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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1607 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 260

103d CONGRESS

  1st Session

                                S. 1607

_______________________________________________________________________

                                 A BILL

                     To control and prevent crime.

_______________________________________________________________________

             November 1 (legislative day, October 13), 1993

                          Read the first time

                            November 1, 1993

            Read the second time and placed on the calendar

                                                       Calendar No. 260
103d CONGRESS
  1st Session
                                S. 1607

                     To control and prevent crime.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

             November 1 (legislative day, October 13), 1993

 Mr. Biden introduced the following bill; which was read the first time

                            November 1, 1993

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL

 
                     To control and prevent crime.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Violent Crime Control and Law 
Enforcement Act of 1993''.

SEC. 2. TABLE OF CONTENTS.

    The following is the table of contents for this Act:

Sec. 1. Short title.
Sec. 2. Table of contents.

                  TITLE I--PUBLIC SAFETY AND POLICING

Sec. 101. Short title.
Sec. 102. Findings and purposes.
Sec. 103. Community policing; ``Cops on the Beat''.
                        TITLE II--DEATH PENALTY

Sec. 201. Short title.
Sec. 202. Constitutional procedures for the imposition of the sentence 
                            of death.
Sec. 203. Specific offenses for which death penalty is authorized.
Sec. 204. Applicability to Uniform Code of Military Justice.
Sec. 205. Death penalty for murder by a Federal prisoner.
Sec. 206. Death penalty for civil rights murders.
Sec. 207. Death penalty for the murder of Federal law enforcement 
                            officials.
Sec. 208. New offense for the indiscriminate use of weapons to further 
                            drug conspiracies.
Sec. 209. Foreign murder of United States nationals.
Sec. 210. Death penalty for rape and child molestation murders.
Sec. 211. Death penalty for sexual exploitation of children.
Sec. 212. Murder by escaped prisoners.
Sec. 213. Death penalty for gun murders during Federal crimes of 
                            violence and drug trafficking crimes.
Sec. 214. Homicides and attempted homicides involving firearms in 
                            Federal facilities.
Sec. 215. Murder in course of alien smuggling.
                    TITLE III--HABEAS CORPUS REFORM

Sec. 301. Short title.
Sec. 302. Filing deadlines.
Sec. 303. Stays of execution in capital cases.
Sec. 304. Limits on new rules; standard of review.
Sec. 305. Limits on successive petitions.
Sec. 306. New evidence.
Sec. 307. Certificates of probable cause.
Sec. 308. Provision of counsel.
Sec. 309. Capital litigation funding.
Sec. 310. Certification of compliance.
Sec. 311. Effective date.
                     TITLE IV--GUN CRIME PENALTIES

Sec. 401. Enhanced penalty for use of a semiautomatic firearm during a 
                            crime of violence or a drug trafficking 
                            crime.
Sec. 402. Enhanced penalty for second offense of using an explosive to 
                            commit a felony.
Sec. 403. Smuggling firearms in aid of drug trafficking.
Sec. 404. Theft of firearms and explosives.
Sec. 405. Revocation of supervised release.
Sec. 406. Revocation of probation.
Sec. 407. Increased penalty for knowingly making false, material 
                            statement in connection with the 
                            acquisition of a firearm from a licensed 
                            dealer.
Sec. 408. Possession of explosives by felons and others.
Sec. 409. Summary destruction of explosives subject to forfeiture.
Sec. 410. Elimination of outmoded language relating to parole.
Sec. 411. Prohibition against transactions involving stolen firearms 
                            which have moved in interstate or foreign 
                            commerce.
Sec. 412. Using a firearm in the commission of counterfeiting or 
                            forgery.
Sec. 413. Enhanced penalties for firearms possession by violent felons 
                            and serious drug offenders.
Sec. 414. Receipt of firearms by nonresident.
Sec. 415. Firearms and explosives conspiracy.
Sec. 416. Study of incendiary ammunition; report to Congress.
Sec. 417. Theft of firearms or explosives from licensee.
Sec. 418. Disposing of explosives to prohibited persons.
Sec. 419. Clarification of ``burglary'' under the armed career criminal 
                            statute.
Sec. 420. Increased penalty for interstate gun trafficking.
                    TITLE V--OBSTRUCTION OF JUSTICE

Sec. 501. Protection of court officers and jurors.
Sec. 502. Prohibition of retaliatory killings of witnesses, victims and 
                            informants.
Sec. 503. Protection of jurors and witnesses in capital cases.
Sec. 504. Death penalty for the murder of State officials assisting 
                            Federal law enforcement officials.
Sec. 505. Death penalty for murder of Federal witnesses.
                        TITLE VI--YOUTH VIOLENCE

   Subtitle A--Increased Penalties for Drug Trafficking and Criminal 
                              Street Gangs

Sec. 601. Strengthening Federal penalties for employing children to 
                            distribute drugs.
Sec. 602. Commencement of juvenile proceeding.
Sec. 603. Criminal street gangs.
    Subtitle B--Juvenile Drug Trafficking and Gang Prevention Grants

Sec. 611. Grant program.
       Subtitle C--Bindover System for Certain Violent Juveniles

Sec. 621. Bindover system.
                          TITLE VII--TERRORISM

          Subtitle A--Maritime Navigation and Fixed Platforms

Sec. 701. Offenses of violence against maritime navigation or fixed 
                            platforms.
Sec. 702. Technical amendment.
Sec. 703. Effective dates.
                     Subtitle B--General Provisions

Sec. 711. Weapons of mass destruction.
Sec. 712. Enhanced penalties for certain offenses.
Sec. 713. Territorial sea extending to twelve miles included in special 
                            maritime and territorial jurisdiction.
Sec. 714. Assimilated crimes in extended territorial sea.
Sec. 715. Jurisdiction over crimes against United States nationals on 
                            certain foreign ships.
Sec. 716. Torture.
Sec. 717. Extension of the statute of limitations for certain terrorism 
                            offenses.
Sec. 718. FBI access to telephone subscriber information.
Sec. 719. Violence at airports serving international civil aviation.
Sec. 720. Preventing acts of terrorism against civilian aviation.
Sec. 721. Counterfeiting United States currency abroad.
Sec. 722. Economic terrorism task force.
Sec. 723. Terrorist Death Penalty Act.
Sec. 724. Sentencing guidelines increase for terrorist crimes.
Sec. 725. Alien witness cooperation.
Sec. 726. Providing material support to terrorists.
              TITLE VIII--SEXUAL VIOLENCE AND CHILD ABUSE

                        Subtitle A--Sexual Abuse

Sec. 801. Sexual abuse amendments.
                      Subtitle B--Child Protection

Sec. 811. Short title.
Sec. 812. Purposes.
Sec. 813. Definitions.
Sec. 814. Reporting by the States.
Sec. 815. Background checks.
Sec. 816. Funding for improvement of child abuse crime information.
                  Subtitle C--Crimes Against Children

Sec. 821. Short title.
Sec. 822. Establishment of program.
Sec. 823. State compliance.
                        TITLE IX--CRIME VICTIMS

                      Subtitle A--Victims' Rights

Sec. 901. Victim's right of allocution in sentencing.
Sec. 902. Mandatory restitution and other provisions.
                    Subtitle B--Crime Victims' Fund

Sec. 911. Amounts of funds for costs and grants.
Sec. 912. Relationship of crime victim compensation to certain Federal 
                            programs.
Sec. 913. Administrative costs for crime victim compensation.
Sec. 914. Use of unspent 1402(d)(2) money.
Sec. 915. Grants for demonstration projects.
Sec. 916. Administrative costs for crime victim assistance.
Sec. 917. Maintenance of effort.
                TITLE X--STATE AND LOCAL LAW ENFORCEMENT

                     Subtitle A--DNA Identification

Sec. 1001. Short title.
Sec. 1002. Funding to improve the quality and availability of DNA 
                            analyses for law enforcement identification 
                            purposes.
Sec. 1003. Quality assurance and proficiency testing standards.
Sec. 1004. Index to facilitate law enforcement exchange of DNA 
                            identification information.
Sec. 1005. Federal Bureau of Investigation.
Sec. 1006. Authorization of appropriations.
 Subtitle B--Department of Justice Community Substance Abuse Prevention

Sec. 1011. Short title.
Sec. 1012. Community partnerships.
            Subtitle C--Racial and Ethnic Bias Study Grants

Sec. 1021. Study grants.
            TITLE XI--PROVISIONS RELATING TO POLICE OFFICERS

               Subtitle A--Law Enforcement Family Support

Sec. 1101. Law enforcement family support.
                 Subtitle B--Police Pattern or Practice

Sec. 1111. Cause of action.
Sec. 1112. Data on use of excessive force.
  Subtitle C--Police Corps and Law Enforcement Officers Training and 
                               Education

                        Chapter 1--Police Corps

Sec. 1121. Short title.
Sec. 1122. Purposes.
Sec. 1123. Definitions.
Sec. 1124. Establishment of Office of the Police Corps and Law 
                            Enforcement Education.
Sec. 1125. Designation of lead agency and submission of State plan.
Sec. 1126. Scholarship assistance.
Sec. 1127. Selection of participants.
Sec. 1128. Police Corps training.
Sec. 1129. Service obligation.
Sec. 1130. State plan requirements.
Sec. 1131. Assistance to States and localities employing Police Corps 
                            officers.
Sec. 1132. Authorization of appropriations.
Sec. 1133. Reports to Congress.
             Chapter 2--Law Enforcement Scholarship Program

Sec. 1141. Short title.
Sec. 1142. Definitions.
Sec. 1143. Allotment.
Sec. 1144. Establishment of program.
Sec. 1145. Scholarships.
Sec. 1146. Eligibility.
Sec. 1147. State application.
Sec. 1148. Local application.
Sec. 1149. Scholarship agreement.
Sec. 1150. Authorization of appropriations.
                     TITLE XII--DRUG COURT PROGRAMS

Sec. 1201. Coordinated administration of programs.
Sec. 1202. Drug testing upon arrest.
Sec. 1203. Certainty of punishment for young offenders.
Sec. 1204. Residential substance abuse treatment for prisoners.
                          TITLE XIII--PRISONS

                      Subtitle A--Federal Prisons

Sec. 1301. Prisoner's place of imprisonment.
Sec. 1302. Prison impact assessments.
Sec. 1303. Federal prisoner drug testing.
Sec. 1304. Drug treatment in Federal prisons.
                       Subtitle B--State Prisons

Sec. 1321. Boot camps and regional prisons for violent drug offenders.
Sec. 1322. National Institute of Justice study.
Sec. 1323. Study and assessment of alcohol use and treatment.
Sec. 1324. Notification of release of prisoners.
Sec. 1325. Application to prisoners to which prior law applies.
                         TITLE XIV--RURAL CRIME

          Subtitle A--Fighting Drug Trafficking in Rural Areas

Sec. 1401. Authorizations for rural law enforcement agencies.
Sec. 1402. Rural drug enforcement task forces.
Sec. 1403. Cross-designation of Federal officers.
Sec. 1404. Rural drug enforcement training.
        Subtitle B--Drug Free Truck Stops and Safety Rest Areas

Sec. 1411. Drug free truck stops and safety rest areas.
                         TITLE XV--DRUG CONTROL

                    Subtitle A--Increased Penalties

Sec. 1501. Enhancement of penalties for drug trafficking in prisons.
Sec. 1502. Closing of loophole for illegal importation of small drug 
                            quantities.
Sec. 1503. Penalties for drug dealing in public housing authority 
                            facilities.
Sec. 1504. Anabolic steroids penalties.
Sec. 1505. Increased penalties for drug-dealing in ``drug-free'' zones.
Sec. 1506. Enhanced penalties for illegal drug use in Federal prisons.
                  Subtitle B--Precursor Chemicals Act

Sec. 1511. Short title.
Sec. 1512. Definition amendments.
Sec. 1513. Registration requirements.
Sec. 1514. Reporting of listed chemical manufacturing.
Sec. 1515. Reports by brokers and traders; criminal penalties.
Sec. 1516. Exemption authority; additional penalties.
Sec. 1517. Amendments to list I.
Sec. 1518. Elimination of regular supplier status and creation of 
                            regular importer status.
Sec. 1519. Administrative inspections and authority.
Sec. 1520. Threshold amounts.
Sec. 1521. Management of listed chemicals.
Sec. 1522. Forfeiture expansion.
Sec. 1523. Regulations and effective date.
                     Subtitle C--General Provisions

Sec. 1531. Clarification of narcotic or other dangerous drugs under 
                            RICO.
Sec. 1532. Conforming amendments to recidivist penalty provisions of 
                            the Controlled Substances Act and the 
                            Controlled Substances Import and Export 
                            Act.
Sec. 1533. Program to provide public awareness of the provision of 
                            Public Law 101-516 that conditions portions 
                            of a State's Federal highway funding on the 
                            State's enactment of legislation requiring 
                            the revocation of the driver's licenses of 
                            convicted drug abusers.
Sec. 1534. Advertising.
Sec. 1535. National drug control strategy.
Sec. 1536. Notification of law enforcement officers of discoveries of 
                            controlled substances or large sums of cash 
                            in excess of $10,000 in weapon screening.
                  TITLE XVI--DRUNK DRIVING PROVISIONS

Sec. 1601. Short title.
Sec. 1602. State laws applied in areas of Federal jurisdiction.
Sec. 1603. Sense of Congress concerning child custody and visitation 
                            rights.
                        TITLE XVII--COMMISSIONS

              Subtitle A--Commission on Crime and Violence

Sec. 1701. Establishment of Commission on Crime and Violence.
Sec. 1702. Purpose.
Sec. 1703. Responsibilities of the Commission.
 Subtitle B--National Commission to Study the Causes of the Demand for 
                       Drugs in the United States

Sec. 1711. Short title.
Sec. 1712. Establishment.
Sec. 1713. Duties.
Sec. 1714. Membership.
Sec. 1715. Staff and support services.
Sec. 1716. Powers of Commission.
Sec. 1717. Reports.
Sec. 1718. Termination.
       Subtitle C--National Commission to Support Law Enforcement

Sec. 1721. Short title.
Sec. 1722. Congressional findings.
Sec. 1723. Establishment.
Sec. 1724. Duties.
Sec. 1725. Membership.
Sec. 1726. Experts and consultants.
Sec. 1727. Powers of Commission.
Sec. 1728. Report.
Sec. 1729. Termination.
Sec. 1730. Repeals.
                  TITLE XVIII--BAIL POSTING REPORTING

Sec. 1801. Short title.
Sec. 1802. Required reporting by criminal court clerks.
               TITLE XIX--MOTOR VEHICLE THEFT PREVENTION

Sec. 1901. Short title.
Sec. 1902. Motor vehicle theft prevention program.
Sec. 1903. Altering or removing motor vehicle identification numbers.
                 TITLE XX--PROTECTIONS FOR THE ELDERLY

Sec. 2001. Missing Alzheimer's disease patient alert program.
Sec. 2002. Crimes against the elderly.
                     TITLE XXI--CONSUMER PROTECTION

Sec. 2101. Crimes by or affecting persons engaged in the business of 
                            insurance whose activities affect 
                            interstate commerce.
Sec. 2102. Consumer Protection Against Credit Card Fraud Act of 1993.
Sec. 2103. Mail fraud.
          TITLE XXII--FINANCIAL INSTITUTION FRAUD PROSECUTIONS

Sec. 2201. Short title.
Sec. 2202. Federal Deposit Insurance Act amendment.
Sec. 2203. Federal Credit Union Act amendments.
Sec. 2204. Crime Control Act amendment.
          TITLE XXIII--SAVINGS AND LOAN PROSECUTION TASK FORCE

Sec. 2301. Savings and loan prosecution task force.
                   TITLE XXIV--SENTENCING PROVISIONS

Sec. 2401. Imposition of sentence.
Sec. 2402. Technical amendment to mandatory conditions of probation.
Sec. 2403. Supervised release after imprisonment.
            TITLE XXV--SENTENCING AND MAGISTRATES AMENDMENTS

Sec. 2501. Authorization of probation for petty offenses in certain 
                            cases.
Sec. 2502. Trial by a magistrate in petty offense cases.
                       TITLE XXVI--COMPUTER CRIME

Sec. 2601. Computer Abuse Amendments Act of 1993.
             TITLE XXVII--INTERNATIONAL PARENTAL KIDNAPPING

Sec. 2701. Short title.
Sec. 2702. Title 18 amendment.
Sec. 2703. State court programs regarding interstate and international 
                            parental child abduction.
                       TITLE XXVIII--SAFE SCHOOLS

Sec. 2801. Short title.
Sec. 2802. Safe schools.
                       TITLE XXIX--MISCELLANEOUS

                   Subtitle A--Increases in Penalties

Sec. 2901. Increased penalties for assault.
Sec. 2902. Increased penalties for manslaughter.
Sec. 2903. Increased penalties for civil rights violations.
Sec. 2904. Increased penalties for trafficking in counterfeit goods and 
                            services.
Sec. 2905. Increased penalty for conspiracy to commit murder for hire.
Sec. 2906. Increased penalties for travel act violations.
      Subtitle B--Extension of Protection of Civil Rights Statutes

Sec. 2911. Extension of protection of civil rights statutes.
                      Subtitle C--Audit and Report

Sec. 2921. Audit requirement for State and local law enforcement 
                            agencies receiving Federal asset forfeiture 
                            funds.
Sec. 2922. Report to Congress on administrative and contracting 
                            expenses.
                          Subtitle D--Gambling

Sec. 2931. Criminal history record information for the enforcement of 
                            laws relating to gaming.
Sec. 2932. Clarifying amendment regarding scope of prohibition against 
                            gambling on ships in international waters.
               Subtitle E--White Collar Crime Amendments

Sec. 2941. Receiving the proceeds of extortion or kidnapping.
Sec. 2942. Receiving the proceeds of a postal robbery.
Sec. 2943. Conforming addition to obstruction of civil investigative 
                            demand statute.
Sec. 2944. Conforming addition of predicate offenses to financial 
                            institutions rewards statute.
Sec. 2945. Definition of savings and loan association in bank robbery 
                            statute.
Sec. 2946. Conforming definition of ``1-year period'' in 18 U.S.C. 
                            1516.
              Subtitle F--Safer Streets and Neighborhoods

Sec. 2951. Short title.
Sec. 2952. Limitation on grant distribution.
                      Subtitle G--Other Provisions

Sec. 2961. Optional venue for espionage and related offenses.
Sec. 2962. Undercover operations.
Sec. 2963. Undercover operations--churning.
Sec. 2964. Report on battered women's syndrome.
Sec. 2965. Wiretaps.
Sec. 2966. Theft of major artwork.
Sec. 2967. Balance in the criminal justice system.
Sec. 2968. Misuse of initials ``DEA''.
Sec. 2969. Addition of attempted robbery, kidnapping, smuggling, and 
                            property damage offenses to eliminate 
                            inconsistencies and gaps in coverage.
Sec. 2970. Definition of livestock.
Sec. 2971. Extension of statute of limitations for arson.
                    TITLE XXX--TECHNICAL CORRECTIONS

Sec. 3001. Amendments relating to Federal financial assistance for law 
                            enforcement.
Sec. 3002. General title 18 corrections.
Sec. 3003. Corrections of erroneous cross references and 
                            misdesignations.
Sec. 3004. Repeal of obsolete provisions in title 18.
Sec. 3005. Correction of drafting error in the Foreign Corrupt 
                            Practices Act.
Sec. 3006. Elimination of redundant penalty provision in 18 U.S.C. 
                            1116.
Sec. 3007. Elimination of redundant penalty.
Sec. 3008. Corrections of misspellings and grammatical errors.
Sec. 3009. Other technical amendments.
Sec. 3010. Corrections of errors found during codification.
Sec. 3011. Problems related to execution of prior amendments.
Sec. 3012. Amendments to section 1956 of title 18 to eliminate 
                            duplicate predicate crimes.
Sec. 3013. Amendments to part V of title 18.

                  TITLE I--PUBLIC SAFETY AND POLICING

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Public Safety Partnership and 
Community Policing Act of 1993''.

SEC. 102. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
            (1) according to data compiled by the Federal Bureau of 
        Investigation, in 1961, there was approximately 1 reported 
        violent crime per city police officer, but while from 1961 to 
        1991 there was no substantial increase in United States cities' 
        police employment rate, during the same period the number of 
        reported violent crimes per city police officer rose to 
        approximately 4.6 per officer;
            (2) National Crime Survey figures indicate that nearly 
        5,000,000 households in the United States had at least 1 member 
        who had been a victim of violent crime during 1991;
            (3) these victims of violence experienced more than 
        6,400,000 crimes of which about one-half were reported to law 
        enforcement authorities;
            (4) community-oriented policing (``cops on the beat'') 
        enhances communication and cooperation between law enforcement 
        and members of the community;
            (5) such communication and cooperation between law 
        enforcement and members of the community significantly assists 
        in preventing and controlling crime and violence, thus 
        enhancing public safety; and
            (6) while increasing and maintaining police resources and 
        presence in the community are the long-term responsibility of 
        State and local governments, State and local law enforcement 
        agencies are in need of immediate assistance to begin the 
        process of rehiring officers who have been laid off for 
        budgetary reasons and hiring new, additional officers to assist 
        in the implementation of community-oriented policing.
    (b) Purposes.--The purposes of this title are to--
            (1) substantially increase the number of law enforcement 
        officers interacting directly with members of the community 
        (``cops on the beat'');
            (2) provide additional and more effective training to law 
        enforcement officers to enhance their problem solving, service, 
        and other skills needed in interacting with members of the 
        community;
            (3) encourage the development and implementation of 
        innovative programs to permit members of the community to 
        assist State and local law enforcement agencies in the 
        prevention of crime in the community; and
            (4) encourage the development of new technologies to assist 
        State and local law enforcement agencies in reorienting the 
        emphasis of their activities from reacting to crime to 
        preventing crime,
by establishing a program of grants and assistance in furtherance of 
these objectives, including the authorization for a period of 6 years 
of grants for the hiring and rehiring of additional career law 
enforcement officers.

SEC. 103. COMMUNITY POLICING; ``COPS ON THE BEAT''.

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

     ``PART Q--PUBLIC SAFETY AND CITY POLICING; `COPS ON THE BEAT'

``SEC. 1701. AUTHORITY TO MAKE PUBLIC SAFETY AND COMMUNITY POLICING 
              GRANTS.

    ``(a) Grant Authorization.--The Attorney General may make grants to 
units of State and local government, and to other public and private 
entities, to increase police presence, to expand and improve 
cooperative efforts between law enforcement agencies and members of the 
community to address crime and disorder problems, and otherwise to 
enhance public safety.
    ``(b) Rehiring and Hiring Grant Projects.--Grants made under 
subsection (a) may be used for programs, projects, and other activities 
to--
            ``(1) rehire law enforcement officers who have been laid 
        off as a result of State and local budget reductions for 
        deployment in community-oriented policing; and
            ``(2) hire new, additional career law enforcement officers 
        for deployment in community-oriented policing across the 
        Nation.
    ``(c) Additional Grant Projects.--Grants made under subsection (a) 
may include programs, projects, and other activities to--
            ``(1) increase the number of law enforcement officers 
        involved in activities that are focused on interaction with 
        members of the community on proactive crime control and 
        prevention by redeploying officers to such activities;
            ``(2) provide specialized training to law enforcement 
        officers to enhance their conflict resolution, mediation, 
        problem solving, service, and other skills needed to work in 
        partnership with members of the community;
            ``(3) increase police participation in multidisciplinary 
        early intervention teams;
            ``(4) develop new technologies to assist State and local 
        law enforcement agencies in reorienting the emphasis of their 
        activities from reacting to crime to preventing crime;
            ``(5) develop and implement innovative programs to permit 
        members of the community to assist State and local law 
        enforcement agencies in the prevention of crime in the 
        community;
            ``(6) establish innovative programs to reduce, and keep to 
        a minimum, the amount of time that law enforcement officers 
        must be away from the community while awaiting court 
        appearances;
            ``(7) establish and implement innovative programs to 
        increase and enhance proactive crime control and prevention 
        programs involving law enforcement officers and young persons 
        in the community; and
            ``(8) develop and establish new administrative and 
        managerial systems to facilitate the adoption of community-
        oriented policing as an organization-wide philosophy.
    ``(d) Preferential Consideration of Applications for Certain 
Grants.--In awarding grants under this part, the Attorney General may 
give preferential consideration to grants for hiring and rehiring 
additional career law enforcement officers that involve a non-Federal 
contribution exceeding the 25 percent minimum under subsection (h).
    ``(e) Technical Assistance.--(1) The Attorney General may provide 
technical assistance to units of State and local government, and to 
other public and private entities, in furtherance of the purposes of 
the Public Safety Partnership and Community Policing Act of 1993.
    ``(2) The technical assistance provided by the Attorney General may 
include the development of a flexible model that will define for State 
and local governments, and other public and private entities, 
definitions and strategies associated with community or problem-
oriented policing and methodologies for its implementation.
    ``(3) The technical assistance provided by the Attorney General may 
include the establishment and operation of training centers or 
facilities, either directly or by contracting or cooperative 
arrangements. The functions of the centers or facilities established 
under this paragraph may include instruction and seminars for police 
executives, managers, trainers and supervisors concerning community or 
problem-oriented policing and improvements in police-community 
interaction and cooperation that further the purposes of the Public 
Safety Partnership and Community Policing Act of 1993.
    ``(f) Utilization of Components.--The Attorney General may utilize 
any component or components of the Department of Justice in carrying 
out this part.
    ``(g) Minimum Amount.--Each qualifying State, together with 
grantees within the State, shall receive in each fiscal year pursuant 
to subsection (a) not less than 0.5 percent of the total amount 
appropriated in the fiscal year for grants pursuant to that subsection. 
In this subsection, `qualifying State' means any State which has 
submitted an application for a grant, or in which an eligible entity 
has submitted an application for a grant, which meets the requirements 
prescribed by the Attorney General and the conditions set out in this 
part.
    ``(h) Matching Funds.--The portion of the costs of a program, 
project, or activity provided by a grant under subsection (a) may not 
exceed 75 percent, unless the Attorney General waives, wholly or in 
part, the requirement under this subsection of a non-Federal 
contribution to the costs of a program, project, or activity. In 
relation to a grant for a period exceeding 1 year for hiring or 
rehiring career law enforcement officers, the Federal share shall 
decrease from year to year for up to 5 years, looking toward the 
continuation of the increased hiring level using State or local sources 
of funding following the conclusion of Federal support, as provided in 
an approved plan pursuant to section 1702(c)(8).
    ``(i) Allocation of Funds.--The funds available under this part 
shall be allocated as provided in section 1001(a)(11)(B).
    ``(j) Termination of Grants for Hiring Officers.--The authority 
under subsection (a) of this section to make grants for the hiring and 
rehiring of additional career law enforcement officers shall lapse at 
the conclusion of 6 years from the date of enactment of this part. 
Prior to the expiration of this grant authority, the Attorney General 
shall submit a report to Congress concerning the experience with and 
effects of such grants. The report may include any recommendations the 
Attorney General may have for amendments to this part and related 
provisions of law in light of the termination of the authority to make 
grants for the hiring and rehiring of additional career law enforcement 
officers.

``SEC. 1702. APPLICATIONS.

    ``(a) In General.--No grant may be made under this part unless an 
application has been submitted to, and approved by, the Attorney 
General.
    ``(b) Application.--An application for a grant under this part 
shall be submitted in such form, and contain such information, as the 
Attorney General may prescribe by regulation or guidelines.
    ``(c) Contents.--In accordance with the regulations or guidelines 
established by the Attorney General, each application for a grant under 
this part shall--
            ``(1) include a long-term strategy and detailed 
        implementation plan that reflects consultation with community 
        groups and appropriate private and public agencies and reflects 
        consideration of the statewide strategy under section 
        503(a)(1);
            ``(2) demonstrate a specific public safety need;
            ``(3) explain the locality's inability to address the need 
        without Federal assistance;
            ``(4) identify related governmental and community 
        initiatives which complement or will be coordinated with the 
        proposal;
            ``(5) certify that there has been appropriate coordination 
        with all affected agencies;
            ``(6) outline the initial and ongoing level of community 
        support for implementing the proposal including financial and 
        in-kind contributions or other tangible commitments;
            ``(7) specify plans for obtaining necessary support and 
        continuing the proposed program, project, or activity following 
        the conclusion of Federal support; and
            ``(8) if the application is for a grant for hiring or 
        rehiring additional career law enforcement officers--
                    ``(A) specify plans for the assumption by the 
                grantee of a progressively larger share of the cost in 
                the course of time, looking toward the continuation of 
                the increased hiring level using State or local sources 
                of funding following the conclusion of Federal support;
                    ``(B) assess the impact, if any, of the increase in 
                police resources on other components of the criminal 
                justice system; and
                    ``(C) explain how the grant will be utilized to 
                reorient the affected law enforcement agency's mission 
                toward community-oriented policing or enhance its 
                involvement in or commitment to community-oriented 
                policing.

``SEC. 1703. REVIEW OF APPLICATIONS BY STATE OFFICE.

    ``(a) In General.--Except as provided in subsection (c) or (d), an 
applicant for a grant under this part shall submit an application to 
the State office designated under section 507 in the State in which the 
applicant is located for initial review.
    ``(b) Initial Review of Application.--(1) The State office referred 
to in subsection (a) shall review applications for grants under this 
part submitted to it, based upon criteria specified by the Attorney 
General by regulation or guidelines.
    ``(2) Upon completion of the reviews required by paragraph (1), the 
State office referred to in subsection (a) shall determine which, if 
any, of the applications for grants under this part are most likely to 
be successful in achieving the purposes of the Public Safety 
Partnership and Community Policing Act of 1993.
    ``(3)(A) The State office referred to in subsection (a) shall list 
the applications for grants under this part in order of their 
likelihood of achieving the purposes of the Public Safety Partnership 
and Community Policing Act of 1993 and shall submit the list along with 
all grant applications and supporting materials received to the 
Attorney General.
    ``(B) In making the submission to the Attorney General required by 
subparagraph (A), the State office referred to in subsection (a) may 
recommend that a particular application or applications should receive 
special priority and provide supporting reasons for the recommendation.
    ``(c) Direct Application to the Attorney General by Certain 
Municipalities.--Notwithstanding subsection (a), municipalities the 
population of which exceeds 150,000 may submit an application for a 
grant under this part directly to the Attorney General. In this 
subsection, `municipalities the population of which exceeds 150,000' 
means units of local government or law enforcement agencies having 
jurisdiction over areas with populations exceeding 150,000, and 
consortia or associations that include one or more such units of local 
government or law enforcement agencies.
    ``(d) Direct Application to the Attorney General by Other 
Applicants.--Notwithstanding subsection (a), if a State chooses not to 
carry out the functions described in subsection (b), an applicant in 
the State may submit an application for a grant under this part 
directly to the Attorney General.

``SEC. 1704. RENEWAL OF GRANTS.

    ``(a) In General.--Except for grants made for hiring or rehiring 
additional career law enforcement officers, a grant under this part may 
be renewed for up to 2 additional years after the first fiscal year 
during which a recipient receives its initial grant, if the Attorney 
General determines that the funds made available to the recipient were 
used in a manner required under an approved application and if the 
recipient can demonstrate significant progress in achieving the 
objectives of the initial application.
    ``(b) Grants for Hiring.--Grants made for hiring or rehiring 
additional career law enforcement officers may be renewed for up to 5 
years, subject to the requirements of subsection (a), but 
notwithstanding the limitation in that subsection concerning the number 
of years for which grants may be renewed.
    ``(c) Multiyear Grants.--A grant for a period exceeding 1 year may 
be renewed as provided in this section, except that the total duration 
of such a grant including any renewals may not exceed 3 years, or 6 
years if it is a grant made for hiring or rehiring additional career 
law enforcement officers.

``SEC. 1705. LIMITATION ON USE OF FUNDS.

    ``(a) Nonsupplanting Requirement.--Funds made available under this 
part to State or local governments shall not be used to supplant State 
or local funds, but shall be used to increase the amount of funds that 
would, in the absence of Federal funds, be made available from State or 
local sources.
    ``(b) Administrative Costs.--No more than 5 percent of the funds 
available under this part may be used for the costs of States in 
carrying out the functions described in section 1703(b) or other 
administrative costs.
    ``(c) Non-Federal Costs.--State and local units of government may 
use assets received through the Assets Forfeiture equitable sharing 
program to cover the non-Federal portion of programs, projects, and 
activities funded under this part.
    ``(d) Hiring Costs.--Annual funding provided under this part for 
hiring or rehiring a career law enforcement officer may not exceed 
$50,000, unless the Attorney General grants a waiver from this 
limitation.

``SEC. 1706. PERFORMANCE EVALUATION.

    ``(a) Evaluation Components.--Each program, project, or activity 
funded under this part shall contain an evaluation component, developed 
pursuant to guidelines established by the Attorney General. The 
evaluations required by this subsection shall include outcome measures 
that can be used to determine the effectiveness of the funded programs, 
projects, and activities. Outcome measures may include crime and 
victimization indicators, quality of life measures, community 
perceptions, and police perceptions of their own work.
    ``(b) Periodic Review and Reports.--The Attorney General shall 
review the performance of each grant recipient under this part. The 
Attorney General may require a grant recipient to submit to the 
Attorney General the results of the evaluations required under 
subsection (a) and such other data and information as the Attorney 
General deems reasonably necessary to carry out the responsibilities 
under this subsection.

``SEC. 1707. REVOCATION OR SUSPENSION OF FUNDING.

    ``If the Attorney General determines, as a result of the reviews 
required by section 1706, or otherwise, that a grant recipient under 
this part is not in substantial compliance with the terms and 
requirements of an approved grant application submitted under section 
1702, the Attorney General may revoke or suspend funding of that grant, 
in whole or in part.

``SEC. 1708. ACCESS TO DOCUMENTS.

    ``(a) By the Attorney General.--The Attorney General shall have 
access for the purpose of audit and examination to any pertinent books, 
documents, papers, or records of a grant recipient under this part and 
to the pertinent books, documents, papers, or records of State and 
local governments, persons, businesses, and other entities that are 
involved in programs, projects, or activities for which assistance is 
provided under this part.
    ``(b) By the Comptroller General.--Subsection (a) shall apply with 
respect to audits and examinations conducted by the Comptroller General 
of the United States or by an authorized representative of the 
Comptroller General.

``SEC. 1709. GENERAL REGULATORY AUTHORITY.

    ``The Attorney General may promulgate regulations and guidelines to 
carry out this part.

``SEC. 1710. DEFINITION.

    ``In this part, `career law enforcement officer' means a person 
hired on a permanent basis who is authorized by law or by a State or 
local public agency to engage in or supervise the prevention, 
detection, or investigation of violations of criminal laws.''.
    (b) Technical Amendment.--The table of contents of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711, et 
seq.) is amended by striking the item relating to part Q and inserting 
the following:

   ``Part Q--Public Safety and Community Policing; `Cops on the Beat'

``Sec. 1701. Authority to make public safety and community policing 
                            grants.
``Sec. 1702. Applications.
``Sec. 1703. Review of applications by State office.
``Sec. 1704. Renewal of grants.
``Sec. 1705. Limitation on use of funds.
``Sec. 1706. Performance evaluation.
``Sec. 1707. Revocation or suspension of funding.
``Sec. 1708. Access to documents.
``Sec. 1709. General regulatory authority.
``Sec. 1710. Definition.
             ``Part R--Transition; Effective Date; Repealer

``Sec. 1801. Continuation of rules, authorities, and proceedings.''.
    (c) Authorization of Appropriations.--Section 1001(a) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793) 
is amended--
            (1) in paragraph (3) by striking ``and O'' and inserting 
        ``O, P, and Q''; and
            (2) by adding at the end the following new paragraph:
    ``(11)(A) There are authorized to be appropriated to carry out part 
Q, to remain available until expended--
            ``(i) $620,000,000 for fiscal year 1994;
            ``(ii) $1,040,000,000 for fiscal year 1995;
            ``(iii) $1,160,000,000 for fiscal year 1996;
            ``(iv) $1,225,000,000 for fiscal year 1997; and
            ``(v) $1,200,000,000 for fiscal year 1998.
            ``(B) Of funds available under part Q in any fiscal year, 
        up to 5 percent may be used for technical assistance under 
        section 1701(e) or for evaluations or studies carried out or 
        commissioned by the Attorney General in furtherance of the 
        purposes of part Q, and up to 5 percent may be used for the 
        costs of States in carrying out the functions described in 
        section 1703(b) or other administrative costs. Of the remaining 
        funds, 60 percent shall be allocated for grants pursuant to 
        applications submitted as provided in section 1703(a) or (d), 
        and 40 percent shall be allocated for grants pursuant to 
        applications submitted as provided in section 1703(c). Of the 
        funds available in relation to grants pursuant to applications 
        submitted as provided in section 1703(a) or (d), at least 85 
        percent shall be applied to grants for the purposes specified 
        in section 1701(b), and no more than 15 percent may be applied 
        to other grants in furtherance of the purposes of part Q. Of 
        the funds available in relation to grants pursuant to 
        applications submitted as provided in section 1703(c), at least 
        85 percent shall be applied to grants for the purposes 
        specified in section 1701(b), and no more than 15 percent may 
        be applied to other grants in furtherance of the purposes of 
        part Q.''.

                        TITLE II--DEATH PENALTY

SEC. 201. SHORT TITLE.

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

SEC. 202. CONSTITUTIONAL PROCEDURES FOR THE IMPOSITION OF THE SENTENCE 
              OF DEATH.

    (a) In General.--Part II of title 18, United States Code, is 
amended by inserting after chapter 227 the following new chapter:

                     ``CHAPTER 228--DEATH SENTENCE

``Sec.
``3591. Sentence of death.
``3592. Mitigating and aggravating 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. Special provisions for Indian country.
``Sec. 3591. Sentence of death
    ``A defendant who has been found guilty of--
            ``(1) an offense described in section 794 or section 2381;
            ``(2) an offense described in section 1751(c), if the 
        offense, as determined beyond a reasonable doubt at the hearing 
        under section 3593, constitutes an attempt to intentionally 
        kill the President of the United States and results in bodily 
        injury to the President or comes dangerously close to causing 
        the death of the President; or
            ``(3) any other offense for which a sentence of death is 
        provided, if the defendant, as determined beyond a reasonable 
        doubt at the hearing under section 3593--
                    ``(A) intentionally killed the victim;
                    ``(B) intentionally inflicted serious bodily injury 
                that resulted in the death of the victim;
                    ``(C) intentionally participated in an act, 
                contemplating that the life of a person would be taken 
                or intending that lethal force would be used in 
                connection with a person, other than one of the 
                participants in the offense, and the victim died as a 
                direct result of the act; or
                    ``(D) intentionally and specifically engaged in an 
                act, knowing that the act created a grave risk of death 
                to a person, other than one of the participants in the 
                offense, such that participation in the act constituted 
                a reckless disregard for human life and the victim died 
                as a direct result of the act,
shall be sentenced to death if, after consideration of the factors set 
forth in section 3592 in the course of a hearing held pursuant to 
section 3593, it is determined that imposition of a sentence of death 
is justified, except that no person may be sentenced to death who was 
less than 18 years of age at the time of the offense.
``Sec. 3592. Mitigating and aggravating factors to be considered in 
              determining whether a sentence of death is justified
    ``(a) Mitigating Factors.--In determining whether a sentence of 
death is to be imposed on a defendant, the finder of fact shall 
consider any mitigating factor, including the following:
            ``(1) Impaired capacity.--The defendant's capacity to 
        appreciate the wrongfulness of the defendant's conduct or to 
        conform conduct to the requirements of law was significantly 
        impaired, regardless of whether the capacity was so impaired as 
        to constitute a defense to the charge.
            ``(2) Duress.--The defendant was under unusual and 
        substantial duress, regardless of whether the duress was of 
        such a degree as to constitute a defense to the charge.
            ``(3) Minor participation.--The defendant is punishable as 
        a principal in the offense, which was committed by another, but 
        the defendant's participation was relatively minor, regardless 
        of whether the participation was so minor as to constitute a 
        defense to the charge.
            ``(4) Equally culpable defendants.--Another defendant or 
        defendants, equally culpable in the crime, will not be punished 
        by death.
            ``(5) No prior criminal record.--The defendant did not have 
        a significant prior history of other criminal conduct.
            ``(6) Disturbance.--The defendant committed the offense 
        under severe mental or emotional disturbance.
            ``(7) Victim's consent.--The victim consented to the 
        criminal conduct that resulted in the victim's death.
            ``(8) Other factors.--Other factors in the defendant's 
        background, record, or character or any other circumstance of 
        the offense that mitigate against imposition of the death 
        sentence.
    ``(b) Aggravating Factors for Espionage and Treason.--In 
determining whether a sentence of death is justified for an offense 
described in section 3591(1), the jury, or if there is no jury, the 
court, shall consider each of the following aggravating factors for 
which notice has been given and determine which, if any, exist:
            ``(1) Prior espionage or treason offense.--The defendant 
        has previously been convicted of another offense involving 
        espionage or treason for which a sentence of either life 
        imprisonment or death was authorized by law.
            ``(2) Grave risk to national security.--In the commission 
        of the offense the defendant knowingly created a grave risk of 
        substantial danger to the national security.
            ``(3) Grave risk of death.--In the commission of the 
        offense the defendant knowingly created a grave risk of death 
        to another person.
The jury, or if there is no jury, the court, may consider whether any 
other aggravating factor for which notice has been given exists.
    ``(c) Aggravating Factors for Homicide and for Attempted Murder of 
the President.--In determining whether a sentence of death is justified 
for an offense described in section 3591 (2) or (3), the jury, or if 
there is no jury, the court, shall consider each of the following 
aggravating factors for which notice has been given and determine 
which, if any, exist:
            ``(1) Death during commission of another crime.--The death, 
        or injury resulting in death, occurred during the commission or 
        attempted commission of, or during the immediate flight from 
        the commission of, an offense under section 32 (destruction of 
        aircraft or aircraft facilities), section 33 (destruction of 
        motor vehicles or motor vehicle facilities), section 36 
        (violence at international airports), section 351 (violence 
        against Members of Congress, Cabinet officers, or Supreme Court 
        Justices), an offense under section 751 (prisoners in custody 
        of institution or officer), section 794 (gathering or 
        delivering defense information to aid foreign government), 
        section 844(d) (transportation of explosives in interstate 
        commerce for certain purposes), section 844(f) (destruction of 
        Government property by explosives), section 1118 (prisoners 
        serving life term), section 1201 (kidnaping), section 844(i) 
        (destruction of property affecting interstate commerce by 
        explosives), section 1116 (killing or attempted killing of 
        diplomats), section 1203 (hostage taking), section 1992 
        (wrecking trains), section 2280 (maritime violence), section 
        2281 (maritime platform violence), section 2332 (terrorist acts 
        abroad against United States nationals), section 2339 (use of 
        weapons of mass destruction), or section 2381 (treason) of this 
        title, or section 902 (i) or (n) of the Federal Aviation Act of 
        1958 (49 U.S.C. 1472 (i) or (n)) (aircraft piracy).
            ``(2) Involvement of firearm or previous conviction of 
        violent felony involving firearm.--For any offense, other than 
        an offense for which a sentence of death is sought on the basis 
        of section 924(c), the defendant--
                    ``(A) during and in relation to the commission of 
                the offense or in escaping or attempting to escape 
                apprehension used or possessed a firearm (as defined in 
                section 921); or
                    ``(B) has previously been convicted of a Federal or 
                State offense punishable by a term of imprisonment of 
                more than 1 year, involving the use or attempted or 
                threatened use of a firearm (as defined in section 921) 
                against another person.
            ``(3) Previous conviction of offense for which a sentence 
        of death or life imprisonment was authorized.--The defendant 
        has previously been convicted of another Federal or State 
        offense resulting in the death of a person, for which a 
        sentence of life imprisonment or a sentence of death was 
        authorized by statute.
            ``(4) Previous conviction of other serious offenses.--The 
        defendant has previously been convicted of 2 or more Federal or 
        State offenses, punishable by a term of imprisonment of more 
        than 1 year, committed on different occasions, involving the 
        infliction of, or attempted infliction of, serious bodily 
        injury or death upon another person.
            ``(5) Grave risk of death to additional persons.--The 
        defendant, in the commission of the offense, or in escaping 
        apprehension for the violation of the offense, knowingly 
        created a grave risk of death to 1 or more persons in addition 
        to the victim of the offense.
            ``(6) Heinous, cruel, or depraved manner of committing 
        offense.--The defendant committed the offense in an especially 
        heinous, cruel, or depraved manner in that it involved torture 
        or serious physical abuse to the victim.
            ``(7) Procurement of offense by payment.--The defendant 
        procured the commission of the offense by payment, or promise 
        of payment, of anything of pecuniary value.
            ``(8) Pecuniary gain.--The defendant committed the offense 
        as consideration for the receipt, or in the expectation of the 
        receipt, of anything of pecuniary value.
            ``(9) Substantial planning and premeditation.--The 
        defendant committed the offense after substantial planning and 
        premeditation to cause the death of a person or commit an act 
        of terrorism.
            ``(10) Conviction for two felony drug offenses.--The 
        defendant has previously been convicted of 2 or more State or 
        Federal offenses punishable by a term of imprisonment of more 
        than one year, committed on different occasions, involving the 
        distribution of a controlled substance.
            ``(11) Vulnerability of victim.--The victim was 
        particularly vulnerable due to old age, youth, or infirmity.
            ``(12) Conviction for serious federal drug offenses.--The 
        defendant had previously been convicted of violating title II 
        or III of the Controlled Substances Act for which a sentence of 
        5 or more years may be imposed or had previously been convicted 
        of engaging in a continuing criminal enterprise.
            ``(13) Continuing criminal enterprise involving drug sales 
        to minors.--The defendant committed the offense in the course 
        of engaging in a continuing criminal enterprise in violation of 
        section 408(c) of the Controlled Substances Act (21 U.S.C. 
        848(c)), and that violation involved the distribution of drugs 
        to persons under the age of 21 in violation of section 418 of 
        that Act (21 U.S.C. 859).
            ``(14) High public officials.--The defendant committed the 
        offense against--
                    ``(A) the President of the United States, the 
                President-elect, the Vice President, the Vice-
                President-elect, the Vice-President-designate, or, if 
                there is no Vice President, the officer next in order 
                of succession to the office of the President of the 
                United States, or any person who is acting as President 
                under the Constitution and laws of the United States;
                    ``(B) a chief of state, head of government, or the 
                political equivalent, of a foreign nation;
                    ``(C) a foreign official listed in section 
                1116(b)(3)(A), if the official is in the United States 
                on official business; or
                    ``(D) a Federal public servant who is a judge, a 
                law enforcement officer, or an employee of a United 
                States penal or correctional institution--
                            ``(i) while he or she is engaged in the 
                        performance of his or her official duties;
                            ``(ii) because of the performance of his or 
                        her official duties; or
                            ``(iii) because of his or her status as a 
                        public servant.
                For purposes of this subparagraph, a `law enforcement 
                officer' is a public servant authorized by law or by a 
                Government agency or Congress to conduct or engage in 
                the prevention, investigation, or prosecution or 
                adjudication of an offense, and includes those engaged 
                in corrections, parole, or probation functions.
The jury, or if there is no jury, the court, may consider whether any 
other aggravating factor for which notice has been given exists.
``Sec. 3593. Special hearing to determine whether a sentence of death 
              is justified
    ``(a) Notice by the Government.--If, in a case involving an offense 
described in section 3591, the attorney for the government believes 
that the circumstances of the offense are such that a sentence of death 
is justified under this chapter, the attorney shall, a reasonable time 
before the trial or before acceptance by the court of a plea of guilty, 
sign and file with the court, and serve on the defendant, a notice--
            ``(1) stating that the government believes that the 
        circumstances of the offense are such that, if the defendant is 
        convicted, a sentence of death is justified under this chapter 
        and that the government will seek the sentence of death; and
            ``(2) setting forth the aggravating factor or factors that 
        the government, if the defendant is convicted, proposes to 
        prove as justifying a sentence of death.
The factors for which notice is provided under this subsection may 
include factors concerning the effect of the offense on the victim and 
the victim's family, and may include oral testimony, a victim impact 
statement that identifies the victim of the offense and the extent and 
scope of the injury and loss suffered by the victim and the victim's 
family, and any other relevant information. The court may permit the 
attorney for the government to amend the notice upon a showing of good 
cause.
    ``(b) Hearing Before a Court or Jury.--If the attorney for the 
government has filed a notice as required under subsection (a) and the 
defendant is found guilty of or pleads guilty to an offense described 
in section 3591, the judge who presided at the trial or before whom the 
guilty plea was entered, or another judge if that judge is unavailable, 
shall conduct a separate sentencing hearing to determine the punishment 
to be imposed. The hearing shall be conducted--
            ``(1) before the jury that determined the defendant's 
        guilt;
            ``(2) before a jury impaneled for the purpose of the 
        hearing if--
                    ``(A) the defendant was convicted upon a plea of 
                guilty;
                    ``(B) the defendant was convicted after a trial 
                before the court sitting without a jury;
                    ``(C) the jury that determined the defendant's 
                guilt was discharged for good cause; or
                    ``(D) after initial imposition of a sentence under 
                this section, reconsideration of the sentence under 
                this section is necessary; or
            ``(3) before the court alone, upon the motion of the 
        defendant and with the approval of the attorney for the 
        government.
A jury impaneled pursuant to paragraph (2) shall consist of 12 members, 
unless, at any time before the conclusion of the hearing, the parties 
stipulate, with the approval of the court, that it shall consist of a 
lesser number.
    ``(c) Proof of Mitigating and Aggravating Factors.--Notwithstanding 
rule 32(c) of the Federal Rules of Criminal Procedure, when a defendant 
is found guilty or pleads guilty to an offense under section 3591, no 
presentence report shall be prepared. At the sentencing hearing, 
information may be presented as to any matter relevant to the sentence, 
including any mitigating or aggravating factor permitted or required to 
be considered under section 3592. Information presented may include the 
trial transcript and exhibits if the hearing is held before a jury or 
judge not present during the trial. The defendant may present any 
information relevant to a mitigating factor. The government may present 
any information relevant to an aggravating factor for which notice has 
been provided under subsection (a). The government and the defendant 
shall be permitted to rebut any information received at the hearing, 
and shall be given fair opportunity to present argument as to the 
adequacy of the information to establish the existence of any 
aggravating or mitigating factor, and as to the appropriateness in the 
case of imposing a sentence of death. The government shall open the 
argument. The defendant shall be permitted to reply. The government 
shall then be permitted to reply in rebuttal. The burden of 
establishing the existence of any aggravating factor is on the 
government, and is not satisfied unless the existence of such a factor 
is established beyond a reasonable doubt. The burden of establishing 
the existence of any mitigating factor is on the defendant, and is not 
satisfied unless the existence of such a factor is established by a 
preponderance of the information.
    ``(d) Return of Special Findings.--The jury, or if there is no 
jury, the court, shall consider all the information received during the 
hearing. It shall return special findings identifying any aggravating 
factor or factors set forth in section 3592 found to exist and any 
other aggravating factor for which notice has been provided under 
subsection (a) found to exist. A finding with respect to a mitigating 
factor may be made by 1 or more members of the jury, and any member of 
the jury who finds the existence of a mitigating factor may consider 
such factor established for purposes of this section regardless of the 
number of jurors who concur that the factor has been established. A 
finding with respect to any aggravating factor must be unanimous. If no 
aggravating factor set forth in section 3592 is found to exist, the 
court shall impose a sentence other than death authorized by law.
    ``(e) Return of a Finding Concerning a Sentence of Death.--If, in 
the case of--
            ``(1) an offense described in section 3591(1), an 
        aggravating factor required to be considered under section 
        3592(b) is found to exist; or
            ``(2) an offense described in section 3591 (2) or (3), an 
        aggravating factor required to be considered under section 
        3592(c) is found to exist,
the jury, or if there is no jury, the court, shall consider whether all 
the aggravating factor or factors found to exist sufficiently outweigh 
all the mitigating factor or factors found to exist to justify a 
sentence of death, or, in the absence of a mitigating factor, whether 
the aggravating factor or factors alone are sufficient to justify a 
sentence of death. Based upon this consideration, the jury by unanimous 
vote, or if there is no jury, the court, shall recommend whether the 
defendant should be sentenced to death, to life imprisonment without 
possibility of release or some other lesser sentence. The jury or the 
court, if there is no jury, regardless of its findings with respect to 
aggravating and mitigating factors, is never required to impose a death 
sentence and the jury shall be so instructed.
    ``(f) Special Precaution To Ensure Against Discrimination.--In a 
hearing held before a jury, the court, prior to the return of a finding 
under subsection (e), shall instruct the jury that, in considering 
whether a sentence of death is justified, it shall not consider the 
race, color, religious beliefs, national origin, or sex of the 
defendant or of any victim and that the jury is not to recommend a 
sentence of death unless it has concluded that it would recommend a 
sentence of death for the crime in question no matter what the race, 
color, religious beliefs, national origin, or sex of the defendant or 
of any victim may be. The jury, upon return of a finding under 
subsection (e), shall also return to the court a certificate, signed by 
each juror, that consideration of the race, color, religious beliefs, 
national origin, or sex of the defendant or any victim was not involved 
in reaching his or her individual decision and that the individual 
juror would have made the same recommendation regarding a sentence for 
the crime in question no matter what the race, color, religious 
beliefs, national origin, or sex of the defendant or any victim may be.
``Sec. 3594. Imposition of a sentence of death
    ``Upon a recommendation under section 3593(e) that the defendant 
should be sentenced to death or life imprisonment without possibility 
of release, the court shall sentence the defendant accordingly. 
Otherwise, the court shall impose any lesser sentence that is 
authorized by law. Notwithstanding any other law, if the maximum term 
of imprisonment for the offense is life imprisonment, the court may 
impose a sentence of life imprisonment without possibility of release.
``Sec. 3595. Review of a sentence of death
    ``(a) Appeal.--In a case in which a sentence of death is imposed, 
the sentence shall be subject to review by the court of appeals upon 
appeal by the defendant. Notice of appeal must be filed within the time 
specified for the filing of a notice of appeal. An appeal under this 
section may be consolidated with an appeal of the judgment of 
conviction and shall have priority over all other cases.
    ``(b) Review.--The court of appeals shall review the entire record 
in the case, including--
            ``(1) the evidence submitted during the trial;
            ``(2) the information submitted during the sentencing 
        hearing;
            ``(3) the procedures employed in the sentencing hearing; 
        and
            ``(4) the special findings returned under section 3593(d).
    ``(c) Decision and Disposition.--
            ``(1) The court of appeals shall address all substantive 
        and procedural issues raised on the appeal of a sentence of 
        death, and shall consider whether the sentence of death was 
        imposed under the influence of passion, prejudice, or any other 
        arbitrary factor and whether the evidence supports the special 
        finding of the existence of an aggravating factor required to 
        be considered under section 3592.
            ``(2) Whenever the court of appeals finds that--
                    ``(A) the sentence of death was imposed under the 
                influence of passion, prejudice, or any other arbitrary 
                factor;
                    ``(B) the admissible evidence and information 
                adduced does not support the special finding of the 
                existence of the required aggravating factor; or
                    ``(C) the proceedings involved any other legal 
                error requiring reversal of the sentence that was 
                properly preserved for appeal under the rules of 
                criminal procedure,
        the court shall remand the case for reconsideration under 
        section 3593 or imposition of a sentence other than death.
            ``(3) The court of appeals shall state in writing the 
        reasons for its disposition of an appeal of a sentence of death 
        under this section.
``Sec. 3596. Implementation of a sentence of death
    ``(a) In General.--A person who has been sentenced to death 
pursuant to this chapter shall be committed to the custody of the 
Attorney General until exhaustion of the procedures for appeal of the 
judgment of conviction and for review of the sentence. When the 
sentence is to be implemented, the Attorney General shall release the 
person sentenced to death to the custody of a United States marshal, 
who shall supervise implementation of the sentence in the manner 
prescribed by the law of the State in which the sentence is imposed. If 
the law of the State does not provide for implementation of a sentence 
of death, the court shall designate another State, the law of which 
does provide for the implementation of a sentence of death, and the 
sentence shall be implemented in the latter State in the manner 
prescribed by such law.
    ``(b) Pregnant Woman.--A sentence of death shall not be carried out 
upon a woman while she is pregnant.
    ``(c) Mental Capacity.--A sentence of death shall not be carried 
out upon a person who is mentally retarded. A sentence of death shall 
not be carried out upon a person who, as a result of mental disability, 
lacks the mental capacity to understand the death penalty and why it 
was imposed on that person.
``Sec. 3597. Use of State facilities
    ``(a) In General.--A United States marshal charged with supervising 
the implementation of a sentence of death may use appropriate State or 
local facilities for the purpose, may use the services of an 
appropriate State or local official or of a person such an official 
employs for the purpose, and shall pay the costs thereof in an amount 
approved by the Attorney General.
    ``(b) Excuse of an Employee on Moral or Religious Grounds.--No 
employee of any State department of corrections, the United States 
Department of Justice, the Federal Bureau of Prisons, or the United 
States Marshals Service, and no employee providing services to that 
department, bureau, or service under contract shall be required, as a 
condition of that employment or contractual obligation, to be in 
attendance at or to participate in any prosecution or execution under 
this section if such participation is contrary to the moral or 
religious convictions of the employee. In this subsection, 
`participation in executions' includes personal preparation of the 
condemned individual and the apparatus used for execution and 
supervision of the activities of other personnel in carrying out such 
activities.
``Sec. 3598. Special provisions for Indian country
    ``Notwithstanding sections 1152 and 1153, no person subject to the 
criminal jurisdiction of an Indian tribal government shall be subject 
to a capital sentence under this chapter for any offense the Federal 
jurisdiction for which is predicated solely on Indian country (as 
defined in section 1151 of this title) and which has occurred within 
the boundaries of Indian country, unless the governing body of the 
tribe has elected that this chapter have effect over land and persons 
subject to its criminal jurisdiction.''.
    (b) Technical Amendment.--The part analysis for part II of title 
18, United States Code, is amended by inserting after the item relating 
to chapter 227 the following new item:

