I

103D CONGRESS

1ST SESSION H. R. 2217

To control and prevent crime.

IN THE HOUSE OF REPRESENTATIVES

MAY 20, 1993

Mr. GEKAS introduced the following bill; which was referred to the Committee

on the Judiciary

A BILL

To control and prevent crime.

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

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

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

5 ‘‘Violent Crimes Control Act of 1993’’.

6 (b) TABLE OF CONTENTS.—The following is the table

7 of contents for this Act:

Sec. 1. Short title and table of contents.

TITLE I—DEATH PENALTY

Sec. 101. Short title.

Sec. 102. Death penalty procedures.

Sec. 103. Conforming amendment relating to destruction of aircraft or aircraft

facilities.

Sec. 104. Conforming amendment relating to espionage.

Sec. 105. Conforming amendment relating to transporting explosives.
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Sec. 106. Conforming amendment relating to malicious destruction of Federal

property by explosives.

Sec. 107. Conforming amendment relating to malicious destruction of interstate

property by explosives.

Sec. 108. Conforming amendment relating to murder.

Sec. 109. Conforming amendment relating to killing official guests or internationally protected persons.

Sec. 110. Murder by Federal prisoner.

Sec. 111. Conforming amendment relating to kidnapping.

Sec. 112. Conforming amendment relating to hostage taking.

Sec. 113. Conforming amendment relating to mailability of injurious articles.

Sec. 114. Conforming amendment relating to presidential assassination.

Sec. 115. Conforming amendment relating to murder for hire.

Sec. 116. Conforming amendment relating to violent crimes in aid of racketeering activity.

Sec. 117. Conforming amendment relating to wrecking trains.

Sec. 118. Conforming amendment relating to bank robbery.

Sec. 119. Conforming amendment relating to terrorist acts.

Sec. 120. Conforming amendment relating to aircraft hijacking.

Sec. 121. Conforming amendment to Controlled Substances Act.

Sec. 122. Conforming amendment relating to genocide.

Sec. 123. Protection of court officers and jurors.

Sec. 124. Prohibition of retaliatory killings of witnesses, victims, and informants.

Sec. 125. Death penalty for murder of Federal law enforcement officers.

Sec. 126. Death penalty for murder of State or local law enforcement officers

assisting Federal law enforcement officers.

Sec. 127. Implementation of the 1988 protocol for the suppression of unlawful

acts of violence at airports serving international civil aviation.

Sec. 128. Amendment to Federal Aviation Act.

Sec. 129. Offenses of violence against maritime navigation or fixed platforms.

Sec. 130. Torture.

Sec. 131. Weapons of mass destruction.

Sec. 132. Homicides and attempted homicides involving firearms in Federal facilities.

Sec. 133. Death penalty for civil rights murders.

Sec. 134. Death penalty for murder of Federal witnesses.

Sec. 135. Drive-by shootings.

Sec. 136. Death penalty for gun murders during Federal crimes of violence and

drug trafficking crimes.

Sec. 137. Death penalty for rape and child molestation murders.

Sec. 138. Protection of jurors and witnesses in capital cases.

Sec. 139. Inapplicability to uniform code of military justice.

Sec. 140. Death penalty for causing death in the sexual exploitation of children.

Sec. 141. Murder by escaped prisoners.

Sec. 142. Death penalty for murders in the District of Columbia.

TITLE II—HABEAS CORPUS REFORM

Subtitle A—General Habeas Corpus Reform

Sec. 201. Short title.

Sec. 202. Period of limitation.

Sec. 203. Appeal.

Sec. 204. Amendment of Federal rules of appellate procedure.

Sec. 205. Section 2254 amendments.
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Sec. 206. Section 2255 amendments.

Subtitle B—Death Penalty Litigation Procedures

Sec. 211. Short title for Subtitle B.

Sec. 212. Death penalty litigation procedures.

Subtitle C—Equalization of Capital Habeas Corpus Litigation Funding

Sec. 221. Funding for death penalty prosecutions.

TITLE III—EXCLUSIONARY RULE

Sec. 301. Admissibility of certain evidence.

TITLE IV—FIREARMS AND RELATED AMENDMENTS

Sec. 401. Increased mandatory minimum sentences for criminals using firearms.

Sec. 402. Increased penalty for second offense of using an explosive to commit

a felony.

Sec. 403. Smuggling firearms in aid of drug trafficking.

Sec. 404. Prohibition against theft of firearms or explosives.

Sec. 405. Increased penalty for knowingly false, material statement in connection with the acquisition of a firearm from a licensed dealer.

Sec. 406. Summary destruction of explosives subject to forfeiture.

Sec. 407. Elimination of outmoded language relating to parole.

Sec. 408. Enhanced penalties for use of a firearm in the commission of counterfeiting or forgery.

Sec. 409. Mandatory penalties for firearms possession by violent felons and serious drug offenders.

Sec. 410. Receipt of firearms by nonresident.

Sec. 411. Prohibition against conspiracy to violate Federal firearms or explosives laws.

Sec. 412. Prohibition against theft of firearms or explosives from licensee.

Sec. 413. Prohibition against disposing of explosives to prohibited persons.

Sec. 414. Increased penalty for interstate gun trafficking.

Sec. 415. Prohibition against transactions involving stolen firearms which have

moved in interstate or foreign commerce.

Sec. 416. Possession of explosives by felons and others.

Sec. 417. Possession of an explosive during the commission of a felony.

Sec. 418. Disposition of forfeited firearms.

Sec. 419. Definition of serious drug offense.

Sec. 420. Definition of burglary under the armed career criminal statute.

TITLE V—TERRORISM AND INTERNATIONAL MATTERS

Sec. 501. Terrorism civil remedy.

Sec. 502. Providing material support to terrorists.

Sec. 503. Forfeiture of assets used to support terrorists.

Sec. 504. Alien witness cooperation.

Sec. 505. Territorial sea extending to 12 miles included in special maritime and

territorial jurisdiction.

Sec. 506. Assimilated crimes in extended territorial sea.

Sec. 507. Jurisdiction over crimes against United States nationals on certain

foreign ships.

Sec. 508. Penalties for international terrorist acts.
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Sec. 509. Authorization of appropriations.

Sec. 510. Enhanced penalties for certain offenses.

Sec. 511. Sentencing guidelines increase for terrorist crimes.

Sec. 512. Extension of the statute of limitations for certain terrorism offenses.

Sec. 513. International parental kidnapping.

Sec. 514. State court programs regarding interstate and international parental

child abduction.

Sec. 515. Foreign murder of United States nationals.

Sec. 516. Extradition.

Sec. 517. Gambling devices on United States ships.

Sec. 518. FBI access to telephone subscriber information.

TITLE VI—SEXUAL VIOLENCE, CHILD ABUSE, AND VICTIMS’

RIGHTS

Subtitle A—Sexual Violence and Child Abuse

Sec. 601. Definition of sexual act for victims below 16 years of age.

Sec. 602. Increased penalties for recidivist sex offenders.

Sec. 603. Restitution for victims of sex offenses.

Sec. 604. HIV testing and penalty enhancement in sexual abuse cases.

Sec. 605. Payment of cost of HIV testing for victim.

Subtitle B—Victims’ Rights

Sec. 611. Restitution amendments.

Sec. 612. Victim’s right of allocution in sentencing.

Sec. 613. Right of the victim to an impartial jury.

Sec. 614. Mandatory restitution and other provisions.

Subtitle C—Crime Victims Fund

Sec. 621. Crime victims fund.

Sec. 622. Percentage change in crime victim compensation formula.

Sec. 623. Administrative costs for crime victim compensation.

Sec. 624. Relationship of crime victim compensation to certain Federal programs.

Sec. 625. Use of unspent section 1403 money.

Sec. 626. Underserved victims.

Sec. 627. Grants for demonstration projects.

Sec. 628. Administrative costs for crime victim assistance.

Sec. 629. Change of due date for required report.

Sec. 630. Maintenance of effort.

Sec. 631. Delayed effective date for certain provisions.

Subtitle D—National Child Protection Act

Sec. 641. Short title.

Sec. 642. Findings and purposes.

Sec. 643. Definitions.

Sec. 644. Reporting by the States.

Sec. 645. Background checks.

Sec. 646. Funding for improvement of child abuse crime information.

Subtitle E—Jacob Wetterling Crimes Against Children Registration Act

Sec. 651. Short title.

Sec. 652. Establishment of program.
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Sec. 653. State compliance.

Subtitle F—Domestic Violence

Sec. 661. Domestic violence grants.

Sec. 662. Report on battered women’s syndrome.

Subtitle G—Other Provisions

Sec. 671. Inducement of minor to commit an offense.

Sec. 672. Disclosure of records of arrests by campus police.

Sec. 673. National baseline study on campus sexual assault.

Sec. 674. Sense of Congress concerning child custody and visitation rights.

TITLE VII—EQUAL JUSTICE ACT

Sec. 701. Short title.

Sec. 702. Prohibition of racially discriminatory policies concerning capital punishment or other penalties.

Sec. 703. General safeguards against racial prejudice or bias in the tribunal.

Sec. 704. Federal capital cases.

Sec. 705. Extension of protection of civil rights statutes.

TITLE VIII—PUBLIC CORRUPTION

Sec. 801. Short title.

Sec. 802. Public corruption.

Sec. 803. Interstate commerce.

Sec. 804. Narcotics-related public corruption.

TITLE IX—FEDERAL PRISONS

Sec. 901. Authorization of appropriations for new prison construction.

TITLE X—VIOLENT CRIME

Sec. 1001. Short title.

Sec. 1002. Title 18 amendment.

TITLE XI—INTERNATIONAL PARENTAL KIDNAPPING

Sec. 1101. Short title.

Sec. 1102. Title 18 amendment.

Sec. 1103. State court programs regarding international parental child abduction.

1 TITLE I—DEATH PENALTY

2 SEC. 101. SHORT TITLE.

3 This title may be cited as the ‘‘Federal Death Penalty

4 Act of 1993’’.
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1 SEC. 102. DEATH PENALTY PROCEDURES.

2 (a) ADDITION OF CHAPTER TO TITLE 18, UNITED

3 STATES CODE.—Title 18, United States Code, is amended

4 by inserting after chapter 227 the following new chapter:

5 ‘‘CHAPTER 228—DEATH PENALTY

6 PROCEDURES

‘‘Sec.

‘‘3591. Sentence of death.

‘‘3592. Factors to be considered in determining whether a sentence of death is

justified.

‘‘3593. Special hearing to determine whether a sentence of death is justified.

‘‘3594. Imposition of a sentence of death.

‘‘3595. Review of a sentence of death.

‘‘3596. Implementation of a sentence of death.

‘‘3597. Use of State facilities.

‘‘3598. Appointment of counsel.

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

‘‘3600. Application in Indian country.

7 ‘‘§ 3591. Sentence of death

8 ‘‘A defendant who has been found guilty of—

9 ‘‘(1) an offense described in section 794 or sec10 tion 2381;

11 ‘‘(2) an offense described in section 1751(c) if

12 the offense, as determined beyond a reasonable

13 doubt at a hearing under section 3593, constitutes

14 an attempt to murder the President of the United

15 States and results in bodily injury to the President

16 or comes dangerously close to causing the death of

17 the President;

18 ‘‘(3) an offense referred to in section 408(c)(1)

19 of the Controlled Substances Act (21 U.S.C.

20 848(c)(1)), committed as part of a continuing crimi-
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1 nal enterprise offense under the conditions described

2 in subsection (b) of that section which involved not

3 less than twice the quantity of controlled substance

4 described in subsection (b)(2)(A) or twice the gross

5 receipts described in subsection (b)(2)(B);

6 ‘‘(4) an offense referred to in section 408(c)(1)

7 of the Controlled Substances Act (21 U.S.C.

8 848(c)(1)), committed as part of a continuing crimi9 nal enterprise offense under that section, where the

10 defendant is a principal administrator, organizer, or

11 leader of such an enterprise, and the defendant, in

12 order to obstruct the investigation or prosecution of

13 the enterprise or an offense involved in the enter14 prise, attempts to kill or knowingly directs, advises,

15 authorizes, or assists another to attempt to kill any

16 public officer, juror, witness, or members of the fam17 ily or household of such a person;

18 ‘‘(5) an offense constituting a felony violation of

19 the Controlled Substances Act (21 U.S.C. 801 et

20 seq.), the Controlled Substances Import and Export

21 Act (21 U.S.C. 951 et seq.), or the Maritime Drug

22 Law Enforcement Act (46 U.S.C. App. 1901 et

23 seq.), where the defendant, intending to cause death

24 or acting with reckless disregard for human life, en25 gages in such a violation, and the death of another
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1 person results in the course of the violation or from

2 the use of the controlled substance involved in the

3 violation; or

4 ‘‘(6) any other offense for which a sentence of

5 death is provided if the defendant, as determined be6 yond a reasonable doubt at a hearing under section

7 3593, caused the death of a person intentionally,

8 knowingly, or through recklessness manifesting ex9 treme indifference to human life, or caused the

10 death of a person through the intentional infliction

11 of serious bodily injury,

12 shall be sentenced to death if, after consideration of the

13 factors set forth in section 3592 in the course of a hearing

14 held pursuant to section 3593, it is determined that impo15 sition of a sentence of death is justified, except that no

16 person may be sentenced to death who was less than 18

17 years of age at the time of the offense or who is mentally

18 retarded.

19 ‘‘§ 3592. Factors to be considered in determining

20 whether a sentence of death is justified

21 ‘‘(a) MITIGATING FACTORS.—In determining wheth22 er a sentence of death is justified for any offense, the jury,

23 or if there is no jury, the court, shall consider each of

24 the following mitigating factors and determine which, if

25 any, exist:
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1 ‘‘(1) MENTAL CAPACITY.—The defendant’s

2 mental capacity to appreciate the wrongfulness of

3 his conduct or to conform his conduct to the require4 ments of law was significantly impaired, regardless

5 of whether the capacity was so impaired as to con6 stitute a defense to the charge.

7 ‘‘(2) DURESS.—The defendant was under un8 usual and substantial duress, regardless of whether

9 the duress was of such a degree as to constitute a

10 defense to the charge.

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

12 defendant’s participation in the offense, which was

13 committed by another, was relatively minor, regard14 less of whether the participation was so minor as to

15 constitute a defense to the charge.

16 ‘‘(4) NO SIGNIFICANT CRIMINAL HISTORY.—

17 The defendant did not have a significant history of

18 other criminal conduct.

19 ‘‘(5) DISTURBANCE.—The defendant committed

20 the offense under severe mental or emotional dis21 turbance.

22 ‘‘(6) VICTIM’S CONSENT.—The victim consented

23 to the criminal conduct that resulted in the victim’s

24 death.
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1 The jury, or if there is no jury, the court, shall consider

2 whether any other aspect of the defendant’s background,

3 character or record or any other circumstance of the of4 fense that the defendant may proffer as a mitigating fac5 tor exists.

6 ‘‘(b) AGGRAVATING FACTORS FOR ESPIONAGE AND

7 TREASON.—In determining whether a sentence of death

8 is justified for an offense described in section 3591(1), the

9 jury, or if there is no jury, the court, shall consider each

10 of the following aggravating factors and determine which,

11 if any, exist:

12 ‘‘(1) PREVIOUS ESPIONAGE OR TREASON CON13 VICTION.—The defendant has previously been con14 victed of another offense involving espionage or trea15 son for which a sentence of life imprisonment or

16 death was authorized by statute.

17 ‘‘(2) RISK OF SUBSTANTIAL DANGER TO NA18 TIONAL SECURITY.—In the commission of the of19 fense the defendant knowingly created a grave risk

20 to the national security.

21 ‘‘(3) RISK OF DEATH TO ANOTHER.—In the

22 commission of the offense the defendant knowingly

23 created a grave risk of death to another person.

24 The jury, or if there is no jury, the court, may consider

25 whether any other aggravating factor exists.
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1 ‘‘(c) AGGRAVATING FACTORS FOR HOMICIDE AND

2 FOR ATTEMPTED MURDER OF THE PRESIDENT.—In de3 termining whether a sentence of death is justified for an

4 offense described in section 3591 (2) or (6), the jury, or

5 if there is no jury, the court, shall consider each of the

6 following aggravating factors and determine which, if any,

7 exist:

8 ‘‘(1) CONDUCT OCCURRED DURING COMMISSION

9 OF SPECIFIED CRIMES.—The conduct resulting in

10 death occurred during the commission or attempted

11 commission of, or during the immediate flight from

12 the commission of, an offense under section 32 (de13 struction of aircraft or aircraft facilities), section 33

14 (destruction of motor vehicles or motor vehicle facili15 ties), section 36 (violence at international airports),

16 section 351 (violence against Members of Congress,

17 Cabinet officers, or Supreme Court Justices), section

18 751 (prisoners in custody of institution or officer),

19 section 794 (gathering or delivering defense informa20 tion to aid foreign government), section 844(d)

21 (transportation of explosives in interstate commerce

22 for certain purposes), section 844(f) (destruction of

23 Government property by explosives), section 844(i)

24 (destruction of property affecting interstate com25 merce by explosives), section 1116 (killing or at-
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1 tempted killing of diplomats), section 1118 (pris2 oners serving life term), section 1201 (kidnapping),

3 section 1203 (hostage taking), section 1751 (violence

4 against the President or Presidential staff), section

5 1992 (wrecking trains), section 2280 (maritime vio6 lence), section 2281 (maritime platform violence),

7 section 2332 (terrorist acts abroad against United

8 States nationals), section 2339A (use of weapons of

9 mass destruction), or section 2381 (treason) of this

10 title, section 1826 of title 28 (persons in custody as

11 recalcitrant witnesses or hospitalized following insan12 ity acquittal), or section 902 (i) or (n) of the Fed13 eral Aviation Act of 1958 (49 U.S.C. App. 1472 (i)

14 or (n) (aircraft piracy)).

15 ‘‘(2) INVOLVEMENT OF FIREARM OR PREVIOUS

16 CONVICTION OF VIOLENT FELONY INVOLVING FIRE17 ARM.—The defendant—

18 ‘‘(A) during and in relation to the commis19 sion of the offense or in escaping or attempting

20 to escape apprehension used or possessed a fire21 arm (as defined in section 921); or

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

23 Federal or State offense punishable by a term

24 of imprisonment of more than 1 year, involving

25 the use of attempted or threatened use of a
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1 firearm (as defined in section 921), against an2 other person.

3 ‘‘(3) PREVIOUS CONVICTION OF OFFENSE FOR

4 WHICH A SENTENCE OF DEATH OR LIFE IMPRISON5 MENT WAS AUTHORIZED.—The defendant has pre6 viously been convicted of another Federal or State

7 offense resulting in the death of a person, for which

8 a sentence of life imprisonment or death was author9 ized by statute.

10 ‘‘(4) PREVIOUS CONVICTION OF OTHER SERI11 OUS OFFENSES.—The defendant has previously been

12 convicted of 2 or more Federal or State offenses,

13 each punishable by a term of imprisonment of more

14 than 1 year, committed on different occasions, in15 volving the importation, manufacture, or distribution

16 of a controlled substance (as defined in section 102

17 of the Controlled Substances Act (21 U.S.C. 802))

18 or the infliction of, or attempted infliction of, serious

19 bodily injury or death upon another person.

20 ‘‘(5) GRAVE RISK OF DEATH TO ADDITIONAL

21 PERSONS.—The defendant, in the commission of the

22 offense or in escaping or attempting to escape ap23 prehension, knowingly created a grave risk of death

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

25 the offense.
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1 ‘‘(6) HEINOUS, CRUEL OR DEPRAVED MANNER

2 OF COMMISSION.—The defendant committed the of3 fense in an especially heinous, cruel, or depraved

4 manner in that it involved torture or serious physical

5 abuse to the victim.

6 ‘‘(7) PROCUREMENT OF OFFENSE BY PAY7 MENT.—The defendant procured the commission of

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

9 anything of pecuniary value.

10 ‘‘(8) COMMISSION OF THE OFFENSE FOR PECU11 NIARY GAIN.—The defendant committed the offense

12 as consideration for the receipt, or in the expectation

13 of the receipt, of anything of pecuniary value.

14 ‘‘(9) SUBSTANTIAL PLANNING AND

15 PREMEDITATION.—The defendant committed the of16 fense after substantial planning and premeditation.

17 ‘‘(10) VULNERABILITY OF VICTIM.—The victim

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

19 infirmity.

20 ‘‘(11) TYPE OF VICTIM.—The defendant com21 mitted the offense against—

22 ‘‘(A) the President of the United States,

23 the President-elect, the Vice President, the Vice

24 President-elect, the Vice President-designate,

25 or, if there was no Vice President, the officer
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1 next in order of succession to the office of the

2 President of the United States, or any person

3 acting as President under the Constitution and

4 laws of the United States;

5 ‘‘(B) a chief of state, head of government,

6 or the political equivalent, of a foreign nation;

7 ‘‘(C) a foreign official listed in section

8 1116(b)(3)(A), if that official was in the United

9 States on official business; or

10 ‘‘(D) a Federal public servant who was

11 outside of the United States or who was a Fed12 eral judge, a Federal law enforcement officer,

13 an employee (including a volunteer or contract

14 employee) of a Federal prison, or an official of

15 the Federal Bureau of Prisons—

16 ‘‘(i) while such public servant was en17 gaged in the performance of his official du18 ties;

19 ‘‘(ii) because of the performance of

20 such public servant’s official duties; or

21 ‘‘(iii) because of such public servant’s

22 status as a public servant.

23 For purposes of this paragraph, the terms ‘Presi24 dent-elect’ and ‘Vice President-elect’ mean such per25 sons as are the apparent successful candidates for
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1 the offices of President and Vice President, respec2 tively, as ascertained from the results of the general

3 elections held to determine the electors of President

4 and Vice President in accordance with sections 1

5 and 2 of title 3; a ‘Federal law enforcement officer’

6 is a public servant authorized by law or by a Gov7 ernment agency or Congress to conduct or engage in

8 the prevention, investigation, or prosecution of an

9 offense; ‘Federal prison’ means a Federal correc10 tional, detention, or penal facility, Federal commu11 nity treatment center, or Federal halfway house, or

12 any such prison operated under contract with the

13 Federal Government; and ‘Federal judge’ means any

14 judicial officer of the United States, and includes a

15 justice of the Supreme Court and a United States

16 magistrate judge.

17 The jury, or if there is no jury, the court, may consider

18 whether any other aggravating factor exists.

19 ‘‘(d) AGGRAVATING FACTORS FOR DRUG OFFENSE

20 DEATH PENALTY.—In determining whether a sentence of

21 death is justified for an offense described in section 3591

22 (3), (4), or (5), the jury, or if there is no jury, the court,

23 shall consider each of the following aggravating factors

24 and determine which, if any, exist:
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1 ‘‘(1) PREVIOUS CONVICTION OF OFFENSE FOR

2 WHICH A SENTENCE OF DEATH OR LIFE IMPRISON3 MENT WAS AUTHORIZED.—The defendant has pre4 viously been convicted of another Federal or State

5 offense resulting in the death of a person, for which

6 a sentence of life imprisonment or death was author7 ized by statute.

8 ‘‘(2) PREVIOUS CONVICTION OF OTHER SERI9 OUS OFFENSES.—The defendant has previously been

10 convicted of two or more Federal or State offenses,

11 each punishable by a term of imprisonment of more

12 than one year, committed on different occasions, in13 volving the importation, manufacture, or distribution

14 of a controlled substance (as defined in section 102

15 of the Controlled Substances Act (21 U.S.C. 802))

16 or the infliction of, or attempted infliction of, serious

17 bodily injury or death upon another person.

18 ‘‘(3) PREVIOUS SERIOUS DRUG FELONY CONVIC19 TION.—The defendant has previously been convicted

20 of another Federal or State offense involving the

21 manufacture, distribution, importation, or possession

22 of a controlled substances (as defined in section 102

23 of the Controlled Substances Act (21 U.S.C. 802))

24 for which a sentence of five or more years of impris25 onment was authorized by statute.
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1 ‘‘(4) USE OF FIREARM.—In committing the of2 fense, or in furtherance of a continuing criminal en3 terprise of which the offense was a part, the defend4 ant used a firearm or knowingly directed, advised,

5 authorized, or assisted another to use a firearm (as

6 defined in section 921) to threaten, intimidate, as7 sault, or injure a person.

8 ‘‘(5) DISTRIBUTION TO PERSONS UNDER 21.—

9 The offense, or a continuing criminal enterprise of

10 which the offense was a part, involved conduct pro11 scribed by section 418 of the Controlled Substances

12 Act (21 U.S.C. 859) which was committed directly

13 by the defendant or for which the defendant would

14 be liable under section 2 of this title.

15 ‘‘(6) DISTRIBUTION NEAR SCHOOLS.—The of16 fense, or a continuing criminal enterprise of which

17 the offense was a part, involved conduct proscribed

18 by section 419 of the Controlled Substances Act (21

19 U.S.C. 860) which was committed directly by the de20 fendant or for which the defendant would be liable

21 under section 2 of this title.

22 ‘‘(7) USING MINORS IN TRAFFICKING.—The of23 fense, or a continuing criminal enterprise of which

24 the offense was a part, involved conduct proscribed

25 by section 420 of the Controlled Substances Act (21
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1 U.S.C. 861) which was committed directly by the de2 fendant or for which the defendant would be liable

3 under section 2 of this title.

4 ‘‘(8) LETHAL ADULTERANT.—The offense in5 volved the importation, manufacture, or distribution

6 of a controlled substance (as defined in section 102

7 of the Controlled Substances Act (21 U.S.C. 802)),

8 mixed with a potentially lethal adulterant, and the

9 defendant was aware of the presence of the

10 adulterant.

11 The jury, or if there is no jury, the court, may consider

12 whether any other aggravating factor exists.

13 ‘‘§ 3593. Special hearing to determine whether a sen14 tence of death is justified

15 ‘‘(a) NOTICE BY THE GOVERNMENT.—Whenever the

16 Government intends to seek the death penalty for an of17 fense described in section 3591, the attorney for the Gov18 ernment, a reasonable time before the trial, or before ac19 ceptance by the court of a plea of guilty, or at such time

20 thereafter as the court may permit upon a showing of good

21 cause, shall sign and file with the court, and serve on the

22 defendant, a notice that the Government in the event of

23 conviction will seek the sentence of death. The notice shall

24 set forth the aggravating factor or factors enumerated in

25 section 3592, and any other aggravating factor not specifi-
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1 cally enumerated in section 3592, that the Government,

2 if the defendant is convicted, will seek to prove as the basis

3 for the death penalty. The factors for which notice is pro4 vided under this subsection may include factors concerning

5 the effect of the offense on the victim and the victim’s

6 family. The court may permit the attorney for the Govern7 ment to amend the notice upon a showing of good cause.

8 ‘‘(b) HEARING BEFORE A COURT OR JURY.—When

9 the attorney for the Government has filed a notice as re10 quired under subsection (a) and the defendant is found

11 guilty of an offense described in section 3591, the judge

12 who presided at the trial or before whom the guilty plea

13 was entered, or another judge if that judge is unavailable,

14 shall conduct a separate sentencing hearing to determine

15 the punishment to be imposed. Prior to such a hearing,

16 no presentence report shall be prepared by the United

17 States Probation Service, notwithstanding the provisions

18 of the Federal Rules of Criminal Procedure. The hearing

19 shall be conducted—

20 ‘‘(1) before the jury that determined the de21 fendant’s guilt;

22 ‘‘(2) before a jury impaneled for the purpose of

23 the hearing if—

24 ‘‘(A) the defendant was convicted upon a

25 plea of guilty;
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1 ‘‘(B) the defendant was convicted after a

2 trial before the court sitting without a jury;

3 ‘‘(C) the jury that determined the defend4 ant’s guilt was discharged for good cause; or

5 ‘‘(D) after initial imposition of a sentence

6 under this section, reconsideration of the sen7 tence under the section is necessary; or

8 ‘‘(3) before the court alone, upon motion of the

9 defendant and with the approval of the attorney for

10 the Government.

11 A jury impaneled pursuant to paragraph (2) shall consist

12 of 12 members, unless, at any time before the conclusion

13 of the hearing, the parties stipulate, with the approval of

14 the court, that it shall consist of a lesser number.

15 ‘‘(c) PROOF OF MITIGATING AND AGGRAVATING FAC16 TORS.—At the hearing, information may be presented as

17 to—

18 ‘‘(1) any matter relating to any mitigating fac19 tor listed in section 3592 and any other mitigating

20 factor; and

21 ‘‘(2) any matter relating to any aggravating

22 factor listed in section 3592 for which notice has

23 been provided under subsection (a) and (if informa24 tion is presented relating to such a listed factor) any
22

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1 other aggravating factor for which notice has been

2 so provided.

3 The information presented may include the trial transcript

4 and exhibits. Any other information relevant to such miti5 gating or aggravating factors may be presented by either

6 the Government or the defendant. The information pre7 sented by the Government in support of factors concerning

8 the effect of the offense on the victim and the victim’s

9 family may include oral testimony, a victim impact state10 ment that identifies the victim of the offense and the na11 ture and extent of harm and loss suffered by the victim

12 and the victim’s family, and other relevant information.

13 Information is admissible regardless of its admissibility

14 under the rules governing admission of evidence at crimi15 nal trials, except that information may be excluded if its

16 probative value is outweighed by the danger of creating

17 unfair prejudice, confusing the issues, or misleading the

18 jury. The attorney for the Government and for the defend19 ant shall be permitted to rebut any information received

20 at the hearing, and shall be given fair opportunity to

21 present argument as to the adequacy of the information

22 to establish the existence of any aggravating or mitigating

23 factor, and as to the appropriateness in that case of im24 posing a sentence of death. The attorney for the Govern25 ment shall open the argument. The defendant shall be per-
23

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1 mitted to reply. The Government shall then be permitted

2 to reply in rebuttal. The burden of establishing the exist3 ence of an aggravating factor is on the Government, and

4 is not satisfied unless the existence of such a factor is es5 tablished beyond a reasonable doubt. The burden of estab6 lishing the existence of any mitigating factor is on the de7 fendant, and is not satisfied unless the existence of such

8 a factor is established by a preponderance of the evidence.

9 ‘‘(d) RETURN OF SPECIAL FINDINGS.—The jury, or

10 if there is no jury, the court, shall consider all the informa11 tion received during the hearing. It shall return special

12 findings identifying any aggravating factor or factors set

13 forth in section 3592 found to exist and any other aggra14 vating factor for which notice has been provided under

15 subsection (a) found to exist. A finding with respect to

16 a mitigating factor may be made by one or more members

17 of the jury, and any member of the jury who finds the

18 existence of a mitigating factor may consider such factor

19 established for purposes of this section regardless of the

20 number of jurors who concur that the factor has been es21 tablished. A finding with respect to any aggravating factor

22 must be unanimous. If no aggravating factor set forth in

23 section 3592 is found to exist, the court shall impose a

24 sentence other than death authorized by law.
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1 ‘‘(e) RETURN OF A FINDING CONCERNING A SEN2 TENCE OF DEATH.—If, in the case of—

3 ‘‘(1) an offense described in section 3591(1), an

4 aggravating factor required to be considered under

5 section 3592(b) is found to exist;

6 ‘‘(2) an offense described in section 3591 (2) or

7 (6), an aggravating factor required to be considered

8 under section 3592(c) is found to exist; or

9 ‘‘(3) an offense described in section 3591 (3),

10 (4), or (5), an aggravating factor required to be con11 sidered under section 3592(d) is found to exist,

12 the jury, or if there is no jury, the court, shall then con13 sider whether the aggravating factor or factors found to

14 exist under subsection (d) outweigh any mitigating factor

15 or factors. The jury, or if there is no jury, the court shall

16 recommend a sentence of death if it unanimously finds at

17 least one aggravating factor and no mitigating factor or

18 if it finds one or more aggravating factors which outweigh

19 any mitigating factors. In any other case, it shall not rec20 ommend a sentence of death. The jury shall be instructed

21 that it must avoid any influence of sympathy, sentiment,

22 passion, prejudice, or other arbitrary factors in its deci23 sion, and should make such a recommendation as the in24 formation warrants.
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1 ‘‘(f) SPECIAL PRECAUTION TO ASSURE AGAINST

2 DISCRIMINATION.—In a hearing held before a jury, the

3 court, prior to the return of a finding under subsection

4 (e), shall instruct the jury that, in considering whether

5 a sentence of death is justified, it shall not be influenced

6 by prejudice or bias relating to the race, color, religion,

7 national origin, or sex of the defendant or of any victim

8 and that the jury is not to recommend a sentence of death

9 unless it has concluded that it would recommend a sen10 tence of death for the crime in question no matter what

11 the race, color, religion, national origin, or sex of the de12 fendant or of any victim may be. The jury, upon return

13 of a finding under subsection (e), shall also return to the

14 court a certificate, signed by each juror, that prejudice or

15 bias relating to the race, color, religion, national origin,

16 or sex of the defendant or any victim was not involved

17 in reaching his or her individual decision and that the indi18 vidual juror would have made the same recommendation

19 regarding a sentence for the crime in question no matter

20 what the race, color, religion, national origin, or sex of

21 the defendant or any victim may be.

