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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2217 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Violent Crimes 
Control Act of 1993''.
    (b) Table of Contents.--The following is the table 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.
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.
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.
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.
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.

                         TITLE I--DEATH PENALTY

SEC. 101. SHORT TITLE.

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

SEC. 102. DEATH PENALTY PROCEDURES.

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

                ``CHAPTER 228--DEATH PENALTY PROCEDURES

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

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

SEC. 103. CONFORMING AMENDMENT RELATING TO DESTRUCTION OF AIRCRAFT OR 
              AIRCRAFT FACILITIES.

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

SEC. 104. CONFORMING AMENDMENT RELATING TO ESPIONAGE.

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

SEC. 105. CONFORMING AMENDMENT RELATING TO TRANSPORTING EXPLOSIVES.

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

SEC. 106. CONFORMING AMENDMENT RELATING TO MALICIOUS DESTRUCTION OF 
              FEDERAL PROPERTY BY EXPLOSIVES.

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

SEC. 107. CONFORMING AMENDMENT RELATING TO MALICIOUS DESTRUCTION OF 
              INTERSTATE PROPERTY BY EXPLOSIVES.

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

SEC. 108. CONFORMING AMENDMENT RELATING TO MURDER.

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

SEC. 109. CONFORMING AMENDMENT RELATING TO KILLING OFFICIAL GUESTS OR 
              INTERNATIONALLY PROTECTED PERSONS.

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

SEC. 110. MURDER BY FEDERAL PRISONER.

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

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

SEC. 111. CONFORMING AMENDMENT RELATING TO KIDNAPPING.

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

SEC. 112. CONFORMING AMENDMENT RELATING TO HOSTAGE TAKING.

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

SEC. 113. CONFORMING AMENDMENT RELATING TO MAILABILITY OF INJURIOUS 
              ARTICLES.

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

SEC. 114. CONFORMING AMENDMENT RELATING TO PRESIDENTIAL ASSASSINATION.

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

SEC. 115. CONFORMING AMENDMENT RELATING TO MURDER FOR HIRE.

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

SEC. 116. CONFORMING AMENDMENT RELATING TO VIOLENT CRIMES IN AID OF 
              RACKETEERING ACTIVITY.

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

SEC. 117. CONFORMING AMENDMENT RELATING TO WRECKING TRAINS.

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

SEC. 118. CONFORMING AMENDMENT RELATING TO BANK ROBBERY.

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

SEC. 119. CONFORMING AMENDMENT RELATING TO TERRORIST ACTS.

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

SEC. 120. CONFORMING AMENDMENT RELATING TO AIRCRAFT HIJACKING.

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

SEC. 121. CONFORMING AMENDMENT TO CONTROLLED SUBSTANCES ACT.

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

SEC. 122. CONFORMING AMENDMENT RELATING TO GENOCIDE.

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

SEC. 123. PROTECTION OF COURT OFFICERS AND JURORS.

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

SEC. 124. PROHIBITION OF RETALIATORY KILLINGS OF WITNESSES, VICTIMS, 
              AND INFORMANTS.

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

SEC. 125. DEATH PENALTY FOR MURDER OF FEDERAL LAW ENFORCEMENT OFFICERS.

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

SEC. 126. DEATH PENALTY FOR MURDER OF STATE OR LOCAL LAW ENFORCEMENT 
              OFFICERS ASSISTING FEDERAL LAW ENFORCEMENT OFFICERS.

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

SEC. 127. IMPLEMENTATION OF THE 1988 PROTOCOL FOR THE SUPPRESSION OF 
              UNLAWFUL ACTS OF VIOLENCE AT AIRPORTS SERVING 
              INTERNATIONAL CIVIL AVIATION.

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

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

SEC. 128. AMENDMENT TO FEDERAL AVIATION ACT.

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

SEC. 129. OFFENSES OF VIOLENCE AGAINST MARITIME NAVIGATION OR FIXED 
              PLATFORMS.

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

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

SEC. 130. TORTURE.

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

                        ``CHAPTER 113B--TORTURE

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

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

SEC. 131. WEAPONS OF MASS DESTRUCTION.

    (a) Findings.--The Congress finds that the use and threatened use 
of weapons of mass destruction (as defined in the amendment made by 
subsection (b)) gravely harm the national security and foreign 
relations interests of the United States, seriously affect interstate 
and foreign commerce, and disturb the domestic tranquility of the 
United States.
    (b) Offense.--Chapter 113A of title 18, United States Code, as 
amended by section 601(b), is amended by adding at the end the 
following new section:
``Sec. 2339A. Use of weapons of mass destruction
    ``(a) Offense.--Whoever uses, or attempts or conspires to use, a 
weapon of mass destruction--
            ``(1) against a national of the United States while such 
        national is outside of the United States;
            ``(2) against any person within the United States; or
            ``(3) against any property that is owned, leased, or used 
        by the United States or by any department or agency of the 
        United States, whether the property is within or outside the 
        United States,
shall be imprisoned for any term of years or for life, and if death 
results, shall be punished by death or imprisoned for any term of years 
or for life.
    ``(b) Definitions.--As used in this section--
            ``(1) `national of the United States' has the meaning 
        stated in section 101(a)(22) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(a)(22)); and
            ``(2) `weapon of mass destruction' means--
                    ``(A) a destructive device (as defined in section 
                921);
                    ``(B) poison gas;
                    ``(C) a weapon involving a disease organism; and
                    ``(D) a weapon that is designed to release 
                radiation or radioactivity at a level dangerous to 
                human life.''.
    (c) Technical Amendment.--The chapter analysis for chapter 113A of 
title 18, United States Code, as amended by section 601(c), is amended 
by adding at the end the following new item:

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

SEC. 132. HOMICIDES AND ATTEMPTED HOMICIDES INVOLVING FIREARMS IN 
              FEDERAL FACILITIES.

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

SEC. 133. DEATH PENALTY FOR CIVIL RIGHTS MURDERS.

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

SEC. 134. DEATH PENALTY FOR MURDER OF FEDERAL WITNESSES.

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

SEC. 135. DRIVE-BY SHOOTINGS.

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

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

SEC. 136. DEATH PENALTY FOR GUN MURDERS DURING FEDERAL CRIMES OF 
              VIOLENCE AND DRUG TRAFFICKING CRIMES.

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

SEC. 137. DEATH PENALTY FOR RAPE AND CHILD MOLESTATION MURDERS.

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

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

SEC. 138. PROTECTION OF JURORS AND WITNESSES IN CAPITAL CASES.

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

SEC. 139. INAPPLICABILITY TO UNIFORM CODE OF MILITARY JUSTICE.

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

SEC. 140. DEATH PENALTY FOR CAUSING DEATH IN THE SEXUAL EXPLOITATION OF 
              CHILDREN.

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

SEC. 141. MURDER BY ESCAPED PRISONERS.

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

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

SEC. 142. DEATH PENALTY FOR MURDERS IN THE DISTRICT OF COLUMBIA.

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

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

                     TITLE II--HABEAS CORPUS REFORM

                Subtitle A--General Habeas Corpus Reform

SEC. 201. SHORT TITLE.

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

SEC. 202. PERIOD OF LIMITATION.

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

SEC. 203. APPEAL.

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

SEC. 204. AMENDMENT OF FEDERAL RULES OF APPELLATE PROCEDURE.

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

SEC. 205. SECTION 2254 AMENDMENTS.

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

SEC. 206. SECTION 2255 AMENDMENTS.

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

            Subtitle B--Death Penalty Litigation Procedures

SEC. 211. SHORT TITLE FOR SUBTITLE B.

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

SEC. 212. DEATH PENALTY LITIGATION PROCEDURES.

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

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

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

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

  Subtitle C--Equalization of Capital Habeas Corpus Litigation Funding

SEC. 221. FUNDING FOR DEATH PENALTY PROSECUTIONS.

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

                ``funding for death penalty prosecutions

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

                      TITLE III--EXCLUSIONARY RULE

SEC. 301. ADMISSIBILITY OF CERTAIN EVIDENCE.

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

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

               TITLE IV--FIREARMS AND RELATED AMENDMENTS

SEC. 401. INCREASED MANDATORY MINIMUM SENTENCES FOR CRIMINALS USING 
              FIREARMS.