``228. Death sentence.......................................    3591''.

SEC. 203. SPECIFIC OFFENSES FOR WHICH DEATH PENALTY IS AUTHORIZED.

    (a) Conforming Changes in Title 18.--Title 18, United States Code, 
is amended as follows:
            (1) Aircraft and motor vehicles.--Section 34 of title 18, 
        United States Code, is amended by striking the comma after 
        ``imprisonment for life'', inserting a period, and striking the 
        remainder of the section.
            (2) Espionage.--Section 794(a) of title 18, United States 
        Code, is amended by striking the period at the end of the 
        section and inserting ``, except that the sentence of death 
        shall not be imposed unless the jury or, if there is no jury, 
        the court, further finds that the offense directly concerned 
        nuclear weaponry, military spacecraft or satellites, early 
        warning systems, or other means of defense or retaliation 
        against large-scale attack; war plans; communications 
        intelligence or cryptographic information; or any other major 
        weapons system or major element of defense strategy.''.
            (3) Explosive materials.--(A) Section 844(d) of title 18, 
        United States Code, is amended by striking ``as provided in 
        section 34 of this title''.
            (B) Section 844(f) of title 18, United States Code, is 
        amended by striking ``as provided in section 34 of this 
        title''.
            (C) Section 844(i) of title 18, United States Code, is 
        amended by striking ``as provided in section 34 of this 
        title''.
            (4) Murder.--The second undesignated paragraph of section 
        1111(b) of title 18, United States Code, is amended to read as 
        follows:
            ``Whoever is guilty of murder in the first degree shall be 
        punished by death or by imprisonment for life;''.
            (5) Killing of foreign official.--Section 1116(a) of title 
        18, United States Code, is amended by striking ``any such 
        person who is found guilty of murder in the first degree shall 
        be sentenced to imprisonment for life, and''.
            (6) Kidnapping.--Section 1201(a) of title 18, United States 
        Code, is amended by inserting after ``or for life'' the 
        following: ``and, if the death of any person results, shall be 
        punished by death or life imprisonment''.
            (7) Nonmailable injurious articles.--The last paragraph of 
        section 1716 of title 18, United States Code, is amended by 
        striking the comma after ``imprisonment for life'' and 
        inserting a period and striking the remainder of the paragraph.
            (8) Presidential assassinations.--Subsection (c) of section 
        1751 of title 18, United States Code, is amended to read as 
        follows:
    ``(c) Whoever attempts to kill or kidnap any individual designated 
in subsection (a) of this section, shall be punished--
            ``(1) by imprisonment for any term of years or for life; or
            ``(2) if the conduct constitutes an attempt to 
        intentionally kill the President of the United States and 
        results in bodily injury to the President or otherwise comes 
        dangerously close to causing the death of the President, by 
        death or imprisonment for any term of years or for life.''.
            (9) Wrecking trains.--The second to the last undesignated 
        paragraph of section 1992 of title 18, United States Code, is 
        amended by striking the comma after ``imprisonment for life'', 
        inserting a period, and striking the remainder of the section.
            (10) Bank robbery.--Section 2113(e) of title 18, United 
        States Code, is amended by striking ``or punished by death if 
        the verdict of the jury shall so direct'' and inserting ``or if 
        death results shall be punished by death or life 
        imprisonment''.
            (11) Hostage taking.--Section 1203(a) of title 18, United 
        States Code, is amended by inserting after ``or for life'' the 
        following: ``and, if the death of any person results, shall be 
        punished by death or life imprisonment''.
            (12) Murder for hire.--Section 1958 of title 18, United 
        States Code, is amended by striking ``and if death results, 
        shall be subject to imprisonment for any term of years or for 
        life, or shall be fined not more than $50,000, or both'' and 
        inserting ``and if death results, shall be punished by death or 
        life imprisonment, or shall be fined not more than $250,000, or 
        both''.
            (13) Racketeering.--Section 1959(a)(1) of title 18, United 
        States Code, is amended to read as follows:
            ``(1) for murder, by death or life imprisonment, or a fine 
        of not more than $250,000, or both; and for kidnapping, by 
        imprisonment for any term of years or for life, or a fine of 
        not more than $250,000, or both;''.
            (14) Genocide.--Section 1091(b)(1) of title 18, United 
        States Code, is amended by striking ``a fine of not more than 
        $1,000,000 or imprisonment for life,'' and inserting ``, where 
        death results, by death or imprisonment for life and a fine of 
        not more than $1,000,000, or both;''.
            (15) Carjacking.--Section 2119(3) of title 18, United 
        States Code, is amended by striking the period after ``both'' 
        and inserting ``, or sentenced to death.''.
    (b) Conforming Amendment to Federal Aviation Act of 1954.--Section 
903 of the Federal Aviation Act of 1958 (49 U.S.C. 1473) is amended by 
striking subsection (c).

SEC. 204. APPLICABILITY TO UNIFORM CODE OF MILITARY JUSTICE.

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

SEC. 205. DEATH PENALTY FOR MURDER BY A FEDERAL PRISONER.

    (a) In General.--Chapter 51 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1118. Murder by a Federal prisoner
    ``(a) Offense.--A person who, while confined in a Federal 
correctional institution under a sentence for a term of life 
imprisonment, commits the murder of another shall be punished by death 
or by life imprisonment.
    ``(b) Definitions.--In this section--
            ```Federal correctional institution' means any Federal 
        prison, Federal correctional facility, Federal community 
        program center, or Federal halfway house.
            ```murder' means a first degree or second degree murder (as 
        defined by section 1111).
            ```term of life imprisonment' means a sentence for the term 
        of natural life, a sentence commuted to natural life, an 
        indeterminate term of a minimum of at least fifteen years and a 
        maximum of life, or an unexecuted sentence of death.''.
    (b) Technical Amendment.--The chapter analysis for chapter 51 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

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

SEC. 206. DEATH PENALTY FOR CIVIL RIGHTS MURDERS.

    (a) Conspiracy Against Rights.--Section 241 of title 18, United 
States Code, is amended by striking the period at the end of the last 
sentence and inserting ``, or may be sentenced to death.''.
    (b) Deprivation of Rights Under Color of Law.--Section 242 of title 
18, United States Code, is amended by striking the period at the end of 
the last sentence and inserting ``, or may be sentenced to death.''.
    (c) Federally Protected Activities.--Section 245(b) of title 18, 
United States Code, is amended in the matter following paragraph (5) by 
inserting ``, or may be sentenced to death'' after ``or for life''.
    (d) Damage to Religious Property; Obstruction of the Free Exercise 
of Religious Rights.--Section 247(c)(1) of title 18, United States 
Code, is amended by inserting ``, or may be sentenced to death'' after 
``or both''.

SEC. 207. DEATH PENALTY FOR THE MURDER OF FEDERAL LAW ENFORCEMENT 
              OFFICIALS.

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

SEC. 208. NEW OFFENSE FOR THE INDISCRIMINATE USE OF WEAPONS TO FURTHER 
              DRUG CONSPIRACIES.

    (a) Short Title.--This section may be cited as the ``Drive-By 
Shooting Prevention Act of 1993''.
    (b) In General.--Chapter 2 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 36. Drive-by shooting
    ``(a) Definition.--In this section, `major drug offense' means--
            ``(1) a continuing criminal enterprise punishable under 
        section 403(c) of the Controlled Substances Act (21 U.S.C. 
        848(c));
            ``(2) a conspiracy to distribute controlled substances 
        punishable under section 406 of the Controlled Substances Act 
        (21 U.S.C. 846) section 1013 of the Controlled Substances 
        Import and Export Control Act (21 U.S.C. 963); and
            ``(3) an offense involving major quantities of drugs and 
        punishable under section 401(b)(1)(A) of the Controlled 
        Substances Act (21 U.S.C. 841(b)(1)(A)) or section 1010(b)(1) 
        of the Controlled Substances Import and Export Act (21 U.S.C. 
        960(b)(1)).
    ``(b) Offense and Penalties.--(1) A person who, in furtherance or 
to escape detection of a major drug offense and with the intent to 
intimidate, harass, injure, or maim, fires a weapon into a group of two 
or more persons and who, in the course of such conduct, causes grave 
risk to any human life shall be punished by a term of no more than 25 
years, by fine under this title, or both.
    ``(2) A person who, in furtherance or to escape detection of a 
major drug offense and with the intent to intimidate, harass, injure, 
or maim, fires a weapon into a group of 2 or more persons and who, in 
the course of such conduct, kills any person shall, if the killing--
            ``(A) is a first degree murder (as defined in section 
        1111(a)), be punished by death or imprisonment for any term of 
        years or for life, fined under this title, or both; or
            ``(B) is a murder other than a first degree murder (as 
        defined in section 1111(a)), be fined under this title, 
        imprisoned for any term of years or for life, or both.''.
    (c) Technical Amendment.--The chapter analysis for chapter 2 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

``36. Drive-by shooting.''.

SEC. 209. FOREIGN MURDER OF UNITED STATES NATIONALS.

    (a) In General.--Chapter 51 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1118. Foreign murder of United States nationals
    ``(a) Definition.--In this section, `national of the United States' 
has the meaning stated in section 101(a)(22) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(22)).
    ``(b) Offense.--A person who, being a national of the United 
States, kills or attempts to kill a national of the United States while 
such national is outside the United States but within the jurisdiction 
of another country shall be punished as provided under sections 1111, 
1112, and 1113.
    ``(c) Limitations on Prosecution.--(1) No prosecution may be 
instituted against any person under this section except upon the 
written approval of the Attorney General, the Deputy Attorney General, 
or an Assistant Attorney General, which function of approving 
prosecutions may not be delegated. No prosecution shall be approved if 
prosecution has been previously undertaken by a foreign country for the 
same conduct.
    ``(2) No prosecution shall be approved under this section unless 
the Attorney General, in consultation with the Secretary of State, 
determines that the conduct took place in a country in which the person 
is no longer present, and the country lacks the ability to lawfully 
secure the person's return. A determination by the Attorney General 
under this paragraph is not subject to judicial review.''.
    (b) Technical Amendments.--(1) Section 1117 of title 18, United 
States Code, is amended by striking ``or 1116'' and inserting ``1116, 
or 1118''.
    (2) The chapter analysis for chapter 51 of title 18, United States 
Code, is amended by adding at the end the following new item:

``1118. Foreign murder of United States nationals.''.

SEC. 210. DEATH PENALTY FOR RAPE AND CHILD MOLESTATION MURDERS.

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

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

SEC. 211. DEATH PENALTY FOR SEXUAL EXPLOITATION OF CHILDREN.

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

SEC. 212. MURDER BY ESCAPED PRISONERS.

    (a) In General.--Chapter 51 of title 18, United States Code, as 
amended by section 109(a), is amended by adding at the end the 
following new section:
``Sec. 1119. Murder by escaped prisoners
    ``(a) Definition.--In this section, `Federal prison' and `term of 
life imprisonment' have the meanings stated in section 1118.
    ``(b) Offense and Penalty.--A person, having escaped from a Federal 
prison where the person was confined under a sentence for a term of 
life imprisonment, kills another shall be punished as provided in 
sections 1111 and 1112.''.
    (b) Technical Amendment.--The chapter analysis for chapter 51 of 
title 18, United States Code, as amended by section 109(b)(2), is 
amended by adding at the end the following new item:

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

SEC. 213. DEATH PENALTY FOR GUN MURDERS DURING FEDERAL CRIMES OF 
              VIOLENCE AND DRUG TRAFFICKING CRIMES.

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

SEC. 214. HOMICIDES AND ATTEMPTED HOMICIDES INVOLVING FIREARMS IN 
              FEDERAL FACILITIES.

    Section 930 of title 18, United States Code, is amended--
            (1) by redesignating subsections (c), (d), (e), and (f) as 
        subsections (d), (e), (f), and (g), respectively;
            (2) in subsection (a) by striking ``(c)'' and inserting 
        ``(d)''; and
            (3) by inserting after subsection (b) the following new 
        subsection:
    ``(c) A person who kills or attempts to kill any person in the 
course of a violation of subsection (a) or (b), or in the course of an 
attack on a Federal facility involving the use of a firearm or other 
dangerous weapon, shall be punished as provided in sections 1111, 1112, 
and 1113.''.

SEC. 215. MURDER IN COURSE OF ALIEN SMUGGLING.

    Section 274(a) of the Immigration and Naturalization Act (8 U.S.C. 
1324) is amended by inserting before the period at the end the 
following: ``: Provided further, That if during and in relation to an 
offense described in paragraph (1) the person causes serious bodily 
injury to, or places in jeopardy the life of, any alien, such person 
shall be subject to a term of imprisonment of not more than 20 years, 
and if the death of any alien results, shall be punished by death or 
imprisoned for any term of years or for life.''.

                    TITLE III--HABEAS CORPUS REFORM

SEC. 301. SHORT TITLE.

    This title may be cited as ``An Act to enforce the fourteenth 
amendment and to reform habeas corpus.''.

SEC. 302. FILING DEADLINES.

    (a) In General.--Section 2242 of title 28, United States Code, is 
amended--
            (1) by amending the heading to read as follows:
``Sec. 2242. Filing of habeas corpus petition; time requirements; 
              tolling rules'';
            (2) by inserting ``(a)(1)'' before the first paragraph, 
        ``(2)'' before the second paragraph, ``(3)'' before the third 
        paragraph, and ``(4)'' before the fourth paragraph;
            (3) by amending the third paragraph, as designated by 
        paragraph (3), to read as follows:
    ``(3) Leave to amend or supplement the petition shall be freely 
given, as provided in the rules of procedure applicable to civil 
actions.''; and
            (4) by adding at the end the following new subsections:
    ``(b) An application for habeas corpus relief under section 2254 
shall be filed in the appropriate district court not later than 180 
days after--
            ``(1) the last day for filing a petition for writ of 
        certiorari in the United States Supreme Court on direct appeal 
        or unitary review of the conviction and sentence, if such a 
        petition has not been filed within the time limits established 
        by law;
            ``(2) the date of the denial of a writ of certiorari, if a 
        petition for a writ of certiorari to the highest court of the 
        State on direct appeal or unitary review of the conviction and 
        sentence is filed, within the time limits established by law, 
        in the United States Supreme Court; or
            ``(3) the date of the issuance of the mandate of the United 
        States Supreme Court, if on a petition for a writ of certiorari 
        the Supreme Court grants the writ and disposes of the case in a 
        manner that leaves the sentence undisturbed.
    ``(c)(1) Notwithstanding the filing deadline imposed by subsection 
(b), if a petitioner under a sentence of death has filed a petition for 
post-conviction review in State court within 270 days of the 
appointment of counsel as required by section 2258, the petitioner 
shall have 180 days to file a petition under this chapter upon 
completion of the State court review.
    ``(2) The time requirements established by subsection (b) shall not 
apply unless the State has provided notice to a petitioner under 
sentence of death of the time requirements established by this section. 
Such notice shall be provided upon the final disposition of the initial 
petition for State post-conviction review.
    ``(3) In a case in which a sentence of death has been imposed, the 
time requirements established by subsection (b) shall be tolled--
            ``(A) during any period in which the State has failed to 
        appoint counsel for State post-conviction review as required in 
        section 2258;
            ``(B) during any period in which the petitioner is 
        incompetent; and
            ``(C) during an additional period, not to exceed 60 days, 
        if the petitioner makes a showing of good cause.
    ``(d)(1) Notwithstanding the filing deadline imposed by subsection 
(b), if a petitioner under a sentence other than death has filed--
            ``(A) a petition for post-conviction review in State court; 
        or
            ``(B) a request for counsel for post-conviction review,
before the expiration of the period described in subsection (b), the 
petitioner shall have 180 days to file a petition under this chapter 
upon completion of the State court review.
    ``(2) The time requirements established by subsection (b) shall not 
apply in a case in which a sentence other than death has been imposed 
unless--
            ``(A) the State has provided notice to the petitioner of 
        the time requirements established by this section and of the 
        availability of counsel as described in subparagraph (B); such 
        notice shall be provided orally at the time of sentencing and 
        in writing at the time the petitioner's conviction becomes 
        final, except that in a case in which the petitioner's 
        conviction becomes final within 30 days of sentencing, the 
        State may provide both the oral and the written notice at 
        sentencing; in all cases, the written notice to petitioner 
        shall include easily understood instructions for filing a 
        request for counsel for State post-conviction review; and
            ``(B)(i) the State provides counsel to the petitioner upon 
        the filing of a request for counsel for State post-conviction 
        review; or
            ``(ii) the State provides counsel to the petitioner, if a 
        request for counsel for State post-conviction review is not 
        filed, upon the filing of a petition for post-conviction 
        review.
    ``(3) The time requirements established by subsection (b) shall be 
tolled in a case in which a sentence other than death has been 
imposed--
            ``(A) during any period in which the petitioner is 
        incompetent; and
            ``(B) during an additional period, not to exceed 60 days, 
        if the petitioner makes a showing of good cause.
    ``(e) An application that is not filed within the time requirements 
established by subsection (b) shall be governed by section 2244(b).''.
    (b) Technical Amendment.--The chapter analysis for chapter 153 of 
title 28, United States Code is amended by amending the item relating 
to section 2242 to read as follows:

``2242. Filing of habeas corpus petition; time requirements; tolling 
                            rules.''.

SEC. 303. STAYS OF EXECUTION IN CAPITAL CASES.

    Section 2251 of title 28, United States Code, is amended--
            (1) by inserting ``(a)(1)'' before the first paragraph and 
        ``(2)'' before the second paragraph; and
            (2) by adding at the end the following new subsections:
    ``(b) In the case of a person under sentence of death, a warrant or 
order setting an execution shall be stayed upon application to any 
court that would have jurisdiction over a habeas corpus petition under 
this chapter. The stay shall be contingent upon the exercise of 
reasonable diligence by the applicant in pursuing relief with respect 
to the sentence and shall expire if--
            ``(1) the applicant fails to file for relief under this 
        chapter within the time requirements established by section 
        2242;
            ``(2) upon completion of district court and court of 
        appeals review under section 2254, the application is denied 
        and--
                    ``(A) the time for filing a petition for a writ of 
                certiorari expires before a petition is filed;
                    ``(B) a timely petition for a writ of certiorari is 
                filed and the Supreme Court denies the petition; or
                    ``(C) a timely petition for certiorari is filed 
                and, upon consideration of the case, the Supreme Court 
                disposes of it in a manner that leaves the capital 
                sentence undisturbed; or
            ``(3) before a court of competent jurisdiction, in the 
        presence of counsel, and after being advised of the 
        consequences of the decision, the applicant competently and 
        knowingly waives the right to pursue habeas corpus relief under 
        this chapter.
    ``(c) If any 1 of the conditions in subsection (b) has occurred, no 
Federal court thereafter shall have the authority to enter a stay of 
execution unless the applicant has filed a habeas corpus petition that 
satisfies, on its face, section 2244(b) or 2256. A stay granted 
pursuant to this subsection shall expire if, after the grant of the 
stay, 1 of the conditions specified in subsection (b) (2) or (3) 
occurs.''.

SEC. 304. LIMITS ON NEW RULES; STANDARD OF REVIEW.

    (a) Limits on New Rules.--
            (1) In general.--Chapter 153 of Title 28, United States 
        Code, as amended by section 306(a), is amended by adding at the 
        end the following new section:
``Sec.  2257. Law applicable
    ``(a) Except as provided in subsection (b), in a case subject to 
this chapter, the court shall not announce or apply a new rule to grant 
habeas corpus relief.
    ``(b) A court considering a claim under this chapter shall apply a 
new rule when--
            ``(1) the new rule places a class of individual conduct 
        beyond the power of the criminal lawmaking authority to 
        proscribe or prohibits the imposition of a certain type of 
        punishment for a class of persons because of their status or 
        offense; or
            ``(2) the new rule constitutes a watershed rule of criminal 
        procedure implicating the fundamental fairness and accuracy of 
        the criminal proceeding.
    ``(c) As used in this section, a `new rule' is a rule that changes 
the constitutional or statutory standards that prevailed at the time 
the petitioner's conviction and sentence became final on direct 
appeal.''.
            (2) Technical amendment.--The chapter analysis for chapter 
        153 of title 28, United States Code, as amended by section 
        306(b), is amended by adding at the end the following new item:

``2257. Law applicable.''.
    (b) Standard of Review.--Section 2254(a) of title 28, United States 
Code, is amended by adding at the end the following: ``Except as to 
Fourth Amendment claims controlled by Stone v. Powell, 428 U.S. 465 
(1976), the Federal courts, in reviewing an application under this 
section, shall review de novo the rulings of a State court on matters 
of Federal law, including the application of Federal law to facts, 
regardless of whether the opportunity for a full and fair hearing on 
such Federal questions has been provided in the State court. In the 
case of a violation that can be harmless, the State shall bear the 
burden of proving harmlessness.''.

SEC. 305. LIMITS ON SUCCESSIVE PETITIONS.

    Section 2244(b) of title 28, United States Code, is amended to read 
as follows:
    ``(b)(1) A claim presented in a habeas corpus petition that was not 
timely presented in a prior petition shall be dismissed unless--
            ``(A) the petitioner shows that--
                    ``(i) the failure to raise the claim previously was 
                the result of interference by State officials with the 
                presentation of the claim, in violation of the 
                Constitution or laws of the United States;
                    ``(ii) the claim relies on a new rule that is 
                applicable under section 2257 and was previously 
                unavailable; or
                    ``(iii) the factual predicate for the claim could 
                not have been discovered previously through the 
                exercise of reasonable diligence; and
            ``(B) the facts underlying the claim, if proven and viewed 
        in light of the evidence as a whole, would be sufficient to--
                    ``(i) undermine the court's confidence in the 
                factfinder's determination of the applicant's guilt of 
                the offense or offenses for which the sentence was 
                imposed; or
                    ``(ii) demonstrate that no reasonable sentencing 
                authority would have found an aggravating circumstance 
                or other condition of eligibility for a capital or 
                noncapital sentence, or otherwise would have imposed a 
                sentence of death.
    ``(2) Notwithstanding other matters pending before the court, 
claims for relief under this subsection from a case in which a sentence 
of death was imposed shall receive a prompt review in a manner 
consistent with the interests of justice.''.

SEC. 306. NEW EVIDENCE.

    (a) In General.--Chapter 153 of title 28, United States Code, as 
amended by section 304(a)(1), is amended by adding at the end the 
following new section:
``Sec.  2256. Capital cases; new evidence
    ``For purposes of this chapter, a claim arising from a violation of 
the Constitution, laws, or treaties of the United States shall include 
a claim by a person under sentence of death that is based on factual 
allegations that, if proven and viewed in light of the evidence as a 
whole, would be sufficient to demonstrate that no reasonable factfinder 
would have found the petitioner guilty of the offense or that no 
reasonable sentencing authority would have found an aggravating 
circumstance or other condition of eligibility for the sentence. Such a 
claim shall be dismissed if the facts supporting the claim were 
actually known to the petitioner during a prior stage of the litigation 
in which the claim was not raised. Notwithstanding any other provision 
of this chapter, the claim shall not be subject to section 2244(b) or 
the time requirements established by section 2242. In all other 
respects, the claim shall be subject to the rules applicable to claims 
under this chapter.''.
    (b) Technical Amendment.--The chapter analysis for chapter 153 of 
title 28, United States Code, as amended by section 304(a)(2), is 
amended by adding at the end the following new item:

``2258. Capital cases; new evidence.''.

SEC. 307. CERTIFICATES OF PROBABLE CAUSE.

    The third paragraph of section 2253 of title 28, United States 
Code, is amended by adding at the end the following: ``However, an 
applicant under sentence of death shall have a right of appeal without 
a certificate of probable cause, except after denial of a habeas corpus 
petition filed under section 2244(b).''.

SEC. 308. PROVISION OF COUNSEL.

    (a) In General.--Chapter 153 of title 28, United States Code, as 
amended by section 304(a)(1), is amended by adding at the end the 
following new section:
``Sec.  2258. Counsel in capital cases; State court
    ``(a) Finding and Declaration.--The Congress finds that inadequate 
representation in State capital trials, appeals and post-conviction 
proceedings increases unacceptably the risk of constitutional and 
factual error. The possibility of such errors puts into question the 
validity of individual convictions and the conformity of State criminal 
justice systems with the commands of the Due Process Clause of the 
Fourteenth Amendment. The Congress therefore determines that the 
following requirements are a necessary and appropriate means, pursuant 
to its authority under section 5 of that Amendment, of enforcing the 
Due Process Clause.
    ``(b) Counsel.--(1) A State in which a sentence of death may be 
imposed under State law shall provide legal services to--
            ``(A) indigents charged with offenses for which capital 
        punishment is sought;
            ``(B) indigents who have been sentenced to death and who 
        seek appellate, post-conviction, or unitary review in State 
        court; and
            ``(C) indigents who have been sentenced to death and who 
        seek certiorari review of State court judgments in the United 
        States Supreme Court.
    ``(2) This section shall not apply or form a basis for relief to 
nonindigents.
    ``(c) Counsel Certification Authority.--A State in which a sentence 
of death may be imposed under State law shall, within 180 days after 
the date of enactment of this subsection, establish a State counsel 
certification authority, which shall be comprised of members of the bar 
with substantial experience in, or commitment to, the representation of 
criminal defendants in capital cases, and shall be comprised of a 
balanced representation from each segment of the State's criminal 
defense bar, such as a statewide defender organization, a capital case 
resource center, local public defender's offices and private attorneys 
involved in criminal trial, appellate, post-conviction, or unitary 
review practice. If a State fails to establish a counsel certification 
authority within 180 days after the date of enactment of this 
subsection, a private cause of action may be brought in Federal 
district court to enforce this subsection by any aggrieved party, 
including a defendant eligible for appointed representation under this 
subsection or a member of an organization eligible for representation 
on the counsel certification authority. If the court finds that the 
State has failed to establish a counsel certification authority as 
required by this subsection, the court shall grant appropriate 
injunctive and declaratory relief, except that the court shall not 
grant relief that disturbs any criminal conviction or sentence, 
obstructs the prosecution of State criminal proceedings, or alters 
proceedings arising under this chapter.
    ``(d) Duties of Authority; Certification of Counsel.--The counsel 
certification authority shall--
            ``(1) establish and publish standards governing 
        qualifications of counsel, which shall include--
                    ``(A) knowledge and understanding of pertinent 
                legal authorities regarding issues in capital cases;
                    ``(B) skills in the conduct of negotiations and 
                litigation in capital cases, the investigation of 
                capital cases and the psychiatric history and current 
                condition of capital clients, and the preparation and 
                writing of legal papers in capital cases;
                    ``(C) the minimum qualifications required by 
                subsection (e); and
                    ``(D) any additional qualifications relevant to the 
                representation of capital defendants;
            ``(2) establish application and certification procedures 
        for attorneys who possess the qualifications established 
        pursuant to paragraph (1);
            ``(3) establish application and certification procedures 
        for attorneys who do not possess all the qualifications 
        established pursuant to paragraph (1) but who possess, in 
        addition to the minimum qualifications required by subsection 
        (e), additional resources (such as an affiliation with a 
        publicly funded defender organization) and experience that 
        enable them to provide quality legal representation comparable 
        to that of an attorney possessing the qualifications 
        established pursuant to paragraph (1);
            ``(4) establish application and certification procedures, 
        to be used on a case by case basis, for attorneys who do not 
        necessarily possess the minimum qualifications required by 
        subsection (e), but who possess other extraordinary experience 
        and resources that enable them to provide quality legal 
        representation comparable to that of an attorney possessing the 
        qualifications established pursuant to paragraph (1);
            ``(5) publish a current roster of attorneys certified 
        pursuant to paragraphs (2) and (3) to be appointed in capital 
        cases;
            ``(6) establish and publish standards governing the 
        performance of counsel in capital cases, including standards 
        that proscribe abusive practices and mandate sound practices in 
        order to further the fair and orderly administration of 
        justice;
            ``(7) monitor the performance of attorneys certified 
        pursuant to this subsection; and
            ``(8) delete from the roster the name of any attorney who 
        fails to meet the qualification or performance standards 
        established pursuant to this subsection.
    ``(e) Minimum Counsel Standards.--All counsel certified pursuant to 
paragraph (2) or (3) of subsection (d) or appointed pursuant to 
subsection (f) shall possess, in addition to any qualifications 
required by State or local law, the following minimum qualifications:
            ``(1) familiarity with the performance standards 
        established by the counsel certification authority;
            ``(2) familiarity with the appropriate court system, 
        including the procedural rules regarding timeliness of filings 
        and procedural default; and
            ``(3) in the case of counsel appointed for the trial or 
        sentencing stages, at least 2 of the qualifications listed in 
        subparagraph (A) and 1 of the qualifications listed in 
        subparagraph (B), or 1 of the alternative qualifications listed 
        in subparagraph (C):
                    ``(A) Qualifying trial experience (must have 2).--
                Prior experience within the last 10 years as--
                            ``(i) lead or sole counsel in 12 jury 
                        trials, of which no fewer than 5 were criminal 
                        jury trials;
                            ``(ii) lead or sole counsel in 3 criminal 
                        jury trials in which the charge was murder or 
                        aggravated murder;
                            ``(iii) co-counsel in 5 criminal jury 
                        trials in which the charge was murder or 
                        aggravated murder;
                            ``(iv) lead or sole counsel in no fewer 
                        than 5 criminal jury trials involving crimes of 
                        violence against persons, punishable by 
                        imprisonment of over 1 year,
                which were tried to a verdict or to a deadlocked jury.
                    ``(B) Qualifying capital trial experience (must 
                have 1).--
                            ``(i) lead or sole counsel within the last 
                        5 years in the trial of at least 1 capital case 
                        that was tried through sentencing;
                            ``(ii) co-counsel in the trial of no fewer 
                        than 2 capital cases (1 of which occurred 
                        within the last 5 years) that were tried 
                        through sentencing;
                            ``(iii) successful completion within the 
                        preceding 2 years of a training program in 
                        capital trial litigation that has been 
                        certified by the counsel certification 
                        authority or, if the authority has not 
                        certified a program, successful completion of 
                        an at least 12-hour training program in capital 
                        trial litigation for which continuing legal 
                        education (CLE) credit is available, and which 
                        the CLE authority in the State has certified as 
                        comporting with the objectives and requirements 
                        of this section.
                    ``(C) Alternative qualifying experience for 
                trial.--Notwithstanding subparagraphs (A) and (B), an 
                attorney shall be eligible for certification pursuant 
                to paragraph (2) or (3) of subsection (d) or 
                appointment pursuant to subsection (g) if the 
                attorney--
                            ``(i) has conducted 5 evidentiary hearings 
                        and has been employed for more than 1 year by a 
                        capital resource center, a unit or its 
                        equivalent that specializes in capital cases 
                        within a public defender office, or a public 
                        interest law office specializing in capital 
                        litigation; or
                            ``(ii) has been certified by the State 
                        capital litigation resource center as competent 
                        to be assigned to a capital trial;
            ``(4) in the case of counsel appointed for appellate or 
        unitary review, at least 1 of the qualifications listed in 
        subparagraph (A) and 1 of the qualifications listed in 
        subparagraph (B), or 1 of the alternative qualifications listed 
        in subparagraph (C):
                    ``(A) Qualifying appellate experience (must have 
                1).--Prior experience within the past 5 years as--
                            ``(i) lead or sole counsel in no fewer than 
                        10 appeals, of which no fewer than 5 were 
                        criminal appeals;
                            ``(ii) lead or sole counsel in at least 6 
                        criminal felony appeals;
                            ``(iii) lead or sole counsel in 3 criminal 
                        or felony appeals, at least 1 of which was an 
                        appeal of a murder or aggravated murder 
                        conviction,
                which were fully briefed.
                    ``(B) Qualifying capital appellate experience (must 
                have 1).--
                            ``(i) lead or sole counsel within the last 
                        5 years in the appeal or unitary review of at 
                        least 1 capital case;
                            ``(ii) co-counsel in the appeal or unitary 
                        review of no fewer than 2 capital cases, 1 of 
                        which occurred within the last 5 years;
                            ``(iii) successful completion within the 
                        preceding 2 years of a training program in the 
                        litigation of capital appeals that has been 
                        certified by the counsel certification 
                        authority or, if the authority has not 
                        certified a program, successful completion of 
                        an at least 12-hour training program in capital 
                        litigation with a focus on appeals for which 
                        continuing legal education (CLE) credit is 
                        available, and which the CLE authority in the 
                        State has certified as comporting with the 
                        objectives and the requirements of this 
                        section.
                    ``(C) Alternative qualifying experience for 
                appeals.--Notwithstanding subparagraphs (A) and (B), an 
                attorney shall be eligible for certification pursuant 
                to paragraph (2) or (3) of subsection (c) or for 
                appointment pursuant to subsection (f) if the 
                attorney--
                            ``(i) has been employed for more than 1 
                        year by a capital resource center, a unit or 
                        its equivalent that specializes in capital 
                        cases within a public defender office, or a 
                        public interest law office specializing in 
                        capital litigation; or
                            ``(ii) has been certified by the State 
                        capital litigation resource center as competent 
                        to be assigned to a capital appeal; and
            ``(5) in the case of counsel appointed for post-conviction 
        proceedings, at least 2 of the qualifications listed in 
        subparagraph (A) and at least 1 of the qualifications listed in 
        subparagraph (B), or 1 of the alternative qualifications listed 
        in subparagraph (C):
                    ``(A) Qualifying post-conviction experience (must 
                have 2).--Prior experience within the past 10 years 
                as--
                            ``(i) lead or sole counsel in no fewer than 
                        3 post-conviction proceedings;
                            ``(ii) co-counsel in no fewer than 5 post-
                        conviction proceedings;
                            ``(iii) 1 of the trial qualifications 
                        listed in paragraph (3)(A);
                            ``(iv) 1 of the appellate qualifications 
                        listed in paragraph (4)(A).
                    ``(B) Qualifying capital post-conviction experience 
                (must have 1).--
                            ``(i) lead or sole counsel within the last 
                        5 years in the trial (through sentencing), 
                        appeal, or post-conviction review of at least 1 
                        capital case;
                            ``(ii) co-counsel in the trial (through 
                        sentencing), appeal, or post-conviction review 
                        of no fewer than 2 capital cases, 1 of which 
                        occurred within the last 5 years;
                            ``(iii) successful completion during the 
                        preceding 2 years of a training program in the 
                        litigation of capital post-conviction 
                        proceedings that has been certified by the 
                        counsel certification authority or, if the 
                        authority has not certified a program, 
                        successful completion of an at least 12-hour 
                        training program in capital litigation with a 
                        focus on post-conviction proceedings for which 
                        continuing legal education (CLE) credit is 
                        available, and which the CLE authority in the 
                        State has certified as comporting with the 
                        objectives and requirements of this section.
                    ``(C) Alternative qualifying experience for post-
                conviction proceedings.--Notwithstanding subparagraphs 
                (A) and (B), an attorney shall be eligible for 
                certification pursuant to paragraph (2) or (3) of 
                subsection (d) or appointment pursuant to subsection 
                (g) if the attorney--
                            ``(i) has conducted 3 evidentiary hearings 
                        and has been employed for more than 1 year by a 
                        capital litigation resource center, by a unit 
                        or its equivalent that specializes in capital 
                        cases within a public defender office, or by a 
                        public interest law office specializing in 
                        capital litigation; or
                            ``(ii) has been certified by the State 
                        capital litigation resource center as competent 
                        to be assigned to a capital post-conviction 
                        proceeding.
    ``(f) Appointment of Certified Counsel.--(1) The State court shall 
appoint at least 2 attorneys to represent an indigent at trial, and at 
least 1 attorney to represent an indigent at the appellate, unitary or 
post-conviction review stage, including--
            ``(A) a lead counsel who is named on the roster published 
        pursuant to subsection (d)(5);
            ``(B) a defender organization or resource center, which 
        shall designate appropriate attorneys affiliated with the 
        organization, including a lead counsel who is named on the 
        roster; or
            ``(C) a lead counsel certified pursuant to subsection 
        (d)(4).
    ``(2) The State court may appoint additional attorneys upon a 
showing of need.
    ``(g) Appointment of Noncertified Counsel.--(1) If there is no 
roster of attorneys published pursuant to subsection (d)(5), or if no 
attorney on the roster can accept the appointment and if no attorney 
certified pursuant to subsection (d)(4) has been appointed, the State 
court shall appoint at least 2 attorneys to represent an indigent at 
trial, and at least 1 attorney to represent an indigent at the 
appellate, unitary or post-conviction review stage, including--
            ``(A) a lead counsel who possesses the minimum 
        qualifications required by subsection (e); or
            ``(B) a defender organization or resource center, which 
        shall designate appropriate attorneys affiliated with the 
        organization, including a lead counsel who possesses the 
        qualifications required by subsection (e).
    ``(2) No attorney shall be appointed pursuant to this subsection 
unless the State court has first conducted an evidentiary hearing on 
the record in which the court determines, after the attorney gives 
sworn testimony and presents documentary proof that the attorney 
possesses each of the qualifications required by subsection (e), that 
the attorney possesses the requisite qualifications. In making its 
determination, the court shall, as to each qualification required by 
subsection (e), make a specific finding on the record that the attorney 
possesses the qualification.
    ``(h) No attorney may be denied certification pursuant to paragraph 
(2) or (3) of subsection (d) or appointment pursuant to subsection (g) 
solely because of prior employment as a prosecutor.
    ``(i) Prior to appointing counsel pursuant to this section, the 
State court shall inquire as to whether counsel maintains a workload 
which, by reason of its excessive size, will interfere with the 
rendering of quality representation or create a substantial risk of a 
breach of professional obligations.
    ``(j) If a person entitled to an appointment of counsel declines to 
accept an appointment, the State court shall conduct, or cause to be 
conducted, a hearing, at which the person and counsel proposed to be 
appointed shall be present, to determine the person's competence to 
decline the appointment, and whether the person has competently and 
knowingly declined it.
    ``(k) If a State court fails to appoint counsel in a proceeding 
specified in subsection (b), or if a State court in a proceeding 
described in subsection (b)--
            ``(1) fails to appoint the number of counsel required in 
        subsection (f);
            ``(2) appoints counsel whose name is not on the roster 
        published pursuant to subsection (d)(5);
            ``(3) appoints counsel who has failed to present a 
        certification issued pursuant to subsection (d)(4); or
            ``(4) when subsection (g) applies, fails to hold the 
        hearing, receive the requisite testimony and proof, or make the 
        determination required by subsection (g),
 a Federal court, in a proceeding under this chapter, shall neither 
presume findings of fact made at such proceeding to be correct nor 
decline to consider a claim on the ground that it was not raised in 
such proceeding at the time or in the manner prescribed by State law. 
In no circumstances other than those described in this subsection shall 
a determination of noncompliance with this section provide a basis for 
relief to a petitioner proceeding under this chapter.
    ``(l) No attorney appointed to represent a prisoner in State post-
conviction proceedings shall have previously represented the prisoner 
at trial or on direct appeal in the case for which the appointment is 
made, unless the prisoner and attorney expressly request continued 
representation.
    ``(m) Notwithstanding the rates and maximum limits generally 
applicable to criminal cases and any other provision of law to the 
contrary, the highest State court with jurisdiction over criminal cases 
shall, after notice and comment, establish a schedule of hourly rates 
for the compensation of attorneys appointed pursuant to this section 
that are reasonable in light of the qualifications of attorneys 
appointed and the local practices for legal representation in cases 
reflecting the complexity and responsibility of capital cases. For each 
attorney appointed pursuant to this section, the State court shall 
separately order compensation at the rates set by the highest State 
court for the hours the attorneys reasonably expended on the case and 
for reasonable expenses paid for investigative, expert, and other 
reasonably necessary services. Any aggrieved party may bring a private 
cause of action in Federal district court to enforce the provisions of 
this subsection for the establishment of a schedule of reasonable 
hourly rates for the compensation of attorneys. In such an action, the 
Federal court shall not independently determine the appropriate rates, 
but shall decide whether the hourly rates as scheduled by the State 
court are within the range of reasonableness consistent with the 
criteria stated in this subsection. If the hourly rates as scheduled 
are not within the range of reasonableness, or if no schedule of rates 
has been established, the court shall grant appropriate injunctive or 
declaratory relief, except that the court shall not grant relief that 
disturbs any criminal conviction or sentence, obstructs the prosecution 
of State criminal proceedings, or alters proceedings arising under this 
chapter.
    ``(n) The ineffectiveness or incompetence of counsel appointed 
pursuant to this section during State or Federal post-conviction 
proceedings shall not be a ground for relief in a proceeding arising 
under section 2254. This limitation shall not preclude the appointment 
of different counsel at any phase of State or Federal post-conviction 
proceedings.
    ``(o) Nothing in this section changes the constitutional standard 
governing claims of ineffective assistance of counsel pursuant to the 
sixth amendment to the Constitution of the United States. A 
determination of noncompliance with this section (as opposed to the 
facts which support such a determination) shall not provide a basis for 
a claim of constitutionally ineffective assistance of counsel.
    ``(p) The requirements of this section shall apply to any 
appointment of counsel made after the effective date of this section in 
any trial, direct appeal, or unitary review of a capital indigent. 
Counsel shall be appointed as provided in this section in any post-
conviction proceeding commenced after the effective date of this 
section. In no case shall counsel appointed for a proceeding commenced 
before the effective date of this section be subject to the 
requirements of this section, nor shall any person whose counsel was 
appointed for any trial, appeal, post-conviction or unitary review 
before the effective date of this section be entitled to any relief, 
including application of subsection (k), based on a claim that counsel 
was not appointed in conformity with subsection (f) or (g).''.
    (b) Technical Amendment.--The chapter analysis for chapter 153 of 
title 28, United States Code, as amended by section 304(a)(2), is 
amended by adding at the end the following new item:

``2258. Counsel in capital cases; State court.''.