22 ‘‘§ 3594. Imposition of a sentence of death

23 ‘‘Upon the recommendation under section 3593(e)

24 that a sentence of death be imposed, the court shall sen25 tence the defendant to death. Otherwise the court shall
26

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1 impose a sentence, other than death, authorized by law.

2 Notwithstanding any other provision of law, if the maxi3 mum term of imprisonment for the offense is life imprison4 ment, the court may impose a sentence of life imprison5 ment without the possibility of release.

6 ‘‘§ 3595. Review of a sentence of death

7 ‘‘(a) APPEAL.—In a case in which a sentence of death

8 is imposed, the sentence shall be subject to review by the

9 court of appeals upon appeal by the defendant. Notice of

10 appeal of the sentence must be filed within the time speci11 fied for the filing of a notice of appeal of the judgment

12 of conviction. An appeal of the sentence under this section

13 may be consolidated with an appeal of the judgment of

14 conviction and shall have priority over all other cases.

15 ‘‘(b) REVIEW.—The court of appeals shall review the

16 entire record in the case, including—

17 ‘‘(1) the evidence submitted during the trial;

18 ‘‘(2) the information submitted during the sen19 tencing hearing;

20 ‘‘(3) the procedures employed in the sentencing

21 hearing; and

22 ‘‘(4) the special findings returned under section

23 3593(d).

24 ‘‘(c) DECISION AND DISPOSITION.—
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1 ‘‘(1) AFFIRMANCE.—If the court of appeals de2 termines that—

3 ‘‘(A) the sentence of death was not im4 posed under the influence of passion, prejudice,

5 or any other arbitrary factor;

6 ‘‘(B) the evidence and information support

7 the special findings of the existence of an ag8 gravating factor or factors; and

9 ‘‘(C) the proceedings did not involve any

10 other prejudicial error requiring reversal of the

11 sentence that was properly preserved for and

12 raised on appeal,

13 it shall affirm the sentence.

14 ‘‘(2) REMAND.—In a case in which the sentence

15 is not affirmed under paragraph (1), the court of

16 appeals shall remand the case for reconsideration

17 under section 3593 or for imposition of another au18 thorized sentence as appropriate, except that the

19 court shall not reverse a sentence of death on the

20 ground that an aggravating factor was invalid or

21 was not supported by the evidence and information

22 if at least one aggravating factor required to be con23 sidered under section 3592 remains which was found

24 to exist and the court, on the basis of the evidence

25 submitted at trial and the information submitted at
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1 the sentencing hearing, finds no mitigating factor or

2 finds that the remaining aggravating factor or fac3 tors which were found to exist outweigh any mitigat4 ing factors.

5 ‘‘(3) STATEMENT OF REASONS.—The court of

6 appeals shall state in writing the reasons for its dis7 position of an appeal of a sentence of death under

8 this section.

9 ‘‘§ 3596. Implementation of a sentence of death

10 ‘‘(a) IN GENERAL.—A person who has been sen11 tenced to death pursuant to this chapter shall be commit12 ted to the custody of the Attorney General until exhaus13 tion of the procedures for appeal of the judgment of con14 viction and for review of the sentence. When the sentence

15 is to be implemented, the Attorney General shall release

16 the person sentenced to death to the custody of a United

17 States Marshal, who shall supervise implementation of the

18 sentence in the manner prescribed by the law of the State

19 in which the sentence is imposed. If the law of such State

20 does not provide for implementation of a sentence of

21 death, the court shall designate another State, the law of

22 which does so provide, and the sentence shall be imple23 mented in the manner prescribed by such law.

24 ‘‘(b) SPECIAL BARS TO EXECUTION.—A sentence of

25 death shall not be carried out upon a person who lacks
29

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1 the mental capacity to understand the death penalty and

2 why it was imposed on that person, or upon a woman while

3 she is pregnant.

4 ‘‘(c) EMPLOYEES MAY DECLINE TO PARTICIPATE.—

5 No employee of any State department of corrections, the

6 Federal Bureau of Prisons, or the United States Marshals

7 Service, and no employee providing services to that depart8 ment, bureau, or service under contract shall be required,

9 as a condition of that employment or contractual obliga10 tion, to be in attendance at or to participate in any execu11 tion carried out under this section if such participation

12 is contrary to the moral or religious convictions of the em13 ployee. For purposes of this subsection, the term ‘partici14 pate in any execution’ includes personal preparation of the

15 condemned individual and the apparatus used for the exe16 cution, and supervision of the activities of other personnel

17 in carrying out such activities.

18 ‘‘§ 3597. Use of State facilities

19 ‘‘A United States Marshal charged with supervising

20 the implementation of a sentence of death may use appro21 priate State or local facilities for the purpose, may use

22 the services of an appropriate State or local official or of

23 a person such an official employs for the purpose, and

24 shall pay the costs thereof in an amount approved by the

25 Attorney General.
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1 ‘‘§ 3598. Appointment of counsel

2 ‘‘(a) REPRESENTATION OF INDIGENT DEFEND3 ANTS.—This section shall govern the appointment of coun4 sel for any defendant against whom a sentence of death

5 is sought, or on whom a sentence of death has been im6 posed, for an offense against the United States, where the

7 defendant is or becomes financially unable to obtain ade8 quate representation. Such a defendant shall be entitled

9 to appointment of counsel from the commencement of trial

10 proceedings until one of the conditions specified in section

11 3599(b) has occurred. This section shall not affect the ap12 pointment of counsel and the provision of ancillary legal

13 services under section 408(q) (4), (5), (6), (7), (8), (9),

14 and (10) of the Controlled Substances Act (21 U.S.C. 848

15 (q) (4), (5), (6), (7), (8), (9), and (10)).

16 ‘‘(b) REPRESENTATION BEFORE FINALITY OF JUDG17 MENT.—A defendant within the scope of this section shall

18 have counsel appointed for trial representation as provided

19 in section 3005. At least 1 counsel so appointed shall con20 tinue to represent the defendant until the conclusion of

21 direct review of the judgment, unless replaced by the court

22 with other qualified counsel.

23 ‘‘(c) REPRESENTATION AFTER FINALITY OF JUDG24 MENT.—When a judgment imposing a sentence of death

25 has become final through affirmance by the Supreme

26 Court on direct review, denial of certiorari by the Supreme
31

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1 Court on direct review, or expiration of the time for seek2 ing direct review in the court of appeals or the Supreme

3 Court, the Government shall promptly notify the district

4 court that imposed the sentence. Within 10 days after re5 ceipt of such notice, the district court shall proceed to

6 make a determination whether the defendant is eligible

7 under this section for appointment of counsel for subse8 quent proceedings. On the basis of the determination, the

9 court shall issue an order—

10 ‘‘(1) appointing 1 or more counsel to represent

11 the defendant upon a finding that the defendant is

12 financially unable to obtain adequate representation

13 and wishes to have counsel appointed or is unable

14 competently to decide whether to accept or reject ap15 pointment of counsel;

16 ‘‘(2) finding, after a hearing if necessary, that

17 the defendant rejected appointment of counsel and

18 made the decision with an understanding of its legal

19 consequences; or

20 ‘‘(3) denying the appointment of counsel upon

21 a finding that the defendant is financially able to ob22 tain adequate representation.

23 Counsel appointed pursuant to this subsection shall be dif24 ferent from the counsel who represented the defendant at

25 trial and on direct review unless the defendant and counsel
32

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1 request a continuation or renewal of the earlier represen2 tation.

3 ‘‘(d) STANDARDS FOR COMPETENCE OF COUNSEL.—

4 In relation to a defendant who is entitled to appointment

5 of counsel under this section, at least 1 counsel appointed

6 for trial representation must have been admitted to the

7 bar for at least 5 years and have at least 3 years of experi8 ence in the trial of felony cases in the federal district

9 courts. If new counsel is appointed after judgment, at

10 least 1 counsel so appointed must have been admitted to

11 the bar for at least 5 years and have at least 3 years of

12 experience in the litigation of felony cases in the Federal

13 courts of appeals or the Supreme Court. The court, for

14 good cause, may appoint counsel who does not meet the

15 standards prescribed in the 2 preceding sentences, but

16 whose background, knowledge, or experience would other17 wise enable him or her to properly represent the defend18 ant, with due consideration of the seriousness of the pen19 alty and the nature of the litigation.

20 ‘‘(e) APPLICABILITY OF CRIMINAL JUSTICE ACT.—

21 Except as otherwise provided in this section, section

22 3006A shall apply to appointments under this section.

23 ‘‘(f) CLAIMS OF INEFFECTIVENESS OF COUNSEL.—

24 The ineffectiveness or incompetence of counsel during pro25 ceedings on a motion under section 2255 of title 28 in
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1 a capital case shall not be a ground for relief from the

2 judgment or sentence in any proceeding. This limitation

3 shall not preclude the appointment of different counsel at

4 any stage of the proceedings.

5 ‘‘§ 3599. Collateral attack on judgment imposing sen6 tence of death

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

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

9 and the judgment has become final as described in section

10 3598(c), a motion in the case under section 2255 of title

11 28 shall be filed within 90 days of the issuance of the

12 order relating to appointment of counsel under section

13 3598(c). The court in which the motion is filed, for good

14 cause shown, may extend the time for filing for a period

15 not exceeding 60 days. A motion described in this section

16 shall have priority over all noncapital matters in the dis17 trict court, and in the court of appeals on review of the

18 district court’s decision.

19 ‘‘(b) STAY OF EXECUTION.—The execution of a sen20 tence of death shall be stayed in the course of direct review

21 of the judgment and during the litigation of an initial mo22 tion in the case under section 2255 of title 28. The stay

23 shall run continuously following imposition of the sen24 tence, and shall expire if—
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1 ‘‘(1) the defendant fails to file a motion under

2 section 2255 of title 28 within the time specified in

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

4 for court of appeals review following the denial of

5 such a motion by a district court;

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

7 of appeals review under section 2255 of title 28, the

8 motion under that section is denied and—

9 ‘‘(A) the time for filing a petition for cer10 tiorari has expired and no petition has been

11 filed;

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

13 filed and the Supreme Court denied the peti14 tion; or

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

16 filed and upon consideration of the case, the

17 Supreme Court disposed of it in a manner that

18 left the capital sentence undisturbed; or

19 ‘‘(3) before a district court, in the presence of

20 counsel and after having been advised of the con21 sequences of the decision to do so, the defendant

22 waives the right to file a motion under section 2255

23 of title 28.

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

25 the conditions specified in subsection (b) has occurred, no
35

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1 court thereafter shall have the authority to enter a stay

2 of execution or grant relief in the case unless—

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

4 is a claim not presented in earlier proceedings;

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

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

7 violation of the Constitution or laws of the

8 United States;

9 ‘‘(B) the result of the Supreme Court rec10 ognition of a new Federal right that is retro11 actively applicable; or

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

13 could not have been discovered through the ex14 ercise of reasonable diligence in time to present

15 the claim in earlier proceedings; and

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

17 sufficient, if proven, to undermine the court’s con18 fidence in the determination of guilt on the offense

19 or offenses for which the death penalty was imposed.

20 ‘‘§ 3600. Application in Indian country

21 ‘‘Notwithstanding sections 1152 and 1153, no person

22 subject to the criminal jurisdiction of an Indian tribal gov23 ernment shall be subject to a capital sentence under this

24 chapter for any offense the Federal jurisdiction for which

25 is predicated solely on Indian country as defined in section
36

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1 1151 and which has occurred within the boundaries of

2 such Indian country, unless the governing body of the

3 tribe has made an election that this chapter have effect

4 over land and persons subject to its criminal jurisdiction.’’.

5 (b) TECHNICAL AMENDMENT.—The part analysis for

6 part II of title 18, United States Code, is amended by

7 adding after the item relating to chapter 227 the following

8 new item:

‘‘228. Death penalty procedures ................................................... 3591.’’.

9 SEC. 103. CONFORMING AMENDMENT RELATING TO DE10 STRUCTION OF AIRCRAFT OR AIRCRAFT FA11 CILITIES.

12 Section 34 of title 18, United States Code, is amend13 ed by striking the comma after ‘‘life’’ and all that follows

14 through ‘‘order’’.

15 SEC. 104. CONFORMING AMENDMENT RELATING TO ESPIO16 NAGE.

17 Section 794(a) of title 18, United States Code, is

18 amended by striking the period at the end and inserting

19 ‘‘, except that the sentence of death shall not be imposed

20 unless the jury or, if there is no jury, the court, further

21 finds beyond a reasonable doubt at a hearing under sec22 tion 3593 that the offense directly concerned—

23 ‘‘(1) nuclear weaponry, military spacecraft and

24 satellites, early warning systems, or other means of

25 defense or retaliation against large-scale attack;
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•HR 2217 IH

1 ‘‘(2) war plans;

2 ‘‘(3) communications intelligence or cryp3 tographic information;

4 ‘‘(4) sources or methods of intelligence or coun5 terintelligence operations; or

6 ‘‘(5) any other major weapons system or major

7 element of defense strategy.’’.

8 SEC. 105. CONFORMING AMENDMENT RELATING TO TRANS9 PORTING EXPLOSIVES.

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

11 amended by striking ‘‘as provided in section 34 of this

12 title’’.

13 SEC. 106. CONFORMING AMENDMENT RELATING TO MALI14 CIOUS DESTRUCTION OF FEDERAL PROP15 ERTY BY EXPLOSIVES.

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

17 amended by striking ‘‘as provided in section 34 of this

18 title’’.

19 SEC. 107. CONFORMING AMENDMENT RELATING TO MALI20 CIOUS DESTRUCTION OF INTERSTATE PROP21 ERTY BY EXPLOSIVES.

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

23 amended by striking ‘‘as provided in section 34 of this

24 title’’.
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1 SEC. 108. CONFORMING AMENDMENT RELATING TO MUR2 DER.

3 Section 1111(b) of title 18, United States Code, is

4 amended to read as follows:

5 ‘‘(b) Within the special maritime and territorial juris6 diction of the United States—

7 ‘‘(1) whoever is guilty of murder in the first de8 gree shall be punished by death or by imprisonment

9 for life; and

10 ‘‘(2) whoever is guilty of murder in the second

11 degree shall be imprisoned for any term of years or

12 for life’’.

13 SEC. 109. CONFORMING AMENDMENT RELATING TO KILL14 ING OFFICIAL GUESTS OR INTERNATIONALLY

15 PROTECTED PERSONS.

16 Section 1116(a) of title 18, United States Code, is

17 amended by striking the comma after ‘‘title’’ and all that

18 follows through ‘‘years’’.

19 SEC. 110. MURDER BY FEDERAL PRISONER.

20 (a) OFFENSE.—Chapter 51 of title 18, United States

21 Code, is amended by adding at the end the following new

22 section:

23 ‘‘§ 1118. Murder by a Federal prisoner

24 ‘‘(a) OFFENSE.—Whoever, while confined in a Fed25 eral prison under a sentence for a term of life imprison-
39

•HR 2217 IH

1 ment, murders another shall be punished by death or by

2 life imprisonment without the possibility of release.

3 ‘‘(b) DEFINITIONS.—For purposes of this section—

4 ‘‘(1) ‘Federal prison’ means any Federal correc5 tional, detention, or penal facility, Federal commu6 nity treatment center, or Federal halfway house, or

7 any such prison operated under contract with the

8 Federal Government; and

9 ‘‘(2) ‘term of life imprisonment’ means a sen10 tence for the term of natural life, a sentence com11 muted to natural life, an indeterminate term of a

12 minimum of at least 15 years and a maximum of

13 life, or an unexecuted sentence of death.’’.

14 (b) TECHNICAL AMENDMENT.—The chapter analysis

15 for chapter 51 of title 18, United States Code, is amended

16 by adding at the end the following new item:

‘‘1118. Murder by a Federal prisoner.’’.

17 SEC. 111. CONFORMING AMENDMENT RELATING TO KID18 NAPPING.

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

20 amended by striking the period at the end and inserting

21 ‘‘and, if the death of any person results, shall be punished

22 by death or life imprisonment’’.
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1 SEC. 112. CONFORMING AMENDMENT RELATING TO HOS2 TAGE TAKING.

3 Section 1203(a) of title 18, United States Code, is

4 amended by striking the period at the end and inserting

5 ‘‘and, if the death of any person results, shall be punished

6 by death or life imprisonment’’.

7 SEC. 113. CONFORMING AMENDMENT RELATING TO MAIL8 ABILITY OF INJURIOUS ARTICLES.

9 The last paragraph of section 1716 of title 18, United

10 States Code, is amended by striking the comma after

11 ‘‘life’’ and all that follows through ‘‘order’’.

12 SEC. 114. CONFORMING AMENDMENT RELATING TO PRESI13 DENTIAL ASSASSINATION.

14 Section 1751(c) of title 18, United States Code, is

15 amended to read as follows:

16 ‘‘(c) Whoever attempts to murder or kidnap any indi17 vidual designated in subsection (a) shall be punished—

18 ‘‘(1) by imprisonment for any term of years or

19 for life; or

20 ‘‘(2) if the conduct constitutes an attempt to

21 murder the President of the United States and re22 sults in bodily injury to the President or otherwise

23 comes dangerously close to causing the death of the

24 President, by death or imprisonment for any term of

25 years or for life.’’.
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1 SEC. 115. CONFORMING AMENDMENT RELATING TO MUR2 DER FOR HIRE.

3 Section 1958(a) of title 18, United States Code, is

4 amended by striking ‘‘and if death results, shall be subject

5 to imprisonment for any term of years or for life, or shall

6 be fined not more than $50,000, or both’’ and inserting

7 ‘‘and if death results, shall be punished by death or life

8 imprisonment, or shall be fined in accordance with this

9 title, or both’’.

10 SEC. 116. CONFORMING AMENDMENT RELATING TO VIO11 LENT CRIMES IN AID OF RACKETEERING AC12 TIVITY.

13 Section 1959(a)(1) of title 18, United States Code,

14 is amended to read as follows:

15 ‘‘(1) for murder, by death or life imprisonment,

16 or a fine in accordance with this title, or both, and

17 for kidnapping, by imprisonment for any term of

18 years or for life, or a fine in accordance with this

19 title, or both;’’.

20 SEC. 117. CONFORMING AMENDMENT RELATING TO

21 WRECKING TRAINS.

22 The penultimate paragraph of section 1992 of title

23 18, United States Code, is amended by striking the comma

24 after ‘‘life’’ and all that follows through ‘‘order’’.
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1 SEC. 118. CONFORMING AMENDMENT RELATING TO BANK

2 ROBBERY.

3 Section 2113(e) of title 18, United States Code, is

4 amended by striking ‘‘or punished by death if the verdict

5 of the jury shall so direct’’ and inserting ‘‘or if death re6 sults shall be punished by death or life imprisonment’’.

7 SEC. 119. CONFORMING AMENDMENT RELATING TO TER8 RORIST ACTS.

9 Section 2332(a)(1) of title 18, United States Code,

10 as redesignated by section 601(b)(2), is amended to read

11 as follows:

12 ‘‘(1) if the killing is murder as defined in sec13 tion 1111(a), be fined under this title, punished by

14 death or imprisonment for any term of years or for

15 life, or both;’’.

16 SEC. 120. CONFORMING AMENDMENT RELATING TO AIR17 CRAFT HIJACKING.

18 Section 903 of the Federal Aviation Act of 1958 (49

19 U.S.C. App. 1473) is amended by striking subsection (c).

20 SEC. 121. CONFORMING AMENDMENT TO CONTROLLED

21 SUBSTANCES ACT.

22 Section 408 of the Controlled Substances Act (21

23 U.S.C. 848) is amended by striking subsections (g), (h),

24 (i), (j), (k), (l), (m), (n), (o), (p), (q) (1), (2), and (3),

25 and (r).
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1 SEC. 122. CONFORMING AMENDMENT RELATING TO GENO2 CIDE.

3 Section 1091(b)(1) of title 18, United States Code,

4 is amended by striking ‘‘a fine of not more than

5 $1,000,000 and imprisonment for life’’ and inserting

6 ‘‘death or imprisonment for life and a fine of not more

7 than $1,000,000’’.

8 SEC. 123. PROTECTION OF COURT OFFICERS AND JURORS.

9 Section 1503 of title 18, United States Code, is

10 amended—

11 (1) by inserting ‘‘(a)’’ before ‘‘Whoever’’;

12 (2) in subsection (a), as designated by para13 graph (1)—

14 (A) by striking ‘‘commissioner’’ each place

15 it appears and inserting ‘‘magistrate judge’’;

16 and

17 (B) by striking ‘‘fined not more than

18 $5,000 or imprisoned not more than five years,

19 or both’’ and inserting ‘‘punished as provided in

20 subsection (b)’’; and

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

23 ‘‘(b) The punishment for an offense under this sec24 tion is—

25 ‘‘(1) in the case of a killing, the punishment

26 provided in sections 1111 and 1112;
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1 ‘‘(2) in the case of an attempted killing, or a

2 case in which the offense was committed against a

3 petit juror and in which a class A or B felony was

4 charged, imprisonment for not more than 20 years;

5 and

6 ‘‘(3) in any other case, imprisonment for not

7 more than 10 years.’’.

8 SEC. 124. PROHIBITION OF RETALIATORY KILLINGS OF

9 WITNESSES, VICTIMS, AND INFORMANTS.

10 Section 1513 of title 18, United States Code, is

11 amended—

12 (1) by redesignating subsections (a) and (b) as

13 subsections (b) and (c), respectively; and

14 (2) by inserting before subsection (b), as redes15 ignated by paragraph (1), the following new sub16 section:

17 ‘‘(a)(1) Whoever kills or attempts to kill another per18 son with intent to retaliate against any person for—

19 ‘‘(A) the attendance of a witness or party at an

20 official proceeding, or any testimony given or any

21 record, document, or other object produced by a wit22 ness in an official proceeding; or

23 ‘‘(B) any information relating to the commis24 sion or possible commission of a Federal offense or

25 a violation of conditions of probation, parole, or re-
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1 lease pending judicial proceedings given by a person

2 to a law enforcement officer,

3 shall be punished as provided in paragraph (2).

4 ‘‘(2) The punishment for an offense under this sub5 section is—

6 ‘‘(A) in the case of a killing, the punishment

7 provided in sections 1111 and 1112; and

8 ‘‘(B) in the case of an attempt, imprisonment

9 for not more than 20 years.’’.

10 SEC. 125. DEATH PENALTY FOR MURDER OF FEDERAL LAW

11 ENFORCEMENT OFFICERS.

12 Section 1114 of title 18, United States Code, is

13 amended by striking ‘‘be punished as provided under sec14 tions 1111 and 1112 of this title, except that’’ and insert15 ing ‘‘, in the case of murder (as defined in section 1111),

16 be punished by death or imprisonment for life, and, in the

17 case of manslaughter (as defined in section 1112), be pun18 ished as provided in section 1112, and’’.

19 SEC. 126. DEATH PENALTY FOR MURDER OF STATE OR

20 LOCAL LAW ENFORCEMENT OFFICERS AS21 SISTING FEDERAL LAW ENFORCEMENT OFFI22 CERS.

23 Section 1114 of title 18, United States Code, is

24 amended by inserting ‘‘, or any State or local law enforce25 ment officer while assisting, or on account of his or her
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1 assistance of, any Federal officer or employee covered by

2 this section in the performance of duties,’’ after ‘‘other

3 statutory authority’’.

4 SEC. 127. IMPLEMENTATION OF THE 1988 PROTOCOL FOR

5 THE SUPPRESSION OF UNLAWFUL ACTS OF

6 VIOLENCE AT AIRPORTS SERVING INTER7 NATIONAL CIVIL AVIATION.

8 (a) OFFENSE.—Chapter 2 of title 18, United States

9 Code, is amended by adding at the end the following new

10 section:

11 ‘‘§ 36. Violence at international airports

12 ‘‘(a) Whoever unlawfully and intentionally, using any

13 device, substance or weapon—

14 ‘‘(1) performs an act of violence against a per15 son at an airport serving international civil aviation

16 which causes or is likely to cause serious injury or

17 death; or

18 ‘‘(2) destroys or seriously damages the facilities

19 of an airport serving international civil aviation or a

20 civil aircraft not in service located thereon or dis21 rupts the services of the airport,

22 if such an act endangers or is likely to endanger safety

23 at the airport, or attempts to do such an act, shall be fined

24 under this title, imprisoned not more than 20 years, or

25 both, and if the death of any person results from conduct
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1 prohibited by this subsection, shall be punished by death

2 or imprisoned for any term of years or for life.

3 ‘‘(b) There is jurisdiction over the activity prohibited

4 in subsection (a) if—

5 ‘‘(1) the prohibited activity takes place in the

6 United States; or

7 ‘‘(2) the prohibited activity takes place outside

8 the United States and the offender is later found in

9 the United States.’’.

10 (b) TECHNICAL AMENDMENT.—The chapter analysis

11 for chapter 2 of title 18, United States Code, is amended

12 by adding at the end the following new item:

‘‘36. Violence at international airports.’’.

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

14 this section shall take effect on the later of—

15 (1) the date of enactment of this Act; or

16 (2) the date on which the Protocol for the Sup17 pression of Unlawful Acts of Violence at Airports

18 Serving International Civil Aviation, Supplementary

19 to the Convention for the Suppression of Unlawful

20 Acts Against the Safety of Civil Aviation, done at

21 Montreal on 23 September 1971, has come into

22 force and the United States has become a party to

23 the Protocol.
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1 SEC. 128. AMENDMENT TO FEDERAL AVIATION ACT.

2 Section 902(n) of the Federal Aviation Act of 1958

3 (49 U.S.C. App. 1472(n)) is amended—

4 (1) by striking paragraph (3); and

5 (2) by redesignating paragraph (4) as para6 graph (3).

7 SEC. 129. OFFENSES OF VIOLENCE AGAINST MARITIME

8 NAVIGATION OR FIXED PLATFORMS.

9 (a) OFFENSE.—Chapter 111 of title 18, United

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

12 ‘‘§ 2280. Violence against maritime navigation

13 ‘‘(a) OFFENSE.—Whoever unlawfully and inten14 tionally—

15 ‘‘(1) seizes or exercises control over a ship by

16 force or threat thereof or any other form of intimi17 dation;

18 ‘‘(2) performs an act of violence against a per19 son on board a ship if that act is likely to endanger

20 the safe navigation of that ship;

21 ‘‘(3) destroys a ship or causes damage to a ship

22 or to its cargo which is likely to endanger the safe

23 navigation of that ship;

24 ‘‘(4) places or causes to be placed on a ship, by

25 any means whatsoever, a device or substance which

26 is likely to destroy that ship, or cause damage to
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1 that ship or its cargo which endangers or is likely

2 to endanger the safe navigation of that ship;

3 ‘‘(5) destroys or seriously damages maritime

4 navigational facilities or seriously interferes with

5 their operation, if such act is likely to endanger the

6 safe navigation of a ship;

7 ‘‘(6) communicates information, knowing the

8 information to be false and under circumstances in

9 which such information may reasonably be believed,

10 thereby endangering the safe navigation of a ship;

11 ‘‘(7) injures or kills any person in connection

12 with the commission or the attempted commission of

13 an offense described in paragraph (1), (2), (3), (4),

14 (5), or (6); or

15 ‘‘(8) attempts to commit any act prohibited

16 under paragraph (1), (2), (3), (4), (5), (6), or (7),

17 shall be fined under this title, imprisoned not more than

18 20 years, or both, and if the death of any person results

19 from conduct prohibited by this subsection, shall be pun20 ished by death or imprisoned for any term of years or for

21 life.

22 ‘‘(b) THREATENED OFFENSE.—Whoever threatens to

23 commit any act prohibited under subsection (a) (2), (3),

24 or (5), with apparent determination and will to carry the

25 threat into execution, if the threatened act is likely to en-
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1 danger the safe navigation of the ship in question, shall

2 be fined under this title, imprisoned not more than 5

3 years, or both.

4 ‘‘(c) JURISDICTION.—There is jurisdiction over the

5 activity prohibited in subsections (a) and (b)—

6 ‘‘(1) in the case of a covered ship, if—

7 ‘‘(A) such activity is committed—

8 ‘‘(i) against or on board a ship flying

9 the flag of the United States at the time

10 the prohibited activity is committed;

11 ‘‘(ii) in the United States; or

12 ‘‘(iii) by a national of the United

13 States or by a stateless person whose ha14 bitual residence is in the United States;

15 ‘‘(B) during the commission of such activ16 ity, a national of the United States is seized,

17 threatened, injured, or killed; or

18 ‘‘(C) the offender is later found in the

19 United States after such activity is committed;

20 ‘‘(2) in the case of a ship navigating or sched21 uled to navigate solely within the territorial sea or

22 internal waters of a country other than the United

23 States, if the offender is later found in the United

24 States after such activity is committed; and
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1 ‘‘(3) in the case of any vessel, if such activity

2 is committed in an attempt to compel the United

3 States to do or abstain from doing any act.

4 ‘‘(d) DELIVERY OF PROBABLE OFFENDER.—The

5 master of a covered ship flying the flag of the United

6 States who has reasonable grounds to believe that he or

7 she has on board the ship any person who has committed

8 an offense under Article 3 of the Convention for the Sup9 pression of Unlawful Acts Against the Safety of Maritime

10 Navigation may deliver such person to the authorities of

11 a State Party to that Convention. Before delivering such

12 person to the authorities of another country, the master

13 shall notify in an appropriate manner the Attorney Gen14 eral of the United States of the alleged offense and await

15 instructions from the Attorney General as to what action

16 the master should take. When delivering the person to a

17 country which is a State Party to the Convention, the mas18 ter shall, whenever practicable, and if possible before en19 tering the territorial sea of such country, notify the au20 thorities of such country of his or her intention to deliver

21 such person and the reason therefor. If the master delivers

22 such person, the master shall furnish the authorities of

23 such country with the evidence in the master’s possession

24 that pertains to the alleged offense.

