

19 included in the transaction or multiple

20 transactions equals or exceeds the thresh21 old established for that chemical by the

22 Attorney General.’’; and

23 (D) in clause (v) by striking the semicolon

24 and inserting ‘‘which the Attorney General has

25 by regulation designated as exempt from the
115

•S 1356 IS

1 application of this title and title II based on a

2 finding that the mixture is formulated in such

3 a way that it cannot be easily used in the illicit

4 production of a controlled substance and that

5 the listed chemical or chemicals contained in

6 the mixture cannot be readily recovered;’’;

7 (7) in paragraph (40) by striking ‘‘listed pre8 cursor chemical or a listed essential chemical’’ each

9 place it appears and inserting ‘‘list I chemical or a

10 list II chemical’’; and

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

12 paragraphs:

13 ‘‘(43) The term ‘international transaction’ means a

14 transaction involving the shipment of a listed chemical

15 across an international border (other than a United States

16 border) in which a broker or trader located in the United

17 States participates.

18 ‘‘(44) The terms ‘broker’ and ‘trader’ mean a person

19 that assists in arranging an international transaction in

20 a listed chemical by—

21 ‘‘(A) negotiating contracts;

22 ‘‘(B) serving as an agent or intermediary; or

23 ‘‘(C) bringing together a buyer and seller,

24 buyer, and transporter, or a seller and transporter.’’.

25 (b) REMOVAL OF EXEMPTION OF CERTAIN DRUGS.—
116

•S 1356 IS

1 (1) PROCEDURE.—Part B of the Controlled

2 Substances Act (21 U.S.C. 811 et seq.) is amended

3 by adding at the end the following new section:

4 ‘‘REMOVAL OF EXEMPTION OF CERTAIN DRUGS

5 ‘‘SEC. 204. (a) REMOVAL OF EXEMPTION.—The At6 torney General shall by regulation remove from exemption

7 under section 102(39)(A)(iv)(II) a drug or group of drugs

8 that the Attorney General finds is being diverted to obtain

9 a listed chemical for use in the illicit production of a con10 trolled substance.

11 ‘‘(b) FACTORS TO BE CONSIDERED.—In removing a

12 drug or group of drugs from exemption under subsection

13 (a), the Attorney General shall consider, with respect to

14 a drug or group of drugs that is proposed to be removed

15 from exemption—

16 ‘‘(1) the scope, duration, and significance of the

17 diversion;

18 ‘‘(2) whether the drug or group of drugs is for19 mulated in such a way that it cannot be easily used

20 in the illicit production of a controlled substance;

21 and

22 ‘‘(3) whether the listed chemical can be readily

23 recovered from the drug or group of drugs.

24 ‘‘(c) SPECIFICITY OF DESIGNATION.—The Attorney

25 General shall limit the designation of a drug or a group

26 of drugs removed from exemption under subsection (a) to
117

•S 1356 IS

1 the most particularly identifiable type of drug or group

2 of drugs for which evidence of diversion exists unless there

3 is evidence, based on the pattern of diversion and other

4 relevant factors, that the diversion will not be limited to

5 that particular drug or group of drugs.

6 ‘‘(d) REINSTATEMENT OF EXEMPTION WITH RE7 SPECT TO PARTICULAR DRUG PRODUCTS.—

8 ‘‘(1) REINSTATEMENT.—On application by a

9 manufacturer of a particular drug product that has

10 been removed from exemption under subsection (a),

11 the Attorney General shall by regulation reinstate

12 the exemption with respect to that particular drug

13 product if the Attorney General determines that the

14 particular drug product is manufactured and distrib15 uted in a manner that prevents diversion.

16 ‘‘(2) FACTORS TO BE CONSIDERED.—In decid17 ing whether to reinstate the exemption with respect

18 to a particular drug product under paragraph (1),

19 the Attorney General shall consider—

20 ‘‘(A) the package sizes and manner of

21 packaging of the drug product;

22 ‘‘(B) the manner of distribution and adver23 tising of the drug product;

24 ‘‘(C) evidence of diversion of the drug

25 product;
118

•S 1356 IS

1 ‘‘(D) any actions taken by the manufac2 turer to prevent diversion of the drug product;

3 and

4 ‘‘(E) such other factors as are relevant to

5 and consistent with the public health and safe6 ty, including the factors described in subsection

7 (b) as applied to the drug product.

8 ‘‘(3) STATUS PENDING APPLICATION FOR REIN9 STATEMENT.—A transaction involving a particular

10 drug product that is the subject of a bona fide pend11 ing application for reinstatement of exemption filed

12 with the Attorney General not later than 60 days

13 after a regulation removing the exemption is issued

14 pursuant to subsection (a) shall not be considered to

15 be a regulated transaction if the transaction occurs

16 during the pendency of the application and, if the

17 Attorney General denies the application, during the

18 period of 60 days following the date on which the

19 Attorney General denies the application, unless—

20 ‘‘(A) the Attorney General has evidence

21 that, applying the factors described in sub22 section (b) to the drug product, the drug prod23 uct is being diverted; and

24 ‘‘(B) the Attorney General so notifies the

25 applicant.
119

•S 1356 IS

1 ‘‘(4) AMENDMENT AND MODIFICATION.—A reg2 ulation reinstating an exemption under paragraph

3 (1) may be modified or revoked with respect to a

4 particular drug product upon a finding that—

5 ‘‘(A) applying the factors described in sub6 section (b) to the drug product, the drug prod7 uct is being diverted; or

8 ‘‘(B) there is a significant change in the

9 data that led to the issuance of the regula10 tion.’’.

11 (2) TECHNICAL AMENDMENT.—The table of

12 contents of the Comprehensive Drug Abuse Preven13 tion and Control Act of 1970 (84 Stat. 1236) is

14 amended by adding at the end of the section relating

15 to part B of title II the following new item:

‘‘Sec. 204. Removal of exemption of certain drugs.’’.

16 (c) REGULATION OF LISTED CHEMICALS.—Section

17 310 of the Controlled Substances Act (21 U.S.C. 830) is

18 amended—

19 (1) in subsection (a)(1)—

20 (A) by striking ‘‘precursor chemical’’ and

21 inserting ‘‘list I chemical’’; and

22 (B) in subparagraph (B) by striking ‘‘an

23 essential chemical’’ and inserting ‘‘a list II

24 chemical’’; and
120

•S 1356 IS

1 (2) in subsection (c)(2)(D) by striking ‘‘precur2 sor chemical’’ and inserting ‘‘chemical control’’.

3 SEC. 533. REGISTRATION REQUIREMENTS.

4 (a) RULES AND REGULATIONS.—Section 301 of the

5 Controlled Substances Act (21 U.S.C. 821) is amended

6 by striking the period and inserting ‘‘and to the registra7 tion and control of regulated persons and of regulated

8 transactions.’’.

9 (b) PERSONS REQUIRED TO REGISTER UNDER SEC10 TION 302.—Section 302 of the Controlled Substances Act

11 (21 U.S.C. 822) is amended—

12 (1) in subsection (a)(1) by inserting ‘‘or list I

13 chemical’’ after ‘‘controlled substance’’ each place it

14 appears;

15 (2) in subsection (b)—

16 (A) by inserting ‘‘or list I chemicals’’ after

17 ‘‘controlled substances’’; and

18 (B) by inserting ‘‘or chemicals’’ after

19 ‘‘such substances’’;

20 (3) in subsection (c) by inserting ‘‘or list I

21 chemical’’ after ‘‘controlled substance’’ each place it

22 appears; and

23 (4) in subsection (e) by inserting ‘‘or list I

24 chemicals’’ after ‘‘controlled substances’’.
121

•S 1356 IS

1 (c) REGISTRATION REQUIREMENTS UNDER SECTION

2 303.—Section 303 of the Controlled Substances Act (21

3 U.S.C. 823) is amended by adding at the end the following

4 new subsection:

5 ‘‘(h) The Attorney General shall register an applicant

6 to distribute a list I chemical unless the Attorney General

7 determines that registration of the applicant is inconsist8 ent with the public interest. Registration under this sub9 section shall not be required for the distribution of a drug

10 product that is exempted under section 102(39)(A)(iv). In

11 determining the public interest for the purposes of this

12 subsection, the Attorney General shall consider—

13 ‘‘(1) maintenance by the applicant of effective

14 controls against diversion of listed chemicals into

15 other than legitimate channels;

16 ‘‘(2) compliance by the applicant with applica17 ble Federal, State and local law;

18 ‘‘(3) any prior conviction record of the appli19 cant under Federal or State laws relating to con20 trolled substances or to chemicals controlled under

21 Federal or State law;

22 ‘‘(4) any past experience of the applicant in the

23 manufacture and distribution of chemicals; and

24 ‘‘(5) such other factors as are relevant to and

25 consistent with the public health and safety.’’.
122

•S 1356 IS

1 (d) DENIAL, REVOCATION, OR SUSPENSION OF REG2 ISTRATION.—Section 304 of the Controlled Substances

3 Act (21 U.S.C. 824) is amended—

4 (1) in subsection (a)—

5 (A) by inserting ‘‘or a list I chemical’’

6 after ‘‘controlled substance’’ each place it ap7 pears; and

8 (B) by inserting ‘‘or list I chemicals’’ after

9 ‘‘controlled substances’’;

10 (2) in subsection (b) by inserting ‘‘or list I

11 chemical’’ after ‘‘controlled substance’’;

12 (3) in subsection (f) by inserting ‘‘or list I

13 chemicals’’ after ‘‘controlled substances’’ each place

14 it appears; and

15 (4) in subsection (g)—

16 (A) by inserting ‘‘or list I chemicals’’ after

17 ‘‘controlled substances’’ each place it appears;

18 and

19 (B) by inserting ‘‘or list I chemical’’ after

20 ‘‘controlled substance’’ each place it appears.

21 (e) PERSONS REQUIRED TO REGISTER UNDER SEC22 TION 1007.—Section 1007 of the Controlled Substances

23 Import and Export Act (21 U.S.C. 957) is amended—

24 (1) in subsection (a)—
123

•S 1356 IS

1 (A) in paragraph (1) by inserting ‘‘or list

2 I chemical’’ after ‘‘controlled substance’’; and

3 (B) in paragraph (2) by striking ‘‘in sched4 ule I, II, III, IV, or V,’’ and inserting ‘‘or list

5 I chemical,’’; and

6 (2) in subsection (b)—

7 (A) in paragraph (1) by inserting ‘‘or list

8 I chemical’’ after ‘‘controlled substance’’ each

9 place it appears; and

10 (B) in paragraph (2) by inserting ‘‘or list

11 I chemicals’’ after ‘‘controlled substances’’.

12 (f) REGISTRATION REQUIREMENTS UNDER SECTION

13 1008.—Section 1008 of the Controlled Substances Import

14 and Export Act (21 U.S.C. 958) is amended—

15 (1) in subsection (c)—

16 (A) by inserting ‘‘(1)’’ after ‘‘(c)’’; and

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

18 paragraph:

19 ‘‘(2)(A) The Attorney General shall register an appli20 cant to import or export a list I chemical unless the Attor21 ney General determines that registration of the applicant

22 is inconsistent with the public interest. Registration under

23 this subsection shall not be required for the import or ex24 port of a drug product that is exempted under section

25 102(39)(A)(iv).
124

•S 1356 IS

1 ‘‘(B) In determining the public interest for the pur2 poses of subparagraph (A), the Attorney General shall

3 consider the factors specified in section 303(h).’’;

4 (2) in subsection (d)—

5 (A) in paragraph (3) by inserting ‘‘or list

6 I chemical or chemicals,’’ after ‘‘substances,’’;

7 and

8 (B) in paragraph (6) by inserting ‘‘or list

9 I chemicals’’ after ‘‘controlled substances’’ each

10 place it appears;

11 (3) in subsection (e) by striking ‘‘and 307’’ and

12 inserting ‘‘307, and 310’’; and

13 (4) in subsections (f), (g), and (h) by inserting

14 ‘‘or list I chemicals’’ after ‘‘controlled substances’’

15 each place it appears.

16 (g) PROHIBITED ACTS C.—Section 403(a) of the

17 Controlled Substances Act (21 U.S.C. 843(a)) is amend18 ed—

19 (1) by striking ‘‘or’’ at the end of paragraph

20 (7);

21 (2) by striking the period at the end of para22 graph (8) and inserting ‘‘; or’’; and

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

24 paragraph:
125

•S 1356 IS

1 ‘‘(9) if the person is a regulated person, to dis2 tribute, import, or export a list I chemical without

3 the registration required by this Act.’’.

4 SEC. 534. REPORTING OF LISTED CHEMICAL MANUFACTUR5 ING.

6 Section 310(b) of the Controlled Substances Act (21

7 U.S.C. 830(b)) is amended—

8 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’;

9 (2) by redesignating paragraphs (1), (2), (3),

10 and (4) as subparagraphs (A), (B), (C), and (D),

11 respectively;

12 (3) by striking ‘‘paragraph (1)’’ each place it

13 appears and inserting ‘‘subparagraph (A)’’;

14 (4) by striking ‘‘paragraph (2)’’ and inserting

15 ‘‘subparagraph (B)’’;

16 (5) by striking ‘‘paragraph (3)’’ and inserting

17 ‘‘subparagraph (C)’’; and

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

19 paragraph:

20 ‘‘(2) A regulated person that manufactures a

21 listed chemical shall report annually to the Attorney

22 General, in such form and manner and containing

23 such specific data as the Attorney General shall pre24 scribe by regulation, information concerning listed

25 chemicals manufactured by the person. The require-
126

•S 1356 IS

1 ment of the preceding sentence shall not apply to the

2 manufacture of a drug product that is exempted

3 under section 102(39)(A)(iv).’’.

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

5 PENALTIES.

6 (a) NOTIFICATION, SUSPENSION OF SHIPMENT, AND

7 PENALTIES WITH RESPECT TO IMPORTATION AND EX8 PORTATION OF LISTED CHEMICALS.—Section 1018 of the

9 Controlled Substances Import and Export Act (21 U.S.C.

10 971) is amended by adding at the end the following new

11 subsection:

12 ‘‘(d) A person located in the United States who is

13 a broker or trader for an international transaction in a

14 listed chemical that is a regulated transaction solely be15 cause of that person’s involvement as a broker or trader

16 shall, with respect to that transaction, be subject to all

17 of the notification, reporting, recordkeeping, and other re18 quirements placed upon exporters of listed chemicals by

19 this title and title II.’’.

20 (b) PROHIBITED ACTS A.—Section 1010(d) of the

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

22 960(d)) is amended to read as follows:

23 ‘‘(d) A person who knowingly or intentionally—
127

•S 1356 IS

1 ‘‘(1) imports or exports a listed chemical with

2 intent to manufacture a controlled substance in vio3 lation of this title or title II;

4 ‘‘(2) exports a listed chemical in violation of the

5 laws of the country to which the chemical is ex6 ported or serves as a broker or trader for an inter7 national transaction involving a listed chemical, if

8 the transaction is in violation of the laws of the

9 country to which the chemical is exported;

10 ‘‘(3) imports or exports a listed chemical know11 ing, or having reasonable cause to believe, that the

12 chemical will be used to manufacture a controlled

13 substance in violation of this title or title II; or

14 ‘‘(4) exports a listed chemical, or serves as a

15 broker or trader for an international transaction in16 volving a listed chemical, knowing, or having reason17 able cause to believe, that the chemical will be used

18 to manufacture a controlled substance in violation of

19 the laws of the country to which the chemical is

20 exported,

21 shall be fined in accordance with title 18, imprisoned not

22 more than 10 years, or both.’’.
128

•S 1356 IS

1 SEC. 536. EXEMPTION AUTHORITY; ADDITIONAL PEN2 ALTIES.

3 (a) NOTIFICATION REQUIREMENT.—Section 1018 of

4 the Controlled Substances Import and Export Act (21

5 U.S.C. 971), as amended by section 5(a), is amended by

6 adding at the end the following new subsection:

7 ‘‘(e)(1) The Attorney General may by regulation re8 quire that the 15-day notification requirement of sub9 section (a) apply to all exports of a listed chemical to a

10 specified country, regardless of the status of certain cus11 tomers in such country as regular customers, if the Attor12 ney General finds that such notification is necessary to

13 support effective chemical diversion control programs or

14 is required by treaty or other international agreement to

15 which the United States is a party.

16 ‘‘(2) The Attorney General may by regulation waive

17 the 15-day notification requirement for exports of a listed

18 chemical to a specified country if the Attorney General

19 determines that such notification is not required for effec20 tive chemical diversion control. If the notification require21 ment is waived, exporters of the listed chemical shall be

22 required to submit to the Attorney General reports of indi23 vidual exportations or periodic reports of such exportation

24 of the listed chemical, at such time or times and contain25 ing such information as the Attorney General shall estab26 lish by regulation.
129

•S 1356 IS

1 ‘‘(3) The Attorney General may by regulation waive

2 the 15-day notification requirement for the importation of

3 a listed chemical if the Attorney General determines that

4 such notification is not necessary for effective chemical di5 version control. If the notification requirement is waived,

6 importers of the listed chemical shall be required to submit

7 to the Attorney General reports of individual importations

8 or periodic reports of the importation of the listed chemi9 cal, at such time or times and containing such information

10 as the Attorney General shall establish by regulation.’’.

11 (b) PROHIBITED ACTS A.—Section 1010(d) of the

12 Controlled Substances Import and Export Act (21 U.S.C.

13 960(d)), as amended by section 5(b), is amended—

14 (1) by striking ‘‘or’’ at the end of paragraph

15 (3);

16 (2) by striking the comma at the end of para17 graph (4) and inserting a semicolon; and

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

19 paragraphs:

20 ‘‘(5) imports or exports a listed chemical, with

21 the intent to evade the reporting or recordkeeping

22 requirements of section 1018 applicable to such im23 portation or exportation by falsely representing to

24 the Attorney General that the importation or expor25 tation qualifies for a waiver of the 15-day notifica-
130

•S 1356 IS

1 tion requirement granted pursuant to section

2 1018(e) (2) or (3) by misrepresenting the actual

3 country of final destination of the listed chemical or

4 the actual listed chemical being imported or ex5 ported; or

6 ‘‘(6) imports or exports a listed chemical in vio7 lation of section 1007 or 1018,’’.

8 SEC. 537. AMENDMENTS TO LIST I.

9 Section 102(34) of the Controlled Substances Act (21

10 U.S.C. 802(34)) is amended—

11 (1) by striking subparagraphs (O), (U), and

12 (W);

13 (2) by redesignating subparagraphs (P) through

14 (T) as (O) through (S), subparagraph (V) as (T),

15 and subparagraphs (X) and (Y) as (U) and (X), re16 spectively;

17 (3) in subparagraph (X), as redesignated by

18 paragraph (2), by striking ‘‘(X)’’ and inserting

19 ‘‘(U)’’; and

20 (4) by inserting after subparagraph (U), as re21 designated by paragraph (2), the following new sub22 paragraphs:

23 ‘‘(V) benzaldehyde.

24 ‘‘(W) nitroethane.’’.
131

•S 1356 IS

1 SEC. 538. ELIMINATION OF REGULAR SUPPLIER STATUS

2 AND CREATION OF REGULAR IMPORTER

3 STATUS.

4 (a) DEFINITION.—Section 102(37) of the Controlled

5 Substances Act (21 U.S.C. 802(37)) is amended to read

6 as follows:

7 ‘‘(37) The term ‘regular importer’ means, with re8 spect to a listed chemical, a person that has an established

9 record as an importer of that listed chemical that is re10 ported to the Attorney General.’’.

11 (b) NOTIFICATION.—Section 1018 of the Controlled

12 Substances Act (21 U.S.C. 971) is amended—

13 (1) in subsection (b)—

14 (A) in paragraph (1) by striking ‘‘regular

15 supplier of the regulated person’’ and inserting

16 ‘‘to an importation by a regular importer’’; and

17 (B) in paragraph (2)—

18 (i) by striking ‘‘a customer or supplier

19 of a regulated person’’ and inserting ‘‘a

20 customer of a regulated person or to an

21 importer’’; and

22 (ii) by striking ‘‘regular supplier’’ and

23 inserting ‘‘the importer as a regular im24 porter’’; and

25 (2) in subsection (c)(1) by striking ‘‘regular

26 supplier’’ and inserting ‘‘regular importer’’.
132

•S 1356 IS

1 SEC. 539. ADMINISTRATIVE INSPECTIONS AND AUTHORITY.

2 Section 510 of the Controlled Substances Act (21

3 U.S.C. 880) is amended—

4 (1) by amending subsection (a)(2) to read as

5 follows:

6 ‘‘(2) places, including factories, warehouses,

7 and other establishments, and conveyances, where

8 persons registered under section 303 (or exempt

9 from registration under section 302(d) or by regula10 tion of the Attorney General) or regulated persons

11 may lawfully hold, manufacture, distribute, dispense,

12 administer, or otherwise dispose of controlled sub13 stances or listed chemicals or where records relating

14 to those activities are maintained.’’; and

15 (2) in subsection (b)(3)—

16 (A) in subparagraph (B) by inserting ‘‘,

17 listed chemicals,’’ after ‘‘unfinished drugs’’; and

18 (B) in subparagraph (C) by inserting ‘‘or

19 listed chemical’’ after ‘‘controlled substance’’

20 and inserting ‘‘or chemical’’ after ‘‘such sub21 stance’’.

22 SEC. 540. THRESHOLD AMOUNTS.

23 Section 102(39)(A) of the Controlled Substances Act

24 (21 U.S.C. 802(39)(A)), as amended by section 2, is

25 amended by inserting ‘‘of a listed chemical, or if the Attor26 ney General establishes a threshold amount for a specific
133

•S 1356 IS

1 listed chemical,’’ before ‘‘a threshold amount, including a

2 cumulative threshold amount for multiple transactions’’.

3 SEC. 541. MANAGEMENT OF LISTED CHEMICALS.

4 (a) IN GENERAL.—Part C of the Controlled Sub5 stances Act (21 U.S.C. 821 et seq.) is amended by adding

6 at the end the following new section:

7 ‘‘MANAGEMENT OF LISTED CHEMICALS

8 ‘‘SEC. 311. (a) OFFENSE.—It is unlawful for a per9 son who possesses a listed chemical with the intent that

10 it be used in the illegal manufacture of a controlled sub11 stance to manage the listed chemical or waste from the

12 manufacture of a controlled substance otherwise than as

13 required by regulations issued under sections 3001, 3002,

14 3003, 3004, and 3005 of the Solid Waste Disposal Act

15 (42 U.S.C. 6921, 6922, 6923, 6924, and 6925).

16 ‘‘(b) ENHANCED PENALTY.—(1) In addition to a

17 penalty that may be imposed for the illegal manufacture,

18 possession, or distribution of a listed chemical or toxic res19 idue of a clandestine laboratory, a person who violates sub20 section (a) shall be assessed the costs described in para21 graph (2) and shall be imprisoned as described in para22 graph (3).

23 ‘‘(2) Pursuant to paragraph (1) a defendant shall be

24 assessed the following costs to the United States, a State,

25 or another authority or person that undertakes to correct
134

•S 1356 IS

1 the results of the improper management of a listed

2 chemical:

3 ‘‘(A) The cost of initial cleanup and disposal of

4 the listed chemical and contaminated property.

5 ‘‘(B) The cost of restoring property that is

6 damaged by exposure to a listed chemical for reha7 bilitation under Federal, State, and local standards.

8 ‘‘(3)(A) A violation of subsection (a) shall be pun9 ished as a class D felony, or in the case of a willful viola10 tion, as a class C felony.

11 ‘‘(B) It is the sense of the Congress that guidelines

12 issued by the Sentencing Commission regarding sentenc13 ing under this paragraph should recommend that the term

14 of imprisonment for a violation of subsection (a) should

15 not be less than 5 years, nor less than 10 years in the

16 case of a willful violation.

17 ‘‘(4) A court may order that all or a portion of the

18 earnings from work performed by a defendant in prison

19 be withheld for payment of costs assessed under para20 graph (2).

21 ‘‘(c) USE OF FORFEITED ASSETS.—The Attorney

22 General may direct that assets forfeited under section 511

23 in connection with a prosecution under this section be

24 shared with State agencies that participated in the seizure

25 or cleaning up of a contaminated site.’’.
135

•S 1356 IS

1 (b) EXCEPTION TO DISCHARGE IN BANKRUPTCY.—

2 Section 523(a) of title 11, United States Code, is amend3 ed—

4 (1) by striking ‘‘or’’ at the end of paragraph

5 (11);

6 (2) by striking the period at the end of para7 graph (12) and inserting ‘‘; or’’; and

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

9 paragraph:

10 ‘‘(13) for costs assessed under section 311(b) of

11 the Controlled Substances Act.’’.

12 SEC. 542. FORFEITURE EXPANSION.

13 Section 511(a) of the Controlled Substances Act (21

14 U.S.C. 881(a)) is amended—

15 (1) in paragraph (6) by inserting ‘‘or listed

16 chemical’’ after ‘‘controlled substance’’; and

17 (2) in paragraph (9) by striking ‘‘a felony pro18 vision of’’.

19 SEC. 543. ATTORNEY GENERAL ACCESS TO THE NATIONAL

20 PRACTITIONER DATA BANK.

21 Part B of the Health Care Quality Improvement Act

22 of 1986 (42 U.S.C. 11131 et seq.) is amended by adding

23 at the end the following new section:
136

•S 1356 IS

1 ‘‘SEC. 428. DISCLOSURE OF INFORMATION TO THE ATTOR2 NEY GENERAL.

3 ‘‘Information respecting physicians or other licensed

4 health care practitioners reported to the Secretary (or to

5 the agency designated under section 424(b)) under this

6 part or section 1921 of the Social Security Act (42 U.S.C.

7 1396r–2) shall be provided to the Attorney General. The

8 Secretary shall—

9 ‘‘(1) transmit to the Attorney General such in10 formation as the Attorney General may designate or

11 request to assist the Drug Enforcement Administra12 tion in the enforcement of the Controlled Substances

13 Act (21 U.S.C. 801 et seq.) and other laws enforced

14 by the Drug Enforcement Administration; and

15 ‘‘(2) transmit such information related to

16 health care providers as the Attorney General may

17 designate or request to assist the Federal Bureau of

18 Investigation in the enforcement of title 18, the Act

19 entitled ‘An Act to regulate the practice of pharmacy

20 and the sale of poison in the consular districts of the

21 United States in China’, approved March 3, 1915

22 (21 U.S.C. 201 et seq.), and chapter V of the Fed23 eral Food, Drug, and Cosmetic Act (21 U.S.C. 351

24 et seq.).’’.
137

•S 1356 IS

1 SEC. 544. REGULATIONS AND EFFECTIVE DATE.

2 (a) REGULATIONS.—The Attorney General shall, not

3 later than 90 days after the date of enactment of this sub4 title, issue regulations necessary to carry out this subtitle.

5 (b) EFFECTIVE DATE.—This subtitle and the amend6 ments made by this subtitle shall become effective on the

7 date that is 120 days after the date of enactment of this

8 subtitle.

9 Subtitle E—Personnel

10 SEC. 551. MORE AGENTS FOR THE DRUG ENFORCEMENT

11 ADMINISTRATION.

12 There are authorized to be approrpiated for the hir13 ing of additional Drug Enforcement Administration

14 agents $20,000,000 for each of fiscal years 1994, 1995,

15 1996, 1997, and 1998.

16 SEC. 552. ADEQUATE STAFFING OF THE OFFICE OF NA17 TIONAL DRUG POLICY.

18 Section 1003(d)(1) of the National Narcotics Leader19 ship Act of 1988 (21 U.S.C. 1502(d)(1) is amended by

20 striking ‘‘such’’ and inserting ‘‘at least 75 and such addi21 tional’’.
138

•S 1356 IS

1 TITLE VI—PUNISHMENT AND

2 DETERRENCE

3 Subtitle A—Death Penalty

4 SEC. 601. SHORT TITLE.

5 This title may be cited as the ‘‘Federal Death Penalty

6 Act of 1993’’.

7 SEC. 602. DEATH PENALTY PROCEDURES.

8 (a) ADDITION OF CHAPTER TO TITLE 18, UNITED

9 STATES CODE.—Title 18, United States Code, is amended

10 by inserting after chapter 227 the following new chapter:

11 ‘‘CHAPTER 228—DEATH PENALTY

12 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.

13 ‘‘§ 3591. Sentence of death

14 ‘‘A defendant who has been found guilty of—

15 ‘‘(1) an offense described in section 794 or sec16 tion 2381;

17 ‘‘(2) an offense described in section 1751(c) if

18 the offense, as determined beyond a reasonable

19 doubt at a hearing under section 3593, constitutes
139

•S 1356 IS

1 an attempt to murder the President of the United

2 States and results in bodily injury to the President

3 or comes dangerously close to causing the death of

4 the President;

5 ‘‘(3) an offense referred to in section 408(c)(1)

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

7 848(c)(1)), committed as part of a continuing crimi8 nal enterprise offense under the conditions described

9 in subsection (b) of that section which involved not

10 less than twice the quantity of controlled substance

11 described in subsection (b)(2)(A) or twice the gross

12 receipts described in subsection (b)(2)(B);

13 ‘‘(4) an offense referred to in section 408(c)(1)

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

15 848(c)(1)), committed as part of a continuing crimi16 nal enterprise offense under that section, where the

17 defendant is a principal administrator, organizer, or

18 leader of such an enterprise, and the defendant, in

19 order to obstruct the investigation or prosecution of

20 the enterprise or an offense involved in the enter21 prise, attempts to kill or knowingly directs, advises,

22 authorizes, or assists another to attempt to kill any

23 public officer, juror, witness, or members of the fam24 ily or household of such a person;
140

•S 1356 IS

1 ‘‘(5) an offense constituting a felony violation of

2 the Controlled Substances Act (21 U.S.C. 801 et

3 seq.), the Controlled Substances Import and Export

4 Act (21 U.S.C. 951 et seq.), or the Maritime Drug

5 Law Enforcement Act (46 U.S.C. App. 1901 et

6 seq.), where the defendant, intending to cause death

7 or acting with reckless disregard for human life, en8 gages in such a violation, and the death of another

9 person results in the course of the violation or from

10 the use of the controlled substance involved in the

11 violation; or

12 ‘‘(6) any other offense for which a sentence of

13 death is provided if the defendant, as determined be14 yond a reasonable doubt at a hearing under section

15 3593, caused the death of a person intentionally,

16 knowingly, or through recklessness manifesting ex17 treme indifference to human life, or caused the

18 death of a person through the intentional infliction

19 of serious bodily injury,

20 shall be sentenced to death if, after consideration of the

21 factors set forth in section 3592 in the course of a hearing

22 held pursuant to section 3593, it is determined that impo23 sition of a sentence of death is justified, except that no

24 person may be sentenced to death who was less than 18
141

•S 1356 IS

1 years of age at the time of the offense or who is mentally

2 retarded.

3 ‘‘§ 3592. Factors to be considered in determining

4 whether a sentence of death is justified

5 ‘‘(a) MITIGATING FACTORS.—In determining wheth6 er a sentence of death is justified for any offense, the jury,

7 or if there is no jury, the court, shall consider each of

8 the following mitigating factors and determine which, if

9 any, exist:

10 ‘‘(1) MENTAL CAPACITY.—The defendant’s

11 mental capacity to appreciate the wrongfulness of

12 his conduct or to conform his conduct to the require13 ments of law was significantly impaired, regardless

14 of whether the capacity was so impaired as to con15 stitute a defense to the charge.

16 ‘‘(2) DURESS.—The defendant was under un17 usual and substantial duress, regardless of whether

18 the duress was of such a degree as to constitute a

19 defense to the charge.

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

21 defendant’s participation in the offense, which was

22 committed by another, was relatively minor, regard23 less of whether the participation was so minor as to

24 constitute a defense to the charge.
142

•S 1356 IS

1 ‘‘(4) NO SIGNIFICANT CRIMINAL HISTORY.—

2 The defendant did not have a significant history of

3 other criminal conduct.

4 ‘‘(5) DISTURBANCE.—The defendant committed

5 the offense under severe mental or emotional dis6 turbance.

7 ‘‘(6) VICTIM’S CONSENT.—The victim consented

8 to the criminal conduct that resulted in the victim’s

9 death.

10 The jury, or if there is no jury, the court, shall consider

11 whether any other aspect of the defendant’s background,

12 character or record or any other circumstance of the of13 fense that the defendant may proffer as a mitigating fac14 tor exists.

15 ‘‘(b) AGGRAVATING FACTORS FOR ESPIONAGE AND

16 TREASON.—In determining whether a sentence of death

17 is justified for an offense described in section 3591(1), the

18 jury, or if there is no jury, the court, shall consider each

19 of the following aggravating factors and determine which,

20 if any, exist:

21 ‘‘(1) PREVIOUS ESPIONAGE OR TREASON CON22 VICTION.—The defendant has previously been con23 victed of another offense involving espionage or trea24 son for which a sentence of life imprisonment or

25 death was authorized by statute.
143

•S 1356 IS

1 ‘‘(2) RISK OF SUBSTANTIAL DANGER TO NA2 TIONAL SECURITY.—In the commission of the of3 fense the defendant knowingly created a grave risk

4 to the national security.

5 ‘‘(3) RISK OF DEATH TO ANOTHER.—In the

6 commission of the offense the defendant knowingly

7 created a grave risk of death to another person.

8 The jury, or if there is no jury, the court, may consider

9 whether any other aggravating factor exists.