SEC. 309. CAPITAL LITIGATION FUNDING.

    (a) Grants for Capital Habeas Corpus Prosecutions.--
            (1) In general.--Subpart 2 of part E of title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3711 et seq.) is amended by adding at the end the following new 
        section:

                       ``habeas corpus litigation

    ``Sec. 511A. Notwithstanding any other provision of this title, the 
Director shall provide grants to the States, from the funding allocated 
pursuant to section 511, for the purpose of supporting litigation 
pertaining to Federal habeas corpus petitions in capital cases. The 
total funding authorized for such grants within any fiscal year shall 
be equal to the funding provided to capital resource centers, pursuant 
to Federal appropriation, in the same fiscal year.''.
            (2) Technical amendment.--The table of contents of title I 
        of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. preceding 3701) is amended by inserting after the item 
        relating to section 511 the following new item:

``Sec. 511A. Habeas corpus litigation.''.
    (b) Grants for State Capital Litigation.--
            (1) In general.--Title I of the Omnibus Crime Control and 
        Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended 
        by section 103(a) is amended--
                    (A) by redesignating part R as part S;
                    (B) by redesignating section 1801 as section 1901; 
                and
                    (C) by inserting after part Q the following new 
                part:

             ``PART R--GRANTS FOR STATE CAPITAL LITIGATION

``SEC. 1801. GRANT AUTHORIZATION.

    ``The Director of the Bureau of Justice Assistance shall make 
grants to States from amounts appropriated to carry out this part for 
the use by States and by local entities in the States to comply with 
section 2258 of title 28, United States Code.

``SEC. 1802. STATE APPLICATIONS.

    ``(a) In General.--(1) To request a grant under this part, the 
Chief Executive of a State shall submit an application to the Director 
in such form and containing such information as the Director may 
reasonably require.
    ``(2) An application under paragraph (1) shall include assurances 
that Federal funds received under this part shall be used to 
supplement, not supplant, non-Federal funds that would otherwise be 
available for activities funded under this part.
    ``(b) State Office.--The office designated under section 507--
            ``(1) shall prepare an application under this section; and
            ``(2) shall administer grant funds received under this 
        part, including review of spending, processing, progress, 
        financial reporting, technical assistance, grant adjustments, 
        accounting, auditing, and fund disbursement.

``SEC. 1803. REVIEW OF STATE APPLICATIONS.

    ``(a) In General.--The Director shall make a grant under section 
1801 to carry out the activities described in the application submitted 
by an applicant under section 1802 upon determining that--
            ``(1) the application is consistent with the requirements 
        of this part; and
            ``(2) before the approval of the application, the Bureau 
        has made an affirmative finding in writing that the proposed 
        activities have been reviewed in accordance with this part.
    ``(b) Approval.--Each application submitted under section 1802 
shall be considered to be approved, in whole or in part, by the 
Director not later than 45 days after first received unless the 
Director informs the applicant of specific reasons for disapproval.
    ``(c) Disapproval Notice and Reconsideration.--The Director shall 
not disapprove any application without first affording the applicant 
reasonable notice and opportunity for reconsideration.

``SEC. 1804. DISTRIBUTION OF FUNDS.

    ``For fiscal years 1994, 1995, and 1996, the Federal share of a 
grant made under this part may not exceed 75 percent of the total costs 
of the activities described in the application submitted under section 
1702 for the fiscal year for which the project receives assistance 
under this part. Thereafter, the Federal share of a grant made under 
this part may not exceed 50 percent.

``SEC. 1805. EVALUATION.

    ``(a) In General.--(1) A State that receives a grant under this 
part shall submit to the Director an evaluation not later than March 1 
of each year in accordance with guidelines issued by the Director.
    ``(2) The Director may waive the requirement specified in 
subsection (a) if the Director determines that such evaluation is not 
warranted in the case of any particular State.
    ``(b) Distribution.--A State or local entity may use not more than 
5 percent of the funds it receives under this part to develop an 
evaluation program under this section.''.
            (2) Technical amendment.--The table of contents of title I 
        of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3711 et seq.), as amended by section 103(b), is amended 
        by striking the matter relating to part R and inserting the 
        following:

             ``Part R--Grants for State Capital Litigation

``Sec. 1801. Grant authorization.
``Sec. 1802. State applications.
``Sec. 1803. Review of State applications.
``Sec. 1804. Distribution of funds.
``Sec. 1805. Evaluation.
             ``Part S--Transition; Effective Date; Repealer

``Sec. 1901. Confirmation of rules, authorities, and proceedings.
            (3) Authorization of appropriations.--Section 1001(a) of 
        title I of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3793(a)), as amended by section 103(c), is 
        amended--
                    (A) in paragraph (3) by striking ``and Q'' and 
                inserting ``Q, and R''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(12) There are authorized to be appropriated $50 million for each 
of fiscal years 1995, 1996, and 1997 to carry out activities under part 
R.''.

SEC. 310. ABROGATION OF STATE SOVEREIGN IMMUNITY.

    Any State, any instrumentality of a State, and any officer or 
employee of a State or instrumentality of a State acting in an official 
capacity, shall not be immune, under the Eleventh Amendment to the 
Constitution of the United States, from suit in Federal court for a 
violation of subsection 2258(c) or (m) of title 28, United States Code, 
as added by section 308(a).

SEC. 311. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), this title 
and the amendments made by this title shall take effect on the date 
that is 180 days after the date of enactment of this Act.
    (b) Section 2258(b) of Title 28, United States Code.--Section 
2258(b) of title 28, United States Code, as added by section 308(a), 
shall take effect on the date of enactment of this Act.

                     TITLE IV--GUN CRIME PENALTIES

SEC. 401. ENHANCED PENALTY FOR USE OF A SEMIAUTOMATIC FIREARM DURING A 
              CRIME OF VIOLENCE OR A DRUG TRAFFICKING CRIME.

    (a) Amendment to Sentencing Guidelines.--Pursuant to its authority 
under section 994 of title 28, United States Code, the United States 
Sentencing Commission shall amend its sentencing guidelines to provide 
an appropriate enhancement of the punishment for a crime of violence 
(as defined in section 924(c)(3) of title 18, United States Code) or a 
drug trafficking crime (as defined in section 924(c)(2) of title 18, 
United States Code) if a semiautomatic firearm is involved.
    (b) Semiautomatic Firearm.--In subsection (a), ``semiautomatic 
firearm'' means any repeating firearm that utilizes a portion of the 
energy of a firing cartridge to extract the fired cartridge case and 
chamber the next round and that requires a separate pull of the trigger 
to fire each cartridge.

SEC. 402. ENHANCED PENALTY FOR SECOND OFFENSE OF USING AN EXPLOSIVE TO 
              COMMIT A FELONY.

    Pursuant to its authority under section 994 of title 28, United 
States Code, the United States Sentencing Commission shall promulgate 
amendments to the sentencing guidelines to appropriately enhance 
penalties in a case in which a defendant convicted under section 844(h) 
of title 18, United States Code, has previously been convicted under 
that section.

SEC. 403. SMUGGLING FIREARMS IN AID OF DRUG TRAFFICKING.

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

SEC. 404. THEFT OF FIREARMS AND EXPLOSIVES.

    (a) Firearms.--Section 924 of title 18, United States Code, as 
amended by section 403(a), is amended by adding at the end the 
following new subsection:
    ``(k) A person who steals any firearm which is moving as, or is a 
part of, or which has moved in, interstate or foreign commerce shall be 
imprisoned for not more than 10 years, fined under this title, or 
both.''.
    (b) Explosives.--Section 844 of title 18, United States Code, is 
amended by adding at the end the following new subsection:
    ``(k) A person who steals any explosives materials which are moving 
as, or are a part of, or which have moved in, interstate or foreign 
commerce shall be imprisoned for not more than 10 years, fined under 
this title, or both.''.

SEC. 405. REVOCATION OF SUPERVISED RELEASE.

    Section 3583 of title 18, United States Code, is amended by 
striking subsection (g) and inserting the following:
    ``(g) Mandatory Revocation for Possession of Controlled Substance 
or Firearm or for Refusal To Cooperate With Drug Testing.--If the 
defendant--
            ``(1) possesses a controlled substance in violation of the 
        condition set forth in subsection (d);
            ``(2) possesses a firearm, as such term is defined in 
        section 921 of this title, in violation of Federal law, or 
        otherwise violates a condition of supervised release 
        prohibiting the defendant from possessing a firearm; or
            ``(3) refuses to cooperate in drug testing imposed as a 
        condition of supervised release,
the court shall revoke the term of supervised release and require the 
defendant to serve a term of imprisonment not to exceed the maximum 
term of imprisonment authorized under subsection (e)(3).''.

SEC. 406. REVOCATION OF PROBATION.

    (a) Continuation or Revocation.--Section 3565(a) of title 18, 
United States Code, is amended--
            (1) in paragraph (2) by striking ``impose any other 
        sentence that was available under subchapter A at the time of 
        the initial sentencing'' and inserting ``resentence the 
        defendant under subchapter A''; and
            (2) by striking the last sentence.
    (b) Mandatory Revocation.--Section 3565(b) of title 18, United 
States Code, is amended to read as follows:
    ``(b) Mandatory Revocation for Possession of Controlled Substance 
or Firearm or for Refusal To Cooperate With Drug Testing.--If the 
defendant--
            ``(1) possesses a controlled substance in violation of the 
        condition set forth in section 3563(a)(3);
            ``(2) possesses a firearm (as defined in section 921) in 
        violation of Federal law or otherwise violates a condition of 
        probation prohibiting the defendant from possessing a firearm; 
        or
            ``(3) refuses to cooperate in drug testing in violation of 
        the condition imposed under subsection (a)(4),
the court shall revoke the sentence of probation and resentence the 
defendant under subchapter A to a sentence that includes a term of 
imprisonment.''.

SEC. 407. INCREASED PENALTY FOR KNOWINGLY MAKING FALSE, MATERIAL 
              STATEMENT IN CONNECTION WITH THE ACQUISITION OF A FIREARM 
              FROM A LICENSED DEALER.

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

SEC. 408. POSSESSION OF EXPLOSIVES BY FELONS AND OTHERS.

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

SEC. 409. SUMMARY DESTRUCTION OF EXPLOSIVES SUBJECT TO FORFEITURE.

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

SEC. 410. ELIMINATION OF OUTMODED LANGUAGE RELATING TO PAROLE.

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

SEC. 411. PROHIBITION AGAINST TRANSACTIONS INVOLVING STOLEN FIREARMS 
              WHICH HAVE MOVED IN INTERSTATE OR FOREIGN COMMERCE.

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

SEC. 412. USING A FIREARM IN THE COMMISSION OF COUNTERFEITING OR 
              FORGERY.

    Pursuant to its authority under section 994 of title 28, United 
States Code, the United States Sentencing Commission shall amend its 
sentencing guidelines to provide an appropriate enhancement of the 
punishment for a defendant convicted of a felony under chapter 25 of 
title 18, United States Code, if the defendant used or carried a 
firearm (as defined in section 921(a)(3) of title 18, United States 
Code) during and in relation to the felony.

SEC. 413. ENHANCED PENALTIES FOR FIREARMS POSSESSION BY VIOLENT FELONS 
              AND SERIOUS DRUG OFFENDERS.

    Pursuant to its authority under section 994 of title 28, United 
States Code, the United States Sentencing Commission shall amend its 
sentencing guidelines to--
            (1) appropriately enhance penalties in cases in which a 
        defendant convicted under section 922(g) of title 18, United 
        States Code, has 1 prior conviction by any court referred to in 
        section 922(g)(1) of title 18 for a violent felony (as defined 
        in section 924(e)(2)(B) of that title) or a serious drug 
        offense (as defined in section 924(e)(2)(A) of that title); and
            (2) appropriately enhance penalties in cases in which such 
        a defendant has 2 prior convictions for a violent felony (as so 
        defined) or a serious drug offense (as so defined).

SEC. 414. RECEIPT OF FIREARMS BY NONRESIDENT.

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

SEC. 415. FIREARMS AND EXPLOSIVES CONSPIRACY.

    (a) Firearms.--Section 924 of title 18, United States Code, as 
amended by section 404(a), is amended by adding at the end the 
following new subsection:
    ``(l) A person who conspires to commit any offense under this 
chapter shall be subject to the same penalties as those prescribed for 
the offense the commission of which was the object of the conspiracy, 
except that--
            ``(1) in the case of a conspiracy to commit an offense 
        under subsection (c) of this section, the authorized term of 
        imprisonment shall be any term of years not exceeding 20; and
            ``(2) if the firearm is a machinegun or destructive device, 
        or is equipped with a firearm silencer or muffler, the 
        authorized term of imprisonment shall be any term of years or 
        life.''.
    (b) Explosives.--Section 844 of title 18, United States Code, as 
amended by section 404(b), is amended by adding at the end the 
following new subsection:
    ``(l) A person who conspires to commit any offense under this 
chapter shall be subject to the same penalties as those prescribed for 
the offense the commission of which was the object of the conspiracy, 
except that in the case of a conspiracy to commit an offense under 
subsection (h) of this section, the authorized term of imprisonment 
shall be any term of years not exceeding 20.

SEC. 416. STUDY OF INCENDIARY AMMUNITION; REPORT TO CONGRESS.

    (a) Study.--The Secretary of the Treasury shall conduct a study of 
the incendiary ammunition offered for sale under the brand name 
``Dragon's Breath'' and also known as the ``Three Second Flame 
Thrower'', and all incendiary ammunition of similar function or effect, 
for the purpose of determining whether there is a reasonable sporting 
use for such ammunition and whether there is a reasonable use for such 
ammunition in law enforcement.
    (b) Report to the Congress.--Not later than 1 year after the date 
of enactment of this Act, the Secretary of the Treasury shall submit to 
the Committee on the Judiciary of the House of Representatives a report 
containing the results of the study required by subsection (a) and 
recommendations for such legislative or administrative action, with 
respect to the ammunition referred to in subsection (a), as the 
Secretary deems appropriate.

SEC. 417. THEFT OF FIREARMS OR EXPLOSIVES FROM LICENSEE.

    (a) Firearms.--Section 924 of title 18, United States Code, as 
amended by section 415(a), is amended by adding at the end the 
following new subsection:
    ``(m) A person who steals any firearm from a licensed importer, 
licensed manufacturer, licensed dealer, or licensed collector shall be 
fined under this title, imprisoned not more than 10 years, or both.''.
    (b) Explosives.--Section 844 of title 18, United States Code, as 
amended by section 415(b), is amended by adding at the end the 
following new subsection:
    ``(m) A person who steals any explosive material from a licensed 
importer, licensed manufacturer, or licensed dealer, or from any 
permittee shall be fined under this title, imprisoned not more than 10 
years, or both.''.

SEC. 418. DISPOSING OF EXPLOSIVES TO PROHIBITED PERSONS.

    Section 842(d) of title 18, United States Code, is amended by 
striking ``licensee'' and inserting ``person''.

SEC. 419. CLARIFICATION OF ``BURGLARY'' UNDER THE ARMED CAREER CRIMINAL 
              STATUTE.

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

SEC. 420. INCREASED PENALTY FOR INTERSTATE GUN TRAFFICKING.

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

                    TITLE V--OBSTRUCTION OF JUSTICE

SEC. 501. PROTECTION OF COURT OFFICERS AND JURORS.

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

SEC. 502. PROHIBITION OF RETALIATORY KILLINGS OF WITNESSES, VICTIMS AND 
              INFORMANTS.

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

SEC. 503. PROTECTION OF JURORS AND WITNESSES IN CAPITAL CASES.

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

SEC. 504. DEATH PENALTY FOR THE MURDER OF STATE OFFICIALS ASSISTING 
              FEDERAL LAW ENFORCEMENT OFFICIALS.

    (a) In General.--Chapter 51 of title 18, United States Code, as 
amended by section 112(a), is amended by adding at the end the 
following new section:
``Sec.  1120. Killing persons aiding Federal investigations
    ``A person who intentionally kills--
            ``(1) a State or local official, law enforcement officer, 
        or other officer or employee while working with Federal law 
        enforcement officials in furtherance of a Federal criminal 
        investigation--
                    ``(A) while the victim is engaged in the 
                performance of official duties;
                    ``(B) because of the performance of the victim's 
                official duties; or
                    ``(C) because of the victim's status as a public 
                servant; or
            ``(2) any person assisting a Federal criminal 
        investigation, while that assistance is being rendered and 
        because of it,
shall be sentenced as provided in section 1111, including by sentence 
of death or by imprisonment for life.''.
    (b) Technical Amendment.--The chapter analysis for chapter 51 of 
title 18, United States Code, as amended by section 112(b), is amended 
by adding at the end the following new item:

``1120. Killing persons aiding Federal investigations.''.

SEC. 505. DEATH PENALTY FOR MURDER OF FEDERAL WITNESSES.

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

                        TITLE VI--YOUTH VIOLENCE

   Subtitle A--Increased Penalties for Drug Trafficking and Criminal 
                              Street Gangs

SEC. 601. STRENGTHENING FEDERAL PENALTIES FOR EMPLOYING CHILDREN TO 
              DISTRIBUTE DRUGS.

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

SEC. 602. COMMENCEMENT OF JUVENILE PROCEEDING.

    Section 5032 of title 18, United States Code, is amended by 
striking ``Any proceedings against a juvenile under this chapter or as 
an adult shall not be commenced until'' and inserting ``A juvenile 
shall not be transferred to adult prosecution nor shall a hearing be 
held under section 5037 (disposition after a finding of juvenile 
delinquency) until''.

SEC. 603. CRIMINAL STREET GANGS.

    (a) In General.--Part I of title 18, United States Code, is amended 
by inserting after chapter 25 the following new chapter:

                  ``CHAPTER 26--CRIMINAL STREET GANGS

``Sec.
``521.  Criminal street gangs.
``Sec. 521. Criminal street gangs
    ``(a) Definitions.--In this section--
            ```conviction' includes a finding, under State or Federal 
        law, that a person has committed an act of juvenile delinquency 
        involving a violent or controlled substances felony.
            ```criminal street gang' means any group, club, 
        organization, or association of 5 or more persons--
                    ``(A) whose members engage or have engaged within 
                the past 5 years, in a continuing series of violations 
                of any offense treated in subsection (b); and
                    ``(B) whose activities affect interstate or foreign 
                commerce.
    ``(b) Penalty.--A person who, under the circumstances described in 
subsection (d), commits an offense described in subsection (c), shall, 
in addition to any other sentence authorized by law, be sentenced to a 
term of imprisonment of not more than 10 years and may also be fined 
under this title. Such a sentence of imprisonment shall run 
consecutively to any other sentence imposed.
    ``(c) Offenses.--The offenses described in this section are--
            ``(1) any Federal felony involving a controlled substance 
        (as defined in section 102 of the Controlled Substances Act (21 
        U.S.C. 802)) for which the maximum penalty is not less than 5 
        years;
            ``(2) any Federal felony crime of violence; and
            ``(3) a conspiracy to commit any of the offenses described 
        in paragraphs (1) and (2).
    ``(d) Circumstances.--The circumstances described in this section 
are that the offense described in subsection (c) was committed by a 
person as a member of, or on behalf of, a criminal street gang and that 
person has been convicted within the past 5 years for--
            ``(1) an offense described in subsection (c);
            ``(2) any State offense--
                    ``(A) involving a controlled substance (as defined 
                in section 102 of the Controlled Substances Act (21 
                U.S.C. 802)) for which the maximum penalty is not less 
                than 1 year's imprisonment; or
                    ``(B) that is a crime of violence; for which the 
                maximum penalty is more than 1 year's imprisonment;
            ``(3) any Federal or State offense that involves the theft 
        or destruction of property for which the maximum penalty is 
        more than 1 year's imprisonment; or
            ``(4) a conspiracy to commit any of the offenses described 
        in paragraphs (1), (2), or (3).''.
    (b) Technical Amendment.--The part analysis for part I of title 18, 
United States Code, is amended by inserting after the item relating to 
chapter 25 the following new item:

``26. Criminal street gangs.................................     521''.

    Subtitle B--Juvenile Drug Trafficking and Gang Prevention Grants

SEC. 611. GRANT PROGRAM.

    Part B of title I of the Juvenile Justice and Delinquency 
Prevention Act of 1974 is amended--
            (1) by inserting after the heading the following:

                 ``Subpart I--General Grant Programs'';

        and
            (2) by adding at the end the following new subpart:

   ``Subpart II--Juvenile Drug Trafficking and Gang Prevention Grants

                            ``formula grants

    ``Sec. 231. (a) In General.--The Administrator may make grants to 
States and units of general local government or combinations thereof to 
assist them in planning, establishing, operating, coordinating, and 
evaluating projects directly or through grants and contracts with 
public and private agencies for the development of more effective 
programs including education, prevention, treatment and enforcement 
programs to reduce--
            ``(1) the formation or continuation of juvenile gangs; and
            ``(2) the use and sale of illegal drugs by juveniles.
    ``(b) Purposes.--The grants made under this section can be used for 
any of the following specific purposes:
            ``(1) To reduce the participation of juveniles in drug 
        related crimes (including drug trafficking and drug use), 
        particularly in and around elementary and secondary schools.
            ``(2) To reduce juvenile involvement in organized crime, 
        drug and gang-related activity, particularly activities that 
        involve the distribution of drugs by or to juveniles.
            ``(3) To develop within the juvenile justice system, 
        including the juvenile corrections system, new and innovative 
        means to address the problems of juveniles convicted of 
        serious, drug-related and gang-related offenses.
            ``(4) To reduce juvenile drug and gang-related activity in 
        public housing projects.
            ``(5) To provide technical assistance and training to 
        personnel and agencies responsible for the adjudicatory and 
        corrections components of the juvenile justice system to 
        identify drug-dependent or gang-involved juvenile offenders and 
        to provide appropriate counseling and treatment to such 
        offenders.
            ``(6) To promote the involvement of all juveniles in lawful 
        activities, including in-school and after-school programs for 
        academic, athletic or artistic enrichment that also teach that 
        drug and gang involvement are wrong.
            ``(7) To facilitate Federal and State cooperation with 
        local school officials to develop education, prevention, and 
        treatment programs for juveniles who are likely to participate 
        in the drug trafficking, drug use or gang-related activities.
            ``(8) To prevent juvenile drug and gang involvement in 
        public housing projects through programs establishing youth 
        sports and other activities, including girls' and boys' clubs, 
        scout troops, and little leagues.
            ``(9) To provide pre- and post-trial drug abuse treatment 
        to juveniles in the juvenile justice system, with the highest 
        possible priority being to provide drug abuse treatment to 
        drug-dependent pregnant juveniles and drug-dependent juvenile 
        mothers.
            ``(10) To provide education and treatment programs for 
        youth exposed to severe violence in their homes, schools, or 
        neighborhoods.
            ``(11) To establish sports mentoring and coaching programs 
        in which athletes serve as role models for youth to teach that 
        athletics provide a positive alternative to drug and gang 
        involvement.
    ``(c) Use of Grant Funds.--Of the funds made available to each 
State under this section, 50 percent of the funds made available to 
each State in any fiscal year shall be used for juvenile anti-gang or 
anti-drug education, prevention, and treatment programs and 50 percent 
shall be used for juvenile anti-gang or anti-drug enforcement programs.

    ``special emphasis drug demand reduction and enforcement grants

    ``Sec. 232. (a) Purpose.--The purposes of this section are--
            ``(1) to provide additional Federal assistance and support 
        to identify promising new juvenile drug demand reduction and 
        enforcement programs;
            ``(2) to replicate and demonstrate those programs to serve 
        as national, regional, or local models that could be used, in 
        whole or in part, by other public and private juvenile justice 
        programs; and
            ``(3) to provide technical assistance and training to 
        public or private organizations to implement similar programs.
    ``(b) Priority.--In making grants under this section, the 
Administrator shall give priority to programs aimed at juvenile 
involvement in organized gang- and drug-related activities, including 
supply and demand reduction programs.
    ``(c) Authorization.--The Administrator may make grants to, or 
enter into contracts with, public or private non-profit agencies, 
institutions, or organizations or individuals to carry out any purpose 
authorized in section 231.
    ``(d) Authority Over Funds.--The Administrator shall have final 
authority over all funds awarded under this subpart.
    ``(e) Reservation of Funds.--Of the total amount appropriated for 
this subpart, 20 percent shall be reserved and set aside for this 
section in a special discretionary fund for use by the Administrator to 
carry out the purposes specified in section 231 as described in section 
232(a).
    ``(f) Federal Share.--Grants made under this section may be made 
for amounts up to 100 percent of the costs of the programs or projects.

 ``special international ports of entry juvenile crime and drug demand 
                            reduction grants

    ``Sec. 233. (a) Purpose.--The purposes of this section are--
            ``(1) to provide additional Federal assistance and support 
        to promising new programs that specifically and effectively 
        address the unique crime and drug and alcohol related 
        challenges faced by juveniles living at or near International 
        Ports of Entry and in other international border communities, 
        including rural localities;
            ``(2) to replicate and demonstrate these programs to serve 
        as models that could be used, in whole or in part, in other 
        similarly situated communities; and
            ``(3) to provide technical assistance and training to 
        public or private organizations to implement similar programs.
    ``(b) Authorization.--The Administrator may make grants to, or 
enter into contracts with, public or private non-profit agencies, 
institutions, or organizations or individuals to carry out any purpose 
authorized in section 231, if the beneficiaries of the grantee's 
program are juveniles living at or near International Port of Entry or 
in other international border communities, including rural localities.
    ``(c) Authority Over Funds.--The Administrator shall have final 
authority over all funds awarded under this section.
    ``(d) Reservation of Funds.--Of the total amount appropriated for 
this subpart, 5 percent shall be reserved and set aside for this 
section in a special discretionary fund for use by the Administrator to 
carry out the purposes specified in section 231 as described in section 
233(a).
    ``(e) Federal Share.--Grants made under this section may be made 
for amounts up to 100 percent of the costs of the programs.

                   ``authorization of appropriations

    ``Sec. 234. There are authorized to be appropriated to carry out 
this subpart--
            ``(1) $100,000,000 for fiscal year 1995; and
            ``(2) such sums as are necessary for fiscal year 1996.

                          ``allocation of fund

    ``Sec. 235. Of the total amounts appropriated under this subpart 
for any fiscal year the amount remaining after setting aside the 
amounts required to be reserved to carry out section 232 shall be 
allocated as follows:
            ``(1) $400,000 shall be allocated to each of the 
        participating States.
            ``(2) Of the total funds remaining after the allocation 
        under paragraph (1), there shall be allocated to each of the 
        participating States an amount that bears the same ratio to the 
        amount of remaining funds described in this paragraph as the 
        population of juveniles of the State bears to the population of 
        juveniles in all of the participating States.

                             ``applications

    ``Sec. 236. (a) In General.--Each State applying for a grant under 
section 231 and each public or private entity applying for a grant 
under section 232 shall submit an application to the Administrator in 
such form and containing such information as the Administrator shall 
prescribe.
    ``(b) Regulations.--To the extent that it is practicable to do so, 
the Administrator shall prescribe regulations governing applications 
for this subpart that are substantially similar to the applications 
required under part I and part C, including the procedures relating to 
competition.
    ``(c) Coordination of Federal Assistance.--In addition to the 
requirements prescribed under subsection (b), each State application 
submitted for a grant under section 231 shall include a detailed 
description of how the funds made available under that section will be 
coordinated with Federal assistance provided in parts B and C of title 
II of this Act and by the Bureau of Justice Assistance under the Drug 
Control and System Improvement Grant program.

                 ``review and approval of applications

    ``Sec. 237. The procedures and time limits imposed on the Federal 
and State Governments under sections 505 and 508, respectively, of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3755 and 3758) relating to the review of applications and 
distribution of Federal funds shall apply to the review of applications 
and distribution of funds under this subpart.''.

       Subtitle C--Bindover System for Certain Violent Juveniles

SEC. 621. BINDOVER SYSTEM.

    Section 501(b) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3751), as amended by section 1002, is 
amended--
            (1) by striking ``and'' at the end of paragraph (21);
            (2) by striking the period at the end of paragraph (22) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(23) programs that address the need for effective 
        bindover systems for the prosecution of violent 16- and 17-
        year-olds in courts with jurisdiction over adults for the 
        crimes of--
                    ``(A) murder in the first degree;
                    ``(B) murder in the second degree;
                    ``(C) attempted murder;
                    ``(D) armed robbery when armed with a firearm;
                    ``(E) aggravated battery or assault when armed with 
                a firearm;
                    ``(F) criminal sexual penetration when armed with a 
                firearm; and
                    ``(G) drive-by shootings as described in section 36 
                of title 18, United States Code.''.

                          TITLE VII--TERRORISM

          Subtitle A--Maritime Navigation and Fixed Platforms

SEC. 701. OFFENSES OF VIOLENCE AGAINST MARITIME NAVIGATION OR FIXED 
              PLATFORMS.

    Chapter 111 of title 18, United States Code, is amended by adding 
at the end the following new sections:
``Sec. 2280. Violence against maritime navigation
    ``(a) Offenses.--
            ``(1) In general.--A person who unlawfully and 
        intentionally--
                    ``(A) seizes or exercises control over a ship by 
                force or threat thereof or any other form of 
                intimidation;
                    ``(B) performs an act of violence against a person 
                on board a ship if that act is likely to endanger the 
                safe navigation of that ship;
                    ``(C) destroys a ship or causes damage to a ship or 
                to its cargo which is likely to endanger the safe 
                navigation of that ship;
                    ``(D) places or causes to be placed on a ship, by 
                any means whatsoever, a device or substance which is 
                likely to destroy that ship, or cause damage to that 
                ship or its cargo which endangers or is likely to 
                endanger the safe navigation of that ship;
                    ``(E) destroys or seriously damages maritime 
                navigational facilities or seriously interferes with 
                their operation, if such act is likely to endanger the 
                safe navigation of a ship;
                    ``(F) communicates information, knowing the 
                information to be false and under circumstances in 
                which such information may reasonably be believed, 
                thereby endangering the safe navigation of a ship;
                    ``(G) injures or kills any person in connection 
                with the commission or the attempted commission of any 
                of the offenses set forth in subparagraphs (A) through 
                (F); or
                    ``(H) attempts to do any act prohibited under 
                subparagraphs (A) through (G),
        shall be fined under this title, imprisoned not more than 20 
        years, or both; and if the death of any person results from 
        conduct prohibited by this paragraph, shall be punished by 
        death or imprisoned for any term of years or for life.
            ``(2) Threat to navigation.--A person who threatens to do 
        any act prohibited under paragraph (1) (B), (C) or (E), with 
        apparent determination and will to carry the threat into 
        execution, if the threatened act is likely to endanger the safe 
        navigation of the ship in question, shall be fined under this 
        title, imprisoned not more than 5 years, or both.
    ``(b) Jurisdiction.--There is jurisdiction over the prohibited 
activity in subsection (b)--
            ``(1) in the case of a covered ship, if--
                    ``(A) such activity is committed--
                            ``(i) by a person engaged in terrorism or 
                        who acts on behalf of a terrorist group;
                            ``(ii) against or on board a ship flying 
                        the flag of the United States at the time the 
                        prohibited activity is committed;
                            ``(iii) in the United States and the 
                        activity is not prohibited as a crime by the 
                        State in which the activity takes place; or
                            ``(iv) the activity takes place on a ship 
                        flying the flag of a foreign country or outside 
                        the United States, by a national of the United 
                        States or by a stateless person whose habitual 
                        residence is in the United States;
                    ``(B) during the commission of such activity, a 
                national of the United States is seized, threatened, 
                injured or killed; or
                    ``(C) the offender is later found in the United 
                States after such activity is committed;
            ``(2) in the case of a ship navigating or scheduled to 
        navigate solely within the territorial sea or internal waters 
        of a country other than the United States, if the offender is 
        later found in the United States after such activity is 
        committed; and
            ``(3) in the case of any vessel, if such activity is 
        committed in an attempt to compel the United States to do or 
        abstain from doing any act.
    ``(c) Definitions.--In this section--
            ```covered ship' means a ship that is navigating or is 
        scheduled to navigate into, through or from waters beyond the 
        outer limit of the territorial sea of a single country or a 
        lateral limit of that country's territorial sea with an 
        adjacent country.
            ```national of the United States' has the meaning stated in 
        section 101(a)(22) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(22)).
            ```territorial sea of the United States' means all waters 
        extending seaward to 12 nautical miles from the baselines of 
        the United States determined in accordance with international 
        law.
            ```ship' means a vessel of any type whatsoever not 
        permanently attached to the sea-bed, including dynamically 
        supported craft, submersibles or any other floating craft, but 
        does not include a warship, a ship owned or operated by a 
        government when being used as a naval auxiliary or for customs 
        or police purposes, or a ship which has been withdrawn from 
        navigation or laid up.
            ```United States', when used in a geographical sense, 
        includes the Commonwealth of Puerto Rico, the Commonwealth of 
        the Northern Mariana Islands and all territories and 
        possessions of the United States.
``Sec. 2281. Violence against maritime fixed platforms
    ``(a) Offenses.--
            ``(1) In general.--A person who unlawfully and 
        intentionally--
                    ``(A) seizes or exercises control over a fixed 
                platform by force or threat thereof or any other form 
                of intimidation;
                    ``(B) performs an act of violence against a person 
                on board a fixed platform if that act is likely to 
                endanger its safety;
                    ``(C) destroys a fixed platform or causes damage to 
                it which is likely to endanger its safety;
                    ``(D) places or causes to be placed on a fixed 
                platform, by any means whatsoever, a device or 
                substance which is likely to destroy that fixed 
                platform or likely to endanger its safety;
                    ``(E) injures or kills any person in connection 
                with the commission or the attempted commission of any 
                of the offenses set forth in subparagraphs (A) through 
                (D); or
                    ``(F) attempts to do anything prohibited under 
                subparagraphs (A) through (E),
        shall be fined under this title, imprisoned not more than 20 
        years, or both; and if death results to any person from conduct 
        prohibited by this paragraph, shall be punished by death or 
        imprisoned for any term of years or for life.
            ``(2) Threat to safety.--A person who threatens to do 
        anything prohibited under paragraph (1) (B) or (C), with 
        apparent determination and will to carry the threat into 
        execution, if the threatened act is likely to endanger the 
        safety of the fixed platform, shall be fined under this title, 
        imprisoned not more than 5 years, or both.
    ``(b) Jurisdiction.--There is jurisdiction over the prohibited 
activity in subsection (b) if--
            ``(1) such activity is committed against or on board a 
        fixed platform--
                    ``(A) that is located on the continental shelf of 
                the United States, if--
                            ``(i) by a person engaged in terrorism or 
                        who acts on behalf of a terrorist group; or
                            ``(ii) if the activity is not prohibited as 
                        a crime by the State in which the activity 
                        takes place;
                    ``(B) that is located on the continental shelf of 
                another country, by a national of the United States or 
                by a stateless person whose habitual residence is in 
                the United States; or
                    ``(C) in an attempt to compel the United States to 
                do or abstain from doing any act;
            ``(2) during the commission of such activity against or on 
        board a fixed platform located on a continental shelf, a 
        national of the United States is seized, threatened, injured or 
        killed; or
            ``(3) such activity is committed against or on board a 
        fixed platform located outside the United States and beyond the 
        continental shelf of the United States and the offender is 
        later found in the United States.
    ``(c) Definitions.--In this section--
            ```continental shelf' means the sea-bed and subsoil of the 
        submarine areas that extend beyond a country's territorial sea 
        to the limits provided by customary international law as 
        reflected in Article 76 of the 1982 Convention on the Law of 
        the Sea.
            ```fixed platform' means an artificial island, installation 
        or structure permanently attached to the sea-bed for the 
        purpose of exploration or exploitation of resources or for 
        other economic purposes.
            ```national of the United States' has the meaning stated in 
        section 101(a)(22) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(22)).
            ```territorial sea of the United States' means all waters 
        extending seaward to 12 nautical miles from the baselines of 
        the United States determined in accordance with international 
        law.
            ```United States', when used in a geographical sense, 
        includes the Commonwealth of Puerto Rico, the Commonwealth of 
        the Northern Mariana Islands and all territories and 
        possessions of the United States.''.

SEC. 702. TECHNICAL AMENDMENT.

    The chapter analysis for chapter 111 of title 18, United States 
Code, is amended by adding at the end the following new items:

        ``2280. Violence against maritime navigation.
        ``2281. Violence against maritime fixed 
            platforms.''.

SEC. 703. EFFECTIVE DATES.

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

                     Subtitle B--General Provisions

SEC. 711. WEAPONS OF MASS DESTRUCTION.

    (a) Findings.--The Congress finds that the use and threatened use 
of weapons of mass destruction (as defined in section 2332a of title 
18, United States Code, as added by subsection (b)) gravely harm the 
national security and foreign relations interests of the United States, 
seriously affect interstate and foreign commerce, and disturb the 
domestic tranquility of the United States.
    (b) Offense.--Chapter 113A of title 18, United States Code, is 
amended by inserting after section 2332 the following new section:
``Sec. 2332a. Use of weapons of mass destruction
    ``(a) Definitions.--In this section--
            ```national of the United States' has the meaning given in 
        section 101(a)(22) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(22)).
            ```weapon of mass destruction' means--
                    ``(A) any destructive device (as defined in section 
                921);
                    ``(B) poison gas;
                    ``(C) any weapon involving a disease organism; or
                    ``(D) any weapon that is designed to release 
                radiation or radioactivity at a level dangerous to 
                human life.
    ``(b) Offense.--A person who uses, or attempts or conspires to use, 
a weapon of mass destruction--
            ``(1) against a national of the United States while such 
        national is outside of the United States;
            ``(2) against any person within the United States; or
            ``(3) against any property that is owned, leased or used by 
        the United States or by any department or agency of the United 
        States, whether the property is within or outside of the United 
        States;
shall be imprisoned for any term of years or for life, and if death 
results, shall be punished by death or imprisoned for any term of years 
or for life.''.
    (c) Technical Amendment.--The chapter analysis for chapter 113A of 
title 18, United States Code, is amended by inserting after the item 
relating to section 2332 the following new item:

``2332a. Use of weapons of mass destruction.''.

SEC. 712. ENHANCED PENALTIES FOR CERTAIN OFFENSES.

    (a) Section 1705(b).--Section 206(b) of the International Economic 
Emergency Powers Act (50 U.S.C. 1705(b)) is amended by striking 
``$50,000'' and inserting ``$1,000,000''.
    (b) Section 1705(a).--Section 206(a) of the International Economic 
Emergency Powers Act (50 U.S.C. 1705(a)) is amended by striking 
``$10,000'' and inserting ``$1,000,000''.
    (c) Section 1541.--Section 1541 of title 18, United States Code, is 
amended--
            (1) by striking ``$500'' and inserting ``$250,000''; and
            (2) by striking ``one year'' and inserting ``5 years''.
    (d) Chapter 75.--Sections 1542, 1543, 1544 and 1546 of title 18, 
United States Code, are each amended--
            (1) by striking ``$2,000'' each place it appears and 
        inserting ``$250,000''; and
            (2) by striking ``five years'' each place it appears and 
        inserting ``10 years''.
    (e) Section 1545.--Section 1545 of title 18, United States Code, is 
amended--
            (1) by striking ``$2,000'' and inserting ``$250,000''; and
            (2) by striking ``three years'' and inserting ``10 years''.

SEC. 713. TERRITORIAL SEA EXTENDING TO TWELVE MILES INCLUDED IN SPECIAL 
              MARITIME AND TERRITORIAL JURISDICTION.

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

SEC. 714. ASSIMILATED CRIMES IN EXTENDED TERRITORIAL SEA.

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

SEC. 715. JURISDICTION OVER CRIMES AGAINST UNITED STATES NATIONALS ON 
              CERTAIN FOREIGN SHIPS.

    Section 7 of title 18, United States Code (relating to the special 
maritime and territorial jurisdiction of the United States), is amended 
by inserting at the end thereof the following new paragraph:
    ``(8) To the extent permitted by international law, any foreign 
vessel during a voyage having a scheduled departure from or arrival in 
the United States with respect to an offense committed by or against a 
national of the United States.''.

SEC. 716. TORTURE.

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

                        ``CHAPTER 113B--TORTURE

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

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

SEC. 717. EXTENSION OF THE STATUTE OF LIMITATIONS FOR CERTAIN TERRORISM 
              OFFENSES.

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

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

SEC. 718. FBI ACCESS TO TELEPHONE SUBSCRIBER INFORMATION.

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

SEC. 719. VIOLENCE AT AIRPORTS SERVING INTERNATIONAL CIVIL AVIATION.

    (a) Offense.--Chapter 2 of title 18, United States Code, is amended 
by adding at the end the following new section:
``Sec. 36. Violence at international airports
    ``(a) Offense.--A person who unlawfully and intentionally, using 
any device, substance, or weapon--
            ``(1) performs an act of violence against a person at an 
        airport serving international civil aviation that causes or is 
        likely to cause serious bodily injury (as defined in section 
        1365) or death; or
            ``(2) destroys or seriously damages the facilities of an 
        airport serving international civil aviation or a civil 
        aircraft not in service located thereon or disrupts the 
        services of the airport,
if such an act endangers or is likely to endanger safety at that 
airport, or attempts to do such an act, shall be fined under this 
title, imprisoned not more than 20 years, or both; and if the death of 
any person results from conduct prohibited by this subsection, shall be 
punished by death or imprisoned for any term of years or for life.
    ``(b) Jurisdiction.--There is jurisdiction over the prohibited 
activity in subsection (a) if--
            ``(1) the prohibited activity takes place in the United 
        States; or
            ``(2) the prohibited activity takes place outside the 
        United States and the offender is later found in the United 
        States.
    ``(c) Bar to Prosecution.--It is a bar to Federal prosecution under 
subsection (a) for conduct that occurred within the United States that 
the conduct--
            ``(1) involved a domestic dispute solely affecting and 
        between members of the same family or household or between 
        social acquaintances; or
            ``(2) occurred during or in relation to a labor dispute, 
        and such conduct is prohibited as a felony under the law of the 
        State in which it occurred.
    ``(d) Definition.--In this section, `labor dispute' has the same 
meaning that it has in the National Labor Relations Act, as defined in 
section 2(a) of that Act (29 U.S.C. 152(a)).''.
    (b) Technical Amendment.--The chapter analysis for chapter 2 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

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

SEC. 720. PREVENTING ACTS OF TERRORISM AGAINST CIVILIAN AVIATION.

    (a) In General.--Chapter 2 of title 18, United States Code, as 
amended by section 719(a), is amended by adding at the end the 
following new section:
``Sec. 37. Violations of Federal aviation security regulations
    ``A person who willfully violates a security regulation under part 
107 or 108 of title 14, Code of Federal Regulations (relating to 
airport and airline security) issued pursuant to section 315 or 316 of 
the Air Transportation Security Act of 1974 (49 U.S.C. App. 1356 and 
1357), or a successor part, shall be fined under this title, imprisoned 
for not more than 1 year, or both.''.
    (b) Technical Amendment.--The chapter analysis for chapter 2 of 
title 18, United States Code, as amended by section 719(b), is amended 
by adding at the end the following new item:

``37. Violations of Federal aviation security regulations.''.

SEC. 721. COUNTERFEITING UNITED STATES CURRENCY ABROAD.

    (a) In General.--Chapter 25 of title 18, United States Code, is 
amended by adding before section 471 the following new section:
``Sec. 470. Counterfeit acts committed outside the United States
    ``A person who, outside the United States, engages in the act of--
            ``(1) making, dealing, or possessing any counterfeit 
        obligation or other security of the United States; or
            ``(2) making, dealing, or possessing any plate, stone, or 
        other thing, or any part thereof, used to counterfeit such 
        obligation or security,
if such act would constitute a violation of section 471, 473, or 474 if 
committed within the United States, shall be fined under this title, 
imprisoned for not more than 15 years, or both.''.
    (b) Technical Amendments.--
            (1) Chapter analysis.--The chapter analysis for chapter 25 
        of title 18, United States Code, is amended by adding before 
        section 471 the following new item:

``470. Counterfeit acts committed outside the United States.''.
            (2) Part analysis.--The part analysis for part I of title 
        18, United States Code, is amended by amending the item for 
        chapter 25 to read as follows:

``25. Counterfeiting and forgery............................     470''.

SEC. 722. ECONOMIC TERRORISM TASK FORCE.

    (a) Establishment and Purpose.--There is established an Economic 
Terrorism Task Force to--
            (1) assess the threat of terrorist actions directed against 
        the United States economy, including actions directed against 
        the United States government and actions against United States 
        business interests;
            (2) assess the adequacy of existing policies and procedures 
        designed to prevent terrorist actions directed against the 
        United States economy; and
            (3) recommend administrative and legislative actions to 
        prevent terrorist actions directed against the United States 
        economy.
    (b) Membership.--The Economic Terrorism Task Force shall be chaired 
by the Secretary of State, or the Secretary's designee, and consist 
of--
            (1) the Director of Central Intelligence;
            (2) the Director of the Federal Bureau of Investigation;
            (3) the Director of the United States Secret Service;
            (4) the Administrator of the Federal Aviation 
        Administration;
            (5) the Chairman of the Board of Governors of the Federal 
        Reserve;
            (6) the Under Secretary of the Treasury for Finance; and
            (7) such other members of the Departments of Defense, 
        Justice, State, Treasury, or any other agency of the United 
        States government, as the Secretary of State may designate.
    (c) Administrative Provisions.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply with respect to the Economic Terrorism 
Task Force.
    (d) Report.--Not later than 180 days after the date of enactment of 
this Act, the chairman of the Economic Terrorism Task Force shall 
submit a report to the President and the Congress detailing the 
findings and recommendations of the task force. If the report of the 
task force is classified, an unclassified version shall be prepared for 
public distribution.

SEC. 723. TERRORIST DEATH PENALTY ACT.

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

SEC. 724. SENTENCING GUIDELINES INCREASE FOR TERRORIST CRIMES.

    The United States Sentencing Commission is directed to amend its 
sentencing guidelines to provide an appropriate enhancement for any 
felony, whether committed within or outside the United States, that 
involves or is intended to promote international terrorism, unless such 
involvement or intent is itself an element of the crime.

SEC. 725. ALIEN WITNESS COOPERATION.