25 ‘‘(e) DEFINITIONS.—As used in this section—
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1 ‘‘(1) ‘ship’ means a vessel of any type whatso2 ever not permanently attached to the seabed, includ3 ing dynamically supported craft, submersibles or any

4 other floating craft, but does not include a warship,

5 a ship owned or operated by a government when

6 being used as a naval auxiliary or for customs or po7 lice purposes, or a ship that has been withdrawn

8 from navigation or laid up;

9 ‘‘(2) ‘covered ship’ means a ship that is navi10 gating or is scheduled to navigate into, through, or

11 from waters beyond the outer limit of the territorial

12 sea of a single country or a lateral limit of that

13 country’s territorial sea with an adjacent country;

14 ‘‘(3) ‘national of the United States’ has the

15 meaning stated in section 101(a)(22) of the Immi16 gration and Nationality Act (8 U.S.C. 1101(a)(22));

17 ‘‘(4) ‘territorial sea of the United States’ means

18 all waters extending seaward to 12 nautical miles

19 from the baselines of the United States determined

20 in accordance with international law; and

21 ‘‘(5) ‘United States’, when used in a geographi22 cal sense, includes the Commonwealth of Puerto

23 Rico, the Commonwealth of the Northern Marianas

24 Islands, and all territories and possessions of the

25 United States.
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1 ‘‘§ 2281. Violence against maritime fixed platforms

2 ‘‘(a) OFFENSE.—Whoever unlawfully and inten3 tionally—

4 ‘‘(1) seizes or exercises control over a fixed

5 platform by force or threat thereof or any other

6 form of intimidation;

7 ‘‘(2) performs an act of violence against a per8 son on board a fixed platform if that act is likely to

9 endanger its safety;

10 ‘‘(3) destroys a fixed platform or causes dam11 age to it which is likely to endanger its safety;

12 ‘‘(4) places or causes to be placed on a fixed

13 platform, by any means whatsoever, a device or sub14 stance that is likely to destroy the fixed platform or

15 likely to endanger its safety;

16 ‘‘(5) injures or kills any person in connection

17 with the commission or attempted commission of an

18 offense described in paragraph (1), (2), (3), or (4);

19 or

20 ‘‘(6) attempts to do anything prohibited under

21 paragraphs (1), (2), (3), (4), or (5);

22 shall be fined under this title, imprisoned not more than

23 20 years, or both, and if death results to any person from

24 conduct prohibited by this subsection, shall be punished

25 by death or imprisoned for any term of years or for life.
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1 ‘‘(b) THREATENED OFFENSE.—Whoever threatens to

2 do anything prohibited under subsection (a) (2) or (3),

3 with apparent determination and will to carry the threat

4 into execution, if the threatened act is likely to endanger

5 the safety of the fixed platform, shall be fined under this

6 title or imprisoned not more than 5 years, or both.

7 ‘‘(c) JURISDICTION.—There is jurisdiction over the

8 activity prohibited in subsections (a) and (b) if—

9 ‘‘(1) such activity is committed against or on

10 board a fixed platform—

11 ‘‘(A) that is located on the continental

12 shelf of the United States;

13 ‘‘(B) that is located on the continental

14 shelf of another country, by a national of the

15 United States or by a stateless person whose

16 habitual residence is in the United States; or

17 ‘‘(C) in an attempt to compel the United

18 States to do or abstain from doing any act;

19 ‘‘(2) during the commission of such activity

20 against or on board a fixed platform located on a

21 continental shelf, a national of the United States is

22 seized, threatened, injured or killed; or

23 ‘‘(3) such activity is committed against or on

24 board a fixed platform located outside the United

25 States and beyond the continental shelf of the Unit-
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1 ed States and the offender is later found in the

2 United States.

3 ‘‘(d) DEFINITIONS.—As used in this section—

4 ‘‘(1) ‘continental shelf’ means the seabed and

5 subsoil of the submarine areas that extend beyond a

6 country’s territorial sea to the limits provided by

7 customary international law as reflected in Article

8 76 of the 1982 Convention on the Law of the Sea;

9 ‘‘(2) ‘fixed platform’ means an artificial island,

10 installation or structure permanently attached to the

11 seabed for the purpose of exploration or exploitation

12 of resources or for other economic purposes;

13 ‘‘(3) ‘national of the United States’ has the

14 meaning stated in section 101(a)(22) of the Immi15 gration and Nationality Act (8 U.S.C. 1101(a)(22));

16 ‘‘(4) ‘territorial sea of the United States’ means

17 all waters extending seaward to 12 nautical miles

18 from the baselines of the United States determined

19 in accordance with international law; and

20 ‘‘(5) ‘United States’, when used in a geographi21 cal sense, includes the Commonwealth of Puerto

22 Rico, the Commonwealth of the Northern Marianas

23 Islands, and all territories and possessions of the

24 United States.’’.
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1 (b) TECHNICAL AMENDMENT.—The chapter analysis

2 for chapter 111 of title 18, United States Code, is amend3 ed by adding at the end the following new items:

‘‘2280. Violence against maritime navigation.

‘‘2281. Violence against maritime fixed platforms.’’.

4 (c) EFFECTIVE DATES.—The amendments made by

5 this section shall take effect on the later of—

6 (1) the date of enactment of this Act; or

7 (2)(A) in the case of section 2280 of title 18,

8 United States Code, the date on which the Conven9 tion for the Suppression of Unlawful Acts Against

10 the Safety of Maritime Navigation has come into

11 force and the United States has become a party to

12 that Convention; and

13 (B) in the case of section 2281 of title 18,

14 United States Code, the date on which the Protocol

15 for the Suppression of Unlawful Acts Against the

16 Safety of Fixed Platforms Located on the Continen17 tal Shelf has come into force and the United States

18 has become a party to that Protocol.

19 SEC. 130. TORTURE.

20 (a) IN GENERAL.—Part I of title 18, United States

21 Code, is amended by inserting after chapter 113A the fol22 lowing new chapter:

23 ‘‘CHAPTER 113B—TORTURE

‘‘Sec.

‘‘2340. Definitions.
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‘‘2340A. Torture.

‘‘2340B. Exclusive remedies.

1 ‘‘§ 2340. Definitions

2 ‘‘As used in this chapter—

3 ‘‘(1) ‘torture’ means an act committed by a per4 son acting under the color of law specifically in5 tended to inflict severe physical or mental pain or

6 suffering (other than pain or suffering incidental to

7 lawful sanctions) upon another person within his

8 custody or physical control;

9 ‘‘(2) ‘severe mental pain or suffering’ means

10 the prolonged mental harm caused by or resulting

11 from—

12 ‘‘(A) the intentional infliction or threat13 ened infliction of severe physical pain or suffer14 ing;

15 ‘‘(B) the administration or application, or

16 threatened administration or application, of

17 mind-altering substances or other procedures

18 calculated to disrupt profoundly the senses or

19 the personality;

20 ‘‘(C) the threat of imminent death; or

21 ‘‘(D) the threat that another person will

22 imminently be subjected to death, severe phys23 ical pain or suffering, or the administration or

24 application of mind-altering substances or other
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1 procedures calculated to disrupt profoundly the

2 senses or personality; and

3 ‘‘(3) ‘United States’ includes all areas under

4 the jurisdiction of the United States including any

5 of the places described in sections 5 and 7 of this

6 title and section 101(38) of the Federal Aviation Act

7 of 1958 (49 U.S.C. App. 1301(38)).

8 ‘‘§ 2340A. Torture

9 ‘‘(a) OFFENSE.—Whoever outside the United States

10 commits or attempts to commit torture shall be fined

11 under this title or imprisoned not more than 20 years, or

12 both, and if death results to any person from conduct pro13 hibited by this subsection, shall be punished by death or

14 imprisoned for any term of years or for life.

15 ‘‘(b) JURISDICTION.—There is jurisdiction over the

16 activity prohibited in subsection (a) if—

17 ‘‘(1) the alleged offender is a national of the

18 United States; or

19 ‘‘(2) the alleged offender is present in the Unit20 ed States, irrespective of the nationality of the vic21 tim or the alleged offender.

22 ‘‘§ 2340B. Exclusive remedies

23 ‘‘Nothing in this chapter shall be construed as pre24 cluding the application of State or local laws on the same

25 subject, nor shall anything in this chapter be construed
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1 as creating any substantive or procedural right enforceable

2 by law by any party in any civil proceeding.’’.

3 (b) TECHNICAL AMENDMENT.—The part analysis for

4 part I of title 18, United States Code, is amended by in5 serting after the item relating to chapter 113A the follow6 ing new item:

‘‘113B. Torture ..................................................................................... 2340.’’.

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

8 this section shall take effect on the later of—

9 (1) the date of enactment of this Act; or

10 (2) the date on which the United States has be11 come a party to the Convention Against Torture and

12 Other Cruel, Inhuman or Degrading Treatment or

13 Punishment.

14 SEC. 131. WEAPONS OF MASS DESTRUCTION.

15 (a) FINDINGS.—The Congress finds that the use and

16 threatened use of weapons of mass destruction (as defined

17 in the amendment made by subsection (b)) gravely harm

18 the national security and foreign relations interests of the

19 United States, seriously affect interstate and foreign com20 merce, and disturb the domestic tranquility of the United

21 States.

22 (b) OFFENSE.—Chapter 113A of title 18, United

23 States Code, as amended by section 601(b), is amended

24 by adding at the end the following new section:
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1 ‘‘§ 2339A. Use of weapons of mass destruction

2 ‘‘(a) OFFENSE.—Whoever uses, or attempts or con3 spires to use, a weapon of mass destruction—

4 ‘‘(1) against a national of the United States

5 while such national is outside of the United States;

6 ‘‘(2) against any person within the United

7 States; or

8 ‘‘(3) against any property that is owned, leased,

9 or used by the United States or by any department

10 or agency of the United States, whether the property

11 is within or outside the United States,

12 shall be imprisoned for any term of years or for life, and

13 if death results, shall be punished by death or imprisoned

14 for any term of years or for life.

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

16 ‘‘(1) ‘national of the United States’ has the

17 meaning stated in section 101(a)(22) of the Immi18 gration and Nationality Act (8 U.S.C. 1101(a)(22));

19 and

20 ‘‘(2) ‘weapon of mass destruction’ means—

21 ‘‘(A) a destructive device (as defined in

22 section 921);

23 ‘‘(B) poison gas;

24 ‘‘(C) a weapon involving a disease orga25 nism; and
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1 ‘‘(D) a weapon that is designed to release

2 radiation or radioactivity at a level dangerous

3 to human life.’’.

4 (c) TECHNICAL AMENDMENT.—The chapter analysis

5 for chapter 113A of title 18, United States Code, as

6 amended by section 601(c), is amended by adding at the

7 end the following new item:

‘‘2339A. Use of weapons of mass destruction.’’.

8 SEC. 132. HOMICIDES AND ATTEMPTED HOMICIDES IN9 VOLVING FIREARMS IN FEDERAL FACILITIES.

10 Section 930 of title 18, United States Code, is

11 amended—

12 (1) by redesignating subsections (c), (d), (e),

13 (f), and (g) as subsections (d), (e), (f), (g), and (h),

14 respectively;

15 (2) in subsection (a), by striking ‘‘(c)’’ and in16 serting ‘‘(d)’’; and

17 (3) by inserting after subsection (b) the follow18 ing new subsection:

19 ‘‘(c) Whoever kills or attempts to kill any person in

20 the course of a violation of subsection (a) or (b), or in

21 the course of an attack on a Federal facility involving the

22 use of a firearm or other dangerous weapon, shall—

23 ‘‘(1) in the case of a killing constituting murder

24 (as defined in section 1111(a)), be punished by
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1 death or imprisoned for any term of years or for life;

2 and

3 ‘‘(2) in the case of any other killing or an at4 tempted killing, be subject to the penalties provided

5 for engaging in such conduct within the special mar6 itime and territorial jurisdiction of the United States

7 under sections 1112 and 1113.’’.

8 SEC. 133. DEATH PENALTY FOR CIVIL RIGHTS MURDERS.

9 (a) CONSPIRACY AGAINST RIGHTS.—Section 241 of

10 title 18, United States Code, is amended by striking ‘‘shall

11 be subject to imprisonment for any term of years or for

12 life’’ and inserting ‘‘shall be punished by death or impris13 onment for any term of years or for life’’.

14 (b) DEPRIVATION OF RIGHTS UNDER COLOR OF

15 LAW.—Section 242 of title 18, United States Code, is

16 amended by striking ‘‘shall be subject to imprisonment for

17 any term of years or for life’’ and inserting ‘‘shall be pun18 ished by death or imprisonment for any term of years or

19 for life’’.

20 (c) FEDERALLY PROTECTED ACTIVITIES.—Section

21 245(b) of title 18, United States Code, is amended by

22 striking ‘‘shall be subject to imprisonment for any term

23 of years or for life’’ and inserting ‘‘shall be punished by

24 death or imprisonment for any term of years or for life’’.
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1 (d) DAMAGE TO RELIGIOUS PROPERTY; OBSTRUC2 TION OF THE FREE EXERCISE OF RELIGIOUS RIGHTS.—

3 Section 247(c)(1) of title 18, United States Code, is

4 amended by inserting ‘‘the death penalty or’’ before ‘‘im5 prisonment’’.

6 SEC. 134. DEATH PENALTY FOR MURDER OF FEDERAL WIT7 NESSES.

8 Section 1512(a)(2)(A) of title 18, United States

9 Code, is amended to read as follows:

10 ‘‘(A) in the case of murder (as defined in sec11 tion 1111), the death penalty or imprisonment for

12 life, and in the case of any other killing, the punish13 ment provided in section 1112;’’.

14 SEC. 135. DRIVE-BY SHOOTINGS.

15 (a) OFFENSE.—Chapter 44 of title 18, United States

16 Code, is amended by adding at the end the following new

17 section:

18 ‘‘§ 931. Drive-by shootings

19 ‘‘(a) OFFENSE.—Whoever knowingly discharges a

20 firearm at a person—

21 ‘‘(1) in the course of or in furtherance of drug

22 trafficking activity; or

23 ‘‘(2) from a motor vehicle,
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1 shall be punished by imprisonment for not more than 25

2 years, and if death results shall be punished by death or

3 by imprisonment for any term of years or for life.

4 ‘‘(b) DEFINITION.—As used in this section, the term

5 ‘drug trafficking activity’ means a drug trafficking crime

6 (as defined in section 929(a)(2)), or a pattern or series

7 of acts involving one or more drug trafficking crimes.’’.

8 (b) TECHNICAL AMENDMENT.—The chapter analysis

9 for chapter 44 of title 18, United States Code, is amended

10 by adding at the end the following new item:

‘‘931. Drive-by shootings.’’.

11 SEC. 136. DEATH PENALTY FOR GUN MURDERS DURING

12 FEDERAL CRIMES OF VIOLENCE AND DRUG

13 TRAFFICKING CRIMES.

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

15 amended by adding at the end the following new sub16 section:

17 ‘‘(i) Whoever, in the course of a violation of sub18 section (c), causes the death of a person through the use

19 of a firearm, shall—

20 ‘‘(1) if the killing is a murder (as defined in

21 section 1111), be punished by death or by imprison22 ment for any term of years or for life; and

23 ‘‘(2) if the killing is manslaughter (as defined

24 in section 1112), be punished as provided in section

25 1112.’’.
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1 SEC. 137. DEATH PENALTY FOR RAPE AND CHILD MOLES2 TATION MURDERS.

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

4 States Code, is amended—

5 (1) by redesignating section 2245 as section

6 2246; and

7 (2) by inserting after section 2244 the following

8 new section:

9 ‘‘§ 2245. Sexual abuse resulting in death

10 ‘‘Whoever, in the course of an offense under this

11 chapter, engages in conduct that results in the death of

12 a person, shall be punished by death or imprisoned for

13 any term of years or for life.’’.

14 (b) TECHNICAL AMENDMENT.—The chapter analysis

15 for chapter 109A of title 18, United States Code, is

16 amended by striking the item relating to section 2245 and

17 inserting the following:

‘‘2245. Sexual abuse resulting in death.

‘‘2246. Definitions for chapter.’’.

18 SEC. 138. PROTECTION OF JURORS AND WITNESSES IN

19 CAPITAL CASES.

20 Section 3432 of title 18, United States Code, is

21 amended by striking the period and inserting: ‘‘, except

22 that the list of the veniremen and witnesses need not be

23 furnished if the court finds by a preponderance of the evi-
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1 dence that providing the list may jeopardize the life or

2 safety of any person.’’.

3 SEC. 139. INAPPLICABILITY TO UNIFORM CODE OF MILI4 TARY JUSTICE.

5 The provisions of chapter 228 of title 18, United

6 States Code, as added by this Act, shall not apply to pros7 ecutions under the Uniform Code of Military Justice (10

8 U.S.C. 801 et seq.).

9 SEC. 140. DEATH PENALTY FOR CAUSING DEATH IN THE

10 SEXUAL EXPLOITATION OF CHILDREN.

11 Section 2251(d) of title 18, United States Code, is

12 amended by adding at the end the following new sentence:

13 ‘‘Whoever, in the course of an offense under this section,

14 engages in conduct that results in the death of a person,

15 shall be punished by death or imprisoned for any term

16 of years or for life.’’.

17 SEC. 141. MURDER BY ESCAPED PRISONERS.

18 (a) OFFENSE.—Chapter 51 of title 18, United States

19 Code, as amended by section 110, is amended by adding

20 at the end the following new section:

21 ‘‘§ 1119. Murder by escaped prisoners

22 ‘‘(a) OFFENSE.—A person who, having escaped from

23 a Federal prison where the person was confined under a

24 sentence for a term of life imprisonment, kills another per-
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1 son, shall be punished as provided in sections 1111 and

2 1112.

3 ‘‘(b) DEFINITION.—As used in this section, the terms

4 ‘Federal prison’ and ‘term of life imprisonment’ have the

5 meanings stated in section 1118.’’.

6 (b) TECHNICAL AMENDMENT.—The chapter analysis

7 for chapter 51 of title 18, United States Code, is amended

8 by adding at the end the following new item:

‘‘1119. Murder by escaped prisoners.’’.

9 SEC. 142. DEATH PENALTY FOR MURDERS IN THE DISTRICT

10 OF COLUMBIA.

11 Title 18 of the United States Code is amended—

12 (a) by adding the following new section at the

13 end of chapter 51:

14 ‘‘§ 1118. Capital punishment for murders in the Dis15 trict of Columbia

16 ‘‘(a) OFFENSE.— It is an offense to cause the death

17 of a person intentionally, knowingly, or through reckless18 ness manifesting extreme indifference to human life, or

19 to cause the death of a person through the intentional in20 fliction of serious bodily injury.

21 ‘‘(b) FEDERAL JURISDICTION.—There is a federal ju22 risdiction over an offense described in this section if the

23 conduct resulting in death occurs in the District of Colum24 bia.
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1 ‘‘(c) PENALTY.—An offense described in this section

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

3 for an offense described in this section as provided in sub4 sections (d)–(1).

5 ‘‘(d) MITIGATING FACTORS.—In determining wheth6 er to recommend a sentence of death, the jury shall con7 sider whether any aspect of the defendant’s character,

8 background, or record or any circumstance of the offense

9 that the defendant may proffer as a mitigating factor ex10 ists, including the following factors:

11 ‘‘(1) MENTAL CAPACITY.—The defendant’s

12 mental capacity to appreciate the wrongfulness of

13 his conduct or to conform his conduct to the require14 ments of law was significantly impaired.

15 ‘‘(2) DURESS.—The defendant was under un16 usual and substantial duress.

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

18 defendant is punishable as a principal (pursuant to

19 section 2 of this title) in the offense, which was com20 mitted by another, but the defendant’s participation

21 was relatively minor.

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

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

24 consider any aggravating factor for which notice has been
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1 provided under subsection (f), including the following fac2 tors—

3 ‘‘(1) KILLING IN FURTHERANCE OF DRUG

4 TRAFFICKING.—The defendant engaged in the con5 duct resulting in death in the course of or in fur6 therance of drug trafficking activity.

7 ‘‘(2) KILLING IN THE COURSE OF OTHER SERI8 OUS VIOLENT CRIMES.—The defendant engaged in

9 the conduct resulting in death in the course of com10 mitting or attempting to commit an offense involving

11 robbery, burglary, sexual abuse, kidnaping, or arson.

12 ‘‘(3) MULTIPLE KILLINGS OR ENDANGERMENT

13 OF OTHERS.—The defendant committed more than

14 one offense under this section, or in committing the

15 offense knowingly created a grave risk of death to

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

17 offense.

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

19 in relation to the commission of the offense, the de20 fendant used or possessed a firearm as defined in

21 section 921 of this title.

22 ‘‘(5) PREVIOUS CONVICTION OF VIOLENT FEL23 ONY.—The defendant has previously been convicted

24 of an offense punishable by a term of imprisonment

25 of more than one year that involved the use or at-
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1 tempted or threatened use of force against a person

2 or that involved sexual abuse.

3 (6) KILLING WHILE INCARCERATED OR UNDER

4 SUPERVISION.—The defendant at the time of the of5 fense was confined in or had escaped from a jail,

6 prison, or other correctional or detention facility,

7 was on pre-trial release, or was on probation, parole,

8 supervised release, or other post-conviction condi9 tional release.

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

11 OF COMMISSION.—The defendant committed the of12 fense in an especially heinous, cruel, or depraved

13 manner in that it involved torture or serious physical

14 abuse to the victim.

15 ‘‘(8) PROCUREMENT OF THE OFFENSE BY PAY16 MENT.—The defendant procured the commission of

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

18 anything of pecuniary value.

19 ‘‘(9) COMMISSION OF THE OFFENSE FOR PECU20 NIARY GAIN.—The defendant committed the offense

21 as consideration for receiving, or in the expectation

22 of receiving or obtaining, anything of pecuniary

23 value.
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1 ‘‘(10) SUBSTANTIAL PLANNING AND

2 PREMEDITATION.—The defendant committed the of3 fense after substantial planning and premeditation.

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

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

6 infirmity.

7 ‘‘(12) KILLING OF PUBLIC SERVANT.—The de8 fendant committed the offense against a public serv9 ant—

10 ‘‘(i) while such public servant was engaged

11 in the performance of his or her official duties;

12 ‘‘(ii) because of the performance of such

13 public servant’s official duties; or

14 ‘‘(iii) because of such public servant’s sta15 tus as a public servant.

16 ‘‘(13) KILLING TO INTERFERE WITH OR RE17 TALIATE AGAINST WITNESS.—The defendant com18 mitted the offense in order to prevent or inhibit any

19 person from testifying or providing information con20 cerning an offense, or to retaliate against any person

21 for testifying or providing such information.

22 ‘‘(f) NOTICE OF INTENT TO SEEK DEATH PEN23 ALTY.—If the government intends to seek the death pen24 alty for an offense under this section, the attorney for the

25 government shall file with the court and serve on the de-
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1 fendant a notice of such intent. The notice shall be pro2 vided a reasonable time before the trial or acceptance of

3 a guilty plea, or at such later time as the court may permit

4 for good cause. The notice shall set forth the aggravating

5 factor or factors set forth in subsection (e) and any other

6 aggravating factor or factors that the government will seek

7 to prove as the basis for the death penalty. The factors

8 for which notice is provided under this subsection may in9 clude factors concerning the effect of the offense on the

10 victim and the victim’s family. The court may permit the

11 attorney for the government to amend the notice upon a

12 showing of good cause.

13 ‘‘(g) JUDGE AND JURY AT CAPITAL SENTENCING

14 HEARING.—A hearing to determine whether the death

15 penalty will be imposed for an offense under this section

16 shall be conducted by the judge who presided at trial or

17 accepted a guilty plea, or by another judge if that judge

18 is not available. The hearing shall be conducted before the

19 jury that determined the defendant’s guilt if that jury is

20 available. A new jury shall be impaneled for the purpose

21 of the hearing if the defendant pleaded guilty, the trial

22 of guilt was conducted without a jury, the jury that deter23 mined the defendant’s guilt was discharged for good

24 cause, or reconsideration of the sentence is necessary after

25 the initial imposition of a sentence of death. A jury
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1 impaneled under this subsection shall have twelve mem2 bers unless the parties stipulate to a lesser number at any

3 time before the conclusion of the hearing with the approval

4 of the judge. Upon motion of the defendant, with the ap5 proval of the attorney for the government, the hearing

6 shall be carried out before the judge without a jury. If

7 there is no jury, references to ‘‘the jury’’ in this section,

8 where applicable, shall be understood as referring to the

9 judge.

10 ‘‘(h) PROOF OF MITIGATING AND AGGRAVATING

11 FACTORS.—No presentence report shall be prepared if a

12 capital sentencing hearing is held under this section. Any

13 information relevant to the existence of mitigating factors,

14 or to the existence of aggravating factors for which notice

15 has been provided under subsection (f), may be presented

16 by either the government or the defendant, regardless of

17 its admissibility under the rules governing the admission

18 of evidence at criminal trials, except that information may

19 be excluded if its probative value is outweighed by the dan20 ger of creating unfair prejudice, confusing the issues, or

21 misleading the jury. The information presented may in22 clude trial transcripts and exhibits. The attorney for the

23 government and for the defendant shall be permitted to

24 rebut any information received at the hearing, and shall

25 be given fair opportunity to present argument as to the
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1 adequacy of the information to establish the existence of

2 any aggravating or mitigating factor, and as to the appro3 priateness in that case of imposing a sentence of death.

4 The attorney for the government shall open the argument,

5 the defendant shall be permitted to reply, and the govern6 ment shall then be permitted to reply in rebuttal.

7 ‘‘(i) FINDINGS OF AGGRAVATING AND MITIGATING

8 FACTORS.—The jury shall return special findings identify9 ing any aggravating factor or factors for which notice has

10 been provided under subsection (f) and which the jury

11 unanimously determines have been established by the gov12 ernment beyond a reasonable doubt. A mitigating factor

13 is established if the defendant has proven its existence by

14 a preponderance of the evidence, and any member of the

15 jury who finds the existence of such a factor may regard

16 it as established for purposes of this section regardless of

17 the number of jurors who concur that the factor has been

18 established.

19 ‘‘(j) FINDING CONCERNING A SENTENCE OF

20 DEATH.—If the jury specially finds under subsection (i)

21 that one or more aggravating factors set forth in sub22 section (e) exist, and the jury further finds unanimously

23 that there are no mitigating factors or that the aggravat24 ing factor or factors specially found under subsection (i)

25 outweigh any mitigating factors, then the jury shall rec-
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1 ommend a sentence of death. In any other case, the jury

2 shall not recommend a sentence of death. The jury shall

3 be instructed that it must avoid any influence of sym4 pathy, sentiment, passion, prejudice, or other arbitrary

5 factors in its decision, and should make such a rec6 ommendation as the information warrants.

7 ‘‘(k) SPECIAL PRECAUTION TO ASSURE AGAINST

8 DISCRIMINATION.—In a hearing held before a jury, the

9 court, before the return of a finding under subsection (j),

10 shall instruct the jury that, in considering whether to rec11 ommend a sentence of death, it shall not consider the race,

12 color, religion, national origin, or sex of the defendant or

13 any victim, and that the jury is not to recommend a sen14 tence of death unless it has concluded that it would rec15 ommend a sentence of death for such a crime regardless

16 of the race, color, religion, national origin, or sex of the

17 defendant or any victim. The jury, upon the return of a

18 finding under subsection (j), shall also return to the court

19 a certificate, signed by each juror, that the race, color,

20 religion, national origin, or sex of the defendant or any

21 victim did not affect the juror’s individual decision and

22 that the individual juror would have recommended the

23 same sentence for such a crime regardless of the race,

24 color, religion, national origin, or sex of the defendant or

25 any victim.
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1 ‘‘(l) IMPOSITION OF A SENTENCE OF DEATH.—Upon

2 a recommendation under subsection (j) that a sentence of

3 death be imposed, the court shall sentence the defendant

4 to death. Otherwise the court shall impose a sentence,

5 other than death, authorized by law.

6 ‘‘(m) REVIEW OF A SENTENCE OF DEATH.—

7 ‘‘(1) The defendant may appeal a sentence of

8 death under this section by filing a notice of appeal

9 of the sentence within the time provided for filing a

10 notice of appeal of the judgment of conviction. An

11 appeal of a sentence under this subsection may be

12 consolidated within an appeal of the judgment of

13 conviction and shall have priority over all noncapital

14 matters in the court of appeals.

15 ‘‘(2) The court of appeals shall review the en16 tire record in the case including the evidence submit17 ted at trial and information submitted during the

18 sentencing hearing, the procedures employed in the

19 sentencing hearing, and the special findings returned

20 under subsection (i). The court of appeals shall up21 hold the sentence if it determines that the sentence

22 of death was not imposed under the influence of pas23 sion, prejudice, or any other arbitrary factor, that

24 the evidence and information support the special

25 findings under subsection (i), and that the proceed-
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1 ings were otherwise free of prejudicial error that was

2 properly preserved for review.

3 ‘‘(3) In any other case, the court of appeals

4 shall remand the case for reconsideration of the sen5 tence or imposition of another authorized sentence

6 as appropriate, except that the court shall not re7 verse a sentence of death on the ground that an ag8 gravating factor was invalid or was not supported by

9 the evidence and information if at least one aggra10 vating factor described in subsection (e) remains

11 which was found to exist and the court, on the basis

12 of the evidence submitted at trial and the informa13 tion submitted at the sentencing hearing, finds that

14 the remaining aggravating factor or factors which

15 were found to exist outweigh any mitigating factors.

16 The court of appeals shall state in writing the rea17 sons for its disposition of an appeal of a sentence of

18 death under this section.

19 ‘‘(n) IMPLEMENTATION OF SENTENCE OF DEATH.—

20 A person sentenced to death under this section shall be

21 committed to the custody of the Attorney General until

22 exhaustion of the procedures for appeal of the judgment

23 of conviction and review of the sentence. When the sen24 tence is to be implemented, the Attorney General shall re25 lease the person sentenced to death to the custody of a
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1 United States Marshal. The Marshal shall supervise im2 plementation of the sentence in the manner prescribed by

3 the law of a State designated by the court. The Marshal

4 may use State or local facilities, may use the services of

5 an appropriate State or local official or of a person such

6 an official employs, and shall pay the costs thereof in an

7 amount approved by the Attorney General.

8 ‘‘(o) SPECIAL BAR TO EXECUTION.—A sentence of

9 death shall not be carried out upon a woman while she

10 is pregnant.

11 ‘‘(p) CONSCIENTIOUS OBJECTION TO PARTICIPATION

12 IN EXECUTION.—No employee of any State department

13 of corrections, the United States Marshals Service, or the

14 Federal Bureau of Prisons, and no person providing serv15 ices to that department, service, or bureau under contract

16 shall be required, as a condition of that employment or

17 contractual obligation, to be in attendance at or to partici18 pate in any execution carried out under this section if such

19 participation is contrary to the moral or religious convic20 tions of the employee. For purposes of this subsection, the

21 term ‘participate in any execution’ includes personal prep22 aration of the condemned individual and the apparatus

23 used for the execution, and supervision of the activities

24 of other personnel in carrying out such activities.
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1 ‘‘(q) APPOINTMENT OF COUNSEL FOR INDIGENT

2 CAPITAL DEFENDANTS.—A defendant against whom a

3 sentence of death is sought, or on whom a sentence of

4 death has been imposed, under this section, shall be enti5 tled to appointment of counsel from the commencement

6 of trial proceedings until one of the conditions specified

7 in subsection (v) has occurred, if the defendant is or be8 comes financially unable to obtain adequate representa9 tion. Counsel shall be appointed for trial representation

10 as provided in section 3005 of this title, and at least one

11 counsel so appointed shall continue to represent the de12 fendant until the conclusion of direct review of the judg13 ment, unless replaced by the court with other qualified

14 counsel. Except as otherwise provided in this section, the

15 provisions of section 3006A of this title shall apply to ap16 pointments under this section.

17 ‘‘(r) REPRESENTATION AFTER FINALITY OF JUDG18 MENT.—When a judgment imposing a sentence of death

19 under this section has become final through affirmance by

20 the Supreme Court on direct review, denial of certiorari

21 by the Supreme Court on direct review, or expiration of

22 the time for seeking direct review in the court of appeals

23 or the Supreme Court, the government shall promptly no24 tify the court that imposed the sentence. The court, within

25 10 days of receipt of such notice, shall proceed to make
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1 determination whether the defendant is eligible for ap2 pointment of counsel for subsequent proceedings. The

3 court shall issue an order appointing one or more counsel

4 to represent the defendant upon a finding that the defend5 ant is financially unable to obtain adequate representation

6 and wishes to have counsel appointed or is unable com7 petently to decide whether to accept or reject appointment

8 of counsel. The court shall issue an order denying appoint9 ment of counsel upon a finding that the defendant is fi10 nancially able to obtain adequate representation or that

11 the defendant rejected appointment of counsel with an un12 derstanding of the consequences of that decision. Counsel

13 appointed pursuant to this subsection shall be different

14 from the counsel who represented the defendant at trial

15 and on direct review unless the defendant and counsel re16 quest a continuation or renewal of the earlier representa17 tion.