10 ‘‘(c) AGGRAVATING FACTORS FOR HOMICIDE AND

11 FOR ATTEMPTED MURDER OF THE PRESIDENT.—In de12 termining whether a sentence of death is justified for an

13 offense described in section 3591 (2) or (6), the jury, or

14 if there is no jury, the court, shall consider each of the

15 following aggravating factors and determine which, if any,

16 exist:

17 ‘‘(1) CONDUCT OCCURRED DURING COMMISSION

18 OF SPECIFIED CRIMES.—The conduct resulting in

19 death occurred during the commission or attempted

20 commission of, or during the immediate flight from

21 the commission of, an offense under section 32 (de22 struction of aircraft or aircraft facilities), section 33

23 (destruction of motor vehicles or motor vehicle facili24 ties), section 36 (violence at international airports),

25 section 351 (violence against Members of Congress,
144

•S 1356 IS

1 Cabinet officers, or Supreme Court Justices), section

2 751 (prisoners in custody of institution or officer),

3 section 794 (gathering or delivering defense informa4 tion to aid foreign government), section 844(d)

5 (transportation of explosives in interstate commerce

6 for certain purposes), section 844(f) (destruction of

7 Government property by explosives), section 844(i)

8 (destruction of property affecting interstate com9 merce by explosives), section 1116 (killing or at10 tempted killing of diplomats), section 1118 (pris11 oners serving life term), section 1201 (kidnapping),

12 section 1203 (hostage taking), section 1751 (violence

13 against the President or Presidential staff), section

14 1992 (wrecking trains), section 2280 (maritime vio15 lence), section 2281 (maritime platform violence),

16 section 2332 (terrorist acts abroad against United

17 States nationals), section 2339A (use of weapons of

18 mass destruction), or section 2381 (treason) of this

19 title, section 1826 of title 28 (persons in custody as

20 recalcitrant witnesses or hospitalized following insan21 ity acquittal), or section 902 (i) or (n) of the Fed22 eral Aviation Act of 1958 (49 U.S.C. App. 1472 (i)

23 or (n) (aircraft piracy)).
145

•S 1356 IS

1 ‘‘(2) INVOLVEMENT OF FIREARM OR PREVIOUS

2 CONVICTION OF VIOLENT FELONY INVOLVING FIRE3 ARM.—The defendant—

4 ‘‘(A) during and in relation to the commis5 sion of the offense or in escaping or attempting

6 to escape apprehension used or possessed a fire7 arm (as defined in section 921); or

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

9 Federal or State offense punishable by a term

10 of imprisonment of more than 1 year, involving

11 the use of attempted or threatened use of a

12 firearm (as defined in section 921), against an13 other person.

14 ‘‘(3) PREVIOUS CONVICTION OF OFFENSE FOR

15 WHICH A SENTENCE OF DEATH OR LIFE IMPRISON16 MENT WAS AUTHORIZED.—The defendant has pre17 viously been convicted of another Federal or State

18 offense resulting in the death of a person, for which

19 a sentence of life imprisonment or death was author20 ized by statute.

21 ‘‘(4) PREVIOUS CONVICTION OF OTHER SERI22 OUS OFFENSES.—The defendant has previously been

23 convicted of 2 or more Federal or State offenses,

24 each punishable by a term of imprisonment of more

25 than 1 year, committed on different occasions, in-
146

•S 1356 IS

1 volving the importation, manufacture, or distribution

2 of a controlled substance (as defined in section 102

3 of the Controlled Substances Act (21 U.S.C. 802))

4 or the infliction of, or attempted infliction of, serious

5 bodily injury or death upon another person.

6 ‘‘(5) GRAVE RISK OF DEATH TO ADDITIONAL

7 PERSONS.—The defendant, in the commission of the

8 offense or in escaping or attempting to escape ap9 prehension, knowingly created a grave risk of death

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

11 the offense.

12 ‘‘(6) HEINOUS, CRUEL, OR DEPRAVED MANNER

13 OF COMMISSION.—The defendant committed the of14 fense in an especially heinous, cruel, or depraved

15 manner in that it involved torture or serious physical

16 abuse to the victim.

17 ‘‘(7) PROCUREMENT OF OFFENSE BY PAY18 MENT.—The defendant procured the commission of

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

20 anything of pecuniary value.

21 ‘‘(8) COMMISSION OF THE OFFENSE FOR PECU22 NIARY GAIN.—The defendant committed the offense

23 as consideration for the receipt, or in the expectation

24 of the receipt, of anything of pecuniary value.
147

•S 1356 IS

1 ‘‘(9) SUBSTANTIAL PLANNING AND

2 PREMEDITATION.—The defendant committed the of3 fense after substantial planning and premeditation.

4 ‘‘(10) VULNERABILITY OF VICTIM.—The victim

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

6 infirmity.

7 ‘‘(11) TYPE OF VICTIM.—The defendant com8 mitted the offense against—

9 ‘‘(A) the President of the United States,

10 the President-elect, the Vice President, the Vice

11 President-elect, the Vice President-designate,

12 or, if there was no Vice President, the officer

13 next in order of succession to the office of the

14 President of the United States, or any person

15 acting as President under the Constitution and

16 laws of the United States;

17 ‘‘(B) a chief of state, head of government,

18 or the political equivalent, of a foreign nation;

19 ‘‘(C) a foreign official listed in section

20 1116(b)(3)(A), if that official was in the United

21 States on official business; or

22 ‘‘(D) a Federal public servant who was

23 outside of the United States or who was a Fed24 eral judge, a Federal law enforcement officer,

25 an employee (including a volunteer or contract
148

•S 1356 IS

1 employee) of a Federal prison, or an official of

2 the Federal Bureau of Prisons—

3 ‘‘(i) while such public servant was en4 gaged in the performance of his official du5 ties;

6 ‘‘(ii) because of the performance of

7 such public servant’s official duties; or

8 ‘‘(iii) because of such public servant’s

9 status as a public servant.

10 For purposes of this paragraph, the terms ‘Presi11 dent-elect’ and ‘Vice President-elect’ mean such per12 sons as are the apparent successful candidates for

13 the offices of President and Vice President, respec14 tively, as ascertained from the results of the general

15 elections held to determine the electors of President

16 and Vice President in accordance with sections 1

17 and 2 of title 3; a ‘Federal law enforcement officer’

18 is a public servant authorized by law or by a Gov19 ernment agency or Congress to conduct or engage in

20 the prevention, investigation, or prosecution of an

21 offense; ‘Federal prison’ means a Federal correc22 tional, detention, or penal facility, Federal commu23 nity treatment center, or Federal halfway house, or

24 any such prison operated under contract with the

25 Federal Government; and ‘Federal judge’ means any
149

•S 1356 IS

1 judicial officer of the United States, and includes a

2 justice of the Supreme Court and a United States

3 magistrate judge.

4 The jury, or if there is no jury, the court, may consider

5 whether any other aggravating factor exists.

6 ‘‘(d) AGGRAVATING FACTORS FOR DRUG OFFENSE

7 DEATH PENALTY.—In determining whether a sentence of

8 death is justified for an offense described in section 3591

9 (3), (4), or (5), the jury, or if there is no jury, the court,

10 shall consider each of the following aggravating factors

11 and determine which, if any, exist:

12 ‘‘(1) PREVIOUS CONVICTION OF OFFENSE FOR

13 WHICH A SENTENCE OF DEATH OR LIFE IMPRISON14 MENT WAS AUTHORIZED.—The defendant has pre15 viously been convicted of another Federal or State

16 offense resulting in the death of a person, for which

17 a sentence of life imprisonment or death was author18 ized by statute.

19 ‘‘(2) PREVIOUS CONVICTION OF OTHER SERI20 OUS OFFENSES.—The defendant has previously been

21 convicted of two or more Federal or State offenses,

22 each punishable by a term of imprisonment of more

23 than one year, committed on different occasions, in24 volving the importation, manufacture, or distribution

25 of a controlled substance (as defined in section 102
150

•S 1356 IS

1 of the Controlled Substances Act (21 U.S.C. 802))

2 or the infliction of, or attempted infliction of, serious

3 bodily injury or death upon another person.

4 ‘‘(3) PREVIOUS SERIOUS DRUG FELONY CONVIC5 TION.—The defendant has previously been convicted

6 of another Federal or State offense involving the

7 manufacture, distribution, importation, or possession

8 of a controlled substance (as defined in section 102

9 of the Controlled Substances Act (21 U.S.C. 802))

10 for which a sentence of five or more years of impris11 onment was authorized by statute.

12 ‘‘(4) USE OF FIREARM.—In committing the of13 fense, or in furtherance of a continuing criminal en14 terprise of which the offense was a part, the defend15 ant used a firearm or knowingly directed, advised,

16 authorized, or assisted another to use a firearm (as

17 defined in section 921) to threaten, intimidate, as18 sault, or injure a person.

19 ‘‘(5) DISTRIBUTION TO PERSONS UNDER 21.—

20 The offense, or a continuing criminal enterprise of

21 which the offense was a part, involved conduct pro22 scribed by section 418 of the Controlled Substances

23 Act (21 U.S.C. 859) which was committed directly

24 by the defendant or for which the defendant would

25 be liable under section 2 of this title.
151

•S 1356 IS

1 ‘‘(6) DISTRIBUTION NEAR SCHOOLS.—The of2 fense, or a continuing criminal enterprise of which

3 the offense was a part, involved conduct proscribed

4 by section 419 of the Controlled Substances Act (21

5 U.S.C. 860) which was committed directly by the de6 fendant or for which the defendant would be liable

7 under section 2 of this title.

8 ‘‘(7) USING MINORS IN TRAFFICKING.—The of9 fense, or a continuing criminal enterprise of which

10 the offense was a part, involved conduct proscribed

11 by section 420 of the Controlled Substances Act (21

12 U.S.C. 861) which was committed directly by the de13 fendant or for which the defendant would be liable

14 under section 2 of this title.

15 ‘‘(8) LETHAL ADULTERANT.—The offense in16 volved the importation, manufacture, or distribution

17 of a controlled substance (as defined in section 102

18 of the Controlled Substances Act (21 U.S.C. 802)),

19 mixed with a potentially lethal adulterant, and the

20 defendant was aware of the presence of the

21 adulterant.

22 The jury, or if there is no jury, the court, may consider

23 whether any other aggravating factor exists.
152

•S 1356 IS

1 ‘‘§ 3593. Special hearing to determine whether a sen2 tence of death is justified

3 ‘‘(a) NOTICE BY THE GOVERNMENT.—Whenever the

4 Government intends to seek the death penalty for an of5 fense described in section 3591, the attorney for the Gov6 ernment, a reasonable time before the trial, or before ac7 ceptance by the court of a plea of guilty, or at such time

8 thereafter as the court may permit upon a showing of good

9 cause, shall sign and file with the court, and serve on the

10 defendant, a notice that the Government in the event of

11 conviction will seek the sentence of death. The notice shall

12 set forth the aggravating factor or factors enumerated in

13 section 3592, and any other aggravating factor not specifi14 cally enumerated in section 3592, that the Government,

15 if the defendant is convicted, will seek to prove as the basis

16 for the death penalty. The factors for which notice is pro17 vided under this subsection may include factors concerning

18 the effect of the offense on the victim and the victim’s

19 family. The court may permit the attorney for the Govern20 ment to amend the notice upon a showing of good cause.

21 ‘‘(b) HEARING BEFORE A COURT OR JURY.—When

22 the attorney for the Government has filed a notice as re23 quired under subsection (a) and the defendant is found

24 guilty of an offense described in section 3591, the judge

25 who presided at the trial or before whom the guilty plea

26 was entered, or another judge if that judge is unavailable,
153

•S 1356 IS

1 shall conduct a separate sentencing hearing to determine

2 the punishment to be imposed. Prior to such a hearing,

3 no presentence report shall be prepared by the United

4 States Probation Service, notwithstanding the provisions

5 of the Federal Rules of Criminal Procedure. The hearing

6 shall be conducted—

7 ‘‘(1) before the jury that determined the de8 fendant’s guilt;

9 ‘‘(2) before a jury impaneled for the purpose of

10 the hearing if—

11 ‘‘(A) the defendant was convicted upon a

12 plea of guilty;

13 ‘‘(B) the defendant was convicted after a

14 trial before the court sitting without a jury;

15 ‘‘(C) the jury that determined the defend16 ant’s guilt was discharged for good cause; or

17 ‘‘(D) after initial imposition of a sentence

18 under this section, reconsideration of the sen19 tence under the section is necessary; or

20 ‘‘(3) before the court alone, upon motion of the

21 defendant and with the approval of the attorney for

22 the Government.

23 A jury impaneled pursuant to paragraph (2) shall consist

24 of 12 members, unless, at any time before the conclusion
154

•S 1356 IS

1 of the hearing, the parties stipulate, with the approval of

2 the court, that it shall consist of a lesser number.

3 ‘‘(c) PROOF OF MITIGATING AND AGGRAVATING FAC4 TORS.—At the hearing, information may be presented as

5 to—

6 ‘‘(1) any matter relating to any mitigating fac7 tor listed in section 3592 and any other mitigating

8 factor; and

9 ‘‘(2) any matter relating to any aggravating

10 factor listed in section 3592 for which notice has

11 been provided under subsection (a) and (if informa12 tion is presented relating to such a listed factor) any

13 other aggravating factor for which notice has been

14 so provided.

15 The information presented may include the trial transcript

16 and exhibits. Any other information relevant to such miti17 gating or aggravating factors may be presented by either

18 the Government or the defendant. The information pre19 sented by the Government in support of factors concerning

20 the effect of the offense on the victim and the victim’s

21 family may include oral testimony, a victim impact state22 ment that identifies the victim of the offense and the na23 ture and extent of harm and loss suffered by the victim

24 and the victim’s family, and other relevant information.

25 Information is admissible regardless of its admissibility
155

•S 1356 IS

1 under the rules governing admission of evidence at crimi2 nal trials, except that information may be excluded if its

3 probative value is outweighed by the danger of creating

4 unfair prejudice, confusing the issues, or misleading the

5 jury. The attorney for the Government and for the defend6 ant shall be permitted to rebut any information received

7 at the hearing, and shall be given fair opportunity to

8 present argument as to the adequacy of the information

9 to establish the existence of any aggravating or mitigating

10 factor, and as to the appropriateness in that case of im11 posing a sentence of death. The attorney for the Govern12 ment shall open the argument. The defendant shall be per13 mitted to reply. The Government shall then be permitted

14 to reply in rebuttal. The burden of establishing the exist15 ence of an aggravating factor is on the Government, and

16 is not satisfied unless the existence of such a factor is es17 tablished beyond a reasonable doubt. The burden of estab18 lishing the existence of any mitigating factor is on the de19 fendant, and is not satisfied unless the existence of such

20 a factor is established by a preponderance of the evidence.

21 ‘‘(d) RETURN OF SPECIAL FINDINGS.—The jury, or

22 if there is no jury, the court, shall consider all the informa23 tion received during the hearing. It shall return special

24 findings identifying any aggravating factor or factors set

25 forth in section 3592 found to exist and any other aggra-
156

•S 1356 IS

1 vating factor for which notice has been provided under

2 subsection (a) found to exist. A finding with respect to

3 a mitigating factor may be made by one or more members

4 of the jury, and any member of the jury who finds the

5 existence of a mitigating factor may consider such factor

6 established for purposes of this section regardless of the

7 number of jurors who concur that the factor has been es8 tablished. A finding with respect to any aggravating factor

9 must be unanimous. If no aggravating factor set forth in

10 section 3592 is found to exist, the court shall impose a

11 sentence other than death authorized by law.

12 ‘‘(e) RETURN OF A FINDING CONCERNING A SEN13 TENCE OF DEATH.—If, in the case of—

14 ‘‘(1) an offense described in section 3591(1), an

15 aggravating factor required to be considered under

16 section 3592(b) is found to exist;

17 ‘‘(2) an offense described in section 3591 (2) or

18 (6), an aggravating factor required to be considered

19 under section 3592(c) is found to exist; or

20 ‘‘(3) an offense described in section 3591 (3),

21 (4), or (5), an aggravating factor required to be con22 sidered under section 3592(d) is found to exist,

23 the jury, or if there is no jury, the court, shall then con24 sider whether the aggravating factor or factors found to

25 exist under subsection (d) outweigh any mitigating factor
157

•S 1356 IS

1 or factors. The jury, or if there is no jury, the court shall

2 recommend a sentence of death if it unanimously finds at

3 least one aggravating factor and no mitigating factor or

4 if it finds one or more aggravating factors which outweigh

5 any mitigating factors. In any other case, it shall not rec6 ommend a sentence of death. The jury shall be instructed

7 that it must avoid any influence of sympathy, sentiment,

8 passion, prejudice, or other arbitrary factors in its deci9 sion, and should make such a recommendation as the in10 formation warrants.

11 ‘‘(f) SPECIAL PRECAUTION TO ENSURE AGAINST

12 DISCRIMINATION.—In a hearing held before a jury, the

13 court, prior to the return of a finding under subsection

14 (e), shall instruct the jury that, in considering whether

15 a sentence of death is justified, it shall not be influenced

16 by prejudice or bias relating to the race, color, religion,

17 national origin, or sex of the defendant or of any victim

18 and that the jury is not to recommend a sentence of death

19 unless it has concluded that it would recommend a sen20 tence of death for the crime in question no matter what

21 the race, color, religion, national origin, or sex of the de22 fendant or of any victim may be. The jury, upon return

23 of a finding under subsection (e), shall also return to the

24 court a certificate, signed by each juror, that prejudice or

25 bias relating to the race, color, religion, national origin,
158

•S 1356 IS

1 or sex of the defendant or any victim was not involved

2 in reaching his or her individual decision and that the indi3 vidual juror would have made the same recommendation

4 regarding a sentence for the crime in question no matter

5 what the race, color, religion, national origin, or sex of

6 the defendant or any victim may be.

7 ‘‘§ 3594. Imposition of a sentence of death

8 ‘‘Upon the recommendation under section 3593(e)

9 that a sentence of death be imposed, the court shall sen10 tence the defendant to death. Otherwise the court shall

11 impose a sentence, other than death, authorized by law.

12 Notwithstanding any other provision of law, if the maxi13 mum term of imprisonment for the offense is life imprison14 ment, the court may impose a sentence of life imprison15 ment without the possibility of release.

16 ‘‘§ 3595. Review of a sentence of death

17 ‘‘(a) APPEAL.—In a case in which a sentence of death

18 is imposed, the sentence shall be subject to review by the

19 court of appeals upon appeal by the defendant. Notice of

20 appeal of the sentence must be filed within the time speci21 fied for the filing of a notice of appeal of the judgment

22 of conviction. An appeal of the sentence under this section

23 may be consolidated with an appeal of the judgment of

24 conviction and shall have priority over all other cases.
159

•S 1356 IS

1 ‘‘(b) REVIEW.—The court of appeals shall review the

2 entire record in the case, including—

3 ‘‘(1) the evidence submitted during the trial;

4 ‘‘(2) the information submitted during the sen5 tencing hearing;

6 ‘‘(3) the procedures employed in the sentencing

7 hearing; and

8 ‘‘(4) the special findings returned under section

9 3593(d).

10 ‘‘(c) DECISION AND DISPOSITION.—

11 ‘‘(1) AFFIRMANCE.—If the court of appeals de12 termines that—

13 ‘‘(A) the sentence of death was not im14 posed under the influence of passion, prejudice,

15 or any other arbitrary factor;

16 ‘‘(B) the evidence and information support

17 the special findings of the existence of an ag18 gravating factor or factors; and

19 ‘‘(C) the proceedings did not involve any

20 other prejudicial error requiring reversal of the

21 sentence that was properly preserved for and

22 raised on appeal,

23 it shall affirm the sentence.

24 ‘‘(2) REMAND.—In a case in which the sentence

25 is not affirmed under paragraph (1), the court of
160

•S 1356 IS

1 appeals shall remand the case for reconsideration

2 under section 3593 or for imposition of another au3 thorized sentence as appropriate, except that the

4 court shall not reverse a sentence of death on the

5 ground that an aggravating factor was invalid or

6 was not supported by the evidence and information

7 if at least one aggravating factor required to be con8 sidered under section 3592 remains which was found

9 to exist and the court, on the basis of the evidence

10 submitted at trial and the information submitted at

11 the sentencing hearing, finds no mitigating factor or

12 finds that the remaining aggravating factor or fac13 tors which were found to exist outweigh any mitigat14 ing factors.

15 ‘‘(3) STATEMENT OF REASONS.—The court of

16 appeals shall state in writing the reasons for its dis17 position of an appeal of a sentence of death under

18 this section.

19 ‘‘§ 3596. Implementation of a sentence of death

20 ‘‘(a) IN GENERAL.—A person who has been sen21 tenced to death pursuant to this chapter shall be commit22 ted to the custody of the Attorney General until exhaus23 tion of the procedures for appeal of the judgment of con24 viction and for review of the sentence. When the sentence

25 is to be implemented, the Attorney General shall release
161

•S 1356 IS

1 the person sentenced to death to the custody of a United

2 States Marshal, who shall supervise implementation of the

3 sentence in the manner prescribed by the law of the State

4 in which the sentence is imposed. If the law of such State

5 does not provide for implementation of a sentence of

6 death, the court shall designate another State, the law of

7 which does so provide, and the sentence shall be imple8 mented in the manner prescribed by such law.

9 ‘‘(b) SPECIAL BARS TO EXECUTION.—A sentence of

10 death shall not be carried out upon a person who lacks

11 the mental capacity to understand the death penalty and

12 why it was imposed on that person, or upon a woman while

13 she is pregnant.

14 ‘‘(c) EMPLOYEES MAY DECLINE TO PARTICIPATE.—

15 No employee of any State department of corrections, the

16 Federal Bureau of Prisons, or the United States Marshals

17 Service, and no employee providing services to that depart18 ment, bureau, or service under contract shall be required,

19 as a condition of that employment or contractual obliga20 tion, to be in attendance at or to participate in any execu21 tion carried out under this section if such participation

22 is contrary to the moral or religious convictions of the em23 ployee. For purposes of this subsection, the term ‘partici24 pate in any execution’ includes personal preparation of the

25 condemned individual and the apparatus used for the exe-
162

•S 1356 IS

1 cution, and supervision of the activities of other personnel

2 in carrying out such activities.

3 ‘‘§ 3597. Use of State facilities

4 ‘‘A United States Marshal charged with supervising

5 the implementation of a sentence of death may use appro6 priate State or local facilities for the purpose, may use

7 the services of an appropriate State or local official or of

8 a person such an official employs for the purpose, and

9 shall pay the costs thereof in an amount approved by the

10 Attorney General.

11 ‘‘§ 3598. Appointment of counsel

12 ‘‘(a) REPRESENTATION OF INDIGENT DEFEND13 ANTS.—This section shall govern the appointment of coun14 sel for any defendant against whom a sentence of death

15 is sought, or on whom a sentence of death has been im16 posed, for an offense against the United States, where the

17 defendant is or becomes financially unable to obtain ade18 quate representation. Such a defendant shall be entitled

19 to appointment of counsel from the commencement of trial

20 proceedings until one of the conditions specified in section

21 3599(b) has occurred. This section shall not affect the ap22 pointment of counsel and the provision of ancillary legal

23 services under section 408(q) (4), (5), (6), (7), (8), (9),

24 and (10) of the Controlled Substances Act (21 U.S.C. 848

25 (q) (4), (5), (6), (7), (8), (9), and (10)).
163

•S 1356 IS

1 ‘‘(b) REPRESENTATION BEFORE FINALITY OF JUDG2 MENT.—A defendant within the scope of this section shall

3 have counsel appointed for trial representation as provided

4 in section 3005. At least 1 counsel so appointed shall con5 tinue to represent the defendant until the conclusion of

6 direct review of the judgment, unless replaced by the court

7 with other qualified counsel.

8 ‘‘(c) REPRESENTATION AFTER FINALITY OF JUDG9 MENT.—When a judgment imposing a sentence of death

10 has become final through affirmance by the Supreme

11 Court on direct review, denial of certiorari by the Supreme

12 Court on direct review, or expiration of the time for seek13 ing direct review in the court of appeals or the Supreme

14 Court, the Government shall promptly notify the district

15 court that imposed the sentence. Within 10 days after re16 ceipt of such notice, the district court shall proceed to

17 make a determination whether the defendant is eligible

18 under this section for appointment of counsel for subse19 quent proceedings. On the basis of the determination, the

20 court shall issue an order—

21 ‘‘(1) appointing 1 or more counsel to represent

22 the defendant upon a finding that the defendant is

23 financially unable to obtain adequate representation

24 and wishes to have counsel appointed or is unable
164

•S 1356 IS

1 competently to decide whether to accept or reject ap2 pointment of counsel;

3 ‘‘(2) finding, after a hearing if necessary, that

4 the defendant rejected appointment of counsel and

5 made the decision with an understanding of its legal

6 consequences; or

7 ‘‘(3) denying the appointment of counsel upon

8 a finding that the defendant is financially able to ob9 tain adequate representation.

10 Counsel appointed pursuant to this subsection shall be dif11 ferent from the counsel who represented the defendant at

12 trial and on direct review unless the defendant and counsel

13 request a continuation or renewal of the earlier represen14 tation.

15 ‘‘(d) STANDARDS FOR COMPETENCE OF COUNSEL.—

16 In relation to a defendant who is entitled to appointment

17 of counsel under this section, at least 1 counsel appointed

18 for trial representation must have been admitted to the

19 bar for at least 5 years and have at least 3 years of experi20 ence in the trial of felony cases in the federal district

21 courts. If new counsel is appointed after judgment, at

22 least 1 counsel so appointed must have been admitted to

23 the bar for at least 5 years and have at least 3 years of

24 experience in the litigation of felony cases in the Federal

25 courts of appeals or the Supreme Court. The court, for
165

•S 1356 IS

1 good cause, may appoint counsel who does not meet the

2 standards prescribed in the 2 preceding sentences, but

3 whose background, knowledge, or experience would other4 wise enable him or her to properly represent the defend5 ant, with due consideration of the seriousness of the pen6 alty and the nature of the litigation.

7 ‘‘(e) APPLICABILITY OF CRIMINAL JUSTICE ACT.—

8 Except as otherwise provided in this section, section

9 3006A shall apply to appointments under this section.

10 ‘‘(f) CLAIMS OF INEFFECTIVENESS OF COUNSEL.—

11 The ineffectiveness or incompetence of counsel during pro12 ceedings on a motion under section 2255 of title 28 in

13 a capital case shall not be a ground for relief from the

14 judgment or sentence in any proceeding. This limitation

15 shall not preclude the appointment of different counsel at

16 any stage of the proceedings.

17 ‘‘§ 3599. Collateral attack on judgment imposing sen18 tence of death

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

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

21 and the judgment has become final as described in section

22 3598(c), a motion in the case under section 2255 of title

23 28 shall be filed within 90 days of the issuance of the

24 order relating to appointment of counsel under section

25 3598(c). The court in which the motion is filed, for good
166

•S 1356 IS

1 cause shown, may extend the time for filing for a period

2 not exceeding 60 days. A motion described in this section

3 shall have priority over all noncapital matters in the dis4 trict court, and in the court of appeals on review of the

5 district court’s decision.

6 ‘‘(b) STAY OF EXECUTION.—The execution of a sen7 tence of death shall be stayed in the course of direct review

8 of the judgment and during the litigation of an initial mo9 tion in the case under section 2255 of title 28. The stay

10 shall run continuously following imposition of the sen11 tence, and shall expire if—

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

13 section 2255 of title 28 within the time specified in

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

15 for court of appeals review following the denial of

16 such a motion by a district court;

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

18 of appeals review under section 2255 of title 28, the

19 motion under that section is denied and—

20 ‘‘(A) the time for filing a petition for cer21 tiorari has expired and no petition has been

22 filed;

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

24 filed and the Supreme Court denied the peti25 tion; or
167

•S 1356 IS

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

2 filed and upon consideration of the case, the

3 Supreme Court disposed of it in a manner that

4 left the capital sentence undisturbed; or

5 ‘‘(3) before a district court, in the presence of

6 counsel and after having been advised of the con7 sequences of the decision to do so, the defendant

8 waives the right to file a motion under section 2255

9 of title 28.

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

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

12 court thereafter shall have the authority to enter a stay

13 of execution or grant relief in the case unless—

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

15 is a claim not presented in earlier proceedings;

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

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

18 violation of the Constitution or laws of the

19 United States;

20 ‘‘(B) the result of the Supreme Court rec21 ognition of a new Federal right that is retro22 actively applicable; or

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

24 could not have been discovered through the ex-
168

•S 1356 IS

1 ercise of reasonable diligence in time to present

2 the claim in earlier proceedings; and

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

4 sufficient, if proven, to undermine the court’s con5 fidence in the determination of guilt on the offense

6 or offenses for which the death penalty was imposed.

7 ‘‘§ 3600. Application in Indian country

8 ‘‘Notwithstanding sections 1152 and 1153, no person

9 subject to the criminal jurisdiction of an Indian tribal gov10 ernment shall be subject to a capital sentence under this

11 chapter for any offense the Federal jurisdiction for which

12 is predicated solely on Indian country as defined in section

13 1151 and which has occurred within the boundaries of

14 such Indian country, unless the governing body of the

15 tribe has made an election that this chapter have effect

16 over land and persons subject to its criminal jurisdiction.’’.

17 (b) TECHNICAL AMENDMENT.—The part analysis for

18 part II of title 18, United States Code, is amended by

19 adding after the item relating to chapter 227 the following

20 new item:

‘‘228. Death penalty procedures ................................................... 3591.’’.
169

•S 1356 IS

1 SEC. 603. CONFORMING AMENDMENT RELATING TO DE2 STRUCTION OF AIRCRAFT OR AIRCRAFT

3 FACILITIES.

4 Section 34 of title 18, United States Code, is amend5 ed by striking the comma after ‘‘life’’ and all that follows

6 through ‘‘order’’.

7 SEC. 604. CONFORMING AMENDMENT RELATING TO ESPIO8 NAGE.

9 Section 794(a) of title 18, United States Code, is

10 amended by striking the period at the end and inserting

11 ‘‘, except that the sentence of death shall not be imposed

12 unless the jury or, if there is no jury, the court, further

13 finds beyond a reasonable doubt at a hearing under sec14 tion 3593 that the offense directly concerned—

15 ‘‘(1) nuclear weaponry, military spacecraft and

16 satellites, early warning systems, or other means of

17 defense or retaliation against large-scale attack;

18 ‘‘(2) war plans;

19 ‘‘(3) communications intelligence or cryp20 tographic information;

21 ‘‘(4) sources or methods of intelligence or coun22 terintelligence operations; or

23 ‘‘(5) any other major weapons system or major

24 element of defense strategy.’’.
170

•S 1356 IS

1 SEC. 605. CONFORMING AMENDMENT RELATING TO TRANS2 PORTING EXPLOSIVES.

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

4 amended by striking ‘‘as provided in section 34 of this

5 title’’.

6 SEC. 606. CONFORMING AMENDMENT RELATING TO MALI7 CIOUS DESTRUCTION OF FEDERAL PROP8 ERTY BY EXPLOSIVES.

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

10 amended by striking ‘‘as provided in section 34 of this

11 title’’.

12 SEC. 607. CONFORMING AMENDMENT RELATING TO MALI13 CIOUS DESTRUCTION OF INTERSTATE PROP14 ERTY BY EXPLOSIVES.

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

16 amended by striking ‘‘as provided in section 34 of this

17 title’’.

18 SEC. 608. CONFORMING AMENDMENT RELATING TO

19 MURDER.

20 Section 1111(b) of title 18, United States Code, is

21 amended to read as follows:

22 ‘‘(b) Within the special maritime and territorial juris23 diction of the United States—

24 ‘‘(1) whoever is guilty of murder in the first de25 gree shall be punished by death or by imprisonment

26 for life; and
171

•S 1356 IS

1 ‘‘(2) whoever is guilty of murder in the second

2 degree shall be imprisoned for any term of years or

3 for life.’’.

4 SEC. 609. CONFORMING AMENDMENT RELATING TO KILL5 ING OFFICIAL GUESTS OR INTERNATIONALLY

6 PROTECTED PERSONS.

7 Section 1116(a) of title 18, United States Code, is

8 amended by striking the comma after ‘‘title’’ and all that

9 follows through ‘‘years’’.

10 SEC. 610. MURDER BY FEDERAL PRISONER.

11 (a) OFFENSE.—Chapter 51 of title 18, United States

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

13 section:

14 ‘‘§ 1118. Murder by a Federal prisoner

15 ‘‘(a) OFFENSE.—Whoever, while confined in a Fed16 eral prison under a sentence for a term of life imprison17 ment, murders another shall be punished by death or by

18 life imprisonment without the possibility of release.

19 ‘‘(b) DEFINITIONS.—For purposes of this section—

20 ‘‘(1) ‘Federal prison’ means any Federal correc21 tional, detention, or penal facility, Federal commu22 nity treatment center, or Federal halfway house, or

23 any such prison operated under contract with the

24 Federal Government; and
172

•S 1356 IS

1 ‘‘(2) ‘term of life imprisonment’ means a sen2 tence for the term of natural life, a sentence com3 muted to natural life, an indeterminate term of a

4 minimum of at least 15 years and a maximum of

5 life, or an unexecuted sentence of death.’’.

6 (b) TECHNICAL AMENDMENT.—The chapter analysis

7 for chapter 51 of title 18, United States Code, is amended

8 by adding at the end the following new item:

‘‘1118. Murder by a Federal prisoner.’’.

9 SEC. 611. CONFORMING AMENDMENT RELATING TO

10 KIDNAPPING.

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

12 amended by striking the period at the end and inserting

13 ‘‘and, if the death of any person results, shall be punished

14 by death or life imprisonment’’.

15 SEC. 612. CONFORMING AMENDMENT RELATING TO HOS16 TAGE TAKING.

17 Section 1203(a) of title 18, United States Code, is

18 amended by striking the period at the end and inserting

19 ‘‘and, if the death of any person results, shall be punished

20 by death or life imprisonment’’.