    (a) Establishment of New Nonimmigrant Classification.--Section 
101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)) is amended--
            (1) by striking ``or'' at the end of subparagraph (Q),
            (2) by striking the period at the end of subparagraph (R) 
        and inserting ``; or'', and
            (3) by adding at the end the following new subparagraph:
            ``(S) subject to section 214(j), an alien--
                    ``(i) who the Attorney General determines--
                            ``(I) is in possession of critical reliable 
                        information concerning a criminal organization 
                        or enterprise, and
                            ``(II) is willing to supply such 
                        information to Federal or State law enforcement 
                        authorities or a Federal or State court of law, 
                        and
                    ``(ii) whose presence in the United States the 
                Attorney General determines is essential to the success 
                of an authorized criminal investigation or the 
                successful prosecution of an individual involved in the 
                criminal organization or enterprise,
        and the spouse and minor children of the alien if accompanying, 
        or following to join, the alien.''.
    (b) Conditions of Entry.--
            (1) Waiver of grounds for exclusion.--Section 212(d) of the 
        Immigration and Nationality Act (8 U.S.C. 1182(d)) is amended 
        by inserting before paragraph (2) the following new paragraph:
    ``(1) The Attorney General may, in the Attorney General's 
discretion, waive the application of subsection (a) (other than 
paragraph (3)(E) thereof) in the case of a nonimmigrant described in 
section 101(a)(15)(S), if the Attorney General deems it in the national 
interest. Any such waiver shall be deemed a waiver of any comparable 
ground for deportation under section 241(a)(1)(A).''.
            (2) Numerical limitations; period of admission; etc.--
        Section 214 of the Immigration and Nationality Act (8 U.S.C. 
        1184) is amended by adding at the end the following new 
        subsection:
    ``(j)(1) The number of aliens who may be provided a visa as 
nonimmigrants under section 101(a)(15)(S) in any fiscal year may not 
exceed 100.
    ``(2) No alien may be admitted into the United States as such a 
nonimmigrant more than 5 years after the date of the enactment of this 
subsection.
    ``(3) The period of admission of an alien as such a nonimmigrant 
may not exceed 3 years. Such period may not be extended by the Attorney 
General.
    ``(4) As a condition for the admission, and continued stay in 
lawful status, of such a nonimmigrant, the nonimmigrant--
            ``(A) shall report not less often than quarterly to the 
        Commissioner such information concerning the alien's 
        whereabouts and activities as the Attorney General may require,
            ``(B) may not be convicted of any criminal offense in the 
        United States after the date of such admission, and
            ``(C) must have executed a form that waives the 
        nonimmigrant's right to contest, other than on the basis of an 
        application for withholding of deportation, any action for 
        deportation of the alien instituted before the alien obtains 
        lawful permanent resident status.
    ``(5) The Attorney General shall submit a report annually to the 
Committees on the Judiciary of the House of Representatives and of the 
Senate concerning--
            ``(A) the number of such nonimmigrants admitted,
            ``(B) the number of successful criminal prosecutions or 
        investigations resulting from cooperation of such aliens,
            ``(C) the number of such nonimmigrants whose admission has 
        not resulted in successful criminal prosecution or 
        investigation, and
            ``(D) the number of such nonimmigrants who have failed to 
        report quarterly (as required under paragraph (4)) or who have 
        been convicted of crimes in the United States after the date of 
        their admission as such a nonimmigrant.''.
            (3) Prohibition of change of status.--Section 248(1) of the 
        Immigration and Nationality Act (8 U.S.C. 1258(1)) is amended 
        by striking ``or (K)'' and inserting ``(K), or (S)''.
    (c) Adjustment to Permanent Resident Status.--
            (1) In general.--Section 245 of the Immigration and 
        Nationality Act (8 U.S.C. 1255) is amended by adding at the end 
        the following new subsection:
    ``(h)(1) If, in the opinion of the Attorney General--
            ``(A) a nonimmigrant admitted into the United States under 
        section 101(a)(15)(S) has supplied information described in 
        clauses (i) and (ii) of that section, and
            ``(B) the provision of such information has substantially 
        contributed to the success of an authorized criminal 
        investigation or the successful prosecution of an individual 
        described in clause (ii) of that section,
the Attorney General may adjust the status of the alien (and the spouse 
and child of the alien if admitted under such section) to that of an 
alien lawfully admitted for permanent residence if the alien is not 
described in section 212(a)(3)(E).
    ``(2) Upon the approval of adjustment of status under paragraph 
(1), the Attorney General shall record the alien's lawful admission for 
permanent residence as of the date of such approval, and the Secretary 
of State shall reduce by 1 the number of visas authorized to be issued 
under section 201(d) and 203(b)(4) for the fiscal year then current.''.
            (2) Exclusive means of adjustment.--Section 245(c) of the 
        Immigration and Nationality Act (8 U.S.C. 1255(c)) is amended--
                    (A) by striking ``or'' before ``(3)'' and ``(4)''; 
                and
                    (B) by inserting before the period at the end the 
                following: ``; or (5) an alien who was admitted as a 
                nonimmigrant described in section 101(a)(15)(S)''.
    (d) Extending Period of Deportation for Conviction of a Crime.--
Section 241(a)(2)(A)(i)(I) of the Immigration and Nationality Act (8 
U.S.C. 1251(a)(2)(A)(i)(I)) is amended by inserting ``(or 10 years in 
the case of an alien provided lawful permanent resident status under 
section 245(h))'' after ``five years''.

SEC. 726. PROVIDING MATERIAL SUPPORT TO TERRORISTS.

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

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

              TITLE VIII--SEXUAL VIOLENCE AND CHILD ABUSE

                        Subtitle A--Sexual Abuse

SEC. 801. SEXUAL ABUSE AMENDMENTS.

    (a) Definitions of Sexual Act and Sexual Contact for Victims Under 
the Age of 16.--Paragraph (2) of section 2245 of  title 18, United 
States Code, is amended--
            (1) in subparagraph (B) by striking ``or'' after the 
        semicolon;
            (2) in subparagraph (C) by striking ``; and'' and inserting 
        ``; or''; and
            (3) by inserting a new subparagraph (D) as follows:
                    ``(D) the intentional touching, not through the 
                clothing, of the genitalia of another person who has 
                not attained the age of 16 years with an intent to 
                abuse, humiliate, harass, degrade, or arouse or gratify 
                the sexual desire of any person;''.

                      Subtitle B--Child Protection

SEC. 811. SHORT TITLE.

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

SEC. 812. PURPOSES.

    The purposes of this subtitle are--
            (1) to establish a national system through which child care 
        organizations may obtain the benefit of a nationwide criminal 
        background check to determine if persons who are current or 
        prospective child care providers have committed child abuse 
        crimes or other serious crimes;
            (2) to establish minimum criteria for State laws and 
        procedures that permit child care organizations to obtain the 
        benefit of nationwide criminal background checks to determine 
        if persons who are current or prospective child care providers 
        have committed child abuse crimes or other serious crimes;
            (3) to provide procedural rights for persons who are 
        subject to nationwide criminal background checks, including 
        procedures to challenge and correct inaccurate background check 
        information;
            (4) to establish a national system for the reporting by the 
        States of child abuse crime information; and
            (5) to document and study the problem of child abuse by 
        providing statistical and informational data on child abuse and 
        related crimes to the Department of Justice and other 
        interested parties.

SEC. 813. DEFINITIONS.

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

SEC. 814. REPORTING BY THE STATES.

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

SEC. 815. BACKGROUND CHECKS.

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

SEC. 816. FUNDING FOR IMPROVEMENT OF CHILD ABUSE CRIME INFORMATION.

    (a) Use of Formula Grants for Improvements in State Records and 
Systems.--Section 509(b) of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3759(b)) is amended--
            (1) in paragraph (2) by striking ``and'' after the 
        semicolon;
            (2) in paragraph (3) by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(4) the improvement of State record systems and the 
        sharing of all of the records described in paragraphs (1), (2), 
        and (3) and the records required by the Attorney General under 
        section 914 of the National Child Protection Act of 1993 with 
        the Attorney General for the purpose of implementing the 
        National Child Protection Act of 1993.''.
    (b) Additional Funding Grants for the Improvement of Child Abuse 
Crime Information.--(1) The Attorney General shall, subject to 
appropriations and with preference to States that as of the date of 
enactment of this Act have the lowest percent currency of case 
dispositions in computerized criminal history files, make a grant to 
each State to be used--
            (A) for the computerization of criminal history files for 
        the purposes of this subtitle;
            (B) for the improvement of existing computerized criminal 
        history files for the purposes of this subtitle;
            (C) to improve accessibility to the national criminal 
        background check system for the purposes of this subtitle; and
            (D) to assist the State in the transmittal of criminal 
        records to, or the indexing of criminal history record in, the 
        national criminal background check system for the purposes of 
        this subtitle.
    (2) There are authorized to be appropriated for grants under 
paragraph (1) a total of $20,000,000 for fiscal years 1995, 1996, and 
1997.
    (c) Withholding State Funds.--Effective 1 year after the date of 
enactment of this Act, the Attorney General may reduce by up to 10 
percent the allocation to a State for a fiscal year under title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 of a State that 
is not in compliance with the timetable established for that State 
under section 914 of this Act.

                  Subtitle C--Crimes Against Children

SEC. 821. SHORT TITLE.

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

SEC. 822. ESTABLISHMENT OF PROGRAM.

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

SEC. 823. STATE COMPLIANCE.

    (a) Compliance Date.--Each State shall have 3 years from the date 
of enactment of this Act in which to implement the provisions of this 
subtitle.
    (b) Ineligibility for Funds.--The allocation of funds under section 
506 of title I of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3756) received by a State not complying with this 
subtitle 3 years after the date of enactment of this Act shall be 
reduced by 10 percent and the unallocated funds shall be reallocated to 
the States in compliance with this section.

                        TITLE IX--CRIME VICTIMS

                      Subtitle A--Victims' Rights

SEC. 901. VICTIM'S RIGHT OF ALLOCUTION IN SENTENCING.

    Rule 32 of the Federal Rules of Criminal Procedure is amended by--
            (1) striking ``and'' following the semicolon in subdivision 
        (a)(1)(B);
            (2) striking the period at the end of subdivision (a)(1)(C) 
        and inserting in lieu thereof ``; and'';
            (3) inserting after subdivision (a)(1)(C) the following:
                    ``(D) if sentence is to be imposed for a crime of 
                violence or sexual abuse, address the victim personally 
                if the victim is present at the sentencing hearing and 
                determine if the victim wishes to make a statement and 
                to present any information in relation to the 
                sentence.'';
            (4) in the second to last sentence of subdivision (a)(1), 
        striking ``equivalent opportunity'' and inserting in lieu 
        thereof ``opportunity equivalent to that of the defendant's 
        counsel'';
            (5) in the last sentence of subdivision (a)(1) inserting 
        ``the victim,'' before ``or the attorney for the Government.''; 
        and
            (6) adding at the end the following:
    ``(f) Definitions.--For purposes of this rule--
            ``(1) `victim' means any individual against whom an offense 
        for which a sentence is to be imposed has been committed, but 
        the right of allocution under subdivision (a)(1)(D) may be 
        exercised instead by--
                    ``(A) a parent or legal guardian in case the victim 
                is below the age of eighteen years or incompetent; or
                    ``(B) one or more family members or relatives 
                designated by the court in case the victim is deceased 
                or incapacitated;
        if such person or persons are present at the sentencing 
        hearing, regardless of whether the victim is present; and
            ``(2) `crime of violence or sexual abuse' means a crime 
        that involved the use or attempted or threatened use of 
        physical force against the person or property of another, or a 
        crime under chapter 109A of title 18, United States Code.''.

SEC. 902. MANDATORY RESTITUTION AND OTHER PROVISIONS.

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

                    Subtitle B--Crime Victims' Fund

SEC. 911. AMOUNTS OF FUNDS FOR COSTS AND GRANTS.

    Section 1402(d)(2) of the Victims of Crime Act of 1984 (42 U.S.C. 
10601(d)(2)) is amended--
            (1) by striking ``and'' at the end of subparagraph (A);
            (2) by striking the period at the end of subparagraph (B) 
        and inserting a semicolon; and
            (3) by adding at the end the following new subparagraphs:
                    ``(C) 1 percent shall be available for grants under 
                section 1404(c); and
                    ``(D) 4.5 percent shall be available for grants as 
                provided in section 1404A.''.

SEC. 912. RELATIONSHIP OF CRIME VICTIM COMPENSATION TO CERTAIN FEDERAL 
              PROGRAMS.

    Section 1403 of the Victims of Crime Act of 1984 (42 U.S.C. 10602) 
is amended by adding at the end the following:
    ``(e) Notwithstanding any other provision of law, if the 
compensation paid by an eligible crime victim compensation program 
would cover costs that a Federal program, or a federally financed State 
or local program, would otherwise pay, then--
            ``(1) such crime victim compensation program shall not pay 
        that compensation; and
            ``(2) the other program shall make its payments without 
        regard to the existence of the crime victim compensation 
        program.''.

SEC. 913. ADMINISTRATIVE COSTS FOR CRIME VICTIM COMPENSATION.

    (a) Creation of Exception.--The final sentence of section 
1403(a)(1) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(a)(1)) 
is amended by striking ``A grant'' and inserting ``Except as provided 
in paragraph (3), a grant''.
    (b) Requirements of Exception.--Section 1403(a) of the Victims of 
Crime Act of 1984 (42 U.S.C. 10602(a)) is amended by adding at the end 
the following new paragraph:
            ``(3) Not more than 5 percent of a grant made under this 
        section may be used for the administration of the State crime 
        victim compensation program receiving the grant.''.

SEC. 914. USE OF UNSPENT 1402(d)(2) MONEY.

    Section 1404(a)(1) of the Victims of Crime Act of 1984 (42 U.S.C. 
10603(a)(1)) is amended--
            (1) by striking ``or for the purpose of grants under 
        section 1403 but not used for that purpose''; and
            (2) by adding at the end the following:
``The Director, in the Director's discretion, may use amounts made 
available under section 1402(d)(2) for the purposes of grants under 
section 1403 but not used for that purpose, for grants under this 
subsection, either in the year such amounts are not so used, or the 
next year.''.

SEC. 915. GRANTS FOR DEMONSTRATION PROJECTS.

    Section 1404(c)(1)(A) of the Victims of Crime Act of 1984 (42 
U.S.C. 10603(c)(1)(A)) is amended by inserting ``demonstration projects 
and'' before ``training''.

SEC. 916. ADMINISTRATIVE COSTS FOR CRIME VICTIM ASSISTANCE.

    (a) Creation of Exception.--Section 1404(b)(2) of the Victims of 
Crime Act of 1984 (42 U.S.C. 10603(b)(2)) is amended by striking ``An 
eligible'' and inserting ``Except as provided in paragraph (3), an 
eligible''.
    (b) Requirements of Exception.--Section 1404(b) of the Victims of 
Crime Act of 1984 (42 U.S.C. 10603(b)) is amended by adding at the end 
the following new subsection:
            ``(3) Not more than 5 percent of sums received under 
        subsection (a) may be used for the administration of the State 
        crime victim assistance program receiving such sums.''.

SEC. 917. MAINTENANCE OF EFFORT.

    Section 1407 of the Victims of Crime Act of 1984 (42 U.S.C. 10604) 
is amended by adding at the end the following new subsection:
    ``(h) Each entity receiving sums made available under this Act for 
administrative purposes shall certify that such sums will not be used 
to supplant State or local funds, but will be used to increase the 
amount of such funds that would, in the absence of Federal funds, be 
made available for these purposes.''.

                TITLE X--STATE AND LOCAL LAW ENFORCEMENT

                     Subtitle A--DNA Identification

SEC. 1001. SHORT TITLE.

    This subtitle may be cited as the ``DNA Identification Act of 
1993''.

SEC. 1002. FUNDING TO IMPROVE THE QUALITY AND AVAILABILITY OF DNA 
              ANALYSES FOR LAW ENFORCEMENT IDENTIFICATION PURPOSES.

    (a) Drug Control and System Improvement Grant Program.--Section 
501(b) of title I of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3751(b)) is amended--
            (1) by striking ``and'' at the end of paragraph (20);
            (2) by striking the period at the end of paragraph (21) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(22) developing or improving in a forensic laboratory a 
        capability to analyze deoxyribonucleic acid (hereinafter in 
        this title referred to as `DNA') for identification 
        purposes.''.
    (b) State Applications.--Section 503(a) of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3753(a)) is 
amended by adding at the end the following new paragraph:
            ``(12) If any part of funds received from a grant made 
        under this part is to be used to develop or improve a DNA 
        analysis capability in a forensic laboratory, a certification 
        that--
                    ``(A) DNA analyses performed at such laboratory 
                will satisfy or exceed then current standards for a 
                quality assurance program for DNA analysis, issued by 
                the Director of the Federal Bureau of Investigation 
                under section 1003 of the DNA Identification Act of 
                1993;
                    ``(B) DNA samples obtained by, and DNA analyses 
                performed at, such laboratory will be accessible only--
                            ``(i) to criminal justice agencies for law 
                        enforcement identification purposes;
                            ``(ii) in judicial proceedings, if 
                        otherwise admissible pursuant to applicable 
                        statutes or rules;
                            ``(iii) for criminal defense purposes, to a 
                        defendant, who shall have access to samples and 
                        analyses performed in connection with the case 
                        in which such defendant is charged; or
                            ``(iv) if personally identifiable 
                        information is removed, for a population 
                        statistics database, for identification 
                        research and protocol development purposes, or 
                        for quality control purposes; and
                    ``(C) such laboratory, and each analyst performing 
                DNA analyses at such laboratory, will undergo, at 
                regular intervals of not to exceed 180 days, external 
                proficiency testing by a DNA proficiency testing 
                program meeting the standards issued under section 1003 
                of the DNA Identification Act of 1993.''.
    (c) DNA Identification Grants.--
            (1) Part x.--Title I of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by 
        section 2802(a), is amended--
                    (A) by redesignating part X as part Y,
                    (B) by redesignating section 2401 as section 2501; 
                and
                    (C) by inserting after part W the following new 
                part:

                  ``PART X--DNA IDENTIFICATION GRANTS

``SEC. 2401. GRANT AUTHORIZATION.

    ``The Director may make funds available under this part to States 
and units of local government, or combinations thereof, to carry out 
all or a substantial part of a program or project intended to develop 
or improve the capability to analyze deoxyribonucleic acid (referred to 
in this part as ``DNA'') in a forensic laboratory.

``SEC. 2402. APPLICATIONS.

    ``To request a grant under this part, the chief executive officer 
of a State or unit of local government shall submit an application in 
such form as the Director may require.

``SEC. 2403. APPLICATION REQUIREMENTS.

    ``No grant may be made under this part unless an application has 
been submitted to the Director in which the applicant certifies that--
            ``(1) DNA analyses performed at the laboratory will satisfy 
        or exceed then current standards for a quality assurance 
        program for DNA analysis issued by the Director of the Federal 
        Bureau of Investigation under section 1003 of the DNA 
        Identification Act of 1993.
            ``(2) DNA samples obtained by and DNA analyses performed at 
        the laboratory shall be made available only--
                    ``(A) to criminal justice agencies for law 
                enforcement identification purposes;
                    ``(B) in judicial proceedings, if otherwise 
                admissible pursuant to applicable statutes or rules;
                    ``(C) for criminal defense purposes, to a 
                defendant, who shall have access to samples and 
                analyses performed in connection with the case in which 
                the defendant is charged; and
                    ``(D) to others, if personally identifiable 
                information is removed, for a population statistics 
                database, for identification research and protocol 
                development purposes, or for quality control purposes; 
                and
            ``(3) the laboratory and each analyst performing DNA 
        analyses at the laboratory shall undergo, at regular intervals 
        not exceeding 180 days, external proficiency testing by a DNA 
        proficiency testing program that meets the standards issued 
        under section 1003 of the DNA Identification Act of 1993.

``SEC. 2404. ADMINISTRATIVE PROVISIONS.

    ``(a) Regulation Authority.--The Director may promulgate 
guidelines, regulations, and procedures, as necessary to carry out the 
purposes of this part, including limitations on the number of awards 
made during each fiscal year, the submission and review of 
applications, selection criteria, and the extension or continuation of 
awards.
    ``(b) Award Authority.--The Director shall have final authority 
over all funds awarded under this part.
    ``(c) Technical Assistance.--To assist and measure the 
effectiveness and performance of programs and activities funded under 
this part, the Director shall provide technical assistance as required.

``SEC. 2405. RESTRICTIONS ON USE OF FUNDS.

    ``(a) Federal Share.--The Federal share of a grant, contract, or 
cooperative agreement made under this part may not exceed 75 percent of 
the total costs of the project described in the application submitted 
for the fiscal year for which the project receives assistance.
    ``(b) Administrative Costs.--A State or unit of local government 
may not use more than 10 percent of the funds it receives from this 
part for administrative expenses.

``SEC. 2406. REPORTS.

    ``(a) Reports to Director.--Each State or unit of local government 
which receives a grant under this part shall submit to the Director, 
for each year in which funds from a grant received under this part is 
expended, a report at such time and in such manner as the Director may 
reasonably require which contains--
            ``(1) a summary of the activities carried out under the 
        grant and an assessment of whether such activities are meeting 
        the needs identified in the application submitted under section 
        2402; and
            ``(2) such other information as the Director may require.
    ``(b) Reports to Congress.--Not later than 90 days after the end of 
each fiscal year for which grants are made under this part, the 
Director shall submit to the Speaker of the House of Representatives 
and the President pro tempore of the Senate, a report that includes--
            ``(1) the aggregate amount of grants made under this part 
        to each State or unit of local government for such fiscal year; 
        and
            ``(2) a summary of the information provided in compliance 
        with subsection (a)(1).

``SEC. 2407. EXPENDITURE RECORDS.

    ``(a) Records.--Each State or unit of local government which 
receives a grant under this part shall keep records as the Director may 
require to facilitate an effective audit.
    ``(b) Access.--The Director, the Comptroller General, or their 
designated agents shall have access, for the purpose of audit and 
examination, to any books, documents, and records of States and units 
of local government which receive grants made under this part if, in 
the opinion of the Director, the Comptroller General, or their 
designated agents, such books, documents, and records are related to 
the receipt or use of any such grant.''.
            (2) Table of contents.--The table of contents of title I of 
        the Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3711 et seq.), as amended by section 2802(c), is amended 
        by striking the matter relating to part W and inserting the 
        following:

                  ``Part X--DNA Identification Grants

``Sec. 2401. Grant Authorization.
``Sec. 2402. Applications.
``Sec. 2403. Application requirements.
``Sec. 2404. Administrative provisions.
``Sec. 2405. Restrictions on use of funds.
``Sec. 2406. Reports.
``Sec. 2407. Expenditure records.
             ``Part Y--Transition; Effective Date; Repealer

``Sec. 2501. Continuation of rules, authorities, and proceedings.''.
            (3) Authorization of appropriations.--Section 1001 of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3793), as amended by section 2802(c), is amended--
                    (A) in paragraph (3) by striking ``and W'' and 
                inserting ``W, and X''; and
                    (B) adding at the end the following new paragraph:
            ``(18) There are authorized to be appropriated to carry out 
        part X $5,000,000 for each of fiscal years 1994, 1995, 1996, 
        1997, 1998, and 1999.''.
            (4) Effective date.--The amendments made by this section 
        shall take effect on the date that is 60 days after the date of 
        enactment of this Act.

SEC. 1003. QUALITY ASSURANCE AND PROFICIENCY TESTING STANDARDS.

    (a) Publication of Quality Assurance and Proficiency Testing 
Standards.--(1)(A) Not later than 180 days after the date of enactment 
of this Act, the Director of the Federal Bureau of Investigation shall 
appoint an advisory board on DNA quality assurance methods from among 
nominations proposed by the head of the National Academy of Sciences 
and professional societies of crime laboratory officials.
    (B) The advisory board shall include as members scientists from 
State, local, and private forensic laboratories, molecular geneticists 
and population geneticists not affiliated with a forensic laboratory, 
and a representative from the National Institute of Standards and 
Technology.
    (C) The advisory board shall develop, and if appropriate, 
periodically revise, recommended standards for quality assurance, 
including standards for testing the proficiency of forensic 
laboratories, and forensic analysts, in conducting analyses of DNA.
    (2) The Director of the Federal Bureau of Investigation, after 
taking into consideration such recommended standards, shall issue (and 
revise from time to time) standards for quality assurance, including 
standards for testing the proficiency of forensic laboratories, and 
forensic analysts, in conducting analyses of DNA.
    (3) The standards described in paragraphs (1) and (2) shall specify 
criteria for quality assurance and proficiency tests to be applied to 
the various types of DNA analyses used by forensic laboratories. The 
standards shall also include a system for grading proficiency testing 
performance to determine whether a laboratory is performing acceptably.
    (4) Until such time as the advisory board has made recommendations 
to the Director of the Federal Bureau of Investigation and the Director 
has acted upon those recommendations, the quality assurance guidelines 
adopted by the technical working group on DNA analysis methods shall be 
deemed the Director's standards for purposes of this section.
    (b) Administration of the Advisory Board.--(1) For administrative 
purposes, the advisory board appointed under subsection (a) shall be 
considered an advisory board to the Director of the Federal Bureau of 
Investigation.
    (2) Section 14 of the Federal Advisory Committee Act (5 U.S.C. 
App.) shall not apply with respect to the advisory board appointed 
under subsection (a).
    (3) The DNA advisory board established under this section shall be 
separate and distinct from any other advisory board administered by the 
FBI, and is to be administered separately.
    (4) The board shall cease to exist on the date 5 years after the 
initial appointments are made to the board, unless the existence of the 
board is extended by the Director of the Federal Bureau of 
Investigation.
    (c) Proficiency Testing Program.--(1) Not later than 1 year after 
the effective date of this Act, the Director of the National Institute 
of Justice shall certify to the Committees on the Judiciary of the 
House and Senate that--
            (A) the Institute has entered into a contract with an 
        appropriate entity for establishing a blind external 
        proficiency testing program for DNA analyses, which shall be 
        available to public and private laboratories performing 
        forensic DNA analyses;
            (B) a blind external proficiency testing program for DNA 
        analyses is already readily available to public and private 
        laboratories performing forensic DNA analyses; or
            (C) it is not feasible to have blind external testing for 
        DNA forensic analyses.
    (2) As used in this subsection, the term ``blind external 
proficiency test'' means a test that is presented to a forensic 
laboratory through a second agency and appears to the analysts to 
involve routine evidence.
    (3) Notwithstanding any other provision of law, the Director of the 
Bureau of Justice Assistance may make available to the Director of the 
National Institute of Justice during the first fiscal year in which 
funds are distributed under this subtitle up to $250,000 from the funds 
available under part Y of Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 to carry out this subsection.

SEC. 1004. INDEX TO FACILITATE LAW ENFORCEMENT EXCHANGE OF DNA 
              IDENTIFICATION INFORMATION.

    (a) Establishment of Index.--The Director of the Federal Bureau of 
Investigation may establish an index of--
            (1) DNA identification records of persons convicted of 
        crimes;
            (2) analyses of DNA samples recovered from crime scenes; 
        and
            (3) analyses of DNA samples recovered from unidentified 
        human remains.
    (b) Information.--The index described in subsection (a) shall 
include only information on DNA identification records and DNA analyses 
that are--
            (1) based on analyses performed by or on behalf of a 
        criminal justice agency in accordance with publicly available 
        standards that satisfy or exceed the guidelines for a quality 
        assurance program for DNA analysis, issued by the Director of 
        the Federal Bureau of Investigation under section 1003;
            (2) prepared by laboratories, and DNA analysts, that 
        undergo, at regular intervals of not to exceed 180 days, 
        external proficiency testing by a DNA proficiency testing 
        program meeting the standards issued under section 1003; and
            (3) maintained by Federal, State, and local criminal 
        justice agencies pursuant to rules that allow disclosure of 
        stored DNA samples and DNA analyses only--
                    (A) to criminal justice agencies for law 
                enforcement identification purposes;
                    (B) in judicial proceedings, if otherwise 
                admissible pursuant to applicable statutes or rules;
                    (C) for criminal defense purposes, to a defendant, 
                who shall have access to samples and analyses performed 
                in connection with the case in which such defendant is 
                charged; or
                    (D) if personally identifiable information is 
                removed, for a population statistics database, for 
                identification research and protocol development 
                purposes, or for quality control purposes.
    (c) Failure To Comply.--The exchange of records authorized by this 
section is subject to cancellation if the quality control and privacy 
requirements described in subsection (b) are not met.

SEC. 1005. FEDERAL BUREAU OF INVESTIGATION.

    (a) Proficiency Testing Requirements.--
            (1) Generally.--(A) Personnel at the Federal Bureau of 
        Investigation who perform DNA analyses shall undergo, at 
        regular intervals of not to exceed 180 days, external 
        proficiency testing by a DNA proficiency testing program 
        meeting the standards issued under section 1003.
            (B) Within 1 year after the date of enactment of this Act, 
        the Director of the Federal Bureau of Investigation shall 
        arrange for periodic blind external tests to determine the 
        proficiency of DNA analysis performed at the Federal Bureau of 
        Investigation laboratory.
            (C) In this paragraph, ``blind external test'' means a test 
        that is presented to the laboratory through a second agency and 
        appears to the analysts to involve routine evidence.
            (2) Report.--For 5 years after the date of enactment of 
        this Act, the Director of the Federal Bureau of Investigation 
        shall submit to the Committees on the Judiciary of the House 
        and Senate an annual report on the results of each of the tests 
        described in paragraph (1).
    (b) Privacy Protection Standards.--
            (1) Generally.--Except as provided in paragraph (2), the 
        results of DNA tests performed for a Federal law enforcement 
        agency for law enforcement purposes may be disclosed only--
                    (A) to criminal justice agencies for law 
                enforcement identification purposes;
                    (B) in judicial proceedings, if otherwise 
                admissible pursuant to applicable statues or rules; and
                    (C) for criminal defense purposes, to a defendant, 
                who shall have access to samples and analyses performed 
                in connection with the case in which such defendant is 
                charged.
            (2) Exception.--If personally identifiable information is 
        removed, test results may be disclosed for a population 
        statistics database, for identification research and protocol 
        development purposes, or for quality control purposes.
    (c) Criminal Penalty.--(1) A person who--
            (A) by virtue of employment or official position, has 
        possession of, or access to, individually identifiable DNA 
        information indexed in a database created or maintained by any 
        Federal law enforcement agency; and
            (B) willfully discloses such information in any manner to 
        any person or agency not entitled to receive it,
shall be fined not more than $100,000.
    (2) A person who, without authorization, willfully obtains DNA 
samples or individually identifiable DNA information indexed in a 
database created or maintained by any Federal law enforcement agency 
shall be fined not more than $100,000.

SEC. 1006. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Federal Bureau of 
Investigation to carry out sections 1003, 1004, and 1005 $4,500,000 for 
each of fiscal years 1994, 1995, 1996, 1997, 1998, and 1999.

 Subtitle B--Department of Justice Community Substance Abuse Prevention

SEC. 1011. SHORT TITLE.

    This section may be cited as the ``Department of Justice Community 
Substance Abuse Prevention Act of 1993''.

SEC. 1012. COMMUNITY PARTNERSHIPS.

    (a) In General.--Part E of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding 
at the end the following new subpart:

          ``Subpart 4--Community Coalitions on Substance Abuse

                   ``grants to combat substance abuse

    ``Sec. 531. (a) Definition.--As used in this section, the term 
`eligible coalition' means an association, consisting of at least 7 
organizations, agencies, and individuals that are concerned about 
preventing substance abuse, that shall include--
            ``(1) public and private organizations and agencies that 
        represent law enforcement, schools, health and social service 
        agencies, and community-based organizations; and
            ``(2) representatives of 3 of the following groups: the 
        clergy, academia, business, parents, youth, the media, civic 
        and fraternal groups, or other nongovernmental interested 
        parties.
    ``(b) Grant Program.--The Attorney General, acting through the 
Director of the Bureau of Justice Assistance, and the appropriate State 
agency, may make grants to eligible coalitions in order to--
            ``(1) plan and implement comprehensive long-term strategies 
        for substance abuse prevention;
            ``(2) develop a detailed assessment of existing substance 
        abuse prevention programs and activities to determine community 
        resources and to identify major gaps and barriers in such 
        programs and activities;
            ``(3) identify and solicit funding sources to enable such 
        programs and activities to become self-sustaining;
            ``(4) develop a consensus regarding the priorities of a 
        community concerning substance abuse;
            ``(5) develop a plan to implement such priorities; and
            ``(6) coordinate substance abuse services and activities, 
        including prevention activities in the schools or communities 
        and substance abuse treatment programs.
    ``(c) Community Participation.--In developing and implementing a 
substance abuse prevention program, a coalition receiving funds under 
subsection (b) shall--
            ``(1) emphasize and encourage substantial voluntary 
        participation in the community, especially among individuals 
        involved with youth such as teachers, coaches, parents, and 
        clergy; and
            ``(2) emphasize and encourage the involvement of 
        businesses, civic groups, and other community organizations and 
        members.
    ``(d) Application.--An eligible coalition shall submit an 
application to the Attorney General and the appropriate State agency in 
order to receive a grant under this section. Such application shall--
            ``(1) describe and, to the extent possible, document the 
        nature and extent of the substance abuse problem, emphasizing 
        who is at risk and specifying which groups of individuals 
        should be targeted for prevention and intervention;
            ``(2) describe the activities needing financial assistance;
            ``(3) identify participating agencies, organizations, and 
        individuals;
            ``(4) identify the agency, organization, or individual that 
        has responsibility for leading the coalition, and provide 
        assurances that such agency, organization or individual has 
        previous substance abuse prevention experience;
            ``(5) describe a mechanism to evaluate the success of the 
        coalition in developing and carrying out the substance abuse 
        prevention plan referred to in subsection (b)(5) and to report 
        on such plan to the Attorney General on an annual basis; and
            ``(6) contain such additional information and assurances as 
        the Attorney General and the appropriate State agency may 
        prescribe.
    ``(e) Priority.--In awarding grants under this section, the 
Attorney General and the appropriate State agency shall give priority 
to a community that--
            ``(1) provides evidence of significant substance abuse;
            ``(2) proposes a comprehensive and multifaceted approach to 
        eliminating substance abuse;
            ``(3) encourages the involvement of businesses and 
        community leaders in substance abuse prevention activities;
            ``(4) demonstrates a commitment and a high priority for 
        preventing substance abuse; and
            ``(5) demonstrates support from the community and State and 
        local agencies for efforts to eliminate substance abuse.
    ``(f) Review.--Each coalition receiving money pursuant to the 
provisions of this section shall submit an annual report to the 
Attorney General, and the appropriate State agency, evaluating the 
effectiveness of the plan described in subsection (b)(5) and containing 
such additional information as the Attorney General, or the appropriate 
State agency, may prescribe. The Attorney General, in conjunction with 
the Director of the Bureau of Justice Assistance, and the appropriate 
State agency, shall submit an annual review to the Committee on the 
Judiciary of the Senate and the Committee on the Judiciary of the House 
of Representatives. Such review shall--
            ``(1) evaluate the grant program established in this 
        section to determine its effectiveness;
            ``(2) implement necessary changes to the program that can 
        be done by the Attorney General; and
            ``(3) recommend any statutory changes that are necessary.
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $15,000,000 for fiscal year 
1995, $20,000,000 for fiscal year 1996, and $25,000,000 for fiscal year 
1997.''.
    (b) Technical Amendment.--The table of contents of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et 
seq.) is amended by inserting after the item relating to section 522 
the following:

          ``subpart 4--community coalition on substance abuse

``Sec. 531. Grants to combat substance abuse.''.

            Subtitle C--Racial and Ethnic Bias Study Grants

SEC. 1021. STUDY GRANTS.

    (a) Findings.--The Congress finds that--
            (1) equality under law is tested most profoundly by whether 
        a legal system tolerates race playing a role in the criminal 
        justice system; and
            (2) States should examine their criminal justice systems in 
        order to ensure that racial and ethnic bias has no part in such 
        criminal justice systems.
    (b) Authorization of Grant Program.--
            (1) In general.--The Attorney General, acting through the 
        Bureau of Justice Assistance, may make grants to States that 
        have established by State law or by the court of last resort a 
        plan for analyzing the role of race in that State's criminal 
        justice system. Such plan shall include recommendations 
        designed to correct any findings that racial and ethnic bias 
        plays such a role.
            (2) Criteria for grants.--Grants under this subsection 
        shall be awarded based upon criteria established by the 
        Attorney General. In establishing the criteria, the Attorney 
        General shall take into consideration the population of the 
        respective States, the racial and ethnic composition of the 
        population of the States, and the crime rates of the States.
            (3) Reports by states.--Recipients of grants under this 
        subsection shall report the findings and recommendations of 
        studies funded by grants under this subsection to the Congress 
        within reasonable time limits established by the Attorney 
        General.
            (4) Reimbursement of states.--Grants may be made to 
        reimburse States for work started prior to the date of 
        enactment of this Act.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $2,000,000 for each of fiscal 
years 1995, 1996, 1997, 1998, and 1999.

            TITLE XI--PROVISIONS RELATING TO POLICE OFFICERS

               Subtitle A--Law Enforcement Family Support

SEC. 1101. LAW ENFORCEMENT FAMILY SUPPORT.

    (a) In General.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 
309(b)(1), is amended--
            (1) by redesignating part S as part T;
            (2) by redesignating section 1901 as 2001; and
            (3) by inserting after part R the following new part:

                        ``PART S--FAMILY SUPPORT

``SEC. 1901. DUTIES OF DIRECTOR.

    ``The Director shall--
            ``(1) establish guidelines and oversee the implementation 
        of family-friendly policies within law enforcement-related 
        offices and divisions in the Department of Justice;
            ``(2) study the effects of stress on law enforcement 
        personnel and family well-being and disseminate the findings of 
        such studies to Federal, State, and local law enforcement 
        agencies, related organizations, and other interested parties;
            ``(3) identify and evaluate model programs that provide 
        support services to law enforcement personnel and families;
            ``(4) provide technical assistance and training programs to 
        develop stress reduction and family support to State and local 
        law enforcement agencies;
            ``(5) collect and disseminate information regarding family 
        support, stress reduction, and psychological services to 
        Federal, State, and local law enforcement agencies, law 
        enforcement-related organizations, and other interested 
        entities; and
            ``(6) determine issues to be researched by the Bureau and 
        by grant recipients.

``SEC. 1902. GENERAL AUTHORIZATION.

    ``The Director may make grants to States and local law enforcement 
agencies and to organizations representing State or local law 
enforcement personnel to provide family support services to law 
enforcement personnel.

``SEC. 1903. USES OF FUNDS.

    ``(a) In General.--A State or local law enforcement agency or 
organization that receives a grant under this Act shall use amounts 
provided under the grant to establish or improve training and support 
programs for law enforcement personnel.
    ``(b) Required Activities.--A law enforcement agency or 
organization that receives funds under this part shall provide at least 
one of the following services:
            ``(1) Counseling for law enforcement family members.
            ``(2) Child care on a 24-hour basis.
            ``(3) Marital and adolescent support groups.
            ``(4) Stress reduction programs.
            ``(5) Stress education for law enforcement recruits and 
        families.
            ``(6) Provide technical assistance and training programs to 
        support any or all of the services described in paragraphs (1), 
        (2), (3), (4), and (5).
    ``(c) Optional Activities.--A law enforcement agency or 
organization that receives funds under this part may provide the 
following services:
            ``(1) Post-shooting debriefing for officers and their 
        spouses.
            ``(2) Group therapy.
            ``(3) Hypertension clinics.
            ``(4) Critical incident response on a 24-hour basis.
            ``(5) Law enforcement family crisis telephone services on a 
        24-hour basis.
            ``(6) Counseling for law enforcement personnel exposed to 
        the human immunodeficiency virus.
            ``(7) Counseling for peers.
            ``(8) Counseling for families of personnel killed in the 
        line of duty.
            ``(9) Seminars regarding alcohol, drug use, gambling, and 
        overeating.
            ``(10) Technical assistance and training to support any or 
        all of the services described in paragraphs (1), (2), (3), (4), 
        (5), (6), (7), (8), and (9).

``SEC. 1904. APPLICATIONS.

    ``A law enforcement agency or organization desiring to receive a 
grant under this part shall submit to the Director an application at 
such time, in such manner, and containing or accompanied by such 
information as the Director may reasonably require. Such application 
shall--
            ``(1) certify that the law enforcement agency shall match 
        all Federal funds with an equal amount of cash or in-kind goods 
        or services from other non-Federal sources;
            ``(2) include a statement from the highest ranking law 
        enforcement official from the State or locality or from the 
        highest ranking official from the organization applying for the 
        grant that attests to the need and intended use of services to 
        be provided with grant funds; and
            ``(3) assure that the Director or the Comptroller General 
        of the United States shall have access to all records related 
        to the receipt and use of grant funds received under this part.

``SEC. 1905. AWARD OF GRANTS; LIMITATION.

    ``(a) Grant Distribution.--In approving grants under this part, the 
Director shall assure an equitable distribution of assistance among the 
States, among urban and rural areas of the United States, and among 
urban and rural areas of a State.
    ``(b) Duration.--The Director may award a grant each fiscal year, 
not to exceed $100,000 to a State or local law enforcement agency or 
$250,000 to a law enforcement organization for a period not to exceed 5 
years. In any application from a State or local law enforcement agency 
or organization for a grant to continue a program for the second, 
third, fourth, or fifth fiscal year following the first fiscal year in 
which a grant was awarded to such agency, the Director shall review the 
progress made toward meeting the objectives of the program. The 
Director may refuse to award a grant if the Director finds sufficient 
progress has not been made toward meeting such objectives, but only 
after affording the applicant notice and an opportunity for 
reconsideration.
    ``(c) Limitation.--Not more than 10 percent of grant funds received 
by a State or a local law enforcement agency or organization may be 
used for administrative purposes.

``SEC. 1906. DISCRETIONARY RESEARCH GRANTS.

    ``The Director may reserve 10 percent of funds to award research 
grants to a State or local law enforcement agency or organization to 
study issues of importance in the law enforcement field as determined 
by the Director.

``SEC. 1907. REPORTS.

    ``(a) Report From Grant Recipients.--A State or local law 
enforcement agency or organization that receives a grant under this 
part shall submit to the Director an annual report that includes--
            ``(1) program descriptions;
            ``(2) the number of staff employed to administer programs;
            ``(3) the number of individuals who participated in 
        programs; and
            ``(4) an evaluation of the effectiveness of grant programs.
    ``(b) Report From Director.--(1) The Director shall submit to the 
Congress a report not later than March 31 of each fiscal year.
    ``(2) Such report shall contain--
            ``(A) a description of the types of projects developed or 
        improved through funds received under this part;
            ``(B) a description of exemplary projects and activities 
        developed;
            ``(C) a designation of the family relationship to the law 
        enforcement personnel of individuals served; and
            ``(D) the number of individuals served in each location and 
        throughout the country.

``SEC. 1908. DEFINITIONS.

    ``For purposes of this part--
            ``(1) the term `family-friendly policy' means a policy to 
        promote or improve the morale and well being of law enforcement 
        personnel and their families; and
            ``(2) the term `law enforcement personnel' means 
        individuals employed by Federal, State, and local law 
        enforcement agencies.''.
    (b) Technical Amendment.--The table of contents of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et 
seq.), as amended by section 309(b)(2), is amended by striking the 
matter relating to part R and inserting the following:

                        ``Part S--Family Support

``Sec. 1901. Duties of director.
``Sec. 1902. General authorization.
``Sec. 1903. Uses of funds.
``Sec. 1904. Applications.
``Sec. 1905. Award of grants; limitation.
``Sec. 1906. Discretionary research grants.
``Sec. 1907. Reports.
``Sec. 1908. Definitions.
             ``Part V--Transition; Effective Date; Repeals

``Sec. 2001. Continuation of rules, authorities, and privileges.''.
    (c) Authorization of Appropriations.--Section 1001(a) of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et 
seq.), as amended by section 309(b)(3), is amended--
            (1) in paragraph (3) by striking ``and R'' and inserting 
        ``R, and S''; and
            (2) by adding at the end the following new paragraph:
    ``(13) There are authorized to be appropriated to carry out part U 
$5,000,000 for each of fiscal years 1995, 1996, 1997, 1998, and 1999. 
Not more than 20 percent of such funds may be used to accomplish the 
duties of the Director under that part, including administrative costs, 
research, and training programs.''.

                 Subtitle B--Police Pattern or Practice

SEC. 1111. CAUSE OF ACTION.

    (a) Unlawful Conduct.--It shall be unlawful for any governmental 
authority, or any agent thereof, or any person acting on behalf of a 
governmental authority, to engage in a pattern or practice of conduct 
by law enforcement officers that deprives persons of rights, 
privileges, or immunities secured or protected by the Constitution or 
laws of the United States.
    (b) Civil Action by Attorney General.--Whenever the Attorney 
General has reasonable cause to believe that a violation of paragraph 
(1) has occurred, the Attorney General, for or in the name of the 
United States, may in a civil action obtain appropriate equitable and 
declaratory relief to eliminate the pattern or practice.

SEC. 1112. DATA ON USE OF EXCESSIVE FORCE.

    (a) Attorney General To Collect.--The Attorney General shall, 
through the victimization surveys conducted by the Bureau of Justice 
Statistics, acquire data about the use of excessive force by law 
enforcement officers.
    (b) Limitation on Use of Data.--Data acquired under this section 
shall be used only for research or statistical purposes and may not 
contain any information that may reveal the identity of the victim or 
any law enforcement officer.
    (c) Annual Summary.--The Attorney general shall publish an annual 
summary of the data acquired under this section.

  Subtitle C--Police Corps and Law Enforcement Officers Training and 
                               Education

                        CHAPTER 1--POLICE CORPS

SEC. 1121. SHORT TITLE.

    This chapter may be cited as the ``Police Corps Act''.

SEC. 1122. PURPOSES.

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

SEC. 1123. DEFINITIONS.

    In this chapter--
            ``academic year'' means a traditional academic year 
        beginning in August or September and ending in the following 
        May or June.
            ``dependent child'' means a natural or adopted child or 
        stepchild of a law enforcement officer who at the time of the 
        officer's death--
                    (A) was no more than 21 years old; or
                    (B) if older than 21 years, was in fact dependent 
                on the child's parents for at least one-half of the 
                child's support (excluding educational expenses), as 
                determined by the Director.
            ``Director'' means the Director of the Office of the Police 
        Corps and Law Enforcement Education appointed under section 
        1124.
            ``educational expenses'' means expenses that are directly 
        attributable to--
                    (A) a course of education leading to the award of 
                the baccalaureate degree in legal- or criminal justice-
                related studies; or
                    (B) a course of graduate study legal or criminal 
                justice studies following award of a baccalaureate 
                degree,
        including the cost of tuition, fees, books, supplies, 
        transportation, room and board and miscellaneous expenses.
            ``institution of higher education'' has the meaning stated 
        in the first sentence of section 1201(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1141(a)).
            ``participant'' means a participant in the Police Corps 
        program selected pursuant to section 306.
            ``State'' means a State of the United States, the District 
        of Columbia, the Commonwealth of Puerto Rico, the Virgin 
        Islands, American Samoa, Guam, and the Commonwealth of the 
        Northern Mariana Islands.
            ``State Police Corps program'' means a State police corps 
        program that meets the requirements of section 1130.

SEC. 1124. ESTABLISHMENT OF OFFICE OF THE POLICE CORPS AND LAW 
              ENFORCEMENT EDUCATION.

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

SEC. 1125. DESIGNATION OF LEAD AGENCY AND SUBMISSION OF STATE PLAN.

    (a) Lead Agency.--A State that desires to participate in the Police 
Corps program under this chapter shall designate a lead agency that 
will be responsible for--
            (1) submitting to the Director a State plan described in 
        subsection (b); and
            (2) administering the program in the State.
    (b) State Plans.--A State plan shall--
            (1) contain assurances that the lead agency shall work in 
        cooperation with the local law enforcement liaisons, 
        representatives of police labor organizations and police 
        management organizations, and other appropriate State and local 
        agencies to develop and implement interagency agreements 
        designed to carry out the program;
            (2) contain assurances that the State shall advertise the 
        assistance available under this chapter;
            (3) contain assurances that the State shall screen and 
        select law enforcement personnel for participation in the 
        program; and
            (4) meet the requirements of section 1130.

SEC. 1126. SCHOLARSHIP ASSISTANCE.

    (a) Scholarships Authorized.--(1) The Director may award 
scholarships to participants who agree to work in a State or local 
police force in accordance with agreements entered into pursuant to 
subsection (d).
    (2)(A) Except as provided in subparagraph (B), each scholarship 
payment made under this section for each academic year shall not 
exceed--
            (i) $7,500; or
            (ii) the cost of the educational expenses related to 
        attending an institution of higher education.
    (B) In the case of a participant who is pursuing a course of 
educational study during substantially an entire calendar year, the 
amount of scholarship payments made during such year shall not exceed 
$10,000.
    (C) The total amount of scholarship assistance received by any one 
student under this section shall not exceed $30,000.
    (3) Recipients of scholarship assistance under this section shall 
continue to receive such scholarship payments only during such periods 
as the Director finds that the recipient is maintaining satisfactory 
progress as determined by the institution of higher education the 
recipient is attending.
    (4)(A) The Director shall make scholarship payments under this 
section directly to the institution of higher education that the 
student is attending.
    (B) Each institution of higher education receiving a payment on 
behalf of a participant pursuant to subparagraph (A) shall remit to 
such student any funds in excess of the costs of tuition, fees, and 
room and board payable to the institution.
    (b) Reimbursement Authorized.--(1) The Director may make payments 
to a participant to reimburse such participant for the costs of 
educational expenses if the student agrees to work in a State or local 
police force in accordance with the agreement entered into pursuant to 
subsection (d).
    (2)(A) Each payment made pursuant to paragraph (1) for each 
academic year of study shall not exceed--
            (i) $7,500; or
            (ii) the cost of educational expenses related to attending 
        an institution of higher education.
    (B) In the case of a participant who is pursuing a course of 
educational study during substantially an entire calendar year, the 
amount of scholarship payments made during such year shall not exceed 
$10,000.
    (C) The total amount of payments made pursuant to subparagraph (A) 
to any 1 student shall not exceed $30,000.
    (c) Use of Scholarship.--Scholarships awarded under this subsection 
shall only be used to attend a 4-year institution of higher education, 
except that--
            (1) scholarships may be used for graduate and professional 
        study; and
            (2) if a participant has enrolled in the program upon or 
        after transfer to a 4-year institution of higher education, the 
        Director may reimburse the participant for the participant's 
        prior educational expenses.
    (d) Agreement.--(1)(A) Each participant receiving a scholarship or 
a payment under this section shall enter into an agreement with the 
Director.
    (B) An agreement under subparagraph (A) shall contain assurances 
that the participant shall--
            (i) after successful completion of a baccalaureate program 
        and training as prescribed in section 8, work for 4 years in a 
        State or local police force without there having arisen 
        sufficient cause for the participant's dismissal under the 
        rules applicable to members of the police force of which the 
        participant is a member;
            (ii) complete satisfactorily--
                    (I) an educational course of study and receipt of a 
                baccalaureate degree (in the case of undergraduate 
                study) or the reward of credit to the participant for 
                having completed one or more graduate courses (in the 
                case of graduate study); and
                    (II) Police Corps training and certification by the 
                Director that the participant has met such performance 
                standards as may be established pursuant to section 
                1128; and
            (iii) repay all of the scholarship or payment received plus 
        interest at the rate of 10 percent if the conditions of clauses 
        (i) and (ii) are not complied with.
    (2)(A) A recipient of a scholarship or payment under this section 
shall not be considered to be in violation of the agreement entered 
into pursuant to paragraph (1) if the recipient--
            (i) dies; or
            (ii) becomes permanently and totally disabled as 
        established by the sworn affidavit of a qualified physician.
    (B) If a scholarship recipient is unable to comply with the 
repayment provision set forth in paragraph (1)(B)(ii) because of a 
physical or emotional disability or for good cause as determined by the 
Director, the Director may substitute community service in a form 
prescribed by the Director for the required repayment.
    (C) The Director shall expeditiously seek repayment from a 
participant who violates an agreement described in paragraph (1).
    (e) Dependent Child.--A dependent child of a law enforcement 
officer--
            (1) who is a member of a State or local police force or is 
        a Federal criminal investigator or uniformed police officer,
            (2) who is not a participant in the Police Corps program, 
        but
            (3) who serves in a State for which the Director has 
        approved a Police Corps plan, and
            (4) who is killed in the course of performing police 
        duties,
shall be entitled to the scholarship assistance authorized in this 
section for any course of study in any accredited institution of higher 
education. Such dependent child shall not incur any repayment 
obligation in exchange for the scholarship assistance provided in this 
section.
    (f) Application.--Each participant desiring a scholarship or 
payment under this section shall submit an application as prescribed by 
the Director in such manner and accompanied by such information as the 
Director may reasonably require.