18 ‘‘(s) STANDARDS FOR COMPETENCE OF COUNSEL.—

19 In relation to a defendant who is entitled to appointment

20 of counsel under subsections (q)–(r), at least one counsel

21 appointed for trial representation must have been admit22 ted to the bar for at least 5 years and have at least three

23 years of experience in the trial of felony cases in the Fed24 eral district courts. If new counsel is appointed after judg25 ment, at least one counsel so appointed must have been
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1 admitted to the bar for at least 5 years and have at least

2 3 years of experience in the litigation of felony cases in

3 the Federal courts of appeals or the Supreme Court. The

4 court, for good cause, may appoint counsel who does not

5 meet these standards, but whose background, knowledge,

6 or experience would otherwise enable him or her to prop7 erly represent the defendant, with due consideration of the

8 seriousness of the penalty and the nature of the litigation.

9 ‘‘(t) CLAIMS OF INEFFECTIVENESS OF COUNSEL IN

10 COLLATERAL PROCEEDINGS.—The ineffectiveness or in11 competence of counsel during proceedings on a motion

12 under section 2255 of title 28, United States Code, in a

13 case under this section shall not be a ground for relief

14 from the judgment or sentence in any proceeding. This

15 limitation shall not preclude the appointment of different

16 counsel at any stage of the proceedings.

17 ‘‘(u) TIME FOR COLLATERAL ATTACK ON DEATH

18 SENTENCE.—A motion under section 2255 of title 28,

19 United States Code, attacking a sentence of death under

20 this section, or the conviction on which it is predicated,

21 must be filed within 90 days of the issuance of the order

22 under subsection (r) appointing or denying the appoint23 ment of counsel for such proceedings. The court in which

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

25 time for filing for a period not exceeding 60 days. Such
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1 a motion shall have priority over all non-capital matters

2 in the district court, and in the court of appeals on review

3 of the district court’s decision.

4 ‘‘(v) STAY OF EXECUTION.—The execution of a sen5 tence of death under this section shall be stayed in the

6 course of direct review of the judgment and during the

7 litigation of an initial motion in the case under section

8 2255 of title 28, United States Code. The stay shall run

9 continuously following imposition of the sentence and shall

10 expire if—

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

12 section 2255 of title 28, United States Code, within

13 the time specified in subsection (u), or fails to make

14 a timely application for court of appeals review fol15 lowing the denial of such a motion by a district

16 court;

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

18 of appeals review under section 2255 of title 28,

19 United States Code, the Supreme Court disposes of

20 a petition for certiorari in a manner that leaves the

21 capital sentence undisturbed, or the defendant fails

22 to file a timely petition for certiorari; or

23 ‘‘(3) before a district court, in the presence of

24 counsel and after having been advised of the con25 sequences of such a decision, the defendant waives
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1 the right to file a motion under section 2255 of title

2 28, United States Code.

3 ‘‘(w) FINALITY OF THE DECISION ON REVIEW.—If

4 one of the conditions specified in subsection (v) has oc5 curred, no court thereafter shall have the authority to

6 enter a stay of execution or grant relief in the case un7 less—

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

9 is a claim not presented in earlier proceedings;

10 ‘‘(2) the failure to raise the claim is the result

11 of governmental action in violation of the Constitu12 tion or laws of the United States, the result of the

13 Supreme Court’s recognition of a new Federal right

14 that is retroactively applicable, or the result of the

15 fact that the factual predicate of the claim could not

16 have been discovered through the exercise of reason17 able diligence in time to present the claim in earlier

18 proceedings; and

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

20 sufficient, if proven, to undermine the court’s con21 fidence in the determination of guilt on the offense

22 or offenses for which the death penalty was imposed.

23 ‘‘(x) DEFINITIONS.—For purposes of this section—

24 ‘‘(1) ‘State’ has the meaning given in section

25 513 of this title, including the District of Columbia;
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1 ‘‘(2) ‘Offense’, as used in paragraphs (2), (5),

2 and (13) of subsection (e), and in paragraph (5) of

3 this subsection, means an offense under the law of

4 the District of Columbia, another State, or the Unit5 ed States;

6 ‘‘(3) ‘Drug trafficking activity’ means a drug

7 trafficking crime as defined in section 929(a)(2) of

8 this title, or a pattern or series of acts involving one

9 or more drug trafficking crimes;

10 ‘‘(4) ‘Robbery’ means obtaining the property of

11 another by force or threat of force;

12 ‘‘(5) ‘Burglary’ means entering or remaining in

13 a building or structure in violation of the law of the

14 District of Columbia, another State, or the United

15 States, with the intent to commit an offense in the

16 building or structure;

17 ‘‘(6) ‘Sexual abuse’ means any conduct pro18 scribed by chapter 109A of this title, whether or not

19 the conduct occurs in the special maritime and terri20 torial jurisdiction of the United States;

21 ‘‘(7) ‘Arson’ means damaging or destroying a

22 building or structure through the use of fire or ex23 plosives;
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1 ‘‘(8) ‘Kidnapping’ means seizing, confining, or

2 abducting a person, or transporting a person without

3 his or her consent;

4 ‘‘(9) ‘Pre-trial release’, ‘probation’, ‘parole’, ‘su5 pervised release’, and ‘other post-conviction condi6 tional release’, as used in subsection (e)(6), mean

7 any such release, imposed in relation to a charge or

8 conviction for an offense under the law of the Dis9 trict of Columbia, another State, or the United

10 States; and

11 ‘‘(10) ‘Public servant’ means an employee,

12 agent, officer, or official of the District of Columbia,

13 another State, or the United States, or an employee,

14 agent, officer, or official of a foreign government

15 who is within the scope of section 1116 of this title.

16 ‘‘(y) When an offense is charged under this section,

17 the government may join any charge under the District

18 of Columbia Code that arises from the same incident.’’;

19 and

20 (b) by adding the following at the end of the

21 table of sections for chapter 51:

‘‘1118. Capital punishment for murders in the District of Columbia.’’.
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1 TITLE II—HABEAS CORPUS

2 REFORM

3 Subtitle A—General Habeas Corpus

4 Reform

5 SEC. 201. SHORT TITLE.

6 This title may be cited as the ‘‘Habeas Corpus Re7 form Act of 1993’’.

8 SEC. 202. PERIOD OF LIMITATION.

9 Section 2244 of title 28, United States Code, is

10 amended by adding at the end the following new sub11 section:

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

13 application for a writ of habeas corpus by a person in cus14 tody pursuant to the judgment of a State court. The limi15 tation period shall run from the latest of—

16 ‘‘(1) the time at which State remedies are ex17 hausted;

18 ‘‘(2) the time at which the impediment to filing

19 an application created by State action in violation of

20 the Constitution or laws of the United States is re21 moved, where the applicant was prevented from fil22 ing by such State action;

23 ‘‘(3) the time at which the Federal right as24 serted was initially recognized by the Supreme
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1 Court, where the right has been newly recognized by

2 the Court and is retroactively applicable; or

3 ‘‘(4) the time at which the factual predicate of

4 the claim or claims presented could have been dis5 covered through the exercise of reasonable dili6 gence.’’.

7 SEC. 203. APPEAL.

8 Section 2253 of title 28, United States Code, is

9 amended to read as follows:

10 ‘‘§ 2253. Appeal

11 ‘‘In a habeas corpus proceeding or a proceeding

12 under section 2255 before a circuit or district judge, the

13 final order shall be subject to review, on appeal, by the

14 court of appeals for the circuit where the proceeding is

15 had.

16 ‘‘There shall be no right of appeal from such an order

17 in a proceeding to test the validity of a warrant to remove,

18 to another district or place for commitment or trial, a per19 son charged with a criminal offense against the United

20 States, or to test the validity of his detention pending re21 moval proceedings.

22 ‘‘An appeal may not be taken to the court of appeals

23 from the final order in a habeas corpus proceeding where

24 the detention complained of arises out of process issued

25 by a State court, or from the final order in a proceeding
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1 under section 2255, unless a circuit justice or judge issues

2 a certificate of probable cause.’’.

3 SEC. 204. AMENDMENT OF FEDERAL RULES OF APPELLATE

4 PROCEDURE.

5 Rule 22 of the Federal Rules of Appellate Procedure

6 is amended to read as follows:

7 ‘‘§ Rule 22. Habeas corpus and section 2255 proceed8 ings

9 ‘‘(a) APPLICATION FOR AN ORIGINAL WRIT OF HA10 BEAS CORPUS.—An application for a writ of habeas cor11 pus shall be made to the appropriate district court. If ap12 plication is made to a circuit judge, the application will

13 ordinarily be transferred to the appropriate district court.

14 If an application is made to or transferred to the district

15 court and denied, renewal of the application before a cir16 cuit judge is not favored; the proper remedy is by appeal

17 to the court of appeals from the order of the district court

18 denying the writ.

19 ‘‘(b) NECESSITY OF CERTIFICATE OF PROBABLE

20 CAUSE FOR APPEAL.—In a habeas corpus proceeding in

21 which the detention complained of arises out of process

22 issued by a State court, and in a motion proceeding pursu23 ant to section 2255 of title 28, United States Code, an

24 appeal by the applicant or movant may not proceed unless

25 a circuit judge issues a certificate of probable cause. If
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1 a request for a certificate of probable cause is addressed

2 to the court of appeals, it shall be deemed addressed to

3 the judges thereof and shall be considered by a circuit

4 judge or judges as the court deems appropriate. If no ex5 press request for a certificate is filed, the notice of appeal

6 shall be deemed to constitute a request addressed to the

7 judges of the court of appeals. If an appeal is taken by

8 a State or the Government or its representative, a certifi9 cate or probable cause is not required.’’.

10 SEC. 205. SECTION 2254 AMENDMENTS.

11 Section 2254 of title 28, United States Code, is

12 amended—

13 (1) by amending subsection (b) to read as fol14 lows:

15 ‘‘(b) An application for a writ of habeas corpus in

16 behalf of a person in custody pursuant to the judgment

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

18 that the applicant has exhausted the remedies available

19 in the courts of the State, or that there is either an ab20 sence of available State corrective process or the existence

21 of circumstances rendering such process ineffective to pro22 tect the rights of the applicant. An application may be

23 denied on the merits notwithstanding the failure of the

24 applicant to exhaust the remedies available in the courts

25 of the State.’’;
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1 (2) by redesignating subsections (d), (e), and

2 (f) as subsections (e), (f), and (g), respectively;

3 (3) by inserting after subsection (c) the follow4 ing new subsection:

5 ‘‘(d) An application for a writ of habeas corpus in

6 behalf of a person in custody pursuant to the judgment

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

8 claim that has been fully and fairly adjudicated in State

9 proceedings.’’;

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

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

12 ‘‘(e) In a proceeding instituted by an application for

13 a writ of habeas corpus by a person in custody pursuant

14 to the judgment of a State court, a full and fair deter15 mination of a factual issue made in the case by a State

16 court shall be presumed to be correct. The applicant shall

17 have the burden of rebutting this presumption by clear

18 and convincing evidence.’’; and

19 (5) by adding at the end the following new sub20 section:

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

22 and any subsequent proceedings on review, appointment

23 of counsel for a petitioner who is or becomes financially

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

25 court, except as provided by a rule promulgated by the
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1 Supreme Court pursuant to statutory authority. Appoint2 ment of counsel under this section shall be governed by

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

4 SEC. 206. SECTION 2255 AMENDMENTS.

5 Section 2255 of title 28, United States Code, is

6 amended—

7 (1) by striking the second paragraph and the

8 penultimate paragraph; and

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

10 paragraphs:

11 ‘‘A two-year period of limitation shall apply to a mo12 tion under this section. The limitation period shall run

13 from the latest of—

14 ‘‘(1) the time at which the judgment of convic15 tion becomes final;

16 ‘‘(2) the time at which the impediment to mak17 ing a motion created by governmental action in vio18 lation of the Constitution or laws of the United

19 States is removed, where the movant was prevented

20 from making a motion by such governmental action;

21 ‘‘(3) the time at which the right asserted was

22 initially recognized by the Supreme Court, where the

23 right has been newly recognized by the Court and is

24 retroactively applicable; or
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1 ‘‘(4) the time at which the factual predicate of

2 the claim or claims presented could have been dis3 covered through the exercise of reasonable diligence.

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

5 any subsequent proceedings on review, appointment of

6 counsel for a movant who is or becomes financially unable

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

8 except as provided by a rule promulgated by the Supreme

9 Court pursuant to statutory authority. Appointment of

10 counsel under this section shall be governed by section

11 3006A of title 18, United States Code.’’.

12 Subtitle B—Death Penalty

13 Litigation Procedures

14 SEC. 211. SHORT TITLE FOR SUBTITLE B.

15 This subtitle may be cited as the ‘‘Death Penalty

16 Litigation Procedures Act of 1993’’.

17 SEC. 212. DEATH PENALTY LITIGATION PROCEDURES.

18 (a) ADDITION OF CHAPTER TO TITLE 28, UNITED

19 STATES CODE.—Title 28, United States Code, is amended

20 by inserting after chapter 153 the following new chapter:

21 ‘‘CHAPTER 154—SPECIAL HABEAS CORPUS

22 PROCEDURES IN CAPITAL CASES

‘‘Sec.

‘‘2256. Prisoners in State custody subject to capital sentence; appointment of

counsel; requirement of rule of court or statute; procedures for

appointment.

‘‘2257. Mandatory stay of execution; duration; limits on stays of execution; successive petitions.

‘‘2258. Filing of habeas corpus petition; time requirements; tolling rules.
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‘‘2259. Evidentiary hearings; scope of Federal review; district court adjudication.

‘‘2260. Certificate of probable cause inapplicable.

‘‘2261. Application to state unitary review procedures.

‘‘2262. Limitation periods for determining petitions.

‘‘2263. Rule of construction.

1 ‘‘§ 2256. Prisoners in State custody subject to capital

2 sentence; appointment of counsel; re3 quirement of rule of court or statute; pro4 cedures for appointment

5 ‘‘(a) APPLICATION OF CHAPTER.—This chapter shall

6 apply to cases arising under section 2254 brought by pris7 oners in State custody who are subject to a capital sen8 tence. It shall apply only if the provisions of subsections

9 (b) and (c) are satisfied.

10 ‘‘(b) ESTABLISHMENT OF APPOINTMENT MECHA11 NISM.—This chapter is applicable if a State establishes by

12 rule of its court of last resort or by statute a mechanism

13 for the appointment, compensation and payment of rea14 sonable litigation expenses of competent counsel in State

15 postconviction proceedings brought by indigent prisoners

16 whose capital convictions and sentences have been upheld

17 on direct appeal to the court of last resort in the State

18 or have otherwise become final for State law purposes. The

19 rule of court or statute must provide standards of com20 petency for the appointment of such counsel.

21 ‘‘(c) OFFER OF COUNSEL.—Any mechanism for the

22 appointment, compensation and reimbursement of counsel
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1 as provided in subsection (b) must offer counsel to all

2 State prisoners under capital sentence and must provide

3 for the entry of an order by a court of record—

4 ‘‘(1) appointing 1 or more counsel to represent

5 the prisoner upon a finding that the prisoner is indi6 gent and accepted the offer or is unable competently

7 to decide whether to accept or reject the offer;

8 ‘‘(2) finding, after a hearing if necessary, that

9 the prisoner rejected the offer of counsel and made

10 the decision with an understanding of its legal con11 sequences; or

12 ‘‘(3) denying the appointment of counsel upon

13 a finding that the prisoner is not indigent.

14 ‘‘(d) PREVIOUS REPRESENTATION.—No counsel ap15 pointed pursuant to subsections (b) and (c) to represent

16 a State prisoner under capital sentence shall have pre17 viously represented the prisoner at trial or on direct appeal

18 in the case for which the appointment is made unless the

19 prisoner and counsel expressly request continued represen20 tation.

21 ‘‘(e) NO GROUND FOR RELIEF.—The ineffectiveness

22 or incompetence of counsel during State or Federal collat23 eral postconviction proceedings in a capital case shall not

24 be a ground for relief in a proceeding arising under section

25 2254. This limitation shall not preclude the appointment
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1 of different counsel, on the court’s own motion or at the

2 request of the prisoner, at any phase of State or Federal

3 postconviction proceedings on the basis of the ineffective4 ness or incompetence of counsel in such proceedings.

5 ‘‘§ 2257. Mandatory stay of execution; duration; limits

6 on stays of execution; successive peti7 tions

8 ‘‘(a) STAY.—Upon the entry in the appropriate State

9 court of record of an order under section 2256(c), a war10 rant or order setting an execution date for a State pris11 oner shall be stayed upon application to any court that

12 would have jurisdiction over any proceedings filed under

13 section 2254. The application must recite that the State

14 has invoked the postconviction review procedures of this

15 chapter and that the scheduled execution is subject to

16 stay.

17 ‘‘(b) EXPIRATION OF STAY.—A stay of execution

18 granted pursuant to subsection (a) shall expire if—

19 ‘‘(1) a State prisoner fails to file a habeas cor20 pus petition under section 2254 within the time re21 quired in section 2258, or fails to make a timely ap22 plication for court of appeals review following the de23 nial of such a petition by a district court;
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1 ‘‘(2) upon completion of district court and court

2 of appeals review under section 2254 the petition for

3 relief is denied and—

4 ‘‘(A) the time for filing a petition for cer5 tiorari has expired and no petition has been

6 filed;

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

8 filed and the Supreme Court denied the peti9 tion; or

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

11 filed and upon consideration of the case, the

12 Supreme Court disposed of it in a manner that

13 left the capital sentence undisturbed; or

14 ‘‘(3) before a court of competent jurisdiction, in

15 the presence of counsel and after having been ad16 vised of the consequences of his decision, a State

17 prisoner under capital sentence waives the right to

18 pursue habeas corpus review under section 2254.

19 ‘‘(c) LIMITATION ON FURTHER STAY.—If one of the

20 conditions in subsection (b) has occurred, no Federal court

21 thereafter shall have the authority to enter a stay of execu22 tion or grant relief in a capital case unless—

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

24 is a claim not previously presented in the State or

25 Federal courts;
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1 ‘‘(2) the failure to raise the claim is—

2 ‘‘(A) the result of State action in violation

3 of the Constitution or laws of the United

4 States;

5 ‘‘(B) the result of the Supreme Court rec6 ognition of a new Federal right that is retro7 actively applicable; or

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

9 could not have been discovered through the ex10 ercise of reasonable diligence in time to present

11 the claim for State or Federal postconviction

12 review; and

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

14 sufficient, if proven, to undermine the court’s con15 fidence in the determination of guilt on the offense

16 or offenses for which the death penalty was imposed.

17 ‘‘§ 2258. Filing of habeas corpus petition; time re18 quirements; tolling rules

19 ‘‘Any petition for habeas corpus relief under section

20 2254 must be filed in the appropriate district court within

21 180 days from the filing in the appropriate State court

22 of record of an order under section 2256(c). The time re23 quirements established by this section shall be tolled—

24 ‘‘(1) from the date that a petition for certiorari

25 is filed in the Supreme Court until the date of final
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1 disposition of the petition if a State prisoner files

2 the petition to secure review by the Supreme Court

3 of the affirmance of a capital sentence on direct re4 view by the court of last resort of the State or other

5 final State court decision on direct review;

6 ‘‘(2) during any period in which a State pris7 oner under capital sentence has a properly filed re8 quest for postconviction review pending before a

9 State court of competent jurisdiction; if all State fil10 ing rules are met in a timely manner, this period

11 shall run continuously from the date that the State

12 prisoner initially files for postconviction review until

13 final disposition of the case by the highest court of

14 the State, but the time requirements established by

15 this section are not tolled during the pendency of a

16 petition for certiorari before the Supreme Court ex17 cept as provided in paragraph (1); and

18 ‘‘(3) during an additional period not to exceed

19 60 days, if—

20 ‘‘(A) a motion for an extension of time is

21 filed in the Federal district court that would

22 have proper jurisdiction over the case upon the

23 filing of a habeas corpus petition under section

24 2254; and
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1 ‘‘(B) a showing of good cause is made for

2 the failure to file the habeas corpus petition

3 within the time period established by this sec4 tion.

5 ‘‘§ 2259. Evidentiary hearings; scope of Federal re6 view; district court adjudication

7 ‘‘(a) REVIEW OF RECORD; HEARING.—Whenever a

8 State prisoner under a capital sentence files a petition for

9 habeas corpus relief to which this chapter applies, the dis10 trict court shall—

11 ‘‘(1) determine the sufficiency of the record for

12 habeas corpus review based on the claims actually

13 presented and litigated in the State courts except

14 when the prisoner can show that the failure to raise

15 or develop a claim in the State courts is—

16 ‘‘(A) the result of State action in violation

17 of the Constitution or laws of the United

18 States;

19 ‘‘(B) the result of the Supreme Court rec20 ognition of a new Federal right that is retro21 actively applicable; or

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

23 could not have been discovered through the ex24 ercise of reasonable diligence in time to present

25 the claim for State postconviction review; and
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1 ‘‘(2) conduct any requested evidentiary hearing

2 necessary to complete the record for habeas corpus

3 review.

4 ‘‘(b) ADJUDICATION.—Upon the development of a

5 complete evidentiary record, the district court shall rule

6 on the claims that are properly before it, but the court

7 shall not grant relief from a judgment of conviction or sen8 tence on the basis of any claim that was fully and fairly

9 adjudicated in State proceedings.

10 ‘‘§ 2260. Certificate of probable cause inapplicable

11 ‘‘The requirement of a certificate of probable cause

12 in order to appeal from the district court to the court of

13 appeals does not apply to habeas corpus cases subject to

14 this chapter except when a second or successive petition

15 is filed.

16 ‘‘§ 2261. Application to State unitary review proce17 dure

18 ‘‘(a) IN GENERAL.—For purposes of this section, the

19 term ‘unitary review procedure’ means a State procedure

20 that authorizes a person under sentence of death to raise,

21 in the course of direct review of the judgment, such claims

22 as could be raised on collateral attack. This chapter shall

23 apply, as provided in this section, in relation to a State

24 unitary review procedure if the State establishes by rule

25 of its court of last resort or by statute a mechanism for
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1 the appointment, compensation, and payment of reason2 able litigation expenses of competent counsel in the uni3 tary review proceedings, including expenses relating to the

4 litigation of collateral claims in the proceedings. The rule

5 of court or statute must provide standards of competency

6 for the appointment of such counsel.

7 ‘‘(b) OFFER OF COUNSEL.—A unitary review proce8 dure, to qualify under this section, must include an offer

9 of counsel following trial for the purpose of representation

10 on unitary review, and entry of an order, as provided in

11 section 2256(c), concerning appointment of counsel or

12 waiver or denial of appointment of counsel for that pur13 pose. No counsel appointed to represent the prisoner in

14 the unitary review proceedings shall have previously rep15 resented the prisoner at trial in the case for which the

16 appointment is made unless the prisoner and counsel ex17 pressly request continued representation.

18 ‘‘(c) APPLICATION OF OTHER SECTIONS.—Sections

19 2257, 2258, 2259, 2260, and 2262 shall apply in relation

20 to cases involving a sentence of death from any State hav21 ing a unitary review procedure that qualifies under this

22 section. References to State ‘post-conviction review’ and

23 ‘direct review’ in those sections shall be understood as re24 ferring to unitary review under the State procedure. The

25 references in sections 2257(a) and 2258 to ‘an order
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1 under section 2256(c)’ shall be understood as referring to

2 the post-trial order under subsection (b) concerning rep3 resentation in the unitary review proceedings, but if a

4 transcript of the trial proceedings is unavailable at the

5 time of the filing of such an order in the appropriate State

6 court, the start of the 180-day limitation period under sec7 tion 2258 shall be deferred until a transcript is made

8 available to the prisoner or the prisoner’s counsel.

9 ‘‘§ 2262. Limitation periods for determining petitions

10 ‘‘(a) IN GENERAL.—The adjudication of any petition

11 under section 2254 that is subject to this chapter, and

12 the adjudication of any motion under section 2255 by a

13 person under sentence of death, shall be given priority by

14 the district court and by the court of appeals over all

15 noncapital matters. The adjudication of such a petition or

16 motion shall be subject to the following time limitations:

17 ‘‘(1) A Federal district court shall determine

18 such a petition or motion within 110 days of filing.

19 ‘‘(2)(A) The court of appeals shall hear and de20 termine any appeal relating to such a petition or

21 motion within 90 days after the notice of appeal is

22 filed.

23 ‘‘(B) The court of appeals shall decide any ap24 plication for rehearing en banc within 20 days of the

25 filing of the application unless a responsive pleading
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1 is required, in which case the court of appeals shall

2 decide the application within 20 days of the filing of

3 the responsive pleading. If en banc consideration is

4 granted, the en banc court shall determine the ap5 peal within 90 days of the decision to grant such

6 consideration.

7 ‘‘(3) The Supreme Court shall act on any appli8 cation for a writ of certiorari relating to such a peti9 tion or motion within 90 days after the application

10 is filed.

11 ‘‘(b) APPLICATION OF SECTION.—The time limita12 tions under subsection (a) shall apply to an initial petition

13 or motion, and to any second or successive petition or mo14 tion. The same limitations shall also apply to the redeter15 mination of a petition or motion or related appeal follow16 ing a remand by the court of appeals or the Supreme

17 Court for further proceedings, and in such a case the limi18 tation period shall run from the date of the remand.

19 ‘‘(c) RULE OF CONSTRUCTION.—The time limitations

20 under this section shall not be construed to entitle a peti21 tioner or movant to a stay of execution, to which the peti22 tioner or movant would otherwise not be entitled, for the

23 purpose of litigating any petition, motion, or appeal.

24 ‘‘(d) NO GROUND FOR RELIEF.—The failure of a

25 court to meet or comply with the time limitations under
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1 this section shall not be a ground for granting relief from

2 a judgment of conviction or sentence. The State or Gov3 ernment may enforce the time limitations under this sec4 tion by applying to the court of appeals or the Supreme

5 Court for a writ of mandamus.

6 ‘‘(e) REPORT.—The Administrative Office of the

7 United States Courts shall report annually to Congress on

8 the compliance by the courts with the time limits estab9 lished in this section.

10 ‘‘§ 2263. Rule of construction

11 ‘‘This chapter shall be construed to promote the expe12 ditious conduct and conclusion of State and Federal court

13 review in capital cases.’’.

14 (b) TECHNICAL AMENDMENT.—The part analysis for

15 part IV of title 28, United States Code, is amended by

16 adding after the item relating to chapter 153 the following

17 new item:

‘‘154. Special habeas corpus procedures in capital

cases ............................................................................ 2256.’’.

18 Subtitle C—Equalization of Capital

19 Habeas Corpus Litigation Funding

20 SEC. 221. FUNDING FOR DEATH PENALTY PROSECUTIONS.

21 Part E of title I of the Omnibus Crime Control and

22 Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is

23 amended by inserting after section 511 the following new

24 section:
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1 ‘‘FUNDING FOR DEATH PENALTY PROSECUTIONS

2 ‘‘SEC. 511A. Notwithstanding any other provision of

3 this part, the Director shall provide grants to the States,

4 from the funding allocated pursuant to section 511, for

5 the purpose of supporting litigation pertaining to Federal

6 habeas corpus petitions in capital cases. The total funding

7 available for such grants within any fiscal year shall be

8 equal to the funding provided to capital resource centers,

9 pursuant to Federal appropriation, in the same fiscal

10 year.’’.

11 TITLE III—EXCLUSIONARY RULE

12 SEC. 301. ADMISSIBILITY OF CERTAIN EVIDENCE.

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

14 States Code, is amended by adding at the end the follow15 ing new section:

16 ‘‘§ 3509. Admissibility of evidence obtained by search

17 or seizure

18 ‘‘(a) EVIDENCE OBTAINED BY OBJECTIVELY REA19 SONABLE SEARCH OR SEIZURE.—Evidence that is ob20 tained as a result of a search or seizure shall not be ex21 cluded in a proceeding in a court of the United States

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

23 of the fourth amendment to the Constitution of the United

24 States, if the search or seizure was carried out in cir25 cumstances justifying an objectively reasonable belief that
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1 it was in conformity with the fourth amendment. The fact

2 that evidence was obtained pursuant to and within the

3 scope of a warrant constitutes prima facie evidence of the

4 existence of such circumstances.

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

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

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

8 obtained in violation of a statute, an administrative rule

9 or regulation, or a rule of procedure unless exclusion is

10 expressly authorized by statute or by a rule prescribed by

11 the Supreme Court pursuant to statutory authority.

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

13 not be construed to require or authorize the exclusion of

14 evidence in any proceeding.’’.

15 (b) TECHNICAL AMENDMENT.—The chapter analysis

16 for chapter 223 of title 28, United States Code, is amend17 ed by adding at the end the following new item:

‘‘3509. Admissibility of evidence obtained by search or seizure.’’.

18 TITLE IV—FIREARMS AND

19 RELATED AMENDMENTS

20 SEC. 401. INCREASED MANDATORY MINIMUM SENTENCES

21 FOR CRIMINALS USING FIREARMS.

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

23 amended to read as follows:

24 ‘‘(c)(1)(A) Whoever, during and in relation to any

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

2 for an enhanced punishment if committed by the use of

3 a deadly or dangerous weapon or device) for which the

4 person may be prosecuted in a court of the United

5 States—

6 ‘‘(i) knowingly uses, carries, or otherwise pos7 sesses a firearm, shall, in addition to the punish8 ment provided for the underlying crime, be sen9 tenced to imprisonment for 10 years;

10 ‘‘(ii) discharges a firearm with intent to injure

11 another person, shall, in addition to the punishment

12 provided for the underlying crime, be sentenced to

13 imprisonment for 20 years; or

14 ‘‘(iii) knowingly uses, carries, or otherwise pos15 sesses a firearm that is a machinegun or destructive

16 device, or that is equipped with a firearm silencer or

17 firearm muffler, shall, in addition to the punishment

18 provided for the underlying crime, be sentenced to

19 imprisonment for 30 years.

20 ‘‘(B)(i) In the case of a second conviction under this

21 subsection, a person shall, in addition to the punishment

22 provided for the underlying crime, be sentenced to impris23 onment for 20 years for a violation of subparagraph

24 (A)(i), to imprisonment for 30 years for a violation of sub-
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1 paragraph (A)(ii), and life imprisonment for a violation

2 of subparagraph (A)(iii).

3 ‘‘(ii) In the case of a third or subsequent conviction

4 under this subsection, or a conviction for a violation of

5 subparagraph (A)(ii) that results in the death of another

6 person, a person shall be sentenced to life imprisonment.

7 ‘‘(C) Notwithstanding any other law, a term of im8 prisonment under this subsection shall run concurrently

9 with any other term of imprisonment imposed for the un10 derlying crime.

11 ‘‘(D) For the purposes of paragraph (A), a person

12 shall be considered to be in possession of a firearm if the

13 person has a firearm readily available at the scene of the

14 crime during the commission of the crime.’’.