21 SEC. 613. CONFORMING AMENDMENT RELATING TO MAIL22 ABILITY OF INJURIOUS ARTICLES.

23 The last paragraph of section 1716 of title 18, United

24 States Code, is amended by striking the comma after

25 ‘‘life’’ and all that follows through ‘‘order’’.
173

•S 1356 IS

1 SEC. 614. CONFORMING AMENDMENT RELATING TO PRESI2 DENTIAL ASSASSINATION.

3 Section 1751(c) of title 18, United States Code, is

4 amended to read as follows:

5 ‘‘(c) Whoever attempts to murder or kidnap any indi6 vidual designated in subsection (a) shall be punished—

7 ‘‘(1) by imprisonment for any term of years or

8 for life; or

9 ‘‘(2) if the conduct constitutes an attempt to

10 murder the President of the United States and re11 sults in bodily injury to the President or otherwise

12 comes dangerously close to causing the death of the

13 President, by death or imprisonment for any term of

14 years or for life.’’.

15 SEC. 615. CONFORMING AMENDMENT RELATING TO MUR16 DER FOR HIRE.

17 Section 1958(a) of title 18, United States Code, is

18 amended by striking ‘‘and if death results, shall be subject

19 to imprisonment for any term of years or for life, or shall

20 be fined not more than $50,000, or both’’ and inserting

21 ‘‘and if death results, shall be punished by death or life

22 imprisonment, or shall be fined in accordance with this

23 title, or both’’.
174

•S 1356 IS

1 SEC. 616. CONFORMING AMENDMENT RELATING TO VIO2 LENT CRIMES IN AID OF RACKETEERING

3 ACTIVITY.

4 Section 1959(a)(1) of title 18, United States Code,

5 is amended to read as follows:

6 ‘‘(1) for murder, by death or life imprisonment,

7 or a fine in accordance with this title, or both, and

8 for kidnapping, by imprisonment for any term of

9 years or for life, or a fine in accordance with this

10 title, or both;’’.

11 SEC. 617. CONFORMING AMENDMENT RELATING TO

12 WRECKING TRAINS.

13 The penultimate paragraph of section 1992 of title

14 18, United States Code, is amended by striking the comma

15 after ‘‘life’’ and all that follows through ‘‘order’’.

16 SEC. 618. CONFORMING AMENDMENT RELATING TO BANK

17 ROBBERY.

18 Section 2113(e) of title 18, United States Code, is

19 amended by striking ‘‘or punished by death if the verdict

20 of the jury shall so direct’’ and inserting ‘‘or if death re21 sults shall be punished by death or life imprisonment’’.

22 SEC. 619. CONFORMING AMENDMENT RELATING TO TER23 RORIST ACTS.

24 Section 2332(a)(1) of title 18, United States Code,

25 as redesignated by section 601(b)(2), is amended to read

26 as follows:
175

•S 1356 IS

1 ‘‘(1) if the killing is murder as defined in sec2 tion 1111(a), be fined under this title, punished by

3 death or imprisonment for any term of years or for

4 life, or both;’’.

5 SEC. 620. CONFORMING AMENDMENT RELATING TO AIR6 CRAFT HIJACKING.

7 Section 903 of the Federal Aviation Act of 1958 (49

8 U.S.C. App. 1473) is amended by striking subsection (c).

9 SEC. 621. CONFORMING AMENDMENT TO CONTROLLED

10 SUBSTANCES ACT.

11 Section 408 of the Controlled Substances Act (21

12 U.S.C. 848) is amended by striking subsections (g), (h),

13 (i), (j), (k), (l), (m), (n), (o), (p), (q) (1), (2), and (3),

14 and (r).

15 SEC. 622. CONFORMING AMENDMENT RELATING TO GENO16 CIDE.

17 Section 1091(b)(1) of title 18, United States Code,

18 is amended by striking ‘‘a fine of not more than

19 $1,000,000 and imprisonment for life’’ and inserting

20 ‘‘death or imprisonment for life and a fine of not more

21 than $1,000,000’’.

22 SEC. 623. PROTECTION OF COURT OFFICERS AND JURORS.

23 Section 1503 of title 18, United States Code, is

24 amended—

25 (1) by inserting ‘‘(a)’’ before ‘‘Whoever’’;
176

•S 1356 IS

1 (2) in subsection (a), as designated by para2 graph (1)—

3 (A) by striking ‘‘commissioner’’ each place

4 it appears and inserting ‘‘magistrate judge’’;

5 and

6 (B) by striking ‘‘fined not more than

7 $5,000 or imprisoned not more than five years,

8 or both’’ and inserting ‘‘punished as provided in

9 subsection (b)’’; and

10 (3) by adding at the end the following new sub11 section:

12 ‘‘(b) The punishment for an offense under this sec13 tion is—

14 ‘‘(1) in the case of a killing, the punishment

15 provided in sections 1111 and 1112;

16 ‘‘(2) in the case of an attempted killing, or a

17 case in which the offense was committed against a

18 petit juror and in which a class A or B felony was

19 charged, imprisonment for not more than 20 years;

20 and

21 ‘‘(3) in any other case, imprisonment for not

22 more than 10 years.’’.
177

•S 1356 IS

1 SEC. 624. PROHIBITION OF RETALIATORY KILLINGS OF

2 WITNESSES, VICTIMS, AND INFORMANTS.

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

4 amended—

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

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

7 (2) by inserting before subsection (b), as redes8 ignated by paragraph (1), the following new sub9 section:

10 ‘‘(a)(1) Whoever kills or attempts to kill another per11 son with intent to retaliate against any person for—

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

13 official proceeding, or any testimony given or any

14 record, document, or other object produced by a wit15 ness in an official proceeding; or

16 ‘‘(B) any information relating to the commis17 sion or possible commission of a Federal offense or

18 a violation of conditions of probation, parole, or re19 lease pending judicial proceedings given by a person

20 to a law enforcement officer,

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

22 ‘‘(2) The punishment for an offense under this sub23 section is—

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

25 provided in sections 1111 and 1112; and
178

•S 1356 IS

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

2 for not more than 20 years.’’.

3 SEC. 625. DEATH PENALTY FOR MURDER OF FEDERAL LAW

4 ENFORCEMENT OFFICERS.

5 Section 1114 of title 18, United States Code, is

6 amended by striking ‘‘be punished as provided under sec7 tions 1111 and 1112 of this title, except that’’ and insert8 ing ‘‘, in the case of murder (as defined in section 1111),

9 be punished by death or imprisonment for life, and, in the

10 case of manslaughter (as defined in section 1112), be pun11 ished as provided in section 1112, and’’.

12 SEC. 626. DEATH PENALTY FOR MURDER OF STATE OR

13 LOCAL LAW ENFORCEMENT OFFICERS AS14 SISTING FEDERAL LAW ENFORCEMENT OFFI15 CERS.

16 Section 1114 of title 18, United States Code, is

17 amended by inserting ‘‘, or any State or local law enforce18 ment officer while assisting, or on account of his or her

19 assistance of, any Federal officer or employee covered by

20 this section in the performance of duties,’’ after ‘‘other

21 statutory authority’’.
179

•S 1356 IS

1 SEC. 627. IMPLEMENTATION OF THE 1988 PROTOCOL FOR

2 THE SUPPRESSION OF UNLAWFUL ACTS OF

3 VIOLENCE AT AIRPORTS SERVING INTER4 NATIONAL CIVIL AVIATION.

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

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

7 section:

8 ‘‘§ 36. Violence at international airports

9 ‘‘(a) Whoever unlawfully and intentionally, using any

10 device, substance or weapon—

11 ‘‘(1) performs an act of violence against a per12 son at an airport serving international civil aviation

13 which causes or is likely to cause serious injury or

14 death; or

15 ‘‘(2) destroys or seriously damages the facilities

16 of an airport serving international civil aviation or a

17 civil aircraft not in service located thereon or dis18 rupts the services of the airport,

19 if such an act endangers or is likely to endanger safety

20 at the airport, or attempts to do such an act, shall be fined

21 under this title, imprisoned not more than 20 years, or

22 both, and if the death of any person results from conduct

23 prohibited by this subsection, shall be punished by death

24 or imprisoned for any term of years or for life.

25 ‘‘(b) There is jurisdiction over the activity prohibited

26 in subsection (a) if—
180

•S 1356 IS

1 ‘‘(1) the prohibited activity takes place in the

2 United States; or

3 ‘‘(2) the prohibited activity takes place outside

4 the United States and the offender is later found in

5 the United States.’’.

6 (b) TECHNICAL AMENDMENT.—The chapter analysis

7 for chapter 2 of title 18, United States Code, is amended

8 by adding at the end the following new item:

‘‘36. Violence at international airports.’’.

9 (c) EFFECTIVE DATE.—The amendments made by

10 this section shall take effect on the later of—

11 (1) the date of enactment of this Act; or

12 (2) the date on which the Protocol for the Sup13 pression of Unlawful Acts of Violence at Airports

14 Serving International Civil Aviation, Supplementary

15 to the Convention for the Suppression of Unlawful

16 Acts Against the Safety of Civil Aviation, done at

17 Montreal on 23 September 1971, has come into

18 force and the United States has become a party to

19 the Protocol.

20 SEC. 628. AMENDMENT TO FEDERAL AVIATION ACT.

21 Section 902(n) of the Federal Aviation Act of 1958

22 (49 U.S.C. App. 1472(n)) is amended—

23 (1) by striking paragraph (3); and

24 (2) by redesignating paragraph (4) as para25 graph (3).
181

•S 1356 IS

1 SEC. 629. OFFENSES OF VIOLENCE AGAINST MARITIME

2 NAVIGATION OR FIXED PLATFORMS.

3 (a) OFFENSE.—Chapter 111 of title 18, United

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

6 ‘‘§ 2280. Violence against maritime navigation

7 ‘‘(a) OFFENSE.—Whoever unlawfully and inten8 tionally—

9 ‘‘(1) seizes or exercises control over a ship by

10 force or threat thereof or any other form of intimi11 dation;

12 ‘‘(2) performs an act of violence against a per13 son on board a ship if that act is likely to endanger

14 the safe navigation of that ship;

15 ‘‘(3) destroys a ship or causes damage to a ship

16 or to its cargo which is likely to endanger the safe

17 navigation of that ship;

18 ‘‘(4) places or causes to be placed on a ship, by

19 any means whatsoever, a device or substance which

20 is likely to destroy that ship, or cause damage to

21 that ship or its cargo which endangers or is likely

22 to endanger the safe navigation of that ship;

23 ‘‘(5) destroys or seriously damages maritime

24 navigational facilities or seriously interferes with

25 their operation, if such act is likely to endanger the

26 safe navigation of a ship;
182

•S 1356 IS

1 ‘‘(6) communicates information, knowing the

2 information to be false and under circumstances in

3 which such information may reasonably be believed,

4 thereby endangering the safe navigation of a ship;

5 ‘‘(7) injures or kills any person in connection

6 with the commission or the attempted commission of

7 an offense described in paragraph (1), (2), (3), (4),

8 (5), or (6); or

9 ‘‘(8) attempts to commit any act prohibited

10 under paragraph (1), (2), (3), (4), (5), (6), or (7),

11 shall be fined under this title, imprisoned not more than

12 20 years, or both, and if the death of any person results

13 from conduct prohibited by this subsection, shall be pun14 ished by death or imprisoned for any term of years or for

15 life.

16 ‘‘(b) THREATENED OFFENSE.—Whoever threatens to

17 commit any act prohibited under subsection (a) (2), (3),

18 or (5), with apparent determination and will to carry the

19 threat into execution, if the threatened act is likely to en20 danger the safe navigation of the ship in question, shall

21 be fined under this title, imprisoned not more than 5

22 years, or both.

23 ‘‘(c) JURISDICTION.—There is jurisdiction over the

24 activity prohibited in subsections (a) and (b)—

25 ‘‘(1) in the case of a covered ship, if—
183

•S 1356 IS

1 ‘‘(A) such activity is committed—

2 ‘‘(i) against or on board a ship flying

3 the flag of the United States at the time

4 the prohibited activity is committed;

5 ‘‘(ii) in the United States; or

6 ‘‘(iii) by a national of the United

7 States or by a stateless person whose ha8 bitual residence is in the United States;

9 ‘‘(B) during the commission of such activ10 ity, a national of the United States is seized,

11 threatened, injured, or killed; or

12 ‘‘(C) the offender is later found in the

13 United States after such activity is committed;

14 ‘‘(2) in the case of a ship navigating or sched15 uled to navigate solely within the territorial sea or

16 internal waters of a country other than the United

17 States, if the offender is later found in the United

18 States after such activity is committed; and

19 ‘‘(3) in the case of any vessel, if such activity

20 is committed in an attempt to compel the United

21 States to do or abstain from doing any act.

22 ‘‘(d) DELIVERY OF PROBABLE OFFENDER.—The

23 master of a covered ship flying the flag of the United

24 States who has reasonable grounds to believe that he or

25 she has on board the ship any person who has committed
184

•S 1356 IS

1 an offense under Article 3 of the Convention for the Sup2 pression of Unlawful Acts Against the Safety of Maritime

3 Navigation may deliver such person to the authorities of

4 a State Party to that Convention. Before delivering such

5 person to the authorities of another country, the master

6 shall notify in an appropriate manner the Attorney Gen7 eral of the United States of the alleged offense and await

8 instructions from the Attorney General as to what action

9 the master should take. When delivering the person to a

10 country which is a State Party to the Convention, the mas11 ter shall, whenever practicable, and if possible before en12 tering the territorial sea of such country, notify the au13 thorities of such country of his or her intention to deliver

14 such person and the reason therefor. If the master delivers

15 such person, the master shall furnish the authorities of

16 such country with the evidence in the master’s possession

17 that pertains to the alleged offense.

18 ‘‘(e) DEFINITIONS.—In this section—

19 ‘‘ ‘covered ship’ means a ship that is navigating

20 or is scheduled to navigate into, through, or from

21 waters beyond the outer limit of the territorial sea

22 of a single country or a lateral limit of that coun23 try’s territorial sea with an adjacent country.
185

•S 1356 IS

1 ‘‘ ‘national of the United States’ has the mean2 ing stated in section 101(a)(22) of the Immigration

3 and Nationality Act (8 U.S.C. 1101(a)(22)).

4 ‘‘ ‘ship’ means a vessel of any type whatsoever

5 not permanently attached to the seabed, including

6 dynamically supported craft, submersibles or any

7 other floating craft, but does not include a warship,

8 a ship owned or operated by a government when

9 being used as a naval auxiliary or for customs or po10 lice purposes, or a ship that has been withdrawn

11 from navigation or laid up.

12 ‘‘ ‘territorial sea of the United States’ means all

13 waters extending seaward to 12 nautical miles from

14 the baselines of the United States determined in ac15 cordance with international law.

16 ‘‘ ‘United States’, when used in a geographical

17 sense, includes the Commonwealth of Puerto Rico,

18 the Commonwealth of the Northern Marianas Is19 lands, and all territories and possessions of the

20 United States.

21 ‘‘§ 2281. Violence against maritime fixed platforms

22 ‘‘(a) OFFENSE.—Whoever unlawfully and inten23 tionally—
186

•S 1356 IS

1 ‘‘(1) seizes or exercises control over a fixed

2 platform by force or threat thereof or any other

3 form of intimidation;

4 ‘‘(2) performs an act of violence against a per5 son on board a fixed platform if that act is likely to

6 endanger its safety;

7 ‘‘(3) destroys a fixed platform or causes dam8 age to it which is likely to endanger its safety;

9 ‘‘(4) places or causes to be placed on a fixed

10 platform, by any means whatsoever, a device or sub11 stance that is likely to destroy the fixed platform or

12 likely to endanger its safety;

13 ‘‘(5) injures or kills any person in connection

14 with the commission or attempted commission of an

15 offense described in paragraph (1), (2), (3), or (4);

16 or

17 ‘‘(6) attempts to do anything prohibited under

18 paragraphs (1), (2), (3), (4), or (5);

19 shall be fined under this title, imprisoned not more than

20 20 years, or both, and if death results to any person from

21 conduct prohibited by this subsection, shall be punished

22 by death or imprisoned for any term of years or for life.

23 ‘‘(b) THREATENED OFFENSE.—Whoever threatens to

24 do anything prohibited under subsection (a) (2) or (3),

25 with apparent determination and will to carry the threat
187

•S 1356 IS

1 into execution, if the threatened act is likely to endanger

2 the safety of the fixed platform, shall be fined under this

3 title or imprisoned not more than 5 years, or both.

4 ‘‘(c) JURISDICTION.—There is jurisdiction over the

5 activity prohibited in subsections (a) and (b) if—

6 ‘‘(1) such activity is committed against or on

7 board a fixed platform—

8 ‘‘(A) that is located on the continental

9 shelf of the United States;

10 ‘‘(B) that is located on the continental

11 shelf of another country, by a national of the

12 United States or by a stateless person whose

13 habitual residence is in the United States; or

14 ‘‘(C) in an attempt to compel the United

15 States to do or abstain from doing any act;

16 ‘‘(2) during the commission of such activity

17 against or on board a fixed platform located on a

18 continental shelf, a national of the United States is

19 seized, threatened, injured or killed; or

20 ‘‘(3) such activity is committed against or on

21 board a fixed platform located outside the United

22 States and beyond the continental shelf of the Unit23 ed States and the offender is later found in the

24 United States.

25 ‘‘(d) DEFINITIONS.—In this section—
188

•S 1356 IS

1 ‘‘ ‘continental shelf’ means the seabed and sub2 soil of the submarine areas that extend beyond a

3 country’s territorial sea to the limits provided by

4 customary international law as reflected in Article

5 76 of the 1982 Convention on the Law of the Sea.

6 ‘‘ ‘fixed platform’ means an artificial island, in7 stallation or structure permanently attached to the

8 seabed for the purpose of exploration or exploitation

9 of resources or for other economic purposes.

10 ‘‘ ‘national of the United States’ has the mean11 ing stated in section 101(a)(22) of the Immigration

12 and Nationality Act (8 U.S.C. 1101(a)(22)).

13 ‘‘ ‘territorial sea of the United States’ means all

14 waters extending seaward to 12 nautical miles from

15 the baselines of the United States determined in ac16 cordance with international law.

17 ‘‘ ‘United States’, when used in a geographical

18 sense, includes the Commonwealth of Puerto Rico,

19 the Commonwealth of the Northern Marianas Is20 lands, and all territories and possessions of the

21 United States.’’.

22 (b) TECHNICAL AMENDMENT.—The chapter analysis

23 for chapter 111 of title 18, United States Code, is amend24 ed by adding at the end the following new items:

‘‘2280. Violence against maritime navigation.

‘‘2281. Violence against maritime fixed platforms.’’.
189

•S 1356 IS

1 (c) EFFECTIVE DATES.—The amendments made by

2 this section shall take effect on the later of—

3 (1) the date of enactment of this Act; or

4 (2)(A) in the case of section 2280 of title 18,

5 United States Code, the date on which the Conven6 tion for the Suppression of Unlawful Acts Against

7 the Safety of Maritime Navigation has come into

8 force and the United States has become a party to

9 that Convention; and

10 (B) in the case of section 2281 of title 18,

11 United States Code, the date on which the Protocol

12 for the Suppression of Unlawful Acts Against the

13 Safety of Fixed Platforms Located on the Continen14 tal Shelf has come into force and the United States

15 has become a party to that Protocol.

16 SEC. 630. TORTURE.

17 (a) IN GENERAL.—Part I of title 18, United States

18 Code, is amended by inserting after chapter 113A the fol19 lowing new chapter:

20 ‘‘CHAPTER 113B—TORTURE

‘‘Sec.

‘‘2340. Definitions.

‘‘2340A. Torture.

‘‘2340B. Exclusive remedies.

21 ‘‘§ 2340. Definitions

22 ‘‘In this chapter—
190

•S 1356 IS

1 ‘‘ ‘severe mental pain or suffering’ means the

2 prolonged mental harm caused by or resulting

3 from—

4 ‘‘(A) the intentional infliction or threat5 ened infliction of severe physical pain or suffer6 ing;

7 ‘‘(B) the administration or application, or

8 threatened administration or application, of

9 mind-altering substances or other procedures

10 calculated to disrupt profoundly the senses or

11 the personality;

12 ‘‘(C) the threat of imminent death; or

13 ‘‘(D) the threat that another person will

14 imminently be subjected to death, severe phys15 ical pain or suffering, or the administration or

16 application of mind-altering substances or other

17 procedures calculated to disrupt profoundly the

18 senses or personality.

19 ‘‘ ‘torture’ means an act committed by a person

20 acting under the color of law specifically intended to

21 inflict severe physical or mental pain or suffering

22 (other than pain or suffering incidental to lawful

23 sanctions) upon another person within his custody or

24 physical control.
191

•S 1356 IS

1 ‘‘ ‘United States’ includes all areas under the

2 jurisdiction of the United States including any of the

3 places described in sections 5 and 7 of this title and

4 section 101(38) of the Federal Aviation Act of 1958

5 (49 U.S.C. App. 1301(38)).

6 ‘‘§ 2340A. Torture

7 ‘‘(a) OFFENSE.—Whoever outside the United States

8 commits or attempts to commit torture shall be fined

9 under this title or imprisoned not more than 20 years, or

10 both, and if death results to any person from conduct pro11 hibited by this subsection, shall be punished by death or

12 imprisoned for any term of years or for life.

13 ‘‘(b) JURISDICTION.—There is jurisdiction over the

14 activity prohibited in subsection (a) if—

15 ‘‘(1) the alleged offender is a national of the

16 United States; or

17 ‘‘(2) the alleged offender is present in the Unit18 ed States, irrespective of the nationality of the vic19 tim or the alleged offender.

20 ‘‘§ 2340B. Exclusive remedies

21 ‘‘Nothing in this chapter shall be construed as pre22 cluding the application of State or local laws on the same

23 subject, nor shall anything in this chapter be construed

24 as creating any substantive or procedural right enforceable

25 by law by any party in any civil proceeding.’’.
192

•S 1356 IS

1 (b) TECHNICAL AMENDMENT.—The part analysis for

2 part I of title 18, United States Code, is amended by in3 serting after the item relating to chapter 113A the follow4 ing new item:

‘‘113B. Torture ..................................................................................... 2340.’’.

5 (c) EFFECTIVE DATE.—The amendments made by

6 this section shall take effect on the later of—

7 (1) the date of enactment of this Act; or

8 (2) the date on which the United States has be9 come a party to the Convention Against Torture and

10 Other Cruel, Inhuman or Degrading Treatment or

11 Punishment.

12 SEC. 631. WEAPONS OF MASS DESTRUCTION.

13 (a) FINDINGS.—The Congress finds that the use and

14 threatened use of weapons of mass destruction (as defined

15 in the amendment made by subsection (b)) gravely harm

16 the national security and foreign relations interests of the

17 United States, seriously affect interstate and foreign com18 merce, and disturb the domestic tranquility of the United

19 States.

20 (b) OFFENSE.—Chapter 113A of title 18, United

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

23 ‘‘§ 2339. Use of weapons of mass destruction

24 ‘‘(a) OFFENSE.—A person who uses, or attempts or

25 conspires to use, a weapon of mass destruction—
193

•S 1356 IS

1 ‘‘(1) against a national of the United States

2 while such national is outside of the United States;

3 ‘‘(2) against any person within the United

4 States; or

5 ‘‘(3) against any property that is owned, leased,

6 or used by the United States or by any department

7 or agency of the United States, whether the property

8 is within or outside the United States,

9 shall be imprisoned for any term of years or for life, and

10 if death results, shall be punished by death or imprisoned

11 for any term of years or for life.

12 ‘‘(b) DEFINITIONS.—In this section—

13 ‘‘ ‘national of the United States’ has the mean14 ing stated in section 101(a)(22) of the Immigration

15 and Nationality Act (8 U.S.C. 1101(a)(22)).

16 ‘‘ ‘weapon of mass destruction’ means—

17 ‘‘(A) a destructive device (as defined in

18 section 921);

19 ‘‘(B) poison gas;

20 ‘‘(C) a weapon involving a disease orga21 nism; and

22 ‘‘(D) a weapon that is designed to release

23 radiation or radioactivity at a level dangerous

24 to human life.’’.
194

•S 1356 IS

1 (c) TECHNICAL AMENDMENT.—The chapter analysis

2 for chapter 113A of title 18, United States Code, is

3 amended by adding at the end the following new item:

‘‘2339. Use of weapons of mass destruction.’’.

4 SEC. 632. HOMICIDES AND ATTEMPTED HOMICIDES IN5 VOLVING FIREARMS IN FEDERAL FACILITIES.

6 Section 930 of title 18, United States Code, is

7 amended—

8 (1) by redesignating subsections (c), (d), (e),

9 (f), and (g) as subsections (d), (e), (f), (g), and (h),

10 respectively;

11 (2) in subsection (a), by striking ‘‘(c)’’ and in12 serting ‘‘(d)’’; and

13 (3) by inserting after subsection (b) the follow14 ing new subsection:

15 ‘‘(c) Whoever kills or attempts to kill any person in

16 the course of a violation of subsection (a) or (b), or in

17 the course of an attack on a Federal facility involving the

18 use of a firearm or other dangerous weapon, shall—

19 ‘‘(1) in the case of a killing constituting murder

20 (as defined in section 1111(a)), be punished by

21 death or imprisoned for any term of years or for life;

22 and

23 ‘‘(2) in the case of any other killing or an at24 tempted killing, be subject to the penalties provided

25 for engaging in such conduct within the special mar-
195

•S 1356 IS

1 itime and territorial jurisdiction of the United States

2 under sections 1112 and 1113.’’.

3 SEC. 633. DEATH PENALTY FOR CIVIL RIGHTS MURDERS.

4 (a) CONSPIRACY AGAINST RIGHTS.—Section 241 of

5 title 18, United States Code, is amended by striking ‘‘shall

6 be subject to imprisonment for any term of years or for

7 life’’ and inserting ‘‘shall be punished by death or impris8 onment for any term of years or for life’’.

9 (b) DEPRIVATION OF RIGHTS UNDER COLOR OF

10 LAW.—Section 242 of title 18, United States Code, is

11 amended by striking ‘‘shall be subject to imprisonment for

12 any term of years or for life’’ and inserting ‘‘shall be pun13 ished by death or imprisonment for any term of years or

14 for life’’.

15 (c) FEDERALLY PROTECTED ACTIVITIES.—Section

16 245(b) of title 18, United States Code, is amended by

17 striking ‘‘shall be subject to imprisonment for any term

18 of years or for life’’ and inserting ‘‘shall be punished by

19 death or imprisonment for any term of years or for life’’.

20 (d) DAMAGE TO RELIGIOUS PROPERTY; OBSTRUC21 TION OF THE FREE EXERCISE OF RELIGIOUS RIGHTS.—

22 Section 247(c)(1) of title 18, United States Code, is

23 amended by inserting ‘‘the death penalty or’’ before ‘‘im24 prisonment’’.
196

•S 1356 IS

1 SEC. 634. DEATH PENALTY FOR MURDER OF FEDERAL WIT2 NESSES.

3 Section 1512(a)(2)(A) of title 18, United States

4 Code, is amended to read as follows:

5 ‘‘(A) in the case of murder (as defined in sec6 tion 1111), the death penalty or imprisonment for

7 life, and in the case of any other killing, the punish8 ment provided in section 1112;’’.

9 SEC. 635. DRIVE-BY SHOOTINGS.

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

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

12 section:

13 ‘‘§ 931. Drive-by shootings

14 ‘‘(a) OFFENSE.—Whoever knowingly discharges a

15 firearm at a person—

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

17 trafficking activity; or

18 ‘‘(2) from a motor vehicle,

19 shall be punished by imprisonment for not more than 25

20 years, and if death results shall be punished by death or

21 by imprisonment for any term of years or for life.

22 ‘‘(b) DEFINITION.—As used in this section, the term

23 ‘drug trafficking activity’ means a drug trafficking crime

24 (as defined in section 929(a)(2)), or a pattern or series

25 of acts involving one or more drug trafficking crimes.’’.
197

•S 1356 IS

1 (b) TECHNICAL AMENDMENT.—The chapter analysis

2 for chapter 44 of title 18, United States Code, is amended

3 by adding at the end the following new item:

‘‘931. Drive-by shootings.’’.

4 SEC. 636. DEATH PENALTY FOR GUN MURDERS DURING

5 FEDERAL CRIMES OF VIOLENCE AND DRUG

6 TRAFFICKING CRIMES.

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

8 amended by adding at the end the following new sub9 section:

10 ‘‘(i) Whoever, in the course of a violation of sub11 section (c), causes the death of a person through the use

12 of a firearm, shall—

13 ‘‘(1) if the killing is a murder (as defined in

14 section 1111), be punished by death or by imprison15 ment for any term of years or for life; and

16 ‘‘(2) if the killing is manslaughter (as defined

17 in section 1112), be punished as provided in section

18 1112.’’.

19 SEC. 637. DEATH PENALTY FOR RAPE AND CHILD MOLES20 TATION MURDERS.

21 (a) OFFENSE.—Chapter 109A of title 18, United

22 States Code, is amended—

23 (1) by redesignating section 2245 as section

24 2246; and
198

•S 1356 IS

1 (2) by inserting after section 2244 the following

2 new section:

3 ‘‘§ 2245. Sexual abuse resulting in death

4 ‘‘Whoever, in the course of an offense under this

5 chapter, engages in conduct that results in the death of

6 a person, shall be punished by death or imprisoned for

7 any term of years or for life.’’.

8 (b) TECHNICAL AMENDMENT.—The chapter analysis

9 for chapter 109A of title 18, United States Code, is

10 amended by striking the item relating to section 2245 and

11 inserting the following:

‘‘2245. Sexual abuse resulting in death.

‘‘2246. Definitions for chapter.’’.

12 SEC. 638. PROTECTION OF JURORS AND WITNESSES IN

13 CAPITAL CASES.

14 Section 3432 of title 18, United States Code, is

15 amended by striking the period and inserting: ‘‘, except

16 that the list of the veniremen and witnesses need not be

17 furnished if the court finds by a preponderance of the evi18 dence that providing the list may jeopardize the life or

19 safety of any person.’’.

20 SEC. 639. INAPPLICABILITY TO UNIFORM CODE OF MILI21 TARY JUSTICE.

22 The provisions of chapter 228 of title 18, United

23 States Code, as added by this Act, shall not apply to pros-
199

•S 1356 IS

1 ecutions under the Uniform Code of Military Justice (10

2 U.S.C. 801 et seq.).

3 SEC. 640. DEATH PENALTY FOR CAUSING DEATH IN THE

4 SEXUAL EXPLOITATION OF CHILDREN.

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

6 amended by adding at the end the following new sentence:

7 ‘‘Whoever, in the course of an offense under this section,

8 engages in conduct that results in the death of a person,

9 shall be punished by death or imprisoned for any term

10 of years or for life.’’.

11 SEC. 641. MURDER BY ESCAPED PRISONERS.

12 (a) OFFENSE.—Chapter 51 of title 18, United States

13 Code, as amended by section 110, is amended by adding

14 at the end the following new section:

15 ‘‘§ 1119. Murder by escaped prisoners

16 ‘‘(a) OFFENSE.—A person who, having escaped from

17 a Federal prison where the person was confined under a

18 sentence for a term of life imprisonment, kills another per19 son, shall be punished as provided in sections 1111 and

20 1112.

21 ‘‘(b) DEFINITION.—As used in this section, the terms

22 ‘Federal prison’ and ‘term of life imprisonment’ have the

23 meanings stated in section 1118.’’.
200

•S 1356 IS

1 (b) TECHNICAL AMENDMENT.—The chapter analysis

2 for chapter 51 of title 18, United States Code, is amended

3 by adding at the end the following new item:

‘‘1119. Murder by escaped prisoners.’’.

4 SEC. 642. DEATH PENALTY FOR MURDERS IN THE DISTRICT

5 OF COLUMBIA.

6 (a) OFFENSE.—Chapter 51 of title 18, United States

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

8 section:

9 ‘‘§ 1118. Capital punishment for murders in the Dis10 trict of Columbia

11 ‘‘(a) OFFENSE.— It is an offense to cause the death

12 of a person intentionally, knowingly, or through reckless13 ness manifesting extreme indifference to human life, or

14 to cause the death of a person through the intentional in15 fliction of serious bodily injury.

16 ‘‘(b) FEDERAL JURISDICTION.—There is a federal ju17 risdiction over an offense described in this section if the

18 conduct resulting in death occurs in the District of Colum19 bia.

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

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

22 for an offense described in this section as provided in sub23 sections (d), (e), (f), (g), (h), (i), (j), (k), and (l).

24 ‘‘(d) MITIGATING FACTORS.—In determining wheth25 er to recommend a sentence of death, the jury shall con-
201

•S 1356 IS

1 sider whether any aspect of the defendant’s character,

2 background, or record or any circumstance of the offense

3 that the defendant may proffer as a mitigating factor ex4 ists, including the following factors:

5 ‘‘(1) MENTAL CAPACITY.—The defendant’s

6 mental capacity to appreciate the wrongfulness of

7 his conduct or to conform his conduct to the require8 ments of law was significantly impaired.

9 ‘‘(2) DURESS.—The defendant was under un10 usual and substantial duress.

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

12 defendant is punishable as a principal in an offense

13 committed by another person, but the defendant’s

14 participation was relatively minor.

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

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

17 consider any aggravating factor for which notice has been

18 provided under subsection (f), including the following fac19 tors—

20 ‘‘(1) KILLING IN FURTHERANCE OF DRUG

21 TRAFFICKING.—The defendant engaged in the con22 duct resulting in death in the course of or in fur23 therance of drug trafficking activity.

24 ‘‘(2) KILLING IN THE COURSE OF OTHER SERI25 OUS VIOLENT CRIMES.—The defendant engaged in
202

•S 1356 IS

1 the conduct resulting in death in the course of com2 mitting or attempting to commit an offense involving

3 robbery, burglary, sexual abuse, kidnaping, or arson.

4 ‘‘(3) MULTIPLE KILLINGS OR ENDANGERMENT

5 OF OTHERS.—The defendant committed more than

6 one offense under this section, or in committing the

7 offense knowingly created a grave risk of death to

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

9 offense.