SEC. 1127. SELECTION OF PARTICIPANTS.

    (a) In General.--Participants in State Police Corps programs shall 
be selected on a competitive basis by each State under regulations 
prescribed by the Director.
    (b) Selection Criteria and Qualifications.--(1) In order to 
participate in a State Police Corps program, a participant shall--
            (A) be a citizen of the United States or an alien lawfully 
        admitted for permanent residence in the United States;
            (B) meet the requirements for admission as a trainee of the 
        State or local police force to which the participant will be 
        assigned pursuant to section 1130(c)(5), including achievement 
        of satisfactory scores on any applicable examination, except 
        that failure to meet the age requirement for a trainee of the 
        State or local police shall not disqualify the applicant if the 
        applicant will be of sufficient age upon completing an 
        undergraduate course of study;
            (C) possess the necessary mental and physical capabilities 
        and emotional characteristics to discharge effectively the 
        duties of a law enforcement officer;
            (D) be of good character and demonstrate sincere motivation 
        and dedication to law enforcement and public service;
            (E) in the case of an undergraduate, agree in writing that 
        the participant will complete an educational course of study 
        leading to the award of a baccalaureate degree and will then 
        accept an appointment and complete 4 years of service as an 
        officer in the State police or in a local police department 
        within the State;
            (F) in the case of a participant desiring to undertake or 
        continue graduate study, agree in writing that the participant 
        will accept an appointment and complete 4 years of service as 
        an officer in the State police or in a local police department 
        within the State before undertaking or continuing graduate 
        study;
            (G) contract, with the consent of the participant's parent 
        or guardian if the participant is a minor, to serve for 4 years 
        as an officer in the State police or in a local police 
        department, if an appointment is offered; and
            (H) except as provided in paragraph (2), be without 
        previous law enforcement experience.
    (2)(A) Until the date that is 5 years after the date of enactment 
of this Act, up to 10 percent of the applicants accepted into the 
Police Corps program may be persons who--
            (i) have had some law enforcement experience; and
            (ii) have demonstrated special leadership potential and 
        dedication to law enforcement.
    (B)(i) The prior period of law enforcement of a participant 
selected pursuant to subparagraph (A) shall not be counted toward 
satisfaction of the participant's 4-year service obligation under 
section 1129, and such a participant shall be subject to the same 
benefits and obligations under this chapter as other participants, 
including those stated in section (b)(1) (E) and (F).
    (ii) Clause (i) shall not be construed to preclude counting a 
participant's previous period of law enforcement experience for 
purposes other than satisfaction of the requirements of section 9, such 
as for purposes of determining such a participant's pay and other 
benefits, rank, and tenure.
    (3) It is the intent of this chapter that there shall be no more 
than 20,000 participants in each graduating class. The Director shall 
approve State plans providing in the aggregate for such enrollment of 
applicants as shall assure, as nearly as possible, annual graduating 
classes of 20,000. In a year in which applications are received in a 
number greater than that which will produce, in the judgment of the 
Director, a graduating class of more than 20,000, the Director shall, 
in deciding which applications to grant, give preference to those who 
will be participating in State plans that provide law enforcement 
personnel to areas of greatest need.
    (c) Recruitment of Minorities.--Each State participating in the 
Police Corps program shall make special efforts to seek and recruit 
applicants from among members of all racial, ethnic or gender groups. 
This subsection does not authorize an exception from the competitive 
standards for admission established pursuant to subsections (a) and 
(b).
    (d) Enrollment of Applicant.--(1) An applicant shall be accepted 
into a State Police Corps program on the condition that the applicant 
will be matriculated in, or accepted for admission at, a 4-year 
institution of higher education--
            (A) as a full-time student in an undergraduate program; or
            (B) for purposes of taking a graduate course.
    (2) If the applicant is not matriculated or accepted as set forth 
in paragraph (1), the applicant's acceptance in the program shall be 
revoked.
    (e) Leave of Absence.--(1) A participant in a State Police Corps 
program who requests a leave of absence from educational study, 
training or service for a period not to exceed 1 year (or 18 months in 
the aggregate in the event of multiple requests) due to temporary 
physical or emotional disability shall be granted such leave of absence 
by the State.
    (2) A participant who requests a leave of absence from educational 
study, training or service for a period not to exceed 1 year (or 18 
months in the aggregate in the event of multiple requests) for any 
reason other than those listed in paragraph (1) may be granted such 
leave of absence by the State.
    (3) A participant who requests a leave of absence from educational 
study or training for a period not to exceed 30 months to serve on an 
official church mission may be granted such leave of absence.
    (f) Admission of Applicants.--An applicant may be admitted into a 
State Police Corps program either before commencement of or during the 
applicant's course of educational study.

SEC. 1128. POLICE CORPS TRAINING.

    (a) In General.--(1) The Director shall establish programs of 
training for Police Corps participants. Such programs may be carried 
out at up to 3 training centers established for this purpose and 
administered by the Director, or by contracting with existing State 
training facilities. The Director shall contract with a State training 
facility upon request of such facility if the Director determines that 
such facility offers a course of training substantially equivalent to 
the Police Corps training program described in this chapter.
    (2) The Director may enter into contracts with individuals, 
institutions of learning, and government agencies (including State and 
local police forces) to obtain the services of persons qualified to 
participate in and contribute to the training process.
    (3) The Director may enter into agreements with agencies of the 
Federal Government to utilize on a reimbursable basis space in Federal 
buildings and other resources.
    (4) The Director may authorize such expenditures as are necessary 
for the effective maintenance of the training centers, including 
purchases of supplies, uniforms, and educational materials, and the 
provision of subsistence, quarters, and medical care to participants.
    (b) Training Sessions.--A participant in a State Police Corps 
program shall attend two 8-week training sessions at a training center, 
one during the summer following completion of sophomore year and one 
during the summer following completion of junior year. If a participant 
enters the program after sophomore year, the participant shall complete 
16 weeks of training at times determined by the Director.
    (c) Further Training.--The 16 weeks of Police Corps training 
authorized in this section is intended to serve as basic law 
enforcement training but not to exclude further training of 
participants by the State and local authorities to which they will be 
assigned. Each State plan approved by the Director under section 10 
shall include assurances that following completion of a participant's 
course of education each participant shall receive appropriate 
additional training by the State or local authority to which the 
participant is assigned. The time spent by a participant in such 
additional training, but not the time spent in Police Corps training, 
shall be counted toward fulfillment of the participant's 4-year service 
obligation.
    (d) Course of Training.--The training sessions at training centers 
established under this section shall be designed to provide basic law 
enforcement training, including vigorous physical and mental training 
to teach participants self-discipline and organizational loyalty and to 
impart knowledge and understanding of legal processes and law 
enforcement.
    (e) Evaluation of Participants.--A participant shall be evaluated 
during training for mental, physical, and emotional fitness, and shall 
be required to meet performance standards prescribed by the Director at 
the conclusion of each training session in order to remain in the 
Police Corps program.
    (f) Stipend.--The Director shall pay participants in training 
sessions a stipend of $250 a week during training.

SEC. 1129. SERVICE OBLIGATION.

    (a) Swearing In.--Upon satisfactory completion of the participant's 
course of education and training program established in section 1128 
and meeting the requirements of the police force to which the 
participant is assigned, a participant shall be sworn in as a member of 
the police force to which the participant is assigned pursuant to the 
State Police Corps plan, and shall serve for 4 years as a member of 
that police force.
    (b) Rights and Responsibilities.--A participant shall have all of 
the rights and responsibilities of and shall be subject to all rules 
and regulations applicable to other members of the police force of 
which the participant is a member, including those contained in 
applicable agreements with labor organizations and those provided by 
State and local law.
    (c) Discipline.--If the police force of which the participant is a 
member subjects the participant to discipline such as would preclude 
the participant's completing 4 years of service, and result in denial 
of educational assistance under section 1126, the Director may, upon a 
showing of good cause, permit the participant to complete the service 
obligation in an equivalent alternative law enforcement service and, if 
such service is satisfactorily completed, section 1126(d)(1)(B)(iii) 
shall not apply.
    (d) Layoffs.--If the police force of which the participant is a 
member lays off the participant such as would preclude the 
participant's completing 4 years of service, and result in denial of 
educational assistance under section 1126, the Director may permit the 
participant to complete the service obligation in an equivalent 
alternative law enforcement service and, if such service is 
satisfactorily completed, section 1126(d)(1)(B)(iii) shall not apply.

SEC. 1130. STATE PLAN REQUIREMENTS.

    A State Police Corps plan shall--
            (1) provide for the screening and selection of participants 
        in accordance with the criteria set out in section 1127;
            (2) state procedures governing the assignment of 
        participants in the Police Corps program to State and local 
        police forces (no more than 10 percent of all the participants 
        assigned in each year by each State to be assigned to a 
        statewide police force or forces);
            (3) provide that participants shall be assigned to those 
        geographic areas in which--
                    (A) there is the greatest need for additional law 
                enforcement personnel; and
                    (B) the participants will be used most effectively;
            (4) provide that to the extent consistent with paragraph 
        (3), a participant shall be assigned to an area near the 
        participant's home or such other place as the participant may 
        request;
            (5) provide that to the extent feasible, a participant's 
        assignment shall be made at the time the participant is 
        accepted into the program, subject to change--
                    (A) prior to commencement of a participant's fourth 
                year of undergraduate study, under such circumstances 
                as the plan may specify; and
                    (B) from commencement of a participant's fourth 
                year of undergraduate study until completion of 4 years 
                of police service by participant, only for compelling 
                reasons or to meet the needs of the State Police Corps 
                program and only with the consent of the participant;
            (6) provide that no participant shall be assigned to serve 
        with a local police force--
                    (A) whose size has declined by more than 5 percent 
                since June 21, 1989; or
                    (B) which has members who have been laid off but 
                not retired;
            (7) provide that participants shall be placed and to the 
        extent feasible kept on community and preventive patrol;
            (8) ensure that participants will receive effective 
        training and leadership;
            (9) provide that the State may decline to offer a 
        participant an appointment following completion of Federal 
        training, or may remove a participant from the Police Corps 
        program at any time, only for good cause (including failure to 
        make satisfactory progress in a course of educational study) 
        and after following reasonable review procedures stated in the 
        plan; and
            (10) provide that a participant shall, while serving as a 
        member of a police force, be compensated at the same rate of 
        pay and benefits and enjoy the same rights under applicable 
        agreements with labor organizations and under State and local 
        law as other police officers of the same rank and tenure in the 
        police force of which the participant is a member.

SEC. 1131. ASSISTANCE TO STATES AND LOCALITIES EMPLOYING POLICE CORPS 
              OFFICERS.

    Each jurisdiction directly employing Police Corps participants 
during the 4-year term of service prescribed by section 1129 shall 
receive $10,000 on account of each such participant at the completion 
of each such year of service, but--
            (1) no such payment shall be made on account of service in 
        any State or local police force--
                    (A) whose average size, in the year for which 
                payment is to be made, not counting Police Corps 
                participants assigned under section 106, has declined 
                more than 2 percent since January 1, 1993; or
                    (B) which has members who have been laid off but 
                not retired; and
            (2) no such payment shall be made on account of any Police 
        Corps participant for years of service after the completion of 
        the term of service prescribed in section 1129.

SEC. 1132. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this chapter--
            (1) $100,000,000 for each of fiscal years 1995 and 1996; 
        and
            (2) such sums as are necessary for each of fiscal years 
        1997, 1998, and 1999.

SEC. 1133. REPORTS TO CONGRESS.

    (a) In General.--Not later than April 1 of each year, the Director 
shall submit a report to the Attorney General, the President, the 
Speaker of the House of Representatives, and the President of the 
Senate.
    (b) Contents.--A report under subsection (a) shall--
            (1) state the number of current and past participants in 
        the Police Corps program, broken down according to the levels 
        of educational study in which they are engaged and years of 
        service they have served on police forces (including service 
        following completion of the 4-year service obligation);
            (2) describe the geographic, racial, and gender dispersion 
        of participants in the Police Corps program; and
            (3) describe the progress of the Police Corps program and 
        make recommendations for changes in the program.

             CHAPTER 2--LAW ENFORCEMENT SCHOLARSHIP PROGRAM

SEC. 1141. SHORT TITLE.

    This chapter may be cited as the ``Law Enforcement Scholarships and 
Recruitment Act''.

SEC. 1142. DEFINITIONS.

    In this chapter--
            ``Director'' means the Director of the Bureau of Justice 
        Assistance.
            ``educational expenses'' means expenses that are directly 
        attributable to--
                    (A) a course of education leading to the award of 
                an associate degree;
                    (B) a course of education leading to the award of a 
                baccalaureate degree; or
                    (C) a course of graduate study following award of a 
                baccalaureate degree,
        including the cost of tuition, fees, books, supplies, and 
        related expenses.
            ``institution of higher education'' has the meaning stated 
        in the first sentence of section 1201(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1141(a)).
            ``law enforcement position'' means employment as an officer 
        in a State or local police force, or correctional institution.
            ``State'' means a State of the United States, the District 
        of Columbia, the Commonwealth of Puerto Rico, the Virgin 
        Islands of the United States, American Samoa, Guam, and the 
        Commonwealth of the Northern Mariana Islands.

SEC. 1143. ALLOTMENT.

    From amounts appropriated under section 1150, the Director shall 
allot--
            (1) 80 percent of such amounts to States on the basis of 
        the number of law enforcement officers in each State compared 
        to the number of law enforcement officers in all States; and
            (2) 20 percent of such amounts to States on the basis of 
        the shortage of law enforcement personnel and the need for 
        assistance under this title in the State compared to the 
        shortage of law enforcement personnel and the need for 
        assistance under this title in all States.

SEC. 1144. ESTABLISHMENT OF PROGRAM.

    (a) Use of Allotment.--
            (1) In general.--A State that receives an allotment 
        pursuant to section 1143 shall use the allotment to pay the 
        Federal share of the costs of--
                    (A) awarding scholarships to in-service law 
                enforcement personnel to enable such personnel to seek 
                further education; and
                    (B) providing--
                            (i) full-time employment in summer; or
                            (ii) part-time (not to exceed 20 hours per 
                        week) employment for a period not to exceed 1 
                        year.
            (2) Employment.--The employment described in paragraph 
        (1)(B)--
                    (A) shall be provided by State and local law 
                enforcement agencies for students who are juniors or 
                seniors in high school or are enrolled in an 
                institution of higher education and who demonstrate an 
                interest in undertaking a career in law enforcement;
                    (B) shall not be in a law enforcement position; and
                    (C) shall consist of performing meaningful tasks 
                that inform students of the nature of the tasks 
                performed by law enforcement agencies.
    (b) Payments; Federal Share; Non-Federal Share.--
            (1) Payments.--The Secretary shall pay to each State that 
        receives an allotment under section 1143 the Federal share of 
        the cost of the activities described in the application 
        submitted pursuant to section 1147.
            (2) Federal share.--The Federal share shall not exceed 60 
        percent.
            (3) Non-federal share.--The non-Federal share of the cost 
        of scholarships and student employment provided under this 
        chapter shall be supplied from sources other than the Federal 
        Government.
    (c) Responsibilities of Director.--The Director shall be 
responsible for the administration of the programs conducted pursuant 
to this title and shall, in consultation with the Assistant Secretary 
for Postsecondary Education, issue rules to implement this title.
    (d) Administrative Expenses.--A State that receives an allotment 
under section 1143 may reserve not more than 8 percent of the allotment 
for administrative expenses.
    (e) Special Rule.--A State that receives an allotment under section 
1143 shall ensure that each scholarship recipient under this title be 
compensated at the same rate of pay and benefits and enjoy the same 
rights under applicable agreements with labor organizations and under 
State and local law as other law enforcement personnel of the same rank 
and tenure in the office of which the scholarship recipient is a 
member.
    (f) Supplementation of Funding.--Funds received under this chapter 
shall only be used to supplement, and not to supplant, Federal, State, 
or local efforts for recruitment and education of law enforcement 
personnel.

SEC. 1145. SCHOLARSHIPS.

    (a) Period of Award.--Scholarships awarded under this chapter shall 
be for a period of 1 academic year.
    (b) Use of Scholarships.--Each individual awarded a scholarship 
under this chapter may use the scholarship for educational expenses at 
an institution of higher education.

SEC. 1146. ELIGIBILITY.

    (a) Scholarships.--A person shall be eligible to receive a 
scholarship under this chapter if the person has been employed in law 
enforcement for the 2-year period immediately preceding the date on 
which assistance is sought.
    (b) Ineligibility for Student Employment.--A person who has been 
employed as a law enforcement officer is ineligible to participate in a 
student employment program carried out under this chapter.

SEC. 1147. STATE APPLICATION.

    (a) In General.--Each State desiring an allotment under section 
1143 shall submit an application to the Director at such time, in such 
manner, and accompanied by such information as the Director may 
reasonably require.
    (b) Contents.--An application under subsection (a) shall--
            (1) describe the scholarship program and the student 
        employment program for which assistance under this title is 
        sought;
            (2) contain assurances that the lead agency will work in 
        cooperation with the local law enforcement liaisons, 
        representatives of police labor organizations and police 
        management organizations, and other appropriate State and local 
        agencies to develop and implement interagency agreements 
        designed to carry out this chapter;
            (3) contain assurances that the State will advertise the 
        scholarship assistance and student employment it will provide 
        under this chapter and that the State will use such programs to 
        enhance recruitment efforts;
            (4) contain assurances that the State will screen and 
        select law enforcement personnel for participation in the 
        scholarship program under this chapter;
            (5) contain assurances that under such student employment 
        program the State will screen and select, for participation in 
        such program, students who have an interest in undertaking a 
        career in law enforcement;
            (6) contain assurances that under such scholarship program 
        the State will make scholarship payments to institutions of 
        higher education on behalf of persons who receive scholarships 
        under this chapter;
            (7) with respect to such student employment program, 
        identify--
                    (A) the employment tasks that students will be 
                assigned to perform;
                    (B) the compensation that students will be paid to 
                perform such tasks; and
                    (C) the training that students will receive as part 
                of their participation in the program;
            (8) identify model curriculum and existing programs 
        designed to meet the educational and professional needs of law 
        enforcement personnel; and
            (9) contain assurances that the State will promote 
        cooperative agreements with educational and law enforcement 
        agencies to enhance law enforcement personnel recruitment 
        efforts in institutions of higher education.

SEC. 1148. LOCAL APPLICATION.

    (a) In General.--A person who desires a scholarship or employment 
under this chapter shall submit an application to the State at such 
time, in such manner, and accompanied by such information as the State 
may reasonably require.
    (b) Contents.--An application under subsection (a) shall describe--
            (1) the academic courses for which a scholarship is sought; 
        or
            (2) the location and duration of employment that is sought.
    (c) Priority.--In awarding scholarships and providing student 
employment under this chapter, each State shall give priority to 
applications from persons who are--
            (1) members of racial, ethnic, or gender groups whose 
        representation in the law enforcement agencies within the State 
        is substantially less than in the population eligible for 
        employment in law enforcement in the State;
            (2) pursuing an undergraduate degree; and
            (3) not receiving financial assistance under the Higher 
        Education Act of 1965.

SEC. 1149. SCHOLARSHIP AGREEMENT.

    (a) In General.--A person who receives a scholarship under this 
chapter shall enter into an agreement with the Director.
    (b) Contents.--An agreement described in subsection (a) shall--
            (1) provide assurances that the scholarship recipient will 
        work in a law enforcement position in the State that awarded 
        the scholarship in accordance with the service obligation 
        described in subsection (c) after completion of the scholarship 
        recipient's academic courses leading to an associate, bachelor, 
        or graduate degree;
            (2) provide assurances that the scholarship recipient will 
        repay the entire scholarship in accordance with such terms and 
        conditions as the Director shall prescribe if the requirements 
        of the agreement are not complied with, unless the scholarship 
        recipient--
                    (A) dies;
                    (B) becomes physically or emotionally disabled, as 
                established by the sworn affidavit of a qualified 
                physician; or
                    (C) has been discharged in bankruptcy; and
            (3) set forth the terms and conditions under which the 
        scholarship recipient may seek employment in the field of law 
        enforcement in a State other than the State that awarded the 
        scholarship.
    (c) Service Obligation.--
            (1) In general.-- Except as provided in paragraph (2), a 
        person who receives a scholarship under this title shall work 
        in a law enforcement position in the State that awarded the 
        scholarship for a period of 1 month for each credit hour for 
        which funds are received under the scholarship.
            (2) Special rule.--For purposes of satisfying the 
        requirement of paragraph (1), a scholarship recipient shall 
        work in a law enforcement position in the State that awarded 
        the scholarship for not less than 6 months but shall not be 
        required to work in such a position for more than 2 years.

SEC. 1150. AUTHORIZATION OF APPROPRIATIONS.

    (a) General Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this chapter $30,000,000 for each of 
fiscal years 1995, 1996, 1997, 1998, and 1999.
    (b) Uses of Funds.--Of the funds appropriated under subsection (a) 
for a fiscal year--
            (1) 80 percent shall be available to provide scholarships 
        described in section 1144(a)(1)(A); and
            (2) 20 percent shall be available to provide employment 
        described in sections 1144(a)(1)(B) and 1144(a)(2).

                     TITLE XII--DRUG COURT PROGRAMS

SEC. 1201. COORDINATED ADMINISTRATION OF PROGRAMS.

    (a) Application.--The Attorney General may establish a unified or 
coordinated process for applying for grants under this title. In 
addition to any other requirements that may be specified by the 
Attorney General, an application for a grant under any provision of 
this title shall--
            (1) include a long-term strategy and detailed 
        implementation plan;
            (2) explain the applicant's inability to fund the program 
        adequately without Federal assistance;
            (3) certify that the Federal support provided will be used 
        to supplement, and not supplant, State and local sources of 
        funding that would otherwise be available;
            (4) identify related governmental and community initiatives 
        which complement or will be coordinated with the proposal;
            (5) certify that there has been appropriate coordination 
        with all affected agencies; and
            (6) specify plans for obtaining necessary support and 
        continuing the proposed program following the conclusion of 
        Federal support.
    (b) Regulatory Authority.--The Attorney General may issue 
regulations and guidelines to carry out the programs authorized by this 
title, including specifications concerning application requirements, 
selection criteria, duration and renewal of grants, evaluation 
requirements, matching funds, limitation of administrative expenses, 
submission of reports by grantees, recordkeeping by grantees, and 
access to books, records, and documents maintained by grantees or other 
persons for purposes of audit or examination.
    (c) Technical Assistance and Evaluation.--The Attorney General may 
provide technical assistance to grantees under the programs authorized 
by this title. The Attorney General may carry out, or arrange by grant 
or contract or otherwise for the carrying out of, evaluations of 
programs receiving assistance under the programs authorized by this 
title, in addition to any evaluations that grantees may be required to 
carry out pursuant to subsection (b).
    (d) Use of Components.--The Attorney General may utilize any 
component or components of the Department of Justice in carrying out 
this section or other provisions of this title, or in coordinating 
activities under the programs authorized by this title.

SEC. 1202. DRUG TESTING UPON ARREST.

    (a) In General.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 
1101(a), is amended--
            (1) by redesignating part T as part U;
            (2) by redesignating section 2001 as section 2101; and
            (3) by inserting after part S the following new part:

                   ``PART T--DRUG TESTING UPON ARREST

``SEC. 2001. GRANT AUTHORIZATION.

    ``The Director of the Bureau of Justice Assistance may make grants 
under this part to States, for the use by States and units of local 
government in the States, for the purpose of developing, implementing, 
or continuing a drug testing project when individuals are arrested, 
during the pretrial period or during participation in any pre- or post-
conviction diversion program.

``SEC. 2002. STATE APPLICATIONS.

    ``(a) General Requirements.--To request a grant under this part the 
chief executive of a State shall submit an application to the Director 
in such form and containing such information as the Director may 
reasonably require.
    ``(b) Mandatory Assurances.--To be eligible to receive funds under 
this part, a State shall agree to develop or maintain programs of 
urinalysis or similar drug testing of individuals upon arrest during 
the pretrial period, or during participation in any pre- or post-
conviction diversion program.
    ``(c) Central Office.--The office designated under section 507--
            ``(1) shall prepare the application as required under 
        subsection (a); and
            ``(2) shall administer grant funds received under this 
        part, including, review of spending, processing, progress, 
        financial reporting, technical assistance, grant adjustments, 
        accounting, auditing, and fund disbursement.

``SEC. 2003. LOCAL APPLICATIONS.

    ``(a) In General.--(1) To request funds under this part from a 
State, the chief executive of a unit of local government shall submit 
an application to the office designated under section 2002(c).
    ``(2) An application under paragraph (1) shall be considered 
approved, in whole or in part, by the State not later than 90 days 
after such application is first received unless the State informs the 
applicant in writing of specific reasons for disapproval.
    ``(3) The State shall not disapprove any application submitted to 
the State without first affording the applicant reasonable notice and 
an opportunity for reconsideration.
    ``(4) If such application is approved, the unit of local government 
is eligible to receive such funds.
    ``(b) Distribution to Units of Local Government.--A State that 
receives funds under section 2001 in a fiscal year shall make such 
funds available to units of local government with an application that 
has been submitted and approved by the State within 90 days after the 
Bureau has approved the application submitted by the State and has made 
funds available to the State. The Director shall have the authority to 
waive the 90-day requirement in this section upon a finding that the 
State is unable to satisfy such requirement under State statutes.

``SEC. 2004. ALLOCATION AND DISTRIBUTION OF FUNDS.

    ``(a) State Distribution.--Of the total amount appropriated under 
this part in any fiscal year--
            ``(1) 0.4 percent shall be allocated to each of the 
        participating States; and
            ``(2) of the total funds remaining after the allocation 
        under paragraph (1), there shall be allocated to each of the 
        participating States an amount which bears the same ratio to 
        the amount of remaining funds described in this paragraph as 
        the number of individuals arrested in such State bears to the 
        number of individuals arrested in all the participating States.
    ``(b) Local Distribution.--(1) A State that receives funds under 
this part in a fiscal year shall distribute to units of local 
government in such State the portion of such funds that bears the same 
ratio to the aggregate amount of such funds as the amount of funds 
expended by all units of local government for criminal justice in the 
preceding fiscal year bears to the aggregate amount of funds expended 
by the State and all units of local government in the State for 
criminal justice in the preceding fiscal year.
    ``(2) Any funds not distributed to units of local government under 
paragraph (1) shall be available for expenditure by such State for 
purposes specified in such State's application.
    ``(3) If the Director determines, on the basis of information 
available during any fiscal year, that a portion of the funds allocated 
to a State for such fiscal year will not be used by such State or that 
a State is not eligible to receive funds under section 2001, the 
Director shall award such funds to units of local government in such 
State giving priority to the units of local government that the 
Director considers to have the greatest need.
    ``(c) Federal Share.--The Federal share of a grant made under this 
part may not exceed 75 percent of the total costs of the projects 
described in the application submitted under section 2002 for the 
fiscal year for which the projects receive assistance under this part.
    ``(d) Geographic Distribution.--The Director shall attempt, to the 
extent practicable, to achieve an equitable geographic distribution of 
grant awards.

``SEC. 2005. REPORT.

    ``A State or unit of local government that receives funds under 
this part shall submit to the Director a report in March of each fiscal 
year that funds are received under this part regarding the 
effectiveness of the drug testing project.''.
    (b) Technical Amendment.--The table of contents of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et 
seq.), as amended by section 1101(b), is amended by striking the matter 
relating to part T and inserting the following:

                   ``Part T--Drug Testing Upon Arrest

``Sec. 2001. Grant authorization.
``Sec. 2002. State applications.
``Sec. 2003. Local applications.
``Sec. 2004. Allocation and distribution of funds.
``Sec. 2005. Report.
             ``Part U--Transition; Effective Date; Repealer

``Sec. 2101. Continuation of rules, authorities, and proceedings.''.
    (c) Authorization of Appropriations.--Section 1001(a) of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), as 
amended by section 1101(c), is amended--
            (1) in paragraph (3) by striking ``and S'' and inserting 
        ``S, and T''; and
            (2) by adding at the end the following new paragraph:
    ``(14) There are authorized to be appropriated to carry out the 
projects under part T $100,000,000 for each of fiscal years 1995, 1996, 
and 1997.''.

SEC. 1203. CERTAINTY OF PUNISHMENT FOR YOUNG OFFENDERS.

    (a) In General.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 
1202(a), is amended--
            (1) by redesignating part U as part V;
            (2) by redesignating section 2101 as section 2201; and
            (3) by inserting after part T the following new part:

    ``PART U--ALTERNATIVE PUNISHMENTS FOR YOUNG NONVIOLENT OFFENDERS

``SEC. 2101. GRANT AUTHORIZATION.

    ``(a) In General.--The Director of the Bureau of Justice Assistance 
(referred to in this part as the `Director') may make grants under this 
part to States, for the use by States and units of local government in 
the States, for the purpose of developing alternative methods of 
punishment for young nonviolent offenders to traditional forms of 
incarceration and probation.
    ``(b) Alternative Methods.--The alternative methods of punishment 
referred to in subsection (a) should ensure certainty of punishment for 
young nonviolent offenders and promote reduced recidivism, crime 
prevention, and assistance to victims, particularly for young 
nonviolent offenders who can be punished more effectively in an 
environment other than a traditional correctional facility, including--
            ``(1) alternative sanctions that create accountability and 
        certainty of punishment for young non-violent offenders;
            ``(2) boot camp prison programs;
            ``(3) technical training and support for the implementation 
        and maintenance of State and local restitution programs for 
        young non-violent offenders;
            ``(4) innovative projects;
            ``(5) correctional options, such as community-based 
        incarceration, weekend incarceration, and electric monitoring 
        of offenders;
            ``(6) community service programs that provide work service 
        placement for young non-violent offenders at nonprofit, private 
        organizations and community organizations;
            ``(7) demonstration restitution projects that are evaluated 
        for effectiveness; and
            ``(8) innovative methods that address the problems of young 
        non-violent offenders convicted of serious substance abuse, 
        including alcohol abuse, and gang-related offenses, including 
        technical assistance and training to counsel and treat such 
        offenders.

``SEC. 2102. STATE APPLICATIONS.

    ``(a) In General.--To request a grant under this part, the chief 
executive of a State shall submit an application to the Director in 
such form and containing such information as the Director may 
reasonably require.
    ``(b) Assurances.--An application under subsection (a) shall 
include assurances that Federal funds received under this part shall be 
used to supplement, not supplant, non-Federal funds that would 
otherwise be available for activities funded under this part.
    ``(c) State Office.--The office designated under section 507 
shall--
            ``(1) prepare the application as required under subsection 
        (a); and
            ``(2) administer grant funds received under this part, 
        including review of spending, processing, progress, financial 
        reporting, technical assistance, grant adjustments, accounting, 
        auditing, and fund disbursement.

``SEC. 2103. REVIEW OF STATE APPLICATIONS.

    ``(a) In General.--The Director shall make a grant under section 
2101(a) to carry out the projects described in the application 
submitted by an applicant under section 2102 upon determining that--
            ``(1) the application is consistent with the requirements 
        of this part; and
            ``(2) before the approval of the application, the Director 
        has made an affirmative finding in writing that the proposed 
        project has been reviewed in accordance with this part.
    ``(b) Approval.--An application submitted under section 2102 shall 
be considered approved, in whole or in part, by the Director not later 
than 45 days after it is first received unless the Director informs the 
applicant of specific reasons for disapproval.
    ``(c) Restriction.--Grant funds received under this part shall not 
be used for land acquisition or construction projects other than 
alternative facilities described in section 2101(b) for young non-
violent offenders.
    ``(d) Disapproval Notice and Reconsideration.--The Director shall 
not disapprove any application without first affording the applicant 
reasonable notice and an opportunity for reconsideration.

``SEC. 2104. LOCAL APPLICATIONS.

    ``(a) In General.--To request funds under this part from a State, 
the chief executive of a unit of local government shall submit an 
application to the office designated under section 507.
    ``(b) Approval.--An application under paragraph (1) shall be 
considered approved, in whole or in part, by the State not later than 
90 days after the application is first received unless the State 
informs the applicant in writing of specific reasons for disapproval.
    ``(c) Disapproval.--The State shall not disapprove any application 
submitted to the State without first affording the applicant reasonable 
notice and an opportunity for reconsideration.
    ``(d) Effect of Approval.--If an application under paragraph (1) is 
approved, the unit of local government is eligible to receive the 
requested funds.
    ``(e) Distribution to Units of Local Government.--
            ``(1) In general.--A State that receives funds under 
        section 2101 in a fiscal year shall make such funds available 
        to units of local government with an application that has been 
        submitted and approved by the State within 90 days after the 
        Director has approved the application submitted by the State 
        and has made funds available to the State.
            ``(2) Waiver.--The Director may waive the 90-day 
        requirement of paragraph (1) upon a finding that the State is 
        unable to satisfy the requirement under State statutes.

``SEC. 2105. ALLOCATION AND DISTRIBUTION OF FUNDS.

    ``(a) State Distribution.--Of the total amount appropriated under 
this part in any fiscal year--
            ``(1) 0.4 percent shall be allocated to each of the 
        participating States; and
            ``(2) of the total funds remaining after the allocation 
        under paragraph (1), there shall be allocated to each of the 
        participating States an amount that bears the same ratio to the 
        amount of remaining funds described in this paragraph as the 
        number of young non-violent offenders of the State bears to the 
        number of young non-violent offenders in all the participating 
        States.
    ``(b) Local Distribution.--
            ``(1) In general.--A State that receives funds under this 
        part in a fiscal year shall distribute to units of local 
        government in the State for the purposes specified in section 
        2101 the portion of such funds that bears the same ratio to the 
        aggregate amount of such funds as the amount of funds expended 
        by all units of local government for criminal justice in the 
        preceding fiscal year bears to the aggregate amount of funds 
        expended by the State and all units of local government in the 
        State for criminal justice in such preceding fiscal year.
            ``(2) Undistributed funds.--Any funds not distributed to 
        units of local government under paragraph (1) shall be 
        available for expenditure by the State for purposes specified 
        in section 2101.
            ``(3) Award of funds by the director.--If the Director 
        determines, on the basis of information available during any 
        fiscal year, that a portion of the funds allocated to a State 
        for a fiscal year will not be used by the State or that a State 
        is not eligible to receive funds under section 2101, the 
        Director shall award such funds to units of local government in 
        the State, giving priority to the units of local government 
        that the Director considers to have the greatest need.
    ``(c) Federal Share.--The Federal share of a grant made under this 
part may not exceed 75 percent of the total costs of the projects 
described in the application submitted under section 2102(a) for the 
fiscal year for which the projects receive assistance under this part.
    ``(d) Geographic Distribution.--The Director shall attempt, to the 
extent practicable, to achieve an equitable geographic distribution of 
grant awards.

``SEC. 2106. EVALUATION.

    ``(a) Submission.--
            ``(1) In general.--Each State and local unit of government 
        that receives a grant under this part shall submit to the 
        Director an evaluation not later than March 1 of each year in 
        accordance with guidelines issued by the Director and in 
        consultation with the National Institute of Justice.
            ``(2) Waiver.--The Director may waive the requirement 
        specified in paragraph (1) if the Director determines that an 
        evaluation is not warranted in the case of a particular State 
        or unit of local government.
    ``(b) Distribution.--The Director shall make available to the 
public on a timely basis evaluations received under subsection (a).
    ``(c) Administrative Costs.--A State and local unit of government 
may use not more than 5 percent of funds it receives under this part to 
develop an evaluation program under this section.''.
    (b) Technical Amendment.--The table of contents of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et 
seq.), as amended by section 1202(b), is amended by striking the matter 
relating to part U and inserting the following:

   ``Part U--Alternative Punishments for Young Non-Violent Offenders

``Sec. 2101. Grant authorization.
``Sec. 2102. State applications.
``Sec. 2103. Review of State applications.
``Sec. 2104. Local applications.
``Sec. 2105. Allocation and distribution of funds.
``Sec. 2106. Evaluation.
             ``Part V--Transition; Effective Date; Repealer

``Sec. 2201. Continuation of rules, authorities, and proceedings.''.
    (c) Definition.--Section 901(a) of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3791(a)) is amended by adding at 
the end the following new paragraph:
            ``(24) `young non-violent offender' means a non-violent 
        first-time offender or violent offender with a minor criminal 
        record who is 28 years of age or younger.''.
    (d) Authorization of Appropriations.--Section 1001(a) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3793), as amended by section 1202(c), is amended--
            (1) in paragraph (3) by striking ``and T'' and inserting 
        ``T, and U''; and
            (2) by adding at the end the following new paragraph:
    ``(15) There are authorized to be appropriated to carry out the 
projects under part U $200,000,000 for each of fiscal years 1995, 1996, 
and 1997.''.

SEC. 1204. RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR PRISONERS.

    (a) In General.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 
1203(a), is amended--
            (1) by redesignating part V as part W;
            (2) by redesignating section 2201 as section 2301; and
            (3) by inserting after part U the following new part:

     ``PART V--RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR PRISONERS

``SEC. 2201. GRANT AUTHORIZATION.

    ``The Director of the Bureau of Justice Assistance (referred to in 
this part as the `Director') may make grants under this part to States, 
for the use by States for the purpose of developing and implementing 
residential substance abuse treatment programs within State 
correctional facilities, including residential substance abuse 
treatment programs for offenders who violate the terms of any post-
conviction diversion program and who are committed to State 
correctional facilities.

``SEC. 2202. STATE APPLICATIONS.

    ``(a) In General.--(1) To request a grant under this part the chief 
executive of a State shall submit an application to the Director in 
such form and containing such information as the Director may 
reasonably require.
    ``(2) Such application shall include assurances that Federal funds 
received under this part shall be used to supplement, not supplant, 
non-Federal funds that would otherwise be available for activities 
funded under this part.
    ``(3) Such application shall coordinate the design and 
implementation of treatment programs between State correctional 
representatives and the State alcohol and drug abuse agency.
    ``(b) Drug Testing Requirement.--To be eligible to receive funds 
under this part, a State must agree to implement or continue to require 
urinalysis or similar testing of individuals in correctional 
residential substance abuse treatment programs. Such testing shall 
include individuals released from residential substance abuse treatment 
programs who remain in the custody of the State.
    ``(c) Eligibility for Preference With After Care Component.--
            ``(1) To be eligible for a preference under this part, a 
        State must ensure that individuals who participate in the drug 
        treatment program established or implemented with assistance 
        provided under this part will be provided with aftercare 
        services.
            ``(2) State aftercare services must involve the 
        coordination of the prison treatment program with other human 
        service and rehabilitation programs, such as educational and 
        job training programs, parole supervision programs, half-way 
        house programs, and participation in self-help and peer group 
        programs, that may aid in the rehabilitation of individuals in 
        the drug treatment program.
            ``(3) To qualify as an aftercare program, the head of the 
        drug treatment program, in conjunction with State and local 
        authorities and organizations involved in drug treatment, shall 
        assist in placement of drug treatment program participants with 
        appropriate community drug treatment facilities when such 
        individuals leave prison at the end of a sentence or on parole.
    ``(d) State Office.--The office designated under section 507--
            ``(1) shall prepare the application as required under this 
        section; and
            ``(2) shall administer grant funds received under this 
        part, including, review of spending, processing, progress, 
        financial reporting, technical assistance, grant adjustments, 
        accounting, auditing, and fund disbursement.

``SEC. 2203. REVIEW OF STATE APPLICATIONS.

    ``(a) In General.--The Bureau shall make a grant under section 2201 
to carry out the projects described in the application submitted under 
section 2202 upon determining that--
            ``(1) the application is consistent with the requirements 
        of this part; and
            ``(2) before the approval of the application the Bureau has 
        made an affirmative finding in writing that the proposed 
        project has been reviewed in accordance with this part.
    ``(b) Approval.--Each application submitted under section 2202 
shall be considered approved, in whole or in part, by the Bureau not 
later than 90 days after first received unless the Bureau informs the 
applicant of specific reasons for disapproval.
    ``(c) Restriction.--Grant funds received under this part shall not 
be used for land acquisition or construction projects.
    ``(d) Disapproval Notice and Reconsideration.--The Bureau shall not 
disapprove any application without first affording the applicant 
reasonable notice and an opportunity for reconsideration.

``SEC. 2204. ALLOCATION AND DISTRIBUTION OF FUNDS.

    ``(a) Allocation.--Of the total amount appropriated under this part 
in any fiscal year--
            ``(1) 0.4 percent shall be allocated to each of the 
        participating States; and
            ``(2) of the total funds remaining after the allocation 
        under paragraph (1), there shall be allocated to each of the 
        participating States an amount that bears the same ratio to the 
        amount of remaining funds described in this paragraph as the 
        State prison population of the State bears to the total prison 
        population of all of the participating States.
    ``(b) Federal Share.--The Federal share of a grant made under this 
part may not exceed 75 percent of the total costs of the projects 
described in the application submitted under section 2202 for the 
fiscal year for which the projects receive assistance under this part.

``SEC. 2205. EVALUATION.

    ``Each State that receives a grant under this part shall submit to 
the Director an evaluation not later than March 1 of each year in such 
form and containing such information as the Director may reasonably 
require.''.
    (b) Technical Amendment.--The table of contents of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et 
seq.), as amended by section 1203(b), is amended by striking the matter 
relating to part V and inserting the following:

     ``Part V--Residential Substance Abuse Treatment for Prisoners

``Sec. 2201. Grant authorization.
``Sec. 2202. State applications.
``Sec. 2203. Review of State applications.
``Sec. 2204. Allocation and distribution of funds.
``Sec. 2205. Evaluation.
             ``Part W--Transition; Effective Date; Repealer

``Sec. 2301. Continuation of rules, authorities, and proceedings.''.
    (c) Definitions.--Section 901(a) of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3791(a)), as amended by section 
2102(c), is amended by adding at the end the following new paragraph:
            ``(25) `residential substance abuse treatment program' 
        means a course of individual and group activities, lasting 
        between 6 and 12 months, in residential treatment facilities 
        set apart from the general prison population--
                    ``(A) directed at the substance abuse problems of 
                the prisoner; and
                    ``(B) intended to develop the prisoner's cognitive, 
                behavioral, social, vocational, and other skills so as 
                to solve the prisoner's substance abuse and related 
                problems.''.
    (d) Authorization of Appropriations.--Section 1001(a) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3793), as amended by section 1202(d), is amended--
            (1) in paragraph (3) by striking ``and U'' and inserting 
        ``U, and V''; and
            (2) by adding at the end the following new paragraph:
    ``(16) There are authorized to be appropriated to carry out 
projects under part V $100,000,000 for each of fiscal years 1995, 1996, 
and 1997.''.

                          TITLE XIII--PRISONS

                      Subtitle A--Federal Prisons

SEC. 1301. PRISONER'S PLACE OF IMPRISONMENT.

    Paragraph (b) of section 3621 of title 18, United States Code, is 
amended by inserting after subsection (5) the following: ``In 
designating the place of imprisonment or making transfers under this 
subsection, there shall be no favoritism given to prisoners of high 
social or economic status.''.

SEC. 1302. PRISON IMPACT ASSESSMENTS.

    (a) In General.--Chapter 303 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 4047. Prison impact assessments
    ``(a) Any submission of legislation by the Judicial or Executive 
branch which could increase or decrease the number of persons 
incarcerated or in Federal penal institutions shall be accompanied by a 
prison impact statement, as defined in subsection (b) of this section.
    ``(b) The Attorney General shall, in consultation with the 
Sentencing Commission and the Administrative Office of the United 
States Courts, prepare and furnish prison impact assessments under 
subsection (c) of this section, and in response to requests from 
Congress for information relating to a pending measure or matter that 
might affect the number of defendants processed through the Federal 
criminal justice system. A prison impact assessment on pending 
legislation must be supplied within 14 days of any request. A prison 
impact assessment shall include--
            ``(1) projections of the impact on prison, probation, and 
        post prison supervision populations;
            ``(2) an estimate of the fiscal impact of such population 
        changes on Federal expenditures, including those for 
        construction and operation of correctional facilities for the 
        current fiscal year and 5 succeeding fiscal years;
            ``(3) an analysis of any other significant factor affecting 
        the cost of the measure and its impact on the operations of 
        components of the criminal justice system; and
            ``(4) a statement of the methodologies and assumptions 
        utilized in preparing the assessment.
    ``(c) The Attorney General shall prepare and transmit to the 
Congress, by March 1 of each year, a prison impact assessment 
reflecting the cumulative effect of all relevant changes in the law 
taking effect during the preceding calendar year.''.
    (b) Technical Amendment.--The chapter analysis for chapter 303 is 
amended by adding at the end the following new item:

``4047. Prison impact assessments.''.

SEC. 1303. FEDERAL PRISONER DRUG TESTING.

    (a) Short Title.--This title may be cited as the ``Federal Prisoner 
Drug Testing Act of 1993''.
    (b) Drug Testing Program.--(1) Chapter 229 of title 18, United 
States Code, is amended by adding at the end the following new section:
``Sec. 3608. Drug testing of Federal offenders on post-conviction 
              release
    ``The Director of the Administrative Office of the United States 
Courts, in consultation with the Attorney General and the Secretary of 
Health and Human Services, shall, subject to the availability of 
appropriations, establish a program of drug testing of Federal 
offenders on post-conviction release. The program shall include such 
standards and guidelines as the Director may determine necessary to 
ensure the reliability and accuracy of the drug testing programs. In 
each judicial district the chief probation officer shall arrange for 
the drug testing of defendants on post-conviction release pursuant to a 
conviction for a felony or other offense described in section 
3563(a)(4) of this title. There are authorized to be appropriated for 
each fiscal year such sums as are necessary to carry out this 
section.''.
    (2) The table of sections at the beginning of chapter 229 of title 
18, United States Code, is amended by adding at the end the following:

``3608. Drug testing of Federal offenders on post-conviction 
                            release.''.
    (c) Conditions of Probation.--Section 3563(a) of title 18, United 
States Code, is amended--
            (1) in paragraph (2) by striking ``and'' after the 
        semicolon;
            (2) in paragraph (3) by striking the period and inserting 
        ``; and'';
            (3) by adding at the end the following new paragraph:
            ``(4) for a felony, a misdemeanor, or an infraction, that 
        the defendant refrain from any unlawful use of a controlled 
        substance and submit to one drug test within 15 days of release 
        on probation and at least 2 periodic drug tests thereafter (as 
        determined by the court) for use of a controlled substance, but 
        the condition stated in this paragraph may be ameliorated or 
        suspended by the court for any individual defendant if the 
        defendant's presentence report or other reliable sentencing 
        information indicates a low risk of future substance abuse by 
        the defendant.''; and
            (4) by adding at the end the following: ``The results of a 
        drug test administered in accordance with paragraph (4) shall 
        be subject to confirmation only if the results are positive, 
        the defendant is subject to possible imprisonment for such 
        failure, and either the defendant denies the accuracy of such 
        test or there is some other reason to question the results of 
        the test. A defendant who tests positive may be detained 
        pending verification of a positive drug test result. A drug 
        test confirmation shall be a urine drug test confirmed using 
        gas chromatography/mass spectrometry techniques or such test as 
        the Director of the Administrative Office of the United States 
        Courts after consultation with the Secretary of Health and 
        Human Services may determine to be of equivalent accuracy. 
        Notwithstanding the requirements of section 3565(b), the court 
        shall consider the availability of appropriate substance abuse 
        treatment programs when considering any action against a 
        defendant who fails a drug test administered in accordance with 
        paragraph (4).''.
    (d) Conditions on Supervised Release.--Section 3583(d) of title 18, 
United States Code, is amended by inserting after the first sentence 
the following: ``The court shall also order, as an explicit condition 
of supervised release, that the defendant refrain from any unlawful use 
of a controlled substance and submit to a drug test within 15 days of 
release on supervised release and at least 2 periodic drug tests 
thereafter (as determined by the court) for use of a controlled 
substance. The condition stated in the preceding sentence may be 
ameliorated or suspended by the court as provided in section 
3563(a)(4). The results of a drug test administered in accordance with 
the preceding subsection shall be subject to confirmation only if the 
results are positive, the defendant is subject to possible imprisonment 
for such failure, and either the defendant denies the accuracy of such 
test or there is some other reason to question the results of the test. 
A drug test confirmation shall be a urine drug test confirmed using gas 
chromatography/mass spectrometry techniques or such test as the 
Director of the Administrative Office of the United States Courts after 
consultation with the Secretary of Health and Human Services may 
determine to be of equivalent accuracy. Notwithstanding the 
requirements of section 3583(g), the court shall consider the 
availability of appropriate substance abuse treatment programs when 
considering any action against a defendant who fails a drug test.''.
    (e) Conditions of Parole.--Section 4209(a) of title 18, United 
States Code, is amended by inserting after the first sentence the 
following: ``In every case, the Commission shall also impose as a 
condition of parole that the parolee pass a drug test prior to release 
and refrain from any unlawful use of a controlled substance and submit 
to at least 2 periodic drug tests (as determined by the Commission) for 
use of a controlled substance. The condition stated in the preceding 
sentence may be ameliorated or suspended by the Commission for any 
individual parolee if it determines that there is good cause for doing 
so. The results of a drug test administered in accordance with the 
provisions of the preceding sentence shall be subject to confirmation 
only if the results are positive, the defendant is subject to possible 
imprisonment for such failure, and either the defendant denies the 
accuracy of such test or there is some other reason to question the 
results of the test. A drug test confirmation shall be a urine drug 
test confirmed using gas chromatography/mass spectrometry techniques or 
such test as the Director of the Administrative Office of the United 
States Courts after consultation with the Secretary of Health and Human 
Services may determine to be of equivalent accuracy. Notwithstanding 
the requirements of section 4214(f), the Commission shall consider the 
availability of appropriate substance abuse treatment programs when 
considering any action against a defendant who fails a drug test.''.