15 SEC. 402. INCREASED PENALTY FOR SECOND OFFENSE OF

16 USING AN EXPLOSIVE TO COMMIT A FELONY.

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

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

19 SEC. 403. SMUGGLING FIREARMS IN AID OF DRUG TRAF20 FICKING.

21 Section 924 of title 18, United States Code, as

22 amended by section 136, is amended by adding at the end

23 the following new subsection:

24 ‘‘(j) Whoever, with the intent to engage in or to pro25 mote conduct that—
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1 ‘‘(1) is punishable under the Controlled Sub2 stances Act (21 U.S.C. 801 et seq.), the Controlled

3 Substances Import and Export Act (21 U.S.C. 951

4 et seq.), or the Maritime Drug Law Enforcement

5 Act (46 U.S.C. App. 1901 et seq.);

6 ‘‘(2) violates any law of a State relating to any

7 controlled substance (as defined in section 102 of

8 the Controlled Substances Act (21 U.S.C. 802)); or

9 ‘‘(3) constitutes a crime of violence (as defined

10 in subsection (c)(3) of this section),

11 smuggles or knowingly brings into the United States a

12 firearm, or attempts to do so, shall be imprisoned not

13 more than 10 years, fined under this title, or both.’’.

14 SEC. 404. PROHIBITION AGAINST THEFT OF FIREARMS OR

15 EXPLOSIVES.

16 (a) FIREARMS.—Section 924 of title 18, United

17 States Code, as amended by section 403, is amended by

18 adding at the end the following new subsection:

19 ‘‘(k) Whoever steals any firearm which is moving as,

20 or is a part of, or which has moved in, interstate or foreign

21 commerce shall be imprisoned not less than 2 nor more

22 than 10 years, fined in accordance with this title, or

23 both.’’.
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1 (b) EXPLOSIVES.—Section 844 of title 18, United

2 States Code, is amended by adding at the end the follow3 ing new subsection:

4 ‘‘(k) Whoever steals any explosive materials which are

5 moving as, or are a part of, or which have moved in, inter6 state or foreign commerce shall be imprisoned not less

7 than 2 nor more than 10 years, fined in accordance with

8 this title, or both.’’.

9 SEC. 405. INCREASED PENALTY FOR KNOWINGLY FALSE,

10 MATERIAL STATEMENT IN CONNECTION

11 WITH THE ACQUISITION OF A FIREARM FROM

12 A LICENSED DEALER.

13 Section 924(a) of title 18, United States Code, is

14 amended—

15 (1) in paragraph (1)(B) by striking ‘‘(a)(6),’’;

16 and

17 (2) in paragraph (2) by inserting ‘‘(a)(6),’’

18 after ‘‘subsection’’.

19 SEC. 406. SUMMARY DESTRUCTION OF EXPLOSIVES SUB20 JECT TO FORFEITURE.

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

22 amended—

23 (1) by inserting ‘‘(1)’’ before ‘‘Any’’; and

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

25 paragraphs:
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1 ‘‘(2) Notwithstanding paragraph (1), in the case of

2 the seizure of any explosive materials for any offense for

3 which the materials would be subject to forfeiture where

4 it is impracticable or unsafe to remove the materials to

5 a place of storage, or where it is unsafe to store them,

6 the seizing officer may destroy the explosive materials

7 forthwith. Any destruction under this paragraph shall be

8 in the presence of at least one credible witness. The seizing

9 officer shall make a report of the seizure and take samples

10 as the Secretary may by regulation prescribe.

11 ‘‘(3) Within 60 days after any destruction made pur12 suant to paragraph (2), the owner of, including any person

13 having an interest in, the property so destroyed may make

14 application to the Secretary for reimbursement of the

15 value of the property. If the claimant establishes to the

16 satisfaction of the Secretary that—

17 ‘‘(A) the property has not been used or involved

18 in a violation of law; or

19 ‘‘(B) any unlawful involvement or use of the

20 property was without the claimant’s knowledge, con21 sent, or willful blindness,

22 the Secretary shall make an allowance to the claimant not

23 exceeding the value of the property destroyed.’’.
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1 SEC. 407. ELIMINATION OF OUTMODED LANGUAGE RELAT2 ING TO PAROLE.

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

4 amended—

5 (1) in subsection (c)(1) by striking ‘‘No person

6 sentenced under this subsection shall be eligible for

7 parole during the term of imprisonment imposed

8 herein.’’; and

9 (2) in subsection (e)(1) by striking ‘‘, and such

10 person shall not be eligible for parole with respect to

11 the sentence imposed under this subsection’’.

12 SEC. 408. ENHANCED PENALTIES FOR USE OF A FIREARM

13 IN THE COMMISSION OF COUNTERFEITING

14 OR FORGERY.

15 Section 924(c)(1) of title 18, United States Code, as

16 amended by section 401, is amended in subparagraph (A)

17 by inserting ‘‘or during and in relation to any felony pun18 ishable under chapter 25’’ after ‘‘United States,’’.

19 SEC. 409. MANDATORY PENALTIES FOR FIREARMS POSSES20 SION BY VIOLENT FELONS AND SERIOUS

21 DRUG OFFENDERS.

22 (a) ONE PRIOR CONVICTION.—Section 924(a)(2) of

23 title 18, United States Code, is amended by inserting ‘‘,

24 and if the violation is of section 922(g)(1) by a person

25 who has a previous conviction for a violent felony or a

26 serious drug offense (as defined in subsections (e)(2) (A)
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1 and (B) of this section), a sentence imposed under this

2 paragraph shall include a term of imprisonment of not less

3 than 5 years’’ before the period.

4 (b) TWO PRIOR CONVICTIONS.—Section 924 of title

5 18, United States Code, as amended by section 404, is

6 amended by adding at the end the following new sub7 section:

8 ‘‘(l)(1) Notwithstanding subsection (a)(2), any per9 son who violates section 922(g) and has 2 previous convic10 tions by any court referred to in section 922(g)(1) for a

11 violent felony (as defined in subsection (e)(2)(B) of this

12 section) or a serious drug offense (as defined in subsection

13 (e)(2)(A) of this section) committed on occasions different

14 from one another shall be fined as provided in this title,

15 imprisoned not less than 10 years and not more than 20

16 years, or both.

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

18 not suspend the sentence of, or grant a probationary sen19 tence to, a person described in paragraph (1) with respect

20 to the conviction under section 922(g).’’.

21 SEC. 410. RECEIPT OF FIREARMS BY NONRESIDENT.

22 Section 922(a) of title 18, United States Code, is

23 amended—

24 (1) in paragraph (7)(C) by striking ‘‘and’’;
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1 (2) in paragraph (8)(C) by striking the period

2 and inserting ‘‘; and’’; and

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

4 paragraph:

5 ‘‘(9) for any person, other than a licensed im6 porter, licensed manufacturer, licensed dealer, or li7 censed collector, who does not reside in any State to

8 receive any firearms unless such receipt is for lawful

9 sporting purposes.’’.

10 SEC. 411. PROHIBITION AGAINST CONSPIRACY TO VIOLATE

11 FEDERAL FIREARMS OR EXPLOSIVES LAWS.

12 (a) FIREARMS.—Section 924 of title 18, United

13 States Code, as amended by section 409(b), is amended

14 by adding at the end the following new subsection:

15 ‘‘(m) Whoever conspires to commit any offense pun16 ishable under this chapter shall be subject to the same

17 penalties as those prescribed for the offense the commis18 sion of which was the object of the conspiracy.’’.

19 (b) EXPLOSIVES.—Section 844 of title 18, United

20 States Code, as amended by section 404(b), is amended

21 by adding at the end the following new subsection:

22 ‘‘(l) Whoever conspires to commit any offense punish23 able under this chapter shall be subject to the same pen24 alties as those prescribed for the offense the commission

25 of which was the object of the conspiracy.’’.
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1 SEC. 412. PROHIBITION AGAINST THEFT OF FIREARMS OR

2 EXPLOSIVES FROM LICENSEE.

3 (a) FIREARMS.—Section 924 of title 18, United

4 States Code, as amended by section 411(a), is amended

5 by adding at the end the following new subsection:

6 ‘‘(n) Whoever steals any firearm from a licensed im7 porter, licensed manufacturer, licensed dealer, or licensed

8 collector shall be fined in accordance with this title, im9 prisoned not more than 10 years, or both.’’.

10 (b) EXPLOSIVES.—Section 844 of title 18, United

11 States Code, as amended by section 411(b), is amended

12 by adding at the end the following new subsection:

13 ‘‘(m) Whoever steals any explosive material from a

14 licensed importer, licensed manufacturer, licensed dealer,

15 or permittee shall be fined in accordance with this title,

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

17 SEC. 413. PROHIBITION AGAINST DISPOSING OF EXPLO18 SIVES TO PROHIBITED PERSONS.

19 Section 842(d) of title 18, United States Code, is

20 amended by striking ‘‘licensee’’ and inserting ‘‘person’’.

21 SEC. 414. INCREASED PENALTY FOR INTERSTATE GUN

22 TRAFFICKING.

23 Section 924 of title 18, United States Code, as

24 amended by section 412(a), is amended by adding at the

25 end the following new subsection:
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1 ‘‘(o) Whoever, with the intent to engage in conduct

2 that constitutes a violation of section 922(a)(1)(A), travels

3 from any State or foreign country into any other State

4 and acquires, or attempts to acquire, a firearm in such

5 other State in furtherance of such purpose shall be impris6 oned for not more than 10 years.’’.

7 SEC. 415. PROHIBITION AGAINST TRANSACTIONS INVOLV8 ING STOLEN FIREARMS WHICH HAVE MOVED

9 IN INTERSTATE OR FOREIGN COMMERCE.

10 Section 922(j) of title 18, United States Code, is

11 amended to read as follows:

12 ‘‘(j) It shall be unlawful for any person to receive,

13 possess, conceal, store, barter, sell, or dispose of any stolen

14 firearm or stolen ammunition, or pledge or accept as secu15 rity for a loan any stolen firearm or stolen ammunition,

16 which is moving as, which is a part of, which constitutes,

17 or which has been shipped or transported in, interstate

18 or foreign commerce, either before or after it was stolen,

19 knowing or having reasonable cause to believe that the

20 firearm or ammunition was stolen.’’.

21 SEC. 416. POSSESSION OF EXPLOSIVES BY FELONS AND

22 OTHERS.

23 Section 842(i) of title 18, United States Code, is

24 amended by inserting ‘‘or possess’’ after ‘‘to receive’’.
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1 SEC. 417. POSSESSION OF AN EXPLOSIVE DURING THE

2 COMMISSION OF A FELONY.

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

4 amended—

5 (1) by striking ‘‘carries an explosive during’’

6 and inserting ‘‘uses, carries, or otherwise possesses

7 an explosive during’’; and

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

9 ‘‘used, carried, or possessed’’.

10 SEC. 418. DISPOSITION OF FORFEITED FIREARMS.

11 Subsection 5872(b) of the Internal Revenue Code of

12 1986 is amended to read as follows:

13 ‘‘(b) DISPOSAL.—In the case of the forfeiture of any

14 firearm, where there is no remission or mitigation of for15 feiture thereof—

16 ‘‘(1) the Secretary may retain the firearm for

17 official use of the Department of the Treasury or, if

18 not so retained, offer to transfer the weapon without

19 charge to any other executive department or inde20 pendent establishment of the Government for official

21 use by it and, if the offer is accepted, so transfer the

22 firearm;

23 ‘‘(2) if the firearm is not disposed of pursuant

24 to paragraph (1), is a firearm other than a machine25 gun or firearm forfeited for a violation of this chap26 ter, is a firearm that in the opinion of the Secretary
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1 is not so defective that its disposition pursuant to

2 this paragraph would create an unreasonable risk of

3 a malfunction likely to result in death or bodily in4 jury, and is a firearm which (in the judgment of the

5 Secretary, taking into consideration evidence of

6 present value and evidence that like firearms are not

7 available except as collector’s items, or that the

8 value of like firearms available in ordinary commer9 cial channels is substantially less) derives a substan10 tial part of its monetary value from the fact that it

11 is novel or rare or because of its association with

12 some historical figure, period, or event, the Sec13 retary may sell the firearm, after public notice, at

14 public sale to a dealer licensed under chapter 44 of

15 title 18, United States Code;

16 ‘‘(3) if the firearm has not been disposed or

17 pursuant to paragraph (1) or (2), the Secretary

18 shall transfer the firearm to the Administrator of

19 General Services, who shall destroy or provide for

20 the destruction of such firearm; and

21 ‘‘(4) no decision or action of the Secretary pur22 suant to this subsection shall be subject to judicial

23 review.’’.
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1 SEC. 419. DEFINITION OF SERIOUS DRUG OFFENSE.

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

3 is amended—

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

5 (2) by adding ‘‘or’’ at the end of clause (ii); and

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

7 clause:

8 ‘‘(iii) an offense under State law that,

9 if it had been prosecuted as a violation of

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

11 801 et seq.) as that Act provided at the

12 time of the offense, would have been pun13 ishable by a maximum term of 10 years or

14 more;’’.

15 SEC. 420. DEFINITION OF BURGLARY UNDER THE ARMED

16 CAREER CRIMINAL STATUTE.

17 Section 924(e)(2) of title 18, United States Code, is

18 amended—

19 (1) by striking ‘‘and’’ at the end of subpara20 graph (B);

21 (2) by striking the period at the end of sub22 paragraph (C) and inserting ‘‘; and’’; and

23 (3) by adding at the end the following new sub24 paragraph:

25 ‘‘(D) the term ‘burglary’ means a crime that—
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1 ‘‘(i) consists of entering or remaining sur2 reptitiously within a building that is the prop3 erty of another person with intent to engage in

4 conduct constituting a Federal or State offense;

5 and

6 ‘‘(ii) is punishable by a term of imprison7 ment exceeding 1 year.’’.

8 TITLE V—TERRORISM AND

9 INTERNATIONAL MATTERS

10 SEC. 501. TERRORISM CIVIL REMEDY.

11 (a) REINSTATEMENT OF LAW.—The amendments

12 made by section 132 of the Military Construction Appro13 priations Act, 1991 (104 Stat. 2250), are repealed effec14 tive as of April 10, 1991.

15 (b) TERRORISM.—Chapter 113A of title 18, United

16 States Code, as amended by subsection (a), is amended—

17 (1) in section 2331 (as in effect prior to enact18 ment of the Military Construction Appropriations

19 Act, 1991) by striking subsection (d) and redesig20 nating subsection (e) as subsection (d);

21 (2) by redesignating section 2331 (as in effect

22 prior to enactment of the Military Construction Ap23 propriations Act, 1991) as section 2332 and amend24 ing the heading for section 2332, as redesignated, to

25 read as follows:
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1 ‘‘§ 2332. Criminal penalties’’;

2 (3) by inserting before section 2332, as redesig3 nated by paragraph (2), the following new section:

4 ‘‘§ 2331. Definitions

5 ‘‘As used in this chapter—

6 ‘‘(1) the term ‘act of war’ means any act occur7 ring in the course of—

8 ‘‘(A) declared war;

9 ‘‘(B) armed conflict, whether or not war

10 has been declared, between two or more na11 tions; or

12 ‘‘(C) armed conflict between military forces

13 of any origin;

14 ‘‘(2) the term ‘international terrorism’ means

15 activities that—

16 ‘‘(A) involve violent acts or acts dangerous

17 to human life that are a violation of the crimi18 nal laws of the United States or of any State,

19 or that would be a criminal violation if commit20 ted within the jurisdiction of the United States

21 or of any State;

22 ‘‘(B) appear to be intended—

23 ‘‘(i) to intimidate or coerce a civilian

24 population;

25 ‘‘(ii) to influence the policy of a gov26 ernment by intimidation or coercion; or
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1 ‘‘(iii) to affect the conduct of a gov2 ernment by assassination or kidnapping;

3 and

4 ‘‘(C) occur primarily outside the territorial

5 jurisdiction of the United States, or transcend

6 national boundaries in terms of the means by

7 which they are accomplished, the persons they

8 appear intended to intimidate or coerce, or the

9 locale in which their perpetrators operate or

10 seek asylum;

11 ‘‘(3) the term ‘national of the United States’

12 has the meaning given such term in section

13 101(a)(22) of the Immigration and Nationality Act;

14 and

15 ‘‘(4) the term ‘person’ means any individual or

16 entity capable of holding a legal or beneficial interest

17 in property.’’; and

18 (4) by inserting after section 2332, as redesig19 nated, the following new sections:

20 ‘‘§ 2333. Civil remedies

21 ‘‘(a) ACTION AND JURISDICTION.—Any national of

22 the United States injured in his or her person, property,

23 or business by reason of an act of international terrorism,

24 or his or her estate, survivors, or heirs, may sue therefor

25 in any appropriate district court of the United States and
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1 shall recover threefold the damages he or she sustains and

2 the cost of the suit, including attorney’s fees.

3 ‘‘(b) ESTOPPEL UNDER UNITED STATES LAW.—A

4 final judgment or decree rendered in favor of the United

5 States in any criminal proceeding under section 1116,

6 1201, 1203, or 2332 of this title or section 902 (i), (k),

7 (l), (n), or (r) of the Federal Aviation Act of 1958 (49

8 U.S.C. App. 1472 (i), (k), (l), (n), and (r)) shall estop

9 the defendant from denying the essential allegations of the

10 criminal offense in any subsequent civil proceeding under

11 this section.

12 ‘‘(c) ESTOPPEL UNDER FOREIGN LAW.—A final

13 judgment or decree rendered in favor of any foreign state

14 in any criminal proceeding shall, to the extent that such

15 judgment or decree may be accorded full faith and credit

16 under the law of the United States, estop the defendant

17 from denying the essential allegations of the criminal of18 fense in any subsequent civil proceeding under this sec19 tion.

20 ‘‘§ 2334. Jurisdiction and venue

21 ‘‘(a) GENERAL VENUE.—Any civil action under sec22 tion 2333 of this title against any person may be insti23 tuted in the district court of the United States for any

24 district where any plaintiff resides or where any defendant

25 resides or is served, or has an agent. Process in such a
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1 civil action may be served in any district where the defend2 ant resides, is found, or has an agent.

3 ‘‘(b) SPECIAL MARITIME OR TERRITORIAL JURISDIC4 TION.—If the actions giving rise to the claim occurred

5 within the special maritime and territorial jurisdiction of

6 the United States, any civil action under section 2333

7 against any person may be instituted in the district court

8 of the United States for any district in which any plaintiff

9 resides or the defendant resides, is served, or has an

10 agent.

11 ‘‘(c) SERVICE ON WITNESSES.—A witness in a civil

12 action brought under section 2333 may be served in any

13 other district where the defendant resides, is found, or has

14 an agent.

15 ‘‘(d) CONVENIENCE OF THE FORUM.—The district

16 court shall not dismiss any action brought under section

17 2333 on the grounds of the inconvenience or inappropri18 ateness of the forum chosen, unless—

19 ‘‘(1) the action may be maintained in a foreign

20 court that has jurisdiction over the subject matter

21 and over all the defendants;

22 ‘‘(2) that foreign court is significantly more

23 convenient and appropriate; and
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1 ‘‘(3) that foreign court offers a remedy that is

2 substantially the same as the one available in the

3 courts of the United States.

4 ‘‘§ 2335. Limitation of actions

5 ‘‘(a) IN GENERAL.—Subject to subsection (b), a suit

6 for recovery of damages under section 2333 shall not be

7 maintained unless commenced within 4 years from the

8 date the cause of action accrued.

9 ‘‘(b) CALCULATION OF PERIOD.—The time of the ab10 sence of the defendant from the United States or from

11 any jurisdiction in which the same or a similar action aris12 ing from the same facts may be maintained by the plain13 tiff, or any concealment of the defendant’s whereabouts,

14 shall not be counted for the purposes of the period of limi15 tation prescribed by subsection (a).

16 ‘‘§ 2336. Other limitations

17 ‘‘(a) ACTS OF WAR.—No action shall be maintained

18 under section 2333 for injury or loss by reason of an act

19 of war.

20 ‘‘(b) LIMITATION ON DISCOVERY.—If a party to an

21 action under section 2333 seeks to discover the investiga22 tive files of the Department of Justice, the attorney for

23 the Government may object on the ground that compliance

24 will interfere with a criminal investigation or prosecution

25 of the incident, or a national security operation related
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1 to the incident, which is the subject of the civil litigation.

2 The court shall evaluate any objections raised by the Gov3 ernment in camera and shall stay the discovery if the court

4 finds that granting the discovery request will substantially

5 interfere with a criminal investigation or prosecution of

6 the incident or a national security operation related to the

7 incident. The court shall consider the likelihood of criminal

8 prosecution by the Government and other factors it deems

9 to be appropriate. A stay of discovery under this sub10 section shall constitute a bar to the granting of a motion

11 to dismiss under rules 12(b)(6) and 56 of the Federal

12 Rules of Civil Procedure.

13 ‘‘(c) STAY OF ACTION FOR CIVIL REMEDIES.—(1)

14 The Attorney General may intervene in any civil action

15 brought under section 2333 for the purpose of seeking a

16 stay of the civil action. A stay shall be granted if the court

17 finds that the continuation of the civil action will substan18 tially interfere with a criminal prosecution which involves

19 the same subject matter and in which an indictment has

20 been returned, or interfere with national security oper21 ations related to the terrorist incident that is the subject

22 of the civil action. A stay may be granted for up to 6

23 months. The Attorney General may petition the court for

24 an extension of the stay for additional 6-month periods

25 until the criminal prosecution is completed or dismissed.
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1 ‘‘(2) In a proceeding under this subsection, the Attor2 ney General may request that any order issued by the

3 court for release to the parties and the public omit any

4 reference to the basis on which the stay was sought.

5 ‘‘§ 2337. Suits against Government officials

6 ‘‘No action shall be maintained under section 2333

7 against—

8 ‘‘(1) the United States, an agency of the United

9 States, or an officer or employee of the United

10 States or any agency thereof acting within the offi11 cer’s or employee’s official capacity or under color of

12 legal authority; or

13 ‘‘(2) a foreign state, an agency of a foreign

14 state, or an officer or employee of a foreign state or

15 an agency thereof acting within the officer’s or em16 ployee’s official capacity or under color of legal au17 thority.

18 ‘‘§ 2338. Exclusive Federal jurisdiction

19 ‘‘The district courts of the United States shall have

20 exclusive jurisdiction over an action brought under this

21 chapter.’’.

22 (c) TECHNICAL AMENDMENTS.—(1) The chapter

23 analysis for chapter 113A of title 18, United States Code

24 is amended to read as follows:

‘‘CHAPTER 113A—TERRORISM
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‘‘Sec.

‘‘2331. Definitions.

‘‘2332. Criminal penalties.

‘‘2333. Civil remedies.

‘‘2334. Jurisdiction and venue.

‘‘2335. Limitation of actions.

‘‘2336. Other limitations.

‘‘2337. Suits against government officials.

‘‘2338. Exclusive Federal jurisdiction.’’.

1 (2) The item relating to chapter 113A in the part

2 analysis for part 1 of title 18, United States Code, is

3 amended to read as follows:

‘‘113A. Terrorism ................................................................................ 2331’’.

4 (d) EFFECTIVE DATE.—This section and the amend5 ments made by this section shall apply to any pending case

6 or any cause of action arising on or after 4 years before

7 the date of enactment of this Act.

8 SEC. 502. PROVIDING MATERIAL SUPPORT TO TERRORISTS.

9 (a) OFFENSE.—Chapter 113A of title 18, United

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

12 ‘‘§ 2339. Providing material support to terrorists

13 ‘‘Whoever, within the United States, provides mate14 rial support or resources or conceals or disguises the na15 ture, location, source, or ownership of material support or

16 resources, knowing or intending that they are to be used

17 to facilitate a violation of section 32, 36, 351, 844 (f) or

18 (i), 1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281,

19 2332, or 2339A of this title or section 902(i) of the Fed20 eral Aviation Act of 1958 (49 U.S.C. App. 1472(i)), or
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1 to facilitate the concealment or an escape from the com2 mission of any of the foregoing, shall be fined under this

3 title, imprisoned not more than 10 years, or both. For pur4 poses of this section, material support or resources in5 cludes currency or other financial securities, financial

6 services, lodging, training, safehouses, false documenta7 tion or identification, communications equipment, facili8 ties, weapons, lethal substances, explosives, personnel,

9 transportation, and other physical assets.’’.

10 (b) TECHNICAL AMENDMENT.—The chapter analysis

11 for chapter 113A of title 18, United States Code, as

12 amended by section 501(b)(1), is amended by adding at

13 the end the following new item:

‘‘2339. Providing material support to terrorists.’’.

14 SEC. 503. FORFEITURE OF ASSETS USED TO SUPPORT TER15 RORISTS.

16 (a) CIVIL FORFEITURE.—Section 981(a)(1) of title

17 18, United States Code, is amended by adding at the end

18 the following new subparagraph:

19 ‘‘(F) Any property, real or personal—

20 ‘‘(i) used or intended for use in committing

21 or to facilitate the concealment or an escape

22 from the commission of; or

23 ‘‘(ii) constituting or derived from the gross

24 profits or other proceeds obtained from,
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1 a violation of section 32, 36, 351, 844 (f) or (i),

2 1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281,

3 2332, or 2339A of this title or section 902(i) of the

4 Federal Aviation Act of 1958 (49 U.S.C. 1472(i)).’’.

5 (b) CRIMINAL FORFEITURE.—Section 982(a) of title

6 18, United States Code, is amended by adding at the end

7 the following new paragraph:

8 ‘‘(5) Any property, real or personal—

9 ‘‘(A) used or intended for use in commit10 ting or to facilitate the concealment or an es11 cape from the commission of; or

12 ‘‘(B) constituting or derived from the gross

13 profits or other proceeds obtained from,

14 a violation of section 32, 36, 351, 844 (f) or (i),

15 1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281,

16 2332, or 2339A of this title or section 902(i) of the

17 Federal Aviation Act of 1958 (49 U.S.C. 1472(i)).’’.

18 SEC. 504. ALIEN WITNESS COOPERATION.

19 (a) AMENDMENT OF CHAPTER 224 OF TITLE 18.—

20 Chapter 224 of title 18, United States Code, is amended—

21 (1) by redesignating section 3528 as section

22 3529; and

23 (2) by inserting after section 3527 the following

24 new section:
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1 ‘‘§ 3528. Aliens; waiver of admission requirements

2 ‘‘(a) IN GENERAL.—Upon authorizing protection to

3 any alien under this chapter, the United States shall pro4 vide the alien with appropriate immigration visas and

5 allow the alien to remain in the United States so long as

6 that alien abides by all laws of the United States and

7 guidelines, rules and regulations for protection. The Attor8 ney General may determine that the granting of perma9 nent resident status to such alien is in the public interest

10 and necessary for the safety and protection of such alien

11 without regard to the alien’s admissibility under immigra12 tion or any other laws and regulations or the failure to

13 comply with such laws and regulations pertaining to ad14 missibility.

15 ‘‘(b) ALIEN WITH FELONY CONVICTIONS.—Notwith16 standing any other provision of this chapter, an alien who

17 would not be excluded because of felony convictions shall

18 be considered for permanent residence on a conditional

19 basis for a period of 2 years. Upon a showing that the

20 alien is still being provided protection, or that protection

21 remains available to the alien in accordance with this

22 chapter, or that the alien is still cooperating with the Gov23 ernment and has maintained good moral character, the

24 Attorney General shall remove the conditional basis of the

25 status effective as of the second anniversary of the alien’s

26 obtaining the status of admission for permanent residence.
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1 Permanent resident status shall not be granted to an alien

2 who would be excluded because of felony convictions unless

3 the Attorney General determines, pursuant to regulations

4 which shall be prescribed by the Attorney General, that

5 granting permanent residence status to the alien is nec6 essary in the interests of justice and comports with safety

7 of the community.

8 ‘‘(c) LIMIT ON NUMBER OF ALIENS.—The number

9 of aliens and members of their immediate families entering

10 the United States under the authority of this section shall

11 in no case exceed 200 persons in any fiscal year. The deci12 sion to grant or deny permanent resident status under this

13 section is at the discretion of the Attorney General and

14 shall not be subject to judicial review.

15 ‘‘(d) DEFINITIONS.—As used in this section, the

16 terms ‘alien’ and ‘United States’ have the meanings stated

17 in section 101 of the Immigration and Nationality Act (8

18 U.S.C. 1101).’’.

19 (b) TECHNICAL AMENDMENT.—The chapter analysis

20 for chapter 224 of title 18, United States Code, is amend21 ed by striking the item relating to section 3528 and insert22 ing the following:

‘‘3528. Aliens; waiver of admission requirements.

‘‘3529. Definition.’’.
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1 SEC. 505. TERRITORIAL SEA EXTENDING TO 12 MILES IN2 CLUDED IN SPECIAL MARITIME AND TERRI3 TORIAL JURISDICTION.

4 The Congress declares that all the territorial sea of

5 the United States, as defined by Presidential Proclamation

6 5928 of December 27, 1988, is part of the United States,

7 subject to its sovereignty, and, for purposes of Federal

8 criminal jurisdiction, is within the special maritime and

9 territorial jurisdiction of the United States wherever that

10 term is used in title 18, United States Code.

11 SEC. 506. ASSIMILATED CRIMES IN EXTENDED TERRI12 TORIAL SEA.

13 Section 13 of title 18, United States Code is amend14 ed—

15 (1) in subsection (a), by inserting after ‘‘title’’

16 the following: ‘‘or on, above, or below any portion of

17 the territorial sea of the United States not within

18 the territory of any State, territory, possession, or

19 district’’; and

20 (2) by inserting at the end the following new

21 subsection:

22 ‘‘(c) Whenever any waters of the territorial sea of the

23 United States lie outside the territory of any State, terri24 tory, possession, or district, such waters (including the air25 space above and the seabed and subsoil below, and artifi26 cial islands and fixed structures erected thereon) shall be
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1 deemed for purposes of subsection (a) to lie within the

2 area of the State, territory, possession, or district within

3 which it would lie if the boundaries of the State, territory,

4 possession, or district were extended seaward to the outer

5 limit of the territorial sea of the United States.’’.

6 SEC. 507. JURISDICTION OVER CRIMES AGAINST UNITED

7 STATES NATIONALS ON CERTAIN FOREIGN

8 SHIPS.

9 Section 7 of title 18, United States Code, is amended

10 by inserting at the end the following new paragraph:

11 ‘‘(8) Any foreign vessel during a voyage having

12 a scheduled departure from or arrival in the United

13 States with respect to an offense committed by or

14 against a national of the United States.’’.

15 SEC. 508. PENALTIES FOR INTERNATIONAL TERRORIST

16 ACTS.

17 Section 2332 of title 18, United States Code, as re18 designated by section 501(a)(2), is amended—

19 (1) in subsection (a)—

20 (A) in paragraph (2) by striking ‘‘ten’’ and

21 inserting ‘‘20’’; and

22 (B) in paragraph (3) by striking ‘‘three’’

23 and inserting ‘‘10’’; and

24 (2) in subsection (c) by striking ‘‘five’’ and in25 serting ‘‘10’’.
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1 SEC. 509. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated in each of

3 the fiscal years 1993, 1994, and 1995, in addition to any

4 other amounts specified in appropriations Acts, for

5 counterterrorist operations and programs:

6 (1) for the Federal Bureau of Investigation,

7 $25,000,000;

8 (2) for the Department of State, $10,000,000;

9 (3) for the United States Customs Service,

10 $7,500,000;

11 (4) for the United States Secret Service,

12 $2,500,000;

13 (5) for the Bureau of Alcohol, Tobacco, and

14 Firearms, $2,500,000;

15 (6) for the Federal Aviation Administration,

16 $2,500,000; and

17 (7) for grants to State and local law enforce18 ment agencies, to be administered by the Office of

19 Justice Programs in the Department of Justice, in

20 consultation with the Federal Bureau of Investiga21 tion, $25,000,000.

22 SEC. 510. ENHANCED PENALTIES FOR CERTAIN OFFENSES.

23 (a) INTERNATIONAL ECONOMIC EMERGENCY POW24 ERS ACT.—(1) Section 206(a) of the International Eco25 nomic Emergency Powers Act (50 U.S.C. 1705(a)) is
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1 amended by striking ‘‘$10,000’’ and inserting

2 ‘‘$1,000,000’’.