    Section 924(c)(1) of title 18, United States Code, is amended to 
read as follows:
    ``(c)(1)(A) Whoever, during and in relation to any crime of 
violence or drug trafficking crime (including a crime of violence or 
drug trafficking crime which provides for an enhanced punishment if 
committed by the use of a deadly or dangerous weapon or device) for 
which the person may be prosecuted in a court of the United States--
            ``(i) knowingly uses, carries, or otherwise possesses a 
        firearm, shall, in addition to the punishment provided for the 
        underlying crime, be sentenced to imprisonment for 10 years;
            ``(ii) discharges a firearm with intent to injure another 
        person, shall, in addition to the punishment provided for the 
        underlying crime, be sentenced to imprisonment for 20 years; or
            ``(iii) knowingly uses, carries, or otherwise possesses a 
        firearm that is a machinegun or destructive device, or that is 
        equipped with a firearm silencer or firearm muffler, shall, in 
        addition to the punishment provided for the underlying crime, 
        be sentenced to imprisonment for 30 years.
    ``(B)(i) In the case of a second conviction under this subsection, 
a person shall, in addition to the punishment provided for the 
underlying crime, be sentenced to imprisonment for 20 years for a 
violation of subparagraph (A)(i), to imprisonment for 30 years for a 
violation of subparagraph (A)(ii), and life imprisonment for a 
violation of subparagraph (A)(iii).
    ``(ii) In the case of a third or subsequent conviction under this 
subsection, or a conviction for a violation of subparagraph (A)(ii) 
that results in the death of another person, a person shall be 
sentenced to life imprisonment.
    ``(C) Notwithstanding any other law, a term of imprisonment under 
this subsection shall run concurrently with any other term of 
imprisonment imposed for the underlying crime.
    ``(D) For the purposes of paragraph (A), a person shall be 
considered to be in possession of a firearm if the person has a firearm 
readily available at the scene of the crime during the commission of 
the crime.''.

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

    Section 844(h) of title 18, United States Code, is amended by 
striking ``ten'' and inserting ``20''.

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

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

SEC. 404. PROHIBITION AGAINST THEFT OF FIREARMS OR EXPLOSIVES.

    (a) Firearms.--Section 924 of title 18, United States Code, as 
amended by section 403, is amended by adding at the end the following 
new subsection:
    ``(k) Whoever steals any firearm which is moving as, or is a part 
of, or which has moved in, interstate or foreign commerce shall be 
imprisoned not less than 2 nor more than 10 years, fined in accordance 
with this title, or both.''.
    (b) Explosives.--Section 844 of title 18, United States Code, is 
amended by adding at the end the following new subsection:
    ``(k) Whoever steals any explosive materials which are moving as, 
or are a part of, or which have moved in, interstate or foreign 
commerce shall be imprisoned not less than 2 nor more than 10 years, 
fined in accordance with this title, or both.''.

SEC. 405. INCREASED PENALTY FOR KNOWINGLY FALSE, MATERIAL STATEMENT IN 
              CONNECTION WITH THE ACQUISITION OF A FIREARM FROM A 
              LICENSED DEALER.

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

SEC. 406. SUMMARY DESTRUCTION OF EXPLOSIVES SUBJECT TO FORFEITURE.

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

SEC. 407. ELIMINATION OF OUTMODED LANGUAGE RELATING TO PAROLE.

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

SEC. 408. ENHANCED PENALTIES FOR USE OF A FIREARM IN THE COMMISSION OF 
              COUNTERFEITING OR FORGERY.

    Section 924(c)(1) of title 18, United States Code, as amended by 
section 401, is amended in subparagraph (A) by inserting ``or during 
and in relation to any felony punishable under chapter 25'' after 
``United States,''.

SEC. 409. MANDATORY PENALTIES FOR FIREARMS POSSESSION BY VIOLENT FELONS 
              AND SERIOUS DRUG OFFENDERS.

    (a) One Prior Conviction.--Section 924(a)(2) of title 18, United 
States Code, is amended by inserting ``, and if the violation is of 
section 922(g)(1) by a person who has a previous conviction for a 
violent felony or a serious drug offense (as defined in subsections 
(e)(2) (A) and (B) of this section), a sentence imposed under this 
paragraph shall include a term of imprisonment of not less than 5 
years'' before the period.
    (b) Two Prior Convictions.--Section 924 of title 18, United States 
Code, as amended by section 404, is amended by adding at the end the 
following new subsection:
    ``(l)(1) Notwithstanding subsection (a)(2), any person who violates 
section 922(g) and has 2 previous convictions by any court referred to 
in section 922(g)(1) for a violent felony (as defined in subsection 
(e)(2)(B) of this section) or a serious drug offense (as defined in 
subsection (e)(2)(A) of this section) committed on occasions different 
from one another shall be fined as provided in this title, imprisoned 
not less than 10 years and not more than 20 years, or both.
    ``(2) Notwithstanding any other law, the court shall not suspend 
the sentence of, or grant a probationary sentence to, a person 
described in paragraph (1) with respect to the conviction under section 
922(g).''.

SEC. 410. RECEIPT OF FIREARMS BY NONRESIDENT.

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

SEC. 411. PROHIBITION AGAINST CONSPIRACY TO VIOLATE FEDERAL FIREARMS OR 
              EXPLOSIVES LAWS.

    (a) Firearms.--Section 924 of title 18, United States Code, as 
amended by section 409(b), is amended by adding at the end the 
following new subsection:
    ``(m) Whoever conspires to commit any offense punishable under this 
chapter shall be subject to the same penalties as those prescribed for 
the offense the commission of which was the object of the 
conspiracy.''.
    (b) Explosives.--Section 844 of title 18, United States Code, as 
amended by section 404(b), is amended by adding at the end the 
following new subsection:
    ``(l) Whoever conspires to commit any offense punishable under this 
chapter shall be subject to the same penalties as those prescribed for 
the offense the commission of which was the object of the 
conspiracy.''.

SEC. 412. PROHIBITION AGAINST THEFT OF FIREARMS OR EXPLOSIVES FROM 
              LICENSEE.

    (a) Firearms.--Section 924 of title 18, United States Code, as 
amended by section 411(a), is amended by adding at the end the 
following new subsection:
    ``(n) Whoever steals any firearm from a licensed importer, licensed 
manufacturer, licensed dealer, or licensed collector shall be fined in 
accordance with this title, imprisoned not more than 10 years, or 
both.''.
    (b) Explosives.--Section 844 of title 18, United States Code, as 
amended by section 411(b), is amended by adding at the end the 
following new subsection:
    ``(m) Whoever steals any explosive material from a licensed 
importer, licensed manufacturer, licensed dealer, or permittee shall be 
fined in accordance with this title, imprisoned not more than 10 years, 
or both.''.

SEC. 413. PROHIBITION AGAINST DISPOSING OF EXPLOSIVES TO PROHIBITED 
              PERSONS.

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

SEC. 414. INCREASED PENALTY FOR INTERSTATE GUN TRAFFICKING.

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

SEC. 415. PROHIBITION AGAINST TRANSACTIONS INVOLVING STOLEN FIREARMS 
              WHICH HAVE MOVED IN INTERSTATE OR FOREIGN COMMERCE.

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

SEC. 416. POSSESSION OF EXPLOSIVES BY FELONS AND OTHERS.

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

SEC. 417. POSSESSION OF AN EXPLOSIVE DURING THE COMMISSION OF A FELONY.

    Section 844(h) of title 18, United States Code, is amended--
            (1) by striking ``carries an explosive during'' and 
        inserting ``uses, carries, or otherwise possesses an explosive 
        during''; and
            (2) by striking ``used or carried'' and inserting ``used, 
        carried, or possessed''.

SEC. 418. DISPOSITION OF FORFEITED FIREARMS.

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

SEC. 419. DEFINITION OF SERIOUS DRUG OFFENSE.

    Section 924(e)(2)(A) of title 18, United States Code, is amended--
            (1) by striking ``or'' at the end of clause (i);
            (2) by adding ``or'' at the end of clause (ii); and
            (3) by adding at the end the following new clause:
                            ``(iii) an offense under State law that, if 
                        it had been prosecuted as a violation of the 
                        Controlled Substances Act (21 U.S.C. 801 et 
                        seq.) as that Act provided at the time of the 
                        offense, would have been punishable by a 
                        maximum term of 10 years or more;''.

SEC. 420. DEFINITION OF BURGLARY UNDER THE ARMED CAREER CRIMINAL 
              STATUTE.

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

              TITLE V--TERRORISM AND INTERNATIONAL MATTERS

SEC. 501. TERRORISM CIVIL REMEDY.