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

11 in relation to the commission of the offense, the de12 fendant used or possessed a firearm as defined in

13 section 921.

14 ‘‘(5) PREVIOUS CONVICTION OF VIOLENT FEL15 ONY.—The defendant has previously been convicted

16 of an offense punishable by a term of imprisonment

17 of more than 1 year that involved the use or at18 tempted or threatened use of force against a person

19 or that involved sexual abuse.

20 (6) KILLING WHILE INCARCERATED OR UNDER

21 SUPERVISION.—The defendant at the time of the of22 fense was confined in or had escaped from a jail,

23 prison, or other correctional or detention facility,

24 was on pre-trial release, or was on probation, parole,
203

•S 1356 IS

1 supervised release, or other post-conviction condi2 tional release.

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

4 OF COMMISSION.—The defendant committed the of5 fense in an especially heinous, cruel, or depraved

6 manner in that it involved torture or serious physical

7 abuse to the victim.

8 ‘‘(8) PROCUREMENT OF THE OFFENSE BY PAY9 MENT.—The defendant procured the commission of

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

11 anything of pecuniary value.

12 ‘‘(9) COMMISSION OF THE OFFENSE FOR PECU13 NIARY GAIN.—The defendant committed the offense

14 as consideration for receiving, or in the expectation

15 of receiving or obtaining, anything of pecuniary

16 value.

17 ‘‘(10) SUBSTANTIAL PLANNING AND

18 PREMEDITATION.—The defendant committed the of19 fense after substantial planning and premeditation.

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

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

22 infirmity.

23 ‘‘(12) KILLING OF PUBLIC SERVANT.—The de24 fendant committed the offense against a public serv25 ant—
204

•S 1356 IS

1 ‘‘(i) while such public servant was engaged

2 in the performance of his or her official duties;

3 ‘‘(ii) because of the performance of such

4 public servant’s official duties; or

5 ‘‘(iii) because of such public servant’s sta6 tus as a public servant.

7 ‘‘(13) KILLING TO INTERFERE WITH OR RE8 TALIATE AGAINST WITNESS.—The defendant com9 mitted the offense in order to prevent or inhibit any

10 person from testifying or providing information con11 cerning an offense, or to retaliate against any person

12 for testifying or providing such information.

13 ‘‘(f) NOTICE OF INTENT TO SEEK DEATH PEN14 ALTY.—If the government intends to seek the death pen15 alty for an offense under this section, the attorney for the

16 government shall file with the court and serve on the de17 fendant a notice of such intent. The notice shall be pro18 vided a reasonable time before the trial or acceptance of

19 a guilty plea, or at such later time as the court may permit

20 for good cause. The notice shall set forth the aggravating

21 factor or factors set forth in subsection (e) and any other

22 aggravating factor or factors that the government will seek

23 to prove as the basis for the death penalty. The factors

24 for which notice is provided under this subsection may in25 clude factors concerning the effect of the offense on the
205

•S 1356 IS

1 victim and the victim’s family. The court may permit the

2 attorney for the government to amend the notice upon a

3 showing of good cause.

4 ‘‘(g) JUDGE AND JURY AT CAPITAL SENTENCING

5 HEARING.—A hearing to determine whether the death

6 penalty will be imposed for an offense under this section

7 shall be conducted by the judge who presided at trial or

8 accepted a guilty plea, or by another judge if that judge

9 is not available. The hearing shall be conducted before the

10 jury that determined the defendant’s guilt if that jury is

11 available. A new jury shall be impaneled for the purpose

12 of the hearing if the defendant pleaded guilty, the trial

13 of guilt was conducted without a jury, the jury that deter14 mined the defendant’s guilt was discharged for good

15 cause, or reconsideration of the sentence is necessary after

16 the initial imposition of a sentence of death. A jury

17 impaneled under this subsection shall have twelve mem18 bers unless the parties stipulate to a lesser number at any

19 time before the conclusion of the hearing with the approval

20 of the judge. Upon motion of the defendant, with the ap21 proval of the attorney for the government, the hearing

22 shall be carried out before the judge without a jury. If

23 there is no jury, references to ‘the jury’ in this section,

24 where applicable, shall be understood as referring to the

25 judge.
206

•S 1356 IS

1 ‘‘(h) PROOF OF MITIGATING AND AGGRAVATING

2 FACTORS.—No presentence report shall be prepared if a

3 capital sentencing hearing is held under this section. Any

4 information relevant to the existence of mitigating factors,

5 or to the existence of aggravating factors for which notice

6 has been provided under subsection (f), may be presented

7 by either the government or the defendant, regardless of

8 its admissibility under the rules governing the admission

9 of evidence at criminal trials, except that information may

10 be excluded if its probative value is outweighed by the dan11 ger of creating unfair prejudice, confusing the issues, or

12 misleading the jury. The information presented may in13 clude trial transcripts and exhibits. The attorney for the

14 government and for the defendant shall be permitted to

15 rebut any information received at the hearing, and shall

16 be given fair opportunity to present argument as to the

17 adequacy of the information to establish the existence of

18 any aggravating or mitigating factor, and as to the appro19 priateness in that case of imposing a sentence of death.

20 The attorney for the government shall open the argument,

21 the defendant shall be permitted to reply, and the govern22 ment shall then be permitted to reply in rebuttal.

23 ‘‘(i) FINDINGS OF AGGRAVATING AND MITIGATING

24 FACTORS.—The jury shall return special findings identify25 ing any aggravating factor or factors for which notice has
207

•S 1356 IS

1 been provided under subsection (f) and which the jury

2 unanimously determines have been established by the gov3 ernment beyond a reasonable doubt. A mitigating factor

4 is established if the defendant has proven its existence by

5 a preponderance of the evidence, and any member of the

6 jury who finds the existence of such a factor may regard

7 it as established for purposes of this section regardless of

8 the number of jurors who concur that the factor has been

9 established.

10 ‘‘(j) FINDING CONCERNING A SENTENCE OF

11 DEATH.—If the jury specially finds under subsection (i)

12 that one or more aggravating factors set forth in sub13 section (e) exist, and the jury further finds unanimously

14 that there are no mitigating factors or that the aggravat15 ing factor or factors specially found under subsection (i)

16 outweigh any mitigating factors, then the jury shall rec17 ommend a sentence of death. In any other case, the jury

18 shall not recommend a sentence of death. The jury shall

19 be instructed that it must avoid any influence of sym20 pathy, sentiment, passion, prejudice, or other arbitrary

21 factors in its decision, and should make such a rec22 ommendation as the information warrants.

23 ‘‘(k) SPECIAL PRECAUTION TO ENSURE AGAINST

24 DISCRIMINATION.—In a hearing held before a jury, the

25 court, before the return of a finding under subsection (j),
208

•S 1356 IS

1 shall instruct the jury that, in considering whether to rec2 ommend a sentence of death, it shall not consider the race,

3 color, religion, national origin, or sex of the defendant or

4 any victim, and that the jury is not to recommend a sen5 tence of death unless it has concluded that it would rec6 ommend a sentence of death for such a crime regardless

7 of the race, color, religion, national origin, or sex of the

8 defendant or any victim. The jury, upon the return of a

9 finding under subsection (j), shall also return to the court

10 a certificate, signed by each juror, that the race, color,

11 religion, national origin, or sex of the defendant or any

12 victim did not affect the juror’s individual decision and

13 that the individual juror would have recommended the

14 same sentence for such a crime regardless of the race,

15 color, religion, national origin, or sex of the defendant or

16 any victim.

17 ‘‘(l) IMPOSITION OF A SENTENCE OF DEATH.—Upon

18 a recommendation under subsection (j) that a sentence of

19 death be imposed, the court shall sentence the defendant

20 to death. Otherwise the court shall impose a sentence,

21 other than death, authorized by law.

22 ‘‘(m) REVIEW OF A SENTENCE OF DEATH.—

23 ‘‘(1) The defendant may appeal a sentence of

24 death under this section by filing a notice of appeal

25 of the sentence within the time provided for filing a
209

•S 1356 IS

1 notice of appeal of the judgment of conviction. An

2 appeal of a sentence under this subsection may be

3 consolidated within an appeal of the judgment of

4 conviction and shall have priority over all noncapital

5 matters in the court of appeals.

6 ‘‘(2) The court of appeals shall review the en7 tire record in the case including the evidence submit8 ted at trial and information submitted during the

9 sentencing hearing, the procedures employed in the

10 sentencing hearing, and the special findings returned

11 under subsection (i). The court of appeals shall up12 hold the sentence if it determines that the sentence

13 of death was not imposed under the influence of pas14 sion, prejudice, or any other arbitrary factor, that

15 the evidence and information support the special

16 findings under subsection (i), and that the proceed17 ings were otherwise free of prejudicial error that was

18 properly preserved for review.

19 ‘‘(3) In any other case, the court of appeals

20 shall remand the case for reconsideration of the sen21 tence or imposition of another authorized sentence

22 as appropriate, except that the court shall not re23 verse a sentence of death on the ground that an ag24 gravating factor was invalid or was not supported by

25 the evidence and information if at least one aggra-
210

•S 1356 IS

1 vating factor described in subsection (e) remains

2 which was found to exist and the court, on the basis

3 of the evidence submitted at trial and the informa4 tion submitted at the sentencing hearing, finds that

5 the remaining aggravating factor or factors which

6 were found to exist outweigh any mitigating factors.

7 The court of appeals shall state in writing the rea8 sons for its disposition of an appeal of a sentence of

9 death under this section.

10 ‘‘(n) IMPLEMENTATION OF SENTENCE OF DEATH.—

11 A person sentenced to death under this section shall be

12 committed to the custody of the Attorney General until

13 exhaustion of the procedures for appeal of the judgment

14 of conviction and review of the sentence. When the sen15 tence is to be implemented, the Attorney General shall re16 lease the person sentenced to death to the custody of a

17 United States Marshal. The Marshal shall supervise im18 plementation of the sentence in the manner prescribed by

19 the law of a State designated by the court. The Marshal

20 may use State or local facilities, may use the services of

21 an appropriate State or local official or of a person such

22 an official employs, and shall pay the costs thereof in an

23 amount approved by the Attorney General.
211

•S 1356 IS

1 ‘‘(o) SPECIAL BAR TO EXECUTION.—A sentence of

2 death shall not be carried out upon a woman while she

3 is pregnant.

4 ‘‘(p) CONSCIENTIOUS OBJECTION TO PARTICIPATION

5 IN EXECUTION.—No employee of any State department

6 of corrections, the United States Marshals Service, or the

7 Federal Bureau of Prisons, and no person providing serv8 ices to that department, service, or bureau under contract

9 shall be required, as a condition of that employment or

10 contractual obligation, to be in attendance at or to partici11 pate in any execution carried out under this section if such

12 participation is contrary to the moral or religious convic13 tions of the employee. For purposes of this subsection, the

14 term ‘participate in any execution’ includes personal prep15 aration of the condemned individual and the apparatus

16 used for the execution, and supervision of the activities

17 of other personnel in carrying out such activities.

18 ‘‘(q) APPOINTMENT OF COUNSEL FOR INDIGENT

19 CAPITAL DEFENDANTS.—A defendant against whom a

20 sentence of death is sought, or on whom a sentence of

21 death has been imposed, under this section, shall be enti22 tled to appointment of counsel from the commencement

23 of trial proceedings until one of the conditions specified

24 in subsection (v) has occurred, if the defendant is or be25 comes financially unable to obtain adequate representa-
212

•S 1356 IS

1 tion. Counsel shall be appointed for trial representation

2 as provided in section 3005, and at least 1 counsel so ap3 pointed shall continue to represent the defendant until the

4 conclusion of direct review of the judgment, unless re5 placed by the court with other qualified counsel. Except

6 as otherwise provided in this section, the provisions of sec7 tion 3006A shall apply to appointments under this section.

8 ‘‘(r) REPRESENTATION AFTER FINALITY OF JUDG9 MENT.—When a judgment imposing a sentence of death

10 under this section has become final through affirmance by

11 the Supreme Court on direct review, denial of certiorari

12 by the Supreme Court on direct review, or expiration of

13 the time for seeking direct review in the court of appeals

14 or the Supreme Court, the government shall promptly no15 tify the court that imposed the sentence. The court, within

16 10 days of receipt of such notice, shall proceed to make

17 determination whether the defendant is eligible for ap18 pointment of counsel for subsequent proceedings. The

19 court shall issue an order appointing one or more counsel

20 to represent the defendant upon a finding that the defend21 ant is financially unable to obtain adequate representation

22 and wishes to have counsel appointed or is unable com23 petently to decide whether to accept or reject appointment

24 of counsel. The court shall issue an order denying appoint25 ment of counsel upon a finding that the defendant is fi-
213

•S 1356 IS

1 nancially able to obtain adequate representation or that

2 the defendant rejected appointment of counsel with an un3 derstanding of the consequences of that decision. Counsel

4 appointed pursuant to this subsection shall be different

5 from the counsel who represented the defendant at trial

6 and on direct review unless the defendant and counsel re7 quest a continuation or renewal of the earlier representa8 tion.

9 ‘‘(s) STANDARDS FOR COMPETENCE OF COUNSEL.—

10 In relation to a defendant who is entitled to appointment

11 of counsel under subsections (q) and (r), at least 1 counsel

12 appointed for trial representation must have been admit13 ted to the bar for at least 5 years and have at least 3

14 years of experience in the trial of felony cases in the Fed15 eral district courts. If new counsel is appointed after judg16 ment, at least 1 counsel so appointed must have been ad17 mitted to the bar for at least 5 years and have at least

18 3 years of experience in the litigation of felony cases in

19 the Federal courts of appeals or the Supreme Court. The

20 court, for good cause, may appoint counsel who does not

21 meet these standards, but whose background, knowledge,

22 or experience would otherwise enable him or her to prop23 erly represent the defendant, with due consideration of the

24 seriousness of the penalty and the nature of the litigation.
214

•S 1356 IS

1 ‘‘(t) CLAIMS OF INEFFECTIVENESS OF COUNSEL IN

2 COLLATERAL PROCEEDINGS.—The ineffectiveness or in3 competence of counsel during proceedings on a motion

4 under section 2255 of title 28 in a case under this section

5 shall not be a ground for relief from the judgment or sen6 tence in any proceeding. This limitation shall not preclude

7 the appointment of different counsel at any stage of the

8 proceedings.

9 ‘‘(u) TIME FOR COLLATERAL ATTACK ON DEATH

10 SENTENCE.—A motion under section 2255 of title 28 at11 tacking a sentence of death under this section, or the con12 viction on which it is predicated, must be filed within 90

13 days of the issuance of the order under subsection (r) ap14 pointing or denying the appointment of counsel for such

15 proceedings. The court in which the motion is filed, for

16 good cause shown, may extend the time for filing for a

17 period not exceeding 60 days. Such a motion shall have

18 priority over all noncapital matters in the district court,

19 and in the court of appeals on review of the district court’s

20 decision.

21 ‘‘(v) STAY OF EXECUTION.—The execution of a sen22 tence of death under this section shall be stayed in the

23 course of direct review of the judgment and during the

24 litigation of an initial motion in the case under section
215

•S 1356 IS

1 2255 of title 28. The stay shall run continuously following

2 imposition of the sentence and shall expire if—

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

4 section 2255 of title 28 within the time specified in

5 subsection (u), or fails to make a timely application

6 for court of appeals review following the denial of

7 such a motion by a district court;

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

9 of appeals review under section 2255 of title 28 the

10 Supreme Court disposes of a petition for certiorari

11 in a manner that leaves the capital sentence undis12 turbed, or the defendant fails to file a timely petition

13 for certiorari; or

14 ‘‘(3) before a district court, in the presence of

15 counsel and after having been advised of the con16 sequences of such a decision, the defendant waives

17 the right to file a motion under section 2255 of title

18 28.

19 ‘‘(w) FINALITY OF THE DECISION ON REVIEW.—If

20 one of the conditions specified in subsection (v) has oc21 curred, no court thereafter shall have the authority to

22 enter a stay of execution or grant relief in the case un23 less—

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

25 is a claim not presented in earlier proceedings;
216

•S 1356 IS

1 ‘‘(2) the failure to raise the claim is the result

2 of governmental action in violation of the Constitu3 tion or laws of the United States, the result of the

4 Supreme Court’s recognition of a new Federal right

5 that is retroactively applicable, or the result of the

6 fact that the factual predicate of the claim could not

7 have been discovered through the exercise of reason8 able diligence in time to present the claim in earlier

9 proceedings; and

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

11 sufficient, if proven, to undermine the court’s con12 fidence in the determination of guilt on the offense

13 or offenses for which the death penalty was imposed.

14 ‘‘(x) DEFINITIONS.—In this section—

15 ‘‘ ‘arson’ means damaging or destroying a build16 ing or structure through the use of fire or explosives.

17 ‘‘ ‘burglary’ means entering or remaining in a

18 building or structure in violation of the law of the

19 District of Columbia, another State, or the United

20 States, with the intent to commit an offense in the

21 building or structure.

22 ‘‘ ‘drug trafficking activity’ means a drug traf23 ficking crime (as defined in section 929(a)(2)) or a

24 pattern or series of acts involving 1 or more drug

25 trafficking crimes.
217

•S 1356 IS

1 ‘‘ ‘kidnapping’ means seizing, confining, or ab2 ducting a person, or transporting a person without

3 his or her consent.

4 ‘‘ ‘offense’, as used in paragraphs (2), (5), and

5 (13) of subsection (e) and in this subsection, means

6 an offense under the law of the District of Columbia,

7 another State, or the United States.

8 ‘‘ ‘pre-trial release’, ‘probation’, ‘parole’, ‘super9 vised release’, and ‘other post-conviction conditional

10 release’, as used in subsection (e)(6), mean any such

11 release, imposed in relation to a charge or conviction

12 for an offense under the law of the District of Co13 lumbia, another State, or the United States.

14 ‘‘ ‘public servant’ means an employee, agent, of15 ficer, or official of the District of Columbia, another

16 State, or the United States, or an employee, agent,

17 officer, or official of a foreign government who is

18 within the scope of section 1116.

19 ‘‘ ‘robbery’ means obtaining the property of an20 other by force or threat of force.

21 ‘‘ ‘sexual abuse’ means any conduct proscribed

22 by chapter 109A, whether or not the conduct occurs

23 in the special maritime and territorial jurisdiction of

24 the United States.
218

•S 1356 IS

1 ‘‘ ‘State’ has the meaning stated in section 513,

2 including the District of Columbia.

3 ‘‘(y) JOINDER OF CHARGES.—When an offense is

4 charged under this section, the government may join any

5 charge under the District of Columbia Code that arises

6 from the same incident.’’.

7 (b) TECHNICAL AMENDMENT.—The chapter analysis

8 for chapter 51 of title 18, United States Code, is amended

9 by adding at the end the following new item:

‘‘1118. Capital punishment for murders in the District of Columbia.’’.

10 Subtitle B—Equal Justice Act

11 SEC. 651. SHORT TITLE.

12 This subtitle may be cited as the ‘‘Equal Justice

13 Act’’.

14 SEC. 652. PROHIBITION OF RACIALLY DISCRIMINATORY

15 POLICIES CONCERNING CAPITAL PUNISH16 MENT OR OTHER PENALTIES.

17 (a) GENERAL RULE.—The penalty of death and all

18 other penalties shall be administered by the United States

19 and by every State without regard to the race or color

20 of the defendant or victim. Neither the United States nor

21 any State shall prescribe any racial quota or statistical

22 test for the imposition or execution of the death penalty

23 or any other penalty.

24 (b) DEFINITIONS.—For purposes of this subtitle—
219

•S 1356 IS

1 (1) the action of the United States or of a State

2 includes the action of any legislative, judicial, execu3 tive, administrative, or other agency or instrumental4 ity of the United States or a State, or of any politi5 cal subdivision of the United States or a State;

6 (2) the term ‘‘State’’ has the meaning stated in

7 section 513 of title 18, United States Code; and

8 (3) the term ‘‘racial quota or statistical test’’

9 includes any law, rule, presumption, goal, standard

10 for establishing a prima facie case, or mandatory or

11 permissive inference that—

12 (A) requires or authorizes the imposition

13 or execution of the death penalty or another

14 penalty so as to achieve a specified racial pro15 portion relating to offenders, convicts, defend16 ants, arrestees, or victims; or

17 (B) requires or authorizes the invalidation

18 of, or bars the execution of, sentences of death

19 or other penalties based on the failure of a ju20 risdiction to achieve a specified racial propor21 tion relating to offenders, convicts, defendants,

22 arrestees, or victims in the imposition or execu23 tion of such sentences or penalties.
220

•S 1356 IS

1 SEC. 653. GENERAL SAFEGUARDS AGAINST RACIAL PREJU2 DICE OR BIAS IN THE TRIBUNAL.

3 In a criminal trial in a court of the United States,

4 or of any State—

5 (1) on motion of the defense attorney or pros6 ecutor, the risk of racial prejudice or bias shall be

7 examined on voir dire if there is a substantial likeli8 hood in the circumstances of the case that such prej9 udice or bias will affect the jury either against or in

10 favor of the defendant;

11 (2) on motion of the defense attorney or pros12 ecutor, a change of venue shall be granted if an im13 partial jury cannot be obtained in the original venue

14 because of racial prejudice or bias; and

15 (3) neither the prosecutor nor the defense at16 torney shall make any appeal to racial prejudice or

17 bias in statements before the jury.

18 SEC. 654. FEDERAL CAPITAL CASES.

19 (a) JURY INSTRUCTIONS AND CERTIFICATION.—In a

20 prosecution for an offense against the United States in

21 which a sentence of death is sought, and in which the cap22 ital sentencing determination is to be made by a jury, the

23 judge shall instruct the jury that it is not to be influenced

24 by prejudice or bias relating to the race or color of the

25 defendant or victim in considering whether a sentence of

26 death is justified, and that the jury is not to recommend
221

•S 1356 IS

1 the imposition of a sentence of death unless it has con2 cluded that it would recommend the same sentence for

3 such a crime regardless of the race or color of the defend4 ant or victim. Upon the return of a recommendation of

5 a sentence of death, the jury shall also return a certificate,

6 signed by each juror, that the juror’s individual decision

7 was not affected by prejudice or bias relating to the race

8 or color of the defendant or victim, and that the individual

9 juror would have made the same recommendation regard10 less of the race or color of the defendant or victim.

11 (b) RACIALLY MOTIVATED KILLINGS.—In a prosecu12 tion for an offense against the United States for which

13 a sentence of death is authorized, the fact that the killing

14 of the victim was motivated by racial prejudice or bias

15 shall be deemed an aggravating factor whose existence

16 permits consideration of the death penalty, in addition to

17 any other aggravating factors that may be specified by law

18 as permitting consideration of the death penalty.

19 SEC. 655. EXTENSION OF PROTECTION OF CIVIL RIGHTS

20 STATUTES.

21 (a) SECTION 241.—Section 241 of title 18, United

22 States Code, is amended by striking ‘‘inhabitant of’’ and

23 inserting ‘‘person in’’.

24 (b) SECTION 242.—Section 242 of title 18, United

25 States Code, is amended by striking ‘‘inhabitant of’’ and
222

•S 1356 IS

1 inserting ‘‘person in’’, and by striking ‘‘such inhabitant’’

2 and inserting ‘‘such person’’.

3 Subtitle C—Enhanced Penalties for

4 Criminal Use of Firearms and

5 Explosives

6 SEC. 661. SMUGGLING FIREARMS IN AID OF DRUG TRAF7 FICKING.

8 Section 924 of title 18, United States Code, as

9 amended by section 136, is amended by adding at the end

10 the following new subsection:

11 ‘‘(j) Whoever, with the intent to engage in or to pro12 mote conduct that—

13 ‘‘(1) is punishable under the Controlled Sub14 stances Act (21 U.S.C. 801 et seq.), the Controlled

15 Substances Import and Export Act (21 U.S.C. 951

16 et seq.), or the Maritime Drug Law Enforcement

17 Act (46 U.S.C. App. 1901 et seq.);

18 ‘‘(2) violates any law of a State relating to any

19 controlled substance (as defined in section 102 of

20 the Controlled Substances Act (21 U.S.C. 802)); or

21 ‘‘(3) constitutes a crime of violence (as defined

22 in subsection (c)(3) of this section),

23 smuggles or knowingly brings into the United States a

24 firearm, or attempts to do so, shall be imprisoned not

25 more than 10 years, fined under this title, or both.’’.
223

•S 1356 IS

1 SEC. 662. PROHIBITION AGAINST THEFT OF FIREARMS OR

2 EXPLOSIVES.

3 (a) FIREARMS.—Section 924 of title 18, United

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

6 ‘‘(j) Whoever steals any firearm which is moving as,

7 or is a part of, or which has moved in, interstate or foreign

8 commerce shall be imprisoned not more than 10 years,

9 fined in accordance with this title, or both.’’.

10 (b) EXPLOSIVES.—Section 844 of title 18, United

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

13 ‘‘(j) Whoever steals any explosive materials which are

14 moving as, or are a part of, or which have moved in, inter15 state or foreign commerce shall be imprisoned not more

16 than 10 years, fined in accordance with this title, or

17 both.’’.

18 SEC. 663. INCREASED PENALTY FOR KNOWINGLY FALSE,

19 MATERIAL STATEMENT IN CONNECTION

20 WITH THE ACQUISITION OF A FIREARM FROM

21 A LICENSED DEALER.

22 Section 924(a) of title 18, United States Code, is

23 amended—

24 (1) in paragraph (1)(B) by striking ‘‘(a)(6),’’;

25 and
224

•S 1356 IS

1 (2) in paragraph (2) by inserting ‘‘(a)(6),’’

2 after ‘‘subsection’’.

3 SEC. 664. SUMMARY DESTRUCTION OF EXPLOSIVES SUB4 JECT TO FORFEITURE.

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

6 amended—

7 (1) by inserting ‘‘(1)’’ before ‘‘Any’’; and

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

9 paragraphs:

10 ‘‘(2) Notwithstanding paragraph (1), in the case of

11 the seizure of any explosive materials for any offense for

12 which the materials would be subject to forfeiture where

13 it is impracticable or unsafe to remove the materials to

14 a place of storage, or where it is unsafe to store them,

15 the seizing officer may destroy the explosive materials

16 forthwith. Any destruction under this paragraph shall be

17 in the presence of at least one credible witness. The seizing

18 officer shall make a report of the seizure and take samples

19 as the Secretary may by regulation prescribe.

20 ‘‘(3) Within 60 days after any destruction made pur21 suant to paragraph (2), the owner of, including any person

22 having an interest in, the property so destroyed may make

23 application to the Secretary for reimbursement of the

24 value of the property. If the claimant establishes to the

25 satisfaction of the Secretary that—
225

•S 1356 IS

1 ‘‘(A) the property has not been used or involved

2 in a violation of law; or

3 ‘‘(B) any unlawful involvement or use of the

4 property was without the claimant’s knowledge, con5 sent, or willful blindness,

6 the Secretary shall make an allowance to the claimant not

7 exceeding the value of the property destroyed.’’.

8 SEC. 665. ELIMINATION OF OUTMODED LANGUAGE RELAT9 ING TO PAROLE.

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

11 amended—

12 (1) in subsection (c)(1) by striking ‘‘No person

13 sentenced under this subsection shall be eligible for

14 parole during the term of imprisonment imposed

15 herein.’’; and

16 (2) in subsection (e)(1) by striking ‘‘, and such

17 person shall not be eligible for parole with respect to

18 the sentence imposed under this subsection’’.

19 SEC. 666. RECEIPT OF FIREARMS BY NONRESIDENT.

20 Section 922(a) of title 18, United States Code, is

21 amended—

22 (1) in paragraph (7)(C) by striking ‘‘and’’;

23 (2) in paragraph (8)(C) by striking the period

24 and inserting ‘‘; and’’; and
226

•S 1356 IS

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

2 paragraph:

3 ‘‘(9) for any person, other than a licensed im4 porter, licensed manufacturer, licensed dealer, or li5 censed collector, who does not reside in any State to

6 receive any firearms unless such receipt is for lawful

7 sporting purposes.’’.

8 SEC. 667. PROHIBITION OF THEFT OF FIREARMS OR EXPLO9 SIVES FROM LICENSEE.

10 (a) FIREARMS.—Section 924 of title 18, United

11 States Code, as amended by section 402(a), is amended

12 by adding at the end the following new subsection:

13 ‘‘(k) Whoever steals any firearm from a licensed im14 porter, licensed manufacturer, licensed dealer, or licensed

15 collector shall be fined in accordance with this title, im16 prisoned not more than 10 years, or both.’’.

17 (b) EXPLOSIVES.—Section 844 of title 18, United

18 States Code, as amended by section 402(b), is amended

19 by adding at the end the following new subsection:

20 ‘‘(k) Whoever steals any explosive material from a li21 censed importer, licensed manufacturer, licensed dealer, or

22 permittee shall be fined in accordance with this title, im23 prisoned not more than 10 years, or both.’’.
227

•S 1356 IS

1 SEC. 668. INCREASED PENALTY FOR INTERSTATE GUN

2 TRAFFICKING.

3 Section 924 of title 18, United States Code, as

4 amended by section 407(a), is amended by adding at the

5 end the following new subsection:

6 ‘‘(l) Whoever, with the intent to engage in conduct

7 that constitutes a violation of section 922(a)(1)(A), travels

8 from any State or foreign country into any other State

9 and acquires, or attempts to acquire, a firearm in such

10 other State in furtherance of such purpose shall be impris11 oned for not more than 10 years.’’.

12 SEC. 669. PROHIBITION OF TRANSACTIONS INVOLVING

13 STOLEN FIREARMS WHICH HAVE MOVED IN

14 INTERSTATE OR FOREIGN COMMERCE.

15 Section 922(j) of title 18, United States Code, is

16 amended to read as follows:

17 ‘‘(j) It shall be unlawful for any person to receive,

18 possess, conceal, store, barter, sell, or dispose of any stolen

19 firearm or stolen ammunition, or pledge or accept as secu20 rity for a loan any stolen firearm or stolen ammunition,

21 which is moving as, which is a part of, which constitutes,

22 or which has been shipped or transported in, interstate

23 or foreign commerce, either before or after it was stolen,

24 knowing or having reasonable cause to believe that the

25 firearm or ammunition was stolen.’’.
228

•S 1356 IS

1 SEC. 670. POSSESSION OF EXPLOSIVES BY FELONS AND

2 OTHERS.

3 Section 842(i) of title 18, United States Code, is

4 amended by inserting ‘‘or possess’’ after ‘‘to receive’’.

5 SEC. 671. DISPOSITION OF FORFEITED FIREARMS.

6 Subsection 5872(b) of the Internal Revenue Code of

7 1986 is amended to read as follows:

8 ‘‘(b) DISPOSAL.—In the case of the forfeiture of any

9 firearm, where there is no remission or mitigation of for10 feiture thereof—

11 ‘‘(1) the Secretary may retain the firearm for

12 official use of the Department of the Treasury or, if

13 not so retained, offer to transfer the weapon without

14 charge to any other executive department or inde15 pendent establishment of the Government for official

16 use by it and, if the offer is accepted, so transfer the

17 firearm;

18 ‘‘(2) if the firearm is not disposed of pursuant

19 to paragraph (1), is a firearm other than a machine20 gun or firearm forfeited for a violation of this chap21 ter, is a firearm that in the opinion of the Secretary

22 is not so defective that its disposition pursuant to

23 this paragraph would create an unreasonable risk of

24 a malfunction likely to result in death or bodily in25 jury, and is a firearm which (in the judgment of the

26 Secretary, taking into consideration evidence of
229

•S 1356 IS

1 present value and evidence that like firearms are not

2 available except as collector’s items, or that the

3 value of like firearms available in ordinary commer4 cial channels is substantially less) derives a substan5 tial part of its monetary value from the fact that it

6 is novel or rare or because of its association with

7 some historical figure, period, or event, the Sec8 retary may sell the firearm, after public notice, at

9 public sale to a dealer licensed under chapter 44 of

10 title 18, United States Code;

11 ‘‘(3) if the firearm has not been disposed or

12 pursuant to paragraph (1) or (2), the Secretary

13 shall transfer the firearm to the Administrator of

14 General Services, who shall destroy or provide for

15 the destruction of such firearm; and

16 ‘‘(4) no decision or action of the Secretary pur17 suant to this subsection shall be subject to judicial

18 review.’’.

19 SEC. 672. DEFINITION OF BURGLARY UNDER THE ARMED

20 CAREER CRIMINAL STATUTE.

21 Section 924(e)(2) of title 18, United States Code, is

22 amended—

23 (1) by striking ‘‘and’’ at the end of subpara24 graph (B);
230

•S 1356 IS

1 (2) by striking the period at the end of sub2 paragraph (C) and inserting ‘‘; and’’; and

3 (3) by adding at the end the following new sub4 paragraph:

5 ‘‘(D) the term ‘burglary’ means a crime that—

6 ‘‘(i) consists of entering or remaining sur7 reptitiously within a building that is the prop8 erty of another person with intent to engage in

9 conduct constituting a Federal or State offense;

10 and

11 ‘‘(ii) is punishable by a term of imprison12 ment exceeding 1 year.’’.

13 Subtitle D—Exclusionary Rule

14 SEC. 681. ADMISSIBILITY OF CERTAIN EVIDENCE.

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

16 States Code, is amended by adding at the end the follow17 ing new section:

18 ‘‘§ 3509. Admissibility of evidence obtained by search

19 or seizure

20 ‘‘(a) EVIDENCE OBTAINED BY OBJECTIVELY REA21 SONABLE SEARCH OR SEIZURE.—Evidence that is ob22 tained as a result of a search or seizure shall not be ex23 cluded in a proceeding in a court of the United States

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

25 of the fourth amendment to the Constitution of the United
231

•S 1356 IS

1 States, if the search or seizure was carried out in cir2 cumstances justifying an objectively reasonable belief that

3 it was in conformity with the fourth amendment. The fact

4 that evidence was obtained pursuant to and within the

5 scope of a warrant constitutes prima facie evidence of the

6 existence of such circumstances.