3 (2) Section 206(b) of the International Economic

4 Emergency Powers Act (50 U.S.C. 1705(b)) is amended

5 by striking ‘‘$50,000’’ and inserting ‘‘$1,000,000’’.

6 (b) SECTION 1541 OF TITLE 18.—Section 1541 of

7 title 18, United States Code, is amended—

8 (1) by striking ‘‘$500’’ and inserting

9 ‘‘$250,000’’; and

10 (2) by striking ‘‘one year’’ and inserting ‘‘5

11 years’’.

12 (c) CHAPTER 75 OF TITLE 18.—Sections 1542,

13 1543, 1544, and 1546 of title 18, United States Code,

14 are each amended—

15 (1) by striking ‘‘$2,000’’ each place it appears

16 and inserting ‘‘$250,000’’; and

17 (2) by striking ‘‘five years’’ each place it ap18 pears and inserting ‘‘10 years’’.

19 (d) SECTION 1545 OF TITLE 18.—Section 1545 of

20 title 18, United States Code, is amended—

21 (1) by striking ‘‘$2,000’’ and inserting

22 ‘‘$250,000’’; and

23 (2) by striking ‘‘three years’’ and inserting ‘‘10

24 years’’.
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1 SEC. 511. SENTENCING GUIDELINES INCREASE FOR TER2 RORIST CRIMES.

3 The United States Sentencing Commission is directed

4 to amend its sentencing guidelines to provide an increase

5 of not less than 3 levels in the base offense level for any

6 felony, whether committed within or outside the United

7 States, that involves or is intended to promote inter8 national terrorism, unless such involvement or intent is

9 itself an element of the crime.

10 SEC. 512. EXTENSION OF THE STATUTE OF LIMITATIONS

11 FOR CERTAIN TERRORISM OFFENSES.

12 (a) IN GENERAL.—Chapter 213 of title 18, United

13 States Code, is amended by inserting after section 3285

14 the following new section:

15 ‘‘§ 3286. Extension of statute of limitations for certain

16 terrorism offenses

17 ‘‘Notwithstanding section 3282, no person shall be

18 prosecuted, tried, or punished for any offense involving a

19 violation of section 32, 36, 112, 351, 1116, 1203, 1361,

20 1751, 2280, 2281, 2332, 2339A, or 2340A of this title

21 or section 902 (i), (j), (k), (l), or (n) of the Federal Avia22 tion Act of 1958 (49 U.S.C. App. 1572 (i), (j), (k), (l),

23 and (n)), unless the indictment is found or the information

24 is instituted within 10 years next after such offense shall

25 have been committed.’’.
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1 (b) TECHNICAL AMENDMENT.—The chapter analysis

2 for chapter 213 of title 18, United States Code, is amend3 ed by inserting after the item relating to section 3285 the

4 following new item:

‘‘3286. Extension of statute of limitations for certain terrorism offenses.’’.

5 SEC. 513. INTERNATIONAL PARENTAL KIDNAPPING.

6 (a) IN GENERAL.—Chapter 55 of title 18, United

7 States Code, is amended by adding at the end the follow8 ing new section:

9 ‘‘§ 1204. International parental kidnapping

10 ‘‘(a) OFFENSE.—Whoever removes a child from the

11 United States or retains a child (who has been in the Unit12 ed States) outside the United States with intent to ob13 struct the lawful exercise of parental rights shall be fined

14 under this title, imprisoned not more than 3 years, or

15 both.

16 ‘‘(b) DEFINITIONS.—As used in this section—

17 ‘‘(1) the term ‘child’ means a person who has

18 not attained the age of 16 years; and

19 ‘‘(2) the term ‘parental rights’, with respect to

20 a child, means the right to physical custody of the

21 child—

22 ‘‘(A) whether joint or sole (and includes

23 visiting rights); and
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1 ‘‘(B) whether arising by operation of law,

2 court order, or legally binding agreement of the

3 parties.

4 ‘‘(c) RULE OF CONSTRUCTION.—This section does

5 not detract from The Hague Convention on the Civil As6 pects of International Parental Child Abduction, done at

7 The Hague on October 25, 1980.’’.

8 (b) TECHNICAL AMENDMENT.—The chapter analysis

9 for chapter 55 of title 18, United States Code, is amended

10 by adding at the end the following new item:

‘‘1204. International parental kidnapping.’’.

11 SEC. 514. STATE COURT PROGRAMS REGARDING INTER12 STATE AND INTERNATIONAL PARENTAL

13 CHILD ABDUCTION.

14 There is authorized to be appropriated $250,000 to

15 carry out under the State Justice Institute Act of 1984

16 (42 U.S.C. 10701 et seq.) national, regional, and in-State

17 training and educational programs dealing with criminal

18 and civil aspects of interstate and international parental

19 child abduction.

20 SEC. 515. FOREIGN MURDER OF UNITED STATES NATION21 ALS.

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

23 States Code, as amended by section 141(a), is amended

24 by adding at the end the following new section:
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1 ‘‘§ 1120. Foreign murder of United States nationals

2 ‘‘(a) OFFENSE.—Whoever kills or attempts to kill a

3 national of the United States while such national is out4 side the United States but within the jurisdiction of an5 other country shall be punished as provided under sections

6 1111, 1112, and 1113.

7 ‘‘(b) APPROVAL OF PROSECUTION.—No prosecution

8 may be instituted against any person under this section

9 except upon the written approval of the Attorney General,

10 the Deputy Attorney General, or an Assistant Attorney

11 General, which function of approving prosecutions may

12 not be delegated. No prosecution shall be approved if pros13 ecution has been previously undertaken by a foreign coun14 try for the same act or omission.

15 ‘‘(c) CRITERIA FOR APPROVAL.—No prosecution

16 shall be approved under this section unless the Attorney

17 General, in consultation with the Secretary of State, deter18 mines that the act or omission took place in a country

19 in which the person is no longer present, and the country

20 lacks the ability to lawfully secure the person’s return. A

21 determination by the Attorney General under this sub22 section is not subject to judicial review.

23 ‘‘(d) ASSISTANCE FROM OTHER AGENCIES.—In the

24 course of the enforcement of this section and notwith25 standing any other law, the Attorney General may request
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1 assistance from any Federal, State, local, or foreign agen2 cy, including the Army, Navy, and Air Force.

3 ‘‘(e) DEFINITION.—As used in this section, the term

4 ‘national of the United States’ has the meaning stated in

5 section 101(a)(22) of the Immigration and Nationality Act

6 (8 U.S.C. 1101(a)(22)).’’.

7 (b) TECHNICAL AMENDMENTS.—(1) Section 1117 of

8 title 18, United States Code, is amended by striking ‘‘or

9 1116’’ and inserting ‘‘1116, or 1120’’.

10 (2) The chapter analysis for chapter 51 of title 18,

11 United States Code, as amended by section 141(b), is

12 amended by adding at the end the following new item:

‘‘1120. Foreign murder of United States nationals.’’.

13 SEC. 516. EXTRADITION.

14 (a) SCOPE.—Section 3181 of title 18, United States

15 Code, is amended—

16 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

17 ‘‘The provisions of this chapter’’; and

18 (2) by adding at the end the following new sub19 sections:

20 ‘‘(b) SURRENDER WITHOUT REGARD TO EXISTENCE

21 OF EXTRADITION TREATY.—This chapter shall be con22 strued to permit, in the exercise of comity, the surrender

23 of persons who have committed crimes of violence against

24 nationals of the United States in foreign countries without

25 regard to the existence of any treaty of extradition with
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1 such foreign government if the Attorney General certifies

2 in writing that—

3 ‘‘(1) evidence has been presented by the foreign

4 government that indicates that, if the offenses had

5 been committed in the United States, they would

6 constitute crimes of violence (as defined under sec7 tion 16); and

8 ‘‘(2) the offenses charged are not of a political

9 nature.

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

11 ‘national of the United States’ has the meaning stated in

12 section 101(a)(22) of the Immigration and Nationality Act

13 (8 U.S.C. 1101(a)(22)).’’.

14 (b) FUGITIVES.—Section 3184 of title 18, United

15 States Code, is amended—

16 (1) in the first sentence by inserting after

17 ‘‘United States and any foreign government,’’ the

18 following: ‘‘or in cases arising under section

19 3181(b),’’;

20 (2) in the first sentence by inserting after

21 ‘‘treaty or convention,’’ the following: ‘‘or provided

22 for under section 3181(b),’’; and

23 (3) in the third sentence by inserting after

24 ‘‘treaty or convention,’’ the following: ‘‘or under sec25 tion 3181(b),’’.
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1 SEC. 517. GAMBLING DEVICES ON UNITED STATES SHIPS.

2 Section 5 of the Act of January 2, 1951 (commonly

3 known as the ‘‘Johnson Act’’) (15 U.S.C. 1175), is

4 amended—

5 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

6 ‘‘It shall be unlawful’’; and

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

9 ‘‘(b) APPLICATION OF SUBSECTION (a).—

10 ‘‘(1) EXCEPTION.—Except as provided in para11 graph (2), subsection (a) does not apply to the re12 pair, transportation, use, or possession of a gam13 bling device on a vessel documented under chapter

14 121 of title 46, United States Code, when the vessel

15 is on a voyage—

16 ‘‘(A) on the high seas; or

17 ‘‘(B) on waters that are within the admi18 ralty and maritime jurisdiction of the United

19 States but out of the jurisdiction of any State.

20 ‘‘(2) VOYAGES AND SEGMENTS BEGINNING AND

21 ENDING IN THE SAME STATE OR POSSESSION.—The

22 exception stated in paragraph (1) does not apply to

23 the repair, transportation, possession, or use of a

24 gambling device on a vessel that is on a voyage or

25 segment of a voyage—
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1 ‘‘(A) that begins and ends in the same

2 State or possession of the United States,

3 ‘‘(B) during which the vessel does not

4 make an intervening stop in another State or

5 possession of the United States or a foreign

6 country,

7 if the State or possession of the United States in

8 which the voyage or segment begins and ends has

9 enacted a statute that prohibits such repair, trans10 portation, possession, or use.’’.

11 SEC. 518. FBI ACCESS TO TELEPHONE SUBSCRIBER INFOR12 MATION.

13 (a) REQUIRED CERTIFICATION.—Section 2709(b) of

14 title 18, United States Code, is amended to read as fol15 lows:

16 ‘‘(b) REQUIRED CERTIFICATION.—

17 ‘‘(1) NAME, ADDRESS, AND LENGTH OF SERV18 ICE ONLY.—The Director of the Federal Bureau of

19 Investigation, or the Director’s designee in a posi20 tion not lower than Deputy Assistant Director, may

21 request the name, address, and length of service of

22 a person or entity if the Director (or designee in a

23 position not lower than Deputy Assistant Director)

24 certifies in writing to the wire or electronic commu-
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1 nication service provider to which the request is

2 made that—

3 ‘‘(A) the information sought is relevant to

4 an authorized foreign counterintelligence inves5 tigation; and

6 ‘‘(B) there are specific and articulable

7 facts giving reason to believe that communica8 tion facilities registered in the name of the per9 son or entity have been used, through the serv10 ices of the provider, in communication with—

11 ‘‘(i) an individual who is engaging or

12 has engaged in international terrorism (as

13 defined in section 101 of the Foreign Intel14 ligence Surveillance Act of 1978 (50

15 U.S.C. 1801)) or clandestine intelligence

16 activities that involve or may involve a vio17 lation of the criminal statutes of the Unit18 ed States; or

19 ‘‘(ii) a foreign power (as defined in

20 section 101 of the Foreign Intelligence

21 Surveillance Act of 1978 (50 U.S.C.

22 1801)) or an agent of a foreign power (as

23 defined in that section) under cir24 cumstances giving reason to believe that

25 the communication concerned international
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1 terrorism (as defined in that section) or

2 clandestine intelligence activities that in3 volve or may involve a violation of the

4 criminal statutes of the United States.

5 ‘‘(2) NAME, ADDRESS, LENGTH OF SERVICE,

6 AND TOLL BILLING RECORDS.—The Director of the

7 Federal Bureau of Investigation, or the Director’s

8 designee in a position not lower than Deputy Assist9 ant Director, may request the name, address, length

10 of service, and toll billing records of a person or en11 tity if the Director (or designee in a position not

12 lower than Deputy Assistant Director) certifies in

13 writing to the wire or electronic communication serv14 ice provider to which the request is made that—

15 ‘‘(A) the name, address, length of service,

16 and toll billing records sought are relevant to

17 an authorized foreign counterintelligence inves18 tigation; and

19 ‘‘(B) there are specific and articulable

20 facts giving reason to believe that the person or

21 entity to whom the information sought pertains

22 is a foreign power (as defined in section 101 of

23 the Foreign Intelligence Surveillance Act of

24 1978 (50 U.S.C. 1801)) or an agent of a for25 eign power (as defined in that section).’’.
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1 (b) REPORT TO JUDICIARY COMMITTEES.—Section

2 2709(e) of title 18, United States Code, is amended by

3 adding after ‘‘Senate’’ the following: ‘‘, and the Committee

4 on the Judiciary of the House of Representatives and the

5 Committee on the Judiciary of the Senate,’’.

6 TITLE VI—SEXUAL VIOLENCE,

7 CHILD ABUSE, AND VICTIMS’

8 RIGHTS

9 Subtitle A—Sexual Violence and

10 Child Abuse

11 SEC. 601. DEFINITION OF SEXUAL ACT FOR VICTIMS BELOW

12 16 YEARS OF AGE.

13 Section 2246(2) of title 18, United States Code, as

14 redesignated by section 137(a)(1), is amended—

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

16 (B);

17 (2) by striking ‘‘and’’ at the end of subpara18 graph (C) and inserting ‘‘or’’; and

19 (3) by adding at the end the following new sub20 paragraph:

21 ‘‘(D) the intentional touching, not through

22 the clothing, of the genitalia of another person

23 who has not attained the age of 16 years with

24 an intent to abuse, humiliate, harass, degrade,
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1 or to arouse or gratify the sexual desire of, any

2 person;’’.

3 SEC. 602. INCREASED PENALTIES FOR RECIDIVIST SEX OF4 FENDERS.

5 (a) PENALTY.—Chapter 109A of title 18, United

6 States Code, as amended by section 137(a), is amended—

7 (1) by redesignating section 2246 as section

8 2247; and

9 (2) by inserting after section 2245 the following

10 new section:

11 ‘‘§ 2246. Penalties for subsequent offenses

12 ‘‘Any person who violates a provision of this chapter

13 after a prior conviction under a provision of this chapter

14 or the law of a State (as defined in section 513) for con15 duct proscribed by this chapter has become final is punish16 able by a term of imprisonment up to twice that otherwise

17 authorized.’’.

18 (b) TECHNICAL AMENDMENT.—The chapter analysis

19 for chapter 109A of title 18, United States Code, as

20 amended by section 137(b), is amended by striking the

21 item relating to section 2246 and inserting the following:

‘‘2246. Penalties for subsequent offenses.

‘‘2247. Definitions for chapter.’’.

22 SEC. 603. RESTITUTION FOR VICTIMS OF SEX OFFENSES.

23 Section 3663(b)(2) of title 18, United States Code,

24 is amended by inserting ‘‘or an offense under chapter
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1 109A or chapter 110’’ after ‘‘an offense resulting in bodily

2 injury to a victim’’.

3 SEC. 604. HIV TESTING AND PENALTY ENHANCEMENT IN

4 SEXUAL ABUSE CASES.

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

6 States Code, as amended by section 602(a), is amended—

7 (1) by redesignating section 2247 as section

8 2248; and

9 (2) by inserting after section 2246 the following

10 new section:

11 ‘‘§ 2247. Testing for human immunodeficiency virus;

12 disclosure of test results to victim; effect

13 on penalty

14 ‘‘(a) TESTING AT TIME OF PRE-TRIAL RELEASE DE15 TERMINATION.—In a case in which a person is charged

16 with an offense under this chapter, a judicial officer issu17 ing an order pursuant to section 3142(a) shall include in

18 the order a requirement that a test for the human

19 immunodeficiency virus be performed upon the person,

20 and that follow-up tests for the virus be performed 6

21 months and 12 months following the date of the initial

22 test, unless the judicial officer determines that the conduct

23 of the person created no risk of transmission of the virus

24 to the victim, and so states in the order. The order shall

25 direct that the initial test be performed within 24 hours,
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1 or as soon thereafter as is feasible. The person shall not

2 be released from custody until the test is performed.

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

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

5 human immunodeficiency virus pursuant to subsection (a),

6 the court may at a later time direct that such a test be

7 performed upon the person, and that follow-up tests be

8 performed 6 months and 12 months following the date of

9 the initial test, if it appears to the court that the conduct

10 of the person may have risked transmission of the virus

11 to the victim. A testing requirement under this subsection

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

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

14 completion of service of the sentence.

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

16 requirement of follow-up testing imposed under this sec17 tion shall be canceled if any test is positive for the virus

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

19 charges under this chapter.

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

21 of any test for the human immunodeficiency virus per22 formed pursuant to an order under this section shall be

23 provided to the judicial officer or court. The judicial offi24 cer or court shall ensure that the results are disclosed to

25 the victim (or to the victim’s parent or legal guardian, as
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1 appropriate), the attorney for the Government, and the

2 person tested.

3 ‘‘(e) EFFECT ON PENALTY.—The United States Sen4 tencing Commission shall amend the sentencing guidelines

5 for sentences for offenses under this chapter to enhance

6 the sentence if the offender knew or had reason to know

7 that the offender was infected with the human

8 immunodeficiency virus, except where the offender did not

9 engage or attempt to engage in conduct creating a risk

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

11 (b) TECHNICAL AMENDMENT.—The chapter analysis

12 for chapter 109A of title 18, United States Code, as

13 amended by section 602(b), is amended by striking the

14 item relating to section 2247 and inserting the following:

‘‘2247. Testing for human immunodeficiency virus; disclosure of test results to

victim; effect on penalty.

‘‘2248. Definitions for chapter.’’.

15 SEC. 605. PAYMENT OF COST OF HIV TESTING FOR VICTIM.

16 Section 503(c)(7) of the Victims’ Rights and Restitu17 tion Act of 1990 (42 U.S.C. 10607(c)(7)) is amended by

18 inserting before the period at the end ‘‘and the cost of

19 up to 2 tests of the victim for the human

20 immunodeficiency virus during the 12 months following

21 the assault’’.
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1 Subtitle B—Victims’ Rights

2 SEC. 611. RESTITUTION AMENDMENTS.

3 (a) Section 3663(b) of title 18, United States Code,

4 is amended—

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

6 (3);

7 (2) by redesignating paragraph (4) as para8 graph (5); and

9 (3) by inserting after paragraph (4) the follow10 ing new paragraph:

11 ‘‘(4) in any case, reimburse the victim for nec12 essary child care, transportation, and other expenses

13 related to participation in the investigation or pros14 ecution of the offense or attendance at proceedings

15 related to the offense; and’’.

16 (b) SUSPENSION OF FEDERAL BENEFITS.—Section

17 3663 of title 18, United States Code, is amended—

18 (1) by redesignating subsections (g) and (h) as

19 subsections (h) and (i), respectively; and

20 (2) by inserting after subsection (f) the follow21 ing new subsection:

22 ‘‘(g)(1) If the defendant is delinquent in making res23 titution in accordance with any schedule of payments or

24 any requirement of immediate payment imposed under

25 this section, the court may, after a hearing, suspend the
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1 defendant’s eligibility for all Federal benefits until such

2 time as the defendant demonstrates to the court good3 faith efforts to return to such schedule.

4 ‘‘(2) For purposes of this subsection—

5 ‘‘(A) the term ‘Federal benefits’—

6 ‘‘(i) means any grant, contract, loan, pro7 fessional license, or commercial license provided

8 by an agency of the United States or by appro9 priated funds of the United States; and

10 ‘‘(ii) does not include any retirement, wel11 fare, Social Security, health, disability, veterans

12 benefit, public housing, or other similar benefit,

13 or any other benefit for which payments or

14 services are required for eligibility; and

15 ‘‘(B) the term ‘veterans benefit’ means all bene16 fits provided to veterans, their families, or survivors

17 by virtue of the service of a veteran in the Armed

18 Forces of the United States.’’.

19 SEC. 612. VICTIM’S RIGHT OF ALLOCUTION IN SENTENCING.

20 Rule 32 of the Federal Rules of Criminal Procedure

21 is amended—

22 (1) by striking ‘‘and’’ at the end of subdivision

23 (a)(1)(B);

24 (2) by striking the period at the end of subdivi25 sion (a)(1)(C) and inserting ‘‘; and’’;
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1 (3) by inserting after subdivision (a)(1)(C) the

2 following:

3 ‘‘(D) if sentence is to be imposed for a crime

4 of violence or sexual abuse, address the victim per5 sonally if the victim is present at the sentencing

6 hearing and determine if the victim wishes to make

7 a statement and to present any information in rela8 tion to the sentence.’’;

9 (4) in the penultimate sentence of subdivision

10 (a)(1) by striking ‘‘equivalent opportunity’’ and in11 serting ‘‘opportunity equivalent to that of the de12 fendant’s counsel’’;

13 (5) in the last sentence of subdivision (a)(1) by

14 inserting ‘‘the victim,’’ before ‘‘, or the attorney for

15 the Government.’’; and

16 (6) by adding at the end the following new sub17 division:

18 ‘‘(f) DEFINITIONS.—For purposes of this rule—

19 ‘‘(1) ‘crime of violence or sexual abuse’ means

20 a crime that involved the use or attempted or threat21 ened use of physical force against the person or

22 property of another, or a crime under chapter 109A

23 of title 18, United States Code; and

24 ‘‘(2) ‘victim’ means an individual against whom

25 an offense for which a sentence is to be imposed has
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1 been committed, but the right of allocution under

2 subdivision (a)(1)(D) may be exercised instead by—

3 ‘‘(A) a parent or legal guardian if the vic4 tim is below the age of 18 years or incompetent;

5 or

6 ‘‘(B) one or more family members or rel7 atives designated by the court if the victim is

8 deceased or incapacitated,

9 if such person or persons are present at the sentenc10 ing hearing, regardless of whether the victim is

11 present.’’.

12 SEC. 613. RIGHT OF THE VICTIM TO AN IMPARTIAL JURY.

13 Rule 24(b) of the Federal Rules of Criminal Proce14 dure is amended by striking ‘‘the Government is entitled

15 to 6 peremptory challenges and the defendant or defend16 ants jointly to 10 peremptory challenges’’ and inserting

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

18 SEC. 614. MANDATORY RESTITUTION AND OTHER PROVI19 SIONS.

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

21 18, United States Code, is amended—

22 (1) in subsection (a)—

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

24 ‘‘shall order’’; and
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1 (B) by adding at the end the following new

2 paragraph:

3 ‘‘(4) In addition to ordering restitution of the

4 victim of the offense of which a defendant is con5 victed, a court may order restitution of any person

6 who, as shown by a preponderance of evidence, was

7 harmed physically, emotionally, or pecuniarily, by

8 unlawful conduct of the defendant during—

9 ‘‘(A) the criminal episode during which the

10 offense occurred; or

11 ‘‘(B) the course of a scheme, conspiracy, or

12 pattern of unlawful activity related to the of13 fense.’’;

14 (2) in subsection (b)(1)(A) by striking ‘‘imprac15 tical’’ and inserting ‘‘impracticable’’;

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

17 or’’ after ‘‘resulting in’’;

18 (4) in subsection (c) by striking ‘‘If the Court

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

20 and inserting ‘‘The’’;

21 (5) by striking subsections (d), (e), (f), (h), and

22 (i), as redesignated by section 611(b)(1);

23 (6) by redesignating subsection (g), as added by

24 section 611(b)(2), as subsection (d); and
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1 (7) by adding at the end the following new sub2 sections:

3 ‘‘(e)(1) The court shall order restitution to a victim

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

5 the court and without consideration of—

6 ‘‘(A) the economic circumstances of the of7 fender; or

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

9 entitled to receive compensation with respect to a

10 loss from insurance or any other source.

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

12 owed to each victim, the court shall specify in the restitu13 tion order the manner in which and the schedule according

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

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

16 the offender;

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

18 the offender; and

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

20 including obligations to dependents.

21 ‘‘(3) A restoration order may direct the offender to

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

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

24 agreeable to the victim and the offender.
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1 ‘‘(4) An in-kind payment described in paragraph (3)

2 may be in the form of—

3 ‘‘(A) return of property;

4 ‘‘(B) replacement of property; or

5 ‘‘(C) services rendered to the victim or to a per6 son or organization other than the victim.

7 ‘‘(f) When the court finds that more than 1 offender

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

9 each offender liable for payment of the full amount of res10 titution or may apportion liability among the offenders to

11 reflect the level of contribution and economic cir12 cumstances of each offender.

13 ‘‘(g) When the court finds that more than 1 victim

14 has sustained a loss requiring restitution by an offender,

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

16 provide for different payment schedules to reflect the eco17 nomic circumstances of each victim.

18 ‘‘(h)(1) If the victim has received or is entitled to re19 ceive compensation with respect to a loss from insurance

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

21 be paid to the person who provided or is obligated to pro22 vide the compensation, but the restitution order shall pro23 vide that all restitution of victims required by the order

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

25 such a provider of compensation.
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1 ‘‘(2) The issuance of a restitution order shall not af2 fect the entitlement of a victim to receive compensation

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

4 until the payments actually received by the victim under

5 the restitution order fully compensate the victim for the

6 loss, at which time a person that has provided compensa7 tion to the victim shall be entitled to receive any payments

8 remaining to be paid under the restitution order.

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

10 restitution shall be set off against any amount later recov11 ered as compensatory damages by the victim in—

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

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

14 provided by the law of the State.

15 ‘‘(i) A restitution order shall provide that—

16 ‘‘(1) all fines, penalties, costs, restitution pay17 ments and other forms of transfers of money or

18 property made pursuant to the sentence of the court

19 shall be made by the offender to an entity des20 ignated by the Director of the Administrative Office

21 of the United States Courts for accounting and pay22 ment by the entity in accordance with this sub23 section;
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1 ‘‘(2) the entity designated by the Director of

2 the Administrative Office of the United States

3 Courts shall—

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

5 tracks the offender’s obligations and the cur6 rent status in meeting those obligations, unless,

7 after efforts have been made to enforce the res8 titution order and it appears that compliance

9 cannot be obtained, the court determines that

10 continued recordkeeping under this subpara11 graph would not be useful;

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

13 parties when an offender is 90 days in arrears

14 in meeting those obligations; and

15 ‘‘(C) disburse money received from an of16 fender so that each of the following obligations

17 is paid in full in the following sequence:

18 ‘‘(i) a penalty assessment under sec19 tion 3013;

20 ‘‘(ii) restitution of all victims; and

21 ‘‘(iii) all other fines, penalties, costs,

22 and other payments required under the

23 sentence; and

24 ‘‘(3) the offender shall advise the entity des25 ignated by the Director of the Administrative Office
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1 of the United States Courts of any change in the of2 fender’s address during the term of the restitution

3 order.

4 ‘‘(j) A restitution order shall constitute a lien against

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

6 Federal or State office for the recording of liens against

7 real or personal property.

8 ‘‘(k) Compliance with the schedule of payment and

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

10 any probation, parole, or other form of release of an of11 fender. If a defendant fails to comply with a restitution

12 order, the court may revoke probation or a term of super13 vised release, modify the term or conditions of probation

14 or a term of supervised release, hold the defendant in con15 tempt of court, enter a restraining order or injunction,

16 order the sale of property of the defendant, accept a per17 formance bond, or take any other action necessary to ob18 tain compliance with the restitution order. In determining

19 what action to take, the court shall consider the defend20 ant’s employment status, earning ability, financial re21 sources, the willfulness in failing to comply with the res22 titution order, and any other circumstances that may have

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

24 restitution order.

25 ‘‘(l) An order of restitution may be enforced—
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1 ‘‘(1) by the United States—

2 ‘‘(A) in the manner provided for the collec3 tion and payment of fines in subchapter B of

4 chapter 229; or

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

6 a civil action; and

7 ‘‘(2) by a victim named in the order to receive

8 restitution, in the same manner as a judgment in a

9 civil action.

10 ‘‘(m) A victim or the offender may petition the court

11 at any time to modify a restitution order as appropriate

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

13 offender.’’.

14 (b) PROCEDURE FOR ISSUING ORDER OF RESTITU15 TION.—Section 3664 of title 18, United States Code, is

16 amended—

17 (1) by striking subsection (a);

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

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

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

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

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

23 court to obtain information pertaining to the amount of

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

25 the financial resources of the defendant, the financial
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1 needs and earning ability of the defendant and the defend2 ant’s dependents, and such other factors as the court

3 deems appropriate. The probation service of the court

4 shall include the information collected in the report of

5 presentence investigation or in a separate report, as the

6 court directs.’’; and

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

9 ‘‘(e) The court may refer any issue arising in connec10 tion with a proposed order of restitution to a magistrate

11 or special master for proposed findings of fact and rec12 ommendations as to disposition, subject to a de novo de13 termination of the issue by the court.’’.

14 Subtitle C—Crime Victims Fund

15 SEC. 621. CRIME VICTIMS FUND.

16 (a) ELIMINATION OF FUND CEILINGS AND SUNSET

17 PROVISION.—Section 1402 (c) of the Victims of Crime Act

18 of 1984 (42 U.S.C. 10601(c)) is repealed.

19 (b) ALLOCATIONS.—

20 (1) GENERALLY.—Section 1402(d)(2) of the

21 Victims of Crime Act of 1984 (42 U.S.C.

22 10601(d)(2)) is amended to read as follows:

23 ‘‘(2) The Fund shall be available as follows:

24 ‘‘(A) Of the total deposited in the Fund during

25 a particular fiscal year—
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1 ‘‘(i) the first $10,000,000 shall be avail2 able for grants under section 1404A;

3 ‘‘(ii) the next sums deposited, up to the re4 served portion (as described in subparagraph

5 (C)), shall be made available to the judicial

6 branch for administrative costs to carry out the

7 functions of that branch under sections 3611

8 and 3612 of title 18, United States Code; and

9 ‘‘(iii) of the sums remaining after the allo10 cations under clauses (i) and (ii)—

11 ‘‘(I) 4 percent shall be available for

12 grants under section 1404(c)(1); and

13 ‘‘(II) 96 percent shall be available in

14 equal amounts for grants under sections

15 1403 and 1404(a).

16 ‘‘(B) The Director may retain any portion of

17 the Fund that was deposited during a fiscal year

18 that is in excess of 110 percent of the total amount

19 deposited in the Fund during the preceding fiscal

20 year as a reserve for use in a year in which the

21 Fund falls below the amount available in the pre22 vious year. Such reserve may not exceed

23 $20,000,000.

24 ‘‘(C) The reserved portion referred to in sub25 paragraph (A) is $6,200,000 in each of fiscal years
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1 1993 through 1996 and $3,000,000 in each fiscal

2 year thereafter.’’.

3 (2) CONFORMING CROSS-REFERENCE.—Section

4 1402(g)(1) of the Victims of Crime Act of 1984 (42

5 U.S.C. 10601(g)(1)) is amended by striking ‘‘(iv)’’

6 and inserting ‘‘(i)’’.

7 (c) AMOUNTS AWARDED AND UNSPENT.—Section

8 1402(e) of the Victims of Crime Act of 1984 (42 U.S.C.

9 10601(e)) is amended—

10 (1) in paragraph (1)—

11 (A) by striking ‘‘(1) Except as provided in

12 paragraph (2), any’’ and inserting ‘‘Any’’;

13 (B) by striking ‘‘succeeding fiscal year’’

14 and inserting ‘‘2 succeeding fiscal years’’;

15 (C) by striking ‘‘which year’’ and inserting

16 ‘‘which period’’; and

17 (D) by striking ‘‘the general fund of the

18 Treasury’’ and inserting ‘‘the Fund’’; and

19 (2) by striking paragraph (2).