    (a) Reinstatement of Law.--The amendments made by section 132 of 
the Military Construction Appropriations Act, 1991 (104 Stat. 2250), 
are repealed effective as of April 10, 1991.
    (b) Terrorism.--Chapter 113A of title 18, United States Code, as 
amended by subsection (a), is amended--
            (1) in section 2331 (as in effect prior to enactment of the 
        Military Construction Appropriations Act, 1991) by striking 
        subsection (d) and redesignating subsection (e) as subsection 
        (d);
            (2) by redesignating section 2331 (as in effect prior to 
        enactment of the Military Construction Appropriations Act, 
        1991) as section 2332 and amending the heading for section 
        2332, as redesignated, to read as follows:
``Sec. 2332. Criminal penalties'';
            (3) by inserting before section 2332, as redesignated by 
        paragraph (2), the following new section:
``Sec. 2331. Definitions
    ``As used in this chapter--
            ``(1) the term `act of war' means any act occurring in the 
        course of--
                    ``(A) declared war;
                    ``(B) armed conflict, whether or not war has been 
                declared, between two or more nations; or
                    ``(C) armed conflict between military forces of any 
                origin;
            ``(2) the term `international terrorism' means activities 
        that--
                    ``(A) involve violent acts or acts dangerous to 
                human life that are a violation of the criminal laws of 
                the United States or of any State, or that would be a 
                criminal violation if committed within the jurisdiction 
                of the United States or of any State;
                    ``(B) appear to be intended--
                            ``(i) to intimidate or coerce a civilian 
                        population;
                            ``(ii) to influence the policy of a 
                        government by intimidation or coercion; or
                            ``(iii) to affect the conduct of a 
                        government by assassination or kidnapping; and
                    ``(C) occur primarily outside the territorial 
                jurisdiction of the United States, or transcend 
                national boundaries in terms of the means by which they 
                are accomplished, the persons they appear intended to 
                intimidate or coerce, or the locale in which their 
                perpetrators operate or seek asylum;
            ``(3) the term `national of the United States' has the 
        meaning given such term in section 101(a)(22) of the 
        Immigration and Nationality Act; and
            ``(4) the term `person' means any individual or entity 
        capable of holding a legal or beneficial interest in 
        property.''; and
            (4) by inserting after section 2332, as redesignated, the 
        following new sections:
``Sec. 2333. Civil remedies
    ``(a) Action and Jurisdiction.--Any national of the United States 
injured in his or her person, property, or business by reason of an act 
of international terrorism, or his or her estate, survivors, or heirs, 
may sue therefor in any appropriate district court of the United States 
and shall recover threefold the damages he or she sustains and the cost 
of the suit, including attorney's fees.
    ``(b) Estoppel Under United States Law.--A final judgment or decree 
rendered in favor of the United States in any criminal proceeding under 
section 1116, 1201, 1203, or 2332 of this title or section 902 (i), 
(k), (l), (n), or (r) of the Federal Aviation Act of 1958 (49 U.S.C. 
App. 1472 (i), (k), (l), (n), and (r)) shall estop the defendant from 
denying the essential allegations of the criminal offense in any 
subsequent civil proceeding under this section.
    ``(c) Estoppel Under Foreign Law.--A final judgment or decree 
rendered in favor of any foreign state in any criminal proceeding 
shall, to the extent that such judgment or decree may be accorded full 
faith and credit under the law of the United States, estop the 
defendant from denying the essential allegations of the criminal 
offense in any subsequent civil proceeding under this section.
``Sec. 2334. Jurisdiction and venue
    ``(a) General Venue.--Any civil action under section 2333 of this 
title against any person may be instituted in the district court of the 
United States for any district where any plaintiff resides or where any 
defendant resides or is served, or has an agent. Process in such a 
civil action may be served in any district where the defendant resides, 
is found, or has an agent.
    ``(b) Special Maritime or Territorial Jurisdiction.--If the actions 
giving rise to the claim occurred within the special maritime and 
territorial jurisdiction of the United States, any civil action under 
section 2333 against any person may be instituted in the district court 
of the United States for any district in which any plaintiff resides or 
the defendant resides, is served, or has an agent.
    ``(c) Service on Witnesses.--A witness in a civil action brought 
under section 2333 may be served in any other district where the 
defendant resides, is found, or has an agent.
    ``(d) Convenience of the Forum.--The district court shall not 
dismiss any action brought under section 2333 on the grounds of the 
inconvenience or inappropriateness of the forum chosen, unless--
            ``(1) the action may be maintained in a foreign court that 
        has jurisdiction over the subject matter and over all the 
        defendants;
            ``(2) that foreign court is significantly more convenient 
        and appropriate; and
            ``(3) that foreign court offers a remedy that is 
        substantially the same as the one available in the courts of 
        the United States.
``Sec. 2335. Limitation of actions
    ``(a) In General.--Subject to subsection (b), a suit for recovery 
of damages under section 2333 shall not be maintained unless commenced 
within 4 years from the date the cause of action accrued.
    ``(b) Calculation of Period.--The time of the absence of the 
defendant from the United States or from any jurisdiction in which the 
same or a similar action arising from the same facts may be maintained 
by the plaintiff, or any concealment of the defendant's whereabouts, 
shall not be counted for the purposes of the period of limitation 
prescribed by subsection (a).
``Sec. 2336. Other limitations
    ``(a) Acts of War.--No action shall be maintained under section 
2333 for injury or loss by reason of an act of war.
    ``(b) Limitation on Discovery.--If a party to an action under 
section 2333 seeks to discover the investigative files of the 
Department of Justice, the attorney for the Government may object on 
the ground that compliance will interfere with a criminal investigation 
or prosecution of the incident, or a national security operation 
related to the incident, which is the subject of the civil litigation. 
The court shall evaluate any objections raised by the Government in 
camera and shall stay the discovery if the court finds that granting 
the discovery request will substantially interfere with a criminal 
investigation or prosecution of the incident or a national security 
operation related to the incident. The court shall consider the 
likelihood of criminal prosecution by the Government and other factors 
it deems to be appropriate. A stay of discovery under this subsection 
shall constitute a bar to the granting of a motion to dismiss under 
rules 12(b)(6) and 56 of the Federal Rules of Civil Procedure.
    ``(c) Stay of Action for Civil Remedies.--(1) The Attorney General 
may intervene in any civil action brought under section 2333 for the 
purpose of seeking a stay of the civil action. A stay shall be granted 
if the court finds that the continuation of the civil action will 
substantially interfere with a criminal prosecution which involves the 
same subject matter and in which an indictment has been returned, or 
interfere with national security operations related to the terrorist 
incident that is the subject of the civil action. A stay may be granted 
for up to 6 months. The Attorney General may petition the court for an 
extension of the stay for additional 6-month periods until the criminal 
prosecution is completed or dismissed.
    ``(2) In a proceeding under this subsection, the Attorney General 
may request that any order issued by the court for release to the 
parties and the public omit any reference to the basis on which the 
stay was sought.
``Sec. 2337. Suits against Government officials
    ``No action shall be maintained under section 2333 against--
            ``(1) the United States, an agency of the United States, or 
        an officer or employee of the United States or any agency 
        thereof acting within the officer's or employee's official 
        capacity or under color of legal authority; or
            ``(2) a foreign state, an agency of a foreign state, or an 
        officer or employee of a foreign state or an agency thereof 
        acting within the officer's or employee's official capacity or 
        under color of legal authority.
``Sec. 2338. Exclusive Federal jurisdiction
    ``The district courts of the United States shall have exclusive 
jurisdiction over an action brought under this chapter.''.
    (c) Technical Amendments.--(1) The chapter analysis for chapter 
113A of title 18, United States Code is amended to read as follows:

                       ``Chapter 113A--Terrorism

``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.''.
    (2) The item relating to chapter 113A in the part analysis for part 
1 of title 18, United States Code, is amended to read as follows:

``113A. Terrorism...........................................    2331''.
    (d) Effective Date.--This section and the amendments made by this 
section shall apply to any pending case or any cause of action arising 
on or after 4 years before the date of enactment of this Act.

SEC. 502. PROVIDING MATERIAL SUPPORT TO TERRORISTS.