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

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

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

10 obtained in violation of a statute, an administrative rule

11 or regulation, or a rule of procedure unless exclusion is

12 expressly authorized by statute or by a rule prescribed by

13 the Supreme Court pursuant to statutory authority.

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

15 not be construed to require or authorize the exclusion of

16 evidence in any proceeding.’’.

17 (b) TECHNICAL AMENDMENT.—The chapter analysis

18 for chapter 223 of title 28, United States Code, is amend19 ed by adding at the end the following new item:

‘‘3509. Admissibility of evidence obtained by search or seizure.’’.

20 Subtitle E—Pre-Trial Interrogation

21 SEC. 691. PRE-TRIAL INTERROGATION.

22 It is the sense of the Congress that the Attorney Gen23 eral shall instruct all United States Attorneys, and imple24 ment policies consistent therewith, that confessions ob-
232

•S 1356 IS

1 tained in conformity with section 3501 of title 18, United

2 States Code will be offered into evidence.

3 TITLE VII—ELIMINATION OF

4 DELAYS IN CARRYING OUT

5 SENTENCES

6 Subtitle A—General Habeas Corpus

7 Reform

8 SEC. 701. SHORT TITLE.

9 This title may be cited as the ‘‘Habeas Corpus Re10 form Act of 1993’’.

11 SEC. 702. PERIOD OF LIMITATION.

12 Section 2244 of title 28, United States Code, is

13 amended by adding at the end the following new sub14 section:

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

16 application for a writ of habeas corpus by a person in cus17 tody pursuant to the judgment of a State court. The limi18 tation period shall run from the latest of—

19 ‘‘(1) the time at which State remedies are ex20 hausted;

21 ‘‘(2) the time at which the impediment to filing

22 an application created by State action in violation of

23 the Constitution or laws of the United States is re24 moved, where the applicant was prevented from fil25 ing by such State action;
233

•S 1356 IS

1 ‘‘(3) the time at which the Federal right as2 serted was initially recognized by the Supreme

3 Court, where the right has been newly recognized by

4 the Court and is retroactively applicable; or

5 ‘‘(4) the time at which the factual predicate of

6 the claim or claims presented could have been dis7 covered through the exercise of reasonable dili8 gence.’’.

9 SEC. 703. APPEAL.

10 Section 2253 of title 28, United States Code, is

11 amended to read as follows:

12 ‘‘§ 2253. Appeal

13 ‘‘In a habeas corpus proceeding or a proceeding

14 under section 2255 before a circuit or district judge, the

15 final order shall be subject to review, on appeal, by the

16 court of appeals for the circuit where the proceeding is

17 had.

18 ‘‘There shall be no right of appeal from such an order

19 in a proceeding to test the validity of a warrant to remove,

20 to another district or place for commitment or trial, a per21 son charged with a criminal offense against the United

22 States, or to test the validity of his detention pending re23 moval proceedings.

24 ‘‘An appeal may not be taken to the court of appeals

25 from the final order in a habeas corpus proceeding where
234

•S 1356 IS

1 the detention complained of arises out of process issued

2 by a State court, or from the final order in a proceeding

3 under section 2255, unless a circuit justice or judge issues

4 a certificate of probable cause.’’.

5 SEC. 704. AMENDMENT OF FEDERAL RULES OF APPELLATE

6 PROCEDURE.

7 Rule 22 of the Federal Rules of Appellate Procedure

8 is amended to read as follows:

9 ‘‘Rule 22. Habeas corpus and section 2255 proceed10 ings

11 ‘‘(a) APPLICATION FOR AN ORIGINAL WRIT OF HA12 BEAS CORPUS.—An application for a writ of habeas cor13 pus shall be made to the appropriate district court. If ap14 plication is made to a circuit judge, the application will

15 ordinarily be transferred to the appropriate district court.

16 If an application is made to or transferred to the district

17 court and denied, renewal of the application before a cir18 cuit judge is not favored; the proper remedy is by appeal

19 to the court of appeals from the order of the district court

20 denying the writ.

21 ‘‘(b) NECESSITY OF CERTIFICATE OF PROBABLE

22 CAUSE FOR APPEAL.—In a habeas corpus proceeding in

23 which the detention complained of arises out of process

24 issued by a State court, and in a motion proceeding pursu25 ant to section 2255 of title 28, United States Code, an
235

•S 1356 IS

1 appeal by the applicant or movant may not proceed unless

2 a circuit judge issues a certificate of probable cause. If

3 a request for a certificate of probable cause is addressed

4 to the court of appeals, it shall be deemed addressed to

5 the judges thereof and shall be considered by a circuit

6 judge or judges as the court deems appropriate. If no ex7 press request for a certificate is filed, the notice of appeal

8 shall be deemed to constitute a request addressed to the

9 judges of the court of appeals. If an appeal is taken by

10 a State or the Government or its representative, a certifi11 cate of probable cause is not required.’’.

12 SEC. 705. SECTION 2254 AMENDMENTS.

13 Section 2254 of title 28, United States Code, is

14 amended—

15 (1) by amending subsection (b) to read as fol16 lows:

17 ‘‘(b) An application for a writ of habeas corpus in

18 behalf of a person in custody pursuant to the judgment

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

20 that the applicant has exhausted the remedies available

21 in the courts of the State, or that there is either an ab22 sence of available State corrective process or the existence

23 of circumstances rendering such process ineffective to pro24 tect the rights of the applicant. An application may be

25 denied on the merits notwithstanding the failure of the
236

•S 1356 IS

1 applicant to exhaust the remedies available in the courts

2 of the State.’’;

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

4 (f) as subsections (e), (f), and (g), respectively;

5 (3) by inserting after subsection (c) the follow6 ing new subsection:

7 ‘‘(d) An application for a writ of habeas corpus in

8 behalf of a person in custody pursuant to the judgment

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

10 claim that has been fully and fairly adjudicated in State

11 proceedings.’’;

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

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

14 ‘‘(e) In a proceeding instituted by an application for

15 a writ of habeas corpus by a person in custody pursuant

16 to the judgment of a State court, a full and fair deter17 mination of a factual issue made in the case by a State

18 court shall be presumed to be correct. The applicant shall

19 have the burden of rebutting this presumption by clear

20 and convincing evidence.’’; and

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

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

24 and any subsequent proceedings on review, appointment

25 of counsel for a petitioner who is or becomes financially
237

•S 1356 IS

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

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

3 Supreme Court pursuant to statutory authority. Appoint4 ment of counsel under this section shall be governed by

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

6 SEC. 706. SECTION 2255 AMENDMENTS.

7 Section 2255 of title 28, United States Code, is

8 amended—

9 (1) by striking the second paragraph and the

10 penultimate paragraph; and

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

12 paragraphs:

13 ‘‘A two-year period of limitation shall apply to a mo14 tion under this section. The limitation period shall run

15 from the latest of—

16 ‘‘(1) the time at which the judgment of convic17 tion becomes final;

18 ‘‘(2) the time at which the impediment to mak19 ing a motion created by governmental action in vio20 lation of the Constitution or laws of the United

21 States is removed, where the movant was prevented

22 from making a motion by such governmental action;

23 ‘‘(3) the time at which the right asserted was

24 initially recognized by the Supreme Court, where the
238

•S 1356 IS

1 right has been newly recognized by the Court and is

2 retroactively applicable; or

3 ‘‘(4) the time at which the factual predicate of

4 the claim or claims presented could have been dis5 covered through the exercise of reasonable diligence.

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

7 any subsequent proceedings on review, appointment of

8 counsel for a movant who is or becomes financially unable

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

10 except as provided by a rule promulgated by the Supreme

11 Court pursuant to statutory authority. Appointment of

12 counsel under this section shall be governed by section

13 3006A of title 18, United States Code.’’.

14 Subtitle B—Death Penalty

15 Litigation Procedures

16 SEC. 711. SHORT TITLE.

17 This subtitle may be cited as the ‘‘Death Penalty

18 Litigation Procedures Act of 1993’’.

19 SEC. 712. DEATH PENALTY LITIGATION PROCEDURES.

20 (a) ADDITION OF CHAPTER TO TITLE 28, UNITED

21 STATES CODE.—Title 28, United States Code, is amended

22 by inserting after chapter 153 the following new chapter:

23 ‘‘CHAPTER 154—SPECIAL HABEAS CORPUS

24 PROCEDURES IN CAPITAL CASES

‘‘Sec.
239

•S 1356 IS

‘‘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.

1 ‘‘§ 2256. Prisoners in State custody subject to capital

2 sentence; appointment of counsel; re3 quirement of rule of court or statute; pro4 cedures for appointment

5 ‘‘(a) APPLICATION OF CHAPTER.—This chapter shall

6 apply to cases arising under section 2254 brought by pris7 oners in State custody who are subject to a capital sen8 tence. It shall apply only if the provisions of subsections

9 (b) and (c) are satisfied.

10 ‘‘(b) ESTABLISHMENT OF APPOINTMENT MECHA11 NISM.—This chapter is applicable if a State establishes by

12 rule of its court of last resort or by statute a mechanism

13 for the appointment, compensation and payment of rea14 sonable litigation expenses of competent counsel in State

15 postconviction proceedings brought by indigent prisoners

16 whose capital convictions and sentences have been upheld

17 on direct appeal to the court of last resort in the State

18 or have otherwise become final for State law purposes. The

19 rule of court or statute must provide standards of com20 petency for the appointment of such counsel.
240

•S 1356 IS

1 ‘‘(c) OFFER OF COUNSEL.—Any mechanism for the

2 appointment, compensation and reimbursement of counsel

3 as provided in subsection (b) must offer counsel to all

4 State prisoners under capital sentence and must provide

5 for the entry of an order by a court of record—

6 ‘‘(1) appointing 1 or more counsel to represent

7 the prisoner upon a finding that the prisoner is indi8 gent and accepted the offer or is unable competently

9 to decide whether to accept or reject the offer;

10 ‘‘(2) finding, after a hearing if necessary, that

11 the prisoner rejected the offer of counsel and made

12 the decision with an understanding of its legal con13 sequences; or

14 ‘‘(3) denying the appointment of counsel upon

15 a finding that the prisoner is not indigent.

16 ‘‘(d) PREVIOUS REPRESENTATION.—No counsel ap17 pointed pursuant to subsections (b) and (c) to represent

18 a State prisoner under capital sentence shall have pre19 viously represented the prisoner at trial or on direct appeal

20 in the case for which the appointment is made unless the

21 prisoner and counsel expressly request continued represen22 tation.

23 ‘‘(e) NO GROUND FOR RELIEF.—The ineffectiveness

24 or incompetence of counsel during State or Federal collat25 eral postconviction proceedings in a capital case shall not
241

•S 1356 IS

1 be a ground for relief in a proceeding arising under section

2 2254. This limitation shall not preclude the appointment

3 of different counsel, on the court’s own motion or at the

4 request of the prisoner, at any phase of State or Federal

5 postconviction proceedings on the basis of the ineffective6 ness or incompetence of counsel in such proceedings.

7 ‘‘§ 2257. Mandatory stay of execution; duration; limits

8 on stays of execution; successive peti9 tions

10 ‘‘(a) STAY.—Upon the entry in the appropriate State

11 court of record of an order under section 2256(c), a war12 rant or order setting an execution date for a State pris13 oner shall be stayed upon application to any court that

14 would have jurisdiction over any proceedings filed under

15 section 2254. The application must recite that the State

16 has invoked the postconviction review procedures of this

17 chapter and that the scheduled execution is subject to

18 stay.

19 ‘‘(b) EXPIRATION OF STAY.—A stay of execution

20 granted pursuant to subsection (a) shall expire if—

21 ‘‘(1) a State prisoner fails to file a habeas cor22 pus petition under section 2254 within the time re23 quired in section 2258, or fails to make a timely ap24 plication for court of appeals review following the de25 nial of such a petition by a district court;
242

•S 1356 IS

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

2 of appeals review under section 2254 the petition for

3 relief is denied and—

4 ‘‘(A) the time for filing a petition for cer5 tiorari has expired and no petition has been

6 filed;

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

8 filed and the Supreme Court denied the peti9 tion; or

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

11 filed and upon consideration of the case, the

12 Supreme Court disposed of it in a manner that

13 left the capital sentence undisturbed; or

14 ‘‘(3) before a court of competent jurisdiction, in

15 the presence of counsel and after having been ad16 vised of the consequences of his decision, a State

17 prisoner under capital sentence waives the right to

18 pursue habeas corpus review under section 2254.

19 ‘‘(c) LIMITATION ON FURTHER STAY.—If one of the

20 conditions in subsection (b) has occurred, no Federal court

21 thereafter shall have the authority to enter a stay of execu22 tion or grant relief in a capital case unless—

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

24 is a claim not previously presented in the State or

25 Federal courts;
243

•S 1356 IS

1 ‘‘(2) the failure to raise the claim is—

2 ‘‘(A) the result of State action in violation

3 of the Constitution or laws of the United

4 States;

5 ‘‘(B) the result of the Supreme Court rec6 ognition of a new Federal right that is retro7 actively applicable; or

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

9 could not have been discovered through the ex10 ercise of reasonable diligence in time to present

11 the claim for State or Federal postconviction

12 review; and

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

14 sufficient, if proven, to undermine the court’s con15 fidence in the determination of guilt on the offense

16 or offenses for which the death penalty was imposed.

17 ‘‘§ 2258. Filing of habeas corpus petition; time re18 quirements; tolling rules

19 ‘‘Any petition for habeas corpus relief under section

20 2254 must be filed in the appropriate district court within

21 180 days from the filing in the appropriate State court

22 of record of an order under section 2256(c). The time re23 quirements established by this section shall be tolled—

24 ‘‘(1) from the date that a petition for certiorari

25 is filed in the Supreme Court until the date of final
244

•S 1356 IS

1 disposition of the petition if a State prisoner files

2 the petition to secure review by the Supreme Court

3 of the affirmance of a capital sentence on direct re4 view by the court of last resort of the State or other

5 final State court decision on direct review;

6 ‘‘(2) during any period in which a State pris7 oner under capital sentence has a properly filed re8 quest for postconviction review pending before a

9 State court of competent jurisdiction; if all State fil10 ing rules are met in a timely manner, this period

11 shall run continuously from the date that the State

12 prisoner initially files for postconviction review until

13 final disposition of the case by the highest court of

14 the State, but the time requirements established by

15 this section are not tolled during the pendency of a

16 petition for certiorari before the Supreme Court ex17 cept as provided in paragraph (1); and

18 ‘‘(3) during an additional period not to exceed

19 60 days, if—

20 ‘‘(A) a motion for an extension of time is

21 filed in the Federal district court that would

22 have proper jurisdiction over the case upon the

23 filing of a habeas corpus petition under section

24 2254; and
245

•S 1356 IS

1 ‘‘(B) a showing of good cause is made for

2 the failure to file the habeas corpus petition

3 within the time period established by this sec4 tion.

5 ‘‘§ 2259. Evidentiary hearings; scope of Federal re6 view; district court adjudication

7 ‘‘(a) REVIEW OF RECORD; HEARING.—Whenever a

8 State prisoner under a capital sentence files a petition for

9 habeas corpus relief to which this chapter applies, the dis10 trict court shall—

11 ‘‘(1) determine the sufficiency of the record for

12 habeas corpus review based on the claims actually

13 presented and litigated in the State courts except

14 when the prisoner can show that the failure to raise

15 or develop a claim in the State courts is—

16 ‘‘(A) the result of State action in violation

17 of the Constitution or laws of the United

18 States;

19 ‘‘(B) the result of the Supreme Court rec20 ognition of a new Federal right that is retro21 actively applicable; or

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

23 could not have been discovered through the ex24 ercise of reasonable diligence in time to present

25 the claim for State postconviction review; and
246

•S 1356 IS

1 ‘‘(2) conduct any requested evidentiary hearing

2 necessary to complete the record for habeas corpus

3 review.

4 ‘‘(b) ADJUDICATION.—Upon the development of a

5 complete evidentiary record, the district court shall rule

6 on the claims that are properly before it, but the court

7 shall not grant relief from a judgment of conviction or sen8 tence on the basis of any claim that was fully and fairly

9 adjudicated in State proceedings.

10 ‘‘§ 2260. Certificate of probable cause inapplicable

11 ‘‘The requirement of a certificate of probable cause

12 in order to appeal from the district court to the court of

13 appeals does not apply to habeas corpus cases subject to

14 this chapter except when a second or successive petition

15 is filed.

16 ‘‘§ 2261. Application to State unitary review proce17 dure

18 ‘‘(a) IN GENERAL.—For purposes of this section, the

19 term ‘unitary review procedure’ means a State procedure

20 that authorizes a person under sentence of death to raise,

21 in the course of direct review of the judgment, such claims

22 as could be raised on collateral attack. This chapter shall

23 apply, as provided in this section, in relation to a State

24 unitary review procedure if the State establishes by rule

25 of its court of last resort or by statute a mechanism for
247

•S 1356 IS

1 the appointment, compensation, and payment of reason2 able litigation expenses of competent counsel in the uni3 tary review proceedings, including expenses relating to the

4 litigation of collateral claims in the proceedings. The rule

5 of court or statute must provide standards of competency

6 for the appointment of such counsel.

7 ‘‘(b) OFFER OF COUNSEL.—A unitary review proce8 dure, to qualify under this section, must include an offer

9 of counsel following trial for the purpose of representation

10 on unitary review, and entry of an order, as provided in

11 section 2256(c), concerning appointment of counsel or

12 waiver or denial of appointment of counsel for that pur13 pose. No counsel appointed to represent the prisoner in

14 the unitary review proceedings shall have previously rep15 resented the prisoner at trial in the case for which the

16 appointment is made unless the prisoner and counsel ex17 pressly request continued representation.

18 ‘‘(c) APPLICATION OF OTHER SECTIONS.—Sections

19 2257, 2258, 2259, 2260, and 2262 shall apply in relation

20 to cases involving a sentence of death from any State hav21 ing a unitary review procedure that qualifies under this

22 section. References to State ‘post-conviction review’ and

23 ‘direct review’ in those sections shall be understood as re24 ferring to unitary review under the State procedure. The

25 references in sections 2257(a) and 2258 to ‘an order
248

•S 1356 IS

1 under section 2256(c)’ shall be understood as referring to

2 the post-trial order under subsection (b) concerning rep3 resentation in the unitary review proceedings, but if a

4 transcript of the trial proceedings is unavailable at the

5 time of the filing of such an order in the appropriate State

6 court, the start of the 180-day limitation period under sec7 tion 2258 shall be deferred until a transcript is made

8 available to the prisoner or the prisoner’s counsel.

9 ‘‘§ 2262. Limitation periods for determining petitions

10 ‘‘(a) IN GENERAL.—The adjudication of any petition

11 under section 2254 that is subject to this chapter, and

12 the adjudication of any motion under section 2255 by a

13 person under sentence of death, shall be given priority by

14 the district court and by the court of appeals over all

15 noncapital matters. The adjudication of such a petition or

16 motion shall be subject to the following time limitations:

17 ‘‘(1) A Federal district court shall determine

18 such a petition or motion within 110 days of filing.

19 ‘‘(2)(A) The court of appeals shall hear and de20 termine any appeal relating to such a petition or

21 motion within 90 days after the notice of appeal is

22 filed.

23 ‘‘(B) The court of appeals shall decide any ap24 plication for rehearing en banc within 20 days of the

25 filing of the application unless a responsive pleading
249

•S 1356 IS

1 is required, in which case the court of appeals shall

2 decide the application within 20 days of the filing of

3 the responsive pleading. If en banc consideration is

4 granted, the en banc court shall determine the ap5 peal within 90 days of the decision to grant such

6 consideration.

7 ‘‘(3) The Supreme Court shall act on any appli8 cation for a writ of certiorari relating to such a peti9 tion or motion within 90 days after the application

10 is filed.

11 ‘‘(b) APPLICATION OF SECTION.—The time limita12 tions under subsection (a) shall apply to an initial petition

13 or motion, and to any second or successive petition or mo14 tion. The same limitations shall also apply to the redeter15 mination of a petition or motion or related appeal follow16 ing a remand by the court of appeals or the Supreme

17 Court for further proceedings, and in such a case the limi18 tation period shall run from the date of the remand.

19 ‘‘(c) RULE OF CONSTRUCTION.—The time limitations

20 under this section shall not be construed to entitle a peti21 tioner or movant to a stay of execution, to which the peti22 tioner or movant would otherwise not be entitled, for the

23 purpose of litigating any petition, motion, or appeal.

24 ‘‘(d) NO GROUND FOR RELIEF.—The failure of a

25 court to meet or comply with the time limitations under
250

•S 1356 IS

1 this section shall not be a ground for granting relief from

2 a judgment of conviction or sentence. The State or Gov3 ernment may enforce the time limitations under this sec4 tion by applying to the court of appeals or the Supreme

5 Court for a writ of mandamus.

6 ‘‘(e) REPORT.—The Administrative Office of the

7 United States Courts shall report annually to Congress on

8 the compliance by the courts with the time limits estab9 lished in this section.

10 ‘‘§ 2263. Rule of construction

11 ‘‘This chapter shall be construed to promote the expe12 ditious conduct and conclusion of State and Federal court

13 review in capital cases.’’.

14 (b) TECHNICAL AMENDMENT.—The part analysis for

15 part IV of title 28, United States Code, is amended by

16 adding after the item relating to chapter 153 the following

17 new item:

‘‘154. Special habeas corpus procedures in capital

cases ............................................................................ 2256.’’.

18 Subtitle C—Equalization of Capital

19 Habeas Corpus Litigation Funding

20 SEC. 721. FUNDING FOR DEATH PENALTY PROSECUTIONS.

21 Part E of title I of the Omnibus Crime Control and

22 Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is

23 amended by inserting after section 511 the following new

24 section:
251

•S 1356 IS

1 ‘‘FUNDING FOR DEATH PENALTY PROSECUTIONS

2 ‘‘SEC. 511A. Notwithstanding any other provision of

3 this part, the Director shall provide grants to the States,

4 from the funding allocated pursuant to section 511, for

5 the purpose of supporting litigation pertaining to Federal

6 habeas corpus petitions in capital cases. The total funding

7 available for such grants within any fiscal year shall be

8 equal to the funding provided to capital resource centers,

9 pursuant to Federal appropriation, in the same fiscal

10 year.’’.

11 TITLE VIII—PREVENTION OF

12 TERRORISM

13 Subtitle A—Penalties and Offenses

14 SEC. 801. PROVIDING MATERIAL SUPPORT TO TERRORISM.

15 (a) OFFENSE.—Chapter 113A of title 18, United

16 States Code, as amended by section 631(b), is amended

17 by adding the following new section:

18 ‘‘§ 2339A. Providing material support to terrorists

19 ‘‘A person who, within the United States, provides

20 material support or resources or conceals or disguises the

21 nature, location, source, or ownership of material support

22 or resources, knowing or intending that they are to be

23 used to facilitate a violation of section 32, 36, 351, 844(f)

24 or (i), 1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281,

25 2331, or 2339 of this title, or section 902(i) of the Federal
252

•S 1356 IS

1 Aviation Act of 1958, as amended (49 U.S.C. App.

2 1472(i)), or to facilitate the concealment or an escape

3 from the commission of any of the foregoing, shall be fined

4 under this title, imprisoned not more than 10 years, or

5 both. For purposes of this section, material support or re6 sources shall include, but not be limited to, currency or

7 other financial securities, lodging, training, safehouses,

8 false documentation or identification, communications

9 equipment, facilities, weapons, lethal substances, explo10 sives, personnel, transportation, and other physical as11 sets.’’.

12 (b) TECHNICAL AMENDMENT.—The chapter analysis

13 for chapter 113A of title 18, United States Code, as

14 amended by section 631(c), is amended by adding the fol15 lowing new item:

‘‘2339A. Providing material support to terrorists.’’.

16 SEC. 802. ENHANCED PENALTIES FOR CERTAIN OFFENSES.

17 (a) INTERNATIONAL EMERGENCY ECONOMIC POW18 ERS ACT.—Section 206 of the International Emergency

19 Economic Powers Act (50 U.S.C. 1705) is amended—

20 (1) in subsection (a) by striking ‘‘$10,000’’ and

21 inserting ‘‘$50,000’’; and

22 (2) in subsection (b) by striking ‘‘$50,000’’ and

23 inserting ‘‘$1,000,000’’.

24 (b) PASSPORTS AND VISAS.—(1) Section 1541 of title

25 18, United States Code, is amended—
253

•S 1356 IS

1 (A) by striking ‘‘$500’’ and inserting

2 ‘‘$250,000’’; and

3 (B) by striking ‘‘one year’’ and inserting ‘‘5

4 years’’.

5 (2) Sections 1542, 1543, 1544 and 1546 of title 18,

6 United States Code, are each amended—

7 (A) by striking ‘‘$2,000’’ and inserting

8 ‘‘$250,000’’; and

9 (B) by striking ‘‘five years’’ and inserting ‘‘10

10 years’’.

11 (3) Section 1545 of title 18, United States Code, is

12 amended—

13 (A) by striking ‘‘$2,000’’ and inserting

14 $250,000’’; and

15 (B) by striking ‘‘three years’’ and inserting ‘‘10

16 years’’.

17 SEC. 803. SENTENCING GUIDELINES INCREASE FOR TER18 RORIST CRIMES.

19 The United States Sentencing Commission is directed

20 to amend its sentencing guidelines to provide an increase

21 of not less than three levels in the base offense level for

22 any felony, whether committed within or outside the Unit23 ed States, that involves or is intended to promote inter24 national terrorism, unless such involvement or intent is

25 itself an element of the crime.
254

•S 1356 IS

1 SEC. 804. EXTENSION OF THE STATUTE OF LIMITATIONS

2 FOR CERTAIN TERRORISM OFFENSES.

3 (a) OFFENSE.—Chapter 213 of title 18, United

4 States Code, is amended by inserting after section 2385

5 the following new section:

6 ‘‘§ 3286. Extension of statute of limitations for certain

7 terrorism offenses

8 ‘‘Notwithstanding section 3282, no person shall be

9 prosecuted, tried, or punished for any offense involving a

10 violation of section 32 (aircraft destruction), section 36

11 (airport violence), section 112 (assaults upon diplomats),

12 section 351 (crimes against Congressmen or Cabinet offi13 cers), section 1116 (crimes against diplomats), section

14 1203 (hostage taking), section 1361 (willful injury to gov15 ernment property), section 1751 (crimes against the Presi16 dent), section 2280 (maritime violence), section 2281

17 (maritime platform violence), section 2331 (terrorist acts

18 abroad against United States nationals), section 2339 (use

19 of weapons of mass destruction), or section 2340A (tor20 ture) of this title or section 902(i), (j), (k), (l), or (n) of

21 the Federal Aviation Act of 1958, as amended (49 U.S.C.

22 App. 1572(i), (j), (k), (l), or (n)), unless the indictment

23 is found or the information is instituted within 10 years

24 after such offense shall have been committed.’’.

25 (b) TECHNICAL AMENDMENT.—The chapter analysis

26 for chapter 213 of title 18, United States Code, is amend-
255

•S 1356 IS

1 ed by inserting after the item for section 3285 the follow2 ing new item:

‘‘3286. Extension of statute of limitations for certain terrorism offenses.’’.

3 SEC. 805. FORFEITURE OF ASSETS USED TO SUPPORT TER4 RORISTS.

5 Section 982(a) of title 18, United States Code, is

6 amended by adding at the end the following new para7 graph:

8 ‘‘(5) Any property, real or personal—

9 ‘‘(A) used or intended for use in commit10 ting or to facilitate the concealment or an es11 cape from the commission of; or

12 ‘‘(B) constituting or derived from the gross

13 profits or other proceeds obtained from,

14 a violation of section 32, 36, 351, 844 (f) or (i),

15 1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281,

16 2332, or 2339A of this title or section 902(i) of the

17 Federal Aviation Act of 1958 (49 U.S.C. 1472(i)).’’.

18 SEC. 806. ALIEN WITNESS COOPERATION.

19 (a) AMENDMENT OF CHAPTER 224 OF TITLE 18.—

20 Chapter 224 of title 18, United States Code, is amended—

21 (1) by redesignating section 3528 as section

22 3529; and

23 (2) by inserting after section 3527 the following

24 new section:
256

•S 1356 IS

1 ‘‘§ 3528. Aliens; waiver of admission requirements

2 ‘‘(a) IN GENERAL.—Upon authorizing protection to

3 any alien under this chapter, the United States shall pro4 vide the alien with appropriate immigration visas and

5 allow the alien to remain in the United States so long as

6 that alien abides by all laws of the United States and

7 guidelines, rules and regulations for protection. The Attor8 ney General may determine that the granting of perma9 nent resident status to such alien is in the public interest

10 and necessary for the safety and protection of such alien

11 without regard to the alien’s admissibility under immigra12 tion or any other laws and regulations or the failure to

13 comply with such laws and regulations pertaining to ad14 missibility.

15 ‘‘(b) ALIEN WITH FELONY CONVICTIONS.—Notwith16 standing any other provision of this chapter, an alien who

17 would not be excluded because of felony convictions shall

18 be considered for permanent residence on a conditional

19 basis for a period of 2 years. Upon a showing that the

20 alien is still being provided protection, or that protection

21 remains available to the alien in accordance with this

22 chapter, or that the alien is still cooperating with the Gov23 ernment and has maintained good moral character, the

24 Attorney General shall remove the conditional basis of the

25 status effective as of the second anniversary of the alien’s

26 obtaining the status of admission for permanent residence.
257

•S 1356 IS

1 Permanent resident status shall not be granted to an alien

2 who would be excluded because of felony convictions unless

3 the Attorney General determines, pursuant to regulations

4 which shall be prescribed by the Attorney General, that

5 granting permanent residence status to the alien is nec6 essary in the interests of justice and comports with safety

7 of the community.

8 ‘‘(c) LIMIT ON NUMBER OF ALIENS.—The number

9 of aliens and members of their immediate families entering

10 the United States under the authority of this section shall

11 in no case exceed 200 persons in any fiscal year. The deci12 sion to grant or deny permanent resident status under this

13 section is at the discretion of the Attorney General and

14 shall not be subject to judicial review.

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

16 terms ‘alien’ and ‘United States’ have the meanings stated

17 in section 101 of the Immigration and Nationality Act (8

18 U.S.C. 1101).’’.

19 (b) TECHNICAL AMENDMENT.—The chapter analysis

20 for chapter 224 of title 18, United States Code, is amend21 ed by striking the item relating to section 3528 and insert22 ing the following:

‘‘3528. Aliens; waiver of admission requirements.

‘‘3529. Definition.’’.
258

•S 1356 IS

1 SEC. 807. TERRITORIAL SEA EXTENDING TO 12 MILES IN2 CLUDED IN SPECIAL MARITIME AND TERRI3 TORIAL JURISDICTION.

4 The Congress declares that all the territorial sea of

5 the United States, as defined by Presidential Proclamation

6 5928 of December 27, 1988, is part of the United States,

7 subject to its sovereignty, and, for purposes of Federal

8 criminal jurisdiction, is within the special maritime and

9 territorial jurisdiction of the United States wherever that

10 term is used in title 18, United States Code.

11 SEC. 808. ASSIMILATED CRIMES IN EXTENDED TERRI12 TORIAL SEA.

13 Section 13 of title 18, United States Code is amend14 ed—

15 (1) in subsection (a), by inserting after ‘‘title’’

16 the following: ‘‘or on, above, or below any portion of

17 the territorial sea of the United States not within

18 the territory of any State, territory, possession, or

19 district’’; and

20 (2) by inserting at the end the following new

21 subsection:

22 ‘‘(c) Whenever any waters of the territorial sea of the

23 United States lie outside the territory of any State, terri24 tory, possession, or district, such waters (including the air25 space above and the seabed and subsoil below, and artifi26 cial islands and fixed structures erected thereon) shall be
259

•S 1356 IS

1 deemed for purposes of subsection (a) to lie within the

2 area of the State, territory, possession, or district within

3 which it would lie if the boundaries of the State, territory,

4 possession, or district were extended seaward to the outer

5 limit of the territorial sea of the United States.’’.

6 SEC. 809. JURISDICTION OVER CRIMES AGAINST UNITED

7 STATES NATIONALS ON CERTAIN FOREIGN

8 SHIPS.

9 Section 7 of title 18, United States Code, is amended

10 by inserting at the end the following new paragraph:

11 ‘‘(8) Any foreign vessel during a voyage having

12 a scheduled departure from or arrival in the United

13 States with respect to an offense committed by or

14 against a national of the United States.’’.

15 SEC. 810. PENALTIES FOR INTERNATIONAL TERRORIST

16 ACTS.

17 Section 2332 of title 18, United States Code, as re18 designated by section 601(a)(2), is amended—

19 (1) in subsection (a)—

20 (A) in paragraph (2) by striking ‘‘ten’’ and

21 inserting ‘‘20’’; and

22 (B) in paragraph (3) by striking ‘‘three’’

23 and inserting ‘‘10’’; and

24 (2) in subsection (c) by striking ‘‘five’’ and in25 serting ‘‘10’’.
260

•S 1356 IS

1 SEC. 811. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated for each of

3 fiscal years 1994 and 1995, in addition to any other

4 amounts specified in appropriations Acts, for

5 counterterrorist operations and programs—

6 (1) for the Federal Bureau of Investigation,

7 $30,000,000;

8 (2) for the Department of State, $10,000,000;

9 and

10 (3) for the Immigration and Naturalization

11 Service, $20,000,000.

12 SEC. 812. INTERNATIONAL PARENTAL KIDNAPPING.

13 (a) IN GENERAL.—Chapter 55 of title 18, United

14 States Code, is amended by adding at the end the follow15 ing new section:

16 ‘‘§ 1204. International parental kidnapping

17 ‘‘(a) OFFENSE.—Whoever removes a child from the

18 United States or retains a child (who has been in the

19 United States) outside the United States with intent to

20 obstruct the lawful exercise of parental rights shall be

21 fined under this title, imprisoned not more than 3 years,

22 or both.