20 SEC. 622. PERCENTAGE CHANGE IN CRIME VICTIM COM21 PENSATION FORMULA.

22 Section 1403(a)(1) of the Victims of Crime Act of

23 1984 (42 U.S.C. 10602(a)(1)) is amended by striking ‘‘40

24 percent’’ and inserting ‘‘45 percent’’.
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1 SEC. 623. ADMINISTRATIVE COSTS FOR CRIME VICTIM COM2 PENSATION.

3 (a) CREATION OF EXCEPTION.—The last sentence of

4 section 1403(a)(1) of the Victims of Crime Act of 1984

5 (42 U.S.C. 10602(a)(1)) is amended by striking ‘‘A

6 grant’’ and inserting ‘‘Except as provided in paragraph

7 (3), a grant’’.

8 (b) REQUIREMENTS OF EXCEPTION.—Section

9 1403(a) of the Victims of Crime Act of 1984 (42 U.S.C.

10 10602(a)) is amended by adding at the end the following

11 new paragraph:

12 ‘‘(3) The Director may permit not more than 5 per13 cent of a grant made under this section to be used for

14 the administration of the crime victim compensation pro15 gram receiving the grant.’’.

16 SEC. 624. RELATIONSHIP OF CRIME VICTIM COMPENSA17 TION TO CERTAIN FEDERAL PROGRAMS.

18 Section 1403 of the Victims of Crime Act of 1984

19 (42 U.S.C. 10602) is amended by adding at the end the

20 following new subsection:

21 ‘‘(e) Notwithstanding any other law, if the compensa22 tion paid by an eligible crime victim compensation pro23 gram would cover costs that a Federal program, or a fed24 erally financed State or local program, would otherwise

25 pay—
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1 ‘‘(1) such crime victim compensation program

2 shall not pay that compensation; and

3 ‘‘(2) the other program shall make its payments

4 without regard to the existence of the crime victim

5 compensation program.’’.

6 SEC. 625. USE OF UNSPENT SECTION 1403 MONEY.

7 Section 1404(a)(1) of the Victims of Crime Act of

8 1984 (42 U.S.C. 10603(a)(1)) is amended—

9 (1) by striking ‘‘or for the purpose of grants

10 under section 1403 but not used for that purpose,’’;

11 and

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

13 Director, in the Director’s discretion, may use

14 amounts made available under section 1402(d)(2)

15 for the purposes of grants under section 1403 but

16 not used for that purpose, for grants under this sub17 section, either in the year such amounts are not so

18 used, or the next year.’’.

19 SEC. 626. UNDERSERVED VICTIMS.

20 Section 1404(a) of the Victims of Crime Act of 1984

21 (42 U.S.C. 10603(a)) is amended by adding at the end

22 the following new paragraph:

23 ‘‘(6) In making the certification required by para24 graph (2)(B), the chief executive shall give particular at-
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1 tention to children who are victims of violent street

2 crime.’’.

3 SEC. 627. GRANTS FOR DEMONSTRATION PROJECTS.

4 Section 1404(c)(1)(A) of the Victims of Crime Act

5 of 1984 (42 U.S.C. 10603(c)(1)(A)) is amended by insert6 ing ‘‘demonstration projects and’’ before ‘‘training’’.

7 SEC. 628. ADMINISTRATIVE COSTS FOR CRIME VICTIM AS8 SISTANCE.

9 Section 1404(a) of the Victims of Crime Act of 1984

10 (42 U.S.C. 10603(A)), as amended by section 626, is

11 amended—

12 (1) in paragraph (1) by inserting ‘‘, except as

13 provided in paragraph (7)’’ after ‘‘programs’’; and

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

15 paragraph:

16 ‘‘(7) The Director may permit not more than 5 per17 cent of sums provided under this subsection to be used

18 by the chief executive of each State for the administration

19 of such sums.’’.

20 SEC. 629. CHANGE OF DUE DATE FOR REQUIRED REPORT.

21 Section 1407(g) of the Victims of Crime Act of 1984

22 (42 U.S.C. 10604(g)) is amended—

23 (1) by striking ‘‘December 31, 1990’’ and in24 serting ‘‘May 31, 1993’’; and
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1 (2) by striking ‘‘December 31’’ the second place

2 it appears and inserting ‘‘May 31’’.

3 SEC. 630. MAINTENANCE OF EFFORT.

4 Section 1407 of the Victims of Crime Act of 1984

5 (42 U.S.C. 10604) is amended by adding at the end the

6 following new subsection:

7 ‘‘(h) Each entity receiving sums made available under

8 this Act for administrative purposes shall certify that such

9 sums will not be used to supplant State or local funds,

10 but will be used to increase the amount of such funds that

11 would, in the absence of Federal funds, be made available

12 for these purposes.’’.

13 SEC. 631. DELAYED EFFECTIVE DATE FOR CERTAIN PROVI14 SIONS.

15 Sections 721(b), 722, 723, and 728, and the amend16 ments made by those sections, shall take effect with re17 spect to the first fiscal year that begins after the date of

18 enactment of this Act for which the Director certifies that

19 there are sufficient sums in the Victim Assistance Fund

20 and the Victims Compensation Fund, as of the end of the

21 previous fiscal year, to make the allocations required

22 under such sections and amendments without reducing the

23 then current funding levels of programs supported by such

24 Funds.
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1 Subtitle D—National Child

2 Protection Act

3 SEC. 641. SHORT TITLE.

4 This subtitle may be cited as the ‘‘National Child

5 Protection Act of 1993’’.

6 SEC. 642. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—The Congress finds that—

8 (1) more than 2,500,000 reports of suspected

9 child abuse and neglect are made each year, and in10 creases have occurred in recent years in the abuse

11 of children by persons who have previously commit12 ted crimes of child abuse or other serious crimes;

13 (2) although the great majority of child care

14 providers are caring and dedicated professionals,

15 child abusers and others who harm or prey on chil16 dren frequently seek employment in or volunteer for

17 positions that give them access to children;

18 (3) nearly 6,000,000 children received day care

19 in 1990, and this total is growing rapidly to an esti20 mated 8,000,000 children by 1995;

21 (4) exposure to child abusers and others who

22 harm or prey on children is harmful to the physical

23 and emotional well-being of children;

24 (5) there is no reliable, centralized national

25 source through which child care organizations may
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1 obtain the benefit of a nationwide criminal back2 ground check on persons who provide or seek to pro3 vide child care;

4 (6) some States maintain automated criminal

5 background files and provide criminal history infor6 mation to child care organizations on persons who

7 provide or seek to provide child care; and

8 (7) because State and national criminal justice

9 databases are inadequate to permit effective national

10 background checks, persons convicted of crimes of

11 child abuse or other serious crimes may gain em12 ployment at a child care organization.

13 (b) PURPOSES.—The purposes of this Act are—

14 (1) to establish a national system through

15 which child care organizations may obtain the bene16 fit of a nationwide criminal background check to de17 termine if persons who are current or prospective

18 child care providers have committed child abuse

19 crimes or other serious crimes;

20 (2) to establish minimum criteria for State laws

21 and procedures that permit child care organizations

22 to obtain the benefit of nationwide criminal back23 ground checks to determine if persons who are cur24 rent or prospective child care providers have commit25 ted child abuse crimes or other serious crimes;
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1 (3) to provide procedural rights for persons who

2 are subject to nationwide criminal background

3 checks, including procedures to challenge and correct

4 inaccurate background check information;

5 (4) to establish a national system for the re6 porting by the States of child abuse crime informa7 tion; and

8 (5) to document and study the problem of child

9 abuse by providing statistical and informational data

10 on child abuse and related crimes to the Department

11 of Justice and other interested parties.

12 SEC. 643. DEFINITIONS.

13 For the purposes of this subtitle—

14 (1) the term ‘‘authorized agency’’ means a divi15 sion or office of a State designated by a State to re16 port, receive, or disseminate information under this

17 Act;

18 (2) the term ‘‘background check crime’’ means

19 a child abuse crime, murder, manslaughter, aggra20 vated assault, kidnapping, arson, sexual assault, do21 mestic violence, incest, indecent exposure, prostitu22 tion, promotion of prostitution, and a felony offense

23 involving the use or distribution of a controlled sub24 stance;
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1 (3) the term ‘‘child’’ means a person who is a

2 child for purposes of the criminal child abuse law of

3 a State;

4 (4) the term ‘‘child abuse’’ means the physical

5 or mental injury, sexual abuse or exploitation, ne6 glectful treatment, negligent treatment, or maltreat7 ment of a child by any person in violation of the

8 criminal child abuse laws of a State, but does not in9 clude discipline administered by a parent or legal

10 guardian to his or her child provided it is reasonable

11 in manner and moderate in degree and otherwise

12 does not constitute cruelty;

13 (5) the term ‘‘child abuse crime’’ means a crime

14 committed under any law of a State that establishes

15 criminal penalties for the commission of child abuse

16 by a parent or other family member of a child or by

17 any other person;

18 (6) the term ‘‘child abuse crime information’’

19 means the following facts concerning a person who

20 is under indictment for, or has been convicted of, a

21 child abuse crime: full name, social security number,

22 age, race, sex, date of birth, height, weight, hair and

23 eye color, legal residence address, a brief description

24 of the child abuse crime or offenses for which the

25 person is under indictment or has been convicted,
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1 and any other information that the Attorney General

2 determines may be useful in identifying persons

3 under indictment for, or convicted of, a child abuse

4 crime;

5 (7) the term ‘‘child care’’ means the provision

6 of care, treatment, education, training, instruction,

7 supervision, or recreation to children;

8 (8) the term ‘‘domestic violence’’ means a fel9 ony or misdemeanor involving the use or threatened

10 use of force by—

11 (A) a present or former spouse of the vic12 tim;

13 (B) a person with whom the victim shares

14 a child in common;

15 (C) a person who is cohabiting with or has

16 cohabited with the victim as a spouse; or

17 (D) any person defined as a spouse of the

18 victim under the domestic or family violence

19 laws of a State;

20 (9) the term ‘‘exploitation’’ means child pornog21 raphy and child prostitution;

22 (10) the term ‘‘mental injury’’ means harm to

23 a child’s psychological or intellectual functioning,

24 which may be exhibited by severe anxiety, depres25 sion, withdrawal or outward aggressive behavior, or
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1 a combination of those behaviors or by a change in

2 behavior, emotional response, or cognition;

3 (11) the term ‘‘national criminal background

4 check system’’ means the system of information and

5 identification relating to convicted and accused child

6 abuse offenders that is maintained by the Attorney

7 General under this subtitle;

8 (12) the term ‘‘negligent treatment’’ means the

9 failure to provide, for a reason other than poverty,

10 adequate food, clothing, shelter, or medical care so

11 as to seriously endanger the physical health of a

12 child;

13 (13) the term ‘‘physical injury’’ includes lacera14 tions, fractured bones, burns, internal injuries, se15 vere bruising, and serious bodily harm;

16 (14) the term ‘‘provider’’ means

17 (A) a person who—

18 (i) is employed by or volunteers with

19 a qualified entity;

20 (ii) who owns or operates a qualified

21 entity; or

22 (iii) who has or may have unsuper23 vised access to a child to whom the quali24 fied entity provides child care; and

25 (B) a person who—
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1 (i) seeks to be employed by or volun2 teer with a qualified entity;

3 (ii) seeks to own or operate a qualified

4 entity; or

5 (iii) seeks to have or may have unsu6 pervised access to a child to whom the

7 qualified entity provides child care;

8 (15) the term ‘‘qualified entity’’ means a busi9 ness or organization, whether public, private, for10 profit, not-for-profit, or voluntary, that provides

11 child care or child care placement services, including

12 a business or organization that licenses or certifies

13 others to provide child care or child care placement

14 services;

15 (16) the term ‘‘sex crime’’ means an act of sex16 ual abuse that is a criminal act;

17 (17) the term ‘‘sexual abuse’’ includes the em18 ployment, use, persuasion, inducement, enticement,

19 or coercion of a child to engage in, or assist another

20 person to engage in, sexually explicit conduct or the

21 rape, molestation, prostitution, or other form of sex22 ual exploitation of children or incest with children;

23 and

24 (18) the term ‘‘State’’ means a State, the Dis25 trict of Columbia, the Commonwealth of Puerto
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1 Rico, American Samoa, the Virgin Islands, Guam,

2 and the Trust Territories of the Pacific.

3 SEC. 644. REPORTING BY THE STATES.

4 (a) IN GENERAL.—An authorized agency of a State

5 shall report child abuse crime information to the national

6 criminal background check system.

7 (b) PROVISION OF STATE CHILD ABUSE CRIME

8 RECORDS TO THE NATIONAL CRIMINAL BACKGROUND

9 CHECK SYSTEM.—(1) Not later than 180 days after the

10 date of enactment of this Act, the Attorney General

11 shall—

12 (A) investigate the criminal records of each

13 State and determine for each State a timetable by

14 which the State should be able to provide child

15 abuse crime records on an on-line capacity basis to

16 the national criminal background check system;

17 (B) establish guidelines for the reporting of

18 child abuse crime information, including guidelines

19 relating to the format, content, and accuracy of child

20 abuse crime information and other procedures for

21 carrying out this subtitle; and

22 (C) notify each State of the determinations

23 made pursuant to subparagraphs (A) and (B).

24 (2) The Attorney General shall require as a part of

25 the State timetable that the State—
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1 (A) achieve, by not later than the date that is

2 3 years after the date of enactment of this Act, at

3 least 80 percent currency of child abuse crime case

4 dispositions in computerized criminal history files for

5 all child abuse crime cases in which there has been

6 an entry of activity within the last 5 years; and

7 (B) continue to maintain such a system.

8 (c) EXCHANGE OF INFORMATION.—An authorized

9 agency of a State shall maintain close liaison with the Na10 tional Center on Child Abuse and Neglect, the National

11 Center for Missing and Exploited Children, and the Na12 tional Center for the Prosecution of Child Abuse for the

13 exchange of information and technical assistance in cases

14 of child abuse.

15 (d) ANNUAL SUMMARY.—(1) The Attorney General

16 shall publish an annual statistical summary of the child

17 abuse crime information reported under this subtitle.

18 (2) The annual statistical summary described in

19 paragraph (1) shall not contain any information that may

20 reveal the identity of any particular victim of a crime.

21 (e) ANNUAL REPORT.—The Attorney General shall

22 publish an annual summary of each State’s progress in

23 reporting child abuse crime information to the national

24 criminal background check system.
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1 (f) STUDY OF CHILD ABUSE OFFENDERS.—(1) Not

2 later than 180 days after the date of enactment of this

3 Act, the Administrator of the Office of Juvenile Justice

4 and Delinquency Prevention shall begin a study based on

5 a statistically significant sample of convicted child abuse

6 offenders and other relevant information to determine—

7 (A) the percentage of convicted child abuse of8 fenders who have more than 1 conviction for an of9 fense involving child abuse;

10 (B) the percentage of convicted child abuse of11 fenders who have been convicted of an offense in12 volving child abuse in more than 1 State;

13 (C) whether there are crimes or classes of

14 crimes, in addition to those defined as background

15 check crimes in section 643, that are indicative of a

16 potential to abuse children; and

17 (D) the extent to which and the manner in

18 which instances of child abuse form a basis for con19 victions for crimes other than child abuse crimes.

20 (2) Not later than 1 year after the date of enactment

21 of this Act, the Administrator shall submit a report to the

22 Chairman of the Committee on the Judiciary of the Senate

23 and the Chairman of the Committee on the Judiciary of

24 the House of Representatives containing a description of
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1 and a summary of the results of the study conducted pur2 suant to paragraph (1).

3 SEC. 645. BACKGROUND CHECKS.

4 (a) IN GENERAL.—(1) A State may have in effect

5 procedures (established by or under State statute or regu6 lation) to permit a qualified entity to contact an author7 ized agency of the State to request a nationwide back8 ground check for the purpose of determining whether

9 there is a report that a provider is under indictment for,

10 or has been convicted of, a background check crime.

11 (2) The authorized agency shall access and review

12 State and Federal records of background check crimes

13 through the national criminal background check system

14 and other criminal justice recordkeeping systems and shall

15 respond promptly to the inquiry.

16 (b) GUIDELINES.—(1) The Attorney General shall es17 tablish guidelines for State background check procedures

18 established under subsection (a), including procedures for

19 carrying out the purposes of this subtitle.

20 (2) The guidelines established under paragraph (1)

21 shall require—

22 (A) that no qualified entity may request a back23 ground check of a provider under subsection (a) un24 less the provider first completes and signs a state25 ment that—
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1 (i) contains the name, address, and date of

2 birth appearing on a valid identification docu3 ment (as defined by section 1028(d)(1) of title

4 18, United States Code) of the provider;

5 (ii) the provider is not under indictment

6 for, and has not been convicted of, a back7 ground check crime and, if the provider is

8 under indictment for or has been convicted of

9 a background check crime, contains a descrip10 tion of the crime and the particulars of the in11 dictment or conviction;

12 (iii) notifies the provider that the entity

13 may request a background check under sub14 section (a);

15 (iv) notifies the provider of the provider’s

16 rights under subparagraph (B); and

17 (v) notifies the provider that prior to the

18 receipt of the background check the qualified

19 entity may choose to deny the provider unsuper20 vised access to a child to whom the qualified en21 tity provides child care;

22 (B) that each State establish procedures under

23 which a provider who is the subject of a background

24 check under subsection (a) is entitled—
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1 (i) to obtain a copy of any background

2 check report and any record that forms the

3 basis for any such report; and

4 (ii) to challenge the accuracy and com5 pleteness of any information contained in any

6 such report or record and obtain a prompt de7 termination from an authorized agency as to

8 the validity of such challenge;

9 (C) that an authorized agency to which a quali10 fied entity has provided notice pursuant to sub11 section (a) make reasonable efforts to complete re12 search in whatever State and local recordkeeping

13 systems are available and in the national criminal

14 background check system and respond to the quali15 fied entity within 15 business days;

16 (D) that the response of an authorized agency

17 to an inquiry pursuant to subsection (a) inform the

18 qualified entity that the background check pursuant

19 to this section—

20 (i) may not reflect all indictments or con21 victions for a background check crime;

22 (ii) is not certain to include arrest infor23 mation; and

24 (iii) should not be the sole basis for deter25 mining the fitness of a provider;
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1 (E) that the response of an authorized agency

2 to an inquiry pursuant to subsection (a)—

3 (i) at a minimum, state whether the back4 ground check information set forth in the iden5 tification document required under subpara6 graph (A) is complete and accurate; and

7 (ii) be limited to the information reason8 ably required to accomplish the purposes of this

9 subtitle;

10 (F) that no qualified entity may take action ad11 verse to a provider, except that the qualified entity

12 may choose to deny the provider unsupervised access

13 to a child to whom the qualified entity provides child

14 care, on the basis of a background check under sub15 section (a) until the provider has obtained a deter16 mination as to the validity of any challenge under

17 subparagraph (B) or waived the right to make such

18 challenge;

19 (G) that each State establish procedures to en20 sure that any background check under subsection

21 (a) and the results thereof shall be requested by and

22 provided only to—

23 (i) qualified entities identified by States;
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1 (ii) authorized representatives of a quali2 fied entity who have a need to know such infor3 mation;

4 (iii) the providers;

5 (iv) law enforcement authorities; or

6 (v) pursuant to the direction of a court of

7 law;

8 (H) that background check information con9 veyed to a qualified entity pursuant to subsection (a)

10 shall not be conveyed to any person except as pro11 vided under subparagraph (G);

12 (I) that an authorized agency shall not be liable

13 in an action at law for damages for failure to pre14 vent a qualified entity from taking action adverse to

15 a provider on the basis of a background check; and

16 (J) that a State employee or a political subdivi17 sion of a State or employee thereof responsible for

18 providing information to the national criminal back19 ground check system shall not be liable in an action

20 at law for damages for failure to prevent a qualified

21 entity from taking action adverse to a provider on

22 the basis of a background check.

23 (c) EQUIVALENT PROCEDURES.—(1) Notwithstand24 ing anything to the contrary in this section, the Attorney

25 General may certify that a State licensing or certification
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1 procedure that differs from the procedures described in

2 subsections (a) and (b) shall be deemed to be the equiva3 lent of such procedures for purposes of this subtitle, but

4 the procedures described in subsections (a) and (b) shall

5 continue to apply to those qualified entities, providers, and

6 background check crimes that are not governed by or in7 cluded within the State licensing or certification proce8 dure.

9 (2) The Attorney General shall by regulation estab10 lish criteria for certifications under this subsection. Such

11 criteria shall include a finding by the Attorney General

12 that the State licensing or certification procedure accom13 plishes the purposes of this subtitle and incorporates a na14 tionwide review of State and Federal records of back15 ground check offenses through the national criminal back16 ground check system.

17 (d) RECORDS EXCHANGE.—The Attorney General

18 may exchange Federal Bureau of Investigation identifica19 tion records with authorized agencies for purposes of back20 ground checks under subsection (a) and may by regulation

21 authorize further dissemination of such records by author22 ized agencies for such purposes.

23 (e) REGULATIONS.—(1) The Attorney General shall

24 by regulation prescribe such other measures as may be

25 required to carry out the purposes of this subtitle, includ-
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1 ing measures relating to the security, confidentiality, accu2 racy, use, misuse, and dissemination of information, and

3 audits and recordkeeping.

4 (2) The Attorney General shall, to the maximum ex5 tent possible, encourage the use of the best technology

6 available in conducting background checks.

7 SEC. 646. FUNDING FOR IMPROVEMENT OF CHILD ABUSE

8 CRIME INFORMATION.

9 (a) USE OF FORMULA GRANTS FOR IMPROVEMENTS

10 IN STATE RECORDS AND SYSTEMS.—Section 509(b) of

11 title I of the Omnibus Crime Control and Safe Streets Act

12 of 1968 (42 U.S.C. 3759(b)) is amended—

13 (1) in paragraph (2) by striking ‘‘and’’ after

14 the semicolon;

15 (2) in paragraph (3) by striking the period and

16 inserting ‘‘; and’’; and

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

18 paragraph:

19 ‘‘(4) the improvement of State record systems

20 and the sharing of all of the records described in

21 paragraphs (1), (2), and (3) and the records re22 quired by the Attorney General under section 744 of

23 the National Child Protection Act of 1993 with the

24 Attorney General for the purpose of implementing

25 the National Child Protection Act of 1993.’’.
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1 (b) ADDITIONAL FUNDING GRANTS FOR THE IM2 PROVEMENT OF CHILD ABUSE CRIME INFORMATION.—

3 (1) The Attorney General shall, subject to appropriations

4 and with preference to States that as of the date of enact5 ment of this Act have the lowest percent currency of case

6 dispositions in computerized criminal history files, make

7 a grant to each State to be used—

8 (A) for the computerization of criminal history

9 files for the purposes of this subtitle;

10 (B) for the improvement of existing computer11 ized criminal history files for the purposes of this

12 subtitle;

13 (C) to improve accessibility to the national

14 criminal background check system for the purposes

15 of this subtitle; and

16 (D) to assist the State in the transmittal of

17 criminal records to, or the indexing of criminal his18 tory records in, the national criminal background

19 check system for the purposes of this subtitle.

20 (2) There are authorized to be appropriated for

21 grants under paragraph (1) a total of $20,000,000 for fis22 cal years 1993, 1994, and 1995.

23 (c) WITHHOLDING STATE FUNDS.—Effective 1 year

24 after the date of enactment of this Act, the Attorney Gen25 eral may reduce by up to 10 percent the allocation to a
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1 State for a fiscal year under title I of the Omnibus Crime

2 Control and Safe Streets Act of 1968 of a State that is

3 not in compliance with the timetable established for that

4 State under section 644 of this Act.

5 Subtitle E—Jacob Wetterling

6 Crimes Against Children Reg7 istration Act

8 SEC. 651. SHORT TITLE.

9 This subtitle may be cited as the ‘‘Jacob Wetterling

10 Crimes Against Children Registration Act’’.

11 SEC. 652. ESTABLISHMENT OF PROGRAM.

12 (a) IN GENERAL.—

13 (1) STATE GUIDELINES.—The Attorney General

14 shall establish guidelines for State programs requir15 ing any person who is convicted of a criminal offense

16 against a victim who is a minor to register a current

17 address with a designated State law enforcement

18 agency for 10 years after release from prison, being

19 placed on parole, or being placed on supervised re20 lease.

21 (2) DEFINITION.—For purposes of this sub22 section, the term ‘‘criminal offense against a victim

23 who is a minor’’ includes—

24 (A) kidnapping of a minor, except by a

25 noncustodial parent;
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1 (B) false imprisonment of a minor, except

2 by a noncustodial parent;

3 (C) criminal sexual conduct toward a

4 minor;

5 (D) solicitation of minors to engage in sex6 ual conduct;

7 (E) use of minors in a sexual performance;

8 or

9 (F) solicitation of minors to practice pros10 titution.

11 (b) REGISTRATION REQUIREMENT UPON RELEASE,

12 PAROLE, OR SUPERVISED RELEASE.—An approved State

13 registration program established by this section shall con14 tain the following requirements:

15 (1) NOTIFICATION.—If a person who is re16 quired to register under this section is released from

17 prison, paroled, or placed on supervised release, a

18 State prison officer shall—

19 (A) inform the person of the duty to reg20 ister;

21 (B) inform the person that if the person

22 changes residence address, the person shall give

23 the new address to a designated State law en24 forcement agency in writing within 10 days;
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1 (C) obtain fingerprints and a photograph

2 of the person if these have not already been ob3 tained in connection with the offense that trig4 gers registration; and

5 (D) require the person to read and sign a

6 form stating that the duty of the person to reg7 ister under this section has been explained.

8 (2) TRANSFER OF INFORMATION TO STATE AND

9 THE FBI.—The officer shall, within 3 days after re10 ceipt of information described in paragraph (1), for11 ward it to a designated State law enforcement agen12 cy. The State law enforcement agency shall imme13 diately enter the information into the appropriate

14 State law enforcement record system and notify the

15 appropriate law enforcement agency having jurisdic16 tion where the person expects to reside. The State

17 law enforcement agency shall also immediately

18 transmit the conviction data and fingerprints to the

19 Identification Division of the Federal Bureau of In20 vestigation.

21 (3) ANNUAL VERIFICATION.—On each anniver22 sary of a person’s initial registration date during the

23 period in which the person is required to register

24 under this section, the designated State law enforce25 ment agency shall mail a nonforwardable verification
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1 form to the last reported address of the person. The

2 person shall mail the verification form to the officer

3 within 10 days after receipt of the form. The ver4 ification form shall be signed by the person, and

5 state that the person still resides at the address last

6 reported to the designated State law enforcement

7 agency. If the person fails to mail the verification

8 form to the designated State law enforcement agen9 cy within 10 days after receipt of the form, the per10 son shall be in violation of this section unless the

11 person proves that the person has not changed his

12 or her residence address.

13 (4) NOTIFICATION OF LOCAL LAW ENFORCE14 MENT AGENCIES OF CHANGES IN ADDRESS.—Any

15 change of address by a person required to register

16 under this section reported to the designated State

17 law enforcement agency shall immediately be re18 ported to the appropriate law enforcement agency

19 having jurisdiction where the person is residing.

20 (c) REGISTRATION FOR 10 YEARS.—A person re21 quired to register under this section shall continue to com22 ply with this section until 10 years have elapsed since the

23 person was released from imprisonment, or placed on pa24 role or supervised release.
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1 (d) PENALTY.—A person required to register under

2 a State program established pursuant to this section who

3 knowingly fails to so register and keep such registration

4 current shall be subject to criminal penalties in such State.

5 It is the sense of Congress that such penalties should in6 clude at least 6 months’ imprisonment.

7 (e) PRIVATE DATA.—The information provided under

8 this section is private data on individuals and may be used

9 for law enforcement purposes and confidential background

10 checks conducted with fingerprints for child care services

11 providers.

12 SEC. 653. STATE COMPLIANCE.

13 (a) COMPLIANCE DATE.—Each State shall have 3

14 years from the date of the enactment of this Act in which

15 to implement this subtitle.

16 (b) INELIGIBILITY FOR FUNDS.—The allocation of

17 funds under section 506 of title I of the Omnibus Crime

18 Control and Safe Streets Act of 1968 (42 U.S.C. 3756)

19 received by a State not complying with this subtitle 3

20 years after the date of enactment of this Act shall be re21 duced by 25 percent and the unallocated funds shall be

22 reallocated to the States in compliance with this section.
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1 Subtitle F—Domestic Violence

2 SEC. 661. DOMESTIC VIOLENCE GRANTS.

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

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

5 et seq.), as amended by section 523(a), is amended—

6 (1) by redesignating part Q as part R;

7 (2) by redesignating section 1701 as section

8 1801; and

9 (3) by inserting after part P the following new

10 part:

11 ‘‘Part Q—Domestic Violence Intervention

12 ‘‘SEC. 1701. GRANT AUTHORIZATION.

13 ‘‘The Director of the Bureau of Justice Assistance

14 may make grants to 10 States for the purpose of assisting

15 States in implementing a civil and criminal response to

16 domestic violence.

17 ‘‘SEC. 1702. USE OF FUNDS.

18 ‘‘Grants made by the Director under this part shall

19 be used—

20 ‘‘(1) to encourage increased prosecutions for

21 domestic violence crimes;

22 ‘‘(2) to report more accurately the incidences of

23 domestic violence;

24 ‘‘(3) to facilitate arrests and aggressive pros25 ecution policies;
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1 ‘‘(4) to provide legal advocacy services for vic2 tims of domestic violence; and

3 ‘‘(5) to improve the knowledge of health profes4 sionals regarding domestic violence and facilitate co5 operation between health professionals, social service

6 providers, and law enforcement personnel to better

7 assist victims of domestic violence.

8 ‘‘SEC. 1703. APPLICATIONS.

9 ‘‘(a) IN GENERAL.—In order to be eligible to receive

10 a grant under this part for any fiscal year, a State shall

11 submit an application to the Director in such form and

12 containing such information as the Director may reason13 ably require.

14 ‘‘(b) REQUIREMENTS.—An application under sub15 section (a) shall include—

16 ‘‘(1) a request for funds for the purposes de17 scribed in section 1702;

18 ‘‘(2) a description of the programs already in

19 place to combat domestic violence;

20 ‘‘(3) assurances that Federal funds received

21 under this part shall be used to supplement, not

22 supplant, non-Federal funds that would otherwise be

23 available for activities funded under this part; and

24 ‘‘(4) statistical information, if available, in such

25 form and containing such information that the Di-
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1 rector may require regarding domestic violence with2 in that State.

3 ‘‘(c) COMPREHENSIVE PLAN.—An application under

4 subsection (a) shall include a comprehensive plan that

5 shall contain—

6 ‘‘(1) a description of the domestic violence prob7 lem within the State targeted for assistance;

8 ‘‘(2) a description of the projects to be devel9 oped;

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

11 the State to implement the plan together with a de12 scription of the gaps in the plan that cannot be filled

13 with existing resources;

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

15 will be used to fill those gaps; and

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

17 will establish to prevent and reduce domestic vio18 lence.

19 ‘‘SEC. 1704. ALLOCATION OF FUNDS; LIMITATIONS ON

20 GRANTS.

21 ‘‘(a) STATE MAXIMUM.—No State shall receive more

22 than $2,500,000 under this part for any fiscal year.

23 ‘‘(b) ADMINISTRATIVE COST LIMITATION.—The Di24 rector shall use not more than 5 percent of the funds avail-
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1 able under this part for the purposes of administration

2 and technical assistance.

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

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

5 fiscal year during which the recipient receives its initial

6 grant under this part, subject to the availability of funds,

7 if—

8 ‘‘(1) the Director determines that the funds

9 made available to the recipient during the previous

10 year were used in a manner required under the ap11 proved application; and

12 ‘‘(2) the Director determines that an additional

13 grant is necessary to implement the crime prevention

14 program described in the comprehensive plan as re15 quired by section 1703(c).