SEC. 1304. DRUG TREATMENT IN FEDERAL PRISONS.

    (a) Short Title.--This section may be cited as the ``Drug Treatment 
in Federal Prisons Act of 1993''.
    (b) Definitions.--As used in this section--
            (1) the term ``residential substance abuse treatment'' 
        means a course of individual and group activities, lasting 
        between 6 and 12 months, in residential treatment facilities 
        set apart from the general prison population--
                    (A) directed at the substance abuse problems of the 
                prisoner; and
                    (B) intended to develop the prisoner's cognitive, 
                behavioral, social, vocational, and other skills so as 
                to solve the prisoner's substance abuse and related 
                problems; and
            (2) the term ``eligible prisoner'' means a prisoner who 
        is--
                    (A) determined by the Bureau of Prisons to have a 
                substance abuse problem; and
                    (B) willing to participate in a residential 
                substance abuse treatment program.
    (c) Implementation of Substance Abuse Treatment Requirement.--
            (1) In order to carry out the requirement of the last 
        sentence of section 3621(b) of title 18, United States Code, 
        that every prisoner with a substance abuse problem have the 
        opportunity to participate in appropriate substance abuse 
        treatment, the Bureau of Prisons shall, subject to the 
        availability of appropriations, provide residential substance 
        abuse treatment--
                    (A) for not less than 50 percent of eligible 
                prisoners by the end of fiscal year 1995;
                    (B) for not less than 75 percent of eligible 
                prisoners by the end of fiscal year 1996; and
                    (C) for all eligible prisoners by the end of fiscal 
                year 1997 and thereafter.
            (2) Section 3621 of title 18, United States Code, is 
        amended by adding at the end the following:
    ``(d) Incentive for Prisoners' Successful Completion of Treatment 
Program.--
            ``(1) Generally.--Any prisoner who, in the judgment of the 
        Director of the Bureau of Prisons, has successfully completed a 
        program of residential substance abuse treatment provided under 
        subsection (b) of this section, shall remain in the custody of 
        the Bureau for such time (as limited by paragraph (2) of this 
        subsection) and under such conditions, as the Bureau deems 
        appropriate. If the conditions of confinement are different 
        from those the prisoner would have experienced absent the 
        successful completion of the treatment, the Bureau shall 
        periodically test the prisoner for drug abuse and discontinue 
        such conditions on determining that drug abuse has recurred.
            ``(2) Period of Custody.--The period the prisoner remains 
        in custody after successfully completing a treatment program 
        shall not exceed the prison term the law would otherwise 
        require such prisoner to serve, but may not be less than such 
        term minus one year.''.
    (d) Report.--The Bureau of Prisons shall transmit to the Congress 
on January 1, 1993, and on January 1 of each year thereafter, a report. 
Such report shall contain--
            (1) a detailed quantitative and qualitative description of 
        each substance abuse treatment program, residential or not, 
        operated by the Bureau;
            (2) a full explanation of how eligibility for such programs 
        is determined, with complete information on what proportion of 
        prisoners with substance abuse problems are eligible; and
            (3) a complete statement of to what extent the Bureau has 
        achieved compliance with the requirements of this title.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated for fiscal year 1995 and each fiscal year thereafter such 
sums as may be necessary to carry out this title.

SEC. 1305. SENTENCES TO ACCOUNT FOR COSTS TO THE GOVERNMENT OF 
              IMPRISONMENT, RELEASE, AND PROBATION.

    (a) Imposition of Sentence.--Section 3572(a) of title 18, United 
States Code, is amended--
            (1) by redesignating paragraphs (6) and (7) as paragraphs 
        (7) and (8), respectively; and
            (2) by inserting after paragraph (5) the following new 
        paragraph:
            ``(6) the expected costs to the government of any 
        imprisonment, supervised release, or probation component of the 
        sentence;''.
    (b) Duties of the Sentencing Commission.--Section 994 of title 28, 
United States Code, is amended by adding at the end the following new 
subsection:
    ``(y) The Commission, in promulgating guidelines pursuant to 
subsection (a)(1), may include, as a component of a fine, the expected 
costs to the Government of any imprisonment, supervised release, or 
probation sentence that is ordered.''.

                       Subtitle B--State Prisons

SEC. 1321. BOOT CAMPS AND REGIONAL PRISONS FOR VIOLENT DRUG OFFENDERS.

    (a) Definition.--In this section, ``boot camp prison program'' 
means a correctional program of not more than 6 months' duration 
involving--
            (1) assignment for participation in the program, in 
        conformity with State law, by prisoners other than prisoners 
        who have been convicted at any time of a violent felony;
            (2) adherence by inmates to a highly regimented schedule 
        that involves strict discipline, physical training, and work;
            (3) participation by inmates in appropriate education, job 
        training, and substance abuse counseling or treatment; and
            (4) aftercare services for inmates following release that 
        are coordinated with the program carried out during the period 
        of imprisonment.
    (b) Establishment of Grant and Technical Assistance Program.--
            (1) In general.--The Attorney General may make grants to 
        States and to multi-State compact associations for the purposes 
        of--
                    (A) developing, constructing, expanding, and 
                improving boot camp prison programs;
                    (B) developing, constructing, and operating 
                regional prisons that house and provide treatment for 
                violent offenders with serious substance abuse 
                problems; and
                    (C) assisting in activating existing boot camp or 
                prison facilities that are unutilized or underutilized 
                because of lack of funding.
            (2) Technical assistance.--The Attorney General may provide 
        technical assistance to grantees under this section.
            (3) Utilization of components.--The Attorney General may 
        utilize any component or components of the Department of 
        Justice in carrying out this section.
    (c) State and Multi-State Compact Applications.--
            (1) In general.--To request a grant under this section, the 
        chief executive of a State or the coordinator of a multi-State 
        compact association shall submit an application to the Attorney 
        General in such form and containing such information as the 
        Attorney General may prescribe by regulation or guidelines.
            (2) Content of application.--In accordance with the 
        regulations or guidelines established by the Attorney General, 
        an application for a grant under this section shall--
                    (A) include a long-term strategy and detailed 
                implementation plan;
                    (B) include evidence of the existence of, and 
                describe the terms of, a multi-State compact for any 
                multiple-State plan;
                    (C) provide a description of any construction 
                activities, including cost estimates, that will be a 
                part of any plan;
                    (D) provide a description of the criteria for 
                selection of prisoners for participating in a boot camp 
                prison program or assignment to a regional prison or 
                activated prison or boot camp facility that is to be 
                funded;
                    (E) provide assurances that the boot camp prison 
                program, regional prison, or activated prison or boot 
                camp facility that receives funding will provide work 
                programs, education, job training, and appropriate drug 
                treatment for inmates;
                    (F) provide assurances that--
                            (i) prisoners who participate in a boot 
                        camp prison program or are assigned to a 
                        regional prison or activated prison or boot 
                        camp facility that receives funding will be 
                        provided with aftercare services; and
                            (ii) a substantial proportion of the 
                        population of any regional prison that receives 
                        funds under this section will be violent 
                        offenders with serious substance abuse 
                        problems, and provision of treatment for such 
                        offenders will be a priority element of the 
                        prison's mission;
                    (G) provide assurances that aftercare services will 
                involve the coordination of the boot camp prison 
                program, regional prison, or activated prison or boot 
                camp facility, with other human service and 
                rehabilitation programs (such as educational and job 
                training programs, drug counseling or treatment, parole 
                or other post-release supervision programs, halfway 
                house programs, job placement programs, and 
                participation in self-help and peer group programs) 
                that reduce the likelihood of further criminality by 
                prisoners who participate in a boot camp program or are 
                assigned to a regional prison or activated prison or 
                boot camp facility following release;
                    (H) explain the applicant's inability to fund the 
                program adequately without Federal assistance;
                    (I) identify related governmental and community 
                initiatives that complement or will be coordinated with 
                the proposal;
                    (J) certify that there has been appropriate 
                coordination with all affected agencies; and
                    (K) specify plans for obtaining necessary support 
                and continuing the proposed program following the 
                conclusion of Federal support.
    (d) Limitations on Funds.--
            (1) Nonsupplanting requirement.--Funds made available under 
        this section shall not be used to supplant State funds, but 
        shall be used to increase the amount of funds that would, in 
        the absence of Federal funds, be made available from State 
        sources.
            (2) Administrative costs.--No more than 5 percent of the 
        funds available under this section may be used for 
        administrative costs.
            (3) Matching funds.--The portion of the costs of a program 
        provided by a grant under this section may not exceed 75 
        percent of the total cost of the program as described in the 
        application.
            (4) Duration of grants.--
                    (A) In general.--A grant under this section may be 
                renewed for up to 3 years beyond the initial year of 
                funding if the applicant demonstrates satisfactory 
                progress toward achievement of the objectives set out 
                in an approved application.
                    (B) Multiyear grants.--A multiyear grant may be 
                made under this section so long as the total duration 
                of the grant, including any renewals, does not exceed 4 
                years.
    (e) Conversion of Property and Facilities at Closed or Realigned 
Military Installations Into Boot Camp Prisons and Regional Prisons.--
            (1) Definition.--In this subsection, ``base closure law'' 
        means--
                    (A) title II of the Defense Authorization 
                Amendments and Base Closure and Realignment Act (10 
                U.S.C. 2687 note);
                    (B) the Defense Base Closure and Realignment Act of 
                1990 (part A of title XXIX of Public Law 101-510; 10 
                U.S.C. 2687 note);
                    (C) section 2687 of title 10, United States Code; 
                and
                    (D) any other similar law.
            (2) Determination of suitability for conversion.--
        Notwithstanding any base closure law, the Secretary of Defense 
        may not take any action to dispose of or transfer any real 
        property or facility located at a military installation to be 
        closed or realigned under a base closure law until the 
        Secretary notifies the Attorney General of any property or 
        facility at that installation that is suitable for use as a 
        boot camp prison or regional prison.
            (3) Transfer.--The Secretary shall, upon the request of the 
        Attorney General, transfer to the Attorney General, without 
        reimbursement, the property or facilities covered by the 
        notification referred to in paragraph (2) in order to permit 
        the Attorney General to utilize the property or facilities as a 
        boot camp prison or regional prison.
            (4) Report.--Not later than 6 months after the date of 
        enactment of this Act, the Attorney General shall prepare and 
        disseminate to State and local officials a report listing any 
        real property or facility located at a military installation to 
        be closed or realigned under a base closure law that is 
        suitable for use as a boot camp prison or regional prison. The 
        Attorney General shall periodically update this report for 
        dissemination to State and local officials.
            (5) Applicability.--This subsection shall apply with 
        respect to property or facilities located at military 
        installations the closure or realignment of which commences 
        after the date of enactment of this Act.
    (f) Performance Evaluation.--
            (1) Evaluation components.--
                    (A) In general.--Each boot camp prison, regional 
                prison, and activated prison or boot camp facility 
                program funded under this section shall contain an 
                evaluation component developed pursuant to guidelines 
                established by the Attorney General.
                    (B) Outcome measures.--The evaluations required by 
                this paragraph shall include outcome measures that can 
                be used to determine the effectiveness of the funded 
                programs, including the effectiveness of such programs 
                in comparison with other correctional programs or 
                dispositions in reducing the incidence of recidivism.
            (2) Periodic review and reports.--
                    (A) Review.--The Attorney General shall review the 
                performance of each grant recipient under this section.
                    (B) Reports.--The Attorney General may require a 
                grant recipient to submit to the Attorney General the 
                results of the evaluations required under paragraph (1) 
                and such other data and information as the Attorney 
                General deems reasonably necessary to carry out the 
                Attorney General's responsibilities under this section.
            (3) Report to congress.--The Attorney General shall submit 
        an annual report to Congress describing the grants awarded 
        under this section and providing an assessment of the 
        operations of the programs receiving grants.
    (g) Revocation or Suspension of Funding.--If the Attorney General 
determines, as a result of the reviews required by subsection (f), or 
otherwise, that a grant recipient under this section is not in 
substantial compliance with the terms and requirements of an approved 
grant application, the Attorney General may revoke or suspend funding 
of the grant in whole or in part.
    (h) Access to Documents.--The Attorney General and the Comptroller 
General shall have access for the purpose of audit and examination to--
            (1) the pertinent books, documents, papers, or records of a 
        grant recipient under this section; and
            (2) the pertinent books, documents, papers, or records of 
        other persons and entities that are involved in programs for 
        which assistance is provided under this section.
    (i) General Regulatory Authority.--The Attorney General may issue 
regulations and guidelines to carry out this section.
    (j) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section $2,000,000,000, to remain available 
        until expended.
            (2) Use of appropriated funds.--No more than one-third of 
        the amounts appropriated under paragraph (1) may be used to 
        make grants for the construction, development, and operation of 
        regional prisons under subsection (b)(1)(B).

SEC. 1322. NATIONAL INSTITUTE OF JUSTICE STUDY.

    (a) Feasibility Study.--The National Institute of Justice shall 
study the feasibility of establishing a clearinghouse to provide 
information to interested persons to facilitate the transfer of 
prisoners in State correctional institutions to other such correctional 
institutions, pursuant to the Interstate Corrections Compact or other 
applicable interstate compact, for the purpose of allowing prisoners to 
serve their prison sentences at correctional institutions in close 
proximity to their families.
    (b) Report to Congress.--The National Institute of Justice shall, 
not later than 1 year after the date of the enactment of this Act, 
submit to the Committees on the Judiciary of the House of 
Representatives and the Senate a report containing the results of the 
study conducted under subsection (a), together with any recommendations 
the Institute may have on establishing a clearinghouse described in 
such subsection.
    (c) Definition.--For purposes of this section, the term ``State'' 
includes the District of Columbia and any territory or possession of 
the United States.

SEC. 1323. STUDY AND ASSESSMENT OF ALCOHOL USE AND TREATMENT.

    The Director of the National Institute of Justice shall--
            (1) conduct a study to compare the recidivism rates of 
        individuals under the influence of alcohol or alcohol in 
        combination with other drugs at the time of their offense--
                    (A) who participated in a residential treatment 
                program while in the custody of the State; and
                    (B) who did not participate in a residential 
                treatment program while in the custody of the State; 
                and
            (2) conduct a nationwide assessment regarding the use of 
        alcohol and alcohol in combination with other drugs as a factor 
        in violent, domestic, and general criminal activity.

SEC. 1324. NOTIFICATION OF RELEASE OF PRISONERS.

    Section 4042 of title 18, United States Code, is amended--
            (1) by striking ``The Bureau'' and inserting ``(a) In 
        General.--The Bureau'';
            (2) by striking ``This section'' and inserting ``(c) 
        Application of Section.--This section'';
            (3) in paragraph (4) of subsection (a), as designated by 
        paragraph (1) of this subsection--
                    (A) by striking ``Provide'' and inserting 
                ``provide''; and
                    (B) by striking the period at the end and inserting 
                ``; and'';
            (4) by inserting after paragraph (4) of subsection (a), as 
        designated by paragraph (1) of this subsection, the following 
        new paragraph:
            ``(5) provide notice of release of prisoners in accordance 
        with subsection (b).''; and
            (5) by inserting after subsection (a), as designated by 
        paragraph (1) of this subsection, the following new subsection:
    ``(b) Notice of Release of Prisoners.--(1) Except in the case of a 
prisoner being protected under chapter 224, the Bureau of Prisons 
shall, at least 5 days prior to the date on which a prisoner described 
in paragraph (3) is to be released on supervised release, or, in the 
case of a prisoner on supervised release, at least 5 days prior to the 
date on which the prisoner changes residence to a new jurisdiction, 
cause written notice of the release or change of residence to be made 
to the chief law enforcement officer of the State and of the local 
jurisdiction in which the prisoner will reside.
    ``(2) A notice under paragraph (1) shall disclose--
            ``(A) the prisoner's name;
            ``(B) the prisoner's criminal history, including a 
        description of the offense of which the prisoner was convicted; 
        and
            ``(C) any restrictions on conduct or other conditions to 
        the release of the prisoner that are imposed by law, the 
        sentencing court, or the Bureau of Prisons or any other Federal 
        agency.
    ``(3) A prisoner is described in this paragraph if the prisoner was 
convicted of--
            ``(A) a drug trafficking crime, as that term is defined in 
        section 924(c)(2); or
            ``(B) a crime of violence, as that term is defined in 
        section 924(c)(3).
    ``(4) The notice provided under this section shall be used solely 
for law enforcement purposes.''.

SEC. 1325. APPLICATION TO PRISONERS TO WHICH PRIOR LAW APPLIES.

    In the case of a prisoner convicted of an offense committed prior 
to November 1, 1987, the reference to supervised release in section 
4042(b) of title 18, United States Code, shall be deemed to be a 
reference to probation or parole.

                         TITLE XIV--RURAL CRIME

          Subtitle A--Fighting Drug Trafficking in Rural Areas

SEC. 1401. AUTHORIZATIONS FOR RURAL LAW ENFORCEMENT AGENCIES.

    (a) Authorization of Appropriations.--Section 1001(a)(9) of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3793(9)) is amended by striking ``and such'' and all that follows 
through ``part O'' and inserting ``$50,000,000 for fiscal year 1995 and 
such sums as are necessary for fiscal years 1996 and 1997 to carry out 
part O''.
    (b) Amendment to Base Allocation.--Section 1501(a)(2)(A) of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by 
striking ``$100,000'' and inserting ``$250,000''.

SEC. 1402. RURAL DRUG ENFORCEMENT TASK FORCES.

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

SEC. 1403. CROSS-DESIGNATION OF FEDERAL OFFICERS.

    The Attorney General may cross-designate up to 100 law enforcement 
officers from each of the agencies specified under section 1402(b)(5) 
with jurisdiction to enforce the provisions of the Controlled 
Substances Act on non-Federal lands to the extent necessary to effect 
the purposes of this title.

SEC. 1404. RURAL DRUG ENFORCEMENT TRAINING.

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

        Subtitle B--Drug Free Truck Stops and Safety Rest Areas

SEC. 1411. DRUG FREE TRUCK STOPS AND SAFETY REST AREAS.

    (a) Short Title.--This section may be cited as the ``Drug Free 
Truck Stop Act''.
    (b) Amendment to Controlled Substances Act.--
            (1) In general.--Part D of the Controlled Substances Act 
        (21 U.S.C. 801 et seq.) is amended by inserting after section 
        408 the following new section:

                    ``transportation safety offenses

    ``Sec. 409. (a) Definitions.--In this section--
            ```safety rest area' means a roadside facility with parking 
        facilities for the rest or other needs of motorists.
            ```truck stop' means a facility (including any parking lot 
        appurtenant thereto) that--
                    ``(A) has the capacity to provide fuel or service, 
                or both, to any commercial motor vehicle (as defined 
                under section 12019 of the Commercial Motor Vehicle 
                Safety Act of 1986 (49 U.S.C. App. 2716)) operating in 
                commerce (as defined in that section); and
                    ``(B) is located within 2,500 feet of the National 
                System of Interstate and Defense Highways or the 
                Federal-Aid Primary System.
    ``(b) First Offense.--A person who violates section 401(a)(1) or 
section 416 by distributing or possessing with intent to distribute a 
controlled substance in or on, or within 1,000 feet of, a truck stop or 
safety rest area is (except as provided in subsection (b)) subject to--
            ``(1) twice the maximum punishment authorized by section 
        401(b); and
            ``(2) twice any term of supervised release authorized by 
        section 401(b) for a first offense.
    ``(c) Subsequent Offense.--A person who violates section 401(a)(1) 
or section 416 by distributing or possessing with intent to distribute 
a controlled substance in or on, or within 1,000 feet of, a truck stop 
or a safety rest area after a prior conviction or convictions under 
subsection (a) have become final is subject to--
            ``(1) 3 times the maximum punishment authorized by section 
        401(b); and
            ``(2) 3 times any term of supervised release authorized by 
        section 401(b) for a first offense.''.
            (2) Technical amendments.--
                    (A) Cross reference.--Section 401(b) of the 
                Controlled Substances Act (21 U.S.C. 841(b)) is amended 
                by inserting ``409,'' before ``418,'' each place it 
                appears.
                    (B) Table of contents.--The table of contents of 
                the Comprehensive Drug Abuse Prevention and Control Act 
                of 1970 is amended by striking the item relating to 
                section 409 and inserting the following new item:

        ``Sec. 409. Transportation safety offenses.''.
    (c) Sentencing Guidelines.--Pursuant to its authority under section 
994 of title 28, United States Code, and section 21 of the Sentencing 
Act of 1987 (28 U.S.C. 994 note), the United States Sentencing 
Commission shall promulgate guidelines, or shall amend existing 
guidelines, to provide an appropriate enhancement of punishment for a 
defendant convicted of violating section 409 of the Controlled 
Substances Act, as added by subsection (b).

                         TITLE XV--DRUG CONTROL

                    Subtitle A--Increased Penalties

SEC. 1501. ENHANCEMENT OF PENALTIES FOR DRUG TRAFFICKING IN PRISONS.

    Section 1791 of title 18, United States Code, is amended--
            (1) in subsection (c), by inserting before ``Any'' the 
        following new sentence: ``Any punishment imposed under 
        subsection (b) for a violation of this section involving a 
        controlled substance shall be consecutive to any other sentence 
        imposed by any court for an offense involving such a controlled 
        substance.'';
            (2) in subsection (d)(1)(A), by inserting after ``a firearm 
        or destructive device'' the following: ``or a controlled 
        substance in schedule I or II, other than marijuana or a 
        controlled substance referred to in subparagraph (C) of this 
        subsection'';
            (3) in subsection (d)(1)(B), by inserting before 
        ``ammunition,'' the following: ``marijuana or a controlled 
        substance in schedule III, other than a controlled substance 
        referred to in subparagraph (C) of this subsection,'';
            (4) in subsection (d)(1)(C), by inserting 
        ``methamphetamine, its salts, isomers, and salts of its 
        isomers,'' after ``a narcotic drug,'';
            (5) in subsection (d)(1)(D), by inserting ``(A), (B), or'' 
        before ``(C)''; and
            (6) in subsection (b), by striking ``(c)'' each place it 
        appears and inserting ``(d)''.

SEC. 1502. CLOSING OF LOOPHOLE FOR ILLEGAL IMPORTATION OF SMALL DRUG 
              QUANTITIES.

    Section 497(a)(2)(A) of the Tariff Act of 1930 (19 U.S.C. 
1497(a)(2)(A)) is amended by adding ``or $500, whichever is greater'' 
after ``value of the article''.

SEC. 1503. PENALTIES FOR DRUG DEALING IN PUBLIC HOUSING AUTHORITY 
              FACILITIES.

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

SEC. 1504. ANABOLIC STEROIDS PENALTIES.

    Section 404 of the Controlled Substances Act (21 U.S.C. 844) is 
amended by inserting after subsection (a) the following:
    ``(b)(1) Whoever, being a physical trainer or adviser to an 
individual, endeavors to persuade or induce that individual to possess 
or use anabolic steroids in violation of subsection (a), shall be fined 
under title 18, United States Code, or imprisoned not more than 2 
years, or both. If such individual has not attained the age of 18 
years, the maximum imprisonment shall be 5 years.
    ``(2) As used in this subsection, the term `physical trainer or 
adviser' means any professional or amateur coach, manager, trainer, 
instructor, or other such person, who provides any athletic or physical 
instruction, training, advice, assistance, or other such service to any 
person.''.

SEC. 1505. INCREASED PENALTIES FOR DRUG-DEALING IN ``DRUG-FREE'' ZONES.

    Pursuant to its authority under section 994 of title 28, United 
States Code, the United States Sentencing Commission shall amend 
existing guidelines to provide that a defendant convicted of violating 
section 419 of the Controlled Substances Act (21 U.S.C. 860) shall be 
assigned an offense level under chapter 2 of the sentencing guidelines 
that is no less than level 20.

SEC. 1506. ENHANCED PENALTIES FOR ILLEGAL DRUG USE IN FEDERAL PRISONS.

    (a) Declaration of Policy.--It is the policy of the Federal 
Government that the use or distribution of illegal drugs in the 
Nation's Federal prisons will not be tolerated and that such crimes 
shall be prosecuted to the fullest extent of the law.
    (b) Sentencing Guidelines.--Pursuant to its authority under section 
994 of title 28, United States Code, the United States Sentencing 
Commission shall amend its sentencing guidelines to appropriately 
enhance the penalty for a person convicted of an offense--
            (1) under section 404 of the Controlled Substances Act 
        involving simple possession of a controlled substance within a 
        Federal prison or other Federal detention facility; or
            (2) under section 401(b) of the Controlled Substances Act 
        involving the smuggling of a controlled substance into a 
        Federal prison or other Federal detention facility or the 
        distribution or intended distribution of a controlled substance 
        within a Federal prison or other Federal detention facility.
    (c) No Probation or Suspension of Sentence.--Notwithstanding any 
other law, the court shall not place on probation or suspend the 
sentence of a person convicted of an offense described in subsection 
(b).

                  Subtitle B--Precursor Chemicals Act

SEC. 1511. SHORT TITLE.

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

SEC. 1512. DEFINITION AMENDMENTS.

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

                ``removal of exemption of certain drugs

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

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

SEC. 1513. REGISTRATION REQUIREMENTS.

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

SEC. 1514. REPORTING OF LISTED CHEMICAL MANUFACTURING.

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

SEC. 1515. REPORTS BY BROKERS AND TRADERS; CRIMINAL PENALTIES.

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

SEC. 1516. EXEMPTION AUTHORITY; ADDITIONAL PENALTIES.

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

SEC. 1517. AMENDMENTS TO LIST I.

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

SEC. 1518. ELIMINATION OF REGULAR SUPPLIER STATUS AND CREATION OF 
              REGULAR IMPORTER STATUS.

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

SEC. 1519. ADMINISTRATIVE INSPECTIONS AND AUTHORITY.

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

SEC. 1520. THRESHOLD AMOUNTS.

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

SEC. 1521. MANAGEMENT OF LISTED CHEMICALS.

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

                    ``management of listed chemicals

    ``Sec. 311. (a) Offense.--It is unlawful for a person who possesses 
a listed chemical with the intent that it be used in the illegal 
manufacture of a controlled substance to manage the listed chemical or 
waste from the manufacture of a controlled substance otherwise than as 
required by regulations issued under sections 3001, 3002, 3003, 3004, 
and 3005 of the Solid Waste Disposal Act (42 U.S.C. 6921, 6922, 6923, 
6924, and 6925).
    ``(b) Enhanced Penalty.--(1) In addition to a penalty that may be 
imposed for the illegal manufacture, possession, or distribution of a 
listed chemical or toxic residue of a clandestine laboratory, a person 
who violates subsection (a) shall be assessed the costs described in 
paragraph (2) and shall be imprisoned as described in paragraph (3).
    ``(2) Pursuant to paragraph (1) a defendant shall be assessed the 
following costs to the United States, a State, or another authority or 
person that undertakes to correct the results of the improper 
management of a listed chemical:
            ``(A) The cost of initial cleanup and disposal of the 
        listed chemical and contaminated property.
            ``(B) The cost of restoring property that is damaged by 
        exposure to a listed chemical for rehabilitation under Federal, 
        State, and local standards.
    ``(3)(A) A violation of subsection (a) shall be punished as a class 
D felony, or in the case of a willful violation, as a class C felony.
    ``(B) Pursuant to its authority under section 944 of title 28, 
United States Code, the United States Sentencing Commission shall amend 
its sentencing guidelines to provide for an appropriate enhancement of 
punishment for a willful violation of subsection (a).
    ``(4) A court may order that all or a portion of the earnings from 
work performed by a defendant in prison be withheld for payment of 
costs assessed under paragraph (2).
    ``(c) Use of Forfeited Assets.--The Attorney General may direct 
that assets forfeited under section 511 in connection with a 
prosecution under this section be shared with State agencies that 
participated in the seizure or cleaning up of a contaminated site.''.
    (b) Exception to Discharge in Bankruptcy.--Section 523(a) of title 
11, United States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (11);
            (2) by striking the period at the end of paragraph (12) and 
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(13) for costs assessed under section 311(b) of the 
        Controlled Substances Act.''.

SEC. 1522. FORFEITURE EXPANSION.

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

SEC. 1523. REGULATIONS AND EFFECTIVE DATE.

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

                     Subtitle C--General Provisions

SEC. 1531. CLARIFICATION OF NARCOTIC OR OTHER DANGEROUS DRUGS UNDER 
              RICO.

    Section 1961(1) of title 18, United States Code, is amended by 
striking ``narcotic or other dangerous drugs'' each place it appears 
and inserting ``a controlled substance or listed chemical, as defined 
in section 102 of the Controlled Substances Act''.

SEC. 1532. CONFORMING AMENDMENTS TO RECIDIVIST PENALTY PROVISIONS OF 
              THE CONTROLLED SUBSTANCES ACT AND THE CONTROLLED 
              SUBSTANCES IMPORT AND EXPORT ACT.

    (a) Sections 401(b)(1) (B), (C), and (D) of the Controlled 
Substances Act (21 U.S.C. 841(b)(1) (B), (C), and (D)) and sections 
1010(b) (1), (2), and (3) of the Controlled Substances Import and 
Export Act (21 U.S.C. 960(b) (1), (2), and (3)) are each amended in the 
sentence or sentences beginning ``If any person commits'' by striking 
``one or more prior convictions'' through ``have become final'' and 
inserting ``a prior conviction for a felony drug offense has become 
final''.
    (b) Section 1012(b) of the Controlled Substances Import and Export 
Act (21 U.S.C. 962(b)) is amended by striking ``one or more prior 
convictions of him for a felony under any provision of this title or 
title II or other law of a State, the United States, or a foreign 
country relating to narcotic drugs, marihuana, or depressant or 
stimulant drugs, have become final'' and inserting ``one or more prior 
convictions of such person for a felony for a felony drug offense have 
become final''.
    (c) Section 401(b)(1)(A) of the Controlled Substances Act (21 
U.S.C. 841(b)(1)(A)) is amended by striking the sentence beginning 
``For purposes of this subparagraph, the term `felony drug offense' 
means''.
    (d) Section 102 of the Controlled Substances Act (21 U.S.C. 802) is 
amended by adding at the end the following new paragraph:
    ``(43) The term `felony drug offense' means an offense that is 
punishable by imprisonment for more than one year under any law of the 
United States or of a State or foreign country that prohibits or 
restricts conduct relating to narcotic drugs, marihuana, or depressant 
or stimulant substances.''.

SEC. 1533. PROGRAM TO PROVIDE PUBLIC AWARENESS OF THE PROVISION OF 
              PUBLIC LAW 101-516 THAT CONDITIONS PORTIONS OF A STATE'S 
              FEDERAL HIGHWAY FUNDING ON THE STATE'S ENACTMENT OF 
              LEGISLATION REQUIRING THE REVOCATION OF THE DRIVER'S 
              LICENSES OF CONVICTED DRUG ABUSERS.

    The Attorney General, in consultation with the Secretary of 
Transportation, shall implement a program of national awareness of 
section 333 of Public Law 101-516. The program shall notify the 
Governors and State Representatives of the requirements of that 
section.

SEC. 1534. ADVERTISING.

    Section 403 of the Controlled Substances Act (21 U.S.C. 843) is 
amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) It shall be unlawful for any person to print, publish, place, 
or otherwise cause to appear in any newspaper, magazine, handbill, or 
other publications, any written advertisement knowing that it has the 
purpose of seeking or offering illegally to receive, buy, or distribute 
a Schedule I controlled substance. As used in this section the term 
`advertisement' includes, in addition to its ordinary meaning, such 
advertisements as those for a catalog of Schedule I controlled 
substances and any similar written advertisement that has the purpose 
of seeking or offering illegally to receive, buy, or distribute a 
Schedule I controlled substance. The term `advertisement' does not 
include material which merely advocates the use of a similar material, 
which advocates a position or practice, and does not attempt to propose 
or facilitate an actual transaction in a Schedule I controlled 
substance.''.

SEC. 1535. NATIONAL DRUG CONTROL STRATEGY.

    (a) In General.--Section 1005(a) of the National Narcotics 
Leadership Act of 1988 (21 U.S.C. 1504(a)) is amended by adding at the 
end the following new paragraph:
    ``(5) Beginning with the first submission of a National Drug 
Control Strategy to Congress after the date of the enactment of the 
Violent Crime Control and Law Enforcement Act of 1993, the goals, 
objectives, and priorities of such Strategy shall include a goal for 
expanding the availability of treatment for drug addiction.''.
    (b) Sense of Congress.--It is the sense of Congress that among the 
long-term goals of the National Drug Control Strategy should be the 
availability of drug treatment to all who are in need of such 
treatment.

SEC. 1536. NOTIFICATION OF LAW ENFORCEMENT OFFICERS OF DISCOVERIES OF 
              CONTROLLED SUBSTANCES OR LARGE SUMS OF CASH IN EXCESS OF 
              $10,000 IN WEAPON SCREENING.

    Section 315 of the Federal Aviation Act of 1958 (49 U.S.C. App. 
1356) is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Discoveries of Controlled Substances or Cash in Excess of 
$10,000.--Not later than 90 days after the date of the enactment of 
this section, the Administrator shall issue regulations requiring 
employees and agents referred to in subsection (a) to report to 
appropriate Federal and State law enforcement officers any incident in 
which the employee or agent, in the course of conducting screening 
procedures pursuant to subsection (a), discovers a controlled substance 
the possession of which may be a violation of Federal or State law, or 
any sizable sums of cash in excess of $10,000 the possession of which 
may be a violation of Federal or State law.''.

                  TITLE XVI--DRUNK DRIVING PROVISIONS

SEC. 1601. SHORT TITLE.

    This title may be cited as the ``Drunk Driving Child Protection Act 
of 1993''.

SEC. 1602. STATE LAWS APPLIED IN AREAS OF FEDERAL JURISDICTION.

    Section 13(b) of title 18, United States Code, is amended--
            (1) by striking ``For purposes'' and inserting ``(1) 
        Subject to paragraph (2) and for purposes''; and
            (2) by adding at the end the following new paragraph:
    ``(2)(A) In addition to any term of imprisonment provided for 
operating a motor vehicle under the influence of a drug or alcohol 
imposed under the law of a State, territory, possession, or district, 
the punishment for such an offense under this section shall include an 
additional term of imprisonment of not more than 1 year, or if serious 
bodily injury of a minor is caused, 5 years, or if death of a minor is 
caused, 10 years, and an additional fine of not more than $1,000, or 
both, if--
            ``(i) a minor (other than the offender) was present in the 
        motor vehicle when the offense was committed; and
            ``(ii) the law of the State, territory, possession, or 
        district in which the offense occurred does not provide an 
        additional term of imprisonment under the circumstances 
        described in clause (i).
    ``(B) For the purposes of subparagraph (A), the term `minor' means 
a person less than 18 years of age.''.

SEC. 1603. SENSE OF CONGRESS CONCERNING CHILD CUSTODY AND VISITATION 
              RIGHTS.

    It is the sense of the Congress that in determining child custody 
and visitation rights, the courts should take into consideration the 
history of drunk driving that any person involved in the determination 
may have.

                        TITLE XVII--COMMISSIONS

              Subtitle A--Commission on Crime and Violence

SEC. 1701. ESTABLISHMENT OF COMMISSION ON CRIME AND VIOLENCE.

    There is established a commission to be known as the ``National 
Commission on Crime and Violence in America''. The Commission shall be 
composed of 22 members, appointed as follows:
            (1) 6 persons by the President;
            (2) 8 persons by the Speaker of the House of 
        Representatives, two of whom shall be appointed on the 
        recommendation of the minority leader; and
            (3) 8 persons by the President pro tempore of the Senate, 
        six of whom shall be appointed on the recommendation of the 
        majority leader of the Senate and two of whom shall be 
        appointed on the recommendation of the minority leader of the 
        Senate.

SEC. 1702. PURPOSE.

    The purposes of the Commission are as follows:
            (1) To develop a comprehensive and effective crime control 
        plan which will serve as a ``blueprint'' for action in the 
        1990's. The report shall include an estimated cost for 
        implementing any recommendations made by the Commission.
            (2) To bring attention to successful models and programs in 
        crime prevention and crime control.
            (3) To reach out beyond the traditional criminal justice 
        community for ideas when developing the comprehensive crime 
        control plan.
            (4) To recommend improvements in the coordination of local, 
        State, Federal, and international border crime control efforts.
            (5) To make a comprehensive study of the economic and 
        social factors leading to or contributing to crime and specific 
        proposals for legislative and administrative actions to reduce 
        crime and the elements that contribute to it.
            (6) To recommend means of targeting finite correctional 
        facility space and resources to the most serious and violent 
        offenders, with the goal of achieving the most cost-effective 
        possible crime control and protection of the community and 
        public safety, with particular emphasis on examining the issue 
        of possible disproportionate incarceration rates among black 
        males and any other minority group disproportionately 
        represented in State and Federal correctional populations, and 
        to consider increased use of alternatives to incarceration 
        which offer a reasonable prospect of equal or better crime 
        control at equal or less cost.

SEC. 1703. RESPONSIBILITIES OF THE COMMISSION.

    The commission shall be responsible for the following:
            (1) Reviewing the effectiveness of traditional criminal 
        justice approaches in preventing and controlling crime and 
        violence.
            (2) Examining the impact that changes to state and Federal 
        law have had in controlling crime and violence.
            (3) Examining the impact of changes in Federal immigration 
        laws and policies and increased development and growth along 
        United States international borders on crime and violence in 
        the United States, particularly among our Nation's youth.
            (4) Examining the problem of youth gangs and provide 
        recommendations as to how to reduce youth involvement in 
        violent crime.
            (5) Examining the extent to which assault weapons and high 
        power firearms have contributed to violence and murder in 
        America.
            (6) Convening field hearings in various regions of the 
        country to receive testimony from a cross section of criminal 
        justice professionals, business leaders, elected officials, 
        medical doctors, and other citizens that wish to participate.
            (7) Reviewing all segments of our criminal justice system, 
        including the law enforcement, prosecution, defense, judicial, 
        corrections components in developing the crime control plan.

 Subtitle B--National Commission to Study the Causes of the Demand for 
                       Drugs in the United States

SEC. 1711. SHORT TITLE.

    This subtitle may be cited as the ``National Commission to Study 
the Causes of the Demand for Drugs in the United States''.

SEC. 1712. ESTABLISHMENT.

    There is established a National Commission to Study the Causes of 
the Demand for Drugs in the United States (referred to in this subtitle 
as the ``Commission'').

SEC. 1713. DUTIES.

    (a) In General.--The Commission shall--
            (1) examine the root causes of illicit drug use and abuse 
        in the United States, including by compiling existing research 
        regarding those root causes;
            (2) evaluate the efforts being made to prevent drug abuse;
            (3) identify the existing gaps in drug abuse policy that 
        result from the lack of attention to the root causes of drug 
        abuse;
            (4) assess the needs of Government at all levels for 
        resources and policies for reducing the overall desire of 
        individuals to experiment with and abuse illicit drugs; and
            (5) make recommendations regarding necessary improvements 
        in policies for reducing the use of illicit drugs in the United 
        States.
    (b) Examination.--Matters examined by the Commission under this 
section shall include the following:
            (1) Characteristics.--The characteristics of potential 
        illicit drug users and abusers or drug traffickers, including 
        age and social, economic, and educational backgrounds.
            (2) Environment.--Environmental factors that contribute to 
        illicit drug use and abuse, including the correlation between 
        unemployment, poverty, and homelessness on drug experimentation 
        and abuse.
            (3) Associations and social relationships.--The effects of 
        substance use and abuse by a relative or friend in contributing 
        to the likelihood and desire of an individual to experiment 
        with illicit drugs.
            (4) Culture.--Aspects of, and changes in, philosophical or 
        religious beliefs, cultural values, attitudes toward authority, 
        status of basic social units (such as families), and traditions 
        that contribute to illicit drug use and abuse.
            (5) Physiological and psychological factors.--The 
        physiological and psychological factors that contribute to the 
        desire for illicit drugs.
            (6) Efforts of governments.--The current status of Federal, 
        State, and local efforts regarding the causes of illicit drug 
        use and abuse, including a review of drug strategies being 
        promoted by Federal, State, and local authorities to address 
        the causes of illicit drug use and abuse.

SEC. 1714. MEMBERSHIP.

    (a) Number and Appointment.--
            (1) In general.--The Commission shall consist of 13 
        members, as follows:
                    (A) President.--Three individuals appointed by the 
                President.
                    (B) Senate.--Five individuals appointed jointly by 
                the majority and minority leaders of the Senate. Not 
                more than 3 members appointed under this paragraph may 
                be of the same political party. At least 1 member 
                appointed under this paragraph shall be a recovering 
                drug user.
                    (C) House of representatives.--Five individuals 
                appointed jointly by the Speaker, majority leader, and 
                minority leader of the House of Representatives. Not 
                more than 3 members appointed under this paragraph may 
                be of the same political party. At least 1 member 
                appointed under this paragraph shall be a recovering 
                drug abuser.
            (2) Goals in making appointments.--In appointing 
        individuals as members of the Commission, the President and the 
        majority and minority leaders of the House of Representatives 
        and the Senate shall seek to ensure that--
                    (A) the membership of the Commission reflects the 
                racial, ethnic, and gender diversity of the United 
                States; and
                    (B) members are specially qualified to serve on the 
                Commission by reason of their education, training, 
                expertise, or experience in--
                            (i) sociology;
                            (ii) psychology;
                            (iii) law;
                            (iv) bio-medicine;
                            (v) addiction; and
                            (vi) ethnography and urban poverty, 
                        including health care, housing, education, and 
                        employment.
    (b) Prohibition Against Officer or Employee.--Each individual 
appointed under subsection (a) shall not be an officer or employee of 
any government and shall be qualified to serve the Commission by virtue 
of education, training, or experience.
    (c) Deadline for Appointment.--Members of the Commission shall be 
appointed within 60 days after the date of the enactment of this Act 
for the life of the Commission.
    (d) Meetings.--The Commission shall have its headquarters in the 
District of Columbia, and shall meet at least once each month for a 
business session that shall be conducted by the Chairperson.
    (e) Quorum.--Seven members of the Commission shall constitute a 
quorum, but a lesser number may hold hearings.
    (f) Chairperson and Vice Chairperson.--No later than 15 days after 
the members of the Commission are appointed, such members shall 
designate a Chairperson and Vice Chairperson of the Commission.
    (g) Continuation of Membership.--If a member of the Commission 
later becomes an officer or employee of any government, the individual 
may continue as a member until a successor is appointed.
    (h) Vacancies.--A vacancy in the Commission shall be filled not 
later than 30 days after the Commission is informed of the vacancy in 
the manner in which the original appointment was made.
    (i) Compensation.--
            (1) No pay, allowance, or benefit.--Members of the 
        Commission shall receive no additional pay, allowances, or 
        benefits by reason of their service on the Commission.
            (2) Travel expenses.--Each member of the Commission shall 
        receive travel expenses, including per diem in lieu of 
        subsistence, in accordance with sections 5702 and 5703 of title 
        5, United States Code.

SEC. 1715. STAFF AND SUPPORT SERVICES.

    (a) Director.--The Chairperson shall appoint a director after 
consultation with the members of the Commission, who shall be paid the 
rate of basic pay for level V of the Executive Schedule.
    (b) Staff.--With the approval of the Commission, the director may 
appoint personnel as the director considers appropriate.
    (c) Applicability of Civil Service Laws.--The staff of the 
Commission shall be appointed without regard to the provisions of title 
5, United States Code, governing appointments in the competitive 
service, and shall be paid without regard to the provisions of chapter 
51 and subchapter III of chapter 53 of that title relating to 
classification and General Schedule pay rates.
    (d) Experts and Consultants.--With the approval of the Commission, 
the director may procure temporary and intermittent services under 
section 3109(b) of title 5, United States Code.
    (e) Staff of Federal Agencies.--Upon the request of the Commission, 
the head of any Federal agency may detail, on a reimbursable basis, any 
of the personnel of that agency to the Commission to assist in carrying 
out its duties under this Act.
    (f) Other Resources.--The Commission shall have reasonable access 
to materials, resources, statistical data, and other information from 
the Library of Congress, as well as agencies and elected 
representatives of the executive and legislative branches of 
government. The Chairperson of the Commission shall make requests in 
writing where necessary.
    (g) Physical Facilities.--The General Services Administration shall 
find suitable office space for the operation of the Commission. The 
facilities shall serve as the headquarters of the Commission and shall 
include all necessary equipment and incidentals required for proper 
functioning.

SEC. 1716. POWERS OF COMMISSION.

    (a) Hearings.--The Commission may conduct public hearings or forums 
at its discretion, at any time and place it is able to secure 
facilities and witnesses, for the purpose of carrying out its duties.
    (b) Delegation of Authority.--Any member or agent of the Commission 
may, if authorized by the Commission, take any action the Commission is 
authorized to take by this section.
    (c) Information.--The Commission may secure directly from any 
Federal agency information necessary to enable it to carry out this 
Act. Upon request of the Chairperson or Vice Chairperson of the 
Commission, the head of a Federal agency shall furnish the information 
to the Commission to the extent permitted by law.
    (d) Gifts, Bequests, and Devises.--The Commission may accept, use, 
and dispose of gifts, bequests, or devices of services or property, 
both real and personal, for the purpose of aiding or facilitating the 
work of the Commission. Gifts, bequests, or devises of money and 
proceeds from sales of other property received as gifts, bequests, or 
devices shall be deposited in the Treasury and shall be available for 
disbursement upon order of the Commission.
    (e) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other Federal agencies.

SEC. 1717. REPORTS.

    (a) Monthly Reports.--The Commission shall submit monthly activity 
reports to the President and the Congress.
    (b) Reports.--
            (1) Interim report.--The Commission shall submit an interim 
        report to the President and the Congress not later than 1 year 
        before the termination of the Commission. The interim report 
        shall contain a detailed statement of the findings and 
        conclusions of the Commission, together with its 
        recommendations for legislative and administrative action based 
        on the Commission's activities to date. A strategy for 
        disseminating the report to Federal, State, and local 
        authorities shall be formulated and submitted with the formal 
        presentation of the report to the President and the Congress.
            (2) Final report.--Not later than the date of the 
        termination of the Commission, the Commission shall submit to 
        the Congress and the President a final report with a detailed 
        statement of final findings, conclusions, and recommendations, 
        including an assessment of the extent to which recommendations 
        of the Commission included in the interim report under 
        paragraph (1) have been implemented.
    (c) Printing and Public Distribution.--Upon receipt of each report 
of the Commission under this section, the President shall--
            (1) order the report to be printed; and
            (2) make the report available to the public upon request.

SEC. 1718. TERMINATION.

    The Commission shall terminate on the date which is 2 years after 
the Members of the Commission have met and designated a Chairperson and 
Vice Chairperson.

       Subtitle C--National Commission to Support Law Enforcement

SEC. 1721. SHORT TITLE.

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

SEC. 1722. CONGRESSIONAL FINDINGS.

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

SEC. 1723. ESTABLISHMENT.

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

SEC. 1724. DUTIES.