    (a) Offense.--Chapter 113A of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2339. Providing material support to terrorists
    ``Whoever, within the United States, provides material support or 
resources or conceals or disguises the nature, location, source, or 
ownership of material support or resources, knowing or intending that 
they are to be used to facilitate a violation of section 32, 36, 351, 
844 (f) or (i), 1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281, 2332, 
or 2339A of this title or section 902(i) of the Federal Aviation Act of 
1958 (49 U.S.C. App. 1472(i)), or to facilitate the concealment or an 
escape from the commission of any of the foregoing, shall be fined 
under this title, imprisoned not more than 10 years, or both. For 
purposes of this section, material support or resources includes 
currency or other financial securities, financial services, lodging, 
training, safehouses, false documentation or identification, 
communications equipment, facilities, weapons, lethal substances, 
explosives, personnel, transportation, and other physical assets.''.
    (b) Technical Amendment.--The chapter analysis for chapter 113A of 
title 18, United States Code, as amended by section 501(b)(1), is 
amended by adding at the end the following new item:

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

SEC. 503. FORFEITURE OF ASSETS USED TO SUPPORT TERRORISTS.

    (a) Civil Forfeiture.--Section 981(a)(1) of title 18, United States 
Code, is amended by adding at the end the following new subparagraph:
            ``(F) Any property, real or personal--
                    ``(i) used or intended for use in committing or to 
                facilitate the concealment or an escape from the 
                commission of; or
                    ``(ii) constituting or derived from the gross 
                profits or other proceeds obtained from,
        a violation of section 32, 36, 351, 844 (f) or (i), 1114, 1116, 
        1203, 1361, 1363, 1751, 2280, 2281, 2332, or 2339A of this 
        title or section 902(i) of the Federal Aviation Act of 1958 (49 
        U.S.C. 1472(i)).''.
    (b) Criminal Forfeiture.--Section 982(a) of title 18, United States 
Code, is amended by adding at the end the following new paragraph:
            ``(5) Any property, real or personal--
                    ``(A) used or intended for use in committing or to 
                facilitate the concealment or an escape from the 
                commission of; or
                    ``(B) constituting or derived from the gross 
                profits or other proceeds obtained from,
        a violation of section 32, 36, 351, 844 (f) or (i), 1114, 1116, 
        1203, 1361, 1363, 1751, 2280, 2281, 2332, or 2339A of this 
        title or section 902(i) of the Federal Aviation Act of 1958 (49 
        U.S.C. 1472(i)).''.

SEC. 504. ALIEN WITNESS COOPERATION.

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

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

SEC. 505. TERRITORIAL SEA EXTENDING TO 12 MILES INCLUDED IN SPECIAL 
              MARITIME AND TERRITORIAL JURISDICTION.

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

SEC. 506. ASSIMILATED CRIMES IN EXTENDED TERRITORIAL SEA.

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

SEC. 507. JURISDICTION OVER CRIMES AGAINST UNITED STATES NATIONALS ON 
              CERTAIN FOREIGN SHIPS.

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

SEC. 508. PENALTIES FOR INTERNATIONAL TERRORIST ACTS.

    Section 2332 of title 18, United States Code, as redesignated by 
section 501(a)(2), is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2) by striking ``ten'' and 
                inserting ``20''; and
                    (B) in paragraph (3) by striking ``three'' and 
                inserting ``10''; and
            (2) in subsection (c) by striking ``five'' and inserting 
        ``10''.

SEC. 509. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated in each of the fiscal years 
1993, 1994, and 1995, in addition to any other amounts specified in 
appropriations Acts, for counterterrorist operations and programs:
            (1) for the Federal Bureau of Investigation, $25,000,000;
            (2) for the Department of State, $10,000,000;
            (3) for the United States Customs Service, $7,500,000;
            (4) for the United States Secret Service, $2,500,000;
            (5) for the Bureau of Alcohol, Tobacco, and Firearms, 
        $2,500,000;
            (6) for the Federal Aviation Administration, $2,500,000; 
        and
            (7) for grants to State and local law enforcement agencies, 
        to be administered by the Office of Justice Programs in the 
        Department of Justice, in consultation with the Federal Bureau 
        of Investigation, $25,000,000.

SEC. 510. ENHANCED PENALTIES FOR CERTAIN OFFENSES.

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

SEC. 511. SENTENCING GUIDELINES INCREASE FOR TERRORIST CRIMES.

    The United States Sentencing Commission is directed to amend its 
sentencing guidelines to provide an increase of not less than 3 levels 
in the base offense level for any felony, whether committed within or 
outside the United States, that involves or is intended to promote 
international terrorism, unless such involvement or intent is itself an 
element of the crime.

SEC. 512. EXTENSION OF THE STATUTE OF LIMITATIONS FOR CERTAIN TERRORISM 
              OFFENSES.

    (a) In General.--Chapter 213 of title 18, United States Code, is 
amended by inserting after section 3285 the following new section:
``Sec. 3286. Extension of statute of limitations for certain terrorism 
              offenses
    ``Notwithstanding section 3282, no person shall be prosecuted, 
tried, or punished for any offense involving a violation of section 32, 
36, 112, 351, 1116, 1203, 1361, 1751, 2280, 2281, 2332, 2339A, or 2340A 
of this title or section 902 (i), (j), (k), (l), or (n) of the Federal 
Aviation Act of 1958 (49 U.S.C. App. 1572 (i), (j), (k), (l), and (n)), 
unless the indictment is found or the information is instituted within 
10 years next after such offense shall have been committed.''.
    (b) Technical Amendment.--The chapter analysis for chapter 213 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 3285 the following new item:

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

SEC. 513. INTERNATIONAL PARENTAL KIDNAPPING.

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

``1204. International parental kidnapping.''.

SEC. 514. STATE COURT PROGRAMS REGARDING INTERSTATE AND INTERNATIONAL 
              PARENTAL CHILD ABDUCTION.

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

SEC. 515. FOREIGN MURDER OF UNITED STATES NATIONALS.

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

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

SEC. 516. EXTRADITION.

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

SEC. 517. GAMBLING DEVICES ON UNITED STATES SHIPS.

    Section 5 of the Act of January 2, 1951 (commonly known as the 
``Johnson Act'') (15 U.S.C. 1175), is amended--
            (1) by inserting ``(a) In General.--'' before ``It shall be 
        unlawful''; and
            (2) by adding at the end the following new subsection:
    ``(b) Application of Subsection (a).--
            ``(1) Exception.--Except as provided in paragraph (2), 
        subsection (a) does not apply to the repair, transportation, 
        use, or possession of a gambling device on a vessel documented 
        under chapter 121 of title 46, United States Code, when the 
        vessel is on a voyage--
                    ``(A) on the high seas; or
                    ``(B) on waters that are within the admiralty and 
                maritime jurisdiction of the United States but out of 
                the jurisdiction of any State.
            ``(2) Voyages and segments beginning and ending in the same 
        state or possession.--The exception stated in paragraph (1) 
        does not apply to the repair, transportation, possession, or 
        use of a gambling device on a vessel that is on a voyage or 
        segment of a voyage--
                    ``(A) that begins and ends in the same State or 
                possession of the United States,
                    ``(B) during which the vessel does not make an 
                intervening stop in another State or possession of the 
                United States or a foreign country,
        if the State or possession of the United States in which the 
        voyage or segment begins and ends has enacted a statute that 
        prohibits such repair, transportation, possession, or use.''.

SEC. 518. FBI ACCESS TO TELEPHONE SUBSCRIBER INFORMATION.

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

      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.

    Section 2246(2) of title 18, United States Code, as redesignated by 
section 137(a)(1), is amended--
            (1) by striking ``or'' at the end of subparagraph (B);
            (2) by striking ``and'' at the end of subparagraph (C) and 
        inserting ``or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(D) the intentional touching, not through the 
                clothing, of the genitalia of another person who has 
                not attained the age of 16 years with an intent to 
                abuse, humiliate, harass, degrade, or to arouse or 
                gratify the sexual desire of, any person;''.

SEC. 602. INCREASED PENALTIES FOR RECIDIVIST SEX OFFENDERS.

    (a) Penalty.--Chapter 109A of title 18, United States Code, as 
amended by section 137(a), is amended--
            (1) by redesignating section 2246 as section 2247; and
            (2) by inserting after section 2245 the following new 
        section:
``Sec. 2246. Penalties for subsequent offenses
    ``Any person who violates a provision of this chapter after a prior 
conviction under a provision of this chapter or the law of a State (as 
defined in section 513) for conduct proscribed by this chapter has 
become final is punishable by a term of imprisonment up to twice that 
otherwise authorized.''.
    (b) Technical Amendment.--The chapter analysis for chapter 109A of 
title 18, United States Code, as amended by section 137(b), is amended 
by striking the item relating to section 2246 and inserting the 
following:

``2246. Penalties for subsequent offenses.
``2247. Definitions for chapter.''.