16 ‘‘SEC. 1705. AWARD OF GRANTS.

17 ‘‘The Director shall consider the following factors in

18 awarding grants to States and shall give preference to

19 States that have—

20 ‘‘(1) a law or policy that requires the arrest of

21 a person who police have probable cause to believe

22 has committed an act of domestic violence or prob23 able cause to believe has violated a civil protection

24 order;
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1 ‘‘(2) a law or policy that discourages dual ar2 rests;

3 ‘‘(3) laws or statewide prosecution policies that

4 authorize and encourage prosecutors to pursue do5 mestic violence cases in which a criminal case can be

6 proved, including proceeding without the active in7 volvement of the victim if necessary;

8 ‘‘(4) statewide guidelines for judges that—

9 ‘‘(A) reduce the automatic issuance of mu10 tual restraining or protective orders in cases

11 where only 1 spouse has sought a restraining or

12 protective order;

13 ‘‘(B) require any history of abuse against

14 a child or against a parent to be considered

15 when making child custody determinations; and

16 ‘‘(C) require judicial training on domestic

17 violence and related civil and criminal court is18 sues;

19 ‘‘(5) policies that provide for the coordination of

20 court and legal victim advocacy services; and

21 ‘‘(6) policies that make existing remedies to do22 mestic violence easily available to victims of domestic

23 violence, including elimination of court fees and the

24 provision of simple court forms.
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1 ‘‘SEC. 1706. REPORTS.

2 ‘‘(a) REPORT TO DIRECTOR.—Each State that re3 ceives funds under this part shall submit to the Director

4 a report not later than March 1 of each year that describes

5 progress achieved in carrying out the plan required under

6 section 1703(c).

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

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

9 in which grants are made available under this part con10 taining—

11 ‘‘(1) a detailed statement regarding grant

12 awards and activities of grant recipients;

13 ‘‘(2) a compilation of statistical information

14 submitted by applicants under section 1703(b)(4);

15 and

16 ‘‘(3) an evaluation of programs established

17 under this part.

18 ‘‘SEC. 1707. DEFINITIONS.

19 ‘‘For the purposes of this part:

20 ‘‘(1) The term ‘Director’ means the Director of

21 the Bureau of Justice Assistance.

22 ‘‘(2) The term ‘domestic violence’ means any

23 act or threatened act of violence, including any

24 forceful detention of an individual, that—

25 ‘‘(A) results or threatens to result in phys26 ical injury; and
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1 ‘‘(B) is committed by an individual against

2 another individual (including an elderly individ3 ual) to whom the individual is or was related by

4 blood or marriage or otherwise legally related or

5 with whom the individual is or was lawfully re6 siding.’’.

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

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

9 Act of 1968 (42 U.S.C. 3711 et seq.), as amended by sec10 tion 523(b), is amended by striking the matter relating

11 to part Q and inserting the following:

‘‘PART Q—DOMESTIC VIOLENCE INTERVENTION

‘‘Sec. 1701. Grant authorization.

‘‘Sec. 1702. Use of funds.

‘‘Sec. 1703. Applications.

‘‘Sec. 1704. Allocation of funds; limitations on grants.

‘‘Sec. 1705. Award of grants.

‘‘Sec. 1706. Reports.

‘‘Sec. 1707. Definitions.

‘‘PART R—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 1801. Continuation of rules, authorities, and proceedings.’’.

12 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

13 1001(a) of title I of the Omnibus Crime Control and Safe

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

15 section 523(d), is amended by adding at the end the fol16 lowing new paragraph:

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

18 $25,000,000 for fiscal year 1993 and such sums as may

19 be necessary for fiscal years 1994 and 1995 to carry out

20 projects under part Q.’’.
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1 SEC. 662. REPORT ON BATTERED WOMEN’S SYNDROME.

2 (a) REPORT.—Not less than 1 year after the date of

3 enactment of this Act, the Attorney General and the Sec4 retary of Health and Human Services shall transmit to

5 the Congress a report on the medical and psychological

6 basis of battered women’s syndrome and on the extent to

7 which evidence of the syndrome has been held to be admis8 sible as evidence of guilt or as a defense in a criminal

9 trial.

10 (b) COMPONENTS OF THE REPORT.—The report de11 scribed in subsection (a) shall include—

12 (1) medical and psychological testimony on the

13 validity of battered women’s syndrome as a psycho14 logical condition;

15 (2) a compilation of State and Federal court

16 cases that have admitted evidence of battered wom17 en’s syndrome as evidence of guilt or as a defense

18 in criminal trials; and

19 (3) an assessment by State and Federal judges,

20 prosecutors, and defense attorneys on the effects

21 that evidence of battered women’s syndrome may

22 have in criminal trials.

23 Subtitle G—Other Provisions

24 SEC. 671. INDUCEMENT OF MINOR TO COMMIT AN OF25 FENSE.

26 (a) FINDINGS.—The Congress finds that—
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1 (1) children are our most important and yet

2 most fragile human resource;

3 (2) too many young people are induced or

4 forced into performing criminal acts by adults;

5 (3) the greatest effort must be taken to elimi6 nate crime in our neighborhoods and our schools;

7 (4) an equal resolve must be taken to punish in8 dividuals who attempt to use America’s youth as

9 pawns in their criminal enterprises; and

10 (5) adequate penalties can be implemented to

11 eradicate the exploitation of minors to commit of12 fenses.

13 (b) AMENDMENT OF TITLE 18, UNITED STATES

14 CODE.—Chapter 1 of title 18, United States Code, is

15 amended by adding at the end the following new section:

16 ‘‘§ 21. Inducement of minor to commit an offense

17 ‘‘(a) IN GENERAL.—Except to the extent that a

18 greater minimum sentence is provided by other law, a per19 son 18 years of age or older who, in any voluntary manner,

20 solicits, counsels, encourages, commands, intimidates, or

21 procures any minor with the intent that the minor shall

22 commit an offense against the United States shall be im23 prisoned not less than 3 and not more than 10 years, to

24 be served consecutively with any other sentences that are

25 imposed.
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1 ‘‘(b) LIMITATION.—In the case of an offense under

2 subsection (a) involving a minor who is 16 years of age

3 or older at the time of the offense, subsection (a) shall

4 apply only when the offender is at least 5 years older than

5 the minor at the time the offense is committed.

6 ‘‘(c) SENTENCING.—In imposing a sentence under

7 subsection (a), the court shall consider as a circumstance

8 in aggravation the severity of the offense sought by the

9 adult.

10 ‘‘(d) DEFINITION.—For the purposes of this section

11 the term ‘minor’ means a person less than 18 years of

12 age.’’.

13 (c) TECHNICAL AMENDMENT.—The chapter analysis

14 for chapter 1 of title 18, United States Code, is amended

15 by adding at the end the following new item:

‘‘21. Inducement of minor to commit an offense.’’.

16 SEC. 672. DISCLOSURE OF RECORDS OF ARRESTS BY CAM17 PUS POLICE.

18 Section 438(a)(4)(B)(ii) of the General Education

19 Provisions Act (20 U.S.C. 1232g(a)(4)(B)(ii)) is amended

20 to read as follows:

21 ‘‘(ii) records maintained by a law enforcement

22 unit of the education agency or institution that were

23 created by that law enforcement unit for the purpose

24 of law enforcement.’’.
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1 SEC. 673. NATIONAL BASELINE STUDY ON CAMPUS SEXUAL

2 ASSAULT.

3 (a) IN GENERAL.—The Attorney General, in con4 sultation with the Secretary of Education, shall, by con5 tract with an appropriate entity with expertise in college

6 campus security, provide for a national baseline study to

7 research the effectiveness of campus sexual assault policies

8 for institutions of postsecondary education.

9 (b) COMPONENTS OF THE REPORT.—The report de10 scribed in subsection (a) shall include an analysis of—

11 (1) the number of reported allegations and esti12 mated number of unreported allegations of sexual

13 assault occurring on college and university cam14 puses, and to whom the allegations are reported (in15 cluding campus authorities, sexual assault victim

16 service entities, and local criminal authorities);

17 (2) the number of campus sexual assault allega18 tions reported to campus authorities which are re19 ported to criminal authorities;

20 (3) the percentage of campus sexual assault al21 legations compared to noncampus sexual assault al22 legations which result in eventual criminal prosecu23 tion;

24 (4) State laws or regulations pertaining specifi25 cally to campus sexual assaults;
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1 (5) the adequacy of campus policies and prac2 tices in protecting the legal rights and interests of

3 sexual assault victims and the accused, including

4 consideration of—

5 (A) practices that might discourage the re6 porting of sexual assaults to local criminal au7 thorities, or result in any form of obstruction of

8 justice, and thus undermine the public interest

9 in prosecuting perpetrators of sexual assault;

10 and

11 (B) the ability of campus disciplinary hear12 ings to properly address allegations of sexual

13 assault;

14 (6) whether colleges and universities take ade15 quate measures to ensure that victims are free of

16 unwanted contact with alleged assailants;

17 (7) the grounds on which colleges and univer18 sities are sued in civil court regarding sexual as19 saults, the resolution of these cases, and measures

20 that can be taken to prevent future lawsuits;

21 (8) the ways in which colleges and universities

22 respond to allegations of sexual assault, including an

23 assessment of which programs work the best;

24 (9) recommendations to redress concerns raised

25 in the report; and
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1 (10) any other issues or questions the Attorney

2 General, with the concurrence of the Secretary of

3 Education, deems to be appropriate to the study.

4 (c) REPORT.—The Secretary of Education shall re5 view the results of the research required by this section

6 and report to the Committee on Education and Labor of

7 the House of Representatives and the Committee on Labor

8 and Human Resources of the Senate by September 1,

9 1995, coordinating that report with the report and dis10 semination required under section 485(f)(4) of the Higher

11 Education Act of 1965 (20 U.S.C. 1092(f)(4)).

12 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

13 authorized to be appropriated $200,000 for the contract

14 required by subsection (a).

15 SEC. 674. SENSE OF CONGRESS CONCERNING CHILD CUS16 TODY AND VISITATION RIGHTS.

17 It is the sense of the Congress that in determining

18 child custody and visitation rights, the courts should take

19 into consideration the history of drunk driving that any

20 person involved in the determination may have.

21 TITLE VII—EQUAL JUSTICE ACT

22 SEC. 701. SHORT TITLE.

23 This title may be cited as the ‘‘Equal Justice Act’’.
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1 SEC. 702. PROHIBITION OF RACIALLY DISCRIMINATORY

2 POLICIES CONCERNING CAPITAL PUNISH3 MENT OR OTHER PENALTIES.

4 (a) GENERAL RULE.—The penalty of death and all

5 other penalties shall be administered by the United States

6 and by every State without regard to the race or color

7 of the defendant or victim. Neither the United States nor

8 any State shall prescribe any racial quota or statistical

9 test for the imposition or execution of the death penalty

10 or any other penalty.

11 (b) DEFINITIONS.—For purposes of this title—

12 (1) the action of the United States or of a State

13 includes the action of any legislative, judicial, execu14 tive, administrative, or other agency or instrumental15 ity of the United States or a State, or of any politi16 cal subdivision of the United States or a State;

17 (2) the term ‘‘State’’ has the meaning given in

18 section 513 of title 18, United States Code; and

19 (3) the term ‘‘racial quota or statistical test’’

20 includes any law, rule, presumption, goal, standard

21 for establishing a prima facie case, or mandatory or

22 permissive inference that—

23 (A) requires or authorizes the imposition

24 or execution of the death penalty or another

25 penalty so as to achieve a specified racial pro-
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1 portion relating to offenders, convicts, defend2 ants, arrestees, or victims; or

3 (B) requires or authorizes the invalidation

4 of, or bars the execution of, sentences of death

5 or other penalties based on the failure of a ju6 risdiction to achieve a specified racial propor7 tion relating to offenders, convicts, defendants,

8 arrestees, or victims in the imposition or execu9 tion of such sentences or penalties.

10 SEC. 703. GENERAL SAFEGUARDS AGAINST RACIAL PREJU11 DICE OR BIAS IN THE TRIBUNAL.

12 In a criminal trial in a court of the United States,

13 or of any State—

14 (1) on motion of the defense attorney or pros15 ecutor, the risk of racial prejudice or bias shall be

16 examined on voir dire if there is a substantial likeli17 hood in the circumstances of the case that such prej18 udice or bias will affect the jury either against or in

19 favor of the defendant;

20 (2) on motion of the defense attorney or pros21 ecutor, a change of venue shall be granted if an im22 partial jury cannot be obtained in the original venue

23 because of racial prejudice or bias; and
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1 (3) neither the prosecutor nor the defense at2 torney shall make any appeal to racial prejudice or

3 bias in statements before the jury.

4 SEC. 704. FEDERAL CAPITAL CASES.

5 (a) JURY INSTRUCTIONS AND CERTIFICATION.—In a

6 prosecution for an offense against the United States in

7 which a sentence of death is sought, and in which the cap8 ital sentencing determination is to be made by a jury, the

9 judge shall instruct the jury that it is not to be influenced

10 by prejudice or bias relating to the race or color of the

11 defendant or victim in considering whether a sentence of

12 death is justified, and that the jury is not to recommend

13 the imposition of a sentence of death unless it has con14 cluded that it would recommend the same sentence for

15 such a crime regardless of the race or color of the defend16 ant or victim. Upon the return of a recommendation of

17 a sentence of death, the jury shall also return a certificate,

18 signed by each juror, that the juror’s individual decision

19 was not affected by prejudice or bias relating to the race

20 or color of the defendant or victim, and that the individual

21 juror would have made the same recommendation regard22 less of the race or color of the defendant or victim.

23 (b) RACIALLY MOTIVATED KILLINGS.—In a prosecu24 tion for an offense against the United States for which

25 a sentence of death is authorized, the fact that the killing
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1 of the victim was motivated by racial prejudice or bias

2 shall be deemed an aggravating factor whose existence

3 permits consideration of the death penalty, in addition to

4 any other aggravating factors that may be specified by law

5 as permitting consideration of the death penalty.

6 SEC. 705. EXTENSION OF PROTECTION OF CIVIL RIGHTS

7 STATUTES.

8 (a) SECTION 241.—Section 241 of title 18, United

9 States Code, is amended by striking ‘‘inhabitant of’’ and

10 inserting ‘‘person in’’.

11 (b) SECTION 242.—Section 242 of title 18, United

12 States Code, is amended by striking ‘‘inhabitant of’’ and

13 inserting ‘‘person in’’, and by striking ‘‘such inhabitant’’

14 and inserting ‘‘such person’’.

15 TITLE VIII—PUBLIC

16 CORRUPTION

17 SEC. 801. SHORT TITLE.

18 This title may be cited as the ‘‘Anti-Corruption Act

19 of 1993’’.

20 SEC. 802. PUBLIC CORRUPTION.

21 (a) OFFENSES.—Chapter 11 of title 18, United

22 States Code, is amended by adding at the end the follow23 ing new section:

24 ‘‘§ 226. Public corruption

25 ‘‘(a) STATE AND LOCAL GOVERNMENT.—
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1 ‘‘(1) HONEST SERVICES.—Whoever, in a cir2 cumstance described in paragraph (3), deprives or

3 defrauds, or endeavors to deprive or to defraud, by

4 any scheme or artifice, the inhabitants of a State or

5 political subdivision of a State of the honest services

6 of an official or employee of the State or political

7 subdivision shall be fined under this title, imprisoned

8 not more than 10 years, or both.

9 ‘‘(2) FAIR AND IMPARTIAL ELECTIONS.—Who10 ever, in a circumstance described in paragraph (3),

11 deprives or defrauds, or endeavors to deprive or to

12 defraud, by any scheme or artifice, the inhabitants

13 of a State or political subdivision of a State of a fair

14 and impartially conducted election process in any

15 primary, run-off, special, or general election—

16 ‘‘(A) through the procurement, casting, or

17 tabulation of ballots that are materially false,

18 fictitious, or fraudulent or that are invalid,

19 under the laws of the State in which the elec20 tion is held;

21 ‘‘(B) through paying or offering to pay any

22 person for voting;

23 ‘‘(C) through the procurement or submis24 sion of voter registrations that contain false
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1 material information, or omit material informa2 tion; or

3 ‘‘(D) through the filing of any report re4 quired to be filed under State law regarding an

5 election campaign that contains false material

6 information or omits material information,

7 shall be fined under this title, imprisoned not more

8 than 10 years, or both.

9 ‘‘(3) CIRCUMSTANCES IN WHICH OFFENSE OC10 CURS.—The circumstances referred to in paragraphs

11 (1) and (2) are that—

12 ‘‘(A) for the purpose of executing or con13 cealing a scheme or artifice described in para14 graph (1) or (2) or attempting to do so, a per15 son—

16 ‘‘(i) places in any post office or au17 thorized depository for mail matter, any

18 matter or thing to be sent or delivered by

19 the Postal Service, or takes or receives

20 therefrom any such matter or thing, or

21 knowingly causes to be delivered by mail

22 according to the direction thereon, or at

23 the place at which it is directed to be deliv24 ered by the person to whom it is ad25 dressed, any such matter or thing;
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1 ‘‘(ii) transmits or causes to be trans2 mitted by means of wire, radio, or tele3 vision communication in interstate or for4 eign commerce any writings, signs, signals,

5 pictures, or sounds;

6 ‘‘(iii) transports or causes to be trans7 ported any person or thing, or induces any

8 person to travel in or to be transported in,

9 interstate or foreign commerce; or

10 ‘‘(iv) uses or causes the use of any fa11 cility of interstate or foreign commerce;

12 ‘‘(B) the scheme or artifice affects or con13 stitutes an attempt to affect in any manner or

14 degree, or would if executed or concealed affect,

15 interstate or foreign commerce; or

16 ‘‘(C) in the case of an offense described in

17 paragraph (2), an objective of the scheme or ar18 tifice is to secure the election of an official who,

19 if elected, would have any authority over the

20 administration of funds derived from an Act of

21 Congress totaling $10,000 or more during the

22 12-month period immediately preceding or fol23 lowing the election or date of the offense.

24 ‘‘(b) FEDERAL GOVERNMENT.—Whoever deprives or

25 defrauds, or endeavors to deprive or to defraud, by any
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1 scheme or artifice, the inhabitants of the United States

2 of the honest services of a public official or a person who

3 has been selected to be a public official shall be fined

4 under this title, imprisoned not more than 10 years, or

5 both.

6 ‘‘(c) OFFENSE BY AN OFFICIAL AGAINST AN EM7 PLOYEE OR OFFICIAL.—

8 ‘‘(1) CRIMINAL OFFENSE.—Whoever, being an

9 official, public official, or person who has been se10 lected to be a public official, directly or indirectly

11 discharges, demotes, suspends, threatens, harasses,

12 or in any manner discriminates against an employee

13 or official of the United States or of a State or polit14 ical subdivision of a State, or endeavors to do so, in

15 order to carry out or to conceal a scheme or artifice

16 described in subsection (a) or (b), shall be fined

17 under this title, imprisoned not more than 5 years,

18 or both.

19 ‘‘(2) CIVIL ACTION.—(A) Any employee or offi20 cial of the United States or of a State or political

21 subdivision of a State who is discharged, demoted,

22 suspended, threatened, harassed, or in any manner

23 discriminated against because of lawful acts done by

24 the employee or official as a result of a violation of

25 this section or because of actions by the employee on
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1 behalf of himself or herself or others in furtherance

2 of a prosecution under this section (including inves3 tigation for, initiation of, testimony for, or assist4 ance in such a prosecution) may bring a civil action

5 and obtain all relief necessary to make the employee

6 or official whole, including—

7 ‘‘(i) reinstatement with the same seniority

8 status that the employee or official would have

9 had but for the violation;

10 ‘‘(ii) 3 times the amount of backpay;

11 ‘‘(iii) interest on the backpay; and

12 ‘‘(iv) compensation for any special dam13 ages sustained as a result of the violation, in14 cluding reasonable litigation costs and reason15 able attorney’s fees.

16 ‘‘(B) An employee or official shall not be af17 forded relief under subparagraph (A) if the employee

18 or official participated in the violation of this section

19 with respect to which relief is sought.

20 ‘‘(C)(i) A civil action or proceeding authorized

21 by this paragraph shall be stayed by a court upon

22 certification of an attorney for the Government that

23 prosecution of the action or proceeding may ad24 versely affect the interests of the Government in a

25 pending criminal investigation or proceeding.
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1 ‘‘(ii) The attorney for the Government shall

2 promptly notify the court when a stay may be lifted

3 without such adverse effects.

4 ‘‘(d) DEFINITIONS.—As used in this section—

5 ‘‘(1) the term ‘official’ includes—

6 ‘‘(A) any person employed by, exercising

7 any authority derived from, or holding any posi8 tion in the government of a State or any sub9 division of the executive, legislative, judicial, or

10 other branch of government thereof, including a

11 department, independent establishment, com12 mission, administration, authority, board, and

13 bureau, and a corporation or other legal entity

14 established and subject to control by a govern15 ment or governments for the execution of a gov16 ernmental or intergovernmental program;

17 ‘‘(B) any person acting or pretending to

18 act under color of official authority; and

19 ‘‘(C) any person who has been nominated,

20 appointed, or selected to be an official or who

21 has been officially informed that he or she will

22 be so nominated, appointed, or selected;

23 ‘‘(2) the term ‘person acting or pretending to

24 act under color of official authority’ includes a per25 son who represents that he or she controls, is an
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1 agent of, or otherwise acts on behalf of an official,

2 public official, and person who has been selected to

3 be a public official;

4 ‘‘(3) the terms ‘public official’ and ‘person who

5 has been selected to be a public official’ have the

6 meanings stated in section 201 and also include any

7 person acting or pretending to act under color of of8 ficial authority;

9 ‘‘(4) the term ‘State’ means a State of the

10 United States, the District of Columbia, Puerto

11 Rico, and any other commonwealth, territory, or

12 possession of the United States; and

13 ‘‘(5) the term ‘uses any facility of interstate or

14 foreign commerce’ includes the intrastate use of any

15 facility that may also be used in interstate or foreign

16 commerce.’’.

17 (b) TECHNICAL AMENDMENTS.—(1) The chapter

18 analysis for chapter 11 of title 18, United States Code,

19 is amended by adding at the end the following new item:

‘‘226. Public corruption.’’.

20 (2) Section 1961(1) of title 18, United States Code,

21 is amended by inserting ‘‘section 226 (relating to public

22 corruption),’’ after ‘‘section 224 (relating to sports brib23 ery),’’.

24 (3) Section 2516(1)(c) of title 18, United States

25 Code, is amended by inserting ‘‘section 226 (relating to
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1 public corruption),’’ after ‘‘section 224 (bribery in sport2 ing contests),’’.

3 SEC. 803. INTERSTATE COMMERCE.

4 (a) IN GENERAL.—Section 1343 of title 18, United

5 States Code, is amended—

6 (1) by striking ‘‘transmits or causes to be

7 transmitted by means of wire, radio, or television

8 communication in interstate or foreign commerce,

9 any writings, signs, signals, pictures, or sounds’’ and

10 inserting ‘‘uses or causes to be used any facility of

11 interstate or foreign commerce’’; and

12 (2) by inserting ‘‘or attempting to do so’’ after

13 ‘‘for the purpose of executing such scheme or arti14 fice’’.

15 (b) TECHNICAL AMENDMENTS.—(1) The heading of

16 section 1343 of title 18, United States Code, is amended

17 to read as follows:

18 ‘‘§ 1343. Fraud by use of facility of interstate com19 merce’’.

20 (2) The chapter analysis for chapter 63 of title 18,

21 United States Code, is amended by amending the item re22 lating to section 1343 to read as follows:

‘‘1343. Fraud by use of facility of interstate commerce.’’.
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1 SEC. 804. NARCOTICS-RELATED PUBLIC CORRUPTION.

2 (a) OFFENSES.—Chapter 11 of title 18, United

3 States Code, is amended by inserting after section 219 the

4 following new section:

5 ‘‘§ 220. Narcotics and public corruption

6 ‘‘(a) OFFENSE BY PUBLIC OFFICIAL.—A public offi7 cial who, in a circumstance described in subsection (c),

8 directly or indirectly, corruptly demands, seeks, receives,

9 accepts, or agrees to receive or accept anything of value

10 personally or for any other person in return for—

11 ‘‘(1) being influenced in the performance or

12 nonperformance of any official act; or

13 ‘‘(2) being influenced to commit or to aid in

14 committing, or to collude in, or to allow or make op15 portunity for the commission of any offense against

16 the United States or any State,

17 shall be guilty of a class B felony.

18 ‘‘(b) OFFENSE BY PERSON OTHER THAN A PUBLIC

19 OFFICIAL.—A person who, in a circumstance described in

20 subsection (c), directly or indirectly, corruptly gives, of21 fers, or promises anything of value to any public official,

22 or offers or promises any public official to give anything

23 of value to any other person, with intent—

24 ‘‘(1) to influence any official act;

25 ‘‘(2) to influence the public official to commit

26 or aid in committing, or to collude in, or to allow or
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1 make opportunity for the commission of any offense

2 against the United States or any State; or

3 ‘‘(3) to influence the public official to do or to

4 omit to do any act in violation of the official’s lawful

5 duty,

6 shall be guilty of a class B felony.

7 ‘‘(c) CIRCUMSTANCES IN WHICH OFFENSE OC8 CURS.—The circumstances referred to in subsections (a)

9 and (b) are that the offense involves, is part of, or is in10 tended to further or to conceal the illegal possession, im11 portation, manufacture, transportation, or distribution of

12 any controlled substance or controlled substance analogue.

13 ‘‘(d) DEFINITIONS.—As used in this section—

14 ‘‘(1) the terms ‘controlled substance’ and ‘con15 trolled substance analogue’ have the meanings stated

16 in section 102 of the Controlled Substances Act (21

17 U.S.C. 802);

18 ‘‘(2) the term ‘official act’ means any decision,

19 action, or conduct regarding any question, matter,

20 proceeding, cause, suit, investigation, or prosecution

21 which may at any time be pending, or which may be

22 brought before any public official, in such official’s

23 official capacity, or in such official’s place of trust

24 or profit; and

25 ‘‘(3) the term ‘public official’ means—
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1 ‘‘(A) an officer or employee or person act2 ing for or on behalf of the United States, or

3 any department, agency, or branch of Govern4 ment thereof in any official function, under or

5 by authority of any such department, agency, or

6 branch of Government;

7 ‘‘(B) a juror;

8 ‘‘(C) an officer or employee or person act9 ing for or on behalf of the government of any

10 State, territory, or possession of the United

11 States (including the District of Columbia), or

12 any political subdivision thereof, in any official

13 function, under or by the authority of any such

14 State, territory, possession, or political subdivi15 sion; and

16 ‘‘(D) any person who has been nominated

17 or appointed to a position described in subpara18 graph (A), (B), or (C), or has been officially in19 formed that he or she will be so nominated or

20 appointed.’’.

21 (b) TECHNICAL AMENDMENTS.—(1) Section 1961(1)

22 of title 18, United States Code, is amended by inserting

23 ‘‘section 220 (relating to narcotics and public corrup24 tion),’’ after ‘‘Section 201 (relating to bribery),’’.
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1 (2) Section 2516(1)(c) of title 18, United States

2 Code, is amended by inserting ‘‘section 220 (relating to

3 narcotics and public corruption),’’ after ‘‘section 201

4 (bribery of public officials and witnesses),’’.

5 (3) The chapter analysis for chapter 11 of title 18,

6 United States Code, is amended by inserting after the

7 item for section 219 the following new item:

‘‘220. Narcotics and public corruption.’’.

8 TITLE IX—FEDERAL PRISONS

9 SEC. 901. AUTHORIZATION OF APPROPRIATIONS FOR NEW

10 PRISON CONSTRUCTION.

11 There is authorized to be appropriated for fiscal year

12 1994 to the buildings and facilities account, Federal Pris13 on System, Department of Justice, $500,000,000 for the

14 planning of, acquisition of sites for, and the construction

15 of new penal and correctional facilities, such appropria16 tions to be in addition to any appropriations provided in

17 regular appropriations Acts or continuing resolutions for

18 that fiscal year.

19 TITLE X—VIOLENT CRIME

20 SEC. 1001. SHORT TITLE.

21 This Act may be cited as the ‘‘Life Imprisonment for

22 Egregious Recidivists Act of 1993’’.

23 SEC. 1002. TITLE 18 AMENDMENT.

24 Section 3581 of title 18, United States Code, is

25 amended by adding at the end the following:
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1 ‘‘(c) IMPRISONMENT OF CERTAIN VIOLENT FEL2 ONS.—

3 ‘‘(1) GENERAL RULE.—Notwithstanding any

4 other provision of this title or any other law, in the

5 case of a conviction for a Federal violent felony, the

6 court shall sentence the defendant to prison for life

7 if the defendant has previously been convicted of two

8 other violent felonies.

9 ‘‘(2) DEFINITION.—As used in this section the

10 term ‘‘violent felony’’ is a State or Federal crime of

11 violence (as defined in section 16 of this title)—

12 ‘‘(A) that involves the threatened use, use,

13 or the risk of use of physical force against the

14 person of another;

15 ‘‘(B) for which the maximum authorized

16 imprisonment exceeds one year; and

17 ‘‘(C) which is not designated a mis18 demeanor by the law that defines the offense.

19 ‘‘(3) RULE OF CONSTRUCTION.—This sub20 section shall not be construed to prevent the imposi21 tion of the death penalty.’’.
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1 TITLE XI—INTERNATIONAL

2 PARENTAL KIDNAPPING

3 SEC. 1101. SHORT TITLE.

4 This Act may be cited as the ‘‘International Parental

5 Kidnapping Crime Act of 1993’’.

6 SEC. 1102. TITLE 18 AMENDMENT.

7 (a) IN GENERAL.—Chapter 55 (relating to kidnap8 ping) of title 18, United States Code, is amended by add9 ing at the end the following:

10 ‘‘§ 1204. International parental kidnapping

11 ‘‘(a) Whoever—

12 ‘‘(1) removes a child from the United States or

13 retains a child (who has been in the United States)

14 outside the United States—

15 ‘‘(A) in order to obstruct the lawful exer16 cise of parental rights that are established in a

17 court order;

18 ‘‘(B) in order to obstruct the lawful exer19 cise of parental rights by the mother of that

20 child, in the case of a child—

21 ‘‘(i) whose parents have not been mar22 ried;

23 ‘‘(ii) with regard to whom paternity

24 has not been judicially established; and
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1 ‘‘(iii) whose custody has not been judi2 cially granted to a person other than the

3 mother; or

4 ‘‘(C) in order to obstruct the lawful exer5 cise of parental rights during the pendency of

6 judicial proceedings to determine parental

7 rights; or

8 ‘‘(2) in any other circumstances removes a child

9 from the United States or retains a child (who has

10 been in the United States) outside the United

11 States, in order to obstruct the lawful exercise of pa12 rental rights;

13 shall be fined under this title or imprisoned not more than

14 3 years, or both.

15 ‘‘(b) As used in this section—

16 ‘‘(1) the term ‘child’ means a person who has

17 not attained the age of 16 years; and

18 ‘‘(2) the term ‘parental rights’, with respect to

19 a child, means the right to physical custody of the

20 child—

21 ‘‘(A) whether joint or sole (and includes

22 visiting rights); and

23 ‘‘(B) whether arising by operation of law,

24 court order, or agreement of the parties.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of chapter 55 of title 18, United States

3 Code, is amended by adding at the end the following:

‘‘1204. International parental kidnapping.’’.

4 SEC. 1103. STATE COURT PROGRAMS REGARDING INTER5 NATIONAL PARENTAL CHILD ABDUCTION.

6 There is authorized to be appropriated $250,000 to

7 carry out under the State Justice Institute Act of 1984

8 (42 U.S.C. 10701–10713) national, regional, and in-State

9 training and educational programs dealing with criminal

10 and civil aspects of interstate and international parental

11 child abduction.

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