23 ‘‘(b) DEFINITIONS.—As used in this section—

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

25 not attained the age of 16 years; and
261

•S 1356 IS

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

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

3 child—

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

5 visiting rights); and

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

7 court order, or legally binding agreement of the

8 parties.

9 ‘‘(c) RULE OF CONSTRUCTION.—This section does

10 not detract from The Hague Convention on the Civil As11 pects of International Parental Child Abduction, done at

12 The Hague on October 25, 1980.’’.

13 (b) TECHNICAL AMENDMENT.—The chapter analysis

14 for chapter 55 of title 18, United States Code, is amended

15 by adding at the end the following new item:

‘‘1204. International parental kidnapping.’’.

16 SEC. 813. FOREIGN MURDER OF UNITED STATES NATION17 ALS.

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

19 States Code, as amended by section 141(a), is amended

20 by adding at the end the following new section:

21 ‘‘§ 1120. Foreign murder of United States nationals

22 ‘‘(a) OFFENSE.—Whoever kills or attempts to kill a

23 national of the United States while such national is out24 side the United States but within the jurisdiction of an-
262

•S 1356 IS

1 other country shall be punished as provided under sections

2 1111, 1112, and 1113.

3 ‘‘(b) APPROVAL OF PROSECUTION.—No prosecution

4 may be instituted against any person under this section

5 except upon the written approval of the Attorney General,

6 the Deputy Attorney General, or an Assistant Attorney

7 General, which function of approving prosecutions may

8 not be delegated. No prosecution shall be approved if pros9 ecution has been previously undertaken by a foreign coun10 try for the same act or omission.

11 ‘‘(c) CRITERIA FOR APPROVAL.—No prosecution

12 shall be approved under this section unless the Attorney

13 General, in consultation with the Secretary of State, deter14 mines that the act or omission took place in a country

15 in which the person is no longer present, and the country

16 lacks the ability to lawfully secure the person’s return. A

17 determination by the Attorney General under this sub18 section is not subject to judicial review.

19 ‘‘(d) ASSISTANCE FROM OTHER AGENCIES.—In the

20 course of the enforcement of this section and notwith21 standing any other law, the Attorney General may request

22 assistance from any Federal, State, local, or foreign agen23 cy, including the Army, Navy, and Air Force.

24 ‘‘(e) DEFINITION.—As used in this section, the term

25 ‘national of the United States’ has the meaning stated in
263

•S 1356 IS

1 section 101(a)(22) of the Immigration and Nationality Act

2 (8 U.S.C. 1101(a)(22)).’’.

3 (b) TECHNICAL AMENDMENTS.—(1) Section 1117 of

4 title 18, United States Code, is amended by striking ‘‘or

5 1116’’ and inserting ‘‘1116, or 1120’’.

6 (2) The chapter analysis for chapter 51 of title 18,

7 United States Code, as amended by section 141(b), is

8 amended by adding at the end the following new item:

‘‘1120. Foreign murder of United States nationals.’’.

9 SEC. 814. EXTRADITION.

10 (a) SCOPE.—Section 3181 of title 18, United States

11 Code, is amended—

12 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

13 ‘‘The provisions of this chapter’’; and

14 (2) by adding at the end the following new sub15 sections:

16 ‘‘(b) SURRENDER WITHOUT REGARD TO EXISTENCE

17 OF EXTRADITION TREATY.—This chapter shall be con18 strued to permit, in the exercise of comity, the surrender

19 of persons who have committed crimes of violence against

20 nationals of the United States in foreign countries without

21 regard to the existence of any treaty of extradition with

22 such foreign government if the Attorney General certifies

23 in writing that—

24 ‘‘(1) evidence has been presented by the foreign

25 government that indicates that, if the offenses had
264

•S 1356 IS

1 been committed in the United States, they would

2 constitute crimes of violence (as defined under sec3 tion 16); and

4 ‘‘(2) the offenses charged are not of a political

5 nature.

6 ‘‘(c) DEFINITION.—In this section, ‘national of the

7 United States’ has the meaning stated in section

8 101(a)(22) of the Immigration and Nationality Act (8

9 U.S.C. 1101(a)(22)).’’.

10 (b) FUGITIVES.—Section 3184 of title 18, United

11 States Code, is amended—

12 (1) in the first sentence by inserting after

13 ‘‘United States and any foreign government,’’ the

14 following: ‘‘or in cases arising under section

15 3181(b),’’;

16 (2) in the first sentence by inserting after

17 ‘‘treaty or convention,’’ the following: ‘‘or provided

18 for under section 3181(b),’’; and

19 (3) in the third sentence by inserting after

20 ‘‘treaty or convention,’’ the following: ‘‘or under sec21 tion 3181(b),’’.
265

•S 1356 IS

1 SEC. 815. FBI ACCESS TO TELEPHONE SUBSCRIBER INFOR2 MATION.

3 (a) REQUIRED CERTIFICATION.—Section 2709(b) of

4 title 18, United States Code, is amended to read as fol5 lows:

6 ‘‘(b) REQUIRED CERTIFICATION.—

7 ‘‘(1) NAME, ADDRESS, AND LENGTH OF SERV8 ICE ONLY.—The Director of the Federal Bureau of

9 Investigation, or the Director’s designee in a posi10 tion not lower than Deputy Assistant Director, may

11 request the name, address, and length of service of

12 a person or entity if the Director (or designee in a

13 position not lower than Deputy Assistant Director)

14 certifies in writing to the wire or electronic commu15 nication service provider to which the request is

16 made that—

17 ‘‘(A) the information sought is relevant to

18 an authorized foreign counterintelligence inves19 tigation; and

20 ‘‘(B) there are specific and articulable

21 facts giving reason to believe that communica22 tion facilities registered in the name of the per23 son or entity have been used, through the serv24 ices of the provider, in communication with—

25 ‘‘(i) an individual who is engaging or

26 has engaged in international terrorism (as
266

•S 1356 IS

1 defined in section 101 of the Foreign Intel2 ligence Surveillance Act of 1978 (50

3 U.S.C. 1801)) or clandestine intelligence

4 activities that involve or may involve a vio5 lation of the criminal statutes of the Unit6 ed States; or

7 ‘‘(ii) a foreign power (as defined in

8 section 101 of the Foreign Intelligence

9 Surveillance Act of 1978 (50 U.S.C.

10 1801)) or an agent of a foreign power (as

11 defined in that section) under cir12 cumstances giving reason to believe that

13 the communication concerned international

14 terrorism (as defined in that section) or

15 clandestine intelligence activities that in16 volve or may involve a violation of the

17 criminal statutes of the United States.

18 ‘‘(2) NAME, ADDRESS, LENGTH OF SERVICE,

19 AND TOLL BILLING RECORDS.—The Director of the

20 Federal Bureau of Investigation, or the Director’s

21 designee in a position not lower than Deputy Assist22 ant Director, may request the name, address, length

23 of service, and toll billing records of a person or en24 tity if the Director (or designee in a position not

25 lower than Deputy Assistant Director) certifies in
267

•S 1356 IS

1 writing to the wire or electronic communication serv2 ice provider to which the request is made that—

3 ‘‘(A) the name, address, length of service,

4 and toll billing records sought are relevant to

5 an authorized foreign counterintelligence inves6 tigation; and

7 ‘‘(B) there are specific and articulable

8 facts giving reason to believe that the person or

9 entity to whom the information sought pertains

10 is a foreign power (as defined in section 101 of

11 the Foreign Intelligence Surveillance Act of

12 1978 (50 U.S.C. 1801)) or an agent of a for13 eign power (as defined in that section).’’.

14 (b) REPORT TO JUDICIARY COMMITTEES.—Section

15 2709(e) of title 18, United States Code, is amended by

16 adding after ‘‘Senate’’ the following: ‘‘, and the Committee

17 on the Judiciary of the House of Representatives and the

18 Committee on the Judiciary of the Senate,’’.

19 Subtitle B—Removal of Alien

20 Terrorists

21 SEC. 821. REMOVAL OF ALIEN TERRORISTS.

22 The Immigration and Nationality Act (8 U.S.C. 1101

23 et seq.) is amended by inserting the following new section:

24 ‘‘REMOVAL OF ALIEN TERRORISTS

25 ‘‘SEC. 242C. (a) DEFINITIONS.—As used in this sec26 tion—
268

•S 1356 IS

1 ‘‘(1) the term ‘alien terrorist’ means any alien

2 described in section 241(a)(4)(B);

3 ‘‘(2) the term ‘classified information’ has the

4 same meaning as defined in section 1(a) of the Clas5 sified Information Procedures Act (18 U.S.C. App.

6 IV);

7 ‘‘(3) the term ‘national security’ has the same

8 meaning as defined in section 1(b) of the Classified

9 Information Procedures Act (18 U.S.C. App. IV);

10 ‘‘(4) the term ‘special court’ means the court

11 described in subsection (c) of this section; and

12 ‘‘(5) the term ‘special removal hearing’ means

13 the hearing described in subsection (e) of this sec14 tion.

15 ‘‘(b) APPLICATION FOR USE OF PROCEDURES.—The

16 provisions of this section shall apply whenever the Attor17 ney General certifies under seal to the special court that—

18 ‘‘(1) the Attorney General or Deputy Attorney

19 General has approved of the proceeding under this

20 section;

21 ‘‘(2) an alien terrorist is physically present in

22 the United States; and

23 ‘‘(3) removal of such alien terrorist by deporta24 tion proceedings described in sections 242, 242A, or

25 242B would pose a risk to the national security of
269

•S 1356 IS

1 the United States because such proceedings would

2 disclose classified information.

3 ‘‘(c) SPECIAL COURT.—(1) The Chief Justice of the

4 United States shall publicly designate up to 7 judges from

5 up to 7 United States judicial districts to hear and decide

6 cases arising under this section, in a manner consistent

7 with the designation of judges described in section 103(a)

8 of the Foreign Intelligence Surveillance Act (50 U.S.C.

9 1803(a)).

10 ‘‘(2) The Chief Justice may, in the Chief Justice’s

11 discretion, designate the same judges under this section

12 as are designated pursuant to 50 U.S.C. 1803(a).

13 ‘‘(d) INVOCATION OF SPECIAL COURT PROCE14 DURE.—(1) When the Attorney General makes the appli15 cation described in subsection (b), a single judge of the

16 special court shall consider the application in camera and

17 ex parte.

18 ‘‘(2) The judge shall invoke the procedures of sub19 section (e), if the judge determines that there is probable

20 cause to believe that—

21 ‘‘(A) the alien who is the subject of the applica22 tion has been correctly identified;

23 ‘‘(B) a deportation proceeding described in sec24 tions 242, 242A, or 242B would pose a risk to the

25 national security of the United States because such
270

•S 1356 IS

1 proceedings would disclose classified information;

2 and

3 ‘‘(C) the threat posed by the alien’s physical

4 presence is immediate and involves the risk of death

5 or serious bodily harm.

6 ‘‘(e) SPECIAL REMOVAL HEARING.—(1) Except as

7 provided in paragraph (4), the special removal hearing au8 thorized by a showing of probable cause described in sub9 section (d)(2) shall be open to the public.

10 ‘‘(2) The alien shall have a right to be present at such

11 hearing and to be represented by counsel. Any alien finan12 cially unable to obtain counsel shall be entitled to have

13 counsel assigned to represent such alien. Counsel may be

14 appointed as described in section 3006A of title 18, United

15 States Code.

16 ‘‘(3) The alien shall have a right to introduce evi17 dence on his own behalf, and except as provided in para18 graph (4), shall have a right to cross-examine any witness

19 or request that the judge issue a subpoena for the pres20 ence of a named witness.

21 ‘‘(4) The judge shall authorize the introduction in

22 camera and ex parte of any item of evidence for which

23 the judge determines that public disclosure would pose a

24 risk to the national security of the United States because

25 it would disclose classified information.
271

•S 1356 IS

1 ‘‘(5) With respect to any evidence described in para2 graph (4), the judge shall cause to be delivered to the alien

3 either—

4 ‘‘(A)(i) the substitution for such evidence of a

5 statement admitting relevant facts that the specific

6 evidence would tend to prove, or (ii) the substitution

7 for such evidence of a summary of the specific evi8 dence; or

9 ‘‘(B) if disclosure of even the substituted evi10 dence described in subparagraph (A) would create a

11 substantial risk of death or serious bodily harm to

12 any person, a statement informing the alien that no

13 such summary is possible.

14 ‘‘(6) If the judge determines—

15 ‘‘(A) that the substituted evidence described in

16 paragraph (4)(B) will provide the alien with sub17 stantially the same ability to make his defense as

18 would disclosure of the specific evidence, or

19 ‘‘(B) that disclosure of even the substituted evi20 dence described in paragraph (5)(A) would create a

21 substantial risk of death or serious bodily harm to

22 any person,

23 then the determination of deportation (described in sub24 section (f)) may be made pursuant to this section.
272

•S 1356 IS

1 ‘‘(f) DETERMINATION OF DEPORTATION.—(1) If the

2 determination in subsection (e)(6)(A) has been made, the

3 judge shall, considering the evidence on the record as a

4 whole, require that the alien be deported if the Attorney

5 General proves, by clear and convincing evidence, that the

6 alien is subject to deportation because he is an alien as

7 described in section 241(a)(4)(B).

8 ‘‘(2) If the determination in subsection (e)(6)(B) has

9 been made, the judge shall, considering the evidence re10 ceived (in camera and otherwise), require that the alien

11 be deported if the Attorney General proves, by clear, con12 vincing, and unequivocal evidence, that the alien is subject

13 to deportation because he is an alien as described in sec14 tion 241(a)(4)(B).

15 ‘‘(g) APPEALS.—(1) The alien may appeal a deter16 mination under subsection (f) to the court of appeals for

17 the Federal Circuit, by filing a notice of appeal with such

18 court within 20 days of the determination under such sub19 section.

20 ‘‘(2)(A) The Attorney General may appeal a deter21 mination under subsection (d), (e), or (f) to the court of

22 appeals for the Federal Circuit, by filing a notice of appeal

23 with such court within 20 days of the determination under

24 any one of such subsections.
273

•S 1356 IS

1 ‘‘(B) When requested by the Attorney General, the

2 entire record of the proceeding under this section shall be

3 transmitted to the court of appeals under seal. If the At4 torney General is appealing a determination under sub5 section (d) or (e), the court of appeals shall consider such

6 appeal in camera and ex parte.’’.

7 Subtitle C—Enhanced Entry

8 Controls

9 SEC. 831. ADMISSIONS FRAUD.

10 (a) EXCLUSION FOR FRAUDULENT DOCUMENTS AND

11 FAILURE TO PRESENT DOCUMENTS.—Section

12 212(a)(6)(C) of the Immigration and Nationality Act (8

13 U.S.C. 1182(a)(6)(C)) is amended—

14 (1) by striking ‘‘(C) MISREPRESENTATION’’ and

15 inserting in lieu thereof the following:

16 ‘‘(C) FRAUD, MISREPRESENTATION, AND

17 FAILURE TO PRESENT DOCUMENTS’’;

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

19 clause:

20 ‘‘(iii) FRAUDULENT DOCUMENTS AND

21 FAILURE TO PRESENT DOCUMENTS.—

22 ‘‘(I) Any alien who, in seeking

23 entry to the United States or board24 ing a common carrier for the purpose

25 of coming to the United States, pre-
274

•S 1356 IS

1 sents any document which, in the de2 termination of the immigration offi3 cer, is forged, counterfeit, altered,

4 falsely made, stolen, or inapplicable to

5 the alien presenting the document, or

6 otherwise contains a misrepresenta7 tion of a material fact, is excludable.

8 ‘‘(II) Any alien who, in boarding

9 a common carrier for the purpose of

10 coming to the United States, presents

11 a document that relates or purports to

12 relate to the alien’s eligibility to enter

13 the United States, and fails to present

14 such document to an immigration offi15 cer upon arrival at a port of entry

16 into the United States, is exclud17 able.’’.

18 (b) AVAILABILITY OF ASYLUM AND OTHER DISCRE19 TIONARY RELIEF.—

20 (1) Section 208 of the Immigration and Nation21 ality Act (8 U.S.C. 1158) is amended by adding at

22 the end the following new subsection:

23 ‘‘(e) FRAUD.—

24 ‘‘(1) APPLICATION OF FRAUD EXCLUSION.—

25 Notwithstanding subsection (a) and except as pro-
275

•S 1356 IS

1 vided in paragraph (2), any alien who is excludable

2 under section 212(a)(6)(C)(iii) or section

3 212(a)(7)(A)(i) may not apply for or be granted asy4 lum.

5 ‘‘(2) EXCEPTION.—(A) The limitation under

6 paragraph (1) shall not apply if the action upon

7 which the exclusion is based was pursuant to direct

8 departure from a country in which—

9 ‘‘(i) the alien has a credible fear of perse10 cution; or

11 ‘‘(ii) there is a significant danger that the

12 alien would be returned to a country in which

13 the alien would have a credible fear of persecu14 tion.

15 ‘‘(B) For the purposes of subparagraph (A), an

16 alien may be considered to have a credible fear of

17 persecution if—

18 ‘‘(i) it is more probable than not that the

19 statements made by the alien in support of his

20 or her claim are true; and

21 ‘‘(ii) there is a significant possibility, in

22 light of such statements and of such other facts

23 as are known to the officer about country con24 ditions, that the alien could establish eligibility
276

•S 1356 IS

1 as a refugee within the meaning of section

2 101(a)(42)(A).’’.

3 (2) Section 212(c) of the Immigration and Na4 tionality Act (8 U.S.C. 1182(c)) is amended in the

5 third sentence by inserting before the period ‘‘or to

6 any alien who is excludable pursuant to section

7 212(a)(6)(C)(iii)’’.

8 SEC. 832. INSPECTION AND EXCLUSION BY IMMIGRATION

9 OFFICERS.

10 Section 235(b) of the Immigration and Nationality

11 Act (8 U.S.C. 1225(b)) is amended to read as follows:

12 ‘‘(b) INSPECTION AND EXCLUSION BY IMMIGRATION

13 OFFICERS.—

14 ‘‘(1) An immigration officer shall inspect each

15 alien who is seeking entry to the United States.

16 ‘‘(2)(A) If the examining immigration officer

17 determines that an alien seeking entry—

18 ‘‘(i)(I) is excludable under section

19 212(a)(6)(C)(iii), or

20 ‘‘(II) is excludable under section

21 212(a)(7)(A)(i),

22 ‘‘(ii) does not have any reasonable basis for

23 legal entry into the United States, and

24 ‘‘(iii) does not indicate an intention to

25 apply for asylum under section 208,
277

•S 1356 IS

1 the alien shall be specially excluded from entry into

2 the United States without a hearing.

3 ‘‘(B) The examining immigration officer shall

4 refer to an immigration officer, specially trained to

5 conduct interviews and make determinations bearing

6 on eligibility for asylum, any alien who is (i) exclud7 able under section 212(a)(6)(C)(iii) or section

8 212(a)(7)(A) (i) and (ii) who has indicated an inten9 tion to apply for asylum. Such an alien shall not be

10 considered to have entered the United States for

11 purposes of this Act.

12 ‘‘(C) An alien under subparagraph (B) who is

13 determined by an immigration officer, specially

14 trained to conduct interviews and make determina15 tions bearing on eligibility for asylum, to be exclud16 able and ineligible for the exception under section

17 208(e)(2), shall be specially excluded and deported

18 from the United States without further hearing.

19 ‘‘(3)(A) Except as provided in subparagraph

20 (B), if the examining immigration officer determines

21 that an alien seeking entry is not clearly and beyond

22 a doubt entitled to enter, the alien shall be detained

23 for a hearing before an immigration judge.

24 ‘‘(B) The provisions of subparagraph (A) shall

25 not apply—
278

•S 1356 IS

1 ‘‘(i) to an alien crewman,

2 ‘‘(ii) to an alien described in paragraph

3 (2)(A) or (2)(C), or

4 ‘‘(iii) if the conditions described in section

5 273(d) exist.

6 ‘‘(4) The decision of the examining immigration

7 officer, if favorable to the admission of any alien,

8 shall be subject to challenge by any other immigra9 tion officer and such challenge shall operate to take

10 the alien, whose privilege to enter is so challenged,

11 before an immigration judge for a hearing on exclu12 sion of the alien.

13 ‘‘(5) The Attorney General shall establish pro14 cedures that ensure that aliens are not specially ex15 cluded under paragraph (2)(A) without an inquiry

16 into their reasons for seeking entry into the United

17 States.

18 ‘‘(6)(A) Subject to subparagraph (B), an alien

19 has not entered the United States for purposes of

20 this Act unless and until such alien has been in21 spected and admitted by an immigration officer pur22 suant to this subsection.

23 ‘‘(B) An alien who (i) is physically present in

24 the United States, (ii) has been physically present in

25 the United States for a continuous period of one
279

•S 1356 IS

1 year, and (iii) has not been inspected and admitted

2 by an immigration officer may be said to have en3 tered the United States without inspection. Such an

4 alien is subject to deportation pursuant to section

5 241(a)(1)(B).’’.

6 SEC. 833. JUDICIAL REVIEW.

7 Section 235 of the Immigration and Nationality Act

8 (8 U.S.C. 1225) (as amended by section 732) is amended

9 by adding after subsection (c) the following new sub10 sections:

11 ‘‘(d) HABEAS CORPUS REVIEW.—Notwithstanding

12 any other provision of law, no court shall have jurisdiction

13 to review, except by petition for habeas corpus, any deter14 mination made with respect to an alien found excludable

15 pursuant to section 212(a)(6)(C)(iii) or section

16 212(a)(7)(A)(i). In any such case, review by habeas corpus

17 shall be limited to examination of whether the petitioner

18 (1) is an alien, and (2) was ordered excluded from the

19 United States pursuant to section 235(b)(2).

20 ‘‘(e) OTHER LIMITS ON JUDICIAL REVIEW AND AC21 TION.—Notwithstanding any other provision of law, no

22 court shall have jurisdiction (1) to review the procedures

23 established by the Attorney General for the determination

24 of exclusion pursuant to section 212(a)(6)(C)(iii) or sec25 tion 212(a)(7)(A)(i), or (2) to enter declaratory or injunc-
280

•S 1356 IS

1 tive relief with respect to the implementation of subsection

2 (b)(2). Regardless of the nature of the suit or claim, no

3 court shall have jurisdiction except by habeas corpus peti4 tion as provided in subsection (d) to consider the validity

5 of any adjudication or determination of special exclusion

6 or to provide declaratory or injunctive relief with respect

7 to the special exclusion of any alien.

8 ‘‘(f) COLLATERAL ENFORCEMENT PROCEEDINGS.—

9 In any action brought for the assessment of penalties for

10 improper entry or re-entry of an alien under section 275

11 or 276, no court shall have jurisdiction to hear claims col12 laterally attacking the validity of orders of exclusion, spe13 cial exclusion, or deportation entered under sections 235,

14 236, and 242.’’.

15 SEC. 834. CONFORMING AMENDMENTS.

16 Section 237(a) of the Immigration and Nationality

17 Act (8 U.S.C. 1227(a)) is amended—

18 (1) in the second sentence of paragraph (1) by

19 striking ‘‘Deportation’’ and inserting ‘‘Subject to

20 section 235(b)(2), deportation’’; and

21 (2) in the first sentence of paragraph (2) by

22 striking ‘‘If’’ and inserting ‘‘Subject to section

23 235(b)(2), if’’.
281

•S 1356 IS

1 SEC. 835. EFFECTIVE DATE.

2 Except as otherwise provided, the amendments made

3 by this subtitle shall take effect on the date of the enact4 ment of this Act and shall apply to aliens who arrive in

5 or seek admission to the United States on or after that

6 date.

7 TITLE IX—VICTIMS’ RIGHTS AND

8 CHILD ABUSE

9 Subtitle A—Victims’ Rights

10 SEC. 901. RESTITUTION AMENDMENTS.

11 Section 3663(b) of title 18, United States Code, is

12 amended—

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

14 (3);

15 (2) by redesignating paragraph (4) as para16 graph (5); and

17 (3) by inserting after paragraph (4) the follow18 ing new paragraph:

19 ‘‘(4) in any case, reimburse the victim for nec20 essary child care, transportation, and other expenses

21 related to participation in the investigation or pros22 ecution of the offense or attendance at proceedings

23 related to the offense; and’’.

24 (b) SUSPENSION OF FEDERAL BENEFITS.—Section

25 3663 of title 18, United States Code, is amended—
282

•S 1356 IS

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

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

3 (2) by inserting after subsection (f) the follow4 ing new subsection:

5 ‘‘(g)(1) If the defendant is delinquent in making res6 titution in accordance with any schedule of payments or

7 any requirement of immediate payment imposed under

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

9 defendant’s eligibility for all Federal benefits until such

10 time as the defendant demonstrates to the court good11 faith efforts to return to such schedule.

12 ‘‘(2) In this subsection—

13 ‘‘(A) ‘Federal benefits’—

14 ‘‘(i) means any grant, contract, loan, pro15 fessional license, or commercial license provided

16 by an agency of the United States or by appro17 priated funds of the United States; and

18 ‘‘(ii) does not include any retirement, wel19 fare, Social Security, health, disability, veterans

20 benefit, public housing, or other similar benefit,

21 or any other benefit for which payments or

22 services are required for eligibility.

23 ‘‘(B) ‘veterans benefit’ means all benefits pro24 vided to veterans, their families, or survivors by vir-
283

•S 1356 IS

1 tue of the service of a veteran in the Armed Forces

2 of the United States.’’.

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

4 Rule 24(b) of the Federal Rules of Criminal Proce5 dure is amended by striking ‘‘the Government is entitled

6 to 6 peremptory challenges and the defendant or defend7 ants jointly to 10 peremptory challenges’’ and inserting

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

9 SEC. 903. MANDATORY RESTITUTION AND OTHER PROVI10 SIONS.

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

12 18, United States Code, is amended—

13 (1) in subsection (a)—

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

15 ‘‘shall order’’; and

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

17 paragraph:

18 ‘‘(4) In addition to ordering restitution of the

19 victim of the offense of which a defendant is con20 victed, a court may order restitution of any person

21 who, as shown by a preponderance of evidence, was

22 harmed physically, emotionally, or pecuniarily, by

23 unlawful conduct of the defendant during—

24 ‘‘(A) the criminal episode during which the

25 offense occurred; or
284

•S 1356 IS

1 ‘‘(B) the course of a scheme, conspiracy, or

2 pattern of unlawful activity related to the of3 fense.’’;

4 (2) in subsection (b)(1)(A) by striking ‘‘imprac5 tical’’ and inserting ‘‘impracticable’’;

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

7 or’’ after ‘‘resulting in’’;

8 (4) in subsection (c) by striking ‘‘If the Court

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

10 and inserting ‘‘The’’;

11 (5) by striking subsections (d), (e), (f), (h), and

12 (i), as redesignated by section 871(b)(1);

13 (6) by redesignating subsection (g), as added by

14 section 871(b)(2), as subsection (d); and

15 (7) by adding at the end the following new sub16 sections:

17 ‘‘(e)(1) The court shall order restitution to a victim

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

19 the court and without consideration of—

20 ‘‘(A) the economic circumstances of the of21 fender; or

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

23 entitled to receive compensation with respect to a

24 loss from insurance or any other source.
285

•S 1356 IS

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

2 owed to each victim, the court shall specify in the restitu3 tion order the manner in which and the schedule according

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

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

6 the offender;

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

8 the offender; and

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

10 including obligations to dependents.

11 ‘‘(3) A restoration order may direct the offender to

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

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

14 agreeable to the victim and the offender.

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

16 may be in the form of—

17 ‘‘(A) return of property;

18 ‘‘(B) replacement of property; or

19 ‘‘(C) services rendered to the victim or to a per20 son or organization other than the victim.

21 ‘‘(f) When the court finds that more than 1 offender

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

23 each offender liable for payment of the full amount of res24 titution or may apportion liability among the offenders to
286

•S 1356 IS

1 reflect the level of contribution and economic cir2 cumstances of each offender.

3 ‘‘(g) When the court finds that more than 1 victim

4 has sustained a loss requiring restitution by an offender,

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

6 provide for different payment schedules to reflect the eco7 nomic circumstances of each victim.

8 ‘‘(h)(1) If the victim has received or is entitled to re9 ceive compensation with respect to a loss from insurance

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

11 be paid to the person who provided or is obligated to pro12 vide the compensation, but the restitution order shall pro13 vide that all restitution of victims required by the order

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

15 such a provider of compensation.

16 ‘‘(2) The issuance of a restitution order shall not af17 fect the entitlement of a victim to receive compensation

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

19 until the payments actually received by the victim under

20 the restitution order fully compensate the victim for the

21 loss, at which time a person that has provided compensa22 tion to the victim shall be entitled to receive any payments

23 remaining to be paid under the restitution order.
287

•S 1356 IS

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

2 restitution shall be set off against any amount later recov3 ered as compensatory damages by the victim in—

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

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

6 provided by the law of the State.

7 ‘‘(i) A restitution order shall provide that—

8 ‘‘(1) all fines, penalties, costs, restitution pay9 ments and other forms of transfers of money or

10 property made pursuant to the sentence of the court

11 shall be made by the offender to an entity des12 ignated by the Director of the Administrative Office

13 of the United States Courts for accounting and pay14 ment by the entity in accordance with this sub15 section;

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

17 the Administrative Office of the United States

18 Courts shall—

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

20 tracks the offender’s obligations and the cur21 rent status in meeting those obligations, unless,

22 after efforts have been made to enforce the res23 titution order and it appears that compliance

24 cannot be obtained, the court determines that
288

•S 1356 IS

1 continued recordkeeping under this subpara2 graph would not be useful;

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

4 parties when an offender is 90 days in arrears

5 in meeting those obligations; and

6 ‘‘(C) disburse money received from an of7 fender so that each of the following obligations

8 is paid in full in the following sequence:

9 ‘‘(i) a penalty assessment under sec10 tion 3013;

11 ‘‘(ii) restitution of all victims; and

12 ‘‘(iii) all other fines, penalties, costs,

13 and other payments required under the

14 sentence; and

15 ‘‘(3) the offender shall advise the entity des16 ignated by the Director of the Administrative Office

17 of the United States Courts of any change in the of18 fender’s address during the term of the restitution

19 order.

20 ‘‘(j) A restitution order shall constitute a lien against

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

22 Federal or State office for the recording of liens against

23 real or personal property.

24 ‘‘(k) Compliance with the schedule of payment and

25 other terms of a restitution order shall be a condition of
289

•S 1356 IS

1 any probation, parole, or other form of release of an of2 fender. If a defendant fails to comply with a restitution

3 order, the court may revoke probation or a term of super4 vised release, modify the term or conditions of probation

5 or a term of supervised release, hold the defendant in con6 tempt of court, enter a restraining order or injunction,

7 order the sale of property of the defendant, accept a per8 formance bond, or take any other action necessary to ob9 tain compliance with the restitution order. In determining

10 what action to take, the court shall consider the defend11 ant’s employment status, earning ability, financial re12 sources, the willfulness in failing to comply with the res13 titution order, and any other circumstances that may have

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

15 restitution order.

16 ‘‘(l) An order of restitution may be enforced—

17 ‘‘(1) by the United States—

18 ‘‘(A) in the manner provided for the collec19 tion and payment of fines in subchapter B of

20 chapter 229; or

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

22 a civil action; and

23 ‘‘(2) by a victim named in the order to receive

24 restitution, in the same manner as a judgment in a

25 civil action.
290

•S 1356 IS

1 ‘‘(m) A victim or the offender may petition the court

2 at any time to modify a restitution order as appropriate

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

4 offender.’’.

5 (b) PROCEDURE FOR ISSUING ORDER OF RESTITU6 TION.—Section 3664 of title 18, United States Code, is

7 amended—

8 (1) by striking subsection (a);

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

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

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

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

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

14 court to obtain information pertaining to the amount of

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

16 the financial resources of the defendant, the financial

17 needs and earning ability of the defendant and the defend18 ant’s dependents, and such other factors as the court

19 deems appropriate. The probation service of the court

20 shall include the information collected in the report of

21 presentence investigation or in a separate report, as the

22 court directs.’’; and

23 (4) by adding at the end the following new sub24 section:
291

•S 1356 IS

1 ‘‘(e) The court may refer any issue arising in connec2 tion with a proposed order of restitution to a magistrate

3 or special master for proposed findings of fact and rec4 ommendations as to disposition, subject to a de novo de5 termination of the issue by the court.’’.

6 Subtitle B—National Child

7 Protection Act

8 SEC. 911. SHORT TITLE.

9 This subtitle may be cited as the ‘‘National Child

10 Protection Act of 1993’’.

11 SEC. 912. FINDINGS AND PURPOSES.

12 (a) FINDINGS.—The Congress finds that—

13 (1) more than 2,500,000 reports of suspected

14 child abuse and neglect are made each year, and in15 creases have occurred in recent years in the abuse

16 of children by persons who have previously commit17 ted crimes of child abuse or other serious crimes;

18 (2) although the great majority of child care

19 providers are caring and dedicated professionals,

20 child abusers and others who harm or prey on chil21 dren frequently seek employment in or volunteer for

22 positions that give them access to children;

23 (3) nearly 6,000,000 children received day care

24 in 1990, and this total is growing rapidly to an esti25 mated 8,000,000 children by 1995;
292

•S 1356 IS

1 (4) exposure to child abusers and others who

2 harm or prey on children is harmful to the physical

3 and emotional well-being of children;

4 (5) there is no reliable, centralized national

5 source through which child care organizations may

6 obtain the benefit of a nationwide criminal back7 ground check on persons who provide or seek to pro8 vide child care;

9 (6) some States maintain automated criminal

10 background files and provide criminal history infor11 mation to child care organizations on persons who

12 provide or seek to provide child care; and

13 (7) because State and national criminal jus14 tice databases are inadequate to permit effective na15 tional background checks, persons convicted of

16 crimes of child abuse or other serious crimes may

17 gain employment at a child care organization.