SEC. 603. RESTITUTION FOR VICTIMS OF SEX OFFENSES.

    Section 3663(b)(2) of title 18, United States Code, is amended by 
inserting ``or an offense under chapter 109A or chapter 110'' after 
``an offense resulting in bodily injury to a victim''.

SEC. 604. HIV TESTING AND PENALTY ENHANCEMENT IN SEXUAL ABUSE CASES.

    (a) In General.--Chapter 109A of title 18, United States Code, as 
amended by section 602(a), is amended--
            (1) by redesignating section 2247 as section 2248; and
            (2) by inserting after section 2246 the following new 
        section:
``Sec. 2247. Testing for human immunodeficiency virus; disclosure of 
              test results to victim; effect on penalty
    ``(a) Testing at Time of Pre-Trial Release Determination.--In a 
case in which a person is charged with an offense under this chapter, a 
judicial officer issuing an order pursuant to section 3142(a) shall 
include in the order a requirement that a test for the human 
immunodeficiency virus be performed upon the person, and that follow-up 
tests for the virus be performed 6 months and 12 months following the 
date of the initial test, unless the judicial officer determines that 
the conduct of the person created no risk of transmission of the virus 
to the victim, and so states in the order. The order shall direct that 
the initial test be performed within 24 hours, or as soon thereafter as 
is feasible. The person shall not be released from custody until the 
test is performed.
    ``(b) Testing at Later Time.--If a person charged with an offense 
under this chapter was not tested for the human immunodeficiency virus 
pursuant to subsection (a), the court may at a later time direct that 
such a test be performed upon the person, and that follow-up tests be 
performed 6 months and 12 months following the date of the initial 
test, if it appears to the court that the conduct of the person may 
have risked transmission of the virus to the victim. A testing 
requirement under this subsection may be imposed at any time while the 
charge is pending, or following conviction at any time prior to the 
person's completion of service of the sentence.
    ``(c) Termination of Testing Requirement.--A requirement of follow-
up testing imposed under this section shall be canceled if any test is 
positive for the virus or the person obtains an acquittal on, or 
dismissal of, all charges under this chapter.
    ``(d) Disclosure of Test Results.--The results of any test for the 
human immunodeficiency virus performed pursuant to an order under this 
section shall be provided to the judicial officer or court. The 
judicial officer or court shall ensure that the results are disclosed 
to the victim (or to the victim's parent or legal guardian, as 
appropriate), the attorney for the Government, and the person tested.
    ``(e) Effect on Penalty.--The United States Sentencing Commission 
shall amend the sentencing guidelines for sentences for offenses under 
this chapter to enhance the sentence if the offender knew or had reason 
to know that the offender was infected with the human immunodeficiency 
virus, except where the offender did not engage or attempt to engage in 
conduct creating a risk of transmission of the virus to the victim.''.
    (b) Technical Amendment.--The chapter analysis for chapter 109A of 
title 18, United States Code, as amended by section 602(b), is amended 
by striking the 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.''.

SEC. 605. PAYMENT OF COST OF HIV TESTING FOR VICTIM.

    Section 503(c)(7) of the Victims' Rights and Restitution Act of 
1990 (42 U.S.C. 10607(c)(7)) is amended by inserting before the period 
at the end ``and the cost of up to 2 tests of the victim for the human 
immunodeficiency virus during the 12 months following the assault''.

                      Subtitle B--Victims' Rights

SEC. 611. RESTITUTION AMENDMENTS.

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

SEC. 612. VICTIM'S RIGHT OF ALLOCUTION IN SENTENCING.

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

SEC. 613. RIGHT OF THE VICTIM TO AN IMPARTIAL JURY.

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

SEC. 614. MANDATORY RESTITUTION AND OTHER PROVISIONS.

    (a) Order of Restitution.--Section 3663 of title 18, United States 
Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``may order'' and inserting ``shall 
                order''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(4) In addition to ordering restitution of the victim of 
        the offense of which a defendant is convicted, a court may 
        order restitution of any person who, as shown by a 
        preponderance of evidence, was harmed physically, emotionally, 
        or pecuniarily, by unlawful conduct of the defendant during--
                    ``(A) the criminal episode during which the offense 
                occurred; or
                    ``(B) the course of a scheme, conspiracy, or 
                pattern of unlawful activity related to the offense.'';
            (2) in subsection (b)(1)(A) by striking ``impractical'' and 
        inserting ``impracticable'';
            (3) in subsection (b)(2) by inserting ``emotional or'' 
        after ``resulting in'';
            (4) in subsection (c) by striking ``If the Court decides to 
        order restitution under this section, the'' and inserting 
        ``The'';
            (5) by striking subsections (d), (e), (f), (h), and (i), as 
        redesignated by section 611(b)(1);
            (6) by redesignating subsection (g), as added by section 
        611(b)(2), as subsection (d); and
            (7) by adding at the end the following new subsections:
    ``(e)(1) The court shall order restitution to a victim in the full 
amount of the victim's losses as determined by the court and without 
consideration of--
            ``(A) the economic circumstances of the offender; or
            ``(B) the fact that a victim has received or is entitled to 
        receive compensation with respect to a loss from insurance or 
        any other source.
    ``(2) Upon determination of the amount of restitution owed to each 
victim, the court shall specify in the restitution order the manner in 
which and the schedule according to which the restitution is to be 
paid, in consideration of--
            ``(A) the financial resources and other assets of the 
        offender;
            ``(B) projected earnings and other income of the offender; 
        and
            ``(C) any financial obligations of the offender, including 
        obligations to dependents.
    ``(3) A restoration order may direct the offender to make a single, 
lump-sum payment, partial payment at specified intervals, or such in-
kind payments as may be agreeable to the victim and the offender.
    ``(4) An in-kind payment described in paragraph (3) may be in the 
form of--
            ``(A) return of property;
            ``(B) replacement of property; or
            ``(C) services rendered to the victim or to a person or 
        organization other than the victim.
    ``(f) When the court finds that more than 1 offender has 
contributed to the loss of a victim, the court may make each offender 
liable for payment of the full amount of restitution or may apportion 
liability among the offenders to reflect the level of contribution and 
economic circumstances of each offender.
    ``(g) When the court finds that more than 1 victim has sustained a 
loss requiring restitution by an offender, the court shall order full 
restitution of each victim but may provide for different payment 
schedules to reflect the economic circumstances of each victim.
    ``(h)(1) If the victim has received or is entitled to receive 
compensation with respect to a loss from insurance or any other source, 
the court shall order that restitution be paid to the person who 
provided or is obligated to provide the compensation, but the 
restitution order shall provide that all restitution of victims 
required by the order be paid to the victims before any restitution is 
paid to such a provider of compensation.
    ``(2) The issuance of a restitution order shall not affect the 
entitlement of a victim to receive compensation with respect to a loss 
from insurance or any other source until the payments actually received 
by the victim under the restitution order fully compensate the victim 
for the loss, at which time a person that has provided compensation to 
the victim shall be entitled to receive any payments remaining to be 
paid under the restitution order.
    ``(3) Any amount paid to a victim under an order of restitution 
shall be set off against any amount later recovered as compensatory 
damages by the victim in--
            ``(A) any Federal civil proceeding; and
            ``(B) any State civil proceeding, to the extent provided by 
        the law of the State.
    ``(i) A restitution order shall provide that--
            ``(1) all fines, penalties, costs, restitution payments and 
        other forms of transfers of money or property made pursuant to 
        the sentence of the court shall be made by the offender to an 
        entity designated by the Director of the Administrative Office 
        of the United States Courts for accounting and payment by the 
        entity in accordance with this subsection;
            ``(2) the entity designated by the Director of the 
        Administrative Office of the United States Courts shall--
                    ``(A) log all transfers in a manner that tracks the 
                offender's obligations and the current status in 
                meeting those obligations, unless, after efforts have 
                been made to enforce the restitution order and it 
                appears that compliance cannot be obtained, the court 
                determines that continued recordkeeping under this 
                subparagraph would not be useful;
                    ``(B) notify the court and the interested parties 
                when an offender is 90 days in arrears in meeting those 
                obligations; and
                    ``(C) disburse money received from an offender so 
                that each of the following obligations is paid in full 
                in the following sequence:
                            ``(i) a penalty assessment under section 
                        3013;
                            ``(ii) restitution of all victims; and
                            ``(iii) all other fines, penalties, costs, 
                        and other payments required under the sentence; 
                        and
            ``(3) the offender shall advise the entity designated by 
        the Director of the Administrative Office of the United States 
        Courts of any change in the offender's address during the term 
        of the restitution order.
    ``(j) A restitution order shall constitute a lien against all 
property of the offender and may be recorded in any Federal or State 
office for the recording of liens against real or personal property.
    ``(k) Compliance with the schedule of payment and other terms of a 
restitution order shall be a condition of any probation, parole, or 
other form of release of an offender. If a defendant fails to comply 
with a restitution order, the court may revoke probation or a term of 
supervised release, modify the term or conditions of probation or a 
term of supervised release, hold the defendant in contempt of court, 
enter a restraining order or injunction, order the sale of property of 
the defendant, accept a performance bond, or take any other action 
necessary to obtain compliance with the restitution order. In 
determining what action to take, the court shall consider the 
defendant's employment status, earning ability, financial resources, 
the willfulness in failing to comply with the restitution order, and 
any other circumstances that may have a bearing on the defendant's 
ability to comply with the restitution order.
    ``(l) An order of restitution may be enforced--
            ``(1) by the United States--
                    ``(A) in the manner provided for the collection and 
                payment of fines in subchapter B of chapter 229; or
                    ``(B) in the same manner as a judgment in a civil 
                action; and
            ``(2) by a victim named in the order to receive 
        restitution, in the same manner as a judgment in a civil 
        action.
    ``(m) A victim or the offender may petition the court at any time 
to modify a restitution order as appropriate in view of a change in the 
economic circumstances of the offender.''.
    (b) Procedure for Issuing Order of Restitution.--Section 3664 of 
title 18, United States Code, is amended--
            (1) by striking subsection (a);
            (2) by redesignating subsections (b), (c), (d), and (e) as 
        subsections (a), (b), (c), and (d);
            (3) by amending subsection (a), as redesignated by 
        paragraph (2), to read as follows:
    ``(a) The court may order the probation service of the court to 
obtain information pertaining to the amount of loss sustained by any 
victim as a result of the offense, the financial resources of the 
defendant, the financial needs and earning ability of the defendant and 
the defendant's dependents, and such other factors as the court deems 
appropriate. The probation service of the court shall include the 
information collected in the report of presentence investigation or in 
a separate report, as the court directs.''; and
            (4) by adding at the end the following new subsection:
    ``(e) The court may refer any issue arising in connection with a 
proposed order of restitution to a magistrate or special master for 
proposed findings of fact and recommendations as to disposition, 
subject to a de novo determination of the issue by the court.''.