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

SEC. 1725. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 25 
members as follows:
            (1) Seven individuals from national law enforcement 
        organizations representing law enforcement officers, of whom--
                    (A) Two shall be appointed by the Speaker of the 
                House of Representatives;
                    (B) Two shall be appointed by the majority leader 
                of the Senate;
                    (C) One shall be appointed by the minority leader 
                of the House of Representatives;
                    (D) One shall be appointed by the minority leader 
                of the Senate; and
                    (E) One shall be appointed by the President.
            (2) Seven individuals from national law enforcement 
        organizations representing law enforcement management, of 
        whom--
                    (A) Two shall be appointed by the Speaker of the 
                House of Representatives;
                    (B) Two shall be appointed by the majority leader 
                of the Senate;
                    (C) One shall be appointed by the minority leader 
                of the House of Representatives;
                    (D) One shall be appointed by the minority leader 
                of the Senate; and
                    (E) One shall be appointed by the President.
            (3) Two individuals with academic expertise regarding law 
        enforcement issues, of whom--
                    (A) One shall be appointed by the Speaker of the 
                House of Representatives and the majority leader of the 
                Senate.
                    (B) One shall be appointed by the minority leader 
                of the Senate and the minority leader of the House of 
                Representatives.
            (4) Two Members of the House of Representatives, appointed 
        by the Speaker and the minority leader of the House of 
        Representatives.
            (5) Two Members of the Senate, appointed by the majority 
        leader and the minority leader of the Senate.
            (6) One individual involved in Federal law enforcement from 
        the Department of the Treasury, appointed by the President.
            (7) One individual from the Department of Justice, 
        appointed by the President.
            (8) One individual representing a State or local 
        governmental entity, such as a Governor, mayor, or State 
        Attorney General, to be appointed by the Majority Leader of the 
        Senate.
            (9) One individual representing a State or local 
        governmental entity, such as a Governor, mayor, or State 
        Attorney General, to be appointed by the Speaker of the House 
        of Representatives.
            (10) One individual representing a State or local 
        governmental entity, such as a governor, mayor, or State 
        attorney general, to be appointed by the President.
    (b) Comptroller General.--The Comptroller General shall serve in an 
advisory capacity and shall oversee the methodology and approach of the 
Commission's study.
    (c) Chairperson.--Upon their appointment the members of the 
Commission shall select one of their number to act as chairperson.
    (d) Compensation.--
            (1) In general.--Members of the Commission shall receive no 
        additional pay, allowance, or benefit by reason of service on 
        the Commission.
            (2) Travel expenses.--Each member of the Commission shall 
        receive travel expenses, including per diem in lieu of 
        subsistence, in accordance with sections 5702 and 5703 of title 
        5, United States Code.
    (e) Appointment Dates.--Members of the Commission shall be 
appointed no later than 90 days after the enactment of this Act.

SEC. 1726. EXPERTS AND CONSULTANTS.

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

SEC. 1727. POWERS OF COMMISSION.

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

SEC. 1728. REPORT.

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

SEC. 1729. TERMINATION.

    The Commission shall cease to exist upon the expiration of the 60-
day period beginning on the date on which the Commission submits its 
report under section 1738.

SEC. 1730. REPEALS.

    Title XXXIV of the Crime Control Act of 1990 (Public Law 101-647; 
104 Stat. 4918) and title II, section 211B of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1991 (Public Law 101-515; 104 Stat. 2122) are 
repealed.

                  TITLE XVIII--BAIL POSTING REPORTING

SEC. 1801. SHORT TITLE.

    This title may be cited as the ``Illegal Drug Profits Act of 
1993''.

SEC. 1802. REQUIRED REPORTING BY CRIMINAL COURT CLERKS.

    (a) In General.--Each clerk of a Federal or State criminal court 
shall report to the Internal Revenue Service, in a form and manner as 
prescribed by the Secretary of the Treasury, the name and taxpayer 
identification number of--
            (1) any individual charged with any criminal offense who 
        posts cash bail, or on whose behalf cash bail is posted, in an 
        amount exceeding $10,000; and
            (2) any individual or entity (other than a licensed bail 
        bonding individual or entity) posting such cash bail for or on 
        behalf of such individual.
    (b) Criminal Offenses.--For purposes of subsection (a), the term 
``criminal offense'' means--
            (1) any Federal criminal offense involving a controlled 
        substance;
            (2) racketeering (as defined in section 1951, 1952, or 1955 
        of title 18, United States Code);
            (3) money laundering (as defined in section 1956 or 1957 of 
        title 18, United States Code); and
            (4) any violation of State criminal law involving an 
        offense substantially similar to an offense described in 
        paragraph (1), (2), or (3).
    (c) Copy to Prosecutors.--Each clerk shall submit a copy of each 
report of cash bail described in subsection (a) to--
            (1) the office of the United States Attorney; and
            (2) the office of the local prosecuting attorney, for the 
        jurisdiction in which the defendant resides (and the 
        jurisdiction in which the criminal offense occurred, if 
        different).
    (d) Regulations.--The Secretary of the Treasury shall promulgate 
such regulations as are necessary within 90 days of the date of 
enactment of this Act.
    (e) Effective Date.--This section shall become effective 60 days on 
the date of the promulgation of regulations under subsection (d).

               TITLE XIX--MOTOR VEHICLE THEFT PREVENTION

SEC. 1901. SHORT TITLE.

    This title may be cited as the ``Motor Vehicle Theft Prevention 
Act''.

SEC. 1902. MOTOR VEHICLE THEFT PREVENTION PROGRAM.

    (a) In General.--Not later than 180 days after the date of 
enactment of this section, the Attorney General shall develop, in 
cooperation with the States, a national voluntary motor vehicle theft 
prevention program (in this section referred to as the ``program'') 
under which--
            (1) the owner of a motor vehicle may voluntarily sign a 
        consent form with a participating State or locality in which 
        the motor vehicle owner--
                    (A) states that the vehicle is not normally 
                operated under certain specified conditions; and
                    (B) agrees to--
                            (i) display program decals or devices on 
                        the owner's vehicle; and
                            (ii) permit law enforcement officials in 
                        any State to stop the motor vehicle and take 
                        reasonable steps to determine whether the 
                        vehicle is being operated by or with the 
                        permission of the owner, if the vehicle is 
                        being operated under the specified conditions; 
                        and
            (2) participating States and localities authorize law 
        enforcement officials in the State or locality to stop motor 
        vehicles displaying program decals or devices under specified 
        conditions and take reasonable steps to determine whether the 
        vehicle is being operated by or with the permission of the 
        owner.
    (b) Uniform Decal or Device Designs.--
            (1) In general.--The motor vehicle theft prevention program 
        developed pursuant to this section shall include a uniform 
        design or designs for decals or other devices to be displayed 
        by motor vehicles participating in the program.
            (2) Type of design.--The uniform design shall--
                    (A) be highly visible; and
                    (B) explicitly state that the motor vehicle to 
                which it is affixed may be stopped under the specified 
                conditions without additional grounds for establishing 
                a reasonable suspicion that the vehicle is being 
                operated unlawfully.
    (c) Voluntary Consent Form.--The voluntary consent form used to 
enroll in the program shall--
            (1) clearly state that participation in the program is 
        voluntary;
            (2) clearly explain that participation in the program means 
        that, if the participating vehicle is being operated under the 
        specified conditions, law enforcement officials may stop the 
        vehicle and take reasonable steps to determine whether it is 
        being operated by or with the consent of the owner, even if the 
        law enforcement officials have no other basis for believing 
        that the vehicle is being operated unlawfully;
            (3) include an express statement that the vehicle is not 
        normally operated under the specified conditions and that the 
        operation of the vehicle under those conditions would provide 
        sufficient grounds for a prudent law enforcement officer to 
        reasonably believe that the vehicle was not being operated by 
        or with the consent of the owner; and
            (4) include any additional information that the Attorney 
        General may reasonably require.
    (d) Specified Conditions Under Which Stops May Be Authorized.--
            (1) In general.--The Attorney General shall promulgate 
        rules establishing the conditions under which participating 
        motor vehicles may be authorized to be stopped under this 
        section. These conditions may not be based on race, creed, 
        color, national origin, gender, or age. These conditions may 
        include--
                    (A) the operation of the vehicle during certain 
                hours of the day; or
                    (B) the operation of the vehicle under other 
                circumstances that would provide a sufficient basis for 
                establishing a reasonable suspicion that the vehicle 
                was not being operated by the owner, or with the 
                consent of the owner.
            (2) More than one set of conditions.--The Attorney General 
        may establish more than one set of conditions under which 
        participating motor vehicles may be stopped. If more than one 
        set of conditions is established, a separate consent form and a 
        separate design for program decals or devices shall be 
        established for each set of conditions. The Attorney General 
        may choose to satisfy the requirement of a separate design for 
        program decals or devices under this paragraph by the use of a 
        design color that is clearly distinguishable from other design 
        colors.
            (3) No new conditions without consent.--After the program 
        has begun, the conditions under which a vehicle may be stopped 
        if affixed with a certain decal or device design may not be 
        expanded without the consent of the owner.
            (4) Limited participation by states and localities.--A 
        State or locality need not authorize the stopping of motor 
        vehicles under all sets of conditions specified under the 
        program in order to participate in the program.
    (e) Motor Vehicles for Hire.--
            (1) Notification to lessees.--Any person who is in the 
        business of renting or leasing motor vehicles and who rents or 
        leases a motor vehicle on which a program decal or device is 
        affixed shall, prior to transferring possession of the vehicle, 
        notify the person to whom the motor vehicle is rented or leased 
        about the program.
            (2) Type of notice.--The notice required by this subsection 
        shall--
                    (A) be in writing;
                    (B) be in a prominent format to be determined by 
                the Attorney General; and
                    (C) explain the possibility that if the motor 
                vehicle is operated under the specified conditions, the 
                vehicle may be stopped by law enforcement officials 
                even if the officials have no other basis for believing 
                that the vehicle is being operated unlawfully.
            (3) Fine for failure to provide notice.--Failure to provide 
        proper notice under this subsection shall be punishable by a 
        fine not to exceed $5,000.
    (f) Notification of Police.--As a condition of participating in the 
program, a State or locality must agree to take reasonable steps to 
ensure that law enforcement officials throughout the State or locality 
are familiar with the program, and with the conditions under which 
motor vehicles may be stopped under the program.
    (g) Regulations.--The Attorney General shall promulgate regulations 
to implement this section.
    (h) Authorization of Appropriations.--There are authorized such 
sums as are necessary to carry out this section.

SEC. 1903. ALTERING OR REMOVING MOTOR VEHICLE IDENTIFICATION NUMBERS.

    (a) Basic Offense.--Subsection (a) of section 511 of title 18, 
United States Code, is amended to read as follows:
    ``(a) A person who--
            ``(1) knowingly removes, obliterates, tampers with, or 
        alters an identification number for a motor vehicle or motor 
        vehicle part; or
            ``(2) with intent to further the theft of a motor vehicle, 
        knowingly removes, obliterates, tampers with, or alters a decal 
        or device affixed to a motor vehicle pursuant to the Motor 
        Vehicle Theft Prevention Act,
shall be fined under this title, imprisoned not more than 5 years, or 
both.''.
    (b) Excepted Persons.--Paragraph (2) of section 511(b) of title 18, 
United States Code, is amended--
            (1) by striking ``and'' after the semicolon in subparagraph 
        (B);
            (2) by striking the period at the end of subparagraph (C) 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(D) a person who removes, obliterates, tampers 
                with, or alters a decal or device affixed to a motor 
                vehicle pursuant to the Motor Vehicle Theft Prevention 
                Act, if that person is the owner of the motor vehicle, 
                or is authorized to remove, obliterate, tamper with or 
                alter the decal or device by--
                            ``(i) the owner or his authorized agent;
                            ``(ii) applicable State or local law; or
                            ``(iii) regulations promulgated by the 
                        Attorney General to implement the Motor Vehicle 
                        Theft Prevention Act.''.
    (c) Definition.--Section 511 of title 18, United States Code, is 
amended by adding at the end thereof the following:
    ``(d) For purposes of subsection (a) of this section, the term 
`tampers with' includes covering a program decal or device affixed to a 
motor vehicle pursuant to the Motor Vehicle Theft Prevention Act for 
the purpose of obstructing its visibility.''.
    (d) Unauthorized Application of a Decal or Device.--
            (1) In general.--Chapter 25 of title 18, United States 
        Code, is amended by adding after section 511 the following new 
        section:
``Sec. 511A. Unauthorized application of theft prevention decal or 
              device
    ``(a) Whoever affixes to a motor vehicle a theft prevention decal 
or other device, or a replica thereof, unless authorized to do so 
pursuant to the Motor Vehicle Theft Prevention Act, shall be punished 
by a fine not to exceed $1,000.
    ``(b) For purposes of this section, the term `theft prevention 
decal or device' means a decal or other device designed in accordance 
with a uniform design for such devices developed pursuant to the Motor 
Vehicle Theft Prevention Act.''.
            (2) Technical amendment.--The chapter analysis for chapter 
        25 of title 18, United States Code, is amended by adding after 
        the item relating to section 511 the following new item:

``511A. Unauthorized application of theft prevention decal or 
                            device.''.

                 TITLE XX--PROTECTIONS FOR THE ELDERLY

SEC. 2001. MISSING ALZHEIMER'S DISEASE PATIENT ALERT PROGRAM.

    (a) Grant.--The Attorney General shall, subject to the availability 
of appropriations, award a grant to an eligible organization to assist 
the organization in paying for the costs of planning, designing, 
establishing, and operating a Missing Alzheimer's Disease Patient Alert 
Program, which shall be a locally based, proactive program to protect 
and locate missing patients with Alzheimer's disease and related 
dementias.
    (b) Application.--To be eligible to receive a grant under 
subsection (a), an organization shall submit an application to the 
Attorney General at such time, in such manner, and containing such 
information as the Attorney General may require, including, at a 
minimum, an assurance that the organization will obtain and use 
assistance from private nonprofit organizations to support the program.
    (c) Eligible Organization.--The Attorney General shall award the 
grant described in subsection (a) to a national voluntary organization 
that has a direct link to patients, and families of patients, with 
Alzheimer's disease and related dementias.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $1,000,000 for each of fiscal 
years 1995, 1996, and 1997.

SEC. 2002. CRIMES AGAINST THE ELDERLY.

    (a) In General.--Pursuant to its authority under the Sentencing 
Reform Act of 1984 and section 21 of the Sentencing Act of 1987 
(including its authority to amend the sentencing guidelines and policy 
statements) and its authority to make such amendments on an emergency 
basis, the United States Sentencing Commission shall ensure that the 
applicable guideline range for a defendant convicted of a crime of 
violence against an elderly victim is sufficiently stringent to deter 
such a crime, to protect the public from additional crimes of such a 
defendant, and to adequately reflect the heinous nature of such an 
offense.
    (b) Criteria.--In carrying out subsection (a), the United States 
Sentencing Commission shall ensure that--
            (1) the guidelines provide for increasingly severe 
        punishment for a defendant commensurate with the degree of 
        physical harm caused to the elderly victim;
            (2) the guidelines take appropriate account of the 
        vulnerability of the victim; and
            (3) the guidelines provide enhanced punishment for a 
        defendant convicted of a crime of violence against an elderly 
        victim who has previously been convicted of a crime of violence 
        against an elderly victim, regardless of whether the conviction 
        occurred in Federal or State court.
    (c) Definitions.--In this section--
            ``crime of violence'' means an offense under section 113, 
        114, 1111, 1112, 1113, 1117, 2241, 2242, or 2244 of title 18, 
        United States Code.
            ``elderly victim'' means a victim who is 65 years of age or 
        older at the time of an offense.

                     TITLE XXI--CONSUMER PROTECTION

SEC. 2101. CRIMES BY OR AFFECTING PERSONS ENGAGED IN THE BUSINESS OF 
              INSURANCE WHOSE ACTIVITIES AFFECT INTERSTATE COMMERCE.

    (a) In General.--Chapter 47 of title 18, United States Code, is 
amended by adding at the end the following new sections:
``Sec. 1033. Crimes by or affecting persons engaged in the business of 
              insurance whose activities affect interstate commerce
    ``(a)(1) Whoever is engaged in the business of insurance whose 
activities affect interstate commerce and, with the intent to deceive, 
knowingly makes any false material statement or report or willfully and 
materially overvalues any land, property or security--
            ``(A) in connection with any financial reports or documents 
        presented to any insurance regulatory official or agency or an 
        agent or examiner appointed by such official or agency to 
        examine the affairs of such person, and
            ``(B) for the purpose of influencing the actions of such 
        official or agency or such an appointed agent or examiner,
shall be punished as provided in paragraph (2).
    ``(2) The punishment for an offense under paragraph (1) is a fine 
as established under this title or imprisonment for not more than 10 
years, or both, except that the term of imprisonment shall be not more 
than 15 years if the statement or report or overvaluing of land, 
property, or security jeopardizes the safety and soundness of an 
insurer.
    ``(b)(1) Whoever--
            ``(A) acting as, or being an officer, director, agent, or 
        employee of, any person engaged in the business of insurance 
        whose activities affect interstate commerce, or
            ``(B) is engaged in the business of insurance whose 
        activities affect interstate commerce or is involved (other 
        than as an insured or beneficiary under a policy of insurance) 
        in a transaction relating to the conduct of affairs of such a 
        business,
willfully embezzles, abstracts, purloins, or misappropriates any of the 
moneys, funds, premiums, credits, or other property of such person so 
engaged shall be punished as provided in paragraph (2).
    ``(2) The punishment for an offense under paragraph (1) is a fine 
as provided under this title or imprisonment for not more than 10 
years, or both, except that if such embezzlement, abstraction, 
purloining, or misappropriation described in paragraph (1) jeopardizes 
the safety and soundness of an insurer, such imprisonment shall be not 
more than 15 years. If the amount or value so embezzled, abstracted, 
purloined, or misappropriated does not exceed $5,000, whoever violates 
paragraph (1) shall be fined as provided in this title or imprisoned 
not more than one year, or both.
    ``(c)(1) Whoever is engaged in the business of insurance and whose 
activities affect interstate commerce or is involved (other than as an 
insured or beneficiary under a policy of insurance) in a transaction 
relating to the conduct of affairs of such a business, knowingly makes 
any false entry of material fact in any book, report, or statement of 
such person engaged in the business of insurance with intent to--
            ``(A) deceive any person about the financial condition or 
        solvency of such business, or
            ``(B) deceive any officer, employee, or agent of such 
        person engaged in the business of insurance, any insurance 
        regulatory official or agency, or any agent or examiner 
        appointed by such official or agency to examine the affairs of 
        such person about the financial condition or solvency of such 
        business,
shall be punished as provided in paragraph (2).
    ``(2) The punishment for an offense under paragraph (1) is a fine 
as provided under this title or imprisonment for not more than 10 
years, or both, except that if the false entry in any book, report, or 
statement of such person jeopardizes the safety and soundness of an 
insurer, such imprisonment shall be not more than 15 years.
    ``(d) Whoever, by threats or force or by any threatening letter or 
communication, corruptly influences, obstructs, or impedes or endeavors 
corruptly to influence, obstruct, or impede the due and proper 
administration of the law under which any proceeding involving the 
business of insurance whose activities affect interstate commerce is 
pending before any insurance regulatory official or agency or any agent 
or examiner appointed by such official or agency to examine the affairs 
of a person engaged in the business of insurance whose activities 
affect interstate commerce, shall be fined as provided in this title or 
imprisoned not more than 10 years, or both.
    ``(e)(1)(A) Any individual who has been convicted of any criminal 
felony involving dishonesty or a breach of trust, or who has been 
convicted of an offense under this section, and who willfully engages 
in the business of insurance whose activities affect interstate 
commerce or participates in such business, shall be fined as provided 
in this title or imprisoned not more than 5 years, or both.
    ``(B) Any individual who is engaged in the business of insurance 
whose activities affect interstate commerce and who willfully permits 
the participation described in subparagraph (A) shall be fined as 
provided in this title or imprisoned not more than 5 years, or both.
    ``(2) A person described in paragraph (1)(A) may engage in the 
business of insurance or participate in such business if such person 
has the written consent of any insurance regulatory official authorized 
to regulate the insurer, which consent specifically refers to this 
subsection.
    ``(f) As used in this section--
            ``(1) the term `business of insurance' means--
                    ``(A) the writing of insurance, or
                    ``(B) the reinsuring of risks,
        by an insurer, including all acts necessary or incidental to 
        such writing or reinsuring and the activities of persons who 
        act as, or are, officers, directors, agents, or employees of 
        insurers or who are other persons authorized to act on behalf 
        of such persons;
            ``(2) the term `insurer' means any entity the business 
        activity of which is the writing of insurance or the reinsuring 
        of risks or any receiver or similar official or any liquidating 
        agent for such an entity, in his or her capacity as such, and 
        includes any person who acts as, or is, an officer, director, 
        agent, or employee of that business;
            ``(3) the term `interstate commerce' means--
                    ``(A) commerce within the District of Columbia, or 
                any territory or possession of the United States;
                    ``(B) all commerce between any point in the State, 
                territory, possession, or the District of Columbia and 
                any point outside thereof;
                    ``(C) all commerce between points within the same 
                State through any place outside such State; or
                    ``(D) all other commerce over which the United 
                States has jurisdiction; and
            ``(4) the term `State' includes any State, the District of 
        Columbia, the Commonwealth of Puerto Rico, the Northern Mariana 
        Islands, the Virgin Islands, American Samoa, and the Trust 
        Territory of the Pacific Islands.
``Sec. 1034. Civil penalties and injunctions for violations of section 
              1033
    ``(a) The Attorney General may bring a civil action in the 
appropriate United States district court against any person who engages 
in conduct constituting an offense under section 1033 and, upon proof 
of such conduct by a preponderance of the evidence, such person shall 
be subject to a civil penalty of not more than $50,000 for each 
violation or the amount of compensation which the person received or 
offered for the prohibited conduct, whichever amount is greater. If the 
offense has contributed to the decision of a court of appropriate 
jurisdiction to issue an order directing the conservation, 
rehabilitation, or liquidation of an insurer, such penalty shall be 
remitted to the regulatory official for the benefit of the 
policyholders, claimants, and creditors of such insurer. The imposition 
of a civil penalty under this subsection does not preclude any other 
criminal or civil statutory, common law, or administrative remedy, 
which is available by law to the United States or any other person.
    ``(b) If the Attorney General has reason to believe that a person 
is engaged in conduct constituting an offense under section 1033, the 
Attorney General may petition an appropriate United States district 
court for an order prohibiting that person from engaging in such 
conduct. The court may issue an order prohibiting that person from 
engaging in such conduct if the court finds that the conduct 
constitutes such an offense. The filing of a petition under this 
section does not preclude any other remedy which is available by law to 
the United States or any other person.''.
    (b) Technical Amendment.--The chapter analysis for chapter 47 of 
title 18, United States Code, is amended by adding at the end the 
following new items:

``1033. Crimes by or affecting persons engaged in the business of 
                            insurance whose activities affect 
                            interstate commerce.
``1034. Civil penalties and injunctions for violations of section 
                            1033.''.
    (c) Miscellaneous Amendments to Title 18, United States Code.--
            (1) Tampering with insurance regulatory proceedings.--
        Section 1515(a)(1) of title 18, United States Code, is 
        amended--
                    (A) by striking ``or'' at the end of subparagraph 
                (B);
                    (B) by inserting ``or'' at the end of subparagraph 
                (C); and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(D) a proceeding involving the business of 
                insurance whose activities affect interstate commerce 
                before any insurance regulatory official or agency or 
                any agent or examiner appointed by such official or 
                agency to examine the affairs of any person engaged in 
                the business of insurance whose activities affect 
                interstate commerce;''.
            (2) Limitations.--Section 3293 of title 18, United States 
        Code, is amended by inserting ``1033,'' after ``1014,''.
            (3) Obstruction of criminal investigations.--Section 1510 
        of title 18, United States Code, is amended by adding at the 
        end the following new subsection:
    ``(d)(1) Whoever--
            ``(A) acting as, or being, an officer, director, agent or 
        employee of a person engaged in the business of insurance whose 
        activities affect interstate commerce, or
            ``(B) is engaged in the business of insurance whose 
        activities affect interstate commerce or is involved (other 
        than as an insured or beneficiary under a policy of insurance) 
        in a transaction relating to the conduct of affairs of such a 
        business,
with intent to obstruct a judicial proceeding, directly or indirectly 
notifies any other person about the existence or contents of a subpoena 
for records of that person engaged in such business or information that 
has been furnished to a Federal grand jury in response to that 
subpoena, shall be fined as provided by this title or imprisoned not 
more than 5 years, or both.
    ``(2) As used in paragraph (1), the term `subpoena for records' 
means a Federal grand jury subpoena for records that has been served 
relating to a violation of, or a conspiracy to violate, section 1033 of 
this title.''.

SEC. 2102. CONSUMER PROTECTION AGAINST CREDIT CARD FRAUD ACT OF 1993.

    (a) Short Title.--This section may be cited as the ``Consumer 
Protection Against Credit Card Fraud Act of 1993''.
    (b) Fraud and Related Activity in Connection With Access Devices.--
Section 1029 of title 18, United States Code, is amended in subsection 
(a) by inserting after paragraph (4) the following new paragraphs:
            ``(5) knowingly and with intent to defraud effects 
        transactions, with one or more access devices issued to another 
        person or persons, to receive payment or any other thing of 
        value during any one-year period the aggregate value of which 
        is equal to or greater than $1,000;
            ``(6) without the authorization of the issuer of the access 
        device, knowingly and with intent to defraud solicits a person 
        for the purpose of--
                    ``(A) offering an access device; or
                    ``(B) selling information regarding or an 
                application to obtain an access device; or
            ``(7) without the authorization of the credit card system 
        member or its agent, knowingly and with intent to defraud 
        causes or arranges for another person to present to the member 
        or its agent, for payment, one or more evidences or records of 
        transactions made by an access device;''.
    (c) Technical Amendments.--Section 1029 of title 18, United States 
Code, as amended by subsection (b), is amended--
            (1) in subsection (a) by striking ``or'' at the end of 
        paragraph (3);
            (2) in subsection (c)(1) by striking ``(a)(2) or (a)(3)'' 
        and inserting ``(a) (2), (3), (5), (6), or (7)''; and
            (3) in subsection (e) by--
                    (A) striking ``and'' at the end of paragraph (5);
                    (B) adding ``and'' at the end of paragraph (6); and
                    (C) adding at the end thereof the following new 
                paragraph:
            ``(7) the term `credit card system member' means a 
        financial institution or other entity that is a member of a 
        credit card system, including an entity, whether it is 
        affiliated with or identical to the credit card issuer, that is 
        the sole member of a credit card system.''.

SEC. 2103. MAIL FRAUD.

    Section 1341 of title 18, United States Code, is amended--
            (1) by inserting ``or deposits or causes to be deposited 
        any matter or thing whatever to be sent or delivered by any 
        private or commercial interstate carrier,'' after ``Postal 
        Service,''; and
            (2) by inserting ``or such carrier'' after ``causes to be 
        delivered by mail''.

          TITLE XXII--FINANCIAL INSTITUTION FRAUD PROSECUTIONS

SEC. 2201. SHORT TITLE.

    This title may be cited as the ``Financial Institutions Fraud 
Prosecution Act of 1991''.

SEC. 2202. FEDERAL DEPOSIT INSURANCE ACT AMENDMENT.

    Section 19(a) of the Federal Deposit Insurance Act (12 U.S.C. 
1829(a)) is amended in paragraph (2)(A)(i)(I)--
            (1) by striking ``or 1956''; and
            (2) by inserting ``1517, 1956, or 1957''.

SEC. 2203. FEDERAL CREDIT UNION ACT AMENDMENTS.

    Section 205(d) of the Federal Credit Union Act (12 U.S.C. 1785(d)) 
is amended to read as follows:
    ``(d) Prohibition.--
            ``(1) In general.--Except with prior written consent of the 
        Board--
                    ``(A) any person who has been convicted of any 
                criminal offense involving dishonesty or a breach of 
                trust, or has agreed to enter into a pretrial diversion 
                or similar program in connection with a prosecution for 
                such offense, may not--
                            ``(i) become, or continue as, an 
                        institution-affiliated party with respect to 
                        any insured credit union; or
                            ``(ii) otherwise participate, directly or 
                        indirectly, in the conduct of the affairs of 
                        any insured credit union; and
                    ``(B) any insured credit union may not permit any 
                person referred to in subparagraph (A) to engage in any 
                conduct or continue any relationship prohibited under 
                such subparagraph.
            ``(2) Minimum 10-year prohibition period for certain 
        offenses.--
                    ``(A) In general.--If the offense referred to in 
                paragraph (1)(A) in connection with any person referred 
                to in such paragraph is--
                            ``(i) an offense under--
                                    ``(I) section 215, 656, 657, 1005, 
                                1006, 1007, 1008, 1014, 1032, 1344, 
                                1517, 1956, or 1957 of title 18, United 
                                States Code; or
                                    ``(II) section 1341 or 1343 of such 
                                title which affects any financial 
                                institution (as defined in section 20 
                                of such title); or
                            ``(ii) the offense of conspiring to commit 
                        any such offense,
                the Board may not consent to any exception to the 
                application of paragraph (1) to such person during the 
                10-year period beginning on the date the conviction or 
                the agreement of the person becomes final.
                    ``(B) Exception by order of sentencing court.--
                            ``(i) In general.--On motion of the Board, 
                        the court in which the conviction or the 
                        agreement of a person referred to in 
                        subparagraph (A) has been entered may grant an 
                        exception to the application of paragraph (1) 
                        to such person if granting the exception is in 
                        the interest of justice.
                            ``(ii) Period for filing.--A motion may be 
                        filed under clause (i) at any time during the 
                        10-year period described in subparagraph (A) 
                        with regard to the person on whose behalf such 
                        motion is made.
            ``(3) Penalty.--Whoever knowingly violates paragraph (1) or 
        (2) shall be fined not more than $1,000,000 for each day such 
        prohibition is violated or imprisoned for not more than 5 
        years, or both.''.

SEC. 2204. CRIME CONTROL ACT AMENDMENT.

    Section 2546 of the Crime Control Act of 1990 (Public Law 101-647, 
104 Stat. 4885) is amended by adding at the end the following new 
subsection:
    ``(c) Fraud Task Forces Report.--In addition to the reports 
required under subsection (a), the Attorney General is encouraged to 
submit a report to the Congress containing the findings of the 
financial institutions fraud task forces established under section 2539 
as they relate to the collapse of private deposit insurance 
corporations, together with recommendations for any regulatory or 
legislative changes necessary to prevent such collapses in the 
future.''.

          TITLE XXIII--SAVINGS AND LOAN PROSECUTION TASK FORCE

SEC. 2301. SAVINGS AND LOAN PROSECUTION TASK FORCE.

    The Attorney General shall establish within the Justice Department 
a savings and loan criminal fraud task force to prosecute in an 
aggressive manner those criminal cases involving savings and loan 
institutions.

                   TITLE XXIV--SENTENCING PROVISIONS

SEC. 2401. IMPOSITION OF SENTENCE.

    Section 3553(a)(4) of title 18, United States Code, is amended to 
read as follows:
            ``(4) the kinds of sentence and the sentencing range 
        established for--
                    ``(A) the applicable category of offense committed 
                by the applicable category of defendant as set forth in 
                the guidelines issued by the Sentencing Commission 
                pursuant to section 994(a)(1) of title 28, United 
                States Code, and that are in effect on the date the 
                defendant is sentenced; or
                    ``(B) in the case of a violation of probation or 
                supervised release, the applicable guidelines or policy 
                statements issued by the Sentencing Commission pursuant 
                to section 994(a)(3) of title 28, United States 
                Code;''.

SEC. 2402. TECHNICAL AMENDMENT TO MANDATORY CONDITIONS OF PROBATION.

    Section 3563(a)(3) of title 18, United States Code, is amended by 
striking ``possess illegal controlled substances'' and inserting 
``unlawfully possess a controlled substance''.

SEC. 2403. SUPERVISED RELEASE AFTER IMPRISONMENT.

    Section 3583 of title 18, United States Code, is amended--
            (1) in subsection (d), by striking ``possess illegal 
        controlled substances'' and inserting ``unlawfully possess a 
        controlled substance'';
            (2) in subsection (e)--
                    (A) by striking ``person'' each place such term 
                appears in such subsection and inserting ``defendant''; 
                and
                    (B) by amending paragraph (3) to read as follows:
            ``(3) revoke a term of supervised release, and require the 
        defendant to serve in prison all or part of the term of 
        supervised release authorized by statute for the offense that 
        resulted in such term of supervised release without credit for 
        time previously served on postrelease supervision, if the 
        court, pursuant to the Federal Rules of Criminal Procedure 
        applicable to revocation of probation or supervised release, 
        finds by a preponderance of the evidence that the defendant 
        violated a condition of supervised release, except that a 
        defendant whose term is revoked under this paragraph may not be 
        required to serve more than 5 years in prison if the offense 
        that resulted in the term of supervised release is a class A 
        felony, more than 3 years in prison if such offense is a class 
        B felony, more than 2 years in prison if such offense is a 
        class C or D felony, or more than one year in any other case; 
        or''; and
            (3) by adding at the end the following new subsections:
    ``(h) Supervised Release Following Revocation.--When a term of 
supervised release is revoked and the defendant is required to serve a 
term of imprisonment that is less than the maximum term of imprisonment 
authorized under subsection (e)(3), the court may include a requirement 
that the defendant be placed on a term of supervised release after 
imprisonment. The length of such a term of supervised release shall not 
exceed the term of supervised release authorized by statute for the 
offense that resulted in the original term of supervised release, less 
any term of imprisonment that was imposed upon revocation of supervised 
release.
    ``(i) Delayed Revocation.--The power of the court to revoke a term 
of supervised release for violation of a condition of supervised 
release, and to order the defendant to serve a term of imprisonment 
and, subject to the limitations in subsection (h), a further term of 
supervised release, extends beyond the expiration of the term of 
supervised release for any period reasonably necessary for the 
adjudication of matters arising before its expiration if, before its 
expiration, a warrant or summons has been issued on the basis of an 
allegation of such a violation.''.

SEC. 2404. FLEXIBILITY IN APPLICATION OF MANDATORY MINIMUM SENTENCE 
              PROVISIONS IN CERTAIN CIRCUMSTANCES.

    (a) Amendment of Title 18, United States Code.--Section 3553 of 
title 18, United States Code, is amended by adding at the end the 
following new subsection:
    ``(f) Exception to Certain Statutory Minimum Sentencing 
Provisions.--
            ``(1) Sentencing under this section.--In the case of an 
        offense described in paragraph (2), the court shall, 
        notwithstanding the requirement of a mandatory minimum 
        sentence, impose a sentence in accordance with this section and 
        the sentencing guidelines and any pertinent policy statement 
        issued by the United States Sentencing Commission.
            ``(2) Offenses.--An offense is described in this paragraph 
        if--
                    ``(A) the defendant is subject to a mandatory 
                minimum term of imprisonment for violating, attempting 
                to violate, or conspiring to violate sections 401 or 
                404 of the Controlled Substances Act (21 U.S.C. 841 and 
                844) or section 1010 of the Controlled Substances 
                Import and Export Act (21 U.S.C. 960);
                    ``(B) the defendant does not have more than 1 
                criminal history point under the sentencing guidelines;
                    ``(C) the defendant did not cause, attempt to 
                cause, or credibly threaten to cause the death of, or 
                serious bodily injury to, any person during the course 
                of the offense;
                    ``(D) the defendant did not carry or otherwise 
                possess a firearm or explosive during the course of the 
                offense and did not direct another person to do so;
                    ``(E) the defendant was not an organizer, leader, 
                manager, or supervisor of others (as determined under 
                the sentencing guidelines) in the offense; and
                    ``(F) the offense did not result in death or 
                serious bodily injury as a result of--
                            ``(i) the use of the controlled substance; 
                        or
                            ``(ii) the act of any person which was 
                        reasonably foreseeable and for which the 
                        defendant is legally accountable.''.
    (b) Conforming Amendments.--(1) Section 401(b) of the Controlled 
Substances Act (21 U.S.C. 841(b)) is amended by inserting ``or section 
3553(f) of title 18, United States Code,'' after ``420 of this title'' 
the first time it appears.
    (2) Section 404(a) of the Controlled Substances Act (21 U.S.C. 
844(a)) is amended by striking the penultimate sentence and inserting 
the following: ``A mandatory minimum sentence required by this section 
shall not apply in the case of a person subject to section 3553(f) of 
title 18, United States Code.''.
    (3) Section 1010(a) of the Controlled Substances Import and Export 
Act (21 U.S.C. 960(a)) is amended by inserting ``, except as provided 
in section 3553(f) of title 18, United States Code'' before the period.
    (4) Section 411(a) of the Controlled Substances Act (21 U.S.C. 
851(a)) is amended by adding at the end thereof the following new 
paragraph:
    ``(3) This section shall not apply to any determination of a 
defendant's criminal history under the sentencing guidelines, including 
any determination of criminal history that, under section 3553(f) of 
title 18, United States Code, disqualifies the defendant from 
consideration for a sentence below an otherwise applicable mandatory 
minimum.''.
    (c) Harmonization.--The United States Sentencing Commission--
            (1) may make such amendments as it deems necessary and 
        appropriate to harmonize the sentencing guidelines and policy 
        statements with section 3553(f) of title 18, United States 
        Code, as added by subsection (a), and promulgate policy 
        statements to assist the courts in interpreting that provision;
            (2) shall review the consideration of defendants' criminal 
        histories under the guidelines and make such amendments to the 
        sentencing guidelines and policy statements as the Commission 
        determines necessary and appropriate to ensure that--
                    (A) defendants with significant criminal histories 
                resulting from foreign convictions are sentenced 
                commensurate with the seriousness of their prior 
                criminal records to the extent that consideration of 
                such foreign convictions is constitutional and 
                practical;
                    (B) defendants with juvenile adjudications 
                involving significant acts of misconduct are sentenced 
                commensurate with the seriousness of such misconduct to 
                the extent that consideration of such misconduct is 
                practical and relevant to the purposes of sentencing; 
                and
                    (C) the assignment to a defendant of a single 
                criminal history point adequately reflects the 
                seriousness of such a defendant's prior criminal 
                conduct; and
            (3) may promulgate any such amendments under the procedures 
        set forth in section 21(a) of the Sentencing Act of 1987 
        (Public Law 100-182; 101 Stat. 1271), as though the authority 
        under that section had not expired.
    (d) Sentencing Commission Study.--The United States Sentencing 
Commission shall monitor the operation of this Act and the amendments 
made by this Act and, not later than 18 months following the date of 
enactment of this Act, provide a report to Congress describing--
            (1) sentences imposed under the Act;
            (2) the findings pursuant to the review mandated by 
        subsection (c)(2); and
            (3) any recommendations for changes in the Act that the 
        Commission believes are warranted.
    (e) Effective Date.--The amendments made by subsections (a) and (b) 
and any amendments to the sentencing guidelines and policy statements 
made by the United States Sentencing Commission pursuant to subsection 
(c) shall apply with respect to sentences imposed for offenses 
committed on or after the date of enactment of this Act.

            TITLE XXV--SENTENCING AND MAGISTRATES AMENDMENTS

SEC. 2501. AUTHORIZATION OF PROBATION FOR PETTY OFFENSES IN CERTAIN 
              CASES.

    Section 3561(a)(3) of title 18, United States Code, is amended by 
adding at the end: ``However, this paragraph does not preclude the 
imposition of a sentence to a term of probation for a petty offense if 
the defendant has been sentenced to a term of imprisonment at the same 
time for another such offense.''.

SEC. 2502. TRIAL BY A MAGISTRATE IN PETTY OFFENSE CASES.

    Section 3401 of title 18, United States Code, is amended--
            (1) in subsection (b) by adding ``other than a petty 
        offense'' after ``misdemeanor''; and
            (2) in subsection (g) by amending the first sentence to 
        read as follows: ``The magistrate judge may, in a petty offense 
        case involving a juvenile, exercise all powers granted to the 
        district court under chapter 403 of this title.''.

                       TITLE XXVI--COMPUTER CRIME

SEC. 2601. COMPUTER ABUSE AMENDMENTS ACT OF 1993.

    (a) Short Title.--This title may be cited as the ``Computer Abuse 
Amendments Act of 1993''.
    (b) Prohibition.--Section 1030(a)(5) of title 18, United States 
Code, is amended to read as follows:
            ``(5)(A) through means of a computer used in interstate 
        commerce or communications, knowingly causes the transmission 
        of a program, information, code, or command to a computer or 
        computer system if--
                    ``(i) the person causing the transmission intends 
                that such transmission will--
                            ``(I) damage, or cause damage to, a 
                        computer, computer system, network, 
                        information, data, or program; or
                            ``(II) withhold or deny, or cause the 
                        withholding or denial, of the use of a 
                        computer, computer services, system or network, 
                        information, data or program; and
                    ``(ii) the transmission of the harmful component of 
                the program, information, code, or command--
                            ``(I) occurred without the knowledge and 
                        authorization of the persons or entities who 
                        own or are responsible for the computer system 
                        receiving the program, information, code, or 
                        command; and
                            ``(II)(aa) causes loss or damage to one or 
                        more other persons of value aggregating $1,000 
                        or more during any 1-year period; or
                            ``(bb) modifies or impairs, or potentially 
                        modifies or impairs, the medical examination, 
                        medical diagnosis, medical treatment, or 
                        medical care of one or more individuals; or
            ``(B) through means of a computer used in interstate 
        commerce or communication, knowingly causes the transmission of 
        a program, information, code, or command to a computer or 
        computer system--
                    ``(i) with reckless disregard of a substantial and 
                unjustifiable risk that the transmission will--
                            ``(I) damage, or cause damage to, a 
                        computer, computer system, network, 
                        information, data or program; or
                            ``(II) withhold or deny or cause the 
                        withholding or denial of the use of a computer, 
                        computer services, system, network, 
                        information, data or program; and
                    ``(ii) if the transmission of the harmful component 
                of the program, information, code, or command--
                            ``(I) occurred without the knowledge and 
                        authorization of the persons or entities who 
                        own or are responsible for the computer system 
                        receiving the program, information, code, or 
                        command; and
                            ``(II)(aa) causes loss or damage to one or 
                        more other persons of a value aggregating 
                        $1,000 or more during any 1-year period; or
                            ``(bb) modifies or impairs, or potentially 
                        modifies or impairs, the medical examination, 
                        medical diagnosis, medical treatment, or 
                        medical care of one or more individuals;''.
    (c) Penalty.--Section 1030(c) of title 18, United States Code is 
amended--
            (1) in paragraph (2)(B) by striking ``and'' after the 
        semicolon;
            (2) in paragraph (3)(A) by inserting ``(A)'' after 
        ``(a)(5)''; and
            (3) in paragraph (3)(B) by striking the period at the end 
        thereof and inserting ``; and''; and
            (4) by adding at the end thereof the following:
            ``(4) a fine under this title or imprisonment for not more 
        than 1 year, or both, in the case of an offense under 
        subsection (a)(5)(B).''.
    (d) Civil Action.--Section 1030 of title 18, United States Code, is 
amended by adding at the end thereof the following new subsection:
    ``(g) Any person who suffers damage or loss by reason of a 
violation of the section, other than a violation of subsection 
(a)(5)(B), may maintain a civil action against the violator to obtain 
compensatory damages and injunctive relief or other equitable relief. 
Damages for violations of any subsection other than subsection 
(a)(5)(A)(ii)(II)(bb) or (a)(5)(B)(ii)(II)(bb) are limited to economic 
damages. No action may be brought under this subsection unless such 
action is begun within 2 years of the date of the act complained of or 
the date of the discovery of the damage.''.
    (e) Reporting Requirements.--Section 1030 of title 18 United States 
Code, is amended by adding at the end thereof the following new 
subsection:
    ``(h) The Attorney General and the Secretary of the Treasury shall 
report to the Congress annually, during the first 3 years following the 
date of the enactment of this subsection, concerning investigations and 
prosecutions under section 1030(a)(5) of title 18, United States 
Code.''.
    (f) Prohibition.--Section 1030(a)(3) of title 18 United States 
Code, is amended by inserting ``adversely'' before ``affects the use of 
the Government's operation of such computer''.

             TITLE XXVII--INTERNATIONAL PARENTAL KIDNAPPING

SEC. 2701. SHORT TITLE.

    This subtitle may be cited as the ``International Parental 
Kidnapping Crime Act of 1993''.

SEC. 2702. TITLE 18 AMENDMENT.

    (a) In General.--Chapter 55 (relating to kidnapping) of title 18, 
United States Code, is amended by adding at the end the following new 
section:
``Sec. 1204. International parental kidnapping
    ``(a) Definitions.--In this section--
            ```child' means a person who has not attained the age of 16 
        years.
            ```parental rights', with respect to a child, means the 
        right to physical custody of the child--
                    ``(A) whether joint or sole (and includes visiting 
                rights); and
                    ``(B) whether arising by operation of law, court 
                order, or legally binding agreement of the parties.
    ``(b) Offense.--A person who removes a child from the United States 
or retains a child (who has been in the United States) outside the 
United States with intent to obstruct the lawful exercise of parental 
rights shall be fined under this title, imprisoned not more than 3 
years, or both.
    ``(c) Affirmative Defenses.--It shall be an affirmative defense 
under this section that--
            ``(1) the defendant acted within the provisions of a valid 
        court order granting the defendant legal custody or visitation 
        rights, and that order was obtained pursuant to the Uniform 
        Child Custody Jurisdiction Act and was in effect at the time of 
        the offense;
            ``(2) the defendant was fleeing an incidence or pattern of 
        domestic violence; or
            ``(3) the defendant had physical custody of the child 
        pursuant to a court order granting legal custody or visitation 
        rights and failed to return the child as a result of 
        circumstances beyond the defendant's control, and the defendant 
        notified or made reasonable attempts to notify the other parent 
        or lawful custodian of the child of such circumstances within 
        24 hours after the visitation period had expired and returned 
        the child as soon as possible.
    ``(d) Rule of Construction.--This section does not detract from The 
Hague Convention on the Civil Aspects of International Parental Child 
Abduction, done at The Hague on October 25, 1980.''.
    (b) Sense of the Congress.--It is the sense of the Congress that, 
inasmuch as use of the procedures under The Hague Convention on the 
Civil Aspects of International Parental Child Abduction has resulted in 
the return of many children, those procedures, in circumstances in 
which they are applicable, should be the option of first choice for a 
parent who seeks the return of a child who has been removed from the 
parent.
    (c) Technical Amendment.--The chapter analysis for chapter 55 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

``1204. International parental kidnapping.''.

SEC. 2703. STATE COURT PROGRAMS REGARDING INTERSTATE AND INTERNATIONAL 
              PARENTAL CHILD ABDUCTION.

    There is authorized to be appropriated $250,000 to carry out under 
the State Justice Institute Act of 1984 (42 U.S.C. 10701 et seq.) 
national, regional, and in-State training and educational programs 
dealing with criminal and civil aspects of interstate and international 
parental child abduction.

                       TITLE XXVIII--SAFE SCHOOLS

SEC. 2801. SHORT TITLE.

    This title may be cited as the ``Safe Schools Act of 1993''.

SEC. 2802. SAFE SCHOOLS.

    (a) In General.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 
1204(a), is amended--
            (1) by redesignating part W as part X;
            (2) by redesignating section 2301 as section 2401; and
            (3) by inserting after part V the following new part:

                   ``PART W--SAFE SCHOOLS ASSISTANCE

``SEC. 2301. GRANT AUTHORIZATION.

    ``(a) In General.--The Director of the Bureau of Justice 
Assistance, in consultation with the Secretary of Education, may make 
grants to local educational agencies for the purpose of providing 
assistance to such agencies most directly affected by crime and 
violence.
    ``(b) Model Project.--The Director, in consultation with the 
Secretary of Education, shall develop a written safe schools model in 
English and in other appropriate languages in a timely fashion and make 
such model available to any local educational agency that requests such 
information.

``SEC. 2302. USE OF FUNDS.

    ``Grants made by the Director under this part shall be used--
            ``(1) to fund anticrime and safety measures and to develop 
        education and training programs for the prevention of crime, 
        violence, and illegal drugs and alcohol;
            ``(2) for counseling programs for victims of crime within 
        schools;
            ``(3) for crime prevention equipment, including metal 
        detectors and video-surveillance devices; and
            ``(4) for the prevention and reduction of the participation 
        of young individuals in organized crime and drug and gang-
        related activities in schools.

``SEC. 2303. APPLICATIONS.

    ``(a) In General.--In order to be eligible to receive a grant under 
this part for any fiscal year, a local educational agency shall submit 
an application to the Director in such form and containing such 
information as the Director may reasonably require.
    ``(b) Requirements.--Each application under subsection (a) shall 
include--
            ``(1) a request for funds for the purposes described in 
        section 2302;
            ``(2) a description of the schools and communities to be 
        served by the grant, including the nature of the crime and 
        violence problems within such schools;
            ``(3) assurances that Federal funds received under this 
        part shall be used to supplement, not supplant, non-Federal 
        funds that would otherwise be available for activities funded 
        under this part; and
            ``(4) statistical information in such form and containing 
        such information that the Director may require regarding crime 
        within schools served by such local educational agency.
    ``(c) Comprehensive Plan.--Each application shall include a 
comprehensive plan that shall contain--
            ``(1) a description of the crime problems within the 
        schools targeted for assistance;
            ``(2) a description of the projects to be developed;
            ``(3) a description of the resources available in the 
        community to implement the plan together with a description of 
        the gaps in the plan that cannot be filed with existing 
        resources;
            ``(4) an explanation of how the requested grant will be 
        used to fill gaps;
            ``(5) a description of the system the applicant will 
        establish to prevent and reduce crime problems; and
            ``(6) a description of educational materials to be 
        developed in Spanish.