18 (b) PURPOSES.—The purposes of this subtitle are—

19 (1) to establish a national system through

20 which child care organizations may obtain the bene21 fit of a nationwide criminal background check to de22 termine if persons who are current or prospective

23 child care providers have committed child abuse

24 crimes or other serious crimes;
293

•S 1356 IS

1 (2) to establish minimum criteria for State laws

2 and procedures that permit child care organizations

3 to obtain the benefit of nationwide criminal back4 ground checks to determine if persons who are cur5 rent or prospective child care providers have commit6 ted child abuse crimes or other serious crimes;

7 (3) to provide procedural rights for persons who

8 are subject to nationwide criminal background

9 checks, including procedures to challenge and correct

10 inaccurate background check information;

11 (4) to establish a national system for the re12 porting by the States of child abuse crime informa13 tion; and

14 (5) to document and study the problem of child

15 abuse by providing statistical and informational data

16 on child abuse and related crimes to the Department

17 of Justice and other interested parties.

18 SEC. 913. DEFINITIONS.

19 In this subtitle—

20 ‘‘authorized agency’’ means a division or office

21 of a State designated by a State to report, receive,

22 or disseminate information under this subtitle.

23 ‘‘background check crime’’ means a child abuse

24 crime, murder, manslaughter, aggravated assault,

25 kidnapping, arson, sexual assault, domestic violence,
294

•S 1356 IS

1 incest, indecent exposure, prostitution, promotion of

2 prostitution, and a felony offense involving the use

3 or distribution of a controlled substance.

4 ‘‘child’’ means a person who is a child for pur5 poses of the criminal child abuse law of a State.

6 ‘‘child abuse’’ means the physical or mental in7 jury, sexual abuse or exploitation, neglectful treat8 ment, negligent treatment, or maltreatment of a

9 child by any person in violation of the criminal child

10 abuse laws of a State, but does not include discipline

11 administered by a parent or legal guardian to his or

12 her child provided it is reasonable in manner and

13 moderate in degree and otherwise does not con14 stitute cruelty.

15 ‘‘child abuse crime’’ means a crime committed

16 under any law of a State that establishes criminal

17 penalties for the commission of child abuse by a par18 ent or other family member of a child or by any

19 other person.

20 ‘‘child abuse crime information’’ means the fol21 lowing facts concerning a person who is under in22 dictment for, or has been convicted of, a child abuse

23 crime: full name, social security number, age, race,

24 sex, date of birth, height, weight, hair and eye color,

25 legal residence address, a brief description of the
295

•S 1356 IS

1 child abuse crime or offenses for which the person

2 is under indictment or has been convicted, and any

3 other information that the Attorney General deter4 mines may be useful in identifying persons under in5 dictment for, or convicted of, a child abuse crime.

6 ‘‘child care’’ means the provision of care, treat7 ment, education, training, instruction, supervision,

8 or recreation to children.

9 ‘‘domestic violence’’ means a felony or mis10 demeanor involving the use or threatened use of

11 force by—

12 (A) a present or former spouse of the vic13 tim;

14 (B) a person with whom the victim shares

15 a child in common;

16 (C) a person who is cohabiting with or has

17 cohabited with the victim as a spouse; or

18 (D) any person defined as a spouse of the

19 victim under the domestic or family violence

20 laws of a State.

21 ‘‘exploitation’’ means child pornography and

22 child prostitution.

23 ‘‘mental injury’’ means harm to a child’s psy24 chological or intellectual functioning, which may be

25 exhibited by severe anxiety, depression, withdrawal
296

•S 1356 IS

1 or outward aggressive behavior, or a combination of

2 those behaviors or by a change in behavior, emo3 tional response, or cognition.

4 ‘‘national criminal background check system’’

5 means the system of information and identification

6 relating to convicted and accused child abuse offend7 ers that is maintained by the Attorney General

8 under this subtitle.

9 ‘‘negligent treatment’’ means the failure to pro10 vide, for a reason other than poverty, adequate food,

11 clothing, shelter, or medical care so as to seriously

12 endanger the physical health of a child.

13 ‘‘physical injury’’ includes lacerations, fractured

14 bones, burns, internal injuries, severe bruising, and

15 serious bodily harm.

16 ‘‘provider’’ means

17 (A) a person who—

18 (i) is employed by or volunteers with

19 a qualified entity;

20 (ii) who owns or operates a qualified

21 entity; or

22 (iii) who has or may have unsuper23 vised access to a child to whom the quali24 fied entity provides child care; and

25 (B) a person who—
297

•S 1356 IS

1 (i) seeks to be employed by or volun2 teer with a qualified entity;

3 (ii) seeks to own or operate a qualified

4 entity; or

5 (iii) seeks to have or may have unsu6 pervised access to a child to whom the

7 qualified entity provides child care.

8 ‘‘qualified entity’’ means a business or organi9 zation, whether public, private, for-profit, not-for10 profit, or voluntary, that provides child care or child

11 care placement services, including a business or or12 ganization that licenses or certifies others to provide

13 child care or child care placement services.

14 ‘‘sex crime’’ means an act of sexual abuse that

15 is a criminal act.

16 ‘‘sexual abuse’’ includes the employment, use,

17 persuasion, inducement, enticement, or coercion of a

18 child to engage in, or assist another person to en19 gage in, sexually explicit conduct or the rape, moles20 tation, prostitution, or other form of sexual exploi21 tation of children or incest with children.

22 ‘‘State’’ means a State, the District of Colum23 bia, the Commonwealth of Puerto Rico, American

24 Samoa, the Virgin Islands, Guam, and the Trust

25 Territories of the Pacific.
298

•S 1356 IS

1 SEC. 914. REPORTING BY THE STATES.

2 (a) IN GENERAL.—An authorized agency of a State

3 shall report child abuse crime information to the national

4 criminal background check system.

5 (b) PROVISION OF STATE CHILD ABUSE CRIME

6 RECORDS TO THE NATIONAL CRIMINAL BACKGROUND

7 CHECK SYSTEM.—(1) Not later than 180 days after the

8 date of enactment of this Act, the Attorney General

9 shall—

10 (A) investigate the criminal records of each

11 State and determine for each State a timetable by

12 which the State should be able to provide child

13 abuse crime records on an on-line capacity basis to

14 the national criminal background check system;

15 (B) establish guidelines for the reporting of

16 child abuse crime information, including guidelines

17 relating to the format, content, and accuracy of child

18 abuse crime information and other procedures for

19 carrying out this subtitle; and

20 (C) notify each State of the determinations

21 made pursuant to subparagraphs (A) and (B).

22 (2) The Attorney General shall require as a part of

23 the State timetable that the State—

24 (A) achieve, by not later than the date that is

25 3 years after the date of enactment of this Act, at

26 least 80 percent currency of child abuse crime case
299

•S 1356 IS

1 dispositions in computerized criminal history files for

2 all child abuse crime cases in which there has been

3 an entry of activity within the last 5 years; and

4 (B) continue to maintain such a system.

5 (c) EXCHANGE OF INFORMATION.—An authorized

6 agency of a State shall maintain close liaison with the Na7 tional Center on Child Abuse and Neglect, the National

8 Center for Missing and Exploited Children, and the Na9 tional Center for the Prosecution of Child Abuse for the

10 exchange of information and technical assistance in cases

11 of child abuse.

12 (d) ANNUAL SUMMARY.—(1) The Attorney General

13 shall publish an annual statistical summary of the child

14 abuse crime information reported under this subtitle.

15 (2) The annual statistical summary described in

16 paragraph (1) shall not contain any information that may

17 reveal the identity of any particular victim of a crime.

18 (e) ANNUAL REPORT.—The Attorney General shall

19 publish an annual summary of each State’s progress in

20 reporting child abuse crime information to the national

21 criminal background check system.

22 (f) STUDY OF CHILD ABUSE OFFENDERS.—(1) Not

23 later than 180 days after the date of enactment of this

24 Act, the Administrator of the Office of Juvenile Justice

25 and Delinquency Prevention shall begin a study based on
300

•S 1356 IS

1 a statistically significant sample of convicted child abuse

2 offenders and other relevant information to determine—

3 (A) the percentage of convicted child abuse of4 fenders who have more than 1 conviction for an of5 fense involving child abuse;

6 (B) the percentage of convicted child abuse of7 fenders who have been convicted of an offense in8 volving child abuse in more than 1 State;

9 (C) whether there are crimes or classes of

10 crimes, in addition to those defined as background

11 check crimes in section 883, that are indicative of a

12 potential to abuse children; and

13 (D) the extent to which and the manner in

14 which instances of child abuse form a basis for con15 victions for crimes other than child abuse crimes.

16 (2) Not later than 1 year after the date of enactment

17 of this Act, the Administrator shall submit a report to the

18 Chairman of the Committee on the Judiciary of the Senate

19 and the Chairman of the Committee on the Judiciary of

20 the House of Representatives containing a description of

21 and a summary of the results of the study conducted pur22 suant to paragraph (1).

23 SEC. 915. BACKGROUND CHECKS.

24 (a) IN GENERAL.—(1) A State may have in effect

25 procedures (established by or under State statute or regu-
301

•S 1356 IS

1 lation) to permit a qualified entity to contact an author2 ized agency of the State to request a nationwide back3 ground check for the purpose of determining whether

4 there is a report that a provider is under indictment for,

5 or has been convicted of, a background check crime.

6 (2) The authorized agency shall access and review

7 State and Federal records of background check crimes

8 through the national criminal background check system

9 and other criminal justice recordkeeping systems and shall

10 respond promptly to the inquiry.

11 (b) GUIDELINES.—(1) The Attorney General shall es12 tablish guidelines for State background check procedures

13 established under subsection (a), including procedures for

14 carrying out the purposes of this subtitle.

15 (2) The guidelines established under paragraph (1)

16 shall require—

17 (A) that no qualified entity may request a back18 ground check of a provider under subsection (a) un19 less the provider first completes and signs a state20 ment that—

21 (i) contains the name, address, and date of

22 birth appearing on a valid identification docu23 ment (as defined by section 1028(d)(1) of title

24 18, United States Code) of the provider;
302

•S 1356 IS

1 (ii) the provider is not under indictment

2 for, and has not been convicted of, a back3 ground check crime and, if the provider is

4 under indictment for or has been convicted of

5 a background check crime, contains a descrip6 tion of the crime and the particulars of the in7 dictment or conviction;

8 (iii) notifies the provider that the entity

9 may request a background check under sub10 section (a);

11 (iv) notifies the provider of the provider’s

12 rights under subparagraph (B); and

13 (v) notifies the provider that prior to the

14 receipt of the background check the qualified

15 entity may choose to deny the provider unsuper16 vised access to a child to whom the qualified en17 tity provides child care;

18 (B) that each State establish procedures under

19 which a provider who is the subject of a background

20 check under subsection (a) is entitled—

21 (i) to obtain a copy of any background

22 check report and any record that forms the

23 basis for any such report; and

24 (ii) to challenge the accuracy and com25 pleteness of any information contained in any
303

•S 1356 IS

1 such report or record and obtain a prompt de2 termination from an authorized agency as to

3 the validity of such challenge;

4 (C) that an authorized agency to which a quali5 fied entity has provided notice pursuant to sub6 section (a) make reasonable efforts to complete re7 search in whatever State and local recordkeeping

8 systems are available and in the national criminal

9 background check system and respond to the quali10 fied entity within 15 business days;

11 (D) that the response of an authorized agency

12 to an inquiry pursuant to subsection (a) informs the

13 qualified entity that the background check pursuant

14 to this section—

15 (i) may not reflect all indictments or con16 victions for a background check crime;

17 (ii) is not certain to include arrest infor18 mation; and

19 (iii) should not be the sole basis for deter20 mining the fitness of a provider;

21 (E) that the response of an authorized agency

22 to an inquiry pursuant to subsection (a)—

23 (i) at a minimum, states whether the back24 ground check information set forth in the iden-
304

•S 1356 IS

1 tification document required under subpara2 graph (A) is complete and accurate; and

3 (ii) be limited to the information reason4 ably required to accomplish the purposes of this

5 subtitle;

6 (F) that no qualified entity may take action ad7 verse to a provider, except that the qualified entity

8 may choose to deny the provider unsupervised access

9 to a child to whom the qualified entity provides child

10 care, on the basis of a background check under sub11 section (a) until the provider has obtained a deter12 mination as to the validity of any challenge under

13 subparagraph (B) or waived the right to make such

14 challenge;

15 (G) that each State establish procedures to en16 sure that any background check under subsection

17 (a) and the results thereof shall be requested by and

18 provided only to—

19 (i) qualified entities identified by States;

20 (ii) authorized representatives of a quali21 fied entity who have a need to know such infor22 mation;

23 (iii) the providers;

24 (iv) law enforcement authorities; or
305

•S 1356 IS

1 (v) pursuant to the direction of a court of

2 law;

3 (H) that background check information con4 veyed to a qualified entity pursuant to subsection (a)

5 shall not be conveyed to any person except as pro6 vided under subparagraph (G);

7 (I) that an authorized agency shall not be liable

8 in an action at law for damages for failure to pre9 vent a qualified entity from taking action adverse to

10 a provider on the basis of a background check; and

11 (J) that a State employee or a political subdivi12 sion of a State or employee thereof responsible for

13 providing information to the national criminal back14 ground check system shall not be liable in an action

15 at law for damages for failure to prevent a qualified

16 entity from taking action adverse to a provider on

17 the basis of a background check.

18 (c) EQUIVALENT PROCEDURES.—(1) Notwithstand19 ing anything to the contrary in this section, the Attorney

20 General may certify that a State licensing or certification

21 procedure that differs from the procedures described in

22 subsections (a) and (b) shall be deemed to be the equiva23 lent of such procedures for purposes of this subtitle, but

24 the procedures described in subsections (a) and (b) shall

25 continue to apply to those qualified entities, providers, and
306

•S 1356 IS

1 background check crimes that are not governed by or in2 cluded within the State licensing or certification proce3 dure.

4 (2) The Attorney General shall by regulation estab5 lish criteria for certifications under this subsection. Such

6 criteria shall include a finding by the Attorney General

7 that the State licensing or certification procedure accom8 plishes the purposes of this subtitle and incorporates a na9 tionwide review of State and Federal records of back10 ground check offenses through the national criminal back11 ground check system.

12 (d) RECORDS EXCHANGE.—The Attorney General

13 may exchange Federal Bureau of Investigation identifica14 tion records with authorized agencies for purposes of back15 ground checks under subsection (a) and may by regulation

16 authorize further dissemination of such records by author17 ized agencies for such purposes.

18 (e) REGULATIONS.—(1) The Attorney General shall

19 by regulation prescribe such other measures as may be

20 required to carry out the purposes of this subtitle, includ21 ing measures relating to the security, confidentiality, accu22 racy, use, misuse, and dissemination of information, and

23 audits and recordkeeping.
307

•S 1356 IS

1 (2) The Attorney General shall, to the maximum ex2 tent possible, encourage the use of the best technology

3 available in conducting background checks.

4 SEC. 916. FUNDING FOR IMPROVEMENT OF CHILD ABUSE

5 CRIME INFORMATION.

6 (a) USE OF FORMULA GRANTS FOR IMPROVEMENTS

7 IN STATE RECORDS AND SYSTEMS.—Section 509(b) of

8 title I of the Omnibus Crime Control and Safe Streets Act

9 of 1968 (42 U.S.C. 3759(b)) is amended—

10 (1) in paragraph (2) by striking ‘‘and’’ after

11 the semicolon;

12 (2) in paragraph (3) by striking the period and

13 inserting ‘‘; and’’; and

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

15 paragraph:

16 ‘‘(4) the improvement of State record systems

17 and the sharing of all of the records described in

18 paragraphs (1), (2), and (3) and the records re19 quired by the Attorney General under section 884 of

20 the National Child Protection Act of 1993 with the

21 Attorney General for the purpose of implementing

22 the National Child Protection Act of 1993.’’.

23 (b) ADDITIONAL FUNDING GRANTS FOR THE IM24 PROVEMENT OF CHILD ABUSE CRIME INFORMATION.—

25 (1) The Attorney General shall, subject to appropriations
308

•S 1356 IS

1 and with preference to States that as of the date of enact2 ment of this Act have the lowest percent currency of case

3 dispositions in computerized criminal history files, make

4 a grant to each State to be used—

5 (A) for the computerization of criminal history

6 files for the purposes of this subtitle;

7 (B) for the improvement of existing computer8 ized criminal history files for the purposes of this

9 subtitle;

10 (C) to improve accessibility to the national

11 criminal background check system for the purposes

12 of this subtitle; and

13 (D) to assist the State in the transmittal of

14 criminal records to, or the indexing of criminal his15 tory records in, the national criminal background

16 check system for the purposes of this subtitle.

17 (2) There are authorized to be appropriated for

18 grants under paragraph (1) $20,000,000 for fiscal year

19 1994 and $10,000,000 for each of fiscal years 1995 and

20 1996.

21 (c) WITHHOLDING STATE FUNDS.—Effective 1 year

22 after the date of enactment of this Act, the Attorney Gen23 eral may reduce by up to 10 percent the allocation to a

24 State for a fiscal year under title I of the Omnibus Crime

25 Control and Safe Streets Act of 1968 of a State that is
309

•S 1356 IS

1 not in compliance with the timetable established for that

2 State under section 914.

3 Subtitle C—Jacob Wetterling

4 Crimes Against Children Reg5 istration Act

6 SEC. 921. SHORT TITLE.

7 This subtitle may be cited as the ‘‘Jacob Wetterling

8 Crimes Against Children Registration Act’’.

9 SEC. 922. ESTABLISHMENT OF PROGRAM.

10 (a) IN GENERAL.—

11 (1) STATE GUIDELINES.—The Attorney General

12 shall establish guidelines for State programs requir13 ing any person who is convicted of a criminal offense

14 against a victim who is a minor to register a current

15 address with a designated State law enforcement

16 agency for 10 years after release from prison, being

17 placed on parole, or being placed on supervised re18 lease.

19 (2) DEFINITION.—For purposes of this sub20 section, ‘‘criminal offense against a victim who is a

21 minor’’ includes—

22 (A) kidnapping of a minor, except by a

23 noncustodial parent;

24 (B) false imprisonment of a minor, except

25 by a noncustodial parent;
310

•S 1356 IS

1 (C) criminal sexual conduct toward a

2 minor;

3 (D) solicitation of minors to engage in sex4 ual conduct;

5 (E) use of minors in a sexual performance;

6 or

7 (F) solicitation of minors to practice pros8 titution.

9 (b) REGISTRATION REQUIREMENT UPON RELEASE,

10 PAROLE, OR SUPERVISED RELEASE.—An approved State

11 registration program established by this section shall con12 tain the following requirements:

13 (1) NOTIFICATION.—If a person who is re14 quired to register under this section is released from

15 prison, paroled, or placed on supervised release, a

16 State prison officer shall—

17 (A) inform the person of the duty to reg18 ister;

19 (B) inform the person that if the person

20 changes residence address, the person shall give

21 the new address to a designated State law en22 forcement agency in writing within 10 days;

23 (C) obtain fingerprints and a photograph

24 of the person if these have not already been ob-
311

•S 1356 IS

1 tained in connection with the offense that trig2 gers registration; and

3 (D) require the person to read and sign a

4 form stating that the duty of the person to reg5 ister under this section has been explained.

6 (2) TRANSFER OF INFORMATION TO STATE AND

7 THE FBI.—The officer shall, within 3 days after re8 ceipt of information described in paragraph (1), for9 ward it to a designated State law enforcement agen10 cy. The State law enforcement agency shall imme11 diately enter the information into the appropriate

12 State law enforcement record system and notify the

13 appropriate law enforcement agency having jurisdic14 tion where the person expects to reside. The State

15 law enforcement agency shall also immediately

16 transmit the conviction data and fingerprints to the

17 Identification Division of the Federal Bureau of In18 vestigation.

19 (3) ANNUAL VERIFICATION.—On each anniver20 sary of a person’s initial registration date during the

21 period in which the person is required to register

22 under this section, the designated State law enforce23 ment agency shall mail a nonforwardable verification

24 form to the last reported address of the person. The

25 person shall mail the verification form to the officer
312

•S 1356 IS

1 within 10 days after receipt of the form. The ver2 ification form shall be signed by the person, and

3 state that the person still resides at the address last

4 reported to the designated State law enforcement

5 agency. If the person fails to mail the verification

6 form to the designated State law enforcement agen7 cy within 10 days after receipt of the form, the per8 son shall be in violation of this section unless the

9 person proves that the person has not changed his

10 or her residence address.

11 (4) NOTIFICATION OF LOCAL LAW ENFORCE12 MENT AGENCIES OF CHANGES IN ADDRESS.—Any

13 change of address by a person required to register

14 under this section reported to the designated State

15 law enforcement agency shall immediately be re16 ported to the appropriate law enforcement agency

17 having jurisdiction where the person is residing.

18 (c) REGISTRATION FOR 10 YEARS.—A person re19 quired to register under this section shall continue to com20 ply with this section until 10 years have elapsed since the

21 person was released from imprisonment, or placed on pa22 role or supervised release.

23 (d) PENALTY.—A person required to register under

24 a State program established pursuant to this section who

25 knowingly fails to so register and keep such registration
313

•S 1356 IS

1 current shall be subject to criminal penalties in such State.

2 It is the sense of Congress that such penalties should in3 clude at least 6 months’ imprisonment.

4 (e) PRIVATE DATA.—The information provided under

5 this section is private data on individuals and may be used

6 for law enforcement purposes and confidential background

7 checks conducted with fingerprints for child care services

8 providers.

9 SEC. 923. STATE COMPLIANCE.

10 (a) COMPLIANCE DATE.—Each State shall have 3

11 years from the date of the enactment of this Act in which

12 to implement this subtitle.

13 (b) INELIGIBILITY FOR FUNDS.—The allocation of

14 funds under section 506 of title I of the Omnibus Crime

15 Control and Safe Streets Act of 1968 (42 U.S.C. 3756)

16 received by a State not complying with this subtitle 3

17 years after the date of enactment of this Act shall be re18 duced by 25 percent and the unallocated funds shall be

19 reallocated to the States in compliance with this section.
314

•S 1356 IS

1 TITLE X—VIOLENT CRIMES AND

2 LAW ENFORCEMENT SUPPORT

3 Subtitle A—Violent Crimes

4 SEC. 1001. ADDITION OF ATTEMPTED ROBBERY, KIDNAP5 PING, SMUGGLING, AND PROPERTY DAMAGE

6 OFFENSES TO ELIMINATE INCONSISTENCIES

7 AND GAPS IN COVERAGE.

8 (a) ROBBERY AND BURGLARY.—(1) Section 2111 of

9 title 18, United States Code, is amended by inserting ‘‘or

10 attempts to take’’ after ‘‘takes’’.

11 (2) Section 2112 of title 18, United States Code, is

12 amended by inserting ‘‘or attempts to rob’’ after ‘‘robs’’.

13 (3) Section 2114 of title 18, United States Code, is

14 amended by inserting ‘‘or attempts to rob’’ after ‘‘robs’’.

15 (b) KIDNAPPING.—Section 1201(d) of title 18, Unit16 ed States Code, is amended by striking ‘‘Whoever at17 tempts to violate subsection (a)(4) or (a)(5)’’ and insert18 ing ‘‘Whoever attempts to violate subsection (a)’’.

19 (c) SMUGGLING.—Section 545 of title 18, United

20 States Code, is amended by inserting ‘‘or attempts to

21 smuggle or clandestinely introduce’’ after ‘‘smuggles, or

22 clandestinely introduces’’.

23 (d) MALICIOUS MISCHIEF.—(1) Section 1361 of title

24 18, United States Code, is amended—
315

•S 1356 IS

1 (A) by inserting ‘‘or attempts to commit any of

2 the foregoing offenses’’ before ‘‘shall be punished’’,

3 and

4 (B) by inserting ‘‘or attempted damage’’ after

5 ‘‘damage’’ each place it appears.

6 (2) Section 1362 of title 18, United States Code, is

7 amended by inserting ‘‘or attempts willfully or maliciously

8 to injure or destroy’’ after ‘‘willfully or maliciously injures

9 or destroys’’.

10 (3) Section 1366 of title 18, United States Code, is

11 amended—

12 (A) by inserting ‘‘or attempts to damage’’ after

13 ‘‘damages’’ each place it appears;

14 (B) by inserting ‘‘or attempts to cause’’ after

15 ‘‘causes’’; and

16 (C) by inserting ‘‘or would if the attempted of17 fense had been completed have exceeded’’ after ‘‘ex18 ceeds’’ each place it appears.

19 SEC. 1002. INCREASE IN MAXIMUM PENALTY FOR ASSAULT.

20 (a) CERTAIN OFFICERS AND EMPLOYEES.—Section

21 111 of title 18, United States Code, is amended—

22 (1) in subsection (a) by inserting ‘‘, where the

23 acts in violation of this section constitute only simple

24 assault, be fined under this title, imprisoned not
316

•S 1356 IS

1 more than 1 year, or both, and in all other cases,’’

2 after ‘‘shall’’; and

3 (2) in subsection (b) by inserting ‘‘or inflicts

4 bodily injury’’ after ‘‘weapon’’.

5 (b) FOREIGN OFFICIALS, OFFICIAL GUESTS, AND

6 INTERNATIONALLY PROTECTED PERSONS.—Section

7 112(a) of title 18, United States Code, is amended—

8 (1) by striking ‘‘not more than $5,000’’ and in9 serting ‘‘under this title’’;

10 (2) by inserting ‘‘, or inflicts bodily injury,’’

11 after ‘‘weapon’’; and

12 (3) by striking ‘‘not more than $10,000’’ and

13 inserting ‘‘under this title’’.

14 (c) MARITIME AND TERRITORIAL JURISDICTION.—

15 Section 113 of title 18, United States Code, is amended—

16 (1) in subsection (c)—

17 (A) by striking ‘‘of not more than $1,000’’

18 and inserting ‘‘under this title’’; and

19 (B) by striking ‘‘five’’ and inserting ‘‘10’’;

20 and

21 (2) in subsection (e)—

22 (A) by striking ‘‘of not more than $300’’

23 and inserting ‘‘under this title’’; and

24 (B) by striking ‘‘three’’ and inserting ‘‘6’’.
317

•S 1356 IS

1 (d) CONGRESS, CABINET, OR SUPREME COURT.—

2 Section 351(e) of title 18, United States Code, is amend3 ed—

4 (1) by striking ‘‘not more than $5,000,’’ and in5 serting ‘‘under this title,’’;

6 (2) by inserting ‘‘the assault involved the use of

7 a dangerous weapon, or’’ after ‘‘if’’;

8 (3) by striking ‘‘not more than $10,000’’ and

9 inserting ‘‘under this title’’; and

10 (4) by striking ‘‘for’’.

11 (e) PRESIDENT AND PRESIDENT’S STAFF.—Section

12 1751(e) of title 18, United States Code, is amended—

13 (1) by striking ‘‘not more than $10,000,’’ each

14 place it appears and inserting ‘‘under this title,’’;

15 (2) by striking ‘‘not more than $5,000,’’ and in16 serting ‘‘under this title,’’; and

17 (3) by inserting ‘‘the assault involved the use of

18 a dangerous weapon, or’’ after ‘‘if’’.

19 SEC. 1003. INCREASED MAXIMUM PENALTY FOR MAN20 SLAUGHTER.

21 Section 1112 of title 18, United States Code, is

22 amended—

23 (1) in subsection (b)—
318

•S 1356 IS

1 (A) by inserting ‘‘fined under this title or’’

2 after ‘‘shall be’’ in the second undesignated

3 paragraph; and

4 (B) by inserting ‘‘, or both’’ after ‘‘years’’;

5 (2) by striking ‘‘not more than $1,000’’ and in6 serting ‘‘under this title’’; and

7 (3) by striking ‘‘three’’ and inserting ‘‘6’’.

8 SEC. 1004. INCREASED PENALTY FOR TRAVEL ACT VIOLA9 TIONS.

10 Section 1952(a) of title 18, United States Code, is

11 amended by striking ‘‘and thereafter performs or attempts

12 to perform any of the acts specified in subparagraphs (1),

13 (2), and (3), shall be fined not more than $10,000 or im14 prisoned for not more than five years, or both’’ and insert15 ing ‘‘and thereafter performs or attempts to perform—

16 ‘‘(A) an act described in paragraph (1) or (3)

17 shall be fined under this title, imprisoned not more

18 than 5 years, or both; or

19 ‘‘(B) an act described in paragraph (2) shall be

20 fined under this title, imprisoned for not more than

21 20 years, or both, and if death results shall be im22 prisoned for any term of years or for life.’’.
319

•S 1356 IS

1 SEC. 1005. INCREASED PENALTY FOR CONSPIRACY TO COM2 MIT MURDER FOR HIRE.

3 Section 1958(a) of title 18, United States Code, is

4 amended by inserting ‘‘or who conspires to do so’’ before

5 ‘‘shall be fined’’ the first place it appears.

6 SEC. 1006. FEDERAL PENALTIES FOR CARJACKING.

7 Section 2119 of title 18, United States Code, is

8 amended to read as follows:

9 ‘‘(a) DEFINITION.—In this section, ‘covered motor

10 vehicle’ means a motor vehicle that has been transported,

11 shipped, or received in interstate or foreign commerce.

12 ‘‘(b) OFFENSES.—A person who, while in possession

13 of a firearm (as defined in section 921) or other weapon

14 or dangerous device—

15 ‘‘(1) intentionally strikes or otherwise makes

16 physical contact with a covered motor vehicle with a

17 motor vehicle operated by the person, with any other

18 thing, or with any part of the person’s body, in one

19 of the circumstances described in subsection (c); or

20 ‘‘(2) takes a covered motor vehicle from the

21 person or presence of another by force and violence

22 or by intimidation, or attempts to do so,

23 shall be punished under subsection (d).

24 ‘‘(c) CIRCUMSTANCES IN WHICH OFFENSE OC25 CURS.—The circumstances referred to in subsection (b)(1)

26 are that—
320

•S 1356 IS

1 ‘‘(1) the person makes the contact with the in2 tent to injure an occupant of the motor vehicle or to

3 take or cause damage to the motor vehicle; or

4 ‘‘(2) in the course of events immediately follow5 ing the contact, an occupant of the motor vehicle is

6 injured or the motor vehicle is taken or damaged.

7 ‘‘(d) PENALTIES.—A person who violates subsection

8 (b) shall—

9 ‘‘(1) be fined under this title or imprisoned not

10 more than 15 years, or both;

11 ‘‘(2) if serious bodily injury (as defined in sec12 tion 1365) results, be fined under this title or im13 prisoned not more than 25 years, or both; and

14 ‘‘(3) if death results, be fined under this title

15 or imprisoned for any number of years up to life, or

16 both, or sentenced to death.’’.

17 SEC. 1007. INCREASED MANDATORY MINIMUM SENTENCES

18 FOR CRIMINALS USING FIREARMS.

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

20 amended to read as follows:

21 ‘‘(c)(1)(A) Whoever, during and in relation to any

22 crime of violence or drug trafficking crime (including a

23 crime of violence or drug trafficking crime which provides

24 for an enhanced punishment if committed by the use of

25 a deadly or dangerous weapon or device) for which the
321

•S 1356 IS

1 person may be prosecuted in a court of the United

2 States—

3 ‘‘(i) knowingly uses, carries, or otherwise pos4 sesses a firearm, shall, in addition to the punish5 ment provided for the underlying crime, be sen6 tenced to imprisonment for 10 years;

7 ‘‘(ii) discharges a firearm with intent to injure

8 another person, shall, in addition to the punishment

9 provided for the underlying crime, be sentenced to

10 imprisonment for 20 years; or

11 ‘‘(iii) knowingly uses, carries, or otherwise pos12 sesses a firearm that is a machinegun or destructive

13 device, or that is equipped with a firearm silencer or

14 firearm muffler, shall, in addition to the punishment

15 provided for the underlying crime, be sentenced to

16 imprisonment for 30 years.

17 ‘‘(B)(i) In the case of a second conviction under this

18 subsection, a person shall, in addition to the punishment

19 provided for the underlying crime, be sentenced to impris20 onment for 20 years for a violation of subparagraph

21 (A)(i), to imprisonment for 30 years for a violation of sub22 paragraph (A)(ii), and life imprisonment for a violation

23 of subparagraph (A)(iii).

24 ‘‘(ii) In the case of a third or subsequent conviction

25 under this subsection, or a conviction for a violation of
322

•S 1356 IS

1 subparagraph (A)(ii) that results in the death of another

2 person, a person shall be sentenced to death or life impris3 onment.

4 ‘‘(C) Notwithstanding any other law, a term of im5 prisonment under this subsection shall not run concur6 rently with any other term of imprisonment imposed for

7 the underlying crime.

8 ‘‘(D) For the purposes of paragraph (A), a person

9 shall be considered to be in possession of a firearm if the

10 person has a firearm readily available at the scene of the

11 crime during the commission of the crime.’’.

12 SEC. 1008. LIFE IMPRISONMENT WITHOUT RELEASE FOR

13 CRIMINALS CONVICTED A THIRD TIME.

14 Section 401(b)(1)(A) of the Controlled Substances

15 Act (21 U.S.C. 841(b)(1)(A)) is amended by striking ‘‘If

16 any person commits a violation of this subparagraph or

17 of section 418, 419, or 420 after two or more prior convic18 tions for a felony drug offense have become final, such

19 person shall be sentenced to a mandatory term of life im20 prisonment without release and fined in accordance with

21 the preceding sentence.’’ and inserting ‘‘If any person

22 commits a violation of this subparagraph or of section

23 418, 419, or 420 or a crime of violence after two or more

24 prior convictions for a felony drug offense or crime of vio25 lence or for any combination thereof have become final,
323

•S 1356 IS

1 such person shall be sentenced to not less than a manda2 tory term of life imprisonment without release and fined

3 in accordance with the preceding sentence. For purposes

4 of this subparagraph, the term ‘crime of violence’ means

5 an offense that is a felony punishable by a maximum term

6 of imprisonment of 10 years or more and has as an ele7 ment the use, attempted use, or threatened use of physical

8 force against the person or property of another, or by its

9 nature involves a substantial risk that physical force

10 against the person or property of another may be used

11 in the course of committing the offense.’’.