                     Subtitle C--Crime Victims Fund

SEC. 621. CRIME VICTIMS FUND.

    (a) Elimination of Fund Ceilings and Sunset Provision.--Section 
1402 (c) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(c)) is 
repealed.
    (b) Allocations.--
            (1) Generally.--Section 1402(d)(2) of the Victims of Crime 
        Act of 1984 (42 U.S.C. 10601(d)(2)) is amended to read as 
        follows:
    ``(2) The Fund shall be available as follows:
            ``(A) Of the total deposited in the Fund during a 
        particular fiscal year--
                    ``(i) the first $10,000,000 shall be available for 
                grants under section 1404A;
                    ``(ii) the next sums deposited, up to the reserved 
                portion (as described in subparagraph (C)), shall be 
                made available to the judicial branch for 
                administrative costs to carry out the functions of that 
                branch under sections 3611 and 3612 of title 18, United 
                States Code; and
                    ``(iii) of the sums remaining after the allocations 
                under clauses (i) and (ii)--
                            ``(I) 4 percent shall be available for 
                        grants under section 1404(c)(1); and
                            ``(II) 96 percent shall be available in 
                        equal amounts for grants under sections 1403 
                        and 1404(a).
            ``(B) The Director may retain any portion of the Fund that 
        was deposited during a fiscal year that is in excess of 110 
        percent of the total amount deposited in the Fund during the 
        preceding fiscal year as a reserve for use in a year in which 
        the Fund falls below the amount available in the previous year. 
        Such reserve may not exceed $20,000,000.
            ``(C) The reserved portion referred to in subparagraph (A) 
        is $6,200,000 in each of fiscal years 1993 through 1996 and 
        $3,000,000 in each fiscal year thereafter.''.
            (2) Conforming cross-reference.--Section 1402(g)(1) of the 
        Victims of Crime Act of 1984 (42 U.S.C. 10601(g)(1)) is amended 
        by striking ``(iv)'' and inserting ``(i)''.
    (c) Amounts Awarded and Unspent.--Section 1402(e) of the Victims of 
Crime Act of 1984 (42 U.S.C. 10601(e)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``(1) Except as provided in 
                paragraph (2), any'' and inserting ``Any'';
                    (B) by striking ``succeeding fiscal year'' and 
                inserting ``2 succeeding fiscal years'';
                    (C) by striking ``which year'' and inserting 
                ``which period''; and
                    (D) by striking ``the general fund of the 
                Treasury'' and inserting ``the Fund''; and
            (2) by striking paragraph (2).

SEC. 622. PERCENTAGE CHANGE IN CRIME VICTIM COMPENSATION FORMULA.

    Section 1403(a)(1) of the Victims of Crime Act of 1984 (42 U.S.C. 
10602(a)(1)) is amended by striking ``40 percent'' and inserting ``45 
percent''.

SEC. 623. ADMINISTRATIVE COSTS FOR CRIME VICTIM COMPENSATION.

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

SEC. 624. RELATIONSHIP OF CRIME VICTIM COMPENSATION TO CERTAIN FEDERAL 
              PROGRAMS.

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

SEC. 625. USE OF UNSPENT SECTION 1403 MONEY.

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

SEC. 626. UNDERSERVED VICTIMS.

    Section 1404(a) of the Victims of Crime Act of 1984 (42 U.S.C. 
10603(a)) is amended by adding at the end the following new paragraph:
    ``(6) In making the certification required by paragraph (2)(B), the 
chief executive shall give particular attention to children who are 
victims of violent street crime.''.

SEC. 627. GRANTS FOR DEMONSTRATION PROJECTS.

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

SEC. 628. ADMINISTRATIVE COSTS FOR CRIME VICTIM ASSISTANCE.

    Section 1404(a) of the Victims of Crime Act of 1984 (42 U.S.C. 
10603(A)), as amended by section 626, is amended--
            (1) in paragraph (1) by inserting ``, except as provided in 
        paragraph (7)'' after ``programs''; and
            (2) by adding at the end the following new paragraph:
    ``(7) The Director may permit not more than 5 percent of sums 
provided under this subsection to be used by the chief executive of 
each State for the administration of such sums.''.

SEC. 629. CHANGE OF DUE DATE FOR REQUIRED REPORT.

    Section 1407(g) of the Victims of Crime Act of 1984 (42 U.S.C. 
10604(g)) is amended--
            (1) by striking ``December 31, 1990'' and inserting ``May 
        31, 1993''; and
            (2) by striking ``December 31'' the second place it appears 
        and inserting ``May 31''.

SEC. 630. MAINTENANCE OF EFFORT.

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

SEC. 631. DELAYED EFFECTIVE DATE FOR CERTAIN PROVISIONS.

    Sections 721(b), 722, 723, and 728, and the amendments made by 
those sections, shall take effect with respect to the first fiscal year 
that begins after the date of enactment of this Act for which the 
Director certifies that there are sufficient sums in the Victim 
Assistance Fund and the Victims Compensation Fund, as of the end of the 
previous fiscal year, to make the allocations required under such 
sections and amendments without reducing the then current funding 
levels of programs supported by such Funds.

               Subtitle D--National Child Protection Act

SEC. 641. SHORT TITLE.

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

SEC. 642. FINDINGS AND PURPOSES.

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

SEC. 643. DEFINITIONS.

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

SEC. 644. REPORTING BY THE STATES.

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

SEC. 645. BACKGROUND CHECKS.

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

SEC. 646. FUNDING FOR IMPROVEMENT OF CHILD ABUSE CRIME INFORMATION.