``SEC. 2304. ALLOCATION OF FUNDS; LIMITATIONS ON GRANTS.

    ``(a) Administrative Cost Limitation.--The Director shall use not 
more than 5 percent of the funds available under this part for the 
purposes of administration and technical assistance.
    ``(b) Renewal of Grants.--A grant under this part may be renewed 
for up to 2 additional years after the first fiscal year during which 
the recipient receives its initial grant under this part, subject to 
the availability of funds, if--
            ``(1) the Director determines that the funds made available 
        to the recipient during the previous year were used in a manner 
        required under the approved application; and
            ``(2) the Director determines that an additional grant is 
        necessary to implement the crime prevention program described 
        in the comprehensive plan as required by section 2303(c).

``SEC. 2305. AWARD OF GRANTS.

    ``(a) Selection of Recipients.--The Director, in consultation with 
the Secretary of Education, shall consider the following factors in 
awarding grants to local educational agencies:
            ``(1) Crime problem.--The nature and scope of the crime 
        problem in the targeted schools.
            ``(2) Need and ability.--Demonstrated need and evidence of 
        the ability to provide the services described in the plan 
        required under section 2303(c).
            ``(3) Population.--The number of students to be served by 
        the plan required under section 2303(c).
    ``(b) Geographic Distribution.--The Director shall attempt, to the 
extent practicable, to achieve an equitable geographic distribution of 
grant awards.

``SEC. 2306. REPORTS.

    ``(a) Report to Director.--Local educational agencies that receive 
funds under this part shall submit to the Director a report not later 
than March 1 of each year that describes progress achieved in carrying 
out the plan required under section 2303(c).
    ``(b) Report to Congress.--The Director shall submit to the 
Committee on Education and Labor and the Committee on the Judiciary a 
report by October 1 of each year in which grants are made available 
under this part which shall contain a detailed statement regarding 
grant awards, activities of grant recipients, a compilation of 
statistical information submitted by applicants under 2303(b)(4), and 
an evaluation of programs established under this part.

``SEC. 2307. DEFINITIONS.

    ``For the purposes of this part:
            ``(1) The term `Director' means the Director of the Bureau 
        of Justice Assistance.
            ``(2) The term `local educational agency' means a public 
        board of education or other public authority legally 
        constituted within a State for either administrative control or 
        direction of, or to perform a service function for, public 
        elementary and secondary schools in a city, county, township, 
        school district, or other political subdivision of a State, or 
        such combination of school districts of counties as are 
        recognized in a State as an administrative agency for its 
        public elementary and secondary schools. Such term includes any 
        other public institution or agency having administrative 
        control and direction of a public elementary or secondary 
        school.''.
    (b) Technical Amendment.--The table of contents of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et 
seq.), as amended by section 1204(b), is amended by striking the matter 
relating to part W and inserting the following:

                   ``Part W--Safe Schools Assistance

``Sec. 2301. Grant authorization.
``Sec. 2302. Use of funds.
``Sec. 2303. Applications.
``Sec. 2304. Allocation of funds; limitations on grants.
``Sec. 2305. Award of grants.
``Sec. 2306. Reports.
``Sec. 2307. Definitions.
             ``Part X--Transition; Effective Date; Repealer

``Sec. 2401. Continuation of rules, authorities, and proceedings.''.
    (c) Authorization of Appropriations.--Section 1001(a) of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), as 
amended by section 1204(d), is amended--
            (1) in paragraph (3) by striking ``and V'' and inserting 
        ``V, and W''; and
            (2) by adding at the end the following new paragraph:
    ``(17) There are authorized to be appropriated to carry out 
projects under part U $100,000,000 for each of fiscal years 1994, 1995, 
and 1996.''.

                       TITLE XXIX--MISCELLANEOUS

                   Subtitle A--Increases in Penalties

SEC. 2901. INCREASED PENALTIES FOR ASSAULT.

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

SEC. 2902. INCREASED PENALTIES FOR MANSLAUGHTER.

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

SEC. 2903. INCREASED PENALTIES FOR CIVIL RIGHTS VIOLATIONS.

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

SEC. 2904. INCREASED PENALTIES FOR TRAFFICKING IN COUNTERFEIT GOODS AND 
              SERVICES.

    (a) In General.--Section 2320(a) of title 18, United States Code, 
is amended--
            (1) in the first sentence by striking ``imprisoned not more 
        than five years'' and inserting ``imprisoned not more than 10 
        years''; and
            (2) in the second sentence by striking ``imprisoned not 
        more than fifteen years'' and inserting ``imprisoned not more 
        than 20 years''.
    (b) Laundering Monetary Instruments.--Section 1956(c)(7)(D) of 
title 18, United States Code, is amended by striking ``or section 2319 
(relating to copyright infringement),'' and inserting ``section 2319 
(relating to copyright infringement), or section 2320 (relating to 
trafficking in counterfeit goods and services),''.

SEC. 2905. INCREASED PENALTY FOR CONSPIRACY TO COMMIT MURDER FOR HIRE.

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

SEC. 2906. INCREASED PENALTIES FOR TRAVEL ACT VIOLATIONS.

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

      Subtitle B--Extension of Protection of Civil Rights Statutes

SEC. 2911. EXTENSION OF PROTECTION OF CIVIL RIGHTS STATUTES.

    (a) Conspiracy Against Rights.--Section 241 of title 18, United 
States Code, is amended by striking ``inhabitant of'' and inserting 
``person in''.
    (b) Deprivation of Rights Under Color of Law.--Section 242 of title 
18, United States Code, is amended--
            (1) by striking ``inhabitant of'' and inserting ``person 
        in''; and
            (2) by striking ``such inhabitant'' and inserting ``such 
        person''.

                      Subtitle C--Audit and Report

SEC. 2921. AUDIT REQUIREMENT FOR STATE AND LOCAL LAW ENFORCEMENT 
              AGENCIES RECEIVING FEDERAL ASSET FORFEITURE FUNDS.

    (a) State Requirement.--Section 524(c)(7) of title 28, United 
States Code, is amended to read as follows:
            ``(7)(A) The Fund shall be subject to annual audit by the 
        Comptroller General.
            ``(B) The Attorney General shall require that any State or 
        local law enforcement agency receiving funds conduct an annual 
        audit detailing the uses and expenses to which the funds were 
        dedicated and the amount used for each use or expense and 
        report the results of the audit to the Attorney General.''.
    (b) Inclusion in Attorney General's Report.--Section 524(c)(6)(C) 
of title 28, United States Code, is amended by adding at the end the 
following flush sentence: ``The report should also contain all annual 
audit reports from State and local law enforcement agencies required to 
be reported to the Attorney General under subparagraph (B) of paragraph 
(7).''.

SEC. 2922. REPORT TO CONGRESS ON ADMINISTRATIVE AND CONTRACTING 
              EXPENSES.

    Section 524(c)(6) of title 28, United States Code, is amended--
            (1) by striking ``and'' at the end of subparagraph (B);
            (2) by striking the period at the end of subparagraph (C) 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
            ``(D) a report for such fiscal year containing a 
        description of the administrative and contracting expenses paid 
        from the Fund under paragraph (1)(A).''.

                          Subtitle D--Gambling

SEC. 2931. CRIMINAL HISTORY RECORD INFORMATION FOR THE ENFORCEMENT OF 
              LAWS RELATING TO GAMING.

    A State gaming enforcement office located within a State Attorney 
General's office may obtain from the Interstate Identification Index of 
the FBI criminal history record information for licensing purposes 
through an authorized criminal justice agency.

SEC. 2932. CLARIFYING AMENDMENT REGARDING SCOPE OF PROHIBITION AGAINST 
              GAMBLING ON SHIPS IN INTERNATIONAL WATERS.

    (a) The first paragraph of section 1081 of title 18, United States 
Code, is amended by adding at the end the following: ``Such term does 
not include a vessel with respect to gambling aboard such vessel beyond 
the territorial waters of the United States during a covered voyage (as 
defined in section 4472 of the Internal Revenue Code of 1986 in effect 
as of September 21, 1993).''.

               Subtitle E--White Collar Crime Amendments

SEC. 2941. RECEIVING THE PROCEEDS OF EXTORTION OR KIDNAPPING.

    (a) Proceeds of Extortion.--Chapter 41 of title 18, United States 
Code, is amended--
            (1) by adding at the end the following new section:
``Sec. 880. Receiving the proceeds of extortion
    ``A person who receives, possesses, conceals, or disposes of any 
money or other property which was obtained from the commission of any 
offense under this chapter that is punishable by imprisonment for more 
than 1 year, knowing the same to have been unlawfully obtained, shall 
be imprisoned not more than 3 years, fined under this title, or 
both.''; and
            (2) in the table of sections, by adding at the end the 
        following new item:

``880. Receiving the proceeds of extortion.''.
    (b) Ransom Money.--Section 1202 of title 18, United States Code, is 
amended--
            (1) by designating the existing matter as subsection 
        ``(a)''; and
            (2) by adding the following new subsections:
    ``(b) A person who transports, transmits, or transfers in 
interstate or foreign commerce any proceeds of a kidnapping punishable 
under State law by imprisonment for more than 1 year, or receives, 
possesses, conceals, or disposes of any such proceeds after they have 
crossed a State or United States boundary, knowing the proceeds to have 
been unlawfully obtained, shall be imprisoned not more than 10 years, 
fined under this title, or both.
    ``(c) For purposes of this section, the term `State' has the 
meaning set forth in section 245(d) of this title.''.

SEC. 2942. RECEIVING THE PROCEEDS OF A POSTAL ROBBERY.

    Section 2114 of title 18, United States Code, is amended--
            (1) by designating the existing matter as subsection (a); 
        and
            (2) by adding at the end the following new subsection:
    ``(b) A person who receives, possesses, conceals, or disposes of 
any money or other property which has been obtained in violation of 
this section, knowing the same to have been unlawfully obtained, shall 
be imprisoned not more than 10 years, fined under this title, or 
both.''.

SEC. 2943. CONFORMING ADDITION TO OBSTRUCTION OF CIVIL INVESTIGATIVE 
              DEMAND STATUTE.

    Section 1505 of title 18, United States Code, is amended by 
inserting ``section 1968 of this title, section 3733 of title 31, 
United States Code or'' before ``the Antitrust Civil Process Act''.

SEC. 2944. CONFORMING ADDITION OF PREDICATE OFFENSES TO FINANCIAL 
              INSTITUTIONS REWARDS STATUTE.

    Section 3059A of title 18, United States Code, is amended--
            (1) by inserting ``225,'' after ``215'';
            (2) by striking ``or'' before ``1344''; and
            (3) by inserting ``, or 1517'' after ``1344''.

SEC. 2945. DEFINITION OF SAVINGS AND LOAN ASSOCIATION IN BANK ROBBERY 
              STATUTE.

    Section 2113 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(h) As used in this section, the term `savings and loan 
association' means (1) any Federal savings association or State savings 
association (as defined in section 3(b) of the Federal Deposit 
Insurance Act, 12 U.S.C. 1813(b)) having accounts insured by the 
Federal Deposit Insurance Corporation, and (2) any corporation 
described in section 3(b)(1)(C) of the Federal Deposit Insurance Act 
(12 U.S.C. 1813(b)(1)(C)) which is operating under the laws of the 
United States.''.

SEC. 2946. CONFORMING DEFINITION OF ``1-YEAR PERIOD'' IN 18 U.S.C. 
              1516.

    Section 1516(b) of title 18, United States Code, is amended--
            (1) by inserting ``(i)'' before ``the term''; and
            (2) by inserting before the period the following: ``, and 
        (ii) the term `in any 1 year period' has the meaning given to 
        the term `in any 1-year period' in section 666 of this 
        title.''.

              Subtitle F--Safer Streets and Neighborhoods

SEC. 2951. SHORT TITLE.

    This subtitle may be cited as the ``Safer Streets and Neighborhoods 
Act of 1993''.

SEC. 2952. LIMITATION ON GRANT DISTRIBUTION.

    (a) Amendment.--Section 510(b) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3760(b)) is amended by 
inserting ``non-Federal'' after ``with''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on October 1, 1993.

                      Subtitle G--Other Provisions

SEC. 2961. OPTIONAL VENUE FOR ESPIONAGE AND RELATED OFFENSES.

    (a) In General.--Chapter 211 of title 18, United States Code, is 
amended by inserting after section 3238 the following new section:
``Sec. 3239. Optional venue for espionage and related offenses
    ``The trial for any offense involving a violation, begun or 
committed upon the high seas or elsewhere out of the jurisdiction of 
any particular State or district, of--
            ``(1) section 793, 794, 798, or section 1030(a)(1) of this 
        title;
            ``(2) section 601 of the National Security Act of 1947 (50 
        U.S.C. 421); or
            ``(3) section 4(b) or 4(c) of the Subversive Activities 
        Control Act of 1950 (50 U.S.C. 783 (b) or (c));
may be in the District of Columbia or in any other district authorized 
by law.''.
    (b) Technical Amendment.--The item relating to section 3239 in the 
table of sections of chapter 211 of title 18, United States Code, is 
amended to read as follows:

``3239. Optional venue for espionage and related offense.''.

SEC. 2962. UNDERCOVER OPERATIONS.

    (a) In General.--Chapter 1 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 21. Stolen or counterfeit nature of property for certain crimes 
              defined
    ``(a) Wherever in this title it is an element of an offense that--
            ``(1) any property was embezzled, robbed, stolen, 
        converted, taken, altered, counterfeited, falsely made, forged, 
        or obliterated; and
            ``(2) the defendant knew that the property was of such 
        character;
such element may be established by proof that the defendant, after or 
as a result of an official representation as to the nature of the 
property, believed the property to be embezzled, robbed, stolen, 
converted, taken, altered, counterfeited, falsely made, forged, or 
obliterated.
    ``(b) For purposes of this section, the term `official 
representation' means any representation made by a Federal law 
enforcement officer (as defined in section 115) or by another person at 
the direction or with the approval of such an officer.''.
    (b) Technical Amendment.--The table of sections of chapter 1 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

``21. Stolen or counterfeit nature of property for certain crimes 
                            defined.''.

SEC. 2963. UNDERCOVER OPERATIONS--CHURNING.

    Section 7601(c)(3) of the Anti-Drug Abuse Act of 1988 (relating to 
effective date) is amended to read as follows:
            ``(3) Effective date.--The amendments made by this 
        subsection shall take effect on the date of the enactment of 
        this Act and shall cease to apply after December 31, 1994.''.

SEC. 2964. REPORT ON BATTERED WOMEN'S SYNDROME.

    (a) Report.--Not less than 1 year after the date of enactment of 
this Act, the Attorney General and the Secretary of Health and Human 
Services shall transmit to the Congress a report on the medical and 
psychological basis of ``battered women's syndrome'' and on the extent 
to which evidence of the syndrome has been held to be admissible as 
evidence of guilt or as a defense in a criminal trial.
    (b) Components of the Report.--The report described in subsection 
(a) shall include--
            (1) medical and psychological testimony on the validity of 
        battered women's syndrome as a psychological condition;
            (2) a compilation of State and Federal court cases that 
        have admitted evidence of battered women's syndrome as evidence 
        of guilt as a defense in criminal trials; and
            (3) an assessment by State and Federal judges, prosecutors, 
        and defense attorneys on the effects that evidence of battered 
        women's syndrome may have in criminal trials.

SEC. 2965. WIRETAPS.

    Section 2511(1) of title 18, United States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (c);
            (2) by inserting ``or'' at the end of paragraph (d); and
            (3) by adding after paragraph (d) the following new 
        paragraph:
            ``(e)(i) intentionally discloses, or endeavors to disclose, 
        to any other person the contents of any wire, oral, or 
        electronic communication, intercepted by means authorized by 
        sections 2511(2)(A)(ii), 2511(b)-(c), 2511(e), 2516, and 2518 
        of this subchapter, (ii) knowing or having reason to know that 
        the information was obtained through the interception of such a 
        communication in connection with a criminal investigation, 
        (iii) having obtained or received the information in connection 
        with a criminal investigation, (iv) with intent to improperly 
        obstruct, impede, or interfere with a duly authorized criminal 
        investigation,''.    

SEC. 2966. THEFT OF MAJOR ARTWORK.

    (a) Offense.--Chapter 31 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 668. Theft of major artwork
    ``(a) Definitions.--In this section--
            ```museum' means an organized and permanent institution, 
        the activities of which affect interstate or foreign commerce, 
        that--
                    ``(A) is situated in the United States;
                    ``(B) is established for an essentially educational 
                or aesthetic purpose;
                    ``(C) has a professional staff; and
                    ``(D) owns, utilizes, and cares for tangible 
                objects that are exhibited to the public on a regular 
                schedule.
            ```object of cultural heritage' means an object of art or 
        cultural significance that is registered with the International 
        Foundation for Art Research or an equivalent registry.''.
    ``(b) Offenses.--A person who--
            ``(1) steals or obtains by fraud from the care, custody, or 
        control of a museum any object of cultural heritage; or
            ``(2) knowing that an object of cultural heritage has been 
        stolen or obtained by fraud, if in fact the object was stolen 
        or obtained from the care, custody, or control of a museum 
        (whether or not that fact is known to the person), receives, 
        conceals, exhibits, or disposes of the object,
shall be fined under this title, imprisoned not more than 10 years, or 
both.''.
    (b) Forfeiture.--
            (1) Civil.--Section 981(a)(1)(C) of title 18, United States 
        Code, is amended by inserting ``668,'' after ``657,''.
            (2) Criminal.--Section 982(a)(2) of title 18, United States 
        Code, is amended by inserting ``668,'' after ``545''.
    (c) Period of Limitation.--Chapter 213 of title 18, United States 
Code, is amended by adding at the end the following new section:
``Sec. 3294. Theft of major artwork
    ``No person shall be prosecuted, tried, or punished for a violation 
of or conspiracy to violate section 668 unless the indictment is 
returned or the information is filed within 20 years after the 
commission of the offense.''.
    (d) Technical Amendments.--
            (1) Chapter 31.--The chapter analysis for chapter 31 of 
        title 18, United States Code, is amended by adding at the end 
        the following new item:

``668. Theft of major artwork.''.
            (2) Chapter 213.--The chapter analysis for chapter 31 of 
        title 18, United States Code, is amended by adding at the end 
        the following new item:

``3294. Theft of major artwork.''.

SEC. 2967. BALANCE IN THE CRIMINAL JUSTICE SYSTEM.

    (a) Findings.--The Congress finds that--
            (1) an adequately supported Federal judiciary is essential 
        to the enforcement of law and order in the United States,
            (2) section 331 of title 28 provides in pertinent part that 
        the Chief Justice shall submit to Congress an annual report of 
        the proceedings of the Judicial Conference and its 
        recommendations for legislation,
            (3) in 1990, in response to the recommendations of the 
        Judicial Conference for additional judgeships, Congress enacted 
        legislation creating 85 additional judgeships with an effective 
        date of December 1, 1990,
            (4) during the previous administration, it took an average 
        of 502 days from the time a judgeship became vacant until such 
        vacancy was filled,
            (5) the enactment of legislation providing additional 
        funding for the investigation and prosecution facets of the 
        criminal justice system has a direct and positive impact on the 
        needs and workload of the Judiciary, which is already severely 
        overloaded with criminal cases,
            (6) recommendations by the Judicial Conference for the 
        filling of judicial vacancies are currently made on the basis 
        of historical data alone,
            (7) the General Accounting Office, pursuant to the 1988 
        Anti-Drug Abuse Act, has developed a computer model that 
        measures the potential effect of fiscal increases on one or 
        more parts of the criminal justice system on the Judiciary,
            (8) the General Accounting Office has established that an 
        increase in the resources allocated to the investigative and 
        prosecutorial parts of the criminal justice system, brings 
        about an increase in the number of criminal cases filed, which 
        in turn adds to the need for additional judgeships,
            (9) the allocation of resources to portions of the Federal 
        criminal justice system other than the Judiciary contributes to 
        the need for additional judgeships that cannot be anticipated 
        by the use of historical data alone, and
            (10) the use of historical data alone, because of its 
        inability to project the need for additional judgeships 
        attributable to the increase in criminal caseload adds to the 
        delay in meeting the needs of the Judiciary.
    (b) Sense of the Senate.--It is the sense of the Senate that the 
Judicial Conference should be encouraged to make its recommendations to 
Congress for additional judgeships utilizing historical data and a 
workload estimate model designed to anticipate an increase in criminal 
filings resulting from increased funding in one or more components of 
the Federal criminal justice system, and to take into account the time 
expended in the appointive and confirmation process.

SEC. 2968. MISUSE OF INITIALS ``DEA''.

    (a) Amendment.--Section 709 of title 18, United States Code, is 
amended--
            (1) in the thirteenth unnumbered paragraph by striking 
        ``words--'' and inserting ``words; or''; and
            (2) by inserting after the thirteenth unnumbered paragraph 
        the following new paragraph:
    ``A person who, except with the written permission of the 
Administrator of the Drug Enforcement Administration, knowingly uses 
the words `Drug Enforcement Administration' or the initials `DEA' or 
any colorable imitation of such words or initials, in connection with 
any advertisement, circular, book, pamphlet, software or other 
publication, play, motion picture, broadcast, telecast, or other 
production, in a manner reasonably calculated to convey the impression 
that such advertisement, circular, book, pamphlet, software or other 
publication, play, motion picture, broadcast, telecast, or other 
production is approved, endorsed, or authorized by the Drug Enforcement 
Administration;''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
become effective on the date that is 90 days after the date of 
enactment of this Act.

SEC. 2969. ADDITION OF ATTEMPTED ROBBERY, KIDNAPPING, SMUGGLING, AND 
              PROPERTY DAMAGE OFFENSES TO ELIMINATE INCONSISTENCIES AND 
              GAPS IN COVERAGE.

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

SEC. 2970. DEFINITION OF LIVESTOCK.

    Section 2311 of title 18, United States Code, is amended by 
inserting after the second paragraph relating to the definition of 
``cattle'' the following new paragraph:
    ```Livestock' means any domestic animals raised for home use, 
consumption, or profit, such as horses, pigs, goats, fowl, sheep, and 
cattle, or the carcasses thereof.''.

SEC. 2971. EXTENSION OF STATUTE OF LIMITATIONS FOR ARSON.

    Section 844(i) of title 18, United States Code, is amended by 
adding at the end the following: ``No person shall be prosecuted, 
tried, or punished for any noncapital offense under this subsection 
unless the indictment is found or the information is instituted within 
10 years after the date on which the offense was committed.''.

SEC. 2972. GUN-FREE SCHOOL ZONES.

    (a) Amendment of Title 18, United States Code.--Section 922(q) of 
title 18 , United States Code, is amended--
            (1) by redesignating paragraphs (1), (2), and (3) as 
        paragraphs (2), (3), and (4), respectively; and
            (2) by inserting after ``(q)'' the following new paragraph:
    ``(1) The Congress finds and declares that--
            ``(A) crime, particularly crime involving drugs and guns, 
        is a pervasive, nationwide problem;
            ``(B) crime at the local level is exacerbated by the 
        interstate movement of drugs, guns, and criminal gangs;
            ``(C) firearms and ammunition move easily in interstate 
        commerce and have been found in increasing numbers in and 
        around schools, as documented in numerous hearings in both the 
        Judiciary Committee of the House of Representatives and 
        Judiciary Committee of the Senate;
            ``(D) in fact, even before the sale of a firearm, the gun, 
        its component parts, ammunition, and the raw materials from 
        which they are made have considerably moved in interstate 
        commerce;
            ``(E) while criminals freely move from State to State, 
        ordinary citizens and foreign visitors may fear to travel to or 
        through certain parts of the country due to concern about 
        violent crime and gun violence, and parents may decline to send 
        their children to school for the same reason;
            ``(F) the occurrence of violent crime in school zones has 
        resulted in a decline in the quality of education in our 
        country;
            ``(G) this decline in the quality of education has an 
        adverse impact on interstate commerce and the foreign commerce 
        of the United States;
            ``(H) States, localities, and school systems find it almost 
        impossible to handle gun-related crime by themselves; even 
        States, localities, and school systems that have made strong 
        efforts to prevent, detect, and punish gun-related crime find 
        their efforts unavailing due in part to the failure or 
        inability of other States or localities to take strong 
        measures; and
            ``(I) Congress has power, under the interstate commerce 
        clause and other provisions of the Constitution, to enact 
        measures to ensure the integrity and safety of the Nation's 
        schools by enactment of this subsection.''.

                    TITLE XXX--TECHNICAL CORRECTIONS

SEC. 3001. AMENDMENTS RELATING TO FEDERAL FINANCIAL ASSISTANCE FOR LAW 
              ENFORCEMENT.

    (a) Cross Reference Corrections.--(1) Section 506 of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756) is 
amended--
            (1) in subsection (a) by striking ``Of'' and inserting 
        ``Subject to subsection (f), of'',
            (2) in subsection (c) by striking ``subsections (b) and 
        (c)'' and inserting ``subsection (b)'',
            (3) in subsection (e) by striking ``or (e)'' and inserting 
        ``or (f)'',
            (4) in subsection (f)(1)--
                    (A) in subparagraph (A)--
                            (i) by striking ``, taking into 
                        consideration subsection (e) but'', and
                            (ii) by striking ``this subsection,'' and 
                        inserting ``this subsection'', and
                    (B) in subparagraph (B) by striking ``amount'' and 
                inserting ``funds''.
    (b) Correctional Options Grants.--(1) Section 515(b) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 is amended--
            (A) by striking ``subsection (a)(1) and (2)'' and inserting 
        ``paragraphs (1) and (2) of subsection (a)'', and
            (B) in paragraph (2) by striking ``States'' and inserting 
        ``public agencies''.
    (2) Section 516 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 is amended--
            (A) in subsection (a) by striking ``for section'' each 
        place it appears and inserting ``shall be used to make grants 
        under section'', and
            (B) in subsection (b) by striking ``section 515(a)(1) or 
        (a)(3)'' and inserting ``paragraph (1) or (3) of section 
        515(a)''.
    (c) Denial or Termination of Grant.--Section 802(b) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3783(b)) is amended by striking ``M,,'' and inserting ``M,''.
    (d) Definitions.--Section 901(a)(21) of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791(21)) is 
amended by adding a semicolon at the end.
    (e) Public Safety Officers Disability Benefits.--Title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796) is 
amended--
            (1) in section 1201--
                    (A) in subsection (a) by striking ``subsection 
                (g)'' and inserting ``subsection (h),'', and
                    (B) in subsection (b)--
                            (i) by striking ``subsection (g)'' and 
                        inserting ``subsection (h)'',
                            (ii) by striking ``personal'', and
                            (iii) in the first proviso by striking 
                        ``section'' and inserting ``subsection'', and
            (2) in section 1204(3) by striking ``who was responding to 
        a fire, rescue or police emergency''.
    (f) Headings.--(1) The heading for part M of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797) is amended 
to read as follows:

           ``part m--regional information sharing systems''.

    (2) The heading for part O of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3797) is amended to read as 
follows:

                  ``part o--rural drug enforcement''.

    (g) Table of Contents.--The table of contents of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 is amended--
            (1) in the item relating to section 501 by striking ``Drug 
        Control and System Improvement Grant'' and inserting ``drug 
        control and system improvement grant'',
            (2) in the item relating to section 1403 by striking 
        ``Application'' and inserting ``Applications'', and
            (3) in the items relating to part O by redesignating 
        sections 1401 and 1402 as sections 1501 and 1502, respectively.
    (h) Other Technical Amendments.--Title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 is amended--
            (1) in section 202(c)(2)(E) by striking ``crime,,'' and 
        inserting ``crime,'',
            (2) in section 302(c)(19) by striking a period at the end 
        and inserting a semicolon,
            (3) in section 602(a)(1) by striking ``chapter 315'' and 
        inserting ``chapter 319'',
            (4) in section 603(a)(6) by striking ``605'' and inserting 
        ``606'',
            (5) in section 605 by striking ``this section'' and 
        inserting ``this part'',
            (6) in section 606(b) by striking ``and Statistics'' and 
        inserting ``Statistics'',
            (7) in section 801(b)--
                    (A) by striking ``parts D,'' and inserting 
                ``parts'',
                    (B) by striking ``part D'' each place it appears 
                and inserting ``subpart 1 of part E'',
                    (C) by striking ``403(a)'' and inserting ``501'', 
                and
                    (D) by striking ``403'' and inserting ``503'',
            (8) in the first sentence of section 802(b) by striking 
        ``part D,'' and inserting ``subpart 1 of part E or under 
        part'',
            (9) in the second sentence of section 804(b) by striking 
        ``Prevention or'' and inserting ``Prevention, or'',
            (10) in section 808 by striking ``408, 1308,'' and 
        inserting ``507'',
            (11) in section 809(c)(2)(H) by striking ``805'' and 
        inserting ``804'',
            (12) in section 811(e) by striking ``Law Enforcement 
        Assistance Administration'' and inserting ``Bureau of Justice 
        Assistance'',
            (13) in section 901(a)(3) by striking ``and,'' and 
        inserting ``, and'',
            (14) in section 1001(c) by striking ``parts'' and inserting 
        ``part''.
    (i) Conforming Amendment to Other Law.--Section 4351(b) of title 
18, United States Code, is amended by striking ``Administrator of the 
Law Enforcement Assistance Administration'' and inserting ``Director of 
the Bureau of Justice Assistance''.

SEC. 3002. GENERAL TITLE 18 CORRECTIONS.

    (a) Section 1031.--Section 1031(g)(2) of title 18, United States 
Code, is amended by striking ``a government'' and inserting ``a 
Government''.
    (b) Section 208.--Section 208(c)(1) of title 18, United States 
Code, is amended by striking ``Banks'' and inserting ``banks''.
    (c) Section 1007.--The heading for section 1007 of title 18, United 
States Code, is amended by striking ``Transactions'' and inserting 
``transactions'' in lieu thereof.
    (d) Section 1014.--Section 1014 of title 18, United States Code, is 
amended by striking the comma which follows a comma.
    (e) Elimination of Obsolete Cross Reference.--Section 3293 of title 
18, United States Code, is amended by striking ``1008,''.
    (f) Elimination of Duplicate Subsection Designation.--Section 1031 
of title 18, United States Code, is amended by redesignating the second 
subsection (g) as subsection (h).
    (g) Clerical Amendment to Part I Table of Chapters.--The item 
relating to chapter 33 in the table of chapters for part I of title 18, 
United States Code, is amended by striking ``701'' and inserting 
``700''.
    (h) Amendment to Section 924(a)(1)(b).--Section 924(a)(1)(B) of 
title 18, United States Code, is amended by striking ``(q)'' and 
inserting ``(r)''.
    (i) Amendment to Section 3143.--The last sentence of section 
3143(b) of title 18, United States Code, is amended by striking 
``(b)(2)(D)'' and inserting ``(1)(B)(iv)''.
    (j) Amendment to Table of Chapters.--The table of chapters at the 
beginning of part I of title 18, United States Code, is amended by 
striking the item relating to the chapter 113A added by section 132 of 
Public Law 102-27, but subsequently repealed.
    (k) Punctuation Correction.--Section 207(c)(2)(A)(ii) of title 18, 
United States Code, is amended by striking the semicolon at the end and 
inserting a comma.
    (l) Table of Contents Correction.--The table of contents for 
chapter 223 of title 18, United States Code, is amended by adding at 
the end the following:

``3509. Child Victims' and child witnesses' rights.''.
    (m) Elimination of Superfluous Comma.--Section 3742(b) of title 18, 
United States Code, is amended by striking ``Government,'' and 
inserting ``Government''.

SEC. 3003. CORRECTIONS OF ERRONEOUS CROSS REFERENCES AND 
              MISDESIGNATIONS.

    (a) Section 1791 of Title 18.--Section 1791(b) of title 18, United 
States Code, is amended by striking ``(c)'' each place it appears and 
inserting ``(d)''.
    (b) Section 1956 of Title 18.--Section 1956(c)(7)(D) of title 18, 
United States Code, is amended by striking ``section 1822 of the Mail 
Order Drug Paraphernalia Control Act (100 Stat. 3207-51; 21 U.S.C. 
857)'' and inserting ``section 422 of the Controlled Substances Act (21 
U.S.C. 863)''.
    (c) Section 2703 of Title 18.--Section 2703(d) of title 18, United 
States Code, is amended by striking ``section 3126(2)(A)'' and 
inserting ``section 3127(2)(A)''.
    (d) Section 666 of Title 18.--Section 666(d) of title 18, United 
States Code, is amended--
            (1) by redesignating the second paragraph (4) as paragraph 
        (5);
            (2) by striking ``and'' at the end of paragraph (3); and
            (3) by striking the period at the end of paragraph (4) and 
        inserting ``; and''.
    (e) Section 4247 of Title 18.--Section 4247(h) of title 18, United 
States Code, is amended by striking ``subsection (e) of section 4241, 
4243, 4244, 4245, or 4246,'' and inserting ``subsection (e) of section 
4241, 4244, 4245, or 4246, or subsection (f) of section 4243,''.
    (f) Section 408 of the Controlled Substance.--Section 408(b)(2)(A) 
of the Controlled Substances Act (21 U.S.C. 848(b)(2)(A)) is amended by 
striking ``subsection (d)(1)'' and inserting ``subsection (c)(1)''.
    (g) Maritime Drug Law Enforcement Act.--(1) Section 994(h) of title 
28, United States Code, is amended by striking ``section 1 of the Act 
of September 15, 1980 (21 U.S.C. 955a)'' each place it appears and 
inserting ``the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 
et seq.)''.
    (2) Section 924(e) of title 18, United States Code, is amended by 
striking ``the first section or section 3 of Public Law 96-350 (21 
U.S.C. 955a et seq.)'' and inserting ``the Maritime Drug Law 
Enforcement Act (46 U.S.C. App. 1901 et seq.)''.
    (h) Section 2596 of the Crime Control Act of 1990.--Section 2596(d) 
of the Crime Control Act of 1990 is amended, effective retroactively to 
the date of enactment of such Act, by striking ``951(c)(1)'' and 
inserting ``951(c)(2)''.
    (i) Section 3143 of Title 18.--The last sentence of section 
3143(b)(1) of title 18, United States Code, is amended by striking 
``(b)(2)(D)'' and inserting ``(1)(B)(iv)''.

SEC. 3004. REPEAL OF OBSOLETE PROVISIONS IN TITLE 18.

    Title 18, United States Code, is amended--
            (1) in section 212, by striking ``or of any National 
        Agricultural Credit Corporation,'' and by striking ``or 
        National Agricultural Credit Corporations,'';
            (2) in section 213, by striking ``or examiner of National 
        Agricultural Credit Corporations'';
            (3) in section 709, by striking the seventh and thirteenth 
        paragraphs;
            (4) in section 711, by striking the second paragraph;
            (5) by striking section 754, and amending the table of 
        sections for chapter 35 by striking the item relating to 
        section 754;
            (6) in sections 657 and 1006, by striking ``Reconstruction 
        Finance Corporation,'', and by striking ``Farmers' Home 
        Corporation,'';
            (7) in section 658, by striking ``Farmers' Home 
        Corporation,'';
            (8) in section 1013, by striking ``, or by any National 
        Agricultural Credit Corporation'';
            (9) in section 1160, by striking ``white person'' and 
        inserting ``non-Indian'';
            (10) in section 1698, by striking the second paragraph;
            (11) by striking sections 1904 and 1908, and amending the 
        table of sections for chapter 93 by striking the items relating 
        to such sections;
            (12) in section 1909, by inserting ``or'' before ``farm 
        credit examiner'' and by striking ``or an examiner of National 
        Agricultural Credit Corporations,'';
            (13) by striking sections 2157 and 2391, and amending the 
        table of sections for chapters 105 and 115, respectively, by 
        striking the items relating to such sections;
            (14) in section 2257 by striking the subsections (f) and 
        (g) that were enacted by Public Law 100-690;
            (15) in section 3113, by striking the third paragraph;
            (16) in section 3281, by striking ``except for offenses 
        barred by the provisions of law existing on August 4, 1939'';
            (17) in section 443, by striking ``or (3) 5 years after 12 
        o'clock noon of December 31, 1946,''; and
            (18) in sections 542, 544, and 545, by striking ``the 
        Philippine Islands,''.

SEC. 3005. CORRECTION OF DRAFTING ERROR IN THE FOREIGN CORRUPT 
              PRACTICES ACT.

    Section 104 of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 
78dd-2) is amended, in subsection (a)(3), by striking ``issuer'' and 
inserting in lieu thereof ``domestic concern''.

SEC. 3006. ELIMINATION OF REDUNDANT PENALTY PROVISION IN 18 U.S.C. 
              1116.

    Section 1116(a) of title 18, United States Code, is amended by 
striking ``, and any such person who is found guilty of attempted 
murder shall be imprisoned for not more than 20 years''.

SEC. 3007. ELIMINATION OF REDUNDANT PENALTY.

    Section 1864(c) of title 18, United States Code, is amended by 
striking ``(b) (3), (4), or (5)'' and inserting in lieu thereof 
``(b)(5)''.

SEC. 3008. CORRECTIONS OF MISSPELLINGS AND GRAMMATICAL ERRORS.

    Title 18, United States Code, is amended--
            (1) in section 513(c)(4), by striking ``association or 
        persons'' and inserting in lieu thereof ``association of 
        persons'';
            (2) in section 1956(e), by striking ``Evironmental'' and 
        inserting in lieu thereof ``Environmental'';
            (3) in section 3125, by striking the quotation marks in 
        paragraph (a)(2), and by striking ``provider for'' and 
        inserting in lieu thereof ``provider of'' in subsection (d);
            (4) in section 3731, by striking ``order of a district 
        courts'' and inserting in lieu thereof ``order of a district 
        court'' in the second undesignated paragraph;
            (5) in section 151, by striking ``mean'' and inserting 
        ``means'';
            (6) in section 208(b), by inserting ``if'' after ``(4)'';
            (7) in section 209(d), by striking ``under the terms of the 
        chapter 41'' and inserting ``under the terms of chapter 41'';
            (8) in section 1014, by inserting a comma after ``National 
        Credit Union Administration Board''; and
            (9) in section 3291, by striking ``the afore-mentioned'' 
        and inserting ``such''.

SEC. 3009. OTHER TECHNICAL AMENDMENTS.

    (a) Section 419 of Controlled Substances Act.--Section 419(b) of 
the Controlled Substances Act (21 U.S.C. 860(b)) is amended by striking 
``years Penalties'' and inserting ``years. Penalties''.
    (b) Section 667.--Section 667 of title 18, United States Code, is 
amended by adding at the end the following: ``The term `livestock' has 
the meaning set forth in section 2311 of this title.''.
    (c) Section 1114.--Section 1114 of title 18, United States Code, is 
amended by striking ``or any other officer, agency, or employee of the 
United States'' and inserting ``or any other officer or employee of the 
United States or any agency thereof''.
    (d) Section 408 of Controlled Substances Act.--Section 408(q)(8) of 
the Controlled Substances Act (21 U.S.C. 848(q)(8)) is amended by 
striking ``applications, for writ'' and inserting ``applications for 
writ''.

SEC. 3010. CORRECTIONS OF ERRORS FOUND DURING CODIFICATION.

    Title 18, United States Code, is amended--
            (1) in section 212, by striking ``218'' and inserting 
        ``213'';
            (2) in section 1917--
                    (A) by striking ``Civil Service Commission'' and 
                inserting ``Office of Personnel Management''; and
                    (B) by striking ``the Commission'' in paragraph (1) 
                and inserting ``such Office'';
            (3) by transferring the table of sections for each 
        subchapter of each of chapters 227 and 229 to follow the 
        heading of that subchapter;
            (4) so that the heading of section 1170 reads as follows:
``Sec.  1170. Illegal trafficking in Native American human remains and 
              cultural items'';
            (5) so that the item relating to section 1170 in the table 
        of sections at the beginning of chapter 53 reads as follows:

``1170. Illegal trafficking in Native American human remains and 
                            cultural items.'';
            (6) in section 3509(a), by striking paragraph (11) and 
        redesignating paragraphs (12) and (13) as paragraphs (11) and 
        (12), respectively;
            (7) in section 3509--
                    (A) by striking out ``subdivision'' each place it 
                appears and inserting ``subsection''; and
                    (B) by striking out ``government'' each place it 
                appears and inserting ``Government'';
            (8) in section 2252(a)(3)(B), by striking ``materails'' and 
        inserting ``materials'';
            (9) in section 14, by striking ``45,'' and ``608, 611, 
        612,'';
            (10) in section 3059A--
                    (A) in subsection (b), by striking ``this 
                subsection'' and inserting ``subsection''; and
                    (B) in subsection (c), by striking ``this 
                subsection'' and inserting ``subsection'';
            (11) in section 1761(c)--
                    (A) by striking ``and'' at the end of paragraph 
                (1);
                    (B) by inserting ``and'' at the end of paragraph 
                (3); and
                    (C) by striking the period at the end of paragraph 
                (2)(B) and inserting a semicolon;
            (12) in the table of sections at the beginning of chapter 
        11--
                    (A) in the item relating to section 203, by 
                inserting a comma after ``officers'' and by striking 
                the comma after ``others''; and
                    (B) in the item relating to section 204, by 
                inserting ``the'' before ``United States Court of 
                Appeals for the Federal Circuit'';
            (13) in the table of sections at the beginning of chapter 
        23, in the item relating to section 437, by striking the period 
        immediately following ``Indians'';
            (14) in the table of sections at the beginning of chapter 
        25, in the item relating to section 491, by striking the period 
        immediately following ``paper used as money'';
            (15) in section 207(a)(3), by striking ``Clarification of 
        Restrictions'' and inserting ``Clarification of restrictions'';
            (16) in section 176, by striking ``the government'' and 
        inserting ``the Government'';
            (17) in section 3059A(e)(2)(iii), by striking ``backpay'' 
        and inserting ``back pay''; and
            (18) by adding a period at the end of the item relating to 
        section 3059A in the table of sections at the beginning of 
        chapter 203.

SEC. 3011. PROBLEMS RELATED TO EXECUTION OF PRIOR AMENDMENTS.

    (a) Incorrect Reference and Punctuation Correction.--(1) Section 
2587(b) of the Crime Control Act of 1990 is repealed, effective on the 
date such section took effect.
    (2) Section 2587(b) of Public Law 101-647 is amended, effective the 
date such section took effect, by striking ``The chapter heading for'' 
and inserting ``The table of sections at the beginning of''.
    (3) The item relating to section 3059A in the table of sections at 
the beginning of chapter 203 of title 18, United States Code, is 
amended by adding a period at the end.
    (b) Lack of Punctuation in Stricken Language.--Section 46(b) of 
Public Law 99-646 is amended, effective on the date such section took 
effect, so that--
            (A) in paragraph (1), the matter proposed to be stricken 
        from the beginning of section 201(b) of title 18, United States 
        Code, reads ``(b) Whoever, directly''; and
            (B) in paragraph (2), a comma, rather than a semicolon, 
        appears after ``his lawful duty'' in the matter to be stricken 
        from paragraph (3) of section 201(b) of such title.
    (c) Biological Weapons.--(1) Section 3 of the Biological Weapons 
Anti-Terrorism Act of 1989 is amended, effective on the date such 
section took effect in subsection (b), by striking ``2516(c)'' and 
inserting ``2516(1)(c)''.
    (2) The item in the table of chapters for part I of title 18, 
United States Code, that relates to chapter 10 is amended by striking 
``Weapons'' and inserting ``weapons''.
    (d) Placement of New Section.--Section 404(a) of Public Law 101-630 
is amended, effective on the date such section took effect, by striking 
``adding at the end thereof'' each place it appears and inserting 
``inserting after section 1169''.
    (e) Elimination of Erroneous Characterization of Matter Inserted.--
Section 225(a) of Public Law 101-674 is amended, effective on the date 
such section took effect, by striking ``new rule''.
    (f) Clarification of Placement of Amendment.--Section 1205(c) of 
Public Law 101-647 is amended, effective the date such section took 
effect, by inserting ``at the end'' after ``adding''.
    (g) Elimination of Duplicate Amendment.--Section 1606 of Public Law 
101-647 (amending section 1114 of title 18, United States Code) is 
repealed effective the date of the enactment of such section.
    (h) Error in Amendment Phrasing.--Section 3502 of Public Law 101-
647 is amended, effective the date such section took effect, by 
striking ``10'' and inserting ``ten''.
    (i) Clarification that Amendments Were to Title 18.--Sections 3524, 
3525, and 3528 of Public Law 101-647 are each amended, effective the 
date such sections took effect, by inserting ``of title 18, United 
States Code'' before ``is amended''.
    (j) Correction of Paragraph Reference.--Section 3527 of Public Law 
101-647 is amended, effective the date such section took effect, by 
striking ``4th'' and inserting ``5th''.
    (k) Repeal of Obsolete Technical Correction to Section 1345.--
Section 3542 of Public Law 101-647 is repealed, effective the date of 
enactment of such Public Law.
    (l) Repeal of Obsolete Technical Correction to Section 1956.--
Section 3557(2)(E) of Public Law 101-647 is repealed, effective the 
date of enactment of such Public Law.
    (m) Clarification of Placement of Amendments.--Public Law 101-647 
is amended, effective the date of the enactment of such Public Law--
            (1) in section 3564(1), by inserting ``each place it 
        appears'' after the quotation mark following ``2251'' the first 
        place it appears; and
            (2) in section 3565(3)(A), by inserting ``each place it 
        appears'' after the quotation mark following ``subchapter''.
    (n) Correction of Word Quoted in Amendment.--Section 3586(1) of 
Public Law 101-647 is amended, effective the date such section took 
effect, by striking ``fines'' and inserting ``fine''.
    (o) Elimination of Obsolete Technical Amendment to Section 4013.--
Section 3599 of Public Law 101-647 is repealed, effective the date of 
the enactment of such Public Law.
    (p) Correction of Directory Language.--Section 3550 of Public Law 
101-647 is amended, effective the date such section took effect, by 
striking ``not more than''.
    (q) Repeal of Duplicate Provisions.--(1) Section 3568 of Public Law 
101-647 is repealed, effective the date such section took effect.
    (2) Section 1213 of Public Law 101-647 is repealed, effective the 
date such section took effect.
    (r) Correction of Words Quoted in Amendment.--Section 2531(3) of 
Public Law 101-647 is amended, effective the date such section took 
effect, by striking ``1679(c)(2)'' and inserting ``1679a(c)(2)''.
    (s) Forfeiture.--(1) Section 1401 of Public Law 101-647 is amended, 
effective the date such section took effect--
            (A) by inserting a comma after ``, 5316''; and
            (B) by inserting ``the first place it appears'' after the 
        quotation mark following ``5313(a)''.
    (2) Section 2525(a)(2) of Public Law 101-647 is amended, effective 
the date such section took effect, by striking ``108(3)'' and inserting 
``2508(3)''.
    (t) Incorrect Section Reference.--Section 1402(d)(3) of the Victims 
of Crime Act of 1984 (42 U.S.C. 10601(d)(3)) is amended by striking 
``1404(a)'' and inserting ``1404A''.
    (u) Missing Text.--Section 1403(b)(1) of the Victims of Crime Act 
of 1984 (42 U.S.C. 10602(b)(1)) is amended by inserting after 
``domestic violence'' the following: ``for--
                    ``(A) medical expenses attributable to a physical 
                injury resulting from compensable crime, including 
                expenses for mental health counseling and care;
                    ``(B) loss of wages attributable to a physical 
                injury resulting from a compensable crime; and
                    ``(C) funeral expenses attributable to a death 
                resulting from a compensable crime''.

SEC. 3012. AMENDMENTS TO SECTION 1956 OF TITLE 18 TO ELIMINATE 
              DUPLICATE PREDICATE CRIMES.

    Section 1956 of title 18, United States Code, is amended--
            (1) in subsection (c)(7)(D), by striking ``section 1341 
        (relating to mail fraud) or section 1343 (relating to wire 
        fraud) affecting a financial institution, section 1344 
        (relating to bank fraud),'';
            (2) in subsection (a)(2) and in subsection (b), by striking 
        ``transportation'' each place it appears and inserting 
        ``transportation, transmission, or transfer'';
            (3) in subsection (a)(3), by striking ``represented by a 
        law enforcement officer'' and inserting ``represented''; and
            (4) in subsection (c)(7)(E), by striking the period that 
        follows a period.

SEC. 3013. AMENDMENTS TO PART V OF TITLE 18.

    Part V of title 18, United States Code, is amended--
            (1) by inserting after the heading for such part the 
        following:

                  ``CHAPTER 601--IMMUNITY OF WITNESSES'';

            (2) in section 6001(1)--
                    (A) by striking ``Atomic Energy Commission'' and 
                inserting ``Nuclear Regulatory Commission''; and
                    (B) by striking ``the Subversive Activities Control 
                Board,''
            (3) by striking ``part'' the first place it appears and 
        inserting ``chapter''; and
            (4) by striking ``part'' each other place it appears and 
        inserting ``title''.
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```