12 Subtitle B—National Commission

13 to Support Law Enforcement

14 SEC. 1021. SHORT TITLE.

15 This subtitle may be cited as the ‘‘National Commis16 sion to Support Law Enforcement Act.’’.

17 SEC. 1022. FINDINGS.

18 The Congress finds that—

19 (1) law enforcement officers risk their lives

20 daily to protect citizens, for modest rewards and too

21 little recognition;

22 (2) a significant shift has occurred in the prob23 lems that law enforcement officers face without a

24 corresponding change in the support from the Fed25 eral Government;
324

•S 1356 IS

1 (3) law enforcement officers are on the front

2 line in the war against drugs and crime;

3 (4) the rate of violent crime continues to in4 crease along with the increase in drug use;

5 (5) a large percentage of individuals arrested

6 test positive for drug usage;

7 (6) the Presidential Commission on Law En8 forcement and the Administration of Justice of 1965

9 focused attention on many issues affecting law en10 forcement, and a review 25 years later would help to

11 evaluate current problems, including drug-related

12 crime, violence, racial conflict, and decreased fund13 ing; and

14 (7) a comprehensive study of law enforcement

15 issues, including the role of the Federal Government

16 in supporting law enforcement officers, working con17 ditions, and responsibility for crime control would

18 assist in redefining the relationships among the Fed19 eral Government, the public, and law enforcement

20 officials.

21 SEC. 1023. ESTABLISHMENT OF COMMISSION.

22 There is established a national commission to be

23 known as the ‘‘National Commission to Support Law En24 forcement’’ (referred to in this subtitle as the ‘‘Commis25 sion’’).
325

•S 1356 IS

1 SEC. 1024. DUTIES.

2 (a) IN GENERAL.—The Commission shall study and

3 recommend changes regarding law enforcement agencies

4 and law enforcement issues on the Federal, State, and

5 local levels, including the following:

6 (1) FUNDING.—The sufficiency of funding, in7 cluding a review of grant programs at the Federal

8 level.

9 (2) EMPLOYMENT.—The conditions of law en10 forcement employment.

11 (3) INFORMATION.—The effectiveness of infor12 mation-sharing systems, intelligence, infrastructure,

13 and procedures among law enforcement agencies of

14 Federal, State, and local governments.

15 (4) RESEARCH AND TRAINING.—The status of

16 law enforcement research and education and train17 ing.

18 (5) EQUIPMENT AND RESOURCES.—The ade19 quacy of equipment, physical resources, and human

20 resources.

21 (6) COOPERATION.—The cooperation among

22 Federal, State, and local law enforcement agencies.

23 (7) RESPONSIBILITY.—The responsibility of

24 governments and law enforcement agencies in solv25 ing the crime problem.
326

•S 1356 IS

1 (8) IMPACT.—The impact of the criminal jus2 tice system, including court schedules and prison

3 overcrowding, on law enforcement.

4 (b) CONSULTATION.—The Commission shall conduct

5 surveys and consult with focus groups of law enforcement

6 officers, local officials, and community leaders across the

7 Nation to obtain information and seek advice on important

8 law enforcement issues.

9 SEC. 1025. MEMBERSHIP.

10 (a) NUMBER AND APPOINTMENT.—The Commission

11 shall be composed of 24 members as follows:

12 (1) Eight individuals from among national law

13 enforcement officers, of whom—

14 (A) two shall be appointed by the Speaker

15 of the House of Representatives;

16 (B) two shall be appointed by the Majority

17 Leader of the Senate;

18 (C) two shall be appointed by the Minority

19 Leader of the House; and

20 (D) two shall be appointed by the Minority

21 Leader of the Senate.

22 (2) Eight individuals from national law enforce23 ment organizations representing law enforcement

24 management, of whom—
327

•S 1356 IS

1 (A) two shall be appointed by the Speaker

2 of the House of Representatives;

3 (B) two shall be appointed by the Majority

4 Leader of the Senate;

5 (C) two shall be appointed by the Minority

6 Leader of the House; and

7 (D) two shall be appointed by the Minority

8 Leader of the Senate.

9 (3) Two individuals with academic expertise re10 garding law enforcement issues, of whom—

11 (A) one shall be appointed by the Speaker

12 of the House of Representatives and the Major13 ity Leader of the Senate; and

14 (B) one shall be appointed by the Minority

15 Leader of the Senate and the Minority Leader

16 of the House of Representatives.

17 (4) Two Members of the House of Representa18 tives, appointed by the Speaker and the Minority

19 Leader of the House of Representatives.

20 (5) Two Members of the Senate, appointed by

21 the Majority Leader and the Minority Leader of the

22 Senate.

23 (6) One individual from the Department of Jus24 tice, appointed by the President.
328

•S 1356 IS

1 (7) The Comptroller General of the United

2 States, who shall serve as the chairperson of the

3 Commission.

4 (b) COMPENSATION.—

5 (1) IN GENERAL.—Members of the Commission

6 shall receive no additional pay, allowance, or benefit

7 by reason of service on the Commission.

8 (2) TRAVEL EXPENSES.—Each member of the

9 Commission shall receive travel expenses, including

10 per diem in lieu of subsistence, in accordance with

11 sections 5702 and 5703 of title 5, United States

12 Code.

13 (c) APPOINTMENT DATES.—Members of the Com14 mission shall be appointed no later than 90 days after the

15 enactment of this title.

16 SEC. 1026. EXPERTS AND CONSULTANTS.

17 (a) EXPERTS AND CONSULTANTS.—The Commission

18 may procure temporary and intermittent services under

19 section 3109(b) of title 5, United States Code.

20 (b) STAFF OF FEDERAL AGENCIES.—Upon request

21 of the Commission, the head of any Federal agency is au22 thorized to detail, on a reimbursable basis, any of the per23 sonnel of that agency to the Commission to assist the

24 Commission in carrying out its duties under this subtitle.
329

•S 1356 IS

1 (c) ADMINISTRATIVE SUPPORT.—The Administrator

2 of General Services shall provide to the Commission, on

3 a reimbursable basis, administrative support services as

4 the Commission may request.

5 SEC. 1027. POWERS OF COMMISSION.

6 (a) HEARINGS.—The Commission may, for purposes

7 of this subtitle, hold hearings, sit and act at the time and

8 places, take testimony, and receive evidence, as the Com9 mission considers appropriate.

10 (b) DELEGATION OF AUTHORITY.—Any member or

11 agent of the Commission may, if authorized by the Com12 mission, take any action that the Commission is author13 ized to take by this section.

14 (c) INFORMATION.—The Commission may secure di15 rectly from any Federal agency information necessary to

16 enable it to carry out this subtitle. Upon request of the

17 chairperson of the Commission, the head of an agency

18 shall furnish the information to the Commission to the

19 extent permitted by law.

20 (d) GIFTS AND DONATIONS.—The Commission may

21 accept, use, and dispose of gifts or donations of services

22 or property.

23 (e) MAILS.—The Commission may use the United

24 States mails in the same manner and under the same con25 ditions as other Federal agencies.
330

•S 1356 IS

1 SEC. 1028. REPORT.

2 Not later than the expiration of the 18-month period

3 beginning on the date of the appointment of the members

4 of the Commission, a report containing the findings of the

5 Commission and specific proposals for legislation and ad6 ministrative actions that the Commission has determined

7 to be appropriate shall be submitted to Congress.

8 SEC. 1029. TERMINATION.

9 The Commission shall cease to exist upon the expira10 tion of the 60-day period beginning on the date on which

11 the Commission submits its report under section 1028.

12 SEC. 1030. AUTHORIZATION OF APPROPRIATIONS.

13 There is authorized to be appropriated to carry out

14 this subtitle $1,000,000 for fiscal year 1994.

15 SEC. 1031. REPEALS.

16 Title XXXIV of the Crime Control Act of 1990 (42

17 U.S.C. 3721 note) and section 211(B) of the Departments

18 of Commerce, Justice, and State, the Judiciary, and Re19 lated Agencies Appropriations Act, 1991 (42 U.S.C. 3721

20 note; 104 Stat. 2122) are repealed.

21 TITLE XI—CIVIL RIGHTS

22 OFFENSES

23 SEC. 1101. INCREASED MAXIMUM PENALTIES FOR CIVIL

24 RIGHTS VIOLATIONS.

25 (a) CONSPIRACY AGAINST RIGHTS.—Section 241 of

26 title 18, United States Code, is amended—
331

•S 1356 IS

1 (1) by striking ‘‘not more than $10,000’’ and

2 inserting ‘‘under this title’’;

3 (2) by inserting ‘‘from the acts committed in

4 violation of this section or if such acts include kid5 napping or an attempt to kidnap, aggravated sexual

6 abuse or an attempt to commit aggravated sexual

7 abuse, or an attempt to kill’’ after ‘‘results’’; and

8 (3) by inserting ‘‘and may be fined under this

9 title, or both’’ before the period.

10 (b) DEPRIVATION OF RIGHTS.—Section 242 of title

11 18, United States Code, is amended—

12 (1) by striking ‘‘not more more than $1,000’’

13 and inserting ‘‘under this title’’;

14 (2) by inserting ‘‘from the acts committed in

15 violation of this section or if such acts include the

16 use, attempted use, or threatened use of a dangerous

17 weapon, explosives, or fire,’’ after ‘‘bodily injury re18 sults’’;

19 (3) by inserting ‘‘from the acts committed in

20 violation of this section or if such acts include kid21 napping or an attempt to kidnap, aggravated sexual

22 abuse, or an attempt to commit aggravated sexual

23 abuse, or an attempt to kill,’’ after ‘‘death results’’;

24 and
332

•S 1356 IS

1 (4) by inserting ‘‘and may be fined under this

2 title, or both’’ before the period.

3 (c) FEDERALLY PROTECTED ACTIVITIES.—The first

4 sentence of section 245(b) of title 18, United States Code,

5 is amended in the matter following paragraph (5)—

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

7 inserting ‘‘under this title’’;

8 (2) by inserting ‘‘from the acts committed in

9 violation of this section or if such acts include the

10 use, attempted use, or threatened use of a dangerous

11 weapon, explosives, or fire’’ after ‘‘bodily injury

12 results;

13 (3) by striking ‘‘not more than $10,000’’ and

14 inserting ‘‘under this title’’;

15 (4) by inserting ‘‘from the acts committed in

16 violation of this section or if such acts include kid17 napping or an attempt to kidnap, aggravated sexual

18 abuse or an attempt to commit aggravated sexual

19 abuse, or an attempt to kill,’’ after ‘‘death results’’;

20 and

21 (5) by inserting ‘‘and may be fined under this

22 title, or both’’ before the period.

23 (d) DAMAGE TO RELIGIOUS PROPERTY.—Section

24 247 of title 18, United States Code, is amended—
333

•S 1356 IS

1 (1) in subsection (c)(1) by inserting ‘‘from acts

2 committed in violation of this section or if such acts

3 include kidnapping or an attempt to kidnap, aggra4 vated sexual abuse or an attempt to commit aggra5 vated sexual abuse, or an attempt to kill’’ after

6 ‘‘death results’’;

7 (2) in subsection (c)(2)—

8 (A) by striking ‘‘serious’’; and

9 (B) by inserting ‘‘from the acts committed

10 in violation of this section or if such acts in11 clude the use, attempted use, or threatened use

12 of a dangerous weapon, explosives, or fire’’

13 after ‘‘bodily injury results’’; and

14 (3) by amending subsection (e) to read as fol15 lows:

16 ‘‘(e) As used in this section, the term ‘religious prop17 erty’ means any church, synagogue, mosque, religious

18 cemetery, or other religious property.’’.

19 (e) FAIR HOUSING ACT.—Section 901 of the Fair

20 Housing Act (42 U.S.C. 3631) is amended—

21 (1) by striking ‘‘not more than $1,000,’’ and in22 serting ‘‘under title 18, United States Code,’’;

23 (2) by inserting ‘‘from the acts committed in

24 violation of this section or if such acts include the

25 use, attempted use, or threatened use of a dangerous
334

•S 1356 IS

1 weapon, explosives, or fire’’ after ‘‘bodily injury re2 sults’’;

3 (3) by striking ‘‘not more than $10,000,’’ and

4 inserting ‘‘under title 18, United States Code,’’;

5 (4) by inserting ‘‘from the acts committed in

6 violation of this section or if such acts include kid7 napping or an attempt to kidnap, aggravated sexual

8 abuse or an attempt to commit aggravated sexual

9 abuse, or an attempt to kill’’ after ‘‘death results’’;

10 (5) by striking ‘‘subject to imprisonment’’ and

11 inserting ‘‘fined under title 18, United States Code,

12 or imprisoned’’; and

13 (6) by inserting ‘‘, or both’’ after ‘‘life’’.

14 TITLE XII—PUBLIC CORRUPTION

15 SEC. 1201. SHORT TITLE.

16 This title may be cited as the ‘‘Anti-Corruption Act

17 of 1993’’.

18 SEC. 1202. PUBLIC CORRUPTION.

19 (a) OFFENSES.—Chapter 11 of title 18, United

20 States Code, is amended by adding at the end the follow21 ing new section:

22 ‘‘§ 226. Public corruption

23 ‘‘(a) STATE AND LOCAL GOVERNMENT.—

24 ‘‘(1) HONEST SERVICES.—Whoever, in a cir25 cumstance described in paragraph (3), deprives or
335

•S 1356 IS

1 defrauds, or endeavors to deprive or to defraud, by

2 any scheme or artifice, the inhabitants of a State or

3 political subdivision of a State of the honest services

4 of an official or employee of the State or political

5 subdivision shall be fined under this title, imprisoned

6 not more than 10 years, or both.

7 ‘‘(2) FAIR AND IMPARTIAL ELECTIONS.—Who8 ever, in a circumstance described in paragraph (3),

9 deprives or defrauds, or endeavors to deprive or to

10 defraud, by any scheme or artifice, the inhabitants

11 of a State or political subdivision of a State of a fair

12 and impartially conducted election process in any

13 primary, run-off, special, or general election—

14 ‘‘(A) through the procurement, casting, or

15 tabulation of ballots that are materially false,

16 fictitious, or fraudulent or that are invalid,

17 under the laws of the State in which the elec18 tion is held;

19 ‘‘(B) through paying or offering to pay any

20 person for voting;

21 ‘‘(C) through the procurement or submis22 sion of voter registrations that contain false

23 material information, or omit material informa24 tion; or
336

•S 1356 IS

1 ‘‘(D) through the filing of any report re2 quired to be filed under State law regarding an

3 election campaign that contains false material

4 information or omits material information,

5 shall be fined under this title, imprisoned not more

6 than 10 years, or both.

7 ‘‘(3) CIRCUMSTANCES IN WHICH OFFENSE OC8 CURS.—The circumstances referred to in paragraphs

9 (1) and (2) are that—

10 ‘‘(A) for the purpose of executing or con11 cealing a scheme or artifice described in para12 graph (1) or (2) or attempting to do so, a per13 son—

14 ‘‘(i) places in any post office or au15 thorized depository for mail matter, any

16 matter or thing to be sent or delivered by

17 the Postal Service, or takes or receives

18 therefrom any such matter or thing, or

19 knowingly causes to be delivered by mail

20 according to the direction thereon, or at

21 the place at which it is directed to be deliv22 ered by the person to whom it is ad23 dressed, any such matter or thing;

24 ‘‘(ii) transmits or causes to be trans25 mitted by means of wire, radio, or tele-
337

•S 1356 IS

1 vision communication in interstate or for2 eign commerce any writings, signs, signals,

3 pictures, or sounds;

4 ‘‘(iii) transports or causes to be trans5 ported any person or thing, or induces any

6 person to travel in or to be transported in,

7 interstate or foreign commerce; or

8 ‘‘(iv) uses or causes the use of any fa9 cility of interstate or foreign commerce;

10 ‘‘(B) the scheme or artifice affects or con11 stitutes an attempt to affect in any manner or

12 degree, or would if executed or concealed affect,

13 interstate or foreign commerce; or

14 ‘‘(C) in the case of an offense described in

15 paragraph (2), an objective of the scheme or ar16 tifice is to secure the election of an official who,

17 if elected, would have any authority over the

18 administration of funds derived from an Act of

19 Congress totaling $10,000 or more during the

20 12-month period immediately preceding or fol21 lowing the election or date of the offense.

22 ‘‘(b) FEDERAL GOVERNMENT.—Whoever deprives or

23 defrauds, or endeavors to deprive or to defraud, by any

24 scheme or artifice, the inhabitants of the United States

25 of the honest services of a public official or a person who
338

•S 1356 IS

1 has been selected to be a public official shall be fined

2 under this title, imprisoned not more than 10 years, or

3 both.

4 ‘‘(c) OFFENSE BY AN OFFICIAL AGAINST AN EM5 PLOYEE OR OFFICIAL.—

6 ‘‘(1) CRIMINAL OFFENSE.—Whoever, being an

7 official, public official, or person who has been se8 lected to be a public official, directly or indirectly

9 discharges, demotes, suspends, threatens, harasses,

10 or in any manner discriminates against an employee

11 or official of the United States or of a State or polit12 ical subdivision of a State, or endeavors to do so, in

13 order to carry out or to conceal a scheme or artifice

14 described in subsection (a) or (b), shall be fined

15 under this title, imprisoned not more than 5 years,

16 or both.

17 ‘‘(2) CIVIL ACTION.—(A) Any employee or offi18 cial of the United States or of a State or political

19 subdivision of a State who is discharged, demoted,

20 suspended, threatened, harassed, or in any manner

21 discriminated against because of lawful acts done by

22 the employee or official as a result of a violation of

23 this section or because of actions by the employee on

24 behalf of himself or herself or others in furtherance

25 of a prosecution under this section (including inves-
339

•S 1356 IS

1 tigation for, initiation of, testimony for, or assist2 ance in such a prosecution) may bring a civil action

3 and obtain all relief necessary to make the employee

4 or official whole, including—

5 ‘‘(i) reinstatement with the same seniority

6 status that the employee or official would have

7 had but for the violation;

8 ‘‘(ii) 3 times the amount of backpay;

9 ‘‘(iii) interest on the backpay; and

10 ‘‘(iv) compensation for any special dam11 ages sustained as a result of the violation, in12 cluding reasonable litigation costs and reason13 able attorney’s fees.

14 ‘‘(B) An employee or official shall not be af15 forded relief under subparagraph (A) if the employee

16 or official participated in the violation of this section

17 with respect to which relief is sought.

18 ‘‘(C)(i) A civil action or proceeding authorized

19 by this paragraph shall be stayed by a court upon

20 certification of an attorney for the Government that

21 prosecution of the action or proceeding may ad22 versely affect the interests of the Government in a

23 pending criminal investigation or proceeding.
340

•S 1356 IS

1 ‘‘(ii) The attorney for the Government shall

2 promptly notify the court when a stay may be lifted

3 without such adverse effects.

4 ‘‘(d) DEFINITIONS.—In this section—

5 ‘‘ ‘official’ includes—

6 ‘‘(A) any person employed by, exercising

7 any authority derived from, or holding any posi8 tion in the government of a State or any sub9 division of the executive, legislative, judicial, or

10 other branch of government thereof, including a

11 department, independent establishment, com12 mission, administration, authority, board, and

13 bureau, and a corporation or other legal entity

14 established and subject to control by a govern15 ment or governments for the execution of a gov16 ernmental or intergovernmental program;

17 ‘‘(B) any person acting or pretending to

18 act under color of official authority; and

19 ‘‘(C) any person who has been nominated,

20 appointed, or selected to be an official or who

21 has been officially informed that he or she will

22 be so nominated, appointed, or selected.

23 ‘‘ ‘person acting or pretending to act under

24 color of official authority’ includes a person who rep25 resents that he or she controls, is an agent of, or
341

•S 1356 IS

1 otherwise acts on behalf of an official, public official,

2 and person who has been selected to be a public offi3 cial.

4 ‘‘ ‘public official’ and ‘person who has been se5 lected to be a public official’ have the meanings stat6 ed in section 201 and also include any person acting

7 or pretending to act under color of official authority.

8 ‘‘ ‘State’ means a State of the United States,

9 the District of Columbia, Puerto Rico, and any other

10 commonwealth, territory, or possession of the United

11 States.

12 ‘‘ ‘uses any facility of interstate or foreign com13 merce’ includes the intrastate use of any facility that

14 may also be used in interstate or foreign com15 merce.’’.

16 (b) TECHNICAL AMENDMENTS.—(1) The chapter

17 analysis for chapter 11 of title 18, United States Code,

18 is amended by adding at the end the following new item:

‘‘226. Public corruption.’’.

19 (2) Section 1961(1) of title 18, United States Code,

20 is amended by inserting ‘‘section 226 (relating to public

21 corruption),’’ after ‘‘section 224 (relating to sports brib22 ery),’’.

23 (3) Section 2516(1)(c) of title 18, United States

24 Code, is amended by inserting ‘‘section 226 (relating to
342

•S 1356 IS

1 public corruption),’’ after ‘‘section 224 (bribery in sport2 ing contests),’’.

3 SEC. 1203. INTERSTATE COMMERCE.

4 (a) IN GENERAL.—Section 1343 of title 18, United

5 States Code, is amended—

6 (1) by striking ‘‘transmits or causes to be

7 transmitted by means of wire, radio, or television

8 communication in interstate or foreign commerce,

9 any writings, signs, signals, pictures, or sounds’’ and

10 inserting ‘‘uses or causes to be used any facility of

11 interstate or foreign commerce’’; and

12 (2) by inserting ‘‘or attempting to do so’’ after

13 ‘‘for the purpose of executing such scheme or

14 artifice’’.

15 (b) TECHNICAL AMENDMENTS.—(1) The heading of

16 section 1343 of title 18, United States Code, is amended

17 to read as follows:

18 ‘‘§ 1343. Fraud by use of facility of interstate com19 merce’’

20 (2) The chapter analysis for chapter 63 of title 18,

21 United States Code, is amended by amending the item re22 lating to section 1343 to read as follows:

‘‘1343. Fraud by use of facility of interstate commerce.’’.
343

•S 1356 IS

1 SEC. 1204. NARCOTICS-RELATED PUBLIC CORRUPTION.

2 (a) OFFENSES.—Chapter 11 of title 18, United

3 States Code, is amended by inserting after section 219 the

4 following new section:

5 ‘‘§ 220. Narcotics and public corruption

6 ‘‘(a) OFFENSE BY PUBLIC OFFICIAL.—A public offi7 cial who, in a circumstance described in subsection (c),

8 directly or indirectly, corruptly demands, seeks, receives,

9 accepts, or agrees to receive or accept anything of value

10 personally or for any other person in return for—

11 ‘‘(1) being influenced in the performance or

12 nonperformance of any official act; or

13 ‘‘(2) being influenced to commit or to aid in

14 committing, or to collude in, or to allow or make op15 portunity for the commission of any offense against

16 the United States or any State,

17 shall be guilty of a class B felony.

18 ‘‘(b) OFFENSE BY PERSON OTHER THAN A PUBLIC

19 OFFICIAL.—A person who, in a circumstance described in

20 subsection (c), directly or indirectly, corruptly gives, of21 fers, or promises anything of value to any public official,

22 or offers or promises any public official to give anything

23 of value to any other person, with intent—

24 ‘‘(1) to influence any official act;

25 ‘‘(2) to influence the public official to commit

26 or aid in committing, or to collude in, or to allow or
344

•S 1356 IS

1 make opportunity for the commission of any offense

2 against the United States or any State; or

3 ‘‘(3) to influence the public official to do or to

4 omit to do any act in violation of the official’s lawful

5 duty,

6 shall be guilty of a class B felony.

7 ‘‘(c) CIRCUMSTANCES IN WHICH OFFENSE OC8 CURS.—The circumstances referred to in subsections (a)

9 and (b) are that the offense involves, is part of, or is in10 tended to further or to conceal the illegal possession, im11 portation, manufacture, transportation, or distribution of

12 any controlled substance or controlled substance analogue.

13 ‘‘(d) DEFINITIONS.—In this section—

14 ‘‘ ‘controlled substance’ and ‘controlled sub15 stance analogue’ have the meanings stated in section

16 102 of the Controlled Substances Act (21 U.S.C.

17 802).

18 ‘‘ ‘official act’ means any decision, action, or

19 conduct regarding any question, matter, proceeding,

20 cause, suit, investigation, or prosecution which may

21 at any time be pending, or which may be brought

22 before any public official, in such official’s official

23 capacity, or in such official’s place of trust or profit.

24 ‘‘ ‘public official’ means—
345

•S 1356 IS

1 ‘‘(A) an officer or employee or person act2 ing for or on behalf of the United States, or

3 any department, agency, or branch of Govern4 ment thereof in any official function, under or

5 by authority of any such department, agency, or

6 branch of Government;

7 ‘‘(B) a juror;

8 ‘‘(C) an officer or employee or person act9 ing for or on behalf of the government of any

10 State, territory, or possession of the United

11 States (including the District of Columbia), or

12 any political subdivision thereof, in any official

13 function, under or by the authority of any such

14 State, territory, possession, or political subdivi15 sion; and

16 ‘‘(D) any person who has been nominated

17 or appointed to a position described in subpara18 graph (A), (B), or (C), or has been officially in19 formed that he or she will be so nominated or

20 appointed.’’.

21 (b) TECHNICAL AMENDMENTS.—(1) Section 1961(1)

22 of title 18, United States Code, is amended by inserting

23 ‘‘section 220 (relating to narcotics and public corrup24 tion),’’ after ‘‘Section 201 (relating to bribery),’’.
346

•S 1356 IS

1 (2) Section 2516(1)(c) of title 18, United States

2 Code, is amended by inserting ‘‘section 220 (relating to

3 narcotics and public corruption),’’ after ‘‘section 201

4 (bribery of public officials and witnesses),’’.

5 (3) The chapter analysis for chapter 11 of title 18,

6 United States Code, is amended by inserting after the

7 item for section 219 the following new item:

‘‘220. Narcotics and public corruption.’’.

8 TITLE XIII—FUNDING

9 SEC. 1301. REDUCTION IN OVERHEAD COSTS INCURRED IN

10 FEDERALLY SPONSORED RESEARCH.

11 (a) CBO SCORING.—The Congressional Budget Of12 fice estimates that the reduction in overhead payments for

13 federally funded university research required by this sec14 tion will produce savings of $1,540,000,000 over 5 years

15 ($150,000,000 for fiscal year 1994, $310,000,000 for fis16 cal year 1995, $350,000,000 for fiscal year 1996,

17 $360,000,000 for fiscal year 1997, and $370,000,000 for

18 fiscal year 1998).

19 (b) LIMITATION.—Notwithstanding any other law, on

20 and after the date of the enactment of this Act, each head

21 of a Federal agency making a grant to, or entering into

22 a contract with, an institution of higher education for re23 search and development, shall reduce the overhead pay24 ment rate under the grant or contract to 90 percent of
347

•S 1356 IS

1 the current level and return the amount saved to the gen2 eral fund of the Treasury.

3 (c) DEFINITIONS.—In this section—

4 ‘‘institution of higher education’’ has the mean5 ing stated in section 1201(a) of the Higher Edu6 cation Act of 1965 (20 U.S.C. 1141(a)).

7 ‘‘Federal agency’’ means a department, agency,

8 or instrumentality of the Federal Government (in9 cluding an executive agency (as defined in section

10 105 of title 5, United States Code)).

11 SEC. 1302. OVERHEAD EXPENSE REDUCTION.

12 (a) CBO SCORING.—The Congressional Budget Of13 fice estimates that the reduction in administrative costs

14 required by this section will produce savings of

15 $6,000,000,000 over 5 years ($1,200,000,000 in each of

16 fiscal years 1994, 1995, 1996, 1997, and 1998).

17 (b) REDUCTION.—The overhead expenses identified

18 and reduced by the President in Executive Order 12837

19 are hereby reduced by an additional 5 percent. The reduc20 tion required by this section shall be taken from the total

21 of such expenses before the reduction by the President.
348

•S 1356 IS

1 SEC. 1303. FUNDING OF PROGRAMS AUTHORIZED BY THIS

2 ACT.

3 The amount of available budget authority resulting

4 from the enactment of sections 1301 and 1302 shall be

5 reallocated as follows:

6 (1) $800,000,000 ($100,000,000 for fiscal year

7 1994, $125,000,000 for fiscal year 1995,

8 $175,000,000 for fiscal year 1996, and

9 $200,000,000 for each of fiscal years 1997 and

10 1998) for the hiring of former members of the

11 Armed Forces as police officers as authorized by sec12 tion 102(d).

13 (2) $650,000,000 ($100,000,000 for fiscal

14 years 1994 and 1995 and $150,000,000 for each of

15 fiscal years 1996, 1997, and 1998) for cops on the

16 street grants as authorized by the amendment made

17 by section 112(c).

18 (3) $250,000,000 for the Police Corps

19 ($50,000,000 for fiscal year 1994 and $100,000,000

20 for each of fiscal years 1995 and 1996) as author21 ized by section 130.

22 (4) $300,000,000 ($60,000,000 for each of fis23 cal years 1994, 1995, 1996, 1997, and 1998) for

24 community policing grants as authorized by the

25 amendment made by section 141(c).
349

•S 1356 IS

1 (5) $100,000,000 for fiscal year 1994 for im2 proved police training and technical automation as

3 authorized by section 153.

4 (6) $2,000,000,000 for the construction of 10

5 new Federal prisons ($200,000,000 for fiscal year

6 1994, $400,000,000 for each of fiscal years 1995

7 and 1996, and $500,000,000 for each of fiscal years

8 1997 and 1998) as authorized by section 165.

9 (7) $1,000,000,000 for Federal grants for State

10 prison construction and operation ($200,000,000 for

11 each of fiscal years 1994, 1995, 1996, 1997, and

12 1998, with $100,000,000 of that available for con13 struction and $100,000,000 available for operation)

14 as authorized by section 177.

15 (8) $500,000,000 ($100,000,000 for each of

16 fiscal years 1994, 1995, 1996, 1997, and 1998) for

17 the hiring of former members of the Armed Forces

18 as teachers as authorized by section 202(e).

19 (9) $500,000,000 ($100,000,000 for each of

20 fiscal years 1994, 1995, 1996, 1997, and 1998) for

21 the Federal safe school districts as authorized by

22 section 203(d).

23 (10) $300,000,000 ($60,000,000 for each of

24 fiscal years 1994, 1995, 1996, 1997, and 1998) for
350

•S 1356 IS

1 the hiring of 1,000 additional Border Patrol agents

2 as authorized by section 321.

3 (11) $385,000,000 ($77,000,000 for each of

4 fiscal years 1994, 1995, 1996, 1997, and 1998) for

5 the hiring of 1,000 additional Immigration and Nat6 uralization Service criminal investigators as author7 ized by section 322.

8 (12) $13,000,000 ($5,000,000 for fiscal year

9 1994 and $2,000,000 for each of fiscal years 1995,

10 1996, 1997, and 1998) for the operation of the

11 criminal alien tracking center as authorized by sec12 tion 323.

13 (13) $100,000,000 to hire Assistant United

14 States Attorneys to prosecute gang activity

15 ($20,000,000 for each of fiscal years 1994, 1995,

16 1996, 1997, and 1998) as authorized by section

17 431.

18 (14) $1,000,000 for fiscal year 1994 for gang

19 investigation coordination and information collection

20 as authorized by section 432(d).

21 (15) $250,000,000 ($50,000,000 for each of

22 fiscal years 1994, 1995, 1996, 1997, and 1998) for

23 rural law enforcement as authorized by the amend24 ment made by section 501.
351

•S 1356 IS

1 (16) $5,000,000 ($1,000,000 for each of fiscal

2 years 1994, 1995, 1996, 1997, and 1998) for rural

3 drug enforcement training as authorized by section

4 504(b).

5 (17) $110,000,000 ($25,000,000 for each of

6 fiscal years 1994 and 1995 and $20,000,000 for

7 each of fiscal years 1996, 1997, and 1998) for rural

8 drug prevention and treatment as authorized by sec9 tion 511(h).

10 (18) $100,000,000 ($20,000,000 for each of

11 fiscal years 1994, 1995, 1996, 1997, and 1998) for

12 the hiring of additional Drug Enforcement Adminis13 tration agents as authorized by section 551.

14 (19) $120,000,000 ($60,000,000 for each of

15 fiscal years 1994 and 1995) for the prevention of

16 terrorism as authorized by section 811.

17 (20) $40,000,000 ($20,000,000 for fiscal year

18 1994 and $10,000,000 for each of fiscal years 1995

19 and 1996) to fund improvement of child abuse crime

20 information as authorized by section 916(b)(2).

21 (21) $1,000,000 for fiscal year 1994 to fund

22 the National Commission to Support Law Enforce23 ment as authorized by section 1030.

Æ

S 1356 IS——2
352

•S 1356 IS

S 1356 IS——3

S 1356 IS——4

S 1356 IS——5

S 1356 IS——6

S 1356 IS——7

S 1356 IS——8

S 1356 IS——9

S 1356 IS——10

S 1356 IS——11

S 1356 IS——12

S 1356 IS——13

S 1356 IS——14

S 1356 IS——15

S 1356 IS——16

S 1356 IS——17

S 1356 IS——18

S 1356 IS——19

S 1356 IS——20

S 1356 IS——21

S 1356 IS——22

S 1356 IS——23