    (a) Use of Formula Grants for Improvements in State Records and 
Systems.--Section 509(b) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3759(b)) is amended--
            (1) in paragraph (2) by striking ``and'' after the 
        semicolon;
            (2) in paragraph (3) by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(4) the improvement of State record systems and the 
        sharing of all of the records described in paragraphs (1), (2), 
        and (3) and the records required by the Attorney General under 
        section 744 of the National Child Protection Act of 1993 with 
        the Attorney General for the purpose of implementing the 
        National Child Protection Act of 1993.''.
    (b) Additional Funding Grants for the Improvement of Child Abuse 
Crime Information.--(1) The Attorney General shall, subject to 
appropriations and with preference to States that as of the date of 
enactment of this Act have the lowest percent currency of case 
dispositions in computerized criminal history files, make a grant to 
each State to be used--
            (A) for the computerization of criminal history files for 
        the purposes of this subtitle;
            (B) for the improvement of existing computerized criminal 
        history files for the purposes of this subtitle;
            (C) to improve accessibility to the national criminal 
        background check system for the purposes of this subtitle; and
            (D) to assist the State in the transmittal of criminal 
        records to, or the indexing of criminal history records in, the 
        national criminal background check system for the purposes of 
        this subtitle.
    (2) There are authorized to be appropriated for grants under 
paragraph (1) a total of $20,000,000 for fiscal years 1993, 1994, and 
1995.
    (c) Withholding State Funds.--Effective 1 year after the date of 
enactment of this Act, the Attorney General may reduce by up to 10 
percent the allocation to a State for a fiscal year under title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 of a State that 
is not in compliance with the timetable established for that State 
under section 644 of this Act.

 Subtitle E--Jacob Wetterling Crimes Against Children Registration Act

SEC. 651. SHORT TITLE.

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

SEC. 652. ESTABLISHMENT OF PROGRAM.

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

SEC. 653. STATE COMPLIANCE.

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

                     Subtitle F--Domestic Violence

SEC. 661. DOMESTIC VIOLENCE GRANTS.

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

                ``Part Q--Domestic Violence Intervention

``SEC. 1701. GRANT AUTHORIZATION.

    ``The Director of the Bureau of Justice Assistance may make grants 
to 10 States for the purpose of assisting States in implementing a 
civil and criminal response to domestic violence.

``SEC. 1702. USE OF FUNDS.

    ``Grants made by the Director under this part shall be used--
            ``(1) to encourage increased prosecutions for domestic 
        violence crimes;
            ``(2) to report more accurately the incidences of domestic 
        violence;
            ``(3) to facilitate arrests and aggressive prosecution 
        policies;
            ``(4) to provide legal advocacy services for victims of 
        domestic violence; and
            ``(5) to improve the knowledge of health professionals 
        regarding domestic violence and facilitate cooperation between 
        health professionals, social service providers, and law 
        enforcement personnel to better assist victims of domestic 
        violence.

``SEC. 1703. APPLICATIONS.

    ``(a) In General.--In order to be eligible to receive a grant under 
this part for any fiscal year, a State shall submit an application to 
the Director in such form and containing such information as the 
Director may reasonably require.
    ``(b) Requirements.--An application under subsection (a) shall 
include--
            ``(1) a request for funds for the purposes described in 
        section 1702;
            ``(2) a description of the programs already in place to 
        combat domestic violence;
            ``(3) assurances that Federal funds received under this 
        part shall be used to supplement, not supplant, non-Federal 
        funds that would otherwise be available for activities funded 
        under this part; and
            ``(4) statistical information, if available, in such form 
        and containing such information that the Director may require 
        regarding domestic violence within that State.
    ``(c) Comprehensive Plan.--An application under subsection (a) 
shall include a comprehensive plan that shall contain--
            ``(1) a description of the domestic violence problem within 
        the State targeted for assistance;
            ``(2) a description of the projects to be developed;
            ``(3) a description of the resources available in the State 
        to implement the plan together with a description of the gaps 
        in the plan that cannot be filled with existing resources;
            ``(4) an explanation of how the requested grant will be 
        used to fill those gaps; and
            ``(5) a description of the system the applicant will 
        establish to prevent and reduce domestic violence.

``SEC. 1704. ALLOCATION OF FUNDS; LIMITATIONS ON GRANTS.

    ``(a) State Maximum.--No State shall receive more than $2,500,000 
under this part for any fiscal year.
    ``(b) Administrative Cost Limitation.--The Director shall use not 
more than 5 percent of the funds available under this part for the 
purposes of administration and technical assistance.
    ``(c) Renewal of Grants.--A grant under this part may be renewed 
for up to 2 additional years after the first fiscal year during which 
the recipient receives its initial grant under this part, subject to 
the availability of funds, if--
            ``(1) the Director determines that the funds made available 
        to the recipient during the previous year were used in a manner 
        required under the approved application; and
            ``(2) the Director determines that an additional grant is 
        necessary to implement the crime prevention program described 
        in the comprehensive plan as required by section 1703(c).

``SEC. 1705. AWARD OF GRANTS.

    ``The Director shall consider the following factors in awarding 
grants to States and shall give preference to States that have--
            ``(1) a law or policy that requires the arrest of a person 
        who police have probable cause to believe has committed an act 
        of domestic violence or probable cause to believe has violated 
        a civil protection order;
            ``(2) a law or policy that discourages dual arrests;
            ``(3) laws or statewide prosecution policies that authorize 
        and encourage prosecutors to pursue domestic violence cases in 
        which a criminal case can be proved, including proceeding 
        without the active involvement of the victim if necessary;
            ``(4) statewide guidelines for judges that--
                    ``(A) reduce the automatic issuance of mutual 
                restraining or protective orders in cases where only 1 
                spouse has sought a restraining or protective order;
                    ``(B) require any history of abuse against a child 
                or against a parent to be considered when making child 
                custody determinations; and
                    ``(C) require judicial training on domestic 
                violence and related civil and criminal court issues;
            ``(5) policies that provide for the coordination of court 
        and legal victim advocacy services; and
            ``(6) policies that make existing remedies to domestic 
        violence easily available to victims of domestic violence, 
        including elimination of court fees and the provision of simple 
        court forms.

``SEC. 1706. REPORTS.

    ``(a) Report to Director.--Each State that receives funds under 
this part shall submit to the Director a report not later than March 1 
of each year that describes progress achieved in carrying out the plan 
required under section 1703(c).
    ``(b) Report to Congress.--The Director shall submit to the 
Congress a report by October 1 of each year in which grants are made 
available under this part containing--
            ``(1) a detailed statement regarding grant awards and 
        activities of grant recipients;
            ``(2) a compilation of statistical information submitted by 
        applicants under section 1703(b)(4); and
            ``(3) an evaluation of programs established under this 
        part.

``SEC. 1707. DEFINITIONS.

    ``For the purposes of this part:
            ``(1) The term `Director' means the Director of the Bureau 
        of Justice Assistance.
            ``(2) The term `domestic violence' means any act or 
        threatened act of violence, including any forceful detention of 
        an individual, that--
                    ``(A) results or threatens to result in physical 
                injury; and
                    ``(B) is committed by an individual against another 
                individual (including an elderly individual) to whom 
                the individual is or was related by blood or marriage 
                or otherwise legally related or with whom the 
                individual is or was lawfully residing.''.
    (b) Technical Amendment.--The table of contents of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et 
seq.), as amended by section 523(b), is amended by striking the matter 
relating 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. ``part r--transition; effective date; repealer
``Sec. 1801. Continuation of rules, authorities, and proceedings.''.
    (c) Authorization of Appropriations.--Section 1001(a) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3793(a)), as amended by section 523(d), is amended by adding at the end 
the following new paragraph:
    ``(11) There are authorized to be appropriated $25,000,000 for 
fiscal year 1993 and such sums as may be necessary for fiscal years 
1994 and 1995 to carry out projects under part Q.''.

SEC. 662. REPORT ON BATTERED WOMEN'S SYNDROME.

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

                      Subtitle G--Other Provisions

SEC. 671. INDUCEMENT OF MINOR TO COMMIT AN OFFENSE.

    (a) Findings.--The Congress finds that--
            (1) children are our most important and yet most fragile 
        human resource;
            (2) too many young people are induced or forced into 
        performing criminal acts by adults;
            (3) the greatest effort must be taken to eliminate crime in 
        our neighborhoods and our schools;
            (4) an equal resolve must be taken to punish individuals 
        who attempt to use America's youth as pawns in their criminal 
        enterprises; and
            (5) adequate penalties can be implemented to eradicate the 
        exploitation of minors to commit offenses.
    (b) Amendment of Title 18, United States Code.--Chapter 1 of title 
18, United States Code, is amended by adding at the end the following 
new section:
``Sec. 21. Inducement of minor to commit an offense
    ``(a) In General.--Except to the extent that a greater minimum 
sentence is provided by other law, a person 18 years of age or older 
who, in any voluntary manner, solicits, counsels, encourages, commands, 
intimidates, or procures any minor with the intent that the minor shall 
commit an offense against the United States shall be imprisoned not 
less than 3 and not more than 10 years, to be served consecutively with 
any other sentences that are imposed.
    ``(b) Limitation.--In the case of an offense under subsection (a) 
involving a minor who is 16 years of age or older at the time of the 
offense, subsection (a) shall apply only when the offender is at least 
5 years older than the minor at the time the offense is committed.
    ``(c) Sentencing.--In imposing a sentence under subsection (a), the 
court shall consider as a circumstance in aggravation the severity of 
the offense sought by the adult.
    ``(d) Definition.--For the purposes of this section the term 
`minor' means a person less than 18 years of age.''.
    (c) Technical Amendment.--The chapter analysis for chapter 1 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

``21. Inducement of minor to commit an offense.''.

SEC. 672. DISCLOSURE OF RECORDS OF ARRESTS BY CAMPUS POLICE.

    Section 438(a)(4)(B)(ii) of the General Education Provisions Act 
(20 U.S.C. 1232g(a)(4)(B)(ii)) is amended to read as follows:
            ``(ii) records maintained by a law enforcement unit of the 
        education agency or institution that were created by that law 
        enforcement unit for the purpose of law enforcement.''.

SEC. 673. NATIONAL BASELINE STUDY ON CAMPUS SEXUAL ASSAULT.

    (a) In General.--The Attorney General, in consultation with the 
Secretary of Education, shall, by contract with an appropriate entity 
with expertise in college campus security, provide for a national 
baseline study to research the effectiveness of campus sexual assault 
policies for institutions of postsecondary education.
    (b) Components of the Report.--The report described in subsection 
(a) shall include an analysis of--
            (1) the number of reported allegations and estimated number 
        of unreported allegations of sexual assault occurring on 
        college and university campuses, and to whom the allegations 
        are reported (including campus authorities, sexual assault 
        victim service entities, and local criminal authorities);
            (2) the number of campus sexual assault allegations 
        reported to campus authorities which are reported to criminal 
        authorities;
            (3) the percentage of campus sexual assault allegations 
        compared to noncampus sexual assault allegations which result 
        in eventual criminal prosecution;
            (4) State laws or regulations pertaining specifically to 
        campus sexual assaults;
            (5) the adequacy of campus policies and practices in 
        protecting the legal rights and interests of sexual assault 
        victims and the accused, including consideration of--
                    (A) practices that might discourage the reporting 
                of sexual assaults to local criminal authorities, or 
                result in any form of obstruction of justice, and thus 
                undermine the public interest in prosecuting 
                perpetrators of sexual assault; and
                    (B) the ability of campus disciplinary hearings to 
                properly address allegations of sexual assault;
            (6) whether colleges and universities take adequate 
        measures to ensure that victims are free of unwanted contact 
        with alleged assailants;
            (7) the grounds on which colleges and universities are sued 
        in civil court regarding sexual assaults, the resolution of 
        these cases, and measures that can be taken to prevent future 
        lawsuits;
            (8) the ways in which colleges and universities respond to 
        allegations of sexual assault, including an assessment of which 
        programs work the best;
            (9) recommendations to redress concerns raised in the 
        report; and
            (10) any other issues or questions the Attorney General, 
        with the concurrence of the Secretary of Education, deems to be 
        appropriate to the study.
    (c) Report.--The Secretary of Education shall review the results of 
the research required by this section and report to the Committee on 
Education and Labor of the House of Representatives and the Committee 
on Labor and Human Resources of the Senate by September 1, 1995, 
coordinating that report with the report and dissemination required 
under section 485(f)(4) of the Higher Education Act of 1965 (20 U.S.C. 
1092(f)(4)).
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated $200,000 for the contract required by subsection (a).

SEC. 674. SENSE OF CONGRESS CONCERNING CHILD CUSTODY AND VISITATION 
              RIGHTS.

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

                      TITLE VII--EQUAL JUSTICE ACT

SEC. 701. SHORT TITLE.

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

SEC. 702. PROHIBITION OF RACIALLY DISCRIMINATORY POLICIES CONCERNING 
              CAPITAL PUNISHMENT OR OTHER PENALTIES.

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

SEC. 703. GENERAL SAFEGUARDS AGAINST RACIAL PREJUDICE OR BIAS IN THE 
              TRIBUNAL.

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

SEC. 704. FEDERAL CAPITAL CASES.

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

SEC. 705. EXTENSION OF PROTECTION OF CIVIL RIGHTS STATUTES.

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

                     TITLE VIII--PUBLIC CORRUPTION

SEC. 801. SHORT TITLE.

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

SEC. 802. PUBLIC CORRUPTION.

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

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

SEC. 803. INTERSTATE COMMERCE.

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

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

SEC. 804. NARCOTICS-RELATED PUBLIC CORRUPTION.

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

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

                       TITLE IX--FEDERAL PRISONS

SEC. 901. AUTHORIZATION OF APPROPRIATIONS FOR NEW PRISON CONSTRUCTION.

    There is authorized to be appropriated for fiscal year 1994 to the 
buildings and facilities account, Federal Prison System, Department of 
Justice, $500,000,000 for the planning of, acquisition of sites for, 
and the construction of new penal and correctional facilities, such 
appropriations to be in addition to any appropriations provided in 
regular appropriations Acts or continuing resolutions for that fiscal 
year.

                         TITLE X--VIOLENT CRIME

SEC. 1001. SHORT TITLE.

    This Act may be cited as the ``Life Imprisonment for Egregious 
Recidivists Act of 1993''.

SEC. 1002. TITLE 18 AMENDMENT.

    Section 3581 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(c) Imprisonment of Certain Violent Felons.--
            ``(1) General rule.--Notwithstanding any other provision of 
        this title or any other law, in the case of a conviction for a 
        Federal violent felony, the court shall sentence the defendant 
        to prison for life if the defendant has previously been 
        convicted of two other violent felonies.
            ``(2) Definition.--As used in this section the term 
        ``violent felony'' is a State or Federal crime of violence (as 
        defined in section 16 of this title)--
                    ``(A) that involves the threatened use, use, or the 
                risk of use of physical force against the person of 
                another;
                    ``(B) for which the maximum authorized imprisonment 
                exceeds one year; and
                    ``(C) which is not designated a misdemeanor by the 
                law that defines the offense.
            ``(3) Rule of construction.--This subsection shall not be 
        construed to prevent the imposition of the death penalty.''.

              TITLE XI--INTERNATIONAL PARENTAL KIDNAPPING

SEC. 1101. SHORT TITLE.

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

SEC. 1102. TITLE 18 AMENDMENT.

    (a) In General.--Chapter 55 (relating to kidnapping) of title 18, 
United States Code, is amended by adding at the end the following:
``Sec. 1204. International parental kidnapping
    ``(a) Whoever--
            ``(1) removes a child from the United States or retains a 
        child (who has been in the United States) outside the United 
        States--
                    ``(A) in order to obstruct the lawful exercise of 
                parental rights that are established in a court order;
                    ``(B) in order to obstruct the lawful exercise of 
                parental rights by the mother of that child, in the 
                case of a child--
                            ``(i) whose parents have not been married;
                            ``(ii) with regard to whom paternity has 
                        not been judicially established; and
                            ``(iii) whose custody has not been 
                        judicially granted to a person other than the 
                        mother; or
                    ``(C) in order to obstruct the lawful exercise of 
                parental rights during the pendency of judicial 
                proceedings to determine parental rights; or
            ``(2) in any other circumstances removes a child from the 
        United States or retains a child (who has been in the United 
        States) outside the United States, in order to obstruct the 
        lawful exercise of parental rights;
shall be fined under this title or imprisoned not more than 3 years, or 
both.
    ``(b) As used in this section--
            ``(1) the term `child' means a person who has not attained 
        the age of 16 years; and
            ``(2) the term `parental rights', with respect to a child, 
        means the right to physical custody of the child--
                    ``(A) whether joint or sole (and includes visiting 
                rights); and
                    ``(B) whether arising by operation of law, court 
                order, or agreement of the parties.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 55 of title 18, United States Code, is amended by adding at the 
end the following:

``1204. International parental kidnapping.''.

SEC. 1103. STATE COURT PROGRAMS REGARDING INTERNATIONAL PARENTAL CHILD 
              ABDUCTION.

    There is authorized to be appropriated $250,000 to carry out under 
the State Justice Institute Act of 1984 (42 U.S.C. 10701-10713) 
national, regional, and in-State training and educational programs 
dealing with criminal and civil aspects of interstate and international 
parental child abduction.

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